HOUSE BILL 461
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Antonio "Moe" Maestas
AN ACT
RELATING TO ALCOHOL; AMENDING A SECTION OF THE LIQUOR CONTROL ACT TO INCREASE THE FREQUENCY FOR ALCOHOL SERVER TRAINING FROM EVERY FIVE YEARS TO EVERY THREE YEARS; REDUCING THE PENALTY FOR SERVING ALCOHOLIC BEVERAGES TO MINORS; CHANGING THE KNOWLEDGE REQUIREMENT FOR PROVIDING ALCOHOL TO MINORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 60-6E-1 NMSA 1978 (being Laws 1999, Chapter 277, Section 2) is amended to read:
"60-6E-1. ARTICLE DESIGNATION--ALCOHOL SERVER EDUCATION.--Chapter 60, Article [6D] 6E NMSA 1978 may be cited as the "Alcohol Server Education Article of the Liquor Control Act"."
SECTION 2. Section 60-6E-7 NMSA 1978 (being Laws 1999, Chapter 277, Section 8) is amended to read:
"60-6E-7. SERVER PERMITS--ISSUANCE--OWNERSHIP--FEES.--
A. The director shall issue a server permit to each applicant who obtains a certificate of program completion and provides such other information as may be required by the director. The director may, in the director's discretion, issue temporary server permits if circumstances warrant such issuance.
B. Server permits shall not be issued to graduates of programs that are not approved by the director.
C. A server permit is the property of the server to whom it is issued.
D. The director may charge a fee for the issuance of the server permit.
E. Server permits shall be valid for a period of [five] three years from the date the server permit was issued.
F. A certificate of completion of an alcohol server education program issued pursuant to previous law shall remain valid until the date of its expiration."
SECTION 3. Section 60-7B-1 NMSA 1978 (being Laws 1993, Chapter 68, Section 22, as amended) is amended to read:
"60-7B-1. SELLING OR GIVING ALCOHOLIC BEVERAGES TO
MINORS--POSSESSION OF ALCOHOLIC BEVERAGES BY MINORS.--
A. It is a violation of the Liquor Control Act for a person, including a person licensed pursuant to the provisions of the Liquor Control Act, or an employee, agent or lessee of that person, if [he] the person knows or has reason to know that [he] the person is violating the provisions of this section, to:
(1) sell, serve or give alcoholic beverages to a minor or permit a minor to consume alcoholic beverages on the licensed premises;
(2) buy alcoholic beverages for or procure the sale or service of alcoholic beverages to a minor;
(3) deliver alcoholic beverages to a minor; or
(4) aid or assist a minor to buy, procure or be served with alcoholic beverages.
B. It is not a violation of the Liquor Control Act, as provided in Subsection A or C of this section, when:
(1) a parent, legal guardian or adult spouse of a minor serves alcoholic beverages to that minor on real property, other than licensed premises, under the control of the parent, legal guardian or adult spouse; or
(2) alcoholic beverages are used in the practice of religious beliefs.
C. It is a violation of the Liquor Control Act for a minor to buy, attempt to buy, receive, possess or permit [himself] the minor's self to be served with alcoholic beverages.
D. When a person other than a minor procures another person to sell, serve or deliver alcoholic beverages to a minor by actual or constructive misrepresentation of facts or concealment of facts calculated to cause the person selling, serving or delivering the alcoholic beverages to the minor to believe that the minor is legally entitled to be sold, served or delivered alcoholic beverages and actually deceives that person by that misrepresentation or concealment, then the procurer and not the person deceived shall have violated the provisions of the Liquor Control Act.
E. As used in the Liquor Control Act, "minor" means a person under twenty-one years of age.
F. In addition to the penalties provided in Section 60-6C-1 NMSA 1978, a violation of the provisions of Subsection A of this section is [a fourth degree felony and the offender]:
(1) a fourth degree felony for an offender, other than a server certified pursuant to Section 60-6E-7 NMSA 1978, who shall be sentenced pursuant to Section 31-18-15 NMSA 1978;
(2) a misdemeanor for a first violation if the offender is a server, certified pursuant to Section 60-6E-7 NMSA 1978, who shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; or
(3) a fourth degree felony for a second or subsequent violation if the offender is a server, certified pursuant to Section 60-6E-7 NMSA 1978, who shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
G. A violation of the provisions of Subsection C of this section is a misdemeanor and the offender shall be punished as follows:
(1) for a first violation, the offender shall be:
(a) fined an amount not more than one thousand dollars ($1,000); and
(b) ordered by the sentencing court to perform thirty hours of community service related to reducing the incidence of driving while under the influence of intoxicating liquor;
(2) for a second violation, the offender shall:
(a) be fined an amount not more than one thousand dollars ($1,000);
(b) be ordered by the sentencing court to perform forty hours of community service related to reducing the incidence of driving while under the influence of intoxicating liquor; and
(c) have [his] the offender's driver's license suspended for a period of ninety days. If the minor is too young to possess a driver's license at the time of the violation, then ninety days shall be added to the date [he] the offender would otherwise become eligible to obtain a driver's license; and
(3) for a third or subsequent violation, the offender shall:
(a) be fined an amount not more than one thousand dollars ($1,000);
(b) be ordered by the sentencing court to perform sixty hours of community service related to reducing the incidence of driving while under the influence of intoxicating liquor; and
(c) have [his] the offender's driver's license suspended for a period of two years or until the offender reaches twenty-one years of age, whichever period of time is greater.
H. A violation of the provisions of Subsection D of this section is a fourth degree felony and the offender shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."
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