SENATE BILL 435

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

George K. Muñoz

 

 

 

 

 

AN ACT

RELATING TO LIQUOR CONTROL; PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES ON REAL PROPERTY LEASED FROM THE STATE OF NEW MEXICO.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 60-7A-4.1 NMSA 1978 (being Laws 1985, Chapter 179, Section 1, as amended) is amended to read:

     "60-7A-4.1. UNLAWFUL SALE OF ALCOHOLIC BEVERAGES--CRIMINAL PENALTY--FORFEITURE.--

          A. It is unlawful for [any] a person to sell or attempt to sell alcoholic beverages at any place other than a licensed premises or as otherwise provided by the Liquor Control Act.

          B. It is unlawful for a person, including a person with a license issued pursuant to the Liquor Control Act, to sell or attempt to sell alcoholic beverages at a location on real property leased from the state of New Mexico.

          [B. Any] C. A person who violates the provisions of Subsection A or B of this section is guilty of a fourth degree felony.

          [C. Any] D. A conveyance used or intended to be used for the purpose of unlawful sale of alcoholic beverages or money [which] that is the fruit or instrumentality of the crime is subject to forfeiture, and the provisions of the Forfeiture Act apply to the seizure, forfeiture and disposal of such property."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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