0001|                         HOUSE BILL 416
    |
0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
    |
0003|     1996
    |
0004|                         INTRODUCED BY
    |
0005|                       R. DAVID PEDERSON
    |
0006|     
    |
0007|                                
    |
0008|                                 
    |
0009|                                  
    |
0010|     
    |
0011|                             AN ACT
    |
0012|     RELATING TO ALCOHOL; AUTHORIZING LOCAL OPTION ELECTIONS
    |
0013|     REGARDING THE SALE OF ALCOHOLIC BEVERAGES FROM DRIVE-UP WINDOWS;
    |
0014|     AMENDING A SECTION OF THE LIQUOR CONTROL ACT.
    |
0015|     
    |
0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0017|       Section 1.  Section 60-7A-1 NMSA 1978 (being Laws 1981,
    |
0018|     Chapter 39, Section 47, as amended) is amended to read:
    |
0019|       "60-7A-1.  HOURS AND DAYS OF BUSINESS--SUNDAY SALES--<u>DRIVE-UP WINDOW SALES</u>--CHRISTMAS DAY SALES--SUNDAY SALES FOR
    |
0020|     CONSUMPTION OFF THE LICENSED PREMISES--ELECTIONS.--
    |
0021|            A.  Alcoholic beverages shall be sold, served and
    |
0022|     consumed on licensed premises only during the following hours
    |
0023|     and days:
    |
0024|                 (1)  on Mondays from 7:00 a.m. until midnight;
    |
0025|                 (2)  on other weekdays from after midnight of
    |
0001|     the previous day until 2:00 a.m., then from 7:00 a.m. until
    |
0002|     midnight, except as provided in Subsections D, E and H of this
    |
0003|     section; and
    |
0004|                 (3)  on Sundays only after midnight of the
    |
0005|     previous day until 2:00 a.m., except as provided in Subsections
    |
0006|     C and F of this section; provided, however, nothing in this
    |
0007|     section shall prohibit the consumption at any time of alcoholic
    |
0008|     beverages in guest rooms of hotels.
    |
0009|            B.  Alcoholic beverages shall be sold by a dispenser
    |
0010|     or a retailer in unbroken packages, for consumption off the
    |
0011|     licensed premises and not for resale, on Mondays through
    |
0012|     Saturdays from 7:00 a.m. until 12:00 a.m. on the following day
    |
0013|     except as provided in Subsections D, E and H of this section.
    |
0014|            C.  Subject to the provisions of Subsections F and I
    |
0015|     of this section, a dispenser, restaurant licensee or club may,
    |
0016|     upon payment of an additional fee of one hundred dollars ($100),
    |
0017|     obtain a permit to sell, serve or permit the consumption of
    |
0018|     alcoholic beverages by the drink on the licensed premises on
    |
0019|     Sundays from <s>[12:00]</s> noon until midnight and in those years
    |
0020|     when December 31 falls on a Sunday from <s>[12:00]</s> noon until
    |
0021|     2:00 a.m. of the following day, except as otherwise provided in
    |
0022|     Subsection F of this section.  The permit shall expire on June
    |
0023|     30 of each year and may be renewed from year to year upon
    |
0024|     application for renewal and payment of the required fee.  The
    |
0025|     permit fee shall not be prorated.  Sales made pursuant to this
    |
0001|     subsection or Subsection I of this section shall be called
    |
0002|     "Sunday sales".
    |
0003|            D.  Retailers, dispensers, canopy licensees,
    |
0004|     restaurant licensees, club licensees and governmental licensees
    |
0005|     or its lessees shall not sell, serve, deliver or allow the
    |
0006|     consumption of alcoholic beverages on the licensed premises
    |
0007|     during voting hours on the days of the primary election, general
    |
0008|     election, elections for officers of a municipality or any other
    |
0009|     election as prescribed by the rules and regulations of the
    |
0010|     director.
    |
0011|            E.  Retailers, dispensers, canopy licensees that were
    |
0012|     replaced by dispenser's licensees pursuant to Section 60-6B-16
    |
0013|     NMSA 1978, restaurant licensees, club licensees and governmental
    |
0014|     licensees or its lessees shall not sell, serve, deliver or allow
    |
0015|     the consumption of alcoholic beverages on the licensed premises
    |
0016|     from 2:00 a.m. on Christmas day until 7:00 a.m. on the day after
    |
0017|     Christmas, except as permitted pursuant to Subsection H of this
    |
0018|     section.
    |
0019|            F.  At the 1984 general election, the secretary of
    |
0020|     state shall order placed on the ballot in each local option
    |
0021|     district the question "Shall Sunday sales of alcoholic beverages
    |
0022|     by the drink for consumption on the licensed premises of
    |
0023|     licensees be allowed in this local option district?".  If the
    |
0024|     secretary of state determines a need, he may authorize the use
    |
0025|     of paper ballots for the purpose of the election provided for
    |
0001|     pursuant to this subsection.  Until such election, Sunday sales
    |
0002|     shall be permitted on the same basis in any local option
    |
0003|     district as provided under any former act, and the election held
    |
0004|     at the first general election following the effective date of
    |
0005|     the Liquor Control Act shall have no effect on whether Sunday
    |
0006|     sales are permitted in any local option district.  If the
    |
0007|     question is disapproved by a majority of those voting upon the
    |
0008|     question in the local option district, Sunday sales shall be
    |
0009|     unlawful in that local option district upon certification of the
    |
0010|     election returns, and the question shall not again be placed on
    |
0011|     the ballot in that local option district until:
    |
0012|                 (1)  at least one year has passed; and
    |
0013|                 (2)  a petition is filed with the local
    |
0014|     governing body bearing the signatures of registered qualified
    |
0015|     electors of the local option district equal in number to ten
    |
0016|     percent of the number of votes cast and counted in the local
    |
0017|     option district for governor in the last preceding general
    |
0018|     election in which a governor was elected.  The signatures on the
    |
0019|     petition shall be verified by the clerk of the county in which
    |
0020|     the local option district is situated.
    |
0021|            G.  The local governing body of a local option
    |
0022|     district <s>[in an eligible county]</s> shall:
    |
0023|                 (1)  adopt a resolution within <s>[sixty]</s>
    |
0024|     <u>ninety</u> days of <s>[April 7, 1989]</s> <u>July 1, 1996</u> calling for an
    |
0025|     election to place on the ballot the question "Shall a retailer
    |
0001|     or dispenser be allowed to sell or deliver alcoholic beverages
    |
0002|     at any time from a drive-up window?";
    |
0003|                 (2)  arrange for the election to be held
    |
0004|     <s>[within sixty days after the date the resolution is adopted]</s>
    |
0005|     <u>in conjunction with the next regular election of the governing
</u>    |
<u></u>0006| <u>    body or the next statewide general election following adoption
</u>    |
<u></u>0007| <u>    of the resolution</u>; and
    |
0008|                 (3)  ensure that the election is called,
    |
0009|     conducted, counted and canvassed in the manner provided by law
    |
0010|     for elections within <s>[the]</s> <u>a</u> county <u>or municipality</u>.
    |
0011|       <s>[As used in this subsection, "eligible county" means any
</s>    |
<s></s>0012| <s>    county that, according to motor vehicle statistics reported to
</s>    |
<s></s>0013| <s>    the state highway and transportation department during the years
</s>    |
<s></s>0014| <s>    1985 and 1986, convicted more than twenty-five persons for each
</s>    |
<s></s>0015| <s>    one thousand licensed drivers of driving while intoxicated
</s>    |
<s></s>0016| <s>    offenses.]
</s>    |
<s></s>0017| <s>           H.  On and after July 1, 1989, dispensers, canopy
</s>    |
<s></s>0018| <s>    licensees that were replaced by dispenser's licensees pursuant
</s>    |
<s></s>0019| <s>    to Section 60-6B-16 NMSA 1978, restaurant licensees, club
</s>    |
<s></s>0020| <s>    licensees and governmental licensees or lessees of these
</s>    |
<s></s>0021| <s>    licensees may sell, serve or allow the consumption of beer and
</s>    |
<s></s>0022| <s>    wine with meals on licensed premises from noon until 10:00 p.m.
</s>    |
<s></s>0023| <s>    on Christmas day, except in a local option district in which,
</s>    |
<s></s>0024| <s>    pursuant to petition and election under this subsection, a
</s>    |
<s></s>0025| <s>    majority of the voters voting on the question votes against
</s>    |
<s></s>0001| <s>    continuing such sales or consumption on Christmas day.  An
</s>    |
<s></s>0002| <s>    election shall be held on the question of whether to continue to
</s>    |
<s></s>0003| <s>    allow the sale, service or consumption of beer and wine with
</s>    |
<s></s>0004| <s>    meals on licensed premises from noon until 10:00 p.m. on
</s>    |
<s></s>0005| <s>    Christmas day in a local option district, if a petition
</s>    |
<s></s>0006| <s>    requesting the governing body of that district to call the
</s>    |
<s></s>0007| <s>    election is signed by at least ten percent of the registered
</s>    |
<s></s>0008| <s>    voters of the district and is filed with the clerk of the
</s>    |
<s></s>0009| <s>    governing body of the district.  Upon verification by the clerk
</s>    |
<s></s>0010| <s>    that the petition contains the required number of signatures of
</s>    |
<s></s>0011| <s>    registered voters, the governing body shall adopt a resolution
</s>    |
<s></s>0012| <s>    calling an election on the question of allowing the sale,
</s>    |
<s></s>0013| <s>    service or consumption of beer and wine with meals on licensed
</s>    |
<s></s>0014| <s>    premises from noon until 10:00 p.m. on Christmas day.  The
</s>    |
<s></s>0015| <s>    election shall be held within sixty days after the date the
</s>    |
<s></s>0016| <s>    petition is verified, or it may be held in conjunction with a
</s>    |
<s></s>0017| <s>    regular election of the governing body if that election occurs
</s>    |
<s></s>0018| <s>    within sixty days of such verification.  The election shall be
</s>    |
<s></s>0019| <s>    called, conducted, counted and canvassed in substantially the
</s>    |
<s></s>0020| <s>    same manner as provided for general elections in the county
</s>    |
<s></s>0021| <s>    under the Election Code or for special municipal elections in a
</s>    |
<s></s>0022| <s>    municipality under the Municipal Election Code.  If a majority
</s>    |
<s></s>0023| <s>    of the voters voting on the question votes against continuing
</s>    |
<s></s>0024| <s>    the sale, service or consumption of beer and wine with meals on
</s>    |
<s></s>0025| <s>    licensed premises from noon until 10:00 p.m. on Christmas day,
</s>    |
<s></s>0001| <s>    then such sales and consumption shall be prohibited.  If a
</s>    |
<s></s>0002| <s>    majority of the voters voting on the question votes to allow
</s>    |
<s></s>0003| <s>    continued sale, service and consumption of beer and wine with
</s>    |
<s></s>0004| <s>    meals on licensed premises from noon until 10:00 p.m. on
</s>    |
<s></s>0005| <s>    Christmas day, then such sales and consumption shall be allowed
</s>    |
<s></s>0006| <s>    to continue.  The question then shall not be submitted again to
</s>    |
<s></s>0007| <s>    the voters within two years of the date of the last election on
</s>    |
<s></s>0008| <s>    the question.
</s>    |
<s></s>0009| <s>           I.  Notwithstanding the provisions of Subsection F of
</s>    |
<s></s>0010| <s>    this section, any Indian tribe or pueblo whose lands are wholly
</s>    |
<s></s>0011| <s>    situated within the state that has, by statute, ordinance or
</s>    |
<s></s>0012| <s>    resolution, elected to permit the sale, possession or
</s>    |
<s></s>0013| <s>    consumption of alcoholic beverages on lands within the
</s>    |
<s></s>0014| <s>    territorial boundaries of the tribe or pueblo may, by statute,
</s>    |
<s></s>0015| <s>    ordinance or resolution of the governing body of the Indian
</s>    |
<s></s>0016| <s>    tribe or pueblo, permit Sunday sales by the drink on the
</s>    |
<s></s>0017| <s>    licensed premises of licensees on lands within the territorial
</s>    |
<s></s>0018| <s>    boundaries of the tribe or pueblo; provided that a certified
</s>    |
<s></s>0019| <s>    copy of such enactment is filed with the office of the director
</s>    |
<s></s>0020| <s>    and of the secretary of state.
</s>    |
<s></s>0021| <s>           J.  Subject to the provisions of Subsection K of this
</s>    |
<s></s>0022| <s>    section, a dispenser or retailer, upon payment of an additional
</s>    |
<s></s>0023| <s>    fee of one hundred dollars ($100), may obtain a permit to sell
</s>    |
<s></s>0024| <s>    alcoholic beverages in unbroken packages for consumption off the
</s>    |
<s></s>0025| <s>    licensed premises on Sundays from [12:00]</s> noon until midnight
    |
0001|     and, in those years when December 31 falls on a Sunday, from
    |
0002|     <s>[12:00]</s> noon on December 31 until 2:00 a.m. of the following
    |
0003|     day.  The permit shall expire on June 30 of each year and may be
    |
0004|     renewed from year to year upon application for renewal and
    |
0005|     payment of the required fee.  The permit fee shall not be
    |
0006|     prorated.  Sales made pursuant to the provisions of this
    |
0007|     subsection shall be called "Sunday package sales".
    |
0008|            K.  If a petition requesting the governing body of a
    |
0009|     local option district to call an election on the question of
    |
0010|     continuing to allow sales of alcoholic beverages in unbroken
    |
0011|     packages for consumption off the licensed premises on Sundays is
    |
0012|     filed with the clerk of the governing body and that petition is
    |
0013|     signed by at least ten percent of the number of registered
    |
0014|     voters of the local option district and the clerk of the
    |
0015|     governing body verifies the petition signatures, the governing
    |
0016|     body shall adopt a resolution calling an election on the
    |
0017|     question.  The election shall be held within sixty days of the
    |
0018|     date the petition is verified, or it may be held in conjunction
    |
0019|     with a regular election of the governing body, if the regular
    |
0020|     election occurs within sixty days of the petition verification. 
    |
0021|     The election shall be called, conducted, counted and canvassed
    |
0022|     substantially in the manner provided by law for general
    |
0023|     elections within a county or special municipal elections within
    |
0024|     a municipality.  If a majority of the voters of the local option
    |
0025|     district voting in the election votes to allow the sale of
    |
0001|     alcoholic beverages in unbroken packages for consumption off the
    |
0002|     licensed premises, then those sales shall continue to be
    |
0003|     allowed.  If a majority of the voters of the local option
    |
0004|     district voting in the election votes not to allow the Sunday
    |
0005|     <u>package</u> sales, then those Sunday <u>package</u> sales shall be
    |
0006|     prohibited commencing the first Sunday after the results of the
    |
0007|     election are certified.  Following the election, the question of
    |
0008|     allowing the Sunday <u>package</u> sales shall not be submitted again
    |
0009|     to the voters within two years of the date of the last election
    |
0010|     on the question."
    |
0011|       Section 2.  EFFECTIVE DATE.--The effective date of the
    |
0012|     provisions of this act is July 1, 1996.
    |
0013|                             - 9 -
    |
0014|                                 
    |
0015|     
    |
0016|     
    |
0017|     
    |
0018|     
    |
0019|     
    |