0001| SENATE BILL 244
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| TOM RUTHERFORD
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO ALCOHOLIC BEVERAGES; REMOVING AUTHORITY FOR CERTAIN
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0013| SUNDAY SALES OF ALCOHOLIC BEVERAGES FOR CONSUMPTION OFF THE
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0014| LICENSED PREMISES; AMENDING A SECTION OF THE LIQUOR CONTROL ACT.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0018| Chapter 39, Section 47, as amended) is amended to read:
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0019| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES--CHRISTMAS DAY SALES--[SUNDAY SALES FOR CONSUMPTION OFF THE
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LICENSED PREMISES] ELECTIONS.--
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0021| A. Alcoholic beverages shall be sold, served and
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0022| consumed on licensed premises only during the following hours
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0023| and days:
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0024| (1) on Mondays from 7:00 a.m. until midnight;
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0025| (2) on other weekdays from after midnight of
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0001| the previous day until 2:00 a.m., then from 7:00 a.m. until
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0002| midnight, except as provided in Subsections D, E and H of this
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0003| section; and
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0004| (3) on Sundays only after midnight of the
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0005| previous day until 2:00 a.m., except as provided in Subsections
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0006| C and F of this section; provided, however, nothing in this
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0007| section shall prohibit the consumption at any time of alcoholic
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0008| beverages in guest rooms of hotels.
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0009| B. Alcoholic beverages shall be sold by a dispenser
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0010| or a retailer in unbroken packages, for consumption off the
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0011| licensed premises and not for resale on Mondays through
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0012| Saturdays from 7:00 a.m. until 12:00 a.m. on the following day,
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0013| except as provided in Subsections D, E and H of this section.
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0014| C. Subject to the provisions of Subsections F and I
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0015| of this section, a dispenser, restaurant licensee or club may,
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0016| upon payment of an additional fee of one hundred dollars ($100),
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0017| obtain a permit to sell, serve or permit the consumption of
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0018| alcoholic beverages by the drink on the licensed premises on
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0019| Sundays from 12:00 noon until midnight and in those years when
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0020| December 31 falls on a Sunday from 12:00 noon until 2:00 a.m. of
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0021| the following day, except as otherwise provided in Subsection F
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0022| of this section. The permit shall expire on June 30 of each
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0023| year and may be renewed from year to year upon application for
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0024| renewal and payment of the required fee. The permit fee shall
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0025| not be prorated. Sales made pursuant to this subsection or
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0001| Subsection I of this section shall be called "Sunday sales".
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0002| D. Retailers, dispensers, canopy licensees,
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0003| restaurant licensees, club licensees and governmental licensees
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0004| or its lessees shall not sell, serve, deliver or allow the
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0005| consumption of alcoholic beverages on the licensed premises
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0006| during voting hours on the days of the primary election, general
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0007| election, elections for officers of a municipality or any other
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0008| election as prescribed by the rules and regulations of the
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0009| director.
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0010| E. Retailers, dispensers, canopy licensees that were
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0011| replaced by dispenser's licensees pursuant to Section 60-6B-16
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0012| NMSA 1978, restaurant licensees, club licensees and governmental
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0013| licensees or its lessees shall not sell, serve, deliver or allow
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0014| the consumption of alcoholic beverages on the licensed premises
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0015| from 2:00 a.m. on Christmas day until 7:00 a.m. on the day after
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0016| Christmas, except as permitted pursuant to Subsection H of this
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0017| section.
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0018| F. At the 1984 general election, the secretary of
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0019| state shall order placed on the ballot in each local option
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0020| district the question "Shall Sunday sales of alcoholic beverages
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0021| by the drink for consumption on the licensed premises of
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0022| licensees be allowed in this local option district?". If the
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0023| secretary of state determines a need, he may authorize the use
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0024| of paper ballots for the purpose of the election provided for
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0025| pursuant to this subsection. Until such election, Sunday sales
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0001| shall be permitted on the same basis in any local option
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0002| district as provided under any former act, and the election held
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0003| at the first general election following the effective date of
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0004| the Liquor Control Act shall have no effect on whether Sunday
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0005| sales are permitted in any local option district. If the
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0006| question is disapproved by a majority of those voting upon the
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0007| question in the local option district, Sunday sales shall be
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0008| unlawful in that local option district upon certification of the
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0009| election returns, and the question shall not again be placed on
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0010| the ballot in that local option district until:
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0011| (1) at least one year has passed; and
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0012| (2) a petition is filed with the local
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0013| governing body bearing the signatures of registered qualified
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0014| electors of the local option district equal in number to ten
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0015| percent of the number of votes cast and counted in the local
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0016| option district for governor in the last preceding general
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0017| election in which a governor was elected. The signatures on the
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0018| petition shall be verified by the clerk of the county in which
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0019| the local option district is situated.
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0020| G. The local governing body of a local option
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0021| district in an eligible county shall:
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0022| (1) adopt a resolution within sixty days of
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0023| April 7, 1989 calling for an election to place on the ballot the
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0024| question "Shall a retailer or dispenser be allowed to sell or
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0025| deliver alcoholic beverages at any time from a drive-up
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0001| window?";
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0002| (2) arrange for the election to be held within
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0003| sixty days after the date the resolution is adopted; and
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0004| (3) ensure that the election is called,
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0005| conducted, counted and canvassed in the manner provided by law
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0006| for elections within the county.
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0007| As used in this subsection, "eligible county" means any
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0008| county that, according to motor vehicle statistics reported to
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0009| the state highway and transportation department during the years
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0010| 1985 and 1986, convicted more than twenty-five persons for each
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0011| one thousand licensed drivers of driving while intoxicated
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0012| offenses.
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0013| H. On and after July 1, 1989, dispensers, canopy
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0014| licensees that were replaced by dispenser's licensees pursuant
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0015| to Section 60-6B-16 NMSA 1978, restaurant licensees, club
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0016| licensees and governmental licensees or lessees of these
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0017| licensees may sell, serve or allow the consumption of beer and
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0018| wine with meals on licensed premises from noon until 10:00 p.m.
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0019| on Christmas day, except in a local option district in which,
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0020| pursuant to petition and election under this subsection, a
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0021| majority of the voters voting on the question votes against
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0022| continuing such sales or consumption on Christmas day. An
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0023| election shall be held on the question of whether to continue to
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0024| allow the sale, service or consumption of beer and wine with
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0025| meals on licensed premises from noon until 10:00 p.m. on
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0001| Christmas day in a local option district, if a petition
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0002| requesting the governing body of that district to call the
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0003| election is signed by at least ten percent of the registered
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0004| voters of the district and is filed with the clerk of the
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0005| governing body of the district. Upon verification by the clerk
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0006| that the petition contains the required number of signatures of
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0007| registered voters, the governing body shall adopt a resolution
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0008| calling an election on the question of allowing the sale,
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0009| service or consumption of beer and wine with meals on licensed
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0010| premises from noon until 10:00 p.m. on Christmas day. The
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0011| election shall be held within sixty days after the date the
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0012| petition is verified, or it may be held in conjunction with a
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0013| regular election of the governing body if that election occurs
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0014| within sixty days of such verification. The election shall be
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0015| called, conducted, counted and canvassed in substantially the
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0016| same manner as provided for general elections in the county
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0017| under the Election Code or for special municipal elections in a
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0018| municipality under the Municipal Election Code. If a majority
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0019| of the voters voting on the question votes against continuing
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0020| the sale, service or consumption of beer and wine with meals on
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0021| licensed premises from noon until 10:00 p.m. on Christmas day,
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0022| then such sales and consumption shall be prohibited. If a
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0023| majority of the voters voting on the question votes to allow
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0024| continued sale, service and consumption of beer and wine with
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0025| meals on licensed premises from noon until 10:00 p.m. on
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0001| Christmas day, then such sales and consumption shall be allowed
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0002| to continue. The question then shall not be submitted again to
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0003| the voters within two years of the date of the last election on
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0004| the question.
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0005| I. Notwithstanding the provisions of Subsection F of
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0006| this section, any Indian tribe or pueblo whose lands are wholly
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0007| situated within the state that has, by statute, ordinance or
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0008| resolution, elected to permit the sale, possession or
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0009| consumption of alcoholic beverages on lands within the
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0010| territorial boundaries of the tribe or pueblo may, by statute,
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0011| ordinance or resolution of the governing body of the Indian
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0012| tribe or pueblo, permit Sunday sales by the drink on the
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0013| licensed premises of licensees on lands within the territorial
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0014| boundaries of the tribe or pueblo; provided that a certified
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0015| copy of such enactment is filed with the office of the director
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0016| and of the secretary of state.
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0017| [J. Subject to the provisions of Subsection K of
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this section, a dispenser or retailer, upon payment of an
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additional fee of one hundred dollars ($100), may obtain a
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permit to sell alcoholic beverages in unbroken packages for
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consumption off the licensed premises on Sundays from 12:00 noon
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until midnight, and in those years when December 31 falls on a
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Sunday, from 12:00 noon on December 31 until 2:00 a.m. of the
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following day. The permit shall expire on June 30 of each year
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and may be renewed from year to year upon application for
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renewal and payment of the required fee. The permit fee shall
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not be prorated. Sales made pursuant to the provisions of this
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subsection shall be called "Sunday package sales".
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K. If a petition requesting the governing body of a
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local option district to call an election on the question of
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continuing to allow sales of alcoholic beverages in unbroken
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packages for consumption off the licensed premises on Sundays is
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filed with the clerk of the governing body and that petition is
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signed by at least ten percent of the number of registered
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voters of the local option district and the clerk of the
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governing body verifies the petition signatures, the governing
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body shall adopt a resolution calling an election on the
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question. The election shall be held within sixty days of the
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date the petition is verified, or it may be held in conjunction
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with a regular election of the governing body, if the regular
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election occurs within sixty days of the petition verification.
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The election shall be called, conducted, counted and canvassed
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substantially in the manner provided by law for general
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elections within a county or special municipal elections within
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a municipality. If a majority of the voters of the local option
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district voting in the election votes to allow the sale of
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alcoholic beverages in unbroken packages for consumption off the
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licensed premises, then those sales shall continue to be
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allowed. If a majority of the voters of the local option
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district voting in the election votes not to allow the Sunday
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sales, then those Sunday sales shall be prohibited commencing
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the first Sunday after the results of the election are
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certified. Following the election, the question of allowing the
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Sunday sales shall not be submitted again to the voters within
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two years of the date of the last election on the question.]"
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0006| Section 2. EFFECTIVE DATE.--The effective date of the
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0007| provisions of this act is July 1, 1996.
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0008|
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0009|
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0010|
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0012|
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0013|
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0014|
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0015|
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0016| FORTY-SECOND LEGISLATURE
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0017| SECOND SESSION, 1996
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0018|
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0019|
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0020| JANUARY 24, 1996
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0021|
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0022| Mr. President:
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0023|
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0024| Your COMMITTEES' COMMITTEE, to whom has been referred
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0025|
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0001| SENATE BILL 244
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0002|
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0003| has had it under consideration and finds same to be GERMANE, PURSUANT
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0004| TO CONSTITUTIONAL PROVISIONS, and thence referred to the PUBLIC
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0005| AFFAIRS COMMITTEE.
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0006|
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0007| Respectfully submitted,
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0008|
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0009|
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0010|
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0011|
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0012| __________________________________
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0013| SENATOR MANNY M. ARAGON, Chairman
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0014|
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0015|
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0016|
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0017| Adopted_______________________ Not Adopted_______________________
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0018| (Chief Clerk) (Chief Clerk)
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0019|
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0020|
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0021| Date ________________________
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0022|
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0023|
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0024|
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0025| S0244CC1
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