0001| HOUSE BILL 17 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| TED HOBBS | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO ALCOHOL; AUTHORIZING LOCAL OPTION ELECTIONS | 0012| REGARDING THE SALE OF ALCOHOLIC BEVERAGES FROM DRIVE-UP | 0013| WINDOWS; AMENDING A SECTION OF THE LIQUOR CONTROL ACT. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 60-7A-1 NMSA 1978 (being Laws 1981, | 0017| Chapter 39, Section 47, as amended) is amended to read: | 0018| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES-- | 0019| DRIVE-UP WINDOW SALES--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 | 0017| ($100), obtain a permit to sell, serve or permit the | 0018| consumption of alcoholic beverages by the drink on the licensed | 0019| premises on Sundays from 12:00 noon until midnight and in those | 0020| years when December 31 falls on a Sunday, from 12:00 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, | 0008| general election, elections for officers of a municipality or | 0009| any other election as prescribed by the rules and regulations | 0010| of the director. | 0011| E. Retailers, dispensers, canopy licensees that | 0012| were replaced by dispenser's licensees pursuant to Section | 0013| 60-6B-16 NMSA 1978, restaurant licensees, club licensees and | 0014| governmental licensees or its lessees shall not sell, serve, | 0015| deliver or allow the consumption of alcoholic beverages on the | 0016| licensed premises from 2:00 a.m. on Christmas day until 7:00 | 0017| a.m. on the day after Christmas, except as permitted pursuant | 0018| to Subsection H of this 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 | 0022| beverages by the drink for consumption on the licensed premises | 0023| of licensees be allowed in this local option district?". If | 0024| the secretary of state determines a need, he may authorize the | 0025| use of paper ballots for the purpose of the election provided | 0001| for pursuant to this subsection. Until such election, Sunday | 0002| sales shall be permitted on the same basis in any local option | 0003| district as provided under any former act, and the election | 0004| held at the first general election following the effective date | 0005| of the Liquor Control Act shall have no effect on whether | 0006| Sunday sales are permitted in any local option district. If | 0007| the question is disapproved by a majority of those voting upon | 0008| the question in the local option district, Sunday sales shall | 0009| be unlawful in that local option district upon certification of | 0010| the election returns, and the question shall not again be | 0011| placed on 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 | 0019| the petition shall be verified by the clerk of the county in | 0020| which the local option district is situated. | 0021| G. The local governing body of a local option | 0022| district [in an eligible county] shall: | 0023| (1) adopt a resolution within [sixty] | 0024| ninety days of [April 7, 1989] July 1, 1997 calling for | 0025| an election to place on the ballot the question "Shall a | 0001| retailer or dispenser be allowed to sell or deliver alcoholic | 0002| beverages at any time from a drive-up window?"; | 0003| (2) arrange for the election to be held | 0004| [within sixty days after the date the resolution is adopted] | 0005| in conjunction with the next regular election of the governing | 0006| body or the next statewide general election following adoption | 0007| of the resolution; and | 0008| (3) ensure that the election is called, | 0009| conducted, counted and canvassed in the manner provided by law | 0010| for elections within the county. | 0011| [As used in this subsection, "eligible county" means any | 0012| county that, according to motor vehicle statistics reported to | 0013| the state highway and transportation department during the | 0014| years 1985 and 1986, convicted more than twenty-five persons | 0015| for each one thousand licensed drivers of driving while | 0016| intoxicated offenses.] | 0017| H. On and after July 1, 1989, dispensers, canopy | 0018| licensees that were replaced by dispenser's licensees pursuant | 0019| to Section 60-6B-16 NMSA 1978, restaurant licensees, club | 0020| licensees and governmental licensees or lessees of these | 0021| licensees may sell, serve or allow the consumption of beer and | 0022| wine with meals on licensed premises from noon until 10:00 p.m. | 0023| on Christmas day, except in a local option district in which, | 0024| pursuant to petition and election under this subsection, a | 0025| majority of the voters voting on the question votes against | 0001| continuing such sales or consumption on Christmas day. An | 0002| election shall be held on the question of whether to continue | 0003| to allow the sale, service or consumption of beer and wine with | 0004| meals on licensed premises from noon until 10:00 p.m. on | 0005| Christmas day in a local option district, if a petition | 0006| requesting the governing body of that district to call the | 0007| election is signed by at least ten percent of the registered | 0008| voters of the district and is filed with the clerk of the | 0009| governing body of the district. Upon verification by the clerk | 0010| that the petition contains the required number of signatures of | 0011| registered voters, the governing body shall adopt a resolution | 0012| calling an election on the question of allowing the sale, | 0013| service or consumption of beer and wine with meals on licensed | 0014| premises from noon until 10:00 p.m. on Christmas day. The | 0015| election shall be held within sixty days after the date the | 0016| petition is verified, or it may be held in conjunction with a | 0017| regular election of the governing body if that election occurs | 0018| within sixty days of such verification. The election shall be | 0019| called, conducted, counted and canvassed in substantially the | 0020| same manner as provided for general elections in the county | 0021| under the Election Code or for special municipal elections in a | 0022| municipality under the Municipal Election Code. If a majority | 0023| of the voters voting on the question votes against continuing | 0024| the sale, service or consumption of beer and wine with meals on | 0025| licensed premises from noon until 10:00 p.m. on Christmas day, | 0001| then such sales and consumption shall be prohibited. If a | 0002| majority of the voters voting on the question votes to allow | 0003| continued sale, service and consumption of beer and wine with | 0004| meals on licensed premises from noon until 10:00 p.m. on | 0005| Christmas day, then such sales and consumption shall be allowed | 0006| to continue. The question then shall not be submitted again to | 0007| the voters within two years of the date of the last election on | 0008| the question. | 0009| I. Notwithstanding the provisions of Subsection F | 0010| of this section, any Indian tribe or pueblo whose lands are | 0011| wholly situated within the state that has, by statute, | 0012| ordinance or resolution, elected to permit the sale, possession | 0013| or consumption of alcoholic beverages on lands within the | 0014| territorial boundaries of the tribe or pueblo may, by statute, | 0015| ordinance or resolution of the governing body of the Indian | 0016| tribe or pueblo, permit Sunday sales by the drink on the | 0017| licensed premises of licensees on lands within the territorial | 0018| boundaries of the tribe or pueblo; provided that a certified | 0019| copy of such enactment is filed with the office of the director | 0020| and of the secretary of state. | 0021| J. Subject to the provisions of Subsection K of | 0022| this section, a dispenser or retailer, upon payment of an | 0023| additional fee of one hundred dollars ($100), may obtain a | 0024| permit to sell alcoholic beverages in unbroken packages for | 0025| consumption off the licensed premises on Sundays from 12:00 | 0001| noon until midnight, and in those years when December 31 falls | 0002| on a Sunday, from 12:00 noon on December 31 until 2:00 a.m. of | 0003| the following day. The permit shall expire on June 30 of each | 0004| year and may be renewed from year to year upon application for | 0005| renewal and payment of the required fee. The permit fee shall | 0006| not be 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 | 0012| is filed with the clerk of the governing body and that petition | 0013| is 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 | 0025| option district voting in the election votes to allow the sale | 0001| of alcoholic beverages in unbroken packages for consumption off | 0002| the 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| package sales, then those Sunday package sales shall be | 0006| prohibited commencing the first Sunday after the results of the | 0007| election are certified. Following the election, the question | 0008| of allowing the Sunday package sales shall not be submitted | 0009| again to the voters within two years of the date of the last | 0010| election on the question." | 0011| Section 2. EFFECTIVE DATE.--The effective date of the | 0012| provisions of this act is July 1, 1997. | 0013|  | 0014| | 0015| | 0016| | 0017| | 0018| State of New Mexico | 0019| House of Representatives | 0020| | 0021| FORTY-THIRD LEGISLATURE | 0022| FIRST SESSION, 1997 | 0023| | 0024| | 0025| February 6, 1997 | 0001| | 0002| Mr. Speaker: | 0003| | 0004| Your BUSINESS AND INDUSTRY COMMITTEE, to whom | 0005| has been referred | 0006| | 0007| HOUSE BILL 17 | 0008| | 0009| has had it under consideration and reports same with | 0010| recommendation that it DO PASS, amended as follows: | 0011| | 0012| 1. On page 1, line 13, after "ACT" insert "; PROVIDING FOR | 0013| COMPENSATION". | 0014| | 0015| 2. On page 9, between lines 9 and 10, insert the following: | 0016| | 0017| "Section 2. [NEW MATERIAL] COMPENSATION FOR MANDATORY | 0018| DRIVE-UP WINDOW CLOSURE--PROCESS.-- | 0019| | 0020| A. The governing body of a local option district | 0021| shall prohibit sales or delivery of alcoholic beverages through a | 0022| drive-up window of a licensee if the majority of the registered | 0023| qualified electors in the local option district voting on the | 0024| question "Shall a retailer or dispenser be allowed to sell or | 0025| deliver alcoholic beverages at any time from a drive-up window?" | 0001| voted against allowing sales or deliveries of alcoholic beverages | 0002| from a drive-up window. | 0003| | 0004| B. Any licensee claiming to be damaged due to the | 0005| closure of his drive-up window shall petition the governing body | 0006| of the local option district for a hearing to determine the loss | 0007| if any he has suffered as a direct result of the closure of the | 0008| drive-up window. | 0009| | 0010| C. The local governing body shall appoint a hearing | 0011| officer to make a record of the damages claimed by the licensee | 0012| and comments from the general public in favor of or in opposition | 0013| to the claims of the licensee. | 0014| | 0015| D. The governing body shall make a determination | 0016| based on the record regarding whether the evidence presented | 0017| showed that the licensee was damaged by the drive-up window | 0018| closure. | 0019| | 0020| E. Upon a finding by the governing body that the | 0021| licensee was damaged, and the damage was a direct result of the | 0022| mandatory closure of the licensee's drive-up window, the local | 0023| governing body and the licensee, or their representatives, shall | 0024| determine an equitable level of compensation due to the licensee. | 0025| | 0001| F. If no agreement can be reached through negotiation | 0002| between the parties or if a determination made by the governing | 0003| body regarding whether the licensee was damaged by closure of the | 0004| drive-up window is challenged by the licensee, the parties shall | 0005| submit to mediation to determine a level of compensation due to | 0006| the licensee. The mediator shall be agreed upon and the costs of | 0007| the mediation shall be borne equally by both parties. | 0008| | 0009| G. If mediation does not result in an agreement | 0010| regarding compensation due to the licensee, either party may | 0011| petition the district court in which the local option district is | 0012| located to determine an equitable level of compensation due to | 0013| the licensee. The court shall base its determination in part on | 0014| the record of the hearing held pursuant to the provisions of this | 0015| section and on the record of the determination made by the | 0016| governing body finding that compensation was or was not due to | 0017| the licensee. The court may hear additional testimony from the | 0018| parties to determine a compensation level. | 0019| | 0020| H. The governing body of the local option district | 0021| shall be liable for payment of the full compensation to a | 0022| licensee determined pursuant to the provisions of this section.". | 0023| | 0024| 3. Renumber the succeeding section accordingly., | 0025| | 0001| and thence referred to the JUDICIARY COMMITTEE. | 0002| | 0003| The roll call vote on Amendment #2 was 11 For 1 Against | 0004| Yes: 11 | 0005| No: Chavez | 0006| Excused: Olguin | 0007| Absent: None | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| Fred Luna, Chairman | 0016| | 0017| Adopted Not Adopted | 0018| | 0019| (Chief Clerk) (Chief Clerk) | 0020| | 0021| Date | 0022| | 0023| The roll call vote was 12 For 0 Against | 0024| Yes: 12 | 0025| Excused: Olguin | 0001| Absent: None | 0002| | 0003| | 0004| .115897.2 | 0005| G:\BILLTEXT\BILLW_97\H0017 State of New Mexico | 0006| House of Representatives | 0007| | 0008| FORTY-THIRD LEGISLATURE | 0009| FIRST SESSION, 1997 | 0010| | 0011| | 0012| February 17, 1997 | 0013| | 0014| | 0015| Mr. Speaker: | 0016| | 0017| Your JUDICIARY COMMITTEE, to whom has been referred | 0018| | 0019| HOUSE BILL 17 | 0020| | 0021| has had it under consideration and reports same with | 0022| recommendation that it DO PASS, amended as follows: | 0023| | 0024| 1. Strike House Business and Industry amendments 1-3. | 0025| | 0001| | 0002| 2. On page 4, line 21, strike "shall" and insert in lieu | 0003| thereof "may". | 0004| | 0005| 3. On page 4, lines 22 through 23, strike "within ninety | 0006| days of July, 1997" and insert in lieu thereof "on or before July | 0007| 1, 1999,". | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| Thomas P. Foy, Chairman | 0016| | 0017| | 0018| Adopted Not Adopted | 0019| | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| Date | 0023| | 0024| The roll call vote was 8 For 1 Against | 0025| Yes: 8 | 0001| No: Foy | 0002| Excused: Luna, Rios, Sanchez, Stewart | 0003| Absent: None | 0004| | 0005| | 0006| | 0007| G:\BILLTEXT\BILLW_97\H0017 | 0008| | 0009| FORTY-THIRD LEGISLATURE | 0010| FIRST SESSION, 1997 | 0011| | 0012| | 0013| March 14, 1997 | 0014| | 0015| Mr. President: | 0016| | 0017| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0018| referred | 0019| | 0020| HOUSE BILL 17, as amended | 0021| | 0022| has had it under consideration and reports same with | 0023| recommendation that it DO PASS, and thence referred to the | 0024| JUDICIARY COMMITTEE. | 0025| | 0001| Respectfully submitted, | 0002| | 0003| | 0004| | 0005| | 0006| __________________________________ | 0007| Shannon Robinson, Chairman | 0008| | 0009| | 0010| | 0011| Adopted_______________________ Not | 0012| Adopted_______________________ | 0013| (Chief Clerk) (Chief Clerk) | 0014| | 0015| | 0016| Date ________________________ | 0017| | 0018| | 0019| The roll call vote was 5 For 3 Against | 0020| Yes: 5 | 0021| No: Garcia, Ingle, Rodarte | 0022| Excused: Smith | 0023| Absent: None | 0024| | 0025| | 0001| | 0002| | 0003| H0017PA1 | 0004| | 0005| | 0006| | 0007| FORTY-THIRD LEGISLATURE | 0008| FIRST SESSION, 1997 | 0009| | 0010| | 0011| March 17, 1997 | 0012| | 0013| Mr. President: | 0014| | 0015| Your JUDICIARY COMMITTEE, to whom has been referred | 0016| | 0017| HOUSE BILL 17, as amended | 0018| | 0019| has had it under consideration and reports same with | 0020| recommendation that it DO PASS, and thence referred to the | 0021| FINANCE COMMITTEE. | 0022| | 0023| Respectfully submitted, | 0024| | 0025| | 0001| | 0002| | 0003| __________________________________ | 0004| Fernando R. Macias, Chairman | 0005| | 0006| | 0007| | 0008| Adopted_______________________ Not | 0009| Adopted_______________________ | 0010| (Chief Clerk) (Chief Clerk) | 0011| | 0012| | 0013| Date ________________________ | 0014| | 0015| | 0016| The roll call vote was 7 For 0 Against | 0017| Yes: 7 | 0018| No: 0 | 0019| Excused: Stockard | 0020| Absent: None | 0021| | 0022| | 0023| H0017JU1 | 0024| | 0025| FORTY-THIRD LEGISLATURE | 0001| FIRST SESSION | 0002| | 0003| | 0004| March 16, 1997 | 0005| | 0006| | 0007| SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 17, as | 0008| amended | 0009| | 0010| Amendment sponsored by Senator Manny M. Aragon | 0011| | 0012| | 0013| 1. Strike House Judiciary Committee Amendments 2 and 3. | 0014| | 0015| 2. On page 1, lines 11 and 12, strike "AUTHORIZING LOCAL | 0016| OPTION ELECTIONS REGARDING" and insert in lieu thereof | 0017| "PROHIBITING". | 0018| | 0019| 3. On page 1, line 12, after the semicolon insert "CREATING | 0020| COMPENSATING LICENSES;". | 0021| | 0022| 4. On page 1, line 13, strike "A SECTION" and insert in | 0023| lieu thereof "AND ENACTING SECTIONS". | 0024| | 0025| 5. On pages 1 through 9, strike Section 1 in its entirety | 0001| and insert in lieu thereof the following: | 0002| | 0003| "Section 1. A new section of the Liquor Control Act is | 0004| enacted to read: | 0005| | 0006| "[NEW MATERIAL] COMPENSATING LICENSES.-- | 0007| | 0008| A. Beginning January 1, 1998 the sale or delivery of | 0009| alcoholic beverages through a drive-up window of a licensee is | 0010| prohibited. | 0011| | 0012| B. A licensee whose sales or deliveries of alcoholic | 0013| beverages from his licensed premises prior to January 1, 1998 are | 0014| conducted through his drive-up window may apply by July 1, 1998 | 0015| to the director for a compensating license. | 0016| | 0017| C. A compensating license: | 0018| | 0019| (1) permits the licensee to sell alcoholic | 0020| beverages in unbroken packages for consumption off premises | 0021| except if issued to a hotel as provided in this section; | 0022| | 0023| (2) may be reserved in the name of a licensee | 0024| qualified to receive a compensating license for no longer than | 0025| thirty-six months following the date that the licensee applies | 0001| for the compensating license, but the compensating license shall | 0002| be voided and shall not be issued to any person if no license | 0003| application has been made identifying the proposed premises for | 0004| which the compensating license will be used within that thirty- | 0005| six month period; | 0006| | 0007| (3) may be sold or transferred to a second owner | 0008| or transferred to a new premises only one time after an | 0009| application has been made to reserve the compensating license and | 0010| may be located in any local option district in the state, | 0011| notwithstanding the quota provisions of the Liquor Control Act; | 0012| | 0013| (4) is subject to all administrative processes | 0014| required by the Liquor Control Act to locate a new license in a | 0015| local option district; and | 0016| | 0017| (5) if issued or sold to a hotel, may be converted | 0018| to a dispenser's license without the package sale privileges, but | 0019| may not be transferred from the licensed premises for which the | 0020| conversion was made. | 0021| | 0022| D. The director shall not charge a license fee for a | 0023| compensating license while it is held in reserve for a licensee. | 0024| A license fee shall be due and payable by the new licensee when | 0025| the license is sold or transferred to a new owner or when the | 0001| licensee opens a licensed premises pursuant to the compensating | 0002| license. | 0003| | 0004| E. As used in this section, "compensating license" | 0005| means a retailer's license or in some limited cases, a | 0006| dispenser's license, that is reserved for or issued to a licensee | 0007| by the department to compensate that licensee for the loss he may | 0008| suffer when required to permanently close a drive-up window and | 0009| cease selling or delivering alcoholic beverages through that | 0010| drive-up window on January 1, 1998." | 0011| | 0012| Section 2. Section 60-6A-15 NMSA 1978 (being Laws 1981, | 0013| Chapter 39, Section 32, as amended) is amended to read: | 0014| | 0015| "60-6A-15. LICENSE FEES.--Every application for the | 0016| issuance or annual renewal of the following licenses shall be | 0017| accompanied by a license fee in the following specified amounts: | 0018| | 0019| A. manufacturer's license as a distiller, except a | 0020| brandy manufacturer, three thousand dollars ($3,000); | 0021| | 0022| B. manufacturer's license as a brewer, three thousand | 0023| dollars ($3,000); | 0024| | 0025| C. manufacturer's license as a rectifier, one thousand | 0001| fifty dollars ($1,050); | 0002| | 0003| D. wholesaler's license to sell all alcoholic beverages | 0004| for resale only, two thousand five hundred dollars ($2,500); | 0005| | 0006| E. wholesaler's license to sell spirituous liquors and | 0007| wine for resale only, one thousand seven hundred fifty dollars | 0008| ($1,750); | 0009| | 0010| F. wholesaler's license to sell spirituous liquors for | 0011| resale only, one thousand five hundred dollars ($1,500); | 0012| | 0013| G. wholesaler's license to sell beer and wine for | 0014| resale only, one thousand five hundred dollars ($1,500); | 0015| | 0016| H. wholesaler's license to sell beer for resale only, | 0017| one thousand dollars ($1,000); | 0018| | 0019| I. wholesaler's license to sell wine for resale only, | 0020| seven hundred fifty dollars ($750); | 0021| | 0022| J. retailer's license, one thousand two hundred fifty | 0023| dollars ($1,250); | 0024| | 0025| K. dispenser's license, one thousand two hundred fifty | 0001| dollars ($1,250); | 0002| | 0003| L. canopy license, one thousand two hundred fifty | 0004| dollars ($1,250); | 0005| | 0006| M. restaurant license, one thousand dollars ($1,000); | 0007| | 0008| N. club license, one thousand two hundred fifty dollars | 0009| ($1,250); | 0010| | 0011| O. wine bottler's license to sell to wholesalers only, | 0012| five hundred dollars ($500); | 0013| | 0014| P. public service license, one thousand two hundred | 0015| fifty dollars ($1,250); | 0016| | 0017| Q. nonresident licenses, for a total billing to New | 0018| Mexico wholesalers in excess of: | 0019| | 0020| $3,000,000 annually. . . . . . . . . . . . . . . $3,500; | 0021| 1,000,000 annually. . . . . . . . . . . . . . . 1,750; | 0022| 500,000 annually. . . . . . . . . . . . . . . 1,250; | 0023| 200,000 annually. . . . . . . . . . . . . . . 900; | 0024| 100,000 annually. . . . . . . . . . . . . . . 600; and | 0025| 50,000 or less annually. . . . . . . . . . . 300; | 0001| | 0002| R. wine wholesaler's license, for persons with sales of | 0003| five thousand gallons of wine per year or less, twenty-five | 0004| dollars ($25.00), and for persons with sales in excess of five | 0005| thousand gallons of wine per year, one hundred dollars ($100); | 0006| [and] | 0007| | 0008| S. beer bottler's license, two hundred dollars ($200); | 0009| and | 0010| | 0011| | 0012| T. compensating license, one thousand two hundred | 0013| fifty dollars ($1,250)."". | 0014| | 0015| 6. Renumber the succeeding section accordingly. | 0016| | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| __________________________ | 0023| Manny M. Aragon | 0024| | 0025| | 0001| | 0002| Adopted ___________________ Not Adopted _______________________ | 0003| (Chief Clerk) (Chief Clerk) | 0004| | 0005| | 0006| Date _________________ | 0007| FORTY-THIRD LEGISLATURE | 0008| FIRST SESSION, 1997 | 0009| | 0010| | 0011| | 0012| October 23, 1997 | 0013| | 0014| | 0015| SENATE FLOOR AMENDMENT number to HOUSE BILL 17 | 0016| | 0017| AMENDMENT sponsored by SENATOR VERNON | 0018| | 0019| 1. On page 9, between lines 9 and 10 insert: | 0020| | 0021| "If any part or application of this act is held invalid, the | 0022| remainder or its application to other situations or persons shall | 0023| not be affected.". | 0024| | 0025| | 0001| | 0002| | 0003| | 0004| | 0005| Senator L. Skip Vernon | 0006| | 0007| | 0008| | 0009| Adopted Not Adopted | 0010| | 0011| (Chief Clerk) | 0012| (Chief Clerk) | 0013| | 0014| | 0015| Date | 0016| | 0017| | 0018| | 0019| H0017FS2 | 0020| | 0021| FORTY-THIRD LEGISLATURE | 0022| FIRST SESSION | 0023| | 0024| | 0025| March 22, 1997 | 0001| | 0002| Mr. President: | 0003| | 0004| Your CONFERENCE COMMITTEE, to whom has been referred | 0005| | 0006| | 0007| HOUSE BILL 17, as amended | 0008| | 0009| | 0010| has had it under consideration and reports same with the | 0011| following recommendations: | 0012| | 0013| 1. The following House Judiciary Committee amendments be | 0014| APPROVED: | 0015| | 0016| Nos. 1, 2 and 3. | 0017| | 0018| 2. The following items of Senate Floor Amendment 1 be | 0019| APPROVED: | 0020| | 0021| Items 3 and 4. | 0022| | 0023| 3. The following items of Senate Floor Amendment 1 be | 0024| DISAPPROVED: | 0025| | 0001| Items 1, 2, 5 and 6. | 0002| | 0003| 4. Senate Floor Amendment 2 be DISAPPROVED. | 0004| | 0005| and that the bill be amended further as follows: | 0006| | 0007| 5. On page 9, between lines 9 and 10, insert the following | 0008| new sections: | 0009| | 0010| "Section 2. A new section of the Liquor Control Act is | 0011| enacted to read: | 0012| | 0013| "[NEW MATERIAL] COMPENSATING LICENSES.-- | 0014| | 0015| A. A licensee whose sales or deliveries of alcoholic | 0016| beverages from his licensed premises as of March 21, 1997 are | 0017| conducted through his drive-up window may apply to the director | 0018| for a compensating license within ninety days of the results of a | 0019| local option election that results in the prohibition of the sale | 0020| of alcoholic beverages from drive-up windows within the local | 0021| option district. | 0022| | 0023| B. A licensee whose sales or deliveries of alcoholic | 0024| beverages from his licensed premises as of March 21, 1997 are | 0025| conducted through his drive-up window and who voluntarily closes | 0001| his drive-up window may apply to the director for a compensating | 0002| license on or before July 1, 1999. | 0003| | 0004| C. A compensating license: | 0005| | 0006| (1) permits the licensee to sell alcoholic | 0007| beverages in unbroken packages for consumption off premises; | 0008| | 0009| (2) may be reserved in the name of a licensee | 0010| qualified to receive a compensating license for no longer than | 0011| thirty-six months following the date that the licensee applies | 0012| for the compensating license, but the compensating license shall | 0013| be voided and shall not be issued to any person if no license | 0014| application has been made identifying the proposed premises for | 0015| which the compensating license will be used within that thirty- | 0016| six month period; | 0017| | 0018| | 0019| (3) may be sold or transferred to a second owner | 0020| or transferred to a new premises only one time after an | 0021| application has been made to reserve the compensating license and | 0022| may be located in any local option district in the state, | 0023| notwithstanding the quota provisions of the Liquor Control Act; | 0024| and | 0025| | 0001| (4) is subject to all administrative processes | 0002| required by the Liquor Control Act to locate a new license in a | 0003| local option district. | 0004| | 0005| D. The director shall not charge a license fee for a | 0006| compensating license while it is held in reserve for a licensee. | 0007| A license fee shall be due and payable by the new licensee when | 0008| the license is sold or transferred to a new owner or when the | 0009| licensee opens a licensed premises pursuant to the compensating | 0010| license. | 0011| | 0012| E. As used in this section, "compensating license" | 0013| means a retailer's license that is reserved for or issued to a | 0014| licensee by the department to compensate that licensee for the | 0015| loss he may suffer as a result of a local option election that | 0016| results in the prohibition of the sale of alcoholic beverages | 0017| from his drive-up window in the local option district." | 0018| | 0019| Section 3. Section 60-6A-15 NMSA 1978 (being Laws 1981, | 0020| Chapter 39, Section 32, as amended) is amended to read: | 0021| | 0022| "60-6A-15. LICENSE FEES.--Every application for the | 0023| issuance or annual renewal of the following licenses shall be | 0024| accompanied by a license fee in the following specified amounts: | 0025| | 0001| A. manufacturer's license as a distiller, except a | 0002| brandy manufacturer, three thousand dollars ($3,000); | 0003| | 0004| B. manufacturer's license as a brewer, three thousand | 0005| dollars ($3,000); | 0006| | 0007| C. manufacturer's license as a rectifier, one thousand | 0008| fifty dollars ($1,050); | 0009| | 0010| D. wholesaler's license to sell all alcoholic beverages | 0011| for resale only, two thousand five hundred dollars ($2,500); | 0012| | 0013| E. wholesaler's license to sell spirituous liquors and | 0014| wine for resale only, one thousand seven hundred fifty dollars | 0015| ($1,750); | 0016| | 0017| F. wholesaler's license to sell spirituous liquors for | 0018| resale only, one thousand five hundred dollars ($1,500); | 0019| | 0020| G. wholesaler's license to sell beer and wine for | 0021| resale only, one thousand five hundred dollars ($1,500); | 0022| | 0023| H. wholesaler's license to sell beer for resale only, | 0024| one thousand dollars ($1,000); | 0025| | 0001| I. wholesaler's license to sell wine for resale only, | 0002| seven hundred fifty dollars ($750); | 0003| | 0004| J. retailer's license, one thousand two hundred fifty | 0005| dollars ($1,250); | 0006| | 0007| K. dispenser's license, one thousand two hundred fifty | 0008| dollars ($1,250); | 0009| | 0010| L. canopy license, one thousand two hundred fifty | 0011| dollars ($1,250); | 0012| | 0013| M. restaurant license, one thousand dollars ($1,000); | 0014| | 0015| N. club license, one thousand two hundred fifty dollars | 0016| ($1,250); | 0017| | 0018| O. wine bottler's license to sell to wholesalers only, | 0019| five hundred dollars ($500); | 0020| | 0021| P. public service license, one thousand two hundred | 0022| fifty dollars ($1,250); | 0023| | 0024| Q. nonresident licenses, for a total billing to New | 0025| Mexico wholesalers in excess of: | 0001| | 0002| $3,000,000 annually. . . . . . . . . . . . . . . $3,500; | 0003| 1,000,000 annually. . . . . . . . . . . . . . . 1,750; | 0004| 500,000 annually. . . . . . . . . . . . . . . 1,250; | 0005| 200,000 annually. . . . . . . . . . . . . . . 900; | 0006| 100,000 annually. . . . . . . . . . . . . . . 600; and | 0007| 50,000 or less annually. . . . . . . . . . . 300; | 0008| | 0009| R. wine wholesaler's license, for persons with sales of | 0010| five thousand gallons of wine per year or less, twenty-five | 0011| dollars ($25.00), and for persons with sales in excess of five | 0012| thousand gallons of wine per year, one hundred dollars ($100); | 0013| [and] | 0014| | 0015| S. beer bottler's license, two hundred dollars ($200); | 0016| and | 0017| | 0018| T. compensating license, one thousand two hundred | 0019| fifty dollars ($1,250)." | 0020| | 0021| Section 4. SEVERABILITY.--If any part or application of | 0022| this act is held invalid, the remainder or its application to | 0023| other situations or persons shall not be affected.". | 0024| | 0025| 6. Renumber the succeeding section accordingly. | 0001| | 0002| | 0003| | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| Adopted___________________ Not Adopted___________________ | 0021| (Chief Clerk) (Chief Clerk) | 0022| | 0023| | 0024| | 0025| Date ______________ | 0001| | 0002| |