0001| HOUSE BILL 17
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| TED HOBBS
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0005|
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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| AN ACT
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0011| RELATING TO ALCOHOL; AUTHORIZING LOCAL OPTION ELECTIONS
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0012| REGARDING THE SALE OF ALCOHOLIC BEVERAGES FROM DRIVE-UP
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0013| WINDOWS; AMENDING A SECTION OF THE LIQUOR CONTROL ACT.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0017| Chapter 39, Section 47, as amended) is amended to read:
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0018| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES--
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0019| DRIVE-UP WINDOW SALES--CHRISTMAS DAY SALES--SUNDAY SALES FOR
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0020| CONSUMPTION OFF THE 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
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0017| ($100), obtain a permit to sell, serve or permit the
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0018| consumption of alcoholic beverages by the drink on the licensed
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0019| premises on Sundays from 12:00 noon until midnight and in those
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0020| years when December 31 falls on a Sunday, from 12:00 noon until
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0021| 2:00 a.m. of the following day, except as otherwise provided in
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0022| Subsection F of this section. The permit shall expire on June
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0023| 30 of each year and may be renewed from year to year upon
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0024| application for renewal and payment of the required fee. The
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0025| permit fee shall not be prorated. Sales made pursuant to this
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0001| subsection or Subsection I of this section shall be called
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0002| "Sunday sales".
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0003| D. Retailers, dispensers, canopy licensees,
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0004| restaurant licensees, club licensees and governmental licensees
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0005| or its lessees shall not sell, serve, deliver or allow the
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0006| consumption of alcoholic beverages on the licensed premises
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0007| during voting hours on the days of the primary election,
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0008| general election, elections for officers of a municipality or
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0009| any other election as prescribed by the rules and regulations
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0010| of the director.
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0011| E. Retailers, dispensers, canopy licensees that
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0012| were replaced by dispenser's licensees pursuant to Section
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0013| 60-6B-16 NMSA 1978, restaurant licensees, club licensees and
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0014| governmental licensees or its lessees shall not sell, serve,
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0015| deliver or allow the consumption of alcoholic beverages on the
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0016| licensed premises from 2:00 a.m. on Christmas day until 7:00
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0017| a.m. on the day after Christmas, except as permitted pursuant
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0018| to Subsection H of this section.
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0019| F. At the 1984 general election, the secretary of
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0020| state shall order placed on the ballot in each local option
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0021| district the question "Shall Sunday sales of alcoholic
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0022| beverages by the drink for consumption on the licensed premises
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0023| of licensees be allowed in this local option district?". If
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0024| the secretary of state determines a need, he may authorize the
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0025| use of paper ballots for the purpose of the election provided
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0001| for pursuant to this subsection. Until such election, Sunday
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0002| sales shall be permitted on the same basis in any local option
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0003| district as provided under any former act, and the election
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0004| held at the first general election following the effective date
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0005| of the Liquor Control Act shall have no effect on whether
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0006| Sunday sales are permitted in any local option district. If
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0007| the question is disapproved by a majority of those voting upon
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0008| the question in the local option district, Sunday sales shall
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0009| be unlawful in that local option district upon certification of
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0010| the election returns, and the question shall not again be
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0011| placed on the ballot in that local option district until:
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0012| (1) at least one year has passed; and
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0013| (2) a petition is filed with the local
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0014| governing body bearing the signatures of registered qualified
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0015| electors of the local option district equal in number to ten
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0016| percent of the number of votes cast and counted in the local
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0017| option district for governor in the last preceding general
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0018| election in which a governor was elected. The signatures on
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0019| the petition shall be verified by the clerk of the county in
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0020| which the local option district is situated.
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0021| G. The local governing body of a local option
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0022| district [in an eligible county] shall:
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0023| (1) adopt a resolution within [sixty]
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0024| ninety days of [April 7, 1989] July 1, 1997 calling for
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0025| an election to place on the ballot the question "Shall a
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0001| retailer or dispenser be allowed to sell or deliver alcoholic
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0002| beverages at any time from a drive-up window?";
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0003| (2) arrange for the election to be held
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0004| [within sixty days after the date the resolution is adopted]
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0005| in conjunction with the next regular election of the governing
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0006| body or the next statewide general election following adoption
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0007| of the resolution; and
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0008| (3) ensure that the election is called,
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0009| conducted, counted and canvassed in the manner provided by law
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0010| for elections within the county.
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0011| [As used in this subsection, "eligible county" means any
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0012| county that, according to motor vehicle statistics reported to
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0013| the state highway and transportation department during the
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0014| years 1985 and 1986, convicted more than twenty-five persons
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0015| for each one thousand licensed drivers of driving while
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0016| intoxicated offenses.]
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0017| H. On and after July 1, 1989, dispensers, canopy
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0018| licensees that were replaced by dispenser's licensees pursuant
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0019| to Section 60-6B-16 NMSA 1978, restaurant licensees, club
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0020| licensees and governmental licensees or lessees of these
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0021| licensees may sell, serve or allow the consumption of beer and
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0022| wine with meals on licensed premises from noon until 10:00 p.m.
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0023| on Christmas day, except in a local option district in which,
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0024| pursuant to petition and election under this subsection, a
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0025| majority of the voters voting on the question votes against
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0001| continuing such sales or consumption on Christmas day. An
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0002| election shall be held on the question of whether to continue
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0003| to allow the sale, service or consumption of beer and wine with
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0004| meals on licensed premises from noon until 10:00 p.m. on
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0005| Christmas day in a local option district, if a petition
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0006| requesting the governing body of that district to call the
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0007| election is signed by at least ten percent of the registered
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0008| voters of the district and is filed with the clerk of the
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0009| governing body of the district. Upon verification by the clerk
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0010| that the petition contains the required number of signatures of
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0011| registered voters, the governing body shall adopt a resolution
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0012| calling an election on the question of allowing the sale,
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0013| service or consumption of beer and wine with meals on licensed
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0014| premises from noon until 10:00 p.m. on Christmas day. The
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0015| election shall be held within sixty days after the date the
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0016| petition is verified, or it may be held in conjunction with a
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0017| regular election of the governing body if that election occurs
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0018| within sixty days of such verification. The election shall be
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0019| called, conducted, counted and canvassed in substantially the
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0020| same manner as provided for general elections in the county
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0021| under the Election Code or for special municipal elections in a
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0022| municipality under the Municipal Election Code. If a majority
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0023| of the voters voting on the question votes against continuing
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0024| the sale, service or consumption of beer and wine with meals on
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0025| licensed premises from noon until 10:00 p.m. on Christmas day,
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0001| then such sales and consumption shall be prohibited. If a
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0002| majority of the voters voting on the question votes to allow
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0003| continued sale, service and consumption of beer and wine with
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0004| meals on licensed premises from noon until 10:00 p.m. on
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0005| Christmas day, then such sales and consumption shall be allowed
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0006| to continue. The question then shall not be submitted again to
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0007| the voters within two years of the date of the last election on
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0008| the question.
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0009| I. Notwithstanding the provisions of Subsection F
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0010| of this section, any Indian tribe or pueblo whose lands are
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0011| wholly situated within the state that has, by statute,
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0012| ordinance or resolution, elected to permit the sale, possession
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0013| or consumption of alcoholic beverages on lands within the
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0014| territorial boundaries of the tribe or pueblo may, by statute,
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0015| ordinance or resolution of the governing body of the Indian
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0016| tribe or pueblo, permit Sunday sales by the drink on the
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0017| licensed premises of licensees on lands within the territorial
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0018| boundaries of the tribe or pueblo; provided that a certified
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0019| copy of such enactment is filed with the office of the director
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0020| and of the secretary of state.
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0021| J. Subject to the provisions of Subsection K of
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0022| this section, a dispenser or retailer, upon payment of an
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0023| additional fee of one hundred dollars ($100), may obtain a
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0024| permit to sell alcoholic beverages in unbroken packages for
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0025| consumption off the licensed premises on Sundays from 12:00
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0001| noon until midnight, and in those years when December 31 falls
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0002| on a Sunday, from 12:00 noon on December 31 until 2:00 a.m. of
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0003| the following day. The permit shall expire on June 30 of each
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0004| year and may be renewed from year to year upon application for
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0005| renewal and payment of the required fee. The permit fee shall
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0006| not be prorated. Sales made pursuant to the provisions of this
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0007| subsection shall be called "Sunday package sales".
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0008| K. If a petition requesting the governing body of a
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0009| local option district to call an election on the question of
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0010| continuing to allow sales of alcoholic beverages in unbroken
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0011| packages for consumption off the licensed premises on Sundays
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0012| is filed with the clerk of the governing body and that petition
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0013| is signed by at least ten percent of the number of registered
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0014| voters of the local option district and the clerk of the
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0015| governing body verifies the petition signatures, the governing
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0016| body shall adopt a resolution calling an election on the
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0017| question. The election shall be held within sixty days of the
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0018| date the petition is verified, or it may be held in conjunction
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0019| with a regular election of the governing body, if the regular
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0020| election occurs within sixty days of the petition verification.
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0021| The election shall be called, conducted, counted and canvassed
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0022| substantially in the manner provided by law for general
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0023| elections within a county or special municipal elections within
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0024| a municipality. If a majority of the voters of the local
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0025| option district voting in the election votes to allow the sale
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0001| of alcoholic beverages in unbroken packages for consumption off
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0002| the licensed premises, then those sales shall continue to be
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0003| allowed. If a majority of the voters of the local option
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0004| district voting in the election votes not to allow the Sunday
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0005| package sales, then those Sunday package sales shall be
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0006| prohibited commencing the first Sunday after the results of the
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0007| election are certified. Following the election, the question
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0008| of allowing the Sunday package sales shall not be submitted
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0009| again to the voters within two years of the date of the last
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0010| election on the question."
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0011| Section 2. EFFECTIVE DATE.--The effective date of the
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0012| provisions of this act is July 1, 1997.
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0013|
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0014|
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0015|
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0016|
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0017|
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0018| State of New Mexico
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0019| House of Representatives
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0020|
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0021| FORTY-THIRD LEGISLATURE
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0022| FIRST SESSION, 1997
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0023|
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0024|
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0025| February 6, 1997
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0001|
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0002| Mr. Speaker:
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0003|
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0004| Your BUSINESS AND INDUSTRY COMMITTEE, to whom
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0005| has been referred
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0006|
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0007| HOUSE BILL 17
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0008|
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0009| has had it under consideration and reports same with
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0010| recommendation that it DO PASS, amended as follows:
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0011|
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0012| 1. On page 1, line 13, after "ACT" insert "; PROVIDING FOR
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0013| COMPENSATION".
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0014|
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0015| 2. On page 9, between lines 9 and 10, insert the following:
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0016|
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0017| "Section 2. [NEW MATERIAL] COMPENSATION FOR MANDATORY
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0018| DRIVE-UP WINDOW CLOSURE--PROCESS.--
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0019|
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0020| A. The governing body of a local option district
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0021| shall prohibit sales or delivery of alcoholic beverages through a
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0022| drive-up window of a licensee if the majority of the registered
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0023| qualified electors in the local option district voting on 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 window?"
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0001| voted against allowing sales or deliveries of alcoholic beverages
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0002| from a drive-up window.
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0003|
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0004| B. Any licensee claiming to be damaged due to the
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0005| closure of his drive-up window shall petition the governing body
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0006| of the local option district for a hearing to determine the loss
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0007| if any he has suffered as a direct result of the closure of the
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0008| drive-up window.
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0009|
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0010| C. The local governing body shall appoint a hearing
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0011| officer to make a record of the damages claimed by the licensee
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0012| and comments from the general public in favor of or in opposition
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0013| to the claims of the licensee.
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0014|
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0015| D. The governing body shall make a determination
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0016| based on the record regarding whether the evidence presented
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0017| showed that the licensee was damaged by the drive-up window
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0018| closure.
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0019|
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0020| E. Upon a finding by the governing body that the
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0021| licensee was damaged, and the damage was a direct result of the
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0022| mandatory closure of the licensee's drive-up window, the local
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0023| governing body and the licensee, or their representatives, shall
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0024| determine an equitable level of compensation due to the licensee.
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0025|
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0001| F. If no agreement can be reached through negotiation
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0002| between the parties or if a determination made by the governing
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0003| body regarding whether the licensee was damaged by closure of the
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0004| drive-up window is challenged by the licensee, the parties shall
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0005| submit to mediation to determine a level of compensation due to
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0006| the licensee. The mediator shall be agreed upon and the costs of
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0007| the mediation shall be borne equally by both parties.
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0008|
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0009| G. If mediation does not result in an agreement
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0010| regarding compensation due to the licensee, either party may
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0011| petition the district court in which the local option district is
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0012| located to determine an equitable level of compensation due to
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0013| the licensee. The court shall base its determination in part on
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0014| the record of the hearing held pursuant to the provisions of this
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0015| section and on the record of the determination made by the
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0016| governing body finding that compensation was or was not due to
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0017| the licensee. The court may hear additional testimony from the
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0018| parties to determine a compensation level.
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0019|
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0020| H. The governing body of the local option district
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0021| shall be liable for payment of the full compensation to a
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0022| licensee determined pursuant to the provisions of this section.".
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0023|
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0024| 3. Renumber the succeeding section accordingly.,
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0025|
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0001| and thence referred to the JUDICIARY COMMITTEE.
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0002|
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0003| The roll call vote on Amendment #2 was 11 For 1 Against
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0004| Yes: 11
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0005| No: Chavez
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0006| Excused: Olguin
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0007| Absent: None
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012|
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0013|
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0014|
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0015| Fred Luna, Chairman
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0016|
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0017| Adopted Not Adopted
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0018|
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021| Date
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0022|
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0023| The roll call vote was 12 For 0 Against
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0024| Yes: 12
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0025| Excused: Olguin
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0001| Absent: None
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0002|
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0003|
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0004| .115897.2
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0005| G:\BILLTEXT\BILLW_97\H0017 State of New Mexico
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0006| House of Representatives
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0007|
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0008| FORTY-THIRD LEGISLATURE
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0009| FIRST SESSION, 1997
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0010|
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0011|
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0012| February 17, 1997
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0013|
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0014|
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0015| Mr. Speaker:
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0016|
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0017| Your JUDICIARY COMMITTEE, to whom has been referred
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0018|
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0019| HOUSE BILL 17
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0020|
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0021| has had it under consideration and reports same with
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0022| recommendation that it DO PASS, amended as follows:
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0023|
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0024| 1. Strike House Business and Industry amendments 1-3.
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0025|
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0001|
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0002| 2. On page 4, line 21, strike "shall" and insert in lieu
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0003| thereof "may".
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0004|
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0005| 3. On page 4, lines 22 through 23, strike "within ninety
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0006| days of July, 1997" and insert in lieu thereof "on or before July
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0007| 1, 1999,".
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012|
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0013|
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0014|
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0015| Thomas P. Foy, Chairman
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0016|
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0017|
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0018| Adopted Not Adopted
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0019|
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022| Date
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0023|
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0024| The roll call vote was 8 For 1 Against
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0025| Yes: 8
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0001| No: Foy
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0002| Excused: Luna, Rios, Sanchez, Stewart
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0003| Absent: None
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0004|
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0005|
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0006|
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0007| G:\BILLTEXT\BILLW_97\H0017
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0008|
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0009| FORTY-THIRD LEGISLATURE
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0010| FIRST SESSION, 1997
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0011|
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0012|
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0013| March 14, 1997
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0014|
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0015| Mr. President:
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0016|
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0017| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0018| referred
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0019|
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0020| HOUSE BILL 17, as amended
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0021|
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0022| has had it under consideration and reports same with
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0023| recommendation that it DO PASS, and thence referred to the
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0024| JUDICIARY COMMITTEE.
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0025|
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0001| Respectfully submitted,
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0002|
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0003|
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0004|
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0005|
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0006| __________________________________
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0007| Shannon Robinson, Chairman
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0008|
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0009|
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0010|
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0011| Adopted_______________________ Not
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0012| Adopted_______________________
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0013| (Chief Clerk) (Chief Clerk)
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0014|
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0015|
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0016| Date ________________________
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0017|
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0018|
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0019| The roll call vote was 5 For 3 Against
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0020| Yes: 5
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0021| No: Garcia, Ingle, Rodarte
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0022| Excused: Smith
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0023| Absent: None
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0024|
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0025|
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0001|
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0002|
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0003| H0017PA1
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0004|
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0005|
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0006|
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0007| FORTY-THIRD LEGISLATURE
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0008| FIRST SESSION, 1997
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0009|
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0010|
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0011| March 17, 1997
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0012|
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0013| Mr. President:
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0014|
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0015| Your JUDICIARY COMMITTEE, to whom has been referred
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0016|
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0017| HOUSE BILL 17, as amended
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS, and thence referred to the
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0021| FINANCE COMMITTEE.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002|
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0003| __________________________________
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0004| Fernando R. Macias, Chairman
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0005|
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0006|
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0007|
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0008| Adopted_______________________ Not
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0009| Adopted_______________________
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012|
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0013| Date ________________________
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0014|
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0015|
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0016| The roll call vote was 7 For 0 Against
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0017| Yes: 7
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0018| No: 0
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0019| Excused: Stockard
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0020| Absent: None
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0021|
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0022|
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0023| H0017JU1
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0024|
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0025| FORTY-THIRD LEGISLATURE
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0001| FIRST SESSION
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0002|
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0003|
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0004| March 16, 1997
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0005|
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0006|
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0007| SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 17, as
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0008| amended
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0009|
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0010| Amendment sponsored by Senator Manny M. Aragon
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0011|
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0012|
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0013| 1. Strike House Judiciary Committee Amendments 2 and 3.
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0014|
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0015| 2. On page 1, lines 11 and 12, strike "AUTHORIZING LOCAL
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0016| OPTION ELECTIONS REGARDING" and insert in lieu thereof
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0017| "PROHIBITING".
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0018|
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0019| 3. On page 1, line 12, after the semicolon insert "CREATING
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0020| COMPENSATING LICENSES;".
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0021|
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0022| 4. On page 1, line 13, strike "A SECTION" and insert in
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0023| lieu thereof "AND ENACTING SECTIONS".
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0024|
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0025| 5. On pages 1 through 9, strike Section 1 in its entirety
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0001| and insert in lieu thereof the following:
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0002|
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0003| "Section 1. A new section of the Liquor Control Act is
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0004| enacted to read:
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0005|
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0006| "[NEW MATERIAL] COMPENSATING LICENSES.--
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0007|
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0008| A. Beginning January 1, 1998 the sale or delivery of
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0009| alcoholic beverages through a drive-up window of a licensee is
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0010| prohibited.
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0011|
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0012| B. A licensee whose sales or deliveries of alcoholic
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0013| beverages from his licensed premises prior to January 1, 1998 are
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0014| conducted through his drive-up window may apply by July 1, 1998
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0015| to the director for a compensating license.
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0016|
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0017| C. A compensating license:
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0018|
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0019| (1) permits the licensee to sell alcoholic
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0020| beverages in unbroken packages for consumption off premises
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0021| except if issued to a hotel as provided in this section;
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0022|
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0023| (2) may be reserved in the name of a licensee
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0024| qualified to receive a compensating license for no longer than
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0025| thirty-six months following the date that the licensee applies
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0001| for the compensating license, but the compensating license shall
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0002| be voided and shall not be issued to any person if no license
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0003| application has been made identifying the proposed premises for
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0004| which the compensating license will be used within that thirty-
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0005| six month period;
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0006|
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0007| (3) may be sold or transferred to a second owner
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0008| or transferred to a new premises only one time after an
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0009| application has been made to reserve the compensating license and
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0010| may be located in any local option district in the state,
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0011| notwithstanding the quota provisions of the Liquor Control Act;
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0012|
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0013| (4) is subject to all administrative processes
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0014| required by the Liquor Control Act to locate a new license in a
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0015| local option district; and
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0016|
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0017| (5) if issued or sold to a hotel, may be converted
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0018| to a dispenser's license without the package sale privileges, but
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0019| may not be transferred from the licensed premises for which the
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0020| conversion was made.
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0021|
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0022| D. The director shall not charge a license fee for a
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0023| compensating license while it is held in reserve for a licensee.
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0024| A license fee shall be due and payable by the new licensee when
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0025| the license is sold or transferred to a new owner or when the
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0001| licensee opens a licensed premises pursuant to the compensating
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0002| license.
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0003|
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0004| E. As used in this section, "compensating license"
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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|
|