0001|                            HOUSE BILL 52
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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|                           MIGUEL P. GARCIA
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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 ALCOHOLIC BEVERAGES; AMENDING THE LIQUOR CONTROL
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0012|     ACT TO PROHIBIT CERTAIN EVENTS FOR MINORS ON LICENSED PREMISES;
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0013|     PROVIDING PENALTIES.
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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 60-7B-10 NMSA 1978 (being Laws 1981,
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0017|     Chapter 39, Section 90, as amended) is amended to read:
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0018|          "60-7B-10.  MINORS IN LICENSED PREMISES--REGULATIONS.--
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0019|               A.  Any person licensed pursuant to the provisions
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0020|     of the Liquor Control Act or any employee, agent or lessee of
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0021|     that person who permits a minor to enter and remain in any area
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0022|     of a licensed premises that is prohibited to the use of minors
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0023|     is guilty of a violation of the Liquor Control Act.
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0024|               B.  A minor shall not enter or attempt to enter any
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0025|     area of a licensed premises that is posted or otherwise
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0001|     identified as being prohibited to the use of minors, except as
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0002|     authorized by regulation or as necessitated by an emergency.  A
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0003|     person who violates the provisions of this subsection is guilty
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0004|     of a petty misdemeanor and shall be punished pursuant to the
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0005|     provisions of Section 31-19-1 NMSA 1978.
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0006|               C.  The director of the alcohol and gaming division
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0007|     of the regulation and licensing department shall adopt
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0008|     regulations classifying the types of licensed premises or areas
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0009|     of licensed premises where minors may be present.  The director
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0010|     shall require that signs issued by the division be posted by
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0011|     licensees to inform the public, including minors, of the areas
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0012|     in licensed premises that are open to minors.  The regulations
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0013|     may allow minors in those areas of licensed premises where:
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0014|                    (1)  the consumption of alcoholic beverages is
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0015|     the primary activity, when a minor is accompanied by a parent,
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0016|     adult spouse or legal guardian; or
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0017|                    (2)  there is no consumption of alcoholic
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0018|     beverages.
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0019|               <u>D.  Notwithstanding the provisions of Subsection C
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<u></u>0020| <u>    of this section, it is a violation of the Liquor Control Act
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<u></u>0021| <u>    for a  person licensed pursuant to the provisions of the Liquor
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<u></u>0022| <u>    Control Act to conduct or permit to be conducted on licensed
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<u></u>0023| <u>    premises any teen dance, quinceaneras celebration, high school
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<u></u>0024| <u>    graduation party or other similar special event primarily
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<u></u>0025| <u>    directed to minors.  In addition to any other penalty, a person
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<u></u>0001| <u>    who violates the provisions of this subsection for the first
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<u></u>0002| <u>    time is guilty of a misdemeanor and upon conviction shall be
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<u></u>0003| <u>    sentenced in accordance with the provisions of Section 31-19-1
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<u></u>0004| <u>    NMSA 1978, and a person who is convicted for a second or
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<u></u>0005| <u>    subsequent time of a violation of this subsection is guilty of
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<u></u>0006| <u>    a fourth degree felony and shall be sentenced in accordance
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<u></u>0007| <u>    with the provisions of Section 31-18-15 NMSA 1978.</u>" 
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0008|                              
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