0001| HOUSE BILL 1066
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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| R. DAVID PEDERSON
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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 REGULATION AND LICENSING; PROVIDING FOR THE ALCOHOL
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0012| AND GAMING DIVISION; PROVIDING COVERAGE IN THE PERSONNEL ACT
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0013| FOR THE DIRECTOR OF THE ALCOHOL AND GAMING DIVISION; AMENDING
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0014| SECTIONS OF THE NMSA 1978.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 9-16-4 NMSA 1978 (being Laws 1983,
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0018| Chapter 297, Section 20, as amended) is amended to read:
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0019| "9-16-4. DEPARTMENT ESTABLISHED.--There is created in the
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0020| executive branch the "regulation and licensing department".
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0021| The department shall not be a cabinet department. The
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0022| department shall consist of but not be limited to [five]
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0023| six divisions as follows:
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0024| A. the administrative services division;
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0025| B. the construction industries division;
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0001| C. the financial institutions division;
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0002| D. the securities division; [and]
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0003| E. the manufactured housing division; and
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0004| F. the alcohol and gaming division."
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0005| Section 2. Section 9-16-7 NMSA 1978 (being Laws 1983,
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0006| Chapter 297, Section 23) is amended to read:
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0007| "9-16-7. DIVISION DIRECTORS.--The superintendent shall
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0008| appoint, with the approval of the governor, "directors" of the
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0009| divisions established within the department. The positions so
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0010| appointed are exempt from the Personnel Act, except for the
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0011| director of the alcohol and gaming division, who shall be
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0012| covered by the provisions of that act."
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0013| Section 3. Section 10-9-4 NMSA 1978 (being Laws 1961,
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0014| Chapter 240, Section 4, as amended) is amended to read:
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0015| "10-9-4. COVERAGE OF SERVICE.--The Personnel Act and the
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0016| service cover all state positions except:
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0017| A. officials elected by popular vote or appointed
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0018| to fill vacancies to elective offices;
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0019| B. members of boards and commissions and heads of
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0020| agencies appointed by the governor;
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0021| C. heads of agencies appointed by boards or
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0022| commissions;
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0023| D. directors of department divisions, except as
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0024| provided in Section 9-16-7 NMSA 1978;
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0025| E. those in educational institutions and in public
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0001| schools;
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0002| F. those employed by state institutions and by
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0003| state agencies providing educational programs and who are
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0004| required to hold valid certificates as certified school
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0005| instructors as defined in Section 22-1-2 NMSA 1978 issued by
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0006| the state board of education;
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0007| G. those in the governor's office;
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0008| H. those in the state militia or the commissioned
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0009| officers of the New Mexico state police division of the
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0010| department of public safety;
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0011| I. those in the judicial branch of government;
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0012| J. those in the legislative branch of government;
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0013| K. not more than two assistants and one secretary
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0014| in the office of each official listed in Subsections A, B and C
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0015| of this section, excluding members of boards and commissions in
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0016| Subsection B of this section;
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0017| L. those of a professional or scientific nature
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0018| which are temporary in nature;
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0019| M. those filled by patients or inmates in
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0020| charitable, penal or correctional institutions;
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0021| N. state employees if the personnel board in its
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0022| discretion decides that the position is one of policymaking;
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0023| and
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0024| O. disadvantaged youth under twenty-two years of
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0025| age regularly enrolled or to be enrolled in a secondary
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0001| educational institution approved by the state board of
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0002| education or in an accredited state institution of advanced
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0003| learning or vocational training and who are to be employed for
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0004| not more than seven hundred twenty hours during any calendar
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0005| year:
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0006| (1) the term "disadvantaged youth" shall be
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0007| defined for purposes of this exemption by regulation duly
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0008| promulgated by the board; and
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0009| (2) the board shall:
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0010| (a) require that all the criteria of
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0011| this subsection have been met;
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0012| (b) establish employment lists for the
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0013| certification of the highest-standing candidates to the
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0014| prospective employers; and
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0015| (c) establish the pay rates for such
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0016| employees."
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0017| Section 4. Section 60-3A-3 NMSA 1978 (being Laws 1981,
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0018| Chapter 39, Section 3, as amended) is amended to read:
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0019| "60-3A-3. DEFINITIONS.--As used in the Liquor Control
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0020| Act:
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0021| A. "alcoholic beverages" means distilled or
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0022| rectified spirits, potable alcohol, brandy, whiskey, rum, gin
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0023| and aromatic bitters bearing the federal internal revenue strip
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0024| stamps or any similar alcoholic beverage, including blended or
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0025| fermented beverages, dilutions or mixtures of one or more of
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0001| the foregoing containing more than one-half of one percent
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0002| alcohol, but excluding medicinal bitters;
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0003| B. "beer" means any alcoholic beverage obtained by
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0004| the fermentation of any infusion or decoction of barley, malt
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0005| and hops or other cereals in water, and includes porter, beer,
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0006| ale and stout;
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0007| C. "brewer" means any person who owns or operates a
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0008| business for the manufacture of beer;
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0009| D. "club" means:
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0010| (1) any nonprofit group, including an
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0011| auxiliary or subsidiary group, organized and operated under the
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0012| laws of this state with a membership of not less than fifty
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0013| members who pay membership dues at the rate of not less than
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0014| five dollars ($5.00) per year and who, under the constitution
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0015| and bylaws of the club, have all voting rights and full
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0016| membership privileges and which group is the owner, lessee or
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0017| occupant of premises used exclusively for club purposes and
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0018| which group the director finds:
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0019| (a) is operated solely for recreation,
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0020| social, patriotic, political, benevolent or athletic purposes;
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0021| and
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0022| (b) the proposed licensee has been
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0023| granted an exemption by the United States from the payment of
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0024| the federal income tax as a club under the provisions of
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0025| Section 501(a) of the Internal Revenue Code of 1954, as amended
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0001| or, if the applicant has not operated as a club for a
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0002| sufficient time to be eligible for the income tax exemption, it
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0003| must execute and file with the director a sworn letter of
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0004| intent declaring that it will, in good faith, apply for such
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0005| exemption as soon as it is eligible; or
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0006| (2) an airline passenger membership club
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0007| operated by an air common carrier which maintains or operates a
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0008| clubroom at an international airport terminal. For the
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0009| purposes of this paragraph, "air common carrier" means a person
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0010| engaged in regularly scheduled air transportation between fixed
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0011| termini under a certificate of public convenience and necessity
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0012| issued by the civil aeronautics board;
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0013| E. "commission" means the secretary of public
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0014| safety when the term is used in reference to the enforcement
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0015| and investigatory provisions of the Liquor Control Act and
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0016| means the superintendent of regulation and licensing when the
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0017| term is used in reference to the licensing provisions of the
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0018| Liquor Control Act;
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0019| F. "department" means the special investigations
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0020| division of the department of public safety [department]
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0021| when the term is used in reference to the enforcement and
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0022| investigatory provisions of the Liquor Control Act and means
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0023| the superintendent of regulation and licensing when the term is
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0024| used in reference to the licensing provisions of the Liquor
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0025| Control Act;
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0001| G. "director" means the director of the special
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0002| investigations division of the department of public safety
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0003| [department] when the term is used in reference to the
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0004| enforcement and investigatory provisions of the Liquor Control
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0005| Act and means the [superintendent of regulation and
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0006| licensing] director of the alcohol and gaming division of the
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0007| regulation and licensing department when the term is used in
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0008| reference to the licensing provisions of the Liquor Control
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0009| Act;
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0010| H. "dispenser" means any person licensed under the
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0011| provisions of the Liquor Control Act selling, offering for sale
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0012| or having in his possession with the intent to sell alcoholic
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0013| beverages both by the drink for consumption on the licensed
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0014| premises and in unbroken packages for consumption and not for
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0015| resale off the licensed premises;
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0016| I. "distiller" means any person engaged in
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0017| manufacturing spirituous liquors;
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0018| J. "governing body" means the board of county
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0019| commissioners of a county or the city council or city
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0020| commissioners of a municipality;
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0021| K. "hotel" means any establishment or complex
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0022| having a resident of New Mexico as a proprietor or manager and
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0023| where, in consideration of payment, meals and lodging are
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0024| regularly furnished to the general public. The establishment
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0025| or complex must maintain for the use of its guests a minimum of
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0001| twenty-five sleeping rooms;
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0002| L. "licensed premises" means the contiguous areas
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0003| or areas connected by indoor passageways of a structure and the
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0004| outside dining, recreation and lounge areas of the structure
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0005| which are under the direct control of the licensee and from
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0006| which the licensee is authorized to sell, serve or allow the
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0007| consumption of alcoholic beverages under the provisions of its
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0008| license; provided that in the case of a restaurant, hotel or
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0009| racetrack, "licensed premises" includes all public and private
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0010| rooms, facilities and areas in which alcoholic beverages are
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0011| sold or served in the customary operating procedures of the
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0012| restaurant, hotel or racetrack;
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0013| M. "local option district" means any county which
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0014| has voted to approve the sale, serving or public consumption of
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0015| alcoholic beverages, or any incorporated municipality which
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0016| falls within a county which has voted to approve the sale,
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0017| serving or public consumption of alcoholic beverages, or any
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0018| incorporated municipality of over five thousand population
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0019| which has independently voted to approve the sale, serving or
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0020| public consumption of alcoholic beverages under the terms of
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0021| the Liquor Control Act or any former act;
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0022| N. "manufacturer" means a distiller, rectifier,
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0023| brewer or winer;
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0024| O. "minor" means any person under twenty-one years
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0025| of age;
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0001| P. "package" means any immediate container of
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0002| alcoholic beverages which is filled or packed by a manufacturer
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0003| or wine bottler for sale by the manufacturer or wine bottler to
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0004| wholesalers;
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0005| Q. "person" means an individual, corporation, firm,
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0006| partnership, copartnership, association or other legal entity;
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0007| R. "rectifier" means any person who blends, mixes
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0008| or distills alcohol with other liquids or substances for the
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0009| purpose of making an alcoholic beverage for the purpose of sale
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0010| other than to the consumer by the drink, and includes all
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0011| bottlers of spirituous liquors;
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0012| S. "restaurant" means any establishment having a
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0013| New Mexico resident as a proprietor or manager which is held
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0014| out to the public as a place where meals are prepared and
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0015| served primarily for on-premises consumption to the general
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0016| public in consideration of payment and which has a dining room,
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0017| a kitchen and the employees necessary for preparing, cooking
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0018| and serving meals; provided that "restaurant" does not include
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0019| establishments as defined in regulations promulgated by the
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0020| director serving only hamburgers, sandwiches, salads and other
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0021| fast foods;
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0022| T. "retailer" means any person licensed under the
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0023| provisions of the Liquor Control Act selling, offering for sale
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0024| or having in his possession with the intent to sell any
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0025| alcoholic beverages in unbroken packages for consumption and
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0001| not for resale off the licensed premises;
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0002| U. "spirituous liquors" means alcoholic beverages
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0003| as defined in Subsection A of this section except fermented
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0004| beverages such as wine, beer and ale;
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0005| V. "wholesaler" means any person whose place of
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0006| business is located in New Mexico and who sells, offers for
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0007| sale or possesses for the purpose of sale any alcoholic
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0008| beverages for resale by the purchaser;
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0009| W. "wine" includes the words "fruit juices" and
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0010| means alcoholic beverages obtained by the fermentation of the
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0011| natural sugar contained in fruit or other agricultural
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0012| products, with or without the addition of sugar or other
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0013| products, which do not contain less than one-half of one
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0014| percent nor more than twenty-one percent alcohol by volume;
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0015| X. "wine bottler" means any New Mexico wholesaler
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0016| who is licensed to sell wine at wholesale for resale only and
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0017| who buys wine in bulk and bottles it for wholesale resale; and
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0018| Y. "winer" means any person who owns or operates a
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0019| business for the manufacture of wine."
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0020|
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