0001| HOUSE BILL 1066 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| R. DAVID PEDERSON | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO REGULATION AND LICENSING; PROVIDING FOR THE ALCOHOL | 0012| AND GAMING DIVISION; PROVIDING COVERAGE IN THE PERSONNEL ACT | 0013| FOR THE DIRECTOR OF THE ALCOHOL AND GAMING DIVISION; AMENDING | 0014| SECTIONS OF THE NMSA 1978. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 9-16-4 NMSA 1978 (being Laws 1983, | 0018| Chapter 297, Section 20, as amended) is amended to read: | 0019| "9-16-4. DEPARTMENT ESTABLISHED.--There is created in the | 0020| executive branch the "regulation and licensing department". | 0021| The department shall not be a cabinet department. The | 0022| department shall consist of but not be limited to [five] | 0023| six divisions as follows: | 0024| A. the administrative services division; | 0025| B. the construction industries division; | 0001| C. the financial institutions division; | 0002| D. the securities division; [and] | 0003| E. the manufactured housing division; and | 0004| F. the alcohol and gaming division." | 0005| Section 2. Section 9-16-7 NMSA 1978 (being Laws 1983, | 0006| Chapter 297, Section 23) is amended to read: | 0007| "9-16-7. DIVISION DIRECTORS.--The superintendent shall | 0008| appoint, with the approval of the governor, "directors" of the | 0009| divisions established within the department. The positions so | 0010| appointed are exempt from the Personnel Act, except for the | 0011| director of the alcohol and gaming division, who shall be | 0012| covered by the provisions of that act." | 0013| Section 3. Section 10-9-4 NMSA 1978 (being Laws 1961, | 0014| Chapter 240, Section 4, as amended) is amended to read: | 0015| "10-9-4. COVERAGE OF SERVICE.--The Personnel Act and the | 0016| service cover all state positions except: | 0017| A. officials elected by popular vote or appointed | 0018| to fill vacancies to elective offices; | 0019| B. members of boards and commissions and heads of | 0020| agencies appointed by the governor; | 0021| C. heads of agencies appointed by boards or | 0022| commissions; | 0023| D. directors of department divisions, except as | 0024| provided in Section 9-16-7 NMSA 1978; | 0025| E. those in educational institutions and in public | 0001| schools; | 0002| F. those employed by state institutions and by | 0003| state agencies providing educational programs and who are | 0004| required to hold valid certificates as certified school | 0005| instructors as defined in Section 22-1-2 NMSA 1978 issued by | 0006| the state board of education; | 0007| G. those in the governor's office; | 0008| H. those in the state militia or the commissioned | 0009| officers of the New Mexico state police division of the | 0010| department of public safety; | 0011| I. those in the judicial branch of government; | 0012| J. those in the legislative branch of government; | 0013| K. not more than two assistants and one secretary | 0014| in the office of each official listed in Subsections A, B and C | 0015| of this section, excluding members of boards and commissions in | 0016| Subsection B of this section; | 0017| L. those of a professional or scientific nature | 0018| which are temporary in nature; | 0019| M. those filled by patients or inmates in | 0020| charitable, penal or correctional institutions; | 0021| N. state employees if the personnel board in its | 0022| discretion decides that the position is one of policymaking; | 0023| and | 0024| O. disadvantaged youth under twenty-two years of | 0025| age regularly enrolled or to be enrolled in a secondary | 0001| educational institution approved by the state board of | 0002| education or in an accredited state institution of advanced | 0003| learning or vocational training and who are to be employed for | 0004| not more than seven hundred twenty hours during any calendar | 0005| year: | 0006| (1) the term "disadvantaged youth" shall be | 0007| defined for purposes of this exemption by regulation duly | 0008| promulgated by the board; and | 0009| (2) the board shall: | 0010| (a) require that all the criteria of | 0011| this subsection have been met; | 0012| (b) establish employment lists for the | 0013| certification of the highest-standing candidates to the | 0014| prospective employers; and | 0015| (c) establish the pay rates for such | 0016| employees." | 0017| Section 4. Section 60-3A-3 NMSA 1978 (being Laws 1981, | 0018| Chapter 39, Section 3, as amended) is amended to read: | 0019| "60-3A-3. DEFINITIONS.--As used in the Liquor Control | 0020| Act: | 0021| A. "alcoholic beverages" means distilled or | 0022| rectified spirits, potable alcohol, brandy, whiskey, rum, gin | 0023| and aromatic bitters bearing the federal internal revenue strip | 0024| stamps or any similar alcoholic beverage, including blended or | 0025| fermented beverages, dilutions or mixtures of one or more of | 0001| the foregoing containing more than one-half of one percent | 0002| alcohol, but excluding medicinal bitters; | 0003| B. "beer" means any alcoholic beverage obtained by | 0004| the fermentation of any infusion or decoction of barley, malt | 0005| and hops or other cereals in water, and includes porter, beer, | 0006| ale and stout; | 0007| C. "brewer" means any person who owns or operates a | 0008| business for the manufacture of beer; | 0009| D. "club" means: | 0010| (1) any nonprofit group, including an | 0011| auxiliary or subsidiary group, organized and operated under the | 0012| laws of this state with a membership of not less than fifty | 0013| members who pay membership dues at the rate of not less than | 0014| five dollars ($5.00) per year and who, under the constitution | 0015| and bylaws of the club, have all voting rights and full | 0016| membership privileges and which group is the owner, lessee or | 0017| occupant of premises used exclusively for club purposes and | 0018| which group the director finds: | 0019| (a) is operated solely for recreation, | 0020| social, patriotic, political, benevolent or athletic purposes; | 0021| and | 0022| (b) the proposed licensee has been | 0023| granted an exemption by the United States from the payment of | 0024| the federal income tax as a club under the provisions of | 0025| Section 501(a) of the Internal Revenue Code of 1954, as amended | 0001| or, if the applicant has not operated as a club for a | 0002| sufficient time to be eligible for the income tax exemption, it | 0003| must execute and file with the director a sworn letter of | 0004| intent declaring that it will, in good faith, apply for such | 0005| exemption as soon as it is eligible; or | 0006| (2) an airline passenger membership club | 0007| operated by an air common carrier which maintains or operates a | 0008| clubroom at an international airport terminal. For the | 0009| purposes of this paragraph, "air common carrier" means a person | 0010| engaged in regularly scheduled air transportation between fixed | 0011| termini under a certificate of public convenience and necessity | 0012| issued by the civil aeronautics board; | 0013| E. "commission" means the secretary of public | 0014| safety when the term is used in reference to the enforcement | 0015| and investigatory provisions of the Liquor Control Act and | 0016| means the superintendent of regulation and licensing when the | 0017| term is used in reference to the licensing provisions of the | 0018| Liquor Control Act; | 0019| F. "department" means the special investigations | 0020| division of the department of public safety [department] | 0021| when the term is used in reference to the enforcement and | 0022| investigatory provisions of the Liquor Control Act and means | 0023| the superintendent of regulation and licensing when the term is | 0024| used in reference to the licensing provisions of the Liquor | 0025| Control Act; | 0001| G. "director" means the director of the special | 0002| investigations division of the department of public safety | 0003| [department] when the term is used in reference to the | 0004| enforcement and investigatory provisions of the Liquor Control | 0005| Act and means the [superintendent of regulation and | 0006| licensing] director of the alcohol and gaming division of the | 0007| regulation and licensing department when the term is used in | 0008| reference to the licensing provisions of the Liquor Control | 0009| Act; | 0010| H. "dispenser" means any person licensed under the | 0011| provisions of the Liquor Control Act selling, offering for sale | 0012| or having in his possession with the intent to sell alcoholic | 0013| beverages both by the drink for consumption on the licensed | 0014| premises and in unbroken packages for consumption and not for | 0015| resale off the licensed premises; | 0016| I. "distiller" means any person engaged in | 0017| manufacturing spirituous liquors; | 0018| J. "governing body" means the board of county | 0019| commissioners of a county or the city council or city | 0020| commissioners of a municipality; | 0021| K. "hotel" means any establishment or complex | 0022| having a resident of New Mexico as a proprietor or manager and | 0023| where, in consideration of payment, meals and lodging are | 0024| regularly furnished to the general public. The establishment | 0025| or complex must maintain for the use of its guests a minimum of | 0001| twenty-five sleeping rooms; | 0002| L. "licensed premises" means the contiguous areas | 0003| or areas connected by indoor passageways of a structure and the | 0004| outside dining, recreation and lounge areas of the structure | 0005| which are under the direct control of the licensee and from | 0006| which the licensee is authorized to sell, serve or allow the | 0007| consumption of alcoholic beverages under the provisions of its | 0008| license; provided that in the case of a restaurant, hotel or | 0009| racetrack, "licensed premises" includes all public and private | 0010| rooms, facilities and areas in which alcoholic beverages are | 0011| sold or served in the customary operating procedures of the | 0012| restaurant, hotel or racetrack; | 0013| M. "local option district" means any county which | 0014| has voted to approve the sale, serving or public consumption of | 0015| alcoholic beverages, or any incorporated municipality which | 0016| falls within a county which has voted to approve the sale, | 0017| serving or public consumption of alcoholic beverages, or any | 0018| incorporated municipality of over five thousand population | 0019| which has independently voted to approve the sale, serving or | 0020| public consumption of alcoholic beverages under the terms of | 0021| the Liquor Control Act or any former act; | 0022| N. "manufacturer" means a distiller, rectifier, | 0023| brewer or winer; | 0024| O. "minor" means any person under twenty-one years | 0025| of age; | 0001| P. "package" means any immediate container of | 0002| alcoholic beverages which is filled or packed by a manufacturer | 0003| or wine bottler for sale by the manufacturer or wine bottler to | 0004| wholesalers; | 0005| Q. "person" means an individual, corporation, firm, | 0006| partnership, copartnership, association or other legal entity; | 0007| R. "rectifier" means any person who blends, mixes | 0008| or distills alcohol with other liquids or substances for the | 0009| purpose of making an alcoholic beverage for the purpose of sale | 0010| other than to the consumer by the drink, and includes all | 0011| bottlers of spirituous liquors; | 0012| S. "restaurant" means any establishment having a | 0013| New Mexico resident as a proprietor or manager which is held | 0014| out to the public as a place where meals are prepared and | 0015| served primarily for on-premises consumption to the general | 0016| public in consideration of payment and which has a dining room, | 0017| a kitchen and the employees necessary for preparing, cooking | 0018| and serving meals; provided that "restaurant" does not include | 0019| establishments as defined in regulations promulgated by the | 0020| director serving only hamburgers, sandwiches, salads and other | 0021| fast foods; | 0022| T. "retailer" means any person licensed under the | 0023| provisions of the Liquor Control Act selling, offering for sale | 0024| or having in his possession with the intent to sell any | 0025| alcoholic beverages in unbroken packages for consumption and | 0001| not for resale off the licensed premises; | 0002| U. "spirituous liquors" means alcoholic beverages | 0003| as defined in Subsection A of this section except fermented | 0004| beverages such as wine, beer and ale; | 0005| V. "wholesaler" means any person whose place of | 0006| business is located in New Mexico and who sells, offers for | 0007| sale or possesses for the purpose of sale any alcoholic | 0008| beverages for resale by the purchaser; | 0009| W. "wine" includes the words "fruit juices" and | 0010| means alcoholic beverages obtained by the fermentation of the | 0011| natural sugar contained in fruit or other agricultural | 0012| products, with or without the addition of sugar or other | 0013| products, which do not contain less than one-half of one | 0014| percent nor more than twenty-one percent alcohol by volume; | 0015| X. "wine bottler" means any New Mexico wholesaler | 0016| who is licensed to sell wine at wholesale for resale only and | 0017| who buys wine in bulk and bottles it for wholesale resale; and | 0018| Y. "winer" means any person who owns or operates a | 0019| business for the manufacture of wine." | 0020|  |