0001| HOUSE BILL 1167
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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 REGULATION AND LICENSING; PROVIDING AUTHORITY TO
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0012| ISSUE CEASE AND DESIST ORDERS UNDER THE LIQUOR CONTROL ACT;
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0013| AMENDING A SECTION OF THE NMSA 1978.
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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 60-6C-1 NMSA 1978 (being Laws 1981,
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0017| Chapter 39, Section 97, as amended) is amended to read:
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0018| "60-6C-1. GROUNDS FOR SUSPENSION, REVOCATION, CEASE AND
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0019| DESIST ORDER OR ADMINISTRATIVE FINE--REPORTING REQUIREMENT.--
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0020| A. The director may suspend or revoke the license
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0021| or permit or fine the licensee in an amount not more than ten
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0022| thousand dollars ($10,000), or both, when he finds that any
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0023| licensee has:
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0024| (1) violated any provision of the Liquor
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0025| Control Act or any regulation or order promulgated pursuant to
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0001| that act;
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0002| (2) been convicted of a felony pursuant to the
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0003| provisions of the Criminal Code, the Liquor Control Act or
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0004| federal law; or
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0005| (3) permitted his licensed premises to remain
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0006| a public nuisance in the neighborhood where it is located after
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0007| written notice from the director that investigation by the
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0008| department has revealed that the establishment is a public
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0009| nuisance in the neighborhood.
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0010| B. The director shall suspend or revoke the license
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0011| or permit and may fine the licensee in an amount not to exceed
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0012| ten thousand dollars ($10,000), or both, when he finds that any
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0013| licensee or:
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0014| (1) his employee or agent knowingly has sold,
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0015| served or given any alcoholic beverage to a minor in violation
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0016| of Section 60-7B-1 NMSA 1978 or to an intoxicated person in
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0017| violation of Section 60-7A-16 NMSA 1978, on two separate
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0018| occasions within any twelve-month period; or
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0019| (2) his agent has made any material false
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0020| statement or concealed any material facts in his application
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0021| for the license or permit granted him pursuant to the
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0022| provisions of the Liquor Control Act.
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0023| C. In addition to other penalties provided in this
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0024| section, any retailer or dispenser who violates the provisions
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0025| of Section 60-7A-16 or 60-7B-1 NMSA 1978 by selling, serving or
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0001| delivering alcoholic beverages to an intoxicated person or a
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0002| minor through a drive-up window at a minimum shall have:
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0003| (1) upon a first violation of this subsection,
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0004| the privilege to sell alcoholic beverages or any other goods
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0005| from his drive-up window suspended by the director for a period
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0006| of two weeks;
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0007| (2) upon a second violation of this
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0008| subsection, the privilege to sell alcoholic beverages or any
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0009| other goods from his drive-up window suspended by the director
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0010| for a period of thirty days;
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0011| (3) upon a third violation of this subsection,
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0012| the privilege to sell alcoholic beverages or any other goods
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0013| from his drive-up window suspended by the director for a period
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0014| of sixty days; and
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0015| (4) upon a fourth violation of this subsection
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0016| within two years of any other violations of Section 60-7A-16 or
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0017| 60-7B-1 NMSA 1978, the privilege to sell alcoholic beverages or
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0018| any other goods from his drive-up window revoked by the
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0019| director and the drive-up window permanently closed.
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0020| D. In addition to other penalties provided in this
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0021| section, the director may issue an order requiring any person
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0022| subject to the jurisdiction of the Liquor Control Act to cease
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0023| and desist from engaging in any act or practice found to be in
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0024| violation of that act or any rule, regulation or order issued
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0025| pursuant to that act.
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0001| [D.] E. Any licensee aggrieved by a revocation,
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0002| suspension or fine proposed to be imposed by the director
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0003| pursuant to this section shall be entitled to the hearing
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0004| procedures set forth in Article 6C of Chapter 60 NMSA 1978
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0005| before the revocation, suspension or fine shall be effective.
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0006| [E.] F. Any charge filed against a licensee by
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0007| the department and the resulting disposition of the charge
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0008| shall be reported to the department of public safety and local
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0009| law enforcement agencies whose jurisdictions include the
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0010| licensed establishment."
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0011|
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0012| State of New Mexico
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0013| House of Representatives
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0014|
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0015| FORTY-THIRD LEGISLATURE
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0016| FIRST SESSION, 1997
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0017|
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0018|
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0019| March 7, 1997
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0020|
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0021|
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0022| Mr. Speaker:
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0023|
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0024| Your JUDICIARY COMMITTEE, to whom has been referred
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0025|
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0001| HOUSE BILL 1167
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO PASS.
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0005|
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0006| Respectfully submitted,
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0007|
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0008|
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0009|
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0010|
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0011|
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0012| Thomas P. Foy, Chairman
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0013|
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0014|
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0015| Adopted Not Adopted
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0016|
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019| Date
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0020|
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0021| The roll call vote was 5 For 2 Against
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0022| Yes: 5
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0023| No: Mallory, Vaughn
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0024| Excused: Alwin, King, Larranaga, Rios, Sanchez, Foy
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0025| Absent: None
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0001|
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0002|
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0003| G:\BILLTEXT\BILLW_97\H1167
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0004|
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0005| FORTY-THIRD LEGISLATURE
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0006| FIRST SESSION, 1997
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0007|
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0008|
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0009| March 18, 1997
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0010|
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0011| Mr. President:
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0012|
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0013| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0014| referred
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0015|
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0016| HOUSE BILL 1167
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0017|
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0018| has had it under consideration and reports same with
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0019| recommendation that it DO PASS, and thence referred to the
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0020| JUDICIARY COMMITTEE.
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0021|
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0022| Respectfully submitted,
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0023|
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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| Shannon Robinson, Chairman
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0004|
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0005|
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0006|
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0007| Adopted_______________________ Not
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0008| Adopted_______________________
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011|
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0012| Date ________________________
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0013|
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0014|
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0015| The roll call vote was 5 For 1 Against
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0016| Yes: 5
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0017| No: Robinson
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0018| Excused: Adair, Boitano, Vernon
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0019| Absent: None
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0020|
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0021|
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0022|
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0023|
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0024| H1167PA1
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