0001| SENATE BILL 51 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| GLORIA HOWES | 0005| | 0006| | 0007| | 0008| FOR THE DWI OVERSIGHT TASK FORCE | 0009| | 0010| AN ACT | 0011| RELATING TO ALCOHOLIC BEVERAGES; PRESCRIBING CRIMINAL PENALTIES | 0012| FOR PROVIDING ALCOHOL TO A MINOR OR SERVING A MINOR; AMENDING A | 0013| SECTION OF THE LIQUOR CONTROL ACT. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 60-7B-1 NMSA 1978 (being Laws 1993, | 0017| Chapter 68, Section 22) is amended to read: | 0018| "60-7B-1. SELLING OR GIVING ALCOHOLIC BEVERAGES TO | 0019| MINORS--POSSESSION.-- | 0020| A. It is a violation of the Liquor Control Act for | 0021| any person, including a person licensed pursuant to the | 0022| provisions of the Liquor Control Act or any employee, agent or | 0023| lessee of that person, if he knows or has reason to know that | 0024| he is violating the provisions of this section, to: | 0025| (1) sell, serve or give any alcoholic | 0001| beverages to a minor or permit a minor to consume alcoholic | 0002| beverages on the licensed premises; | 0003| (2) buy alcoholic beverages for or procure the | 0004| sale or service of alcoholic beverages to a minor; | 0005| (3) deliver alcoholic beverages to a minor; or | 0006| (4) aid or assist a minor to buy, procure or | 0007| be served with alcoholic beverages. | 0008| B. It is not a violation of the Liquor Control | 0009| Act, as provided in Subsection A of this section, when a parent | 0010| or legal guardian of a minor serves alcoholic beverages to the | 0011| minor on real property, other than licensed premises, under the | 0012| control of the parent or legal guardian. | 0013| ~~[B.]~~C. It is a violation of the Liquor Control | 0014| Act for any minor to buy, attempt to buy, receive, possess or | 0015| permit himself to be served with any alcoholic beverages. | 0016| ~~[C.]~~D. In the event any person except a minor | 0017| procures any other person to sell, serve or deliver any | 0018| alcoholic beverages to a minor by actual or constructive | 0019| misrepresentation of any facts calculated to cause, or by a | 0020| concealment of any facts the concealment of which is calculated | 0021| to cause, the person selling, serving or delivering the | 0022| alcoholic beverages to the minor to believe that such minor is | 0023| legally entitled to be sold, served or delivered alcoholic | 0024| beverages and actually deceiving him by such misrepresentation | 0025| or concealment, then that person and not the person so deceived | 0001| by such misrepresentation or concealment shall have violated | 0002| the Liquor Control Act. | 0003| ~~[D.]~~E. As used in the Liquor Control Act, | 0004| "minor" means any person under twenty-one years of age. | 0005| ~~[E.]~~F. Violation of this section by a minor | 0006| with respect to possession is a petty misdemeanor. Upon | 0007| conviction, the offender may be sentenced in accordance with | 0008| Section 31-19-1 NMSA 1978. Any sentence imposed pursuant to | 0009| this subsection may be suspended in the discretion of the court | 0010| upon the condition that: | 0011| (1) the minor ~~[accepts]~~ accept the | 0012| suspension of his driver's license for a period not to exceed | 0013| three months, whereupon the trial court may dismiss the | 0014| possession of alcoholic beverage charge and it shall not be | 0015| considered a conviction. In the event the minor's driver's | 0016| license is to be suspended, the trial court shall inform the | 0017| motor vehicle division of the taxation and revenue department | 0018| of the action; provided, however, if the minor drives during | 0019| the period of suspension, then the court may impose a fine, | 0020| jail sentence or both, such fine and sentence not to exceed the | 0021| maximums imposed for petty misdemeanors or may impose | 0022| punishment pursuant to Paragraph (2) of this subsection; and | 0023| (2) the minor assist in a community project | 0024| designated by the court, up to fifty hours, whereupon the trial | 0025| court may dismiss the possession of alcoholic beverage charge | 0001| and it shall not be considered a conviction." | 0002| Section 2. EFFECTIVE DATE.--The effective date of the | 0003| provisions of this act is July 1, 1997. | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| FORTY-THIRD LEGISLATURE | 0002| FIRST SESSION, 1997 | 0003| | 0004| | 0005| February 3, 1997 | 0006| | 0007| Mr. President: | 0008| | 0009| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0010| referred | 0011| | 0012| SENATE BILL 51 | 0013| | 0014| has had it under consideration and reports same with | 0015| recommendation that it DO PASS, and thence referred to the | 0016| JUDICIARY COMMITTEE. | 0017| | 0018| Respectfully submitted, | 0019| | 0020| | 0021| | 0022| | 0023| __________________________________ | 0024| Shannon Robinson, Chairman | 0025| | 0001| | 0002| | 0003| Adopted_______________________ Not | 0004| Adopted_______________________ | 0005| (Chief Clerk) (Chief Clerk) | 0006| | 0007| | 0008| Date ________________________ | 0009| | 0010| | 0011| The roll call vote was 5 For 0 Against | 0012| Yes: 5 | 0013| No: 0 | 0014| Excused: Garcia, Ingle, Smith, Vernon | 0015| Absent: 0 | 0016| | 0017| | 0018| S0051PA1 | 0019| |