0001|                            HOUSE BILL 19
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                             MIMI STEWART
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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; AUTHORIZING LOCAL OPTION
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0012|     ELECTIONS REGARDING THE SALE OF ALCOHOLIC BEVERAGES FROM
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0013|     DRIVE-UP WINDOWS; AMENDING A SECTION OF THE LIQUOR CONTROL
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0014|     ACT.
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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 60-7A-1 NMSA 1978 (being Laws 1981,
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0018|     Chapter 39, Section 47, as amended) is amended to read:
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0019|          "60-7A-1.  HOURS AND DAYS OF BUSINESS--SUNDAY SALES--

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0020|     <u>DRIVE-UP WINDOW SALES</u>--CHRISTMAS DAY SALES--SUNDAY SALES FOR
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0021|     CONSUMPTION OFF THE LICENSED PREMISES--ELECTIONS.--
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0022|               A.  Alcoholic beverages shall be sold, served and
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0023|     consumed on licensed premises only during the following hours
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0024|     and days:
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0025|                    (1)  on Mondays from 7:00 a.m. until midnight;
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<center>- 1 -</center>

0001|                    (2)  on other weekdays from after midnight of
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0002|     the previous day until 2:00 a.m., then from 7:00 a.m. until
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0003|     midnight, except as provided in Subsections D, E and H of this
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0004|     section; and
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0005|                    (3)  on Sundays only after midnight of the
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0006|     previous day until 2:00 a.m., except as provided in
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0007|     Subsections C and F of this section; provided, however,
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0008|     nothing in this section shall prohibit the consumption at any
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0009|     time of alcoholic beverages in guest rooms of hotels.
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0010|               B.  Alcoholic beverages shall be sold by a
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0011|     dispenser or a retailer in unbroken packages, for consumption
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0012|     off the licensed premises and not for resale, on Mondays
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0013|     through Saturdays from 7:00 a.m. until 12:00 a.m. on the
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0014|     following day except as provided in Subsections D, E and H of
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0015|     this section.
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0016|               C.  Subject to the provisions of Subsections F and
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0017|     I of this section, a dispenser, restaurant licensee or club
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0018|     may, upon payment of an additional fee of one hundred dollars
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0019|     ($100), obtain a permit to sell, serve or permit the
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0020|     consumption of alcoholic beverages by the drink on the
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0021|     licensed premises on Sundays from 12:00 noon until midnight
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0022|     and in those years when December 31 falls on a Sunday from
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0023|     12:00 noon until 2:00 a.m. of the following day, except as
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0024|     otherwise provided in Subsection F of this section.  The
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0025|     permit shall expire on June 30 of each year and may be renewed
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<center>- 2 -</center>

0001|     from year to year upon application for renewal and payment of
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0002|     the required fee.  The permit fee shall not be prorated. 
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0003|     Sales made pursuant to this subsection or Subsection I of this
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0004|     section shall be called "Sunday sales".
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0005|               D.  Retailers, dispensers, canopy licensees,
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0006|     restaurant licensees, club licensees and governmental
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0007|     licensees or <s>[its]</s> <u>their</u> lessees shall not sell, serve,
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0008|     deliver or allow the consumption of alcoholic beverages on the
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0009|     licensed premises during voting hours on the days of the
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0010|     primary election, general election, elections for officers of
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0011|     a municipality or any other election as prescribed by the
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0012|     rules and regulations of the director.
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0013|               E.  Retailers, dispensers, canopy licensees that
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0014|     were replaced by dispenser's licensees pursuant to Section
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0015|     60-6B-16 NMSA 1978, restaurant licensees, club licensees and
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0016|     governmental licensees or <s>[its]</s> <u>their</u> lessees shall not
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0017|     sell, serve, deliver or allow the consumption of alcoholic
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0018|     beverages on the licensed premises from 2:00 a.m. on Christmas
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0019|     day until 7:00 a.m. on the day after Christmas, except as
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0020|     permitted pursuant to Subsection H of this section.
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0021|               F.  At the 1984 general election, the secretary of
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0022|     state shall order placed on the ballot in each local option
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0023|     district the question "Shall Sunday sales of alcoholic
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0024|     beverages by the drink for consumption on the licensed
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0025|     premises of licensees be allowed in this local option
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<center>- 3 -</center>

0001|     district?".  If the secretary of state determines a need, he
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0002|     may authorize the use of paper ballots for the purpose of the
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0003|     election provided for pursuant to this subsection.  Until such
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0004|     election, Sunday sales shall be permitted on the same basis in
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0005|     any local option district as provided under any former act,
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0006|     and the election held at the first general election following
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0007|     the effective date of the Liquor Control Act shall have no
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0008|     effect on whether Sunday sales are permitted in any local
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0009|     option district.  If the question is disapproved by a majority
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0010|     of those voting upon the question in the local option
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0011|     district, Sunday sales shall be unlawful in that local option
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0012|     district upon certification of the election returns, and the
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0013|     question shall not again be placed on the ballot in that local
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0014|     option district until:
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0015|                    (1)  at least one year has passed; and
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0016|                    (2)  a petition is filed with the local
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0017|     governing body bearing the signatures of registered qualified
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0018|     electors of the local option district equal in number to ten
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0019|     percent of the number of votes cast and counted in the local
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0020|     option district for governor in the last preceding general
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0021|     election in which a governor was elected.  The signatures on
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0022|     the petition shall be verified by the clerk of the county in
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0023|     which the local option district is situated.
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0024|               G.  The local governing body of a local option
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0025|     district <s>[in an eligible county]</s> shall:
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<center>- 4 -</center>


0001|                    (1)  adopt a resolution within <s>[sixty days of
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<s></s>0002| <s>    April 7, 1989]</s> <u>ninety days of July 1, 1998</u> calling for an
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0003|     election to place on the ballot the question "Shall a retailer
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0004|     or dispenser be allowed to sell or deliver alcoholic beverages
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0005|     at any time from a drive-up window?";
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0006|                    (2)  arrange for the election to be held
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0007|     <s>[within sixty days after the date the resolution is adopted]</s>
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0008|     <u>in conjunction with the next regular election of the local
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<u></u>0009| <u>    governing body or the next statewide general election
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<u></u>0010| <u>    following adoption of the resolution</u>; and
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0011|                    (3)  ensure that the election is called,
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0012|     conducted, counted and canvassed in the manner provided by law
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0013|     for elections within the county.
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0014|          <s>[As used in this subsection, "eligible county" means any
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<s></s>0015| <s>    county that, according to motor vehicle statistics reported to
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<s></s>0016| <s>    the state highway and transportation department during the
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<s></s>0017| <s>    years 1985 and 1986, convicted more than twenty-five persons
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<s></s>0018| <s>    for each one thousand licensed drivers of driving while
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<s></s>0019| <s>    intoxicated offenses.]</s>
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0020|               H.  On and after July 1, 1989, dispensers, canopy
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0021|     licensees that were replaced by dispenser's licensees pursuant
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0022|     to Section 60-6B-16 NMSA 1978, restaurant licensees, club
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0023|     licensees and governmental licensees or lessees of these
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0024|     licensees may sell, serve or allow the consumption of beer and
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0025|     wine with meals on licensed premises from noon until 10:00
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<center>- 5 -</center>

0001|     p.m. on Christmas day, except in a local option district in
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0002|     which, pursuant to petition and election under this
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0003|     subsection, a majority of the voters voting on the question
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0004|     votes against continuing such sales or consumption on
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0005|     Christmas day.  An election shall be held on the question of
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0006|     whether to continue to allow the sale, service or consumption
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0007|     of beer and wine with meals on licensed premises from noon
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0008|     until 10:00 p.m. on Christmas day in a local option district,
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0009|     if a petition requesting the governing body of that district
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0010|     to call the election is signed by at least ten percent of the
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0011|     registered voters of the district and is filed with the clerk
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0012|     of the governing body of the district.  Upon verification by
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0013|     the clerk that the petition contains the required number of
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0014|     signatures of registered voters, the governing body shall
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0015|     adopt a resolution calling an election on the question of
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0016|     allowing the sale, service or consumption of beer and wine
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0017|     with meals on licensed premises from noon until 10:00 p.m. on
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0018|     Christmas day.  The election shall be held within sixty days
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0019|     after the date the petition is verified, or it may be held in
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0020|     conjunction with a regular election of the governing body if
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0021|     that election occurs within sixty days of such verification. 
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0022|     The election shall be called, conducted, counted and canvassed
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0023|     in substantially the same manner as provided for general
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0024|     elections in the county under the Election Code or for special
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0025|     municipal elections in a municipality under the Municipal
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<center>- 6 -</center>

0001|     Election Code.  If a majority of the voters voting on the
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0002|     question votes against continuing the sale, service or
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0003|     consumption of beer and wine with meals on licensed premises
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0004|     from noon until 10:00 p.m. on Christmas day, then such sales
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0005|     and consumption shall be prohibited.  If a majority of the
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0006|     voters voting on the question votes to allow continued sale,
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0007|     service and consumption of beer and wine with meals on
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0008|     licensed premises from noon until 10:00 p.m. on Christmas day,
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0009|     then such sales and consumption shall be allowed to continue. 
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0010|     The question then shall not be submitted again to the voters
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0011|     within two years of the date of the last election on the
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0012|     question.
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0013|               I.  Notwithstanding the provisions of Subsection F
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0014|     of this section, any Indian tribe or pueblo whose lands are
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0015|     wholly situated within the state that has, by statute,
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0016|     ordinance or resolution, elected to permit the sale,
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0017|     possession or consumption of alcoholic beverages on lands
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0018|     within the territorial boundaries of the tribe or pueblo may,
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0019|     by statute, ordinance or resolution of the governing body of
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0020|     the Indian tribe or pueblo, permit Sunday sales by the drink
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0021|     on the licensed premises of licensees on lands within the
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0022|     territorial boundaries of the tribe or pueblo; provided that a
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0023|     certified copy of such enactment is filed with the office of
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0024|     the director and of the secretary of state.
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0025|               J.  Subject to the provisions of Subsection K of
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<center>- 7 -</center>

0001|     this section, a dispenser or retailer, upon payment of an
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0002|     additional fee of one hundred dollars ($100), may obtain a
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0003|     permit to sell alcoholic beverages in unbroken packages for
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0004|     consumption off the licensed premises on Sundays from 12:00
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0005|     noon until midnight, and in those years when December 31 falls
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0006|     on a Sunday, from 12:00 noon on December 31 until 2:00 a.m. of
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0007|     the following day.  The permit shall expire on June 30 of each
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0008|     year and may be renewed from year to year upon application for
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0009|     renewal and payment of the required fee.  The permit fee shall
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0010|     not be prorated.  Sales made pursuant to the provisions of
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0011|     this subsection shall be called "Sunday package sales".
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0012|               K.  If a petition requesting the governing body of
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0013|     a local option district to call an election on the question of
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0014|     continuing to allow sales of alcoholic beverages in unbroken
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0015|     packages for consumption off the licensed premises on Sundays
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0016|     is filed with the clerk of the governing body and that
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0017|     petition is signed by at least ten percent of the number of
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0018|     registered voters of the local option district and the clerk
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0019|     of the governing body verifies the petition signatures, the
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0020|     governing body shall adopt a resolution calling an election on
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0021|     the question.  The election shall be held within sixty days of
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0022|     the date the petition is verified, or it may be held in
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0023|     conjunction with a regular election of the governing body, if
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0024|     the regular election occurs within sixty days of the petition
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0025|     verification.  The election shall be called, conducted,
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<center>- 8 -</center>

0001|     counted and canvassed substantially in the manner provided by
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0002|     law for general elections within a county or special municipal
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0003|     elections within a municipality.  If a majority of the voters
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0004|     of the local option district voting in the election votes to
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0005|     allow the sale of alcoholic beverages in unbroken packages for
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0006|     consumption off the licensed premises, then those sales shall
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0007|     continue to be allowed.  If a majority of the voters of the
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0008|     local option district voting in the election votes not to
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0009|     allow the Sunday <u>package</u> sales, then those Sunday <u>package</u>
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0010|     sales shall be prohibited commencing the first Sunday after
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0011|     the results of the election are certified.  Following the
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0012|     election, the question of allowing the Sunday <u>package</u> sales
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0013|     shall not be submitted again to the voters within two years of
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0014|     the date of the last election on the question."
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0015|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0016|     provisions of this act is July 1, 1998.
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0017|                              
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