0001| HOUSE BILL 82 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| JERRY W. SANDEL | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO TAXATION; AUTHORIZING ADDITIONAL COUNTIES TO | 0012| IMPOSE THE LOCAL LIQUOR EXCISE TAX PURSUANT TO THE LOCAL | 0013| LIQUOR EXCISE TAX ACT. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 7-24-9 NMSA 1978 (being Laws 1989, | 0017| Chapter 326, Section 2) is amended to read: | 0018| "7-24-9. DEFINITIONS.--As used in the Local Liquor | 0019| Excise Tax Act: | 0020| A. "alcoholic beverages" means distilled or | 0021| rectified spirits, potable alcohol, brandy, whiskey, rum, gin | 0022| and aromatic bitters or any similar alcoholic beverage, | 0023| including blended or fermented beverages, dilutions or | 0024| mixtures of one or more of the foregoing containing more than | 0025| one-half of one percent alcohol, but excluding medicinal |
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0001| bitters; | 0002| B. "county" means: | 0003| (1) a class B county having a population of | 0004| more than fifty-six thousand but less than seventy-five | 0005| thousand, according to the most recent federal decennial | 0006| census or any subsequent decennial census, and having a net | 0007| taxable value for rate-setting purposes for the 1988 or any | 0008| subsequent property tax year of more than five hundred million | 0009| dollars ($500,000,000) but less than seven hundred million | 0010| dollars ($700,000,000); | 0011| (2) a class B county having a population of | 0012| more than fifty-five thousand but less than fifty-seven | 0013| thousand, according to the 1990 federal decennial census, and | 0014| having a net taxable value for rate-setting purposes for the | 0015| 1997 property tax year of more than one billion one hundred | 0016| million dollars ($1,100,000,000) but less than one billion two | 0017| hundred million dollars ($1,200,000,000); and | 0018| (3) a class B county having a population of | 0019| more than ninety thousand but less than ninety-five thousand, | 0020| according to the 1990 federal decennial census, and having a | 0021| net taxable value for rate-setting purposes for the 1997 | 0022| property tax year of more than two billion dollars | 0023| ($2,000,000,000) but less than two billion five hundred | 0024| million dollars ($2,500,000,000); | 0025| C. "department" means the taxation and revenue |
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0001| department, the secretary of taxation and revenue or any | 0002| employee of the department exercising authority lawfully | 0003| delegated to that employee by the secretary; | 0004| D. "governing body" means the board of county | 0005| commissioners of a county; | 0006| E. "person" means any individual, estate, trust, | 0007| receiver, cooperative association, club, corporation, company, | 0008| firm, partnership, joint venture, syndicate or other | 0009| association; "person" also means, to the extent permitted by | 0010| law, any federal, state or other governmental unit or | 0011| subdivision or agency, department or instrumentality thereof; | 0012| F. "price" means the total amount of money or the | 0013| reasonable value of other consideration or both paid for | 0014| alcoholic beverages, inclusive of the amount of any tax paid | 0015| pursuant to the Liquor Excise Tax Act; and | 0016| G. "retailer" means any person having a place of | 0017| business within the county who sells, offers for sale or | 0018| possesses for the purpose of selling alcoholic beverages | 0019| within the county." | 0020| Section 2. EFFECTIVE DATE.--The effective date of the | 0021| provisions of this act is July 1, 1998. | 0022|  |