0001| HOUSE BILL 362
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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| DAVID M. PARSONS
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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; PRESCRIBING CRIMINAL
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0012| PENALTIES FOR PROVIDING ALCOHOLIC BEVERAGES TO A MINOR;
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0013| PROVIDING AN EXCEPTION; AMENDING A SECTION OF THE LIQUOR
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0014| CONTROL 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 60-7B-1 NMSA 1978 (being Laws 1993,
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0018| Chapter 68, Section 22) is amended to read:
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0019| "60-7B-1. SELLING OR GIVING ALCOHOLIC BEVERAGES TO
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0020| MINORS--POSSESSION.--
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0021| A. It is a violation of the Liquor Control Act for
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0022| [any] a person, including a person licensed pursuant to
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0023| the provisions of the Liquor Control Act, or [any] an
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0024| employee, agent or lessee of that person, if he knows or has
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0025| reason to know that he is violating the provisions of this
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0001| section, to:
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0002| (1) sell, serve or give [any] alcoholic
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0003| beverages to a minor or permit a minor to consume alcoholic
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0004| beverages on the licensed premises;
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0005| (2) buy alcoholic beverages for or procure
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0006| the sale or service of alcoholic beverages to a minor;
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0007| (3) deliver alcoholic beverages to a minor;
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0008| or
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0009| (4) aid or assist a minor to buy, procure or
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0010| be served with alcoholic beverages.
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0011| B. It is not a violation of the Liquor Control
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0012| Act, as provided in Subsection A or C of this section, when a
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0013| parent or legal guardian of a minor serves alcoholic beverages
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0014| to that minor on real property, other than licensed premises,
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0015| under the control of the parent or legal guardian; provided
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0016| that the parent or legal guardian ensures that the minor
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0017| remains on the real property under the control of the parent
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0018| or legal guardian until the minor is no longer under the
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0019| influence of the alcoholic beverages.
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0020| [B.] C. It is a violation of the Liquor
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0021| Control Act for [any] a minor to buy, attempt to buy,
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0022| receive, possess or permit himself to be served with [any]
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0023| alcoholic beverages.
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0024| [C.] D. In the event [any] a person
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0025| [except] other than a minor procures [any other]
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0001| another person to sell, serve or deliver [any] alcoholic
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0002| beverages to a minor by actual or constructive
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0003| misrepresentation of [any] facts calculated to cause, or by
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0004| a concealment of [any] facts the concealment of which is
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0005| calculated to cause, the person selling, serving or delivering
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0006| the alcoholic beverages to the minor to believe that [such]
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0007| the minor is legally entitled to be sold, served or
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0008| delivered alcoholic beverages and actually deceiving him by
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0009| [such] that misrepresentation or concealment, then that
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0010| person and not the person so deceived by [such] the
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0011| misrepresentation or concealment shall have violated the
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0012| Liquor Control Act.
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0013| [D.] E. As used in the Liquor Control Act,
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0014| "minor" means [any] a person under twenty-one years of
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0015| age.
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0016| [E.] F. Violation of this section by a minor
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0017| with respect to possession is a petty misdemeanor. Upon
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0018| conviction, the offender may be sentenced in accordance with
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0019| Section 31-19-1 NMSA 1978. Any sentence imposed pursuant to
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0020| this subsection may be suspended in the discretion of the
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0021| court upon the condition that:
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0022| (1) the minor [accepts] accept the
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0023| suspension of his driver's license for a period not to exceed
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0024| three months, whereupon the trial court may dismiss the
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0025| possession of alcoholic beverage charge and it shall not be
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0001| considered a conviction. In the event the minor's driver's
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0002| license is to be suspended, the trial court shall inform the
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0003| motor vehicle division of the taxation and revenue department
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0004| of the action; provided, however, if the minor drives during
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0005| the period of suspension, then the court may impose a fine,
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0006| jail sentence or both, [such] the fine and sentence not to
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0007| exceed the maximums imposed for petty misdemeanors or may
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0008| impose punishment pursuant to Paragraph (2) of this
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0009| subsection; and
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0010| (2) the minor assist in a community project
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0011| designated by the court, up to fifty hours, whereupon the
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0012| trial court may dismiss the possession of alcoholic beverage
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0013| charge and it shall not be considered a conviction."
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0014| Section 2. EFFECTIVE DATE.--The effective date of the
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0015| provisions of this act is July 1, 1998.
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0016|
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