0001| HOUSE BILL 11
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 1998
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0003| INTRODUCED BY
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0004| Jerry Lee Alwin
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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; MAKING IT A VIOLATION OF THE
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0012| LIQUOR CONTROL ACT TO SELL OR DELIVER ALCOHOLIC BEVERAGES FROM
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0013| A DRIVE-UP WINDOW; AMENDING SECTIONS 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 60-6C-1 NMSA 1978 (being Laws 1981,
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0018| Chapter 39, Section 97, as amended) is amended to read:
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0019| "60-6C-1. GROUNDS FOR SUSPENSION, REVOCATION OR
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0020| ADMINISTRATIVE FINE--REPORTING REQUIREMENT.--
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0021| A. The director may suspend or revoke the license
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0022| or permit or fine the licensee in an amount not more than ten
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0023| thousand dollars ($10,000), or both, when he finds that any
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0024| licensee has:
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0025| (1) violated any provision of the Liquor
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0001| Control Act or any regulation or order promulgated pursuant to
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0002| that act;
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0003| (2) been convicted of a felony pursuant to
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0004| the provisions of the Criminal Code, the Liquor Control Act or
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0005| federal law; or
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0006| (3) permitted his licensed premises to remain
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0007| a public nuisance in the neighborhood where it is located
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0008| after written notice from the director that investigation by
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0009| the department has revealed that the establishment is a public
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0010| nuisance in the neighborhood.
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0011| B. The director shall suspend or revoke the
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0012| license or permit and may fine the licensee in an amount not
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0013| to exceed ten thousand dollars ($10,000), or both, when he
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0014| finds that any licensee or:
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0015| (1) his employee or agent knowingly has sold,
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0016| served or given any alcoholic beverage to a minor in violation
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0017| of Section 60-7B-1 NMSA 1978 or to an intoxicated person in
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0018| violation of Section 60-7A-16 NMSA 1978, on two separate
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0019| occasions within any twelve-month period; or
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0020| (2) his agent has made any material false
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0021| statement or concealed any material facts in his application
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0022| for the license or permit granted him pursuant to the
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0023| provisions of the Liquor Control Act.
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0024| [C. In addition to other penalties provided in
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this section, any retailer or dispenser who violates the
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provisions of Section 60-7A-16 or 60-7B-1 NMSA 1978 by
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selling, serving or delivering alcoholic beverages to an
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intoxicated person or a minor through a drive-up window at a
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minimum shall have:
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(1) upon a first violation of this
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subsection, the privilege to sell alcoholic beverages or any
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other goods from his drive-up window suspended by the director
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for a period of two weeks;
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(2) upon a second violation of this
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subsection, the privilege to sell alcoholic beverages or any
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other goods from his drive-up window suspended by the director
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for a period of thirty days;
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(3) upon a third violation of this
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subsection, the privilege to sell alcoholic beverages or any
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other goods from his drive-up window suspended by the director
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for a period of sixty days; and
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(4) upon a fourth violation of this
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subsection within two years of any other violations of Section
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60-7A-16 or 60-7B-1 NMSA 1978, the privilege to sell alcoholic
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beverages or any other goods from his drive-up window revoked
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by the director and the drive-up window permanently closed.
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D.] C. Any licensee aggrieved by a revocation,
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0023| suspension or fine proposed to be imposed by the director
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0024| pursuant to this section shall be entitled to the hearing
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0025| procedures set forth in [Article 6C of Chapter 60] Chapter
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0001| 60, Article 6C NMSA 1978 before the revocation, suspension or
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0002| fine shall be effective.
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0003| [E.] D. Any charge filed against a licensee by
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0004| the department and the resulting disposition of the charge
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0005| shall be reported to the department of public safety and local
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0006| law enforcement agencies whose jurisdictions include the
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0007| licensed establishment."
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0008| Section 2. Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0009| Chapter 39, Section 47, as amended) is amended to read:
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0010| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES--
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0011| CHRISTMAS DAY SALES--SUNDAY SALES FOR CONSUMPTION OFF THE
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0012| LICENSED PREMISES--ELECTIONS.--
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0013| A. Alcoholic beverages shall be sold, served and
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0014| consumed on licensed premises only during the following hours
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0015| and days:
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0016| (1) on Mondays from 7:00 a.m. until midnight;
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0017| (2) on other weekdays from after midnight of
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0018| the previous day until 2:00 a.m., then from 7:00 a.m. until
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0019| midnight, except as provided in Subsections D, E and [H] G
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0020| of this section; and
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0021| (3) on Sundays only after midnight of the
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0022| previous day until 2:00 a.m., except as provided in
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0023| Subsections C and F of this section; provided, however,
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0024| nothing in this section shall prohibit the consumption at any
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0025| time of alcoholic beverages in guest rooms of hotels.
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0001| B. Alcoholic beverages shall be sold by a
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0002| dispenser or a retailer in unbroken packages, for consumption
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0003| off the licensed premises and not for resale, on Mondays
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0004| through Saturdays from 7:00 a.m. until 12:00 a.m. on the
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0005| following day, except as provided in Subsections D, E and
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0006| [H] G of this section.
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0007| C. Subject to the provisions of Subsections F and
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0008| [I] H of this section, a dispenser, restaurant licensee or
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0009| club may, upon payment of an additional fee of one hundred
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0010| dollars ($100), obtain a permit to sell, serve or permit the
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0011| consumption of alcoholic beverages by the drink on the
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0012| licensed premises on Sundays from 12:00 noon until midnight
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0013| and in those years when December 31 falls on a Sunday from
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0014| 12:00 noon until 2:00 a.m. of the following day, except as
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0015| otherwise provided in Subsection F of this section. The
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0016| permit shall expire on June 30 of each year and may be renewed
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0017| from year to year upon application for renewal and payment of
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0018| the required fee. The permit fee shall not be prorated.
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0019| Sales made pursuant to this subsection or Subsection [I] H
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0020| of this section shall be called "Sunday sales".
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0021| D. Retailers, dispensers, canopy licensees,
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0022| restaurant licensees, club licensees and governmental
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0023| licensees or [its] their lessees shall not sell, serve,
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0024| deliver or allow the consumption of alcoholic beverages on the
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0025| licensed premises during voting hours on the days of the
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0001| primary election, general election, elections for officers of
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0002| a municipality or any other election as prescribed by the
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0003| rules and regulations of the director.
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0004| E. Retailers, dispensers, canopy licensees that
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0005| were replaced by dispenser's licensees pursuant to Section
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0006| 60-6B-16 NMSA 1978, restaurant licensees, club licensees and
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0007| governmental licensees or [its] their lessees shall not
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0008| sell, serve, deliver or allow the consumption of alcoholic
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0009| beverages on the licensed premises from 2:00 a.m. on Christmas
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0010| day until 7:00 a.m. on the day after Christmas, except as
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0011| permitted pursuant to Subsection [H] G of this section.
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0012| F. At the 1984 general election, the secretary of
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0013| state shall order placed on the ballot in each local option
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0014| district the question "Shall Sunday sales of alcoholic
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0015| beverages by the drink for consumption on the licensed
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0016| premises of licensees be allowed in this local option
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0017| district?". If the secretary of state determines a need, he
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0018| may authorize the use of paper ballots for the purpose of the
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0019| election provided for pursuant to this subsection. Until such
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0020| election, Sunday sales shall be permitted on the same basis in
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0021| any local option district as provided under any former act,
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0022| and the election held at the first general election following
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0023| the effective date of the Liquor Control Act shall have no
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0024| effect on whether Sunday sales are permitted in any local
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0025| option district. If the question is disapproved by a majority
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0001| of those voting upon the question in the local option
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0002| district, Sunday sales shall be unlawful in that local option
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0003| district upon certification of the election returns, and the
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0004| question shall not again be placed on the ballot in that local
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0005| option district until:
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0006| (1) at least one year has passed; and
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0007| (2) a petition is filed with the local
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0008| governing body bearing the signatures of registered qualified
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0009| electors of the local option district equal in number to ten
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0010| percent of the number of votes cast and counted in the local
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0011| option district for governor in the last preceding general
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0012| election in which a governor was elected. The signatures on
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0013| the petition shall be verified by the clerk of the county in
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0014| which the local option district is situated.
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0015| [G. The local governing body of a local option
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district in an eligible county shall:
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(1) adopt a resolution within sixty days of
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April 7, 1989 calling for an election to place on the ballot
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the question "Shall a retailer or dispenser be allowed to sell
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or deliver alcoholic beverages at any time from a drive-up
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window?";
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(2) arrange for the election to be held
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within sixty days after the date the resolution is adopted;
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and
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(3) ensure that the election is called,
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conducted, counted and canvassed in the manner provided by law
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for elections within the county.
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As used in this subsection, "eligible county" means any
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county that, according to motor vehicle statistics reported to
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the state highway and transportation department during the
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years 1985 and 1986, convicted more than twenty-five persons
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for each one thousand licensed drivers of driving while
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intoxicated offenses.
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H.] G. On and after July 1, 1989, dispensers,
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0010| canopy licensees that were replaced by dispenser's licensees
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0011| pursuant to Section 60-6B-16 NMSA 1978, restaurant licensees,
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0012| club licensees and governmental licensees or lessees of these
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0013| licensees may sell, serve or allow the consumption of beer and
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0014| wine with meals on licensed premises from noon until 10:00
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0015| p.m. on Christmas day, except in a local option district in
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0016| which, pursuant to petition and election under this
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0017| subsection, a majority of the voters voting on the question
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0018| votes against continuing such sales or consumption on
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0019| Christmas day. An election shall be held on the question of
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0020| whether to continue to allow the sale, service or consumption
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0021| of beer and wine with meals on licensed premises from noon
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0022| until 10:00 p.m. on Christmas day in a local option district,
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0023| if a petition requesting the governing body of that district
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0024| to call the election is signed by at least ten percent of the
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0025| registered voters of the district and is filed with the clerk
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0001| of the governing body of the district. Upon verification by
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0002| the clerk that the petition contains the required number of
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0003| signatures of registered voters, the governing body shall
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0004| adopt a resolution calling an election on the question of
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0005| allowing the sale, service or consumption of beer and wine
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0006| with meals on licensed premises from noon until 10:00 p.m. on
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0007| Christmas day. The election shall be held within sixty days
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0008| after the date the petition is verified, or it may be held in
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0009| conjunction with a regular election of the governing body if
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0010| that election occurs within sixty days of such verification.
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0011| The election shall be called, conducted, counted and canvassed
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0012| in substantially the same manner as provided for general
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0013| elections in the county under the Election Code or for special
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0014| municipal elections in a municipality under the Municipal
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0015| Election Code. If a majority of the voters voting on the
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0016| question votes against continuing the sale, service or
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0017| consumption of beer and wine with meals on licensed premises
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0018| from noon until 10:00 p.m. on Christmas day, then such sales
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0019| and consumption shall be prohibited. If a majority of the
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0020| voters voting on the question votes to allow continued sale,
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0021| service and consumption of beer and wine with meals on
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0022| licensed premises from noon until 10:00 p.m. on Christmas day,
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0023| then such sales and consumption shall be allowed to continue.
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0024| The question then shall not be submitted again to the voters
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0025| within two years of the date of the last election on the
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0001| question.
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0002| [I.] H. Notwithstanding the provisions of
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0003| Subsection F of this section, any Indian tribe or pueblo whose
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0004| lands are wholly situated within the state that has, by
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0005| statute, ordinance or resolution, elected to permit the sale,
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0006| possession or consumption of alcoholic beverages on lands
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0007| within the territorial boundaries of the tribe or pueblo may,
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0008| by statute, ordinance or resolution of the governing body of
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0009| the Indian tribe or pueblo, permit Sunday sales by the drink
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0010| on the licensed premises of licensees on lands within the
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0011| territorial boundaries of the tribe or pueblo; provided that a
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0012| certified copy of such enactment is filed with the office of
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0013| the director and of the secretary of state.
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0014| [J.] I. Subject to the provisions of
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0015| Subsection [K] J of this section, a dispenser or retailer,
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0016| upon payment of an additional fee of one hundred dollars
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0017| ($100), may obtain a permit to sell alcoholic beverages in
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0018| unbroken packages for consumption off the licensed premises on
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0019| Sundays from 12:00 noon until midnight, and in those years
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0020| when December 31 falls on a Sunday, from 12:00 noon on
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0021| December 31 until 2:00 a.m. of the following day. The permit
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0022| shall expire on June 30 of each year and may be renewed from
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0023| year to year upon application for renewal and payment of the
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0024| required fee. The permit fee shall not be prorated. Sales
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0025| made pursuant to the provisions of this subsection shall be
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0001| called "Sunday package sales".
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0002| [K.] J. If a petition requesting the governing
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0003| body of a local option district to call an election on the
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0004| question of continuing to allow sales of alcoholic beverages
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0005| in unbroken packages for consumption off the licensed premises
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0006| on Sundays is filed with the clerk of the governing body and
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0007| that petition is signed by at least ten percent of the number
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0008| of registered voters of the local option district and the
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0009| clerk of the governing body verifies the petition signatures,
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0010| the governing body shall adopt a resolution calling an
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0011| election on the question. The election shall be held within
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0012| sixty days of the date the petition is verified, or it may be
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0013| held in conjunction with a regular election of the governing
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0014| body, if the regular election occurs within sixty days of the
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0015| petition verification. The election shall be called,
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0016| conducted, counted and canvassed substantially in the manner
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0017| provided by law for general elections within a county or
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0018| special municipal elections within a municipality. If a
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0019| majority of the voters of the local option district voting in
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0020| the election votes to allow the sale of alcoholic beverages in
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0021| unbroken packages for consumption off the licensed premises,
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0022| then those sales shall continue to be allowed. If a majority
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0023| of the voters of the local option district voting in the
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0024| election votes not to allow the Sunday package sales, then
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0025| those Sunday package sales shall be prohibited commencing
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0001| the first Sunday after the results of the election are
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0002| certified. Following the election, the question of allowing
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0003| the Sunday package sales shall not be submitted again to the
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0004| voters within two years of the date of the last election on
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0005| the question."
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0006| Section 3. Section 60-7A-22 NMSA 1978 (being Laws 1981,
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0007| Chapter 39, Section 108, as amended) is amended to read:
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0008| "60-7A-22. DRINKING IN PUBLIC ESTABLISHMENTS--SELLING OR
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0009| SERVING ALCOHOLIC BEVERAGES OTHER THAN IN LICENSED
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0010| ESTABLISHMENTS--SELLING OR DELIVERING ALCOHOLIC BEVERAGES
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0011| FROM A DRIVE-UP WINDOW.--
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0012| A. It is a violation of the Liquor Control Act for
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0013| any person to consume alcoholic beverages in any public
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0014| establishment unless the establishment is licensed to sell and
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0015| serve alcoholic beverages.
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0016| B. It is a violation of the Liquor Control Act for
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0017| any person not a licensee to sell, serve or permit the
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0018| consumption of alcoholic beverages in his public establishment
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0019| or private club.
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0020| C. [On or after the effective date of the Liquor
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Control Act, no new drive-up windows used for the sale of
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alcoholic beverages shall be permitted by the director;
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provided, however, licensed premises that include drive-up
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windows may be relocated and include a drive-up window if the
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lease on the current licensed premises expires] It is a
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0001| violation of the Liquor Control Act for any licensee to sell
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0002| or deliver alcoholic beverages from a drive-up window."
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0003|
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