44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO LIQUOR LICENSES; PROVIDING THAT CERTAIN LOW VOLUME NONRESIDENT DISTRIBUTORS SHALL PAY LICENSE FEES ANNUALLY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 60-6A-16 NMSA 1978 (being Laws 1981, Chapter 39, Section 33, as amended) is amended to read:

"60-6A-16. PRORATION OF FEES.--

A. The license fees required of retailers, dispensers, restaurants, clubs and public service licensees shall be prorated so that licenses issued prior to October 1 of any year shall be subject to the full amount of the annual license fee. Licenses issued on or subsequent to October 1 and prior to January 1 shall be subject to three-fourths of the annual license fee. Licenses issued on or subsequent to January 1 and prior to April 1 of a year shall be subject to one-half of the annual license fee. Licenses issued on or subsequent to April 1 shall be subject to one-fourth of the annual license fee.

B. All licenses issued to manufacturers, wine bottlers, [and] wholesalers and nonresident licenses of licensees with a total billing to New Mexico wholesalers of fifty thousand dollars ($50,000) or less shall be paid for at the yearly rate regardless of the date issued and shall expire on June 30 of the fiscal year for which the licenses are issued.

C. Nonresident licenses of licensees with a total billing to New Mexico wholesalers in excess of fifty thousand dollars ($50,000) annually and carrier registrations shall be prorated so that licenses issued before the end of the first year of the three-year license period are subject to the full amount of the license fee. Licenses issued on or after the end of the first year and before the end of the second year are subject to two-thirds of the license fee. Licenses issued on or after the end of the second year are subject to one-third of the license fee."

Section 2. Section 60-6B-5 NMSA 1978 (being Laws 1981, Chapter 39, Section 41, as amended) is amended to read:

"60-6B-5. EXPIRATION AND RENEWAL OF LICENSES.--All licenses provided for in the Liquor Control Act, except nonresident licenses of licensees with a total billing to New Mexico wholesalers in excess of fifty thousand dollars ($50,000) annually and common carrier registrations, shall expire on June 30 of each year and may be renewed from year to year under the rules of the department. Current nonresident licenses of licensees with a total billing to New Mexico wholesalers in excess of fifty thousand dollars ($50,000) annually and common carrier registrations [shall expire on June 30, 1998 and] may be renewed for three-year periods [thereafter]. The director shall determine whether any of the licensees under his jurisdiction are delinquent in any taxes administered by the taxation and revenue department as of June 1 of each renewal period. The director shall also determine whether [or not] there exists any other reason why a license should not be renewed. If the director determines that the license should not be renewed, he shall enter an order requiring the licensee, after notice, to show cause why his license should be renewed, and he shall conduct a hearing on the matter. If, after the hearing, the director finds that the licensee is qualified, he shall renew the license."