New Mexico 2023 Regular Session

New Mexico House Bill HB364

Introduced
2/9/23  
Report Pass
2/17/23  
Report Pass
2/25/23  
Engrossed
3/7/23  
Report Pass
3/14/23  
Enrolled
3/17/23  
Chaptered
3/30/23  

Caption

Alcohol Delivery, Licenses & Ad Money

Impact

If enacted, HB 364 would standardize the regulatory environment surrounding alcoholic beverage delivery within the state, ensuring that all entities involved in the delivery process operate under similar legal standards. By requiring both alcohol delivery permit holders and third-party delivery services to adhere to rigorous licensing and insurance requirements, the bill aims to enhance consumer safety and reduce potential harms associated with alcohol delivery. Importantly, it also clarifies the roles and responsibilities of various participants in the delivery chain, thus aiming to prevent instances of non-compliance with existing liquor laws.

Summary

House Bill 364 seeks to amend the requirements for alcoholic beverage delivery permits in New Mexico. The bill sets forth regulations for both license holders and third-party delivery services, making it necessary for all delivery services to be licensed under the Liquor Control Act. It establishes guidelines for how alcoholic beverages may be delivered, mandates specific liability insurance amounts, and regulates advertising practices by prohibiting license holders from accepting money to preferentially list a product in their delivery systems.

Sentiment

The general sentiment regarding HB 364 appears to be cautiously supportive, especially among regulatory bodies and license holders who view it as a necessary step towards better control and oversight of alcohol delivery services. However, there are concerns among smaller businesses and delivery services about the potential burden of additional regulations and costs associated with obtaining licenses and insurance. Advocates for responsible drinking and community safety largely endorse the bill as a positive move towards protecting minors and preventing alcohol misuse in delivery settings.

Contention

Noteworthy points of contention around HB 364 include the potential financial impact on small businesses that may struggle to meet the new insurance and licensing requirements. Additionally, the ban on accepting advertising money to preferentially list products may affect the revenue models of some businesses that rely on promotional partnerships. Critics argue that these provisions may create barriers to entry for new players in the market while supporting established entities that can more easily adapt to the increased regulatory landscape.

Companion Bills

No companion bills found.

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