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HOUSE BILL 478
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Rebecca Dow and Joshua N. Hernandez
AN ACT
RELATING TO ALCOHOLIC BEVERAGES; REVISING CRITERIA FOR THE
TRANSFER OF CERTAIN LIQUOR LICENSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 60-6B-12 NMSA 1978 (being Laws 1981,
Chapter 39, Section 113, as amended) is amended to read:
"60-6B-12. INTER-LOCAL OPTION DISTRICT AND INTER-COUNTY
TRANSFERS.--
A. Dispenser's and retailer's licenses originally
issued before July 1, 1981, except rural dispenser's and rural
retailer's licenses that were replaced by dispenser's licenses
pursuant to Section 60-6B-16 NMSA 1978, and except canopy
licenses replaced by dispenser's licenses pursuant to Section
60-6B-16 NMSA 1978 before calendar year 2017 or after calendar
year 2020, may be transferred to any location within the state,
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except class B counties having a population of between fifty-
six thousand and fifty-seven thousand according to the 1980
federal decennial census and the municipalities located within
those class B counties, [and any municipality or county that
prohibits by election the transfer of a license from another
local option district ] without regard to the limitations on the
maximum number of licenses provided in Section 60-6A-18 NMSA
1978, not otherwise contrary to law, subject to the approval of
transferring locations of those liquor licenses by the
governing body for that location; provided that the
requirements of the Liquor Control Act and department
regulations for the transfer of licenses are fulfilled; and
provided further that:
(1) beginning in calendar year 1997, no more
than ten dispenser's or retailer's licenses shall be
transferred to any local option district in any calendar year;
and
(2) the dispenser's or retailer's licenses
transferred under this section shall count in the computation
of the limitation of the maximum number of licenses that may be
issued in the future in any local option district as provided
in Section 60-6A-18 NMSA 1978 for the purpose of determining
whether additional licenses may be issued in the local option
district under the provisions of Subsection H of Section
60-6B-2 NMSA 1978.
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[B. Transfer of location of a liquor license
pursuant to Subsection A of this section shall become effective
upon approval of the local governing body, unless within one
hundred twenty days after the effective date of the Liquor
Control Act a petition requesting an election on the question
of approval of statewide transfers of liquor licenses into that
local option district is filed with the clerk of the local
option district and the petition is signed by at least five
percent of the number of registered voters of the district.
The clerk of the district shall verify the petition signatures.
If the petition is verified as containing the required number
of signatures of registered voters, the governing body shall
adopt a resolution calling an election on the question of
approving or disapproving statewide transfers of liquor
licenses into that district. Notice of such election shall be
published as provided in the Local Election Act, and the
election shall be held within sixty days after the date the
petition is verified or it may be held in conjunction with a
regular election of the governing body if such election occurs
within sixty days after the date of verification. If a
majority of the registered voters of the district voting in
such election votes to approve statewide transfers of liquor
licenses into the local option district, each license proposing
to be transferred shall be subject to the approval of the
governing body. If the voters of the district voting in the
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election vote against the approval, then all statewide
transfers of liquor licenses pursuant to Subsection A of this
section shall be prohibited in that district, unless a petition
is filed requesting the question be again submitted to the
voters as provided in this subsection. The question of
approving or disapproving statewide transfers of liquor
licenses into the local option district shall not be submitted
again within two years from the date of the last election on
the question.
C.] B. Any dispenser's license transferred pursuant
to this section outside its local option district shall [only ]
entitle the licensee to sell, serve or permit the consumption
of alcoholic beverages by the drink on the licensed premises;
provided that when the local option district to which a license
is transferred has fewer than or equal to the maximum number of
licenses allowed pursuant to Section 60-6A-18 NMSA 1978, the
license shall entitle the licensee to sell, serve or permit the
consumption of alcoholic beverages by the drink on the licensed
premises and in unbroken packages, including locally produced
growlers, for consumption and not for resale off the licensed
premises. This subsection shall not apply to any license
transferred out of a class B county having a population of
between fifty-six thousand and fifty-seven thousand according
to the 1980 federal decennial census.
[D.] C. Rural dispenser's, rural retailer's and
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rural club licenses issued under any former act may be
transferred to any [location, subject to the restrictions as to
location contained in the Liquor Control Act, within the
unincorporated area of the county in which they are currently
located; provided that they shall not be transferred to any
location within ten miles of another licensed premises; and ]
local option district within a county that has fewer than or
equal to the maximum number of licenses allowed pursuant to
Section 60-6A-18 NMSA 1978 ; provided [further] that all
requirements of the Liquor Control Act and department
regulations for the transfer of licenses are fulfilled."
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