New Mexico 2025 Regular Session

New Mexico House Bill HB498 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 498
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
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35	35	OF
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37	37	NEW
38	38
39	39	MEXICO
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41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Rebecca Dow and Joshua N. Hernandez
48	48	AN ACT
49	49	RELATING TO ALCOHOLIC BEVERAGES; REVISING CRITERIA FOR THE
50	50	TRANSFER OF CERTAIN LIQUOR LICENSES.
51	51	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
52	52	SECTION 1. Section 60-6B-12 NMSA 1978 (being Laws 1981,
53	53	Chapter 39, Section 113, as amended) is amended to read:
54	54	"60-6B-12. INTER-LOCAL OPTION DISTRICT AND INTER-COUNTY
55	55	TRANSFERS.--
56	56	A. Dispenser's and retailer's licenses originally
57	57	issued before July 1, 1981, except rural dispenser's and rural
58	58	retailer's licenses that were replaced by dispenser's licenses
59	59	pursuant to Section 60-6B-16 NMSA 1978, and except canopy
60	60	licenses replaced by dispenser's licenses pursuant to Section
61	61	60-6B-16 NMSA 1978 before calendar year 2017 or after calendar
62	62	year 2020, may be transferred to any location within the state,
63	63	.229480.2 underscored material = new
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90	90	except class B counties having a population of between fifty-
91	91	six thousand and fifty-seven thousand according to the 1980
92	92	federal decennial census, the municipalities located within
93	93	those class B counties and any municipality or county that
94	94	prohibits by election the transfer of a license from another
95	95	local option district, without regard to the limitations on the
96	96	maximum number of licenses provided in Section 60-6A-18 NMSA
97	97	1978, not otherwise contrary to law, subject to the approval of
98	98	transferring locations of those liquor licenses by the
99	99	governing body for that location; provided that the
100	100	requirements of the Liquor Control Act and department
101	101	regulations for the transfer of licenses are fulfilled; and
102	102	provided further that:
103	103	(1) beginning in calendar year 1997, no more
104	104	than ten dispenser's or retailer's licenses shall be
105	105	transferred to any local option district in any calendar year;
106	106	and
107	107	(2) the dispenser's or retailer's licenses
108	108	transferred under this section shall count in the computation
109	109	of the limitation of the maximum number of licenses that may be
110	110	issued in the future in any local option district as provided
111	111	in Section 60-6A-18 NMSA 1978 for the purpose of determining
112	112	whether additional licenses may be issued in the local option
113	113	district under the provisions of Subsection H of Section
114	114	60-6B-2 NMSA 1978.
115	115	.229480.2
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143	143	B. Transfer of location of a liquor license
144	144	pursuant to Subsection A of this section shall become effective
145	145	upon approval of the local governing body, unless within one
146	146	hundred twenty days after the effective date of the Liquor
147	147	Control Act a petition requesting an election on the question
148	148	of approval of statewide transfers of liquor licenses into that
149	149	local option district is filed with the clerk of the local
150	150	option district and the petition is signed by at least five
151	151	percent of the number of registered voters of the district.
152	152	The clerk of the district shall verify the petition signatures.
153	153	If the petition is verified as containing the required number
154	154	of signatures of registered voters, the governing body shall
155	155	adopt a resolution calling an election on the question of
156	156	approving or disapproving statewide transfers of liquor
157	157	licenses into that district. Notice of such election shall be
158	158	published as provided in the Local Election Act, and the
159	159	election shall be held within sixty days after the date the
160	160	petition is verified or it may be held in conjunction with a
161	161	regular election of the governing body if such election occurs
162	162	within sixty days after the date of verification. If a
163	163	majority of the registered voters of the district voting in
164	164	such election votes to approve statewide transfers of liquor
165	165	licenses into the local option district, each license proposing
166	166	to be transferred shall be subject to the approval of the
167	167	governing body. If the voters of the district voting in the
168	168	.229480.2
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196	196	election vote against the approval, then all statewide
197	197	transfers of liquor licenses pursuant to Subsection A of this
198	198	section shall be prohibited in that district, unless a petition
199	199	is filed requesting the question be again submitted to the
200	200	voters as provided in this subsection. The question of
201	201	approving or disapproving statewide transfers of liquor
202	202	licenses into the local option district shall not be submitted
203	203	again within two years from the date of the last election on
204	204	the question.
205	205	C. Any dispenser's license transferred pursuant to
206	206	this section outside its local option district shall [only ]
207	207	entitle the licensee to sell, serve or permit the consumption
208	208	of alcoholic beverages by the drink on the licensed premises;
209	209	provided that when the local option district to which a license
210	210	is transferred has fewer than the maximum number of licenses
211	211	allowed pursuant to Section 60-6A-18 NMSA 1978, the license
212	212	shall entitle the licensee to sell, serve or permit the
213	213	consumption of alcoholic beverages by the drink on the licensed
214	214	premises and in unbroken packages, including locally produced
215	215	growlers, for consumption and not for resale off the licensed
216	216	premises. This subsection shall not apply to any license
217	217	transferred out of a class B county having a population of
218	218	between fifty-six thousand and fifty-seven thousand according
219	219	to the 1980 federal decennial census.
220	220	D. Rural dispenser's, rural retailer's and rural
221	221	.229480.2
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249	249	club licenses issued under any former act may be transferred to
250	250	any [location, subject to the restrictions as to location
251	251	contained in the Liquor Control Act, within the unincorporated
252	252	area of the county in which they are currently located;
253	253	provided that they shall not be transferred to any location
254	254	within ten miles of another licensed premises ] local option
255	255	district within a county that has fewer than the maximum number
256	256	of licenses allowed pursuant to Section 60-6A-18 NMSA 1978 ;
257	257	[and] provided [further] that all requirements of the Liquor
258	258	Control Act and department regulations for the transfer of
259	259	licenses are fulfilled."
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261	261	.229480.2