SB 149 — RENAME ALCOHOL & GAMING DIVISION

SENATEAN BILLACT 149RELATING 54TO THEXECUTIVE LEGISLATURE-REORGANIZATION; STATE OF NEW MEXICO - FIRST SESSIO, 2019 INTRODUCED BY Ron Griggs and Cliff R.

Pirtle 6 8 10 AN ACT RELATING TO EXECUTIVE REORGANIZATION;

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

Section 9-16-4 NMSA 1978 (being Laws 1983, e t 17 Chapter 297, Section 20, as amended) is amended to read:

w l n d 18 "9-16-4.

DEPARTMENT ESTABLISHED.--[ThereESTABLISHED.--The is created in = = 19 the executive branch] The "regulation and licensing department" a l i a e r 20 is created in the executive branchbranch. .

The department shall not a t m m 21 be a cabinet department.

The department shall consist of but d r e 22 not be limited to [six ] the following divisionsdivisions: [as follows]:

c e s k 23 A.

e a n b 24 B.

u [ C.

.212100.1SA D.

the [alcohol and gaming ] alcoholic beverage control division." SECTION 2.

SB 149 Page 1 A.

"alcoholic beverages" means distilled or rectified spirits, potable alcohol, powdered alcohol, frozen or freeze-dried alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the e e 17 foregoing containing more than one-half percent alcohol, but e e n d 18 excluding medicinal bitters;

= = l ] 19 B.

"beer" means an alcoholic beverage obtained by a l r i 20 the fermentation of any infusion or decoction of barley, malt t e a t and hops or other cereals in water, and includes porter, beer, m m 21 e d r e 22 ale and stout;

c e r c 23 C.

"brewer" means a person who owns or operates a e a n b 24 business for the manufacture of beer;

u [ D.

"cider" means an alcoholic beverage made from .212100.1SA - 2 - the normal alcoholic fermentation of the juice of sound, ripe apples that contains not less than one-half of one percent alcohol by volume and not more than seven percent alcohol by volume;

(1) any nonprofit group, including an auxiliary or subsidiary group, organized and operated under the laws of this state, with a membership of not less than fifty members who pay membership dues at the rate of not less than five dollars ($5.00) per year and who, under the SB 149 Page 2 constitution and bylaws of the club, have all voting rights and full membership privileges, and which group is the owner, lessee or occupant of premises used exclusively for club purposes and which group the director finds:

e e 17 and e e n d 18 (b) has been granted an exemption by the = = l ] 19 United States from the payment of the federal income tax as a a l r i 20 club under the provisions of Section 501(a) of the Internal t e a t Revenue Code of 1986, as amended, or, if the applicant has not m m 21 e d r e 22 operated as a club for a sufficient time to be eligible for the c e r c 23 income tax exemption, it must execute and file with the e a n b 24 director a sworn letter of intent declaring that it will, in u [ good faith, apply for an income tax exemption as soon as it is .212100.1SA - 3 - eligible;

"commission" means the secretary of public safety when the term is used in reference to the enforcement SB 149 Page 3 and investigatory provisions of the Liquor Control Act and means the superintendent of regulation and licensing when the term is used in reference to the licensing provisions of the Liquor Control Act;

"department" means the New Mexico state police division of the department of public safety when the term is e e 17 used in reference to the enforcement and investigatory e e n d 18 provisions of the Liquor Control Act and means the director of = = l ] 19 the [alcohol and gaming ] alcoholic beverage control division of a l r i 20 the regulation and licensing department when the term is used t e a t in reference to the licensing provisions of the Liquor Control m m 21 e d r e 22 Act;

c e r c 23 H.

"director" means the chief of the New Mexico e a n b 24 state police division of the department of public safety when u [ the term is used in reference to the enforcement and .212100.1SA - 4 - investigatory provisions of the Liquor Control Act and means the director of the [alcohol and gaming ] alcoholic beverage control division of the regulation and licensing department when the term is used in reference to the licensing provisions of the Liquor Control Act;

"dispenser" means a person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in the person's possession with the intent to sell alcoholic beverages both by the drink for consumption on the licensed premises and in unbroken packages, including growlers, for consumption and not for resale off the licensed SB 149 Page 4 premises;

"golf course" means a tract of land and facilities used for playing golf and other recreational activities that includes tees, fairways, greens, hazards, e e 17 putting greens, driving ranges, recreational facilities, e e n d 18 patios, pro shops, cart paths and public and private roads that = = l ] 19 are located within the tract of land;

a l r i 20 L.

"governing body" means the board of county t e a t commissioners of a county or the city council or city m m 21 e d r e 22 commissioners of a municipality;

c e r c 23 M.

"growler" means a clean, refillable, resealable e a n b 24 container that has a liquid capacity that does not exceed one u [ gallon and that is intended and used for the sale of beer, wine .212100.1SA - 5 - or cider for consumption off premises;

The establishment or complex must maintain for the use of its guests a minimum of twenty-twenty-five five sleeping rooms;

"licensed premises" means the contiguous areas or areas connected by indoor passageways of a structure and the outside dining, recreation and lounge areas of the SB 149 Page 5 structure and the grounds and vineyards of a structure that is a winery that are under the direct control of the licensee and from which the licensee is authorized to sell, serve or allow the consumption of alcoholic beverages under the provisions of its license;

provided that in the case of a restaurant, "licensed premises" includes a restaurant that has operated continuously e e 17 in two separate structures since July 1, 1987 and that is e e n d 18 located in a local option district that has voted to disapprove = = l ] 19 the transfer of liquor licenses into that local option a l r i 20 district, hotel, golf course, ski area or racetrack and all t e a t public and private rooms, facilities and areas in which m m 21 e d r e 22 alcoholic beverages are sold or served in the customary c e r c 23 operating procedures of the restaurant, hotel, golf course, ski e a n b 24 area or racetrack.

"Licensed premises" also includes rural u [ dispenser licenses located in the unincorporated areas of a .212100.1SA - 6 - county with a population of less than thirty thousand, located in buildings in existence as of January 1, 2012, that are within one hundred fifty feet of one another and that are under the direct control of the license holder;

"local option district" means a county that has voted to approve the sale, serving or public consumption of alcoholic beverages, or an incorporated municipality that falls within a county that has voted to approve the sale, serving or public consumption of alcoholic beverages, or an SB 149 Page 6 incorporated municipality of over five thousand population that has independently voted to approve the sale, serving or public consumption of alcoholic beverages under the terms of the Liquor Control Act or any former act;

"minor" means a person under twenty-one years of e e 17 age;

e e n d 18 S.