HB 151 — LIQUOR DELIVERIES BY LICENSED MINORS

HOUSE BILL 151 TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Patricio Ruiloba Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

AMENDING SECTIONS OF THE LIQUOR h CONTROL ACT TO ALLOW MINORS WHO ARE LICENSED UNDER THE NEW g o MEXICO COMMERCIAL HJCºDRIVER’S DRIVERS DRIVER’S»HJC LICENSE ACT TO t hr g e i k DELIVER PACKAGED ALCOHOLIC BEVERAGES.

h7 r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e u g e b l e e h SECTION 1.

Section 60-7B-10 NMSA 1978 (being Laws 1981, n d d i = = o h Chapter 39, Section 90, as amended) is amended to read:

l ] b ,d i a º e "60-7B-10.

MINORS IN LICENSED PREMISES--REGULATIONS.-- r i = r t e w d m a n o A.

Any person licensed pursuant to the provisions dof mthe :Liquor Control Act or any employee, agent or lessee of that person who permits a minor to enter and remain in any area of a licensed premises that is prohibited to the use of minors is guilty of a violation of the Liquor Control Act.

b e d s º o t n = .211246.2 s k m e e a n e d r e l u [ A d of the Liquor Control Act or any employee, agent or lessee of that person who permits a minor to enter and remain in any area of a licensed premises that is prohibited to the use of minors is guilty of a violation of the Liquor Control Act.

The director of the alcohol and gaming division HB 151/a of the regulation and licensing department shall adopt Page 1 regulations classifying the types of licensed premises or areas of licensed premises where minors may be present.

The director shall require that signs issued by the division be posted by h licensees to inform the public, including minors, of the areas g o t hr in licensed premises that are open to minors.

The regulations g e i k may allow minors in those areas of licensed premises where:

h r i s (1) the consumption of alcoholic beverages is h , t, the primary activity, when a minor is accompanied by a parent, e u g e b l e e h adult spouse or legal guardian;

[or ] n d d i = = o h (2) there is no consumption of alcoholic l ] b ,d i a º e beverages;

or r(3) ithe =minor ris tat eleast weighteen dyears mof aage nand olicensed (3)under the minorNew Mexico Commercial Driver's License Act and is atmaking leasta eighteendelivery yearsof packaged alcoholic beverages to a holder of da mdispenser's, :retailer's, restaurant, club, small brewer, winegrower, craft distiller, manufacturer's or rectifier or any other license that allows for the purchase and delivery of alcoholic beverages ." SECTION 2.

b e d s º o t n = .211246.2 s k m e - 2 - e a n e d r e l u [ A d age and licensed under the New Mexico Commercial Driver's License Act and is making a delivery of packaged alcoholic beverages to a holder of a dispenser's, HJCºrestaurant or club license retailer's, restaurant, club, small brewer, winegrower, craft distiller, manufacturer's or rectifier or any other license that allows for the purchase and delivery of alcoholic beverages»HJC ." SECTION 2.

Except as provided in Subsection B or C of this section, it is a violation of the Liquor Control Act for any HB 151/a Page 2 person licensed pursuant to the provisions of the Liquor Control Act or for any employee, agent or lessee of that person knowingly to employ or use the service of any minor in the sale and service of alcoholic beverages.

h g B.

A person holding a dispenser's, restaurant or o t hr g e club license may employ persons nineteen years of age or older i k h r to sell or serve alcoholic beverages in an establishment that i s h is held out to the public as a place where meals are prepared , t, e u g and served and the primary source of revenue is food, and where e b l e e h n d d i the sale or consumption of alcoholic beverages is not the = = o h l ] b ,d primary activity, except that a person under [the age of 21 ] i a º e r i = r twenty-one years of age shall not be employed as a bartender.

tC. e w d m a n o d m :

b e d s º o t n = .211246.2 s k m e - 3 - e a n e d r e l u [ A d C.

A person under the age of twenty-one shall not be HB 151/a Page 3 allowed to sample alcoholic beverages to accounts." SECTION 3.

-HB 4151/a -Page h4 u5 »7 r9 t25 h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .211246.2 s k m e e a n e d r e l u [ A d