A. Dispenser's and retailer's licenses originally issued before July 1, 1981, except rural dispenser's and rural retailer's licenses and canopy licenses that were replaced by dispenser's licenses pursuant to Section 60-6B-16 NMSA 1978, may be transferred to any location within the state, except class B counties having a population of between fifty-six thousand and fifty-seven thousand according to the 1980 federal decennial census, 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 [60-3A-1 NMSA 1978] 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.
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 Section 3-8-35 NMSA 1978, 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 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. 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.
D. Rural dispenser's, rural retailer's and 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 provided further that all requirements of the Liquor Control Act and department regulations for the transfer of licenses are fulfilled.
History: Laws 1981, ch. 39, § 113; 1984, ch. 58, § 5; 1985, ch. 183, § 1; 1991, ch. 257, § 3; 1997, ch. 55, § 1; 2015, ch. 114, § 1.
ANNOTATIONSCross references. — For definition of "department," see 60-3A-3F NMSA 1978.
The 2015 amendment, effective June 19, 2015, amended the Liquor Control Act by removing the restriction that the transfer of a dispenser's license does not lower the number of dispensers' and retailer's licenses below that number allowed by law in the local option district from which a license will be transferred and removed the requirement that the dispenser's or retailer's license that is transferred must be operated or leased by the person who transfers the license for at least one year from the date of the approval of the transfer; in the catchline, after "district", added "and inter-county"; in the introductory paragraph of Subsection A, deleted "All", after "transferring locations of", deleted "such" and added "those", after "liquor licenses", deleted "of" and added "by", after "governing body for that location", deleted "and", after "provided", deleted "all" and added "that", and after "provided further", added "that"; deleted Paragraph (1) of Subsection A and redesignated former Paragraphs (2) and (3) as Paragraphs (1) and (2) of Subsection A; in Paragraph (1) of Subsection A, after the second occurrence of "year", added "and"; in Paragraph (2) of Subsection A, after "Subsection", deleted "E" and added "H", and after "NMSA 1978", deleted "and"; deleted Paragraph (4) of Subsection A; at the beginning of Subsection B, deleted "Transfers" and added "Transfer", and after "location of", deleted "each" and added "a"; and in Subsection D, after "currently located; provided", added "that".
The 1997 amendment, effective April 8, 1997, in Paragraph A(1), added "beginning in calendar year 1997," to the beginning of the paragraph and substituted "ten" for "five" preceding "dispenser's"; in Paragraph A(4), inserted "or leased" following "shall be operated"; and in Subsection B, deleted "during the period of economic adjustment" at the end of the third sentence.
The 1991 amendment, effective June 14, 1991, deleted "Period of economic adjustment" at the beginning of the catchline; deleted former Subsections A to C and H, relating to the period of economic adjustment; redesignated former Subsections D to G as present Subsections A to D; in Subsection A, rewrote the introductory paragraph, added present Paragraph (2), redesignated former Paragraphs (2) and (3) as present Paragraphs (3) and (4) and deleted former Paragraph (4); in Subsection B, substituted "3-8-35" for "3-8-2" in the fourth sentence; substituted "transfer of licenses" for "issuance of new licenses" near the end of Subsection D; and made related changes and minor stylistic changes throughout the section.
Effective date of the Liquor Control Act. — The effective date of the Liquor Control Act, referred to in Subsection B, means the effective date of Laws 1981, Chapter 39, which is July 1, 1981.