New Mexico § 60-6B-12 - Inter-local option district and inter-county transfers

§ 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, 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 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 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 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. 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. 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.