A. On July 1, 1988, notwithstanding the provisions of Section 60-6A-18 NMSA 1978, each canopy license, upon the payment to the department of a one-time transfer tax of five thousand dollars ($5,000) and the applicable annual license renewal fee, shall become a dispenser's license.
B. The location of a dispenser's license issued pursuant to this section may only be transferred within the local option district in which the replaced canopy license was located on January 1, 1988 subject to the requirements of Sections 60-6B-2 and 60-6B-4 NMSA 1978 and the limitations set forth in Subsection E of this section. After a transfer of location as provided in this subsection, the license shall be operated by the person who transfers the location of the license for a period of at least one year from the date of approval of the transfer by the department.
C. Ownership of a dispenser's license issued pursuant to this section may be transferred in the same manner as provided for the transfer of ownership of dispenser's licenses issued under any former act to the Liquor Control Act [60-3A-1 NMSA 1978] subject to the requirements of Sections 60-6B-2 and 60-6B-4 NMSA 1978 and the limitations set forth in Subsection E of this section. After a transfer of ownership as provided in this subsection, the location of the license shall not be transferred for a period of at least one year from the date of approval of the transfer of ownership by the department.
D. A dispenser's license issued pursuant to this section may be leased in the same manner as provided for the lease of dispenser's licenses issued under any former act to the Liquor Control Act subject to approval of the department and the limitations set forth in Subsection E of this section.
E. If the location of a canopy license or a dispenser's license issued pursuant to this section is transferred prior to June 30, 1995 by a person who applies to the department to acquire ownership of the license after January 1, 1988 or if the location of a canopy license or a dispenser's license issued pursuant to this section is transferred prior to June 30, 1995 pursuant to a lease agreement entered into after January 1, 1988, the license shall only entitle the licensee or his lessee to sell, serve or permit the consumption of alcoholic beverages by the drink on the licensed premises. Sale of alcoholic beverages in unbroken packages for consumption off the licensed premises shall not be permitted after a transfer described in this subsection.
F. Any canopy license for which the transfer tax imposed by this section is not paid to the department by August 31, 1988 shall be subject to cancellation by the director as provided in Section 60-6B-5 NMSA 1978.
G. The department shall deposit all transfer taxes collected as provided in this section in the general fund.
History: 1978 Comp., § 60-6B-16, enacted by Laws 1988, ch. 12, § 4.
Repeals and reenactments. — Laws 1988, ch. 12, § 4, repeals former 60-6B-16 NMSA 1978, as enacted by Laws 1981, ch. 39, § 118, and enacts the above section, effective May 19, 1988.
Structure New Mexico Statutes
Chapter 60 - Business Licenses
Article 6B - License Provisions
Section 60-6B-1 - Persons prohibited from receiving or holding licenses.
Section 60-6B-2 - Applications.
Section 60-6B-3 - Wholesaler's lien.
Section 60-6B-4 - Issuance or transfer of license; approval of appropriate governing body.
Section 60-6B-5 - Expiration and renewal of licenses.
Section 60-6B-6 - Corporate licensees; limited partnership licensees; reporting.
Section 60-6B-7 - Cancellation of license for failure to engage in business.
Section 60-6B-9 - Discontinuance of business or death of licensee; judicial sales.
Section 60-6B-10 - Locations near church or school; restrictions on licensing.
Section 60-6B-12 - Inter-local option district and inter-county transfers.
Section 60-6B-14 - Canopy license definition.
Section 60-6B-16 - Special provisions for replacement of canopy licenses; transfer tax.
Section 60-6B-19 - Retailers and dispensers; segregated sales; table wines excepted.
Section 60-6B-20 - Licensed production facilities; alternating proprietorship.