Legal Limit

[slacker]

Irregular News for 07.11.06

 

Las Cruces, NM -- Bar owners are upset about proposed changes in state liquor regulations that could make it easier to fine them or revoke their licenses.

 

Opponents at a hearing on the proposals Thursday were especially concerned about the impact to their business if someone is found with a high percentage of alcohol in their blood after leaving their establishment.

 

Under the proposal, an alcohol level of 0.14 percent or higher within two hours of the sale, service or consumption of alcohol will be considered evidence that the person was intoxicated at the time of the sale -- subjecting the business to a violation for selling to intoxicated people. The current regulation limits the time frame to an hour.

 

Liquor license owners said a person's alcohol content is likely to be higher as time passes and more alcohol is absorbed into the bloodstream, and questioned how they could adequately determine someone's sobriety. The state's legal limit for intoxication is 0.08 percent.

 

"The fact is I'm not a drinker," bar owner and state Sen. Mary Jane Garcia, D-Doña Ana, said at the hearing, which drew more than 100 people. "I despise drinking, but I have to make a living."

 

Current regulations are tough enough and the proposed ones aren't enforceable, she said.

 

"How is the state going to send someone to everywhere alcohol is served?" Garcia asked.

 

Business owners protested that they shouldn't be held responsible for what someone does after leaving their establishment, and said there's no way to know if someone drank more afterward.

 

The state Alcohol and Gaming Division also proposes to reduce the number of violations required for the state to revoke a liquor license. Currently, a business can lose its liquor license after five violations within 12 months involving sales to minors or intoxicated persons.

 

The state wants to be able to revoke a license after four violations for selling to minors and after two violations of selling to intoxicated persons. In both cases, fines would be doubled to $10,000.

 

Opponents said the proposals would make it difficult to do business and would shift the blame from the customer to the business owner. Supporters said the changes shouldn't be a concern to businesses that follow the law.

 

"I think if you are responsible you don't have to be afraid to have your license revoked," said Erica Ramos of Doña Ana, whose father was killed last

 

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[huskernumerouno]

why should a bar owner be held responsible. They do not twist peoples arms and make them drink. Fine the drunk for being drunk in public, throw him in jail for drunk driving but don't regulate a bar owner out of making a living.

[cubhusker23]

How aboot they just bring back prohibition in NM. What's the point of drinking if you can't get drunk. Talk aboot government overstepping their bounds.

[gamecocks]

Totally agree at these points.