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eBook details

• Title: Thompson V. Mckinley County
• Author : New Mexico Supreme Court
• Release Date : January 20, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Clarence Thompson and Tomada Enterprises, Inc., plaintiffs below and owners of retail liquor establishments with drive-up windows, appeal the dismissal of their complaint against McKinley County and the city of Gallup in an action seeking to declare unconstitutional NMSA 1978, Section 60-7A-1(F) (Cum. Supp. 1990, as amended 1991 N.M. Laws ch. 255).*fn1 That subsection of the Liquor Control Act, NMSA 1978, Sections 60-3A-1 to -8A-19 (Repl. Pamp. 1987 & Cum. Supp. 1990, as amended 1991 N.M. Laws ch. 255), provides for an election in eligible counties on the question "Shall a retailer or dispenser be allowed to sell or deliver alcoholic beverages at any time from a drive-up window?" An eligible county is defined as one "that, according to motor vehicle statistics reported to the state highway and transportation department during the years 1985 and 1986, convicted more than twenty-five persons for each one thousand licensed drivers of driving while intoxicated offenses." 60-7A-1(F).*fn2

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