Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 47-5006

April 8, 1947

BY: C. C. McCULLOH, Attorney General

TO: Jack McGarry Assistant District Attorney Carlsbad, New Mexico

{*27} In your letter of April 3, 1947, you request the opinion of this office on several questions based upon Sections 62-501 to 62-504, inclusive, New Mexico Statutes 1941 Compilation.

You set forth your question as follows:

1. The County Commissioners would like to know if Article 5 Chapter 62 applies to persons who own a liquor license to give dances?

2. What fee does the Justice of the Peace charge for issuing a special license to give a dance and what disposition is made of that fee?

3. If Article 5 of Chapter 62 {*28} applies to persons who own a liquor license to give dances who pays for the special deputy to police the dance?

I shall answer your questions in the manner in which you set them out. The answer to your first question is in the affirmative. I do not see where the fact that a person owns a liquor license would give him any rights under the sections set out above, in other words, if a person owns a liquor license and wants to give a dance he would still have to comply with Sections 62-501 to 62-504, inclusive.

The answer to your second question is that no fee is charged by the Justice of the Peace for issuing a special license to give a dance. The reason for this answer is that the statute does not make any provision for collecting a fee. While the 1941 Compilation shows an Attorney General's opinion in which it was stated that a $ 10.00 fee was payable, that opinion was written under a section of the law which was repealed in 1939. I might call your attention to Section 62-104, New Mexico Statutes, 1941 Compilation, provides a license tax upon the owners or operators of premises used as a place of public amusement such as public balls.

The answer to your third question is that the applicant would pay for the special deputy to police the dance. Section 62-501, New Mexico Statutes, 1941 Compilation, provides that the deputy is appointed in those cases where the person soliciting a license is not a competent person. No provision is made for paying such officer and no appropriation can be found which authorizes payment. Under those circumstances I believe that the applicant is the person who should pay the fee for the special deputy to police the dance.

By WM. R. FEDERICI,

Asst. Atty. General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.