Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 14-1338

September 25, 1914

BY: F. W. CLANCY, Attorney General

TO: Mr. Luciano Maes, Cleveland, New Mexico.

LIQUOR LICENSE.

Retail liquor license shall not issue within sixty days prior to general election.

OPINION

{*199} I have just received your letter of the 22nd inst., and in answer, I am compelled to say that the Clerk, when he refused to issue you a retail liquor license, was acting in exact accordance with the statute. You will find the law on this point in Section 4138 of the Compiled Laws of 1897, which forbids the issuance of any retail liquor license within sixty days prior to any general election. The next general election will be held on the third day of November, so that you can see that no license could lawfully be issued after the third day of September.

 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.