Except for licenses issued prior to July 1, 1981, the director shall not issue retailer's or dispenser's licenses where the licensed premises would be within one and one-half miles in any direction measured from the exterior boundaries of a United States military installation where United States military troops are domiciled. Provided, however, such licenses may be issued or transferred subject to the discretion of the director for operation in an area within the one-and-one-half-mile limitation if a portion of the area lies within the incorporated limits of any municipality, but no license shall be issued for or transferred to a location within two hundred yards of any entrance to the military installation.

History: Laws 1981, ch. 39, § 46.

Cross references. — As to prohibition of liquor sales within one mile of a national guard camp, see 20-9-3 NMSA 1978.

"Restricted area" surrounding army posts intended by legislature. — A construction of this section by which existing licenses, lying both within and outside the one-and-one-half-mile zone, could be renewed and transferred to within such zone, gives no effect or purpose to the section. 1957 Op. Att'y Gen. No. 57-259.

No new or additional licenses within restricted area. — It was the intent of the legislature that no new or additional liquor licenses were to be approved for areas extending one and one-half miles from the exterior boundary of a military installation or reservation where federal troops are stationed. 1959 Op. Att'y Gen. No. 59-58.

Meaning of "domiciled". — It must be concluded that the term "domiciled," as used in the statute, refers to the assigned or stationed status of the personnel on the post. Troops who are bivouacked on the range are domiciled thereon regardless of the length of their stay. 1959 Op. Att'y Gen. No. 59-58.

Measurement contemplated under section is in straight line from the nearest point on the boundary of the army post. 1944 Op. Att'y Gen. No. 44-4627.

Measurement contemplated from outermost reaches of reservation. — The legislation intended that the outermost reaches of a military reservation where troops are stationed must be looked to in determining and fixing the one-and-one-half-mile area restricted from selling of intoxicating beverages. 1959 Op. Att'y Gen. No. 59-58.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Measurement and computation of distances for purpose of statute or ordinance prohibiting license for sale of intoxicating liquor within given distance from certain institutions or property, 4 A.L.R.3d 1250.

48 C.J.S. Intoxicating Liquors § 136.