SENATE BILL 673

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Ron Griggs

AN ACT

RELATING TO LIQUOR CONTROL; PROVIDING FOR CUSTOMERS TO BRING WINE TO A RESTAURANT FOR CONSUMPTION; ALLOWING LICENSEES TO CHARGE A FEE FOR UNCORKING AND SERVING CUSTOMERS' WINE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 60-3A-12 NMSA 1978 (being Laws 2007, Chapter 78, Section 1) is amended to read:

     "60-3A-12. UNCORKING CUSTOMER'S WINE--PARTIALLY CONSUMED BOTTLE OF WINE--LICENSED PREMISES.--

          A. A dispenser, canopy licensee or restaurant licensee may allow a customer to bring onto and consume on the licensed premises the customer's own bottle of wine. The dispenser or licensee may charge the customer a corkage fee for uncorking and serving the wine.

          [A.] B. Notwithstanding any other provision of law, a dispenser, canopy licensee or restaurant licensee may permit a customer of the licensee to remove from the licensed premises one opened bottle of partially consumed wine; provided that:

                (1) the customer has purchased a full-course meal and [a bottle of wine and] has consumed a portion of [the] a bottle of wine that the customer purchased on the licensed premises or brought onto the licensed premises pursuant to Subsection A of this section with the meal on the licensed premises; and

                (2) the dispenser, canopy licensee or restaurant licensee or an agent or employee of the dispenser, canopy licensee or restaurant licensee:

                     (a) attaches the customer receipt issued for the bottle of wine or the receipt issued for the full-course meal with the licensee's, agent's or employee's notation that states that the customer brought the customer's own bottle of wine onto the licensed premises; and

                     (b) reseals the bottle of partially consumed wine by reinserting a cork and sealing the bottle in a tamper-proof bag.

          [B.] C. When operating a motor vehicle, the customer shall possess and transport the partially consumed bottle of wine in accordance with Section 66-8-138 NMSA 1978."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.