HOUSE BILL 343

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Andrea Romero and Linda Serrato

 

 

 

 

 

AN ACT

RELATING TO ALCOHOL; AUTHORIZING THE DIRECTOR OF THE ALCOHOLIC BEVERAGE CONTROL DIVISION OF THE REGULATION AND LICENSING DEPARTMENT TO ISSUE DIRECT BEER SHIPMENT PERMITS; PROVIDING FOR INTERSTATE BEER COMPETITIONS AND PERMITS.

 

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

     SECTION 1. Section 60-6A-11.1 NMSA 1978 (being Laws 2011, Chapter 109, Section 1) is amended to read:

     "60-6A-11.1. DIRECT WINE SHIPMENT PERMIT--DIRECT BEER SHIPMENT PERMIT--AUTHORIZATION--RESTRICTIONS.--

          A. A licensee with a winegrower's or small brewer's license or a person licensed in a state other than New Mexico that holds a winery or brewery license may apply to the director for and the director may issue to the applicant a direct wine shipment permit or a direct beer shipment permit. An application for a direct wine shipment permit or a direct beer shipment permit shall include:

                (1) contact information for the applicant in a form required by the department;

                (2) an annual application fee of fifty dollars ($50.00) if the applicant does not hold a winegrower's or small brewer's license;

                (3) the number of the applicant's winegrower's or small brewer's license if the applicant is located in New Mexico or a copy of the applicant's winery or brewery license if the applicant is located in a state other than New Mexico; and

                (4) any other information or documents required by the director. Upon approval of an applicant for a permit, the director shall forward to the taxation and revenue department the name of each permittee and the contact information for the permittee.

          B. A direct wine shipment permit or a direct beer shipment permit shall be valid for a permit year. A permittee shall renew a direct wine shipment permit or a direct beer shipment permit annually as required by the department to continue making direct shipments of wine or beer to New Mexico residents.

          C. A permittee may ship:

                (1) not more than two nine-liter cases of wine or two twelve-quart cases of beer monthly to a New Mexico resident who is twenty-one years of age or older for the recipient's personal consumption or use, but not for resale; and

                (2) wine or beer directly to a New Mexico resident only in containers that are conspicuously labeled with the words:

"CONTAINS ALCOHOL

SIGNATURE OF PERSON 21 YEARS OR OLDER REQUIRED

FOR DELIVERY".

          D. A permittee shall:

                (1) register with the taxation and revenue department for the payment of liquor excise tax and gross receipts taxes due on the sales of wine or beer pursuant to the permittee's activities in New Mexico;

                (2) submit to the jurisdiction of New Mexico courts to resolve legal actions that arise from the shipping by the permittee of wine or beer into New Mexico to New Mexico residents;

                (3) monthly, by the twenty-fifth day of each month following the month in which the permittee was issued a direct wine shipment permit or a direct beer shipment permit, pay to the taxation and revenue department the liquor excise tax due and the gross receipts tax due; and

                (4) submit to an audit by an agent of the taxation and revenue department of the permittee's records of the wine or beer shipped pursuant to this section to New Mexico residents upon notice and during usual business hours.

          E. As used in this section:

                (1) "permit year" means the period between July 1 and June 30 of a year; and

                (2) "permittee" means a person that is the holder of a direct wine shipment permit or a direct beer shipment permit."

     SECTION 2. Section 60-6A-32 NMSA 1978 (being Laws 1998, Chapter 109, Section 7, as amended) is amended to read:

     "60-6A-32. INTERSTATE WINE AND BEER TASTINGS--COMPETITIONS--PERMITS.--

          A. Exempt from the procurement of any other license or permit issued pursuant to the terms of the Liquor Control Act, but not exempt from the procurement of a competition permit, is a winemaker, [or] winery, brewer or brewery licensed outside of New Mexico that desires to participate in a regional wine, cider, beer or spirituous liquor tasting or competition within New Mexico. One permit shall be issued by the director to an out-of-state winemaker, [or] winery, brewer or brewery for the duration of the wine or beer tasting or competition.

          B. A person issued a competition permit pursuant to this section may do any of the following:

                (1) bring no more than twenty-five cases of wine or seventy-five gallons of beer into New Mexico after indicating on the permit application the number of cases or amount to be brought into the state;

                (2) participate in the regional competition and wine or beer tastings associated with the competition for which the competition permit is issued;

                (3) participate in the regional wine or beer tasting for which the competition permit is issued; and

                (4) at a wine or beer tasting for which the person is issued the permit, conduct tasting of wine or beer and sell by the glass, can or bottle or in unbroken packages for consumption off the [wine-tasting] premises for wine or beer tasting, but not for resale, wine or beer brought into the state by the person for the wine or beer tasting or competition.

          C. Every application for the issuance of a competition permit shall be on a form prescribed by the director and accompanied by a permit fee of twenty-five dollars ($25.00).

          D. As used in this section:

                (1) "brewer" means a person who manufactures or produces beer;

                (2) "brewery" means an establishment at which beer is manufactured or produced and that is licensed for that purpose by the state or country in which it is located;

                [(1)] (3) "competition" means an event at which a jury of wine or beer tasters compares the quality of the wines or beer entered for judging and at which prizes are offered for the wines or beer judged to be of the best quality;

                [(2)] (4) "regional competition" means a competition at which the wines or beer to be judged are from more than one state or country;

                [(3)] (5) "regional wine or beer tasting" means a wine or beer tasting at which the wines or beer offered for tasting are from more than one state or country;

                [(4)] (6) "winemaker" means a person who manufactures or produces wine;

                [(5)] (7) "winery" means an establishment at which wine is manufactured or produced and that is licensed for that purpose by the state or country in which it is located; and

                [(6)] (8) "wine or beer tasting" means an event at which wines or beer are offered for tasting but not necessarily for sale and not for comparison for the purpose of awarding prizes to the wines or beer of the best quality."

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