Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR Rep. Trujillo

ORIGINAL DATE

LAST UPDATED

1/24/07

HB 124

SHORT TITLE

Allow Removal of Partially Consumed Wine

SB

ANALYST E Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Department of Public Safety (DPS)

SUMMARY

Synopsis of Bill

House Bill 124 would allow customers to remove a partially consumed bottle of wine from the

premises of the liquor licensee if the wine was purchased with a full-course meal and the licensee

seals the bottle with a cork and in a tamper proof bag and attaches the receipt. If the wine is

transported in a motor vehicle, the customer must comply with the open container law (NMSA

Section 66-8-138).

SIGNIFICANT ISSUES

According to the Attorney General’s office, a regulation adopted by the Regulation and Licens-

ing Department, Alcohol and Gaming Division prohibits the provision for consumption off-

premises, or removal of open containers of alcoholic beverages from a licensed liquor establish-

ment. NMAC 15.10.51.9. This bill would overrule that regulation with respect to open wine bot-

tles purchased with meals.

House Bill 124 – Page

2

ADMINISTRATIVE IMPLICATIONS

HB-124 would require a re-write of New Mexico Liquor Regulation Section 15.10.51.9

NMAC (Open Container Restrictions)

A. No one shall provide a person with an open container of alcoholic beverage for consumption

off the licensed premises or permit removal of an open container from the licensed premises.

B. No person shall remove an open container of an alcoholic beverage from a licensed premise.

OTHER SUBSTANTIVE ISSUES

Proposed change would allow restaurant licensees to sell wine for off-premise consumption.

Currently only full dispensers, retailers, winegrowers, and microbrewers can sell for off-premise

consumption.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

When two or more patrons purchase a bottle of wine for on-premise consumption, any wine

not consumed on-premise will be discarded.

EO/mt