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

SPONSOR Taylor

ORIGINAL DATE

LAST UPDATED

1/30/07

HB

SHORT TITLE Allow Removal of Partially Consumed Wine

SB 332

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates HB124

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Department of Public Safety (DPS)

Regulation and Licensing Department (RLD)

SUMMARY

Synopsis of Bill

Senate Bill 332 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

Licensing Department, Alcohol and Gaming Division prohibits the provision for consumption

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

establishment. NMAC 15.10.51.9. This bill would overrule that regulation with respect to open

wine bottles purchased with meals.

Senate Bill 332 – Page

2

ADMINISTRATIVE IMPLICATIONS

Senate Bill 332 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.

The Department of Public Safety, Special Investigations Division agents would need to monitor

establishments for compliance. Citations may be issued for non-compliance.

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.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Duplicates House Bill 124

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/csd