HB0077

HOUSE BILL 77

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Roberto "Bobby" J. Gonzales

AN ACT

RELATING TO LIQUOR CONTROL; CREATING A SPECIALTY LICENSE FOR GIFT SHOPS TO PERMIT SALES OF NEW MEXICO BEER AND WINE IN UNBROKEN PACKAGES TO INCREASE TOURIST TRADE.

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

SECTION 1. A new section of Chapter 60, Article 6A NMSA 1978 is enacted to read:

"[NEW MATERIAL] GIFT SHOP LICENSES.--

A. A local option district may approve issuance of gift shop licenses in that local option district by holding an election on the question "Shall gift shops be permitted to sell New Mexico beer and wine in unopened containers for consumption off premises in the local option district?", pursuant to the procedures set out in Section 60-5A-1 NMSA 1978. The election also may be initiated by a resolution adopted by the governing body of the local option district without a petition from registered qualified electors having been submitted.

B. If the majority of electors voting on the question vote to allow gift shop sales of New Mexico wines and beers, the governing body of the local option district shall inform the director that gift shop licenses may be issued in that local option district.

C. A gift shop licensee shall be subject to the following requirements and restrictions:

(1) a person granted a gift shop license: (a) shall not serve food or beverages, except as permitted by this section;

(b) shall not own, lease or manage another license issued pursuant to the Liquor Control Act; and

(2) the premises identified in an application for a gift shop license shall not be the premises identified for any other license issued pursuant to the Liquor Control Act;

(3) a gift shop licensee shall submit reports annually as required by the director, including:

(a) gross receipts from the sale of beer and wine, including separate reporting of sales of beer and wine shipped from the gift shop licensee's premises by common carrier; and

(b) the total annual gross receipts;

(4) gift shop licensees shall only sell beer and wine in unbroken packages produced in New Mexico by a licensed winegrower or small brewer that is for consumption off the licensed premises;

(5) a gift shop license shall not be transferable from person to person or from one location to another and shall have a term of one year, expiring each June 30 following issuance; and

(6) no more than the equivalent of four six-packs of twelve-ounce containers of beer or twelve seven hundred fifty milliliter bottles of wine may be sold to any one customer in one twenty-four-hour period.

D. The total annual gross receipts from sales from the licensed premises and the total gross receipts from the sale of beer and wine shall be reported in the annual report. The sales of beer and wine shall not exceed twenty percent of the total annual gross receipts of the gift shop licensee, except that gross receipts from sales of beer and wine shipped from the gift shop licensee's premises by common carrier shall not be included in the calculation of the twenty percent beer and wine sales from the licensed premises.

E. If a gift shop licensee that reports sales of beer and wine in its annual report of greater than twenty percent of the gift shop licensee's gross receipts, the license to sell beer and wine, issued pursuant to the Liquor Control Act, shall be revoked and the gift shop licensee shall not apply for a new gift shop license for twenty-four months.

F. The beer and wine sold on the licensed premises shall be held at an appropriate temperature for storage and shall not be chilled, so as not to encourage immediate consumption.

G. The provisions of Section 60-6A-18 NMSA 1978 do not apply to a gift shop license and shall not be considered by the director in approving the issuance of a gift shop license. H. Employees of the gift shop licensee shall be twenty-one years of age or older to sell beer and wine on the premises of a gift shop licensee.

I. Beer and wine shall not be available for consumption on the premises of a gift shop licensee.

J. The initial application for a gift shop license shall include an application fee of two hundred dollars ($200)."

SECTION 2. Section 60-6A-15 NMSA 1978 (being Laws 1981, Chapter 39, Section 32, as amended) is amended to read:

"60-6A-15. LICENSE FEES.--Every application for the issuance or renewal of the following licenses shall be accompanied by a license fee in the following specified amounts:

A. manufacturer's license as a distiller, except a brandy manufacturer, three thousand dollars ($3,000);

B. manufacturer's license as a brewer, three thousand dollars ($3,000);

C. manufacturer's license as a rectifier, one thousand fifty dollars ($1,050);

D. wholesaler's license to sell all alcoholic beverages for resale only, two thousand five hundred dollars ($2,500);

E. wholesaler's license to sell spirituous liquors and wine for resale only, one thousand seven hundred fifty dollars ($1,750);

F. wholesaler's license to sell spirituous liquors for resale only, one thousand five hundred dollars ($1,500);

G. wholesaler's license to sell beer and wine for resale only, one thousand five hundred dollars ($1,500);

H. wholesaler's license to sell beer for resale only, one thousand dollars ($1,000);

I. wholesaler's license to sell wine for resale only, seven hundred fifty dollars ($750);

J. retailer's license, one thousand three hundred dollars ($1,300);

K. dispenser's license, one thousand three hundred dollars ($1,300);

L. canopy license, one thousand three hundred dollars ($1,300);

M. restaurant license, one thousand fifty dollars ($1,050);

N. club license, for clubs with more than two hundred fifty members, one thousand two hundred fifty dollars ($1,250), and for clubs with two hundred fifty members or fewer, two hundred fifty dollars ($250);

O. wine bottler's license to sell to wholesalers only, five hundred dollars ($500);

P. public service license, one thousand two hundred fifty dollars ($1,250);

Q. nonresident licenses, for a total billing to New Mexico wholesalers:

(1) in excess of:

$3,000,000 annually. . . . . . . . . . . . . . . . . . $10,500;

1,000,000 annually. . . . . . . . . . . . . . . . . . . 5,250;

500,000 annually. . . . . . . . . . . . . . . . . . . 3,750;

200,000 annually. . . . . . . . . . . . . . . . . . . 2,700;

100,000 annually. . . . . . . . . . . . . . . . . . . 1,800;

and

50,000 annually. . . . . . . . . . . . . . . . . . . . 900;

and

(2) of $50,000 or less. . . . . . . . . . .$300;

R. wine wholesaler's license, for persons with sales of five thousand gallons of wine per year or less, twenty-five dollars ($25.00), and for persons with sales in excess of five thousand gallons of wine per year, one hundred dollars ($100); [and]

S. beer bottler's license, two hundred dollars ($200); and

T. gift shop license, one thousand three hundred dollars ($1,300)."

SECTION 3. A new section of Chapter 60, Article 6B NMSA 1978 is enacted to read:

"[NEW MATERIAL] SHIPMENT OF DOMESTIC BEER AND WINE BY CERTAIN LICENSEES.--A holder of a current small brewer's, retailer's or gift shop license is authorized to ship by common carrier from its premises beer produced and bottled in New Mexico by the holder of a small brewer's license and wine produced and bottled in New Mexico by the holder of a winegrower's license to those jurisdictions in the United States that permit the receipt of those shipments by retail purchasers. A gift shop licensee shall not ship more than the equivalent of four six-packs of twelve-ounce containers of beer or twelve seven hundred fifty milliliter bottles of wine to any address or to any single purchaser in any one twenty-four-hour period."

SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

- 8 -