SB0603PAS

SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 603

51st legislature - STATE OF NEW MEXICO - first session, 2013

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; CREATING A SMALL GROCER'S LICENSE FOR THE PACKAGE SALE OF BEER AND WINE.

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

SECTION 1. A new section of the Liquor Control Act is enacted to read:

"[NEW MATERIAL] SMALL GROCER'S LICENSE.--

A. As used in this section:

(1) "groceries" means staple foodstuffs, meats, produce, dairy products and household supplies; and

(2) "small grocer" means an establishment having a New Mexico resident as a proprietor or manager that is held out as a place where groceries are sold to the public and that is contained in a structure that will become the licensed premises that has a floor plan of no more than seven thousand five hundred square feet.

B. In a local option district, a person may apply for and be issued, after submitting an application prescribed by the director and meeting all the requirements of the Liquor Control Act, a small grocer's license to permit the sale of beer and wine in unbroken packages for consumption off the licensed premises and not for resale subject to the following conditions:

(1) the person shall submit evidence to the director that the person has the necessary licenses or permits to operate as a small grocer;

(2) the person shall satisfy the director that the primary source of revenue from the operation as a small grocer will be derived from the sale of groceries and not from the sale of beer and wine;

(3) the person may renew the license annually, and the director shall condition renewal upon a requirement that no less than fifty percent of gross receipts from the preceding twelve months' operation of the small grocer was derived from the sale of groceries;

(4) upon application for renewal, the person shall submit an annual report to the director indicating the annual gross receipts from the sale of groceries and from the sale of beer and wine;

(5) the sale of beer and wine shall end at the time the sale of groceries ends or at 11:00 p.m., whichever time is earlier;

(6) if Sunday sales have been approved in the local option district, the license shall permit, subject to Section 60-7A-1 NMSA 1978, the sale of beer and wine on Sundays until the time the sale of groceries ends or at 11:00 p.m., whichever time is earlier;

(7) the license shall not be transferable from person to person or from one location to another, and whenever a licensee ceases to operate as a small grocer at the licensed premises, the director shall cancel the license;

(8) the provisions of Section 60-6A-18 NMSA 1978 shall not apply to a small grocer's license; and

(9) except as otherwise specifically provided in this section for a small grocer's license, a small grocer's license is subject to the Liquor Control Act in the same manner as a retailer's license.

C. Nothing in this section shall prevent a small grocer licensee from receiving other licenses pursuant to the Liquor Control Act."

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. small grocer's license, seven hundred fifty dollars ($750);

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

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

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

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

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

[Q.] R. 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.] S. 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.] T. beer bottler's license, two hundred dollars ($200)."

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