SENATE BILL 454

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO LIQUOR CONTROL; ALLOWING SMALL BREWER'S LICENSEES TO CONDUCT BEER TASTINGS AND SALES AT THREE OFF-PREMISES LOCATIONS; RECONCILING CONFLICTING AMENDMENTS TO THE SAME SECTION OF LAW BY REPEALING LAWS 2001, CHAPTER 248, SECTION 2.

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

     SECTION 1. Section 60-6A-26.1 NMSA 1978 (being Laws 1985, Chapter 217, Section 5, as amended by Laws 2001, Chapter 248, Section 2 and by Laws 2001, Chapter 260, Section 2) is amended to read:

     "60-6A-26.1. SMALL BREWER'S LICENSE.--

          A. In [any] a local option district, a person qualified [under] pursuant to the provisions of the Liquor Control Act, except as otherwise provided in the Domestic Winery, [and] Small Brewery and Craft Distillery Act, may apply for and be issued a small brewer's license.

          B. A small brewer's license authorizes the person to whom it is issued to:

                (1) [become a manufacturer or producer of] manufacture or produce beer;

                (2) package, label and export beer, whether manufactured, bottled or produced by [him] the licensee or any other person;

                (3) sell only beer that is packaged by or for [him] the licensee to a person holding a wholesaler's license or a small brewer's license;

                (4) deal in warehouse receipts for beer;

                (5) conduct beer tastings and sell for consumption on or off premises, but not for resale, beer produced and bottled by, or produced and packaged for, the licensee or produced and bottled by or for another New Mexico small brewer on the small brewer's premises;

                (6) be deemed a manufacturer for purposes of the Gross Receipts and Compensating Tax Act;

                (7) at public celebrations off the small brewer's premises, after the small brewer has paid the applicable fee for a small brewer's public celebration permit, conduct tastings and sell by the glass or in unbroken packages, but not for resale, beer produced and bottled by or for the small brewer;

                (8) at no more than [two] three other locations off the small brewer's premises, after the small brewer has paid the applicable fee for a small brewer's off-premises permit, after the director has determined that the off-premises locations meet the requirements of the Liquor Control Act and department rules for new liquor license locations and after the director has issued a small brewer's off-premises permit for each off-premises location, conduct beer tastings and sell by the glass or in unbroken packages for consumption off the small brewer's off-premises location, but not for resale, beer produced and bottled by or for the small brewer or beer produced and bottled by or for another New Mexico small brewer; and

                (9) allow members of the public, on the licensed premises and under the direct supervision of the licensee, to manufacture beer for personal consumption and not for resale using the licensee's equipment and ingredients.

          C. At public celebrations off the small brewer's premises in [any] a local option district permitting the sale of alcoholic beverages, the holder of a small brewer's license shall pay ten dollars ($10.00) to the alcohol and gaming division of the regulation and licensing department for a "small brewer's public celebration permit" to be issued [under] pursuant to rules adopted by the director. Upon request, the alcohol and gaming division of the regulation and licensing department may issue to a holder of a small brewer's license a public celebration permit for a location at the public celebration that is to be shared with other small brewers and winegrowers. As used in this subsection, "public celebration" includes [any] a state or county fair, community fiesta, cultural or artistic event, sporting competition of a seasonal nature or activities held on an intermittent basis.

          D. Sales and tastings of beer authorized in this section shall be permitted during the hours set forth in Subsection A of Section 60-7A-1 NMSA 1978 and between the hours of noon and midnight on Sunday and shall conform to the limitations regarding Christmas [and voting] day sales found in Section 60-7A-1 NMSA 1978 and the expansion of Sunday sales hours to 2:00 a.m. on January 1, when December 31 falls on a Sunday."

     SECTION 2. REPEAL.--Laws 2001, Chapter 248, Section 2 is repealed.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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