0001|            SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
    |
0002|                           SENATE BILL 132
    |
0003|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
    |
0004|                                   
    |
0005|     
    |
0006|     
    |
0007|                                   
    |
0008|     
    |
0009|                                   
    |
0010|     
    |
0011|                                AN ACT
    |
0012|     RELATING TO SMALL BREWERS; AMENDING SECTIONS OF THE NMSA 1978;
    |
0013|     DECLARING AN EMERGENCY.
    |
0014|     
    |
0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0016|          Section 1.  Section 60-6A-26.1 NMSA 1978 (being Laws 1985,
    |
0017|     Chapter 217, Section 5, as amended) is amended to read:
    |
0018|          "60-6A-26.1.  SMALL BREWER'S LICENSE.--
    |
0019|               A.  In any local option district, a person qualified
    |
0020|     under the provisions of the Liquor Control Act, except as
    |
0021|     otherwise provided in the Domestic Winery and Small Brewery
    |
0022|     Act, may apply for and be issued a small brewer's license.
    |
0023|               B.  A small brewer's license authorizes the person
    |
0024|     to whom it is issued to [do any of the following]:
    |
0025|                    (1)  become a manufacturer or producer of beer;
    |
0001|                    (2)  [to] package, label and export beer,
    |
0002|     whether manufactured, bottled or produced by him or any other
    |
0003|     person;
    |
0004|                    (3)  [to] sell only [such] beer [as] that is
    |
0005|     packaged by or for him to a person holding a wholesaler's
    |
0006|     license or a small brewer's license;
    |
0007|                    (4)  [to] deal in warehouse receipts for beer;
    |
0008|                    (5)  [to] conduct beer tastings and sell for
    |
0009|     consumption on or off premises, but not for resale, beer
    |
0010|     produced and bottled by, or produced and packaged for, [such]
    |
0011|     the licensee on the small brewer's premises; [and]
    |
0012|                    (6)  [to] be deemed a manufacturer for purposes
    |
0013|     of the Gross Receipts and Compensating Tax Act; and
    |
0014|                    (7)  at public celebrations off the small
    |
0015|     brewer's premises, after the small brewer has paid the
    |
0016|     applicable fee for a small brewer's public celebration permit,
    |
0017|     conduct tastings and sell by the glass or in unbroken packages,
    |
0018|     but not for resale, beer produced and bottled by or for the
    |
0019|     small brewer.
    |
0020|               C.  Sales and tastings of beer authorized in this
    |
0021|     section shall be permitted during the hours set forth in
    |
0022|     Subsection A of Section 60-7A-1 NMSA 1978 and between the hours
    |
0023|     of noon and midnight on Sunday and shall conform to the
    |
0024|     limitations regarding Christmas and voting-day sales found in
    |
0025|     Section 60-7A-1 NMSA 1978 and the expansion of Sunday sales
    |
0001|     hours to 2:00 a.m. on January 1, when December 31 falls on a
    |
0002|     Sunday."
    |
0003|          Section 2.  Section 60-6A-27 NMSA 1978 (being Laws 1983,
    |
0004|     Chapter 280, Section 8, as amended) is amended to read:
    |
0005|          "60-6A-27.  LICENSE FEES.--Every application for the
    |
0006|     issuance or annual renewal of the following licenses and permits
    |
0007|     shall be accompanied by a license fee or permit fee in the
    |
0008|     following specified amounts:
    |
0009|               A.  brandy manufacturer's license, seven hundred fifty
    |
0010|     dollars ($750);
    |
0011|               B.  small brewer's license, seven hundred fifty dollars
    |
0012|     ($750);
    |
0013|               C.  winer's license, seven hundred fifty dollars
    |
0014|     ($750);
    |
0015|               D.  wine blender's license, seven hundred fifty dollars
    |
0016|     ($750);
    |
0017|               E.  wine exporter's license, five hundred dollars
    |
0018|     ($500);
    |
0019|               F.  winer's off-premises permit, two hundred dollars
    |
0020|     ($200) for each off-premises location; [and]
    |
0021|               G.  winer's public celebrations permit, [ten dollars
    |
0022|     ($10)] ten dollars ($10.00) for each public celebration; and
    |
0023|               H.  small brewer's public celebrations permit, ten
    |
0024|     dollars ($10.00) for each public celebration."
    |
0025|          Section 3.  EMERGENCY.--It is necessary for the public
    |
0001|     peace, health and safety that this act take effect immediately.
    |