0001| SENATE BILL 129
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| ROMAN M. MAES III
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO LIQUOR LICENSE FEES; IMPOSING A FEE FOR A SMALL
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0012| BREWER'S OFF-PREMISES PERMIT; CREATING AN OFF-PREMISES PERMIT;
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0013| DECLARING AN EMERGENCY.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 60-6A-26.1 NMSA 1978 (being Laws
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0017| 1985, Chapter 217, Section 5, as amended) is amended to read:
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0018| "60-6A-26.1. SMALL BREWER'S LICENSE.--
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0019| A. In any local option district, a person
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0020| qualified under the provisions of the Liquor Control Act,
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0021| except as otherwise provided in the Domestic Winery and Small
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0022| Brewery Act, may apply for and be issued a small brewer's
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0023| license.
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0024| B. A small brewer's license authorizes the person
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0025| to whom it is issued to:
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0001| (1) become a manufacturer or producer of
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0002| beer;
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0003| (2) package, label and export beer, whether
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0004| manufactured, bottled or produced by him or any other person;
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0005| (3) sell only beer that is packaged by or for
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0006| him to a person holding a wholesaler's license or a small
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0007| brewer's license;
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0008| (4) deal in warehouse receipts for beer;
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0009| (5) conduct beer tastings and sell for
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0010| consumption on or off premises, but not for resale, beer
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0011| produced and bottled by, or produced and packaged for, the
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0012| licensee on the small brewer's premises;
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0013| (6) be deemed a manufacturer for purposes of
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0014| the Gross Receipts and Compensating Tax Act; [and]
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0015| (7) at public celebrations off the small
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0016| brewer's premises, after the small brewer has paid the
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0017| applicable fee for a small brewer's public celebration permit,
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0018| conduct tastings and sell by the glass or in unbroken
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0019| packages, but not for resale, beer produced and bottled by or
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0020| for the small brewer;
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0021| (8) at no more than two other locations off
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0022| the small brewer's premises, after the small brewer has paid
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0023| the applicable fee for a small brewer's off-premises permit,
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0024| after the director has determined that the off-premises
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0025| locations meet the requirements of the Liquor Control Act and
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0001| department regulations for new liquor license locations and
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0002| after the director has issued a small brewer's off-premises
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0003| permit for each off-premises location, conduct beer tastings
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0004| and sell by the glass or in unbroken packages for consumption
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0005| off the small brewer's off-premises location, but not for
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0006| resale, beer produced and bottled by or for the small brewer;
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0007| and
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0008| (9) allow members of the public, on the
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0009| licensed premises and under the direct supervision of the
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0010| licensee, to manufacture beer for personal consumption and not
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0011| for resale using the licensee's equipment and ingredients.
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0012| C. Sales and tastings of beer authorized in this
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0013| section shall be permitted during the hours set forth in
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0014| Subsection A of Section 60-7A-1 NMSA 1978 and between the
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0015| hours of noon and midnight on Sunday and shall conform to the
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0016| limitations regarding Christmas and voting-day sales found in
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0017| Section 60-7A-1 NMSA 1978 and the expansion of Sunday sales
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0018| hours to 2:00 a.m. on January 1, when December 31 falls on a
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0019| Sunday."
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0020| Section 2. Section 60-6A-27 NMSA 1978 (being Laws 1983,
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0021| Chapter 280, Section 8, as amended) is amended to read:
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0022| "60-6A-27. LICENSE FEES.--Every application for the
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0023| issuance or annual renewal of the following licenses and
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0024| permits shall be accompanied by a license fee or permit fee in
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0025| the following specified amounts:
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0001| A. brandy manufacturer's license, seven hundred
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0002| fifty dollars ($750);
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0003| B. small brewer's license, seven hundred fifty
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0004| dollars ($750);
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0005| C. winer's license, seven hundred fifty dollars
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0006| ($750);
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0007| D. wine blender's license, seven hundred fifty
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0008| dollars ($750);
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0009| E. wine exporter's license, five hundred dollars
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0010| ($500);
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0011| F. winer's off-premises permit, two hundred
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0012| dollars ($200) for each off-premises location;
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0013| G. winer's public celebrations permit, ten dollars
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0014| ($10.00) for each public celebration; [and]
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0015| H. small brewer's public celebrations permit, ten
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0016| dollars ($10.00) for each public celebration; and
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0017| I. small brewer's off-premises permit, two hundred
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0018| dollars ($200) for each off-premises location."
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0019| Section 3. EMERGENCY.--It is necessary for the public
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0020| peace, health and safety that this act take effect
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0021| immediately.
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0022|
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