New Mexico SB 204: ALCOHOL & PRIVATE CELEBRATIONS

Bill Text

SB 204
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AN ACT
RELATING TO ALCOHOLIC BEVERAGES; PROVIDING FOR WINE AND BEER
SALES AT PRIVATE CELEBRATIONS; DEFINING "PRIVATE
CELEBRATIONS"; ALLOWING WINEGROWER AND SMALL BREWER SUNDAY
SALES TO BEGIN AT 11:00 A.M.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 60-6A-11 NMSA 1978 (being Laws 1981,
Chapter 39, Section 28, as amended by Laws 2015, Chapter 102,
Section 4 and by Laws 2015, Chapter 105, Section 1 and also
by Laws 2015, Chapter 124, Section 1) is amended to read:
"60-6A-11. WINEGROWER'S LICENSE.--
A. A person in this state who produces wine is
exempt from the procurement of any other license pursuant to
the terms of the Liquor Control Act, but not from the
procurement of a winegrower's license. Except during periods
of shortage or reduced availability, at least fifty percent
of a winegrower's overall annual production of wine shall be
produced from grapes or other agricultural products grown in
this state pursuant to rules adopted by the director;
provided, however, that, for purposes of determining annual
production and compliance with the fifty percent New Mexico
grown provision of this subsection, the calculation of a
winegrower's overall annual production of wine shall not
include the winegrower's production of wine for out-of-state

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wine producer license holders.
B. A person issued a winegrower's license pursuant
to this section may do any of the following:
(1) manufacture or produce wine, including
blending, mixing, flavoring, coloring, bottling and labeling,
whether the wine is manufactured or produced for a winegrower
or an out-of-state wine producer holding a permit issued
pursuant to the Federal Alcohol Administration Act and a
valid license in a state that authorizes the wine producer to
manufacture, produce, store or sell wine;
(2) store, transport, import or export
wines;
(3) sell wines to a holder of a New Mexico
winegrower's, wine wholesaler's, wholesaler's or wine
exporter's license or to a winegrower's agent;
(4) transport not more than two hundred
cases of wine in a calendar year to another location within
New Mexico by common carrier;
(5) deal in warehouse receipts for wine;
(6) sell wines in other states or foreign
jurisdictions to the holders of a license issued under the
authority of that state or foreign jurisdiction authorizing
the purchase of wine;
(7) buy wine or distilled wine products from
other persons, including licensees and permittees under the

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Liquor Control Act, for use in blending, mixing or bottling
of wines;
(8) buy or otherwise obtain beer from a
small brewer for the purposes described in this subsection;
(9) conduct wine tastings and sell, by the
glass or by the bottle, or sell in unbroken packages for
consumption off the premises, but not for resale, wine of the
winegrower's own production, wine produced by another New
Mexico winegrower on the winegrower's premises or beer
produced and bottled by or for a small brewer pursuant to
Section 60-6A-26.1 NMSA 1978;
(10) at no more than three off-premises
locations, conduct wine tastings, sell by the glass and sell
in unbroken packages for consumption off premises, but not
for resale, wine of the winegrower's own production, wine
produced by another New Mexico winegrower or beer produced
and bottled by or for a small brewer pursuant to Section
60-6A-26.1 NMSA 1978 after the director has determined that
the off-premises locations meet the requirements of the
Liquor Control Act and the department rules for new liquor
license locations;
(11) be deemed a manufacturer for purposes
of the Gross Receipts and Compensating Tax Act;
(12) at public celebrations on or off the
winegrower's premises, after the winegrower has paid the

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applicable fees and been issued the appropriate permit, to
conduct wine tastings, sell by the glass or the bottle, or
sell in unbroken packages, for consumption off premises, but
not for resale, wine produced by or for the winegrower;
(13) at private celebrations on or off the
winegrower's premises after the winegrower has paid the
applicable fees and been issued the appropriate permit, sell:
(a) by the glass or bottle, wine
produced by or for the winegrower; or
(b) by the glass, beer produced by a
small brewer pursuant to Section 60-6A-26.1 NMSA 1978;
(14) sell wine or cider in a growler for
consumption off premises; and
(15) in accordance with the provisions of
this section that relate to the sale of wine, accept and
fulfill an order for wine that is placed via an internet
website, whether the financial transaction related to the
order is administered by the licensee or the licensee's
agent.
C. Sales of wine or beer as provided for in this
section shall be p