SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 238

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

AN ACT

RELATING TO ALCOHOLIC BEVERAGES; PROVIDING FOR SMALL BREWERS AND WINEGROWERS TO HOLD A RESTAURANT OR DISPENSER'S LICENSE AND A SMALL BREWER AND WINEGROWER LIMITED WHOLESALER'S LICENSE; PROVIDING FOR ISSUANCE OF A SMALL BREWER AND WINEGROWER LIMITED WHOLESALER'S LICENSE.

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

     SECTION 1. Section 60-7A-12 NMSA 1978 (being Laws 1981, Chapter 39, Section 78, as amended) is amended to read:

     "60-7A-12. OFFENSES BY DISPENSERS, CANOPY LICENSEES, RESTAURANT LICENSEES, GOVERNMENTAL LICENSEES OR THEIR LESSEES AND CLUBS.--It is a violation of the Liquor Control Act for any dispenser, canopy licensee, restaurant licensee, governmental licensee or its lessee or club to:

          A. receive any alcoholic beverages for the purpose [of] or with the intent of reselling the [same] alcoholic beverages from any person [other than one] unless the person is duly licensed to sell alcoholic beverages to dispensers for resale;

          B. sell; possess for the purpose of sale; or bottle [any] bulk wine for sale other than by the drink for immediate consumption on [his] its licensed premises;

           C. directly, indirectly or through [any] subterfuge, own, operate or control any interest in [any] a wholesale liquor establishment or liquor manufacturing or wine bottling firm; provided that this section shall not prevent:

                (1) a dispenser from owning an interest in [any] a legal entity, directly or indirectly or through an affiliate, that wholesales alcoholic beverages and that operates or controls an interest in an establishment operating pursuant to the provisions of Subsection B of Section 60-7A-10 NMSA 1978; or

                (2) a small brewer or winegrower licensed pursuant to the Domestic Winery, Small Brewery and Craft Distillery Act from holding an interest in a legal entity, directly or indirectly or through an affiliate, that holds a restaurant or a dispenser's license and a small brewer and winegrower limited wholesaler's license issued pursuant to the Liquor Control Act;

          D. sell or possess for the purpose of sale any alcoholic beverages at any location or place except [his] its licensed premises or the location permitted pursuant to the provisions of Section 60-6A-12 NMSA 1978;

          E. employ or engage a person to sell, serve or dispense alcoholic beverages if the person has not received alcohol server training within thirty days of employment; or

          F. employ or engage a person to sell, serve or dispense alcoholic beverages during a period when the server permit of that person is suspended or revoked."

     SECTION 2. A new section of Chapter 60, Article 6A NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SMALL BREWER AND WINEGROWER LIMITED WHOLESALER'S LICENSE.--In any local option district, a small brewer or a winegrower that is licensed pursuant to the Domestic Winery, Small Brewery and Craft Distillery Act and that also holds a restaurant license or a dispenser's license may apply for and be issued a small brewer and winegrower limited wholesaler's license. A small brewer that holds a small brewer and winegrower limited wholesaler's license shall only sell, offer for sale or ship beer manufactured by the small brewer. A winegrower that holds a small brewer and winegrower limited wholesaler's license shall only sell, offer for sale or ship wine manufactured by the winegrower."

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