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