0001|                               AN ACT
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0002| RELATING TO ALCOHOL; AMENDING A SECTION OF THE LIQUOR CONTROL ACT
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0003| PERTAINING TO IMPORTATION OF WINE FOR PERSONAL USE.
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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 60-7A-3 NMSA 1978 (being Laws 1981, Chapter 39, Section 49, as
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0007| amended) is amended to read:
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0008|      "60-7A-3.  TRANSPORTATION INTO STATE WITHOUT PERMIT--EXPORTATION
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0009| OF ALCOHOLIC BEVERAGES WITHOUT PERMIT--IMPORTATION FOR PRIVATE
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0010| USE--RECIPROCAL SHIPPING--WHEN UNLAWFUL.--
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0011|           A.  Except as provided in Subsection E of this section, it is a violation of the
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0012| Liquor Control Act for any registered common carrier to knowingly deliver any shipment of
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0013| alcoholic beverages from another state to any person in this state without receiving at the time of
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0014| delivery a permit issued by the department covering the quantity and class of alcoholic beverages
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0015| to be delivered and requiring the shipment be transported from the shipper designated in the
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0016| permit to the designated consignee and from the designated point of origin to the destination
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0017| designated in the permit.
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0018|           B.  Except as provided in Subsections D and E of this section, it is a violation of
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0019| the Liquor Control Act for any person other than a registered common carrier to knowingly
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0020| transport from another state and deliver in this state any alcoholic beverages, unless the person
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0021| has in his possession on entering New Mexico a permit from the department for the quantity and
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0022| class of alcoholic beverages to be delivered, designating the name of the shipper and consignee
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0023| and the point of origin and destination of the alcoholic beverages.
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0024|           C.  Except as provided in Subsections D and E of this section, it is a violation of
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0025| the Liquor Control Act for any person to transport out of state any alcoholic beverages on which
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0001| the excise tax has not been paid, unless the shipment is accompanied by a permit issued by the
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0002| department for the exact quantity and class transported, showing the consignee's federal and state
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0003| license numbers and the point of origin and destination of the alcoholic beverages.
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0004|           D.  Any individual not a minor may transport or have shipped into or out of the
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0005| state any reasonable amount of alcoholic beverages for the exclusive purpose of his private use or
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0006| consumption, and nothing in the Liquor Control Act limits or applies to such private actions.
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0007|           E.  Any licensee or manufacturer in a state which affords New Mexico licensees
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0008| or manufacturers an equal reciprocal shipping privilege may ship for personal use and not for
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0009| resale not more than two cases of wine, each case containing no more than nine liters, per month
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0010| to any individual not a minor in this state.  Delivery of a shipment pursuant to this subsection
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0011| shall not be deemed to constitute a sale in this state and nothing in the Liquor Control Act limits
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0012| or applies to such shipments.  The shipping container of any wine sent into or out of this state
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0013| under this subsection shall be labeled clearly to indicate that the package cannot be delivered to a
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0014| minor or to an intoxicated person.
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0015|           F.  As used in this section, "in this state" means within the exterior boundaries of
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0016| the state."
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0017|      Section 2.  EFFECTIVE DATE.--The effective date of the provisions of this act is
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0018| July 1, 1997.                         
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