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