SENATE BILL 330
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Phil A. Griego
AN ACT
RELATING TO ALCOHOL; AMENDING AND ENACTING SECTIONS OF THE LIQUOR CONTROL ACT TO PROVIDE FOR WINE BAR LICENSURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Liquor Control Act is enacted to read:
"[NEW MATERIAL] WINE BAR LICENSE.--In a local option district that has voted to approve the sale of alcoholic beverages, the director may issue a wine bar license upon application by a person qualified under the provisions of the Liquor Control Act subject to the following requirements and restrictions:
A. a wine bar licensee shall be allowed to sell wine for on-premises consumption and up to two closed bottles of wine per customer for off-premises consumption;
B. a wine bar license shall not be transferred from person to person or from one location to another;
C. a wine bar license shall expire annually and be subject to renewal upon application to the director by the licensee pursuant to Section 60-6B-5 NMSA 1978;
D. all sales, service and on-premises consumption of wine authorized by a wine bar license shall occur between the hours of 12:00 noon and midnight;
E. if Sunday sales have been approved in the local option district, a wine bar licensee may serve wine on Sundays only between the hours of 12:00 noon and midnight and as otherwise set forth in Section 60-7A-1 NMSA 1978; and
F. the provisions of Section 60-6A-18 NMSA 1978 shall not apply to wine bar licenses."
SECTION 2. Section 60-6A-12 NMSA 1978 (being Laws 1981, Chapter 39, Section 29, as amended) is amended to read:
"60-6A-12. SPECIAL DISPENSER'S PERMITS--STATE AND LOCAL FEES.--
A. [Any] A person holding a dispenser's or a wine bar license in [any] a local option district where a public celebration is to be held may dispense alcoholic beverages at the public celebration upon receiving written approval from the governing body in charge of the public celebration and upon the payment of fifty dollars ($50.00) to the department for a special dispenser's permit.
B. As used in this section, "public celebration" includes any state fair, county fair, community fiesta, cultural or artistic performance or professional athletic competition of a seasonal nature or activities held on an intermittent basis.
C. In addition to the state fee and if previously provided for by ordinance, the governing body of the local option district in which the public celebration is held may charge an additional fee not to exceed twenty-five dollars ($25.00) per day for each day the permittee dispenses alcoholic beverages. The permittee shall be subject to all state laws and regulations and all local regulations regulating dispenser's or wine bar's privileges and disabilities. All fees collected by the governing body of the local option district may be used to fund free ride home programs.
D. [Any] A person holding a dispenser's or a wine bar license may be issued a special dispenser's permit by the director allowing the dispensing of alcoholic beverages at a function catered by that business, provided the governing body of the local option district has given the person seeking the permit written approval to dispense alcoholic beverages at the catered function. [The] A person holding a wine bar license may be issued a special wine dispenser's permit by the director allowing the dispensing of wine at events held off of the licensed premises; provided that the governing body of the local option district has given the person seeking the permit written approval to dispense alcoholic beverages at the event.
A special dispenser's permit and a special wine dispenser's permit shall be valid for no more than twelve hours. To apply for the permit, the holder of a dispenser's or a wine bar license shall submit a fee of twenty-five dollars ($25.00) together with such information as the director may require. [The permittee shall be subject to all state laws and regulations and all local regulations except that the permittee shall not be required to suspend the dispensing of alcoholic beverages at the licensed premises solely because of the issuance of the special dispenser's permit.] Permittees under this section shall be subject to all local state laws and regulations and all local regulations, except that permittees shall not be required to suspend the dispensing of alcoholic beverages or wine at the licensed premises solely because of issuance of either a special dispenser's permit or special wine dispenser's permit.
E. The person holding a dispenser's license and [his] the person's employees shall be the only persons permitted to dispense alcohol during the function for which the permit was sought. Issuance of the special dispenser's permit is within the director's discretion and is subject to any reasonable requirements imposed by the director.
F. [Any] A person holding a dispenser's license in a local option district in which Sunday sales of alcoholic beverages are not otherwise permitted pursuant to the Liquor Control Act may dispense beer and wine on Sunday at [any] a public celebration for which it has received a concession from the governing body in charge of the public celebration, provided the governing body of that local option district has by resolution expressly permitted [such] beer and wine sales on Sunday at that public celebration in accordance with the provisions of this section.
G. [Any] A person holding a dispenser's license who dispenses alcoholic beverages at a church's public celebration under a special dispenser's permit pursuant to this section may donate to the church holding the public celebration any portion of the profits from the sale of alcoholic beverages at that public celebration. Employees of that dispenser or other individuals who have completed a certified alcohol server training program may donate to the church holding a public celebration their services as servers of alcoholic beverages at that public celebration."
SECTION 3. Section 60-6A-15 NMSA 1978 (being Laws 1981, Chapter 39, Section 32, as amended) is amended to read:
"60-6A-15. LICENSE FEES.--Every application for the issuance or renewal of the following licenses shall be accompanied by a license fee in the following specified amounts:
A. manufacturer's license as a distiller, except a brandy manufacturer, three thousand dollars ($3,000);
B. manufacturer's license as a brewer, three thousand dollars ($3,000);
C. manufacturer's license as a rectifier, one thousand fifty dollars ($1,050);
D. wholesaler's license to sell all alcoholic beverages for resale only, two thousand five hundred dollars ($2,500);
E. wholesaler's license to sell spirituous liquors and wine for resale only, one thousand seven hundred fifty dollars ($1,750);
F. wholesaler's license to sell spirituous liquors for resale only, one thousand five hundred dollars ($1,500);
G. wholesaler's license to sell beer and wine for resale only, one thousand five hundred dollars ($1,500);
H. wholesaler's license to sell beer for resale only, one thousand dollars ($1,000);
I. wholesaler's license to sell wine for resale only, seven hundred fifty dollars ($750);
J. retailer's license, one thousand three hundred dollars ($1,300);
K. dispenser's license, one thousand three hundred dollars ($1,300);
L. canopy license, one thousand three hundred dollars ($1,300);
M. restaurant license, one thousand fifty dollars ($1,050);
N. club license, for clubs with more than two hundred fifty members, one thousand two hundred fifty dollars ($1,250), and for clubs with two hundred fifty members or fewer, two hundred fifty dollars ($250);
O. wine bottler's license to sell to wholesalers only, five hundred dollars ($500);
P. public service license, one thousand two hundred fifty dollars ($1,250);
Q. nonresident licenses, for a total billing to New Mexico wholesalers:
(1) in excess of:
$3,000,000 annually. . . . . . . . . . . . . . . . . . $10,500;
1,000,000 annually. . . . . . . . . . . . . . . . . . . 5,250;
500,000 annually. . . . . . . . . . . . . . . . . . . 3,750;
200,000 annually. . . . . . . . . . . . . . . . . . . 2,700;
100,000 annually. . . . . . . . . . . . . . . . . . . 1,800;
and
50,000 annually. . . . . . . . . . . . . . . . . . . . 900;
and
(2) of $50,000 or less annually. . . . . $300;
R. wine wholesaler's license, for persons with sales of five thousand gallons of wine per year or less, twenty-five dollars ($25.00), and for persons with sales in excess of five thousand gallons of wine per year, one hundred dollars ($100); [and]
S. beer bottler's license, two hundred dollars ($200); and
T. wine bar license, one thousand fifty dollars ($1,050)."
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