0001| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR | 0002| SENATE BILL 132 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO SMALL BREWERS; AMENDING SECTIONS OF THE NMSA 1978; | 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 1985, | 0017| 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 qualified | 0020| under the provisions of the Liquor Control Act, except as | 0021| otherwise provided in the Domestic Winery and Small Brewery | 0022| Act, may apply for and be issued a small brewer's license. | 0023| B. A small brewer's license authorizes the person | 0024| to whom it is issued to [do any of the following]: | 0025| (1) become a manufacturer or producer of beer; | 0001| (2) [to] package, label and export beer, | 0002| whether manufactured, bottled or produced by him or any other | 0003| person; | 0004| (3) [to] sell only [such] beer [as] that is | 0005| packaged by or for him to a person holding a wholesaler's | 0006| license or a small brewer's license; | 0007| (4) [to] deal in warehouse receipts for beer; | 0008| (5) [to] conduct beer tastings and sell for | 0009| consumption on or off premises, but not for resale, beer | 0010| produced and bottled by, or produced and packaged for, [such] | 0011| the licensee on the small brewer's premises; [and] | 0012| (6) [to] be deemed a manufacturer for purposes | 0013| of the Gross Receipts and Compensating Tax Act; and | 0014| (7) at public celebrations off the small | 0015| brewer's premises, after the small brewer has paid the | 0016| applicable fee for a small brewer's public celebration permit, | 0017| conduct tastings and sell by the glass or in unbroken packages, | 0018| but not for resale, beer produced and bottled by or for the | 0019| small brewer. | 0020| C. Sales and tastings of beer authorized in this | 0021| section shall be permitted during the hours set forth in | 0022| Subsection A of Section 60-7A-1 NMSA 1978 and between the hours | 0023| of noon and midnight on Sunday and shall conform to the | 0024| limitations regarding Christmas and voting-day sales found in | 0025| Section 60-7A-1 NMSA 1978 and the expansion of Sunday sales | 0001| hours to 2:00 a.m. on January 1, when December 31 falls on a | 0002| Sunday." | 0003| Section 2. Section 60-6A-27 NMSA 1978 (being Laws 1983, | 0004| Chapter 280, Section 8, as amended) is amended to read: | 0005| "60-6A-27. LICENSE FEES.--Every application for the | 0006| issuance or annual renewal of the following licenses and permits | 0007| shall be accompanied by a license fee or permit fee in the | 0008| following specified amounts: | 0009| A. brandy manufacturer's license, seven hundred fifty | 0010| dollars ($750); | 0011| B. small brewer's license, seven hundred fifty dollars | 0012| ($750); | 0013| C. winer's license, seven hundred fifty dollars | 0014| ($750); | 0015| D. wine blender's license, seven hundred fifty dollars | 0016| ($750); | 0017| E. wine exporter's license, five hundred dollars | 0018| ($500); | 0019| F. winer's off-premises permit, two hundred dollars | 0020| ($200) for each off-premises location; [and] | 0021| G. winer's public celebrations permit, [ten dollars | 0022| ($10)] ten dollars ($10.00) for each public celebration; and | 0023| H. small brewer's public celebrations permit, ten | 0024| dollars ($10.00) for each public celebration." | 0025| Section 3. EMERGENCY.--It is necessary for the public | 0001| peace, health and safety that this act take effect immediately. |