0001|
|
0002| SENATE BILL 1062
|
0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0004| INTRODUCED BY
|
0005| MANNY M. ARAGON
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| AN ACT
|
0012| RELATING TO ALCOHOLIC BEVERAGES; AMENDING THE DEFINITION OF
|
0013| DISPENSER; PROVIDING FOR NONCOMMERCIAL BREWING FACILITIES;
|
0014| AMENDING SECTIONS OF THE NMSA 1978.
|
0015|
|
0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0017| Section 1. Section 60-3A-3 NMSA 1978 (being Laws 1981,
|
0018| Chapter 39, Section 3, as amended) is amended to read:
|
0019| "60-3A-3. DEFINITIONS.--As used in the Liquor Control
|
0020| Act:
|
0021| A. "alcoholic beverages" means distilled or
|
0022| rectified spirits, potable alcohol, brandy, whiskey, rum, gin
|
0023| and aromatic bitters bearing the federal internal revenue strip
|
0024| stamps or any similar alcoholic beverage, including blended or
|
0025| fermented beverages, dilutions or mixtures of one or more of
|
0001| the foregoing containing more than one-half of one percent
|
0002| alcohol, but excluding medicinal bitters;
|
0003| B. "beer" means any alcoholic beverage obtained by
|
0004| the fermentation of any infusion or decoction of barley, malt
|
0005| and hops or other cereals in water, and includes porter, beer,
|
0006| ale and stout;
|
0007| C. "brewer" means any person who owns or operates a
|
0008| business for the manufacture of beer;
|
0009| D. "club" means:
|
0010| (1) any nonprofit group, including an
|
0011| auxiliary or subsidiary group, organized and operated under the
|
0012| laws of this state with a membership of not less than fifty
|
0013| members who pay membership dues at the rate of not less than
|
0014| five dollars ($5.00) per year and who, under the constitution
|
0015| and bylaws of the club, have all voting rights and full
|
0016| membership privileges and which group is the owner, lessee or
|
0017| occupant of premises used exclusively for club purposes and
|
0018| which group the director finds:
|
0019| (a) is operated solely for recreation,
|
0020| social, patriotic, political, benevolent or athletic purposes;
|
0021| and
|
0022| (b) the proposed licensee has been
|
0023| granted an exemption by the United States from the payment of
|
0024| the federal income tax as a club under the provisions of
|
0025| Section 501(a) of the Internal Revenue Code of 1954, as amended
|
0001| or, if the applicant has not operated as a club for a
|
0002| sufficient time to be eligible for the income tax exemption, it
|
0003| must execute and file with the director a sworn letter of in-
|
0004|
|
0005| tent declaring that it will, in good faith, apply for such
|
0006| exemption as soon as it is eligible; or
|
0007| (2) an airline passenger membership club
|
0008| operated by an air common carrier [which] that maintains or
|
0009| operates a clubroom at an international airport terminal. For
|
0010| the purposes of this paragraph, "air common carrier" means a
|
0011| person engaged in regularly scheduled air transportation
|
0012| between fixed termini under a certificate of public convenience
|
0013| and necessity issued by the civil aeronautics board;
|
0014| E. "commission" means the secretary of public
|
0015| safety when the term is used in reference to the enforcement
|
0016| and investigatory provisions of the Liquor Control Act and
|
0017| means the superintendent of regulation and licensing when the
|
0018| term is used in reference to the licensing provisions of the
|
0019| Liquor Control Act;
|
0020| F. "department" means the special investigations
|
0021| division of the department of public safety [department]
|
0022| when the term is used in reference to the enforcement and
|
0023| investigatory provisions of the Liquor Control Act and means
|
0024| the superintendent of regulation and licensing when the term is
|
0025| used in reference to the licensing provisions of the Liquor
|
0001| Control Act;
|
0002| G. "director" means the director of the special
|
0003| investigations division of the department of public safety
|
0004| [department] when the term is used in reference to the
|
0005| enforcement and investigatory provisions of the Liquor Control
|
0006| Act and means the superintendent of regulation and licensing
|
0007| when the term is used in reference to the licensing provisions
|
0008| of the Liquor Control Act;
|
0009| H. "dispenser" means any person licensed under the
|
0010| provisions of the Liquor Control Act selling, offering for sale
|
0011| or having in his possession with the intent to sell alcoholic
|
0012| beverages both by the drink for consumption on the licensed
|
0013| premises and in unbroken packages for consumption [and not for
|
resale] off the licensed premises;
|
0015| I. "distiller" means any person engaged in
|
0016| manufacturing spirituous liquors;
|
0017| J. "governing body" means the board of county
|
0018| commissioners of a county or the city council or city
|
0019| commissioners of a municipality;
|
0020| K. "hotel" means any establishment or complex
|
0021| having a resident of New Mexico as a proprietor or manager and
|
0022| where, in consideration of payment, meals and lodging are
|
0023| regularly furnished to the general public. The establishment
|
0024| or complex must maintain for the use of its guests a minimum of
|
0025| twenty-five sleeping rooms;
|
0001| L. "licensed premises" means the contiguous areas
|
0002| or areas connected by indoor passageways of a structure and the
|
0003| outside dining, recreation and lounge areas of the structure
|
0004| [which] that are under the direct control of the licensee
|
0005| and from which the licensee is authorized to sell, serve or
|
0006| allow the consumption of alcoholic beverages under the
|
0007| provisions of its license; provided that in the case of a
|
0008| restaurant, hotel or racetrack, "licensed premises" includes
|
0009| all public and private rooms, facilities and areas in which al-
|
0010|
|
0011| coholic beverages are sold or served in the customary operating
|
0012| procedures of the restaurant, hotel or racetrack;
|
0013| M. "local option district" means any county
|
0014| [which] that has voted to approve the sale, serving or
|
0015| public consumption of alcoholic beverages, or any incorporated
|
0016| municipality [which] that falls within a county [which]
|
0017| that has voted to approve the sale, serving or public
|
0018| consumption of alcoholic beverages, or any incorporated
|
0019| municipality of over five thousand population [which] that
|
0020| has independently voted to approve the sale, serving or public
|
0021| consumption of alcoholic beverages under the terms of the
|
0022| Liquor Control Act or any former act;
|
0023| N. "manufacturer" means a distiller, rectifier,
|
0024| brewer or winer;
|
0025| O. "minor" means any person under twenty-one years
|
0001| of age;
|
0002| P. "package" means any immediate container of
|
0003| alcoholic beverages [which] that is filled or packed by a
|
0004| manufacturer or wine bottler for sale by the manufacturer or
|
0005| wine bottler to wholesalers;
|
0006| Q. "person" means an individual, corporation, firm,
|
0007| partnership, copartnership, association or other legal entity;
|
0008| R. "rectifier" means any person who blends, mixes
|
0009| or distills alcohol with other liquids or substances for the
|
0010| purpose of making an alcoholic beverage for the purpose of sale
|
0011| other than to the consumer by the drink, and includes all
|
0012| bottlers of spirituous liquors;
|
0013| S. "restaurant" means any establishment having a
|
0014| New Mexico resident as a proprietor or manager [which] that
|
0015| is held out to the public as a place where meals are prepared
|
0016| and served primarily for on-premises consumption to the general
|
0017| public in consideration of payment and [which] that has a
|
0018| dining room, a kitchen and the employees necessary for
|
0019| preparing, cooking and serving meals; provided that
|
0020| "restaurant" does not include establishments as defined in
|
0021| regulations promulgated by the director serving only
|
0022| hamburgers, sandwiches, salads and other fast foods;
|
0023| T. "retailer" means any person licensed under the
|
0024| provisions of the Liquor Control Act selling, offering for sale
|
0025| or having in his possession with the intent to sell any
|
0001| alcoholic beverages in unbroken packages for consumption and
|
0002| not for resale off the licensed premises;
|
0003| U. "spirituous liquors" means alcoholic beverages
|
0004| as defined in Subsection A of this section except fermented
|
0005| beverages such as wine, beer and ale;
|
0006| V. "wholesaler" means any person whose place of
|
0007| business is located in New Mexico and who sells, offers for
|
0008| sale or possesses for the purpose of sale any alcoholic
|
0009| beverages for resale by the purchaser;
|
0010| W. "wine" includes the words "fruit juices" and
|
0011| means alcoholic beverages obtained by the fermentation of the
|
0012| natural sugar contained in fruit or other agricultural
|
0013| products, with or without the addition of sugar or other
|
0014| products, [which] that do not contain less than one-half of
|
0015| one percent nor more than twenty-one percent alcohol by volume;
|
0016| X. "wine bottler" means any New Mexico wholesaler
|
0017| who is licensed to sell wine at wholesale for resale only and
|
0018| who buys wine in bulk and bottles it for wholesale resale; and
|
0019| Y. "winer" means any person who owns or operates a
|
0020| business for the manufacture of wine."
|
0021| Section 2. Section 60-6A-26.1 NMSA 1978 (being Laws 1985,
|
0022| Chapter 217, Section 5, as amended) is amended to read:
|
0023| "60-6A-26.l. SMALL BREWER'S LICENSE.--
|
0024| A. In any local option district, a person qualified
|
0025| under the provisions of the Liquor Control Act, except as
|
0001| otherwise provided in the Domestic Winery and Small Brewery
|
0002| Act, may apply for and be issued a small brewer's license.
|
0003| B. A small brewer's license authorizes the person
|
0004| to whom it is issued to do any of the following:
|
0005| (l) become a manufacturer or producer of beer;
|
0006| (2) [to] package, label and export beer,
|
0007| whether manufactured, bottled or produced by him or any other
|
0008| person;
|
0009| (3) [to] sell only such beer as is packaged
|
0010| by or for him to a person holding a wholesaler's license or a
|
0011| small brewer's license;
|
0012| (4) [to] deal in warehouse receipts for beer;
|
0013| (5) [to] conduct beer tastings and sell for
|
0014| consumption on or off premises, but not for resale, beer
|
0015| produced and bottled by, or produced and packaged for, such
|
0016| licensee on the small brewer's premises; [and]
|
0017| (6) allow members of the public, on the
|
0018| licensed premises and under the direct supervision of the
|
0019| licensee, to manufacture beer for personal consumption and not
|
0020| for resale, using the licensee's equipment and ingredients;
|
0021| (7) conduct beer tastings of beer produced by
|
0022| members of the public on the licensee's premises pursuant to
|
0023| the provisions of this subsection; and
|
0024| [(6) to] (8) be deemed a manufacturer for
|
0025| purposes of the Gross Receipts and Compensating Tax Act."
|
0001|
|
0002|
|
0003| FORTY-THIRD LEGISLATURE
|
0004| FIRST SESSION, 1997 SB 1062/a
|
0005|
|
0006|
|
0007| March 14, 1997
|
0008|
|
0009| Mr. President:
|
0010|
|
0011| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
|
0012| referred
|
0013|
|
0014| SENATE BILL 1062
|
0015|
|
0016| has had it under consideration and reports same with
|
0017| recommendation that it DO PASS, amended as follows:
|
0018|
|
0019| 1. On page 1, line 12, after the first semicolon insert
|
0020| "DEFINING RESALE DISPENSER;".
|
0021|
|
0022| 2. On page 1, line 13, after "AMENDING" insert "AND
|
0023| ENACTING".
|
0024|
|
0025| 3. On page 6, between lines 8 and 9, insert the following
|
0001| new subsection:
|
0002|
|
0003| "S. "resale dispenser" means a retailer licensed
|
0004| pursuant to the provisions of the Liquor Control Act who
|
0005| purchases alcoholic beverages from a licensed wholesaler for
|
0006| resale to another retailer;".
|
0007|
|
0008| 4. Reletter the succeeding subsections accordingly.
|
0009|
|
0010| 5. On page 8, between lines 21 and 22, insert the following
|
0011| new section:
|
0012|
|
0013| "Section 3. A new section of the Liquor Control Act is
|
0014| enacted to read:
|
0015| "[NEW MATERIAL] RESALE DISPENSER--PERMITS--CERTAIN SALES
|
0016| PROHIBITED.--
|
0017|
|
0018| A. A resale dispenser shall apply for and display on
|
0019| the licensed retail premises a resale permit approved by the
|
0020| department. The resale dispenser shall not solicit sales of
|
0021| alcoholic beverages from other retailers. A resale dispenser
|
0022| shall purchase alcoholic beverages only from a licensed
|
0023| wholesaler.
|
0024|
|
0025|
|
0001|
|
0002|
|
0003| B. A resale dispenser shall not resell more than five
|
0004| hundred dollars ($500) worth of alcoholic beverages per year per
|
0005| retailer.
|
0006|
|
0007| C. A retailer shall not purchase alcoholic beverages
|
0008| from a resale dispenser to avoid the credit extension prohibition
|
0009| provided in Section 60-7A-9 NMSA 1978."
|
0010|
|
0011| Section 4. EFFECTIVE DATE.--The effective date of the
|
0012| provisions of this act is January 1, 1998.".
|
0013|
|
0014| Respectfully submitted,
|
0015|
|
0016|
|
0017|
|
0018|
|
0019| __________________________________
|
0020| Shannon Robinson, Chairman
|
0021|
|
0022|
|
0023|
|
0024| Adopted_______________________ Not
|
0025| Adopted_______________________
|
0001| (Chief Clerk) (Chief Clerk)
|
0002|
|
0003|
|
0004| Date ________________________
|
0005|
|
0006|
|
0007| The roll call vote was 5 For 0 Against
|
0008| Yes: 5
|
0009| No: 0
|
0010| Excused: Garcia, Ingle, Rodarte, Smith
|
0011| Absent: None
|
0012|
|
0013|
|
0014| S1062PA1 .117886.1
|
0015|
|
0016| State of New Mexico
|
0017| House of Representatives
|
0018|
|
0019| FORTY-THIRD LEGISLATURE
|
0020| FIRST SESSION, 1997
|
0021|
|
0022|
|
0023| March 21, 1997
|
0024|
|
0025|
|
0001| Mr. Speaker:
|
0002|
|
0003| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
|
0004| been referred
|
0005|
|
0006| SENATE BILL 1062, as amended
|
0007|
|
0008| has had it under consideration and reports same with
|
0009| recommendation that it DO PASS.
|
0010|
|
0011| Respectfully submitted,
|
0012|
|
0013|
|
0014|
|
0015|
|
0016| Fred Luna, Chairman
|
0017|
|
0018|
|
0019| Adopted Not Adopted
|
0020|
|
0021| (Chief Clerk) (Chief Clerk)
|
0022|
|
0023| Date
|
0024|
|
0025| The roll call vote was 7 For 0 Against
|
0001| Yes: 7
|
0002| Excused: Alwin, Corley, Gubbels, Olguin, J.G. Taylor
|
0003| Absent: Getty
|
0004|
|
0005|
|
0006| G:\BILLTEXT\BILLW_97\S1062
|