SB 204 — ALCOHOL & PRIVATE CELEBRATIONS

SENATE BILL 204 53RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION , 2018 INTRODUCED BY John Arthur Smith 6 8 10 AN ACT RELATING TO ALCOHOLIC BEVERAGES;

ALLOWING WINEGROWER AND SMALL BREWER SUNDAY SALES TO BEGIN AT 11:00 A.M.

157 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 60-6A-11 NMSA 1978 (being Laws 1981, e t 17 Chapter 39, Section 28, as amended by Laws 2015, Chapter 102, w l n d 18 Section 4 and by Laws 2015, Chapter 105, Section 1 and also by = = 19 Laws 2015, Chapter 124, Section 1) is amended to read:

a l i a e r 20 "60-6A-11.

WINEGROWER'S LICENSE.-- a t m m 21 A.

A person in this state who produces wine is d r e 22 exempt from the procurement of any other license pursuant to c e s k 23 the terms of the Liquor Control Act, but not from the e a n b 24 procurement of a winegrower's license.

Except during periods u [ of shortage or reduced availability, at least fifty percent of .209979.1 a winegrower's overall annual production of wine shall be produced from grapes or other agricultural products grown in this state pursuant to rules adopted by the director;

provided, however, that, for purposes of determining annual production and compliance with the fifty percent New Mexico grown provision of this subsection, the calculation of a winegrower's overall annual production of wine shall not SB 204 include the winegrower's production of wine for out-of-state Page 1 wine producer license holders.

(1) manufacture or produce wine, including blending, mixing, flavoring, coloring, bottling and labeling, whether the wine is manufactured or produced for a winegrower or an out-of-state wine producer holding a permit issued pursuant to the Federal Alcohol Administration Act and a valid e e 17 license in a state that authorizes the wine producer to e e n d 18 manufacture, produce, store or sell wine;

= = l ] 19 (2) store, transport, import or export wines;

a l r i 20 (3) sell wines to a holder of a New Mexico t e a t winegrower's, wine wholesaler's, wholesaler's or wine m m 21 e d r e 22 exporter's license or to a winegrower's agent;

c e r c 23 (4) transport not more than two hundred cases e a n b 24 of wine in a calendar year to another location within New u [ Mexico by common carrier;

.209979.1 - 2 - (5) deal in warehouse receipts for wine;

(7) buy wine or distilled wine products from other persons, including licensees and permittees under the SB 204 Page 2 Liquor Control Act, for use in blending, mixing or bottling of wines;

(9) conduct wine tastings and sell, by the glass or by the bottle, or sell in unbroken packages for consumption off the premises, but not for resale, wine of the winegrower's own production, wine produced by another New Mexico winegrower on the winegrower's premises or beer produced e e 17 and bottled by or for a small brewer pursuant to Section e e n d 18 [60-2A-26.1] 60-6A-26.1 NMSA 1978;

= = l ] 19 (10) at no more than three off-premises a l r i 20 locations, conduct wine tastings, sell by the glass and sell in t e a t unbroken packages for consumption off premises, but not for m m 21 e d r e 22 resale, wine of the winegrower's own production, wine produced c e r c 23 by another New Mexico winegrower or beer produced and bottled e a n b 24 by or for a small brewer pursuant to Section 60-6A-26.1 NMSA u [ 1978 after the director has determined that the off-premises .209979.1 - 3 - locations meet the requirements of the Liquor Control Act and the department rules for new liquor license locations;

(12) at public celebrations on or off the winegrower's premises, after the winegrower has paid the SB 204 Page 3 applicable fees and been issued the appropriate permit, to conduct wine tastings, sell by the glass or the bottle, or sell in unbroken packages, for consumption off premises, but not for resale, wine produced by or for the winegrower;

(a) by the glass,glass bottle or inbottle, unbroken packages for consumption off the licensed premises, but not for resale, wine produced by or for the winegrower;

or e e 17 (b) by the glassglass, or in unbroken packages e e n d 18 for consumption off the licensed premises, but not for resale, = = l ] 19 beer produced by a small brewer pursuant to Section 60-6A-26.1 a l r i 20 NMSA 1978;

t e a t [(13)] (14) sell wine or cider in a growler m m 21 e d r e 22 for consumption off premises;

and c e r c 23 [(14)] (15) in accordance with the provisions e a n b 24 of this section that relate to the sale of wine, accept and u [ fulfill an order for wine that is placed via an internet [web .209979.1 - 4 - site] website, whether the financial transaction related to the order is administered by the licensee or the licensee's agent.

and midnight Monday through Saturday, and the holder of a winegrower's license or public celebration permit may conduct wine tastings and sell, by the glass or bottle, or sell in unbroken packages for consumption off premises, but not for SB 204 Page 4 resale, wine of the winegrower's own production or beer produced and bottled by or for a small brewer pursuant to Section 60-6A-26.1 NMSA 1978 on the winegrower's premises between the hours of [12:00 noon ] 11:00 a.m.

At public and private celebrations on or off the winegrower's premises in any local option district permitting the sale of alcoholic beverages, the holder of a winegrower's e e 17 license shall pay ten dollars ($10.00) to the alcohol and e e n d 18 gaming division of the regulation and licensing department for = = l ] 19 a "winegrower's public celebration permit" or a "winegrower's a l r i 20 private celebration permit" to be issued under rules adopted by t e a t the director.

Upon request, the alcohol and gaming division of m m 21 e d r e 22 the regulation and licensing department may issue to a holder c e r c 23 of a winegrower's license a public celebration permit for a e a n b 24 location at the public celebration that is to be shared with u [ other winegrowers and small brewers.

[As used in this .209979.1 - 5 - subsection, "public celebration" includes any state or county fair, community fiesta, cultural or artistic event, sporting competition of a seasonal nature or activities held on an intermittent basis.] E.

(2) between five thousand and one hundred SB 204 Page 5 thousand gallons per year, one hundred dollars ($100) per year;

e e 17 F.

e e n d 18 (1) "private celebration" means any = = l ] 19 celebratory activity that is held in a private or public venue a l r i 20 not open to the general public and for which attendance is t e a t subject to private invitation;

and m m 21 e d r e 22 (2) "public celebration" includes any state or c e r c 23 county fair, community fiesta, cultural or artistic event, e a n b 24 sporting competition of a seasonal nature or activities held on u [ an intermittent basis." .209979.1 - 6 - SECTION 2.

SB 204 Page 6 (1) manufacture or produce beer;

e e 17 (3) sell only beer that is packaged by or for e e n d 18 the licensee to a person holding a wholesaler's license or a = = l ] 19 small brewer's license;

a l r i 20 (4) deal in warehouse receipts for beer;

t e a t (5) conduct beer tastings and sell for m m 21 e d r e 22 consumption on or off premises, but not for resale, beer c e r c 23 produced and bottled by, or produced and packaged for, the e a n b 24 licensee, beer produced and bottled by or for another New u [ Mexico small brewer on the small brewer's premises or wine .209979.1 - 7 - produced by a winegrower pursuant to Section 60-6A-11 NMSA 1978;

(8) at private celebrations on or off the SB 204 Page 7 small brewer's premises after the small brewer has paid the applicable fees for a private celebration permit, sell by the glassglass, or in unbroken packages for consumption off the licensed premises, but not for resale, beer produced and bottled by or e e 17 for the small brewer or wine produced by a winegrower pursuant e e n d 18 to Section 60-6A-11 NMSA 1978;

= = l ] 19 [(8)] (9) buy or otherwise obtain wine from a a l r i 20 winegrower;

t e a t [(9)] (10) for the purposes described in this m m 21 e d r e 22 subsection, at no more than three other locations off the small c e r c 23 brewer's premises, after the small brewer has paid the e a n b 24 applicable fee for a small brewer's off-premises permit, after u [ the director has determined that the off-premises locations .209979.1 - 8 - meet the requirements of the Liquor Control Act and department rules for new liquor license locations and after the director has issued a small brewer's off-premises permit for each off-off-premises premises location, conduct beer tastings and sell by the glass or in unbroken packages for consumption off the small brewer's off-premises location, but not for resale, beer produced and bottled by or for the small brewer, beer produced and bottled by or for another New Mexico small brewer or wine produced by a winegrower pursuant to Section 60-6A-11 NMSA 1978;

[(10)] (11) allow members of the public, on the licensed premises and under the direct supervision of the licensee, to manufacture beer for personal consumption and SB 204 Page 8 not for resale using the licensee's equipment and ingredients;

and [(11)] (12) sell beer in a growler for consumption off premises.

celebrations on or off the C.