New Mexico 2019 Regular Session Status: Enacted 1 D cosponsors

SB 413 — LIQUOR PERMIT, TAX & DEFINITION CHANGES

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2019. Enacted.

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Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

852 added · 1200 removed

Plain-language change summary

The updated version of Bill SB 413 adds pears to the definition of "cider" and increases the maximum alcohol content allowed for cider. It also revises the definition of "microbrewer" and changes the liquor excise tax rates. These changes are important as they broaden the products that can be classified under these categories, potentially supporting local producers and giving consumers more options. Additionally, clearer definitions and updated tax rates can help streamline regulations for craft beverage producers.

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SENATE BILL 413 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Mimi Stewart Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.
It is a tool to show the amendments in context and is not to be used for the purpose of amendments.
ADDING PEARS TO THE DEFINITION h OF "CIDER" IN THE LIQUOR EXCISE TAX ACT AND THE LIQUOR CONTROL g o ACT AND RAISING THE MAXIMUM ALCOHOL CONTENT OF CIDER;
ADDING PEARS TO THE DEFINITION OF "CIDER" IN THE LIQUOR EXCISE TAX ACT AND THE LIQUOR CONTROL ACT AND RAISING THE MAXIMUM ALCOHOL CONTENT OF 5 CIDER;
AMENDING t hr g e i k THE DEFINITION OF "MICROBREWER" IN THE LIQUOR EXCISE TAX ACT;
AMENDING THE DEFINITION OF "MICROBREWER" IN THE LIQUOR EXCISE TAX ACT;
h r i s AMENDING RATES OF THE LIQUOR EXCISE TAX;
AMENDING RATES OF THE LIQUOR EXCISE TAX;
AMENDING THE h , t, DEFINITIONS OF "SPIRITUOUS LIQUORS" AND "WINEGROWER" IN THE e u g e b l e e h LIQUOR CONTROL ACT;
AMENDING THE DEFINITIONS OF "SPIRITUOUS LIQUORS" AND "WINEGROWER" IN THE LIQUOR CONTROL ACT;
PROVIDING FOR PRIVATE CELEBRATION CRAFT n d d i = = o h DISTILLER'S, WINEGROWER'S AND SMALL BREWER'S PERMITS;
PROVIDING FOR PRIVATE CELEBRATION CRAFT DISTILLER'S, WINEGROWER'S AND SMALL BREWER'S PERMITS;
CHANGING l ] b ,d i a º e THE HOURS OF OPERATION OF A CRAFT DISTILLER, WINEGROWER AND r i = r t e w d m a n o SMALL BREWER;
CHANGING THE HOURS OF OPERATION OF A CRAFT DISTILLER, WINEGROWER AND SMALL BREWER;
ESTABLISHING CRITERIA FOR RENEWAL OF A SMALL d m :
ESTABLISHING CRITERIA FOR RENEWAL OF A SMALL BREWER'S LICENSE.
b e d s º o t n = .212383.5 s k m e e a n e d r e l u [ A d BREWER'S LICENSE.
"alcoholic beverages" means distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters or any similar beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half of one percent alcohol by volume, but "alcoholic beverages" does not include medicinal bitters;
"alcoholic beverages" means distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters or any similar beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half of one SB 413 Page 1 percent alcohol by volume, but "alcoholic beverages" does not include medicinal bitters;
"beer" means an alcoholic beverage obtained by h the fermentation of any infusion or decoction of barley, malt u » r t h and hops or other cereals in water and includes porter, beer, g e l i ale and stout;
"beer" means an alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt 5 and hops or other cereals in water and includes porter, beer, ale and stout;
h r i s C.
C.
"cider" means an alcoholic beverage made from h , e h t u g the normal alcoholic fermentation of the juice of sound, ripe e b l e e , gh apples or pears that contains not less than one-half of one n d d i = = o h percent of alcohol by volume and not more than [seven ] eight l ] b ,d i a º r e r = and one-half percent of alcohol by volume;
"cider" means an alcoholic beverage made from the normal alcoholic fermentation of the juice of sound, ripe apples or pears that contains not less than one-half of one percent of alcohol by volume and not more than eight and one-half percent of alcohol by volume;
t e w d m a n o D.
D.
"department" means the taxation and revenue d m :
"department" means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary;
b r e t º o t n = .212383.5 s k m e - 2 - e a n e d r e l u [ A d department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary;
or (3) vermouth and sherry;
or SB 413 Page 2 (3) vermouth and sherry;
"microbrewer" means [(1) for years prior to 2014, a person who produces fewer than five thousand barrels of beer in a year;
"microbrewer" means a person who produces less than two hundred thousand barrels of beer per year;
h (2) for years 2014 through 2023, a person who g o t hr produces fewer than fifteen thousand barrels of beer in a year;
G.
g e i k and h r i s (3) for year 2024 and subsequent years, a h , t, person who produces fewer than five thousand barrels of beer in e u g e b l e e h a year] a person who produces less than two hundred thousand n d d i = = o h barrels of beer per year;
"person" includes, to the extent permitted by 5 law, a federal, state or other governmental unit or subdivision or an agency, department, institution or instrumentality thereof;
l ] b ,d i a º e G.
"person" includes, to the extent permitted by r i = r t e w d m a n o law, a federal, state or other governmental unit or subdivision d m :
b e d s º o t n = .212383.5 s k m e - 3 - e a n e d r e l u [ A d or an agency, department, institution or instrumentality thereof;
"spirituous [liquor ] liquors" means alcoholic beverages, except fermented beverages such as wine, beer, cider and ale;
"spirituous liquors" means alcoholic beverages, except fermented beverages such as wine, beer, cider and ale;
"wine" means an alcoholic beverage other than cider that is obtained by the fermentation of the natural sugar contained in fruit or other agricultural products, with or without the addition of sugar or other products, and that does h not contain more than twenty-one percent alcohol by volume;
"wine" means an alcoholic beverage other than cider that is obtained by the fermentation of the natural sugar contained in fruit or other agricultural products, with or without the addition of sugar or other products, and that does not contain more than twenty-one percent alcohol by volume;
and g o t hr L.
and L.
"winegrower" means a person licensed pursuant to g e i k Section 60-6A-11 NMSA 1978." h r i s SECTION 2.
"winegrower" means a person licensed pursuant to Section 60-6A-11 NMSA 1978." SECTION 2.
Section 7-17-5 NMSA 1978 (being Laws 1993, h , t, Chapter 65, Section 8, as amended by Laws 2013, Chapter 94, e u g e b l e e h Section 2 and by Laws 2013, Chapter 95, Section 2) is amended n d d i = = o h to read:
Section 7-17-5 NMSA 1978 (being Laws 1993, SB 413 Page 3 Chapter 65, Section 8, as amended by Laws 2013, Chapter 94, Section 2 and by Laws 2013, Chapter 95, Section 2) is amended to read:
l ] b ,d i a º e "7-17-5.
"7-17-5.
IMPOSITION AND RATE OF LIQUOR EXCISE TAX.-- r i = r t e w d m a n o A.
IMPOSITION AND RATE OF LIQUOR EXCISE TAX.-- 5 A.
There is imposed on a wholesaler who sells d m :
There is imposed on a wholesaler who sells alcoholic beverages on which the tax imposed by this section has not been paid an excise tax, to be referred to as the "liquor excise tax", at the following rates on alcoholic beverages sold:
b e d s º o t n = .212383.5 s k m e - 4 - e a n e d r e l u [ A d alcoholic beverages on which the tax imposed by this section has not been paid an excise tax, to be referred to as the "liquor excise tax", at the following rates on alcoholic beverages sold:
(5) on beer manufactured or produced by a microbrewer and sold in this state, provided that proof is h furnished to the department that the beer was manufactured or u » r produced by a microbrewer, eight cents ($.08) per gallon on the t h g e l i first [ten ] SPACºsixty thirty»SPAC thousand barrels sold h r i s SPACºand ,»SPAC twenty-eight cents ($.28) per gallon for all h , e h barrels sold over [ten] SPACºsixty thirty»SPAC thousand t u g e b l e e , gh barrels but [fewer] less than [fifteen] SPACºtwo hundred n d d i = = o h sixty»SPAC thousand barrels SPACºand forty-one cents ($.41) l ] b ,d i a º r per gallon for sixty thousand or more barrels sold»SPAC;
(5) on beer manufactured or produced by a microbrewer and sold in this state, provided that proof is furnished to the department that the beer was manufactured or produced by a microbrewer, eight cents ($.08) per gallon on the first thirty thousand barrels sold, twenty-eight cents SB 413 Page 4 ($.28) per gallon for all barrels sold over thirty thousand barrels but less than sixty thousand barrels and forty-one cents ($.41) per gallon for sixty thousand or more barrels sold;
e r = t e w d m a n o (6) on wine manufactured or produced by a d m :
5 (6) on wine manufactured or produced by a small winegrower and sold in this state, provided that proof is furnished to the department that the wine was manufactured or produced by a small winegrower:
b r e t º o t n = .212383.5 s k m e - 5 - e a n e d r e l u [ A d small winegrower and sold in this state, provided that proof is furnished to the department that the wine was manufactured or produced by a small winegrower:
[and ] (7) on cider, except as provided in Paragraph (8) of this subsection, forty-one cents ($.41) per gallon;
(7) on cider, except as provided in Paragraph (8) of this subsection, forty-one cents ($.41) per gallon;
(8) on cider manufactured or produced by a small winegrower and sold in this state, provided that proof is furnished to the department that the cider was manufactured or h produced by a small winegrower, eight cents ($.08) per gallon u » r on the first SPACºsixty thirty»SPAC thousand barrels sold t h g e l i SPACºand ,»SPAC twenty-eight cents ($.28) per gallon for all h r i s barrels sold over SPACºsixty thirty»SPAC thousand barrels but h , e h less than SPACºtwo hundred sixty»SPAC thousand barrels t u g e b l e e , gh SPACºand forty-one cents ($.41) per gallon for sixty thousand n d d i = = o h or more barrels sold»SPAC;
(8) on cider manufactured or produced by a small winegrower and sold in this state, provided that proof is furnished to the department that the cider was manufactured or produced by a small winegrower, eight cents ($.08) per gallon on the first thirty thousand barrels sold, twenty-eight cents ($.28) per gallon for all barrels sold SB 413 Page 5 over thirty thousand barrels but less than sixty thousand barrels and forty-one cents ($.41) per gallon for sixty thousand or more barrels sold;
and l ] b ,d i a º r (9) on spirituous liquors manufactured or e r = t e w d m a n o produced by a craft distiller licensed pursuant to Section d m :
and (9) on spirituous liquors manufactured or 5 produced by a craft distiller licensed pursuant to Section 60-6A-6.1 NMSA 1978, provided that proof is provided to the department that the spirituous liquors were manufactured or produced by a craft distiller, for products up to ten percent alcohol by volume, eight cents ($.08) per liter for the first two hundred fifty thousand liters sold and twenty-eight cents ($.28) per liter for the next two hundred fifty thousand liters sold and for products over ten percent alcohol by volume, thirty-two cents ($.32) per liter on the first one hundred seventy-five thousand liters sold and sixty-five cents ($.65) per liter on the next two hundred thousand liters sold.
b r e t º o t n = .212383.5 s k m e - 6 - e a n e d r e l u [ A d 60-6A-6.1 NMSA 1978 SPACºand sold in this state»SPAC, provided that proof is provided to the department that the spirituous liquors were manufactured or produced by a craft distiller, for products up to ten percent alcohol by volume, eight cents ($.08) per liter SPACºfor the first two hundred fifty thousand liters sold and twenty-eight cents ($.28) per liter for the next two hundred fifty thousand liters sold»SPAC and for products over ten percent alcohol by volume, thirty-two cents ($.32) per liter on the first SPACºthree hundred seventy-five thousand one hundred seventy-five thousand liters sold and sixty-five cents ($.65) per liter on the next two hundred thousand»SPAC liters sold.
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The volume of wine transferred from one winegrower to another winegrower for processing, bottling or storage and subsequent return to the transferor shall be excluded pursuant to Section 7-17-6 NMSA 1978 from the taxable h volume of wine of the transferee.
The volume of wine transferred from one winegrower to another winegrower for processing, bottling or storage and subsequent return to the transferor shall be excluded pursuant to Section 7-17-6 NMSA 1978 from the taxable volume of wine of the transferee.
Wine transferred from an u » r initial winegrower to a second winegrower remains a tax t h g e l i liability of the transferor, provided that if the wine is h r i s transferred to the transferee for the transferee's use or for h , e h resale, the transferee then assumes the liability for the tax t u g e b l e e , gh due pursuant to this section.
Wine transferred from an initial winegrower to a second winegrower remains a tax liability of the transferor, provided that if the wine is transferred to the transferee for the transferee's use or for resale, the transferee then assumes the liability for the tax SB 413 Page 6 due pursuant to this section.
n d d i = = o h C.
C.
A transfer of wine from a winegrower to a l ] b ,d i a º r wholesaler for distribution of the wine transfers the liability e r = t e w d m a n o for payment of the liquor excise tax to the wholesaler upon the d m :
A transfer of wine from a winegrower to a wholesaler for distribution of the wine transfers the liability for payment of the liquor excise tax to the 5 wholesaler upon the sale of the wine by the wholesaler." SECTION 3.
b r e t º o t n = .212383.5 s k m e - 7 - e a n e d r e l u [ A d sale of the wine by the wholesaler." SECTION 3.
"beer" means an alcoholic beverage obtained by h the fermentation of any infusion or decoction of barley, malt u » r and hops or other cereals in water, and includes porter, beer, t h g e l i ale and stout;
"beer" means an alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt and hops or other cereals in water, and includes porter, beer, ale and stout;
h r i s C.
C.
"brewer" means a person who owns or operates a h , e h business for the manufacture of beer;
"brewer" means a person who owns or operates a business for the manufacture of beer;
t u g e b l e e , gh D.
SB 413 Page 7 D.
"cider" means an alcoholic beverage made from n d d i = = o h the normal alcoholic fermentation of the juice of sound, ripe l ] b ,d i a º r apples or pears that contains not less than one-half of one e r = t e w d m a n o percent alcohol by volume and not more than [seven ] eight and d m :
"cider" means an alcoholic beverage made from the normal alcoholic fermentation of the juice of sound, ripe apples or pears that contains not less than one-half of one percent alcohol by volume and not more than eight and one- 5 half percent alcohol by volume;
b r e t º o t n = .212383.5 s k m e - 8 - e a n e d r e l u [ A d one-half percent alcohol by volume;
and (b) has been granted an exemption by the United States from the payment of the federal income tax as a h club under the provisions of Section 501(a) of the Internal u » r Revenue Code of 1986, as amended, or, if the applicant has not t h g e l i operated as a club for a sufficient time to be eligible for the h r i s income tax exemption, it must execute and file with the h , e h director a sworn letter of intent declaring that it will, in t u g e b l e e , gh good faith, apply for an income tax exemption as soon as it is n d d i = = o h eligible;
and (b) has been granted an exemption by the United States from the payment of the federal income tax as a club under the provisions of Section 501(a) of the Internal Revenue Code of 1986, as amended, or, if the applicant has not operated as a club for a sufficient time to be eligible for the income tax exemption, it must execute and file with the director a sworn letter of intent declaring SB 413 Page 8 that it will, in good faith, apply for an income tax exemption as soon as it is eligible;
or l ] b ,d i a º r (2) an airline passenger membership club e r = t e w d m a n o operated by an air common carrier that maintains or operates a d m :
or (2) an airline passenger membership club operated by an air common carrier that maintains or operates 5 a clubroom at an international airport terminal.
b r e t º o t n = .212383.5 s k m e - 9 - e a n e d r e l u [ A d clubroom at an international airport terminal.
"department" means the New Mexico state police division of the department of public safety when the term is used in reference to the enforcement and investigatory provisions of the Liquor Control Act and means the director of the alcohol and gaming division of the regulation and licensing h department when the term is used in reference to the licensing u » r provisions of the Liquor Control Act;
"department" means the New Mexico state police division of the department of public safety when the term is used in reference to the enforcement and investigatory provisions of the Liquor Control Act and means the director of the alcohol and gaming division of the regulation and licensing department when the term is used in reference to the licensing provisions of the Liquor Control Act;
t h g e l i H.
H.
"director" means the chief of the New Mexico h r i s state police division of the department of public safety when h , e h the term is used in reference to the enforcement and t u g e b l e e , gh investigatory provisions of the Liquor Control Act and means n d d i = = o h the director of the alcohol and gaming division of the l ] b ,d i a º r regulation and licensing department when the term is used in e r = t e w d m a n o reference to the licensing provisions of the Liquor Control d m :
"director" means the chief of the New Mexico state police division of the department of public safety when the term is used in reference to the enforcement and SB 413 Page 9 investigatory provisions of the Liquor Control Act and means the director of the alcohol and gaming division of the regulation and licensing department when the term is used in reference to the licensing provisions of the Liquor Control 5 Act;
b r e t º o t n = .212383.5 s k m e - 10 - e a n e d r e l u [ A d Act;
"governing body" means the board of county h commissioners of a county or the city council or city u » r commissioners of a municipality;
"governing body" means the board of county commissioners of a county or the city council or city commissioners of a municipality;
t h g e l i M.
M.
"growler" means a clean, refillable, resealable h r i s container that has a liquid capacity that does not exceed one h , e h gallon and that is intended and used for the sale of beer, wine t u g e b l e e , gh or cider for consumption off premises;
"growler" means a clean, refillable, resealable container that has a liquid capacity that does not exceed one SB 413 Page 10 gallon and that is intended and used for the sale of beer, wine or cider for consumption off premises;
n d d i = = o h N.
N.
"hotel" means an establishment or complex having l ] b ,d i a º r a resident of New Mexico as a proprietor or manager and where, e r = t e w d m a n o in consideration of payment, meals and lodging are regularly d m :
"hotel" means an establishment or complex having a resident of New Mexico as a proprietor or manager 5 and where, in consideration of payment, meals and lodging are regularly furnished to the general public.
b r e t º o t n = .212383.5 s k m e - 11 - e a n e d r e l u [ A d furnished to the general public.
The establishment or complex must maintain for the use of its guests a minimum of twenty-five sleeping rooms;
The establishment or complex must maintain for the use of its guests a minimum of twenty- five sleeping rooms;
provided that in the case of a restaurant, "licensed premises" includes a restaurant that has operated continuously in two separate structures since July 1, 1987 and that is located in a local option district that has voted to disapprove the transfer of liquor licenses into that local option district, hotel, golf course, ski area or racetrack and all h public and private rooms, facilities and areas in which u » r alcoholic beverages are sold or served in the customary t h g e l i operating procedures of the restaurant, hotel, golf course, ski h r i s area or racetrack.
provided that in the case of a restaurant, "licensed premises" includes a restaurant that has operated continuously in two separate structures since July 1, 1987 and that is located in a local option district that has voted to disapprove the transfer of liquor licenses into that local option district, hotel, golf course, ski area or racetrack and all public and private rooms, facilities and areas in which alcoholic beverages are sold or served in the customary operating procedures of the restaurant, hotel, golf course, ski area or racetrack.
"Licensed premises" also includes rural h , e h dispenser licenses located in the unincorporated areas of a t u g e b l e e , gh county with a population of less than thirty thousand, located n d d i = = o h in buildings in existence as of January 1, 2012, that are l ] b ,d i a º r within one hundred fifty feet of one another and that are under e r = t e w d m a n o the direct control of the license holder;
"Licensed premises" also SB 413 Page 11 includes rural dispenser licenses located in the unincorporated areas of a county with a population of less than thirty thousand, located in buildings in existence as of January 1, 2012, that are within one hundred fifty feet of 5 one another and that are under the direct control of the license holder;
d m :
P.
b r e t º o t n = .212383.5 s k m e - 12 - e a n e d r e l u [ A d P.
"package" means an immediate container of alcoholic beverages that is filled or packed by a manufacturer or wine bottler for sale by the manufacturer or wine bottler to h wholesalers;
"package" means an immediate container of alcoholic beverages that is filled or packed by a manufacturer or wine bottler for sale by the manufacturer or wine bottler to wholesalers;
u » r T.
T.
"person" means an individual, corporation, firm, t h g e l i partnership, copartnership, association or other legal entity;
"person" means an individual, corporation, firm, partnership, copartnership, association or other legal SB 413 Page 12 entity;
h r i s U.
U.
"rectifier" means a person who blends, mixes or h , e h distills alcohol with other liquids or substances for the t u g e b l e e , gh purpose of making an alcoholic beverage for the purpose of sale n d d i = = o h other than to the consumer by the drink, and includes all l ] b ,d i a º r bottlers of spirituous liquors;
"rectifier" means a person who blends, mixes or distills alcohol with other liquids or substances for the purpose of making an alcoholic beverage for the purpose of 5 sale other than to the consumer by the drink, and includes all bottlers of spirituous liquors;
e r = t e w d m a n o V.
V.
"restaurant" means an establishment having a New d m :
"restaurant" means an establishment having a New Mexico resident as a proprietor or manager that is held out to the public as a place where meals are prepared and served primarily for on-premises consumption to the general public in consideration of payment and that has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals;
b r e t º o t n = .212383.5 s k m e - 13 - e a n e d r e l u [ A d Mexico resident as a proprietor or manager that is held out to the public as a place where meals are prepared and served primarily for on-premises consumption to the general public in consideration of payment and that has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals;
"ski area" means a tract of land and facilities for the primary purpose of alpine skiing, snowboarding or other h snow sports with trails, parks and at least one chairlift with u » r uphill capacity and may include facilities necessary for other t h g e l i seasonal or year-round recreational activities;
"ski area" means a tract of land and facilities for the primary purpose of alpine skiing, snowboarding or other snow sports with trails, parks and at least one SB 413 Page 13 chairlift with uphill capacity and may include facilities necessary for other seasonal or year-round recreational activities;
h r i s Y.
Y.
"spirituous liquors" means alcoholic beverages h , e h as defined in Subsection A of this section except fermented t u g e b l e e , gh beverages such as wine, beer, cider and ale;
"spirituous liquors" means alcoholic beverages 5 as defined in Subsection A of this section except fermented beverages such as wine, beer, cider and ale;
n d d i = = o h Z.
Z.
"wholesaler" means a person whose place of l ] b ,d i a º r business is located in New Mexico and who sells, offers for e r = t e w d m a n o sale or possesses for the purpose of sale any alcoholic d m :
"wholesaler" means a person whose place of business is located in New Mexico and who sells, offers for sale or possesses for the purpose of sale any alcoholic beverages for resale by the purchaser;
b r e t º o t n = .212383.5 s k m e - 14 - e a n e d r e l u [ A d beverages for resale by the purchaser;
"winegrower" means a person who owns or operates a business for the manufacture of wine or cider ;
"winegrower" means a person who owns or operates a business for the manufacture of wine or cider;
"winery" means a facility in which a winegrower manufactures and stores wine or cider ." SECTION 4.
"winery" means a facility in which a winegrower manufactures and stores wine or cider." SECTION 4.
Section 60-6A-6.1 NMSA 1978 (being Laws 2011, h Chapter 110, Section 3, as amended) is amended to read:
Section 60-6A-6.1 NMSA 1978 (being Laws SB 413 Page 14 2011, Chapter 110, Section 3, as amended) is amended to read:
g o t hr "60-6A-6.1.
"60-6A-6.1.
CRAFT DISTILLER'S LICENSE.-- g e i k A.
CRAFT DISTILLER'S LICENSE.-- A.
In any local option district, a person qualified h r i s pursuant to the provisions of the Liquor Control Act, except as h , t, otherwise provided in the Domestic Winery, Small Brewery and e u g e b l e e h Craft Distillery Act, may apply for and be issued a craft n d d i = = o h distiller's license subject to the following conditions:
In any local option district, a person qualified pursuant to the provisions of the Liquor Control 5 Act, except as otherwise provided in the Domestic Winery, Small Brewery and Craft Distillery Act, may apply for and be issued a craft distiller's license subject to the following conditions:
l ] b ,d i a º e (1) the applicant submits evidence to the r i = r t e w d m a n o department that the applicant has a valid and appropriate d m :
(1) the applicant submits evidence to the department that the applicant has a valid and appropriate permit issued by the federal government to be a craft distiller;
b e d s º o t n = .212383.5 s k m e - 15 - e a n e d r e l u [ A d permit issued by the federal government to be a craft distiller;
and (c) submission to the department by the licensee of a report showing the number of proof gallons of spirituous liquors manufactured by the licensee at the licensee's premises and the annual gross receipts from the sale h of spirituous liquors produced by the licensee and from the u » r licensee's sale of distilled spirituous liquors produced by t h g e l i other New Mexico licensed craft distillers;
and (c) submission to the department by the licensee of a report showing the number of proof gallons of spirituous liquors manufactured by the licensee at the SB 413 Page 15 licensee's premises and the annual gross receipts from the sale of spirituous liquors produced by the licensee and from the licensee's sale of distilled spirituous liquors produced by other New Mexico licensed craft distillers;
h r i s (3) a craft distiller's license shall not be h , e h transferred from person to person or from one location to t u g e b l e e , gh another;
5 (3) a craft distiller's license shall not be transferred from person to person or from one location to another;
n d d i = = o h (4) the provisions of Section 60-6A-18 NMSA l ] b ,d i a º r 1978 shall not apply to a craft distiller's license;
(4) the provisions of Section 60-6A-18 NMSA 1978 shall not apply to a craft distiller's license;
and e r = t e w d m a n o (5) nothing in this section shall prevent a d m :
and (5) nothing in this section shall prevent a craft distiller from receiving other licenses pursuant to the Liquor Control Act.
b r e t º o t n = .212383.5 s k m e - 16 - e a n e d r e l u [ A d craft distiller from receiving other licenses pursuant to the Liquor Control Act.
(5) buy spirituous liquors from other persons, h including licensees and permittees under the Liquor Control u » r Act, for use in blending, flavoring, mixing or bottling of t h g e l i spirituous liquors;
SB 413 Page 16 (5) buy spirituous liquors from other persons, including licensees and permittees under the Liquor Control Act, for use in blending, flavoring, mixing or bottling of spirituous liquors;
h r i s (6) be deemed a manufacturer for purposes of h , e h the Gross Receipts and Compensating Tax Act;
5 (6) be deemed a manufacturer for purposes of the Gross Receipts and Compensating Tax Act;
t u g e b l e e , gh (7) conduct spirituous liquor tastings and n d d i = = o h sell, by the glass or by the bottle, or in unbroken packages l ] b ,d i a º r for consumption off the premises but not for resale, spirituous e r = t e w d m a n o liquors of the craft distiller's own production or spirituous d m :
(7) conduct spirituous liquor tastings and sell, by the glass or by the bottle, or in unbroken packages for consumption off the premises but not for resale, spirituous liquors of the craft distiller's own production or spirituous liquors produced by another New Mexico craft distiller or New Mexico manufacturer on the craft distiller's premises;
b r e t º o t n = .212383.5 s k m e - 17 - e a n e d r e l u [ A d liquors produced by another New Mexico craft distiller or New Mexico manufacturer on the craft distiller's premises;
and (8) at no more than three other locations off the craft distiller's premises, after the craft distiller has paid the applicable fee for a craft distiller's off-premises permit, after the director has determined that the off-premises locations meet the requirements of the Liquor Control Act and department rules for new liquor license locations and after the director has issued a craft distiller's off-premises permit for each off-premises location, conduct spirituous liquor tastings and sell by the glass, or in unbroken packages for consumption and not for resale, spirituous liquors produced and bottled by or for the craft distiller or spirituous liquors produced and bottled by SB 413 Page 17 or for another New Mexico craft distiller or manufacturer.
and (8) at no more than three other locations off the craft distiller's premises, after the craft distiller has paid the applicable fee for a craft distiller's off-premises permit, after the director has determined that the off-premises locations meet the requirements of the Liquor Control Act and department rules for new liquor license locations and after the director has issued a craft distiller's off-premises permit for each off-premises location, conduct spirituous liquor tastings and sell by the glass, or in unbroken packages for consumption and not for resale, spirituous liquors produced and bottled by or for the craft distiller or spirituous liquors produced and bottled by or for another New Mexico craft distiller or manufacturer.
For a public or private celebration on or off h the craft distiller's premises in any local option district u » r permitting the sale of alcoholic beverages, a craft distiller t h g e l i shall pay ten dollars ($10.00) to the department for a "craft h r i s distiller's public celebration permit" or a "craft distiller's h , e h private celebration permit" to be issued under rules adopted by t u g e b l e e , gh the director.
For a public or private celebration on or off the craft distiller's premises in any local option district permitting the sale of alcoholic beverages, a craft distiller 5 shall pay ten dollars ($10.00) to the department for a "craft distiller's public celebration permit" or a "craft distiller's private celebration permit" to be issued under rules adopted by the director.
Upon request, the department may issue to a n d d i = = o h craft distiller a public celebration permit for a location at l ] b ,d i a º r the public celebration that is to be shared with other craft e r = t e w d m a n o distillers, small brewers and winegrowers.
Upon request, the department may issue to a craft distiller a public celebration permit for a location at the public celebration that is to be shared with other craft distillers, small brewers and winegrowers.
[As used in this d m :
D.
b r e t º o t n = .212383.5 s k m e - 18 - e a n e d r e l u [ A d subsection, "public celebration" includes any state or county fair, community fiesta, cultural or artistic event, sporting competition of a seasonal nature or other activity held on an intermittent basis.] D.
[D.] E.
E.
Sales and tastings of spirituous liquors authorized in this section shall be permitted during the hours set forth in Subsection A of Section 60-7A-1 NMSA 1978 and between the hours of [noon ] 11:00 a.m.
Sales and tastings of spirituous liquors authorized in this section shall be permitted during the hours set forth in Subsection A of Section 60-7A-1 NMSA 1978 and between the hours of 11:00 a.m.
on January 1, when December 31 falls on a Sunday as set forth in h Section 60-7A-1 NMSA 1978.
on January 1, when December 31 falls on a Sunday as set forth in Section 60-7A-1 NMSA 1978.
u » r F.
F.
t h g e l i (1) "private celebration" means any h r i s celebratory activity that is held in a private or public venue h , e h not open to the general public and for which attendance is t u g e b l e e , gh subject to private invitation;
SB 413 Page 18 (1) "private celebration" means any celebratory activity that is held in a private or public venue not open to the general public and for which attendance is subject to private invitation;
and n d d i = = o h (2) "public celebration" includes any state or l ] b ,d i a º r county fair, community fiesta, cultural or artistic event, e r = t e w d m a n o sporting competition of a seasonal nature or activities held on d m :
and 5 (2) "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." SECTION 5.
b r e t º o t n = .212383.5 s k m e - 19 - e a n e d r e l u [ A d an intermittent basis." SECTION 5.
provided, however, that, for purposes of determining annual production and compliance with the fifty percent New Mexico h grown provision of this subsection, the calculation of a u » r winegrower's overall annual production of wine shall not t h g e l i include the winegrower's production of wine for out-of-state h r i s wine producer license holders.
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 SB 413 Page 19 wine shall not include the winegrower's production of wine for out-of-state wine producer license holders.
h , e h B.
B.
A person issued a winegrower's license pursuant t u g e b l e e , gh to this section may do any of the following:
A person issued a winegrower's license pursuant to this section may do any of the following:
n d d i = = o h (1) manufacture or produce wine or cider , l ] b ,d i a º r including blending, mixing, flavoring, coloring, bottling and e r = t e w d m a n o labeling, whether the wine or cider is manufactured or produced d m :
5 (1) manufacture or produce wine or cider, including blending, mixing, flavoring, coloring, bottling and labeling, whether the wine or cider 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 license in a state that authorizes the wine or cider producer to manufacture, produce, store or sell wine or cider;
b r e t º o t n = .212383.5 s k m e - 20 - e a n e d r e l u [ A d for a winegrower or an out-of-state wine producer holding a permit issued pursuant to the Federal Alcohol Administration Act and a valid license in a state that authorizes the wine or cider producer to manufacture, produce, store or sell wine or cider;
(6) sell wines or ciders in other states or h foreign jurisdictions to the holders of a license issued under g o t hr the authority of that state or foreign jurisdiction authorizing g e i k the purchase of wine or cider ;
(6) sell wines or ciders in other states or foreign jurisdictions to the holders of a license issued under the authority of that state or foreign jurisdiction SB 413 Page 20 authorizing the purchase of wine or cider;
h r i s (7) buy wine or cider or distilled wine h , t, products from other persons, including licensees and permittees e u g e b l e e h under the Liquor Control Act, for use in blending, mixing or n d d i = = o h bottling of wines or ciders ;
(7) buy wine or cider or distilled wine products from other persons, including licensees and permittees under the Liquor Control Act, for use in blending, 5 mixing or bottling of wines or ciders;
l ] b ,d i a º e (8) buy or otherwise obtain beer from a small r i = r t e w d m a n o brewer for the purposes described in this subsection;
(8) buy or otherwise obtain beer from a small brewer for the purposes described in this subsection;
d m :
(9) conduct wine or cider 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 or cider of the winegrower's own production, wine or cider produced by another New Mexico winegrower on the winegrower's premises or beer produced and bottled by or for a small brewer pursuant to Section 60-6A-26.1 NMSA 1978;
b e d s º o t n = .212383.5 s k m e - 21 - e a n e d r e l u [ A d (9) conduct wine or cider 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 or cider of the winegrower's own production, wine or cider produced by another New Mexico winegrower on the winegrower's premises or beer produced and bottled by or for a small brewer pursuant to Section [60-2A-26.1 ] 60-6A-26.1 NMSA 1978;
(10) at no more than three off-premises locations, conduct wine or cider tastings, sell by the glass and sell in unbroken packages for consumption off premises, but not for resale, wine or cider of the winegrower's own production, wine or cider produced by another New Mexico winegrower or beer produced and bottled by or for a small brewer pursuant to Section 60-6A-26.1 NMSA 1978 after the director has determined that the off-premises locations meet the requirements of the Liquor Control Act and the department rules for new liquor license locations;
(10) at no more than three off-premises locations, conduct wine or cider tastings, sell by the glass and sell in unbroken packages for consumption off premises, but not for resale, wine or cider of the winegrower's own production, wine or cider produced by another New Mexico winegrower or beer produced and bottled by or for a small brewer pursuant to Section 60-6A-26.1 NMSA 1978 after the director has determined that the off-premises locations meet the requirements of the Liquor Control Act and the department h rules for new liquor license locations;
(11) be deemed a manufacturer for purposes SB 413 Page 21 of the Gross Receipts and Compensating Tax Act;
g o t hr (11) be deemed a manufacturer for purposes of g e i k the Gross Receipts and Compensating Tax Act;
(12) at public celebrations on or off the winegrower's premises, after the winegrower has paid the applicable fees and been issued the appropriate permit, to 5 conduct wine or cider tastings, sell by the glass or the bottle, or sell in unbroken packages, for consumption off premises, but not for resale, wine or cider produced by or for the winegrower;
h r i s (12) at public celebrations on or off the h , t, winegrower's premises, after the winegrower has paid the e u g e b l e e h applicable fees and been issued the appropriate permit, to n d d i = = o h conduct wine or cider tastings, sell by the glass or the l ] b ,d i a º e bottle, or sell in unbroken packages, for consumption off r i = r t e w d m a n o premises, but not for resale, wine or cider produced by or for d m :
b e d s º o t n = .212383.5 s k m e - 22 - e a n e d r e l u [ A d the winegrower;
[(13)] (14) sell wine or cider in a growler for consumption off premises;
(14) sell wine or cider in a growler for consumption off premises;
and [(14)] (15) in accordance with the provisions of this section that relate to the sale of wine or cider , accept and fulfill an order for wine or cider that is placed via an internet [web site ] website, whether the financial transaction related to the order is administered by the licensee or the licensee's agent.
and (15) in accordance with the provisions of this section that relate to the sale of wine or cider, accept and fulfill an order for wine or cider that is placed via an internet website, whether the financial transaction related to the order is administered by the licensee or the licensee's agent.
h C.
C.
Sales of wine or cider or beer as provided for g o t hr in this section shall be permitted between the hours of 7:00 g e i k a.m.
Sales of wine or cider or beer as provided for in this section shall be permitted between the hours of 7:00 SB 413 Page 22 a.m.
and midnight Monday through Saturday, and the holder of a h r i s winegrower's license or public celebration permit may conduct h , t, wine or cider tastings and sell, by the glass or bottle, or e u g e b l e e h sell in unbroken packages for consumption off premises, but not n d d i = = o h for resale, wine or cider of the winegrower's own production or l ] b ,d i a º e beer produced and bottled by or for a small brewer pursuant to r i = r t e w d m a n o Section 60-6A-26.1 NMSA 1978 on the winegrower's premises d m :
and midnight Monday through Saturday, and the holder of a winegrower's license or public celebration permit may conduct wine or cider tastings and sell, by the glass or bottle, or sell in unbroken packages for consumption off 5 premises, but not for resale, wine or cider 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 11:00 a.m.
b e d s º o t n = .212383.5 s k m e - 23 - e a n e d r e l u [ A d between the hours of [12:00 noon] 11:00 a.m.
[As used in this subsection, "public celebration" includes any state or county fair, community fiesta, cultural or artistic event, sporting h competition of a seasonal nature or activities held on an u » r intermittent basis.] t h g e l i E.
E.
Every application for the issuance or annual h r i s renewal of a winegrower's license shall be on a form prescribed h , e h by the director and accompanied by a license fee to be computed t u g e b l e e , gh as follows on the basis of total annual wine or cider produced n d d i = = o h or blended:
Every application for the issuance or annual renewal of a winegrower's license shall be on a form prescribed by the director and accompanied by a license fee SB 413 Page 23 to be computed as follows on the basis of total annual wine or cider produced or blended:
l ] b ,d i a º r (1) less than five thousand gallons per year, e r = t e w d m a n o twenty-five dollars ($25.00) per year;
(1) less than five thousand gallons per year, twenty-five dollars ($25.00) per year;
d m :
5 (2) between five thousand and one hundred thousand gallons per year, one hundred dollars ($100) per year;
b r e t º o t n = .212383.5 s k m e - 24 - e a n e d r e l u [ A d (2) between five thousand and one hundred thousand gallons per year, one hundred dollars ($100) per year;
Section 60-6A-26.1 NMSA 1978 (being Laws 1985, Chapter 217, Section 5, as amended by Laws 2015, Chapter 102, h Section 5 and by Laws 2015, Chapter 124, Section 2) is amended g o t hr to read:
Section 60-6A-26.1 NMSA 1978 (being Laws 1985, Chapter 217, Section 5, as amended by Laws 2015, Chapter 102, Section 5 and by Laws 2015, Chapter 124, Section 2) is amended to read:
g e i k "60-6A-26.1.
"60-6A-26.1.
SMALL BREWER'S LICENSE.-- h r i s A.
SMALL BREWER'S LICENSE.-- A.
In a local option district, a person qualified h , t, pursuant to the provisions of the Liquor Control Act, except as e u g e b l e e h otherwise provided in the Domestic Winery, Small Brewery and n d d i = = o h Craft Distillery Act, may apply for and be issued a small l ] b ,d i a º e brewer's license.
In a local option district, a person qualified pursuant to the provisions of the Liquor Control Act, except SB 413 Page 24 as otherwise provided in the Domestic Winery, Small Brewery and Craft Distillery Act, may apply for and be issued a small brewer's license.
r i = r t e w d m a n o B.
B.
A small brewer's license authorizes the person d m :
A small brewer's license authorizes the person 5 to whom it is issued to:
b e d s º o t n = .212383.5 s k m e - 25 - e a n e d r e l u [ A d to whom it is issued to:
h (6) be deemed a manufacturer for purposes of u » r the Gross Receipts and Compensating Tax Act;
(6) be deemed a manufacturer for purposes of the Gross Receipts and Compensating Tax Act;
t h g e l i (7) at public celebrations off the small h r i s brewer's premises, after the small brewer has paid the h , e h applicable fee for a small brewer's public celebration permit, t u g e b l e e , gh conduct tastings and sell by the glass or in unbroken packages, n d d i = = o h but not for resale, beer produced and bottled by or for the l ] b ,d i a º r small brewer or wine or cider produced by a winegrower pursuant e r = t e w d m a n o to Section 60-6A-11 NMSA 1978;
(7) at public celebrations off the small brewer's premises, after the small brewer has paid the applicable fee for a small brewer's public celebration SB 413 Page 25 permit, conduct tastings and sell by the glass or in unbroken packages, but not for resale, beer produced and bottled by or for the small brewer or wine or cider produced by a winegrower pursuant to Section 60-6A-11 NMSA 1978;
d m :
5 (8) at private celebrations on or off the small brewer's premises after the small brewer has paid the applicable fees for a private celebration permit, sell by the glass, beer produced and bottled by or for the small brewer or wine or cider produced by a winegrower pursuant to Section 60-6A-11 NMSA 1978;
b r e t º o t n = .212383.5 s k m e - 26 - e a n e d r e l u [ A d (8) at private celebrations on or off the small brewer's premises after the small brewer has paid the applicable fees for a private celebration permit, sell by the glass, beer produced and bottled by or for the small brewer or wine or cider produced by a winegrower pursuant to Section 60-6A-11 NMSA 1978;
(9) buy or otherwise obtain wine or cider from a winegrower;
[(8)] (9) buy or otherwise obtain wine or cider from a winegrower;
(10) for the purposes described in this subsection, at no more than three other locations off the small brewer's premises, after the small brewer has paid the applicable fee for a small brewer's off-premises permit, after the director has determined that the off-premises locations 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-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 SB 413 Page 26 brewer or wine or cider produced by a winegrower pursuant to Section 60-6A-11 NMSA 1978;
[(9)] (10) for the purposes described in this subsection, at no more than three other locations off the small brewer's premises, after the small brewer has paid the applicable fee for a small brewer's off-premises permit, after the director has determined that the off-premises locations 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- h premises location, conduct beer tastings and sell by the glass u » r or in unbroken packages for consumption off the small brewer's t h g e l i off-premises location, but not for resale, beer produced and h r i s bottled by or for the small brewer, beer produced and bottled h , e h by or for another New Mexico small brewer or wine or cider t u g e b l e e , gh produced by a winegrower pursuant to Section 60-6A-11 NMSA n d d i = = o h 1978;
(11) allow members of the public, on the licensed premises and under the direct supervision of the 5 licensee, to manufacture beer for personal consumption and not for resale using the licensee's equipment and ingredients;
l ] b ,d i a º r [(10)] (11) allow members of the public, on e r = t e w d m a n o the licensed premises and under the direct supervision of the d m :
and (12) sell beer in a growler for consumption off premises.
b r e t º o t n = .212383.5 s k m e - 27 - e a n e d r e l u [ A d licensee, to manufacture beer for personal consumption and not for resale using the licensee's equipment and ingredients;
and [(11)] (12) sell beer in a growler for consumption off premises.
[C.] D.
D.
At public and private celebrations on or off the small brewer's premises in a local option district h permitting the sale of alcoholic beverages, the holder of a u » r small brewer's license shall pay ten dollars ($10.00) to the t h g e l i alcohol and gaming division of the regulation and licensing h r i s department for a "small brewer's public celebration permit" or h , e h a "small brewer's private celebration permit" to be issued t u g e b l e e , gh under rules adopted by the director.
At public and private celebrations on or off the small brewer's premises in a local option district permitting the sale of alcoholic beverages, the holder of a small brewer's license shall pay ten dollars ($10.00) to the alcohol and gaming division of the regulation and licensing department for a "small brewer's public celebration permit" SB 413 Page 27 or a "small brewer's private celebration permit" to be issued under rules adopted by the director.
Upon request, the alcohol n d d i = = o h and gaming division of the regulation and licensing department l ] b ,d i a º r may issue to a holder of a small brewer's license a public e r = t e w d m a n o celebration permit for a location at the public celebration d m :
Upon request, the alcohol and gaming division of the regulation and licensing department may issue to a holder of a small brewer's license 5 a public celebration permit for a location at the public celebration that is to be shared with other small brewers and winegrowers.
b r e t º o t n = .212383.5 s k m e - 28 - e a n e d r e l u [ A d that is to be shared with other small brewers and winegrowers.
E.
[As used in this subsection, "public celebration" includes a state or county fair, community fiesta, cultural or artistic event, sporting competition of a seasonal nature or activities held on an intermittent basis.
Sales and tastings of beer, wine or cider authorized in this section shall be permitted during the hours set forth in Subsection A of Section 60-7A-1 NMSA 1978 and between the hours of 11:00 a.m.
D.] E.
Sales and tastings of beer [or], wine or cider authorized in this section shall be permitted during the hours set forth in Subsection A of Section 60-7A-1 NMSA 1978 and between the hours of [noon ] 11:00 a.m.
(1) "private celebration" means any celebratory activity that is held in a private or public venue h not open to the general public and for which attendance is u » r subject to private invitation;
(1) "private celebration" means any celebratory activity that is held in a private or public venue not open to the general public and for which attendance is subject to private invitation;
and t h g e l i (2) "public celebration" includes any state or h r i s county fair, community fiesta, cultural or artistic event, h , e h sporting competition of a seasonal nature or activities held on t u g e b l e e , gh an intermittent basis." n d d i = = o h SECTION 7.
and (2) "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." SECTION 7.
EFFECTIVE DATE.--The effective date of the l ] b ,d i a º r provisions of this act is July 1, 2019.
EFFECTIVE DATE.--The effective date of the SB 413 Page 28 provisions of this act is July 1, 2019.
e r = t e w d m a n o d m :
SB 413 Page 29 3 5 7 9 25
b r e t º o t n = .212383.5 s k m e - 29 - e a n e d r e l u [ A d
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House Taxation & Revenue Committee

  5. passed Senate

  6. DO PASS committee report adopted

  7. DO PASS, as amended, committee report adopted

  8. Sent to Senate Public Affairs Committee & Senate Corporations and Transportation Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 413?
SB 413 is sponsored by Mimi Stewart (Democrat).
What is the current status of SB 413?
This bill has been enacted into law. Introduced January 30, 2019. Enacted.
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