SB 306 — WINE & BEER SALES & PRIVATE CELEBRATIONS

SENATE BILL 306 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY John Arthur Smith 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.

PROVIDING FOR WINEWINE, SCORCº,CIDER h CIDER»SCORC AND BEER SALES AT PRIVATE CELEBRATIONS;

DEFINING g o t hr "PRIVATE CELEBRATIONS";

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

h7 r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e u g e b l e e h SECTION 1.

Section 60-6A-11 NMSA 1978 (being Laws 1981, n d d i = = o h Chapter 39, Section 28, as amended by Laws 2015, Chapter 102, l ] b ,d i a º e Section 4 and by Laws 2015, Chapter 105, Section 1 and also by r i = r t e w d m a n o Laws 2015, Chapter 124, Section 1) is amended to read:

d"60-6A-11. m :

b e d s º o t n = .212403.1 s k m e e a n e d r e l u [ A d "60-6A-11.

A person in this state who produces wine SCORCº or cider»SCORCcider is exempt from the procurement of any other license pursuant to the terms of the Liquor Control Act, but not from the procurement of a winegrower's license.

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 306 wine shall not include the winegrower's production of wine Page 1 for out-of-state wine producer license holders.

A person issued a winegrower's license pursuant h to this section may do any of the following:

u » r (1) manufacture or produce wine, including t h g e l i blending, mixing, flavoring, coloring, bottling and labeling, h r i s whether the wine is manufactured or produced for a winegrower h , e h or an out-of-state wine producer holding a permit issued t u g e b l e e , gh pursuant to the Federal Alcohol Administration Act and a valid n d d i = = o h license in a state that authorizes the wine producer to l ] b ,d i a º r manufacture, produce, store or sell wine;

e r = t e w d m a n o (2) store, transport, import or export wines;

d(3) msell :wines to a holder of a New Mexico winegrower's, wine wholesaler's, wholesaler's or wine exporter's license or to a winegrower's agent;

b r e t º o t n = .212403.1 s k m e - 2 - e a n e d r e l u [ A d (3) sell wines to a holder of a New Mexico winegrower's, wine wholesaler's, wholesaler's or wine exporter's license or to a winegrower's agent;

(7) buy wine or distilled wine products from other persons, including licensees and permittees under the SB 306 Page 2 Liquor Control Act, for use in blending, mixing or bottling of wines;

(8) buy or otherwise obtain beer from a small h brewer for the purposes described in this subsection;

g o t hr (9) conduct wine SCORCº or cider»SCORCcider g e i k tastings and sell, by the glass or by the bottle, or sell in h r i s unbroken packages for consumption off the premises, but not for h , t, resale, wine SCORCº or cider»SCORCcider of the winegrower's own e u g e b l e e h production, wine produced by another New Mexico winegrower on n d d i = = o h the winegrower's premises or beer produced and bottled by or l ] b ,d i a º e for a small brewer pursuant to Section [60-2A-26.1] 60-6A-26.1 r i = r t e w d m a n o NMSA 1978;

d(10) mat :no more than three off-premises locations, conduct wine tastings, sell by the glass and sell in unbroken packages for consumption off premises, but not for resale, wine of the winegrower's own production, wine 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;

b e d s º o t n = .212403.1 s k m e - 3 - e a n e d r e l u [ A d (10) at no more than three off-premises locations, conduct wine tastings, sell by the glass and sell in unbroken packages for consumption off premises, but not for resale, wine of the winegrower's own production, wine 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 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;

(12) at public celebrations on or off the winegrower's premises, after the winegrower has paid the SB 306 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 h resale, wine SCORCº or cider»SCORCcider produced by or for the u » r winegrower;

t h g e l i (13) at private celebrations on or off the h r i s winegrower's premises after the winegrower has paid the h , e h applicable fees and been issued the appropriate permit, sell:

t u g e b l e e , gh (a) by the glass or bottle, wine nor dcider d i = = o h SCORCºor cider»SCORC produced by or for the winegrower;

or l ] b ,d i a º r (b) by the glass, beer produced by a e r = t e w d m a n o small brewer pursuant to Section 60-6A-26.1 NMSA 1978;

d(14) msell :wine or cider in a growler for consumption off premises;

band r(15) ein taccordance ºwith othe tprovisions nof =this .212403.1section sthat krelate mto ethe -sale 4of -wine, eaccept aand nfulfill ean dorder rfor ewine lthat uis [placed Avia dan [(13)]internet (14)website, sellwhether winethe orfinancial cidertransaction inrelated ato growlerthe fororder consumptionis offadministered premises;by the licensee or the licensee's agent.

and [(14)] (15) in accordance with the provisions of this section that relate to the sale of wine, accept and fulfill an order for wine 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.

Sales of winewine, SCORCºcider , cider»SCORC or beer as provided for in this section shall be permitted between the hours of 7:00 a.m.

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, SB 306 Page 4 or sell in unbroken packages for consumption off premises, but not for 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 h winegrower's premises between the hours of [12:00 noon ] 11:00 u » r a.m.

t h g e l i D.

At public and private celebrations on or off the h r i s winegrower's premises in any local option district permitting h , e h the sale of alcoholic beverages, the holder of a winegrower's t u g e b l e e , gh license shall pay ten dollars ($10.00) to the alcohol and n d d i = = o h gaming division of the regulation and licensing department for l ] b ,d i a º r a "winegrower's public celebration permit" or a "winegrower's e r = t e w d m a n o private celebration permit" to be issued under rules adopted by dthe mdirector. :

b r e t º o t n = .212403.1 s k m e - 5 - e a n e d r e l u [ A d the director.

[As used in this 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.

(1) less than five thousand gallons per SB 306 Page 5 year, twenty-five dollars ($25.00) per year;

h (2) between five thousand and one hundred u » r thousand gallons per year, one hundred dollars ($100) per year;

t h g e l i and h r i s (3) over one hundred thousand gallons per h , e h year, two hundred fifty dollars ($250) per year.

t u g e b l e e , gh F.

n d d i = = o h (1) "private celebration" means any l ] b ,d i a º r celebratory activity that is held in a private or public venue e r = t e w d m a n o not open to the general public and for which attendance is dsubject mto :private invitation;