2018 New Mexico Statutes
Chapter 60 - Business Licenses
Article 6A - State Licenses
Section 60-6A-11 - Winegrower's license.
A. A person in this state who produces wine 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. Except during periods of shortage or reduced availability, at least fifty percent of 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 include the winegrower's production of wine for out-of-state wine producer license holders.
B. A person issued a winegrower's license pursuant to this section may do any of the following:
(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 license in a state that authorizes the wine producer to manufacture, produce, store or sell wine;
(2) store, transport, import or export wines;
(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;
(4) transport not more than two hundred cases of wine in a calendar year to another location within New Mexico by common carrier;
(5) deal in warehouse receipts for wine;
(6) sell wines in other states or foreign jurisdictions to the holders of a license issued under the authority of that state or foreign jurisdiction authorizing the purchase of wine;
(7) buy wine or distilled wine products from other persons, including licensees and permittees under the Liquor Control Act, for use in blending, mixing or bottling of wines;
(8) buy or otherwise obtain beer from a small brewer for the purposes described in this subsection;
(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 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 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;
(11) be deemed a manufacturer for purposes of the Gross Receipts and Compensating Tax Act [Chapter 7, Article 9 NMSA 1978];
(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 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;
(13) sell wine or cider in a growler for consumption off premises; and
(14) 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, whether the financial transaction related to the order is administered by the licensee or the licensee's agent.
C. Sales of wine 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, 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 winegrower's premises between the hours of 12:00 noon and midnight on Sunday.
D. At public celebrations off the winegrower's premises in any local option district permitting the sale of alcoholic beverages, the holder of a winegrower's license shall pay ten dollars ($10.00) to the alcohol and gaming division of the regulation and licensing department for a "winegrower's public celebration permit" to be issued under rules adopted by the director. Upon request, the alcohol and gaming division of the regulation and licensing department may issue to a holder of a winegrower's license a public celebration permit for a location at the public celebration that is to be shared with other winegrowers and small brewers. 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. 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 to be computed as follows on the basis of total annual wine produced or blended:
(1) less than five thousand gallons per year, twenty-five dollars ($25.00) per year;
(2) between five thousand and one hundred thousand gallons per year, one hundred dollars ($100) per year; and
(3) over one hundred thousand gallons per year, two hundred fifty dollars ($250) per year.
History: Laws 1981, ch. 39, § 28; 1985, ch. 15, § 1; 1987, ch. 98, § 2; 1988, ch. 60, § 3; 1993, ch. 329, § 2; 1995, ch. 122, § 1; 1998, ch. 109, § 2; 1999, ch. 211, § 1; 2001, ch. 248, § 1; 2001, ch. 260, § 1; 2005, ch. 216, § 1; 2011, ch. 71, § 1; 2015, ch. 102, § 4; 2015, ch. 105, § 1; 2015, ch. 124, § 1.
Cross references. — For the Federal Alcohol Administration Act, see Title 27, U.S.C. §§ 201 to 212.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Subsection B (9) references "Section 60-2A-26.1 NMSA 1978". The reference should be to Section 60-6A-26.1 NMSA 1978.
2015 Multiple Amendments. — Laws 2015, ch. 102, § 4, Laws 2015, ch. 105, § 1, and Laws 2015, ch. 124, § 1 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2015, ch. 124, § 1, as the last act signed by the governor, is set out above and incorporates all amendments. The amendments enacted by Laws 2015, ch. 102, § 4, Laws 2015, ch. 105, § 1, and Laws 2015, ch. 124, § 1 are described below. To view the session laws in their entirety, see the 2015 session laws on NMOneSource.com.
The nature of the difference between the amendments is that Laws 2015, ch. 124, § 1 provided for retail reciprocity between winegrowers and small brewers by allowing winegrowers to buy and sell beer produced and bottled by a New Mexico small brewer's licensee; Laws 2015, ch. 105, § 1, authorized a person issued a winegrower's license or the licensee's agent to make sales of wine via an internet website; and Laws 2015, ch. 102, § 4, authorized a person issued a winegrower's license to sell wine or cider in a growler for consumption off premises.
Laws 2015, ch. 124, § 1, effective July 1, 2015, in Subsection A, added "A person in this state who produces wine is", and after "procurement of a winegrower's license", deleted "is a person in this state who produces wine"; in Subsection B, Paragraph (1), after "producer holding permit issued", deleted "by the federal alcohol tax unit of the internal revenue service" and added "pursuant to the Federal Alcohol Administration Act"; added Paragraph (8) of Subsection B and redesignated the succeeding paragraphs accordingly; in Subsection B, Paragraph (9), after "winegrower's own production", deleted "or", and after "winegrower's premises", added "or beer produced and bottled by or for a small brewer pursuant to Section 60-2A-26.1 [60-6A-26.1] NMSA 1978"; in Subsection B, Paragraph (10), after "winegrower's own production", deleted "or", and after "New Mexico winegrower", added "or beer produced and bottled by or for a small brewer pursuant to Section 60-6A-26.1 NMSA 1978"; and in Subsection C, after "Sales of wine", added "or beer", after "by the glass or bottle, or", added "sell", and after "winegrower's own production", added "or beer produced and bottled by or for a small brewer pursuant to Section 60-6A-26.1 NMSA 1978".
Laws 2015, ch. 105, § 1, effective July 1, 2015, added Paragraph (12) of Subsection B.
Laws 2015, ch. 102, § 4, effective July 1, 2015, in Subsection A, added "A person in this state who produces wine is", after "winegrower's license", deleted "is a person in this state who produces wine"; and added Paragraph (12) of Subsection B.
The 2011 amendment, effective June 17, 2011, permitted winegrowers to produce wine for out-of-state wine producers and provided that wine produced for out-of-state wine producers shall not be included in the calculation of the winegrower's annual production of wine.
The 2005 amendment, effective June 17, 2005, increased from "one hundred" to "two hundred" in Subsection B(4) the number of cases of wine that may be transported; added the right to sell by the glass in Subsection B(9); and deleted the former exception in Subsection C that referred to the limitation in Section 60-7A-1D NMSA 1978.
The 2001 amendment, effective July 1, 2001, in Subsection B, inserted "or wine produced by another New Mexico winegrower" in Paragraphs (8) and (9); deleted Paragraph (12), giving a licensed winegrower the ability to apply for a permit to join other licensed winegrowers to sell wine produced at a common facility; in Subsection D, inserted "alcohol and gaming division of the regulation and licensing" preceding "department" in two places, and substituted "winegrowers and small brewers" for "permittees".
The 1999 amendment, effective April 6, 1999, in Subsection B added present Paragraph (4) and redesignated the subsequent paragraphs accordingly.
The 1998 amendment, effective July 1, 1998, substituted "pursuant to" for "under" near the beginning of Subsection A; in Subsection B, substituted "A" for "Any" near the beginning, deleted "Subsection A of" near the end; inserted "manufacture or" in two places in Paragraph B(1); in Paragraph B(3), deleted "winer's" following "wine wholesaler's," and inserted "or to a winegrower's agent;" near the end; added Paragraph B(4) and redesignated former Paragraphs B(4)-B(7) as Paragraphs B(5)-B(8); substituted "the" for "such a" near the end of Paragraph B(5); rewrote Paragraph B(7); substituted "three" for "two" at the beginning of Paragraph B(8); added Paragraphs B(9)-B(11); in Subsection C, inserted "for" near the beginning, deleted "Paragraphs (6) and (7) of Subsection B of" following "this section shall be permitted", inserted "or public celebration permit" near the middle, inserted "bottle or" following "in unbroken packages", and inserted "for consumption off premises but not for resale" near the end; and in Subsection D, substituted "shall pay" for "upon the payment of" near the beginning and deleted "may conduct tastings, sell in unbroken packages for consumption at other than the public celebration, but not for resale, and sell, for consumption at a public celebration, wine of his own production" near the middle.
The 1995 amendment, effective June 16, 1995, in Subsection C, substituted "Subsection D" for "Subsections C and D" and deleted "in local option districts in which Sunday sales are permitted" preceding "the holder of".
The 1993 amendment, effective June 18, 1993, purported to amend this section but made no change.
Sunday sales. — Vineyard owners who have a "grower's permit" are not prohibited from selling wine by the bottle on Sunday in those local option districts that permit Sunday liquor sales. 1988 Op. Att'y Gen. No. 88-04.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 211.
48 C.J.S. Intoxicating Liquors § 129.
