reglab/housing_qa huggingface dataset:
NM Stat § 60-6A-3 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-3 - Dispenser's license.

A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a dispenser's license for the sale of alcoholic beverages.B. A dispenser's license, when issued, shall only be used by the person to whom the license is issued and shall only be used within the licensed premises, pursuant to provisions of the Liquor Control Act.C. In any local option district within a class B county having a population of between fifty-six thousand and fifty-seven thousand according to the 1980 federal decennial census, a person with a dispenser's license that sells retail gasoline on the premises shall not sell alcoholic beverages other than beer with less than ten percent alcohol by volume. History: Laws 1981, ch. 39, § 20; 2021, ch. 7, § 8. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, prohibited certain dispenser's license holders from selling alcoholic beverages other than beer with less than ten percent alcohol by volume; and added Subsection C. Director cannot authorize transfer of license from county to county. — The director has no power to authorize the transfer of a retailer's or dispenser's license from one county to another. 1967 Op. Att'y Gen. No. 67-124. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 130. Hotel or inn, what constitutes, within meaning of liquor statute, 19 A.L.R. 531, 53 A.L.R. 988. 48 C.J.S. Intoxicating Liquors § 135.
NM Stat § 60-6A-5 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-5 - Club licenses.

A. In any local option district, a club qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a club license. B. Club licenses shall not be transferred from one owner to another. A club license may be transferred from one location to another upon compliance with the provisions of the Liquor Control Act. A club license shall not be leased. C. The provisions of Section 35 [60-6A-18 NMSA 1978] of the Liquor Control Act shall not apply to club licenses. History: Laws 1981, ch. 39, § 22. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 183. Grant or renewal of liquor license as affected by fact that applicant held such license in the past, 2 A.L.R.2d 1239. 48 C.J.S. Intoxicating Liquors § 123.
NM Stat § 60-6A-6 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-6 - Manufacturer's license.

In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a manufacturer's license. History: Laws 1981, ch. 39, § 23. ANNOTATIONSTemporary provisions. — Laws 2011, ch. 110, § 5 provided that: A. If a person has submitted an application for a manufacturer's license as a distiller to the director of the alcohol and gaming division of the regulation and licensing department and, on July 1, 2011, the application has not yet been approved, the person may submit a request in writing to the director no later than July 31, 2011 to convert the application from a manufacturer's license as a distiller to an application for a craft distiller's license in accordance with procedures adopted by the director. B. If, within one hundred twenty days prior to or subsequent to July 1, 2011, a person obtains approval for a manufacturer's license as a distiller, the person may submit a request in writing to the director of the alcohol and gaming division of the regulation and licensing department to convert the manufacturer's license as a distiller to a craft distiller's license pursuant to procedures adopted by the director and upon payment of licensing fees as provided in Section 60-6A-27 NMSA 1978. There shall be no refunds of application or licensing fees unless otherwise provided by law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 126. 48 C.J.S. Intoxicating Liquors § 125.
NM Stat § 60-6A-8 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-8 - Wine bottler's license.

Before any wholesaler whose license permits the sale of wine for resale packages wine for resale, he shall procure from the department a wine bottler's license. History: Laws 1981, ch. 39, § 25; 1988, ch. 60, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 48 C.J.S. Intoxicating Liquors § 124.
NM Stat § 60-6A-9 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-9 - Public service license.

A. Every person selling alcoholic beverages to travelers on trains or airplanes within the state shall secure a public service license from the department on or before July 1 of each year. B. A photostatic copy of the license shall be posted in each train car from which alcoholic beverages are sold, or on the premises at each airport where alcoholic beverages are stored and issued to airplanes. History: Laws 1981, ch. 39, § 26. ANNOTATIONSFederal preemption. — New Mexico's regulatory scheme of airlines' alcoholic beverage services provided to passengers is impliedly preempted as it falls within the field of aviation safety that congress intended federal law to occupy exclusively. However, the twenty-first amendment of the United States constitution requires a balancing of New Mexico's core powers and the federal interests underlying the FAA. US Airways, Inc. v. O'Donnell, 627 F.3d 1318 (10th Cir. 2010). Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 132. 48 C.J.S. Intoxicating Liquors § 20.
NM Stat § 60-6A-11.1 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-11.1 - Direct wine shipment permit; authorization; restrictions.

A. A licensee with a winegrower's license or a person licensed in a state other than New Mexico that holds a winery license may apply to the director for and the director may issue to the applicant a direct wine shipment permit. An application for a direct wine shipment permit shall include: (1) contact information for the applicant in a form required by the department; (2) an annual application fee of fifty dollars ($50.00) if the applicant does not hold a winegrower's license; (3) the number of the applicant's winegrower's license if the applicant is located in New Mexico or a copy of the applicant's winery license if the applicant is located in a state other than New Mexico; and (4) any other information or documents required by the director. Upon approval of an applicant for a permit, the director shall forward to the taxation and revenue department the name of each permittee and the contact information for the permittee. B. A direct wine shipment permit shall be valid for a permit year. A permittee shall renew a direct wine shipment permit annually as required by the department to continue making direct shipments of wine to New Mexico residents. C. A permittee may ship: (1) not more than two nine-liter cases of wine monthly to a New Mexico resident who is twenty-one years of age or older for the recipient's personal consumption or use, but not for resale; and (2) wine directly to a New Mexico resident only in containers that are conspicuously labeled with the words: "CONTAINS ALCOHOL SIGNATURE OF PERSON 21 YEARS OR OLDER REQUIRED FOR DELIVERY". D. A permittee shall: (1) register with the taxation and revenue department for the payment of liquor excise tax and gross receipts taxes due on the sales of wine pursuant to the permittee's activities in New Mexico; (2) submit to the jurisdiction of New Mexico courts to resolve legal actions that arise from the shipping by the permittee of wine into New Mexico to New Mexico residents; (3) monthly, by the twenty-fifth day of each month following the month in which the permittee was issued a direct wine shipment permit, pay to the taxation and revenue department the liquor excise tax due and the gross receipts tax due; and (4) submit to an audit by an agent of the taxation and revenue department of the permittee's records of the wine shipped pursuant to this section to New Mexico residents upon notice and during usual business hours. E. As used in this section: (1) "permit year" means the period between July 1 and June 30 of a year; and (2) "permittee" means a person that is the holder of a direct wine shipment permit. History: 1978 Comp., § 60-6A-11.1, enacted by Laws 2011, ch. 109, § 1. ANNOTATIONSEffective dates. — Laws 2011, ch. 109, § 3 made Laws 2011, ch. 109, § 1 effective July 1, 2011.
NM Stat § 60-6A-13 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-13 - Registration to transport.

For the renewal year beginning on July 1, 1998 and every three years thereafter, every common carrier transporting alcoholic beverages into and for delivery within the state shall register with the department and pay a registration fee of fifty dollars ($50.00). History: Laws 1981, ch. 39, § 30; 1998, ch. 79, § 2. ANNOTATIONSThe 1998 amendment, effective May 20, 1998, substituted "For the renewal year beginning on July 1, 1998 and every three years thereafter" for "On July 1 of each year" at the beginning of the section and "fifty dollars ($50.00)" for "fifteen dollars ($15.00)" at the end. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 131. 48 C.J.S. Intoxicating Liquors § 208.
NM Stat § 60-6A-14 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-14 - Sacramental wine.

No license shall be required of any person to sell wine for use in this state which is to be used exclusively for sacramental or religious purposes when the wine is consigned to any bona fide priest, pastor, bishop, rabbi, preacher or minister of the gospel of any religious faith or denomination and the container, barrel, case or carton is plainly and legibly labeled: "Wine To Be Used Exclusively For Sacramental And Religious Purposes"; no licenses or transportation permit or other permit shall be required for the importation, delivery, transportation or distribution of any such wine when it is consigned to any such bona fide priest, pastor, bishop, rabbi, preacher or minister of the gospel, and the container, barrel, case or carton thereof is plainly and legibly labeled as provided in this section. History: Laws 1981, ch. 39, § 31. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 75. 48 C.J.S. Intoxicating Liquors §§ 129, 200.
NM Stat § 60-6A-17 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-17 - Issuance of licenses and collection of fees.

All licenses provided for pursuant to the Liquor Control Act [60-3A-1 NMSA 1978] shall be issued by the director in strict compliance with the provisions of that act, and license fees shall be collected by the director and remitted to the state treasurer. History: Laws 1981, ch. 39, § 34. ANNOTATIONSLaw reviews. — For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Resources J. 599 (1967). Am. Jur. 2d, A.L.R. and C.J.S. references. — 48 C.J.S. Intoxicating Liquors § 187.
NM Stat § 60-6A-19 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-19 - No property right in license; exception.

A. The holder of any license issued under the Liquor Control Act [60-3A-1 NMSA 1978] or any former act has no vested property right in the license, which is the property of the state; provided that retailer's licenses, dispenser's licenses and canopy licenses that were replaced by dispenser's licenses pursuant to Section 60-6B-16 NMSA 1978: (1) shall be considered property subject to execution, attachment, a security transaction, liens, receivership and all other incidents of tangible personal property under the laws of this state, except as otherwise provided in the Liquor Control Act; (2) may be assigned, transferred from person to person or leased, provided all requirements of the Liquor Control Act and department regulations are fulfilled; and (3) shall be transferred as personal property upon attachment, execution, repossession by a secured party or lienor, foreclosure by a creditor, appointment of a receiver for the licensee, death of the licensee, filing of a petition of bankruptcy by or for the licensee, incapacity of the licensee or dissolution of the licensee. The director may by rule or regulation determine any application or notice requirement for a person who temporarily holds a license pursuant to this subsection. B. Any license issued under the Liquor Control Act [60-3A-1 NMSA 1978] may be transferred to any location not otherwise contrary to law within the same local option district where the license is then located, provided all requirements of the Liquor Control Act and department regulations are fulfilled. History: Laws 1981, ch. 39, § 36; 1991, ch. 257, § 1. ANNOTATIONSThe 1991 amendment, effective June 14, 1991, designated the previously undesignated provisions as Subsection A and Paragraph (1) thereof; in Subsection A, substituted "provided that retailer's licenses, dispenser's licenses and canopy licenses that were replaced by dispenser's licenses pursuant to Section 60-6B-16 NMSA 1978" for "provided that until June 30, 1991 licenses issued prior to the effective date of the Liquor Control Act" at the end of the introductory paragraph and added Paragraphs (2) and (3); and added Subsection B. Constitutionality. — This section is constitutional. It does not take existing property interests without due process and it does not unreasonably deprive the owner of a liquor license of all or substantially all of the beneficial use of his license. Chronis v. State ex rel. Rodriguez, 1983-NMSC-081, 100 N.M. 342, 670 P.2d 953. A liquor license is a privilege subject to regulation and not a property right. Chronis v. State ex rel. Rodriguez, 1983-NMSC-081, 100 N.M. 342, 670 P.2d 953. Am. Jur. 2d, A.L.R. and C.J.S. references. — Liquor license as subject to execution or attachment, 40 A.L.R.4th 927. Security interests in liquor licenses, 56 A.L.R.4th 1131.
NM Stat § 60-6A-20 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-20 - Vested rights of licensees operating breweries, distilleries, rectifying plants or wineries.

If a permit or license is issued to a person for the operation of a brewery, distillery, rectifying plant or winery, and the permittee or licensee has commenced the operation of the brewery, distillery, rectifying plant or winery under the terms of the permit or license, the permit or license shall be construed to constitute a contract vesting in the licensee, for a period of fifty years from the date of the original issuance of the license or permit, a right to operate the business, which right shall not be impaired by any subsequent legislation or local option election. This section shall not be construed to permit the licensee or permittee to sell its products in this state contrary to the current laws of this state. History: Laws 1981, ch. 39, § 17. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 48 C.J.S. Intoxicating Liquors § 108.
NM Stat § 60-6A-21 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-21 - Short title.

Sections 60-6A-21 through 60-6A-28 NMSA 1978 may be cited as the "Domestic Winery, Small Brewery and Craft Distillery Act". History: 1978 Comp., § 60-6A-21, enacted by Laws 1983, ch. 280, § 2; 1993, ch. 68, § 8; 2011, ch. 110, § 1. ANNOTATIONSThe 2011 amendment, effective July 1, 2011, changed the name of the act to include craft distilleries. The 1993 amendment, effective July 1, 1993, inserted "and Small Brewery".
NM Stat § 60-6A-22 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-22 - Definitions.

As used in the Domestic Winery, Small Brewery and Craft Distillery Act: A. "brandy" means an alcoholic liquor distilled from wine or from fermented fruit juice; B. "beer" means any fermented beverage containing more than one-half percent alcohol obtained by the fermentation of any infusion or decoction of barley, malt and hops or other cereal in water, and includes porter, beer, ale and stout; C. "craft distiller" means a person licensed as a craft distiller who owns or operates a business for the manufacture of spirituous liquors but who does not manufacture more than one hundred fifty thousand proof gallons per license year; D. "small brewer" means any person who owns or operates a business for the manufacture of beer but does not manufacture more than two hundred thousand barrels of beer per year; E. "proof gallon" means a gallon of liquid at sixty degrees Fahrenheit that contains fifty percent ethyl alcohol by volume or its equivalent; F. "public celebration" means any state fair, county fair, community fiesta or cultural or artistic performance; G. "wine" means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar, or any such alcoholic beverage to which is added grape brandy, fruit brandy or spirits of wine that is distilled from the particular agricultural products of which the wine is made, and other rectified wine products by whatever name that do not contain more than fifteen percent added flavoring, coloring and blending material and that contain not more than twenty-four percent alcohol by volume, and includes vermouth; H. "wine blender" means a person authorized to operate a bonded wine cellar pursuant to a permit issued for that purpose under the internal revenue laws of the United States but who does not have facilities or equipment for the conversion of grapes, berries or other fruit into wine and does not engage in the production of wine in commercial quantities; provided that any person who produces or blends not to exceed three hundred gallons of wine per year shall not, because of such production or blending, be considered a wine blender; and I. "winer" means a person licensed as a winegrower. History: 1978 Comp., § 60-6A-22, enacted by Laws 1983, ch. 280, § 3; 1985, ch. 217, § 1; 1998, ch. 109, § 3; 2011, ch. 110, § 2. ANNOTATIONSThe 2011 amendment, effective July 1, 2011, added definitions of "craft distiller" and "proof gallon". The 1998 amendment, effective July 1, 1998, substituted "a person licensed as a winegrower" for "any person who has facilities and equipment for the conversion in New Mexico, of grapes, berries or other fruit into wine and is engaged in the commercial production of wine; provided that any person who produces not to exceed two hundred gallons of wine per year for his own consumption shall not, because of such production, be considered a winer" near the beginning of Subsection G.
NM Stat § 60-6A-23 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-23 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 109, § 8 repeals 60-6A-23 NMSA 1978, enacted by Laws 1983, ch. 280, § 4, relating to winer's license, effective July 1, 1998. For provisions of former section, see 1997 Cumulative Supplement.
NM Stat § 60-6A-24 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-24 - Wine blender's license.

A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], except as otherwise provided in the Domestic Winery and Small Brewery Act [60-6A-21 to 60-6A-28 NMSA 1978], may apply for and be issued a wine blender's license. B. A wine blender's license authorizes the person to whom it is issued to: (1) package, rectify, blend, mix, flavor, color, label and export wine, whether manufactured or produced by him or any other person; (2) sell only wine packaged by or for him to a person holding a New Mexico wine wholesaler's, wholesaler's, winegrower's or wine exporter's license or to a winegrower's agent; (3) deal in warehouse receipts for wine; and (4) be deemed a manufacturer for purposes of the Gross Receipts and Compensating Tax Act [Chapter 7, Article 9 NMSA 1978]. C. A wine blender's license does not authorize the person to whom it is issued: (1) to crush, ferment and produce wine from grapes, berries and other fruits; (2) to obtain or be issued a winer's license, a retailer's license or a dispenser's license; (3) to buy, sell, receive or deliver wine from persons other than authorized licensees; or (4) to conduct wine tastings or sell for consumption off premises, at retail, or to sponsor wine tastings, either on or off the wine blender's premises. History: 1978 Comp., § 60-6A-24, enacted by Laws 1983, ch. 280, § 5; 1985, ch. 217, § 3; 1998, ch. 109, § 4. ANNOTATIONSThe 1998 amendment, effective July 1, 1998, added Subsection B and redesignated former Subsection B as Subsection C, rewriting the subsection.
NM Stat § 60-6A-25 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-25 - Repealed.

History: 1978 Comp., § 60-6A-25, enacted by Laws 1983, ch. 280, § 6; 1985, ch. 217, § 4; repealed by Laws 2021, ch. 7, § 36.ANNOTATIONSRepeals. — Laws 2021, ch. 7, § 36 repealed 60-6A-25 NMSA 1978, as enacted by Laws 1983, ch. 280, § 6, relating to brandy manufacturer's license, effective July 1, 2021. For provisions of former section, see the 2020 NMSA 1978 on NMOneSource.com.
NM Stat § 60-6A-26 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-26 - Wine exporter's license.

A wine exporter's license authorizes the person to whom it is issued, and under regulations prescribed by the director, to sell, deliver or consign wine or brandy manufactured or produced within this state for delivery, use or sale without the state. History: 1978 Comp., § 60-6A-26, enacted by Laws 1983, ch. 280, § 7. ANNOTATIONSCross references. — For definition of "director," see 60-3A-3G NMSA 1978.
NM Stat § 60-6A-26.2 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-26.2 - Beer bottler's license.

A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], before he bottles beer for a person holding a small brewer's license, shall procure from the department a beer bottler's license. B. A beer bottler's license authorizes the person to whom it has been issued to do the following: (1) bottle beer for the holder of a small brewer's license; (2) hold or store beer in bulk that was produced by a small brewer until it is bottled; and (3) hold or store beer that he has bottled on his premises. C. A beer bottler's license shall not authorize the person to whom it has been issued to sell, serve, deliver or allow consumption of beer in unopened packages or by the drink at wholesale or retail on his licensed premises. History: Laws 1993, ch. 68, § 10.