2023 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 or cider is exempt from the procurement of any other license pursuant to the terms of the Liquor Control Act [60-3A-1 NMSA 1978], 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 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;
(2) store, transport, import or export wines or ciders;
(3) sell wines or ciders to a holder of a New Mexico winegrower's, wine wholesaler's, wholesaler's, wine exporter's, craft distiller's or small brewer'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 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 authorizing the purchase of wine or cider;
(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, mixing or bottling of wines or ciders;
(8) buy or otherwise obtain beer from a small brewer or spirituous liquor from a craft distiller for the purposes described in this subsection;
(9) conduct wine, cider, beer or spirituous liquor 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, beer produced and bottled by or for a small brewer pursuant to Section 60-6A-26.1 NMSA 1978 or spirituous liquor produced and bottled by or for a craft distiller pursuant to Section 60-6A-6.1 NMSA 1978;
(10) at no more than three off-premises locations, conduct wine, cider, beer or spirituous liquor 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 or spirituous liquor produced and bottled by or for a craft distiller pursuant to Section 60-6A-6.1 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 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, beer produced and bottled by or for a small brewer pursuant to Section 60-6A-26.1 NMSA 1978 or spirituous liquor produced and bottled by or for a craft distiller pursuant to Section 60-6A-6.1 NMSA 1978;
(13) at private celebrations on or off the winegrower's premises after the winegrower has paid the applicable fees and been issued the appropriate permit, sell:
(a) by the glass or bottle, wine or cider produced by or for the winegrower;
(b) by the glass, beer produced by a small brewer pursuant to Section 60-6A-26.1 NMSA 1978; or
(c) by the drink, spirituous liquors produced and bottled by or for a craft distiller pursuant to Section 60-6A-6.1 NMSA 1978;
(14) sell wine or cider in a growler for consumption off premises; 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.
C. At public and private celebrations on or off the winegrower's premises in any local option district permitting the sale of alcoholic beverages, the holder of a winegrower's license shall pay ten dollars ($10.00) to the alcoholic beverage control division of the regulation and licensing department for a "winegrower's public celebration permit" or a "winegrower's private celebration permit" to be issued under rules adopted by the director. Upon request, the alcoholic beverage control 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.
D. 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 or cider 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.
E. As used in this section:
(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
(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.
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; 2019, ch. 229, § 5; 2021, ch. 7, § 12.
ANNOTATIONS
Cross references.
— For the Federal Alcohol Administration Act,
see
Title 27, U.S.C. §§ 201 to 212.
The 2021 amendment,
effective July 1, 2021, allowed winegrower's licensees to obtain spiritous liquor from a craft distiller and beer from a small brewer and to conduct tastings, allowed winegrower's licensees to sell, by the drink, spiritous liquors produced and bottled by or for a craft distiller, and removed a provision related to the permissible hours of sale for certain alcoholic beverages; in Paragraph B(3), after "wine exporter's", added "craft distiller's or small brewer's", in Paragraph B(8), after "small brewer", added "or spiritous liquor from a craft distiller", in Paragraph B(9), after the first occurrence of "cider", added "beer or spiritous liquor", and after "Section 60-6A-26.1 NMSA 1978", added "or spiritous liquor produced and bottled by or for a craft distiller pursuant to Section 60-6A-6.1 NMSA 1978", in Paragraph B(10), after the first occurrence of "cider", added "beer or spiritous liquor", and after "Section 60-6A-26.1 NMSA 1978", added "or spiritous liquor produced and bottled by or for a craft distiller pursuant to Section 60-6A-6.1 NMSA 1978", in Paragraph B(12), after "produced by or for the winegrower", added the remainder of the subparagraph, and in Paragraph B(13), added Subparagraph B(13)(c); deleted former Subsection C and redesignated former Subsections D through F as Subsections C through E, respectively; and in Subsection C, replaced each occurrence of "alcohol and gaming" with "alcoholic beverage control".
The 2019 amendment,
effective July 1, 2019, provided for private celebration winegrowers' permits, included cider in the provisions of this section, expanded the hours for sales of certain alcoholic beverages, and made technical amendments; after each occurrence of "wine", added "or cider" throughout the section; in Subsection B, Paragraph B(9), after "Section", deleted "60-2A-26.1" and added "60-6A-26.1", added a new Paragraph B(13) and redesignated former Paragraphs B(13) as B(14) as Paragraphs B(14) and B(15); in Subsection C, after "between the hours of", deleted "12:00 noon" and added "11:00 a.m."; in Subsection D, after "At public", added "and private", after "public celebration permit'", added "or a 'winegrower's private celebration permit'", and deleted "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."; and added Subsection F.
2015 Amendments.
— 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.