New Mexico § 60-6A-26.1 - Small brewer's license
Full text of New Mexico New Mexico Statutes Annotated § 60-6A-26.1 — Small brewer's license, with citation guidance and answers to common questions.
§ 60-6A-26.1. Small brewer's license
A. In a local option district, a person qualified pursuant to the provisions of the
Liquor Control Act, except as otherwise provided in the Domestic Winery, Small Brewery
and Craft Distillery Act, may apply for and be issued a small brewer's license. B. A small brewer's license authorizes the person to whom it is issued to: (1) manufacture or produce beer; (2) package, label and export beer, whether manufactured, bottled or produced by the
licensee or any other person; (3) sell only beer that is packaged by or for the licensee to a person holding a wholesaler's
license, a small brewer's license, a craft distiller's license or a winegrower's license; (4) deal in warehouse receipts for beer; (5) conduct beer, wine, cider and spirituous liquor tastings and sell for consumption
on or off premises, but not for resale, beer produced and bottled by, or produced
and packaged for, the licensee, beer produced and bottled by or for another New Mexico
small brewer on the small brewer's premises or wine or cider produced by a winegrower
pursuant to Section 60-6A-11 NMSA 1978 or spirituous liquor produced and bottled by or for a craft distiller pursuant
to Section 60-6A-6.1 NMSA 1978; (6) be deemed a manufacturer for purposes of the Gross Receipts and Compensating Tax
Act; (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 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 or spirituous liquor produced and bottled by or for a craft distiller pursuant
to Section 60-6A-6.1 NMSA 1978; (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 or spirituous liquor produced and bottled by or for a craft distiller pursuant
to Section 60-6A-6.1 NMSA 1978; (9) buy or otherwise obtain wine or cider from a winegrower or spirituous liquor from
a craft distiller; (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 brewer, wine or cider
produced by a winegrower pursuant to Section 60-6A-11 NMSA 1978 or spirituous liquor produced and bottled by or for a craft distiller pursuant
to Section 60-6A-6.1 NMSA 1978; (11) allow members of the public, on the licensed premises and under the direct supervision
of the licensee, to manufacture beer for personal consumption and not for resale using
the licensee's equipment and ingredients; and (12) sell beer in a growler for consumption off premises. C. Renewal of a small brewer's license shall be conditioned upon submission to the
department by the licensee of a report showing proof that: (1) no less than fifty percent of the gross receipts from the sale of beer for the
preceding twelve months of the licensee's operation are derived from the sale of beer
produced by the licensee; or (2) the licensee manufactures no less than fifty barrels of beer per license year
at the licensee's premises. D. 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 alcoholic beverage control
division of the regulation and licensing department for a “small brewer's public celebration
permit” or a “small brewer'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 small brewer's license a public celebration
permit for a location at the public celebration that is to be shared with other small
brewers and winegrowers. 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.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 60-6A-26.1
What does New Mexico Statutes Annotated § 60-6A-26.1 cover?
Section 60-6A-26.1 ("Small brewer's license") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 60-6A-26.1?
A common citation format is "New Mexico Statutes Annotated § 60-6A-26.1" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 60-6A-26.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.