New Mexico § 60-6A-6.1 - Craft distiller's license

§ 60-6A-6.1. Craft distiller's license

A. In any local option district, a person qualified pursuant to the provisions of

the Liquor Control Act, 1 except as otherwise provided in the Domestic Winery, Small Brewery and Craft Distillery

Act, may apply for and be issued a craft distiller's license subject to the following

conditions: (1) the applicant submits evidence to the department that the applicant has a valid

and appropriate permit issued by the federal government to be a craft distiller; (2) renewal of the license shall be conditioned upon: (a) no less than sixty percent of the gross receipts from the sale of spirituous liquors

for the preceding twelve months of the licensee's operation being derived from the

sale of spirituous liquors produced by the licensee; (b) the manufacture of no less than five hundred proof gallons of spirituous liquors

per license year at the licensee's premises; and (c) submission to the department by the licensee of a report showing the number of

proof gallons of spirituous liquors manufactured by the licensee at the licensee's

premises and the annual gross receipts from the sale of spirituous liquors produced

by the licensee and from the licensee's sale of distilled spirituous liquors produced

by other New Mexico licensed craft distillers; (3) a craft distiller's license shall not be transferred from person to person or

from one location to another; (4) the provisions of Section 60-6A-18 NMSA 1978 shall not apply to a craft distiller's license; and (5) nothing in this section shall prevent a craft distiller from receiving other licenses

pursuant to the Liquor Control Act. B. A person to whom a craft distiller's license is issued pursuant to this section

may do any of the following: (1) manufacture or produce spirituous liquors, including aging, filtering, blending,

mixing, flavoring, coloring, bottling and labeling; (2) store, transport, import or export spirituous liquors; (3) sell only spirituous liquors that are packaged by or for the craft distiller to

a person holding a wholesaler's license, a craft distiller's license, a manufacturer's

license, a small brewer's license or a winegrower's license; (4) deal in warehouse receipts for spirituous liquors; (5) buy spirituous liquors from other persons, including licensees and permittees

under the Liquor Control Act, for use in blending, flavoring, mixing or bottling of

spirituous liquors; (6) buy or otherwise obtain beer from a small brewer or wine or cider from a winegrower

for the purposes described in this subsection; (7) be deemed a manufacturer for purposes of the Gross Receipts and Compensating Tax

Act; 2 (8) conduct spirituous liquor, wine, cider or beer tastings and sell, by the glass

or by the bottle, or in unbroken packages for consumption off the premises but not

for resale, spirituous liquors of the craft distiller's own production or spirituous

liquors produced by another New Mexico craft distiller or New Mexico manufacturer

on the craft distiller's premises, wine or cider produced by a winegrower pursuant

to Section 60-6A-11 NMSA 1978 or beer produced and bottled by or for a small brewer pursuant to Section 60-6A-26.1 NMSA 1978; and (9) at no more than three other locations off the craft distiller's premises, after

the craft distiller has paid the applicable fee for a craft distiller'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 craft distiller's off-premises permit

for each off-premises location, conduct spirituous liquor, wine, cider or beer tastings

and sell by the glass, or in unbroken packages for consumption and not for resale,

spirituous liquors produced and bottled by or for the craft distiller or spirituous

liquors produced and bottled by or for another New Mexico craft distiller or manufacturer,

wine or cider produced by a winegrower pursuant to Section 60-6A-11 NMSA 1978 or beer produced and bottled by or for a small brewer pursuant to Section 60-6A-26.1 NMSA 1978 . C. For a public or private celebration on or off the craft distiller's premises in

any local option district permitting the sale of alcoholic beverages, a craft distiller

shall pay ten dollars ($10.00) to the department for a “craft distiller's public celebration

permit” or a “craft distiller's private celebration permit” to be issued under rules

adopted by the director. Upon request, the department may issue to a craft distiller a public celebration

permit for a location at the public celebration that is to be shared with other craft

distillers, small brewers and winegrowers. D. At private celebrations on or off the craft distiller's premises after the craft

distiller has paid the applicable fees and been issued the appropriate permit, the

craft distiller may sell by the glass spirituous liquors produced by or for the craft

distiller, wine or cider produced by a winegrower pursuant to Section 60-6A-11 NMSA 1978 or beer produced and bottled by or for a small brewer pursuant to Section 60-6A-26.1 NMSA 1978 . 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. 1

NMSA 1978, § 60-3A-1 et seq. 2

NMSA 1978, § 7-9-1 et seq.