New Mexico § 60-6B-19 - Retailers and dispensers; segregated sales; table wines excepted

§ 60-6B-19. Retailers and dispensers; segregated sales; table wines excepted

A. Except as provided in Subsection B of this section, the director shall by rule

develop procedures for segregated alcohol sales by every retailer or dispenser who

sells alcoholic beverages in unbroken packages for consumption and not for resale

off the licensed premises and whose sales are less than sixty percent of their total

sales, giving serious consideration to the potentially adverse impact of segregated

sales on different sizes of the establishments of the retailer or dispenser. The rules shall include: (1) a provision to allow segregated sales of beer or cider that is packaged in a growler; (2) a procedure by which a retailer or dispenser may fill or refill a growler and

allow the growler to be removed from the licensed premises after the growler is sealed

with a tamper-proof seal and the customer's sales receipt is attached to the growler;

and (3) a requirement that a retailer or dispenser shall sterilize a growler provided

by a customer before the growler is refilled and sealed. B. There shall not be segregated sales of table wine by retailers or dispensers who

sell alcoholic beverages in the manner described in Subsection A of this section. C. For purposes of this section, “ table wine ” means wine containing fourteen percent or less alcohol by volume when bottled or

packaged by the manufacturer, but may also include: (1) wine that is sealed or capped by cork closure and aged two years or more; (2) wine that contains more than fourteen percent alcohol by volume produced solely

as a result of the natural fermentation process and not produced with the addition

of wine spirits, brandy or alcohol; or (3) vermouth and sherry.