A. Notwithstanding any other provision of law, a dispenser, canopy licensee or restaurant licensee may permit a customer of the licensee to remove from the licensed premises one opened bottle of partially consumed wine; provided that:
(1) the customer has purchased a full-course meal and a bottle of wine and consumed a portion of the bottle of wine with the meal on the licensed premises; and
(2) the dispenser, canopy licensee or restaurant licensee or an agent or employee of the dispenser, canopy licensee or restaurant licensee attaches the customer receipt issued for the bottle of wine and reseals the bottle of partially consumed wine by reinserting a cork and sealing the bottle in a tamper-proof bag.
B. Notwithstanding any other provision of law, a winery licensee may permit a customer of the licensee to remove from the licensed premises one opened bottle of partially consumed wine; provided that the winery licensee or an agent or employee of the winery licensee attaches the customer receipt issued for the bottle of wine and reseals the bottle of partially consumed wine by reinserting a cork and sealing the bottle in a tamper-proof bag.
C. When operating a motor vehicle, the customer shall possess and transport the partially consumed bottle of wine in accordance with Section 66-8-138 NMSA 1978.
History: Laws 2007, ch. 78, § 1; 2019, ch. 58, § 1.
The 2019 amendment, effective June 14, 2019, provided for winery licensees to permit certain customers to remove from the licensed premises a partially consumed bottle of wine; and added a new Subsection B and redesignated former Subsection B as Subsection C.
Structure New Mexico Statutes
Chapter 60 - Business Licenses
Article 3A - General Provisions
Section 60-3A-1 - Short title.
Section 60-3A-2 - Liquor policy of state; investigation of applicants; responsibility of licensees.
Section 60-3A-3 - Definitions.
Section 60-3A-4 - Storage permitted.
Section 60-3A-5 - Exemptions from act.
Section 60-3A-6 - Authority of department of public safety.
Section 60-3A-7 - Authority of the alcoholic beverage control division.
Section 60-3A-8 - Powers and duties of the director of the alcoholic beverage control division.
Section 60-3A-8.1 - Investigative authority and powers.
Section 60-3A-9 - Administrative authority and powers.
Section 60-3A-10 - Administrative rules and orders; presumption of correctness.
Section 60-3A-11 - Written decisions by director.
Section 60-3A-12 - Partially consumed bottle of wine; licensed premises.
Section 60-3A-13 - Prohibited sale of certain spirituous liquors.