A. The director is authorized to issue a special bed and breakfast dispensing license to an owner or operator of a bed and breakfast in accordance with rules promulgated by the director to protect public health and safety. The license shall be limited to the serving of wine and beer in conjunction with food to the guests of the bed and breakfast.
B. A bed and breakfast establishment may apply for a special bed and breakfast dispensing license by submitting to the department a fee of one hundred dollars ($100) and such information as the director may require. A license shall be valid for one year from the date that it is issued and may be renewed for a fee of one hundred dollars ($100). The license shall allow the owner, operator or employee of a bed and breakfast who holds a server permit to dispense only wine or beer only to guests of the bed and breakfast in conjunction with the serving of food in a common area of the bed and breakfast.
C. The issuance of a bed and breakfast license for beer and wine service shall be contingent on the approval of the local public governing body or local option district of the jurisdiction in which the business is domiciled.
D. Service of beer or wine with food to guests at a bed and breakfast shall be limited to two twelve-ounce servings of beer or two six-ounce servings of wine per guest.
E. A special bed and breakfast dispensing license shall not be transferable from person to person or from one location to another.
F. An owner, operator or employee of a bed and breakfast who holds a server permit shall comply with the provisions of the Alcohol Server Education Article of the Liquor Control Act [Chapter 60, Article 6E NMSA 1978].
G. For the purposes of this section, "bed and breakfast" means a business establishment that offers temporary lodging with meals included and has a guest capacity of twenty or fewer persons.
History: Laws 2013, ch. 150, § 1 and Laws 2013, ch. 159, § 1.
Compiler's notes. — Laws 2013, ch. 150, § 1 and Laws 2013, ch. 159, § 1 enacted identical new sections, both effective July 1, 2013. The section was set out as enacted by Laws 2013, ch. 159, § 1. See 12-1-8 NMSA 1978.
Structure New Mexico Statutes
Chapter 60 - Business Licenses
Section 60-6A-1 - Wholesaler's license.
Section 60-6A-2 - Retailer's license.
Section 60-6A-3 - Dispenser's license.
Section 60-6A-4 - Restaurant license.
Section 60-6A-5 - Club licenses.
Section 60-6A-6 - Manufacturer's license.
Section 60-6A-6.1 - Craft distiller's license.
Section 60-6A-7 - Nonresident license.
Section 60-6A-8 - Wine bottler's license.
Section 60-6A-9 - Public service license.
Section 60-6A-10 - Governmental license.
Section 60-6A-11 - Winegrower's license.
Section 60-6A-11.1 - Direct wine shipment permit; authorization; restrictions.
Section 60-6A-12 - Special dispenser's permits; state and local fees.
Section 60-6A-13 - Registration to transport.
Section 60-6A-14 - Sacramental wine.
Section 60-6A-15 - License and permit fees.
Section 60-6A-16 - Proration of fees.
Section 60-6A-17 - Issuance of licenses and collection of fees.
Section 60-6A-18 - Limitation on number of licenses; exceptions.
Section 60-6A-19 - No property right in license; exception.
Section 60-6A-21 - Short title.
Section 60-6A-22 - Definitions.
Section 60-6A-24 - Wine blender's license.
Section 60-6A-26 - Wine exporter's license.
Section 60-6A-26.1 - Small brewer's license.
Section 60-6A-26.2 - Beer bottler's license.
Section 60-6A-27 - License fees.
Section 60-6A-28 - Nonresident licenses.
Section 60-6A-29 - Wine wholesaler's license.
Section 60-6A-30 - Posting of warnings.
Section 60-6A-31 - State fair; golf courses; ski areas; alcoholic beverage sales restrictions.
Section 60-6A-32 - Interstate wine tastings; competitions; permits.
Section 60-6A-33 - Tasting permit; fees.
Section 60-6A-34 - Special bed and breakfast dispensing license; fees; limitations.
Section 60-6A-35 - Small brewer and winegrower limited wholesaler's license.
Section 60-6A-36 - Redeemable coupons prohibited.
Section 60-6A-37 - Alcoholic beverage delivery permit; third party delivery license.