Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.12 ALCOHOLIC BEVERAGE SALES*
5.12.010 Definitions.
For the purpose of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by this
section:
A. “Alcoholic liquors” means and includes any and
all distilled or rectified spirits, potable alcohol, brandy, whisky, rum, gin,
aromatic bitters bearing the federal internal revenue strip stamps, or any
similar alcoholic beverage, including all blended or fermented beverages,
dilutions or mixtures of one or more of the foregoing, containing more than
one-half of one percent alcohol by volume, but excluding medicinal
bitters.
B. “Beer” means any alcoholic beverage obtained
by the fermentation of any infusion or decoction of barley, malt and hops or
other cereals in water, and includes such liquors as porter, beer, ale, and
stout.
C. “Club” means any organization of persons
organized and operated under the laws of this state, organized for nonprofit to
members, with a membership of not less than fifty regularly admitted and
enrolled members who have paid membership dues at the rate of not less than five
dollars per year, which is the owner, lessee or occupant of premises used
exclusively for club purposes and which the chief of division of liquor control
of the New Mexico Bureau of Revenue finds is operated solely for recreation,
social, patriotic, political, benevolent or athletic purposes.
D. “Dispenser” means any person selling, offering
for sale, or having in his possession with intent to sell, alcoholic liquors by
the drink or in packages containing less than five gallons.
E. “Minor” means any person under twenty-one
years of age.
F. “Package” means any immediate container of
alcoholic liquors, beer or wine which is filled or packed by the manufacturer or
bottler thereof for sale by such manufacturer or bottler to retailers,
dispensers or clubs for resale.
G. “Retailer” means any person selling, offering
for sale, or having in his possession with intent to sell, any alcoholic liquors
for consumption off the premises of the licensee and in unbroken packages
containing less than five gallons.
H. “Wine” means all alcoholic beverages obtained
by the fermentation of the natural sugar contained in fruit or other
agricultural products, with or without the addition of sugar or other products,
and which does not contain less than one-half of one percent nor more than
twenty-one percent alcohol by volume. (Prior code § 3-1).
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