A. The director may issue a special independent theater dispensing license to an owner or operator of an independent theater 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 to customers of the independent theater in conjunction with that independent theater's movie screenings or other events.
B. An independent theater may apply for a special independent theater dispensing license. The license shall allow an owner, operator or employee of an independent theater who holds a server permit to dispense only wine or beer to customers of the independent theater in conjunction with movie screenings or other events on the premises of the independent theater.
C. The issuance of a special independent theater dispensing license shall be contingent on the approval of the governing body or local option district of the jurisdiction in which the independent theater is domiciled.
D. Service of beer or wine to customers of an independent theater shall be limited to two twelve-ounce servings of beer or two six-ounce servings of wine per customer for each event.
E. A special independent theater dispensing license shall not be transferable from person to person or from one location to another.
F. An owner, operator or employee of an independent theater who holds a server permit shall comply with the provisions of Chapter 60, Article 6E NMSA 1978.
G. As used in this section, "independent theater" means a business establishment that:
(1) is operated primarily for the purpose of exhibiting movies or hosting live productions and events;
(2) is owned and operated by a New Mexico resident or is a business or organization registered in New Mexico; and
(3) has been in existence for at least one year.