New Mexico Administrative Code

The current liquor license shall be prominently displayed within the licensed premises so that it is in full public view at all times. A copy or scanned image or facsimile of the license may be displayed only for 30 days or until the original license is received by the licensee, …

A. Licensees that sell alcoholic beverages directly to the public shall display the following posters in full public view within the licensed premises. The director will prescribe the forms and sizes of the posters except that the licensee may make the poster larger than what is …

The New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

A. Restaurant licenses are limited to the delivery of alcoholic beverage types allowed by their license. B. Alcoholic beverages shall only be delivered to customers concurrently with the delivery of a minimum of ten dollars ($10.00) worth of food. C. Delivery of alcoholic beverag…

A. A person may be issued a third-party alcohol delivery license upon submission of a completed application or renewal application to the division, on a form to be prescribed by the director. Applications and renewal applications must be accompanied by: (1) Documentation of deliv…

These rules apply to all licensees under the New Mexico Liquor Control Act.

Section 60-3A-10 NMSA 1978 of the act authorizes the director to make and adopt such rules as necessary to carry out the duties of the division.

Permanent.

September 28, 2021, unless a later date is cited at the end of a section.

This rule is intended to establish standard procedures for obtaining and operating alcoholic beverage delivery permits and third-party alcohol delivery licenses.

Unless otherwise defined in 15.10.2 nmac, terms used in these rules have the same meanings as set forth in the Liquor Control Act.

An alcoholic beverage delivery permit may be issued, at the discretion of the director, to the holder of a retailer's, dispenser's, craft distiller's, winegrower's, small brewer's, restaurant a, or restaurant b license upon submission of an application to the division. A. For pur…

A. The division shall follow the county classifications established by the local government division of the department of finance and administration. B. Licensees otherwise qualified to be issued an alcoholic beverage delivery permit, with an indoor retail space greater than 10,0…

The New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

A. Applicants must fully disclose all ownership interest in the liquor license, as required by Subsection A of Section 60-6B-2 NMSA, upon application for a liquor license, or for transfer of ownership of a liquor license, or for change in structure, or for lease of a license, by …

A. Applicants shall provide fingerprints in compliance with Subsection B of Section 60-6B-2 NMSA 1978. B. Unless otherwise determined by the director, a licensee is not required to submit new fingerprints when an application is filed for any of the following reasons: (1) to add a…

A. The applicant shall provide the division with proof of the applicant's right to sole occupancy of the real property or the portion of the real property where the proposed license is to be operated in the form of a valid lease, deed, management agreement, or an equivalent legal…

A. A person who operates a liquor license under a lease agreement with the licensee must be a licensed "agent lessee". The agent lessee compensates the licensee for use of the license and is entitled to all profits, and is responsible for all losses, from the operation of the lic…

Applicants, including but not limited to, applicants to either manufacture or sell alcohol as a wholesaler, must submit proof of compliance with all applicable federal laws pertaining to liquor licensure, including, but not limited to, all necessary permits approved by the United…

The director may deny any application on any of the following grounds: A. failure to satisfy any of the applicable requirements of this part upon final review; B. any fraudulent statement or evidence submitted in connection with an application; C. upon finding that prior violatio…

These rules apply to all licensees and applicants for licensure under the act.

Sections 60-3A-10 NMSA 1978 of the act authorizes the director to make and adopt such rules as necessary to carry out the duties of the division.

Permanent.

April 25, 2017, unless a later date is cited at the end of a section.

This rule is intended to establish general standards for the application and issuance of licenses under the act.

Unless otherwise defined in 15.10.2 NMAC, terms used in this rule have the same meanings as set forth in the act.

A. The director is authorized to prescribe all forms called for or required by the act or these rules. All filings with the division shall be accompanied by such affidavits, documents, fees and other supporting data as the director shall require. B. All documents, records, affida…

A. Except for sole proprietors, every licensee shall designate a "resident agent" to accept service of all orders and notices of the division. The resident agent must have: (1) no conviction for: a. any felony in any jurisdiction, or b. two convictions for violations of the act w…

The New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

A. Upon application to the division, licenses may be temporarily suspended from operation as provided in the act for up to one year at a time. B. All applications for a temporary suspension from the operation of the liquor license, together with a filing fee of twenty dollars ($2…

These rules apply to all licensees under the act.

Section 60-3A-10 NMSA 1978 of the act authorizes the director to make and adopt such rules as necessary to carry out the duties of the division.

Permanent.

April 25, 2017, unless a later date is cited at the end of a section.

These rules are intended to establish standards for the renewal and suspension of licenses issued under the act.

Unless otherwise defined in 15.10.2 NMAC, terms used in this rule have the same meanings as set forth in the act.

A. A complete renewal application, including a current and accurate list of servers and the payment of all applicable fees for renewal, shall be filed with the division as follows: (1) Retailer's, dispenser's and direct ship license renewal applications must be postmarked or file…

A. Any licensee who fails to submit a properly completed renewal application, including all applicable fees, by the renewal deadline must pay a late renewal fee in the amount of three hundred fifty dollars ($350) plus ten dollars ($10) per day for each additional day the renewal …

The New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

A. A person may not hold a ten percent or more interest in a license when such person would not satisfy the requirements of Sections 60-6B-1 or 60-6B-1.1 NMSA 1978. B. A noncitizen may hold an interest in a license, subject to other qualifications provided in the act and these ru…

A. A licensee that is a corporation that changes the name of the corporation must file a written notification with the division, together with a fee of fifty dollars ($50). The licensee must also file with the division a copy of the certificate of the amended articles of incorpor…

A. Dispenser's licenses and retailer's licenses may be transferred as personal property upon attachment, execution, repossession by a secured party or lien holder, foreclosure by a creditor, appointment of a receiver for the licensee, death of the licensee, filing of a petition o…

Licensees must submit reports quarterly to the department listing all servers employed by the licensee in the previous quarter.

These rules apply to all licensees and applicants for licensure under the act, and to persons who obtain possession of a liquor license through death, foreclosure or bankruptcy.

Section 60-3A-10 NMSA 1978 of the act authorizes the director to make and adopt such rules as necessary to carry out the duties of the division.

Permanent.

April 25, 2017, unless a later date is cited at the end of a section.

This rule is intended to establish criteria and procedures for reporting changes in ownership, structure, or name of a licensee, including changes or transfers resulting from death, foreclosure or bankruptcy of a licensee, and transfers within a local option district.

Unless otherwise defined in 15.10.2 NMAC, terms used in this rule has the same meanings as set forth in the act.

A. All licensees must notify the division of any reportable change of ownership of the licensee or agent lessee by filing an application for change in ownership with the division, together with the filing fee shown on the fee schedule of these rules. The division shall determine …