reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 70 - OPERATION AND PROFITING BY AUTHORIZED PERSONS AND ALTERNATING PROPRIETORSHIPS › Section 15.10.70.10 - ALTERNATING PROPRIETORSHIPS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				An "alternating proprietorship" is an arrangement in which two or more entities
				may alternate using a licensed premises, equipment and employees to manufacture
				alcoholic beverages. Alternating proprietorships allow existing, duly licensed
				New Mexico winegrowers, small brewers and craft distillers to use excess
				capacity and provide opportunity to begin on a small scale, without investing
				in premises and equipment.
B. Each
				licensee participating in an alternating proprietorship must separately
				manufacture alcoholic beverages, whereby each licensee's product must be
				separate and identifiable from the product of any other parties to the
				alternating proprietorship, including prior to fermentation, during
				fermentation, during cellar storage, and as finished product after production
				and before removal from the premises.
C. An alternating proprietorship may only
				occur between licensees of the same license type.
D. Filing of written agreement:
(1) Any bona fide alternating propietorship
				between one or more duly licensed craft distillers, winegrowers or small
				brewers shall be documented through a written agreement signed by each licensee
				or its resident agent.
(2) The
				agreement shall quantify the extent to which the licensed premises, employees
				and equipment may be used by each duly-licensed licensee.
(3) All parties to the agreement shall
				furnish a true and correct copy to the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 2 - REQUIRED DOCUMENTS ON LICENSED PREMISES › Section 15.11.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Regulation and Licensing Department, Alcoholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 2 - REQUIRED DOCUMENTS ON LICENSED PREMISES › Section 15.11.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all licensees and applicants for
				  licensure under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 2 - REQUIRED DOCUMENTS ON LICENSED PREMISES › Section 15.11.2.3 - AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 2 - REQUIRED DOCUMENTS ON LICENSED PREMISES › Section 15.11.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 25, 2017, unless a later date is cited at the end of a
				  section.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 2 - REQUIRED DOCUMENTS ON LICENSED PREMISES › Section 15.11.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to establish requirements for
				  licensees'display of all required documents pursuant to the act, and other
				  information that shall be kept on all licensed premises to comply with the
				  provisions of the act and its accompanying rules.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 2 - REQUIRED DOCUMENTS ON LICENSED PREMISES › Section 15.11.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10, 2 NMAC, terms used in
				  these rules have the same meanings as set forth in the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 2 - REQUIRED DOCUMENTS ON LICENSED PREMISES › Section 15.11.2.8 - DISPLAY OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
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, whichever
				  occurs first, provided that the copy or scanned image or facsimile is of the
				  original, current and duly issued license.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 2 - REQUIRED DOCUMENTS ON LICENSED PREMISES › Section 15.11.2.9 - POSTERS

Current through Register Vol. 35, No. 13, July 16, 2024
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 prescribed. The director will make copies
				available to all licensees:
(1) posters
				giving notice that the law prohibits the carrying of any operative firearm on a
				licensed premises, except where the licensed premises is subject to the
				concealed carry exception, the licensee may display a poster giving notice of
				the concealed carry exception, as long as the poster also gives notice that the
				law prohibits all other operative firearms on the licensed premises;
(2) posters warning of the dangers of
				drinking alcoholic beverages during pregnancy; and
(3) posters identifying all restricted areas
				of the licensed premises in which minors are prohibited, unless accompanied by
				a parent, adult spouse or legal guardian, except that such posters are not
				required for premises licensed as a restaurant serving beer and wine
				.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 2 - REQUIRED DOCUMENTS ON LICENSED PREMISES › Section 15.11.2.10 - FLOOR PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
All licensees and their employees shall have access on the
				  licensed premises to a hard copy of the current floor plan approved by the
				  Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 2 - REQUIRED DOCUMENTS ON LICENSED PREMISES › Section 15.11.2.11 - STATUTES AND RULES

Current through Register Vol. 35, No. 13, July 16, 2024
All licensees and their employees shall have access on the
				  licensed premises to either a hard or electronic copy of the most current
				  versions of the act and the rules promulgated thereunder.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 2 - REQUIRED DOCUMENTS ON LICENSED PREMISES › Section 15.11.2.12 - INVOICES

Current through Register Vol. 35, No. 13, July 16, 2024
All licensees shall keep on the licensed premises copies of
				  all invoices received in the preceding two years from all suppliers of all
				  inventory on the licensed premises. A licensee may maintain true and correct
				  electronic copies of original invoices but shall make all documents or
				  electronic copies immediately available and open for inspection during all
				  usual business hours upon request of the division, the special investigations
				  unit of the department of public safety or the taxation and revenue
				  department.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 2 - REQUIRED DOCUMENTS ON LICENSED PREMISES › Section 15.11.2.14 - SERVER CERTIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For all server certifications required pursuant to Section
				  60-6E-6
				  NMSA 1978 of the act, all licensees shall keep a current list of all such
				  certifications, including server number and expiration date, available at the
				  licensed premises in either hard or electronic copy to be made available upon
				  request. In the event that proof of such server certification is only available
				  as a temporary, written document, such temporary proof shall be available at
				  the licensed premises in either a hard copy or as a scanned electronic copy to
				  be made available upon request. The licensee or lessee, not any server, is
				  responsible for compliance with this section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 2 - REQUIRED DOCUMENTS ON LICENSED PREMISES › Section 15.11.2.15 - DOCUMENTS REQUIRED FOR DELIVERY OF ALCOHOLIC BEVERAGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensee holding an alcoholic beverage
				delivery permit, or a third-party delivery license, must cause all delivery
				employees to have on their person, during delivery, the following:
(1) The original, or an electronic or
				physical copy, of the permittees alcoholic beverage delivery permit;
(2) A physical or electronic copy of the
				delivery personnel's server certification;
(3) A physical copy of the receipt printout
				accompanying all alcoholic beverages out for delivery; and
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 20 - LICENSES AND PERMITS - ALCOHOLIC BEVERAGE DELIVERY › Section 15.11.20.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Regulation and Licensing Department, Alcoholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 20 - LICENSES AND PERMITS - ALCOHOLIC BEVERAGE DELIVERY › Section 15.11.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all licensees under the New Mexico
				  Liquor Control Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 20 - LICENSES AND PERMITS - ALCOHOLIC BEVERAGE DELIVERY › Section 15.11.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 20 - LICENSES AND PERMITS - ALCOHOLIC BEVERAGE DELIVERY › Section 15.11.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 28, 2021, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 20 - LICENSES AND PERMITS - ALCOHOLIC BEVERAGE DELIVERY › Section 15.11.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to establish standard procedures for
				  obtaining and operating alcoholic beverage delivery permits and third-party
				  alcohol delivery licenses.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 20 - LICENSES AND PERMITS - ALCOHOLIC BEVERAGE DELIVERY › Section 15.11.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 20 - LICENSES AND PERMITS - ALCOHOLIC BEVERAGE DELIVERY › Section 15.11.20.8 - ALCOHOLIC BEVERAGE DELIVERY PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
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 purposes of this section dispenser's
				licenses shall include dispenser's, inter-local dispenser's, canopy, and
				lottery licenses.
(1) Those licenses that no
				longer have package sales capabilities, for consumption off of the licensed
				premises, to be limited in alcoholic beverage quantities established in
				Subsection B of 15.11.20.10 NMAC and Subsection C of 15.11.20.10
				NMAC.
(2) Nothing within these
				rules allows licensees to allow for to go sales of alcoholic beverages for
				consumption off of the licensed premises, if the license does not allow for
				package sales.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 20 - LICENSES AND PERMITS - ALCOHOLIC BEVERAGE DELIVERY › Section 15.11.20.9 - DELIVERY RESTRICTIONS AND REQUIREMENTS IN CLASS A COUNTIES

Current through Register Vol. 35, No. 13, July 16, 2024
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
				10,000 square feet, located in a class A county shall:
(1) Use an identification verification system
				approved by the division. The system must have the capabilities to establish
				identification of the purchaser was checked and scanned for each delivery and
				store such information;
(2) Only
				sell for delivery beer and wine.
(3) Provide to the division proof of liquor
				liability endorsement in the amount of five million dollars ($5,000,000) or
				greater; and
(4) Only utilize
				employees of the licensee for purposes of delivery of alcoholic
				beverages.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 20 - LICENSES AND PERMITS - ALCOHOLIC BEVERAGE DELIVERY › Section 15.11.20.10 - DELIVERY RESTRICTIONS AND REQUIREMENTS FOR RESTAURANT LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
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 beverages to one
				location, during a three hour period of time, shall not exceed:
(1) 750 milliliters of wine;
(2) six 12-bounce containers of prepackaged
				wine, beer, cider;
(3) three
				12-bounce containers of manufacturer canned or bottled ready to drink cocktails
				containing spiritous liquors with an alcoholic by volume of thirteen
				percent;
(4) one growler or crowler
				of product manufactured by a small brewer; or
(5) one howler of a cocktail, mixed by the
				licensee, containing no more than four and one-half ounces of spiritous
				liquors, in order to comply with Paragraph (6) of Subsection F of Section
				60-6A-4 NMSA
				1978, of the act. The howlers used must contain the DBA of the licensee etched
				onto the glass or have the receipt secured onto the
				container.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 20 - LICENSES AND PERMITS - ALCOHOLIC BEVERAGE DELIVERY › Section 15.11.20.11 - THIRD-PARTY ALCOHOL DELIVERY LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
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 delivery employees state
				issued server permits;
(2) Proof of
				general liability insurance coverage, providing coverage for employees and
				independent contractors of applicant, in an amount of one million dollars
				($1,000,000) or greater, per occurrence;
(3) Proof of applicant being authorized to do
				business in the state; and
(4) An
				exampla copy of a contract to be used between applicant and licensees holding
				alcoholic beverage delivery permits, with executed contracts to be submitted
				after execution.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Regulation and Licensing Department, Alcoholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all licensees and applicants for
				  licensure under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 25, 2017, unless a later date is cited at the end of a
				  section.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to establish general standards for the
				  application and issuance of licenses under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 NMAC, terms used in this
				  rule have the same meanings as set forth in the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.8 - LICENSE APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
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,
				affidavits, fees, supporting data or information requested by the division with
				regard to any application shall be furnished within 30 days from the date
				requested by the division, or the application may be disapproved, unless good
				cause is shown.
C. All applications
				for liquor licenses shall be made on the forms prescribed by the director
				whether filed electronically, by mail or in person.
D. All substantially complete applications
				received shall be date and time stamped by the division. Applications that are
				not substantially complete will not be processed and returned to the applicant
				with a notice of all deficiencies.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.9 - RESIDENT AGENT DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 within any twelve-month period;
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.10 - DISCLOSURE OF OWNERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
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 filing an application on forms
				prescribed by the director.
B. The
				following shall be fully disclosed in writing to the division:
(1) if the licensee is a corporation or
				limited liability company, the principal officers, directors, and each
				stockholder known to the corporation as owning more than ten percent of the
				stock in the corporation, or the manager or members owning more than ten
				percent of the membership interests in the limited liability company;
(2) if the licensee is a trust, the trustee
				and any persons entitled to receive regular and substantial distributions of
				principal and income or benefit from the trust. The director may request a copy
				of the trust agreement for review, but need not make the trust agreement part
				of the application;
(3)if the
				licensee is an association, all principal officers, and directors;
(4) if the licensee is a subsidiary, all
				principal officers, directors and stockholders of the parent; however, in the
				case of a publicly traded corporation, only the names and addresses of those
				stockholders known to the corporation to own ten percent or more of such
				securities need be disclosed;
(5)
				if the licensee is a partnership or joint venture, all of the general partners,
				limited partners or joint venturers entitled to ten percent or more of the
				profits earned or other income paid by the partnership;
(6) if the parent company, general partner,
				limited partner or joint venturer of any licensee is itself a corporation,
				limited liability company, trust, association, subsidiary, partnership or joint
				venture, then all of the information required shall be disclosed for the entity
				as if it were itself a licensee, so that full disclosure of ultimate ownership
				is achieved;
(7) if one person owns
				interests in a corporation, limited liability company, partnership, trust,
				joint venture or as an individual, in any combination, that add up to ten
				percent or more of the total ownership of the license; and
(8) The director may require disclosure of
				additional information to assure full disclosure of the applicant's structure
				and financial responsibility, including structure and financial arrangements
				enabling actual control and profiting by ineligible persons or
				entities.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.11 - FINGERPRINTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 licensee's spouse to the
				license; however, the spouse must submit fingerprints;
(2) when a husband and wife are the
				licensees, to transfer the ownership interest of a deceased licensee to his or
				her surviving spouse; however, if any part of the interest of the deceased
				spouse goes to any person other than the surviving spouse, that person must
				submit fingerprints; or
(3)by a
				licensee with no prior arrest record to obtain an ownership interest in an
				additional license or to lease another license.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.12 - LICENSED PREMISES

Current through Register Vol. 35, No. 13, July 16, 2024
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 document in the name of the
				applicant. All documents submitted must be fully executed and dated.
B. Upon request, the applicant shall provide
				the division with proof of the current owner of record for the real property or
				portion thereof.
C. Floor plans for
				the controlled access area within the licensed premises must be provided
				showing the entrances and exits, kitchen, storage, sale, service and
				consumption areas. All areas must be clearly labeled on 8 and ½ by 11
				inch paper, either hand-drawn or professionally rendered.
D. Floor plans must show:
(1) every level of the controlled access area
				of a licensed premises including the square footage for the controlled access
				area of the licensed premises as a whole, and separately for each level and for
				any patio;
(2) all clearly labeled
				areas where alcoholic beverages are sold, served or consumed;
(3) an exterior footprint of the licensed
				premises, including any patios, fences, walls, and dimensions;
(4) if the applicant is a hotel whose entire
				establishment will be the licensed premises, floor plans must be submitted for
				each floor where public rooms in which alcoholic beverages will be sold, served
				or consumed are located, clearly designating the public rooms;
(5) the interior and exterior premises
				through photographic pictures, if requested by the director; and
(6) orientation of the premises relative to
				the nearest streets and to at least one cardinal direction.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.13 - LEASES OF LIQUOR LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
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 license.
B. To designate an agent lessee there shall
				be filed with the division such fees, forms, documents and information as are
				required by the division. The lease agreement must contain provisions that the
				license is leased in its entirety.
C. The designation of an agent lessee shall
				not require posting of the licensed premises or a hearing by the state or local
				governing body, if the license to be leased is located at the latest approved
				licensed premises for the license.
D. The designation of agent lessee may be
				terminated by mutual written agreement between the parties, by court order or
				in accordance with terms of the lease agreement.
E. The division will not approve the
				designation of any person as agent lessee who does not possess the same
				qualifications required of persons to obtain a license under the act.
F. An application fee of two hundred fifty
				dollars ($250) will be paid for each designation of agent lessee.
G. The designation of an agent lessee shall
				not relieve the licensee of any responsibilities or liabilities to the division
				for violations or compliance with the act.
H. A lease of a license will not be approved
				when the licensee is delinquent in the payment of any taxes, fees, fines, costs
				or penalties collected by the state of New Mexico, the liability for which
				arises out of the exercise of the privilege of a liquor license; or if
				citations for violations of the act issued more than three months prior to the
				date of the lease application are unresolved at the time of filing the lease
				application, unless the licensee and the division are involved in a formal
				administrative or judicial resolution process.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.14 - COMPLIANCE WITH FEDERAL LAW

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  States department of the treasury, alcohol and tobacco tax and trade
				  bureau.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 21 - LICENSES AND PERMITS - APPLICATIONS › Section 15.11.21.15 - GROUNDS FOR DENIAL OF LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
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 violations
				demonstrate a pattern or practice of violations contrary to public health and
				safety and the purposes of the act;
D. if granting of an application would result
				in a person holding a ten percent or more interest in a license when such
				person would not satisfy the requirements of Section
				60-6B-1
				NMSA 1978;
E. if granting the
				application is contrary to the public health, safety, or morals; or
F. if the application does not include all
				completed pages of the required form, all necessary fees, corporate documents,
				conveyance instruments, fingerprint cards, zoning clearances, and affidavits
				regarding distances from a church or school that will require waivers from the
				local governing body and waivers.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 22 - LICENSES AND PERMITS - RENEWAL AND SUSPENSION › Section 15.11.22.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Regulation and Licensing Department, Alcoholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 22 - LICENSES AND PERMITS - RENEWAL AND SUSPENSION › Section 15.11.22.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 22 - LICENSES AND PERMITS - RENEWAL AND SUSPENSION › Section 15.11.22.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 25, 2017, unless a later date is cited at the end of a
				  section.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 22 - LICENSES AND PERMITS - RENEWAL AND SUSPENSION › Section 15.11.22.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are intended to establish standards for the
				  renewal and suspension of licenses issued under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 22 - LICENSES AND PERMITS - RENEWAL AND SUSPENSION › Section 15.11.22.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 NMAC, terms used in this
				  rule have the same meanings as set forth in the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 22 - LICENSES AND PERMITS - RENEWAL AND SUSPENSION › Section 15.11.22.8 - RENEWAL OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
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
				filed in person with the division on or before April 1 of each year.
(2) Wholesaler's, manufacturer's, restaurant
				and club license renewal applications must be postmarked or filed in person
				with the division on or before August 1 of each year.
(3) Non-resident licenses and common carrier
				registrations must be postmarked or filed in person with the division on or
				before April 1 every third year.
(4) All other licenses, including but not
				limited to, limited wine and beer wholesaler's, wine bottler's, public service,
				governmental, winegrower's, wine blender's, brandy manufacturer's, wine
				exporter's, small brewer's, beer bottler's, craft distiller, third-party
				delivery and wine wholesaler's license renewal applications must be postmarked
				or filed in person with the division on or before December 1 of each year that
				the license is up for renewal.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 22 - LICENSES AND PERMITS - RENEWAL AND SUSPENSION › Section 15.11.22.9 - LATE RENEWAL OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
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 application is late.
B. The
				division may waive late fees if the licensee shows good cause for not filing a
				timely renewal application, taking into consideration hardship to the licensee,
				and whether the licensee filed a late renewal application the preceding five
				years. Except for licenses transferable under the act, including retailer and
				dispenser licenses, any license not renewed shall be subject to cancellation
				and shall not be reinstated, unless the renewal application is filed with the
				division within 12 months of the expiration date of the license. All applicable
				filing fees, taxes charged against the license, and other fees owed to the
				state of New Mexico must be paid and all citations must be resolved prior to a
				license being reinstated, unless the licensee and the division are involved in
				a formal administrative or judicial resolution process. A licensee who fails to
				get its license reinstated following expiration may apply for a new license by
				filing an application with the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 22 - LICENSES AND PERMITS - RENEWAL AND SUSPENSION › Section 15.11.22.10 - SUSPENSION

Current through Register Vol. 35, No. 13, July 16, 2024
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 ($20), must be filed with the division upon the cessation of
				business for more than 10 consecutive days. Any application for suspension
				filed after the license has ceased operation for more than 10 days or after the
				expiration of a prior approved suspension, shall pay an additonal flat fee of
				fifty dollars ($50).
C. No licensee
				shall resume operations prior to the date granted by the director as the ending
				day of suspension, without prior written notice.
D. A temporary suspension may be extended
				beyond one year upon separate application of the licensee at the discretion of
				the director if good cause is shown.
E. A license that is temporarily suspended
				under this subpart shall be considered to be engaged in business for the
				duration of such suspension for purposes of Section
				60-6B-7,
				NMSA 1978.
F. A license in
				suspension remains subject to all renewal requirements.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 23 - LICENSES AND PERMITS - CHANGE IN LICENSEE › Section 15.11.23.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Regulation and Licensing Department, Alcoholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 23 - LICENSES AND PERMITS - CHANGE IN LICENSEE › Section 15.11.23.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 23 - LICENSES AND PERMITS - CHANGE IN LICENSEE › Section 15.11.23.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 23 - LICENSES AND PERMITS - CHANGE IN LICENSEE › Section 15.11.23.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 25, 2017, unless a later date is cited at the end of a
				  section.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 23 - LICENSES AND PERMITS - CHANGE IN LICENSEE › Section 15.11.23.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 23 - LICENSES AND PERMITS - CHANGE IN LICENSEE › Section 15.11.23.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 NMAC, terms used in this
				  rule has the same meanings as set forth in the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 23 - LICENSES AND PERMITS - CHANGE IN LICENSEE › Section 15.11.23.8 - CHANGE OF OWNERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
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 whether the reportable change of ownership
				requires an application for change in ownership or an application for change in
				structure.
B. A reportable change
				of ownership in a transferrable license arises when any of the following events
				occurs since the last application was filed with the division:
(1) if the licensee is a corporation: when a
				total of ten percent or more of its stock is transferred, when an existing
				stockholder previously not disclosed, pursuant to Section
				60-6B-2
				of the act, NMSA 1978, now holds ten percent or more stock in licensee or when
				there is a merger or consolidation of the licensee with another
				entity;
(2) if the licensee is a
				limited liability company: when ten percent or more of the membership interests
				are transferred, when an existing member previously not disclosued, pursuant to
				Section
				60-6B-2
				of the act, NMSA 1978, now holds ten percent or more of the membership interest
				in licensee or when there is a merger or consolidation of the licensee with
				another entity;
(3) if the licensee
				is a general partnership: when there is any change or removal of any general
				partners;
(4) if the licensee is a
				limited partnership: when there is any change of general partners, or any
				change of limited partners contributing ten percent or more of the total value
				of the contributions made to the limited partnership or any change in the
				limited partners entitled to ten percent or more of the profits earned, or
				other compensation by way of income paid by the limited partnership;
(5) if the licensee is a trust: when there is
				any change in the trustees or beneficiaries; or
(6) if the licensee is any other legal entity
				that is not a corporation, limited liability company, general partnership, or
				limited partnership: any person or entity becomes the owner of ten percent or
				more interest through one or more transactions or when a total of ten percent
				or more interest in the licensee entity or license has been
				transferred.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 23 - LICENSES AND PERMITS - CHANGE IN LICENSEE › Section 15.11.23.9 - REPORTABLE CHANGE IN STRUCTURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. All licensees must notify the division of
				reportable changes in the structure of the licensee by filing an application
				with the division, together with the filing fee shown on the fee schedule of
				these rules.
B. A change in
				structure arises when the persons or entities with ultimate ownership interests
				in a license do not change, but the means by which they exercise control will
				change. A reportable change in structure is limited to any of the following
				events:
(1) any change of manager;
(2) any change in a principal officer or
				directors of a licensee that is a corporation or limited liability
				company;
(3) any change in the
				legal entity under which the licensee operates, for example, an individual
				licensee changing to a corporation which is wholly-owned by the same licensee
				or between corporate entities wholly owned by the same licensee;
(4) any change in general partners, or in
				limited partners who already own ten percent or more, of a
				partnership;
(5) any change in
				ownership between the shareholders who continue to own ten percent or more of
				any corporate entity;
(6) a change
				in subsidiary ownership within the same parent company;
(7) any change in the trustee or beneficiary
				of a trust who has control over trust property and income or receives
				substantial and regular distributions from the trust; or
(8) when a manager, principal officer or
				director, shareholders or partners appoint a power of attorney in relation to
				the license.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 23 - LICENSES AND PERMITS - CHANGE IN LICENSEE › Section 15.11.23.10 - PROHIBITED CHANGES IN OWNERSHIP OR STRUCTURE

Current through Register Vol. 35, No. 13, July 16, 2024
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 rules, unless the director determines that holding such interest in a
				license would be contrary to the public health, safety and morals of the state,
				or any community therein.
C. This
				rule does not authorize the transfer of any stock or other ownership interest
				of any licensee whose license is not otherwise transferable under the
				provisions of the act.
D. The
				director, upon notification of any change in ownership or structure, may
				require any entity or person who has obtained an interest in any license, or
				other entity, to complete and provide all documents and information the
				director deems necessary to ensure full disclosure and qualification of all
				persons and entities.
E. No license
				will be issued when the applicant is delinquent in the payment of any taxes,
				fees, fines, costs or penalties collected by the state of New Mexico, the
				liability for which arises out of the exercise of the privilege of a liquor
				license; or if citations for violations of the act are unresolved at the time
				of filing the application.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 23 - LICENSES AND PERMITS - CHANGE IN LICENSEE › Section 15.11.23.11 - CORPORATION NAME CHANGE; BUSINESS NAME CHANGE

Current through Register Vol. 35, No. 13, July 16, 2024
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
				incorporation issued by the state in which the corporation was formed
				reflecting the name change. The name change must also be registered with the
				state of New Mexico.
B. Any
				licensee that changes the doing business name under which it operates a liquor
				license must file an application for change of DBA ("doing business as") name
				with the division together with the application filing fee.
C. If the division deems the name change
				acceptable, the division shall change the name on its records and issue a
				license which reflects the new name. The licensee may not use the new name
				until a license is issued.
D. Upon
				receipt of the license reflecting the new name, the licensee shall return the
				old license to the division.