reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 23 - LICENSES AND PERMITS - CHANGE IN LICENSEE › Section 15.11.23.12 - TRANSFER OR CHANGE OF OWNERSHIP UPON DEATH, FORECLOSURE, OR BANKRUPTCY

Current through Register Vol. 35, No. 13, July 16, 2024
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 of bankruptcy by or for the licensee,
				incapacity of the licensee or dissolution of the licensee.
B. Any receiver, trustee, conservator,
				personal representative, special master or other person who obtains control
				over a license, shall notify the division within 30 days of his or her
				appointment by filing an application including fees and providing the division
				with all relevant documents relating to the appointment, which may include but
				not be limited to, death certificates, wills, and court orders.
C. The division will presume that such person
				or entity will intend to operate said license if the license is not placed into
				voluntary suspension pursuant to Section
				60-6B-7
				NMSA 1978 within 30 days of the event that resulted in possession, except in
				cases where the person or entity is:
(1) a
				special master appointed by a court; or
(2) a financial institution.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 23 - LICENSES AND PERMITS - CHANGE IN LICENSEE › Section 15.11.23.13 - SERVER REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees must submit reports quarterly to the department
				  listing all servers employed by the licensee in the previous
				  quarter.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 24 - LICENSES AND PERMITS - RESTAURANT LICENSE › Section 15.11.24.1 - 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 24 - LICENSES AND PERMITS - RESTAURANT LICENSE › Section 15.11.24.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all restaurant licensees and applicants
				  for restaurant licensure under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 24 - LICENSES AND PERMITS - RESTAURANT LICENSE › Section 15.11.24.3 - 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 24 - LICENSES AND PERMITS - RESTAURANT LICENSE › Section 15.11.24.5 - 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 24 - LICENSES AND PERMITS - RESTAURANT LICENSE › Section 15.11.24.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are intended to establish additional standards
				  applicable to persons obtaining restaurant licenses under the
				  act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 24 - LICENSES AND PERMITS - RESTAURANT LICENSE › Section 15.11.24.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 NMAC, terms in this part
				  has the same meaning as set forth in the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 24 - LICENSES AND PERMITS - RESTAURANT LICENSE › Section 15.11.24.8 - LIMITATIONS ON RESTAURANT LICENSE TYPES

Current through Register Vol. 35, No. 13, July 16, 2024
A person holding a restaurant with beer and wine license or
				  a restaurant with spirits license is subject to the following
				  limitations:
A. The primary source of
				revenue for a restaurant holding any restaurant license must be the sale of
				food, meaning that sixty percent or more of the gross receipts must be derived
				from the sale of food, not alcoholic beverages, which must be demonstrated to
				the satisfaction of the division upon renewal of the license.
B. All restaurant licensees are prohibited
				from selling alcoholic beverages for consumption off the licensed premises
				except as provided by Subsection D of
				15.10.51.9
				NMAC or, when issued an alcoholic beverage delivery permit, through appropriate
				delivery methods.
C. All restaurant
				licensees are prohibited from serving alcoholic beverages after the restaurant
				ceases the sale of food or 11:00 p.m., whichever is earlier.
D. A restaurant with beer and wine license is
				non-transferable from person to person or from location to location. A
				restaurant with spirits license is non-transferable from person to person, but
				may be transferred from location to location within its local option
				district.
E. The sale of alcohol
				through a restaurant beer and wine license is limited to beer and wine, unless
				the restaurant a licensee has applied for and been granted a New Mexico
				spiritious liquors permit. A New Mexico spiritous liquors permit holder may
				sell beer, wine, and spirits made by a New Mexico craft distiller.
F. A restaurant may only purchase alcohol
				through a duly licensed wholesaler, except that a restaurant licensee that also
				holds a small brewer's or winegrower's license may be duly licensed as a
				wholesaler, solely for the purpose of selling beer or wine to the licensee's
				restaurant that it has manufactured through its own license.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 24 - LICENSES AND PERMITS - RESTAURANT LICENSE › Section 15.11.24.9 - APPLICATION FOR ALL RESTAURANT LICENSE TYPES

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant for any restaurant license shall satisfy the
				  director that the applicant is a restaurant as defined in these rules and its
				  primary purpose is not the sale or service of alcohol, by submitting the
				  following:
A. Documentation showing
				that the applicant holds a valid food service establishment permit, and has a
				dining room and a kitchen for preparation of food for on premises consumption.
				Documentation shall include photos of kitchen equipment.
B. A menu showing that the food items
				available are not fast foods, consistent with the definition of a restaurant as
				defined in these rules. The menu must contain entrees that are available during
				all usual and customary hours of operation, and identify the hours of
				operation.
C. A detailed floor plan
				and photos of the proposed licensed premises that depicts and labels all areas
				of the restaurant including, but not limited to the kitchen, dining, storage
				and patio areas. Outdoor patios must be enclosed by a fence or wall to
				physically separate the outdoor portion of the controlled access area from the
				surrounding area. The enclosure must enclose the majority of the outdoor patio,
				but may have a small opening or a gate to allow patrons to enter and exit,
				unless the director finds good cause to require the patio to be completely
				enclosed or to waive this requirement subject to any necessary restrictions
				where the outdoor patio areas are sited within a licensed premise comprised of
				areas and facilities, provided that the totality of the controlled access area
				of the licensed premise is physically or otherwise appropriately separated from
				the surrounding areas. The enclosure for an outdoor area does not have to be
				permanent, but the enclosure must be erected any time alcoholic beverages are
				being served to patrons seated in the outdoor patio.
D. Except for food counters where patrons may
				sit to order food and drinks, a restaurant may not have any counters dedicated
				primarily to the display, service, or consumption of alcoholic beverages, with
				incidental food service; and.
E.
				All areas of the licensed premises must have food service as the primary
				commercial purpose.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 24 - LICENSES AND PERMITS - RESTAURANT LICENSE › Section 15.11.24.10 - REQUIREMENTS FOR RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				addition to any applicable requirements in 15.11.21 NMAC, the director shall
				condition renewal of restaurant license upon a requirement that at least sixty
				percent of the preceding year's gross receipts were derived from the sale of
				food and submission of documentation to that effect.
B. For annual renewal, a licensee shall
				submit a signed, notarized affidavit showing the total gross receipts, the
				gross receipts from the sale of food and the gross receipts from the sale of
				alcoholic beverages.
C. The
				director may require additional documentation, including, but not limited to,
				sales invoices and filings with the New Mexico taxation and revenue department,
				and may inspect the financial records of the licensee that relate to the
				operation of the restaurant.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 25 - LICENSES AND PERMITS - SPECIAL DISPENSER AND SUNDAY SALES PERMITS › Section 15.11.25.1 - 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 25 - LICENSES AND PERMITS - SPECIAL DISPENSER AND SUNDAY SALES PERMITS › Section 15.11.25.2 - 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 25 - LICENSES AND PERMITS - SPECIAL DISPENSER AND SUNDAY SALES PERMITS › Section 15.11.25.3 - 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 25 - LICENSES AND PERMITS - SPECIAL DISPENSER AND SUNDAY SALES PERMITS › Section 15.11.25.5 - 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 25 - LICENSES AND PERMITS - SPECIAL DISPENSER AND SUNDAY SALES PERMITS › Section 15.11.25.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to establish standard procedures for
				  obtaining and operating special dispensers' permits and public or private
				  celebration permits.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 25 - LICENSES AND PERMITS - SPECIAL DISPENSER AND SUNDAY SALES PERMITS › Section 15.11.25.7 - 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 25 - LICENSES AND PERMITS - SPECIAL DISPENSER AND SUNDAY SALES PERMITS › Section 15.11.25.8 - SPECIAL DISPENSER'S PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A special dispenser's permit may be
				issued, at the discretion of the director, to the holder of a dispenser's,
				rural dispenser's, interlocal dispenser's, lottery, or canopy license which is
				not in suspension for any reason on application submitted to the division at
				least ten days prior to the event.
(1)
				Permits for applications received less than ten days prior to June 30, for
				events to be held after July 1, will not be issued until after July 1 to ensure
				that the license has been renewed.
(2) Applications must have an original
				signature, or electronic signature pursuant to Section 14-16-1 et seq., NMSA
				1978, accompanied by the required fee and all required information before they
				will be processed. Incomplete applications will be returned to the
				applicant.
(3) All fees submitted
				are non-refundable, regardless of whether the permit has been issued, the event
				is postponed, or the event is cancelled for any reason.
(4) No permit shall be issued for more than
				twelve hours on any single day.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 25 - LICENSES AND PERMITS - SPECIAL DISPENSER AND SUNDAY SALES PERMITS › Section 15.11.25.9 - SMALL MANUFACTURER'S PRIVATE CELEBRATION PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A small brewer, winegrower or craft
				distiller may apply for a private celebration permit for a private event, in
				which the organizers of the event wish for alcoholic beverages to be sold,
				served, and consumed by guests, provided that the license is not in suspension
				and the licensee submits the application at least 10 days prior to the event,
				subject to the following requirements:
(1)
				Permits for applications received less than seven days prior to February 28th
				for events to held after March 1st may not be issued until after March 1st to
				ensure that the license has been renewed;
(2) Applications must have an original
				signature, or electronic signature pursuant to Section
				14-16-1 et
				seq., NMSA 1978, accompanied by the required fee and all required information
				before they will be processed. Incomplete applications will be returned to the
				applicant.
(3) All fees submitted
				are non-refundable, regardless of whether the permit has been issued, the event
				is postponed, or the event is cancelled for any reason.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 25 - LICENSES AND PERMITS - SPECIAL DISPENSER AND SUNDAY SALES PERMITS › Section 15.11.25.10 - SMALL MANUFACTURER'S PUBLIC CELEBRATION PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A small brewer, winegrower or craft
				distiller may apply for a public celebration permit for any state or county
				fair, community fiesta, cultural or artistic event, sporting competition of a
				seasonal nature or activities held on an intermittent basis, provided that the
				license is not in suspension and the licensee submits the application at least
				10 days prior to the event, subject to the following requirements:
(1) permits for applications received less
				than seven days prior to February 28th for events to be held after March 1st
				may not be issued until after March 1st to ensure that the license has been
				renewed;
(2) Applications must have
				an original signature, or electronic segnature pursuant to Section
				14-16-1 et
				seq., NMSA 1978, accompanied by the required fee and all required information
				before they will be processed. Incomplete applications will be returned to the
				applicant.
(3) All fees submitted
				are non-refundable, regardless of whether the permit has been issued, the event
				is postponed, or the event is cancelled for any reason.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 25 - LICENSES AND PERMITS - SPECIAL DISPENSER AND SUNDAY SALES PERMITS › Section 15.11.25.11 - COMPLIANCE WITH DOCUMENTS REQUIRED ON PREMISES

Current through Register Vol. 35, No. 13, July 16, 2024
All premises subject to any permit issued pursuant to this
				  part shall comply with the requirements of 15.11.2 NMAC as if the premises is a
				  licensed premises.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 26 - LICENSES AND PERMITS - FEES › Section 15.11.26.1 - 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 26 - LICENSES AND PERMITS - FEES › Section 15.11.26.2 - 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 26 - LICENSES AND PERMITS - FEES › Section 15.11.26.3 - 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 26 - LICENSES AND PERMITS - FEES › Section 15.11.26.5 - 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 26 - LICENSES AND PERMITS - FEES › Section 15.11.26.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to establish a uniform schedule of fees
				  applicable to licenses issued under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 26 - LICENSES AND PERMITS - FEES › Section 15.11.26.8 - ANNUAL FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Every application for the issuance or renewal of the
				  following licenses shall be accompanied by an annual fee in the following
				  specified amounts:
A. manufacturer's
				license as a distiller, except a brandy manufacturer: $3,000;
B. manufacturer's license as a brewer:
				$3,000;
C. manufacturer's license
				as a rectifier: $1,050;
D.
				wholesaler's license to sell all alcoholic beverages for resale only:
				$2,500;
E. wholesaler's license to
				sell spirituous liquors and wine for resale only: $1,750;
F. wholesaler's license to sell spirituous
				liquors for resale only: $1,500;
G.
				wholesaler's license to sell beer and wine for resale only: $1,500;
H. wholesaler's license to sell beer for
				resale only: $1,000;
I.
				wholesaler's license to sell wine for resale only: $750;
J. retailer's license: $1,300;
K. dispenser's license: $1,300;
L. canopy license: $1,300;
M. restaurant A license: $1,050;
N. restaurant A license: $10,000;
O. club license, for clubs with more than 250
				members: $1,250; and for clubs with 250 members or fewer: $250;
P. wine bottler's license to sell to
				wholesalers only: $500;
Q. public
				service license: $1,250;
R.
				non-resident licenses, for a total billing to New Mexico wholesalers, in excess
				of:
(1) $3,000,000 annually:
				$10,500;
(2) $1,000,000 annually:
				$5,250;
(3) $500,000 annually:
				$3,750;
(4) $200,000 annually:
				$2,700;
(5) $100,000 annually:
				$1,800;
(6) $50,000 annually: $900;
				and
(7) $1 annually:
				$300.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 26 - LICENSES AND PERMITS - FEES › Section 15.11.26.9 - MISCELLANEOUS FEE SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the fees set forth in the act, the following
				  fees apply:
type of service
fee
application for licensure
$200;
renewal of license - late fee
$350 plus $10 for each additional day late;
change or expansion of licensed premises
$75;
designation of agent lessee
$250;
designation of resident agent (per agent)
$50;
new resident agent - late fee
$100;
transfer of ownership
$200 for first license, plus $10 for each
								additional license;
change of structure
$200 for first license, plus $10 for each
								additional license;
corporate name change; change in DBA
$50;
temporary suspension of license
$20;
temporary suspension of license - late
								application
$50;
certification of alcohol server training
$350 per provider, plus $100 per instructor
program and annual renewal of program; renewal late
								fee for certification of alcohol
$10 per day
server provider, instructor or program; full
								license listing- electronic format
$100;
paper or electronic copies of documents
0.25 cents per page.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 26 - LICENSES AND PERMITS - FEES › Section 15.11.26.10 - EVENT PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
the following are permit fees per each
				  event:
A.  special dispenser's
				permit for public celebrations, $50;
B. special dispenser's permit for catering an
				off-premises function, $25;
C.
				craft distiller's public or private celebration permit, $10;
D. winegrower's public or private celebration
				permit, $10; and
E. small brewer's
				public or private celebration permit, $10.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 26 - LICENSES AND PERMITS - FEES › Section 15.11.26.11 - ANNUAL TASTING PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
for Dispenser's, retailer's, resident manufacturer's,
				  non-resident manufacturer's, wholesaler's, or winegrower license,
				  $100.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 26 - LICENSES AND PERMITS - FEES › Section 15.11.26.12 - PRORATION OF FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. License fees
				for new licenses issued after the beginning of the license year shall be
				prorated.
B. Dispenser, retailer,
				restaurant A, restaurant B, club, and public service license fees shall be
				prorated as follows:
(1) licenses issued in
				the first quarter of the license year for each license type shall be subject to
				the full amount of the annual license fee;
(2) licenses issued in the second quarter of
				the license year for each license type shall be subject to three-fourths of the
				annual license fee;
(3) licenses
				issued in the third quarter of the license year for each license type shall be
				subject to one-half of the annual license fee; and
(4) licenses issued in the fourth quarter of
				the license year for each license type shall be subject to one-fourth of the
				annual license fee.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 27 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.27.1 - 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 27 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.27.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all licensees and applicants for
				  inter-local option district transfers under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 27 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.27.3 - 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 27 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.27.5 - 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 27 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.27.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are intended to establish procedures for filing
				  and processing applications for inter-local option district transfers,
				  applicable to dispenser, and retailer licenses.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 27 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.27.7 - 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 27 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.27.8 - GENERAL APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
An application for an inter-local option district transfer
				  shall satisfy the general requirements for applications set forth at 15.11.21
				  NMAC, as applicable, in addition to the requirements set forth in this
				  part.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 27 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.27.9 - FILING PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				filing period for determining priority of inter-local option district transfers
				isbeginning at 8:00 a.m. on October 1, and ending at 12:00 p.m. on December 31,
				or upon receipt by the division of the 10th priority application, whichever is
				later.
B. In the event that the
				division receives more than tenapplications within a single calendar year for a
				single inter-local option district, such transfers will be accepted by the
				division only during the filing period each year for the next calendar year's
				transfers.
C. Any application
				received before 8:00 a.m. on October 1 will be returned with a letter
				requesting that the applicant resubmit the application during the appropriate
				filing period.
D. Any application
				received after the end of the filing period will be considered untimely and
				will be returned to the applicant.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 27 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.27.10 - PRIORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				substantially complete applications submitted on October 1 after 8:00 a.m. and
				before 5:00 p.m., regardless of the time submitted, will be considered to have
				been received at the same time on that date. If more than 10 applications are
				received on that date, priority applications will be determined by random
				selection by the director without reference to the contents of the
				application.
B. Remaining
				applications submitted on October 1, if more than one, will be selected for
				processing by random selection if one or more of the priority applications
				selected is withdrawn or disapproved.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 27 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.27.11 - APPLICATION PROCESSING

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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.
B. When the division
				receives more than ten applications within a single local option district, only
				priority applications will be processed for transfer during any calendar
				year.
C. Other substantially
				complete applications received beyond the priority applications will be date
				and time stamped and a record kept of their receipt. To avoid having to deposit
				the filing fees, the division will photocopy the applications and return them
				to the applicants with letters advising how many applications are being
				processed before theirs and that they will be notified if and when their
				applications will be considered. Those applications will be given first
				consideration if any of the priority applications are withdrawn or disapproved.
				Applications not considered or approved for one calendar year's transfers may
				not be resubmitted until the filing period for the next calendar
				year.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 27 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.27.12 - AMENDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All applications will be processed based on the information
				  originally submitted. If an application is substantially changed at the request
				  of the applicant, the application may be considered by the division to have
				  been withdrawn. Any application considered by the division to be withdrawn must
				  be resubmitted as required by this rule and will lose any priority for
				  processing it may have received when first filed. If there is a substantial
				  change made to an application after it has been approved or disapproved by the
				  local option district at hearing, including but not limited to a change in
				  transferee, a change of ten percent or more in stock ownership, a change in the
				  named transferee, a change in an officer or director, any change in location, a
				  substantial change to the floor plan or any other terms and conditions deemed
				  substantial by the director, the director may require the amended application
				  be resubmitted to the local option district for approval.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 27 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.27.13 - PROHIBITED TRANSFERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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.
B. 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 an application and provide all documents and
				information the director deems necessary to ensure full disclosure and
				qualification of all persons and entities.
C. 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,
				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 28 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.28.1 - 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 28 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.28.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all special bed and breakfast dispensing
				  licensees and applicants for special bed and breakfast dispensing licensure
				  under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 28 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.28.3 - 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 28 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.28.5 - 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.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 28 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.28.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are intended to establish standards and
				  guidelines applicable to persons obtaining special bed and breakfast dispensing
				  licenses under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 28 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.28.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 NMAC, terms in this part
				  has the same meaning as set forth in the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 28 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.28.8 - BED AND BREAKFAST LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The owner or operator of a bed and breakfast, as defined in
				  15.10.2 NMAC, may apply for and receive a special bed and breakfast dispensing
				  license.
A. Service of beer and wine
				is permitted in common areas only in conjunction with the service of food.
				Service of up to two twelve-ounce servings of beer or two six-ounce servings of
				wine per 24 hours of lodging is allowed to each registered guest over 21 years
				of age.
B. Unless otherwise
				provided in this rule, service of alcohol shall be in accordance with the
				provisions of the act and division rules.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 28 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.28.9 - APPLICATION REQUIREMENTS FOR BED AND BREAKFAST LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
Before a special bed and breakfast dispensing license may be
				  issued, an application shall be submitted to the division and shall contain the
				  following fees and documentation:
A.
				the application fee of $100.00, which shall not be pro-rated;
B. a completed application on the form
				prescribed by the division, signed by the applicant and notarized;
				and
C. proof that applicant meets
				the definition of "bed and breakfast" contained in 15.10.2 NMAC, requiring
				applicant to be a business establishment that offers temporary lodging with
				meals included and has a guest capacity of twenty or fewer persons.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 29 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.29.1 - 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 29 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.29.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to licensed dispenser, retailer, resident
				  manufacturer, non-resident manufacturer, wholesaler or winegrower license
				  holders applying for a tasting permit under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 29 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.29.3 - 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. Section 60-3A-33 authorizes
				  the division to issue tasting permits.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 29 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.29.5 - 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.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 29 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.29.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are intended to establish standards applicable to
				  persons obtaining tasting permits under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 29 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.29.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 NMAC, terms in this part
				  has the same meaning as set forth in the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 29 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.29.8 - TASTING PERMIT, GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A licensed dispenser, retailer, resident manufacturer,
				  wholesaler, winegrower, non-resident manufacturer or an agent or lessee of any
				  such licensed entity may apply for and receive a tasting permit on a licensed
				  premises that sells alcoholic beverages directly to the public and shall adhere
				  to the following limitations of the permit:
A. The liquid volume of all pours of
				alcoholic beverages must be no larger than a taste.
B. All tastes must be given free of
				charge.
C. All tastes must be
				poured by the permit holder, or an employee, agent or contractor of the
				licensee, with a valid server certification. Any such employee, agent or
				contractor must be directly paid by the licensee holding the tasting permit,
				not through a third party.
D. The
				permit holder, and its employees, agents or contractors may not sell any
				alcoholic beverages while operating the tasting permit.
E. The licensee shall notify the division in
				writing or via email at least 48 hours prior to conducting any tasting event,
				disclosing the date, time and location of the tasting event.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 29 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.29.9 - APPLICATION REQUIREMENTS FOR AN ANNUAL TASTING PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
Before an annual tasting permit may be issued, an
				  application shall be submitted to the director for approval, shall be signed by
				  the licensee, and shall contain the following fees and documentation:
A. money order or check for the annual fee in
				the amount of $100.00; and
B. a
				completed, signed application on the form prescribed by the director for:
(1) a non-resident licensee, by a person
				authorized to legally bind the licensee, or
(2) for all other licensees, a person
				fingerprinted in connection with their interest in the licensee pursuant to
				Section
				60-6B-2(B)
				NMSA 1978.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 29 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.29.10 - NO TASTING PERMIT ON SAME PREMISES REQUIRED FOR LICENSES ALLOWING SALES BY THE DRINK

Current through Register Vol. 35, No. 13, July 16, 2024
Nothing in this part requires a holder of a license for sales
				  of alcoholic beverages by the drink to obtain any additional permit to offer
				  tastes in the controlled access area on their own licensed premises, except
				  that any service of free alcoholic beverages shall comply with Subsection C of
				  15.10.51.11
				  NMAC regarding free drinks.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 30 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.30.1 - 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 30 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.30.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all retailers, and to dispensers
				  authorized to sell alcoholic beverages in unbroken packages, under the
				  act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 30 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.30.3 - 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 30 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.30.5 - 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.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 30 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.30.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are intended to regulate purchasing cooperatives
				  authorized pursuant to the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 30 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.30.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 NMAC, terms in this part
				  has the same meaning as set forth in the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 30 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.30.8 - COOPERATIVE AGREEMENT REGISTRATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any number of retailers, or dispensers
				licensed to sell alcoholic beverages by package, may pool their purchases of
				alcoholic beverages from a wholesaler, and may also collectively advertise the
				purchase of alcoholic beverages, provided such cooperative purchases and
				advertising are pursuant to a written and fully executed cooperative agreement
				filed with the division.
B. The
				cooperative agreement to be filed with the division shall include the
				following:
(1) a list of all members of the
				cooperative attached as a schedule to the agreement, identifying the license
				number for each member, to be updated in accordance with 15.11.30.10
				NMAC;
(2) separate invoicing of all
				purchases made by each member pursuant to the agreement and pursuant to Section
				60-8A-3 NMSA
				1978 of the act;
(3) separate
				delivery of all purchases to each member's licensed premises pursuant to the
				agreement;
(4) if the agreement
				provides for the employment of any employees by the cooperative, such employee
				may not have a financial interest in, or receive financial compensation from,
				any individual member;
(5) a
				provision that, with a minimum of notice of 30 days, the cooperative may cancel
				the membership of any member;
(6)
				no prohibition against any member joining any other trade organization or
				entity, except, at the option of the cooperative, a prohibition against joining
				other purchasing cooperatives authorized by the act;
(7) a provision that any member may withdraw
				from the cooperative with a minimum of 30-day notice without penalty for such
				withdrawal;
(8) no prohibition on
				any member from selling any product at an otherwise lawful price; and
(9) a provision that any advertising
				purchased by the cooperative shall either identify all members equally in the
				advertisement, or identify the name of the cooperative only.