New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 31 - ALCOHOL SERVER TRAINING - CERTIFICATION › Section 15.11.31.8 - SERVER PERMITS: ISSUANCE, DISTRIBUTION, REPLACEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Server permit required.
Every licensee or lessee who is directly involved in sale, delivery or service
				of alcoholic beverages, and all servers must satisfactorily complete a program
				every three years to obtain a server permit. No person shall be employed as a
				server on a licensed premises, or participate in the delivery of alcoholic
				beverages unless that person first obtains a server permit, except that a
				person not previously certified must obtain a server permit within 30 days of
				employment.
B.
Server permit
				issuance.
Satisfactory completion of a certified program will be
				determined by the student earning a score of eighty percent or higher on an
				approved test administered at the end of a classroom program or administered at
				the end of or after completion of a module for on-line programs. Each student
				who satisfactorily completes a certified program may be issued a server permit
				by the division. If the student has a child support hold placed on him or her
				by the human services department, the division shall not issue a server permit
				to that student until the child support hold has been lifted.
C.
Providers' duty to inform the
				division of student's satisfactory completion.
Within 10 business days
				of satisfactory completion of any certified program, the provider who
				administered the program shall submit to the director a server permit
				application for each student who satisfactorily completed the program,
				including their name, personal identifier, address, date of birth, and any
				other information required by the director on forms prescribed by the division
				and in accordance with methods prescribed by the division, including electronic
				submission. Server permits will be numbered sequentially to provide a unique
				number for each student who satisfactorily completes a program. Any application
				received by the division more than 10 business days after the date the course
				was completed will subject the provider to a late fee of five dollars ($5) per
				application. Any incomplete application received by the division shall be
				returned to the provider for completion.
D.
Division will distribute
				permits.
The division will prepare and distribute the server permits to
				the student within 120 days of satisfactory completion of a certified program.
				Providers are required to store original server permit applications in a
				secured manner for six months from the date of satisfactory completion of the
				certified program. After six months from the date of satisfactory completion,
				providers may destroy the original server permit applications through shredding
				or another method that ensures the information cannot be stolen or otherwise
				re-used.
E.
Temporary Server
				Permits.
Providers who administer a classroom program may issue
				temporary server permits by recording the test grade on the server permit
				application and issuing a designated copy of the application to the student.
				Providers who administer on-line programs may issue temporary server permits by
				allowing the student to print out a computer generated document, containing
				information as required by the director, upon satisfactory completion of the
				program by student. Temporary server permits are valid for 120 days from the
				date the exam is successfully completed. Photocopies of the designated copy of
				the application or computer print-out are not valid temporary server permits.
				If the server loses the temporary server permit, it is the responsibility of
				the provider to supply a replacement temporary server permit. Providers are
				required to inform all students that it will take up to 120 days from the date
				the exam is successfully completed for the server to receive a permanent permit
				from the division and that if the server needs a replacement temporary server
				permit the server may obtain one from the provider.
F.
Replacement server permits.
Requests for replacement server permits must be submitted in writing to the
				division. Requests must be made by the server, must be submitted on forms
				prescribed by the division and must be accompanied by a ten dollar ($10.00)
				replacement fee in the form of a cashier's check or money order. If the request
				is made in person, the server must present a valid, government issued
				identification card. If the request is made by mail, the server must enclose a
				photocopy of a valid, government issued identification card. A request to
				change the name of the server may, in lieu of a valid, government issued
				identification card, include a copy of a marriage certificate, divorce decree,
				or court order.
G.
18, 19 and
				20 year olds.
Pursuant to Subsection B of 60-7B-11 NMSA 1978, a person
				between the ages of 18 years and 21 years old may only serve alcohol in a
				restaurant. A provider may offer its program to a student between the ages of
				18 years and 21 years old, provided that the student is given notice that the
				server permit will only allow the student to serve in a restaurant and that he
				or she will not be eligible to participate in the delivery of alcoholic
				beverages, serve in a bar or retail location, or in a restaurant as a
				bartender, even with a server permit, until he or she reaches the age of 21
				years.