LIQUOR LICENSE FAQS:

Q: What type of License is needed to manufacture/produce Hard Cider? ​​ 

You must obtain or hold a WINEGROWER Liquor License.  

 

Q: What type of License is needed to manufacture/produce Kombucha? ​​ 

You must obtain or hold a SMALL BREWER Liquor License.  Please see ttb.gov for types and percentage of alcohol content requirements.  

 

Q: What is the 300 Foot Rule? ​​   CLICK FOR COPY

Prior to issuing a Liquor License, Applicant must establish that they are not located within 300 feet of an active church, school or military installation.  

NEW MEXICO STATE STATUTES ANNOTATED -1978 COMPILATION - CHAPTER 60 BUSINESS LICENSED LIQUOR CONTROL

§60-6B-10. Locations near church or school; restrictions on licensing. 
No license shall be issued by the director for the sale of alcoholic beverages at a licensed premises where alcoholic beverages were not sold prior to July 1, 1981 that is within three hundred feet of any church or school. A license may be granted for a proposed licensed premises if the owner or lessee has, prior to establishment of a church or school located within three hundred feet of the proposed licensed premises, applied for, been granted and maintained a valid building permit for the construction or renovation of the proposed licensed premises and has filed on a form prescribed by the director a notice of intention to apply for transfer of a license to the proposed licensed premises. A license may be granted for a proposed licensed premises if a person has obtained a waiver from a local option district governing body for the proposed licensed premises. For the purposes of this section, all measurements taken in order to determine the location of licensed premises in relation to churches or schools shall be the straight line distance from the property line of the licensed premises to the property line of the church or school. This provision shall not apply to any church that has been designated as an historical site by the cultural properties review committee and which does not have a regular congregation.     History: Laws 1981, ch. 39, § 45; 1986, ch. 29, § 1; 1997, ch. 223, § 1. 

§60-6B-11. Locations near military installations; restrictions on licensing. 
Except for licenses issued prior to July 1, 1981, the director shall not issue retailer's or dispenser's licenses where the licensed premises would be within one and one-half miles in any direction measured from the exterior boundaries of a United States military installation where United States military troops are domiciled. Provided, however, such licenses may be issued or transferred subject to the discretion of the director for operation in an area within the one-and-one-half-mile limitation if a portion of the area lies within the incorporated limits of any municipality, but no license shall be issued for or transferred to a location within two hundred yards of any entrance to the military installation.              History: Laws 1981, ch. 39, § 46. 

NEW MEXICO ALCOHOL CONTROL REGULATIONS   TITLE 15 – GAMBLING AND LIQUOR CONTROL

§15.10.2.7     Definitions. FF.  “School” means:

1. a public or private educational institution accredited as such by the state or federal government;
2. a discernible building or group of buildings generally recognized as a preschool, kindergarten, elementary, secondary, middle school, junior high, high school or combination thereof; or
3. a center for attendance where educational instruction is offered by certified school instructors; a “school” must be located in a zoning area of the local option district that permits schools, but shall not include a home school as defined in Public School Code, or adult career training classes, or facilities used exclusively for daycare services.

§15.10.32.8     LOCATION NEAR CHURCH, SCHOOL OR MILITARY INSTALLATION: 
All measurements for the purpose of determining the location of a licensed premises in relation to churches, schools or military installations shall be the shortest direct line measurement between the actual limits of the real property of the church, school or military installation in which there is regularly conducted church services, educational functions or military troops housed, and the licensed premises where alcoholic beverages are proposed to be sold. 

If the proposed licensed premises is within 400 feet of a church or school, and the applicant does not admit the proposed licensed premises is within 300 feet of a church or school, the application must be accompanied by a certified report of a registered engineer or duly licensed surveyor.        [15.10.32.8 NMAC - Rp, 15 NMAC 10.3.2.8, 4/25/2017]

 

§15.10.32.9     PREMISES WHERE ALCOHOL WAS SOLD PRIOR TO 1981:
 A.  For purposes of transfer and issuance of liquor licenses, a location where alcoholic beverages were sold prior to July 1, 1981, is a location that was licensed for the sale of alcoholic beverages by the division prior to July 1, 1981.  For purposes of special dispenser’s permits, a location where alcoholic beverages were sold prior to July 1, 1981, includes church and school property where alcoholic beverages were traditionally sold prior to July 1, 1981, at events, such as annual church fiestas or school fundraisers, even if the premises were not licensed by the division prior to July 1, 1981.

B.  If an applicant seeks to have a location approved as a licensed premises where alcoholic beverages were sold prior to July 1, 1981, and if alcoholic beverages have not been sold on the previously licensed premises for a period of 12 months or more, the applicant has the burden of showing the church or school has not detrimentally relied on the lack of sales or closing of the previously licensed premises.  An applicant for a special dispenser’s permit on church or school property has the burden of establishing that sales of alcoholic beverages occurred on the church or school property on an annual or other regular basis prior to July 1, 1981. [15.10.32.9 NMAC - Rp, 15 NMAC 10.3.2.9, 4/25/2017]

 

Q: How do I get a liquor license in New Mexico?

• Non-Dispenser:
  Small Brewer, Winegrower, Craft Brewer, Bottler, Wholesaler, Manufacturer, Governmental, Public Service, and Clubs 

  Restaurant (Beer and Wine):  
  Restaurants that want a Beer and Wine License must be a full service Restaurant with staff to serve both food and beer/wine. 

  You may apply for a Non-Dispenser License by submitting an application.  For AGD Forms & Applications, click here

• Dispenser:
  New Mexico is a quota state and has a limited number of Dispenser type Licenses and the Alcoholic Beverage Control Division has issued all liquor licenses allowed  by law.

  Some examples of businesses that need a Dispenser License are: Bars, full service Restaurants that intend to serve beer, wine and spirits and/or have a bar, Convenience Stores, Grocery Stores, Wine Bars, Gift Shops, Nightclubs, Package Liquor Stores, Non-Resident, Common Carrier. 
  
  Licenses of this type are bought and sold, transferred to new locations or leased, with the prior approval of the Division.  You must obtain information on licenses available for sale or lease on your own or contact a Liquor License Attorney or a Broker.  ABC does not provide this type of information.  We do have a list of recently sold licenses, last updated 1/4/2018 click here

• Applicants can either lease or purchase Dispenser type liquor licenses from current holders of these licenses.

• HOW DO YOU LEASE A LICENSE?  WHERE CAN YOU FIND A LICENSE THAT IS FOR SALE OR LEASE?  WHAT IS THE COST OF LEASING OR PURCHASING?

  For legal reasons, the Division is unable to assist you with Licenses that may be available for Lease or Purchase.  Our responsibility lies with issuing licenses and monitoring the sale and lease of licenses.  This precludes us from being involved in referring a potential buyer/lessee with seller/lessor.    

  Please consult an attorney, liquor license broker or a real estate agent that specializes in liquor licensing.  You may also check the Business Opportunities section of the newspapers, the telephone book or the internet.    Finally, it may be helpful to inquire with some of the local business owners for recommendations.

• RECENT LIQUOR LICENSE SALES, last updated 1/4/2019 CLICK HERE

Q: FINGERPRINTS: Do I have to submit my fingerprints when applying for a liquor license?

• YES.  All Liquor License Applicants, License Holders, Managers, all Principal Officers, Directors, Shareholders, Partners and Members, and any of the following that own 10% or more in the Business/Partnership/Company: Stockholders, Partners, Owners, Members, MUST OBTAIN FINGERPRINT CLEARANCE prior to obtaining a Liquor License in the State of New Mexico.
• CLICK FOR APPROVED FINGERPRINT LOCATIONS IN NEW MEXICO

• Because the Liquor Control Act does not allow for a convicted felon to own or be an officer on a liquor license this agency requires such persons to be fingerprinted to receive the background reports from the State and Federal level. Therefore, the Federal Bureau of Investigation requires the following notice:

  Applicant Notification and Record Challenge

  Officials at the governmental institutions and other entities authorized to submit fingerprints and receive FBI identification records under this authority must notify the individuals fingerprinted that the fingerprints will be used to check the criminal history records of the FBI. The officials making the determination of suitability for licensing or employment shall provide the applicants the opportunity to complete, or challenge the accuracy of, the information contained in the FBI identification record. These officials also must advise the applicants that procedures for obtaining a change, correction, or updating of an FBI identification record are set forth in Title 28, C.F.R., § 16.34. Officials making such determinations should not deny the license or employment based on information in the record until the applicant has been afforded a reasonable time to correct or complete the record, or has declined to do so. (Title 42, U.S.C., §14616, Article IV (c); Title 28 C.F.R., § 50.12 (b))

Q: SERVER PERMIT: Who is required to obtain a Server Permit?

• Everyone who sells or serves alcohol in the state of New Mexico is required to obtain an Alcohol Server Permit and it must remain active/current. This includes all Liquor License Owners, Lease Holders, Managers, the Designated Resident Agent for the License​, Bartenders, Bouncers, Waiters, Waitresses and Convenience or Grocery Store Clerks.
• Anyone who serves and sells alcoholic beverages and packaged liquor.
• Only Approved Providers listed on our website are acceptable.  For the provider listing click here.

Q: Does the Division approve the sale and/or lease of all liquor licenses?

• Yes. All applicants must submit an application for the approval of the sale or lease of Dispenser type liquor license. These applications are thoroughly reviewed by ABC and sent to the Local Option District for their approval. For ABC Forms & Applications, click here.
• The Division reserves the right to deny a sale or lease application if the safety and public health is threatened by issuance of such license.

Q: May a Restaurant, Small Brewer, Winegrower Liquor License be sold, transferred or leased?

• No. A Restaurant Liquor License cannot be sold, transferred or leased from one individual to another, from one business to another or from one location to another.
• If the ownership or location of the business changes, a new license must be obtained.​       

Q: What types of citations may be issued to a liquor license?

• Citations can be either criminal, administrative or both for selling or serving alcoholic beverages to minors and intoxicated individuals.
• Criminal citations are issued law enforcement agents with the State Police Special Investigations Division.
• Selling or serving alcoholic beverages to a minor a second time is a fourth-degree felony.
• Administrative citations are processed by the Division. Violations of the Liquor Control Act may result in fines of up to $10,000, and/or the suspension or revocation of the license.

Q: Is it possible to receive a criminal citation and an administrative citation for the same act?

• Yes. Most violations of the Liquor Control Act are a crime as well as an administrative violation of the Act.
• For example, selling alcohol to minors is a crime by the individual making the sale as well as an administrative violation of the Liquor Control Act by the licensee and the server.
• The results of the criminal and the administrative processes may also be different – a licensee or a server may have charges dismissed in a criminal proceeding but be found guilty in an administrative hearing.

Q: Could a licensee be charged with an administrative violation of the Liquor Control Act based on the actions of an employee?

General License/Operation Questions

Q: May minors be employed to sell or serve alcoholic beverages?

Persons 19 and 20 years of age may only work in a restaurant environment and cannot be bartenders or cocktail servers. Only persons over 21 years of age may sell or serve alcohol in package stores, bars or lounges. A restaurant is an establishment whose primary activity is the sale of food and not the sale or consumption of alcohol.

Q: Is gambling permitted on a licensed premise?

No. Gambling is not permitted except as authorized under the Gaming Control Act – lottery tickets - and the Bingo & Raffle Act – certain non-profit clubs have pull-tabs and gaming machines that may only be played by members of the club.

Q: May a licensee allow pool playing or other games on the licensed premise?

• Yes. Games of skill such as pool and bowling are permitted.
• Participants CANNOT be charged an entry fee and cash prizes or other prizes of value may not be awarded.
• Spectators or participants may not gamble or bet on the outcome.

Q: What are the legal hours of operation during which alcohol can be sold, served or consumed on a licensed premise?

Weekdays & Saturdays:

• For a Restaurant Liquor License (beer & wine), the hours of operations are from 7:00 am to 11:00 pm or until meal service ceases – whichever is earlier – from Monday through Saturday.
• For all other license types, it’s from 7:00 am until midnight for package liquor sales and from 7:00 am until 2:00 am for on-premise consumption.

• For a Restaurant Liquor License, it’s 11:00am until 11:00pm or until meal service ceases - whichever is earlier, on Sundays in a local option district that has voted to allow Sunday Sales by the drink.
• For all other license types, legal hours of operation are from noon to midnight for both package liquor sales and on-premise consumption in local option districts that have voted to allow Sunday Sales.
• Licensees wishing to sell, serve or permit the consumption of alcoholic beverages on Sundays must have applied for and received the appropriate permit from the Division.
• Not all local option districts allow Sunday sales. Please contact the Division to see if the sale or service of alcohol on Sunday’s is permitted in your area.

Holders of dispensers, restaurant, club and governmental licenses that have a current, valid food establishment permit may sell, serve or allow the consumption of alcohol by the drink on the licensed premise from noon until 10:00 pm or until meal service ceases - whichever is earlier - for Restaurant Liquor Licenses. When Christmas falls on a Sunday, sales are only permitted in those local option districts that have voted to allow Sunday Sales. There are no package sales allowed on Christmas Day.
 

What are acceptable forms of identification?

• Any current and valid ID card issued by a federal, state or municipal government that contains a picture of the person and a birth date showing that they are over 21 years of age.
• Some examples are a driver’s license, non-driver ID, military ID, or a passport.

May a licensee or a server serve alcoholic beverages to a person who is intoxicated?

No. It is a violation of the Liquor Control Act to sell or serve alcoholic beverages to a person who is obviously intoxicated if the server knew or should have known that the person was intoxicated.

How old must a person be to buy, possess or consume alcoholic beverages in New Mexico?

A person must be at least 21 years of age to buy, possess or consume alcoholic beverages. It is illegal for anyone to sell, give or procure alcohol to or for minors.

Holders of dispensers, restaurant, club and governmental licenses that have a current, valid food establishment permit may sell, serve or allow the consumption of alcohol by the drink on the licensed premise from noon until 10:00 pm or until meal service ceases - whichever is earlier for Restaurant Liquor Licenses. When Christmas falls on a Sunday, sales are only permitted in those local option districts that have voted to allow Sunday Sales. 

SERVER PERMIT FAQS: