Club Liquor License:
A Club Liquor License is a Non-Dispenser, once you've reviewed the definition and sales requirement to members or bonafide guests only, and you are a Non-Profit Organization that meet the Requirements for this type of License, please review the INSTRUCTIONS Below, and click on Application Packet to apply. APPLICATION PACKET
NMSA §60-3A-3 Definitions. E. "Club" Means:
(1) any nonprofit group, including an auxiliary or subsidiary group, organized and operated under the laws of this state, with a membership of not less than fifty members who pay membership dues at the rate of not less than five dollars ($5.00) per year and who, under the constitution and bylaws of the club, have all voting rights and full membership privileges, and which group is the owner, lessee or occupant of premises used exclusively for club purposes and which group the director finds:
(a) is operated solely for recreation, social, patriotic, political, benevolent or athletic purposes; and
(b) has been granted an exemption by the United States from the payment of the federal income tax as a club under the provisions of Section 501(a) of the Internal Revenue Code of 1986, as amended, or, if the applicant has not operated as a club for a sufficient time to be eligible for the income tax exemption, it must execute and file with the director a sworn letter of intent declaring that it will, in good faith, apply for an income tax exemption as soon as it is eligible; or
(2) an airline passenger membership club operated by an air common carrier that maintains or operates a clubroom at an international airport terminal. As used in this paragraph, "air common carrier" means a person engaged in regularly scheduled air transportation between fixed termini under a certificate of public convenience and necessity issued by the federal aviation administration;
NMAC 15.10.54.8 SALES LIMITED TO MEMBERS AND GUESTS:
A. Whenever a member invites one or more bona fide guests to use the club's alcoholic beverage facilities, the club shall be responsible for identifying each bona fide guest and the club member responsible for such guest.
B. A member who has invited bona fide guests to use club facilities shall be present at all times while the guests are on the club premises. Except as otherwise permitted by law, no person other than the club members, bona fide guests, and club employees shall be allowed on any part of the licensed premises where alcoholic beverages are being sold, served, or consumed under the club license.
__________________________________________________________________________________________________________________
APPLICATION INSTRUCTIONS:
ALL HOLDERS OF A CLUB LIQUOR LICENSE MUST BE REGISTERED NON-PROFIT ORGANIZATION. Complete: Page 1 Application, Page 2 Premises Location, Ownership and Description, Page 5 Designation of Resident Agent, Page 6 Personal Data Affidavit.
1. CLUB Application must list only those Officers and/or Directors involved with the management of the liquor license. Application pages must be notarized. All Officers/Directors listed on the Club License must submit a Personal Data Affidavit, be clear of any felonies and if not already submitted for ABC, must submit Fingerprints and obtain FBI Clearance and if managing or making decisions about the liquor license, must also have a valid Alcohol Server Permit.
2. Must also submit copy of the following documentation, in the name of Applicant:
- Tax Registration Certificate
- Lease/Deed as proof of Tenancy
- Zoning Statement/Verification allowing sale/service of alcoholic beverages
- Detailed Floor Plan of Entire premises, including patio if applicable
- Tax Exempt Status, Certificate /Letter of Exemption, issued within last two years per Section 501-A IRS CODE
- Certified copy of Certificate of Incorporation and Articles of Incorporation; if a Foreign Corporation, must also include certified copy of New Mexico Certificate of Authority
- Copy of By-Laws
- Furnish proof of its number of members, as addressed in 15.10.54.13 NMAC, by providing either:
A. a roster of its current members, include the name, address and phone number of each member; or
B. a sworn statement by either a certified public accountant or an attorney, duly licensed in the state, attesting that during the preceding 12 months, the club has had no more than 250 members, based upon a personal review of the club’s operations; or
C. a sworn statement by an officer of the statewide or national non-profit organization associated with the club attesting that during the preceding 12 months, the club has had no more than 250 members, based upon a personal review of the club’s operations.
3. Submit copy of the Non-profit Corporate Report that was submitted to SOSCBS, records must match. Officers and Directors listed on the COA should match the names of the current Officers and Directors on any inquiry done on-line at this web address: http://www.sos.state.nm.us/Business_Services/ or contact them at (505) 827-4511 or 800-477-3632 or email: corporations@state.nm.us. Corporation must be in Good Standing with the Office of the Secretary of State Business Services Division (SOSCBS).
4. MINUTES: Submit a signed copy of the Minutes, verifying the election of the new Officers/Directors.
5. Designated Resident Agent: Club must appoint a Resident Agent - page 6, that is responsible and will serve as the contact person for the Liquor License. An Officer of the Corporation should appoint the Resident Agent and sign/notarize the top portion of the application. The newly appointed Resident Agent accepts the appointment and must sign/date in front of a notary on the bottom portion.
Each Resident Agent MUST BE: Fingerprinted; Hold a current Servers Certification Permit, attach a copy to application; an individual, at least 21 years of age; a Resident of the State of New Mexico and remain a resident of New Mexico; Cannot have been convicted of a felony or of two misdemeanor violations of the Liquor Control Act in any calendar year.
6. Personal Data Information and Affidavit: Submit for each Officer, Director and Resident Agent. Ensure that ALL questions have been answered.
7. Fingerprints required for: The President, Vice President, Treasurer, Secretary (or equivalent) and any Officer or Director who has direct control over operating the Liquor License, and the Resident Agent, ONLY if individual has never submitted fingerprinted for this Agency before they must register with Gemalto online at https://www.aps.gemalto.com & ONLY USE ORI # NM920020Z. Please note that having submitted fingerprints for another Government Agency or Employer is not applicable, the Fingerprint Clearance Request must be submitted specifically for Alcohol Licensing for ABC.
Change of Officers:
CHANGE OF OFFICERS APPLICATION (NON-PROFIT ORGANIZATIONS)
The Division has put together an application to be completed by ALL HOLDERS OF A CLUB LIQUOR LICENSE and is to be submitted yearly when a change in club officers takes place. Instructions are as follows:
1. Change of Officers Application (COA)-Clubs (Non-Profit Organizations): Must contain current Officer/Director information. Make sure the application is completed and signed before a notary public.
2. Submit copy of the Non-profit Corporate Report that was submitted to SOSCBS, records must match. Officers and Directors listed on the COA should match the names of the current Officers and Directors on any inquiry done on-line at this web address: http://www.sos.state.nm.us/Business_Services/ or contact them at (505) 827-4511 or 800-477-3632 or email: corporations@state.nm.us. Corporation must be in Good Standing with the Office of the Secretary of State Business Services Division (SOSCBS).
3. MINUTES: You must submit a signed copy of the Minutes, verifying the election of the new Officers/Directors when you submit your Application for Change of Officers.
4. Resident Agent: only if the current Resident Agent is replaced, a Designated Resident Agent application must be submitted. An Officer of the Corporation should appoint the resident agent and sign/notarize the top portion. The newly appointed Resident Agent accepts the appointment and must sign/date in front of a notary on the bottom portion.
5. Fingerprints: are required for each Officer/Director/Resident Agent listed, only if they have never submitted fingerprints to this agency before, they’ll need to register with GEMALTO online at https://www.aps.gemalto.com & ONLY USE ORI # NM920020Z. If fingerprints cannot be done by Livescan with Gemalto, please contact AGD at (505) 476-4804 or consult ABC website for instructions. Note that persons who have been convicted of a felony or of two misdemeanor violations of the Liquor Control Act in any calendar year may not hold a liquor license or any interest in a liquor license in the State of New Mexico unless the person is restored to the privilege of holding a license by governor. CLICK FOR FINGERPRINT PACKET
If you have any questions, please do not hesitate to contact this office at (505) 476-4875.
Use of Facilities:
REQUEST BY NON-PROFIT ORGANIZATION FOR USE OF FACILITY BY ANOTHER NON-PROFIT ORGANIZATION
REQUEST FORM
Pursuant to NMAC 15.10.54.10 FUND RAISING EVENTS: “A club may allow its facilities, including its licensed premises, to be used by another non-profit organization for a fund raising event if the club submits an application on the form provided by the department not less than 10 days before the date of the proposed event and receives written approval for the event.”
& NMSA §60-7A-13.C Sales by clubs: “No more than two times in a calendar year, for fundraising events...”
TURN IN FORM, which must be received at least 10 days prior to the event and MUST INCLUDE:
- FLOOR PLAN, showing restricted and unrestricted areas
- and if applicable, Attach documentation that outlines the security measures to be taken, required when MINORS ARE ALLOWED AT EVENT, which ensures that Minors will not be served alcohol or allowed in Restricted Area
Please Note that a Club may only allow use of their Facility ONLY TWICE PER CALENDAR YEAR. CLICK HERE FOR REQUEST FORM