DIRECT WINE SHIPPER PERMIT APPLICATION

1 Year Permit Fee: $50.00 Expires June 30th each year; Application Fees are Non-Refundable  CLICK FOR APPLICATION
Annual Renewal Due by April 1st: CLICK FOR RENEWAL FORM 

NMSA §60-6A-11.1.

A.  A Licensee with a Winegrower's License or a person licensed in a state other than New Mexico that holds a Winery License may apply to the director for and the director may issue to the applicant a direct wine shipment permit.

B.   A direct wine shipment permit shall be valid for a permit year.  A permittee shall renew a direct wine shipment permit annually as required by the department to continue making direct shipments of wine to New Mexico residents. 

C. A Permittee may ship:
          (1)   not more than two nine-liter cases of wine monthly to a New Mexico resident who is twenty-one years
of age or older for the recipient's personal consumption or use, but not for resale; and

          (2)   wine directly to a New Mexico resident only in containers that are conspicuously labeled with the
words: "CONTAINS ALCOHOL-SIGNATURE OF PERSON 21 YEARS OR OLDER REQUIRED FOR DELIVERY".

Qualified Applicants must submit the following:

• Copy of your State Liquor License
• Fee of $50.00 – New Mexico Winegrowers do not pay an application fee
• Attach proof of New Mexico CRS # from NM Taxation & Revenue Department  
  (apply online at www.tax.newmexico.gov, or call (505) 827-0700)

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COMMON CARRIER LICENSE APPLICATION

3 YEAR LICENSE TERM, BEGINS JULY 1ST AND ENDING JUNE 30TH OF THE THIRD YEAR, all application fees are non-refundable​        

 APPLICATION FORM: Term: 7/01/2019 - 6/30/2022

Staggered Fee, dependent on date application is submitted, as follows:  

CURRENT CYCLE: 
Applying in 1st year from 7/1/2019 thru 6/30/2020 | $50.00 fee, will expire 6/30/2022
Applying in 2nd year from 7/1/2020 thru 6/30/2021| $33.20 fee, will expire 6/30/2022   
Applying in 3rd year from 7/1/2021 thru 6/30/2022 | $16.60 fee, will expire 6/30/2022

Qualified Applicants must submit the following:

• Copy of your State Liquor License
• Applicable Fee, by check, cashier's check or money order
• Application must be Notarized and include the Name of Carrier, Owners Name, Physical Address, Mailing Address, Contact Numbers, and email.

NMSA §60-6A-13. Registration to transport.  For the renewal year beginning on July 1, 1998 and every three years thereafter, every common carrier transporting alcoholic beverages into and for delivery within the state shall register with the department and pay a registration fee of fifty dollars ($50.00).

NMSA §60-7A-3. Transportation into state without permit; exportation of alcoholic beverages without permit; importation for private use; reciprocal shipping; when unlawful. 

A.   Except as provided in Subsections E and F of this section, it is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a registered common carrier to knowingly deliver a shipment of alcoholic beverages from another state to a person in this state without receiving at the time of delivery a permit issued by the department covering the quantity and class of alcoholic beverages to be delivered and requiring the shipment be transported from the shipper designated in the permit to the designated consignee and from the designated point of origin to the destination designated in the permit. 

B.   Except as provided in Subsections D through F of this section, it is a violation of the Liquor Control Act for a person other than a registered common carrier to knowingly transport from another state and deliver in this state alcoholic beverages, unless the person has in the person's possession on entering New Mexico a permit from the department for the quantity and class of alcoholic beverages to be delivered, designating the name of the shipper and consignee and the point of origin and destination of the alcoholic beverages. 

C.   Except as provided in Subsections D and E of this section, it is a violation of the Liquor Control Act for a person to transport out of state alcoholic beverages on which the excise tax has not been paid, unless the shipment is accompanied by a permit issued by the department for the exact quantity and class transported, showing the consignee's federal and state license numbers and the point of origin and destination of the alcoholic beverages. 

D.   An individual not a minor may transport into or out of the state a reasonable amount of alcoholic beverages for the exclusive purpose of the individual's private use or consumption, and nothing in the Liquor Control Act limits or applies to such private actions. 

E.   An individual or licensee, except for a person holding a winery license, in a state that affords New Mexico licensees or individuals an equal reciprocal shipping privilege may ship for personal use and not for resale not more than two cases of wine, each case containing no more than nine liters, per month to an individual not a minor in this state.  Delivery of a shipment pursuant to this subsection shall not be deemed to constitute a sale in this state and nothing in the Liquor Control Act limits or applies to such shipments.  The shipping container of wine sent into or out of this state under this subsection shall be labeled clearly to indicate that the package cannot be delivered to a minor or to an intoxicated person. 

F.   The holder of a direct wine shipment permit issued pursuant to Section 60-6A-11.1 NMSA 1978 may ship no more than two nine-liter cases of wine per month to a person living in New Mexico who is twenty-one years of age or older for the person's personal consumption and not for resale. 

G.   As used in this section, "in this state" means within the exterior boundaries of the state.

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NON-RESIDENT APPLICATION 

APPLICATION FEE IS $200.00, IN ADDITION TO THE CALCULATED FEE LISTED BELOW. 
Applicant must submit the Total amount due.  All fees are non-refundable.

APPLICATION:  THREE YEAR TERM: 7/01/2019 - 6/30/2022

3 YEAR PRO-RATED LICENSE FEES:  Pursuant to New Mexico State Statute §60-6A-16D, which states:

Nonresident licenses and common carrier registrations shall be issued for a three-year period.  The three-year license for nonresident licenses and for common carrier registrations begins July 1, 2013 and every third year subsequently.  Nonresident licenses and common carrier registrations issued at any time during the:
          (1)   First license year shall be subject to payment of the full amount of the three-year license fee;
          (2)   Second license year shall be subject to payment of two-thirds of the three-year license fee; and  
          (3)   Third license year shall be subject to payment of one-third of the three-year license fee.

TO CALCULATE YOUR FEE: find the estimated total billing to New Mexico Wholesalers in the first column, then select the fee from the appropriate License Period column. For example, if estimated total billing annually is $100,000 and the license period you are applying in is covered by the dates 07/01/20 to 06/30/22, the fee is $1,200. Remember to add the $200 Application Fee to the Pro-rated License Fee.

NMSA§60-7A-4. Sale, shipment and delivery unlawful.

1. It is unlawful for any person on his own behalf or as the agent of another person, except a licensed New Mexico wholesaler or manufacturer or the agent of either, to directly or indirectly sell or offer for sale for shipment into the state or ship into the state, any alcoholic beverages unless such person or his principals has secured a nonresident license.

NMSA§60-8A-6. Primary American Source of Supply.

For the purpose of tax revenue control, no holder of a nonresident license or resident broker license may solicit, accept or fill an order for distilled spirits or wine from a holder of any type of wholesaler's license unless the nonresident licensee or resident broker is the primary American source of supply for the brand of distilled spirits or wine that is ordered. As used in this section, "primary American source of supply" means the distiller, the producer, the owner of the commodity at the time it becomes a marketable product, the bottler or the exclusive agent of any of those. To be the "primary American source of supply," the nonresident licensee or resident broker must be the first source, that is, the manufacturer or the source closest to the manufacturer, in the channel of commerce from whom the product can be secured by American wholesalers.