Beer and Wine License: Overview
EFFECTIVE MARCH 28, 2014 THIS DIVISION WILL NO LONGER ACCEPT CASH FOR ANY TYPE OF PAYMENT
Restaurant Licenses (Beer & Wine)
Beer and wine licenses are available from the state and are issued to full service restaurants only. To qualify, at least 60% of the restaurant’s gross receipts must come from the sale of food. The business must have a full kitchen, dining area and wait staff to deliver food and beverages to the tables. Restaurants serving only hamburgers, sandwiches, salads or other fast foods will not qualify.
There are currently approximately 650 businesses that have this type of license. They are allowed to serve beer and wine only with meals and cannot function as a bar or nightclub. There are no quota limitations, however not all counties or municipalities have held the election that allows issuance of these licenses. To determine whether this license type is available in your area, please contact our office at (505) 476-4875.
There are new procedures for applicants submitting fingerprints for liquor licensing with the New Mexico Alcohol and Gaming Division.
1. We recommend that all applicants first call the Division and speak with a hearing officer to confirm whether or not fingerprints are required.
2. If fingerprints are required, applicants must first register online with www.cogentid.com. Click the “New Mexico” link, then select “register online for background check” link under “Applicant Use” box. You may then register and pay online for a background check.
3. When you reach the registration screen, please use the New Mexico AGD ORI # NM920020Z, under Regulation & Licensing Alcohol and Gaming. Use may also locate our ORI via the Cogent ORI lookup function. Please note: YOU MUST USE THE CORRECT ORI number or you will have to repeat the application process and pay an additional fee. If you do not use the correct ORI number, AGD will NOT receive an FBI background report.
4. In the “reason” box, select “60-3A-9 Alcohol Licensing”.
5. Verify your information and print a receipt. Take the receipt and a VALID PHOTO ID to a Cogent fingerprint location that is convenient for you. To find a location, click the finger print location tab on the bottom of the page of the registration screen.
6. Fingerprinting fee is $44.00 payable on-line or by money order payable to 3M Cogent per instructions on the Cogent site.
7. Out-of-state applicants must register with Cogent. If you are out of state and submitting fingerprint cards for processing, you are still required to register with Cogent but you must submit the fingerprint cards, forms, copy of registration receipt from Cogent and fee (still made out to 3M Cogent), to the AGD office. AGD will submit them to Cogent after verification of compliance with the Liquor Control Act. It is VERY important when submitting fingerprints cards to SPECIFICALLY IDENTIFY purpose, i.e. you are the President, VP, Secretary, Treasurer, Director, Owner with percentage, Member with percentage, etc., in the reason fingerprinted box on each fingerprint card.
If you have questions regarding on-line registration screen or process, contact the Cogent call center at 877-996-6277
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))