December 5, 2016: NM Liquor Control Act-Proposed Rule Amendments and New Rules: Click here for Draft
Pursuant to Section 6A-3-10(C) of the Act, the Division hereby makes the proposed amended and new rules available on file for public inspection to all interested parties, and invites public comment. Each proposed amendment or new rule has been previously the subject of a series of informal public meetings with various groups of stakeholders for the purpose of inviting public comment, and the Division has considered all comments submitted therein.
Pursuant to Section 60-3A-10(C) of the Act, the Division shall convene a Public Hearing on these Draft Rules for the purpose of soliciting additional public comment. The Hearing shall be held on Thursday, January 19, 2017, at 9:00a.m., in the Rio Grande Conference Room on the 2nd floor of the Toney Anaya Building, 2550 Cerrillos Road, Santa Fe, New Mexico.
NOTE: The proposed amendments to several of the current rules are presented in strikethrough/underline format; most are presented as a “repeal and replace” without separately delineating each proposed amendment from the existing rule.
Also, as of December 20, 2016, the Clubs and Restaurants sections have been revised.
Please direct any inquiries or comments via email to: Daniel.Rubin@state.nm.us or phone at (505) 476-4547.
Rules and Laws:
NMAC |AGD Rules and Regulations Printable Booklet, click here.
The New Mexico Administrative Code in it's entirety, is accessible at the New Mexico Commission of Public Records website. Click on the following Link: http://18.104.22.168/nmac/_title15/title15.htm
Instructions for navigating to the rules relevant to liquor in New Mexico:
- Click on the link above. This takes you to the Title 15 Gambling and Liquor Control of the New Mexico Administrative Code (NMAC)
- Then Click on Chapter 10 or Chapter 11 and click on the highlighted topics that interest you.
- The Printable Booklet above, contains Chapter 10 General Provisions and Chapter 11 Alcoholic Beverages Licensing, which pertain to the Alcohol and Gaming Division.
NM State Statutes (NMSA), Printable Booklet, effective 24May16:CLICK HERE
SUPPLEMENTAL PAGES, Effective 24May2016, attach to existing 2015 version: CLICK HERE
New Mexico State Statutes that pertain to The Alcohol and Gaming Division, Chapter 60 | Business Licensing, are listed in the printable booklet listed above. To review the full listing of NMSA Statutes, they are available at: http://www.nmonesource.com/nmnxtadmin/NMPublic.aspx
Instructions for navigating to the statutes relevant to liquor in New Mexico:
- Click on the link above. This will take you to the main page of New Mexico Compilation Commission courtesy of Conway Greene.
- Select whether you are using Desktop or Tablet/Smartphone, then click OK.
- This will enter the public access site for searching unannotated New Mexico statutes and court rules.
- On the upper left-hand side of the page click on expand + right next to Statutes, Rules and Const.
- Click on expand + right next to the first NMRA (Unannotated).
- Click on expand + right next to ----> More.
- Click on Chapter 60 Business Licenses.
- The following Articles listed below pertain to the Alcohol and Gaming Division, and are linked.
- 3A. General Provisions, 60-3A-1 through 60-3A-12.
- 4B. Special Investigations Division, 60-4B-1 through 60-4B-9.
- 5A. Local Option, 60-5A-1 through 60-5A-2.
- 6A. State Licenses, 60-6A-1 through 60-6A-32.
- 6B. License Provisions, 60-6B-1 through 60-6B-19.
- 6C. Suspension and Revocation of Licenses, 60-6C-1 through 60-6C-9.
- 6E. Alcohol Server Education, 60-6E-1 through 60-6E-12.
- 7A. Offenses, 60-7A-1 through 60-7A-25.
- 7B. Regulation of Sales and Service to Minors, 60-7B-1 through 60-7B-13.
- 8A. Trade Practices, 60-8A-1 through 60-8A-19.
As required by 22.214.171.124 NMAC, all Licensees dispensing alcohol by package or by drink must conspicuously post the following Four (4) Posters:
1. Minors Not Permitted
2. Pregnancy Warning
3. High Cost of DWI
AND, Choose ONE of the following Firearm Posters, as appropriate:
4a. No Firearms Allowed Poster
To be posted in any restaurant that has elected to prohibit firearms of any kind, whether open or concealed, on its licensed premises by conspicuously posting this sign, and in all other licensed premise that are licensed to sell beer, wine, or spirits for on-premise consumption.
4b. No Firearms Allowed EXCEPT Concealed Carry Poster
To be posted on all licensed premises that do not sell alcoholic beverages for consumption on the premise, or restaurant that has not elected to prohibit firearms of any kind whether open or concealed, on its premise by conspicuously posting the sign on its premises.
4c. No Firearms Allowed by Election of Landowner Poster
To be posted on all licensed premises that do not sell alcoholic beverages for consumption on the premises but choose to prohibit all firearms at the election of the landowner.
Please note that 126.96.36.199 only addressed criminal liability. This rule does not address the rights of any licensee to prohibit firearms under civil law.