INSTRUCTIONS FOR CRAFT DISTILLER/OFF-SITE LIQUOR LICENSE
CLICK FOR APPLICATION PACKET
The non-refundable application fee of $200.00, and if applicable, the $50.00 Resident Agent Fee, $100.00 Sunday Package Sale Fee and $100.00 Sunday Sale by the Drink Fee, must be enclosed or the application will be returned to you. Keep a copy of the complete application packet for your records.
Checklist, use to assist you in submitting all the required documentation; submit with application.
Appointment of Representative – If Applicant is represented by an attorney, broker, CPA, etc., include a signed/dated letter, which authorizes AGD to disclose information and allows the appointee to speak/act on behalf of applicant.
Pages 1, 5, and 6 must be signed and notarized.
Note that all supporting documentation submitted must be in the name of the APPLICANT. If the applicant is a Corporation, LLC, Partnership, or Trust, the required documentation such as Tax Registration Certificate, Proof of Tenancy (Lease/Deed), Bills of Sale, etc., must be in the name of that entity.
Fingerprints <Obtain fingerprint packet from agd website for instructions and forms: 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.
Fingerprints are required for the Applicant and each Principal Officer/Director/Resident Agent listed, only if they have never submitted fingerprints to this agency before, or if there has been an arrest record after date fingerprints were submitted, they’ll need to register with Cogent online at www.cogentid.com If fingerprints cannot be done by Livescan with Cogent, please contact AGD at (505) 476-4875 or consult AGD website for instructions.
EXPLANATION OF REQUIRED DOCUMENTS:
ALL DOCUMENTS LISTED BELOW ARE REQUIRED FOR A CRAFT DISTILLER AND FOR AN OFF-SITE LOCATION, EXCEPT THOSE LISTED IN ITALICS WHICH ARE ONLY FOR CRAFT DISTILLER:
Page 1 – Application
On-Site Production Plan / Affidavit – Submit a notarized statement that affirms that all production will remain on-site at the premises listed on the application.
- Tax Registration Certificate – A copy of the New Mexico Tax Registration Certificate (CRS Identification Number) in the name of the Applicant (sole proprietor, Corporation, LLC etc.) issued by the New Mexico Taxation & Revenue Department. Applicants may obtain this documentation at any field office, call (505) 827-0700, or online.
- Federal Basic Permit – If you have obtained this already, submit a copy, otherwise, include a copy of your application with the approval to be submitted before final review. To begin the process or for more information, contact the Alcohol and Tobacco Tax and Trade Bureau, or TTB at https://www.ttb.gov
Approved Labels, if applicable.
Photos – Include photos of premises, which include the Manufacturing Equipment, and Patio, if applicable.
Licensing Fee – Craft Distiller $750.00, Off-Site Location $200.00, which will only be accepted at Final Review, applicant will be notified when to submit this.
Page 2 – Premises, Location and Description
Proof of Tenancy (Lease, Warranty Deed or Real Estate Contract) – A complete copy of the fully executed Lease Agreement, Warranty Deed or Real Estate Contract, for the premise in the name of the Applicant.
- The Lease Agreement must be signed by both parties (Lessor and Lessee). All Exhibits, Addendums to Lease Agreement, Amendments to Lease Agreement, or Subleases must accompany the Lease Agreement.
- If Lease Agreement does not address Permitted Use of the sale, service and/or manufacturing of alcohol on the premises, you must submit an Addendum permitting this use.
- The Warranty Deed must be a filed and recorded copy.
Zoning Statement – A copy of the Zoning Statement for the proposed premises, must be current/within one year of application date, issued by the Local Governing Body, on official letterhead. Contact your city or county clerk for contact information for the zoning office in your area. The Zoning Statement must include each of the following:
- The complete physical address of the proposed establishment.
- Zoning type (example: C-1, Commercial).
- A Statement regarding Permitted Use for the type of liquor license being applied for – need permission for Manufacturing, Production, Storage and Selling alcoholic beverages. (example: On-premises consumption of alcohol is a permitted use within this zone; with or without Patio Service permitted; Manufacturing permitted use; Sale of packaged alcohol for off-premises consumption permitted use).
Detailed Floor Plan with Photos – A Floor Plan for the proposed premises, showing the entrances/exits, kitchen, storage, sale, service, and consumption areas. All areas must be completely labeled. Submit legible Plan, that may be hand-drawn or architect drawing, on an 8½ x 11” sheet of paper for each floor. Please DO NOT submit blueprints. Drawing must indicate:
- Name of Applicant, Physical Address and clearly mark which direction is North.
- Location of the main street in relation to the licensed premises.
Label Floor Plan, include Bonded Areas and show Storage areas and Manufacturing areas; Layout must show the entrances, exits, and storage areas.
- List Total Square Footage, including Patio, if applicable (example: 2,500 square feet or 2,000 +500 patio =2,500).
- Show any and all Patios and/or Outside Areas, indicate how they are permanently enclosed to prevent alcohol from leaving the premises. Label the type of enclosure used and the height, include photos. (example: 6 foot adobe wall with 5 foot wood gate).
Photos – include Interior of premises, manufacturing/location/storage of alcohol, and Exterior /patio and fencing, if applicable.
Only if proposed premises is between 300 and 400 feet of the nearest church or school, you will need:
Surveyor’s Certificate – A certified copy of the Surveyor’s Certificate (Plat), showing the measurement from the nearest point of the proposed premises to the nearest point of the church or school property line. All measurements should be taken by shortest direct line.
Waiver – A copy of the approved Waiver from the Local Governing Body, on official letterhead.
Opinion Letter – Obtain a Letter, on official letterhead, from the Church or School in question, indicating whether or not they object to the application and/or issuance of a liquor license at the proposed location.
PAGE 3 - Required for Corporations/ Limited Liability Companies/ Partnerships/ Trusts
Full disclosure totaling 100% is required. Each individual, Principal Officer, Director, Member, Manager, Partner and each Shareholder holding 10% or more, applying for license must complete the Personal Data Affidavit form. Each individual, Principal Officer, Director, Member, Manager, Partner and each Shareholder who owns a 10% interest or more must be Fingerprinted. All Owners that run operations, on-site Managers, Managing Members and Resident Agents must obtain and/or maintain a valid Alcohol Server Certification Permit.
- Partnership Agreement – A complete and fully executed Partnership Agreement.
- Certificate of Partnership – A Certificate of Partnership issued by the Secretary of State’s Office (if applicable).
- Certificate of Incorporation – A copy of the Certificate of Incorporation.
- Articles of Incorporation – A filed copy of the Articles of Incorporation and any amendments thereto.
- Certificate of Good Standing – A copy of the Certificate of Good Standing. The Division will obtain this document from the Public Regulation Commission. The corporation MUST be in good standing.
- Certificate of Authority – A copy of the Certificate of Authority for all Foreign Profit Corporations (out-of-state).
Limited Liability Company
- Certificate of Organization – A copy of the Certificate of Organization.
- Articles of Organization – A filed copy of the Articles of Organization and any amendments thereto.
- Operating Agreement – A complete and fully executed Operating Agreement listing all members and managers including percentages of interest owned by each and any amendments thereto.
- Certificate of Registration – A copy of the Certificate of Registration for all Foreign Profit Companies (out-of-state).
Page 4 – Trust
- Trust Agreement – A complete and fully executed Trust Agreement shall be provided for In-Camera Review by the Division. It should not be attached to the application, only brought in by Applicant for review.
PAGE 5 - DESIGNATED RESIDENT AGENT:
An Applicant who is not a sole proprietor is required to submit information regarding a New Mexico resident, who is not a felon, to act on behalf of the company and accept service of process for all purposes relating to the sales and service of the alcoholic beverages, including orders and notices of the Director and/or the Division.
The Resident Agent form must be completed, signed, and notarized in two places.
First Section – the Appointment section, is to be completed and signed by an officer, director or a shareholder, holding a 10% interest or more, who has been fingerprint qualified. This signature must be notarized. In this section, the applicant will list the name of the chosen Resident Agent.
Second Section – the Acceptance section, must be completed and signed by the individual who has been designated as the Resident Agent by the Applicant. The signature of the Resident Agent must also be notarized.
The individual designated as Resident Agent must complete a Personal Data Affidavit Form. Note: All entities must file a new application for Resident Agent each time there is a change in agents.
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, and at time of application; 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.
PAGE 6 – PERSONAL DATA AFFIDAVIT:
Submit this page for each individual applicant, each Principal Officer and Director of a Corporation, each Stockholder (individual) owning 10% or more of the stock in Applicant Corporation, each individual Limited or General Partner, and each Resident Agent for a Corporation, and each Manager and Member of LLC with 10% or more interest.
As part of the application, EACH individual, Principal Officer, Director, and Shareholder who owns a 10% interest or more, applying for license must complete the Personal Data Affidavit Form.
All Owners, on-site Managers and Resident Agents must obtain or maintain a valid Alcohol Server Certification Permit.
Everyone who sells or serves alcohol in the state of New Mexico is required to obtain a permit by taking a New Mexico approved Alcohol Server Education class. This includes all Bartenders, Waiters, Managers, Liquor License Owners, Convenience or Grocery Store Clerks, and the Designated Resident Agent for the License.
PAGE 7 – SUNDAY SALES:
Sunday Sales by the drink and/or package are only permitted in those local option districts in which Sunday Sales have been approved by the voter. Sunday Sales by the Drink Fee: $100.00 Sunday Sales by the Package Fee: $100.00
Please Note: The Director may require additional information or supporting documentation to complete the application.
Helpful List of some of the applicable New Mexico State Laws for Craft Distillers:
NMSA §60-6A-6.1. Craft distiller's license.
A. In any local option district, a person qualified pursuant to the provisions of the Liquor Control Act, except as otherwise provided in the Domestic Winery, Small Brewery and Craft Distillery Act, may apply for and be issued a craft distiller's license subject to the following conditions:
(1) the applicant submits evidence to the department that the applicant has a valid and appropriate permit issued by the federal government to be a craft distiller;
(2) renewal of the license shall be conditioned upon:
(a) no less than sixty percent of the gross receipts from the sale of spirituous liquors for the preceding twelve months of the licensee's operation being derived from the sale of spirituous liquors produced by the licensee;
(b) the manufacture of no less than one thousand proof gallons of spirituous liquors per license year at the licensee's premises; and
(c) submission to the department by the licensee of a report showing the number of proof gallons of spirituous liquors manufactured by the licensee at the licensee's premises and the annual gross receipts from the sale of spirituous liquors produced by the licensee and from the licensee's sale of distilled spirituous liquors produced by other New Mexico licensed craft distillers;
(3) a craft distiller's license shall not be transferred from person to person or from one location to another;
(4) the provisions of §60-6A-18 NMSA 1978 shall not apply to a craft distiller's license; and
(5) nothing in this section shall prevent a craft distiller from receiving other licenses pursuant to the Liquor Control Act.
B. A person to whom a craft distiller's license is issued pursuant to this section may do any of the following:
(1) manufacture or produce spirituous liquors, including aging, filtering, blending, mixing, flavoring, coloring, bottling and labeling;
(2) store, transport, import or export spirituous liquors;
(3) sell only spirituous liquors that are packaged by or for the craft distiller to a person holding a wholesaler's license, a craft distiller's license or a manufacturer's license;
(4) deal in warehouse receipts for spirituous liquors;
(5) buy spirituous liquors from other persons, including licensees and permittees under the Liquor Control Act, for use in blending, flavoring, mixing or bottling of spirituous liquors;
(6) be deemed a manufacturer for purposes of the Gross Receipts and Compensating Tax Act [Chapter 7, Article 9 NMSA 1978];
(7) conduct spirituous liquor tastings and sell, by the glass or by the bottle, or in unbroken packages for consumption off the premises but not for resale, spirituous liquors of the craft distiller's own production or spirituous liquors produced by another New Mexico craft distiller or New Mexico manufacturer on the craft distiller's premises; and
(8) at no more than three other locations off the craft distiller's premises, after the craft distiller has paid the applicable fee for a craft distiller's off-premises permit, after the director has determined that the off-premises locations meet the requirements of the Liquor Control Act and department rules for new liquor license locations and after the director has issued a craft distiller's off-premises permit for each off-premises location, conduct spirituous liquor tastings and sell by the glass, or in unbroken packages for consumption and not for resale, spirituous liquors produced and bottled by or for the craft distiller or spirituous liquors produced and bottled by or for another New Mexico craft distiller or manufacturer.
C. For a public celebration off the craft distiller's premises in any local option district permitting the sale of alcoholic beverages, a craft distiller shall pay ten dollars ($10.00) to the department for a "craft distiller's public celebration permit" to be issued under rules adopted by the director. Upon request, the department may issue to a craft distiller a public celebration permit for a location at the public celebration that is to be shared with other craft distillers, small brewers and winegrowers. As used in this subsection, "public celebration" includes any state or county fair, community fiesta, cultural or artistic event, sporting competition of a seasonal nature or other activity held on an intermittent basis.
D. Sales and tastings of spirituous liquors authorized in this section shall be permitted during the hours set forth in Subsection A of Section 60-7A-1 NMSA 1978 and between the hours of noon and midnight on Sunday and shall conform to the limitations regarding Christmas day sales and the expansion of Sunday sales hours to 2:00 a.m. on January 1, when December 31 falls on a Sunday as set forth in Section 60-7A-1 NMSA 1978.
§60-6A-20. Vested rights of licensees operating breweries, distilleries, rectifying plants or wineries.
If a permit or license is issued to a person for the operation of a brewery, distillery, rectifying plant or winery, and the permittee or licensee has commenced the operation of the brewery, distillery, rectifying plant or winery under the terms of the permit or license, the permit or license shall be construed to constitute a contract vesting in the licensee, for a period of fifty years from the date of the original issuance of the license or permit, a right to operate the business, which right shall not be impaired by any subsequent legislation or local option election. This section shall not be construed to permit the licensee or permittee to sell its products in this state contrary to the current laws of this state.
As used in the Domestic Winery, Small Brewery and Craft Distillery Act:
A. "brandy" means an alcoholic liquor distilled from wine or from fermented fruit juice;
B. "beer" means any fermented beverage containing more than one-half percent alcohol obtained by the fermentation of any infusion or decoction of barley, malt and hops or other cereal in water, and includes porter, beer, ale and stout;
C. "craft distiller" means a person licensed as a craft distiller who owns or operates a business for the manufacture of spirituous liquors but who does not manufacture more than one hundred fifty thousand proof gallons per license year;
D. "small brewer" means any person who owns or operates a business for the manufacture of beer but does not manufacture more than two hundred thousand barrels of beer per year;
E. "proof gallon" means a gallon of liquid at sixty degrees Fahrenheit that contains fifty percent ethyl alcohol by volume or its equivalent;
F. "public celebration" means any state fair, county fair, community fiesta or cultural or artistic performance;
G. "wine" means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar, or any such alcoholic beverage to which is added grape brandy, fruit brandy or spirits of wine that is distilled from the particular agricultural products of which the wine is made, and other rectified wine products by whatever name that do not contain more than fifteen percent added flavoring, coloring and blending material and that contain not more than twenty-four percent alcohol by volume, and includes vermouth;
H. "wine blender" means a person authorized to operate a bonded wine cellar pursuant to a permit issued for that purpose under the internal revenue laws of the United States but who does not have facilities or equipment for the conversion of grapes, berries or other fruit into wine and does not engage in the production of wine in commercial quantities; provided that any person who produces or blends not to exceed three hundred gallons of wine per year shall not, because of such production or blending, be considered a wine blender; and
I. "winer" means a person licensed as a winegrower.
§60-6A-27. License fees.
Every application for the issuance or annual renewal of the following licenses and permits shall be accompanied by a license fee or permit fee in the following specified amounts:
A. brandy manufacturer's license, seven hundred fifty dollars ($750);
B. small brewer's license, seven hundred fifty dollars ($750);
C. wine blender's license, seven hundred fifty dollars ($750);
D. wine exporter's license, five hundred dollars ($500);
E. small brewer's public celebrations permit, ten dollars ($10.00) for each public celebration;
F. small brewer's off-premises permit, two hundred dollars ($200) for each off-premises location;
G. craft distiller's license, seven hundred fifty dollars ($750); and
H. craft distiller's off-premises permit, two hundred dollars ($200) for each off-premises location.