MANUFACTURER LIQUOR LICENSE for Brewer, Distiller or Rectifier, with sales to Wholesalers Only
INSTRUCTIONS FOR MANUFACTURER LIQUOR LICENSE APPLICATION CLICK FOR APPLICATION PACKET
The non-refundable application fee of $200.00, and if applicable, the $50.00 Resident Agent Fee, if applicable, must be enclosed or the application will be returned to you. Keep a copy of the complete application packet for your records.
Checklist, included in the packet to assist you in submitting all the required documentation.
Appointment of Representative – If the applicant is represented by an attorney, broker, CPA, etc., include a signed/dated letter, which authorizes the Division to disclose information and allows the appointee to speak/act on behalf of applicant.
Pages 1, 5, and 6 of the application 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, Food Establishment Permit etc., must be in the name of that entity.
Fingerprints: 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, 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:
Page 1 – 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.
- Approved Labels – Include photos of premises, which include the Manufacturing Equipment, if applicable.
- Licensing Fee – Brewer and Distiller $3,000.00, Rectifier $1,050.00, which will only be accepted at Final Review, applicant will be notified when to submit this. The Licensing Year is November 1st through October 31st of each year and Yearly Renewal is due by August 1st.
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 service 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’s Planning & Zoning Department, 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. (example: Manufacturing, Storage and sale permitted use; with or without Patio Service permitted; Manufacturing permitted use; Sale of packaged alcohol for off-premises consumption permitted use).
Detailed Floor Plan – A Floor Plan for the proposed premises, showing the entrances/exits, prep area, manufacturing area, and storage area. 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:
- which direction is North.
- Location of the main street in relation to the licensed premises.
- Label the layout of premises – must show the entrances, exits, dining and storage areas, and include photos showing a kitchen capable of preparing meals.
- 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 Dining 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).
- Label Floor Plan, include Bonded Areas and show Storage areas and Manufacturing areas.
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 & each Shareholder-holding 10% or more, applying for license must complete the Personal Data Affidavit Form. Each individual, Principal Officer, Director, Member, Manager, Partner & each Shareholder who owns a 10% interest or more must be Fingerprinted.
- 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, who has the power and authority to make decisions related to liquor sales and operations and upon whom the director may serve any notice related to the operation of the license.
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.
Please Note: The Director may require additional information or supporting documentation to complete the application.