INSTRUCTIONS FOR SMALL BREWER LIQUOR LICENSE APPLICATION
- 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, 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, 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 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:
Page 1 – Application
- On-Site Brewing Affidavit and Production Plan – Submit a notarized statement that affirms that all brewing 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 Brewers Notice – 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, if applicable.
- Licensing Fee – Small Brewer $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. (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, with 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. or,
- 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 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.
1. 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.
2. 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.
3. 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.
Record of Sales and Keg Registration Notice - Form
NMSA 1978 §60-7A-4.2 “A. It is a violation of the Liquor Control Act for any person licensed pursuant to the provisions of that act and any employee, agent or lessee of that person to fail to maintain a record of sales of distilled spirits, wine and beer in quantities of twenty gallons or more to a single purchaser.” and, §60-7B-12 Requires the registration of kegs of beer containing more than six gallons of beer at the time it is sold and any person who purchases twenty gallons of alcoholic beverage or more, or a keg of beer must read and sign the form.
Sales and Keg Registration forms are regularly inspected by agents of the New Mexico Department of Public Safety’s Special Investigations Unit. This form shall be made available to law enforcement officials upon request.
It is a violation of the Liquor Control Act, and other state laws, for any person to commit any of the following acts:
- To give or serve alcoholic beverage to any person who is obviously intoxicated.
- For a minor (any person under 21 years of age) to possess, procure or to attempt to possess or procure any alcoholic beverage.
- For any person to sell, serve or give any alcoholic beverage to a minor, or to aid or assist a minor in procuring alcoholic beverage (fourth degree felony).
- To sell, or offer for sale, or to possess with intent to resale, any alcoholic beverage without a New Mexico Liquor License issued by the New Mexico Regulation and Licensing Department’s Alcohol & Gaming Division (fourth degree felony).
- For any licensed establishment to purchase or procure alcoholic beverage from anyone other than a Licensed Wholesaler.
APPLICABLE NEW MEXICO STATE LAWS:
NMSA §60-6A-22. Definitions. 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;
NMSA 60-6A-26.1. Small brewer's license.
A. In a 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 small brewer's license.
B. A small brewer's license authorizes the person to whom it is issued to:
(1) manufacture or produce beer;
(2) package, label and export beer, whether manufactured, bottled or produced by the licensee or any other person;
(3) sell only beer that is packaged by or for the licensee to a person holding a wholesaler's license or a small brewer's license;
(4) deal in warehouse receipts for beer;
(5) conduct beer tastings and sell for consumption on or off premises, but not for resale, beer produced and bottled by, or produced and packaged for, the licensee, beer produced and bottled by or for another New Mexico small brewer on the small brewer's premises or wine produced by a winegrower pursuant to Section 60-6A-11 NMSA 1978;
(6) be deemed a manufacturer for purposes of the Gross Receipts and Compensating Tax Act;
(7) at public celebrations off the small brewer's premises, after the small brewer has paid the applicable fee for a small brewer's public celebration permit, conduct tastings and sell by the glass or in unbroken packages, but not for resale, beer produced and bottled by or for the small brewer or wine produced by a winegrower pursuant to Section 60-6A-11 NMSA 1978;
(8) buy or otherwise obtain wine from a winegrower;
(9) for the purposes described in this subsection, at no more than three other locations off the small brewer's premises, after the small brewer has paid the applicable fee for a small brewer'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 small brewer's off-premises permit for each off-premises location, conduct beer tastings and sell by the glass or in unbroken packages for consumption off the small brewer's off-premises location, but not for resale, beer produced and bottled by or for the small brewer, beer produced and bottled by or for another New Mexico small brewer or wine produced by a winegrower pursuant to Section 60-6A-11 NMSA 1978;
(10) allow members of the public, on the licensed premises and under the direct supervision of the licensee, to manufacture beer for personal consumption and not for resale using the licensee's equipment and ingredients; and
(11) sell beer in a growler for consumption off premises.
C. At public celebrations off the small brewer's premises in a local option district permitting the sale of alcoholic beverages, the holder of a small brewer's license shall pay ten dollars ($10.00) to the alcohol and gaming division of the regulation and licensing department for a "small brewer's public celebration permit" to be issued under rules adopted by the director. Upon request, the alcohol and gaming division of the regulation and licensing department may issue to a holder of a small brewer's license a public celebration permit for a location at the public celebration that is to be shared with other small brewers and winegrowers. As used in this subsection, "public celebration" includes a state or county fair, community fiesta, cultural or artistic event, sporting competition of a seasonal nature or activities held on an intermittent basis.
D. Sales and tastings of beer or wine 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 and voting-day sales found in Section 60-7A-1 NMSA 1978 and the expansion of Sunday sales hours to 2:00 a.m. on January 1, when December 31 falls on a Sunday.