INSTRUCTIONS FOR WINEGROWER LIQUOR LICENSE /OFF-SITE LOCATION APPLICATION
CLICK HERE FOR APPLICATION
1. The non-refundable Application fee of $200.00, and if applicable, the $50.00 Resident Agent Fee, and $100.00 Sunday Sales Fee, must be enclosed or the application will be returned to you. Keep a copy of the complete application packet for your records.
2. Checklist, use to assist you in submitting all the required documentation; submit with application.
3. 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.
4. Pages 1, 5, & 6 must be signed and notarized.
5. 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.
6. Fingerprints <Obtain Fingerprint Packet from 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 WINEGROWER AND/OR AN OFF-SITE LOCATION, EXCEPT THOSE LISTED IN RED WHICH ARE ONLY FOR WINEGROWER:
Page 1 – Application
- Production Plan – Submit a notarized statement that affirms 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 Manufacturing Equipment, and Patio, if applicable.
- Licensing Fee – $25 up to 5,000 Gallons / $100 for 5,000 to 100,000 Gallons /$250 over 100,000 Gallons
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. Winegrower needs 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, 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 manufacturing equipment /location /storage of alcohol, and Exterior /patio and fencing, if applicable.
Only if proposed premises is between 300 and 400 feet from 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 /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 for WINEGROWER and OFF-SITE LOCATIONS:
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. Fee Covers both Sunday Sales by the Drink and by the Package: $100.00
Please Note: The Director may require additional information or supporting documentation to complete the application.
SOME HELPFUL APPLICABLE NEW MEXICO STATE LAWS for WINEGROWERS
60-3A-12. Partially consumed bottle of wine; licensed premises.
A. Notwithstanding any other provision of law, a dispenser, canopy licensee or restaurant licensee may permit a customer of the licensee to remove from the licensed premises one opened bottle of partially consumed wine; provided that:
(1) the customer has purchased a full-course meal and a bottle of wine and consumed a portion of the bottle of wine with the meal on the licensed premises; and
(2) the dispenser, canopy licensee or restaurant licensee or an agent or employee of the dispenser, canopy licensee or restaurant licensee attaches the customer receipt issued for the bottle of wine and reseals the bottle of partially consumed wine by reinserting a cork and sealing the bottle in a tamper-proof bag.
B. When operating a motor vehicle, the customer shall possess and transport the partially consumed bottle of wine in accordance with Section 66-8-138 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.
60-6A-21. Short title.
Sections 60-6A-21 through 60-6A-28 NMSA 1978 may be cited as the "Domestic Winery, Small Brewery and Craft Distillery Act"."
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-11. Winegrower's license.
A. A person in this state who produces wine is exempt from the procurement of any other license pursuant to the terms of the Liquor Control Act, but not from the procurement of a winegrower's license. Except during periods of shortage or reduced availability, at least fifty percent of a winegrower's overall annual production of wine shall be produced from grapes or other agricultural products grown in this state pursuant to rules adopted by the director; provided, however, that, for purposes of determining annual production and compliance with the fifty percent New Mexico grown provision of this subsection, the calculation of a winegrower's overall annual production of wine shall not include the winegrower's production of wine for out-of-state wine producer license holders.
B. A person issued a winegrower's license pursuant to this section may do any of the following:
(1) manufacture or produce wine, including blending, mixing, flavoring, coloring, bottling and labeling, whether the wine is manufactured or produced for a winegrower or an out-of-state wine producer holding a permit issued pursuant to the Federal Alcohol Administration Act and a valid license in a state that authorizes the wine producer to manufacture, produce, store or sell wine;
(2) store, transport, import or export wines;
(3) sell wines to a holder of a New Mexico winegrower's, wine wholesaler's, wholesaler's or wine exporter's license or to a winegrower's agent;
(4) transport not more than two hundred cases of wine in a calendar year to another location within New Mexico by common carrier;
(5) deal in warehouse receipts for wine;
(6) sell wines in other states or foreign jurisdictions to the holders of a license issued under the authority of that state or foreign jurisdiction authorizing the purchase of wine;
(7) buy wine or distilled wine products from other persons, including licensees and permittees under the Liquor Control Act, for use in blending, mixing or bottling of wines;
(8) buy or otherwise obtain beer from a small brewer for the purposes described in this subsection;
(9) conduct wine tastings and sell, by the glass or by the bottle, or sell in unbroken packages for consumption off the premises, but not for resale, wine of the winegrower's own production, wine produced by another New Mexico winegrower on the winegrower's premises or beer produced and bottled by or for a small brewer pursuant to Section 60-2A-26.1 [60-6A-26.1] NMSA 1978;
(10) at no more than three off-premises locations, conduct wine tastings, sell by the glass and sell in unbroken packages for consumption off premises, but not for resale, wine of the winegrower's own production, wine produced by another New Mexico winegrower or beer produced and bottled by or for a small brewer pursuant to Section 60-6A-26.1 NMSA 1978 after the director has determined that the off-premises locations meet the requirements of the Liquor Control Act and the department rules for new liquor license locations;
(11) be deemed a manufacturer for purposes of the Gross Receipts and Compensating Tax Act [Chapter 7, Article 9 NMSA 1978];
(12) at public celebrations on or off the winegrower's premises, after the winegrower has paid the applicable fees and been issued the appropriate permit, to conduct wine tastings, sell by the glass or the bottle, or sell in unbroken packages, for consumption off premises, but not for resale, wine produced by or for the winegrower;
(13) sell wine or cider in a growler for consumption off premises; and
(14) in accordance with the provisions of this section that relate to the sale of wine, accept and fulfill an order for wine that is placed via an internet web site, whether the financial transaction related to the order is administered by the licensee or the licensee's agent.
C. Sales of wine or beer as provided for in this section shall be permitted between the hours of 7:00 a.m. and midnight Monday through Saturday, and the holder of a winegrower's license or public celebration permit may conduct wine tastings and sell, by the glass or bottle, or sell in unbroken packages for consumption off premises, but not for resale, wine of the winegrower's own production or beer produced and bottled by or for a small brewer pursuant to Section 60-6A-26.1 NMSA 1978 on the winegrower's premises between the hours of 12:00 noon and midnight on Sunday.
D. At public celebrations off the winegrower's premises in any local option district permitting the sale of alcoholic beverages, the holder of a winegrower's license shall pay ten dollars ($10.00) to the alcohol and gaming division of the regulation and licensing department for a "winegrower'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 winegrower's license a public celebration permit for a location at the public celebration that is to be shared with other winegrowers and small brewers. 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 activities held on an intermittent basis.
E. Every application for the issuance or annual renewal of a winegrower's license shall be on a form prescribed by the director and accompanied by a license fee to be computed as follows on the basis of total annual wine produced or blended:
(1) less than five thousand gallons per year, twenty-five dollars ($25.00) per year;
(2) between five thousand and one hundred thousand gallons per year, one hundred dollars ($100) per year; and
(3) over one hundred thousand gallons per year, two hundred fifty dollars ($250) per year.
60-6A-11.1. Direct wine shipment permit; authorization; restrictions.
A. A licensee with a winegrower's license or a person licensed in a state other than New Mexico that holds a winery license may apply to the director for and the director may issue to the applicant a direct wine shipment permit. An application for a direct wine shipment permit shall include:
(1) contact information for the applicant in a form required by the department;
(2) an annual application fee of fifty dollars ($50.00) if the applicant does not hold a winegrower's license;
(3) the number of the applicant's winegrower's license if the applicant is located in New Mexico or a copy of the applicant's winery license if the applicant is located in a state other than New Mexico; and
(4) any other information or documents required by the director. Upon approval of an applicant for a permit, the director shall forward to the taxation and revenue department the name of each permittee and the contact information for the permittee.
B. A direct wine shipment permit shall be valid for a permit year. A permittee shall renew a direct wine shipment permit annually as required by the department to continue making direct shipments of wine to New Mexico residents.
C. A permittee may ship:
(1) not more than two nine-liter cases of wine monthly to a New Mexico resident who is twenty-one years of age or older for the recipient's personal consumption or use, but not for resale; and
(2) wine directly to a New Mexico resident only in containers that are conspicuously labeled with the words: "CONTAINS ALCOHOL SIGNATURE OF PERSON 21 YEARS OR OLDER REQUIRED FOR DELIVERY".
D. A permittee shall:
(1) register with the taxation and revenue department for the payment of liquor excise tax and gross receipts taxes due on the sales of wine pursuant to the permittee's activities in New Mexico;
(2) submit to the jurisdiction of New Mexico courts to resolve legal actions that arise from the shipping by the permittee of wine into New Mexico to New Mexico residents;
(3) monthly, by the twenty-fifth day of each month following the month in which the permittee was issued a direct wine shipment permit, pay to the taxation and revenue department the liquor excise tax due and the gross receipts tax due; and
(4) submit to an audit by an agent of the taxation and revenue department of the permittee's records of the wine shipped pursuant to this section to New Mexico residents upon notice and during usual business hours.
E. As used in this section:
(1) "permit year" means the period between July 1 and June 30 of a year; and
(2) "permittee" means a person that is the holder of a direct wine shipment permit.
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.
60-6A-29. Wine wholesaler's license.
A. In any local option district, a winegrower licensed under the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a license as a wine wholesaler of wines produced by or for New Mexico winegrowers.
B. No wine wholesaler shall sell, offer for sale or ship wine not received at and shipped from the premises specified in the wine wholesaler's license.
C. No wine wholesaler shall sell or offer for sale wine to any person other than the holder of a New Mexico wine wholesaler's, wholesaler's, retailer's, dispenser's, canopy, restaurant or club license or a governmental licensee or its lessee.
D. Nothing contained in this section shall prevent the sale, transportation or shipment of wine by a wine wholesaler to any person outside the state when shipped under permit from the department. History: Laws 1988, ch. 60, § 1; 1998, ch. 109, § 6.
60-6A-30. Posting of warnings.
Any licensee holding a license pursuant to Sections 60-6A-2 through 60-6A-5 NMSA 1978 or Section 60-6B-16 NMSA 1978 shall post in a conspicuous place a sign in both English and Spanish that reads as follows:
"Warning: Drinking alcoholic beverages during pregnancy can cause birth defects."
The director shall prescribe the form of such warning and shall make warning signs available to all such license holders.
60-6A-33. Tasting permit; fees.
A. The director is authorized to issue a tasting permit to a licensed dispenser, retailer, resident manufacturer, nonresident manufacturer, wholesaler or winegrower or an agent of any such licensed entity to conduct tastings of wine, beer, cider or spirituous liquor on a licensed premises in accordance with rules promulgated by the director to protect public health and safety. A person serving wine, beer, cider or spirituous liquor at a tasting event permitted pursuant to this section shall have a server permit.
B. To apply for a tasting permit, the holder of a license described in Subsection A of this section shall submit to the department a tasting permit fee of one hundred dollars ($100) and such information as the director may require. A tasting permit shall be valid for one year from the date that it is issued and may be renewed upon application to the department and payment of the tasting permit fee of one hundred dollars ($100). A person permitted to hold tastings pursuant to this section shall notify the director no less than forty-eight hours before a tasting event of the person's intent to hold the event. Notification shall include the times and locations of, and the types of products to be included in, the tasting event. Upon receipt of notification, the director shall forward the notice to the appropriate staff member of the special investigations division [New Mexico state police division] of the department of public safety.
C. The director may impose the following administrative penalties on a person who holds a tasting permit for violations of the Liquor Control Act that occur during tastings conducted pursuant to the person's tasting permit:
(1) for a first violation, a fine no greater than one thousand dollars ($1,000) or a restriction on issuance of tasting permits to the person for a period of two months, or both;
(2) for a second violation within a year of the first violation, a fine no greater than two thousand dollars ($2,000) or a restriction on issuance of tasting permits to the person for a period of six months, or both; and
(3) for a third violation within a year of the first violation, a citation against the license held by the person, a fine no greater than five thousand dollars ($5,000) and a restriction on issuance of tasting permits to the person for a period of one year. History: Laws 2013, ch. 148, § 1; 2015, ch. 77, § 1.
60-6A-35. Small brewer and winegrower limited wholesaler’s license.
In any local option district, a small brewer or a winegrower that is licensed pursuant to the Domestic Winery, Small Brewery and Craft Distillery Act and that also holds a restaurant license or a dispenser's license may apply for and be issued a small brewer and winegrower limited wholesaler's license. A small brewer that holds a small brewer and winegrower limited wholesaler's license shall only sell, offer for sale or ship beer manufactured by the small brewer. A winegrower that holds a small brewer and winegrower limited wholesaler's license shall only sell, offer for sale or ship wine manufactured by the winegrower.
60-6B-20. Licensed production facilities; alternating proprietorship.
With the approval of the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and subject to the provisions of the Liquor Control Act, an alternating proprietorship may be established so that the manufacturing facilities and equipment of a person who holds:
A. a craft distiller's license may be used by another person who holds a craft distiller's license to manufacture or produce spiritous liquors;
B. a winegrower's license may be used by another person who holds a winegrower's license to manufacture or produce wine; and
C. a small brewer's license may be used by another person who holds a small brewer's license to manufacture or produce beer. History: Laws 2015, ch. 102, § 7.
60-7A-4.2. Record of sales; administrative penalties.
A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] 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. The record shall contain the following information:
(1) the date of the sale;
(2) the name and address of the purchaser;
(3) a description of the quantity and type of liquor sold; and
(4) when a full case of distilled spirits is included in the sale, the serial number of the case.
B. Any person who violates the provisions of Subsection A of this section by failing to maintain a record of sales may be assessed an administrative penalty by the director not to exceed one thousand dollars ($1,000).
C. Any person who violates the provisions of Subsection A of this section by failing to maintain, with the intent to defraud, a record of sales may be assessed an administrative penalty by the director not to exceed ten thousand dollars ($10,000). History: 1978 Comp., § 60-7A-4.2, enacted by Laws 1993, ch. 68, § 16.
60-7A-12. Offenses by dispensers, canopy licensees, restaurant licensees, governmental licensees or their lessees and clubs.
It is a violation of the Liquor Control Act for any dispenser, canopy licensee, restaurant licensee, governmental licensee or its lessee or club to:
A. receive any alcoholic beverages for the purpose or with the intent of reselling the alcoholic beverages from any person unless the person is duly licensed to sell alcoholic beverages to dispensers for resale;
B. sell; possess for the purpose of sale; or bottle bulk wine for sale other than by the drink for immediate consumption on its licensed premises;
C. directly, indirectly or through subterfuge, own, operate or control any interest in a wholesale liquor establishment or liquor manufacturing or wine bottling firm; provided that this section shall not prevent:
(1) a dispenser from owning an interest in a legal entity, directly or indirectly or through an affiliate, that wholesales alcoholic beverages and that operates or controls an interest in an establishment operating pursuant to the provisions of Subsection B of Section 60-7A-10 NMSA 1978; or
(2) a small brewer or winegrower licensed pursuant to the Domestic Winery, Small Brewery and Craft Distillery Act from holding an interest in a legal entity, directly or indirectly or through an affiliate, that holds a restaurant or a dispenser's license and a small brewer and winegrower limited wholesaler's license issued pursuant to the Liquor Control Act;
D. sell or possess for the purpose of sale any alcoholic beverages at any location or place except its licensed premises or the location permitted pursuant to the provisions of Section 60-6A-12 NMSA 1978;
E. employ or engage a person to sell, serve or dispense alcoholic beverages if the person has not received alcohol server training within thirty days of employment; or
F. employ or engage a person to sell, serve or dispense alcoholic beverages during a period when the server permit of that person is suspended or revoked.
NM Title 15 Gambling and Liquor Control
Chapter 10 Alcoholic Beverages General Provisions, and Chapter 11 Alcoholic Beverages Licensing
184.108.40.206 LOCATION NEAR CHURCH, SCHOOL OR MILITARY INSTALLATION: All measurements for the purpose of determining the location of a licensed premises in relation to churches, schools or military installations shall be the shortest direct line measurement between the actual limits of the real property of the church, school or military installation in which there is regularly conducted church services, educational functions or military troops housed, and the licensed premises where alcoholic beverages are proposed to be sold. If the proposed licensed premises is within 400 feet of a church or school, and the applicant does not admit the proposed licensed premises is within 300 feet of a church or school, the application must be accompanied by a certified report of a registered engineer or duly licensed surveyor.
220.127.116.11 CHANGE OR EXPANSION OF LICENSED PREMISES: A licensee may not change or expand the licensed premises without the prior written approval of the director. Applications to change or expand the licensed premises shall be submitted along with the required documentation and application fee of $75. If the change or expansion of the licensed premises is twenty-five percent (25%) or more of the total existing square footage of the licensed premises, the director may require the licensee to file an application for transfer of location.
18.104.22.168 OUTDOOR LICENSED PREMISES: Licensed premises that are outdoors must have clearly defined boundaries that physically separate the licensed premises from the surrounding area.
22.214.171.124 DISPLAY OF LICENSE: The current liquor license and any resident agent’s license shall be prominently displayed within the licensed premises so that it is in full public view at all times. A copy or facsimile of the license may be displayed only for 30 days or until the original license is received by the licensee, whichever occurs first, provided that the copy or facsimile is of the original, current and duly issued license.
126.96.36.199 LIQUOR LICENSE APPLICATION: All licensees shall keep on the licensed premises, for inspection by the department, a completed copy of the latest “application for liquor license” on file with the department, and a copy of any approved premises change, approved fictitious name, or changes in structure.
A. Licensees shall display the following posters in full public view within the licensed premises. The director will prescribe the forms and sizes of the posters and will make copies available to all licensees:
(1) posters giving notice the law prohibits the carrying of any operative firearm on a licensed premises;
(2) posters warning of the dangers of drinking alcoholic beverages during pregnancy;
(3) posters identifying areas of the licensed premises in which minors are prohibited, unless accompanied by a parent, adult spouse or legal guardian; and
(4) posters warning of the dangers of, and penalties for, driving while intoxicated.
B. Licensees may, with the director’s prior approval, develop and use posters of their own design that contain the same information required in this sections. Any such posters shall be valid only if bearing the director’s stamp of approval. [7/15/99; Recompiled 12/31/01]
188.8.131.52 STATUTES AND REGULATIONS: All licensees shall keep on the licensed premises a copy of the most current versions of the Liquor Control Act, including the alcohol server education article and the regulations promulgated there under. [7/15/99; Recompiled 12/31/01]
184.108.40.206 INVOICES: All licensees shall keep on the licensed premises copies of all invoices received from all suppliers of all inventory on the licensed premises. [7/15/99; Recompiled 12/31/01]
220.127.116.11 SIGNS FOR DAYS WHEN SALES NOT PERMITTED: All licensees will clearly mark alcoholic beverage display areas with signs that prominently read “no package alcoholic beverage sales permitted on Sunday” if the licensee does not have a Sunday sales permit, or “no package alcoholic beverage sales permitted on Christmas Day” on the appropriate days.
18.104.22.168 SUNDAY SALES PERMIT:
A. Any licensee, in a local option district which has approved Sunday sales by the drink, whose license authorizes the sale of alcoholic beverages by the drink, or any winer, or winegrower who desires to make lawful Sunday sales, shall pay an annual fee of $100 and obtain a Sunday sales permit. The permit shall expire on June 30th of each year.
B. The ownership of a Sunday sales permit is not transferrable or assignable.
TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS
PART 53 SALES - WHOLESALERS
22.214.171.124 ISSUING AGENCY: New Mexico Regulation and Licensing Department, Alcohol and Gaming Division. [3/31/97; Recompiled 12/31/01]
126.96.36.199 SCOPE: These regulations apply to all licensees under the New Mexico Liquor Control Act.[3/31/97; Recompiled 12/31/01]
188.8.131.52 STATUTORY AUTHORITY: Sections 9-16-6(D) and 9-16-6(B)(2) NMSA 1978 of the Regulation and Licensing Department Act authorize the superintendent, or the superintendent's designee, to make and adopt such rules and regulations as necessary to carry out the duties of the department. Section 60-3A-7 NMSA 1978 gives the regulation and licensing department authority over all matters relating to the issuance, denial, suspension or revocation of licenses under the Liquor Control Act. [3/31/97; 7/15/99; Recompiled 12/31/01]
184.108.40.206 DURATION: Permanent [3/31/97; Recompiled 12/31/01]
220.127.116.11 EFFECTIVE DATE: March 31, 1997, unless a later date is cited at the end of a section or paragraph. Repromulgated and reformatted for New Mexico Administrative Code (NMAC) effective March 31, 1997. Certain paragraphs within this subpart [now part] remain unchanged from the following rule: AGD Regulation 7A-9, Extension of Credit by Wholesalers, filed 9/25/90. [3/31/97; Recompiled 12/31/01]
[Compiler’s note: The words or paragraph, above, are no longer applicable. Later dates are now cited only at the end of sections in the history notes appearing in brackets.]
18.104.22.168 OBJECTIVE: These regulations are intended to establish reporting, credit, and other requirements applicable to persons licensed as wholesalers under the Liquor Control Act. [3/31/97; Recompiled 12/31/01]
22.214.171.124 DEFINITIONS: Unless otherwise defined in 15 NMAC 10.1.1 [now 15.10.2 NMAC], terms used in these regulations have the same meanings as set forth in the Liquor Control Act. [3/31/97; 7/15/99; Recompiled 12/31/01]
126.96.36.199 EXTENSION OF CREDIT:
A. If any invoice for alcoholic beverages sold to any licensee remains unpaid for more than 30 days the wholesaler may not sell alcoholic beverages to that licensee except on a cash basis.
B. Cash means a cash payment, a check, or electronic funds transfer, however, if a licensee tenders a check for a sale required to be cash under this regulation and that check is dishonored, the wholesaler may not accept any further checks from that licensee for sales required to be cash under this regulation for a period of three months from the date the check is dishonored. Wholesalers who accept checks in payment for alcoholic beverages must present the checks for payment in normal course of business.
C. A wholesaler may not use a promissory note or other similar obligation from a licensee as a device to avoid the credit prohibition set forth in the Liquor Control Act and this regulation. As long as a promissory note, or other similar obligation, remains outstanding for alcoholic beverages, the licensee must pay in cash. [3/31/97; 7/15/99; 2/29/00; Recompiled 12/31/01]
188.8.131.52 DONATIONS AND DISCOUNTS OF ALCOHOLIC BEVERAGES:
A. A licensed New Mexico wholesaler may donate alcoholic beverages or sell alcoholic beverages at a discount to licensees if the purpose of the donation or discount is not to induce the licensee to purchase alcoholic beverages from that wholesaler to the exclusion of another wholesaler. The licensee may sell or serve the donated or discounted alcoholic beverages to the public, or may give the donated or discounted alcoholic beverages away, in accordance with the provisions of the Liquor Control Act and these regulations.
B. The licensee may sell or serve the donated or discounted alcoholic beverages to the public, or may serve the donated or discounted alcoholic beverages at no charge, in accordance with the provisions of the Liquor Control Act and these regulations.
C. A licensed New Mexico wholesaler may donate alcoholic beverages to a non-licensee, but the non-licensee may not sell the donated alcoholic beverages under any circumstances.
D. Any delivery of donated or discounted alcoholic beverages by a licensed New Mexico wholesaler must be accompanied by an invoice indicating the licensee's name, d/b/a name, and license number, the amount and type of alcoholic beverages delivered, the market value of the delivered alcoholic beverages, the place where the alcoholic beverages were delivered, and the date. The invoice must show a sum due of zero for donated alcoholic beverages or the discounted amount of the purchase. [7/15/99; 2/29/00; Recompiled 12/31/01]
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.