Read the application instructions prior to filling out the application and thoroughly review the application packet before submitting to ABC. You must make a copy of the Application Packet for your records, as this will be necessary for your Public Hearing with the Local Option District. Please note that all deposited fees are non-refundable.
The application process beginning to end should take approximately 120 – 150 days. Once your application has been received by the Alcoholic Beverage Control it is assigned to a Hearing Officer and thoroughly reviewed. We believe that actively working with applicants offers the best opportunity to achieve our goal. The following lists the progressive steps of the ABC application process:
- Preliminary review of application – upon thorough review of your application, if there is anything lacking, you will receive a Notice of Deficiencies, that explains what must be provided to complete your application. Appointed Representative – If the applicant has submitted authorization with their application that they are represented by an attorney, broker, CPA, etc., your Representative will be contacted on your behalf.
- Posting Request sent to Department of Public Safety, done by Special Investigations Unit; The assigned Agent will contact you directly to post the Certificate, which must remain posted for 20 consecutive days.
- Notice of Preliminary Hearing – must be held within 30 days of receipt of your application. Your assigned Hearing Officer will send a Notice of Hearing that will include the date and time of your preliminary hearing. The hearing will be conducted in person or telephonically.
- Notice of Publication – The Applicant is required to publish notice of the hearing, at least 72 hours in advance of your hearing, in a local newspaper of general circulation. Failure to publish notice of the hearing and to provide proof of publication within 48 hours of your hearing date will result in the cancellation and rescheduling of your preliminary hearing. Applicant is instructed to publish the Notice provided in the legal section for one day.
- Notice of Deficiencies – lists the items necessary to correct or complete your application. The listed items should be provided as soon as possible. Failure to do so will delay your application.
- At Preliminary Hearing – This is a public hearing to read the application into the record. After your hearing, any remaining items should be completed and submitted within 10 days to avoid any delays.
- Issuance of Hearing Officers Recommendations – After the closing date of Posting, and review by the Legal department, you may be contacted to make corrections or to submit additional documentation. Once all primary documents are received, the Hearing Officer will prepare recommendations and submit the application to the Director for preliminary approval.
- Review of Recommendations by Director for Preliminary Approval – Once the Director has reviewed the application and the Recommendations, your application moves to the local governing body.
- Application forwarded to Local Option District – The local governing body is required to publish notice and to conduct a public hearing within 45 days of receipt.
- Decision by Local Option District – After your hearing the governing body has 30 days to provide ABC with their approval or denial.
- Notice to Applicant of Final Deficiencies – Your hearing officer will contact you about any final documentations or fees needed in order to issue the liquor license.
- Final Approval by Director – once your application is complete the Director reviews all documents. Once approved, the License is issued and you will receive a packet that includes your Liquor License and all required documents.
Hours for Sale / Service of Alcohol
Effective July 1, 2021, restrictions lifted for Christmas Day and Sunday Sales. No longer require Sunday Sales Application, Stamp or Fee.
Package Sales, the hours of service are 7:00am until Midnight.
On-Premises Licensees, the hours of service are 7:00am to 2:00am.
Restaurant Licensee hours are from 7:00am until 11:00pm or when food service stops, whichever is earlier.
This will apply to the entire state, except for Local Option Districts in McKinley County which are allowed to enact ordinances restricting sales between 7am and 10am for package sales.
Restaurant License Requirements
If applying for a Restaurant license the business MUST meet the requirements of the Liquor Control Act. A license cannot be issued to an establishment serving only soups, salads, sandwiches and other fast foods. Note the following requirements:
- A menu must submitted showing hours and days of operation.
- Only a full service restaurant whose primary function is the sale, and service of food will qualify for this type of license.
- Must have a commercial kitchen and the employees necessary for preparing, cooking and serving food.
- Pictures of your establishment are required including the kitchen, prep, dining, alcohol storage and patio areas.
- To qualify for Renewal of a Restaurant License, at least 60% of the gross receipts must come from the sale of food and no more than 40% may come from the sale of alcohol.
- A Restaurant A License is non-transferrable from person to person or from location to location.
- A Restaurant B license is nontransferable form person to person but may transfer from location to location within the same local option district.
Effective July 1, 2021, New Mexico State Statute allows for the addition of sales and service of spirituous liquor under the Restaurant License, here are the new types:
- Restaurant A, for beer and wine only
- Restaurant A+ New Mexico Produced Spirits only Permit
- Restaurant B, includes beer, wine and any spirit
Also enacted is the ability to sell and deliver alcoholic beverages with a minimum $10.00 order of food. A Current Restaurant Licensee will need to obtain an Alcohol Beverage Delivery Permit. Requirements:
- Purchase must be made at the Establishment and delivery must be made within the normal, authorized business hours.
- To be delivered by an employee, 21 years of ages or older, that holds a current Server Permit and valid Driver’s License.
- A Third-Party Delivery Service may also be used.