ALCOHOLIC BEVERAGE CONTROL
DIVISION
PO Box 25101 - 2550 Cerrillos Road
Santa Fe, NM 87504-5101
Phone: (505) 476-4875 Fax: (505) 476-4595
New Website: rld.nm.gov/abc
LIQUOR CONTROL ACT
RULES AND REGULATIONS
NOTE:
All Licensees must keep a copy or have access to the Rules and
Regulations,
including all amendments, at all times
.
Name Change 7/1/2019
Effective: 9/28/2021, Revised & issued 11/9/2021
NEW MEXICO REGULATION AND LICENSING DEPARTMENT
A
LCOHOLIC BEVERAGE CONTROL DIVISION |RULES AND REGULATIONS
N
EW MEXICO ADMINISTRATIVE CODE –NMAC
T
ITLE 15 – GAMBLING AND LIQUOR CONTROL
T
ABLE OF CONTENTS
NMAC SECTION |TITLE |PAGE
INDEX BY SUBJECT ii – ix
INDEX |REFERENCE GUIDE FOR CITATIONS /PENALTY ASSESSMENTS x – xi
CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS
15.10.1 General Provisions [RESERVED]
15.10.2 Definitions, Revised 4/25/2017; 9/28/2021 1
15.10.3–30 [RESERVED] Parts 3 – 30
15.10.31 Premises – General Requirements; Revised 9/28/2021 6
15.10.32 Premises – Location and Description of Licensed Premises, Revised 4/25/17; 7
Revised 9/28/2021
15.10.33 Premises – Minors On Licensed Premises, Revised 4/25/17; 9/28/2021 10
15.10.34–50 [RESERVED] Parts 34 – 50
15.10.51 Sales – Restrictions on Sales, Revised 4/25/17; 9/28/2021 13
15.10.52 Segregated Alcohol Sales, Revised 4/25/17; 9/28/2021 17
15.10.53 Sales – Wholesalers, Revised 4/25/17; 9/28/2021 19
15.10.54 Sales – Clubs, Revised 4/25/17; 9/28/2021 21
15.10.55 Internet Sales, Revised 4/25/17; 5/16/17; 9/28/2021 23
15.10.56–60 [RESERVED] Parts 56 – 60
15.10.61 Citations – Fines and Penalties, Revised 4/25/17; 5/30/17; 9/28/2021 25
15.10.62–69 [RESERVED] Parts 62 – 69
15.10.70 Operation and Profiting by Authorized Persons and Alternating 30
Proprietorships, Revised 4/25/17; 9/28/2021
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
15.11.1 General Provisions [RESERVED]
15.11.2 Required Documents on Licensed Premises, Revised 4/25/17; 9/28/2021 33
15.11.3–19 [RESERVED] Parts 3 – 19
15.11.20 Licenses and Permits – Alcoholic Beverage Delivery *New section 36
15.11.21 Licenses and Permits – Applications, Revised 4/25/17; 5/30/17; 9/28/2021 39
15.11.22 Licenses and Permits – Renewal and Suspension, Revised 4/25/17; 5/16/17 44
15.11.23 Licenses and Permits – Change in Licensee, Revised 4/25/17; 9/28/2021 47
15.11.24 Licenses and Permits – Restaurant License, Revised 4/25, 5/30/17; 9/28/2021 50
15.11.25 Licenses and Permits – Special Dispenser and Public Celebration Permits, 52
Revised 4/25/17; 9/28/2021
15.11.26 Licenses and Permits – Fees, Revised 4/25/17; 9/28/2021 56
15.11.27 Licenses and Permits – Inter-Local Option District Transfers, Revised 4/25/17; 9/28/2021 59
15.11.28 Licenses and Permits – Bed and Breakfast License, Revised 4/25/17; 9/28/2021 61
15.11.29 Licenses and Permits – Tasting Permits, Revised 4/25/17; 9/28/2021 62
15.11.30 Purchasing Cooperatives, Revised 4/25/17; 9/28/2021 64
15.11.31 Alcohol Server Training – Certification, Revised 4/25/17; 9/28/2021 66
NMAC |Title 15 |ABC Rules |
TABLE OF CONTENTS – i
INDEX
SUBJECT| NMAC SECTION PAGE
A ADMINISTRATION OF CERTIFIED SERVER TRAINING PROGRAM |15.11.31.10 70
ADVERTISING FOR SPECIAL EVENTS |15.10.54.11 22
AFTER HOURS SALES OR SERVICE OF ALCOHOLIC BEVERAGES |15.10.51.10 13
ALCOHOL SERVER TRAINING CERTIFICATION (PERMITS) |15.11.31 66
– ADMINISTRATION OF CERTIFIED SERVER TRAINING PROGRAM |15.11.31.10 70
– DEFINITIONS |15.11.31.7 66
– PERMIT ISSUANCE, DISTRIBUTION & REPLACEMENT |15.11.31.8 66
– PROVIDER, INSTRUCTOR & PROGRAM CERTIFICATION; RENEWAL |15.11.31.9 67
– SURETY BOND: EVIDENCE OF FINANCIAL RESPONSIBILITY |15.11.31.11 70
– VIOLATION OF PROVIDER & PROGRAM REQUIREMENTS | 15.11.31.12 71
ALCOHOL SERVICE BY EMPLOYEES ONLY |15.10.51.13 15
ALCOHOLIC BEVERAGE DELIVERY PERMIT |15.11.20.8 36
ALTERNATING PROPRIETORSHIP |15.10.70.10 31
AMENDMENTS |15.11.27.12 60
ANNUAL FEES |15.11.26.8 56
ANNUAL TASTING PERMIT |15.11.26.11 58
APPLICATION FOR ALL RESTAURANT LICENSE TYPES |15.11.24.9 50
APPLICATION PROCESSING |15.11.27.11 60
– GROUNDS FOR DENIAL OF LICENSE |15.11.21.15 42
– LICENSED PREMISES |15.11.21.12 41
– LOCATION NEAR CHURCH, SCHOOL |15.10.32.8 7
APPLICATION REQUIREMENTS -ANNUAL |15.11.29.9 62
APPLICATIONS:
– DISCLOSURE OF OWNERSHIP |15.11.21.10 40
– FINGERPRINTS |15.11.21.11 40
– GROUNDS FOR DENIAL OF LICENSE |15.11.21.15 42
– LEASES OF LIQUOR LICENSES |15.11.21.13 42
– LICENSE APPLICATION |15.11.21.8 39
– LICENSED PREMISES |15.11.21.12 41
– RESIDENT AGENT DESIGNATION |15.11.21.9 39
– COMPLIANCE WITH FEDERAL LAW |15.11.21.14 42
B BANKRUPTCY –TRANSFER OR CHANGE OF OWNERSHIP |15.11.23.12 49
BED AND BREAKFAST APPLICATION REQUIREMENTS |15.11.28.9 61
BED AND BREAKFAST LICENSE |15.11.28.8 61
BOTTLE SERVICE |15.10.51.11B 14
BYOB EXCEPTION: PRIVATE PARTIES ON LICENSED PREMISES |15.10.51.12 14
C CHANGE OF OWNERSHIP |15.11.23.8 47
CHANGE OF DBA -BUSINESS NAME CHANGE |15.11.23.11 48
CHANGE IN LICENSEE:
– CHANGE OF OWNERSHIP |15.11.23.8 47
– CHANGE OR EXPANSION OF PREMISES |15.10.32.12 8
– CORPORATION NAME CHANGE; BUSINESS NAME CHANGE |15.11.23.11 48
– DISCLOSURE OF OWNERSHIP |15.11.21.10 40
– INTER-LOCAL OPTION DISTRICT TRANSFERS |15.11.27 59
– OPERATION AND PROFITING BY AUTHORIZED PERSONS |15.10.70.8 30
NMAC |Title 15 |ABC Rules |INDEX – ii
INDEX - continued
SUBJECT| NMAC SECTION PAGE
– PROHIBITED CHANGES IN OWNERSHIP OR STRUCTURE |15.11.23.10 48
– REPORTABLE CHANGE IN STRUCTURE |15.11.23.9 48
– SERVER REPORTS |15.11.23.13 49
– TRANSFER OR CHANGE OF OWNERSHIP UPON DEATH, FORECLOSURE
OR BANKRUPTCY |15.11.23.12 49
CHANGE IN OFFICERS |15.10.54.12 22
CHANGE OR EXPANSION OF LICENSED PREMISE |15.10.32.12 8
CIDER – ADDRESSED UNDER WINEGROWER LICENSE §60-6A-11 B.1
NMSA
CITATIONS – FINES AND PENALTIES |15.10.61 25
– COMPROMISE |15.10.61.11 29
– DEFENSE TO SALE TO A MINOR |15.10.33.11 11
– ENHANCEMENT OF SCHEDULED PENALTIES |15.10.61.9 29
CHURCH –NEAR LOCATION (WITHIN 300 FEET) |15.10.32.8 7
CLUBS |15.10.54 21
– ADVERTISING FOR SPECIAL EVENTS |15.10.54.11 22
– CHANGE IN OFFICERS |15.10.54.12 22
– FUND-RAISING EVENTS |15.10.54.10 21
– GAMBLING ON LICENSED PREMISES |15.10.51.14 15
– GAMES OF CHANCE |15.10.54.9 21
– LICENSE RENEWAL REQUIREMENT (ANNUALLY) |15.10.54.13 22
– SALES LIMITED TO MEMBERS AND GUESTS |15.10.54.8 21
COMMERCIAL COERCION AND BRIBERY |15.10.53.10 20
COMPLIANCE WITH FEDERAL LAW |15.11.21.14 42
COMPROMISE |15.10.61.11 29
CONTROLLED ACCESS AREAS |15.10.32.10 7
COOPERATIVE AGREEMENT REGISTRATION |15.11.30.8 64
CORPORATE ENTITIES PERMITTED |15.11.30.9 65
CORPORATION NAME CHANGE; BUSINESS NAME CHANGE |15.11.23.11 48
CREDIT – PAY, EXCHANGE, REFUND |15.10.53.8 19
CURBSIDE DELIVERY PROHIBITED |15.10.51.16 15
D DBA/BUSINESS NAME CHANGE |15.11.23.11 48
DEATH –TRANSFER OR CHANGE OF OWNERSHIP |15.11.23.12 49
DEFENSE TO SALE TO A MINOR |15.10.33.11 11
DEFINITIONS |15.10.2.7 1
DELIVERY:
– ALCOHOLIC BEVERAGE DELIVERY PERMIT |15.11.20.8 36
– MINORS PROHIBITED |15.10.33.12 11
– REQUIRED DOCUMENTS |15.11.2.15 34
– RESTAURANT LICENSES RESTRICTIONS & REQUIREMENTS |15.11.20.10 37
– RESTRICTIONS AND REQUIREMENTS FOR RESTAURANT LICENSES |15.11.20.10 37
– RESTRICTIONS AND REQUIREMENTS IN CLASS A COUNTIES |15.11.20.9 37
– SALES OF ALCOHOLIC BEVERAGES TO MOTOR VEHICLES
(CURBSIDE AND DRIVE-UP) PROHIBITED |15.10.51.16 15
– THIRD PARTY ALCOHOL DELIVERY LICENSE |15.11.20.11 37
– THIRD PARTY, INTERNET SALES |15.10.55.8 23
– USE OF INTERNET WEBSITE & APPLICATION BASED PLATFORMS
FOR DELIVERY SALES |15.10.55.9 23
NMAC |Title 15 |ABC Rules |INDEX – iii
INDEX - continued
SUBJECT| NMAC SECTION PAGE
DELIVERY RESTRICTIONS & REQUIREMENTS IN CLASS A COUNTIES |15.11.20.9 37
DELIVERY RESTRICTIONS & REQUIREMENTS FOR RESTAURANT LICENSES |15.11.20.10 37
DENIAL OF LICENSE |15.11.21.15 42
DISCLOSURE OF OWNERSHIP |15.11.23.8 40
DISPLAY OF LICENSE |15.11.2.8 33
DIVISION RECORDS |15.12.30.10 65
DONATIONS AND DISCOUNTS OF ALCOHOLIC BEVERAGES |15.10.53.9 19
DRINK SPECIALS |15.10.51.11B 14
DRIVE UP WINDOW SALES PROHIBITED |15.10.51.16 15
E EMPLOYMENT BY MULTIPLE LICENSEES |15.10.70.9 31
EMPLOYMENT OF MINORS |15.10.33.9 10
ENHANCEMENT OF SCHEDULED PENALTIES |15.10.61.9 29
ENHANCEMENT OF SCHEDULED PENALTIES FOR VIOLATIONS INVOLVING
THE USE OF ALTERNATIVE FORMS OF ALCOHOL |15.10.61.10 29
EVENT PERMITS AKA “PICNIC LICENSE”:
– COMPLIANCE WITH DOCUMENTS REQUIRED ON PREMISES |15.11.25.11 54
– PRIVATE CELEBRATION |15.11.25.9 53
– PUBLIC CELEBRATION |15.11.25.10 53
– SPECIAL DISPENSER |15.11.25.8 52
– TASTING PERMIT |15.11.29 62
EVENT PERMITS: FEES PER EVENT |15.11.26.10 57
F FEES:
– ANNUAL FEES |15.11.26.8 56
– MISCELLANEOUS FEE SCHEDULE |15.11.26.9 57
– EVENT PERMITS: FEES PER EVENT |15.11.26.10 57
– ANNUAL TASTING PERMIT |15.11.26.11 58
– PRORATION OF FEES |15.11.26.12 58
FINES AND PENALTIES:
– COMPROMISE |15.10.61.11 29
– ENHANCEMENT OF SCHEDULED PENALTIES |15.10.61.9 29
– ENHANCEMENT OF SCHEDULED PENALTIES FOR VIOLATIONS INVOLVING
THE USE OF ALTERNATIVE FORMS OF ALCOHOL |15.10.61.10 29
– FINES AND PENALTIES |15.10.61.8 25
– SCHEDULE OF PENALTIES |15.10.61.8 25
FILING PERIOD |15.11.27.9 59
FINGERPRINTS |15.11.21.11 40
FLIGHTS OF BEER, WINE AND SPIRITS |15.10.51.11C 14
FLOOR PLANS:
– CHANGE OR EXPANSION OF LICENSED PREMISE |15.10.32.12 8
– FLOOR PLAN, APPROVED COPY REQUIRED |15.11.2.10 33
– OUTDOOR CONTROLLED ACCESS AREA /PATIO |15.10.32.14 8
FORECLOSURE –TRANSFER OR CHANGE OF OWNERSHIP |15.11.23.12 49
FREE DRINKS; WITH MEAL PACKAGE, COUPONS, GOOD WILL |15.10.51.11D 14
FUND-RAISING EVENTS (CLUB LICENSE HOLDERS) |15.10.54.10 21
NMAC |Title 15 |ABC Rules |INDEX – iv
INDEX - continued
SUBJECT| NMAC SECTION PAGE
G GAMES OF CHANCE |15.10.54.9 21
GAMES OR CONTESTS |15.10.51.11B 14
GAMBLING ON LICENSED PREMISES |15.10.51.14 15
GENERAL APPLICATION REQUIREMENTS |15.11.27.8 59
GENERAL REQUIREMENTS |15.10.31 6
– LIGHTING OF LICENSED PREMISES |15.10.31.8 6
– SANITATION REQUIREMENTS |15.10.31.9 6
GROUNDS FOR DENIAL OF LICENSE |15.11.21.15 42
GROWLERS –DEFINITION |15.10.2.7T 2
GROWLERS –OPEN CONTAINER RESTRICTION |15.10.51.9E 13
H HARD CIDER |ADDRESSED UNDER WINEGROWER LICENSE §60-6A-11 B.1
NMSA
HOWLERS – DEFINITION |15.10.2.7U 2
HOWLERS – OPEN CONTAINER RESTRICTION |15.10.51.9E 13
I INTER-LOCAL OPTION DISTRICT TRANSFERS |15.11.27 59
– GENERAL APPLICATION REQUIREMENTS |15.11.27.8 59
– FILING PERIOD |15.11.27.9 59
– PRIORITY |15.11.27.10 59
– APPLICATION PROCESSING |15.11.27.11 60
– AMENDMENTS |15.11.27.12 60
– PROHIBITED TRANSFERS |15.11.27.13 60
INTERNET SALES |15.10.55 23
– THIRD-PARTY, INTERNET SALES |15.10.55.8 23
– USE OF INTERNET WEBSITE & APPLICATION BASED PLATFORMS
FOR DELIVERY SALES |15.10.55.9 23
INVOICES |15.11.2.12 34
– PAYMENT, REFUND, AND EXCHANGE |15.10.53.8 19
J –
K KEGS |15.10.52.8A 17
KOMBUCHA |ADDRESSED UNDER SMALL BREWER LICENSE §60-6A-26.1 B.5
NMSA
L LARGE PREMISES LICENSEES |15.10.52.8 17
LATE RENEWAL OF LICENSE |15.11.22.9 45
LEASES OF LIQUOR LICENSES |15.11.21.13 42
LICENSE APPLICATION |15.11.21.8 39
LICENSED PREMISES |15.11.21.12 41
LICENSED PREMISES AND CONTROLLED ACCESS AREAS |15.10.32.10 7
LICENSES:
– APPLICATION |15.11.21 39
– APPLICATION PROCESSING |15.11.27.11 60
– CHANGE IN LICENSEE |15.11.23 47
– CHANGE OF OWNERSHIP |15.11.23.8 47
– CHANGE IN STRUCTURE |15.11.23.9 48
– CHANGE OR EXPANSION OF PREMISES|15.10.32.12 8
– CORPORATION NAME CHANGE; BUSINESS NAME CHANGE |15.11.23.11 48
– DISCLOSURE OF OWNERSHIP |15.11.21.10 40
– FEES |15.11.26 56
– INTER-LOCAL OPTION DISTRICT TRANSFERS |15.11.27 59
NMAC |Title 15 |ABC Rules |INDEX – v
INDEX - continued
SUBJECT| NMAC SECTION PAGE
– OPERATION AND PROFITING BY AUTHORIZED PERSONS |15.10.70.8 30
– OUTDOOR AREA /PATIO |15.10.32.14 8
– PROHIBITED CHANGES IN OWNERSHIP OR STRUCTURE |15.11.23.10 48
– RENEWAL AND SUSPENSION |15.11.22 44
– RESTAURANT LICENSE |15.11.24 50
– TRANSFER |15.11.23.12 49
LICENSE RENEWAL REQUIREMENT (ANNUALLY) |15.10.54.13 22
LICENSING AND PERMITS – FEES |15.11.26 56
LIGHTING OF LICENSED PREMISES |15.10.31.8 6
LIMITATIONS ON RESTAURANT LICENSE TYPES |15.11.24.8 50
LOCATION NEAR CHURCH, SCHOOL OR MILITARY INSTALLATION |15.10.32.8 7
M “MINI’S” –CONTAINERS OF 3 FLUID OUNCES OR LESS |15.10.51.15A. 15
MINORS:
– DEFENSE TO SALE TO A MINOR |15.10.33.11 11
– EMPLOYMENT OF MINORS |15.10.33.9 10
– MINORS PROHIBITED FROM DELIVERY |15.10.33.12 11
– MINOR ON LICENSED PREMISES |15.10.33.8 10
– NO SALE, SERVICE, POSSESSION OR CONSUMPTION PERMITTED |15.10.33.10 11
– SERVER PERMITS: AGE 18 – 20 RESTAURANT ONLY |15.11.31.8G 67
MINOR ON LICENSED PREMISES |15.10.33.8 10
MINORS PROHIBITED FROM PARTICIPATING IN THE DELIVERY OF
ALCOHOLIC BEVERAGES |15.10.33.12 11
MISCELLANEOUS FEE SCHEDULE |15.11.26.9 57
N NO SALE, SERVICE, POSSESSION OR CONSUMPTION PERMITTED |15.10.33.10 11
NO TASTING PERMIT ON SAME PREMISES REQUIRED FOR LICENSES
ALLOWING SALES BY THE DRINK |15.11.29.10 63
O OPEN CONTAINER RESTRICTIONS |15.10.51.9 13
OPERATION AND PROFITING BY AUTHORIZED PERSONS |15.10.70.8 30
– EMPLOYMENT BY MULTIPLE LICENSEES |15.10.70.9 31
– ALTERNATING PROPRIETORSHIPS |15.10.70.10 31
OUTDOOR CONTROLLED ACCESS AREA /PATIO |15.10.32.14 8
P PAYMENT, REFUND AND EXCHANGE |15.10.53.8 19
PENALTIES:
– COMPROMISE |15.10.61.11 29
– ENHANCEMENT OF SCHEDULED PENALTIES |15.10.61.9 29
– ENHANCEMENT OF SCHEDULED PENALTIES FOR VIOLATIONS INVOLVING
THE USE OF ALTERNATIVE FORMS OF ALCOHOL |15.10.61.10 29
– FINES AND PENALTIES |15.10.61.8 25
– SCHEDULE OF PENALTIES |15.10.61.8 25
PERMITS:
– COMPLIANCE WITH DOCUMENTS REQUIRED ON PREMISES |15.11.25.11 54
– PRIVATE CELEBRATION |15.11.25.9 53
– PUBLIC CELEBRATION |15.11.25.10 53
– SPECIAL DISPENSER |15.11.25.8 52
– TASTING PERMIT |15.11.29 62
NMAC |Title 15 |ABC Rules |
INDEX – vi
INDEX - continued
SUBJECT| NMAC SECTION PAGE
POSTERS |15.11.2.9 33
PREMISES:
– AFTER HOURS SALES OR SERVICE PROHIBITED |15.10.51.10 13
– CHANGE OR EXPANSION |15.10.32.12 8
– DEFENSE TO SALE TO A MINOR |15.10.33.11 11
– EMPLOYMENT OF MINORS |15.10.33.9 10
– LARGE PREMISES LICENSEES |15.10.52.8 17
– LIGHTING OF LICENSED PREMISES |15.10.31.8 6
– LOCATION AND DESCRIPTION OF LICENSED PREMISES |15.10.32 7
– MINOR ON LICENSED PREMISES |15.10.33.8 10
– MINORS PROHIBITED FROM PARTICIPATING IN THE DELIVERY OF
ALCOHOLIC BEVERAGES |15.10.33.12 11
– NO SALE, SERVICE, POSSESSION OR CONSUMPTION PERMITTED |15.10.33.10 11
– OPEN CONTAINER RESTRICTIONS |15.10.51.9 13
– OPERATION AND PROFITING BY AUTHORIZED PERSONS |15.10.70.8 30
– OUTDOOR CONTROLLED ACCESS AREA /PATIO |15.10.32.14 8
– PRIVATE PARTIES ON LICENSED PREMISES (BYOB) |15.10.51.12 14
– REQUIRED DOCUMENTS ON LICENSED PREMISES |15.11.2 33
– SANITATION REQUIREMENTS |15.10.31.9 6
– SERVER CERTIFICATIONS (PROOF UPON REQUEST) |15.11.2.14 34
– SERVICE OF ALCOHOL BY EMPLOYEES ONLY |15.10.51.13 15
– SMALL PREMISES LICENSEES |15.10.52.9 17
– TEMPORARY SUSPENSION, IF UNUSED 10 DAYS OR MORE |15.11.22.10 45
PREMISES WHERE ALCOHOL WAS SOLD PRIOR TO 1981 |15.10.32.9 7
PRIORITY |15.11.27.10 59
PRIVATE PARTIES ON LICENSED PREMISES |15.10.51.12 14
PRODUCT PROMOTIONS, SWEEPSTAKES AND REBATES |15.10.51.11D.7 14
PROHIBITED CHANGES IN OWNERSHIP OR STRUCTURE |15.11.23.10 48
PROHIBITED PRACTICES -SALES TO INTOXICATED PERSON |15.10.51.11B 14
• GAMES OR CONTESTS
• DRINK SPECIALS
• BOTTLE SERVICE
PROHIBITED TRANSFERS |15.11.27.13 60
PRORATION OF FEES |15.11.26.12 58
PROVIDER, INSTRUCTOR & PROGRAM CERTIFICATION; RENEWAL |15.11.31.9 67
PURCHASING COOPERATIVE
– COOPERATIVE AGREEMENT REGISTRATION |15.11.30.8 64
– CORPORATE ENTITIES PERMITTED |15.11.30.9 65
– DIVISION RECORDS |15.12.30.10 65
Q –
R RENEWAL OF LICENSE |15.11.22.8 44
– LATE RENEWAL OF LICENSE |15.11.22.9 45
– VOLUNTARY SUSPENSION, IF CLOSED FOR 10 OR MORE DAYS |15.11.22.10 45
REPORTABLE CHANGE IN STRUCTURE |15.11.23.9 48
REQUIRED DOCUMENTS ON LICENSED PREMISES |15.11.2 33
– DISPLAY OF LICENSE |15.11.2.8 33
– POSTERS |15.11.2.9 33
– FLOOR PLAN |15.11.2.10 33
NMAC |Title 15 |ABC Rules |INDEX – vii
INDEX - continued
SUBJECT| NMAC SECTION PAGE
– STATUTES AND RULES |15.11.2.11 34
– INVOICES |15.11.2.12 34
– SERVER CERTIFICATIONS |15.11.2.14 34
– DOCUMENTS REQUIRED FOR DELIVERY |15.11.2.15 34
REQUIREMENT FOR RENEWAL |15.11.24.10 51
RESIDENT AGENT DESIGNATION |15.11.21.9 39
RESTAURANT LICENSE
– APPLICATION FOR ALL RESTAURANT LICENSE TYPES |15.11.24.9 50
– LIMITATIONS ON RESTAURANT LICENSE TYPES |15.11.24.8 50
– REQUIREMENT FOR RENEWAL |15.11.24.10 51
– DELIVERY RESTRICTIONS & REQUIREMENTS |15.11.20.10 37
RETURNS AND REFUNDS OF ALCOHOLIC BEVERAGES |15.10.53.8 19
S SALES – CLUB |15.10.54 21
– ADVERTISING FOR SPECIAL EVENTS |15.10.54.11 22
– CHANGE IN OFFICERS |15.10.54.12 22
– FUND-RAISING EVENTS |15.10.54.10 21
– GAMBLING ON LICENSED PREMISES |15.10.51.14 15
– GAMES OF CHANCE |15.10.54.9 21
– LICENSE RENEWAL REQUIREMENT (ANNUALLY) |15.10.54.13 22
– SALES LIMITED TO MEMBERS AND GUESTS |15.10.54.8 21
SALES – RESTRICTIONS ON SALES |15.10.51 13
– AFTER HOUR SALES OR SERVICE OF ALCOHOLIC BEVERAGES |15.10.51.10 13
– ALCOHOL SERVICE BY EMPLOYEES ONLY |15.10.51.13 15
– BYOB EXCEPTION: PRIVATE PARTIES ON LICENSED PREMISES |15.10.51.12 14
– GAMBLING ON LICENSED PREMISES |15.10.51.14 15
– OPEN CONTAINER RESTRICTIONS |15.10.51.9 13
– SALES FROM LICENSED PREMISES ONLY |15.10.51.8 13
– SALES OF ALCOHOLIC BEVERAGES TO MOTOR VEHICLES PROHIBITED |15.10.51.16 15
– SALES OF CERTAIN SPIRITOUS LIQUORS |15.10.51.15 15
– SALES TO INTOXICATED PERSON |15.10.51.11 13
SALES – WHOLESALERS |15.10.53 19
– COMMERCIAL COERCION AND BRIBERY |15.10.53.10 20
– DONATIONS AND DISCOUNTS OF ALCOHOLIC BEVERAGES |15.10.53.9 19
– PAYMENT, REFUND AND EXCHANGE |15.10.53.8 19
SALES FROM LICENSED PREMISES ONLY |15.10.51.8 13
SALES OF ALCOHOLIC BEVERAGES TO MOTOR VEHICLES PROHIBITED |15.10.51.16 15
SALES OF CERTAIN SPIRITOUS LIQUORS |15.10.51.15 15
SALES LIMITED TO MEMBERS AND GUESTS |15.10.54.8 21
SALES TO INTOXICATED PERSON |15.10.51.11 14
– PROHIBITED PRACTICES:
• GAMES OR CONTESTS
• DRINK SPECIALS
• BOTTLE SERVICE
• TWO DRINK RULE
– FLIGHTS OF BEER, WINE AND SPIRITS
– FREE DRINKS; WITH MEAL PACKAGE, COUPONS, GOOD WILL
– PRODUCT PROMOTIONS, SWEEPSTAKES, AND REBATES
NMAC |Title 15 |ABC Rules |INDEX – viii
INDEX - continued
SUBJECT| NMAC SECTION PAGE
SALES TO MOTOR VEHICLE PROHIBITED |15.10.51.16 15
SANITATION REQUIREMENTS |15.10.31.9 6
SCHEDULE OF PENALTIES |15.10.61.8 25
SCHOOL –NEAR LOCATION (WITHIN 300 FEET) |15.10.32.8 7
SEGREGATED ALCOHOL SALES
– LARGE PREMISES LICENSEES |15.10.52.8 17
– SMALL PREMISES LICENSEES |15.10.52.9 17
SERVER REPORTS |15.11.23.13 49
SERVICE BY EMPLOYEE ONLY – SELF-SERVICE PROHIBITED |15.10.51.13 15
SERVICE BY MINOR: AGE 18 – 20 RESTAURANT ONLY |15.11.31.8G 67
SERVER CERTIFICATIONS |15.11.2.14 34
SERVER PERMITS:
– CONTENT OF SERVER TRAINING PROGRAM |15.11.31.10 70
– ISSUANCE, DISTRIBUTION & REPLACEMENT |15.11.31.8 66
– PROVIDER, INSTRUCTOR & PROGRAM CERTIFICATION; RENEWAL |15.11.31.9 67
– SERVER CERTIFICATIONS |15.11.2.14 34
SMALL PREMISES LICENSEES |15.10.52.9 17
SMALL MANUFACTURER’S PRIVATE CELEBRATION PERMITS |15.11.25.9 53
SMALL MANUFACTURER’S PUBLIC CELEBRATION PERMITS |15.11.25.10 53
SPECIAL DISPENSER’S PERMIT |15.11.25.8 52
STATUTES AND RULES |15.11.2.11 34
SURETY BOND: EVIDENCE OF FINANCIAL RESPONSIBILITY |15.11.31.11 70
SUSPENSION |15.11.22.10 45
T TASTING PERMIT, GENERAL PROVISIONS |15.11.29 62
– APPLICATION REQUIREMENTS -ANNUAL |15.11.29.9 62
– NO TASTING PERMIT ON SAME PREMISES REQUIRED FOR
LICENSES ALLOWING SALES BY THE DRINK |15.11.29.10 63
THIRD PARTY ALCOHOL DELIVERY LICENSE |15.11.20.11 37
THIRD-PARTY, INTERNET SALES |15.10.55.8 23
TRANSFER OR CHANGE UPON DEATH, FORECLOSURE, OR BANKRUPTCY |15.11.23.12 49
TRANSFER PROHIBITED |15.11.27.13 60
TWO DRINK RULE -SALES TO INTOXICATED PERSON |15.10.51.11C 14
U UNFAIR TRADE PRACTICES |15.10.53.10 20
USE OF INTERNET WEBSITE & APPLICATION BASED PLATFORMS
FOR DELIVERY SALES |15.10.55.9 23
V VIOLATION OF PROVIDER AND PROGRAM REQUIREMENTS |15.11.31.12 71
VOLUNTARY SUSPENSION, IF CLOSED FOR 10 OR MORE DAYS |15.11.22.10 45
W WHOLESALERS – SALES |15.10.53 19
– COMMERCIAL COERCION AND BRIBERY |15.10.53.10 20
– DONATIONS AND DISCOUNTS OF ALCOHOLIC BEVERAGES |15.10.53.9 19
– EMBEDDED EMPLOYEES |15.10.70.9 31
– PAYMENT, REFUND AND EXCHANGE |15.10.53.8 19
X-Z –
~ For a copy of the New Mexico Administrative Code –NMAC published Rules, visit their website.
RLD |ABC Rule Book updated from NMAC published version as of 9/30/2021.
NMAC |Title 15 |ABC Rules |INDEX – ix
Quick Reference Guide for Citations/Penalty Assessments
Depending upon the facts and circumstances of each case, ALL penalties imposed for any violation
of the Code are subject to administrative fines, enhancement or suspension in whole or in part of the
fine and may also include the suspension or revocation of the liquor license.
To review Schedule of Penalties, see NMAC Title 15, Chapter 10, Part 61 Citations – Fines and Penalties.
Code
Description of Code Violated
Fine
1
Unauthorized Package Sale
from $500 to $5,000
3
Unattended Alcoholic Beverages
from $500 to $5,000
5
Advertising - Illegal
$250 to $3,000
10
Agency Responsibility /Authority
$250 to $3,000
25
Failure to Engage in Business
$250 to $3,000
26
Failure to Suspend License
$250 to $3,000
27
Purchase from Other Than a Wholesaler
from $500 to $5,000
28
Alcohol Server Training Program - Failure to Complete
from $500 to $5,000
29
Alcohol Server Training Certification - Failure to Renew
from $500 to $5,000
35
Liquor Sales to Non-Members
$500 to $5,000
36
Tasting Permit: 1
st
Offense
Up to $1,000 or suspension for
two months, or both
36
Tasting Permit: 2
nd
Offense within a year of first violation
Up to $2,000 or suspension up
to six months, or both
36
Tasting Permit: 3
rd
Offense within a year of first violation
- With citation against Master License
Up to $5,000 & One Year
Suspension of Permit
37
Other Violations of Club Sales Restrictions
$500 to $5,000
38
Credit Extension –Additional violations within one year of first
violation may result in suspension or revocation of license
$10,000 per violation
40
Commercial Gambling: 1
st
offense
$3,000
40
Commercial Gambling: 2
nd
offense
$4,000
40
Commercial Gambling: 3
rd
offense
$5,000
40
Commercial Gambling: 4
th
offense, or more
$10,000
45
Removal of Open Container from Licensed Premises
from $500 to $5,000
50
Unauthorized Display of copy /facsimile of license
$250 to $3,000
66
Violation of Restaurant License Restriction
from $500 to $5,000
80
Employing an Underage Person
from $500 to $5,000
87
Dispenser, Drink or Price Violation
from $500 to $5,000
90
Sale to Intoxicated Person
See 15.10.61.8 A. – C.
100
Improper Lighting
$250 to $3,000
105
Sale to a Minor
See 15.10.61.8 A. – C.
107
Minor in Possession /Consuming
from $500 to $5,000
110
Unaccompanied Minor in Restricted Area of Premises
from $500 to $5,000
116
Unauthorized Change of dba name
$250 to $3,000
117
More Than One Entity Profiting
$2,000 to $10,000
118
Unauthorized Entity Profiting or Operating
$1,500 to $10,000
119
Failure to Report Change of Ownership or Structure
$250 to $3,000
120
Operating Hours - Improper or Illegal
from $500 to $5,000
125
Public Nuisance – 1
st
offense
$2,000 w/plan of correction
125
Public Nuisance – 2
nd
offense within 24 month period
- Agreement within 30 days or citation will be referred to formal hearing
$4,000 w/plan of correction
125
Public Nuisance – 3
rd
offense within 36 month period
Revocation of License
125
Public Nuisance – Failure to Correct Violations
- Suspension of license until the corrections are completed
Additional $3,000 and
immediate suspension
NMAC |Title 15 |ABC Rules |INDEX – x
135
Failure to Renew License
$500 to $3,000
145
Unauthorized Sale By the Drink
from $500 to $5,000
146
Filling of Bottles
from $500 to $5,000
155
Sale From Other Than controlled access area of licensed
Premises
from $500 to $5,000
157
Change of Floor Plan Without Approval
from $500 to $5,000
160
Illegal Sale, Delivery or Possession
from $500 up to $10,000
175
Sanitation violation
$250 to $3,000
180
Special Dispenser's, Private celebration or Public celebration
Permit Violation
from $500 to $5,000
205
Unauthorized Transfer of a Liquor License
$3,000 to $10,000
215
Violation of Wholesaler License Restriction
from $500 to $5,000
300
Persons Prohibited From Holding a License
$3,000 to $10,000
301
Obstruction of the administration of the Liquor Control Act
from $500 to $5,000
302
Private Party violation
from $500 to $5,000
303
Beer Keg Labeling violation
$250 to $3,000
304
Unauthorized Change of Corporate Name
$250 to $3,000
305
Failure to Notify of Sale, Right to Own, Teach, or Use of
Program to any person
up to $500
306
Providing False Information Regarding Certified Program Completion
up to $500
307
Failure to Conduct the Program As Certified by the Division
up to $500
308
Filing an Application for certification of a provider, instructor, or
program With False Information
up to $500
310
Failure to Comply with provisions of alcohol server education
article or rules promulgated thereunder
up to $500
313
SERVER: Sale to Minor or Intoxicated Person: 1
st
offense
up to $500, a 30 day suspension or both
313
SERVER: Sale to Minor or Intoxicated Person: 2
nd
offense
up to $500, 1 year suspension, or both
313
SERVER: Sale to Minor or Intoxicated Person: 3
rd
offense
Up to $500, suspension greater than one
year or revocation
314
Required Documents on Licensed Premises*
*Per 15.11.2: Display License & Posters, Current hard or electronic
copies of: Floor Plan, Invoices, Rules, Statutes, Server List
$250 to $3,000
316
Employing a Person Without a Server Permit
up to $500
317
Failure to Maintain Copies of Server Permits on the licensed premises
$20 per permit
318
Failure to Produce a Copy of an employee's server permit
$20 per permit
319
Permitting a Person with a Suspended or Revoked Permit to
Serve alcoholic beverages
up to $500
320
Employee Drinking on Duty
from $500 to $5,000
321
Segregated Sales violation
from $500 to $5,000
323
Violation of a Bed and Breakfast rule
$250 to $3,000
999
Miscellaneous
Up to $10,000 and/or suspension or revocation of liquor license
NMAC |Title 15 |ABC Rules |
INDEX – xi
ITLE 15 GAM
BLING AND LIQUOR CONTROL
CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS
PART 2 DEFINITIONS
15.10.2.1 ISSUING AGENCY: New Mexico Regulation and Licensing Department, Alcoholic Beverage
Control Division.
[15.10.2.1 NMAC - Rp, 15 NMAC 10.1.1.1, 4/25/2017; A, 9/28/2021]
15.10.2.2 SCOPE: These rules apply to all licensees and applicants for licensure under the New Mexico
Liquor Control Act.
[15.10.2.2 NMAC - Rp, 15 NMAC 10.1.1.2, 4/25/2017]
15.10.2.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the Liquor Control Act
authorizes the director to make and adopt such rules as necessary to carry out the duties of the division.
[15.10.2.3 NMAC - Rp, 15 NMAC 10.1.1.3, 4/25/2017]
15.10.2.4 DURATION: Permanent.
[15.10.2.4 NMAC - Rp, 15 NMAC 10.1.1.4, 4/25/2017]
15.10.2.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.10.2.5 NMAC - Rp, 15 NMAC 10.1.1.5, 4/25/2017]
15.10.2.6 OBJECTIVE: This rule is intended to locate all definitions of terms used in the act, or in Title
15, Chapters 10 and 11, in one rule.
[15.10.2.6 NMAC - Rp, 15 NMAC 10.1.1.6, 4/25/2017]
15.10.2.7 DEFINITIONS: Unless otherwise defined below, terms used in Title 15, Chapter 10 and Chapter
11, have the same meanings as set forth in the Liquor Control Act.
A. “The Act” means the New Mexico Liquor Control Act, Articles 3A, 4B, 4C, 5A, 6A, 6B, 6C, 6E,
7A, 7B and 8A of Chapter 60 NMSA 1978.
B. “Affiliate of the licensee” means any of the following:
(1) A corporation is an affiliate of a licensee if:
(a) the corporation, or its officers, directors or controlling shareholders, owns a
majority of stock of a licensee that is itself a corporation; or
(b) a licensee that is itself a corporation, or its officers, directors or controlling
shareholders, if the licensee owns a majority of the corporation; or
(c) the company is owned by the same entities or individuals that own the licensee.
(2) A limited liability company is an affiliate of a licensee if:
(a) the limited liability company, or its manager or controlling members, owns a
majority of the stock of a licensee that is a corporation;
(b) a licensee that is itself a corporation, or its officers, directors or controlling
shareholders, owns the controlling membership interest in the limited liability company; or
(c) a licensee that is a corporation is the manager of the limited liability company;
or
(d) the limited liability company is owned by the exact same entities or individuals
that own the licensee.
(3) Any other entity is an affiliate if there is a demonstration of common ownership with the
entity holding the license.
C. “Alcoholic beverage display area” means that portion of a licensee’s premises in which all
alcoholic beverages on display for sale are contained.
D. “Applicant” means (a) an individual 19 years of age or older seeking a server permit under the
Alcohol Server Education Article of the Liquor Act; or (b) a person or legal entity applying for a liquor license.
E. “Approved operator” means the the following:
(1) a licensee or lessee approved by the division to operate a liquor license;
(2) the licensee’s or lessee’s officers, directors, managers, and members owning a ten percent
interest or greater in the licensee or lessee; and
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 1 of 71
(3) the
licensee’s or lessee’s principle officer or an individual appointed to act on the
principle officer’s behalf.
F. “Bartender” means a person who pours alcohol into a container, or who opens alcohol in
containers, for immediate service and consumption on the premises, except for the service of wine or beer at a
customer’s table in a restaurant.
G. “Bed and breakfast” means a business establishment that offers temporary lodging with meals
included and has a guest capacity of 20 or fewer persons.
H. “Bona fide guest” means a person whose presence in a non-profit club is in response to a specific
invitation by a member of the club and for whom the member assumes responsibility.
I. “Cider” means an alcoholic beverage made from the normal alcoholic fermentation of the juice of
sound, ripe apples or pears that contains not less than one-half of one percent alcohol by volume and not more than
eight and one-half percent of alcohol by volume.
J. “Commercial gambling” means any of the following:
(1) participating in the earnings of or operating a gambling place;
(2) receiving, recording or forwarding bets or offers to bet;
(3) possessing one or more facilities with the intent to receive, record or forward bets or
offers to bet;
(4) becoming a custodian of anything of value that was bet or offered to be bet;
(5) conducting a lottery in which either the consideration or the prize are of value;
(6) possessing one or more facilities to conduct a lottery or betting with intent to do so; or
(7) setting up for use for the purpose of gambling, or collecting the proceeds of, a gambling
device or game.
K. “Commercial gambling” does not mean the following:
(1) activities authorized pursuant to the New Mexico Lottery Act;
(2) the conduct of activities on the licensed premises of the holder of a club license that is
regulated by the New Mexico Bingo and Raffle Act at Sections 60-2B-1 to -14 NMSA 1978, or is specifically
exempted from regulation by the provisions of the New Mexico Bingo and Raffle Act; and
(3) gaming authorized pursuant to the Gaming Control Act, Sections 60-2E-1 to -62 NMSA
1978, on the premises of a gaming operator licensee licensed pursuant to that act.
L. “Controlling shareholders” means persons or entities who own fifty percent or more of the
outstanding shares of stock in a corporation.
M. “Controlled access area” means that portion of a licensed premises under the licensee’s or
lessee’s direct control where the licensee or lessee stores, sells, serves, delivers, and provides a place for patrons to
consume alcoholic beverages.
N. “Craft distiller” means a person or entity that is engaged in bona fide manufacture of spirituous
liquors, holds a valid federal license to produce spirituous liquors, and owns or controls fully operational distilling
equipment.
O. “Delivery” means the transporting of alcoholic beverages from a licensed premises to consumers,
off of a licensed premises, at or near the time of purchase, constituting a sale of alcoholic beverages. Delivery does
not include curbside pickup by consumers while seated in a motor vehicle, unless written approval has been granted
by the division.
P. “Director” means the director of the alcohol and gaming division.
Q. “Division” means the alcoholic beverage control division of the New Mexico regulation and
licensing department.
R. “Employee” means any person, whether paid or not, who works under the direction of a licensee
or lessee or a licensee’s or lessee’s designate selling or serving alcoholic beverages.
S. “Fast food establishment” means an establishment dispensing food for consumption on and off
premises that tends to have any of the following characteristics: a menu consisting solely of pre-cooked items or
items prepared in advance and heated quickly, placement of orders at a fast serve drive- through window, service of
food solely in disposable wrapping or containers, or a menu that exclusively sells hamburgers, sandwiches, salads
and other fast foods.
T. “Growler” means a clean, refillable, resealable container, including crowlers, that traditionally
has a liquid capacity of sixty-four fluid ounces, but does not exceed one gallon, and that is intended and used for the
sale of beer, wine, or cider for consumption off-premises.
U. “Howler” means a clean, refillable, resealable container, that has a liquid capacity that does not
exceed thirty-two fluid ounces, and is intended and used for the sale of cocktails containing spirituous liquor.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 2 of 71
V. “Indepe
ndent contractor” means a person who has obtained the right to own, teach or otherwise
use an approved alcohol server education program.
W. “Large premises licensee” means a retailer or a dispenser for which alcoholic beverages
constitute less than sixty percent of sales, and whose establishment contains 20,000 or more square feet of
merchandise display space.
X. “Legal entity” means a corporation, general partnership, limited partnership, limited liability
company, association or other entity, including but not limited to, entities for which registration is required with the
New Mexico office of the secretary of state, other than an individual.
Y. “Licensee” means the holder of any license or permit authorizing the sale of alcoholic beverages
issued under the provisions of the act, but does not mean the holder of a server permit.
Z. “Manufacture” means the process of a licensee using the licensee’s own equipment on the
licensed premises to do one of the following:
(1) for small brewers or winegrowers, or any large manufacturer of wine or beer, the creation
of ethyl alcohol, from basic ingredients through a fermentation process;
(2) for craft distillers, brandy manufacturers and any large manufacturer of distilled spirits,
the purification of ethyl alcohol from basic ingredients through a distillation process;
(3) for rectifiers and wine blenders, the blending or mixing of spirituous liquors with other
alcoholic or non-alcoholic liquids, or non-alcoholic substances.
AA. “Member” means:
(1) a person who pays annual membership dues to a holder of a club license pursuant to
Section 60-6A-5 NMSA 1978, at the rate of not less than five dollars ($5.00) per year and who, under the
constitution and bylaws of the club, has been voted as a member by the current membership, and has all voting
rights and full membership privileges as described in Subsection E of Section 60-3A-3 NMSA 1978;
(2) the adult spouse and the adult children of a member or of a deceased member as defined
in Paragraph (1) of Subsection B of 15.10.54.7 NMAC;
(3) a member of an official auxiliary or subsidiary group of a club licensed pursuant to
Section 60-6A-5 NMSA 1978, who has been issued a personal identification card in accordance with the rules of the
club, as described in Section 60-7A-13 NMSA 1978; the club licensee must furnish proof to the director, upon
request, of the applicable rules governing personal identification cards, and of the relationship between the club and
the official auxiliary or subsidiary group; or
(4) a person who pays membership dues and is a member of a class of a club licensed
pursuant to Section 60-6A-5 NMSA 1978, but are persons without full voting rights or full membership privileges,
so long as such members are provided for in the articles of incorporation, bylaws, charter, constitution or resolution
of the board of directors or other appropriate governing body of the entity holding the club license; members
described in this paragraph may not purchase, be served or consume alcoholic beverages within the bar or lounge
area of the licensed premises, but may purchase, be served or consume alcoholic beverages in other areas of the
licensed premises while engaged in activities whose primary purpose is other than the consumption of alcoholic
beverages.
BB. “Primary activity”, “primarily” or “primarily engaged in” means the principal use of a
licensed premises or area within a licensed premises at any given time. If more than fifty percent of the annual total
gross receipts are derived from the sale of alcoholic beverages for consumption on the licensed premises, the
primary activity shall be deemed to be the sale of alcoholic beverages for consumption on the licensed premises. If
more than sixty percent of the annual total gross receipts are from the sale of alcoholic beverages for consumption
off the licensed premises, the primary activity shall be deemed to be the sale of alcoholic beverages for consumption
off the licensed premises.
CC. “Principal officer” means an officer of the organization who, regardless of title, has
responsibility for implementing the decisions of the organization's governing body with respect to the liquor license,
or for supervising the management, administration, or operation of the organization’s interest in the license. Such
officer may include the president, one or more vice-presidents, secretary, or treasurer of the licensee, the manager or
managers of a limited liability company, a managing member of a member-managed, LLC or the president, vice-
president, secretary or treasurer of any corporation, or the manager or managers of a limited liability company
holding a direct or indirect interest in the license, which requires that corporation or limited liability company to be
disclosed if that officer or manager has the authority to do any act on behalf of the licensee.
DD. “Priority application” means one of the first 10 applications received during any filing period or,
if more than 10 are received on the first day of the filing period, the 10 applications randomly selected by the
director pursuant to 15.11.27.10 NMAC.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 3 of 71
EE. “Privat
e party” means an event open only to invited guests and not open or advertised to the
general public in which there is no financial consideration in exchange for alcoholic beverages. “Private party” does
not include alcohol industry promotional events or other events with a commercial purpose.
FF. “Public Celebration” means any state fair, county fair, community fiesta, cultural or artistic
performance or event, professional athletic competition and events or activities held on an intermittent basis that are
open or advertised to the general public.
GG. “Public nuisance” means loitering of habitual drunkards or intoxicated persons, lewd or indecent
displays, profanity, rowdiness, undue noise, consumption of alcoholic beverages in the parking lot of the licensed
premises, use of weapons on the licensed premises or in the parking lot, lack of adequate security outside of the
licensed premises, lack of adequate lighting outside of the licensed premises, vandalism to vehicles or other
property, or other disturbances or activities offensive to the average citizen or to the residents of the neighborhood in
which the licensed premises are located or failure to comply with all public health orders issued during a public
health emergency.
HH. “Restaurant” means any establishment, except a “fast food” establishment, having a New
Mexico resident as a proprietor or manager that is held out to the public as a place where food is prepared on-site
from basic ingredients and served primarily for on-premises consumption to the general public in consideration of
payment; that has a dining room, a commercial kitchen, and the employees necessary for preparing, cooking and
serving meals.
II. “Restaurant with beer and wine license” means a restaurant A license.
JJ. “Restaurant with spirits license” means a restaurant B license.
KK. “Restricted area” means an area of a licensed premises that is restricted to persons age 21and
older in accordance with the act and these rules where the primary activity in that area is the sale or consumption of
alcoholic beverages.
LL. “School” means:
(1) a public or private educational institution accredited as such by the state or federal
government;
(2) a discernible building or group of buildings generally recognized as a preschool,
kindergarten, elementary, secondary, middle school, junior high, high school or combination thereof; or
(3) a center for attendance where educational instruction is offered by certified school
instructors; a “school” must be located in a zoning area of the local option district that permits schools, but shall not
include a home school as defined in Public School Code, or adult career training classes, or facilities used
exclusively for daycare services.
MM. “Securities listed on a national securities exchange” means securities listed or approved for
listing on the New York stock exchange or American stock exchange, or designated or approved for designation for
inclusion on the national market system by the national association of securities dealers, inc.
NN. “Serve” means to pour, or otherwise personally provide alcoholic beverages to another person.
OO. “Shipping” means the use of a registered common carrier by a licensee to transport alcoholic
beverages. Shipping does not include delivery of alcoholic beverages.
PP. “Small brewer” means a person or entity that is engaged in bona fide manufacture of beer, holds
a valid New Mexico small brewer license and federal brewer’s notice of license to produce malt beverages,
demonstrates bona fide brewing operations; owns or controls fully operational brewing equipment such as two or
more of the following: fermenting vessels, brew house, and brite or holding tanks with capacity for commercial
production, and does not produce more than 200,000 barrels of total product per year.
QQ. “Small premises licensee” means a retailer or a dispenser for which alcoholic beverages
constitute less than sixty percent of sales, and whose establishment contains less than 20,000 square feet of
merchandise display space.
RR. “Split” means a half-bottle of wine or champagne containing not more than 375 ml of wine or
champagne.
SS. “Taste” or “tastes” means offering smaller than usual drink sizes of alcoholic beverages to the
public at no cost for the sole purpose of promoting the product, in quantities of .5 ounces or less if the product is
undiluted spirituous liquors, and 1.5 ounces or less for all other alcoholic beverages.
TT. “Transferable license” means a license that may be assigned, transferred or leased pursuant to
Section 60-6A-19 NMSA 1978, provided that the license holder has met all requirements of the act and these rules.
UU. “Unaccompanied minor” means a minor that is not under the direct supervision of their parent,
adult spouse, or adult legal guardian.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 4 of 71
VV. “Unbr
oken, original package” means the sealed, unopened glass, plastic or aluminum container
holding the alcoholic beverage, but does not mean the cardboard or other packaging holding the containers together.
WW. “Unrestricted area” means an area of a licensed premises in which minors are allowed to enter
unaccompanied by a parent, adult spouse or legal guardian, because the primary activity in that area is not the sale,
service or consumption of alcoholic beverages.
XX. “Winegrower” means a person or entity that is engaged in bona fide manufacture of wine, holds a
valid New Mexico winegrower’s license and federal basic permit to manufacture wine, who owns or controls fully
operational winemaking equipment with capacity for commercial production.
[15.10.2.7 NMAC - Rp, 15 NMAC 10.1.1.7, 4/25/2017; A, 9/28/2021]
HISTORY OF 15.10.2 NMAC:
Pre-NMAC Regulatory Filing History: The material in this part was derived from that previously filed with the
State Records Center and Archives under:
ABC Regulation No. 4B-5, Definition Regulation 4B-5 Interpreting and Exemplifying Section 60-4B-5 NMSA
1978 (1981 Repl. Pamp.), filed 03/23/1982.
ABC Regulation No. 4B-5.(B), Definition Regulation 4B-5(B), Interpreting and Exemplifying Section 60-4B-5
NMSA 1978 (1981-1984 Supp.), filed 11/04/1985.
AGD Regulation 4B-5(B), Definition, filed 09/25/1990.
ABC Regulation No. 6B-10(2), Definition of School” Interpreting and Exemplifying Section 60-6B-10 NMSA
1978, filed 12/16/1983.
ABC Regulation No. 6B-10(B), Definition of School” Regulation 6B-10(B), Interpreting and Exemplifying Section
60-6B-10 NMSA 1978 (1981-1984 Supp.), filed 11/04/1985.
AGD Regulation 6B-10(B), Definition of School,” filed 09/25/1990.
AGD 6B-10(C), Premises Licensed Prior to 1981, filed 09/25/1990.
AGD Regulation 7A-1(C), After Hours, filed 09/25/1990.
ABC Regulation No. 6C-1(3).(A), Public Nuisances Regulation 6C-1(3)(A), Interpreting and Exemplifying Section
60-6C-1(3) NMSA 1978 (1981-1984 Supp.), filed 11/04/1985.
AGD 6C-1, Public Nuisances, filed 09/25/1990.
History of Repealed Material:
15 NMAC 10.1.1, Definitions, filed 07/02/1999 - Repealed effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 5 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROLPART 1 GENERAL PROVISIONS
CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS
PART 31 PREMISES - GENERAL REQUIREMENTS
15.10.31.1 ISSUING AGENCY: New Mexico Regulation and Licensing Department, Alcoholic Beverage
Control Division.
[15.10.31.1 NMAC - Rp, 15.10.31.1 NMAC, 9/28/2021]
15.10.31.2 SCOPE: These regulations apply to all licensees under the New Mexico Liquor Control Act.
[15.10.31.2 NMAC - Rp, 15.10.31.2 NMAC, 9/28/2021]
15.10.31.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978, of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.10.31.3 NMAC - Rp, 15.10.31.3 NMAC, 9/28/2021]
15.10.31.4 DURATION: Permanent.
[15.10.31.4 NMAC - Rp, 15.10.31.4 NMAC, 9/28/2021]
15.10.31.5 EFFECTIVE DATE: September 28, 2021, unless a later date is cited at the end of this section.
[15.10.31.5 NMAC - Rp, 15.10.31.5 NMAC, 9/28/2021]
15.10.31.6 OBJECTIVE: These rules are intended to establish standards for the general operation and
maintenance of licensed premises.
[15.10.31.6 NMAC - Rp, 15.10.31.6 NMAC, 9/28/2021]
15.10.31.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in these rules have the
same meanings as set forth in the Liquor Control Act.
[15.10.31.7 NMAC - Rp, 15.10.31.7 NMAC, 9/28/2021]
15.10.31.8 LIGHTING OF LICENSED PREMISES: At any licensed premises open for business, the
interior lighting shall be sufficient to make easily discernible to persons of average vision, the appearance, age and
conduct of all persons on the premises where alcoholic beverages are sold, served or consumed.
[15.10.31.8 NMAC - Rp, 15.10.31.8 NMAC, 9/28/2021]
15.10.31.9 SANITATION REQUIREMENTS: All licensees shall comply with all applicable sanitation
requirements prescribed by the state of New Mexico, this is to include all requirements set forth in any Public Health
Order issued pursuant to Sections 24-1-1 through 24-1-40 NMSA 1978, of the Public Health Act, Sections 12-10A-1
through 12-10A-19 NMSA 1978, of the Public Health Emergency Response Act, and Sections 9-7-1 through 9-7-18
NMSA 1978, of the Department of Health Act and local sanitation ordinances. Failure to comply shall be deemed a
violation of this rule.
[15.10.31.9 NMAC - Rp, 15.10.31.9 NMAC, 9/28/2021]
HISTORY OF 15.10.31 NMAC:
Pre-NMAC Regulatory Filing History: The material in this part was derived from that previously filed with the
State Records Center and Archives under:
ABC Regulation No. 3A-2.(E), Lighting of Licensed Premises Regulation 3A-2.(E), Interpreting and Exemplifying
Section 60-3A-2 NMSA 1978 (1981-1984 Supp.), filed 11/4/85;
AGD 3A-2(D), Lighting of Licensed Premises, filed 9/25/90;
ABC Regulation No. 3A-2.(F), Sanitation Requirements Regulation 3A-2.(F), Interpreting and Exemplifying
Section 60-3A-2 NMSA 1978 (1981-1984 Supp.), filed 11/4/85; and
AGD 3A-2(E), Sanitation Requirements, filed 9/25/90.
History of Repealed Material:
15 NMAC 10.3.1.8.2, Repealed 7/15/99.
15.10.31 NMAC - Premises - General Requirements, filed 3/31/1997, recompiled 12/31/2001, was repealed and
replaced by 15.10.31 NMAC - Premises - General Requirements, effective 9/28/2021.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 6 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS
PART 32 PREMISES - LOCATION AND DESCRIPTION OF LICENSED PREMISES
15.10.32.1 ISSUING AGENCY: New Mexio Regulation and Licensing Department, Alcholic Beverage
Control Division.
[15.10.32.1 NMAC - Rp, 15 NMAC 10.3.2.1, 4/25/2017; A, 9/28/2021]
15.10.32.2 SCOPE: These rules apply to all licensees and applicants for licensure under the act.
[15.10.32.2 NMAC - Rp, 15 NMAC 10.3.2.2, 4/25/2017]
15.10.32.3 AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director to make and
adopt such rules as necessary to carry out the duties of the division.
[15.10.32.3 NMAC - Rp, 15 NMAC 10.3.2.3, 4/25/2017]
15.10.32.4 DURATION: Permanent.
[15.10.32.4 NMAC - Rp, 15 NMAC 10.3.2.4, 4/25/2017]
15.10.32.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.10.32.5 NMAC - Rp, 15 NMAC 10.3.2.5, 4/25/2017]
15.10.32.6 OBJECTIVE: These rules are intended to establish standards for the location and description of
areas identified as licensed premises.
[15.10.32.6 NMAC - Rp, 15 NMAC 10.3.2.6, 4/25/2017]
15.10.32.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in these rules have the
same meanings as set forth in the act.
15.10.32.8 LOCATION NEAR CHURCH, SCHOOL OR MILITARY INSTALLATION: All
measurements for the purpose of determining the location of a licensed premises in relation to churches or schools
shall be the shortest direct line measurement between the actual limits of the real property of the church or school in
which there is regularly conducted church services or educational functions, and the controlled access area of 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. A license may be granted for a proposed location if a person has obtained a waiver from a local
option district governing body for the poroposed location.
[15.10.32.8 NMAC - Rp, 15 NMAC 10.3.2.8, 4/25/2017; A, 9/28/2021]
15.10.32.9 PREMISES WHERE ALCOHOL WAS SOLD PRIOR TO 1981:
A. For purposes of transfer and issuance of liquor licenses, a location where alcoholic beverages were
sold prior to July 1, 1981, is a location that was licensed for the sale of alcoholic beverages by the division prior to
July 1, 1981. For purposes of special dispenser’s permits, a location where alcoholic beverages were sold prior to
July 1, 1981, includes church and school property where alcoholic beverages were traditionally sold prior to July 1,
1981, at events, such as annual church fiestas or school fundraisers, even if the premises were not licensed by the
division prior to July 1, 1981.
B. If an applicant seeks to have a location approved as a licensed premises where alcoholic beverages
were sold prior to July 1, 1981, and if alcoholic beverages have not been sold on the previously licensed premises
for a period of 12 months or more, the applicant has the burden of showing the church or school has not
detrimentally relied on the lack of sales or closing of the previously licensed premises. An applicant for a special
dispenser’s permit on church or school property has the burden of establishing that sales of alcoholic beverages
occurred on the church or school property on an annual or other regular basis prior to July 1, 1981.
[15.10.32.9 NMAC - Rp, 15 NMAC 10.3.2.9, 4/25/2017]
15.10.32.10 LICENSED PREMISES AND CONTROLLED ACCESS AREAS:
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 7 of 71
A. Nothi
ng in these rules shall prohibit the licensure of the entire premises, including more than one
structure, of the controlled access areas of the grounds of any hotel, golf course, ski area, racetrack, distillery,
brewery, or vineyard of a winery, as defined in the act, or any restaurant, identified in Subsection O of Section 60-
3A-3 NMSA 1978, when any of these types of licenses are operated by the licensee who profits directly and
exclusively from the operation of the license;
B. An accurate description of the licensed premises with the proposed controlled access areas clearly
marked, must be filed with the division;
C. The sale, service and consumption of alcoholic beverages is limited to to controlled access areas;
D. Roads are not to be included in controlled access areas, except within golf courses, in which the
boundaries of golf cart and pedestrian crossings are clearly marked by permanent marking on the surface of the
roads by white or yellow reflective painting or striping material similar to pedestrian crossing markings found on
city and state streets and roads; and
E. Parking lots and fuel pump stations, unless granted written approval by the division, may not be
included in controlled access areas.
F. A licensee may obtain an exception to these requirements with written approval issued by the
Division.
[15.10.32.10 NMAC - Rp, 15 NMAC 10.3.2.10, 4/25/2017; A, 9/28/2021]
15.10.32.11 [RESERVED]
[15.10.32.11 NMAC - Rp, 15 NMAC 10.3.2.11, 4/25/2017; Repealed 9/28/2021]
15.10.32.12 CHANGE OR EXPANSION OF LICENSED PREMISES: Floor plans that accurately reflect
the controlled access areas of a licensee’s licensed premises must be kept current by filing an application to change a
floor plan within 30 days of a change, and to expand a floor plan by filing an application prior to the expansion, or
upon request by the director. If the total square footage of the controlled access area of the licensed premise will
increase by more than twenty-five percent pursuant to the floor plan change, the licensee may be required to file an
application for change of location on a form approved by the division.
[15.10.32.12 NMAC - Rp, 15 NMAC 10.3.2.13, 4/25/2017; A, 9/28/2021]
15.10.32.13 [RESERVED]
[15.10.32.13 NMAC - Rp, 15 NMAC 10.3.2.14, 4/25/2017; Repealed 9/28/2021]
15.10.32.14 OUTDOOR CONTROLLED ACCESS AREAS: Controlled access areas of a licensed
premises that are outdoors must be enclosed by a continuous physical barrier of sufficient height in order to
physically separate the controlled access area from the surrounding area. The division may allow exceptions to this
requiremet upon written request by a licensee.
[15.10.32.14 NMAC – N, 9/28/2021]
HISTORY OF 15.10.32 NMAC:
Pre-NMAC Regulatory Filing History: The material in this part was derived from that previously filed with the
State Records Center and Archives under:
ABC Regulation No. 6B-2.(D), Operation of Licenses on Designated Premises, Interpreting and Exemplifying
Section 60-6B-2 NMSA 1978 (1981-1984 Supp.), filed 11/04/1985.
AGD 6B-2(C), Operation of Licensed Premises, filed 09/25/1990.
ABC Regulation No. 6B-10.(A), Location Near Church, School, or Military Installation Regulation 6B-10.(A),
Interpreting and Exemplifying Section 60-6B-10 NMSA 1978 (1981-1984 Supp.), filed 11/04/1985.
AGD 6B-10(A), Location Near Church, School, or Military Installation, filed 09/25/1990.
ABC Regulation No. 6B-12(G)(A), Location of Licensed Premises Regulation 6B-12(G)(A), Interpreting and
Exemplifying Section 60-6B-12(G) NMSA 1978 (1981 and 1984 Supp.), filed 12/04/1984.
AGD 6B-12, Location of Licensed Premises, filed 09/25/1990.
History of Repealed Material:
15 NMAC 10.3.2.12 Drive-up Windows, Walk-up Windows, Repealed 7/15/1999.
15 NMAC 10.3.2, Premises - Location and Description of Licensed Premises, filed 03/14/1997 - Repealed effective
4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 8 of 71
NMAC His
tory:
15 NMAC 10.3.2, Premises - Location and Description of Licensed Premises (filed 3/14/1997) was replaced by
15.10.32 NMAC, Premises - Location and Description of Licensed Premises, effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 9 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS
PART 33 PREMISES - MINORS ON LICENSED PREMISES
15.10.33.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.10.33.1 NMAC - Rp, 15 10.33.1 NMAC, 4/25/2017; A, 9/28/2021]
15.10.33.2 SCOPE: These rules apply to all licensees under the act.
[15.10.33.2 NMAC - Rp, 15 10.33.2 NMAC, 4/25/2017]
15.10.33.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.10.33.3 NMAC - Rp, 15 10.33.3 NMAC, 4/25/2017]
15.10.33.4 DURATION: Permanent.
[15.10.33.4 NMAC - Rp, 15 10.33.4 NMAC, 4/25/2017]
15.10.33.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.10.33.5 NMAC - Rp, 15 10.33.5 NMAC, 4/25/2017]
15.10.33.6 OBJECTIVE: These rules are intended to classify the types of licensed premises or areas of
licensed premises where minors may be present.
[15.10.33.6 NMAC - Rp, 15 10.33.6 NMAC, 4/25/2017]
15.10.33.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in these rules have the
same meanings as set forth in the act.
[15.10.33.7 NMAC - Rp, 15 10.33.7 NMAC, 4/25/2017; A, 9/28/2021]
15.10.33.8 MINORS ON LICENSED PREMISES:
A. A licensee shall not allow an unaccompanied minor on restricted premises.
B. If a licensee chooses to allow minors on the licensed premises for any reason except a bona fide
emergency, the licensee must, in an annual application filed with the division, designate the licensed premises as
either entirely a restricted area, entirely an unrestricted area, or both restricted and unrestricted areas, showing such
designations on a correct floor plan of the licensed premises.
(1) The designations shall be approved or disapproved by the division. The applicant shall
also indicate the nature and extent of security that will be provided to control restricted areas.
(2) If the licensed premises are designated as both restricted and unrestricted areas, and the
division approves the designations, restricted areas of the licensed premises must be clearly posted and marked so
that they are unmistakable from unrestricted areas.
C. A licensee who chooses to allow minors on the licensed premises must:
(1) ensure that no minor is sold or served, purchases, possesses or consumes an alcoholic
beverage on the premises; and
(2) post in restricted areas of the licensed premises conspicuous signs that state that “minors
are not permitted in this area, unless accompanied by a parent, adult spouse or legal guardian”.
D. A licensee shall maintain the plans, public notices and access restrictions required by this rule, and
shall properly designate restricted areas on its licensed premises. Failure to do so shall be a violation of this rule.
E. The director shall consider all violations of this rule by a licensee which occurred within the
preceding five years of a pending application, and may consider any corrective measure adopted by the licensee, to
determine whether to grant or deny an application for minors on licensed premises.
[15.10.33.8 NMAC - Rp, 15 10.33.8 NMAC, 4/25/2017]
15.10.33.9 EMPLOYMENT OF MINORS:
A. No person may employ a minor to participate in the sale or service of alcoholic beverages, or to
supervise other employees with respect to the sale or service of alcoholic beverages, except as provided in this
section.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 10 of 71
B. In
accordance with Subsection B of Section 60-7B-11 NMSA 1978, a holder of a dispenser’s,
restaurant or club license that is held out to the public as a place where meals are prepared and served and the
primary source of revenue is food, and where the sale or consumption of alcoholic beverages is not the primary
activity, may employ minors 18 years of age or older to sell or serve alcoholic beverages, except that a person
younger than 21 years of age shall not be employed as a bartender. Otherwise, no person may employ a minor to
participate in the sale or service of alcoholic beverages, except as provided below.
C. A holder of a restaurant, dispenser’s, or club license, or a special dispenser’s permit, may allow
minors to enter a restricted area to remove and dispose of alcoholic beverage containers in the course of their
employment as bus persons provided that such employees remain in the restricted area no longer than necessary to
carry out those duties.
D. A holder of a wholesaler’s, retailer’s, or manufacturer’s license, or a holder of a dispenser’s
license who sells by the package, may employ minors to stock and handle alcoholic beverages in unopened
containers on or around the licensed premises if an adult 21 years of age or older is on duty directly supervising such
activities.
E. A licensee may permit the following minors to enter and remain in a restricted area of a licensed
premise during the course of their employment or official duties if the minors are at least 18 years of age:
(1) professional musicians, disc jockeys or other entertainers engaged in their professional
capacities, or sound or lighting technicians actively engaged in support of professional musicians, disc jockeys, or
other entertainers;
(2) persons performing janitorial services, but only when the licensed premises are closed;
(3) employees of amusement device companies for the purpose of installing, maintaining,
repairing or removing any lawful amusement device or vending machine; and
(4) security and law enforcement officers.
F. In accordance with Subsection C of Section 60-7B-10 NMSA 1978, a minor 18 years of age or
older who is licensed under the New Mexico Commercial Driver’s License Act may, during the scope of their
employment by a New Mexico wholesaler, handle alcoholic beverages while in transit to and while on a licensed
premises.
[15.10.33.9 NMAC - Rp, 15 10.33.9 NMAC, 4/25/2017; A, 9/28/2021]
15.10.33.10 NO SALE, SERVICE, POSSESSION OR CONSUMPTION PERMITTED: Under no
circumstances, may minors purchase, be served, possess or consume alcoholic beverages on a licensed premises, and
nothing in these rules, including provisions permitting minors on licensed premises, shall be construed as permitting
the sale or service to, or possession or consumption of any alcoholic beverage by, a minor on a licensed premises.
[15.10.33.10 NMAC - Rp, 15 10.33.11 NMAC, 4/25/2017]
15.10.33.11 DEFENSE TO SALE TO A MINOR: If the licensee can establish all of the following, it shall
be a valid defense to the administrative charge of a sale to a minor:
A. the purchaser falsely represented his or her age by producing, at the time of the alleged illegal sale,
a photo identification card which appears to have been issued by a federal, state, county or municipal government, or
sub department or agency thereof, and which shows the purchaser to be 21 years of age or older; and
B. the purchaser appeared to be 21 years of age or older; and
C. the seller reasonably relied on the false identification presented and on the purchaser’s appearance,
thereby believing the purchaser to be 21 years of age or older.
[15.10.33.11 NMAC - Rp, 15 10.33.12 NMAC, 4/25/2017]
15.10.33.12 MINORS PROHIBITED FROM PARTICIPATING IN THE DELIVERY OF
ALCOHOLIC BEVERAGES:
A. Licensees are prohibited from allowing minors to participate in the delivery of alcoholic
beverages.
B. A minor participates in the delivery of alcoholic beverages when:
(1) a minor loads the alcoholic beverages into the delivery vehicle; or
(2) a minor is the driver, or passenger, of a vehicle being used to deliver alcoholic beverages
to consumers.
[15.10.33.12 NMAC – N, 9/28/2021]
HISTORY OF 15.10.33 NMAC:
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 11 of 71
Pre-NM
AC History: None.
History of Repealed Material: 15 NMAC 10.3.3.10, Teen Events, repealed 7/15/1999.
15.10.33 NMAC, Premises - Minors on Licensed Premises, filed 03/30/2006 - Repealed effective 4/25/2017.
NMAC History:
15 NMAC 10.3.3, Premises - Minors on Licensed Premises (filed 3/14/1997) was renumbered, amended, and
reformatted to 15.10.33 NMAC, Premises - Minors on Licensed Premises, effective 04/14/2006.
15.10.33 NMAC, Premises - Minors on Licensed Premises (filed 3/30/2006) was replaced by 15.10.33 NMAC,
Premises - Minors on Licensed Premises, effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 12 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS
PART 51 SALES - RESTRICTIONS ON SALES
15.10.51.1 ISSUING AGENCY: New Mexico Regulation and Licensing Department,
Alcoholic Beverage
Control Division.
[15.10.51.1 NMAC - Rp, 15 10.51.1 NMAC, 4/25/2017; A, 9/28/2021]
15.10.51.2 SCOPE: These regulations apply to all licensees and applicants for licensure under the act.
[15.10.51.2 NMAC - Rp, 15 10.51.2 NMAC, 4/25/2017]
15.10.51.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.10.51.3 NMAC - Rp, 15 10.51.3 NMAC, 4/25/2017]
15.10.51.4 DURATION: Permanent
[15.10.51.4 NMAC - Rp, 15 10.51.4 NMAC, 4/25/2017]
15.10.51.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.10.51.5 NMAC - Rp, 15 10.51.5 NMAC, 4/25/2017]
15.10.51.6 OBJECTIVE: This rule is intended to establish standards by which licensees may sell and serve
alcoholic beverages under the act.
[15.10.51.6 NMAC - Rp, 15 10.51.6 NMAC, 4/25/2017]
15.10.51.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in these rules have the
same meanings as set forth in the act:
[15.10.51.7 NMAC - Rp, 15 10.51.7 NMAC, 4/25/2017]
15.10.51.8 SALES FROM LICENSED PREMISES ONLY: Licensees shall sell, offer to sell, and serve
alcoholic beverages for promotional or otherwise commercial purposes only from the controlled access area of a
licensed premises approved by the director, including premises licensed through special event permits pursuant to
15.11.25 NMAC.
[15.10.51.8 NMAC - Rp, 15 10.51.8 NMAC, 4/25/2017; A, 9/28/2021]
15.10.51.9 OPEN CONTAINER RESTRICTIONS:
A. No one shall provide a person with an open container of an alcoholic beverage for consumption
off the licensed premises or permit removal of an open container from the licensed premises.
B. No person shall remove an open container of an alcoholic beverage from a licensed premise.
C. All alcoholic beverages sold by package, including growlers, must be consumed off-premises.
D. Nothing in this rule shall prohibit a dispenser or restaurant licensee from allowing the removal of a
partially consumed bottle of wine from the premises pursuant to Section 60-3A-12 NMSA 1978.
E. A licensee may permit a customer to remove a growler from the licensed premises, provided that
the licensee cleans the growler before filling it, re-seals the growler, and provides a sales receipt to the customer.
[15.10.51.9 NMAC - Rp, 15 10.51.9 NMAC, 4/25/2017]
15.10.51.10 AFTER HOURS SALES OR SERVICE OF ALCOHOLIC BEVERAGES:
A. Licensees may not sell, serve or allow the consumption of alcoholic beverages on the licensed
premises except during the hours permitted by the Liquor Control Act.
B. A licensee whose primary business activity on the licensed premises is the sale of alcoholic
beverages for consumption on the licensed premises may not open the licensed premises to the public or to club
members for any purpose or business after the lawful established closing times provided for in the Liquor Control
Act, unless permitted by the director in writing.
[15.10.51.10 NMAC - Rp, 15 10.51.10 NMAC, 4/25/2017; A, 9/28/2021]
15.10.51.11 SALES TO INTOXICATED PERSONS:
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 13 of 71
A. No li
censee shall sell, serve, deliver, procure or aid in the procurement of alcoholic beverages to
an intoxicated person if the licensee knows or has reason to know that the person is obviously intoxicated.
In addition to other commonly recognized tests of intoxication, a blood alcohol content level of .14 or higher on
breath or blood test taken not more than one and one-half hour or 90 minutes after sale, service, delivery or
consumption of alcoholic beverages shall be presumptive evidence that the person was intoxicated at the time of the
last sale. For purposes of this rule, a “sale” shall mean the time at which the person actually paid for the last
alcoholic beverage served by the licensee to the intoxicated person, or when the alcoholic beverage is delivered to
the intoxicated person’s address for delivery, when applicable.
B. The following practices are prohibited on a licensed premises:
(1) games or contests that involve drinking alcoholic beverages or the awarding of alcoholic
beverage drinks as prizes;
(2) the sale or delivery to a person of an unlimited number of alcoholic beverage drinks
during any set period of time for a fixed price;
(3) the sale or delivery of two or more alcoholic beverage drinks for the price of one;
(4) the sale or delivery of alcoholic beverages by the drink for less than half the usual,
customary, or established price for a drink of that type on the licensed premises;
(5) the sale or delivery of alcoholic beverages by the drink for less than cost;
(6) the advertising of the practices prohibited by this regulation; or
(7) the sale or service of a bottle of spirits for on-premises consumption.
C. The two drink rule:
(1) No licensee shall serve or otherwise allow any person to have more than two
unconsumed, opened alcoholic beverage drinks on a licensed premises at any one time.
(2) Examples of Paragraph (1) of Subsection C of 15.10.51.11 NMAC, include but are not
limited to, the following:
(a) a licensee shall not sell, serve or allow any person to have at any one time a beer
flight that exceeds the equivalent total volume of two drinks;
(b) a licensee shall not sell, serve, or allow any person to have at any one time a
wine flight that exceeds the equivalent total volume of two drinks; and
(c) a licensee shall not sell, serve or allow any person to have at any one time a
spiritous liquor flight that exceeds the equivalent total volume of two drinks.
D. Nothing contained in this regulation shall prohibit a licensee from:
(1) including one alcoholic beverage drink per person as part of a meal package when
approved by the director in writing;
(2) selling wine by the bottle or carafe when sold with a meal;
(3) selling wine by the bottle or carafe, or beer in a pitcher, to more than one person;
(4) offering free tastes;
(5) offering free alcoholic beverage drinks to registered guests in its hotel when approved by
the director in writing;
(6) utilizing a "free drink coupon" which is limited to one drink per day per patron or giving
a patron a free drink as a gesture of good will or friendship; free drinks as a gesture of good will or friendship may
not be advertised and may not be given at any established interval or based on the purchases by the customer; or
(7) offering to customers product promotions such as sweepstakes, rebates on non-alcoholic
beverage items, or goods that are not or do not include alcoholic beverages.
[15.10.51.11 NMAC - Rp, 15 10.51.11 NMAC, 4/25/2017; A, 9/28/2021]
15.10.51.12 “BYOB” EXCEPTION: PRIVATE PARTIES ON LICENSED PREMISES: No person or
entity may bring alcoholic beverages, previously purchased, onto a licensed premises or onto any public premises, or
consume alcoholic beverages purchased by package on a licensed premises, except as provided in this section.
A. A licensee may allow a private party at which the host provides his own alcoholic beverages to be
held on the licensed premises, the host must be able to provide the licensee with a receipt for the alcohol being
served at the event, showing where the alcohol was purchased.
B. If the host provides his own alcoholic beverages, no alcoholic beverages may be sold to any guest
at the private party by the host, the licensee, or anyone else. The alcoholic beverages must be served to the guests by
persons who hold valid current server permits.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 14 of 71
C. If the
private party is held during hours that the licensed premises is open to the public, the area
where the private party is to be held must be closed to the public and security provided to prevent persons without
invitations from entering.
D. Private parties must be held on days and at times during which the licensee is authorized to sell or
serve alcoholic beverages.
E. A licensee may receive alcoholic beverages donated by a licensed New Mexico wholesaler to the
host of the private party and may serve the donated alcoholic beverages at a private party if the wholesaler provides
the licensee with an invoice for the donated alcoholic beverages.
[15.10.51.12 NMAC - Rp, 15 10.51.12 NMAC, 4/25/2017; A, 9/28/2021]
15.10.51.13 ALCOHOL SERVICE BY EMPLOYEES ONLY:
A. All alcoholic beverages sold or served to members of the public pursuant to a liquor license must
be sold or served by a person who has a valid alcohol server permit and is an employee or independent contractor of
the licensee.
B. Except as provided in this sub-section, self-service of alcoholic beverages is not permitted in an
establishment licensed to sell alcohol:
(1) A person may self-serve beer from a pitcher that has been previously served to that
person if in compliance with Subsection D of 15.10.51.11 NMAC, above.
(2) A person may self-serve wine from a bottle or carafe that has been previously served to
that person if in compliance with Subsection D of 15.10.51.11 NMAC, above.
C. Devices that allow a non-employee in a licensed premises to self-serve themselves an alcoholic
beverage are prohibited, except that nothing in this paragraph shall prevent the otherwise lawful sale or service of
alcoholic beverages from a “mini-bar” in a “hotel” as defined in Subsection N of 60-3A-3 NMSA 1978.
D. No licensee, agent, lessee, contractor or employee of the licensee shall consume alcoholic
beverages while on duty with the following exceptions:
(1) owners, employees, contractors, licensed wholesalers and licensed retailers may drink
alcoholic beverages for product training and evaluation purposes, but must not become impaired;
(2) entertainers who contract with a licensed establishment and are not involved in the sale or
service of alcoholic beverages may consume alcoholic beverages; and
(3) the licensee, lessee, or an owner or operator may consume alcoholic beverages provided
that such consumption does not result in impairment.
[15.10.51.13 NMAC; N, 4/25/2017; A, 9/28/2021]
15.10.51.14 GAMBLING ON LICENSED PREMISES: An entity holding a valid license issued under the
act may conduct any activities on the licensed premises that are excluded from the definition of commercial
gambling pursuant to Subsection C of Section 60-7A-19 NMSA 1978.
[15.10.51.14 NMAC; N,4/25/2017; A, 9/28/2021]
15.10.51.15 SALES OF CERTAIN SPIRITOUS LIQUORS:
A. A licensee shall not sell spiritous liquor in a closed container of three fluid ounces or less, for
consumption off the licensed premises, except for:
(1) Sales in which 10 containers of three fluid ounces or less are packaged together by the
manufacturer and meant for sale as a single unit.
(2) Sales in which a container of three fluid ounces or less are packaged by the manufacturer,
as a value-added product, in conjunction with a spirits purchase of 750 millilliters or larger.
B. Nothing within this section shall prohibit the sales of spiritous liquors in open containers of three
fluid ounces or less, for consumption on the licensed premises.
C. The division reserves the right to prohibit sales of containers of three fluid ounces or less, of
alcoholic beverages with an alcohol by volume of fifteen percent or greater.
[15.10.51.15 NMAC – N, 9/28/2021]
15.10.51.16 SALES OF ALCOHOLIC BEVERAGES TO MOTOR VEHICLES PROHIBITED: An
entity holding a valid license issued under the act shall not sell, serve, or deliver alcoholic beverages to a customer
in a motor vehicle through a drive-up window, curbside pickup, or other means in which the customer remains in the
motor vehicle during the transfer of the alcoholic beverage, unless written approval is granted by the division.
[15.10.51.16 NMAC – N, 9/28/2021]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 15 of 71
HIST
ORY OF 15.10.51 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the commission of
public records, state records center and archives under:
ABC Regulation No. 6A-2 through 6A-5, Sales from Designated Premises Only--Delivery Service Regulation No.
6A-2 through 6A-5, Interpreting and Exemplifying Section 60-6A-2 through 60-6A-5 NMSA 1978 (1981 and 1984
Supp.), filed 3/26/1985;
AGD 6A-2, Sales from Licensed Premises Only, filed 9/25/1990;
ABC Regulation No. 6A-7.(A), Shipping Invoices Regulation 6A-7.(A) Interpreting and Exemplifying Section 60-
6A-7 NMSA 1978 (1981 and 1984 Supp.), filed 11/4/1985;
AGD Regulation 6A-7, Shipping Invoices, filed 9/25/1990;
AGD Regulation 7A-1(C), After Hours, filed 9/25/1990;
ABC Regulation No. 7A-16.(A), Sales to Intoxicated Persons Regulation 7A-16(A), Interpreting and Exemplifying
Section 60-7A-16 NMSA 1978 (1981-1984 Supp.), filed 11/4/1985; and
AGD 7A-16, Sales to Intoxicated Persons, filed 9/25/1990.
History of Repealed Material:
AGD Regulation 6A-7, Shipping Invoices (filed 9/25/1990) repealed 3/31/1997.
15 10.51 NMAC, Sales - Restrictions on Sales, filed 09/15/2006 - Repealed effective 4/25/2017.
Other History:
AGD 6A-2, Sales from Licensed Premises Only (filed 9/25/1990); AGD 6A-7, Shipping Invoices (filed 9/25/1990);
AGD-7A-1(C) (filed 9/25/1990); AGD-7A-16, Sales to Intoxiated Persons (filed 9/25/1990); and AGD-7B-6,
Defense to Sale to Minor (filed 9/25/1990) were all renumbered, reformatted, amended, and replaced by 15 NMAC
10.5.1, Restrictions on Sales, effective 3/31/1997.
15 NMAC 10.5.1, Restrictions on Sales (filed 3/14/1997) was renumbered, reformatted, amended and replaced by
15.10.51 NMAC, Restrictions on Sales, effective 10/15/2006.
15.10.51 NMAC, Sales - Restrictions on Sales (filed 9/15/2006) was replaced by 15.10.51 NMAC Sales -
Restrictions on Sales, effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 16 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS
PART 52 SEGREGATED ALCOHOL SALES
15.10.52.1 ISSUING AGENCY: New Mexico Regulation and Licensing Department, Alcoholic Beverage
Control Division.
[15.10.52.1 NMAC - Rp, 15 NMAC 10.5.2.1, 4/25/2017; A, 9/28/2021]
15.10.52.2 SCOPE: These rules apply to all licensees under the act.
[15.10.52.2 NMAC - Rp, 15 NMAC 10.5.2.2, 4/25/2017]
15.10.52.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.10.52.3 NMAC - Rp, 15 NMAC 10.5.2.3, 4/25/2017]
15.10.52.4 DURATION: Permanent.
[15.10.52.4 NMAC - Rp, 15 NMAC 10.5.2.4, 4/25/2017]
15.10.52.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.10.52.5 NMAC - Rp, 15 NMAC 10.5.2.5, 4/25/2017]
15.10.52.6 OBJECTIVE: These rules are intended to comply with Section 60-6B-19 NMSA 1978 of the act
by creating procedures and requirements for segregated alcohol sales applicable to two different classes of licensed
premises based on the size of the establishment.
[15.10.52.6 NMAC - Rp, 15 NMAC 10.5.2.6, 4/25/2017]
15.10.52.7 DEFINITIONS: [RESERVED].
[15.10.52.7 NMAC - Rp, 15 NMAC 10.5.2.7, 4/25/2017]
15.10.52.8 LARGE PREMISES LICENSEES:
A. Large premises licensees must consolidate all alcoholic beverages in an alcoholic beverage display
area located within a clearly designated and marked area of the controlled access area of the licensed premises.
Growler sales for beer and cider may be located in a separate, clearly designated and marked display area from other
alcoholic beverage sales. Both the storage area and the area where growlers will be filled must be designated.
Except for table wines and other beverages as defined in Subsection C of 60-6B-19 NMSA 1978, alcoholic
beverages may also be displayed or stored in small quantities in no more than two locations outside the designated
alcoholic beverage display area provided that all display areas can be roped off, chained off, or covered during non-
alcoholic sale hours or days. Licensees must file floor plans with the division for approval showing the consolidated
and segregated areas where alcoholic beverages, including growler sales, are displayed within the licensed premises.
B. An employee who is at least 21 years of age and has a valid alcohol server permit shall be
responsible for the overall supervision of both the receiving and sale of alcoholic beverages, including supervision
of the alcoholic beverage display area. The licensee shall designate employees within the licensed premises to serve
in this capacity as part of their job description, and shall ensure that such a designated employee is on duty on the
licensed premises during alcoholic beverage sale hours.
C. Small displays of chips, snacks, or similar items may be displayed for sale in the alcoholic
beverage display area so long as those items are also available in other parts of the licensed premises outside the
alcoholic beverage display area. Except for such small displays, displays of food or other merchandise that would
require shoppers to enter the alcoholic beverage display area for food or other merchandise are not permitted.
[15.10.52.8 NMAC - Rp, 15 NMAC 10.5.2.8, 4/25/2017; A, 9/28/2021]
15.10.52.9 SMALL PREMISES LICENSEES: Small premises licensees must use diligent, good faith
efforts to consolidate alcoholic beverages within a clearly designated and marked alcoholic beverage display area of
the controlled access area of the licensed premises. Except for table wines and other beverages as defined in
Subsection C of 60-6B-19 NMSA 1978, alcoholic beverages may also be displayed outside the alcoholic beverage
display area provided that all display areas can be roped off, chained off or covered during non-alcoholic sale hours
or days.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 17 of 71
[15.10.
52.9 NMAC - Rp, 15 NMAC 10.5.2.9, 4/25/2017; A, 9/28/2021]
15.10.52.10 SIGNS FOR DAYS WHEN SALES NOT PERMITTED: [RESERVED]
[15.10.52.10 NMAC - Rp, 15 NMAC 10.5.2.10, 4/25/2017]
HISTORY OF 15.10.52:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center
and Archives under:
AGD Regulation 6B-19, Segregated Alcohol Sales, filed 12/20/93.
History of Repealed Material:
15 NMAC 10.52, Segregated Alcohol Sales, filed 03/14/1997 - Repealed effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 18 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS
PART 53 SALES - WHOLESALERS
15.10.53.1 ISSUING AGENCY: New Mexico Regulation and Licensing Department, Alcoholic Beverage
Control Division.
[15.10.53.1 NMAC - Rp, 15 NMAC 10.5.3.1, 4/25/2017; A, 9/28/2021]
15.10.53.2 SCOPE: These rules apply to all licensees under the act.
[15.10.53.2 NMAC - Rp, 15 NMAC 10.5.3.2, 4/25/2017]
15.10.53.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.10.53.3 NMAC - Rp, 15 NMAC 10.5.3.3, 4/25/2017]
15.10.53.4 DURATION: Permanent.
[15.10.53.4 NMAC - Rp, 15 NMAC 10.5.3.4, 4/25/2017]
15.10.53.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.10.53.5 NMAC - Rp, 15 NMAC 10.5.3.5, 4/25/2017]
15.10.53.6 OBJECTIVE: This part is intended to establish reporting, sales, credit, and other requirements
applicable to persons licensed as wholesalers under the act.
[15.10.53.6 NMAC - Rp, 15 NMAC 10.5.3.6, 4/25/2017]
15.10.53.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms in this part has the same
meaning as set forth in the act.
[15.10.53.7 NMAC - Rp, 15 NMAC 10.5.3.7, 4/25/2017]
15.10.53.8 PAYMENT, REFUND AND EXCHANGE:
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 rule 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 the 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 act and this rule. As long as a promissory note, or other similar
obligation, remains outstanding for alcoholic beverages, the licensee must pay in cash.
D. Limitations on product returns:
(1) Wholesalers are permitted to accept a return of alcohol beverages for ordinary and usual
commercial reasons.
(2) Ordinary and usual commercial reasons for returns include defective products, broken or
short filled containers caused by error or omission of the manufacturer or the wholesaler or agent of the wholesaler,
errors in products delivered, discontinued products, manufacturer’s product change, manufacturer quality standards,
lawful exercise of creditor claims to secured inventory, and unsold and unopened event inventory when a special
event permit was obtained from the division. Ordinary and usual commercial reasons for return do not include
overstock of inventory, slow inventory sales, breakage or other damage by the retailer or limited and seasonal
demand inventory.
E. A wholesaler may share information with other wholesalers regarding any unpaid invoices
described in A, above, limited to the identity of the licensee, and the amount due and duration of the unpaid
invoices.
[15.10.53.8 NMAC - Rp, 15 NMAC 10.5.3.8, 4/25/2017; A, 9/28/2021]
15.10.53.9 DONATIONS AND DISCOUNTS OF ALCOHOLIC BEVERAGES:
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 19 of 71
A. A lice
nsed 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 give the donated or
discounted alcoholic beverages to members of the public, or may give the donated or discounted alcoholic beverages
away, in accordance with the provisions of the act and these rules. Donations or discounts allowable under this sub-
section shall be limited as follows:
(1) no free samples may be provided for items currently provided to the licensee by the
wholesaler; and
(2) no more than one bottle not to exceed 750 milliliters of wine or spirits, or one case of
beer may be provided as a free sample per item.
B. A licensed New Mexico wholesaler may donate alcoholic beverages to a non-licensee for an
event, including charity and non-profit purposes, but the non-licensee may not sell the donated alcoholic beverages
under any circumstances. Any unopened alcoholic beverages not consumed at the event may be returned to the
wholesaler or kept for personal use by the non-licensee, but may not be sold under any circumstances.
C. 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, liquor 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.
[15.10.53.9 NMAC - Rp, 15 NMAC 10.5.3.9, 4/25/2017]
15.10.53.10 COMMERCIAL COERCION AND BRIBERY:
A. The Director shall enforce the prohibitions against unfair trade practices as set forth in Section 60-
8A-1 NMSA 1978, of the Act.
B. The Director shall enforce the prohibitions against unlawful inducements as set forth in Section
60-8A-1.1 NMSA 1978, of the Act.
C. Sections 60-8A-1 and 60-8A-1.1 NMSA 1978, of the Act shall incorporate the United States Code
of Federal Regulations at 27 C.F.R Section 6.1 et seq., as may be amended, promulgated pursuant to Section 105 of
the Federal Alcohol Administration Act at 27 U.S.C. 205, and with all relevant United States Alcohol and Tobacco
Tax and Trade Bureau Industry Circulars, as may be amended.
(1) Wholesalers and manufacturers shall not provide money or any other thing of substantial
value to a retailer, restaurant, club, governmental or any other type of dispensing licensee, or their affliliates, to
persuade, influence or induce a person from purchasing or contracting to purchase a particular brand of alcholicic
beverage.
(2) Retailers, restaurant, club, governmental or any other type of dispensing licensee, or their
affiliates, shall not receive or ask for money or any other thing of substantial value from a wholesaler or
manufacturer, or their affiliates, to persuade, influence or induce a person from purchasing or contracting to
purchase a particular brand or kind of alcoholic beverage.
(3) Things are of substantial value when it has a value greater than three hundred dollars.
(4) Generally, product displays, point of sale advertising materials, temporary signage valued
at three hundred dollars or less are permissible.
(5) Fixtures, capital improvements and equipment, including refigeration units, keg coolers,
and permanent signage are not permissible unless there is a written contract to buy or lease the item, at fair market
value, between the retailer, restaurant, club, governmental, or any other type of dispensing licensee and the
wholesaler or manufacturer.
[15.10.53.10 NMAC; N, 4/25/2017; A, 9/28/2021
HISTORY OF 15.10.53 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center
and Archives under:
AGD Regulation 7A-9, Extension of Credit by Wholesalers, filed 9/25/1990.
History of Repealed Material: [RESERVED]
15 NMAC 10.5.3, Sales - Wholesalers, filed 03/14/1997 - Repealed effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 20 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS
PART 54 SALES - CLUBS
15.10.54.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.10.54.1 NMAC - Rp, 15 NMAC 10.5.4.1, 4/25/2017; A, 9/28/2021]
15.10.54.2 SCOPE: These rules apply to all club licensees under the act.
[15.10.54.2 NMAC - Rp, 15 NMAC 10.5.4.2, 4/25/2017]
15.10.54.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA of the act authorizes the director to
make and adopt such rules as necessary to carry out the duties of the division.
[15.10.54.3 NMAC - Rp, 15 NMAC 10.5.4.3, 4/25/2017]
15.10.54.4 DURATION: Permanent
[15.10.54.4 NMAC - Rp, 15 NMAC 10.5.4.4, 4/25/2017]
15.10.54.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.10.54.5 NMAC - Rp, 15 NMAC 10.5.4.5, 4/25/2017]
15.10.54.6 OBJECTIVE: This part is intended to establish additional standards by which club licensees
may sell and serve alcoholic beverages under the act.
[15.10.54.6 NMAC - Rp, 15 NMAC 10.5.4.6, 4/25/2017]
15.10.54.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms in this part has the same
meaning as set forth in the act.
[15.10.54.7 NMAC - Rp, 15 NMAC 10.5.4.7, 4/25/2017; A, 9/28/2021]
15.10.54.8 SALES LIMITED TO MEMBERS AND GUESTS:
A. Whenever a member invites one or more bona fide guests, as defined by Subsection A of
15.10.54.7 NMAC onto a club’s licensed premises, the club shall be responsible for identifying each bona fide guest
and the club member responsible for such guest by maintaining a sign in sheet identifying the guest and the member,
including the member identification number. The club should be able to produce the sign in sheet upon request by
the director or the special investigations unit of the department of public safety or other peace officer within the
scope of their jurisdiction. Members may not be stationed at the door signing in people who were not previously
invited as their guests.
B. A member who has invited bona fide guests to use club facilities shall be responsible at all times
while the guests are on the club premises. Except as otherwise permitted by law, no person other than the club
members, bona fide guests, and club employees shall be allowed on any part of the licensed premises where
alcoholic beverages are being sold, served, or consumed under the club license.
[15.10.54.8 NMAC - Rp, 15 NMAC 10.5.4.8, 4/25/2017]
15.10.54.9 GAMES OF CHANCE:
A. An entity holding a valid club license issued under the act may conduct any activities on the
licensed premises that are excluded from the definition of commercial gambling pursuant to Subsection C of Section
60-7A-19 NMSA 1978, of the Act.
B. Nothing within this section shall be deemed to allow for commercial gambling, as defined by
Subsection C of Section 60-7A-19 NMSA 1978, of the Act.
[15.10.54.9 NMAC - Rp, 15 NMAC 10.5.4.9, 4/25/2017; A, 9/28/2021]
15.10.54.10 FUND RAISING EVENTS: A club may allow its facilities, including its licensed premises, to
be used by another non-profit organization four times in a calendar year for a fund raising event that is open to the
public if the club submits an application on the form provided by the division not less than 10 days before the date
of the proposed event and receives written approval from the division for the event.
[15.10.54.10 NMAC - Rp, 15 NMAC 10.5.4.10, 4/25/2017; A, 9/28/2021]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 21 of 71
15.10.54.
11 ADVERTISING FOR SPECIAL EVENTS:
A. A club may advertise a special event for the purposes of soliciting new club members or to notify
existing members. Any advertisement, either printed, electronic or otherwise, must clearly state that the event is
restricted to members of the club and their bona fide guests. If soliciting new members, the advertisement must state
“to become a member, please contact” and provide contact information of a club member.
B. Examples of special events include, but are not limited to, musical and other artistic performances,
speaking engagements, and promotions by commercial entities.
C. Special events that also constitute “fund raising events” pursuant to Section 10, above, are not
subject to this advertising rule.
D. Any advertising described in Subsection A of 15.10.54.11 NMAC shall not include references to
specific drinks or prices of drinks.
[15.10.54.11 NMAC - Rp, 15 NMAC 10.5.4.11, 4/25/2017]
15.10.54.12 CHANGE IN OFFICERS: A club must report a change in officers at time of renewal on an
application prescribed by the director, including but not limited to, submission of fingerprints, personal affidavits,
meeting minutes from the election and a copy of the club’s filing with the New Mexico secretary of state that lists its
current officers, as part of the annual renewal application.
[15.10.54.12 NMAC - Rp, 15 NMAC 10.5.4.12, 4/25/2017; A, 9/28/2021]
15.10.54.13 LICENSE RENEWAL REQUIREMENT: In addition to the other requirements provided by
law, as part of its annual renewal application, and upon request by the director, a club must furnish proof of its
number of members by providing either:
A. a roster of its current members which includes the name, address and phone number of each
member; or
B. a sworn statement by either a certified public accountant or an attorney, duly licensed in the state,
attesting that during the preceeding 12 months, the club has had no more than 250 members, based upon a personal
review of the club’s operations; or
C. a sworn statement by an officer of the statewide or national non-profit organization associated
with the club attesting that during the preceeding 12 months, the club has had no more than 250 members, based
upon a personal review of the club’s operations.
[15.10.54.13 NMAC - Rp, 15 NMAC 10.5.4.13, 4/25/2017]
HISTORY OF 15.10.54 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center
and Archives under:
ABC Regulation No. 7A-13(B)(2)(A), Penalties for Violation of Section 60-7A-13(B)(2), Sales by Clubs,
Interpreting and Exemplifying Section 60-7A-13(B)(2) NMSA 1978 (1981 and 1985 Supp.), filed 10/29/1985;
ABC 7A-13(B)(2)(A), Penalties for Violation of Section 60-7A-13(B)(2) NMSA 1978, led 2/13/1986; and
AGD Regulation 7A-13, Sales by Clubs, filed 9/25/1990.
History of Repealed Material:
15 NMAC 10.5.4, Sales Clubs, filed 7/21/1999 - Repealed effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 22 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 10 ALCOHOLIC BEVERAGES LICENSING
PART 55 INTERNET SALES
15.10.55.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.1.55.1 NMAC - N, 4/25/2017; A, 9/28/2021]
15.10.55.2 SCOPE: These rules apply to all retailers, and to dispensers authorized to sell alcoholic
beverages in unbroken packages and all licensees allowed to sell alcoholic beverages through delivery, under the
act.
[15.1.55.2 NMAC - N, 4/25/2017; A, 9/28/2021]
15.10.55.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the Act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.1.55.3 NMAC - N, 4/25/2017]
15.10.55.4 DURATION: Permanent.
[15.1.55.4 NMAC - N, 4/25/2017]
15.10.55.5 EFFECTIVE DATE: April 25, 2017 unless a later date is cited at the end of a section.
[15.1.55.5 NMAC - N, 4/25/2017]
15.10.55.6 OBJECTIVE: These rules are intended to regulate purchasing cooperatives authorized pursuant
to the act.
[15.1.55.6 NMAC - N, 4/25/2017]
15.10.55.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in this rule have the
same meanings as set forth in the act.
[15.1.55.7 NMAC - N, 4/25/2017]
15.10.55.8 THIRD-PARTY, INTERNET SALES:
A. Except as provided in this section, no licensee may accept or fulfill any offer for the sale of any
alcoholic beverages to New Mexico residents through a third-party internet web site for shipping alcoholic
beverages to customers.
B. The holder of a New Mexico winegrower’s license that also holds a direct wine shipment permit
may sell and ship wine through an internet website to residents of New Mexico. Through a website of a third-party
intermediary, and regardless of whether the transaction is administered by the licensee or the licensee’s agent, the
holder of a New Mexico winegrower’s license may sell wines of the winegrower’s own production, or wine
produced by another New Mexico winegrower, but not any other alcohol, to:
(1) a holder of a New Mexico winegrower’s, wine wholesaler’s, wholesaler’s or wine
exporter’s license;
(2) a New Mexico winegrower’s agent;
(3) a New Mexico resident;
(4) a resident in any other state or foreign jurisdiction, as authorized by that jurisdiction; and
(5) the holder of a license in any other state or foreign jurisdiction issued under the authority
of that jurisdiction that authorizes the purchase of wine.
C. The holder of a direct wine shipment permit that is a person licensed in a state other than New
Mexico that holds a winery license in that state may sell and ship wines that are otherwise in accordance with
Subsection B, above, to the extent not prohibited by the laws of that state.
D. All third-party internet sales described in this part are subject to the restrictions on direct wine
shipment permits as provided by Sections 60-6A-11.1 and Subsection F of Section 60-7A-3 NMSA 1978 of the act.
[15.1.55.8 NMAC - N, 4/25/2017; A, 9/28/2021]
15.10.55.9 USE OF INTERNET WEBSITE AND APPLICATION BASED PLATFORMS FOR
DELIVERY SALES:
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 23 of 71
A. Lice
nsees issued an alcoholic beverage delivery permit may sell alcoholic beverages, allowed by
their license type, through an internet website or application to customers.
B. The internet website or application platform may be provided by a third-party intermediary, for
use by the licensee, in accordance with the act.
[15.1.55.9 NMAC – N, 9/28/2021]
HISTORY OF 15.1.61 NMAC: [RESERVED]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 24 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS
PART 61 CITATIONS - FINES AND PENALTIES
15.10.61.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.10.61.1 NMAC - Rp, 15 10.61.1 NMAC, 4/25/2017; A, 9/28/2021]
15.10.61.2 SCOPE: These rules apply to all licensees and applicants for licensure under the act.
[15.10.61.2 NMAC - Rp, 15 10.61.2 NMAC, 4/25/2017]
15.10.61.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.10.61.3 NMAC - Rp, 15 10.61.3 NMAC, 4/25/2017]
15.10.61.4 DURATION: Permanent.
[15.10.61.4 NMAC - Rp, 15 10.61.4 NMAC, 4/25/2017]
15.10.61.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.10.61.5 NMAC - Rp, 15 10.61.5 NMAC, 4/25/2017]
15.10.61.6 OBJECTIVE: This rule is intended to comply with Subsection M of Section 60-6C-4 NMSA
1978 which requires the director to adopt reasonable regulations setting forth standards of penalties concerning
penalties imposed by the director. It is also intended to establish violation codes for consistent tracking within the
division.
[15.10.61.6 NMAC - Rp, 15 10.61.6 NMAC, 4/25/2017]
15.10.61.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in ths rule have the
same meanings as set forth in the act.
[15.10.61.7 NMAC - Rp, 15 10.61.7 NMAC, 4/25/2017; A, 9/28/2021]
15.10.61.8 SCHEDULE OF PENALTIES:
A. Any portion of the fines or penalties described in this rule may be enhanced or suspended,
depending on the particular facts and circumstances of the individual case and where warranted by the evidence and
the interests of public health, safety and welfare.
B. Violations involving sales to minors or intoxicated persons by licensee:
Code Description
90 Sale to intoxicated person
105 Sale to a minor
(1) The first offense within a 12 month period will result in a fine ranging from one thousand
dollars ($1,000) to two thousand dollars ($2,000) and suspension of all alcohol sales for a minimum of one business
day.
(2) The second offense within a 12 month period will result in a fine ranging from two
thousand dollars ($2,000) to three thousand dollars ($3,000) and suspension of all alcohol sales for seven business
days or possible revocation of the license if the licensee’s citation history shows a pattern warranting revocation.
(3) Three or more offenses within a 12 month period shall result in a fine of ten thousand
dollars ($10,000) and revocation of the liquor license. The director may allow a reasonable period of time for the
licensee to sell the license in lieu of revocation, provided that the licensee places the license into voluntary
suspension unil the date of sale or revocation.
(4) Any combination of three offenses involving sales to minors or sales to intoxicated
persons occurring within a 12 month period shall result in a fine of ten thousand dollars ($10,000) and revocation of
the liquor license.
C. Violations involving sales to minors or intoxicated persons by server:
Code Description
313 Sale to minor or to an intoxicated person
(1) the first offense may result in a fine up to $500, up to a 30-day suspension, or both;
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 25 of 71
(2) th
e second offense may result in a fine up to $500, up to a one-year suspension, or both;
(3) the third offense may result in a fine of up to $500, a suspension of greater than one year,
or revocation.
D. Violations involving licensing issues: Penalties imposed for the following violations will depend
upon the facts and circumstances of each case and, unless enhanced or suspended in whole or in part, will include
administrative fines within the ranges shown below. Penalties may also include suspension or revocation of the
liquor license.
Code
Description
Fine
117
more than one entity profiting
two thousand dollars
($2,000) to ten thousand
dollars ($10,000)
118
unauthorized entity profiting or operating
one thousand five
hundred dollars ($1,500)
to ten thousand dollars
($10,000)
119
failure to report change of ownership or structure
two hundred fifty dollars
($250) to three thousand
dollars ($3,000)
135
failure to renew license
five hundred dollars
($500) to three thousand
dollars ($3,000)
205
unauthorized transfer of a liquor license
three thousand dollars
($3,000) to ten thousand
dollars ($10,000)
300
persons prohibited from holding a license
three thousand dollars
($3,000) to ten thousand
dollars ($10,000)
E. Illegal sale, delivery or possession of alcoholic beverages: Penalties imposed for the following
violations will depend upon the facts and circumstances of each case and, unless enhanced or suspended in whole or
in part, will include administrative fines ranging from five hundred dollars ($500) to ten thousand dollars ($10,000).
Penalties may also include suspension or revocation of the liquor license.
Code Description
160 sale/possession - illegal
F. Public nuisance violations:
Code Description
125 public nuisance
(1) Penalties imposed for public nuisance violations will be determined depending upon the
facts and circumstances of each case and, unless enhanced, will include the administrative fines and penalties shown
below.
(2) The first offense will result in a fine of two thousand dollars ($2000). A plan of
correction of the violations, including timetables for such correction, must be agreed to by the parties within 30 days
after the division notifies the licensee, or the citation may be referred to a formal hearing.
(3) Failure to correct the violations as agreed will result in an additional fine of three
thousand dollars ($3,000)and immediate suspension of the license until the corrections are completed.
(4) The second offense within a 24-month period will result in a fine of four thousand dollars
($4000). A plan of correction of the violations, including timetables for such correction, must be agreed to by the
parties within 30 days after the department notifies the licensee, or the citation may be referred to a formal hearing.
After the plan of correction is agreed to, the license will be immediately suspended until completion of the
corrections.
(5) The third offense in a 36-month period will result in revocation of the license.
G. Violations involving commercial gambling: Penalties imposed for commercial gambling
violations will depend upon the facts and circumstances of each case and, unless enhanced or suspended in whole or
in part, will include the administrative fines shown below. Penalties may also include suspension or revocation of
the liquor license.
Code Description
40 commercial gambling
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 26 of 71
(1) Th
e first offense will result in a fine of three thousand dollars ($3,000).
(2) The second offense will result in a fine of four thousand dollars ($4,000).
(3) The third offense will result in a fine of five thousand dollars ($5,000).
(4) Four or more offenses will result in a fine of ten thousand dollars ($10,000).
H. Violations involving club sales provision: Penalties imposed for the following violations will
depend upon the facts and circumstances of each case and, unless enhanced or suspended in whole or in part, will
include administrative fines ranging from five hundred dollars ($500) to five thousand dollars ($5,000). Penalties
may also include suspension or revocation of the liquor license.
Code Description
35 liquor sales to non-members
37 other violations of club sales restrictions
I. Violations of a tasting permit:
Code Description
36 tasting permit
(1) For a first violation, a fine no greater than one thousand dollars ($1,000) or a suspension
of the tasting permit 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 suspension of the tasting permit 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 master
license, a fine no greater than five thousand dollars ($5,000), and a suspension of the tasting permit for one year.
J. Violation for Illegal Extension of Credit by Wholesalers: Any wholesaler that extends credit
for the sale of alcoholic beverages for any period more than thirty days shall be subject to a fine of ten thousand
dollars ($10,000) for each violation. Additional violations within a year of the first violation may also result in
suspension or revocation of the license.
Code Description
38 credit extension
K. Violations involving other licensing, sales and service matter: Penalties imposed for the
following violations will depend upon the facts and circumstances of each case and, unless enhanced or suspended
in whole or in part, will include administrative fines ranging from five hundred dollars ($500) to five thousand
dollars ($5,000). Penalties may also include suspension or revocation of the liquor license.
Code
Description
1
unauthorized package sale
3
unattended alcoholic beverages
27
purchase from other than a wholesaler
28
alcohol server training program - failure to complete
29
alcohol server training certification - failure to renew
45
removal of open container from licensed premises
66
violation of restaurant license restriction
80
employing an underage person
87
dispenser, drink or price violation
107
minor in possession/consuming
110
unaccompanied minor in restricted area of premises
120
operating hours - improper or illegal
145
unauthorized sale by the drink
146
filling of bottles
155
sale from other than controlled access area of licensed
premises
157
change of floor plan without approval
180
special dispenser's, private celebration or public celebration
permit violation
215
violation of wholesaler license restriction
301
obstruction of the administration of the liquor control act
302
private party violation
320
employee drinking on duty
321
segregated sales violation
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 27 of 71
L. Misc
ellaneous violations of the liquor control act or regulations: Penalties imposed for the
following violations will depend upon the facts and circumstances of each case and, unless enhanced or suspended
in whole or in part, will include administrative fines ranging from two hundred fifty dollars ($250) to three thousand
dollars ($3,000). Penalties may also include suspension or revocation of the liquor license.
Code
Description
5
advertising - illegal
10
agency responsibility/authority
25
failure to engage in business
26
failure to suspend license
50
unauthorized display of copy/facsimile of license
100
improper lighting
116
unauthorized change of dba name
175
sanitation violation
303
beer keg labeling violation
304
unauthorized change of corporate name
314
required documents on licensed premises
323
violation of a bed and breakfast rule
M. Other violations not specifically listed: Penalties imposed for the following violations will
depend upon the facts and circumstances of each case and may include administrative fines up to ten thousand
dollars ($10,000) and suspension or revocation of the liquor license.
Code Description
999 miscellaneous
N. Violations involving providers: Penalties imposed for the following violations will depend upon
the facts and circumstances of each case and, unless enhanced or suspended in whole or in part, will include
administrative fines up to five hundred dollars ($500).
Code
Description
305
failure to notify of sale, right to own, teach, or use of program to any person
306
providing false information regarding certified program completion
307
failure to conduct the program as certified by the division
308
filing an application for certification of a provider, instructor, or program with false information
310
failure to comply with provisions of alcohol server education article or rules promulgated
thereunder
O. Violations of the alcohol server education article involving licensees: Penalties imposed for
the following violations will be as listed below unless enhanced or suspended in whole or in part and depend upon
the facts and circumstances of each case.
Code
Description
316
Employing a person without a server permit up to five hundred dollars ($500)
317
failure to maintain copies of server permits on the licensed premises: twenty dollars ($20) per
permit
318
failure to produce a copy of an employee's server permit: twenty dollars ($20) per permit
319
Permitting a person with a suspended or revoked permit to serve alcoholic beverages: up to five
hundred dollars ($500)
P. Suspension of alcoholic beverage sales:
(1) When suspension of alcoholic beverage sales is a penalty for violation of the Liquor
Control Act, suspension will be addressed as follows:
(a) for a one-day suspension, the licensee will be required to suspend alcohol sales
on the same day of the week that the violation occurred, except that if the violation occurred earlier than 3:00 a.m.,
then the licensee will be required to suspend alcohol sales on the day of the week immediately prior to the day that
the violation occurred;
(b) for a suspension of more than one day, the licensee will be required to suspend
alcohol sales for consecutive days, beginning on the same day of the week that the violation occurred, except that if
the violation occurred earlier than 3:00 a.m., then the licensee will be required to suspend alcohol sales beginning on
the day of the week immediately prior to the day that the violation occurred.
(2) If the penalty for a violation is suspension, no fine is payable in lieu of suspension.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 28 of 71
(3) Si
gns provided by the division must be posted on all cash registers and entrances to the
restricted area on days that alcohol sales are suspended because of violations of the act.
[15.10.61.8 NMAC - Rp, 15 10.61.8 NMAC, 4/25/2017; A, 5/30/2017; A, 9/28/2021]
15.10.61.9 ENHANCEMENT OF SCHEDULED PENALTIES: Any penalty set forth in these rules may
be enhanced if the facts and circumstances warrant enhancement of the penalties, up to the maximum allowed by the
act.
[15.10.61.9 NMAC - Rp, 15 10.61.9 NMAC, 4/25/2017]
15.10.61.10 ENHANCEMENT OF SCHEDULED PENALTIES FOR VIOLATIONS INVOLVING THE
USE OF ALTERNATIVE FORMS OF ALCOHOL: In recognition of the heightened public policy concerns
regarding the greater potential for abuse and greater need for deterrance, whenever a violation identified in this part
involves the sale, service or consumption of alternative forms of alcohol, including but not limited to powdered,
vaporized or freeze-dried alcohol, the penalty otherwise set forth in this part shall be enhanced up to the maximum
allowed by the act.
[15.10.61.1 NMAC - N, 4/25/2017]
15.10.61.11 COMPROMISE:
A. Whenever probable cause exists that a licensee has violated a provision of the act or these rules, a
citation may be issued to the licensee for such violation. An infomal conference may be held with the licensee to
determine whether a compromise of the penalty for the violation would be in the best interests of the state.
B. When a citation is issued at the licensed premises, a copy of the citation may be provided to the
licensee, or the resident agent, or given to an employee who indicates he is in charge, or, if no such employee is in
charge, to any employee. Providing an employee with the citation shall be considered the same as giving it to the
licensee. Citations may be mailed to the licensee.
C. A copy of the citation shall be filed in the division.
D. The fines and suspension imposed shall not exceed those which could be imposed after hearing.
E. Subject to 15.10.61.10 NMAC, any portion of the fine or penalties imposed may be suspended.
[15.10.61.11 NMAC - Rp, 15 10.61.10 NMAC, 4/25/2017]
HISTORY OF 15.1.61 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the commission of
public records, state records center and archives under:
ABC Regulation 6C-9, Penalty Compromise Regulation 6C-9, Interpreting and Exemplifying Section 60-6C-9
NMSA 1978, filed 8/13/1982;
ABC Regulation No. 6C-9, Penalty Compromise Regulation 6C-9, Interpreting and Exemplifying Section 60-6C-9
NMSA 1978, filed 4/19/1984;
ABC Regulation No. 6C-9(A), Penalty Compromise Regulation 6C-9(A), Interpreting and Exemplifying Section 60-
6C-9 NMSA 1978 (1981-1984 Supp.), filed 11/4/1985;
AGD Regulation 6C-9, Compromise, filed 9/25/1990;
ABC Regulation No. 6C-1(3). (A), Public Nuisances Regulation 6C-1(3).(A), Interpreting and Exemplifying Section
60-6C-1(3) NMSA 1978 (1981-1984 Supp.), filed 11/4/1985;
AGD 6C-1, Public Nuisances, filed 9/25/1990.
History of Repealed Material:
15.10.61 NMAC, Citation - Fines and Penalties, filed 9/15/2006 - Repealed effective 4/25/2017.
Other History:
AGD 6C-1, Public Nuisances (filed 9/25/1990) and AGD Regulation 6C-9, Compromise (filed 9/25/1990) were
both renumbered, reformatted, amended and replaced by 15 NMAC 10.6.1, Citations - Fines and Penalties, effective
3/31/1997.
15 NMAC 10.6.1, Citations - Fines and Penalties, filed 3/14/1997 was renumbered, reformatted, amended and
replaced by 15.10.61 NMAC, Citation - Fines and Penalties, effective 10/15/2006.
15.10.61 NMAC, Citations - Fines and Penalties (filed 9/15/2006) was replaced by 15.10.61 NMAC, Citation -
Fines and Penalties, effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 29 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS
PART 70 OPERATION AND PROFITING BY AUTHORIZED PERSONS AND ALTERNATING
PROPRIETORSHIPS
15.10.70.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.10.70.1 NMAC - Rp, 15 NMAC 10.7.1, 4/25/2017; A, 9/28/2021]
15.10.70.2 SCOPE: These rules apply to all licensees and applicants for licensure under the act.
[15.10.70.2 NMAC - Rp, 15 NMAC 10.7.2, 4/25/2017]
15.10.70.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.10.70.3 NMAC - Rp, 15 NMAC 10.7.3, 4/25/2017]
15.10.70.4 DURATION: Permanent.
[15.10.70.4 NMAC - Rp, 15 NMAC 10.7.4, 4/25/2017]
15.10.70.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.10.70.5 NMAC - Rp, 15 NMAC 10.7.5, 4/25/2017]
15.10.70.6 OBJECTIVE: This rule is intended to establish standards by which licensees may sell alcoholic
beverages under the act.
[15.10.70.6 NMAC - Rp, 15 NMAC 10.7.6, 4/25/2017]
15.10.70.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in these regulations
have the same meanings as set forth in the act.
[15.10.70.7 NMAC - Rp, 15 NMAC 10.7.7, 4/25/2017]
15.10.70.8 OPERATION AND PROFITING BY AUTHORIZED PERSONS:
A. No person other than the licensee or lessee or employees of the licensee or lessee, shall sell or
serve alcoholic beverages at the licensed premises.
(1) All orders, sales, service, dispensing, delivery and receipt of payment for alcoholic
beverages must be completed by the licensee or lessee, or employees of the licensee or lessee, or the employees of a
third-party delivery licensee contracted with for delivery purposes.
(2) Sales of alcoholic beverages by a licensee or lessee may not be combined with any sales
of another person or entity that is not the licensee or lessee. Nothing in this section shall prohibit the a licensee and
a third-party delivery licensee from contracting for the delivery of alcoholic beverages to consumers.
B. Only the licensee or lessee shall directly profit from the sale of alcoholic beverages sold pursuant
to a license. A person directly profits from the sale of alcoholic beverages in violation of this rule when any person
other than the licensee or lessee receives any portion of the profits earned, or receipts, from the sale of alcoholic
beverages, except for:
(1) the payment of rent for the licensed premises based in whole or in part on a percentage of
the licensee's gross sales;
(2) the payment to employees of incentive compensation based upon a percentage of gross
sales;
(3) revenues received by an affiliate of the licensee from the sale of products other than
alcoholic beverages on the licensed premises;
(4) revenues split by a liquor licensee and its lessee pursuant to a hotel management
agreement approved by the division, provided that operational control of the licensed premises remain at all times
with the lessee and the split of revenue is reasonable;
(5) such other reasonable splitting of revenues specifically approved by the director, who
may require additional disclosures and sworn statements as condition for such approval; or
(6) such agreements reviewed and approved by the division in regards to licensees and third-
party delivery licensees contracting for delivery services to consumers.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 30 of 71
C. Exce
pt as provided in this part, it is a violation of the act for any licensee to divide, split, or in any
way share the right to sell alcoholic beverages, with any person not named as a licensee on the license.
D. Upon 30 days' written notice, a licensee shall demonstrate compliance with this rule. Failure to
demonstrate compliance will result in initiation of proceedings against the licensee by the director, pursuant to
Section 60-6C-1 NMSA 1978 et seq. Evidence of compliance will be provided as follows:
(1) proof that all employees are paid by the approved operator or that the employees are
providing such services as bona fide volunteers, consisting of copies of canceled paychecks or equivalent documents
for the most recent three-month period; and
(2) proof that receipts of the licensed business are deposited directly into a bank account in
the sole name of the approved operator, consisting of copies of bank records showing deposits and the name of the
approved operator and signatories on the account; and
(3) proof of operation by the licensee or lessee, consisting of copies of all real estate lease
agreements, concession agreements, management agreements, contracts for delivery or contracts of any kind to
which the licensee or lessee is a party with other persons for operation or profit-sharing in the operation; and
(4) proof that receipts of the business are not shared with non-licensed parties, consisting of
copies of all canceled checks for the most recent three-month period with explanations of payments to persons other
than suppliers, the approved operator, or employees of the approved operator.
[15.10.70.8 NMAC - Rp, 15 NMAC 10.7.8, 4/25/2017; A, 9/28/2021]
15.10.70.9 EMPLOYMENT BY MULTIPLE LICENSEES:
A. No person shall receive valuable consideration from a manufacturer or wholesaler for services
performed while working as an employee, contractor, or other agent for a holder of a retailer, dispenser, restaurant
or club license.
B. Any person receiving valuable consideration as described in Subsection A of 15.10.70.9 NMAC
or any person who knowingly provides such consideration, shall be in violation of these rules and subject to fines
and penalties as provided in these rules. Such violations may also be considered by the division in the granting of
applications pursuant to Subsection C of 15.11.21.15 NMAC, and the renewal of licenses pursuant to Paragraph (2)
of Subsection B of 15.11.22.8 NMAC.
[15.10.70.9 NMAC - N, 4/25/2017]
15.10.70.10 ALTERNATING PROPRIETORSHIPS:
A. An “alternating proprietorship” is an arrangement in which two or more entities may alternate
using a licensed premises, equipment and employees to manufacture alcoholic beverages. Alternating
proprietorships allow existing, duly licensed New Mexico winegrowers, small brewers and craft distillers to use
excess capacity and provide opportunity to begin on a small scale, without investing in premises and equipment.
B. Each licensee participating in an alternating proprietorship must separately manufacture alcoholic
beverages, whereby each licensee’s product must be separate and identifiable from the product of any other parties
to the alternating proprietorship, including prior to fermentation, during fermentation, during cellar storage, and as
finished product after production and before removal from the premises.
C. An alternating proprietorship may only occur between licensees of the same license type.
D. Filing of written agreement:
(1) Any bona fide alternating propietorship between one or more duly licensed craft
distillers, winegrowers or small brewers shall be documented through a written agreement signed by each licensee or
its resident agent.
(2) The agreement shall quantify the extent to which the licensed premises, employees and
equipment may be used by each duly-licensed licensee.
(3) All parties to the agreement shall furnish a true and correct copy to the division.
E. All alternating proprietorships must be approved in advance by the Division: Any determination
pursuant to this section shall be interpreted consistent with the United State Code of Federal Regulations at Part 27,
Section 19.693, Part 27, Section 25.52, and with all relevant United States alcohol and tobacco tax and trade bureau
industry circulars.
F. All alternating proprietorships must be approved by the United States department of the treasury,
alcohol and tobacco tax and trade bureau prior to final approval by the division.
G. A small brewer, winegrower, or craft distiller license whose production plan wholly relies upon an
alternating proprietorship shall not be entitled to any off-site premises as otherwise provided by the act.
[15.10.70.10 NMAC - N, 4/25/2017]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 31 of 71
HISTOR
Y OF 15.10.70 NMAC: [RESERVED]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 32 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 2 REQUIRED DOCUMENTS ON LICENSED PREMISES
15.11.2.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.11.2.1 NMAC - Rp, 15 NMAC 11.1.1.1, 4/25/2017; A, 9/28/2021]
15.11.2.2 SCOPE: This rule applies to all licensees and applicants for licensure under the act.
[15.11.2.2 NMAC - Rp, 15 NMAC 11.1.1.2, 4/25/2017]
15.11.2.3 AUTHORITY: Sections 60-3A-10 NMSA 1978 of the act authorizes the director to make and
adopt such rules as necessary to carry out the duties of the division.
[15.11.2.3 NMAC - Rp, 15 NMAC 11.1.1.3, 4/25/2017]
15.11.2.4 DURATION: Permanent.
[15.11.2.4 NMAC - Rp, 15 NMAC 11.1.1.4, 4/25/2017]
15.11.2.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.11.2.5 NMAC - Rp, 15 NMAC 11.1.1.5, 4/25/2017]
15.11.2.6 OBJECTIVE: This rule is intended to establish requirements for licensees’ display of all
required documents pursuant to the act, and other information that shall be kept on all licensed premises to comply
with the provisions of the act and its accompanying rules.
[15.11.2.6 NMAC - Rp, 15 NMAC 11.1.1.6, 4/25/2017]
15.11.2.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in these rules have the
same meanings as set forth in the act.
[15.11.2.7 NMAC - Rp, 15 NMAC 11.1.1.7, 4/25/2017]
15.11.2.8 DISPLAY OF LICENSE: The current liquor license shall be prominently displayed within the
licensed premises so that it is in full public view at all times. A copy or scanned image 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 scanned image or facsimile is of the original, current and duly issued license.
[15.11.2.8 NMAC - Rp, 15 NMAC 11.1.1.8, 4/25/2017]
15.11.2.9 POSTERS:
A. Licensees that sell alcoholic beverages directly to the public shall display the following posters in
full public view within the licensed premises. The director will prescribe the forms and sizes of the posters except
that the licensee may make the poster larger than what is prescribed. The director will make copies available to all
licensees:
(1) posters giving notice that the law prohibits the carrying of any operative firearm on a
licensed premises, except where the licensed premises is subject to the concealed carry exception, the licensee may
display a poster giving notice of the concealed carry exception, as long as the poster also gives notice that the law
prohibits all other operative firearms on the licensed premises;
(2) posters warning of the dangers of drinking alcoholic beverages during pregnancy; and
(3) posters identifying all restricted areas of the licensed premises in which minors are
prohibited, unless accompanied by a parent, adult spouse or legal guardian, except that such posters are not required
for premises licensed as a restaurant serving beer and wine.
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.
[15.11.2.9 NMAC - Rp, 15 NMAC 11.1.1.10, 4/25/2017; A, 9/28/2021]
15.11.2.1
0 FLOOR PLAN: All licensees and their employees shall have access on the licensed premises to
a hard copy of the current floor plan approved by the division.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 33 of 71
[15.11.
2.10 NMAC - N, 4/25/2017]
15.11.2.11 STATUTES AND RULES: All licensees and their employees shall have access on the licensed
premises to either a hard or electronic copy of the most current versions of the act and the rules promulgated
thereunder.
[15.11.2.11 NMAC - Rp, 15 NMAC 11.1.1.11, 4/25/2017; A, 9/28/2021]
15.11.2.12 INVOICES: All licensees shall keep on the licensed premises copies of all invoices received in
the preceding two years from all suppliers of all inventory on the licensed premises. A licensee may maintain true
and correct electronic copies of original invoices but shall make all documents or electronic copies immediately
available and open for inspection during all usual business hours upon request of the division, the special
investigations unit of the department of public safety or the taxation and revenue department.
[15.11.2.12 NMAC - Rp, 15 NMAC 11.1.1.12, 4/25/2017]
15.11.2.13 [RESERVED]
[15.11.2.13 NMAC - Rp, 15 NMAC 11.1.1.13, 4/25/2017; Repealed 9/28/2021]
15.11.2.14 SERVER CERTIFICATIONS: For all server certifications required pursuant to Section 60-6E-6
NMSA 1978 of the act, all licensees shall keep a current list of all such certifications, including server number and
expiration date, available at the licensed premises in either hard or electronic copy to be made available upon
request. In the event that proof of such server certification is only available as a temporary, written document, such
temporary proof shall be available at the licensed premises in either a hard copy or as a scanned electronic copy to
be made available upon request. The licensee or lessee, not any server, is responsible for compliance with this
section.
[15.11.2.14 NMAC - N, 4/25/2017]
15.11.2.15 DOCUMENTS REQUIRED FOR DELIVERY OF ALCOHOLIC BEVERAGES:
A. A licensee holding an alcoholic beverage delivery permit, or a third-party delivery license, must
cause all delivery employees to have on their person, during delivery, the following:
(1) The original, or an electronic or physical copy, of the permittees alcoholic beverage
delivery permit;
(2) A physical or electronic copy of the delivery personnel’s server certification;
(3) A physical copy of the receipt printout accompanying all alcoholic beverages out for
delivery; and
B. A license holding an alcoholic beverage delivery permit, or a third-party delivery license must
save for a period of six months, at their licensed establishment, documentation containing the following information:
(1) The name and age information for the customer who ordered and paid for the alcoholic
beverages;
(2) The address alcoholic beverages are to be delivered to;
(3) The quantity and type of alcoholic beverage being delivered; and
(4) The time of alcoholic beverage delivery.
[15.11.2.15 NMAC – N, 9/28/2021]
HISTORY OF 15.11.2 NMAC:
Pre-NMAC Regulatory Filing History: The material in this subpart was derived from that previously filed with the
State Records Center and Archives under:
ABC Regulation No. 3A-2(C), Display of License Regulation 3A-2(C), Interpreting and Exemplifying Section 60-
3A-2 NMSA 1978 (1981-1984 Supp.), filed 11/4/1985;
AGD Regulation 3A-2(C), Display of License, filed 9/25/1990;
ABC Regulation No. 3A-2(C), Display of License Regulation 3A-2(C), Interpreting and Exemplifying Section 60-
3A-2 NMSA 1978 (1981-1984 Supp.), filed 11/4/1985;
AGD Regulation 3A-2(C), Display of License, filed 9/25/1990;
AGD Regulation 4B-5(A), Forms, filed 9/25/1990;
ABC Regulation No. 3A-2.(H), Firearm Poster Requirement Regulation 3A-2.(H), Interpreting and Exemplifying
Section 60-3A-2 NMSA 1978 (1981-1984 Supp.), filed 11/4/1985;
AGD 3A-2(F), Firearm Poster Requirement, filed 9/25/1990; and
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 34 of 71
AGD R
egulation 6B-2(A), License Application, filed 9/25/1990.
History of Repealed Material:
15 NMAC 11.1.1, Required Documents On Licensed Premises, filed 7/2/1999 - Repealed effective 4/25/2017.
Other History:
15 NMAC 11.1.1, Required Documents On Licensed Premises, filed 7/2/1999 was replaced by 15.11.2 NMAC,
Required Documents On Licensed Premises, effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 35 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 20 LICENSES AND PERMITS – ALCOHOLIC BEVERAGE DELIVERY
15.11.20.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.11.20.1 NMAC - N, 9/14/2021]
15.11.20.2 SCOPE: These rules apply to all licensees under the New Mexico Liquor Control Act.
[15.11.20.2 NMAC - N, 9/14/2021]
15.11.20.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.11.20.3 NMAC - N, 9/14/2021]
15.11.20.4 DURATION: Permanent.
[15.11.20.4 NMAC - N, 9/14/2021]
15.11.20.5 EFFECTIVE DATE: September 14, 2021, unless a later date is cited at the end of a section.
[15.11.20.5 NMAC - N, 9/14/2021]
15.11.20.6 OBJECTIVE: This rule is intended to establish standard procedures for obtaining and operating
alcoholic beverage delivery permits and third-party alcohol delivery licenses.
[15.11.20.6 NMAC - N, 9/14/2021]
15.11.20.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in these rules have the
same meanings as set forth in the Liquor Control Act.
[15.11.20.7 NMAC - N, 9/14/2021]
15.11.20.8 ALCOHOLIC BEVERAGE DELIVERY PERMIT: An alcoholic beverage delivery permit
may be issued, at the discretion of the director, to the holder of a retailer’s, dispenser’s, craft distiller’s,
winegrower’s, small brewer’s, restaurant a, or restaurant b license upon submission of an application to the division.
A. For purposes of this section dispenser’s licenses shall include dispenser’s, inter-local dispenser’s,
canopy, and lottery licenses.
(1) Those licenses that no longer have package sales capabilities, for consumption off of the
licensed premises, to be limited in alcoholic beverage quantities established in Subsection B of 15.11.20.10 NMAC
and Subsection C of 15.11.20.10 NMAC.
(2) Nothing within these rules allows licensees to allow for to go sales of alcoholic beverages
for consumption off of the licensed premises, if the license does not allow for package sales.
B. The holder of an alcoholic beverage delivery permit may do the following:
(1) Deliver alcoholic beverages only in unbroken packages or sealed growlers;
(2) Deliver alcoholic beverages only within the geographical boundaries of the county and
the local option district the licensee is located, unless written approval to deliver into an adjoining county has been
given by the division;
(3) Deliver alcoholic beverages only during the hours allowd by the Act, based on the license
type; and
(4) Contract for the delivery of alcoholic beverages with the holder of a third-party delivery
license issued in accordance with the act.
C. The holder of an alcoholic beverage delivery permit:
(1) Shall receive payment for alcoholic beverages only at the licensed premises of the
licensee personally, telephonically, electronically, via website or application, or other internet platform;
(2) Shall not change the price charged for an alcholic beverage because it was purchased for
delivery, provided they may charge a separate delivery fee disclosed at the time of the purchase;
(3) Shall not delivery an alcoholic beverage to a business, a commercial establishment, a
college or university, or a school campus;
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 36 of 71
(4) Sh
all obtain valid proof of the delivery recipient’s identity and age and keep records of
such in accordance with 15.11.2.15 NMAC;
(5) Shall not deliver alcoholic beverages to intoxicated persons or to anyone unable to
demonstrate that they are 21 years of age or older; and
(6) Shall have only alcoholic beverages that have been puchased for delivery, in their
vehicle, while transporting alcoholic beverages for delivery.
D. If for any reason a delivery of alcoholic beverages cannot be completed, the alcoholic beverages
shall be returned to be entered into the licensee’s stock and the customer shall be refunded for the payment collected
prior to delivery.
E. Contracting with the holder of a third-party delivery license shall not be used as a means to
circumvent these rules.
[15.11.20.8 NMAC - N, 9/14/2021]
15.11.20.9 DELIVERY RESTRICTIONS AND REQUIREMENTS IN CLASS A COUNTIES:
A. The division shall follow the county classifications established by the local government division of
the department of finance and administration.
B. Licensees otherwise qualified to be issued an alcoholic beverage delivery permit, with an indoor
retail space greater than 10,000 square feet, located in a class A county shall:
(1) Use an identification verification system approved by the division. The system must
have the capabilities to establish identification of the purchaser was checked and scanned for each delivery and store
such informatio;
(2) Only sell for delivery beer and wine.
(3) Provide to the division proof of liquor liability endorsement in the amount of five million
dollars ($5,000,000) or greater; and
(4) Only utilize employees of the licensee for purposes of delivery of alcoholic beverages.
[15.11.20.9 NMAC - N, 9/14/2021]
15.11.20.10 DELIVERY RESTRICTIONS AND REQUIREMENTS FOR RESTAURANT LICENSES:
A. Restaurant licenses are limited to the delivery of alcoholic beverage types allowed by their license.
B. Alcoholic beverages shall only be delivered to customers concurrently with the delivery of a
minimum of ten dollars ($10.00) worth of food.
C. Delivery of alcoholic beverages to one location, during a three hour period of time, shall not
exceed:
(1) 750 milliliters of wine;
(2) six 12-ounce containers of prepackaged wine, beer, cider;
(3) three 12-ounce containers of manufacturer canned or bottled ready to drink cocktails
containing spiritous liquors with an alcoholic by volume of thirteen percent;
(4) one growler or crowler of product manufactured by a small brewer; or
(5) one howler of a cocktail, mixed by the licensee, containing no more than four and one-
half ounces of spiritous liquors, in order to comply with Paragraph (6) of Subsection F of Section 60-6A-4 NMSA
1978, of the act. The howlers used must contain the DBA of the licensee etched onto the glass or have the receipt
secured onto the container.
D. Contracting with the holder of a third-party delivery license shall not be used as a means to
circumvent these rules.
[15.11.20.10 NMAC - N, 9/14/2021]
15.11.20.11 THIRD-PARTY ALCOHOL DELIVERY LICENSE:
A. A person may be issued a third-party alcohol delivery license upon submission of a completed
application or renewal application to the division, on a form to be prescribed by the director. Applications and
renewal applications must be accompanied by:
(1) Documentation of delivery employees state issued server permits;
(2) Proof of general liability insurance coverage, providing coverage for employees and
independent contractors of applicant, in an amount of one million dollars ($1,000,000) or greater, per occurrence;
(3) Proof of applicant being authorized to do business in the state; and
(4) An examplar copy of a contract to be used between applicant and licensees holding
alcoholic beverage delivery permits, with executed contracts to be submitted after execution.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 37 of 71
B. The hol
der of a third-party alcohol delivery license may:
(1) Contract with licensees issued an alcholic beverage delivery permit for the purpose of
delivering alcoholic beverages to customers;
(2) Deliver alcoholic beverages, in accordance with the act and these rules, from a licensed
premises of a licensee to customers.
(3) Have in their possession only alcoholic beverages purchased by a customer and received
from a licensee’s stock.
C. If for any reason a delivery of alcoholic beverages cannot be completed, the alcoholic beverages
shall be returned to be entered into the licensee’s stock and the customer shall be refunded for the payment collected
prior to delivery.
D. A third-party alcohol delivery licensee shall not:
(1) Share in the profits of the sale of alcholic beverages with a licensee;
(2) Buy, hold or deliver alcoholic beverages under a third-party alcohol delivery license; or
(3) Assist licensees in the delivery of alcoholic beverages in violation of these rules.
(4) Nothing in this section shall preclude a third-party alcohol delivery licensee from holding
any other license issued pursuant to the Liquor Control Act.
[15.11.20.11 NMAC - N, 9/14/2021]
HISTORY OF 15.11.20 NMAC: [RESERVED]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 38 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 21 LICENSES AND PERMITS - APPLICATIONS
15.11.21.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.11.21.1 NMAC - Rp, 15 NMAC 11.2.1.1, 4/25/2017; A, 9/28/2021]
15.11.21.2 SCOPE: These rules apply to all licensees and applicants for licensure under the act.
[15.11.21.2 NMAC - Rp, 15 NMAC 11.2.1.2, 4/25/2017]
15.11.21.3 STATUTORY AUTHORITY: Sections 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.11.21.3 NMAC - Rp, 15 NMAC 11.2.1.3, 4/25/2017]
15.11.21.4 DURATION: Permanent.
[15.11.21.4 NMAC - Rp, 15 NMAC 11.2.1.4, 4/25/2017]
15.11.21.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.11.21.5 NMAC - Rp, 15 NMAC 11.2.1.5, 4/25/2017]
15.11.21.6 OBJECTIVE: This rule is intended to establish general standards for the application and
issuance of licenses under the act.
[15.11.21.6 NMAC - Rp, 15 NMAC 11.2.1.6, 4/25/2017]
15.11.21.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in this rule have the
same meanings as set forth in the act.
[15.11.21.7 NMAC - Rp, 15 NMAC 11.2.1.7, 4/25/2017]
15.11.21.8 LICENSE APPLICATION:
A. The director is authorized to prescribe all forms called for or required by the act or these rules. All
filings with the division shall be accompanied by such affidavits, documents, fees and other supporting data as the
director shall require.
B. All documents, records, affidavits, fees, supporting data or information requested by the division
with regard to any application shall be furnished within 30 days from the date requested by the division, or the
application may be disapproved, unless good cause is shown.
C. All applications for liquor licenses shall be made on the forms prescribed by the director whether
filed electronically, by mail or in person.
D. All substantially complete applications received shall be date and time stamped by the division.
Applications that are not substantially complete will not be processed and returned to the applicant with a notice of
all deficiencies.
[15.11.21.8 NMAC - Rp, 15 NMAC 11.2.1.8, 4/25/2017]
15.11.21.9 RESIDENT AGENT DESIGNATION:
A. Except for sole proprietors, every licensee shall designate a “resident agent” to accept service of
all orders and notices of the division. The resident agent must have:
(1) no conviction for:
(a) any felony in any jurisdiction, or
(b) two convictions for violations of the act within any twelve-month period;
(2) limited
power of attorney and authority to bind the applicant to matters related to liquor
sales and operations;
(3) authority and ability to accept service of all orders, subpoenas, notices and other legal
documents from the division, including any notice of charge pursuant to the act on behalf of its principal; and
(4) residency in the state of New Mexico.
B. To designate a resident agent, a licensee shall file, with the division, an application on division
forms. The designation of resident agent may be terminated upon written notification to the department by either the
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 39 of 71
licens
ee or the resident agent. A licensee shall have 10 days from the date of termination of the agency relationship
to file an application for a new resident agent. Any application filed more than 10 days from the date of termination
of the resident agent shall be accompanied by an additional fee as set forth at 15.11.26.9 NMAC.
C. A licensee may designate as many resident agents as it deems necessary for the operation of the
business.
D. The application fee for designation of each resident agent shall be as set forth at 15.11.26.9
NMAC.
E. The designation of a resident agent shall not relieve the licensee of any responsibilities or
liabilities to the division for violations or compliance with the act.
[15.11.21.9 NMAC - Rp, 15 NMAC 11.2.1.9, 4/25/2017]
15.11.21.10 DISCLOSURE OF OWNERSHIP:
A. Applicants must fully disclose all ownership interest in the liquor license, as required by
Subsection A of Section 60-6B-2 NMSA, upon application for a liquor license, or for transfer of ownership of a
liquor license, or for change in structure, or for lease of a license, by filing an application on forms prescribed by the
director.
B. The following shall be fully disclosed in writing to the division:
(1) if the licensee is a corporation or limited liability company, the principal officers,
directors, and each stockholder known to the corporation as owning more than ten percent of the stock in the
corporation, or the manager or members owning more than ten percent of the membership interests in the limited
liability company;
(2) if the licensee is a trust, the trustee and any persons entitled to receive regular and
substantial distributions of principal and income or benefit from the trust. The director may request a copy of the
trust agreement for review, but need not make the trust agreement part of the application;
(3) if the licensee is an association, all principal officers, and directors;
(4) if the licensee is a subsidiary, all principal officers, directors and stockholders of the
parent; however, in the case of a publicly traded corporation, only the names and addresses of those stockholders
known to the corporation to own ten percentor more of such securities need be disclosed;
(5) if the licensee is a partnership or joint venture, all of the general partners, limited partners
or joint venturers entitled to ten percent or more of the profits earned or other income paid by the partnership;
(6) if the parent company, general partner, limited partner or joint venturer of any licensee is
itself a corporation, limited liability company, trust, association, subsidiary, partnership or joint venture, then all of
the information required shall be disclosed for the entity as if it were itself a licensee, so that full disclosure of
ultimate ownership is achieved;
(7) if one person owns interests in a corporation, limited liability company, partnership, trust,
joint venture or as an individual, in any combination, that add up to ten percent or more of the total ownership of the
license; and
(8) The director may require disclosure of additional information to assure full disclosure of
the applicant’s structure and financial responsibility, including structure and financial arrangements enabling actual
control and profiting by ineligible persons or entities.
C. The director may determine that any or all of the documents required in Subsection B of
15.11.21.10 NMAC are confidential, and shall be returned to the applicant after sufficient division review and not
made a part of the application file. The application file shall note such determinations.
D. Percent ownership in stock of a corporation or other entity shall be determined based on the
percent ownership in the total amount of stock that has been issued, excluding treasury stock issued to the
corporation or other entity.
E. If any person or entity holding an office or an interest in the license that is required to be disclosed
has been convicted of a felony in any jurisdiction, it shall be disclosed.
F. If there is a change in any of the information required to be disclosed by statute or these rules, the
licensee shall provide the necessary information to the division within 30 days of the change unless earlier
disclosure or approval is required by the act or these rules.
[15.11.21.10 NMAC - Rp, 15 NMAC 11.2.1.10, 4/25/2017]
15.11.21.11 FINGERPRINTS:
A. Applicants shall provide fingerprints in compliance with Subsection B of Section 60-6B-2 NMSA
1978.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 40 of 71
B. Unles
s otherwise determined by the director, a licensee is not required to submit new fingerprints
when an application is filed for any of the following reasons:
(1) to add a licensee’s spouse to the license; however, the spouse must submit fingerprints;
(2) when a husband and wife are the licensees, to transfer the ownership interest of a
deceased licensee to his or her surviving spouse; however, if any part of the interest of the deceased spouse goes to
any person other than the surviving spouse, that person must submit fingerprints; or
(3) by a licensee with no prior arrest record to obtain an ownership interest in an additional
license or to lease another license.
C. Fingerprints shall be taken:
(1) under the supervision of, and certified by a New Mexico state police officer, a county
sheriff or a municipal chief of police, or, if a nonresident, under the supervision and certification of comparable
officers in the applicant's state of residence; or
(2) in the discretion of the division, by a private agency qualified to take and certify
fingerprints, provided the private agency submits to the division written authorization from any of the agencies
referenced in Paragraph (1) of Subsection C of 15.11.21.11 NMAC.
D. Any applicant required to submit fingerprints must separately submit a completed personal data
affidavit page of the application for liquor license, current within one year from the date the application is submitted.
E. If the applicant is a publicly traded corporation, no fingerprints or affidavits shall be required, and
no further disclosure shall be required beyond the requirements of Subsection B of 15.11.21.10 NMAC.
F. Where each applicant required to be fingerprinted by these rules submits a sworn and notarized
affidavit stating that he or she has not been convicted of a felony in any jurisdiction and pending the results of
background investigations, a temporary license for 90 days may be issued if the applicant satisfies all other
application requirements.
G. An applicant who files a false affidavit shall be denied a license, and any false affidavit is grounds
for revocation of a license.
[15.11.21.11 NMAC - Rp, 15 NMAC 11.2.1.11, 4/25/2017]
15.11.21.12 LICENSED PREMISES:
A. The applicant shall provide the division with proof of the applicant’s right to sole occupancy of
the real property or the portion of the real property where the proposed license is to be operated in the form of a
valid lease, deed, management agreement, or an equivalent legal document in the name of the applicant. All
documents submitted must be fully executed and dated.
B. Upon request, the applicant shall provide the division with proof of the current owner of record for
the real property or portion thereof.
C. Floor plans for the controlled access area within the licensed premises must be provided showing
the entrances and exits, kitchen, storage, sale, service and consumption areas. All areas must be clearly labeled on 8
and ½ by 11 inch paper, either hand-drawn or professionally rendered.
D. Floor plans must show:
(1) every level of the controlled access area of a licensed premises including the square
footage for the controlled access area of the licensed premises as a whole, and separately for each level and for any
patio;
(2) all clearly labeled areas where alcoholic beverages are sold, served or consumed;
(3) an exterior footprint of the licensed premises, including any patios, fences, walls, and
dimensions;
(4) if the applicant is a hotel whose entire establishment will be the licensed premises, floor
plans must be submitted for each floor where public rooms in which alcoholic beverages will be sold, served or
consumed are located, clearly designating the public rooms;
(5) the interior and exterior premises through photographic pictures, if requested by the
director; and
(6) orientation of the premises relative to the nearest streets and to at least one cardinal
direction.
E. In the event that the premises are proposed for a structure to be built, the applicant shall provide
sufficient architectural plans that reflect the exact location and layout of the structures and patios to serve as the
controlled access area of the licensed premises.
[15.11.21.12 NMAC - Rp, 15 NMAC 11.2.1.12, 4/25/2017; A, 9/28/2021]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 41 of 71
15.11.21.13 LEA
SES OF LIQUOR LICENSES:
A. A person who operates a liquor license under a lease agreement with the licensee must be a
licensed “agent lessee”. The agent lessee compensates the licensee for use of the license and is entitled to all profits,
and is responsible for all losses, from the operation of the license.
B. To designate an agent lessee there shall be filed with the division such fees, forms, documents and
information as are required by the division. The lease agreement must contain provisions that the license is leased in
its entirety.
C. The designation of an agent lessee shall not require posting of the licensed premises or a hearing
by the state or local governing body, if the license to be leased is located at the latest approved licensed premises for
the license.
D. The designation of agent lessee may be terminated by mutual written agreement between the
parties, by court order or in accordance with terms of the lease agreement.
E. The division will not approve the designation of any person as agent lessee who does not possess
the same qualifications required of persons to obtain a license under the act.
F. An application fee of two hundred fifty dollars ($250) will be paid for each designation of agent
lessee.
G. The designation of an agent lessee shall not relieve the licensee of any responsibilities or liabilities
to the division for violations or compliance with the act.
H. A lease of a license will not be approved when the licensee is delinquent in the payment of any
taxes, fees, fines, costs or penalties collected by the state of New Mexico, the liability for which arises out of the
exercise of the privilege of a liquor license; or if citations for violations of the act issued more than three months
prior to the date of the lease application are unresolved at the time of filing the lease application, unless the licensee
and the division are involved in a formal administrative or judicial resolution process.
[15.11.21.13 NMAC - Rp, 15 NMAC 11.2.1.13 4/25/2017]
15.11.21.14 COMPLIANCE WITH FEDERAL LAW
Applicants, including but not limited to, applicants to either manufacture or sell alcohol as a wholesaler,
must submit proof of compliance with all applicable federal laws pertaining to liquor licensure, including, but not
limited to, all necessary permits approved by the United States department of the treasury, alcohol and tobacco tax
and trade bureau.
[15.11.21.14 NMAC - N, 4/25/2017]
15.11.21.15 GROUNDS FOR DENIAL OF LICENSES: The director may deny any application on any of
the following grounds:
A. failure to satisfy any of the applicable requirements of this part upon final review;
B. any fraudulent statement or evidence submitted in connection with an application;
C. upon finding that prior violations demonstrate a pattern or practice of violations contrary to public
health and safety and the purposes of the act;
D. if granting of an application would result in a person holding a ten percent or more interest in a
license when such person would not satisfy the requirements of Section 60-6B-1 NMSA 1978;
E. if granting the application is contrary to the public health, safety, or morals; or
F. if the application does not include all completed pages of the required form, all necessary fees,
corporate documents, conveyance instruments, fingerprint cards, zoning clearances, and affidavits regarding
distances from a church or school that will require waivers from the local governing body and waivers.
[15.11.21.15 NMAC - N, 4/25/2017; A, 5/30/2017]
HISTORY OF 15.11.21 NMAC:
Pre-NMAC Regulatory Filing History: The material in this part was derived from that previously filed with the
State Records Center and Archives under:
ABC Regulation No. 3A-2.(A), Agency Responsibility of License Regulation 3A-2.(A), Interpreting and
Exemplifying Section 60-3A-2 NMSA 1978 (1981 and 1984 Supp.), filed 1/18/1985;
AGD 3A-2(A), Agency Responsibility of License, filed 9/25/1990;
ABC Regulation No. 6B-2.(C), Completion of Application Regulation 6B-2.(C), Interpreting and Exemplifying
Section 60-6B-2 NMSA 1978 (1981-1984 Supp.), filed 11/4/1985;
AGD 6B-2(B), Completion of Application, filed 9/25/90; AGD 6B-2(F), Disclosure of Ownership, filed 9/25/1990;
AGD 4B-5(A), Forms, filed 9/25/1990.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 42 of 71
Hist
ory of Repealed Material:
AGD Regulation 6B-2(D), Random Drawing, filed with the State Records Center and Archives on 9/25/1990, has
been repealed.
15 NMAC 11.2.1, Licenses and Permits - Applications, filed 3/14/1997 - Repealed effective 4/25/2017.
Other History:
15 NMAC, 11.2.1, Licenses and Permits - Applications, filed 3/14/1997 was replaced by 15.11.21 NMAC, Licenses
and Permits - Applications, effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 43 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 22 LICENSES AND PERMITS - RENEWAL AND SUSPENSION
15.11.22.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.11.22.1 NMAC - Rp, 15 NMAC 11.2.2.1, 4/25/2017; A, 9/28/2021]
15.11.22.2 SCOPE: These rules apply to all licensees under the act.
[15.11.22.2 NMAC - Rp, 15 NMAC 11.2.2.2, 4/25/2017]
15.11.22.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.11.22.3 NMAC - Rp, 15 NMAC 11.2.2.3, 4/25/2017]
15.11.22.4 DURATION: Permanent.
[15.11.22.4 NMAC - Rp, 15 NMAC 11.2.2.4, 4/25/2017]
15.11.22.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.11.22.5 NMAC - Rp, 15 NMAC 11.2.2.5, 4/25/2017]
15.11.22.6 OBJECTIVE: These rules are intended to establish standards for the renewal and suspension of
licenses issued under the act.
[15.11.22.6 NMAC - Rp, 15 NMAC 11.2.2.6, 4/25/2017]
15.11.22.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in this rule have the
same meanings as set forth in the act.
[15.11.22.7 NMAC - Rp, 15 NMAC 11.2.2.7, 4/25/2017]
15.11.22.8 RENEWAL OF LICENSE:
A. A complete renewal application, including a current and accurate list of servers and the payment
of all applicable fees for renewal, shall be filed with the division as follows:
(1) Retailer’s, dispenser’s and direct ship license renewal applications must be postmarked or
filed in person with the division on or before April 1 of each year.
(2) Wholesaler’s, manufacturer’s, restaurant and club license renewal applications must be
postmarked or filed in person with the division on or before August 1 of each year.
(3) Non-resident licenses and common carrier registrations must be postmarked or filed in
person with the division on or before April 1 every third year.
(4) All other licenses, including but not limited to, limited wine and beer wholesaler’s, wine
bottler’s, public service, governmental, winegrower’s, wine blender’s, brandy manufacturer’s, wine exporter’s,
small brewer’s, beer bottler’s, craft distiller, third-party delivery and wine wholesaler’s license renewal applications
must be postmarked or filed in person with the division on or before December 1 of each year that the license is up
for renewal.
B. A renewed license will not be issued in the situations listed in Paragraphs (1) through (6), below:
(1) The licensee is delinquent in the payment of any taxes, fees, fines, costs or penalties
collected by the state of New Mexico, the liability for which arises out of the exercise of the privilege of a liquor
license.
(2) If citations for violations of the act issued more than three months prior to the filing date
for renewal applications are unresolved at the time of filing the renewal application, unless the licensee and the
division are involved in a formal administrative or judicial resolution process; in such event, the division shall issue
a temporary license until the citation is fully adjudicated.
(3) For non-resident licensees and every wholesaler or rectifier selling or shipping alcoholic
beverages to a New Mexico wholesaler, failure to file duplicate invoices with the division that satisfy the
requirements of Subsection D of Section 60-6A-7 NMSA 1978. The director may waive this renewal condition. To
facilitate compliance, the division shall maintain an electronic mail address identified on a website maintained by
the division where licensees may file such invoices.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 44 of 71
(4) For
non-resident licensees, failure to file certificates of label approval as required under
federal law. The director may waive this renewal condition. To verify compliance, division staff may conduct
regular searches of certificates filed with private entities that maintain databases searchable via the internet.
(5) any material false statement or concealment of any material facts on the renewal
application, or
(6) any other good cause, as determined by the director based upon substantial evidence.
C. All licensees who fail to renew their licenses or who are not issued a renewed license shall
suspend all alcoholic beverage operations until such time as a renewed license is issued and displayed on the
licensed premises. A temporary suspension must be obtained if the license ceases to operate for more than 10
consecutive days.
D. A license that is in litigation or bankruptcy at the time of renewal shall be renewed in the same
manner as other licenses. Licenses shall be renewed in the name of the licensee shown on division records,
regardless of who pays the renewal fee.
E. Any licensee that fails to apply for renewal of its license as required by the act and this rule will be
subject to the fines and penalties set forth in 15.10.61 NMAC.
F. The licensee shall provide the division with a current floor plan of the licensed premises for
approval pursuant to Subsection D of 15.11.21.12 NMAC within 30 days of the director’s request.
[15.11.22.8 NMAC - Rp, 15 NMAC 11.2.2.8, 4/25/2017; A, 9/28/2021]
15.11.22.9 LATE RENEWAL OF LICENSE:
A. Any licensee who fails to submit a properly completed renewal application, including all
applicable fees, by the renewal deadline must pay a late renewal fee in the amount of three hundred fifty dollars
($350) plus ten dollars ($10) per day for each additional day the renewal application is late.
B. The division may waive late fees if the licensee shows good cause for not filing a timely renewal
application, taking into consideration hardship to the licensee, and whether the licensee filed a late renewal
application the preceding five years. Except for licenses transferable under the act, including retailer and dispenser
licenses, any license not renewed shall be subject to cancellation and shall not be reinstated, unless the renewal
application is filed with the division within 12 months of the expiration date of the license. All applicable filing
fees, taxes charged against the license, and other fees owed to the state of New Mexico must be paid and all citations
must be resolved prior to a license being reinstated, unless the licensee and the division are involved in a formal
administrative or judicial resolution process. A licensee who fails to get its license reinstated following expiration
may apply for a new license by filing an application with the division.
[15.11.22.9 NMAC - Rp, 15 NMAC 11.2.2.9, 4/25/2017]
15.11.22.10 SUSPENSION:
A. Upon application to the division, licenses may be temporarily suspended from operation as
provided in the act for up to one year at a time.
B. All applications for a temporary suspension from the operation of the liquor license, together with
a filing fee of twenty dollars ($20), must be filed with the division upon the cessation of business for more than 10
consecutive days. Any application for suspension filed after the license has ceased operation for more than 10 days
or after the expiration of a prior approved suspension, shall pay an additonal flat fee of fifty dollars ($50).
C. No licensee shall resume operations prior to the date granted by the director as the ending day of
suspension, without prior written notice.
D. A temporary suspension may be extended beyond one year upon separate application of the
licensee at the discretion of the director if good cause is shown.
E. A license that is temporarily suspended under this subpart shall be considered to be engaged in
business for the duration of such suspension for purposes of Section 60-6B-7, NMSA 1978.
F. A license in suspension remains subject to all renewal requirements.
[15.11.22.10 NMAC - Rp, 15 NMAC 11.2.2.10, 4/25/2017]
HISTORY OF 15.11.22 NMAC:
Pre-NMAC Regulatory Filing History: The material in this part was derived from that previously filed with the
State Records Center and Archives under:
ABC Regulation No. 6B-5(A), Renewals of Licenses Regulation 6B-5(A), Interpreting and Exemplifying Section
60-6B-5 NMSA 1978 (1981-1984 Supp.), filed 11/4-1985;
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 45 of 71
ABC
Regulation No. 6B-5(B), Renewal of Licenses Subject to Litigation Regulation 6B-5(B), Interpreting and
Exemplifying Section 60-6B-5 NMSA 1978 (1981-1984 Supp.), filed 11/4/1985;
AGD Regulation 6B-5, Renewals of Licenses, filed 9/25/1990; and
AGD Regulation 6B-7, Temporary Suspension, filed 9/25/1990.
History of Repealed Material:
15 NMAC 11.2.2, Licenses and Permits - Renewal and Suspension, filed 3/4/1997 - Repealed effective 4/25/2017.
Other History:
15 NMAC 11.2.2, Licenses - Permits - Renewal and Suspension, filed 3/14/1997 was replaced by 15.11.22 NMAC,
Licenses - Permits - Renewal and Suspension, effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 46 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 23 LICENSES AND PERMITS – CHANGE IN LICENSEE
15.11.23.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.11.23.1 NMAC - Rp, 15 NMAC 11.2.3.1, 4/25/2017; A, 9/28/2021]
15.11.23.2 SCOPE: These rules apply to all licensees and applicants for licensure under the act, and to
persons who obtain possession of a liquor license through death, foreclosure or bankruptcy.
[15.11.23.2 NMAC - Rp, 15 NMAC 11.2.3.2, 4/25/2017]
15.11.23.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.11.23.3 NMAC - Rp, 15 NMAC 11.2.3.3, 4/25/2017]
15.11.23.4 DURATION: Permanent.
[15.11.23.4 NMAC - Rp, 15 NMAC 11.2.3.4, 4/25/2017]
15.11.23.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.11.23.5 NMAC - Rp, 15 NMAC 11.2.3.5, 4/25/2017]
15.11.23.6 OBJECTIVE: This rule is intended to establish criteria and procedures for reporting changes in
ownership, structure, or name of a licensee, including changes or transfers resulting from death, foreclosure or
bankruptcy of a licensee, and transfers within a local option district.
[15.11.23.6 NMAC - Rp, 15 NMAC 11.2.3.6, 4/25/2017]
15.11.23.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in this rule has the
same meanings as set forth in the act.
[15.11.23.7 NMAC - Rp, 15 NMAC 11.2.3.7, 4/25/2017]
15.11.23.8 CHANGE OF OWNERSHIP:
A. All licensees must notify the division of any reportable change of ownership of the licensee or
agent lessee by filing an application for change in ownership with the division, together with the filing fee shown on
the fee schedule of these rules. The division shall determine whether the reportable change of ownership requires an
application for change in ownership or an application for change in structure.
B. A reportable change of ownership in a transferrable license arises when any of the following
events occurs since the last application was filed with the division:
(1) if the licensee is a corporation: when a total of ten percent or more of its stock is
transferred, when an existing stockholder previously not disclosed, pursuant to Section 60-6B-2 of the act, NMSA
1978, now holds ten percent or more stock in licensee or when there is a merger or consolidation of the licensee with
another entity;
(2) if the licensee is a limited liability company: when ten percent or more of the
membership interests are transferred, when an existing member previously not disclosued, pursuant to Section 60-
6B-2 of the act, NMSA 1978, now holds ten percent or more of the membership interest in licensee or when there is
a merger or consolidation of the licensee with another entity;
(3) if the licensee is a general partnership: when there is any change or removal of any
general partners;
(4) if the licensee is a limited partnership: when there is any change of general partners, or
any change of limited partners contributing ten percent or more of the total value of the contributions made to the
limited partnership or any change in the limited partners entitled to ten percent or more of the profits earned, or other
compensation by way of income paid by the limited partnership;
(5) if the licensee is a trust: when there is any change in the trustees or beneficiaries; or
(6) if the licensee is any other legal entity that is not a corporation, limited liability company,
general partnership, or limited partnership: any person or entity becomes the owner of ten percent or more interest
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 47 of 71
thro
ugh one or more transactions or when a total of ten percent or more interest in the licensee entity or license has
been transferred.
[15.11.23.8 NMAC - Rp, 15 NMAC 11.2.3.8, 4/25/2017; A, 9/28/2021]
15.11.23.9 REPORTABLE CHANGE IN STRUCTURE:
A. All licensees must notify the division of reportable changes in the structure of the licensee by
filing an application with the division, together with the filing fee shown on the fee schedule of these rules.
B. A change in structure arises when the persons or entities with ultimate ownership interests in a
license do not change, but the means by which they exercise control will change. A reportable change in structure is
limited to any of the following events:
(1) any change of manager;
(2) any change in a principal officer or directors of a licensee that is a corporation or limited
liability company;
(3) any change in the legal entity under which the licensee operates, for example, an
individual licensee changing to a corporation which is wholly-owned by the same licensee or between corporate
entities wholly owned by the same licensee;
(4) any change in general partners, or in limited partners who already own ten percent or
more, of a partnership;
(5) any change in ownership between the shareholders who continue to own ten percent or
more of any corporate entity;
(6) a change in subsidiary ownership within the same parent company;
(7) any change in the trustee or beneficiary of a trust who has control over trust property and
income or receives substantial and regular distributions from the trust; or
(8) when a manager, principal officer or director, shareholders or partners appoint a power of
attorney in relation to the license.
C. A reportable change of structure required by this section does not require a hearing by the division
or by the local governing body. A reportable change of structure may require compliance with Section 60-6B-2 of
the act, NMSA 1978.
D. The division must be notified within 30 days of a reportable change in structure by filing
application for change of structure and providing all documents and information the division deems necessary to
ensure full disclosure and qualification of all persons and entities.
[15.11.23.9 NMAC - N, 4/25/2017; A, 9/28/2021]
15.11.23.10 PROHIBITED CHANGES IN OWNERSHIP OR STRUCTURE:
A. A person may not hold a ten percent or more interest in a license when such person would not
satisfy the requirements of Sections 60-6B-1 or 60-6B-1.1 NMSA 1978.
B. A noncitizen may hold an interest in a license, subject to other qualifications provided in the act
and these rules, unless the director determines that holding such interest in a license would be contrary to the public
health, safety and morals of the state, or any community therein.
C. This rule does not authorize the transfer of any stock or other ownership interest of any licensee
whose license is not otherwise transferable under the provisions of the act.
D. The director, upon notification of any change in ownership or structure, may require any entity or
person who has obtained an interest in any license, or other entity, to complete and provide all documents and
information the director deems necessary to ensure full disclosure and qualification of all persons and entities.
E. No license will be issued when the applicant is delinquent in the payment of any taxes, fees, fines,
costs or penalties collected by the state of New Mexico, the liability for which arises out of the exercise of the
privilege of a liquor license; or if citations for violations of the act are unresolved at the time of filing the
application.
[15.11.23.10 NMAC - N, 4/25/2017]
15.11.23.11 CORPORATION NAME CHANGE; BUSINESS NAME CHANGE:
A. A licensee that is a corporation that changes the name of the corporation must file a written
notification with the division, together with a fee of fifty dollars ($50). The licensee must also file with the division
a copy of the certificate of the amended articles of incorporation issued by the state in which the corporation was
formed reflecting the name change. The name change must also be registered with the state of New Mexico.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 48 of 71
B. Any
licensee that changes the doing business name under which it operates a liquor license must
file an application for change of DBA (“doing business as”) name with the division together with the application
filing fee.
C. If the division deems the name change acceptable, the division shall change the name on its
records and issue a license which reflects the new name. The licensee may not use the new name until a license is
issued.
D. Upon receipt of the license reflecting the new name, the licensee shall return the old license to the
division.
[15.11.23.11 NMAC - Rp, 15 NMAC 11.2.3.9, 4/25/2017]
15.11.23.12 TRANSFER OR CHANGE OF OWNERSHIP UPON DEATH, FORECLOSURE, OR
BANKRUPTCY:
A. Dispenser's licenses and retailer's licenses may be transferred as personal property upon
attachment, execution, repossession by a secured party or lien holder, foreclosure by a creditor, appointment of a
receiver for the licensee, death of the licensee, filing of a petition of bankruptcy by or for the licensee, incapacity of
the licensee or dissolution of the licensee.
B. Any receiver, trustee, conservator, personal representative, special master or other person who
obtains control over a license, shall notify the division within 30 days of his or her appointment by filing an
application including fees and providing the division with all relevant documents relating to the appointment, which
may include but not be limited to, death certificates, wills, and court orders.
C. The division will presume that such person or entity will intend to operate said license if the
license is not placed into voluntary suspension pursuant to Section 60-6B-7 NMSA 1978 within 30 days of the event
that resulted in possession, except in cases where the person or entity is:
(1) a special master appointed by a court; or
(2) a financial institution.
D. Any subsequent transfer by a person who obtains possession of a license because of circumstances
described in this section shall be subject to all provisions of the act relating to the transfer of licenses.
E. No license will be issued when the applicant is delinquent in the payment of any taxes, fees, fines,
costs or penalties collected by the state of New Mexico, the liability for which arises out of the exercise of the
privilege of a liquor license; or if citations for violations of the act are unresolved at the time of filing the
application.
[15.11.23.13 NMAC - Rp, 15 NMAC 11.2.3.10, 4/25/2017]
15.11.23.13 SERVER REPORTS: Licensees must submit reports quarterly to the department listing all
servers employed by the licensee in the previous quarter.
[15.11.23.13 NMAC - Rp, 15 NMAC 11.2.3.11, 4/25/2017]
HISTORY OF 15.11.23 NMAC:
Pre-NMAC History: The material in this subpart was derived from that previously filed with the State Records
Center and Archives under:
AGD Regulation 6B-6(A), Change of Ownership of Corporate License, filed 9/25/1990;
AGD Regulation 6B-6(B), Change of Ownership of Limited Partnership, filed 9/25/1990;
AGD Regulation 6B-6(C), Change of Ownership, filed 9/25/1990; and
AGD Regulation 6B-6(D), Corporation Name Change, filed 9/25/1990.
History of Repealed Material:
15 NMAC 11.2.3, Licenses And Permits - Change in Licensee, filed 3/14/1997 - Repealed effective 4/25/2017.
Other History:
15 NMAC 11.2.3, Licenses And Permits - Change in Licensee, filed 3/14/1997 was replaced by 15.11.23 NMAC,
Licenses And Permits - Change in Licensee, effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 49 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 24 LICENSES AND PERMITS - RESTAURANT LICENSE
15.11.24.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.11.24.1 NMAC - Rp, 15 NMAC 11.2.4.1, 4/25/2017; A, 9/28/2021]
15.11.24.2 SCOPE: These rules apply to all restaurant licensees and applicants for restaurant licensure under
the act.
[15.11.24.2 NMAC - Rp, 15 NMAC 11.2.4.2, 4/25/2017]
15.11.24.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.11.24.3 NMAC - Rp, 15 NMAC 11.2.4.3, 4/25/2017]
15.11.24.4 DURATION: Permanent.
[15.11.24.4 NMAC - Rp, 15 NMAC 11.2.4.4, 4/25/2017]
15.11.24.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.11.24.5 NMAC - Rp, 15 NMAC 11.2.4.5, 4/25/2017]
15.11.24.6 OBJECTIVE: These rules are intended to establish additional standards applicable to persons
obtaining restaurant licenses under the act.
[15.11.24.6 NMAC - Rp, 15 NMAC 11.2.4.6, 4/25/2017]
15.11.24.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms in this part has the same
meaning as set forth in the act.
[15.11.24.7 NMAC - Rp, 15 NMAC 11.2.4.7, 4/25/2017]
15.11.24.8 LIMITATIONS ON RESTAURANT LICENSE TYPES: A person holding a restaurant with
beer and wine license or a restaurant with spirits license is subject to the following limitations:
A. The primary source of revenue for a restaurant holding any restaurant license must be the sale of
food, meaning that sixty percent or more of the gross receipts must be derived from the sale of food, not alcoholic
beverages, which must be demonstrated to the satisfaction of the division upon renewal of the license.
B. All restaurant licensees are prohibited from selling alcoholic beverages for consumption off the
licensed premises except as provided by Subsection D of 15.10.51.9 NMAC or, when issued an alcoholic beverage
delivery permit, through appropriate delivery methods.
C. All restaurant licensees are prohibited from serving alcoholic beverages after the restaurant ceases
the sale of food or 11:00 p.m., whichever is earlier.
D. A restaurant with beer and wine license is non-transferable from person to person or from location
to location. A restaurant with spirits license is non-transferable from person to person, but may be transferred from
location to location within its local option district.
E. The sale of alcohol through a restaurant beer and wine license is limited to beer and wine, unless
the restaurant a licensee has applied for and been granted a New Mexico spiritious liquors permit. A New Mexico
spiritous liquors permit holder may sell beer, wine, and spirits made by a New Mexico craft distiller.
F. A restaurant may only purchase alcohol through a duly licensed wholesaler, except that a
restaurant licensee that also holds a small brewer’s or winegrower’s license may be duly licensed as a wholesaler,
solely for the purpose of selling beer or wine to the licensee’s restaurant that it has manufactured through its own
license.
[15.11.24.8 NMAC - N, 4/25/2017; A, 9/28/2021]
15.11.24.9 APPLICATION FOR ALL RESTAURANT LICENSE TYPES: An applicant for any
restaurant license shall satisfy the director that the applicant is a restaurant as defined in these rules and its primary
purpose is not the sale or service of alcohol, by submitting the following:
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 50 of 71
A. Docu
mentation showing that the applicant holds a valid food service establishment permit, and
has a dining room and a kitchen for preparation of food for on premises consumption. Documentation shall include
photos of kitchen equipment.
B. A menu showing that the food items available are not fast foods, consistent with the definition of a
restaurant as defined in these rules. The menu must contain entrees that are available during all usual and customary
hours of operation, and identify the hours of operation.
C. A detailed floor plan and photos of the proposed licensed premises that depicts and labels all areas
of the restaurant including, but not limited to the kitchen, dining, storage and patio areas. Outdoor patios must be
enclosed by a fence or wall to physically separate the outdoor portion of the controlled access area from the
surrounding area. The enclosure must enclose the majority of the outdoor patio, but may have a small opening or a
gate to allow patrons to enter and exit, unless the director finds good cause to require the patio to be completely
enclosed or to waive this requirement subject to any necessary restrictions where the outdoor patio areas are sited
within a licensed premise comprised of areas and facilities, provided that the totality of the controlled access area of
the licensed premise is physically or otherwise appropriately separated from the surrounding areas. The enclosure
for an outdoor area does not have to be permanent, but the enclosure must be erected any time alcoholic beverages
are being served to patrons seated in the outdoor patio.
D. Except for food counters where patrons may sit to order food and drinks, a restaurant may not
have any counters dedicated primarily to the display, service, or consumption of alcoholic beverages, with incidental
food service; and.
E. All areas of the licensed premises must have food service as the primary commercial purpose.
[15.11.24.9 NMAC - N, 4/25/2017A, 9/28/2021]
15.11.24.10 REQUIREMENTS FOR RENEWAL:
A. In addition to any applicable requirements in 15.11.21 NMAC, the director shall condition
renewal of a restaurant license upon a requirement that at least sixty percent of the preceding year’s gross receipts
were derived from the sale of food and submission of documentation to that effect.
B. For annual renewal, a licensee shall submit a signed, notarized affidavit showing the total gross
receipts, the gross receipts from the sale of food and the gross receipts from the sale of alcoholic beverages.
C. The director may require additional documentation, including, but not limited to, sales invoices
and filings with the New Mexico taxation and revenue department, and may inspect the financial records of the
licensee that relate to the operation of the restaurant.
[15.11.24.10 NMAC - N, 4/25/2017]
HISTORY OF 15.11.24 NMAC:
Pre-NMAC Regulatory Filing History: The material in this part was derived from that previously filed with the
State Records Center and Archives under:
ABC Regulation No. 6A-4, Restaurant License Regulation 6A-4, Interpreting and Exemplifying Section 60-6A-4
NMSA 1978 (1981 Supp.), filed 12/3/1981;
ABC Regulation No. 6A-4(A), Restaurant License Regulation 6A-4(A), Interpreting and Exemplifying Section 60-
6A-4 NMSA 1978 (1981-1984 Supp.), filed 11/4/1985; and
AGD 6A-4, Restaurant License, filed 9/25/1990.
History of Repealed Material:
15 NMAC 11.2.4 Licenses And Permits - Restaurant License, filed 3/14/1997 - Repealed effective 4/25/2017.
Other History:
15 NMAC 11.2.4, Licenses And Permits – Restaurant License, filed 3/14/1997 was replaced by 15.11.24 NMAC,
Licenses And Permits – Restaurant License, effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 51 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 25 LICENSES AND PERMITS - SPECIAL DISPENSER AND PUBLIC CELEBRATION
PERMITS
15.11.25.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.11.25.1 NMAC - Rp, 15 NMAC 11.2.5.1, 4/25/2017; A, 9/28/2021]
15.11.25.2 SCOPE: These rules apply to all licensees under the New Mexico Liquor Control Act.
[15.11.25.2 NMAC - Rp, 15 NMAC 11.2.5.2, 4/25/2017]
15.11.25.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.11.25.3 NMAC - Rp, 15 NMAC 11.2.5.3, 4/25/2017]
15.11.25.4 DURATION: Permanent.
[15.11.25.4 NMAC - Rp, 15 NMAC 11.2.5.4, 4/25/2017]
15.11.25.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.11.25.5 NMAC - Rp, 15 NMAC 11.2.5.5, 4/25/2017]
15.11.25.6 OBJECTIVE: This rule is intended to establish standard procedures for obtaining and operating
special dispensers' permits and public or private celebration permits.
[15.11.25.6 NMAC - Rp, 15 NMAC 11.2.5.6, 4/25/2017; A, 5/30/2017; A, 9/28/2021]
15.11.25.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in these rules have the
same meanings as set forth in the Liquor Control Act.
[15.11.25.7 NMAC - Rp, 15 NMAC 11.2.5.7, 4/25/2017]
15.11.25.8 SPECIAL DISPENSER’S PERMIT:
A. A special dispenser’s permit may be issued, at the discretion of the director, to the holder of a
dispenser's, rural dispenser’s, interlocal dispenser’s, lottery, or canopy license which is not in suspension for any
reason on application submitted to the division at least ten days prior to the event.
(1) Permits for applications received less than ten days prior to June 30, for events to be held
after July 1, will not be issued until after July 1 to ensure that the license has been renewed.
(2) Applications must have an original signature, or electronic signature pursuant to Section
14-16-1 et seq., NMSA 1978, accompanied by the required fee and all required information before they will be
processed. Incomplete applications will be returned to the applicant.
(3) All fees submitted are non-refundable, regardless of whether the permit has been issued,
the event is postponed, or the event is cancelled for any reason.
(4) No permit shall be issued for more than twelve hours on any single day.
B. For an event in a local option district in which Sunday sales of alcoholic beverages are not
otherwise permitted, the application is limited to sales and service of beer and wine, and must be accompanied by a
grant of concession from the body in charge of the public celebration or catered event after a resolution by the local
option district pursuant to Section 60-6A-12 NMSA 1978.
C. The application for a special dispenser’s permit must be accompanied by written permission from
the governing body of the local option district where the public or private event is held.
D. The application must contain a floor plan of the location of the celebration or event that is
compliant with Subsections C and D of 15.11.21.12 NMAC.
E. Special dispenser’s permits will not be issued for more than three consecutive days, unless the
director shall find good cause to justify a longer period. A separate application fee must be paid for each day
requested. No permit will be issued for more than twelve hours on a single day.
F. The application shall contain a statement of the number of people expected to consume alcoholic
beverages and the number, placement and assigned duties of security personnel to ensure compliance with the liquor
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 52 of 71
contro
l act and these rules. If the director deems the security plan insufficient, the director may deny the permit or
require additional security measures as a condition of approval.
G. The licensee must be the holder of a valid dispenser's, rural dispenser’s, interlocal dispenser’s,
lottery, or canopy license, and authorized to sell or serve alcoholic beverages in the local option district where the
public or private event to be catered is to be held.
H. No alcoholic beverages shall be sold or served in unbroken packages or for consumption off the
area authorized by the special dispenser’s permit.
I. Special dispenser’s permits shall not be issued for an existing licensed premises unless the license
on the licensed premises is in voluntary suspension or the director is satisfied the portion of the licensed premises
covered by the special dispenser’s permit can be separated to clearly identify and provide for two separate
operations.
J. Special dispenser’s permits shall not be issued to the holder of a rural dispenser’s license for a
function or event which is located within 10 miles of another licensed premises.
K. A copy of the approved special dispenser’s permit and the posters required by 15 11.2.9 NMAC
must be prominently displayed at the bar station on the specially licensed premises, together with a current list of
servers.
[15.11.25.8 NMAC - Rp, 15 NMAC 11.2.5.8, 4/25/2017]
15.11.25.9 SMALL MANUFACTURER’S PRIVATE CELEBRATION PERMITS:
A. A small brewer, winegrower or craft distiller may apply for a private celebration permit for a
private event, in which the organizers of the event wish for alcoholic beverages to be sold, served, and consumed by
guests, provided that the license is not in suspension and the licensee submits the application at least 10 days prior to
the event, subject to the following requirements:
(1) Permits for applications received less than seven days prior to February 28th for events to
held after March 1st may not be issued until after March 1st to ensure that the license has been renewed;
(2) Applications must have an original signature, or electronic signature pursuant to Section
14-16-1 et seq., NMSA 1978, accompanied by the required fee and all required information before they will be
processed. Incomplete applications will be returned to the applicant.
(3) All fees submitted are non-refundable, regardless of whether the permit has been issued,
the event is postponed, or the event is cancelled for any reason.
B. The application for a private celebration permit must be accompanied by written permission from
the governing body of the local option district where the private celebration is held.
C. The application must contain a diagram, site plan or floor plan of the location of the celebration or
event that complies with the requirements of Subsections C and D of 15.11.21.12 NMAC, and which designates the
location where alcoholic beverages will be dispensed and consumed. The applicant may be requested by the
director to submit submit photographs or electronic images of the proposed location.
D. Private celebration permits will not be issued for more than three consecutive days, unless the
director finds good cause to justify a longer period. A separate application fee must be paid for each day requested.
No permit will be issued for more than 12 hours on a single day.
E. The application shall contain a statement of the number of people expected to consume alcoholic
beverages and a plan for security, including appropriate number, placement and assigned duties of security
personnel, to ensure compliance with the liquor control act and these rules. If the director deems the security plan
insufficient, the director may deny the permit or require additional security measures as a condition of approval.
F. Private celebration permits shall not be issued for an existing licensed premises unless the license
on the licensed premises, or the appropriate portion of the licensed premises, is in voluntary suspension.
G. A copy of the private celebration permit and the posters required by 15.11.2.9 NMAC must be
prominently displayed at the bar station on the specially licensed premises.
H. A small brewer, winegrower, or craft distiller may sell the beer, wine, and spiritous liquors of
other small brewers, winegrowers, and craft distillers pursuant to a permit issued under this section.
I. Private celebration permits are not subject to any Sunday sales restrictions in the local option
district where the celebration is to be held.
J. Outdoor areas to be permitted pursuant to this section shall satisfy the requirements of 15.10.32.13
NMAC.
[15.11.25.9 NMAC – N, 9/28/2021]
15.11.25.10 SMALL MANUFACTURER’S PUBLIC CELEBRATION PERMITS:
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 53 of 71
A. A sma
ll brewer, winegrower or craft distiller may apply for a public celebration permit for any
state or county fair, community fiesta, cultural or artistic event, sporting competition of a seasonal nature or
activities held on an intermittent basis, provided that the license is not in suspension and the licensee submits the
application at least 10 days prior to the event, subject to the following requirements:
(1) permits for applications received less than seven days prior to February 28th for events to
be held after March 1st may not be issued until after March 1st to ensure that the license has been renewed;
(2) Applications must have an original signature, or electronic segnature pursuant to Section
14-16-1 et seq., NMSA 1978, accompanied by the required fee and all required information before they will be
processed. Incomplete applications will be returned to the applicant.
(3) All fees submitted are non-refundable, regardless of whether the permit has been issued,
the event is postponed, or the event is cancelled for any reason.
B. The application for a public celebration permit must be accompanied by written permission from
the governing body of the local option district where the public celebration is held.
C. The application must contain a diagram, site plan or floor plan of the location of the celebration or
event that complies with the requirements of Subsections C and D of 15.11.21.12 NMAC, and which designates the
location where alcoholic beverages will be dispensed and consumed. The applicant may be requested by the
director to submit submit photographs or electronic images of the proposed location.
D. Public celebration permits will not be issued for more than three consecutive days, unless the
director finds good cause to justify a longer period. A separate application fee must be paid for each day requested.
No permit will be issued for more than 12 hours on a single day.
E. The application shall contain a statement of the number of people expected to consume alcoholic
beverages and a plan for security, including appropriate number, placement and assigned duties of security
personnel, to ensure compliance with the liquor control act and these rules. If the director deems the security plan
insufficient, the director may deny the permit or require additional security measures as a condition of approval.
F. Public celebration permits shall not be issued for an existing licensed premises unless the license
on the licensed premises, or the appropriate portion of the licensed premises, is in voluntary suspension.
G. A copy of the public celebration permit and the posters required by 15.11.2.9 NMAC must be
prominently displayed at the bar station on the specially licensed premises.
H. A small brewer, winegrower, or craft distiller may sell the beer, wine, and spiritous liquors of
other small brewers, winegrowers, and craft distillers pursuant to a permit issued under this section.
I. Public celebration permits are not subject to any Sunday sales restrictions in the local option
district where the celebration is to be held.
J. Outdoor areas to be permitted pursuant to this section shall satisfy the requirements of 15.10.32.13
NMAC.
[15.11.25.10 NMAC - N, 4/25/2017; A, 9/28/2021]
15.11.25.11 COMPLIANCE WITH DOCUMENTS REQUIRED ON PREMISES: All premises subject to
any permit issued pursuant to this part shall comply with the requirements of 15.11.2 NMAC as if the premises is a
licensed premises.
[15.11.25.11 NMAC - N, 4/25/2017]
HISTORY OF 15.11.25 NMAC:
Pre-NMAC Regulatory Filing History: The material in this part was derived from that previously filed with the
State Records Center and Archives under:
ABC Regulation No. 6A-12(A), Special Dispenser’s Permit Regulation 6A-12(A), Interpreting and Exemplifying
Section 60-6A-12 NMSA 1978 (1981-1984 Supp.), filed 11/4/1985;
AGD 6A-12, Special Dispenser’s Permit, filed 9/25/1990; and
AGD 7A-1(B), Sunday Sales Permit, filed 9/25/1990.
History of Repealed Material:
15 NMAC 11.2.5, Licenses and Permits - Special Dispenser and Sunday Sales Permits, filed 3/14/1997 - Repealed
effective 4/25/2017.
NMAC History:
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 54 of 71
15 NMAC
11.2.5, Licenses and Permits - Special Dispenser and Sunday Sales Permits (filed 3/14/1997) was
replaced by 15.11.25 NMAC, Licenses and Permits - Special Dispenser and Sunday Sales Permits, effective
4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 55 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 26 LICENSES AND PERMITS - FEES
15.11.26.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.11.26.1 NMAC - Rp, 15 NMAC 11.2.6.1, 4/25/2017; A, 9/28/2021]
15.11.26.2 SCOPE: These rules apply to all licensees and applicants for licensure under the act.
[15.11.26.2 NMAC - Rp, 15 NMAC 11.2.6.2, 4/25/2017]
15.11.26.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.11.26.3 NMAC - Rp, 15 NMAC 11.2.6.3, 4/25/2017]
15.11.26.4 DURATION: Permanent.
[15.11.26.4 NMAC - Rp, 15 NMAC 11.2.6.4, 4/25/2017]
15.11.26.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.11.26.5 NMAC - Rp, 15 NMAC 11.2.6.5, 4/25/2017]
15.11.26.6 OBJECTIVE: This rule is intended to establish a uniform schedule of fees applicable to licenses
issued under the act.
[15.11.26.6 NMAC - Rp, 15 NMAC 11.2.6.6, 4/25/2017]
15.11.26.7 DEFINITIONS: [RESERVED]
[15.11.26.7 NMAC - Rp, 15 NMAC 11.2.6.7, 4/25/2017]
15.11.26.8 ANNUAL FEES: Every application for the issuance or renewal of the following licenses shall be
accompanied by an annual fee in the following specified amounts:
A. manufacturer's license as a distiller, except a brandy manufacturer: $3,000;
B. manufacturer's license as a brewer: $3,000;
C. manufacturer's license as a rectifier: $1,050;
D. wholesaler's license to sell all alcoholic beverages for resale only: $2,500;
E. wholesaler's license to sell spirituous liquors and wine for resale only: $1,750;
F. wholesaler's license to sell spirituous liquors for resale only: $1,500;
G. wholesaler's license to sell beer and wine for resale only: $1,500;
H. wholesaler's license to sell beer for resale only: $1,000;
I. wholesaler's license to sell wine for resale only: $750;
J. retailer's license: $1,300;
K. dispenser's license: $1,300;
L. canopy license: $1,300;
M. restaurant A license: $1,050;
N. restaurant A license: $10,000;
O. club license, for clubs with more than 250 members: $1,250; and for clubs with 250 members or
fewer: $250;
P. wine bottler's license to sell to wholesalers only: $500;
Q. public service license: $1,250;
R. non-resident licenses, for a total billing to New Mexico wholesalers, in excess of:
(1) $3,000,000 annually: $10,500;
(2) $1,000,000 annually: $5,250;
(3) $500,000 annually: $3,750;
(4) $200,000 annually: $2,700;
(5) $100,000 annually: $1,800;
(6) $50,000 annually: $900; and
(7) $1 annually: $300.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 56 of 71
S. limited
wine wholesaler's license, for persons with sales of 5,000 gallons of wine per year or less:
$25.00; and for persons with sales in excess of 5,000 gallons of wine per year: $100; and
T. beer bottler's license: $200;
U. brandy manufacturer's license: $750;
V. small brewer's license: $750;
W. winegrower’s license, computed on the basis of total annual wine produced or blended:
(1) less than 5,000 gallons per year: $25;
(2) between 5,000 and 100,000 gallons per year: $100;
(3) over 100,000 gallons per year: $250.
X. wine blender's license: $750;
Y. wine exporter's license: $500;
Z. direct wine shipment permit: $50, only required if the applicant does not hold a separate
winegrower’s license;
AA. bed and breakfast dispensing license: $100;
BB.small brewer's off-premises permit: $200 for each off-premises location;
CC.craft distiller's license: $750;
DD.craft distiller's off-premises permit: $200 for each off-premises location;
EE.winegrower’s off-premises permit: $200 for each off-premises location; and
FF.limited winegrower’s or small brewer’s wholesaler’s license:
(1) in excess of 5,000 gallons: $100;
(2) 5,000 gallons or less: $25.
GG. third-party alcohol delivery license: $1,000;
HH. alcoholic beverage delivery permit: $300.
II. New Mexico spirituous liquors permit: $500.
[15.11.26.8 NMAC - Rp, 15 NMAC 11.2.6.8, 4/25/2017; A, 9/28/2021]
15.11.26.9 MISCELLANEOUS FEE SCHEDULE: In addition to the fees set forth in the act, the
following fees apply:
type of service fee
application for licensure $200;
renewal of license - late fee $350 plus $10 for each additional day late;
change or expansion of licensed premises $75;
designation of agent lessee $250;
designation of resident agent (per agent) $50;
new resident agent - late fee $100;
transfer of ownership $200 for first license, plus $10 for each additional license;
change of structure $200 for first license, plus $10 for each additional license;
corporate name change; change in DBA $50;
temporary suspension of license $20;
temporary suspension of license - late application $50;
certification of alcohol server training $350 per provider, plus $100 per instructor
program and annual renewal of program;
renewal late fee for certification of alcohol $10 per day
server provider, instructor or program;
full license listing- electronic format $100;
paper or electronic copies of documents 0.25 cen
ts per page.
[15.11.26.9 NMAC - N, 4/25/2017]
15.11.26.10 EVENT PERMITS: the following are permit fees per each event:
A. special dispenser’s permit for public celebrations, $50;
B. special dispenser’s permit for catering an off-premises function, $25;
C. craft distiller’s public or private celebration permit, $10;
D. winegrower’s public or private celebration permit, $10; and
E. small brewer’s public or private celebration permit, $10.
[15.11.26.10 NMAC - N, 4/25/2017; A, 9/28/2021]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 57 of 71
15.11.26.
11 ANNUAL TASTING PERMIT: for Dispenser’s, retailer’s, resident manufacturer’s, non-
resident manufacturer’s, wholesaler’s, or winegrower license, $100.
[15.11.26.11 NMAC - N, 4/25/2017]
15.11.26.12 PRORATION OF FEES:
A. License fees for new licenses issued after the beginning of the license year shall be prorated.
B. Dispenser, retailer, restaurant A, restaurant B, club, and public service license fees shall be
prorated as follows:
(1) licenses issued in the first quarter of the license year for each license type shall be subject
to the full amount of the annual license fee;
(2) licenses issued in the second quarter of the license year for each license type shall be
subject to three-fourths of the annual license fee;
(3) licenses issued in the third quarter of the license year for each license type shall be
subject to one-half of the annual license fee; and
(4) licenses issued in the fourth quarter of the license year for each license type shall be
subject to one-fourth of the annual license fee.
C. License fees for all new licenses not provided for in Subsection B of 15.11.26.12 NMAC, except
Non-resident licenses and common carrier registrations, shall not be prorated but shall be subject to payment of the
full amount of the annual license fee.
D. Non-resident licenses and common carrier registrations shall be issued for a three-year period.
The three-year license for Non-resident licenses and for common carrier registrations begins July 1, 2013 and every
third year subsequently. Non-resident licenses and common carrier registrations issued at any time during the:
(1) first license year must pay the full amount of the three-year license fee;
(2) second license year must pay two-thirds of the three-year license fee; and
(3) third license year must pay one-third of the three-year license fee.
[15.11.26.12 NMAC - N, 4/25/2017; A, 9/28/2021]
HISTORY OF 15.11.26 NMAC: [RESERVED]
History of Repealed Material:
15 NMAC 11.2.6, Licenses and Permits - Fees, filed 3/14/1997 - Repealed effective 4/25/2017.
NMAC History:
15 NMAC 11.2.6, Licenses and Permits - Fees (filed 3/14/1997) was replaced by 15.11.26 NMAC, Licenses and
Permits - Fees, effective 4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 58 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 27 LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS
15.11.27.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.11.27.1 NMAC - Rp, 15 NMAC 11.2.7.1, 4/25/2017; A, 9/28/2021]
15.11.27.2 SCOPE: These rules apply to all licensees and applicants for inter-local option district transfers
under the act.
[15.11.27.2 NMAC - Rp, 15 NMAC 11.2.7.2, 4/25/2017]
15.11.27.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.11.27.3 NMAC - Rp, 15 NMAC 11.2.7.3, 4/25/2017]
15.11.27.4 DURATION: Permanent.
[15.11.27.4 NMAC - Rp, 15 NMAC 11.2.7.4, 4/25/2017]
15.11.27.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.11.27.5 NMAC - Rp, 15 NMAC 11.2.7.5, 4/25/2017]
15.11.27.6 OBJECTIVE: These rules are intended to establish procedures for filing and processing
applications for inter-local option district transfers, applicable to dispenser, and retailer licenses.
[15.11.27.6 NMAC - Rp, 15 NMAC 11.2.7.6, 4/25/2017]
15.11.27.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in this rule have the
same meanings as set forth in the act.
[15.11.27.7 NMAC - Rp, 15 NMAC 11.2.7.7, 4/25/2017]
15.11.27.8 GENERAL APPLICATION REQUIREMENTS: An application for an inter-local option
district transfer shall satisfy the general requirements for applications set forth at 15.11.21 NMAC, as applicable, in
addition to the requirements set forth in this part.
[15.11.27.8 NMAC - N, 4/25/2017]
15.11.27.9 FILING PERIOD:
A. The filing period for determining priority of inter-local option district transfers is beginning at
8:00 a.m. on October 1, and ending at 12:00 p.m. on December 31, or upon receipt by the division of the 10th
priority application, whichever is later.
B. In the event that the division receives more than ten applications within a single calendar year for
a single inter-local option district, such transfers will be accepted by the division only during the filing period each
year for the next calendar year's transfers.
C. Any application received before 8:00 a.m. on October 1 will be returned with a letter requesting
that the applicant resubmit the application during the appropriate filing period.
D. Any application received after the end of the filing period will be considered untimely and will be
returned to the applicant.
[15.11.27.9 NMAC - Rp, 15 NMAC 11.2.7.8, 4/25/2017]
15.11.27.10 PRIORITY:
A. All substantially complete applications submitted on October 1 after 8:00 a.m. and before 5:00
p.m., regardless of the time submitted, will be considered to have been received at the same time on that date. If
more than 10 applications are received on that date, priority applications will be determined by random selection by
the director without reference to the contents of the application.
B. Remaining applications submitted on October 1, if more than one, will be selected for processing
by random selection if one or more of the priority applications selected is withdrawn or disapproved.
[15.11.27.10 NMAC - Rp, 15 NMAC 11.2.7.9, 4/25/2017]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 59 of 71
15.11.27.
11 APPLICATION PROCESSING:
A. All substantially complete applications received shall be date and time stamped by the division.
Applications that are not substantially complete will not be processed and returned to the applicant with a notice of
all deficiencies.
B. When the division receives more than ten applications within a single local option district, only
priority applications will be processed for transfer during any calendar year.
C. Other substantially complete applications received beyond the priority applications will be date
and time stamped and a record kept of their receipt. To avoid having to deposit the filing fees, the division will
photocopy the applications and return them to the applicants with letters advising how many applications are being
processed before theirs and that they will be notified if and when their applications will be considered. Those
applications will be given first consideration if any of the priority applications are withdrawn or disapproved.
Applications not considered or approved for one calendar year's transfers may not be resubmitted until the filing
period for the next calendar year.
[15.11.27.11 NMAC - Rp, 15 NMAC 11.2.7.10, 4/25/2017]
15.11.27.12 AMENDMENTS: All applications will be processed based on the information originally
submitted. If an application is substantially changed at the request of the applicant, the application may be
considered by the division to have been withdrawn. Any application considered by the division to be withdrawn
must be resubmitted as required by this rule and will lose any priority for processing it may have received when first
filed. If there is a substantial change made to an application after it has been approved or disapproved by the local
option district at hearing, including but not limited to a change in transferee, a change of ten percent or more in stock
ownership, a change in the named transferee, a change in an officer or director, any change in location, a substantial
change to the floor plan or any other terms and conditions deemed substantial by the director, the director may
require the amended application be resubmitted to the local option district for approval.
[15.11.27.12 NMAC - Rp, 15 NMAC 11.2.7.11, 4/25/2017]
15.11.27.13 PROHIBITED TRANSFERS:
A. This rule does not authorize the transfer of any stock or other ownership interest of any licensee
whose license is not otherwise transferable under the provisions of the act.
B. The director, upon notification of any change in ownership or structure, may require any entity or
person who has obtained an interest in any license, or other entity, to complete an application and provide all
documents and information the director deems necessary to ensure full disclosure and qualification of all persons
and entities.
C. No license will be issued when the applicant is delinquent in the payment of any taxes, fees, fines,
costs or penalties collected by the state of New Mexico, the liability for which arises out of the exercise of the
privilege of a liquor license; or if citations for violations of the act are unresolved at the time of filing the
application, unless the licensee and the division are involved in a formal administrative or judicial resolution
process.
[15.11.27.13 NMAC - N, 4/25/2017]
HISTORY OF 15.11.27 NMAC: [RESERVED]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 60 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 28 LICENSES AND PERMITS - BED AND BREAKFAST LICENSE
15.11.28.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division
[15.11.28.1 NMAC - N, 4/25/2017; A, 9/28/2021]
15.11.28.2 SCOPE: These rules apply to all special bed and breakfast dispensing licensees and applicants
for special bed and breakfast dispensing licensure under the act.
[15.11.28.2 NMAC - N, 4/25/2017]
15.11.28.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.11.28.3 NMAC - N, 4/25/2017]
15.11.28.4 DURATION: Permanent.
[15.11.28.4 NMAC - N, 4/25/2017]
15.11.28.5 EFFECTIVE DATE: April 25, 2017 unless a later date is cited at the end of a section.
[15.11.28.5 NMAC - N, 4/25/2017]
15.11.28.6 OBJECTIVE: These rules are intended to establish standards and guidelines applicable to
persons obtaining special bed and breakfast dispensing licenses under the act.
[15.11.28.6 NMAC - N, 4/25/2017]
15.11.28.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms in this part has the same
meaning as set forth in the act.
[15.11.28.7 NMAC - N, 4/25/2017]
15.11.28.8 BED AND BREAKFAST LICENSE: The owner or operator of a bed and breakfast, as defined
in 15.10.2 NMAC, may apply for and receive a special bed and breakfast dispensing license.
A. Service of beer and wine is permitted in common areas only in conjunction with the service of
food. Service of up to two 12-ounce servings of beer or two six-ounce servings of wine per 24 hours of lodging is
allowed to each registered guest over 21 years of age.
B. Unless otherwise provided in this rule, service of alcohol shall be in accordance with the
provisions of the act and division rules.
[15.11.28.8 NMAC - N, 4/25/2017]
15.11.28.9 APPLICATION REQUIREMENTS FOR BED AND BREAKFAST LICENSE: Before a
special bed and breakfast dispensing license may be issued, an application shall be submitted to the division and
shall contain the following fees and documentation:
A. the application fee of $100.00, which shall not be pro-rated;
B. a completed application on the form prescribed by the division, signed by the applicant and
notarized; and
C. proof t
hat applicant meets the definition of “bed and breakfast” contained in 15.10.2 NMAC,
requiring applicant to be a business establishment that offers temporary lodging with meals included and has a guest
capacity of 20 or fewer persons.
[15.11.28.9 NMAC - N, 4/25/2017]
HISTORY OF 15.11.28 NMAC: [RESERVED]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 61 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 29 LICENSES AND PERMITS - TASTING PERMITS
15.11.29.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.11.29.1 NMAC - N, 4/25/2017; A, 9/28/2021]
15.11.29.2 SCOPE: These rules apply to licensed dispenser, retailer, resident manufacturer, non-resident
manufacturer, wholesaler or winegrower license holders applying for a tasting permit under the act.
[15.11.29.2 NMAC - N, 4/25/2017]
15.11.29.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division. Section 60-3A-33 authorizes the
division to issue tasting permits.
[15.11.29.3 NMAC - N, 4/25/2017]
15.11.29.4 DURATION: Permanent.
[15.11.29.4 NMAC - N, 4/25/2017]
15.11.29.5 EFFECTIVE DATE: April 25, 2017 unless a later date is cited at the end of a section.
[15.11.29.5 NMAC - N, 4/25/2017]
15.11.29.6 OBJECTIVE: These rules are intended to establish standards applicable to persons obtaining
tasting permits under the act.
[15.11.29.6 NMAC - N, 4/25/2017]
15.11.29.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms in this part has the same
meaning as set forth in the act.
[15.11.29.7 NMAC - N, 4/25/2017]
15.11.29.8 TASTING PERMIT, GENERAL PROVISIONS: A licensed dispenser, retailer, resident
manufacturer, wholesaler, winegrower, non-resident manufacturer or an agent or lessee of any such licensed entity
may apply for and receive a tasting permit on a licensed premises that sells alcoholic beverages directly to the public
and shall adhere to the following limitations of the permit:
A. The liquid volume of all pours of alcoholic beverages must be no larger than a taste.
B. All tastes must be given free of charge.
C. All tastes must be poured by the permit holder, or an employee, agent or contractor of the licensee,
with a valid server certification. Any such employee, agent or contractor must be directly paid by the licensee
holding the tasting permit, not through a third party.
D. The permit holder, and its employees, agents or contractors may not sell any alcoholic beverages
while operating the tasting permit.
E. The licensee shall notify the division in writing or via email at least 48 hours prior to conducting
any tasting event, disclosing the date, time and location of the tasting event.
[15.11.29.8 NMAC - N, 4/25/2017; A, 9/28/2021]
15.11.29.9 APPLICATION REQUIREMENTS FOR AN ANNUAL TASTING PERMIT: Before an
annual tasting permit may be issued, an application shall be submitted to the director for approval, shall be signed by
the licensee, and shall contain the following fees and documentation:
A. money order or check for the annual fee in the amount of $100.00; and
B. a completed, signed application on the form prescribed by the director for:
(1) a non-resident licensee, by a person authorized to legally bind the licensee, or
(2) for all other licensees, a person fingerprinted in connection with their interest in the
licensee pursuant to Subsection B of Section 60-6B-2 NMSA 1978.
[15.11.29.9 NMAC - N,
4/25/2017]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 62 of 71
15.11.29.
10 NO TASTING PERMIT ON SAME PREMISES REQUIRED FOR LICENSES
ALLOWING SALES BY THE DRINK: Nothing in this part requires a holder of a license for sales of alcoholic
beverages by the drink to obtain any additional permit to offer tastes in the controlled access area on their own
licensed premises, except that any service of free alcoholic beverages shall comply with Subsection C of
15.10.51.11 NMAC regarding free drinks.
[15.11.29.10 NMAC - N, 4/25/2017; A, 9/28/2021]
HISTORY OF 15.11.29 NMAC: [RESERVED]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 63 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 30 PURCHASING COOPERATIVES
15.11.30.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[15.11.30.1 NMAC - N, 4/25/2017; A, 9/28/2021]
15.11.30.2 SCOPE: These rules apply to all retailers, and to dispensers authorized to sell alcoholic
beverages in unbroken packages, under the act.
[15.11.30.2 NMAC - N, 4/25/2017]
15.11.30.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.11.30.3 NMAC - N, 4/25/2017]
15.11.30.4 DURATION: Permanent.
[15.11.30.4 NMAC - N, 4/25/2017]
15.11.30.5 EFFECTIVE DATE: April 25, 2017 unless a later date is cited at the end of a section.
[15.11.30.5 NMAC - N, 4/25/2017]
15.11.30.6 OBJECTIVE: These rules are intended to regulate purchasing cooperatives authorized pursuant
to the act.
[15.11.30.6 NMAC - N, 4/25/2017]
15.11.30.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms in this part has the same
meaning as set forth in the act.
[15.11.30.7 NMAC - N, 4/25/2017]
15.11.30.8 COOPERATIVE AGREEMENT REGISTRATION REQUIREMENTS:
A. Any number of retailers, or dispensers licensed to sell alcoholic beverages by package, may pool
their purchases of alcoholic beverages from a wholesaler, and may also collectively advertise the purchase of
alcoholic beverages, provided such cooperative purchases and advertising are pursuant to a written and fully
executed cooperative agreement filed with the division.
B. The cooperative agreement to be filed with the division shall include the following:
(1) a list of all members of the cooperative attached as a schedule to the agreement,
identifying the license number for each member, to be updated in accordance with 15.11.30.10 NMAC;
(2) separate invoicing of all purchases made by each member pursuant to the agreement and
pursuant to Section 60-8A-3 NMSA 1978 of the act;
(3) separate delivery of all purchases to each member’s licensed premises pursuant to the
agreement;
(4) if the agreement provides for the employment of any employees by the cooperative, such
employee may not have a financial interest in, or receive financial compensation from, any individual member;
(5) a provision that, with a minimum of notice of 30 days, the cooperative may cancel the
membership of any member;
(6) no prohibition against any member joining any other trade organization or entity, except,
at the option of the cooperative, a prohibition against joining other purchasing cooperatives authorized by the act;
(7) a provision that any member may withdraw from the cooperative with a minimum of 30-
day notice without penalty for such withdrawal;
(8) no prohibition on any member from selling any product at an otherwise lawful price; and
(9) a provis
ion that any advertising purchased by the cooperative shall either identify all
members equally in the advertisement, or identify the name of the cooperative only.
[15.11.30.8 NMAC - N, 4/25/2017]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 64 of 71
15.11.30
.9 CORPORATE ENTITIES PERMITTED: The members of a purchasing cooperative may
organize and conduct business personally or through any corporate structure allowable under state law.
[15.11.30.9 NMAC - N, 4/25/2017]
15.12.30.10 DIVISION RECORDS: The division shall maintain, through its website, a list of the names of
all cooperatives that have complied with the requirements of this part. A copy of the cooperative agreement for each
listed cooperative shall be available from the division upon request. Each cooperative may, at its discretion, submit
an updated schedule of its members, but shall submit an updated copy of its cooperative agreement in the event of
any material change to the agreement.
[15.11.30.10 NMAC - N, 4/25/2017]
HISTORY OF 15.11.30 NMAC: [RESERVED]
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 65 of 71
TITLE 15 G
AMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 31 ALCOHOL SERVER TRAINING - CERTIFICATION
15.11.31.1 ISSUING AGENCY: The New Mexico Regulation and Licensing Department, Alcoholic
Beverage Control Division.
[[15.11.31.1 NMAC - Rp, 15 NMAC 11.3.1.1, 4/25/2017; A, 9/28/2021]
15.11.31.2 SCOPE: This rule applies to all act licensees, lessees, servers, and alcohol server training
providers and instructors.
[15.11.31.2 NMAC - Rp, 15 NMAC 11.3.1.2, 4/25/2017]
15.11.31.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the Act authorizes the director
to make and adopt such rules as necessary to carry out the duties of the division.
[15.11.31.3 NMAC - Rp, 15 NMAC 11.3.1.3, 4/25/2017]
15.11.31.4 DURATION: Permanent.
[15.11.31.4 NMAC - Rp, 15 NMAC 11.3.1.4, 4/25/2017]
15.11.31.5 EFFECTIVE DATE: April 25, 2017, unless a later date is cited at the end of a section.
[15.11.31.5 NMAC - Rp, 15 NMAC 11.3.1.5, 4/25/2017]
15.11.31.6 OBJECTIVE: This rule is intended to establish standards and procedures for training persons
employed in the alcoholic beverage service industry to enhance their professionalism and to reduce the incidence of
alcohol-related problems statewide, and to comply with the provisions of the act and the alcohol server education
article of the act.
[15.11.31.6 NMAC - Rp, 15 NMAC 11.3.1.6, 4/25/2017]
15.11.31.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used in these rules have the
same meanings as set forth in the act and the alcohol server education act:
A. “Applicant” means a person or entity applying to the division for certification as a provider,
instructor or program.
B. “Approved test” means a test proctored by a live instructor or a test administered on-line that has
been approved by the division and incorporates at least 20 questions from a list of questions provided by the
division. An approved test that is proctored by a live instructor must be graded by the instructor.
C. “Certified program” means an on-line or classroom program that is certified by the division.
D. “Classroom program” means a program certified by the division in accordance with these rules
that is administered, at least in part by a live instructor and may or may not include the use of a computer.
E. “Classroom hour” means 50 minutes of instruction time and 10 minutes of break time.
F. “On-line program” means a program certified by the division in accordance with these rules that
is designed to be administered via the internet, including the exam, without the presence of a live instructor.
G. “Personal identifier” means a person’s social security number or, if a person does not have a
social security number, the person’s individual taxpayer identifier number.
H. “Proctored test” means a test administered and supervised by a live instructor.
I. “Server permit” means an unexpired permit issued by the division to a person who has met all
the requirements to become a server as required by these rules.
J. “Student” means an applicant for a server permit that participates in a certified program.
[15.11.31.7 NMAC - R
p, 15 NMAC 11.3.1.7, 4/25/2017]
15.11.31.8 SERVER PERMITS: ISSUANCE, DISTRIBUTION, REPLACEMENT:
A. Server permit required. Every licensee or lessee who is directly involved in sale, delivery or
service of alcoholic beverages, and all servers must satisfactorily complete a program every three years to obtain a
server permit. No person shall be employed as a server on a licensed premises, or participate in the delivery of
alcoholic beverages unless that person first obtains a server permit, except that a person not previously certified
must obtain a server permit within 30 days of employment.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 66 of 71
B. Server per
mit issuance. Satisfactory completion of a certified program will be determined by the
student earning a score of eighty percent or higher on an approved test administered at the end of a classroom
program or administered at the end of or after completion of a module for on-line programs. Each student who
satisfactorily completes a certified program may be issued a server permit by the division. If the student has a child
support hold placed on him or her by the human services department, the division shall not issue a server permit to
that student until the child support hold has been lifted.
C. Providers’ duty to inform the division of student’s satisfactory completion. Within 10
business days of satisfactory completion of any certified program, the provider who administered the program shall
submit to the director a server permit application for each student who satisfactorily completed the program,
including their name, personal identifier, address, date of birth, and any other information required by the director on
forms prescribed by the division and in accordance with methods prescribed by the division, including electronic
submission. Server permits will be numbered sequentially to provide a unique number for each student who
satisfactorily completes a program. Any application received by the division more than 10 business days after the
date the course was completed will subject the provider to a late fee of five dollars ($5) per application. Any
incomplete application received by the division shall be returned to the provider for completion.
D. Division will distribute permits. The division will prepare and distribute the server permits to
the student within 120 days of satisfactory completion of a certified program. Providers are required to store
original server permit applications in a secured manner for six months from the date of satisfactory completion of
the certified program. After six months from the date of satisfactory completion, providers may destroy the original
server permit applications through shredding or another method that ensures the information cannot be stolen or
otherwise re-used.
E. Temporary Server Permits. Providers who administer a classroom program may issue
temporary server permits by recording the test grade on the server permit application and issuing a designated copy
of the application to the student. Providers who administer on-line programs may issue temporary server permits by
allowing the student to print out a computer generated document, containing information as required by the director,
upon satisfactory completion of the program by student. Temporary server permits are valid for 120 days from the
date the exam is successfully completed. Photocopies of the designated copy of the application or computer print-
out are not valid temporary server permits. If the server loses the temporary server permit, it is the responsibility of
the provider to supply a replacement temporary server permit. Providers are required to inform all students that it
will take up to 120 days from the date the exam is successfully completed for the server to receive a permanent
permit from the division and that if the server needs a replacement temporary server permit the server
may obtain
one from the provider.
F. Replacement server permits. Requests for replacement server permits must be submitted in
writing to the division. Requests must be made by the server, must be submitted on forms prescribed by the division
and must be accompanied by a ten dollar ($10.00) replacement fee in the form of a cashier’s check or money order.
If the request is made in person, the server must present a valid, government issued identification card. If the
request is made by mail, the server must enclose a photocopy of a valid, government issued identification card. A
request to change the name of the server may, in lieu of a valid, government issued identification card, include a
copy of a marriage certificate, divorce decree, or court order.
G. 18, 19 and 20 year olds. Pursuant to Subsection B of 60-7B-11 NMSA 1978, a person between
the ages of 18 years and 21 years old may only serve alcohol in a restaurant. A provider may offer its program to a
student between the ages of 18 years and 21 years old, provided that the student is given notice that the server permit
will only allow the student to serve in a restaurant and that he or she will not be eligible to participate in the delivery
of alcoholic beverages, serve in a bar or retail location, or in a restaurant as a bartender, even with a server permit,
until he or she reaches the age of 21 years.
[15.11.31.8 NMAC - Rp, 15 NMAC 11.3.1.8; A, 9/28/2021]
15.11.31.9 PROVIDER, INSTRUCTOR AND PROGRAM CERTIFICATION; RENEWAL:
A. Certification required: Any person seeking certification as a provider, instructor or program
must submit an application to the director for approval in accordance with this section. An on-line program and a
classroom program cannot be combined into one application.
B. Applications for providers and programs:
(1) Providers and instructors:
(a) the name and qualifications of the provider or the name and qualifications of the
instructor(s), including a resume, references and the name of the certified program that applicant intends to
administer;
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 67 of 71
(b) f
or providers, a surety bond from a surety company authorized to transact
business in New Mexico, or other evidence of financial responsibility, covering all instructors in the amount of five
thousand dollars ($5,000). Any independent contractor who obtains the right to own, teach or otherwise use a
program, but is not covered under the provider’s surety bond, will be required to obtain certification as a provider,
including posting a surety bond as required in the alcohol server education article or providing other evidence of
financial responsibility. The surety bond shall be continuous, shall name the division as payee, and shall assure the
satisfactory performance of all contracts with students, including tuition refund agreements, and the maintenance of
student records;
(c) for in-classroom providers and instructors, the physical addresses of each
location where the program will be offered and the dates when the program will be offered. A maximum of 40
students per class or the maximum occupant load permitted by the state or local fire marshal, whichever is less, will
be permitted;
(d) for on-line providers, the name and address of all entities owning, profiting, or
both from the administration of the on-line course;
(e) fees that will be charged to take the program;
(f) for providers a copy of applicant’s business license;
(g) for providers a copy of applicant’s tax registration certificate;
(h) a form, prescribed by the director, authorizing a background check for all
providers and instructors. Persons convicted of a felony or crimes of moral turpitude may not be certified as
providers or instructors at the discretion of the director. Additional documentation regarding disposition of any
charges may be requested by the director prior to approval of any application for certification;
(i) application fees in the amount of three hundred fifty dollars ($350) per provider
and one hundred dollars ($100) per instructor; in instances where the applicant is applying to be both a provider and
instructor, i.e. the provider and instructor are the same person, only the three hundred fifty ($350) application fee is
required to be paid; and
(j) any other relevant information as may be required by the director.
(2) Programs:
(a) a description of program content that meets the minimum requirements
contained in Subsection D of 15.11.31.9 NMAC and 15.11.31.10 NMAC, including a copy of the classroom
program’s handbook or a copy of the on-line program’s quick reference materials to be distributed to and retained
by students after satisfactory completion of the program. All programs should include real life examples and should
be administered, at least in part, in an interactive way;
(b) all proposed programs must include a minimum of four and one-half (4 ½)
classroom hours or the equivalent for on-line programs;
(c) a copy of applicant’s business license;
(d) a copy of applicant’s tax registration certificate;
(e) for on-line programs:
(i) a description of the procedure for electronic transmission of the
student’s full name, address, personal identifier, driver’s license or other government-issued identification number
and state of issuance, date of birth, phone number, e-mail address, sex, height, weight, hair color, eye color, test
score and test completion date within 10 days of a student’s successful completion of the program, including a
description of the security measures that will be taken to ensure that the information is stored and transmitted in a
secure manner. The electronic transmission of the student’s information should meet the data security standards
prescribed by the payment card industry security council or the equivalent as determined by the director, and in a
format approved by the director;
(ii) a description of any and all security measures taken to ensure that the
person who is taking the course is the same person who will receive credit for taking the course and who will submit
to the proctored exam at the end of the course;
(iii) proof to the satisfaction of the director that the average user will take at
least four clock hours or the equivalent to complete course;
(iv) proof to the satisfaction of the director that students cannot fast-forward
or skip through the course materials.
(f) any other reasonably relevant information as may be required by the director;
C. Completeness check: When the division receives an application for certification as a provider,
instructor or program, the division will check the application for completeness.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 68 of 71
(1) if
the application is incomplete, the division will contact the applicant for additional
information;
(2) if the application is complete, the division shall review the application.
D. Standards for certification: An application for certification may be granted if the standards
identified in this section are met.
(1) Providers and instructors: In reviewing applications for certification as a provider or
instructor the division shall consider:
(a) whether all the information required by these rules has been submitted and is
accurate and valid;
(b) the qualifications and references of the applicant, including whether the
applicant has 3 or more years of experience related to the sale or service of alcoholic beverages;
(c) the results of the background check;
(d) whether applicant is 21 years of age or older;
(e) whether applicant has ever been found guilty of or admitted guilt to a violation
of the liquor control act;
(f) whether applicant intends to teach a program certified by the state of New
Mexico in accordance with these rules;
(g) any other reliable and relevant information, as determined by the director.
(2) Programs: In reviewing applications for certification as a program the division shall
consider:
(a) whether the information required by these rules has been submitted and is
accurate and valid;
(b) whether the program includes all content required by law, currently contained in
Subsection B of 60-6E-5 NMSA 1978;
(c) whether the program includes comprehensive training on how to detect obvious
signs of intoxication, focusing both on the sale of alcohol for off-premise and on-premise consumption;
(d) whether the program includes an up-to-date sample photo of a driver’s license
issued to a minor by the New Mexico motor vehicle division of the New Mexico department of taxation and revenue
and training on how to detect a fake or fabricated identification card;
(e) whether the program includes photos and examples of bars, restaurants,
convenience stores and other retail settings, including self-checkout, to ensure a balance in preparing servers to sell
alcohol for consumption both on-premise and off-premise;
(f) whether the program includes management-specific training, including strategies
for management to support servers working under their supervision;
(g) whether the program is reviewed and revised annually to ensure current
comprehensive training;
(h) whether the program is interactive and includes real life instructional examples;
(i) for on-line programs whether it is easy to navigate and user-friendly; and
(j) any other reliable and relevant information, as determined by the director.
(3) In addition to the other standards listed above, all providers and instructors shall hold
current server certification at all times when providing instruction.
E. Expiration of certification: Provider, instructor and program certificates expire on December 31
each year.
F. Renewal: Renewal applications for provider, instructor and program certifications must be
submitted no later than November 30 of each year. Renewal applications must include renewal fees in the amount
of three hundred and fifty dollars ($350) per provider, one hundred dollars ($100) per instructor. Late renewal
applications will be subject to a late fee of thirty dollars ($30) per day.
(1) Renewal applications for providers and instructors must include names and qualifications
of the provider or instructors and proof that the provider is covered by a surety bond in the amount of five thousand
dollars ($5,000) of a surety company authorized to transact business in New Mexico;
(2) Renewal applications for programs shall include a summary of all proposed changes to
program content from the prior year and any updates that have been made or will be made to the program, including
where those changes can be found in the program materials. At a minimum, programs must be updated annually to
reflect changes to the law, updated statistical information and an up-to-date sample photo of a driver’s license issued
to a minor by the New Mexico motor vehicle division of the New Mexico department of taxation and revenue if
applicable.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 69 of 71
G. Pro-rated
fees: The initial certification fee for providers, programs and instructors will be
prorated, as follows:
(1) certification obtained before April 1 of any year will be subject to the full amount of the
annual certification fee;
(2) certification obtained on or after April 1 and before July 1 will be subject to three-fourths
of the annual fee;
(3) certification obtained on or after July 1 and before October 1 will be subject to one-half
of the annual fee; and
(4) certification obtained on or after October 1 will be subject to one-fourth the annual fee.
H. Transferability: Provider, instructor and program certifications are non-transferrable.
I. Probation, suspension or revocation: The director may place a provider or instructor on
probation if the director has a reasonable belief that the provider or instructor is not in compliance with one or more
of the requirements of the statutes or division rules. The director shall send a notice of probation to the provider,
instructor or both specifying the provisions with which the provider or instructor is not in compliance along with an
order to show cause why the provider or instructor certification should not be suspended. If the provider or
instructor fails to show cause why his or her certification should not be suspended, the director may suspend the
provider or instructor certification for a reasonable period of time. The director shall determine the period of
probation or suspension depending upon the number and nature of the violations. If the provider or instructor is
placed on probation, the director shall review the provider or instructor’s operations periodically during the
probationary period. At anytime, a provider or instructor that is placed on probation or suspension may request a
hearing. The director may only revoke a provider or instructor certification for cause after a hearing.
J. Cancellation: A provider or instructor certification shall automatically be cancelled if the
provider or instructor ceases to offer classes for 60 days or more, or upon written notice form the provider.
[15.11.31.9 NMAC - Rp, 15 NMAC 11.3.1.9, 4/25/2017]
15.11.31.10 ADMINISTRATION OF CERTIFIED SERVER TRAINING PROGRAM:
A. Providers’ responsibility in administering a certified program: It is the responsibility of
providers to ensure that they and any instructors employed by them are teaching a certified program.
B. Course materials: Providers shall ensure that each student is provided complete course materials
at the beginning of each certified program. Providers who administer an on-line program shall ensure that each
student either has electronic access to course materials or is able to print out course materials for quick reference
after satisfactory completion of the program. All course materials shall be presented by instructors in a manner that
does not indicate which material is selected for the proctored test.
C. Prior approval required: Providers must obtain prior approval from the director before
changing the required content of a certified program.
D. Proctored tests: Proctored tests must be administered in person immediately after completion of
a classroom program. Students may not have access to course materials during administration of the proctored test.
Exam questions must be rotated on a regular basis to ensure exam validity and security. Providers may allow an
applicant who fails the test to re-take it at another time in the presence of an instructor. Proctored tests must be
graded by a certified instructor and cannot be graded by a student.
E. On-line tests: On-line tests must be available to be administered immediately after students
complete the course or complete a particular module of the course. Exam questions must be rotated on a regular
basis to ensure exam validity and security. Students may not have access to course materials during administration
of the on-line test. Providers administering on-line tests shall provide the necessary security measures to the
satisfaction of the director to combat the potential for cheating. Examples of security measures include, but are not
limited to, shuffling exam questions each time a new exam begins, prohibit students from stopping and resuming the
exam session, implement a reasonable time limit on the exam, present security questions at random throughout the
exam. The results of the on-line test must be given to the student after completion of the on-line test, and providers
shall provide a score report indicating wrong answers by referencing course content section.
F. ADA compliance: Providers and instructors are required to comply with the Americans with
Disabilities Act (ADA) and ensure that students with disabilities are provided with reasonable accomodation for
instructional and learning purposes to the extent required by law.
G. Administration of on-line programs: Providers who administer an on-line program without the
presence of a live instructor must ensure the following:
(1) a secure login process is in place to confirm the identity of the person taking the course;
(2) students may not be allowed to fast-forward through the instruction portion of the course;
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 70 of 71
(3) st
udents must have adequate access to a help desk or customer service to resolve
technical problems without delaying the flow of instruction, as well as access to a person who can answer
substantive questions that may arise in the course of the training within 72 hours of the student asking the question;
(4) no advertisements appear during course instruction; and
(5) students either have electronic access to course materials or are able to print out course
materials for quick reference after satisfactory completion of the on-line program as required by these rules.
[15.11.31.10 NMAC - Rp, 15 NMAC 11.3.1.10, 4/25/2017]
15.11.31.11 SURETY BOND; EVIDENCE OF FINANCIAL RESPONSIBILITY: The purpose of the
surety bond is to ensure that the provider’s students will be reimbursed for fees paid for the program if the provider
or instructor fails to conduct the program to completion.
[15.11.31.11 NMAC - Rp, 15 NMAC 11.3.1.12, 4/25/2017]
15.11.31.12 VIOLATION OF PROVIDER AND PROGRAM REQUIREMENTS: The director may fine
or decertify any program, or refuse to renew certification, when the director determines that:
A. a provider, instructor or an agent, knowingly provided false information to the director, advisory
committee or division with regard to completion of a certified program by any person;
B. a provider, instructor or an agent, failed to conduct the program as certified by the division;
C. any person filing an application with the division for certification of a provider, instructor or
program knowingly submitted false information to the director, advisory committee or division;
D. a provider failed to provide to the division complete, timely reports of applicants who
satisfactorily completed the program; or
E. a provider or instructor otherwise failed to comply with the alcohol server education article or
these rules.
[15.11.31.12 NMAC - Rp, 15 NMAC 11.3.1.13, 4/25/2017]
15.11.31.13 [RESERVED]
HISTORY OF 15.11.31 NMAC:
Pre-NMAC History: [RESERVED]
History of Repealed Material:
15 NMAC 11.3.1.7.1 - Repealed 7/15/1999
15 NMAC 11.3.1.7.2 - Repealed 7/15/1999
15 NMAC 11.3.1.7.4 - Repealed 7/15/1999
15 NMAC 11.3.1.7.6 - Repealed 7/15/1999
15 NMAC 11.3.1.7.7 - Repealed 7/15/1999
15 NMAC 11.3.1, Alcoholic Beverages Licensing - Alcohol Server Training - Certification, filed 3/14/1997 -
Repealed effective 4/25/2017.
NMAC History:
15 NMAC 11.3.1, Alcoholic Beverages Licensing - Alcohol Server Training - Certification (filed 3/14/1997) was
replaced by 15 NMAC 11.3.1, Alcoholic Beverages Licensing - Alcohol Server Training - Certification, effective
4/25/2017.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 71 of 71
