New Mexico Liquor Laws And Regulations
New Mexico controls and regulates its own laws relating to alcohol consumption, production and shipment. But New Mexico liquor laws and regulations continually change.
The New Mexico Regulation & Licensing Department is responsible for granting licenses to businesses that produce distilled spirits, wine or beer.
They also offer permits and licenses for restaurants and premises that serve alcoholic beverages.
In this article, we take a close look at New Mexicoâs liquor laws and what licenses you need to open and run a distillery.
New Mexico Liquor Laws
New Mexico state allows licensed businesses to sell alcoholic drinks on their premises from Monday 7am up to midnight. They are allowed to sell alcohol until 2am from Tuesday to Saturday.
The sale of alcoholic beverages on a Sunday requires a specific permit and this is only allowed at specific establishments, such as horse racetracks or resorts.
Businesses that sell alcohol for consumption off their premises are only allowed to sell beer, wine or distilled spirits from 7am until midnight from Monday to Saturday.
However, depending on local jurisdiction and country, there may be local laws that permit variations of these times of sale.
Just like in other US states, it is a criminal act to sell alcohol to any person under the age of 21 and when a person is visibly intoxicated.
Businesses that repeatedly violate this strict requirement of their business license can lose their license indefinitely.
In addition, territories that are under the control of tribes, pueblos or Indian nations can determine their own liquor laws.
Distillery Licensing In New Mexico
Distilleries must have a liquor license in order to manufacture and sell their distilled spirits.
In addition, businesses that want to sell and deliver distilled spirits also need an alcoholic beverage delivery license.
If a distillery wants to serve and dispense alcoholic beverages on its premises, then it needs a full dispenser license.
New Mexico also provides restaurant licenses. However, they are only for premises that sell wine and beer only.
If a business wants to serve alcoholic beverages on a Sunday, then it requires a Sunday permit that allows the sale of alcohol on and off its premises on Sundays.
New Mexico Liquor License
Before you complete your liquor license application, make sure that you read the instructions that come with the application packet.
Itâs important that you make a copy of your application documents for your own records because you need this copy for the public hearing with your Local Option District.
The application process for a liquor license in New Mexico takes between 120 and 150 days from the date the application has been received by the Alcoholic Beverage Control.
An ABC hearing officer will review the application and verify all accompanying documents. He will also contact the applicant if there are any documents missing.
Applicants can also provide authorization with their application which allows a broker or attorney to act on their behalf.
After 30 days, the applicant will receive a notice of preliminary hearing that will give you a date and time for the preliminary hearing.
The applicant must publish the hearing notice at least 3 days before the official hearing, for a minimum of one day. This can be done in a newspaper or through other media sources.
The public preliminary hearing records the application and any missing items from the application can be added up to 10 days after the hearing.
After the preliminary hearing, the legal department will review your application and contact the applicant for additional documentation or corrections.
Once all documents are complete, the hearing officer will forward the application to the Director for preliminary approval.
Once the Director approves the application, the Local Option District needs to provide public notice of the application
The application or his representative needs to attend a hearing of the Local Option District. The local governing body then provides the final decision to the ABC.
This should happen no later than a month after the hearing. The applicant will be contacted by his hearing officer with the final decision.
Server Permit
Every person who serves and sells alcohol in New Mexico needs to obtain a specific server permit.
This means that liquor license owners, grocery store clerks, managers waiters and bartenders all need to complete an alcohol serving training course.
You can find a list of licensed server training courses on the website of New Mexicoâs Regulation & Licensing Department.
A server permit application form can be submitted by walking into an Alcohol Beverage Control office or via mail.
Make sure that you enclose a cashierâs check or money order for the application fee.
Plus, your business mailing address on your application should be up-to-date as this is where your permit will be sent to.
If an alcohol server permit needs to be renewed, then the server has to take another approved Alcohol Server Education course. This course should also be taken every 3 years.
New Mexico License Fees For Distilleries
The liquor license application fee for craft distillers is $200. Businesses may also need to pay a $50 Resident Agent fee. All application fees are non-refundable.
If a distiller wants to sell alcoholic beverages on and off his premises on a Sunday, then he needs to pay a Sunday permit fee of $100.
The overall license fee for distilleries is $750. If distilleries only sell their products off-premises, then they are charged $200.
License Requirements For Distilleries In New Mexico
Licensees must adhere to the requirements and regulations according to the license agreements.
All restrictions and requirements are set out in the guidelines for the license application form.
Liquor License Requirements And Restrictions
As part of your liquor license, distilleries are permitted package sales between 7am until midnight.
For licenses relating to on-premise sales, distilled spirits can be sold between 7am and 2am, with the exception of McKinley County, where sales are restricted to 7am until 10am for package sales.
Requirements For An Alcoholic Beverage Delivery License
Craft distiller licensees, small brewers, winegrowers, retailers, dispensers and restaurants are allowed to deliver and sell alcoholic beverages with an alcoholic beverage delivery license.
However, they must adhere to specific requirements. Purchases can only be made on premises and delivery has to take place during standard business hours.
Deliverers must be 21 years of age or older. Plus, they need to hold a current driverâs license and server permit.
Distillers can also use a third-party delivery service to ship their distilled spirits and alcoholic products.
Final Thoughts
New Mexico liquor laws and regulations continually change, so make sure to check with your local authority.
