Current through Register Vol. 35, No. 18, September 24, 2024
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.
(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.
