New Mexico Administrative Code
Title 15 - GAMBLING AND LIQUOR CONTROL
Chapter 11 - ALCOHOLIC BEVERAGES LICENSING
Part 24 - LICENSES AND PERMITS - RESTAURANT LICENSE
Section 15.11.24.8 - LIMITATIONS ON RESTAURANT LICENSE TYPES

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.