New Mexico Administrative Code
Title 7 - HEALTH
Chapter 37 - CLEAN INDOOR AIR
Part 2 - CERTIFICATION OF CIGAR BARS
Section 7.37.2.8 - CERTIFICATE APPLICATION

A. All applications for a certificate under these rules shall be made on the forms prescribed by the department. Forms may be obtained from the public health division of the department.

B. An applicant shall submit sales receipts and invoices for the previous twelve (12) months in support of its application.

C. An applicant shall submit to the department, together with its application, an application fee of three hundred dollars ($300.00). A certificate shall not be issued to an establishment that has failed to submit an applicable fee.

D. All applications shall be submitted to the department via certified U.S. mail.

E. The department shall review the application, and shall determine whether to grant or deny the application within forty-five (45) days from the date that the application was received by the department. If the department determines to grant a certificate to an establishment, it shall mail the certificate via certified U.S. mail to the mailing address identified in the establishment's application.

F. Notwithstanding the foregoing, in the event that the department deems an application or its supporting documentation to be insufficient to evidence that the establishment meets the definition of cigar bar, the department may either deny the application or request additional information or documentation from the establishment. Upon the department's rendering of a request for additional information or documentation, the department's forty-five day application review period shall be tolled and shall not resume until the department receives additional materials in response to its request. Upon the department's receipt of any additional materials submitted in support of the application (whether or not those materials were requested by the department), twenty (20) days shall be added to the application review period.

G. A certificated establishment applying for renewal of its certificate shall submit a renewal application to the department, complete with all required documentation and applicable fees, within twelve (12) months of the issuance of the establishment's previous certificate.

H. A certificate shall not authorize a certificated establishment to violate any portion of the Dee Johnson Clean Indoor Air Act, NMSA 1978, section 24-16-1 et seq., nor shall a certificate authorize any certificated establishment to operate in violation of a county or municipal ordinance that is more stringent than that Act.