Proposed Rules Comments

31 Comments

  1. Dear Ms. Griego,

    Please find attached DoorDash, Inc.’s comments in response to the ABCD’s proposed rules affecting alcohol delivery.

    Best regards,

    Alex

    Alex Mooney
    Legislative Policy Advisor
    DoorDash.com
    202-321-8186

    Alex Mooney DoorDash_NM Comment Letter – Google Docs

  2. Downtown Liquor & Foodmart
    1900 4t St NW, Albuquerque, NM 87102

    07/23/2021
    To Whom It may Concern:

    I oppose the new rule that ABC is trying to allow bars at restaurants with A & B licenses. The food to alcohol ratio is not enough to differentiate between licenses. With this new rule restaurants won’t be food establishments anymore but drinking establishments.
    Restaurants are in business to serve food and not to serve spirits. It will devaluate liquor licenses that currently liquor stores own or lease to run their business. It likely will hurt business like ours that only rely on sale of alcohol to stay in business.
    I request ABC not to approve bars at restaurants with A & B licenses.

    Thanks,

    Rajiv P Shah
    Downtown Liquor & Foodmart
    505-307-3409

    Rajiv Shah downtown liquor & foodmart

  3. Good afternoon Desirae:

    I’ve attached some of my comments regarding the recent changes to the Liquor Control Act.

    Sincerely,
    Mark M. Rhodes
    Rhodes & Salmon, P.C.
    1801 Lomas Blvd NW
    Albuquerque, NM 87104
    P: (505) 247-0328
    F: (505) 766-9402
    Email: mmr@rspcnm.com

    Mark M. Rhodes HB255 Thoughts for Rule Making Session

  4. Dear Desirae,

    Attached please find comments on Proposed Rulemaking submitted on behalf of our client, Maplebear, Inc. dba Instacart. We appreciate the Division’s consideration. Thank you.

    Laura R. Welch | Pillsbury Winthrop Shaw Pittman LLP
    Paralegal/Legal Secretary
    500 Capitol Mall, Suite 1800 | Sacramento, CA 95814-4741

    t +1.916.329.4721
    laura.welch@pillsburylaw.com | pillsburylaw.com

    Laura R. Welch 20210723 – Instacart’s Comments to Proposed Rulemaking re Alcohol Delivery 4829-1062-8851 v.1

  5. Dear ABC Committee,

    I have the following suggestions/comments/questions for the HB255 rulemaking committee:

    1) What safeguards will be put in place to prevent a restaurant licensee from acting like and becoming a bar?

    2) Are 3oz or less liquor containers able to be packed into multiple packs allowing them to be sold in a more than one scenario?

    3) If a restaurant is able to act as a bar, can a package store designate a “bar” on their premises based on the new definition of a premises?

    Please let me know if you have any questions.

    Thanks you,
    Kerry Lee

  6. Dear ABC Division:
    As the rulemaking process for HB255 is underway, I would like to know the following:

    1) What is the definition of a licensed premise under this rule?
    2) Under this rule, will a restaurant be allowed to add a bar area under the new definition of licensed premise?
    3) Can a package liquor store designate an area as a bar under the licensed premise new definition?
    4) Can packs of miniatures be sold as they are more than 3 ounces?

    Cynthia L. Sanchez, Ed. D
    GCT LLC
    Chief Operation Officer
    cyndisanchez512@gmail.com
    505-920-2811

  7. I am unable to attend the liquor license rulemaking hearing scheduled for 7/26/2021, but would like to comment. It is my opinion that bars should not be allowed in restaurants with A or B licenses. The food to alcohol ratio is not enough to differentiate between licenses, and the new rules should not allow restaurants to become drinking establishments. The primary function of a restaurant is the sale of food yet many operate as drinking establishment. Your consideration in this matter is greatly appreciated.
    Sincerely
    Lillian Grady
    Liquor License 2677 Yesterday’s Enterprises

  8. Bars should not be allowed in restaurants with A or B licenses. The food-to-alcohol ratio is not enough to differentiate between licenses, and the new rules should not allow restaurants to become drinking establishments.

  9. Subject: Proposed Rules for new alcohol legislation
    Good Morning,

    On the behalf of our company, Little Toad Creek Brewery & Distillery, I am writing to express my concerns about the new proposed alcohol rules and how they will affect our business. During the past year with all the restrictions on our business we have pivoted to focus on distribution of our craft beer and spirits products. This is now a key component of our success. There are proposed rules which will inhibit our distribution sales capabilities within the state of New Mexico.

    I am particularly concerned about the elimination of the Craft Distiller’s access to sales of craft canned RTD (ready-to-drink) cocktails through restaurant delivery.

    The final version of House Bill 255 that passed this year says:

    Section 4 B. An alcoholic beverage delivery permit issued to a valid restaurant licensee shall only convey the authority to deliver alcoholic beverages concurrently with the delivery of a minimum of ten dollars ($10.00) worth of food; provided that under no circumstances shall the delivery of alcoholic beverages be more than seven hundred fifty milliliters of wine, six twelve-ounce containers of prepackaged wine, beer, cider or spirituous liquors or one locally produced growler…

    This language would allow for delivery of canned cocktails from a restaurant premise with the correct licenses.

    In contrast, the proposed rules say:

    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) seven hundred fifty milliliters of wine; (2) six twelve-ounce containers of prepackaged wine, beer, cider;(3)one growler of product manufactured by a small brewer; or(4)one howler of a cocktail containing no more than four and one-half ounces of spiritous liquors, in order to comply with Section 60-6A-4(F)(6), 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

    Comparing the highlighted texts – the proposed rules leave out 12-ounce containers of spirits, which is a distinct disadvantage to Craft Distillers.

    Canned cocktails are an important emerging market. We have invested a considerable amount of time and money in developing our canned cocktails and believe they would be a great fit for restaurants to sell for delivery with food orders. Many restaurants are seeking a simple solution to adding spirits to their menus, and the ready-to-drink cocktails fit that need. This will be a good market for our distillery and other NM Craft Distillers. Our canned cocktails range in ABV from 10% to 12.9%, which is no higher than the average ABV of wine. We strongly believe that these should be added back into the language in the rules in order to be in alignment with the passed legislation and to provide craft distillers with equal opportunity as compared to craft producers of beer, cider, and wine. If there needs to be a limit on the ABV we recommend 13% ABV max RTD cocktails in 12 ounce containers in 4-packs (most RTD cocktails are packaged in 4-packs). This would be in alignment with alcohol content of other allowed packed products for delivery.

    Thank you.

    Sincerely,

    Teresa Dahl-Bredine
    Little Toad Creek Brewery & Distillery
    203 S Mill Road
    Silver City, NM 88061
    575-654-7357

    Teresa Dahl-Bredine
    Little Toad Creek Brewery & Distillery
    575-654-7357

  10. I have a concern about proposed changes to 15.10.32.10(D, E) and 15.10.32.14(B) :

    During the pandemic, ABC issued us a temporary license to expand our premises into the gravel parking lot behind our building. The parking lot is separated from the brewery’s indoor licensed premises by a city alleyway. We obtained permission from the city to make use of the alleyway as part of our application for the temporary license, and it was approved by ABC. We are planning on making the temporary beer garden permanent by submitting an amended floorplan application, but the proposed rules appear to prohibit our previously approved configuration. Adding “unless an exception to this rule is approved in writing by the Director” might solve this issue for us. Please advise.

  11. Dear Desirae. As of July 1 for sales and packages are ridiculous !! We have enough problems.
    The 7 am time is crazy. They should just leave it at 10am. This is going to cause higher DWI
    Lot more accidents to happen Thank you

  12. Hello, I am emailing you in regards to one of the new liquor laws that has recently gone into
    effect. I am gravelly concerned with the law which allows establishments to begin serving
    alcohol at, in my opinion, too early in the day. After learning that establishments can now
    serve alcohol to their patrons as early as 7:00 a.m. I strongly believe this to be a big mistake.
    With New Mexico already having one of the highest driving while intoxicated, as well as
    fatalities due to drunk drivers per capita in the U.S.A. the aforementioned law will
    significantly increase these awful incidents. I strongly oppose the sale of alcohol before
    12:00p.m. except in cases where the establishment only serves it’s patron(s) alcohol if food is
    served with the alcohol after 11:00 a.m. Thank you for your time and consideration. Feel free
    to contact me if you have any questions or concerns.

  13. public comment attached

    Jacqueline Flug

  14. I object to the requirement in the new proposed regulations that outdoor areas be attached to a licensed building. Outdoor areas can be controlled adequately whether attached by a fence or corridor or freestanding. The regulations specifically state that buildings operated under one liquor license do not need to be connected by indoor passageways. This should be extended to outdoor areas.

  15. Your references to Restaurant (a) (A) and (b) (B) licenses are significantly different in the rule than in the statute. This may cause confusion.

  16. I am all for the delivery of liquor to homes. I think the delivery of alcohol to homes would probably cause a reduction in drunk driving incidents. I agree that the liquor shouldn’t be delivered to public locations such as businesses, campuses, and parks. Alcohol should only be delivered when an individual is shown to have access to a house. No delivery to someone standing in front of a house.

    I would appreciate a slight increase in the allowable alcohol content of a howler to 6 Fl Oz. I think the 3 hour time frame is reasonable.

    All other changes I am all about, increased competition without an enormous buy in would be great for both New Mexicans and New Mexican businesses. I appreciate our state legislators being able to come together and make changes where they were desperately needed.

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