For Existing Licensees
FAQs: For Existing Licensees
What type of License is needed to manufacture/produce Hard Cider?
- You must obtain or hold a WINEGROWER Liquor License.
What type of License is needed to manufacture/produce Kombucha?
What types of liquor licenses are allowed to do growlers?
Small Brewers, Winegrowers, Craft Distillers, and Dispensers (with package sales capabilities). As well as Restaurant A, Restaurant B, and Inter-Local Dispensers who have an Alcoholic Beverage Delivery Permit (only through delivery sales).
What are acceptable forms of identification?
- Any ID card issued by a federal, state or municipal government that contains a picture of the person and a birth date showing that they are over 21 years of age.
- Some examples are a driver’s license, non-driver ID, military ID, or a passport.
- Effective July 1, 2021, the New Mexico state law was revised, for the purposes of the Liquor Control Act an ID is valid even if it has expired.
- Except for deliveries of alcoholic beverages, it is unnecessary to ask for ID if the person clearly looks older than 35 years of age.
Can an Establishment or Server accept a Temporary State issued Driver's License or ID when making and Alcohol Sale?
- Yes, you can, as long as the old vertical ID is present with the temporary horizontal ID when the alcohol sale is completed.
How old must a person be to buy, possess or consume alcoholic beverages in New Mexico?
- A person must be at least 21 years of age to buy, possess or consume alcoholic beverages. It is illegal for anyone to sell, give or procure alcohol to or for a Minor.
What are the legal hours of operation during which alcohol can be sold, served or consumed on a licensed premise?
Effective July 1, 2021, restrictions lifted for Christmas Day and Sunday Sales. No longer require Sunday Sales Application, Stamp or Fee.
Package Sales, the hours of service are 7:00am until Midnight.
On-Premises Licensees, the hours of service are 7:00am to 2:00am
For Restaurant License Holders, hours are from 7:00am untill 11:00pm or when food service stops, whichever is earlier.
This will apply to the entire state except for Local Option Districts in McKinley County which are allowed to enact ordinances restricting sales between 7am and 10am for package sales.
No restrictions for Holidays or Election days, regular operating hours apply.
SERVER PERMIT: Who is required to obtain a Server Permit?
- Everyone who sells or serves alcohol in the state of New Mexico is required to obtain an Alcohol Server Permit and it must remain active/current. This includes all Liquor License Owners, Lease Holders, Managers, the Designated Resident Agent for the License, Bartenders, Bouncers, Waiters, Waitresses and Convenience or Grocery Store Clerks.
- Anyone who serves and sells alcoholic beverages and packaged liquor.
- Only Approved Providers listed on our website are acceptable. For the provider listing CLICK HERE.
May minors be employed to sell or serve alcoholic beverages?
- Persons 18 to 20 years of age may only work in a Restaurant environment and cannot be bartenders or cocktail servers or manage the sale and/or service of alcoholic beverages.
– A Restaurant is an establishment whose primary activity is the sale of food and not the sale or consumption of alcohol.
- Only persons over 21 years of age may sell or serve alcohol in package stores, bars or lounges or delivery alcoholic beverages with a valid Server Permit.
- Wholesalers may employ a Minor 18-20 years old for Warehouse Operations or to Transport Sealed unbroken packages to Liquor License Holders only.
May a Restaurant, Craft distiller, Small Brewer, Winegrower Liquor License be sold, transferred or leased?
- No, these types of Liquor Licenses cannot be sold, transferred or leased from one individual to another, from one business to another or from one location to another.
- If the ownership or location of the business changes, a new liquor license must be obtained with one exception:
– RELOCATION of Restaurant B License: May transfer/change locations within the same local option district.
Is gambling permitted on a licensed premise?
- No. Gambling is not permitted except as authorized under the Gaming Control Act – lottery tickets – and the Bingo & Raffle Act – certain non-profit clubs have pull-tabs and gaming machines that may only be played by members of the club.
May a licensee allow pool playing or other games on the licensed premise?
Yes, games of skill such as pool and bowling are permitted.
- Participants CANNOT be charged an entry fee and cash prizes or other prizes of value may not be awarded.
- Spectators or participants may not gamble or bet on the outcome.
Should a licensee or a server sell alcoholic beverages to an intoxicated person?
- No. It is a violation of the Liquor Control Act to sell or serve alcoholic beverages to a person who is obviously intoxicated if the server knew or should have known that the person was intoxicated.
What types of citations may be issued to a liquor license?
- Citations can be either criminal, administrative or both for selling or serving alcoholic beverages to minors and intoxicated individuals.
- Criminal citations are issued law enforcement agents with the State Police Special Investigations Unit.
- Selling or serving alcoholic beverages to a minor a second time is a fourth-degree felony.
- Administrative citations are processed by the Division. Violations of the Liquor Control Act may result in fines of up to $10,000, and/or the suspension or revocation of the license.
Is it possible to receive a criminal citation and an administrative citation for the same act?
- Yes, most violations of the Liquor Control Act are a criminal offense, addressed in State Court AND considered an Administrative Violation of the Act.
-For example, a Sale to a Minor is a crime by the individual making the sale, and an Administrative Violation of the Liquor Control Act by the Server and their Permit and against the Liquor License held by the Licensee and/or their Lessee.
- The results of the Criminal and the Administrative process may also be different – a Licensee or a Server may have charge(s) dismissed in a criminal proceeding and still be found guilty/in violation in the the Administrative proceeding.
Could a licensee be charged with an administrative violation of the Liquor Control Act based on the actions of an employee?
- Yes, Licensees are responsible for the operation of the Liquor License including the acts of their employees.
- Licensees should train, supervise and monitor their employee’s activities and performance.