New Mexico Regulation and Licensing Department Alcohol and Gaming Division P.O. Box 251 0 1 ▪ S a nt a F e, N ew M ex i c o 8 7 50 4 - 51 01 ▪ ( 5 05 ) 47 6 - 4 87 5 ▪ F a x ( 50 5 ) 4 7 6 -4 5 9 5 ▪ w w w. rl d. st at e. n m . u s /a g d GENERAL COMMENTS FOR APPLICATION PROCESSING The Alcohol and Gaming Division’s goal is to process your application within 120 to 150 days. We believe that actively working with applicants offers the best opportunity to achieve our goal. Read the general comments for application processing, instructions for filling out the application and resident agent form, and thoroughly review the application packet before submitting your application. This will provide answers to questions often asked by applicants. Application receipt and uptake When your application is received, our first action will be to schedule the preliminary hearing and to post the notice of your application. The controlling statute requires that the notice be posted 20 days prior to the preliminary approval and that the preliminary hearing be held within 30 days of receipt of your application. A Notice of hearing will be sent to you advising of the date and time of your preliminary hearing, and the name of the Hearing Officer assigned to your application (hearings may be conducted in person or by telephone). The applicant is required to publish notice of the hearing in a local newspaper of general circulation. The Hearing Officer will provide the applicant with instruction on how to accomplish this requirement. Failure to publish notice of the hearing and to provide proof of publication to your Hearing Officer will result in the cancellation and rescheduling of your preliminary hearing. Preliminary Review After your hearing has been scheduled, the Hearing Officer will review your application and will prepare and forward a Notice of Deficient Documents listing the items necessary to complete your application. The listed items in the Notice of Deficient Documents should be provided prior to the preliminary hearing. Preliminary Hearing After your hearing, any remaining items should be completed and submitted within 10 days to avoid any delays in processing your application. The Hearing Officer will prepare a “Hearing Officer’s Recommendation” in support of a recommendation to the Division Director. If the application is not completed in a timely manner, the application may be canceled. Once the Director has reviewed the application and the Recommendation, if all is correct, your application will be forwarded to the local governing body in which you propose to conduct business. The local governing body is then required to publish notice of a hearing at the local governing body and to conduct a public hearing before the local governing body within 45 days of receipt. After your hearing with the local governing body, that governing body has 30 days to provide us with the signed documentation. Restaurant (Beer and Wine) Applications Certain local option districts do not provide for restaurant licenses for the sale of beer and wine. If you are not sure whether beer and wine licenses are permitted in the local option district where you propose to apply for a restaurant license, contact our office. If you have any questions, call us at (505) 476-4875. Thank you in advance for helping us to achieve our goal. American LegalNet, Inc. www.FormsWorkFlow.com New Mexico Regulation and Licensing Department Alcohol and Gaming Division P.O. Box 251 0 1 ▪ S a nt a F e, N ew M ex i c o 8 7 50 4 - 51 01 ▪ ( 5 05 ) 47 6 - 4 87 5 ▪ F a x ( 50 5 ) 4 7 6 -4 5 9 5 ▪ w w w. rl d. st at e. n m . u s /a g d INSTRUCTIONS FOR FILLING OUT LIQUOR LICENSE APPLICATION 1. The non-refundable application fee of $200.00 ($250.00 for a Lease Application) must be enclosed or the application will be returned to you. 2. Pages 1, 5, and 6 of the application must be signed and notarized. 3. Page 1 and 2; check only the box that applies to the transaction that you are proposing. 4. Note that all supporting documentation submitted must be in the name of the APPLICANT. If the applicant is a partnership, corporation, LLC or trust, the Tax Registration Certificate, Leases, Deeds, Bills of Sale, etc. must be in the name of that entity. 5. Restaurant (Beer and Wine) Applicants: Make sure that the local option district where the restaurant is located has had an election for Restaurant (Beer and Wine) Licenses, and that it was passed, before you submit an application fee. If you are unsure, contact our office at (505) 476-4875. When applying for Restaurant (Beer and Wine) license, a copy of the menu must be submitted with your application. The menu MUST meet the requirements of the Liquor Control Act. A license cannot be issued to an establishment serving only soups, salads, sandwiches, pizza and other fast foods. Only a full service restaurant serving full meals/entrees will qualify for this type of license. In addition, the applicant must have a kitchen and the employees necessary for preparing, cooking and serving meals. No bar areas will be approved, with the exception of a service bar (for wait staff to prepare the beverages for delivery to the tables), all food and drinks must be delivered to the individual tables by wait staff. Counter service is not permitted. 6. If applying for a Transfer of Ownership or Transfer of Ownership and Location (from the liquor license owner’s location to the Applicant’s location), an Instrument of Conveyance (Bill of Sale, Assignment, Lease, etc.), proof of Tenancy (lease or deed) and a tax clearance from the Department of Taxation and Revenue are required. 7. Each individual, officer, Director, and each shareholder who owns a 10% interest or more, applying for license must complete the Personal Data Information and Affidavit Form. 8. Each individual, officer, Director, and each shareholder who owns a 10% interest or more must be fingerprinted. Fingerprints must be on Alcohol and Gaming Division coded fingerprint cards only. To obtain those cards, contact AGD at (505) 476-4875 and they will be mailed to you or you may come into our offices located at the Toney Anaya Building, 2550 Cerrillos Road, Second Floor, Santa Fe, New Mexico. Complete the card with signature, address, sex, race, height, weight, color of eyes and hair, date of birth, place of birth, citizenship, social security number, application number, or license number and type. Note that persons who have been convicted of a felony or of two misdemeanor violations of the Liquor Control Act in any calendar year may not hold a liquor license or any interest in a liquor license in the State of New Mexico unless the person is restored to the privilege of holding a license by the governor. 9. Attach a separate $44.00 money order or cashiers check with each set of two (2) fingerprint cards (fees cannot be combined into one check when submitting more than one set of cards), payable to the Department of Public Safety and attach these cards to the application form. No personal or business checks accepted. 10. If you are going to over night your application package, send it to the Alcohol and Gaming Division at 2550 Cerrillos Road, Santa Fe, NM 87505. American LegalNet, Inc. www.FormsWorkFlow.com New Mexico Regulation and Licensing Department Alcohol and Gaming Division P.O. Box 251 0 1 ▪ S a nt a F e, N ew M ex i c o 8 7 50 4 - 51 01 ▪ ( 5 05 ) 47 6 - 4 87 5 ▪ F a x ( 50 5 ) 4 7 6 -4 5 9 5 ▪ w w w. r l d. st a t e. n m . u s /a g d SUBMIT THE FOLLOWING DOCUMENTATION 1. Tax Registration Certificate – A copy of the New Mexico Tax Registration Certificate (CRS Identification Number) in the name of the Applicant issued by the New Mexico Taxation & Revenue Department. Applicants may obtain this documentation at any field office. For further information, please call (505) 827-0700. 2. Proof of Tenancy (Lease or Warranty Deed) – A complete copy of the fully executed Lease Agreement or Warranty Deed for the premise in the name of the Applicant. a. The Lease Agreement must be signed by both parties (Lessor and Lessee). All Exhibits, Addendums to Lease Agreement, Amendments to Lease Agreement, or Subleases must accompany the Lease Agreement. b. The Warranty Deed must be a filed and recorded copy. 3. Zoning Statement – A copy of the Zoning Statement for the proposed premise issued by the Local Governing Body’s Planning & Zoning Department (on letterhead). Please contact your city or county clerk for information regarding telephone numbers or addresses for the zoning office in your area. The Zoning Statement must include the following: a. The complete physical address of the proposed premise. b. Zoning (example: C-1, Commercial). c. The statement regarding the permitted use for the type of liquor license being applied for (example: the on-premise consumption of alcohol is a permitted use within this zone). 4. Floor Plan – A copy of the detailed floor plan for the proposed premise showing the entrances/exits, kitchen, dining room, storage, sale, service, and consumption areas. All areas must be completely labeled. Please submit the floor plan on an 8½ x 11 sheet of paper for each floor. The floor plan may be hand drawn or may be a more detailed drawing from an architect. Please DO NOT submit blueprints. a. Need to indicate which direction is North. b. Need to show the location of the main street in relation to the licensed premises. c. Need to indicate the total square footage including patios (example: 2500 square feet). d. If there are any patios or outside dining areas, indicate how they are permanently enclosed to prevent alcohol from leaving the premises. Need to indicate the type and height of enclosure (example: 6 feet adobe wall). 5. Surveyor’s Certificate – A certified copy of the Surveyor’s Certificate (Plat) if the proposed premises is between 300 feet and 400 feet of the nearest church or school. The Surveyor’s Certificate (Plat) should show the measurement from the nearest point of the proposed premises to the nearest point of the church or school property line. All measurements should be taken by shortest direct line. 6. Waiver – A copy of the approved Waiver from the Local Governing Body (on letterhead) if the proposed premises is within 300 feet of the nearest church or school. American LegalNet, Inc. www.FormsWorkFlow.com New Mexico Regulation and Licensing Department Alcohol and Gaming Division P.O. Box 251 0 1 ▪ S a nt a F e, N ew M ex i c o 8 7 50 4 - 51 01 ▪ ( 5 05 ) 47 6 - 4 87 5 ▪ F a x ( 50 5 ) 4 7 6 -4 5 9 5 ▪ w w w. rl d. st at e. n m . u s /a g d Please submit the following documentation if applying as one of the following entities: Partnership 1. Partnership Agreement – A complete and fully executed Partnership Agreement. 2. Certificate of Partnership – A Certificate of Partnership issued by the Secretary of State’s Office (if applicable). Corporation 1. Certificate of Incorporation – A copy of the Certificate of Incorporation. 2. Articles of Incorporation – A filed copy of the Articles of Incorporation and any amendments thereto. 3. Certificate of Good Standing – A copy of the Certificate of Good Standing. The Division will obtain this document from the Public Regulation Commission. If the corporation is not in good standing, the Applicant must submit the document. 4. Certificate of Authority – A copy of the Certificate of Authority must be submitted for all Foreign Profit Corporations (out-of-state). Limited Liability Company 1. Certificate of Organization – A copy of the Certificate of Organization. 2. Articles of Organization – A filed copy of the Articles of Organization and any amendments thereto. 3. Operating Agreement – A complete and fully executed Operating Agreement listing all members and managers including percentages of interest owned by each and any amendments thereto. 5. Certificate of Authority – A copy of the Certificate of Authority must be submitted for all Foreign Profit Companies (out-of-state). ADDITIONAL DOCUMENTATION MAY BE REQUIRED TO COMPLETE THE APPLICATION. American LegalNet, Inc. www.FormsWorkFlow.com New Mexico Regulation and Licensing Department Alcohol and Gaming Division P.O. Box 251 0 1 ▪ S a nt a F e, N ew M ex i c o 8 7 50 4 - 51 01 ▪ ( 5 05 ) 47 6 - 4 87 5 ▪ F a x ( 50 5 ) 4 7 6 -4 5 9 5 ▪ w w w. rl d. st at e. n m . u s /a g d INSTRUCTIONS FOR FILLING OUT THE RESIDENT AGENT PAGE 1. As part of the application, an Applicant who is not a sole proprietor is required to submit information regarding a New Mexico resident who is not a felon, who has the power and authority to make decisions related to liquor sales and operations and upon whom the director may serve any notice related to the operation of the license. 2. The Resident Agent form must be completed, signed, and notarized in two places. The first section, the Appointment section, is to be completed and signed by an officer, director or a shareholder, holding a 10% interest or more, who has been fingerprint qualified. This signature must be notarized. In this section, the applicant will list the name of the chosen Resident Agent. The second section, the Acceptance section, must be completed and signed by the individual who has been designated as the Resident Agent by the Applicant. The signature of the Resident Agent must also be notarized. 3. The individual designated as Resident Agent must complete a Personal Information and Affidavit Form. Note: All entities must file a new application for Resident Agent each time there is a change in agents. 4. Each resident agent must be fingerprinted. Fingerprints must be on Alcohol and Gaming Division coded fingerprint cards only. To obtain those cards, contact AGD at (505) 476-4875 and they will be mailed to you, or you may come into our offices located at the Toney Anaya Building, 2550 Cerrillos Road, Second Floor, Santa Fe, New Mexico. Complete the card with signature, address, sex, race, height, weight, color of eyes and hair, date of birth, place of birth, citizenship, social security number, application number, or license number and type. 5. Attach a separate $44.00 money order or cashiers check with each set of two (2) fingerprint cards (fees cannot be combined into one check when submitting more than one set of cards), payable to the Department of Public Safety and attach these cards to the application form. No personal or business checks accepted. 6. A Resident Agent must be an individual at least 21 years of age and, at time of application, must be a resident of the State of New Mexico and remain a resident of New Mexico. A Resident Agent cannot have been convicted of a felony or of two misdemeanor violations of the Liquor Control Act in any calendar year. 7. A Resident Agent must hold current servers certification. A copy of the server’s certification is required with the resident agent application. American LegalNet, Inc. www.FormsWorkFlow.com