TITLE 15 GAMBLING AND LIQUOR CONTROL

CHAPTER 8 TOBACCO PRODUCTS

PART 8 MISCELLANEOUS FEES

15.8.8.1 ISSUING AGENCY: New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

[15.8.8.1 NMAC – N, 1/1/2021]

15.8.8.2 SCOPE: These rules apply to all licensees and applicants for licensure under the New Mexico Tobacco Products Act.

[15.8.8.2 NMAC – N, 1/1/2021]

15.8.8.3 STATUTORY AUTHORITY: Section 61-37-22 NMSA 1978, of the Tobacco Products Act authorizes the director to make and adopt such rules as necessary to carry out the duties of the division.

[15.8.8.3 NMAC – N, 1/1/2021]

15.8.8.4 DURATION: Permanent.

[15.8.8.4 NMAC – N, 1/1/2021]

15.8.8.5 EFFECTIVE DATE: January 1, 2021 unless a later date is cited at the end of a section.

[15.8.8.5 NMAC – N, 1/1/2021]

15.8.8.6 OBJECTIVE: This rule is intended to establish a uniform schedule of fees applicable to licenses issued under the act.

[15.8.8.6 NMAC – N, 1/1/2021]

15.8.8.7 DEFINITIONS: Unless otherwise defined below, terms used in Title 15, Chapter 8 have the same meanings as set forth in the Tobacco Products Act.

[15.8.8.7 NMAC – N, 1/1/2021]

15.8.8.8 INITIAL APPLICATION FEES:

A. Manufacturer license: $750, per location;

B. Distributor license: $750, per location;

C. Retailer license: $750, per location.

[15.8.8.8 NMAC – N, 1/1/2021]

15.8.8.9 RENEWAL APPLICATION FEES:

A. Manufacturer license: $400, per location;

B. Distributor license: $400, per location;

C. Retailer license: $400, per location.

[15.8.8.9 NMAC – N, 1/1/2021]

15.8.8.10 DESIGNATION OF RESIDENT AGENT FEE:

A. Designation of resident agent during initial application for license: $0;

B. Designation of resident agent during any time other than initial application: $50.

[15.8.8.10 NMAC – N, 1/1/2021]

15.8.8.11 CHANGE OF OFFICERS:

A. Change of officers, per location, during renewal: $10;

B. Change of officers, per location, at any time other than initial application or along with a renewal application: $50.

C. When a licensee holds a license and multiple locations, the change of officer fee may be reduced by the division.

[15.8.8.11 NMAC – N, 1/1/2021]

15.8.8.12 CHANGE IN DBA FEE:

A. Change in DBA application during renewal: $10;

B. Change in DBA at any time other than initial application or along with a renewal application: $50.

[15.8.8.12 NMAC – N, 1/1/2021]

15.8.8.13 CHANGE IN LOCATION FEE: Any time a change of location application is filed with the division, it shall be accompanied by a $100 change of location fee.

[15.8.8.13 NMAC – N, 1/1/2021]

15.8.8.14 LATE FEES:

A. The division may impose a late fee of up to $350 plus ten dollars per day for each additional day an application is late.

B. Late fees may be applied to all applications with timelines or time periods, in which they should be filed.

[15.8.8.14 NMAC – N, 1/1/2021]

15.8.8.15 FEES MAY BE WAIVED OR REDUCED:

A. The division shall have the authority to reduce or waive any of the fees required by the act, upon a showing of good cause by licensee as to why the reduction or waiver is necessary.

B. Upon a showing of good cause, the following fees may be reduced or waived:

(1) Change of officers fee;

(2) Change in DBA fee; and

(3) Late fees.

[15.8.8.15 NMAC – N, 1/1/2021]

History of 15.8.8 NMAC: [RESERVED]