TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 10 ALCOHOLIC
BEVERAGES GENERAL PROVISIONS
PART 32 PREMISES - LOCATION AND
DESCRIPTION OF LICENSED PREMISES
15.10.32.1 ISSUING AGENCY: New Mexio
Regulation and Licensing Department, Alcholic Beverage Control Division.
[15.10.32.1 NMAC - Rp, 15
NMAC 10.3.2.1, 4/25/2017; A, 9/28/2021]
15.10.32.2 SCOPE: These rules
apply to all licensees and applicants for licensure under the act.
[15.10.32.2 NMAC - Rp, 15
NMAC 10.3.2.2, 4/25/2017]
15.10.32.3 AUTHORITY: Section
60-3A-10 NMSA 1978 of the act authorizes the director to make and adopt such
rules as necessary to carry out the duties of the division.
[15.10.32.3 NMAC - Rp, 15
NMAC 10.3.2.3, 4/25/2017]
15.10.32.4 DURATION: Permanent.
[15.10.32.4 NMAC - Rp, 15
NMAC 10.3.2.4, 4/25/2017]
15.10.32.5 EFFECTIVE DATE: April 25, 2017,
unless a later date is cited at the end of a section.
[15.10.32.5 NMAC - Rp, 15
NMAC 10.3.2.5, 4/25/2017]
15.10.32.6 OBJECTIVE: These rules
are intended to establish standards for the location and description of areas
identified as licensed premises.
[15.10.32.6 NMAC - Rp, 15
NMAC 10.3.2.6, 4/25/2017]
15.10.32.7 DEFINITIONS: Unless
otherwise defined in 15.10.2 NMAC, terms used in these rules have the same
meanings as set forth in the act.
15.10.32.8 LOCATION NEAR CHURCH, SCHOOL OR
MILITARY INSTALLATION: All measurements for the purpose of
determining the location of a licensed premises in relation to churches or
schools shall be the shortest direct
line measurement between the actual limits of the real property of the church
or school in which there is regularly conducted church services or educational
functions, and the controlled access area of the licensed premises where
alcoholic beverages are proposed to be sold.
If the proposed licensed premises is within 400 feet of a church or
school, and the applicant does not admit the proposed licensed premises is
within 300 feet of a church or school, the application must be accompanied by a
certified report of a registered engineer or duly licensed surveyor. A license may be granted for a proposed
location if a person has obtained a waiver from a local option district
governing body for the poroposed location.
[15.10.32.8 NMAC - Rp, 15
NMAC 10.3.2.8, 4/25/2017; A, 9/28/2021]
15.10.32.9 PREMISES WHERE ALCOHOL WAS SOLD
PRIOR TO 1981:
A. For purposes of transfer and
issuance of liquor licenses, a location where alcoholic beverages were sold
prior to July 1, 1981, is a location that was licensed for the sale of
alcoholic beverages by the division prior to July 1, 1981. For purposes of special dispenser’s permits,
a location where alcoholic beverages were sold prior to July 1, 1981, includes
church and school property where alcoholic beverages were traditionally sold
prior to July 1, 1981, at events, such as annual church fiestas or school
fundraisers, even if the premises were not licensed by the division prior to
July 1, 1981.
B. If an applicant seeks to have a
location approved as a licensed premises where alcoholic beverages were sold
prior to July 1, 1981, and if alcoholic beverages have not been sold on the
previously licensed premises for a period of 12 months or more, the applicant
has the burden of showing the church or school has not detrimentally relied on
the lack of sales or closing of the previously licensed premises. An applicant for a special dispenser’s permit
on church or school property has the burden of establishing that sales of
alcoholic beverages occurred on the church or school property on an annual or
other regular basis prior to July 1, 1981.
[15.10.32.9 NMAC - Rp, 15
NMAC 10.3.2.9, 4/25/2017]
15.10.32.10 LICENSED PREMISES AND CONTROLLED
ACCESS AREAS:
A. Nothing in these rules shall
prohibit the licensure of the entire premises, including more than one
structure, of the controlled access areas of the grounds of any hotel, golf
course, ski area, racetrack, distillery, brewery, or vineyard of a winery, as
defined in the act, or any restaurant, identified in Subsection O of Section
60-3A-3 NMSA 1978, when any of these types of licenses are operated by the
licensee who profits directly and exclusively from the operation of the
license;
B. An accurate description of the
licensed premises with the proposed controlled access areas clearly marked,
must be filed with the division;
C. The sale, service and consumption of
alcoholic beverages is limited to to controlled access areas;
D. Roads are not to be included in
controlled access areas, except within golf courses, in which the boundaries of
golf cart and pedestrian crossings are clearly marked by permanent marking on
the surface of the roads by white or yellow reflective painting or striping
material similar to pedestrian crossing markings found on city and state
streets and roads; and
E. Parking lots and fuel pump
stations, unless granted written approval by the division, may not be included
in controlled access areas.
F. A licensee may obtain an
exception to these requirements with written approval issued by the Division.
[15.10.32.10 NMAC - Rp, 15
NMAC 10.3.2.10, 4/25/2017; A, 9/28/2021]
15.10.32.11 [RESERVED]
[15.10.32.11 NMAC - Rp, 15
NMAC 10.3.2.11, 4/25/2017; Repealed 9/28/2021]
15.10.32.12 CHANGE OR EXPANSION OF LICENSED
PREMISES: Floor plans that accurately reflect the
controlled access areas of a licensee’s licensed premises must be kept current
by filing an application to change a floor plan within 30 days of a change, and
to expand a floor plan by filing an application prior to the expansion, or upon
request by the director. If the total
square footage of the controlled access area of the licensed premise will
increase by more than twenty-five percent pursuant to the floor plan change,
the licensee may be required to file an application for change of location on a
form approved by the division.
[15.10.32.12 NMAC - Rp, 15
NMAC 10.3.2.13, 4/25/2017; A, 9/28/2021]
15.10.32.13 [RESERVED]
[15.10.32.13 NMAC - Rp, 15
NMAC 10.3.2.14, 4/25/2017; Repealed 9/28/2021]
15.10.32.14 OUTDOOR CONTROLLED ACCESS AREAS: Controlled access areas of a licensed premises that
are outdoors must be enclosed by a continuous physical barrier of sufficient
height in order to physically separate the controlled access area from the
surrounding area. The division may allow
exceptions to this requiremet upon written request by a licensee.
[15.10.32.14 NMAC – N,
9/28/2021]
HISTORY OF 15.10.32 NMAC:
Pre-NMAC Regulatory Filing
History: The material in this part was
derived from that previously filed with the State Records Center and Archives under:
ABC Regulation No. 6B-2.(D),
Operation of Licenses on Designated Premises, Interpreting and Exemplifying
Section 60-6B-2 NMSA 1978 (1981-1984 Supp.), filed 11/04/1985.
AGD 6B-2(C), Operation of
Licensed Premises, filed 09/25/1990.
ABC Regulation No. 6B-10.(A),
Location Near Church, School, or Military Installation Regulation 6B-10.(A),
Interpreting and Exemplifying Section 60-6B-10 NMSA 1978 (1981-1984 Supp.),
filed 11/04/1985.
AGD 6B-10(A), Location Near
Church, School, or Military Installation, filed 09/25/1990.
ABC Regulation No.
6B-12(G)(A), Location of Licensed Premises Regulation 6B-12(G)(A), Interpreting
and Exemplifying Section 60-6B-12(G) NMSA 1978 (1981 and 1984 Supp.), filed 12/04/1984.
AGD 6B-12, Location of
Licensed Premises, filed 09/25/1990.
History of Repealed Material:
15 NMAC 10.3.2.12 Drive-up
Windows, Walk-up Windows, Repealed 7/15/1999.
15 NMAC 10.3.2, Premises - Location and Description of
Licensed Premises, filed 03/14/1997 - Repealed effective 4/25/2017.
NMAC History:
15 NMAC
10.3.2, Premises
- Location and Description of Licensed Premises (filed 3/14/1997) was replaced by 15.10.32 NMAC, Premises - Location and Description of
Licensed Premises,
effective 4/25/2017.