TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 27 LICENSES AND PERMITS - INTER-LOCAL
OPTION DISTRICT TRANSFERS
15.11.27.1 ISSUING AGENCY: The New Mexico
Regulation and Licensing Department, Alcoholic Beverage Control Division.
[15.11.27.1 NMAC - Rp, 15
NMAC 11.2.7.1, 4/25/2017; A, 9/28/2021]
15.11.27.2 SCOPE: These rules
apply to all licensees and applicants for inter-local option district transfers
under the act.
[15.11.27.2 NMAC - Rp, 15
NMAC 11.2.7.2, 4/25/2017]
15.11.27.3 STATUTORY 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.
[15.11.27.3 NMAC - Rp, 15
NMAC 11.2.7.3, 4/25/2017]
15.11.27.4 DURATION: Permanent.
[15.11.27.4 NMAC - Rp, 15
NMAC 11.2.7.4, 4/25/2017]
15.11.27.5 EFFECTIVE DATE: April 25, 2017,
unless a later date is cited at the end of a section.
[15.11.27.5 NMAC - Rp, 15
NMAC 11.2.7.5, 4/25/2017]
15.11.27.6 OBJECTIVE: These rules
are intended to establish procedures for filing and processing applications for
inter-local option district transfers, applicable to dispenser, and retailer
licenses.
[15.11.27.6 NMAC - Rp, 15
NMAC 11.2.7.6, 4/25/2017]
15.11.27.7 DEFINITIONS: Unless otherwise defined in 15.10.2 NMAC, terms used
in this rule have the same meanings as set forth in the act.
[15.11.27.7 NMAC - Rp, 15
NMAC 11.2.7.7, 4/25/2017]
15.11.27.8 GENERAL APPLICATION REQUIREMENTS: An application for an inter-local option
district transfer shall satisfy the general requirements for applications set
forth at 15.11.21 NMAC, as applicable, in addition to the requirements set
forth in this part.
[15.11.27.8 NMAC - N, 4/25/2017]
15.11.27.9 FILING PERIOD:
A. The filing period for
determining priority of inter-local option district transfers is beginning at 8:00 a.m. on October 1,
and ending at 12:00 p.m. on December 31, or upon receipt by the division of the
10th priority application, whichever is later.
B. In the event that the division
receives more than ten applications within
a single calendar year for a single inter-local option district, such transfers
will be accepted by the division only during the filing period each year for
the next calendar year's transfers.
C. Any application received before 8:00
a.m. on October 1 will be returned with a letter requesting that the applicant
resubmit the application during the appropriate filing period.
D. Any application received after the
end of the filing period will be considered untimely and will be returned to
the applicant.
[15.11.27.9 NMAC - Rp, 15
NMAC 11.2.7.8, 4/25/2017]
15.11.27.10 PRIORITY:
A. All substantially complete
applications submitted on October 1 after 8:00 a.m. and before 5:00 p.m.,
regardless of the time submitted, will be considered to have been received at
the same time on that date. If more than
10 applications are received on that date, priority applications will be
determined by random selection by the director without reference to the
contents of the application.
B. Remaining applications submitted on
October 1, if more than one, will be selected for processing by random
selection if one or more of the priority applications selected is withdrawn or
disapproved.
[15.11.27.10 NMAC - Rp, 15
NMAC 11.2.7.9, 4/25/2017]
15.11.27.11 APPLICATION PROCESSING:
A. All substantially complete
applications received shall be date and time stamped by the division. Applications that are not substantially complete
will not be processed and returned to the applicant with a notice of all
deficiencies.
B. When the division receives more than
ten applications within a single local option district, only priority
applications will be processed for transfer during any calendar year.
C. Other substantially complete
applications received beyond the priority applications will be date and time
stamped and a record kept of their receipt. To avoid having to deposit the filing fees,
the division will photocopy the applications and return them to the applicants
with letters advising how many applications are being processed before theirs
and that they will be notified if and when their applications will be
considered. Those applications will be
given first consideration if any of the priority applications are withdrawn or
disapproved. Applications not considered
or approved for one calendar year's transfers may not be resubmitted until the
filing period for the next calendar year.
[15.11.27.11 NMAC - Rp, 15
NMAC 11.2.7.10, 4/25/2017]
15.11.27.12 AMENDMENTS: All
applications will be processed based on the information originally submitted. If an application is substantially changed at
the request of the applicant, the application may be considered by the division
to have been withdrawn. Any application
considered by the division to be withdrawn must be resubmitted as required by
this rule and will lose any priority for processing it may have received when
first filed. If there is a substantial
change made to an application after it has been approved or disapproved by the
local option district at hearing, including but not limited to a change in
transferee, a change of ten percent or more in stock ownership, a change in the
named transferee, a change in an officer or director, any change in location, a
substantial change to the floor plan or any other terms and conditions deemed
substantial by the director, the director may require the amended application
be resubmitted to the local option district for approval.
[15.11.27.12 NMAC - Rp, 15
NMAC 11.2.7.11, 4/25/2017]
15.11.27.13 PROHIBITED
TRANSFERS:
A. This rule does not authorize the
transfer of any stock or other ownership interest of any licensee whose license
is not otherwise transferable under the provisions of the act.
B. The director, upon notification of
any change in ownership or structure, may require any entity or person who has
obtained an interest in any license, or other entity, to complete an
application and provide all documents and information the director deems
necessary to ensure full disclosure and qualification of all persons and
entities.
C. No license will be issued when the
applicant is delinquent in the payment of any taxes, fees, fines, costs or
penalties collected by the state of New Mexico, the liability for which arises
out of the exercise of the privilege of a liquor license; or if citations for
violations of the act are unresolved at the time of filing the application,
unless the licensee and the division are involved in a formal administrative or
judicial resolution process.
[15.11.27.13 NMAC - N, 4/25/2017]
HISTORY OF 15.11.27 NMAC: [RESERVED]