TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 29 LICENSES AND PERMITS - TASTING
PERMITS
15.11.29.1 ISSUING AGENCY: The New Mexico
Regulation and Licensing Department, Alcoholic Beverage Control Division.
[15.11.29.1 NMAC - N, 4/25/2017; A, 9/28/2021]
15.11.29.2 SCOPE: These rules apply
to licensed dispenser, retailer, resident manufacturer, non-resident
manufacturer, wholesaler or winegrower license holders applying for a tasting
permit under the act.
[15.11.29.2 NMAC - N, 4/25/2017]
15.11.29.3 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. Section 60-3A-33 authorizes the division to
issue tasting permits.
[15.11.29.3 NMAC - N, 4/25/2017]
15.11.29.4 DURATION: Permanent.
[15.11.29.4 NMAC - N, 4/25/2017]
15.11.29.5 EFFECTIVE DATE: April 25, 2017
unless a later date is cited at the end of a section.
[15.11.29.5 NMAC - N, 4/25/2017]
15.11.29.6 OBJECTIVE: These rules are
intended to establish standards applicable to persons obtaining tasting permits
under the act.
[15.11.29.6 NMAC - N, 4/25/2017]
15.11.29.7 DEFINITIONS: Unless
otherwise defined in 15.10.2 NMAC, terms in this part has the same meaning as
set forth in the act.
[15.11.29.7 NMAC - N, 4/25/2017]
15.11.29.8 TASTING PERMIT, GENERAL PROVISIONS: A licensed
dispenser, retailer, resident manufacturer, wholesaler, winegrower,
non-resident manufacturer or an agent or lessee of any such licensed entity may
apply for and receive a tasting permit on a licensed premises that sells
alcoholic beverages directly to the public and shall adhere to the following
limitations of the permit:
A. The
liquid volume of all pours of alcoholic beverages must be no larger than a
taste.
B. All
tastes must be given free of charge.
C. All
tastes must be poured by the permit holder, or an employee, agent or contractor
of the licensee, with a valid server certification. Any such employee, agent or contractor must
be directly paid by the licensee holding the tasting permit, not through a
third party.
D. The
permit holder, and its employees, agents or contractors may not sell any
alcoholic beverages while operating the tasting permit.
E. The
licensee shall notify the division in writing or via email at least 48 hours
prior to conducting any tasting event, disclosing the date, time and location
of the tasting event.
[15.11.29.8 NMAC - N, 4/25/2017; A, 9/28/2021]
15.11.29.9 APPLICATION REQUIREMENTS FOR AN
ANNUAL TASTING PERMIT: Before an annual tasting permit may be
issued, an application shall be submitted to the director for approval, shall
be signed by the licensee, and shall contain the following fees and
documentation:
A. money
order or check for the annual fee in the amount of $100.00; and
B. a completed,
signed application on the form prescribed by the director for:
(1) a
non-resident licensee, by a person authorized to legally bind the licensee, or
(2) for all other licensees, a person
fingerprinted in connection with their interest in the licensee pursuant to Subsection
B of Section 60-6B-2 NMSA 1978.
[15.11.29.9 NMAC - N, 4/25/2017]
15.11.29.10 NO
TASTING PERMIT ON SAME PREMISES REQUIRED FOR LICENSES ALLOWING SALES BY THE
DRINK: Nothing in this part requires a holder of a
license for sales of alcoholic beverages by the drink to obtain any additional
permit to offer tastes in the controlled access area on their own licensed
premises, except that any service of free alcoholic beverages shall comply with
Subsection C of 15.10.51.11 NMAC regarding free drinks.
[15.11.29.10 NMAC - N, 4/25/2017; A, 9/28/2021]
HISTORY
OF 15.11.29 NMAC: [RESERVED]