PUBLIC HEARING

The Alcoholic Beverage Control Division is holding a public hearing on July 26, 2021, from 1:00 p.m. to 5:00 p.m. and if the hearing is not concluded at that time, will continue to July 27, 2021, from 1:00 p.m. to 5:00 p.m. via Cisco Webex platform. We encourage our members who are interested to watch this hearing and submit any comments you may have. Proposed Rules, Click Below to Make Your Comment – NM RLD

Here is the link to the proposed rules: Proposed-Rules.pdf (nm.gov)

We understand that applications for the delivery license as well as the new Restaurant B, full liquor, and NM spirits license are being accepted by the department but approval will likely be held up until after the rulemaking. Applications for these licenses are available on the ABC website and may be submitted starting July 1.

Regarding delivery of alcohol, we do know that delivery drivers will have to be 21 years old, alcohol certified, and follow the same rules regarding restrictions of sales to minors and intoxicated people. If a licensed business is using a third-party delivery service, that service must be licensed and the drivers certified. 

CHANGES STARTING JULY 1

Here are immediate changes to the liquor laws as of July 1, 2021, that proprietors should be aware of, in no particular order:

·     Sunday sales: No restrictions. Hours, based on the various licenses hours of operation, are the same on Sunday as they are Monday through Saturday. Off-premise sales – 7 am – midnight. On premise, full dispenser – 7am – 2am.

·     Ask for ID if the person looks younger than 35.

·     An identity document is valid for the purposes of the Liquor Control Act even if it is expired.

·     Holders of dispensers, restaurant or club license may employ servers 18 years or older to sell or serve alcoholic beverages in a restaurant setting. Food sales must be the primary source of revenue. Bartenders must still be 21 years of age or older.

·     Off-premise licensees may not sell spiritous liquors in closed containers of 3 fluid ounces (‘minis’) or less. The exceptions to this rule are on-premise sales of miniatures such as hotels, golf courses, planes, and trains.

·     Licensed Premises Expansion- Creating a “controlled access” area outside of the licensed premises will be allowed (excluding parking lots or fueling stations) on the property of the business as long as the controlled access area is enclosed by a sufficient barrier and connected and contiguous to an indoor controlled access area. “Licensed Premise” means contiguous areas of the business property that are under the direct control of the licensee. A diagram/floor plan must be approved by ABC.

More to come once the delivery rules are finalized!

Final Copy of House Bill 255 – https://www.nmlegis.gov/Sessions/21%20Regular/final/HB0255.pdf

NMRA Analysis of HB 255 – https://www.nmlegis.gov/Sessions/21%20Regular/final/HB0255.pdf

ABC Analysis of HB 255 – https://docs.google.com/viewerng/viewer?url=https://www.nmrestaurants.org/wp-content/uploads/2021/04/ABC-update-on-2021-legislation.pdf&hl=en

Notice of Proposed Rulemaking July 26, 2021 –  http://www.rld.state.nm.us/uploads/files/Alcohol%20and%20Gaming/Notice%20of%20Proposed%20Rulemaking.pdf

Proposed Rules – http://www.rld.state.nm.us/uploads/files/Alcohol%20and%20Gaming/Proposed%20Rules.pdf