This page as an invaluable resource for restaurant operators, managers and employees, to find everything you need, from opening a restaurant to making payroll and more. We continually add to this page as we come across more information. Please feel free to suggest content for this page by sending an e-mail to firstname.lastname@example.org.
NOTE: the information provided here is a resource only and cannot be construed as legal advice. We cannot guarantee that it is the most current information though we will try to update as necessary. You are encouraged to visit the actual government and regulatory agency websites for the most current information as it pertains to laws and regulations. As always, consult a lawyer, accountant or other licensed professional to ensure you are in compliance with the law.
- City of Albuquerque Environmental Health Department – contact information, design/construction process, more
- City of Albuquerque Design/Construction Reference
- Accion New Mexico – Commericial lending and other small business and microfinance support services.
- Finance New Mexico – resource for financing a small business.
- The Loan Fund – Provides business loans and other assistance.
- WESST.org – small business loans, education on everything from opening to accounting to operating a business.
- Albuquerque Water by Request Ordinance – water may only be served upon customer request, not automatically.
- Service Dogs – Two resources to answer your questions about serving customers with assistance dogs.
- All Required Forms for Alcohol Serving
- Alcohol Server License – What Must Be Kept By the Employer – NMAC 15.11.2, effective April 14, 2015.
- Alcohol and Gaming Division Summary of Changes 5/30/2017
- Alcohol and Gaming Division Regulations Full Version – We have provided a copy of the Alcohol and Gaming Division Regulations here as a service to the industry. It is not a substitute for legal advice. Please seek the assistance of a licensed professional in any legal situation.
- How to Obtain a Duplicate Server Permit
- High Cost of DWI in New Mexico
- Frequently Asked Questions from Alcohol and Gaming Division
- AGD Memo Spring 2013 – lots of information on new laws, Sunday sales, authorized providers, training frequency and penalties for serving to a minor, firearms signage, drink sizes.
- Message from the Director – Memo from AGD Director outlining several key areas of regulations for licensees
- Premise Inspection Form – form used by the Dept of Public Safety, Special Investigations Division when inspecting licensed premises.
- AGD FAQ and info on Alcohol Sales on Christmas Day
- Alcohol Sales on Election Day
- NM Liquor Laws – see section on Happy Hours Rules
- Alcohol and Gaming Division
MANDATORY AGD POSTERS:
As required by 22.214.171.124 NMAC, all Licensees dispensing alcohol by package or by drink must conspicuously post the following Four (4) Posters:
AND, Choose ONE of the following Firearm Posters, as appropriate:
To be posted in any restaurant that has elected to prohibit firearms of any kind, whether open or concealed, on its licensed premises by conspicuously posting this sign, and in all other licensed premise that are licensed to sell beer, wine, or spirits for on-premise consumption.
To be posted on all licensed premises that do not sell alcoholic beverages for consumption on the premise, or restaurant that has not elected to prohibit firearms of any kind whether open or concealed, on its premise by conspicuously posting the sign on its premises.
To be posted on all licensed premises that do not sell alcoholic beverages for consumption on the premises but choose to prohibit all firearms at the election of the landowner.
Please note that 126.96.36.199 only addressed criminal liability. This rule does not address the rights of any licensee to prohibit firearms under civil law.
Memo from Director-Changes in the Law for Firearms, issued 8/16/2011
General Labor Information
- Federal Department of Labor Wage and Hour Division website
- NM Department of Workforce Solutions Labor and Unemployment FAQ’s
- Restaurants and Fast Food Establishments Under FLSA
- Unemployment Basics Slide deck from UI Seminar at NMRA June 2015
- New Mexico Workman’s Compensation
- New Mexico – Worker’s Compensation Administration Employer’s Guidebook
Other Required Posters
- Required Labor Posters – Federal and State of New Mexico
Wages & Tipped Employee Information
- Minimum Wage Information, Current Wages for New Mexico
- DOL Overview of Tipping with Several Specific Issue Links
- Service Charges Classified as Wages – generally, when a “service charge” is added to a patron’s bill and then distributed to an employee, the added amount is classified as wages (and taxed as such) for the employee and cannot be counted as a tip. There are four guidelines the IRS uses to determine if a payment is a tip or not.
- NRA Legal Problem Solver – Tips and Service Charges (must be an NRA member to access)
- NRA Powerpoint Slides from October 2012 Webinar on Tip and Service Charge Reporting
- FICA Tax on Tips – IRS Ruling
- Calculating Overtime Wages for Tipped Employees
- US Department of Labor Guideline for Tipped Employees
- Tip Pooling Guidelines
- Wage Calculations and Credit Card Fees
- Wage Preemption issues
- Salary Guidelines for Exempt Employees
- Child Labor Laws Under FSLA
- Classifying Managers and Assistant Managers Under FLSA
- Cleaning Products and Work-related Asthma
- New Hires Directory – state law requires employers to report all new hires (and re-hired).
- Pay Equity Information – for businesses seeking contracts and doing business with state agencies.
- Medical Support Notice
- I-9 Forms
- Job Description Writer
- Social Media Policies – here is an example policy you can adapt for your business and information from the NLRB on Social Media Policies
- Breastfeeding Friendly Workplace Initiative – NM policies and practices concerning nursing mothers at your restaurant.
- Healthcare Portal – information on the 2010 health care law and how you can comply
- Medical Support Notice
- Gross Receipts Tax – the NM Gross Receipts tax is subject to change each January and July
- NMRA Scam Resource Page – NMRA maintains this page of common scams that restaurant operators face.
- NM Attorney General’s Office
- Music Licensing – what you need to know about playing music in your restaurant
- Restaurant Tax Center – IRS information for restaurant businesses
- Reporting Tip Income – Restaurant Tax Tips
- State of NM Taxation and Revenue
- GRT table for July-December 2015
- New Mexico Business Links – site with links to state business sites
- WESST – offers business education
- State Economic Development Dept
- www.generalservices.state.nm.us – if you wish to do business with the state of NM
- Business Census – Most businesses will be receiving a census form in the late part of 2012. Every 5 years, the Economic Census develops a comprehensive portrait of American business, from the national to the local level. Timely and accurate data are vital to effective public policy and important to our association and membership.
- Five Tips to Build Your E-Mail List
- Email Marketing Strategies
- Social Media and E-Mail Marketing
- New Mexico Tourism Department Cooperative Marketing
- State Health Department
- City of Albuquerque Ordinance
- The City of Albuquerque has adopted the 2009 Food Code
- City of Albuquerque website – includes inspection form, reportable illnesses, sample template and food safety checklist to prep for an inspection.
- Bernalillo County
- Bernalillo County Ordinance
- The County of Bernalillo has adopted the 2005 FDA Model Food Code.
- ServSafe® 5th Edition Supplement for 2007 Update to 2005 Food Code
- Model Food Code Ordinances
- Nine Tips to Prepare for a Health Inspection