New Mexico § 60-6A-4 - Restaurant license
Full text of New Mexico New Mexico Statutes Annotated § 60-6A-4 — Restaurant license, with citation guidance and answers to common questions.
§ 60-6A-4. Restaurant license
A. A local option district may approve the issuance of restaurant licenses for the
sale of beer and wine by holding an election on that question pursuant to the procedures
set out in Section 60-5A-1 NMSA 1978 . The election also may be initiated by a resolution adopted by the governing body
of the local option district without a petition from qualified electors having been
submitted. B. A local option district that has approved the issuance of restaurant licenses for
the sale of beer and wine is deemed to have approved the issuance of restaurant licenses
for the sale of beer, wine and spirituous liquors in restaurants unless the local
option district affirmatively adopts an ordinance prohibiting such licenses, except
that a local option district within a class B county having a population of between
fifty-six thousand and fifty-seven thousand according to the 1980 federal decennial
census that has approved the issuance of restaurant licenses for the sale of beer
and wine is deemed not to have approved the issuance of restaurant licenses for the
sale of beer, wine and spirituous liquors in restaurants unless the local option district
affirmatively adopts an ordinance approving such licenses. C. A restaurant license issued or renewed on or after July 1, 2021 that permits the
sale and service of beer and wine only shall be designated a restaurant A license. The license shall be issued in accordance with the provisions of this section and
rules adopted by the department. D. A restaurant license issued on or after July 1, 2021 that permits the sale and
service of beer, wine and spirituous liquors shall be designated a restaurant B license. The license shall be issued in accordance with the provisions of this section and
rules adopted by the department. E. After the approval of restaurant licenses by the qualified electors of the local
option district for the sale of beer and wine and upon completion of all requirements
in the Liquor Control Act for the issuance of licenses, a restaurant located or to
be located within the local option district may receive a restaurant A license to
sell, serve or allow the consumption of beer and wine subject to the following requirements
and restrictions: (1) the applicant shall submit evidence to the department that the applicant has a
current valid food service establishment permit; (2) the applicant shall satisfy the director that the primary source of revenue from
the operation of the restaurant will be derived from food and not from the sale of
beer and wine; (3) the director shall condition renewal upon a requirement that no less than sixty
percent of gross receipts from the preceding twelve months' operation of the licensed
restaurant was derived from the sale of food; (4) upon application for renewal, the licensee shall submit an annual report to the
director indicating the annual gross receipts from the sale of food and from beer
and wine sales; (5) all sales, services and consumption of beer and wine authorized by a restaurant
A license shall cease at the time food sales and services cease or at 11:00 p.m.,
whichever time is earlier; (6) if Sunday sales have been approved in the local option district, a restaurant
licensee may serve beer and wine on Sundays until the time meal sales and services
cease or 11:00 p.m., whichever time is earlier; and (7) a restaurant A license shall not be transferable from person to person but shall
be transferable from one location to another location within the same local option
district. F. Upon completion of all requirements in the Liquor Control Act for the issuance
of licenses on and after July 1, 2021, and barring the adoption of an opt-out ordinance
by the governing body of a local option district, a restaurant located or to be located
within the local option district may receive a restaurant B license to sell, serve
or allow the consumption of beer, wine and spirituous liquors subject to the following
requirements and restrictions: (1) the applicant shall submit evidence to the department that the applicant has a
current valid food service establishment permit; (2) the applicant shall satisfy the director that the primary source of revenue from
the operation of the restaurant will be derived from the sale of food and not from
the sale of beer, wine and spirituous liquors; (3) the director shall condition renewal upon a requirement that no less than sixty
percent of gross receipts from the preceding twelve months' operation of the licensed
restaurant was derived from the sale of food; (4) upon application for renewal, the licensee shall submit an annual report to the
director indicating the annual gross receipts from the sale of food and from beer,
wine and spirituous liquors sales; (5) all sales, service and consumption of beer, wine and spirituous liquors authorized
by a restaurant B license shall cease at the time food sales and services cease or
at 11:00 p.m., whichever time is earlier; (6) a restaurant B licensee shall serve a single patron no more than three drinks
containing not more than one and one-half ounces of spirituous liquor during any one
visit to the restaurant; (7) if Sunday sales have been approved in the local option district, a restaurant
B licensee may serve beer, wine and spirituous liquors on Sundays until the time meal
sales and services cease or 11:00 p.m., whichever time is earlier; and (8) a restaurant B license shall not be transferable from person to person but shall
be transferable from one location to another location within the same local option
district. G. The provisions of Section 60-6A-18 NMSA 1978 shall not apply to restaurant licenses. H. Nothing in this section shall prevent a restaurant licensee from receiving other
licenses pursuant to the Liquor Control Act. I. A person that has held a restaurant A license in good standing for a period of
at least twelve consecutive months shall, upon payment of a fee of five hundred dollars
($500), be entitled to a restaurant A New Mexico spirituous liquors permit. In addition to being permitted to sell and serve beer and wine as authorized by
a restaurant A license, the restaurant A New Mexico spirituous liquors permit shall
entitle the licensee to also sell and serve spirituous liquors produced or bottled
by or for a craft distiller pursuant to Section 60-6A-6.1 NMSA 1978 .
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 60-6A-4
What does New Mexico Statutes Annotated § 60-6A-4 cover?
Section 60-6A-4 ("Restaurant license") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 60-6A-4?
A common citation format is "New Mexico Statutes Annotated § 60-6A-4" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 60-6A-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.