New Mexico § 60-6A-4 - Restaurant license

§ 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 .