New Mexico

Effective July 1, 2019 the name of the Division, formerly known as The Alcohol & Gaming Division, is changed to the Alcoholic Beverage Control Division (ABC). The ABC, under the New Mexico Regulation & Licensing Department, is responsible for regulating the sale, service and public consumption of alcohol.

Laws & Rules:

• NM STATE STATUTES -REVISED 6/16/2023, BOOK ISSUED 7/24/2023
• ABC-NMAC Rule Book Revised 9/28/2021-Issued 11/9/2021
• ABC Rules Changed, adopted 9/2/2021, effective 9/28/21

Required:  Yes

Name: Non-Resident Liquor License

Fee: $100-$3500, plus $200 application fee

Expiration: June 30th, 1-3 years from issue date

Nonresident licensees may sell, offer for sale or ship into the state alcoholic beverages only to licensed New Mexico manufacturers and wholesalers.

Nonresident licenses are issued for a three-year period. The three-year period begins July 1, 2013 and every third year subsequently. Fees for 1 year range from $100 to $3500 depending on total billing to NM wholesaler. There is an additional one-time $200 fee for new applications.

For the purpose of tax revenue control, no holder of a nonresident license or resident broker license may solicit, accept or fill an order for distilled spirits or wine from a holder of any type of wholesaler’s license unless the nonresident licensee or resident broker is the primary American source of supply for the brand of distilled spirits or wine that is ordered. As used in this section, “primary American source of supply” means the distiller, the producer, the owner of the commodity at the time it becomes a marketable product, the bottler or the exclusive agent of any of those. To be the “primary American source of supply,” the nonresident licensee or resident broker must be the first source, that is, the manufacturer or the source closest to the manufacturer, in the channel of commerce from whom the product can be secured by American wholesalers.

Resources:

• Non-Resident Application 2022-2025 revised 05.10.22
• Non-Resident Application Process

Required: Yes

Fee: $5 processing fee

Approval: 7 days

Expiration: Does Not Expire

Copies of Federal label approvals must be submitted into Product Registration Online (PRO). Hardcopies are no longer accepted.

Suppliers and wholesalers are required to file prices with the state. Suppliers only need to file once a year.

Resources:

• Product Registration Online

Franchise Law: Yes

Exclusive Territories: Not Required

Please review the law in its entirety and consult legal counsel prior to taking any action.

Exclusive territories are not required; however, a supplier cannot discriminate amongst its distributors of the same brands.

Termination of the agreement must be in good faith for good cause.

“Good Cause” includes failure by the wholesaler to substantially comply with the essential and reasonable provisions of a contract, agreement or understanding with a supplier, and use of bad faith on the part of the wholesaler in carrying out the terms of the franchise.

The wholesaler may sue the supplier for damages if the supplier violates the agreement.

Citations:

• NMSA § 60-8A-7 to § 60-8A-11 Franchise Provisions

Required: Yes

Name: Invoice Report

Due Date: Monthly, by the 20th

Every nonresident licensee selling or shipping alcoholic beverages to a NM wholesaler is required to submit monthly invoices covering all shipments into or sales in the state, stating the prices, together with all terms, concessions, allowances, forbearances and deductions. Copies must be sent to the Alcoholic Beverage Control Division and New Mexico Taxation & Revenue Department.

Monthly invoices should be emailed to ABC at: nonresident.monthly@state.nm.us 

Available: No

A salesperson’s license is not required.; however, licensees may be required to obtain a permit prior authorizing participation in a tasting event.

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]

Resources: 

Special Events / Wine Tasting Permits 

Allowed: No

There are no statutory or regulatory provisions allowing an out-of-state winery to self-distribute.

• ABC FAQs