N.M. Admin. Code § 15.11.20.11

Current through Register Vol. 35, No. 23, December 10, 2024

Section 15.11.20.11 - THIRD-PARTY ALCOHOL DELIVERY LICENSE

A. A person may be issued a third-party alcohol delivery license upon submission of a completed application or renewal application to the division, on a form to be prescribed by the director. Applications and renewal applications must be accompanied by:

(1) Documentation of delivery employees state issued server permits;

(2) Proof of general liability insurance coverage, providing coverage for employees and independent contractors of applicant, in an amount of one million dollars ($1,000,000) or greater, per occurrence;

(3) Proof of applicant being authorized to do business in the state; and

(4) An exampla copy of a contract to be used between applicant and licensees holding alcoholic beverage delivery permits, with executed contracts to be submitted after execution.

B. The holder of a third-party alcohol delivery license may:

(1) Contract with licensees issued an alcoholic beverage delivery permit for the purpose of delivering alcoholic beverages to customers;

(2) Deliver alcoholic beverages, in accordance with the act and these rules, from a licensed premises of a licensee to customers.

(3) Have in their possession only alcoholic beverages purchased by a customer and received from a licensee's stock.

C. If for any reason a delivery of alcoholic beverages cannot be completed, the alcoholic beverages shall be returned to be entered into the licensee's stock and the customer shall be refunded for the payment collected prior to delivery.

D. A third-party alcohol delivery licensee shall not:

(1) Share in the profits of the sale of alcoholic beverages with a licensee;

(2) Buy, hold or deliver alcoholic beverages under a third-party alcohol delivery license; or

(3) Assist licensees in the delivery of alcoholic beverages in violation of these rules.

(4) Nothing in this section shall preclude a third-party alcohol delivery licensee from holding any other license issued pursuant to the Liquor Control Act.

N.M. Admin. Code § 15.11.20.11

Adopted by New Mexico Register, Volume XXXII, Issue 18, September 28, 2021, eff. 9/28/2021