N.M. Admin. Code § 15.11.20.8

Current through Register Vol. 36, No. 1, January 14, 2025

Section 15.11.20.8 - ALCOHOLIC BEVERAGE DELIVERY PERMIT

An alcoholic beverage delivery permit may be issued, at the discretion of the director, to the holder of a retailer's, dispenser's, craft distiller's, winegrower's, small brewer's, restaurant a, or restaurant b license upon submission of an application to the division.

A. For purposes of this section dispenser's licenses shall include dispenser's, inter-local dispenser's, canopy, and lottery licenses.

(1) Those licenses that no longer have package sales capabilities, for consumption off of the licensed premises, to be limited in alcoholic beverage quantities established in Subsection B of 15.11.20.10 NMAC and Subsection C of 15.11.20.10 NMAC.

(2) Nothing within these rules allows licensees to allow for to go sales of alcoholic beverages for consumption off of the licensed premises, if the license does not allow for package sales.

B. The holder of an alcoholic beverage delivery permit may do the following:

(1) Deliver alcoholic beverages only in unbroken packages or sealed growlers;

(2) Deliver alcoholic beverages only within the geographical boundaries of the county and the local option district the licensee is located, unless written approval to deliver into an adjoining county has been given by the division;

(3) Deliver alcoholic beverages only during the hours allowed by the Act, based on the license type; and

(4) Contract for the delivery of alcoholic beverages with the holder of a third-party delivery license issued in accordance with the act.

C. The holder of an alcoholic beverage delivery permit:

(1) Shall receive payment for alcoholic beverages only at the licensed premises of the licensee personally, telephonically, electronically, via website or application, or other internet platform;

(2) Shall not change the price charged for an alcoholic beverage because it was purchased for delivery, provided they may charge a separate delivery fee disclosed at the time of the purchase;

(3) Shall not delivery an alcoholic beverage to a business, a commercial establishment, a college or university, or a school campus;

(4) Shall obtain valid proof of the delivery recipient's identity and age and keep records of such in accordance with 15.11.2.15 NMAC;

(5) Shall not deliver alcoholic beverages to intoxicated persons or to anyone unable to demonstrate that they are 21 years of age or older; and

(6) Shall have only alcoholic beverages that have been purchased for delivery, in their vehicle, while transporting alcoholic beverages for delivery.

D. 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.

E. Contracting with the holder of a third-party delivery license shall not be used as a means to circumvent these rules.

N.M. Admin. Code § 15.11.20.8

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