N.M. Admin. Code § 15.11.21.11

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

Section 15.11.21.11 - FINGERPRINTS

A. Applicants shall provide fingerprints in compliance with Subsection B of Section 60-6B-2 NMSA 1978.

B. Unless otherwise determined by the director, a licensee is not required to submit new fingerprints when an application is filed for any of the following reasons:

(1) to add a licensee's spouse to the license; however, the spouse must submit fingerprints;

(2) when a husband and wife are the licensees, to transfer the ownership interest of a deceased licensee to his or her surviving spouse; however, if any part of the interest of the deceased spouse goes to any person other than the surviving spouse, that person must submit fingerprints; or

(3)by a licensee with no prior arrest record to obtain an ownership interest in an additional license or to lease another license.

C. Fingerprints shall be taken:

(1)under the supervision of, and certified by a New Mexico state police officer, a county sheriff or a municipal chief of police, or, if a nonresident, under the supervision and certification of comparable officers in the applicant's state of residence; or

(2)in the discretion of the division, by a private agency qualified to take and certify fingerprints, provided the private agency submits to the division written authorization from any of the agencies referenced in Paragraph (1) of Subsection C of 15.11.21.11 NMAC.

D. Any applicant required to submit fingerprints must separately submit a completed personal data affidavit page of the application for liquor license, current within one year from the date the applicatin is submitted.

E. If the applicant is a publicly traded corporation, no fingerprints or affidavits shall be required, and no further disclosure shall be required beyond the requirements of Subsection B of 15.11.21.10 NMAC.

F. Where each applicant required to be fingerprinted by these rules submits a sworn and notarized affidavit stating that he or she has not been convicted of a felony in any jurisdiction and pending the results of background investigations, a temporary license for 90 days may be issued if the applicant satisfies all other application requirements.

G. An applicant who files a false affidavit shall be denied a license, and any false affidavit is grounds for revocation of a license.

N.M. Admin. Code § 15.11.21.11

3/31/97; 7/15/99; 2/29/00; Recompiled 12/31/01, Adopted by New Mexico Register, Volume XXVIII, Issue 08, April 25, 2017, eff. 4/25/2017