Permits: Overview

Public Celebration Permits:

Public Celebration Permits are similar to SDP's but are only issued to Winegrowers, Small Brewer and Craft Distiller license holders. This permit can ONLY be used at public celebrations, such as State or County Fairs, community fiestas, cultural or artistic events, sporting competitions of a seasonal nature or activities held on an intermittent basis.  

Note: This permit is not issued for catered or private events such as wedding receptions or graduation parties. 

FEE: $10.00 per day      CLICK HERE FOR APPLICATION

All laws that apply on a normal licensed premises, apply at the Event Location of the Special Dispenser Permit or Public Celebration.

Requirements for filing a Public Celebration Permit: 

Licensee:  Merely submitting an application does not constitute approval.  If Licensee does not have the Approved Permit for the Event, than the sale, service and/or  delivery of alcoholic beverages is prohibited.  A complete application, w/required attachments must be received by ABC at least 10 days prior to the event. All fees submitted are non-refundable, even when Permit is issued and the Event is postponed and/or cancelled due to unforeseen circumstances.

Eligibility: Only New Mexico Licensees that hold a Craft Distiller, Small Brewer or Winegrower License may apply for a Public Celebration Permit (PCP).  The Master Liquor License must not be in suspension or have pending citations.  If the license holder will be serving alcoholic beverages from any place other than the approved and designated liquor licensed premises, a Permit is required. The local governing body of the local option district must grant approval for the issuance of the permit.  The local governing body includes city council, county clerk, mayor, etc., and they must have authorized Sundays Sales by the drink and the Holder of the Dispenser’s License must have a Valid Sunday Sales Permit issued by the Alcohol & Gaming Division or must have a special concession issued from the local governing body pursuant to §60-6A-12(E) NMSA, 1978.

The Event may be held in any Local Option District.   

• Must not exceed 3 Days: three (3) day maximum, unless permission is granted by Division Director prior to the event. 
• 12 Hours per day, Maximum: Service of alcohol must not occur for more than 12 hours per day.
• Only Employees of the Holder of the NM Craft Distiller, Small Brewer or Winegrower Liquor License with the PCP, that are currently Licensed Servers, may sell, dispense, or serve the alcoholic beverages for the Event. Reminder: No Sale to Minors or Intoxicated Persons; No Sale, Service or Consumption before or after the times listed on Permit; Licensee and Employees restricted from consuming alcoholic beverages at the Special Event; No more than 2 Unconsumed drinks may be in the possession of one person. Servers are not permitted to provide more than the legal amount.
• Must not Remove beer, wine or spirits from area of the celebration: A wine grower, small brewer and/or craft distiller is authorized to dispense New Mexico produced alcohol as allowed by their license type, by the drink for consumption at the celebration.  By-the-drink dispensed New Mexico produced products cannot be removed from the area of the event. The licensee is authorized to dispense the alcohol allowed by that license type in unbroken packages. The unbroken packages may be removed from the area of the celebration.
• Must Post Public Celebration Permit at event: After PCP is issued, Licensee is legally required to Post Permit along with Signage (i.e., pregnancy, firearms, minors, etc.) and it must be prominently posted at the locations where the alcohol will be dispensed, as indicated by the Approved Floor Plan for the Event.  Permits are subject to the same requirements and restrictions contained in the Liquor Control Act and are subject to citation for any violation.

Application Process: A complete Application must be received by AGD at least 10 days prior to the Event.  Application must be signed by the Licensee, before a Notary.  Faxed Applications not accepted and incomplete applications will be returned.   Licensee must obtain the Building/Property Owner’s permission to allow Event serving Alcohol in their facility. The Following are also required and must be attached:

A) Fees: $10 per day, Applicable daily fees must be submitted by business check, Money Order or Cashier’s Check
B) Floor Plan: Detailed Floor Plan, include Pictures, designating restricted and unrestricted areas

• A Detailed Floor Plan (on 8 ½ x 11 sheet) must be submitted showing exactly where the event is to be held
• Total Square Footage for the proposed service area
• Must show the location of Bars, Security, Serving Areas, Entrances, Exits
• Enclosed or barricaded serving areas must also be clearly marked
• If there are any patios or outside areas, indicate how they are enclosed to prevent alcohol from leaving the premises; Describe type and height of Enclosure; Must be four (4) feet or higher
• Placement and Location of Security Personnel; If Security is deemed insufficient, the Director may require additional Security Personnel or may deny permit.  The average is 1 security personnel per 100 people, but may be increased depending upon the type of event requested.

          C) List of Servers: Accurate List of Servers at the Event, including the Full Name of Employee, Server Permit Number and Expiration Date

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Special Dispenser Permits: 

Special Dispenser Permits (SDP), sometimes called a picnic license are used for functions such as wedding receptions, gallery openings, or community fiestas that are taking place off of a liquor licensed premises. These permits are not issued to private individuals, only the holder of Dispenser type liquor licenses may apply for one.  This permit creates a temporary licensed premise from which the licensee may sell or serve alcoholic beverages by the drink for a special event for a limited number of hours. 

FEE: Private Event: $25.00 per day       Public Event: $50.00 per day     CLICK HERE FOR APPLICATION

Note: Holders of Restaurant Licenses (Beer and Wine), Non-Profit Club Licenses (FOP, VFW), Retail Store Licenses and Governmental Licenses are not eligible for this permit. 

Only New Mexico Licensees that hold a Dispenser, Inter-Local, Rural Dispenser, Lottery or Canopy License may apply for a Special Dispenser Permit.  The  event must take place in the same Local Option District where the Liquor License is located.  Please Note: Licensee’s may not serve outside of their own Local Option District.  Only the liquor license holder and his or her employees, who have valid server permits, may serve alcoholic beverages under the Special Dispenser Permit. 

Public Celebration Fee: $50.00 and is open to the public (anyone can attend).

Private Event Fee: $25.00 and is only open to people with an invitation that are personally known to the sponsor.

Duration of Event: Maximum of three (3) consecutive days, unless prior approval has been granted by the Director to list more than three days.

Alcohol Service may only take place for a maximum of 12 hours per day and the

Director may reduce the number of hours allowed.

All Applications must be filled out completely by an approved Liquor License Owner, Lessee or Resident Agent, that has submitted fingerprints to AGD and has received clearance.

Event information must contain the following:

• The Date and duration of the event, with a maximum of three consecutive days.
• List the time the event begins and ends.  Also list the timeframe the Dispenser intends to distribute the alcohol.  Please note that the times for service may change at the discretion of the Director.
• “Number of people expected” is the number of people that are expected to drink at the event.  If there are controlled access areas for adults only, this may be different than total attendance.
• “Description of Security” refers to off- duty law enforcement, on-duty law enforcement (with a signed letter from Police Chief, Sherriff etc.), a Security Company, or an alcohol certified employee of the Dispenser who is only assigned security duties – no serving.
  
  If Security is deemed insufficient, the Director may require additional Security Personnel.  The average is 1 security personnel per 100 people but may be increased depending upon the type of event.

The Notarized Signature from the License Holder certifies that the event is not within 300 feet of a church or school.  If an event is within 300 feet of a church or school, a Waiver or Resolution from the Local Option District is required and must be attached to the Application.

Applications must have the signature of an official from the Local Option District (LOD) where the event will be held (Mayor, City Councilor, County Commissioner,  City or County Clerk or other person designated by the governing body with signing authority).

A Special Dispenser Permit Application must be submitted with the following required documents:

1. A Detailed Floor Plan (8½”x11”), showing the location of any bars/serving areas/controlled access areas and all entrances and exits.  Outside locations need to list type and height of enclosure – minimum 3 feet height of enclosure to ensure alcohol is not passed over enclosure. 
2. Photographs, if available, will clarify event space and will assist with the processing of your Application.
3. Server Certification of all employees of the License Holder is required, especially for those serving at events.  The notarized signature of the License Holder on the application is the sworn statement to the Division that all servers are certified.  Providing inaccurate or false information may result in refusal to issue future permits.

SDP Applications should be in AGD office at least 10 days prior to the event. This allows staff to review the application, contact and allow the License Holder the opportunity to submit missing documentation or make any required changes, and to notify the Department of Public Safety, Special Investigations Division of the event.  Please note that a DPS/SID Agent may attend your event to ensure compliance with the Liquor Control Act.

All Special Dispenser Permits are subject to the same requirements and restrictions contained in the Liquor Control Act and are subject to citation for any violations.  Licensees are reminded:

• No sales to minors or intoxicated persons.
• No sale, service or consumption of alcohol before or after the times listed on the permit.
• Neither Licensees nor their employees are permitted to consume alcoholic beverages at the special event.
• No Package Sales of alcohol are permitted - ONLY opened containers may be supplied.
• No more than 2 unconsumed drinks may be in the possession of one person at any given time.  Servers are not permitted to provide more than the legal amount.

Please note: this information is provided as a brief reminder to the License Holder of what is required To apply for a Special Dispenser’s Permit and/or Public Celebration Permit, and of their responsibilities when holding the event but is not a comprehensive list.  Refer to NM State Statutes and AGD Rules and Regulations / the Liquor Control Act for all requirements.

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Tasting Permits

FEE: $100.00 yearly​     CLICK HERE FOR:    APPLICATION          TASTING EVENT - INFORMATION SHEET

REQUIREMENTS:
To Apply for an Annual Tasting Permit, you must be the holder of a valid New Mexico Dispenser, Retailer, Resident Manufacturer, Non-Resident Manufacturer, Wholesaler, or Winegrower Master Liquor License.   

For Non-Resident Manufacturers, please attach a valid/active Manufacturer’s License from the issuing state.

The Master License required for a Tasting Permit to be issued by the state of New Mexico, must remain active throughout the Term of the Tasting Permit.  All Tasting Events must cease should the Master License become inactive for any reason.

You must submit an accurate Server List that identifies the name, permit number and expiration date of the employees or agents that will be working the Events and must include a copy of each server permit.  Ensure that any and all employees that may work an event are listed.  This Approved List must be posted at each event with a copy of the Approved Permit.

SERVICE: 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.

SALE of alcoholic beverages is prohibited while operating Tasting Permit.

Tasting Permits, only authorizes the sampling of alcoholic beverages in accordance with ABC Rules and NM law.  Samples or tastes of alcoholic beverages are defined in 15.10.51.11 D(4) NMAC as follows: “1.5 ounces or less of beer or wine and 0.5 ounces or less of undiluted spirituous liquors.” 

Rules:  Licensees and Agents are subject to all ABC rules and the Liquor Control Act - LCA when serving alcohol under this Permit.  An Agent must be a currently licensed dispenser, retailer, resident manufacturer, nonresident manufacturer, wholesaler or New Mexico Winegrower. Service of alcohol to intoxicated persons and/or persons under the age of 21 is a violation of the LCA.  The Licensee may be cited for any violations of the LCA committed by any of its employees, or Agents, including employees of Agents.  Only employees of the entity holding the tasting permit may serve alcohol pursuant to the tasting permit.

Timely Notice by e-mail:  Required to notify ABC via e-mail no less than 48 hours in advance of an event and include the date, time, and location of the tasting event; the products to be sampled, including the name and type of alcoholic beverage; and Server List with the name of server and permit number of those serving at the tasting event.  E-mail notice to ABC shall be to:  Tasting.Event@state.nm.us and ABC will process and then forward to SIU.  Failure to comply may result in a citation.

Documentation Required at Event:  A Tasting Permit Holder, i.e., the Licensee or the Agent, is required to have a copy of the Approved Tasting Permit, a copy of the above-referenced e-mail notification, and the Approved Server List with copies of each Server Permit listed availabe for inspection at every Event.

Location:  Tasting Permit Holders may conduct tastings at any premises licensed by ABC, regardless of whether it is the Tasting Permit Holder’s own licensed premises or the licensed premises of another license.  Only the Licensee to whom a Special Dispenser Permit or a Public Celebration Permit is issued may conduct tasting events at locations other than a permanently licensed premises.

Sundays:  Please note that tastings on Sundays are subject to the Local Option District having held an election that approved Sunday Sales by the Drink.  Package sales are only allowed in local option districts that have voted to approve Sunday Package sales.

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Forms can also be located here, under Applications.  For Questions and information, contact:

Direct Shipper Permits | Patricia Landin | (505) 476-4571

Tasting Permits| Beverly Kennedy | (505) 476-4555

Public Celebration & Special Dispenser Permits/ Interstate Wine Tasting | Marlene Romero | (505) 476-4556

Non-Resident Licenses and Voluntary Suspensions| Trinidad Alderete | (505) 476-4543