Application For Lease Of Liquor License

NM RegulatioN aNd liceNsiNg depaRtMeNt alcoHol aNd gaMiNg diVisioN MailiNg addRess: po Box 25101 saNta fe, NM 87504-5101 pHysical addRess: toNey aNaya BuildiNg 2550 ceRRillos Road, 2Nd flooR saNta fe, NM pH: (505) 476-4875 fax: (505) 476-4595 www.Rld.state.NM.us/alcoHolaNdgaMiNg LEASE OF LIQUOR LICENSE APPLICATION American LegalNet, Inc. www.FormsWorkFlow.com New Mexico Regulation and Licensing Department Alcohol and Gaming Division PO Box 25101 Santa Fe, NM 87504-5101 Phone: (505) 476-4875 Fax: (505) 476-4595 www.rld.state.nm.us/alcoholandg aming Rev. 05/16 INSTRUCTIONS FOR LEASE OF DISPENSER TYPE LIQUOR LICENSE APPLICATION 1. The non-refundable application fee of $250.00, must be enclosed or the application will be returned to you. Keep a copy of the complete application packet for your records. 2. Checklist, included in the packet to assist you in submitting all the required documentation. Lease will not be approved without a copy of the Liquor License Lease, Tax Clearance and Wholesaler Debt Clearance. 3. Appointment of Representative ­ If the applicant is represented by an attorney, broker, CPA, etc., a letter authorizing the Division to disclose information. 4. Pages 1, 5, and 6 of the application must be signed and notarized. 5. Note that all supporting documentation submitted must be in the name of the APPLICANT. If the applicant is a Corporation, LLC, Partnership, or Trust, the Tax Registration Certificate, Leases, Deeds, Bills of Sale, etc. must be in the name of that entity. 6. Require an Instrument of Conveyance (Bill of Sale, Assignment, Lease, etc.), proof of Tenancy (lease or deed) and a Tax Clearance from the Department of Taxation and Revenue. 7. Fingerprints: Because the Liquor Control Act does not allow for a Convicted Felon to own or be an officer on a Liquor License, this Agency requires such persons to be fingerprinted to receive the background reports from the State and Federal level. Fingerprints are required for the Applicant and each Principal Officer/Director/Resident Agent listed, only if they have never submitted fingerprints to this agency before, or if there has been an arrest record, they'll need to register with Cogent online at www.cogentid.com If fingerprints cannot be done by Livescan with Cogent, please contact AGD at (505) 476-4875 or consult AGD website for instructions. EXPLANATION OF REQUIRED DOCUMENTS: PAGE 1 ­ APPLICATION 1. Tax Clearance ­ The Lessor/Current License Owner or Agent must submit this document to NM Tax and Revenue Department. This is due by final review of application. 2. Tax Registration Certificate ­ A copy of the New Mexico Tax Registration Certificate (CRS Identification Number) in the name of the Applicant (sole proprietor, Corporation, LLC etc.) issued by the New Mexico Taxation & Revenue Department. Applicants may obtain this documentation at any field office, call (505) 827-0700 or online. 3. Liquor License Agreement ­ in the name of the Applicant and signed by both parties. PAGE 2 ­ PREMISES, LOCATION AND DESCRIPTION 1. Proof of Tenancy (Lease or Warranty Deed) ­ A complete copy of the fully executed Lease Agreement or Warranty Deed for the premise in the name of the Applicant. a. The Lease Agreement must be signed by both parties (Lessor and Lessee). All Exhibits, Addendums to Lease Agreement, Amendments to Lease Agreement, or Subleases must accompany the Lease Agreement. b. If Lease Agreement does not address Permitted Use of the sale, service and/or manufacturing of alcohol on the premises, you must submit an Addendum permitting this use. c. The Warranty Deed must be a filed and recorded copy. 2. Zoning Statement ­ A copy of the Zoning Statement for the proposed premises, must be current/within one year of application date, issued by the Local Governing Body, on official letterhead. Contact your city or county clerk for contact information for the zoning office in your area. The Zoning Statement must include each of the following: a. The complete physical address of the proposed establishment. b. Zoning type (example: C-1, Commercial). c. A Statement regarding Permitted Use for the type of liquor license being applied for. (example: On-premises consumption of alcohol is a permitted use within this zone; with or without Patio Service permitted; Sale of packaged alcohol for off-premises consumption permitted use). American LegalNet, Inc. www.FormsWorkFlow.com 3. Photos ­ include Interior of premises, location/storage of alcohol, and Exterior /patio and fencing, if applicable. 4. Detailed Floor Plan ­ A Floor Plan for the proposed premises, showing the entrances/exits, kitchen, storage, sale, service, and consumption areas. All areas must be completely labeled. Submit legible Plan, that may be hand-drawn or architect drawing, on an 8½ x 11" sheet of paper for each floor. Please DO NOT submit blueprints. Drawing must indicate: a. Name of Applicant, Physical Address and clearly mark which direction is North. b. Location of the main street in relation to the licensed premises. c. Label Floor Plan, include Bonded Areas and show Storage areas and Manufacturing areas; Layout must show the entrances, exits, and storage areas. d. List Total Square Footage, including Patio, if applicable (example: 2,500 square feet or 2,000 +500 patio =2,500). e. Show any and all Patios and/or Outside Areas, indicate how they are permanently enclosed to prevent alcohol from leaving the premises. Label the type of enclosure used and the height, include photos. (example: 6 foot adobe wall with 5 foot wood gate). Only if proposed premises is between 300 and 400 feet of the nearest church or school, you will need: 5. Surveyor's Certificate ­ A certified copy of the Surveyor's Certificate (Plat), showing the measurement from the nearest point of the proposed premises to the nearest point of the church or school property line. All measurements should be taken by shortest direct line. or, 6. Waiver ­ A copy of the approved Waiver from the Local Governing Body, on official letterhead. 7. Opinion Letter ­ Obtain a Letter, on official letterhead, from the Church or School in question, indicating whether or not they object to the application and/or issuance of a liquor license at the proposed location. PAGE 3 - REQUIRED FOR CORPORATIONS/ LIMITED LIABILITY COMPANIES/ PARTNERSHIPS/ TRUSTS Full disclosure totaling 100% is required. Each individual, Principal Officer, Director, Member, Manager, Partner and each Shareholder holding 10% or more, applyi