2018 New Mexico Statutes
Chapter 60 - Business Licenses
Article 6B - License Provisions
Section 60-6B-5 - Expiration and renewal of licenses.
A. All licenses provided for in the Liquor Control Act, except for nonresident licenses and common carrier registrations, shall be issued for a one-year period except for new licenses issued after the beginning of the license year. Nonresident licenses and common carrier registrations shall be issued for a three-year period.
B. The license year for dispenser, retailer and canopy licenses shall end on June 30 of each year. All dispenser, retailer and canopy licenses shall expire on June 30 unless renewed. The annual renewal application and renewal fee are due on April 1 of each year.
C. The license year for restaurant, club, wholesaler and manufacturer licenses shall end on October 31 of each year. All restaurant, club, wholesaler and manufacturer licenses shall expire on October 31 unless renewed. The annual renewal application and renewal fee are due on August 1 of each year.
D. All licenses not provided for in Subsections B and C of this section, except nonresident licenses and common carrier registrations, shall expire on February 28 of each year. The annual renewal application and renewal fee are due on December 1 of each year.
E. Nonresident licenses and common carrier registrations shall expire on June 30 every three years. The renewal application and renewal fee are due on April 1 of each third year.
F. A license shall not be issued or renewed if the applicant or licensee is delinquent in payment of any taxes administered by the taxation and revenue department.
G. The director shall also determine whether there exists any other reason why a license should not be renewed.
H. If the director determines that the license should not be renewed, the director shall enter an order requiring the licensee, after notice, to show cause why the license should be renewed, and the director shall conduct a hearing on the matter. If, after the hearing, the director finds that no reason exists why the license should not be renewed, the director shall renew the license.
History: Laws 1981, ch. 39, § 41; 1998, ch. 79, § 5; repealed and reenacted by Laws 2015, ch. 86, § 2.
Repeals and reenactments. — Laws 2015, ch. 86, § 2 repealed former 60-6B-5 NMSA 1978, and enacted a new section, effective June 19, 2015.
Temporary provisions. — Laws 2015, ch. 86, § 3 provided:
A. License renewal fees due on August 1, 2015 shall include an additional one-third of the annual license fee for the period from July 1, 2015 through October 31, 2015. All restaurant, club, wholesaler and manufacturer licensees shall be issued temporary licenses prior to June 30, 2015 that shall expire on October 31, 2015 unless renewed. New restaurant or club licenses issued between April 1, 2015 and June 30, 2015 shall require payment of an initial license fee of one-fourth of the annual renewal fee.
B. License renewal fees due on December 1, 2015 shall include an additional two-thirds of the annual license fee for the period of time from July 1, 2015 through February 28, 2016. All licensees that are required to file a renewal application and pay the renewal fee on December 1, 2015 shall be issued temporary licenses prior to June 30, 2015 that expire on February 28, 2016 unless renewed. Public service licenses issued between April 1, 2015 and June 30, 2015 shall require payment of an initial license fee of one-fourth of the annual renewal fee.
The 1998 amendment, effective May 20, 1998, inserted "except nonresident licenses and common carrier registrations", and deleted "and regulations" following "the rules" in the first sentence; inserted the second sentence; and substituted "renewal period" for "year" at the end of the third sentence.
License not renewed as a matter of law. — Where the licensee timely applied for a license, met all requirements for renewal of the license, the license had not been suspended or revoked, no taxes were due, and there were no outstanding citations and where the state failed to renew the license before it expired on June 30, the license was not renewed by operation of law. Santillo v. N.M. Dept. of Public Safety, 2007-NMCA-159, 143 N.M. 84, 173 P.3d 6, cert. denied, 2007-NMCERT-011, 143 N.M. 155, 173 P.3d 762.
License of person convicted of felony. — The director of the department of alcoholic beverage control (now alcohol and gaming division) has the duty, authority and power to revoke or cancel a liquor license owned by a person who is convicted of a felony. 1987 Op. Att'y Gen. No. 87-02.
