New Mexico Register / Volume XXXVII, Issue 16 / August 25, 2026

NOTICE OF PUBLIC RULEMAKING HEARING

The New Mexico Regulation and Licensing Department (RLD) Alcoholic Beverage Control Division (ABC) will hold a public rule hearing on October 1, 2026, at 9:00 a.m. The hearing will take place at the Regulation and Licensing Department, located at 2550 Cerrillo Road, Santa Fe, NM, in Hearing Room #1

The hearing may also be accessed virtually via Microsoft Teams.

Meeting Link: https://teams.microsoft.com/meet/28300907727250?p=eG8ClC0qayC1k3kyDk

Meeting ID: 283 009 077 272 50

Passcode: zn3Gw7t4

Dial in by phone

+1 505-312-4308, United States, Albuquerque

Phone conference ID: 527 959 18#

The purpose of the rule hearing is to consider the initiation of rulemaking for the following rules:

Rule 15.10.2 Definitions

Rule 15.10.32 Premises – Location and Description of Licensed Premises

Rule 5.11.20 Licenses and Permits – Alcoholic Beverage Delivery

On Wednesday, August 26, 2026, copies of the full text of the proposed rules may be obtained through the New Mexico Alcoholic Beverage Control Division’s website at https://www.rld.nm.gov/abc/ A copy of the full text of the proposed rules may also be obtained by contacting Felicia A. Norvell, ABC Division Counsel at felicia.norvell@rld.nm.gov or by calling (505) 476-4875.

The New Mexico Alcoholic Beverage Control Division will begin accepting written public comment regarding the proposed rule changes beginning Wednesday, August 26, 2026, and ending Wednesday, September 30, 2026, at 12:00 p.m. The ABC encourages the early submission of written comments. Written public comment may be submitted either by email to Felicia.Norvell@rld.nm.gov or by postal mail to the following address:

New Mexico Alcoholic Beverage Control Division

P.O. Box 25101

Santa Fe, NM 87504

Written comments received during the public comment period (beginning August 26, 2026, and ending September 30, 2026) will be posted to the website page linked above. Public comments will also be accepted during the rule hearing and may be submitted in writing or presented orally by those attending in-person. The purpose of the hearing is to give interested persons an opportunity to give oral comments. The ABC may limit the time for each comment.

If you are an individual with a disability who needs a reader, amplifier, qualified signed language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing, please contact Felicia A. Norvell, ABC Division Counsel at felicia.norvell@rld.nm.gov or by calling (505) 476-4875 at least 10 days prior to the rule hearing. Public documents, including the proposed rules, meeting agenda and minutes, can be provided in various accessible formats.

Statutory Authority: The rule changes are authorized by the Liquor Control Act NMSA 1978, §§60-3A-7 and 60-3A-10. The rulemaking and public rule hearing is governed by the State Rules Act, NMSA 1978, §§14-4-1 through 14-4-11, and the Default Procedural Rule for Rulemaking promulgated by the New Mexico Department of Justice, Parts 1.24.25.1 through 1.24.25.16 NMAC.

Purpose of Proposed Rules: The proposed rule changes are intended to amend the rules to provide for additional administrative fees and revise the continuing education audit requirements. More generally, the proposed rules are intended to provide greater clarity in existing regulatory and statutory requirements, ensure continued high levels of professionalism among licensees and certificate holders, and to generally satisfy the Advisory Board of Respiratory Care Practitioners’ statutory obligation to promote, preserve and protect public health, safety and welfare.

Summary of Proposed Changes:

Rule 15.10.2 – Definitions. The proposed change lowers the age at which an individual may seek a server permit to conform with the 2021 amendment of NMSA 1978, NMSA 1978, §60-7B-11 (2021) which lowered the age for restaurant employees to sell or serve alcoholic beverages to 18, correct typographical error.

Rule 15.10.32 – Premises – Location and Description of Licensed Premises. The proposed change removes “military installation” from Section 8 title to conform with the 2021 repeal of NMSA 1978, NMSA 1978, §60-6B-11 relating to locations near military installations restrictions on licensing, correct typos.

Rule 5.11.20 Licenses and Permits – Alcoholic Beverage Delivery. The proposed change repeals Section 9 “Delivery Restrictions and Requirements in Class A Counties” to conform with the 2023 amendment to NMSA 1978, §60-6A-37 (2023) relating to alcoholic beverage delivery permits, correct typographical errors.