V. “Indepe
ndent contractor” means a person who has obtained the right to own, teach or otherwise
use an approved alcohol server education program.
W. “Large premises licensee” means a retailer or a dispenser for which alcoholic beverages
constitute less than sixty percent of sales, and whose establishment contains 20,000 or more square feet of
merchandise display space.
X. “Legal entity” means a corporation, general partnership, limited partnership, limited liability
company, association or other entity, including but not limited to, entities for which registration is required with the
New Mexico office of the secretary of state, other than an individual.
Y. “Licensee” means the holder of any license or permit authorizing the sale of alcoholic beverages
issued under the provisions of the act, but does not mean the holder of a server permit.
Z. “Manufacture” means the process of a licensee using the licensee’s own equipment on the
licensed premises to do one of the following:
(1) for small brewers or winegrowers, or any large manufacturer of wine or beer, the creation
of ethyl alcohol, from basic ingredients through a fermentation process;
(2) for craft distillers, brandy manufacturers and any large manufacturer of distilled spirits,
the purification of ethyl alcohol from basic ingredients through a distillation process;
(3) for rectifiers and wine blenders, the blending or mixing of spirituous liquors with other
alcoholic or non-alcoholic liquids, or non-alcoholic substances.
AA. “Member” means:
(1) a person who pays annual membership dues to a holder of a club license pursuant to
Section 60-6A-5 NMSA 1978, at the rate of not less than five dollars ($5.00) per year and who, under the
constitution and bylaws of the club, has been voted as a member by the current membership, and has all voting
rights and full membership privileges as described in Subsection E of Section 60-3A-3 NMSA 1978;
(2) the adult spouse and the adult children of a member or of a deceased member as defined
in Paragraph (1) of Subsection B of 15.10.54.7 NMAC;
(3) a member of an official auxiliary or subsidiary group of a club licensed pursuant to
Section 60-6A-5 NMSA 1978, who has been issued a personal identification card in accordance with the rules of the
club, as described in Section 60-7A-13 NMSA 1978; the club licensee must furnish proof to the director, upon
request, of the applicable rules governing personal identification cards, and of the relationship between the club and
the official auxiliary or subsidiary group; or
(4) a person who pays membership dues and is a member of a class of a club licensed
pursuant to Section 60-6A-5 NMSA 1978, but are persons without full voting rights or full membership privileges,
so long as such members are provided for in the articles of incorporation, bylaws, charter, constitution or resolution
of the board of directors or other appropriate governing body of the entity holding the club license; members
described in this paragraph may not purchase, be served or consume alcoholic beverages within the bar or lounge
area of the licensed premises, but may purchase, be served or consume alcoholic beverages in other areas of the
licensed premises while engaged in activities whose primary purpose is other than the consumption of alcoholic
beverages.
BB. “Primary activity”, “primarily” or “primarily engaged in” means the principal use of a
licensed premises or area within a licensed premises at any given time. If more than fifty percent of the annual total
gross receipts are derived from the sale of alcoholic beverages for consumption on the licensed premises, the
primary activity shall be deemed to be the sale of alcoholic beverages for consumption on the licensed premises. If
more than sixty percent of the annual total gross receipts are from the sale of alcoholic beverages for consumption
off the licensed premises, the primary activity shall be deemed to be the sale of alcoholic beverages for consumption
off the licensed premises.
CC. “Principal officer” means an officer of the organization who, regardless of title, has
responsibility for implementing the decisions of the organization's governing body with respect to the liquor license,
or for supervising the management, administration, or operation of the organization’s interest in the license. Such
officer may include the president, one or more vice-presidents, secretary, or treasurer of the licensee, the manager or
managers of a limited liability company, a managing member of a member-managed, LLC or the president, vice-
president, secretary or treasurer of any corporation, or the manager or managers of a limited liability company
holding a direct or indirect interest in the license, which requires that corporation or limited liability company to be
disclosed if that officer or manager has the authority to do any act on behalf of the licensee.
DD. “Priority application” means one of the first 10 applications received during any filing period or,
if more than 10 are received on the first day of the filing period, the 10 applications randomly selected by the
director pursuant to 15.11.27.10 NMAC.
NMAC |Title 15 |ABC Rules, Effective 9/28/2021 |Page 3 of 71