N.M. Admin. Code § 15.11.21.11 - FINGERPRINTS
A. Applicants shall
provide fingerprints in compliance with Subsection B of Section
60-6B-2 NMSA 1978.
B. Unless otherwise determined by the
director, a licensee is not required to submit new fingerprints when an
application is filed for any of the following reasons:
(1) to add a licensee's spouse to the
license; however, the spouse must submit fingerprints;
(2) when a husband and wife are the
licensees, to transfer the ownership interest of a deceased licensee to his or
her surviving spouse; however, if any part of the interest of the deceased
spouse goes to any person other than the surviving spouse, that person must
submit fingerprints; or
(3)by a
licensee with no prior arrest record to obtain an ownership interest in an
additional license or to lease another license.
C. Fingerprints shall be taken:
(1)under the supervision of, and certified by
a New Mexico state police officer, a county sheriff or a municipal chief of
police, or, if a nonresident, under the supervision and certification of
comparable officers in the applicant's state of residence; or
(2)in the discretion of the division, by a
private agency qualified to take and certify fingerprints, provided the private
agency submits to the division written authorization from any of the agencies
referenced in Paragraph (1) of Subsection C of
15.11.21.11 NMAC.
D. Any applicant required to
submit fingerprints must separately submit a completed personal data affidavit
page of the application for liquor license, current within one year from the
date the applicatin is submitted.
E. If the applicant is a publicly traded
corporation, no fingerprints or affidavits shall be required, and no further
disclosure shall be required beyond the requirements of Subsection B of
15.11.21.10 NMAC.
F. Where each applicant required to be
fingerprinted by these rules submits a sworn and notarized affidavit stating
that he or she has not been convicted of a felony in any jurisdiction and
pending the results of background investigations, a temporary license for 90
days may be issued if the applicant satisfies all other application
requirements.
G. An applicant who
files a false affidavit shall be denied a license, and any false affidavit is
grounds for revocation of a license.
Notes
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