N.M. Admin. Code § 15.11.24.9 - APPLICATION FOR ALL RESTAURANT LICENSE TYPES
An applicant for any restaurant license shall satisfy the director that the applicant is a restaurant as defined in these rules and its primary purpose is not the sale or service of alcohol, by submitting the following:
A. Documentation showing
that the applicant holds a valid food service establishment permit, and has a
dining room and a kitchen for preparation of food for on premises consumption.
Documentation shall include photos of kitchen equipment.
B. A menu showing that the food items
available are not fast foods, consistent with the definition of a restaurant as
defined in these rules. The menu must contain entrees that are available during
all usual and customary hours of operation, and identify the hours of
operation.
C. A detailed floor plan
and photos of the proposed licensed premises that depicts and labels all areas
of the restaurant including, but not limited to the kitchen, dining, storage
and patio areas. Outdoor patios must be enclosed by a fence or wall to
physically separate the outdoor portion of the controlled access area from the
surrounding area. The enclosure must enclose the majority of the outdoor patio,
but may have a small opening or a gate to allow patrons to enter and exit,
unless the director finds good cause to require the patio to be completely
enclosed or to waive this requirement subject to any necessary restrictions
where the outdoor patio areas are sited within a licensed premise comprised of
areas and facilities, provided that the totality of the controlled access area
of the licensed premise is physically or otherwise appropriately separated from
the surrounding areas. The enclosure for an outdoor area does not have to be
permanent, but the enclosure must be erected any time alcoholic beverages are
being served to patrons seated in the outdoor patio.
D. Except for food counters where patrons may
sit to order food and drinks, a restaurant may not have any counters dedicated
primarily to the display, service, or consumption of alcoholic beverages, with
incidental food service; and.
E.
All areas of the licensed premises must have food service as the primary
commercial purpose.
Notes
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