A. The director of the alcoholic beverage control division of the regulation and licensing department shall not allow the transfer, assignment, lease or sale of any liquor license pursuant to the provisions of the Liquor Control Act [60-3A-1 N.M. Stat. Ann.] until the director receives written notification from the secretary or secretary’s delegate that:

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(1)     the licensee or any person authorized to use the license is not a delinquent taxpayer as provided in Section 7-1-16 N.M. Stat. Ann. only with respect to the liquor excise tax or the gross receipts tax; or

(2)     the transferee, assignee, buyer or lessee has entered into a written agreement with the secretary or secretary’s delegate in which the transferee, assignee, buyer or lessee has assumed full liability for payment of all taxes due or that may become due from the licensee with respect to the liquor excise tax or the gross receipts tax.

B. The director of the alcoholic beverage control division of the regulation and licensing department shall not allow the renewal of any liquor license pursuant to the provisions of the Liquor Control Act until the director receives notification from the secretary or secretary’s delegate that on a certain date:

(1)     the licensee is not a delinquent taxpayer as provided in Section 7-1-16 N.M. Stat. Ann. only with respect to the liquor excise tax or the gross receipts tax; and

(2)     there are no unfiled tax returns due from the licensee with respect to the liquor excise tax or the gross receipts tax.