reglab/housing_qa huggingface dataset:
NM Stat § 60-7A-19 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7A - Offenses|Section 60-7A-19 - Commercial gambling on licensed premises.

A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a licensee to knowingly allow commercial gambling on the licensed premises. B. In addition to any criminal penalties, a person who violates Subsection A of this section may have the person's license suspended or revoked or a fine imposed, or both, pursuant to the Liquor Control Act. C. As used in this section: (1) "commercial gambling" means: (a) participating in the earnings of or operating a gambling place; (b) receiving, recording or forwarding bets or offers to bet; (c) possessing facilities with the intent to receive, record or forward bets or offers to bet; (d) for gain, becoming a custodian of anything of value bet or offered to be bet; (e) conducting a lottery where both the consideration and the prize are money, or whoever with intent to conduct a lottery possesses facilities to do so; or (f) setting up for use for the purpose of gambling, or collecting the proceeds of, a gambling device or game; and (2) "commercial gambling" does not mean: (a) activities authorized pursuant to the New Mexico Lottery Act [Chapter 6, Article 24 NMSA 1978]; (b) the conduct of activities pursuant to Subsection B of Section 30-19-6 NMSA 1978 on the licensed premises of the holder of a club license; and (c) gaming authorized pursuant to the Gaming Control Act [Chapter 60, Article 2E NMSA 1978] on the premises of a gaming operator licensee licensed pursuant to that act. History: Laws 1981, ch. 39, § 96; 1997, ch. 190, § 68; 2011, ch. 176, § 1. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, permitted games of chance regulated by the New Mexico Bingo and Raffle Act to be conducted on the licensed premises of clubs. The 1997 amendment, effective June 20, 1997, in Subsection C, redesignated former Paragraphs (1) to (6) as Subparagraphs (1)(a) to (f), added Paragraph (2), and made minor stylistic changes throughout.
NM Stat § 60-7A-20 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7A - Offenses|Section 60-7A-20 - False complaints; misdemeanor.

Any person who lodges or intentionally causes or conspires to cause a complaint to be lodged knowing the complaint to be unfounded in actual fact, he [sic] shall, upon conviction thereof, be guilty of a misdemeanor. History: Laws 1981, ch. 39, § 106. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not a part of the law.
NM Stat § 60-7A-21 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7A - Offenses|Section 60-7A-21 - Possession or display of United States license.

Possession or display of a license from the United States to sell alcoholic beverages in New Mexico by a person not licensed under the Liquor Control Act [60-3A-1 NMSA 1978] to sell alcoholic beverages or issuance of such a license by the district director of the internal revenue service shall be prima facie evidence that the person possessing or displaying the license, or to whom it was issued, is engaged in the business of selling alcoholic beverages, at the place for which it was issued or where it is displayed, in violation of the laws of New Mexico, and a certified copy of the records of the district director of the internal revenue service showing the issuance of the license or the payment of the tax therefor shall be admissible as evidence in any prosecution. History: Laws 1981, ch. 39, § 107. ANNOTATIONSDefendant bears burden of proof. — Ownership of a license would cast upon the defendant in any case brought under the terms of this statute the burden of going forward with the evidence to prove that the defendant did not fall within the provisions of the statute, namely, with operating a club for profit. 1955 Op. Att'y Gen. No. 55-6203. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 380. 48 C.J.S. Intoxicating Liquors § 110.
NM Stat § 60-7A-22 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7A - Offenses|Section 60-7A-22 - Drinking in public establishments; selling or serving alcoholic beverages other than in licensed establishments; selling or delivering alcoholic beverages from a drive-up window.

A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for any person to consume alcoholic beverages in any public establishment unless the establishment is licensed to sell and serve alcoholic beverages. B. It is a violation of the Liquor Control Act for any person not a licensee to sell, serve or permit the consumption of alcoholic beverages in his public establishment or private club. C. It is a violation of the Liquor Control Act for any licensee to sell or deliver alcoholic beverages from a drive-up window. History: Laws 1981, ch. 39, § 108; 1991, ch. 257, § 4; 1998 (1st S.S.), ch. 16, § 3. ANNOTATIONSThe 1998 amendment added "; selling or delivering alcoholic beverages from a drive-up window" to the end of the section heading, and rewrote former Subsection C, relating to grandfather provisions for drive-up liquor sales. Laws 1998 (1st S.S.), ch. 16 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective on August 2, 1998, 90 days after adjournment of the legislature. The 1991 amendment, effective June 14, 1991, deleted "during the ten-year period of economic adjustment" preceding "licensed premises" and made a minor stylistic change in Subsection C. Knowingly permitting consumption constitutes corpus delicti of offense. — The corpus delicti of the offense charged is knowingly permitting the consumption of intoxicating liquor by appellant in his cafe without a license to do so. State v. Carter, 1954-NMSC-102, 58 N.M. 713, 275 P.2d 847. Space for dancing and tables part of "establishment". — Space reserved for dancing and tables in connection with a liquor dispensing unit is a part of the licensed "establishment." 1939 Op. Att'y Gen. No. 39-3180. Serving liquor in bowling alleys permitted. — There is no prohibition against issuing an alcoholic beverage license to a bowling alley, thus permitting the serving of liquor on the premises. 1955 Op. Att'y Gen. No. 55-6278. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 307. Construction and application of statute or ordinance respecting amusements on premises licensed for sale of intoxicating liquors, 4 A.L.R.2d 1216. Criminal liability of member or agent of private club or association, or of owner or lessor of its premises, for violation of state or local liquor or gambling laws thereon, 98 A.L.R.3d 694. Zoning or licensing regulation prohibiting or restricting location of billiard rooms and bowling alleys, 100 A.L.R.3d 252. Validity and construction of statute or ordinance making it offense to have possession of open or unsealed alcoholic beverage in public place, 39 A.L.R.4th 668. 48 C.J.S. Intoxicating Liquors § 253.
NM Stat § 60-7A-23 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7A - Offenses|Section 60-7A-23 - Possession of wine as prima facie evidence.

In any proceedings under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], the possession of more than one thousand two hundred liters of wine by any person who is not a public warehouseman, registered carrier or licensee shall be prima facie evidence that the person has manufactured the wine for the purpose of sale and possesses the wine for the purpose of sale in violation of the Liquor Control Act. History: Laws 1981, ch. 39, § 109. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 408. Power to prohibit the possession of intoxicating liquor, irrespective of any intention to traffic therein, 2 A.L.R. 1085. Constitutionality, construction and effect of statute making possession of intoxicating liquor evidence of violation of law, 31 A.L.R. 1222. Constitutionality of statute making unlawful possession of intoxicating liquor legally obtained, or providing for its confiscation, 37 A.L.R. 1386. 48 C.J.S. Intoxicating Liquors § 346.
NM Stat § 60-7A-24 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7A - Offenses|Section 60-7A-24 - Obstruction of the administration of the Liquor Control Act; criminal penalty; sentencing.

A. Any person who forcibly or by bribe, threat or other corrupt practice obstructs, impedes or attempts to obstruct the administration of the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. B. Any licensee who forcibly or by bribe, threat or other corrupt practice obstructs, impedes or attempts to obstruct the administration of the provisions of the Liquor Control Act is guilty of violating the Liquor Control Act and shall be punished by fine, suspension or revocation under the procedures of the Liquor Control Act. History: Laws 1981, ch. 39, § 110; 1993, ch. 68, § 20. ANNOTATIONSThe 1993 amendment, effective July 1, 1993, rewrote the catchline; added "and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978" at the end of Subsection A; and made a minor stylistic change in Subsection A. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 165. 48 C.J.S. Intoxicating Liquors § 214.
NM Stat § 60-7B-1.1 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7B - Regulation of Sales and Service to Minors|Section 60-7B-1.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 39, § 128 repealed 60-7B-1.1 NMSA 1978, as enacted by Laws 1939, ch. 235, § 1202 and as amended by Laws 1975, ch. 152, § 1, relating to selling or giving liquor to minors, effective July 1, 1981. Compiler's notes. — This section was enacted by Laws 1939, ch. 235, § 1202 and was repealed by Laws 1981, ch. 39, § 128. It was subsequently amended by Laws 1981, ch. 252, § 1. An amended act alters, modifies or adds to a prior law. Since there is no prior law to be amended, this section has not been published. The subject matter of this section is fully covered by 60-7B-1 NMSA 1978 which was repealed and reenacted by Laws 1993, ch. 68, § 22.
NM Stat § 60-7B-2 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7B - Regulation of Sales and Service to Minors|Section 60-7B-2 - Documentary evidence of age and identity.

A. Evidence of the age and identity of the person may be shown by any document that contains a picture of the person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle operator's license or an identification card issued to a member of the armed forces.B. An identity document is valid for the purposes of the Liquor Control Act [60-3A-1 NMSA 1978] even if it has expired.C. Except for deliveries of alcoholic beverages pursuant to Section 4 [60-6A-37 NMSA 1978] of this 2021 act, it is unnecessary to ask for an identity document if the person clearly looks older than thirty-five years of age. History: Laws 1981, ch. 39, § 82; 1985, ch. 184, § 1; 2021, ch. 7, § 30. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, provided that an identity document is valid for the purpose of the Liquor Control Act even if it has expired, and provided that, except for deliveries of alcoholic beverages, it is unnecessary to ask for an identity document if the person purchasing alcoholic beverages clearly looks older than thirty-five years of age; and added Subsections B and C.
NM Stat § 60-7B-4 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7B - Regulation of Sales and Service to Minors|Section 60-7B-4 - Repealed.

ANNOTATIONSRepeals. — Laws 1985, ch. 184, § 5 repealed 60-7B-3 and 60-7B-4 NMSA 1978, as enacted by Laws 1981, ch. 39, §§ 83 and 84, relating to department-issued identity cards, effective June 14, 1985.
NM Stat § 60-7B-5 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7B - Regulation of Sales and Service to Minors|Section 60-7B-5 - Refusal to sell, serve or deliver alcoholic beverages to person unable to produce identity card.

A. A person licensed pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] or any employee, agent or lessee of that person may refuse to deliver, sell or serve alcoholic beverages to any person who is unable to produce an identity card as evidence that the person is twenty-one years of age or over.B. An identity document is valid for the purposes of the Liquor Control Act even if it has expired.C. Except for deliveries of alcoholic beverages pursuant to Section 4 [60-6A-37 NMSA 1978] of this 2021 act, it is unnecessary to ask for an identity document if the person clearly looks older than thirty-five years of age. History: Laws 1981, ch. 39, § 85; 1985, ch. 184, § 2; 1993, ch. 68, § 23; 2021, ch. 7, § 31. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, provided that a person licensed pursuant to the provisions of the Liquor Control Act has the discretion to refuse to deliver, sell or serve alcoholic beverages to any person who is unable to produce an identity card as evidence that the person is twenty-one years of age, provided that an identity document is valid for the purpose of the Liquor Control Act even if it has expired, and provided that, except for deliveries of alcoholic beverages, it is unnecessary to ask for an identity document if the person purchasing alcoholic beverages clearly looks older than thirty-five years of age; in Subsection A, after "that person", changed "shall" to "may", and after "refuse to", added "deliver"; and added Subsections B and C.The 1993 amendment, effective July 1, 1993, substituted "Any person licensed pursuant to the provisions of the Liquor Control Act or any employee, agent or lessee of that person shall" for "Any retailer, dispenser, restaurant licensee, club licensee, canopy licensee or governmental licensee and its lessee may".
NM Stat § 60-7B-6 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7B - Regulation of Sales and Service to Minors|Section 60-7B-6 - Demanding and seeing identity card before furnishing alcoholic beverages.

In any criminal prosecution or in any proceedings for the suspension or revocation of a license or alcoholic beverage delivery permit or in any proceeding for violation of a municipal or county ordinance prohibiting the gift, sale or service of alcoholic beverages to minors, proof that the accused licensee or alcoholic beverage delivery permittee in good faith demanded and was shown an identity card as evidence the person is twenty-one years of age or older before furnishing any alcoholic beverages to a minor shall be a defense to the prosecution or proceedings. History: Laws 1981, ch. 39, § 86; 1985, ch. 184, § 3; 2021, ch. 7, § 32. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, included alcoholic beverage delivery permits and alcoholic beverage delivery permittees within the provisions of this section; and after "suspension or revocation of a license", added "or alcoholic beverage delivery permit", after "accused licensee", added "or alcohol beverage delivery permittee", and after "identity card", added "as evidence the person is twenty-one years of age or older".The good faith defense is not limited to identification that is fraudulent. ERICA, Inc. v. N.M. Regulation & Licensing Dep't, 2008-NMCA-065, 144 N.M. 132, 184 P.3d 444. Driver's license lacked legend that licensee is under twenty-one. — The good faith defense is not precluded as a matter of law where a liquor store employee relies on the absence of the printed legend on the driver's license of a minor indicating that the licensee is under twenty-one, which is required by Section 66-5-47 NMSA 1978, to determine whether the licensee is a minor, even though the birth date of the licensee on the driver's license shows that the licensee is under twenty-one. ERICA, Inc. v. N.M. Regulation & Licensing Dep't, 2008-NMCA-065, 144 N.M. 132, 184 P.3d 444.
NM Stat § 60-7B-7 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7B - Regulation of Sales and Service to Minors|Section 60-7B-7 - Presenting false evidence of age or identity.

A minor who presents to any person licensed pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] or any employee, agent or lessee of that person any written, printed or photostatic evidence of age or identity that is false, for the purpose of procuring or attempting to procure any alcoholic beverages, is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: Laws 1981, ch. 39, § 87; 1985, ch. 184, § 4; 1991, ch. 119, § 2; 1993, ch. 68, § 24. ANNOTATIONSThe 1993 amendment, effective July 1, 1993, substituted "person licensed pursuant to the provisions of the Liquor Control Act or any employee, agent or lessee of that person" for "licensee". The 1991 amendment, effective June 14, 1991, substituted "that" for "which" and "petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978" for "misdemeanor".
NM Stat § 60-7B-8 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7B - Regulation of Sales and Service to Minors|Section 60-7B-8 - Delivery of identity card to minor for use in obtaining alcoholic beverages.

Any person who gives, loans, sells or delivers an identity card to a minor with the knowledge that the minor intends to use the identity card for the purpose of procuring or attempting to procure any alcoholic beverages is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: Laws 1981, ch. 39, § 88; 1991, ch. 119, § 3. ANNOTATIONSThe 1991 amendment, effective June 14, 1991, substituted "petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978" for "misdemeanor".
NM Stat § 60-7B-9 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7B - Regulation of Sales and Service to Minors|Section 60-7B-9 - Penalty.

Unless otherwise provided for in Article 7B of Chapter 60, any violation of Sections 60-7B-1 through 60-7B-8 NMSA 1978 by a minor is a petty misdemeanor, and the minor shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: Laws 1981, ch. 39, § 89; 1991, ch. 119, § 4. ANNOTATIONSThe 1991 amendment, effective June 14, 1991, substituted the present provisions for the former provisions, which read "Any violations of Sections 81 through 88 of the Liquor Control Act by a minor is punishable upon conviction by a fine of not less than one hundred dollars ($100), no part of which shall be suspended or by imprisonment in the county jail for not more than six months, or by both fine and imprisonment".
NM Stat § 60-7B-12 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7B - Regulation of Sales and Service to Minors|Section 60-7B-12 - Beer kegs; labeling; notice.

A. Every keg which is sold by a retailer shall be labeled by the retailer in a manner prescribed by the superintendent of regulation and licensing with the name and address of the retailer and a control number assigned to that keg by the retailer. Retailers shall record the name and address and date of birth of the purchaser, the control number and the date of purchase for every keg sold on the notice form required by Subsection B of this section. B. The superintendent of regulation and licensing shall prescribe a suitable notice form which shall include the pertinent provisions of Chapter 60, Article 7B NMSA 1978 and the penalty for violating the provisions of Chapter 60, Article 7B NMSA 1978. The notice form shall also contain a place for the name, address and driver's license number or other suitable identification for the person purchasing the keg. Every person who buys a keg at retail shall sign the form acknowledging that they have read the form. The signed forms shall be kept by the retailer until the keg is returned to that retailer, or six months, whichever is less, and shall be made available to law enforcement officials upon request. C. As used in this section "keg" means a package of beer containing more than six gallons of beer at the time it is sold. History: Laws 1989, ch. 140, § 1.
NM Stat § 60-7B-13 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7B - Regulation of Sales and Service to Minors|Section 60-7B-13 - Stocking alcoholic beverages in wet bars in hotel guest rooms prohibited; room service.

A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for the proprietor or manager of a hotel to stock alcoholic beverages in a wet bar located in any guest room or sleeping room in the hotel unless the alcoholic beverages are contained in a locked compartment, the key to which may be made available to a guest after he has produced evidence of his age and identity by any document that contains a picture of the guest issued by a federal, state, county or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle driver's license or an identification card issued to a member of the armed forces. B. Nothing in this section shall be construed to prevent: (1) the consumption of alcoholic beverages by any person in a hotel guest room or sleeping room; or (2) the sale or delivery of alcoholic beverages through room service to persons in hotel guest rooms or sleeping rooms; provided any employee of a hotel proprietor or manager delivering alcoholic beverages to a sleeping room may require that an identity card showing proof of age be shown to assure that alcoholic beverages are not sold, delivered or served to a minor in violation of the Liquor Control Act. C. As used in this section, "wet bar" means a refrigerator, ice chest, cabinet, cupboard, pantry or similar container or storage area that is customarily used to store alcoholic or nonalcoholic beverages for consumption. History: Laws 1993, ch. 68, § 27.