reglab/housing_qa huggingface dataset:
NM Stat § 60-3A-7 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 3A - General Provisions|Section 60-3A-7 - Authority of the alcoholic beverage control division.

The alcoholic beverage control division of the regulation and licensing department has the authority over all matters relating to the issuance, denial, suspension or revocation of licenses under the Liquor Control Act. The director of the division may request the department of public safety to provide investigatory and enforcement support as deemed necessary. History: 1978 Comp., § 60-3A-7, enacted by Laws 1987, ch. 254, § 25; 2001, ch. 86, § 4; 2019, ch. 29, §3. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, renamed the alcohol and gaming division to the alcoholic beverage control division; in the section heading, after "authority of the", deleted "alcohol and gaming" and added "alcoholic beverage control"; and after "The", deleted "alcohol and gaming" and added "alcoholic beverage control", after "director of the", deleted "alcohol and gaming", and after "division", deleted "of the regulation and licensing department".Temporary provisions. — Laws 2019, ch. 29, § 5 provided that on June 14, 2019, all:A. functions, personnel, appropriations, money, records, furniture, equipment and other property of the alcohol and gaming division of the regulation and licensing department are transferred to the alcoholic beverage control division of that department;B. contractual obligations of the alcohol and gaming division of the regulation and licensing department shall be deemed to be references to the alcoholic beverage control division of that department; andC. references in law to the alcohol and gaming division of the regulation and licensing department shall be deemed to be references to the alcoholic beverage control division of that department.The 2001 amendment, effective July 1, 2001, added the section heading; inserted "alcohol and gaming division of the" preceding "regulation and licensing department"; substituted "director of the alcohol and gaming division" for "superintendent"; and substituted "department of public safety" for "public safety department".
NM Stat § 60-3A-8 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 3A - General Provisions|Section 60-3A-8 - Powers and duties of the director of the alcoholic beverage control division.

The director of the alcoholic beverage control division of the regulation and licensing department is responsible for the operation of the division. It is the director's duty to supervise all operations of the division and to:A. administer the laws that the division administers, including the Liquor Control Act. The director shall request the department of public safety to enforce the provisions of the Liquor Control Act as deemed necessary;B. exercise general supervisory authority over all employees of the division;C. organize the division into units to enable it to function most effectively;D. confer authority and delegate responsibility as is necessary and appropriate;E. employ, within the limitations of current appropriations and personnel laws, persons as are required to discharge the director's duties;F. undertake studies and conduct courses of instruction for division employees that will improve the operations of the division and advance its purposes; andG. require compliance by employees of the division with the director's verbal and written instructions by whatever disciplinary means appropriate. History: Laws 2001, ch. 86, § 5; 2019, ch. 29, § 4. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, renamed the alcohol and gaming division to the alcoholic beverage control division; in the section heading and introductory clause, changed "alcohol and gaming" to "alcoholic beverage control".Temporary provisions. — Laws 2019, ch. 29, § 5 provided that on June 14, 2019, all:A. functions, personnel, appropriations, money, records, furniture, equipment and other property of the alcohol and gaming division of the regulation and licensing department are transferred to the alcoholic beverage control division of that department;B. contractual obligations of the alcohol and gaming division of the regulation and licensing department shall be deemed to be references to the alcoholic beverage control division of that department; andC. references in law to the alcohol and gaming division of the regulation and licensing department shall be deemed to be references to the alcoholic beverage control division of that department.
NM Stat § 60-3A-9 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 3A - General Provisions|Section 60-3A-9 - Administrative authority and powers.

A. For the purpose of administering the licensing provisions of the Liquor Control Act, the director is authorized to examine and to require the production of any pertinent records, books, information or evidence, to require the presence of any person and to require him to testify under oath concerning the subject matter of the inquiry and to make a permanent record of the proceedings. B. The director, through the legal counsel for the alcohol and gaming division of the regulation and licensing department, is vested with the power to issue subpoenas. In no case shall a subpoena be made returnable less than five days from the date of service. C. A subpoena issued by the legal counsel for the alcohol and gaming division of the regulation and licensing department shall state with reasonable certainty the nature of the evidence required to be produced, the time and place of the hearing, the nature of the inquiry or investigation and the consequences of failure to obey the subpoena, and shall bear the seal of the department and be attested to by the director. D. After service of a subpoena upon him, if a person neglects or refuses to appear or produce records or other evidence in response to the subpoena or neglects or refuses to give testimony, as required, the director may invoke the aid of the New Mexico district courts in the enforcement of the subpoena. In appropriate cases, the court shall issue its order requiring the person to appear and testify or produce his books or records and may, upon failure of the person to comply with the order, punish the person for contempt. E. The alcohol and gaming division of the regulation and licensing department shall require criminal history background checks for purposes of administering the licensing provisions of the Liquor Control Act. For purposes of conducting the criminal history background check, the alcohol and gaming division shall require the fingerprinting of applicants for liquor licenses as required by the Liquor Control Act. Fingerprint cards shall be submitted by the director to the department of public safety records bureau for processing through the federal bureau of investigation. The director shall establish procedures within the alcohol and gaming division to maintain the confidentiality of information received from the department of public safety and the federal bureau of investigation. History: Laws 2001, ch. 86, § 6. ANNOTATIONSEffective dates. — Laws 2001, ch. 86, § 10 makes the act effective July 1, 2001.
NM Stat § 60-3A-10 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 3A - General Provisions|Section 60-3A-10 - Administrative rules and orders; presumption of correctness.

A. The director shall issue and file as required by law all rules and orders necessary to administer the licensing provisions of the Liquor Control Act. B. Directives issued by the director shall be in form substantially as follows: (1) rules are written statements of the director, of general application to licensees, interpreting and exemplifying the statutes to which they relate; (2) rulings are written statements of the director interpreting the statutes to which they relate and are of limited application to one or a small number of licensees; and (3) orders are written statements of the director to implement his decision after a hearing. C. To be effective, a rule shall first be issued as a proposed rule and filed for public inspection in the office of the director. Distribution of the rule shall be made to interested persons and their comments shall be invited. After the proposed rule has been on file for thirty days and a public hearing has been held, the director may issue it as a final rule by filing as required by law. D. The director shall furnish a copy of the rules to all licensees and other interested persons at a nominal cost. E. A rule or order issued by the director is presumed to be a proper implementation of the licensing provisions of the Liquor Control Act. F. All rules and orders shall be applied prospectively only. History: Laws 2001, ch. 86, § 7. ANNOTATIONSEffective dates. — Laws 2001, ch. 86, § 10 makes the act effective July 1, 2001.
NM Stat § 60-3A-11 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 3A - General Provisions|Section 60-3A-11 - Written decisions by director.

Every decision by the director relating to the granting or denial of a license, the transfer of a license or the revocation or suspension of a license, or other disposition of a charge against a licensee, shall be accompanied by a written order containing findings of fact and the specific grounds relied upon for the decision. History: Laws 2001, ch. 86, § 8. ANNOTATIONSEffective dates. — Laws 2001, ch. 86, § 10 makes the act effective July 1, 2001.
NM Stat § 60-3A-12 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 3A - General Provisions|Section 60-3A-12 - Partially consumed bottle of wine; licensed premises.

A. Notwithstanding any other provision of law, a dispenser, canopy licensee or restaurant licensee may permit a customer of the licensee to remove from the licensed premises one opened bottle of partially consumed wine; provided that:(1) the customer has purchased a full-course meal and a bottle of wine and consumed a portion of the bottle of wine with the meal on the licensed premises; and(2) the dispenser, canopy licensee or restaurant licensee or an agent or employee of the dispenser, canopy licensee or restaurant licensee attaches the customer receipt issued for the bottle of wine and reseals the bottle of partially consumed wine by reinserting a cork and sealing the bottle in a tamper-proof bag.B. Notwithstanding any other provision of law, a winery licensee may permit a customer of the licensee to remove from the licensed premises one opened bottle of partially consumed wine; provided that the winery licensee or an agent or employee of the winery licensee attaches the customer receipt issued for the bottle of wine and reseals the bottle of partially consumed wine by reinserting a cork and sealing the bottle in a tamper-proof bag. C. When operating a motor vehicle, the customer shall possess and transport the partially consumed bottle of wine in accordance with Section 66-8-138 NMSA 1978. History: Laws 2007, ch. 78, § 1; 2019, ch. 58, § 1. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, provided for winery licensees to permit certain customers to remove from the licensed premises a partially consumed bottle of wine; and added a new Subsection B and redesignated former Subsection B as Subsection C.
NM Stat § 60-3A-13 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 3A - General Provisions|Section 60-3A-13 - Prohibited sale of certain spirituous liquors.

A liquor license holder shall not sell for consumption off premises closed containers containing fewer than three fluid ounces of spirituous liquors.History: 1978 Comp., § 60-3A-13, enacted by Laws 2021, ch. 7, § 6.ANNOTATIONSEffective dates. — Laws 2021, ch. 7, § 37 made Laws 2021, ch. 7, § 6 effective July 1, 2021.
NM Stat § 60-4-1 to 60-4-10 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 4 - Department of Alcoholic Beverage Control (Repealed.)|Section 60-4-1 to 60-4-10 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 39, § 128, repealed 60-4-1 through 60-4-10 NMSA 1978, relating to the department of alcoholic beverage control, effective July 1, 1981. For present provisions, see 60-4B-1 to 60-4B-8 NMSA 1978.
NM Stat § 60-4A-2 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 4A - Conflict of Interest in Department (Repealed.)|Section 60-4A-2 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 39, § 128, repealed 60-4A-1, 60-4A-2 NMSA 1978, relating to conflict of interest, effective July 1, 1981.
NM Stat § 60-4B-1 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 4B - Special Investigations Division (Repealed, Recompiled.)|Section 60-4B-1 - Repealed.

History: Laws 1981, ch. 39, § 4; 1987, ch. 254, § 26; repealed by Laws 2015, ch. 3, § 45.ANNOTATIONSRepeals. — Laws 2015, ch. 3, § 45 repealed 60-4B-1 NMSA 1978, as enacted by Laws 1981, ch. 39, § 4, relating to special investigations division, director, effective July 1, 2015. For provisions of former section, see the 2014 NMSA 1978 on NMOneSource.com.
NM Stat § 60-4B-2 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 4B - Special Investigations Division (Repealed, Recompiled.)|Section 60-4B-2 - Repealed.

History: Laws 1981, ch. 39, § 5; repealed by Laws 2015, ch. 3, § 45.ANNOTATIONSRepeals. — Laws 2015, ch. 3, § 45 repealed 60-4B-2 NMSA 1978, as enacted by Laws 1981, ch. 39, § 5, relating to powers and duties of the director, effective July 1, 2015. For provisions of former section, see the 2014 NMSA 1978 on NMOneSource.com.
NM Stat § 60-4B-3 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 4B - Special Investigations Division (Repealed, Recompiled.)|Section 60-4B-3 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 204, § 26 repealed 60-4B-3 NMSA 1978, as enacted by Laws 1981, ch. 39, § 6, relating to the legal advisor, effective July 1, 1989.
NM Stat § 60-4B-4 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 4B - Special Investigations Division (Repealed, Recompiled.)|Section 60-4B-4 - Recompiled.

History: Laws 1981, ch. 39, § 7; 1978 Comp., § 60-4B-4 recompiled and amended as § 60-3A-8.1 by Laws 2015, ch. 3, § 30.ANNOTATIONSRecompilations. — Laws 2015, ch. 3, § 30 recompiled and amended former 60-4B-4 NMSA 1978 as 60-3A-8.1 NMSA 1978, effective July 1, 2015.
NM Stat § 60-4B-4.1 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 4B - Special Investigations Division (Repealed, Recompiled.)|Section 60-4B-4.1 - Recompiled.

History: 1978 Comp., § 60-4B-4.1, enacted by Laws 1993, ch. 329, § 1; recompiled and amended as § 60-3A-6.1 by Laws 2015, ch. 3, § 29.ANNOTATIONSRecompilations. — Laws 2015, ch. 3, § 29 recompiled and amended former 60-4B-4.1 NMSA 1978 as 60-3A-6.1 NMSA 1978, effective July 1, 2015.
NM Stat § 60-4B-6 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 4B - Special Investigations Division (Repealed, Recompiled.)|Section 60-4B-6 - Repealed.

ANNOTATIONSRepeals. — Laws 2001, ch. 86, § 9 repealed 60-4B-5 NMSA 1978, as enacted by Laws 1981, ch. 39, § 8, relating to the director's regulations, orders and rulings, effective July 1, 2001. For provisions of former section, see the 2000 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 60-3A-9 and 60-3A-10 NMSA 1978. Laws 2001, ch. 86, § 9 repealed 60-4B-6 NMSA 1978, as enacted by Laws 1981, ch. 39, § 9, relating to the written decision of the director concerning licenses, effective July 1, 2001. For provisions of former section, see the 2000 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 60-3A-11 NMSA 1978.
NM Stat § 60-4B-7 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 4B - Special Investigations Division (Repealed, Recompiled.)|Section 60-4B-7 - Repealed.

History: Laws 1981, ch. 39, § 10; repealed by Laws 2015, ch. 3, § 45.ANNOTATIONSRepeals. — Laws 2015, ch. 3, § 45 repealed 60-4B-7 NMSA 1978, as enacted by Laws 1981, ch. 39, § 10, relating to report to the governor, effective July 1, 2015. For provisions of former section, see the 2014 NMSA 1978 on NMOneSource.com.
NM Stat § 60-4B-9 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 4B - Special Investigations Division (Repealed, Recompiled.)|Section 60-4B-9 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 204, § 26 repealed 60-4B-8 and 60-4B-9 NMSA 1978, as enacted by Laws 1981, ch. 39, § 11 and Laws 1987, ch. 333, § 5, relating to training of alcoholic beverage control agents and termination of agency life, effective July 1, 1989.
NM Stat § 60-4C-1 to 60-4C-3 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 4C - Alcoholic Beverage Control Commission (Repealed.)|Section 60-4C-1 to 60-4C-3 - Repealed.

ANNOTATIONSRepeals. — Laws 1987, ch. 254, § 27 repealed 60-4C-1 to 60-4C-3 NMSA 1978, as enacted by Laws 1981, ch. 39, §§ 12-14, relating to the alcoholic beverage control commission, effective July 1, 1987.
NM Stat § 60-5-2 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 5 - Local Option (Repealed.)|Section 60-5-2 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 39, § 128, repealed 60-5-1, 60-5-2 NMSA 1978, relating to elections for local option, effective July 1, 1981. For present provisions, see 60-5A-1, 60-5A-2 NMSA 1978.
NM Stat § 60-5A-2 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 5A - Local Option|Section 60-5A-2 - Resubmission of local option question.

In any local option district in which the local option provisions of the Liquor Control Act [60-3A-1 NMSA 1978] or former act have been rejected by the voters, it shall be permissible after the expiration of two years from the date of the election at which the local option provisions of the Liquor Control Act or any former act were rejected, to have another local option election in the district by following the procedure provided for in Section 15 [60-5A-1 NMSA 1978] of the Liquor Control Act. At the option of the petitioners referred to in Subsection A of Section 15 of that act, it shall be permissible to resubmit to the voters of one district not only the question of the sale, service or public consumption of alcoholic beverages, but it shall also be permissible to petition for a local option election for the purpose of submitting to the voters of the district the question of permitting the sale of alcoholic beverages by retailers only in the district. History: Laws 1981, ch. 39, § 16. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 109. 48 C.J.S. Intoxicating Liquors § 73.
NM Stat § 60-6-1 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6 - Powers of Municipalities and Counties to Regulate Sales (Repealed.)|Section 60-6-1 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 39, § 128, repealed 60-6-1 NMSA 1978, relating to the power of municipalities and counties to regulate sales, effective July 1, 1981.
NM Stat § 60-6A-1 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-1 - Wholesaler's license.

A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a license as a wholesaler of alcoholic beverages. B. No wholesaler shall sell, offer for sale or ship alcoholic beverages not received at and shipped from the premises specified in the wholesaler's license. As used in this section, "received at and shipped from" means that all alcoholic beverages shall be unloaded at the wholesaler's licensed premises and placed into inventory before being sold and shipped to a licensed retailer. C. No wholesaler shall sell or offer for sale alcoholic beverages to any person other than the holder of a New Mexico wholesaler's, retailer's, dispenser's, canopy, restaurant or club license, a governmental licensee or its lessee or an enterprise owned, operated or licensed by an Indian nation, tribe or pueblo within the state in conformity with an ordinance duly adopted by the Indian nation, tribe or pueblo having jurisdiction over the situs of the transaction within the area of Indian country, certified by the secretary of the interior, published in the federal register, according to the laws of the United States. History: Laws 1981, ch. 39, § 18; 1993, ch. 68, § 5; 1995, ch. 203, § 2. ANNOTATIONSThe 1995 amendment, effective April 6, 1995, in Subsection C, added the language beginning "or an enterprise" at the end of the Subsection and made a minor stylistic change. The 1993 amendment, effective July 1, 1993, inserted the second sentence of Subsection B. Out-of-state shipment requires permit. — If the state excise tax has been paid on alcoholic liquors which a wholesaler ships out of New Mexico, a refund can be made pursuant to Section 7-17-11 NMSA 1978 upon adequate proof of out-of-state shipment. Further, shipment out of the state requires a permit from the division (now director of alcohol and gaming division) even though the state excise tax has been paid. 1963 Op. Att'y Gen. No. 63-01. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 126. 48 C.J.S. Intoxicating Liquors § 128.
NM Stat § 60-6A-2 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 6A - State Licenses|Section 60-6A-2 - Retailer's license.

A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a retailer's license for the retail sale of alcoholic beverages.B. A retailer's license, when issued, shall only be used by the person to whom the license is issued and shall only be used within the licensed premises, pursuant to provisions of the Liquor Control Act.C. In any local option district within a class B county having a population of between fifty-six thousand and fifty-seven thousand according to the 1980 federal decennial census, a person with a retailer's or dispenser's license that sells retail gasoline on the premises shall not sell alcoholic beverages other than beer with less than ten percent alcohol by volume. History: Laws 1981, ch. 39, § 19; 2021, ch. 7, § 7. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, prohibited certain retailer's and dispenser's license holders from selling alcoholic beverages other than beer with less than ten percent alcohol by volume; and added Subsection C. Director cannot authorize transfer of license from county to county. — The director has no power to authorize the transfer of a retailer's or dispenser's license from one county to another. 1967 Op. Att'y Gen. No. 67-124. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 272. 48 C.J.S. Intoxicating Liquors § 121.