reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 3A - General Provisions › Section 60-3A-5 - Exemptions from act.

Nothing in the Liquor Control Act applies to:
A. the transportation of alcoholic beverages through New Mexico;
B. the transportation of alcoholic beverages into a United States customs bonded warehouse located in New Mexico;
C. ethyl alcohol intended for or used for any of the following purposes:
(1) scientific, mechanical, industrial, medical, chemical or culinary purposes;
(2) use by those authorized to procure the same tax free, as provided by the acts of congress and regulations promulgated thereunder; or
(3) in the manufacture of denatured alcohol produced and used as provided by the acts of congress and regulations promulgated thereunder; or
D. the sale, service, possession or public consumption of alcoholic beverages by any person within the boundaries of lands over which an Indian nation, tribe or pueblo has jurisdiction if the alcoholic beverages are purchased from New Mexico wholesalers and if the sale, service, possession or public consumption of alcoholic beverages is authorized by the laws of the Indian nation, tribe or pueblo having jurisdiction over those lands and is consistent with the ordinance of the Indian nation, tribe or pueblo certified by the secretary of the interior and published in the federal register according to the laws of the United States.
History:
Laws 1981, ch. 39, § 112; 1995, ch. 203, § 1.
ANNOTATIONS
The 1995 amendment,
effective April 6, 1995, added Subsection D and made minor stylistic changes in Subsections B and C.
Provisions governing hours of operation do not apply to Indian casino.
— Where alcohol distributors sold alcohol to an Indian casino knowing that the casino planned to sell alcohol continuously in a twenty-four hour period, the provisions of the Liquor Control Act, Section 60-3A-1 NMSA 1978 et seq., that alcohol may be served, did not create a duty of care to motorists who were injured in an accident caused by a drunk driver who was served alcohol which intoxicated at the casino because the act does not apply to Indian casinos.
Chavez v. Desert Eagle Distributing Co. of N.M.
, 2007-NMSA-018, 141 N.M. 116, 151 P.3d 77, cert. denied, 2007-NMCERT-001, 141 N.M. 164, 152 P.3d 151.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 62.
48 C.J.S. Intoxicating Liquors § 222.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 3A - General Provisions › Section 60-3A-6 - Authority of department of public safety.

The department of public safety has authority over all investigations and enforcement activities required under the Liquor Control Act except for those provisions relating to the issuance, denial, suspension or revocation of licenses, unless its assistance is requested by the director of the alcohol and gaming division of the regulation and licensing department.
History:
1978 Comp., § 60-3A-6, enacted by Laws 1987, ch. 254, § 24; 2001, ch. 86, § 3.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, substituted "department of public safety" for "public safety department" in the section heading and in the section text and substituted "director of the alcohol and gaming division of the regulation and licensing department" for "superintendent of regulation and licensing".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 3A - General Provisions › Section 60-3A-6.1 - Local law enforcement; department of public safety; reporting requirements; authority to request investigations.

A. Within thirty days following the date of issuance of a citation pursuant to the provisions of the Liquor Control Act, the department of public safety or the law enforcement agency of a municipality or county shall report alleged violations of that act to the alcohol and gaming division of the regulation and licensing department.
B. The director of the alcohol and gaming division of the regulation and licensing department may request the investigators of the department of public safety to investigate licensees or activities that the director has reasonable cause to believe are in violation of the Liquor Control Act.
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.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 3, § 29 recompiled and amended 60-4B-4.1 NMSA 1978 as 60-3A-6.1 NMSA 1978, effective July 1, 2015.
The 2015 amendment,
effective July 1, 2015, provided for the reorganization of the department of public safety by changing which investigators are charged with investigating violations of the Liquor Control Act; in Subsection B, after "investigators", deleted "of the special investigations division".
2023 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.
ANNOTATIONS
The 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; and
C. 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".
2023 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; and
G. 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.
ANNOTATIONS
The 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; and
C. 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 86, § 10 makes the act effective July 1, 2001.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 86, § 10 makes the act effective July 1, 2001.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 86, § 10 makes the act effective July 1, 2001.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 7, § 37 made Laws 2021, ch. 7, § 6 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 4 - Department of Alcoholic Beverage Control (Repealed.) › Section 60-4-1 to 60-4-10 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 4A - Conflict of Interest in Department (Repealed.) › Section 60-4A-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 39, § 128, repealed 60-4A-1, 60-4A-2 NMSA 1978, relating to conflict of interest, effective July 1, 1981.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 4B - Special Investigations Division (Repealed, Recompiled.) › Section 60-4B-3 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 4B - Special Investigations Division (Repealed, Recompiled.) › Section 60-4B-6 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 4B - Special Investigations Division (Repealed, Recompiled.) › Section 60-4B-9 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 4C - Alcoholic Beverage Control Commission (Repealed.) › Section 60-4C-1 to 60-4C-3 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 5 - Local Option (Repealed.) › Section 60-5-2 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 109.
48 C.J.S. Intoxicating Liquors § 73.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6 - Powers of Municipalities and Counties to Regulate Sales (Repealed.) › Section 60-6-1 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-3 - Dispenser'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 dispenser's license for the sale of alcoholic beverages.
B. A dispenser'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 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, § 20; 2021, ch. 7, § 8.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, prohibited certain 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 § 130.
Hotel or inn, what constitutes, within meaning of liquor statute, 19 A.L.R. 531, 53 A.L.R. 988.
48 C.J.S. Intoxicating Liquors § 135.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-5 - Club licenses.

A. In any local option district, a club qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a club license.
B. Club licenses shall not be transferred from one owner to another. A club license may be transferred from one location to another upon compliance with the provisions of the Liquor Control Act. A club license shall not be leased.
C. The provisions of Section 35 [60-6A-18 NMSA 1978] of the Liquor Control Act shall not apply to club licenses.
History:
Laws 1981, ch. 39, § 22.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 183.
Grant or renewal of liquor license as affected by fact that applicant held such license in the past, 2 A.L.R.2d 1239.
48 C.J.S. Intoxicating Liquors § 123.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-6 - Manufacturer's license.

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 manufacturer's license.
History:
Laws 1981, ch. 39, § 23.
ANNOTATIONS
Temporary provisions.
— Laws 2011, ch. 110, § 5 provided that:
A. If a person has submitted an application for a manufacturer's license as a distiller to the director of the alcohol and gaming division of the regulation and licensing department and, on July 1, 2011, the application has not yet been approved, the person may submit a request in writing to the director no later than July 31, 2011 to convert the application from a manufacturer's license as a distiller to an application for a craft distiller's license in accordance with procedures adopted by the director.
B. If, within one hundred twenty days prior to or subsequent to July 1, 2011, a person obtains approval for a manufacturer's license as a distiller, the person may submit a request in writing to the director of the alcohol and gaming division of the regulation and licensing department to convert the manufacturer's license as a distiller to a craft distiller's license pursuant to procedures adopted by the director and upon payment of licensing fees as provided in Section 60-6A-27 NMSA 1978. There shall be no refunds of application or licensing fees unless otherwise provided by law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 126.
48 C.J.S. Intoxicating Liquors § 125.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-8 - Wine bottler's license.

Before any wholesaler whose license permits the sale of wine for resale packages wine for resale, he shall procure from the department a wine bottler's license.
History:
Laws 1981, ch. 39, § 25; 1988, ch. 60, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48 C.J.S. Intoxicating Liquors § 124.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-9 - Public service license.

A. Every person selling alcoholic beverages to travelers on trains or airplanes within the state shall secure a public service license from the department on or before July 1 of each year.
B. A photostatic copy of the license shall be posted in each train car from which alcoholic beverages are sold, or on the premises at each airport where alcoholic beverages are stored and issued to airplanes.
History:
Laws 1981, ch. 39, § 26.
ANNOTATIONS
Federal preemption.
— New Mexico's regulatory scheme of airlines' alcoholic beverage services provided to passengers is impliedly preempted as it falls within the field of aviation safety that congress intended federal law to occupy exclusively. However, the twenty-first amendment of the United States constitution requires a balancing of New Mexico's core powers and the federal interests underlying the FAA.
US Airways, Inc. v. O'Donnell
, 627 F.3d 1318 (10th Cir. 2010).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 132.
48 C.J.S. Intoxicating Liquors § 20.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-11.1 - Direct wine shipment permit; authorization; restrictions.

A. A licensee with a winegrower's license or a person licensed in a state other than New Mexico that holds a winery license may apply to the director for and the director may issue to the applicant a direct wine shipment permit. An application for a direct wine shipment permit shall include:
(1) contact information for the applicant in a form required by the department;
(2) an annual application fee of fifty dollars ($50.00) if the applicant does not hold a winegrower's license;
(3) the number of the applicant's winegrower's license if the applicant is located in New Mexico or a copy of the applicant's winery license if the applicant is located in a state other than New Mexico; and
(4) any other information or documents required by the director. Upon approval of an applicant for a permit, the director shall forward to the taxation and revenue department the name of each permittee and the contact information for the permittee.
B. A direct wine shipment permit shall be valid for a permit year. A permittee shall renew a direct wine shipment permit annually as required by the department to continue making direct shipments of wine to New Mexico residents.
C. A permittee may ship:
(1) not more than two nine-liter cases of wine monthly to a New Mexico resident who is twenty-one years of age or older for the recipient's personal consumption or use, but not for resale; and
(2) wine directly to a New Mexico resident only in containers that are conspicuously labeled with the words:
"CONTAINS ALCOHOL
SIGNATURE OF PERSON 21 YEARS OR OLDER REQUIRED
FOR DELIVERY".
D. A permittee shall:
(1) register with the taxation and revenue department for the payment of liquor excise tax and gross receipts taxes due on the sales of wine pursuant to the permittee's activities in New Mexico;
(2) submit to the jurisdiction of New Mexico courts to resolve legal actions that arise from the shipping by the permittee of wine into New Mexico to New Mexico residents;
(3) monthly, by the twenty-fifth day of each month following the month in which the permittee was issued a direct wine shipment permit, pay to the taxation and revenue department the liquor excise tax due and the gross receipts tax due; and
(4) submit to an audit by an agent of the taxation and revenue department of the permittee's records of the wine shipped pursuant to this section to New Mexico residents upon notice and during usual business hours.
E. As used in this section:
(1) "permit year" means the period between July 1 and June 30 of a year; and
(2) "permittee" means a person that is the holder of a direct wine shipment permit.
History:
1978 Comp., § 60-6A-11.1, enacted by Laws 2011, ch. 109, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 109, § 3 made Laws 2011, ch. 109, § 1 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-13 - Registration to transport.

For the renewal year beginning on July 1, 1998 and every three years thereafter, every common carrier transporting alcoholic beverages into and for delivery within the state shall register with the department and pay a registration fee of fifty dollars ($50.00).
History:
Laws 1981, ch. 39, § 30; 1998, ch. 79, § 2.
ANNOTATIONS
The 1998 amendment,
effective May 20, 1998, substituted "For the renewal year beginning on July 1, 1998 and every three years thereafter" for "On July 1 of each year" at the beginning of the section and "fifty dollars ($50.00)" for "fifteen dollars ($15.00)" at the end.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 131.
48 C.J.S. Intoxicating Liquors § 208.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-14 - Sacramental wine.

No license shall be required of any person to sell wine for use in this state which is to be used exclusively for sacramental or religious purposes when the wine is consigned to any bona fide priest, pastor, bishop, rabbi, preacher or minister of the gospel of any religious faith or denomination and the container, barrel, case or carton is plainly and legibly labeled: "Wine To Be Used Exclusively For Sacramental And Religious Purposes"; no licenses or transportation permit or other permit shall be required for the importation, delivery, transportation or distribution of any such wine when it is consigned to any such bona fide priest, pastor, bishop, rabbi, preacher or minister of the gospel, and the container, barrel, case or carton thereof is plainly and legibly labeled as provided in this section.
History:
Laws 1981, ch. 39, § 31.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 75.
48 C.J.S. Intoxicating Liquors §§ 129, 200.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-17 - Issuance of licenses and collection of fees.

All licenses provided for pursuant to the Liquor Control Act [60-3A-1 NMSA 1978] shall be issued by the director in strict compliance with the provisions of that act, and license fees shall be collected by the director and remitted to the state treasurer.
History:
Laws 1981, ch. 39, § 34.
ANNOTATIONS
Law reviews.
— For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Resources J. 599 (1967).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48 C.J.S. Intoxicating Liquors § 187.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-19 - No property right in license; exception.

A. The holder of any license issued under the Liquor Control Act [60-3A-1 NMSA 1978] or any former act has no vested property right in the license, which is the property of the state; provided that retailer's licenses, dispenser's licenses and canopy licenses that were replaced by dispenser's licenses pursuant to Section 60-6B-16 NMSA 1978:
(1) shall be considered property subject to execution, attachment, a security transaction, liens, receivership and all other incidents of tangible personal property under the laws of this state, except as otherwise provided in the Liquor Control Act;
(2) may be assigned, transferred from person to person or leased, provided all requirements of the Liquor Control Act and department regulations are fulfilled; and
(3) shall be transferred as personal property upon attachment, execution, repossession by a secured party or lienor, foreclosure by a creditor, appointment of a receiver for the licensee, death of the licensee, filing of a petition of bankruptcy by or for the licensee, incapacity of the licensee or dissolution of the licensee. The director may by rule or regulation determine any application or notice requirement for a person who temporarily holds a license pursuant to this subsection.
B. Any license issued under the Liquor Control Act [60-3A-1 NMSA 1978] may be transferred to any location not otherwise contrary to law within the same local option district where the license is then located, provided all requirements of the Liquor Control Act and department regulations are fulfilled.
History:
Laws 1981, ch. 39, § 36; 1991, ch. 257, § 1.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, designated the previously undesignated provisions as Subsection A and Paragraph (1) thereof; in Subsection A, substituted "provided that retailer's licenses, dispenser's licenses and canopy licenses that were replaced by dispenser's licenses pursuant to Section 60-6B-16 NMSA 1978" for "provided that until June 30, 1991 licenses issued prior to the effective date of the Liquor Control Act" at the end of the introductory paragraph and added Paragraphs (2) and (3); and added Subsection B.
Constitutionality.
— This section is constitutional. It does not take existing property interests without due process and it does not unreasonably deprive the owner of a liquor license of all or substantially all of the beneficial use of his license.
Chronis v. State ex rel. Rodriguez
, 1983-NMSC-081, 100 N.M. 342, 670 P.2d 953.
A liquor license is a privilege subject to regulation
and not a property right.
Chronis v. State ex rel. Rodriguez
, 1983-NMSC-081, 100 N.M. 342, 670 P.2d 953.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liquor license as subject to execution or attachment, 40 A.L.R.4th 927.
Security interests in liquor licenses, 56 A.L.R.4th 1131.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-20 - Vested rights of licensees operating breweries, distilleries, rectifying plants or wineries.

If a permit or license is issued to a person for the operation of a brewery, distillery, rectifying plant or winery, and the permittee or licensee has commenced the operation of the brewery, distillery, rectifying plant or winery under the terms of the permit or license, the permit or license shall be construed to constitute a contract vesting in the licensee, for a period of fifty years from the date of the original issuance of the license or permit, a right to operate the business, which right shall not be impaired by any subsequent legislation or local option election. This section shall not be construed to permit the licensee or permittee to sell its products in this state contrary to the current laws of this state.
History:
Laws 1981, ch. 39, § 17.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48 C.J.S. Intoxicating Liquors § 108.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-21 - Short title.

Sections 60-6A-21 through 60-6A-28 NMSA 1978 may be cited as the "Domestic Winery, Small Brewery and Craft Distillery Act".
History:
1978 Comp., § 60-6A-21, enacted by Laws 1983, ch. 280, § 2; 1993, ch. 68, § 8; 2011, ch. 110, § 1.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, changed the name of the act to include craft distilleries.
The 1993 amendment,
effective July 1, 1993, inserted "and Small Brewery".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-22 - Definitions.

As used in the Domestic Winery, Small Brewery and Craft Distillery Act:
A. "brandy" means an alcoholic liquor distilled from wine or from fermented fruit juice;
B. "beer" means any fermented beverage containing more than one-half percent alcohol obtained by the fermentation of any infusion or decoction of barley, malt and hops or other cereal in water, and includes porter, beer, ale and stout;
C. "craft distiller" means a person licensed as a craft distiller who owns or operates a business for the manufacture of spirituous liquors but who does not manufacture more than one hundred fifty thousand proof gallons per license year;
D. "small brewer" means any person who owns or operates a business for the manufacture of beer but does not manufacture more than two hundred thousand barrels of beer per year;
E. "proof gallon" means a gallon of liquid at sixty degrees Fahrenheit that contains fifty percent ethyl alcohol by volume or its equivalent;
F. "public celebration" means any state fair, county fair, community fiesta or cultural or artistic performance;
G. "wine" means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar, or any such alcoholic beverage to which is added grape brandy, fruit brandy or spirits of wine that is distilled from the particular agricultural products of which the wine is made, and other rectified wine products by whatever name that do not contain more than fifteen percent added flavoring, coloring and blending material and that contain not more than twenty-four percent alcohol by volume, and includes vermouth;
H. "wine blender" means a person authorized to operate a bonded wine cellar pursuant to a permit issued for that purpose under the internal revenue laws of the United States but who does not have facilities or equipment for the conversion of grapes, berries or other fruit into wine and does not engage in the production of wine in commercial quantities; provided that any person who produces or blends not to exceed three hundred gallons of wine per year shall not, because of such production or blending, be considered a wine blender; and
I. "winer" means a person licensed as a winegrower.
History:
1978 Comp., § 60-6A-22, enacted by Laws 1983, ch. 280, § 3; 1985, ch. 217, § 1; 1998, ch. 109, § 3; 2011, ch. 110, § 2.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, added definitions of "craft distiller" and "proof gallon".
The 1998 amendment,
effective July 1, 1998, substituted "a person licensed as a winegrower" for "any person who has facilities and equipment for the conversion in New Mexico, of grapes, berries or other fruit into wine and is engaged in the commercial production of wine; provided that any person who produces not to exceed two hundred gallons of wine per year for his own consumption shall not, because of such production, be considered a winer" near the beginning of Subsection G.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 109, § 8 repeals 60-6A-23 NMSA 1978, enacted by Laws 1983, ch. 280, § 4, relating to winer's license, effective July 1, 1998. For provisions of former section, see 1997 Cumulative Supplement.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-24 - Wine blender's license.

A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], except as otherwise provided in the Domestic Winery and Small Brewery Act [60-6A-21 to 60-6A-28 NMSA 1978], may apply for and be issued a wine blender's license.
B. A wine blender's license authorizes the person to whom it is issued to:
(1) package, rectify, blend, mix, flavor, color, label and export wine, whether manufactured or produced by him or any other person;
(2) sell only wine packaged by or for him to a person holding a New Mexico wine wholesaler's, wholesaler's, winegrower's or wine exporter's license or to a winegrower's agent;
(3) deal in warehouse receipts for wine; and
(4) be deemed a manufacturer for purposes of the Gross Receipts and Compensating Tax Act [Chapter 7, Article 9 NMSA 1978].
C. A wine blender's license does not authorize the person to whom it is issued:
(1) to crush, ferment and produce wine from grapes, berries and other fruits;
(2) to obtain or be issued a winer's license, a retailer's license or a dispenser's license;
(3) to buy, sell, receive or deliver wine from persons other than authorized licensees; or
(4) to conduct wine tastings or sell for consumption off premises, at retail, or to sponsor wine tastings, either on or off the wine blender's premises.
History:
1978 Comp., § 60-6A-24, enacted by Laws 1983, ch. 280, § 5; 1985, ch. 217, § 3; 1998, ch. 109, § 4.
ANNOTATIONS
The 1998 amendment,
effective July 1, 1998, added Subsection B and redesignated former Subsection B as Subsection C, rewriting the subsection.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-25 - Repealed.

History:
1978 Comp., § 60-6A-25, enacted by Laws 1983, ch. 280, § 6; 1985, ch. 217, § 4; repealed by Laws 2021, ch. 7, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 7, § 36 repealed 60-6A-25 NMSA 1978, as enacted by Laws 1983, ch. 280, § 6, relating to brandy manufacturer's license, effective July 1, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.