reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6E - Alcohol Server Education › Section 60-6E-11 - Advisory committee created; members; meetings.

A. The "alcohol server education advisory committee" is created and is administratively attached to the division. The membership of the committee shall consist of:
(1) the director;
(2) the secretary of public safety or his designee;
(3) the secretary of health or his designee;
(4) the chief of the traffic safety bureau of the state highway and transportation department or his designee;
(5) three representatives from the retail liquor industry;
(6) a representative from the wholesale liquor industry;
(7) a representative from the insurance industry; and
(8) a representative from a nonprofit organization whose primary purpose is to reduce drunk driving in New Mexico.
B. The representative members of the committee shall be selected by the director. The director shall serve as chair of the committee.
C. The committee shall meet as often as necessary to conduct business, but no less than twice a year. Meetings shall be called by the director. Five members shall constitute a quorum.
History:
1978 Comp., § 60-6D-21, enacted by Laws 1999, ch. 277, § 12; recompiled as 1978 Comp., § 60-6E-11.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6E - Alcohol Server Education › Section 60-6E-12 - Advisory committee; duties.

The alcohol server education advisory committee shall assist the division with development of:
A. standards, course requirements and materials for the program;
B. procedures attendant to the program;
C. certification standards for providers and instructors; and
D. certification of alcohol server education programs that meet the minimum standards of the alcohol server education advisory committee.
History:
1978 Comp., § 60-6D-22, enacted by Laws 1999, ch. 277, § 13; recompiled as 1978 Comp., § 60-6E-12.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7 - State Licenses (Repealed.) › Section 60-7-1 to 60-7-33 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 39, § 128, repealed 60-7-1 to 60-7-33 NMSA 1978, relating to the issuance of licenses, effective July 1, 1981. For present provisions,60-6A-1 to 60-6A-20, 60-6B-1 to 60-6B-18 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-2 - Repealed.

History:
Laws 1981, ch. 39, § 48; 2002, ch. 104, § 2; repealed by Laws 2021, ch. 7, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 7, § 36 repealed 60-7A-2 NMSA 1978, as enacted by Laws 1981, ch. 39, § 48, relating to Sunday sales at racetracks and resorts, effective July 1, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-4 - Sale, shipment and delivery unlawful.

A. It is unlawful for a person on the person's own behalf or as the agent of another person, except a licensed New Mexico wholesaler or manufacturer or the agent of either, to directly or indirectly sell or offer for sale for shipment into the state or ship into the state, except as provided in Section 60-7A-3 NMSA 1978, alcoholic beverages unless the person or the person's principals have secured a nonresident license as provided in Section 60-6A-7 NMSA 1978.
B. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] to deliver any alcoholic beverages transported into the state unless the delivery is made in accordance with Section 60-7A-3 NMSA 1978 or Section 4 [60-6A-37 NMSA 1978] of this 2021 act.
C. As used in this section, "into the state" means into the exterior boundaries of the state.
History:
Laws 1981, ch. 39, § 50; 1987, ch. 96, § 2; 2021, ch. 7, § 26.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, required compliance with related provisions of the Liquor Control Act related to alcoholic beverage delivery permits; in Subsection A, after "Section", changed "60-7A-7" to "60-6A-7"; and in Subsection B, after "Section 60-7A-3 NMSA 1978", added "or Section 4 of this 2021 act".
Section does not prevent bringing liquor into state for personal consumption.
State v. Martinez
, 1944-NMSC-032, 48 N.M. 232, 149 P.2d 124.
Only licensed nonresident suppliers shall be permitted to import alcoholic beverages
into New Mexico. Such importations may be made only to licensed New Mexico wholesalers or distilleries, and further, such importations shall be permitted only when approved by the division of liquor control (now director of alcohol and gaming division). 1957 Op. Att'y Gen. No. 57-198.
Wholesaler's license required by one storing liquor in warehouse.
— If a person uses a warehouse in New Mexico solely for the purpose of storing liquor, all of which is to be transported out of the state, such person must be licensed by the division of liquor control (now director of alcohol and gaming division), such person must obtain a wholesaler's license. 1962 Op. Att'y Gen. No. 62-110.
Wholesaler's license required to deliver alcoholic beverages to military reservations.
— All deliveries of alcoholic beverages to post exchanges and open messes located on and within the confines of ceded military reservations in New Mexico must be made by licensed New Mexico wholesalers or distributors. 1957 Op. Att'y Gen. No. 57-198.
Transportation permit required to ship beer to military base.
— Transportation of beer or other alcoholic liquors to a post exchange or NCO club or officers' club on a ceded military reservation requires a transportation permit. 1953 Op. Att'y Gen. No. 53-5825.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 123.
48 C.J.S. Intoxicating Liquors §§ 234, 238.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-4.1 - Unlawful sale of alcoholic beverages; criminal penalty; forfeiture.

A. It is unlawful for any person to sell or attempt to sell alcoholic beverages at any place other than a licensed premises or as otherwise provided by the Liquor Control Act [60-3A-1 NMSA 1978].
B. Any person who violates the provisions of Subsection A of this section is guilty of a fourth degree felony.
C. Any conveyance used or intended to be used for the purpose of unlawful sale of alcoholic beverages or money which is the fruit or instrumentality of the crime is subject to forfeiture, and the provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of such property.
History:
1978 Comp., § 60-7A-4.1, enacted by Laws 1985, ch. 179, § 1; 1989, ch. 254, § 1; 1993, ch. 68, § 15; 2002, ch. 4, § 19.
ANNOTATIONS
The 2002 amendment,
effective July 1, 2002, in Subsection C, after "crime", deleted "may be seized and upon conviction, in the discretion of the court, be forfeited and disposed of under the procedures set forth in Section 30-31-35 NMSA 1978"; and added the last phrase beginning "is subject to forfeiture".
The 1993 amendment,
effective July 1, 1993, inserted "criminal" in the catchline; inserted "upon conviction" and "and disposed of" in Subsection C; and deleted the former second sentence of Subsection C, pertaining to taking custody of forfeited property.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-4.2 - Record of sales; administrative penalties.

A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for any person licensed pursuant to the provisions of that act and any employee, agent or lessee of that person to fail to maintain a record of sales of distilled spirits, wine and beer in quantities of twenty gallons or more to a single purchaser. The record shall contain the following information:
(1) the date of the sale;
(2) the name and address of the purchaser;
(3) a description of the quantity and type of liquor sold; and
(4) when a full case of distilled spirits is included in the sale, the serial number of the case.
B. Any person who violates the provisions of Subsection A of this section by failing to maintain a record of sales may be assessed an administrative penalty by the director not to exceed one thousand dollars ($1,000).
C. Any person who violates the provisions of Subsection A of this section by failing to maintain, with the intent to defraud, a record of sales may be assessed an administrative penalty by the director not to exceed ten thousand dollars ($10,000).
History:
1978 Comp., § 60-7A-4.2, enacted by Laws 1993, ch. 68, § 16.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-6 - Possession of liquor manufactured or shipped in violation of law; fourth degree felony; penalty; forfeiture.

A. It is unlawful for any person to have in his possession with the intent to sell or resell any alcoholic beverages which to that person's knowledge have been manufactured or transported into this state in violation of the laws of this state.
B. Any person who violates the provisions of Subsection A of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
C. Any conveyance used or intended to be used for the unlawful manufacture or transportation of alcoholic beverages or any money that is the fruit or instrumentality of unlawful manufacture or transportation of alcoholic beverages is subject to forfeiture, and the provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of such property.
History:
Laws 1981, ch. 39, § 52; 1993, ch. 68, § 18; 2002, ch. 4, § 21.
ANNOTATIONS
The 2002 amendment,
effective July 1, 2002, in Subsection C, after "beverages", deleted "may be seized and, upon conviction, in the discretion of the court, forfeited or disposed of pursuant to the provisions of Section 30-31-35 NMSA 1978"; and added the last phrase beginning "is subject to forfeiture".
The 1993 amendment,
effective July 1, 1993, added "Fourth Degree Felony - Penalty - Forfeiture" at the end of the catchline; designated the former undesignated provision as Subsection A; in Subsection A, substituted "unlawful" for "a violation of the Liquor Control Act" and inserted "with intent to sell or resell"; and added Subsections B and C.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48 C.J.S. Intoxicating Liquors § 250.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-7 - Manufacture of spirituous liquors; felony.

It is a felony for any person other than a licensed distiller or rectifier to manufacture any spirituous liquors in the state.
History:
Laws 1981, ch. 39, § 53.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48 C.J.S. Intoxicating Liquors § 248.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-8 - Sales to wholesalers.

Unless he has a wholesaler's license, no New Mexico manufacturer shall sell or offer for sale any alcoholic beverages manufactured within this state to any person in New Mexico other than wholesalers licensed under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978].
History:
Laws 1981, ch. 39, § 59.
ANNOTATIONS
Effect of one wholesaler dominating market.
— Where one wholesaler in New Mexico so dominates a substantial number of retail dealers that such retail dealers are compelled to purchase substantially all of their distilled spirits from such wholesaler, the practice restrains and prevents transactions in such distilled spirits between other wholesalers in the state and distillers and distributors elsewhere.
Levers v. Anderson
, 153 F.2d 1008 (10th Cir.), cert. denied, 328 U.S. 866, 66 S. Ct. 1376, 90 L. Ed. 1636 (1946).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 287.
48 C.J.S. Intoxicating Liquors § 129.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-10 - Wholesalers prohibited from owning retailer's or dispenser's establishment.

A. Except as provided in Subsection B of this section, it is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a wholesaler, directly or indirectly or through an affiliate, to own, either in whole or in part, a business operated under a retailer's or dispenser's license.
B. This section shall not prevent a wholesaler from owning a dispenser's license directly or indirectly or through an affiliate and operating a business itself or through an affiliate or a lessee under a dispenser's license if:
(1) the wholesaler directly or indirectly operates or controls an interest in an establishment or complex maintaining a minimum of one hundred sleeping rooms and having a resident of New Mexico as a proprietor or manager and where, in consideration of payment, meals and lodging are regularly furnished to the general public; and
(2) the sale of alcoholic beverages under the dispenser's license is restricted to their consumption on the licensed premises.
History:
Laws 1981, ch. 39, § 74; 1991, ch. 5, § 1.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, designated the former section as Subsection A, adding the exception at the beginning thereof, and added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 121.
48 C.J.S. Intoxicating Liquors § 197.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-11 - Offenses by retailers.

It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for any retailer to:
A. allow or permit any alcoholic beverages to be consumed on his licensed premises;
B. maintain or keep in close proximity to the licensed premises any place for the consumption of alcoholic beverages purchased from him;
C. sell any alcoholic beverages at any place other than his licensed premises;
D. sell, possess for the purpose of sale or to have, possess or keep on his licensed premises alcoholic beverages not contained in the unopened, original package;
E. buy or receive any alcoholic beverages from any person other than a duly licensed New Mexico wholesaler, or wine wholesaler for the purpose of or with the intent of reselling the alcoholic beverages; or
F. directly, indirectly or through any subterfuge own, operate or control any interest in any wholesale liquor establishment or liquor manufacturing or wine bottling firm; provided, that this subsection shall not prevent a retailer from owning stock in any corporation which wholesales, manufactures or bottles alcoholic beverages when he owns the stock for investment purposes only.
History:
Laws 1981, ch. 39, § 77; 1988, ch. 60, § 6.
ANNOTATIONS
Meaning of "package".
— In keeping with the usages expressed by and implied from the term "package," such refers to the individual bottles, cans or crocks, as the case may be. 1957 Op. Att'y Gen. No. 57-243.
Delivery of purchase permitted.
— When a sale takes place on the licensed premises of a retailer or dispenser, the beverage so purchased may be delivered by the retailer or independent carrier to any location designated by the purchaser. 1958 Op. Att'y Gen. No. 58-15.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48 C.J.S. Intoxicating Liquors § 237.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-13 - Sales by clubs.

A. Any club licensed pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] shall only have the right to sell alcoholic beverages by the drink and wine by the bottle for consumption on the premises.
B. Except as otherwise provided in this section, it is unlawful and grounds for suspension or revocation of its license for a club to:
(1) solicit by advertising or any other means public patronage of its alcoholic beverage facilities. In the event the club solicits public patronage of its other facilities, alcoholic beverages shall not be sold, served or consumed on the premises while the other facilities are being used by or operated for the benefit of the general public, unless the alcoholic beverage facilities are separate from the other facilities and the general public is not permitted to enter any part of the facilities where alcoholic beverages are being sold, served or consumed; or
(2) serve, sell or permit the consumption of alcoholic beverages to persons other than members and their bona fide guests.
C. A club licensed pursuant to the provisions of the Liquor Control Act may allow its facilities, including its licensed premises, to be used, for activities other than its own, no more than four times in a calendar year for fundraising events held by other nonprofit organizations.
D. For the purposes of this section:
(1) "bona fide guest" means a person whose presence in the club is in response to a specific invitation by a member and for whom the member assumes responsibility; and
(2) "member" includes the adult spouse and the children of a member who pays membership dues or of a deceased member who paid membership dues or a member of an official auxiliary or subsidiary group of the club who has been issued a personal identification card in accordance with the rules and regulations of the club.
History:
Laws 1981, ch. 39, § 79; 1987, ch. 13, § 1; 1999, ch. 114, § 1; 2021, ch. 7, § 28.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, increased the number of times a licensed club may allow its facilities, including its licensed premises, to be used for activities other than its own for fundraising events held by other nonprofit organizations; and in Subsection C, after "no more than", changed "two" to "four".
The 1999 amendment,
effective April 1, 1999, in Subsection B, inserted "Except as otherwise provided in this section" at the beginning, inserted Subsection C, and redesignated former Subsection C as Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 129.
48 C.J.S. Intoxicating Liquors § 197.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-14 - Filling bottles; misrepresentation of alcoholic beverages.

It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for any licensee to:
A. pour into any empty or partially empty bottle which contains or has contained any alcoholic beverage, alcoholic beverages of a different kind, class, brand, proof or age from that represented by the label, indicia, legend or descriptive matter on the bottle;
B. have, allow or permit upon the licensed premises any bottle containing alcoholic beverages of a different kind, class, brand, proof or age from that represented by the label, indicia, legend or descriptive matter appearing on the bottle;
C. expressly or impliedly misrepresent the kind, class, brand, proof or age of any alcoholic beverages served by the drink; or
D. pour into any empty or partially empty alcoholic beverage bottle, alcoholic beverages of the same kind, class, brand, proof or age as that represented by the label, indicia, legend and descriptive matter appearing on the bottle.
History:
Laws 1981, ch. 39, § 80.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity, construction, and effect of statutes, ordinances, or regulations prohibiting or regulating advertising of intoxicating liquors, 20 A.L.R.4th 600.
48 C.J.S. Intoxicating Liquors § 201.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-15 - Public nuisance.

A. Any premises used for the unlawful purpose of sale, manufacture, storage, possession or consumption of alcoholic beverages in violation of the Liquor Control Act [60-3A-1 NMSA 1978] is a public nuisance.
B. The district attorney in the county in which the nuisance exists is authorized to maintain an action to abate and temporarily and permanently enjoin the nuisance. The district attorney shall not be required to post bond.
C. Upon final judgment, the court shall enjoin the owner, lessee, tenant or occupant from maintaining or assisting in maintaining the nuisance, and shall order the premises to be closed until bond is furnished with sufficient surety in such sum as the court in its discretion shall by order and judgment provide, conditioned that the premises will not be maintained as a public nuisance.
History:
Laws 1981, ch. 39, § 92.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors §§ 77, 441, 449.
Constitutionality of statute relating to injunctions against crime or abatement of nuisance arising from violation of liquor law, 49 A.L.R. 635.
Public dances or dance halls as nuisances, 44 A.L.R.2d 1381.
48 C.J.S. Intoxicating Liquors §§ 248, 405, 407, 408.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-17 - Prostitution; loitering; promoting.

A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a licensee to knowingly:
(1) allow prostitution on the licensed premises;
(2) allow or permit the loitering of or solicitation by known prostitutes on the licensed premises; or
(3) procure a prostitute for a patron, solicit a patron for a prostitute or solicit for a house of prostitution.
B. No municipality shall enact any ordinance or resolution inconsistent with the provisions of Subsection A of this section.
History:
Laws 1981, ch. 39, § 94.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 203.
Validity, construction, and application of loitering statutes and ordinances, 72 A.L.R.5th 1.
48 C.J.S. Intoxicating Liquors § 257.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-18 - Repealed.

History:
Laws 1981, ch. 39, § 95; repealed by Laws 2021, ch. 7, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 7, § 36 repealed 60-7A-18 NMSA 1978, as enacted by Laws 1981, ch. 39, § 95, relating to hours for public dances, effective July 1, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not a part of the law.
2023 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.
ANNOTATIONS
Defendant 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7B - Regulation of Sales and Service to Minors › Section 60-7B-1.1 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7B - Regulation of Sales and Service to Minors › Section 60-7B-4 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
The 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".
2023 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.
2023 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.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7B - Regulation of Sales and Service to Minors › Section 60-7B-14 - Substance-related poisoning prevention; limited immunity.

A. A person who, in good faith, seeks medical assistance for someone experiencing an alcohol- or drug-related overdose shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the evidence for the alleged violation was obtained as a result of the need for seeking medical assistance:
(1) the provisions of Section 60-7B-1 or 60-7B-9 NMSA 1978;
(2) a restraining order; or
(3) the conditions of probation or parole.
B. A person who experiences an alcohol- or drug-related overdose and is in need of medical assistance shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the evidence for the alleged violation was obtained as a result of the overdose and the need for seeking medical assistance:
(1) the provisions of Section 60-7B-1 or 60-7B-9 NMSA 1978;
(2) a restraining order; or
(3) the conditions of probation or parole.
C. The act of seeking medical assistance for someone who is experiencing an alcohol- or drug-related overdose may be used as a mitigating factor in a criminal prosecution pursuant to the Liquor Control Act [60-3A-1 NMSA 1978] for which immunity is not provided pursuant to this section.
D. For the purposes of this section, "seeking medical assistance" means:
(1) reporting an alcohol- or drug-related overdose or other medical emergency to law enforcement, the 911 system or another emergency dispatch system, a poison control center or to a health care provider; or
(2) assisting an individual who is reporting an alcohol- or drug-related overdose or providing care to an individual who is experiencing an alcohol- or drug-related overdose or other medical emergency while awaiting the arrival of a health care provider.
History:
Laws 2019, ch. 211, § 11.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 211, § 17 made Laws 2019, ch. 211 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8 - Revocation and Suspension of Licenses (Repealed.) › Section 60-8-1 to 60-8-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 39, § 128, repealed 60-8-1 to 60-8-11 NMSA 1978, relating to the revocation and suspension of licenses, effective July 1, 1981. For present provisions,
see
60-6B-7, 60-6C-1 to 60-6C-9, 60-7A-20 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-1.1 - Unlawful inducements.

A. No retailer licensee, restaurant licensee, club licensee, governmental licensee or licensee that dispenses any kind or class of alcoholic beverage shall directly or indirectly, or through an affiliate, give or permit to be given money or any other thing of substantial value in any effort to induce any person to persuade or influence any other person to purchase, or contract for the purchase of, any particular brand or kind of alcoholic beverages, or to persuade or influence any person to refrain from purchasing, or refrain from contracting for the purchase of, any particular brand or kind of alcoholic beverages.
B. No retailer licensee, restaurant licensee, club licensee, governmental licensee or licensee that dispenses any kind or class of alcoholic beverage shall directly or indirectly, or through an affiliate, receive or otherwise accept an inducement prohibited pursuant to Subsection A of this section.
History:
1978 Comp., § 60-8A-1.1, enacted by Laws 2021, ch. 117, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 117, § 2 made Laws 2021, ch. 117, § 1 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 8A - Trade Practices › Section 60-8A-2 - Territorial designation for distribution of beer; agreement.

Every brewer, whether located within or without New Mexico, may designate territorial limits in the state within which the brand or brands of beer manufactured by the manufacturer may be sold by wholesalers of beer to licensees. A wholesaler of beer may enter into written agreement with the manufacturer of the brand of beer to be sold by the wholesaler which sets forth the territorial limits within which the wholesaler may distribute the beer. A copy of the agreement and any amendments shall be filed with the department by the wholesaler.
History:
Laws 1981, ch. 39, § 61.