2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-5 - Manufacture, sale or possession for sale when not permitted by Liquor Control Act; criminal penalty; forfeiture.

A. It is unlawful for any person to manufacture for the purpose of sale, possess for the purpose of sale, offer for sale or sell any alcoholic beverages in the state except under the terms and conditions of 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 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 sale of alcoholic beverages or any money that is the fruit or instrumentality of unlawful manufacture or sale 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, § 51; 1993, ch. 68, § 17; 2002, ch. 4, § 20.
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 and 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, inserted "criminal" in the catchline; designated the former provision as Subsection A; and added Subsections B and C.
Illegal sales in dry area punishable.
— Liquor code provisions making it illegal to sell liquor without a license are applicable in dry areas, since liquor could otherwise be sold within these areas without punishment.
State v. Bryant
, 1949-NMSC-026, 53 N.M. 229, 205 P.2d 213.
Violator entitled to trial by jury.
— At the time of the adoption of the constitution and immediately prior thereto a person charged with selling alcoholic liquor without a license had the right to a trial by jury.
State v. Jackson
, 1967-NMCA-001, 78 N.M. 29, 427 P.2d 46.
The defendant charged with selling liquor without a license upon his demand should be accorded a trial by jury.
State v. Jackson
, 1967-NMCA-001, 78 N.M. 29, 427 P.2d 46.
Conviction not sustained where insufficient evidence in record regarding possession.
— Where search revealed one pint of whiskey in defendant's bedroom and 11 fifths of whiskey in three brands found on the floor of the living room behind window drapes, and defendant's locality was within a local "dry" area and defendant had no license to sell liquor, this was insufficient evidence concerning defendant's possession for the purpose of sale and a conviction cannot be sustained.
State v. Easterwood
, 1961-NMSC-084, 68 N.M. 464, 362 P.2d 997.
Illegal sale of alcohol not nuisance.
— Where there is no statute which declares the illegal sale of alcoholic beverages to be a nuisance, the legislature intended that something more than the sale of alcoholic liquor must be shown before such act could be restrained as a public nuisance.
State v. Davis
, 1958-NMSC-138, 65 N.M. 128, 333 P.2d 613.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 261.
Power to prohibit the possession of intoxicating liquor, irrespective of any intention to traffic therein, 2 A.L.R. 1085.
Constitutionality of statute prohibiting the manufacture of intoxicating liquor, 3 A.L.R. 285.
Test of intoxicating character of liquor, 4 A.L.R. 1137, 11 A.L.R. 1233, 19 A.L.R. 512, 36 A.L.R. 725, 91 A.L.R. 513.
Right of one charged with unlawful sale of intoxicating liquor to be informed before trial of name or identity of purchaser, 5 A.L.R. 409.
What amounts to attempt to manufacture intoxicating liquor within criminal law, 22 A.L.R. 225.
Forfeiture of property for unlawful use before trial of individual offender, 3 A.L.R.2d 738.
Operation and effect, in dry territory, of general statute making sale or possession for sale of intoxicating liquor without a license an offense, 8 A.L.R.2d 750.
State's power to regulate price of intoxicating liquors, 14 A.L.R.2d 699.
What constitutes "sale" of liquor in violation of statute or ordinance, 89 A.L.R.3d 551.
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 §§ 250, 251.