2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-12 - Offenses by dispensers, canopy licensees, restaurant licensees, governmental licensees or their lessees and clubs.

It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for any dispenser, canopy licensee, restaurant licensee, governmental licensee or its lessee or club to:
A. receive any alcoholic beverages for the purpose or with the intent of reselling the alcoholic beverages from any person unless the person is duly licensed to sell alcoholic beverages to dispensers for resale;
B. sell; possess for the purpose of sale; or bottle bulk wine for sale other than by the drink for immediate consumption on its licensed premises;
C. directly, indirectly or through subterfuge, own, operate or control any interest in a wholesale liquor establishment or liquor manufacturing or wine bottling firm; provided that this section shall not prevent:
(1) a dispenser from owning an interest in a legal entity, directly or indirectly or through an affiliate, that wholesales alcoholic beverages and that operates or controls an interest in an establishment operating pursuant to the provisions of Subsection B of Section 60-7A-10 NMSA 1978; or
(2) a small brewer or winegrower licensed pursuant to the Domestic Winery, Small Brewery and Craft Distillery Act [60-6A-21 NMSA 1978] from holding an interest in a legal entity, directly or indirectly or through an affiliate, that holds a restaurant or a dispenser's license and a small brewer and winegrower limited wholesaler's license issued pursuant to the Liquor Control Act;
D. sell or possess for the purpose of sale any alcoholic beverages at any location or place except its licensed premises or the location permitted pursuant to the provisions of Section 60-6A-12 NMSA 1978;
E. employ or engage a person to sell, serve or dispense alcoholic beverages if the person has not received alcohol server training within thirty days of employment; or
F. employ or engage a person to sell, serve, deliver or dispense alcoholic beverages during a period when the server permit of that person is suspended or revoked.
History:
Laws 1981, ch. 39, § 78; 1991, ch. 5, § 2; 1999, ch. 277, § 14; 2000, ch. 46, § 2; 2015, ch. 113, § 1; 2021, ch. 7, § 27.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, provided that it is a violation of the Liquor Control Act for any dispenser, canopy licensee, restaurant licensee, governmental licensee or its lessee or club to deliver alcoholic beverages during a period when the server permit of that person is suspended or revoked; and in Subsection F, after "serve", added "deliver".
The 2015 amendment,
effective July 1, 2015, allowed small brewers and winegrowers licensed pursuant to the Domestic Winery, Small Brewery and Craft Distillery Act to hold a restaurant or dispenser's license and a small brewer and winegrower limited wholesaler's license; in Subsection A, after "reselling the", deleted "same" and added "alcoholic beverages", and after "from any person", deleted "other than one", and added "unless the person is"; in Subsection B, after "bottle", deleted "any"; and after "consumption on", deleted "his" and added "its"; in Subsection C, after "indirectly or through", deleted "any", after "interest in", deleted "any" and added "a", and after "shall not prevent", designated the remainder of Subsection C as Paragraph (1) of Subsection C; in Paragraph (1) of Subsection C, after "an interest in", deleted "any" and added "a", and after "NMSA 1978", added "or"; added Paragraph (2) of Subsection C; and in Subsection D, after "location or place except", deleted "his" and added "its".
The 2000 amendment,
effective March 6, 2000, substituted "received alcohol server training within thirty days of employment" for "been issued a server permit" in Subsection E.
The 1999 amendment,
effective July 1, 1999, added Subsections E and F.
The 1991 amendment,
effective June 14, 1991, rewrote Subsection C, which read "do any of the things which a retailer is prohibited from doing pursuant to Subsection F of Section 77 of the Liquor Control Act", and made a stylistic change in Subsection D.
Dram-shop statutes within province of legislature.
— Whether legislation in the nature of the so-called dram-shop or civil damage statutes should be included as a part of New Mexico's liquor control acts is within the province of the legislature.
Hall v. Budagher
, 1966-NMSC-152, 76 N.M. 591, 417 P.2d 71,
rev'd on other grounds
,
Lopez v. Maez
, 1982-NMSC-103, 98 N.M. 625, 651 P.2d 1269.
Intent to sell required for offense.
— When there is no intent or attempt to sell alcoholic liquors directly from an off-premises storage location, there is no offense. 1980 Op. Att'y Gen. No. 80-34.
Section does not prohibit storage of alcoholic liquors at unlicensed location.
1980 Op. Att'y Gen. No. 80-34.
"Possess for the purpose of sale"
is intended to cover the situation where if there is no actual sale, there could be one. 1980 Op. Att'y Gen. No. 80-34.