2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 7A - Offenses › Section 60-7A-1 - Hours and days of business.

A. Provided that nothing in this section shall prohibit the consumption at any time of alcoholic beverages in guest rooms of hotels, alcoholic beverages shall be sold, served and consumed on licensed premises only from 7:00 a.m. until 2:00 a.m. on the following day.
B. Except as provided in Subsection C of this section, alcoholic beverages may be sold by a dispenser or a retailer in unbroken packages, for consumption off the licensed premises and not for resale from 7:00 a.m. until midnight.
C. The governing body of a local option district that is a class B county with a population greater than seventy thousand and less than seventy-six thousand according to the most recent federal decennial census or that is a municipality located within a class B county with a population greater than seventy thousand and less than seventy-six thousand according to the most recent federal decennial census may pass an ordinance to place restrictions, in addition to those provided in this section, on the hours during which a dispenser or retailer may sell alcoholic beverages in unbroken packages for consumption off the licensed premises and not for resale. The ordinance may restrict sales between 7:00 a.m. and 10:00 a.m. and shall provide the hours between 7:00 a.m. and 10:00 a.m., if any, during which a dispenser or retailer may sell alcoholic beverages in unbroken packages for consumption off the licensed premises and not for resale.
History:
Laws 1981, ch. 39, § 47; 1984, ch. 58, § 6; 1987, ch. 321, § 1; 1989, ch. 331, § 1; 1989, ch. 332, § 1; 1991, ch. 255, § 1; 1992, ch. 14, § 2; 1993, ch. 68, § 14; 1995, ch. 34, § 1; 1998 (1st S.S.), ch. 16, § 2; 1999, ch. 101, § 1; 2002, ch. 104, § 1; 2013, ch. 209, § 1; 2017, ch. 9, § 1; 2017, ch. 49, § 1; 2018, ch. 79, § 99; 2019, ch. 212, § 237; 2021, ch. 7, § 25.
ANNOTATIONS
Cross references.
— For definitions of director and local option district,
see
60-3A-3 NMSA 1978.
The 2021 amendment,
effective July 1, 2021, clarified the hours that alcoholic beverages may be sold; in the section heading, after "Hours and days of business", deleted "Sunday sale; Christmas day sales for consumption off the licensed premises; elections"; in Subsection A, after "premises only" deleted "during the following hours and days", and deleted former Paragraphs A(1) through A(3); in Subsection B, after "resale", deleted "only on Mondays through Saturdays", and after "midnight", deleted "except as provided in Subsections E and G of this section"; and deleted former Subsections D through K.
The 2019 amendment,
effective April 3, 2019, provided additional criteria for having subsequent election on the question of whether a local option district shall adopt the local option provisions of the Liquor Control Act after a majority of voters in the local option district voted "no" on the question in a previous election, and revised the special election procedures on the question of allowing the sale service or consumption of alcoholic beverages by the drink on licensed premises from noon until 10:00 p.m. on Christmas day; in Subsection F, deleted former paragraph designation "(1)" and added new Paragraph F(1); in Subsection G, after "the governing body shall", added "pass a resolution calling for the question to be placed on a regular election ballot or", after "Christmas day", added "to be placed before the voters in a special local election. The election may also be initiated by a resolution adopted by the governing body of the local option district without a petition from qualified electors having been submitted", after "The election", deleted "may" and added "shall", after "held", deleted "in conjunction with a regular election of the governing body or a regular local or special election held", and after "Local Election Act.", deleted "The election shall be called, conducted, counted and canvassed in substantially the same manner as provided for general elections in the county under the Election Code or for special elections in a municipality under the Local Election Act."; and in Subsection J, after "the governing body shall", deleted "adopt a resolution calling an election on the question" and added "pass a resolution calling for the question to be placed on a regular election ballot or adopt a proclamation calling for the question to be placed before the voters in a special election on the question. The election may also be initiated by a resolution adopted by the governing body of the local option district without a petition from qualified electors having been submitted", after "shall be held within", deleted "sixty" and added "ninety", after "the petition is verified", deleted "or it may be held in conjunction with a regular election of the governing body, if the regular election occurs within sixty days of the petition verification. The election shall be called, conducted, counted and canvassed substantially in the manner provided by law for general elections within a county or for special elections within a municipality", and after "Local Election Act", added "provided that the date of the election is not in conflict with the provisions of Section 1-24-1 NMSA 1978".
The 2018 amendment,
effective July 1, 2018, provided that elections on the question of allowing the sale, service or consumption of alcoholic beverages by the drink on licensed premises from noon until 10:00 p.m. on Christmas day may be held in conjunction with a regular election or a special election held pursuant to the Local Election Act and shall be called, conducted, counted and canvassed in substantially the same manner as provided for general elections in the county under the Election Code or for special elections in a municipality under the Local Election Act, provided that elections on the question of continuing to allow sales of alcoholic beverages in unbroken pages for consumption off the licensed premises on Sundays shall be called, conducted, counted and canvassed substantially in the manner provided by law for general elections within a county or for special elections within a municipality pursuant to the Local Election Act, and made technical and conforming changes; in Subsection G, after "on Christmas day. The election", deleted "shall be held within sixty days after the date the petition is verified, or it", after "regular election of the governing body", deleted "if that election occurs within sixty days of such verification" and added "or a regular local or special election held pursuant to the Local Election Act", after "Election Code or for special", deleted "municipal", and after "under the", deleted "Municipal Election Code" and added "Local Election Act"; and in Subsection J, after "county or for special", deleted "municipal", and after "within a municipality", added "pursuant to the Local Election Act".
Temporary provisions.
— Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.
2017 Amendments.
— Laws 2017, ch. 49, § 1, effective June 16, 2017, provided for Sunday sales of alcoholic beverages when December 31 falls on a Sunday, from 11:00 a.m. until 2:00 a.m. of the following day; and in Subsection C, after "Sunday sales permit", added "and in those years when December 31 falls on a Sunday, from 11:00 a.m. until 2:00 a.m. of the following day".
Laws 2017, ch. 9, § 1, effective July 1, 2017, provided for certain local option districts to pass an ordinance to restrict the hours of sale of alcoholic beverages for consumption off a licensed premises, and provided dispensers and retailers the option of selling alcoholic beverages in for consumption off the licensed premises only on Mondays through Saturdays from 7:00 a.m. until midnight, except as provided by the restrictions of the local option district ordinance; in the catchline, after "Christmas day sales", deleted "Sunday"; in Subsection A, Paragraph A(2), after "Subsections", changed "D and F" to "E and G", and in Paragraph A(3), after "Subsections", changed "C and E" to "D and F"; in Subsection B, added "Except as provided in Subsection C of this section", after "alcoholic beverages", deleted "shall" and added "may", after "resale", added "only", and after "Subsections", changed "D and F" to "E and G"; and added a new Subsection C and redesignated the succeeding subsections accordingly.
The 2013 amendment,
effective June 14, 2013, increased the hours of consumption of alcoholic beverages on Sunday; in Subsection A, in the introductory sentence, added "Provided that nothing in this section shall prohibit the consumption at any time of alcoholic beverages in guest rooms of hotels"; in Paragraph (2) of Subsection A, after "on", deleted "other weekdays" and added "Tuesdays through Saturdays"; in Paragraph (3) of Subsection A, after "Section 60-7A-2 NMSA 1978", deleted "provided, however, that nothing in this section shall prohibit the consumption at any time of alcoholic beverages in guest rooms of hotels"; in Subsection B, after "7:00 a.m. until", deleted "12:00 a.m. on the following day" and added "midnight"; in Subsection C, in the first sentence, after "premises on Sundays", deleted "from 12:00 noon until midnight and in those years when December 31 falls on a Sunday from 12:00 noon until 2:00 a.m. of the following day, except as otherwise provided in Subsection E of this section" and added the remainder of the sentence, added the second sentence, and in the third sentence, after "The", added "Sunday sales"; in Subsection G, after "Indian", added "nation" in two places and after "boundaries of the", added "Indian nation" in two places; and in Subsection H, in the first sentence, after "licensed premises on Sundays from" deleted "12:00" and after "Sunday, from", deleted "12:00".
The 2002 amendment,
effective July 1, 2002, inserted "and Section 60-7A-2 NMSA 1978" in Subsection A(3); rewrote Subsection E, removing reference to the 1984 general election; in Subsection F, substituted "2002" for "1989" and inserted the proviso in the first sentence, and substituted "alcoholic beverages by the drink" for "beer and wine with meals" throughout the subsection; and added Subsection J.
The 1999 amendment,
effective July 1, 1999, deleted Subsection D, which related to limitations on the sale of alcoholic beverages during voting hours on election days; redesignated the subsequent subsections accordingly; and updated subsection references.
The 1998 amendment
deleted former Subsection G, relating to local elections on the question of drive-up liquor sales, redesignated the subsequent subsections accordingly, substituted "Sunday package sales" for "Sunday sales" in three places in Subsection J, and corrected internal references and made minor stylistic changes throughout the section. 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 1995 amendment,
effective July 1, 1995, inserted "Sunday sales for consumption off the licensed premises" in the section heading, substituted "Subsection F" for "Subsection E" near the beginning of Subsection I, and added Subsections J and K.
The 1993 amendment,
effective July 1, 1993, substituted "and consumed" for "delivered or consumed" in the introductory paragraph of Subsection A; substituted "Subsections D, E and H" for "Subsections C and F" in Paragraph (2) of Subsection A; substituted "Subsections C and F" for "Subsections B and F" in Paragraph (3) of Subsection A; added current Subsection B; redesignated former Subsections B to H as Subsections C to I; substituted "Subsections F and I" and "Subsection F" for "Subsections E and H" and "Subsection C" in the first sentence of Subsection C; and inserted "or Subsection I of this section" in the last sentence of Subsection C.
The 1992 amendment,
effective March 3, 1992, substituted "Christmas day sales; elections" for "election" in the section catchline; substituted "Subsections E and H" for "Subsection E" in the first sentence of Subsection B; inserted "that were replaced by dispenser's licensees pursuant to Section 60-6B-16 NMSA 1978" in Subsection D and added "except as provided pursuant to Subsection G of this section" at the end of that subsection; deleted "of 1981" following "Liquor Control Act" in the third sentence of Subsection E; and added Subsections G and H.
The 1991 amendment,
effective June 14, 1991, substituted "April 7, 1989" for "the effective date of this act" in Paragraph (1) in Subsection F and, in the last paragraph in Subsection F, substituted "1985 and 1986" for "1984 through 1986" and made a minor stylistic change.
Constitutionality.
— Section 60-7A-1F NMSA 1978 is not prohibited special legislation; does not create a classification in violation of equal protection; and does not violate the constitution because the subject of the law is not set forth in its title.
Thompson v. Mckinley Cnty.
, 1991-NMSC-076, 112 N.M. 425, 816 P.2d 494.
Duty of care.
— Defendants, who sold alcohol to an Indian casino knowing that the casino planned to sell alcohol continuously over a twenty-four-hour period, did not owe a duty to plaintiffs, who were injured as a result of an accident caused by a drunk driver who was served alcohol while intoxicated at the casino.
Chavez v. Desert Eagle Distrib. Co. of N.M.
, 2007-NMCA-018, 141 N.M. 116, 151 P.3d 77,
overruled by
Rodriguez v. Del Sol Shopping Ctr. Assoc.
, 2014-NMSC-014.
Constitutionality.
— This section is a proper exercise of legislative power and does not violate equal protection of the laws, under U.S. Const., amend. XIV, § 1 and N.M. Const., art. II, § 18, nor the prohibitions of the furtherance and establishment of religion clause of U.S. Const., amend. I and N.M. Const., art. II, § 11.
Pruey v. Dep't of ABC
, 1986-NMSC-018, 104 N.M. 10, 715 P.2d 458.
Sale of liquor on Sunday is grounds for revocation of dispenser's license.
Kearns v. Aragon
, 1959-NMSC-102, 65 N.M. 119, 333 P.2d 607 (decided under former law).
Election on Sunday sales mandatory.
— Because of the express authorization for the continuation of Sunday sales as permitted under any former law until the question is reconsidered at the next general election, it is clear that the legislature fully intended that such reconsideration take place. The election on Sunday sales shall thus be a mandatory one. 1981 Op. Att'y Gen. No. 81-09.
A governmental licensee may engage in Sunday sales of alcoholic beverages.
1987 Op. Att'y Gen. No. 87-28.
Vineyard owners who have a "grower's permit"
are not prohibited from selling wine by the bottle on Sunday in those local option districts that permit Sunday liquor sales. 1988 Op. Att'y Gen. No. 88-04.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 336.
Validity, construction, and effect of "Sunday closing" or "blue" laws - modern status, 10 A.L.R.4th 246.
Validity, under federal and state establishment of religion provisions, of prohibition of sale of intoxicating liquors on specific religious holidays, 27 A.L.R.4th 1155.
48 C.J.S. Intoxicating Liquors § 256.