reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-26 - Wine exporter's license.

A wine exporter's license authorizes the person to whom it is issued, and under regulations prescribed by the director, to sell, deliver or consign wine or brandy manufactured or produced within this state for delivery, use or sale without the state.
History:
1978 Comp., § 60-6A-26, enacted by Laws 1983, ch. 280, § 7.
ANNOTATIONS
Cross references.
— For definition of "director," see 60-3A-3G NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-26.2 - Beer bottler's license.

A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], before he bottles beer for a person holding a small brewer's license, shall procure from the department a beer bottler's license.
B. A beer bottler's license authorizes the person to whom it has been issued to do the following:
(1) bottle beer for the holder of a small brewer's license;
(2) hold or store beer in bulk that was produced by a small brewer until it is bottled; and
(3) hold or store beer that he has bottled on his premises.
C. A beer bottler's license shall not authorize the person to whom it has been issued to sell, serve, deliver or allow consumption of beer in unopened packages or by the drink at wholesale or retail on his licensed premises.
History:
Laws 1993, ch. 68, § 10.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-27 - License fees.

Every application for the issuance or annual renewal of the following licenses and permits shall be accompanied by a license fee or permit fee in the following specified amounts:
A. brandy manufacturer's license, seven hundred fifty dollars ($750);
B. small brewer's license, seven hundred fifty dollars ($750);
C. wine blender's license, seven hundred fifty dollars ($750);
D. wine exporter's license, five hundred dollars ($500);
E. small brewer's public celebrations permit, ten dollars ($10.00) for each public celebration;
F. small brewer's off-premises permit, two hundred dollars ($200) for each off-premises location;
G. craft distiller's license, seven hundred fifty dollars ($750); and
H. craft distiller's off-premises permit, two hundred dollars ($200) for each off-premises location.
History:
1978 Comp., § 60-6A-27, enacted by Laws 1983, ch. 280, § 8; 1985, ch. 217, § 6; 1997, ch. 229, § 2; 1998, ch. 109, § 5; 1998, ch. 111, § 2; 2011, ch. 110, § 4.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, added a craft distiller's license fee and a craft distiller's off-premises license fee.
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.
The 1998 amendments.
— Laws 1998, ch. 109, § 5, deleted former Subsections C, F and G, and redesignated former Subsections D, E and H as Subsections C, D and E, effective July 1, 1998. However, Laws 1998, ch. 111, § 2, also amending this section by making minor stylistic changes and adding Subsection I, but not giving effect to the changes made by the first 1998 amendment, was approved March 10, 1998. This section is set out as amended by Laws 1998, ch. 111, § 2. See 12-1-8 NMSA 1978.
The 1997 amendment,
effective April 11, 1997, added Subsections H and I, and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-28 - Nonresident licenses.

Notwithstanding the provisions of Sections 60-6B-1 and 60-6B-2 NMSA 1978, a person not a citizen of the United States may apply for and be granted, subject to other qualifications required by the Liquor Control Act [60-3A-1 NMSA 1978], any license established by the provisions of the Domestic Winery and Small Brewery Act [60-6A-21 to 60-6A-28 NMSA 1978]; provided that the director of the department of alcoholic beverage control, in qualifying such licensees, may investigate the applicant's background by contacting the appropriate state or foreign governmental agencies, including police and international police organizations, and may require the furnishing of such documentation as necessary to determine the applicant's qualifications under the Liquor Control Act.
History:
1978 Comp., § 60-6A-28, enacted by Laws 1983, ch. 280, § 9; 1985, ch. 217, § 7.
ANNOTATIONS
Cross references.
— For definition of "director," see 60-3A-3G NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-29 - Wine wholesaler's license.

A. In any local option district, a winegrower licensed under the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a license as a wine wholesaler of wines produced by or for New Mexico winegrowers.
B. No wine wholesaler shall sell, offer for sale or ship wine not received at and shipped from the premises specified in the wine wholesaler's license.
C. No wine wholesaler shall sell or offer for sale wine to any person other than the holder of a New Mexico wine wholesaler's, wholesaler's, retailer's, dispenser's, canopy, restaurant or club license or a governmental licensee or its lessee.
D. Nothing contained in this section shall prevent the sale, transportation or shipment of wine by a wine wholesaler to any person outside the state when shipped under permit from the department.
History:
Laws 1988, ch. 60, § 1; 1998, ch. 109, § 6.
ANNOTATIONS
The 1998 amendment,
effective July 1, 1998, in Subsection A, deleted "or winer" preceding "a winegrower" near the beginning and inserted "or for" near the end, and deleted "or winers" preceding "New Mexico winegrowers".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-30 - Posting of warnings.

Any licensee holding a license pursuant to Sections 60-6A-2 through 60-6A-5 NMSA 1978 or Section 60-6B-16 NMSA 1978 shall post in a conspicuous place a sign in both English and Spanish that reads as follows:
"Warning: Drinking alcoholic beverages during pregnancy can cause birth defects."
The director shall prescribe the form of such warning and shall make warning signs available to all such license holders.
History:
Laws 1991, ch. 68, § 1.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-31 - State fair; golf courses; ski areas; alcoholic beverage sales restrictions.

Sales, service, delivery or consumption of alcoholic beverages shall be permitted on the grounds of the state fair, on the grounds of golf courses, on the grounds of ski areas and on the grounds and in the vineyards of a winery only on the licensed premises in controlled access areas of the state fair, golf courses, ski areas and wineries, the designation of which has been negotiated as part of the license application or renewal process.
History:
Laws 1993, ch. 68, § 37; 1999, ch. 64, § 2; 2009, ch. 139, § 2; 2016, ch. 76, § 2.
ANNOTATIONS
Cross references.
— For service of alcohol at state fair, see 16-6-4 NMSA 1978.
The 2016 amendment,
effective May 18, 2016, allowed the sale, service, delivery or consumption of alcoholic beverages on the grounds of ski areas; in the catchline, after "golf courses", added "ski areas"; after the first occurrence of "golf courses", added "on the grounds of ski areas", and after the second occurrence of "golf courses", added "ski areas".
The 2009 amendment,
effective June 19, 2009, after the first occurrence of "golf courses", added "and on the grounds and in the vineyards of a winery", and after the second occurrence added "and wineries".
The 1999 amendment,
effective July 1, 1999, inserted "golf courses" in the section heading, inserted "and on the grounds of golf courses", and inserted "of the state fair and golf courses".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-32 - Interstate wine tastings; competitions; permits.

A. Exempt from the procurement of any other license or permit issued pursuant to the terms of the Liquor Control Act [60-3A-1 NMSA 1978], but not exempt from the procurement of a competition permit, is a winemaker or winery licensed outside of New Mexico that desires to participate in a regional wine, cider, beer or spirituous liquor tasting or competition within New Mexico. One permit shall be issued by the director to an out-of-state winemaker or winery for the duration of the wine tasting or competition.
B. A person issued a competition permit pursuant to this section may do any of the following:
(1) bring no more than twenty-five cases of wine into New Mexico after indicating on the permit application the number of cases to be brought into the state;
(2) participate in the regional competition and wine tastings associated with the competition for which the competition permit is issued;
(3) participate in the regional wine tasting for which the competition permit is issued; and
(4) at a wine tasting for which the person is issued the permit, conduct tasting of wine and sell by the glass or bottle or in unbroken packages for consumption off the wine-tasting premises but not for resale, wine brought into the state by the person for the wine tasting or competition.
C. Every application for the issuance of a competition permit shall be on a form prescribed by the director and accompanied by a permit fee of twenty-five dollars ($25.00).
D. As used in this section:
(1) "competition" means an event at which a jury of wine tasters compares the quality of the wines entered for judging and at which prizes are offered for the wines judged to be of the best quality;
(2) "regional competition" means a competition at which the wines to be judged are from more than one state or country;
(3) "regional wine tasting" means a wine tasting at which the wines offered for tasting are from more than one state or country;
(4) "winemaker" means a person who manufactures or produces wine;
(5) "winery" means an establishment at which wine is manufactured or produced and that is licensed for that purpose by the state or country in which it is located; and
(6) "wine tasting" means an event at which wines are offered for tasting but not necessarily for sale and not for comparison for the purpose of awarding prizes to the wines of the best quality.
History:
Laws 1998, ch. 109, § 7; 2021, ch. 7, § 15.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, allowed out-of-state wineries to participate in beer, cider, or spiritous liquor tastings or competitions within New Mexico; and in Subsection A, after "regional wine", added "cider, beer or spiritous liquor".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-33 - Tasting permit; fees.

A. The director is authorized to issue a tasting permit to a licensed dispenser, retailer, resident manufacturer, nonresident manufacturer, wholesaler or winegrower or an agent of any such licensed entity to conduct tastings of wine, beer, cider or spirituous liquor on a licensed premises in accordance with rules promulgated by the director to protect public health and safety. A person serving wine, beer, cider or spirituous liquor at a tasting event permitted pursuant to this section shall have a server permit.
B. To apply for a tasting permit, the holder of a license described in Subsection A of this section shall submit to the department a tasting permit fee of one hundred dollars ($100) and such information as the director may require. A tasting permit shall be valid for one year from the date that it is issued and may be renewed upon application to the department and payment of the tasting permit fee of one hundred dollars ($100). A person permitted to hold tastings pursuant to this section shall notify the director no less than forty-eight hours before a tasting event of the person's intent to hold the event. Notification shall include the times and locations of, and the types of products to be included in, the tasting event. Upon receipt of notification, the director shall forward the notice to the appropriate staff member of the special investigations division [New Mexico state police division] of the department of public safety.
C. The director may impose the following administrative penalties on a person who holds a tasting permit for violations of the Liquor Control Act that occur during tastings conducted pursuant to the person's tasting permit:
(1) for a first violation, a fine no greater than one thousand dollars ($1,000) or a restriction on issuance of tasting permits to the person for a period of two months, or both;
(2) for a second violation within a year of the first violation, a fine no greater than two thousand dollars ($2,000) or a restriction on issuance of tasting permits to the person for a period of six months, or both; and
(3) for a third violation within a year of the first violation, a citation against the license held by the person, a fine no greater than five thousand dollars ($5,000) and a restriction on issuance of tasting permits to the person for a period of one year.
History:
Laws 2013, ch. 148, § 1; 2015, ch. 77, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2015, ch. 3, § 43 provided that all references in law to the special investigations division of the department of public safety shall be deemed to refer to the New Mexico state police division of the department of public safety
The 2015 amendment,
effective July 1, 2015, provided for administrative penalties for violations of the Liquor Control Act by persons who hold tasting permits; and added Subsection C.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-34 - Special bed and breakfast dispensing license; fees; limitations.

A. The director is authorized to issue a special bed and breakfast dispensing license to an owner or operator of a bed and breakfast in accordance with rules promulgated by the director to protect public health and safety. The license shall be limited to the serving of wine and beer in conjunction with food to the guests of the bed and breakfast.
B. A bed and breakfast establishment may apply for a special bed and breakfast dispensing license by submitting to the department a fee of one hundred dollars ($100) and such information as the director may require. A license shall be valid for one year from the date that it is issued and may be renewed for a fee of one hundred dollars ($100). The license shall allow the owner, operator or employee of a bed and breakfast who holds a server permit to dispense only wine or beer only to guests of the bed and breakfast in conjunction with the serving of food in a common area of the bed and breakfast.
C. The issuance of a bed and breakfast license for beer and wine service shall be contingent on the approval of the local public governing body or local option district of the jurisdiction in which the business is domiciled.
D. Service of beer or wine with food to guests at a bed and breakfast shall be limited to two twelve-ounce servings of beer or two six-ounce servings of wine per guest.
E. A special bed and breakfast dispensing license shall not be transferable from person to person or from one location to another.
F. An owner, operator or employee of a bed and breakfast who holds a server permit shall comply with the provisions of the Alcohol Server Education Article of the Liquor Control Act [Chapter 60, Article 6E NMSA 1978].
G. For the purposes of this section, "bed and breakfast" means a business establishment that offers temporary lodging with meals included and has a guest capacity of twenty or fewer persons.
History:
Laws 2013, ch. 150, § 1 and Laws 2013, ch. 159, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 150, § 1 and Laws 2013, ch. 159, § 1 enacted identical new sections, both effective July 1, 2013. The section was set out as enacted by Laws 2013, ch. 159, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-35 - Small brewer and winegrower limited wholesaler's license.

In any local option district, a small brewer or a winegrower that is licensed pursuant to the Domestic Winery, Small Brewery and Craft Distillery Act and that also holds a restaurant license or a dispenser's license may apply for and be issued a small brewer and winegrower limited wholesaler's license. A small brewer that holds a small brewer and winegrower limited wholesaler's license shall only sell, offer for sale or ship beer manufactured by the small brewer. A winegrower that holds a small brewer and winegrower limited wholesaler's license shall only sell, offer for sale or ship wine manufactured by the winegrower.
History:
Laws 2015, ch. 113, § 2.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 113, § 3 made Laws 2015, ch. 113, § 2 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-36 - Redeemable coupons prohibited.

A. A nonretail licensee shall not offer, fund, produce, sponsor, promote, furnish or redeem any type of coupon or scanback.
B. For purposes of this section:
(1) "coupon" means an instantly redeemable coupon issued to a retailer by a manufacturer, importer or wholesaler allowing a specified amount of money to be deducted from the normal price of the particular alcoholic malt beverage product purchased at retail by a consumer during a promotional period;
(2) "licensee" means a person issued a license pursuant to the Liquor Control Act;
(3) "nonretail licensee" means a manufacturer, importer or wholesaler licensee; and
(4) "scanback" means a reimbursement payment made to a retailer by a manufacturer, importer or wholesaler based on how many units of the particular alcoholic malt beverage products were sold during a promotional period.
History:
Laws 2018, ch. 45, § 1.
ANNOTATIONS
Effective date.
— Laws 2018, ch. 45, § 2, made Laws 2018, ch. 45, § 1 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6A - State Licenses › Section 60-6A-38 - Study effects of delivery of alcohol.

Five years after the enactment of the law, the department of health shall conduct a study of impacts of the delivery of alcohol, evaluating consumption trends and public safety impacts of the delivery of alcohol.
History:
Laws 2021, ch. 7, § 35.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 7, § 37 made Laws 2021, ch. 7, § 35 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6B - License Provisions › Section 60-6B-1.1 - Repealed.

History:
1978 Comp., § 60-6B-1.1, enacted by Laws 1989, ch. 292, § 2; repealed by Laws 2021, ch. 7, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 7, § 36 repealed 60-6B-1.1 NMSA 1978, as enacted by Laws 1989, ch. 292, § 2, relating to licenses held by noncitizens, 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 6B - License Provisions › Section 60-6B-6 - Corporate licensees; limited partnership licensees; reporting.

A. A corporation that holds a license issued under the Liquor Control Act [60-3A-1 NMSA 1978] shall notify the director within thirty days after the occurrence of any change in the officers, directors or holders of more than ten percent of the voting stock of the corporation, giving the names and addresses of the new officers, directors or stockholders. A corporate licensee shall also notify the director immediately of a change of agent by filing a new power of attorney. The director shall by regulation define what corporate changes, including but not limited to transfer of stock, merger and consolidation, constitute transfers of ownership of corporate licenses and shall, upon making such a determination, order appropriate compliance with the Liquor Control Act, provided that a transfer of ownership of a corporate license shall not be deemed to occur where ultimate ownership of the corporation does not change.
B. A limited partnership that holds a license issued under the Liquor Control Act shall notify the director within thirty days after the occurrence of any change of general partners or of limited partners contributing ten percent or more of the total value of contributions made to the limited partnership or entitled to ten percent or more of the profits earned or other compensation by way of income paid by the limited partnership. The director shall by regulation define what limited partnership changes constitute transfers of ownership of limited partnership licenses and shall, upon making such determination, order appropriate compliance with the Liquor Control Act, provided that a transfer of ownership of a licensee that is a limited partnership shall not be deemed to occur where ultimate ownership of the limited partnership does not change.
C. A legal entity that is not a corporation or limited partnership and that holds a license issued under the Liquor Control Act shall notify the director within thirty days after the occurrence of any change in the trustees, partners, owners or members of more than a ten percent interest in the entity, giving the names and addresses of the new trustees, partners or owners. The director shall by regulation define what entity changes constitute a transfer of ownership of such entity's license and shall, upon making such determination, order appropriate compliance with the Liquor Control Act, provided that a transfer of ownership of a licensee shall not be deemed to occur where there is no change in the ultimate ownership of the legal entity.
History:
Laws 1981, ch. 39, § 42; 1984, ch. 58, § 3; 2007, ch. 220, § 2.
ANNOTATIONS
Cross references.
— For definition of "director",
see
60-3A-3G NMSA 1978.
The 2007 amendment,
effective June 15, 2007, provided in Subsections A, B and C that a transfer of ownership of a license shall not be deemed to occur where the ownership of the corporation, limited partnership or the ultimate ownership of the legal entity does not change.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6B - License Provisions › Section 60-6B-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 257, § 5 repeals 60-6B-8 NMSA 1978, as enacted by Laws 1981, ch. 39, § 44, relating to death of licensee or dissolution or termination of the licensed business, effective June 14, 1991.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6B - License Provisions › Section 60-6B-9 - Discontinuance of business or death of licensee; judicial sales.

A. If a retailer, dispenser, canopy licensee, restaurant licensee, club licensee or governmental licensee or its lessee discontinues business for any reason or the licensee dies, the stock of alcoholic beverages owned at the time of the discontinuation of business or the death of the licensee may be sold in whole or in part to any other retailer, dispenser, canopy licensee, restaurant licensee, club licensee or governmental licensee or its lessee or to a New Mexico wholesaler without the seller incurring criminal or civil liability under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978].
B. If the stock of alcoholic beverages is sold under execution or attachment or by order of a court, the stock shall be sold only to other New Mexico retailers, dispensers, canopy licensees, restaurant licensees, club licensees, governmental licensees or their lessees or to a New Mexico wholesaler.
History:
Laws 1981, ch. 39, § 75.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 115.
48 C.J.S. Intoxicating Liquors § 115.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6B - License Provisions › Section 60-6B-11 - Repealed.

History:
Laws 1981, ch. 39, § 46; repealed by Laws 2021, ch. 7, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 7, § 36 repealed 60-6B-11 NMSA 1978, as enacted by Laws 1981, ch. 39, § 46, relating to locations near military installations, restrictions on licensing, 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 6B - License Provisions › Section 60-6B-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 55, § 2 repeals 60-6B-13 NMSA 1978, as enacted by Laws 1981, ch. 39, § 115, relating to prohibited acquisitions, effective April 8, 1997.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6B - License Provisions › Section 60-6B-14 - Canopy license definition.

As used in the Liquor Control Act [60-3A-1 NMSA 1978], "canopy license" means a license which was initially issued prior to January 1, 1988 pursuant to Laws 1981, Chapter 39, Section 117 and which permits the licensee to dispense alcoholic beverages in the same manner as permitted by a dispenser's license, subject to the provisions of Section 60-6B-16 NMSA 1978.
History:
1978 Comp., § 60-6B-14, enacted by Laws 1988, ch. 12, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1988, ch. 12, § 2, repeals former 60-6B-14 NMSA 1978, as enacted by Laws 1981, ch. 39, § 116, and enacts the above section, effective May 18, 1988.
Compiler's notes.
— Laws 1981, Chapter 39, Section 117, referred to in this section, was codified as the prior version of 60-6B-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6B - License Provisions › Section 60-6B-15 - Repealed.

History:
1978 Comp., § 60-6B-15, enacted by Laws 1988, ch. 12, § 3; repealed by Laws 2021, ch. 7, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 7, § 36 repealed 60-6B-15 NMSA 1978, as enacted by Laws 1988, ch. 12, § 3, relating to purpose, 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 6B - License Provisions › Section 60-6B-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1988, ch. 12, § 5 repeals 60-6B-17 and 60-6B-18 NMSA 1978, as enacted by Laws 1981, ch. 39, §§ 119 and 120, relating to renewal of canopy license fees and to dispenser's or retailer's licenses which had co-users, effective May 18, 1988.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6B - License Provisions › Section 60-6B-19 - Retailers and dispensers; segregated sales; table wines excepted.

A. Except as provided in Subsection B of this section, the director shall by rule develop procedures for segregated alcohol sales by every retailer or dispenser who sells alcoholic beverages in unbroken packages for consumption and not for resale off the licensed premises and whose sales are less than sixty percent of their total sales, giving serious consideration to the potentially adverse impact of segregated sales on different sizes of the establishments of the retailer or dispenser. The rules shall include:
(1) a provision to allow segregated sales of beer or cider that is packaged in a growler;
(2) a procedure by which a retailer or dispenser may fill or refill a growler and allow the growler to be removed from the licensed premises after the growler is sealed with a tamper-proof seal and the customer's sales receipt is attached to the growler; and
(3) a requirement that a retailer or dispenser shall sterilize a growler provided by a customer before the growler is refilled and sealed.
B. There shall not be segregated sales of table wine by retailers or dispensers who sell alcoholic beverages in the manner described in Subsection A of this section.
C. For purposes of this section, "table wine" means wine containing fourteen percent or less alcohol by volume when bottled or packaged by the manufacturer, but may also include:
(1) wine that is sealed or capped by cork closure and aged two years or more;
(2) wine that contains more than fourteen percent alcohol by volume produced solely as a result of the natural fermentation process and not produced with the addition of wine spirits, brandy or alcohol; or
(3) vermouth and sherry.
History:
Laws 1993, ch. 68, § 36; 2003, ch. 376, § 1; 2016, ch. 73, § 2.
ANNOTATIONS
The 2016 amendment,
effective July 1, 2016, required the director of the alcohol and gaming division of the regulation and licensing department to develop procedures regarding the sale of beer and cider packaged in a growler; in Subsection A, after "director shall by", deleted "regulation" and added "rule", after "giving serious consideration", deleted "in the regulation process", after "the establishment of the retailer or dispenser", added "The rules shall include", and added new Paragraphs (1) through (3).
The 2003 amendment,
effective July 1, 2003, added "table wines excepted" to the section heading; in present Subsection A, added the subsection designation and inserted "Except as provided in Subsection B of this section" and added Subsections B and C.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6B - License Provisions › Section 60-6B-20 - Licensed production facilities; alternating proprietorship.

With the approval of the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and subject to the provisions of the Liquor Control Act, an alternating proprietorship may be established so that the manufacturing facilities and equipment of a person who holds:
A. a craft distiller's license may be used by another person who holds a craft distiller's license to manufacture or produce spiritous liquors;
B. a winegrower's license may be used by another person who holds a winegrower's license to manufacture or produce wine; and
C. a small brewer's license may be used by another person who holds a small brewer's license to manufacture or produce beer.
History:
Laws 2015, ch. 102, § 7.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 102, § 11 made Laws 2015, ch. 102, § 7 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6B - License Provisions › Section 60-6B-21 - Licensed retailer cooperatives.

A. A person who holds a retailer's license or a person who holds a dispenser's license and who is allowed to sell alcoholic beverages in unbroken packages that are for consumption off premises and are not for resale may form a cooperative with one or more other persons who hold a retailer's or dispenser's license for the purposes of the advertisement or purchase of alcoholic beverages for retail sale.
B. The director shall promulgate rules to implement the provisions of this section, including the form for cooperative agreements.
History:
Laws 2015, ch. 102, § 8.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 102, § 11 made Laws 2015, ch. 102, § 8 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6C - Suspension and Revocation of Licenses › Section 60-6C-2 - Hearings; location; open to public; hearing officer.

All hearings held pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] shall be conducted by the director or a hearing officer appointed by the director and shall be held in the county in which the licensed premises or the business of the person issued an alcoholic beverage delivery permit that is the subject matter of the hearing is located. All such hearings shall be open to the public.
History:
Laws 1981, ch. 39, § 98; 1987, c. 255, § 1; 1993, ch. 68, § 12; 2021, ch. 7, § 18.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, allowed public hearings to be held at the business of the person issued an alcoholic beverage delivery permit; and after "licensed premises", added "or the business of the person issued an alcoholic beverage delivery permit".
The 1993 amendment,
effective July 1, 1993, rewrote the first sentence.
Liquor control hearing officer presides only at hearings that result from formal charges
looking toward suspension or revocation of an existing license. Other hearings under the liquor laws, such as hearings on whether a new license should be issued in a given locality or whether an existing license should be transferred to a new location, need not be heard by a liquor control hearing officer, but can be heard by the chief of the division of liquor control (now director of alcohol and gaming division). 1963 Op. Att'y Gen. No. 63-103.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 206.
Right to hearing before revocation or suspension of liquor license, 35 A.L.R.2d 1067.
48 C.J.S. Intoxicating Liquors § 177.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6C - Suspension and Revocation of Licenses › Section 60-6C-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 68, § 57 repeals 60-6C-3 NMSA 1978, as enacted by Laws 1981, ch. 39, § 99, relating to the liquor control hearing officer effective June 18, 1993.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6C - Suspension and Revocation of Licenses › Section 60-6C-5 - Administration of oaths; production of documents; witnesses.

The director shall have the power to administer oaths and compel the attendance of witnesses and the production of documents, records and physical exhibits in any hearing held under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] by the issuance and service of subpoenas and subpoenas duces tecum. The hearing officer shall have authority to rule upon offers of proof and receive relevant evidence, take, allow or cause depositions to be taken, regulate the course of the hearing, hold conferences for the settlement or simplification of the issues by consent of the parties, dispose of procedural requests or similar matters and reopen the hearing for the taking of additional evidence at any time prior to the taking of an appeal.
History:
Laws 1981, ch. 39, § 101; 1993, ch. 329, § 5.
ANNOTATIONS
Cross references.
— For witnesses' fees, see 38-6-4 NMSA 1978.
For subpoena for production of documentary evidence, see Rule 1-045 NMRA.
The 1993 amendment,
effective June 18, 1993, substituted "director" for "liquor control hearing officer" in the first sentence and deleted the former second sentence, which read: "All witnesses subpoenaed shall be paid attendance fees and mileage in like amount and manner as if appearing in a criminal proceeding in a district court of this state."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 205.
48 C.J.S. Intoxicating Liquors § 177.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6C - Suspension and Revocation of Licenses › Section 60-6C-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 68, § 57 repeals 60-6C-7 NMSA 1978, as enacted by Laws 1981, ch. 39, § 103 relating to summary suspensions, effective June 18, 1993.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6C - Suspension and Revocation of Licenses › Section 60-6C-8 - Restriction on license after revocation.

If a license is revoked under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], the licensee shall not be issued or be the transferee of a license within two years of the date of the revocation.
History:
Laws 1981, ch. 39, § 104.
ANNOTATIONS
Effect of setting aside order on appeal.
— Where the liquor chief (now director of alcohol and gaming division) has suspended a liquor license, but the district court had set this order aside, the dealer was entitled to a renewal license subject to revocation or termination in case the district court's judgment should be reversed.
State v. Romero
, 1944-NMSC-054, 49 N.M. 127, 158 P.2d 850.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Intoxicating Liquors § 188.
Revocation of liquor license of one person as ground for refusal of license to another, 153 A.L.R. 836.
48 C.J.S. Intoxicating Liquors § 177.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6C - Suspension and Revocation of Licenses › Section 60-6C-9 - Compromising liability.

The director is authorized to compromise the penalty for any violations of the Liquor Control Act [60-3A-1 NMSA 1978] or of any department regulation or order when he deems it is in the best interest of the state.
History:
Laws 1981, ch. 39, § 105.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6D - Alcohol Server Education Article (Repealed.) › Section 60-6D-1 to 60-6D-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 277, § 15 repealed 60-6D-1 to 60-6D-8 NMSA 1978, as enacted by Laws 1993, ch. 68, §§ 28 to 35, relating to alcohol server education, effective July 1, 1999. For provisions of former sections,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
Laws 1999, ch. 277, §§ 2 through 13 enacted a new Alcohol Server Education Article of the Liquor Control Act and assigned those provisions as 60-6D-11 to 60-6D-22 NMSA 1978. Those sections were recompiled as 60-6E-1 to 60-6E-12 NMSA 1978 for clarity.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6E - Alcohol Server Education › Section 60-6E-1 - Article designation; alcohol server education.

Chapter 60, Article 6E NMSA 1978 may be cited as the "Alcohol Server Education Article of the Liquor Control Act".
History:
1978 Comp., § 60-6D-11, enacted by Laws 1999, ch. 277, § 2; recompiled as 1978 Comp., § 60-6E-1; 2013, ch. 213, § 1.
ANNOTATIONS
Recompilations.
— Laws 1999, ch. 277, §§ 2 through 13 enacted a new Alcohol Server Education Article of the Liquor Control Act and assigned those provisions as 60-6D-11 through 60-6D-22 NMSA 1978. These sections have been recompiled as 60-6E-1 through 60-6E-12 NMSA 1978 for clarity.
The 2013 amendment,
effective June 14, 2013, changed the NMSA article of the Alcohol Server Education Article of the Liquor Control Act; and after "Article", changed "6D" to "6E".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6E - Alcohol Server Education › Section 60-6E-2 - Purpose.

The purpose of Chapter 60, Article 6D [6E] NMSA 1978 is to:
A. enhance the professionalism of persons employed in the alcoholic beverage service industry;
B. establish a program for servers, licensees and their lessees that includes the study of:
(1) the effect alcohol has on the body and behavior, including the effect on a person's ability to operate a motor vehicle when intoxicated;
(2) state law concerning liquor licensure, liquor liability issues and driving under the influence of intoxicating liquor;
(3) methods of recognizing problem drinkers and techniques for intervening with problem drinkers;
(4) methods of identifying false drivers' licenses and other documents used as evidence of age and identity to prevent the sale of alcohol to minors; and
(5) prevention of fetal alcohol syndrome;
C. reduce the number of persons who drive while under the influence of intoxicating liquor and mitigate the physical and property damage caused by that behavior; and
D. reduce the frequency of alcohol-related birth defects.
History:
1978 Comp., § 60-6D-12, enacted by Laws 1999, ch. 277, § 3; recompiled as 1978 Comp., § 60-6E-2.
ANNOTATIONS
Bracketed material.
— The bracketed material in this section was inserted by the compiler. It was not enacted by the legislature and is not part of the law.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6E - Alcohol Server Education › Section 60-6E-3 - Definitions.

As used in the Alcohol Server Education Article [Chapter 60, Article 6E NMSA 1978] of the Liquor Control Act:
A. "director" means the director of the division;
B. "division" means the alcoholic beverage control division of the regulation and licensing department;
C. "licensee" means a person issued a license pursuant to the provisions of the Liquor Control Act to sell, serve or dispense alcoholic beverages for consumption and not for resale;
D. "program" means an alcohol server education course and examination approved by the director to be administered by providers;
E. "provider" means an individual, partnership, corporation, public or private school or any other legal entity certified by the director to provide a program;
F. "server" means an individual who sells, serves, or dispenses alcoholic beverages for consumption on or off licensed premises, including persons who manage, direct or control the sale or service of alcohol and when the context requires, includes a person who delivers alcoholic beverages. "Server" does not include officers of a corporate licensee or lessee who do not manage, direct or control the sale, delivery or service of alcohol; and
G. "server permit" means an authorization issued by the director for a person to be employed or engaged to sell, serve or dispense alcoholic beverages.
History:
1978 Comp., § 60-6D-13, enacted by Laws 1999, ch. 277, § 4; recompiled as 1978 Comp., § 60-6E-3; 2021, ch. 7, § 21.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, revised the definitions of "division" and "server" as used in the Alcohol Server Education article of the Liquor Control Act; in Subsection B, after "means the", changed "alcohol and gaming" to "alcoholic beverage control"; and in Subsection F, after "sale or service of alcohol", added "and when the context requires, includes a person who delivers alcoholic beverages", and after "control the sale", added "delivery".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6E - Alcohol Server Education › Section 60-6E-4 - Server training required; alcohol service or sales.

No person shall be employed as a server on a licensed premises unless that person obtains within thirty days of employment alcohol server training pursuant to the provisions of Chapter 60, Article 6E NMSA 1978.
History:
1978 Comp., § 60-6D-4, enacted by Laws 1999, ch. 277, § 5, recompiled as 1978 Comp., § 60-6E-4; Laws 2000, ch. 46, § 1.
ANNOTATIONS
The 2000 amendment,
effective March 6, 2000, substituted "training" for "permits" in the section heading, substituted "obtains within thirty days of employment alcohol server training" for "has obtained a server permit", and substituted "Article 6E" for "Article 6D."
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6E - Alcohol Server Education › Section 60-6E-5 - Programs required; approval by director; content of program; surety bond.

A. The director shall have the authority to approve programs offered by providers.
B. The program curriculum shall include the following subjects:
(1) the effect alcohol has on the body and behavior, including the effect on a person's ability to operate a motor vehicle when intoxicated;
(2) the effect alcohol has on a person when used in combination with legal or illegal drugs;
(3) state laws concerning liquor licensure, liquor liability issues and driving under the influence of intoxicating liquor;
(4) methods of recognizing problem drinkers and techniques for intervening with problem drinkers;
(5) methods of identifying false driver's licenses and other documents used as evidence of age and identity to prevent the sale of alcohol to minors; and
(6) the incidence of alcohol-related birth defects.
C. The director shall require each provider to post a surety bond in the amount of five thousand dollars ($5,000). The director may, in the director's discretion, allow a provider to submit other evidence of financial responsibility satisfactory to the director in lieu of posting a surety bond in the amount of five thousand dollars ($5,000).
History:
1978 Comp., § 60-6D-15, enacted by Laws 1999, ch. 277, § 6; recompiled as 1978 Comp., § 60-6E-5.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6E - Alcohol Server Education › Section 60-6E-6 - Repealed.

History:
1978 Comp., § 60-6D-16, enacted by Laws 1999, ch. 277, § 7; recompiled as 1978 Comp., § 60-6E-6; repealed by Laws 2021, ch. 7, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 7, § 36 repealed 60-6E-6 NMSA 1978, as enacted by Laws 1999, ch. 277, § 7, relating to server permits, failure to produce proof, 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 6E - Alcohol Server Education › Section 60-6E-7 - Server permits; issuance; ownership; fees.

A. The director shall issue a server permit to each applicant who obtains a certificate of program completion and provides such other information as may be required by the director. The director may, in the director's discretion, issue temporary server permits if circumstances warrant such issuance.
B. Server permits shall not be issued to graduates of programs that are not approved by the director.
C. A server permit is the property of the server to whom it is issued.
D. The director may charge a fee for the issuance of the server permit.
E. Server permits shall be valid for a period of three years from the date the server permit was issued.
F. A certificate of completion of an alcohol server education program issued pursuant to previous law shall remain valid until the date of its expiration.
History:
1978 Comp., § 60-6D-17, enacted by Laws 1999, ch. 277, § 8; recompiled as 1978 Comp., § 60-6E-7; 2013, ch. 213, § 2.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, increased the frequency for alcohol server training from every five years to every three years; and in Subsection E, after "for a period of", deleted "five" and added "three".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6E - Alcohol Server Education › Section 60-6E-9 - Alcohol server education; required for license renewal.

A licensee seeking renewal of a license shall submit to the division, as a condition of license renewal, proof that the licensee, the lessee, if any, and each server employed by the licensee or lessee during the prior licensing year have or had valid server permits at all times that alcoholic beverages were sold, served, delivered or dispensed.
History:
1978 Comp., § 60-6D-19, enacted by Laws 1999, ch. 277, § 10; recompiled as 1978 Comp., § 60-6E-9; 2021, ch. 7, § 23.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, added language to include that a licensee seeking renewal of a license show proof, as a condition of license renewal, that the licensee has or had a valid server permit at all times that alcoholic beverages were delivered; and after "served", added "delivered".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 6E - Alcohol Server Education › Section 60-6E-10 - Administrative proceedings; hearings.

A. Hearings for the suspension or revocation of any server's server permit or delivery permit or for imposing a fine on the server, or both, shall be conducted in accordance with the provisions of Sections 60-6C-2 through 60-6C-6 NMSA 1978.
B. The director may suspend or revoke a server permit or delivery permit or impose a fine on a server, or impose a combination of those penalties, only if the server violates the provisions of Section 60-7A-16 or 60-7B-1 NMSA 1978.
History:
1978 Comp., § 60-6D-20, enacted by Laws 1999, ch. 277, § 11; recompiled as 1978 Comp., § 60-6E-10; 2021, ch. 7, § 24.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, added language to include delivery permits in addition to server permits; and in Subsections A and B, after "server permit", added "or delivery permit".