reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department, Alcoholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to all licensees and applicants for
				  licensure under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  60-3A-10
				  NMSA 1978 of the act authorizes the director to make and adopt such rules as
				  necessary to carry out the duties of the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 25, 2017, unless a later date is cited at the end of a
				  section.
The words, or paragraph, above, are no longer applicable.
					 Later dates are now cited only at the end of sections, in the history notes
					 appearing in brackets.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to establish standards by which
				  licensees may sell and serve alcoholic beverages under the
				  act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 NMAC, terms used in
				  these rules have the same meanings as set forth in the act:
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.8 - SALES FROM LICENSED PREMISES ONLY

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees shall sell, offer to sell, and serve alcoholic
				  beverages for promotional or otherwise commercial purposes only from the
				  controlled access area of a licensed premises approved by the director,
				  including premises licensed through special event permits pursuant to 15.11.25
				  NMAC.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.9 - OPEN CONTAINER RESTRICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No one shall provide a person with an open
				container of an alcoholic beverage for consumption off the licensed premises or
				permit removal of an open container from the licensed premises.
B. No person shall remove an open container
				of an alcoholic beverage from a licensed premise.
C. All alcoholic beverages sold by package,
				including growlers, must be consumed off-premises.
D. Nothing in this rule shall prohibit a
				dispenser or restaurant licensee from allowing the removal of a partially
				consumed bottle of wine from the premises pursuant to Section
				60-3A-12
				NMSA 1978.
E. A licensee may permit
				a customer to remove a growler from the licensed premises, provided that the
				licensee cleans the growler before filling it, re-seals the growler, and
				provides a sales receipt to the customer.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.10 - AFTER HOURS SALES OR SERVICE OF ALCOHOLIC BEVERAGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensees may not sell, serve or allow the
				consumption of alcoholic beverages on the licensed premises except during the
				hours permitted by the Liquor Control Act.
B. A licensee whose primary business activity
				on the licensed premises is the sale of alcoholic beverages for consumption on
				the licensed premises may not open the licensed premises to the public or to
				club members for any purpose or business after the lawful established closing
				times provided for in the Liquor Control Act, unless permitted by the director
				in writing.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.11 - SALES TO INTOXICATED PERSONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No licensee shall sell, serve, deliver,
				procure or aid in the procurement of alcoholic beverages to an intoxicated
				person if the licensee knows or has reason to know that the person is obviously
				intoxicated.
In addition to other commonly recognized tests of
				  intoxication, a blood alcohol content level of .14 or higher on breath or blood
				  test taken not more than one and one-half hour or 90 minutes after sale,
				  service, delivery or consumption of alcoholic beverages shall be presumptive
				  evidence that the person was intoxicated at the time of the last sale. For
				  purposes of this rule, a "sale" shall mean the time at which the person
				  actually paid for the last alcoholic beverage served by the licensee to the
				  intoxicated person, or when the alcoholic beverage is delivered to the
				  intoxicated person's address for delivery, when applicable.
B. The following practices are prohibited on
				a licensed premises:
(1) games or contests
				that involve drinking alcoholic beverages or the awarding of alcoholic beverage
				drinks as prizes;
(2) the sale or
				delivery to a person of an unlimited number of alcoholic beverage drinks during
				any set period of time for a fixed price;
(3) the sale or delivery of two or more
				alcoholic beverage drinks for the price of one;
(4) the sale or delivery of alcoholic
				beverages by the drink for less than half the usual, customary, or established
				price for a drink of that type on the licensed premises;
(5) the sale or delivery of alcoholic
				beverages by the drink for less than cost;
(6) the advertising of the practices
				prohibited by this regulation; or
(7) the sale or service of a bottle of
				spirits for on-premises consumption.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.12 - "BYOB" EXCEPTION: PRIVATE PARTIES ON LICENSED PREMISES

Current through Register Vol. 35, No. 13, July 16, 2024
No person or entity may bring alcoholic beverages, previously
				  purchased, onto a licensed premises or onto any public premises, or consume
				  alcoholic beverages purchased by package on a licensed premises, except as
				  provided in this section.
A. A licensee
				may allow a private party at which the host provides his own alcoholic
				beverages to be held on the licensed premises, the host must be able to provide
				the licensee with a receipt for the alcohol being served at the event, showing
				where the alcohol was purchased.
B.
				If the host provides his own alcoholic beverages, no alcoholic beverages may be
				sold to any guest at the private party by the host, the licensee, or anyone
				else. The alcoholic beverages must be served to the guests by persons who hold
				valid current server permits.
C. If
				the private party is held during hours that the licensed premises is open to
				the public, the area where the private party is to be held must be closed to
				the public and security provided to prevent persons without invitations from
				entering.
D. Private parties must be
				held on days and at times during which the licensee is authorized to sell or
				serve alcoholic beverages.
E. A
				licensee may receive alcoholic beverages donated by a licensed New Mexico
				wholesaler to the host of the private party and may serve the donated alcoholic
				beverages at a private party if the wholesaler provides the licensee with an
				invoice for the donated alcoholic beverages.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.13 - ALCOHOL SERVICE BY EMPLOYEES ONLY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All alcoholic beverages sold or served to
				members of the public pursuant to a liquor license must be sold or served by a
				person who has a valid alcohol server permit and is an employee or independent
				contractor of the licensee.
B.
				Except as provided in this sub-section, self-service of alcoholic beverages is
				not permitted in an establishment licensed to sell alcohol:
(1) A person may self-serve beer from a
				pitcher that has been previously served to that person if in compliance with
				Subsection D of
				15.10.51.11
				NMAC, above.
(2) A person may
				self-serve wine from a bottle or carafe that has been previously served to that
				person if in compliance with Subsection D of
				15.10.51.11
				NMAC, above.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.14 - GAMBLING ON LICENSED PREMISES

Current through Register Vol. 35, No. 13, July 16, 2024
An entity holding a valid license issued under the act may
				  conduct any activities on the licensed premises that are excluded from the
				  definition of commercial gambling pursuant to Subsection C of Section
				  60-7A-19
				  NMSA 1978.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.15 - SALES OF CERTAIN SPIRITOUS LIQUORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensee shall not sell spiritous liquor
				in a closed container of three fluid ounces or less, for consumption off the
				licensed premises, except for:
(1) Sales in
				which 10 containers of three fluid ounces or less are packaged together by the
				manufacturer and meant for sale as a single unit.
(2) Sales in which a container of three fluid
				ounces or less are packaged by the manufacturer, as a value-added product, in
				conjunction with a spirits purchase of 750 millilliters or
				larger.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 51 - SALES - RESTRICTIONS ON SALES › Section 15.10.51.16 - SALES OF ALCOHOLIC BEVERAGES TO MOTOR VEHICLES PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
An entity holding a valid license issued under the act shall
				  not sell, serve, or deliver alcoholic beverages to a customer in a motor
				  vehicle through a drive-up window, curbside pickup, or other means in which the
				  customer remains in the motor vehicle during the transfer of the alcoholic
				  beverage, unless written approval is granted by the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 52 - SALES - SEGREGATED ALCOHOL SALES › Section 15.10.52.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department, Alcoholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 52 - SALES - SEGREGATED ALCOHOL SALES › Section 15.10.52.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  60-3A-10
				  NMSA 1978 of the act authorizes the director to make and adopt such rules as
				  necessary to carry out the duties of the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 52 - SALES - SEGREGATED ALCOHOL SALES › Section 15.10.52.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 25, 2017, unless a later date is cited at the end of a
				  section.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections in the
					 history notes appearing in brackets.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 52 - SALES - SEGREGATED ALCOHOL SALES › Section 15.10.52.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are intended to comply with Section
				  60-6B-19
				  NMSA 1978 of the act by creating procedures and requirements for segregated
				  alcohol sales applicable to two different classes of licensed premises based on
				  the size of the establishment.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 52 - SALES - SEGREGATED ALCOHOL SALES › Section 15.10.52.8 - LARGE PREMISES LICENSEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Large premises licensees must consolidate
				all alcoholic beverages in an alcoholic beverage display area located within a
				clearly designated and marked area of the controlled access area of the
				licensed premises. Growler sales for beer and cider may be located in a
				separate, clearly designated and marked display area from other alcoholic
				beverage sales. Both the storage area and the area where growlers will be
				filled must be designated. Except for table wines and other beverages as
				defined in Subsection C of 60-6B-19 NMSA 1978, alcoholic beverages may also be
				displayed or stored in small quantities in no more than two locations outside
				the designated alcoholic beverage display area provided that all display areas
				can be roped off, chained off, or covered during non-alcoholic sale hours or
				days. Licensees must file floor plans with the division for approval showing
				the consolidated and segregated areas where alcoholic beverages, including
				growler sales, are displayed within the licensed premises.
B. An employee who is at least 21 years of
				age and has a valid alcohol server permit shall be responsible for the overall
				supervision of both the receiving and sale of alcoholic beverages, including
				supervision of the alcoholic beverage display area. The licensee shall
				designate employees within the licensed premises to serve in this capacity as
				part of their job description, and shall ensure that such a designated employee
				is on duty on the licensed premises during alcoholic beverage sale
				hours.
C. Small displays of chips,
				snacks, or similar items may be displayed for sale in the alcoholic beverage
				display area so long as those items are also available in other parts of the
				licensed premises outside the alcoholic beverage display area. Except for such
				small displays, displays of food or other merchandise that would require
				shoppers to enter the alcoholic beverage display area for food or other
				merchandise are not permitted.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 52 - SALES - SEGREGATED ALCOHOL SALES › Section 15.10.52.9 - SMALL PREMISES LICENSEES

Current through Register Vol. 35, No. 13, July 16, 2024
Small premises licensees must use diligent, good faith
				  efforts to consolidate alcoholic beverages within a clearly designated and
				  marked alcoholic beverage display area of the controlled access area of the
				  licensed premises. Except for table wines and other beverages as defined in
				  Subsection C of 60-6B-19 NMSA 1978, alcoholic beverages may also be displayed
				  outside the alcoholic beverage display area provided that all display areas can
				  be roped off, chained off or covered during non-alcoholic sale hours or
				  days.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 53 - SALES - WHOLESALERS › Section 15.10.53.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department, Alcoholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 53 - SALES - WHOLESALERS › Section 15.10.53.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  60-3A-10
				  NMSA 1978 of the act authorizes the director to make and adopt such rules as
				  necessary to carry out the duties of the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 53 - SALES - WHOLESALERS › Section 15.10.53.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 25, 2017, unless a later date is cited at the end of a
				  section.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections in the
					 history notes appearing in brackets.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 53 - SALES - WHOLESALERS › Section 15.10.53.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part is intended to establish reporting, sales, credit,
				  and other requirements applicable to persons licensed as wholesalers under the
				  act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 53 - SALES - WHOLESALERS › Section 15.10.53.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 NMAC, terms in this part
				  has the same meaning as set forth in the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 53 - SALES - WHOLESALERS › Section 15.10.53.8 - PAYMENT, REFUND AND EXCHANGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If any invoice for alcoholic beverages
				sold to any licensee remains unpaid for more than 30 days the wholesaler may
				not sell alcoholic beverages to that licensee except on a cash basis.
B. Cash means a cash payment, a check, or
				electronic funds transfer, however, if a licensee tenders a check for a sale
				required to be cash under this regulation and that check is dishonored, the
				wholesaler may not accept any further checks from that licensee for sales
				required to be cash under this rule for a period of three months from the date
				the check is dishonored. Wholesalers who accept checks in payment for alcoholic
				beverages must present the checks for payment in the normal course of
				business.
C. A wholesaler may not
				use a promissory note or other similar obligation from a licensee as a device
				to avoid the credit prohibition set forth in the act and this rule. As long as
				a promissory note, or other similar obligation, remains outstanding for
				alcoholic beverages, the licensee must pay in cash.
D. Limitations on product returns:
(1) Wholesalers are permitted to accept a
				return of alcohol beverages for ordinary and usual commercial
				reasons.
(2) Ordinary and usual
				commercial reasons for returns include defective products, broken or short
				filled containers caused by error or omission of the manufacturer or the
				wholesaler or agent of the wholesaler, errors in products delivered,
				discontinued products, manufacturer's product change, manufacturer quality
				standards, lawful exercise of creditor claims to secured inventory, and unsold
				and unopened event inventory when a special event permit was obtained from the
				division. Ordinary and usual commercial reasons for return do not include
				overstock of inventory, slow inventory sales, breakage or other damage by the
				retailer or limited and seasonal demand inventory.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 53 - SALES - WHOLESALERS › Section 15.10.53.9 - DONATIONS AND DISCOUNTS OF ALCOHOLIC BEVERAGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensed New Mexico wholesaler may
				donate alcoholic beverages or sell alcoholic beverages at a discount to
				licensees if the purpose of the donation or discount is not to induce the
				licensee to purchase alcoholic beverages from that wholesaler to the exclusion
				of another wholesaler. The licensee may sell or give the donated or discounted
				alcoholic beverages to members of the public, or may give the donated or
				discounted alcoholic beverages away, in accordance with the provisions of the
				act and these rules. Donations or discounts allowable under this sub-section
				shall be limited as follows:
(1) no free
				samples may be provided for items currently provided to the licensee by the
				wholesaler; and
(2) no more than
				one bottle not to exceed 750 milliliters of wine or spirits, or one case of
				beer may be provided as a free sample per item.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 53 - SALES - WHOLESALERS › Section 15.10.53.10 - COMMERCIAL COERCION AND BRIBERY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Director shall enforce the
				prohibitions against unfair trade practices as set forth in Section
				60-8A-1
				NMSA 1978, of the Act.
B. The
				Director shall enforce the prohibitions against unlawful inducements as set
				forth in Section 60-8A-1.1 NMSA 1978, of the Act.
C. Sections
				60-8A-1
				and 60-8A-1.1 NMSA 1978, of the Act shall incorporate the United States Code of
				Federal Regulations at
				27 C.F.R
				Section 6.1 et seq., as may be amended,
				promulgated pursuant to Section 105 of the Federal Alcohol Administration Act
				at
				27 U.S.C.
				205, and with all relevant United States
				Alcohol and Tobacco Tax and Trade Bureau Industry Circulars, as may be amended.
(1) Wholesalers and manufacturers shall not
				provide money or any other thing of substantial value to a retailer,
				restaurant, club, governmental or any other type of dispensing licensee, or
				their affliliates, to persuade, influence or induce a person from purchasing or
				contracting to purchase a particular brand of alcoholicic beverage.
(2) Retailers, restaurant, club, governmental
				or any other type of dispensing licensee, or their affiliates, shall not
				receive or ask for money or any other thing of substantial value from a
				wholesaler or manufacturer, or their affiliates, to persuade, influence or
				induce a person from purchasing or contracting to purchase a particular brand
				or kind of alcoholic beverage.
(3)
				Things are of substantial value when it has a value greater than three hundred
				dollars.
(4) Generally, product
				displays, point of sale advertising materials, temporary signage valued at
				three hundred dollars or less are permissible.
(5) Fixtures, capital improvements and
				equipment, including refigeration units, keg coolers, and permanent signage are
				not permissible unless there is a written contract to buy or lease the item, at
				fair market value, between the retailer, restaurant, club, governmental, or any
				other type of dispensing licensee and the wholesaler or manufacturer.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 54 - SALES - CLUBS › Section 15.10.54.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Regulation and Licensing Department, Alcoholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 54 - SALES - CLUBS › Section 15.10.54.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  60-3A-10
				  NMSA of the act authorizes the director to make and adopt such rules as
				  necessary to carry out the duties of the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 54 - SALES - CLUBS › Section 15.10.54.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 25, 2017, unless a later date is cited at the end of a
				  section.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 54 - SALES - CLUBS › Section 15.10.54.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part is intended to establish additional standards by
				  which club licensees may sell and serve alcoholic beverages under the
				  act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 54 - SALES - CLUBS › Section 15.10.54.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 NMAC, terms in this part
				  has the same meaning as set forth in the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 54 - SALES - CLUBS › Section 15.10.54.8 - SALES LIMITED TO MEMBERS AND GUESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Whenever a member invites one or more bona
				fide guests, as defined by Subsection A of
				15.10.54.7
				NMAC onto a club's licensed premises, the club shall be responsible for
				identifying each bona fide guest and the club member responsible for such guest
				by maintaining a sign in sheet identifying the guest and the member, including
				the member identification number. The club should be able to produce the sign
				in sheet upon request by the director or the special investigations unit of the
				department of public safety or other peace officer within the scope of their
				jurisdiction. Members may not be stationed at the door signing in people who
				were not previously invited as their guests.
B. A member who has invited bona fide guests
				to use club facilities shall be responsible at all times while the guests are
				on the club premises. Except as otherwise permitted by law, no person other
				than the club members, bona fide guests, and club employees shall be allowed on
				any part of the licensed premises where alcoholic beverages are being sold,
				served, or consumed under the club license.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 54 - SALES - CLUBS › Section 15.10.54.9 - GAMES OF CHANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				entity holding a valid club license issued under the act may conduct any
				activities on the licensed premises that are excluded from the definition of
				commercial gambling pursuant to Subsection C of Section
				60-7A-19
				NMSA 1978, of the Act.
B. Nothing
				within this section shall be deemed to allow for commercial gambling, as
				defined by Subsection C of Section
				60-7A-19
				NMSA 1978, of the Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 54 - SALES - CLUBS › Section 15.10.54.10 - FUND RAISING EVENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A club may allow its facilities, including its licensed
				  premises, to be used by another non-profit organization four times in a
				  calendar year for a fund raising event that is open to the public if the club
				  submits an application on the form provided by the division not less than 10
				  days before the date of the proposed event and receives written approval from
				  the division for the event.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 54 - SALES - CLUBS › Section 15.10.54.11 - ADVERTISING FOR SPECIAL EVENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A club may advertise a special event for
				the purposes of soliciting new club members or to notify existing members. Any
				advertisement, either printed, electronic or otherwise, must clearly state that
				the event is restricted to members of the club and their bona fide guests. If
				soliciting new members, the advertisement must state "to become a member,
				please contact" and provide contact information of a club member.
B. Examples of special events include, but
				are not limited to, musical and other artistic performances, speaking
				engagements, and promotions by commercial entities.
C. Special events that also constitute "fund
				raising events" pursuant to section 10, above, are not subject to this
				advertising rule.
D. Any
				advertising described in Subsection A of 15.10.54.11 NMAC shall not include
				references to specific drinks or prices of drinks.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 54 - SALES - CLUBS › Section 15.10.54.12 - CHANGE IN OFFICERS

Current through Register Vol. 35, No. 13, July 16, 2024
A club must report a change in officers at time of renewal on
				  an application prescribed by the director, including but not limited to,
				  submission of fingerprints, personal affidavits, meeting minutes from the
				  election and a copy of the club's filing with the New Mexico secretary of state
				  that lists its current officers, as part of the annual renewal
				  application.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 54 - SALES - CLUBS › Section 15.10.54.13 - LICENSE RENEWAL REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the other requirements provided by law, as
				  part of its annual renewal application, and upon request by the director, a
				  club must furnish proof of its number of members by providing either:
A. a roster of its current members which
				includes the name, address and phone number of each member; or
B. a sworn statement by either a certified
				public accountant or an attorney, duly licensed in the state, attesting that
				during the preceeding 12 months, the club has had no more than 250 members,
				based upon a personal review of the club's operations; or
C. a sworn statement by an officer of the
				statewide or national non-profit organization associated with the club
				attesting that during the preceeding 12 months, the club has had no more than
				250 members, based upon a personal review of the club's operations.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 55 - INTERNET SALES › Section 15.10.55.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Regulation and Licensing Department, Alcoholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 55 - INTERNET SALES › Section 15.10.55.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all retailers, and to dispensers
				  authorized to sell alcoholic beverages in unbroken packages and all licensees
				  allowed to sell alcoholic beverages through delivery, under the
				  act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 55 - INTERNET SALES › Section 15.10.55.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  60-3A-10
				  NMSA 1978 of the Act authorizes the director to make and adopt such rules as
				  necessary to carry out the duties of the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 55 - INTERNET SALES › Section 15.10.55.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 25, 2017 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 55 - INTERNET SALES › Section 15.10.55.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 NMAC, terms used in this
				  rule have the same meanings as set forth in the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 55 - INTERNET SALES › Section 15.10.55.8 - THIRD-PARTY, INTERNET SALES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except as provided in this section, no licensee may accept or fulfill any offer
				for the sale of any alcoholic beverages to New Mexico residents through a
				third-party internet web site for shipping alcoholic beverages to
				customers.
B. The holder of a New
				Mexico winegrower's license that also holds a direct wine shipment permit may
				sell and ship wine through an internet website to residents of New Mexico.
				Through a website of a third-party intermediary, and regardless of whether the
				transaction is administered by the licensee or the licensee's agent, the holder
				of a New Mexico winegrower's license may sell wines of the winegrower's own
				production, or wine produced by another New Mexico winegrower, but not any
				other alcohol, to:
(1) a holder of a New
				Mexico winegrower's, wine wholesaler's, wholesaler's or wine exporter's
				license;
(2) a New Mexico
				winegrower's agent;
(3) a New
				Mexico resident;
(4) a resident in
				any other state or foreign jurisdiction, as authorized by that jurisdiction;
				and
(5) the holder of a license in
				any other state or foreign jurisdiction issued under the authority of that
				jurisdiction that authorizes the purchase of wine.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 55 - INTERNET SALES › Section 15.10.55.9 - USE OF INTERNET WEBSITE AND APPLICATION BASED PLATFORMS FOR DELIVERY SALES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensees
				issued an alcoholic beverage delivery permit may sell alcoholic beverages,
				allowed by their license type, through an internet website or application to
				customers.
B. The internet website
				or application platform may be provided by a third-party intermediary, for use
				by the licensee, in accordance with the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 61 - CITATIONS - FINES AND PENALTIES › Section 15.10.61.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Regulation and Licensing Department, Alcoholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 61 - CITATIONS - FINES AND PENALTIES › Section 15.10.61.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all licensees and applicants for
				  licensure under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 61 - CITATIONS - FINES AND PENALTIES › Section 15.10.61.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  60-3A-10
				  NMSA 1978 of the act authorizes the director to make and adopt such rules as
				  necessary to carry out the duties of the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 61 - CITATIONS - FINES AND PENALTIES › Section 15.10.61.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 25, 2017, unless a later date is cited at the end of a
				  section.
The words, or paragraph, above, are no longer applicable.
					 Later dates are now cited only at the end of sections in the history notes
					 appearing in brackets.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 61 - CITATIONS - FINES AND PENALTIES › Section 15.10.61.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to comply with Subsection M of Section
				  60-6C-4
				  NMSA 1978 which requires the director to adopt reasonable regulations setting
				  forth standards of penalties concerning penalties imposed by the director. It
				  is also intended to establish violation codes for consistent tracking within
				  the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 61 - CITATIONS - FINES AND PENALTIES › Section 15.10.61.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 NMAC, terms used in this
				  rule have the same meanings as set forth in the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 61 - CITATIONS - FINES AND PENALTIES › Section 15.10.61.8 - SCHEDULE OF PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				portion of the fines or penalties described in this rule may be enhanced or
				suspended, depending on the particular facts and circumstances of the
				individual case and where warranted by the evidence and the interests of public
				health, safety and welfare.
B.
Violations involving sales to minors or intoxicated persons by
				licensee:
Code
Description
90
Sale to intoxicated person
105
Sale to a minor
(1) The first
				offense within a 12 month period will result in a fine ranging from one
				thousand dollars ($1,000) to two thousand dollars ($2,000) and suspension of
				all alcohol sales for a minimum of one business day.
(2) The second offense within a 12 month
				period will result in a fine ranging from two thousand dollars ($2,000) to
				three thousand dollars ($3,000) and suspension of all alcohol sales for seven
				business days or possible revocation of the license if the licensee's citation
				history shows a pattern warranting revocation.
(3) Three or more offenses within a 12 month
				period shall result in a fine of ten thousand dollars ($10,000) and revocation
				of the liquor license. The director may allow a reasonable period of time for
				the licensee to sell the license in lieu of revocation, provided that the
				licensee places the license into voluntary suspension until the date of sale or
				revocation.
(4) Any combination of
				three offenses involving sales to minors or sales to intoxicated persons
				occurring within a 12 month period shall result in a fine of ten thousand
				dollars ($10,000) and revocation of the liquor license.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 61 - CITATIONS - FINES AND PENALTIES › Section 15.10.61.9 - ENHANCEMENT OF SCHEDULED PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
Any penalty set forth in these rules may be enhanced if the
				  facts and circumstances warrant enhancement of the penalties, up to the maximum
				  allowed by the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 61 - CITATIONS - FINES AND PENALTIES › Section 15.10.61.10 - ENHANCEMENT OF SCHEDULED PENALTIES FOR VIOLATIONS INVOLVING THE USE OF ALTERNATIVE FORMS OF ALCOHOL

Current through Register Vol. 35, No. 13, July 16, 2024
In recognition of the heightened public policy concerns
				  regarding the greater potential for abuse and greater need for deterrance,
				  whenever a violation identified in this part involves the sale, service or
				  consumption of alternative forms of alcohol, including but not limited to
				  powdered, vaporized or freeze-dried alcohol, the penalty otherwise set forth in
				  this part shall be enhanced up to the maximum allowed by the
				  act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 61 - CITATIONS - FINES AND PENALTIES › Section 15.10.61.11 - COMPROMISE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Whenever
				probable cause exists that a licensee has violated a provision of the act or
				these rules, a citation may be issued to the licensee for such violation. An
				informal conference may be held with the licensee to determine whether a
				compromise of the penalty for the violation would be in the best interests of
				the state.
B. When a citation is
				issued at the licensed premises, a copy of the citation may be provided to the
				licensee, or the resident agent, or given to an employee who indicates he is in
				charge, or, if no such employee is in charge, to any employee. Providing an
				employee with the citation shall be considered the same as giving it to the
				licensee. Citations may be mailed to the licensee.
C. A copy of the citation shall be filed in
				the division.
D. The fines and
				suspension imposed shall not exceed those which could be imposed after
				hearing.
E. Subject to
				15.10.61.10
				NMAC, any portion of the fine or penalties imposed may be suspended.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 70 - OPERATION AND PROFITING BY AUTHORIZED PERSONS AND ALTERNATING PROPRIETORSHIPS › Section 15.10.70.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Regulation and Licensing Department, Alcoholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 70 - OPERATION AND PROFITING BY AUTHORIZED PERSONS AND ALTERNATING PROPRIETORSHIPS › Section 15.10.70.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all licensees and applicants for
				  licensure under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 70 - OPERATION AND PROFITING BY AUTHORIZED PERSONS AND ALTERNATING PROPRIETORSHIPS › Section 15.10.70.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  60-3A-10
				  NMSA 1978 of the act authorizes the director to make and adopt such rules as
				  necessary to carry out the duties of the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 70 - OPERATION AND PROFITING BY AUTHORIZED PERSONS AND ALTERNATING PROPRIETORSHIPS › Section 15.10.70.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 25, 2017, unless a later date is cited at the end of a
				  section.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections in the
					 history notes appearing in brackets.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 70 - OPERATION AND PROFITING BY AUTHORIZED PERSONS AND ALTERNATING PROPRIETORSHIPS › Section 15.10.70.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to establish standards by which
				  licensees may sell alcoholic beverages under the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 70 - OPERATION AND PROFITING BY AUTHORIZED PERSONS AND ALTERNATING PROPRIETORSHIPS › Section 15.10.70.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 nmac, terms used in these
				  regulations have the same meanings as set forth in the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 70 - OPERATION AND PROFITING BY AUTHORIZED PERSONS AND ALTERNATING PROPRIETORSHIPS › Section 15.10.70.8 - OPERATION AND PROFITING BY AUTHORIZED PERSONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No person other than the licensee or
				lessee or employees of the licensee or lessee, shall sell or serve alcoholic
				beverages at the licensed premises.
(1) All
				orders, sales, service, dispensing, delivery and receipt of payment for
				alcoholic beverages must be completed by the licensee or lessee, or employees
				of the licensee or lessee, or the employees of a third-party delivery licensee
				contracted with for delivery purposes.
(2) Sales of alcoholic beverages by a
				licensee or lessee may not be combined with any sales of another person or
				entity that is not the licensee or lessee. Nothing in this section shall
				prohibit the a licensee and a third-party delivery licensee from contracting
				for the delivery of alcoholic beverages to consumers.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 70 - OPERATION AND PROFITING BY AUTHORIZED PERSONS AND ALTERNATING PROPRIETORSHIPS › Section 15.10.70.9 - EMPLOYMENT BY MULTIPLE LICENSEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. No person shall receive valuable
				consideration from a manufacturer or wholesaler for services performed while
				working as an employee, contractor, or other agent for a holder of a retailer,
				dispenser, restaurant or club license.
B. Any person receiving valuable
				consideration as described in Subsection A of 15.10.70.9 NMAC or any person who
				knowingly provides such consideration, shall be in violation of these rules and
				subject to fines and penalties as provided in these rules. Such violations may
				also be considered by the division in the granting of applications pursuant to
				Subsection C of 15.11.21.15 NMAC, and the renewal of licenses pursuant to
				Paragraph (2) of Subsection B of
				15.11.22.8
				NMAC.