reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 4 - GENERAL OPERATIONS REQUIREMENTS › Section 15.8.4.10 - SANITATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All licensees shall comply with all applicable sanitation
				  requirements prescribed by the state of New Mexico and local sanitation
				  ordinances, including but not limited to public health orders issued by New
				  Mexico department of health.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 4 - GENERAL OPERATIONS REQUIREMENTS › Section 15.8.4.11 - DISPLAY OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The current tobacco products license, or licenses, shall be
				  prominently displayed within the licensed location so that it is in full public
				  view at all times. A copy or scanned image or facsimile of the license may be
				  displayed only for 30 days or until the original license is received by the
				  licensee, whichever occurs first, provided the copy or scanned image or
				  facsimile is of the original, current, and duly issued
				  license.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 4 - GENERAL OPERATIONS REQUIREMENTS › Section 15.8.4.12 - POSTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Licensees that
				sell tobacco products directly to the public shall display a printed sign or
				decal, in full public view within the licensed location at a point of sale and
				where a tobacco product vending machine is located, that reads "IT IS ILLEGAL
				FOR A PERSON UNDER 21 YEARS OF AGE TO PURCHASE TOBACCO PRODUCTS."
B.The sign or decal shall be of a size
				prescribed by the director, except that the licensee may make the sign or decal
				larger than what is prescribed. The division will provided access to an
				electronic copy to be printed and displayed by licensee.
C.Licensees may, with the director's prior
				approval, develop and use printed signs or decals that contain the same
				information required in this section. Any such sign or decal shall be valid
				only if bearing the director's stamp of approval.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 4 - GENERAL OPERATIONS REQUIREMENTS › Section 15.8.4.13 - NONCOMPLIANCE WITH REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Noncompliance with the requirements of Chapter 8 Part 4 of
				  these rules shall be deemed a violation of the Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 4 - GENERAL OPERATIONS REQUIREMENTS › Section 15.8.4.14 - CONTINUING NONCOMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.After
				notification of a violation, the requirements of Chapter 8 Section 4 of these
				rules, a licensee's continued noncompliance with the requirements shall be
				deemed a separate and additional violation of the act.
B. Continuing noncompliance shall also be
				considered an aggravating factor for penalty enhancement purposes.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 5 - PROHIBITED ACTS › Section 15.8.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 61-37-22 NMSA 1978, of the Tobacco Products 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 8 - TOBACCO PRODUCTS › Part 5 - PROHIBITED ACTS › Section 15.8.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in Title 15,
				  Chapter 8 have the same meanings as set forth in the Tobacco Products
				  Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 5 - PROHIBITED ACTS › Section 15.8.5.8 - UNLICENSED SALE BY NONLICENSEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.Unlicensed sale of tobacco products by
				person occurs when a person manufactures, distributes, or sells tobacco
				products without first obtaining a manufacturer, distributor, or retailer
				license issued by the division.
B.The unlicensed sale of tobacco products may
				be subject to criminal penalties, administrative penalties, or both.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 5 - PROHIBITED ACTS › Section 15.8.5.9 - UNLICENSED SALE BY LICENSEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.The
				unlicensed sale of tobacco products by a licensee occurs when:
(1)A person holding a license issued pursuant
				to the act then manufactures, distributes, or sells tobacco products at a
				location that is not a licensed location;
(2)A licensee who has experienced a change in
				ownership, without submitting an application for a new license continues to
				manufacture, distribute, or sell tobacco products; or
(3)A licensee who has manufactured,
				distributed, or sold tobacco products after letting their license
				expire.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 5 - PROHIBITED ACTS › Section 15.8.5.10 - SALES TO MINORS

Current through Register Vol. 35, No. 13, July 16, 2024
A.It is
				a violation of the act for a licensee or their employee to knowingly,
				intentionally, or negligently sell, offer to sell, barter, or give a tobacco
				product to a person under 21 years of age.
B.Use of third-party age verification service
				may be evidence of mitigating factors.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 5 - PROHIBITED ACTS › Section 15.8.5.11 - FAILURE TO VERIFY AGE

Current through Register Vol. 35, No. 13, July 16, 2024
It is a violation of the act for a retailer or an employee of
				  a retailer to knowingly, intentionally, or negligently fail to verify the age
				  of before selling, or providing, tobacco products to the
				  consumer.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 5 - PROHIBITED ACTS › Section 15.8.5.12 - MINORS IN AGE-CONTROLLED LOCATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
It is a violation of the act for licensee to allow persons
				  under the age of 21 into age controlled locations where tobacco products
				  vending machines and the sales and display of cigars are present.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 5 - PROHIBITED ACTS › Section 15.8.5.13 - SALES OF TOBACCO PRODUCTS NOT IN ORIGINAL SEALED PACKAGE

Current through Register Vol. 35, No. 13, July 16, 2024
It is a violation of the act for a licensee to sell, offer to
				  sell, or deliver a tobacco product in a form other than original
				  manufacturer-sealed package, except for individually sold cigars or loose leaf
				  pipe tobacco.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 5 - PROHIBITED ACTS › Section 15.8.5.14 - SALE OF TOBACCO PRODUCT NOT IN CHILD-RESISTANT PACKAGING

Current through Register Vol. 35, No. 13, July 16, 2024
A.It is a violation of the act for a licensee
				to sell, offer to sell, or deliver nicotine liquid unless such liquid is in
				child-resistant packaging.
B.For
				the purpose of Section A, nicotine liquid does not include nicotine liquid in a
				cartridge that is pre-filled and sealed by the manufacturer and that is not
				intended to be opened by the consumer.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 5 - PROHIBITED ACTS › Section 15.8.5.15 - SALE OF TOBACCO PRODUCTS KNOWINGLY ATTRACTIVE TO MINORS

Current through Register Vol. 35, No. 13, July 16, 2024
It is a violation of the act for a manufacturer to produce
				  and a distributor or retailer to sell, or provide, tobacco products that are
				  knowingly attractive to minors.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 5 - PROHIBITED ACTS › Section 15.8.5.16 - PROVIDING FREE SAMPLES

Current through Register Vol. 35, No. 13, July 16, 2024
A.It is
				violation of the act to provide free samples of tobacco products without the
				written approval of the director.
B.Subsection A shall not apply to an
				individual who provides free samples of tobacco products, e-cigarettes, or
				nicotine liquid containers in connection with the practice of cultural or
				ceremonial activities in accordance with the federal American Indian Religious
				Freedom Act or its successor act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 6 - FINES AND PENALTIES › Section 15.8.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all licensees and applicants for
				  licensure under the New Mexico Tobacco Products Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 6 - FINES AND PENALTIES › Section 15.8.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 61-37-22 NMSA 1978, of the Tobacco Products 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 8 - TOBACCO PRODUCTS › Part 6 - FINES AND PENALTIES › Section 15.8.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2021, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 6 - FINES AND PENALTIES › Section 15.8.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in Title 15,
				  Chapter 8 have the same meanings as set forth in the Tobacco Products
				  Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 6 - FINES AND PENALTIES › Section 15.8.6.8 - PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
The division, when it finds that the licensee, an employee of
				  the licensee, or a contractor acting on behalf of the licensee has violated a
				  provision of the act or these rules, may:
A.Suspend or revoke a license of a
				licensee;
B.Require the use of
				identification verification software for a designated period of time;
C. Impose an administrative penalty against a
				licensee in an amount not to exceed ten thousand dollars; or
D. any combination thereof.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 6 - FINES AND PENALTIES › Section 15.8.6.9 - PENALTIES FOR VIOLATION OF SALES TO MINORS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Generally, after a first violation, at a
				location, imposition of an one-day suspension and $1,000 fine;
B.Generally, after a second violation, at a
				location within three years of the first such violation, imposition of a
				seven-day suspension and $4,000 fine;
C.Generally, after a third violation, at a
				location within three years of the first such violation, imposition of a
				thirty-day suspension and $7,000 fine;
D.Generally, after a fourth violation at a
				location within three years of the first such violation, permanent revocation
				of the licensee's license will be imposed.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 6 - FINES AND PENALTIES › Section 15.8.6.10 - PENALTIES FOR ALL OTHER VIOLATIONS INVOLVING MINORS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Generally, after a first violation, at a
				location, imposition of a $1,000 fine;
B.Generally, after a second violation, at a
				location within three years of the first such violation, imposition of one-day
				suspension and $2,000 fine;
C.Generally, after a third violation, at a
				location within three years of the first such violation, imposition of a
				seven-day suspension and a $5,000 fine;
D.Generally, after a fourth violation, at a
				location within three years of the first such violation, imposition of a
				fourteen-day suspension and a $10,000 fine.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 6 - FINES AND PENALTIES › Section 15.8.6.11 - PENALTIES FOR NON-AGE SPECIFIC VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Generally, after a first violation, at a
				location, imposition of a $100 fine;
B.Generally, after a second violation, at a
				location within three years of the first such violation, imposition of a $200
				fine;
C.Generally, after a third
				violation, at a location within three years of the first such violation,
				imposition of a $400 fine;
D.
				Generally, after a fourth violation, at a location within three years of the
				first such violation, imposition of a $750 fine;
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 6 - FINES AND PENALTIES › Section 15.8.6.12 - COMPROMISING LIABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The division is authorized to compromise the penalty for any
				  violations of the act or of any division regulation or order when it is deemed
				  in the best interest of the state.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 6 - FINES AND PENALTIES › Section 15.8.6.13 - 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 8 - TOBACCO PRODUCTS › Part 7 - HEARING PROCEDURE › Section 15.8.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 61-37-22 NMSA 1978, of the Tobacco Products 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 8 - TOBACCO PRODUCTS › Part 7 - HEARING PROCEDURE › Section 15.8.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to establish the hearing procedures for
				  the suspension or revocation of a license and the imposition of administrative
				  penalties.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 7 - HEARING PROCEDURE › Section 15.8.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in Title 15,
				  Chapter 8 have the same meanings as set forth in the Tobacco Products
				  Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 7 - HEARING PROCEDURE › Section 15.8.7.8 - COMPLAINTS AND INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.The
				division, the department of public safety, and the appropriate law enforcement
				authorities in each county and municipality may investigate any allegation of a
				violation and inspect licensed locations for compliance with the act and the
				rules promulgated thereof, and licensee's compliance during an inspection is
				required.
B.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 and a copy of the
				citation shall be filed in the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 7 - HEARING PROCEDURE › Section 15.8.7.9 - INFORMAL CONFERENCE

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 a 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 interest 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 ot 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.Any portion of the fine or penalties
				imposed may be suspended.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 7 - HEARING PROCEDURE › Section 15.8.7.10 - ADMINISTRATIVE PROCEEDINGS, ORDER TO SHOW CAUSE AND HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.If a violation of the act is not resolved
				through informal conference, a formal charge document shall be filed in the
				division. Charges filed in the division against a licensee will state the
				nature of the grounds relied upon for the filing, the approximate date of the
				alleged violation, and the names and addresses of the witnesses who are
				expected to give testimony or evidence against the licensee.
B.Licensees will receive an order for the
				licensee to appear at a hearing to explain, on the basis of any ground set out
				in the charge, why the license should not be revoked or suspended or why the
				licensee should not be fined, or both.
C.A hearing officer will be appointed no
				later than ten days prior to the date set for the hearing at which the licensee
				shall appear to explain why licensee's license should not be revoked or
				suspended or why the licensee should not be fined, or both.
D.At any hearing on an order to show case, a
				record of hearing will be made, to include:
(1)the style of the proceedings;
(2) the nature of the proceedings, including
				a copy of the charge and a copy of the order to show cause;
(3) the place, date, and time of the hearing
				and all continuances or recesses of the hearing;
(4) the appearance or nonappearance of the
				licensee;
(5) if the licensee
				appears with an attorney, the name and address of the attorney;
(6) a record of all evidence and testimony
				and a copy or record of all exhibits introduced in evidence;
(7) the findings of fact and law as to
				whether or not the licensee has violated the Act as set out in the charge;
				and
(8)the decision of the
				director.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 8 - MISCELLANEOUS FEES › Section 15.8.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all licensees and applicants for
				  licensure under the New Mexico Tobacco Products Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 8 - MISCELLANEOUS FEES › Section 15.8.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 61-37-22 NMSA 1978, of the Tobacco Products 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 8 - TOBACCO PRODUCTS › Part 8 - MISCELLANEOUS FEES › Section 15.8.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2021 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 8 - MISCELLANEOUS FEES › Section 15.8.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in Title 15,
				  Chapter 8 have the same meanings as set forth in the Tobacco Products
				  Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 8 - MISCELLANEOUS FEES › Section 15.8.8.8 - INITIAL APPLICATION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.Manufacturer license: $750, per
				location;
B.Distributor license:
				$750, per location;
C.Retailer
				license: $750, per location.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 8 - MISCELLANEOUS FEES › Section 15.8.8.9 - RENEWAL APPLICATION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.Manufacturer license: $400, per
				location;
B.Distributor license:
				$400, per location;
C.Retailer
				license: $400, per location.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 8 - MISCELLANEOUS FEES › Section 15.8.8.10 - DESIGNATION OF RESIDENT AGENT FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.Designation of resident agent during
				initial application for license: $0;
B.Designation of resident agent during any
				time other than initial application: $50.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 8 - MISCELLANEOUS FEES › Section 15.8.8.11 - CHANGE OF OFFICERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Change of officers, per location, during
				renewal: $10;
B.Change of officers,
				per location, at any time other than initial application or along with a
				renewal application: $50.
C.When a
				licensee holds a license and multiple locations, the change of officer fee may
				be reduced by the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 8 - MISCELLANEOUS FEES › Section 15.8.8.12 - CHANGE IN DBA FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.Change in DBA
				application during renewal: $10;
B.Change in DBA at any time other than
				initial application or along with a renewal application: $50.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 8 - MISCELLANEOUS FEES › Section 15.8.8.13 - CHANGE IN LOCATION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
Any time a change of location application is filed with the
				  division, it shall be accompanied by a $100 change of location
				  fee.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 8 - MISCELLANEOUS FEES › Section 15.8.8.14 - LATE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.The division
				may impose a late fee of up to $350 plus ten dollars per day for each
				additional day an application is late.
B.Late fees may be applied to all
				applications with timelines or time periods, in which they should be
				filed.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 8 - TOBACCO PRODUCTS › Part 8 - MISCELLANEOUS FEES › Section 15.8.8.15 - FEES MAY BE WAIVED OR REDUCED

Current through Register Vol. 35, No. 13, July 16, 2024
A.The division shall have the authority to
				reduce or waive any of the fees required by the act, upon a showing of good
				cause by licensee as to why the reduction or waiver is necessary.
B.Upon a showing of good cause, the following
				fees may be reduced or waived:
(1) Change of
				officers fee;
(2) Change in DBA
				fee; and
(3) Late fees.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 2 - DEFINITIONS › Section 15.10.2.1 - 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 2 - DEFINITIONS › Section 15.10.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all licensees and applicants for
				  licensure under the New Mexico Liquor Control Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 2 - DEFINITIONS › Section 15.10.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  60-3A-10
				  NMSA 1978 of the Liquor Control 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 2 - DEFINITIONS › Section 15.10.2.5 - 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 2 - DEFINITIONS › Section 15.10.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to locate all definitions of terms used
				  in the act, or in Title 15, Chapters 10 and 11, in one rule.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 2 - DEFINITIONS › Section 15.10.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in Title 15,
				  Chapter 10 and Chapter 11, have the same meanings as set forth in the Liquor
				  Control Act.
A.
"The Act"
means the New Mexico Liquor Control Act, Articles 3A, 4B, 4C, 5A, 6A, 6B, 6C,
				6E, 7A, 7B and 8A of Chapter 60 NMSA 1978.
B.
"Affiliate of the licensee"
means any of the following:
(1) A corporation
				is an affiliate of a licensee if:
(a) the
				corporation, or its officers, directors or controlling shareholders, owns a
				majority of stock of a licensee that is itself a corporation; or
(b) a licensee that is itself a corporation,
				or its officers, directors or controlling shareholders, if the licensee owns a
				majority of the corporation; or
(c)
				the company is owned by the same entities or individuals that own the
				licensee.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 31 - PREMISES - GENERAL REQUIREMENTS › Section 15.10.31.1 - 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 31 - PREMISES - GENERAL REQUIREMENTS › Section 15.10.31.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to all licensees under the New Mexico
				  Liquor Control Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 31 - PREMISES - GENERAL REQUIREMENTS › Section 15.10.31.3 - 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 31 - PREMISES - GENERAL REQUIREMENTS › Section 15.10.31.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 28, 2021, unless a later date is cited at the end
				  of this 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 31 - PREMISES - GENERAL REQUIREMENTS › Section 15.10.31.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are intended to establish standards for the
				  general operation and maintenance of licensed premises.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 31 - PREMISES - GENERAL REQUIREMENTS › Section 15.10.31.7 - 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 Liquor Control
				  Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 31 - PREMISES - GENERAL REQUIREMENTS › Section 15.10.31.8 - LIGHTING OF LICENSED PREMISES

Current through Register Vol. 35, No. 13, July 16, 2024
At any licensed premises open for business, the interior
				  lighting shall be sufficient to make easily discernible to persons of average
				  vision, the appearance, age and conduct of all persons on the premises where
				  alcoholic beverages are sold, served or consumed.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 31 - PREMISES - GENERAL REQUIREMENTS › Section 15.10.31.9 - SANITATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All licensees shall comply with all applicable sanitation
				  requirements prescribed by the state of New Mexico, this is to include all
				  requirements set forth in any Public Health Order issued pursuant to Sections
				  24-1-1
				  through
				  24-1-40
				  NMSA 1978, of the Public Health Act, Sections
				  12-10A-1
				  through
				  12-10A-19
				  NMSA 1978, of the Public Health Emergency Response Act, and Sections
				  9-7-1 through
				  9-7-18
				  NMSA 1978, of the Department of Health Act and local sanitation ordinances.
				  Failure to comply shall be deemed a violation of this rule.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 32 - PREMISES - LOCATION AND DESCRIPTION OF LICENSED PREMISES › Section 15.10.32.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexio Regulation and Licensing Department, Alcholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 32 - PREMISES - LOCATION AND DESCRIPTION OF LICENSED PREMISES › Section 15.10.32.2 - 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 32 - PREMISES - LOCATION AND DESCRIPTION OF LICENSED PREMISES › Section 15.10.32.3 - 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 32 - PREMISES - LOCATION AND DESCRIPTION OF LICENSED PREMISES › Section 15.10.32.5 - 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 32 - PREMISES - LOCATION AND DESCRIPTION OF LICENSED PREMISES › Section 15.10.32.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are intended to establish standards for the
				  location and description of areas identified as licensed
				  premises.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 32 - PREMISES - LOCATION AND DESCRIPTION OF LICENSED PREMISES › Section 15.10.32.7 - 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 32 - PREMISES - LOCATION AND DESCRIPTION OF LICENSED PREMISES › Section 15.10.32.8 - LOCATION NEAR CHURCH, SCHOOL OR MILITARY INSTALLATION

Current through Register Vol. 35, No. 13, July 16, 2024
All measurements for the purpose of determining the location
				  of a licensed premises in relation to churches or schools shall be the shortest
				  direct line measurement between the actual limits of the real property of the
				  church or school in which there is regularly conducted church services or
				  educational functions, and the controlled access area of the licensed premises
				  where alcoholic beverages are proposed to be sold. If the proposed licensed
				  premises is within 400 feet of a church or school, and the applicant does not
				  admit the proposed licensed premises is within 300 feet of a church or school,
				  the application must be accompanied by a certified report of a registered
				  engineer or duly licensed surveyor. A license may be granted for a proposed
				  location if a person has obtained a waiver from a local option district
				  governing body for the proposed location.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 32 - PREMISES - LOCATION AND DESCRIPTION OF LICENSED PREMISES › Section 15.10.32.9 - PREMISES WHERE ALCOHOL WAS SOLD PRIOR TO 1981

Current through Register Vol. 35, No. 13, July 16, 2024
A. For purposes of transfer and issuance of
				liquor licenses, a location where alcoholic beverages were sold prior to July
				1, 1981, is a location that was licensed for the sale of alcoholic beverages by
				the division prior to July 1, 1981. For purposes of special dispenser's
				permits, a location where alcoholic beverages were sold prior to July 1, 1981,
				includes church and school property where alcoholic beverages were
				traditionally sold prior to July 1, 1981, at events, such as annual church
				fiestas or school fundraisers, even if the premises were not licensed by the
				division prior to July 1, 1981.
B.
				If an applicant seeks to have a location approved as a licensed premises where
				alcoholic beverages were sold prior to July 1, 1981, and if alcoholic beverages
				have not been sold on the previously licensed premises for a period of 12
				months or more, the applicant has the burden of showing the church or school
				has not detrimentally relied on the lack of sales or closing of the previously
				licensed premises. An applicant for a special dispenser's permit on church or
				school property has the burden of establishing that sales of alcoholic
				beverages occurred on the church or school property on an annual or other
				regular basis prior to July 1, 1981.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 32 - PREMISES - LOCATION AND DESCRIPTION OF LICENSED PREMISES › Section 15.10.32.10 - LICENSED PREMISES AND CONTROLLED ACCESS AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Nothing in these rules shall prohibit the
				licensure of the entire premises, including more than one structure, of the
				controlled access areas of the grounds of any hotel, golf course, ski area,
				racetrack, distillery, brewery, or vineyard of a winery, as defined in the act,
				or any restaurant, identified in Subsection O of Section
				60-3A-3
				NMSA 1978, when any of these types of licenses are operated by the licensee who
				profits directly and exclusively from the operation of the license;
B. An accurate description of the licensed
				premises with the proposed controlled access areas clearly marked, must be
				filed with the division;
C. The
				sale, service and consumption of alcoholic beverages is limited to to
				controlled access areas;
D. Roads
				are not to be included in controlled access areas, except within golf courses,
				in which the boundaries of golf cart and pedestrian crossings are clearly
				marked by permanent marking on the surface of the roads by white or yellow
				reflective painting or striping material similar to pedestrian crossing
				markings found on city and state streets and roads; and
E. Parking lots and fuel pump stations,
				unless granted written approval by the division, may not be included in
				controlled access areas.
F. A
				licensee may obtain an exception to these requirements with written approval
				issued by the Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 32 - PREMISES - LOCATION AND DESCRIPTION OF LICENSED PREMISES › Section 15.10.32.12 - CHANGE OR EXPANSION OF LICENSED PREMISES

Current through Register Vol. 35, No. 13, July 16, 2024
Floor plans that accurately reflect the controlled access
				  areas of a licensee's licensed premises must be kept current by filing an
				  application to change a floor plan within 30 days of a change, and to expand a
				  floor plan by filing an application prior to the expansion, or upon request by
				  the director. If the total square footage of the controlled access area of the
				  licensed premise will increase by more than twenty-five percent pursuant to the
				  floor plan change, the licensee may be required to file an application for
				  change of location on a form approved by the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 32 - PREMISES - LOCATION AND DESCRIPTION OF LICENSED PREMISES › Section 15.10.32.14 - OUTDOOR CONTROLLED ACCESS AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
Controlled access areas of a licensed premises that are
				  outdoors must be enclosed by a continuous physical barrier of sufficient height
				  in order to physically separate the controlled access area from the surrounding
				  area. The division may allow exceptions to this requirement upon written
				  request by a licensee.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 33 - PREMISES - MINORS ON LICENSED PREMISES › Section 15.10.33.1 - 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 33 - PREMISES - MINORS ON LICENSED PREMISES › Section 15.10.33.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all licensees under the
				  act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 33 - PREMISES - MINORS ON LICENSED PREMISES › Section 15.10.33.3 - 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 33 - PREMISES - MINORS ON LICENSED PREMISES › Section 15.10.33.5 - 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 33 - PREMISES - MINORS ON LICENSED PREMISES › Section 15.10.33.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are intended to classify the types of licensed
				  premises or areas of licensed premises where minors may be
				  present.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 33 - PREMISES - MINORS ON LICENSED PREMISES › Section 15.10.33.7 - 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 33 - PREMISES - MINORS ON LICENSED PREMISES › Section 15.10.33.8 - MINORS ON LICENSED PREMISES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensee shall not allow an
				unaccompanied minor on restricted premises.
B. If a licensee chooses to allow minors on
				the licensed premises for any reason except a bona fide emergency, the licensee
				must, in an annual application filed with the division, designate the licensed
				premises as either entirely a restricted area, entirely an unrestricted area,
				or both restricted and unrestricted areas, showing such designations on a
				correct floor plan of the licensed premises.
(1) The designations shall be approved or
				disapproved by the division. The applicant shall also indicate the nature and
				extent of security that will be provided to control restricted areas.
(2)If the licensed premises are designated as
				both restricted and unrestricted areas, and the division approves the
				designations, restricted areas of the licensed premises must be clearly posted
				and marked so that they are unmistakable from unrestricted areas.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 33 - PREMISES - MINORS ON LICENSED PREMISES › Section 15.10.33.9 - EMPLOYMENT OF MINORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				person may employ a minor to participate in the sale or service of alcoholic
				beverages, or to supervise other employees with respect to the sale or service
				of alcoholic beverages, except as provided in this section.
B. In accordance with Subsection B of Section
				60-7B-11
				NMSA 1978, a holder of a dispenser's, restaurant or club license that is held
				out to the public as a place where meals are prepared and served and the
				primary source of revenue is food, and where the sale or consumption of
				alcoholic beverages is not the primary activity, may employ minors 18 years of
				age or older to sell or serve alcoholic beverages, except that a person younger
				than 21 years of age shall not be employed as a bartender. Otherwise, no person
				may employ a minor to participate in the sale or service of alcoholic
				beverages, except as provided below.
C. A holder of a restaurant, dispenser's, or
				club license, or a special dispenser's permit, may allow minors to enter a
				restricted area to remove and dispose of alcoholic beverage containers in the
				course of their employment as bus persons provided that such employees remain
				in the restricted area no longer than necessary to carry out those
				duties.
D. A holder of a
				wholesaler's, retailer's, or manufacturer's license, or a holder of a
				dispenser's license who sells by the package, may employ minors to stock and
				handle alcoholic beverages in unopened containers on or around the licensed
				premises if an adult 21 years of age or older is on duty directly supervising
				such activities.
E. A licensee may
				permit the following minors to enter and remain in a restricted area of a
				licensed premise during the course of their employment or official duties if
				the minors are at least 18 years of age:
(1)
				professional musicians, disc jockeys or other entertainers engaged in their
				professional capacities, or sound or lighting technicians actively engaged in
				support of professional musicians, disc jockeys, or other
				entertainers;
(2) persons
				performing janitorial services, but only when the licensed premises are
				closed;
(3) employees of amusement
				device companies for the purpose of installing, maintaining, repairing or
				removing any lawful amusement device or vending machine; and
(4) security and law enforcement
				officers.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 33 - PREMISES - MINORS ON LICENSED PREMISES › Section 15.10.33.10 - NO SALE, SERVICE, POSSESSION OR CONSUMPTION PERMITTED

Current through Register Vol. 35, No. 13, July 16, 2024
Under no circumstances, may minors purchase, be served,
				  possess or consume alcoholic beverages on a licensed premises, and nothing in
				  these rules, including provisions permitting minors on licensed premises, shall
				  be construed as permitting the sale or service to, or possession or consumption
				  of any alcoholic beverage by, a minor on a licensed premises.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 33 - PREMISES - MINORS ON LICENSED PREMISES › Section 15.10.33.11 - DEFENSE TO SALE TO A MINOR

Current through Register Vol. 35, No. 13, July 16, 2024
If the licensee can establish all of the following, it shall
				  be a valid defense to the administrative charge of a sale to a minor:
A. the purchaser falsely represented his or
				her age by producing, at the time of the alleged illegal sale, a photo
				identification card which appears to have been issued by a federal, state,
				county or municipal government, or sub department or agency thereof, and which
				shows the purchaser to be 21 years of age or older; and
B. the purchaser appeared to be 21 years of
				age or older; and
C. the seller
				reasonably relied on the false identification presented and on the purchaser's
				appearance, thereby believing the purchaser to be 21 years of age or
				older.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS › Part 33 - PREMISES - MINORS ON LICENSED PREMISES › Section 15.10.33.12 - MINORS PROHIBITED FROM PARTICIPATING IN THE DELIVERY OF ALCOHOLIC BEVERAGES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Licensees are prohibited from allowing minors to participate in the delivery of
				alcoholic beverages.
B. A minor
				participates in the delivery of alcoholic beverages when:
(1) a minor loads the alcoholic beverages
				into the delivery vehicle; or
(2) a
				minor is the driver, or passenger, of a vehicle being used to deliver alcoholic
				beverages to consumers.