New Mexico Administrative Code

These rules apply to all licensees under the act.

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.

Permanent.

April 25, 2017, unless a later date is cited at the end of a section.

These rules are intended to classify the types of licensed premises or areas of licensed premises where minors may be present.

Unless otherwise defined in 15.10.2 NMAC, terms used in these rules have the same meanings as set forth in the act.

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 …

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 NMS…

New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

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 con…

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 blo…

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 a…

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-s…

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.

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…

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 a…

These regulations apply to all licensees and applicants for licensure under the act.

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.

Permanent

April 25, 2017, unless a later date is cited at the end of a section.

This rule is intended to establish standards by which licensees may sell and serve alcoholic beverages under the act.

Unless otherwise defined in 15.10.2 NMAC, terms used in these rules have the same meanings as set forth in the act:

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…

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 premi…

New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

These rules apply to all licensees under the act.

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.

Permanent.

April 25, 2017, unless a later date is cited at the end of a section.

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.

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, cl…

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 i…

New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

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…

These rules apply to all licensees under the act.

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.

Permanent.

April 25, 2017, unless a later date is cited at the end of a section.

This part is intended to establish reporting, sales, credit, and other requirements applicable to persons licensed as wholesalers under the act.

Unless otherwise defined in 15.10.2 NMAC, terms in this part has the same meaning as set forth in the act.

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…

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 whol…

The New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

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 …

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…

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 …

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 phon…

These rules apply to all club licensees under the act.