Chapter 60, Chapter 60

transfer tax. A. On July 1, 1988, notwithstanding the provisions of Section 60-6A-18 NMSA 1978, each canopy license, upon the payment to the department of a one-time transfer tax of five thousand dollars ($5,000) and the applicable annual license renewal fee, shall become a dispe…

excepted. A. Except as provided in Subsection B of this section, the director shall by rule develop procedures for segregated alcohol sales by every retailer or dispenser who sells alcoholic beverages in unbroken packages for consumption and not for resale off the licensed premis…

A. Before a new license authorized by the Liquor Control Act [60-3A-1 NMSA 1978] may be issued by the director, the applicant for the license shall: (1) submit to the director a written application for the license under oath, in the form prescribed by and stating the information …

With the approval of the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and subject to the provisions of the Liquor Control Act, an alternating proprietorship may be established so that the manufacturing facilities and equipment of a per…

A. A person who holds a retailer's license or a person who holds a dispenser's license and who is allowed to sell alcoholic beverages in unbroken packages that are for consumption off premises and are not for resale may form a cooperative with one or more other persons who hold a…

The transfer, assignment, sale or lease of any license shall not be approved until the director is satisfied that all wholesalers who are creditors of the licensee have been paid or that satisfactory arrangements have been made between the licensee and the wholesaler for the paym…

governing body. A. Prior to the approval of the issuance of a new license, and prior to the approval of a transfer permitted by Section 60-6B-3 or 60-6B-12 NMSA 1978, the director shall notify the governing body of the director's preliminary approval of the issuance or transfer o…

A. All licenses provided for in the Liquor Control Act, except for nonresident licenses and common carrier registrations, shall be issued for a one-year period except for new licenses issued after the beginning of the license year. Nonresident licenses and common carrier registra…

reporting. A. A corporation that holds a license issued under the Liquor Control Act [60-3A-1 NMSA 1978] shall notify the director within thirty days after the occurrence of any change in the officers, directors or holders of more than ten percent of the voting stock of the corpo…

A. Any license issued under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] shall be canceled if the licensee fails to commence operation of the licensed business within one hundred twenty days after the license is issued and to continuously operate during customary …

sales. A. If a retailer, dispenser, canopy licensee, restaurant licensee, club licensee or governmental licensee or its lessee discontinues business for any reason or the licensee dies, the stock of alcoholic beverages owned at the time of the discontinuation of business or the d…

reporting requirement. A. The director may suspend or revoke the license or permit or fine the licensee in an amount not more than ten thousand dollars ($10,000), or both, when the director finds that a licensee has: (1) violated any provision of the Liquor Control Act [60-3A-1 N…

All hearings held pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] shall be conducted by the director or a hearing officer appointed by the director and shall be held in the county in which the licensed premises or the business of the person issued an alco…

order to show cause; service; hearings. A. Whenever a person lodges a signed, written complaint with the department alleging that a licensee has violated any of the provisions of the Liquor Control Act [60- 3A-1 NMSA 1978], unless the complaint is deficient on its face, the direc…

witnesses. The director shall have the power to administer oaths and compel the attendance of witnesses and the production of documents, records and physical exhibits in any hearing held under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] by the issuance and servic…

A. A licensee aggrieved or adversely affected by an order of revocation, suspension or fine shall have the right to appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. B. No appeal shall have the effect of suspending the operation of the order o…

If a license is revoked under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], the licensee shall not be issued or be the transferee of a license within two years of the date of the revocation. History: Laws 1981, ch. 39, § 104.

The director is authorized to compromise the penalty for any violations of the Liquor Control Act [60-3A-1 NMSA 1978] or of any department regulation or order when he deems it is in the best interest of the state. History: Laws 1981, ch. 39, § 105. ARTICLE 6D Alcohol Server Educa…

Chapter 60, Article 6E NMSA 1978 may be cited as the "Alcohol Server Education Article of the Liquor Control Act". History: 1978 Comp., § 60-6D-11, enacted by Laws 1999, ch. 277, § 2; recompiled as 1978 Comp., § 60-6E-1; 2013, ch. 213, § 1.

A. Hearings for the suspension or revocation of any server's server permit or delivery permit or for imposing a fine on the server, or both, shall be conducted in accordance with the provisions of Sections 60-6C-2 through 60-6C-6 NMSA 1978. B. The director may suspend or revoke a…

A. The "alcohol server education advisory committee" is created and is administratively attached to the division. The membership of the committee shall consist of: (1) the director; (2) the secretary of public safety or his designee; (3) the secretary of health or his designee; (…

The alcohol server education advisory committee shall assist the division with development of: A. standards, course requirements and materials for the program; B. procedures attendant to the program; C. certification standards for providers and instructors; and D. certification o…

The purpose of Chapter 60, Article 6D [6E] NMSA 1978 is to: A. enhance the professionalism of persons employed in the alcoholic beverage service industry; B. establish a program for servers, licensees and their lessees that includes the study of: (1) the effect alcohol has on the…

As used in the Alcohol Server Education Article [Chapter 60, Article 6E NMSA 1978] of the Liquor Control Act: A. "director" means the director of the division; B. "division" means the alcoholic beverage control division of the regulation and licensing department; C. "licensee" me…

No person shall be employed as a server on a licensed premises unless that person obtains within thirty days of employment alcohol server training pursuant to the provisions of Chapter 60, Article 6E NMSA 1978. History: 1978 Comp., § 60-6D-4, enacted by Laws 1999, ch. 277, § 5, r…

program; surety bond. A. The director shall have the authority to approve programs offered by providers. B. The program curriculum shall include the following subjects: (1) the effect alcohol has on the body and behavior, including the effect on a person's ability to operate a mo…

A. The director shall issue a server permit to each applicant who obtains a certificate of program completion and provides such other information as may be required by the director. The director may, in the director's discretion, issue temporary server permits if circumstances wa…

fines; penalties. The following penalties are in addition to any other penalties available for sales to minors or intoxicated persons in violation of the provisions of the Liquor Control Act [60- 3A-1 NMSA 1978] or rules of the division: A. the director may suspend a server's ser…

A licensee seeking renewal of a license shall submit to the division, as a condition of license renewal, proof that the licensee, the lessee, if any, and each server employed by the licensee or lessee during the prior licensing year have or had valid server permits at all times t…

A. Provided that nothing in this section shall prohibit the consumption at any time of alcoholic beverages in guest rooms of hotels, alcoholic beverages shall be sold, served and consumed on licensed premises only from 7:00 a.m. until 2:00 a.m. on the following day. B. Except as …

dispenser's establishment. A. Except as provided in Subsection B of this section, it is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a wholesaler, directly or indirectly or through an affiliate, to own, either in whole or in part, a business operated under a reta…

It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for any retailer to: A. allow or permit any alcoholic beverages to be consumed on his licensed premises; B. maintain or keep in close proximity to the licensed premises any place for the consumption of alcoholic beve…

licensees, governmental licensees or their lessees and clubs. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for any dispenser, canopy licensee, restaurant licensee, governmental licensee or its lessee or club to: A. receive any alcoholic beverages for the purpos…

A. Any club licensed pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] shall only have the right to sell alcoholic beverages by the drink and wine by the bottle for consumption on the premises. B. Except as otherwise provided in this section, it is unlawful…

It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for any licensee to: A. pour into any empty or partially empty bottle which contains or has contained any alcoholic beverage, alcoholic beverages of a different kind, class, brand, proof or age from that represented …

A. Any premises used for the unlawful purpose of sale, manufacture, storage, possession or consumption of alcoholic beverages in violation of the Liquor Control Act [60-3A-1 NMSA 1978] is a public nuisance. B. The district attorney in the county in which the nuisance exists is au…

It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a person to sell, deliver or serve alcoholic beverages to or to procure or aid in the procurement of alcoholic beverages for an intoxicated person if the person selling, delivering, serving, procuring or aiding i…

A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a licensee to knowingly: (1) allow prostitution on the licensed premises; (2) allow or permit the loitering of or solicitation by known prostitutes on the licensed premises; or (3) procure a prostitute for a p…

A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a licensee to knowingly allow commercial gambling on the licensed premises. B. In addition to any criminal penalties, a person who violates Subsection A of this section may have the person's license suspended …

Any person who lodges or intentionally causes or conspires to cause a complaint to be lodged knowing the complaint to be unfounded in actual fact, he [sic] shall, upon conviction thereof, be guilty of a misdemeanor. History: Laws 1981, ch. 39, § 106.

Possession or display of a license from the United States to sell alcoholic beverages in New Mexico by a person not licensed under the Liquor Control Act [60-3A-1 NMSA 1978] to sell alcoholic beverages or issuance of such a license by the district director of the internal revenue…

alcoholic beverages other than in licensed establishments; selling or delivering alcoholic beverages from a drive-up window. A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for any person to consume alcoholic beverages in any public establishment unless the est…

In any proceedings under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], the possession of more than one thousand two hundred liters of wine by any person who is not a public warehouseman, registered carrier or licensee shall be prima facie evidence that the person …

Act; criminal penalty; sentencing. A. Any person who forcibly or by bribe, threat or other corrupt practice obstructs, impedes or attempts to obstruct the administration of the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] is guilty of a fourth degree felony and shall …

A. A person who violates any provision of the Liquor Control Act [60-3A-1 NMSA 1978] or any rule or regulation promulgated by the department that is not declared by the Liquor Control Act to be a felony is guilty of a misdemeanor and, upon conviction thereof, the person shall be …

alcoholic beverages without permit; importation for private use; reciprocal shipping; when unlawful. A. Except as provided in Subsections E and F of this section, it is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a registered common carrier to knowingly deliver …

A. It is unlawful for a person on the person's own behalf or as the agent of another person, except a licensed New Mexico wholesaler or manufacturer or the agent of either, to directly or indirectly sell or offer for sale for shipment into the state or ship into the state, except…

forfeiture. A. It is unlawful for any person to sell or attempt to sell alcoholic beverages at any place other than a licensed premises or as otherwise provided by the Liquor Control Act [60-3A-1 NMSA 1978]. B. Any person who violates the provisions of Subsection A of this sectio…

A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for any person licensed pursuant to the provisions of that act and any employee, agent or lessee of that person to fail to maintain a record of sales of distilled spirits, wine and beer in quantities of twenty gal…

permitted by Liquor Control Act; criminal penalty; forfeiture. A. It is unlawful for any person to manufacture for the purpose of sale, possess for the purpose of sale, offer for sale or sell any alcoholic beverages in the state except under the terms and conditions of the Liquor…