Chapter 60 — Chapter 60

Nothing in the Liquor Control Act applies to: A. the transportation of alcoholic beverages through New Mexico; B. the transportation of alcoholic beverages into a United States customs bonded warehouse located in New Mexico; C. ethyl alcohol intended for or used for any of the fo…

The department of public safety has authority over all investigations and enforcement activities required under the Liquor Control Act except for those provisions relating to the issuance, denial, suspension or revocation of licenses, unless its assistance is requested by the dir…

reporting requirements; authority to request investigations. A. Within thirty days following the date of issuance of a citation pursuant to the provisions of the Liquor Control Act, the department of public safety or the law enforcement agency of a municipality or county shall re…

The alcoholic beverage control division of the regulation and licensing department has the authority over all matters relating to the issuance, denial, suspension or revocation of licenses under the Liquor Control Act. The director of the division may request the department of pu…

beverage control division. The director of the alcoholic beverage control division of the regulation and licensing department is responsible for the operation of the division. It is the director's duty to supervise all operations of the division and to: A. administer the laws tha…

A. For the purpose of enforcing the provisions of the Liquor Control Act, the director is authorized to examine and to require the production of pertinent records, books, information or evidence, to require the presence of any person and to require the person to testify under oat…

A. For the purpose of administering the licensing provisions of the Liquor Control Act, the director is authorized to examine and to require the production of any pertinent records, books, information or evidence, to require the presence of any person and to require him to testif…

History: Laws 1981, ch. 39, § 4; 1987, ch. 254, § 26; repealed by Laws 2015, ch. 3, § 45.

History: Laws 1981, ch. 39, § 5; repealed by Laws 2015, ch. 3, § 45.

ANNOTATIONS Repeals. — Laws 1989, ch. 204, § 26 repealed 60-4B-3 NMSA 1978, as enacted by Laws 1981, ch. 39, § 6, relating to the legal advisor, effective July 1, 1989.

History: Laws 1981, ch. 39, § 7; 1978 Comp., § 60-4B-4 recompiled and amended as § 60-3A-8.1 by Laws 2015, ch. 3, § 30.

History: 1978 Comp., § 60-4B-4.1, enacted by Laws 1993, ch. 329, § 1; recompiled and amended as § 60-3A-6.1 by Laws 2015, ch. 3, § 29.

History: Laws 1981, ch. 39, § 10; repealed by Laws 2015, ch. 3, § 45.

Any municipality containing more than five thousand persons according to the latest United States census, whether the county in which that municipality is situated has adopted the local option provisions of the Liquor Control Act or any former act or not, or any county in the sta…

In any local option district in which the local option provisions of the Liquor Control Act [60-3A-1 NMSA 1978] or former act have been rejected by the voters, it shall be permissible after the expiration of two years from the date of the election at which the local option provis…

ANNOTATIONS Repeals. — Laws 1981, ch. 39, § 128, repealed 60-6-1 NMSA 1978, relating to the power of municipalities and counties to regulate sales, effective July 1, 1981. ARTICLE 6A State Licenses

A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a license as a wholesaler of alcoholic beverages. B. No wholesaler shall sell, offer for sale or ship alcoholic beverages not receive…

A. A governmental entity may sell alcoholic beverages directly or through its lessee at a governmental facility if the governing body applies to the director for a governmental license. The governmental entity and its lessee shall be subject to all state laws and regulations gove…

A. A person in this state who produces wine or cider is exempt from the procurement of any other license pursuant to the terms of the Liquor Control Act [60-3A- 1 NMSA 1978], but not from the procurement of a winegrower's license. Except during periods of shortage or reduced avai…

A. A licensee with a winegrower's license or a person licensed in a state other than New Mexico that holds a winery license may apply to the director for and the director may issue to the applicant a direct wine shipment permit. An application for a direct wine shipment permit sh…

A. Any person holding a dispenser's license in any local option district where a public celebration is to be held may dispense alcoholic beverages at the public celebration upon receiving written approval from the governing body in charge of the public celebration and upon the pa…

For the renewal year beginning on July 1, 1998 and every three years thereafter, every common carrier transporting alcoholic beverages into and for delivery within the state shall register with the department and pay a registration fee of fifty dollars ($50.00). History: Laws 198…

No license shall be required of any person to sell wine for use in this state which is to be used exclusively for sacramental or religious purposes when the wine is consigned to any bona fide priest, pastor, bishop, rabbi, preacher or minister of the gospel of any religious faith…

Except for calendar years 2022 through 2031 for license holders who purchased their license during the calendar years 2017 through 2021, who shall be charged no fee for the issuance or renewal of a license, every application for the issuance or renewal of the following licenses a…

A. License fees for new licenses issued after the beginning of the license year shall be prorated. B. Dispenser, retailer, restaurant, club and public service license fees shall be prorated as follows: (1) licenses issued in the first quarter of the license year for each license …

All licenses provided for pursuant to the Liquor Control Act [60-3A-1 NMSA 1978] shall be issued by the director in strict compliance with the provisions of that act, and license fees shall be collected by the director and remitted to the state treasurer. History: Laws 1981, ch. …

A. The maximum number of licenses to be issued under the provisions of Sections 60-6A-2 and 60-6A-3 NMSA 1978 shall be as follows: (1) in incorporated municipalities, not more than one dispenser's or one retailer's license, including canopy licenses which are replaced by dispense…

A. The holder of any license issued under the Liquor Control Act [60-3A-1 NMSA 1978] or any former act has no vested property right in the license, which is the property of the state; provided that retailer's licenses, dispenser's licenses and canopy licenses that were replaced b…

A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a retailer's license for the retail sale of alcoholic beverages. B. A retailer's license, when issued, shall only be used by the pers…

distilleries, rectifying plants or wineries. If a permit or license is issued to a person for the operation of a brewery, distillery, rectifying plant or winery, and the permittee or licensee has commenced the operation of the brewery, distillery, rectifying plant or winery under…

Sections 60-6A-21 through 60-6A-28 NMSA 1978 may be cited as the "Domestic Winery, Small Brewery and Craft Distillery Act". History: 1978 Comp., § 60-6A-21, enacted by Laws 1983, ch. 280, § 2; 1993, ch. 68, § 8; 2011, ch. 110, § 1.

As used in the Domestic Winery, Small Brewery and Craft Distillery Act: A. "brandy" means an alcoholic liquor distilled from wine or from fermented fruit juice; B. "beer" means any fermented beverage containing more than one-half percent alcohol obtained by the fermentation of an…

ANNOTATIONS Repeals. — Laws 1998, ch. 109, § 8 repeals 60-6A-23 NMSA 1978, enacted by Laws 1983, ch. 280, § 4, relating to winer's license, effective July 1, 1998. For provisions of former section, see 1997 Cumulative Supplement.

A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], except as otherwise provided in the Domestic Winery and Small Brewery Act [60-6A-21 to 60-6A-28 NMSA 1978], may apply for and be issued a wine blender's license…

History: 1978 Comp., § 60-6A-25, enacted by Laws 1983, ch. 280, § 6; 1985, ch. 217, § 4; repealed by Laws 2021, ch. 7, § 36.

A wine exporter's license authorizes the person to whom it is issued, and under regulations prescribed by the director, to sell, deliver or consign wine or brandy manufactured or produced within this state for delivery, use or sale without the state. History: 1978 Comp., § 60-6A-…

A. In a local option district, a person qualified pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], except as otherwise provided in the Domestic Winery, Small Brewery and Craft Distillery Act, may apply for and be issued a small brewer's license. B. A smal…

A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], before he bottles beer for a person holding a small brewer's license, shall procure from the department a beer bottler's license. B. A beer bottler's license au…

Every application for the issuance or annual renewal of the following licenses and permits shall be accompanied by a license fee or permit fee in the following specified amounts: A. brandy manufacturer's license, seven hundred fifty dollars ($750); B. small brewer's license, seve…

Notwithstanding the provisions of Sections 60-6B-1 and 60-6B-2 NMSA 1978, a person not a citizen of the United States may apply for and be granted, subject to other qualifications required by the Liquor Control Act [60-3A-1 NMSA 1978], any license established by the provisions of…

A. In any local option district, a winegrower licensed under the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a license as a wine wholesaler of wines produced by or for New Mexico winegrowers. B. No wine wholesaler shall sell, offer for sale or ship wine not…

A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a dispenser's license for the sale of alcoholic beverages. B. A dispenser's license, when issued, shall only be used by the person to…

Any licensee holding a license pursuant to Sections 60-6A-2 through 60-6A-5 NMSA 1978 or Section 60-6B-16 NMSA 1978 shall post in a conspicuous place a sign in both English and Spanish that reads as follows: "Warning: Drinking alcoholic beverages during pregnancy can cause birth …

sales restrictions. Sales, service, delivery or consumption of alcoholic beverages shall be permitted on the grounds of the state fair, on the grounds of golf courses, on the grounds of ski areas and on the grounds and in the vineyards of a winery only on the licensed premises in…

A. Exempt from the procurement of any other license or permit issued pursuant to the terms of the Liquor Control Act [60-3A-1 NMSA 1978], but not exempt from the procurement of a competition permit, is a winemaker or winery licensed outside of New Mexico that desires to participa…

A. The director is authorized to issue a tasting permit to a licensed dispenser, retailer, resident manufacturer, nonresident manufacturer, wholesaler or winegrower or an agent of any such licensed entity to conduct tastings of wine, beer, cider or spirituous liquor on a licensed…

limitations. A. The director is authorized to issue a special bed and breakfast dispensing license to an owner or operator of a bed and breakfast in accordance with rules promulgated by the director to protect public health and safety. The license shall be limited to the serving …

license. In any local option district, a small brewer or a winegrower that is licensed pursuant to the Domestic Winery, Small Brewery and Craft Distillery Act and that also holds a restaurant license or a dispenser's license may apply for and be issued a small brewer and winegrow…

limitations. A. The director may issue a special independent theater dispensing license to an owner or operator of an independent theater in accordance with rules promulgated by the director to protect public health and safety. The license shall be limited to the serving of wine …

A. A nonretail licensee shall not offer, fund, produce, sponsor, promote, furnish or redeem any type of coupon or scanback. B. For purposes of this section: (1) "coupon" means an instantly redeemable coupon issued to a retailer by a manufacturer, importer or wholesaler allowing a…