Chapter 60 — Chapter 60

license. A. A person otherwise qualified pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and the department may issue an alcoholic beverage delivery permit authorizing the person to deliver alcoholic beverages if: (1) the applicant holds a v…

Five years after the enactment of the law, the department of health shall conduct a study of impacts of the delivery of alcohol, evaluating consumption trends and public safety impacts of the delivery of alcohol. History: Laws 2021, ch. 7, § 35.

A. A local option district may approve the issuance of restaurant licenses for the sale of beer and wine by holding an election on that question pursuant to the procedures set out in Section 60-5A-1 NMSA 1978. The election also may be initiated by a resolution adopted by the gove…

A. In any local option district, a club qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a club license. B. Club licenses shall not be transferred from one owner to another. A club license may be transferred from one locatio…

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 manufacturer's license. History: Laws 1981, ch. 39, § 23.

A. In any 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 [60-6A-21 NMSA 1978], may apply for and be issued a craft dist…

A. A nonresident manufacturer or wholesaler who qualifies may apply for and be issued a nonresident license. B. No nonresident wholesaler or manufacturer shall, directly or indirectly or through an affiliate or subsidiary, apply for, be granted or hold a license under the provisi…

Before any wholesaler whose license permits the sale of wine for resale packages wine for resale, he shall procure from the department a wine bottler's license. History: Laws 1981, ch. 39, § 25; 1988, ch. 60, § 2.

A. Every person selling alcoholic beverages to travelers on trains or airplanes within the state shall secure a public service license from the department on or before July 1 of each year. B. A photostatic copy of the license shall be posted in each train car from which alcoholic…

The following classes of persons shall be prohibited from receiving or holding licenses under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978]: A. a person who has been convicted of two separate misdemeanor or petty misdemeanor violations of the Liquor Control Act in …

History: 1978 Comp., § 60-6B-1.1, enacted by Laws 1989, ch. 292, § 2; repealed by Laws 2021, ch. 7, § 36.

licensing. No license shall be issued by the director for the sale of alcoholic beverages at a licensed premises where alcoholic beverages were not sold prior to July 1, 1981 that is within three hundred feet of a church or school. A license may be granted for a proposed licensed…

History: Laws 1981, ch. 39, § 46; repealed by Laws 2021, ch. 7, § 36.

A. Dispenser's and retailer's licenses originally issued before July 1, 1981, except rural dispenser's and rural retailer's licenses that were replaced by dispenser's licenses pursuant to Section 60-6B-16 NMSA 1978, and except canopy licenses replaced by dispenser's licenses purs…

ANNOTATIONS Repeals. — Laws 1997, ch. 55, § 2 repeals 60-6B-13 NMSA 1978, as enacted by Laws 1981, ch. 39, § 115, relating to prohibited acquisitions, effective April 8, 1997.

As used in the Liquor Control Act [60-3A-1 NMSA 1978], "canopy license" means a license which was initially issued prior to January 1, 1988 pursuant to Laws 1981, Chapter 39, Section 117 and which permits the licensee to dispense alcoholic beverages in the same manner as permitte…

History: 1978 Comp., § 60-6B-15, enacted by Laws 1988, ch. 12, § 3; repealed by Laws 2021, ch. 7, § 36.

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 …

ANNOTATIONS Repeals. — Laws 1991, ch. 257, § 5 repeals 60-6B-8 NMSA 1978, as enacted by Laws 1981, ch. 39, § 44, relating to death of licensee or dissolution or termination of the licensed business, effective June 14, 1991.

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…

ANNOTATIONS Repeals. — Laws 1993, ch. 68, § 57 repeals 60-6C-3 NMSA 1978, as enacted by Laws 1981, ch. 39, § 99, relating to the liquor control hearing officer effective June 18, 1993.

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…

ANNOTATIONS Repeals. — Laws 1993, ch. 68, § 57 repeals 60-6C-7 NMSA 1978, as enacted by Laws 1981, ch. 39, § 103 relating to summary suspensions, effective June 18, 1993.

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…

History: 1978 Comp., § 60-6D-16, enacted by Laws 1999, ch. 277, § 7; recompiled as 1978 Comp., § 60-6E-6; repealed by Laws 2021, ch. 7, § 36.

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…