Chapter 60 — Chapter 60
553 sections in this chapter.
NMSA 1978, § 60-7A-1 Hours and days of business
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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 …
NMSA 1978, § 60-7A-10 Wholesalers prohibited from owning retailer's or
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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…
NMSA 1978, § 60-7A-11 Offenses by retailers
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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…
NMSA 1978, § 60-7A-12 Offenses by dispensers, canopy licensees, restaurant
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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…
NMSA 1978, § 60-7A-13 Sales by clubs
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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…
NMSA 1978, § 60-7A-14 Filling bottles; misrepresentation of alcoholic beverages
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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 …
NMSA 1978, § 60-7A-15 Public nuisance
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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…
NMSA 1978, § 60-7A-16 Sale to intoxicated persons
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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…
NMSA 1978, § 60-7A-17 Prostitution; loitering; promoting
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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…
NMSA 1978, § 60-7A-18 Repealed
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History: Laws 1981, ch. 39, § 95; repealed by Laws 2021, ch. 7, § 36.
NMSA 1978, § 60-7A-19 Commercial gambling on licensed premises
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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 …
NMSA 1978, § 60-7A-2 Repealed
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History: Laws 1981, ch. 39, § 48; 2002, ch. 104, § 2; repealed by Laws 2021, ch. 7, § 36.
NMSA 1978, § 60-7A-20 False complaints; misdemeanor
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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.
NMSA 1978, § 60-7A-21 Possession or display of United States license
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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…
NMSA 1978, § 60-7A-22 Drinking in public establishments; selling or serving
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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…
NMSA 1978, § 60-7A-23 Possession of wine as prima facie evidence
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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 …
NMSA 1978, § 60-7A-24 Obstruction of the administration of the Liquor Control
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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 …
NMSA 1978, § 60-7A-25 Criminal penalties
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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 …
NMSA 1978, § 60-7A-3 Transportation into state without permit; exportation of
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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 …
NMSA 1978, § 60-7A-4 Sale, shipment and delivery unlawful
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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…
NMSA 1978, § 60-7A-4.1 Unlawful sale of alcoholic beverages; criminal penalty;
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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…
NMSA 1978, § 60-7A-4.2 Record of sales; administrative penalties
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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…
NMSA 1978, § 60-7A-5 Manufacture, sale or possession for sale when not
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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…
NMSA 1978, § 60-7A-6 Possession of liquor manufactured or shipped in violation
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of law; fourth degree felony; penalty; forfeiture. A. It is unlawful for any person to have in his possession with the intent to sell or resell any alcoholic beverages which to that person's knowledge have been manufactured or transported into this state in violation of the laws …
NMSA 1978, § 60-7A-7 Manufacture of spirituous liquors; felony
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It is a felony for any person other than a licensed distiller or rectifier to manufacture any spirituous liquors in the state. History: Laws 1981, ch. 39, § 53.
NMSA 1978, § 60-7A-8 Sales to wholesalers
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Unless he has a wholesaler's license, no New Mexico manufacturer shall sell or offer for sale any alcoholic beverages manufactured within this state to any person in New Mexico other than wholesalers licensed under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978]. His…
NMSA 1978, § 60-7A-9 Credit extension by wholesalers
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It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for any wholesaler to extend credit or to agree to extend credit for the sale of alcoholic beverages to any retailer, dispenser, canopy licensee, restaurant licensee, club licensee or governmental licensee or its les…
NMSA 1978, § 60-7B-1 Selling or giving alcoholic beverages to minors;
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possession of alcoholic beverages by minors. A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a person, including a person licensed pursuant to the provisions of the Liquor Control Act, or an employee, agent or lessee of that person, if the person knows or h…
NMSA 1978, § 60-7B-1.1 Repealed
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ANNOTATIONS Repeals. — Laws 1981, ch. 39, § 128 repealed 60-7B-1.1 NMSA 1978, as enacted by Laws 1939, ch. 235, § 1202 and as amended by Laws 1975, ch. 152, § 1, relating to selling or giving liquor to minors, effective July 1, 1981. Compiler's notes. — This section was enacted b…
NMSA 1978, § 60-7B-10 Minors in licensed premises; regulations
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A. Any person licensed pursuant to the provisions of the Liquor Control Act or any employee, agent or lessee of that person who permits a minor to enter and remain in any area of a licensed premises that is prohibited to the use of minors is guilty of a violation of the Liquor Co…
NMSA 1978, § 60-7B-11 Employment of minors
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A. Except as provided in Subsection B or C of this section, it is a violation of the Liquor Control Act for any person licensed pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] or for any employee, agent or lessee of that person knowingly to employ or use …
NMSA 1978, § 60-7B-12 Beer kegs; labeling; notice
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A. Every keg which is sold by a retailer shall be labeled by the retailer in a manner prescribed by the superintendent of regulation and licensing with the name and address of the retailer and a control number assigned to that keg by the retailer. Retailers shall record the name …
NMSA 1978, § 60-7B-13 Stocking alcoholic beverages in wet bars in hotel guest
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rooms prohibited; room service. A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for the proprietor or manager of a hotel to stock alcoholic beverages in a wet bar located in any guest room or sleeping room in the hotel unless the alcoholic beverages are contain…
NMSA 1978, § 60-7B-14 Substance-related poisoning prevention; limited
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immunity. A. A person who, in good faith, seeks medical assistance for someone experiencing an alcohol- or drug-related overdose shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating a…
NMSA 1978, § 60-7B-2 Documentary evidence of age and identity
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A. Evidence of the age and identity of the person may be shown by any document that contains a picture of the person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle operator's license or an…
NMSA 1978, § 60-7B-5 Refusal to sell, serve or deliver alcoholic beverages to
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person unable to produce identity card. A. A person licensed pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] or any employee, agent or lessee of that person may refuse to deliver, sell or serve alcoholic beverages to any person who is unable to produce an…
NMSA 1978, § 60-7B-6 Demanding and seeing identity card before furnishing
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alcoholic beverages. In any criminal prosecution or in any proceedings for the suspension or revocation of a license or alcoholic beverage delivery permit or in any proceeding for violation of a municipal or county ordinance prohibiting the gift, sale or service of alcoholic beve…
NMSA 1978, § 60-7B-7 Presenting false evidence of age or identity
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A minor who presents to any person licensed pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] or any employee, agent or lessee of that person any written, printed or photostatic evidence of age or identity that is false, for the purpose of procuring or atte…
NMSA 1978, § 60-7B-8 Delivery of identity card to minor for use in obtaining
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alcoholic beverages. Any person who gives, loans, sells or delivers an identity card to a minor with the knowledge that the minor intends to use the identity card for the purpose of procuring or attempting to procure any alcoholic beverages is guilty of a petty misdemeanor and sh…
NMSA 1978, § 60-7B-9 Penalty
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Unless otherwise provided for in Article 7B of Chapter 60, any violation of Sections 60-7B-1 through 60-7B-8 NMSA 1978 by a minor is a petty misdemeanor, and the minor shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: Laws 1981, ch. 39, § 89; 19…
NMSA 1978, § 60-8A-1 Unfair competition; exclusive outlet; tied house;
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consignment sales. It is unlawful for an importer, manufacturer, nonresident licensee or any kind or class of wholesaler, directly or indirectly, or through an affiliate: A. to require by agreement or otherwise that a wholesaler, retailer, dispenser, canopy licensee, restaurant l…
NMSA 1978, § 60-8A-1.1 Unlawful inducements
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A. No retailer licensee, restaurant licensee, club licensee, governmental licensee or licensee that dispenses any kind or class of alcoholic beverage shall directly or indirectly, or through an affiliate, give or permit to be given money or any other thing of substantial value in…
NMSA 1978, § 60-8A-10 Franchises; actions; defense
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In any action brought by a wholesaler against a supplier for termination, cancellation or failure to renew a franchise in violation of Sections 60-8A-7 through 60-8A-11 NMSA 1978, it is a complete defense for the supplier to prove that the termination, cancellation or failure to …
NMSA 1978, § 60-8A-11 Franchises; time limit for bringing of action
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Any action brought pursuant to Sections 54 through 58 [60-8A-7 to 60-8A-11 NMSA 1978] of the Liquor Control Act shall be forever barred unless commenced within one year after the cause of action has accrued. History: Laws 1981, ch. 39, § 58.
NMSA 1978, § 60-8A-12 Filing of schedules required
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A. No brand of spirituous liquors shall be sold to or purchased by a wholesaler, irrespective of the place of sale or delivery, unless a price and discount schedule is filed with the director and is then in effect. B. Such schedule shall be filed by the owner of the brand who is …
NMSA 1978, § 60-8A-13 Selling to wholesalers at prices different than shown in
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schedule. A brand of spirituous liquors shall not be sold to wholesalers except at the price and discounts shown on the schedule unless prior written permission of the director is granted for reasons not inconsistent with the purposes of Sections 60-8A-12 through 60-8A-19 NMSA 19…
NMSA 1978, § 60-8A-14 Form of schedule
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The schedule of prices and discounts shall be in writing, duly verified and filed in the number of copies, form and at such time as required by the director. It shall contain, with respect to each item, the exact brand or trade name, capacity of package, nature of contents and ag…
NMSA 1978, § 60-8A-15 Filing of affirmation
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The owner of a brand of spirituous liquors shall file as part of the schedule a verified affirmation that the price to New Mexico wholesalers is no greater than the lowest price at which the item of spirituous liquors is sold by the brand owner or any related person to any wholes…
NMSA 1978, § 60-8A-16 Failure to file; schedule deemed invalid
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If an affirmation with respect to any item of spirituous liquors is not filed within the prescribed time, any schedule for which the affirmation is required shall be deemed invalid with respect to that item of spirituous liquors, and the item shall not be sold to or purchased by …
NMSA 1978, § 60-8A-17 Determination of lowest price
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In determining the lowest price for which any item of spirituous liquors was sold in any other state or in the District of Columbia, or to any state or state agency which owns and operates retail liquor stores, appropriate reductions shall be made to reflect all discounts in exce…