Alcohol Server Education

NMSA 1978 ch. 60, art. 6E

in effect

NMSA 1978, § 60-6E-1 Article designation; alcohol server education

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

NMSA 1978, § 60-6E-2 Purpose

60-6E-2. Purpose 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 body and behavior, including the effect on a person's ability to operate a motor vehicle when intoxicated; (2) state law concerning liquor licensure, liquor liability issues and driving under the influence of intoxicating liquor; (3) methods of recognizing problem drinkers and techniques for intervening with problem drinkers; (4) methods of identifying false drivers' licenses and other documents used as evidence of age and identity to prevent the sale of alcohol to minors; and (5) prevention of fetal alcohol syndrome; C. reduce the number of persons who drive while under the influence of intoxicating liquor and mitigate the physical and property damage caused by that behavior; and D. reduce the frequency of alcohol-related birth defects. 1978 Comp., § 60-6D-12, enacted by Laws 1999, ch. 277, § 3; recompiled as 1978 Comp., § 60-6E-2.

NMSA 1978, § 60-6E-3 Definitions

60-6E-3. Definitions 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" means a person issued a license pursuant to the provisions of the Liquor Control Act to sell, serve or dispense alcoholic beverages for consumption and not for resale; D. "program" means an alcohol server education course and examination approved by the director to be administered by providers; E. "provider" means an individual, partnership, corporation, public or private school or any other legal entity certified by the director to provide a program; F. "server" means an individual who sells, serves, or dispenses alcoholic beverages for consumption on or off licensed premises, including persons who manage, direct or control the sale or service of alcohol and when the context requires, includes a person who delivers alcoholic beverages. "Server" does not include officers of a corporate licensee or lessee who do not manage, direct or control the sale, delivery or service of alcohol; and G. "server permit" means an authorization issued by the director for a person to be employed or engaged to sell, serve or dispense alcoholic beverages. 1978 Comp., § 60-6D-13, enacted by Laws 1999, ch. 277, § 4; recompiled as 1978 Comp., § 60-6E-3; 2021, ch. 7, § 21.

NMSA 1978, § 60-6E-4 Server training required; alcohol service or sales

60-6E-4. Server training required; alcohol service or sales 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. 1978 Comp., § 60-6D-4, enacted by Laws 1999, ch. 277, § 5, recompiled as 1978 Comp., § 60-6E-4; Laws 2000, ch. 46, § 1.

NMSA 1978, § 60-6E-5 Programs required; approval by director; content of program; surety bond

60-6E-5. Programs required; approval by director; content of 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 motor vehicle when intoxicated; (2) the effect alcohol has on a person when used in combination with legal or illegal drugs; (3) state laws concerning liquor licensure, liquor liability issues and driving under the influence of intoxicating liquor; (4) methods of recognizing problem drinkers and techniques for intervening with problem drinkers; (5) methods of identifying false driver's licenses and other documents used as evidence of age and identity to prevent the sale of alcohol to minors; and (6) the incidence of alcohol-related birth defects. C. The director shall require each provider to post a surety bond in the amount of five thousand dollars ($5,000). The director may, in the director's discretion, allow a provider to submit other evidence of financial responsibility satisfactory to the director in lieu of posting a surety bond in the amount of five thousand dollars ($5,000). 1978 Comp., § 60-6D-15, enacted by Laws 1999, ch. 277, § 6; recompiled as 1978 Comp., § 60-6E-5.

NMSA 1978, § 60-6E-7 Server permits; issuance; ownership; fees

60-6E-7. Server permits; issuance; ownership; fees 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 warrant such issuance. B. Server permits shall not be issued to graduates of programs that are not approved by the director. C. A server permit is the property of the server to whom it is issued. D. The director may charge a fee for the issuance of the server permit. E. Server permits shall be valid for a period of three years from the date the server permit was issued. F. A certificate of completion of an alcohol server education program issued pursuant to previous law shall remain valid until the date of its expiration. 1978 Comp., § 60-6D-17, enacted by Laws 1999, ch. 277, § 8; recompiled as 1978 Comp., § 60-6E-7; 2013, ch. 213, § 2.

NMSA 1978, § 60-6E-8 Server permit; suspension; revocation; administrative fines; penalties

60-6E-8. Server permit; suspension; revocation; administrative 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 server permit for a period of thirty days or fine the server in an amount not to exceed five hundred dollars ($500), or both, when the director finds that the server is guilty of a first offense of selling, serving, delivering or dispensing an alcoholic beverage to an intoxicated person in violation of Section 60-7A-16 NMSA 1978 or to a minor in violation of Section 60-7B-1 NMSA 1978; B. the director shall suspend a server's server permit for a period of one year when the director finds that the server is guilty of a second offense of selling, serving, delivering or dispensing alcoholic beverages to intoxicated persons in violation of Section 60-7A-16 NMSA 1978 or to minors in violation of Section 60-7B-1 NMSA 1978 arising separately from the incident giving rise to the server's first offense; C. the director shall permanently revoke a server's server permit when the director finds that the server is guilty of a third offense of selling, serving, delivering or dispensing alcoholic beverages to intoxicated persons in violation of Section 60-7A-16 NMSA 1978 or to minors in violation of Section 60-7B-1 NMSA 1978 arising separately from the incidents giving rise to the server's first and second offenses; D. no person whose server permit is suspended or revoked pursuant to the provisions of this section may be a server of alcoholic beverages on a licensed premises or deliver alcoholic beverages during the period of suspension or revocation; E. no person whose server permit is suspended may serve or deliver alcoholic beverages on or after the date of suspension unless the person obtains a new server permit in accordance with the provisions of the Alcohol Server Education Article of the Liquor Control Act; and F. nothing in the Alcohol Server Education Article of the Liquor Control Act shall be interpreted to waive a permit holder's or license holder's liability that may arise pursuant to the provisions of the Liquor Control Act. 1978 Comp., § 60-6D-18, enacted by Laws 1999, ch. 277, § 9; recompiled as 1978 Comp., § 60-6E-8; 2021, ch. 7, § 22.

NMSA 1978, § 60-6E-9 Alcohol server education; required for license renewal

60-6E-9. Alcohol server education; required for license renewal 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 that alcoholic beverages were sold, served, delivered or dispensed. 1978 Comp., § 60-6D-19, enacted by Laws 1999, ch. 277, § 10; recompiled as 1978 Comp., § 60-6E-9; 2021, ch. 7, § 23.

NMSA 1978, § 60-6E-10 Administrative proceedings; hearings

60-6E-10. Administrative proceedings; hearings 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 server permit or delivery permit or impose a fine on a server, or impose a combination of those penalties, only if the server violates the provisions of Section 60-7A-16 or 60-7B-1 NMSA 1978. 1978 Comp., § 60-6D-20, enacted by Laws 1999, ch. 277, § 11; recompiled as 1978 Comp., § 60-6E-10; 2021, ch. 7, § 24.

NMSA 1978, § 60-6E-11 Advisory committee created; members; meetings

60-6E-11. Advisory committee created; members; meetings 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; (4) the chief of the traffic safety bureau of the state highway and transportation department or his designee; (5) three representatives from the retail liquor industry; (6) a representative from the wholesale liquor industry; (7) a representative from the insurance industry; and (8) a representative from a nonprofit organization whose primary purpose is to reduce drunk driving in New Mexico. B. The representative members of the committee shall be selected by the director. The director shall serve as chair of the committee. C. The committee shall meet as often as necessary to conduct business, but no less than twice a year. Meetings shall be called by the director. Five members shall constitute a quorum. 1978 Comp., § 60-6D-21, enacted by Laws 1999, ch. 277, § 12; recompiled as 1978 Comp., § 60-6E-11.

NMSA 1978, § 60-6E-12 Advisory committee; duties

60-6E-12. Advisory committee; duties 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 of alcohol server education programs that meet the minimum standards of the alcohol server education advisory committee. 1978 Comp., § 60-6D-22, enacted by Laws 1999, ch. 277, § 13; recompiled as 1978 Comp., § 60-6E-12.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18563/index.doFetched: 10/20/2026