Offenses

NMSA 1978 ch. 60, art. 7A

in effect

NMSA 1978, § 60-7A-1 Hours and days of business

60-7A-1. Hours and days of business 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 provided in Subsection C of this section, alcoholic beverages may be sold by a dispenser or a retailer in unbroken packages, for consumption off the licensed premises and not for resale from 7:00 a.m. until midnight. C. The governing body of a local option district that is a class B county with a population greater than seventy thousand and less than seventy-six thousand according to the most recent federal decennial census or that is a municipality located within a class B county with a population greater than seventy thousand and less than seventy-six thousand according to the most recent federal decennial census may pass an ordinance to place restrictions, in addition to those provided in this section, on the hours during which a dispenser or retailer may sell alcoholic beverages in unbroken packages for consumption off the licensed premises and not for resale. The ordinance may restrict sales between 7:00 a.m. and 10:00 a.m. and shall provide the hours between 7:00 a.m. and 10:00 a.m., if any, during which a dispenser or retailer may sell alcoholic beverages in unbroken packages for consumption off the licensed premises and not for resale. Laws 1981, ch. 39, § 47; 1984, ch. 58, § 6; 1987, ch. 321, § 1; 1989, ch. 331, § 1; 1989, ch. 332, § 1; 1991, ch. 255, § 1; 1992, ch. 14, § 2; 1993, ch. 68, § 14; 1995, ch. 34, § 1; 1998 (1st S.S.), ch. 16, § 2; 1999, ch. 101, § 1; 2002, ch. 104, § 1; 2013, ch. 209, § 1; 2017, ch. 9, § 1; 2017, ch. 49, § 1; 2018, ch. 79, § 99; 2019, ch. 212, § 237; 2021, ch. 7, § 25.

NMSA 1978, § 60-7A-3 Transportation into state without permit; exportation of alcoholic beverages without permit; importation for private use; reciprocal shipping; when unlawful

60-7A-3. Transportation into state without permit; exportation of 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 shipment of alcoholic beverages from another state to a person in this state without receiving at the time of delivery a permit issued by the department covering the quantity and class of alcoholic beverages to be delivered and requiring the shipment be transported from the shipper designated in the permit to the designated consignee and from the designated point of origin to the destination designated in the permit. B. Except as provided in Subsections D through F of this section, it is a violation of the Liquor Control Act for a person other than a registered common carrier to knowingly transport from another state and deliver in this state alcoholic beverages, unless the person has in the person's possession on entering New Mexico a permit from the department for the quantity and class of alcoholic beverages to be delivered, designating the name of the shipper and consignee and the point of origin and destination of the alcoholic beverages. C. Except as provided in Subsections D and E of this section, it is a violation of the Liquor Control Act for a person to transport out of state alcoholic beverages on which the excise tax has not been paid, unless the shipment is accompanied by a permit issued by the department for the exact quantity and class transported, showing the consignee's federal and state license numbers and the point of origin and destination of the alcoholic beverages. D. An individual not a minor may transport into or out of the state a reasonable amount of alcoholic beverages for the exclusive purpose of the individual's private use or consumption, and nothing in the Liquor Control Act limits or applies to such private actions. E. An individual or licensee, except for a person holding a winery license, in a state that affords New Mexico licensees or individuals an equal reciprocal shipping privilege may ship for personal use and not for resale not more than two cases of wine, each case containing no more than nine liters, per month to an individual not a minor in this state. Delivery of a shipment pursuant to this subsection shall not be deemed to constitute a sale in this state and nothing in the Liquor Control Act limits or applies to such shipments. The shipping container of wine sent into or out of this state under this subsection shall be labeled clearly to indicate that the package cannot be delivered to a minor or to an intoxicated person. F. The holder of a direct wine shipment permit issued pursuant to Section 60-6A-11.1 NMSA 1978 may ship no more than two nine-liter cases of wine per month to a person living in New Mexico who is twenty-one years of age or older for the person's personal consumption and not for resale. G. As used in this section, "in this state" means within the exterior boundaries of the state. Laws 1981, ch. 39, § 49; 1987, ch. 96, § 1; 2011, ch. 109, § 2.

NMSA 1978, § 60-7A-4 Sale, shipment and delivery unlawful

60-7A-4. Sale, shipment and delivery unlawful 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 as provided in Section 60-7A-3 NMSA 1978, alcoholic beverages unless the person or the person's principals have secured a nonresident license as provided in Section 60-6A-7 NMSA 1978. B. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] to deliver any alcoholic beverages transported into the state unless the delivery is made in accordance with Section 60-7A-3 NMSA 1978 or Section 4 [60-6A-37 NMSA 1978] of this 2021 act. C. As used in this section, "into the state" means into the exterior boundaries of the state. Laws 1981, ch. 39, § 50; 1987, ch. 96, § 2; 2021, ch. 7, § 26.

NMSA 1978, § 60-7A-4.1 Unlawful sale of alcoholic beverages; criminal penalty; forfeiture

60-7A-4.1. Unlawful sale of alcoholic beverages; criminal penalty; 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 section is guilty of a fourth degree felony. C. Any conveyance used or intended to be used for the purpose of unlawful sale of alcoholic beverages or money which is the fruit or instrumentality of the crime is subject to forfeiture, and the provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of such property. 1978 Comp., § 60-7A-4.1, enacted by Laws 1985, ch. 179, § 1; 1989, ch. 254, § 1; 1993, ch. 68, § 15; 2002, ch. 4, § 19.

NMSA 1978, § 60-7A-4.2 Record of sales; administrative penalties

60-7A-4.2. Record of sales; administrative penalties 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 gallons or more to a single purchaser. The record shall contain the following information: (1) the date of the sale; (2) the name and address of the purchaser; (3) a description of the quantity and type of liquor sold; and (4) when a full case of distilled spirits is included in the sale, the serial number of the case. B. Any person who violates the provisions of Subsection A of this section by failing to maintain a record of sales may be assessed an administrative penalty by the director not to exceed one thousand dollars ($1,000). C. Any person who violates the provisions of Subsection A of this section by failing to maintain, with the intent to defraud, a record of sales may be assessed an administrative penalty by the director not to exceed ten thousand dollars ($10,000). 1978 Comp., § 60-7A-4.2, enacted by Laws 1993, ch. 68, § 16.

NMSA 1978, § 60-7A-5 Manufacture, sale or possession for sale when not permitted by Liquor Control Act; criminal penalty; forfeiture

60-7A-5. Manufacture, sale or possession for sale when not 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 Control Act [60-3A-1 NMSA 1978]. B. Any person who violates the provisions of Subsection A of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. C. Any conveyance used or intended to be used for the unlawful manufacture or sale of alcoholic beverages or any money that is the fruit or instrumentality of unlawful manufacture or sale of alcoholic beverages is subject to forfeiture, and the provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of such property. Laws 1981, ch. 39, § 51; 1993, ch. 68, § 17; 2002, ch. 4, § 20.

NMSA 1978, § 60-7A-6 Possession of liquor manufactured or shipped in violation of law; fourth degree felony; penalty; forfeiture

60-7A-6. Possession of liquor manufactured or shipped in violation 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 of this state. B. Any person who violates the provisions of Subsection A of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. C. Any conveyance used or intended to be used for the unlawful manufacture or transportation of alcoholic beverages or any money that is the fruit or instrumentality of unlawful manufacture or transportation of alcoholic beverages is subject to forfeiture, and the provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of such property. Laws 1981, ch. 39, § 52; 1993, ch. 68, § 18; 2002, ch. 4, § 21.

NMSA 1978, § 60-7A-7 Manufacture of spirituous liquors; felony

60-7A-7. Manufacture of spirituous liquors; felony It is a felony for any person other than a licensed distiller or rectifier to manufacture any spirituous liquors in the state. Laws 1981, ch. 39, § 53.

NMSA 1978, § 60-7A-8 Sales to wholesalers

60-7A-8. Sales to wholesalers 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]. Laws 1981, ch. 39, § 59.

NMSA 1978, § 60-7A-9 Credit extension by wholesalers

60-7A-9. Credit extension by wholesalers 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 lessee for any period more than thirty calendar days from the date of the invoice required under the provisions of Section 60-8A-3 NMSA 1978. A violation of this section does not bar recovery by the wholesaler for the total indebtedness of the retailer, dispenser, canopy licensee, restaurant licensee, club licensee or governmental licensee or its lessee. Laws 1981, ch. 39, § 71; 1985, ch. 39, § 1.

NMSA 1978, § 60-7A-10 Wholesalers prohibited from owning retailer's or dispenser's establishment

60-7A-10. Wholesalers prohibited from owning retailer's or 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 retailer's or dispenser's license. B. This section shall not prevent a wholesaler from owning a dispenser's license directly or indirectly or through an affiliate and operating a business itself or through an affiliate or a lessee under a dispenser's license if: (1) the wholesaler directly or indirectly operates or controls an interest in an establishment or complex maintaining a minimum of one hundred sleeping rooms and having a resident of New Mexico as a proprietor or manager and where, in consideration of payment, meals and lodging are regularly furnished to the general public; and (2) the sale of alcoholic beverages under the dispenser's license is restricted to their consumption on the licensed premises. Laws 1981, ch. 39, § 74; 1991, ch. 5, § 1.

NMSA 1978, § 60-7A-11 Offenses by retailers

60-7A-11. Offenses by retailers 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 beverages purchased from him; C. sell any alcoholic beverages at any place other than his licensed premises; D. sell, possess for the purpose of sale or to have, possess or keep on his licensed premises alcoholic beverages not contained in the unopened, original package; E. buy or receive any alcoholic beverages from any person other than a duly licensed New Mexico wholesaler, or wine wholesaler for the purpose of or with the intent of reselling the alcoholic beverages; or F. directly, indirectly or through any subterfuge own, operate or control any interest in any wholesale liquor establishment or liquor manufacturing or wine bottling firm; provided, that this subsection shall not prevent a retailer from owning stock in any corporation which wholesales, manufactures or bottles alcoholic beverages when he owns the stock for investment purposes only. Laws 1981, ch. 39, § 77; 1988, ch. 60, § 6.

NMSA 1978, § 60-7A-12 Offenses by dispensers, canopy licensees, restaurant licensees, governmental licensees or their lessees and clubs

60-7A-12. Offenses by dispensers, canopy licensees, restaurant 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 purpose or with the intent of reselling the alcoholic beverages from any person unless the person is duly licensed to sell alcoholic beverages to dispensers for resale; B. sell; possess for the purpose of sale; or bottle bulk wine for sale other than by the drink for immediate consumption on its licensed premises; C. directly, indirectly or through subterfuge, own, operate or control any interest in a wholesale liquor establishment or liquor manufacturing or wine bottling firm; provided that this section shall not prevent: (1) a dispenser from owning an interest in a legal entity, directly or indirectly or through an affiliate, that wholesales alcoholic beverages and that operates or controls an interest in an establishment operating pursuant to the provisions of Subsection B of Section 60-7A-10 NMSA 1978; or (2) a small brewer or winegrower licensed pursuant to the Domestic Winery, Small Brewery and Craft Distillery Act [60-6A-21 NMSA 1978] from holding an interest in a legal entity, directly or indirectly or through an affiliate, that holds a restaurant or a dispenser's license and a small brewer and winegrower limited wholesaler's license issued pursuant to the Liquor Control Act; D. sell or possess for the purpose of sale any alcoholic beverages at any location or place except its licensed premises or the location permitted pursuant to the provisions of Section 60-6A-12 NMSA 1978; E. employ or engage a person to sell, serve or dispense alcoholic beverages if the person has not received alcohol server training within thirty days of employment; or F. employ or engage a person to sell, serve, deliver or dispense alcoholic beverages during a period when the server permit of that person is suspended or revoked. Laws 1981, ch. 39, § 78; 1991, ch. 5, § 2; 1999, ch. 277, § 14; 2000, ch. 46, § 2; 2015, ch. 113, § 1; 2021, ch. 7, § 27.

NMSA 1978, § 60-7A-13 Sales by clubs

60-7A-13. Sales by clubs 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 and grounds for suspension or revocation of its license for a club to: (1) solicit by advertising or any other means public patronage of its alcoholic beverage facilities. In the event the club solicits public patronage of its other facilities, alcoholic beverages shall not be sold, served or consumed on the premises while the other facilities are being used by or operated for the benefit of the general public, unless the alcoholic beverage facilities are separate from the other facilities and the general public is not permitted to enter any part of the facilities where alcoholic beverages are being sold, served or consumed; or (2) serve, sell or permit the consumption of alcoholic beverages to persons other than members and their bona fide guests. C. A club licensed pursuant to the provisions of the Liquor Control Act may allow its facilities, including its licensed premises, to be used, for activities other than its own, no more than four times in a calendar year for fundraising events held by other nonprofit organizations. D. For the purposes of this section: (1) "bona fide guest" means a person whose presence in the club is in response to a specific invitation by a member and for whom the member assumes responsibility; and (2) "member" includes the adult spouse and the children of a member who pays membership dues or of a deceased member who paid membership dues or a member of an official auxiliary or subsidiary group of the club who has been issued a personal identification card in accordance with the rules and regulations of the club. Laws 1981, ch. 39, § 79; 1987, ch. 13, § 1; 1999, ch. 114, § 1; 2021, ch. 7, § 28.

NMSA 1978, § 60-7A-14 Filling bottles; misrepresentation of alcoholic beverages

60-7A-14. Filling bottles; misrepresentation of alcoholic beverages 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 by the label, indicia, legend or descriptive matter on the bottle; B. have, allow or permit upon the licensed premises any bottle containing alcoholic beverages of a different kind, class, brand, proof or age from that represented by the label, indicia, legend or descriptive matter appearing on the bottle; C. expressly or impliedly misrepresent the kind, class, brand, proof or age of any alcoholic beverages served by the drink; or D. pour into any empty or partially empty alcoholic beverage bottle, alcoholic beverages of the same kind, class, brand, proof or age as that represented by the label, indicia, legend and descriptive matter appearing on the bottle. Laws 1981, ch. 39, § 80.

NMSA 1978, § 60-7A-15 Public nuisance

60-7A-15. Public nuisance 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 authorized to maintain an action to abate and temporarily and permanently enjoin the nuisance. The district attorney shall not be required to post bond. C. Upon final judgment, the court shall enjoin the owner, lessee, tenant or occupant from maintaining or assisting in maintaining the nuisance, and shall order the premises to be closed until bond is furnished with sufficient surety in such sum as the court in its discretion shall by order and judgment provide, conditioned that the premises will not be maintained as a public nuisance. Laws 1981, ch. 39, § 92.

NMSA 1978, § 60-7A-16 Sale to intoxicated persons

60-7A-16. Sale to intoxicated persons 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 in procurement knows or has reason to know that the person is selling, delivering, serving, procuring or aiding in procurement of alcoholic beverages for a person who is intoxicated. Laws 1981, ch. 39, § 93; 1993, ch. 68, § 19; 2021, ch. 7, § 29.

NMSA 1978, § 60-7A-17 Prostitution; loitering; promoting

60-7A-17. Prostitution; loitering; promoting 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 patron, solicit a patron for a prostitute or solicit for a house of prostitution. B. No municipality shall enact any ordinance or resolution inconsistent with the provisions of Subsection A of this section. Laws 1981, ch. 39, § 94.

NMSA 1978, § 60-7A-19 Commercial gambling on licensed premises

60-7A-19. Commercial gambling on licensed premises 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 or revoked or a fine imposed, or both, pursuant to the Liquor Control Act. C. As used in this section: (1) "commercial gambling" means: (a) participating in the earnings of or operating a gambling place; (b) receiving, recording or forwarding bets or offers to bet; (c) possessing facilities with the intent to receive, record or forward bets or offers to bet; (d) for gain, becoming a custodian of anything of value bet or offered to be bet; (e) conducting a lottery where both the consideration and the prize are money, or whoever with intent to conduct a lottery possesses facilities to do so; or (f) setting up for use for the purpose of gambling, or collecting the proceeds of, a gambling device or game; and (2) "commercial gambling" does not mean: (a) activities authorized pursuant to the New Mexico Lottery Act [Chapter 6, Article 24 NMSA 1978]; (b) the conduct of activities pursuant to Subsection B of Section 30-19-6 NMSA 1978 on the licensed premises of the holder of a club license; and (c) gaming authorized pursuant to the Gaming Control Act [Chapter 60, Article 2E NMSA 1978] on the premises of a gaming operator licensee licensed pursuant to that act. Laws 1981, ch. 39, § 96; 1997, ch. 190, § 68; 2011, ch. 176, § 1.

NMSA 1978, § 60-7A-20 False complaints; misdemeanor

60-7A-20. False complaints; misdemeanor 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. Laws 1981, ch. 39, § 106.

NMSA 1978, § 60-7A-21 Possession or display of United States license

60-7A-21. Possession or display of United States license 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 service shall be prima facie evidence that the person possessing or displaying the license, or to whom it was issued, is engaged in the business of selling alcoholic beverages, at the place for which it was issued or where it is displayed, in violation of the laws of New Mexico, and a certified copy of the records of the district director of the internal revenue service showing the issuance of the license or the payment of the tax therefor shall be admissible as evidence in any prosecution. Laws 1981, ch. 39, § 107.

NMSA 1978, § 60-7A-22 Drinking in public establishments; selling or serving alcoholic beverages other than in licensed establishments; selling or delivering alcoholic beverages from a drive-up window

60-7A-22. Drinking in public establishments; selling or serving 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 establishment is licensed to sell and serve alcoholic beverages. B. It is a violation of the Liquor Control Act for any person not a licensee to sell, serve or permit the consumption of alcoholic beverages in his public establishment or private club. C. It is a violation of the Liquor Control Act for any licensee to sell or deliver alcoholic beverages from a drive-up window. Laws 1981, ch. 39, § 108; 1991, ch. 257, § 4; 1998 (1st S.S.), ch. 16, § 3.

NMSA 1978, § 60-7A-23 Possession of wine as prima facie evidence

60-7A-23. Possession of wine as prima facie evidence 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 has manufactured the wine for the purpose of sale and possesses the wine for the purpose of sale in violation of the Liquor Control Act. Laws 1981, ch. 39, § 109.

NMSA 1978, § 60-7A-24 Obstruction of the administration of the Liquor Control Act; criminal penalty; sentencing

60-7A-24. Obstruction of the administration of the Liquor Control 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 be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. B. Any licensee 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 is guilty of violating the Liquor Control Act and shall be punished by fine, suspension or revocation under the procedures of the Liquor Control Act. Laws 1981, ch. 39, § 110; 1993, ch. 68, § 20.

NMSA 1978, § 60-7A-25 Criminal penalties

60-7A-25. Criminal penalties 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 sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. B. Any person convicted of a violation of the Liquor Control Act which is declared by the Liquor Control Act to be a fourth degree felony shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. Laws 1981, ch. 39, § 111; 1991, ch. 119, § 1; 1993, ch. 68, § 21.

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