NMSA 1978, § 60-3A-1 Short title
60-3A-1. Short title
Chapter 60, Articles 3A, 5A, 6A, 6B, 6C, 6E, 7A, 7B and 8A NMSA 1978 may be cited as the "Liquor Control Act".
Laws 1981, ch. 39, § 1; 1984, ch. 85, § 9; 2015, ch. 3, § 27; 2015, ch. 102, § 1.
General Provisions
NMSA 1978 ch. 60, art. 3A
in effectNMSA 1978, § 60-3A-2 Liquor policy of state; investigation of applicants; responsibility of licensees
60-3A-2. Liquor policy of state; investigation of applicants; responsibility of licensees
A. It is the policy of the Liquor Control Act that the sale, service and public consumption of alcoholic beverages in the state shall be licensed, regulated and controlled so as to protect the public health, safety and morals of every community in the state; and it is the responsibility of the director to investigate the qualifications of all applicants for licenses under that act, to investigate the conditions existing in the community in which the premises for which any license is sought are located before the license is issued, to the end that licenses shall not be issued to persons or for locations when the issuance is prohibited by law or contrary to the public health, safety or morals.
B. It is the intent of the Liquor Control Act that each person to whom a license is issued shall be fully liable and accountable for the use of the license, including but not limited to liability for all violations of the Liquor Control Act and for all taxes charged against the license.
Laws 1981, ch. 39, § 2.
NMSA 1978, § 60-3A-3 Definitions
60-3A-3. Definitions
As used in the Liquor Control Act:
A. "alcoholic beverages" means distilled or rectified spirits, potable alcohol, powdered alcohol, frozen or freeze-dried alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half percent alcohol, but excluding medicinal bitters;
B. "beer" means an alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt and hops or other cereals in water, and includes porter, beer, ale and stout;
C. "brewer" means a person who owns or operates a business for the manufacture of beer;
D. "cider" means an alcoholic beverage made from the normal alcoholic fermentation of the juice of sound, ripe apples or pears that contains not less than one-half of one percent alcohol by volume and not more than eight and one-half percent alcohol by volume;
E. "club" means:
(1) any nonprofit group, including an auxiliary or subsidiary group, organized and operated under the laws of this state, with a membership of not less than fifty members who pay membership dues at the rate of not less than five dollars ($5.00) per year and who, under the constitution and bylaws of the club, have all voting rights and full membership privileges, and which group is the owner, lessee or occupant of premises used exclusively for club purposes and which group the director finds:
(a) is operated solely for recreation, social, patriotic, political, benevolent or athletic purposes; and
(b) has been granted an exemption by the United States from the payment of the federal income tax as a club under the provisions of Section 501(a) of the Internal Revenue Code of 1986, as amended, or, if the applicant has not operated as a club for a sufficient time to be eligible for the income tax exemption, it must execute and file with the director a sworn letter of intent declaring that it will, in good faith, apply for an income tax exemption as soon as it is eligible; or
(2) an airline passenger membership club operated by an air common carrier that maintains or operates a clubroom at an airport terminal. As used in this paragraph, "air common carrier" means a person engaged in regularly scheduled air transportation between fixed termini under a certificate of public convenience and necessity issued by the federal aviation administration;
F. "commission" means the secretary of public safety when the term is used in reference to the enforcement and investigatory provisions of the Liquor Control Act and means the superintendent of regulation and licensing when the term is used in reference to the licensing provisions of the Liquor Control Act;
G. "department" means the New Mexico state police division of the department of public safety when the term is used in reference to the enforcement and investigatory provisions of the Liquor Control Act and means the director of the alcoholic beverage control division of the regulation and licensing department when the term is used in reference to the licensing provisions of the Liquor Control Act;
H. "director" means the chief of the New Mexico state police division of the department of public safety when the term is used in reference to the enforcement and investigatory provisions of the Liquor Control Act and means the director of the alcoholic beverage control division of the regulation and licensing department when the term is used in reference to the licensing provisions of the Liquor Control Act;
I. "dispenser" means a person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in the person's possession with the intent to sell alcoholic beverages both by the drink for consumption on the licensed premises and in unbroken packages, including locally produced growlers, for consumption and not for resale off the licensed premises;
J. "distiller" means a person engaged in manufacturing spirituous liquors;
K. "golf course" means a tract of land and facilities used for playing golf and other recreational activities that includes tees, fairways, greens, hazards, putting greens, driving ranges, recreational facilities, patios, restaurants, banquet halls, pro shops, cart paths and public and private roads that are located within the tract of land;
L. "governing body" means the board of county commissioners of a county or the city council or city commissioners of a municipality;
M. "growler" means a clean, refillable, resealable container that has a liquid capacity that does not exceed one gallon and that is intended and used for the sale of New Mexico-produced beer, wine or cider for consumption off premises;
N. "hotel" means an establishment or complex having a resident of New Mexico as a proprietor or manager and where, in consideration of payment, food and lodging are regularly furnished to the general public. The establishment or complex must maintain for the use of its guests a minimum of twenty-five sleeping rooms;
O. "licensed premises" means the contiguous areas of the structure and the grounds that are under the direct control of the licensee; provided that "licensed premises" includes a restaurant that has operated continuously in two separate structures since July 1, 1987 and that is located in a local option district that has voted to disapprove the transfer of liquor licenses into that local option district, hotel, golf course, ski area or racetrack and all public and private rooms, facilities and areas in which alcoholic beverages are sold or served in the customary operating procedures of the restaurant, hotel, golf course, ski area or racetrack. "Licensed premises" also includes rural dispenser licenses located in the unincorporated areas of a county with a population of less than thirty thousand, located in buildings in existence as of January 1, 2012, that are within one hundred fifty feet of one another and that are under the direct control of the license holder;
P. "local option district" means a county that has voted to approve the sale, serving or public consumption of alcoholic beverages, or an incorporated municipality that falls within a county that has voted to approve the sale, serving or public consumption of alcoholic beverages, or an incorporated municipality of over five thousand population that has independently voted to approve the sale, serving or public consumption of alcoholic beverages under the terms of the Liquor Control Act or any former act;
Q. "manufacturer" means a distiller, rectifier, brewer or winer;
R. "minor" means a natural person under twenty-one years of age;
S. "package" means a container of alcoholic beverages that is filled or packed by a manufacturer or wine bottler for sale by the manufacturer or wine bottler to wholesalers;
T. "person" means an individual, corporation, firm, partnership, copartnership, association or other legal entity;
U. "rectifier" means a person who blends, mixes or distills alcohol with other liquids or substances for the purpose of making an alcoholic beverage for the purpose of sale other than to the consumer by the drink, and includes all bottlers of spirituous liquors;
V. "restaurant" means an establishment having a New Mexico resident as a proprietor or manager that is held out to the public as a place where food is prepared and served primarily for on-premises consumption to the general public in consideration of payment and that has a dining room, a kitchen and the employees necessary for preparing, cooking and serving food; provided that "restaurant" does not include establishments as defined in rules promulgated by the director serving only hamburgers, sandwiches, salads and other fast foods;
W. "retailer" means a person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in the person's possession with the intent to sell alcoholic beverages in unbroken packages, including growlers, for consumption and not for resale off the licensed premises;
X. "ski area" means a tract of land and facilities for the primary purpose of alpine skiing, snowboarding or other snow sports with trails, parks and at least one chairlift with uphill capacity and may include facilities necessary for other seasonal or year-round recreational activities;
Y. "spirituous liquors" means alcoholic beverages as defined in Subsection A of this section except fermented beverages such as wine, beer and cider;
Z. "wholesaler" means a person whose place of business is located in New Mexico and who sells, offers for sale or possesses for the purpose of sale any alcoholic beverages for resale by the purchaser;
AA. "wine" means alcoholic beverages obtained by the fermentation of the natural sugar contained in fruit or other agricultural products, with or without the addition of sugar or other products, that do not contain less than one-half percent nor more than twenty-one percent alcohol by volume;
BB. "wine bottler" means a wholesaler who is licensed to sell wine at wholesale for resale only and who buys wine in bulk and bottles it for wholesale resale;
CC. "winegrower" means a person who owns or operates a business for the manufacture of wine or cider;
DD. "winer" means a winegrower; and
EE. "winery" means a licensed premises in which a winegrower manufactures and stores wine or cider.
Laws 1981, ch. 39, § 3; 1984, ch. 58, § 1; 1987, ch. 254, § 23; 1998, ch. 109, § 1; 1999, ch. 64, § 1; 2001, ch. 86, § 2; 2004, ch. 22, § 1; 2009, ch. 139, § 1; 2012, ch. 25, § 1; 2015, ch. 3, § 28; 2015, ch. 102, § 2; 2016, ch. 73, § 1; 2016, ch. 76, § 1; 2019, ch. 29, § 2; 2019, ch. 229, § 3; 2021, ch. 7, § 5.
NMSA 1978, § 60-3A-4 Storage permitted
60-3A-4. Storage permitted
Nothing in the Liquor Control Act shall be construed to prohibit the storage of alcoholic beverages in bona fide public warehouses or guardian warehouses by nonresident licensees or wholesalers for usual and ordinary commercial purposes.
Laws 1981, ch. 39, § 72.
NMSA 1978, § 60-3A-5 Exemptions from act
60-3A-5. Exemptions from act
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 following purposes:
(1) scientific, mechanical, industrial, medical, chemical or culinary purposes;
(2) use by those authorized to procure the same tax free, as provided by the acts of congress and regulations promulgated thereunder; or
(3) in the manufacture of denatured alcohol produced and used as provided by the acts of congress and regulations promulgated thereunder; or
D. the sale, service, possession or public consumption of alcoholic beverages by any person within the boundaries of lands over which an Indian nation, tribe or pueblo has jurisdiction if the alcoholic beverages are purchased from New Mexico wholesalers and if the sale, service, possession or public consumption of alcoholic beverages is authorized by the laws of the Indian nation, tribe or pueblo having jurisdiction over those lands and is consistent with the ordinance of the Indian nation, tribe or pueblo certified by the secretary of the interior and published in the federal register according to the laws of the United States.
Laws 1981, ch. 39, § 112; 1995, ch. 203, § 1.
NMSA 1978, § 60-3A-6 Authority of department of public safety
60-3A-6. Authority of department of public safety
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 director of the alcohol and gaming division of the regulation and licensing department.
1978 Comp., § 60-3A-6, enacted by Laws 1987, ch. 254, § 24; 2001, ch. 86, § 3.
NMSA 1978, § 60-3A-6.1 Local law enforcement; department of public safety; reporting requirements; authority to request investigations
60-3A-6.1. Local law enforcement; department of public safety; 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 report alleged violations of that act to the alcohol and gaming division of the regulation and licensing department.
B. The director of the alcohol and gaming division of the regulation and licensing department may request the investigators of the department of public safety to investigate licensees or activities that the director has reasonable cause to believe are in violation of the Liquor Control Act.
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.
NMSA 1978, § 60-3A-7 Authority of the alcoholic beverage control division
60-3A-7. Authority of the alcoholic beverage control division
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 public safety to provide investigatory and enforcement support as deemed necessary.
1978 Comp., § 60-3A-7, enacted by Laws 1987, ch. 254, § 25; 2001, ch. 86, § 4; 2019, ch. 29, §3.
NMSA 1978, § 60-3A-8 Powers and duties of the director of the alcoholic beverage control division
60-3A-8. Powers and duties of the director of the alcoholic 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 that the division administers, including the Liquor Control Act. The director shall request the department of public safety to enforce the provisions of the Liquor Control Act as deemed necessary;
B. exercise general supervisory authority over all employees of the division;
C. organize the division into units to enable it to function most effectively;
D. confer authority and delegate responsibility as is necessary and appropriate;
E. employ, within the limitations of current appropriations and personnel laws, persons as are required to discharge the director's duties;
F. undertake studies and conduct courses of instruction for division employees that will improve the operations of the division and advance its purposes; and
G. require compliance by employees of the division with the director's verbal and written instructions by whatever disciplinary means appropriate.
Laws 2001, ch. 86, § 5; 2019, ch. 29, § 4.
NMSA 1978, § 60-3A-8.1 Investigative authority and powers
60-3A-8.1. Investigative authority and powers
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 oath concerning the subject matter of the inquiry and to make a permanent record of the proceedings.
B. The director is vested with the power to issue subpoenas. In no case shall a subpoena be made returnable less than five days from the date of service.
C. Any subpoena issued by the director shall state with reasonable certainty the nature of the evidence required to be produced, the time and place of the hearing, the nature of the inquiry or investigation and the consequences of failure to obey the subpoena, and shall bear the seal of the department and be attested to by the director.
D. After service of a subpoena upon a person, if the person neglects or refuses to appear or produce records or other evidence in response to the subpoena or neglects or refuses to give testimony, as required, the director may invoke the aid of the New Mexico district courts in the enforcement of the subpoena. In appropriate cases, the court shall issue its order requiring the person to appear and testify or produce the person's books or records and may, upon failure of the person to comply with the order, punish the person for contempt.
E. The director may exchange identification records and information with law enforcement agencies for official use. Identification records received from the United States department of justice, including identification records based on fingerprints, shall be used only to effectuate the licensing purposes and provisions of the Liquor Control Act. The department shall not disseminate such information except to other law enforcement agencies for official use only.
F. For the purposes of this section, "director" means the director of the alcohol and gaming division of the regulation and licensing department.
Laws 1981, ch. 39, § 7; 1978 Comp., § 60-4B-4 recompiled and amended as § 60-3A-8.1 by Laws 2015, ch. 3, § 30.
NMSA 1978, § 60-3A-9 Administrative authority and powers
60-3A-9. Administrative authority and powers
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 testify under oath concerning the subject matter of the inquiry and to make a permanent record of the proceedings.
B. The director, through the legal counsel for the alcohol and gaming division of the regulation and licensing department, is vested with the power to issue subpoenas. In no case shall a subpoena be made returnable less than five days from the date of service.
C. A subpoena issued by the legal counsel for the alcohol and gaming division of the regulation and licensing department shall state with reasonable certainty the nature of the evidence required to be produced, the time and place of the hearing, the nature of the inquiry or investigation and the consequences of failure to obey the subpoena, and shall bear the seal of the department and be attested to by the director.
D. After service of a subpoena upon him, if a person neglects or refuses to appear or produce records or other evidence in response to the subpoena or neglects or refuses to give testimony, as required, the director may invoke the aid of the New Mexico district courts in the enforcement of the subpoena. In appropriate cases, the court shall issue its order requiring the person to appear and testify or produce his books or records and may, upon failure of the person to comply with the order, punish the person for contempt.
E. The alcohol and gaming division of the regulation and licensing department shall require criminal history background checks for purposes of administering the licensing provisions of the Liquor Control Act. For purposes of conducting the criminal history background check, the alcohol and gaming division shall require the fingerprinting of applicants for liquor licenses as required by the Liquor Control Act. Fingerprint cards shall be submitted by the director to the department of public safety records bureau for processing through the federal bureau of investigation. The director shall establish procedures within the alcohol and gaming division to maintain the confidentiality of information received from the department of public safety and the federal bureau of investigation.
Laws 2001, ch. 86, § 6.
NMSA 1978, § 60-3A-10 Administrative rules and orders; presumption of correctness
60-3A-10. Administrative rules and orders; presumption of correctness
A. The director shall issue and file as required by law all rules and orders necessary to administer the licensing provisions of the Liquor Control Act.
B. Directives issued by the director shall be in form substantially as follows:
(1) rules are written statements of the director, of general application to licensees, interpreting and exemplifying the statutes to which they relate;
(2) rulings are written statements of the director interpreting the statutes to which they relate and are of limited application to one or a small number of licensees; and
(3) orders are written statements of the director to implement his decision after a hearing.
C. To be effective, a rule shall first be issued as a proposed rule and filed for public inspection in the office of the director. Distribution of the rule shall be made to interested persons and their comments shall be invited. After the proposed rule has been on file for thirty days and a public hearing has been held, the director may issue it as a final rule by filing as required by law.
D. The director shall furnish a copy of the rules to all licensees and other interested persons at a nominal cost.
E. A rule or order issued by the director is presumed to be a proper implementation of the licensing provisions of the Liquor Control Act.
F. All rules and orders shall be applied prospectively only.
Laws 2001, ch. 86, § 7.
NMSA 1978, § 60-3A-11 Written decisions by director
60-3A-11. Written decisions by director
Every decision by the director relating to the granting or denial of a license, the transfer of a license or the revocation or suspension of a license, or other disposition of a charge against a licensee, shall be accompanied by a written order containing findings of fact and the specific grounds relied upon for the decision.
Laws 2001, ch. 86, § 8.
NMSA 1978, § 60-3A-12 Partially consumed bottle of wine; licensed premises
60-3A-12. Partially consumed bottle of wine; licensed premises
A. Notwithstanding any other provision of law, a dispenser, canopy licensee or restaurant licensee may permit a customer of the licensee to remove from the licensed premises one opened bottle of partially consumed wine; provided that:
(1) the customer has purchased a full-course meal and a bottle of wine and consumed a portion of the bottle of wine with the meal on the licensed premises; and
(2) the dispenser, canopy licensee or restaurant licensee or an agent or employee of the dispenser, canopy licensee or restaurant licensee attaches the customer receipt issued for the bottle of wine and reseals the bottle of partially consumed wine by reinserting a cork and sealing the bottle in a tamper-proof bag.
B. Notwithstanding any other provision of law, a winery licensee may permit a customer of the licensee to remove from the licensed premises one opened bottle of partially consumed wine; provided that the winery licensee or an agent or employee of the winery licensee attaches the customer receipt issued for the bottle of wine and reseals the bottle of partially consumed wine by reinserting a cork and sealing the bottle in a tamper-proof bag.
C. When operating a motor vehicle, the customer shall possess and transport the partially consumed bottle of wine in accordance with Section 66-8-138 NMSA 1978.
Laws 2007, ch. 78, § 1; 2019, ch. 58, § 1.
NMSA 1978, § 60-3A-13 Prohibited sale of certain spirituous liquors
60-3A-13. Prohibited sale of certain spirituous liquors
A liquor license holder shall not sell for consumption off premises closed containers containing fewer than three fluid ounces of spirituous liquors.
1978 Comp., § 60-3A-13, enacted by Laws 2021, ch. 7, § 6.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18563/index.doFetched: 10/20/2026