Regulation of Sales and Service to Minors

NMSA 1978 ch. 60, art. 7B

in effect

NMSA 1978, § 60-7B-1 Selling or giving alcoholic beverages to minors; possession of alcoholic beverages by minors

60-7B-1. Selling or giving alcoholic beverages to minors; 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 has reason to know that the person is violating the provisions of this section, to: (1) sell, serve or give alcoholic beverages to a minor or permit a minor to consume alcoholic beverages on the licensed premises; (2) buy alcoholic beverages for or procure the sale or service of alcoholic beverages to a minor; (3) deliver alcoholic beverages to a minor; or (4) aid or assist a minor to buy, procure or be served with alcoholic beverages. B. It is not a violation of the Liquor Control Act, as provided in Subsection A or C of this section, when: (1) a parent, legal guardian or adult spouse of a minor serves alcoholic beverages to that minor on real property, other than licensed premises, under the control of the parent, legal guardian or adult spouse; or (2) alcoholic beverages are used in the practice of religious beliefs. C. It is a violation of the Liquor Control Act for a minor to buy, attempt to buy, receive, possess or permit the minor's self to be served with alcoholic beverages. D. When a person other than a minor procures another person to sell, serve or deliver alcoholic beverages to a minor by actual or constructive misrepresentation of facts or concealment of facts calculated to cause the person selling, serving or delivering the alcoholic beverages to the minor to believe that the minor is legally entitled to be sold, served or delivered alcoholic beverages and actually deceives that person by that misrepresentation or concealment, then the procurer and not the person deceived shall have violated the provisions of the Liquor Control Act. E. As used in the Liquor Control Act, "minor" means a person under twenty-one years of age. F. In addition to the penalties provided in Section 60-6C-1 NMSA 1978, a violation of the provisions of Subsection A of this section is: (1) a fourth degree felony for an offender, other than a server certified pursuant to Section 60-6E-7 NMSA 1978, who shall be sentenced pursuant to Section 31-18-15 NMSA 1978; (2) a misdemeanor for a first violation if the offender is a server, certified pursuant to Section 60-6E-7 NMSA 1978, who shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; or (3) a fourth degree felony for a second or subsequent violation if the offender is a server, certified pursuant to Section 60-6E-7 NMSA 1978, who shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. G. A violation of the provisions of Subsection C of this section is a misdemeanor and the offender shall be punished as follows: (1) for a first violation, the offender shall be: (a) fined an amount not more than one thousand dollars ($1,000); and (b) ordered by the sentencing court to perform thirty hours of community service related to reducing the incidence of driving while under the influence of intoxicating liquor; (2) for a second violation, the offender shall: (a) be fined an amount not more than one thousand dollars ($1,000); (b) be ordered by the sentencing court to perform forty hours of community service related to reducing the incidence of driving while under the influence of intoxicating liquor; and (c) have the offender's driver's license suspended for a period of ninety days. If the minor is too young to possess a driver's license at the time of the violation, then ninety days shall be added to the date the offender would otherwise become eligible to obtain a driver's license; and (3) for a third or subsequent violation, the offender shall: (a) be fined an amount not more than one thousand dollars ($1,000); (b) be ordered by the sentencing court to perform sixty hours of community service related to reducing the incidence of driving while under the influence of intoxicating liquor; and (c) have the offender's driver's license suspended for a period of two years or until the offender reaches twenty-one years of age, whichever period of time is greater. H. A violation of the provisions of Subsection D of this section is a fourth degree felony and the offender shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. 1978 Comp., § 60-7B-1, enacted by Laws 1993, ch. 68, § 22; 1998, ch. 80, § 1; 1998, ch. 101, § 1; 2004, ch. 43, § 1; 2013, ch. 213, § 3.

NMSA 1978, § 60-7B-2 Documentary evidence of age and identity

60-7B-2. Documentary evidence of age and identity 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 identification card issued to a member of the armed forces. B. An identity document is valid for the purposes of the Liquor Control Act [60-3A-1 NMSA 1978] even if it has expired. C. Except for deliveries of alcoholic beverages pursuant to Section 4 [60-6A-37 NMSA 1978] of this 2021 act, it is unnecessary to ask for an identity document if the person clearly looks older than thirty-five years of age. Laws 1981, ch. 39, § 82; 1985, ch. 184, § 1; 2021, ch. 7, § 30.

NMSA 1978, § 60-7B-5 Refusal to sell, serve or deliver alcoholic beverages to person unable to produce identity card

60-7B-5. Refusal to sell, serve or deliver alcoholic beverages to 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 identity card as evidence that the person is twenty-one years of age or over. B. An identity document is valid for the purposes of the Liquor Control Act even if it has expired. C. Except for deliveries of alcoholic beverages pursuant to Section 4 [60-6A-37 NMSA 1978] of this 2021 act, it is unnecessary to ask for an identity document if the person clearly looks older than thirty-five years of age. Laws 1981, ch. 39, § 85; 1985, ch. 184, § 2; 1993, ch. 68, § 23; 2021, ch. 7, § 31.

NMSA 1978, § 60-7B-6 Demanding and seeing identity card before furnishing alcoholic beverages

60-7B-6. Demanding and seeing identity card before furnishing 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 beverages to minors, proof that the accused licensee or alcoholic beverage delivery permittee in good faith demanded and was shown an identity card as evidence the person is twenty-one years of age or older before furnishing any alcoholic beverages to a minor shall be a defense to the prosecution or proceedings. Laws 1981, ch. 39, § 86; 1985, ch. 184, § 3; 2021, ch. 7, § 32.

NMSA 1978, § 60-7B-7 Presenting false evidence of age or identity

60-7B-7. Presenting false evidence of age or identity 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 attempting to procure any alcoholic beverages, is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Laws 1981, ch. 39, § 87; 1985, ch. 184, § 4; 1991, ch. 119, § 2; 1993, ch. 68, § 24.

NMSA 1978, § 60-7B-8 Delivery of identity card to minor for use in obtaining alcoholic beverages

60-7B-8. Delivery of identity card to minor for use in obtaining 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 shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Laws 1981, ch. 39, § 88; 1991, ch. 119, § 3.

NMSA 1978, § 60-7B-9 Penalty

60-7B-9. Penalty 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. Laws 1981, ch. 39, § 89; 1991, ch. 119, § 4.

NMSA 1978, § 60-7B-10 Minors in licensed premises; regulations

60-7B-10. Minors in licensed premises; regulations 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 Control Act [60-3A-1 NMSA 1978]. B. A minor shall not enter or attempt to enter any area of a licensed premises that is posted or otherwise identified as being prohibited to the use of minors, except as authorized by regulation or as necessitated by an emergency. A person who violates the provisions of this subsection is guilty of a petty misdemeanor and shall be punished pursuant to the provisions of Section 31-19-1 NMSA 1978. C. The director of the alcohol and gaming division of the regulation and licensing department shall adopt regulations classifying the types of licensed premises or areas of licensed premises where minors may be present. The director shall require that signs issued by the division be posted by licensees to inform the public, including minors, of the areas in licensed premises that are open to minors. The regulations may allow minors in those areas of licensed premises where: (1) the consumption of alcoholic beverages is the primary activity, when a minor is accompanied by a parent, adult spouse or legal guardian; (2) there is no consumption of alcoholic beverages; or (3) the minor is at least eighteen years of age and licensed under the New Mexico Commercial Driver's License Act [66-5-52 to 66-5-72 NMSA 1978] and is making a delivery of packaged alcoholic beverages to a holder of a dispenser's, retailer's, restaurant, club, small brewer, winegrower, craft distiller, manufacturer's or rectifier or any other license that allows for the purchase and delivery of alcoholic beverages. Laws 1981, ch. 39, § 90; 1991, ch. 119, § 5; 1993, ch. 68, § 25; 1994, ch. 50, § 1; 2019, ch. 103, § 1.

NMSA 1978, § 60-7B-11 Employment of minors

60-7B-11. Employment of minors 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 the service of any minor in the sale and service of alcoholic beverages. B. A person holding a dispenser's, restaurant or club license may employ persons eighteen years of age or older to sell or serve alcoholic beverages in an establishment that is held out to the public as a place where meals are prepared and served and the primary source of revenue is food, and where the sale or consumption of alcoholic beverages is not the primary activity, except that a person under twenty-one years of age shall not be employed as a bartender or deliverer. C. A person holding a wholesaler's license may employ persons eighteen years of age or older who are licensed pursuant to the New Mexico Commercial Driver's License Act [66-5-52 to 66-5-72 NMSA 1978] to engage in activities customary to warehouse operations and to handle and deliver alcoholic beverages to licensees holding a dispenser's, retailer's, restaurant, club, small brewer, winegrower, craft distiller, manufacturer's, rectifier or any other license that allows for the purchase and delivery of alcoholic beverages by a licensed wholesaler, as long as the minor delivers sealed, unbroken packages, including containers such as bottles, cans and kegs. A person under the age of twenty-one shall not be allowed to sample alcoholic beverages to accounts. Laws 1981, ch. 39, § 91; 1993, ch. 68, § 26; 1999, ch. 119, § 1; 2019, ch. 103, § 2; 2021, ch. 7, § 33.

NMSA 1978, § 60-7B-12 Beer kegs; labeling; notice

60-7B-12. Beer kegs; labeling; notice 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 and address and date of birth of the purchaser, the control number and the date of purchase for every keg sold on the notice form required by Subsection B of this section. B. The superintendent of regulation and licensing shall prescribe a suitable notice form which shall include the pertinent provisions of Chapter 60, Article 7B NMSA 1978 and the penalty for violating the provisions of Chapter 60, Article 7B NMSA 1978. The notice form shall also contain a place for the name, address and driver's license number or other suitable identification for the person purchasing the keg. Every person who buys a keg at retail shall sign the form acknowledging that they have read the form. The signed forms shall be kept by the retailer until the keg is returned to that retailer, or six months, whichever is less, and shall be made available to law enforcement officials upon request. C. As used in this section "keg" means a package of beer containing more than six gallons of beer at the time it is sold. Laws 1989, ch. 140, § 1.

NMSA 1978, § 60-7B-13 Stocking alcoholic beverages in wet bars in hotel guest rooms prohibited; room service

60-7B-13. Stocking alcoholic beverages in wet bars in hotel guest 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 contained in a locked compartment, the key to which may be made available to a guest after he has produced evidence of his age and identity by any document that contains a picture of the guest issued by a federal, state, county or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle driver's license or an identification card issued to a member of the armed forces. B. Nothing in this section shall be construed to prevent: (1) the consumption of alcoholic beverages by any person in a hotel guest room or sleeping room; or (2) the sale or delivery of alcoholic beverages through room service to persons in hotel guest rooms or sleeping rooms; provided any employee of a hotel proprietor or manager delivering alcoholic beverages to a sleeping room may require that an identity card showing proof of age be shown to assure that alcoholic beverages are not sold, delivered or served to a minor in violation of the Liquor Control Act. C. As used in this section, "wet bar" means a refrigerator, ice chest, cabinet, cupboard, pantry or similar container or storage area that is customarily used to store alcoholic or nonalcoholic beverages for consumption. Laws 1993, ch. 68, § 27.

NMSA 1978, § 60-7B-14 Substance-related poisoning prevention; limited immunity

60-7B-14. Substance-related poisoning prevention; limited 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 any of the following if the evidence for the alleged violation was obtained as a result of the need for seeking medical assistance: (1) the provisions of Section 60-7B-1 or 60-7B-9 NMSA 1978; (2) a restraining order; or (3) the conditions of probation or parole. B. A person who experiences an alcohol- or drug-related overdose and is in need of medical assistance shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the evidence for the alleged violation was obtained as a result of the overdose and the need for seeking medical assistance: (1) the provisions of Section 60-7B-1 or 60-7B-9 NMSA 1978; (2) a restraining order; or (3) the conditions of probation or parole. C. The act of seeking medical assistance for someone who is experiencing an alcohol- or drug-related overdose may be used as a mitigating factor in a criminal prosecution pursuant to the Liquor Control Act [60-3A-1 NMSA 1978] for which immunity is not provided pursuant to this section. D. For the purposes of this section, "seeking medical assistance" means: (1) reporting an alcohol- or drug-related overdose or other medical emergency to law enforcement, the 911 system or another emergency dispatch system, a poison control center or to a health care provider; or (2) assisting an individual who is reporting an alcohol- or drug-related overdose or providing care to an individual who is experiencing an alcohol- or drug-related overdose or other medical emergency while awaiting the arrival of a health care provider. Laws 2019, ch. 211, § 11.

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