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.
History: Laws 1981, ch. 39, § 77; 1988, ch. 60, § 6.
Meaning of "package". — In keeping with the usages expressed by and implied from the term "package," such refers to the individual bottles, cans or crocks, as the case may be. 1957 Op. Att'y Gen. No. 57-243.
Delivery of purchase permitted. — When a sale takes place on the licensed premises of a retailer or dispenser, the beverage so purchased may be delivered by the retailer or independent carrier to any location designated by the purchaser. 1958 Op. Att'y Gen. No. 58-15.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 48 C.J.S. Intoxicating Liquors § 237.
Structure New Mexico Statutes
Chapter 60 - Business Licenses
Section 60-7A-1 - Hours and days of business.
Section 60-7A-4 - Sale, shipment and delivery unlawful.
Section 60-7A-4.1 - Unlawful sale of alcoholic beverages; criminal penalty; forfeiture.
Section 60-7A-4.2 - Record of sales; administrative penalties.
Section 60-7A-7 - Manufacture of spirituous liquors; felony.
Section 60-7A-8 - Sales to wholesalers.
Section 60-7A-9 - Credit extension by wholesalers.
Section 60-7A-10 - Wholesalers prohibited from owning retailer's or dispenser's establishment.
Section 60-7A-11 - Offenses by retailers.
Section 60-7A-13 - Sales by clubs.
Section 60-7A-14 - Filling bottles; misrepresentation of alcoholic beverages.
Section 60-7A-15 - Public nuisance.
Section 60-7A-16 - Sale to intoxicated persons.
Section 60-7A-17 - Prostitution; loitering; promoting.
Section 60-7A-19 - Commercial gambling on licensed premises.
Section 60-7A-20 - False complaints; misdemeanor.
Section 60-7A-21 - Possession or display of United States license.
Section 60-7A-23 - Possession of wine as prima facie evidence.