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.
History: Laws 1981, ch. 39, § 79; 1987, ch. 13, § 1; 1999, ch. 114, § 1; 2021, ch. 7, § 28.
The 2021 amendment, effective July 1, 2021, increased the number of times a licensed club may allow its facilities, including its licensed premises, to be used for activities other than its own for fundraising events held by other nonprofit organizations; and in Subsection C, after "no more than", changed "two" to "four".
The 1999 amendment, effective April 1, 1999, in Subsection B, inserted "Except as otherwise provided in this section" at the beginning, inserted Subsection C, and redesignated former Subsection C as Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 129.
48 C.J.S. Intoxicating Liquors § 197.
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.