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.
History: Laws 1981, ch. 39, § 80.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and effect of statutes, ordinances, or regulations prohibiting or regulating advertising of intoxicating liquors, 20 A.L.R.4th 600.
48 C.J.S. Intoxicating Liquors § 201.
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.