A. Any premises used for the unlawful purpose of sale, manufacture, storage, possession or consumption of alcoholic beverages in violation of the Liquor Control Act [60-3A-1 NMSA 1978] is a public nuisance.
B. The district attorney in the county in which the nuisance exists is authorized to maintain an action to abate and temporarily and permanently enjoin the nuisance. The district attorney shall not be required to post bond.
C. Upon final judgment, the court shall enjoin the owner, lessee, tenant or occupant from maintaining or assisting in maintaining the nuisance, and shall order the premises to be closed until bond is furnished with sufficient surety in such sum as the court in its discretion shall by order and judgment provide, conditioned that the premises will not be maintained as a public nuisance.
History: Laws 1981, ch. 39, § 92.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors §§ 77, 441, 449.
Constitutionality of statute relating to injunctions against crime or abatement of nuisance arising from violation of liquor law, 49 A.L.R. 635.
Public dances or dance halls as nuisances, 44 A.L.R.2d 1381.
48 C.J.S. Intoxicating Liquors §§ 248, 405, 407, 408.
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.