A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for any person to consume alcoholic beverages in any public establishment unless the establishment is licensed to sell and serve alcoholic beverages.
B. It is a violation of the Liquor Control Act for any person not a licensee to sell, serve or permit the consumption of alcoholic beverages in his public establishment or private club.
C. It is a violation of the Liquor Control Act for any licensee to sell or deliver alcoholic beverages from a drive-up window.
History: Laws 1981, ch. 39, § 108; 1991, ch. 257, § 4; 1998 (1st S.S.), ch. 16, § 3.
The 1998 amendment added "; selling or delivering alcoholic beverages from a drive-up window" to the end of the section heading, and rewrote former Subsection C, relating to grandfather provisions for drive-up liquor sales. Laws 1998 (1st S.S.), ch. 16 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective on August 2, 1998, 90 days after adjournment of the legislature.
The 1991 amendment, effective June 14, 1991, deleted "during the ten-year period of economic adjustment" preceding "licensed premises" and made a minor stylistic change in Subsection C.
Knowingly permitting consumption constitutes corpus delicti of offense. — The corpus delicti of the offense charged is knowingly permitting the consumption of intoxicating liquor by appellant in his cafe without a license to do so. State v. Carter, 1954-NMSC-102, 58 N.M. 713, 275 P.2d 847.
Space for dancing and tables part of "establishment". — Space reserved for dancing and tables in connection with a liquor dispensing unit is a part of the licensed "establishment." 1939 Op. Att'y Gen. No. 39-3180.
Serving liquor in bowling alleys permitted. — There is no prohibition against issuing an alcoholic beverage license to a bowling alley, thus permitting the serving of liquor on the premises. 1955 Op. Att'y Gen. No. 55-6278.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 307.
Construction and application of statute or ordinance respecting amusements on premises licensed for sale of intoxicating liquors, 4 A.L.R.2d 1216.
Criminal liability of member or agent of private club or association, or of owner or lessor of its premises, for violation of state or local liquor or gambling laws thereon, 98 A.L.R.3d 694.
Zoning or licensing regulation prohibiting or restricting location of billiard rooms and bowling alleys, 100 A.L.R.3d 252.
Validity and construction of statute or ordinance making it offense to have possession of open or unsealed alcoholic beverage in public place, 39 A.L.R.4th 668.
48 C.J.S. Intoxicating Liquors § 253.
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.