A. It is unlawful for a person on the person's own behalf or as the agent of another person, except a licensed New Mexico wholesaler or manufacturer or the agent of either, to directly or indirectly sell or offer for sale for shipment into the state or ship into the state, except as provided in Section 60-7A-3 NMSA 1978, alcoholic beverages unless the person or the person's principals have secured a nonresident license as provided in Section 60-6A-7 NMSA 1978.
B. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] to deliver any alcoholic beverages transported into the state unless the delivery is made in accordance with Section 60-7A-3 NMSA 1978 or Section 4 [60-6A-37 NMSA 1978] of this 2021 act.
C. As used in this section, "into the state" means into the exterior boundaries of the state.
History: Laws 1981, ch. 39, § 50; 1987, ch. 96, § 2; 2021, ch. 7, § 26.
The 2021 amendment, effective July 1, 2021, required compliance with related provisions of the Liquor Control Act related to alcoholic beverage delivery permits; in Subsection A, after "Section", changed "60-7A-7" to "60-6A-7"; and in Subsection B, after "Section 60-7A-3 NMSA 1978", added "or Section 4 of this 2021 act".
Section does not prevent bringing liquor into state for personal consumption. State v. Martinez, 1944-NMSC-032, 48 N.M. 232, 149 P.2d 124.
Only licensed nonresident suppliers shall be permitted to import alcoholic beverages into New Mexico. Such importations may be made only to licensed New Mexico wholesalers or distilleries, and further, such importations shall be permitted only when approved by the division of liquor control (now director of alcohol and gaming division). 1957 Op. Att'y Gen. No. 57-198.
Wholesaler's license required by one storing liquor in warehouse. — If a person uses a warehouse in New Mexico solely for the purpose of storing liquor, all of which is to be transported out of the state, such person must be licensed by the division of liquor control (now director of alcohol and gaming division), such person must obtain a wholesaler's license. 1962 Op. Att'y Gen. No. 62-110.
Wholesaler's license required to deliver alcoholic beverages to military reservations. — All deliveries of alcoholic beverages to post exchanges and open messes located on and within the confines of ceded military reservations in New Mexico must be made by licensed New Mexico wholesalers or distributors. 1957 Op. Att'y Gen. No. 57-198.
Transportation permit required to ship beer to military base. — Transportation of beer or other alcoholic liquors to a post exchange or NCO club or officers' club on a ceded military reservation requires a transportation permit. 1953 Op. Att'y Gen. No. 53-5825.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 123.
48 C.J.S. Intoxicating Liquors §§ 234, 238.
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.