A. It is unlawful for any person to sell or attempt to sell alcoholic beverages at any place other than a licensed premises or as otherwise provided by the Liquor Control Act [60-3A-1 NMSA 1978].
B. Any person who violates the provisions of Subsection A of this section is guilty of a fourth degree felony.
C. Any conveyance used or intended to be used for the purpose of unlawful sale of alcoholic beverages or money which is the fruit or instrumentality of the crime is subject to forfeiture, and the provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of such property.
History: 1978 Comp., § 60-7A-4.1, enacted by Laws 1985, ch. 179, § 1; 1989, ch. 254, § 1; 1993, ch. 68, § 15; 2002, ch. 4, § 19.
The 2002 amendment, effective July 1, 2002, in Subsection C, after "crime", deleted "may be seized and upon conviction, in the discretion of the court, be forfeited and disposed of under the procedures set forth in Section 30-31-35 NMSA 1978"; and added the last phrase beginning "is subject to forfeiture".
The 1993 amendment, effective July 1, 1993, inserted "criminal" in the catchline; inserted "upon conviction" and "and disposed of" in Subsection C; and deleted the former second sentence of Subsection C, pertaining to taking custody of forfeited property.
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.