2018 New Mexico Statutes
Chapter 60 - Business Licenses
Article 7A - Offenses
Section 60-7A-22 - Drinking in public establishments; selling or serving alcoholic beverages other than in licensed establishments; selling or delivering alcoholic beverages from a drive-up window.
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." 1939-40 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. 1955-56 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.
