2019 New Mexico Statutes
Chapter 60 - Business Licenses
Article 3A - General Provisions
Section 60-3A-5 - Exemptions from act.
Nothing in the Liquor Control Act applies to:
A. the transportation of alcoholic beverages through New Mexico;
B. the transportation of alcoholic beverages into a United States customs bonded warehouse located in New Mexico;
C. ethyl alcohol intended for or used for any of the following purposes:
(1) scientific, mechanical, industrial, medical, chemical or culinary purposes;
(2) use by those authorized to procure the same tax free, as provided by the acts of congress and regulations promulgated thereunder; or
(3) in the manufacture of denatured alcohol produced and used as provided by the acts of congress and regulations promulgated thereunder; or
D. the sale, service, possession or public consumption of alcoholic beverages by any person within the boundaries of lands over which an Indian nation, tribe or pueblo has jurisdiction if the alcoholic beverages are purchased from New Mexico wholesalers and if the sale, service, possession or public consumption of alcoholic beverages is authorized by the laws of the Indian nation, tribe or pueblo having jurisdiction over those lands and is consistent with the ordinance of the Indian nation, tribe or pueblo certified by the secretary of the interior and published in the federal register according to the laws of the United States.
History: Laws 1981, ch. 39, § 112; 1995, ch. 203, § 1.
ANNOTATIONSThe 1995 amendment, effective April 6, 1995, added Subsection D and made minor stylistic changes in Subsections B and C.
Provisions governing hours of operation do not apply to Indian casino. — Where alcohol distributors sold alcohol to an Indian casino knowing that the casino planned to sell alcohol continuously in a twenty-four hour period, the provisions of the Liquor Control Act, Section 60-3A-1 NMSA 1978 et seq., that alcohol may be served, did not create a duty of care to motorists who were injured in an accident caused by a drunk driver who was served alcohol which intoxicated at the casino because the act does not apply to Indian casinos. Chavez v. Desert Eagle Distributing Co. of N.M., 2007-NMSA-018, 141 N.M. 116, 151 P.3d 77, cert. denied, 2007-NMCERT-001, 141 N.M. 164, 152 P.3d 151.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 62.
48 C.J.S. Intoxicating Liquors § 222.
