2019 New Mexico Statutes
Chapter 60 - Business Licenses
Article 7A - Offenses
Section 60-7A-4 - Sale, shipment and delivery unlawful.

A. It is unlawful for any person on his 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, any alcoholic beverages unless such person or his principals has secured a nonresident license as provided in Section 60-7A-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.

C. As used in this section, "into the state of New Mexico" means into the exterior boundaries of the state.

History: Laws 1981, ch. 39, § 50; 1987, ch. 96, § 2.

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.