2020 New Mexico Statutes
Chapter 60 - Business Licenses
Article 6A - State Licenses
Section 60-6A-9 - Public service license.
A. Every person selling alcoholic beverages to travelers on trains or airplanes within the state shall secure a public service license from the department on or before July 1 of each year.
B. A photostatic copy of the license shall be posted in each train car from which alcoholic beverages are sold, or on the premises at each airport where alcoholic beverages are stored and issued to airplanes.
History: Laws 1981, ch. 39, § 26.
ANNOTATIONSFederal preemption. — New Mexico's regulatory scheme of airlines' alcoholic beverage services provided to passengers is impliedly preempted as it falls within the field of aviation safety that congress intended federal law to occupy exclusively. However, the twenty-first amendment of the United States constitution requires a balancing of New Mexico's core powers and the federal interests underlying the FAA. US Airways, Inc. v. O'Donnell, 627 F.3d 1318 (10th Cir. 2010).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 132.
48 C.J.S. Intoxicating Liquors § 20.
