2021 New Mexico Statutes
Chapter 60 - Business Licenses
Article 6E - Alcohol Server Education
Section 60-6E-8 - Server permit; suspension; revocation; administrative fines; penalties.
The following penalties are in addition to any other penalties available for sales to minors or intoxicated persons in violation of the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] or rules of the division:
A. the director may suspend a server's server permit for a period of thirty days or fine the server in an amount not to exceed five hundred dollars ($500), or both, when the director finds that the server is guilty of a first offense of selling, serving, delivering or dispensing an alcoholic beverage to an intoxicated person in violation of Section 60-7A-16 NMSA 1978 or to a minor in violation of Section 60-7B-1 NMSA 1978;
B. the director shall suspend a server's server permit for a period of one year when the director finds that the server is guilty of a second offense of selling, serving, delivering or dispensing alcoholic beverages to intoxicated persons in violation of Section 60-7A-16 NMSA 1978 or to minors in violation of Section 60-7B-1 NMSA 1978 arising separately from the incident giving rise to the server's first offense;
C. the director shall permanently revoke a server's server permit when the director finds that the server is guilty of a third offense of selling, serving, delivering or dispensing alcoholic beverages to intoxicated persons in violation of Section 60-7A-16 NMSA 1978 or to minors in violation of Section 60-7B-1 NMSA 1978 arising separately from the incidents giving rise to the server's first and second offenses;
D. no person whose server permit is suspended or revoked pursuant to the provisions of this section may be a server of alcoholic beverages on a licensed premises or deliver alcoholic beverages during the period of suspension or revocation;
E. no person whose server permit is suspended may serve or deliver alcoholic beverages on or after the date of suspension unless the person obtains a new server permit in accordance with the provisions of the Alcohol Server Education Article of the Liquor Control Act; and
F. nothing in the Alcohol Server Education Article of the Liquor Control Act shall be interpreted to waive a permit holder's or license holder's liability that may arise pursuant to the provisions of the Liquor Control Act.
History: 1978 Comp., § 60-6D-18, enacted by Laws 1999, ch. 277, § 9; recompiled as 1978 Comp., § 60-6E-8; 2021, ch. 7, § 22.
ANNOTATIONSThe 2021 amendment, effective July 1, 2021, provided for delivery of alcoholic beverages, and made certain technical amendments; deleted "In addition to any other penalties available", after "following penalties", changed "may be imposed" to "are in addition to any other penalties available"; after "serving" added "delivering" throughout the section; in Subsection D, after "licensed premises", added "or deliver alcoholic beverages"; in Subsection E, after "may serve", added "or deliver", and after "provisions of", changed "Article 6D of Chapter 60" to "the Alcohol Server Education Article of the Liquor Control Act; and"; and in Subsection F, after "nothing in", changed "this" to "the Alcohol Server Education Article of the Liquor Control", after "waive", deleted "any" and added "a permit holder's or", and after "provisions of", changed "this" to "the Liquor Control".
