2021 New Mexico Statutes
Chapter 60 - Business Licenses
Article 7B - Regulation of Sales and Service to Minors
Section 60-7B-6 - Demanding and seeing identity card before furnishing alcoholic beverages.

In any criminal prosecution or in any proceedings for the suspension or revocation of a license or alcoholic beverage delivery permit or in any proceeding for violation of a municipal or county ordinance prohibiting the gift, sale or service of alcoholic beverages to minors, proof that the accused licensee or alcoholic beverage delivery permittee in good faith demanded and was shown an identity card as evidence the person is twenty-one years of age or older before furnishing any alcoholic beverages to a minor shall be a defense to the prosecution or proceedings.

History: Laws 1981, ch. 39, § 86; 1985, ch. 184, § 3; 2021, ch. 7, § 32.

The 2021 amendment, effective July 1, 2021, included alcoholic beverage delivery permits and alcoholic beverage delivery permittees within the provisions of this section; and after "suspension or revocation of a license", added "or alcoholic beverage delivery permit", after "accused licensee", added "or alcohol beverage delivery permittee", and after "identity card", added "as evidence the person is twenty-one years of age or older".

The good faith defense is not limited to identification that is fraudulent. ERICA, Inc. v. N.M. Regulation & Licensing Dep't, 2008-NMCA-065, 144 N.M. 132, 184 P.3d 444.

Driver's license lacked legend that licensee is under twenty-one. — The good faith defense is not precluded as a matter of law where a liquor store employee relies on the absence of the printed legend on the driver's license of a minor indicating that the licensee is under twenty-one, which is required by Section 66-5-47 NMSA 1978, to determine whether the licensee is a minor, even though the birth date of the licensee on the driver's license shows that the licensee is under twenty-one. ERICA, Inc. v. N.M. Regulation & Licensing Dep't, 2008-NMCA-065, 144 N.M. 132, 184 P.3d 444.