2023 New Mexico Statutes
Chapter 60 - Business Licenses
Article 3A - General Provisions
Section 60-3A-1 - Short title.
Chapter 60, Articles 3A, 5A, 6A, 6B, 6C, 6E, 7A, 7B and 8A NMSA 1978 may be cited as the "Liquor Control Act".
History: Laws 1981, ch. 39, § 1; 1984, ch. 85, § 9; 2015, ch. 3, § 27; 2015, ch. 102, § 1.
ANNOTATIONS2015 Multiple Amendments. — Laws 2015, ch. 3, § 27 and Laws 2015, ch. 102, § 1 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2015, ch. 102, § 1, as the last act signed by the governor is set out above and incorporates both amendments. The amendments enacted by Laws 2015, ch. 3, § 27 and Laws 2015, ch. 102, § 1 are described below. To view the session laws in their entirety, see the XX session laws on NMOneSource.com.
The nature of the difference between the amendments is that Laws 2015, ch. 3, § 27 deleted references to Articles 4B and 4C while Laws 2015, ch. 102, § 1 only deleted the reference to Article 4C.
Laws 2015, ch. 102, § 1, effective July 1, 2015, moved "Chapter 60" to the beginning of the sentence; after "4B", deleted "4C"; and after "6C", added "6E".
Laws 2015, ch. 3, § 27, effective July 1, 2015, moved "Chapter 60" to the beginning of the sentence; after "Articles 3A", deleted "4B, 4C"; and after "6C", added "6E".
Veto of severability clause unconstitutional. — The governor's veto of Laws 1981, ch. 39, § 129, the severability clause of the Liquor Control Act, was unconstitutional under N.M. Const., art. IV, § 22, because that act does not appropriate money and the governor's power of partial veto is limited to bills appropriating money. Chronis v. State ex rel. Rodriguez, 1983-NMSC-081, 100 N.M. 342, 670 P.2d 953.
Transfer of license despite municipal disapproval. — Under the Liquor Control Act, the director of the alcohol and gaming division of the New Mexico regulation and licensing department may approve a transfer of a license despite municipal disapproval. The director must so act if the governing body fails to submit evidence supporting its decision or if, on its face, the governing body's decision is not based on evidence pertaining to the specific prospective transferee or location. Southland Corp. v. Manzagol, 1994-NMSC-099, 118 N.M. 423, 882 P.2d 14.
The host of a private event where liquor is served is not required to obtain a license from the alcohol and gaming division. — The Liquor Control Act, 60-3A-1 to 60-7B-13 NMSA 1978, regulates the manufacture, wholesale distribution, and retail sales of alcoholic beverages in the state through a comprehensive licensing scheme of businesses, premises and individuals authorized to sell or serve alcohol to the public, but there is no provision in the Liquor Control Act pertaining to private parties, which are defined by regulation as an event open only to invited guests and not open or advertised to the general public and does not include alcohol industry promotional events or other events with a commercial purpose, and therefore, a chamber of commerce and its guests would not be in violation of the Liquor Control Act if the event is held in accordance with the definition of a private party by maintaining a list of invited guests, and denying entry to those not on the list, not advertising the event to the general public, and avoiding activities that would indicate the event is being held for a commercial purpose. Application of the New Mexico Liquor Control Act to a Private Function where Liquor is Served (12/4/20), Att'y Gen. Adv. Ltr. 2020-12.
Law reviews. — For annual survey of New Mexico law relating to administrative law, see 12 N.M.L. Rev. 1 (1982).
For note, "Constitutional Law - Regulating Nude Dancing in Liquor Establishments - The Preferred Position of the Twenty-First Amendment - Nall v. Baca," see 12 N.M.L. Rev. 611 (1982).
For annual survey of New Mexico law relating to administrative law, see 13 N.M.L. Rev. 235 (1983).
