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Home » US Law » 2021 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. ANNOTATIONS 2015 Multiple Amendments. — Laws 2015, ch. 3, § […]

Section 60-3A-10 – Administrative rules and orders; presumption of correctness.

A. The director shall issue and file as required by law all rules and orders necessary to administer the licensing provisions of the Liquor Control Act. B. Directives issued by the director shall be in form substantially as follows: (1) rules are written statements of the director, of general application to licensees, interpreting and exemplifying […]

Section 60-3A-11 – Written decisions by director.

Every decision by the director relating to the granting or denial of a license, the transfer of a license or the revocation or suspension of a license, or other disposition of a charge against a licensee, shall be accompanied by a written order containing findings of fact and the specific grounds relied upon for the […]

Section 60-3A-12 – Partially consumed bottle of wine; licensed premises.

A. Notwithstanding any other provision of law, a dispenser, canopy licensee or restaurant licensee may permit a customer of the licensee to remove from the licensed premises one opened bottle of partially consumed wine; provided that: (1) the customer has purchased a full-course meal and a bottle of wine and consumed a portion of the […]

Section 60-3A-13 – Prohibited sale of certain spirituous liquors.

A liquor license holder shall not sell for consumption off premises closed containers containing fewer than three fluid ounces of spirituous liquors. History: 1978 Comp., § 60-3A-13, enacted by Laws 2021, ch. 7, § 6. ANNOTATIONS Effective dates. — Laws 2021, ch. 7, § 37 made Laws 2021, ch. 7, § 6 effective July 1, […]

Section 60-3A-3 – Definitions.

As used in the Liquor Control Act: A. “alcoholic beverages” means distilled or rectified spirits, potable alcohol, powdered alcohol, frozen or freeze-dried alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of […]

Section 60-3A-4 – Storage permitted.

Nothing in the Liquor Control Act shall be construed to prohibit the storage of alcoholic beverages in bona fide public warehouses or guardian warehouses by nonresident licensees or wholesalers for usual and ordinary commercial purposes. History: Laws 1981, ch. 39, § 72.

Section 60-3A-5 – Exemptions from act.

Nothing in the Liquor Control Act applies to: A. the transportation of alcoholic beverages through New Mexico; B. the transportation of alcoholic beverages into a United States customs bonded warehouse located in New Mexico; C. ethyl alcohol intended for or used for any of the following purposes: (1) scientific, mechanical, industrial, medical, chemical or culinary […]

Section 60-3A-6 – Authority of department of public safety.

The department of public safety has authority over all investigations and enforcement activities required under the Liquor Control Act except for those provisions relating to the issuance, denial, suspension or revocation of licenses, unless its assistance is requested by the director of the alcohol and gaming division of the regulation and licensing department. History: 1978 […]

Section 60-3A-7 – Authority of the alcoholic beverage control division.

The alcoholic beverage control division of the regulation and licensing department has the authority over all matters relating to the issuance, denial, suspension or revocation of licenses under the Liquor Control Act. The director of the division may request the department of public safety to provide investigatory and enforcement support as deemed necessary. History: 1978 […]

Section 60-3A-8.1 – Investigative authority and powers.

A. For the purpose of enforcing the provisions of the Liquor Control Act, the director is authorized to examine and to require the production of pertinent records, books, information or evidence, to require the presence of any person and to require the person to testify under oath concerning the subject matter of the inquiry and […]

Section 60-3A-9 – Administrative authority and powers.

A. For the purpose of administering the licensing provisions of the Liquor Control Act, the director is authorized to examine and to require the production of any pertinent records, books, information or evidence, to require the presence of any person and to require him to testify under oath concerning the subject matter of the inquiry […]