Special Investigations Division Topics
SID Frequently Asked Questions
May licensed liquor establishments sell, serve or allow the consumption of alcoholic beverages during voting hours on election days?
Yes. Effective July 1, 1999, the New Mexico Legislature removed the law which previously prohibited the sale and service of alcoholic beverages during voting hours on election days.
Can private clubs cater and sell alcohol to the public or host parties for non-members?
Any club licensed pursuant to the provisions of the Liquor Control Act may sell alcoholic beverages by the drink for consumption on the premises to members and bona fide guests. Pursuant to Section 60-7A-13 of the Liquor Control Act, it is unlawful and grounds for suspension or revocation of its license for a club to solicit or permit public patronage of the club’s alcoholic beverage facilities. Licensed clubs may serve alcoholic beverages to members and their bona fide guests (“bona fide guest” means a person whose presence in the club is in response to a specific invitation by a member and for whom the member assumes responsibility).
Can licensed liquor establishments sell alcoholic beverages on December 25th?
Pursuant to Section 60-7A-1. of the New Mexico Liquor Control Act “… Retailers, dispensers, canopy licensees that were replaced by dispenser’s licensees … restaurant licensees, club licensees and governmental licensees or their lessees shall not sell, serve, deliver or allow the consumption of alcoholic beverages on the licensed premises from 2:00 a.m. on Christmas day until 7:00 a.m. on the day after Christmas, except as permitted pursuant to Subsection F of this section.”
“F. On and after July 1, 2002, dispensers, canopy licensees that were replaced by dispenser’s licensees … restaurant licensees, club licensees and governmental licensees or lessees of these licensees; provided that the licensees have current, valid food service establishment permits, may sell, serve or allow the consumption of alcoholic beverages by the drink on licensed premises from noon until 10:00 p.m. on Christmas day…”
Is it illegal to drink at public New Year’s Eve celebrations?
Section 60-7A-22 of the New Mexico Liquor Control Act reads in part: “It is a violation of the Liquor Control Act for any person to consume alcoholic beverages in any public establishment unless the establishment is licensed to sell and serve alcoholic beverages.” Furthermore, “it is a violation…for any person not a licensee to sell, serve or permit the consumption of alcoholic beverages in his public establishment or private club.”
I am licensed to carry a concealed handgun. As far as licensed liquor establishments are concerned, where can I legally carry my firearm?
As of July 1, 2007, 30-7-3 NMSA 1978 allows a person licensed to carry a concealed handgun in New Mexico to legally carry into a licensed liquor establishment that DOES NOT sell alcohol for consumption on the premise. Please read and ensure that you thoroughly understand above-referenced statue. It can be accdessed through the main concealed carry page.
Questions concerning licensing, permits, hearings and other administrative matters should be directed to the New Mexico Regulation and Licensing Department’s Alcohol and Gaming Division in Santa Fe at (505) 827-7066.
To report violations, or for questions concerning investigations or enforcement please contact the New Mexico Department of Public Safety’s Special Investigations Division (505) 841-8053.