This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed.  

New Mexico’s Liquor Authority

New Mexico’s Governing Liquor Authority:

• The State of New Mexico’s governing liquor authority is the Alcohol and Gaming Division.
• The phone number for the Alcohol and Gaming Division is: 505-476-4875.
• The website for the Alcohol and Gaming Division is: www.rld.state.nm.us/AGD.
• New Mexico’s Legislature is the body responsible for enacting the state’s alcohol laws.
• Responsible alcohol service training is mandatory.
• Posting of alcohol warning signs is a state requirement. Warning signs are available from the Alcohol and Gaming Division. Licensees may design their own signs if they obtain the Director’s approval prior to developing their signs. The signs must contain all the required information and must display the Director’s stamp of approval in order to be considered valid.

Liquor License and Alcohol Beverage Laws for the State of New Mexico

New Mexico’s Alcohol and Gaming Division requires:

• Licensees to uphold all the liquor laws for the state of New Mexico.

• Licensees to also be knowledgeable of and abide by any local ordinances as well.
• All servers to complete the required alcohol service training and receive a certificate. The server is required to have their permit with them at all times while on duty. Additionally, the licensee must have a copy of the permit for each employee on the premises of the licensed establishment.
• New hires must complete the required training within 30 days from their date of hire.
• All servers must be re-certified every 5 years.

The Alcohol Server Act of New Mexico was established in 1993 to:

• Provide a study and certificate program for servers of alcohol.
• Enhance the professional conduct of individuals employed as servers of alcohol.
• Reduce DWIs.
• Reduce birth defects caused by the consumption of alcohol.

The following individuals must participate in the required training and receive a certificate:

• All owners of the alcohol license.
• Any lessee of the license.
• All servers of alcohol for the licensed establishment.

Under New Mexico’s Alcohol Laws:

• Licensees are prohibited from:

o        Giving away free drinks.

o        Offering two-for-one drink specials or promotions.

o        Offering single-priced, unlimited service drink specials.

o        Offering games or contests that involve drinking alcohol.

o        Awarding alcohol as a prize.

Identification

Acceptable forms of identification in New Mexico are:

• Drivers License issued by the state of New Mexico
• ID Card issued by the state of New Mexico

New Mexico’s Laws Regarding Age

Under New Mexico law:

• A person must be at least 21 years old to purchase and consume alcohol.

• It is illegal to sell or serve alcohol to a minor. Should a licensee be issued an administrative charge for serving a minor, they may have a possible defense if they can establish all of the following:

• The minor appeared to be at least 21 years of age.
• The minor misrepresented their age while making the purchase of alcohol by presenting a photo ID that appeared to be valid and which showed the individual’s age to be 21 or older.
• The seller reasonably relied on the false ID that was presented and on the minor’s appearance and therefore believed the person was of legal age to purchase alcohol.

• Minors under the age of 17 are allowed to enter a licensed establishment whose main business is the sale of alcohol or adult entertainment when accompanied by a parent or legal guardian.
• Minors may be employed to stock and handle unopened packaged alcohol but must be under the direct supervision of another employee who is at least 21 years of age. The supervising employee must be present at all times.

Dram Shop Laws for the State of New Mexico

Dram Shop Liability:

• Licensees and their employees can be held civilly liable for serving a visibly intoxicated guest if it can be shown that they acted with “gross negligence” and “reckless disregard.”  
• Licensees and their employees can also be held civilly liable for serving a minor if it can be shown that the licensee knew the individual was a minor or that any reasonable person would have known that the individual was a minor.

ADDENDUM: NEW MEXICO’S DRAM SHOP LAW

41-11-1. Tort liability for alcoholic liquor sales or service.

A. No civil liability shall be predicated upon the breach of Section 60-7A-16 NMSA 1978 by a licensee, except in the case of the licensee who:

(1)     Sold or served alcohol to a person who was intoxicated;

(2)     It was reasonably apparent to the licensee that the person buying or apparently receiving service of alcoholic beverages was intoxicated; and

(3)     The licensee knew from the circumstances that the person buying or receiving service of alcoholic beverages was intoxicated.

B. No person who was sold or served alcoholic beverages while intoxicated shall be entitled to collect any damages or obtain any other relief against the licensee who sold or served the alcoholic beverages unless the licensee is determined to have acted with gross negligence and reckless disregard for the safety of the person who purchased or was served the alcoholic beverages.

C. No licensee is chargeable with knowledge of previous acts by which a person becomes intoxicated at other locations unknown to the licensee.

D. As used in this section:

(1)     "Licensee" means a person licensed under the provisions of the Liquor Control Act and the agents or servants of the licensee; and

(2)     "Intoxicated" means the impairment of a person’s mental and physical faculties as a result of alcoholic beverage use so as to substantially diminish that person’s ability to think and act in a manner in which an ordinary [ordinarily] prudent person, in full possession of his faculties, would think and act under like circumstances.

E. No person who has gratuitously provided alcoholic beverages to a guest in a social setting may be held liable in damages to any person for bodily injury, death or property damage arising from the intoxication of the social guest unless the alcoholic beverages were provided recklessly in disregard of the rights of others, including the social guest.

F. A licensee may be civilly liable for the negligent violation of Sections 60-7B-1 and 60-7B-1.1 NMSA 1978. The fact-finder shall consider all the circumstances of the sale in determining whether there is negligence such as the representation used to obtain the alcoholic beverage. It shall not be negligence per se to violate Sections 60-7B-1 and 60-7B-1.1 NMSA 1978.

G. A licensee shall not be held civilly liable pursuant to the provisions of Subsection F of this section except when:

(1)     It is demonstrated by the preponderance of the evidence that the licensee knew, or that a reasonable person in the same circumstances would have known, that the person who received the alcoholic beverages was a minor; and

(2)     Licensee’s violation of Section 60-7B-1 or 60-7B-1.1 NMSA 1978 was a proximate cause of the plaintiff ’s injury, death or property damage.

H. No person may seek relief in a civil claim against a licensee or a social host for injury or death or damage to property which was proximately caused by the sale, service or provision of alcoholic beverages except as provided in this section.

I. Liability arising under this section shall not exceed fifty thousand dollars ($50,000) for bodily injury to or death of one person in each transaction or occurrence or, subject to that limitation for one person, one hundred thousand dollars ($100,000) for bodily injury to or death of two or more persons in each transaction or occurrence, and twenty thousand dollars ($20,000) for property damage in each transaction or occurrence.