Resources for Servers - New Mexico

New Mexico Alcohol Laws

Duties of Servers of Alcoholic Beverages Under New Mexico Law

After Hours Prohibited
It is illegal to sell, serve or allow the consumption of alcoholic beverages on the licensed premises except during the hours permitted by law.

Employment of Persons Under 21
It is illegal for licensees or their employees to knowingly employ or use the service of any minor in the sale and service of alcoholic beverages, except that:

Persons 19 or older may be employed by a person holding a dispenser's, restaurant or club license to sell or serve alcoholic beverages in an establishment that is held out to the public as a place where meals are prepared and served and the primary source of revenue is food, and where the sale or consumption of alcoholic beverages is not the primary activity. A person under 21 shall not be employed, however, as a bartender.

Sales or Service to Persons Under 21
It is illegal to sell, serve, or give alcoholic beverages to a person under 21 when he or she knows or has reason to know that he or she is violating the provisions of this section. Sale to a minor is a 4th degree felony for the server. One sale to a minor can result in the server receiving an administrative penalty AND a criminal penalty.

It is illegal for a parent or legal guardian to purchase an alcoholic beverage for, or to allow consumption of an alcoholic beverage by, a person under 21 in a licensed premises.

This means that a server must make sure that everyone to whom he or she sells or serves an alcoholic beverage is 21 or over.

Sales or Service to Intoxicated Persons
It is illegal to sell, serve, procure, or aid in the procurement of, an alcoholic beverage to an intoxicated person if the person selling, serving, procuring, or aiding in the procurement knows or has reason to know that the person is intoxicated.

Administrative Penalties Against Server for Sale to Minor or Intoxicated Person:

• First offense may result in a fine of up to $500, a 30-day suspension, or both
• Second offense may result in a fine of up to $500, a 1 year suspension, or both
• Third offense may result in a fine, suspension, or revocation of server permit

Criminal Penalties for After Hours Sales, Employment of Minors, and Sales or Service to Minors or Intoxicated Persons:

• Violation of statute prohibiting conduct is a misdemeanor.
• Penalty for misdemeanor is imprisonment in the county jail for less than 1 year or monetary fine of not more than $1,000, or both.

Open Container Prohibited
It is illegal to provide a person with an open container of an alcoholic beverage for consumption off the licensed premises.

On-Premises Consumption by Employees or Managers
No employee shall consume alcoholic beverages while on duty or be present on the licensed premises while intoxicated. However:

• Employees may drink alcoholic beverages on the licensed premises before business hours for product training and evaluation purposes but must not become impaired; and
• Only a designated manager may drink alcoholic beverages during business hours to evaluate beverage quality but must not become impaired.

Prohibited Practices on Licensed Premises
It is illegal to allow:

1. Games or contests that involve drinking alcoholic beverages or the awarding of alcoholic beverage drinks as prizes
2. The sale or delivery to a person of an unlimited number of alcoholic beverage drinks during any set period of time for a fixed price
3. The sale or delivery of two or more alcoholic beverage drinks for the price of one
4. Allowing any person to have more than two unconsumed alcoholic beverage drinks at any one time;
5. The sale or delivery of alcoholic beverages by the drink for less than half the usual, customary, or established price for a drink of that type on the licensed premises; The sale or delivery of alcoholic beverages by the drink for less than cost; or
6. The advertising of the practices prohibited by this regulation.

Alcohol Server Training

1. All servers must satisfactorily complete a program of alcohol server training every three years, by earning a score of 80 percent or higher on a test administered at the end of the program.
2. Administrative Penalties for failure to have server permit in possession: Fine up to $250, suspension up to 14 consecutive days, or both.
3. Administrative penalties for failure to serve alcoholic beverages without a valid, current server permit: Fine up to $500.

Required Posters in a Licensed Establishment
Besides the current liquor license which must be in full public view at all times within an establishment, the following posters must also be displayed in full public view within an establishment:

• Posters giving notice that the law prohibits the carrying of any operative firearm on the licensed premises
• Posters warning of the danger of drinking alcohol during pregnancy
• Posters identifying areas where minors are prohibited unless accompanied by a parent, adult spouse, or legal guardian
• Posters warning of the dangers of and penalties for driving while intoxicated

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