Thanksgiving Beer Run: New Mexico's Alcohol Laws Explained

Whether you can buy beer on Thanksgiving Day depends on the state you live in. In the US, each of the 50 states has its own beer and alcohol laws, which can make travelling complicated. Some states have state-operated liquor stores, while others are more lenient with alcohol sales. Some only allow beer to be sold in supermarkets, while others don't restrict the type of alcohol they can sell. New Mexico, for example, is not a dry state, and alcohol can be purchased there any day of the week.

New Mexico's alcohol laws

Retail Hours

Off-premise retailers (e.g., liquor stores) can sell alcohol between 7 a.m. and 12 a.m. On-premise retailers may sell from 7 a.m. to 2 a.m. Restaurants can sell alcohol from 7 a.m. until 11 p.m. or until they stop serving food, whichever is earlier. These hours apply every day of the week, including Sundays, as New Mexico has repealed its Blue Laws.

Bars

Bars in New Mexico must close by 2 a.m. and can sell beer, wine, and liquor between 7 a.m. and 2 a.m.

Grocery Stores

Grocery stores in New Mexico can sell beer, wine, and liquor between 7 a.m. and 12 a.m. All alcohol must be sold for off-site consumption and in its original packaging.

Gas Stations

Gas stations can sell beer, wine, and liquor between 7 a.m. and midnight, and all sales must be for off-premise consumption. Gas stations in McKinley County can only sell beer and wine.

Breweries and Taprooms

Breweries and taprooms can sell beer, wine, and liquor from 7 a.m. until 12 a.m. If half of the alcohol sales are not house beers, the brewery must produce a minimum of 50 barrels per year. Sales can be for off-premise or on-premise consumption.

Delivery

Alcohol delivery is legal in New Mexico, but there are regulations that retailers must follow. Deliveries must be made by someone 21 or older, and alcohol must be purchased with a food order of at least $10 when delivered by a restaurant. Third-party services can be used for delivery, and proof of age must be checked upon delivery and purchase.

Minimum Drinking Age

The minimum drinking age in New Mexico is 21. However, minors may drink alcohol given by a parent, guardian, or spouse who is 21 or older, as long as it is on property other than licensed premises, and the drinking is under the control of the server. It is illegal for anyone under 21 to buy, attempt to buy, or possess alcohol, and it is also illegal to lend, transfer, or sell a false ID.

Driving Under the Influence

New Mexico prohibits driving while intoxicated (DWI), with a blood alcohol concentration (BAC) limit of 0.08% for adults 21 and older, 0.02% for those under 21, and 0.04% for commercial drivers. The penalties for a first DWI offense include license suspension for up to one year, a BAC test fee of $65, a fine of up to $500, community service, and the cost of mandated alcohol screening and treatment.

Local Option Laws

Local areas in New Mexico can modify the days and times of alcohol sales. Additionally, land under the control of Indian nations, tribes, or pueblos determines their alcohol laws. The state permits Sunday alcohol sales at resorts and horse racetracks.

Penalties for Selling to Minors

Selling alcohol to anyone under 21 is illegal in New Mexico, and there are penalties for doing so. A first offense results in a fine of $1,000 to $2,000, and the state prohibits all alcohol sales for one business day. A second offense carries a fine of $2,000 to $3,000, and a third offense results in a $10,000 fine and revocation of the alcohol license.

Thanksgiving Day alcohol sales in other states

In the US, each of the 50 states has its own alcohol laws, which can make travelling between states complicated. The sale of alcohol is permitted in New Mexico, and alcohol can be purchased any day of the week. However, the laws regarding alcohol sales differ across states, and some states have dry counties or cities, where the sale of alcohol is prohibited.

• Louisiana: Some areas restrict liquor sales on Thanksgiving Day.
• Oregon: Stores may choose to close.
• Pennsylvania: State-operated liquor stores will be closed.

The following states prohibit alcohol sales on Thanksgiving Day:

• Alabama: Beer and wine may be purchased, but spirits will not be for sale.
• Mississippi: All spirits other than beer are banned on Thanksgiving.
• Montana: No liquor sales.
• New Hampshire: No liquor or wine may be purchased.
• North Carolina: No liquor sales.
• Ohio: No liquor sales.
• Texas: No liquor sales.
• Virginia: No liquor sales, although privately-owned businesses may be open.

It is important to note that laws can vary depending on the county or city within a state, and some privately-owned retailers may be open even in states where liquor stores are closed. For the most accurate information, it is recommended to contact the state's alcohol control board or the specific store directly.

On-premise vs off-premise retailers

In New Mexico, the sale of alcohol is permitted any day of the week, including Thanksgiving. The state government does not restrict or prohibit the sale of alcohol. However, each of the 50 states has its own beer and alcohol laws, and these laws can vary significantly. For example, some states only allow beer to be sold in supermarkets, while others restrict the type of alcohol that can be sold.

In New Mexico, on-premise retailers (such as bars and restaurants) can sell alcohol from 7 a.m. to 2 a.m. On the other hand, off-premise retailers, such as liquor stores, can sell alcohol between 7 a.m. and 12 a.m. Restaurants have slightly different hours, selling alcohol from 7 a.m. until 11 p.m. or until they stop serving food, whichever comes first.

On-premise retailers primarily sell alcohol for consumption on the premises, whereas off-premise retailers sell alcohol for off-site consumption. Off-premise sales must be in the original packaging.

New Mexico also permits alcohol delivery and growler sales. Alcohol delivery laws include regulations such as requiring the delivery to be made by an employee aged 21 or older and checking proof of age upon delivery.

Alcohol delivery services

Whether you can buy beer on Thanksgiving Day depends on the state you live in. In New Mexico, you can buy beer, wine, and liquor any day of the week. Alcohol can be purchased from on-premise retailers, such as bars and restaurants, from 7 a.m. to 2 a.m., and from off-premise retailers, such as liquor stores, from 7 a.m. to 12 a.m. Restaurants can sell alcohol from 7 a.m. until 11 p.m. or until they stop serving food.

If you're looking for alcohol delivery services in New Mexico, there are several options. Instacart offers same-day alcohol delivery, connecting you with a personal shopper in your area who will buy and deliver your order. You can shop for beer, wine, liquor, and mixers through their app or website, and they will check your ID upon delivery. Delivery fees start at $3.99 for orders over $35, and you can choose a delivery time that fits your schedule.

Total Wine & More also offers delivery in New Mexico, and you can check their website to see if they deliver to your address.

Additionally, New Mexico allows for the delivery of alcoholic beverages by current Retailer, Dispenser, Restaurant, Craft Distiller, Small Brewer, and Winegrower Licensees. These deliveries must be made by an employee over 21 years old within normal business hours. A third-party delivery service may also be used, and restaurant deliveries must meet a $10 minimum food purchase requirement.

Drinking laws in New Mexico

New Mexico is not a dry state, and the state government does not restrict or prohibit the sale of alcohol. However, localities have the power to designate a county or city as dry, and New Mexico is one of the states that allow cities and counties to vote on their dry or wet status.

Purchase and Consumption

In New Mexico, you must be at least 21 years old to buy, possess or consume alcoholic beverages. It is illegal for anyone to sell, give or procure alcohol to or for a minor. It is also illegal for anyone under the age of 21 to attempt to buy alcohol. However, minors (those under 21) may do so to help police entrap clerks or servers. It is a violation of New Mexico alcohol laws to use a false ID to buy alcohol or to lend, transfer, or sell a false ID.

Licensing

All servers and sellers of alcoholic beverages and packaged liquor in New Mexico are required to obtain an Alcohol Server Permit. Only persons over 21 may sell or serve alcohol in package stores, bars or lounges, or deliver alcoholic beverages with a valid Server Permit. Persons aged 18 to 20 may only work in a restaurant environment and cannot be bartenders or cocktail servers or manage the sale and/or service of alcoholic beverages.

Hours of Sale

The hours during which alcohol can be sold, served or consumed on a licensed premise are from 7:00 a.m. to midnight for package sales, 7:00 a.m. to 2:00 a.m. for on-premises licensees, and 7:00 a.m. until 11:00 p.m. or when food service stops (whichever is earlier) for restaurant license holders. These hours apply to the entire state except for Local Option Districts in McKinley County, which can restrict sales between 7 a.m. and 10 a.m. for package sales. There are no restrictions for holidays or election days.

Local Laws

Local option laws permit local areas to modify the days and times of sales. Additionally, land under the control of Indian nations, tribes or pueblos determines its own alcohol laws. The state permits Sunday sales of alcohol at resorts and horse racetracks.

Open Containers

In New Mexico, drivers and passengers may not possess open containers of alcohol. All open containers must be placed in the vehicle's trunk. The only exceptions are vehicles meant for living in and commercial transport, such as taxis or limos.

Blood Alcohol Concentration (BAC)

It is illegal for anyone aged 21 or older to drive with a BAC of 0.08% or higher. For those under 21, the limit is 0.02% or higher, and for commercial drivers, it's 0.04%. Being under the limit does not prevent arrest if the police believe the driver is too impaired to drive safely.

Penalties

The penalties for a first DWI conviction can include license suspension for up to one year, jail time of up to 90 days, an ignition interlock device for up to one year, community service for 24 hours, and an alcohol education course. A second offense incurs greater penalties, including a license suspension of two years, jail time of 96 hours to 364 days, and a fine of up to $1,000. A third offense results in a license suspension of three years, jail time of 30 to 364 days, and a maximum fine of $10,000, as well as revocation of the alcohol license.

A first offense of selling alcohol to anyone under 21 or obviously intoxicated results in a fine of $1,000 to $2,000, and the state prohibits all alcohol sales for one business day. A second offense causes a fine of $2,000 to $3,000, and a seven-day suspension of alcohol sales. A third offense incurs a $10,000 fine.

Frequently asked questions