New Mexico alcohol laws permit adults aged 19 or older to serve alcohol in venues for drinking on-site, and those aged 21 or older to tend bar or sell alcohol for off-site drinking. Alcohol can be sold from 7:00 a.m. until 2:00 a.m. on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays, and Saturdays, and from midnight of the previous day until 2:00 a.m. on Sundays. Alcohol can be sold for off-site drinking from 7:00 a.m. until midnight from Monday to Saturday. Local option laws allow local areas to modify days and times of sales, and Indian nations, tribes, or pueblos can determine their own alcohol laws.
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Beer in licensed premises
In New Mexico, the sale of beer and other alcoholic beverages is strictly regulated, with different rules for on-site and off-site consumption. On-site consumption refers to drinking on licensed premises, such as restaurants and bars, while off-site consumption means purchasing alcohol to drink elsewhere. The laws regarding the sale and service of alcohol in New Mexico apply to both residents and visitors, and it's important for individuals to be aware of these laws to avoid legal problems and consequences.
For on-site consumption, licensed businesses in New Mexico can sell alcohol from 7:00 a.m. until 2:00 a.m. every day of the week, including Sundays. This applies to full dispenser license holders. The hours for off-site consumption, or package sales, are slightly different. Off-site sales are permitted from 7:00 a.m. until midnight, Monday through Saturday. These hours do not apply to Christmas Day, Election Day, and Sundays, which now have no restrictions on alcohol sales. Local option laws allow local areas to modify the days and times of sales according to their specific needs. Additionally, land under the control of Indian nations, tribes, or pueblos has the autonomy to determine their own alcohol laws.
It is important to note that the state of New Mexico has specific requirements for individuals serving alcohol in licensed premises. The minimum age to serve alcohol in venues for on-site consumption is 19 years or older, while individuals must be at least 21 years old to tend bar or sell alcohol for off-site consumption. All servers and bartenders are required to obtain an Alcohol Server Permit, regardless of their age. This permit must be kept active and current at all times. Additionally, only individuals who are 21 years or older can sell alcohol in package stores, bars, or lounges, or deliver alcoholic beverages with a valid Server Permit.
In terms of identification, it is mandatory to ask for ID if the customer appears to be under the age of 35. An expired ID is still considered valid for the purposes of the Liquor Control Act. It is illegal for anyone under the age of 21 to purchase, possess, or consume alcoholic beverages, and using a false ID for this purpose is a criminal offence. However, it is worth noting that individuals under 21 may consume alcohol given by a parent, guardian, or spouse who is 21 or older, as long as it is not on licensed premises.
Licensed premises in New Mexico also need to be aware of the rules regarding the employment of minors. While individuals under 21 cannot bartend or manage the sale or service of alcoholic beverages, those between the ages of 18 and 20 may work in a restaurant setting, serving alcohol, as long as the primary activity of the establishment is the sale of food rather than alcohol. Minors are also permitted to work in certain other capacities within licensed premises, such as bus persons, janitorial staff, or security officers, as outlined in the relevant legislation.
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Age restrictions
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 for a minor. Those under 21 may drink alcohol given to them by a parent, guardian, or spouse who is 21 or older, but this must take place on property other than premises licensed to sell alcohol.
It is illegal for anyone under 21 to buy or attempt to buy alcohol, except when helping police entrap clerks or servers who sell to them. It is also illegal for anyone under 21 to use a false ID to buy alcohol or to try to buy it. It is a criminal offence to lend, transfer, or sell a false ID.
In terms of employment, only individuals over 21 may sell or serve alcohol in bars, lounges, convenience, grocery, and package stores. Those aged 19 and 20 may obtain a permit to sell or serve alcohol in a full-service restaurant with meals, but they may not be bartenders. This only applies to Restaurant Liquor Licenses. 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.
When it comes to driving, it is illegal for those under 21 to drive with a blood alcohol concentration (BAC) over 0.02%. For those 21 or older, the limit is 0.08%, and for commercial drivers, it's 0.04%.
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Licensing for servers
In the state of New Mexico, anyone who sells or serves alcohol or supervises those who do is required to obtain an Alcohol Server Permit. This includes all bartenders, waiters, managers, liquor license owners, convenience or grocery store clerks, and the designated resident agent for the license.
To obtain a permit, individuals must take a New Mexico-approved Alcohol Server Education class. The permit is valid for three years from the date of the class and must be renewed before expiration. Temporary Server Permits are available and are valid for 120 days from the date of issuance.
Servers are no longer required to carry their Alcohol Server Permit Card with them at all times, but they must provide a copy to their employer, who is responsible for maintaining a current list of all servers and their permit details.
The state of New Mexico takes violations of the Liquor Control Act seriously. Serving alcohol to a minor or an intoxicated person can result in harsh penalties for both the server and the employer. For the server, a first offense can result in a fine of up to $500, a 30-day suspension, or both. The employer can be fined $1,000-$2,000 and suspended from selling alcohol for one day. Three offenses for either party can result in the loss of the Alcohol Server Permit.
In addition to the legal requirements, alcohol server training is highly encouraged to improve effectiveness in serving or selling alcohol responsibly and to help keep customers safe from drunk driving.
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Buying beer in hotels
Alcohol laws in New Mexico dictate that you must be at least 21 years old to buy, possess or consume alcoholic beverages. It is illegal to sell, give or procure alcohol to a minor.
There are no longer any Christmas, Election or Sunday restrictions in terms of hours of operation for alcohol sales in New Mexico. Alcohol can be sold and served in hotels at any time, but only from 7:00 a.m. until 2:00 a.m. on licensed premises.
Hotels with a dispenser, restaurant or club license may employ servers aged 18 or older to sell or serve alcoholic beverages in a restaurant setting, as long as food sales are the primary source of revenue. Bartenders, however, must be 21 or older.
Off-premise licensees are not permitted to sell spiritous liquors in closed containers of 3 fluid ounces or less. The exceptions to this rule are on-premise sales in hotels, golf courses, planes, and trains.
Licensed premises can be expanded to include a "controlled access" outdoor area, excluding parking lots or fuelling stations, as long as the area is enclosed by a sufficient barrier and connected to an indoor controlled access area.
Alcoholic beverages can be delivered to hotel rooms outside of a restaurant but within the same building, as long as the hotel is part of the licensee's designated floor plan.
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Buying beer in restaurants
If you're looking to buy beer in a restaurant in New Mexico, there are a few things you should know. Firstly, the legal drinking age in New Mexico is 21, and it is illegal for anyone under that age to buy, possess, or consume alcoholic beverages. It is also illegal for anyone to sell, give, or procure alcohol for a minor. So, if you're under 21, you'll need to abstain from ordering that beer.
New Mexico has specific laws governing the sale and service of alcohol in restaurants. Restaurants with a liquor license are typically allowed to serve alcohol from 7 a.m. to 11 p.m., or until they stop serving food, whichever comes first. This applies to both on-premise consumption and package sales. However, there are different rules for certain license types, such as the new A & B licenses, which must stop serving at 11 p.m. or when the kitchen closes, whichever is earlier.
It's important to note that restaurants are not allowed to serve intoxicated individuals, and both the server and the restaurant can be penalised for doing so. Additionally, minors are not allowed to purchase, possess, or consume alcohol on licensed premises, even if they are accompanied by a parent or spouse over 21.
When it comes to purchasing beer in restaurants, you'll need to present a valid ID if you appear to be under 35 years of age. The acceptable forms of identification include a driver's license, non-driver ID, military ID, passport, or a state-issued mobile ID. It's worth noting that New Mexico law considers an ID valid even if it has expired.
Lastly, keep in mind that the laws regarding alcohol sales and service may vary slightly from county to county, as New Mexico allows local areas to modify the days and times of sales. For example, McKinley County has more restrictive laws for off-premise retailers.
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Frequently asked questions
Alcohol can be sold from 7:00 a.m. until 2:00 a.m. on-site, and from 7:00 a.m. until midnight for off-site consumption.
Alcohol can be served in restaurants from 7:00 a.m. until 11:00 p.m., or when the kitchen stops serving, whichever is earlier.
Alcohol can be sold in package stores from 7:00 a.m. until midnight.
The legal drinking age in New Mexico is 21 years old. It is illegal for anyone under the age of 21 to buy, possess or consume alcoholic beverages.