N.M. Stat. » Chapter 60 — Business Licenses
New Mexico Statutes

N.M. Stat. § 60-3A-1 (2026)

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✓ current as of May 2026
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Chapter 60, Articles 3A, 5A, 6A, 6B, 6C, 6E, 7A, 7B and 8A NMSA 1978 may be cited as the "Liquor Control Act".

History: Laws 1981, ch. 39, § 1; 1984, ch. 85, § 9; 2015, ch. 3, § 27; 2015, ch. 102, § 1.

ANNOTATIONS

2015 Multiple Amendments. — Laws 2015, ch. 3, § 27 and Laws 2015, ch. 102, § 1 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2015, ch. 102, § 1, as the last act signed by the governor is set out above and incorporates both amendments. The amendments enacted by Laws 2015, ch. 3, § 27 and Laws 2015, ch. 102, § 1 are described below. To view the session laws in their entirety, see the XX session laws on NMOneSource.com.

The nature of the difference between the amendments is that Laws 2015, ch. 3, § 27 deleted references to Articles 4B and 4C while Laws 2015, ch. 102, § 1 only deleted the reference to Article 4C. Laws 2015, ch. 102, § 1, effective July 1, 2015, moved "Chapter 60" to the beginning of the sentence; after "4B", deleted "4C"; and after "6C", added "6E".

Laws 2015, ch. 3, § 27, effective July 1, 2015, moved "Chapter 60" to the beginning of the sentence; after "Articles 3A", deleted "4B, 4C"; and after "6C", added "6E".

Veto of severability clause unconstitutional. — The governor's veto of Laws 1981, ch. 39, § 129, the severability clause of the Liquor Control Act, was unconstitutional under N.M. Const., art. IV, § 22, because that act does not appropriate money and the governor's power of partial veto is limited to bills appropriating money. Chronis v. State ex rel. Rodriguez, 1983-NMSC-081, 100 N.M. 342, 670 P.2d 953.

Transfer of license despite municipal disapproval. — Under the Liquor Control Act, the director of the alcohol and gaming division of the New Mexico regulation and licensing department may approve a transfer of a license despite municipal disapproval. The director must so act if the governing body fails to submit evidence supporting its decision or if, on its face, the governing body's decision is not based on evidence pertaining to the specific prospective transferee or location. Southland Corp. v. Manzagol, 1994-NMSC-099, 118 N.M. 423, 882 P.2d 14.

The host of a private event where liquor is served is not required to obtain a license from the alcohol and gaming division. — The Liquor Control Act, 60-3A-1 to 60-7B-13 NMSA 1978, regulates the manufacture, wholesale distribution, and retail sales of alcoholic beverages in the state through a comprehensive licensing scheme of businesses, premises and individuals authorized to sell or serve alcohol to the public, but there is no provision in the Liquor Control Act pertaining to private parties, which are defined by regulation as an event open only to invited guests and not open or advertised to the general public and does not include alcohol industry promotional events or other events with a commercial purpose, and therefore, a chamber of commerce and its guests would not be in violation of the Liquor Control Act if the event is held in accordance with the definition of a private party by maintaining a list of invited guests, and denying entry to those not on the list, not advertising the event to the general public, and avoiding activities that would indicate the event is being held for a commercial purpose. Application of the New Mexico Liquor Control Act to a Private Function where Liquor is Served (12/4/20), Att'y Gen. Adv. Ltr. 2020-12.

Law reviews. — For annual survey of New Mexico law relating to administrative law, see 12 N.M.L. Rev. 1 (1982).

For note, "Constitutional Law - Regulating Nude Dancing in Liquor Establishments - The Preferred Position of the Twenty-First Amendment - Nall v. Baca," see 12 N.M.L. Rev. 611 (1982).

For annual survey of New Mexico law relating to administrative law, see 13 N.M.L. Rev. 235 (1983).

Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1986–2021 · leading case: US Airways, Inc. v. O'DONNELL, 627 F.3d 1318 (10th Cir. 2010).
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US Airways, Inc. v. O'DONNELL, 627 F.3d 1318 (10th Cir. 2010). · cites it 2× “(“US Airways”) filed this action in the United States District Court for the District of New Mexico seeking to enjoin Defendants-Appellees New Mexico state officials (“New Mexico”) from regulating, pursuant to the New Mexico Liquor Control Act (“NMLCA”), N.M. Stat. § 60-3A-1 et…”
Santillo v. New Mexico Dep't of Pub. Saf., 2007-NMCA-159, 173 P.3d 6. · cites it 2× “See NMSA 1978, § 60-3A-1 (1984). This is a fairly comprehensive piece of legislation.”
Chavez ex rel. Baca v. Desert Eagle Distrib. Co., 2007-NMCA-018, 141 N.M. 116. · cites it 2× “Second, we discuss whether a common law duty exists, considering issues of both foreseeability and policy. We conclude that Defendants did not owe Plaintiffs a duty, and we affirm the decision of the district court dismissing the case under Rule 1-012(B)(6).”
Chavez v. Desert Eagle Distrib. Co., 151 P.3d 77 (N.M. Ct. App. 2006). · cites it 2× “Second, we discuss whether a common law duty exists, considering issues of both foreseeability and policy. We conclude that Defendants did not owe Plaintiffs a duty, and we affirm the decision of the district court dismissing the case under Rule 1-012(B)(6).”
State v. Perea, 16 P.3d 1105 (N.M. Ct. App. 2001). · cites it 2× “" See also NMSA 1978, § 60-3A-1 (1981, as amended through 1984); and 60-7B-1(A).”
Town & Country v. Nm Reg. & Licensing, 277 P.3d 490 (N.M. Ct. App. 2012). · cites it 2× “{1} In this case, we consider whether criminal liability is a condition precedent to the imposition of a civil penalty on a licensee in an administrative hearing under the Liquor Control Act (the Act), NMSA 1978, §§ 60-3A-1 to -8A-19 (1981, as amended through 2011).”
Mendoza v. Tamaya Enter., Inc., 2011-NMSC-030, 258 P.3d 1050. · cites it 2× “See NMSA 1978, §§ 60-3A-1 to -12 (1981, as amended through 2009); NMSA 1978, § 41-11-1 (1986).”
State v. Perea, 2001-NMCA-002, 16 P.3d 1105. · cites it 2× “” See also NMSA 1978, § 60-3A-1 (1981, as amended through 1984); and 60-7B-1(A).”
Ashbaugh v. Williams, 747 P.2d 244 (N.M. 1987). · cites it 2× “Lessor Ashbaugh was granted an interlocutory appeal when, based on the Liquor Control Act, NMSA 1978, Sections 60-3A-1 to 3A-5, 60-7A-1 to 7A-25 (Repl.”
Pucci Distrib. Co. v. Nellos, 796 P.2d 595 (N.M. 1990). · cites it 2× “Pucci brought suit, and Nellos defended, denying delivery and asserting as an affirmative defense that the alleged delivery was not accompanied by an invoice in violation of Section 60-8A-3 of the Liquor Control Act (Act), see NMSA 1978, Section 60-3A-1 (Repl. Pamp.1981 &…”
Trujillo Ex Rel. Est. of Trujillo v. Trujillo, 721 P.2d 1310 (N.M. Ct. App. 1986). “The purpose of the Liquor Control Act, NMSA 1978, Sections 60-3A-1 to 60-8A-19 (Repl.Pamp.1981 & Cum.”
Santillo v. NM Dept. of Pub. Saf., 173 P.3d 6 (N.M. Ct. App. 2007). · cites it 2× “See NMSA 1978, § 60-3A-1 (1984). This is a fairly comprehensive piece of legislation.”
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