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

N.M. Stat. § 60-6A-9 (2026)

Public service license

✓ current as of May 2026
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A. Every person selling alcoholic beverages to travelers on trains or airplanes within the state shall secure a public service license from the department on or before July 1 of each year.

B. A photostatic copy of the license shall be posted in each train car from which alcoholic beverages are sold, or on the premises at each airport where alcoholic beverages are stored and issued to airplanes. History: Laws 1981, ch. 39, § 26.

ANNOTATIONS

Federal preemption. — New Mexico’s regulatory scheme of airlines’ alcoholic beverage services provided to passengers is impliedly preempted as it falls within the field of aviation safety that congress intended federal law to occupy exclusively. However, the twenty-first amendment of the United States constitution requires a balancing of New Mexico’s core powers and the federal interests underlying the FAA. US Airways, Inc. v. O'Donnell, 627 F.3d 1318 (10th Cir. 2010).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 132.

48 C.J.S. Intoxicating Liquors § 20.

Notes of Decisions
Cited in 3 cases, 2008–2010 · 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). “” N.M. Stat. § 60-6A-9. Further, NMLCA prohibits any person from being “employed as a server on a licensed premises unless that person obtains within thirty days of employment alcohol server training pursuant to the provisions of [N.”
Gonzales v. Ever-Ready Oil, Inc., 636 F. Supp. 2d 1187 (D.N.M. 2008). · cites it 3× “Airways served alcoholic beverages without obtaining a state license as required by NMSA § 60-6A-9 (1978). 3 (Id. ¶¶ 75-76.) Second, Plaintiffs allege that U.”
US Airways, Inc. v. O'DONNELL, 706 F. Supp. 2d 1135 (D.N.M. 2009). · cites it 2× “NMSA 1978, § 60-6A-9 (1981) (providing that “[e]very person selling alcoholic beverages to travelers on trains or airplanes within the state shall secure a public service license.”
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