It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a person to sell,
deliver or serve alcoholic beverages to or to procure or aid in the procurement of
alcoholic beverages for an intoxicated person if the person selling, delivering, serving,
procuring or aiding in procurement knows or has reason to know that the person is
selling, delivering, serving, procuring or aiding in procurement of alcoholic beverages for
a person who is intoxicated.
History: Laws 1981, ch. 39, § 93; 1993, ch. 68, § 19; 2021, ch. 7, § 29.
ANNOTATIONS
Cross references. — For tort liability for alcoholic liquor sales or service, see 41-11-1
NMSA 1978.
The 2021 amendment, effective July 1, 2021, prohibited the delivery of alcoholic
beverages to intoxicated persons; and after "sell", added "deliver" and after each
occurrence of "selling", added "delivering".
The 1993 amendment, effective July 1, 1993, substituted the language beginning "if the
person selling" for "knowing that the person buying or receiving service of alcoholic
beverages is intoxicated" at the end of the section.
This section must not be read to impose a duty on the tavernkeeper to the
intoxicated patron. Trujillo v. Trujillo, 1986-NMCA-052, 104 N.M. 379, 721 P.2d 1310,
cert. denied, 104 N.M. 289, 720 P.2d 708, overruled by Mendoza v. Tamaya Enters.,
2010-NMCA-74, 148 N.M. 534, 238 P.3d 903.
Liability for serving intoxicated person. — A person may be subject to liability if he or
she breaches his or her duty by violating a statute or regulation, such as this section,
which prohibits the selling or serving of alcoholic liquor to an intoxicated person, the
breach of which is found to be the proximate cause of injuries to a third party. The
imposition of this new liability will be applied prospectively. Lopez v. Maez, 1982-NMSC-
103, 98 N.M. 625, 651 P.2d 1269.
Lessor of liquor license can be held liable under the terms of this section if a
violation is proved. Williams v. Ashbaugh, 1986-NMCA-073, 120 N.M. 731, 906 P.2d
263, aff'd, 1987-NMSC-120, 106 N.M. 598, 747 P.2d 244.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors §
140.
Entrapment to comment offense against laws regulating sales of liquor, 55 A.L.R.2d
1322.
Common-law right of action for damage sustained by plaintiff in consequence of sale or
gift of intoxicating liquor or habit-forming drug to another, 97 A.L.R.3d 528, 62 A.L.R.4th
16.
Liability of persons furnishing intoxicating liquor for injury to or death of consumer,
outside coverage of civil damage acts, 98 A.L.R.3d 1230.
Tavernkeeper's liability to patron for third person's assault, 43 A.L.R.4th 281.
Intoxicating liquors: employer's liability for furnishing or permitting liquor on social
occasion, 51 A.L.R.4th 1048.
Social host's liability for injuries incurred by third parties as a result of intoxicated guest's
negligence, 62 A.L.R.4th 16.
Passenger's liability to vehicular accident victim for harm caused by intoxicated motor
vehicle driver, 64 A.L.R.4th 272.
Social host's liability for death or injuries incurred by person to whom alcohol was
served, 54 A.L.R.5th 313.
48 C.J.S. Intoxicating Liquors § 258.
Notes of Decisions
Trujillo Ex Rel. Est. of Trujillo v. Trujillo, 721 P.2d 1310 (N.M. Ct. App. 1986).
· cites it 24× “No civil liability shall be predicated upon the breach of Section 60-7A-16 NMSA 1978 by a licensee, except in the case of the licensee who: (1) sold or served alcohol to a person who was intoxicated; and (2) it was reasonably apparent to the licensee that the person buying or…”
Morris v. Giant Four Corners, Inc., 2021 NMSC 028 (N.M. 2021).
· cites it 9× “com/news/local_news/new-liquor-law-to-ban-most- mini-sales-in-new-mexico/article_454d11d8-8bec-11eb-91e7-3797d461bcff.”
Baxter Ex Rel. Est. of Baxter v. Noce, 752 P.2d 240 (N.M. 1988).
· cites it 14× “1984), suggested that public policy concerns do not extend to protect an intoxicated adult patron from the results of intoxication under Section 60-7A-16, NMSA 1978 (Repl.Pamp. 1987), because this would allow a person to benefit from his or her own wrongful act.”
State v. Muller, 508 P.3d 960 (N.M. Ct. App. 2022).
· cites it 8× “NMSA 1978, § 60-7A-16 (1993, amended 2021) prohibits the sale of alcohol to intoxicated persons and provides that “[i]t is a violation of the Liquor Control Act for a person to sell or serve alcoholic beverages to .”
Ashbaugh v. Williams, 747 P.2d 244 (N.M. 1987).
· cites it 24× “Further, in 1983 the legislature provided specifically that: *245 No civil liability shall be predicated upon the breach of Section 60-7A-16 NMSA 1978 by a licensee, except in the case of the licensee who: (1) sold or served alcohol to a person who was intoxicated; and (2) it…”
Mendoza v. Tamaya Enter., Inc., 258 P.3d 1050 (N.M. 2011).
· cites it 13× “Section 60-7A-16 delineates a duty not to serve alcohol to intoxicated individuals, and akin to its predecessor, it is a broadly applicable duty, which does not limit or qualify the person who serves the liquor.”
Lopez Ex Rel. Lopez v. Maez, 651 P.2d 1269 (N.M. 1982).
· cites it 4× “1978 has been repealed and replaced with Section 60-7A-16, N.M.S. A.1978 (Repl.Pamp.”
Sanchez v. San Juan Concrete Co., 943 P.2d 571 (N.M. Ct. App. 1997).
· cites it 4× “At that time NMSA 1978, Section 60-7A-16 (Repl.Pamp.1981) prohibited the sale of alcoholic beverages to an intoxicated person and NMSA 1978, Section 41-11-KA) (Supp.”
Mendoza v. Tamaya Enter., Inc., 2010 NMCA 74 (N.M. Ct. App. 2010).
· cites it 2× “” NMSA 1978, § 60-7A-16 (1993). The Legislature has further outlined when an injured, third party may recover from a licensed provider of alcohol who over serves a patron, and the third party is subsequently injured by that patron.”
Lopez v. Ski Apache Resort, 836 P.2d 648 (N.M. Ct. App. 1992).
· cites it 2× “1989) (one who serves liquor to intoxicated person can be held liable); § 60-7A-16 (Repl.Pamp. 1987) (violation of Liquor Control Act to sell or serve alcoholic beverages or procure alcoholic beverages to intoxicated person knowing that person is intoxicated); §§ 66-7-301 to…”
Gonzales v. Ever-Ready Oil, Inc., 636 F. Supp. 2d 1187 (D.N.M. 2008).
· cites it 3× “Airways violated NMSA § 60-7A-16 4 and § 40-11-1 (Dram Shop Act) by selling alcohol to Mr.”
Williams v. Ashbaugh, 906 P.2d 263 (N.M. Ct. App. 1986).
· cites it 2× “A violation of the Liquor Control Act, Section 60-7A-16, has been alleged. The statute is applicable to Lessors in this case, and they are liable under its terms if a Liquor Control Act violation is proved by plaintiffs.”
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