Arielle Cruz
Alcohol sales during voting hours have been a contentious issue in New Mexico, with various amendments made to the state's liquor laws over the years. While there used to be restrictions on alcohol sales during voting, recent changes to New Mexico's liquor laws have removed these restrictions. Currently, there are no specific prohibitions on alcohol sales during voting or on Election Day, and regular operating hours for alcohol sales apply. This means that alcohol can be sold and served in restaurants and other licensed premises during voting hours on election days. However, it is important to note that there may be local variations, as Local Option Districts in McKinley County can restrict alcohol sales between 7 a.m. and 10 a.m.
| Characteristics | Values |
|---|---|
| Alcohol sale restrictions during voting in New Mexico | There are currently no restrictions on the hours of operation for alcohol sales during elections. |
| Alcohol sale restrictions on Sundays | Alcohol sales are allowed on Sundays from 7 a.m. to 2 a.m. in restaurants and until midnight for package sales. |
| Alcohol sale restrictions on Christmas | There are currently no restrictions on the hours of operation for alcohol sales on Christmas. |
| Alcohol sale restrictions in Local Option Districts | McKinley County can restrict alcohol sales between 7 a.m. and 10 a.m. for package sales. |
| Permit requirement for selling or serving alcohol | Everyone who sells or serves alcohol in New Mexico is required to obtain an Alcohol Server Permit. |
| Age requirement for selling or serving alcohol | Persons aged 18 to 20 can work in a restaurant environment but cannot be bartenders, cocktail servers, or manage the sale/service of alcoholic beverages. |
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What You'll Learn
New Mexico liquor laws have been amended over the years
New Mexico has a long and troubled history with drunk driving. Drive-up windows for liquor sales were outlawed in the 1990s to curb this issue. In 1998, an amendment was added to the New Mexico Statutes, prohibiting the sale and delivery of alcoholic beverages from a drive-up window.
Over the years, New Mexico's liquor laws have been amended to relax restrictions on days that were historically banned from alcohol sales. For generations, alcohol sales were prohibited on Sundays. However, the laws were eventually amended to allow alcohol sales after noon on Sundays. Later, the Legislature passed a bill permitting bars and restaurants to serve alcohol from 11 a.m. on Sundays. Finally, in 2021, Governor Michelle Lujan Grisham signed a bill into law that removed all Sunday restrictions for bars, liquor stores, and restaurants.
In 2021, New Mexico also witnessed significant changes to its liquor laws regarding alcohol delivery services. While the state approved alcohol delivery to residences, the implementation of this change was dependent on administrative rules and regulations. The Alcoholic Beverage Control Division (ABC) clarified that individuals could bring a reasonable amount of alcohol into the state for personal consumption.
Another notable amendment to New Mexico's liquor laws was the creation of a new class of liquor license for restaurants. Previously, there was a finite number of liquor dispensing licenses, leading to a high cost for new businesses to obtain a license. After concerns from current license holders, lawmakers introduced a new license similar to existing beer and wine licenses. Restaurants with a beer and wine license can now apply for a license to serve cocktails and mixed drinks if they meet certain food service requirements.
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There are no restrictions on alcohol sales during voting
Alcohol sales are permitted during voting in New Mexico. In fact, there are currently no restrictions on alcohol sales in terms of hours of operation or days of the week, including on Christmas, Election Day, or Sundays.
The most recent changes to the state's liquor laws have expanded service on days that were historically restricted from alcohol sales. Restaurants in New Mexico are allowed to serve alcohol from 7 a.m. to 2 a.m., seven days a week, and sell packaged alcohol until midnight. The only hour restrictions are for the new A & B licenses, which must stop serving alcohol by 11 p.m. or when the kitchen closes, whichever is earlier.
While there are no longer any statewide restrictions on alcohol sales during voting, Local Option Districts in McKinley County are allowed to enact ordinances restricting alcohol sales between 7 a.m. and 10 a.m. for package sales.
It's worth noting that these laws are subject to change, and it's always a good idea to stay informed about the latest regulations.
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Alcohol can be sold, served and consumed on licensed premises
Alcohol can be sold, served, and consumed on licensed premises in New Mexico during voting. The state's liquor laws have been amended several times to expand service on historically restricted days, including elections.
The most recent changes to the New Mexico liquor laws have removed restrictions on alcohol sales during elections. According to the 2021 amendment, the subsection previously containing "Sunday sale; Christmas day sales for consumption off the licensed premises; elections" was deleted, indicating that regular operating hours now apply on election days.
This amendment clarified the hours during which alcoholic beverages may be sold, providing consistency across different days of the week. The amendment also removed references to specific days and times, such as "12:00 midnight except as provided in Subsections E and G of this section."
In New Mexico, licensed premises refer to areas under the direct control of the licensee, where they are authorized to sell, serve, or allow the consumption of alcoholic beverages according to their license. This includes restaurants, hotels, golf courses, ski areas, and racetracks, among other establishments.
It is important to note that everyone who sells or serves alcohol in New Mexico is required to obtain an Alcohol Server Permit. This includes all liquor license owners, leaseholders, managers, bartenders, waitstaff, and more. These permits ensure that the sale and service of alcohol are properly regulated and that establishments adhere to the state's liquor laws.
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Alcohol sales are restricted in McKinley County
Historically, there were restrictions on alcohol sales in New Mexico on Christmas, Election Day, and Sundays. However, recent changes to the state's liquor laws have removed these restrictions. Now, alcohol can be sold and consumed in restaurants from 7 a.m. to 2 a.m., seven days a week, and from 7 a.m. to midnight for package sales. There are no longer any restrictions on holidays or election days, and regular operating hours apply.
Despite the removal of statewide restrictions, some counties in New Mexico continue to struggle with drunk driving and alcohol abuse. McKinley County, in particular, has been noted as an area with a high rate of drunk driving. To address this issue, certain laws have been implemented, such as the ban on drive-up windows for alcohol sales in the 1990s. Additionally, New Mexico has strict laws regarding the sale of alcohol to minors, with penalties including fines and the suspension or revocation of licenses.
While there are no longer any statewide restrictions on alcohol sales during voting or elections in New Mexico, it is important to note that local regulations may vary, especially in Local Option Districts like those in McKinley County. These districts have the autonomy to enact ordinances that best suit their communities, which may include restricting alcohol sales during specific hours or on certain days. Therefore, it is always advisable to stay informed about local laws and regulations when purchasing or consuming alcohol in New Mexico.
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Alcohol sales and service require an Alcohol Server Permit
In New Mexico, there are currently no restrictions on alcohol sales during voting, Christmas, or on Sundays in terms of hours of operation. Alcohol sales and service typically require an Alcohol Server Permit, and this is no different in New Mexico. The New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division (ABC) is responsible for implementing the New Mexico Professional Licensing User System (NM-PLUS), which simplifies the licensing process for liquor and tobacco product licenses and permits. Servers in New Mexico are no longer required to carry their Alcohol Server Permit Card, but employers must maintain a current list of all servers, including their permit details.
The Mandatory Alcohol Server Training (MAST) is a requirement in some states, such as Washington, for individuals involved in the sale, service, or handling of alcohol. While MAST is not specifically mentioned in the context of New Mexico, the state does have specific requirements and procedures for obtaining and maintaining an Alcohol Server Permit.
To obtain an Alcohol Server Permit in New Mexico, individuals must utilize the NM-PLUS system by first self-registering with a unique username in the format of an email address. This username must be different from any other accounts the individual may have within NM-PLUS, such as the Boards and Commissions or Cannabis Control Division. Once registered, applicants can apply for the necessary permits and licenses through the system.
It is important to note that only approved providers listed on the official website are authorized for alcohol server training in New Mexico. The national course is not accepted, and individuals must ensure that any online classes are specifically designed for the state of New Mexico. Violations of the Liquor Control Act can result in serious consequences, including fines, jail time, and revocation of the permit.
To verify the validity of an Alcohol Server Permit, individuals can search the RLD Database by selecting "Liquor Control" under Profession and then entering the permit or license number, or the name of the server. Servers can also obtain a duplicate replacement card upon request for a small fee, payable by money order. Additionally, the Alcohol Server Permit can be placed on hold or suspended for pending citation fees, non-compliance, or failure to meet certain obligations.
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Frequently asked questions
Yes, you can. There are currently no restrictions on the sale of alcohol on voting days in New Mexico.
Yes. Before July 1, 1999, buying alcohol—either in bars or at package liquor stores—was prohibited during election days. This included both primary and general elections.
Yes. Alcohol sales are restricted to the hours between 7:00 a.m. and 2:00 a.m. the following day. Alcoholic beverages may be sold for consumption off the licensed premises and not for resale.
Yes, alcohol sales are prohibited on Christmas Day.
