Arielle Cruz
Alcohol sales in New Mexico are regulated by the Alcoholic Beverage Control Division (ABC) of the New Mexico Regulation and Licensing Department. The ABC issues, transfers, and revokes liquor licenses, and it administers the Alcohol Server Training Program to educate licensees and servers about preventing alcohol sales to minors and intoxicated individuals. The state permits alcohol sales at resorts and horse racetracks on Sundays, and there are no longer any Christmas, Election, or Sunday restrictions on alcohol sales hours. Alcohol sales are allowed from 7 a.m. to 2 a.m., seven days a week, and restaurants can serve alcohol during these hours as well. To work in the sale or service of alcoholic beverages, servers must obtain a server permit and complete a program every three years to maintain their permit.
| Characteristics | Values |
|---|---|
| Alcohol sale hours | 7 a.m. – 2 a.m., 7 days a week |
| Package sales hours | 7 a.m. – midnight, 7 days a week |
| Hours for restaurants | 7 a.m. – 11 p.m. or until meal service ceases (whichever is earlier) from Monday to Saturday |
| Hours for A & B license holders | Until 11 p.m. or when the kitchen stops serving (whichever is earlier) |
| Legal drinking age | 21 |
| Legal blood alcohol concentration (BAC) for driving | 0.08% or higher |
| Legal blood alcohol concentration (BAC) for driving (under 21) | 0.02% or higher |
| Legal blood alcohol concentration (BAC) for commercial drivers | 0.04% |
| Legal blood alcohol concentration (BAC) for boating | 0.08% or higher |
| Legal blood alcohol concentration (BAC) for aggravated boating while intoxicated (BWI) | 0.16% or higher |
| First BWI conviction penalty | Up to 90 days in jail, a fine of up to $500, completion of a boating safety course |
| Second or later BWI conviction penalty | Up to 364 days in jail, a fine of up to $750 |
| First offense penalty for selling alcohol to a minor or intoxicated person | $1,000 to $2,000 fine, one-day suspension of alcohol sales |
| Second offense penalty for selling alcohol to a minor or intoxicated person | $2,000 to $3,000 fine, seven-day suspension of alcohol sales |
| Third offense penalty for selling alcohol to a minor or intoxicated person | $10,000 fine, revocation of the alcohol license |
| Server permit validity | 3 years |
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What You'll Learn
Alcohol sale timings
In New Mexico, alcoholic beverages can generally be sold, served, and consumed on licensed premises from 7:00 a.m. until 2:00 a.m. the following day, seven days a week. However, there are some variations depending on the type of license and the day of the week. For restaurants with a Restaurant Liquor License (beer and wine), the hours of operation are typically from 7:00 a.m. to 11:00 p.m. or until meal service ceases, whichever is earlier, from Monday through Saturday. On Sundays, the hours are extended until 2:00 a.m. for on-premise consumption, aligning with the timings for other license types.
For package liquor sales, the hours are typically from 7:00 a.m. until midnight, seven days a week. However, there are exceptions for Local Option Districts in McKinley County, which can enact ordinances restricting sales between 7:00 a.m. and 10:00 a.m. Additionally, the new A & B license holders must stop serving alcohol at 11:00 p.m. or when the kitchen closes, whichever is earlier.
It is important to note that the sale of alcohol to minors (under 21 years old) and intoxicated individuals is strictly prohibited in New Mexico, and violations can result in fines and license revocation. The state also allows for the sale and consumption of alcohol on Christmas, Election Day, and Sundays, with no restrictions on these days in terms of hours of operation.
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Licensing and penalties
The Alcoholic Beverage Control Division (ABC) of the New Mexico Regulation and Licensing Department issues, transfers, and revokes liquor licenses. The ABC also administers the Alcohol Server Training Program, which educates licensees and servers to prevent the sale of alcoholic beverages to minors and intoxicated persons. The ABC's primary responsibility is to protect the health, safety, and welfare of New Mexicans and visitors while regulating the sale, service, and public consumption of alcohol.
To obtain a liquor license in New Mexico, applicants must submit a detailed application to the New Mexico Alcohol and Gaming Division, along with a non-refundable fee that varies by license type. The process includes background checks, fingerprinting, and a review of the applicant's history. Public interest is a key factor in the licensing process, and applicants must show that their establishment will not negatively impact the community. Zoning laws and the proximity of establishments to schools or churches are also considered to maintain a balance between business operations and community welfare.
Violating alcohol sale hours or selling to minors or intoxicated persons in New Mexico can result in significant penalties, including fines, suspension, or revocation of liquor licenses. Fines can range from a few hundred to several thousand dollars, depending on the severity and frequency of violations. Repeat offenses can lead to harsher consequences, including permanent license revocation and criminal charges.
The hours of operation for alcohol sales in New Mexico vary depending on the license type and the day of the week. For restaurants, the law allows alcohol to be served and consumed from 7 a.m. to 2 a.m., seven days a week, and 7 a.m. to midnight for package sales. For a Restaurant Liquor License (beer and wine), the hours of operation are from 7:00 a.m. to 11:00 p.m. or until meal service ceases, whichever is earlier, from Monday through Saturday. For all other license types, it's from 7:00 a.m. until midnight for package liquor sales and from 7:00 a.m. until 2:00 a.m. for on-premise consumption.
In New Mexico, it is illegal to sell alcohol to anyone under 21 years old, including adults 18, 19, and 20 years old. There are penalties for selling alcohol to anyone under 21 or obviously intoxicated within a twelve-month period. A first offense results in a fine of $1,000 to $2,000 and a one-day suspension of alcohol sales. A second offense carries a fine of $2,000 to $3,000 and a seven-day suspension of alcohol sales. A third offense results in a $10,000 fine and revocation of the alcohol license.
Additionally, servers involved in the sale or service of alcoholic beverages must obtain a server permit and complete a program every three years to maintain their permit. All servers must treat guests equally when serving alcohol, regardless of whether a designated driver is present.
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Minors and intoxication
In New Mexico, it is illegal to sell, serve, or provide alcohol to anyone under the age of 21. This includes adults aged 18, 19, and 20. The only exception to this rule is if a parent, guardian, or spouse aged 21 or older buys and serves alcohol to the minor, but not on licensed premises. Minors are prohibited from purchasing, possessing, or consuming alcoholic beverages on licensed premises. Both the server and the licensee can be penalised for serving minors or intoxicated individuals.
The Alcoholic Beverage Control Division (ABC) of the New Mexico Regulation and Licensing Department is responsible for issuing, transferring, and revoking liquor licenses. They also administer the Alcohol Server Training Program, which educates licensees and servers to prevent the sale of alcoholic beverages to minors and intoxicated individuals. Servers must obtain a server permit and complete a program every three years to obtain it.
New Mexico alcohol laws prohibit driving while intoxicated (DWI). For individuals aged 21 or older, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. For those under 21, the limit is 0.02% or higher, and for commercial drivers, it is 0.04%. Boating while intoxicated (BWI) is also prohibited, with the same BAC limits as driving. Aggravated BWI occurs when an operator has a BAC of 0.16% or higher, or when their actions result in bodily injury to another person.
The state of New Mexico allows Sunday sales of alcohol at resorts and horse racetracks. However, land under the control of Indian nations, tribes, or pueblos determines its alcohol laws.
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Boating while intoxicated
In New Mexico, the sale, service, and public consumption of alcohol are regulated by the Alcoholic Beverage Control Division (ABC), a division of the New Mexico Regulation and Licensing Department. The ABC issues, transfers, and revokes liquor licenses, and also administers the Alcohol Server Training Program, which educates licensees and servers to prevent the sale of alcoholic beverages to minors and intoxicated persons.
Regarding boating while intoxicated (BWI), New Mexico law prohibits anyone from operating a motorboat or any other vessel while under the influence of alcohol or drugs. This includes the use of water skis, wakeboards, kneeboards, or similar devices. Impairment is defined as having a blood alcohol concentration (BAC) of 0.08% or higher, which is also the threshold for driving while intoxicated (DWI) in the state. Aggravated BWI occurs when the operator has a BAC of 0.16% or higher, or when another person suffers bodily injury or worse as a result of the operator's impairment.
The consequences of a BWI conviction in New Mexico depend on the circumstances and the number of offenses. A first BWI offense typically carries penalties of up to 90 days in jail and/or a maximum fine of $500. Offenders must also complete a state-approved boating safety course. A second BWI offense carries increased penalties of up to 364 days in jail and/or a maximum fine of $750. Aggravated BWI offenses result in even harsher penalties, with a first offense leading to 48 hours to 90 days in jail and fines up to $1,250, while a second offense can result in 48 hours to 364 days in jail and fines up to $1,750.
It is important to note that New Mexico takes BWI offenses seriously, and the state also punishes operators who refuse to submit to a chemical BAC test by charging them with aggravated BWI. If arrested for BWI, it is recommended to consult an experienced BWI lawyer to understand the specific legal implications and options.
In addition to BWI regulations, New Mexico has other laws pertaining to boating safety. Dangerous operating practices such as reckless or negligent operation, overloading a vessel, bow riding, teak surfing, and allowing legs to hang overboard are prohibited. Specific regulations are in place for towing practices, including restrictions on towing during certain hours, maintaining safe distances, and ensuring the safety of the person being towed.
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Local option districts
The sale of alcohol in New Mexico is controlled by the New Mexico Regulation and Licensing Department's Alcoholic Beverage Control Division (ABC). The ABC issues, transfers, and revokes liquor licenses, and it also administers the Alcohol Server Training Program, educating licensees and servers to prevent the sale of alcoholic beverages to minors and intoxicated persons.
In the past, the number of liquor licenses available in a particular area was determined by whether that area's local option district (LOD) allowed alcohol, and if so, the number of licenses was restricted to one per 2,000 people. However, in recent decades, this formula has been modified to allow restricted transfers of full-service licenses into areas with high demand.
The type of liquor license required depends on the establishment's setting and the type of alcoholic beverages intended to be sold. For example, a Restaurant Liquor License (beer and wine) is required if the restaurant generates at least 60% of its revenue from food sales. Other types of licenses include Dispenser Type and Non-Dispenser Type. Dispenser Type licenses are required for bars, nightclubs, restaurants serving full spirits, liquor stores, grocery stores, and convenience stores, among others. These licenses are limited in number, so an existing license must be purchased or leased. Non-Dispenser Type licenses can be applied for at the state level and include Restaurant licenses (beer and wine only), Small Brewers, Craft Distillers, Winegrowers, and Wholesalers.
The hours of operation for alcohol sales vary depending on the license type and the day of the week. For restaurants, alcohol can be served and consumed from 7 a.m. to 2 a.m., seven days a week, and package sales can occur from 7 a.m. to midnight. For all license types except A & B licenses, the hours of operation are from 7 a.m. until midnight for package liquor sales and from 7 a.m. until 2 a.m. for on-premise consumption. A & B licenses must stop serving at 11 p.m. or when the kitchen closes, whichever is earlier. There are currently no restrictions on Christmas, Election, or Sunday hours of operation, and alcohol can be sold at resorts and horse racetracks on Sundays.
It is illegal in New Mexico to sell alcohol to anyone under the age of 21, including 18, 19, and 20-year-olds, and there is no exception for those serving in the military. It is also illegal to sell alcohol to an obviously intoxicated person, and both the server and the licensee can be penalized for serving minors or intoxicated persons.
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Frequently asked questions
The legal drinking age in New Mexico is 21. It is a violation of New Mexico alcohol laws to sell alcohol to anyone under that age.
Alcohol can be purchased in New Mexico between 7 a.m. and 2 a.m. There are no Christmas, Election, or Sunday restrictions in terms of hours of operation.
In New Mexico, it is illegal for anyone aged 21 or older to drive with a BAC of 0.08% or higher. For those under 21, the limit is 0.02% or higher, and for commercial drivers, it's 0.04%.
Land under the control of Indian nations, tribes, or pueblos determines their own alcohol laws.
Selling alcohol to a minor or an obviously intoxicated person in New Mexico can result in penalties. A first offense incurs a fine of $1,000 to $2,000 and a one-day suspension of alcohol sales. A second offense results in a fine of $2,000 to $3,000 and a seven-day suspension, while a third offense leads to a $10,000 fine and revocation of the alcohol license.
