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            While the Alcohol and Gaming Division Rules and Regulations contain a complete listing of citations – fines and penalties, there remains a great deal of misinformation on the entire citation process.

            Historically, the legislature enacted the laws which created the New Mexico Liquor Control Act (“Act”) while the New Mexico Regulation and Licensing Department, Alcohol and Gaming Division issued the Rules and Regulations under the Act. Enforcement historically was conducted by the Special Investigation Division (“SID”) of the Department of Public Safety (“DPS”).  Recently, however, law enforcement agencies across the State have joined or independently conducted their own compliance or sting operations.

            The citation scenario which has attracted the most attention is often referred to is the “Three Strike Rule”. Under the Three Strike Rule, a licensee who is convicted within a twelve month period of any combination of citations for sale to a minor or sale to an intoxicated person, “shall result in a fine of $10,000.00 and revocation of the (licensee’s) liquor license.” Obviously, license owners who receive these types of citations should consult competent legal counsel immediately.

            In addition to the consequences to the owner of the license, an employee of the license owner who is found guilty of serving a minor is thereby guilty of a fourth degree felony. This felony conviction can prevent the server from voting, owning a firearm, obtaining a passport or owning a liquor license.

DISCLAIMER:    The information provided on this website is not and should not be construed as individualized legal, real estate or other professional advice. It is not guaranteed to be correct, complete or up-to-date. Nothing herein creates any form of professional relationship between the user and New Mexico Liquor Licenses, LLC nor any attorney or broker. A written agreement is required before any professional relationship is created.