New Mexico 2025 Regular Session

New Mexico House Bill HB443 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 443
29	29	57
30	30	TH LEGISLATURE
31	31	-
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33	33	STATE
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35	35	OF
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39	39	MEXICO
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41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Art De La Cruz and Antonio Maestas
48	48	AN ACT
49	49	RELATING TO LIQUOR CONTROL; AMENDING SECTIONS OF THE LIQUOR
50	50	CONTROL ACT TO ALLOW PERSONS AT LEAST EIGHTEEN YEARS OF AGE TO
51	51	DELIVER AND STOCK PACKAGED ALCOHOLIC BEVERAGES.
52	52	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
53	53	SECTION 1. Section 60-7B-10 NMSA 1978 (being Laws 1981,
54	54	Chapter 39, Section 90, as amended) is amended to read:
55	55	"60-7B-10. MINORS IN LICENSED PREMISES--REGULATIONS.--
56	56	A. Any person licensed pursuant to the provisions
57	57	of the Liquor Control Act or any employee, agent or lessee of
58	58	that person who permits a minor to enter and remain in any area
59	59	of a licensed premises that is prohibited to the use of minors
60	60	is guilty of a violation of the Liquor Control Act.
61	61	B. A minor shall not enter or attempt to enter any
62	62	area of a licensed premises that is posted or otherwise
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90	90	identified as being prohibited to the use of minors, except as
91	91	authorized by regulation or as necessitated by an emergency. A
92	92	person who violates the provisions of this subsection is guilty
93	93	of a petty misdemeanor and shall be punished pursuant to the
94	94	provisions of Section 31-19-1 NMSA 1978.
95	95	C. The director of the [alcohol and gaming ]
96	96	alcoholic beverage control division of the regulation and
97	97	licensing department shall adopt [regulations ] rules
98	98	classifying the types of licensed premises or areas of licensed
99	99	premises where minors may be present. The director shall
100	100	require that signs issued by the division be posted by
101	101	licensees to inform the public, including minors, of the areas
102	102	in licensed premises that are open to minors. The
103	103	[regulations] rules may allow minors in those areas of licensed
104	104	premises where:
105	105	(1) the consumption of alcoholic beverages is
106	106	the primary activity, when a minor is accompanied by a parent,
107	107	adult spouse or legal guardian;
108	108	(2) there is no consumption of alcoholic
109	109	beverages; or
110	110	(3) the minor is at least eighteen years of
111	111	age [and licensed under the New Mexico Commercial Driver's
112	112	License Act] and is making a delivery of packaged alcoholic
113	113	beverages to a holder of a dispenser's, retailer's, restaurant,
114	114	club, small brewer, winegrower, craft distiller, manufacturer's
115	115	.230453.1
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143	143	or rectifier or any other license that allows for the purchase
144	144	and delivery of alcoholic beverages or stocking such packaged
145	145	alcoholic beverages."
146	146	SECTION 2. Section 60-7B-11 NMSA 1978 (being Laws 1981,
147	147	Chapter 39, Section 91, as amended) is amended to read:
148	148	"60-7B-11. EMPLOYMENT OF MINORS.--
149	149	A. Except as provided in Subsection B or C of this
150	150	section, it is a violation of the Liquor Control Act for any
151	151	person licensed pursuant to the provisions of the Liquor
152	152	Control Act or for any employee, agent or lessee of that person
153	153	knowingly to employ or use the service of any minor in the sale
154	154	and service of alcoholic beverages.
155	155	B. A person holding a dispenser's, restaurant or
156	156	club license may employ persons eighteen years of age or older
157	157	to sell or serve alcoholic beverages in an establishment that
158	158	is held out to the public as a place where meals are prepared
159	159	and served and the primary source of revenue is food, and where
160	160	the sale or consumption of alcoholic beverages is not the
161	161	primary activity, except that a person under twenty-one years
162	162	of age shall not be employed as a bartender or deliverer.
163	163	C. A person holding a wholesaler's license may
164	164	employ persons eighteen years of age or older [who are licensed
165	165	pursuant to the New Mexico Commercial Driver's License Act ] to
166	166	engage in activities customary to warehouse operations and to
167	167	handle and deliver alcoholic beverages to licensees holding a
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196	196	dispenser's, retailer's, restaurant, club, small brewer,
197	197	winegrower, craft distiller, manufacturer's, rectifier or any
198	198	other license that allows for the purchase and delivery of
199	199	alcoholic beverages by a licensed wholesaler, and to stock
200	200	alcoholic beverages as long as the minor delivers or stocks
201	201	sealed, unbroken packages, including containers such as
202	202	bottles, cans and kegs. A person under the age of twenty-one
203	203	shall not be allowed to sample alcoholic beverages to
204	204	accounts."
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206	206	.230453.1