NM Alcohol Server flashcards
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31 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Legal purchase age
- In New Mexico a person must be at least 21 years old to buy, possess, or consume alcoholic beverages. Selling or serving to anyone younger is a violation for the server and the licensee.
- Visibly intoxicated standard
- A patron is visibly intoxicated when behavior such as slurred speech, staggering, bloodshot eyes, or loss of coordination would be apparent to a reasonable observer. Service must stop at that point.
- Acceptable identification forms
- Valid photo IDs for alcohol sales include a state driver's license or ID card, a US passport, a military ID, and a valid foreign passport. Expired or altered documents are not acceptable proof of age.
- Strict liability for servers
- Serving a minor or an obviously intoxicated person creates liability even if the server honestly believed the patron was of age or sober. Mistake is not a defense to the administrative violation.
- Dram shop liability
- A licensee or server may be held civilly liable for injuries or damages caused by an intoxicated patron or minor they served. The injured party can sue the establishment for the harm.
- Refusal of service
- A server may lawfully decline to sell alcohol, ask for identification, and refuse to continue serving an intoxicated patron. Refusal is a required control measure, not discrimination.
- Open container rule
- Open containers of alcohol are prohibited in the passenger area of a motor vehicle on a public highway. Consuming alcohol while driving or riding in a vehicle is unlawful.
- Alcohol and Gaming Division
- The New Mexico agency within the Regulation and Licensing Department that regulates alcohol manufacture, sale, and service. Its director issues licenses and enforces the Liquor Control Act.
- Director appointment
- The director of the Alcohol and Gaming Division is appointed by the Governor and oversees licensing, compliance, and disciplinary actions against liquor licensees across the state.
- Hearing rights
- A licensee cited for a violation may request a hearing before the Division. The notice of violation states the alleged conduct and the licensee's right to contest it.
- Appeal to district court
- A party dissatisfied with the director's final decision may appeal to district court. The appeal follows the statutory review procedure rather than an internal rehearing.
- Graduated sanctions
- The Division may impose a reprimand, fine, suspension, or revocation depending on the violation's severity and the licensee's prior record. Repeat violations draw heavier penalties.
- License protest process
- Neighboring property owners and local governing bodies may file written protests against a license application within the deadline. Protests trigger review before the license is granted.
- Local ordinances
- Municipalities and counties may adopt closing hours and zoning rules stricter than state law. The Division considers local approvals when issuing certain licenses.
- Rulemaking procedure
- New Division rules are proposed, published in the New Mexico Register, and open to public comment before adoption under the State Rules Act. Final rules are filed with the records center.
- Cannabis Control Division
- The CCD, within the Regulation and Licensing Department, licenses and regulates cannabis businesses under the Cannabis Regulation Act, including retail, production, and testing operations.
- Cannabis age limit
- Cannabis may be sold only to adults 21 and older. Retailers must check a valid photo ID at the point of sale, and sale to anyone under 21 is prohibited.
- Separate alcohol and cannabis
- Licensed cannabis retailers may not sell alcohol, and alcohol licensees may not sell cannabis. The products must be kept in separately licensed premises.
- Adult possession limits
- Adults 21 and older may possess up to 2 ounces of cannabis and up to 16 grams of cannabis extract outside the home. Larger amounts require a licensed medical program.
- Home cultivation limits
- Adults may grow up to 6 mature and 6 immature plants per person, with a maximum of 12 plants per household. Plants must be secured from access by minors.
- Cannabis DUI prohibition
- Driving under the influence of cannabis is unlawful. A retailer who observes impairment must decline the sale, just as an alcohol server must refuse service.
- Public consumption ban
- Cannabis consumption in public places is prohibited. Licensed consumption areas require separate CCD authorization and may not be treated as ordinary retail space.
- Seed-to-sale tracking
- CCD licensees must track inventory through the state seed-to-sale system and follow packaging, labeling, and advertising rules. Untracked product is a violation.
- Liquor license types
- New Mexico issues restaurant, dispenser, package, club, and beer and wine licenses. Each type defines what may be sold and whether service is on-premises or off-premises.
- Restaurant license food requirement
- A restaurant license requires a set share of gross receipts from food sales, with alcohol served to seated patrons ordering food. The exact ratio is fixed by statute and rule.
- Premises-specific license
- A liquor license attaches to a specific location and may not be moved without Division approval. Ownership changes also require prior approval before transfer.
- License posting requirement
- The license must be posted on the premises and available for inspection by Division agents and law enforcement. Operating without a posted license is a violation.
- Server training requirement
- Servers must complete an approved alcohol-server training program within the period set after hire. The licensee must keep records documenting each employee's completion.
- Annual license renewal
- Liquor licenses must be renewed annually. Operating after expiration is a violation subject to citation and possible suspension until the license is reinstated.
- Background and character review
- Applicants must pass a background check, disclose all ownership interests, and show good moral character and financial responsibility before a license is issued.
- Financial responsibility proof
- Licensees must maintain dram shop insurance or otherwise demonstrate financial responsibility as required by statute and Division rule. Proof is reviewed at licensing and renewal.