New Mexico Administrative Code
Title 15 - GAMBLING AND LIQUOR CONTROL
Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS
Part 33 - PREMISES - MINORS ON LICENSED PREMISES
Section 15.10.33.11 - DEFENSE TO SALE TO A MINOR
Current through Register Vol. 35, No. 18, September 24, 2024
If the licensee can establish all of the following, it shall be a valid defense to the administrative charge of a sale to a minor:
A. the purchaser falsely represented his or her age by producing, at the time of the alleged illegal sale, a photo identification card which appears to have been issued by a federal, state, county or municipal government, or sub department or agency thereof, and which shows the purchaser to be 21 years of age or older; and
B. the purchaser appeared to be 21 years of age or older; and
C. the seller reasonably relied on the false identification presented and on the purchaser's appearance, thereby believing the purchaser to be 21 years of age or older.
