Current through Register Vol. 35, No. 18, September 24, 2024
A. No licensee shall sell, serve, deliver,
procure or aid in the procurement of alcoholic beverages to an intoxicated
person if the licensee knows or has reason to know that the person is obviously
intoxicated.
In addition to other commonly recognized tests of
intoxication, a blood alcohol content level of .14 or higher on breath or blood
test taken not more than one and one-half hour or 90 minutes after sale,
service, delivery or consumption of alcoholic beverages shall be presumptive
evidence that the person was intoxicated at the time of the last sale. For
purposes of this rule, a "sale" shall mean the time at which the person
actually paid for the last alcoholic beverage served by the licensee to the
intoxicated person, or when the alcoholic beverage is delivered to the
intoxicated person's address for delivery, when applicable.
B. The following practices are prohibited on
a licensed premises:
(1) games or contests
that involve drinking alcoholic beverages or the awarding of alcoholic beverage
drinks as prizes;
(2) the sale or
delivery to a person of an unlimited number of alcoholic beverage drinks during
any set period of time for a fixed price;
(3) the sale or delivery of two or more
alcoholic beverage drinks for the price of one;
(4) the sale or delivery of alcoholic
beverages by the drink for less than half the usual, customary, or established
price for a drink of that type on the licensed premises;
(5) the sale or delivery of alcoholic
beverages by the drink for less than cost;
(6) the advertising of the practices
prohibited by this regulation; or
(7) the sale or service of a bottle of
spirits for on-premises consumption.
C. The two drink rule:
(1) No licensee shall serve or otherwise
allow any person to have more than two unconsumed, opened alcoholic beverage
drinks on a licensed premises at any one time.
(2) Examples of Paragraph
(1
) of Subsection C of 15.10.51.11 NMAC, include but
are not limited to, the following:
(a) a
licensee shall not sell, serve or allow any person to have at any one time a
beer flight that exceeds the equivalent total volume of two drinks;
(b) a licensee shall not sell, serve, or
allow any person to have at any one time a wine flight that exceeds the
equivalent total volume of two drinks; and
(c) a licensee shall not sell, serve or allow
any person to have at any one time a spiritous liquor flight that exceeds the
equivalent total volume of two drinks.
D. Nothing contained in this regulation shall
prohibit a licensee from:
(1) including one
alcoholic beverage drink per person as part of a meal package when approved by
the director in writing;
(2) selling
wine by the bottle or carafe when sold with a meal;
(3) selling wine by the bottle or carafe, or
beer in a pitcher, to more than one person;
(4) offering free tastes;
(5) offering free alcoholic beverage drinks
to registered guests in its hotel when approved by the director in writing;
(6) utilizing a "free drink coupon"
which is limited to one drink per day per patron or giving a patron a free
drink as a gesture of good will or friendship; free drinks as a gesture of good
will or friendship may not be advertised and may not be given at any
established interval or based on the purchases by the customer; or
(7) offering to customers product promotions
such as sweepstakes, rebates on non-alcoholic beverage items, or goods that are
not or do not include alcoholic beverages.
