New Mexico Administrative Code
Title 15 - GAMBLING AND LIQUOR CONTROL
Chapter 10 - ALCOHOLIC BEVERAGES GENERAL PROVISIONS
Part 61 - CITATIONS - FINES AND PENALTIES
Section 15.10.61.8 - SCHEDULE OF PENALTIES

Universal Citation: 15 NM Admin Code 15.10.61.8

Current through Register Vol. 35, No. 18, September 24, 2024

A. Any portion of the fines or penalties described in this rule may be enhanced or suspended, depending on the particular facts and circumstances of the individual case and where warranted by the evidence and the interests of public health, safety and welfare.

B. Violations involving sales to minors or intoxicated persons by licensee:

CodeDescription
90Sale to intoxicated person
105 Sale to a minor
(1) The first offense within a 12 month period will result in a fine ranging from one thousand dollars ($1,000) to two thousand dollars ($2,000) and suspension of all alcohol sales for a minimum of one business day.

(2) The second offense within a 12 month period will result in a fine ranging from two thousand dollars ($2,000) to three thousand dollars ($3,000) and suspension of all alcohol sales for seven business days or possible revocation of the license if the licensee's citation history shows a pattern warranting revocation.

(3) Three or more offenses within a 12 month period shall result in a fine of ten thousand dollars ($10,000) and revocation of the liquor license. The director may allow a reasonable period of time for the licensee to sell the license in lieu of revocation, provided that the licensee places the license into voluntary suspension until the date of sale or revocation.

(4) Any combination of three offenses involving sales to minors or sales to intoxicated persons occurring within a 12 month period shall result in a fine of ten thousand dollars ($10,000) and revocation of the liquor license.

C. Violations involving sales to minors or intoxicated persons by server:

CodeDescription
313Sale to minor or to an intoxicated person
(1) the first offense may result in a fine up to $500, up to a 30-day suspension, or both;

(2) the second offense may result in a fine up to $500, up to a one-year suspension, or both;

(3) the third offense may result in a fine of up to $500, a suspension of greater than one year, or revocation.

D. Violations involving licensing issues: Penalties imposed for the following violations will depend upon the facts and circumstances of each case and, unless enhanced or suspended in whole or in part, will include administrative fines within the ranges shown below. Penalties may also include suspension or revocation of the liquor license.

Code

Description

Fine

117

more than one entity profiting

two thousand dollars ($2,000) to ten thousand dollars ($10,000)

118

unauthorized entity profiting or operating

one thousand five hundred dollars ($1,500) to ten thousand dollars ($10,000)

119

failure to report change of ownership or structure

two hundred fifty dollars ($250) to three thousand dollars ($3,000)

135

failure to renew license

five hundred dollars ($500) to three thousand dollars ($3,000)

205

unauthorized transfer of a liquor license

three thousand dollars ($3,000) to ten thousand dollars ($10,000)

300

persons prohibited from holding a license

three thousand dollars ($3,000) to ten thousand dollars ($10,000)

E. Illegal sale, delivery or possession of alcoholic beverages: Penalties imposed for the following violations will depend upon the facts and circumstances of each case and, unless enhanced or suspended in whole or in part, will include administrative fines ranging from five hundred dollars ($500) to ten thousand dollars ($10,000). Penalties may also include suspension or revocation of the liquor license.

CodeDescription
160sale/possession - illegal

F. Public nuisance violations:

CodeDescription
125public nuisance
(1) Penalties imposed for public nuisance violations will be determined depending upon the facts and circumstances of each case and, unless enhanced, will include the administrative fines and penalties shown below.

(2) The first offense will result in a fine of two thousand dollars ($2000). A plan of correction of the violations, including timetables for such correction, must be agreed to by the parties within 30 days after the division notifies the licensee, or the citation may be referred to a formal hearing.

(3) Failure to correct the violations as agreed will result in an additional fine of three thousand dollars ($3,000) and immediate suspension of the license until the corrections are completed.

(4) The second offense within a 24-month period will result in a fine of four thousand dollars ($4000). A plan of correction of the violations, including timetables for such correction, must be agreed to by the parties within 30 days after the department notifies the licensee, or the citation may be referred to a formal hearing. After the plan of correction is agreed to, the license will be immediately suspended until completion of the corrections.

(5) The third offense in a 36-month period will result in revocation of the license.

G. Violations involving commercial gambling: Penalties imposed for commercial gambling violations will depend upon the facts and circumstances of each case and, unless enhanced or suspended in whole or in part, will include the administrative fines shown below. Penalties may also include suspension or revocation of the liquor license.

CodeDescription
40commercial gambling
(1) The first offense will result in a fine of three thousand dollars ($3,000).

(2) The second offense will result in a fine of four thousand dollars ($4,000).

(3) The third offense will result in a fine of five thousand dollars ($5,000).

(4) Four or more offenses will result in a fine of ten thousand dollars ($10,000).

H. Violations involving club sales provision: Penalties imposed for the following violations will depend upon the facts and circumstances of each case and, unless enhanced or suspended in whole or in part, will include administrative fines ranging from five hundred dollars ($500) to five thousand dollars ($5,000). Penalties may also include suspension or revocation of the liquor license.

CodeDescription
35liquor sales to non-members
37 other violations of club sales restrictions

I. Violations of a tasting permit:

CodeDescription
36tasting permit
(1) For a first violation, a fine no greater than one thousand dollars ($1,000) or a suspension of the tasting permit for a period of two months, or both;

(2) For a second violation within a year of the first violation, a fine no greater than two thousand dollars ($2,000) or a suspension of the tasting permit for a period of six months, or both; and

(3) For a third violation within a year of the first violation, a citation against the master license, a fine no greater than five thousand dollars ($5,000), and a suspension of the tasting permit for one year.

J. Violation for Illegal Extension of Credit by Wholesalers: Any wholesaler that extends credit for the sale of alcoholic beverages for any period more than thirty days shall be subject to a fine of ten thousand dollars ($10,000) for each violation. Additional violations within a year of the first violation may also result in suspension or revocation of the license.

CodeDescription
38credit extension

K. Violations involving other licensing, sales and service matter: Penalties imposed for the following violations will depend upon the facts and circumstances of each case and, unless enhanced or suspended in whole or in part, will include administrative fines ranging from five hundred dollars ($500) to five thousand dollars ($5,000). Penalties may also include suspension or revocation of the liquor license.

Code

Description

1

unauthorized package sale

3

unattended alcoholic beverages

27

purchase from other than a wholesaler

28

alcohol server training program - failure to complete

29

alcohol server training certification - failure to renew

45

removal of open container from licensed premises

66

violation of restaurant license restriction

80

employing an underage person

87

dispenser, drink or price violation

107

minor in possession/consuming

110

unaccompanied minor in restricted area of premises

120

operating hours - improper or illegal

145

unauthorized sale by the drink

146

filling of bottles

155

sale from other than controlled access area of licensed premises

157

change of floor plan without approval

180

special dispenser's, private celebration or public celebration permit violation

215

violation of wholesaler license restriction

301

obstruction of the administration of the liquor control act

302

private party violation

320

employee drinking on duty

321

segregated sales violation

L. Miscellaneous violations of the liquor control act or regulations: Penalties imposed for the following violations will depend upon the facts and circumstances of each case and, unless enhanced or suspended in whole or in part, will include administrative fines ranging from two hundred fifty dollars ($250) to three thousand dollars ($3,000). Penalties may also include suspension or revocation of the liquor license.

Code

Description

5

advertising - illegal

10

agency responsibility/authority

25

failure to engage in business

26

failure to suspend license

50

unauthorized display of copy/facesimile of license

100

improper lighting

116

unauthorized change of dba name

175

sanitation violation

303

beer keg labeling violation

304

unauthorized change of corporate name

314

required documents on licensed premises

323

violation of a bed and breakfast rule

M. Other violations not specifically listed: Penalties imposed for the following violations will depend upon the facts and circumstances of each case and may include administrative fines up to ten thousand dollars ($10,000) and suspension or revocation of the liquor license.

CodeDescription
999miscellaneous

N. Violations involving providers: Penalties imposed for the following violations will depend upon the facts and circumstances of each case and, unless enhanced or suspended in whole or in part, will include administrative fines up to five hundred dollars ($500).

Code

Description

305

failure to notify of sale, right to own, teach, or use of program to any person

306

providing false information regarding certified program completion

307

failure to conduct the program as certified by the division

308

filing an application for certification of a provider, instructor, or program with false information

310

failure to comply with provisions of alcohol server education article or rules promulgated there under

O. Violations of the alcohol server education article involving licensees: Penalties imposed for the following violations will be as listed below unless enhanced or suspended in whole or in part and depend upon the facts and circumstances of each case.

Code

Description

316

Employing a person without a server permit up to five hundred dollars ($500)

317

failure to maintain copies of server permits on the licensed premises: twenty dollars ($20) per permit

318

failure to produce a copy of an employee's server permit: twenty dollars ($20) per permit

319

Permitting a person with a suspended or revoked permit to serve alcoholic beverages: up to five hundred dollars ($500)

P. Suspension of alcoholic beverage sales:

(1) When suspension of alcoholic beverage sales is a penalty for violation of the Liquor Control Act, suspension will be addressed as follows:
(a) for a one-day suspension, the licensee will be required to suspend alcohol sales on the same day of the week that the violation occurred, except that if the violation occurred earlier than 3:00 a.m., then the licensee will be required to suspend alcohol sales on the day of the week immediately prior to the day that the violation occurred;

(b) for a suspension of more than one day, the licensee will be required to suspend alcohol sales for consecutive days, beginning on the same day of the week that the violation occurred, except that if the violation occurred earlier than 3:00 a.m., then the licensee will be required to suspend alcohol sales beginning on the day of the week immediately prior to the day that the violation occurred.

(2) If the penalty for a violation is suspension, no fine is payable in lieu of suspension.

(3) Signs provided by the division must be posted on all cash registers and entrances to the restricted area on days that alcohol sales are suspended because of violations of the act.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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