TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 10 ALCOHOLIC
BEVERAGES GENERAL PROVISIONS
PART 61 CITATIONS - FINES AND PENALTIES
15.10.61.1 ISSUING AGENCY: The New Mexico
Regulation and Licensing Department, Alcoholic Beverage Control Division.
[15.10.61.1 NMAC - Rp, 15
10.61.1 NMAC, 4/25/2017; A, 9/28/2021]
15.10.61.2 SCOPE: These rules
apply to all licensees and applicants for licensure under the act.
[15.10.61.2 NMAC - Rp, 15
10.61.2 NMAC, 4/25/2017]
15.10.61.3 STATUTORY AUTHORITY: Section 60-3A-10 NMSA 1978 of the act authorizes the
director to make and adopt such rules as necessary to carry out the duties of
the division.
[15.10.61.3 NMAC - Rp, 15
10.61.3 NMAC, 4/25/2017]
15.10.61.4 DURATION: Permanent.
[15.10.61.4 NMAC - Rp, 15
10.61.4 NMAC, 4/25/2017]
15.10.61.5 EFFECTIVE DATE: April 25, 2017,
unless a later date is cited at the end of a section.
[15.10.61.5 NMAC - Rp, 15
10.61.5 NMAC, 4/25/2017]
15.10.61.6 OBJECTIVE: This rule is intended
to comply with Subsection M of Section 60-6C-4 NMSA 1978 which requires the
director to adopt reasonable regulations setting forth standards of penalties
concerning penalties imposed by the director.
It is also intended to establish violation codes for consistent tracking
within the division.
[15.10.61.6 NMAC - Rp, 15
10.61.6 NMAC, 4/25/2017]
15.10.61.7 DEFINITIONS: Unless
otherwise defined in 15.10.2 NMAC, terms used in ths rule have the same
meanings as set forth in the act.
[15.10.61.7 NMAC - Rp, 15
10.61.7 NMAC, 4/25/2017; A, 9/28/2021]
15.10.61.8 SCHEDULE OF PENALTIES:
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:
Code Description
90 Sale 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 unil 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:
Code Description
313 Sale 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.
Code Description
160 sale/possession - illegal
F. Public nuisance violations:
Code Description
125 public 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.
Code Description
40 commercial
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.
Code Description
35 liquor sales to non-members
37 other violations of club sales
restrictions
I. Violations of a tasting permit:
Code Description
36 tasting 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.
Code Description
38 credit 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/facsimile 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.
Code Description
999 miscellaneous
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
thereunder |
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.
[15.10.61.8 NMAC - Rp, 15
10.61.8 NMAC, 4/25/2017; A, 5/30/2017; A, 9/28/2021]
15.10.61.9 ENHANCEMENT OF SCHEDULED PENALTIES: Any penalty
set forth in these rules may be enhanced if the facts and circumstances warrant
enhancement of the penalties, up to the maximum allowed by the act.
[15.10.61.9 NMAC - Rp, 15
10.61.9 NMAC, 4/25/2017]
15.10.61.10 ENHANCEMENT OF SCHEDULED PENALTIES FOR
VIOLATIONS INVOLVING THE USE OF ALTERNATIVE FORMS OF ALCOHOL: In recognition of the heightened public
policy concerns regarding the greater potential for abuse and greater need for
deterrance, whenever a violation identified in this part involves the sale,
service or consumption of alternative forms of alcohol, including but not
limited to powdered, vaporized or freeze-dried alcohol, the penalty otherwise
set forth in this part shall be enhanced up to the maximum allowed by the act.
[15.10.61.1 NMAC - N, 4/25/2017]
15.10.61.11 COMPROMISE:
A. Whenever probable cause exists that
a licensee has violated a provision of the act or these rules, a citation may
be issued to the licensee for such violation. An infomal conference may be held with the
licensee to determine whether a compromise of the penalty for the violation
would be in the best interests of the state.
B. When a citation is issued at the
licensed premises, a copy of the citation may be provided to the licensee, or
the resident agent, or given to an employee who indicates he is in charge, or,
if no such employee is in charge, to any employee. Providing an employee with the citation shall
be considered the same as giving it to the licensee. Citations may be mailed to the licensee.
C. A copy of the citation shall be
filed in the division.
D. The fines and suspension imposed shall
not exceed those which could be imposed after hearing.
E. Subject to 15.10.61.10 NMAC, any
portion of the fine or penalties imposed may be suspended.
[15.10.61.11 NMAC - Rp, 15
10.61.10 NMAC, 4/25/2017]
HISTORY OF 15.1.61 NMAC:
Pre-NMAC History: The material in this part was derived from
that previously filed with the commission of public records, state records
center and archives under:
ABC Regulation 6C-9, Penalty
Compromise Regulation 6C-9, Interpreting and Exemplifying Section 60-6C-9 NMSA
1978, filed 8/13/1982;
ABC Regulation No. 6C-9,
Penalty Compromise Regulation 6C-9, Interpreting and Exemplifying Section
60-6C-9 NMSA 1978, filed 4/19/1984;
ABC Regulation No. 6C-9(A),
Penalty Compromise Regulation 6C-9(A), Interpreting and Exemplifying Section
60-6C-9 NMSA 1978 (1981-1984 Supp.), filed 11/4/1985;
AGD Regulation 6C-9,
Compromise, filed 9/25/1990;
ABC Regulation No. 6C-1(3).
(A), Public Nuisances Regulation 6C-1(3).(A), Interpreting and Exemplifying
Section 60-6C-1(3) NMSA 1978 (1981-1984 Supp.), filed 11/4/1985;
AGD 6C-1, Public Nuisances,
filed 9/25/1990.
History of Repealed Material:
15.10.61 NMAC, Citation -
Fines and Penalties, filed 9/15/2006 - Repealed effective 4/25/2017.
Other History:
AGD 6C-1, Public Nuisances
(filed 9/25/1990) and AGD Regulation 6C-9, Compromise (filed 9/25/1990) were
both renumbered, reformatted, amended and replaced by 15 NMAC 10.6.1, Citations
- Fines and Penalties, effective 3/31/1997.
15 NMAC 10.6.1, Citations -
Fines and Penalties, filed 3/14/1997 was renumbered, reformatted, amended and
replaced by 15.10.61 NMAC, Citation - Fines and Penalties, effective 10/15/2006.
15.10.61
NMAC, Citations - Fines and Penalties (filed 9/15/2006) was replaced by 15.10.61 NMAC, Citation - Fines and Penalties, effective 4/25/2017.