A. The state fair commission shall have power and authority to hold annually on suitable grounds a state fair at which shall be exhibited livestock, poultry, vegetables, fruits, grains, grasses and other farm products, minerals, ores and other mining exhibits, mining machinery and farm implements and all other things that the commissioners or a majority thereof deem consonant with the purposes of a state fair for the purposes of advancing the agricultural, horticultural and stock raising, mining, mechanical and industrial pursuits of the state and shall have the care of its property and be entrusted with the entire direction of its business and its financial affairs consistent with the provisions of Sections 16-6-15 and 16-6-16 NMSA 1978.

B. The state fair commission or its designees, among other duties, shall:

(1) prepare, adopt, publish and enforce all necessary rules for the management of the New Mexico state fair and its meetings and exhibitions and for the guidance of its officers, employees and exhibitors;

(2) determine the duties, compensation and tenure of office of all of its officers and employees and may remove from office or discharge any person appointed or employed by it at will;

(3) have the power to appoint all necessary fairgrounds police to keep order on the grounds and in the buildings of the state fair. The fairgrounds police so appointed shall be vested with the same authority for such purposes as peace officers;

(4) have the power to charge entrance fees and admissions and lease stalls, stands and restaurant sites, give prizes and premiums, arrange entertainments and do all things that by the commission may be considered proper for the conduct of the state fair not otherwise prohibited by law;

(5) prohibit the sale or consumption of alcoholic beverages on the grounds of the state fair except in controlled access areas within the licensed premises;

(6) meet with the director of the alcohol and gaming division of the regulation and licensing department and other parties in interest to designate the controlled access areas on which the sale and consumption of alcoholic beverages may be permitted;

(7) annually request funding to support the operations and maintenance of the African American performing arts center and exhibit hall housed on the state fairgrounds; and

(8) provide staff to support the operations and maintenance of the African American performing arts center and exhibit hall.

C. As used in this section, "alcoholic beverages" means distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half of one percent alcohol, but excluding medicinal bitters.

History: Laws 1913, ch. 46, § 4; Code 1915, § 5008; C.S. 1929, § 127-104; 1941 Comp., § 48-2104; 1953 Comp., § 45-20-4; Laws 1961, ch. 34, § 1; 1975, ch. 108, § 1; 1993, ch. 68, § 2; 2019, ch. 82, § 1.

Cross references. — For sale, service and consumption of alcoholic beverages on the state fair grounds and on the grounds of golf courses, see 60-6A-31 NMSA 1978.

The 2019 amendment, effective June 14, 2019, required the state fair commission to annually request funding to support the operations and maintenance of the African American performing arts center and exhibit hall, and to provide staff to support the operations and maintenance of the African American performing arts center and exhibit hall; in Subsection B, after "commission", added "or its designees", added paragraph designations "(1)" through "(6)", and added Paragraphs B(7) and B(8); added subsection designation "C."; and in Subsection C, after "As used in this", changed "subsection" to "section".

The 1993 amendment, effective July 1, 1993, inserted the Subsection A and B designations; substituted "Sections 16-6-15 and 16-6-16 NMSA 1978" for "Sections 45-20-14 and 45-20-15 NMSA 1953" at the end of Subsection A; added the final two sentences in Subsection B; and made minor stylistic changes throughout the section.

Holding other offices. — Members of the legislature may not serve on the following boards and commissions: (1) livestock board; (2) state police board; (3) capitol buildings improvement commission; (4) board of regents - El Rito normal; (5) state fair commission; (6) miners' hospital of New Mexico. 1959 Op. Att'y Gen. No. 59-140.

State fair commission need not advertise nor invite bids from prospective concessionaires but may negotiate the award of a concession contract; provided, however, the commission obtains fair market value in exchange for the concessionaire's right to do business on the state fairgrounds. 1980 Op. Att'y Gen. No. 80-07.

Commission may choose any reasonable method of making services available. — The commission may choose any reasonable method it deems appropriate and expedient to ensure the availability of food and beverage services to the general public attending functions at the state fair or on the state fairgrounds. 1980 Op. Att'y Gen. No. 80-07.

Granting liquor concessions. — The state fair commission has authority to grant concessions for the sale of liquor upon the state fair grounds, if the provisions of law are complied with. 1914 Op. Att'y Gen. No. 14-1303.

Carrying general liability insurance. — State fair commission is empowered under this section to carry general liability insurance. 1941 Op. Att'y Gen. No. 41-3852.