A. A governmental entity may sell alcoholic beverages directly or through its lessee at a governmental facility if the governing body applies to the director for a governmental license. The governmental entity and its lessee shall be subject to all state laws and regulations governing dispensers.

B. A governmental license may be leased to a qualified lessee and may only be used by the lessee for its operation during events authorized by the governmental entity at the governmental facility designated on the governmental license. The governmental entity and its lessee shall not sell alcoholic beverages for consumption off the licensed premises. On the licensed premises of a municipal baseball park, the sale or service of alcoholic beverages in unbroken packages is allowed. Alcoholic beverages shall not be removed from the licensed premises of a municipal baseball park. A server as defined in Section 60-6E-3 NMSA 1978 is not required to be present in a skybox to serve alcoholic beverages to the person leasing the skybox or the person's guests.

C. A governmental entity holding a governmental license shall annually and not less than sixty days prior to the date for renewal of its license submit to the director documentary proof that its lessee is fully qualified to be a lessee of a governmental license. If the director finds that the lessee is qualified to lease a governmental license, the director shall renew the license for an additional period of one year. If the director determines that the proof is inadequate, the director shall notify the governing body of the decision and shall conduct a hearing as provided by law. If the director finds that the lessee does not qualify and the governmental entity does not change its lessee, the director shall revoke the license.

D. The provisions of Section 60-6A-18 NMSA 1978 shall not apply to governmental licenses.

E. For the purposes of this section:

(1) "governmental entity" means a municipality, a county, a state fair that is held for less than ten days per year, the state fair commission, a state museum, a state university or the spaceport authority;

(2) "governmental facility" means locations on property owned or operated by a governmental entity, including county fairs; state fairs held for less than ten days per year; convention centers; airports; civic centers; food service facilities in state museums; auditoriums; all facilities on the New Mexico state fairgrounds; facilities used for athletic competitions; golf courses, including golf courses required to be used for municipal purposes notwithstanding that there may be an existing club license at the same location operated by the same club licensee; other facilities used for cultural or artistic performances; and all spaceport authority facilities, but "governmental facility" does not include tennis facilities;

(3) "lessee" means an individual, corporation, partnership, firm or association that fulfills the requirements set forth in Subsections A through D of Section 60-6B-2 NMSA 1978;

(4) "municipal baseball park" means a governmental facility owned by a governmental entity in a class A county having a population of three hundred fifty thousand or more pursuant to the most recent federal decennial census that is the home stadium of an affiliate of a professional baseball team and that may be used throughout the year for baseball games and other events; and

(5) "skybox" means a room or area of seating of a municipal baseball park, separated from the general seating and usually located in the upper decks of the park, leased to a person for that person's exclusive use during baseball games and at any other time throughout the year.

F. The provisions of Section 60-6B-10 NMSA 1978, with respect to golf courses owned by a governmental entity and civic centers owned and operated by a governmental entity, shall not apply to governmental licenses.

History: Laws 1981, ch. 39, § 27; 1989, ch. 379, § 1; 1992, ch. 14, § 1; 2002, ch. 108, § 1; 2003, ch. 117, § 1; 2015, ch. 117, § 1; 2016, ch. 68, § 1.

The 2016 amendment, effective May 18, 2016, amended the Liquor Control Act by including the Spaceport Authority in the list of governmental entities eligible for governmental liquor licenses; in Subsection E, Paragraph (1), after "state museum", deleted "or", and after "state university", added "or the spaceport authority"; and in Paragraph (2), after "artistic performances", added "and all spaceport authority facilities".

The 2015 amendment, effective June 19, 2015, amended the Liquor Control Act by removing the restriction that a governmental entity that sells alcoholic beverages at a governmental facility that is a food service facility in a state museum or a municipal golf course may only sell beer and wine; in the first sentence of Subsection A, deleted "Except as provided in Subsection G of this section, a" and added "A"; in Subsection B, after "leasing the skybox or", deleted "his" and added "the person's"; in Subsection C, after "proof is inadequate", deleted "he" and added "the director", and after "governing body of", deleted "his" and added "the"; in Paragraph (4) of Subsection E, after "facility owned by a", deleted "government" and added "governmental"; in Subsection F, after "NMSA 1978", deleted "as regards" and added "with respect"; deleted Subsection G which restricted the sale of alcoholic beverages to beer and wine only for governmental entities that sold alcoholic beverages at state museums and municipal golf courses.

The 2003 amendment, effective June 20, 2003, inserted "On the licensed premises of a municipal baseball park, the sale or service of alcoholic beverages in unbroken packages is allowed. Alcoholic beverages shall not be removed from the licensed premises of a municipal baseball park. A server as defined in Section 60-6E-3 NMSA 1978 is not required to be present in a skybox to serve alcoholic beverages to the person leasing the skybox or his guests." at the end of Subsection B; inserted "a state museum" following "commission," near the end of Subsection E(1); in Subsection E(2), inserted "food service facilities in state museums" following "civic centers" near the middle and substituted "governmental facility" for "the term" near the end; inserted present Subsections E(4) and E(5); and inserted "a food service facility in a state museum or" following "facility that is" near the middle of Subsection G.

The 2002 amendment, effective July 1, 2002, inserted "the New Mexico state fair commission" in Subsection E(1); and inserted "all facilities on the New Mexico state fairgrounds" in Subsection E(2).

The 1992 amendment, effective March 3, 1992, added "Except as provided in Subsection G of this section," in the first sentence of Subsection A; inserted "including golf courses required to be used for municipal purposes notwithstanding that there may be an existing club license at the same location operated by the same club licensee," in Subsection E(2); inserted "and civic centers owned and operated by a governmental entity" in Subsection F; and added Subsection G.

Quota limitations enforced when licenses issued. — The director of the department of alcoholic beverage control cannot legally issue a liquor license to a city without regard to the quota limitation imposed under former Section 60-7-29 NMSA 1978. 1975 Op. Att'y Gen. No. 75-41.