N.M. Code R. § 15.10.51.11

Current through Register Vol. 35, No. 9, May 7, 2024

Section 15.10.51.11 - SALES TO INTOXICATED PERSONS

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.

N.M. Code R. § 15.10.51.11

3/31/97; 7/15/99; 2/29/00; 15.10.51.11 NMAC - Rn, 15 NMAC 10.5.1.11 & A, 10/15/06, Adopted by New Mexico Register, Volume XXVIII, Issue 08, April 25, 2017, eff. 4/25/2017, Amended by New Mexico Register, Volume XXXII, Issue 18, September 28, 2021, eff. 9/28/2021