Loitering of minors consists of the owner or operator of any saloon permitting a person under the age of twenty-one years to attend, frequent or loiter in or about such premises without being accompanied by the parent or guardian of the person.
Whoever commits loitering of minors is guilty of a petty misdemeanor.
History: 1953 Comp., § 40A-20-6, enacted by Laws 1963, ch. 303, § 20-6; 1973, ch. 138, § 17; 1977, ch. 35, § 1.
Instructions to employees no defense. — That proprietor of saloon in which gambling was permitted instructed his employees not to allow minors to gamble was no defense, where minors were permitted to gamble by his bartender. Territory v. Church, 1907-NMSC-025, 14 N.M. 226, 91 P. 720 (decided under prior law).
Absolute prohibition. — There is an absolute prohibition against the frequenting and loitering of any minor upon premises used for the sale and consumption of alcoholic beverages. 1958 Op. Att'y Gen. No. 58-151.
Public dance to be kept free of alcohol. — Where minors for the purposes of a public dance use a segregated part of the American Legion Hall, it must at all times during such use be kept entirely free from alcoholic beverages, such restriction including not only sales and services but the permitting of beverages to be carried into the hall by anyone regardless of the source or place of original purchase. 1958 Op. Att'y Gen. No. 58-151.
Principal business and purpose. — The only workable method of classifying an establishment as a poolroom (permission of unaccompanied minors to frequent which was prohibited prior to 1977 amendment) was the principal business and purpose test. 1964 Op. Att'y Gen. No. 64-32 (opinion rendered under prior law).
Establishment not poolroom. — Since principal business and purpose of bowling establishment which also contained four pool tables and a snack bar was not the playing of pool, the establishment was not a poolroom. 1964 Op. Att'y Gen. No. 64-32 (opinion rendered under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of loitering statutes and ordinances, 25 A.L.R.3d 836.
Validity, construction, and application of loitering statutes and ordinances, 72 A.L.R.5th 1.
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