It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a person to sell or serve alcoholic beverages to or to procure or aid in the procurement of alcoholic beverages for an intoxicated person if the person selling, serving, procuring or aiding in procurement, knows or has reason to know that he is selling, serving, procuring or aiding in procurement of alcoholic beverages for a person that is intoxicated.

History: Laws 1981, ch. 39, § 93; 1993, ch. 68, § 19.

Cross references. — For tort liability for alcoholic liquor sales or service, see 41-11-1 NMSA 1978.

The 1993 amendment, effective July 1, 1993, substituted the language beginning "if the person selling" for "knowing that the person buying or receiving service of alcoholic beverages is intoxicated" at the end of the section.

This section must not be read to impose a duty on the tavernkeeper to the intoxicated patron. Trujillo v. Trujillo, 1986-NMCA-052, 104 N.M. 379, 721 P.2d 1310, cert. denied, 104 N.M. 289, 720 P.2d 708, overruled by Mendoza v. Tamaya Enters., 2010-NMCA-74, 148 N.M. 534, 238 P.3d 903.

Liability for serving intoxicated person. — A person may be subject to liability if he or she breaches his or her duty by violating a statute or regulation, such as this section, which prohibits the selling or serving of alcoholic liquor to an intoxicated person, the breach of which is found to be the proximate cause of injuries to a third party. The imposition of this new liability will be applied prospectively. Lopez v. Maez, 1982-NMSC-103, 98 N.M. 625, 651 P.2d 1269.

Lessor of liquor license can be held liable under the terms of this section if a violation is proved. Williams v. Ashbaugh, 1986-NMCA-073, 120 N.M. 731, 906 P.2d 263, aff'd, 1987-NMSC-120, 106 N.M. 598, 747 P.2d 244.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 140.

Entrapment to comment offense against laws regulating sales of liquor, 55 A.L.R.2d 1322.

Common-law right of action for damage sustained by plaintiff in consequence of sale or gift of intoxicating liquor or habit-forming drug to another, 97 A.L.R.3d 528, 62 A.L.R.4th 16.

Liability of persons furnishing intoxicating liquor for injury to or death of consumer, outside coverage of civil damage acts, 98 A.L.R.3d 1230.

Tavernkeeper's liability to patron for third person's assault, 43 A.L.R.4th 281.

Intoxicating liquors: employer's liability for furnishing or permitting liquor on social occasion, 51 A.L.R.4th 1048.

Social host's liability for injuries incurred by third parties as a result of intoxicated guest's negligence, 62 A.L.R.4th 16.

Passenger's liability to vehicular accident victim for harm caused by intoxicated motor vehicle driver, 64 A.L.R.4th 272.

Social host's liability for death or injuries incurred by person to whom alcohol was served, 54 A.L.R.5th 313.

48 C.J.S. Intoxicating Liquors § 258.