Possession or display of a license from the United States to sell alcoholic beverages in New Mexico by a person not licensed under the Liquor Control Act [60-3A-1 NMSA 1978] to sell alcoholic beverages or issuance of such a license by the district director of the internal revenue service shall be prima facie evidence that the person possessing or displaying the license, or to whom it was issued, is engaged in the business of selling alcoholic beverages, at the place for which it was issued or where it is displayed, in violation of the laws of New Mexico, and a certified copy of the records of the district director of the internal revenue service showing the issuance of the license or the payment of the tax therefor shall be admissible as evidence in any prosecution.
History: Laws 1981, ch. 39, § 107.
Defendant bears burden of proof. — Ownership of a license would cast upon the defendant in any case brought under the terms of this statute the burden of going forward with the evidence to prove that the defendant did not fall within the provisions of the statute, namely, with operating a club for profit. 1955 Op. Att'y Gen. No. 55-6203.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 380.
48 C.J.S. Intoxicating Liquors § 110.
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