A. A person who violates any provision of the Liquor Control Act [60-3A-1 NMSA 1978] or any rule or regulation promulgated by the department that is not declared by the Liquor Control Act to be a felony is guilty of a misdemeanor and, upon conviction thereof, the person shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

B. Any person convicted of a violation of the Liquor Control Act which is declared by the Liquor Control Act to be a fourth degree felony shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

History: Laws 1981, ch. 39, § 111; 1991, ch. 119, § 1; 1993, ch. 68, § 21.

The 1993 amendment, effective July 1, 1993, inserted "Criminal" in the catchline; deleted "petty" preceding "misdemeanor" in Subsection A; deleted the former second sentence of Subsection A, pertaining to the penalty upon conviction of a corporation; and rewrote Subsection B.

The 1991 amendment, effective June 14, 1991, in the first sentence of Subsection A, substituted "A person who violates" for "A violation of", "is guilty of a petty misdemeanor" for "shall be a misdemeanor" and "sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978" for "punished by a fine of not more than three hundred dollars ($300) or by confinement in jail not more than seven months or by both such fine and imprisonment"; and, in the second sentence of Subsection A, substituted "a violation of any provision of the Liquor Control Act [60-3A-1 NMSA 1978] it shall be a misdemeanor and the corporation shall be sentenced pursuant to the provisions of Section 31-20-1 NMSA 1978" for "such a violation, it shall be punished by a fine of not more than one thousand dollars ($1,000)".

Illegal sales in dry area punishable. — Liquor code provisions making it illegal to sell liquor without a license are applicable in dry areas, since liquor could otherwise be sold within these areas without punishment. State v. Bryant, 1949-NMSC-026, 53 N.M. 229, 205 P.2d 213.

Adult's custody no defense if not within statutory exemptions. — When minor was in custody of an adult who does not hold such legal relationship to the minor to come with exemptions of the statute, the fact of the adult's custody is no defense. State v. Sifford, 1947-NMSC-067, 51 N.M. 430, 187 P.2d 540.

Revocation of license of felon. — The director of the department of alcoholic beverage control (director of the alcohol and gaming division) has the duty, authority and power to revoke or cancel a liquor license owned by a person who is convicted of a felony. 1987 Op. Att'y Gen. No. 87-02.

When licensee not criminally liable for acts of his employees. — A liquor licensee would not be criminally liable for acts of agent or employee committed contrary to express instructions. 1959 Op. Att'y Gen. No. 59-24.

Law reviews. — For comment, "Intoxicating Liquors - Price Control - Fair Trade and Minimum Markups," see 4 Nat. Resources J. 189 (1964).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 431.

Recovery of cumulative statutory penalties, 71 A.L.R.2d 986.

48 C.J.S. Intoxicating Liquors § 286.