(A) It is a violation of this subchapter for any governmental licensee and its lessee, retailer, canopy licensee, dispenser, restaurant licensee, club licensee or any other person, except the minor’s parent, guardian, adult spouse or adult person into whose custody any court has committed the minor for the time, outside the presence of the minor’s parent, guardian, adult spouse or adult person into whose custody a court has committed the minor for the time, to do any of the following acts:
(1) To sell, serve or give any alcoholic beverages to a minor or permit a minor to consume alcoholic beverages on the licensed premises;
(2) To buy alcoholic beverages for or to procure the sale or service of alcoholic beverages to a minor;
(3) To deliver alcoholic beverages to a minor; or
(4) To aid or assist a minor to buy, procure or be served with alcoholic beverages.
(B) It is a violation of this subchapter for any minor to buy, attempt to buy, receive, possess or permit himself or herself to be served with any alcoholic beverages except when accompanied by his or her parent, guardian, adult spouse or an adult person into whose custody he or she has been committed for the time by a court, who is present at the time the alcoholic beverages are bought, received by, served and/or delivered to him or her.
(C) Any person not a minor who deceives another person to believe that a minor is legally entitled to be sold, served or delivered alcoholic beverages has violated this subchapter. The person deceived has not violated that act.
(D) It is a violation of this subchapter for a minor to buy, attempt to buy, receive, possess or permit himself or herself to be served any alcoholic liquor except when accompanied by his or her parent, guardian, adult spouse or an adult person into whose custody he or she has been committed for the time by some court and who is actually, visibly and personally present at the time the alcoholic liquor is delivered to him or her or being present in a licensed liquor establishment, other than a restaurant or a licensed retail liquor establishment, except when accompanied by his or her parent, guardian, adult spouse or an adult person into whose custody he or she has been committed for the time by some court and who is actually, visibly and personally present at the time. As used in this division, RESTAURANT means any establishment having a New Mexico resident as a proprietor or manager which is held out to the public as a place where meals are prepared and served primarily for on-premises consumption to the general public in consideration of payment and which has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals and does not include establishments as defined in regulations promulgated by the Director of the Department of Alcoholic Beverage Control serving only hamburgers, sandwiches, salads and other fast foods.
(E) In any proceedings under division (A) above, it is not necessary for the prosecution, or any person, official or party urging to or contending that the division has been violated, to allege or prove that the parent, guardian, adult spouse or any adult person into whose custody any minor has been committed by any court, was not actually, visibly and personally present at the time of the alleged violation, but the matters are matters of defense to be established and proved by the person against whom the prosecution or proceedings is brought.
(F) As used in this subchapter, MINOR means any person under 21 years of age.
(G) Violation of this section by a minor with respect to possession is a petty misdemeanor. Any sentence imposed pursuant to this section may be suspended in the discretion of the court upon the condition that:
(1) The minor relinquish his or her driver’s license for a period not to exceed 3 months, where upon the trial court may dismiss the possession of alcoholic liquor charge and it shall not be considered a conviction. In the event the minor’s drivers’s license is relinquished, the trial court shall inform the motor vehicle division of the action; provided, however, if the minor drives during the period of relinquishment, then the court may impose a fine, jail sentence or both, the fine and sentence not to exceed the maximums imposed for petty misdemeanors or may impose punishment pursuant to division (G)(2) below.
(2) The minor assists in a community project, designated by the court, up to 50 hours, whereupon the trial court may dismiss the possession of alcoholic liquor charge, and it shall not be considered a conviction.
(Ord. 557, passed 10-14-1986) Penalty, see § 112.99