The following classes of persons shall be prohibited from receiving or holding licenses under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978]:

1. A. a person who has been convicted of two separate misdemeanor or petty misdemeanor violations of the Liquor Control Act in any calendar year or of any felony, unless the person is restored to the privilege of receiving and holding licenses by the governor or unless the director determines that the person merits the public trust, in which case the person shall receive licenses under reasonable terms and conditions fixed by the director, which shall include that the person pay an administrative penalty of two thousand five hundred dollars ($2,500) for each license held by that person;
2. B. a person whose spouse had been convicted of a felony unless the person demonstrates that the convicted spouse will have no involvement in the operation of the license;
3. C. a minor; or
4. D. a corporation that is not duly qualified to do business in New Mexico, unless the licensee holds a public service license or a nonresident license issued under Section 60-6A-7 NMSA 1978; provided, however, that a corporation that owns stock in a corporation that owns a New Mexico liquor license does not need to be qualified to do business in New Mexico regardless of the size of the ownership interest.

History: Laws 1981, ch. 39, § 37; 1987, ch. 198, § 1; 1989, ch. 292, § 1; 1991, ch. 119, § 6; 1993, ch. 329, § 3.

ANNOTATIONS

The 1993 amendment, effective June 18, 1993, added present Subsection B; redesignated former Subsections B and C as present Subsections C and D; and made stylistic changes in Subsection D.

The 1991 amendment, effective June 14, 1991, inserted "or petty misdemeanor" in Subsection A.

Persons convicted of felonies. — A bar and liquor license had been held in trust by a father for his son, a convicted felon. Upon the son's death, the doctrine of unclean hands did not preclude judgment in favor of the son's heirs, who sued to enforce the trust. Granado v. Granado, 1988-NMSC-069, 107 N.M. 456, 760 P.2d 148.

The director of the department of alcoholic beverage control (now 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.

Two misdemeanors in same year preclude license renewal. — Two personal misdemeanor violations of the liquor act within one calendar year are requisite before prohibition on receiving a renewal license becomes applicable. 1945 Op. Att'y Gen. No. 45-4680.

Conviction, subsequent arrest on another charge, insufficient for section's prohibition. — Two convictions, and not merely one conviction and a subsequent arrest on another charge, must occur in the same calendar year in order for the prohibition of this section to become operative. 1965 Op. Att'y Gen. No. 65-215.

One-year sentence imposed by court-martial not felony. — Imposition of a sentence of more than one year by a duly appointed court-martial is not to be considered a felony per se as contemplated by the language of this section. 1958 Op. Att'y Gen. No. 58-06.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors §§ 157 to 162.

48 C.J.S. Intoxicating Liquors § 135.