1. A. It is unlawful for any person to sell or attempt to sell alcoholic beverages at any place other than a licensed premises or as otherwise provided by the Liquor Control Act [60-3A-1 NMSA 1978].
2. B. Any person who violates the provisions of Subsection A of this section is guilty of a fourth degree felony.
3. C. Any conveyance used or intended to be used for the purpose of unlawful sale of alcoholic beverages or money which is the fruit or instrumentality of the crime is subject to forfeiture, and the provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of such property.

History: 1978 Comp., § 60-7A-4.1, enacted by Laws 1985, ch. 179, § 1; 1989, ch. 254, § 1; 1993, ch. 68, § 15; 2002, ch. 4, § 19.

ANNOTATIONS

The 2002 amendment, effective July 1, 2002, in Subsection C, after "crime", deleted "may be seized and upon conviction, in the discretion of the court, be forfeited and disposed of under the procedures set forth in Section 30-31-35 NMSA 1978"; and added the last phrase beginning "is subject to forfeiture".

The 1993 amendment, effective July 1, 1993, inserted "criminal" in the catchline; inserted "upon conviction" and "and disposed of" in Subsection C; and deleted the former second sentence of Subsection C, pertaining to taking custody of forfeited property.