1. A. A person licensed pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] or any employee, agent or lessee of that person may refuse to deliver, sell or serve alcoholic beverages to any person who is unable to produce an identity card as evidence that the person is twenty-one years of age or over.
2. B. An identity document is valid for the purposes of the Liquor Control Act even if it has expired.
3. C. Except for deliveries of alcoholic beverages pursuant to Section 4 [60-6A-37 NMSA 1978] of this 2021 act, it is unnecessary to ask for an identity document if the person clearly looks older than thirty-five years of age.

History: Laws 1981, ch. 39, § 85; 1985, ch. 184, § 2; 1993, ch. 68, § 23; 2021, ch. 7, § 31.

ANNOTATIONS

The 2021 amendment, effective July 1, 2021, provided that a person licensed pursuant to the provisions of the Liquor Control Act has the discretion to refuse to deliver, sell or serve alcoholic beverages to any person who is unable to produce an identity card as evidence that the person is twenty-one years of age, provided that an identity document is valid for the purpose of the Liquor Control Act even if it has expired, and provided that, except for deliveries of alcoholic beverages, it is unnecessary to ask for an identity document if the person purchasing alcoholic beverages clearly looks older than thirty-five years of age; in Subsection A, after "that person", changed "shall" to "may", and after "refuse to", added "deliver"; and added Subsections B and C.

The 1993 amendment, effective July 1, 1993, substituted "Any person licensed pursuant to the provisions of the Liquor Control Act or any employee, agent or lessee of that person shall" for "Any retailer, dispenser, restaurant licensee, club licensee, canopy licensee or governmental licensee and its lessee may".