New Mexico § 60-6A-10 - Governmental license

§ 60-6A-10. Governmental license

A. A governmental entity may sell alcoholic beverages directly or through its lessee

at a governmental facility if the governing body applies to the director for a governmental

license. The governmental entity and its lessee shall be subject to all state laws and regulations

governing dispensers. B. A governmental license may be leased to a qualified lessee and may only be used

by the lessee for its operation during events authorized by the governmental entity

at the governmental facility designated on the governmental license. The governmental entity and its lessee shall not sell alcoholic beverages for consumption

off the licensed premises. On the licensed premises of a governmental facility, the sale or service of alcoholic

beverages in unbroken packages is allowed. Alcoholic beverages shall not be removed from the licensed premises of a governmental

facility. A server as defined in Section 60-6E-3 NMSA 1978 is not required to be present in a suite to serve alcoholic beverages to the person

leasing the suite or the person's guests. C. A governmental entity holding a governmental license shall annually and not less

than sixty days prior to the date for renewal of its license submit to the director

documentary proof that its lessee is fully qualified to be a lessee of a governmental

license. If the director finds that the lessee is qualified to lease a governmental license,

the director shall renew the license for an additional period of one year. If the director determines that the proof is inadequate, the director shall notify

the governing body of the decision and shall conduct a hearing as provided by law. If the director finds that the lessee does not qualify and the governmental entity

does not change its lessee, the director shall revoke the license. D. The provisions of Section 60-6A-18 NMSA 1978 shall not apply to governmental licenses. E. For the purposes of this section: (1) “ governmental entity ” means a municipality, a county, a state fair that is held for less than ten days

per year, the state fair commission, a state museum, a state university or the spaceport

authority; (2) “ governmental facility ” means locations on property owned or operated by a governmental entity, including

county fairs; state fairs held for less than ten days per year; convention centers;

airports; civic centers; food service facilities in state museums; auditoriums;

all facilities on the New Mexico state fairgrounds; facilities used for athletic

competitions; golf courses, including golf courses required to be used for municipal

purposes notwithstanding that there may be an existing club license at the same location

operated by the same club licensee; other facilities used for cultural or artistic

performances; and all spaceport authority facilities; (3) “ lessee ” means an individual, corporation, partnership, firm or association that fulfills

the requirements set forth in Subsections A through D of Section 60-6B-2 NMSA 1978; and (4) “ suite ” means a room or area of seating at an event, separated from the general seating,

leased to a person for that person's exclusive use during events and at any other

time throughout the year. F. The provisions of Section 60-6B-10 NMSA 1978 , with respect to golf courses owned by a governmental entity and civic centers owned

and operated by a governmental entity, shall not apply to governmental licenses.