New Mexico § 60-7A-3 - Transportation into state without permit; exportation of alcoholic beverages without permit; importation for private use; reciprocal shipping; when unlawful

§ 60-7A-3. Transportation into state without permit; exportation of alcoholic beverages without permit; importation for private use; reciprocal shipping; when unlawful

A. Except as provided in Subsections E and F of this section, it is a violation of

the Liquor Control Act for a registered common carrier to knowingly deliver a shipment

of alcoholic beverages from another state to a person in this state without receiving

at the time of delivery a permit issued by the department covering the quantity and

class of alcoholic beverages to be delivered and requiring the shipment be transported

from the shipper designated in the permit to the designated consignee and from the

designated point of origin to the destination designated in the permit. B. Except as provided in Subsections D through F of this section, it is a violation

of the Liquor Control Act for a person other than a registered common carrier to knowingly

transport from another state and deliver in this state alcoholic beverages, unless

the person has in the person's possession on entering New Mexico a permit from the

department for the quantity and class of alcoholic beverages to be delivered, designating

the name of the shipper and consignee and the point of origin and destination of the

alcoholic beverages. C. Except as provided in Subsections D and E of this section, it is a violation of

the Liquor Control Act for a person to transport out of state alcoholic beverages

on which the excise tax has not been paid, unless the shipment is accompanied by a

permit issued by the department for the exact quantity and class transported, showing

the consignee's federal and state license numbers and the point of origin and destination

of the alcoholic beverages. D. An individual not a minor may transport into or out of the state a reasonable amount

of alcoholic beverages for the exclusive purpose of the individual's private use or

consumption, and nothing in the Liquor Control Act limits or applies to such private

actions. E. An individual or licensee, except for a person holding a winery license, in a state

that affords New Mexico licensees or individuals an equal reciprocal shipping privilege

may ship for personal use and not for resale not more than two cases of wine, each

case containing no more than nine liters, per month to an individual not a minor in

this state. Delivery of a shipment pursuant to this subsection shall not be deemed to constitute

a sale in this state and nothing in the Liquor Control Act limits or applies to such

shipments. The shipping container of wine sent into or out of this state under this subsection

shall be labeled clearly to indicate that the package cannot be delivered to a minor

or to an intoxicated person. F. The holder of a direct wine shipment permit issued pursuant to Section 60-6A-11.1 NMSA 1978 may ship no more than two nine-liter cases of wine per month to a person living in

New Mexico who is twenty-one years of age or older for the person's personal consumption

and not for resale. G. As used in this section, “ in this state ” means within the exterior boundaries of the state.