§ 3-6. Selling or giving liquor to minors; possession; minor defined.

(a)

It is unlawful for any club, retailer, dispenser or any other person, except the parent or guardian or adult spouse of any minor, or adult person into whose custody any court has committed the minor for the time, outside of the actual, visible personal presence of the minor's parent, guardian, adult spouse or the adult person into whose custody any court has committed the minor for the time, to do any of the following acts:

(1)

To sell, serve or give any alcoholic liquor to a minor or to permit a minor to consume alcoholic liquor on the licensed premises;

(2)

To buy alcoholic liquor for, or to procure the sale or service of alcoholic liquor to a minor;

(3)

To deliver alcoholic liquor to a minor; or

(4)

To aid or assist a minor to buy, procure or be served with alcoholic liquor.

(b)

It is unlawful for any minor to buy, attempt to buy, receive, possess or permit himself to be served with any alcoholic liquor except when accompanied by his parent, guardian, adult spouse or an adult person into whose custody he has been committed for the time by some court, who is actually, visibly and personally present at the time the alcoholic liquor is bought or received by him or possessed by him or served or delivered to him.

(c)

If any person except a minor procures any other person to sell, serve or deliver any alcoholic liquor to a minor by actual or constructive misrepresentation of any facts calculated to cause, or by the concealment of any facts the concealment of which is calculated to cause, the person selling, serving or delivering the alcoholic liquors to the minor to believe that such minor is legally entitled to be sold, served or delivered alcoholic liquors, and actually deceiving him by such misrepresentation or concealment, then that person, and not the person so deceived by such misrepresentation or concealment, shall have violated this section.

(d)

In any proceedings under subsection (a) of this section, it is not necessary for the prosecution, or any person, official or party urging or contending that such subsection has been violated, to allege or prove that the parent, guardian, adult spouse or any adult person into whose custody any such minor has been committed by any court, was not actually, visibly and personally present at the time of the alleged violation, but such matters are matters of defense to be established and proved by the person against whom the prosecution or proceedings is brought.

(e)

As used in this section "minor" means any person under twenty-one (21) years of age.

(Ord. No. 9, § 9, 6-9-53; Ord. No. 35, § 2, 12-21-60; Ord. No. 63, § 1, 10-27-69)

State law reference

Similar provisions, N.M.S.A. 1978, § 60-10-16.

Cross reference

Offenses relating to minors, § 11-131 et seq.