This rule was filed as 15 NMAC 10.3.1.

TITLE 15 GAMBLING AND LIQUOR CONTROLPART 1 GENERAL PROVISIONS

CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS

PART 31 PREMISES - GENERAL REQUIREMENTS

15.10.31.1 ISSUING AGENCY: New Mexico Regulation and Licensing Department, Alcohol and Gaming Division.

[3/31/97; Recompiled 12/31/01]

15.10.31.2 SCOPE: These regulations apply to all licensees under the New Mexico Liquor Control Act.

[3/31/97; Recompiled 12/31/01]

15.10.31.3 STATUTORY AUTHORITY: Sections 9-16-6(D) and 9-16-6(B)(2) NMSA 1978 of the Regulation and Licensing Department Act authorize the superintendent, or the superintendent's designee, to make and adopt such rules and regulations as necessary to carry out the duties of the division [department]. Section 60-3A-7 NMSA 1978 gives the regulation and licensing department authority over all matters relating to the issuance, denial, suspension or revocation of licenses under the Liquor Control Act.

[3/31/97; 7/15/99; Recompiled 12/31/01]

15.10.31.4 DURATION: Permanent.

[3/31/97; Recompiled 12/31/01]

15.10.31.5 EFFECTIVE DATE: March 31, 1997, unless a later date is cited at the end of a section or paragraph. Repromulgated and reformatted for New Mexico Administrative Code (NMAC) effective March 31, 1997. Certain paragraphs within this subpart remain unchanged from the following rules: AGD Regulation 3A-2(D), Lighting of Licensed Premises, filed 9/25/90; and AGD Regulation 3A-2(E), Sanitation Requirements, filed 9/25/90.

[3/31/97; 7/15/99; Recompiled 12/31/01]

[Compiler’s note: The words or paragraph, above, are no longer applicable. Later dates are now cited only at the end of sections, in the history notes appearing in brackets.]

15.10.31.6 OBJECTIVE: These regulations are intended to establish standards for the general operation and maintenance of licensed premises.

[3/31/97; Recompiled 12/31/01]

15.10.31.7 DEFINITIONS: Unless otherwise defined in 15 nmac 10.1.1 [now 15.10.2 NMAC], terms used in these regulations have the same meanings as set forth in the Liquor Control Act.

[3/31/97; 7/15/99; Recompiled 12/31/01]

15.10.31.8 LIGHTING OF LICENSED PREMISES: At any licensed premises open for business, the interior lighting shall be sufficient to make easily discernible to persons of average vision, the appearance, age and conduct of all persons on the premises where alcoholic beverages are sold, served or consumed.

[3/31/97; 7/15/99; Recompiled 12/31/01]

15.10.31.9 SANITATION REQUIREMENTS: All licensees shall comply with all applicable sanitation requirements prescribed by the state of New Mexico and local sanitation ordinances. Failure to comply shall be deemed a violation of this regulation.

[3/31/97; Recompiled 12/31/01]

15.10.31.10 POSTER REQUIREMENTS: This entire section has been moved and renumbered to 15 nmac 11.1.1.10 [now 15.11.2.10 NMAC].

[3/31/97; 7/15/99; Recompiled 12/31/01]

HISTORY OF 15.10.31 NMAC:

Pre-NMAC Regulatory Filing History: The material in this part was derived from that previously filed with the State Records Center and Archives under:

ABC Regulation No. 3A-2.(E), Lighting of Licensed Premises Regulation 3A-2.(E), Interpreting and Exemplifying Section 60-3A-2 NMSA 1978 (1981-1984 Supp.), filed 11/4/85;

AGD 3A-2(D), Lighting of Licensed Premises, filed 9/25/90;

ABC Regulation No. 3A-2.(F), Sanitation Requirements Regulation 3A-2.(F), Interpreting and Exemplifying Section 60-3A-2 NMSA 1978 (1981-1984 Supp.), filed 11/4/85; and

AGD 3A-2(E), Sanitation Requirements, filed 9/25/90.

History of Repealed Material:

15 NMAC 10.3.1.8.2, Repealed 7/15/99.