This rule was filed as 15 NMAC 10.5.4.

TITLE 15 GAMBLING AND LIQUOR CONTROL

CHAPTER 10 ALCOHOLIC BEVERAGES GENERAL PROVISIONS

PART 54 SALES - CLUBS

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

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

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

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

15.10.54.3 STATUTORY AUTHORITY: Sections 9-16-6(D) and 9-16-6(B)(2) NMSA 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 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]

15.10.54.4 DURATION: Permanent

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

15.10.54.5 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 [now part] remain unchanged from the following rule: AGD Regulation 7A-13, Sales by Clubs, filed 9-25-90.

[3/31/97; 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[Compiler’s note: The words or paragraph, above, are no longer applicable.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.]

15.10.54.6 OBJECTIVE: These regulations are intended to establish additional standards by which club licensees may sell and serve alcoholic beverages under the Liquor Control Act.

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

15.10.54.7 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: This paragraph has been moved and renumbered to 15 NMAC 10.1.1.7.15 [now Subsection O of 15.10.2.7 NMAC]

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

15.10.54.8 SALES LIMITED TO MEMBERS AND GUESTS:

A. Whenever a member invites one or more bona fide guests to use the club's alcoholic beverage facilities, the club shall be responsible for identifying each bona fide guest and the club member responsible for such guest.

B. A member who has invited bona fide guests to use club facilities shall be present at all times while the guests are on the club premises. Except as otherwise permitted by law, no person other than the club members, bona fide guests, and club employees shall be allowed on any part of the licensed premises where alcoholic beverages are being sold, served, or consumed under the club license.

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

15.10.54.9 GAMES OF CHANCE:

A. A club holding a valid club license issued under the Liquor Control Act and a valid license issued under the Bingo and Raffle Act or a valid license issued under the Gaming Control Act, may not sell, serve, or allow the consumption of alcoholic beverages within the area of the licensed premises in which games of chance, as defined in the Bingo and Raffle Act or the Gaming Control Act and as authorized by a license issued pursuant to those acts, are being conducted. A club holding a valid club license issued under the Liquor Control Act and a valid license issued under the Bingo and Raffle Act or a valid license issued under the Gaming Control Act may conduct those games of chance authorized by its license or licenses, upon the licensed premises, subject to the following conditions:

(1) games of chance may be conducted in areas of the licensed premises that are physically segregated from areas in which alcoholic beverages are being sold, served, or consumed. The areas must be separated by walls or other physical obstructions limiting movement of members and their guests between the areas; and

(2) no alcohol may be sold, served, or consumed within the physical area in which games of chance are being conducted; and

(3) appropriate signs must be posted within the areas in which games of chance are being conducted advising members and their guests that alcoholic beverages may not be sold, served, or consumed within those areas; and

(4) members and their guests are prohibited from participating in games of chance in areas in which alcoholic beverages are being sold, served, or consumed.

B. Nothing in this regulation shall be construed to authorize any forms of gambling within any licensed premises other than the games of chance specifically provided herein and in accordance with the Bingo and Raffle Act or the Gaming Control Act.

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

15.10.54.10 FUND RAISING EVENTS: A club may allow its facilities, including its licensed premises, to be used by another non-profit organization for a fund raising event if the club submits an application on the form provided by the department not less than 10 days before the date of the proposed event and receives written approval for the event.

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

HISTORY OF 15.10.54 NMAC:

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

ABC Regulation No. 7A-13(B)(2)(A), Penalties for Violation of Section 60-7A-13(B)(2), Sales by Clubs, Interpreting and Exemplifying Section 60-7A-13(B)(2) NMSA 1978 (1981 and 1985 Supp.), filed 10/29/85;

ABC 7A-13(B)(2)(A), Penalties for Violation of Section 60-7A-13(B)(2) NMSA 1978, led 2/13/86; and

AGD Regulation 7A-13, Sales by Clubs, filed 9/25/90.

History of Repealed Material: [RESERVED]