N.M. Admin. Code § 15.10.33.11 - DEFENSE TO SALE TO A MINOR

If the licensee can establish all of the following, it shall be a valid defense to the administrative charge of a sale to a minor:

A. the purchaser falsely represented his or her age by producing, at the time of the alleged illegal sale, a photo identification card which appears to have been issued by a federal, state, county or municipal government, or sub department or agency thereof, and which shows the purchaser to be 21 years of age or older; and

B. the purchaser appeared to be 21 years of age or older; and

C. the seller reasonably relied on the false identification presented and on the purchaser's appearance, thereby believing the purchaser to be 21 years of age or older.

Notes

N.M. Admin. Code § 15.10.33.11

3/31/97; 7/15/99; 15.10.33.11 NMAC - Rn, 15 NMAC 10.3.3.11, 04/14/06, Adopted by New Mexico Register, Volume XXVIII, Issue 08, April 25, 2017, eff. 4/25/2017