N.M. Admin. Code § 15.10.51.12 - "BYOB" EXCEPTION: PRIVATE PARTIES ON LICENSED PREMISES

No person or entity may bring alcoholic beverages, previously purchased, onto a licensed premises or onto any public premises, or consume alcoholic beverages purchased by package on a licensed premises, except as provided in this section.

A. A licensee may allow a private party at which the host provides his own alcoholic beverages to be held on the licensed premises, the host must be able to provide the licensee with a receipt for the alcohol being served at the event, showing where the alcohol was purchased.

B. If the host provides his own alcoholic beverages, no alcoholic beverages may be sold to any guest at the private party by the host, the licensee, or anyone else. The alcoholic beverages must be served to the guests by persons who hold valid current server permits.

C. If the private party is held during hours that the licensed premises is open to the public, the area where the private party is to be held must be closed to the public and security provided to prevent persons without invitations from entering.

D. Private parties must be held on days and at times during which the licensee is authorized to sell or serve alcoholic beverages.

E. A licensee may receive alcoholic beverages donated by a licensed New Mexico wholesaler to the host of the private party and may serve the donated alcoholic beverages at a private party if the wholesaler provides the licensee with an invoice for the donated alcoholic beverages.

Notes

N.M. Admin. Code § 15.10.51.12

3/31/97; 7/15/99; 7/15/99; 2/29/00; 15.10.51.12 NMAC - Rn, 15 NMAC 10.5.1.12, 10/15/06, Adopted by New Mexico Register, Volume XXVIII, Issue 08, April 25, 2017, eff. 4/25/2017, Amended by New Mexico Register, Volume XXXII, Issue 18, September 28, 2021, eff. 9/28/2021