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The establishments are not required to card you. Here's the law:
60-7B-5. Refusal to sell or serve alcoholic beverages to person unable to produce identity card.
Any person licensed pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] or any employee, agent or lessee of that person shall refuse to sell or serve alcoholic beverages to any person who is unable to produce an identity card as evidence that he is twenty-one years of age or over.
"shall refuse" and "any person" seem pretty clear-cut to me.
While in practice this law is only intermittently followed for likely voters, it's still on the books. I wouldn't risk my job or clean record to violate it just to help some old fogie get sauced; hence, the fault is in the law itself.
"shall refuse" and "any person" seem pretty clear-cut to me.
While in practice this law is only intermittently followed for likely voters, it's still on the books. I wouldn't risk my job or clean record to violate it just to help some old fogie get sauced; hence, the fault is in the law itself.
The words are clear-cut, and they do not require anyone to ask for ID. But if a seller asks, the patron must supply an ID or the seller can refuse service. If a seller sells liquor to someone without asking for ID, and that person is 21+, no law has been broken.
The words are clear-cut, and they do not require anyone to ask for ID.
I disagree with your interpretation. The law puts the onus on the server to verify that the person can produce the ID in order to avoid noncompliance with the law. Just because the law doesn't specifically enumerate the intermediate (and obvious) step of needing to see the ID doesn't mean the law, as written, doesn't require it.
It'd be useful to get some lawyers or actual servers to get their perspectives on the law.
Well, when I buy liquor, wine, or beer at the same establishments here in ABQ, sometimes they ask for my ID, and sometimes they do not. Of late, I have not been asked at Smith's, Whole Foods, or Sprouts, nor at any place else. In other words, it has been a while since I got asked, but if/when asked, I produce my ID. No skin off my nose since my wallet is already in hand.
So if, as you claim, it is the law that they MUST ask for ID from every patron, then these stores are breaking the law. That, or more likely that under the law they are allowed some judgment - I am obviously over 21 (late 50s) and there is no way in hell anybody could ever think I am under aged. Not possible.
I disagree with your interpretation. The law puts the onus on the server to verify that the person can produce the ID in order to avoid noncompliance with the law. Just because the law doesn't specifically enumerate the intermediate (and obvious) step of needing to see the ID doesn't mean the law, as written, doesn't require it.
It'd be useful to get some lawyers or actual servers to get their perspectives on the law.
You have, but scroll down to this comment from the owner The Range restaurants.
"Bottom line? Matt says “there isn’t a law stating that everyone needs to be carded; servers are just being extra careful as they don’t want to go to jail for serving someone who shouldn’t be served.”
"Bottom line? Matt says “there isn’t a law stating that everyone needs to be carded; servers are just being extra careful as they don’t want to go to jail for serving someone who shouldn’t be served.”
Great article. I encourage everyone to check out the part where he's had his servers cited for serving people who were old enough but nonetheless weren't asked for their ID.
So, the consensus is, there isn't a law requiring it, but police enforce it. That makes a whole lot of sense.
Regardless, whatever law the police think they're enforcing should probably be rewritten to remove any more room for confusion.
Great article. I encourage everyone to check out the part where he's had his servers cited for serving people who were old enough but nonetheless weren't asked for their ID.
So, the consensus is, there isn't a law requiring it, but police enforce it. That makes a whole lot of sense.
Regardless, whatever law the police think they're enforcing should probably be rewritten to remove any more room for confusion.
No, the bottom line is you were wrong about it being a law that everyone must be carded, even in cases where it is obvious the person is not under aged. The law could not be more clear - what is there to rewrite? How exactly is a non-existent law rewritten?
There is no need for a "consensus" - there is clearly no law on the books requiring every patron be carded. Individual establishments set their own policies, and many individual servers take matters into their own hands and request IDs of all patrons. Regardless, there is no such law, establishments and servers are doing it out of an over abundance of caution based on illegal stings conducted in the past.
No, the bottom line is you were wrong about it being a law that everyone must be carded, even in cases where it is obvious the person is not under aged. The law could not be more clear - what is there to rewrite? How exactly is a non-existent law rewritten?
There is no need for a "consensus" - there is clearly no law on the books requiring every patron be carded. Individual establishments set their own policies, and many individual servers take matters into their own hands and request IDs of all patrons. Regardless, there is no such law, establishments and servers are doing it out of an over abundance of caution based on illegal stings conducted in the past.
I probably would too. Why risk some officer threatening you with a felony because someone might be touchy over showing you their ID.
As someone who has lived in New Mexico for almost all of my adult life, I was for the first time EVER asked for my ID to buy a beer at a restaurant on Wednesday 8-12-15 by a somewhat cocky waitress who appeared young enough to be my grand-daughter. What really burned me was that the evening before I had actually had eaten at the same place (it was across the street from the motel I stayed at in ABQ on a business trip) and had a nice cold beer served by a waitress who did NOT ask me for my ID. Now I'm someone who may look a little younger than my age of 60, but my full head of silver hair clearly marks me as age 50+. When I talked to the managers, I received different stories, excuses, interpretations of NM law, etc. from both the night time and day time managers. Two things are for sure - 1.) I did not tip the waitress and 2.) I will never go to the Owl Café on Eubank near Lomas ever again. I made sure the managers knew this and also that I was going to make sure others do too. If I ever get IDed at another NM restaurant, I will make sure to raise a stink and walk out. It is purely an option subject to common sense and discretion whether a server asks for ID in NM and I'll be damned if I'm going to spend money at locations that need to ID a 60 year old man.
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IDed at a restaurant at age 60?
