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New Mexico is a horrible place when it comes to alcohol laws. I really dont blame people for checking for ID's for people to cover their ass. I used to card people back home (Dublin, Ireland) just to get them talking to see if they were drunk or not before I let them in my club, it wasnt just about checking their ages so the teller could be doing the same here. Were in a place where the seller can get fined sales they make.
Maybe because I'm not native to NM I don't think the public should have to tolerate what looks like a puritanical protocol. Anyway, I was trying to say that because the stores are over-enforcing the laws (And I repeat that Lieutenant Eric Garcia with the Special Investigations Division of the Department of Public Safety in Albuquerque told me that stores should be using "common sense" when it comes to who they are asking for ID) they are effectively transforming the law from prohibiting sale of alcohol to minors to prohibiting sale of alcohol to anyone without an ID. New Mexicans are apparently happy to be giving stores like Walgreens, Smiths, and Albertsons that much power.
I have never been carded by anybody at Walgreens or Smiths.
As I said before, I am not surprised that they are doing it when they do. You have to CYA in New Mexico its as simple as that.
If you are purchasing alcohol in NM, you are required to have a valid ID.
--that is completely untrue. According to State Statute 60-7B-5, Article 7B, "Regulation of Sales and Service to Minors" the state law only says that sale is prohibited to minors (someone under the age of 21), and in the same section regarding sale to minors, it says that upon asking someone for an ID suspected of being a minor, if the person does not have an ID the sale will be refused. My understanding of this has been validated by the Special Investigations Division of the Department of Public Safety, and they are the ones who are responsible for enforcing the laws that pertain to the sale of alcoholic beverages.
The reason for the misinformation of the type quoted above is because of the long-standing store policies that are effectively turning the law from prohibiting minors from purchasing alcohol to prohibiting anyone without a valid ID from purchasing alcohol. I saw in Old Town there's a place that proudly displays a sign that reads, "We ID everyone from age 1 to 100 for the sale of alcohol," and that is just taking the law too darn far. This practice is rude. Any 40 year old man or woman obviously does not look under 21. It is obvious unless you are a half-wit, and half-wits shouldn't be in a position in which they are selling alcohol. This unfair, rude practice is designed for one purpose only. It was created by the merchants selling alcoholic beverages to protect themselves from fines or loss of license. It has nothing to do with enforcing the law. To enforce the law, according to the Department of Public Safety, when an individual is suspected of being a minor, and the person is asked for ID and can't provide it, the person is refused the sale. In all other cases, i.e., when the person is obviously older than 21 years of age, it is particularly inappropriate to be denying these people a sale simply for not producing a valid ID.
The next time you are asked for ID when purchasing alcohol, try this: Ask the person after they ask you for ID, "Do you think I'm a minor?" If the person says no, but insists you have to show ID anyway, maybe then you'll understand why I find the store policies so ludicrous.
You obviously have an axe to grind with the way alcohol sales are conducted in NM. Contact your congressperson and implore them to change the way licensed retailers of alcohol do their jobs.
60-7B-6. Demanding and seeing identity card before furnishing alcoholic beverages.
In any criminal prosecution or in any proceedings for the suspension or revocation of a license, or in any proceeding for violation of a municipal or county ordinance prohibiting the gift, sale or service of alcoholic beverages to minors, proof that the accused licensee in good faith demanded and was shown an identity card before furnishing any alcoholic beverages to a minor shall be a defense to the prosecution or proceedings.
Now, this puts the retailer in a difficult position of having to determine who may or may not be 21. Since penalties for selling to underage persons carriers sharp penalties, a store that asks for ID from everyone saves themselves the trouble of having to decide who may/may not be 21.
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.
karmathecat, you are missing the point when you introduce the first quote above (60-7B-6) that pertains to "a defense to the prosecution or proceeding." This would be in the event that a MINOR was sold alcohol. My whole point is that a 40 year old male does not look like a person under 21! There is nothing difficult about being able to tell a 40-year-old person is not under 21 years of age. It's obvious. There's no legal violation to not ask the 40-year-old person for ID! Yet, you see stores refusing to sell a bottle of wine to someone who is older than 50 simply because the person can't provide a valid ID. If stores are creating a robotic protocol for the sake of protecting themselves, they are also being rude and inconveniencing many members of the public in the process. Again, that's my point.
You have to understand, regarding the second statute you quote above, 60-7B-5, it falls under the section regarding SALE TO MINORS, and as such it pertains to SALE TO MINORS. It's for the purpose of when an individual is suspected of being a minor and wants to buy alcohol. This is what Lieutenant Eric Garcia of the Special Investigations Division of the Department of Public Safety told me. If you take this section out of context (and that's exactly what the quote above does) it inappropriately makes it look like the law states that every individual without an ID will be refused a sale of alcohol. Don't take the law out of it's context!
Look, next time you are asked for ID when purchasing alcohol ask the person, "Do you think I'm a minor?" If the person says something like, "No, but I have to ask you for ID anyway," you should be able to understand why I find the store policies so ludicrous. If the person doesn't believe you are a minor, and given you are not, why the need to ask for ID? There is no need. The "need" was created by the store, not the law. It's unnecessary store policy to go so far as to ID every single person for the sake of protocol.
Regarding writing to politicians about this, I think the first step might be to ask the stores why exactly do they insist on asking for a valid ID from someone who is as old as 50, and if they don't provide a reasonable answer, it should be taken up with public officials.
BUT keep in mind, everyone is trying so darn hard to make it seem like the sale of alcoholic beverages needs to be kept this strict in NM because of the high rates of alcoholism and DWI accidents (as if asking everyone for an ID regardless of age is really going to change the problem). It' likely a waste of time to pursue it beyond getting public opinion on this, and indeed I've already found some people actually support this practice of asking every single person for a valid ID regardless of age. Apparently, the merchants have so much power in Albuquerque they can, in effect, turn the law from prohibiting minors from purchasing alcohol to prohibiting anyone without a valid ID from purchasing alcohol.
60-7B-2. Documentary evidence of age and identity.
Evidence of the age and identity of the person may be shown by any document which contains a picture of the person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle operator's license or an identification card issued to a member of the armed forces.
Now here, they don't say that the ID must be current and a US Passport, even expired, is normally accepted when an entity asks for proof of age as shown on a government issued ID. But again, store policy can be whatever store policy is.
Apparently, the merchants have so much power in Albuquerque they can, in effect, turn the law from prohibiting minors from purchasing alcohol to prohibiting anyone without a valid ID from purchasing alcohol.
No, the issue is that NM and Albuquerque have some pretty serious alcohol related issues...from drunk driving to FAE/FASD affected kids.
You can't go a month or so without hearing about another victim of a brutal car accident where alcohol was involved.
If this is a store or businesses way of trying to somehow solve a very small part of a very large issue, then more power to them.
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