What is the legal definition of “over-serving”?

In New Mexico, “over-serving” refers to the illegal practice of serving alcohol to someone who is already visibly intoxicated. It is illegal for any person, bar, or restaurant to sell or serve alcohol to an individual who is visibly intoxicated, meaning someone who displays signs of intoxication including, but not limited to, slurred speech, difficulty standing, or loud or aggressive behavior. This definition applies to anyone selling or serving alcohol in the state of New Mexico, not just bartenders or servers in bars and restaurants. It is important to note that anyone over the legal drinking age of 21 in New Mexico is allowed to consume alcohol, and it is not illegal for someone to become visibly intoxicated in public —so long as they did not obtain the alcohol from an establishment. However, if an individual who is already visibly intoxicated enters a restaurant or bar, the staff must refuse to serve them any additional alcohol, even if the individual is of legal drinking age. In the state of New Mexico, over-serving is a specific offense that is governed by Liquor Liability Law, and those found liable of over-serving may be held accountable for any damages or injuries caused by the intoxicated person. For this reason, it is important for anyone in the hospitality industry to understand and abide by the laws set forth for the legal sale and serving of alcohol in New Mexico.

Related FAQs

What are the legal consequences of providing alcohol to someone who is not of legal age?
Are there any special dilution laws in my state?
Are minors allowed to enter bars or restaurants even if they are not drinking?
How does the 'good Samaritan' law affect liquor liability claims?
What are the consequences of providing alcohol to someone who is already intoxicated?
How can I protect myself from liquor liabilities related to serving alcohol?
How can I minimize the risk of having a patron become intoxicated on my premises?
What kinds of evidence can be used to prove negligence in a liquor liability case?
What is liquor liability law?
Is there a way to limit my liability when it comes to serving alcohol?

What is the legal definition of “over-serving”?

Related FAQs

Related Blog Posts