Chapter 9.25
MINORS
Sections:
9.25.010 Abandonment of children.
9.25.040 Selling or giving liquor to minors – Possession.
9.25.050 Selling or giving liquor to minors – Possession – Minor defined.
9.25.060 Unlawful presence in liquor establishments.
9.25.080 Failure of parental responsibility.
9.25.090 Abandonment of dangerous objects.
9.25.100 Sale, offer for sale, delivery or gift of certain glues or cements to minors.
9.25.010 Abandonment of children.
It is unlawful for the parent, guardian or custodian of a child to intentionally leave the child or abandon him under the circumstances whereby the child may suffer from neglect. [Prior code § 8-5-1]
9.25.020 Cruelty to children.
It is unlawful for any parent, guardian or other person having the care or custody of any child to cause or permit any child to be placed in a situation where the life or health of such child will be endangered, or to torture, cruelly confine or cruelly punish such child or to willfully or negligently expose such child to the inclemency of the weather. [Prior code § 8-5-2]
9.25.030 Enticement of child.
It is unlawful to persuade any child under the age of 16 years to enter a vehicle, building, room or secluded place with intent to commit an act which would constitute a crime under Article 9 of the Criminal Code (30-9-1 to 30-9-9 NMSA 1978) or having possession of a child under the age of 16 years to commit such a crime. [Prior code § 8-5-3]
9.25.040 Selling or giving liquor to minors – Possession.
A. It is a violation of the Liquor Control Act for any person licensed pursuant to the provisions of the Liquor Control Act, or any employee, agent or lessee of that person, if he knows or has reason to know that he is violating the provisions of this section, to:
1. Sell, serve or give any alcoholic beverages to a minor or permit a minor to consume alcoholic beverages on the licensed premises;
2. Buy alcoholic beverages for or procure the sale or service of alcoholic beverages to a minor;
3. Deliver alcoholic beverages to a minor; or
4. Aid or assist a minor to buy, procure or be served with alcoholic beverages.
B. It is a violation of the Liquor Control Act for any minor to buy, attempt to buy, receive, possess or permit himself to be served with any alcoholic beverages.
C. In the event any person except a minor procures any other person to sell, serve or deliver any alcoholic beverages to a minor by actual or constructive misrepresentation of any facts calculated to cause, or by a concealment of any facts the concealment of which is calculated to cause the person selling, serving or delivering the alcoholic beverages to the minor, to believe that such minor is legally entitled to be sold, served or delivered alcoholic beverages and actually deceiving him by such misrepresentation or concealment, then that person, and not the person so deceived by such misrepresentation or concealment, shall have violated the Liquor Control Act.
D. As used in the Liquor Control Act, “minor” means any person under 21 years of age.
E. Violation of this section by a minor with respect to possession is a petty misdemeanor. Upon conviction the offender may be sentenced in accordance with Section 31-19-1 NMSA 1978. Any sentence imposed pursuant to this subsection may be suspended in the discretion of the court upon the condition that:
1. The minor accepts the suspension of his driver’s license for a period not to exceed three months, whereupon the trial court may dismiss the possession of alcoholic beverage charge and it shall not be considered a conviction. In the event the minor’s driver’s license is to be suspended, the trial court shall inform the Motor Vehicle Division of the Taxation and Revenue Department of the action; provided, however, if the minor drives during the period of suspension, then the court may impose a fine, jail sentence or both such fine and sentence not to exceed the maximums imposed for petty misdemeanors or may impose punishment pursuant to subsection (E)(2) of this subsection; and
2. The minor assist in a community project, designated by the court, up to 50 hours, whereupon the trial court may dismiss the possession of alcoholic beverage charge, and it shall not be considered a conviction. [Ord. 95-01 § 1; prior code § 8-5-4.1]
9.25.050 Selling or giving liquor to minors – Possession – Minor defined.
A. It is a violation of the Liquor Control Act for any club, retailer, dispenser or any other person, except the parent or guardian or adult spouse of any minor, or adult person into whose custody any court has committed the minor for the time, outside of the actual visible personal presence of the minor’s parent, guardian, adult spouse or the adult person into whose custody any court has committed the minor for the time, to do any of the following acts:
1. To sell, serve or give any alcoholic liquor to a minor or to permit a minor to consume alcoholic liquor on the licensed premises;
2. To buy alcoholic liquor for or to procure the sale or service of alcoholic liquor to a minor;
3. To deliver alcoholic liquor to a minor; or
4. To aid or assist a minor to buy, procure or be served with alcoholic liquor.
B. It is a violation of the Liquor Control Act for any minor to buy, attempt to buy, receive, possess or permit himself to be served with any alcoholic liquor except when accompanied by his parent, guardian, adult spouse or any adult person into whose custody he has been committed for the time by some court, who is actually, visibly and personally present at the time the alcoholic liquor is bought or received by him or possessed by him or served or delivered to him.
C. In the event any person except a minor procures any other person to sell, serve or deliver any alcoholic liquor to a minor by actual or constructive misrepresentation of any facts calculated to cause, or by a concealment of any facts the concealment of which is calculated to cause the person selling, serving or delivering the alcoholic liquors to the minor, to believe that such minor is legally entitled to be sold, served or delivered alcoholic liquors and actually deceiving him by such misrepresentation or concealment, then that person, and not the person so deceived by such misrepresentation or concealment, shall have violated the Liquor Control Act.
D. In any proceedings under subsection (A) of this section, it is not necessary for the prosecution, or any person, official or party urging or contending that such subsection has been violated, to allege or prove that the parent, guardian, adult spouse or any adult person into whose custody any such minor has been committed by any court, was not actually, visibly and personally present at the time of the alleged violation, but such matters are matters of defense to be established and proved by the person against whom the prosecution or proceeding is brought.
E. As used in the Liquor Control Act, “minor” means any person under 21 years of age.
F. Violation of this section by a minor with respect to possession is a petty misdemeanor. Any sentence imposed pursuant to this subsection may be suspended in the discretion of the court upon the condition that:
1. The minor relinquish his driver’s license for a period not to exceed three months, whereupon the trial court may dismiss the possession of alcoholic liquor charge and it shall not be considered a conviction. In the event the minor’s driver’s license is relinquished, the trial court shall inform the Motor Vehicle Division of the action; provided, however, if the minor drives during the period of relinquishment, then the court may impose a fine, jail sentence or both such fine and sentence not to exceed the maximums imposed for petty misdemeanors or may impose punishment pursuant to subsection (F)(2) of this section;
2. The minor assist in a community project, designated by the court up to 50 hours, whereupon the trial court may dismiss the possession of the alcoholic liquor charge, and it shall not be considered a conviction. [Ord. 95-01 § 1; prior code § 8-5-4.2]
9.25.060 Unlawful presence in liquor establishments.
It is unlawful for the owner or operator of any establishment serving alcoholic beverages to permit any person under the age of 21 years to attend, work in, frequent or loiter in or about such premises unless such person is accompanied by his parent or guardian. [Prior code § 8-5-5]
9.25.070 Offenses by minors.
A. Curfew. It is unlawful for any person under the age of 18 years to loiter, idle, wander, stroll or play in or upon the public streets, highways, alleys, parks, playgrounds, other public places or buildings, or vacant lots between the hours of 10:30 p.m. and 4:00 a.m.; provided, however, that this section shall not apply to a minor accompanied by a parent, guardian or other adult person having the care and custody of such minor or where the minor is upon an emergency errand or legitimate business directed by persons having the care or custody of him.
B. False Statement or Identification. It is unlawful for any minor to make false statements or to furnish, present or exhibit any fictitious or false registration card, identification card or other instrument, or to furnish, present or exhibit any document issued to another person, for the purpose of gaining admission to prohibited places or for the purpose of procuring the sale, gift or delivery of prohibited articles including, but not limited to, alcoholic beverages.
C. Procuring Unlawful Services. It is unlawful for any minor to engage or authorize the services of any other person to procure for such minor any article which the minor is prohibited by law to purchase. [Prior code § 8-5-6]
9.25.080 Failure of parental responsibility.
It is unlawful for any parent, guardian or other adult person having the care and custody of a minor to knowingly permit such minor to violate the provisions of MTC 9.25.040 through 9.25.070. [Prior code § 8-5-7]
9.25.090 Abandonment of dangerous objects.
A. Containers. It is unlawful to abandon, discard or keep in any place accessible to children any refrigerator, icebox, freezer, air-tight container, cabinet or similar container of a capacity of one and one-half cubic feet or more which is no longer in use without sealing or removing the doors or other entrances so as to make it impossible for any child to be imprisoned therein, or being the owner, lessee or operator of any premises to permit such articles to remain upon such premises in a condition whereby a child may be imprisoned therein.
B. Plastic Bags. It is unlawful for any person to abandon, expose, leave in any place accessible to children or permit upon premises under his control any plastic bag without first tearing the same sufficiently to render it no longer dangerous to a child. [Prior code § 8-5-8]
9.25.100 Sale, offer for sale, delivery or gift of certain glues or cements to minors.
A. Prohibited Conveyance. It is unlawful to sell, offer for sale, deliver or give to any person under the age of 18 years any glue or cement commonly known as model airplane glue, plastic cement, household cement, cement or any other similar substance, if such glue, cement or substance contains one or more of the following volatile solvents: hexane, benzene, toluol, toluene, xylene, carbon tetrachloride, chloroform, ethylene dichloride, acetone, cyclohexanone, methyl ethyl ketone, methylisobutyl ketone, amyl acetate, butyl acetate, ethyl acetate, tricresyl phosphate, butyl alcohol, ethyl alcohol, isopropyl alcohol, methylcellosolve acetate, trichloroethane or ether.
B. Exception. The provisions of subsection (A) of this section shall not apply when the glue or cement is sold, delivered or given simultaneously with and as part of a kit used for the construction of model airplanes, model boats, model automobiles, model trains or other similar models. [Prior code § 8-5-9]