13-1644. Liquor licensee liability for sale or service to a minor.
    To establish a claim against defendant ________________ (name of licensee) for the [sale or service of alcoholic beverages to a minor] [or] [a minor's consumption of alcoholic beverages on the defendant's premises], plaintiff has the burden of proving the following elements:
    [1.    Defendant was a licensee;]
    2.    [Defendant or defendant's [agent(s)] or [employee(s)] sold or served alcoholic beverages to a minor] [or] [the minor consumed alcoholic beverages on the defendant's premises];
    3.    Defendant or defendant's agents or employees knew or, as a reasonably prudent person, would have known, the person was a minor.
    In addition, plaintiff has the burden of proving that plaintiff's damages were proximately caused by [defendant's sale or service of alcoholic beverages to the minor] [or] [the minor's consumption of alcoholic beverages on defendant's premises.]
DIRECTIONS FOR USE

    This instruction should be given in those cases where a liquor licensee sold or served alcohol to a minor or the minor consumed alcoholic beverages on the licensee's premises. The bracketed element number one should be given only if the court determines there is a factual issue regarding the status of

defendant as a licensee. The other bracketed portions of the instruction should be used as appropriate to the circumstances of the case. The committee recommends that the name of defendant or defendant's agent or employee be inserted into the instruction at the appropriate points.
[Approved, effective July 16, 2001.]

COMMITTEE COMMENT

    Section 41-11-1(F) and (G) NMSA 1978 create and define civil liability for the violation of Section 60-7B-1 NMSA 1978, sale or service of alcoholic beverages to a minor. Section 60-7B-1(D) NMSA 1978 provides a defense to the licensee or the licensee's agents or employees where a person other than a minor procures the sale or service of the alcoholic beverages given to the minor and where the sale or service was procured as the result of actual or constructive misrepresentation leading to conceal the fact that the person is a minor and not legally entitled to be sold or served an alcoholic beverage.