Public nuisance.

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A. Any premises used for the unlawful purpose of sale, manufacture, storage, possession or consumption of alcoholic beverages in violation of the Liquor Control Act [60-3A-1 NMSA 1978] is a public nuisance.

B. The district attorney in the county in which the nuisance exists is authorized to maintain an action to abate and temporarily and permanently enjoin the nuisance. The district attorney shall not be required to post bond.

C. Upon final judgment, the court shall enjoin the owner, lessee, tenant or occupant from maintaining or assisting in maintaining the nuisance, and shall order the premises to be closed until bond is furnished with sufficient surety in such sum as the court in its discretion shall by order and judgment provide, conditioned that the premises will not be maintained as a public nuisance.

History: Laws 1981, ch. 39, § 92.

ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors §§ 77, 441, 449.

Constitutionality of statute relating to injunctions against crime or abatement of nuisance arising from violation of liquor law, 49 A.L.R. 635.

Public dances or dance halls as nuisances, 44 A.L.R.2d 1381.

48 C.J.S. Intoxicating Liquors §§ 248, 405, 407, 408.


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