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Santa Fe, NM Public Conduct: Loitering Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing sections
Sections 16-13.7 and 16-13.8 SFCC 1987
Age threshold
Under 21, unless with parent or guardian
Under-18 referral
Juvenile probation office, not municipal court
Business liability
Owner/operator separately guilty under § 16-13.8
Scope
Saloons only; no general adult loitering law

Summary

Santa Fe's loitering law is narrow and age-specific: Sections 16-13.7 and 16-13.8 make it a petty misdemeanor for anyone under 21 to hang around a saloon without a parent or guardian, and equally unlawful for the saloon's owner or operator to let them. There is no general adult loitering or vagrancy offense in the city code.

16-13.7 - Loitering of minors. A.Loitering of minors consists of a person under the age of twenty-one (21) years attending, frequenting or loitering in or about a saloon without being accompanied by the parent or guardian of the person.B.Whoever commits loitering of minors is guilty of a petty misdemeanor (For state law see Section 30-20-10 NMSA 1978). Those minors under the age of eighteen (18) shall be referred to the juvenile probation office. ... 16-13.8 - Saloon owners permitting the loitering of minors. A.It is unlawful for the owner or operator of any saloon to permit a person under the age of twenty-one (21) years to attend, frequent or loiter in or about such premises without being accompanied by the parent or guardian of the person.*B.Whoever permits the loitering of minors is guilty of a petty misdemeanor.

Full Breakdown

Unlike many cities, Santa Fe does not have a general loitering or vagrancy ordinance that applies to adults standing around in public. The only 'loitering' offense in the Santa Fe City Code targets minors and saloons specifically. 7 makes it a petty misdemeanor for anyone under 21 years old to attend, frequent, or loiter in or about a saloon unless a parent or guardian accompanies them, and the code cross-references the parallel state offense at Section 30-20-10 NMSA 1978. A minor caught loitering who is under 18 is not simply cited and released: the ordinance requires referral to the juvenile probation office rather than routine municipal-court processing.

8 places the mirror-image duty on the business side of the same transaction: it is unlawful for a saloon's owner or operator to permit anyone under 21 to attend, frequent, or loiter on the premises without a parent or guardian present, and a violation is likewise a petty misdemeanor. Read together, the two sections create matching liability, the underage patron and the saloon operator can each be charged separately for the same episode of loitering, which gives Santa Fe police and the city attorney two independent enforcement paths against underage presence in bars. 1), giving Santa Fe a cluster of public-order offenses rather than one broad loitering statute.

Violations & Fines

Loitering in or about a saloon while under 21 without a parent or guardian is a petty misdemeanor under Section 16-13.7; a minor under 18 is referred to the juvenile probation office instead of ordinary court processing. A saloon owner or operator who permits that loitering commits a separate petty misdemeanor under Section 16-13.8, so both the underage patron and the business can be charged for the same incident.

Frequently Asked Questions

Does Santa Fe have a general loitering law for adults?
No. The Santa Fe City Code's only loitering offense, Sections 16-13.7 and 16-13.8, is limited to people under 21 in or about a saloon and to the saloon's owner or operator who permits it. There is no separate ordinance criminalizing adults loitering in public places generally.
Can a 19-year-old be charged for being in a Santa Fe bar?
Yes, unless accompanied by a parent or guardian. Section 16-13.7 makes it a petty misdemeanor for anyone under 21 to attend, frequent, or loiter in or about a saloon without that supervision, regardless of whether the minor is actually drinking. Those under 18 are referred to the juvenile probation office rather than cited through ordinary court channels.
Can a bar owner get in trouble for letting minors hang around?
Yes. Section 16-13.8 separately makes it unlawful for a saloon's owner or operator to permit anyone under 21 to attend, frequent, or loiter on the premises without a parent or guardian present, and a violation is a petty misdemeanor distinct from any charge against the minor.

Sources & Official References

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