Albuquerque, NM Public Conduct: Loud Party Ordinance (2026)
Key Facts
- Ordinance
- Premise Liability Ordinance, § 11-11-5
- Trigger
- 3+ people under 21 drinking, no parent consent
- Who is liable
- Occupant with care and control of property
- Exemption
- Foster parents exempt under § 11-11-6
- 1st offense fine
- $300
- 2nd offense fine
- $500
- 3rd offense
- Up to 10 consecutive days jail
Summary
Albuquerque's Premise Liability Ordinance puts criminal responsibility on the occupant of a property, not just the underage drinkers, when three or more people under 21 consume alcohol there without a parent's consent. Revised Ordinances of Albuquerque § 11-11-5 covers owners, tenants, and anyone over 18 entrusted with control of the premises.
Any occupant of property within Albuquerque city limits who knew or should have known that property within their care and control is used to provide, offer, or permit the usage of illegal drugs, or whose property is not subject to the "Liquor Control Act" 60-7B-1 through 60-7B-13 NMSA 1978, and whose property is used to provide, offer, or permit the consumption of intoxicating liquors by three or more persons who are under the age of twenty-one (21) without their parent's or guardian's knowledge or consent or the order of a practicing physician, or as part of a religious ceremony, and who have failed to use reasonable control and ordinary care to keep persons under the age of twenty-one (21) from consuming intoxicating liquors on their property is in violation of this ordinance.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-95: Current through Ordinance 2026-010, passed 4-6-2026).
Full Breakdown
The Premise Liability Ordinance, adopted by Ord. 16-2000, targets the adult who controls the property where an underage drinking party happens rather than only the minors drinking. Under § 11-11-4, an OCCUPANT is any person in possession of real property with a right to occupy or exert control over it, whether or not they are the true owner, including an owner, lessee, tenant, renter, or anyone over eighteen entrusted to maintain control over the property. Section 11-11-5 makes it a violation for an occupant who knew or should have known that their property is used to provide, offer, or permit illegal drug use, or whose property (outside the Liquor Control Act, NMSA 60-7B-1 through 60-7B-13) is used to let three or more people under 21 consume intoxicating liquor without a parent's or guardian's knowledge or consent, a physician's order, or as part of a religious ceremony, and who failed to use reasonable control and ordinary care to keep those minors from drinking there.
Section 11-11-6 exempts foster parents from the ordinance and expressly preserves any separate civil claim for guest host liability; a criminal citation under this article does not replace or limit a lawsuit against the host. The stated intent in § 11-11-1 is protecting juveniles from each other, enforcing occupant control over activities on their own premises, and reducing juvenile crime tied to underage drinking gatherings.
Violations & Fines
A first conviction under § 11-11-99 carries a $300 fine, a second conviction $500, and a third conviction up to ten consecutive days in jail. Each occupant who fails to control an underage drinking gathering on their property can be charged separately from the minors present, and the ordinance does not bar a civil guest-host liability suit over the same party.
Frequently Asked Questions
Who counts as an occupant under Albuquerque's premise liability ordinance?
Does this apply if I did not know my property was being used for underage drinking?
Can I still be sued after a citation under this ordinance?
Are foster parents exempt from this ordinance?
Sources & Official References
Other rules in Albuquerque
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