{"id":"DUT-NM-015","kind":"duty","level":"state","jurisdiction":"New Mexico","state":"NM","metro":"","industry":"","agency":"","eco":"","issuer":"New Mexico Environment Department (Cabinet Secretary James C. Kenney)","authority":"Food Service Sanitation Act, NMSA 1978, §§ 25-1-9, 25-1-12; Public Health Emergency Order of May 15, 2020 (Ex. NM-016); Executive Order 2020-030","instrument":"NMED News Release, \u0027Environment Department suspends food service permits for two restaurants operating in violation of state law\u0027 (May 22, 2020)","title":"Announcement of the immediate suspension of the food service permits of Jalisco Cafe (Silver City) and Anaheim Jacks (Ruidoso) for opening dine-in service against the public health order","dateIssued":"2020-05-22","effective":"2020-05-22","end":"Suspensions lifted upon cure, as the release provides","startDate":"2020-05-22","endDate":"2020-06-30","quarters":["2020Q2"],"types":["CLOSE","COND"],"addressees":["specified businesses: food service establishments"],"clause":"The New Mexico Environment Department (NMED) suspended food permits from two restaurants that opened for dine-in service in violation of the Food Service and Sanitation Act.... Dine-in service is prohibited under the state\u0027s public health order.... The two restaurants must cease providing food service immediately. Failing to do so may result in legal action from the Department.","enforcement":"Immediate permit suspension (§ 25-1-9); injunction and $500 per violation (§ 25-1-12)","functions":[],"notes":"Demonstrated that a restaurant\u0027s continued operation was conditional on compliance with the public health order, enforced through the standing permit statute rather than the emergency statutes alone, and that the Department would \u0027use all of its authorities\u0027 against a business \u0027present[ing] an imminent risk to public health.\u0027 Character as recorded: enforcement_record (press release; sanitary_code_duty layer).","sourceUrl":"https://www.env.nm.gov/wp-content/uploads/2020/05/2020-05-22-Food-permits-suspended-.pdf","snapshot":"","fileExists":true,"fileBytes":73724,"grade":"primary","character":"enforcement_record","description":"","collection":"DUT-NM","url":"/library/DUT-NM-015","exhibitUrl":"/exhibit/DUT-NM-015","citation":"New Mexico Environment Department (Cabinet Secretary James C. Kenney), NMED News Release, \u0027Environment Department suspends food service permits for two restaurants operating in violation of state law\u0027 (May 22, 2020) (Ex. DUT-NM-015)","stateName":"New Mexico","related":["DUT-NM-012","DUT-NM-008"]}