A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] may apply for and be issued a license as a wholesaler of alcoholic beverages.
B. No wholesaler shall sell, offer for sale or ship alcoholic beverages not received at and shipped from the premises specified in the wholesaler's license. As used in this section, "received at and shipped from" means that all alcoholic beverages shall be unloaded at the wholesaler's licensed premises and placed into inventory before being sold and shipped to a licensed retailer.
C. No wholesaler shall sell or offer for sale alcoholic beverages to any person other than the holder of a New Mexico wholesaler's, retailer's, dispenser's, canopy, restaurant or club license, a governmental licensee or its lessee or an enterprise owned, operated or licensed by an Indian nation, tribe or pueblo within the state in conformity with an ordinance duly adopted by the Indian nation, tribe or pueblo having jurisdiction over the situs of the transaction within the area of Indian country, certified by the secretary of the interior, published in the federal register, according to the laws of the United States.
History: Laws 1981, ch. 39, § 18; 1993, ch. 68, § 5; 1995, ch. 203, § 2.
The 1995 amendment, effective April 6, 1995, in Subsection C, added the language beginning "or an enterprise" at the end of the Subsection and made a minor stylistic change.
The 1993 amendment, effective July 1, 1993, inserted the second sentence of Subsection B.
Out-of-state shipment requires permit. — If the state excise tax has been paid on alcoholic liquors which a wholesaler ships out of New Mexico, a refund can be made pursuant to Section 7-17-11 NMSA 1978 upon adequate proof of out-of-state shipment. Further, shipment out of the state requires a permit from the division (now director of alcohol and gaming division) even though the state excise tax has been paid. 1963 Op. Att'y Gen. No. 63-01.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 126.
48 C.J.S. Intoxicating Liquors § 128.
Structure New Mexico Statutes
Chapter 60 - Business Licenses
Section 60-6A-1 - Wholesaler's license.
Section 60-6A-2 - Retailer's license.
Section 60-6A-3 - Dispenser's license.
Section 60-6A-4 - Restaurant license.
Section 60-6A-5 - Club licenses.
Section 60-6A-6 - Manufacturer's license.
Section 60-6A-6.1 - Craft distiller's license.
Section 60-6A-7 - Nonresident license.
Section 60-6A-8 - Wine bottler's license.
Section 60-6A-9 - Public service license.
Section 60-6A-10 - Governmental license.
Section 60-6A-11 - Winegrower's license.
Section 60-6A-11.1 - Direct wine shipment permit; authorization; restrictions.
Section 60-6A-12 - Special dispenser's permits; state and local fees.
Section 60-6A-13 - Registration to transport.
Section 60-6A-14 - Sacramental wine.
Section 60-6A-15 - License and permit fees.
Section 60-6A-16 - Proration of fees.
Section 60-6A-17 - Issuance of licenses and collection of fees.
Section 60-6A-18 - Limitation on number of licenses; exceptions.
Section 60-6A-19 - No property right in license; exception.
Section 60-6A-21 - Short title.
Section 60-6A-22 - Definitions.
Section 60-6A-24 - Wine blender's license.
Section 60-6A-26 - Wine exporter's license.
Section 60-6A-26.1 - Small brewer's license.
Section 60-6A-26.2 - Beer bottler's license.
Section 60-6A-27 - License fees.
Section 60-6A-28 - Nonresident licenses.
Section 60-6A-29 - Wine wholesaler's license.
Section 60-6A-30 - Posting of warnings.
Section 60-6A-31 - State fair; golf courses; ski areas; alcoholic beverage sales restrictions.
Section 60-6A-32 - Interstate wine tastings; competitions; permits.
Section 60-6A-33 - Tasting permit; fees.
Section 60-6A-34 - Special bed and breakfast dispensing license; fees; limitations.
Section 60-6A-35 - Small brewer and winegrower limited wholesaler's license.
Section 60-6A-36 - Redeemable coupons prohibited.
Section 60-6A-37 - Alcoholic beverage delivery permit; third party delivery license.