New Mexico Statutes
Article 7A - Offenses
Section 60-7A-10 - Wholesalers prohibited from owning retailer's or dispenser's establishment.

A. Except as provided in Subsection B of this section, it is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a wholesaler, directly or indirectly or through an affiliate, to own, either in whole or in part, a business operated under a retailer's or dispenser's license.
B. This section shall not prevent a wholesaler from owning a dispenser's license directly or indirectly or through an affiliate and operating a business itself or through an affiliate or a lessee under a dispenser's license if:
(1) the wholesaler directly or indirectly operates or controls an interest in an establishment or complex maintaining a minimum of one hundred sleeping rooms and having a resident of New Mexico as a proprietor or manager and where, in consideration of payment, meals and lodging are regularly furnished to the general public; and
(2) the sale of alcoholic beverages under the dispenser's license is restricted to their consumption on the licensed premises.
History: Laws 1981, ch. 39, § 74; 1991, ch. 5, § 1.
The 1991 amendment, effective June 14, 1991, designated the former section as Subsection A, adding the exception at the beginning thereof, and added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 121.
48 C.J.S. Intoxicating Liquors § 197.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 60 - Business Licenses

Article 7A - Offenses

Section 60-7A-1 - Hours and days of business.

Section 60-7A-2 - Repealed.

Section 60-7A-3 - Transportation into state without permit; exportation of alcoholic beverages without permit; importation for private use; reciprocal shipping; when unlawful.

Section 60-7A-4 - Sale, shipment and delivery unlawful.

Section 60-7A-4.1 - Unlawful sale of alcoholic beverages; criminal penalty; forfeiture.

Section 60-7A-4.2 - Record of sales; administrative penalties.

Section 60-7A-5 - Manufacture, sale or possession for sale when not permitted by Liquor Control Act; criminal penalty; forfeiture.

Section 60-7A-6 - Possession of liquor manufactured or shipped in violation of law; fourth degree felony; penalty; forfeiture.

Section 60-7A-7 - Manufacture of spirituous liquors; felony.

Section 60-7A-8 - Sales to wholesalers.

Section 60-7A-9 - Credit extension by wholesalers.

Section 60-7A-10 - Wholesalers prohibited from owning retailer's or dispenser's establishment.

Section 60-7A-11 - Offenses by retailers.

Section 60-7A-12 - Offenses by dispensers, canopy licensees, restaurant licensees, governmental licensees or their lessees and clubs.

Section 60-7A-13 - Sales by clubs.

Section 60-7A-14 - Filling bottles; misrepresentation of alcoholic beverages.

Section 60-7A-15 - Public nuisance.

Section 60-7A-16 - Sale to intoxicated persons.

Section 60-7A-17 - Prostitution; loitering; promoting.

Section 60-7A-18 - Repealed.

Section 60-7A-19 - Commercial gambling on licensed premises.

Section 60-7A-20 - False complaints; misdemeanor.

Section 60-7A-21 - Possession or display of United States license.

Section 60-7A-22 - Drinking in public establishments; selling or serving alcoholic beverages other than in licensed establishments; selling or delivering alcoholic beverages from a drive-up window.

Section 60-7A-23 - Possession of wine as prima facie evidence.

Section 60-7A-24 - Obstruction of the administration of the Liquor Control Act; criminal penalty; sentencing.

Section 60-7A-25 - Criminal penalties.