Whenever a New Mexico wholesaler delivers any item of alcoholic beverages to a New Mexico retailer, dispenser, canopy licensee, restaurant licensee, club licensee or governmental licensee or its lessee, the delivery shall be accompanied by an invoice which accurately and clearly shows the date of the sale and the quantity of each item of merchandise delivered. The retailer, dispenser, canopy licensee, restaurant licensee, club licensee or governmental licensee or its lessee receiving the alcoholic beverages shall retain the invoice for a period of two years. The invoices shall be open for inspection and examination by any employee of the department or the taxation and revenue department during all usual business hours.
History: Laws 1981, ch. 39, § 70.
"Invoice" construed. — Document, which was labeled as an invoice, listing various types of beer along with the quantity, unit price, total price, and a discount, was an "invoice" within the meaning of this section. Pucci Distrib. Co. v. Nellos, 1990-NMSC-074, 110 N.M. 374, 796 P.2d 595.
Licensee must observe obligations of each license owned. — A person owning more than one license must still exercise the rights and observe the obligations granted by each license independently of the other licenses. 1980 Op. Att'y Gen. No. 80-34.
A licensee holding more than one dispenser or retailer license may not purchase all the alcoholic liquors needed by his multiple operations under the privilege of only one license, store them unsegregated in a common facility, and then distribute them from the common facility, as needed, to the different licensed operations. 1980 Op. Att'y Gen. No. 80-34.
Law reviews. — For survey of 1990-91 commercial law, see 22 N.M.L. Rev. 661 (1992).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 48 C.J.S. Intoxicating Liquors § 205.
Structure New Mexico Statutes
Chapter 60 - Business Licenses
Section 60-8A-1 - Unfair competition; exclusive outlet; tied house; consignment sales.
Section 60-8A-1.1 - Unlawful inducements.
Section 60-8A-2 - Territorial designation for distribution of beer; agreement.
Section 60-8A-6 - Primary American source of supply.
Section 60-8A-7 - Franchises; definitions.
Section 60-8A-8 - Franchises; violations.
Section 60-8A-9 - Franchises; recovery of damages; injunction; remedies independent.
Section 60-8A-10 - Franchises; actions; defense.
Section 60-8A-11 - Franchises; time limit for bringing of action.
Section 60-8A-12 - Filing of schedules required.
Section 60-8A-13 - Selling to wholesalers at prices different than shown in schedule.
Section 60-8A-14 - Form of schedule.
Section 60-8A-15 - Filing of affirmation.
Section 60-8A-16 - Failure to file; schedule deemed invalid.
Section 60-8A-17 - Determination of lowest price.