For the purpose of tax revenue control, no holder of a nonresident license or resident broker license may solicit, accept or fill an order for distilled spirits or wine from a holder of any type of wholesaler's license unless the nonresident licensee or resident broker is the primary American source of supply for the brand of distilled spirits or wine that is ordered. As used in this section, "primary American source of supply" means the distiller, the producer, the owner of the commodity at the time it becomes a marketable product, the bottler or the exclusive agent of any of those. To be the "primary American source of supply," the nonresident licensee or resident broker must be the first source, that is, the manufacturer or the source closest to the manufacturer, in the channel of commerce from whom the product can be secured by American wholesalers.
History: Laws 1981, ch. 39, ยง 122.
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.