A. Except as provided in Subsection C of this section, the division shall issue licenses for the manufacture, distribution or sale of tobacco products in New Mexico to applicants who meet the requirements of the Tobacco Products Act.
B. The division shall issue or renew a license for the:
(1) manufacture of tobacco products for a term of one year;
(2) distribution of tobacco products for a term of one year; and
(3) retail sale of tobacco products for a term of one year.
C. A license shall not be issued, retained, transferred or renewed pursuant to the Tobacco Products Act if any of the following conditions apply:
(1) the applicant has had a manufacturer, distributor or retailer license revoked by the division or by another state;
(2) the applicant is not in compliance with Subsection G of Section 7-12-9.1 NMSA 1978;
(3) the location for the license or license transfer is within three hundred feet of a school; provided that this restriction does not apply to a location at which tobacco products have been lawfully manufactured, distributed or sold prior to July 1, 2020; or
(4) the location for the license would result in a violation of a zoning or other ordinance of a governing body in which the proposed location would exist.
History: Laws 2020, ch. 46, § 4.
Effective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 4 effective January 1, 2021.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-37-1 - Short title.
Section 61-37-2 - Definitions.
Section 61-37-3 - Prohibited sales; manufacturing; labeling; marketing; safety requirements.
Section 61-37-4 - Division; license issuance; manufacture, distribution or sale of tobacco products.
Section 61-37-5 - Manufacturer license requirements; application and renewal requirements; fees.
Section 61-37-6 - Distributor license requirements; application and renewal requirements; fees.
Section 61-37-7 - Retailer license requirements; application and renewal requirements; fees.
Section 61-37-8 - License application information changes.
Section 61-37-9 - Issuance of licenses; reasons for denial.
Section 61-37-10 - License transfer; notice of changes.
Section 61-37-11 - Tobacco products administration fund; created; purpose.
Section 61-37-12 - Fees and administrative penalties retained by the division.
Section 61-37-13 - Hearing procedure.
Section 61-37-14 - Documentary evidence of age and identity.
Section 61-37-15 - Vending machines; restrictions on sales of tobacco products.
Section 61-37-16 - Distribution of tobacco products as free samples prohibited.
Section 61-37-17 - Signs; point of sale.
Section 61-37-18 - Criminal penalties; unlicensed activities.
Section 61-37-20 - Monitored compliance; inspections.
Section 61-37-21 - Authority of department of public safety.
Section 61-37-22 - Authority of the division.
Section 61-37-23 - Administrative authority and powers.