New Mexico § 60-6A-7 - Nonresident license

§ 60-6A-7. Nonresident license

A. A nonresident manufacturer or wholesaler who qualifies may apply for and be issued

a nonresident license. B. No nonresident wholesaler or manufacturer shall, directly or indirectly or through

an affiliate or subsidiary, apply for, be granted or hold a license under the provisions

of the Liquor Control Act as a New Mexico wholesaler, manufacturer, dispenser or retailer;

provided that a nonresident wholesaler may be granted and hold a New Mexico wholesaler's

license only if the business operated, and the New Mexico wholesaler's license, was

purchased from an existing wholesaler and is operated as a separate and distinct business

from all other businesses of the nonresident wholesaler, including for the purpose

of Section 60-8A-6 NMSA 1978 , and no alcoholic beverages are transshipped between any of the other businesses

and the business operated under that license. C. Nonresident licensees may sell, offer for sale or ship into the state alcoholic

beverages only to licensed New Mexico manufacturers and wholesalers. D. Every nonresident licensee or every New Mexico wholesaler or rectifier selling

or shipping alcoholic beverages to a New Mexico wholesaler shall mail to the department

one duplicate invoice covering all shipments into or sales in the state, stating the

prices, together with all terms, concessions, allowances, forbearances and deductions. In cases of shipments, a copy of the bill of lading or way bill shall accompany

the invoice mailed to the department. On each invoice for alcoholic beverages, the total number of cases and the total

number of liters of alcoholic beverage shall also be noted by the shipper or vendor. The invoice of all shipments or sales shall also state the brand, labels and size

of containers of each item, unless shipped or sold in bulk to be bottled by a licensed

rectifier or wine bottler using his own label and brand; provided, however, this

section shall not apply to intrastate sales and shipments from one New Mexico wholesaler

to another wholesaler. E. The director may suspend or revoke the license of a nonresident licensee or wholesaler

who does not comply with the provisions of Subsections B through D of this section.