New Mexico § 60-8A-1 - Unfair competition; exclusive outlet; tied house; consignment sales

§ 60-8A-1. Unfair competition; exclusive outlet; tied house; consignment sales

It is unlawful for an importer, manufacturer, nonresident licensee or any kind or

class of wholesaler, directly or indirectly, or through an affiliate: A. to require by agreement or otherwise that a wholesaler, retailer, dispenser, canopy

licensee, restaurant licensee, club licensee or governmental licensee or its lessee

engaged in the sale of alcoholic beverages in the state purchase alcoholic beverages

from that person to the exclusion in whole or in part of alcoholic beverages sold

or offered for sale by other persons; B. to induce through any of the following means, a wholesaler, retailer, dispenser,

canopy licensee, restaurant licensee, club licensee or governmental licensee or its

lessee engaged in the sale of any kind or class of alcoholic beverages to purchase

alcoholic beverages from that person to the exclusion in whole or in part of alcoholic

beverages sold or offered for sale by other persons: (1) by acquiring or holding, after the expiration of an existing license, an interest

in a license with respect to the premises of the wholesaler, retailer, dispenser,

canopy licensee, restaurant licensee, club licensee or governmental licensee or its

lessee; (2) by acquiring an interest in real or personal property owned, occupied or used

by a wholesaler, retailer, dispenser, restaurant licensee or club licensee in the

conduct of the buying wholesaler's, retailer's, dispenser's, canopy licensee's, restaurant

licensee's, club licensee's or governmental licensee's or its lessee's business, subject

to exceptions that the director may prescribe, having due regard for the free flow

of commerce, the purposes of this subsection and established trade customs not contrary

to the public interest; (3) by furnishing, giving, renting, lending or selling to a wholesaler, retailer,

dispenser, canopy licensee, restaurant licensee, club licensee or governmental licensee

or its lessee equipment, fixtures, signs, supplies, money, services or other thing

of value, subject to exceptions that the director may by regulation prescribe, having

due regard for public health and welfare, the quantity and value of the articles involved

and established trade customs not contrary to the public interest and the purposes

of this subsection; (4) by paying or crediting the wholesaler, retailer, dispenser, canopy licensee, restaurant

licensee, club licensee or governmental licensee or its lessee for advertising, display

or distribution services; (5) by requiring a wholesaler, retailer, dispenser, canopy licensee, restaurant licensee,

club licensee or governmental licensee or its lessee to take and dispose of a certain

quota or combination of alcoholic beverages; or (6) by commercial bribery by offering or giving a bonus, premium or compensation to

an officer, employee, agent or representative of a wholesaler, retailer, dispenser,

canopy licensee, restaurant licensee, club licensee or governmental licensee or its

lessee; or C. to sell, offer for sale or contract to sell to a retailer, dispenser, canopy licensee,

restaurant licensee, club licensee or governmental licensee or its lessee alcoholic

beverages of any kind or class on consignment or under a conditional sale or on a

basis other than a bona fide sale; provided that this subsection shall not apply

to transactions involving solely the bona fide return of alcoholic beverages for ordinary

and usual commercial reasons arising after the alcoholic beverages have been sold,

including a return of alcoholic beverages that are at or near spoilage or expiration

date or that were damaged by the wholesaler, but not including a return of alcoholic

beverages that were damaged by any other licensee or any other licensee's employees

or customers.