New Mexico § 60-8A-7 - Franchises; definitions

§ 60-8A-7. Franchises; definitions

As used in Sections 60-8A-7 through 60-8A-11 NMSA 1978: A. “ franchise ” means a contract or agreement, either expressed or implied, whether written or oral,

between a supplier and wholesaler, wherein: (1) a commercial relationship of definite duration or continuing indefinite duration

is involved; and (2) the wholesaler is granted the right to buy and to offer, sell and distribute within

this state or any designated area thereof such of the supplier's brand of packaged

alcoholic beverages as may be agreed upon; B. “good cause”: (1) includes failure by the wholesaler to substantially comply with the essential

and reasonable provisions of a contract, agreement or understanding with a supplier; (2) includes use of bad faith on the part of the wholesaler in carrying out the terms

of the franchise; and (3) does not include failure or refusal on the part of the wholesaler to engage in

any trade practice, conduct or activity that may result in a violation of any federal

law or regulation or any law or regulation of this state; C. “ supplier ” means a person, partnership, corporation or other form of business enterprise engaged

in business as a manufacturer, importer, broker, agent or its successors or assigns

that distributes any or all of its brands of alcoholic beverages through licensed

wholesalers in this state. “Supplier” does not include successors or assigns for spirituous liquors or wines; D. “ termination ” includes any substantial alteration or modification of the provisions of the franchise;

and E. “ good faith ” means honesty in fact in the conduct or transaction concerned and the observance

of reasonable commercial standards of fair dealing in the trade as evidenced by all

surrounding circumstances.