reglab/housing_qa huggingface dataset:
NM Stat § 60-7B-14 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 7B - Regulation of Sales and Service to Minors|Section 60-7B-14 - Substance-related poisoning prevention; limited immunity.

A. A person who, in good faith, seeks medical assistance for someone experiencing an alcohol- or drug-related overdose shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the evidence for the alleged violation was obtained as a result of the need for seeking medical assistance:(1) the provisions of Section 60-7B-1 or 60-7B-9 NMSA 1978;(2) a restraining order; or(3) the conditions of probation or parole.B. A person who experiences an alcohol- or drug-related overdose and is in need of medical assistance shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the evidence for the alleged violation was obtained as a result of the overdose and the need for seeking medical assistance:(1) the provisions of Section 60-7B-1 or 60-7B-9 NMSA 1978;(2) a restraining order; or(3) the conditions of probation or parole.C. The act of seeking medical assistance for someone who is experiencing an alcohol- or drug-related overdose may be used as a mitigating factor in a criminal prosecution pursuant to the Liquor Control Act [60-3A-1 NMSA 1978] for which immunity is not provided pursuant to this section.D. For the purposes of this section, "seeking medical assistance" means:(1) reporting an alcohol- or drug-related overdose or other medical emergency to law enforcement, the 911 system or another emergency dispatch system, a poison control center or to a health care provider; or(2) assisting an individual who is reporting an alcohol- or drug-related overdose or providing care to an individual who is experiencing an alcohol- or drug-related overdose or other medical emergency while awaiting the arrival of a health care provider.History: Laws 2019, ch. 211, § 11.ANNOTATIONSEffective dates. — Laws 2019, ch. 211, § 17 made Laws 2019, ch. 211 effective July 1, 2019.
NM Stat § 60-8-1 to 60-8-11 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8 - Revocation and Suspension of Licenses (Repealed.)|Section 60-8-1 to 60-8-11 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 39, § 128, repealed 60-8-1 to 60-8-11 NMSA 1978, relating to the revocation and suspension of licenses, effective July 1, 1981. For present provisions, see 60-6B-7, 60-6C-1 to 60-6C-9, 60-7A-20 NMSA 1978.
NM Stat § 60-8A-1.1 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-1.1 - Unlawful inducements.

A. No retailer licensee, restaurant licensee, club licensee, governmental licensee or licensee that dispenses any kind or class of alcoholic beverage shall directly or indirectly, or through an affiliate, give or permit to be given money or any other thing of substantial value in any effort to induce any person to persuade or influence any other person to purchase, or contract for the purchase of, any particular brand or kind of alcoholic beverages, or to persuade or influence any person to refrain from purchasing, or refrain from contracting for the purchase of, any particular brand or kind of alcoholic beverages.B. No retailer licensee, restaurant licensee, club licensee, governmental licensee or licensee that dispenses any kind or class of alcoholic beverage shall directly or indirectly, or through an affiliate, receive or otherwise accept an inducement prohibited pursuant to Subsection A of this section.History: 1978 Comp., § 60-8A-1.1, enacted by Laws 2021, ch. 117, § 1.ANNOTATIONSEffective dates. — Laws 2021, ch. 117, § 2 made Laws 2021, ch. 117, § 1 effective July 1, 2021.
NM Stat § 60-8A-2 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-2 - Territorial designation for distribution of beer; agreement.

Every brewer, whether located within or without New Mexico, may designate territorial limits in the state within which the brand or brands of beer manufactured by the manufacturer may be sold by wholesalers of beer to licensees. A wholesaler of beer may enter into written agreement with the manufacturer of the brand of beer to be sold by the wholesaler which sets forth the territorial limits within which the wholesaler may distribute the beer. A copy of the agreement and any amendments shall be filed with the department by the wholesaler. History: Laws 1981, ch. 39, § 61.
NM Stat § 60-8A-3 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-3 - Invoices.

Whenever a New Mexico wholesaler delivers any item of alcoholic beverages to a New Mexico retailer, dispenser, canopy licensee, restaurant licensee, club licensee or governmental licensee or its lessee, the delivery shall be accompanied by an invoice which accurately and clearly shows the date of the sale and the quantity of each item of merchandise delivered. The retailer, dispenser, canopy licensee, restaurant licensee, club licensee or governmental licensee or its lessee receiving the alcoholic beverages shall retain the invoice for a period of two years. The invoices shall be open for inspection and examination by any employee of the department or the taxation and revenue department during all usual business hours. History: Laws 1981, ch. 39, § 70. ANNOTATIONS"Invoice" construed. — Document, which was labeled as an invoice, listing various types of beer along with the quantity, unit price, total price, and a discount, was an "invoice" within the meaning of this section. Pucci Distrib. Co. v. Nellos, 1990-NMSC-074, 110 N.M. 374, 796 P.2d 595. Licensee must observe obligations of each license owned. — A person owning more than one license must still exercise the rights and observe the obligations granted by each license independently of the other licenses. 1980 Op. Att'y Gen. No. 80-34. A licensee holding more than one dispenser or retailer license may not purchase all the alcoholic liquors needed by his multiple operations under the privilege of only one license, store them unsegregated in a common facility, and then distribute them from the common facility, as needed, to the different licensed operations. 1980 Op. Att'y Gen. No. 80-34. Law reviews. — For survey of 1990-91 commercial law, see 22 N.M.L. Rev. 661 (1992). Am. Jur. 2d, A.L.R. and C.J.S. references. — 48 C.J.S. Intoxicating Liquors § 205.
NM Stat § 60-8A-4 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-4 - Returns.

A. The return or repossession of any stock of alcoholic beverages to or by any licensed New Mexico wholesaler shall not be construed as a sale within the meaning of any provision of the Liquor Control Act [60-3A-1 NMSA 1978]. B. The provisions of Subsection A of this section shall apply in case of the return or repossession of any alcoholic beverages to or by a nonresident licensee by or from any New Mexico wholesaler. History: Laws 1981, ch. 39, § 73.
NM Stat § 60-8A-5 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-5 - Debts for merchandise sold in violation of law unenforceable; no garnishment on sales by retailers and dispensers.

No action shall be maintained or a garnishment or attachment be issued to collect any debt for merchandise sold, served or delivered in violation of the Liquor Control Act [60-3A-1 NMSA 1978]. No writ of garnishment shall issue where the debt or obligation or the cause of action in the original suit or the garnishment action is founded upon the sale or purchase of alcoholic beverages by or from a retailer or dispenser as defined in Section 3 [60-3A-3 NMSA 1978] of that act. History: Laws 1981, ch. 39, § 76. ANNOTATIONSWrit of garnishment. — Laws 1909, ch. 62, § 1, relating to writs of garnishment and grounds for garnishment, was repealed by Laws 1969, ch. 139, § 2. Application of section. — This section applies not only to illegal credit sales by retailers to consumers, but sanction of disallowing actions to recover debt also applies to violations of the tied-house laws. N.M. Beverage Co. v. Blything, 1985-NMSC-039, 102 N.M. 533, 697 P.2d 952. Law reviews. — For survey of 1990-91 commercial law, see 22 N.M.L. Rev. 661 (1992). Am. Jur. 2d, A.L.R. and C.J.S. references. — 48 C.J.S. Intoxicating Liquors § 213.
NM Stat § 60-8A-6 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-6 - Primary American source of supply.

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, § 122.
NM Stat § 60-8A-7 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 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. History: Laws 1981, ch. 39, § 54; 1987, ch. 263, § 1; 2003, ch. 100, § 1. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, in Subsection C, substituted "agent or its successors or assigns that" for "or agent which" following "importer, broker" and added the last sentence.
NM Stat § 60-8A-9 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-9 - Franchises; recovery of damages; injunction; remedies independent.

A. Any wholesaler may bring an action against a supplier for violation of Sections 60-8A-7 through 60-8A-11 NMSA 1978 in any court of competent jurisdiction, and may recover damages, together with the costs of the action, including reasonable attorneys' fees. B. Any wholesaler may bring an action against a supplier in any court of competent jurisdiction for injunctive relief against termination, cancellation or failure to renew a franchise in violation of the provisions of Sections 60-8A-7 through 60-8A-11 NMSA 1978. C. The remedies provided in this section are independent of and supplemental to any other remedy available to the wholesaler in law or equity. D. It is the intent of the legislature that the Liquor Control Act [60-3A-1 NMSA 1978] control contractual relations between suppliers and wholesalers in the state. Any contract provision which has the effect of circumventing the provisions of Sections 60-8A-7 through 60-8A-11 NMSA 1978, whether a "choice of law" provision, or other provision, shall be deemed null and void and not applicable to franchises between suppliers and wholesalers in the state. E. In any action brought by a wholesaler against a supplier under the provisions of Sections 60-8A-7 through 60-8A-11 NMSA 1978, if it is determined that the supplier terminated a franchise without good cause or not in good faith, such supplier shall be responsible to any wholesaler so aggrieved in damages in an amount not less than three times the annual gross profits derived by such wholesaler from the sale of any and all brands under such franchise. History: Laws 1981, ch. 39, § 56; 1993, ch. 57, § 2. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, substituted "60-8A-7 through 60-8A-11 NMSA 1978" for "54 through 58 of the Liquor Control Act" in Subsections A and B and added Subsections D and E.
NM Stat § 60-8A-10 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-10 - Franchises; actions; defense.

In any action brought by a wholesaler against a supplier for termination, cancellation or failure to renew a franchise in violation of Sections 60-8A-7 through 60-8A-11 NMSA 1978, it is a complete defense for the supplier to prove that the termination, cancellation or failure to renew was done in good faith and for good cause. It shall not be a defense to any action brought by a wholesaler against a supplier under the provisions of Sections 60-8A-7 through 60-8A-11 NMSA 1978 for the supplier to claim that the laws of another state control over those provisions or in any way make the cited provisions not applicable. History: Laws 1981, ch. 39, § 57; 1993, ch. 57, § 3. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, substituted "60-8A-7 through 60-8A-11 NMSA 1978" for "54 through 58 of the Liquor Control Act" and added the second sentence. Evidence warranting appointment of second distributor. — The court's findings of fact support conclusion that supplier acted in good faith and for good cause in appointing a second distributor in New Mexico and that distributor's cause of action for violation of the franchise statutes fails where distributor consistently failed to meet sales expectations, followed a market philosophy contrary to that of supplier, failed to take sufficient steps as promised to improve its performance, and, in supplier's business judgment, failed to adequately represent supplier's product in New Mexico in light of supplier's repeated notifications of its substandard performance and attempts to anticipate improvements. State Distribs., Inc. v. Glenmore Distilleries Co., 738 F.2d 405 (10th Cir. 1984)(decided prior to 1987 amendment of Section 60-8A-7 NMSA 1978, defining "good faith").
NM Stat § 60-8A-11 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-11 - Franchises; time limit for bringing of action.

Any action brought pursuant to Sections 54 through 58 [60-8A-7 to 60-8A-11 NMSA 1978] of the Liquor Control Act shall be forever barred unless commenced within one year after the cause of action has accrued. History: Laws 1981, ch. 39, § 58. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 48 C.J.S. Intoxicating Liquors § 449.
NM Stat § 60-8A-12 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-12 - Filing of schedules required.

A. No brand of spirituous liquors shall be sold to or purchased by a wholesaler, irrespective of the place of sale or delivery, unless a price and discount schedule is filed with the director and is then in effect. B. Such schedule shall be filed by the owner of the brand who is the holder of a nonresident license issued by the department. History: Laws 1981, ch. 39, § 62; 1985, ch. 5, § 1. ANNOTATIONSFormer Discrimination in Selling Act constitutional. — The 1967 New Mexico Discrimination in Selling Act, former Sections 60-12-1 through 60-12-10 NMSA 1978, similar to present Sections 60-8A-12 through 60-8A-19 NMSA 1978, was constitutional. U.S. Brewers Ass'n v. Rodriguez, 465 U.S. 1093, 104 S. Ct. 1581, 80 L. Ed. 2d 115 (1984). Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 237. Price regulation, 14 A.L.R.2d 699. 48 C.J.S. Intoxicating Liquors § 191.
NM Stat § 60-8A-13 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-13 - Selling to wholesalers at prices different than shown in schedule.

A brand of spirituous liquors shall not be sold to wholesalers except at the price and discounts shown on the schedule unless prior written permission of the director is granted for reasons not inconsistent with the purposes of Sections 60-8A-12 through 60-8A-19 NMSA 1978. History: Laws 1981, ch. 39, § 63; 1985, ch. 5, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 203. 48 C.J.S. Intoxicating Liquors § 212.
NM Stat § 60-8A-14 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-14 - Form of schedule.

The schedule of prices and discounts shall be in writing, duly verified and filed in the number of copies, form and at such time as required by the director. It shall contain, with respect to each item, the exact brand or trade name, capacity of package, nature of contents and age and proof where stated on the label; the number of bottles contained in each case; the bottle and case price to wholesalers, which shall be individual for each item; the discounts for quantity, if any; and the discounts for time of payment, if any. History: Laws 1981, ch. 39, § 64.
NM Stat § 60-8A-15 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-15 - Filing of affirmation.

The owner of a brand of spirituous liquors shall file as part of the schedule a verified affirmation that the price to New Mexico wholesalers is no greater than the lowest price at which the item of spirituous liquors is sold by the brand owner or any related person to any wholesaler anywhere in any other state of the United States or in the District of Columbia, or to any state or state agency which owns and operates retail liquor stores. As used in this section, "related person" means any person: A. in any business in which the brand owner has an interest, direct or indirect, by stock or other security ownership, as lender or lienor or by interlocking director or officer; B. in the exclusive, principal or substantial business of selling a brand of spirituous liquors purchased from the brand owner; or C. who has an exclusive franchise or contract to sell the brand of spirituous liquors. History: Laws 1981, ch. 39, § 65; 1985, ch. 5, § 3. ANNOTATIONSConstitutionality. — This section is neither arbitrary nor discriminatory and does not violate due process or equal protection and is, therefore, constitutional. United States Brewers Ass'n v. Director of N.M. Dep't of ABC, 1983-NMSC-059, 100 N.M. 216, 668 P.2d 1093, appeal dismissed, 465 U.S. 1093, 104 S. Ct. 1581, 80 L. Ed. 2d 115 (1984). This section violates the Commerce Clause of the United States Constitution even though it regulates all brand owners of intoxicating liquors evenhandedly, arguably promotes the state's legitimate interest in assuring the lowest possible price, for its residents, and allows brand owners to change out-of-state prices for a product once the price and discount schedule mandated by Section 60-8A-12 NMSA 1978 is filed, because its practical effect is to control prices in other states. Brown-Forman Corp. v. N.M. Dep't of ABC, 672 F. Supp. 1383 (D.N.M. 1987).
NM Stat § 60-8A-16 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-16 - Failure to file; schedule deemed invalid.

If an affirmation with respect to any item of spirituous liquors is not filed within the prescribed time, any schedule for which the affirmation is required shall be deemed invalid with respect to that item of spirituous liquors, and the item shall not be sold to or purchased by any wholesaler during the period covered by the schedule. History: Laws 1981, ch. 39, § 66; 1985, ch. 5, § 4.
NM Stat § 60-8A-17 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-17 - Determination of lowest price.

In determining the lowest price for which any item of spirituous liquors was sold in any other state or in the District of Columbia, or to any state or state agency which owns and operates retail liquor stores, appropriate reductions shall be made to reflect all discounts in excess of those to be in effect under the schedule, and all rebates, free goods, allowances and other inducements of any kind whatsoever offered or given to any such wholesaler, state or state agency or retailer, as the case may be, purchasing the item in the other state or in the District of Columbia. Nothing contained in Sections 60-8A-12 through 60-8A-19 NMSA 1978 shall prevent differentials in price which make only due allowance for differences in state taxes and fees and in the actual cost of delivery. As used in this section, "state taxes and fees" means the excise taxes imposed or the fees required by any state or the District of Columbia upon, or based upon, the liter of spirituous liquors. History: Laws 1981, ch. 39, § 67; 1985, ch. 5, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 265. Validity of state statute or regulation fixing minimum prices at which alcoholic beverages may be sold at retail, 96 A.L.R.3d 639.
NM Stat § 60-8A-18 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-18 - Violation; penalty.

Any person who knowingly makes a false statement in any affirmation made and filed pursuant to Sections 62 through 69 [60-8A-12 to 60-8A-19 NMSA 1978] of the Liquor Control Act shall be liable for suspension of any license issued by the department for a period not to exceed five days for the first offense and thirty days for each offense thereafter. History: Laws 1981, ch. 39, § 68. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 431. 48 C.J.S. Intoxicating Liquors § 286.
NM Stat § 60-8A-19 (2021)
2021 New Mexico Statutes|Chapter 60 - Business Licenses|Article 8A - Trade Practices|Section 60-8A-19 - Authority to refuse affirmations.

Upon finding that a person has violated the Liquor Control Act [60-3A-1 NMSA 1978] and after appeal or, in the event no appeal is taken, upon the expiration of the time during which an appeal could have been taken, the director may refuse to accept any affirmation required to be filed by such person for a period not to exceed three months. History: Laws 1981, ch. 39, § 69. ANNOTATIONSVeto of severability clause unconstitutional. — The governor's veto of Laws 1981, ch. 39, § 129, the severability clause of the Liquor Control Act, was unconstitutional under N.M. Const., art. IV, § 22, because that act does not appropriate money and the governor's power of partial veto is limited to bills appropriating money. Chronis v. State ex rel. Rodriguez, 1983-NMSC-081, 100 N.M. 342, 670 P.2d 953.