reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-19 - [Failure to designate agent for service of process; penalty; pictures barred.]

The requirements in Section eighteen [57-5-18 NMSA 1978] are hereby made a prerequisite to the right of any person, firm or corporation to sell, lease or otherwise distribute motion pictures within the state of New Mexico. Any person, firm or corporation selling, distributing or exhibiting pictures in the state of New Mexico without first designating the chairman of the state corporation commission [public regulation commission] as its true and lawful attorney for the purpose of service of process as hereinbefore required, shall be subject to a fine of not more than one thousand dollars ($1,000) and all pictures, produced, manufactured or distributed by such person, firm or corporation shall be barred and excluded from exhibiting [exhibition] within the state of New Mexico until the provisions of this act [57-5-1 to 57-5-22 NMSA 1978] have been complied with by such person, firm or corporation.
History:
Laws 1933, ch. 177, § 19; 1941 Comp., § 51-2719; 1953 Comp., § 49-5-19.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-20 - [Venue of prosecutions.]

The venue in an indictment or information for conspiracy in violation of the provisions of this act [57-5-1 to 57-5-22 NMSA 1978], may be laid in the county in which the agreement was entered into, or in any county in which any overt act was done by any of the conspirators in furtherance of the common design or conspiracy. If the conspiracy is entered into within the jurisdiction of any court of this state, the parties thereto are triable in that jurisdiction, notwithstanding that the offense is to be committed outside the jurisdiction, or in another state. And if the conspiracy is formed outside the jurisdiction of any court of this state, and an overt act is performed in the furtherance of said conspiracy in the jurisdiction of any such court, the conspirators shall be tried and punished in the court wherein the overt act was committed.
History:
Laws 1933, ch. 177, § 20; 1941 Comp., § 51-2720; 1953 Comp., § 49-5-20.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
92 C.J.S. Venue §§ 77, 78.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-21 - [Contracts filed with public regulation commission; fees; filing copies of blank forms; penalty for violation.]

All contracts for the purchase, leasing or acquirement of motion pictures by producers and/or distributors, in competitive situations, from producers and/or exhibitors or anyone else, shall be filed as in this act [57-5-1 to 57-5-22 NMSA 1978] provided with the state corporation commission [public regulation commission] at Santa Fe, New Mexico, within ten days after same have been approved or become operative; and all adjustments, modifications or changes in contracts shall be in writing and shall be executed as in this act provided for original contracts, and shall be filed likewise and within ten days thereafter; all instruments so filed shall be sworn to by the parties thereto. The corporation commission [public regulation commission] shall receive a fee of two dollars ($2.00) for every instrument filed under the provisions of this act, and shall charge a fee of two dollars ($2.00) for all copies of instruments furnished upon request. When forms are used by producers and exhibitors in sales and lease contracts, blank copies thereof shall be furnished to the corporation commission [public regulation commission] by producers and/or exhibitors. Any person, firm or corporation who fails or refuses, after notice, to comply with any of the provisions of this section shall be punished by a fine as provided in Section four [57-5-4 NMSA 1978] of this act.
History:
Laws 1933, ch. 177, § 21; 1941 Comp., § 51-2721; 1953 Comp., § 49-5-21.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-22 - [Determination of first and second run theaters by public regulation commission.]

All matters requiring a decision as to whether a theater should be classified as a "first" or "second" run theater or a picture show shall be determined by the corporation commission [public regulation commission].
History:
Laws 1933, ch. 177, § 22; 1941 Comp., § 51-2722; 1953 Comp., § 49-5-22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the corporation commission be construed as references to the public regulation commission.
Cross references.
— For the definitions of first and second run theaters,
see
57-5-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5A - Motion Picture Fair Competition › Section 57-5A-1 - Short title.

This act [57-5A-1 to 57-5A-5 NMSA 1978] may be cited as the "Motion Picture Fair Competition Act".
History:
Laws 1979, ch. 189, § 1.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5A - Motion Picture Fair Competition › Section 57-5A-2 - Purposes.

The purpose of the Motion Picture Fair Competition Act is to establish fair and open procedures for the bidding and negotiation of motion pictures within New Mexico in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the state, to promote fair and effective competition in that business and to benefit the movie-going public by holding down admission prices to motion picture theaters, thereby expanding the choice of motion pictures available to the public and preventing exposure of the public to objectionable or unsuitable pictures by ensuring that exhibitors have the opportunity to view a picture before committing themselves to exhibiting it.
History:
Laws 1979, ch. 189, § 2.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5A - Motion Picture Fair Competition › Section 57-5A-3 - Definitions.

As used in the Motion Picture Fair Competition Act:
A. "theater" means any establishment in which motion pictures are regularly exhibited to the public for a charge;
B. "distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing;
C. "exhibitor" means any person engaged in the business of operating one or more theaters;
D. "exhibit" or "exhibition" means showing a motion picture to the public for a charge;
E. "invitation to bid" means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the right to exhibit a motion picture;
F. "bid" means a written or oral offer or proposal by an exhibitor to a distributor, in response to an invitation to bid or otherwise, stating the terms under which the exhibitor will agree to exhibit a motion picture;
G. "license agreement" means any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor;
H. "trade screening" means the showing of a motion picture by a distributor in the exchange center serving New Mexico which is open to any exhibitor interested in exhibiting the motion picture;
I. "blind bidding" means the bidding for, negotiating for or offering or agreeing to terms for the licensing or exhibition of a motion picture, if the motion picture has not been trade screened in the exchange center before any such event has occurred; and
J. "run" means the continuous exhibition of a motion picture in a defined geographical area for a specified period of time. A "first run" is the first exhibition of a motion picture in the designated area, a "second run" is the second exhibition and "subsequent runs" are subsequent exhibitions after the second run.
History:
Laws 1979, ch. 189, § 3; 1980, ch. 49, § 1.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5A - Motion Picture Fair Competition › Section 57-5A-4 - Blind bidding.

A. Blind bidding shall not be required of exhibitions in New Mexico. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place and no license agreement or any of its terms shall be agreed to for the exhibition of any motion picture within the state before the motion picture has been offered for trade screening in the exchange center.
B. A distributor shall include in each invitation to bid for a motion picture for exhibition within New Mexico, if such motion picture has not already been trade screened in the exchange center, the date, time and place of the proposed trade screening of the motion picture in the exchange center.
C. A distributor shall provide reasonable and uniform notice to exhibitors within New Mexico of motion pictures he is distributing.
D. If, within fifteen days of the date of transmission of the invitation to bid, no exhibitor has notified the distributor that it will attend the proposed trade screening, then no trade screening shall be required prior to the acceptance of bids.
E. Any purported waiver of the requirements of this section shall be void and unenforceable.
History:
Laws 1979, ch. 189, § 4; 1980, ch. 49, § 2.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5A - Motion Picture Fair Competition › Section 57-5A-5 - Bidding procedures.

If bids are solicited from exhibitors for the licensing of a motion picture within New Mexico, then:
A. the invitation to bid shall specify:
(1) the number and length of runs for which the bid is being solicited, whether it is a first, second or subsequent run and the geographic area for each run;
(2) the names of all exhibitors or their designated agents who are being solicited;
(3) the date and hour the invitation to bid expires; and
(4) the location, including the address, where the bids will be opened, which shall be in the exchange center;
B. all bids shall be submitted in writing and shall be opened at the same time and in the presence of exhibitors, or their agents, who submitted bids and are present at such time;
C. after being opened, bids shall be subject to examination by exhibitors, or their agents, who submitted bids. Within ten business days after a bid is accepted, the distributor shall notify in writing each exhibitor who submitted a bid of the name of the winning bidder; and
D. once bids are solicited, the distributor shall have the option to license the motion picture by competitive negotiation if he does not accept any of the submitted bids.
History:
Laws 1979, ch. 189, § 5; 1980, ch. 49, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 7 - Junk Dealers › Section 57-7-1 - ["Junk dealers" defined.]

That all persons, firms or corporations engaged in the business of purchasing or selling secondhand or castoff material of any kind, which is commonly known and is hereinafter designated and referred to as "junk" - such as old iron, copper, brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper and other like materials, shall be and hereby are defined, and held to be junk dealers within the meaning of this act [57-7-1 to 57-7-7 NMSA 1978].
History:
Laws 1921, ch. 25, § 1; C.S. 1929, § 77-101; 1941 Comp., § 51-2601; 1953 Comp., § 49-7-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d Occupations, Trades and Professions §§ 1, 4, 15.
Regulation of junk dealers, 30 A.L.R. 1427, 45 A.L.R.2d 1391.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 7 - Junk Dealers › Section 57-7-2 - [Records of purchases.]

Every junk dealer shall keep a book in which shall be written in ink at the time of their purchase a full and accurate description of each and every article purchased, together with the full name, residence and general description of the person or persons selling the same, and said book shall at all times be open to inspection by the sheriff of the county, or any of his deputies and any member of the police force in the city or town, and any constable or other municipal or county official in the county, in which said junk dealer does business. No entry in said book shall be erased, mutilated or changed.
History:
Laws 1921, ch. 25, § 2; C.S. 1929, § 77-102; 1941 Comp., § 51-2602; 1953 Comp., § 49-7-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d Occupations, Trades and Professions § 9.
Validity and construction of regulation requiring keeping of records, 30 A.L.R. 1436, 45 A.L.R.2d 1391.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 7 - Junk Dealers › Section 57-7-3 - [Report concerning lost or stolen articles; inspection of articles.]

If any material, goods, articles or thing whatsoever shall be advertised as having been lost or stolen, and the same, or any material, goods, articles or things answering to the description advertised, or any part or portion thereof, shall then be in, or subsequently come into, the possession of any junk dealer, he shall immediately give information thereof in writing to the sheriff of the county, or the chief of police or constable, of the city, town or village in which the junk dealer does business, and state when and from whom the same was received. Any junk dealer who shall receive, or shall have in his possession any goods, article or thing that has been lost, or shall be alleged or supposed to have been lost or stolen from the owner thereof, shall exhibit the same on demand to the sheriff of the county, or any of his deputies, or to any member of the police force or constable, or other municipal or county official, of the city, town or village, or county in which said junk dealer does business, or to any person duly authorized in writing by any magistrate to inspect property in the possession of said junk dealer, who shall exhibit such authorization to said dealer.
History:
Laws 1921, ch. 25, § 3; C.S. 1929, § 77-103; 1941 Comp., § 51-2603; 1953 Comp., § 49-7-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 7 - Junk Dealers › Section 57-7-4 - [Lost or stolen property returned without payment.]

When any person, firm or corporation is found to be the owner of lost or stolen property, which has been purchased by, or is in the possession of any junk dealer, the said property shall be returned to the owner thereof by said junk dealer without the payment of any money by the owner to said junk dealer, or any other person, firm or corporation.
History:
Laws 1921, ch. 25, § 4; C.S. 1929, § 77-104; 1941 Comp., § 51-2604; 1953 Comp., § 49-7-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 7 - Junk Dealers › Section 57-7-5 - [Dealer to obtain statement from vendor; filing.]

At the time of purchase by any junk dealer of any pig or pigs of metal, copper wire or brass car jurnals [journals] or of any junk said junk dealer shall cause to be subscribed by the person or persons vending the same a statement as to when, where and from whom the vendor or vendors obtained such property; also a statement as to the vendor's or vendors' age or ages, residence or residences: i.e., the city, village or town, and the street and number, if any, of said residence or residences, and such other information as is reasonably necessary to enable said residence or residences to be located, also the name of the employer or employers, if any, of said vendor or vendors, and the place of business or employment of said employer or employers, and the junk dealer shall forthwith file the original of said statement subscribed by said vendor or vendors in the office of the chief of police or marshal, in the city, town or village in which the purchase was made, if made in a city or incorporated village; otherwise said statement shall forthwith be filed by the junk dealer in the office of the sheriff of the county in which said purchase was made.
History:
Laws 1921, ch. 25, § 5; C.S. 1929, § 77-105; 1941 Comp., § 51-2605; 1953 Comp., § 49-7-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d Occupations, Trades and Professions §§ 4, 15.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 7 - Junk Dealers › Section 57-7-6 - [Violation of act; penalties.]

Any junk dealer who shall be found guilty of a violation of any of the provisions of this act [57-7-1 to 57-7-7 NMSA 1978], shall be guilty of a misdemeanor, and shall be fined or [and] imprisoned, either or both, in the discretion of the court, provided, however, that for the first offense the fine shall be not less than fifty dollars ($50.00) or more than two hundred dollars ($200), and the imprisonment shall be for not more than sixty (60) days; and further provided, that for the second, and for each subsequent conviction or violation of any of the provisions of this act, the fines shall be not less than one hundred dollars ($100) or more than three hundred dollars ($300) and the imprisonment not less than thirty (30) days or more than ninety (90) days.
History:
Laws 1921, ch. 25, § 6; C.S. 1929, § 77-106; 1941 Comp., § 51-2606; 1953 Comp., § 49-7-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 7 - Junk Dealers › Section 57-7-7 - [Statements by vendor; penalty.]

Any vendor who in making his statement as contemplated by this act [57-7-1 to 57-7-7 NMSA 1978] or in making any other written statement relative to junk which he either has sold or is trying to sell shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars [($10.00)] and costs nor more than one hundred dollars [($100)] and costs, or by imprisonment in the county jail for not less than ten nor more than ninety days, or by both such fine and imprisonment in the discretion of the court.
This act shall not be construed as impairing in anywise the power of cities or incorporated towns in this state to license, tax and to regulate any person, firm or corporation now engaged in, or hereafter engaged in the buying and selling of junk, provided, that such regulations are not inconsistent herewith.
History:
Laws 1921, ch. 25, § 7; C.S. 1929, § 77-107; 1941 Comp., § 51-2607; 1953 Comp., § 49-7-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For statements and records required to be kept by the junk dealer,
see
57-7-2, 57-7-3, 57-7-5 NMSA 1978.
Compiler's notes.
— This section is apparently incomplete in its description of the offense in the first paragraph.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 8 - Trading Stamps › Section 57-8-1 - [Definitions.]

As used in this act [57-8-1 to 57-8-6 NMSA 1978]:
A. the term "trading stamp" means any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount or for any other marketing purpose, which entitles the rightful holder, on its due presentation for redemption, to receive merchandise, service or cash. This term, however, shall not mean any redeemable device used by the manufacturer or packer of an article, in advertising or selling it, or any redeemable device issued and redeemed by a newspaper, magazine or other publication;
B. the term "trading stamp company" means any person engaged in distributing trading stamps for retail issuance by others, or in redeeming trading stamps for retailers in any way or under any guise;
C. the term "person" means any individual, partnership, corporation, association or other organization.
History:
1953 Comp., § 49-9-1, enacted by Laws 1959, ch. 79, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Junior stamp plan not subject to New Mexico Trading Stamp Act.
1962 Op. Att'y Gen. No. 62-35.
Retail store issuing own stamps not subject to act.
— A retail store which issues its own trading stamps and redeems them at its own store is not within the purview of the act. 1959 Op. Att'y Gen. No. 59-141.
Several stores establishing stamp system subject to act.
— When several stores establish a trading stamp system where the stamps may be redeemed at any one of the several issuing stores, then each store is redeeming for the other and is subject to this statute. 1959 Op. Att'y Gen. No. 59-141.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d Occupations, Trades and Professions §§ 79 to 88.
Constitutionality of trading stamp legislation, 26 A.L.R. 707, 124 A.L.R. 345, 133 A.L.R. 1087.
Giving of trading stamps, premiums, or the like, as violation of Fair Trade Law, 22 A.L.R.2d 1212.
Giving of trading stamps, premiums, or the like, as violation of statute prohibiting sales below costs, 70 A.L.R.2d 1080.
87 C.J.S. Trademarks, Tradenames and Unfair Competition §§ 244, 257.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 8 - Trading Stamps › Section 57-8-2 - [Fraud, false representation and lottery prohibited.]

No trading stamp company shall commit any fraud or shall make any false representation or shall resort to any lottery in distributing or redeeming trading stamps in this state.
History:
1953 Comp., § 49-9-2, enacted by Laws 1959, ch. 79, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d Occupations, Trades and Professions §§ 81, 83 to 87.
38 C.J.S. Gaming § 2 et seq.; 54 C.J.S. Lotteries § 9.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 8 - Trading Stamps › Section 57-8-3 - [Redemption value in cents to be shown.]

No trading stamp company shall distribute trading stamps in this state or shall redeem trading stamps hereafter issued therein unless:
A. each stamp has legibly printed upon its face in cents or any fraction thereof a cash value determined by the company; and
B. the rightful holders may, at their option, redeem the stamps in cash when duly presented to the company for redemption in a number having an aggregate cash value of not less than twenty-five cents [($.25)].
History:
1953 Comp., § 49-9-3, enacted by Laws 1959, ch. 79, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
At least one redemption center must be located within state.
— It must be implied from the requirements set forth that each such company must have at least one redemption center located within the state of New Mexico. 1959 Op. Att'y Gen. No. 59-141.
Must redeem and provide for optional cash redemption within state.
— A trading stamp company must redeem stamps in this state and must, in addition to offering to redeem for services or merchandise, provide for optional cash redemption in this state. 1959 Op. Att'y Gen. No. 59-141.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 8 - Trading Stamps › Section 57-8-5 - [Ceasing or suspending redemption; notice of intention.]

No trading stamp company shall cease or suspend the redemption of trading stamps in this state without filing with the secretary of state at least ninety days' prior written notice of its intention so to do and concurrently mailing a copy of such notice to each retailer within this state which has at any time theretofore within one year issued trading stamps which the company is obligated to redeem.
History:
1953 Comp., § 49-9-5, enacted by Laws 1959, ch. 79, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Contractual obligation to redeem extends beyond 90-day notice period.
— This section is not intended to affect the contractual rights of the holders of stamps issued by either the trading stamp company or its contract retailers. The obligation to redeem remains even after the 90 days have elapsed. A failure to redeem after that period is a default and would constitute a breach of contract, at least as to those who receive stamps prior to the notice and as to those who were without actual knowledge of the intention of the trading stamp company to cease redemption and who were issued stamps by the retailer after he has received such notice. 1959 Op. Att'y Gen. No. 59-127.
Obligation to redeem unwritten contract with four-year limitation.
— The obligation to redeem, being based on an unwritten contract between the stamp company and the rightful holder, is governed by the statute of limitations for such unwritten contracts, which is four years (
see
37-1-4 NMSA 1978). 1959 Op. Att'y Gen. No. 59-127.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 8 - Trading Stamps › Section 57-8-6 - [Violation of act; penalty; injunction.]

Any person violating any provision of this act [57-8-1 to 57-8-6 NMSA 1978] shall be punished by a fine of not more than five thousand dollars ($5,000), and the district court shall have jurisdiction in equity on the complaint of the secretary of state, the attorney general or any rightful holder of stamps of the offering company to restrain the violation of any of said provisions.
History:
1953 Comp., § 49-9-6, enacted by Laws 1959, ch. 79, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9 - Used Merchandise › Section 57-9-1 - Short title.

This act [57-9-1 to 57-9-3, 57-9-4, 57-9-5 NMSA 1978] may be cited as the "Used Merchandise Act".
History:
1953 Comp., § 49-13-1, enacted by Laws 1967, ch. 155, § 1.
ANNOTATIONS
Cross references.
— For authority of municipalities generally,
see
3-17-1 and 3-18-1 NMSA 1978.
Act did not withdraw authority of municipalities to regulate pawnbrokers.
— Since there may be double regulation, the later state law and the prior municipal authority to regulate are reconcilable. The Used Merchandise Act did not withdraw the authority of municipalities to regulate pawnbrokers.
City of Hobbs v. Biswell
, 1970-NMCA-086, 81 N.M. 778, 473 P.2d 917, cert. denied, 81 N.M. 772, 473 P.2d 911.
Municipal ordinance may duplicate or complement statutory regulations.
— With the enactment of the Used Merchandise Act, there is regulation of pawnbrokers by both the state and the municipality. The fact of double regulation does not result in the withdrawal of the municipality's authority to regulate. An ordinance may duplicate or complement statutory regulations.
City of Hobbs v. Biswell
, 1970-NMCA-086, 81 N.M. 778, 473 P.2d 917, cert. denied, 81 N.M. 772, 473 P.2d 911.
Municipal ordinance requiring recording amount of purchase price or loan
not in conflict with the Used Merchandise Act.
City of Hobbs v. Biswell
, 1970-NMCA-086, 81 N.M. 778, 473 P.2d 917, cert. denied, 81 N.M. 772, 473 P.2d 911.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability on implied warranties in sale of used motor vehicle, 47 A.L.R.5th 677.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9 - Used Merchandise › Section 57-9-2 - Definitions.

As used in the Used Merchandise Act:
A. "store" means any pawnshop, second hand store, junkshop, automobile salvage or wreckage establishment or any place of operation for dealing in or purchasing gold, silver or platinum, but does not include any shop or establishment insofar as it purchases or deals in paper products or used beverage containers, other than those made of gold, silver or platinum; and
B. "identification" means a valid New Mexico driver's license, a federal social security card, a valid armed forces identification card, a federal census number, a valid medicare identification card, a valid passport or any valid juvenile identification card issued by a municipality of this state.
History:
1953 Comp., § 49-13-2, enacted by Laws 1967, ch. 155, § 2; 1981, ch. 323, § 1.
ANNOTATIONS
Municipal ordinance imposing stricter identification and description of article requirements
not in conflict with this section.
City of Hobbs v. Biswell
, 1970-NMCA-086, 81 N.M. 778, 473 P.2d 917, cert. denied, 81 N.M. 772, 473 P.2d 911.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9 - Used Merchandise › Section 57-9-3 - Prohibited acts.

It is unlawful for the owner of any store, or the manager or employee thereof, to purchase or to loan money secured by any used merchandise, article or thing without first requiring identification from the seller or borrower and recording the name of the seller or borrower, his address and date of birth or social security number, a complete description of the merchandise, article or thing sold or loaned on the date of such transaction and the identification number and type of identification shown.
History:
1953 Comp., § 49-13-3, enacted by Laws 1967, ch. 155, § 3; 1981, ch. 323, § 2.
ANNOTATIONS
Municipal ordinance requiring both date and time be recorded not
in conflict with this section.
City of Hobbs v. Biswell
, 1970-NMCA-086, 81 N.M. 778, 473 P.2d 917, cert. denied, 81 N.M. 772, 473 P.2d 911.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d Occupations, Trades and Professions §§ 4, 9, 15.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9 - Used Merchandise › Section 57-9-3.1 - Weighing devices.

All devices used to weigh precious metals by an owner of a store shall have been inspected and approved for use by a weights and measures officer of this state within a period of twelve months immediately preceding the date of the weighing.
History:
1978 Comp., § 57-9-3.1, enacted by Laws 1981, ch. 323, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9 - Used Merchandise › Section 57-9-3.2 - Records.

An owner of a store shall:
A. keep a record in which he shall note the time of each transaction, a description of the goods purchased, the name and address of the person selling the goods and the date and hour the goods were received; and
B. retain all gold, silver and platinum in the form in which purchased in his possession for a period of not less than five days.
History:
1978 Comp., § 57-9-3.2, enacted by Laws 1981, ch. 323, § 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9 - Used Merchandise › Section 57-9-3.3 - Receipts.

The owner of a store shall issue a serialized receipt for each purchase or statement of appraisal of gold, silver or platinum which shall contain the following:
A. the legal name and address of the store or appraiser;
B. the name and address of the seller;
C. the date of the transaction;
D. the net weight in terms of pounds troy or avoirdupois, ounces troy or avoirdupois, pennyweight troy or avoirdupois or kilograms or grams; and
E. the fineness of the precious metal in terms of karat for gold and sterling or coin for silver.
The merchant shall retain copies of each receipt or statement of appraisal for not less than one year.
History:
1978 Comp., § 57-9-3.3, enacted by Laws 1981, ch. 323, § 5.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9 - Used Merchandise › Section 57-9-4 - Inspection of record.

The record as provided in Section 3 [57-9-3 NMSA 1978] of the Used Merchandise Act shall be open to inspection of law enforcement officers of the county, municipality and state at all times.
History:
1953 Comp., § 49-13-4, enacted by Laws 1967, ch. 155, § 4.
ANNOTATIONS
Municipal ordinance permitting inspection by persons not police officers not
in conflict with this section.
City of Hobbs v. Biswell
, 1970-NMCA-086, 81 N.M. 778, 473 P.2d 917, cert. denied, 81 N.M. 772, 473 P.2d 911.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9 - Used Merchandise › Section 57-9-5 - Penalty.

A. The first violation of the Used Merchandise Act is a misdemeanor.
B. Second and all subsequent violations of the Used Merchandise Act which occur after the date of conviction for the first offense are fourth degree felonies.
History:
1953 Comp., § 49-13-5, enacted by Laws 1967, ch. 155, § 5; 1981, ch. 323, § 6.
ANNOTATIONS
Cross references.
— For sentencing authority with respect to petty misdemeanors,
see
31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9A - Unused Merchandise Ownership Protection › Section 57-9A-1 - Short title.

This act [57-9A-1 to 57-9A-6 NMSA 1978] may be cited as the "Unused Merchandise Ownership Protection Act".
History:
Laws 1999, ch. 247, § 1.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 247, § 7, made the Unused Merchandise Ownership Protection Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9A - Unused Merchandise Ownership Protection › Section 57-9A-2 - Definitions.

As used in the Unused Merchandise Ownership Protection Act:
A. "open market" may include a "swap meet", an "indoor swap meet" or a "flea market" and means an event at which two or more persons offer personal property for sale or exchange and either:
(1) a fee is charged for those persons selling or exchanging personal property or a fee is charged to the public for admission to the event; or
(2) the event is held more than six times in a twelve-month period;
B. "unused merchandise" means tangible personal property that, since its original production or manufacturing, has never been used or consumed and, if placed in a package or container, is still in its original and unopened package or container; and
C. "vendor of unused merchandise" means a person who offers unused merchandise for sale or exchange at an open market, except a person who offers five or less items of the same unused merchandise for sale or exchange at an open market.
History:
Laws 1999, ch. 247, § 2.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 247, § 7, made the Unused Merchandise Ownership Protection Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9A - Unused Merchandise Ownership Protection › Section 57-9A-3 - Prohibited sales; certain merchandise.

A. It is a violation of the Unused Merchandise Ownership Protection Act for a vendor of unused merchandise to sell or offer for sale any baby food or infant formula, cosmetic, drug or medical device at an open market without displaying a written valid authorization from the manufacturer or distributor of the merchandise. The authorization shall identify the vendor of unused merchandise and shall specify the merchandise and expiration date of the merchandise that the vendor is authorized to sell.
B. As used in this section:
(1) "baby food or infant formula" means unused merchandise consisting of a food product manufactured, packaged and labeled specifically for consumption by a child less than two years of age;
(2) "cosmetic" means unused merchandise, other than soap, that is:
(a) intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance; or
(b) intended for use as a component of any articles enumerated in Subparagraph (a) of this paragraph;
(3) "drug" means unused merchandise, other than food, that:
(a) is recognized in an official compendium;
(b) affects the structure or any function of the body of man or other animals; or
(c) is intended for use as a component of Subparagraph (a) or (b) of this paragraph, but does not include medical devices or their component parts or accessories;
(4) "medical device" means unused merchandise that is an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component, part or accessory, and that is:
(a) recognized in an official compendium;
(b) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease, in man or other animals; or
(c) intended to affect the structure or function of the body of man or other animals and which does not achieve its principal intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for achievement of its principal intended purposes; and
(5) "official compendium" means the official United States pharmacopoeia national formulary or the official homeopathic pharmacopoeia of the United States or any supplement to either of them.
History:
Laws 1999, ch. 247, § 3.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 247, § 7, made the Unused Merchandise Ownership Protection Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9A - Unused Merchandise Ownership Protection › Section 57-9A-4 - Recordkeeping requirements; violations.

A. A vendor of unused merchandise shall maintain receipts for the vendor's purchase of any unused merchandise sold or offered for sale by the vendor at an open market. The receipts shall be kept at the open market in which the unused merchandise is offered for sale and at the vendor's residence or principal place of business for two years after the merchandise is sold. Each receipt shall specify:
(1) the date of the purchase;
(2) the name and address of the person from whom the unused merchandise was acquired;
(3) a description of the unused merchandise purchased, including any specific lot numbers or other identifying characteristics;
(4) the amount paid for the unused merchandise; and
(5) the signature of the buyer and the seller of the unused merchandise.
B. It is a violation of the Unused Merchandise Ownership Protection Act for a person to knowingly:
(1) falsify, obliterate or destroy any receipt required to be kept pursuant to this section;
(2) at the request of a police officer, as defined in Section 29-7-7 NMSA 1978, fail or refuse to produce any receipt required to be kept pursuant to this section; and
(3) fail to maintain any receipt as required by this section.
History:
Laws 1999, ch. 247, § 4.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 247, § 7, makes the Unused Merchandise Ownership Protection Act effective on July 1, 1999.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9A - Unused Merchandise Ownership Protection › Section 57-9A-5 - Exemptions.

A. The following persons are exempt from the provisions of the Unused Merchandise Ownership Protection Act:
(1) a vendor at an event organized or operated for religious, educational, charitable or other nonprofit purposes if no part of any admission fee or parking fee charged vendors or prospective purchasers and no part of the gross receipts or net earnings from the sale of merchandise at the event is paid to a private person for participating in the organization or operation of the event;
(2) a vendor at an industry or association trade show;
(3) a vendor at an event at which all of the merchandise offered for sale is new and at which all vendors are manufacturers or authorized representatives of manufacturers or distributors; and
(4) a vendor selling by sample, catalog or brochure for future delivery.
B. The requirements of the Unused Merchandise Ownership Protection Act do not apply to sales or offers for sale of the following unused merchandise:
(1) firewood, sand, gravel, flagstone, building stone or other natural product;
(2) live animals;
(3) vehicles subject to registration pursuant to Section 66-3-1 NMSA 1978;
(4) food intended for human consumption at the open market immediately after sale;
(5) merchandise offered for sale as an antique or otherwise historical item and, although never used, the style, packaging, material or appearance of which clearly indicates that the merchandise was not produced or manufactured within recent times;
(6) food offered for sale that was grown, harvested or processed by the vendor or the grower;
(7) art, crafts or handicrafts that were produced by the vendor or the grower; and
(8) fresh produce.
History:
Laws 1999, ch. 247, § 5.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 247, § 7, made the Unused Merchandise Ownership Protection Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 9A - Unused Merchandise Ownership Protection › Section 57-9A-6 - Penalties.

A person who violates any provision of the Unused Merchandise Ownership Protection Act is guilty of a misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978.
History:
Laws 1999, ch. 247, § 6.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 247, § 7, made the Unused Merchandise Ownership Protection Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 10 - Distress Sales › Section 57-10-1 - Short title.

This act [57-10-1 to 57-10-12 NMSA 1978] may be cited as the "Distress Sales Act".
History:
1953 Comp., § 49-14-1, enacted by Laws 1967, ch. 205, § 1.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 10 - Distress Sales › Section 57-10-2 - Definitions.

As used in the Distress Sales Act:
A. "distress merchandise sale" shall mean any offer to sell to the public, or sale to the public, of goods, wares or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business. Distress merchandise sales shall include but are not limited to any sale advertised either specifically or in substance as a "fire sale," "smoke and water damage sale," "adjustment sale," "liquidation sale," "creditor's sale," "insolvent sale," "trustee's sale," "bankrupt sale," "save us from bankruptcy sale," "insurance salvage sale," "mortgage sale," "assignee's sale," "adjuster's sale," "must vacate sale," "quitting business sale," "receiver's sale," "loss of lease sale," "forced out of business sale," "removal sale," "change of ownership sale" or "new location sale."
B. "person" means any individual, estate, trust, receiver, cooperative association, association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity.
History:
1953 Comp., § 49-14-2, enacted by Laws 1967, ch. 205, § 2.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 10 - Distress Sales › Section 57-10-3 - Licenses.

It shall be unlawful for any person to advertise or conduct a distress merchandise sale without having first obtained a license to do so in accordance with the provisions of the Distress Sales Act.
History:
1953 Comp., § 49-14-3, enacted by Laws 1967, ch. 205, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 10 - Distress Sales › Section 57-10-4 - Application for license.

Any person desiring to conduct a distress merchandise sale shall make a written application verified under oath to the municipal governing body if the sale is to be held within the boundaries of an incorporated municipality or to the county governing body if the sale is to be held outside the boundaries of an incorporated municipality, at least fifteen days prior to the date on which the sale is to commence unless the merchandise to be sold consists of perishable goods, or goods damaged by smoke, fire or water in which case the fifteen-day time period will not be applicable. Each application shall contain the following information and such other information as the municipal or county governing body shall require:
A. the name and address of the owner of the goods, wares or merchandise to be sold;
B. a description of the place where such sale is to be held;
C. the nature of the occupancy of the place where such sale is to be held, whether by lease or otherwise, and the effective date of the termination of the occupancy of the premises;
D. the commencement and termination dates of the distress merchandise sale;
E. a full and complete statement of the facts regarding the reasons why the distress merchandise sale is being conducted, the manner in which the sale is to be conducted, the means to be employed in advertising the sale, together with the content of any proposed advertisement or advertising themes, or copies thereof;
F. if a defunct business is involved, the name and address of the defunct business, and the owner or former owner thereof;
G. a complete and detailed inventory of the goods, wares and merchandise including goods received on consignment to be offered at the distress merchandise sale, the terms and conditions of the acquisition of the property, the amount and description of the goods, wares or merchandise to be sold and the location of the goods, wares and merchandise at the time of the filing of the application;
H. a statement that the applicant has not in contemplation of the distress merchandise sale ordered, purchased or received on consignment any goods, wares or merchandise for the purpose of selling them at the sale within ninety days prior to the filing of the application;
I. a statement that no goods will be added to the inventory after the application is made or during the sale;
J. a statement that the applicant or its principal officers or agents have not been convicted of a violation of the Distress Sales Act or had a license issued under this act revoked within five years of the filing of this application.
History:
1953 Comp., § 49-14-4, enacted by Laws 1967, ch. 205, § 4.