N.M. Admin. Code § 15.10.53.10

Current through Register Vol. 35, No. 17, September 10, 2024

Section 15.10.53.10 - COMMERCIAL COERCION AND BRIBERY

A. The Director shall enforce the prohibitions against unfair trade practices as set forth in Section 60-8A-1 NMSA 1978, of the Act.

B. The Director shall enforce the prohibitions against unlawful inducements as set forth in Section 60-8A-1.1 NMSA 1978, of the Act.

C. Sections 60-8A-1 and 60-8A-1.1 NMSA 1978, of the Act shall incorporate the United States Code of Federal Regulations at 27 C.F.R Section 6.1 et seq., as may be amended, promulgated pursuant to Section 105 of the Federal Alcohol Administration Act at 27 U.S.C. 205, and with all relevant United States Alcohol and Tobacco Tax and Trade Bureau Industry Circulars, as may be amended.

(1) Wholesalers and manufacturers shall not provide money or any other thing of substantial value to a retailer, restaurant, club, governmental or any other type of dispensing licensee, or their affliliates, to persuade, influence or induce a person from purchasing or contracting to purchase a particular brand of alcoholicic beverage.

(2) Retailers, restaurant, club, governmental or any other type of dispensing licensee, or their affiliates, shall not receive or ask for money or any other thing of substantial value from a wholesaler or manufacturer, or their affiliates, to persuade, influence or induce a person from purchasing or contracting to purchase a particular brand or kind of alcoholic beverage.

(3) Things are of substantial value when it has a value greater than three hundred dollars.

(4) Generally, product displays, point of sale advertising materials, temporary signage valued at three hundred dollars or less are permissible.

(5) Fixtures, capital improvements and equipment, including refigeration units, keg coolers, and permanent signage are not permissible unless there is a written contract to buy or lease the item, at fair market value, between the retailer, restaurant, club, governmental, or any other type of dispensing licensee and the wholesaler or manufacturer.

N.M. Admin. Code § 15.10.53.10

Adopted by New Mexico Register, Volume XXVIII, Issue 08, April 25, 2017, eff. 4/25/2017, Amended by New Mexico Register, Volume XXXII, Issue 18, September 28, 2021, eff. 9/28/2021