HOUSE BILL 272

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Patricio Ruiloba and Javier Martínez and Jim R. Trujillo

 

 

 

 

 

AN ACT

RELATING TO LIQUOR CONTROL; SPECIFYING UNLAWFUL INDUCEMENTS FOR CERTAIN LICENSEES. 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Liquor Control Act, Section 60-8A-1.1 NMSA 1978, is enacted to read:

     "60-8A-1.1. [NEW MATERIAL] UNLAWFUL INDUCEMENTS.--

          A. No retailer licensee, restaurant licensee, club licensee, governmental licensee or any class or kind of dispenser-type licensee shall directly or indirectly, or through an affiliate, ask for or receive anything of value over three hundred dollars ($300) from an importer, manufacturer, nonresident licensee or any kind or class of wholesaler.

          B. It shall be a violation of the Liquor Control Act for a retailer licensee, restaurant licensee, club licensee, governmental licensee or any class or kind of dispenser-type licensee to directly or indirectly, or through an affiliate, receive or accept anything of value over three hundred dollars ($300).

          C. Nothing in this section shall prevent a retailer licensee, restaurant licensee, club licensee, governmental licensee or any class or kind of dispenser-type licensee, or an affiliate, from negotiating the lease of equipment, including keg-lines and coolers, from an importer, manufacturer, nonresident licensee or any kind or class of wholesaler; provided that:

                (1) the equipment or fixtures are negotiated at fair market value as determined by the alcoholic beverage control division of the regulation and licensing department; and

                (2) the ability to lease equipment is provided to all other retailer licensees, restaurant licensees, club licensees, governmental licensees or any class or kind of dispenser-type licensees with the same terms.

          D. As used in this section, "dispenser-type licensee" means dispenser licensee, inter-local dispenser licensee, lottery dispenser licensee, canopy dispenser licensee, rural retailer dispensing licensee or rural dispenser licensee."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.

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