45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO ALCOHOLIC BEVERAGES; ESTABLISHING A MINIMUM PERCENT MARKUP FOR RETAIL PACKAGE SALES; PROVIDING PENALTIES; ENACTING A NEW SECTION OF THE LIQUOR CONTROL ACT.

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

Section 1. A new section of the Liquor Control Act is enacted to read:

"[NEW MATERIAL] RETAIL PACKAGE SALES--MINIMUM PERCENT MARKUP REQUIRED.--

A. A licensee shall not sell alcoholic beverages in unbroken packages at retail for less than twenty percent above the wholesale price listed for the alcoholic beverage in the calendar month preceding the month of sale in the nationally circulated alcoholic beverage industry publication Beverage Analyst or a successor publication.

B. A retailer shall retain purchase and sales records of all alcoholic beverages sold in unbroken packages for two years following the sale of the alcoholic beverages. Information adequate to identify the contents, brand, lot and the purchase and sale prices of the alcoholic beverages shall be clearly set forth in the records.

C. A wholesaler shall retain sales records for two years following delivery of the alcoholic beverages for retail sale. Information adequate to identify the contents, brand, lot and the purchase and sale prices of the alcoholic beverages shall be clearly set forth in the records.

D. The department may audit the records of a retailer or wholesaler upon twenty-four hours' notice during any work day.

E. A licensee who violates the provisions of Subsection A of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.