HOUSE BILL 56

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Carl Trujillo

AN ACT

RELATING TO ALCOHOLIC BEVERAGES; PROHIBITING THE RETAIL PACKAGE SALE OF SPIRITUOUS LIQUORS AND WINE AT BELOW COST.

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

     SECTION 1. Section 60-7A-11 NMSA 1978 (being Laws 1981, Chapter 39, Section 77, as amended) is amended to read:

     "60-7A-11. OFFENSES BY RETAILERS.--It is a violation of the Liquor Control Act for [any] a retailer to:

          A. allow or permit [any] alcoholic beverages to be consumed on [his] the retailer's licensed premises;

          B. maintain or keep in close proximity to the licensed premises [any] a place for the consumption of alcoholic beverages purchased from [him] the retailer;

          C. sell [any] alcoholic beverages at [any] a place other than [his] the retailer's licensed premises;

          D. sell or possess for the purpose of sale or to have, possess or keep on [his] the retailer's licensed premises alcoholic beverages not contained in the unopened, original package;

          E. buy or receive [any] alcoholic beverages from [any] a person other than a duly licensed New Mexico wholesaler or wine wholesaler for the purpose of or with the intent of reselling the alcoholic beverages; [or]

          F. sell spirituous liquors or wine for less than the price paid to a wholesaler or wine wholesaler for the same spirituous liquors or wine; or

          [F.] G. directly, indirectly or through [any] a subterfuge own, operate or control [any] an interest in [any] a wholesale liquor establishment or liquor manufacturing or wine bottling firm; provided that this subsection shall not prevent a retailer from owning stock in [any] a corporation [which] that wholesales, manufactures or bottles alcoholic beverages when [he] the retailer owns the stock for investment purposes only."

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