Current through Register Vol. 35, No. 18, September 24, 2024
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.
