New Mexico Administrative Code
Title 15 - GAMBLING AND LIQUOR CONTROL
Chapter 11 - ALCOHOLIC BEVERAGES LICENSING
Part 30 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS
Section 15.11.30.8 - COOPERATIVE AGREEMENT REGISTRATION REQUIREMENTS

Universal Citation: 15 NM Admin Code 15.11.30.8

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

A. Any number of retailers, or dispensers licensed to sell alcoholic beverages by package, may pool their purchases of alcoholic beverages from a wholesaler, and may also collectively advertise the purchase of alcoholic beverages, provided such cooperative purchases and advertising are pursuant to a written and fully executed cooperative agreement filed with the division.

B. The cooperative agreement to be filed with the division shall include the following:

(1) a list of all members of the cooperative attached as a schedule to the agreement, identifying the license number for each member, to be updated in accordance with 15.11.30.10 NMAC;

(2) separate invoicing of all purchases made by each member pursuant to the agreement and pursuant to Section 60-8A-3 NMSA 1978 of the act;

(3) separate delivery of all purchases to each member's licensed premises pursuant to the agreement;

(4) if the agreement provides for the employment of any employees by the cooperative, such employee may not have a financial interest in, or receive financial compensation from, any individual member;

(5) a provision that, with a minimum of notice of 30 days, the cooperative may cancel the membership of any member;

(6) no prohibition against any member joining any other trade organization or entity, except, at the option of the cooperative, a prohibition against joining other purchasing cooperatives authorized by the act;

(7) a provision that any member may withdraw from the cooperative with a minimum of 30-day notice without penalty for such withdrawal;

(8) no prohibition on any member from selling any product at an otherwise lawful price; and

(9) a provision that any advertising purchased by the cooperative shall either identify all members equally in the advertisement, or identify the name of the cooperative only.

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