New Mexico Administrative Code

A.After notification of a violation, the requirements of Chapter 8 Section 4 of these rules, a licensee's continued noncompliance with the requirements shall be deemed a separate and additional violation of the act. B. Continuing noncompliance shall also be considered an aggravat…

These rules apply to all licensees under the New Mexico Tobacco Products Act.

Section 61-37-22 NMSA 1978, of the Tobacco Products Act authorizes the director to make and adopt such rules as necessary to carry out the duties of the division.

Permanent.

January 1, 2021, unless a later date is cited at the end of a section.

These regulations are intended to establish standards for the general operation and maintenance of licensed location.

Unless otherwise defined below, terms used in Title 15, Chapter 8 have the same meanings as set forth in the Tobacco Products Act.

A.No person other than the approved operator or employees of the approved operator shall sell tobacco products at a licensed location. B.Only the approved operator shall directly profit from the sale of tobacco products sold pursuant to a license. A person directly profits from t…

At any licensed location open for business, the interior lighting shall be sufficient to make easily discernible to persons of average vision, the appearance and age of all persons purchasing tobacco products.

New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

A.It is a violation of the act for a licensee or their employee to knowingly, intentionally, or negligently sell, offer to sell, barter, or give a tobacco product to a person under 21 years of age. B.Use of third-party age verification service may be evidence of mitigating factor…

It is a violation of the act for a retailer or an employee of a retailer to knowingly, intentionally, or negligently fail to verify the age of before selling, or providing, tobacco products to the consumer.

It is a violation of the act for licensee to allow persons under the age of 21 into age controlled locations where tobacco products vending machines and the sales and display of cigars are present.

It is a violation of the act for a licensee to sell, offer to sell, or deliver a tobacco product in a form other than original manufacturer-sealed package, except for individually sold cigars or loose leaf pipe tobacco.

A.It is a violation of the act for a licensee to sell, offer to sell, or deliver nicotine liquid unless such liquid is in child-resistant packaging. B.For the purpose of Section A, nicotine liquid does not include nicotine liquid in a cartridge that is pre-filled and sealed by th…

It is a violation of the act for a manufacturer to produce and a distributor or retailer to sell, or provide, tobacco products that are knowingly attractive to minors.

A.It is violation of the act to provide free samples of tobacco products without the written approval of the director. B.Subsection A shall not apply to an individual who provides free samples of tobacco products, e-cigarettes, or nicotine liquid containers in connection with the…

These rules apply to all licensees and applicants for licensure under the New Mexico Tobacco Products Act.

Section 61-37-22 NMSA 1978, of the Tobacco Products Act authorizes the director to make and adopt such rules as necessary to carry out the duties of the division.

Permanent.

January 1, 2021, unless a later date is cited at the end of a section.

This rule is intended to establish conduct prohibited by the Act.

Unless otherwise defined below, terms used in Title 15, Chapter 8 have the same meanings as set forth in the Tobacco Products Act.

A.Unlicensed sale of tobacco products by person occurs when a person manufactures, distributes, or sells tobacco products without first obtaining a manufacturer, distributor, or retailer license issued by the division. B.The unlicensed sale of tobacco products may be subject to c…

A.The unlicensed sale of tobacco products by a licensee occurs when: (1)A person holding a license issued pursuant to the act then manufactures, distributes, or sells tobacco products at a location that is not a licensed location; (2)A licensee who has experienced a change in own…

New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

A.Generally, after a first violation, at a location, imposition of a $1,000 fine; B.Generally, after a second violation, at a location within three years of the first such violation, imposition of one-day suspension and $2,000 fine; C.Generally, after a third violation, at a loca…

A.Generally, after a first violation, at a location, imposition of a $100 fine; B.Generally, after a second violation, at a location within three years of the first such violation, imposition of a $200 fine; C.Generally, after a third violation, at a location within three years o…

The division is authorized to compromise the penalty for any violations of the act or of any division regulation or order when it is deemed in the best interest of the state.

Any penalty set forth in these rules may be enhanced if the facts and circumstances warrant enhancement of the penalties, up to the maximum allowed by the act.

These rules apply to all licensees and applicants for licensure under the New Mexico Tobacco Products Act.

Section 61-37-22 NMSA 1978, of the Tobacco Products Act authorizes the director to make and adopt such rules as necessary to carry out the duties of the division.

Permanent.

January 1, 2021, unless a later date is cited at the end of a section.

This rule is intended to establish violations of the Act and the fines and penalties for such violations.

Unless otherwise defined below, terms used in Title 15, Chapter 8 have the same meanings as set forth in the Tobacco Products Act.

The division, when it finds that the licensee, an employee of the licensee, or a contractor acting on behalf of the licensee has violated a provision of the act or these rules, may: A.Suspend or revoke a license of a licensee; B.Require the use of identification verification soft…

A.Generally, after a first violation, at a location, imposition of an one-day suspension and $1,000 fine; B.Generally, after a second violation, at a location within three years of the first such violation, imposition of a seven-day suspension and $4,000 fine; C.Generally, after …

New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

A.If a violation of the act is not resolved through informal conference, a formal charge document shall be filed in the division. Charges filed in the division against a licensee will state the nature of the grounds relied upon for the filing, the approximate date of the alleged …

These rules apply to all licensees and applicants for licensure under the New Mexico Tobacco Products Act.

Section 61-37-22 NMSA 1978, of the Tobacco Products Act authorizes the director to make and adopt such rules as necessary to carry out the duties of the division.

Permanent.

January 1, 2021, unless a later date is cited at the end of a section.

This rule is intended to establish the hearing procedures for the suspension or revocation of a license and the imposition of administrative penalties.

Unless otherwise defined below, terms used in Title 15, Chapter 8 have the same meanings as set forth in the Tobacco Products Act.

A.The division, the department of public safety, and the appropriate law enforcement authorities in each county and municipality may investigate any allegation of a violation and inspect licensed locations for compliance with the act and the rules promulgated thereof, and license…

A.Whenever probable cause exists that a licensee has violated a provision of the act or these rules, a citation may be issued to the licensee for such a violation. An informal conference may be held with the licensee to determine whether a compromise of the penalty for the violat…

New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

A.Designation of resident agent during initial application for license: $0; B.Designation of resident agent during any time other than initial application: $50.