Chapter 57, Chapter 57

The purpose of the Motion Picture Fair Competition Act is to establish fair and open procedures for the bidding and negotiation of motion pictures within New Mexico in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of …

As used in the Motion Picture Fair Competition Act: A. "theater" means any establishment in which motion pictures are regularly exhibited to the public for a charge; B. "distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibito…

A. Blind bidding shall not be required of exhibitions in New Mexico. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place and no license agreement or any of its terms shall be agreed to for the exhibition of any motion …

If bids are solicited from exhibitors for the licensing of a motion picture within New Mexico, then: A. the invitation to bid shall specify: (1) the number and length of runs for which the bid is being solicited, whether it is a first, second or subsequent run and the geographic …

Hotelkeepers shall be liable to their guests for loss of property brought by such guests into the hotel when such loss is caused by the theft or negligence of a hotelkeeper or his servants, not to exceed the sum of one thousand dollars [($1,000)]; provided, however, that any hote…

That all persons, firms or corporations engaged in the business of purchasing or selling secondhand or castoff material of any kind, which is commonly known and is hereinafter designated and referred to as "junk" - such as old iron, copper, brass, lead, zinc, tin, steel and other…

Every junk dealer shall keep a book in which shall be written in ink at the time of their purchase a full and accurate description of each and every article purchased, together with the full name, residence and general description of the person or persons selling the same, and sa…

articles.] If any material, goods, articles or thing whatsoever shall be advertised as having been lost or stolen, and the same, or any material, goods, articles or things answering to the description advertised, or any part or portion thereof, shall then be in, or subsequently c…

When any person, firm or corporation is found to be the owner of lost or stolen property, which has been purchased by, or is in the possession of any junk dealer, the said property shall be returned to the owner thereof by said junk dealer without the payment of any money by the …

At the time of purchase by any junk dealer of any pig or pigs of metal, copper wire or brass car jurnals [journals] or of any junk said junk dealer shall cause to be subscribed by the person or persons vending the same a statement as to when, where and from whom the vendor or ven…

Any junk dealer who shall be found guilty of a violation of any of the provisions of this act [57-7-1 to 57-7-7 NMSA 1978], shall be guilty of a misdemeanor, and shall be fined or [and] imprisoned, either or both, in the discretion of the court, provided, however, that for the fi…

Any vendor who in making his statement as contemplated by this act [57-7-1 to 57- 7-7 NMSA 1978] or in making any other written statement relative to junk which he either has sold or is trying to sell shall be guilty of a misdemeanor and upon conviction thereof shall be punished …

As used in this act [57-8-1 to 57-8-6 NMSA 1978]: A. the term "trading stamp" means any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount or for any other marketing purpose, which entitles the rightful holder, on its d…

No trading stamp company shall commit any fraud or shall make any false representation or shall resort to any lottery in distributing or redeeming trading stamps in this state. History: 1953 Comp., § 49-9-2, enacted by Laws 1959, ch. 79, § 2.

No trading stamp company shall distribute trading stamps in this state or shall redeem trading stamps hereafter issued therein unless: A. each stamp has legibly printed upon its face in cents or any fraction thereof a cash value determined by the company; and B. the rightful hold…

holders; filing of claims; determination of validity; distribution of proceeds; amount of bond; new bond; registration fee.] No trading stamp company shall distribute trading stamps in this state or shall redeem trading stamps hereafter issued therein until it has filed with the …

No trading stamp company shall cease or suspend the redemption of trading stamps in this state without filing with the secretary of state at least ninety days' prior written notice of its intention so to do and concurrently mailing a copy of such notice to each retailer within th…

Any person violating any provision of this act [57-8-1 to 57-8-6 NMSA 1978] shall be punished by a fine of not more than five thousand dollars ($5,000), and the district court shall have jurisdiction in equity on the complaint of the secretary of state, the attorney general or an…

This act [57-9-1 to 57-9-3, 57-9-4, 57-9-5 NMSA 1978] may be cited as the "Used Merchandise Act". History: 1953 Comp., § 49-13-1, enacted by Laws 1967, ch. 155, § 1.

As used in the Used Merchandise Act: A. "store" means any pawnshop, second hand store, junkshop, automobile salvage or wreckage establishment or any place of operation for dealing in or purchasing gold, silver or platinum, but does not include any shop or establishment insofar as…

It is unlawful for the owner of any store, or the manager or employee thereof, to purchase or to loan money secured by any used merchandise, article or thing without first requiring identification from the seller or borrower and recording the name of the seller or borrower, his a…

All devices used to weigh precious metals by an owner of a store shall have been inspected and approved for use by a weights and measures officer of this state within a period of twelve months immediately preceding the date of the weighing. History: 1978 Comp., § 57-9-3.1, enacte…

An owner of a store shall: A. keep a record in which he shall note the time of each transaction, a description of the goods purchased, the name and address of the person selling the goods and the date and hour the goods were received; and B. retain all gold, silver and platinum i…

The owner of a store shall issue a serialized receipt for each purchase or statement of appraisal of gold, silver or platinum which shall contain the following: A. the legal name and address of the store or appraiser; B. the name and address of the seller; C. the date of the tran…

The record as provided in Section 3 [57-9-3 NMSA 1978] of the Used Merchandise Act shall be open to inspection of law enforcement officers of the county, municipality and state at all times. History: 1953 Comp., § 49-13-4, enacted by Laws 1967, ch. 155, § 4.

A. The first violation of the Used Merchandise Act is a misdemeanor. B. Second and all subsequent violations of the Used Merchandise Act which occur after the date of conviction for the first offense are fourth degree felonies. History: 1953 Comp., § 49-13-5, enacted by Laws 1967…

This act [57-9A-1 to 57-9A-6 NMSA 1978] may be cited as the "Unused Merchandise Ownership Protection Act". History: Laws 1999, ch. 247, § 1.

As used in the Unused Merchandise Ownership Protection Act: A. "open market" may include a "swap meet", an "indoor swap meet" or a "flea market" and means an event at which two or more persons offer personal property for sale or exchange and either: (1) a fee is charged for those…

A. It is a violation of the Unused Merchandise Ownership Protection Act for a vendor of unused merchandise to sell or offer for sale any baby food or infant formula, cosmetic, drug or medical device at an open market without displaying a written valid authorization from the manuf…

A. A vendor of unused merchandise shall maintain receipts for the vendor's purchase of any unused merchandise sold or offered for sale by the vendor at an open market. The receipts shall be kept at the open market in which the unused merchandise is offered for sale and at the ven…

A. The following persons are exempt from the provisions of the Unused Merchandise Ownership Protection Act: (1) a vendor at an event organized or operated for religious, educational, charitable or other nonprofit purposes if no part of any admission fee or parking fee charged ven…

A person who violates any provision of the Unused Merchandise Ownership Protection Act is guilty of a misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978. History: Laws 1999, ch. 247, § 6.

This act [57-10-1 to 57-10-12 NMSA 1978] may be cited as the "Distress Sales Act". History: 1953 Comp., § 49-14-1, enacted by Laws 1967, ch. 205, § 1.

A. The Distress Sales Act shall not apply to any sale conducted by a public officer as a part of his official duties, to any sale for which an accounting must be made to a court of law or to any sale conducted pursuant to an order of a court of law. B. The Distress Sales Act does…

Any person violating any provision of the Distress Sales Act shall upon conviction be punished by a fine not to exceed three hundred dollars ($300) or by imprisonment not to exceed ninety days or both. History: 1953 Comp., § 49-14-11, enacted by Laws 1967, ch. 205, § 11.

The license fees collected under the Distress Sales Act, shall be deposited in the general fund of the county, city, town or village which has issued the license for the distress sale. History: 1953 Comp., § 49-14-12, enacted by Laws 1967, ch. 205, § 14.

As used in the Distress Sales Act: A. "distress merchandise sale" shall mean any offer to sell to the public, or sale to the public, of goods, wares or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its pr…

It shall be unlawful for any person to advertise or conduct a distress merchandise sale without having first obtained a license to do so in accordance with the provisions of the Distress Sales Act. History: 1953 Comp., § 49-14-3, enacted by Laws 1967, ch. 205, § 3.

Any person desiring to conduct a distress merchandise sale shall make a written application verified under oath to the municipal governing body if the sale is to be held within the boundaries of an incorporated municipality or to the county governing body if the sale is to be hel…

license. The municipal or county governing body may upon the filing of an application investigate the applicant and examine his affairs in relation to the proposed sale and may examine the inventory and records of the applicant. No license shall be issued if it is found that: A. …

If the application which has been submitted complies with the provisions of the Distress Sales Act and if the required license fee has been paid, the municipal or county governing body shall issue the applicant a license to advertise and conduct the sale described in the applicat…

A. The fee for any license issued pursuant to the Distress Sales Act shall be fifty dollars ($50.00) or 1/4 of 1% of the inventory cost value of the goods, wares or merchandise to be sold at the sale, whichever is more. In no case, however, shall the license fee exceed two hundre…

The municipal or county governing body shall revoke any license issued pursuant to the Distress Sales Act if he finds that the license has: A. violated any provision of the Distress Sales Act; or B. violated any condition of the license; or C. made any material misstatement in th…

The filing of an application for a license, the contents of the application and the issuance of the license shall be confidential information and no disclosure thereof shall be made except that which is necessary in the administration of this act [57-10-1 to 57- 10-12 NMSA 1978].…

persons prohibited.] It shall be unlawful for any person who is engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, to sell or enter into a contract to sell motor vehicles, whether patented or unpatented, to any person who is engaged or i…

Any contract or agreement in violation of the provisions of this act [57-11-1 to 57-11- 13 NMSA 1978] shall be absolutely void and shall not be enforceable either in law or equity. History: Laws 1937, ch. 75, § 10; 1941 Comp., § 68-1610; 1953 Comp., § 64-31-10.

The provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state. History: Laws 1937, ch. 75, § 11; 1941 Comp., § 68-1611; 1953 Comp., § 64-31-11.

In addition to the criminal and civil penalties herein provided, any person who is injured in his business or property by any other person or corporation or association or partnership, by reason of anything forbidden or declared to be unlawful by this act [57- 11-1 to 57-11-13 NM…

A. The term "person," as used in this act [57-11-1 to 57-11-13 NMSA 1978], means any individual, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors. B. The terms "sell," "sold," "buy" and "purchase," as used in this act, includ…

persons; prima facie evidence of violation.] Any threat, expressed or implied, made directly or indirectly to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly, in the manufacture or distribut…