TITLE 15 GAMBLING AND LIQUOR CONTROL

CHAPTER 8 TOBACCO PRODUCTS

PART 4 GENERAL OPERATIONS REQUIREMENTS

15.8.4.1 ISSUING AGENCY: New Mexico Regulation and Licensing Department, Alcoholic Beverage Control Division.

[15.8.4.1 NMAC – N, 1/1/2021]

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

[15.8.4.2 NMAC – N, 1/1/2021]

15.8.4.3 STATUTORY AUTHORITY: 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.

[15.8.4.3 NMAC – N, 1/1/2021]

15.8.4.4 DURATION: Permanent.

[15.8.4.4 NMAC – N, 1/1/2021]

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

[15.8.4.5 NMAC – N, 1/1/2021]

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

[15.8.4.6 NMAC – N, 1/1/2021]

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

[15.8.4.7 NMAC – N, 1/1/2021]

15.8.4.8 OPERATION AND PROFITING BY AUTHORIZED PERSONS:

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 the sale of tobacco products in violation of this rule when any person other than the approved operator receives any portion of the profits earned, or receipts, form the sale of tobacco products, except:

(1) payment of rent based in whole or in part on the licensee’s gross sales;

(2) payment of employees;

(3) revenues received by an affiliate of the licensee from the sale of products other than tobacco products;

C. It is a violation of the act for any licensee to divide, split, or in any way share the right to sell tobacco products with any person not named as a licensee on the license.

[15.8.4.8 NMAC – N, 1/1/2021]

15.8.4.9 LIGHTING OF LICENSED LOCATION: 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.

[15.8.4.9 NMAC – N, 1/1/2021]

15.8.4.10 SANITATION REQUIREMENTS: All licensees shall comply with all applicable sanitation requirements prescribed by the state of New Mexico and local sanitation ordinances, including but not limited to public health orders issued by New Mexico department of health.

[15.8.4.10 NMAC – N, 1/1/2021]

15.8.4.11 DISPLAY OF LICENSE: The current tobacco products license, or licenses, shall be prominently displayed within the licensed location so that it is in full public view at all times. A copy or scanned image or facsimile of the license may be displayed only for 30 days or until the original license is received by the licensee, whichever occurs first, provided the copy or scanned image or facsimile is of the original, current, and duly issued license.

[15.8.4.11 NMAC – N, 1/1/2021]

15.8.4.12 POSTERS:

A. Licensees that sell tobacco products directly to the public shall display a printed sign or decal, in full public view within the licensed location at a point of sale and where a tobacco product vending machine is located, that reads “IT IS ILLEGAL FOR A PERSON UNDER 21 YEARS OF AGE TO PURCHASE TOBACCO PRODUCTS.”

B. The sign or decal shall be of a size prescribed by the director, except that the licensee may make the sign or decal larger than what is prescribed. The division will provided access to an electronic copy to be printed and displayed by licensee.

C. Licensees may, with the director’s prior approval, develop and use printed signs or decals that contain the same information required in this section. Any such sign or decal shall be valid only if bearing the director’s stamp of approval.

[15.8.4.12 NMAC – N, 1/1/2021]

15.8.4.13 NONCOMPLIANCE WITH REQUIREMENTS: Noncompliance with the requirements of Chapter 8 Part 4 of these rules shall be deemed a violation of the Act.

[15.8.4.13 NMAC – N, 1/1/2021]

15.8.4.14 CONTINUING NONCOMPLIANCE:

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 aggravating factor for penalty enhancement purposes.

[15.8.4.14 NMAC – N, 1/1/2021]

History of 15.8.4 NMAC: [RESERVED]