TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 11 ALCOHOLIC BEVERAGES LICENSING
PART 30 PURCHASING COOPERATIVES
15.11.30.1 ISSUING AGENCY: The New Mexico
Regulation and Licensing Department, Alcoholic Beverage Control Division.
[15.11.30.1 NMAC - N, 4/25/2017;
A, 9/28/2021]
15.11.30.2 SCOPE: These rules apply
to all retailers, and to dispensers authorized to sell alcoholic beverages in
unbroken packages, under the act.
[15.11.30.2 NMAC - N, 4/25/2017]
15.11.30.3 STATUTORY AUTHORITY: Section 60-3A-10
NMSA 1978 of the act authorizes the director to make and adopt such rules as
necessary to carry out the duties of the division.
[15.11.30.3 NMAC - N, 4/25/2017]
15.11.30.4 DURATION: Permanent.
[15.11.30.4 NMAC - N, 4/25/2017]
15.11.30.5 EFFECTIVE DATE: April 25, 2017
unless a later date is cited at the end of a section.
[15.11.30.5 NMAC - N, 4/25/2017]
15.11.30.6 OBJECTIVE: These rules are
intended to regulate purchasing cooperatives authorized pursuant to the act.
[15.11.30.6 NMAC - N, 4/25/2017]
15.11.30.7 DEFINITIONS: Unless
otherwise defined in 15.10.2 NMAC, terms in this part has the same meaning as
set forth in the act.
[15.11.30.7 NMAC - N, 4/25/2017]
15.11.30.8 COOPERATIVE
AGREEMENT REGISTRATION REQUIREMENTS:
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.
[15.11.30.8 NMAC - N, 4/25/2017]
15.11.30.9 CORPORATE ENTITIES PERMITTED: The members of a purchasing cooperative may
organize and conduct business personally or through any corporate structure
allowable under state law.
[15.11.30.9 NMAC - N, 4/25/2017]
15.12.30.10 DIVISION RECORDS: The division shall maintain, through its
website, a list of the names of all cooperatives that have complied with the
requirements of this part. A copy of the
cooperative agreement for each listed cooperative shall be available from the division
upon request. Each cooperative may, at
its discretion, submit an updated schedule of its members, but shall submit an
updated copy of its cooperative agreement in the event of any material change
to the agreement.
[15.11.30.10 NMAC - N, 4/25/2017]
HISTORY
OF 15.11.30 NMAC: [RESERVED]