New Mexico Statutes 7-12-9.1. Licensing; general licensing provisions
A. A person shall not engage in the manufacture or distribution of cigarettes in New Mexico without a license issued by the department.
Terms Used In New Mexico Statutes 7-12-9.1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
B. The department shall issue or renew a license for a term not to exceed one year. C. The department may charge a license fee of up to one hundred dollars ($100) for
each manufacturer’s or distributor’s license issued or renewed.
D. An application for a license or renewal of a license shall be submitted on a form determined by the department and shall include:
(1) the name and address of the applicant and:
(a) if the applicant is a firm, partnership or association, the name and address of each of its members; or
officers;
(b) if the applicant is a corporation, the name and address of each of its (2) the address of the applicant’s principal place of business and every location where the applicant’s business is conducted; and
(3) any other information the department may require.
E. The department may issue a distributor’s license and a manufacturer’s license to the same person.
F. Persons licensed as manufacturers or distributors may sell stamped cigarettes at retail.
G. A license may not be granted, maintained or renewed if one or more of the following conditions applies to an applicant:
(1) the applicant is a delinquent taxpayer pursuant to Section 7-1-16 N.M. Stat. Ann. only with respect to the cigarette tax or the gross receipts tax or has unfiled tax returns due with respect to the cigarette tax or the gross receipts tax;
(2) the applicant has had a manufacturer’s or distributor’s license revoked by the department or any other state within the past two years;
(3) the applicant is convicted of a crime related to contraband cigarettes, stolen cigarettes or counterfeit stamps;
(4) the applicant is a manufacturer but not a participating manufacturer as defined in Section II(jj) of the master settlement agreement and the applicant is not in compliance with the provisions of Section 6-4-13 N.M. Stat. Ann. or the Tobacco Escrow Fund Act N.M. Stat. Ann. § 6-4-14 through 6-4-24; or
(5) the applicant is a manufacturer and imports cigarettes into the United States that are in violation of 19 U.S.C. § 1681a or manufactures cigarettes that do not comply with the Federal Cigarette Labeling and Advertising Act.
H. In addition to a civil or criminal penalty provided by law, upon a finding that a licensee has violated a provision of the Cigarette Tax Act or the Tobacco Escrow Fund Act or a rule adopted pursuant to either act, the department may revoke or suspend the license or licenses of the licensee.
I. As used in this section, “applicant” includes a person or persons owning, directly or indirectly, in the aggregate, more than ten percent of the ownership interest in the business holding or applying for a license pursuant to the Cigarette Tax Act.