Division; license issuance; manufacture, distribution or sale of tobacco products. (Effective January 1, 2021.)

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A. Except as provided in Subsection C of this section, the division shall issue licenses for the manufacture, distribution or sale of tobacco products in New Mexico to applicants who meet the requirements of the Tobacco Products Act.

B. The division shall issue or renew a license for the:

(1) manufacture of tobacco products for a term of one year;

(2) distribution of tobacco products for a term of one year; and

(3) retail sale of tobacco products for a term of one year.

C. A license shall not be issued, retained, transferred or renewed pursuant to the Tobacco Products Act if any of the following conditions apply:

(1) the applicant has had a manufacturer, distributor or retailer license revoked by the division or by another state;

(2) the applicant is not in compliance with Subsection G of Section 7-12-9.1 NMSA 1978;

(3) the location for the license or license transfer is within three hundred feet of a school; provided that this restriction does not apply to a location at which tobacco products have been lawfully manufactured, distributed or sold prior to July 1, 2020; or

(4) the location for the license would result in a violation of a zoning or other ordinance of a governing body in which the proposed location would exist.

History: Laws 2020, ch. 46, § 4.

ANNOTATIONS

Effective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 4 effective January 1, 2021.


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