A. Except as provided in Subsection B of this section, it is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a wholesaler, directly or indirectly or through an affiliate, to own, either in whole or in part, a business operated under a retailer's or dispenser's license.
B. This section shall not prevent a wholesaler from owning a dispenser's license directly or indirectly or through an affiliate and operating a business itself or through an affiliate or a lessee under a dispenser's license if:
(1) the wholesaler directly or indirectly operates or controls an interest in an establishment or complex maintaining a minimum of one hundred sleeping rooms and having a resident of New Mexico as a proprietor or manager and where, in consideration of payment, meals and lodging are regularly furnished to the general public; and
(2) the sale of alcoholic beverages under the dispenser's license is restricted to their consumption on the licensed premises.
History: Laws 1981, ch. 39, § 74; 1991, ch. 5, § 1.
The 1991 amendment, effective June 14, 1991, designated the former section as Subsection A, adding the exception at the beginning thereof, and added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 121.
48 C.J.S. Intoxicating Liquors § 197.
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