N.M. Admin. Code § 15.11.30.8

Current through Register Vol. 35, No. 23, December 10, 2024

Section 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.

N.M. Admin. Code § 15.11.30.8

Adopted by New Mexico Register, Volume XXVIII, Issue 08, April 25, 2017, eff. 4/25/2017