Section 61-37-22 – Authority of the division.
A. The division has the authority over all matters relating to the issuance, denial, suspension, revocation and other administrative penalties or transfer of licenses under the Tobacco Products Act. The director may request the department of public safety to provide investigatory and enforcement support as deemed necessary. B. The director has rulemaking authority pursuant to […]
Section 61-37-23 – Administrative authority and powers.
A. For the purpose of administering the licensing provisions of the Tobacco Products Act, the director is authorized to examine and to require the production of any pertinent records, books, information or evidence, to require the presence of any person and to require that person to testify under oath concerning the subject matter of the […]
Section 61-37-24 – Preemption.
When a municipality or county, including a home rule municipality or an urban county, adopts an ordinance, charter amendment or regulation pertaining to the sales of tobacco products, the ordinance, charter amendment or regulation shall be consistent with the provisions of the Tobacco Products Act. History: Laws 2020, ch. 46, § 24. ANNOTATIONS Effective dates. […]
Section 61-37-25 – Applicability.
The provisions of the Tobacco Products Act do not apply to the lawful purchase or use by a minor of a tobacco-cessation product approved by the federal food and drug administration. History: Laws 2020, ch. 46, § 25. ANNOTATIONS Effective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 25 […]
Section 61-37-18 – Criminal penalties; unlicensed activities.
A person who manufactures, distributes or sells tobacco products without a license required pursuant to the Tobacco Products Act is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. Contraband tobacco products seized by the division or by a law enforcement agency as evidence of unlicensed […]
Section 61-37-19 – Manufacturers, distributors and retailers; violations; license suspension or revocation; administrative penalties.
The division may suspend or revoke a license of a licensee, require the use of identification verification software for a designated period of time or impose an administrative penalty against a licensee in an amount not to exceed ten thousand dollars ($10,000), or any combination thereof, if the division finds that the licensee, an employee […]
Section 61-37-20 – Monitored compliance; inspections.
The alcoholic beverage control division of the regulation and licensing department, the department of public safety and the appropriate law enforcement authorities in each county and municipality may conduct random, unannounced inspections of facilities where tobacco products are sold, manufactured or distributed to ensure compliance with the provisions of the Tobacco Products Act. History: Laws […]
Section 61-37-21 – Authority of department of public safety.
A. The department of public safety has authority over all investigations and enforcement activities required under the Tobacco Products Act, except for those provisions relating to the issuance, denial, suspension or revocation and administrative sanctions of licenses unless its assistance is requested by the director. B. Following the issuance of a citation pursuant to the […]
Section 61-37-12 – Fees and administrative penalties retained by the division.
All fees and administrative penalties collected by the division pursuant to the Tobacco Products Act shall be deposited into the tobacco products administration fund. History: Laws 2020, ch. 46, § 12. ANNOTATIONS Effective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 12 effective January 1, 2021.
Section 61-37-13 – Hearing procedure.
If the division suspends or revokes a license or imposes an administrative penalty against a licensee, the licensee shall be entitled to a hearing pursuant to the rules promulgated by the division. The hearing shall be conducted by the director or a hearing officer appointed by the director and shall be held in the county […]