Section 57-10-1 – Short title.
This act [57-10-1 to 57-10-12 NMSA 1978] may be cited as the “Distress Sales Act”. History: 1953 Comp., § 49-14-1, enacted by Laws 1967, ch. 205, § 1.
Section 57-10-10 – Applicability of Distress Sales Act.
A. The Distress Sales Act shall not apply to any sale conducted by a public officer as a part of his official duties, to any sale for which an accounting must be made to a court of law or to any sale conducted pursuant to an order of a court of law. B. The Distress […]
Section 57-10-11 – Penalty.
Any person violating any provision of the Distress Sales Act shall upon conviction be punished by a fine not to exceed three hundred dollars ($300) or by imprisonment not to exceed ninety days or both. History: 1953 Comp., § 49-14-11, enacted by Laws 1967, ch. 205, § 11.
Section 57-10-12 – Distribution of fees.
The license fees collected under the Distress Sales Act, shall be deposited in the general fund of the county, city, town or village which has issued the license for the distress sale. History: 1953 Comp., § 49-14-12, enacted by Laws 1967, ch. 205, § 14.
Section 57-10-2 – Definitions.
As used in the Distress Sales Act: A. “distress merchandise sale” shall mean any offer to sell to the public, or sale to the public, of goods, wares or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the […]
Section 57-10-3 – Licenses.
It shall be unlawful for any person to advertise or conduct a distress merchandise sale without having first obtained a license to do so in accordance with the provisions of the Distress Sales Act. History: 1953 Comp., § 49-14-3, enacted by Laws 1967, ch. 205, § 3.
Section 57-10-4 – Application for license.
Any person desiring to conduct a distress merchandise sale shall make a written application verified under oath to the municipal governing body if the sale is to be held within the boundaries of an incorporated municipality or to the county governing body if the sale is to be held outside the boundaries of an incorporated […]
Section 57-10-5 – Examination and investigation; grounds for denial of license.
The municipal or county governing body may upon the filing of an application investigate the applicant and examine his affairs in relation to the proposed sale and may examine the inventory and records of the applicant. No license shall be issued if it is found that: A. the applicant has held a sale subject to […]
Section 57-10-6 – Issuance of license; conditions.
If the application which has been submitted complies with the provisions of the Distress Sales Act and if the required license fee has been paid, the municipal or county governing body shall issue the applicant a license to advertise and conduct the sale described in the application subject to the following conditions: A. the sale […]
Section 57-10-7 – License fee; renewal.
A. The fee for any license issued pursuant to the Distress Sales Act shall be fifty dollars ($50.00) or 1/4 of 1% of the inventory cost value of the goods, wares or merchandise to be sold at the sale, whichever is more. In no case, however, shall the license fee exceed two hundred dollars ($200). […]
Section 57-10-8 – Revocation of license.
The municipal or county governing body shall revoke any license issued pursuant to the Distress Sales Act if he finds that the license has: A. violated any provision of the Distress Sales Act; or B. violated any condition of the license; or C. made any material misstatement in the application for the license; or D. […]
Section 57-10-9 – Confidentiality requirements.
The filing of an application for a license, the contents of the application and the issuance of the license shall be confidential information and no disclosure thereof shall be made except that which is necessary in the administration of this act [57-10-1 to 57-10-12 NMSA 1978]. However, disclosure of the above-mentioned information may be made […]