1. A. The unlicensed sale of tobacco products by a licensee occurs when:

   1. (1) A person holding a license issued pursuant to the act then manufactures, distributes, or sells tobacco products at a location that is not a licensed location;
   2. (2) A licensee who has experienced a change in ownership, without submitting an application for a new license continues to manufacture, distribute, or sell tobacco products; or
   3. (3) A licensee who has manufactured, distributed, or sold tobacco products after letting their license expire.

2. B. Unlicensed sale of tobacco products includes:

   1. (1) A manufacturer licensee distributing tobacco products without being issued a distributor license or selling tobacco products to consumers without being issued a retailer license;
   2. (2) A distributor licensee manufacturing tobacco products without being issued a manufacturer license or selling tobacco products to consumers without being issued a retailer license; and
   3. (3) A retailer licensee manufacturing tobacco products without being issued a manufacturer license or distributing tobacco products to retailers for resale without being issued a distributor license.

[15.8.5.9 NMAC – N, 1/1/2021]