N.M. Code R. § 18.19.4.51 – Established Place of Business - Common Areas or Areas Open to the General Public Not Qualified

A. An established place of business can not be located in common areas, such as at a shopping mall, or in areas open to the general public, such as parking lots for buildings not devoted exclusively to the business of the dealer. Absent clearly convincing evidence to the contrary, such location shall be presumed not to be devoted exclusively to the business for which the dealer is licensed. The burden of proof shall be on the dealer to show that the common area or other area open to the general public is physically restricted to the exclusive use of the dealership. This burden may be met by submitting evidence of physical barriers, such as walls or permanent fences, or other means which preclude all uses of the area other than for those associated with the dealer's business.
B. If the proposed established place of business is located within a portion of a larger structure, such as a shopping mall, which also contains other types of businesses, the established place of business must be within a permanently enclosed area which forms part of the larger structure. While the established place of business may be one of the tenants in the mall, the established place of business can not be located in or on the common areas of the mall. The established place of business must meet all the other requirements of Section 66-1-4.5(B) NMSA 1978.
[7/19/1994, 9/14/1996; 18.19.4.51 NMAC - Rn & A, 18 NMAC 19.4.13.2, 9/14/2000]