Guide
Does Your Venue Need a Tobacco Retailer License?
New Mexico licenses tobacco retail per location, not per company. That one detail decides who has to hold the license for a machine on your wall.
New Mexico's Tobacco Products Act says a person shall not sell tobacco products at any location without first obtaining a retailer license issued to that person or that person's employer for that location (§ 61-37-7(A)). The license attaches to the selling party and the address, so whether a venue needs its own license depends on who is making the sale through the machine. Under a managed arrangement the operator is the seller; under a machine you buy and stock yourself, you are.
What the statute actually says
Section 61-37-7(A) is short and it is the whole question:
A person shall not sell tobacco products at any location in the state without first obtaining a retailer license issued by the division to that person or that person's employer for that location.
Two things follow. The license is tied to the seller, and it is tied to the location. A company with one license cannot cover a second address under it; subsection (B)(2) requires the application to list the principal place of business and every location where the applicant sells tobacco products.
What it costs
| Application fee | Not to exceed $750 per location (§ 61-37-7(B)(3)) |
|---|---|
| Renewal fee | Not to exceed $400 per location (§ 61-37-7(B)(3)) |
| Issued by | The Alcoholic Beverage Control division of the Regulation and Licensing Department |
| Scope | One license per location where tobacco products are sold |
The statute sets ceilings rather than the current fee, so confirm the figure in force with the division before budgeting on it.
What the application asks for
- Name, telephone number, mailing address and email address of the applicant.
- For a partnership or association: every member contributing 10% or more of contributions, or entitled to 10% or more of profits.
- For a corporation: the registered agent, all officers and directors, and any stockholder owning 10% or more of the voting stock.
- The principal place of business, and every location where the applicant sells tobacco products.
- The non-refundable fee.
That disclosure list is worth reading before deciding who applies. A venue that takes on the license is putting its own ownership structure on a state application; an operator that holds it is putting up its own.
So does the venue need one?
It depends on who is selling, which depends on the arrangement:
| Arrangement | Who is the retailer | Who the license question falls on |
|---|---|---|
| Venue buys the machine and stocks it | The venue | The venue, for its address |
| Venue buys the machine, a supplier fills it | Depends on who owns the stock at the point of sale | Needs to be settled in writing before anything is installed |
| Operator owns the machine and the stock | The operator | The operator, for the venue's address, where applicable rules allow |
The middle row is the one that catches people. “Someone else fills it” is not the same as “someone else is the retailer,” and the answer decides who carries the licensing and the verification duty in § 61-37-14.
How Afterwrk handles it
Afterwrk owns the machine and the stock, so Afterwrk is the seller. Where applicable rules allow, Afterwrk handles the operator-side licensing for the placement and the venue supplies written permission to operate at the address. We confirm the position for a specific address before proposing anything, because the license is per location and so is the answer. How placement works →
Last reviewed . A person rechecks the sources before this date changes.
Common questions
Is the license per business or per location?
Per location. Section 61-37-7(A) requires a license for the location, and (B)(2) requires the application to list every location where the applicant sells tobacco products.
Can a venue host a machine without holding a tobacco license itself?
Where the operator is the seller and holds the licensing for the placement, yes — that is the point of a managed arrangement. Whether it is available at a given address is a question to settle before installation, not after.
What happens if nobody holds one?
Selling tobacco products without a required license is a misdemeanor under § 61-37-18, and seized product is handled under the Forfeiture Act.
See whether your venue qualifies
The assessment applies everything on this page to your actual address.