A. Except as provided in Subsection C of this section, the division shall issue licenses for the manufacture, distribution or sale of tobacco products in New Mexico to applicants who meet the requirements of the Tobacco Products Act.

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B. The division shall issue or renew a license for the:

(1)     manufacture of tobacco products for a term of one year;

(2)     distribution of tobacco products for a term of one year; and

(3)     retail sale of tobacco products for a term of one year.

C. A license shall not be issued, retained, transferred or renewed pursuant to the Tobacco Products Act if any of the following conditions apply:

(1)     the applicant has had a manufacturer, distributor or retailer license revoked by the division or by another state;

(2)     the applicant is not in compliance with Subsection G of Section 7-12-9.1 N.M. Stat. Ann.;

(3)     the location for the license or license transfer is within three hundred feet of a school; provided that this restriction does not apply to a location at which tobacco products have been lawfully manufactured, distributed or sold prior to July 1, 2020; or

(4)     the location for the license would result in a violation of a zoning or other ordinance of a governing body in which the proposed location would exist.