N.M. Admin. Code § 3.2.213.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 3.2.213.7 - DEFINITIONS

A."Regional" defined: As used in Section 7-9-55 NMSA 1978, a "regional" seller or advertiser is a person who sells from locations in more than one state or who purchases advertising services intended to be heard or viewed in more than one state. A person is deemed to sell from locations in more than one state if that person either maintains a physical retail establishment in more than one state, or if that person regularly stores, warehouses, or otherwise maintains stocks of tangible personal property for the fulfillment of purchases in more than one state. A person does not advertise in more than one state if the advertisement is intended to be viewed only in one state, but some incidental views occur outside of that state.

B."Seller or advertiser" defined: As used in Section 7-9-55 NMSA 1978, "seller or advertiser" means a person whose identity, business, service, product or products are the primary subject of the advertising message.

C."Principal place of business" defined: As used in Section 7-9-55 NMSA 1978, "principal place of business" means the place in which a business:

(1) earns the largest percentage of its revenues; and

(2) owns the largest percentage of its capital assets; and

(3) employs the largest percentage of its full-time equivalent employees. A business can have only one principal place of business.

N.M. Admin. Code § 3.2.213.7

3/3/86, 4/2/86, 11/26/90, 11/15/96; 3.2.213.7 NMAC - Rn, 3 NMAC 2.55.7 & A, 5/31/01, Adopted by New Mexico Register, Volume XXXIII, Issue 22, November 29, 2022, eff. 11/29/2022