reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-2 - Repealed.

History:
Laws 1981, ch. 259, § 2; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-2 NMSA 1978, as enacted by Laws 1981, ch. 259, § 2, relating to purpose of the act, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-3 - Repealed.

History:
Laws 1981, ch. 259, § 3; 1987, ch. 254, § 21; 2005, ch. 349, § 1; 2007, ch. 30, § 1; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-3 NMSA 1978, as enacted by Laws 1981, ch. 259, § 3, relating to definitions, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-4 - Repealed.

History:
Laws 1981, ch. 259, § 4; 1983, ch. 248, § 1; 1987, ch. 254, § 22; 1998, ch. 55, § 70; 1999, ch. 265, § 73; 2005, ch. 349, § 2; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-4 NMSA 1978, as enacted by Laws 1981, ch. 259, § 4, relating to the licensing authority, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-5 - Repealed.

History:
Laws 1981, ch. 259, § 5; 2007, ch. 30, § 2; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-5 NMSA 1978, as enacted by Laws 1981, ch. 259, § 5, relating to organizations entitled to licenses, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-6 - Repealed.

History:
Laws 1981, ch. 259, § 6; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-6 NMSA 1978, as enacted by Laws 1981, ch. 259, § 6, relating to license applications, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-7 - Repealed.

History:
Laws 1981, ch. 259, § 7; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-7 NMSA 1978, as enacted by Laws 1981, ch. 259, § 7, relating to form and display of licenses, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-8 - Repealed.

History:
Laws 1981, ch. 259, § 8; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-8 NMSA 1978, as enacted by Laws 1981, ch. 259, § 8, relating to persons permitted to conduct games of chance, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-9 - Repealed.

History:
Laws 1981, ch. 259, § 9; 1991, ch. 216, § 1; 2005, ch. 349, § 3; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-9 NMSA 1978, as enacted by Laws 1981, ch. 259, § 9, relating to reports, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-9.1 - Repealed.

History:
Laws 2005, ch. 349, § 4; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-9.1 NMSA 1978, as enacted by Laws 2005, ch. 349, § 4, relating to bingo and raffle tax, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-10 - Repealed.

History:
Laws 1981, ch. 259, § 10; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-10 NMSA 1978, as enacted by Laws 1981, ch. 259, § 10, relating to examination of books and records, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-11 - Repealed.

History:
Laws 1981, ch. 259, § 11; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-11 NMSA 1978, as enacted by Laws 1981, ch. 259, § 11, relating to forfeiture of license, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-12 - Repealed.

History:
Laws 1981, ch. 259, § 12; 1983, ch. 248, § 2; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-12 NMSA 1978, as enacted by Laws 1981, ch. 259, § 12, relating to enforcement, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-13 - Repealed.

History:
Laws 1981, ch. 259, § 13; 2005, ch. 349, § 5; 2007, ch. 30, § 3; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-13 NMSA 1978, as enacted by Laws 1981, ch. 259, § 13, relating to exemptions, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-14 - Repealed.

History:
Laws 1981, ch. 259, § 14; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-14 NMSA 1978, as enacted by Laws 1981, ch. 259, § 14, relating to penalties, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2C - Fireworks Licensing and Safety › Section 60-2C-1 - Short title.

Chapter 60, Article 2C NMSA 1978 may be cited as the "Fireworks Licensing and Safety Act".
History:
Laws 1989, ch. 346, § 1; 1997, ch. 17, § 1.
ANNOTATIONS
The 1997 amendment,
effective March 18, 1997, substituted "Chapter 60, Article 2C NMSA 1978" for "Sections 1 through 11 of this act".
Municipal or county regulation.
— This article expressly removed from municipalities their general authority to regulate fireworks and replaced it with limited authority to regulate the use of aerial and ground audible devices. To the extent that municipalities have regulatory authority over specified devices, those devices are subject to double regulation as long as municipal regulations do not conflict with the requirements of this article. 1990 Op. Att'y Gen. No. 90-11.
This article denies all municipalities, including those with home rule charters, from regulating fireworks other than as provided by the statute. 1990 Op. Att'y Gen. No. 90-11.
A municipal ordinance that purports to prohibit all fireworks is contrary to the limited authority granted to municipalities under this article and, therefore, is void and without effect. 1990 Op. Att'y Gen. No. 90-11.
Counties have the same authority as municipalities to enact ordinances permitted by this article. 1990 Op. Att'y Gen. No. 90-11.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Explosives §§ 2, 20, 48 to 56, 68, 70, 105, 111, 122, 125, 126; 56 Am. Jur. 2d Municipal Corporations § 204.
Validity, construction, and application of state or local laws regulating the sale, possession, use, or transport of fireworks, 48 A.L.R.5th 659.
15 C.J.S. Commerce §§ 85, 94; 16B C.J.S. Constitutional Law § 861; 62 C.J.S. Municipal Corporations §§ 676, 687, 695, 711, 712, 735, 754.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2C - Fireworks Licensing and Safety › Section 60-2C-2.1 - Repealed.

History:
Laws 1997, ch. 17, § 8; repealed by Laws 2007, ch. 268, § 6.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 268, § 6 repealed 60-2C-2.1 NMSA 1978, as enacted by Laws 1997, ch. 17, § 8, relating to novelties, effective April 2, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2C - Fireworks Licensing and Safety › Section 60-2C-3 - License or permit required for sale of fireworks; administration; permits and licenses.

A. No person may sell, hold for sale, import, distribute or offer for sale, as manufacturer, distributor, wholesaler or retailer, any fireworks in this state unless such person has first obtained the appropriate license or permit.
B. The state fire marshal shall enforce the Fireworks Licensing and Safety Act. All license applications shall be submitted to the office of the state fire marshal. All retailers shall be required to purchase a retail fireworks permit for each retail location. The retail permit may be purchased from any licensed manufacturer, distributor or wholesaler or from the state fire marshal's office. Retail permits may be purchased at any time by the licensed manufacturer, distributor or wholesaler in books of twenty permits per book from the state fire marshal. Permits shall be numbered, and it shall be the responsibility of the licensed manufacturer, distributor or wholesaler to keep records of the purchases of these permits and to submit these records to the state fire marshal semi-annually on January 31 and July 31 of each year. Each semi-annual report is to cover the preceding six-month period. Retail permits that are unsold may be exchanged for new permits.
C. The state fire marshal shall appoint the deputies and employees required to carry out the provisions of the Fireworks Licensing and Safety Act. The state fire marshal may also appoint any commissioned law enforcement officer or duly appointed fire chief or his designee with approval from the local governing body required to carry out the provisions of that act.
D. The state fire board shall formulate, adopt, promulgate and amend or revise rules and regulations for the safe handling of fireworks.
History:
Laws 1989, ch. 346, § 3; 1991, ch. 133, § 2; 1997, ch. 17, § 3.
ANNOTATIONS
Cross references.
— For the Parental Responsibility Act,
see
Chapter 40, Article 5A NMSA 1978.
The 1997 amendment,
effective March 18, 1997, in Subsection B, substituted "Retail permits" for "These permits" at the beginning of the fifth sentence and "ten permits" for "twenty permits" near the end of that sentence; and in Subsection C, substituted "fire chief or his designee" for "fire chief or his designate" in the second sentence.
The 1991 amendment,
effective June 14, 1991, in Subsections A and B, deleted "importer" following "wholesaler" and made related stylistic changes; in the second sentence in Subsection C, substituted "commissioned" for "certified" and inserted "or his designate"; and added Subsection D.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2C - Fireworks Licensing and Safety › Section 60-2C-4 - License and permit fees.

A. An applicant for a license or permit under the Fireworks Licensing and Safety Act shall pay to the state fire marshal's office the following fees, which shall not be refundable:
(1) manufacturer license
$1,500;
(2) distributor license
2,000;
(3) wholesaler license
1,000;
(4) display distributor license
1,000;
(5) specialty retailer license
750;
(6) retailer permit
100;
or
(7) replacement permit
20.
B. All licenses and permits shall be issued for one year beginning on February 1 of each year. All licenses and permits shall be issued within thirty days from the date of receipt of application, except that no application shall be processed during any holiday selling period in which permissible fireworks may be sold.
C. Licenses issued pursuant to provisions of the Fireworks Licensing and Safety Act shall not be restricted in number or limited to any person without cause. Municipalities and counties may require licenses or permits and reasonable fees, not to exceed twenty-five dollars ($25.00), for the sale of fireworks.
D. Permit and license fees paid to the state fire marshal's office shall be deposited in the fire protection fund to be used by the state fire marshal to enforce and carry out the provisions and purposes of the Fireworks Licensing and Safety Act.
History:
Laws 1989, ch. 346, § 4; 1991, ch. 133, § 3; 1997, ch. 17, § 4; 1999, ch. 58, § 2; 2007, ch. 268, § 2.
ANNOTATIONS
The 2007 amendment,
effective April 2, 2007, imposed a fee of $20.00 for a license replacement.
The 1999 amendment,
effective March 17, 1999, inserted "license" in Subsection A(4), substituted "twenty-five dollars ($25.00)" for "fifty dollars ($50.00)" in the second sentence of Subsection C, and made minor stylistic changes.
The 1997 amendment,
effective March 18, 1997, substituted "processed during each holiday selling period in which permissible fireworks may be sold" for "processed from May 10 through July 10 of each year" at the end of the second sentence in Subsection B.
The 1991 amendment,
effective June 14, 1991, in Subsection A, rewrote Paragraph (4), which provided a fee of $250 for an importer license, substituted "750" for "100" in Paragraph (5) and "100" for "50.00" in Paragraph (6) and added the exception at the end of Subsection B.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2C - Fireworks Licensing and Safety › Section 60-2C-5 - Possession, sale or use of unauthorized fireworks unlawful.

No individual, firm, partnership, corporation or association shall possess for retail sale in this state, sell or offer for sale at retail or possess or use any fireworks other than permissible fireworks.
History:
Laws 1989, ch. 346, § 5; 1991, ch. 133, § 4.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, inserted "or possess" near the end of the section.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2C - Fireworks Licensing and Safety › Section 60-2C-6 - Exportation of fireworks from the state.

Nothing in the Fireworks Licensing and Safety Act shall prohibit licensed wholesalers, distributors, importers or manufacturers from storing, selling, shipping or otherwise transporting fireworks as defined by the United States department of transportation to any person or entity outside the state of New Mexico.
History:
Laws 1989, ch. 346, § 6.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2C - Fireworks Licensing and Safety › Section 60-2C-7 - Permissible fireworks.

A. Permissible fireworks are:
(1) ground and hand-held sparkling devices:
(a) cone fountains;
(b) crackling devices;
(c) cylindrical fountains;
(d) flitter sparklers;
(e) ground spinners;
(f) illuminating torches; and
(g) wheels;
(2) aerial devices:
(a) aerial shell kit-reloadable tubes;
(b) aerial spinners;
(c) helicopters;
(d) mines;
(e) missile-type rockets;
(f) multiple tube devices;
(g) roman candles;
(h) shells; and
(i) stick-type rockets, except as provided in Subsection B of this section; and
(3) ground audible devices:
(a) chasers; and
(b) firecrackers.
B. The following types of fireworks are not permissible fireworks:
(1) stick-type rockets having a tube less than five-eighths inch outside diameter and less than three and one-half inches in length; and
(2) fireworks intended for sale to the public that produce an audible effect, other than a whistle, by a charge of more than one hundred thirty milligrams of explosive composition per report.
C. A municipality or county shall not by ordinance regulate and prohibit the sale or use of any permissible firework except aerial devices and ground audible devices.
History:
Laws 1989, ch. 346, § 7; 1991, ch. 133, § 5; 1997, ch. 17, § 5; 2007, ch. 268, § 3.
ANNOTATIONS
The 2007 amendment,
effective April 2, 2007, added aerial shell kit-reloadable tubes and multiple tube devices as permissible aerial devises and classifies as non-permissible fireworks stick-type rockets having a tube less than five-eighths inch outside diameter and less than three and one-half inches in length and fireworks that produce an audible effect by a charge of more than one hundred thirty milligrams of explosive composition per report.
The 1997 amendment,
effective March 18, 1997, rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2C - Fireworks Licensing and Safety › Section 60-2C-9 - Display fireworks.

Except as provided in Section 9 [60-26-8.1 NMSA 1978] of this act, nothing in the Fireworks Licensing and Safety Act shall prohibit the display of display fireworks, except that any individual, association, partnership, corporation, organization, county or municipality shall secure a written permit from the governing body of the county or municipality where the display is to be fired and the display fireworks shall be purchased from a distributor or display distributor licensed by the state fire marshal and the bureau of alcohol, tobacco and firearms at the United States department of the treasury.
History:
Laws 1989, ch. 346, § 9; 1991, ch. 133, § 7; 1997, ch. 17, § 7.
ANNOTATIONS
The 1997 amendment,
effective March 18, 1997, substituted "Display fireworks" for "Public display of fireworks" in the section heading, added the exception at the beginning of the section, substituted "the display of display fireworks" for "the public display of fireworks" following "shall prohibit" and substituted "the display is to be fired and the display fireworks shall" for "the public display is to be fired and the fireworks shall".
The 1991 amendment,
effective June 14, 1991, inserted "or display distributor" near the end of the section.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2C - Fireworks Licensing and Safety › Section 60-2C-9.1 - Theatrical pyrotechnics articles; compliance with national fire protection association standards required.

All places where theatrical pyrotechnics articles are manufactured, stored, sold or displayed shall be in compliance with the code of safety standards published by the national fire protection association for the use of pyrotechnics before a proximate audience.
History:
Laws 2007, ch. 268, § 5.
ANNOTATIONS
Cross references.
— For the Child Labor Act,
see
50-6-1.1 NMSA 1978.
Emergency clause.
— Laws 2007, ch. 268, § 7 contained an emergency clause and was approved April 2, 2007.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2C - Fireworks Licensing and Safety › Section 60-2C-10 - Penalty; criminal.

A. Any individual, firm, partnership or corporation that violates any provision of the Fireworks Licensing and Safety Act is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than one year, or both.
B. Nothing in the Fireworks Licensing and Safety Act shall apply to or prohibit any employees of the department of game and fish or the United States fish and wildlife service from possessing fireworks for control of game birds and animals or to prohibit any law enforcement officer from possessing fireworks in the performance of his duties or to prohibit any municipality or civic organization therein from sponsoring and conducting in connection with any public celebration, an officially supervised and controlled fireworks display.
History:
Laws 1989, ch. 346, § 10.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2C - Fireworks Licensing and Safety › Section 60-2C-11 - Penalty; civil.

A. If a person is found guilty of violating any of the provisions of the Fireworks Licensing and Safety Act, that person's license or permit may be revoked or suspended by the state fire marshal, his deputies or designees.
B. No individual, firm, corporation or partnership shall possess any fireworks for sale within New Mexico, other than those authorized in the Fireworks Licensing and Safety Act. The state fire marshal, his deputies or designees may at reasonable hours enter and inspect the permittee's premises, building, mobile or motor vehicle or temporary or permanent structure to determine compliance with the Fireworks Licensing and Safety Act. If any retailer has in his possession any fireworks in violation of that act, his permit shall be revoked and all such fireworks seized, and the fireworks shall be kept to be used as evidence. If any person has in his possession any fireworks in violation of that act, a warrant may be issued for the seizure of fireworks and the fireworks shall be safely kept to be used as evidence. Upon conviction of the offender, the fireworks shall be destroyed, but if the offender is discharged, the permissible fireworks shall be returned to the person in whose possession they were found; provided, however, that nothing in the Fireworks Licensing and Safety Act applies to the transportation of fireworks by regulated carriers.
History:
Laws 1989, ch. 346, § 11.
ANNOTATIONS
Severability.
— Laws 1989, ch. 346, § 14 provided for the severability of the Fireworks Licensing and Safety Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-2 - Definitions.

As used in the Bicycle Racing Act:
A. "commission" means the bicycle racing commission;
B. "bicycle racing" means racing at Keiren velodrome bicycle-racing tracks approved by the commission;
C. "license" means a license for a racing meet issued under the provisions of the Bicycle Racing Act; and
D. "secretary" means the executive secretary of the commission.
History:
Laws 1991, ch. 233, § 2.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-3 - Commission created; appointments; qualifications.

The "bicycle racing commission" is created. The commission shall consist of three commissioners appointed by the governor. The first commission members shall be appointed for staggered terms, one ending on July 1, 1993 and one ending on July 1 of each of the following two odd-numbered years. Thereafter, appointments shall be for terms of six years. Vacancies for any unexpired term shall be filled by the governor. To be eligible for appointment, all persons shall be citizens, residents of the state and qualified electors.
History:
Laws 1991, ch. 233, § 3.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-4 - Organization and officers; per diem.

A. Within thirty days after appointment, the first commission shall organize for the transaction of business by selecting one of its members as chairman. The commission shall meet annually in September and may meet as often as it deems necessary on the call of the chairman or any two members of the commission. Members of the commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
B. The commission shall maintain an office within the state and keep detailed records of all its meetings and all business transacted by it. Complete records shall be kept of all collections and disbursements. The commission shall report annually on June 30 to the governor on its activities for the preceding year.
C. The expenses of the commission shall be paid out of the state's allocation of the proceeds from the bicycle-racing pari-mutuel tax as provided in Section 16 [60-2D-16 NMSA 1978] of the Bicycle Racing Act. Payment of expenses by the commission shall be on vouchers issued and signed by the person designated by the commission, upon warrants drawn by the department of finance and administration in accordance with the budget approved by the department of finance and administration.
History:
Laws 1991, ch. 233, § 4.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-5 - Powers and duties.

The commission shall, in its discretion and subject to its rules and regulations:
A. license all persons desiring to participate, except as spectators, in bicycle racing at Keiren velodrome bicycle-racing tracks within this state approved by the commission;
B. supervise all licensees and all races, race meets and racetracks operating under its jurisdiction;
C. set the time, place and duration of all race meets under its jurisdiction;
D. suspend or revoke licenses for violation of the law or rules and regulations of the commission;
E. do all other things necessary and proper to fulfill its obligations under the Bicycle Racing Act;
F. have all places where bicycle-racing meets are held visited and inspected at least once a year by its members or employees;
G. require all pari-mutuel bicycle-racing meets to be held at Keiren velodrome bicycle-racing tracks in this state and in accordance with the rules and regulations of the commission;
H. supervise the operations of pari-mutuel machines and equipment and the operation of all money rooms, accounting rooms and seller's and cashier's windows;
I. supervise the weighing and inspection of bicycles; and
J. make saliva and urine tests on bicycle racers selected by the commission or its employees at every race.
History:
Laws 1991, ch. 233, § 5.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-7 - Rules and regulations.

The commission shall promulgate reasonable rules and regulations governing bicycle racing in this state. These rules and regulations shall:
A. govern the application procedures for all licenses issued by the commission;
B. provide for the supervision, direction and discipline of licensees of the commission;
C. govern, subject to the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the issuance, suspension and revocation of licenses issued by the commission;
D. provide for the barring from bicycle racing and bicycle-racing tracks of any persons, including those required to be licensed by the commission;
E. determine the distribution of the gross receipts of all pari-mutuel bicycle-racing wagers that shall be payable as pari-mutuel winnings, as race purses to the winning bicycle racers and as commissions to the licensee;
F. set standards for the holding, conducting and operating of all bicycle races, race meets and racetracks under the supervision of the commission; and
G. become effective only after they have been filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History:
Laws 1991, ch. 233, § 7.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-8 - Enforcement; investigation; subpoena.

The commission shall enforce or secure the enforcement, through the proper officials, of all the laws, rules, regulations and orders of the commission. The commission shall investigate on its own motion, or upon receipt of any information or complaint concerning any violation of the Bicycle Racing Act or any rule, regulation or order issued pursuant to that act or upon receipt of any application, any information contained or which should be contained in the application. In enforcement of the Bicycle Racing Act or in any investigation, the commission may exercise the power of subpoena. Any member of the commission may administer oaths or affirmations. If any person refuses to obey a subpoena, the commission may present its petition to the district court in Santa Fe county setting forth the facts, and the district court shall issue its subpoena to the person.
History:
Laws 1991, ch. 233, § 8.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-9 - Licenses; limitations; fees.

A. The commission shall require licenses of all bicycle racers, trainers, starters, assistant starters, pari-mutuel employees, authorized racer's or owner's agents and any other person, whether operating under his own name or a trade or assumed name, who wishes to participate, except as a spectator, in a bicycle-racing meet in this state. This license shall be known as a "general bicycle-racing license" and shall state on its face the capacity in which the licensee will participate in bicycle racing in this state. The fee for a general bicycle-racing license shall be set by the commission in an amount not to exceed fifty dollars ($50.00) per year. The fee shall not be prorated for part of a year.
B. The commission shall require a license for any person to hold bicycle-racing meets with pari-mutuel wagering. This license shall be known as a "pari-mutuel bicycle-racing license" and shall state on its face the time, place and duration of all bicycle-racing meets authorized by that license and the number of races allowed per day. The fee for such a license shall be set by the commission and shall not exceed one thousand dollars ($1,000) for any one calendar year, regardless of the number of days of bicycle-racing meets covered by the license.
C. The commission may issue a pari-mutuel bicycle-racing license for:
(1) a bicycle-racing season; and
(2) one day, to be known as a charity day, on which day the licensee shall remit the taxes owed to the state, deduct an amount equal to the purses and the cost of conducting the racing on that day and donate the balance to nonprofit organizations engaged in charitable, benevolent or eleemosynary activities selected by the licensee and approved by the commission.
History:
Laws 1991, ch. 233, § 9.
ANNOTATIONS
Cross references.
— For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-10 - Applications for pari-mutuel bicycle-racing licenses.

A. Each initial application for a pari-mutuel bicycle-racing license shall:
(1) be made under oath on a form supplied by the commission and shall be filed on a date set by the commission by regulation;
(2) set forth the time, place and number of days of the proposed bicycle-racing meet;
(3) state the full name and address of the applicant and, if a corporation, the names and addresses of all its officers and directors and of all the holders of each class of its stock and the amount of stock of each class owned by each stockholder;
(4) present a current financial statement of the applicant;
(5) identify the bicycle-racing track where the proposed bicycle-racing meet will be held and the names and addresses of the owners of all property to be used;
(6) give a description of the land uses within a radius of two miles of the proposed meet; and
(7) state any other information deemed necessary by the commission or required by its regulations.
B. Upon receipt of the initial application, the commission shall set a date for a hearing on the application and require the applicant to give public notice of the hearing, in a form set by the commission, giving the time, place and purpose of the hearing by publication in a newspaper in general circulation in the area of the proposed meet, once a week for three consecutive weeks, and by posting a notice on the site of the proposed bicycle-racing meet, in a form and size set by the commission.
C. The commission shall conduct the public hearing, and any interested person may be heard. Among other things, the commission may hear evidence concerning:
(1) the number of licenses already granted;
(2) the location of tracks previously licensed; and
(3) the desires of the residents of the county.
History:
Laws 1991, ch. 233, § 10.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-11 - Renewal licenses.

Pari-mutuel bicycle-racing licenses may be renewed upon application of the licensee annually for the same dates or for other dates the licensee requests, but for not less than the total number of days allotted during the preceding year. The application for a renewal shall be in the same form as the original application, shall contain the same information, brought up to date, and shall contain the same attachments, but shall not require a public hearing.
History:
Laws 1991, ch. 233, § 11.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-12 - Liability insurance; bond; pari-mutuel bicycle-racing licensee.

Every pari-mutuel bicycle-racing licensee shall, as a condition to receiving a license to conduct bicycle-racing meets:
A. carry public liability insurance in a form, in an amount and with a company approved by the commission, for the protection of the public, exhibitors, contestants, visitors, other licensees and spectators; and
B. provide and deliver to the commission a bond in a form required by the commission, in favor of the state, in a penal sum of not less than fifty thousand dollars ($50,000) and any further amount required by the commission, conditioned upon:
(1) the payment by the licensee to the state all money due it under the provisions of the Bicycle Racing Act;
(2) the licensee's discharging all obligations to his employees, exhibitors, contestants and persons furnishing labor and material in connection with any race meet or in connection with the construction, maintenance, repair or operation of the racetrack or buildings or grounds connected therewith; and
(3) generally, that the licensee will conduct the bicycle-racing meet strictly in accordance with the provisions of the Bicycle Racing Act and the rules and regulations of the commission and will not violate any other law of this state while operating under a license issued by the commission.
History:
Laws 1991, ch. 233, § 12.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-13 - License; refusal to issue.

The commission, using the procedures of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]:
A. when dealing with a general bicycle-racing license, shall refuse to issue a license if the applicant:
(1) as an individual or, if a partnership, joint venture or corporation, if any partner, joint venturer, officer or director has been convicted of any crime which if committed in New Mexico is or would have been a felony or of the violation of any law of the United States or of any state concerning gambling or racing or of any rule or regulation of this or any other racing commission; or
(2) fails to pay the required fees or any other payment required by the Bicycle Racing Act;
B. when dealing with a pari-mutuel bicycle-racing license, shall refuse to issue the license for the reasons given in Subsection A of this section or, in addition, if the applicant:
(1) is not a bona-fide resident of New Mexico;
(2) is a foreign corporation;
(3) is a corporation and does not have a provision in its charter that none of the voting stock of the corporation shall be sold, mortgaged or otherwise pledged or transferred without ten days' prior written notice to the commission;
(4) is a corporation any of the voting stock of which is held for an undisclosed principal, unless the corporation is listed on a national stock exchange and the named stockholder is a recognized nominee; or
(5) refuses to agree that he will not thereafter sell, mortgage or otherwise pledge or dispose of any of the assets listed and described on the application for license without giving the commission ten days' written notice;
C. when dealing with a general bicycle-racing license, may refuse to issue the license if the applicant makes any false or fraudulent statement of a material nature in the application; or
D. when dealing with a pari-mutuel bicycle-racing license, may refuse to issue the license for the reason given in Subsection C of this section or if:
(1) the financial standing of the applicant and his ability or, if a partnership, joint venture or corporation, the financial standing of the partnership, joint venture or corporation or the ability of the partners, joint venturers, officers or directors of the corporation are such that in the opinion of the commission it is not in the best interest of the state to grant the license;
(2) the sentiments of the residents of the area and the county in which it is proposed to conduct the bicycle-racing meet are against the license; or
(3) for any other reason it is not in the best interest of the state, the racing industry and the area and county in which it is proposed to conduct the bicycle-racing meets to grant the license.
History:
Laws 1991, ch. 233, § 13.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-14 - Revocation and suspension.

The commission, using the procedures of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]:
A. when dealing with a general bicycle-racing license, may revoke or suspend the license if the licensee:
(1) as an individual or, if a partnership, joint venture or corporation, if any partner, joint venturer, officer or director has been convicted of any crime which if committed in New Mexico is or would have been a felony or of the violation of any law of the United States or of any state concerning gambling or racing or of any rule or regulation of this or any other racing commission; or
(2) has made any false or fraudulent statement of a material nature in his application; or
B. when dealing with a pari-mutuel bicycle-racing license, may revoke or suspend the license for any reason given in Subsection A of this section or if the licensee:
(1) incorporates as a foreign corporation;
(2) loses his residence in New Mexico;
(3) is a corporation and amends its charter to allow its voting stock to be sold, mortgaged or otherwise pledged or transferred without ten days' prior written notice to the commission;
(4) is a corporation and sells, mortgages or otherwise pledges or transfers any of the voting stock of the corporation without ten days' prior written notice to the commission;
(5) is a corporation and allows any of its voting stock to be held for an undisclosed principal, unless the corporation is listed on a national stock exchange and the named stockholder is a recognized nominee; or
(6) sells, mortgages or otherwise pledges or disposes of any of the assets listed and described on the application for license without approval of the commission.
History:
Laws 1991, ch. 233, § 14.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-15 - Pari-mutuel wagering; breakage; uncashed tickets.

A. A pari-mutuel bicycle-racing licensee may conduct pari-mutuel wagering. In the conduct of such wagering, all breakage shall be split equally between the state and the licensee. Breakage shall be those odd cents remaining after paying winning ticket holders a minimum of ten cents ($.10) for each one dollar ($1.00) wagered. If during any bicycle-racing meet conducted under the Bicycle Racing Act there are underpayments of the amount actually due to the wagerers, the amount of the excess of such underpayments, over and above overpayments to wagerers on the expiration of thirty days after the end of the meet, shall be paid to the state treasurer. Uncashed tickets may be presented to the licensee for payment at any time.
B. If a governmental agency imposes a levy on the licensee of a tax on the money wagered and upon its receipts, the licensee may collect, in addition to the percentage and breakage allowed in this section, the amount of the tax so levied. The tax and breakage and license fees provided in the Bicycle Racing Act shall be in lieu of all other license and excise taxes levied by the state or any of its political subdivisions for the privilege of conducting bicycle-racing meets licensed under the Bicycle Racing Act.
History:
Laws 1991, ch. 233, § 15.
ANNOTATIONS
Pari-mutuel gambling on bicycle racing prohibited by federal law.
— The federal Professional and Amateur Sports Protection Act, 28 U.S.C. § 3701 et seq., prohibits the state from authorizing the commencement of pari-mutuel gambling on Keirin style velodrome bicycle racing pursuant to the Bicycle Racing Act, as the federal act only allows such gambling if gambling actually occurred between September 1, 1989 and October 2, 1991, and no such gambling occurred in the state during such time period. 2001 Op. Att'y Gen. No. 01-01.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-16 - Pari-mutuel wagering; taxes.

Each licensee holding a pari-mutuel bicycle-racing license shall withhold fifteen percent from the pari-mutuel bicycle-racing wagers made and pay daily:
A. thirteen percent of the gross receipts of all pari-mutuel bicycle-racing wagers at a meet to the state treasurer, which shall be deposited in the general fund; and
B. two percent of the gross receipts of all pari-mutuel bicycle-racing wagers made at a meet to the county treasurer of the county in which the meet is held.
These amounts shall constitute the "bicycle-racing pari-mutuel tax".
History:
Laws 1991, ch. 233, § 16.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-17 - Violations.

It is unlawful:
A. for any licensee or any trainer of any person licensed to enter any racing contest supervised by the commission to fail to comply with all rules, regulations and orders issued by the commission;
B. for any person to participate except as a spectator in any racing contest supervised by the commission without first obtaining the required license;
C. for any person to hold a bicycle-racing meet with pari-mutuel wagering without obtaining the required license;
D. for any person holding or participating in any racing contest supervised by the commission to fail to inform the commission or its employees of any violation of any law, rule, regulation or order of the commission;
E. for any licensee to permit any person who has not reached his twenty-first birthday to wager at a bicycle-racing meet;
F. to conduct pool-selling bookmaking or to conduct handbooks or to bet or wager on any bicycle-racing meet licensed by the commission, other than by the pari-mutuel method; or
G. for any pari-mutuel bicycle-racing licensee to compute breaks in the pari-mutuel system other than at ten cents ($.10).
History:
Laws 1991, ch. 233, § 17.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2D - Bicycle Racing › Section 60-2D-18 - Penalty.

Any person who violates any of the provisions of the Bicycle Racing Act is guilty of a petty misdemeanor.
History:
Laws 1991, ch. 233, § 18.
ANNOTATIONS
Severability.
— Laws 1991, ch. 233, § 19 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-2 - Policy.

It is the state's policy on gaming that:
A. limited gaming activities should be allowed in the state if those activities are strictly regulated to ensure honest and competitive gaming that is free from criminal and corruptive elements and influences; and
B. the holder of any license issued by the state in connection with the regulation of gaming activities has a revocable privilege only and has no property right or vested interest in the license.
History:
Laws 1997, ch. 190, § 4.
ANNOTATIONS
Town's charter, authorizing the regulation of gaming, has been impliedly repealed by the Gaming Control Act.
— The Gaming Control Act, 60-2E-1 to 60-2E-62 NMSA 1978, regulates all aspects of permissible gaming in the state, including gaming operators, gaming employees, gaming device distributors and manufacturers, and gaming machines; the Gaming Control Act authorizes the gaming control board to adopt regulations that, among other things, govern the issuance of licenses and permits, define authorized games and gaming devices, govern the manufacture, distribution and repair of gaming devices, and prescribe accounting and security procedures required of licensees. Based on its provisions, it is clear that the New Mexico legislature intended the Gaming Control Act to cover all aspects of gaming regulation, and constitutes a comprehensive law covering the whole subject matter of gaming in the state, and therefore, the town of Silver City's charter, which authorizes Silver City to tax, regulate and restrain gambling within and up to one mile outside the town limits, has been impliedly repealed by the Gaming Control Act. The town of Silver City has no power to permit, tax or otherwise regulate gambling.
Regulation of Gambling in the Town of Silver City
(2/7/17), Att'y Gen. Adv. Ltr. 2017-02.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-4 - Limited gaming activity permitted.

Gaming activity is permitted in New Mexico only if it is conducted in compliance with and pursuant to:
A. the Gaming Control Act; or
B. a state or federal law other than the Gaming Control Act that expressly permits the activity or exempts it from the application of the state criminal law, or both.
History:
Laws 1997, ch. 190, § 6.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-6 - Board; meetings; quorum; records.

A. A majority of the qualified membership of the board then in office constitutes a quorum. No action may be taken by the board unless at least three members concur.
B. Written notice of the time and place of each board meeting shall be given to each member of the board at least ten days prior to the meeting.
C. Meetings of the board shall be open and public in accordance with the Open Meetings Act [Chapter 10, Article 15 NMSA 1978], except that the board may close a meeting to hear confidential security and investigative information and other information made confidential by the provisions of the Gaming Control Act.
D. All proceedings of the board shall be recorded by audiotape or other equivalent verbatim audio recording device.
E. The chairman of the board, the executive director or a majority of the members of the board then in office may call a special meeting of the board upon at least five days' prior written notice to all members of the board and the executive director.
History:
Laws 1997, ch. 190, § 8.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-9 - Executive director; employment; qualifications.

A. The executive director shall be employed by, report directly to and serve at the pleasure of the board.
B. The executive director shall have had at least five years of responsible supervisory administrative experience in a governmental gaming regulatory agency.
C. The executive director shall receive an annual salary to be set by the board but not to exceed the governor of New Mexico's salary.
History:
Laws 1997, ch. 190, § 11; 2007, ch. 271, § 1.
ANNOTATIONS
Cross references.
— For the salary of the governor,
see
8-1-1 NMSA 1978.
The 2007 amendment,
effective July 1, 2007, provided that the salary of the executive director shall not exceed the governor's salary.