reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-51 - Crime; use of counterfeit or unapproved tokens, currency or devices; possession of certain devices, equipment, products or materials.

A. A person who, in playing any game designed to be played with, to receive or to be operated by tokens approved by the board or by lawful currency of the United States, knowingly uses tokens other than those approved by the board, uses currency that is not lawful currency of the United States or uses currency not of the same denomination as the currency intended to be used in that game is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
B. A person who knowingly has on his person or in his possession within a gaming establishment any device intended to be used by him to violate the provisions of the Gaming Control Act is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
C. A person, other than a duly authorized employee of a gaming operator acting in furtherance of his employment within a gaming establishment, who knowingly has on his person or in his possession within a gaming establishment any key or device known by him to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any game, dropbox or any electronic or mechanical device connected to the game or dropbox or for removing money or other contents from them is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
D. A person who knowingly and with intent to use them for cheating has on his person or in his possession any paraphernalia for manufacturing slugs is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. As used in this subsection, "paraphernalia for manufacturing slugs" means the equipment, products and materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of tokens approved by the board or a lawful coin of the United States, the use of which is unlawful pursuant to the Gaming Control Act. The term includes:
(1) lead or lead alloy;
(2) molds, forms or similar equipment capable of producing a likeness of a gaming token or coin;
(3) melting pots or other receptacles;
(4) torches; and
(5) tongs, trimming tools or other similar equipment.
E. Possession of more than two items of the equipment, products or material described in Subsection D of this section permits a rebuttable inference that the possessor intended to use them for cheating.
History:
Laws 1997, ch. 190, § 53.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-52 - Crime; cheating.

A person who knowingly cheats at any game is guilty of a fourth degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1997, ch. 190, § 54.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-53 - Crime; possession of gaming device manufactured, sold or distributed in violation of law.

A person who knowingly possesses any gaming device that has been manufactured, sold or distributed in violation of the Gaming Control Act is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1997, ch. 190, § 55.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-54 - Crime; reporting and record violations; penalty.

A person who, in an application, book or record required to be maintained by the Gaming Control Act or by a regulation adopted under that act or in a report required to be submitted by that act or a regulation adopted under that act, knowingly makes a statement or entry that is false or misleading or fails to maintain or make an entry the person knows is required to be maintained or made is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1997, ch. 190, § 56.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-55 - Crime; unlawful manufacture, sale, distribution, marking, altering or modification of devices associated with gaming; unlawful instruction; penalty.

A. A person who manufactures, sells or distributes a device that is intended by him to be used to violate any provision of the Gaming Control Act is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
B. A person who marks, alters or otherwise modifies any gaming device in a manner that affects the result of a wager by determining win or loss or alters the normal criteria of random selection that affects the operation of a game or that determines the outcome of a game is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1997, ch. 190, § 57.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-56 - Underage gaming; penalty for permitting or participation.

A. A person who knowingly permits an individual who the person knows is younger than twenty-one years of age to participate in gaming is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
B. An individual who participates in gaming when he is younger than twenty-one years of age at the time of participation is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 1997, ch. 190, § 58.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-57 - Crime; general penalties for violation of act.

A person who willfully violates, attempts to violate or conspires to violate any of the provisions of the Gaming Control Act specifying prohibited acts, the classification of which is not specifically stated in that act, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1997, ch. 190, § 59.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-58 - Detention and questioning of a person suspected of violating act; limitations on liability; posting of notice.

A. A gaming operator licensee or its officers, employees or agents may question a person in its gaming establishment suspected of violating any of the provisions of the Gaming Control Act. No gaming operator licensee or any of its officers, employees or agents is criminally or civilly liable:
(1) on account of any such questioning; or
(2) for reporting to the board or law enforcement authorities the person suspected of the violation.
B. A gaming operator licensee or any of its officers, employees or agents who has reasonable cause for believing that there has been a violation of the Gaming Control Act in the gaming establishment by a person may detain that person in the gaming establishment in a reasonable manner and for a reasonable length of time. Such a detention does not render the gaming operator licensee or his officers, employees or agents criminally or civilly liable unless it is established by clear and convincing evidence detention was unreasonable under the circumstances.
C. No gaming operator licensee or its officers, employees or agents are entitled to the immunity from liability provided for in Subsection B of this section unless there is displayed in a conspicuous place in the gaming establishment a notice in boldface type clearly legible and in substantially this form:
"Any gaming operator licensee or any of his officers, employees or agents who have reasonable cause for believing that any person has violated any provision of the Gaming Control Act prohibiting cheating in gaming may detain that person in the establishment."
History:
Laws 1997, ch. 190, § 60.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-59 - Administrative appeal of board action.

A. Any person aggrieved by an action taken by the board or one of its agents may request and receive a hearing for the purpose of reviewing the action. To obtain a hearing, the aggrieved person shall file a request for hearing with the board within thirty days after the date the action is taken. Failure to file the request within the specified time is an irrevocable waiver of the right to a hearing, and the action complained of shall be final with no further right to review, either administratively or by a court.
B. The board shall adopt procedural regulations to govern the procedures to be followed in administrative hearings pursuant to the provisions of this section. At a minimum, the regulations shall provide:
(1) for the hearings to be public;
(2) for the appointment of a hearing officer to conduct the hearing and make his recommendation to the board not more than thirty days after the completion of the hearing;
(3) procedures for discovery;
(4) assurance that procedural due process requirements are satisfied;
(5) for the maintenance of a record of the hearing proceedings and assessment of costs of any transcription of testimony that is required for judicial review purposes; and
(6) for the hearing to be held in Albuquerque or, upon written request by an aggrieved person, in the place or area affected.
C. Actions taken by the board after a hearing pursuant to the provisions of this section shall be:
(1) written and shall state the reasons for the action;
(2) made public when taken;
(3) communicated to all persons who have made a written request for notification of the action taken; and
(4) taken not more than thirty days after the submission of the hearing officer's report to the board.
History:
Laws 1997, ch. 190, § 61; 2002, ch. 102, § 15.
ANNOTATIONS
The 2002 amendment,
effective March 5, 2002, in Subsection B, substituted "thirty days" for "ten days" in Paragraph (2), and rewrote Paragraph (6), which read: "for the hearing to be held in Santa Fe for enforcement hearings and hearings on actions of statewide application, and to be held in the place or area affected for enforcement hearings and hearings on actions of limited local concern".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-60 - Judicial review of administrative actions.

A. Any person adversely affected by an action taken by the board after review pursuant to the provisions of Section 60-2E-59 NMSA 1978 may appeal the action to the court of appeals within thirty days after the date the action is taken. The appeal shall be on the record made at the hearing. To support his appeal, the appellant shall make arrangements with the board for a sufficient number of transcripts of the record of the hearing on which the appeal is based. The appellant shall pay for the preparation of the transcripts.
B. On appeal, the court of appeals shall set aside the administrative action only if it is found to be:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by substantial evidence in the whole record; or
(3) otherwise not in accordance with law.
History:
Laws 1997, ch. 190, § 62; 2002, ch. 102, § 16.
ANNOTATIONS
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
For scope of review of the district court,
see
Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
The 2002 amendment,
effective March 5, 2002, inserted the 30-day requirement in the first sentence of Subsection A.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-61 - Repealed.

History:
Laws 1997, ch. 190, § 63; 2002, ch. 102, § 17; repealed by Laws 2009, ch. 149, § 3.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 149, § 3 repealed 60-2E-61 NMSA 1978, as enacted by Laws 1997, ch. 190, § 63, relating to liens on winnings for debt collected by human services department, 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 2E - Gaming Control › Section 60-2E-62 - Crime; unlawful possession of gaming device.

A. It is unlawful for a person intentionally to possess an unlicensed or illegal gaming device, except that:
(1) a distributor licensee or a manufacturer licensee may possess an unlicensed gaming device while awaiting transfer of the gaming device to a gaming operator licensee for licensure; and
(2) a person may possess an unlicensed gaming device for the limited purposes provided for in Section 60-2E-13.1 NMSA 1978.
B. A person may possess an antique gambling device as defined in Subsection A of Section 30-19-1 NMSA 1978, provided the antique gambling device is not used in gambling.
C. A person violating this section is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978.
History:
Laws 2002, ch. 102, § 18.
ANNOTATIONS
Emergency clauses.
— Laws 2002, ch. 102, § 19 contained an emergency clause and was approved March 5, 2002.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-1 - Short title.

Sections 1 through 26 of this act may be cited as the "New Mexico Bingo and Raffle Act".
History:
Laws 2009, ch. 81, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-2 - Purpose.

The purpose of the New Mexico Bingo and Raffle Act is to authorize and regulate certain games of chance by licensed nonprofit organizations.
History:
Laws 2009, ch. 81, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-3 - Gaming control board to administer act.

The gaming control board shall implement the state's policy on games of chance consistent with the provisions of the New Mexico Bingo and Raffle Act. It shall fulfill all duties assigned to it pursuant to the New Mexico Bingo and Raffle Act, and it shall have the authority necessary to carry out those duties.
History:
Laws 2009, ch. 81, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-5 - Application of act.

The New Mexico Bingo and Raffle Act applies to:
A. unless exempted pursuant to Section 26 [60-2F-26 NMSA 1978] of that act, qualified organizations that conduct games of chance and the games of chance conducted by the qualified organizations;
B. persons who provide equipment to qualified organizations for use or play of games of chance in New Mexico; and
C. persons who manufacture, fabricate, assemble, produce, program or make modifications to equipment for use or play of games of chance in New Mexico or for sale or distribution outside of New Mexico.
History:
Laws 2009, ch. 81, § 5.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-6 - Board; powers.

The board may:
A. grant, deny, suspend, condition or revoke licenses or permits issued pursuant to the New Mexico Bingo and Raffle Act, establish the terms for each classification of license to be issued pursuant to that act and set fees for submitting an application for a license;
B. compel the production of documents, books and tangible items, including documents showing the receipts and disbursements of a licensee;
C. investigate the operations of a licensee and place a designated representative on the premises for the purpose of observing compliance with the New Mexico Bingo and Raffle Act and rules or orders of the board;
D. summon witnesses;
E. take testimony under oath for the effective discharge of the board's authority;
F. appoint a hearing officer to conduct hearings required by the New Mexico Bingo and Raffle Act or rules adopted pursuant to that act;
G. make rules to hold, conduct and operate all games of chance held in the state except those specifically exempted under the New Mexico Bingo and Raffle Act;
H. adopt rules to implement the New Mexico Bingo and Raffle Act and to ensure that games of chance conducted in New Mexico are conducted with fairness and that the participants and patrons are protected against illegal practices on any premises;
I. determine qualifications for licensees;
J. establish a system of standard operating procedures for licensees;
K. adopt rules establishing a system of licensing distributors and manufacturers and licensing and governing qualified organizations;
L. adopt rules establishing a system of permits for individuals designated as bingo managers, bingo callers and such other bingo employees as the board requires;
M. require a statement under oath by the applicant for a license to be issued pursuant to the New Mexico Bingo and Raffle Act that the information on the application is true;
N. inspect any games of chance being conducted;
O. make on-site inspections of premises where games of chance are being held;
P. inspect all equipment used for games of chance;
Q. regulate the monetary value of prizes to be awarded for games of chance;
R. require disclosure of information sufficient to make a determination of the suitability of an applicant for a license or permit to be issued pursuant to the New Mexico Bingo and Raffle Act;
S. adopt and enforce all rules necessary to implement and administer the provisions of the New Mexico Bingo and Raffle Act; and
T. provide an annual report to the governor regarding the board's administration of the New Mexico Bingo and Raffle Act.
History:
Laws 2009, ch. 81, § 6.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-7 - Organizations eligible for bingo licenses.

A. Any qualified organization is eligible to apply for a bingo license to be issued by the board under the New Mexico Bingo and Raffle Act.
B. The New Mexico state fair:
(1) may apply to the board for and shall be issued a bingo license pursuant to the New Mexico Bingo and Raffle Act to conduct games of chance on the grounds of the New Mexico state fair during the state fair; and
(2) shall pay a licensing fee to the board of one hundred dollars ($100) per calendar year at the time of application for or renewal of a license issued pursuant to the New Mexico Bingo and Raffle Act.
C. A qualified organization may conduct a raffle on the grounds of the New Mexico state fair during the state fair only after obtaining express prior approval of the state fair commission and the board.
History:
Laws 2009, ch. 81, § 7.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-8 - Classifications of licenses and permits.

A. The board shall establish and may issue the following categories of licenses:
(1) bingo license;
(2) distributor's license; and
(3) manufacturer's license.
B. The board shall establish and may issue permits for the following employees:
(1) bingo manager;
(2) bingo caller; and
(3) any other bingo employee position for which the board, by rule, requires a permit.
History:
Laws 2009, ch. 81, § 8.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-9 - Disclosure of background information.

A. The board may require an applicant for a license or permit to be issued pursuant to the New Mexico Bingo and Raffle Act to disclose information sufficient for the board to make a determination as to the applicant's suitability. The board may adopt rules to coordinate the manner in which the information is produced.
B. An applicant shall provide all of the information required by the board.
C. The cost of a background investigation, not to exceed one hundred dollars ($100), shall be paid by the applicant.
History:
Laws 2009, ch. 81, § 9.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-10 - Application for licenses or permits.

A. Each applicant for a license or permit to be issued under the New Mexico Bingo and Raffle Act shall file with the board a written application in the form prescribed by the board, duly executed and verified and containing:
(1) the name and address of the applicant;
(2) if not an individual, sufficient facts relating to its incorporation or organization to enable the board to determine whether or not the applicant is qualified and the names and addresses of its officers, members of the board of directors and managers;
(3) such other information deemed necessary by the board to ensure that the applicant complies with the provisions of the New Mexico Bingo and Raffle Act and rules adopted pursuant to that act; and
(4) an affirmation signed by the applicant or the applicant's agent that the information contained in the application is true and accurate. The application shall be signed by the applicant or the applicant's agent, and the signature shall be notarized.
B. In addition to the requirements of Subsection A of this section, each applicant for a bingo license shall provide the board with the following:
(1) the names of the bingo manager, the bingo caller and the game accountant, and a statement from those persons that they shall be responsible for the holding, operation and conduct of games of chance in accordance with the terms of the license and the provisions of the New Mexico Bingo and Raffle Act;
(2) sufficient facts relating to the organization to enable the board to determine whether or not it is a qualified organization;
(3) the exact location at which the applicant will conduct bingo and pull-tabs;
(4) the specific kind of games of chance intended to be conducted; and
(5) whether the premises are owned or leased and, if leased, the name and address of the fee owner of the land or, if the owner is a corporation, the names of the directors and members of the board of directors.
C. The failure to accurately and truthfully provide the information required in Subsection A or B of this section is a violation of the New Mexico Bingo and Raffle Act and shall subject the applicant to the provisions of Sections 14 [60-2F-14 NMSA 1978], 23 [60-2F-23 NMSA 1978] and 25 [60-2F-25 NMSA 1978] of that act.
History:
Laws 2009, ch. 81, § 10.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-11 - Standards for granting a license or permit.

A. An application for a bingo license shall not be granted unless the applicant is a qualified organization and is authorized to do business in New Mexico.
B. An application for a manufacturer's license or a distributor's license shall not be granted unless the applicant is qualified to do business in New Mexico.
C. An application for a permit shall not be granted if the applicant has been convicted of a felony offense or a violation of the New Mexico Bingo and Raffle Act within ten years of the date of application.
D. The board may establish by rule additional qualifications for a licensee or permittee as it deems in the public interest.
History:
Laws 2009, ch. 81, § 11.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-12 - Licenses and permits; specific requirements.

A. A license issued pursuant to the New Mexico Bingo and Raffle Act shall be valid for three years and may be renewed for successive three-year terms.
B. A permit issued pursuant to the New Mexico Bingo and Raffle Act shall be valid for three years from the date of issuance and may be renewed for successive three-year terms.
C. A license or permit or a renewal of a license or permit is not transferable.
History:
Laws 2009, ch. 81, § 12.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-13 - Fees for licenses and permits; disposition of revenue.

A. Fees for licenses and permits issued pursuant to the New Mexico Bingo and Raffle Act shall be established by board rule but shall not exceed the following amounts:
(1) bingo license, five hundred dollars ($500) for the initial license and five hundred dollars ($500) for each renewal;
(2) manufacturer's license, five hundred dollars ($500) for the initial license and five hundred dollars ($500) for each renewal;
(3) distributor's license, five hundred dollars ($500) for the initial license and five hundred dollars ($500) for each renewal; and
(4) permit, seventy-five dollars ($75.00) for the initial permit and seventy-five dollars ($75.00) for each renewal.
B. All administrative receipts, including license and permit fees, collected pursuant to the New Mexico Bingo and Raffle Act shall be deposited in the general fund.
History:
Laws 2009, ch. 81, § 13.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-14 - Forfeiture of license; ineligibility to apply for license or permit.

Any person who makes a material false statement in an application for a license or permit to be issued pursuant to the New Mexico Bingo and Raffle Act or in any statement submitted with the application, fails to keep sufficient books and records to substantiate the quarterly reports required under Section 19 [60-2F-19 NMSA 1978] of the New Mexico Bingo and Raffle Act, falsifies any books or records insofar as they relate to a transaction connected with the holding, operating and conducting of a game of chance under any such license or permit or violates any of the provisions of the New Mexico Bingo and Raffle Act or of any term of the license or permit, in addition to any other criminal or civil penalties that may be imposed, may, at the option of the board, be required to forfeit any license issued under that act and be ineligible to apply for a license under that act for at least one year thereafter.
History:
Laws 2009, ch. 81, § 14.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-15 - Persons permitted to conduct bingo games; premises.

A. The officers of a bingo licensee shall designate a bingo manager to be in charge and primarily responsible for the conduct of all games of bingo. The bingo manager shall supervise all bingo activities on the occasion for which the bingo manager is in charge. The bingo manager shall be familiar with the provisions of the state laws, the rules of the board and the provisions of the bingo license. The bingo manager shall be present on the premises continuously during the bingo games and for a period of at least thirty minutes after the last bingo game.
B. The bingo manager shall designate a game accountant to be primarily responsible for the proper preparation of the quarterly reports in accordance with the New Mexico Bingo and Raffle Act.
C. For a bingo game, the bingo manager shall designate a bingo caller to be responsible for drawing and announcing the bingo numbers.
D. The premises where any game of chance is being held, operated or conducted or where it is intended that any equipment be used shall at all times be open to inspection by the board and its agents and employees and by peace officers of the state or any political subdivision of the state.
E. No owner or co-owner of the premises or, if a corporation is the owner of the premises, any officer, director or stockholder owning more than ten percent of the outstanding stock shall be designated as a bingo manager, a game accountant or a bingo caller.
History:
Laws 2009, ch. 81, § 15; 2019, ch. 161, § 1.
ANNOTATIONS
The 2019 amendment,
effective April 2, 2019, removed the provision's application to pull-tab games; in the section heading, after "bingo", deleted "and pull-tab"; in Section A, after "all games of bingo", deleted "and pull-tabs", after "supervise all", added "bingo", after "during the", added "bingo", and after "the last", added "bingo".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-15.1 - Persons permitted to conduct pull-tab games; premises.

A. Only a veterans' or fraternal organization or a 501(c)(3) organization that is a bingo licensee may operate pull-tab dispensers when the organization is not concurrently operating a bingo occasion.
B. The bingo licensee shall designate a bingo manager to be in charge and primarily responsible for the conduct of all games of pull-tabs. The bingo manager shall supervise all activities for which the bingo manager is in charge. The bingo manager shall be familiar with the provisions of the state laws, the rules of the board and the provisions of the bingo license. The bingo manager need not be present on the premises continuously while a veterans' or fraternal organization or a 501(c)(3) organization that is a bingo licensee is operating pull-tab games.
C. The bingo manager shall designate a game accountant to be primarily responsible for the proper preparation of the quarterly reports in accordance with the New Mexico Bingo and Raffle Act.
D. The premises where any game of chance is being held, operated or conducted, or where it is intended that any equipment be used, shall at all times be open to inspection by the board and its agents and employees and by peace officers of the state or any political subdivision of the state.
E. No owner or co-owner of the premises or, if a corporation is the owner of the premises, any officer, director or stockholder owning more than ten percent of the outstanding stock, shall be designated as a bingo manager or a game accountant.
F. Nothing in this section shall authorize a veterans' or fraternal organization or a 501(c)(3) organization to engage in class III gaming.
G. As used in this section, "501(c)(3) organization" means an organization that demonstrates to the taxation and revenue department that it has been granted exemption from the federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended or renumbered.
History:
1978 Comp., § 60-2F-15.1, enacted by Laws 2019, ch. 161, § 2.
ANNOTATIONS
Cross references.
— For Section 501(c)(3) of the Internal Revenue Code of 1986,
see
26 U.S.C. § 501(c)(3).
Emergency clauses.
— Laws 2019, ch. 161, § 3 contained an emergency clause and was approved April 2, 2019.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-16 - Display of license.

Each license issued pursuant to the New Mexico Bingo and Raffle Act shall contain a statement of the name and address of the licensee, date of issuance and date of expiration. Any such license issued for the conduct of any games of bingo or pull-tab shall be conspicuously displayed at the place where the games are to be conducted.
History:
Laws 2009, ch. 81, § 16.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-17 - Equipment.

A. No bingo or pull-tab game shall be conducted with any equipment except that which is purchased or leased from a licensed distributor or manufacturer or another bingo licensee.
B. The equipment used in the playing of a bingo or pull-tab game and the method of play shall be such that each bingo card or pull-tab has an equal opportunity to be a winner. The objects or balls to be drawn shall be essentially the same as to size, shape, weight, balance and all other characteristics that may influence their selection.
C. Electronic bingo machines and video pull-tabs are not authorized for use on the premises.
History:
Laws 2009, ch. 81, § 17.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-18 - Conduct of games of chance.

A. For games of bingo:
(1) a bingo licensee may hold, operate or conduct no more than two hundred sixty occasions in any twelve-month period;
(2) occasions shall not be conducted more than six times in any one calendar week, with no occasion lasting more than four hours and not more than three occasions conducted in one calendar day by any one licensee;
(3) when any merchandise prize is awarded in a bingo game, its value shall be its current retail price. No merchandise prize shall be redeemable or convertible into cash;
(4) the aggregate amount of all prizes offered or given in all bingo games played on a single occasion shall not exceed two thousand five hundred dollars ($2,500), exclusive of pull-tabs, raffles and door prizes;
(5) all objects or balls to be used in a game shall be present in the receptacle before the game is begun. All numbers announced shall be plainly and clearly audible to all the players present. Where more than one room is used for any one game, the receptacle and the bingo caller shall be present in the room where the greatest number of players are present, and all numbers announced shall be plainly audible to the players in that room and also audible to the players in the other rooms;
(6) the receptacle and the bingo caller who removes the objects or balls from the receptacle shall be visible to all the players at all times except where more than one room is used for any one game, in which case the provisions of Paragraph (5) of this subsection shall prevail;
(7) the particular arrangement of numbers required to be covered in order to win the game and the amount of the prize shall be clearly and audibly described and announced to the players immediately before each game is begun;
(8) any player is entitled to call for a verification of all numbers drawn at the time a winner is determined and for a verification of the objects or balls remaining in the receptacle and not yet drawn. The verification shall be made in the immediate presence of the bingo manager; and
(9) no person who is not physically present on the premises where the game is actually conducted shall be allowed to participate as a player in the game.
B. For a raffle:
(1) all raffle tickets sold shall be represented in the container from which the winner is drawn;
(2) the drawing shall be open to the public;
(3) each raffle ticket shall display all information as directed by the board; and
(4) when any merchandise prize is awarded in a raffle, its value shall be its current retail price. No merchandise prize shall be redeemable or convertible into cash.
C. For games of pull-tabs:
(1) pull-tabs shall be sold only on the premises;
(2) winners shall be paid only on the premises; and
(3) when any merchandise prize is awarded in a pull-tab game, its value shall be its current retail price. No merchandise prize shall be redeemable or convertible into cash.
History:
Laws 2009, ch. 81, § 18.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-19 - Quarterly reports required; accounting requirements.

A. On or before April 25, July 25, October 25 and January 25, the game accountant shall file with the board, upon forms prescribed by the board, a duly verified statement covering the preceding calendar quarter showing the amount of the gross receipts derived during that period from games of chance, the total amount of prizes paid, the name and address of each person to whom has been paid six hundred dollars ($600) or more and the purpose of the expenditure, the gross receipts derived from each game of chance and the uses to which the net proceeds have been or are to be applied. It is the duty of each bingo licensee to maintain and keep the books and records necessary to substantiate the particulars of each report.
B. If a bingo licensee fails to file reports within the time required or if the reports are not properly verified or not fully, accurately and truthfully completed, the licensee is subject to disciplinary action, including a suspension, until the default has been corrected.
C. All money collected or received from the sale of admission, extra regular cards, special game cards, sale of supplies and all other receipts from the games of chance shall be deposited in a bingo and raffle operating account of the bingo licensee that shall contain only such money. All expenses for the game shall be withdrawn from the account by consecutively numbered checks duly signed by specified officers of the licensee and payable to a specific person or organization. There shall be written on the check the nature of the expense for which the check is drawn.
D. No check shall be drawn to "cash" or a fictitious payee.
E. No portion of any contribution to lawful purposes, after it has been given over to another organization, shall be returned to the donor organization.
History:
Laws 2009, ch. 81, § 19.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-20 - Expenses; compensation.

A. No item of expense shall be incurred or paid in connection with the holding, operating or conducting of a game of chance held, operated or conducted pursuant to a bingo license except bona fide expenses in reasonable amounts for goods, wares and merchandise furnished or services rendered reasonably necessary for the holding, operating or conducting of a game of chance. Bona fide expenses include expenditures for payroll, building and equipment rent, utilities, security, janitorial supplies, office supplies, equipment, insurance, bank charges, automated teller machine fees, legal fees, advertising, accounting fees, state and federal payroll-related taxes, state and federal gaming-related taxes and all other reasonable expenses necessary for the operation of games of chance.
B. A qualified organization desiring to retain the receipts derived from games of chance in the bingo and raffle operating account and for a period longer than one year shall apply to the board for special permission and, upon good cause shown, the board shall grant the request.
History:
Laws 2009, ch. 81, § 20.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-21 - Tax imposition.

A. A bingo and raffle tax equal to one-half percent of the gross receipts of any game of chance held, operated or conducted for or by a qualified organization shall be imposed on the qualified organization.
B. No other state or local gross receipts tax shall apply to a qualified organization's receipts generated by a game of chance authorized by the New Mexico Bingo and Raffle Act.
C. The tax imposed pursuant to this section shall be submitted quarterly to the taxation and revenue department on or before April 25, July 25, October 25 and January 25.
D. The taxation and revenue department shall administer the tax imposed in this section pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978].
History:
Laws 2009, ch. 81, § 21.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-22 - Violation of act.

A. Unless exempted pursuant to Section 26 [60-2F-26 NMSA 1978] of the New Mexico Bingo and Raffle Act, it is a violation of that act for a qualified organization to hold a game of bingo or pull-tabs for profit or gain in any manner unless the person has been issued a bingo license by the board and has been authorized by the board to hold the game of chance.
B. It is a violation of the New Mexico Bingo and Raffle Act for a person who does not manufacture, fabricate, assemble, produce, program or make modifications to equipment to provide equipment to a qualified organization for use or play of games of chance in New Mexico unless the person has been issued a distributor's license pursuant to that act.
C. It is a violation of the New Mexico Bingo and Raffle Act for a person to manufacture, fabricate, assemble, produce, program or make modifications to equipment for use or play of games of chance in New Mexico or for sale or distribution outside of New Mexico unless the person has been issued a manufacturer's license pursuant to that act.
D. It is a violation of the New Mexico Bingo and Raffle Act for a person to act as a bingo manager, a bingo caller or any other bingo employee position for which the board, by rule, requires a permit unless the person has been issued a permit pursuant to that act.
History:
Laws 2009, ch. 81, § 22.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-24 - Appeals.

A. The decision of the board in denying, suspending or revoking any license or permit issued pursuant to the New Mexico Bingo and Raffle Act or imposing any fine shall be subject to review. A licensee or permittee aggrieved by a decision of the board may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
B. No proceeding to vacate, reverse or modify any final order rendered by the board shall operate to stay the execution or effect of any final order unless the district court, on application and three days' notice to the board, allows the stay. In the event a stay is ordered, the petitioner shall be required to execute the petitioner's bond in a sum the court may prescribe, with sufficient surety to be approved by the judge or clerk of the court, which bond shall be conditioned upon the faithful performance by the petitioner of the petitioner's obligation as a licensee or permittee and upon the prompt payment of all damages arising from or caused by the delay in the taking effect or enforcement of the order complained of and for all costs that may be assessed or required to be paid in connection with the proceedings.
History:
Laws 2009, ch. 81, § 24.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-25 - Duty to enforce act; criminal penalties.

A. It is the duty of all law enforcement officers to enforce the provisions of the New Mexico Bingo and Raffle Act. It is the duty of the district attorney of the county in which a violation is committed to prosecute such violation of that act in the manner and form as is now provided by law for the prosecutions of crimes and misdemeanors.
B. A licensee, a permittee or an officer, agent or employee of a licensee or any other person who willfully violates or who procures, aids or abets in the willful violation of the New Mexico Bingo and Raffle Act is guilty of a misdemeanor and, upon conviction thereof:
(1) for a first offense, shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or both; or
(2) for a subsequent offense, shall be punished by a fine of not more than two thousand five hundred dollars ($2,500) or by imprisonment for not more than one year, or both.
History:
Laws 2009, ch. 81, § 25.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2F - New Mexico Bingo and Raffle › Section 60-2F-26 - Exemptions.

A. Except as provided in Subsection B of this section, nothing in the New Mexico Bingo and Raffle Act shall be construed to apply to:
(1) a drawing or a prize at a fair or fiesta held in New Mexico under the sponsorship or authority of the state or any of its political subdivisions, or for the benefit of a religious organization situated in this state or for charitable purposes when all the proceeds of the sale or drawing shall be expended within New Mexico for the benefit of that political subdivision, religious organization or charitable purpose; or
(2) a bingo or a raffle held by a qualified organization that holds no more than one bingo occasion or one raffle in any three consecutive calendar months and not exceeding four occasions in one calendar year.
B. Notwithstanding the provisions of Subsection A of this section, no raffle with an individual prize exceeding seventy-five thousand dollars ($75,000) shall be held without a ten-day prior notification to the board of the conduct of the event and a subsequent notification to the board of the names, addresses and phone numbers of all prize winners.
C. Nothing in the New Mexico Bingo and Raffle Act shall be construed to apply to a lottery established and operated pursuant to the New Mexico Lottery Act [Chapter 6, Article 24 NMSA 1978] or gaming that is licensed and operated pursuant to the Gaming Control Act [Chapter 60, Article 2E NMSA 1978].
History:
Laws 2009, ch. 81, § 26.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 81, § 31 made the act effective July 1, 2009.
Temporary provisions.
— Laws 2009, ch. 81, § 29, provided that:
A. On the effective date of this act, a licensee under the Bingo and Raffle Act shall, for all purposes, be considered to be a licensee under the New Mexico Bingo and Raffle Act until the term of the license expires, at which time the license may be renewed under the New Mexico Bingo and Raffle Act.
B. Any taxes, fines, civil penalties or other obligations owed under the Bingo and Raffle Act on the effective date of this act shall be owed and enforceable under the New Mexico Bingo and Raffle Act.
C. Notwithstanding the repeal of the Bingo and Raffle Act, any violation of that act prior to its repeal may be investigated and prosecuted pursuant to the provisions of that act unless otherwise prohibited by law.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 3 - General Provisions (Repealed.) › Section 60-3-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 39, § 128, repealed 60-3-1 and 60-3-2 NMSA 1978, relating to general provisions concerning the Liquor Control Act, effective July 1, 1981. For present provisions,
see
60-3A-1 to 60-3A-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 3A - General Provisions › Section 60-3A-4 - Storage permitted.

Nothing in the Liquor Control Act shall be construed to prohibit the storage of alcoholic beverages in bona fide public warehouses or guardian warehouses by nonresident licensees or wholesalers for usual and ordinary commercial purposes.
History:
Laws 1981, ch. 39, § 72.