2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-4 - Commission; powers; duties. (Repealed effective July 1, 2028.)

A. The commission may:
(1) grant, deny, suspend or revoke occupational licenses, secondary licenses and racetrack licenses, establish the terms for each classification of a racetrack license and set fees for submitting an application for a license;
(2) exclude or compel the exclusion of a person from all horse racetracks who the commission deems detrimental to the best interests of horse racing or who willfully violates the Horse Racing Act, a rule or order of the commission or a law of the United States or New Mexico;
(3) compel the production of documents, books and tangible items, including documents showing the receipts and disbursements of a racetrack licensee;
(4) investigate the operations of a licensee and place a designated representative on the licensed premises of a racetrack licensee for the purpose of observing compliance with the Horse Racing Act and rules or orders of the commission;
(5) employ staff as required to administer the Horse Racing Act and employ staff with basic law enforcement training to be stationed at racetracks to maintain peace and order, enforce the law, conduct investigations and enforce the Horse Racing Act or rules or orders of the commission; provided that staff employed with law enforcement training may not carry firearms or other deadly weapons while on duty for the commission;
(6) summon witnesses;
(7) administer oaths for the effective discharge of the commission's authority; and
(8) appoint a hearing officer to conduct hearings required by the Horse Racing Act or a rule adopted pursuant to that act.
B. The commission shall:
(1) make rules to hold, conduct and operate all race meets and horse races held in the state and to identify and assign racing dates;
(2) require the following information for each applicant on an application for a license:
(a) the full name, address and contact information of the applicant, and if the applicant is a corporation, the name of the state of incorporation and the names, addresses and contact information of officers, members of the board of directors and managers of the corporation;
(b) the exact location at which the applicant desires to conduct a horse race or race meet;
(c) whether the horse racetrack is owned or leased, and, if leased, the name and residence of the fee owner of the land or, if the owner is a corporation, the names of the directors and stockholders;
(d) a statement of the assets and liabilities of the person or corporation making the application;
(e) the kind of racing to be conducted;
(f) the beginning and ending dates desired for the race meet and the days during that time period when horse races are to be scheduled; and
(g) other information determined by the commission to be necessary to assess the potential for success of the applicant;
(3) require a statement under oath by the applicant that the information on the application is true;
(4) supervise and oversee the making of pari-mutuel pools and the distribution from those pools;
(5) make on-site inspections of horse racetracks in New Mexico at reasonable intervals;
(6) approve all improvements proposed to be completed on the licensed premises of a horse racetrack, including extensions, additions or improvements of buildings, stables or tracks;
(7) monitor and oversee the pari-mutuel machines and equipment at all horse races or race meets held in the state;
(8) approve contracts for simulcasting, pari-mutuel wagering and capital improvements funded pursuant to Section 60-1A-20 NMSA 1978 entered into by horse racetracks;
(9) regulate the size of the purses to be offered at horse races run in the state;
(10) require background investigations of employees of a racetrack licensee as set forth in the rules of the commission; and
(11) provide an annual report to the governor regarding the commission's administration of horse racing in the state.
History:
Laws 2007, ch. 39, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
Cross references.
— For continuation of terms of commissions,
see
60-1A-30 NMSA 1978.
For rule-making authority of racing commission,
see
60-1A-4 NMSA 1978.
For Uniform Parentage Act,
see
40-11-1 NMSA 1978 et seq.
Commission's determinations deemed final, not ministerial.
— The legislature would not have taken such great pains to provide for the selection of qualified persons to constitute the commission's membership were the commission to perform solely ministerial acts. The legislature not only provided for the selection of persons eminent in their field and gave them authority to grant and/or refuse and revoke licenses, but further provided in Section 60-1-9 NMSA 1978 (now Section 60-1A-11 NMSA 1978) that the commission's determinations should be final and conclusive and not subject to any appeal.
Ross v. State Racing Comm'n
, 1958-NMSC-117, 64 N.M. 478, 330 P.2d 701 (decided under former law).
Racing commission has broad and sweeping powers.
— The legislature in its wisdom intended to confer broad discretionary powers of licensing upon the commission as an expert body.
Ross v. State Racing Comm'n
, 1958-NMSC-117, 64 N.M. 478, 330 P.2d 701 (decided under former law).
Commission deemed to have acted arbitrarily.
— Having requested no financial information and the statutory provisions requiring none, the commission acted arbitrarily in making the finding that there was no sufficient showing that the enterprise would be a financial success, upon which it based the denial of petitioners' license. The petitioners should have been afforded the opportunity to submit financial or other necessary information so that the commission could properly exercise its discretion in granting or refusing a license.
Ross v. State Racing Comm'n
, 1958-NMSC-117, 64 N.M. 478, 330 P.2d 701 (decided under former law).
Strict liability may be imposed
by the state as a right to participate in horse races or to hold a license to do so.
Sanderson v. N.M. State Racing Comm'n
, 1969-NMSC-031, 80 N.M. 200, 453 P.2d 370 (decided under former law).
Authority of commission to prevent drug use.
— Since the risk is so great that a race might be conducted unfairly when a horse has drugs in its body, the commission in its discretion can provide that the urine or other sample be totally free of drugs under the authority of this section.
Sanderson v. N.M. State Racing Comm'n
, 1969-NMSC-031, 80 N.M. 200, 453 P.2d 370 (decided under former law).
License deemed privilege and not vested property right subject to due process.
— The state may prescribe strict liability under which it will grant a licensee to participate therein, the terms of compliance by rules and regulations promulgated by the commission and likewise the terms under which the license may be suspended or revoked. A license is a privilege and not a right within the meaning of the due process clause of the state and federal constitutions and in it licensees have no vested property rights.
Sanderson v. N.M. State Racing Comm'n
, 1969-NMSC-031, 80 N.M. 200, 453 P.2d 370 (decided under former law).
State racing commission has no common-law or inherent powers
and can act only as to those matters which are within the scope of its delegated authority. 1979 Op. Att'y Gen. No. 79-15 (rendered under former law).
Commission not authorized to issue free passes.
— The commission might require that licensed tracks charge no admission fee, or that they charge no admission fee for certain groups or at certain times or that they offer some other kind of promotional program, but it cannot be fairly inferred that the commission itself is authorized to issue free passes. 1979 Op. Att'y Gen. No. 79-15 (rendered under former law).
Commission may allow race meet to occur at two different locations.
— The commission is not prohibited from allowing a race meet to occur at two different locations, and may approve a licensee's application for a race meet that begins at one of the licensee's facilities and concludes at another of the licensee's facilities. 1987 Op. Att'y Gen. No. 87-78 (rendered under former law).
Commission may hire husband and wife
to carry on the duties of the commission so long as no such employee is related to the commission within the degree of consanguinity prohibited by Section 10-1-10 NMSA 1978. 1951 Op. Att'y Gen. No. 51-5424 (rendered under former law).
Commission has no implied authority to acquire real estate
and erect buildings for its own use, nor may it use surplus funds for maintenance of a state fair race track. 1954 Op. Att'y Gen. No. 54-5914 (rendered under former law).
Withholding taxes for "seasonal" employees.
— The state racing commission is responsible for withholding tax and social security tax on fees paid to "seasonal" employees. 1957 Op. Att'y Gen. No. 57-230 (rendered under former law).
State racing commission has broad and sweeping powers
to regulate horse racing and wagering thereon. 1963 Op. Att'y Gen. No. 63-115 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 27A Am. Jur. 2d Entertainment and Sports Law § 10.
Judicial review of administrative ruling affecting conduct or outcome of publicly regulated horse, dog, or motor vehicle race, 36 A.L.R.4th 1169.
30A C.J.S. Entertainment and Amusement § 26 et seq.