reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-10 - Executive director; powers; duties.

A. The executive director shall implement the policies of the board.
B. The executive director shall employ all personnel who work for the board. The employees shall be covered employees pursuant to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]. Among those personnel, he shall employ and designate an appropriate number of individuals as law enforcement officers subject to proper certification pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978].
C. The executive director shall establish organizational units he determines are appropriate to administer the provisions of the Gaming Control Act.
D. The executive director:
(1) may delegate authority to subordinates as he deems necessary and appropriate, clearly delineating the delegated authority and the limitations on it, if any;
(2) shall take administrative action by issuing orders and instructions consistent with the Gaming Control Act and regulations of the board to assure implementation of and compliance with the provisions of that act and those regulations;
(3) may issue administrative citations to any licensee upon a reasonable belief that the licensee has violated or is violating any provision of the Gaming Control Act or regulations of the board;
(4) may conduct research and studies that will improve the operations of the board and the provision of services to the citizens of the state;
(5) may provide courses of instruction and practical training for employees of the board and other persons involved in the activities regulated by the board with the objectives of improving operations of the board and achieving compliance with the law and regulations;
(6) shall prepare an annual budget for the board and submit it to the board for approval; and
(7) shall make recommendations to the board of proposed regulations and any legislative changes needed to provide better administration of the Gaming Control Act and fair and efficient regulation of gaming activities in the state.
History:
Laws 1997, ch. 190, § 12; 2002, ch. 102, § 6.
ANNOTATIONS
The 2002 amendment,
effective March 5, 2002, in Subsection D, added present Paragraph (3) and redesignated the remaining paragraphs accordingly.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-12 - Conflicts of interest; board; executive director; employees.

A. In addition to all other provisions of New Mexico law regarding conflicts of interest of state officials and employees, a member of the board, the executive director, an employee of the board or a person in the immediate family of or residing in the household of any of the foregoing persons, shall not:
(1) directly or indirectly, as a proprietor or as a member, stockholder, director or officer of a company, have an interest in a business engaged in gaming activities in this or another jurisdiction; or
(2) accept or agree to accept any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality or service having an aggregate value of one hundred dollars ($100) or more in any calendar year from a licensee or applicant.
B. If a member of the board, the executive director or a person in the immediate family of or residing in the household of a member of the board or the executive director violates a provision of this section, the member of the board or executive director shall be removed from office. A board member shall be removed by the governor, and the executive director shall be removed from the executive director's position by the board.
History:
Laws 1997, ch. 190, § 14; 2009, ch. 199, § 3.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, after "the executive director", added "an employee of the board".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-13.1 - Temporary possession of gaming device for limited purpose.

A. A public post-secondary educational institution may temporarily possess gaming devices for the limited purpose of providing instruction on the technical aspects of gaming devices to persons seeking certification as technicians qualified to repair and maintain gaming devices. A gaming device allowed for such limited use shall be subject to registration, transport, possession and use requirements and restrictions established in board regulations.
B. Trade shows and similar events for the purpose of demonstrating and marketing gaming devices may be conducted in the state at the discretion of the board. A gaming device allowed in the state for such limited use shall be subject to registration, transport, possession and use requirements and restrictions established in board regulations.
C. A person may possess an unlicensed gaming device used by the person for the purposes of testing or demonstration if that person is a manufacturer licensee or has obtained a waiver pursuant to the Gaming Control Act.
D. A person may possess a gaming device for the purpose of film or theater productions or other non-gaming purposes permitted by regulation of the board. Any gaming device allowed in the state for such limited use shall be subject to registration, transport, possession and use requirements and restrictions established in board regulations.
History:
Laws 2002, ch. 102, § 9; 2009, ch. 199, § 4.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, added Subsection D.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-15 - License, certification and work permit fees.

A. License and other fees shall be established by board regulation but shall not exceed the following amounts:
(1) manufacturer's license, twenty thousand dollars ($20,000) for the initial license and five thousand dollars ($5,000) for annual renewal;
(2) distributor's license, ten thousand dollars ($10,000) for the initial license and one thousand dollars ($1,000) for annual renewal;
(3) gaming operator's license for a racetrack, fifty thousand dollars ($50,000) for the initial license and ten thousand dollars ($10,000) for annual renewal;
(4) gaming operator's license for a nonprofit organization, one thousand dollars ($1,000) for the initial license and two hundred dollars ($200) for annual renewal;
(5) for each separate gaming machine licensed to a person holding an operator's license, five hundred dollars ($500) for the initial license and one hundred dollars ($100) for annual renewal; and
(6) work permit, one hundred dollars ($100) annually.
B. The board shall establish the fee for certifications or other actions by regulation, but no fee established by the board shall exceed one thousand dollars ($1,000), except for fees established pursuant to Paragraph (18) of Subsection C of Section 10 [60-2E-8 NMSA 1978] of the Gaming Control Act.
C. All license, certification or work permit fees shall be paid to the board at the time and in the manner established by regulations of the board.
History:
Laws 1997, ch. 190, § 17.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-18 - Eligibility requirements for companies.

In order to be eligible to receive a license, a company shall:
A. be incorporated or otherwise organized and in good standing in this state or incorporated or otherwise organized in another state, qualified to do business in this state and in good standing in this state and in the state of incorporation;
B. comply with all of the requirements of the laws of this state pertaining to the company;
C. maintain a ledger in the principal office of the company in this state, which shall:
(1) at all times reflect the ownership according to company records of every class of security issued by the company; and
(2) be available for inspection by the board at all reasonable times without notice; and
D. file notice of all changes of ownership of all classes of securities issued by the company with the board within thirty days of the change.
History:
Laws 1997, ch. 190, § 20.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-23 - Finding of suitability required for directors, officers and key executives; removal from position if found unsuitable; suspension of suitability by board.

A. Each officer, director and key executive of a holding company, intermediary company or publicly traded corporation who the board determines is or is to become actively and directly engaged in the administration or supervision of, or in any other significant involvement with, the activities of the subsidiary licensee or applicant shall apply for a finding of suitability.
B. If any officer, director or key executive of a holding company, intermediary company or publicly traded corporation required to be found suitable pursuant to Subsection A of this section fails to apply for a finding of suitability within thirty days after being requested to do so by the board, or is not found suitable by the board, or if his finding of suitability is revoked after appropriate findings by the board, the holding company, intermediary company or publicly traded corporation shall immediately remove that officer, director or key executive from any office or position in which the person is engaged in the administration or supervision of, or any other involvement with, the activities of the certified subsidiary until the person is thereafter found to be suitable. If the board suspends the finding of suitability of any officer, director or key executive, the holding company, intermediary company or publicly traded corporation shall immediately and for the duration of the suspension suspend that officer, director or key executive from performance of any duties in which he is actively and directly engaged in the administration or supervision of, or any other involvement with, the activities of the subsidiary licensee.
History:
Laws 1997, ch. 190, § 25; 1999, ch. 251, § 4; 2002, ch. 102, § 11.
ANNOTATIONS
The 2002 amendment,
effective March 5, 2002, substituted "who" for "that" in Subsection A.
The 1999 amendment,
effective June 18, 1999, purported to amend this section but made no change.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-24 - Suitability of individuals acquiring beneficial ownership of voting security in publicly traded corporation; report of acquisition; application; prohibition.

A. Each person who, individually or in association with others, acquires, directly or indirectly, beneficial ownership of five percent or more of any voting securities in a publicly traded corporation registered with the board may be required to be found suitable if the board has reason to believe that the acquisition of the ownership would otherwise be inconsistent with the declared policy of this state.
B. Each person who, individually or in association with others, acquires, directly or indirectly, beneficial ownership of five percent or more of any class of voting securities of a publicly traded corporation certified by the board shall notify the board within ten days after acquiring such interest.
C. Each person who, individually or in association with others, acquires, directly or indirectly, the beneficial ownership of more than ten percent of any class of voting securities of a publicly traded corporation certified by the board shall apply to the board for a finding of suitability within thirty days after acquiring such interest.
D. Institutional investors that have been exempted from or have received a waiver of suitability requirements pursuant to regulations adopted by the board are not required to comply with this section.
E. Any person required by the board or by the provisions of this section to be found suitable shall apply for a finding of suitability within thirty days after the board requests that he do so.
F. Any person required by the board or the provisions of this section to be found suitable who subsequently is found unsuitable by the board shall not hold directly or indirectly the beneficial ownership of any security of a publicly traded corporation that is registered with the board beyond that period of time prescribed by the board.
G. The board may, but is not required to, deem a person qualified to hold a license or be found suitable as required by this section if the person currently holds a valid license issued by, or has been found suitable by, gaming regulatory authorities in another jurisdiction, provided that the board finds that the other jurisdiction has conducted a thorough investigation of the applicant and has criteria substantially similar to those of the board to determine when a person is to be found suitable or to obtain a license.
History:
Laws 1997, ch. 190, § 26.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-25 - Report of proposed issuance or transfer of ownership; report of change in corporate officers and directors; approval of board.

A. Before a company licensee, other than a publicly traded corporation, may issue or transfer five percent or more of its ownership to a person, it shall file a report of its proposed action with the board, which report shall request the approval of the board. The board shall have ninety days within which to approve or deny the request. If the board fails to act in ninety days, the request is deemed approved. If the board denies the request, the company shall not issue or transfer five percent or more of its securities to the person about whom the request was made.
B. A company licensee shall file a report of each change of the corporate officers and directors with the board within thirty days of the change. The board shall have ninety days from the date the report is filed within which to approve or disapprove such change. During the ninety-day period and thereafter, if the board does not disapprove the change, an officer or director is entitled to exercise all powers of the office to which the officer or director was elected or appointed.
C. A company licensee shall report to the board in writing a change in company personnel who have been designated as key executives. The report shall be made no later than thirty days after the change.
D. The board may require that a company licensee furnish the board with a copy of its federal income tax return within thirty days after the return is filed.
History:
Laws 1997, ch. 190, § 27; 2009, ch. 199, § 10.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, after "five percent or more of its", deleted "securities" and added "ownership".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-28 - Gaming operator licensees; special conditions for nonprofit organizations; number of gaming machines; days and hours of operations.

A. A nonprofit organization may be issued a gaming operator's license to operate licensed gaming machines on its premises to be played only by active and auxiliary members.
B. No more than fifteen gaming machines may be offered for play on the premises of a nonprofit organization gaming operator licensee.
C. A gaming machine on the premises of a nonprofit organization gaming operator licensee may not award a prize that exceeds ten thousand dollars ($10,000).
D. Gaming machines may be played on the premises of a nonprofit organization gaming operator licensee for any consecutive twelve hours per day that the licensee chooses.
History:
Laws 1997, ch. 190, § 30; 2002, ch. 107, § 1; 2023, ch. 154, § 1; 2023, ch. 173, § 1.
ANNOTATIONS
2023 Multiple Amendments
. — Laws 2023, ch. 154, § 1 and Laws 2023, ch. 173, § 1, both effective June 16, 2023, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2023, ch. 173, § 1 as the last act signed by the governor is set out above and incorporates both amendments. The amendments enacted by Laws 2023, ch. 154, § 1 and Laws 2023, ch. 173, § 1 are described below. To view the session laws in their entirety,
see
the 2023 session laws on
NMOneSource.com
.
The nature of the difference between the amendments is that Laws 2023, ch. 154, § 1, changed the operating hours for a nonprofit organization gaming operator licensee, and Laws 2023, ch. 173, § 1, increased the maximum award of a gaming machine on the premises of a nonprofit organization gaming operator licensee.
Laws 2023, ch. 173, § 1,
effective June 16, 2023, increased the maximum award of a gaming machine on the premises of a nonprofit organization gaming operator licensee; and in Subsection C, deleted "No" and added "A", after "may", added "not", and after "exceeds", deleted "four thousand dollars ($4,000)" and added "ten thousand dollars ($10,000)".
Laws 2023, ch. 154, § 1,
effective June 16, 2023, changed the operating hours for a nonprofit organization gaming operator licensee; in Subsection C, deleted "No" and added "A", and after "may", added "not"; and in Subsection D, after "gaming operator licensee", deleted "from 12:00 noon until 12:00 midnight every day" and added "for any consecutive twelve hours per day that the nonprofit chooses".
The 2002 amendment,
effective May 15, 2002, deleted former Subsection E, which prohibited the sale or consumption of alcoholic beverages in areas where gaming machines are located.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-29 - Licensing of manufacturers of gaming devices; exception; disposition of gaming devices.

A. It is unlawful for a person to operate, carry on, conduct or maintain any form of manufacturing of a gaming device or associated equipment for use or play in New Mexico or any form of manufacturing of a gaming device or associated equipment in New Mexico for use or play outside of New Mexico without first obtaining and maintaining a manufacturer's license.
B. If the board revokes a manufacturer's license:
(1) no new gaming device manufactured by the manufacturer may be approved for use in this state;
(2) any previously approved gaming device manufactured by the manufacturer is subject to revocation of approval if the reasons for the revocation of the license also apply to that gaming device;
(3) no new gaming device or associated equipment made by the manufacturer may be distributed, sold, transferred or offered for use or play in New Mexico; and
(4) any association or agreement between the manufacturer and a distributor licensee or gaming operator licensee in New Mexico shall be terminated.
C. An agreement between a manufacturer licensee and a distributor licensee or a gaming operator licensee in New Mexico shall be deemed to include a provision for its termination without liability for the termination on the part of either party upon a finding by the board that either party is unsuitable. Failure to include that condition in the agreement is not a defense in an action brought pursuant to this section to terminate the agreement.
D. A gaming device shall not be used and offered for play by a gaming operator licensee unless it is identical in all material aspects to a model that has been specifically tested and approved by:
(1) the board;
(2) a laboratory selected by the board; or
(3) gaming officials in Nevada or New Jersey for current use.
E. The board may inspect every gaming device that is manufactured:
(1) for use in New Mexico; or
(2) in New Mexico for use outside of New Mexico.
F. The board may inspect every gaming device that is offered for play within New Mexico by a gaming operator licensee.
G. The board may inspect all associated equipment that is manufactured and sold for use in New Mexico or manufactured in New Mexico for use outside of New Mexico.
H. In addition to all other fees and charges imposed pursuant to the Gaming Control Act, the board may determine, charge and collect from each manufacturer an inspection fee, which shall not exceed the actual cost of inspection and investigation.
I. The board may prohibit the use of a gaming device by a gaming operator licensee if it finds that the gaming device does not meet the requirements of this section.
History:
Laws 1997, ch. 190, § 31; 2009, ch. 199, § 13.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, made grammatical changes.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-30 - Licensing of distributors of gaming devices.

A. It is unlawful for any person to operate, carry on, conduct or maintain any form of distribution of any gaming device for use or play in New Mexico or any form of distribution of any gaming device in New Mexico for use or play outside of New Mexico without first obtaining and maintaining a distributor's or manufacturer's license.
B. If the board revokes a distributor's license:
(1) no new gaming device distributed by the person may be approved;
(2) any previously approved gaming device distributed by the distributor is subject to revocation of approval if the reasons for the revocation of the license also apply to that gaming device;
(3) no new gaming device or associated equipment distributed by the distributor may be distributed, sold, transferred or offered for use or play in New Mexico; and
(4) any association or agreement between the distributor and a gaming operator licensee shall be terminated. An agreement between a distributor licensee and a gaming operator licensee shall be deemed to include a provision for its termination without liability on the part of either party upon a finding by the board that the other party is unsuitable. Failure to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
C. The board may inspect every gaming device that is distributed for use in New Mexico.
D. In addition to all other fees and charges imposed by the Gaming Control Act, the board may determine, charge and collect from each distributor an inspection fee, which shall not exceed the actual cost of inspection and investigation.
History:
Laws 1997, ch. 190, § 32; 2002, ch. 102, § 12.
ANNOTATIONS
The 2002 amendment,
effective March 5, 2002, inserted "or any form of distribution of any gaming device in New Mexico for use or play outside of New Mexico" in Subsection A.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-31 - Suitability of certain persons furnishing services or property or doing business with gaming operators; termination of association.

A. The board may determine the suitability of any person who furnishes services or property to a gaming operator licensee under any arrangement pursuant to which the person receives compensation based on earnings, profits or receipts from gaming. The board may require the person to comply with the requirements of the Gaming Control Act and with the regulations of the board. If the board determines that the person is unsuitable, it may require the arrangement to be terminated.
B. The board may require a person to apply for a finding of suitability to be associated with a gaming operator licensee if the person:
(1) does business on the premises of a gaming establishment; or
(2) provides any goods or services to a gaming operator licensee for compensation that the board finds to be grossly disproportionate to the value of the goods or services.
C. If the board determines that a person is unsuitable to be associated with a gaming operator licensee, the association shall be terminated. Any agreement that entitles a business other than gaming to be conducted on the premises of a gaming establishment, or entitles a person other than a licensee to conduct business with the gaming operator licensee, is subject to termination upon a finding of unsuitability of the person seeking association with a gaming operator licensee. Every agreement shall be deemed to include a provision for its termination without liability on the part of the gaming operator licensee upon a finding by the board of the unsuitability of the person seeking or having an association with the gaming operator licensee. Failure to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within thirty days following demand or the unsuitable association is not terminated, the board may pursue any remedy or combination of remedies provided in the Gaming Control Act.
History:
Laws 1997, ch. 190, § 33.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-33 - Emergency orders of board.

The board may issue an emergency order for suspension, limitation or conditioning of a license, registration, finding of suitability or work permit or may issue an emergency order requiring a gaming operator licensee to exclude an individual licensee from the premises of the gaming operator licensee's gaming establishment or not to pay an individual licensee any remuneration for services or any profits, income or accruals on his investment in the licensed gaming establishment in the following manner:
A. an emergency order may be issued only when the board believes that:
(1) a licensee has willfully failed to report, pay or truthfully account for and pay over any fee imposed by the provisions of the Gaming Control Act or willfully attempted in any manner to evade or defeat any fee or payment thereof;
(2) a licensee or gaming employee has cheated at a game; or
(3) the emergency order is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare;
B. the emergency order shall set forth the grounds upon which it is issued, including a statement of facts constituting the alleged emergency necessitating such action;
C. the emergency order is effective immediately upon issuance and service upon the licensee or resident agent of the licensee or gaming employee or, in cases involving registration or findings of suitability, upon issuance and service upon the person or entity involved or resident agent of the entity involved; the emergency order may suspend, limit, condition or take other action in relation to the license of one or more persons in an operation without affecting other individual licensees or the gaming operator licensee. The emergency order remains effective until further order of the board or final disposition of the case; and
D. within five days after issuance of an emergency order, the board shall cause a complaint to be filed and served upon the person or entity involved; thereafter, the person or entity against whom the emergency order has been issued and served is entitled to a hearing before the board and to judicial review of the decision and order of the board in accordance with the provisions of the board's regulations.
History:
Laws 1997, ch. 190, § 35.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-34 - Exclusion or ejection of certain persons from gaming establishments; persons included.

A. The board shall by regulation provide for the establishment of a list of persons who are to be excluded or ejected from a gaming establishment. The list may include any person whose presence in the gaming establishment is determined by the board to pose a threat to the public interest or licensed gaming activities.
B. In making the determination in Subsection A of this section, the board may consider a:
(1) prior conviction for a crime that is a felony under state or federal law, a crime involving moral turpitude or a violation of the gaming laws of any jurisdiction;
(2) violation or conspiracy to violate the provisions of the Gaming Control Act relating to:
(a) the failure to disclose an interest in a gaming activity for which the person must obtain a license; or
(b) willful evasion of fees or taxes;
(3) notorious or unsavory reputation that would adversely affect public confidence and trust that the gaming industry is free from criminal or corruptive influences; or
(4) written order of any other governmental agency in this state or any other state that authorizes the exclusion or ejection of the person from an establishment at which gaming is conducted.
C. A gaming operator licensee has the right, without a list established by the board, to exclude or eject a person from its gaming establishment who poses a threat to the public interest or for any business reason.
D. Race, color, creed, national origin or ancestry, age, disability or sex shall not be grounds for placing the name of a person on the list or for exclusion or ejection under Subsection A or C of this section.
History:
Laws 1997, ch. 190, § 36.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-34.1 - Self-exclusion from gaming establishments; procedure; fines; confidentiality.

A. The board shall develop rules that permit a person who is a compulsive gambler to be voluntarily excluded from a gaming establishment.
B. Self-exclusion shall occur through written application made by the compulsive gambler to the board and shall be governed by the following provisions:
(1) self-exclusion shall be enforceable upon issuance of a self-exclusion order by the board to each applicable gaming establishment identified in the order;
(2) only the person who is the compulsive gambler may apply on that person's behalf;
(3) the application shall be submitted to the board;
(4) except for notification of the gaming establishments for which the self-exclusion order is effective and for notification for mailing list exclusion pursuant to this section, the application and the self-exclusion order shall be held confidential by employees of the board and a gaming operator licensee and its employees and key executives;
(5) a self-exclusion order may apply to one or more gaming establishments licensed pursuant to the Gaming Control Act;
(6) a self-excluded person, if present at a gaming establishment from which the person is excluded, shall forfeit the following to that gaming establishment, provided that all money or other property forfeited shall be used by the gaming establishment only to supplement the one-fourth percent of the net take of its gaming machines to fund or support programs for the treatment and assistance of compulsive gamblers pursuant to Subsection E of Section 60-2E-47 NMSA 1978:
(a) all winnings of the person obtained while present at the gaming establishment; and
(b) all credits, tokens or vouchers received by the person while present at the gaming establishment;
(7) a gaming establishment is immune from liability arising out of its efforts to exclude a person identified in a self-exclusion order; and
(8) a specific term shall be set for each self-exclusion order.
C. Notice shall be submitted by the board at least monthly to all gaming establishments listing all persons who are currently self-excluded and ordering the removal of their names from direct mail or electronic advertisement or promotional lists.
D. The state gaming representative may negotiate an agreement with each tribal casino in the state to allow the state to include tribal casinos in the self-exclusion orders.
History:
1978 Comp., § 60-2E-34.1 as enacted by Laws 2009, ch. 199, § 14.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 199 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-36 - Gaming employees; issuance of work permits; revocation of work permits.

A. A person shall not be employed as a gaming employee unless the person holds a valid work permit issued by the board.
B. A work permit shall be issued and may be revoked by the board as provided in regulations adopted by the board.
C. Any person whose work permit has been denied or revoked may seek judicial review.
History:
Laws 1997, ch. 190, § 38.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-37 - Age requirement for patrons and gaming employees.

A person under the age of twenty-one years shall not:
A. play, be allowed to play, place wagers on or collect winnings from, whether personally or through an agent, any game authorized or offered to play pursuant to the Gaming Control Act; or
B. be employed as a gaming employee.
History:
Laws 1997, ch. 190, § 39.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-38 - Calculation of net take; certain expenses not deductible.

In calculating net take from gaming machines, the actual cost to the licensee of any personal property distributed to a patron as the result of a legitimate wager may be deducted as a loss, except for travel expenses, food, refreshments, lodging or services. For the purposes of this section, "as the result of a legitimate wager" means that the patron must make a wager prior to receiving the personal property, regardless of whether the receipt of the personal property is dependent on the outcome of the wager.
History:
Laws 1997, ch. 190, § 40.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-39 - Limitations on taxes and license fees.

A political subdivision of the state shall not impose a license fee or tax on any licensee licensed pursuant to the Gaming Control Act except for the imposition of property taxes, local option gross receipts taxes with respect to receipts not subject to the gaming tax and the distribution provided for and determined pursuant to Subsection C of Section 60-1-15 and Section 60-1-15.2 NMSA 1978.
History:
Laws 1997, ch. 190, § 41.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-41 - Communication or document of applicant or licensee absolutely confidential; confidentiality not waived; disclosure of confidential information prohibited.

A. Any communication or document of an applicant or licensee is confidential and does not impose liability for defamation or constitute a ground for recovery in any civil action if it is required by:
(1) law or the regulations of the board; or
(2) a subpoena issued by the board to be made or transmitted to the board.
B. The confidentiality created pursuant to Subsection A of this section is not waived or lost because the document or communication is disclosed to the board.
C. Notwithstanding the powers granted to the board by the Gaming Control Act, the board:
(1) may release or disclose any confidential information, documents or communications provided by an applicant or licensee only with the prior written consent of the applicant or licensee or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant or licensee;
(2) shall maintain all confidential information, documents and communications in a secure place accessible only to members of the board; and
(3) shall adopt procedures and regulations to protect the confidentiality of information, documents and communications provided by an applicant or licensee.
History:
Laws 1997, ch. 190, § 43.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-42 - Motion for release of confidential information.

An application to a court for an order requiring the board to release any information declared by law to be confidential shall be made only by petition in district court. A hearing shall be held on the petition not less than ten days and not more than twenty days after the date of service of the petition on the board, the attorney general and all persons who may be affected by the entry of that order. A copy of the petition, all papers filed in support of it and a notice of hearing shall be served.
History:
Laws 1997, ch. 190, § 44.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-43 - Gaming machine central system.

The board shall develop and operate a central system into which all licensed gaming machines are connected. The central system shall be capable of:
A. monitoring continuously, retrieving and auditing the operations, financial data and program information of the network;
B. disabling from operation or play any gaming machine in the network that does not comply with the provisions of the Gaming Control Act or the regulations of the board;
C. communicating, through program modifications or other means equally effective, with all gaming machines licensed by the board;
D. interacting, reading, communicating and linking with gaming machines from a broad spectrum of manufacturers and associated equipment; and
E. providing linkage to each gaming machine in the network at a reasonable and affordable cost to the state and the gaming operator licensee and allowing for program modifications and system updating at a reasonable cost.
History:
Laws 1997, ch. 190, § 45.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-44 - Machine specifications.

To be eligible for licensure, each gaming machine shall meet all specifications established by regulations of the board and:
A. be unable to be manipulated in a manner that affects the random probability of winning plays or in any other manner determined by the board to be undesirable;
B. have at least one mechanism that accepts coins or currency;
C. be capable of having play suspended through the central system by the executive director until the executive director resets the gaming machine;
D. have electronic meters within a readily accessible locked area of the gaming machine that maintain a record of all money inserted into the machine, all cash payouts of winnings, all refunds of winnings, all credits played for additional games and all credits won by players;
E. be capable of printing out, at the request of the executive director, readings on the electronic meters of the machine;
F. for machines that do not dispense coins or tokens directly to players, be capable of printing a ticket voucher stating the value of a cash prize won by the player at the completion of each game, the date and time of day the game was played in a twenty-four-hour format showing hours and minutes, the machine serial number, the sequential number of the ticket voucher and an encrypted validation number for determining the validity of a winning ticket voucher;
G. be capable of being linked to the board's central system for the purpose of being monitored continuously as required by the board;
H. provide for a payback value for each credit wagered, determined over time, of not less than eighty percent;
I. meet the standards and specifications set by laws or regulations of the states of Nevada and New Jersey for gaming machines, whichever are more stringent;
J. offer only games authorized and examined by the board; and
K. display the gaming machine license issued for that machine in an easily accessible place, before and during the time that a machine is available for use.
History:
Laws 1997, ch. 190, § 46; 2001, ch. 208, § 1; 2003, ch. 185, § 1; 2019, ch. 135, § 1.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, amended specifications for gaming machines; in Subsection C, after "until", deleted "he" and added "the executive director"; and in Subsection D, deleted "house nonresettable mechanical and" and added "have", and after "maintain a", deleted "permanent".
The 2003 amendment,
effective June 20, 2003, deleted "or more than ninety-six percent" at the end of Subsection H.
The 2001 amendment,
effective April 3, 2001, deleted "but does not accept bills of denominations greater than twenty dollars ($20.00)" from the end of Subsection B.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-45 - Repealed.

History:
Laws 1997, ch. 190, § 47; repealed by Laws 2009, ch. 199, § 15.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 199, § 15 repealed 60-2E-45 NMSA 1978, as enacted by Laws 1997, ch. 190, § 47, relating to posting of gaming machine odds, effective June 19, 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-46 - Examination of gaming devices; cost allocation.

A. The board shall examine prototypes of gaming devices of manufacturers seeking a license as required.
B. The board by regulation shall require a manufacturer to pay the anticipated actual costs of the examination of a gaming device in advance and, after the completion of the examination, shall refund overpayments or charge and collect amounts sufficient to reimburse the board for underpayment of actual costs.
C. The board may contract for the examination of gaming devices to meet the requirements of this section.
History:
Laws 1997, ch. 190, § 48.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-47 - Gaming tax; imposition; administration. (Effective July 1, 2027.)

A. An excise tax is imposed on the privilege of engaging in gaming activities in the state. This tax shall be known as the "gaming tax".
B. The gaming tax is an amount equal to ten percent of the gross receipts of manufacturer licensees from the sale, lease or other transfer of gaming devices in or into the state, except receipts of a manufacturer from the sale, lease or other transfer to a licensed distributor for subsequent sale or lease may be excluded from gross receipts; ten percent of the gross receipts of distributor licensees from the sale, lease or other transfer of gaming devices in or into the state; ten percent of the net take of a gaming operator licensee that is a nonprofit organization; and twenty-six percent of the net take of every other gaming operator licensee. For the purposes of this section, "gross receipts" means the total amount of money or the value of other consideration received from selling, leasing or otherwise transferring gaming devices.
C. The gaming tax imposed on a licensee is in lieu of all state and local gross receipts taxes on that portion of the licensee's gross receipts attributable to gaming activities.
D. The gaming tax is to be paid on or before the fifteenth day of the month following the month in which the taxable event occurs. The gaming tax shall be administered and collected by the taxation and revenue department in cooperation with the board. The provisions of the Tax Administration Act [Chapter 7, Article 1 NMSA 1978] apply to the collection and administration of the tax.
E. In addition to the gaming tax, a gaming operator licensee that is a racetrack shall pay twenty percent of its net take to purses in accordance with rules adopted by the state racing commission. An amount not to exceed twenty percent of the interest earned on the balance of any fund consisting of money for purses distributed by racetrack gaming operator licensees pursuant to this subsection may be expended for the costs of administering the distributions. A racetrack gaming operator licensee shall spend no less than one-fourth percent of the net take of its gaming machines to fund or support programs for the treatment and assistance of compulsive gamblers.
F. A nonprofit gaming operator licensee shall distribute at least sixty percent of the balance of its net take, after payment of the gaming tax and any income taxes, for charitable or educational purposes.
History:
Laws 1997, ch. 190, § 49; 1998, ch. 15, § 1; 1999, ch. 187, § 1; 2001, ch. 256, § 1; 2001, ch. 262, § 3; 2002, ch. 48, § 1; 2005, ch. 350, § 2; 2023, ch. 122, § 1; 2023, ch. 154, § 2; repealed and reenacted by Laws 2023, ch. 122, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 2023, ch. 122, § 2 repealed former 60-2E-47 NMSA 1978 and enacted a new section, effective July 1, 2027.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-47.1 - Repealed.

History:
Laws 2010, ch. 31, § 3; repealed by Laws 2019, ch. 274, § 16.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 274, § 16 repealed 60-2E-47.1 NMSA 1978, as enacted by Laws 2010, ch. 31, § 3, relating to county gaming tax credit, effective July 1, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-48 - Civil actions to restrain violations of Gaming Control Act.

A. The attorney general, at the request of the board, may institute a civil action in any court of this state against any person to enjoin a violation of a prohibitory provision of the Gaming Control Act.
B. An action brought against a person pursuant to this section shall not preclude a criminal action or administrative proceeding against that person.
History:
Laws 1997, ch. 190, § 50.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-49 - Testimonial immunity.

A. The board may order a person to answer a question or produce evidence and confer immunity pursuant to this section. If, in the course of an investigation or hearing conducted pursuant to the Gaming Control Act, a person refuses to answer a question or produce evidence on the ground that he will be exposed to criminal prosecution by doing so, then the board may by approval of three members, after the written approval of the attorney general, issue an order to answer or to produce evidence with immunity.
B. If a person complies with an order issued pursuant to Subsection A of this section, he shall be immune from having a responsive answer given or responsive evidence produced, or evidence derived from either, used to expose him to criminal prosecution, except that the person may be prosecuted for any perjury committed in the answer or production of evidence and may also be prosecuted for contempt for failing to act in accordance with the order of the board. An answer given or evidence produced pursuant to the grant of immunity authorized by this section may be used against the person granted immunity in a prosecution of the person for perjury or a proceeding against him for contempt.
History:
Laws 1997, ch. 190, § 51.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-50 - Crime; manipulation of gaming device with intent to cheat.

A person who manipulates, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose of the component, including varying the pull of the handle of a gaming machine with knowledge that the manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of the 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, § 52; 2002, ch. 102, § 14.
ANNOTATIONS
The 2002 amendment,
effective March 5, 2002, substituted "gaming machine" for "slot machine".