2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-5 - Commission rules; all licenses; suspension, revocation or denial of licenses; penalties. (Repealed effective July 1, 2028.)

A. The commission shall adopt rules to implement the Horse Racing Act and to ensure that horse racing in New Mexico is conducted with fairness and that the participants and patrons are protected against illegal practices.
B. Every license issued by the commission shall require the licensee to comply with the rules adopted by the commission. A racetrack licensee shall post printed copies of the rules in conspicuous places on the racing grounds and shall maintain them during the period when live horse races are being conducted.
C. The commission may suspend, revoke or deny renewal of a license of a person who violates the provisions of the Horse Racing Act or rules adopted pursuant to that act. The commission shall provide a licensee facing suspension, revocation or denial of renewal of a license reasonable notice and an opportunity for a hearing. The suspension, revocation or denial of renewal of a license shall not relieve the licensee from prosecution for the violations or from the payment of fines and penalties assessed the licensee by the commission.
D. The commission may impose civil penalty fines upon a licensee for a violation of the provisions of the Horse Racing Act or rules adopted by the commission. The fines shall not exceed one hundred thousand dollars ($100,000) or one hundred percent of a purse related to the violation, whichever is greater, for each violation.
E. Fines shall be paid into the current school fund.
F. When a penalty is imposed pursuant to this section for administering a performance-altering substance as provided in Subsection A of Section 60-1A-28 NMSA 1978, the commission shall direct its executive director to report the violation to the district attorney for the county in which the violation occurred and to the horse racing licensing authority in any other jurisdiction in which the licensee being penalized is also licensed.
History:
Laws 2007, ch. 39, § 5; 2013, ch. 103, § 1.
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.
The 2013 amendment,
effective June 14, 2013, increased the civil penalties for violations of the act; provided for the report of violations to the district attorney; in Subsection A, after "against illegal practices", deleted "on the racing grounds"; in Subsection D, in the first sentence, after "impose civil", deleted "penalties" and added "penalty fines" and in the second sentence, after "shall not exceed", deleted "ten thousand dollars ($10,000)" and added "one hundred thousand dollars ($100,000) or one hundred percent of a purse related to the violation, whichever is greater"; in Subsection E, at the beginning of the sentence, added "Fines"; and added Subsection F.
Section legalizes pari-mutuel betting under fixed conditions
and declares that it shall not be construed as gambling.
Patton v. Fortuna Corp
., 1960-NMSC-136, 68 N.M. 40, 357 P.2d 1090 (decided under former law).
Unjust enrichment rule overridden by public policy against gambling.
— The public policy of New Mexico is to restrain and discourage gambling and must override the rule which prevents unjust enrichment, particularly where there is a choice between that which is considered to be for the benefit of the public at large as distinguished from any benefit to an individual litigant.
Schnoor v. Griffin
, 1968-NMSC-067, 79 N.M. 86, 439 P.2d 922 (decided under former law).
One not physically present at track not considered patron.
— It was the intention of the legislature to exempt pari-mutuel betting from the general provisions of the gambling laws only when done by patrons who are physically present at the track and one who is not personally present at the track is not a patron thereof and does not come within the pari-mutuel exemption.
Schnoor v. Griffin
, 1968-NMSC-067, 79 N.M. 86, 439 P.2d 922 (decided under former law).
Authority to suspend trainer, regardless of guilty intent or knowledge.
— State racing commission has authority under this section to make rules imposing strict accountability upon the trainer for the condition of a horse he enters in a race and requiring suspension if he enters a horse which is then shown by competent analysis to have any prohibited substances in its urine, saliva, blood or body, regardless of proof of guilty intent or knowledge on the part of the trainer.
Jamison v. State Racing Comm'n
, 1973-NMSC-028, 84 N.M. 679, 507 P.2d 426 (decided under former law).
Authority to rule horse off track.
— All who enter horses in state races are aware of the track rules and that they exist so as to allow a track veterinarian to rule a horse off the track without recourse on the part of the owner to secure the entry fee which he has paid. 1957 Op. Att'y Gen. No. 57-177 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gambling § 58.
Pari-mutuel and similar betting methods on race as game of change or gambling, 52 A.L.R. 74.
Constitutionality of statute which affirmatively permits pari-mutuel method of wagering at race tracks, 85 A.L.R. 622.
Statutes permitting specified forms of betting, construction and application of, 117 A.L.R. 828.
Winner's rights and remedies in respect of pari-mutuel and similar legalized betting systems, 165 A.L.R. 838.
Validity, construction, and application of statute or ordinance prohibiting or regulating use of messenger services to place wagers in pari-mutuel pool, 78 A.L.R.4th 483.
38 C.J.S. Gaming § 28.