New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 5 - APPLICATION FOR LICENSURE UNDER THE GAMING CONTROL ACT › Section 15.1.5.10 - APPLICATIONS, STATEMENTS, AND NOTICES - FORM AND GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every
				application, statement, and notice required to be filed under the act or this
				rule shall be submitted on forms supplied or approved by the board and shall
				contain such information and documents as specified.
B. The applicant shall file with the
				application all supplemental forms provided by the board. Such forms require
				full disclosure of all details relative to the applicant's antecedents,
				immediate family, habits and character, criminal record, business activities,
				financial affairs and business associates for the 10-year period immediately
				preceding the filing date of the application.
C. Upon request of the board, the applicant
				shall further supplement any information provided in the application. The
				applicant shall provide all requested documents, records, supporting data, and
				other information within the time period specified in the request, or if no
				time is specified, within 30 days of the date of the request. If the applicant
				fails to provide the requested information within the required time period as
				set forth in the request or this rule, the board may deny the application
				unless good cause is shown.
D. An
				applicant shall submit evidence satisfactory to the board that the applicant is
				sufficiently capitalized to conduct the business proposed in the application.
				In determining whether an applicant is sufficiently capitalized, the board
				shall consider such things as the applicant's annual financial statements and
				federal tax returns for the preceding three years, whether the applicant has
				adequate financing available to pay all current obligations, and whether the
				applicant is likely to be able to adequately cover all existing and foreseeable
				obligations in the future.
E. All
				information required to be included in an application shall be true and
				complete as of the date of board action sought by the applicant. If there is
				any change in the information contained in the application, the applicant shall
				file a written amendment in accordance with this rule.
F. The application and any amendments shall
				be sworn to or affirmed by the applicant before a notary public. If any
				document is signed by an attorney for the applicant, the signature shall
				certify that the attorney has read the document and that, to the best of the
				attorney's knowledge, information and belief, based on diligent inquiry, the
				contents of the documents supplied are true.
G. The applicant shall cooperate fully with
				the board and any agent of the board with respect to background investigation
				of the applicant, including, upon request, making available any and all of its
				books and records for inspection. The board shall examine the background,
				personal history, financial associations, character, record and reputation of
				the applicant, including an applicant seeking a finding of suitability, to the
				extent the board determines is necessary to evaluate the qualifications and
				suitability of the applicant.
H.
				The board shall automatically deny the application of any applicant that
				refuses to submit to a background investigation as required pursuant to the act
				and this rule.
I. Neither the
				state, the board, any agency with which the board contracts to conduct
				background investigations, or the employees of any of the foregoing, shall be
				held liable for any inaccurate information obtained through such an
				investigation.
J. All new
				applications submitted to the New Mexico gaming control board shall be
				completed within 120 days of receipt of the application, which time may be
				extended by the board upon good cause. Failure to complete the application
				within such time period shall result in the forfeiture of all licensing fees.
				Applicant shall be required to re-submit a new application with licensing fees
				should the applicant still wish to pursue licensure.