reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 5 - HORSE RACE - RULES OF THE RACE › Section 15.2.5.11 - WORKOUTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requirements:
(1) A non-starter
				must have had within 60 days prior to time of entry, one approved official
				schooling race or at least two workouts recorded at a pari mutuel or commission
				recognized facility and posted with the racing secretary prior to time of
				entry, one of the two workouts shall be from the starting gate, and be gate
				approved. It shall be the trainer's responsibility to establish validity as to
				workouts and gate approvals.
(2)
				Any horse which has started, but not within 60 days, must have at least one
				workout within 60 days prior to time of entry. Horses that have not started
				within six months of entry must have at least two approved workouts within the
				60 days prior to time of entry.
(3)
				Horses that have never raced around the turn will be required to have within 30
				days prior to time of entry, at least one workout at 660 yards or
				farther.
(4) Gate approvals at a
				licensed facility must be made by a licensed starter on a commission approved
				form.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 5 - HORSE RACE - RULES OF THE RACE › Section 15.2.5.12 - HORSES INELIGIBLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A horse shall be ineligible to enter in a race when:
(1) it is wholly or partially owned by a disqualified person or a horse is under the direct or indirect training or management of a disqualified person;
(2) it is wholly or partially owned by the spouse of a disqualified person or a horse is under the direct or indirect management of the spouse of a disqualified person, in such cases, it being presumed that the disqualified person and spouse constitute a single financial entity with respect to the horse, which presumption may be rebutted;
(3) its name appears on the starter's list, stewards' list, veterinarian's list or paddock judge's list;
(4) it is a first time starter and has not been approved to start by the starter;
(5) it is owned in whole or in part by an undisclosed person or interest;
(6) it lacks sufficient official published workouts or race past performance(s);
(7) it is subject to a lien which has not been approved by the stewards and filed with the horsemen's bookkeeper;
(8) it is subject to a lease not filed with the stewards;
(9) it is not in sound racing condition;
(10) it has had a surgical neurectomy performed on a heel nerve, which has not been approved by the official veterinarian;
(11) it has been trachea tubed to artificially assist breathing;
(12) it has been blocked with alcohol or otherwise drugged or surgically denerved to desensitize the nerves above the ankle;
(13) it has impaired eyesight in both eyes;
(14) it is barred or suspended in any recognized jurisdiction;
(15) it does not meet the eligibility conditions of the race;
(16) its owner or lessor is in arrears for any stakes fees, except with approval of the racing secretary;
(17) it is by an unknown sire or out of an unknown mare.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 5 - HORSE RACE - RULES OF THE RACE › Section 15.2.5.13 - RUNNING OF THE RACE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Equipment:
(1) All riding crops are subject to inspection and approval by the stewards and the clerk of scales. This rule will become effective December 10, 2010.
(a) All riding crops shall have a shaft and a flap and will be allowed in flat racing including training. No riding crop shall weigh more than eight ounces nor exceed 30 inches in length, including the flap. No riding crop shall be used unless the shaft is a minimum of three-eighths inch in diameter; and the shaft contact area must be smooth, with no protrusions or raised surface and covered by shock absorbing material that gives a compression factor of at least one-millimeter throughout its circumference.
(b) The flap is the only allowable attachment to the shaft and must meet the following specifications. The length beyond the end of the shaft shall be a maximum of one inch with a minimum width of eight-one hundreths inch and a maximum of one and six-tenths inches. There shall be no reinforcements or additions beyond the end of the shaft. There shall be no binding within seven inches of the end of the shaft and the flap must include shock absorbing characteristics similar to those of the contact area of the shaft.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 5 - HORSE RACE - RULES OF THE RACE › Section 15.2.5.14 - PROTESTS, OBJECTIONS AND INQUIRIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Stewards to inquire:
The stewards shall take cognizance of foul riding and, upon their own motion or that of any racing official or person empowered by this chapter to object or complain, shall make diligent inquiry or investigation into such objection or complaint when properly received.
B.
Race objections:
(1) An objection to an incident alleged to have occurred during the running of a race shall be received only when lodged with the clerk of scales, the stewards or their designees, by the owner, the authorized agent of the owner, the trainer or the jockey of a horse engaged in the same race.
(2) An objection following the running of any race must be filed before the race is declared official, whether all or some riders are required to weigh in, or the use of a "fast official" procedure is permitted.
(3) The stewards shall make all findings of fact as to all matters occurring during an incident to the running of a race; shall determine all objections and inquiries, and shall determine the extent of disqualification, if any, of horses in the race. Such findings of fact and determination shall be final for pari mutuel payout purposes.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 6 - VETERINARY PRACTICES, EQUINE HEALTH, MEDICATION, AND TRAINER RESPONSIBILITY › Section 15.2.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons participating in horse racing in New Mexico.
				  Additional regulations may be cross-referenced in 15 NMAC 2.1, 15 NMAC 2.2, 15
				  NMAC 2.3, 15 NMAC 2.4, 15 NMAC 2.5, 15 NMAC 2.7 and 16.47.1
				  NMAC.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 6 - VETERINARY PRACTICES, EQUINE HEALTH, MEDICATION, AND TRAINER RESPONSIBILITY › Section 15.2.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  60-1A-1
				  through
				  60-1A-30,
				  NMSA 1978 provides the authority for the state racing commission to promulgate
				  rules and regulations for enforcing Chapter 60 pertaining to horse race
				  meetings in the state of New Mexico.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 6 - VETERINARY PRACTICES, EQUINE HEALTH, MEDICATION, AND TRAINER RESPONSIBILITY › Section 15.2.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 13, 2001 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 6 - VETERINARY PRACTICES, EQUINE HEALTH, MEDICATION, AND TRAINER RESPONSIBILITY › Section 15.2.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To describe requirements and procedures used to protect the
				  integrity of horse racing, to ensure the health and welfare of race horses and
				  to safeguard the interests of the public and the participants in
				  racing.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 6 - VETERINARY PRACTICES, EQUINE HEALTH, MEDICATION, AND TRAINER RESPONSIBILITY › Section 15.2.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Refer to
				  15.2.1.7
				  NMAC.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 6 - VETERINARY PRACTICES, EQUINE HEALTH, MEDICATION, AND TRAINER RESPONSIBILITY › Section 15.2.6.10 - TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Reporting to the test barn:
(1) The official winning horse, as well as any other horses ordered by the commission or the stewards shall be taken to the test barn to have an official sample taken at the direction of the official veterinarian.
(2) The association shall assign an employee to escort horses ordered by the commission or the stewards to go to the test barn.
(3) Random or extra testing may be required by the stewards or the commission at any time on any horse.
(4) Unless otherwise directed by the stewards or the official veterinarian, a horse that is selected for testing must be taken directly to the test barn.
(5) A security guard, employed by the association, shall monitor access to the test barn area during and immediately following each racing performance. All persons who wish to enter the test barn area must be a minimum of 18-years-old, be currently licensed by the commission, display their commission identification badge and have a legitimate reason for being in the test barn area.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 6 - VETERINARY PRACTICES, EQUINE HEALTH, MEDICATION, AND TRAINER RESPONSIBILITY › Section 15.2.6.12 - PHYSICAL INSPECTION OF HORSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Assessment of racing condition:
(1) Every horse entered to participate in an official race may be subjected to a veterinary inspection prior to starting in a race for which it is entered.
(2) The inspection shall be conducted by the official veterinarian or the racing veterinarian.
(3) The agency or the association employing the examining veterinarian(s) should provide a staffing level of not less than two veterinarians.
(4) The trainer of each horse or a representative of the trainer must present the horse for inspection as required by the examining veterinarian. Horses presented for examination must have bandages removed and the legs must be clean. Prior to examination horses may not be placed in ice nor shall any device or substance be applied that impedes veterinary clinical assessment.
(5) The assessment of a horse's racing condition shall be based on the recommendations of the American association of equine practitioners and shall include: proper identification of each horse inspected; observation of each horse in motion; manual palpation and passive flexion of both forelimbs; clinical observation in the paddock and saddling area, during the parade to post and at the starting gate; any other inspection deemed necessary by the official veterinarian and the racing veterinarian or the stewards.
(6) Every horse shall be observed by the racing veterinarian during and after the race.
(7) The official veterinarian or the racing veterinarian shall maintain a permanent continuing health and racing soundness record of each horse inspected.
(8) The official veterinarian or the racing veterinarian are authorized access to any and all horses housed on association grounds regardless of entry status.
(9) If, prior to starting, a horse is determined to be unfit for competition, or if the veterinarian is unable to make a determination of racing soundness, the veterinarian will recommend to the stewards the horse be scratched.
(10) Horses scratched upon the recommendation of the official veterinarian or the racing veterinarian, are to be placed on the veterinarians list.
(11) All pre-race examination reports on each horse selected for a pre-race examination will be submitted to the commission on a monthly basis. In addition, these reports will be made available to the commission upon request within a 48-hour period.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 7 - PARI MUTUEL WAGERING › Section 15.2.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
General Public and all persons, firms, or associations
				  participating in horse racing in New Mexico. Additional regulations may be
				  cross-referenced in 15.2.1 NMAC, 15.2.2 NMAC, 15.2.3 NMAC, 15.2.4 NMAC, 15.2.5
				  NMAC, 15.2.6 NMAC, and 16.47.1 NMAC.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 7 - PARI MUTUEL WAGERING › Section 15.2.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  60-1A-1
				  through
				  60-1A-4
				  NMSA 1978 created the state racing commission and delegated its powers for the
				  promulgation of rules for holding, or engaging in, horse race meetings in the
				  state of New Mexico; mandates the commission regulate the pari mutuel system of
				  wagering; Section
				  60-1A-15
				  NMSA 1978 provides that within the enclosure where any horse races are
				  conducted, either as live on-track horse races or as horse races simulcast, and
				  where the licensee has been licensed to use the pari mutuel method of system of
				  wagering on races, the pari mutuel system is lawful, but only within the
				  enclosure where races are conducted; and Section 60-A-16 NMSA 1978 and Section
				  60-1A-17
				  NMSA 1978 allow the racing commission to permit interstate and intrastate
				  simulcasting of races and common pooling.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 7 - PARI MUTUEL WAGERING › Section 15.2.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 15, 2001 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 7 - PARI MUTUEL WAGERING › Section 15.2.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To achieve the objectives that all pari mutuel wagering is
				  lawful and licensed; establish procedures for interstate/intrastate
				  simulcasting and interstate common-pool wagering.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 7 - PARI MUTUEL WAGERING › Section 15.2.7.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
GENERAL:
Each association shall conduct wagering in accordance
				with applicable laws and these rules. Such wagering shall employ a pari-mutuel
				system approved by the commission. The totalisator shall be tested prior to and
				during the meeting as required by the commission. Each association shall make
				reasonable provisions for providing a backup system in case of a mechanical
				failure. The association is required to report to the commission on the backup
				system so provided.
B.
RECORDS:
(1) The association shall
				maintain records of all wagering so the commission may review such records for
				any contest including the opening line, subsequent odds fluctuation, the amount
				and at which window wagers were placed on any betting interest and such other
				information as may be required. Such wagering records shall be retained by each
				association and safeguarded for a period of time specified by the commission.
				The commission may require that certain of these records be made available to
				the wagering public at the completion of each contest.
(2) The association shall provide the
				commission with a list of the licensed individuals afforded access to
				pari-mutuel records and equipment at the wagering facility.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 7 - PARI MUTUEL WAGERING › Section 15.2.7.9 - ACCOUNT WAGERING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
GENERAL:
The association may offer a system of account wagering
				to its patrons whereby wagers are debited and payouts credited to a sum of
				money, deposited in an account by the patron, that is held by the association.
				The association shall notify the patron, at the time of opening the account, of
				any rules the association has made concerning deposits, withdrawals, average
				daily balance, user fees, interest payments and any other aspect of the
				operation of the account. The association shall notify the patron whenever the
				rules governing the account are changed, such notification occurring before the
				new rules are applied to the account and including the opportunity for the
				patron to close or cash in the account. The patron shall be deemed to have
				accepted the rules of account operation upon opening or not closing the
				account. The association shall request authorization from the commission before
				a system of account wagering is offered.
B.
ACCOUNT OPENING:
The
				association may offer to open for its patrons:
(1) short-term accounts that are operational
				only for the performance during which they were opened and only at the site
				where they were opened, whereby wagers are placed by the account holder at a
				self-service terminal;
(2)
				long-term accounts that are operational for any performance offered by the
				association, whereby wagers are placed by the account holder at a self-service
				terminal or by telephone within the enclose of the racetrack;
(3) voucher accounts that are operational for
				any performance offered by the association, whereby wagers are placed by the
				account holder at any ticket issuing terminal operated by the association; the
				patron may choose to credit winning payouts in cash and may choose to close or
				cash-in the account at any time.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 7 - PARI MUTUEL WAGERING › Section 15.2.7.10 - SIMULCAST WAGERING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Interstate simulcasting shall be conducted in accordance with the "Interstate Horseracing Act of 1978."
B.
Duties of Simulcast Host:
Every host association simulcasting its performance, if requested, may contract with an authorized receiver for the purpose of providing authorized users its simulcast.
(1) A host association is responsible for content of the simulcast and shall use all reasonable effort to present a simulcast, which offers the viewers an exemplary depiction of each performance.
(2) Unless otherwise permitted by the commission, every simulcast will contain in its video content a digital display of actual time of day, the name of the host facility from where it emanates, the number of the contest being displayed, and any other relevant information available to patrons at the host facility.
(3) The host association shall maintain such security controls including encryption over its uplink and communications systems as directed or approved by the commission.
(4) In the event that the host association fails to link with any guest association, or loses a link and is unable to re-establish that link, the tote operator at the host association will immediately call tote at all New Mexico guest associations to close pools on the racetrack in question. The tote operator at the guest association(s) will notify the manager on duty and supply a written report of the event to the commission and the simulcast coordinator at once. This report must include, but not be limited to the following: a detailed incident report, name of manager on duty, time and person contacted at the guest association(s) and any other pertinent information. In no event will a guest association take a simulcast race, which the host association is not taking. If the link is re-established by the host association, the tote operator will call the guest association(s) and advise them that they may link up. In the event of a total telephone outage at the host association, the tote operator will contact the other tote company by cellular phone. In the event that a guest association fails to establish or loses a link, the tote operator will notify the manager on duty of his track and supply a written report of the event to the commission and the simulcast coordinator at once. This report must include, but not be limited to the following: a detailed incident report, name of manager on duty, time and person contacted at the host association(s), and any other pertinent information.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 7 - PARI MUTUEL WAGERING › Section 15.2.7.11 - INTERSTATE/INTRASTATE COMMON POOL WAGERING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
GENERAL:
All contracts
				governing participation in interstate/intrastate common pools shall be
				submitted to the commission for approval.
(1)
				Individual wagering transactions are made at the point of sale in the state
				where placed. Pari-mutuel pools are combined for computing odds and calculating
				payouts and breakage, but will be held separate for auditing and all other
				purposes.
(2) Any surcharges or
				withholdings in addition to the takeout shall only be applied in the
				jurisdiction otherwise imposing such surcharges or withholdings.
(3) In determining whether to approve an
				interstate/intrastate common pool which does not include the host track, the
				commission shall consider and may approve use of a bet type which is not
				utilized at the host track, application of a takeout rate not in effect at the
				host track, or other factors which are presented to the commission.
(4) The content and format of the visual
				display of racing and wagering information at facilities in other jurisdictions
				where wagering is permitted in the interstate/intrastate common pool need not
				be identical to the similar information permitted or required to be displayed
				under these rules.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 1 - GENERAL PROVISIONS › Section 15.4.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons subject to regulations
				  promulgated under the New Mexico Bingo and Raffle Act by the New Mexico gaming
				  control board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 1 - GENERAL PROVISIONS › Section 15.4.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from the New Mexico Bingo
				  and Raffle Act Section
				  60-2F-3
				  NMSA 1978. Subsection G of Section
				  60-2F-6
				  NMSA 1978 authorizes the board to make rules to hold, conduct and operate all
				  games of chance held in the state except those exempt under the New Mexico
				  Bingo and Raffle Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 1 - GENERAL PROVISIONS › Section 15.4.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 23, 2021 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 1 - GENERAL PROVISIONS › Section 15.4.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes definitions of terms used in this
				  chapter, clarifies the role of the New Mexico gaming control board in
				  promulgating regulations and establishes the scope and severability of such
				  rules.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 1 - GENERAL PROVISIONS › Section 15.4.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in this chapter
				  have the same meanings as set forth in the New Mexico Bingo and Raffle Act. The
				  definitions set forth below shall be applicable to all parts of this
				  chapter.
A.
Definitions beginning
				with A:
(1)
"Accountant"
means a game accountant as defined in the act who further is an individual
				licensed by the board and designated by the bingo manager to fulfill duties
				relating to accounting procedures and reporting including filing of all board
				required quarterly reports and associated obligations, on behalf of the
				licensee.
(2)
"Act"
means the New Mexico Bingo and Raffle Act.
(3)
"Agent"
means any member or
				employee of the New Mexico gaming control board or any other person authorized
				to act on the board's behalf.
(4)
"Appellant"
means a person aggrieved by an action of the New
				Mexico gaming control board, who files a request for hearing before the
				board.
(5)
"Appellee"
means the New Mexico gaming control board, its agents or its
				representatives.
(6)
"Applicant"
means a person who has applied for a license or
				approval of an act or transaction for which approval is required or allowed
				pursuant to the provisions of the act.
(7)
"Approved record"
means
				those records required by the act, or regulations promulgated there under which
				shall be maintained on forms prescribed or approved by the New Mexico gaming
				control board.
(8)
"Alternate
				bingo manager"
means an assistant to the bingo manager permitted by the
				board who assumes overall responsibility for supervising and managing the
				operation of games of chance in the bingo manager's absence. The alternate
				bingo manager derives their authority from the licensed bingo manager. If an
				organization does not have a licensed bingo manager, they cannot conduct games
				of chance.
(9)
"Audit"
means an examination of an applicant's or licensee's accounting records,
				financial situation, and business practices to determine compliance with, state
				law, or rules adopted by the New Mexico gaming control board.
(10)
"Auxiliary"
means an
				organization that has a qualified affiliation with a licensee in accordance
				with a national and local charter, articles of incorporation, bylaws, or rules
				of an official auxiliary organization.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 1 - GENERAL PROVISIONS › Section 15.4.1.8 - ADOPTION, AMENDMENT AND REPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico gaming control board is authorized to adopt
				  regulations pursuant to the New Mexico Bingo and Raffle Act, Sections
				  60-2F-1
				  through
				  60-2F-26
				  NMSA 1978. From time to time as the board deems necessary, the board will
				  adopt, amend and repeal such regulations, consistent with the policy,
				  objectives, and purposes of the New Mexico Bingo and Raffle
				  Act
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 1 - GENERAL PROVISIONS › Section 15.4.1.9 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
Nothing contained in Title 15, Chapter 4 will be construed
				  so as to conflict with any provision of the New Mexico Bingo and Raffle Act or
				  any other applicable statute.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 1 - GENERAL PROVISIONS › Section 15.4.1.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The sections and subsections of the parts in Chapter 4 of
				  Title 15 promulgated by the board are deemed severable. If any section or
				  subsection is found invalid, unconstitutional, or otherwise contrary to the
				  laws of New Mexico by opinion of a court of competent jurisdiction or by
				  legislative enactment, the opinion or enactment will invalidate only that
				  particular section or subsection. All other provisions of Title 15, Chapter 4
				  will remain in full force and effect.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 1 - GENERAL PROVISIONS › Section 15.4.1.11 - TELEPHONE CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				all cases where it is possible, board members shall attend public meetings of
				the board in person.
B. A member of
				the board may participate in a meeting of the board by means of a conference
				telephone when it is difficult or impossible for the member to attend the
				meeting in person, provided:
(1) each member
				participating by conference telephone can be and is identified when
				speaking;
(2) all participants in
				the telephone conference are able to hear each other at the same time;
				and
(3) members of the public who
				are attending the meeting are able to hear any member of the board who speaks
				during the meeting.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 1 - GENERAL PROVISIONS › Section 15.4.1.12 - RETENTION OF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Licensee shall maintain and keep safe the books and records
				  necessary to substantiate the particulars of all reports submitted to the board
				  or required by the act or this title for a period of three years at the
				  licensee's administrative office.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 1 - GENERAL PROVISIONS › Section 15.4.1.13 - CONFIDENTIAL RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
All tax identification and financial account identification
				  numbers for an applicant, licensee or permittee submitted to the board shall be
				  confidential and not be subject to any disclosure under the Inspection of
				  Public Records Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 2 - APPLICATION FOR LICENSURE › Section 15.4.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all licensees or applicants for
				  licensure, or other approval under the New Mexico Bingo and Raffle
				  Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 2 - APPLICATION FOR LICENSURE › Section 15.4.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from the New Mexico Bingo
				  and Raffle Act Section
				  60-2F-3
				  NMSA 1978. Subsections I, J, K and L of Section
				  60-2F-6
				  NMSA 1978 authorize the board to adopt regulations concerning licensure for
				  persons involved in the conducting of games of chance
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 2 - APPLICATION FOR LICENSURE › Section 15.4.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 23, 2021, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 2 - APPLICATION FOR LICENSURE › Section 15.4.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes standards and requirements for
				  licensure and other approvals under the New Mexico Bingo and Raffle
				  Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 2 - APPLICATION FOR LICENSURE › Section 15.4.2.8 - NATURE OF LICENSE AND APPLICATION REQUEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any license or other approval issued by
				the board is deemed a revocable privilege. No person holding such a license or
				other approval is deemed to have any property rights therein.
B. Any application for a license or other
				approval submitted under the provisions of the act or this rule constitutes the
				seeking of a privilege, and the burden of proving qualification is on the
				applicant.
C. Any application for
				license or other approval from the board will constitute a request to the board
				for a decision on the applicant's general suitability, character, integrity,
				financial responsibility, and ability to engage in, or be associated with, the
				conduct of games of chance in New Mexico. By filing an application with the
				board, the applicant specifically consents to investigation to the extent
				deemed appropriate by the board.
D.
				By applying for and obtaining any license or other approval from the board, the
				applicant agrees to abide by all provisions of the act, the regulations
				promulgated pursuant to the act and all other applicable laws and
				regulations.
E. By applying for a
				license or other approval from the board, the applicant accepts all risks of
				adverse public notice, embarrassment, criticism, damages, or financial loss
				that may result from any disclosure or publication of any material or
				information contained in or relating to any application to the board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 2 - APPLICATION FOR LICENSURE › Section 15.4.2.9 - LICENSE CLASSIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Licenses include:
(1) manufacturer's license,
				which authorizes the approved licensee to manufacture, produce, or sell to
				licensed distributors or licensed qualified organizations, any equipment or
				supplies for the conduct of games of chance in the state or for sale outside
				the state in accordance with the act and board rules;
(2) distributor's license, which authorizes
				the approved licensee to buy, sell, distribute or market any equipment or
				supplies for the conduct of games of chance in the state or outside the state
				in accordance with the act and board rules; and
(3) and bingo and raffle operator's license,
				which authorizes a qualified organization to acquire equipment and supplies for
				the conduct of games of chance and to conduct games of chance on the licensed
				premises.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 2 - APPLICATION FOR LICENSURE › Section 15.4.2.11 - REQUIREMENTS FOR DISCLOSURE IN APPLICATION; CONTENTS OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The applicant for a bingo and raffle operator's license shall
				  submit with the application a proposed plan for the conduct of games of chance.
				  Failure to include any of the following shall constitute an incomplete
				  application. The plan shall include the following:
A. a physical address where games of chance
				will be conducted, mailing and physical address of the administrative office
				where all documentation for games of chance are kept;
B. a floor plan;
C. a copy of the applicant's current charter,
				articles of incorporation, or bylaws;
D. a list of the organization's current
				official roster of active and auxiliary members;
E. proof of organization's tax exempt status,
				if applicable;
F. if conducting
				pull-tab dispenser sales without concurrent bingo events, applicants that are
				not a veterans' or fraternal organization, shall include proof of IRS 501
				(c)(3) tax exempt status;
G. if a
				charitable organization, documentation of the preceding four quarters or the
				last calendar year's activities in furtherance of a charitable purpose.
				Activities in furtherance of a charitable purpose include:
(1) services provided directly by the
				organization for a charitable purpose;
(2) monetary donations to other charitable
				organizations;
(3) goods donated to
				individuals and organizations for a charitable purpose, substantiated by the
				names of the recipients, description of items donated and receipts for any
				items purchased by the organization prior to donation;
(4) a charitable contribution shall be made
				to an organization outside the state of New Mexico only if the organization is
				either a charitable organization under Section 501(c)(3) of the Internal
				Revenue Code or the organization is the qualified organization's national
				organization and the distribution is used for charitable purposes.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 2 - APPLICATION FOR LICENSURE › Section 15.4.2.12 - APPLICATION FOR STAFF PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				organization with a bingo and raffle license shall designate only one bingo
				manager and one bingo accountant responsible for completion of the bingo and
				raffle activity reports, but may designate up to three alternate bingo
				managers.
B. Applicants shall
				submit:
(1) completed staff permit
				application;
(2) application
				fee;
(3) signed and notarized
				authorization for a background investigation;
(4) self disclosure form;
(5) the applicant's fingerprints and
				photograph in duplicate. Fingerprints shall not be accepted unless the
				fingerprints were taken under the supervision of a certified identification
				technician or a certified law enforcement officer;
(6) certificate of completion for training
				provided by the board or its agents if required by the board; and
(7) the applicant's credit report dated
				within the 30 days prior to submission of the applicant's signed application to
				the board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 2 - APPLICATION FOR LICENSURE › Section 15.4.2.13 - APPLICATION FOR MANUFACTURER'S OR DISTRIBUTOR'S LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person shall apply for and obtain a
				manufacturer's or distributor's license prior to engaging in the manufacture or
				distribution of equipment or supplies used in the conduct of games of
				chance.
B. Applicants shall submit
				a form prescribed by the board to include the vendor's name, address, contact
				information, federal and state tax identification numbers, evidence of good
				standing with the public regulation commission, all license numbers required to
				conduct business in New Mexico and a list of licensees with whom the applicant
				intends to conduct business.
C.
				Licenses shall be renewed every three years. Any change of vendor information
				shall be reported in writing to the licensing division within 10 days of
				change.
D. Applications for
				manufacturer's or distributor's licenses shall be made, processed, and
				determined in the same manner as applications for other licenses as set forth
				in the act and this rule.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 2 - APPLICATION FOR LICENSURE › Section 15.4.2.14 - APPLICATION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				applicant shall pay, in the amount and manner prescribed by this rule, all
				license fees and fees and costs incurred in connection with the processing and
				investigation of any application submitted to the board.
B. Applicants shall submit the following
				nonrefundable fees with an application for licensure or other approval:
(1) manufacturer's license, $200;
(2) distributor's license, $200;
(3) bingo and raffle operator's license,
				$200;
(4) bingo managers, alternate
				bingo managers and accountants staff permits, $50; and
(5) all other bingo employee staff permits,
				$25.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 2 - APPLICATION FOR LICENSURE › Section 15.4.2.15 - CONDITIONS OF APPROVAL OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The approval of any application is subject to the following
				  conditions and constitutes the following agreements by the licensee:
A. the licensee shall at all times make its
				bingo establishment or business premises available for inspection by the board
				or its authorized representatives, with or without prior
				announcement;
B. the licensee
				consents to the examination of all accounts, bank accounts, and records of, or
				under the control of, the licensee, an account or preparer of the report, or
				any entity in which the licensee has a direct or indirect controlling interest;
				upon request of the board or its agents, the licensee shall authorize all third
				parties in possession or control of the requested documents to allow the board
				or its agents to examine such documents;
C. with respect to new license applications,
				the licensee shall commence the activity approved by the board within 90 days
				after the date of approval by the board on the application; failure to commence
				the approved activity voids the board's approval, and the licensee shall file a
				new application; the board, in its discretion, may waive the requirements of a
				new application; the licensee shall make written application for waiver to the
				board within thirty days of the date the board's action on the original
				application becomes void; and
D.
				the licensee shall be responsible for all registration, taxation, and licensing
				costs imposed by the act or other state law.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 2 - APPLICATION FOR LICENSURE › Section 15.4.2.16 - GROUNDS FOR DENIAL OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board may deny an application on any
				grounds deemed reasonable by the board. Without limiting the foregoing, the
				board may deny the application on any of the following grounds:
(1) evidence of an untrue or misleading
				statement of material fact, or willful omission of any material fact, in any
				application, statement, or notice filed with the board or made in connection
				with any investigation, including the background investigation;
(2) conviction of any crime in any
				jurisdiction;
(3) conviction of any
				administrative gaming offense in any jurisdiction;
(4) entry of a civil judgment against the
				applicant that is based, in whole or in part, on conduct that allegedly
				constituted a crime;
(5) direct or
				indirect association with persons or businesses of known criminal background or
				persons of disreputable character that may adversely affect the general
				credibility, security, integrity, honesty, fairness or reputation of the
				proposed activity;
(6) any aspect
				of the applicant's past conduct, character, or behavior that the board
				determines would adversely affect the credibility, security, integrity,
				honesty, fairness or reputation of the proposed activity;
(7) failure of the applicant or its employees
				to demonstrate adequate business ability and experience to establish, operate,
				and maintain the business for the type of activity for which application is
				made;
(8) failure to satisfy any
				requirement for application or to timely respond to any request by the board or
				its agents for additional information;
(9) permanent suspension, revocation, denial
				or other limiting action on any bingo license issued by any jurisdiction;
				or
(10) approval of the application
				would otherwise be contrary to New Mexico law or public policy.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 2 - APPLICATION FOR LICENSURE › Section 15.4.2.17 - RESTRICTION FOR REAPPLYING

Current through Register Vol. 35, No. 13, July 16, 2024
Any applicant whose application has been denied or whose
				  license has been suspended or revoked shall not reapply for licensing or
				  approval by the board for the period of one year.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 3 - LICENSE AND STAFF PERMIT RENEWAL › Section 15.4.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons subject to regulations
				  promulgated under the New Mexico Bingo and Raffle Act by the New Mexico gaming
				  control board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 3 - LICENSE AND STAFF PERMIT RENEWAL › Section 15.4.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from the New Mexico Bingo
				  and Raffle Act Section
				  60-2F-3
				  NMSA 1978. Subsections I, J, K and L of Section
				  60-2F-6
				  NMSA 1978 authorize the board to adopt regulations concerning licensure for
				  persons involved in the conducting of games of chance.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 3 - LICENSE AND STAFF PERMIT RENEWAL › Section 15.4.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 23, 2021, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 3 - LICENSE AND STAFF PERMIT RENEWAL › Section 15.4.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes standards for the periodic renewal of
				  licenses issued under the New Mexico Bingo and Raffle Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 3 - LICENSE AND STAFF PERMIT RENEWAL › Section 15.4.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
See
				  15.4.1.7
				  NMAC for applicable definitions.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 3 - LICENSE AND STAFF PERMIT RENEWAL › Section 15.4.3.8 - NATURE OF LICENSE AND RENEWAL APPLICATION REQUEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any renewed license or other approval
				issued by the board is deemed a revocable privilege. No person holding such a
				license or other approval is deemed to have any property rights
				therein.
B. Any application for a
				renewed license or other approval submitted under the provisions of the act or
				this rule constitutes the seeking of a privilege, and the burden of proving
				qualification is on the applicant.
C. Any renewal application for license or
				other approval from the board will constitute a request to the board for a
				decision on the applicant's general suitability, character, integrity,
				financial responsibility, and ability to engage in, or be associated with, the
				conduct of games of chance in New Mexico. By filing an application with the
				board, the applicant specifically consents to investigation to the extent
				deemed appropriate by the board.
D.
				By applying for and obtaining any renewed license or other approval from the
				board, the applicant agrees to abide by all provisions of the act, the
				regulations promulgated pursuant to the act and all other applicable
				laws.
E. By applying for a renewed
				license or other approval from the board, the applicant accepts all risks of
				adverse public notice, embarrassment, criticism, damages, or financial loss
				that may result from any disclosure or publication of any material or
				information contained in or relating to any application to the board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 3 - LICENSE AND STAFF PERMIT RENEWAL › Section 15.4.3.10 - REQUIREMENTS FOR DISCLOSURE IN RENEWAL OF LICENSE ISSUED; CONTENTS OF RENEWAL APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The renewal of a bingo and raffle operator's license shall be
				  filed with the board not less than 60 days prior to the expiration date. The
				  licensee shall submit with the renewal application a proposed plan for the
				  conduct of all games of chance. The plan shall include all of the requirements
				  set forth in Section
				  15.4.2.11
				  NMAC.