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 15.1.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in this rule have
				  the same meanings as set forth in the Gaming Control Act.
A.
"Act"
means the New Mexico
				Gaming Control Act.
B.
"Auxiliary member"
means an individual who has qualified as an
				auxiliary member in accordance with the national and local charter, articles of
				incorporation, bylaws, or rules of an official auxiliary that is organized in
				accordance with the bylaws and regulations of a nonprofit organization gaming
				operator licensee or applicant and in accordance with federal Internal Revenue
				Code, Section 501(c)(19) or (23) and applicable regulations; "auxiliary member"
				does not include any other person or membership class whose participation in
				gaming activity would create taxable gaming income for the licensee or would
				threaten the licensee's tax exempt status.
C.
"Component"
means a part of a
				gaming machine that is necessary for the proper operation and essential
				function of the gaming machine, including but not limited to a hopper, coin
				acceptor, microprocessor and related circuitry, erasable programmable read-only
				memory ( EPROM), bill acceptor, progressive system, monitoring system, meter;
				and any other parts the board determines are components; a component is
				necessary for the proper operation and essential function of a gaming machine
				if it affects, directly or indirectly, the gaming machine's operation, game
				outcome, security, recordkeeping, or communication with the central monitoring
				system; parts such as light bulbs, buttons, wires, decorative glass, fuses,
				batteries, handles, springs, brackets, and locks are not components.
D.
"Control,"
when used as a
				noun, means the possession, direct or indirect, of the power to direct or cause
				the direction of the management and policies of a person or to exercise
				significant influence over management and policies due to financial investment,
				assumption of debts or expenses, or other monetary or non-monetary
				considerations extended to the applicant or licensee; when used as a verb,
				"control" means to exert, directly or indirectly, such power, or to be in a
				position to exert such power.
E.
"Key executive"
means an executive of a licensee or other person
				having the power to exercise significant influence over decisions concerning
				any part of the licensed operations of the licensee or whose annual base
				compensation exceeds $250,000.
F.
"Foreign institutional investor"
means a government related
				pension plan or a person that meets the requirements of a qualified
				institutional buyer as defined by the governing financial regulatory agency of
				the country where the company primary operations are located, and is registered
				or licensed in that country as a bank; an insurance company; an investment
				company; an investment advisor; collective trust funds; an employee benefit
				plan or pension fund sponsored by a publicly traded corporation registered with
				the board; or a group comprised entirely of entities specified by this
				subsection.
G.
"Gaming
				protection plan"
means a written plan delineating the electronic and
				physical security measures to be taken by a licensee to insure the integrity of
				each game and any associated equipment including, if applicable, progressive
				gaming systems, bonusing or points systems and slot accounting systems. A
				gaming protection plan shall include a plan for data backup and
				recovery.
H.
"Licensed
				premises"
means the area that has been approved for gaming on the
				premises that is under the direct control of a gaming operator licensee and
				from which the licensee is authorized to operate and permit the play of gaming
				machines.
I.
"Limited use
				distributor's license"
means a restricted authorization to sell gaming
				machines or associated equipment.
J.
"Majority interest"
means an
				ownership interest, whether direct or indirect, of more than fifty percent in
				the licensee.
K.
"Manage"
means to take charge of, direct, superintend, restrict,
				regulate, administer, or oversee the operation of a gaming activity or other
				activity or function.
L.
"Manufacturer"
means a person who manufactures, fabricates,
				assembles, produces, programs, refurbishes, or makes modifications to any
				gaming device for use or play in the state or for sale, lease or distribution
				outside the state from any location within the state.
M.
"Member"
means an individual
				who has qualified for and been granted full membership in a nonprofit
				organization by swearing in, approval vote of the membership, or approval vote
				of a designated committee pursuant to the nonprofit organization's charter,
				articles of incorporation, bylaws, or rules, and who is in good
				standing.
N.
"Modification"
means a change or alteration in an approved gaming
				machine that affects the manner or mode of play or the percentage paid by the
				gaming machine, including a change in control or graphics programs;
				"modification" does not include a conversion from one approved mode of play to
				another approved mode of play, replacement of one game for another approved
				game; replacement of one component with another pre-approved component, or the
				rebuilding of a previously approved gaming machine with pre-approved
				components.
O.
"Person"
means a legal entity or an individual.
P.
"Premises"
means the land
				together with all buildings improvements and personal property located on the
				land.
Q.
"State"
means
				the state of New Mexico.
R.
"Technical violation"
means a violation of board rules or the
				gaming laws and regulations of any jurisdiction that does not reflect adversely
				on the applicant's moral character, honesty and integrity, business probity or
				financial viability.
S.
"This
				title"
means Title 15, Chapter 1 of the New Mexico Administrative
				Code.