reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.31 - ACCESS TO GAMING ESTABLISHMENT AND RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No applicant or licensee shall fail or
				refuse to produce records or evidence or to give information upon demand by the
				board or its agent. No applicant or licensee shall interfere or attempt to
				interfere with any effort by the board or its agent to obtain such records or
				evidence.
B. Each licensee shall
				immediately make available for inspection by the board or its agent all papers,
				books, and records produced by any gaming operation and all areas of the gaming
				establishment or the premises of any other licensee. The board or any of its
				agents shall be given immediate access to the gaming establishment or the
				premises of any other licensee for the purpose of examining or inspecting any
				gaming device and any records or documents required to be kept under the act or
				this title. The authority to examine and inspect includes the authority to make
				copies of any such documents and records.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.32 - USE OF GAMING RECEIPTS BY NONPROFIT OPERATOR LICENSEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A nonprofit operator licensee may utilize up to sixty five percent of net take,
				after payment of the gaming tax, to pay allowable expenses in reasonable
				amounts for conducting gaming activities on its licensed premises. If the
				nonprofit operator licensee has entered into a valid lease or other arrangement
				for furnishing gaming machines, the sixty five percent maximum shall be
				distributed as follows:
(1) the maximum of
				forty percent of net take after gaming taxes or no greater than the contract
				amount if less than forty percent for payment to licensed distributors pursuant
				to a lease or other arrangement for furnishing a gaming machine;
(2) for payment of other allowable gaming
				expenses, an amount equal to the difference between sixty five percent of net
				take less the amount paid to the distributor as described above.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.33 - GAMING OPERATIONS MANAGEMENT CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a gaming operator licensee enters into
				a management contract with any person, the management contract shall:
(1) provide that only gaming activity allowed
				pursuant to the act will be conducted on the licensed premises;
(2) list the responsibilities of each of the
				parties, including but not limited to maintaining and improving the licensed
				premises; hiring, firing, training and promoting employees and establishing
				employment practices; maintaining the books and records of the gaming
				operation; preparing financial statements and reports; hiring and supervising
				security personnel; obtaining and maintaining insurance coverage, including
				coverage of public liability and property loss or damage; and ensuring
				compliance with all applicable laws, including state and federal
				laws;
(3) provide for the
				establishment and maintenance of satisfactory accounting systems and
				procedures, including a system of internal controls that meets the minimum
				standards established by the board;
(4) provide for the timely deposit of all
				gaming receipts required to be deposited into the gaming tax transfer account
				as set forth in this rule;
(5) if
				applicable, provide for the establishment and maintenance of a separate
				operating account as required by this chapter of this title, and limit access
				to the account to the nonprofit operator licensee;
(6) retain for the gaming operator licensee
				the right to timely receive, on at least a monthly basis, financial reports and
				information used or necessary to prepare the reports;
(7) retain for the gaming operator licensee
				the right to full and immediate access to all books and records for the purpose
				of verification of any information produced in connection with, or relating to,
				gaming activities;
(8) provide for
				a term not to exceed five years;
(9) detail the method of compensating the
				contract manager and the amounts paid and provide for verification by the
				gaming operator licensee prior to payment;
(10) provide the grounds for modifying or
				terminating the agreement;
(11)
				provide the means for dispute resolution;
(12) prohibit subcontracting of all or part
				of the agreement;
(13) retain
				ownership of the gaming operator license with the licensee;
(14) verify that the management contractor is
				not an affiliate of the licensee;
(15) require that any personnel of the
				management contractor shall obtain a certification of finding of suitability or
				work permit if deemed necessary by the board; and
(16) specify that the agreement will not go
				into effect until approved by the board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.34 - DAMAGE TO OR THEFT FROM DEVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon discovery of theft from or damage to
				a gaming device that affects operation of the device, the licensee or owner of
				the gaming device shall request an investigation by the board's agents, the
				department of public safety, or local law enforcement and shall immediately
				notify the board.
B. After
				investigation by the board's agents or other law enforcement agency, the
				licensee or owner of the gaming device shall obtain and submit the following
				reports to the board:
(1) service or repair
				report with hard and soft meter readings from the gaming device with an audit
				ticket attached; the meter readings shall be taken as soon as possible after
				discovery of the theft or damage; and
(2) when possible, an offense report or
				complaint report from the board's agents or other law enforcement
				agency.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.35 - LICENSE TRANSFER PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any license granted or renewed by the
				board may not be transferred. For purposes of this section, "transfer" includes
				assigning the license.
B. A
				transfer of license ownership that occurs after the board has issued the
				license shall automatically terminate the license as of the date of the
				transfer For purposes of this section, a transfer of ownership of a twenty
				percent interest or more of the licensee constitutes a transfer of the license
				unless the board determines otherwise following the former licensee's written
				request for a determination pursuant to board rule 15.1.5.28 NMAC.
C. A change in the ownership structure of the
				licensee, in which one or more owners previously certified as suitable by the
				board retain ownership of the licensee, and no new persons obtain an ownership
				interest of twenty percent or more in the licensee or license, does not
				constitute a transfer of license ownership. The board, however, may require
				that any or all of the owners submit applications to obtain findings of
				suitability. Failure of the licensee to request a determination, or to submit
				applications for findings of suitability as required shall automatically
				terminate the license.
D. If there
				is a change in ownership structure of the licensee in which there is a transfer
				of ownership of twenty percent or more of the licensee, the licensee shall
				comply with board rule 15.1.5.28 NMAC.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.36 - POSSESSION AND VERIFICATION OF WORK PERMITS AND KEY EXECUTIVE IDENTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Every gaming employee and key executive must wear his or her valid work permit
				or key executive identification where easily visible at all times when engaged
				in the conduct of gaming activities.
B. A work permit or key executive
				identification is not valid if it does not include the board-issued license
				number under which the work permit or identification was issued.
C. If a gaming identification badge is lost
				or damaged, the gaming employee holding the badge shall notify the board's
				licensing division within 24 hours and apply for a replacement badge on forms
				approved by the board within three business days.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.37 - HOUSE RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensee
				may establish house rules applicable to the operation of gaming machines or
				other gaming activities as long as the rules do not conflict with the act or
				this title. Before any licensee enacts or adopts any house rules, the rules
				shall be submitted to the board for approval.
B. A copy of the house rules shall be in the
				licensee's possession at all times and made available to any person on
				request.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.38 - LICENSE POSTING REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
All licenses issued under the act shall be posted by the
				  licensee and kept posted at all times in a conspicuous place on the licensed
				  premises.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.39 - DETENTION AND QUESTIONING

Current through Register Vol. 35, No. 13, July 16, 2024
The gaming operator license shall post in a conspicuous place
				  on the licensed premises a notice in boldface type, clearly legible and in
				  substantially the following form: "Any gaming operator licensee or any of his
				  officers, employees or agent who have reasonable cause for believing that any
				  person has violated any provision of the Gaming Control Act prohibiting
				  cheating in gaming may detain that person in the
				  establishment."
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.40 - FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
The board may prescribe all forms called for or required by
				  the act or this title, and all flings with the board must be accompanied by
				  such affidavits, documents, and other supporting data as the board
				  requires.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.41 - FOOD OR ALCOHOL AS ENTICEMENT TO GAME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Providing, allowing, contracting for or
				arranging to provide alcohol or food for no charge or at reduced prices as an
				incentive or enticement for patrons to game is prohibited.
B. Activities that constitute incentives or
				enticements to game include, but are not limited to, any action, promotion,
				advertisement, coupon, or special offer in which:
(1) tokens, cash, or other gaming incentives
				are offered or given in conjunction with free or reduced price alcohol or
				food;
(2) only persons whose names
				are on the gaming operator's player tracking system are eligible for free or
				reduced price alcohol or food, unless listing on the player tracking system is
				open to anyone by request;
(3) free
				or reduced price alcohol or food is offered or given to any person while
				playing a gaming machine;
(4)
				eligibility to receive free or reduced price alcohol or food requires gaming
				machine play or is otherwise directly tied to gaming machine play; or
(5) in the board's determination, a
				reasonable person would be enticed to engage in gaming activity as a result of
				the free or reduced price alcohol or food.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.42 - MINIMUM LIVE RACE DAYS AND RACES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A racetrack gaming operator's license
				shall become automatically void if the racetrack fails to maintain a minimum of
				four live race days a week with at least nine live races on each race day
				during its licensed race meet.
B.
				Maintaining fewer than four live race days or nine live races on each race day
				during a licensed race meet does not constitute a failure to maintain the
				minimum number of live race days or races required by Section 60-2E-27(B), NMSA
				1978 of the act or these rules if the licensee submits to the board written
				approval by the racing commission for the licensee to vary the minimum number
				of live race days or races, and the variance is due to any of the following:
(1) inability of a racetrack gaming operator
				licensee to fill races as published in the licensee's condition book;
(2) severe weather or other act, event or
				occurrence resulting from natural forces;
(3) strikes or work stoppages by jockeys or
				other persons necessary to conduct a race or meet;
(4) power outages, electrical failures, or
				failure or unavailability of any equipment or supplies necessary to conduct a
				race or meet;
(5) hazardous
				conditions or other threats to the public health or safety; or
(6) any other act, event or occurrence that
				is not within the control of the licensee even with the exercise of reasonable
				diligence or care.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.43 - CESSATION OF GAMING ACTIVITIES; SURRENDER AND CANCELLATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any gaming
				operator licensee that ceases gaming activities for more than seven consecutive
				days and has not requested and received authorization from the board under
				Subsection B of 15.1.10.43 NMAC, shall surrender its gaming operator's license
				to the board within 10 days of ceasing those activities. The board shall cancel
				the gaming operator's license as of the date gaming activities ceased, and no
				further gaming activities by the gaming operator's licensee shall be permitted.
				Cancellation of a gaming operator's license does not constitute revocation,
				permanent suspension, or other limiting action of the gaming operator's license
				by the board. The gaming operator's licensee shall submit a new application and
				obtain a new gaming operator's license before resuming gaming activities.
B. Upon written request, the board
				may authorize a gaming operator licensee to temporarily cease gaming
				activities. A gaming operator licensee who is authorized by the board to
				temporarily cease gaming activities shall notify the board of its intent to
				resume gaming activities but shall not resume such activities until approved by
				the board.
C. If a gaming operator
				licensee wishes to cease gaming activities indefinitely, with no intent to
				resume gaming activities, the gaming operator licensee:
(1) shall notify the board of its intentions
				to cease gaming activities indefinitely;
(2) shall submit to a final audit by the
				board to insure that all taxes, charitable payments and outstanding obligations
				of the gaming operation have been paid;
(3) shall ensure that all gaming machines are
				removed from the premises in a manner that complies with the Gaming Control Act
				and board rules;
(4) shall comply
				with any other requirements imposed by the board;
(5) shall physically surrender the gaming
				operator's license and all gaming badges.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.44 - ALLOCATION OF GAMING MACHINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Only racetrack gaming operator licensees
				are eligible to allocate gaming machines or receive allocated gaming
				machines.
B. Gaming machines shall
				be allocated only pursuant to a valid allocation agreement. The allocation
				agreement must:
(1) specify the number of
				gaming machines to be allocated;
(2) specify the terms of the allocation
				agreement;
(3) provide that the
				allocation agreement confers to the receiving racetrack only the right to
				operate the gaming machines;
(4)
				establish terms of payment for use of the allocated gaming machines;
(5) specify that the receiving racetrack will
				be responsible for payment of the gaming tax and all fees associated with the
				licensing of the allocated gaming machines;
(6) specify that the receiving racetrack be
				responsible for statutorily required payments based on net take, including
				payment of twenty percent of the net take from the allocated gaming machines to
				horsemen's purses and one quarter of one percent of the net take to fund or
				support programs for the treatment and assistance of compulsive
				gamblers;
(7) provide that the
				receiving racetrack may not allocate the gaming machines;
(8) specify the party responsible for repairs
				and maintenance of the allocated gaming machines;
(9) provide that the allocation agreement
				cannot be modified without approval of the board and the New Mexico racing
				commission; and
(10) provide that
				the allocation agreement shall not become effective until approved in writing
				by the board and the New Mexico racing commission.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.45 - NONPROFIT CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A nonprofit
				gaming operator and distributor licensee jointly shall submit any contract or
				lease agreement between the nonprofit gaming operator licensee or distributor
				licensee and any other licensee to the board for review not less than 30
				calendar days before the contract or lease agreement goes into effect. The term
				"contract or lease agreement" shall include any amendment of an existing
				contract or lease agreement.
B. Any
				contract or lease agreement submitted for review shall include copies of any
				ancillary agreement, shall state with specificity the beginning and expiration
				date of the contract, shall state the maximum jackpot agreed upon by the
				parties for each machine being installed, and shall include meeting minutes or
				other evidence that the contract has been approved by the nonprofit gaming
				operator's governing body.
C. The
				contract or lease agreement shall be deemed approved unless the board
				disapproves the contract or lease agreement in writing prior to the effective
				date of the contract or lease agreement
.
The board shall
				disapprove a contract or lease agreement submitted for review if the contract
				or lease agreement was not submitted in compliance with this rule or if it
				directly or indirectly permits another licensee to manage or otherwise control
				the nonprofit gaming operator licensee.
D. The factors that may be considered by the
				board to be indicia of direct or indirect management or control include, but
				are not limited to:
(1) whether the amount and
				terms of any loans made to the nonprofit gaming operator licensee, including
				the principal amount, interest rate, monthly payment and re-payment period, are
				disproportionate to the assets of the nonprofit gaming operator licensee or
				create an excessive debt to income ratio;
(2) whether the terms and conditions of any
				gift, donation or other benefit conferred to the non-profit gaming operator
				licensee permit another licensee to exercise any direct or indirect management
				or control over the day-to-day operations of the nonprofit gaming operator
				licensee;
(3) whether the contract
				or agreement contains a provision that calls for automatic renewal of the
				contract or agreement without notice,
(4) whether the term of the contract or
				agreement is greater than five years,
(5) whether any other term or condition of
				the lease agreement or contract permits any licensee to effectively exercise
				direct or indirect management or control over any of the day-to-day operations
				of the nonprofit gaming operator licensee.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.46 - DISTRIBUTOR/ MANUFACTURER PARTICIPATION IN SLOT REVENUE; RACETRACK OPERATORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A distributor
				licensee may receive a percentage of net take from a particular gaming machine
				as a payment pursuant to a lease or other arrangement for furnishing the gaming
				machine to a racetrack gaming operator in an amount as agreed to by the
				parties, but in no event more than forty percent of net take.
B. A manufacturer licensee may receive a
				percentage of net take from a particular gaming machine as a payment pursuant
				to a lease or other arrangement for furnishing the gaming machine to a
				racetrack gaming operator in an amount as agreed to by the parties, but in no
				event more than forty percent of net take.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.47 - PLAYER TRACKING SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Player tracking systems shall be approved by the board or its designee in
				accordance with rules governing approval of associated equipment.
B. A gaming operator licensee shall delete a
				player's name from the system immediately upon the player's request.
C. Names deleted from the player tracking
				system at the player's request shall not be reprogrammed into the system except
				upon express authorization by the player
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.48 - VARIANCE REQUEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				licensee may seek a variance of any provision of the board rules or minimum
				internal control standards. The licensee shall submit the request in writing to
				the board's legal division on a form provided by the Board.
B. The variance request shall include:
(1) the licensee's name;
(2) the licensee's license number;
(3) the licensee's address;
(4) the specific section of the rules or
				minimum internal control standards for which the variance is being sought;
				and
(5) a specific basis for the
				request, including an explanation of any business justification for the request
				and a showing of how the variance request is in the public interest.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all licensees and gaming establishments
				  under the New Mexico Gaming Control Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 60-2E-7(B)(3) of the Gaming Control Act authorizes
				  the board to develop, adopt and promulgate all regulations necessary to
				  implement and administer the provisions of the Gaming Control Act. Section
				  60-2E-34(A) directs the board to adopt regulations that provide for the
				  establishment of a list of persons who are to be excluded or ejected from a
				  gaming establishment. Section
				  60-2E-34.1
				  of the Gaming Control Act requires the board to develop rules to permit a
				  person who is a compulsive gambler to be self-excluded from a gaming
				  establishment.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule provides for the establishment of a list of persons
				  to be excluded or ejected from gaming establishments and grounds for exclusion
				  or ejection.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.7 - 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 Gaming
				Control Act.
B.
"candidate"
means any person whom the board believes should be placed on the
				list.
C.
"involuntarily
				excluded person"
means any person placed by the board on the involuntary
				exclusion list pursuant to Section
				60-2E-34
				of the act and who has failed to timely request a hearing as set forth in this
				rule or who remains on the involuntary exclusion list after a final
				determination by the board.
D.
"involuntary exclusion list"
means a list of names of persons who
				are required to be excluded or ejected from gaming establishments pursuant to
				Section
				60-2E-34
				of the act.
E.
"self-exclusion list"
means a list of names of persons who have been
				placed on the voluntary exclusion list pursuant to Section
				60-2E-34.1
				of the act.
F.
"self-excluded person"
means a person who has excluded themselves from a
				gaming establishment pursuant to Section
				60-2E-34.1
				of the act.
G.
"person"
means an individual.
H.
"petitioner"
means a person who files a request for hearing
				before the board.
I.
"state"
means the state of New Mexico.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.8 - ENTRY OF NAMES ON INVOLUNTARY EXCLUSION LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board may place on the involuntary
				exclusion list the name of any person who, because of any of the criteria set
				forth in this rule, is to be excluded or ejected from a licensed premise, upon
				the board's determination that such exclusion or ejection is in the best
				interest of the state or licensed gaming activity.
B. Before a name is placed on the involuntary
				exclusion list, the board shall informally review the information and evidence
				in its possession to determine whether there is sufficient reason to believe
				that any one of the criteria set forth in this rule is applicable to the
				candidate.
C. Except as otherwise
				provided in this rule, no person on the involuntary exclusion list shall be
				excluded or ejected from a gaming establishment until the person has had notice
				and an opportunity for a hearing as provided for in this rule and the board has
				issued a final decision.
D. The
				fling of a petition for judicial review of the board's decision does not stay
				enforcement of any board action placing an excluded person on the list. The
				board may grant such a stay under circumstances it deems appropriate.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.9 - CONTENTS AND DISTRIBUTION OF INVOLUNTARY EXCLUSION LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. The involuntary exclusion list shall be
				open to public inspection and shall be distributed by the board to every
				licensed gaming establishment within the state and to the department of public
				safety for distribution to law enforcement agencies located in the
				state.
B. The following information
				shall be provided for each excluded person:
(1) the person's full name and all aliases
				the person is believed to have used;
(2) the person's physical description,
				including height, weight, type of build, color of hair and eyes, and any other
				physical characteristics that may assist in the identification of the
				person;
(3) date of
				birth;
(4) effective date the
				person's name was placed on the list; and
(5) a photograph and the date of the
				photograph.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.10 - NOTICE OF CANDIDACY FOR INVOLUNTARY EXCLUSION LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. After the board has determined that an
				individual should be placed on the involuntary exclusion list, notice of the
				determination shall be given to the person by personal service or by certified
				mail to the person's address last known to the board, or by service by
				publication if personal service or service by certified mail is
				unsuccessful.
B. Notice of
				candidacy shall be in substantially the following form:
TO: (Name of candidate, including any aliases)
You are hereby notified that the New Mexico Gaming Control
				  Board deems you to be a person to be excluded from licensed gaming
				  establishments within the State of New Mexico, pursuant to Section 60-2E-34(A)
				  of the Gaming Control Act, Sections
				  60-2E-1
				  through
				  60-2E-61 NMSA
				  1978. The grounds for exclusion are as follows: (designate subsections of the
				  Act or board rules as grounds). You are further advised that you may request,
				  within thirty (30) days from the date of service of this notice, a hearing
				  before the Gaming Control Board pursuant to Section
				  60-2E-59
				  of the Act to show cause why your name should not be placed on the involuntary
				  exclusion list.
DATED this ___________ day of
				  _____________________________________ , ___________ .
_______________________________________________
Board Member
C. If a candidate does not request a hearing,
				the board shall issue a final written decision as to the candidate's placement
				on the involuntary exclusion list. The person's exclusion or ejection from
				gaming establishments shall become effective the date of issuance of the
				board's final order.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.11 - HEARING FOR PLACEMENT ON THE INVOLUNTARY EXCLUSION LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. The procedures, rights, and remedies
				specified in Section 60-2E-59(B) of the act and rule 15.1.14 NMAC promulgated
				by the board shall apply to any hearings provided to the candidate for
				placement on the involuntary exclusion list. As used in those provisions,
				"petitioner" means the candidate.
B. The board's final written order shall be
				given to the candidate and to all licensed gaming establishments within the
				state.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.12 - PETITION TO REMOVE NAME FROM THE INVOLUNTARY EXCLUSION LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person who,
				after a final determination by the board, has been placed on the involuntary
				exclusion list may petition the board in writing and request that his or her
				name be removed from the list. The petition shall be verified and state the
				specific grounds believed by the petitioner to constitute good cause for
				removal of his or her name.
B. The
				board shall have ninety (90) days in which to entertain the petition. After
				ninety (90) days, the board shall either set the petition for hearing or deny
				the petition. If the board decides to entertain the petition, it shall specify
				a hearing date and, thereafter, the procedures set forth in 15.1.15 NMAC shall
				apply. As used in those provisions, " appellant" means the excluded
				person.
C. The record of evidence
				and testimony, if any, used by the board in making its original determination
				of exclusion may be considered by the board at the petition hearing; provided,
				however, the record may not be reopened except upon the express consent of the
				board. Unless otherwise allowed by the board, only evidence relevant to the
				grounds specified in the petition may be heard. However, the board may request
				any additional investigation it deems necessary or useful in making its
				decision. The petitioner bears the burden of showing good cause for removal
				from the involuntary exclusion list.
D. When the board determines that a person
				should be removed from the involuntary exclusion list, notice of the decision
				shall be made in the same manner as notice under
				15.1.11.10
				NMAC. In addition, in the case of removal proceedings pursuant to 15.1.11.12
				NMAC, the board shall give notice to all licensed gaming establishments and to
				the department of public safety for distribution to law enforcement agencies
				located in the state.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.13 - RESTRICTION ON FILING ADDITIONAL PETITIONS AFTER DENIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.Any person whose petition for removal from
				the involuntary exclusion list has been denied may not file another such
				petition with the board until one (1) year has expired from the date of
				denial.
B.The board may, in its
				discretion and upon written request for waiver, waive the one (1)-year
				restriction.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.14 - DUTY OF LICENSEE TO EXCLUDE PERSON ON INVOLUNTARY EXCLUSION LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				involuntarily excluded person shall be excluded from the area of the gaming
				establishment designated as the licensed premises.
B. Whenever an involuntarily excluded person
				enters, attempts to enter, or is on the licensed premises, and the licensee or
				its agent or a gaming employee knows or has reason to know that the person is
				an involuntarily excluded person, the licensee or its agents or employees shall
				do the following:
(1) immediately notify the
				board's enforcement division of the excluded person's presence in the gaming
				establishment;
(2) ask the person
				to not enter the licensed premises, or if on the licensed premises, to
				immediately leave; and
(3) notify
				the state department of public safety or the appropriate local law enforcement
				agency and the board's enforcement division if the excluded person fails to
				comply with a request not to enter the licensed premises or to immediately
				leave the licensed premises.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.15 - GROUNDS FOR INVOLUNTARY EXCLUSION OR EJECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board may include on the involuntary
				exclusion list any person whose presence in a gaming establishment is
				determined by the board to pose a threat to the public interest or licensed
				gaming activities.
B. In
				determining whether to include a person on the involuntary exclusion list, the
				board may consider:
(1) prior conviction of 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 Act or board rules relating to willful evasion of fees,
				fines, or taxes, or the failure to disclose an interest in a gaming activity
				for which the person must obtain a license;
(3) notorious or unsavory reputation that
				would adversely affect public confidence and trust that the gaming industry is
				free from criminal or corruptive influences;
(4) written order of any governmental agency
				of the state or any other state that authorizes the exclusion or ejection of
				the person from an establishment at which gaming is conducted; or
(5) any other grounds determined by the board
				to pose a threat to the public health, safety, morals, or general
				welfare.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.16 - ENTRY OF NAMES ON SELF-EXCLUSION LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person may apply to the board to have
				their name placed on the self-exclusion list.
B. A person applying to the board to have
				their name placed on the self-exclusion list shall file an application on a
				form supplied and approved by the board, and shall meet the following
				requirements:
(1)An applicant for
				self-exclusion shall be required to submit a written application for
				self-exclusion on their own behalf.
(2) An applicant for self-exclusion shall be
				required to submit the written application in person by bringing the
				application to the board's offices or by meeting with an agent of the board for
				the purpose of submitting the application.
(3) An applicant for self-exclusion shall be
				required to provide a photo identification when submitting the written
				application.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.17 - CONTENTS AND DISTRIBUTION OF SELF-EXCLUSION LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. The self-exclusion list shall not be a
				public record open to inspection pursuant to the Inspection of Public Records
				Act.
B. The name of a person on the
				self-exclusion list shall be confidential and shall only be made available to
				authorized agents of the board and authorized personnel of a gaming
				establishment from which the person has self-excluded himself.
C. A gaming operator licensee shall establish
				written policies and procedures to ensure that the information contained in the
				self-exclusion list is maintained in a secure manner and is disseminated only
				to authorized persons on a need-to-know basis.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.18 - DUTY OF LICENSEE TO EXCLUDE PERSON ON SELF-EXCLUSION LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. A self-excluded
				person shall be excluded from the area of the gaming establishment designated
				as the licensed premises.
B.
				Whenever a self-excluded person enters, attempts to enter, or is on the
				licensed premises, and the licensee or its agent or a gaming employee knows or
				has reason to know that the person is a self-excluded person, the licensee or
				its agents or employees shall do the following:
(1)immediately notify the board's enforcement
				division of the self-excluded person's presence in the gaming
				establishment;
(2) ask the
				self-excluded person to not enter the licensed premises, or if on the licensed
				premises, to immediately leave;
(3)
				notify the state department of public safety or the appropriate local law
				enforcement agency and the board's enforcement division if the self-excluded
				person fails to comply with a request not to enter the licensed premises or to
				immediately leave the licensed premises; and
(4) confiscate the winnings and any gaming
				machine credits of the self-excluded person;.a gaming operator licensee shall
				dedicate all winnings confiscated to supplement the gaming operator licensee's
				contributions to fund or support programs for the treatment and assistance of
				compulsive gamblers.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 11 - LIST OF EXCLUDED PERSONS UNDER THE GAMING CONTROL ACT › Section 15.1.11.19 - PETITION TO REMOVE NAME FROM THE SELF-EXCLUSION LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person who has been placed on the
				self-exclusion list may petition the board in writing and request that his or
				her name be removed from the list. The petition shall be verified and state the
				specific grounds believed by the petitioner to constitute good cause for
				removal of his or her name.
B. The
				board shall have ninety (90) days in which to entertain the petition. Within
				ninety (90) days, the board shall review the petition and make a determination
				as to whether to remove the self-excluded person's name from the self-exclusion
				list. The petitioner bears the burden of proving that removal from the
				self-exclusion list is in the public interest. The board shall not grant a
				petition for removal if less than one (1) year has passed since entry of the
				order placing the person on the self-exclusion list.
C. When the board determines that a person
				should be removed from the self-exclusion list, the board shall give notice to
				all licensed gaming establishments to which the self-exclusion was applicable
				and shall remove the person's name from the electronic database maintained by
				the board pursuant to 15.1.19 NMAC.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 12 - USE OF TOKENS UNDER THE GAMING CONTROL ACT › Section 15.1.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all gaming operator licensees, licensed
				  manufacturers and distributors of gaming devices, and applicants for such
				  licenses under the Gaming Control Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 12 - USE OF TOKENS UNDER THE GAMING CONTROL ACT › Section 15.1.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 60-2E-7(B)(3) of the Gaming Control Act authorizes
				  the board to develop, adopt and promulgate all regulations necessary to
				  implement and administer the provisions of the Gaming Control Act. Section
				  60-2E-40
				  requires that the board approve any tokens to be used in the conduct of
				  gaming.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 12 - USE OF TOKENS UNDER THE GAMING CONTROL ACT › Section 15.1.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 12 - USE OF TOKENS UNDER THE GAMING CONTROL ACT › Section 15.1.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish specifications and
				  operating requirements for the use of tokens in the play of licensed gaming
				  machines.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 12 - USE OF TOKENS UNDER THE GAMING CONTROL ACT › Section 15.1.12.7 - 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 Gaming
				Control Act.
B.
"person"
means a legal entity or individual.
C.
"State"
means the State of
				New Mexico.
D.
"token"
means a metal representative of value issued and sold by a
				gaming operator licensee for use in its licensed gaming machines on its
				licensed premises.