TITLE 15 GAMBLING AND
LIQUOR CONTROL
CHAPTER 1 GAMES AND GAMING
GENERAL PROVISIONS
PART 13 LICENSE AND
CERTIFICATION RENEWAL REQUIREMENTS UNDER THE
GAMING
CONTROL ACT
15.1.13.1 ISSUING AGENCY: New Mexico Gaming Control Board.
[12/31/98; 15.1.13.1
NMAC - Rn, 15 NMAC 1.13.1, 3/31/00]
15.1.13.2 SCOPE:
This rule applies to all licensees under the Gaming Control Board.
[12/31/98; 15.1.13.2
NMAC - Rn, 15 NMAC 1.13.2, 3/31/00]
15.1.13.3 STATUTORY AUTHORITY: 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-8(C)(1) directs the board to adopt regulations prescribing the
method and form of application to be filed by an applicant under the Gaming
Control Act. Pursuant to Section
60-2E-14(F), all licenses issued to or for manufacturers, distributors, gaming
operators, and gaming machines and all work permits shall be renewed annually.
[12/31/98; 15.1.13.3 NMAC - Rn, 15 NMAC 1.13.3, 3/31/00; A, 11/30/05]
15.1.13.4 DURATION: Permanent.
[12/31/98; 15.1.13.4
NMAC - Rn, 15 NMAC 1.13.4, 3/31/00]
15.1.13.5 EFFECTIVE DATE: December 31, 1998, unless a later date is
cited at the end of a section.
[12/31/98; 15.1.13.5 NMAC - Rn, 15 NMAC 1.13.5,
3/31/00; A, 1/31/02]
15.1.13.6 OBJECTIVE: The
objective of this rule is to establish standards for the annual renewal of
licenses issued under the Gaming Control Act.
[12/31/98; 15.1.13.6
NMAC - Rn, 15 NMAC 1.13.6,
3/31/00]
15.1.13.7 DEFINITIONS: Unless
otherwise defined below, terms used in these regulations have the same meanings
as set forth in the Gaming Control Act:
A. “Act”
means the Gaming Control Act.
B. “gaming
activity” means any endeavor associated with the manufacture or
distribution of gaming devices or the conduct of gaming, including employment
as a gaming employee.
C. “licensee”
means a person to whom a valid license, including a work permit, has been
issued.
D. “person” means a legal entity or individual.
E. “State” means the State of New Mexico.
[12/31/98; 15.1.13.7
NMAC - Rn, 15 NMAC 1.13.7, 3/31/00]
15.1.13.8 RENEWAL
OF LICENSE OR WORK PERMIT:
A. Licenses issued under the act, other
than gaming machine licenses, expire one (1) year from the date of the issuance
of the license, and are subject to annual renewal in accordance with the act
and this rule.
B. A complete renewal application and
payment of all applicable fees for renewal of a license shall be filed with the
board not less than sixty (60) days prior to the date the license expires. The renewal application shall be submitted on
forms provided by the board. Gaming
operator licensees shall submit compulsive gambling plans with the renewal
application.
C. In addition to any other information
required, the renewal application for a nonprofit organization gaming operator
license shall include a copy of its amended charter, if any, articles of
incorporation, bylaws, or rules that establish regular or auxiliary membership
requirements, the name, home address, phone number and e-mail address of each
member of the governing board, and a copy of its most recent federal income tax
return (Form 990). The board may deny a
license renewal application if it determines that any amendment has opened, or
may open, gaming activity to persons beyond those authorized under the act.
D. In
addition to any other information required, the renewal application for a
racetrack gaming operator license shall include proof that the racetrack holds
an active license to conduct pari-mutuel wagering. The application also shall include a copy of
the racetrack’s schedule of live races on each race day during its licensed
race meet for the renewal year. If the
schedule of live races for the entire renewal year has not been approved by the
date the renewal application is filed with the board, the racetrack gaming
operator licensee shall submit a schedule of live race days currently approved
by the racing commission, and shall submit a proposed schedule of additional
race days for the license year with the renewal application and shall submit a
final schedule for the remainder of the license year within fifteen (15) days
of approval by the racing commission.
E. The board may deny a license renewal
application if the applicant is delinquent in the payment of any installment of
the gaming tax or the payment of any other fees, fines, costs, or penalties
imposed by the state, the liability for which arises out of any previous or
current application to conduct, or out of the conduct of, gaming activity in
the state.
F. A work permit expires three (3)
years from the date of issuance. A
complete renewal application and payment of all applicable fees for renewal of
the work permit shall be filed with the board not less than ten (10) days prior
to the date the work permit expires. The
renewal application shall be submitted on forms provided by the board.
[12/31/98; 15.1.13.8
NMAC - Rn & A, 15 NMAC 1.13.8, 3/31/00; A, 1/31/02; A, 11/30/05; A, 12/15/10; A, 10/15/15]
15.1.13.9 RENEWAL
FEES:
A. Renewal
license fees are as follows:
(1) gaming
machine manufacturer’s license, $2,000;
(2) associated equipment manufacturer's license, $400.00;
(3) gaming
machine or associated equipment distributor’s
license, $400;
(4) gaming operator’s license for racetrack, $4,000;
(5) gaming operator’s license for nonprofit organization, $100;
(6) gaming machine license, $25 per machine;
(7) work permit, $75; and
(8) certification of finding of suitability, $75.
B. Any
renewal application shall be deemed incomplete, and shall be subject to late
fees and penalties, if the applicant does not include full payment for the
license renewal fee with the application or if the applicant’s check is
returned due to insufficient funds.
C. The board or its designee may prorate the license fee in cases it
deems appropriate.
D. In
addition to the renewal fee paid, an applicant for renewal of a certification
of finding of suitability as a key person for a racetrack gaming operator,
manufacturer or distributor shall pay all supplementary investigative fees and
costs.
E. An
applicant for renewal of a certification of finding of suitability as a key
person for a racetrack gaming operator, manufacturer or distributor shall
reimburse the board in an amount sufficient to cover actual fees and costs of
any investigation within 30 days of receipt of notice of actual fees and costs
incurred by the board in conducting a background investigation of the
applicant.
F. An
applicant for renewal of a certification of finding of suitability for a
nonprofit gaming operator shall not be assessed investigative fees and costs.
[12/31/98; 15.1.13.9 NMAC – Rn, 15 NMAC
1.13.9, 3/31/00; A, 11/30/05; A, 5/15/07; A, 8/30/07; A, 12/15/10]
15.1.13.10 LATE RENEWAL OF LICENSE,
CERTIFICATION OR WORK PERMIT:
A. The
board may, in its discretion, accept and process a renewal application for a
gaming operator's, manufacturer or distributor's
license, work permit or certification of finding of suitability filed after the
deadlines established in 15.1.13.8 NMAC and 15.1.13.13 NMAC. Any such application for a racetrack gaming
operator, manufacturer's or distributor's license, shall be subject to a late
renewal fee of two hundred fifty dollars ($250) plus ten dollars ($10) per day
for each additional day the renewal application is late. Any such application for a nonprofit gaming
operator's license shall be subject to a late renewal fee of one hundred fifty
dollars ($150) plus ten dollars ($10) per day for each additional day the
renewal application is late.
B. To
allow sufficient processing time by the board, no renewal application for a
gaming operator's, manufacturer or distributor's license,
or for a certification of finding of suitability shall be accepted by the board
less than forty-five (45) days of the expiration date of the license,
regardless of whether the applicant for renewal pays late fees. Any applicant for renewal who fails to submit
a complete renewal application at least forty-five (45) days before the expiration
date of his or her license or certification of finding of suitability shall be
required to file a full application for and pay all applicable fees and
investigation costs if that person desires to engage in the conduct of gaming
activities.
C. If
an applicant for a racetrack gaming operator's, manufacturer's or distributor's
license applies for such license within thirty (30) days after the expiration
of a previously held license, in addition to initial application fees, the
applicant will be charged a fee of two hundred fifty dollars ($250.00) plus ten
dollars ($10.00) for each day that has passed since the expiration date until
the new application is filed. If an
applicant for a nonprofit gaming operator's license, or for a work permit or
certification of finding of suitability applies for such license, permit or
certification within thirty (30) days after the expiration of a previously held
license, permit or certification, in addition to initial application fees, the
applicant will be charged a fee of one hundred and fifty dollars ($150.00) plus
ten dollars ($10.00) for each day that has passed since the expiration date
until the new application is filed.
[12/31/98; 15.1.13.10 NMAC - Rn & A,
15 NMAC 1.13.10, 3/31/00; Repealed, 1/31/02; 15.1.13.10 NMAC - Rn, 15.1.13.11
NMAC, 1/31/02; A, 5/14/04; A,
11/30/05; A, 12/15/10; A, 10/15/15]
15.1.13.11 MANDATORY
CESSATION OF GAMING ACTIVITY: No licensee shall engage in any gaming
activity unless the licensee has received a renewed license from the board. Any licensee that fails to renew its license
as required by the act and this rule shall cease the gaming activity authorized
by the license on the date the license expires.
Engaging in any gaming activity without a renewed license shall subject
the licensee to fines and penalties as determined by the board.
[12/31/98; 15.1.13.11 NMAC - Rn & A, 15
NMAC 1.13.11, 3/31/00; 15.1.13.11 NMAC - Rn, 15.1.13.12 NMAC, 1/31/02; A,
11/30/05]
15.1.13.12 RENEWAL
LICENSE PERIOD: All licenses shall expire annually on the
anniversary date of the original issuance and will be subject to renewal on an
anniversary date basis.
[12/31/98; 15.1.13.12 NMAC - Rn, 15 NMAC
1.13.12, 3/31/00; 15.1.13.12 NMAC - Rn, 15.1.13.13 NMAC, 1/31/02; A, 11/30/05;
A, 12/15/10]
15.1.13.13 RECERTIFICATION OF FINDING OF SUITABILITY:
A. A
certification of finding of suitability expires three years from the date of
issuance. A complete renewal application
and payment of all applicable fees for renewal of the certification of finding
of suitability shall be filed with the board not less than sixty (60) days
prior to the date the certification of finding of suitability expires. The renewal application shall be submitted on
forms provided by the board.
B. The
board may require any person previously certified as suitable by the board to
apply for recertification of the finding of suitability at any time if the
board believes that circumstances warrant such application.
C. Any person required by the board to apply for recertification shall
apply within 30 days after the date of the board’s request and provide such
information as the board may direct. The
board may find any person failing to apply for recertification as required in
this rule unsuitable on that basis.
[12/31/98; 15.1.13.13 NMAC - Rn & A, 15
NMAC 1.13.13, 3/31/00; 15.1.13.13 NMAC - Rn, 15.1.13.14 NMAC, 1/31/02; A,
11/30/05]
HISTORY OF 15.1.13 NMAC:
Pre NMAC History: None.
History of Repealed Material:
[Reserved]
Other History:
15 NMAC 1.13, License and Certification
Renewal Requirements Under the Gaming Control Act,
effective 12/31/98.
15 NMAC 1.13, License and Certification
Renewal Requirements Under the Gaming Control Act (filed 12/14/98) reformatted,
renumbered, amended and replaced by 15.1.13 NMAC, License and Certification
Renewal Requirements Under the Gaming Control Act, effective, 3/31/2000.