TITLE 15 GAMBLING AND LIQUOR CONTROL

CHAPTER 4 BINGO AND RAFFLES

PART 4 LICENSED PREMISES

15.4.4.1 ISSUING AGENCY: New Mexico Gaming Control Board.

[15.4.4.1 NMAC - Rp, 15.4.4.1 NMAC, 2/23/2021]

15.4.4.2 SCOPE: 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.

[15.4.4.2 NMAC - Rp, 15.4.4.2 NMAC, 2/23/2021]

15.4.4.3 STATUTORY AUTHORITY: Authority for this rule derives from the New Mexico Bingo and Raffle Act Section 60-2F-3 NMSA 1978. Subsection H of 60-2F-6 NMSA 1978 authorizes the board to adopt rules to implement the New Mexico Bingo and Raffle Act and to ensure that games of chance conducted in New Mexico are conducted with fairness and that the participants and patrons are protected against illegal practices on any premises.

[15.4.4.3 NMAC - Rp, 15.4.4.3 NMAC, 2/23/2021]

15.4.4.4 DURATION: Permanent.

[15.4.4.4 NMAC - Rp, 15.4.4.4 NMAC, 2/23/2021]

15.4.4.5 EFFECTIVE DATE: February 23, 2021, unless a later date is cited at the end of a section.

[15.4.4.5 NMAC - Rp, 15.4.4.5 NMAC, 2/23/2021]

15.4.4.6 OBJECTIVE: This rule establishes standards and requirements for premises on which licensed games of bingo, raffle and pull-tabs are operated by a licensee pursuant to the New Mexico Bingo and Raffle Act.

[15.4.4.6 NMAC - Rp, 15.4.4.6 NMAC, 2/23/2021]

15.4.4.7 DEFINITIONS: See 15.4.1.7 NMAC for applicable definitions.

[15.4.4.7 NMAC - Rp, 15.4.4.7 NMAC, 2/23/2021]

15.4.4.8 SUITABILITY OF PREMISES: The licensed premises shall meet the requirements of the act and regulations promulgated under the act.

A. The proposed licensed premises shall comply with all zoning ordinance of the city or county and fire safety, health or building codes.

B. A licensee shall maintain a secure storage area on the licensed premises for funds, bingo cards, pull-tabs and raffle tickets.

[15.4.4.8 NMAC - Rp, 15.4.4.8 NMAC, 2/23/2021]

15.4.4.9 AREA OF LICENSED PREMISES; RESTRICTIONS:

A. The licensed premises shall be clearly marked and no games of chance shall be permitted outside of the licensed premises.

B. No bingo operator’s license shall encompass more than one licensed premise.

C. Licensees allowing use of their licensed premise by a non-licensed organization, as defined in Subsection Y of 60-2F-4 1978 and Paragraph (2) of Subsection A of 60-2F-26 NMSA 1978, in the conduct of bingo or raffle shall submit forms prescribed by the board.

D. Any applicant or licensee who leases all or part of the licensed premises or proposed licensed premises shall furnish the following information to the board within 30 days of the effective date of the lease:

(1) the lessor’s name and address;

(2) copy of the lease;

(3) statement describing any business relationships between the licensee or applicant and the lessor other than the lease; and

(4) any other information requested by the board.

E. Failure to provide the information requested constitutes sufficient grounds for the board to deny the application.

F. The licensee shall furnish to the board complete information pertaining to any change in any premises lease within 30 days after the effective date of such change.

G. No licensee shall conduct any activity authorized under the act, if the lease, rent, contract, or any other arrangements under which the right to use the premises requires rental or other payment to another, based on a percentage of receipts or profits derived from such licensed activities.

H. No rental or lease agreement for real or personal property shall be in excess of fair market value, which shall be the responsibility of the licensee to demonstrate to the board or its agents upon request.

I. All rental and lease agreements shall be subject to prior approval by the board or its agents to ensure compliance with all applicable laws, rules and regulations.

[15.4.4.9 NMAC - Rp, 15.4.4.9 NMAC, 2/23/2021]

15.4.4.10 CHANGE OF LOCATION:

A. A licensee’s licensed premise may be amended from the location shown on the physical license and listed in the original application with written notification to the board. The notification shall include the information required by the licensing division and payment of a nonrefundable fee of $100.

B. Failure of the licensee to obtain the board’s prior approval of the relocation of the license as issued under the act may result in administrative action including but not limited to suspension, revocation, and fines to the licensee and bingo manager.

[15.4.4.10 NMAC - Rp, 15.4.4.10 NMAC, 2/23/2021]

HISTORY OF 15.4.4 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the state records center and archives by department of alcohol and beverage control under:

ABC Regulation No. 2B-9, Crimes Requiring Police Report Relating to Section 60-2B-9 NMSA 1978, filed 12/22/1982.

Regulation No. 2B-9, Expenses and Reporting Relating to Section 60-2B-9 NMSA 1978, filed 3/29/1984.

ABC Regulation No. 2B-9(A) Bingo Games Records Relating to Section 60-2B-9(A) NMSA 1978, filed 12/22/1982.

Regulation No. 2B-9(A), Records - Bingo Games, filed 3/21/1984.

ABC Regulation No. 2B-4A(2), Inspection of Suppliers Records, Relating to Section 60-2B-4A(2) NMSA 1978 filed 2/11/1983.

History of Repealed Material:

15.4.4 NMAC, Bingo Reporting, filed 9/16/2005 - Repealed, effective 4/15/2013.

15.4.4 NMAC, Bingo Reporting, filed 3/27/2013 - Repealed, effective 2/23/2021.

Other:

15.4.4 NMAC, Bingo Reporting, filed 9/16/2005, Replaced by 15.4.4 NMAC, Bingo Reporting, effective 4/15/2013.

15.4.4 NMAC, Bingo Reporting, filed 3/27/2013, Replaced by 15.4.4 NMAC, Bingo Reporting, effective 2/23/2021.