TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 4 BINGO AND RAFFLES
PART 7 CONDUCT OF BINGO
15.4.7.1 ISSUING AGENCY: New Mexico Gaming Control Board.
[15.4.7.1 NMAC - Rp, 15.4.7.1 NMAC, 2/23/2021]
15.4.7.2 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.
[15.4.7.2 NMAC - Rp, 15.4.7.2 NMAC, 2/23/2021]
15.4.7.3 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.
[15.4.7.3 NMAC - Rp, 15.4.7.3 NMAC, 2/23/2021]
15.4.7.4 DURATION: Permanent.
[15.4.7.4 NMAC - Rp, 15.4.7.4 NMAC, 2/23/2021]
15.4.7.5 EFFECTIVE DATE: February 23,
2021, unless
a later date is cited at the end of a section.
[15.4.7.5 NMAC - Rp, 15.4.7.5 NMAC, 2/23/2021]
15.4.7.6 OBJECTIVE: This rule establishes the conduct of
bingo authorized by the New Mexico Bingo and Raffle Act.
[15.4.7.6 NMAC - Rp, 15.4.7.6 NMAC, 2/23/2021]
15.4.7.7 DEFINTIONS: See 15.4.1.7
NMAC for applicable definitions.
[15.4.7.7 NMAC - Rp, 15.4.7.7 NMAC, 2/23/2021]
15.4.7.8 BINGO GAME CONTROLS: The bingo manager shall establish the
following controls at all bingo games:
A. disposable bingo cards
shall be used in all bingo games and adhere to the following specifications:
(1) each set of
disposable cards used shall have a serial number and the identification number
assigned by the manufacturer; and
(2) each disposable
card/packet sold shall have a specific retail value, which has been reported to
the board or its agents, and clearly posted;
B. the bingo caller shall be furnished, prior to
starting each game the manufacturer's identification number and the serial
numbers of all cards offered for sale for that particular game and shall
announce to the players the range of numbers of the cards that are valid for
that game; upon a player having completed a bingo winning combination and the
player declaring “bingo,” the caller shall require a bingo employee on the
floor to verify the bingo winning combination and to read off the
manufacturer's identification number and serial number of each winning card; payment
shall not be made unless both numbers were among those offered for sale for
that game; and
C. one or more licensed individuals
shall be assigned the duty of making prize payouts. Payouts shall not be paid from gross receipts
collected during an occasion.
[15.4.7.8
NMAC - Rp, 15.4.2.8 NMAC, 2/23/2021]
15.4.7.9 BINGO OPERATIONS:
A. The bingo manager, or in the absence of the bingo
manager, an alternate bingo manager, shall be present on the premises
continuously during the games and for a period of at least 30 minutes after the
last game.
B. Licensees shall purchase pre-numbered paper cards
from a licensed distributor or manufacturer.
C. Start up and close out of an occasion shall be
conducted in the following manner:
(1) a payout schedule
of all bingo games, which requires prior approval by the board or its agents,
shall be posted 30 minutes prior to the start of an occasion,
(2) when an organization
has been licensed to use a multi-tiered payout schedule:
(a) all tiers shall be
posted 30 minutes prior to the occasion; and
(b) the tier to be used
shall be announced 10 minutes prior to the occasion;
(3) prior to the start of the game, all
bingo prizes, prize money, or checks shall be on the licensed premises;
in the event check payments are to be issued for the payment of prizes, there
shall be sufficient funds in the bingo operating account at the beginning of
the bingo occasion;
(4) at the close out of each occasion, the
bingo manager shall count all gross receipts to include all cash, checks, debit
card receipts, and promotional, discounted or free games at the full price; and
shall record all gross receipts and prepare and sign a bank deposit slip that
reflects the final deposit; the deposit slip shall have the licensee’s name and
license number on it;
(5) a second bingo
employee shall immediately count and verify the gross receipts and cosign the
bank deposit slip;
(6) cash, coin, checks, and debit card
receipts shall be temporarily stored in a secured area until a deposit is made;
a secured area includes a locked vault on the licensed premises or the deposit
drop box; in the event that nonrelated funds are kept in the same locked vault,
bingo, raffle and pull tab funds shall be kept in a separate locked bank bag
inside the vault; under no circumstances shall funds be kept at a location
other than the licensed premise;
(7) if the licensee conducts two or more
bingo occasions and chooses not to close out at the end of each occasion, then
all gross receipts for each game of chance shall be kept separate for each
occasion, secured in a locked vault and reconciled at the close of the last
occasion or no later than the following business day; and
(8) the bingo manager
and one other bingo employee shall ensure proper separate and accurate
reporting of each of the occasions to include separate deposit slips that
reflect separate gross receipts from each occasion.
D. Paper cards shall be used for all bingo games.
E. No bingo occasion shall begin prior to 9:00 a.m. or
later than midnight.
[15.4.7.9
NMAC - Rp, 15.4.2.9 NMAC, 2/23/2021]
15.4.7.10 SALE OF BINGO CARDS:
A. Sale and use of bingo cards:
(1) bingo cards shall not
be sold on credit or purchased with credit cards;
(2) a debit card issued by a banking institution or credit union
may be used as a means of payment;
(3) each licensee that accepts payment by debit card must
maintain records to substantiate all transactions;
(4) all debit card transactions must be reported on the
quarterly reports covering the time period in which the transactions occurred;
(2) all sales of bingo
cards shall take place upon the premises and at the time of that bingo occasion;
(3) no bingo cards
shall be set aside or reserved for any person;
(4) if a master card or admittance card is
required in order to play bingo, then no extra cards will be sold to a player
who has not purchased a master or admittance card;
(5) all bingo cards other than promotional
cards shall be sold at a set price; the price of each type of card shall remain
fixed and may only be altered by requested amendment of the license subject to
approval by the board or its agents, and shall be posted; and
(6) if each person
playing bingo is required to purchase a master card and is allowed to play
extra cards in the same game, then the prize to be awarded on the master card
and the extra cards shall be posted by the licensee at the beginning of each
game.
B. No bingo cards sold for use in an occasion shall be
valid for use in another occasion.
C. If bingo cards are being sold for an occasion
immediately following the current occasion and both occasions are scheduled for
the same day, the sales and deposits for each occasion shall be kept separate.
D. Any shortage calculated from sales
for an occasion shall not be deducted from the gross receipts.
[15.4.7.10
NMAC - Rp, 15.4.2.10 NMAC, 2/23/2021]
15.4.7.11 CONDUCT
DURING BINGO GAMES:
A. The caller shall:
(1) announce whether last
ball called is or is not required;
(2) remove and hold only
one ball at a time from the blower;
(3) call all letters and numbers clearly
twice to all players present during the occasion;
(4) immediately following the
calling of each number in a bingo game, the caller shall turn the portion of
the ball, which shows the number and the letter to the players in the game so
they may know that the proper number has been called;
(5) upon discovering
that a number has been called incorrectly:
(a) the game shall
immediately stop;
(b) the caller shall
announce “an error has been made, I am reading the correct number, please
correct your card”; and
(c) then correct the
board and continue with the game.
(6) not return a ball
to any part of the blower until the conclusion of the game.
B. Each bingo game will be closed with the following
procedure:
(1) the game shall be
stopped after the winning combination has been signaled by a player;
(2) only the balls
called are in play;
(3) a ball in the caller’s hand, on a
monitor, or otherwise segregated from other balls will not be called or placed
into play; this ball will be held by the caller until the bingo winning
combination has been verified;
(4) if it is a bingo
winning combination the ball is returned to the machine and the game is over;
(5) if a game is
stopped for a bingo declaration which proves not to be valid, the caller will
then call the ball being held at the time the game was stopped;
(6) the bingo employee on the floor shall
place the bingo card to be checked as a winner in front of at least one other
player, with that player being given an opportunity to confirm that the bingo
declared is a valid bingo winning combination by watching the card as the
numbers are called;
(7) the caller shall
require the bingo employee on the floor checking the bingo combination to read
off the manufacturer's identification number and serial number of each winning
card;
(8) the bingo employee on the floor shall
announce the numbers of the bingo winning combination to the bingo caller who
shall confirm using the master board, or, in case of a “cover-all” bingo, the
caller shall call the numbers that have not been called using the master board;
and
(9) the bingo caller
shall then ask the players, “are there any other bingos?” If no one answers, the caller shall announce,
“this game is completed”.
C. The caller cannot verify the winning bingo numbers
on the floor. Another bingo employee
shall call the player’s declared bingo numbers to the caller for verification.
D. In a bingo game where only a specific number of
numbered balls will be called, that number shall be announced by the caller
prior to the removal of the first ball from the blower. Prior to the last ball being removed from the
blower the caller will announce “last ball”.
E. When conducting a “winner take all” bingo game, the
bingo manager shall ensure that:
(1) the caller
announces the number of cards sold and the prize amount prior to the beginning
the game;
(2) a record of the
game is compiled containing:
(a) the number of cards
sold;
(b) the date and time
the game was conducted;
(c) if the prize
value is equal to or exceeds $600, the winner(s) contact information;
(d) copies of any required
tax reporting documents; and
(e) this record is
retained in accordance with the 15.4.1.12 NMAC; and
(f) the aggregate
amount of all prizes offered or given in all bingo games played in a single
occasion shall not exceed $2,500, exclusive of pull-tabs, raffles and door
prizes.
F. In the event of a power outage, with the approval of
the majority of players the caller may continue by removing bingo balls from
the hopper manually.
[15.4.7.11
NMAC - Rp, 15.4.2.11 NMAC, 2/23/2021]
15.4.7.12 RECORD OF NUMBERS DRAWN: A written record shall be compiled and
retained by the licensee for a period of 60 days of all bingo numbers, in the
order the numbers are called, when the bingo game payoff is $600 or more.
[15.4.7.12
NMAC - Rp, 15.4.2.12 NMAC, 2/23/2021]
HISTORY
OF 15.4.7 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(E), Agreement Based Upon
Percentage of Receipts Prohibited, Relating to Section 60-2B-9(E) NMSA 1978,
filed 12/22/1982.
Regulation
No. 2B-9(E), Agreement Based Upon Percentage of
Receipts Prohibited, filed 3/29/1984.
Regulation
No. 2B-6, Documentation Regarding Rented Premises, Relating to Section 60-2B-6
NMSA 1978, filed 5/14/1984.
History of Repealed Material:
15.4.7 NMAC, Bingo and Raffles - Conduct of Bingo, filed
9/16/2005 - Repealed, effective 3/27/2013.
15.4.7 NMAC, Bingo and Raffles - Conduct of Bingo, filed
3/27/2013 - Repealed, effective 2/23/2021.
Other History:
15.4.7 NMAC, Bingo and Raffles - Conduct of Bingo, filed
9/16/2005 replaced by 15.4.7 NMAC, Bingo and Raffles - Conduct of Bingo,
effective 3/27/2013.
15.4.7 NMAC, Bingo and Raffles - Conduct of Bingo, filed
3/27/2013 replaced by 15.4.7 NMAC, Bingo and Raffles - Conduct of Bingo, effective
2/23/2021.