TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 4 BINGO AND RAFFLES
PART 8 CONDUCT OF RAFFLE
15.4.8.1 ISSUING AGENCY: New Mexico Gaming Control Board.
[15.4.8.1 NMAC - Rp, 15.4.8.1 NMAC, 2/23/2021]
15.4.8.2 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.
[15.4.8.2 NMAC - Rp, 15.4.8.2 NMAC, 2/23/2021]
15.4.8.3 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.
[15.4.8.3 NMAC - Rp, 15.4.8.3 NMAC, 2/23/2021]
15.4.8.4 DURATION: Permanent.
[15.4.8.4 NMAC - Rp, 15.4.8.4 NMAC, 2/23/2021]
15.4.8.5 EFFECTIVE DATE: February 23,
2021, unless
a later date is cited at the end of a section.
[15.4.8.5 NMAC - Rp, 15.4.8.5 NMAC, 2/23/2021]
15.4.8.6 OBJECTIVE: This rule establishes standards for the
conduct of raffle authorized by the New Mexico Bingo and Raffle Act.
[15.4.8.6 NMAC - Rp, 15.4.8.6 NMAC, 2/23/2021]
15.4.8.7 DEFINITIONS: See 15.4.1.7
NMAC for applicable definitions.
[15.4.8.7 NMAC - Rp, 15.4.8.7 NMAC, 2/23/2021]
15.4.8.8 RAFFLE CONTROLS:
A. A
licensee shall maintain a valid copy of a raffle ticket for each raffle
conducted.
B. All proceeds including donations and gifts shall be
reported as gross receipts under the act.
C. Each raffle ticket and all promotional material
concerning the raffle, shall conspicuously state whether
or not the ticket holder is required to be present at the raffle drawing in
order to win prizes.
D. Raffle
tickets shall not be discounted and must be sold for the same price.
[15.4.8.8 NMAC - Rp, 15.4.8.8 NMAC, 2/23/2021]
15.4.8.9 RAFFLE OPERATIONS:
A. All raffle tickets sold shall have a representation
(stub) in the container prior to the start of the draw. No unsold raffle tickets shall have a
representation (stub) in the container.
B. The drawing shall be open to all ticket holders.
C. The rules of the drawing shall be conspicuously
posted in the immediate area of the device from which the draw occurs and will
identify what a winning draw is.
D. When more than one prize is to be awarded the prize
shall be announced immediately preceding the drawing of each winning ticket.
E. Prize
substitutions are not allowed.
[15.4.8.9 NMAC - Rp, 15.4.8.9 NMAC, 2/23/2021]
15.4.8.10 SPLIT RAFFLE:
A. If a split is other than fifty-fifty, the winner’s
share shall be the first value of the expression.
B. All tickets sales and the drawing of the winner(s)
shall occur at the same location on the same day.
C. There shall be a period of sufficient duration
between the last ticket sold and the drawing so that the number of tickets sold
and the prize(s) can be determined and announced.
D. The number of chances sold and the prize(s) shall be
announced prior to the drawing of the winner(s).
[15.4.8.10 NMAC - Rp, 15.4.8.10 NMAC, 2/23/2021]
15.4.8.11 $75,000 OR MORE RAFFLES: Licensee shall
meet all the conditions described in 15.4.8.9 NMAC and the following
requirements:
A. shall notify the board on a form prescribed by the
board 10 days prior to any public notice; and
B. shall report to board on a form prescribed by the
board within three days of drawing the winner(s) name, address and phone
number.
[15.4.8.11 NMAC - Rp, 15.4.8.11 NMAC, 2/23/2021]
15.4.8.12 PAYMENT OF WINNINGS:
A. Prizes shall be tendered in accordance with the
specifications on the raffle ticket.
B. In the event that the winner does not accept a prize
and:
(1) is present at the drawing a second
drawing shall be made; or
(2) is not required to
be and is not present at the drawing:
(a) the licensee shall
obtain a written and signed letter declining the prize;
(b) the licensee shall
notify the board; and
(c) the licensee may
dispose of the prize in a manner they deem appropriate.
C. The organization shall not discard any of the sold
tickets until all prizes have been accepted.
[15.4.8.12 NMAC - Rp, 15.4.8.12 NMAC, 2/23/2021]
15.4.8.13 RAFFLE RECORDS TO BE KEPT: The following records shall be
maintained:
A. the number of tickets available at the beginning of
the event, if limited;
B. the number of tickets sold;
C. the date ticket sales began and ended;
D. the date and time the drawing was conducted;
E. the winner(s) contact information; and
F. any required IRS reporting documents.
[15.4.8.13 NMAC - Rp, 15.4.8.13 NMAC, 2/23/2021]
HISTORY
OF 15.4.8 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:
Regulation
No. 2B-8 Raffles, Relating to Section 60-2B-8 NMSA 1978, filed 3/21/1984.
History of Repealed Material:
15.4.8 NMAC, Raffle Tickets, filed 9/16/2005 - Repealed,
effective 4/15/2013.
15.4.8 NMAC, Raffle Tickets, filed 3/27/2013 - Repealed,
effective 2/23/2021.
Other:
15.4.8 NMAC, Raffle Tickets, filed 9/16/2005, Replaced
by 15.4.8 NMAC, Raffle Tickets, effective 4/15/2013.
15.4.8 NMAC, Raffle Tickets, filed 3/27/2013, Replaced
by 15.4.8 NMAC, Raffle Tickets, effective 2/23/2021.