Chapter 60 — Chapter 60

A. The executive director shall implement the policies of the board. B. The executive director shall employ all personnel who work for the board. The employees shall be covered employees pursuant to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]. Among thos…

employees. A. A person who is under consideration in the final selection process for appointment as the executive director shall file a disclosure statement pursuant to the requirements of this section, and the board shall not make an appointment of a person as executive director…

employees. A. In addition to all other provisions of New Mexico law regarding conflicts of interest of state officials and employees, a member of the board, the executive director, an employee of the board or a person in the immediate family of or residing in the household of any…

A. A person shall not conduct gaming unless the person is licensed as a gaming operator. B. A person shall not sell, supply or distribute a gaming device or associated equipment for use or play in this state or for use or play outside of this state from a location within this sta…

purpose. A. A public post-secondary educational institution may temporarily possess gaming devices for the limited purpose of providing instruction on the technical aspects of gaming devices to persons seeking certification as technicians qualified to repair and maintain gaming d…

A. The board shall establish and issue the following categories of licenses: (1) manufacturer; (2) distributor; (3) gaming operator; and (4) gaming machine. B. The board shall issue certifications of findings of suitability for key executives and other persons for whom certificat…

A. License and other fees shall be established by board regulation but shall not exceed the following amounts: (1) manufacturer's license, twenty thousand dollars ($20,000) for the initial license and five thousand dollars ($5,000) for annual renewal; (2) distributor's license, t…

A. A person that the board determines is qualified to receive a license pursuant to the provisions of the Gaming Control Act may be issued a license. The burden of proving qualifications is on the applicant. B. A license shall not be issued unless the board is satisfied that the …

The board shall initiate an investigation of the applicant within thirty days after an application is filed and supplemental information that the board may require is received. History: Laws 1997, ch. 190, § 19.

In order to be eligible to receive a license, a company shall: A. be incorporated or otherwise organized and in good standing in this state or incorporated or otherwise organized in another state, qualified to do business in this state and in good standing in this state and in th…

required information. A. A company applicant for a license or a renewal of a license shall provide the following information to the board on forms provided by the board: (1) the organization, financial structure and nature of the business to be operated, including the names and p…

It is the state's policy on gaming that: A. limited gaming activities should be allowed in the state if those activities are strictly regulated to ensure honest and competitive gaming that is free from criminal and corruptive elements and influences; and B. the holder of any lice…

directors and other persons. A. An officer, director, equity security holder of five percent or more, partner, general partner, limited partner, trustee or beneficiary of the company that holds or has applied for a license shall individually apply for and obtain a certification o…

investigations; restrictions on unsuitable persons; other requirements. A. If the company applicant or licensee is or becomes a subsidiary, each nonpublicly traded holding company and intermediary company with respect to the subsidiary company shall: (1) qualify to do business in…

A. If a company applicant or company licensee proposes to transfer ownership of twenty percent or more of the applicant or licensee, it shall notify the board in writing and provide the following information about the successor company: (1) if the company is a publicly traded cor…

key executives; removal from position if found unsuitable; suspension of suitability by board. A. Each officer, director and key executive of a holding company, intermediary company or publicly traded corporation who the board determines is or is to become actively and directly e…

of voting security in publicly traded corporation; report of acquisition; application; prohibition. A. Each person who, individually or in association with others, acquires, directly or indirectly, beneficial ownership of five percent or more of any voting securities in a publicl…

report of change in corporate officers and directors; approval of board. A. Before a company licensee, other than a publicly traded corporation, may issue or transfer five percent or more of its ownership to a person, it shall file a report of its proposed action with the board, …

plan; player age limit; restrictions. A. An applicant for a gaming operator's license shall submit with the application a plan for assisting in the prevention, education and treatment of compulsive gambling. The plan shall include regular educational training sessions for employe…

racetracks; number of gaming machines; days and hours of operations. A. A racetrack licensed by the state racing commission pursuant to the Horse Racing Act to conduct live horse races or simulcast races may be issued a gaming operator's license to operate gaming machines on its …

nonprofit organizations; number of gaming machines; days and hours of operations. A. A nonprofit organization may be issued a gaming operator's license to operate licensed gaming machines on its premises to be played only by active and auxiliary members. B. No more than fifteen g…

exception; disposition of gaming devices. A. It is unlawful for a person to operate, carry on, conduct or maintain any form of manufacturing of a gaming device or associated equipment for use or play in New Mexico or any form of manufacturing of a gaming device or associated equi…

As used in the Gaming Control Act: A. "affiliate" means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a specified person; B. "affiliated company" means a company that: (1) controls, is controlle…

A. It is unlawful for any person to operate, carry on, conduct or maintain any form of distribution of any gaming device for use or play in New Mexico or any form of distribution of any gaming device in New Mexico for use or play outside of New Mexico without first obtaining and …

property or doing business with gaming operators; termination of association. A. The board may determine the suitability of any person who furnishes services or property to a gaming operator licensee under any arrangement pursuant to which the person receives compensation based o…

board to appoint hearing examiner; review by board; order of board. A. The board shall make appropriate investigations to: (1) determine whether there has been any violation of the Gaming Control Act or of any regulations adopted pursuant to that act; (2) determine any facts, con…

The board may issue an emergency order for suspension, limitation or conditioning of a license, registration, finding of suitability or work permit or may issue an emergency order requiring a gaming operator licensee to exclude an individual licensee from the premises of the gami…

establishments; persons included. A. The board shall by regulation provide for the establishment of a list of persons who are to be excluded or ejected from a gaming establishment. The list may include any person whose presence in the gaming establishment is determined by the boa…

fines; confidentiality. A. The board shall develop rules that permit a person who is a compulsive gambler to be voluntarily excluded from a gaming establishment. B. Self-exclusion shall occur through written application made by the compulsive gambler to the board and shall be gov…

A. Each gaming operator licensee shall adopt internal control systems that shall include provisions for: (1) safeguarding its assets and revenues, especially the recording of cash and evidences of indebtedness; (2) making and maintaining reliable records, accounts and reports of …

of work permits. A. A person shall not be employed as a gaming employee unless the person holds a valid work permit issued by the board. B. A work permit shall be issued and may be revoked by the board as provided in regulations adopted by the board. C. Any person whose work perm…

A person under the age of twenty-one years shall not: A. play, be allowed to play, place wagers on or collect winnings from, whether personally or through an agent, any game authorized or offered to play pursuant to the Gaming Control Act; or B. be employed as a gaming employee. …

In calculating net take from gaming machines, the actual cost to the licensee of any personal property distributed to a patron as the result of a legitimate wager may be deducted as a loss, except for travel expenses, food, refreshments, lodging or services. For the purposes of t…

A political subdivision of the state shall not impose a license fee or tax on any licensee licensed pursuant to the Gaming Control Act except for the imposition of property taxes, local option gross receipts taxes with respect to receipts not subject to the gaming tax and the dis…

Gaming activity is permitted in New Mexico only if it is conducted in compliance with and pursuant to: A. the Gaming Control Act; or B. a state or federal law other than the Gaming Control Act that expressly permits the activity or exempts it from the application of the state cri…

gaming. All gaming shall be conducted with chips, tokens or other similar objects approved by the board or with the legal currency of the United States. History: Laws 1997, ch. 190, § 42.

absolutely confidential; confidentiality not waived; disclosure of confidential information prohibited. A. Any communication or document of an applicant or licensee is confidential and does not impose liability for defamation or constitute a ground for recovery in any civil actio…

An application to a court for an order requiring the board to release any information declared by law to be confidential shall be made only by petition in district court. A hearing shall be held on the petition not less than ten days and not more than twenty days after the date o…

The board shall develop and operate a central system into which all licensed gaming machines are connected. The central system shall be capable of: A. monitoring continuously, retrieving and auditing the operations, financial data and program information of the network; B. disabl…

To be eligible for licensure, each gaming machine shall meet all specifications established by regulations of the board and: A. be unable to be manipulated in a manner that affects the random probability of winning plays or in any other manner determined by the board to be undesi…

History: Laws 1997, ch. 190, § 47; repealed by Laws 2009, ch. 199, § 15.

A. The board shall examine prototypes of gaming devices of manufacturers seeking a license as required. B. The board by regulation shall require a manufacturer to pay the anticipated actual costs of the examination of a gaming device in advance and, after the completion of the ex…

1, 2027.) A. An excise tax is imposed on the privilege of engaging in gaming activities in the state. This tax shall be known as the "gaming tax". B. The gaming tax is an amount equal to ten percent of the gross receipts of manufacturer licensees from the sale, lease or other tra…

History: Laws 2010, ch. 31, § 3; repealed by Laws 2019, ch. 274, § 16.

A. The attorney general, at the request of the board, may institute a civil action in any court of this state against any person to enjoin a violation of a prohibitory provision of the Gaming Control Act. B. An action brought against a person pursuant to this section shall not pr…

A. The board may order a person to answer a question or produce evidence and confer immunity pursuant to this section. If, in the course of an investigation or hearing conducted pursuant to the Gaming Control Act, a person refuses to answer a question or produce evidence on the g…

A. The "gaming control board" is created and consists of five members. Four members are appointed by the governor with the advice and consent of the senate, and one ex-officio member is the chairman of the state racing commission. All members of the board shall be residents of Ne…

cheat. A person who manipulates, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose of the component, including varying the pull of the handle of a gaming machine with knowledge that the manipulation affe…

or devices; possession of certain devices, equipment, products or materials. A. A person who, in playing any game designed to be played with, to receive or to be operated by tokens approved by the board or by lawful currency of the United States, knowingly uses tokens other than …

A person who knowingly cheats at any game is guilty of a fourth degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. History: Laws 1997, ch. 190, § 54.