553 sections in this chapter.
NMSA 1978, § 60-2E-53 Crime; possession of gaming device manufactured, sold
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or distributed in violation of law. A person who knowingly possesses any gaming device that has been manufactured, sold or distributed in violation of the Gaming Control Act is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 …
NMSA 1978, § 60-2E-54 Crime; reporting and record violations; penalty
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A person who, in an application, book or record required to be maintained by the Gaming Control Act or by a regulation adopted under that act or in a report required to be submitted by that act or a regulation adopted under that act, knowingly makes a statement or entry that is f…
NMSA 1978, § 60-2E-55 Crime; unlawful manufacture, sale, distribution, marking,
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altering or modification of devices associated with gaming; unlawful instruction; penalty. A. A person who manufactures, sells or distributes a device that is intended by him to be used to violate any provision of the Gaming Control Act is guilty of a fourth degree felony and sha…
NMSA 1978, § 60-2E-56 Underage gaming; penalty for permitting or participation
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A. A person who knowingly permits an individual who the person knows is younger than twenty-one years of age to participate in gaming is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. B. An individual who particip…
NMSA 1978, § 60-2E-57 Crime; general penalties for violation of act
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A person who willfully violates, attempts to violate or conspires to violate any of the provisions of the Gaming Control Act specifying prohibited acts, the classification of which is not specifically stated in that act, is guilty of a fourth degree felony and shall be sentenced …
NMSA 1978, § 60-2E-58 Detention and questioning of a person suspected of
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violating act; limitations on liability; posting of notice. A. A gaming operator licensee or its officers, employees or agents may question a person in its gaming establishment suspected of violating any of the provisions of the Gaming Control Act. No gaming operator licensee or …
NMSA 1978, § 60-2E-59 Administrative appeal of board action
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A. Any person aggrieved by an action taken by the board or one of its agents may request and receive a hearing for the purpose of reviewing the action. To obtain a hearing, the aggrieved person shall file a request for hearing with the board within thirty days after the date the …
NMSA 1978, § 60-2E-6 Board; meetings; quorum; records
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A. A majority of the qualified membership of the board then in office constitutes a quorum. No action may be taken by the board unless at least three members concur. B. Written notice of the time and place of each board meeting shall be given to each member of the board at least …
NMSA 1978, § 60-2E-60 Judicial review of administrative actions
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A. Any person adversely affected by an action taken by the board after review pursuant to the provisions of Section 60-2E-59 NMSA 1978 may appeal the action to the court of appeals within thirty days after the date the action is taken. The appeal shall be on the record made at th…
NMSA 1978, § 60-2E-61 Repealed
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History: Laws 1997, ch. 190, § 63; 2002, ch. 102, § 17; repealed by Laws 2009, ch. 149, § 3.
NMSA 1978, § 60-2E-61.1 Lien on winnings for debt owed to or collected by
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human services department [health care authority department]; procedure. A. By operation of law, a lien attaches to a payout of one thousand two hundred dollars ($1,200) or more from a gaming machine of a racetrack gaming operator licensee when won by a person owing a debt to or …
NMSA 1978, § 60-2E-62 Crime; unlawful possession of gaming device
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A. It is unlawful for a person intentionally to possess an unlicensed or illegal gaming device, except that: (1) a distributor licensee or a manufacturer licensee may possess an unlicensed gaming device while awaiting transfer of the gaming device to a gaming operator licensee fo…
NMSA 1978, § 60-2E-7 Board's powers and duties
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A. The board shall implement the state's policy on gaming consistent with the provisions of the Gaming Control Act and the New Mexico Bingo and Raffle Act [60-2F- 1 to 60-2F-26 NMSA 1978]. It has the duty to fulfill all responsibilities assigned to it pursuant to those acts, and …
NMSA 1978, § 60-2E-8 Board regulations; discretionary regulations; procedure;
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required provisions. A. The board may adopt any regulation: (1) consistent with the provisions of the Gaming Control Act; and (2) it decides is necessary to implement the provisions of the Gaming Control Act. B. No regulation shall be adopted, amended or repealed without a public…
NMSA 1978, § 60-2E-9 Executive director; employment; qualifications
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A. The executive director shall be employed by, report directly to and serve at the pleasure of the board. B. The executive director shall have had at least five years of responsible supervisory administrative experience in a governmental gaming regulatory agency. C. The executiv…
NMSA 1978, § 60-2F-1 Short title
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Sections 1 through 26 of this act may be cited as the "New Mexico Bingo and Raffle Act". History: Laws 2009, ch. 81, § 1.
NMSA 1978, § 60-2F-10 Application for licenses or permits
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A. Each applicant for a license or permit to be issued under the New Mexico Bingo and Raffle Act shall file with the board a written application in the form prescribed by the board, duly executed and verified and containing: (1) the name and address of the applicant; (2) if not a…
NMSA 1978, § 60-2F-11 Standards for granting a license or permit
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A. An application for a bingo license shall not be granted unless the applicant is a qualified organization and is authorized to do business in New Mexico. B. An application for a manufacturer's license or a distributor's license shall not be granted unless the applicant is quali…
NMSA 1978, § 60-2F-12 Licenses and permits; specific requirements
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A. A license issued pursuant to the New Mexico Bingo and Raffle Act shall be valid for three years and may be renewed for successive three-year terms. B. A permit issued pursuant to the New Mexico Bingo and Raffle Act shall be valid for three years from the date of issuance and m…
NMSA 1978, § 60-2F-13 Fees for licenses and permits; disposition of revenue
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A. Fees for licenses and permits issued pursuant to the New Mexico Bingo and Raffle Act shall be established by board rule but shall not exceed the following amounts: (1) bingo license, five hundred dollars ($500) for the initial license and five hundred dollars ($500) for each r…
NMSA 1978, § 60-2F-14 Forfeiture of license; ineligibility to apply for license or
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permit. Any person who makes a material false statement in an application for a license or permit to be issued pursuant to the New Mexico Bingo and Raffle Act or in any statement submitted with the application, fails to keep sufficient books and records to substantiate the quarte…
NMSA 1978, § 60-2F-15 Persons permitted to conduct bingo games; premises
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A. The officers of a bingo licensee shall designate a bingo manager to be in charge and primarily responsible for the conduct of all games of bingo. The bingo manager shall supervise all bingo activities on the occasion for which the bingo manager is in charge. The bingo manager …
NMSA 1978, § 60-2F-15.1 Persons permitted to conduct pull-tab games; premises
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A. Only a veterans' or fraternal organization or a 501(c)(3) organization that is a bingo licensee may operate pull-tab dispensers when the organization is not concurrently operating a bingo occasion. B. The bingo licensee shall designate a bingo manager to be in charge and prima…
NMSA 1978, § 60-2F-16 Display of license
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Each license issued pursuant to the New Mexico Bingo and Raffle Act shall contain a statement of the name and address of the licensee, date of issuance and date of expiration. Any such license issued for the conduct of any games of bingo or pull-tab shall be conspicuously display…
NMSA 1978, § 60-2F-17 Equipment
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A. No bingo or pull-tab game shall be conducted with any equipment except that which is purchased or leased from a licensed distributor or manufacturer or another bingo licensee. B. The equipment used in the playing of a bingo or pull-tab game and the method of play shall be such…
NMSA 1978, § 60-2F-18 Conduct of games of chance
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A. For games of bingo: (1) a bingo licensee may hold, operate or conduct no more than two hundred sixty occasions in any twelve-month period; (2) occasions shall not be conducted more than six times in any one calendar week, with no occasion lasting more than four hours and not m…
NMSA 1978, § 60-2F-19 Quarterly reports required; accounting requirements
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A. On or before April 25, July 25, October 25 and January 25, the game accountant shall file with the board, upon forms prescribed by the board, a duly verified statement covering the preceding calendar quarter showing the amount of the gross receipts derived during that period f…
NMSA 1978, § 60-2F-2 Purpose
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The purpose of the New Mexico Bingo and Raffle Act is to authorize and regulate certain games of chance by licensed nonprofit organizations. History: Laws 2009, ch. 81, § 2.
NMSA 1978, § 60-2F-20 Expenses; compensation
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A. No item of expense shall be incurred or paid in connection with the holding, operating or conducting of a game of chance held, operated or conducted pursuant to a bingo license except bona fide expenses in reasonable amounts for goods, wares and merchandise furnished or servic…
NMSA 1978, § 60-2F-21 Tax imposition
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A. A bingo and raffle tax equal to one-half percent of the gross receipts of any game of chance held, operated or conducted for or by a qualified organization shall be imposed on the qualified organization. B. No other state or local gross receipts tax shall apply to a qualified …
NMSA 1978, § 60-2F-22 Violation of act
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A. Unless exempted pursuant to Section 26 [60-2F-26 NMSA 1978] of the New Mexico Bingo and Raffle Act, it is a violation of that act for a qualified organization to hold a game of bingo or pull-tabs for profit or gain in any manner unless the person has been issued a bingo licens…
NMSA 1978, § 60-2F-23 Enforcement hearings
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A. A license or permit shall not be revoked or suspended without just cause. B. The board shall make appropriate investigations to: (1) determine whether there has been any violation of the New Mexico Bingo and Raffle Act or of any regulations adopted pursuant to that act; (2) de…
NMSA 1978, § 60-2F-24 Appeals
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A. The decision of the board in denying, suspending or revoking any license or permit issued pursuant to the New Mexico Bingo and Raffle Act or imposing any fine shall be subject to review. A licensee or permittee aggrieved by a decision of the board may appeal to the district co…
NMSA 1978, § 60-2F-25 Duty to enforce act; criminal penalties
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A. It is the duty of all law enforcement officers to enforce the provisions of the New Mexico Bingo and Raffle Act. It is the duty of the district attorney of the county in which a violation is committed to prosecute such violation of that act in the manner and form as is now pro…
NMSA 1978, § 60-2F-26 Exemptions
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A. Except as provided in Subsection B of this section, nothing in the New Mexico Bingo and Raffle Act shall be construed to apply to: (1) a drawing or a prize at a fair or fiesta held in New Mexico under the sponsorship or authority of the state or any of its political subdivisio…
NMSA 1978, § 60-2F-3 Gaming control board to administer act
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The gaming control board shall implement the state's policy on games of chance consistent with the provisions of the New Mexico Bingo and Raffle Act. It shall fulfill all duties assigned to it pursuant to the New Mexico Bingo and Raffle Act, and it shall have the authority necess…
NMSA 1978, § 60-2F-4 Definitions
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As used in the New Mexico Bingo and Raffle Act: A. "bingo" means a game of chance in which each player has one or more bingo cards printed with different numbers on which to place markers when the respective numbers are drawn and announced by a bingo caller; B. "bingo caller" mea…
NMSA 1978, § 60-2F-5 Application of act
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The New Mexico Bingo and Raffle Act applies to: A. unless exempted pursuant to Section 26 [60-2F-26 NMSA 1978] of that act, qualified organizations that conduct games of chance and the games of chance conducted by the qualified organizations; B. persons who provide equipment to q…
NMSA 1978, § 60-2F-6 Board; powers
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The board may: A. grant, deny, suspend, condition or revoke licenses or permits issued pursuant to the New Mexico Bingo and Raffle Act, establish the terms for each classification of license to be issued pursuant to that act and set fees for submitting an application for a licens…
NMSA 1978, § 60-2F-7 Organizations eligible for bingo licenses
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A. Any qualified organization is eligible to apply for a bingo license to be issued by the board under the New Mexico Bingo and Raffle Act. B. The New Mexico state fair: (1) may apply to the board for and shall be issued a bingo license pursuant to the New Mexico Bingo and Raffle…
NMSA 1978, § 60-2F-8 Classifications of licenses and permits
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A. The board shall establish and may issue the following categories of licenses: (1) bingo license; (2) distributor's license; and (3) manufacturer's license. B. The board shall establish and may issue permits for the following employees: (1) bingo manager; (2) bingo caller; and …
NMSA 1978, § 60-2F-9 Disclosure of background information
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A. The board may require an applicant for a license or permit to be issued pursuant to the New Mexico Bingo and Raffle Act to disclose information sufficient for the board to make a determination as to the applicant's suitability. The board may adopt rules to coordinate the manne…
NMSA 1978, § 60-3A-1 Short title
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Chapter 60, Articles 3A, 5A, 6A, 6B, 6C, 6E, 7A, 7B and 8A NMSA 1978 may be cited as the "Liquor Control Act". History: Laws 1981, ch. 39, § 1; 1984, ch. 85, § 9; 2015, ch. 3, § 27; 2015, ch. 102, § 1.
NMSA 1978, § 60-3A-10 Administrative rules and orders; presumption of
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correctness. A. The director shall issue and file as required by law all rules and orders necessary to administer the licensing provisions of the Liquor Control Act. B. Directives issued by the director shall be in form substantially as follows: (1) rules are written statements o…
NMSA 1978, § 60-3A-11 Written decisions by director
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Every decision by the director relating to the granting or denial of a license, the transfer of a license or the revocation or suspension of a license, or other disposition of a charge against a licensee, shall be accompanied by a written order containing findings of fact and the…
NMSA 1978, § 60-3A-12 Partially consumed bottle of wine; licensed premises
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A. Notwithstanding any other provision of law, a dispenser, canopy licensee or restaurant licensee may permit a customer of the licensee to remove from the licensed premises one opened bottle of partially consumed wine; provided that: (1) the customer has purchased a full-course …
NMSA 1978, § 60-3A-13 Prohibited sale of certain spirituous liquors
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A liquor license holder shall not sell for consumption off premises closed containers containing fewer than three fluid ounces of spirituous liquors. History: 1978 Comp., § 60-3A-13, enacted by Laws 2021, ch. 7, § 6.
NMSA 1978, § 60-3A-2 Liquor policy of state; investigation of applicants;
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responsibility of licensees. A. It is the policy of the Liquor Control Act that the sale, service and public consumption of alcoholic beverages in the state shall be licensed, regulated and controlled so as to protect the public health, safety and morals of every community in the…
NMSA 1978, § 60-3A-3 Definitions
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As used in the Liquor Control Act: A. "alcoholic beverages" means distilled or rectified spirits, potable alcohol, powdered alcohol, frozen or freeze-dried alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal internal revenue strip stamps or any similar alc…
NMSA 1978, § 60-3A-4 Storage permitted
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Nothing in the Liquor Control Act shall be construed to prohibit the storage of alcoholic beverages in bona fide public warehouses or guardian warehouses by nonresident licensees or wholesalers for usual and ordinary commercial purposes. History: Laws 1981, ch. 39, § 72.