15.4.1.7 DEFINITIONS: Definition of bingo and raffle terms relating to Section 60-2B-3 NMSA 1978: as used in the Bingo and Raffle Act and regulations promulgated there under:

A. “approved record” means those records required by the Bingo and Raffle Act, or regulations promulgated there under which must be maintained on forms approved or furnished by the board;

B. “board” means the New Mexico gaming control board;

C. “cash operating fund” means the cash used by the licensee to start the bingo and jar raffle operations on each date;

D. “change fund” means the cash given to each bingo worker to use for making change;

E. “extra cards” means other cards sold at the door along with the master card; this card is controlled by a separate color or size from the master card; this does not include special or paper disposable cards;

F. “gross receipts” means, as a supplement to the statutory definition, the total amount of money collected on sales from all bingo, raffles and jar raffles, broken down into gross for master cards, gross for extra cards, gross for specials, gross for raffles and gross for jar raffles; a written record of all bingo players shall be compiled for each separate occasion for one (1) year from the date of the occasion; (to include total cards purchased and monies received from said purchases);

G. “house rules” means rules established by each licensee for items not covered by the Bingo and Raffle Act, or regulations promulgated there under; the licensee shall not adopt rules in conflict with the Bingo and Raffle Act, regulations promulgated under the Bingo and Raffle Act or other provisions of law; before any licensed organization enacts or adopts any “house rules”, they must be submitted to the board and approved by the board;

H. “jar raffles” or “pull tabs” means printed tickets that have a pull-tab or seal to be opened by the purchaser where a winning combination is printed on each ticket or on a separate card;

I. “licensee” means an entity holding a license to operate games of chance pursuant to the Bingo and Raffle Act;

J. “master card” means the main bingo card in use for the occasion that each player is required to have in his possession to play bingo; this is sometimes referred to as the door or admission card; this card is usually controlled by using only one color or size card;

K. “method of payment” means no licensee, its members or managers conducting, or in any way participating in any game of chance, as defined in the Bingo and Raffle Act, shall allow a person to play on credit; any consideration charged for the privilege of playing shall be fully collected in advance; short or bad checks are the licensee’s responsibility, and none of the losses will be charged to bingo, raffles or jar raffle activities;

L. “premises” for the conduct of games of chance do not permit the service of alcohol; no alcoholic beverages or mixture thereof are allowed on the premises of a licensed bingo/raffle organization; if the premises where bingos and raffles are held are completely separate from the lounge area, the alcoholic beverages may be served in the lounge only;

M. “prizes” means cash or merchandise awarded to the winner of bingo games, raffles or jar raffles;

N. “special” or “paper disposable card” means a card used for a specific game or games which is controlled by a separate color, serial number and manufacturer’s identification number.

[15.4.1.7 NMAC - Rn, Regulation 2B-3 & A, 9/30/05]

History of 15.4.1 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-3, Definition of Bingo and Raffle Terms, Relating to Section 60-2B-3 NMSA 1978, filed 12/22/82.

Regulation No. 2B-3, Definition of Bingo and Raffle Terms, filed 3/21/84.

History of Repealed Material: [RESERVED]

Other History:

Regulation No. 2B-3, Definition of Bingo and Raffle Terms (filed 3/21/84) was amended, renumbered, reformatted, and replaced by 15.4.1 NMAC, Bingo and Raffles -Bingo General Provisions, effective 9/30/05.

TITLE 15 GAMBLING AND LIQUOR CONTROL

CHAPTER 4 BINGO AND RAFFLES

PART 2 BINGO CONTROLS

15.4.2.1 ISSUING AGENCY: New Mexico Gaming Control Board.

[15.4.2.1 NMAC - Rn, Regulation Nos. 2B-8(B), 2B-8(F), 2B-8(K), 2B-8(O), 2B-8(Q), 2B-8(R), 2B-8(S), Regulation No. 2B-9(F) & A, 9/30/05]

15.4.2.2 SCOPE: [RESERVED]

15.4.2.3 STATUTORY AUTHORITY: [RESERVED]

[60-2B-8(B) NMSA 1978; 60-2B-8(F) NMSA 1978; 60-2B-8(O) NMSA 1978; 60-2B-8(Q) NMSA 1978; 60-2B-8(S) NMSA 1978; 60-2B-8(K) NMSA 1978; 60-2B-8(R) NMSA 1978; and 60-2B-9(F) NMSA 1978.]

15.4.2.4 DURATION: [RESERVED]

[Permanent]

15.4.2.5 EFFECTIVE DATE: [RESERVED]

[Regulation Nos. 2B-8(F), 2B-8(O), 2B-8(Q), 2B-8(S), 2B-8(K) and 2B-8(R) filed March 21, 1984. Regulation Nos. 2B-8(B) and 2B-9(F) filed March 29, 1984.]

15.4.2.6 OBJECTIVE: [RESERVED]

15.4.2.7 DEFINITIONS: [RESERVED]

15.4.2.8 GAME MANAGER AND BINGO GAME CONTROLS:

A. Games managers shall not play and no licensee shall allow an employee to play a game of chance while that employee is on duty.

B. The game manager or his appointed assistant shall establish the following controls at all bingo games where the patrons exceed fifty players in number.

(1) Each employee selling specials or disposable bingo cards shall be assigned a number and a matching numbered box. The assigned number shall be recorded by name on the duty record.

(2) Each employee shall be furnished a change fund.

(3) The game manager or his appointed assistant shall issue specials to the employees. These specials or disposable bingo cards shall be controlled by manufacturers' identification number and consecutive serial number as listed in "use of disposable bingo cards" of these rules and regulations. The exact number of specials or disposable bingo cards given each worker shall be recorded.

(4) When an employee completes selling cards for a special game, he shall place the unsold specials and the money from such sales and change fund in his assigned box. The games manager or appointed assistant shall count the money, subtract the original change fund, and compare cards apparently sold against the cash turned in. Any shortage in the cash shall not be deducted from the gross, but shall be reported as income.

(5) The above procedure shall be followed throughout each special game or where disposable cards are used.

(6) One or more individuals shall be assigned the duty of paying off bingo winners. Winners shall not be paid by individuals selling specials from their change fund or money they have in their possession from sale of specials. After the money from each special has been turned in and counted, it may be used to make prize pay-offs.

(7) No gambling other than bingo or raffles is allowed on the premises of a licensed bingo or raffle organization, except that a licensed bingo and raffle organization that is a gaming operator’s licensee under the New Mexico Gaming Control Act may also conduct gaming pursuant to that act.

(8) The same person shall not be employed as game manager for more than one licensed organization.

(9) A game manager must have been an active member of the licensed organization at least six months prior to beginning his or her duties as game manager.

(10) Each licensee may have only one game manager and only one assistant game manager. These two names will appear on the physical license.

[15.4.2.8 NMAC - Rn, Regulation No. 2B-8(B) & A, 9/30/05]

15.4.2.9 INSPECTION OF PREMISES, RECORDS, MACHINES AND DEVICES, RELATING TO SECTION 60-2B-8(F) NMSA 1978:

A. At any time any authorized representative of the department of public safety or the board may enter a licensee's premises without advance notice. During bingo occasions, walking space shall be left behind players and between tables to allow authorized representatives to walk down each row of tables and inspect bingo cards in play.

B. Authorized representatives may perform all or any of the following:

(1) make a count of all monies received during the operation of the licensed activities in the premises, inspect income received by the licensee and inspect records of prizes paid out;

(2) examine any of the other bingo and raffle records of the licensee;

(3) examine all pieces of equipment or parts thereof, or devices of any nature which are being used to conduct the licensed activities and to require the licensee to dismantle equipment, if necessary, except during operation of a game.

[15.4.2.9 NMAC - Rn, Regulation 2B-8(F) & A, 9/30/05]

15.4.2.10 CONDUCT DURING BINGO GAMES, RELATING TO SECTION 60-2B-8(O) NMSA 1978:

A. Conduct during bingo games.

(1) Authorized equipment and cards, including all bingo related items used in the conduct of bingo, shall be maintained in good repair and sound working condition. Authorized representatives of the department of public safety or the board may order that any equipment, cards or related items immediately be repaired or replaced, if after examination, they are found to be defective.

(2) All seventy-five (75) balls used during bingo games shall be present in the receptacle before each game, and shall be checked by one bingo player immediately prior to the first game of the occasion.

(3) All numbers and letters announced shall be clearly audible and repeated twice to all players present.

(4) Once a ball is removed from the machine, it may not be returned to the receptacle until the conclusion of the game.

(5) No ball will be pushed back in the machine at any time after the first ball has been called until that game is completed.

(6) The master board, which is the rack in which the balls are placed, is the only official scorer. A lighted display board may be used, but is not official.

(7) 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 participants in the game so the participants may know that the proper number has been called out.

(8) If the bingo caller discovers that he has called the wrong number, he will immediately stop the game and inform the players of the mistake. He will then announce, "I am reading the correct number, please correct your card. The caller will then correct the board, and continue with the game.

(9) Each bingo game will be closed with the following procedure:

(a) the game must be stopped after the winning combination has been signaled from a player or workers;

(b) the ball the caller has in his hand, or has started to call will not be called; this ball will be held by the caller until the bingo has been verified and then returned to the machine, unless there is a visible posted house rule to the contrary;

(c) if a game is stopped for a bingo which proves not to be a valid one, the caller will then call the ball he was holding at the time the game was stopped;

(d) the caller will only hold or have one ball at a time in his hand;

(e) the last number called is not a requirement for a good bingo, unless there is a visibly posted house rule to the contrary;

(f) the worker on the floor must 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 is in fact a valid bingo by watching the card as the numbers are called;

(g) the worker on the floor must call the numbers of the winning combination to the bingo caller, or, in case of a "cover-all" bingo, the caller may call the numbers that have not been called;

(h) the bingo caller must then ask the players, "are there any other bingos?"; if no one answers, the caller must announce, "this game is completed";

(i) no balls with creases, holes or are otherwise damaged will be used during any bingo game.

(10) No bingo cards shall be sold in the same area where bingo games are being conducted.

(11) When any type of machine, device or holder for dispensing pull-tabs is used for the sale of pull-tabs, all pull-tabs in the individual package or deal must be placed in the dispenser. No additional pull-tabs may be placed in the "dispenser" until all previously placed tabs are sold. All tabs must have the same serial number, color description, and must be the same kind and type. The complete individual package or deal must be placed in the dispenser at one time.

(12) No employee, paid or volunteer, may accept any type of gift, tip, percentage of winnings, money or a thing of value from any player or any person associated with the player of the game of chance.

B. Fraud or deception prohibited: No licensee or any of its members operating any licensed activity shall directly or indirectly in the course of such operations:

(1) employ any device, scheme or artifice to defraud or deceive;

(2) make any untrue or misleading statement; or

(3) engage in any act, practice or course of operation that would operate as a fraud or deceit upon any person.

C. Use of disposable bingo cards. Disposable bingo cards may be used in all bingo games, including specials, provided that:

(1) each set of disposable cards used is consecutively numbered from the first card to the last and each card contains, on its face, both its individual consecutive serial number and the identification number assigned by the manufacturer to that set of disposable cards;

(2) each disposable card sold must represent a specific amount of money (i.e., 25 cents each or 5 for $1.00 -- 10 cents each or 3 for 25 cents), which has been paid to the licensee, and which amount has been clearly posted or verbally disclosed to all players in advance of any player participating in the game;

(3) the bingo caller shall be furnished, prior to starting each game on disposable cards, the manufacturer's identification number and the serial numbers of all cards offered for sale for that particular game; upon a player having completed a bingo, the caller shall require the worker on the floor checking the bingo 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.

D. Sale and use of bingo cards.

(1) Bingo cards shall be sold, and paid for, prior to being placed in play.

(2) All sales of bingo cards shall take place upon the premises and at the time of that bingo game.

(3) No bingo cards shall be set aside or reserved for any person.

(4) No person shall be allowed to play in a bingo game for free, or without first paying the licensee's normal and usual charge.

(5) If a master card or admittance card is required in order to play bingo, then no special or disposable cards will be sold to a player who has not purchased such master card.

(6) All master and extra cards will be sold at a set price. The price of each type of card will be posted.

(7) If each person playing bingo is required to have master cards and is allowed to play extra cards in the same game, then the cash prize to be awarded on the master card and the extra cards shall be posted by the licensee at the beginning of each game.

(8) Players are not to be allowed to select their own cards for special games. Selection of cards is limited to regular and extra cards sold at the door.

(9) No free cards shall be issued or redeemed by any licensee.

[15.4.2.10 NMAC - Rn, Regulation No. 2B-8(O) & A, 9/30/05]

15.4.2.4.11 DISCLOSURE OF PRIZES, RELATING TO SECTION 60-2B-8(Q) NMSA 1978:

A. The licensee shall clearly and audibly disclose full information before each game concerning the number of prizes to be awarded, whether the prizes are awarded in cash or merchandise, and the cash value and the method by which such prizes may be awarded, including the cost of playing.

B. Any prize awarded must be dependent upon the winning of a bingo game or having purchased the right to participate in a raffle. Door prizes may not consist of the right to play bingo or participate in a raffle.

C. Prizes or prize money offered must be communicated to all players thirty minutes prior to the start of the game and cannot be altered.

D. In all bingo games where only a specific number of numbered balls are called for that game, an announcement of the last ball, for same game, must be made prior to the ball being called.

[15.4.2.4.11 NMAC - Rn, Regulation No. 2B-8(Q), 9/30/05]

15.4.2.12 SALE OF BINGO CARDS, RELATING TO SECTION 60-2B-8(S) NMSA 1978: Bingo cards may be sold prior to the start of a second session after the complete close of the first session. There will be a minimum fifteen-minute intermission between sessions. No bingo cards sold during the first session will be valid for the second session.

[15.4.2.4.12 NMAC - Rn, Regulation No. 2B-8(S), 9/30/05]

15.4.2.13 SECURITY PERSONNEL: The licensee shall identify paid security personnel, if any, by badge or uniform on each bingo occasion. These personnel shall not be permitted by the licensee to play or to participate in the operation of bingo games.

[15.4.2.4.13 NMAC - Rn, Regulation No. 2B-9(F), 9/30/05]

15.4.2.14 TIMES OF OCCASIONS, RELATING TO SECTION 60-2B-8(K) NMSA 1978: No bingo game may begin later than 10:30 p.m., and no bingo game may begin prior to 9:00 a.m.

[15.4.2.14 NMAC - Rn, Regulation No. 2B-8(K) & A, 9/30/05]

15.4.2.15 VERIFICATION OF NUMBERS DRAWN, RELATING TO SECTION 60-2B-8(R) NMSA 1978: A written record must be compiled and retained by the licensee for a period of thirty (30) days of all bingo numbers, in the order the numbers are called, when the bingo game payoff is five hundred dollars ($500) or more.

[15.4.2.4.15 NMAC - Rn, Regulation No. 2B-8(R), 9/30/05]

15.4.2.16 [REVIEW AND APPROVAL:]

A. These regulations numbered 2B-3, 2B-4, 2B-4(F), 2B-5 2B-7, 2B-8, 2B-8(B) 2B-8(F), 2B-8(K), 2B-8(O), 2B-8(Q), 2B-8(R) 2B-8(S) 2B-9, 2B-9(A), 2B-9(E), and 2B-9(F) dated March 2, 1984 supersede existing bingo and raffle regulations, add new material to existing regulations and add new sections to these regulations. These regulations, as modified, were reviewed and approved by the alcoholic beverage control commission on November 18, 1983.

B. These regulations were reviewed and approved as to form and compliance with the law on 29th day of February, 1984.

[15.4.2.4.16 NMAC - Rn, Regulation No. 2B-9(F), 9/30/05]

HISTORY OF 15.4.2 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-8(B), Game Manager and Employees, Relating to Section 60-2B-8(B), filed 12/22/82).

Regulation No. 2B-8(B), Game Manager and Bingo Game Controls, filed 3/29/84.

ABC Regulation No. 2B-8(F), Inspection of Premises, Records, Machines and Devices, Relating to Section 60-2B-8(F) NMSA 1978, filed 12/22/82.

Regulation No. 2B-8(F), Inspection of Premises, Records, Machines and Devices, Relating to Section 60-2B-8(F) NMSA 1978, filed 3/21/84.

ABC Regulation No. 2B-8(O), Conduct During Bingo Games, Relating to Section 60-2B-8(O), filed 12/22/82.

Regulation No. 2B-8(O), Conduct During Bingo Games, filed 3/21/84.

ABC Regulation No. 2B-8(Q), Disclosure of Prizes, Relating to Section 60-2B-8(Q), filed 12/22/82.

Regulation No. 2B-8(Q), Disclosure of Prizes, Relating to Section 60-2B-8(Q), filed 3/21/84.

ABC Regulation No. 2B-8(S), Sale of Bingo Cards, Relating to Section 60-2B-8(S), filed 12/22/82.

Regulation No, 2B-8(S), Sale of Bingo Cards, Relating to Section 60-2B-8(S), filed 3/21/84.

ABC Regulation No. 2B-9(F), Security Guard or Personnel Relating to Section 60-2B-9(F), filed 12/22/82.

Regulation No. 2B-9(F), Security Personnel, filed 3/29/84.

Regulation No. 2B-8(K), Times of Occasions, Relating to Section 60-2B-8(K), filed 3/21/84.

Regulation No. 2B-8(R), Verification of Numbers Drawn, Relating to Section 60-2B-8 (R), filed 3/21/84.

History of Repealed Material: [RESERVED]

Other History:

Regulation No. 2B-8(B), Game Manager and Bingo Game Controls (filed 3/29/84);

Regulation No. 2B-8(F), Inspection of Premises, Records, Machines and Devices, Relating to Section 60-2B-8(F) NMSA 1978 (filed 3/21/84);

Regulation No. 2B-8(K), Times of Occasions, Relating to Section 60-2B-8(K) (filed 3/21/84);

Regulation No. 2B-8(O), Conduct During Bingo Games (filed 3/21/84);

Regulation No. 2B-8(Q), Disclosure of Prizes, Relating to Section 60-2B-8(Q) (filed 3/21/84);

Regulation No. 2B-8(R), Verification of Numbers Drawn, Relating to Section 60-2B-8 (R) (filed 3/21/84);

Regulation No, 2B-8(S), Sale of Bingo Cards, Relating to Section 60-2B-8(S) (filed 3/21/84); and

Regulation No. 2B-9(F), Security Personnel (filed 3/29/84) were all amended, renumbered, reformatted, and replaced by 15.4.2 NMAC, Bingo Controls, effective 9/30/05.

TITLE 15 GAMBLING AND LIQUOR CONTROL

CHAPTER 4 BINGO AND RAFFLES

PART 3 BINGO LICENSES

15.4.3.1 ISSUING AGENCY: New Mexico Gaming Control Board.

[15.4.3.1 NMAC - Rn, Regulation 2B-4, Regulation 2B-5, Regulation 2B-7 & A, 9/30/05]

15.4.3.2 SCOPE: [RESERVED]

[Recompiled 12/31/01]

15.4.3.3 STATUTORY AUTHORITY: [RESERVED]

[60-2B-4 NMSA 1978; 60-2B-7 NMSA 1978; 60-2B-5 NMSA 1978].

15.4.3.4 DURATION: [RESERVED]

[Permanent]

15.4.3.5 EFFECTIVE DATE: [RESERVED]

[Filed March 21, 1984]

15.4.3.6 OBJECTIVE: [RESERVED]

15.4.3.7 DEFINITIONS: [RESERVED]

15.4.3.8 RESPONSIBILITY TO POST AND HAVE IN ITS POSSESSION CERTAIN MATERIALS, RELATING TO SECTION 60-2B-4 NMSA 1978:

A. A licensee shall have current copies of the Bingo and Raffle Act, rules and regulations promulgated there under, and its house rules in its possession at all times during the game of chance. These documents shall be made available to any person so requesting. Prior to the start of the first bingo game the public shall be advised that copies of the Bingo and Raffle Act, and the regulations promulgated there under may be obtained from the board.

B. The licensee shall post a sign with at least one (1) inch letters in two (2) or more conspicuous places stating: any supplier who furnishes bingo equipment, jar raffle or pull tab tickets or any other equipment used in any game of chance must keep records of his transactions with New Mexico bingo and raffle license holders. These records must be produced for inspection upon demand by any authorized representative of the department of public safety or the board.

C. Copies of the Bingo and Raffle Act and rules and regulations promulgated there under, and the house rules may be obtained from the games manager for any player to read.

[15.4.3.8 NMAC - Rn, Regulation No. 2B-4 & A, 9/30/05]

15.4.3.9 DISPLAY OF LICENSEE’S NAME, RELATING TO SECTION 60-2B-7 NMSA 1978:

A. Bingo and raffle licensees shall clearly display the name of the organization holding a bingo game in an area adjacent to the caller. The name shall be in letters at least six (6) inches high.

B. The name displayed shall be the name of the organization sponsoring the bingo game followed by the word bingo or raffle, and the licensee shall not assume or display any other “trade” or “fictitious” name within or without the building.

C. The licensed organization must notify the board at least ten (10) calendar days prior to the permanent or temporary suspension of the “games of chance” license by the organization.

D. If the premises are rented or used by more than one (1) organization, only the organization playing at that time and date will display its license.

E. Should any license be lost or destroyed by the licensee, the game manger shall submit to the board a notarized affidavit, bearing the signature of the game manager and officers of the organization, stating the circumstances under which the license was lost or destroyed, and a certification that, in fact, said license was lost or destroyed.

[15.4.3.9 NMAC - Rn, Regulation No. 2B-7 & A, 9/30/05]

15.4.3.10 LOCATION OF GAMES, RELATING TO SECTION 60-2B-5 NMSA 1978:

A. Licensed organizations are restricted in conducting “games” to locations within the same county where the organization is located.

B. No license is transferable from the location shown on the physical license or listed in the original application without:

(1) a written request made by the licensee to the board; and

(2) written approval from the board to the licensee prior to any move; no license may be borrowed from one organization to another.

C. Licensee shall submit to the board a written application, in the form prescribed by the board and stating the information required by the board, together with a nonrefundable application fee of one hundred dollars ($100.00).

[15.4.3.10 NMAC - Rn, Regulation No. 2B-5 & A, 9/30/05]

HISTORY OF 15.4.3 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-4, Responsibility to Post and Have in its Possession Certain Materials, Relating to Section 60-2B-4, filed 12/22/82).

Regulation No. 2B-4, Responsibility to Post and Have in its Possession Certain Materials, filed 3/21/84.

Regulation No. 2B-5, Location of Games, Relating to Section 60-2B-5, filed 3/21/84.

ABC Regulation No. 2B-7, Display of Licensee's Name, Relating to Section 60-2B-7, filed 12/22/82.

Regulation No. 2B-7, Display of Licensee’s Name, Relating to Section 60-2B-7, filed 3/21/84.

History of Repealed Material: [RESERVED]

Other History:

Regulation No. 2B-4, Responsibility to Post and Have in its Possession Certain Materials (filed 3/21/84);

Regulation No. 2B-5, Location of Games, Relating to Section 60-2B-5 (filed 3/21/84); and

Regulation No. 2B-7, Display of Licensee’s Name, Relating to Section 60-2B-7 (filed 3/21/84) were all amended, renumbered, reformatted, and replaced by 15.4.3 NMAC, Bingo Licenses, effective 9/30/05.

TITLE 15 GAMBLING AND LIQUOR CONTROL

CHAPTER 4 BINGO AND RAFFLES

PART 4 BINGO REPORTING

15.4.4.1 ISSUING AGENCY: New Mexico Gaming Control Board.

[15.4.4.1 NMAC - Rn, Regulation No. 2B-9, Regulation No. 2B-9(A), ABC Regulation No. 2B-4A.(2) & A, 9/30/05]

15.4.4.2 SCOPE: [RESERVED]

15.4.4.3 STATUTORY AUTHORITY: [RESERVED]

[Section 60-2B-9 NMSA 1978; Section 60-2B-9(A) NMSA 1978; Section 60-2B-4A.(2), NMSA 1978 1983.]

15.4.4.4 DURATION: [RESERVED]

[Permanent]

15.4.4.5 EFFECTIVE DATE: [RESERVED]

[Regulation No. 2B-9 filed March 29, 1984. Regulation No. 2B-9(A) filed March 21, 1984 and ABC Regulation No. 2B-4A filed February 11, 1983.]

15.4.4.6 OBJECTIVE: [RESERVED]

15.4.4.7 DEFINITIONS: [RESERVED]

15.4.4.8 EXPENSES AND REPORTING RELATING TO SECTION 60-2B-9 NMSA 1978:

A. Any licensee whose game of chance is the subject of a crime requiring a police report shall, in addition to notifying the proper police agency, notify the department of public safety and the board in writing within seventy-two (72) hours of the date, time, nature of the offense and the police agency notified.

B. Upon termination of a license, financial report, form BLO-6, must be complied and submitted to the board within seventy-two hours.

C. Attorneys fees cannot be paid for with bingo or raffle proceeds.

D. No employee of a bingo or raffle licensee shall be paid for other services, i.e., rent of premises rent of equipment, janitorial service, bookkeeping, etc.

E. No vendor of premises or equipment may be involved in any way or manner in the bingo or raffle operation.

F. Door prizes cannot be deducted from bingo or raffle gross. Door prizes in excess of $100.00 in value must receive written approval from the board prior to offering said door prize.

[15.4.4.8 NMAC - Rn, Regulation No. 2B-9 & A, 9/30/05]

15.4.4.9 RECORDS - BINGO GAMES:

A. In addition to any other requirements set forth in the Bingo and Raffle Act, a licensee shall prepare an approved record covering each bingo game. This approved record shall disclose the following information and shall be retained for a period of not less than three years:

(1) the gross receipts collected for each master card, door admission card and each extra card sold for each game;

(2) the gross receipts collected for each special bingo game of any kind including, but not limited to, "early bird,"' "three way," four corners," "round robin," "picture frame," "stand up," "postage stamp," "cover all," and "winner take all" games;

(3) the gross amount paid out on each separate bingo game;

(4) the cash on hand at the commencement of each occasion and the cash on hand at the conclusion of each game;

(5) the signature of the game manager for the licensee on that game;

(6) the name, signature, and assigned duties of each member for each game.

B. All persons responsible for or assisting in the holding, operation or conducting of any game of bingo must sign the roster, form BLO-4, prior to beginning any duties. Use of a person who has not signed, or has signed a fictitious name shall subject the licensee to suspension pending a hearing by the board.

[15.4.4.9 NMAC - Rn, Regulation No. 2B-9(A) & A, 9/30/05]

15.4.4.10 INSPECTION OF SUPPLIERS RECORDS, RELATING TO SECTION 60-2B-4A.(2) NMSA 1978: Any supplier who furnishes bingo equipment, jar raffle or pull tab tickets or any other equipment used in any game of chance must keep records of his transactions with New Mexico bingo and raffle license holders. These records must be produced for inspection upon demand by any authorized representative of the department of public safety or the board.

[15.4.4.10 NMAC - Rn, ABC Regulation No. 2B-4A.(2) & A, 9/30/05]

15.4.4.11 [REVIEW AND APPROVAL:] This Regulation No. 2B-4A.(2) was reviewed and approved by the alcoholic beverage control commission on January 28, 1983. This Regulation No. 2B-4A.(2) was reviewed and approved as to form and compliance with the law on 2/7/83,

[15.4.4.11 NMAC - Rn, ABC Regulation No. 2B-4A.(2), 9/30/05]

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 12/22/82.

Regulation No. 2B-9, Expenses and Reporting Relating to Section 60-2B-9 NMSA 1978, filed 3/29/84.

ABC Regulation No. 2B-9(A) Bingo Games Records Relating to Section 60-2B-9(A) NMSA 1978, filed 12/22/82.

Regulation No. 2B-9(A), Records - Bingo Games, filed 3/21/84.

ABC Regulation No. 2B-4A.(2), Inspection of Suppliers Records, Relating to Section 60-2B-4A(2) NMSA 1978 filed 2/11/83.

History of Repealed Material: [RESERVED]

Other History:

Regulation No. 2B-9, Expenses and Reporting Relating to Section 60-2B-9 NMSA 1978 (filed 3/29/84); Regulation No. 2B-9(A), Records - Bingo Games (filed 3/21/84); and ABC Regulation No. 2B-4A.(2), Inspection of Suppliers Records, Relating to Section 60-2B-4A(2) NMSA 1978 (filed 2/11/83) were all amended, renumbered, reformatted, and replaced by 15.4.4 NMAC, Bingo Reporting, effective 9/30/05.

TITLE 15 GAMBLING AND LIQUOR CONTROL

CHAPTER 4 BINGO AND RAFFLES

PART 5 [RESERVED]

TITLE 15 GAMBLING AND LIQUOR CONTROL

CHAPTER 4 BINGO AND RAFFLES

PART 6 BINGO PENALTIES

15.4.6.1 ISSUING AGENCY: New Mexico Gaming Control Board.

[15.4.6.1 NMAC - Rn, Regulation No. 2B-4(F) & A, 9/30/05]

15.4.6.2 SCOPE: [RESERVED]

15.4.6.3 STATUTORY AUTHORITY: [RESERVED]

[Section 60-2B-4(F) NMSA 1978]

15.4.6.4 DURATION: [RESERVED]

[Permanent]

15.4.6.5 EFFECTIVE DATE: [RESERVED]

[Filed March 21, 1984]

15.4.6.6 OBJECTIVE: [RESERVED]

15.4.6.7 DEFINITIONS: [RESERVED]

15.4.6.8 PENALTIES FOR VIOLATIONS OF BINGO AND RAFFLE ACT OR REGULATIONS, INTERPRETING AND EXEMPLIFYING SECTION 60-2B-4(F) NMSA 1978.

A. Whenever a licensee pleads guilty or nolo contendere to a charge brought by the board against the licensee, or is found guilty of such charge by the appointed hearing officer, the licensee shall be subject to the following penalties:

(1) the board or hearing officer shall order a suspension of business activities of not more than sixty (60) days; or

(2) the board or hearing officer shall issue his order of revocation of the license.

B. The board or hearing officer, exercising discretion, may hold in abeyance the first one-half of a penalty prescribed. If any penalty, or portion thereof, is held in abeyance, it shall be predicated upon no further violations of the Bingo and Raffle Act or Regulations for a period of six (6) months from the date of the violation.

[15.4.6.1 NMAC - Rn, Regulation No. 2B-4(F) & A, 9/30/05]

HISTORY OF 15.4.6 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-4(F), Penalties for Violations of Bingo & Raffle Act or Regulations, Interpreting and Exemplifying Section 60-2B-4(F) NMSA 1978, filed 3/21/84.

History of Repealed Material: [RESERVED]

Other History:

Regulation No. 2B-4(F), Penalties for Violations of Bingo & Raffle Act or Regulations, Interpreting and Exemplifying Section 60-2B-4(F) NMSA 1978 (filed 3/21/84) was amended, renumbered, reformatted, and replaced by 15.4.6 NMAC, Bingo Penalties, effective 9/30/05.

TITLE 15 GAMBLING AND LIQUOR CONTROL

CHAPTER 4 BINGO AND RAFFLES

PART 7 PREMISES

15.4.7.1 ISSUING AGENCY: New Mexico Gaming Control Board.

[15.4.7.1 NMAC - Rn, Regulation No. 2B-6, Regulation No. 2B-9(E) & A, 9/30/05]

15.4.7.2 SCOPE: [RESERVED]

[60-2B-6 NMSA 1978; 60-2B-9(E) NMSA 1978.]

15.4.7.3 STATUTORY AUTHORITY: [RESERVED]

15.4.7.4 DURATION: [RESERVED]

[Permanent]

15.4.7.5 EFFECTIVE DATE: [RESERVED]

[Regulation No. 2B-9(E) filed March 29, 1984 and Regulation 2B-6 filed May 14, 1984]

15.4.7.6 OBJECTIVE: [RESERVED]

15.4.7.7 DEFINITIONS: [RESERVED]

15.4.7.8 DOCUMENTATION REGARDING RENTED PREMISES, RELATING TO SECTION 60-2B-6 NMSA 1978: Documentation (or affidavits) of all persons involved in furnishing the rented premises must be filed with the board and upon demand other information necessary must be supplied to the board.

[15.4.7.8 NMAC - Rn, Regulation No. 2B-6 & A, 9/30/05]

15.4.7.9 AGREEMENTS BASED UPON PERCENTAGE OF RECEIPTS PROHIBITED, RELATING TO SECTION 60-2B-9(E) NMSA 1978: No licensee shall conduct any activity authorized under the Bingo and Raffle 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.

[15.4.7.9 NMAC - Rn, Regulation No. 2B-9(E), 9/30/05]

15.4.7.10 [REVIEW AND APPROVAL:] This Regulation No. 2B-6 was reviewed and approved by the alcoholic beverage control commission on November 18, 1983. This Regulation No. 2B-6 was reviewed and approved as to form and compliance with the law on May 10, 1984.

[15.4.7.10 NMAC - Rn, Regulation No. 2B-6, 9/30/05]

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 12/22/82.

Regulation No. 2B-9(E), Agreement Based Upon Percentage of Receipts Prohibited, filed 3/29/84.

Regulation No. 2B-6, Documentation Regarding Rented Premises, Relating to Section 60-2B-6 NMSA 1978, filed 5/14/84.

History of Repealed Material: [RESERVED]

Other History:

Regulation No. 2B-6, Documentation Regarding Rented Premises - Relating to Section 60-2B-6, NMSA 1978 (filed 5/14/84) and Regulation No. 2B-9(E), Agreement Based Upon Percentage of Receipts Prohibited (filed 3/29/84) were amended, renumbered, reformatted, and replaced by 14.5.7 NMAC, Premises, effective 9/30/05.

TITLE 15 GAMBLING AND LIQUOR CONTROL

CHAPTER 4 BINGO AND RAFFLES

PART 8 RAFFLE TICKETS

15.4.8.1 ISSUING AGENCY: New Mexico Gaming Control Board.

[15.4.8.1 NMAC - Rn, Regulation No. 2B-8 & A, 9/30/05]

15.4.8.2 SCOPE: [RESERVED]

15.4.8.3 STATUTORY AUTHORITY: [RESERVED]

[60-2B-8 NMSA 1978.]

15.4.8.4 DURATION: [RESERVED]

[Permanent]

15.4.8.5 EFFECTIVE DATE: [RESERVED]

[Filed March 21, 1984]

15.4.8.6 OBJECTIVE: [RESERVED]

15.4.8.7 DEFINITIONS: [RESERVED]

15.4.8.8 RAFFLES, RELATING TO SECTION 60-2B NMSA 1978:

A. Raffle ticket requirements when prizes exceed $100.00.

(1) All tickets sold in any raffle shall have the state license number, the word "raffle" and the date, time, and place of drawing printed on each ticket. A valid copy of a raffle ticket for each raffle conducted by a licensee must be filed with the board prior to selling such tickets.

(2) All tickets for use in any raffle shall be consecutively numbered. All raffles conducted shall have the major cash or merchandise prizes conspicuously printed on the raffle ticket. The cost of each ticket shall be printed on the front of each and every ticket. If the word "donation," gift," or similar term is used, the proceeds shall be reported as income under the raffles act.

(3) If the ticket holder is required to be present at a raffle drawing in order to be eligible for the prize, a statement setting forth this condition shall be conspicuously printed on each raffle ticket and on all promotional material concerning the raffle.

(4) The state license number is not required on any jar raffle ticket or pull tab tickets sold by any licensee. Each deal of jar raffle tickets or pull tabs must have their own serial number.

B. All raffle tickets sold to be available for drawing: No drawing shall be held in connection with any raffle unless each and every ticket stub sold, and only such ticket stubs, shall first have been placed in the receptacle out of which the winning ticket stubs are to be drawn. Such receptacles shall be designed so that each ticket stub placed therein has an equal opportunity with every other ticket stub to be the one withdrawn.

C. Jar raffle: pull tab operation.

(1) No licensee shall permit the display or operation of any jar raffles or pull tabs which may have in any manner been marked, defaced, tampered with or otherwise placed in a condition, or operated in a manner which may deceive the public.

(2) No licensee shall knowingly obtain, possess, or allow upon the licensee's premises, a series of jar raffles or pull tabs, or portion thereof, with the same series number and color code combination, as any other series of jar raffles or pull tabs or portion thereof in licensee's possession or on the licensee's premises.

(3) Each licensee shall retain all winning tickets over five dollars from each series until that particular series of jar raffles or pull tabs has been sold. At the time that series is completed the licensee shall check to insure that the proper number of winners have been turned in to the licensee. If it is determined that the number of winners turned in is more or less than the proper number, the tickets must be retained by the licensee for not less than six months If more than three such series are found in any one quarter, the licensee must notify the board in writing at the time of filing the quarterly report for that quarter.

(4) All winning jar raffle or pull tab tickets must be voided at the time of prize payout. They shall be voided by marking through the winning combination in ink, or by punching a hole or series of holes through the winning combination.

D. Control of prizes.

(1) Jar raffles or pull tab licensees shall award all prizes in cash or merchandise, except that winning cash tickets may be exchanged for new tickets.

(2) Prior to the start of the game, all bingo prizes or prize money must be on hand on the premises of the licensed organization. The licensee shall display all merchandise prizes in the immediate vicinity of the jar raffles or pull tab device and such prizes shall be in full view of any person prior to that person purchasing the opportunity to play. When a prize is cash, then the money itself does not have to be displayed. A card or sign designating the cash amount to be given as a prize shall be posted in any display which also includes merchandise prizes. The cash prizes to be awarded in connection with jar raffles or pull tabs, in which only cash prizes are awarded, shall be clearly and fully described or represented by a card or sign attached to or accompanying the jar raffle or pull tab series. The licensee shall display and arrange merchandise prizes so that a player can easily determine which prizes are available from any jar raffle or pull tab series in play. Any organization raffling any item or offering any item as a prize for a bingo game, must have documented proof of ownership of said item, free from any and all liens, mortgages and encumbrances prior to the sale of any tickets or bingo cards. This documented evidence of ownership must be made available to the department of public safety or the board, upon demand.

(3) Upon determining a winner, the licensee shall remove the merchandise prize won immediately from display and it shall be presented to the winner. Cash prizes shall be awarded immediately.

(4) No person selling jar raffle tickets, and no person managing or working in any capacity at any bingo game or other place where jar raffle tickets are sold, shall state, imply, or in any way indicate to the purchaser of jar raffle tickets the number or type of tickets that have been redeemed or that remain in the container.

E. Specific information required on jar raffles or pull tab invoices: Each licensee will require its supplier or distributor to place on each invoice of jar raffles or pull tab tickets, the form or catalog number, title or ticket and color code identification. Each licensee shall list the serial number of each jar raffle on the report.

F. All assisting members (i.e., caller, floor workers, game manager, etc.) must have a name plate stating the organization's name and the person's name must be visible at all times during the games.

G. Should any officer, game manager or assisting member be served with a criminal or civil action, the organization must advise the board, in writing, within ten (10) calendar days after said member is served. The criminal or civil action does not include traffic violations or dissolutions of marriage, but does include all other actions and counter claims.

[15.4.8.8 NMAC - Rn, Regulation No. 2B-8 & A, 9/30/05]

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 3/21/84.

History of Repealed Material: [RESERVED]

Other History:

Regulation No. 2B-8, Raffles - Relating to Section 60-2B-8, NMSA 1978 (filed 3/21/84) was amended, renumbered, reformatted, and replaced by 15.4.8 NMAC, Raffle Tickets, effective 9/30/05.

TITLE 15 GAMBLING AND LIQUOR CONTROL

CHAPTER 4 BINGO AND RAFFLES

PART 9 PULL TABS

15.4.9.1 ISSUING AGENCY: New Mexico Gaming Control Board.

[15.4.9.1 NMAC - Rn, AGD 94-1 & A, 9/30/05]

15.4.9.2 SCOPE: Applicability: These emergency regulations apply to the paper and video pull tabs games of chance. Board regulations governing the conduct of bingo and raffle games remain in effect until amended pursuant to Section 9-16-6 NMSA 1978 (1994 Repl.) and Section 60-2B-4 NMSA 1978 (1991 Repl.) except provisions that conflict with or are superseded by these emergency regulations.

[15.4.9.2 NMAC - Rn, AGD 94-1 & A, 9/30/05]

15.4.9.3 STATUTORY AUTHORITY: [RESERVED]

15.4.9.4 DURATION: [RESERVED]

[Permanent]

15.4.9.5 EFFECTIVE DATE: [RESERVED]

[Filed January 3, 1995]

15.4.9.6 OBJECTIVE: [RESERVED]

15.4.9.7 DEFINITIONS:

A. “Deal” means a finite pool of pull tab tickets or credits with the same serial number. Each ticket or credit within a deal represents an equal share of the deal. Each deal shall have a predetermined size (number of total tickets or credits available within the pool), a predetermined number of winning and losing tickets or credits within the pool (a predetermined winner ratio), and a predetermined percentage of payout. Once the size of a deal is predetermined, the deal shall not be manipulated or regenerated to alter the size of the deal. A deal shall not exceed 8000 tickets or credits.

B. “Pull tab game” means an authorized game of chance with a predetermined number of winning and losing tickets or credits which are drawn or selected at random from a single finite deal.

C. “Paper pull tabs” means the game where the player purchases a ticket(s) from a deal and physically removes or uncovers numbers, letters, or symbols or combination or sequence of numbers, letters or symbols to expose a winning or losing ticket. Each ticket represents an equal share of the deal. Each ticket is removed from the deal until the entire deal is exhausted.

D. “Video pull tab machine” means any electronic pull tab machine that utilizes video images and simulates the paper pull tab game of chance. The electronic video pull tab machine shall not have any direct cash payments. Video machines operate so that the player inserts cash into the machine, the machine converts the cash to credits of equal value from a single finite deal, and the player activates the machine to display numbers, letters, or symbols or a combination or sequence of numbers, letters, or symbols to expose a winning or losing pull tab. Each credit represents an equal share of the deal. The player may redeem the credit balance for cash at any time or may choose to continue to play from the same deal. Each credit played is subtracted or deducted from the deal until the deal is exhausted.

E. “Valid ticket voucher” is a ticket produced by a machine that reflects the result of bona fide play of a video pull tab machine and not the result of player tampering, manipulation or a machine malfunction that can be documented.

[15.4.9.7 NMAC - Rn, AGD 94-1, 9/30/05]

15.4.9.8 PERMITTED FORMS OF PULL TAB GAMES OF CHANCE:

A. Paper and video forms of pull tab games of chance are permitted. Each ticket or credit must correspond to an equal share of the deal, so that each ticket or credit played from the deal reduces the size of the deal equally.

B. The video pull tab game of chance must randomly draw from a finite number of winning and losing chances. The pull tab deal shall not exceed 8000 tickets or credits.

[15.4.9.8 NMAC - Rn, AGD 94-1, 9/30/05]

15.4.9.9 PROHIBITED GAMES OF CHANCE AND EQUIPMENT:

A. Video games commonly known as “eight liners” that allow the player to increase or manipulate the size of the deal are prohibited.

B. Video pull tab machines shall be used only to play video versions of paper pull tab games. Any machine which simulates the game of video pull tabs without conforming to these regulations is prohibited.

C. Any games of chance not expressly allowed under the Bingo and Raffle Act are prohibited. Any video games that simulate any games of chance or skill other than pull tabs, including, without limitation, poker, black jack, 21, craps, roulette, slot machines, solitaire, baccarat, backgammon, cribbage, rummy, and gin are prohibited.

D. Notwithstanding any other provision of this rule, licensees also holding gaming operator licenses pursuant to the Gaming Control Act may operate gaming machines pursuant to that act.

[15.4.9.9 NMAC - Rn, AGD 94-1 & A, 9/30/05]

15.4.9.10 GENERAL CONDITIONS:

A. A licensee shall not share a deal with any other licensee.

B. Only one licensee may hold, operate, and conduct authorized games of chance at a location or premises at a time, regardless of the division or separation of rooms within the building, hall, or enclosure.

C. No games shall be conducted more than five times in any one calendar week, with no game lasting more than four hours on each occasion and not more than two occasions in one calendar day by any one licensee. The schedule of hours and location that games are held, operated, and conducted shall be approved in advance by the licensing authority.

D. A deal shall not be co-mingled with any other deals within a single machine during play. All credits purchased or won by the player shall be removed from a single deal until the entire deal is exhausted. If a deal is exhausted and a player has a credit balance, the player must redeem the credit balance for cash and a new deal must commence before the player can resume play.

E. A licensee may simultaneously operate separate deals on different machines at the same location or premises, or a licensee may operate the same deal on different machines located at the same location or premises. A licensee shall not simultaneously operate more than one deal on a single machine.

F. At the time of changeover from one licensee to another, machine play shall cease for the period of time required for all accounting procedures and the change of deal on each machine. Any player with a credit balance must redeem the credit balance for cash.

G. At the close of each licensee’s occasion and each time a deal is exhausted, the licensee’s game manager shall remove the cash from the machine and shall retain the audit printout. The licensee’s game manager shall immediately count the cash and prepare and sign a bank deposit slip cash receipts counted and bank deposit slip prepared by (signature), game manager, licensee #- _____.” A second worker shall immediately count and verify the cash and shall cosign the bank deposit slip “verified by (signature).” The cash and the bank deposit slip shall be placed in a locked, canvas bank cash deposit bag supplied by the bank for cash deposits. Cash from multiple machines may be co-mingled if only one deal is in play on that occasion. If multiple deals are in play, a separate deposit slip shall be prepared and the cash separately verified for each deal. The licensee shall retain the audit printout and all bank deposit slips as provided by these regulations.

H. The responsible officer shall ensure that the audit printout is legible, is retained in its original condition pursuant to these regulations, and shall ensure that the printout is not altered, defaced, damaged, or marked in any way. The responsible officer shall reconcile audit printout(s) from each deal and shall report the reconciliation or any discrepancy within three working days of discovery of a discrepancy or exhaustion of the deal, whichever occurs first.

[15.4.9.10 NMAC - Rn, AGD 94-1, 9/30/05]

15.4.9.11 MANDATORY DISCLOSURES TO LICENSEES AND TO PLAYERS:

A. The serial number of each deal shall be displayed on the video monitor of each machine in play.

B. During each occasion, the licensee shall post in a conspicuous place, visible to the public, the serial number of each pull tab deal(s), the size of the deal, (the total predetermined number of tickets or credits within the deal) and the predetermined number of winning tickets or credits within the deal (the winner ratio) and the denomination of each payout.

C. Prior to the purchase of the deal, the supplier or distributor of the deal shall disclose to the licensee in writing the following information: the serial number of the deal, the size of the deal, the predetermined number of winning and losing tickets or credits within the deal, the predetermined percentage of payout of the deal (which shall not be less than 80 percent), all costs and expenses of the deal, and the total amount of gross and net proceeds to be realized by the licensee when the entire deal is exhausted.

[15.4.9.11 NMAC - Rn, AGD 94-1, 9/30/05]

15.4.9.12 LOSS, THEFT, MECHANICAL FAILURE, INOPERATION DESTRUCTION OR MALFUNCTION:

A. The responsible officer shall report to the board each instance that a machine in play malfunctions and each instance when play is disrupted or ceases operation regardless of the reason or length of time of disruption or malfunction. The responsible officer shall report the malfunction or disruption in play whether or not there is a monetary loss.

B. If the gross income report for a machine has been reduced to reflect a loss resulting from a theft from the machine, (the term theft includes the physical break-in or entry into the video pull tab machine, or manipulation of the machine by external means resulting in the accumulation of credits available for redemption without the insertion of money) the licensee shall submit the following information to the board, together with the quarterly report:

(1) documentation from a law enforcement agency verifying that the theft was reported;

(2) a letter signed by the licensees business insurance agent indicating the amount paid or to be paid, if any, by the insurer to cover the loss resulting from the theft; and

(3) the last access accounting ticket generated before the theft occurred and the first access accounting ticket generated after the theft occurred; the tickets will be used by the board to calculate the maximum amount that may be deducted for a loss resulting from a theft less any sums recovered from any sources.

[15.4.9.12 NMAC - Rn, AGD 94-1 & A, 9/30/05]

15.4.9.13 GENERAL DUTIES OF LICENSEES: The general duties required of all licensees are as follows:

A. conduct their all gaming operations in a manner that does not pose a threat to the public health, safety and welfare of the citizens of New Mexico or reflect adversely on the security or integrity of charitable gaming;

B. maintain all records required by the board;

C. provide immediate access to all records and the physical premises of the licensee for inspection at the request of the department of public safety, the board and other law enforcement agencies;

D. keep current in all payments and obligations to the board and suppliers and distributors of gaming equipment and lessors of premises;

E. a licensee will not allow any lessor of premises or supplier or distributor of gaming equipment, goods or services to extend credit to the licensee for a period of more than thirty days from the date of the invoice. Invoices shall be dated on the date the item is delivered to the licensee; “credit” includes acceptance by a supplier of a postdated check as payment for facilities, equipment or supplies;

F. a licensee will provide a secure premise for the holding, operating or conducting of all authorized games of chance;

G. a licensee will allow no one to tamper with or interfere with the conduct or operation of any game of chance; no licensee, employee, agent, or person working in any capacity in the holding, operating, or conducting of any game of chance shall attempt to or in any way direct or induce a player to participate in pull tab games or steer or direct a player to a particular machine by stating or implying, directly or indirectly, a payout other than required disclosures as defined in these regulations;

H. a licensee will not extend credit to a player to play or participate in any game of chance;

I. a licensee will immediately pay all credits upon presentment of a valid winning ticket or valid ticket voucher;

J. a licensee shall not enter into any agreement with providers of equipment or services, including lessors of premises, which imposes restrictions on the licensee with respect to the use of net proceeds;

K. each licensee will require its supplier or distributor to place on each invoice for paper pull tab tickets, the form or catalog number, title or ticket and color code identification; each licensee shall list the serial number of each deal of pull tabs on the report; at each licensed premises, the organization shall maintain a copy of the distributor’s invoice for each paper pull tab deal in play and for each paper pull tab deal on the premises and shall make the invoices available for inspection by the licensing authority or special agents of the special investigations division;

L. the licensee shall separately account for the gross receipts from pull tabs and other games of chance; the expenses of any other game of chance shall not be deducted from gross receipts from pull tabs; only those expenses specifically authorized in the Bingo and Raffle Act may be deducted from the receipts from pull tabs; each licensee shall maintain separate deposit accounts for all games of chance, which shall contain all gaming receipts and disbursements for allowable expenses; bingo and pull tab receipts shall not be co-mingled with other funds of the licensee;

M. the licensee shall provide the board with the following information:

(1) the name and address of the bank, the account number for the bank account; and

(2) the names of members authorized as signatories and a copy of the bank signature card showing the identity of the officers authorized to withdraw funds from the account;

(3) changes in the information must be submitted to the board at least ten days before the change is made;

(4) the receipts must be deposited into the bank account on the next banking day of completion of the gaming activity;

(5) deposit records must be sufficient to allow determination of deposits made from each occasion or game.

N. the licensee shall remain current in payment of all taxes required pursuant to the Bingo and Raffle Act.

[15.4.9.13 NMAC - Rn, AGD 94-1 & A, 9/30/05]

15.4.9.14 REGISTRATION REQUIREMENTS:

A. The licensee shall register each electronic pull tab machine with the board on forms prescribed by the board. A separate registration form must be completed for each machine used by each licensee. A machine may be registered and used by more than one licensee.

B. Each licensee shall register each machine prior to use. Each form must be signed by the responsible officer of the licensee. Registration forms are available upon request from the board.

C. The registration form shall include the following information:

(1) manufacturer;

(2) serial number;

(3) date of manufacture;

(4) location of premises;

(5) owner or lessor of the machine;

(6) maintenance provider;

(7) model;

(8) type.

D. The licensee shall notify the board any time it discontinues use of any machine registered with the board.

[15.4.9.14 NMAC - Rn, AGD 94-1 & A, 9/30/05]

15.4.9.15 ON LINE ACCESS: The electronic video pull tab machine must be capable of providing on-line access to the board to check the following:

A. monitoring of machine to include name of licensee;

B. location of the machine;

C. time of day in hours and minutes in which machine is in play;

D. machine serial number;

E. serial number of deal in play;

F. size of deal.

[15.4.9.15 NMAC - Rn, AGD 94-1 & A, 9/30/05]

15.4.9.16 REPORT REQUIREMENTS:

A. The licensee shall report to the board any malfunction or disruption of any machine as required by these regulations.

B. At the exhaustion of any pull tab game of chance, the licensee shall report to the board the following information:

(1) serial number of deal;

(2) size of deal;

(3) gross receipts from the deal;

(4) net proceeds;

(5) number of winning or losing credits within the deal.

C. The licensee shall reconcile each deal separately.

D. The report must be delivered to the board no later than April 15, July 15, October 15 and January 15th and shall cover the preceding calendar quarter or portion thereof.

E. The video pull tab machine must have the capability of providing a daily audit report or detailed tape that provides the following information: mechanical and electronic meter readings must be taken at the same time and recorded for the report at the close of each business day in the reporting quarter. The readings must be supported by the original printed accounting ticket. The report is due on each machine registered.

[15.4.9.16 NMAC - Rn, AGD 94-1 & A, 9/30/05]

15.4.9.17 RECORD RETENTION REQUIREMENTS:

A. Machine operation records, including audit printouts for each deal, must be retained for three years and made available for inspection by the board or the department of public safety upon request. The records must provide all necessary information the board or department of public safety may require to ensure operation of machines in compliance with the law and regulations.

B. The records must include:

(1) audit printouts or readings of each machine’s mechanical meters at least once every business day;

(2) documentation of total actual cash counted for the licensee, including bank deposit slips.

[15.4.9.17 NMAC - Rn, AGD 94-1 & A, 9/30/05]

15.4.9.18 GENERAL SPECIFICATIONS OF VIDEO PULL TAB MACHINES:

A. The board or the department of public safety may inspect any machine used by licensees. The board or the department of public safety must be allowed immediate access to each machine. Keys to allow access to a machine for purposes of inspection may be provided to the board and, the department of public safety or must be immediately available at the premise.

B. Machines may not have any switches, jumpers, wire posts, or other means of manipulation that could affect the operation or outcome of a game. The machine may not have any functions or parameters adjustable by and through any separate video display or input codes except for the adjustment of features that are wholly cosmetic or other operations parameters as approved by the licensing authority. This is to include devices known as “knockoff switches”.

C. Machines may offer only those games of chance authorized by the Bingo and Raffle Act and these regulations.

D. The machine must be capable of printing a ticket voucher for all credits owed the player. A valid ticket must contain the following information:

(1) the name of the licensed establishment;

(2) the name of the city, town. or county in which the license is located;

(3) the machine serial number;

(4) the time of day in hours and minutes in a 24-hour format;

(5) the current date;

(6) the value of the prize in numbers;

(7) the value of the prize in words.

E. The printing mechanism must be located in a locked area of the machine to insure the safekeeping of the audit copy. The printing mechanism must have a paper sensing device that upon sensing a ‘low paper” condition will allow the machine to finish printing the ticket and prevent further play. The machine must recognize a printer power loss occurrence and cease play until power has been restored to the printer and the machine is capable of producing a valid ticket.

F. The machine must have non re-settable mechanical meters housed in a readily accessible locked machine area. These meters must be in a configuration prescribed by the board. The mechanical meters must be manufactured in such a way as to prevent access to the internal parts without destroying the meter. Meters must be hardwired (no quick connects will be allowed in the meter wiring system). The board may require and provide a validating identification sticker to attach to the mechanical meters to verify the meters are assigned to a specific licensed machine. The meters must keep a permanent record of:

(1) total credits accepted by the machine;

(2) total credits played;

(3) total credits won;

(4) total credits paid.

G. The machine must contain electronic metering, using meters that record and display the following on the video screen in a format prescribed by the licensing authority:

(1) total credits in mechanism(s);

(2) total credits, total credits played, total credits won and total credits paid;

(3) total games played and total games won.

H. Whenever electronic meters are reset, each machine must produce a full accounting ticket both before and after each resetting. The tickets must be in the format approved by the licensing authority and contain:

(1) the name of the licensee;

(2) the name of the city, town, or county in which the licensee is located;

(3) the machine serial number;

(4) the time of day in hours and minutes in a 24-hour format;

(5) the current date;

(6) the program name and revision number; and

(7) the electronic meter readings required by the licensing authority.

I. The machine and any peripheral electronic device must have an identification tag permanently affixed to the machine by the manufacturer. The tag must be at a location approved by the board and must include the following information.

(1) manufacturer;

(2) serial number;

(3) model;

(4) date of manufacture; and

J. The machine shall be equipped with a surge protector that will feed all A.C. electrical current to the machine and a backup power supply capable of maintaining for a 30-day period the accuracy of all electronic meters, date, and time during power fluctuations and loss. The battery must be in a state of charge during normal operation of the machine.

K. The board may initiate proceedings to suspend or revoke a license if it finds that any machine or machine, machine component, or video pull tab game does not comply with the rules governing video pull tab machines.

[15.4.9.18 NMAC - Rn, AGD 94-1 & A, 9/30/05]

[Note: Italicized material was not included in the filed rule but was included in the published material - see New Mexico Register Vol. VI, No. 1, January 14, 1995, page 129.]

15.4.9.19 INSPECTION AND SEIZURE OF MACHINES: The board or the department of public safety has the right at all times to make an examination of any machine being used to play or simulate video pulltabs. Such right of inspection includes immediate access to all machines and unlimited inspection of all machine parts. The board or the department of public safety may immediately seize and remove an machine or device which violates these rules.

A. Given reasonable cause, the board or the department of public safety may remove a machine or parts from a machine for laboratory testing and analysis;

B. The board or the department of public safety may seal any machine left on the licensee’s premises pending an investigation. The breaking or removal of the seal will subject the licensee to seizure of the entire machine and suspension or revocation of any permit or license issued by the board.

[15.4.9.19 NMAC - Rn, AGD 94-1 & A, 9/30/05]

[Note: Italicized material was not included in the filed rule but was included in the published material - see New Mexico Register Vol. VI, No. 1, January 14, 1995, page 129.]

HISTORY OF 15.4.9 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the state records center and archives by regulation and licensing department, alcohol and gaming division under:

AGD 94-1, Emergency Regulations Governing the Conduct of Pull Tabs Game of Chance, filed 1/3/95.

History of Repealed Material: [RESERVED]

Other History:

AGD 94-1, Emergency Regulations Governing the Conduct of Pull Tab Game of Chance (filed 1/3/95) was amended, renumbered, reformatted, and replaced by 15.4.9 NMAC, Pull Tabs, effective 9/30/05.