Proposed Agenda, March 2 Regular Board Meeting

NOTICE OF BOARD OF DIRECTORS MEETING

THE NEW MEXICO GAMING CONTROL BOARD

ONE-DAY REGULAR BOARD MEETING

The New Mexico Gaming Control Board will conduct a one-day regular Board meeting. On Tuesday, March 2, 2004, the Board will meet in closed executive session commencing at 9:00 a.m. until 1:30 p.m., at which time they will meet in open session. The meeting will be held at the New Mexico Gaming Control Board located at 6400 Uptown Blvd., N.E., Suite 100-E in Albuquerque. Subject matters to be discussed are included on the attached proposed agenda. Please note the agenda is subject to change. A final agenda will be available to the public at least 24 hours prior to the meeting. A copy of the final agenda may be obtained from the office of the Gaming Control Board, located at 6400 Uptown Boulevard NE, Suite 100-E in Albuquerque, New Mexico or by calling Barbara Palmier at the GCB office at 505-841-9756 during regular business hours.

If you are an individual requiring auxiliary aids or services, pursuant to the Americans With Disabilities Act, in order to attend a meeting of the New Mexico Gaming Control Board, please contact Barbara Palmier at (505) 841-9756 at least forty-eight (48) hours prior to the meeting. The NM Gaming Control Board meetings are open to the public and your attendance is welcome. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact Barbara Palmier at 841-9756 if a summary or other type of accessible format is needed.

6400 Uptown Boulevard NE, Suite 100-E · Albuquerque, NM 87110 · Phone (505) 841-9756 · Fax (505) 841-9782

NEW MEXICO GAMING CONTROL BOARD

ONE-DAY REGULAR BOARD MEETING AGENDA

March 2, 2004 - 9:00 a.m.

(Note: All items on agenda may result in Board action.)

Tuesday, March 2, 2004

I. Call to Order –9:00 a.m.

A. Roll Call

II. Approval of Agenda

III. CLOSED EXECUTIVE SESSION – (Closed pursuant to Section 10-15-1 (H) NMSA 1978, “Open Meetings Act”)

A. Licensing

1. Renewal of Veterans of Foreign Wars 401 (Albuquerque) Nonprofit Gaming Operators License

2. GTECH Acquisition of Spielo Manufacturing, Inc. – Informational Purposes Only

3. Acquisition of Crown Gaming By Alliance Gaming- Informational Purposes Only

4. Loan Agreement Between Ruidoso Downs and Compass Bank – Informational Purposes Only

B. Issuance of Findings of Suitability on Key and Affiliated Persons

1. New Applications

a. Daphnee Jones – American Legion Post 25 (Clovis)

b. James C. Meyer – American Legion Post 77 (Logan)

c. Gloria Parker – BPO Elks Lodge 1172 (Tucumcari)

d. David Johnson – IGT (Las Vegas, NV)

e. Rick Smith – Mikohn Gaming (Las Vegas, NV)

f. Gary Mason – Veterans of Foreign Wars Post 401 (Albuquerque)

2. Renewal Applications

a. Prospero J. Sanchez – American Legion Post 72 (Albuquerque)

b. Thomas Joseph Matthews – Anchor Coin (Las Vegas, NV)

c. Joseph Murphy – Anchor Coin (Las Vegas, NV)

C. Pending Administrative and Enforcement Actions

1. Hearing Officers Recommendation to Suspend Daryl Conley’s Work Permit 2. Hearing Officers Recommendation to Revoke the Finding of Suitability for Ronald Alleman

3. Final Action Regarding The Downs at Albuquerque – 03-001- EA, 03-007-EA, 03-008-EA

4. Final Action - Veterans of Foreign Wars 401 (Albuquerque) - Cause Number 03-015-EA

One Day Regular Board Meeting (Closed Session)

March 2, 2004

Page 2

D. Tribal Gaming Matters (Confidential pursuant to Section 4(E)(3) of the 2001 Compact)

E. Pending and Threatened Litigation

F. Limited Personnel Matters

IV. Recess

NEW MEXICO GAMING CONTROL BOARD

ONE-DAY REGULAR BOARD MEETING AGENDA

March 2, 2004 - 9:00 a.m.

(Note: All items on agenda may result in Board action.)

Tuesday, March 2, 2004

V. OPEN SESSION—Please note that items after 1:30 p.m. may be taken out of sequence at the discretion of the Chair.

A. Call to Order – 1:30 p.m.

1. Roll Call

B. Approval of Minutes

1. Minutes of the February 3, 2004, One Day Regular Board Meeting

C. Board Chair’s Announcements

1. Sign-In Sheet will be circulated to ensure that everyone has signed in

2. Scheduled Board Meetings – First Tuesday of each month – if a two-day meeting is required, the Board will reconvene Wednesday morning

· Tuesday, April 6, 2004

· Tuesday, May 4, 2004

3. Miscellaneous

D. Licensing

1. Renewal of Veterans of Foreign Wars 401 (Albuquerque) Nonprofit Gaming Operators License

2. GTECH Acquisition of Speilo Manufacturing, Inc.

3. Acquisition of Crown Gaming By Alliance Gaming- Informational Purposes Only

4. Loan Agreement Between Ruidoso Downs and Compass Bank – Informational Purposes Only

E. Issuance of Findings of Suitability on Key and Affiliated Persons

1. New Applications

a. Daphnee Jones – American Legion Post 25 (Clovis)

b. James C. Meyer – American Legion Post 77 (Logan)

c. Gloria Parker – BPO Elks Lodge 1172 (Tucumcari)

d. David Johnson – IGT (Las Vegas, NV)

e. Rick Smith – Mikohn Gaming (Las Vegas, NV)

f. Gary Mason – Veterans of Foreign Wars Post 401 (Albuquerque)

2. Renewal Applications

a. Prospero J. Sanchez – American Legion Post 72 (Albuquerque)

b. Thomas Joseph Matthews – Anchor Coin (Las Vegas, NV)

c. Joseph Murphy – Anchor Coin (Las Vegas, NV)

One Day Regular Board Meeting (Open Session)

March 2, 2004

Page 2

F. Policy and Rulemaking Matters

1. Proposed Rule Changes

a) Proposed Amendments to Rule 15.1.2 NMAC, Confidential Treatment of Certain Information: Section 15.1.2.9 – Request for Disclosure of Confidential Information.

b). Proposed Amendments to Rule 15.1.5 NMAC, Application for Licensure under the Gaming Control Act: Section 15.1.5.10 Application, Statements, and Notices –Forms and General Requirements, Section 15.1.5.17 Application for Work Permit, and Section 15.1.5.21 Application Fees.

c) Proposed Amendments to Rule 15.1.7 NMAC, Gaming Machines, New Games and Associated Equipment: Section 15.1.7.20 Display of Rules of Play, and Section 15.1.7.26 Theoretical Percentage Payout Requirements.

d) Proposed Amendments to Rule 15.1.8 NMAC, Accounting Requirements under the Gaming Control Act: Section 15.1.8.9 Accounting Records, Section 15.1.8.13 Standard Financial Statements for Non-Profits, Section 15.1.8.14 Tax Returns; audited Financial Statements; Other Licensees, and Section 15.1.8.18 Nonprofit Licensees; Separate Operating Accounts.

e) Proposed Amendments to Rule 15.1.10 NMAC, Conduct of Gaming under the Gaming Control Act: Section 15.1.10.7 Definitions, Section 15.1.10.13 Reports of Violations, Section 15.1.10.17 Gaming By Owner, Directors, Officers, Key Executives, Work Permitees or Technicians, Section 15.1.10.21 Determination and Postings of Odds, Section 15.1.10.22 Security, 15.1.10.23 Surveillance Systems, 15.1.10.32 Use of Gaming Receipts by Nonprofit Operator Licensee, Section 15.1.10.45 Nonprofit Contracts, and Section 15.1.10.46 Distributor/Manufacturer Participation in Slot Revenue; Racetrack Operators.

f) Proposed Amendments to Rule 15.1.13 NMAC, License and Certification Renewal Requirement under the Gaming Control Act: Section 15.1.13.10 Late Renewal of License.

g) Proposed Amendments to Rule 15.1.14 NMAC, Enforcement Proceedings under the Gaming Control Act: Section 15.1.14.7 Definition, 15.1.14.8 Public Hearings; Location; Hearing Examiner, Section 15.1.14.9 Summoning of License, Section 15.1.14.10 Initiation of Hearing; Contents of Complaint; Service, Answer, Section 15.1.14.12 Discovery; Subpoenas, Section 15.1.14.14 Procedures; Evidence, Section 15.1.14.15 Conduct of Enforcement Hearing, Section 15.1.14.16 Continuances, Section 15.1.14.17 Default; Procedure for Recommendation of Default, Section 15.1.14.18 Recommended Action; Final Decision, Section 15.1.14.19 Ex Parte Communications, and Section 15.1.14.20 Telephonic Hearings.

h) Proposed Amendments to Rule 15.1.15 NMAC, Administrative Appeal of Gaming Control Board Action:: Section 15.1.15.7 Definitions, Section 15.1.15.8 Public Hearings; Location; Hearing Examiner, Section 15.1.15.9 Request for Review of Board Action, Section 15.1.15.10 Record of Proceeding, Section 15.1.15.11 Subpoenas, Section 15.1.15.12 Procedures; Evidence, Section 15.1.15.13 Conduct of Proceedings, Section 15.1.15.14 Burden of Proof, Section 15.1.15.15 Continuances, Section 15.1.15.16 Default; Procedure for Recommendation of Default, Section 15.1.15.17 Recommended Action; Final Decision, Section 15.1.15.18 Ex Parte Communications, and Section 15.1.15.19 Telephonic Hearings.

i) Proposed Amendments to Rule 15.1.17 NMAC, Schedule of Penalties under the Gaming Control Act: Section 15.1.17.6 Objective, Section 15.1.17.9 Schedule of Violations, and Section 15.1.17.10 Enhancement of Fines and Penalties.

j) Proposed Amendments to Rule 15.1.18 NMAC, Compulsive Gambling Assistance Plan Standards:: Section 15.1.18.12 Compulsive Gambling Funds Distribution.

k) Proposed Amendments to Rule 15.1.19 NMAC, Payment of Winnings Over $1,200 under the Gaming Control Act: Section 15.1.19.9 Verification of Winnings; Reporting Procedures and Section 15.1.19.10 Distribution of Reporting Form.

One Day Regular Board Meeting (Open Session)

March 2, 2004

Page 3

l) Proposed Amendments to Rule 15.1.20 NMAC, Emergency Orders of the Gaming Control Board: Section 15.1.20.7 Definitions, Section 15.1.20.8 Basis for Issuance of an Emergency Order, Section 15.1.20.9 Contents of Emergency Order, 15.1.20.10 Service of Emergency Order; Effect, 15.1.20.11 Compliant; Administrative Hearing and 15.1.20.12 Nonpayment of Fees; Suspension of Gaming License and Disabling of Gaming Machines 13. Proposed Amendments to Rule 15.1.24 NMAC, Progressive Games and Gaming Devices: Section 15.1.24.10 Multiple Linkage of Progressive Gaming Machines.

2. Self Exclusion Presentation – Informational Purposes Only

G. Pending Administrative and Enforcement Actions

1. Hearing Officers Recommendation to Suspend Daryl Conley’s Work Permit

2. Hearing Officers Recommendation to Revoke the Finding of Suitability for Ronald Alleman

3. Final Action Regarding The Downs at Albuquerque – 03-001- EA, 03-007-EA, 03-008-EA

4. Final Action - Veterans of Foreign Wars 401 (Albuquerque) – Cause Number 03-015-EA

H. Public Comments

VI. Adjournment

Jack Harkleroad

Chairman

JH:bp