STATE OF NEW MEXICO

GAMING CONTROL BOARD

POLICY FOR TEMPORARY POSSESSION

OF UNLICENSED GAMING MACHINES

FOR PURPOSES OF TESTING,

DEMONSTRATING OR MARKETING.

 

Approved by:  India Hatch, Interim Executive Director

Issued on:   March 22, 2006

Revised on:

 

I.  Introduction

 

This Policy for Temporary Possession of Unlicensed Gaming Machines for Purposes of Testing, Demonstrating or Marketing is adopted pursuant to the New Mexico Gaming Control Act, Sections 60-2E-1 through 60-2E-61 NMSA 1978, as amended from time to time.  In accordance to 60-2E-13.1 (B) and (C), this policy allows for a person to possess gaming devices for purposes of testing, demonstrating or marketing while at a licensed premises within the state.

 

II. Definitions

 

As used in this policy:

 

A. “Act” means the Gaming Control Act; as amended;

 

B. “board” means the Gaming Control Board;

 

C. ““distributor” means a person who supplies gaming devices to a gaming operator but does not manufacture gaming devices;

 

D.  “executive director” means the executive director of the Board;

 

E.  “gaming machine” means a mechanical, electromechanical or electronic contrivance or machine that, upon insertion of a coin, token or similar object, or upon payment of consideration, is available to play or operator a game, whether payoff is made automatically from the machine or in any other manner;

 

F.  “game” means an activity in which upon payment of consideration, a player receives a prize or other thing of value, the award of which is determined by chance even though accompanied by some skill;

 

G. “licensed premise” means the area that has been approved by the board that is under the direct control of a gaming operator licensee, manufacturer or distributor within the state.

 

H. “licensee” means a manufacturer, distributor, non-profit gaming operator or racetrack operator licensed within the state.

 

I.  “manufacturer”  means a person who manufactures, fabricates, assembles, produces, programs, or makes modifications to any gaming devices for use or play in the state or for sale, lease, or distribution outside of the state from any location within state;

 

J. “person” means a distributor or manufacturer, not licensed in this state, which is legally authorized to possess such machines in their state or country of origin.

 

K.    “state” means the State of New Mexico

 

III. Statement of Board Policy

 

It is the policy of the board to strictly regulate gaming in the state in a manner that ensures honest and competitive gaming that is free from criminal and corruptive elements and influences, while promoting economic development in the state without imposing undue regulatory burdens.

 

IV:  Possession of Gaming Machines for Purposes of Testing, Demonstrating or Marketing

 

The Board, in its discretion, may permit a person to possess gaming machines for the purposes of testing, demonstrating or marketing their product in a non-gaming or Demo mode, provided the person adheres to the following:

 

A.  The person may seek permission to possess gaming machines for testing, demonstrating or marketing purposes.

 

B.  A person seeking permission to possess gaming machines shall be able to qualify to do business within the state.

 

C.  A person seeking permission to possess gaming machines shall fill out an application for a waiver of licensure for purposes of testing, demonstrating, and marketing and obtain approval from the executive director.  The person shall fill out the application which shall include:

 

  1. the name, physical and mailing address and phone number of the manufacturer or distributor who will supply the gaming machines;

 

  1. description of the gaming machine to include serial and model numbers;

 

  1. the name of the licensee and the physical address of the licensed premise where the gaming machines will be located while being tested, demonstrated, or marketed;

 

  1. physical address of where the gaming device will be stored if not on a licensed premises;

 

  1. the time and dates the gaming machines will be within the state, not to exceed 10 (ten) days; 

 

  1. description of how the person intends on ensuring security of the gaming machines while in the state and;

 

  1. an application for transportation of unlicensed gaming devices into the state.

 

D.  Persons seeking permission for waiver of license for purposes of testing, demonstrating, and marketing, shall include with the application:

 

  1. proof that the machines are legal in their state or country of origin;

 

  1. proof that the person supplying the machines is legally authorized to possess such machines in their state or country of origin;

 

  1. proof that the person supplying the machines is in full compliance with the provisions of the Johnson Act;

 

  1. proof that the person has authorization from a licensee to conduct testing, demonstration or marketing on their licensed premise;