HOUSE BILL 314
46th legislature - STATE OF NEW MEXICO - second session, 2004
RELATING TO GAMING; AUTHORIZING THE DEPARTMENT OF HEALTH TO REVIEW AND APPROVE COMPULSIVE GAMBLER PLANS; REQUIRING UPDATED COMPULSIVE GAMBLER PLANS TO BE SUBMITTED ANNUALLY; AMENDING A SECTION OF THE GAMING CONTROL ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 60-2E-26 NMSA 1978 (being Laws 1997, Chapter 190, Section 28) is amended to read:
"60-2E-26. GAMING OPERATOR LICENSEES--GENERAL PROVISIONS--BUSINESS PLAN--PLAYER AGE LIMIT--RESTRICTIONS.--
A. An applicant for licensure as a gaming operator shall submit:
(1) with the application a compulsive gambler plan for assisting in the prevention, education and treatment of compulsive gambling; and
(2) submit a copy of the compulsive gambler plan for assisting in the prevention, education and treatment of compulsive gambling to the department of health.
B. The compulsive gambler plan shall include regular educational training sessions for employees. A compulsive gambler plan is a public document and is available for review by the public upon request made to the board.
C. Plan approval by the department of health is a condition of issuance or renewal of the gaming operator license. The department of health shall notify the applicant for a gaming operator license and the board of the approval or rejection of the compulsive gambler plan within sixty days from the date of receipt of the plan by the department of health or the plan is deemed approved.
[B.] D. An applicant for licensure as a gaming operator shall submit with the application a proposed business plan. The plan shall include at least:
(1) a floor plan of the area to be used for gaming machine operations;
(2) an advertising and marketing plan;
(3) the proposed placement and number of gaming machines;
(4) a financial control plan;
(5) a security plan;
(6) a staffing plan for gaming machine operations; and
(7) details of any proposed progressive systems.
[C.] E. A gaming operator licensee shall be granted a license to operate a specific number of machines at a gaming establishment identified in the license application and shall be granted a license for each gaming machine.
F. A gaming operator licensee seeking renewal of his license shall submit to the board and to the department of health an updated compulsive gambler plan annually at the time of each license renewal request. A license shall not be renewed until the compulsive gambler plan is approved by the department of health. The department of health shall notify the gaming operator licensee and the board of the approval or rejection of the compulsive gambler plan within sixty days from the date of receipt of the plan by the department of health or the plan is deemed approved.
[D.] G. A gaming operator licensee who desires to change the number of machines in operation at a gaming establishment shall apply to the board for an amendment to his license authorizing a change in the number of machines.
[E.] H. Gaming machines may be available for play only in an area restricted to persons twenty-one years of age or older.
[F.] I. A gaming operator licensee shall erect a permanent physical barrier to allow for multiple uses of the premises by persons of all ages. For purposes of this subsection, "permanent physical barrier" means a floor-to-ceiling wall separating the general areas from the restricted areas. The entrance to the area where gaming machines are located shall display a sign that the premises are restricted to persons twenty-one years of age or older. Persons under the age of twenty-one shall not enter the area where gaming machines are located.
[G.] J. A gaming operator licensee shall not have automated teller machines in the area restricted pursuant to Subsection [F] I of this section.
[H.] K. A gaming operator licensee shall not provide, allow, contract or arrange to provide alcohol or food for no charge or at reduced prices as an incentive or enticement for patrons to game.
[I.] L. Only a racetrack licensed by the state racing commission or a nonprofit organization may apply for or be issued a gaming operator's license. No other persons are qualified to apply for or be issued a gaming operator's license pursuant to the Gaming Control Act."
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