0001| SENATE BILL 607
|
0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
|
0003| 1996
|
0004| INTRODUCED BY
|
0005| BEN D. ALTAMIRANO
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| AN ACT
|
0012| RELATING TO GAMBLING; PROVIDING FOR CERTAIN CHARITABLE GAMBLING
|
0013| ACTIVITIES AND THE REGULATION OF THOSE ACTIVITIES; MAKING AN
|
0014| APPROPRIATION; AMENDING, REPEALING AND ENACTING SECTIONS OF THE
|
0015| NMSA 1978.
|
0016|
|
0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0018| Section 1. Section 60-2B-1 NMSA 1978 (being Laws 1981,
|
0019| Chapter 259, Section 1) is amended to read:
|
0020| "60-2B-1. SHORT TITLE.--[This act] Chapter 60, Article
|
0021| 2B NMSA 1978 may be cited as the ["Bingo and Raffle Act"]
|
0022| "Charitable Gaming Act"."
|
0023| Section 2. Section 60-2B-2 NMSA 1978 (being Laws 1981,
|
0024| Chapter 259, Section 2) is amended to read:
|
0025| "60-2B-2. FINDINGS--PURPOSE OF ACT.--
|
0001| A. The legislature finds that:
|
0002| (1) lack of economic growth and lack of growth
|
0003| in job opportunities continue to affect New Mexicans adversely
|
0004| and limit the expansion of the tax base and the state's ability
|
0005| to increase tax revenues;
|
0006| (2) there is a continuing and expanding need
|
0007| for more social services in New Mexico;
|
0008| (3) in times of slow economic growth or
|
0009| economic contraction, tax revenues are not available to provide
|
0010| programs to assist those New Mexicans who fall through the
|
0011| safety net;
|
0012| (4) nonprofit institutions are a major source
|
0013| of assistance for needy people who do not receive state or
|
0014| federal public assistance;
|
0015| (5) nonprofit institutions must be afforded
|
0016| every opportunity to raise funds for the purpose of caring for
|
0017| elderly, infirm, sick and indigent persons, veterans and victims
|
0018| of broken families; and
|
0019| (6) to the extent that care is provided by
|
0020| private charities, the burden on the taxpayer is less and the
|
0021| care may be provided without many burdensome governmental
|
0022| restrictions.
|
0023| B. The [purpose] purposes of the [Bingo and
|
0024| Raffle] Charitable Gaming Act [is] are to:
|
0025| (1) make lawful and regulate the conducting
|
0001| of certain games of chance by certain nonprofit organizations;
|
0002| (2) prevent organized crime from influencing
|
0003| charitable gaming; and
|
0004| (3) provide maximum opportunity for charitable
|
0005| fundraising, ensure proper accounting and administration of such
|
0006| fundraising."
|
0007| Section 3. Section 60-2B-3 NMSA 1978 (being Laws 1981,
|
0008| Chapter 259, Section 3, as amended) is repealed and a new
|
0009| Section 60-2B-3 NMSA 1978 is enacted to read:
|
0010| "60-2B-3. [NEW MATERIAL] DEFINITIONS.--As used in the
|
0011| Charitable Gaming Act:
|
0012| A. "active member" means an individual who has
|
0013| qualified for membership in a qualified organization pursuant to
|
0014| its charter, articles of incorporation, bylaws, rules or other
|
0015| written document;
|
0016| B. "adjusted gross income" means all gross income
|
0017| derived from the operation of games of chance pursuant to the
|
0018| Charitable Gaming Act after prizes paid to winners, including an
|
0019| accrual for progressive games, have been deducted;
|
0020| C. "alternate game manager" means a person who is
|
0021| twenty-one years of age or older and has been an active member
|
0022| in good standing of a qualified organization for at least six
|
0023| months prior to making application for the alternate game
|
0024| manager position and who has never been convicted of a felony;
|
0025| D. "assistant game manager" means a person who is
|
0001| twenty-one years of age or older and has been an active member
|
0002| in good standing of a qualified organization for at least six
|
0003| months immediately prior to making application for the assistant
|
0004| game manager position and who has never been convicted of a
|
0005| felony;
|
0006| E. "authorized fundraising expense" means an expense
|
0007| authorized by the Charitable Gaming Act in conjunction with the
|
0008| operation of games of chance under that act;
|
0009| F. "bingo" means a game of chance played on paper
|
0010| cards, rigid cards or through the utilization of an electronic,
|
0011| computer or other technological aids displays;
|
0012| G. "building lessor" means any person owning or
|
0013| operating a building that is rented, leased or used by qualified
|
0014| organizations licensed under the Charitable Gaming Act for the
|
0015| conduct of authorized games of chance. Building lessors may
|
0016| rent or lease equipment only to tenants of the rented or leased
|
0017| premises;
|
0018| H. "care organization" means any qualified
|
0019| organization within the state, not organized for pecuniary
|
0020| profit, whose primary purpose is the care of children, the aged
|
0021| and infirm or the mentally or physically handicapped, primary
|
0022| care for the destitute and homeless, assistance to youth,
|
0023| instruction or assistance in combating drugs or disease,
|
0024| assistance to battered and abused men, women or children or any
|
0025| other assistance to the needy;
|
0001| I. "charitable organization" means any qualified
|
0002| organization within the state, not organized for pecuniary
|
0003| profit, that is operated for the relief of poverty, distress or
|
0004| other condition of public concern;
|
0005| J. "chartered branch, post, lodge or chapter of a
|
0006| national or state organization" means any qualified branch,
|
0007| post, lodge or chapter that is a civic or service organization,
|
0008| not organized for pecuniary profit and authorized by its written
|
0009| constitution, charter, articles of incorporation or bylaws to
|
0010| engage in a fraternal, civic or service purpose;
|
0011| K. "deal" for the purpose of electronic pull tab
|
0012| gaming or paper pull tab gaming, means a finite number of plays
|
0013| or tickets having a predetermined number of winners and losers,
|
0014| so that the selection by a player of a winning play or ticket
|
0015| reduces the total pool of winning plays or tickets available;
|
0016| L. "drawing or door prize" means a prize awarded by
|
0017| random selection of admission slips or similar means, for which
|
0018| no additional consideration has been paid, which prize is not
|
0019| included in the total prizes paid on each session by the
|
0020| licensee;
|
0021| M. "distributor" means a person who rents, leases,
|
0022| sells, offers for sale or otherwise furnishes to any person
|
0023| gaming materials or supplies for use in the conduct of any game
|
0024| of chance;
|
0025| N. "double session" means two sessions played
|
0001| consecutively by the same qualified organization;
|
0002| O. "educational organization" means any qualified
|
0003| organization within the state, not organized for pecuniary
|
0004| profit, whose primary purpose is educational in nature and that
|
0005| is designed to develop the capabilities of individuals through
|
0006| instruction;
|
0007| P. "electronic pull tab gaming" means gaming on any
|
0008| electronic pull tab machine;
|
0009| Q. "electronic pull tab machine" means any pull tab
|
0010| machine that is electronically operated and uses any number,
|
0011| letter or symbol, or combination of numbers, letters or symbols,
|
0012| to play a pull tab game. The electronic pull tab machine shall
|
0013| not dispense cash payments. The machine will be configured to
|
0014| allow the player to insert cash into the machine and the cash
|
0015| will be converted into credits of equal value. The player may
|
0016| activate the machine to display numbers, letters or symbols, or
|
0017| a combination or sequence of numbers, letters or symbols, to
|
0018| display the winning or losing plays. Each play reduces the
|
0019| number of credits. A winning play will award additional
|
0020| credits. The player may redeem the credit balance for cash at
|
0021| any time or may choose to continue to play on the same machine.
|
0022| At the end of play on the machine, the machine will produce a
|
0023| "valid credit voucher", which shall be redeemed by the qualified
|
0024| organization. Each play is subtracted or deducted from the deal
|
0025| until the deal is exhausted. The electronic pull tab machine
|
0001| shall be capable of providing remote dial-up access by the
|
0002| licensing authority to monitor the following:
|
0003| (1) the name of the qualified organization;
|
0004| (2) the location of the machine;
|
0005| (3) the time of day in hours and minutes in
|
0006| which the machine is in play;
|
0007| (4) the machine serial number;
|
0008| (5) the serial number of the deal in play; and
|
0009| (6) the size of the deal;
|
0010| R. "environmental organization" means any qualified
|
0011| organization, not organized for pecuniary profit, primarily
|
0012| concerned with the protection and preservation of the natural
|
0013| environment;
|
0014| S. "equipment" means, with respect to bingo and pull
|
0015| tabs, the receptacle and numbered objects drawn from it; the
|
0016| master board upon which such objects are placed; the cards
|
0017| bearing numbers or other designations to be covered; the boards
|
0018| or signs, however operated, used to announce or display the
|
0019| numbers or designations as they are drawn; television monitors;
|
0020| tables and chairs; public address systems; and electronic,
|
0021| computer or other technologic aids or displays, including master
|
0022| programs, controllers and machines to display electronic bingo
|
0023| and pull tabs. "Equipment" includes all other similar articles
|
0024| essential to the operation of bingo or pull tabs, but it does
|
0025| not include gaming materials or supplies;
|
0001| T. "fraternal organization" means any qualified
|
0002| organization within this state, except for college and high
|
0003| school fraternities, not organized for pecuniary profit, that is
|
0004| a chartered branch, post, lodge or chapter of a national or
|
0005| state organization and exists for the common business,
|
0006| brotherhood or other interests of its members;
|
0007| U. "game manager" means a person who is twenty-one
|
0008| years of age or older and has been an active member in good
|
0009| standing of a qualified organization for at least six months
|
0010| immediately prior to making application for the game manager
|
0011| position and who has never been convicted of a felony;
|
0012| V. "game of chance" means:
|
0013| (1) bingo;
|
0014| (2) pull tabs, jar raffles or electronic pull
|
0015| tab gaming;
|
0016| (3) raffles;
|
0017| (4) drawings;
|
0018| (5) door prizes; or
|
0019| (6) video bingo;
|
0020| W. "gaming materials and supplies" means:
|
0021| (1) bingo sheets, commonly referred to as
|
0022| "paper" or "specials", or hard cards bearing numbers or other
|
0023| designations to be covered and the daubers or markers used to
|
0024| cover them;
|
0025| (2) gaming programs that are periodically
|
0001| completed and replaced;
|
0002| (3) software for generating plays for
|
0003| electronic pull tab gaming; or
|
0004| (4) pull tabs or jar raffle cards, whether of
|
0005| paper or cardboard construction, with one or more tabs that may
|
0006| be pulled off as opened or with seals that may be broken to
|
0007| uncover a series of numbers, figures or symbols that by their
|
0008| arrangement indicate either a winning or losing combination of
|
0009| numbers, figures or symbols;
|
0010| X. "immediate family" means a person's spouse or
|
0011| children;
|
0012| Y. "labor organization" means any qualified
|
0013| organization, not organized for pecuniary profit, within this
|
0014| state that exists for the purpose, in whole or in part, of
|
0015| dealing with employers concerning grievances, labor disputes,
|
0016| wages, rates of pay, hours of employment or conditions of work;
|
0017| Z. "licensee" means any qualified organization,
|
0018| distributor or building lessor to which a license has been
|
0019| issued by the licensing authority;
|
0020| AA. "licensing authority" means the regulation and
|
0021| licensing department;
|
0022| BB. "minor" means any individual less than twenty-
|
0023| one years of age;
|
0024| CC. "person" means a natural person, firm, limited
|
0025| liability company, partnership, joint venture, association,
|
0001| corporation or other legal entity;
|
0002| DD. "premises" means any building, room, hall,
|
0003| enclosure or outdoor area used for the purpose of playing a game
|
0004| of chance, including a multi-user building in which more than
|
0005| one licensee operates games of chance;
|
0006| EE. "progressive bingo" means bingo played and
|
0007| structured in a way that no more than five hundred dollars
|
0008| ($500) per session may be contributed to a fund or account that
|
0009| accumulates until a player wins the accumulated amount;
|
0010| FF. "qualified organization" means any entity within
|
0011| the state, not organized for pecuniary profit, that has been so
|
0012| engaged for two years immediately prior to making application
|
0013| for license under the Charitable Gaming Act and that has been
|
0014| granted an exemption from federal income taxation by the United
|
0015| States commissioner of internal revenue as an organization
|
0016| described in Section 501 of the United States Internal Revenue
|
0017| Code of 1986;
|
0018| GG. "raffle" means the selling of tickets or similar
|
0019| products with winners to be determined by a drawing of tickets
|
0020| on a random basis for predetermined prizes;
|
0021| HH. "religious organization" means any qualified
|
0022| organization that is a church, body of communicants or group,
|
0023| not organized for pecuniary profit, gathered in common
|
0024| membership for mutual support and edification in piety, worship
|
0025| and religious observances or a society, not for pecuniary
|
0001| profit, of individuals united for religious purposes at a
|
0002| definite place;
|
0003| II. "session" or "occasion" means a single gathering
|
0004| at which a series of successive bingo games are played;
|
0005| JJ. "veterans' organization" means any qualified
|
0006| organization within the state or any branch, post, lodge or
|
0007| chapter of a national or state organization within the state,
|
0008| not organized for pecuniary profit, the membership of which
|
0009| consists of individuals who were members of the armed services
|
0010| or forces of the United States;
|
0011| KK. "video bingo" means any bingo game utilizing a
|
0012| computer-generated card image to display and track numbers and
|
0013| letters as they are called; and
|
0014| LL. "voluntary firemen's organization" means any
|
0015| qualified organization for firefighting within the state, not
|
0016| organized for pecuniary profit, established by the state or any
|
0017| of its political subdivisions."
|
0018| Section 4. Section 60-2B-4 NMSA 1978 (being Laws 1981,
|
0019| Chapter 259, Section 4, as amended) is amended to read:
|
0020| "60-2B-4. LICENSING AUTHORITY--POWERS--DUTIES.--
|
0021| A. The regulation and licensing department is
|
0022| designated as the "licensing authority" of the [Bingo and
|
0023| Raffle] Charitable Gaming Act. The superintendent of
|
0024| regulation and licensing is the executive in charge of enforce-
|
0025| ment of the terms and provisions of that act and, as the state
|
0001| licensing authority, has the powers and duties as follows:
|
0002| (1) to grant or refuse licenses under the
|
0003| [Bingo and Raffle] Charitable Gaming Act [In addition, the
|
0004| licensing authority has the power, on its own motion based on
|
0005| reasonable grounds or on complaint made and after investigation
|
0006| by the special investigations division of the public safety
|
0007| department and public hearing at which the licensee shall be
|
0008| afforded an opportunity to be heard, to assess administrative
|
0009| fines to the licensee and to suspend or revoke any license
|
0010| issued by the licensing authority for any violation by the
|
0011| licensee or any officer, director, agent, member or employee of
|
0012| the licensee of the provisions of that act or any rule or
|
0013| regulation authorized under that act. Notice of suspension or
|
0014| revocation, as well as notice of the hearing, shall be given by
|
0015| certified mail to the licensee at the address contained in the
|
0016| license. Any license may be temporarily suspended for a period
|
0017| not to exceed thirty days pending any prosecution, investigation
|
0018| or public hearing];
|
0019| (2) to supervise the administration of the
|
0020| [Bingo and Raffle] Charitable Gaming Act and to adopt, amend
|
0021| and repeal rules and regulations governing the [holding,
|
0022| operating and conducting] operation of games of chance, the
|
0023| rental of premises and the purchase of equipment to the end that
|
0024| games of chance shall be held, operated and conducted only by
|
0025| licensees for the purposes and in conformity with the
|
0001| constitution of New Mexico and the provisions of that act;
|
0002| (3) to hear and determine at public hearings
|
0003| all complaints against any licensee and to administer oaths and
|
0004| issue subpoenas to require the presence of persons and
|
0005| production of papers, books and records necessary to the
|
0006| determination of any hearing so held;
|
0007| (4) to keep records of all actions and
|
0008| transactions of the licensing authority;
|
0009| (5) to assess administrative fines on a
|
0010| licensee and to suspend or revoke any license issued by the
|
0011| licensing authority for any violation by the licensee or any
|
0012| officer, director, agent, member or employee of the licensee of
|
0013| any provision of the Charitable Gaming Act or any rule or
|
0014| regulation authorized under that act;
|
0015| [(5)] (6) to prepare and transmit annually,
|
0016| in the form and manner prescribed by the licensing authority
|
0017| pursuant to the provisions of law, a report accounting to the
|
0018| governor and the legislature for the efficient discharge of all
|
0019| responsibilities assigned by law or directive to the licensing
|
0020| authority; and
|
0021| [(6)] (7) to issue publications of the
|
0022| licensing authority intended for circulation in quantity outside
|
0023| the executive branch in accordance with fiscal rules promulgated
|
0024| by the licensing authority.
|
0025| B. Proceedings brought against a licensee for a
|
0001| violation of the [Bingo and Raffle] Charitable Gaming Act
|
0002| shall be brought by the licensing authority by serving, in the
|
0003| manner provided in the rules of civil procedure, a complaint
|
0004| upon the licensee and notifying the licensee of the place and
|
0005| date, not less than twenty days after the date of service, at
|
0006| which a hearing shall be held. The complaint shall set forth,
|
0007| in the manner of complaints in civil action, the violations of
|
0008| the [Bingo and Raffle] Charitable Gaming Act or the rules
|
0009| and regulations of the licensing authority [which] that the
|
0010| licensing authority alleges the licensee has committed. The
|
0011| licensing authority [or the public safety department] may
|
0012| [stop] halt the operation of a game of chance pending
|
0013| hearing, [in which case the hearing shall be held within ten
|
0014| days after notice] pursuant to rules and regulations adopted
|
0015| pursuant to the Administrative Procedures Act.
|
0016| C. The licensing authority shall cause the notice of
|
0017| hearing to be served personally upon an officer of the licensee
|
0018| or the [member in charge of the conduct of the game of chance]
|
0019| game manager or to be sent by registered or certified mail to
|
0020| the licensee at the address shown in the license.
|
0021| D. When proceedings are brought against a licensee
|
0022| for a violation of the [Bingo and Raffle] Charitable Gaming
|
0023| Act, the licensing authority shall hear the matter and make
|
0024| written findings in support of its decision. The licensee shall
|
0025| be informed immediately of the decision and, in the event of a
|
0001| suspension or revocation, the effective date of the suspension
|
0002| or revocation.
|
0003| E. For petty violations by a licensee of the
|
0004| Charitable Gaming Act, the licensing authority may assess an
|
0005| administrative fine not to exceed one hundred dollars ($100) per
|
0006| violation. The superintendent of regulation and licensing shall
|
0007| adopt regulations defining what constitutes petty violations.
|
0008| [E.] F. For the first violation by a licensee of
|
0009| the [Bingo and Raffle] Charitable Gaming Act the licensing
|
0010| authority may assess an administrative fine of not to exceed
|
0011| [one thousand dollars ($1,000)] two hundred fifty dollars
|
0012| ($250). For a second or subsequent violation by the licensee
|
0013| of that act, for other than a petty violation, the licensing
|
0014| authority may assess an administrative fine of not to exceed two
|
0015| thousand five hundred dollars ($2,500) [The amount of the
|
0016| administrative fine shall be determined by the severity and
|
0017| nature of the violation of the Bingo and Raffle Act and by the
|
0018| number of prior violations of that act] and suspension of
|
0019| license in accordance with rules and regulations to be adopted
|
0020| by the licensing authority.
|
0021| G. For violation of the provisions of the
|
0022| Charitable Gaming Act or any regulation promulgated pursuant to
|
0023| that act, no suspension or revocation shall take place until the
|
0024| licensee has been given written notice of the violation and
|
0025| proposed penalty and provided a reasonable period of time to
|
0001| cure or correct the violation.
|
0002| [F.] H. When a license is ordered suspended or
|
0003| revoked, the licensee shall surrender the license to the
|
0004| licensing authority on or before the effective date of the
|
0005| suspension or revocation. No license is valid beyond the
|
0006| effective date of the suspension or revocation, whether
|
0007| surrendered or not.
|
0008| [G.] I. Upon [the finding of a violation of the
|
0009| Bingo and Raffle Act or the rules and regulations, or both, that
|
0010| would warrant the suspension or] revocation of a license, the
|
0011| licensing authority, in addition to any other penalties
|
0012| [which] that may be imposed, may declare the violator
|
0013| ineligible to conduct a game of chance and to apply for a li-
|
0014| cense under [that] the Charitable Gaming Act for a period
|
0015| not exceeding [twelve] twenty-four months. The declaration
|
0016| of ineligibility may be extended to include, in addition to the
|
0017| violator, any of its subsidiary organizations, its parent
|
0018| organization or an organization otherwise affiliated with the
|
0019| violator when, in the opinion of the licensing authority, the
|
0020| circumstances of the violation warrant that action.
|
0021| [H.] J. Upon receipt by a licensee of a
|
0022| complaint signed by the licensing authority and notice of a
|
0023| hearing, the licensee shall answer, in the manner of civil
|
0024| actions, the complaint and inform the licensing authority
|
0025| whether oral argument is desired and whether the licensee
|
0001| desires to produce witnesses.
|
0002| [I.] K. At the request of any party and for good
|
0003| cause shown, the licensing authority or the department of
|
0004| public safety [department] shall issue subpoenas for the
|
0005| attendance of witnesses and the production of books, records and
|
0006| other documents [but in no case shall a subpoena be made
|
0007| returnable more than five days after service].
|
0008| [J.] L. Whenever oral testimony of witnesses is
|
0009| taken at the hearing, the licensing authority [or], the
|
0010| department of public safety [department shall have] or the
|
0011| licensee may request, at the expense of the requesting party, a
|
0012| certified reporter to be present to prepare a record of the
|
0013| proceedings. The original transcript shall be [filed with the
|
0014| licensing authority] the property of the party paying for the
|
0015| record. Any party is entitled to secure a copy from the
|
0016| reporter at his own expense.
|
0017| [K.] M. Hearings may be convened by the
|
0018| licensing authority from time to time at the request of any
|
0019| party, but only for good cause shown. Hearings shall be held
|
0020| and concluded with reasonable dispatch and without unnecessary
|
0021| delay. The licensing authority shall decide any matter within
|
0022| thirty days of the hearing.
|
0023| [L.] N. Upon the determination of any matter
|
0024| heard, the licensing authority shall state its findings. All
|
0025| parties shall be notified by the licensing authority of the
|
0001| action of the licensing authority and shall be furnished a copy
|
0002| of the findings.
|
0003| [M.] O. Licensees and applicants for a license
|
0004| or the licensee may be represented by counsel.
|
0005| [N.] P. Any person appearing before the
|
0006| licensing authority in a representative capacity shall be
|
0007| required to show his authority to act in that capacity.
|
0008| [O.] Q. No person shall be excused from
|
0009| testifying or producing any book or document pertaining to the
|
0010| charges made in any investigation or hearing when ordered to do
|
0011| so by the licensing authority upon the ground that testimony or
|
0012| documentary evidence required of him may tend to incriminate or
|
0013| subject him to penalty or forfeiture, but no [person may be
|
0014| prosecuted, punished or subjected to any penalty or forfeiture
|
0015| on account of any matter or thing concerning which he, under
|
0016| oath, testified or produced documentary evidence] person's
|
0017| testimony or production of any book or document may be used in a
|
0018| criminal proceeding, except that he shall not be exempt from
|
0019| prosecution or punishment for any perjury committed by him in
|
0020| his testimony.
|
0021| [P.] R. If a person subpoenaed to attend in any
|
0022| investigation or hearing fails to obey the command of the
|
0023| subpoena without reasonable cause or if a person in attendance
|
0024| in any investigation or hearing refuses, without lawful cause,
|
0025| to be examined or to answer a legal or pertinent question or to
|
0001| exhibit any book, account, record or other document pertaining
|
0002| directly to the investigation when ordered to do so by the
|
0003| representative of the licensing authority holding the hearing or
|
0004| by the department of public safety [department] performing
|
0005| the investigation, the licensing authority or the department
|
0006| of public safety [department] may apply to any judge of the
|
0007| district court, upon proof by affidavit of the facts, for an
|
0008| order returnable in not less than five nor more than ten days
|
0009| directing the person to show cause before the judge why he
|
0010| should not comply with the subpoena or order.
|
0011| [Q.] S. Upon return of the order, the judge
|
0012| before whom the matter comes for hearing shall examine the
|
0013| person under oath. If the judge determines after giving the
|
0014| person an opportunity to be heard that he refused without lawful
|
0015| excuse to comply with the subpoena or the order of the licensing
|
0016| authority or the department of public safety [department]
|
0017| holding the investigation, the judge may order the person to
|
0018| comply with the subpoena or order forthwith, and any failure to
|
0019| obey the order of the judge may be punished as a contempt of the
|
0020| district court.
|
0021| [R.] T. Every witness is entitled to be paid for
|
0022| attendance or attendance and travel by the party on whose behalf
|
0023| he is subpoenaed, at the rates prescribed by law for witnesses
|
0024| in the district court, before being required to testify.
|
0025| [S.] U. The decision of the licensing authority
|
0001| [in suspending or revoking] to suspend or revoke any license
|
0002| under the [Bingo and Raffle] Charitable Gaming Act shall be
|
0003| subject to review. Any licensee aggrieved by a decision, within
|
0004| thirty days after [receipt of a copy] entry of the order of
|
0005| the licensing authority, may file a petition in the district
|
0006| court. [of Santa Fe county. That] The court has ju-
|
0007| risdiction, after notice to the licensing authority, to hear and
|
0008| determine the petition and to affirm, reverse, vacate or modify
|
0009| the order of the licensing authority complained of if, upon con-
|
0010| sideration of the record, the court is of the opinion that the
|
0011| order was unlawful or unreasonable.
|
0012| [T.] V. Upon any petition being filed, a copy
|
0013| shall be served upon the licensing authority by delivery of a
|
0014| copy to the licensing authority. [In the petition, the
|
0015| petitioner shall be denominated as respondent.] The petition
|
0016| shall set forth the errors complained of.
|
0017| [U.] W. Upon service of a petition, the
|
0018| licensing authority, within twenty days or within such further
|
0019| time as the court may grant, shall file an answer to the
|
0020| petition in the office of the clerk of the court. With its
|
0021| answer, the licensing authority shall file a transcript of the
|
0022| records and orders of the licensing authority and a transcript
|
0023| of all papers and of all evidence adduced upon the hearing be-
|
0024| fore the licensing authority in the proceedings complained of.
|
0025| The
|
0001| court shall hear and determine the matter upon the petition,
|
0002| answer and transcripts.
|
0003| [V.] X. No proceeding to vacate, reverse or
|
0004| modify any final order rendered by the licensing authority shall
|
0005| operate to stay the execution or effect of any final order
|
0006| unless the district court, on application and three days' notice
|
0007| to the licensing authority, allows the stay. In the event a
|
0008| stay is ordered, the petitioner shall be required to execute his
|
0009| bond in a sum the court may prescribe, with sufficient surety to
|
0010| be approved by the judge or clerk of the court, which bond shall
|
0011| be conditioned upon the faithful performance by the petitioner
|
0012| of his obligation as a licensee and upon the prompt payment of
|
0013| all damages arising from or caused by the delay in the taking
|
0014| effect or enforcement of the order complained of and for all
|
0015| costs that may be assessed or required to be paid in connection
|
0016| with the proceedings."
|
0017| Section 5. Section 60-2B-5 NMSA 1978 (being Laws 1981,
|
0018| Chapter 259, Section 5) is repealed and a new Section 60-2B-5
|
0019| NMSA 1978 is enacted to read:
|
0020| "60-2B-5. [NEW MATERIAL] AUTHORITY OF THE DEPARTMENT OF
|
0021| PUBLIC SAFETY.--The department of public safety has authority
|
0022| over all investigations and enforcement activities required
|
0023| pursuant to the Charitable Gaming Act, except for those
|
0024| provisions relating to the issuance, denial, suspension or
|
0025| revocation of licenses unless its assistance is requested by the
|
0001| superintendent of regulation and licensing."
|
0002| Section 6. Section 60-2B-6 NMSA 1978 (being Laws 1981,
|
0003| Chapter 259, Section 6) is repealed and a new Section 60-2B-6
|
0004| NMSA 1978 is enacted to read:
|
0005| "60-2B-6. [NEW MATERIAL] ORGANIZATIONS ENTITLED TO
|
0006| LICENSES--FEES.--
|
0007| A. The licenses provided under the Charitable Gaming
|
0008| Act shall be issued by the licensing authority to applicants
|
0009| qualified under that act upon payment of a fee as follows for:
|
0010| (1) bingo and pull tabs, including machines,
|
0011| five hundred dollars ($500);
|
0012| (2) raffle, one hundred fifty dollars ($150);
|
0013| (3) distributor, five thousand dollars
|
0014| ($5,000); and
|
0015| (4) building lessor, five hundred dollars
|
0016| ($500).
|
0017| B. The licenses shall expire at the end of the
|
0018| calendar year in which they are issued by the licensing
|
0019| authority and may be renewed by the licensing authority upon the
|
0020| filing of an application for renewal provided by the licensing
|
0021| authority and the payment of a fee in accordance with the
|
0022| schedule in Subsection A of this section. No license or renewal
|
0023| granted under the Charitable Gaming Act shall be transferable.
|
0024| C. No licensee shall be eligible to have more than
|
0025| one charitable gaming license of the same type, and no bingo,
|
0001| pull tab or raffle licensee shall have more than one licensed
|
0002| gaming location, except that a fraternal or any organization
|
0003| defined in Subsection J, T or KK of Section 60-2B-3 NMSA 1978,
|
0004| or a veterans' organization operating under a national or state
|
0005| charter, may apply for a separate pull tab license, including
|
0006| electronic finite pull tab machines, for its post, chapter or
|
0007| club but only if that post, chapter or club is restricted to
|
0008| members and guests of the licensed organization. This does not
|
0009| preclude the auxiliary of the licensee, if the licensing
|
0010| requirements have been met, from applying for and receiving a
|
0011| license to operate games of chance under the provisions of the
|
0012| Charitable Gaming Act.
|
0013| D. Except as otherwise provided in Section 60-2B-7
|
0014| NMSA 1978, no bingo, pull tab or raffle licensee shall lease,
|
0015| rent or purchase any gaming materials, supplies or equipment,
|
0016| including electronic aids, from any source, except a distributor
|
0017| licensed under the Charitable Gaming Act.
|
0018| E. When an amendment is made to a license, a fee of
|
0019| twenty-five dollars ($25.00) shall be remitted to the licensing
|
0020| authority prior to the acceptance of the amendment.
|
0021| F. The revenue collected from all fees is
|
0022| appropriated to the licensing department to be used for the
|
0023| administration of the Charitable Gaming Act only."
|
0024| Section 7. Section 60-2B-7 NMSA 1978 (being Laws 1981,
|
0025| Chapter 259, Section 7) is repealed and a new Section 60-2B-7
|
0001| NMSA 1978 is enacted to read:
|
0002| "60-2B-7. [NEW MATERIAL] APPLICATION FOR GAMING
|
0003| LICENSES.--
|
0004| A. Each applicant for a bingo, pull tab or raffle
|
0005| license to be issued under the provisions of this section shall
|
0006| file with the licensing authority a written application in the
|
0007| form prescribed by the licensing authority, duly executed and
|
0008| verified, and in which shall be included:
|
0009| (1) the name and address of the applicant;
|
0010| (2) except for a veterans' organization, a
|
0011| state charter or other similar evidences evidencing that the
|
0012| organization has been in existence in the state for two
|
0013| consecutive years prior to making application under the
|
0014| Charitable Gaming Act;
|
0015| (3) a certificate of good standing current to
|
0016| within sixty days of the date of application;
|
0017| (4) if the organization is a veterans'
|
0018| organization or a chartered branch, post, lodge or chapter of a
|
0019| national or state organization, a copy of the national or state
|
0020| roster that evidences all branches, posts, lodges or chapters in
|
0021| good standing shall suffice as a written application if the
|
0022| branch, post, lodge or chapter has been in continuous operation
|
0023| for a period of not less than two years immediately prior to
|
0024| making application under the Charitable Gaming Act;
|
0025| (5) a letter of exemption from the internal
|
0001| revenue service evidencing that the applying organization has
|
0002| been granted a federal tax exemption under one or more of the
|
0003| sections of the Internal Revenue Code of 1986, except for those
|
0004| organizations qualifying under Paragraph (4) of this subsection;
|
0005| (6) a notarized statement from the applying
|
0006| organization signed by its chief executive officer and by its
|
0007| treasurer or chief financial officer stating that all net
|
0008| profits derived from the operation of any games of chance under
|
0009| the Charitable Gaming Act after those profits have been paid
|
0010| over to its general, corporate or operating account shall be
|
0011| utilized in compliance with Section 501 of the Internal Revenue
|
0012| Code of 1986, and with all the rules and regulations promulgated
|
0013| under that section under which the letter of exemption has been
|
0014| granted to the organization;
|
0015| (7) if an exemption from federal taxes is
|
0016| acquired through a national or state organization, or a diocese
|
0017| or similar governing body in the case of a church or religious
|
0018| organization, a copy of that exemption and sufficient data to
|
0019| show that exemption extends to the applying organization, except
|
0020| for those organizations qualifying under Paragraph (4) of this
|
0021| subsection;
|
0022| (8) any additional information required by the
|
0023| licensing authority relating to the organization to prove to the
|
0024| licensing authority that it is a qualified organization;
|
0025| (9) the names and addresses of the applying
|
0001| organization's officers;
|
0002| (10) a listing of the membership of the
|
0003| organization;
|
0004| (11) the specific kind of games of chance
|
0005| intended to be operated by the applying organization under the
|
0006| license applied for; and
|
0007| (12) the place where the games of chance are
|
0008| intended to be operated by the applying organization under the
|
0009| license applied for, and, if the premises are to be rented or
|
0010| leased, a copy of the lease specifying rental rates for the
|
0011| building and equipment.
|
0012| B. In each application, there shall be members
|
0013| designated to operate the games of chance for which application
|
0014| is being made, and those members shall have been active members
|
0015| of the applying organization for no less than six months prior
|
0016| to the application being made by the applying organization.
|
0017| These designated persons shall be the game manager, the
|
0018| assistant game manager and the alternate game manager. The
|
0019| alternate game manager is authorized to act as the member in
|
0020| charge only in the absence of the game manager and assistant
|
0021| game manager. Attached to the application shall be a statement
|
0022| executed by the applicant, the game manager, the assistant game
|
0023| manager and the alternate game manager stating that they will be
|
0024| responsible for the operation of games of chance in accordance
|
0025| with the terms of the license and provisions of the Charitable
|
0001| Gaming Act.
|
0002| C. If any officer or pastor of the applicant
|
0003| organization is submitted as game manager, assistant game
|
0004| manager or alternate game manager, the executive committee,
|
0005| board of directors or primary governing body of the applicant
|
0006| organization shall submit a statement, duly signed by all
|
0007| members of the governing body, authorizing those officers to be
|
0008| so appointed and stating that all proceeds from operating games
|
0009| of chance under the Charitable Gaming Act shall be utilized in
|
0010| compliance with Section 501 of the Internal Revenue Code of 1986
|
0011| and with the provisions of the charter of the applying
|
0012| organization."
|
0013| Section 8. A new Section 60-2B-7.1 NMSA 1978 is enacted to
|
0014| read:
|
0015| "60-2B-7.1. [NEW MATERIAL] DISPLAY OF LICENSE.--Each
|
0016| license issued for the conduct of any games of chance shall be
|
0017| conspicuously displayed at all times during the conduct of the
|
0018| games and for at least thirty minutes after the last game has
|
0019| been concluded or after the premises have been vacated,
|
0020| whichever comes first."
|
0021| Section 9. Section 60-2B-8 NMSA 1978 (being Laws 1981,
|
0022| Chapter 259, Section 8) is amended to read:
|
0023| "60-2B-8. PERSONS PERMITTED TO CONDUCT GAMES--PREMISES--EQUIPMENT--EXPENSES [COMPENSATION].--
|
0024| A. No person shall [hold] operate [or conduct]
|
0025| any [games] game of chance under any license issued under
|
0001| the [Bingo and Raffle] Charitable Gaming Act except [an
|
0002| active member of the organization to which the license is
|
0003| issued, and no person shall assist in the holding, operating or
|
0004| conducting of any games of chance under that license except an
|
0005| active member or a member of an organization or association
|
0006| which is an auxiliary to the licensee, a member of an
|
0007| organization or association of which the licensee is an
|
0008| auxiliary or a member of an organization or association which is
|
0009| affiliated with the licensee by being, with it, auxiliary to
|
0010| another organization or association and except bookkeepers or
|
0011| accountants as provided in this section. No item of expense
|
0012| shall be incurred or paid in connection with the holding,
|
0013| operating or conducting of any game of chance held, operated or
|
0014| conducted pursuant to any license issued under that act except
|
0015| bona fide expenses in reasonable amount for goods, wares and
|
0016| merchandise furnished or services rendered, reasonably necessary
|
0017| for the holding, operating or conducting thereof. No games of
|
0018| chance shall be conducted with any equipment except that which
|
0019| is owned or leased by the licensee] the game manager,
|
0020| assistant game manager or alternate game manager.
|
0021| B. The [officers] governing body of a licensee
|
0022| shall designate [a bona fide] three active [member]
|
0023| members of the licensee, [to] any of whom shall be in
|
0024| charge of and primarily responsible for the conduct of the
|
0025| games of [bingo or lotto on] chance in each [occasion]
|
0001| session. The [member in charge] game manager, assistant
|
0002| game manager or alternate game manager shall supervise all
|
0003| activities [on the occasion] for the session for which he is
|
0004| in charge and be responsible for the making of the required
|
0005| report. The member in charge shall be familiar with the
|
0006| provisions of the state laws, the rules and regulations of the
|
0007| licensing authority and the provisions of the license. He shall
|
0008| be present on the premises continuously during the games and for
|
0009| a period of at least thirty minutes after the last game
|
0010| [C. The officers of a licensee shall designate an
|
0011| officer to be in full charge and primarily responsible for the
|
0012| proper utilization of the entire net proceeds of any game in
|
0013| accordance with state law.
|
0014| D. The entire net proceeds of any game shall be
|
0015| devoted to a lawful use or uses.
|
0016| E. Each license issued for the conduct of games of
|
0017| chance shall be conspicuously displayed at the place where any
|
0018| game is being conducted at all times during the conduct of the
|
0019| game and for at least thirty minutes after the last game has
|
0020| been concluded.
|
0021| F. The premises where any game of chance is being
|
0022| held, operated or conducted or where it is intended that any
|
0023| equipment be used shall at all times be open to inspection by
|
0024| the licensing authority, its agents and employees and by peace
|
0025| officers of any political subdivision of the state.
|
0001| G. No licensee may hold, operate or conduct a game
|
0002| of bingo or lotto more often than on two hundred sixty occasions
|
0003| in any calendar year.
|
0004| H. When any merchandise prize is awarded in a game
|
0005| of bingo, its value shall be its current retail price. No
|
0006| merchandise prize shall be redeemable or convertible into cash
|
0007| directly or indirectly.
|
0008| I. Equipment, prizes and supplies for games of bingo
|
0009| shall not be purchased or sold at prices in excess of the usual
|
0010| price thereof.
|
0011| J. The aggregate amount of all prizes offered or
|
0012| given in all games played on a single occasion shall not exceed
|
0013| one thousand five hundred dollars ($1,500), which shall be
|
0014| exclusive of pull tabs.
|
0015| K. No games shall be conducted more than five times
|
0016| in any one calendar week, with no game lasting more than four
|
0017| hours on each occasion and not more than two occasions in one
|
0018| calendar day by any one licensee.
|
0019| L. The net profits derived from the holding of games
|
0020| of chance must be devoted to the lawful purposes of the
|
0021| organization permitted to conduct the games. Any organization
|
0022| desiring to hold the net profits of games of chance for a period
|
0023| longer than one year must apply to the licensing authority for
|
0024| special permission, and, upon good cause shown, the authority
|
0025| shall grant the request.
|
0001| M. Any licensee which does not report, during any
|
0002| one-year period, net profits will be required to show cause
|
0003| before the licensing authority why its right to conduct games of
|
0004| bingo should not be revoked.
|
0005| N. No person shall assist in the holding, operating
|
0006| or conducting of a bingo game under any license except bona fide
|
0007| active members of the licensee, active members of any
|
0008| organization which is an auxiliary to the licensee or active
|
0009| members of an organization which is affiliated with the licensee
|
0010| by being, with it, auxiliary to another organization.
|
0011| O. The equipment used in the playing of bingo and
|
0012| the method of play shall be such that each card has an equal
|
0013| opportunity to be a winner. The objects or balls to be drawn
|
0014| shall be essentially the same as to size, shape, weight, balance
|
0015| and all other characteristics that may influence their
|
0016| selection. All objects or balls shall be present in the
|
0017| receptacle before each game is begun. All numbers announced
|
0018| shall be plainly and clearly audible to all the players present.
|
0019| Where more than one room is used for any one game, the
|
0020| receptacle and the caller must be present in the room where the
|
0021| greatest number of players are present, and all numbers
|
0022| announced shall be plainly audible to the players in the
|
0023| aforesaid room and also audible to the players in the other
|
0024| rooms. A fair and equal chance shall be given to all
|
0025| participants, and any licensee, its representative, agent or
|
0001| employees whose acts or action may tend to negate the "right of
|
0002| equal chance" shall constitute grounds for revoking such
|
0003| license.
|
0004| P. The receptacle the caller who removes the objects
|
0005| or balls from the receptacle must be visible to all the players
|
0006| at all times except where more than one room is used for any one
|
0007| game, in which case the provisions of Subsection O of this
|
0008| section shall prevail.
|
0009| Q. The particular arrangement of numbers required to
|
0010| be covered in order to win the game and the amount of the prize
|
0011| shall be clearly and audibly described and announced to the
|
0012| players immediately before each game is begun.
|
0013| R. Any player is entitled to call for a verification
|
0014| of all numbers drawn at the time a winner is determined and for
|
0015| a verification of the objects or balls remaining in the
|
0016| receptacle and not yet drawn. The verification shall be made in
|
0017| the immediate presence of the member designated to be in charge
|
0018| of the occasion but, if such member is also the caller, then in
|
0019| the immediate presence of any officer of the licensee.
|
0020| S. In the playing of bingo, no person who is not
|
0021| physically present on the premises where the game is actually
|
0022| conducted shall be allowed to participate as a player in the
|
0023| game.
|
0024| T. No person shall act as a caller in the conduct of
|
0025| any game of bingo unless he has been a member in good standing
|
0001| of the licensee conducting the game or one of its licensed
|
0002| auxiliaries for at least six months immediately prior to the
|
0003| date of such game, is of good moral character and has never been
|
0004| convicted of a felony.
|
0005| U. No owner, co-owner or lessee of the premises or,
|
0006| if a corporation is the owner of the premises, any officer,
|
0007| director or stockholder owning more than ten percent of the
|
0008| outstanding stock shall be a person responsible for or assisting
|
0009| in the holding, operating or conducting of any game of bingo]
|
0010| or until the premises are vacated, whichever comes first."
|
0011| Section 10. Section 60-2B-9 NMSA 1978 (being Laws 1981,
|
0012| Chapter 259, Section 9, as amended) is amended to read:
|
0013| "60-2B-9. REPORTS REQUIRED--CRITERIA--DEFINITIONS--TAX
|
0014| IMPOSED.--
|
0015| A. On [April 15, July 15, October 15 and January
|
0016| 15] or before the fifteenth day of each [year] month, the
|
0017| licensee shall file with the licensing authority upon forms
|
0018| prescribed by the licensing authority a duly verified statement
|
0019| covering the preceding calendar [quarter] month showing the
|
0020| amount of the gross [receipts] income and adjusted gross
|
0021| income derived during that period from games of chance, [the
|
0022| expenses incurred or paid and a brief description of the
|
0023| classification of the expenses] the name and address of each
|
0024| person to whom has been paid [two hundred fifty dollars
|
0025| ($250)] one thousand two hundred dollars ($1,200) or more in
|
0001| gross prizes and the [purpose of the expenditure] nature of
|
0002| those prizes and the net proceeds derived from each game of
|
0003| chance [and the uses to which the net proceeds have been or are
|
0004| to be applied]. It is the duty of each licensee to maintain
|
0005| and keep the books and records necessary to substantiate the
|
0006| particulars of each report.
|
0007| B. If a licensee fails to file reports within the
|
0008| time required or if the reports are not properly verified or not
|
0009| fully, accurately and truthfully completed, any existing license
|
0010| may be suspended until the default has been corrected.
|
0011| C. If a licensee fails to file reports within the
|
0012| time required, a two hundred fifty dollar ($250) penalty shall
|
0013| be assessed. In addition, the licensee may be levied the sum of
|
0014| twenty-five dollars ($25.00) for each day the report is filed
|
0015| late, up to a maximum of seven hundred fifty dollars ($750).
|
0016| D. The revenue collected from any penalty assessed
|
0017| in Subsection C of this section shall be used for the
|
0018| administration of the Charitable Gaming Act.
|
0019| [C.] E. All money collected or received from the
|
0020| sale of admission, [extra] regular cards, extra cards, paper
|
0021| special game cards, video bingo machines, bingo machines, pull
|
0022| tabs, electronic pull tab machines, raffles, the sale of
|
0023| supplies and all other receipts from the games of [bingo]
|
0024| chance shall be deposited in a special account of the licensee
|
0025| [which shall contain only such money] entitled "bingo
|
0001| account". All expenses for the [game] games of chance
|
0002| shall be withdrawn from the bingo account by consecutively
|
0003| numbered checks duly signed by [specified officers] the game
|
0004| manager, assistant game manager or alternate game manager of
|
0005| the licensee and payable to a specific person or organization.
|
0006| There shall be written on the check the nature of the expense
|
0007| for which the check is drawn. No check shall be drawn to "cash"
|
0008| or a fictitious payee.
|
0009| [D. No part of the net profits, after they have
|
0010| been given over to another organization, shall be used by the
|
0011| donee organization to pay any person for services rendered or
|
0012| materials purchased in connection with the conducting of games
|
0013| of bingo by the donor organization.
|
0014| E. No item of expense shall be incurred or paid in
|
0015| connection with holding, operating or conducting any game of
|
0016| chance pursuant to any license except bona fide expenses of a
|
0017| reasonable amount.]
|
0018| F. All net proceeds shall be deposited in the
|
0019| corporate, general or operating account of the qualified
|
0020| organization.
|
0021| G. Expenses may be incurred only for the following
|
0022| operational purposes:
|
0023| (1) the purchase of goods, wares and
|
0024| merchandise furnished players as prizes and gaming materials,
|
0025| such as bingo paper forms, pull tabs, video programs, software
|
0001| programs, tickets and any material incidental or necessary to
|
0002| the operation or conduct of bingo, pull tabs, electronic pull
|
0003| tab gaming, bingo or raffle games of chance;
|
0004| (2) payment for services rendered [that are
|
0005| reasonably necessary for repairs of equipment] in operating
|
0006| or conducting the [game of bingo] games of chance;
|
0007| (3) [for rent if the premises are rented or
|
0008| for] janitorial services if not [rented] included in the
|
0009| rental agreement or lease for the rented premises;
|
0010| (4) [for] accountant's fees;
|
0011| (5) [for] license fees; [and]
|
0012| (6) [for] utilities, including telephone
|
0013| expenses;
|
0014| (7) rental, repair and building maintenance
|
0015| allowance;
|
0016| (8) advertising;
|
0017| (9) legal fees;
|
0018| (10) bank and check verification charges,
|
0019| liability insurance, workers' compensation insurance, employer
|
0020| taxes, federal and state taxes and other required and necessary
|
0021| insurance and taxes;
|
0022| (11) equipment rental; and
|
0023| (12) security services and equipment.
|
0024| H. All net profits in the bingo account shall be
|
0025| transferred to the corporate, general or operating account of
|
0001| the qualified organization on a weekly basis, except for an
|
0002| amount to be retained in the bingo account as reserve for taxes
|
0003| to be paid to the licensing authority and a reserve in the
|
0004| amount reasonably necessary to cover anticipated prizes. All
|
0005| expenditures of the qualified organization in compliance with
|
0006| the Internal Revenue Code of 1986 are to be paid from the
|
0007| corporate, general or operating fund of the qualified
|
0008| organization, as the bingo account is to be used solely for the
|
0009| operation of games of chance.
|
0010| I. Authorized expenses paid from the qualified
|
0011| organization's bingo account are the only expenses that may be
|
0012| incurred in conjunction with the operation of any game of
|
0013| chance, and no other money may be used regardless of source,
|
0014| including funds or donations to or from the qualified
|
0015| organization or auxiliary.
|
0016| [F.] J. For the purposes enumerated in
|
0017| Subsection [E] I of this section,
|
0018| [(1) "goods, wares and merchandise" means
|
0019| prizes, equipment as defined in Section 60-2B-3 NMSA 1978,
|
0020| articles of a minor nature such as pencils, crayons, tickets,
|
0021| envelopes, paper clips and coupons necessary to the conduct of
|
0022| games of chance;
|
0023| (2)] "services rendered" means:
|
0024| (1) repair to owned equipment;
|
0025| [reasonable compensation to bookkeepers or accountants, not
|
0001| more than two in the aggregate, for services in preparing
|
0002| financial reports for an amount not exceeding the total amount
|
0003| of thirty dollars ($30.00) for each occasion, rental of premises
|
0004| not exceeding the amount of fifty dollars ($50.00) for each
|
0005| occasion except upon prior approval of a greater amount by the
|
0006| licensing authority, a reasonable amount for janitorial service
|
0007| not exceeding a total amount of fifty dollars ($50.00) for each
|
0008| occasion, a reasonable amount for assisting in the operation not
|
0009| exceeding a total amount of two hundred fifty dollars ($250),
|
0010| and not exceeding twenty-five dollars ($25.00) for any one
|
0011| employee, for each occasion and a reasonable amount for security
|
0012| expense based on established need as determined by the licensing
|
0013| authority]
|
0014| (2) amounts for other services of not more
|
0015| than five hundred twenty-five dollars ($525) per session for
|
0016| total payroll or not more than thirty-five dollars ($35.00) for
|
0017| any employee; seventy-five dollars ($75.00) for the game
|
0018| manager; fifty dollars ($50.00) for the assistant game manager;
|
0019| or fifty dollars ($50.00) for the alternate game manager in the
|
0020| absence of the game manager or assistant game manager; and
|
0021| (3) a reasonable amount for pack preparation
|
0022| not to exceed ten cents ($.10) per pack.
|
0023| [G.] K. There shall be paid to the licensing
|
0024| authority a tax equal to [three] six percent of the [net
|
0025| proceeds] adjusted gross income of any game of chance held,
|
0001| operated or conducted under the provisions of the [Bingo and
|
0002| Raffle] Charitable Gaming Act. [and] No other state or
|
0003| local gross receipts tax shall apply to the gross receipts of
|
0004| any such game of chance. The revenue from the tax,
|
0005| administrative receipts, license fees and civil fines and
|
0006| penalties collected pursuant to the Charitable Gaming Act shall
|
0007| be deposited in the general fund.
|
0008| L. An amount equal to twenty percent of taxes
|
0009| collected by the state under Subsection K of this section shall
|
0010| be transferred to the municipal treasurer of the municipality in
|
0011| which the premises generating the revenue are located or to the
|
0012| county treasurer of the county in which the premises are located
|
0013| if the premises are not within the boundaries of a municipality
|
0014| for expenditure by the municipality or county in providing
|
0015| additional services."
|
0016| Section 11. A new Section 60-2B-9.1 NMSA 1978 is enacted
|
0017| to read:
|
0018| "60-2B-9.1. [NEW MATERIAL] RENTAL AGREEMENTS--VENDING
|
0019| AND ENTERTAINMENT MACHINES.--Any income realized from vending or
|
0020| entertainment machines installed in a building used for bingo,
|
0021| except for those gaming machines specifically authorized in the
|
0022| Charitable Gaming Act, may accrue to the bingo building lessor
|
0023| or to the organizations, but that income shall not be used for
|
0024| any licensed activity or for promotion of any licensed
|
0025| activity."
|
0001| Section 12. Section 60-2B-10 NMSA 1978 (being Laws 1981,
|
0002| Chapter 259, Section 10) is repealed and a new Section 60-2B-10
|
0003| NMSA 1978 is enacted to read:
|
0004| "60-2B-10. [NEW MATERIAL] EXAMINATION OF BOOKS,
|
0005| RECORDS, OPERATIONS AND PREMISES.--
|
0006| A. At any time, without advance notice, any
|
0007| authorized employee of the licensing authority may enter any
|
0008| premises where any game of chance is being conducted, or where
|
0009| it is intended that any game of chance will be conducted, or
|
0010| where any equipment being used or intended to be used in the
|
0011| conduct of a game of chance is found, for the purpose of
|
0012| inspecting the operation, premises, equipment or the license
|
0013| issued under the Charitable Gaming Act.
|
0014| B. Any authorized employee of the licensing
|
0015| authority may examine the bingo and pull tab books, papers,
|
0016| records, equipment and dates of business of any licensee, in
|
0017| order to verify the accuracy of required reports or the
|
0018| expenditures of proceeds from the bingo account of any licensee.
|
0019| C. Any refusal by a licensee to permit an
|
0020| examination or inspection of the premises where games of chance
|
0021| are conducted, license, equipment, books or papers or any other
|
0022| type of record pertaining to the operation of games of chance
|
0023| held or kept by the licensed organization, its game manager,
|
0024| assistant game manager, alternate game manager or his officers
|
0025| and directors is sufficient grounds for suspension of its
|
0001| license pending a hearing to be conducted by the licensing
|
0002| authority to show cause why the license issued under the
|
0003| Charitable Gaming Act should not be revoked."
|
0004| Section 13. Section 60-2B-11 NMSA 1978 (being Laws 1981,
|
0005| Chapter 259, Section 11) is amended to read:
|
0006| "60-2B-11. FORFEITURE OF LICENSE--INELIGIBILITY TO APPLY
|
0007| FOR LICENSE.--Any person who makes any false statement in any
|
0008| application for any license or in any statement annexed
|
0009| [thereto] to an application, fails to keep sufficient books
|
0010| and records to substantiate the quarterly reports required under
|
0011| Section [8 of the Bingo and Raffle Act] 60-2B-9 NMSA 1978,
|
0012| falsifies any books or records insofar as they relate to any
|
0013| transaction connected with the holding, operating and conducting
|
0014| of any game of chance under any [such] license or violates any
|
0015| of the provisions of the [Bingo and Raffle] Charitable
|
0016| Gaming Act or of any term of the license, if convicted, in
|
0017| addition to suffering any other penalties [which] that may
|
0018| be imposed shall forfeit any license issued to him under that
|
0019| act and shall be ineligible to apply for a license under that
|
0020| act for at least [one year thereafter] two years after
|
0021| conviction."
|
0022| Section 14. Section 60-2B-12 NMSA 1978 (being Laws 1981,
|
0023| Chapter 259, Section 12, as amended) is amended to read:
|
0024| "60-2B-12. ENFORCEMENT.--It is the duty of all sheriffs
|
0025| and police officers to enforce the provisions of the [Bingo and
|
0001| Raffle] Charitable Gaming Act. It is the duty of the district
|
0002| attorney of the county in which a violation is committed to
|
0003| prosecute such violation of that act in the manner and form as
|
0004| is now provided by law for the prosecutions of crimes and
|
0005| misdemeanors."
|
0006| Section 15. Section 60-2B-13 NMSA 1978 (being Laws 1981,
|
0007| Chapter 259, Section 13) is amended to read:
|
0008| "60-2B-13. EXEMPTIONS.--Nothing in the [Bingo and
|
0009| Raffle] Charitable Gaming Act shall be construed to apply to:
|
0010| A. any drawing or any prize at any fair or fiesta
|
0011| held in New Mexico under the sponsorship or authority of the
|
0012| state or any of its political subdivisions, or for the benefit
|
0013| of any church situated [and being] in this state or for
|
0014| charitable purposes when all the proceeds of the sale or drawing
|
0015| shall be expended within New Mexico for the benefit of that
|
0016| church or charitable purpose, provided [such] the fair or
|
0017| fiesta must have been held on an annual basis for not less than
|
0018| two years immediately preceding and for a period of not more
|
0019| than fourteen consecutive calendar days in each year; or
|
0020| B. any bingo or raffle held by any group or
|
0021| organization as defined in Section [3 of the Bingo and Raffle
|
0022| Act which] 60-2B-3 NMSA 1978 that holds a bingo or raffle
|
0023| only once during three consecutive calendar months and not
|
0024| exceeding four occasions in one calendar year."
|
0025| Section 16. Section 60-2B-14 NMSA 1978 (being Laws 1981,
|
0001| Chapter 259, Section 14) is amended to read:
|
0002| "60-2B-14. PENALTIES.--Every licensee and every officer,
|
0003| agent or employee of the licensee and every other person or
|
0004| corporation who willfully violates or who procures, aids or
|
0005| abets in the willful violation of the [Bingo and Raffle]
|
0006| Charitable Gaming Act is guilty of a misdemeanor and [upon
|
0007| conviction thereof shall be punished by a fine of not more than
|
0008| one thousand dollars ($1,000) or by imprisonment in the county
|
0009| jail for not more than six months, or by both such fine and
|
0010| imprisonment] shall be sentenced pursuant to the provisions of
|
0011| Section 31-19-1 NMSA 1978."
|
0012| Section 17. A new Section 60-2B-15 NMSA 1978 is enacted to
|
0013| read:
|
0014| "60-2B-15. [NEW MATERIAL] PRIZES.--
|
0015| A. When any merchandise prize is awarded in a game
|
0016| of chance, its value shall be its current retail price. No
|
0017| merchandise prize shall be redeemable or convertible into cash
|
0018| directly or indirectly by the awarding organization.
|
0019| B. The aggregate amount of all prizes offered or
|
0020| given in all games played on a single occasion, including door
|
0021| prizes and drawings, shall not exceed three thousand dollars
|
0022| ($3,000), which shall be exclusive of pull tabs, electronic pull
|
0023| tab gaming, video bingo, raffles and amounts paid from
|
0024| accumulated progressive bingo funds or accounts. However,
|
0025| amounts contributed to progressive bingo funds or accounts shall
|
0001| be included in this limit at the time of contribution.
|
0002| C. The conduct of all raffles, including the total
|
0003| amount of prizes offered, shall be subject to the prior approval
|
0004| of the licensing authority.
|
0005| D. In progressive bingo, no more than five hundred
|
0006| dollars ($500) per session may be contributed from the allowable
|
0007| limit of three thousand dollars ($3,000) to a fund or account
|
0008| that can accumulate until a player wins the accumulated amount.
|
0009| E. Door prizes and drawings up to one thousand
|
0010| dollars ($1,000) per session shall not require approval from the
|
0011| licensing authority and shall not be included in the total
|
0012| amount of prizes paid on each session held by the licensed
|
0013| organization. Playing materials or discounts on playing
|
0014| materials may be awarded in lieu of cash."
|
0015| Section 18. A new Section 60-2B-16 NMSA 1978 is enacted to
|
0016| read:
|
0017| "60-2B-16. [NEW MATERIAL] NET PROCEEDS.--
|
0018| A. The net proceeds derived from the holding of
|
0019| games of chance shall be utilized according to Section 501 of
|
0020| the Internal Revenue Code of 1986 and all rules and regulations
|
0021| promulgated under that section. The internal revenue service is
|
0022| the agency authorized to determine compliance with that section
|
0023| under which a letter of exemption has been granted to the
|
0024| organization.
|
0025| B. Any licensee that does not report net proceeds
|
0001| from its licensed activities during any one-quarter period will
|
0002| be required to show cause before the licensing authority why its
|
0003| right to conduct games of chance should not be revoked. A newly
|
0004| licensed or relocated organization shall not be required to
|
0005| report any amount of net proceeds in compliance with this
|
0006| subsection for the first quarter of operations.
|
0007| C. "Net proceeds", for the purpose of this section,
|
0008| shall be the adjusted gross income less all authorized expenses
|
0009| as those terms are defined in the Charitable Gaming Act."
|
0010| Section 19. A new Section 60-2B-17 NMSA 1978 is enacted to
|
0011| read:
|
0012| "60-2B-17. [NEW MATERIAL] BINGO--OPERATION OF GAMES.--
|
0013| A. No bingo games shall be conducted by any one
|
0014| qualified organization more than six times in any one calendar
|
0015| week, with no game lasting more than eight hours on each session
|
0016| and not more than one session in one calendar day by any one
|
0017| licensee. No game shall begin earlier than 9:00 a.m. or last
|
0018| later than midnight.
|
0019| B. In bingo games, the particular arrangement of
|
0020| numbers required to be covered in order to win the game and the
|
0021| amount of the prize shall be clearly and audibly described and
|
0022| announced to the players immediately before each game is begun.
|
0023| C. The equipment used in the playing of bingo and
|
0024| the method of play shall be such that all players have an equal
|
0025| opportunity to be winners. The objects or balls to be drawn
|
0001| shall be essentially the same in size, shape, weight, balance
|
0002| and all other characteristics that may influence their
|
0003| selection. All objects or balls shall be present in the
|
0004| receptacle before each game is begun. All numbers announced
|
0005| shall be plainly and clearly audible to all the players present.
|
0006| Where more than one room is used for any one game, the
|
0007| receptacle and the caller must be present in the room where the
|
0008| greatest number of players are present, and all numbers
|
0009| announced shall be plainly audible to the players in that room
|
0010| and also audible to the players in the other rooms. Any
|
0011| licensee, its representative, agent or employees whose acts may
|
0012| tend to negate the opportunity for an equal chance to win shall
|
0013| constitute grounds for revoking its license.
|
0014| D. In bingo games, the receptacle and removal of the
|
0015| objects or balls from the receptacle shall be visible to all the
|
0016| players at all times, except where more than one room is used
|
0017| for any one game, in which case the provisions of Subsection C
|
0018| of this section shall prevail.
|
0019| E. In operating progressive bingo, the amount of
|
0020| prize money contributed to the progressive pot per session shall
|
0021| be deemed to have been paid whether it is actually paid out to a
|
0022| winner as part of the total prize or, in case there is no
|
0023| winner, is allowed to accumulate. The progressive pot may be
|
0024| awarded, in whole or in part, in any session or game held by any
|
0025| participating organization and may be combined with any other
|
0001| prize awarded in that game or session.
|
0002| F. Any player is entitled to call for a verification
|
0003| of all numbers drawn at the time a winner is determined and for
|
0004| a verification of the objects or balls remaining in the
|
0005| receptacle and not yet drawn. The verification shall be made in
|
0006| the immediate presence of the member designated to be in charge
|
0007| of the session, but if that member is also the caller, then in
|
0008| the immediate presence of any two randomly selected bingo
|
0009| players.
|
0010| G. No person shall act as a caller in the conduct of
|
0011| any game of bingo unless he has been a member in good standing
|
0012| of the licensee operating the game or one of its licensed
|
0013| auxiliaries for at least six months immediately prior to the
|
0014| date of the game and has never been convicted of a felony.
|
0015| H. No person who is not physically present on the
|
0016| premises where games of chance are operated shall be allowed to
|
0017| participate as a player in the game.
|
0018| I. No bingo building lessor shall be allowed to
|
0019| assist in the operation of any game of chance whether on a paid
|
0020| or volunteer basis.
|
0021| J. No member of the immediate family of any active
|
0022| member working during any session or occasion during which any
|
0023| game of chance is being operated shall compete in that game of
|
0024| chance."
|
0025| Section 20. A new Section 60-2B-18 NMSA 1978 is enacted to
|
0001| read:
|
0002| "60-2B-18. [NEW MATERIAL] PULL TABS--OPERATION OF
|
0003| GAMES.--
|
0004| A. A qualified veterans' organization may apply for
|
0005| a separate pull tab license as defined in Section 60-2B-6 NMSA
|
0006| 1978 for a branch, post, lodge or chapter that is operated by
|
0007| the qualified organization.
|
0008| B. Pull tabs may be operated no more than six times
|
0009| in any one calendar week, with no game being operated more than
|
0010| eight hours during each session and not more than one session in
|
0011| one calendar day by one qualified organization. No game shall
|
0012| begin earlier than 9:00 a.m. or last later than midnight.
|
0013| C. A paper deal is a package of paper pull tabs with
|
0014| a given number of pull tabs in a series. Each pull tab in a
|
0015| paper deal shall bear a printed serial number placed by the
|
0016| manufacturer, clearly identifying the deal from which the pull
|
0017| tab originated.
|
0018| D. Electronic pull tab machines may be operated
|
0019| continuously from 9:00 a.m. to midnight.
|
0020| E. In operating electronic pull tab machines, once
|
0021| the master program has been activated, it shall not be withdrawn
|
0022| or discontinued but shall be operated until the program is
|
0023| completed and all prizes in the program have been paid. In the
|
0024| event of machine malfunction or program failure, the master
|
0025| program may be de-activated, in which event the profit or loss
|
0001| for accounting purposes of the deal shall be based upon the
|
0002| audit period to date of failure.
|
0003| F. Pull tabs may be sold on the floor of the bingo
|
0004| building or premises during bingo operations provided that the
|
0005| entire deal is available for inspection to players and a flare
|
0006| providing information on the deal is displayed by the individual
|
0007| selling on the floor."
|
0008| Section 21. A new Section 60-2B-19 NMSA 1978 is enacted to
|
0009| read:
|
0010| "60-2B-19. [NEW MATERIAL] RAFFLES--OPERATION OF GAMES.--One or more raffles may be operated during any game of chance
|
0011| and shall mean the selling of tickets or similar products,
|
0012| consecutively numbered, that contain the price of tickets sold
|
0013| to participants of the raffle, date, location and time where and
|
0014| when the drawing is to be held and sufficient information to
|
0015| identify the item or items being raffled, including the awarding
|
0016| of cash as a prize. The winners are to be determined by a
|
0017| drawing of tickets on a random basis. All raffles shall be
|
0018| individually authorized by the licensing authority."
|
0019| Section 22. A new Section 60-2B-20 NMSA 1978 is enacted to
|
0020| read:
|
0021| "60-2B-20. [NEW MATERIAL] SPECIAL GAMING PERMIT.--Any
|
0022| group or organization that holds a game of chance only once
|
0023| during three consecutive calendar months and not exceeding four
|
0024| sessions in one calendar year shall, prior to holding the event,
|
0025| apply for a special gaming license on an application form
|
0001| provided by the licensing authority and submit a fee of twenty-five dollars ($25.00) with that application. This license shall
|
0002| authorize the organization or group for which it is issued to
|
0003| hold an authorized game of chance. The special gaming permit
|
0004| shall conform to all applicable provisions of the Charitable
|
0005| Gaming Act and its regulations."
|
0006| Section 23. A new Section 60-2B-21 NMSA 1978 is enacted to
|
0007| read:
|
0008| "60-2B-21. [NEW MATERIAL] DISTRIBUTOR OR BUILDING
|
0009| LESSOR LICENSE.--
|
0010| A. A distributor license or building lessor license
|
0011| issued under the Charitable Gaming Act:
|
0012| (1) is an annual license that expires December
|
0013| 31 of each year, unless suspended or revoked by the licensing
|
0014| authority;
|
0015| (2) is effective for a single business entity;
|
0016| (3) vests no property or right to the
|
0017| distributor or building lessor, except to conduct the licensed
|
0018| business during the period the license is in effect;
|
0019| (4) is nontransferable, nonassignable and not
|
0020| subject to execution; and
|
0021| (5) terminates upon the death of an individual
|
0022| licensee or upon the dissolution of any sole proprietorship,
|
0023| partnership or corporation that is a licensed distributor or
|
0024| building lessor.
|
0025| B. An application for the renewal of a distributor
|
0001| or building lessor license shall be made to the licensing
|
0002| authority upon forms prescribed by the licensing authority no
|
0003| less than one month prior to expiration of a distributor or
|
0004| building lessor license.
|
0005| C. When a license issued to a distributor or
|
0006| building lessor terminates because of the death of an individual
|
0007| licensee, the dissolution of a corporation or partnership or as
|
0008| a result of receivership or bankruptcy, the licensing authority
|
0009| may permit the successor, upon application, to operate the
|
0010| business under the same license throughout the remainder of the
|
0011| licensed year, provided that the successor is a qualified person
|
0012| under the Charitable Gaming Act. The license is subject to
|
0013| suspension or revocation under the same provisions as is any
|
0014| other license issued under the Charitable Gaming Act. An
|
0015| original license application is required upon expiration of the
|
0016| extension."
|
0017| Section 24. A new Section 60-2B-22 NMSA 1978 is enacted to
|
0018| read:
|
0019| "60-2B-22. [NEW MATERIAL] APPLICATION FOR DISTRIBUTOR
|
0020| OR BUILDING LESSOR LICENSE.--
|
0021| A. Except for building lessors, each distributor
|
0022| shall obtain a license from the licensing authority to rent,
|
0023| lease, sell or otherwise distribute:
|
0024| (1) bingo equipment, materials and supplies;
|
0025| (2) pull tab equipment, materials and supplies;
|
0001| (3) electronic pull tab gaming machines,
|
0002| hardware and programs; and
|
0003| (4) video bingo hardware and programs.
|
0004| B. Each distributor shall file with the licensing
|
0005| authority a written application on a form prescribed by the
|
0006| licensing authority, duly executed and verified that includes
|
0007| but is not limited to the following information:
|
0008| (1) the full name and address of the applicant
|
0009| to distribute, including any branches or auxiliary operations
|
0010| within the state;
|
0011| (2) if the applicant to distribute is a
|
0012| partnership or a corporate distributor, the names and addresses
|
0013| of all partners, officers, directors and stockholders; and
|
0014| (3) if the applicant to distribute is a foreign
|
0015| corporation, the name, business name, business address and home
|
0016| address of its registered agent for service in this state.
|
0017| C. Persons convicted of criminal fraud, illegal
|
0018| gambling or any felony are not eligible for a license under this
|
0019| section.
|
0020| D. No distributor may hold any interest, either
|
0021| direct or indirect, in any organization that is licensed to
|
0022| conduct bingo or pull tabs in the state."
|
0023| Section 25. A new Section 60-2B-23 NMSA 1978 is enacted to
|
0024| read:
|
0025| "60-2B-23. [NEW MATERIAL] PROHIBITED FINANCIAL
|
0001| TRANSACTIONS--CREDIT TRANSACTIONS.--
|
0002| A. It is unlawful for a person who has a financial
|
0003| interest in the licensed distributor's business to limit in any
|
0004| way any other party's right to secure gaming supplies and
|
0005| equipment from any source.
|
0006| B. It is unlawful for a licensed distributor or his
|
0007| agents to secure or attempt to secure a contract of lease or
|
0008| bailment of gaming equipment by coercion, threats or
|
0009| intimidation, through the commission of or threats to commit any
|
0010| act prohibited by the criminal statutes of the state or the
|
0011| Charitable Gaming Act. Whoever commits a violation of this
|
0012| subsection is guilty of a fourth degree felony and shall be
|
0013| sentenced pursuant to the provisions of Section 31-18-15 NMSA
|
0014| 1978.
|
0015| C. Any licensed distributor may make an extension of
|
0016| credit to a licensee under the Charitable Gaming Act for gaming
|
0017| supplies and equipment for business or commercial purposes
|
0018| subject to the following terms and conditions:
|
0019| (1) before making the first such extension of
|
0020| credit, the distributor shall first notify the licensing
|
0021| authority of the intent of that distributor to make extensions
|
0022| of credit in the conduct of the licensee's business;
|
0023| (2) the consideration for these extensions of
|
0024| credit shall be based on reasonable and commercial terms;
|
0025| (3) on any credit extension, other than normal
|
0001| thirty-day net transactions using dates of purchase as effective
|
0002| dates, no extension of credit shall be made unless evidenced by
|
0003| a written agreement signed by the parties, specifying the amount
|
0004| of excess credit extended and the consideration for the
|
0005| extension of credit and the terms on which the credit is to be
|
0006| repaid;
|
0007| (4) each licensed distributor making extensions
|
0008| of credit shall keep books and records, which shall be
|
0009| consistent with accepted accounting and auditing practices
|
0010| relating to all extensions of credit authorized by the
|
0011| Charitable Gaming Act sufficient to enable the licensing
|
0012| authority to determine whether the licensed distributor is
|
0013| complying with the provisions of this section. Such records
|
0014| shall be preserved for three years from the date of the
|
0015| transactions to which they relate or two years from the date of
|
0016| the final entry made with regard to that transaction, whichever
|
0017| is later; and
|
0018| (5) at such times as the licensing authority
|
0019| may deem necessary, the licensing authority may examine the
|
0020| place of business of each licensed distributor and may inquire
|
0021| into and examine the transactions, books, accounts, papers,
|
0022| correspondence and other records. The licensing authority may,
|
0023| during the course of the examination, administer oaths and
|
0024| examine any person under oath upon any subject pertinent to any
|
0025| matter about which the licensing authority is authorized or
|
0001| required by this section to consider, investigate or secure
|
0002| information. Any licensed distributor who fails or refuses to
|
0003| let the licensing authority examine or make copies of such books
|
0004| or other relevant documents shall be in violation of this
|
0005| section. The information obtained may be used in criminal,
|
0006| civil or administrative procedures."
|
0007| Section 26. A new Section 60-2B-24 NMSA 1978 is enacted to
|
0008| read:
|
0009| "60-2B-24. [NEW MATERIAL] GENERAL PROVISIONS.--
|
0010| A. The licensing authority may examine the books and
|
0011| records of any applicant for a license.
|
0012| B. An unlicensed person who sells or attempts to
|
0013| induce the sale of bingo and pull tab equipment, devices or
|
0014| supplies to a person licensed to conduct bingo games is subject
|
0015| to the penalties set forth in Section 60-2B-14 NMSA 1978.
|
0016| C. An applicant for a license shall, during pendency
|
0017| of the application, notify the licensing authority within ten
|
0018| days of any change regarding any facts set forth in the
|
0019| application. Failure to give a required notice is cause for
|
0020| denial of a pending application.
|
0021| D. No minor shall participate in any gaming
|
0022| activity."
|
0023| Section 27. A new Section 60-2B-25 NMSA 1978 is enacted to
|
0024| read:
|
0025| "60-2B-25. [NEW MATERIAL] PROHIBITED PRACTICES.--
|
0001| A. A distributor shall not, by express or implied
|
0002| agreement with another distributor, fix or attempt to fix the
|
0003| price at which equipment, devices or supplies may be sold.
|
0004| B. No distributor shall rent or lease equipment to
|
0005| qualified organizations under the Charitable Gaming Act on an
|
0006| income-sharing basis or on a percentage-of-income-sharing
|
0007| basis."
|
0008| Section 28. A new Section 60-2B-26 NMSA 1978 is enacted to
|
0009| read:
|
0010| "60-2B-26. [NEW MATERIAL] REPORTS REQUIRED--LICENSE
|
0011| FEES.--
|
0012| A. Each month the licensed distributor shall file
|
0013| with the licensing authority upon forms prescribed by the
|
0014| licensing authority a duly verified statement reflecting the
|
0015| sales or rentals of equipment or machines and the sale of cards
|
0016| and supplies to qualified organizations in this state.
|
0017| B. The report shall be filed each quarter on or
|
0018| before the fifteenth day of the month following the end of the
|
0019| quarter.
|
0020| C. The report shall contain the customer's name and
|
0021| license number and total sales of:
|
0022| (1) bingo cards, sheets, pads and electronic
|
0023| programs or aids;
|
0024| (2) pull tabs and jar raffles, either paper or
|
0025| electronic;
|
0001| (3) all other gaming equipment; and
|
0002| (4) any other types of supplies or merchandise
|
0003| sold to the qualified organization.
|
0004| D. The distributor shall retain a copy of the report
|
0005| and the supporting invoices and documentation for each
|
0006| individual transaction in his records for at least three years
|
0007| after the date on which the report is filed.
|
0008| E. All deliveries or sales shall be accompanied by a
|
0009| consecutively numbered invoice that is prepared in at least two
|
0010| parts, one for the distributor and one for the qualified
|
0011| organization, which clearly and accurately show the date,
|
0012| purchasing organization's name, address, license number, price,
|
0013| distributor's name, distributor's license number, the quantity
|
0014| and sales price of each individual item of merchandise sold or
|
0015| delivered and the serial numbers of all pull tabs or jar
|
0016| raffles.
|
0017| F. The distributor and the qualified organization
|
0018| shall retain a copy of the invoice for a period of not less than
|
0019| three years from the date of transaction. The invoices shall be
|
0020| open for inspection and examination by the licensing authority
|
0021| during all usual business hours or at any reasonable time if the
|
0022| licensed distributor does not maintain regular business hours,
|
0023| and credit sales or memoranda shall be prepared in the same
|
0024| detail as if they were sales invoices.
|
0025| G. Each deal of pull tabs shall have the stamp of
|
0001| the distributor conspicuously placed on the box."
|
0002| Section 29. EFFECTIVE DATE.--The effective date of the
|
0003| provisions of this act is July 1, 1996.
|
0004|
|
0005|
|
0006|
|
0007| FORTY-SECOND LEGISLATURE
|
0008| SECOND SESSION, 1996
|
0009|
|
0010|
|
0011| JANUARY 31, 1996
|
0012|
|
0013| Mr. President:
|
0014|
|
0015| Your COMMITTEES' COMMITTEE, to whom has been referred
|
0016|
|
0017| SENATE BILL 607
|
0018|
|
0019| has had it under consideration and finds same to be GERMANE, PURSUANT
|
0020| TO CONSTITUTIONAL PROVISIONS, and thence referred to the COMMITTEE
|
0021| OF THE WHOLE.
|
0022|
|
0023| Respectfully submitted,
|
0024|
|
0025|
|
0001|
|
0002|
|
0003| __________________________________
|
0004| SENATOR MANNY M. ARAGON, Chairman
|
0005|
|
0006|
|
0007|
|
0008| Adopted_______________________ Not Adopted_______________________
|
0009| (Chief Clerk) (Chief Clerk)
|
0010|
|
0011|
|
0012| Date ________________________
|
0013|
|
0014|
|
0015|
|
0016| S0607CC1
|
0017|
|
0018| FORTY-SECOND LEGISLATURE
|
0019| SECOND SESSION, 1996
|
0020|
|
0021|
|
0022| February 2, 1996
|
0023|
|
0024| Mr. President:
|
0025|
|
0001| Your COMMITTEE OF THE WHOLE, to whom has been referred
|
0002|
|
0003| SENATE BILL 607
|
0004|
|
0005| has had it under consideration and reports same WITHOUT
|
0006| RECOMMENDATION, and thence placed on the President's
|
0007| Table.
|
0008|
|
0009| Respectfully submitted,
|
0010|
|
0011|
|
0012|
|
0013| __________________________________
|
0014| Manny M. Aragon, Chairman
|
0015|
|
0016|
|
0017|
|
0018| Adopted_______________________ Not Adopted_______________________
|
0019| (Chief Clerk) (Chief Clerk)
|
0020|
|
0021|
|
0022|
|
0023| Date ________________________
|
0024|
|
0025|
|
0001| The roll call vote was by voice vote
|
0002|
|
0003|
|
0004|
|
0005| S0607WS1
|
0006|
|