TITLE 15 GAMBLING
AND LIQUOR CONTROL
CHAPTER 1 GAMES
AND GAMING GENERAL PROVISIONS
PART 26 TEMPORARY
POSSESSION OF GAMING DEVICES BY PUBLIC POST-SECONDARY
EDUCATIONAL
INSTITUTIONS AND TRADE SHOWS
15.1.26.1 ISSUING
AGENCY: New Mexico Gaming Control Board.
[15.1.26.1 NMAC -
N, 10/31/02]
15.1.26.2 SCOPE:
This rule applies to public post-secondary educational institutions and
persons participating in trade shows who are seeking to temporarily possess
gaming devices for limited purposes permitted under the New Mexico Gaming
Control Act.
[15.1.26.2 NMAC -
N, 10/31/02]
15.1.26.3 STATUTORY
AUTHORITY: Section 60-2E-7(B)(3)
of the Gaming Control Act authorizes the board to develop, adopt and promulgate
all regulations necessary to implement and administer the provisions of the
Gaming Control Act. Section
60-2E-8(C)(19) authorizes the board to establish criteria and conditions for
allowing temporary possession of gaming devices by public post-secondary
educational institutions and for trade shows.
[15.1.26.3 NMAC -
N, 10/31/02]
15.1.26.4 DURATION:
Permanent.
[15.1.26.4 NMAC -
N, 10/31/02]
15.1.26.5 EFFECTIVE
DATE: October 31, 2002, unless a later date is
cited at the end of a section.
[15.1.26.5 NMAC -
N, 10/31/02]
15.1.26.6 OBJECTIVE:
This rule establishes criteria and conditions for possession of gaming
devices by public post-secondary educational institutions and persons
participating in trade shows.
[15.1.26.6 NMAC -
N, 10/31/02]
15.1.26.7 DEFINITIONS:
Unless otherwise defined below, terms used in this rule have the same
meanings as set forth in the Gaming Control Act:
A. "Act" means
the New Mexico Gaming Control Act.
B. “authorized
personnel” means persons permitted to teach courses of instruction at
public post-secondary educational institutions or other activities requiring
access to the gaming devices;
C. "board"
means the Gaming Control Board or its designee.
D. “person” means a
legal entity or an individual.
E. "State"
means the State of New Mexico.
F. "trade show”
means a gaming industry related event where vendors of gaming devices exhibit,
demonstrate and market gaming devices at a premises other than a licensed
premise.
G. “vendor” means a
person licensed in any legal jurisdiction authorized to manufacture, sell, lease or otherwise distribute gaming devices.
[15.1.26.7 NMAC -
N, 10/31/02]
15.1.26.8 POSSESSION
OF GAMING DEVICES:
A. A public post-secondary educational institution upon
registration with the board may temporarily possess gaming devices for the
limited purposes provided for under the act.
B. A vendor upon
registration with the board may temporarily possess unlicensed gaming devices
for the limited purpose of exhibiting, demonstrating and marketing the gaming
devices at a trade show approved by the board.
C. A person may
temporarily possess gaming devices for use in film or theatrical productions or
other non-gaming purposes in accordance with the provisions of this part.
D. Gaming devices
possessed pursuant to the requirements of this rule are not required to be
connected to the state’s central monitoring system.
[15.1.26.8 NMAC -
N, 10/31/02; A, 10/15/15]
15.1.26.9 REGISTRATION:
A. All
public post-secondary educational institutions no less than thirty (30) days
prior to possessing any unlicensed gaming device must register with the board
on forms supplied or approved by the board and must provide all information and
documents requested. Registration will
only be for the institution and specific gaming devices listed in the
registration form. The registration form
will require the following information:
(1) the full name and address of the public post-secondary
educational institution registering with the board;
(2) the full name, address and title of a contact person;
(3) a course description for each course of instruction that the
gaming devices will be utilized;
(4) address
where the gaming devices will be shipped;
(5) the beginning and ending dates for the courses; and
(6) any other information deemed necessary by the board.
B. The public
post-secondary institution must obtain a license from the board for each gaming
machine in accordance with the requirements of the act and board rules. The board may waive, at the board’s
discretion, all applicable gaming machine license fees.
C. Gaming devices
to be exhibited, demonstrated or marketed at a trade show must be registered
with the board no less than thirty (30) days prior to opening of the trade show
on forms supplied or approved by the board and must provide all information and
documents requested. Registration will
only be for the vendor and the specific gaming devices listed in the
registration form. The registration form
will require the following information:
(1) the full name, address and title of contact person who will
be responsible for the gaming devices while at the trade show;
(2) the trade show name, trade show date, and trade show address
or location;
(3) the sponsor name, address, phone number, and contact person;
(4) method of shipment or transport of the unlicensed gaming
devices, including the name of the carrier, if any;
(5) the number of gaming devices in the shipment;
(6) the manufacturer and serial number of each gaming device in
the shipment;
(7) the model number and description of each gaming device;
(8) the expected arrival and departure date of the gaming
devices from the destination location within the state; and
(9) any other information deemed necessary by the board.
D. The board will issue each registered vendor a permit
which will authorize the possession of the specific gaming devices listed on
the registration form for the specific trade show date. The permit holder must display its permit at
its exhibit in full view of the public at all times during the operation of the
trade show.
E. A person who wishes to temporarily possess
gaming machines for film or theatrical productions, or
for other non-gaming purposes shall be required to apply for approval from the
board prior to possessing such gaming machines.
The request for written approval shall include, at a minimum, the
following information:
(1) the name of
the person making the request;
(2) the full
name, address and title of a contract person;
(3) the name of
the person who will supply the gaming machines;
(4) the method
of shipment or transport of the gaming machines, including the name of the
carrier, if any;
(5) the number
of gaming devices in the shipment, if applicable;
(6) the expected
arrival and departure date of the gaming machines from the destination location
within the state;
(7) all the
physical addresses or locations where the gaming machines will be located
during the time they are in the state, whether in storage or at other
locations;
(8) the dates
and times that the gaming machines will be in each specified location;
(9) the serial
numbers of the gaming machines that will be used; and
(10) the model numbers or
description of the gaming machines that will be used.
F. The board may approve the application for temporary
possession of gaming machines for film or theatrical productions, or for other
non-gaming purposes, upon such terms and conditions as it deems appropriate.
[15.1.26.9 NMAC -
N, 10/31/02; A, 10/15/15]
15.1.26.10 RESTRICTION
ON USE, ACCESS AND MOVEMENT OF GAMING DEVICES BY PUBLIC POST-SECONDARY
EDUCATIONAL INSTITUTIONS:
A. All courses of instruction or other activities
requiring access to the gaming devices must be conducted in a secured
classroom.
B. Gaming devices
may be used and operated only for the purpose of providing instruction as
authorized under the Act.
C. Public
post-secondary institutions must submit, or ensure submission of, all EPROMS to
the board for testing and approval prior to installation and use in any gaming
device.
D. Access to gaming
devices must be restricted to authorized personnel and to students enrolled in
courses that require access to the gaming devices.
E. Gaming devices
may not be moved, modified, disposed of or otherwise tampered with except with
the express written consent of the board.
F. Upon board
request, the board and its employees or agents must be given access to the
classroom or storage room where gaming machines, gaming devices, and related
records are located.
G. Storage security
measures will include, at a minimum, providing and maintaining:
(1) classroom doors or storage room doors that lock so that
access to the classroom or storage room is limited to only authorized
personnel;
(2) adequate security personnel; and
(3) electrical shut off to the classroom or storage room.
[15.1.26.10 NMAC -
N, 10/31/02]
15.1.26.11 RESTRICTION
ON USE, ACCESS AND MOVEMENT OF GAMING DEVICES AT TRADE SHOWS:
A. Gaming devices
may be used and operated only for the purpose of exhibit, demonstration and
marketing at a trade show event.
B. Gaming devices
must be shipped in demonstration mode with demonstration software.
C. Participants in
trade shows must submit, or ensure submission of, within 10 days of the trade
show, all demonstration EPROMS or software to the board for testing and
approval prior to installation and use in any gaming device.
D. Access to the
gaming devices at the end of the trade show event is restricted to authorized
persons participating in or hosting the event.
E. Gaming devices
may not be moved from the trade show location, modified, disposed of or
otherwise tampered with except with the express written consent of the board.
F. Upon board
request, a trade show vendor must allow the board and its employees or agents
access to the trade show event, gaming devices, and related records.
[15.1.26.11 NMAC -
N, 10/31/02]
15.1.26.12 RESTRICTIONS
ON USE, ACCESS AND MOVEMENT OF GAMING DEVICES IN USE FOR FILM, THEATRICAL OR
NON-GAMING PURPOSES:
A. Gaming machines
shall be used and operated only for the purpose of film or theatrical
productions, or for other non-gaming purposes as specifically approved by the
board.
B. Gaming machines
shall at all times remain in demonstration mode.
C. Gaming machines
shall not be transported to locations other than those approved by the board.
D. Upon board
request, the person using the gaming machines shall allow the board or its
agents and employees access to all places where the gaming machines are
located.
[15.1.26.12 NMAC -
N, 10/15/15]
15.1.26.13 FAILURE
TO COMPLY WITH REGISTRATION, TRANSPORT, POSSESSION
A. Failure to comply with registration, transport,
possession and use requirements of this rule will subject the person to a fine
or penalty.
B. If after
investigation the board determines that sufficient grounds exist to assess a
fine or penalty the board will initiate a hearing on the matter in accordance
with the act and board rules.
[15.1.26.12 NMAC -
N, 10/31/02; 15.1.26.13 NMAC - Rn, 15.1.26.12 NMAC, 10/15/15]
HISTORY OF 15.1.26 NMAC: [RESERVED]