TITLE 15             GAMBLING AND LIQUOR CONTROL

CHAPTER 4        BINGO AND RAFFLES

PART 6                 EQUIPMENT; BINGO, RAFFLE, PULL-TABS

 

15.4.6.1                 ISSUING AGENCY:  New Mexico Gaming Control Board.

[15.4.6.1 NMAC - Rp, 15.4.6.1 NMAC, 2/23/2021]

 

15.4.6.2                 SCOPE:  This rule applies to all persons subject to regulations promulgated under the New Mexico Bingo and Raffle Act by the New Mexico gaming control board.

[15.4.6.2 NMAC - Rp, 15.4.6.2 NMAC, 2/23/2021]

 

15.4.6.3                 STATUTORY AUTHORITY:  Authority for this rule derives from the New Mexico Bingo and Raffle Act Section 60-2F-3 NMSA 1978. Subsection H of 60-2F-6 NMSA 1978 authorizes the board to adopt rules to implement the New Mexico Bingo and Raffle Act and to ensure that games of chance conducted in New Mexico are conducted with fairness and that the participants and patrons are protected against illegal practices on any premises.

[15.4.6.3 NMAC - Rp, 15.4.6.3 NMAC, 2/23/2021]

 

15.4.6.4                 DURATION:  Permanent.

[15.4.6.4 NMAC - Rp, 15.4.6.4 NMAC, 2/23/2021]

 

15.4.6.5                 EFFECTIVE DATE:  February 23, 2021, unless a later date is cited at the end of a section.

[15.4.6.5 NMAC - Rp, 15.4.6.5 NMAC, 2/23/2021]

 

15.4.6.6                 OBJECTIVE:  This rule establishes standards for the evaluation, testing, approval, modification, maintenance, and disposition of bingo, raffle and pull-tab equipment.

[15.4.6.6 NMAC - Rp, 15.4.6.6 NMAC, 2/23/2021]

 

15.4.6.7                 DEFINITIONS:  See 15.4.1.7 NMAC for applicable definitions.

[15.4.6.7 NMAC - Rp, 15.4.6.7 NMAC, 2/23/2021]

 

15.4.6.8                 BINGO EQUIPMENT:

                A.            Authorized equipment and cards, including all bingo related items used in the conduct of bingo, shall be maintained in good repair and sound working condition.  The board or its agents may order that any equipment, cards or related items immediately be repaired or replaced, if after examination, they are found to be defective.

                B.            All 75 balls of equal weight and diameter shall be present for bingo games and free of creases, holes or other damage.

                C.            The master board is the only official scorer.  A lighted display board may be used, but it is not official.

                D.            Disposable bingo cards shall be used in all bingo games.

                E.            Each pack of bingo cards sold wholesale shall be consecutively numbered from the first card to the last and each card shall contain, on its face, both its individual consecutive serial number and the identification number assigned by the manufacturer.

                F.            Hard cards are prohibited.

                G.            If a wholesale of bingo cards to a non-licensee in the amount of $100 or greater is conducted then the seller shall report to the board the buyers name, address and phone number within three business days.

                H.            When bingo equipment is sold to a non-licensee the seller shall report the buyer’s name, address and phone number to the board within three business days.

                I.             When a wholesale of bingo cards to a licensee is conducted the seller shall record and maintain an itemized invoice and the buyer’s organization’s name, license number and contact information.

[15.4.6.8 NMAC - Rp, 15.4.6.8 NMAC, 2/23/2021]

 

15.4.6.9                 RAFFLE TICKETS:

                A.            Raffle ticket requirements:

                                (1)           all tickets sold in any raffle shall have the state license number, the word "raffle" and the date, time, and place of drawing printed on each ticket;

                                (2)           all tickets shall be consecutively numbered;

                                (3)           all major cash or merchandise prizes conspicuously printed on the ticket;

                                (4)           the cost of each ticket shall be printed on the front of each ticket; and

                                (5)           with the exception of a split raffle, the expiration date by which a prize must be claimed shall be printed on each ticket.

                B.            If the ticket holder is required to be present at the drawing to be eligible for the prize, a statement setting forth this condition shall be conspicuously printed on each ticket and on all promotional material concerning the raffle.

                C.            When a prize exceeds $75,000 the licensee shall submit a valid copy of a raffle ticket to the board prior to selling any tickets.

[15.4.6.9 NMAC - Rp, 15.4.6.9 NMAC, 2/23/2021]

 

15.4.6.10               PULL-TAB EQUIPMENT:

                A.            No licensee shall permit the display or operation of any pull-tabs which may have in any manner been marked, defaced, tampered with or otherwise placed in a condition, or operated in a manner which may deceive the public.

                B.            Electronic and video pull-tab machines are prohibited.

                C.            Pull-tab dispensers shall be maintained in good repair and sound working condition.

                D.            All pull-tabs in a deal shall be sold at the same price.

                E.            A deal shall not exceed 25,000 tickets.

                F.            The seller or lessor of pull-tab dispensers shall report to the board the sale or lease of the device prior to the delivery or placement of the device on a licensed premise.

                G.            Deals intended for use in a pull-tab dispenser comprised of multiple rolls shall have all rolls indistinguishable from every roll in the deal.

                H.            The bingo operator licensee shall keep a dispenser access entry log inside the main cabinet access area of each pull-tab dispenser.  Every person who gains entry into any internal space of a dispenser shall sign the access entry log, indicate the date and time of entry and list all areas inspected, repaired or serviced.  The bingo operator licensee shall retain the dispenser log for a period of three years and shall make the dispenser log available to the board or its authorized agents upon request.

                I.             A pull-tab dispenser leased by more than one licensee shall not be used by another licensee unless and until the licensee has removed its pull-tab deals from play prior to use by the next licensee.

                J.             The keys to pull-tab dispensers must be on the premises and in the possession and control of the bingo licensee. 

                K.            The board or its agents may examine and inspect any individual pull-tab dispenser and shall have immediate access to the dispenser and unlimited inspection of all parts of the dispenser.

                L.            All pull-tabs in any one column or sleeve of the dispenser must be of the same deal.

                M.           No licensee may display, use or otherwise furnish a dispenser which has in any manner been marked, defaced, tampered with, or which otherwise may deceive the public or affect a person’s chances of winning.

[15.4.6.10 NMAC - Rp, 15.4.6.10 NMAC, 2/23/2021]

 

15.4.6.11               DISALLOWANCE OF BINGO, RAFFLE AND PULL-TAB EQUIPMENT:

                A.            The board may disallow the use of bingo, raffle or pull-tab equipment when in the interest of the public.

                B.            If the board or its agents discover any problem with a pull-tab dispenser that affects the security or integrity of the game, the board may direct the manufacturer, distributor or the bingo licensee to cease the sale, lease or use of the dispenser.

                C.            The board shall advise the manufacturer or distributor of the disallowed equipment of the date on which use of the disallowed equipment shall cease.

                D.            The board shall advise the licensees or applicants of the date on which the use of the disallowed equipment shall cease.

                E.            A licensee shall cease using the disallowed equipment by the date established by the board.

                F.            Licensee shall obtain written approval from the board prior to making any equipment modifications that may affect the outcome of a game of chance.

[15.4.6.11 NMAC - Rp, 15.4.6.11 NMAC, 2/23/2021]

 

15.4.6.12               LOSS, THEFT, MECHANICAL FAILURE, INOPERATION, DESTRUCTION OR MALFUNCTION:  The bingo manager shall report to the enforcement division each instance that a pull-tab dispenser with or without video display of the paper pull-tab gaming piece, in play malfunctions and each instance when play is disrupted or ceases operation regardless of the reason or length of time of disruption or malfunction or whether or not there is a monetary loss.

[15.4.6.12 NMAC - Rp, 15.4.6.12 NMAC, 2/23/2021]

 

HISTORY OF 15.4.6 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the state records center and archives by department of alcohol and beverage control under:

Regulation No. 2B-4(F), Penalties for Violations of Bingo & Raffle Act or Regulations, Interpreting and Exemplifying Subsection F of Section 60-2B-4 NMSA 1978, filed 3/21/1984.

 

History of Repealed Material:

15.4.6 NMAC, Bingo - Penalties, filed 9/16/2005, Repealed, effective 4/15/2013.

15.4.6 NMAC, Bingo - Equipment; Bingo, Raffle, Pull-Tabs, filed 3/27/2013 Repealed effective 2/23/2021.

 

Other History:

15.4.6 NMAC, Bingo - Penalties, filed 9/16/2005 replaced by 15.4.6 NMAC, Bingo - Equipment; Bingo, Raffle, Pull-Tabs effective 4/15/2013.

15.4.6 NMAC, Bingo - Equipment; Bingo, Raffle, Pull-Tabs, filed 3/27/2013 replaced by 15.4.6 NMAC, Bingo - Equipment; Bingo, Raffle, Pull-Tabs, filed 2/23/2021.