TITLE 15             GAMBLING AND LIQUOR CONTROL

CHAPTER 4        BINGO AND RAFFLES

PART 7                 CONDUCT OF BINGO

 

15.4.7.1                 ISSUING AGENCY:  New Mexico Gaming Control Board.

[15.4.7.1 NMAC - Rp, 15.4.7.1 NMAC, 2/23/2021]

 

15.4.7.2                 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.

[15.4.7.2 NMAC - Rp, 15.4.7.2 NMAC, 2/23/2021]

 

15.4.7.3                 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.

[15.4.7.3 NMAC - Rp, 15.4.7.3 NMAC, 2/23/2021]

 

15.4.7.4                 DURATION:  Permanent.

[15.4.7.4 NMAC - Rp, 15.4.7.4 NMAC, 2/23/2021]

 

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

[15.4.7.5 NMAC - Rp, 15.4.7.5 NMAC, 2/23/2021]

 

15.4.7.6                 OBJECTIVE:  This rule establishes the conduct of bingo authorized by the New Mexico Bingo and Raffle Act.

[15.4.7.6 NMAC - Rp, 15.4.7.6 NMAC, 2/23/2021]

 

15.4.7.7                 DEFINTIONS:  See 15.4.1.7 NMAC for applicable definitions.

[15.4.7.7 NMAC - Rp, 15.4.7.7 NMAC, 2/23/2021]

 

15.4.7.8                 BINGO GAME CONTROLS:  The bingo manager shall establish the following controls at all bingo games:

                A.            disposable bingo cards shall be used in all bingo games and adhere to the following specifications:

                                (1)           each set of disposable cards used shall have a serial number and the identification number assigned by the manufacturer; and

                                (2)           each disposable card/packet sold shall have a specific retail value, which has been reported to the board or its agents, and clearly posted;

                B.            the bingo caller shall be furnished, prior to starting each game the manufacturer's identification number and the serial numbers of all cards offered for sale for that particular game and shall announce to the players the range of numbers of the cards that are valid for that game; upon a player having completed a bingo winning combination and the player declaring “bingo,” the caller shall require a bingo employee on the floor to verify the bingo winning combination and to read off the manufacturer's identification number and serial number of each winning card; payment shall not be made unless both numbers were among those offered for sale for that game; and

                C.            one or more licensed individuals shall be assigned the duty of making prize payouts.  Payouts shall not be paid from gross receipts collected during an occasion.

[15.4.7.8 NMAC - Rp, 15.4.2.8 NMAC, 2/23/2021]

 

15.4.7.9                 BINGO OPERATIONS:

                A.            The bingo manager, or in the absence of the bingo manager, an alternate bingo manager, shall be present on the premises continuously during the games and for a period of at least 30 minutes after the last game.

                B.            Licensees shall purchase pre-numbered paper cards from a licensed distributor or manufacturer.

                C.            Start up and close out of an occasion shall be conducted in the following manner:

                                (1)           a payout schedule of all bingo games, which requires prior approval by the board or its agents, shall be posted 30 minutes prior to the start of an occasion,

                                (2)           when an organization has been licensed to use a multi-tiered payout schedule:

                                                (a)           all tiers shall be posted 30 minutes prior to the occasion; and

                                                (b)           the tier to be used shall be announced 10 minutes prior to the occasion;

                                (3)           prior to the start of the game, all bingo prizes, prize money, or checks shall be on the licensed premises; in the event check payments are to be issued for the payment of prizes, there shall be sufficient funds in the bingo operating account at the beginning of the bingo occasion;

                                (4)           at the close out of each occasion, the bingo manager shall count all gross receipts to include all cash, checks, debit card receipts, and promotional, discounted or free games at the full price; and shall record all gross receipts and prepare and sign a bank deposit slip that reflects the final deposit; the deposit slip shall have the licensee’s name and license number on it;

                                (5)           a second bingo employee shall immediately count and verify the gross receipts and cosign the bank deposit slip;

                                (6)           cash, coin, checks, and debit card receipts shall be temporarily stored in a secured area until a deposit is made; a secured area includes a locked vault on the licensed premises or the deposit drop box; in the event that nonrelated funds are kept in the same locked vault, bingo, raffle and pull tab funds shall be kept in a separate locked bank bag inside the vault; under no circumstances shall funds be kept at a location other than the licensed premise;

                                (7)           if the licensee conducts two or more bingo occasions and chooses not to close out at the end of each occasion, then all gross receipts for each game of chance shall be kept separate for each occasion, secured in a locked vault and reconciled at the close of the last occasion or no later than the following business day; and

                                (8)           the bingo manager and one other bingo employee shall ensure proper separate and accurate reporting of each of the occasions to include separate deposit slips that reflect separate gross receipts from each occasion.

                D.            Paper cards shall be used for all bingo games.

                E.            No bingo occasion shall begin prior to 9:00 a.m. or later than midnight.

[15.4.7.9 NMAC - Rp, 15.4.2.9 NMAC, 2/23/2021]

 

15.4.7.10               SALE OF BINGO CARDS:

                A.            Sale and use of bingo cards:

                                (1)           bingo cards shall not be sold on credit or purchased with credit cards;

                                (2)           a debit card issued by a banking institution or credit union may be used as a means of payment;

                                (3)           each licensee that accepts payment by debit card must maintain records to substantiate all transactions;

                                (4)           all debit card transactions must be reported on the quarterly reports covering the time period in which the transactions occurred;

                                (2)           all sales of bingo cards shall take place upon the premises and at the time of that bingo occasion;

                                (3)           no bingo cards shall be set aside or reserved for any person;

                                (4)           if a master card or admittance card is required in order to play bingo, then no extra cards will be sold to a player who has not purchased a master or admittance card;

                                (5)           all bingo cards other than promotional cards shall be sold at a set price; the price of each type of card shall remain fixed and may only be altered by requested amendment of the license subject to approval by the board or its agents, and shall be posted; and

                                (6)           if each person playing bingo is required to purchase a master card and is allowed to play extra cards in the same game, then the prize to be awarded on the master card and the extra cards shall be posted by the licensee at the beginning of each game.

                B.            No bingo cards sold for use in an occasion shall be valid for use in another occasion.

                C.            If bingo cards are being sold for an occasion immediately following the current occasion and both occasions are scheduled for the same day, the sales and deposits for each occasion shall be kept separate.

                D.            Any shortage calculated from sales for an occasion shall not be deducted from the gross receipts.

[15.4.7.10 NMAC - Rp, 15.4.2.10 NMAC, 2/23/2021]

 

15.4.7.11               CONDUCT DURING BINGO GAMES:

                A.            The caller shall:

                                (1)           announce whether last ball called is or is not required;

                                (2)           remove and hold only one ball at a time from the blower;

                                (3)           call all letters and numbers clearly twice to all players present during the occasion;

                                (4)           immediately following the calling of each number in a bingo game, the caller shall turn the portion of the ball, which shows the number and the letter to the players in the game so they may know that the proper number has been called;

                                (5)           upon discovering that a number has been called incorrectly:

                                                (a)           the game shall immediately stop;

                                                (b)           the caller shall announce “an error has been made, I am reading the correct number, please correct your card”; and

                                                (c)           then correct the board and continue with the game.

                                (6)           not return a ball to any part of the blower until the conclusion of the game.

                B.            Each bingo game will be closed with the following procedure:

                                (1)           the game shall be stopped after the winning combination has been signaled by a player;

                                (2)           only the balls called are in play;

                                (3)           a ball in the caller’s hand, on a monitor, or otherwise segregated from other balls will not be called or placed into play; this ball will be held by the caller until the bingo winning combination has been verified;

                                (4)           if it is a bingo winning combination the ball is returned to the machine and the game is over;

                                (5)           if a game is stopped for a bingo declaration which proves not to be valid, the caller will then call the ball being held at the time the game was stopped;

                                (6)           the bingo employee on the floor shall place the bingo card to be checked as a winner in front of at least one other player, with that player being given an opportunity to confirm that the bingo declared is a valid bingo winning combination by watching the card as the numbers are called;

                                (7)           the caller shall require the bingo employee on the floor checking the bingo combination to read off the manufacturer's identification number and serial number of each winning card;

                                (8)           the bingo employee on the floor shall announce the numbers of the bingo winning combination to the bingo caller who shall confirm using the master board, or, in case of a “cover-all” bingo, the caller shall call the numbers that have not been called using the master board; and

                                (9)           the bingo caller shall then ask the players, “are there any other bingos?”  If no one answers, the caller shall announce, “this game is completed”.

                C.            The caller cannot verify the winning bingo numbers on the floor.  Another bingo employee shall call the player’s declared bingo numbers to the caller for verification.

                D.            In a bingo game where only a specific number of numbered balls will be called, that number shall be announced by the caller prior to the removal of the first ball from the blower.  Prior to the last ball being removed from the blower the caller will announce “last ball”.

                E.            When conducting a “winner take all” bingo game, the bingo manager shall ensure that:

                                (1)           the caller announces the number of cards sold and the prize amount prior to the beginning the game;

                                (2)           a record of the game is compiled containing:

                                                (a)           the number of cards sold;

                                                (b)           the date and time the game was conducted;

                                                (c)           if the prize value is equal to or exceeds $600, the winner(s) contact information;

                                                (d)           copies of any required tax reporting documents; and

                                                (e)           this record is retained in accordance with the 15.4.1.12 NMAC; and

                                                (f)            the aggregate amount of all prizes offered or given in all bingo games played in a single occasion shall not exceed $2,500, exclusive of pull-tabs, raffles and door prizes.

                F.            In the event of a power outage, with the approval of the majority of players the caller may continue by removing bingo balls from the hopper manually.

[15.4.7.11 NMAC - Rp, 15.4.2.11 NMAC, 2/23/2021]

 

15.4.7.12               RECORD OF NUMBERS DRAWN:  A written record shall be compiled and retained by the licensee for a period of 60 days of all bingo numbers, in the order the numbers are called, when the bingo game payoff is $600 or more.

[15.4.7.12 NMAC - Rp, 15.4.2.12 NMAC, 2/23/2021]

 

HISTORY OF 15.4.7 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:

ABC Regulation No. 2B-9(E), Agreement Based Upon Percentage of Receipts Prohibited, Relating to Section 60-2B-9(E) NMSA 1978, filed 12/22/1982.

Regulation No. 2B-9(E), Agreement Based Upon Percentage of Receipts Prohibited, filed 3/29/1984.

Regulation No. 2B-6, Documentation Regarding Rented Premises, Relating to Section 60-2B-6 NMSA 1978, filed 5/14/1984.

 

History of Repealed Material:

15.4.7 NMAC, Bingo and Raffles - Conduct of Bingo, filed 9/16/2005 - Repealed, effective 3/27/2013.

15.4.7 NMAC, Bingo and Raffles - Conduct of Bingo, filed 3/27/2013 - Repealed, effective 2/23/2021.

 

Other History:

15.4.7 NMAC, Bingo and Raffles - Conduct of Bingo, filed 9/16/2005 replaced by 15.4.7 NMAC, Bingo and Raffles - Conduct of Bingo, effective 3/27/2013.

15.4.7 NMAC, Bingo and Raffles - Conduct of Bingo, filed 3/27/2013 replaced by 15.4.7 NMAC, Bingo and Raffles - Conduct of Bingo, effective 2/23/2021.