TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 4 BINGO AND RAFFLES
PART 11 VARIANCE PROCEDURES
15.4.11.1 ISSUING AGENCY: New Mexico Gaming Control Board.
[15.4.11.1 NMAC - Rp, 15.4.11.1 NMAC, 2/23/2021]
15.4.11.2 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.
[15.4.11.2 NMAC - Rp, 15.4.11.2 NMAC, 2/23/2021]
15.4.11.3 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.
[15.4.11.3 NMAC - Rp, 15.4.11.3 NMAC, 2/23/2021]
15.4.11.4 DURATION: Permanent.
[15.4.11.4 NMAC - Rp, 15.4.11.4 NMAC, 2/23/2021]
15.4.11.5 EFFECTIVE DATE: February
23, 2021, unless a later date is cited at the end of a section.
[15.4.11.5 NMAC - Rp, 15.4.11.5 NMAC, 2/23/2021]
15.4.11.6 OBJECTIVE: This rule establishes procedures for
requesting a temporary exemption to any rule within 15.4 NMAC that is not
directed by the act.
[15.4.11.6 NMAC - Rp, 15.4.11.6 NMAC, 2/23/2021]
15.4.11.7 DEFINITIONS: See 15.4.1.7 NMAC for applicable
definitions.
[15.4.11.7 NMAC - Rp, 15.4.11.7 NMAC, 2/23/2021]
15.4.11.8 GENERAL REQUIREMENTS: Licensee may seek a variance of limited
provisions of the New Mexico Bingo and Raffle Rules 15.4 NMAC.
[15.4.11.8 NMAC - Rp, 15.4.11.8 NMAC, 2/23/2021]
15.4.11.9 VARIANCE PROCEDURES:
A. The bingo manager may submit a variance request on a
form prescribed by the board, that shall include the
licensee’s name, license number, address, contact information and the specific part
of 15.4 NMAC which the variance is being sought.
B. The board shall not grant a variance to any
provision of the act.
C. The board or its agent shall review the request and
respond to the licensee in writing within 30 days of the request.
D. Factors the board may consider when granting or
denying a variance request include but are not limited to:
(1) impact on game
integrity;
(2) annual gross receipts;
(3) proximity of licensed
premise:
(a) to the financial
institution holding the operating account;
(b) to licensed
distributor; and
(c) to another
licensee’s licensed premise;
(4) number of occasions
per annum;
(5) staff, volunteer or
paid; and
(6) regulatory compliance
history.
E. A granted variance may be for a specific period of
time and shall not exceed the expiration date of the license. In the absence of
a specified period, the variance shall expire on the license expiration date.
F. The bingo manager may submit a request to renew a
variance with license renewal application using the form prescribed by the
board and the board’s staff shall review, grant or deny and respond to said
request within 30 days of receipt of request and independently of the approval
of the license renewal. Renewal of
license shall not automatically result in renewal of variance.
G. A copy of the approved variance request shall be
posted adjacent to the license at the licensed premise.
[15.4.11.9 NMAC - Rp, 15.4.11.9 NMAC, 2/23/2021]
15.4.11.10 APPEAL: The bingo manager may submit an appeal
of a denial of a variance request to the board in writing within 30 days of
notification of denial. The appeal shall comply with Subsection A of 15.4.14.9
NMAC.
[15.4.11.10 NMAC - Rp, 15.4.11.10 NMAC, 2/23/2021]
HISTORY
OF 15.4.11 NMAC: [RESERVED]
History of Repealed Material:
15.4.11 NMAC, Bingo and Raffles - Variance Procedures,
filed 3/27/2013 - Repealed 2/23/2021,
Other History:
15.4.11 NMAC, Bingo and Raffles - Variance Procedures,
filed 3/27/2013 replaced by 15.4.11 NMAC, Bingo and Raffles - Variance
Procedures, effective 2/23/2021.