TITLE 15 GAMBLING
AND LIQUOR CONTROL
CHAPTER 6 BOXING,
WRESTLING, AND MARTIAL ARTS
PART 13 CLOSED
CIRCUIT TELECASTS
15.6.13.1 ISSUING AGENCY: New Mexico Athletic Commission.
[15.6.13.1 NMAC - N, 03-23-2002]
15.6.13.2 SCOPE: The provisions in Part 13 apply to all circuit
telecasting of events regulated by the commission.
[15.6.13.2 NMAC - N, 03-23-2002]
15.6.13.3 STATUTORY
AUTHORITY: Part 13 of Chapter 6 of
Title 15 is promulgated pursuant to the Professional Athletic Competition Act,
Sections 60-2A-1 through 60-2A-30, NMSA 1978 (1980 Repl. Pamp.).
[15.6.13.3 NMAC - N,
03-23-2002]
15.6.13.4 DURATION: Permanent.
[15.6.13.4 NMAC - N,
03-23-2002]
15.6.13.5 EFFECTIVE
DATE: March 23, 2002, unless a later
date is cited at the end of a section.
[15.6.13.5 NMAC - N,
03-23-2002]
15.6.13.6 OBJECTIVE: The objective of Part 13 of Chapter 6 is to set forth
all commission regulations regarding closed circuit telecasts of any boxing,
wrestling, martial arts events regulated by the commission.
[15.6.13.6 NMAC - N, 03-23-2002]
15.6.13.7 DEFINITIONS:
A. “Distributor” refers to any person who purchases, acquires, owns and
holds the distribution rights for a closed circuit telecast of an event
regulated by the commission to be viewed in New Mexico; and who intends to
sell, sells, or in some manner extends such distribution rights in part to
another person or entity.
B. “Broadcast” means any audio or
visual image sent by radio or television signals.
C. “Closed circuit telecast” means
any telecast that is not intended to be available for viewing without the
payment of a fee for the privilege of viewing the telecast and includes the
term “pay-per-view”. This definition
includes, but is not limited to, telecasts to arenas, bars, lounges, clubs,
entertainment or meeting centers and private residences.
D. “Podcast” (or non-streamed
webcast) is a series of digital media files, either audio or video, that are
released episodically and often downloaded through web syndication.
E. “Webcast” is a media file
distributed over the internet using streaming media technology to distribute a
single content source to many simultaneous listeners/viewers. A webcast may either be distributed live or
on demand. Webcasting is “broadcast”
over the internet.
F. “Streaming media” is multimedia
that is constantly received by, and normally presented to, an end-user while
being delivered by a streaming provider.
The name refers to the delivery method of the medium rather than to the
medium itself. Live streaming, more
specifically, means taking the video and broadcasting it live over the
internet.
[15.6.13.7 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.13.8 REQUIREMENTS
FOR CLOSED CIRCUIT TELECASTS:
A. Licensed promoter required: Closed circuit telecasts of unarmed combat events
shall not be telecast, podcast or webcast from, or into, New Mexico except
under the auspices of a licensed promoter who shall be responsible for filing
the appropriate reports and tax payments with the commission as referenced
herein.
B. Event permit required: The promoter shall
complete and submit to the commission a completed application form for an event
permit disclosing the dates, locations, and cities intended for closed circuit
telecast, podcast or webcast of the commission regulated event in the state of
New Mexico. The promoter is prohibited
from selling or negotiating the sale of rights to broadcast such closed circuit
telecast to any person prior to receiving an event permit from the commission.
C. Tickets required.
(1) Tickets are required
for the closed circuit telecast of any event regulated by the commission.
(2) All tickets must be
printed by a printer approved by the commission.
(3) All tickets for the
event shall be delivered to the commission or the commission’s
representative. The tickets shall be
delivered in a sealed container along with a manifest certifying the actual
number of tickets printed.
(4) The commission or the
commission’s representative will audit the tickets before returning them to the
promoter.
(5) Tickets may only be sold after they have
been audited by the commission or the commission’s representative.
D. Insurance required: The promoter shall furnish to the commission
proof of insurance to cover injury to spectators attending the closed circuit
telecast event. The promoter shall also
have “signal interruption” insurance available, if requested by the commission.
E. Licensing required for all event personnel: All box office employees, ticket takers, and
doormen at any closed circuit telecast events shall be licensed by the commission;
whether the events are held at arenas, bars, lounges, clubs, entertainment or
meeting centers, etc.
F. [RESERVED]
G. Reports required.
(1) A written report on
forms provided by the commission shall be filed by any promoter holding,
showing, or telecasting any commission-regulated event via closed circuit
telecast, podcast or webcast viewed within New Mexico, whether or not the
broadcast, podcast or webcast originated in New Mexico.
(2) The report shall
state the number of tickets or orders sold, and the amount of gross receipts
from the sale of tickets or order, excluding federal and state sales taxes.
H. International sanction rules: The commission must approve
international sanctioning body rules that vary from the commission’s rules.
[15.6.13.8 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.13.9 [RESERVED]
[15.6.13.9 NMAC - N, 03-23-2002]
15.6.13.10 CABLE
TELEVISION SYSTEM PAY-PER-VIEW TELECASTS:
A. Promoter’s preliminary report required: A promoter
broadcasting a closed circuit telecast utilizing a cable television system’s
pay-per-view facilities shall file a report with the commission within
seventy-two (72) hours following the date of the telecast, and estimating the
number of orders sold.
B. Cable system operator’s report required: Each cable television system operator whose
pay-per-view facilities were utilized to telecast a closed circuit program
event program shall file a report with the commission within fifteen (15)
calendar days following the date of the telecast, podcast or webcast and
stating the number of orders sold.
C. Promoter’s final report required: The promoter shall file a final report with
the commission within thirty (30) calendar days following the date of the
telecast, and stating the number of orders sold. The report will be accompanied by a fee payment
of five percent (5%) of the total gross receipts from all orders sold,
excluding federal and state sales taxes.
[15.6.13.10 NMAC - N,
03-23-2002; A, 08-26-2012]
15.6.13.11 NON-CABLE
TELEVISION SYSTEM TELECASTS:
A. Promoter’s report required: A promoter holding, showing, or telecasting a
closed circuit telecast utilizing facilities other than a cable television
system’s pay-per-view, shall file a report with the commission within
seventy-two (72) hours following the date of the telecast.
B. Report and fee payment to commission:
The report shall be accompanied by a fee
payment of five percent (5%) of the total gross receipts derived from the sale
of tickets, excluding federal and state sales taxes.
[15.6.13.11 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.13.12 HOTEL
AND MOTEL TELECASTS:
A. Licensed promoter not required: New Mexico law does not currently require a
licensed promoter for closed circuit telecasts, podcast or webcast of unarmed
combat event programs provided in-room by hotels or motels.
B. Report and supervisory fees required: Each hotel or motel facility or establishment
providing in-room closed circuit telecasts of boxing, wrestling, or martial
arts event programs will be responsible for filing a report with the commission
within seventy-two (72) hours after each telecast, podcast or webcast of the
event. The report shall be accompanied
by a payment of the appropriate supervisory fee due.
[15.6.13.12 NMAC - N,
03-23-2002; A/E, 10-11-2005; A, 08-26-2012]
15.6.13.13 PENALTIES
FOR FAILURE TO REPORT OR PAY TAXES:
A. Promoter: The commission shall levy a fine on any
promoter who fails to file either or both the report and tax payment within the
prescribed time frame for any closed circuit telecast of a commission-regulated
event in the state of New Mexico.
(1) The commission shall
waive the fine if it determines that the promoter was not at fault for the
failure to file either or both the report and tax payment with the commission.
(2) Lost or misdirected
mail shall not be grounds for waiving the fine.
B. Hotels and motels: The commission shall levy a fine on any hotel
or motel facility or establishment that fails to file either or both the report
and supervisory fee payment within the prescribed time frame for any closed
circuit telecast, podcast or webcast of a commission-regulated event in the state
of New Mexico.
(1) The commission shall
waive the fine if it determines that the hotel or motel facility or
establishment was not at fault for the failure to file either or both the
report and fee payment with the commission.
(2) Lost or misdirected
mail shall not be grounds for waiving the fine.
[15.6.13.13 NMAC - N, 03-23-2002; A/E, 10-11-2005; A, 08-26-2012]
15.6.13.14 TELEVISION
TECHNICIANS REQUIRED: A qualified television technician shall be
present at each location where a closed circuit telecast of a commission-regulated
event is being presented.
A. Promoter’s responsibilities.
(1) It is the
responsibility of the promoter to ensure that there is a qualified television
technician present at each televised event.
(2) Two days prior to the
scheduled event, the promoter shall furnish the commission with the names of
all such television technicians.
B. Commission approves technicians: Televisions
technicians must be approved by the commission.
The commission reserves the right to disapprove the event if it
determines that the television technician is not qualified.
[15.6.13.14 NMAC - N, 03-23-2002]
HISTORY of 15.6.13 NMAC:
Pre-NMAC History: Material in the part was
derived from that previously filed with the Commission of Public Records - State
Records Center and Archives:
NMAC 80-13, Closed Circuit
T.V., filed 9-24-80.
NMAC Rule 92-15, Closed
Circuit Telecasts, filed 8-17-92.
NMAC Rule 92-1, Definitions,
filed 8-17-92.
Those relevant portions of
NMAC Rule 95-1, Definitions, filed 5-5-95.
History of Repealed Material:
NMAC Rule
95-1 (aka 15 NMAC 6.1), Definitions, filed 5-5-95; repealed effective 03-23-2002.
NMAC Rule 92-15 (aka 15 NMAC
6.13) Closed Circuit Telecasts, filed 8-17-92; repealed effective 03-23-2002.
Other History:
NMAC Rule 95-1 was recompiled
into the first version of the New Mexico Administrative Code as 15 NMAC 6.1 and
named Definitions.
NMAC Rule 92-15 was
recompiled into the first version of the New Mexico Administrative Code as 15
NMAC 6.13 and named Closed Circuit Telecasts.
15.6.13 NMAC, Closed Circuit
Telecasts, replaced 15 NMAC 6.13, Closed Circuit Telecasts, effective
03-23-2002.