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, 4/15/2013]
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, 4/15/2013]
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]. Section 60-2F-6 H 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, 4/15/2013]
15.4.7.4 DURATION: Permanent.
[15.4.7.4 NMAC - Rp, 15.4.7.4
NMAC, 4/15/2013]
15.4.7.5 EFFECTIVE DATE: April 15, 2013, unless a later date is cited at the
end of a section.
[15.4.7.5 NMAC - Rp, 15.4.7.5
NMAC, 4/15/2013]
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, 4/15/2013]
15.4.7.7 DEFINTIONS: [Reserved]
[15.4.7.7 NMAC - Rp, 15.4.7.7
NMAC, 4/15/2013]
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, including specials, 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
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, the caller shall require an
employee on the floor checking the bingo 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 individuals shall be
assigned the duty of paying off bingo winners; winners shall not be paid by individuals
selling specials from their change fund or money they have in their possession
from sale of specials; after
the money from each special has been turned in and counted, it may be used to
make prize payoffs.
[15.4.7.8
NMAC - Rp, 15.4.2.8 NMAC, 4/15/2013]
15.4.7.9 BINGO OPERATIONS:
A. The 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 licensee.
C. Start up and close out of an occasion
shall be conducted in the following manner:
(1) a
payout schedule of all bingo games 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 ten minutes prior to the occasion;
(3) prior to
the start of the game, all bingo prizes or prize money shall be on the licensed
premises;
(4) at the close out of each
occasion, the bingo manager shall count all gross receipts to include all cash,
checks, and promotional, discounted or free games at the full price; the bingo
manager shall record all gross receipts 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 worker or authorized person shall immediately count and verify the cash
and cosign the bank deposit slip;
(6) cash, coin and checks 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 day; and
(8) the
bingo manager and one other employee, shall ensure proper separate and accurate
reporting of each of the occasions to include separate deposit slips that
reflect separate receipts from each occasion.
D. Paper cards shall be used for all bingo
games including but not limited to master cards, extra cards or special cards.
Paper cards may be used for multiple games but shall not be used for multiple
occasions.
E. Licensee shall include in its count of
occasions any occasion conducted by an unlicensed auxiliary.
F. No bingo occasion shall begin prior to
9:00 a.m. or later than midnight.
[15.4.7.9
NMAC - Rp, 15.4.2.8 NMAC, 4/15/2013]
15.4.7.10 SALE OF BINGO CARDS:
A. Sale and use of bingo cards:
(1) bingo
cards shall not be sold on credit;
(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 special cards will
be sold to a player who has not purchased a master card;
(5) all
master and extra cards other than promotional cards shall be sold at a set
price; the price of each type of card shall be posted; and
(6) if
each person playing bingo is required to have master cards and is allowed to
play extra cards in the same game, then the cash 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 these sales shall be kept separate from the current
occasion’s sales.
D. Each employee selling specials or
disposable bingo cards shall be assigned a number and a matching numbered box.
The assigned number shall be recorded by name on the duty record.
E. The bingo manager shall issue specials
to the employees. These specials or disposable bingo cards shall be controlled
by manufacturers' identification number and consecutive serial number. The
exact number of specials or disposable bingo cards given each worker shall be
recorded.
F. When an employee completes selling cards
for a special game, that employee shall place the unsold specials and the money
from such sales and change fund in their assigned box. The bingo manager shall
count the money, subtract the original change fund, and compare cards sold
against the cash turned in. Any shortage in the cash shall not be deducted from
the gross receipts.
[15.4.7.10
NMAC - Rp, 15.4.2.10 NMAC, 4/15/2013]
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;
(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; and
(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 has been verified;
(4) if it
is a bingo the ball is returned to the machine and the game is over;
(5) if a
game is stopped for a bingo which proves not to be valid, the caller will then
call the ball being held at the time the game was stopped;
(6) the worker 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 is a valid bingo by watching the card as the numbers are called;
(7) the
caller shall require the worker on the floor checking the bingo to read off the
manufacturer's identification number and serial number of each winning card;
(8) the worker on the floor
shall call the numbers of the winning combination to the bingo caller, or, in
case of a "cover-all" bingo, the caller may call the numbers that
have not been called; 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 employee shall call the 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 bingo game with the
prize(s) equal to the gross receipts, “winner take all”, 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) 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
prizes of all games in the occasion shall not exceed $2,500.
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, 15.4.2.10 NMAC, 4/15/2013]
15.4.7.12 RECORD OF NUMBERS DRAWN: A
written record shall be compiled and retained by the licensee for a period of
30 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, 15.4.2.15 NMAC, 4/15/2013]
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 12/22/82.
Regulation
No. 2B-9(E), Agreement Based Upon Percentage of
Receipts Prohibited, filed 3/29/84.
Regulation
No. 2B-6, Documentation Regarding Rented Premises, Relating to Section 60-2B-6
NMSA 1978, filed 5/14/84.
History of Repealed Material:
15.4.7 NMAC, Premises, filed 9/16/2005 - Repealed, effective
4/15/2013.