HOUSE BILL 756

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Antonio "Moe" Maestas

AN ACT

RELATING TO LIQUOR; AMENDING A SECTION OF THE LIQUOR CONTROL ACT TO ALLOW CONTESTS BASED ON SKILL IN LICENSED PREMISES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 30-19-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 19-1, as amended) is amended to read:

     "30-19-1. DEFINITIONS RELATING TO GAMBLING.--As used in Chapter 30, Article 19 NMSA 1978:

          A. "antique gambling device" means a gambling device manufactured before 1970 and substantially in original condition that is not used for gambling or commercial gambling or located in a gambling place;

          B. "bet" means a bargain in which the parties agree that, dependent upon chance, even though accompanied by some skill, one stands to win or lose anything of value specified in the agreement. A bet does not include:

                (1) bona fide business transactions that are valid under the law of contracts, including:

                     (a) contracts for the purchase or sale, at a future date, of securities or other commodities; and

                     (b) agreements to compensate for loss caused by the happening of the chance, including contracts for indemnity or guaranty and life or health and accident insurance;

                (2) offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the bona fide owners of animals or vehicles entered in such contest;

                (3) a lottery as defined in this section; or

                (4) betting otherwise permitted by law, including Texas hold 'em pursuant to Section 60-7A-19 NMSA 1978;

          C. "gambling device" means a contrivance other than an antique gambling device that is not licensed for use pursuant to the Gaming Control Act and that, for a consideration, affords the player an opportunity to obtain anything of value, the award of which is determined by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the device;

          D. "gambling place" means a building or tent, a vehicle, whether self-propelled or not, or a room within any of them that is not within the premises of a person licensed as a lottery retailer or that is not licensed pursuant to the Gaming Control Act, one of whose principal uses is:

                (1) making and settling of bets;

                (2) receiving, holding, recording or forwarding bets or offers to bet;

                (3) conducting lotteries; or

                (4) playing gambling devices; and

          E. "lottery" means an enterprise wherein, for a consideration, the participants are given an opportunity to win a prize, the award of which is determined by chance, even though accompanied by some skill. "Lottery" does not include the New Mexico state lottery established and operated pursuant to the New Mexico Lottery Act or gaming that is licensed and operated pursuant to the Gaming Control Act. As used in this subsection, "consideration" means anything of pecuniary value required to be paid to the promoter in order to participate in a gambling or gaming enterprise."

     Section 2. Section 60-7A-19 NMSA 1978 (being Laws 1981, Chapter 39, Section 96, as amended) is amended to read:

     "60-7A-19. COMMERCIAL GAMBLING ON LICENSED PREMISES.--

          A. It is a violation of the Liquor Control Act for a licensee to knowingly allow commercial gambling on the licensed premises.

          B. In addition to any criminal penalties, [any] a person who violates Subsection A of this section may have [his] the person's license suspended or revoked or a fine imposed, or both, pursuant to the Liquor Control Act.

          C. As used in this section:

                (1) "commercial gambling" means:

                     (a) participating in the earnings of or operating a gambling place;

                     (b) receiving, recording or forwarding bets or offers to bet;

                     (c) possessing facilities with the intent to receive, record or forward bets or offers to bet;

                     (d) for gain, becoming a custodian of anything of value bet or offered to be bet;

                     (e) conducting a lottery where both the consideration and the prize are money, or whoever with intent to conduct a lottery possesses facilities to do so; or

                     (f) setting up for use for the purpose of gambling, or collecting the proceeds of, [any] a gambling device or game; and

                (2) "commercial gambling" does not mean:

                     (a) activities authorized pursuant to the New Mexico Lottery Act;

                     (b) the conduct of activities pursuant to Subsection D of Section 30-19-6 NMSA 1978; [and]

                     (c) gaming authorized pursuant to the Gaming Control Act on the premises of a gaming operator licensee licensed pursuant to that act; and

                     (d) bona fide contests that offer purses, prizes or premiums to the actual contestants for the determination of skill, including Texas hold 'em contests."

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