44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO GAMING; INCREASING THE NUMBER OF LICENSED GAMING MACHINES THAT MAY BE OPERATED BY A RACETRACK GAMING MACHINE LICENSEE.

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

Section 1. Section 60-2E-27 NMSA 1978 (being Laws 1997, Chapter 190, Section 29) is amended to read:

"60-2E-27. GAMING OPERATOR LICENSEES--SPECIAL CONDITIONS FOR RACETRACKS--NUMBER OF GAMING MACHINES--DAYS AND HOURS OF OPERATIONS.--

A. A racetrack licensed by the state racing commission pursuant to the Horse Racing Act to conduct live horse races or simulcast races may be issued a gaming operator's license to operate gaming machines on its premises where live racing is conducted.

B. A racetrack's gaming operator's license shall automatically become void if:

(1) the racetrack no longer holds an active license to conduct pari-mutuel wagering; or

(2) the racetrack fails to maintain a minimum of three live race days a week with at least nine live races on each race day during its licensed race meet in the 1997 calendar year and in the 1998 and subsequent calendar years, four live race days a week with at least nine live races on each race day during its licensed race meet.

C. [A gaming operator licensee that is a racetrack may have up to three hundred licensed gaming machines, but] The number of gaming machines to be located on the [licensee's] premises of a racetrack that holds a gaming operator's license shall be specified in the [gaming operator's] license. The number of licensed gaming machines authorized for a racetrack that holds a gaming operator's license is based upon the number of live race days held in a calendar year by the licensee as follows:

(1) up to three hundred if seventeen through thirty live race days are held;

(2) up to four hundred fifty if thirty-one through forty-five live race days are held;

(3) up to six hundred if forty-six through sixty live race days are held;

(4) up to seven hundred fifty if sixty-one through seventy-five live race days are held;

(5) nine hundred if seventy-six through ninety live race days are held; and

(6) one thousand two hundred if ninety-one through three hundred sixty-five live race days are held.

D. Except as provided in Subsection F of this section, gaming machines on a racetrack gaming operator licensee's premises may be played only on days when the racetrack is either conducting live horse races or simulcasting horse race meets. A gaming operator licensee that is a racetrack shall be permitted to conduct such games on only the aforementioned days for a daily period not to exceed twelve hours at the discretion of such licensee.

E. Alcoholic beverages shall not be sold, served, delivered or consumed in the area restricted pursuant to Subsection F of Section [28 of the Gaming Control Act] 60-2E-26 NMSA 1978.

F. A gaming operator licensee that is a racetrack located on state land within the boundaries of a municipality with a population of more than two hundred thousand persons according to the 1990 decennial census shall not operate gaming machines later than 10:00 p.m. on any day of the year."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.