Senate Bill text for SB0517

SENATE BILL 517

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Ben D. Altamirano

AN ACT

RELATING TO GAMING; PROVIDING FOR FLEXIBLE HOURS OF OPERATION OF GAMING MACHINES, BINGO OR PULL TABS FOR GAMING OPERATORS THAT ARE NONPROFIT ORGANIZATIONS.

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

Section 1. Section 60-2B-8 NMSA 1978 (being Laws 1981, Chapter 259, Section 8) is amended to read:

"60-2B-8. PERSONS PERMITTED TO CONDUCT GAMES--PREMISES--EQUIPMENT--EXPENSES [COMPENSATION].--

A. No person shall hold, operate or conduct any games of chance under [any] a license issued under the Bingo and Raffle Act, except an active member of the organization to which the license is issued [and]. No person shall assist in the holding, operating or conducting of any games of chance under that license, except a person who is an active member or a member of an organization or association [which] that is an auxiliary to the licensee, a member of an organization or association of which the licensee is an auxiliary or a member of an organization or association [which] that is affiliated with the licensee by being, with it, auxiliary to another organization or association and except [bookkeepers or accountants] a person who is a bookkeeper or an accountant as provided in this section. No item of expense shall be incurred or paid in connection with the holding, operating or conducting of [any] a game of chance held, operated or conducted pursuant to [any] a license issued under that act, except bona fide expenses in reasonable [amount] amounts for goods, wares and merchandise furnished or services rendered, reasonably necessary for the holding, operating or conducting [thereof] of the game. No games of chance shall be conducted with [any] equipment except that which is owned or leased by the licensee.

B. The officers of a licensee shall designate a bona fide active member of the licensee to be in charge of and primarily responsible for the conduct of the games of bingo or lotto on each occasion. The member in charge shall supervise all activities on the occasion for which [he] the member is in charge and be responsible for the making of the required report. The member in charge shall be familiar with the provisions of the state laws, the rules and regulations of the licensing authority and the provisions of the license. [He] The member in charge shall be present on the premises continuously during the games and for a period of at least thirty minutes after the last game.

C. The officers of a licensee shall designate an officer to be in full charge and primarily responsible for the proper utilization of the entire net proceeds of any game in accordance with state law.

D. The entire net proceeds of any game shall be devoted to a lawful use [or uses].

E. Each license issued for the conduct of games of chance shall be conspicuously displayed at the place where [any] a game is being conducted at all times during the conduct of the game and for at least thirty minutes after the last game has been concluded.

F. The premises where [any] a game of chance is being held, operated or conducted or where it is intended that any equipment be used shall at all times be open to inspection by the licensing authority, its agents and employees and by peace officers of [any] a political subdivision of the state.

G. No licensee may hold, operate or conduct a game of bingo or lotto more often than on two hundred sixty occasions in [any] a calendar year.

H. When [any] a merchandise prize is awarded in a game of bingo, its value shall be its current retail price. No merchandise prize shall be redeemable or convertible into cash directly or indirectly.

I. Equipment, prizes and supplies for games of bingo shall not be purchased or sold at prices in excess of the usual price [thereof] of the equipment, prizes and supplies.

J. The aggregate amount of all prizes offered or given in all games played on a single occasion shall not exceed [one thousand five hundred dollars ($1,500)] three thousand dollars ($3,000), which shall be exclusive of pull tabs.

K. No games shall be conducted more than five times in any one calendar week, with no game lasting more than four hours on each occasion and not more than two occasions in one calendar day by any one licensee. For licensees that are also nonprofit gaming operator licensees licensed pursuant to the Gaming Control Act, the licensee may sell pull tabs anywhere on its premises during the hours in which gaming machines may be operated.

L. The net profits derived from the holding of games of chance [must] shall be devoted to the lawful purposes of the organization permitted to conduct the games. [Any] An organization desiring to hold the net profits of games of chance for a period longer than one year [must] shall apply to the licensing authority for special permission, and, upon good cause shown, the authority shall grant the request.

M. [Any] A licensee [which] that does not report, during any one-year period, net profits [will] shall be required to show cause before the licensing authority why its right to conduct games of bingo should not be revoked.

N. No person shall assist in the holding, operating or conducting of a bingo game under [any] a license except bona fide active members of the licensee, active members of [any] an organization [which] that is an auxiliary to the licensee or active members of an organization [which] that is affiliated with the licensee by being, with it, auxiliary to another organization.

O. The equipment used in the playing of bingo and the method of play shall be such that each card has an equal opportunity to be a winner. The objects or balls to be drawn shall be essentially the same as to size, shape, weight, balance and all other characteristics that may influence their selection. All objects or balls shall be present in the receptacle before each game is begun. All numbers announced shall be plainly and clearly audible to all the players present. Where more than one room is used for [any] one game, the receptacle and the caller [must] shall be present in the room where the greatest number of players are present, and all numbers announced shall be plainly audible to the players in the [aforesaid] room where the receptacle and caller are and [also] audible to the players in the other rooms. A fair and equal chance shall be given to all participants, and [any] a licensee, its representative, agent or employees whose acts or action may tend to negate the "right of equal chance" shall constitute grounds for revoking [such] the license.

P. The receptacle and the caller who removes the objects or balls from the receptacle [must] shall be visible to all the players at all times, except where more than one room is used for [any] one game, in which case the provisions of Subsection O of this section shall prevail.

Q. The particular arrangement of numbers required to be covered in order to win the game and the amount of the prize shall be clearly and audibly described and announced to the players immediately before each game is begun.

R. [Any] A player is entitled to call for a verification of all numbers drawn at the time a winner is determined and for a verification of the objects or balls remaining in the receptacle and not yet drawn. The verification shall be made in the immediate presence of the member designated to be in charge of the occasion [but] or, if [such] that member is also the caller, [then] in the immediate presence of [any] an officer of the licensee.

S. In the playing of bingo, no person who is not physically present on the premises where the game is actually conducted shall be allowed to participate as a player in the game.

T. No person shall act as a caller in the conduct of [any] a game of bingo unless [he] the person has been a member in good standing of the licensee conducting the game or one of its licensed auxiliaries for at least six months immediately prior to the date of [such] the game, is of good moral character and has never been convicted of a felony.

U. No owner, co-owner or lessee of the premises [or] and, if a corporation is the owner of the premises, [any] no officer, director or stockholder owning more than ten percent of the outstanding stock shall be a person responsible for or assisting in the holding, operating or conducting of [any] a game of bingo."

Section 2. Section 60-2E-28 NMSA 1978 (being Laws 1997, Chapter 190, Section 30, as amended) is amended to read:

"60-2E-28. GAMING OPERATOR LICENSEES--SPECIAL CONDITIONS FOR NONPROFIT ORGANIZATIONS--NUMBER OF GAMING MACHINES--DAYS AND HOURS OF OPERATIONS.--

A. A nonprofit organization may be issued a gaming operator's license to operate licensed gaming machines on its premises to be played only by active and auxiliary members.

B. No more than fifteen gaming machines may be offered for play on the premises of a nonprofit organization gaming operator licensee.

C. [No] A gaming machine on the premises of a nonprofit organization gaming operator licensee [may] shall not award a prize that exceeds four thousand dollars ($4,000).

D. Gaming machines may be played on the premises of a nonprofit organization gaming operator licensee [from 12:00 noon until 12:00 midnight] every day, provided that gaming machines are not operated for more than twelve hours on any day. A nonprofit organization gaming operator licensee shall notify the board at the time it renews its license of the hours during which that nonprofit organization plans to allow the operation of gaming machines on its premises. A nonprofit organization gaming operator licensee may change the hours it plans to allow operation of gaming machines by submitting a change in hours for approval to the board prior to the first day of the month in which the change is to become effective."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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