HOUSE BILL 717

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

INTRODUCED BY

Thomas A. Garcia

AN ACT

RELATING TO GAMING; CHANGING PROVISIONS OF THE GAMING CONTROL ACT REGULATING PLAYERS' CLUB PROGRAMS.

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

     Section 1. Section 60-2E-26 NMSA 1978 (being Laws 1997, Chapter 190, Section 28) is amended to read:

     "60-2E-26. GAMING OPERATOR LICENSEES--GENERAL PROVISIONS--BUSINESS PLAN--PLAYER AGE LIMIT--RESTRICTIONS.--

          A. An applicant for licensure as a gaming operator shall submit with the application a plan for assisting in the prevention, education and treatment of compulsive gambling. The plan shall include regular educational training sessions for employees. Plan approval is a condition of issuance of the license.

          B. An applicant for licensure as a gaming operator shall submit with the application a proposed business plan. The plan shall include at least:

                (1) a floor plan of the area to be used for gaming machine operations;

                (2) an advertising and marketing plan;

                (3) the proposed placement and number of gaming machines;

                (4) a financial control plan;

                (5) a security plan;

                (6) a staffing plan for gaming machine operations; and

                (7) details of any proposed progressive systems.

           C. A gaming operator licensee shall be granted a license to operate a specific number of gaming machines at a gaming establishment identified in the license application and shall be granted a license for each gaming machine.

          D. A gaming operator licensee who desires to change the number of gaming machines in operation at a gaming establishment shall apply to the board for an amendment to [his] the gaming operator's license authorizing a change in the number of machines.

          E. Gaming machines may be available for play only in an area restricted to persons twenty-one years of age or older.

          F. A gaming operator licensee shall erect a permanent physical barrier to allow for multiple uses of the premises by persons of all ages. For purposes of this subsection, "permanent physical barrier" means a floor-to-ceiling wall separating the general areas from the restricted areas. The entrance to the area where gaming machines are located shall display a sign that the premises are restricted to persons twenty-one years of age or older. Persons under the age of twenty-one shall not enter the area where gaming machines are located.

          G. A gaming operator licensee shall not have automated teller machines in the area restricted pursuant to Subsection F of this section.

          H. A gaming operator licensee shall not provide, allow, contract or arrange to provide alcohol or food for no charge or at reduced prices as an incentive or enticement for patrons to game; provided that a gaming operator licensee may offer rewards other than alcohol to patrons in exchange for points or credits accrued under any form of a players' club program.

          I. Only a racetrack licensed by the state racing commission or a nonprofit organization may apply for or be issued a gaming operator's license. No other persons are qualified to apply for or be issued a gaming operator's license pursuant to the Gaming Control Act."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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