New
Mexico Register / Volume XXXVI, Issue 17 / September 9, 2025
This
is an amendment to 15.4.1. NMAC, Section 7, effective 9/9/2025.
15.4.1.7 DEFINITIONS: Unless otherwise defined below, terms used
in this chapter have the same meanings as set forth in the New Mexico Bingo and
Raffle Act. The definitions set forth
below shall be applicable to all parts of this chapter.
A. Definitions beginning with A:
(1) “Accountant” means a game accountant as defined in the act who further is an
individual licensed by the board and designated by the bingo manager to fulfill
duties relating to accounting procedures and reporting including filing of all
board required quarterly reports and associated obligations, on behalf of the
licensee.
(2) “Act” means the New
Mexico Bingo and Raffle Act.
(3) “Agent” means any member
or employee of the New Mexico gaming control board or any other person
authorized to act on the board’s behalf.
(4) “Appellant” means a person
aggrieved by an action of the New Mexico gaming control board, who files a
request for hearing before the board.
(5) “Appellee” means the New
Mexico gaming control board, its agents or its representatives.
(6) “Applicant” means a person who
has applied for a license or approval of an act or transaction for which
approval is required or allowed pursuant to the provisions of the act.
(7) “Approved record” means those
records required by the act, or regulations promulgated there under which shall
be maintained on forms prescribed or approved by the New Mexico gaming control
board.
(8) “Alternate bingo manager” means an assistant
to the bingo manager permitted by the board who assumes overall responsibility
for supervising and managing the operation of games of chance in the bingo
manager’s absence. The alternate bingo
manager derives their authority from the licensed bingo manager. If an organization does not have a licensed
bingo manager, they cannot conduct games of chance.
(9) “Audit” means an
examination of an applicant’s or licensee’s accounting records, financial
situation, and business practices to determine compliance with, state law, or
rules adopted by the New Mexico gaming control board.
(10) “Auxiliary” means an
organization that has a qualified affiliation with a licensee in accordance
with a national and local charter, articles of incorporation, bylaws, or rules
of an official auxiliary organization.
B. Definitions beginning with B:
(1) "Bingo" means a game of chance in which each player has one or
more bingo cards printed with different numbers on which to place markers when
the respective numbers are drawn and announced by a bingo caller. Bingo also includes those games of chance
that do not contain an instant win component but contain numbers that must be
exposed by the player and the winning combination is
exposed by the draw of a bingo ball or by some other approved specific
event. The approved specific event must
consist of a method of randomly selecting numbers that correspond to the
numbers printed by the manufacturer.
(2) “Bingo caller” means the individual
who, in the game of bingo, draws and announces numbers.
(3) “Bingo employee” as defined in the act,
means a person, paid or volunteer, connected directly with a game of chance but
does not include nongaming personnel such as bartenders, cocktail servers or
other persons engaged solely in preparing or serving food or beverages; secretarial
or janitorial personnel; or stage, sound and light technicians. All bingo employees shall be permittees.
(4) “Bingo manager” means the person
responsible for overseeing bingo and pull-tab activities conducted pursuant to
a bingo license.
(5) “Bingo operating account” means an
independent operating bank account established for bingo operations only for
which all gross receipts and proceeds shall be maintained separately from
licensee’s general operating accounts.
(6) “Bingo tax” means the excise tax
imposed pursuant to Section 60-2F-21 NMSA 1978.
(7) “Bingo winning combination” means
numbers which have been announced by the bingo caller, and a player has covered
the predetermined arrangement and declares bingo, after which the pattern on
the winning card is independently verified by a bingo employee.
(8) “Board”
means the gaming control board or its designee.
C. Definitions beginning with C:
(1) “Change fund” means the cash
used for making change.
(2) “Charitable purposes” means activities
that promote, directly or indirectly, the well-being of the public at large or
that benefit of an indefinite number of persons in the state.
(3) “Completed application” means that the
application has been entirely filled in, the appropriate fee is attached,
additional documentation requested is provided and signatures with proper
notary are included.
(4) “Credit report” means a credit report
generated by any of the three major credit agencies in the United States, which
are equifax, experian and transunion.
D. Definitions beginning with D:
(1) “Deal” means a
predetermined pool of pull-tabs with the same serial number and a predetermined
number of winners.
(2) “Direct relative” means the
individual’s spouse or spousal equivalent, parent, mother-in-law,
father-in-law, brother-in-law, sister-in-law, brother, sister, child or
stepchild.
(3) “Door-prize” means a
promotional drawing where no additional consideration is charged for the chance
to play.
E. Definitions beginning with E:
(1) “Electronic transfer” means transactions
initiated through a financial institution which include ATM transactions,
direct deposits, withdrawals or point-of-sale transactions.
(2) “Employee” means a person,
paid or volunteer, who works in the service of the licensee, bingo or pull tab
operation or works for the qualified organization.
(3) “Enforcement
action” means an action by
the board or its agents that limits, conditions,
suspends or revokes a license or prior
approval issued by the board,
or an assessment
of a fine by the board, or any combination of the
foregoing.
(4) “Executive director” means the chief
administrative officer appointed by the board.
(5) “Extra cards” means other cards
sold at the door during a bingo occasion along with the master card. These cards are controlled by a separate
color or size and serial number from the master card. This does not include
special cards.
F. Definitions beginning with F:
(1) “Fee” includes all
license, approval, investigative costs, taxes and fines imposed by the board or
its agents.
(2) “Fine” means any monetary penalty assessed by the board or its agents for a violation of the
act after an administrative hearing has
been held or as
negotiated between the board or its agents and the applicant or licensee in settlement proceedings.
G. Definitions beginning with G:
[(1) “Game of chance” means an event in
which payment for participation is required, a winner or winners are identified
by an act of fate and prizes are awarded to the winners.] “Gross receipts” means proceeds
received by a bingo licensee from the sale of bingo cards, raffle tickets or
pull-tab tickets, the sale of rights in any manner connected with participation
in a game of chance or the right to participate in a game of chance, including
any admission fee or charge, the sale of playing materials, and all other
miscellaneous receipts.
H. Definitions beginning with H:
(1) “Hard cards” means a reusable
bingo card.
(2) “House rules” means rules
established by each licensee for items not covered by the act, or regulations
promulgated under the act or other provisions of law.
(3) “Hybrid game” means a game of
chance using pull-tabs as defined in the act which have both instant and
non-instant winnings. The non-instant
winnings are selected by drawing using a bingo blower or a seal card provided
by the manufacturer of the game. This
type of pull-tab game may be referred to as an “event game” or “side
game.” Hybrid game pull-tabs may only be
sold during a bingo occasion. Instant
winnings must be announced by the bingo caller during the same occasion in
which a hybrid game pull-tab deal is sold
I. Definitions beginning with I: [RESERVED]
J. Definitions beginning with J: [RESERVED]
K. Definitions beginning with K: [RESERVED]
L. Definitions beginning with L: “Licensed premises” means the area
that has been approved to conduct games of chance.
M. Definitions beginning with M:
(1) “Manufacturers central system” means
the hardware and software used to control, monitor, and retrieve information
from, all board approved pull-tab electronic dispensers.
[(1)] (2) “Master board” means the tray with five
rows and 15 columns that holds bingo balls removed from the hopper in spaces
specifically designated for each ball. This
is the official score board for a bingo game.
[(2)] (3) “Master card” means the main bingo card in
use for the occasion that each player is required to have in their possession
to play bingo. This is sometimes referred to as the door or admission
card. This card is usually controlled by
using only one color or size card.
N. Definitions beginning with N: [RESERVED]
O. Definitions beginning with O: [RESERVED]
P. Definitions beginning with P:
(1) “Person” means a legal
entity or individual.
(2) “Petitioner” means the board or
the board’s representative.
(3) “Point of sale system” means the
hardware and software to process payments and complete pull-tab transactions.
[(3)]
(4) “Premises” means the
land together with all buildings, improvements and personal property located on
the land, either leased or owned by the licensee.
[(4)]
(5) “Promotional games” means
all bingo games, raffle tickets and pull-tabs that are awarded as a door prize,
bingo prize, pull-tab prize or a free or reduced priced game, offered to any
player for any reason.
[(5)] (6) “Pull-tab
dispenser”
means a mechanical or electromechanical device that dispenses pull-tabs or
reads a bar-code printed on the exterior of the pull-tab and displays the win
or loss status of the pull-tab on a video display.
Q. Definitions
beginning with Q: [RESERVED]
R. Definitions beginning with R:
(1) “Records” mean inventory
records, bank records, accounting records, receipts, invoices, deposits,
employee logs, payroll, taxes, bingo and occasion documentation, and any other
document that is required under the current rules and the act.
(2) “Respondent” means a licensee or
person to which an approval has been granted and who is the subject of a
complaint issued by the board or its agents.
(3) “Retail value” means the price
set by a licensee to participate in a game of chance.
S. Definitions beginning with S:
(1) “Special card” means a bingo card
used for a specific game or games which is controlled by a separate color,
serial number and manufacturer’s identification number. Special cards are additional bingo cards sold
separately that entitle purchasers to participate in bingo games that cannot be
played on either a master card or an extra card.
(2) “Staff permit badge” means a hard
plastic card issued by the board or its agents with the licensee’s name,
expiration date and photograph.
(3) “State” means the state of
New Mexico.
T. Definitions
beginning with T:“Ticket in / ticket out” TITO means a bingo
operator licensee using a ticket in ticket out technology on a pull-tab
dispenser shall require the patron to personally present the ticket for
redemption at the licensee’s premises. A
licensee shall not redeem ticket by mail or by any common carrier. TITO tickets shall be redeemed at the end of
every session or they are void.
U. Definitions beginning with U: [RESERVED]
V. Definitions beginning with V:
(1) “Variance” means a temporary
exemption from a specific part or subpart of Title 15, Chapter 4, not to exceed
the date of renewal of a license.
(2) “Vendor” means distributors
and manufacturers of “equipment” as defined in the act.
W. Definitions beginning with W: “Willfully” means knowingly or purposefully.
X. Definitions
beginning with X: [RESERVED]
Y. Definitions
beginning with Y: [RESERVED]
Z. Definitions
beginning with Z: [RESERVED]
[15.4.1.7
NMAC - Rp, 15.4.1.7 NMAC, 2/23/2021; A, 9/9/2025]