License Classifications

A. Licenses include: (1) manufacturer’s license, which authorizes the approved licensee to manufacture, produce, or sell to licensed distributors or licensed qualified organizations, any equipment or supplies for the conduct of games of chance in the state or for sale outside the state in accordance with the act and board rules; (2) distributor’s license, which authorizes the approved licensee to buy, sell, distribute or market any equipment or supplies for the conduct of games of chance in the state or outside the state in accordance with the act and board rules; and 15.4.2 NMAC 2 (3) and bingo and raffle operator’s license, which authorizes a qualified organization to acquire equipment and supplies for the conduct of games of chance and to conduct games of chance on the licensed premises. B. Other approvals include: (1) staff permit, which authorizes the participation of the holder in the conduct of games of chance; staff permit for bingo caller, bingo manager, alternate bingo manager, accountant, all bingo employees, and any other position deemed necessary by the board; (2) approval and classification of games of chance as either bingo, raffle, or pull-tabs; and (3) approval to amend a license to show a change in the name and address of the permittees of the licensee under whom the games of chance shall be held. Should there be any change to the permittees listed on the license; the licensee shall be responsible for submitting the proper documentation within 10 days. [15.4.2.9 NMAC - Rp, 15.4.2.9 NMAC, 2/23/2021] 15.4.2.10 APPLICATIONS, STATEMENTS, AND NOTICES - FORM AND GENERAL REQUIREMENTS: A. Every application, statement, and notice required to be filed under the act or this rule shall be submitted on forms prescribed by the board and shall contain such information and documents as specified. B. The applicant shall file with the application all requested information requested by the board. The application requires full disclosure of all information requested therein. The failure to provide all required and requested information may result in denial or delay in consideration of the application. C. Upon request of the board or its agents, the applicant shall provide any additional information. The applicant shall provide all requested documents, records, supporting data, and other information within the time period specified in the request, or if no time is specified, within 15 days of the date of the request. If the applicant fails to provide the requested information within the required time period as set forth in the request or this rule, the board may deny the application unless the applicant can show good cause. D. All information required to be included in a renewal application shall be true and complete as of the date of board action sought by the applicant. If there is any change in the information submitted to the board in the renewal application, the applicant shall file, within five days of the change, a written amendment disclosing all facts necessary to adequately inform the board of the change in circumstances before the board takes the requested action. E. The application and any amendments shall be sworn to or affirmed by the applicant before a notary public. F. At the board’s discretion an applicant may be required to submit to a background investigation. G. Neither the state, the board, or any agency with which the board contracts to conduct background investigations, or the employees of any of the foregoing, shall be held liable for any inaccurate information obtained through such an investigation. H. The applicant shall cooperate fully with the board and its agents with respect to background investigation of the applicant, including, upon request, making available any and all of its books and records for inspection. The board may examine the background, personal history, financial associations, character, record and reputation of the applicant to the extent the board determines is necessary to evaluate the qualifications and suitability of the applicant. I. The board may deny the application of any applicant that refuses or fails to provide any information requested by the board or its agents, provides incomplete or false information, or refuses to submit to a background investigation to the extent the board determines is necessary to evaluate the qualifications for a suitability of the applicant. J. All new applications submitted to the board shall be completed within 30 days of the initial submission of the application, which time may be extended by the board upon good cause. Failure to complete the application within such time period shall result in the forfeiture of all licensing fees. Applicant shall be required to re-submit a new application with licensing fees should the applicant still wish to pursue licensure. K. An applicant may amend the application at any time prior to final action by the board. The date of receipt of the amendment by the board shall establish the new filing date of the application with respect to the time requirements for action on the application. L. An amendment to an application filed by the applicant after the date on which the board has taken the action sought under the application, if the amendment is approved by the board, shall become effective on the date determined by the board. 15.4.2 NMAC 3 M. An applicant may file a written request for withdrawal of the application at any time prior to final action on the application by the board. [15.4.2.10 NMAC - Rp, 15.4.3.10 NMAC, 2/23/2021] 15.4.2.11 REQUIREMENTS FOR DISCLOSURE IN APPLICATION; CONTENTS OF APPLICATION: The applicant for a bingo and raffle operator’s license shall submit with the application a proposed plan for the conduct of games of chance. Failure to include any of the following shall constitute an incomplete application. The plan shall include the following: A. a physical address where games of chance will be conducted, mailing and physical address of the administrative office where all documentation for games of chance are kept; B. a floor plan; C. a copy of the applicant’s current charter, articles of incorporation, or bylaws; D. a list of the organization’s current official roster of active and auxiliary members; E. proof of organization’s tax exempt status, if applicable; F. if conducting pull-tab dispenser sales without concurrent bingo events, applicants that are not a veterans’ or fraternal organization, shall include proof of IRS 501 (c)(3) tax exempt status; G. if a charitable organization, documentation of the preceding four quarters or the last calendar year’s activities in furtherance of a charitable purpose. Activities in furtherance of a charitable purpose include: (1) services provided directly by the organization for a charitable purpose; (2) monetary donations to other charitable organizations; (3) goods donated to individuals and organizations for a charitable purpose, substantiated by the names of the recipients, description of items donated and receipts for any items purchased by the organization prior to donation; (4) a charitable contribution shall be made to an organization outside the state of New Mexico only if the organization is either a charitable organization under Section 501(c)(3) of the Internal Revenue Code or the organization is the qualified organization’s national organization and the distribution is used for charitable purposes. H. evidence of good standing with the public regulation commission, parent organization, and the attorney general’s office if applicable; I. a description of all games of chance that the licensee will conduct for each approved occasion including: (1) the order in which games will be played; (2) the patterns needed to win; (3) whether the prize payout is based on sales or attendance; and (4) the price of each type of bingo card(s) offered for sale. J. a payout schedule of the games of chance; if the applicant chooses to award prizes contingent on the number of patrons who play, separate payout schedules shall be submitted to the board in addition to announcing and posting the time of the attendance count; the attendance count shall be conducted 10 minutes prior to the start of each occasion; only schedules submitted to the board shall be used to pay prizes; issuance of the license constitutes approval of the payout schedule; K. if checks will be used as an optional payout for prizes; L. the days and times of each occasion where games of chance are held; M. the house rules; N. the name, address of the in-state financial institution where a bingo operating account has been established and into which all gross receipts from games of chance will be deposited; O. bank signature card with all signatures and names of authorized signors on the bingo operating account; any changes to signatories on the bingo operating account, including additions and deletions, require notification to the board within three days; P. a copy of any contract to lease the licensed premises or bingo equipment from a lessor or distributor; and Q. any other information requested by the board or its agents.