N.M. Admin. Code § 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.
(2)
"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)
"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)
"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:
[RESERVED]
(1)
"Person"
means a legal entity or individual.
(2)
"Petitioner" means the board
or the board's representative.
(3)
"Premises" means the land together with all buildings,
improvements and personal property located on the land, either leased or owned
by the licensee.
(4)
"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)
"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: [RESERVED]
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:
Y.
Definitions
beginning with Y: [RESERVED]
Z.
Definitions beginning with Z:
[RESERVED]
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