N.M. Admin. Code § 15.4.11.9 - VARIANCE PROCEDURES

A. The bingo manager may submit a variance request on a form prescribed by the board, that shall include the licensee's name, license number, address, contact information and the specific part of 15.4 NMAC which the variance is being sought.

B. The board shall not grant a variance to any provision of the act.

C. The board or its agent shall review the request and respond to the licensee in writing within 30 days of the request.

D. Factors the board may consider when granting or denying a variance request include but are not limited to:

(1) impact on game integrity;

(2) annual gross receipts;

(3) proximity of licensed premise:

(a) to the financial institution holding the operating account;

(b) to licensed distributor; and

(c) to another licensee's licensed premise;

(4) number of occasions per annum;

(5) staff, volunteer or paid; and

(6) regulatory compliance history.

E. A granted variance may be for a specific period of time and shall not exceed the expiration date of the license. In the absence of a specified period, the variance shall expire on the license expiration date.

F. The bingo manager may submit a request to renew a variance with license renewal application using the form prescribed by the board and the board's staff shall review, grant or deny and respond to said request within 30 days of receipt of request and independently of the approval of the license renewal. Renewal of license shall not automatically result in renewal of variance.

G. A copy of the approved variance request shall be posted adjacent to the license at the licensed premise.

Notes

N.M. Admin. Code § 15.4.11.9

15.4.11.9 NMAC - N, 4/15/2013, Adopted by New Mexico Register, Volume XXXII, Issue 04, February 23, 2021, eff. 2/23/2021