2017 New Mexico Statutes
Chapter 60 - Business Licenses
Article 7A - Offenses
Section 60-7A-19 - Commercial gambling on licensed premises.
60-7A-19. Commercial gambling on licensed premises.
A. It is a violation of the Liquor Control Act [60-3A-1 NMSA 1978] for a licensee to knowingly allow commercial gambling on the licensed premises.
B. In addition to any criminal penalties, a person who violates Subsection A of this section may have the person's license suspended or revoked or a fine imposed, or both, pursuant to the Liquor Control Act.
C. As used in this section:
(1) "commercial gambling" means:
(a) participating in the earnings of or operating a gambling place;
(b) receiving, recording or forwarding bets or offers to bet;
(c) possessing facilities with the intent to receive, record or forward bets or offers to bet;
(d) for gain, becoming a custodian of anything of value bet or offered to be bet;
(e) conducting a lottery where both the consideration and the prize are money, or whoever with intent to conduct a lottery possesses facilities to do so; or
(f) setting up for use for the purpose of gambling, or collecting the proceeds of, a gambling device or game; and
(2) "commercial gambling" does not mean:
(a) activities authorized pursuant to the New Mexico Lottery Act [6-24-1 NMSA 1978];
(b) the conduct of activities pursuant to Subsection B of Section 30-19-6 NMSA 1978 on the licensed premises of the holder of a club license; and
(c) gaming authorized pursuant to the Gaming Control Act [60-2E-1 NMSA 1978] on the premises of a gaming operator licensee licensed pursuant to that act.
History: Laws 1981, ch. 39, 96; 1997, ch. 190, 68; 2011, ch. 176, 1.