2021 New Mexico Statutes
Chapter 60 - Business Licenses
Article 1A - Horse Racing Act
Section 60-1A-15 - Pari-mutuel wagering authorized; gambling statutes do not apply. (Repealed effective July 1, 2022.)

A. A racetrack licensee may conduct pari-mutuel wagering on live horse races or on simulcasted horse races.

B. Pari-mutuel wagering may be conducted only on the licensed premises where a live horse race is conducted or where a simulcast horse race is televised or projected on the racing grounds of the licensed premises of a racetrack licensee.

C. The sale to patrons present on the licensed premises of a racetrack licensee of pari-mutuel tickets or certificates is not gambling as defined in Section 30-19-2 or 30-19-3 NMSA 1978.

D. Placing a wager while on the licensed premises of a racetrack licensee is not placing a bet pursuant to Section 30-19-1 NMSA 1978.

E. The licensed premises of a horse racetrack is not a gambling place as defined in Section 30-19-1 NMSA 1978.

History: Laws 2007, ch. 39, § 15.

Delayed repeals. — For delayed repeal of this section, see 60-1A-29 NMSA 1978.

Section legalizes pari-mutuel betting under fixed conditions and declares that it shall not be construed as gambling. Patton v. Fortuna Corp., 1960-NMSC-136, 68 N.M. 40, 357 P.2d 1090 (decided under former law).

Unjust enrichment rule overridden by public policy against gambling. — The public policy of New Mexico is to restrain and discourage gambling and must override the rule which prevents unjust enrichment, particularly where there is a choice between that which is considered to be for the benefit of the public at large as distinguished from any benefit to an individual litigant. Schnoor v. Griffin, 1968-NMSC-067, 79 N.M. 86, 439 P.2d 922 (decided under former law).

One not physically present at track not considered patron. — It was the intention of the legislature to exempt pari-mutuel betting from the general provisions of the gambling laws only when done by patrons who are physically present at the track and one who is not personally present at the track is not a patron thereof and does not come within the pari-mutuel exemption. Schnoor v. Griffin, 1968-NMSC-067, 79 N.M. 86, 439 P.2d 922 (decided under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling § 58.

Pari-mutuel and similar betting methods on race as game of change or gambling, 52 A.L.R. 74.

Constitutionality of statute which affirmatively permits pari-mutuel method of wagering at race tracks, 85 A.L.R. 622.

Statutes permitting specified forms of betting, construction and application of, 117 A.L.R. 828.

Winner's rights and remedies in respect of pari-mutuel and similar legalized betting systems, 165 A.L.R. 838.

Validity, construction, and application of statute or ordinance prohibiting or regulating use of messenger services to place wagers in pari-mutuel pool, 78 A.L.R.4th 483.

38 C.J.S. Gaming § 28.