2021 New Mexico Statutes
Chapter 60 - Business Licenses
Article 2D - Bicycle Racing
Section 60-2D-15 - Pari-mutuel wagering; breakage; uncashed tickets.

A. A pari-mutuel bicycle-racing licensee may conduct pari-mutuel wagering. In the conduct of such wagering, all breakage shall be split equally between the state and the licensee. Breakage shall be those odd cents remaining after paying winning ticket holders a minimum of ten cents ($.10) for each one dollar ($1.00) wagered. If during any bicycle-racing meet conducted under the Bicycle Racing Act there are underpayments of the amount actually due to the wagerers, the amount of the excess of such underpayments, over and above overpayments to wagerers on the expiration of thirty days after the end of the meet, shall be paid to the state treasurer. Uncashed tickets may be presented to the licensee for payment at any time.

B. If a governmental agency imposes a levy on the licensee of a tax on the money wagered and upon its receipts, the licensee may collect, in addition to the percentage and breakage allowed in this section, the amount of the tax so levied. The tax and breakage and license fees provided in the Bicycle Racing Act shall be in lieu of all other license and excise taxes levied by the state or any of its political subdivisions for the privilege of conducting bicycle-racing meets licensed under the Bicycle Racing Act.

History: Laws 1991, ch. 233, § 15.

Pari-mutuel gambling on bicycle racing prohibited by federal law. — The federal Professional and Amateur Sports Protection Act, 28 U.S.C. § 3701 et seq., prohibits the state from authorizing the commencement of pari-mutuel gambling on Keirin style velodrome bicycle racing pursuant to the Bicycle Racing Act, as the federal act only allows such gambling if gambling actually occurred between September 1, 1989 and October 2, 1991, and no such gambling occurred in the state during such time period. 2001 Op. Att'y Gen. No. 01-01.