A. Nothing in Chapter 30, Article 19 NMSA 1978 shall be held to prohibit any bona fide motion picture theater from offering prizes of cash or merchandise for advertising purposes, in connection with such business or for the purpose of stimulating business, whether or not any consideration other than a monetary consideration in excess of the regular price of admission is exacted for participation in drawings for prizes.
B. Nothing in Chapter 30, Article 19 NMSA 1978 shall be construed to apply to any activity:
(1) regulated by the New Mexico Bingo and Raffle Act [60-2F-1 to 60-2F-26 NMSA 1978]; or
(2) specifically exempted from regulation by the provisions of the New Mexico Bingo and Raffle Act.
History: 1953 Comp., § 40A-19-6, enacted by Laws 1963, ch. 303, § 19-6; 1981, ch. 231, § 1; 2009, ch. 81, § 27.
The 2009 amendment, effective July 1, 2009, deleted former Subsection A, which provided that Article 19, Chapter 30 NMSA 1978 did not apply to a charitable lottery; deleted former Subsection C, which provided that Article 19, Chapter 30 NMSA 1978 did not apply to county fairs; deleted former Subsection D, which provided that Article 19, Chapter 30 NMSA 1978 did not apply to an organization that is exempt from the state income tax; and added Subsection B.
Size of permissive lotteries of necessity limited. — Although the provision of Laws 1949, ch. 133, § 1 (former 40-22-18, 1953 Comp.) lifting the ban against lotteries conducted at fairs where entire proceeds were expended in the state for benefit of public libraries, churches or religious societies did not place a limitation on the size of such lotteries, the condition imposed confined them to petty lotteries since removal of profit from a lottery would greatly curtail the size. State v. Jones, 1940-NMSC-066, 44 N.M. 623, 107 P.2d 324 (decided under prior law).
Donation of gross proceeds necessary. — Under Laws 1949, ch. 133, § 1 (former 40-22-18, 1953 Comp.), a lottery scheme which appropriated only net proceeds to a charitable organization was illegal. "All the proceeds" meant "gross proceeds." Harriman Inst. of Social Research, Inc. v. Carrie Tingley Crippled Children's Hosp., 1938-NMSC-062, 43 N.M. 1, 84 P.2d 1088 (decided under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling § 60.
State lotteries: Actions by ticketholders against state or contractor for state, 40 A.L.R.4th 662.
Private contests and lotteries: entrants' rights and remedies, 64 A.L.R.4th 1021.
Enforceability of contract to share winnings from legal lottery ticket, 90 A.L.R.4th 784.
54 C.J.S. Lotteries § 11.
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