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 [Chapter 6, Article 24 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 [Chapter 60, Article 2E 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.
The 2011 amendment, effective June 17, 2011, permitted games of chance regulated by the New Mexico Bingo and Raffle Act to be conducted on the licensed premises of clubs.
The 1997 amendment, effective June 20, 1997, in Subsection C, redesignated former Paragraphs (1) to (6) as Subparagraphs (1)(a) to (f), added Paragraph (2), and made minor stylistic changes throughout.
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