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.
Structure New Mexico Statutes
Chapter 60 - Business Licenses
Section 60-7A-1 - Hours and days of business.
Section 60-7A-4 - Sale, shipment and delivery unlawful.
Section 60-7A-4.1 - Unlawful sale of alcoholic beverages; criminal penalty; forfeiture.
Section 60-7A-4.2 - Record of sales; administrative penalties.
Section 60-7A-7 - Manufacture of spirituous liquors; felony.
Section 60-7A-8 - Sales to wholesalers.
Section 60-7A-9 - Credit extension by wholesalers.
Section 60-7A-10 - Wholesalers prohibited from owning retailer's or dispenser's establishment.
Section 60-7A-11 - Offenses by retailers.
Section 60-7A-13 - Sales by clubs.
Section 60-7A-14 - Filling bottles; misrepresentation of alcoholic beverages.
Section 60-7A-15 - Public nuisance.
Section 60-7A-16 - Sale to intoxicated persons.
Section 60-7A-17 - Prostitution; loitering; promoting.
Section 60-7A-19 - Commercial gambling on licensed premises.
Section 60-7A-20 - False complaints; misdemeanor.
Section 60-7A-21 - Possession or display of United States license.
Section 60-7A-23 - Possession of wine as prima facie evidence.