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Can I offer contests that involve chance-based games in New Mexico? What are the requirements?

Based on the New Mexico Bingo and Raffle Act, contests that involve chance-based games are allowed in New Mexico, but they must comply with certain requirements.

Requirements for Contests Involving Chance-Based Games in New Mexico

  1. Application for Licenses or Permits: Each applicant for a license or permit to be issued under the New Mexico Bingo and Raffle Act shall file with the board a written application in the form prescribed by the board, duly executed and verified [1.1].
  2. Application of Act: The New Mexico Bingo and Raffle Act applies to qualified organizations that conduct games of chance and the games of chance conducted by the qualified organizations [1.2].
  3. Conduct of Games of Chance: For games of bingo, a bingo licensee may hold, operate or conduct no more than two hundred sixty occasions in any twelve-month period. Occasions shall not be conducted more than six times in any one calendar week, with no occasion lasting more than four hours and not more than three occasions conducted in one calendar day by any one licensee. When any merchandise prize is awarded in a bingo game, its value shall be its current retail price. No merchandise prize shall be redeemable or convertible into cash. The aggregate amount of all prizes offered or given in all bingo games played on a single occasion shall not exceed two thousand five hundred dollars ($2,500), exclusive of pull-tabs, raffles and door prizes. All objects or balls to be used in a game shall be present in the receptacle before the game is begun. All numbers announced shall be plainly and clearly audible to all the players present. Where more than one room is used for any one game, the receptacle and the bingo caller shall be present in the room where the greatest number of players are present, and all numbers announced shall be plainly audible to the players in that room and also audible to the players in the other rooms. The receptacle and the bingo caller who removes the objects or balls from the receptacle shall be visible to all the players at all times except where more than one room is used for any one game, in which case the provisions of Paragraph (5) of this subsection shall prevail. The particular arrangement of numbers required to be covered in order to win the game and the amount of the prize shall be clearly and audibly described and announced to the players immediately before each game is begun. Any player is entitled to call for a verification of all numbers drawn at the time a winner is determined and for a verification of the objects or balls remaining in the receptacle and not yet drawn. The verification shall be made in the immediate presence of the bingo manager. No person who is not physically present on the premises where the game is actually conducted shall be allowed to participate as a player in the game [1.3].
  4. Promotional Games of Chance: Free and discounted games of chance may be awarded to players when house rules describe how these games of chance are awarded. No employee or members of employee’s household are permitted to participate. The method of award is equitable and non-discriminatory. The following information is collected, recorded and retained per occasion in accordance with the records retention requirements: (1) name, address and phone number of players receiving the promotional game; (2) the date and occasion the promotional game was played; and (3) the retail value of the promotional game. All promotional games awarded are subject to the bingo tax. The licensee shall compute the bingo tax using the retail value of a non-promotional game and not the free or reduced price [2.1].
  5. Disclosure of Prizes During Games of Chance: The licensee shall clearly and audibly disclose full information before each game concerning the number of prizes to be awarded, whether the prizes are awarded in cash, check, or merchandise, and the cash value and the method by which such prizes may be awarded, including the cost of playing. Prizes or prize money offered shall be communicated to all players 30 minutes prior to the start of a game and cannot be altered thereafter [2.3].
  6. Temporary Cessation of Games of Chance: The licensee shall contact the board in writing prior to the cessation of one or more bingo occasions or cessation of pull-tab dispenser operations. In the event there is an emergency and prior notice cannot be given, the licensee shall advise the board no later than the next business day. If bingo operations cannot resume on the next scheduled occasion, or pull-tab dispenser operations cannot resume by the next scheduled day, the licensee shall notify the board in writing and include the dates and times of the occasions or cessation of dispenser operations and the reason for the closure. If the cessation of bingo occasions or pull-tab dispenser operations exceeds 30 days, the licensee shall notify the board in writing and include the length of the cessation, the reason for cessation, and the date regular operations will resume. The licensee shall provide updated notifications to the board every 30 days thereafter until such time as bingo occasions or pull-tab dispenser operations resume. Any bingo operator licensee that ceases games of chance for more than 90 consecutive days and has not requested and received authorization from the board to do so, shall surrender its bingo operator’s license to the board. The board may suspend or revoke the bingo operator’s license, absent good cause shown for cessation of operation exceeding 90 consecutive days [2.5].
  7. General Requirements: Licensee may seek a variance of limited provisions of the New Mexico Bingo and Raffle Rules 15.4 NMAC [2.4].

Therefore, to offer contests that involve chance-based games in New Mexico, you must comply with the requirements listed above.

Source(s):
Jurisdiction

New Mexico