N.M. Code R. § 15.1.10.9

Current through Register Vol. 35, No. 8, April 23, 2024

Section 15.1.10.9 - UNSUITABLE METHODS OF OPERATION

Any activity by any licensee or its agents or employees that is contrary to the health, safety, morals, or welfare of the public, shall be deemed an unsuitable method of operation. Without limitation, the following shall be determined to be unsuitable methods of operation:

A. failing to exercise discretion and sound judgment in the operation of the activity authorized under the license;

B. permitting persons who are obviously intoxicated to participate in gaming;

C. serving or allowing possession of alcoholic beverages by any person on the licensed premises of a racetrack gaming operator licensee;

D. directly or indirectly assisting, employing, or associating with persons or businesses of disreputable character that may adversely affect the general credibility, security, integrity, honesty, fairness or reputation of the proposed activity;

E. employing as a key executive any person who has been denied a gaming license, work permit, finding of suitability in any jurisdiction, or who has failed or refused to apply for such permit or finding, or who has failed or refused to apply for renewal or recertification;

F. failing to comply with all federal, state and local laws and regulations governing the operations of a gaming establishment, including without limitation the payment of all fees and taxes;

G. possessing or permitting the operation of any unlicensed gaming machine, gaming device, or other unauthorized device on the gaming establishment;

H conducting, operating, or dealing with any cheating game or device on the gaming establishment, knowingly or unknowingly, that alters or tends to alter the normal random selection of criteria that determine the results of the game;

I. except as otherwise provided in this rule, selling, transferring or otherwise assigning interest in the license or revenues from the license;

J. denying the board or its agents or other authorized persons access to a gaming establishment or records, wherever located, as authorized by the act and rules adopted by the board;

K. a nonprofit operator licensee knowingly or unknowingly permitting persons other than members or auxiliary members to participate in gaming on the licensed premises;

L. employment of, association with, or participation in any enterprise or business with a documented or identifiable organized crime group or recognized organized crime figure;

M. misrepresentation of any material fact or information to the board;

N. engaging in, furthering, or profiting from any illegal activity or practice or any violation of the act or this title;

O. obstructing or impeding the activities of the board or its employees or agents;

P. facilitating, participating in, or allowing the issuance of any loans or extending credit to a patron for gaming purposes;

Q. conducting or permitting the conduct, knowingly or unknowingly, of any gaming activity other than that allowed pursuant to the license;

R. cashing or permitting the cashing of governmental assistance checks, including welfare checks, social security checks, and child support payments;

S. failing to follow, or to ensure that employees follow, the minimum internal controls established by regulation or failure to notify the board of any changes to the minimum internal controls;

T. failing to require employees to wear work permits or key executive identification as required in this title;

U. employment of, contracting with, associating with, or participating in any enterprise or business that has failed to obtain a license as required by the act;

V. failing to adhere to the compulsive gambling guidelines or plan;

W. failing to comply with any subpoena or other order of the board;

X. except on the basis of a properly invoked privilege against self-incrimination, failing or refusing to testify in any proceeding before the board or before an administrative hearing officer appointed by the board;

Y. permitting a person under the age of twenty one years to enter onto the gaming premises;

Z. otherwise failing to conduct gaming operations in accordance with the act or this title.

N.M. Code R. § 15.1.10.9

12/31/98; 15.1.10.9 NMAC - Rn & A, 15 NMAC 1.10.9, 3/31/00; A, 12/28/01; A, 5/14/04; A, 2/28/05; A, 5/15/07; A, 6/30/08, Adopted by New Mexico Register, Volume XXVI, Issue 19, October 15, 2015, eff. 10/15/2015, Adopted by New Mexico Register, Volume XXVII, Issue 02, January 29, 2016, eff. 1/29/2016