N.M. Code R. § 15.1.17.9

Current through Register Vol. 35, No. 11, June 11, 2024

Section 15.1.17.9 - SCHEDULE OF VIOLATIONS

A. Licensing violations include.

(1) Engaging in gaming activity without valid license.

(2) Possession of illegal gaming device.

(3) Failure to apply for certification of finding of suitability.

(4) Employing persons without work permits or key person certifications.

(5) Expired work permit.

(6) Unlicensed gaming machine.

(7) Selling, offering to sell, or distributing a gaming device to other than a gaming operator licensee.

(8) Purchasing, leasing, or otherwise receiving a gaming machine from other than an authorized licensee.

(9) Association with distributor or manufacturer with revoked license.

(10) Unauthorized transfer of license.

B. Operating violations include.

(1) Permitting play on an unauthorized gaming machine.

(2) Permitting play of an unauthorized game.

(3) Possessing or installing a gaming machine at other than an authorized location.

(4) Engaging in dishonest or deceptive practices involving gaming activity.

(5) Public nuisance.

(6) Minor playing a gaming machine.

(7) Unauthorized person on licensed premises.

(8) Unauthorized person playing a gaming machine.

(9) Sale, service, delivery or consumption of alcoholic beverage on licensed premises.

(10) Operating or permitting the playing of gaming machine on unauthorized days or times.

(11) Operating or permitting the operation of more than maximum number of gaming machines allowed.

(12) Failure to pay winnings or award prizes.

(13) Failure to maintain adequate security.

(14) Unauthorized or improper use of tokens.

(15) Unauthorized or improper disposition of tokens.

(16) Unauthorized or improper disposal of gaming device.

(17) Unauthorized modification of gaming device where the modification changes the manner of operation from that approved by the board or from that represented to patrons.

(18) Knowingly associating with, employing, or assisting, directly or indirectly, persons or businesses of disreputable character.

(19) Employing a person who has been denied, or failed or refused to apply for, a gaming license, work permit or finding of suitability in any jurisdiction.

(20) Failing to comply with all federal, state and local laws and rules governing gaming activity, including payment of fees and taxes due.

(21) Conducting, operating, or dealing with any cheating game or device.

(22) Unauthorized modification of licensed premises.

(23) Facilitating, participating in, or allowing the issuance of any loans or extending credit to a gaming patron for gaming purposes.

(24) Misleading or deceptive payoff schedule.

(25) Failure to make payments in accordance with payoff schedule.

(26) Failure to install or maintain adequate surveillance system.

(27) Insufficient funds in gaming tax transfer account.

(28) Failure to comply with minimum accounting standards.

(29) Commingling of gaming receipts with other monies of nonprofit organization gaming operator licensee.

(30) Failure to maintain minimum bankroll required or to notify board of deficiencies.

(31) Failure to request excluded person to leave or to prohibit entry on licensed premises or to properly notify board of excluded person on licensed premises.

(32) Failure to implement or maintain adequate internal controls for gaming operations.

(33) Unlawful or unauthorized operation of progressive system.

(34) Unlawful or unauthorized promotion or additional payout.

(35) Shipment of unapproved gaming device.

(36) Unauthorized change in minimum internal controls.

(37) Engaging in other unsuitable method of operation.

C. Miscellaneous violations include.

(1) Interference with investigation, including denying the board or its agent or other authorized person access to, or inspection of, a gaming establishment.

(2) Providing false or misleading information to the board or the board's agent.

(3) Failure to file required report or disclose information.

(4) Failure to renew license while continuing to conduct licensed activity.

(5) Unlawful gaming operations contract.

(6) ATM on licensed premises.

(7) Failure to implement or maintain compulsive gambling assistance plan.

(8) Failure to disclose gaming contracts.

(9) Failure to retain required records.

(10) Felony conviction of licensee, employee or other agent of licensee.

(11) Failure to be in possession of work permit.

(12) Failure to post gaming license.

(13) Failure to post required signs.

(14) Failure to provide required notice.

(15) Failure to comply with gaming machine registration, transport, possession and use requirements by public post-secondary educational institution or a trade show vendor.

(16) Other violation.

N.M. Code R. § 15.1.17.9

12/31/98; 15.1.17.9 NMAC - Rn & A, 15 NMAC 1.17.9, 3/31/00; A, 1/31/02; A, 7/31/02; A, 10/31/02; A, 5/14/04