N.M. Admin. Code § 15.1.5.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 15.1.5.7 - DEFINITIONS

Unless otherwise defined below, terms used in this rule have the same meanings as set forth in the Gaming Control Act.

A."Act" means the New Mexico Gaming Control Act.

B."Auxiliary member" means an individual who has qualified as an auxiliary member in accordance with the national and local charter, articles of incorporation, bylaws, or rules of an official auxiliary that is organized in accordance with the bylaws and regulations of a nonprofit organization gaming operator licensee or applicant and in accordance with federal Internal Revenue Code, Section 501(c)(19) or (23) and applicable regulations; "auxiliary member" does not include any other person or membership class whose participation in gaming activity would create taxable gaming income for the licensee or would threaten the licensee's tax exempt status.

C."Component" means a part of a gaming machine that is necessary for the proper operation and essential function of the gaming machine, including but not limited to a hopper, coin acceptor, microprocessor and related circuitry, erasable programmable read-only memory ( EPROM), bill acceptor, progressive system, monitoring system, meter; and any other parts the board determines are components; a component is necessary for the proper operation and essential function of a gaming machine if it affects, directly or indirectly, the gaming machine's operation, game outcome, security, recordkeeping, or communication with the central monitoring system; parts such as light bulbs, buttons, wires, decorative glass, fuses, batteries, handles, springs, brackets, and locks are not components.

D."Control," when used as a noun, means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person or to exercise significant influence over management and policies due to financial investment, assumption of debts or expenses, or other monetary or non-monetary considerations extended to the applicant or licensee; when used as a verb, "control" means to exert, directly or indirectly, such power, or to be in a position to exert such power.

E."Key executive" means an executive of a licensee or other person having the power to exercise significant influence over decisions concerning any part of the licensed operations of the licensee or whose annual base compensation exceeds $250,000.

F."Foreign institutional investor" means a government related pension plan or a person that meets the requirements of a qualified institutional buyer as defined by the governing financial regulatory agency of the country where the company primary operations are located, and is registered or licensed in that country as a bank; an insurance company; an investment company; an investment advisor; collective trust funds; an employee benefit plan or pension fund sponsored by a publicly traded corporation registered with the board; or a group comprised entirely of entities specified by this subsection.

G."Gaming protection plan" means a written plan delineating the electronic and physical security measures to be taken by a licensee to insure the integrity of each game and any associated equipment including, if applicable, progressive gaming systems, bonusing or points systems and slot accounting systems. A gaming protection plan shall include a plan for data backup and recovery.

H."Licensed premises" means the area that has been approved for gaming on the premises that is under the direct control of a gaming operator licensee and from which the licensee is authorized to operate and permit the play of gaming machines.

I."Limited use distributor's license" means a restricted authorization to sell gaming machines or associated equipment.

J."Majority interest" means an ownership interest, whether direct or indirect, of more than fifty percent in the licensee.

K."Manage" means to take charge of, direct, superintend, restrict, regulate, administer, or oversee the operation of a gaming activity or other activity or function.

L."Manufacturer" means a person who manufactures, fabricates, assembles, produces, programs, refurbishes, or makes modifications to any gaming device for use or play in the state or for sale, lease or distribution outside the state from any location within the state.

M."Member" means an individual who has qualified for and been granted full membership in a nonprofit organization by swearing in, approval vote of the membership, or approval vote of a designated committee pursuant to the nonprofit organization's charter, articles of incorporation, bylaws, or rules, and who is in good standing.

N."Modification" means a change or alteration in an approved gaming machine that affects the manner or mode of play or the percentage paid by the gaming machine, including a change in control or graphics programs; "modification" does not include a conversion from one approved mode of play to another approved mode of play, replacement of one game for another approved game; replacement of one component with another pre-approved component, or the rebuilding of a previously approved gaming machine with pre-approved components.

O."Person" means a legal entity or an individual.

P."Premises" means the land together with all buildings improvements and personal property located on the land.

Q."State" means the state of New Mexico.

R."Technical violation" means a violation of board rules or the gaming laws and regulations of any jurisdiction that does not reflect adversely on the applicant's moral character, honesty and integrity, business probity or financial viability.

S."This title" means Title 15, Chapter 1 of the New Mexico Administrative Code.

N.M. Admin. Code § 15.1.5.7

11/30/98; 15.1.5.7 NMAC - Rn & A, 15 NMAC 1.5.7, 3/31/00; A, 5/31/00; A, 2/14/02; A, 2/28/05; A, 5/15/07, Adopted by New Mexico Register, Volume XXVII, Issue 12, June 30, 2016, eff. 6/30/2016