Current through Register Vol. 35, No. 11, June 11, 2024
Section 15.1.6.8 - SUITABILITY OF PREMISESThe board shall approve any proposed licensed premises prior to commencement of gaming. The licensed premises shall meet the requirements of the act and regulations promulgated under the act. The board shall not approve any proposed licensed premises if the board determines that the proposed licensed premises are unsuitable for the conduct of gaming. Without limiting the generality of the foregoing, the proposed licensed premises shall be unsuitable if:
A. it is located in a place where gaming is prohibited by a valid zoning ordinance of the city or county or is otherwise in violation of any fire safety, health or building codes;B. it is owned or controlled by any person that is unqualified or disqualified to hold a gaming license, regardless of the qualifications of the person who has applied for or holds the license to conduct gaming operations on the premises;C. an ATM is located in the licensed premises;D. the area to be used for gaming is not separated from the rest of the premises by a permanent physical barrier; orE. the conduct of gaming on the proposed premises would otherwise be contrary to New Mexico law or public policy.N, 11/30/98; 15.1.6.8 NMAC - Rn & A, 15 NMAC 1.6.8, 10/15/00; A, 2/28/05