N.M. Admin. Code § 15.6.14.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 15.6.14.9 - REGULATORY FEE

A. A regulatory fee is imposed upon every promoter for the privilege of promoting a professional contest conducted live in New Mexico. The commission shall at a regular or special meeting for which notice has been duly and properly published, establish the amount of the regulatory fee on a semi-annual basis in an amount sufficient to cover the costs of regulating all professional contests during that period of time. The amount of the regulatory fee shall not exceed four percent (4 %) of the total gross receipts of any professional contest conducted live in New Mexico.

B. In establishing the regulatory fee, the commission shall consider its actual and projected revenues and expenses for the current fiscal year, and during the semi-annual period in question in connection with the regulation of professional contests, as well as historical revenues and expenses of the commission, the number and nature of scheduled and projected professional contests during the semi-annual period, alternate funding that may be available to the commission, historical information bearing upon projected revenues and expenses for the semi-annual period and such other factors as the commission may deem relevant to its determination.

C. As used in this section, "total gross receipts of any professional contest" includes, but is not limited to:

(1) the gross price charged by the promoter for the sale, lease or other exploitation of broadcasting, television or motion picture rights of the professional contest without any deductions for commissions, brokerage fees, distribution fees, advertising or other expenses or charges;

(2) the face value of all tickets sold and complimentary tickets issued; and

(3) any sums received by the promoter as consideration for holding a professional contest at a particular location.

D. The regulatory fee is non-refundable and is due from the promoter within seventy-two (72) hours after the completion of the professional contest.

E. Any person upon whom the regulatory fee is imposed shall furnish to the commission a written report on forms prescribed by the commission showing:

(1) the number and face value of all tickets sold and complimentary tickets issued for the professional contest;

(2) the amount of total gross receipts generated by the promoter from the professional contest, including the value of all complimentary tickets issued;

(3) the amount of gross receipts derived by the promoter from the sale, lease or other exploitation of broadcasting, motion picture or television rights of the professional contest, without any deductions for commission, brokerage fees, distribution fees, advertising or any other expenses or charges; and

(4) such other matters as the commission my prescribe.

F. The commission or any of its authorized employees may inspect the books, ticket receipts or manifests or any other records necessary for the proper enforcement of the regulatory fee and or the supervisory fee imposed pursuant to the Professional Athletic Competition Act (Section 60-2A-23 NMSA 1978).

G. The commission may impose other limitations or conditions as necessary to ensure compliance with the provisions of the Professional Athletic Competition Act (Section 60-2A-23 NMSA 1978).

H. The regulatory fee is in addition to any other fees imposed by the Professional Athletic Competition Act (Section 60-2A-23 NMSA 1978).

N.M. Admin. Code § 15.6.14.9

15.6.14.9 NMAC - N/E, 10-11-2005