N.M. Admin. Code § 15.1.7.39

Current through Register Vol. 35, No. 20, October 22, 2024

Section 15.1.7.39 - SALE AND TRANSPORTATION OF GAMING MACHINES FOR HOME OWNERSHIP

A. A manufacturer or distributor license by the board may offer gaming machines for sale for home use provided the manufacturer or distributor complies with this section of this part. The manufacturer or distributor selling a gaming machine for home use shall only transport such a gaming machine to a private residence.

B. A manufacturer or distributor selling a gaming machine for home use shall retain a written record of the sale of the gaming machine. The written record shall include the date of the sale, the name and address of the purchaser, the serial number and a description of the gaming machine, and the address to which the gaming machine is delivered.

C. A manufacturer or distributor selling a gaming machine for home use shall notify the board of the sale and transport of the gaming machine and provide the board with a copy of the written record of the sale prior to transporting the gaming machine to the residence of the person purchasing the machine.

D. A manufacturer or distributor selling a gaming machine for home use shall transport and deliver the gaming machine to the residence of the purchaser. No gaming machine sold for home ownership shall be transported by any person or entity other than the distributor or manufacturer selling the machine.

E. A gaming machine sold for home ownership shall:

(1) have a conspicuous and indelible notice prominently affixed to the front of the machine stating that the machine is only legal for play in a private residence;

(2) have a conspicuous and indelible notice prominently affixed to the rear of the gaming machine stating that the sale and transportation of the gaming machine by other than a licensed manufacturer of distributor is a fourth (4^th) degree felony; and

(3) either provide a payback value for each credit played, determined over time, of one hundred percent (100%) or be manufactured or modified in such a way as to be operable only with tokens.

F. A manufacturer or distributor selling a gaming machine for home use shall provide written notice to the purchaser:

(1) that the machine shall be played only at a private residence;

(2) that no person shall make money from play on the machine except through winnings as a player;

(3) that commercial gambling is a fourth (4^th) degree felony;

(4) that it is illegal to resell the machine to any person or entity other than a licensed manufacturer or distributor; and

(5) that it is illegal for any person or entity other than a licensed manufacturer or distributor to transport the machine.

G. A manufacturer or distributor selling a gaming machine for home use shall require as a condition of purchase that the purchaser acknowledge in writing that he has received the written notice described in Subsection F of 15.1.7 NMAC.

H. A manufacturer or distributor shall comply with all board regulations concerning transportation of any electronic media to be placed in a gaming machine being used in a private residence. A manufacturer or distributor shall report all sales of electronic media for home gaming machines in accordance with Subsection B of 15.1.7 NMAC.

N.M. Admin. Code § 15.1.7.39

11/30/98; 15.1.7.39 NMAC - Rn, 15 NMAC 1.7.39, 3/31/00; A, 5/15/07; 15.1.7.39 NMAC - Rn, 15.1.7.38 NMAC, 12/15/10, Amended by New Mexico Register, Volume XXVI, Issue 19, October 15, 2015, eff. 10/15/2015