A. A racetrack licensed by the state racing commission pursuant to the Horse Racing Act to conduct live horse races or simulcast races may be issued a gaming operator's license to operate gaming machines on its premises where live racing is conducted.
B. A racetrack's gaming operator's license shall automatically become void if:
(1) the racetrack no longer holds an active license to conduct pari-mutuel wagering;
(2) the racetrack paid gaming tax to the state on its net take in an amount greater than eight million dollars ($8,000,000) in the prior fiscal year pursuant to Section 60-2E-47 NMSA 1978 and fails to maintain a minimum of four live race days a week with at least nine live races on each race day during its licensed race meet, except as provided in Subsection F of this section; or
(3) the racetrack paid gaming tax to the state on its net take in an amount equal to eight million dollars ($8,000,000) or less in the prior fiscal year pursuant to Section 60-2E-47 NMSA 1978 and fails to maintain a minimum of three live race days a week with at least ten live races on each day during its licensed race meets, except as provided in Subsection F of this section.
C. Unless a larger number is allowed pursuant to Subsection D of this section, a gaming operator licensee that is a racetrack may have up to six hundred licensed gaming machines.
D. By execution of an allocation agreement, signed by both the allocating racetrack and the racetrack to which the allocation is made, a gaming operator licensee that is a racetrack may allocate any number of its authorized gaming machines to another gaming operator licensee that is a racetrack. To be valid, the allocation agreement must bear the written approval of the board and the state racing commission, and this approval shall make specific reference to the meeting at which the action of approval was taken and the number of votes cast both for and against the approval. By allocating a number of its authorized machines to another racetrack, the allocating racetrack automatically surrenders all rights to operate the number of machines allocated. No racetrack shall operate or be authorized to operate more than seven hundred fifty gaming machines.
E. Gaming machines on a racetrack gaming operator licensee's premises may be played only on days when the racetrack is either conducting live horse races or simulcasting horse race meets. On days when gaming machines are permitted to be operated, a racetrack gaming operator licensee may offer gaming machines for operation for up to eighteen hours per day; provided that the total number of hours in which gaming machines are operated does not exceed one hundred twelve hours in a one-week period beginning on Tuesday at 8:00 a.m. and ending at 8:00 a.m. on the following Tuesday. A racetrack gaming operator licensee may offer gaming machines for play at any time during a day; provided that the total hours of operation in each day from just after midnight of the previous day until midnight of the current day does not exceed eighteen hours. A racetrack gaming operator licensee shall determine, within the limitations imposed by this subsection, the hours it will offer gaming machines for operation each day and shall notify the board in writing of those hours.
F. Maintaining fewer live race days or fewer live races on each race day during a licensed race meet does not constitute a failure to maintain the minimum number of live race days or races as required by Paragraphs (2) and (3) of Subsection B of this section if the licensee submits to the board written approval by the state racing commission for the licensee to vary the minimum number of live race days or races, and the variance is due to:
(1) the inability of a racetrack gaming operator licensee to fill races as published in the licensee's condition book as long as the same type of canceled race is run within the following two race weeks as the race season permits;
(2) severe weather or other act, event or occurrence resulting from natural forces;
(3) a strike or work stoppage by jockeys or other persons necessary to conduct a race or meet;
(4) a power outage, electrical failure or failure or unavailability of any equipment or supplies necessary to conduct a race or meet;
(5) hazardous conditions or other threats to the public health or safety; or
(6) any other act, event or occurrence that the board finds is not within the control of the licensee even with the exercise of reasonable diligence or care.
G. Alcoholic beverages shall not be sold, served, delivered or consumed in the area restricted pursuant to Subsection F of Section 60-2E-26 NMSA 1978.
History: Laws 1997, ch. 190, § 29; 2000, ch. 90, § 1; 2001, ch. 334, § 1; 2005, ch. 350, § 1; 2009, ch. 199, § 12; 2017, ch. 10, § 1.
ANNOTATIONSThe 2017 amendment, effective June 16, 2017, changed the conditions upon which a racetrack's gaming operator's license shall automatically become void; in Subsection B, Paragraph B(2), after "the racetrack", added "paid gaming tax to the state on its net take in an amount greater than eight million dollars ($8,000,000) in the prior fiscal year pursuant to Section 60-2E-47 NMSA 1978 and", and added Paragraph B(3); in Subsection F, in the introductory paragraph, after "Maintaining fewer", deleted "than four", after "live race days or", deleted "nine" and added "fewer", after "required by", deleted "Paragraph" and added "Paragraphs", and after "(2)", added "and (3)"; and in Paragraph F(1), after "the licensee's condition book", added the remainder of the paragraph.
The 2009 amendment, effective June 19, 2009, in Paragraph (2) of Subsection B, after "licensed race meet", added the remainder of the sentence; in Subsection C, at the beginning of the sentence, added "Unless a larger number is allowed pursuant to Subsection C of this section" and after "six hundred licensed gaming machines", deleted "but the number of gaming machines to be located on the licensee's premises shall be specified in the gaming operator's license"; and added Subsection F.
The 2001 amendment, in Subsection C, substituted "six hundred" for "three hundred"; added Subsection D; and redesignated former Subsection D as E and former E as F.
The 2005 amendment, effective July 1, 2005, in Subsection B(2), deleted the former provision which provided that a license shall become void if the racetrack fails to maintain a minimum of three live race days a week with at least nine live races on each race day during it licensed race meet in the 1997 calendar year and in the 1998 and subsequent calendar years; in Subsection E, deleted the former provision which provided that a gaming operator licensee that is a racetrack shall be permitted to conduce games on only the aforementioned days for a daily period not to exceed twelve hours; and in Subsection E, provided for expanded operating hours for gaming machines at racetracks.
The 2000 amendment, effective May 17, 2000, updated the internal reference in Subsection E, deleted Subsection F, relating to the legal hours of operation for gaming machines at a racetrack, and deleted the internal reference to Subsection F from the beginning of Subsection D.
Compiler's notes. — Laws 2001, ch. 334, § 2 made the act effective when the compact negotiated between the state and the tribes during the first session of the forty-fifth legislature was approved in writing by the tribes, the state and the secretary of the interior and notice of such approval was published in the Federal Register. Notice was published in the Federal Register on December 14, 2001, of an agreement with the Pueblo of Tesuque, San Felipe, Isleta, Laguna, Sarida, San Juan, Santa Ana, Santa Clara, and Acona. Notice of an agreement with the Pueblo of Taos was published on December 20, 2000. Notice of an agreement with the Jicarilla Apache Nation was published on January 15, 2002. Notice of an agreement with the Pueblo of Nambe was published on Februrary 8, 2002.
License was void for failure to conduct live horse races. — Where the racing commission granted plaintiff a license to conduct live horse races for the 2010 meet which required plaintiff to conduct live horse racing from May 28, 2010 to September 6, 2010; the gaming control board granted plaintiff a conditional gaming license subject to the completion of construction of facilities to conduct live racing before the end of December 2009; plaintiff failed to hold the minimum number of live race days or races required by Subsection B(2); plaintiff filed a variance request with the racing commission in March 2010; the racing commission first tabled and then set the variance request for hearing in December 2010; and as of September 17, 2010, plaintiff had not obtained a written variance from the racing commission and was unable to run live horse races for the remainder of the 2010 race meet because plaintiff had failed to construct any facilities to conduct live horse racing, Subsection F(6) was not applicable and plaintiff's gaming license became automatically void pursuant to Subsection B(2). La Mesa Racetrack & Casino v. N.M. Gaming Control Bd., 2012-NMCA-076, 283 P.3d 886.