An outlining law for betting in the state of New Mexico stipulates that unless stipulated otherwise in the legislation, all forms of gambling are illegal in the state of New Mexico. Fortunately, several gambling options have been expressly legalised for entertainment in the region.

The laws surrounding each form of gambling are strict in New Mexico but vary depending on the form of gaming offered. Hereunder we will summarise the basic laws around each form of legalised gambling:

• Horseracing: The Pari-mutuel pool betting on horseracing is legal for players aged 18 years and older. The bets can be undertaken either on-site or via regulated and licensed off-track institutions. Internet bets are not legal.

• Lottery: The state lottery offers weekly draws for players 18 years and over. Gamblers can also purchase scratch tickets from general stores for instant cash win opportunities. Lottery proceeds go towards the state funding of hospitals, educational, facilities, and other similar initiatives.

• Casino Betting: There are currently 24 legal tribal casinos allowed in-state. These are hosted on reservation land and offer unlimited forms of terrestrial-based casino gaming. This includes slots, video poker, electronic table games, roulette, blackjack, poker, craps, and more. The 5 commercial racinos in New Mexico may likewise offer casino gambling but are limited to video styles games, like slots, video poker, and electronic table games. No person under 21 years old may gamble in this way. Unfortunately for racino owners, the tax rate on gaming is one of the highest in the country, at a rate of 46.25%.

While smoking is banned in public places in New Mexico, this does not apply to Casino operations, where smoking cigarettes is legal on the gaming floor.

• Charitable Gambling: Only federally registered Non-Profit Organisations may offer charitable gambling but under strict stipulations. They may offer Bingo or Raffles if Raffle prizes do not exceed $75,000 without express permission from the governor’s office, and bingo and raffles can only be held once a month or four times a year. Participants must be 18 years or older. The only concession on this form of gaming is for retirement homes, who may hold bingo nights as often as they wish. Raffle prizes may not consist of alcoholic beverages.

• Sports Betting: Sports betting was legalised in 2018 and are only available at licensed tribal casino venues for players 21 years and older. Unfortunately, no bets may be made via the internet and all players must place their bets in person at the casino, itself.

• Daily Fantasy Sports: Daily Fantasy Sports are allowed in-state, as New Mexico law does not identify them as gambling mechanisms, but rather as games of skill. There is an age restriction of 18 years on play.

Underaged gambling is illegal, but minors cannot be prosecuted if found guilty of this offence, instead the state will lay charges against the operator offering them the entertainment, who will be liable for penalties if they willingly let minors gamble, or are found negligent in checking their IDs, etc.

All gambling in the state of New Mexico is regulated and overseen by the New Mexico Gaming Control Board and supported by the Licensing Board division. While the Gambling Control Board are active watchdogs over the industry, the licensing board has the task of reviewing all applications submitted by entities and individuals seeking licensure within the state for casinos gaming, bingo, and raffles.

The Licensing Board will:

• Verify all information furnished by applicants and undertake background checks on companies, organisations, and individuals involved. These checks will include thorough financial background inspection and criminal background checks.
• Process applications for review and presentation to the board for approval.
• Review and approve Bingo and Raffle applications themselves.

It is made clear throughout the licensing procedure that it is the individual applicant’s burden to prove their qualification to hold a license, permit, or certificate. A zero-tolerance attitude is shown for those who miss the mark.

There are various licenses available in the state when it comes to gambling, including:

• Corporate business license
• Non-Profit Gaming
• Key and Affiliated Persons License
• Key and Affiliated Persons in Non-Profit gambling

By a glimpse of the above licenses, it is immediately discernible that it is not only the organisation that must be certified to offer betting games, but each staff member involved in a managerial function, or host function at any game, including cashiers. Thorough background checks on all individuals involved ensures that the risk of unethical and illegal practice is kept to a minimum, at least. Provisional licenses are initially awarded to individuals, pending further outcomes and final certification.

In addition to licensing it is the duty of the Control Board to ensure that all betting houses, casinos, etc, practice responsible gambling protocols so that residents of the state are protected wherever possible. It is here that problem gamblers can submit their names for game exclusion in the state or seek help for compulsive/problem gambling.