(A) Engaging in gambling. It is unlawful for any person to make a bet, enter or remain in a gambling place with intent to make a bet, participate in a lottery, play a gambling device, conduct a lottery, or possess facilities with intent to conduct a lottery.
(B) Commercial gambling. It is unlawful to participate in the earnings of or to operate a gambling place; or to receive, record, forward or possess facilities with the intent to receive or forward bets or offers to bet or become a custodian of anything of value bet or offered to be bet; or to conduct a lottery or possess facilities with the intent to conduct a lottery where both the consideration and the prize are money; or to set up for use the purpose of gambling, or operate any gambling device or collect the profits therefrom.
(C) Permitting use of premises. It is unlawful for any person to knowingly permit property owned or occupied by him or her or under his or her control to be used a gambling place or to knowingly permit a gambling device to be set up for the purpose of gambling in a place under his or her control.
(D) Dealing in gambling devices. It is unlawful to manufacture, commercially transfer or possess with the intent to commercially transfer any device which he or she knows evidences, purports to evidence, or is designed to evidence a gambling purpose, or any device which he or she knows is designed exclusively as a subassembly or essential part of the device including, but not limited to gambling machines, numbers, jars, punch boards, or roulette wheels. Proof of possession of any device designed exclusively for gambling purposes other than a gambling place and not set up for the use is prima facie evidence of possession with intent to transfer commercially.
(E) Permitted lottery. Nothing in § 133.03 shall be construed to apply to any sale or drawing of any prize for the benefit of any benevolent, nonprofit organization, if the benefits shall be expended in this state for the benefit of benevolent, nonprofit organization. A lottery may be operated for the benefit of the organization or charitable purpose only when the entire proceeds of the lottery go into the organization for charitable purposes and not part of the proceeds go to any individual member or employee thereof.
(F) Motion picture advertising. Nothing in this section shall be held to prohibit any motion picture theater from offering prizes of cash or merchandise for advertising purposes in connection with the business whether or not any consideration other than monetary in excess of the regular price of admission is exacted for participation in drawing for prizes.
(G) On-track and pari-mutual betting. Nothing in this section shall be construed to prohibit on-track pari-mutual betting as authorized in NMSA § 60-1-11.
(Ord. 25, passed 2-3-1999) Penalty, see § 133.99