For the purpose of §§ 130.115 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BET. A bargain in which the parties agree that, dependent upon chance, even though accompanied by some skill, 1 stands to win or lose anything of value specified in the agreement. But a BET does not include:
(1) Bona fide business transactions which are valid under the law of contracts, including, without limitation:
(a) Contracts for the purchase or sale, at a future date, of securities or other commodities; and
(b) Agreements to compensate for loss caused by the happening of the chance, including, without limitation, contracts for indemnity or guaranty and life or health and accident insurance.
(2) Offers of purses, prizes, or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the bona fide owners of animals or vehicles entered in the contest;
(3) A lottery, as defined in this section; or
(4) Betting otherwise permitted by law.
GAMBLING DEVICE. A contrivance which, for a consideration, affords the player an opportunity to obtain anything of value, the award of which is determined by chance even though accompanied by some skill, and whether or not the prize is automatically paid by the device.
GAMBLING PLACE. Any building, tent, vehicle, whether self-propelled or not, or any room within any of them, a principal use of which is any of the following:
(1) Making and settling bets;
(2) Receiving, holding, recording, or forwarding bets or offers to bet;
(3) Conducting lotteries; or
(4) Playing gambling devices.
LOTTERY. An enterprise wherein, for a consideration, the participants are given an opportunity to win a prize, the award of which is determined by chance even though accompanied by some skill. As used in this division, “consideration” means anything which is a financial advantage to the promoter or a disadvantage to any participant.
(1981 Code, § 16-141) (Ord. 579, passed 1-28-1969)
Statutory reference:
Similar definitions, see NMSA § 30-19-1