§ 130.120 PERMISSIVE LOTTERY.
   (A)   Nothing in §§ 130.115 et seq. shall be construed to apply to any sale or drawing of any prize at any fair held in this state for the benefit of any church, public library, or religious society situate or being in this state, or for charitable purposes when all the proceeds of the fair shall be expended in this state for the benefit of the church, public library, religious society, or charitable purposes. A lottery may be operated for the benefit of the organization or charitable purpose only when the entire proceeds of the lottery go to the organization or charitable purposes and no part of the proceeds goes to any individual member or employee thereof.
   (B)   Nothing in §§ 130.115 et seq. shall be held to prohibit any bona fide motion picture theater from offering prizes of cash or merchandise for advertising purposes in connection with the business, or for the purpose of stimulating business, whether or not any consideration other than a monetary consideration in excess of the regular price of admission is exacted for participation in drawings for prizes.
   (C)   Nothing in §§ 130.115 et seq. shall be held to apply to any bona fide county fair, including fairs for more than 1 county, which have been annually at the same location for at least 2 years and which offer prizes of livestock or poultry in connection with the fair when the proceeds of the drawings shall be used for the benefit of the fair.
(1981 Code, § 16-146) (Ord. 579, passed 1-28-1969) Penalty, see § 130.999
Statutory reference:
   Similar provisions, see NMSA § 30-19-6