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Page 1: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting
Page 2: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Welcome to the VFNP Training

Please Silence Cell Phones: If a call must be taken, please step out of the room.

Be Respectful: Please give the presenter your full attention.

Ask Questions: If at any time you have a question, please stop the presenter and ask the question.

Training Structure The training has been broken down into modules and topics. We will break every two hours for refreshment; once in the morning and once in the afternoon. Lunch will be one hour and start at noon.

Page 3: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

• 10:00 am – CMS – Operator Portal Reports: Daily VTR’s & Billing Statements

• Donovan Lieurance, IS

• 10:30 am – Licensing, Fingerprinting & Forms

• - Licensing/Enforcement

• 11:30 am – New Audit Software System (Pentana/Vision)

• Anna Salazar, Senior Auditor

• 12:00 pm – Lunch (on your own)

• 1:00 pm – Brief Overview of Enforcement Duties

• Victor Rodriguez, Enforcement

• 1:30 pm – Brief Overview of New MIC’s

• Steve Sneddon, Audit Manager

• 2:00 pm – Brief Overview of New Rules

• Peggy Hardwick, Staff Attorney

• 2:30 pm – Bingo Basics

• - Scott Osta/Cynthia Trujillo, Bingo Staff

Page 4: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting
Page 5: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

1. Available Report Options

The current available reports are Daily Reports, Weekly Reports, Monthly Reports, Billing Reports, and On Demand Reports.

2. Daily Reports consist of Daily Video Gaming Transaction Report, Non Reporting Terminal Report, Voucher Summary Report, and Voucher Liability Report. The reports come in 2 formats, PDF and Excel. It is recommended that the Operators download and save their reports on a daily basis as it only retains 10 days.

3. Weekly Reports consist of Video Gaming Transaction Report and Voucher Summary Report. The reports come in 2 formats, PDF and Excel.

4. Monthly Report only consists of the Video Gaming Transaction Report. The reports come in 2 formats, PDF and Excel

Page 6: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

5. Billing Reports consist of Invoice Statement, Manual Adjustment Report, and Soft Meter Adjustment Report. The reports come in 2 formats, PDF and Excel.

6. On Demand Reports consist of Video Gaming Transaction Report and VGT Status Report. The reports can be exported in either Excel or PDF format.

Page 7: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Navigate to the operator portal webpage: https://reports.nmgcb.org/OperatorPortal

Enter the User Login ID and Password on the main page.

Page 8: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Once successfully logged in you will see the menu screen on the left hand side.

Page 9: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

In order for the Operator to access their reports they will need to subscribe to the reports on the portal by selecting “Subscribe” from the menu. This step has already been completed for all Operators…

Page 10: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

On the weekly reports, the Operator can select the date that they want the reports to run from. If they want them to run Sunday to Sunday then they would select Sunday from the calendar and then click “Subscribe”. This will provide the Operator with weekly reports that run from Sunday to Sunday of every week. If this needs to be changed, select “Unsubscribe” from the report, select the new day and click “Subscribe” to subscribe back to the report. All historical data will remain in tact.

Page 11: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Licensing, Fingerprinting & Forms

Page 12: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

LicensingDivision Director

Vacant

Raechelle Camacho

Records Retention

Cynthia TrujilloBingo

Specialist

Paul Gruber

Licensing Specialist

Barbara Castell

Licensing Administrator

Janice Esquivel

Sr. Licensing Administrator

Corina Chavez

Sr. Background Analyst

Jesi Brock Background

Analyst

LeeAnna Apodaca

Receptionist

Page 13: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

• Look for completeness;

• Fingerprint registration;

• Documentation and Statements;

• Pages are signed and notarized;

• Recent Photo;

• Payment.

Page 14: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

• Digital process;

• Paper cards no longer accepted;

• Fingerprint Registration Line:

• 505 238-1905;

• Registration open Monday thru Friday 8:00am – 5:00pm.

Page 15: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

• GCB will continue to pay for transaction;

• Gaming applicants can visit any 3MCogent site throughout the State;

• Short wait times;

• No appointment needed;

• Driver’s license or government-issued photo I.D. is required.

Page 16: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

• A “provisional key badge program” authorizing applicants for key positions in the nonprofits and racetracks to work as the GCB conducts an investigative background. This would allow Board personnel and casino workers to identify these individuals as applicants of key positions through visual inspection ensuring they are properly abiding by their assigned duties.

Page 17: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

• Self Exclusion;

• Key Person Update Form;

• Key Person Renewal;

• Work Permit

Page 18: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting
Page 19: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Pentana Vision 3.0 is the new audit software being utilized for both Racetrack and Non-

Profit reviews by the GCB Audit & Compliance staff.

Page 20: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Pentana Vision is the

Central database for all audits conducted by GCB

Audit Staff.

Page 21: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

•Easy to use interface that works in conjunction with commonly used software such as Microsoft Word and Excel.

•Paperless system (internal)

• A hard copy of the compliance review will still be mailed to the Licensees

•One centralized system for all audit documents.

•Auto-generated reports sent to Licensee

•All Licensee contacts are centralized.

•Easier review and access of gaming documents for auditors

•All information is securely stored on our servers and only accessed by auditors assigned to a particular club.

Page 22: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting
Page 23: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Proactively enforcing and ensuring compliance with the state’s policy on limited gaming activities by strictly regulating these gaming activities to ensure honest and competitive gaming that is free from criminal and corruptive elements and influences;

Proactively enforcing and ensuring compliance of certain games of chance (bingo, raffles, and pull tabs) by licensed nonprofit organizations.

Page 24: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

The New Mexico Gaming Control Board’s Enforcement Division iscomprised of (9) state certified law enforcement agents, (1) non-certified inspector, and (1) administrative assistant. The division agents, inspector, and supporting administrative staff’s duties and responsibilities include:

Enforcement of the New Mexico Gaming Control Act, New Mexico Bingo & Raffle Act, and the New Mexico criminal statutes.

Enforcement of the rules and regulations governing gaming and bingo and raffle activities within the state.

Conducting premise inspections on gaming licensees along with bingo and raffle licensees in an effort to reduce violations, and encourage licensee self-compliance. Inspections may also involve any changes to licensee venue (i.e. gaming room change/surveillance modification).

Page 25: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Conducting criminal and administrative investigations on violations of the New Mexico Gaming Control Act, New Mexico Bingo and Raffle Act, and any state criminal statute. Investigation of patron complaints involving any gaming or bingo/raffle disputes.

Aid in the investigation and auditing process of the state’s gaming venues and in the regulation of the transportation and shipment of gaming media.

Audit the quarterly bingo, and raffle reports submitted by bingo and raffle licensees.

Process gaming patron self-exclusion requests, applicant fingerprinting, and assist/conduct applicant background investigations.

Page 26: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

1. Compliance with acts, statutes, rules and regulations;

2. Adherence to Board’s Minimum Internal Controls including licensee’s compliance with their internal controls, policies, and procedures (house rules);

3. Ensuring minimum bank roll;

4. Gaming checking accounts have no pre-signed checks and verification of signature cards;

5. Surveillance systems are operating correctly;

6. Authorized persons are participating in gaming;

7. Verifying current licensure;

Page 27: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

8. Verifying required employees possess and properly display valid gaming/bingo

badges;

9. Verifying licensed machines are being operated on premise;

10. Verifying only the allowed persons are gaming (i.e. nonprofit members only at

nonprofit locations, no underage players);

11. Thirty (30) days of surveillance footage to include adequate and surveillance

operations;

12. Any other items or document inspection from the licensee deemed necessary by board.

Page 28: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

We are here to help, but we can’t help if you don’t COMMUNICATE with us that you need help. (Sorry, they won’t issue us any crystal balls!)

If you decide to violate the law, or regulation, you are RESPONSIBLE for the consequences!

If we work together, communicate with each other, we will form a positive working relationship, which benefits your organization and our organization.

Page 29: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Agent Clare May:Lincoln, Otero, Chaves, Eddy, Lea Counties

Phone: 505-280-7381

Agent Andres Nevarez: Dona Ana, Sierra, Grant, Hidalgo, Catron, and Luna Counties

Phone: 505-350-0178

Agent Jose Sierra:Curry, DeBaca, Roosevelt, Guadalupe and Quay Counties

Phone: 505-206-8934

Agent Raymond Romero: Los Alamos, Santa Fe, Rio Arriba, San Miguel, Colfax, Mora, Union, Harding, and Taos Counties

Phone: 505-221-7551Agent David Rael Jr.:San Juan, McKinley, Cibola, Valencia, and Socorro Counties

Phone: 505-414-2029

Agent Kevin Littlejohn: Bernalillo, Sandoval, and Torrance Counties

Phone: 505-360-3521

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3 1

6 5

Commander Victor RodriguezPhone: 505-366-4315

Inspector Scott OstaPhone: 505-274-4348

Administrative Assistant Kira FrazierPhone: 505-259-4572

Page 30: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

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Page 31: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Approved by the Board February 12, 2014

Awaiting publication

Review of the major changes to the MICS

Review of the major changes to forms

Monthly Financial Reporting packages

www.nmg.org

- click Divisions and Audit & Compliance tabs

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Page 32: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Each licensee is required to have an e-mail address to be used exclusively for gaming correspondence & communications.

Electronic Fund Transfers (EFTs) between the gaming operations account and the gaming tax and charitable & educational (C&E) accounts are permitted.

Electronic Fund Transfers to Taxation & Revenue to pay gaming taxes are permitted. (print & keep confirmation to verify transaction date).

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Page 33: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Licensees are NO longer required to keep separate gaming specific financial statements.

Licensees are NO longer required to submit monthly financial statements (Balance Sheet & Profit And Loss Statements) to the Audit Division.

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Page 34: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

The Lodge’s/Post’s financial statements and 990 are required as part of the annual gaming license renewal package.

A complete list of the current officers and their contact information (name, title, home address, phone numbers and e-mail address) is required as part of the annual gaming license renewal package.

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Page 35: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

All expenses associated with gaming are to be paid through the Lodge’s/Post’s general operations account. Including:

- Payroll & payroll taxes

- Game room rent & utilities

- Office supplies.

The balance in the gaming operations account shall not exceed $20,000.

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Page 36: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

The charity & educational (C&E) account balance shall reflect the current year’s liability as closely as possible.

Licensees shall disburse all excess C&E account balances within 90 days of notification on allowable C&E disbursements.

ALL uncleared C&E checks over one (1) year old shall have a stop payment issued.

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Page 37: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Appendix 1

- Charity & Educational (C&E) Guidelines

Appendix 2

- Table of Consanguinity, shows degrees of relationships

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Page 38: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Rule 15.1.10.7(I) - “charitable purposes” means activities that promote, directly or indirectly, the well-being of the public at large or the benefit of an indefinite number of persons in the state; the term “charitable purposes” does not include operating expenses of the organization.

Rule 15.1.10.7(M) - “educational purposes” means activities or uses that develop the capabilities of individuals by formal instruction; the term “educational purposes” does not include operating expenses of the organization.

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Page 39: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Rule 15.1.10.32(E) - Distributions for charitable purposes shall be made solely for benevolent, social welfare, philanthropic, humane, public health, civic or other objectives or activities to benefit the welfare of the public at large or an indefinite number of persons.

(1) Charitable distributions shall not be used to fund operating or capital expenses of any nonprofit gaming operator or any affiliated organization of a nonprofit gaming operator.

(2) A charitable distribution shall be made to an organization outside the state of New Mexico only if the organization is either a charitable organization under Section 501(c)(3) of the Internal Revenue Code or the organization is the nonprofit gaming operator’s national organization and the distribution is used for charitable purposes.

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Page 40: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Rule 15.1.10.32(F) - Educational distributions shall be expended solely to benefit an educational institution or organization or to provide financial assistance to individuals in their pursuit of educational goals.

Rule 15.1.10.32 (G) - The executive director of the board shall disallow any distribution for charitable and educational purposes not in compliance with this rule. If a charitable or educational distribution is disallowed by the executive director, the nonprofit gaming operator may appeal that decision to the board pursuant to Section 60-2E-59 of the act.

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Page 41: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Disbursements payable to an individual are limited to $500 per year.

Disbursements payable to third party service providers to assist an individual are limited to $500 per year without prior NMGCB approval.

Disbursements to registered 501c(3) organizations do not have a maximum limit.

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Page 42: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Checks payable to students are limited to a maximum of $500 per year.

Checks payable to the school do no have a maximum limit.

Students can be reimbursed for books, lab fees, student fees, etc. Proof of payment is required from the student.

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Page 43: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Non-Profit Form Matrix – provides guidance on the completion frequency and who is generally responsible to complete, review and sign each form by position.

GC-14NP Chart of Accounts – Eliminated

GC-22NP Patron Dispute form – New

GC-24NP Monthly Financial Reporting form –Revised

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Page 44: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

Due to the Audit Division by the last day of the following month.

- Monthly Financial Reporting form (GC-24NP)

- Copies of ALL three bank statements including images (front & back) or copies of the deposit slips and checks.

- Copies of check registers for each gaming account

- GC-07NP Drop Count forms for the entire month

- C&E supporting documentation.

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Page 45: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

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Page 46: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

H. Upon the receipt of a completed application, an applicant shall be provided a

provisional [gaming license] work permit which shall (be terminated) expire sixty (60) days

after the date of issuance, upon the issuance of a permanent work permit or upon the written

determination by the board to deny the work permit, whichever occurs first. An applicant

whose provisional work permit expires after sixty (60) days may apply for an extension of

the provisional work permit not to exceed an additional sixty (60) days. The board or its

designee may allow the sixty (60) day extension for good cause shown.

Page 47: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

A. No gaming operator licensee shall modify its licensed premises in

any way without obtaining the prior written approval of the board or its designee, on

a form approved by the board. [As used in this section, modification does not

include painting walls or installing or removing flooring, as long as the placement of

gaming machines on the licensed premises is unchanged.]

B. [A gaming operator licensee shall notify the board or its designee

in writing prior to modifying the licensed premises. The board or its designee shall

approve or disapprove the modification. The licensee shall not modify the licensed

premises prior to receiving written approval from the board or its designee. The

written notice shall include a detailed diagram showing the proposed modification.]

Modification of a licensed premises includes but is not limited to changing the

location of gaming machines on the licensed premises. Any licensee seeking to

change the location of gaming machines on the licensed premises shall notify the

board in accordance with the provisions of this rule.

Page 48: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

C. [No modification of a licensed premises] The board or its

designee shall [be approved] not approve any modification of a licensed premises

unless the licensed premises, as modified, [shall meet] meets all the requirements

of the act and this rule.

D. [Modification of a licensed premises includes changing the

location of gaming machines on the licensed premises. Any licensee seeking to

change the location of gaming machines on the licensed premises shall notify the

board in accordance with the provisions of this rule.] A gaming operator licensee

shall notify the board or its designee in writing prior to modifying the licensed

premises. The board or its designee shall approve or disapprove the modification.

The written notice shall include a detailed diagram showing the proposed

modification.

Page 49: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

A. Non-profit licensees shall prepare monthly financial statements

covering all financial activities of the licensees’ gaming operations for submission to

the board. Gaming financial statements shall include monthly and year to date

profit and loss statements and balance sheets.

B. The monthly financial statements shall be prepared using a

double entry accounting system.

C. Non-profit licensees shall prepare financial statements in

accordance with the uniform chart of accounts prescribed by the board.

D. Non-profit licensees shall submit their financial statements to the

board and to the non-profit licensee’s governing body no later than the 28th day of

the following month. Each financial statement shall be signed by the preparer, who

thereby attests to the completeness and accuracy of the data provided.

E. In the event that a non-profit licensee fails to submit monthly

gaming financial statements to the board, the board may require the non-profit

licensee to provide annual CPA audited financial statements.

F. Non-profit licensees shall submit copies of their federal income

tax returns (Form 990) to the board within 30 days of filing with the internal revenue

service.]

Page 50: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

A. Each licensee shall keep accurate, complete, legible, and

permanent records, in the manner required or approved by the board and in

accordance with either generally accepted accounting principles (U.S. GAAP),

international financial reporting standards (IFRS) or other comprehensive basis of

accounting approved by the board, pertaining to revenue that is taxable or subject

to fees under the act. Each licensee that keeps permanent records in an electronic

format shall provide to the audit and compliance services division, upon request, a

detailed index of computer records in a format satisfactory to the board.

B. Each manufacturer, distributor and racetrack gaming operator

licensee shall use double-entry accounting and maintain detailed subsidiary

records, including the following:

C. Each nonprofit gaming operator licensee shall use double-entry

accounting and maintain detailed subsidiary records for gaming activity as part of

their licensed organization’s annual financial statements and shall submit a monthly

financial reporting package as prescribed by the board.

Page 51: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

[E. In the event that the designated gaming accountant cannot

provide monthly financial statements and books acceptable to the board, the board

may require the non-profit licensee to contract with a qualified independent

bookkeeper. The qualified independent bookkeeper shall have either a minimum of

two (2) years experience in performing bookkeeping and accounting duties or at

least an associate's degree in accounting and one (1) year of experience in

performing bookkeeping and accounting duties. The independent bookkeeper is

not required to be found suitable as a key executive or to obtain a work permit so

long as the bookkeeper duties are limited to preparing the gaming books and

financial statements and not signing gaming forms. A qualified independent

bookkeeper shall not be an officer, trustee or board member of the non-profit

gaming licensee.]

Page 52: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

B. The operating account is subject to the following restrictions and

requirements:

(1) all net revenue after replenishment of imprest funds shall be

deposited into the gaming operating account;

(2) if required by the board, a nonprofit gaming licensee [who does

not prepare and file a correct financial statement] shall deposit all gaming funds into

their gaming operating account after each drop and count; [determination of this

requirement should be made by the board or their designee;] and, once the deposit

is made, shall write a check [is written] back to the cashier cage and/or vault (if

applicable) for replenishment;

(3) [at] by the end of the month, the required charity and educational

funds shall be transferred from the operating account into the charity account;

(4) [at] by the end of the month, the required gaming tax shall be

transferred from the operating account into the gaming tax account;

(5) by the end of the month, any discretionary funds shall be

transferred from the gaming operating account to the licensee’s general operating

account;

Page 53: Welcome to the VFNP Training€¦ · • 10:00 am –CMS –Operator Portal Reports: Daily VTR’s & Billing Statements • Donovan Lieurance, IS • 10:30 am –Licensing, Fingerprinting

(6) after making the required tax, charity and discretionary fund

transfers, the remaining funds in the gaming operating bank account are the

property of the licensee. The balance in the gaming operating bank account shall

not exceed twenty thousand ($20,000) dollars. All funds in excess of twenty

thousand ($20,000) dollars shall be transferred to the license’s general operations

bank account. The remaining funds in the gaming operating bank account balance

shall be maintained as a cash reserve to replenish gaming funds, if needed; and

[(5)] (7) the nonprofit licensee shall maintain detailed records of all

deposits into, and withdrawals and disbursements from, the operating account.

[(6) monies in the operating account, with the exception of charity

fund transfers, discretionary fund transfers and gaming tax fund transfers, shall be

used exclusively for the payment of allowable gaming expenses; and

(7) gaming funds shall not be commingled with any other monies of

the nonprofit organization licensee.]

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C. A non-profit licensee shall not commingle gaming funds and other

monies of the nonprofit licensee or use any monies in the operating account for any

purpose other than the [payment of allowable gaming expenses, charity and

educational fund transfers, discretionary fund transfers, and gaming tax fund]

transfers as identified in this [title] section.

D. Non-profit licensees shall establish and maintain a separate

charity and education bank account exclusively for the deposit of all required

charitable and educational funds. The account shall be in a financial institution that

is licensed by the state, a national bank with an office in the state, or in another

financial institution accepted by the board. The bank or other financial institution

shall not be an affiliate of the non-profit organization gaming operator licensee.

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E. The charitable and education account is subject to the following

restrictions and requirements:

(1) non-profit licensees shall deposit the required charity/educational

percentage of net revenue (gross revenues less jackpot payouts) into their

charity/educational account by the end of each month;

(2) the non-profit licensee shall maintain detailed records of all

deposits into, and withdrawals, and disbursements from, the charity/educational

account [unless an exemption is granted by the board];

(3) monies in the charity/educational account shall be used

exclusively for charitable and educational payments as set forth in [this title] the

charity and educational guidelines; and

(4) charitable/educational funds shall not be commingled with any

other monies of the non-profit gaming licensee.

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A. A nonprofit operator licensee may utilize up to 65% of net take,

after payment of the gaming tax [and income taxes], to pay allowable expenses in

reasonable amounts for conducting gaming activities on its licensed premises. If

the nonprofit operator licensee has entered into a valid lease or other arrangement

for furnishing gaming machines, the 65% maximum shall be distributed as follows:

(1) the maximum of 40% of net take after gaming taxes or no greater

than the contract amount if less than 40% for payment to licensed distributors

pursuant to a lease or other arrangement for furnishing a gaming machine; [and]

(2) for payment of other allowable gaming expenses, an amount

equal to the difference between 65 % of net take less the amount paid to the

distributor as described above.

B. The percentage set forth in this section constitutes the maximum

amount that may be paid annually for allowable gaming expenses from net take.

No other expenses related to or arising out of gaming activities shall be paid from

net take or gaming revenues, including but not limited to supplies, fees for

management and other services, and repairs to and maintenance of licensed

premises and gaming devices. These funds shall be transferred each month to the

licensed organization’s operating account.

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G. The board shall maintain and publish guidelines that establish the

allowed and disallowed uses for charitable and educational funds. The nonprofit

operator licensee shall comply with these guidelines in making distributions from its

charitable and educational account.

[G] H. The executive director of the board shall disallow any distribution

for charitable and educational purposes not in compliance with this rule. If a

charitable or educational distribution is disallowed by the executive director, the

nonprofit gaming operator may appeal that decision to the board pursuant to

Section 60-2E-59 of the act.

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I. “charitable purposes” means activities that promote, directly or

indirectly, the well-being of the public at large or the benefit of an indefinite number

of persons in the state; the term “charitable purposes” does not include operating

expenses of the organization or any affiliated organization;

M. “educational purposes” means activities or uses that develop

the capabilities of individuals by formal instruction; the term “educational purposes”

does not include the operating expenses of the organization or any affiliated

organization;

O. “independent administrator” means (a) a bank licensed by the

state [of New Mexico] or a national bank with an office in [New Mexico] the state; or

(b) an insurance company admitted to transact business in [New Mexico] the state

with a best insurance rating of “A,” “A+” or “A-”; and (c) one that is not an affiliate of

the gaming operator licensee;

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H. [Every] A licensee [will] that is a manufacturer, distributor or

racetrack gaming operator licensee shall report [and provide all] to the board in

writing within 60 days if it becomes a party to any civil, administrative[ complaints]

or regulatory action or cause of action in any jurisdiction where the licensee

reasonably believes the amount in controversy is $5,000 or more. [of which they are

a party and any supporting documentation deemed necessary by the board]. A

licensee that is a nonprofit gaming operator shall report to the board in writing

within 60days if it becomes a party to any civil cause of action where the licensee

reasonably believes the amount in controversy is $1,000 or more. A licensee that is

a nonprofit gaming operator shall report to the board in writing within 60days if it

becomes a party to any regulatory or administrative action. Following such written

report, a licensee shall provide any additional documentation requested by the

board within the time frame specified in the request for additional documentation.

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I. A licensee that is a nonprofit gaming operator licensee shall notify

the board in writing within 30 days of any change in membership of the licensee’s

governing board or officers, including the names, telephone numbers and

addresses of new board members or officers.

J. A licensee that is a racetrack gaming operator shall notify the

board within 30 days of any change to its organizational structure or management

responsibilities.

K. Each licensee shall notify the board within 30 days if it becomes

subject to any tax leins.

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A. Any licensee may seek a variance of any provision of the board

rules or minimum internal control standards. The licensee shall submit the request

in writing to the board’s legal division on a form provided by the Board.

B. The variance request shall include:

1. the licensee’s name;

2. the licensee’s license number;

3. the licensee’s address;

4. the specific section of the rules or minimum internal control

standards for which the variance is being sought; and

5. a specific basis for the request, including an explanation of

any business justification for the request and a showing of how the variance request

is in the public interest.

C. If the board determines that the variance request is in the public

interest, it shall grant the variance in writing within sixty (60) days. If the board or its

designee determines that the variance request is not in the public interest, it shall

deny the request in writing within sixty (60) days. Failure of the board to respond in

writing to the request shall be deemed a denial of the request.

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D. The board shall not grant a variance for any provision of the act or

any provision of the rules or minimum internal controls that is mandated by the act.

E. Any variance granted shall be for a specific period of time. A

variance that is granted without specifying a time period shall expire upon expiration

of the license.

F. Upon expiration of the variance, the licensee may submit a

request for renewal of a variance using the variance request form. A renewal

request shall be considered on the same basis as a new request, without any

presumption that the request should be renewed.

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C. In addition to any other information required, the renewal

application for a nonprofit organization gaming operator license shall include a copy

of its amended charter, if any, articles of incorporation, bylaws, or rules that

establish regular or auxiliary membership requirements, the name, home address,

phone number and email address of each member of the governing board, a copy

of the licensee’s most recent annual financial statements and a copy of its most

recent federal income tax return (Form 990). The board may deny a license

renewal application if it determines that any amendment has opened, or may open,

gaming activity to persons beyond those authorized under the act.

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C. The applicant shall submit to the board, with the initial application,

a copy of the applicant’s current charter, articles of incorporation, bylaws, or rules

that establish membership requirements. In addition, with the initial application and

license renewal applications, the organization shall submit evidence of good

standing and the names and addresses of the applicant’s current bona fide

members and any auxiliary members. In lieu of the membership list, the board may

accept, in its discretion, a statement from the highest ranking official of the nonprofit

organization attesting to the fact that the organization meets the membership

requirements described in this subsection. The applicant shall also submit the

name, home address, phone number and email address of each member of the

governing board.

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B. Any contract or lease agreement submitted for review shall

include copies of any ancillary agreement, shall state with specificity the beginning

and expiration date of the contract and shall include meeting minutes or other

evidence that the contract has been approved by the nonprofit gaming operator’s

governing body.

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66

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organizations receive all monies

raised from these games &

players get an honest game

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2005 Bingo & Raffle Act amended

2006 NMAC 15.4 amended

2009 Bingo & Raffle Act repealed

2009 New Mexico Bingo & Raffle Act enacted

2012 NMAC 15.4 published after a complete

overhaul

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• the NM Bingo & Raffle Act

• the NMAC 15.4.1

• the House Rules

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• to hold more than one bingo or

raffle per quarter

• to play pull-tabs

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• deposit all receipts

• write checks for all expenditures

• submit quarterly reports

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• manager(s)…staff permit required

• caller(s) …staff permit required

• bookkeeper…staff permit NOT required

• cashier(s)…staff permit NOT required

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Bingo

Bingo & Pull-tabsBingo & Raffles

All

Pull-tabs

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$0

$100,000

$200,000

$300,000

$400,000

$500,000

$600,000

0 10 20 30 40 50 60 70 80 90

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$0

$100,000

$200,000

$300,000

$400,000

$500,000

$600,000

$700,000

Bingos Pull-Tabs Raffles

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• anything you want…