§ 11-04-090. Gambling—Permissive lottery.

(a)

Nothing in this division 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 such fair shall be expended in this state for the benefit of such church, public library, religious society or charitable purposes.

(b)

A lottery shall 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 purpose and no part of such proceeds to any individual member or employee thereof.

(c)

Nothing in this division shall be held to prohibit any bona fide motion picture theater from offering prizes of cash or merchandise for advertising purposes, in connection with such 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.

(d)

Nothing in this division shall be construed to apply to any lottery operated by an organization exempt from state income tax pursuant to Subsection B of Section 7-2-4, N.M.S.A. 1978, as it may be amended from time to time; provided that:

(1)

No more than two (2) lotteries shall be operated in any year period by such organization;

(2)

All gross proceeds, less the reasonable cost of prizes of any lottery operated by such an organization, shall be expended in the state for the benefit of the organization or for public purposes; and

(3)

No part of the proceeds of any lottery shall go to any individual member or employee of any organization except as payment for the purchase of prizes at no more than the reasonable retail price.

(Code 1960, § 6-4-5; Ord. No. 732, 7-26-88)

State law reference

Similar provisions, N.M.S.A. § 30-19-1.