N.M. Code R. § 1.5.22.8 – Procedures

A. Scope:
(1) Use of division premises for short term (thirty (30) days or less) charitable purposes, by non-profit organizations, shall not be subject to the provisions provided in GSD Rules on Concession Sales (GSD 86-505) or GSD rules on leasing (GSD 86-504) [now 1.5.16 NMAC] but shall follow the requirements set forth hereafter. Use of premises may include advertising or promotional activities for charitable purposes to the extent specifically authorized by the director.
(2) The provisions of this regulation shall apply to use of premises designated through joint powers agreements entered into by the division, wherein control of such premises is designated with an agency other than the division and to premises under lease pursuant to division regulation GSD 86-504 [now 1.5.16 NMAC].
B. Registration: Any individual or organization wishing to use division premises for charitable purposes must register with the director. Applications for registration shall be on the form attached to this regulation as [sub-section 11.1] Appendix 7.1, which shall set forth, among other things, the location or locations that may be used, the days of the week and times of day for such use, and a termination date of such use. Approved registrations shall expire no later than thirty (30) consecutive calender [sic] days after date of issuance. Applicants must provide their name, address, phone number, signature, and agree to a provision that the director may, by advanced written notice, 1) change the time and place for use by the applicant, and 2) advance the termination date for the use of the building.
(1) Length of use: Approved registrations shall state the length of time the registered entity may use division premises, stating the precise dates, and, if applicable, the hours, each premises may be used. The total number of days for all premises in which use is authorized shall not exceed thirty (30) consecutive calendar days. Applications requesting more than 30-days use shall be restricted to the maximum 30-day period.
(2) Proof of filing: All non-profit organizations registering under this regulation who are subject to the provisions of the Charitable Organizations and Solicitations Act shall provide the director with a showing of filing with the attorney general of New Mexico pursuant to the requirements of the act, as well as proof of current compliance with the provisions of the act.
(3) Professional fundraisers: All professional fundraisers associated with a non-profit organization's activities on division premises shall be listed in the application (appendix 7.1 of this regulation [now 1.5.22.11 NMAC] and provide the proof of compliance required in Section 6.2.2 [now paragraph (2 ) of Subsection B of 1.5.22.10 NMAC], above, in all instances where the non-profit organization is subject to the act.
C. Compatibility with state functions: All applicants for use of state buildings under this regulation shall agree, in writing, that their activities will not interfere with the work functions of the agencies located in the buildings in which the applicant's activities occur and agree to the provisions of these rules. The director shall notify the agency head for each agency using the area in which an applicant is granted permission to conduct his activities. The agency head shall notify the director, in writing, if he has any objections to any of the provisions regarding scheduling, location, and nature of the applicant's activities. The director shall modify or withdraw the per mission granted to the applicant whenever there is a showing of interference, by an agency, with the activities of an agency.
D. Proof of non-profit status: The director shall require any individual or organization registering under this regulation to provide proof of both the non-profit status of the applicant and the charitable purpose of the activities on the division premises including, but not limited to, an accounting of the use of the proceeds obtained from all sales and solicitations on division premises.
E. Sales or solicitation: Charitable purposes activities in division premises may include solicitations or sales. The nature of such sales and/or solicitations shall be specified in the application by the applicant. If sales include selling food products, the director shall require proof of compliance with applicable health standards and may require proof of food purveyors and product liability insurance coverage in an amount acceptable to the director.
[Recompiled 11/30/01]
[Compiler's note: Paragraph (1) of Subsection A of 1.5.22.10 contains a reference to GSD 86-505, Concession Sales Regulations that were not filed in accordance with the State Rules Act.]