1. A. Features used to identify an amusement device include, but are not limited to, the following:

   (1) average player—an ordinary person can, with reasonable application to the problem, learn to score and win games consistently;

   (2) control by player—the device gives the player the opportunity to exert continuous, effective control the entire duration of the game;

   (3) time of play—the game is not operated on a timed cycle, and the player can, depending on skill level, affect the time of play of the game;

   (4) single coin feature—the denomination of coins used to activate the machine cannot be varied by the owner;

   (5) conversion of machine—the device cannot be easily converted into an actual payout machine;

   (6) no accumulation of credits—the device has no credit meter or other means to accumulate credits; and

   (7) no knock-off switch or other means to remove credits earned.

2. B. Any device incorporating the features described in Subsection A of 15.1.22.8 NMAC will be presumed to be an amusement device and will not be subject to seizure and forfeiture as an illegal gaming machine.

[15.1.22.8 NMAC – N, 3/15/99; A, 1/31/02]