NOTICE OF VIOLATION 

VIA FACSIMILE AND CERTIFIED MAIL 

Ref. No. : NOV-97-M02 

May 30, 1997 

James P. Weisman - ' 

President 

JTW Consultants, Inc. 

3801 North 44th Avenue 

Hollywood, Florida 33021 

Respondent 

1. The Chairman of the National Indian Gaming Commission (NIGC) 

hereby gives notice that the JPW Consultants, Inc. (hereafter 

referred to as nJPW1l or the uRespondent''), manager of Seminole 

Indian Bingo of Hollywood (hereafter referred to as the 

"Hollywood gaming operationvv) is in violation of the Indian 

Gaming Regulatory Act (IGRA) and NIGC regulations1 as set forth 

below. 

2. The circumstances of the violations are: 

,. The Seminole Tribe of ~lorida (Tribe) is a federally 

recognized Indian Tribe. From July 4, 1996, through February 3, 

1997, the Tribe has owned a gaming operation known as Seminole 

Indian Bingo of Hollywood located on tribal lands in Hollywood , Florida. JPW is a Florida corporation engaged in the business of 

managing gaming operations on Indian lands. During this time, 

the Tribe's gaming operation has been managed and directed by 

JPW. 

'NIGC regulations are set forth in Chapter 111, Title 25, 

Parts 500-599 of the Code of Federal Regulations. All sections 

of NIGC regulations cited in this Notice refer to pertinent parts 

of Title 25. NIGC regulations implement provisions of the Indian 

Gaming Regulatory Act, 25 U.S.C. 2701 et seq., signed into law on 

October 17, 1988. 
3. The Respondent is in violation of the NIGC regulations as 

follows : - (a) Under NIGC regulations a tribe may enter into a 

management contract for the operation of a class I1 or class I11 

gaming facility. All management contracts executed after 

February 22, 1993, are to be submitted to the Chairman of the 

NIGC for review upon execution. 25 C.F.R. 533.2(b). Such 

contracts become effective upon approval by the Chairman. Id. at 

533.1(a). 

JPW1s operation of'the Hollywood gaming operation fails to 

meet the requirements of section 533.1. On May 15, 1996 the 

Tribe adopted resolution No. C-153-96 approving a management 

agreement between the Respondent and the Tribe which provided for 

JPW to manage the Hollywood gaming operation. Under this 

agreement JPW exercised broad managerial authority over all 

aspects of the ~ollywood gaming operation including the authority 

to direct and control all casino employees. Since at least July 

2, 1996, the Tribe and JPW have been operating under the 

Agreement and JPW has continuously managed the Hollywood gaming 

operation from July 2, 1996 to the present date. On February, 7, 

1997, the Agreement was submitted to the Chairman of the NIGC. 

The Agreement between JPW and the Tribe has never been 

approved by the Chairman of the NIGC. A management contractor's 

operation of any gaming facility without a management contract 

approved by the Chairman pursuant to 25 C.F.R. Part 533 

constitutes a substantial violation of NIGC regulations. See 25 

w C.F.R. 573.6 (a) (7) . JPW has operated gaming at the Hollywood 

gaming operation without obtaining approvals necessary to fulfill 

the provisions of the IGRA and the requirements set forth in 

Section 533.1 of the NIGC regulations. Accordingly, JPW is 

unlawfully managing a gaming facility on Indian lands. 

(b) Class I11 gaming is all forms of gaming that are 

not class I or class I1 gaming. See 25 C.F.R. 502.4. Class I11 

gaming includes, but is not limited to, any slot machines as 

defined in 15 U.S.C. 1171(a)(1) and any electronic or 

electromechanical facsimiles of any game of chance. 2 

Since January 28, 1997, the Respondent has offered video 

pull tab machines, superpick lotto machines, and Touch 6 Lotto 

machines for play at the ~ollywood gaming operation. In 

addition, the Respondent has operated poker games in the 

Hollywood facility which are not consistent with state 

limitations. Each of these gaming machines and card games 

'~n electric or electromechanical facsimile is any gaming 

device as defined in 15 U.S.C. 1171 (a) (2) and (3). See 25 

C.F.R. at 502.8. 
constitute a Class I11 gaming activity under the IGRA and NIGC 

regulations. The Tribe does not have an approved tribal-state 

compact with the State of Florida which authorizes the playing of 

class I11 machines at the Hollywood gaming operation. t 

Accordingly, the Respondent is operating class I11 games in 

the absence of an approved tribal-state compact in violation of 

25 U.S.C. 2710(d) and 25 C.F.R. 573.6(a) (11). 

4. The measures required to correct the violations are: 

The Respondent shall cease all management and class I11 

gaming activities at the Hollywood gaming operation effective 

immediately. - 

5. The violations cited in this Notice of Violation may result 

in the closure of the Hollywood gaming operation or the 

assessment of civil fines against the Respondent in an amount not 

to exceed $25,000 per violation per day. The Respondent may 

submit written information about the violation to the Chairman 

within fifteen (15) days after service of this Notice of 

Violation (or such period as the chairman may grant for good 

cause). a. at 575.5(a). The Chairman shall consider any 

information submitted in determining the facts surrounding the 

violation, and the amount of the civil fine. Such information 

should be submitted to: Chairman, National Indian Gaming 

Commission, 1441 L Street, NW, Ninth Floor, Washington, DC 20005. 

6. The Respondent may appeal the allegations contained in this 

yu Notice of Violation to the full commission within thirty (30) 

days after service of this ~otice. Id. at 577.3. The Respondent 

may appeal these allegations by submxting a notice of appeal to 

the Commission at the address shown in Sec. 5 above. The 

Respondent has the right to be represented by counsel in such 

appeal. A notice of appeal must reference this Notice of 

Violation. within ten (10) days after filing a notice of appeal, 

the Respondent must file with the commission a supplemental 

statement that states with particularity the relief desired and 

the grounds therefore and including, when available, supporting 

evidence in the form of affidavits. 

If the Respondent wishes to present oral testimony or 

witnesses at a hearing, the Respondent must include a request to 

do so with the supplemental statement. The request to present 

oral testimony or witnesses and the general nature of their 

expected testimony, and whether a closed hearing is requested and 

why. The Respondent may waive the right to an oral hearing and 

instead elect to have the matter determined by the Commission 

solely on the basis of written submissions. 
7. A copy of the regulations published in the Federal ~egister 

on January 22, 1993, is included with this Notice of Violation 

for your information. The copy contains the full text and 

explanations of the regulations cited in this Notice of 

Violation. 

cda- 2, AbuI 

Ada E. Deer 

Acting Chair 

National Indian Gaming Commission