Cco-76-18

upon such terms and conditions as the Gaming—Regulatery
Offtee—NNGRO may determine appropriate, including but not
limited to, disciplinary action and legal action;

G. To establish a list of persons who, because of their criminal
history or association with career offenders or career
offender organizations, pose a threat to the integrity of
the Gaming Activities of the Nation, or are barred from any
Gaming Operation within the Nation pursuant to §-2049{£} §
2085(F) of this #he—Ordinance;

H. To approve the rules of each game of chance operated by the
Nation pursuant to Seetien 2004-0e£ this Ordinance;
E Pfo-req that—alt + t5—fer ppiies; j ef
> + £—ten—th adel
40-909 = £ + to £ £ 14
7 ait ics £ ss i—legat
‘ A 4% b biect
ea g ating weg g 3
& 3 ait b ind dent tified B14
annuad Ss 4 2 #: etified—_p
tant—liecensed_in tate;

I.d—To perform background investigations as may be required on
License applicants in accordance with this Ordinance, the

; = £ = _Gamin
IGRA, and the Compacts; sy—appit + g
Paeitit tort Ti 5 M t La
ddd e 7 ng—Manages 7
M. facet 1 Lierts ti i Emot 4
pplier bieense; g-Empley bieer
a i - £ Ley £ pei M. +
and pp position ¥ g
££ieial K Emot 1th A Pocilit toe:
ffiet ¥ p ha Gaming +y—Op- +

J.%—To approve or deny applications for licenses or to limit,
condition, restrict, revoke or suspend any license which it
has granted;

K.&--To issue licenses and employee identification cards on such
forms as may be designated by the Gaming-Reguiat £E
NNGRO;

L.M—To issue a notice of violation to, or impose a civil penalty

upon, any person ex—entity for violation(s) of any
provision(s) of this Ordinance or the Aet—IGRA;

M.N-To detain any persons who may be involved in illegal
activities for purposes of notifying and summoning
appropriate law enforcement authorities; and

Ne To license the operation or conduct, in whole or in part, of
Gaming Activities within the Nation, and to _ specify
conditions thereof in accordance with this Ordinance, the
IGRA, and the Compacts;

Page 18 of 78


|”

CO-76-18

The disclosure of our Social Security Number (SSN) is
voluntary. However, failure to supply a SSN may result in
errors in processing your application.

The following additional notice shall be placed _on the
application form for a Key Employee or a Primary Management
Official before it is filled out by an applicant:

A false statement on any part of your license application
may be grounds for denying a license or the suspension or
revocation of a license. Also, you may be punished by fine
or imprisonment (U.S. Code, title 18, section 1001).

§ 2043. License Fees

The Nation may charge a reasonable license fee, to be set by the

NNGRO, to cover its expenses in investigating and considering

license applications.

Subchapter 10 Back at

Netifieati

bieati +
Pp + g igatiens;

§ 2044,-2026—Background Investigations

[>

The NNGRO shall perform a background investigation for each
Primary Management Official and Key Employee in a Gaming
Operation. The investigation must be sufficient to allow the
NNGRO to make an eligibility determination under Section 2046
of this Ordinance, and any additional investigation
reasonably deemed necessary and proper by the NNGRO to comply
with this Ordinance, the IGRA, and the Compacts.

gat eh A ided i tribal-stat + + a
at isa dina te iss
int bet +h i 4 Mats a tat th i
an B + A—and—a 7 g
R Tat ££4 hatt at alt +4 4 A 3 halt
¢ = in-piece;
last dat 4 + £ +4
£eg = and—impe 7 wetting
baek a + + £ 3 + £ i $
BERS g * = EY app g
a ih a Sueh € halt 4 +h +h
under + AS ‘
A + £ +h} ai a@—th Ret a hak
qirenm ae Fy T
led + ind +44 + £ a. £ 3
T rina; ed
ilable;—tribal tat g_fed 3 3 £
avet T & ¢ fereemen
£ th H + Leh
geneies; rere 7
+h tad trib. a + + a
#ib; AGag g tivities; ¥
nd-—aiteth £-iné +4 ibtete—th aming
R Lat ££4 £ th 4 + hat
Regut ¥ puEep . ¥ i-ensee
that alt 34 + tified of thei tet a +h
+i—app —ei—tt g
Pp + Pp. fied 25 ER Part 55

The NNGRO is responsible for conducting the background
investigations of Primar Management Officials and Key
Employees. The background investigation shall include a check

Page 39 of 78


Th dada £ 1 hat
ke Thera re + any g g
= hich th dy filed
g h—h: persen—_h + an
1 f- £ es 1-4 ==
PY a y T
heth + hI} = tod:
p gear
ua 3 a + byate
ht At 2 S87 p
££ hieh th 3 to by. +
sas 7 Rieh—th pp Ss
tudes. < +4 £. +h 4, + et
g—d siptieon sas RaEege;
dds es + Lye qth dat
dispesiticon;
t of £ +
Fe Gexp. 7
- + phot b a
* s err
let a - £ ja 3
or apt
statement
th £ + 7” h th
2. n-th = —P 2
pity al al 4 bek fo in
appiying_fer Lieer ft 5s 767
g of +h a :
Th aa a +h adi 4 +4 +
a 7 7 per
baek a £ + hth ined
g principals;
b adied 4 +4 +
* r
bh of it lated
7
rent bsid
eins
7 + £
a tpt £ 5 that b
e hd sip 2 ? ree
Rei ipak Ha had ih +h Ine + by.
3 i & + +h
g-g 7 RARAGEMER f 7
+h ‘ aust WW inelud
ss gaming ¥ g Yr g
44 44 +h € eleb c= 13.
S he—name—and-eadds g
Lat ith which b b
g g y—with which =
had taet 4 a
ating gaming?
lete £4 jal stat tof b Peineival
a rap £inar #ineipai.
The ing—Regubateory Offt NNGRO and its staff may assist

any applicant in assembling all information required for
processing of the application, but no application will be
processed until it is complete. The ingReguiater ££4

NNGRO staff may at any time after an application is submitted
request the applicant in writing to supply additional
information to enable the 4 R tater ££4 NNGRO to

s =
which request

complete the processing of the application,
must be complied with forthwith.

Page 35 of 78


co-76-18

3. A__summary of the information presented in the
investigative report, including:

a. Licenses that have previously been denied;

b. Gaming licenses that have been revoked, even if
subsequently reinstated;

ce Every known criminal charge brought against the
applicant within the last ten (10) years of the
date of the application; and

de Every felony offense, or Nation equivalent
thereof, of which the applicant has been convicted
or any ongoing prosecution; and

4e A copy of the eligibilit determination made in

accordance with Section 2046.

§ 2048.—2028. Notification to the Gaming—Commissien NIGC and
States

A.

Within the time requirements established by the Commission,
eh ming—Regulatery Offiee-NIGC, the NNGRO shall transmit
to the Cemmissien—NIGC a complete copy of license
applications or such other information of Primary Management
Officials and Key Employees as may be required by the
Commission IGRA. After completion of the background check
of the—such applicant, and within the time requirements
established by the CGommissienNIGC, the Gaming—Reguletory
o£fiee-NNGRO shall provide to the Gommissien—NIGC a complete
report on the results of such ¢he- background investigation.
In the event the ring Reguiater £84 NNGRO receives any
information from the Ceommissien—NIGC concerning #ke—such
applicant, such information shall be taken into account by
the ing—Reguiatery ££ NNGRO in its action on the
application. The ine-Regutetor ££ NNGRO shall notify
the Commissiern—NIGC if the Gaming—Regulater £4 NNGRO
does not license am—-such applicant.

Upon issuance of a Primary Management Official or Key
Employee license under this Ordinance, the Gaming-Reguiatery
Offiee—NNGRO shall give notice thereof to the Commission
NIGC, as _ may be required by the IGRA. Should the Gaming
Regulat £44 NNGRO receive information from the
Commissien-NIGC indicating that a Primary Management Official
or Key Employee does not meet the standard established in
this Ordinance or in the Aet—IGRA for issuance of such a

license, the ing Reguiet ££4 NNGRO shall immediately
uspend nod aad Let ciee_theresf$to—th

Page 44 of 78


co-76-18

obligations and responsibilities placed on the United
States government under the Privacy Act as applied to the
Cemmissien NIGC pursuant to the Indien ating—Regitates
Act—IGRA.

00.BB- “Public Employee” means a public employee within the
meaning of the Navajo Nation Ethics in Government Law, 2
N.N.C. § 3754-3743 (Q).

PP.BE- “Public Official” means a public official within the
meaning of the Navajo Nation Ethics in Government Law, 2
N.N.C. § 3754+-3743(S).

QQ.FF- “State” means the State of Arizona, State of New Mexico,
ese State of Utah, or any other state in which the Nation
has Indian Lands, and any of their authorized officials,
agents and representatives.

RR. “Vendor” means a Person that provides Gaming Services to
the NNGE or a Gaming Operation for conducting Gaming
Activities in a Gaming Facilit

YPeibat i Ent ioe the Nati +
& = ) e 7 P
£—_the—Nation; ¥ ach th eit £ th Nat
a 4 ted eh ANG + Nak a a +
g 5 nduet—aCaming
Subchapter 3. Navajo Nation Ownership
Tribal ha au £ Net R
Pp ‘Ss £N

§ 2005.-2004.Txibal Navajo Nation Ownership of Gaming Activities

The Nation shall have the sole proprietary interest in, and
responsibility for, the conduct of any Gaming Operation authorized
by this Ordinance, with the following exceptions:

A. Class I Gaming: and

B. Small bingo games and raffles, as provided in Section 2081
of this Ordinance; and

Cc. Lottery conducted at_a Gaming Facility, provided that such
Gaming Facility be licensed only to NNGE.

ALi —Caming—Activiti ithin the-Natien shall 6 d-entirel

by the Nati a ducted a ted 5 Peipal

¥ : ¢ perated_by—a g

Pat ‘ ith the follows 4
prise; g ption

Ay Classi Caming;—and

Be mati—binge—g d-raffies—as—p a tion 2047 of
thisOrdinance-

Page 12 of 78


Cco-76-18

Subchapter 17. 15.—Amendments; Compliance with Applicable Laws,
etc.

§ 2090.-2052. Amendments

This Ordinance may be amended by action of the Navajo Nation
Council upon recommendations from the Resources and Development
Committee, NNGRO, and NNGE, and shall take effect immediately upon
its approval by the Chair of the NIGC.

§ 2091.—2053. Compliance with the IGRA—Act

All Gaming Activities conducted pursuant to this Ordinance shall
comply with the terms and conditions of the IGRA Act.

§ 2092. 2054.—Severability

If any Section, provision, or portion of this Ordinance is
adjudged to be invalid by a court of competent jurisdiction, the
remainder of this Ordinance will remain valid.

§ 2093.-2055. Non-liability

The Nation declares that there is no liability on the part of the
Nation, its agencies, agents, or employees for any damages which
may occur as a result of reliance upon or conformity with the
requirements of this Ordinance. The Nation by adoption of this
Ordinance does not waive its sovereign immunity in any respect.

§ 2094. 2056. Navajo Preference

Preference in employment and contracting by the NNGE and at each
licensed gambiing tablish + Gaming Facility shall be in
compliance with the Navajo Preference in Employment Act, 15 N.N.C.
§ 601 et+ seg., and the Navajo Nation Business Opportunity Act,
5 N.N.C. § 201 et+ seq.

§ 2095. Compliance with Federal Law and Compacts

A. The Nation shall comply with all applicable federal laws,
including the Bank Secrecy Act, 31 U.S.C. § 5311 et seg.,
and all reporting requirements of the Department of Treasury,
the Internal Revenue Service, the Financial Crimes
Enforcement Network, and any other related divisions thereof,

as applicable.

B. This Ordinance shall be construed to the extent possible to
be consistent with the applicable Compact(s).
C. To the extent this Ordinance is inconsistent with federal

law or a Compact, federal law or the respective Compact shall
supersede.

Page 72 of 78


|=

\=

co-76-18

In its decision to license any facility, or to amend any
existing license to permit the conduct of new or different
Gaming Activities at a licensed Gaming facility, the Gaming
Reguiatery Offiee—NNGRO may specify, consistent with the
provisions of the Ordinance, terms or conditions it believes
necessary or appropriate to ensure the health and safety of
patrons and employees of any such facility, the integrity of
the Gaming Activities carried on at such facility, and the
security of gaming proceeds. If dissatisfied with any such
condition, the applicant may request that the Gaming
Reguiatery Cffiee-NNGRO reconsider its determination. Upon

such request for reconsideration, the Gaming—Regutatery
office—-NNGRO shall issue a written decision within fifteen
(15) calendar days of its receipt of the request for
reconsideration. A decision b NNGRO with regard to a
Facility License may not be appealed to any court, tribunal,
or administrative body.—th vitten—decisi £—th ing
Regubat $F 4 rtitute final +4 fh A
ReguieteryCffiee—

The NNGRO shall submit to the NIGC Chair a notice that
issuance of a Facility License is under consideration by the
NNGRO. This notice must be submitted at least one hundred
twenty (120) calendar days before the opening of any new
place, facility or location on Indian Lands where Gaming
Activities will occur.

44

+g

The NNGRO shall submit a copy of each newly issued or renewed
Facility License to the NIGC Chair within thirt (30)
calendar days of issuance, along with any other required
documentation.

Lect the follows £

Lieats ath

Hh

Page 54 of 78


CcO-76-18

accessibility, food, drink and sanitary needs for patrons
and employees, security, and law enforcement and other
concerns raised by the type of Gaming Activity proposed to
be undertaken in compliance with this Ordinance, the IGRA,
and the Compacts Aet;

The Nation or f¥ibeal ing—Enterpet NNGE has agreed to a
Management Contract or has made provision for management of
the facility under terms and provisions that ensure that the
activities will be carried out in a manner consistent with
the requirements of this Ordinance, that the contracting
party or parties have received appropriate licenses issued
under the provisions of this Ordinance, and #het all
applicable employees hold Gaming Employee Licenses issued
under the provisions of this Ordinance; and

In all other relevant respects, the facility will be operated
in a way that is fully consistent with the provisions of this
Ordinance, and that its operation will further the interests
of the Nation with respect to its operation of gaming
activities.

§ 2062.—2031.—Application for a New or Amended Gaming—Facility
License Preeedure; Inspection

A.

An application for a new or amended Gaming—Facility License
shall be submitted by the fribat g-Entexrp. applicable
Licensee prior to the commencement of operations at the
facility or the commencement of the new Gaming activity at
the facility for which an amended license is required.

The ing—Reguiat ££4 NNGRO shall by regulations
prescribe the information required to be submitted with such
applications .—;—but—at 7 #: ppiiecetion—_tee
i A facilit hall ineludethe fel
g faeili a +
1- Phe-name;speeifiepesit d—jeb—d pt —
to b 1 a M, + OFF 1
2 apt d—as—Primaryt g
k inf 1 f th £ =e
¥ 2 & he—facitity;
ae Fob—ed. viptior £ +h 2 + Riek
i116 3 dat the facilit
person 441-5: ie yt
3 A-—detailed 4 pe £ h g—Aet be be bb
a4 t the € Lit + th th ted
Age ¥7 g P Se
4 a pti £ eh ternal ¢xois;—pian £
tien—and—ait edination—metheds—and—#
fer—the—safeguarding—of assets; ing—th ¥
a Liabilie fie + dat +
g 72

Page 52 of 78


th
nl

if
‘q
mae?
¢g
4

id

q

iH

£e4
g-Offt pPESP att

§ 2071.—2036.Investigation of Complaints

A.

The ing—Reguiater ££4 NNGRO shall investigate all
sweren—complaints that are £ited—lodged with the Gaming
Reguiatery _cffiee—NNGRO alleging that a licensee is acting
in violation of the terms of any license, or a Gaming Facility
is not being maintained in accordance with the terms of any
license or does not adequately protect the health, safety
and welfare of the employees or patrons.

The Gaming Reguiat £E4 NNGRO shall give provide to the
Licensee written notice of and—srevide all complaints,
together w with copy of he sworn any written complaint tethe
iicensee—and_a_detailed description of any non-written
complaint. The copy provided to the Licensee may redact the
name of the individual filing the complaint or other
witnesses. The Licensee shall file with the Gaming
Reguiatery_cCffice—NNGRO a written reply to the complaint
within fifteen (15) working days of receipt of the notice
and complaint.

Following receipt of the Licensee’s response to the
complaint, the ing—Regutateryoftt NNGRO shall cause a
full investigation to be made of the allegations. If the

g—Reguiatex ££4 NNGRO determines that a violation
of the—this Ordinance, NNGRO regulations, or the IGRA Ae&t
has occurred or is occurring, the Executive Director shall
issue a notice of violation or commence license revocation

or suspension procedures in accordance with this Ordinance
+h € +h apt re

if
q
th

+ iF e provi
+4 203515 £ thi hapt 3 to—-th

{.
it

7

t—efi—the Navajo Hation_feor_revi £ f

ati 4 4 -£ 14 2
Hy-appiiear

tite 14 2 es

Hh

it
tb

i

yf

D
a

'¢
q
q

tT
fi
4

a trol £ A +4 3 +o—tht
¥—-P gaming—epera pply +t
Disteiet of the NavajoNati £ i £ final
te £ th i R Lat ££i

Page 58 of 78


+ ind eee! £ 4
amu —p sey 4
dell 4,000,000} ident q+ ridtion
dell 900-990 + 4
7 7 EE) se my PVT eey 7
4 al bo} 5. batt +b Le vat aelt. a
g att net td; eved;—4
a that b of ‘ Paciiit 4
hat—pae £ Hing
49. The—Teibal od hall a t that
gEnterp hati—spend—an—ameur
: 3 +h " £ £ 1950 fie
+ han—on—quartex—ef—ene—p-
+ aed that + is—defined } diy te fund
+ £, tho + + + a pot £
SP g £ he-treatment—and—assistar
1 i514
ad ) eg
4 4 + + + a4 $+ 3
is, Ag—any management 2 4 ~
FEL LS 4 +4 == b that + £. + +
£Ei—Gaming ¥ sa
& + £ tribe] law and the ICRA and th
ati d-th a
g +
49 4 £ 4 EEE arming haii—b
a-£ t—Least—four " utd b daily,
bP vas { ca i heii s
ghThursda . 2
ia pie + athe _N Nat hall
+ i 4 +
id zt —_ id +
7 7 nore provid ¥—aerang
a hold by £ <a Lede £,
a heotie—b. EAGes; ging
& a i & Paeiilit
= r ]
£ dit +4 ntieement—ter
a
g +
4 The-N So Nak the M A i R & ££4
+ + 7—theN + aming—Reguiatery Offi
& s hall 5. hibited €
tOHAG EME ntra haii—be—prehibi
} } } +4 +h 4 +
nteibuting 4 4 7
taki £ i
2 MPLOYCey ss fex—a—gaming
= a—b. +h N. 4 Nati ed =
* pet eed—b he—Navajo—Natien,—or—anything
3 ived ith that + didat
aktue—acquit 7 7
en! 4 pet held ££ jleeted
i
+e teeted—at—an-etL Len red-by Mexieot
i R 4 s
ood =) a okie aid *
§ 2075. State Gaming Compact
For all Class III Gaming Operations conducted by the NNGE, the

NNGRO shall b

regulations establish the requirements and conduct

of Class III Gaming Operations in accordance with the applicable

Compact (s).

§ 2076.—2040.—Employee and Player Age Limit

No Person under twenty-one
to place any wager,

(21)

years of age shall be permitted

directly or indirectly,

in any Class III

Page 62 of 78


Cco-76-18

B. Investigative reports; and

Cc. Eligibility determinations.

§ 2054. [Reserved]

§ 2055. [Reserved]

Subchapter 11. Administrative Review of Adverse Licensing

Dees Gama Faeiisty bi
= =i Pa

§_ 2056. NNGRO Review

A.

\

je

|e

An applicant or Licensee may appeal _an adverse licensing
decision of the NNGRO by submitting by certified mail, return
receipt requested, a written notice of appeal of the adverse
licensing decision to the Executive Director within ten (10)
calendar days after receipt of the adverse licensing
decision, evidenced by certified mail receipt. The notice of
appeal shall clearly state the reason(s) why the Licensee
contests the adverse licensing decision.

Upon receipt of the notice of appeal, the NNGRO shall notify
the Appeals Hearing Officer to schedule a hearing to be
conducted within thirty (30) calendar days of the NNGRO’s
receipt of the appellant’s notice of appeal. Written notice
of the time, date, and place of the appeal hearing shall be
delivered, by certified mail, return receipt requested, to
the appellant no later than fifteen (15) calendar days prior
to the scheduled date of the hearing.

The appellant, at_appellant’s own cost, and the NNGRO may be
represented by legal counsel at the appeal hearing. The
appellant and the NNGRO may present witnesses and relevant
evidence and cross examine witnesses presented by the
opposing side. All matters presented at the appeal hearing
shall be limited to the scope of the adverse licensing
decision and reasons set forth b the NNGRO_ for such
licensing decision.

The Appeals Hearing Officer shall issue a written decision
to both parties, by certified mail, return receipt requested,
no later than ten (10) working days after the date of the
appeals hearing. The decision of the Appeals Hearing Officer
shall be final and conclusive.

§ 2057. Stay Upon Request for Review

The filing of a request for review with the NNGRO shall not sta

the enforcement of the determination. A stay may be granted where

justice so requires, and upon such terms and conditions as are

just and proper. An order granting a stay shall be in writing and

Page 50 of 78


Ip

je

|P

\p

|=

CcO-76-18

The system of accounting controls shall provide _a_plan of
organization and a description of procedures and records that
will permit reasonable assurance that the following
objectives will be maintained:

1. Safeguarding of assets;
2. Reliability of financial records;
3. Execution of transactions in accordance with

Management’s general or specific authorization;

4. Recording of transactions as necessar to permit
recording of gaming revenue and to maintain
accountability for assets;

Se. Access to assets only in accordance with management’s
authorization; and

6. Comparison of records of assets with existing assets at

reasonable intervals with provision for appropriate
action with respect to any differences.

The system of administrative controls shall include a
complete plan of organization that will provide appropriate
segregation of functional responsibilities and sound
practices to be followed in the performance of those duties
by competent and qualified personnel. The plan of
organization shall be diagrammatic and narrative describing
the interrelationship of functions and the division of
responsibilities upon which the system of internal control
relative to Gaming Operations is based.

Upon written application to the NNGRO, the NNGE may request
any material change in the internal control system it
determines appropriate. The NNGRO shall notify the NNGE in
writing that such application is accepted or rejected, within
thirty (30) calendar days of receiving such application. The
written decision of the NNGRO shall constitute final action
of the NNGRO.

The system of accounting controls shall include a detailed
system for counting cash receipts at least daily, and shall
be appropriate to the types of Gaming Activities carried on
at the Gaming Facility and _the physical characteristics of
the system utilized for collecting cash.

The NNGRO shall require that all bank accounts maintained b
the operators of the Gaming Facility shall be identified by
bank and account number and that all signatories to such
accounts be identified by name.

Page 22 of 78


|e

\P

co-76-18

of criminal history records information maintained by the
Federal Bureau of Investigation.

z 14 - £ 14 i a thi as hall.
E PP nsing Rradi—s:
biected—t th h baek ai tigated a h
+ g ground in g 7
tieats helt» dated Tieats £ i
gation ¥ 5S p appit
£5 14 cat h-oth oat th i R Lat
£ T & eh ss mingReguiater
££ det iat
£ ¥ re—apprepEet

The NNGRO shall request fingerprints from each Primar
Management Official and Key Employee, and shall take such
fingerprints or cause such fingerprints to be taken in
accordance with the requirements of the IGRA. The
fingerprints will then be forwarded to the NIGC_ for
processing through the Federal Bureau_of Investigation and
the National Criminal Information Center to determine the
applicant’s criminal history, if any. Navajo Nation
Department of Public Safety will review tribal and_state
court records to further determine the applicant’s criminal
history, if any. The NNGRO may request and process
fingerprints from any other license applicant in accordance
with NNGRO regulations and the Compacts.

Th ; R Lat £64 halt bael a
g gk ¥ prepare—a_baekground
+3 + i + £ 1 : a
per * ¥ ep nsing—under
+h bieh—shalt led 11 e£ the following
St tal ; duets baek a tieation:
— P n—in—conducting g . tigation;
2- Results-obteained;
ae 3 i hed+ a
+ x hed;—ar
4. Pre—b fer—th 4

The NNGRO shall request from each Primary Management Official
and Key Employee all of the following information:

1 Full name, other names used (oral or written), social
security number, birth date, place of birth,
citizenship, gender and all languages (spoken and/or
written);

2. Currently, and for the previous five (5) years; business
and employment positions held, ownership interests in
those businesses, business and residential addresses,
and driver’s license numbers;

3. The names and current addresses of at least three (3)

personal references, including one (1) personal
reference who was acquainted with the applicant during

Page 40 of 78


Cco-76-18

§ 2085.—-2049.Violations of this Ordinance
It shall be a violation of this Ordinance for any person to:

A. Conduct or operate any Gaming Activities within the Nation
except as provided in this Ordinance;

B. Receive, distribute, apply or direct any property, funds
proceeds or other asset of any Gaming Activity to the benefit
of any individual or other person except as authorized by
this Ordinance or by any duly enacted resolution of the
Navajo Nation Council;

Cc. Tamper with any equipment used in the conduct of Gaming
Activities with the intent to cause any person to win or lose
any wager other than in accordance with the publicly
announced rules of such Gaming Activities;

D. Do any other act in connection with the conduct of any Gaming
Activities with the intent to affect the outcome of any wager
other than in accordance with the publicly announced rules
of such Gaming Activities;

E. Participate as a player in any Gaming Activities if such
Person is prohibited under Seetien—264€-this Ordinance from
participating in such Gaming Activities; or

EF. Participate as a player in any Gaming Activities while such
person is listed as a person barred fexm—from the Nation’s
Gaming Facilities as provided in § 2968—2011(G).

§ 2086.-2050.—Civil Penalties

Any person who violates any provision of this Ordinance or the
Aet-IGRA shall be subject to civil penalties, including exclusion
form employment by any Gaming Facility Operator, exclusion from
attendance at any Gaming Facility, exclusion fexm from the Nation
if the person is a nonmember of the Nation, or a civil fine of
not more than ten-thousand dollars ($10,000) for each such
violation.

§ 2087.-2051.—Civil Remedies

The Gaming-Reguiater ££4 NNGRO may, in the name of the Nation,
bring a civil action in the courts of the Nation to enforce the
provisions of this Ordinance or the IGRA Aet—or to enjoin or
otherwise prevent any violation of this Ordinance or the IGRA Act
occurring within the territorial jurisdiction of the Nation.

§ 2088. [Reserved]
§ 2089. [Reserved]

Page 71 of 78


co-76-18

2. Enacted numerous Navajo laws that impact gaming
including amendments to 17 N.N.C. § 421 and 422,
approval of the Navajo Nation Gaming Distribution Plan
by Resolution CJY-30-08 and the Gaming Development Fund
by Resolution CO-53-06; and

3. Changed by reducing the number and authorities of the
Navajo Nation standing committees by Resolution No. CAP-
10-11.
H. Overall, the Navajo Gaming Ordinance needs major updates.
I. It is in the best interest of the Navajo Nation to approve

updates to the Navajo Gaming Ordinance.
SECTION THREE. AMENDMENT TO TITLE 5 OF THE NAVAJO NATION CODE

The Navajo Nation Council hereby amends Title 5 of the Navajo
Nation Code, as follows:

TITLE 5, NAVAJO NATION CODE

Chapter 10. Ordinance for the Regulation of Gaming Activities
within the Navajo Nation

Subchapter 1. Findings and Purposes

§ 2001. Legislative Findings

The Navajo Nation i} ofthe joNatien—hereby finds:

A. That the orderly and honest conduct of gaming activities
within the Navajo Nation (hereinafter “Nation”) will be of
vital importance to the economy of the Nation, and to the
general welfare of its members;

B. That the growth and success of gaming within the Naveje
Nation is dependent upon public confidence and trust that
such activities are conducted honestly and that they are free
from criminal and corrupt elements, and that the facilities
in which such activities are conducted are designed and
maintained to assure the safety and comfort of patrons of
the gaming activities;

Cc. That such public confidence and trust can only be maintained
by the comprehensive regulation of all persons, practices,
and activities related to the operation of the Nation’s
gaming facilities;—and

D. All of the Nation’s establishments where gaming is conducted,
and all persons holding positions of responsibility with

Page 3 of 78


jv

| cs

|e

Co-76-18

through 2014] are maintained, and if such inspections
have occurred, the NNGE, through the NNGRO, shall
provide documentation of the inspection to the State
Gaming Representative with the Compliance Report (as
such terms are defined in the applicable Compact),
provided that if the Indian Health Service does not
conduct such inspections, the State Department of
Environment shall be permitted to conduct such
inspections;

Neither the NNGE nor the Nation, in connection with
gaming, will extend credit by accepting IOUs or markers
from _its patrons; except that short-term credit may be
extended to certain qualified patrons with sufficient
demonstrated available cash balances to cover the amount
of the credit extended (not less than ten thousand
dollars ($10,000) to be repaid within thirt (30

calendar days); provided that the extension of such
credit shall comply with all applicable federal law and
all provisions of the applicable Compact appendix
related to credit (including reporting requirements to
the State of New Mexico) and_a_ copy of the regulations
referenced in the appendix shall be provided by the
NNGRO for review and comment prior to implementation;

Each electronic or electromechanically gaming device in
use at_a Gaming Facility must pay out _a mathematically
demonstrable percentage of all amounts wagered, which
must not be less than eighty percent (80%); and the NNGE
will prominently post in visible locations within the
Gaming Facility notices stating that the NNGE is in
compliance with this requirement, and providing a
comprehensible explanation of the meaning of this
requirement;

All Class III Gaming Machines on the premises of a
Gaming Facility will be connected to a central
computerized monitoring and control system on the Gaming
Facility premises, which shall collect on a continual
basis the unaltered activity of each Gaming Machine in
use at the Gaming Facility, and that the wager and
payout data of each machine, electronically captured b
the Gaming Enterprise’s central computer, ma be
accessed and downloaded electronically by the State
Gaming Representative by a dedicated telecommunications
connection, on a “read-only” basis, upon entry of
appropriate security codes; but provided that in no
event shall the State Gaming Representative be able to

Page 74 of 78


Ip

\p

|=

|e

CcOo-76-18

Neither the NNGE nor the Nation, in connection with Class
III Gaming Activity, will cash any paycheck or any type of
government assistance check issued pursuant to a State or
federal program to provide for needy families or individuals,
including federal Social Security, Temporary Assistance for
Needy Families, pension, other similar checks, and other non-
cash items, for any patron.

Automatic teller machines on Gaming Facility premises where
Class III Gaming Activity is conducted shall be programmed
so_ the machines do not accept electronic benefit transfer
cards issued pursuant to a State or federal program intended
to provide for needy families or individuals, including, but
not limited to, cards issued by the State to Temporar

Assistance for Need Families recipients for access to
Temporary Assistance for Needy Families benefits.

To the extent prohibited by the 2003 Navajo Nation and State
of Arizona Compact, as may be amended or modified from time
to time, the following provisions apply to Class III Gaming
Activity in the State of Arizona, in accordance with the
Compact:

1. Automatic teller machines may not be located adjacent
to, or in close proximity to, any Gaming Device; and

2. Neither the NNGE nor the Nation, in connection with
gaming, will extend credit to any patron.

To the extent required or prohibited, as applicable, by the
2015 Indian Gaming Compact between the State of New Mexico
and the Nation, as may be amended or modified from time to
time, the following provisions apply to Class III Gaming
Activity in the State of New Mexico, and capitalized terms
in this Section 2095(G) not defined in this Ordinance have
the meanings given to them in such Compact:

1 On any construction project involving an Gaming
Facility or related structure that is funded_in whole
or in part by federal funds, all workers will be paid
wages meeting or exceeding the standards established
for New Mexico under the federal Davis-Bacon Act;

\y

The NNGE shall permit inspectors from the Indian Health
Service, a federal agenc within the Department of
Health and Human Services, to inspect the Gaming
Facility’s food service operations during normal Gaming
Facility business hours to assure that standards and
requirements equivalent to the New Mexico Food Service
Sanitation Act [NMSA 1978, § 25-1-1 1977, as amended

Page 73 of 78


CO-76-18

use of these funds as set forth in an appendix to the
Compact, and this report and any other information
existing as a result of this paragraph, not including
information that may identify or contain information
referring to any gaming patron, will be made available
for inspection and publication without restriction or
limitation;

11. An Management Contract regarding Class III Gaming
Activity will conform to the requirements of this
Ordinance and the IGRA;

12. Neither the NNGE nor the Nation will provide, allow,
contract to provide or arrange to provide alcoholic
beverages for no charge or at reduced prices within a

Gaming Facility;

13. Neither the NNGE nor the Nation will provide, allow,
contract to provide or arrange to provide food or
lodging for no charge or at reduced prices, at_a Gaming
Facility or lodging facility as an incentive or
enticement for patrons to game (“Complimentaries”),
except that (i) this provision shall not apply to
rewards received by patrons in exchange for points or
credits accrued under any form of a players’ club
program; and (ii) the NNGE may provide discretionary
Complimentaries provided that the cumulative market
value of all discretionary Complimentaries, on an annual
basis, does not exceed three percent (3%) of the Tribe's
annual Adjusted Net Win for the same year, which amounts
are subject to quarterly reports to the State of New
Mexico in accordance with Compact requirements;

14. The NNGRO’s adoption of minimum internal control
standards and policies and procedures set forth in the
Compact appendix shall comply with all applicable
federal law and provisions of the appendix related to
Complimentaries (including the State reporting
requirements), and NNGRO shall provide a copy of the
regulations referenced in the appendix to the State of
New Mexico for review and comment prior to
implementation.

§ 2096,.-2057.—Prior Inconsistent Law

All prior laws inconsistent with this Ordinance are; hereby
expressly repealed to the extent of their inconsistency.

Page 76 of 78


CcO-76-18

|»

Is organized _and_ in good standing under the laws
of the jurisdiction where it was established, and
is qualified to do business within the Nation and
the applicable State;

|°

Has not been:

i. Convicted of a felony, or

ii. Convicted of any misdemeanor involving moral
turpitude within the ten (10) ear period
immediately preceding the submission of the
application;

Ke

Has not associated with criminal profiteering
activity or organized crime;

Has not been in contumacious defiance of an

legislative investigatory body of any state or of
the United States, when that body is engaged in
the investigation of crimes relating to gambling,
criminal profiteering activity, or organized
crime;

|?

|?

Has established a reputation for financial
integrity and sound business practices, or, if the
organization was recentl formed, that all
applicable Persons having a role in its formation,
including Persons supplying financing, are Persons
qualified to be licensed individually under the
terms of this Subchapter; and

\m

Has established that any Person having a role in
the formation or acting as a Principal of the
organization is not a Public Official or Public
Employee of the Nation.

|’

After a corporation, partnership or other entity is
licensed by the NNGRO, it shall file a report of each
change of Principals with the NNGRO. Subject to NNGRO
regulations and licensing standards, the NNGRO_ma
require each new Principal to file a complete
application within thirty (30) calendar days of
appointment or election. The corporation, partnership
or other entity’s license shall remain valid unless the
NNGRO disapproves of the change in ownership of
Principals or denies the application.

§ 2038. [Reserved]
§ 2039. [Reserved]

Page 33 of 78


|e

|

je

|?

\°

ue

Te-a4 4 th +5 bl £ +h
ES att g Re—pESper
aefficient fulfil + 6f th a pitit

ficient ful fitim p 2
£ th R Lat £E4 a th a th
<i g # ££ aAdeE
Act—

To bring suit in the courts of the Nation to enforce this
Ordinance, including seeking temporary and permanent orders
to cease any Gaming Activities not licensed or otherwise
authorized by this Ordinance;

To enter into agreements with tribal, federal, state and
private entities in accordance with Navajo law for activities
and services necessary to carry out _the duties of the NNGRO
under this Ordinance;

To cooperate with other tribal gaming offices, State gaming
agencies and the NIGC for the enforcement of applicable
federal and tribal regulation of Gaming Activities conducted
with the Nation;

To hire employees, professionals, or independent contractors
necessary for the effective and efficient operation and
conduct of all gaming regulated pursuant to this Ordinance,
including, but not limited to, an Appeals Hearing Officer;

To issue regulations and establish internal controls in
accordance with this Ordinance, the IGRA, and the Compacts;

To create and establish a sevelving-account proprietary fund
to deposit the license fees collected feem from the—license
applicants+—and_fines assessed by the NNGRO. The account
proprietary fund shall be used to pay for the expenses of
operating the efftee NNGRO including, but not limited to the
salaries of additional persennet—employees, training,
equipment, vehicles, travel, program items, and other
expenses related to the operation of the e€£iee NNGRO. The
pt £-eperation—for—th +—Fund Management
Plan for the proprietary fund shall be approved by the
Eeonemie—Resources and Development Committee and Budget and
Finance Committee of the Navajo Nation Council; and

To do all other things reasonably necessary for the proper
and efficient fulfillment of the powers and responsibilities
of the NNGRO under this Ordinance or the IGRA.

§ 2012.-2009-—Issuance of Regulation

The Gaming-Reguiat ££ieialNNGRO shall from time to time
promulgate and issue regulations governing any aspect of its
responsibilities or the conduct of Gaming Activities, in each
case to the maximum extent permitted under this Ordinance,

Page 19 of 78


a-by-th ; R Lot ££4 je th 3 R tat

qReg ¥ ieceiftheCaming Reg +y
fee det A hae 4
h-persen
Has ieted of fel i £¢
Lk nvietedof-any—felony g g
u | 1 a Wiée1t ded &
a g provi materiait
i tank fal bat & £ + his 1
importan
application;
3+ # b det : + b
determined b a—_Pe¥SOF ses pet
+ & inal a tat
7 7—if—any;—or—¥repu ion;
h £ iati +h to +h ph
o pub
interest—or—to—th £feet gut a vol
£ h th £ abl
g g—ox-erea x—enhan he—danges 7
£ 434 4 = thod ea + + 4
7 qei-p S and-activities—in
th duet th £ the b
fe Ss S —
a£4 ial dental th &
andfinancialarrangemen ?
H flict of int & tential £ flict
4e tex x-a-potential £ £14
= = +-it = £+heBoard—of Director A
14 ££i aia} bli 1 € the Mati hal
is 2 2 Ast
bed a-te-h flict of int &

§ 2022. Navajo Nation Gaming Enterprise Employment Standards

A. The NNGE shall _ be subject to standards and requirements
equivalent to or more stringent than those contained in the
federal Fair Labor Standards Act of 1938, the federal
Occupational Safety and Health Act of 1970, and other federal
laws relating to wages, hours of work and conditions of work
and the regulations issued thereunder.

|?

The NNGE shall not discriminate in the employment of Persons
to work for the NNGE or in a Gaming Facility on the grounds
of race, color, national origin, gender, sexual orientation,
age or handicap; provided, however, that nothing herein shall
prevent the NNGE from granting preference in employment in
accordance with the Nation’s laws and policies, including
the Navajo Preference in Employment Act, 15 N.N.C. § 601 et
seq.

\e

The NNGE shall ensure that all NNGE employees are provided
with employment benefits including, at_a minimum, sick leave,
life insurance, paid annual leave or paid time off and
medical and dental insurance as well as providing
unemployment insurance and worker’s compensation insurance,
through participation in programs offering benefits at least
as favorable as those provided by comparable State programs,
to the extent required by the applicable Compact(s), and
which programs shall afford the employees due process of law

Page 25 of 78


Cco-76-18

be accompanied by a notice stating that the Gaming-Regulatery
Offiee—-NNGRO will accept written comments for no less than
thirty (B0) < calendar days following the date of publication.

i deduim thi ‘ Youblish” shall blieak
= ded-in-thi ten7—“p P
\_g€ 3 Lats ithin the Not
paper{s}—_ef—generai—eireuta
In the event of significant public interest with respect to
any regulation, the Gaming—Reguteat ££4 NNGRO may hold

a public hearing prior to issuing a final regulation. Notice
of such hearing, if any, shall be given as set forth above,
and in additionat shall be mailed directly to any Person
submitting comments on the proposed regulation. Except as
provided in Subsection (C) of this Section, no final
regulation shall be issued until the ing Regulatory Offi
NNGRO has reviewed all comments received by the close of the
comment period, as well as all presentations made at any
hearing held pursuant to this Subsection.

Cc. In the event the ing—Regubat ££3 NNGRO determines
that an immediate rule-making is necessary to avoid serious
jeopardy to the integrity of any Gaming Activity within the
Nation, or otherwise to deal with an emergency situation
affecting the responsibilities of the Gaming—Reguiatery
S£ftee—-NNGRO, the Gaming —Regutet ££4 NNGRO may, upon
making an express written finding as to such emergency, issue
a final regulation to take effect immediately; provided, that
the Gaming Regulate £4 NNGRO shall publish notice and
request comments on such regulation in the same manner as is
provided above and upon consideration of any comments
received, shall make such amendments to such final regulation
as the ing—Regulater ££4 NNGRO deems appropriate.

D. All final regulations adopted by the ing—R bat ££
NNGRO (Shall be officially filed with the—delivered to
Report +4 £-the Navajo Nation Council, the Office
of the Navajo President, the Office of the Attorney General,
and the NNGE-R sds—and mmunteatt

§ 2013. Internal Controls

A. The NNGRO shall by regulation establish, and all applicable
Gaming Facility Operators shall implement, minimum standards
of internal controls to be in place at each Gaming Facility,
which shall include systems of accounting and administrative
controls. Internal controls include the plan of organization
and all of the coordinate methods and measures adopted within
a Gaming Operation to safeguard its assets, check the
accuracy and reliability of its accounting data, promote
operational efficiency and encourage adherence to prescribed
managerial policies.

Page 21 of 78


CO-76-18

Subchapter 10. License Application Procedures

§ 2040.-2024.-—Application Requirements; Processing

A.

Each application for a license under behapt 5; +
Sef required to be issued _under this Ordinance must be
submitted to the ing—Reguiat £E4 NNGRO on forms

prescribed by the ££4 NNGRO, and must
be accompanied by the required fee, if any, and such

supporting information as the ing-Reguieter ££4- NNGRO

4 R tat
amning—Regutea

may prescribes by regulation.—whieh-shaliinetude+
= +h find id 1.
Le 1e-€a £ individual :
Full inelud: 44 by-whteh v1 +
ar Full-name;—inete S-ery PP
has—everbeentknewny
i 5
BR tat aELE 3 7
Bat a 3 £ biveh a
er Be ane pte 7 g 7 +=
ped hi a—ali-1 4, pee
itizenship;—and-ait LEPLAG iss 7
+4 d-for-th ‘ £4 b
a ¥ is + £ ¥ +
a a + + held et 4 +
£ apleym 2 7 p—intes
in—th busin 7— a id
dad r ddeivers—liecen 13. +
e Th a at—addr £ at t th
1 £ : i 1
P 7 tineluding sat i
£, 4 ietad 4 + +
& ith;—the—app *
a + 4h <b om eb 1 tad a
+g ach—peri
p idl 6£ #h b £4 2
Paragraph_l{(d}-ef thi ab: }
#- Edueation histery;
+ bust £ a a
ee mpLoymen a
a £ istd 6
Re a isting-and-s
Lat ; ith Tred teib Led
2 rdian aco g
+R + + +h = 4
p iS 3 7
5 D, + £ fotd b
is DB ss rg—and- previ
Lets me ith th indust 1
6 tth—the—¢ g g atiyy
Leds 4 + th 5
p-inter
: £ i Lat
> f-anyi g g
a" b filed
perser
4 tated +
permit—ret
+ y-] +
¥ *-perm

Page 34 of 78


Cco-76-18

Be a current Public Official of the Nation; or

Ip |F

Have direct audit or regulatory authority over an
Immediate Family member employed by any Gaming
Facility Operator or in a Gaming Facilit

| N

No former employee or independent contractor of the
NNGRO shall be employed by any Gaming Facility Operator
within forty-five (45) calendar days of leaving
employment of the NNGRO.

| w

No employee or independent contractor of the NNGRO shall
be employed by or hold, directl or indirectly, a
financial interest in an organization or entity which:

ae Has entered into a Management Contract with an
Gaming Facility Operator;

be Vendor (including Manufacturers and Distributors);
or

ce Provides financing to any Gaming Facility Operator
for purposes of conducting Gaming Operations
within the Nation.

|=

No employee or independent contractor of the NNGRO is
permitted to game in any Gaming Operation within the
Nation.

|e

No employee or independent contractor of the NNGRO shall
solicit or accept complimentary items from any Gaming
Facility Operator or Gaming Employee, except food,
beverages, and promotional items of non-substantial
value made available to all employees or independent
contractors of the NNGRO through the employee dining
room or during special events.

§ 2011. 2008- Powers and Duties of the Navajo Nation Gaming
Regulatory Office

In addition to those powers and duties otherwise expressl
provided for in this Ordinance, and subject Subjeect—to all of the
provisions of this Ordinance, the ing—Regubet £4 NNGRO
shall have the following powers and duties, which it may exercise
directly or through such agents or employees as it deems
appropriate:

A. To have and to exercise full authority and responsibility
for the regulation of all Gaming Activities within the
Nation, as provided in this Ordinance, the IGRA, and the Act
Compacts;

Page 16 of 78


\>

2

je

Ie

10.

Cco-76-18

alter or affect the operation of any Gaming Machine or
other device on the premises of the Gaming Facility, or
the data provided to the central computer, and provided
further that the system for electronic access to the
machine wager and payout data collected by the NNGE’s
central computer shall be constructed and installed at
the State’s cost, and shall be designed in conjunction
with NNGE technical staff so as to preserve the
integrity of the system and the data contained therein,
to minimize any possibility of unauthorized access to
the system or tampering with the data, and to minimize
any access by the State Gaming Representative to
information other than machine wager and payout data
residing in the central monitoring and control system;

NNGE employees will not sell, serve, give or deliver an
alcoholic beverage to an intoxicated Person or procure
or aid in the procurement of any alcoholic beverage for
an intoxicated Person at_a Gaming Facility;

NNGE employees that dispense, sell, serve or deliver
alcoholic beverages will attend Alcohol Server
Education Classes similar to those classes provided for
in_the New Mexico Liquor Control Act;

NNGE will purchase and maintain a liquor liability
insurance polic that will provide, at a minimum,
personal injur coverage of one million dollars
($1,000,000) per incident and two million dollars
($2,000,000) aggregate per policy year;

Alcoholic beverages will not be sold, served, delivered,
or consumed _in that part of a Gaming Facility where

gaming is allowed;

The NNGE will spend, annually, an amount that is no less

than one-quarter of one percent (.25%) of its Adjusted
Net Win as that term _ is defined in the applicable
Compact, to fund or support programs that the Nation
will select for the treatment and assistance of
compulsive gamblers in New Mexico or who patronize New
Mexico gaming facilities, and for the prevention of
compulsive gambling in New Mexico; a substantial portion
of such funds shall be distributed to an organization
that has expertise in and provides counseling,
intervention or other services for compulsive gamblers
in New Mexico, and whose services are available to all
Persons without regard to race or tribal membership;
and the NNGE will submit a report accounting for the

Page 75 of 78


i i}dtey + i a duet i eres
gaming—feeili remain—op “
4h a a kk Th ‘ R Lat
7 + emingReguiatery may
1 6 Lats tablish oth tandard £ +4
7 g 7 ablish—ether i
£ h fsei1ies +h ‘ R Lat ££3 a
tities;—a g g S
Pp e fdaypit nIndian—bands— tod within th tat
£ New Mest the fellows tandard W 1
7 g andards—shall—appiy+
Phe—-N So Mati bali + W +4 t
Lk 4 a—shali—teake—ait ¥
i it i +4 tandasd a
ap. = g g i +d nd
; + ivalent + : + than th
cs & ROE eingent—th
tained _in—the—federal Fair Lab tandasd + of
4 the fed 3 +4 fet d-health + of
4 7—the—£ i health A £
49.7.0. + fad a tat +
7 hex—federat—la g ge87
b £ and aits £ k; a 4
tats i d-th dex:
g d—thereund
+ 24 jee 4 Tart ;
2 ¥ 1struetion—pres g 6
Facilis bated—st + that—is—funded—_in—whete
‘ + be fad 1 fund an $47 id
2 ¥ 7—et eker 2
+4 ei +h tandaxd tabli a
g Ag—or ding a
for—New-Mext nder the fed + DayisB ety
3a. Th N H Nat +h A + :
7 Th Navay 7 g g pe and—a
£ + toxr—shaili—net—di iminate—in—th
as + k-fox-th ‘ t
person +k-£ox 4 € 3
4 anu == +h a
ming—Faeit 7 7
i ied a 4 jentats
natienal—erigin;—¢ 7 72g £
hand phe Lod halt + be-d a+ Wibie
¥ p> 2 deen prohib
&h Lieate £ the N ig Pref in Fmol ‘
pp * aje-Preferen 2Employ
At
A444 a £ ; +ab1ish: + bal bs
4-  Adi—empt £ gaming
ided 3 tb. fit ineludi £ iad
previ pley 7 + TimURt
tek 1 wis i id 1-4 a
7—tife—insuranee;—paid
ai a a a +51 4 44 ida
medieai—and—der S +
3 + i a n
unemployr 2 sss
i th b tieisats i ££
gh—p i= n—in—pregran ffering
b fit 4} £ al eh i ded b.
+ as—faverable—a be previ 4
5h £ eh bat £ New Mese4
i= pregean £New—Mexieo+
i oe ided £ al
A-gei : pe haii—be—previ 2
i ad. bold $e4 +4 +a} +
r Ps r Ss
a thot 4 Jud £. a
2 + 2 fex—appeat
£ +h ih hh eh 4 a
is £—-greater hort har Fe immed
4 fi th a
c= he-empieyee;
tate D + + of Envi i
be ate—Departmer ayironr > “e
Seen + 4 _ q foe
perni < insp gaming—fa feed

Page 60 of 78


CcO-76-18

and management of Class II or Class III Gaming Activities,
or such other Person as the NNGRO may authorize to conduct
small bingo or raffle in accordance with the IGRA and this
Ordinance.

Oo. ‘Gaming Manager” means a Management Contractor or a Primar
Management Official.

P.N.—‘“Gaming Operation” means any Gaming Activity conducted within
a Gaming Facility.

Q.6-—“Gaming Ordinance” means this Ordinance which governs the
conduct of Gaming Activities within the Naeveje—Nation, all
amendments thereto, and all regulations promulgated
thereunder.

R.P.—“Gaming Services” means the providing of any goods or
+

services; ptt Lega 4 7 a—Caming—Faciiit
4 i 4 ith +h +4 £-C} Tt
P e—in nnecti i+ 2
1 EET i ineludi but + limited + i t
ganming,;—ineluding—b 7 equip: 7
£ tate feed 14 anit 1 14
P 7 7 ROHS Sere PP T
int it ‘ forth i Facility
maintenant aingFPaeility in
t 4 £ ten thousand-detar 40,009

single—month directly to a Gaming Operation in connection
with the operation of Gaming Activities, except for an
professional services that are exempt from a_ corresponding
definition in one or more Compacts shall not be included in
this definition as it relates to Class III Gaming Activity
conducted within the boundaries of the State that is a party
to such relevant Compact(s).

Ss. “Gaming Support Employee” shall mean, except as expressly
exempted by NNGRO regulation, the following, excluding
management positions:
= Food and beverage service personnel, such as chefs,
cooks, waiters, waitresses, bus persons, dishwashers
food and beverage cashiers, and hosts;

2. Gift shop employees, cashiers, and clerks;

3. Greeters;

4. Wardrobe personnel;

So. Warehouse personnel; and

6. Other non-gaming personnel as may be determined by the
NNGRO.

T. “Immediate Family” means spouse, children and members of the

household of an employee.

Page 8 of 78


co-76-18

§ 2031. [Reserved]

Subchapter 8. Vendor License

§ 2032. Requirement for Vendor License

Each Vendor shall be licensed by the NNGRO in accordance with this
Ordinance, regulations promulgated by the NNGRO, and the Compacts.
In addition, any Person extending or guarantying financing for
the Gaming Operation or the Gaming Facilities shall be licensed
by the NNGRO, unless such Person is exempt pursuant _to Section
2034.

§ 2033. Vendor Classifications

A. Management Contractors, Manufacturers, Distributors and
financial service providers subject to licensing shall be
deemed _a_class of vendors subject to the NNGRO’s most
rigorous background investigation.

|p

Vendors who provide goods and services related_to security
devices, surveillance systems, currency handling, check
cashing and gaming data analysis shall be deemed a class of
vendors subject to heightened scrutiny by the NNGRO.

je

All other Vendors shall be subject to a proper level of
scrutiny under the circumstances. Accordingly,
notwithstanding the requirements of Subchapter 9, and in
accordance with federal law and the applicable Compact(s)
the NNGRO may elect to require (i) only individual licensing
applications from such _a Vendor’s key executive officer and
sales representative or other individual who will have direct
contact with the Gaming Operation, or (ii) no individual
licensing applications; provided that the NNGRO may increase
the scope of investigation in the event the NNGRO has any
reason to believe a Vendor may not satisfy the Standard of
Suitability set forth in Section 2037.

|P

The following two types of Vendor employees shall be required
to obtain a Vendor license prior to commencing any work in
connection with the Gaming Operation: (i) employees of
Management Contractors, and (ii) employees who __ have
unescorted_ access to secure areas.

§ 2034. Exemption for Certain Vendors

The Nation has determined that, except as required under the
Compacts, the following types of Vendors are not required to be
licensed by the NNGRO, subject to the requirements of the Compacts
and regulations adopted by the NNGRO:

A. Entertainers;

Page 31 of 78


Cco-76-18

Unless otherwise required under the express terms of a Compact,

the following procedure shall apply with respect to patron

complaints against a Gaming Facilit

A. With respect _to the payout of gaming prizes or amounts and

promotional prizes and activities:

1.

|’

|v

Any such patron complaint must be submitted to the
NNGRO, by certified mail, return receipt requested,
within thirty (30) calendar days of the incident giving
rise to the complaint. All claims by a patron shall be
limited _to a _patron’s entitlement to _a game prize or
promotion, which shall be limited to the amount of such

prize or promotion.

If the dispute involves less than five hundred dollars
($500), the following procedures must be followed:

a. The Gaming Facility Operator will attempt to
initially resolve any such complaints, which must
be in writing, against the Gaming Facility lodged

by a patron.

be If the Gaming Facility Operator cannot resolve an
such complaint, the complaining patron shall have
as their sole remedy the right to request in
writing, by certified mail, return receipt
requested, that the NNGRO conduct an
investigation.

ce Within thirty (30) calendar days of such written

request, the NNGRO shall inform the patron and the
Gaming Facility Operator of its final
determination in writing, by certified mail,
return receipt requested, which shall not be
appealable in an event to an court or
administrative body.

If the dispute involves five hundred dollars ($500) or
more, the following procedures must be followed:

ae The Gaming Facility Operator will notify the NNGRO
of the dispute and attempt to initially resolve
all such complaints, which must be in writing,
against the Gaming Facility lodged by a patron.

|=

If the Gaming Facility Operator cannot resolve an
such complaint, the complaining patron shall have
as their sole remedy the right to request in
writing, b certified mail, return receipt

Page 67 of 78


|p

CO-76-18

Supreme Court in accordance with the Navajo Nation
Rules of Civil Appellate Procedure. The Court shall
review the decision of the Appeals Hearing Officer
on the administrative record onl The decision
shall not be subject to de novo review on appeal.
The Court may substitute its judgment on those
questions of law within its special competence but
shall otherwise uphold the decision of the hearing
officer where reasonable.

With respect to tort claims arising from personal injury or
property damage alleged to have been suffered by a patron,
all such claims may only be brought pursuant to the Navajo
Sovereign Immunity Act, 1 N.N.C. § 551 et seg., and provided
that, if the alleged tort claim arose from activity in a
Gaming Facility in a State in which the NNGE operates Gaming
Activity pursuant to a Compact, then the claim shall be made
and adjudicated consistent with the applicable Compact.

§-2045.—Pat Di tes

A Paeilit + ae
arming y—-Op is

+
+ 3 the—di te -to—th bisfactd f th + a

7 Lin

th + £ Hi h
- baa At x-hes

R Lat ££

R Lat ££4

q
g

4
1.
‘q
q

Fy arming
R Lat ££4 $ £feetd the date i+ i ized b

Page 69 of 78


De Revi £ Decision With 0-days-aftex the-dat £ pt
£ +h tt a th i a = £44
T be baled r Pa -
tit th th R Lat ££
Pp + ing g < tag—e
£ the decision—Th gR Lat ££ fe +
b th te A a a tel
g—en—the—it ¥
£b } deeisi a—eth a fat ded +
c= prier—deei Ape
it be th trol ath i Paeiiit + ph i
i ming—Feeiit ie + Ag
ss = + eb ESTOR—aHnG
th a + forth
py ue
iad f eh i
aming
Lea £ th ‘
£—th. aning
Ne-Pei M & Offieial 4 mol b tate of
g tal,—-+ Empleyees £
the b dof di £ Tada 7 4 : _
£-a so ~ 7—HRARAG EM
t £ E Lit a 3 £ +h
neva ¥7—eRp g-Facility,—and pley
: Lat ££ halls] b itted-+ i ith
gReg ii-piay-ox iS 2 4 x
th hy +4 i pate ied
i= is gh—an—ag cing Retin
4 nq ink Syst 1 ab th 4 R Tae ££i
in—an ming—Fa is a aming—Reg ¥
b to thi as
pur >
§ 2081. 2047. Small Bingo Games and Raffles
Any Person profit ganisetien, upon proper application to
the NNGRO ing—R tet £f£iee, may conduct or operate a small

bingo game or raffle within the territorial jurisdiction of the
Nation, in accordance with the regulatory provisions of the IGRA

(including 25 C.F.R. § 542.6) tmdi g—Reguiat and
the regulations issued by the NNGRO ing—R batery—Ofti
specifying the manner in which such ga games may be conducted.
Ss 2048-- P: ;. ag £Contr +
Phe Depart + o£ Justi hak ‘ th dati £ th.
RQ Jat £4 a £. al jth ant yt
eing gk ey Offic 7 + ppiieabt
1 a lati the—+ aa a
g 7—app HR f—any—ar prop
& ts bet the Nat Tribal Ent
heh ASE g 2 eH
eit hich ide—for-th & 4
any -persen-or-enti e g ¢ ¥-operation
£ ‘ E yit thin the Nati th £
g rin—the—Natieon; =e
a-al u the £ } £ land
and gar eet 7 ¥ ah
bieh th & dosit £ 4 gE
~ PVP Fs

§ 2082. [Reserved]
§ 2083. [Reserved]
§ 2084. [Reserved]

Subchapter 16. 14.—-Violations of this Ordinance and Remedies

Page 70 of 78


diets £ bh 14 th i
2s +—lieense; rs cing
R + ct ae + thot 4-4 a
gue € any—tliecen
4 £h bite
poration;—partnership
a, Meaintein-an-offt ithin the Nation; <
Hq tp te th a R dot EA ne
Be Gt Rett 4 wag g +
410-4 £ tesial ‘ , at
¥ ¥ ange—in—any—information
disel e_4 +h Lieati £ Rich i
a SP h—prier
+4 ¢ bt ineludé but not Limited
* & 7 g
€ 4 in its Prineinal
7—any-chang $ e +

Bach, fact a h-distribut £ i A a b
sand hd steib: ¥ gaming 7
14 £ A A haki_be—14 aby th A
uppit g g <t— Fy ming
R Tat O££s A te th 3 i £ $ dewi
guiater £ g gd
A ‘ + $ Paciiit + +4 a a
g g evi & ving p
thi as r dditi 4 + hi
> 7 persen; spore 72
£h pie + ad Per £4 4 £, eh j
g g g—financing—for the-gaming
£4 +h i facitit haktbe— a-by-th 4
peration gaming <-by-th ming
R tat £E4 3 4 ra " he
g y—O££ 7nd weh—p: 7 i= TB
bik . £. +h United 7 4 i
+ at g ¥ & Ee nding
institution_Licensed—and regulated _by—the—Stat the United
States
Ay Individuels:—Ne-persen-shaii-be doa aS
4 a a the hast if +h A R Lat
dex—thi hap g g
££4 det ; that 4
2 -persent
# b. iteted 6£ fel i ££
i any—feien ‘gaming +
H 4 ined a iLife ided teriatt
2 He 4 g provid Fe ity
$ t fal tat + inf +4 his—i4
impertant fet s tisticen
ra b det ined —+ b. 4 i
ao been—d. EF pe # Fi price
dept es j ae 4
7 viminet 7 eepit ten;
habit a Lats +h tte th B14
T ad my aa
int + to—th £feetd reguiats a trol
‘ + h the-d £
geming; he—dang
fai 4 1 +4 thed a
7 tegai—pra 7 7—and—a
in th auet—ef $ A £ +h
if g Ty oa Ss
a£4 tad te incidentabh ke
an semen: +f £
4 # nflictof-int + ox tontial € fliet
£ int + 1G ££4 14 j £
¥ 7 > aa re iP
the Nat hall _be—e a i" flier £

Page 28 of 78


co-76-18

the State of New Mexico shall have the same meaning and effect as

those terms are defined in the Compacts. F pure £8
Ovdinance+
A. “Appeals Hearing Officer” means an independent contractor

with experience in gaming regulation and operations who
serves from time to time as the presiding officer for all

appeals of NNGRO decisions.—‘Act“ +he—Indi g
R Late + £41999 Rubi I. 4990-497 Sty 704
g ¥ 7—Publie—taw+t ADF; sores +
4 a—19- 4 44 44 ant
SoG 7—and—aij—regulation
leated b +h +
r Ss a

“Class I Gaming” means all forms of gaming defined as Class
I in Section 4(6) of the AcE-IGRA, 25 U.S.C. § 2703(6), which
include:

1. Social games played solely for prizes of minimal value;
or

2. Traditional forms of Indian gaming when played _b
individuals in connection with tribal ceremonies or
celebrations.

“Class II Gaming” means all forms of gaming defined as Class
II in Section 4(7) of the Act—IGRA, 25 U.S.C. § 2703(7),
which include:

1. Bingo or lotto (whether or not electronic, computer or
other technologic aids are used) when players:

a. Play for prizes with cards bearing numbers or other
designations;

b. Cover numbers or designations when objects,
similarl numbered or designated, are drawn or
electronically determined; and

ce Win the game by being the first Person to cover a
designated pattern on such cards;

2. Pull-tabs, punch boards, tip jars, instant bingo and
other games similar to bingo, if played in the same
location as bingo or lotto; or

3.  Non-banking card games that:

ae State law explicitly authorizes, or does not
explicitl prohibit, and are played legally
anywhere in the State; and

be Players play in conformity with State laws and
regulations concerning hours, periods of
operation, and limitations on wagers and pot sizes.

Page 5 of 78


Cco-76-18

respect to any such activity, must therefore be licensed,
and their activities monitored to assure that the public
health, safety and general welfare of the inhabitants of the
Nation and the patrons of its gaming facilities are fully
protected, and so as to assure the economic success of gaming
activities within the Nation+; and

|

The Nation’s territory extends for approximately twenty-
seven thousand (27,000) square miles covering three states,
and with an unemployment rate in the Nation’s territory of
approximately fifty percent (50%), the Nation has authorized
gaming through this Ordinance for the purpose of creating
governmental revenue, and most importantly, jobs.

§ 2002. Purposes

This Ordinance is enacted, and shall be interpreted, so as to
accomplish the following purposes:

A. The maintenance of the highest standards of honesty and
integrity in the operation of any and all gaming activities
within the Navaje—Nation;

B. The maintenance of public confidence and trust in the honesty
and integrity of such gaming activities, and in the persons
engaged in such activities;

c. The maximum reasonable economic return to the Naveje—Nation
as the owner of gaming facilities within the Nation
consistent with the fair and reasonable expectations of
patrons of such activities and the assurance of their safety
and comfort in participating in gaming activities; and

D. Compliance with all applicable laws of the Neveje—Nation and
the United States of America, including but not limited to
the Indian—Caming—Regubatory Act—c£fi988—IGRA, as well as

the Compacts.
§ 2003. Applicability

Unless specifically indicated otherwise, all provisions of this
Ordinance shall apply to Class II and Class III Gaming on the
Nation’s Indian Lands.

Subchapter 2. Definitions
§ 2004. 2003~ Definitions

Terms that are defined in the IGRA, and the NIGC regulations,
25 C.F.R. Part 500 et seg., shall have the same meaning and effect
as those same terms are defined in the IGRA or NIGC regulations.
Terms that are defined in Compacts with the State of Arizona and

Page 4 of 78


co-76-18

To enter at any time any Gaming Facility or other location
within the Nation where Gaming Activities are conducted for
the purpose of inspecting the facility, its employees and
operations, its equipment and supplies, and its business
records, books of account, and any and all other financial
records or documents pertaining to the business operations
of the facility, and to make such summaries or copies of any
and all such documents or other records for the purpose of
ensuring compliance with the provisions of this Ordinance e+
theAct, the IGRA, and the Compacts;

To issue subpoenas and compel the attendance of witnesses at
any place within the Nation, to administer oaths and to
require testimony under oath;

To seize, and-remove from any Gaming—Facility location where
an Gaming Activities are conducted, and impound any
equipment, supplies, documents or records for the purpose of
examination in connection with an investigation, including
but not limited to, the power to confiscate or shut down any
Gaming Device, other equipment, or gaming supplies that fail
to comply with any standards required by this Ordinance, the
IGRA, the Compacts, and regulations of the NNGRO;

To review for compliance with all applicable laws and
regulations and to make recommendations thereon to the

Department—of—dusti Office of the Attorney General for

their-approval:

1. the terms of any and all proposed contracts between #he
Naveito oe Peibat Bntexped a Gaming Facility

Operator and any person “oe_entity whieh that provides
for the management or operation of any Gaming Activity
or Gaming Facility within the Nation; and

+h io £ aah ; i . a
a S £any—an g 6

2.3.-the terms of any lease of land which is the site or
proposed site of sueh a Gaming Facility;

To investigate any aspect of any Gaming Activities within
the Nation in order to protect the public interest in the
integrity of such Gaming Activities and to prevent improper
or unlawful conduct in the course of such Gaming Activities,
and to investigate any report of a failure any—Caming
Operatien—of any Person (including any Gaming Facility
Operator) within the Nation to comply with the provisions of
this Ordinance, ex—the Aet—IGRA, or the Compacts, and to

require such Gaming—Operation—Person to take any corrective
action deemed necessary by the Gaming-Reguiet £#4 NNGRO

Page 17 of 78


|®

cO-76-18

“Gaming Device” means a mechanical device, an _electro-
mechanical device, or a device controlled by an electronic
microprocessor, or another manner, that allows a player to
play games of chance, whether or not the outcome is also
affected in some part by skill, whether the device accepts
coins, tokens, bills, coupons, ticket vouchers, pull tabs,
smart cards, electronic in-house accounting system credits
or other similar forms of consideration and through the
application of chance, allows a player to become entitled to
a_ prize, which may be collected through the dispensing of
coins, tokens, bills, coupons, ticket voucher, smart card,
electronic in-house accounting system credits or other
similar forms of value.

» D. “a YBlect £ op a”
ving ACOH
trolled—elect a hich all
pe £ nerelt +
l t £-ch £ which ffected
P play—gam £-chanee; fee £
by—skill,—whieh—4 activated by the—insertt £
i by +h £ ate va hich
7 7 vedit;—and which
ait a) 1 _
¥ds—gar + 7 be; 2 7 P
that by, a debs th 4 £ th £
playex _ferany-orth going
L be -disel a-by:
r Y iad Pa ~
t- Video -feesimite;or
2 Meeh j cating 4 hereby th ftwar £-th.
a det +h + + g@—+th
ia ia 14
tack th £ inns binatd a
p 7 hereef,of inning-—eom £
pay-out; ifanye

“Gaming Employee” means any person employed as a Primary
Management Official or Key Employee of a Gaming Operation of
the Nation and any other person employed in the operation or
management of a gaming operation, including but not limited
to, any person who is designated _a Gaming Support Employee
4 i : £

3 - dues +h
mplLeymer <
tricted £ i Faeilit + oth i +
£—a-_caming—Feeitt 2
th bli i Erol a + Sanit 4.
ne p . g Pe a # st 7 7
= it g—eth 1 + di +4
ak 7 hee—empt
A Tyed—in eh i +4 ith i Pacilit
anveived g—Op tthin aming

“Gaming Facility” means the building(s) or structures(s)

licensed and approved by the Natien NNGRO in which gaming
activities are conducted.

“Gaming Facility Operator” means the Navajo Nation_Gaming
Enterprise, which is the a—wholly-owned Tribal Enterprise,
or such other entity of the Nation as the Nation may from
time to time designate as the wholly-owned tribal entity
having full authority and responsibility for the operation

Page 7 of 78


Cco-76-18

Ge B approval of the Executive Director, the NNGRO may
establish tribal internal control standards (“TICS”) that
provide an equal or greater level of control than the minimum
standards of internal controls. Upon making a determination
that additional internal controls would be beneficial to the
Gaming Operations, the NNGRO will propose TICS for Gaming
Operations to the NNGE. TICS will not be implemented by the
NNGRO without consultation and cooperation with the NNGE. If
the NNGE opposes proposed TICS, and the NNGRO continues to
believe that the proposed TICS are necessary for effective
Gaming Operations and the protection of the Nation’s assets,
the NNGRO shall utilize the process for adopting minimum
internal controls codified in Subsection 2013(A) of this
Ordinance.

§ 2014.-2010.- Petition for Self-Regulation

Upon the mingRegutatery _cttieet NNGRO’s determination that
the Nation is eligible therefore, the ing—Reguiatery Offi
NNGRO may submit to the Commissien—NIGC an application for a
certificate of self-regulation, under the provisions of 25 U.S.C.
§ 2710(C) (4). The ing—Reguiat £44 NNGRO shall do
everything necessary and appropriate to obtain such certificate
and to maintain the certificate in good standing.

§ 2015.—2014.—Independence of Navajo Nation Gaming Regulatory
Office

The amd Regutatery £f4 NNGRO is constituted as an
independent regulatory agency of the Nation. The Gaming Reguiatery
9££iee—NNGRO shall not be subject to political direction or
influence in the performance of its duties from any Public
Official or Public Employee of the Nation.

§ 2016. 2042.-Relation to Gaming Management

Neither the Executive Director e£—ék amine Reeutat ££

nor any other Public Official or Public Employee of the Nation
(individually or collectively) shall have any role in the
management of any Gaming Facility Heensed-gaming tablish +.
Aside from the specific duties of the Executive Director, as
defined in this ordinance, all decisions, policies, and actions
with regard to the operation of any Gaming Facility tteensed

g g tablish t—are the prerogative and responsibility of
the gaming management as described in Subechapt S a = this
Ordinance.

§ 2017. Agent for Service of Process

Page 23 of 78


June 24, 2019

Via U.S. Mail & E-mail

Jonathan Nez, President
Navajo Nation

P. O. Box 7440

Window Rock, AZ 86515

Re: Navajo Nation Amended Gaming Ordinance, Resolution No. CO-76-18

Dear President Nez:

This is to inform you that the Navajo Nation Gaming Code enacted by Navajo Nation
Council Resolution No. CO-76-18, submitted to the NIGC on March 22, 2019, is approved by

operation of law.

Pursuant to the Indian Gaming Regulatory Act, the NIGC Chair has ninety days from the
date of submission to either approve or disapprove a gaming ordinance.' Any ordinance not
acted upon at the end of the ninety day period is considered to have been approved by the Chair
to the extent it is consistent with the provisions of IGRA.? Because no action was taken by the
Chair within the ninety day period, the Nation’s ordinance is considered approved to the extent
that it is consistent with IGRA.

It is the opinion of the Office of General Counsel that while the Nation’s Gaming
Ordinance is substantially compliant with the requirements of IGRA, § 2005 of the Gaming
Ordinance regarding sole proprietary interest may result in a violation of the Act if not clarified.
Specifically, § 2005 provides for exceptions to the requirement that tribes maintain the sole
proprietary interest in, and responsibility for, the conduct of gaming, such as Class I gaming,
small bingo, raffles, and lotteries.

IGRA and NIGC regulations, however, only provide for one exception to the sole
proprietary interest requirement; and that is for individually owned gaming. If a tribe chooses to
allow individually owned gaming, its ordinance must specify as much and include certain
requirements for that gaming.? As currently drafted, the Nation’s Gaming Ordinance does not
specifically list IGRA’s individually owned gaming requirements.

'25 U.S.C. § 2710(e).
21d.
325 U.S.C. §§ 2710(b)(4)(A)&(B) and 25 C.F.R. §§ 522.4; 522.6(c); 522.10; and 522.11.

N MAILING ADDRESS: NIGC/DEP



|

|=

|p

Cco-76-18

statement of itemized objections to issuing such a license
from the NIGC, and those objections are received within
thirty (30) calendar days of the NIGC receiving a notice of
results of the applicant’s background investigation.

The NNGRO shall take the NIGC’s objections into account when
reconsidering a license application.

The NNGRO will make the final decision whether to issue a
license to _an applicant for a Primary Management Official or
Key Employee position.

If the NNGRO has issued _a_ license to a Primary Management
Official or Key Employee before receiving the NIGC’s
statement of objections, notice and a hearing shall be
provided to the Licensee, as required by Section 2051.

§_2050. Denying Gaming Licenses

A.

|p

|e

The NNGRO shall not license a Primary Management Official or
Key Employee, or any other applicant, if the Person:

i. Poses a threat to the public interest;

2. Poses a threat _to the effective regulation of gaming;
or

3. Creates or enhances the dangers of unsuitable, unfair

or illegal practices, methods and/or activities in the
conduct of gaming.

When the NNGRO does not issue a license to an applicant for
a_ Primary Management Official or Key Employee position, or
revokes a previously issued license after reconsideration,
it shall:

1. Notify the applicant and the NIGC; and

2. Forward copies of its eligibility determination and
notice of results of the applicant’s background
investigation to the NIGC for inclusion in the Indian
Gaming Individuals Record System.

An applicant may appeal the NNGRO’s final decision in
accordance with Subchapter 11. The NNGRO’s final decision
whether to issue _a_ license cannot be appealed by the
applicant to the Office of Navajo Labor Relations, the Navajo
Nation Labor Commission, any non-Nation administrative body,
or any court.

§ 2051. NIGC: Gaming License Suspensions and Revocations

Page 46 of 78


co-76-18

| os

An other person designated by the NNGRO as_a_ Ke
Employee.

Y. “License” means an approval, evidenced in writing, issued b
the NNGRO to any Person to be involved in the conduct of
Gaming Activity, management of a Gaming Facility, providing
Gaming Services to a Gaming Facility, or extending financing
to a Gaming Facility.

Ze “Licensee” means a Gaming Facility Operator, Vendor,
Distributor, Management Contractor, Manufacturer, Key
Employee, Primary Management Official, or Gaming Employee
licensed by the NNGRO under the provisions of this Ordinance.

AA. “Management Contract” means an contract, subcontract, or
collateral agreement between the Nation and a contractor or
between a contractor and a subcontractor if such contract or
agreement provides for the management of all or part of a
Gaming Operation.

Ss. M g & & +” means—a-management + b with4

&h ing—of 25 6.6. FAGLa19} and QTL.

BB.£,———_“Management Contractor” means a naturat—perser Sity
Person that has entered into a Management Contract with
the Nation or aming—Faciii+ e + NNGE which has
been approved pursuant to 25 U.S.C. § 2710(d) (9) and
2711.

CC.U.—“Manufacturer” means a nat 1p n-ex—entity that Person

that manufactures Gaming Devices and/or component parts
thereof as defined by this Ordinance for use or play in the
a Gaming _Facility—Facilities.

DD.¥—“Nation” means the Navajo Nation.

EE.W. “Navajo Nation Council” means the Navajo Nation Council of

FE.

the Navajo Nation.

“Navajo Nation Gaming Enterprise” or “NNGE” means the

enterprise of the Nation established pursuant to 5 N.N.C. §
1701 et seg., as may be amended, to conduct gaming operations
within the Navajo Nation in order to generate gaming revenues
and provide a fair return to the Nation in accordance with
the IGRA, this Ordinance and all other applicable laws of
the Nation.

GG.¥—“Net Revenue” means the gross revenues of any gaming

activity less amounts paid out as, or paid for, prizes and
total gaming related operating expenses, including all those
expenses of the Gaming Activity commonly known as operating

Page 10 of 78


co-76-18

U. “IGRA” means the Indian Gaming Regulatory Act of 1988, Public

Law 100-497, 25 U.S.C. § 2701 - 2721 and 18 U.S.C. § 1166 -

1168, and all regulations promulgated pursuant thereto.

V.9--“Indian Lands” means land as defined in 25 U.S.C. § 2703(4) (A)

and

(B), subject to the provisions of 25 U.S.C. § 2719.

W. “Investigator” means any Person or independent contractor

employed or appointed by the NNGRO to investigate matters

regarding compliance under this Ordinance.

X.Rs—"Key Employee” means a Gaming Employee who performs one or
more of the following functions:

le

|

|e

A Person who performs one or more of the following
functions:

a.t— Bingo caller;
bia Counting room supervisor;
C.3+ Chief of security;
d.4- Custodian of gaming supplies or cash; or
2. Floor Manager;
tedi £ i D. 1
of—_cGaming—B 7 g
jth + 4 a +4
per nd—a Reing
a jeh4 hd
4.-—_——eates+

£,8,———_Pit boss;

Dealer;

8

h.d— Croupier;
i.40.———Approval Approver of Credit; or

Custodian of Gaming Devices, including
Persons with access to cash and accounting
records within such devices;

=

If not otherwise included, any other person whose total
cash compensation fexem from the Gaming Operation is in
excess of #ifty—th xet—deit 50,000} pexr—year;
ex,—if—of the amount set forth in 25 C.F.R. § 502.14
(b), as may be amended;

If not otherwise included, the four most highly
compensated persons in the Gaming Operation; or

Page 9 of 78


% Lieat £ + +b a +h 45
Be Any hape review mu 4
a £ Lot o£ +4 £ the fina} + £ th
2S 4 £ Sa arming
R 1 ££4 Th 9 +4 <4 4
Regulater £fiee- p e-entity Seq gj +ad
j hali be th + a-shali + +h a
sevi Ra: g—pae * eden
fb 1 a $ id
£-precti by neing i .
Th A + shall decid W 3 + + £
or Pre—revi g id & 2 £
3 ted + + -statut d—det
Law-p. 7 is tt 2 7 < =F
the—b £ +h 24 £ ih R ££
he—actt g gab x
ph + shalt hold +h +4 £ +h
g ue 2 & iss g
Reguiat ££4 3 th wet—determi that ~
action —was+
bak £4 +
te Aebi 7 2 7 a—ak Hy
th in xd th law;
2 + + tatut he iid
gntz—p E7— PEt ger
cman
Ba £_statut diet th +
a £ + By — ath 7
} tat A Laks £ statue Lohte
7—eE—i¢ By Hight
Without ob £ a a-by laws
4e evar is <5 a Law
g ted b stantial id
ae pp Ss Ss +

§ 2072. [Reserved]
§ 2073. [Reserved]

Subchapter 15. 43:—Gaming Operations
§ 2074. 2038. Scope of Permissible Gaming

All Gaming Activity, including, small bingo games and raffles,
and Class I Gaming, are authorized to be conducted on the Nation’s
Indian Lands, if such gaming is conducted in accordance with this
Ordinance, the IGRA, the applicable Compacts, and any other
applicable laws and regulations. This Ordinance, however, shall
not_apply to Gaming Activity owned or operated by the Nation or
the NNGE that occurs outside of the boundaries of the Nation’s

i Ph q parte jetted to b dueted i
Indian Lands. £4 aming 2 He
licensed Gaming—Facihit th Bich dawfulhyb ted
b th Noat4 a V4 bl tod ££ fed } 4
A—b he—Neti pp 2 £—£ed,
a duds but + Limited to +h + 4 as Vomit ati
SF heAet;—subj
hieh b d-by-th a
is edinanee-

Ay =. +4 + et n—indiantends— ted tside—th tat
£N. M. th $ R i ££ b Lek
= Mex is aming g ¢ 523
tablish +h issible—h a—ad £ + £
Pe Pp £
+ + ph Tat th 3 a
g + g tensa wthert 44

Page 59 of 78


Loa)

ny

Ph + £ £ i the—bael ai tieatt
2 AE he—baeckgreoun it teat
A Emo hall» ££ i Faettit
aming—Emp- Radi at per =—+h g
+ heh hived +6 Fi = i
perater—whe—h Rae prep ice =

When a Primary Management Official or Key Employee is
employed by any Gaming Facilit Operator, a complete
application file, containing all of the information listed
in Sections 2044(D) and 2045 shall be maintained.

Th A R tat ££4 hak + jy es int
g—Reg ¥ naintein

£44 + th qe b ai tieat
+ gthe + + £any _backgroun i

nducted—by—it. b£4} hat}+5 £ a—£ 3
£h +h £ the dat a + £ 1

¥ sploymen
ieatd £ th 14 £41 halt +a4
p Ase A—fit Radtt

+ i + £ dthe identifi £ fidentiat
¥ ms—designed afeg
informants—_from—inadvertent—disel

The NNGRO, and _ its investigators, shall keep confidential
the identity of each Person interviewed in the course of
conducting a background investigation.

§ 2045. Investigative Reports

AL

w

The NNGRO shall create and maintain an investigative report
for each background investigation of a Primary Management
Official or Key Employee.

Investigative reports shall include all of the following
information:

1 Steps taken in conducting the investigation;
2. Results obtained;

3. Conclusions reached; and

4, The basis for those conclusions.

Gal th ided tribalstat £ + a
at ReEws provi tn—a—teibat & FAD #
+6 bet athe je-Nati ath tat £ Mest
+h fat £ Asi the N $o-Natt D. + + 6f
T J Pe
publi fet ij} take £i ink 4 tred a a
Pubit at tib ke—fingerprin hen—requis +e ne
£h tothe NE The NE i734 aq-th 4 i +
7 + fingerpein
th ERT Reh i734 A +h £€ y—fed 3 iminad
tivity—ineluding—ail feteni and misdemeanors. —The FBT
4 q_the—£ ints back _to the NE 3 jth
<-_the—fingerprin baek he—NE ateng—with—a
+ stat ded_—fed 1 iminad bdarit a
p g imitnal activity; ret
the NE 4 + +h @£ ink ith the PBT
geeprin ht BE
+ te the N. $o-Natd D. + + 9f Publi fet
S 4 2 tot afety>

Page 42 of 78


CcO-76-18

tud bet e imi + 4 &
ing—but—n Limited 7 g
Prineipais
§ 2027. [Reserved]
§ 2028. [Reserved]

Subchapter 7.—-8.- Gaming Employee's License

§ 2029. 2019,—Requirement e£-for Gaming Employee License

A. = aning—Empl £ ing—Facidit P & hal
a—_+b +h ‘ R Lat ££ j +
ee aming—Regute iss

mmeneement—of—empt ++ No Person shall be employed as a

Gaming Employee in any applicable Gaming Operation without

first obtaining a_ gaming license from the NNGRO, unless an

exemption or exception applies to such Gaming Employee in an

applicable Compact and/or NNGRO regulations; provided,

however, that any such exemption or exception must_be
consistent with the IGRA.

B. The NNGRO shall issue licensing standards for Gaming
Employees that are consistent with this Ordinance,
regulations promulgated by the NNGRO, and the Compacts.

§~2020-—-Standard £ Suitabilit

N bali + a 1 te f b bh

hadi ued aig eS

WG d-undex-th hast th R Lat ££

d-undexr_this—Chapterifth gReg ¥

det that—such—Persen-+

A> Hess nvieted—ofany—felon bade she pase—t

4 ££
ganing—offense;

Be Hast gh a ttfulty—s a materially—importan
fad + FRCP: 4—information—en ss 14

1 44 +4
pley pit ien;—ox
Cy Has-b determined _te—be—a_persen—wh 2 Sibtiesy
inal a £ habit a
7 E—Fept 7 7
+ +h bts th 51 & + to th
a p he—publie—in
£fect Lets a trol of +
+ Fes g oT oa =
4. +h eb f. tab} fai 44 4.
danger £ 7 7 itlegal
pract 7—metheds;—and-activitt th duct—ef_gaming
+h : £ the b a-£4 ‘ t
areying nd—finanet g
aneidentat thereto;

Be oH fiiet—of int £ potential fora flict of
A tif : Empl Publ ££ieial Publis
in aming—Empt + tak bt
Empl f the Nats hall bed d-te-h flict of
Empley 1-shait Eli £
anterest

§ 2030. [Reserved]

Page 30 of 78


co-76-18

|>

If, after a license is issued to a Primary Management
Official or Key Employee, the NNGRO receives notice from the
NIGC that the Primary Management Official or Key Employee is
not__eligible for employment, the NNGRO shall do the
following:

1. Immediately suspend the license;

2. Provide the Licensee with written notice of the
suspension and proposed revocation; and

3. Provide the Licensee with notice of a time and place
for a hearing on the proposed revocation of the license.

\P

Following a revocation hearing, the NNGRO shall decide
whether to revoke or reinstate the license at issue. The
written decision of the NNGRO shall constitute final action
of the NNGRO. A Licensee may appeal a written decision issued
by the NNGRO in accordance with Subchapter 11. No Licensee
may file a request for reconsideration with the Office of
Navajo Labor Relations, Navajo Nation Labor Commission, any
non-Nation administrative body, or any court.

i

The NNGRO shall notify the NIGC of its decision to revoke or
reinstate a license within forty-five (45) calendar days of
receiving notification from the NIGC that a Primary
Management Official or Key Employee is not eligible for
employment.

§ 2052. General: License Revocation, Suspension or Denial

A. Grounds for Revocation, Suspension or Denial of License. The
NNGRO may revoke or suspend a License or deny an application
for a License when the Licensee or applicant:

1 Has violated, failed or refused to compl with the
provisions, requirements, conditions, limitations or
duties imposed by any provision of this Ordinance, the
relevant Compact or state gaming agency rule, or when
such violation has occurred upon any premises occupied
or operated by any such Person over which he or she has
substantial control;

Knowingly causes, aids, abets, or conspires with another
to cause any Person to violate any of the laws of the
Nation or NNGRO regulations, or the provisions of the

relevant Compact;
Has obtained his or her License or a State Certification

by fraud, misrepresentation, concealment or through
inadvertence or mistake;

\s

je

Page 47 of 78


CcO-76-18

interest.
+4 RQ + He +}, inte et
p 1S;—Partnerships;—and ss
L oN = 4 th bit hall 5
ie 7—partnership;—er #
4 . +i its—licen ¥en d-undes—th+
ot 3 th i R lat ££4 A tisfied
sss g-Reg 4 isfied
that 4 +3 + he +h thts
he: + 2 = p ag
z ised a4 d-stand a the 4
ay E egar < g ¢
£ the—jurisdiction-where it tablished, a
is—quatifiedte—de—pusin ithin the Mati a
: q£4 ial aie b 5
be Es 7a hewn—_by—a
financial tatement ti-fied—b, tified
bpd tant—te—b. let a
B a—eurrent; 2
tedesietd f£ +h } ients £i iat
2 ganization finaneial
status;
x + ak tb in-th + £3
is ¥ e ax
th biect—of iminel 4 4 5
i 15 £—an Ft g
byib 4, fed 1 = 4 £, +
7 = Le
eh 4 bh b £fia = 4 3
7 £-prineipal
A $ $ 4 Led
eganizatien—having—p g
H tablished tats £ £4 ia}
a a— reputation
_ it a ab: 4 4 if th
J ¥ PEAS c+ 7 7 ssa
ieakd thy € a—that alt
g ¥ 7—ehe ii person
hay te-in-tts £ 44 ineluidi
g-anyreteinits form 7 g-p
A £4 A ified toh.
Pr Ts ST Lia Pee +e “tT
iG d—individuelt dex—th EF £—ehi 4B
aa tablished that h : 1 :
er +t ablish a any—p g te—in
the £ +4 4 ineival fh
acting—as—a—p is
peaks i + p14 ffieial 14
I pobii ££+ iss
a f th Nati 2 a
pley Fay
t5-4 Le sth + Liab a+ + +h
ie ie ¥eliab 7
4 A 1 +4 $ dated Lehy
awh: £ gk +
the Nation will bein the best interest £§ th
Mats & foeth in thi dinar
ait4 £ 14 +h Gamé
P £ # 7 ming
+ £F4 halt $ that 14 a
Regula vequit
4 + he +h es a ea +
~ f7—partner pS ere gi
th i R Let £65 Lth4 419 4 £
g geek ¥ & ¥
teyvial ch : int 4 disel in eh
Fe g any int 1 +n—th-
Leaks £ hich A 4 + £ tbh
plication 2 ¥—nett ble;

Page 29 of 78


co-76-18

with detailed, supporting subsidiary, records sufficient to
furnish the information required for the standard financial
reports to adequately reflect gross income and expenses
related to gaming and subsidiary operations.

The ing _Reguiatery Offi NNGRO shall from time to time
prescribe a uniform chart of accounts and accounting
classifications in order to assure consistent and effective
disclosure of financial information.

The ingRegutat ££ NNGRO, when it deems necessary,
may request additional information from either the Licensee,
or its independent accountant through the licensee, regarding
either the financial statements, the audit or both. The
Licensee shall provide to the ing Regulatory Offi NNGRO
copies of all letters from the independent accountant to the
licensee regarding internal control matters within thirty
(30) calendar days after receipt by the licensee.

G.Eth ming—Regulatery offi hall—previd pA fal
~~ a aie £ + g c— ——s a 44 + +h
ived a ‘h & ied the +4
= 7 ¢
A + tablished —b th ised a hal

vequirer ablished sa FRR +en;—and hadt

is + pth th + + th p _——_- aati al

£ +4 quived:—The NNGRO shall provide copies of all

annual audits of each Gaming Operation and each audit for

supplies, services, concessions for each Gaming Operation to

the NIGC within one hundred and twent (120) calendar days
after the end of each fiscal year of the Gaming Operation.

H. Navajo Nation Office of the Controller shall provide to NNGRO

a report from an independent certified public accountant that
examines audited proceeds received pursuant to any pooling
or transfer agreement entered into by the Nation in
accordance with the Compact between the Nation and State of
Arizona. The NNGRO shall submit an agreed upon procedures
report relating to all pooling and transfer agreements to
the Arizona Department of Gaming in accordance with the
applicable Compact requirements.

§ 2079.—2044.—Public Disclosure of Payouts

A schedule of payout information as to all Gaming Activities
carried on within a tieensed-—Gaming Facility shall be displayed
at all times within the facility at a location clearly visible to
pateeis patrons, and shall be updated regularly.

§ 2080. Patron Disputes

Page 66 of 78


Ee

co-76-18

“Class III Gaming” means all forms of gaming as defined in
Section 4(8) of the Act—IGRA, 25 U.S.C. § 2703(8), which
include:

1. Any house banking game, including but not limited to:

a. Card games such as baccarat, chemin de fer,
blackjack (21), and pai gow (if played as house-
banking games); and

b. Casino games such as roulette, craps, and keno;

Any slot machines, as defined in 15 U.S.C. § 1171 (a) (1),
and electronic or electromechanical facsimiles of an
game of chance;

|»

3. Any sports betting and pari-mutuel wagering, including
but not limited to, wagering on horse racing, dog racing

or jai alai; or

4ay Lotteries.
»

“w. the Nats i Tne i igi
nad—tnadian ming a +

tablished—p os 5 ys 270-4

E.F—‘“Compact(s)” means Peibak—Stat act—those gaming
& AS) Pe Enose gaming

|=

|p

|S

compacts entered into between the Navaje—Nation and_the a
State of Arizona, the State of New Mexico, and any other
State in which the Nation has Indian Lands, and all
amendments and modifications thereto, pursuant to Section
11(d) of the Aee-IGRA, 25 U.S.C. § 2710(d), for purposes of
regulating Class III Gaming Activities conducted within the
Nation; dad a ts—and-modifieati ae: +

“Conflict of Interest” means an actual or potential
incompatibility between a Person’s private interests and his
or her official, public, or fiduciary responsibilities.

“Distributor” means a Person that whe distributes CGlass—tt
and Class—ftitGaming Devices and/or component parts thereof
as defined by this Ordinance for use or play in a Gaming
Facility.

“Executive Director” means the Executive Director of the
Navajo Nation Gaming Regulatory Office.

“Facility License” means a separate license issued _by the
Nation to each place, facility or location on Indian Lands
where the Nation elects to allow Class II or Class III Gaming.

E—‘Gaming Activity” means all forms of Class II and Class
TII Gaming =. d—ep +ed—by—_the Nati and—conducted
within the territorial jurisdiction of the Nation.

Page 6 of 78


co-76-18

which Leng +h ¥e—in_furth £—and—net—in

witiet Leh ¥ ieien—of thi a 7—regulations
shall have the force of law. Without limitation, the matters
to be addressed by such regulations may include the
following:

1 License eligibility determinations and the process and
application requirements to appl for an License,
including information necessary for adequate assessment
of the applicant’s eligibility and determination;

4. Phe 43 a £ lyine-£ ine-O tort
: and manner pp g ring—Op:
Ls a ths ag 4—_+h 7
hd. 7 pecifi
é « ob ded ‘ eh 4
prov: + h—sueh
Ladd inf £
application; g nation—a ¥
e : € th } él g bael a
& ment—of pp ackground—and
£h h h Least ib a
h-sueh-app pe A
h a by whieh 1 ke fox] 4
2- fhe» ¥ ppliear
4 ald Lyf hI lad
edinan he pp ASS; g
th : 5 ded—_by—_th 3 i
ration be—p * pplican
£ d ‘ tof th qieant!
¥ dequ Es pelican
back a at a _whiech a Lieat
g 7 manner—in pp
16 4 a
44 2 j

2.3+ The specific types of accounting, security, record
keeping and reporting measures required by this
Ordinance or the Aet-IGRA to be in place and functioning
at any Gaming Facility licensed under this Ordinance;

|v

Specific Gaming Activities allowed, with applicable
minimum internal control and technical standards and
safeguards required to assure the integrity of the games
and the security of the gaming proceeds; and

Any and _all other standards required under federal law
or any Compact and necessary to carry out the duties
under this Ordinance.

Except in emergency situations addressed in Subsection (C)
petew—of this Section, prior to promulgating a final
regulation, the ingRegulat ££4 NNGRO shall publish
the regulation in proposed form, which form shall include
strikethrough and underline. The proposed regulation shall
be provided directly to the President of the Nation, the

Speaker of the Navajo Nation Council, #he—Chaiepersen—and

bh ber—ef—the EF aike—D. 3 & romd-b-t £ +h
N 4$o--Neties uncil, the Office of the Attorney General,
and the NNGE—€ ny—oth: int ted—p rterested
££4 £-aAg ftheNatiern. The proposed regulation shall

Page 20 of 78


+ FRE ak Fr ROE g

1. Consistent with Section 2052, suspend or revoke the
license of the person e*x-entity to whom the notice of
violation was directed;

2. Assess a civil penalty in accordance with the provisions
of this Ordinance;

3. Forcibly eject the violator from the premises of the
Gaming Facility;

4. Seize the Gaming Facility and all equipment, records,
and proceeds of Gaming Activities located within the
Gaming Facility; or

5. Upon consultation with the Nation’s Attorney General,
initiate in the District Court of the Navajo Nation a
civil action or criminal complaint to enforce =he-this
Ordinance, gutet £-th gReguiatery Offi
NNGRO regulations, or the IGRA—Act.

Each Person e¥-entity to whom a notice of violation is issued
shall submit a written response to the Gaming—Regulatery
offtee-NNGRO together with any additional written information
the person believes the GamingReguiateory Offi NNGRO should
consider. Such response and supporting documentation must be
received by the ing -Regubat ££4 NNGRO within fifteen
(15) calendar days of the receipt of the notice of violation.
Upon receipt of the written response, the Gaming—Regubatory
Offiee—-NNGRO shall issue a written decision within fifteen
(15) working days. Such written decision shall constitute
final action of the ing—Requiat ££ NNGRO with
respect to such notice of violation. No Person may apply to
the Office of Navajo Labor Relations, Navajo Nation Labor
Commission, NIGC, any non-Indian administrative body, or any
court for review of a notice of violation. Ne—actien—te

= = = = vielati hall be—tal py th g
R Lat ££ til th R Lat ££
g ¥ $ $
it ee ded—that th R es
+ 72 7 g g
££ 4 a 3 a a +h
fit Fe antae tt pend—any—_licen wed —and: Bt
a He E—tak ses ther—immediat actien—if—th
td. a1 i £ auct—b eit
g T BY person—er—ent+
stitute an—inam th + to the-public—healeh fet
fax FRre—net+ £—rielatien_is_the_final + £
+b. i R Lat £4 if jee te-th
g g ¥ cs et A—EeSpOn #
4 £ wislat bmittedto—th R Lat
Rott £ + 1 +)
££4 +h the + ibed. Seet 9354B)—t
f+ + = +S}

Page 57 of 78


co-76-18

R a — £ & Le
4, eding ¥ pest
as £ a + intad
#e g 6 g es main
tabi £ &
;
Sy A £ £ vlyin_aceerdan ith g et
£ ds_of és-with existi tg at
be 2 ith ext g
bl £ 4 eh ‘ € &
om ith previst pprep
i th - dike.
2 any differences,
Ge Fh tem _ef—_administrati trol helt Lude—a
letes] £ tion that-—will La £
2 Pp g + at—will previ pprep
. £_fenct 4 recees 4 a
greg netional_+resper
€ te-be—felLlewed_in_th £ € +h aut
s felt Pp 4
6 & a Lie 4 Th 4 €
6 mpetent—ar es p he—plan—ef
© hall bedi 4 a kive 4 ibd
g grammatie—and narra g
the—int Lat hip—ef—funetion @ the di é
er hieh—th £ £ int fi terol
pen—whieh th 8
* ‘ 7 based
ganing—ep +
U: fe 4 + 4 +h R + £e4
Db pon_—weitter—appt gReguiatery office,
the] £ val eh th " 4
¢ any materia g
kxol £ Le determi © Thy
— ppEep : arming
Reaulat £44 hall notify-the eine that
Regulatery Offi sweiting the
4 £3 ted Seated within thivty d
rr 14 ol ~TeeTy 7
£ 4 Lieati Th leten J th
g pplication: The _weitter
Reaulat ££ hall eitute final & £
g—Reg £E4 hell—een
th ing_Regulat £e4
g—Reg 4y- Office,
Ph £ € a exols shall inelud detailed
Ee : accounting—contrel A
e 44 is £5 at least dad a-shall
g 2 4 daily;—and-st
b $e te the + £ A ere a
pprop he . £ CamingA
ak—th fecility and th hustead h + + £ th
a £313 qe 44 a 4
utilised € g +
Ph Lat £E4 hall ‘ that all ban}
eB & aming—Reg € aii_ber
* £ d-by—th * £ +h sng Faeilit
he—epera £ theGaming £ ¥
hell _be—identified by bank and ent—numb: d-that—all
‘= + = by, $4 £3 ob:
g a nts—b: neified b:

Hames

§ 2077. Internet Gaming

Internet gaming under this Ordinance shall be permitted to the
extent that all bets or wagers are placed, received or otherwise
made exclusively within the Nation’s Indian Lands, or between the
Indian Lands of two or more Indian tribes, provided that any Class
III Gaming over the internet shall be subject to the applicable
Compact (s). NNGRO shall promulgate regulations that include:

Page 64 of 78


Cco-76-18

Tnitiel Jieati fee+
we 2P ation—fee+
aaa) d-deli ($4,000
a Anncat—renewat feer
£4 hundreddol} ($500 00)—
M faek tels lier's th .
Mane SP bieense+
Trhitial 14 4 £
oo ai—appli Ler +
M. faek Distributer £ ing Dewi :
+h a—deit ($4660-
b WG £ ‘ s A .
PY Ss 7
ene hundred detiars +4$400-00}-
Thivd Party Financier
+h adelt ($4,060)—
ar fact Distributer of ming—Dewi
£4 hundeed dell ($500-0014
b Wi £ $ s i :
+ PP g Ltt +
Phi Pp. + anes +
¥ net
£4 hundred—deit 4$500,00)—
‘ Emol T4 :
g P RSet
Initial Lieatd £ £
bh faded pp
a 4 alt £
eh i Th $ + £63 6 Lat
S eing—Regub ¥ gubatien
ib h-oth £ it hak
re oe PPECP +
Baek ij Foeiiit topt 44 A M, L
Back g perater 7 g—Manages
4 c= + 44 44 ac. i ant 4
7Henveét pp at ae F
ii i <—ty-—th: ing—Regulatery offi # und
halt} bh + + es bh 14 5,
he iss £7 S teen Fe
@—_<£ b + ied
a——£ ef * aE—p iss B
Lieats th £. £ ified by th
pp ation 7 Fe i= ¥ g
R Lat ££iee, but licen: halt ¥ ted
Che 1 of 1G $ ak a
¥en ¥ # + +
ph $ R Let ££4 halt & 4
£ gRegul +14 p Licen

Page 37 of 78


co-76-18

Section Four. Effective Date

This Ordinance shall take effect in accordance with 2 N.N.C.
§ 221, and immediately upon subsequent approval by the NIGC Chair
as set forth in 25 C.F.R. § 522.2

Section Five. Codification

The provisions of this Act which amend sections of the Navajo
Nation Code shall be codified by the Office of Legislative
Counsel.

Section Six. Savings Clause

Should any provisions of this Act be determined invalid by the
Navajo Nation Supreme Court, or the District Courts of the Navajo
Nation, without appeal to the Navajo Nation Supreme Court, or any
other court of competent jurisdiction, those portions of this Act
which are not determined invalid shall remain the law of the
Navajo Nation.

Page 77 of 78


jth oa £-th jot of leted & £
tthir 2 £ ep SP
= i + to Subchapt 5 a f +h
asing—p iss 7 7 &
as 3 the bael a + + dextal b
vk he—baekg g rdertakenby
kh R tat £4 disel that +h 4
g guiatery Offi pplican
h y Bist 1 th ££4 &
ha Sy 7—ee-—unt g
todd ify th 14 + bts th a
aise SP poe sas
+ the —€ £ +h 3 + The —t
pp Ae pp a —Th a ¥
1 hall b ea id—and—b £ ££ect—up ther
+h £ } +h € a £
he—i penthe—+
rae a £ +h 44 <4 pth +h £
he—licen ine provision £
this—Ordinanee
§-2024,._fReserved}
§ 2041.-2025.~ Non-transferability of License
Each g—Facilit peratert si 7 ing ger'sbicense;
Manufaect t pp £ License; ned ing—Empi License
issued by the ing—Regulatery Office -NNGRO f dex is valid
only for the Person ex—entity at the place of business shown on
the license. The license is not transferable or otherwise

assignable without prior approval from the Gaming—Regulatery
O£fice—-NNGRO.

§ 2042. License Application Forms

A.

The following notice shall be placed on the NNGRO’s license
application forms for individual Persons before the form is
filled out by an applicant:

In compliance with the Privacy Act of 1974, the following
information is provided: Solicitation of the information on
this form is authorized by 25 U.S.C. § 2701 et seg. The
purpose of the requested information is to determine the
eligibility of individuals to be granted a gaming license.
The information will be used by the NNGRO authorities andb

the NIGC members and staff who have need for the information
in the performance of their official duties. The information
may be disclosed by the Nation or the NIGC to appropriate
federal, tribal, state, local or foreign law enforcement and
regulatory agencies when relevant to civil, criminal or
regulatory investigations or prosecutions or when pursuant
to a requirement by a tribe or the NIGC in connection with
the issuance, denial, or revocation of a_ gaming license, or
investigations of activities while associated with a tribe
or a gaming operation. Failure to consent to the disclosures
indicated in this notice will result in a tribe being unable
to license you for a Primary Management Official or Ke

Employee position.

Page 38 of 78


co-76-18

4 £fi as a ‘ ah. +
perational—efficier ine
ibed ial Jieies:
eS managerialp +:
Det ted 4. £. +h £ a + dud. 1 a
5+ #8 d-plans—ferthe—fa 7 g ping;
bea té tee] a aad
7? SF dein eri 7—and
th 4 1 + f thea by. ig
rtty Pe se
detailed —4d 7" — it 41
be 2 * 5 ei es
+ a + th £ es ident 4 +h
re—facility,—identi£ g 7
bigs that a id b tape
g $ iii—previ +
detailed 4 its £4 : a i}}-5
w iptien—of—howgaming—p
ted £ a4 a £ dai 4s,
@ <fex—an—disp ¥ +
£ aM, + th
se Sy any—_prep Managemer
& tual g tb hich the -activits at-th
£ Lit + b a
Pa Ss *
a ot £ Led £4
a. p provision
th tential
= gene:
40 detailed 4 itd £ oh th +
+ viption
£ the € Lie 11 be handled a4 a
predu ¥ nd—disp-
of;—and
44 +h int. + l bite th a 4
¥ prep peration
£ +h £ on toad by. eh fal 1 R Lot
cas he aming—Reg
££4 + of th Liestd
2 * pelt oo

An application for an amended license to conduct new or
different Gaming Activities at a licensed location or to
otherwise alter the terms or conditions of an existing
license, shall, at a minimum, include the following
information:

1. Any change in information previously provided in the
original license application or any previous
application for an amended license for the facility;

2. A detailed description of the changes in the facility
or in the Gaming activities to be carried on therein
for which the amended license is required, together with
a statement of the reasons for such change;

3. If a proposed change will require any change in the
existing Management Contract with respect fer to the
facility, a copy of the proposed amendment to such
contract or new contract; and

4. Any other information relevant to the changes or new
activities requiring the amendment.

Page 53 of 78


Co-76-18

and shall include an effective means for an employee to
appeal an adverse determination b the insurer to an
impartial forum, such as (but not limited to) courts of the
Nation, which appeal shall be decided in a timely manner and
in an administrative or judicial proceeding and_as to which
no defense of tribal sovereign immunity would be available.

§ 2023. [Reserved]

§ 2024. [Reserved]

§ 2025. [Reserved

Subchapter 6. Management Contractor License

Cami M; bg Ti
2 2 Se

§ 2026.2015. Requirement for Management Contractor License

A x 4 £ : éh bite shall
ae ~ Pee tT i 7 PT
i +4 +h 1 €
ge—any—gaming—operatior g g
Pribat i Bret ; jthout first obtain i
€ = at—fix btaining aing
Manager+s—hi £ +h ing Regulates ffice, No
Person, corporation, partnership, or other entit shall
manage a Gaming Operation, in whole or in part, as a
Management Contractor without first obtaining a Gaming
Manager’s License from the NNGRO. In the case of a
corporation, partnership or other entity, each Principal of
the corporation, partnership or other entity must also obtain
a Gaming Manager’s License from the ing-Reguiat ££4
NNGRO.

BL As a condition of any Gaming Manager’s License, the NNGRO
shall require that any licensed entity maintain an office
within the Nation.

2016. _Standaxd £ Suitabilit

$ > and: y

Ay Eindividuats,—Ne—p hrat+t—be—i € aning—Manager+
£ he: his—li a a +h hapter—if th

R Tat ££ det that 1
gRegulatex person
kw oH been tedef fel +-gaming—off +
2 & Jen: net a tifuht 2 tided—mat dy
tant fal tat t £ & 3
pertant—fat a f-or-his-—t ses
3 He :s det —t 5 = F prior
biait l @—it tat
ivities; +a—if—any; 7
habit a £4 th b te bh 51
7—and—a 2 a—three 2
+ + or to—th £feety guiatien—and tyol of
i + 4 the 4 £ itabl
gaming; ahan g rsuitable;

Page 26 of 78


|P

Cco-76-18

to be in violation of any provision of this Ordinance, NNGRO
regulations, or the Aet-IGRA. B+ A notice of violation shall
contain:

1. A citation to he-this Ordinance, xeguteti £-£ed 4
dew regulations of the NNGRO, or the IGRA that has been
or is being violated;

2. A description of the circumstances surrounding the
violation, set forth in common and concise language;

3. The action that must be taken to correct the violation;

4. Notice of the time-frame in which the violation must _be

corrected; Nets that—th belati +5 ted

ithin 154 £ tot of th 4 £ wislation:

f+ = fhe + ad

5. Notice of a civil fine or other enforcement action that

will or may be imposed if the violation is not

corrected;
6. Notice than that a written response to the notice of

violation must be submitted to, and received by, the
ming—Regulatery—ofei NNGRO within fifteen (15)

calendar days of the receipt of the notice of violation;
and

7. Notice that the cited violation shall be the written
decision of the Gaming—Regubatery—offiee—NNGRO if no

written response to the notice of violation is submitted

to the ing—Regulatery offi NNGRO within fifteen
(15) calendar days #h +4 2 ibed—i 4
2035 B16}.

With regard to notices of violation issued to an entity that
has been granted a Facility License, such Licensee shall work
diligently and immediately to resolve the NNGRO’s concerns
identified in the notice of violation and if such concerns
are not satisfactorily and timely resolved, the NNGRO ma

issue to the Gaming Facility a notice of temporary closure,
seize the Gaming Facility and _all equipment, records, and
Gaming Activit proceeds, and take any other actions
necessar to protect the health, safety and welfare of
employees, patrons, or the Nation.

With regard to notices of violation issued to a Person other
than an entity that has been granted a Facility License, the
NNGRO may take one or more of the following actions: Inthe

+ +h telat 7" ted fet
* 7 OE HEL 2
te—the—noti £ ietatd : +—mad ithin—ts—day

14 ; pot £ th +4 £ joteatd +h 4
g 2 £ he—¥ 7 g

Page 56 of 78


|>

Be

CO-76-18

Age and location verification requirements reasonably
designed to block access to Persons under twenty-one (21)
ears of age and Persons located out of the applicable Indian
Lands, and

Appropriate data security standards to prevent unauthorized
access by any Person whose age and current location has not
been verified in accordance with this Ordinance.

§ 2078. 2043.—A J—Independent—Audit

A.

jo

Each—tiecensed Gaming Facility Operator shall provide at its
own expense an audited financial statement for each of its
licensed Gaming feeitity Facilities to the Gaming-Regutatery
Q£fiee-NNGRO at least annually, on a date to be established
by the ing—Reguiatery Offi NNGRO, and at such other
times as the ing Regulatory Offi NNGRO may require.

The audit shall be conducted by an independent certified
public accountant licensed in a state, who shall submit an
audit report expressing an unqualified or qualified opinion
or if appropriate, disclaim an opinion on the statement taken
as a whole in accordance with generally accepted auditing
principles of the accounting profession. The examination and
audit shall disclose whether the accounts, records, and
internal controls and accounting procedures maintained by
the licensed Gaming Facility are in compliance with this
Ordinance and the IGRA~Aet. To facilitate the completion of
such audits, each tiieensed Gaming Facility Operator shall
make and maintain complete, accurate and legible records of
all transactions pertaining to any Gaming Activities and any
other revenue producing activities conducted by the Licensee
at or in conjunction with any licensed Gaming Facility. Such
records as well as all original entry transaction records
shall be maintained for at least five (5) years from the date
on which they are made, and during the pendency of any
litigation arising thereunder. Annual audits shall conform
to generally accepted auditing principles. Such records shall
be maintained on the licensed premises or at a location
approved by the cing Reguietes ££i- NNGRO.

To the extent required by the IGRA, all gaming-related
contracts that result in the purchase of supplies, services
oer concessions for more than twenty-five thousand dollars
($25,000) in any year (except contracts for professional
legal and accounting services) shall be specifically included
within the scope of the audit.

D.¢--Each-tiecensed Gaming Facility Operator shall maintain general

accounting records on a double entry system of accounting

Page 65 of 78


Cco-76-18

On April 18, 2002, the Navajo Nation Council by Resolution
CAP-34-02 approved amendments to cure the deficiencies, and
on December 9, 2003, the NIGC subsequently approved the
Navajo Gaming Ordinance, as amended.

Since the Navajo Gaming Ordinance was approved by the Navajo
Nation and NIGC, the Tribal State Gaming Compact between the
Navajo Nation and the State of Arizona was amended by the
Tribal-State Gaming Compact Amendment, dated December 19,
2008, effective March 25, 2009, and there has been a
renegotiated Indian Gaming Compact between the State of New
Mexico and the Navajo Nation, dated April 13, 2015, effective
June 22, 2015.

Since the Navajo Gaming Ordinance was approved by the Navajo
Nation and NIGC, there have been newly enacted and updated
federal statutes, regulations and guidance documents
including the Unlawful Internet Gambling Enforcement Act of
2006, 31 U.S.C. § 5361 et seq., amendments to 25 C.F.R. Part
500 et seq., and NIGC Bulletin No. 2018-1.

Since the Navajo Gaming Ordinance was approved by the Navajo
Nation and NIGC, many court decisions have been issued that
impact, or may impact, Navajo gaming, including Murphy v.
National Collegiate Athletic Association, 138 S. Ct. 1461,
200 L. Ed. 2d 854 (2018); Colorado River Indian Tribes v.
National Indian Gaming Commission, 466 F.3d 134 (D.C. Cir.
2006); State of California v. Iipay Nation of Santa Ysabel,
898 F.3d 960 (9th Cir. 2018); and Navajo Nation v. Dalley,
896 F.3d 1196 (10th Cir. 2018).

Since the Navajo Gaming Ordinance was approved by the Navajo
Nation and NIGC, the Navajo Nation has:

1. Established the Navajo Nation Gaming Enterprise
(hereinafter “NNGE”) to conduct gaming for the Navajo
Nation, and the NNGE opened and operates the following
Navajo casinos:

a. Fire Rock Navajo Casino, opened November 19, 2008,

b. Flowing Water Navajo Casino, opened October 13,
2010,

c. Northern Edge Navajo Casino, opened January 16,
2012, and

d. Twin Arrows Navajo Casino Resort, opened May 24,
2013;

Page 2 of 78


\o

Cco-76-18

dicensee take action in accordance with Section 2051. fhe

4 R Tat ££4 halt at $ife the 14 that
amingReguta he—licen
the 14 h 45 4 fo44 4 + 5f th 4. £
feitewing—= ssa
+ that th R Lat £E4
sss <i Fr # g g +
a th e4 £ $ gy bh + £
Tet+ £—susp- e i £ex
wl + +h ‘ R Lat ££ hah id
Bath amingReg ¥ tdes
h xal es + be a menteatien +h
4 $to th R Lat ££ + th
tay ting Regulater Eft
£ a—si desi ted—by—th tet £E
is qnrated—b as an g g
Withi 454 £ + £ 4 + +
+tRtA—E ¥ p Fe atemen
a aed +h 4 L + £
7 ss tice &
ie + hich Lat +h R tat
7 Riek £ 7 ¢ g
££ hall issu $e a Phy tten deet
£ th R Lat ££ bal titute £ 1 $4
g g Ratti sth
£ th R Lat Th R Lat £E5
g g ££+ Eh: g g ¥
bhatt pA fas by ref its decision

The NNGRO shall transmit to the applicable State(s) a
complete copy of license applications or such other
information of potential Licensees as may be required by the
applicable Compact(s); and upon issuance of a license under
this Ordinance, the NNGRO shall give notice thereof to the
applicable State(s) as may be required under the applicable

Compact (s) .

§ 2049. Granting Gaming Licenses

A.

Be

|e

|=

|=

All Primary Management Officials and Key Employees of a
Gaming Operation must have a gaming license issued by the
NNGRO.

The NNGRO is responsible for granting and issuing gaming
licenses to Primary Management Officials and Key Employees.

The NNGRO may license a Primary Management Official or Key
Employee applicant after submitting a notice of results of
the applicant’s background investigation to the NIGC as
required by Section 2047.

The NNGRO shall notify the NIGC of the issuance of a license
to a Primary Management Official or Key Employee within
thirty (30) calendar days of issuance.

A Gaming Facility Operator shall not employ an individual in
a Primary Management Official or Key Employee position who
does not have a license after ninet (90) calendar days of
beginning work at the Gaming Operation.

The NNGRO must reconsider a license application for a Primar
Management Official or Ke Employee if it receives a

Page 45 of 78


+ of the bach a ti eats +h 4 + uW
AS—pae £—the—baeke g 7 pp
b pred + a 4 eth eh % by
$F 7 53
ted ted 6f £, z
is ad—e£ £elern os misder
ddit 3 +h 4 ided teibal stat +
7 ReEwt provi + Pp
eke a +65. nthe je-Net ath at £N
M +h + £ the N Nat DB. + +
Mex th a £ T 2
£ Publ Safety 4 +h a ££ the Teibal wet
aa +h tatepide dist 4 a +
7 pECH rs pericr
£ Na M. £ 4 a
4 + and—_Arizena—_fer ¥
+4 4 h
prosp + mp

§ 2046. Eligibility Determinations

A.

|=

|e

Before the NNGRO issues any license to a Person under this
Ordinance, it shall make a finding concerning the eligibility
of a Person to receive a gaming license by reviewing the
applicant’s prior activities, criminal record, if any, and
reputation, habits and associations.

If the NNGRO, in applying the standards adopted in this
Ordinance, determines that licensing the Person poses a
threat _to the public interest or to the effective regulation
of gaming, or creates or enhances the dangers of unsuitable,
unfair or illegal practices, methods and/or activities in
the conduct of gaming, the NNGRO shall not license that
Person in a Primary Management Official or Key Employee
position.

Copies of the eligibility determination shall be included
with the notice of results that must be submitted to the NIGC
before the licensing of a Primary Management Official or Ke

Employee.

§ 2047. Notice of Results of Background Investigations

A.

|p

Before issuing a license to a Primary Management Official or
Key Employee, the NNGRO shall prepare a notice of results of
the applicant’s background investigation to submit to the
NIGC. The notice of results must be submitted _to the NIGC no
later than sixt (60) calendar days after the applicant
begins working for a Gaming Facility Operator.

The notice of results shall include the following
information:

1 The applicant’s name, date of birth, and social securit
number;

2. The date on which the applicant began, or will begin,
working as a_ Primar Management Official or Key
Employee;

Page 43 of 78


|°

|=

|?

\m

fe

Fa

co-76-18

requested, that the NNGRO conduct an
investigation.

Within thirty (30) calendar days of such written
request, the NNGRO shall inform the patron and the
Gaming Facility Operator of its determination in
writing, by certified mail, return receipt
requested, regarding the patron’s request.

If the patron objects to the determination of the
NNGRO, the patron may appeal the determination of
the NNGRO by sending to the Executive Director, by
certified mail, return receipt requested, a
written notice of appeal within thirty (30)
calendar days of the date the patron received the
NNGRO’s written determination. The notice of
appeal shall clearly state the reason(s) why the
patron contests the determination.

Upon receipt of the notice of appeal, the NNGRO
shall notify the Appeals Hearing Officer to
schedule a hearing to be conducted within thirt

(30) calendar days of the NNGRO’s receipt of the
patron’s notice of appeal. Written notice of the
time, date, and place of the hearing shall _ be
delivered, by certified mail, return receipt
requested, to the patron no later than fifteen (15

calendar days prior to the scheduled date of the

hearing.

The patron, at the patron’s own expense, and the
NNGRO may be represented by legal counsel at the
appeal hearing. The patron and the NNGRO may
present witnesses and relevant evidence and cross
examine witnesses presented by the opposing side.
All matters presented at the appeal hearing shall
be limited to the scope of the NNGRO’s
determination and reasons set forth by the NNGRO
for such determination.

The Appeals Hearing Officer shall issue a written
decision to both parties, by certified mail, return
receipt requested, no later than ten (10) working
days after the date of the appeal hearing. The
decision of the Appeals Hearing Officer shall be
final and conclusive.

The patron may, within sixty (60) calendar days of
receipt of the Appeals Hearing Officer’s written
decision, appeal the decision to the Navajo Nation

Page 68 of 78


co-76-18

§ 2006. 2005. Use of Net Revenues

A. All Net Revenues received by the Nation from all Gaming
Activities shall be utilized according to applicable Navajo
Nation laws and in accordance with the Ne€4 4+—tndt g

Regulatery—Act—IGRA and CFR-—25—its regulations. Gaming
revenues shall not be distributed as per capita payment to
any member or group of the Nation.

B. In accordance with the IGRA, Net Revenues from Gaming
Operations shall be used only for the following purposes:
1. To fund the Nation’s government operations or programs;
2. To provide for the general welfare of the Nation and its

members;

3, To promote the Nation’s economic development;
4, To donate to charitable organizations; or
Se To help fund operations of local government agencies.

§ 2007. [Reserved]
§ 2008. [Reserved]
Subchapter 4. Navajo Nation Gaming Regulatory Office

§ 2009, 2006.Establishment of the Navajo Nation Gaming Regulatory
Office

There is hereby established the Nava} ming—Regubat fee
NNGRO within the Executive Branch of the Navajo Nation Government,
with legislative oversight by the HEeenemie—Resources and
Development Committee of the Navajo Nation Council.7—~and The NNGRO
shall have overall civil regulatory authority over Gaming
Activities within the Nation as specifically provided herein.

§ 2010. 2007.—Personnel

A.  NNGRO_ Personnel. A.—The Nave} ming—Reguiat £4
A Lnaftexs— ch ing—Requiater ££iee"};—NNGRO shall
consist of an Executive Director;—imspect and +
istant a +h taff employees as the Executive
Director shall determine are required from time to time.;
biect to funds ided by the M Nati 1
5 far gp 5 #: =:
i. Ne-empl £-£h mingRegquiet ££4 —s
ar & pl ab ming Lit 2 tox;
BR B diet famit OTRAS: ployed—s
E it +
) i=

Page 13 of 78


CcOo-76-18

Th i R Tat £E4 b ats a bh
a g-Reg ey -O£fice-mayberegulation pr
&

+h £ jt og

apprepet

§ 2063.—-2033~ License Terms; Renewal

Except as may be required by a Compact or NNGRO regulations, Beach
gaming—Facility License issued to the NNGE by the Gaming
Regulatery_Office—NNGRO shall be for a term of two (2) years.
Such license may be renewed for subsequent th¥ee-year two (2) year
terms upon proper application on forms specified by the Gaming
Regulatory Offiee-NNGRO. Facility Licenses for any Gaming Facility
Operator other than NNGE shall be for an appropriate term under
the circumstances, to be determined by the NNGRO, provided that
such term shall not exceed one (1) year.

§ 2064. Facility Inspection

The NNGRO shall, in cooperation with the Licensee and no less than
annually, cause detailed inspections to be made of each Gaming
Facility licensed under the provisions of this Ordinance, to
assure that such facility is being operated in accordance with
the terms of the license and of the provisions of this Ordinance,
the IGRA, and the Compacts.

§ 2065. [Reserved]

§ 2066. [Reserved]

Subchapter 13. [Reserved]—Gaming—Operation
§ 2067. [Reserved]
§ 2068. [Reserved]

§ 2069. [Reserved]

Subchapter 14. 412,—Faeility—insp teas mj—Notices of Violation of

License Requirements;—Cempi +s;—Judiecial Review
Dh + R Lat ££4 bal} a +h +h} a +
aning—Reguiater 7
h 6th +4 it bald ted; detaited
& te-b a £ b od ite 1 a dex-th
i= g he
£ thi a + that Hh fseility 4
i. 7 +
b tad + val jth +h + fh 14 <a £
g—operated—in +dan +th—th ems—of—the—Liecen
the -previsiensof this dedinanceand the Aet+

§ 2070.—2035.Notice of Violation of License Requirements

A. The Executive Director of the Gaming-Regulatery Office-NNGRO
shall issue a notice of violation to any person—oz entity

who has been determined by the ingRegui ££4 NNGRO

Page 55 of 78


CcO-76-18

ed auri 3 A Pacilit
EVE pete I g ¥
bust + + that standard a $ t
ss qiiremen
iazad to—N. Meset gz A peatd +
quivaten Nt Mexi =
i A hibited £ he
ae ming nterpet £ g
4 + £ + ist 4
PB HESK—SE $ 7
inetudd tats = AED: i d—oth
+n arg T 72 Ree
dd heel £ +
7 e *
} + i hibited £ ait
& g iss iz at a neding—cx
b om tou 4 ie + ‘
ss g cass £rom—i patrens;
a tet hadi—b posted # tect 4 a
Let hand. A $
mechanical _gaming—d +
ie-tell Wd A Pacitit i
a6, Avtemati ties ise
hall. a that +h i + =
PECG sa
asi aby Mest + Epe indents —£—
AFDC recipier fer
44 Bach—elect i Jeet teal i i
+ + romechanicat _gaming—d
+ th A Faciiit halt +
4
e
+ ss
intexieated + th i Paeibit
a ieated per & he—GamingFaecitity:
44 : Faciiit 4 that di 4
g e PCRS; thy =
deliver alechelie b hall attend aleshel
4 3 immed to—-th 3 ided—£.
ducatien—et imiter i = d_fer
in the MN Mesed eae Control Bet
in-the-h Mt biques is i Act
45 $ Facilit + halt b a intad
+ aming—Faeidt perater rati—s ia
in-li Liabitiey 4 44 that wiht id
& ise Fre iii—s+ T

Page 61 of 78


co-76-18

experience in gaming management and/or regulation; or
the contract shall require the Executive Director to
have a master’s degree in business administration or
related field and at least four (4) years of experience

in gaming management and/or regulation.

z + hak + a +h thesit a isd £
Insp re—autherity—ar ss

the 4 D4 + t + hati +h teh

the: tt + B Re he—righ

A + Facitit £ +4 d@—shal}
ASP g 44 at

immediat a tricted + ey—and-—alil—ar £-a

Gaming License and Background Investigation. Every employee
of the NNGRO, including the Executive Director, shall have a
background investigation conducted and obtain a_ gaming
license prior to employment. The NNGRO shall promulgate
regulations consistent with this Ordinance, the IGRA, and
the Compacts to govern the licensing of NNGRO employees.

Th bael a £ 3 r + ath
g £ ¥ mpi 7 iz 7
rod + B + £ th ‘ R Lat ££4 Heli 6
E. g guiater £
4 tad by th Mat \ Rp 1 + as
oes ig ab 2 * ASUE
1443 pari £ 4 th R dat
€ ieon—for mpleyn g g ¥
££4 ind -£, +h gE 4 De + b bal} 6
£ 2 Dix £7
bieck + + 2907 hall 5 3 ab
ab} 7 hrati—s: mpley
£h j R Lat ££ the Nation! p
aming g + Personnel
D + & det that hb .
Departmer is +
_—_ H peen nyieted—ef—any_fel th the—past 19
A fe .
s s Tr T
j 1 a én ded uy
2- Ha gly provided—mat 1
+t fa} tof, £ +4 h4
important a tat +en—oen—At +
3 Lieat
hex—licer SE +
a by :
3+ Has—been—det £ res wh: prior
bigit iminal a-—i:f tat
ieies;—erim 7 $7 ¥—reputation;
habit iatiens—p +h t—to—th —_
ine + both £foets xeguk a trol of
‘ + h the-d £
gaming; & anges
fad =n 1 4 thed a +4
7 TS reo cal T
th duet of i +h i f th
ss Ss g g 1e-eareying
a-£3 iat te incidental th &
and-£in g ineider
Conflicts.
1. No employee or independent contractor of the NNGRO
shall:
a. Be simultaneously employed or contracted by any

Gaming Facility Operator or in a Gaming Facility;

Page 15 of 78


Cco-76-18

RESOLUTION OF THE
NAVAJO NATION COUNCIL

23rd NAVAJO NATION COUNCIL -- Fourth Year, 2018
AN ACT

RELATING TO LAW AND - ORDER, RESOURCES AND DEVELOPMENT,
NAABIK’ IYATI’ COMMITTEES; ADOPTING “THE NAVAJO GAMING ORDINANCE
AMENDMENT ACT OF 2018” AMENDING 5 N.N.C. § 2001 ET SEQ. ,NAVAJO
GAMING ORDINANCE

BE IT ENACTED:
SECTION ONE. AUTHORITY

A. The Navajo Nation Council established the Law and Order
Committee (LOC) as a Navajo Nation standing committee; and
empowered LOC to review and make recommendations to the
Navajo Nation Council on proposed Navajo Nation Code
amendments and enactments and empowered LOC with oversight
authority over the Navajo Nation Labor Commission, pursuant
to 2 N.N.C. §§ 164(A) (9), 600(A), 601(B) (14) and (C) (1).

B. The Navajo Nation Council established the Resources and
Development Committee as a Navajo Nation standing committee
that exercises authority over gaming to establish policy,
oversee regulation, grant final approval for the plan of
operation for NNGRO, and review and make recommendations to
the Navajo Nation Council for final approval of resolutions
requiring Navajo Nation Council approval to accomplish the
committee purposes, pursuant to 2 N.N.C. § 500, 501(B) (2) (g),
501(B) (4) (f).

Cc. The Navajo Nation Council established the Naabik’iyati’
Committee as a Navajo Nation standing committee and as such
proposed legislation that requires final action by the Navajo
Nation Council shall be assigned to the Naabik’iyati’
Committee, pursuant to 2 N.N.C. § 164 (A) (9), 7O0(A).

D. The Navajo Nation Council must review and approve enactments
or amendments of positive law, pursuant to 2 N.N.C. § 164(A).

SECTION TWO. FINDINGS

A. On October 16, 2001, the Navajo Nation Council by Resolution
CO-75-01 initially approved the Navajo Gaming Ordinance, and
the Ordinance was submitted to the National Indian Gaming
Commission (hereinafter “NIGC”) for approval.

B. On January 30, 2002, the NIGC disapproved the submitted
Navajo Gaming Ordinance because of deficiencies.

Page 1 of 78


The issuance of a license b

CcoO-76-18

the NNGRO does not create or

imply a right of employment or

continued employment.

Dh 44 +3 £. a— 5 a + R Jat ££ 4
G- Pfhe-app aming—Regule
a +54 + + Pet +4 g—#- +4 at
ein-the Pei garding
£54 + £ d-in the -£ ired-by-th A
rés;—and-in-the form req T
as 5 POR, Past 556 a j hak
pe -Ey Heb PP.
asent—ir iting to—th 4 £—any—infermatt that
b& 1 + +h 4 tat cs! r +
is aming—Reg <5 ¥
i th Li tle back =o
in : 2p i d—_ferm—any—p :
a a all ins +4 btained by th Lat
ar aming—Reg #y
££4 in eh £ i i Jieatd pth }
in—th ue g pp ithremain
fidential a i + ob 1 a th i
7 * is eet g
R Lat ££4 + +h éh éh
Reg ¥ person agen 4
£h mmiess if disel i eired—under—_the—Aet
ithout—th wi faa & as a £
pplicar ASenE; is £
+ th bed £ + Suyvisdieti
hex—b: £ i 3 >
R Tat £e4 bal} i a Lot th
g ¥ £4 Ratt
3 $44 ph bee deciss f£ ¢h ‘
G+ ton—of—th, aing
£44 Fatt titute£ 4 +3 £+the-Gaming
££4 4 1 +4 th th +
application: ¥
£ u i Lod +h $54 Hall
a7—th +
£ h-dental
Bh ‘ Lat ££4 hail lect the fellows :
sing—Reg he—feit g
+4 ith th ‘ £ 4 a-th
hthe—pe Ag SP ne—th wa
of licenses+
H Paeitit + Li
Ay ming = Lieense+
Thitial ieatd foe:
— — n—fee+
Pribal $ Ent ‘
a Gg -Enterprise+
fifty th d-delt (S50 009+—
¥ tar 7 o
M 5. Rp a £ Di +
be 7 +¥ 25+
£4 hundred—deli ($500)
a Annual renewal fee+
Peibal i Pat i
Pei g prise;
ite &h adel ($45,000
fit sat Sit;
Merb B ae £-D4 t
BR Men + # +
; 4 te Th :
Be Gaming g nSe+

Page 36 of 78


Cco-76-18
CERTIFICATION

I, hereby, certify that the foregoing resolution was duly
considered by the Navajo Nation Council at a duly called meeting
in Window Rock, Navajo Nation (Arizona), at which a quorum was
present and that the same was passed by a vote of 14 in favor and
03 opposed, on this 18th day of October 2018.

—— = x
LoRenzo C. Bates, Speaker
23rd Navajo Nation Council

Lon 0-7
Date

Motion: Honorable Kee Allen Begay, Jr.
Second: Honorable Leonard H. Pete

Speaker LoRenzo C. Bates not voting

ACTION BY THE NAVAJO NATION PRESIDENT:

ts, be hereby, sign into law the
foregoing legislation, pursuant to9,
2N.N.C. §1005 (c) (10), on this SA

day of 2018.

ussell Begayé, Presi
Navajo Nation

Qe: Ty hereby, veto the foregoing
legislation, pursuant to 2 N.N.C.
§1005 (c) (11), on this day of

2018 for reason(s)
expressed in the attached letter to
the Speaker

Russell Begaye, President
Navajo Nation

Page 78 of 78


CcO-76-18

The Nation designates the Executive Director to be the agent for
service of any official determination, order or notice of
violation from the NIGC or any State gaming regulatory agency.

§ 2018. [Reserved]
§ 2019. [Reserved]
§ 2020. [Reserved]

Subchapter 5. Navajo Nation Gaming Enterprise

Gam Paecility Op. tor'¢ Li
F ‘Y¥—OP'

a

2021. Gaming Facility and Gaming Facility Operator’s Licenses.

Pursuant to 5 N.N.C. § 1701 et seqg., the NNGE was established
by the Nation to conduct Gaming Operations within the Nation,
and shall obtain a Facility License from the NNGRO, in
accordance with Subchapter 12, before the NNGE may commence
a Gaming Operation.

B. In accordance with applicable requirements under 5 N.N.C.
§ 1707, each appointee for the position of member of the
board of directors of NNGE shall obtain a Gaming Facilit
Operator’s License from the NNGRO.

§-2013.Requi + of Ts

Rach Tribal i Pat j tablished by the—N ig Nat

¥ibat ming—Enterpei +
es duct i 44 ith the + t 1
Ganing—operation within *
diets as Mat4 halt bt z yit
jusisds g—t
toels Ti £ the Cami R Lat £F4 bet th
is Lieen ferom—th amie g
Tribal Ent i £4 £
g—Enterpri Fey ERCP. 2 g
fiaep te Bach iat £ +h itd £ 5 £ the B a
SP ¥ the _pesiticr
£D £ £ bh Teibal j Ent hall bt
= £ g ise ak +A
Pa it boelg Tt +h R Lat
4 4-24 perater g g
££ bef bmi £ th ; t to the M Nat
££4 re—appeintmen
j]£. al
uneil fer app

§ 2014 Standard £ Suitability

Ar feibal g-Enterp Ne—Tribal Gaming Enters hadi
b a id it torts li +h
be-+ ring is tieense—by =} g
R Lat ££ 3 +h R + ££

s ~ I SE ~Y
bigfied that the 7 1 Prt i tablished
Fret he—Ps g 2 4
a a _s 3 £ + doested by-th
fe g 2 plar 5s Josyy—th.
M, So Nat HT
N 4
B B d-of£-Di + _—_N 5, £ the. a of-Pi ters of a
Teibal i Pak tablished by the M So Nat
aming—Enterp. He = 3
jt duet i +4 hall be 3 a
aes a—g g—op hadt
Lit torts 1 b b 1
ng—Fa p Liecer teen +

Page 24 of 78


It is our understanding, though, based on discussions with representatives of the Nation,
that the Nation interprets its ordinance as allowing individually owned gaming as the only
exception to the sole proprietary interest requirement, and that all of IGRA’s and NIGC
regulations’ requirements for individually owned gaming will be followed. We recommend that
the next time the Nation’s ordinance is amended, it include IGRA’s individually owned gaming
requirements. We further strongly recommend that the Nation include the individually owned
gaming requirements within its gaming regulations.

If you have any questions, please feel free to contact me or NIGC Associate General
Counsel Rea Cisneros.

Sincerely,

Mecho. Ay

Michael Hoenig
General Counsel

ce: Paulene T. Thomas, Executive Director, Navajo Nation Gaming Regulatory Office
(email: paulenethomas@navajo-nsn.gov)
Brian Parrish, Interim Chief Executive Officer, Navajo Nation Gaming Enterprise
(email: bparrish@nnge.org)
Doreen McPaul, Attorney General, Navajo Nation Department of Justice
(email: dmcpaul@nndoj.org)


ip

en

|

\>

|e

je

10.

Cco-76-18

Has been convicted of, or forfeited bond upon a charge
of, or pleaded guilty to, forgery, larceny, extortion,
conspiracy to defraud, willful failure to make required
payment or reports to any tribal, state or United States
governmental agency at any level, or filing false
reports therewith, or of any similar offense or offenses
or of bribing or otherwise unlawfully influencing a
public official or employee of a _ tribe, any state of
the United States or of any crime, whether a felony or
misdemeanor, involving any Gaming Activity or physical
harm to individuals or moral turpitude;

Makes misrepresentation of, or fails to disclose, a
material fact to the Nation, the NNGRO, or a state

gaming agency;
Fails to prove, by clear and convincing evidence, that

he, she or it is qualified in accordance with the
provisions of this Section;

Is_ subject to current prosecution or pending charges,
or a _conviction which is under appeal, for any of the
offenses included under Section 2052(A) (4);

Has had a gaming license issued by any state or tribe
in the United States revoked or denied, unless such
revocation or denial is shown to have been made for
reasons unrelated to licensure suitability;

Has demonstrated a willful disregard for compliance with
a gaming regulatory authorit in an jurisdiction,
including suspension, revocation, denial of application
or forfeiture of license;

Has pursued or is pursuing economic gain in an

11.

occupational manner or context which is in violation of
the criminal laws of any state if such pursuit created
probable cause to believe that the participation of such
Person in gaming or related activities would be
detrimental to the proper operation of an authorized
gaming or related activit in the Nation. For the
purposes of this paragraph, occupational manner or
context shall be defined as the systematic planning,
administration, management or execution of any activit

for financial gain;
Is_a_ career offender or member of a career offender

organization or an associate of a career offender or
career offender organization in such a manner which
creates probable cause to believe that the association

Page 48 of 78


CO-76-18

B. Publicly traded companies;

Cc. Providers of training services;

De Providers of travel services;

E. Automobile dealerships;

Fe Companies, including financial sources, regulated or
licensed by the federal, state, or Nation governments;
and

Ge Any other Vendors that are exempt or excepted from
licensing requirements under the applicable Compact(s).

§ 2035. [Reserved]
§ 2036. [Reserved]
Subchapter 9. Standards of Suitability—hi Applieati

Preeedures

§ 2037. Standards of Suitability

A.

|?

Individuals. No Person shall be issued a license or have his

or her license renewed under this Subchapter if the NNGRO

determines that such Person:

lL
2.

jy

is

Has been convicted of any felony or gaming offense;

Has knowingly and willfully provided materially
important false statements or information on his or her
license application;

Has been determined to be a Person whose prior
activities, criminal record if any, or reputation,
habits, and associations pose a threat to the public
interest or to the effective regulation and control of
gaming, or create or enhance the dangers of unsuitable,
unfair, or illegal practices, methods, and activities
in the conduct of gaming or carrying on of the business
and financial arrangements incidental hereto; or

Will have a conflict of interest or a potential conflict
of interest if licensed. Any Public Official or Public
Employee of the Nation shall be deemed to have a
conflict of interest.

Corporations, Partnerships, and Other Entities.

No corporation, partnership, or other entity shall be
issued a license or have its license renewed under this
Subchapter unless the NNGRO is satisfied that such
corporation, partnership or other entity:

Page 32 of 78


|=

\>

\>

|r

ise

10.

CO-76-18

each period of residence listed under Paragraph (D) (2)
of this Section;

Current business and residential telephone numbers, and
all cell phone numbers;

A description of any existing and previous business
relationships with other tribes, including any
ownership interests in those businesses;

A description of any existing and previous business
relationships with the gaming industry generall
including ownership interests in those businesses;

The name and address of any licensing or regulator
agency with which the Person has filed _an application
for a license or permit related to gaming, whether or
not such license or permit was granted;

For each felon for which there is an ongoing
prosecution or a conviction, the charge, the name and
address of the court involved, and the date of
disposition, if any;

For each misdemeanor conviction or ongoing misdemeanor
prosecution (excluding minor traffic violations) within
ten (10) years of the date of the application, the name
and address of the court involved and the date of
disposition, if any;

For each criminal charge (excluding minor traffic

11.

charges), whether or not there is a conviction, if such
criminal charge is within ten (10) years of the date of
the application, and is not otherwise listed pursuant
to Paragraphs (D) (8) or (D)(9) of this Section, the
criminal charge, the name and address of the court
involved, and the date of disposition, if any;

The name and address of any licensing or regulatory

12.

agency with which the Person has filed an application
for an occupational license or permit, whether or not
such license or permit was granted;

A current photograph;

13.

Any other information the NNGRO deems relevant; and

14.

Fingerprints obtained in accordance with procedures

adopted by the NNGRO.

Page 41 of 78


£34 i714 1 +d +h +4
nf 7 g 7 7
in th duct o£ i th
in—th * gaming he
busd a3 ial ig tth
vangements—ineid +
ee
# flict of int t ‘ i +
4- #4 2 tal fex-a-een
f-int + 4 i 5h £64
ae Ss ] ) * a4
ib 4 1 £§ the Nati ball a at
publie—empt
fliet—of—interest+
4 Part hi a 6th p +3
porations;—P nerships;
N 4 nd b
Le ien;—partnership;—ex
; a M te Th bh 3 a
+osu g g iiecense- a
by th j R z ££4 3 th R
1 arming Rt = g ¥
£e4 4 feo find that 4 4 + ha
fied—tha eh: +p 7
r books a+ + a
as g g anding—und
4 bh & tabi ;
de—busi jth th
ial dit hb
Pood = 7
es a—h —- + — £4
ee ics £4
ph et = £ 4 + a + +4 b
* ws YL ~
teibal fed 1, tat 3 £ +
vibal; £ +
thors £Ei daeit ‘
rerity,—as—shewn by—ar 2
£ th ieats i 4
€ ing £ ker
H tablished tat £4 3
ae a 2 = £
te te ab. a #4
grity—an oF: 7
een +4 ath 4
g ¥ emed;—the 2
h A 4 i pto £ 4 i arc
having-any-s reluding-per
Ls ks : Letad
pptying—finaneing; € be
14 ao —individuaell th £
d—individuelly
y tablished that 4
er at—any—p g
khe € 4 ‘ 7
tHE P Pe
+ +4 ; + Publi ££4
egant Joti ££4
Empl £ the Nation; a
Empi
z ua th t 4 6 Liabl a
& be PS ie a
+ + = a yh } 3
vad Be ¢ g
Aetivitd ithin the Nation 4 in th +
es + £ th aNd —s —

Page 27 of 78


co-76-18

expenses and non-operating expenses consistent with
professional accounting pronouncements, excluding management
fees.

HH. “NIGC”’ means the National Indian Gaming Commission
established pursuant to 25 U.S.C. § 2704.

II. “NNGRO” means the Navajo Nation Gaming Regulatory Office.

JJ.¥-—“Office of the Attorney General” means the Office of the
Attorney General of the Navajo Nation.

KK.#.—“Person” includes a corporation, company, partnership, firm,
association or society as well as a natural person. When
“person” is used to designate the violator or offender of
any law, it includes a corporation, company, partnership,
firm, association, or society of persons.

LL.AA- “Primary Management Official” means the person having
management responsibility under a Management Contract; oF
any person who has authority to hire and fire employees, or
to set up working policy for the a Gaming Operation,+7—or the
chief financial officer or other person who has financial
management responsibility fex—a wing—op tien; or any
other Person designated by the Nation or NNGRO as a Primary
Management Official.

MM.BB+ “Principal” means with respect to any entity:

1. A director;—Bach—s# it ££4 ads + :
2. An officer;

3.2,-EBach- ef its-A principal management employees, including
any chief executive officer, chief financial officer,
chief operating officer, or general manager;

4.3,—Bach of i+ AEE part An owner or partner, if
an unincorporated business;

5.4,Baeh ofit # hoted B A shareholder who owns
more than £ive-ten percent (510%) of the shares of the
corporation;—and

6.5.—Baeh-pexsen-A Person other than a banking institution
who has provided financing for the entity constituting
more than £+¥ve-ten percent (510%) of the entity; and

7.4,-Bach of the beneficiari A beneficiary or trustee
of a trust.

NN.€G+ “Privacy Act” means the Privacy Act of 1974, as amended
(P.L. 93-579, as amended; 5 U.S.C. § 552(a)), and the

Page 11 of 78


Gaming Activity.—Ne-per dext8-¥ £-age—shelt-b. ployed
eS 3 Faeitit + bye i R Lat fF
Ss Ba YL Ss =) ~

Neither a Gaming Facility Operator nor NNGRO shall employ an
Person under the minimum _age set forth in the IGRA and the
applicable Compact(s). The ing Reguibat £E4 NNGRO shall
by regulation establish measures by which Licensees shall enforce
the provisions of this Section.

2044—Mi ement—Se Lt:
* oJ Z
A Th i Faeitit +t bali bh th ibidit
* Ss ia =~
£ th it 4 + 2 it f£ £h
£ : peration,;—_management—an #i £—th
+ and Lit a katt 1 pth 44 + + £
aming—Fecitity,—an he: mply <s
$b a4 qth Aek Ph + anu ———— +
* Ss Pa

halt dest inal a bok
e

£
ab + tjhad 4 4 43 4
neourageadheren, preseribed managerial policies.
Th + £ +4 + 1 wK51} ts al £
Be yeten nting—eor provid pt
Laat dad ot £ a a ds—that
S 4
4 & 61 thatthe £61}
411 seem sea ¥ g
154 +4 71} b +
bjectt iil be maintained:
£ 4 +
Lk afeguarding-—ofa ;
‘ ‘ 4
2, Reliability ef finaneial ;
3. tien £ sansactien——ir ith
7 4 es thorisations
managemen genera 2 ;

Page 63 of 78


Cco-76-18

is of such a nature as _ to be detrimental to the proper
operation of the authorized gaming or related activities
in the Nation. For the purposes of this paragraph,
career offender shall be defined as any Person whose
behavior is pursued in an occupational manner or context
for the purposes of economic gain utilizing such methods
as are deemed criminal violations of tribal law, federal
law_or state law. A career offender organization shall
be defined as any group of Persons who operate together
as career offenders;

12. Is _a Person whose prior activities, criminal record, if
any, reputation, habits and associations pose a threat
to the public interest of the Nation or a state or to
the effective regulation and control of gaming, or
creates or enhances the dangers of unsuitable, unfair
or illegal practices, methods and activities in the
conduct of gaming, or the carrying on of the business
and financial arrangements incidental thereto; or

13. Fails to provide any information requested by the NNGRO
within fourteen (14) working days of the request for
the information.

\2

Revocation, Suspension or Denial of License. The NNGRO shall
notify an applicant or Licensee and the applicable Gaming
Facility Operator in writing of its determination to revoke
or suspend a License or deny an application for a License.
Such _a_ decision shall specify the reason, including the
applicable grounds from subsection A of this Section, for
such denial. An applicant may appeal any adverse licensing
decision pursuant to Subchapter 11. No applicant or Licensee
may appeal any adverse licensing decision to the Office of
Navajo Labor Relations, Navajo Nation Labor Commission, an
non-Nation administrative body, or any court.

i

Summary Suspension of License. The NNGRO, pursuant to the
laws and regulations of the Nation, may summarily suspend
any License if the continued licensing of a Person
constitutes an immediate threat _to the public health, safety
or welfare.

§ 2053. Records Retention

The NNGRO shall retain, for no less than three (3) years from the
date a Primary Management Official or Key Employee is terminated
from employment with the Nation, the following documentation:

A. Applications for licensing;

Page 49 of 78


CO-76-18

shall state the grounds therefore and the terms and conditions
thereof.

§ 2058. [Reserved]
§ 2059. [Reserved]

Subchapter 12. 41-—-Gaming—Facility License
§ 2060.—2029.—Requirement of License

A. The NNGRO shall issue a_separate license to each place,
facility or location on Indian Lands where Gaming Activity
is conducted under this Ordinance.

B. The NNGRO is responsible for issuing new or renewed Facilit
Licenses to each place, facility or location.

Cc. No Person ex—entity may commence any Gaming Activities

subject to regulation hereunder at any facility or location
within the Nation until such facility or location has
received a Gaming Facility License under the provisions of
this Ordinance—Subehapter, nor shall any person ex—entity
offer any new or different Gaming Activities, as defined by
regulations to be issued by the ing—Regubeter £E4
NNGRO, at any facility or location that is already licensed,
without first obtaining an amended license for such new and
different Gaming Activities from the ingRequiatery Cft
NNGRO.

§ 2061.-2030.—-Standards for Issuance of License

The ing—Requlatery £2 NNGRO shall not issue a Gaming
Facility License for any facility or location at which Gaming
Activities are to be offered within the Nation unless the Gaming
Facility meets the following requirements:

A. The physical facility within which the Gaming Activities are
to be conducted is constructed, maintained and operated in a
manner that adequately protects the environment and the
public health and safety;

B. The Gaming Activities to be conducted within the facility
will lawfully be carried on by the—Netien prospective
Licensee under the Aet—IGRA, and that the facilities are
appropriate to the carrying on of such activities;

Cc. The Gaming—Facility—Operater—prospective Licensee will
adequately staff and equip the facility to ensure the safety,

comfort and convenience of the patrons thereof, and that the
ing—Facility perater—prospective Licensee has taken
adequate measures to provide for traffic, emergency service

Page 51 of 78


|p

Ne-€ j £ th Regulat ££ halt
raph gReguiater
b 3 ab i Pacilit + th
& pley a—caming 2 ithin—si
th £4 3 + of-th i Regubat
month g i + £—th g g
x 4 £ th Regubat ££ haii—b
N mploy g—Reguta
j ab held —4 41 indd +} £4 3
pt 1 U adie 7
+ +4 + eit 4
= in g met hich;
a hk texred_inte—a_Manag + tract—with—eh
Nati Facilit &
gFacitity oper 3
by is-e-distributer;
a ‘
er Pp gaming +
id £4 i tothe Nati i
ad p finaneing a—Gaming
Paeilit € £ £ ducti
i caida Peer )
i €4 tthin—theNatd
g g-OP hin-the—

Executive Director.

|S

wW

Term. B+ The Executive Director of the Gaming Regulatory
9££tee—NNGRO shall be retained by contract by the

President of the Naveje—Nation, such contract being
approved by the Navajo Nation Council for a four (4)
year term, and such contract being executed by the
President. The job performance of the Executive Director
shall be reviewed periodically by the President who
shall submit a written report of each such review to
the Speaker of the Navajo Nation Council. The Executive
Director of the ingRegulatex ££4 NNGRO shall be
removable only for breach of contract.

Character. €:—The Executive Director shall be a person
of the utmost honesty and integrity, shall not have been
convicted of a felony or a misdemeanor involving theft,
embezzlement or a crime involving moral turpitude, whose
prior activities, reputation, habits and associations
shall not pose a threat to the public interest or to
the effective regulation of gaming, or create or enhance
the dangers of unsuitable, unfair, or illegal practices
and methods and activities in the conduct of gaming.

Qualifications. B+—fh neract £— +h = 4
Di ' Radi —requs the F wed D4 + te be th
Matioents desi ted t £ i £ ffi cial
N ss g evi

i j a ‘ f-th Lect
determinat 7 ¥x—net + faite =—The

contract shall further require the Executive Director
to have a bachelor’s degree in business administration
or related field and at least six (6) years of

Page 14 of 78