NATIONAL 

l N DIAN 

GAMING 

COMMISSION 

APR i 1 199.4 

Wayne H. Bladh, Esq. 

Nordhaus, Haltom, Taylor, Taradash & Frye 

200 W. DeVargas, Suite 9 

Santa Fe, New Mexico 87501 

Dear Mr. Bladh: 

This letter responds to your request to review and approve the 

tribal gaming ordinance adopted by the Jicarilla Apache Tribe' 

(Tribe) on March 24, 1994. This letter constitutes such approval 

under the Indian ~adng Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian ~aming 

Commission (NIGC), the Chairman is directed to review ordinances' 

with respect to the requirements of the IGRA and the implementing 

regulations. Thus, the scope of the Chairman's review and 

approval is limited to the requirements of the IGRA and the NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, such 

approval does not constitute approval of specific games. 

It is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming,\ordinance, the 

Tribe is now required to conduct background investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed application for each key employee and 

primary management official pursuant to 25 C.F.R. § 556.5(a) and 

an investigative report on each background investigation before 

issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. § 556.5(b). Please note that the 

NIGC cannot process any fingerprint cards until the Tribe submits 

I 

a Memorandum of Understanding to the NIGC. 

Thank you for-submitting the ordinance of the Jicarilla Apache 

Tribe for review and approval. The NIGC staff and I look forward 

to working with you and the Tribe in implementing the IGRA. 

sincerely yours, 

Anthony J. Hope 

Chairman - . .. 

cc: Derril B. Jordan, Esq. 

1850 M STREET. N.W.. SUITE 250 WASHINGTON. D.C. 20036 TEL.: 202-632-7003 .FAX: 202-632.7066 
P.O. BOX 507 OULCE. NEW MEXICO 87528 

(505) 759-3242 

ORDINANCE OF THE TRIBAL COUNCIL 

Ordinance No. 94-0-384-3 

Re: Gaming Regulation 

WHEREAS, the inherent powers of the Jicarilla Apache Tribe are vested in the 

Jicarilla Apache Tribal Council pursuant to Article XI, Section 1 of the Revised 

Constitution of the Jicarilla Apache Tribe; and 

WHEREAS, the Jicarilla Apache Tribal Council is authorized by Article XI, 

Section 1 of the Revised Constitution of the Jicarilla Apache Tribe to enact 

ordinances to promote the health and general welfare of the people of the Jicarilla 

Apache Reservation; and 

WHEREAS, the Tribal Council has the power to authorize and regulate 

subordinate organizations for economic and other purposes; and 

WHEREAS, the Jicarilla Apache Tribe has the inherent authority to authorize 

and regulate gaming activities on Tribal lands, subject to applicable federa1 laws; and 

WHEREAS, the Tribal Council finds that it is in the best interest of the Tribe 

to enact a gaming ordinance to authorize and regulate gaming on Tribal lands 

consistent with applicable federal laws. 

NOW, THEREFORE, BE IT ORDAINED that the Tribal Council of the 

Jicarilla Apache Tribe hereby adopts the following ordinance to be codified as Title 

18, Chapter 5 of the Jicarilla Apache Tribal Code: 
THE JlCARlLLA APACHE TRIBE //// /I//( 

P 0 .BOX 507 DULCE . NEW MEXICO 87528 \\\\\ \'\ \\ 

(505) 759-3242 

JICARILLA APACHE GAMING ORDINANCE 

TABLE OF CONTENTS 

Page 

SECTION 1 . DEFINITIONS .............................. 1 

SECTION 2 . PURPOSE ................................. 5 

SECTION 3 . NATURE AND SCOPE OF GAMING ACTIVITIES ...... 5 

(a) Authorized Gaming Activities ...................... 5 

(b) Forms of Payment ............................. 5 

(c) Wagering Limitations ........................... 5 

(d) Hours of Operation ............................ 5 

(e) Prohibition on Minors ........................... 5 

SECTION 4 . COMPLIANCE WITH THE ACT .................. 5 

Proprietary Interest ............................ 6 

Use of Net Revenues ........................... 6 

Annual Audit ................................ 6 

Public Safety Standards .......................... 7 

Licensing Requirements ......................... 7 

Licensing Procedures ........................... 8 

Background Investigations of Key Employees and 

Primary Management Officials ..................... 13 

Granting of License to Key Employees and Primary 

Management Officials ........................... 15 

Granting of All Other Licenses .................... 16 

Licenses Required ............................. 16 

License Denials ............................... 16 

Duration and Renewal of Tribal Licenses .............. 17 

Identification Cards ............................ 17 

Fees for Licensing ............................. 17 

Licensure of Existing Gaming Operations and Employees ..... 18 

Record Retention ............................. 18 
SECTION 5 . STANDARDS OF OPERATION AND MANAGEMENT ... 

(a) Class 111 Gaming .............................. (b) Class I1 Gaming .............................. 

SECTION 6 . MANAGEMENT CONTRACTS ................... 

. (a) Requirement for Review and Appeal ................. (b) Required Provisions ............................ 

SECTION 7 . TRIBAL GAMING BOARD ...................... 

Establishment of the Board. Appointment; Term .......... Compensation ....... .. ........................ Removal ................................... Vacancies ................................... Qualifications ................................ Powers and Duties of the Board .................... Hearings ................................... Director ................................... Procedures of the Board ......................... 

SECTION 8 . PROHIBITED ACTS .......................... 

SECTION9 . PENALTIES ............................... 

SECTION 10 . TRIBAL COURT JURISDICTION ................. 

SECTION 11 . SEVERABILITY ............................ 

SECTION 12 . EFFECT OF HEADINGS ....................... 

SECTION 13 . LIBERAL INTERPRETATION ................... 

SECTION 14 . SOVEREIGN IMMUNITY ...................... 

SECI'ION 15 . AMENDMENTS ............................ 

CERTIFICATION ..................................... 
SECTION 1. DEFINITIONS. For purposes of this ordinance: 

(a) "Act" means the Indian Gaming Regulatory Act, Pub.L. No. 100-497,25 

U.S.C. 00 2701 et seq., and applicable regulations promulgated under the Act. 

(b) "Board" means the Jicarilla Apache Gaming Board established by this 

ordinance. 

(c) "President" means the President of the Jicarilla Apache Tribe. 

(d) "Chairman of the Board" means the Chairman of the Jicarilla Apache 

Gaming Board established by the ordinance. 

(e) "Class I gaming" means class I gaming as defined in the Act. 

(f) "Class I1 gaming" means class I1 gaming as defined in the Act. 

(g) "Class I11 gaming" means class 111 gaming as defined in the Act. 

(h) 'Commission" means the National Indian Gaming Commission 

established under the Act. 

(i) "Compact" means any Tribal-State Gaming Compact between the Tribe 

and the State governing class I11 gaming. 

(j) "Council" means the Jicarilla Apache Tribal Council, the governing body 

of the Jicarilla Apache Tribe, duly elected in accordance with the Constitution of the 

Jicarilla Apache Tribe. 

(k) "Electronic game of chance" means a microprocessor-controlled 

electronic device that allows a player to play games of chance, some of which are 

affected by skill, which device is activated by the insertion of a token, coin or 

currency, or by the use of a credit, and which awards game credits, cash, tokens, or 

replays, or a written statement of the player's accumulated credits, which written 

statements are redeemable for cash. Game play may be displayed by video facsimile 

1 
[SECTION l(k), continued] 

or mechanical rotating reels whereby the software of the device predetermines the 

stop positions and the presence, or lack thereof, of a winning combination and payout, if any. 

(1) 'Key employees" means any natural person employed by a gaming 

operation or management contractor and 

(1) who performs one or more of the following functions: 

(i) Bingo caller; 

(ii) Counting room supervisor; 

(iii) Chief of security; 

(iv) Custodian of gaming supplies or cash; 

(v) Floor manager; 

(vi) Pit boss; 

(vii) Dealer; 

(viii) Croupier; 

(ix) Custodian of gambling devices including persons with 

access to cash and accounting records within such devices; 

(2) If not otherwise included, any other person whose total cash 

compensation is in excess of $50,000 per year; or 

(3) If not otherwise included, the four most highly compensated 

persons in the gaming operation. 

(m) "Gaming device" or "gaming equipment" means any equipment or 

mechanical, electromechanical, or electronic contrivance, component, or machine used 

remotely or directly in connection with gaming. 

2 
[SECTION l(n)] 

(n) "Gaming facility" means the building, or room in which class 11, or class 

I11 gaming is conducted on Tribal lands. 

(0) "Gaming operation" means an enterprise owned by the Tribe for the 

conduct of class I1 or class I11 gaming in any gaming facility on Tribal lands. 

(p) "Gaming services" means the providing of any goods, services or 

concessions by contract to the Tribal gaming operation, or management contractor in 

connection with the operation of gaming in a gaming facility in an amount in excess 

of $10,000 monthly, except for professional, legal or accounting services. No contract 

may be broken up into parts for the purpose of avoiding this definition and any 

requirement of licensure or certification. 

(q) ''Net revenues" means gross revenues of gaming activity less amounts paid 

out as, or paid for, prizes and total gaming related operating expenses, but excluding 

management fees paid to a management contractor. Operating expenses include but 

are not limited to annual fees paid to the Commission, utilities costs, insurance costs, 

advertising costs, labor and other personnel costs attributable to gaming, repair costs, 

maintenance costs, costs of supplies, security services costs, janitorial services costs, 

trash removal costs, taxes, rent, travel costs related to the gaming operation, lawyers' 

and accountants' fees, fees paid to independent auditors, and such other deductions 

or charges as may be specifically authorized hereunder. 

(r) "Ordinance" means this Jicarilla Apache Gaming Ordinance. 

(s) ''Person" means any individual, partnership, corporation, company or 

other legal entity. 
[SECTION l(t)] 

(t) "'Primary management official" means 

(1) The person having primary responsibility for a management 

contract in that he/she is designated by the management contract as having 

management responsibility for the gaming operation or a portion thereof; 

(2) Any person who has authority: 

(i) To hire and fire employees; 

(ii) To set up working policy for the gaming operation; or 

(iii) The chief financial officer or other person who has 

financial management responsibility. 

(u) "Secretary" means the Secretary of the Interior or his duly authorized 

representative. 

(v) "State" means the State of New Mexico, its authorized officials, agents 

and representatives. 

(w) "Tribe" means the Jicarilla Apache Tribe, its authorized officials, agents 

and representatives. 

(x) "Tribal Court" means the Jicarilla Apache Tribal Court. 

(y) "Tribal lands" means all lands within the exterior boundaries of the 

Jicarilla Apache Reservation and any lands title to which is either held in trust by the 

United States for the benefit of the Tribe or held by the Tribe subject to restriction 

by the United States against alienation and over which the Tribe exercises 

governmental power. 
SECTION 2. PURPOSE. The purpose of this ordinance is to make lawful and 

to regulate the operation, conduct, and playing of games of chance on Tribal lands, 

to produce revenue to fund tribal governmental operations and programs, to promote 

the health, education, and welfare of the Jicarilla Apache Tribe and its members, to 

promote tribal economic development, and to fund other lawful activities. 

SECTION 3. NATURE AND SCOPE OF GAMING ACTIVITIES. 

(a) Authorized Gaming Activities. A gaming operation may operate in its 

gaming facility only those forms of gaming authorized by the license issued by the 

Board. 

(b) Forms of Payment. All payment for wagers made in gaming conducted 

by the gaming operation shall be made by cash, chips, or tokens. The gaming 

operation shall not extend credit. Chips or tokens may be purchased using cash or 

checks. 

(c) Wagering Limitations. The Board shall set by regulation the maximum 

wager for each class and form of gaming conducted pursuant to a license. 

(d) Hours of Oweration. A gaming operation may operate its gaming 

activities only during the hours and days approved by the Board. 

(e) Prohibition on Minors. No person under the age of 18 shall participate 

in any gaming; however, minors may be employed in food, beverage (non-alcoholic), 

maintenance and service of a gaming operation. 

SECTION 4. COMPLIANCE WITH THE ACT. This ordinance shall be 

construed in a manner that conforms to the Act in all respects, and, if inconsistent 

with the Act in any manner, the provisions of the Act shall govern. 
[SECTION 4(a)] 

(a) Proprietary Interest. The Tribe shall have the sole proprietary interest 

in and responsibility for the conduct of any class 11 or class I11 gaming on ~ribal 

lands; however, nothing herein shall prevent the Tribe from entering into a 

management contract for the operation and management of any gaming activity. 

(b) Use of Net Revenues. Net revenues from any class I1 or class 111 

gaming shall be used exclusively for one or more of the following purposes: 

(1) to fund tribal government operations or programs; 

(2) to provide for the general welfare of the Tribe and its members; 

(3) to promote tribal economic development; 

(4) to donate to charitable organizations; 

(5) to help fund operations of local government agencies; 

(6) to make per capita payments to members of the Tribe to the 

extent provided in a plan approved by the Secretary pursuant to 25 U.S.C. $ 

2710(b)(3); or 

(7) any other purposes permitted under the Act. 

(c) Annual Audit. Any gaming operation shall be subject to an annual 

audit by independent certified public accountants selected by the Board. Copies of 

the annual audit shall be sent to the Commission within 120 days after the end of 

each fiscal year of the gaming operation. All gaming related contracts that result in 

purchases of supplies, services, or concessions for more than $25,000 in any year 

(except contracts for professional legal or accounting services) shall be included within 

the scope of the annual audit. 
[SECTION 4(d)] 

(d) Public Safety Standards. All gaming facilities shall be constructed, 

maintained and operated in a manner that adequately protects the environment and 

the public health and safety and complies with all applicable health, safety and 

environmental standards imposed by federal or tribal law. 

(e) Licensiny Requirements. Each of the following entities and individuals 

shall be required to have and display prominently, or display upon request, an 

appropriate, valid, and current Jicarilla Apache Gaming license issued pursuant to the 

provisions of this Ordinance. All entities and individuals required to be licensed by 

this Ordinance must be issued a license prior to engaging in any gaming activity 

requiring a license and all gaming devices and equipment must be licensed prior to 

their use in a gaming facility. 

(1) Gaming Ouerations and Facilities. Each place, facility or 

location at which class I1 or class 111 gaming is conducted shall be separately licensed 

by the Board. No license shall be required by class I gaming. 

(2) Personnel. All primary management officials and key employees 

of a class II or class I11 gaming operation shall be licensed by the Board and subject 

to background investigations as provided in this Ordinance. All other employees of 

a class II or class I11 gaming operation shall be licensed by the Board as provided in 

Section 4(f)(3) of this Ordinance. 

(3) Sale or Lease of Gaming Devices. Equiument or Services. Any 

person proposing to sell, lease or otherwise distribute any gaming device or 

equipment or gaming services for use on Tribal lands shall be licensed by the Board 

and subject to background investigations before selling or leasing any such gaming 

device, equipment or services for use on Tribal lands. 

7 
[SECTION 4(e)(4)] 

(4) Gaming Devices and Equiument. Each gaming device, including 

any electronic game of chance, and all gaming equipment shall be licensed by the 

Board and shall be inspected and certified for proper operation at least annually by 

an inspector approved by the Board. 

(f) Licensing Procedures. 

(1) Class I1 or Class I11 Gamine. O~erations and Facilities 

(i) Each applicant for a license for a gaming operation and 

facility shall submit a completed application consisting of a proposed management 

agreement with the Tribe which complies with the requirements of this Ordinance. 

(ii) Each applicant for a license for a gaming facility shall 

submit documentation demonstrating that the facility complies with any and all 

applicable building codes and other applicable public safety, health, and 

environmental laws or regulations. 

(2) Kev Emplovees and Primarv Mana~ernent Officials 

(i) Each person applying for a license as a key employee or 

primary management official shall submit a completed application indicating the type 

of gaming activity (class I1 or class 111 or both) for which the license is sought and any 

other information required by the Board, which information shall include but not be 

limited to the following: 

1) Full name, other names used (oral or written), 

social security number(s), birth date, place of birth, citizenship, gender, all languages 

(spoken or written); 
2) Currently and for the previous five years: business 

and employment positions held, ownership interests in those businesses, business. and 

residence addresses, and drivers license numbers; 

3) The names and current addresses of at least three 

personal references, including one personal reference who was acquainted with the 

applicant during each period of residence listed under paragraph (a)(2) of this 

section; 

4) Current business and residence telephone numbers; 

5) A description of any existing and previous business 

relationships with Indian tribes, including ownership interests in those businesses; 

6) A description of any existing and previous business 

relationships with the gaming industry generally, including ownership interests in those 

businesses; 

7) The name and address of any licensing or 

regulatory 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; 

8) For each felony for which there is an ongoing 

prosecution or a conviction, the charge, the name and address of the court involved, 

and the date and disposition if any; 

9) For each misdemeanor conviction or ongoing 

misdemeanor prosecution (excluding minor traffic violations) within 10 years of the 

date of the application, the name and address of the court involved and the date and 

disposition; 
[SECTION 4(f)(2)(i)-lo)] 

10) For each criminal charge (excluding minor traffic 

charges) whether or not there is a conviction, if such criminal charge is within 10 

years of the date of the application and is not otherwise listed pursuant to paragraph 

8 or 9 of this section, the criminal charge, the name and address of the court involved 

and the date and disposition; 

11) The name and address of any licensing or 

regulatory agency with which the person has filed an application for an occupationallicense or permit, whether or not such license or permit was granted; 

12) A current photograph; 

13) Any other information the Board deems relevant; 

14) Fingerprints taken by the Jicarilla Apache Police 

Department or other law enforcement agency approved by the Board. 

(ii) The application form shall include the Privacy Act notice 

required by 25 C.F.R. § 556.2(a) and the notice concerning false statements required 

by 25 C.F.R. 3 556.3(a). 

(iii) Each applicant shall provide a complete financial 

statement, in the form adopted by the Board, including his or her income for the 

previous five years and the sources of that income as well as all assets and debts of 

the applicant at the time of application The financial statement shall include copies 

of all federal income tax returns filed by the applicant during the previous five years. 

(iv) Each applicant shall provide a complete medical history 

covering the prior ten years, including any treatment for mental or medical disorders, 

drug or alcohol abuse or addition, or any other medical, psychological or mental 
[SECTION 4(f)(2)(iv), continued] 

condition which could affect the applicant's suitability for employment in a gaming 

operation. 

(3) Other Emplovees of Class TI or Class I11 Gaming Ouerations. Each 

person applying for a license as an employee not licensed under Section 4(f)(2) of this 

Ordinance shall submit a completed application providing the information required 

by the Board, which information shall include but not be limited to the following: 

(i) Full name, other names used (oral or written), social 

security number(s), birth date, place of birth, citizenship, gender, residence address, 

drivers license number; 

(ii) Current and prior employment positions held during the 

previous three years; 

(iii) The names and current addresses of at least two personal 

references; 

(iv) A description of any existing and previous relationship 

with the gaming industry; 

(v) The name and address of any licensing or regulatory 

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; and 

(vi) Any other information the Board deems relevant. 

(4) Sale or Lease of Gaming Devices. Equipment or Services. 

(i) The application for any person, organization or entity 

wishing to sell, lease, or otherwise distribute gaming devices, equipment or services 

for use on lands of the Tribe shall contain the following information: 
[SECTION 4(f)(4)(i)-I)] 

1) Full name, other names used (oral or written), 

social security number(s), birth date, place of birth, citizenship, gender, residence and 

business addresses, and drivers license number of the person or entity making the 

application; 

2) The name(s) and residence and business addresses 

of all interested parties (including those with a direct or indirect financial interest) 

and their interest and connection with the applicant; 

3) The type of activity to be engaged in under the 

license; 

4) For each person identified in 1) and 2) above, the 

information concerning any criminal record described in Section 4(f)(2)(i)(8), (9) and 

(10). 

5) The applicant's history of licensure as a distributor 

or manufacturer of gaming devices and/or equipment in any state in which the 

applicant has been or is currently licensed as a valid distributor and/or manufacturer. 

Such history shall include dates that licenses were granted, revoked, or suspended and 

the reasons for any revocation or suspension; 

6) A statement authorizing the Tribe to conduct a 

background investigation of the applicant and any other person identified in 1) or 2) 

above. 

(ii) The application form shall include the Privacy Act notice 

described in 25 C.F.R. 3 556.2(a) and the notice concerning false statements described 

in 25 C.F.R. § 556.3(a). 
[SECTION 4 ( f) (5 11 

(5) Gaming Devices and Eauipment 

(i) In addition to any other license required by this 

Ordinance, the person licensed to operate a gaming device or equipment shall apply 

for an annual non-transferable license for each gaming device or piece of gaming 

equipment to be placed in a gaming operation located on Tribal land. The 

application shall contain the following information: 

: 1) the name and address of the applicant; 

2) identification numbers or codes for each gaming 

device or piece of gaming equipment placed in a gaming facility, including the 

manufacturer, the serial number and model number; 

3) proof of approval and certification of the machine 

by an approved gaming test laboratory or proof that the gaming device or equipment 

conforms precisely to the exact specifications of the gaming device prototype tested 

and approved by the gaming test laboratory; 

4) any other information required by federal law, 

tribal law, or the Board. 

(g) Background Investi ations of Kev Ernplovees and Prirnarv Management 

Officials. Upon receipt of a completed application and the fees required for a license 

under Section 4(f)(2) of this Ordinance, the Board 

(1) will submit all pertinent information to the New Mexico State 

Police and to the National Indian Gaming Commission (Commission) for a thorough 

criminal history check. If the Commission has conducted a background investigation 

of the same individual within the prior six months, the Board may use that 

investigation. The background investigation shall be conducted pursuant to Privacy 
[SECTION 4(g)(l), continued] 

Act procedures set forth at 25 C.F.R. § 515. The identity of each person interviewed 

in the course of the investigation shall be kept confidential by the Board and all 

agents of the Tribe who participate in the investigation. 

(2) shall verify by written or oral communication all information 

submitted by applicants as part of their license application. Particular attention shall 

be given to verification of the following information: existing and previous business 

relationships within the gaming industry; licenses or permits or applications for 

licenses or permits related to the gaming industry: existing and previous business 

relationships with Indian tribes; and all felony and misdemeanor convictions and 

ongoing prosecutions (not otherwise accounted for through the criminal history check 

provided for in Section A above). 

(3) shall interview by written or oral communication at least two (2) 

of the personal references and at least five (5) of the business and employment 

references provided by an applicant. If an applicant has supplied less than five (5) 

business or employment references, all shall be interviewed. 

(4) Upon completion of the necessary background investigation, 

including the verification of application information and the interview of references, 

the Board shall review the applicant's prior activities, criminal record, if any, and 

reputation, habits and associations, to make a finding concerning eligibility for a 

license under the standards established by this Ordinance. 

(5) If the Board determines the applicant is not eligible for 

employment in a gaming operation, the Board shall send the applicant a statement 

setting forth the grounds for denial of the application for license. A copy of such 

statement and the investigative report, if any, shall be sent to the Commission. 

14 
[SECTION 4(g)(6)1 

(6) If the Board determines the applicant is eligible for employment 

in a gaming operation, the Board shall forward a report to the Commission. Such 

report shall include the following: (1) Steps taken in conducting the background 

investigation; (2) results obtained; (3) conclusions reached; (4) the bases for those 

conclusions; (5) a copy of the Board's determination of eligibility for the employment. 

(7) If the Commission requests additional information regarding a 

license applicant pursuant to 25 CFR 9 558.3(c), the Board shall supply the requested 

information to the Commission. 

(h) grant in^ - of License to Kev Em~lovees and Primary Management 

Officials. 

(1) If, within the 30-day period after the Commission received the 

Board's report of eligibility described in Section 4(g)(3) of this Ordinance, as 

determined under 25 C.F.R. 5 558.3(c), the Commission notifies the Board that it has 

no objection to issuance of a license to the person identified in the report, the Board 

may issue the license to the applicant if all requirements of this Ordinance have been 

met. If the Commission requests additional information regarding a license applicant 

pursuant to 25 CFR 5 558.3(c), the running of the 30-day period shall be suspended 

until the Commission receives the requested additional information. 

(2) If, within the 30-day period described in Section 4(h)(l) of this 

Ordinance, the Commission notifies the Board of its objections to issuance of a 

license to the person identified in the report, the Board shall reconsider its 

determination of eligibility for employment, taking into account the objections stated 

by the Commission. After such reconsideration the Board may issue the license to 

the applicant if all requirements of this Ordinance have been met. 

15 
[SECTION 4(i)] 

6) grant in^ of All Other Licenses. With regard to the issuance of all other 

licenses as required by Section 4(e), the Board may issue the license at any time after 

the Board determines the application is complete and all requirements of this 

Ordinance have been met. 

(j) License Reauired. No person shall be employed by a gaming operation 

unless they have first been issued a license by the Board. No vendor of gaming 

devices or gaming equipment or gaming services shall provide such to a gaming 

operation or gaming facility unless a license has been obtained by the vendor. 

(k) License Denials. The Board may not issue a license to any person who: 

(1) has provided materially false or misleading statements to the 

Board and/or the Commission or has omitted material information from his or her 

application, or has refused to respond to all requests by the Board and/or 

Commission for information concerning the applicant's background and activities; 

(2) has not attained the age of twenty-one (21) years; 

(3) is an elected or appointed official of the Tribe; 

(4) has been convicted of any felony, gaming offense, or any 

misdemeanor involving theft or conversion of property; 

(5) is a person whose prior activities, criminal record if any, or 

reputation, habits, associations, or psychological or medical condition pose a threat to 

the public interest or to the effective regulation and controI of gaming, or create or 

enhance 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 
[SECTION 4(k) (6)] 

(6) has attempted to interfere or to influence, and/or has interfered 

and/or influenced, unduly for gain or advantage, any decision or process of the Board 

or the Jicarilla Apache Tribal government relating to gaming. Undue influence 

means the use of bribery, blackmail, intimidation, threats of violence, or other 

improper means to influence tribal governmental actions. Nothing in this section shall 

be interpreted as preventing primary management officials and key employees of a 

gaming operation from expressing their opinions to and consulting with members of 

the tribal government or responding to inquiries or requests from the Board or the 

Council. 

(1) Duration and Renewal of Tribal Licenses. Any license issued by the Board 

shall be effective for one year from the date of issuance. An applicant for renewal 

who has submitted the required application and any other information required by the 

Board at least sixty (60) days before the expiration of his license may continue to be 

employed under the expired license or until final action is taken on the renewal 

application by the Board or, if required by the Act, the Commission. Applicants for 

renewal of licenses shall provide updated material and information as requested on 

the appropriate renewal forms, but shall not be required to resubmit historical data 

already provided or otherwise available to the Board. 

(m) Identification Cards. The Board shall require all gaming employees to 

wear identification cards issued by the Board which shall include the employee's 

photograph, first and last name, license number, signature, type of gaming authorized 

(class I1 or class I11 or both) and date of expiration. 

(n) Fees for Licensing. The fees for licensing and the amount required to 

be deposited for background investigations shall be set by the Board. Should actual 

17 
[SECTION 4(n), continued] 

costs incurred by the Board for a background investigation exceed the amount 

deposited, those costs will be assessed to the applicant during the investigation 

process, provided that in such cases the Board shall submit a detailed billing of such 

costs and an explanation as to why such excess costs were incurred. Payment in full 

of any required fee will be required at the time the application is submitted. 

(0) Licensure of Existing Gaming Operations and Emplovees. Any person 

engaged in gaming activities requiring a license under this Ordinance at the time this 

Ordinance is enacted by the Tribal Council must apply for the appropriate license 

from the Board within 30 days of Tribal Council enactment. The Board shall 

promptly initiate background investigations required by this Ordinance and shall 

forward a report to the Commission regarding each such applicant within 60 days 

after the Chairman's approval of this Ordinance. 

(p) Record Retention. The Board shall retain applications for employment 

for primary management officials and key employees, and any reports of background 

investigations on such applicants, for no less than three years following the date of 

termination of the applicant's employment, and shall make such records available for 

inspection by the Commission pursuant to lawful requests submitted to the Board. 

The Board by regulation may impose additional record retention requirements, 

consistent with this Ordinance. 

SECTION 5. STANDARDS OF OPERATION AND MANAGEMENT. 

(a) Class 111 Gaming. The technical standards of operation and 

management for Class I11 gaming shall be those as adopted in accordance with a 

tribal-state compact. Should compact negotiations fail or become unnecessary, the 
[SECTION 5(a), continued] 

Board may, with Tribal Council approval, adopt standards of operation and 

management for Class I11 gaming. 

(b) Class I1 Gamine;. The Board shall adopt standards of operation and 

management for class I1 gaming, subject to approval by the Council, and pending such 

adoption, may direct the gaming operation to comply with the standards as the Board 

may determine necessary to protect the integrity of class I1 gaming 

SECTION 6. MANAGEMENT CONTRACTS. 

(a) Requirement for Review and Appeal. The Board may enter into a 

management contract for the management of a class I1 and/or class 111 gaming 

operation and facilities subject to approval of the Commission. No management 

contract, and no modification, revision, or amendment thereto, shall be binding upon 

the Jicarilla Apache Tribe unless and until approved by the Council and the 

Commission. Background investigations for persons or entities with a financial 

interest in or having management responsibility for a management contract shall be 

conducted by the Chairman of the Commission. 

(b) Required Provisions. 

(1) Governmental Authoritv. All gaming covered by a management 

contract shall be conducted in accordance with the Act and all governing tribal 

ordinances, including this Ordinance. 

(2) Res~onsibilitie~. The management contract shall identify the 

responsibilities of each party for each identifiable function as set forth in the Act and 

regulations promulgated pursuant to the Act. 
[SECTION 6(b)(3)] 

(3) Accounting. The management contract shall provide for the 

establishment and maintenance of satisfactory accounting systems and procedures that 

shall, at a minimum: 

(a) include an adequate system of internal accounting controls; 

(b) permit the preparation of financial statements in accordance 

with generally accepted accounting principles; 

(c) be susceptible to audit; 

(d) allow a class I1 gaming operation, the Tribe and the 

Commission to calculate the annual fee due the Commission under the Act; 

(e) permit the calculation and payment of the manager's fee; and 

(f) provide for the allocation of operating expenses among the 

Tribe, the tribal gaming operation, the contractor, and any other user of shared 

facilities and services. 

(4) Re~orts. A management contractor at its own cost and expense 

shall provide a monthly verifiable financial report to the Tribe, Board, and if required 

by the Act, the Secretary and/or Comrnission. 

(5) Access. A management contractor shall allow immediate access 

to the gaming operation and facilities, including its books and records, to individuals 

designated by Tribal Council resolution, the Tribal Gaming Board, the Secretary of 

Interior, or the Federal Indian Gaming Commission, who shall have the right to verify 

the daily gross revenues and income from any gaming activity and access to any other 

gaming-related information that the Tribe, Board, Secretary or Comrnission deems 

appropriate. 
[SECTION 6(b)(6)] 

(6) Guaranteed Minimum Pavment. All management contracts shall 

provide for a minimum guaranteed monthly payment to the Tribe in a sum certain 

that has preference over the retirement of any development and construction costs. 

(7) Development and Construction Costs. All management contracts 

shall provide for an agreed upon maximum dollar amount per month of revenues for 

recoupment of development and construction costs. 

(8) Term. No management contract shall be for a term exceeding 

five (5) years unless upon request of the Board, the Commission authorizes a longer 

contract term in which event the term shall not exceed seven (7) years. 

(9) Compensation. All management contracts shall describe in detail 

the method of compensating and reimbursing the management contractor. If a 

management contract provides for a percentage fee, such fee shall be not more than 

thirty percent (30%) of the net revenues of a gaming operation unless a higher 

percentage, not to exceed forty percent (40%) is authorized by the Council and by the 

Commission pursuant to the Act. The balance of the net revenues shall be paid to 

the Treasurer of the Tribe or as directed in the management contract. 

(10) Termination. All management contracts shall provide grounds 

and mechanisms for modifying or terminating the management contract. 

(11) Disputes. All management contracts shall include a mechanism 

to resolve disputes between the Tribe and the management contractor, the 

management contractor and gaming employees and consistent with the procedures in 

Section 7(f)(13) of this Ordinance, the management contractor and customers. 

(12) Assignments and Subcontracting. All management contracts shall 

indicate that assignment of rights under a management contract and subcontracting 
[SECTION 6(b)(12), continued] 

are not permitted unless approved by the Board and the Chairman of the 

Commission. 

(13) Ownership Interest. All changes in the ownership interest in a 

management contractor shall require advance approval of the Board. 

(14) Effective Date. All management contracts shall state that the 

contract shall not be effective unless and until it is approved by the Chairman, date 

of signature of the parties notwithstanding. 

(15) Prohibited Provisions. A management contract shall not transfer 

or in any other manner convey any interest in Tribal lands unless authorized by 

federal law and unless clearly specified in writing in said management contract. 

SECTION 7. TRIBAL GAMING BOARD. 

(a) Establishment of the Board. Appointment: Term. There is hereby 

established a Board consisting of three members who shall be appointed by the 

President with the approval of the Council to serve on a part-time basis for a term of 

three years commencing on the date of their appointment. The President shall 

appoint one Board member to serve as the Board Chairman. 

(b) Com~ensation. The compensation of members of the Board shall be 

established by the Council. 

(c) Removal. The Council by a majority vote may remove any Board 

member for any reason at any time with or without cause. 

(d) Vacancies. The President, with the approval of the Council, may by 

appointment fill any vacancies in the Board. 

(4 Oualifications. No person shall be eligible or qualified to serve or 

continue to serve on the Board who: 

22 
[SECTION 7(e)(l) J 

(1) Has been convicted of a felony, gaming offense or a misdemeanor 

involving theft or conversion of property; 

(2) Has any direct financial interest in, or management responsibility 

for, any gaming activity; or 

(3) Has any direct financial interest in, or management responsibility 

for, any management contract submitted to the Council for review or approval. 

(f) Powers and Duties of the Board. The Board shall have the. following 

powers and duties: 

(1) Oversight of Gaming Operation: Inspectors: Recommendations 

to Council. The Board shall have primary responsibility for oversight to assure the 

integrity of all class I1 and class I11 gaming operations and shall, for that purpose, 

employ inspectors who shall be under the sole supervision of the Board and not under 

the supervision of any management contractors or gaming operation. The inspectors 

shall have access to all areas of the gaming facilities at all times. The inspectors shall 

report to the Board regarding any failure by the gaming operation or management 

contractor to comply with any of the provisions of this Ordinance and any other 

applicable laws. All inspectors shall be licensed by the Board and be subject to 

background investigations. The Board shall be responsible for making 

recommendations to the Council concerning any and all matters related to gaming 

activities within tribal lands. 

(2) Investigations: Subpoena. The Board may on its own initiative 

investigate any aspect of a gaming operation to protect the public interest in the 

integrity of the gaming activities and to prevent improper or unlawful conduct in the 

course of any gaming activities. The Board may require the gaming operation or any 

23 
[SECTION 7(f)(2), continued] 

management contractor to take any appropriate action deemed necessary to comply 

with this Ordinance, the Act, or other applicable law. The Board may compel any 

person to appear before it and to provide such information, documents or other 

materials as may be in their possession to assist in any such investigation. 

(3) Public Safety. The Board shall ensure that all gaming operations 

or management contractors shall prepare and submit for review and approval of the 

Board a satisfactory plan for the protection of the public in the gaming facilities. 

(4) Review of Plans. The Board shall review and approve floor plans 

and surveillance systems for each gaming facility and may confer with other 

organizations regarding the adequacy of such plans and systems. 

(5) Rewlations. The Board may promulgate regulations to govern 

the operation and management of class I1 and class I11 gaming activities. Regulations 

promulgated by the Board shall be effective after they have been approved by the 

Council. 

(6) Licenses. The Board may issue, suspend and revoke licenses in 

accordance with this Ordinance. The Board shall also conduct or cause to be 

conducted background investigations of persons involved, directly or indirectly, in the 

operation or conduct of games of chance on Tribal lands, as provided in this 

Ordinance. 

(7) Standards. The Board shall promulgate, review, and revise the 

technical standards and rules of each game operated by the gaming operation or 

management contractor and shall notify the gaming operation and management 

contractor of the rules and of any change to the rules. 
[SECTION 7(f)(8)1 

(8) Health and Safety Standards. The Board shall enforce the health 

and safety standards applicable to the gaming facilities in accordance with this 

ordinance and other applicable laws. Before the opening of any gaming facility for 

gaming activity, the gaming operation or management contractor shall obtain a 

certificate of compliance from the Board relating to the gaming facilities. The Board 

shall issue a certificate of compliance to the gaming operation upon a determination 

that the gaming facilities comply with applicable health and safety standards. 

(9) Penalties and Sub~oenas. The Board is empowered to impose 

penalties for violations of this Ordinance in amounts to be established by regulations 

adopted by the Board and approved by the Council, and is empowered to issue 

subpoenas in furtherance of its duties. 

(10) Civil and Ciminal Actions. The Board may in the name of the 

Tribe bring any civil action in the courts of the Tribe, the State or the United States 

of competent jurisdiction to enforce the provisions of this Ordinance, the Act or any 

Compact, or to enjoin or othexwise prevent any violation of this Ordinance, the Act 

or applicable law, occurring on Tribal lands.. The Board may also refer suspected 

criminal violations of this Ordinance, the Act, or applicable law to the appropriate 

governmental authority for investigation and prosecution. 

(11) Budnet. The Board shall adopt an annual operating budget which 

shall be subject to the approval of the Council and may in accordance with the budget 

employ a staff as it deems necessary to fulfill its responsibilities under this Ordinance, 

and may retain legal counsel, consultants and other professional services, including 

investigative services, to assist the Board with respect to any of the issues over which 

the Board exercises jurisdiction. The expenses of the Board in accordance with such 
[SECTION 7(f)(ll), continued] 

budget shall be appropriated by the Council from the net gaming revenues paid to the 

Tribe or from other sources identified by the Council. 

(12) Orders: Review bv Tribal Court. The Board may issue an order 

or decision which the Board has the power to issue, to the gaming operation, any 

gaming empIoyee, or management contractor, or to any other person within the 

jurisdiction of the Tribe, to take any action or cease and desist from any action as 

may be required to protect to the public interest in gaming. Any final order or 

decision of the Board shall be subject to review by the Tribal Court, which decision 

shall be appealable to the Court of Appeals according to the Revised Constitution of 

the Jicarilla Apache Tribe and subject to Section 14 of this Ordinance. 

(13) Customer Complaints. The Board shall establish procedures for 

the resolution of disputes between a gaming operation or management contractor and 

a customer concerning the conduct of the gaming activities. The procedures shall be 

established by regulation of the Board approved by the Council, and notice of the 

procedures shall be posted in a conspicuous location within the gaming facility at all 

times gaming activities are conducted. The Board's resolution of the dispute shall be 

appealable to the Tribal Court, and the Board's decision shall be upheld if it is 

supported by substantial evidence and is in conformity with applicable law. 

(g) Hearings. The Board may conduct any hearing, investigation or inquiry, 

compel the production of any information or documents, and otherwise exercise the 

investigatory powers necessary to carry out the duties assigned under this Ordinance. 

(h) Director. The Board may appoint and retain an individual to serve as 

Director of the Board to administer and enforce its responsibilities as necessary to 
[SECTION 7(h), continued] 

oversee inspectors appointed by the Board and other staff as the Board may employ, 

conduct hearings, investigations, and othewise act on behalf of the Board as 

authorized by the Board. The Director shall be responsible for coordination of the 

functions of the Board and other tribal, federal, state, and local agencies as necessary. 

(i) Procedures of the Board 

(I) Reeular Meetings. Regular meetings of the Board may be held 

upon specified dates to be established by the Board, and at such time and place as 

shall from time to time be fixed by the Board. Unless otherwise specified by the 

Board, no notice of such regular meetings shall be necessary. 

(2) Special Meetings. Special meetings of the Board may be called 

by the Chairman of the Board or may be held by teleconference or by polling. The 

Chairman of the Board shall fix the time and place of the special meeting. Neither 

the business to be transacted at, nor the purposes of, any regular or special meeting 

of the Board need to be specified in the notice of the meeting. 

(3) Ouorum. At any meeting of the Board, a majority of the Board 

members shall constitute a quorum for the transaction of business. The vote of a 

majority of the members present at a meeting at which a quorum is present shall be 

the act of the Board. The Chairman of the Board shall preside at all meetings of the 

Board unless the Chairman of the Board designates another member to preside in his 

absence. Approval of action telephonically or by polling is also authorized. 

(4) Notice and Hearings. 

(i) Susuension. If, in the Board's judgment based on information 

from any source including but not limited to the Commission, immediate suspension 
[SECTION 7(i)(4)(i), continued] 

of a license is required to protect the public interest, the effective regulation and 

control of gaming, or the safe, fair and honest operation and conduct of games of 

chance, the Board may' suspend a license immediately pending the holding of a 

hearing. The Board shall suspend the license of a key employee or primary 

management official upon receipt of notice from the Commission that the person is 

no longer eligible for employment in that capacity, or upon receipt of information 

from any other source that the person is no longer eligible for employment in that 

capacity. A revocation hearing must be held within fourteen (14) calendar days of 

such suspension or the suspension will be deemed discharged automatically. 

(ii) Revocation. No action of the Board to revoke a license 

previously issued by the Board, shall be valid unless the person affected is given at 

least seven (7) calendar days' notice of the proposed action and the opportunity to 

appear and to be heard before the Board, either in person or through a representative 

or legal counsel, and to submit such evidence as the Board deems relevant to the 

matter at issue. 

(iii) License Denials and Barred Individuals. Any person who 

is denied a gaming license or who is barred from the gaming facilities by action of the 

Board may request a hearing before the Board by written request submitted within 

thirty (30) days following receipt of notice of the action of the Board, and the Board 

shall thereupon afford an opportunity to appear and be heard before the Board, 

either in person or through a representative or legal counsel, and to submit such 

evidence as the Board deems relevant to the matter at issue and thereafter the Board 

shall either affirm or reconsider its decision. 
[SECTION 7(i)(4)(iv)] 

(iv) Other Board Actions. If the Board deems it necessary to 

protect the public interest and the integrity of gaming activities, the Board may take 

such action with immediate effect as it deems required, and shall thereupon provide 

notice and an opportunity to be heard to the affected person as soon as is reasonably 

practicable following such action. 

(v) Hearinn Officers. Any hearing conducted may at the 

direction of the Board be conducted by the Director or by one or more members of 

the Board designated by the Board for that purpose. 

(vi) Notice to Commission. Following any license revocation 

hearing, the Board shall notify the Commission of its decision. 

(5) Rules and Procedures. The Board may adopt such additional 

procedures and rules as it deems necessary or convenient to govern its affairs and 

which are consistent with this Ordinance and approved by the Council. 

SECTION 8. PROHIBITED ACTS. 

It shall be a violation of this Ordinance for any person to: 

(a) Conduct or participate in any class I1 or class I11 gambling on Tribal 

lands other than at authorized and licensed gaming facilities. 

(b) Receive, distribute, apply or divert any property, funds, proceeds, or 

other assets of a class I1 or class 111 gaming operation to the benefit of any person 

except as authorized by this Ordinance, a compact, or the Act. 

(c) Tamper with any gaming device or equipment used in the conduct of 

any gaming operations with the intent to cause any person to win or lose any wager 

other than in accordance with the publicly-announced rules of the gaming operations. 
[SECTION 8(d)] 

(d) Do any other act in connection with the conduct of any gaming 

operation with the intent to affect the outcome of any wager other than in accordance 

with the publicly-announced rules of such gaming operation. 

(e) To alter or misrepresent the outcome of any event on which wagers 

have been made after the outcome is made sure but before it is revealed to the 

players. 

. (f) To place, increase or decrease a bet or to determine the course of play 

after acquiring knowledge, not available to all players, of the outcome of the game or 

any event that affects the outcome of the game or which is the subject of the bet or 

to aid anyone in acquiring such knowledge for the purpose of placing, increasing or 

decreasing a bet or determining the course of play contingent upon that event or 

outcome. This includes past-posting, pressing, and pinching bets. 

(g) To claim, collect or take, or attempt to claim, collect or take, money or 

anything of value in or from a gaming device or equipment, with intent to defraud, 

without having made a wager thereon, or to claim, collect or take an amount greater 

than the amount won. 

(h) To manipulate, with the intent to cheat, any component of an electronic 

game of chance or gaming device in a manner contrary to the designed and normal 

operational purpose for the component, including, but not limited to manipulating a 

gaming device, with knowledge that the manipulation affects the outcome of the game 

or with knowledge of any event that affects the outcome of the game. 
[SECTION 8(i)] 

(i) Knowingly to use other than coins or tokens approved by the Board or 

other lawful coin, legal tender of the United States of America, or to use a coin not 

of the same denomination as the coin intended to be used in the gaming device. 

(j) To possess, with the intent to use, any device to assist in projecting the 

outcome of the game, in keeping track of the cards played, in analyzing the 

probability of the occurrence of an event relating to the game, or in analyzing the 

strategy for playing or betting to be used .in the game. 

(k) To use any device or means to cheat, or to possess any such device 

while at the gaming facility. 

(1) ' Knowingly to entice or induce another to go to any place where gaming 

is being conducted or operated in violation of the provisions of this ordinance, the 

Act, a compact, or other applicable law and regulation with the intent that the other 

person play or participate in that gaming. 

(m) To engage in any activity requiring a license under this Ordinance, if the 

person does not currently hold a valid license. 

SECTION 9. PENALTIES. Any person who violates any provision of this 

ordinance shall be subject to civil penalties, termination of employment by the gaming 

operation, denial or revocation of a license, exclusion from attendance at any gaming 

facility, or exclusion from Tribal lands if a non-member of the Tribe. The Board shall 

have the jurisdiction to impose any penalties on any person within the jurisdiction of 

the Tribe to the extent permitted by applicable federal and tribal law. 

SECTION 10. TRIBAL COURT JURISDICTION. The Tribal Court shall 

have jurisdiction, to the extent not inconsistent with federal law, over all violations of 
8 [SECTION 10, continued] 

this Gaming Ordinance and over all persons who are parties to a management 

contract entered pursuant to this Ordinance, including agents, employees, owners, 

directors, and officers of such parties, and may, in addition to the penalties prescribed 

above, grant such other legal and equitable relief as is necessary and proper for the 

enforcement of this Gaming Ordinance and of the provisions of any management 

contract entered pursuant to this Ordinance, including but not limited to injunctive 

relief against acts in violation thereof. 

SECTION 11. SEVERABTLITY. In the event any section or provision of this 

Ordinance or its application to any particular activity is held to be invalid, the 

remaining sections and provisions of this Ordinance and the remaining applications 

of such section or provision shall continue in full force and effect. 

SECTION 12. EFFECT OF HEADINGS. Article and section headings 

contained herein shall not be deemed to govern, limit, modify, or in any manner 

affect the scope, meaning, provisions, or intent of any article or section of the 

Ordinance. 

SECTION 13. LIBERAL INTERPRETATION. The provisions of this 

Ordinance, being necessary for the welfare of the Jicarilla Apache Tribe and its 

members, shall be construed liberally to effect the purposes and objectives hereof. 

SECTION 14. SOVEREIGN IMMUNITY. The Tribe does not in any way 

waive its sovereign immunity from suit in any court to contest the validity of this 

Ordinance. Decisions of the Board may be appealed to and shall be subject to 

appellate review in the Tribal Court with final appellate review by the Tribal Court 
[SECTION 14, continued] 

of Appeals. No decision of the Board shall be reversed unless the Tribal Court finds 

that the action taken was arbitrary, capricious or not in accordance with the law. 

SECIION 15. AMENDMENTS. This ordinance may be amended only by 

majority vote of the Council at a meeting at which all members of the Council are 

present at the time of the vote. 

CERTIFICATION 

The forgoing Ordinance was enacted by the Tribal Council of the Jicarilla 

Apache Tribe on the 24 t h day of MARCH , 1994, by a vote of 5 for, 

O against, and O abstaining, at a duly called meeting at which a quorum of 

the Tribal Council members was present. 

JICARILLA APACHE TRIBE