AMENDED RESOLUTION NO. 13

OF THE GOVERNING BODY OF THE

YAVAPAI-PRESCOTT INDIAN TRIBE

WHEREAS, the Yavapai-Prescott Tribe of Yavapai County, Arizona (the

Tribe) (I) enacted a Gaming Ordinance dated June 18, 1992

(Ordinance No. 13), as set forth in Tribal Resolution 92-24,

which was approved by the United States Department of the

Interior, Bureau of Indian Affairs, to conduct lawful gaming

pursuant to Public Law 10-497, known as the Indian Gaming

Regulatory Act of 1988, 25 U.S.C sec. 2702, et seq (the

Act), and the regulations promulgated thereunder and (2)

executed the Tribal-State Gaming Compact of 1992 with the

State of Arizona, to conduct Class II Gaming activities, as

defined in the Act, in accordance with the Act and resolutions

promulgated thereunder;

WHEREAS, the Tribal-State Gaming Compact of 1992, was subsequently

superseded by the Tribal-State Gaming Compact of 1993,

which was approved by the National Indian Gaming

Commission (the NTGC) in accordance with the Act;

WHEREAS, pursuant to 25 C.F.R. part 522, tribes are required to submit

gaming ordinances to the NIGC for approval and the Tribe

submitted Ordinance No. 13 to the N1GC or approval;

W!~U~PI4C ~

41. kflC~~r ~4l...~ ~+1..~ ~12 ,1,..,.~, ..,~i ...~. Ule uULI~~.U L1~. LJ%.. uiat ~uia&i~.~. .-,

the requirements of 25 C.F.R. part 522;

WHEREAS, the Tribe wishes to amend Ordinance No. 13 to comply with

the requirements of 25 C.F.R. part 522, and to submit such

amended Gaming Ordinance to the NIGC for approval; and

WHEREAS, the Tribes Board of Directors has reviewed the proposed

amendments to Ordinance No. 13 in the form of Ordinance No.

13 (1995 Revision) attached hereto.
BE IT RESOLVED by the Board of Directors of the Yavapai-Prescott Tribe

of Yavapai County, Arizona that it hereby amends and

supersedes Ordinance No. 13 in the form attached hereto and

designated as Ordinance No 13 (1995 Revision).

CERTIFICATION

I, the undersigned as President of the Board of Directors for the Yavapai

Prescott Indian Tribe, hereby certify that the Board is composed of (5)

members of whom four (4) members constituting a quorum, were present at a

Regular Board meeting this 15th day of August, 1995 and that the foregoing

Amended Resolution was adopted by a vote of 3 for, and 0 against under the

Articles of Association, Article, I, Section 1 ~çb).

I~RESIDENT, BOARD OF pII~CTbRS

YAVAPAI-PRESCOTT IN1~rAN TRIBE

ATTEST: ATTEST:

____________

~~

SECR~1ARY, BOARD OF DIRECTORS LUIS OCHOA

YAVAPAI-PRESCOTT iNDIAN TRIBE ATTORNEY
-

ORDINANCE NO. 13 (1995 REVISION)

OF ThE YAVAPAI-PRESCOTF TRIBE

OF YAVAPAI-COUNTY, ARIZONA

GAMING ORDINANCE

AN ORDINANCE GOVERNING, REGULATING, LICENSING AND PERMITiING

GAMING ON THE YAVAPAI-PRESCOTF TRIBAL RESERVATION IN YAVAPAI

COUNTY, ARIZONA, UNDER CERTAIN TERMS AND CONDITIONS.

BE IT ORDAINED BY THE YAVAPAI-PRESCOTF TRIBE AS FOLLOWS:

STATEMENT OF PURPOSE: An ordinance to govern and regulate the operation,

conduct and playing of (1) Class II Gaming, as defined by the Indian Gaming Regulatory Act

of 1988, P.L. 100-447, 25 U.S.C. § 2701, et seq. as amended (the Act), and the regulations

promulgated by the National Indian Gaming Commission, including games of Bingo, and (2)

Class III Gaming, as defined by the Act and the regulations promulgated by the National

Indian Gaming Commission, and as authorized by and pursuant to the provisions of a TribalState Compact entered into between the Yavapai-Prescott Tribe and the State of Arizona under

the provisions of the Act, so that revenue may be produced for the support of Tribal

government programs which promote economic development and the health, education and

welfare of the Tribe and its members;

Section 1. Short Title

This ordinance may be cited as the Gaming Ordinance of the Yavapai-Prescott Tribe of

Yavapai County, Arizona.

Section 2. Interpretation

This ordinance shall be deemed an exercise of the sovereign power of the Yavapai

Prescott Tribe of Yavapai County, Arizona and all provisions of this ordinance shall be liberally

construed for the accomplishment of the Statement of Purpose.
Section 3. Policy

A. The Yava~ai-Prescott of Yavapai County, Arizona shall have the sole proprietary

interest, authority and responsibility for the conduct of any Class II Gaming and Class III

Gaming, as defined by the Act, conducted on the Reservation.

B. The Net Revenues, as defined in Section 4 hereof, from any Tribal Class II

Gaming and Class III Gaming shall be used ony for the following purposes:

(1) To fund Tribal governmernal operations or programs;

(2) To provide for the generai welfare of the Tribe and its members;

(3) To promote Tribal economic development;

(4) To donate to charitable organizations; or

(5) To help fund local Tribal and community governmental operations.

C. If the Tribe elects to make per capita payments to tribal members, it shall

authorize such payments only upon approval of a p~.i submitted to the Secretary of the Interior

under 25 U.S.C. § 2710(b)(3).

D. Annual outside independent certified audits of Class II Gaming and Class III

Gaming conducted by the Tribe pursuant to the provisions of this ordinance and the TribalState Compact shall be caused to be produced and the Tribe shall submit the resulting audit

reports to the National Indian Gaming Commission.

E. All contracts for supplies, services or concessions for a contract amount in excess

of $25,000.00 annually, except contracts for professional legal or accounting services, relating

to such gaming shall be specifically included within the scope of the audit that is described in

subsection D. above.

F. The construction and maintenance of gaming facilities and the operation of Class

II Gaming and Class III Gaming shall be conducted by the Tribe in a manner which adequately

protects the environment and the public health and safety and, as to Class III Gaming activities,

shall be conducted in accordance with the provisions of the Tribal-State Compact.

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G. Tribal officials may cooperate with law enforcement officials of the State of

Arizona, the Bureau of~ Indian Affairs, the Federal Bureau of Investigation, and other law

enforcement agencies, when it is deemed to be in the best interest of the Tribe to assure that

fair, honest and efficient gaming activities are operated by the Tribe and, as to Class IH

Gaming, such law enforcement activities and responsibilities shall be consistent and in

accordance with the provisions of the Tribal-State Compact.

Section 4. Definitions

In this ordinance, unless the context otherwise requires:

A. Class II Gaming means Class II gaming as defined by the Act and regulations

promulgated by the National Indian Gaming Commission and conducted by the Tribe in

accordance with the Act, such regulations and the provisions of this ordinance.

B. Class III Gaming means Class III gaming as defined by the Act and regulations

promulgated by the National Indian Gaming Commission and as limited, :uthorized and

conducted by the Tribe in accordance with the Act, such regulations, the provisions of the

Tribal-State Compact and this ordinance.

C. Contractor shall mean and refer to any management contractor who operates

for the Tribe, Tribal premises used for Class II Gaming or Class III Gaming or operates as

lessee under a lease with the Tribe and any lessor of gaming equipment or supplier of gaming

services to the Tribe.

D. Gaming Enterprise shall mean the Class II and Class III gaming operations and

activities owned and operated by the Tribe and conducted on Indian Lands of the Tribe.

E. Indian Lands means lands as defined in 25 U.S.C. § 2703(4)(A) and (B),

subject to the provisions of 25 U.S.C. § 2719.

F. Key Employee means:

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

(1) Bingo caller;

-3-
(2) Cashier;

(3) Change persons;

(4) Counting room supervisor;

(5) Chief of Security;

(6) Custodian of Gaming Supplies or Cash;

(7) Floor manager;

(8) Pit Boss;

(9) Dealer;

(10) Croupier;

(11) Approver of Credit;

(12) Manager of the Tribes Gaming Enterprise; or

(13) Custodian of gambling devices including persons with access to

cash and account~g records within such devices;

(b) if not otherwise included, any other person whose total cash compensation

from the Tribes Gaming Enterprise is in excess of $50,000.00 per year; or

(c) if not otherwise included, the four (4) most highly compensated persons

in the Tribes Gaming Enterprise.

G. Net Revenues means gross gaming revenues of the Tribes Gaming Enterprise

less --

(a) Amounts paid out as, or paid for, prizes; and

(b) Total gaming related operating expenses, excluding management fees, if

any.

H. Person means a natural person, firm, association, corporation or other legal

entity.

I. Primary Management Official means:

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(a) the person having management responsibility for a Gaming Enterprise

management contract, if any;

(b) any person who has authority:

(1) to hire and fire Gaming Enterprise employees; or

(2) to set up working policy for the Tribes Gaming Enterprise; or

(3) the chief financial officer or other person who has financial

management responsibility of the Tribes 3aming Enterprise.

J. Player shall mean any person paying some amount of U.S. currency to the

Tribe or the contractor or the agent, servant or employee of the Tribe or such contractor for

admission to, or participation in Class II Gaming or Class III Gaming and who has some

reasonable expectation of receiving a prize as a result of participating, playing or wagering on

such Class II Gaming or Class III Gaming.

K. Prizes shall mean and refL to any United States currency, cash or other

property or thing of value awarded to a Player of Class II Gaming or Class III Gaming.

L. Tribal-State Compact means the Yavapai-Prescott Indian Tribe/State of Arizona

Gaming Compact entered into pursuant to the authority of the Act between the Tribe and the

State of Arizona authorizing the Tribe to conduct certain limited forms of Class III Gaming,

the terms of which are incorporated herein by this reference upon the effective date of such

Tribal-State Compact.

M. Tribe shall mean and refer to the Yavapai-Prescott Tribe of Yavapai County,

Arizona.

Some words or phrases in this ordinance with initial capital letters are defined in the

Tribal-State Compact. Unless otherwise defined herein, the terms in this ordinance shall have

the same meaning as in the Tribal-State Compact, which definitions are incorporated herein by

this reference.

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p

Section 5. General

No Person may perform, supervise, hold, operate or conduct any Class II Gaming or

Class Ill Gaming on or within the Indian Lands of the Tribes; except such Class II Gaming or

Class IH Gaming conducted, operated or licensed by the Tribe in accordance with the provisions

of this ordinance and, as to Class III Gaming, conducted, operated or licensed in accordance

with the provisions of the Tribal-State Compact.

Section 6. Gaming Activities

A. The Tribe is authorized to perform, supervise, hold, operate and conduct Class

II Gaming and Class III Gaming on Indian Lands of the Tribe in accordance with the provisions

of this ordinance and, as to Class III Gaming, in accordance with the provisions of the TribalState Compact.

B. The Tribes Board of Directors shall (1) supervise the administration of this

Section and may adopt, amend and repeal rules and regulations governing LIft holding, operating

and conducting of Class II Gaming and Class III Gaming on Indian Lands of the Tribe which

shall be in accordance with, and shall not violate the provisions of this ordinance and, in the

case of Class III Gaming, the Tribal-State Compact; (2) may provide for the rental of the

premises and equipment required for the operation of such Class II Gaming and Class III

Gaming and (3) shall provide that such gaming activities shall be held, operated and conducted

in conformity with the provisions of this ordinance and, in the case of Class III Gaming, the

Tribal-State Compact.

C. The Tribes Board of Directors shall have the authority to enter into a

management agreement to operate the Tribes Gaming Enterprise or Gaming Locations on

Indian Lands of the Tribe or lease for the rental of property or gaming equipment provided

that said management agreements or leases are in conformity with the Act and any Federal

laws, rules and/or regulations then in effect.

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D. The Tribe hereby creates and designates the Yavapai Gaming Agency (the

YGA) as the Tribal entity which shall exercise the civil regulatory authority of the Tribe over

Class II Gaming and Class III Gaming on Indian Lands of the Tribe and the Tribe hereby

delegates such authority to the YGA. The YGA shall be responsible for the regulation of all

gami~~g activities on Indian Lands of the Tribe pursuant to this ordinance and for the

enfor~ment of the Tribal-State Compact on behalf of the Tribe, including, but not limited to

the issua~ce of Tribal gaming licenses required by this ordinance or the Tribal-State Compact.

The YG~~ may enact rules and regulations governing Class II Gaming and Class III Gaming

which shall be consistent with the provisions of this ordinance and the provisions and

appendices of the Tribal-State Compact. The Tribe shall have the sole authority to determine

the composition of the YGA and shall designate an Executive Director of the YGA who shall

have overall responsibility for the administrative functions of the YGA.

E. The Tribe shall maintain a permanent record containing the name and address of

each Player who receives a prize, if required by, and in accordance with the requirements of

the Internal Revenue Code, any enactments of Congress or the Tribal-State Compact.

F. The Tribe shall maintain adequate written records of Class II Gaming and Class

III Gaming in the Tribes Gaming Facilities for a period of at least four (4) years. These

records shall include:

(1) Gross receipts;

(2) All payout for prizes, whether in cash or merchandise;

(3) Any and all operating expenses;

(4) Net Revenues.

G. Any agreement with a Contractor shall state that no elected member of the Tribal

government may be an employee of a Contractor or of the Tribes Gaming Enterprise.

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Section 7. Licenses for Key Employees and Primary Management Officials

A. Every Key Employee and Primary Management Official shall be licensed by the

YGA. The YGA shalt be responsible for the issuance of Tribal gaming licenses to Key

Employees and Primary Management Officials and shall adopt and implement policies and

procedures for the issuance of such gaming licenses. The YGA shall ensure that the policies

and procedures set out in this Se~don 7 are implemented with respect to Key Employees and,

Primary Management Officials who are employed by the Tribes Gaming Enterprise.

B. The following notice snaIl be placed on the application form for a Key Employee

or a Primary Management Official before that 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. ~ ~. The purpose of

the requested information is to determine the eligibility of

individuals to be employed in a gaming operation. The

information will be used by National Indian Gaming Commission

members and staff whc, :~ave need for the information in the

performance of their official duties. The information may be

disclosed 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 National Indian

Gaming COmmission in connection with the hiring or firing of an

employee, the issuance 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 Tribes being unable to hire you in

a primary management official or key employee position.

The disclosure of your Social Security Number (SSN) is voluntary.

However, failure to supply a SSN may result in errors in processing your

application.

C. Existing Key Employees and Primary Management Officials shall be notified in

writing that they shall either:

(a) Complete a new application form that cor~tains a Privacy Act notice; or

(b) Sign a statement that contains the Privacy Act notice and consent to the

routine uses described in that notice.

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D. The following notice shall be placed on the application form for a Key Employee

or a Primaiy Management Official before that form is filled out by an applicant:

A false statement on ~ny part of your application may be grounds

for not hiring you, or for firing you after you begin work or

provide services. Also, you may be punished by fine or

imprisonment. U.S. Code, Tithe 18, Section 1001.

E. The Tribe shall notify in writing existing Key Employees and Primary

Management Officials and Contractors that they shall either:

(a) Complete a new application form that cont~.ins a notice regarding false

statements; or

(b) Sign a statement that contains the notice regarding false statements.

F. Background Investigations:

(a) The Tribe shall request from each Primary Management Official and from

each Key Employee all of the following information:

(1) Full name, other names (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 (5) years: Business and

employment positions held, ownership interest in those businesses, business and residence

addresses and drivers 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

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;

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(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 was an ongoing prosecution or a

~on~iction, the charge, the name and address of the court involved, and the date and disposition

i~any;

(9) For each misdemeanor conviction or ongoing misdemeanor

pros~.cution (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 and disposition;

(10) For each criminal charge (excluding minor traffic 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 paragraph (a)(8) or (a)(9) of this section, the

criminc..~ 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 occupational license or permit, whether or not

such license or permit was granted;

(12) A current photograph;

(13) Any other information the Tribe deems relevant; and

(14) Fingerprints consistent with procedures adopted by the Tribe

according to 25 C.F.R. § 522.2(h).

(b) The YGA shall conduct an investigation sufficient to make a determination

under subsection G below. In conducting a background investigation the YGA or its agent

shall promise to keep confidential the identity of each person interviewed in the course of the

investigation.

G. Eligibility Determination: The YGA shall review a persons prior activities,

criminal record, if any, and reputation, habits, and associations to make a finding concerning

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the eligibility of a Key Employee or Primary Management Official for employment in a gaming

operation. If the YGA determines that the applicant poses a threat to the public interest or to

the effective regulation of gaming, or creates or enhances dangers of unsuitable, unfaii, or

illegal practices and methods and activities in the conduct gaming, the Tribes Gaming

Enterprise shall not employ that person in a Key Employee or Primary Management Official

position.

H. The following procedures shall apply for forwarding applications and reports for

Key Employees and Primary Mwiagement Officials to the National Indian Gaming Commission:

(a) When a Key Employee or Primary Management Official begins work at

the Tribes Gaming Enterprise authorized by this Ordinance, the YGA shall forward to the

National Indian Gaming Commission a completed application for employment and conduct the

background investigation and make the determination referred to in subsection G of this section.

(b) The YGA stall forward the report referred to in subsection I of this

section to the National Indian Gaming Commission within sixty (60) days after an employee

begins work or within sixty (60) days of the approval of this Ordinance by the Chairman of the

National Indian Gaming Commission.

(c) The Gaming Enterprise shall not employ as a Key Employee or Primary

Management Official a person who does not have a license after ninety (90) days.

I. The YGA shall report to the National Indian Gaming Commission as follows:

(a) Pursuant to the procedures set out in subsection H of this section, the

YGA shall prepare and forward to the National Indian Gaming Commission an investigative

report on each background investigation. An investigative report shall include all the

following:

(1) Steps taken in conducting a background investigation;

(2) Results obtained;

(3) Conclusions reached; and

l 1
The basis for those conclusions.

YGA shall submit, with the report, a copy of the eligibility

subsection G of this section.

license is not issued to an applicant, the YGA:

(1) Shall notify the National Indian Gaming Commission; and

(2) May forward of its eligibiFty ietermination and investigative report

(if any) to the National Indian Gaming Commission for inclusion in the Indian Gaming

Individuals Records System.

(d) With respect to Key Employees and Primary Management Officials, the

Tribe shall retain applications for employment and reports (if any) of background investigations

for inspection by the Chairman of the National Indian Gaming Commission or his or her

designee for no less than three (3) years from the date of termination of employment.

J. The YGA shall grant gaming licenses tc~ Key Employees and Primary

Management Officials in accordance with the following:

(a) If, within a thirty (30) day period after the National Indian Gaming

Commission receives a report, the National Indian Gaming Commission notifies the Tribe that

it has no objection to the issuance of a license pursuant to a license application filed a Key

Employee or a Primary Management Official for whom the YGA has provided an application

and investigative report to the National Indian Gaming Commission, the YGA may issue a

license to such applicant.

(b) The YGA shall respond to a request for additional information from the

Chairman of the National Indian Gaming Commission concerning a Key Employee or a

Primary Management Official who is the subject of a report. Such a request shall suspend the

thirty (30) day period under paragraph J.(a) of this section until the Chairman of the National

Indian Gaming Commission receives the additional information.

(4)

(b) The

determination made under

(c) Ifa

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t 1

(c) If, within the thirty (30) day period described above, the National Indian

Gaming Commission provides the YGA with a statement itemizing objections to the issuance

of the license to a Key Employee or to a Primary Management Official or Contractor for whom

the YGA has provided an application and investigative report to the National Indian Gaming

Commission, the YGA shall reconsider the application, taking into account the objections

itemized by the National Indian Gaming Commission. The YGA shall make the fiuial decision

whether to issue a license to such applicant.

K. The YGA shall have the authority to suspend any gaming license issued to a Key

Employee or Primary Management Official in accordance with the following:

(a) If, after the issuance of a gaming license, the YGA receives from the

National Indian Gaming Commission reliable information indicating that a Key Employee or a

Primary Management Official is not eligible for employment under subsection G above, the

T-be shall suspend such license and shall notify in writing the licensee of the suspensio~~ and

the proposed revocation.

(b) The YGA shall notify the licensee of a time and a place for a hearing on

the proposed revocation of a license.

(c) After a revocation hearing, the YGA shall decide to revoke or to reinstate

a gaming license. The YGA shall notify the National Indian Gaming Commission of its

decision.

Section 8. Licenses for Contractors and Other Persons Required to be Licensed Under

Tribal-State Compact

A. All Contractors and other Persons required to be licensed under the Tribal-State

Compact shall be licensed by the YGA and, in the case of Class III Gaming, shall meet the

requirements of the Tribal-State Compact. Background investigations shall be conducted of

Contractors and such other Persons required to be licensed and an adequate system shall be in

place to provide oversight of such Persons on an ongoing basis provided that any Person whose

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prior activities, criminal record, if any, or reputation, or associations pose a threat to the public

interest or to effective regulation of the Tribes Gaming i~nterprise or create or enhance the

dangers of unsuitable, unfair or illegal practices and methods and activities in the conduct of

such gaming activities shall not be illegible to be licensed by the YGA as a Contractor or

Person required to be licensed hereunder; further provided that the Bureau Indian Affairs or the

National Indian Gami~g Commission, established pursuant to the Act, as the case may be, shall

be notified promptly by the YGA of the issuance of such licenses and the results of such

background checks before the issuance of any such license to a Contractor or such a person.

B. All Contractors and Persons required to be licensed hereunder shall be of good

moral character and shall not have been convicted of any felony or misdemeanor involving

moral turpitude or gaming offense in any court of competent jurisdiction.

Section 9. License for Gaming Locations

The YGA shall issu... ~ separate license to each place, Gaming Facility or location on

Indian lands of the Tribe where Class II Gaming or Class III Gaming is conducted under this

ordinance.

Section 10. Operations

A. The Tribes Class II Gaming and Class III Gaming may be conducted each and

every day of the week between the hours authorized by and consistent with the provisions of

the Tribal-State Compact or, in the absence of a Tribal-State Compact, at such hours of the day

or night as determined in the exercise of the Tribes sole discretion, provided that such gaming

activities shall be operated not less than three days (Friday, Saturday and Sunday) per week and

there shall be no limit as to prize money for any single gaming activity, bingo game or session.

B. All persons involved in the conduct of Class II Gaming and Class III Gaming

must be a bona fide employee of the Tribe or a Contractor.

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C. No person under the age of eighteen (18) shall participate in any Class II Gaming

or Class HI Gaming. If liquor is served at any gaming facility, no person under the age of

twenty-one (21) shall participate in any such Class II Gaming or Class III Gaming.

D. No person who holds, operates, conducts or assists in holding, operating or

conducting Class II Gaming or Class III Gaming may play at the game at which such person

is holding, operating, conducting or assisting.

Section 11. Name Tags

All persons operating or assisting the operation or conduct of any Class II Gaming or

Class Ill Gaming shall wear legible tags evidencing their names and the legend of the Tribe.

Tags must be visible and. worn or otherwise affixed to all persons operating or assisting in the

operation of any Class II Gaming or Class III Gaming.

Section 12. Violation. Jurisdiction

A. It shall be unlawful for any person to:

(1) Alter or misrepresent the outcome or other event on which wagers have

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

(2) 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 placing, increasing or decreasing a bet or determining the

course of play contingent upon that event or outcome.

(3) Claim, collect or take or attempt to claim, collect or take, money or

anything of value in or from a gambling game, with intent to defraud, without having made a

wager thereon, or to claim, collect or take an amount greater than the amount won.

(4) Knowingly to entice or induce another to go to any place where a

gambling game is being conducted or operated in violation of the provisions of the Tribal-

- 15-
1

State Compact or this ordinance with the intent that the other person play or participate in that

gambling game.

(5) Place or increase a bet after acquiring knowledge of the outcome of the

game or other event which is the subject of the bet, including past-posting and pressing bets.

(6) Reduce the amount wagered or cancel the bet after acquinng knowledge

of the outcome of the game or other event which is the subject of the bet, i ~icluding pinching

bets.

(7) Manipulate, with the intent to cheat, as defined below, any component of

a slot machine or gaming device in a manner contrary to the design and normal operational

purpose for the component, including, but not limited to, varying the pull of the handle of a

slot machine or 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.

(8) Knowingly to use other than coins or tokens approved by .he Tribal

Gaming Agency, established in accordance with the provisions of the Tribal-State Compact, or

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

denomination as the coin intended to be used in the gambling game.

(9) Possess, with the intent to use, any device to assist in projecting the

outcome of the game, in keeping track of the cards played, and 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.

(10) Use any device or means to cheat, as defined below, or to possess any

such device while at the Tribes gaming facility.

For purposes of this Section, cheat shall mean to alter the selection of criteria which

determines the result of a Class II Gaming or Class III Gaming activity, or the amount or

frequency of payment in such gaming activities.

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B. Any Person who willfully and knowingly violates any provision of this

ordinance, or any rule or regulation authorized thereunder, shall be guilty of a criminal offense

punishable by a fine not to exceed five hundred dollars ($500.00) for each violation, or for

each day the violation continues or by imprisonment for not more than six (6) months, or both.

C. Any Person who willfully and knowingly violates any provision of this

ordinance, or ~ny rule or regulation authorized thereunder, may have the equipment, material

and supplies use~ in conducting the unlawful activity impounded.

D. Th... Tribal courts shall have jurisdiction over all violations of this ordinance and,

with respect to Class III Gaming, such jurisdiction shall be determined by, pursuant to and

consistent with the provisions of the Tribal-State Compact. Nothing, however, in this

ordinance shall be construed to authorize or require the criminal trial and punishment by the

Tribe of non-Indians except to the extent allowed or required by any applicable present or

future Act of Congr:~s or any applicable federal court decision.

E. The Tribe shall retain the right to revoke any license of any Contractor who

engages in conduct other than as authorized by this ordinance, the Tribal-State Compact or the

Contractors agreement with the Tribe, which involves moral turpitude, dishonesty or any act

which is punishable as a felony or misdemeanor involving moral turpitude under State or

federal laws, or which involves a violation of the Yavapai-Prescott Tribal Code. With respect

to Class III Gaming, in the event of such violation, such Contractor shall have such rights and

be subject to such penalties and procedures as specified in the provisions of the Tribal-State

Compact.

Section 13. Patron Disputes

The provisions and mechanism for resolving patron or player disputes of Section 14 of

the Tribal-State Compact shall apply to both Class II Gaming and Class III Gaming.

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Section 14. Internal Revenue Service

Provisions of the Internal Revenue Code of 1986, as amended, concerning the taxation

and the reporti!Ig of withholding of taxes with respect to prizes or winnings from gaming or

wagering pursuant to the operation of Class II Gaming or Class III Gaming operated on the

Tribes reservation shall apply to the Trioes gaming enterprise.

Section 15. Ordinance Supersede~ Former Ordinance No. 13

The provisions of this ordinance a1nend, supersede and repeal all prior gaming

ordinances, including the Tribes Gaming Oidinance dated June 18, 1992 (Ordinance No. 13).

This ordinance is effective as of the date and year written below.

Section 16. Severability Clause

The provisions of this ordinance shall be severable and if any phrase, clause, sentence

or provision of the ordinance is found to be contrary to the Tribes Articles of Association, or

declared to be in violation of applicable Federal ~:w or is held to be invalid, the validity of the

remainder of this ordinance shall not be affected and shall remain in full force and effect.

Section 17. Incorporation of Tribal-State Compact

The Tribe incorporates herein by reference all of the provisions of the Tribal-State

Compact in effect on the effective date of this ordinance as though fully set forth herein.

PASSED, APPROVED and ADOPTED by the Yavapai-Prescott Tribe of Yavapai

County, Arizona on this 15 day of AuQust ,

1995.

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CERTIFICATION

The foregoing ordinance was on 8/15 1995, duly adopted by a vote of 3 in

favor, 0 opposed, and 0 abstained by the Board of Directors of the Yavapai

Prescott Tribe of Yavapai County, Arizona pursuant to authority vested in it by Article VI,

Section 1(a), (b), (c), (g), (h), (i) and (j) of the Atticles of Association of the Yavapai-Prescott

Tribe of Yavapai County, Arizona ratified by the Tribe and approvel by the Commissioner of

the Bureau of Indian Affairs, United States Department of the Interior, on December 5, 1962.

ArrEST:

~

~

~

The foregoing ordinance is hereby approved by the National Indian Gaming

Commission.

By:_

Its:

Date:

9206151 658.Iao.910654

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