reputation, habits and association do not pose a threat to the public interest of the Tribe,
its members or to the effective regulation of gaming, or create or enhance the dangers
of unsuitable, unfair or illegal practices and methods and activities in the conducting of
gaming or the carrying on of the business and financial arrangements incidental thereto;
and

(c) In allother respects is qualified to be licensed or found
Suitable consistent with the declared policy of the Pueblo Gaming Operation.

(d) An application to receive a license or to be found
suitable constitutes a request for a determination of the applicant's general character,
integrity and ability to participate or engage in, or be associated with gaming. Any written
or oral statement made in the course of an official proceeding of the Tigua Gaming
Agency or the National Indian Gaming Commission established pursuant to 25 USC §
2704, by any member thereof or any witness testifying under oath which is relevant to the
purpose of the proceeding is absolutely privileged and does not impose liability or
defamation constituting a ground for recovery in any civil action.

b. Primary Management_ Officials, Key and Other Employees;
Identification.

(1) No person shall be employed in a Pueblo Gaming Operation
on Pueblo Tribal Lands who:

(a) Has been convicted of or who has pled guilty or nolo
contendere to any felony within ten (10) years, or has ever been convicted of or has ever
plead nolo contendere to any gaming offense, or other offense involving moral turpitude.

(b) Is under the age of eighteen (18), except that, no
person shall be employed as a primary management official or key employee, or in any
position wherein the employee might be required to serve alcoholic beverages who is
under the age of twenty-one (21).

(2) No person shall be employed as a primary management official
or key employee in a Class II gaming activity who:

(a) __ Has not first applied for and obtained a tribal gaming
license, pursuant to the Bingo Ordinance, As Amended, and, has been made the subject
of a background investigation conducted by the Pueblo, its agents, or designee pursuant
to the requirements of this Ordinance.

(b) Is ineligible for fidelity bonding or similar insurance
covering employee dishonesty.

-15-


43. "Tip Jars" means a game of chance, wherein a person upon payment of a
fee, is permitted to reach into, or tip a jar containing printed slips, and extract one slip in
an effort to obtain a slip that entitles the player to a designated prize.

44. “Tribal Building Inspector" means the person appointed as Tribal Building
Inspector, his qualified agent or if none, such other person as the Council designates or
appoints, to perform the duties of a building inspector, including but not limited to,
enforcement of applicable building, safety and health codes.

45. “Tribal Council" or "Council" means the Tribal Council of the Pueblo
consisting of the Cacique, the Governor, the Lieutenant Governor, and five (5)
Councilmembers, who are recognized as the governing body of the Pueblo, possessing
plenary power over the people, land and property within the exterior boundaries of the
Pueblo.

46. "Tribal Court" means the Ysleta Del Sur Pueblo Tribal Court.

Section 5. Gaming Authorized and Regulated.

Class || gaming is authorized on Indian lands. Class II gaming shall be regulated
by the Pueblo through the Tigua Gaming Agency, and shall only be operated consistent
with the provisions of the Bingo Ordinance, As Amended, and the Gaming Regulatory Act.

Section 6. Use of Net Revenue from Class II Gaming Activities.

1. Net Revenues from Class II Gaming activities shall be used only to:
a. fund tribal government operations or programs;
b. provide for the general welfare of the Tribe or Tribal members;

c. promote economic development within the Ysleta Del Sur Pueblo
Indian Reservation;

d. fund operations of local tribal government agencies; and/or
e. donate to charitable organizations, and

f. other lawful purposes.


(a) 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 thereof;

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

(c) for each criminal charge (excluding minor traffic
charges) whether or not there is a connection, if such criminal
charge is within ten (10) years of the date of application and is not
otherwise listed pursuant to the provisions of subsection (a) and (b),
above, the criminal charge, the name and address of the court
involved and the date and disposition thereof.

(14) The name and address of any licensing or regulatory agency
with which the applicant has filed an application for an occupational license or permit,
whether or not such license or permit was granted;

(15) A current photograph;

(16) A set of fingerprints prepared by an authorized state, local,
federal or tribal law enforcement agency; and,

(17) Astatement as to any civil litigation involving fraud in which the
applicant has been involved, and a statement as to any other civil litigation in which the
applicant has been involved within ten (10) years of the date of application.

This information shall be provided in writing to meet the requirements of 25 CFR
§ 556.4 and § 537.1 as to background investigations.

b. The Pueblo may employ, on a probationary basis, any prospective
gaming employee who represents, in writing, that he or she meets the standards set forth
in this Section, until such time as the written report on the applicants’ background
investigation is completed, however, the Pueblo shall comply with the Tribal employment
preference ordinance in effect.

c. The Pueblo shall not employ as a gaming employee, and shall

terminate any probationary gaming employee, ifthe report on the applicant’s background
investigation finds that the applicant:

- 19 -


Ysleta Del Sur Pueblo
Bingo Ordinance
As Amended

TABLE OF CONTENTS

Section 1. Title 6... ec c cece eee eee eee nenee 1
Section 2. Findings 1
Section 3. Purposes 2
General Provisions... kk eect eet e eens eennanes 2
Section 4. Definitions ...... cee eee cece eects 2
Section 5. Gaming Authorized and Regulated ................05 9
Section 6. Use of Revenue from Class Il and Class Il
Gaming Activities 9
Section 7. Gaming Facilities 10
Section 8. Persons Under the Age of Twenty-One (21),
Employees Prohibited 6.2... cece eee eee 10
Section 9. Prizes: Assignments and Forfeiture ...............05 10
Administration cee cece eee teen e tee eenes 11
Section 10. Tigua Gaming Agency ...........0ceeeee eee eeees 11
Section 11. Licensing 2.1... .. cece cece ee eee eee 13
Section 12. Background Investigations of Gaming Employees ....... 17
Class IIGaming wk ccc cece eect e ene n eee eeanns 20
Section 13. Exclusive Ownership by Pueblo. ..........00 ccc eee 20
Section 14. Management Contracts ........ cece cece eee eee 20
Section 15. Games Permitted .......... cc cece e eee eee eee 21
Section 16. Bingo Game Cards 61... eee cece eee eee ees 21
Section 17. Player Limitation ......... cece eee eee eee 21
Section 18. Entry Prohibited 2... 0.0... cece ee eee 21
Section 19. Hours of Operation; Notice to Commission ............ 21
Records and Audits 2.0... . cece eect eee tenn eee enne 22
Section 20. Records Maintenance 6... eee eee eee eee 22
Section 21. Independent Audits 2.2.6... cece cece eee 22
ViolationS cece cece eect eee e eee eeee eens 23
Section 22. Crimes; Penalties 2.2.0... .. cece eee eee eens 23
Section 23. Civil Penalties 20.1... kee eee cece eee 24
Section 24. Enforcement ............ cece cece eee e eee ee aees 25
Validity of Ordinance .............. .. 25
Section 25. Severability wee 25
Section 26. Amendments ............. 1. 2
Section 27. Effective Date of Ordinance ...............00- «. 25

0)


(3) Every person employed at a Gaming Facility operated on
Pueblo Tribal lands shall wear an identification card issued by the Tigua Gaming Agency
which conspicuously states the place of employment, the first name of the person and
their position of employment. The card shall include a photo, first name and four digit
identification number unique to the individual which shall also include a Pueblo seal or
signature, and a date of expiration.

6. License Suspension and Revocation.

a. Suspension and Revocation.

(1) Any license issued by the Tigua Gaming Agency shall be
suspended, without prior notice, if the National Indian Gaming Commission, after
Notification by the Tigua Gaming Agency of the issuance of a license, and after
appropriate review, indicates that a primary management official, operator, or key
employee does not meet the standards established and set forth herein, pursuant to 25
USC § 2710, and after notice and hearing may revoke such license.

(2) The Tigua Gaming Agency shall immediately suspend, and
after notice and hearing, revoke the license of any primary management official or key or
other employee, vendor or other gaming licensee of a Class Il Gaming Operation who is
or becomes ineligible to hold a license under this Ordinance or who violates any provision
of this Ordinance or applicable federal law, including 25 USC §§ 1166, 1167, 1168 or
2701, et seq. or of 18 USC § 1663.

7. Revocation Notice.

a. The Tigua Gaming Agency shall promptly notify in writing any licensee
whose license has been suspended or will be revoked and shall include in said notice:

(1) The effective date of suspension and/or revocation;

(2) The reason(s) for the suspension and/or revocation;

(3) The right of the licensee to appeal the suspension and/or
revocation to the Tribal Court within ten (10) days of the licensee’s receipt of the

revocation notice.

b. A copy of the suspension and/or revocation notice shall be sent to
the National Indian Gaming Commission.

- 16 -


IV. Records and Audits

Section 20. Records Maintenance.

1. Each Gaming Facility administered by the Tigua Gaming Agency shall
maintain accurate and up-to-date records for each gaming activity conducted.

Records shall include records of:
a. all financial transactions;
b. all gaming machine testing, malfunctions, maintenance and repairs;
Cc. personnel;
d. complaints of patrons;
e. facility in-house investigations of any kind;
f. incidents and accidents;

g. actions by the Tigua Gaming Agency against players or Gaming
Facility visitors;

h. actions by Tigua Gaming Agency against or in reprimand of
employees.

Section 21. Independent Audits.

1. Gaming Activities Conducted by the Pueblo.

The Tigua Gaming Agency shall require, and the Tribal Council shall cause, an
audit to be conducted each year of all Class II Gaming Operations conducted on Indian
Lands. Such audit(s) shall be conducted by an independent auditing firm, selected at the
sole discretion of the Tribal Council, or by the Tigua Gaming Agency on its behalf.
However, nothing in this sub-paragraph shall prohibit the annual audit of tribal gaming
activities from being encompassed within the Pueblo’s existing audit system.


; (1) Full name, including any aliases or other names which the
applicant has used or has ever been known whether oral or written;

(2) Social security number(s);

(3) Date and place of birth;

(4) Citizenship of the applicant;

(5) Gender of the applicant;

(6) All languages spoken or written by the applicant;

(7) For the previous five (5) years an itemization or description of
all:

(a) business and employment positions held;
(b) any ownership interests in businesses listed;
(c) business and residence addresses; and
(d) current or present drivers license number(s);
(8) Provide the names and current addresses of at least three (3)
personal references, including one personal reference who was acquainted with the

applicant during each period of residence listed under sub-section (7) (c), above;

(9) A current business and residence address and telephone
number(s);

(10) A description of any current as well as previous business
relationship with Indian tribes, including ownership interests in those businesses;

(11) A description of any existing and previous business
relationships with the gaming industry generally, including interests in those businesses.

(12) The name and address of any licensing or regulatory agency
with which the applicant has filed an application for a license or permit related to gaming,
whether or not such license or permit was granted;

(13) Adescription of all criminal proceedings in which the applicant
was or is currently involved, including the following:

- 18 -


f. Take such actions as are necessary and appropriate for violation(s)
of the Bingo Ordinance, As Amended, applicable rules and/or regulations, including but
not limited to license suspension, revocation, prosecution, referral for prosecution, or civil
suit.

g. Employ such employees as are necessary to carry out the specific
and general powers and duties of the Tigua Gaming Agency. The Tigua Gaming Agency
shall comply with Tribal employment preference ordinance in effect.

h. Ensure that background investigations are conducted on the Primary
Management Officials and Key Employees of the Gaming Operation and that oversight
of such officials and their management is conducted on an on-going basis.

4. Compensation.

The Gaming Commissioner and members, and employees shall be reasonably
compensated, as determined by the Tribal Council. The compensation shall be paid from
the Pueblo’s share of Net Revenues from the Enterprise.

Section 11. Licensing.

1. Authority to License.

The Tigua Gaming Agency shall have the sole and exclusive authority to
license and regulate Class II gaming operations on Pueblo Tribal Lands which are now,
or may hereafter, be permitted by federal law.

2. Types of Licenses to be Issued.

The Gaming Agency shall issue the following licenses for gaming on Pueblo Tribal
Lands:

a. Enterprise Management License

Ss

Key Employment License
Cc. General Employee License
d. Other Licenses necessary and appropriate.

3. License Fees: Application Fees and Continuing Yearly Fees.

a. Any person making application for a Pueblo gaming license pursuant

-13-


randomly determined, in which the game is won by the first player to cover a
predesignated arrangement on the card.

19. "Net Revenues" means the gross gaming revenues from the Pueblo Gaming
Operations, less (a) amounts paid out as, or paid for, prizes; and (b) total gaming -
related Operating Expenses, excluding management fees.

20. “Management Contract" means a management contract within the meaning
of 25 U.S.C. § 2711.

21. "Non-Banking Card Games" means any card game in which two or more
players play against each other and the players do not wager against the house. Non-
banking card games played in conformity with State law regulating hours of play, wage,
and pot limits are Class Il gaming. All other non-banking card games are Class II games.

22. “Operating Expenses" shall mean expenses of the Enterprise, which
expenses are necessary for the operation of the Enterprise and which include but are not
necessarily limited to the following:

(a) | The payment of salaries, wages and benefit programs for employees
engaged at the Enterprise;

(b) Materials and supplies for the Enterprise;

(c) Utilities;

(d) Routine remodeling, repairs and maintenance of the Gaming Facility;
(e) Interest on installment contract purchases by the Enterprise;

(f) Insurance and bonding;

(g) Advertising and marketing, including busing and transportation of
employees to the Gaming Facility;

(h) Professional fees;

(i) Security costs;

(i) Reasonable and necessary travel expenses for employees of the
Pueblo, the Enterprise and of a management company pursuant to
a Management Contract, subject to an approved budget;

(k) | Equipment which costs less than $500 per item or unit;

-5-


3. Civil fines provided for in this Section may be imposed in addition to the
criminal penalties provided for in Section 22 above.

Section 24. Enforcement.

After any person or entity fails or refuses to pay a final assessment levied pursuant
to Section 22 and/or Section 23 above, the Pueblo may proceed to collect the
assessment by initiating a civil action against the person or entity in the Tribal Court or
in any other court of competent jurisdiction. In such civil action, validity and amount of
the assessment shall not be subject to judicial review. The Pueblo shall be entitled to all
remedies in law or in equity that are available to civil litigants generally and/or specially,
by law.

Vi. Validity of Ordinance
Section 25. Severability.

If any provision or provisions in this Ordinance are held invalid by a court of
competent jurisdiction, this Bingo Ordinance, As Amended, shall continue in effect as if
the invalid provision(s) were not a part hereof.

Section 26. Amendments.
The Bingo Ordinance, As Amended, may be amended by action of the Tribal

Council and documented by Tribal Council Resolution.

Section 27. Effective Date of Ordinance.

This Bingo Ordinance, As Amended, shall take effect upon adoption of the Tribal
Council and after it has been approved by the Chairman of the Commission.

- 25 -


Section 3. Purposes.
The purpose of this Bingo Ordinance, As Amended, are to:

1. Provide standards and regulations governing the conduct of Class Il gaming
activities on Pueblo Tribal Lands;

2. Promote tribal economic development;

~.

3. Enhance employment opportunities for tribal members;
4. Strengthen the economy of the Ysleta Del Sur Pueblo Indian Tribe; and,

5. Generate revenue for use in improving the health, education and general
welfare of enrolled members of the Ysleta Del Sur Pueblo Indian Tribe.

|. General Provisions
Section 4. Definitions.

1. "Bingo" means the game of chance (whether or not electronic, computer or
other technological aids are used in connection therewith) which is played for prizes,
including monetary prizes, with cards bearing numbers or other designations; in which
the holder of the card covers such numbers or designations when objects, similarly
numbered or designated, are drawn or electronically determined; and in which the game
is won by the first person covering a previously designated arrangement of numbers or
designations on such cards. “Bingo” includes, if played at the same location, pulltabs,
lotto, punch boards, tip jars, instant bingo, and other games similar to bingo.

2. "Bingo Occasion" shall mean a single session or gathering at which a series
of successive bingo games are played.

3. "Class | Gaming" means social games played solely for prizes of minimal
value or traditional forms of Indian gaming engaged in by individuals as a part of, or in
connection with, tribal ceremonies or celebrations.

4, “Class Il Gaming" means all forms of gaming which are defined as Class
ll Gaming in the Indian Gaming Regulatory Act, P.L. 100-497, 25 USC § 2703(7)(A)

("IGRA") and by the regulations promulgated by the National Indian Gaming Commission
at 25 C.F.R. § 502.3.

5. "Commission" means the National Indian Gaming Commission established

-2-


YSLETA DEL SUR PUEBLO
TRIBAL BINGO ORDINANCE
NO. 00492
AS AMENDED

Pursuant to the authority vested in the Tribal Council (the "Council") as the duly
constituted traditional governing body of the Ysleta Del Sur Pueblo (the "Pueblo") a
federally recognized Indian Tribe, exercising all inherent governmental powers, fiscal
authority and tribal sovereignty as recognized in the Ysleta Del Sur Pueblo Restoration Act
(Public Law 100-89 as codified in 25 USC § 1300g, hereinafter the "Restoration Act"), and
its lawful authority to provide for the health, safety, morale, welfare, tribal economic
development and self-sufficiency of the Pueblo, the Council of the Pueblo hereby adopts
the following amendment to Ordinance No. 00492 which was originally enacted on May
6, 1992, pursuant to the requirements of the Indian Gaming Regulatory Act (Public Law
100-497 as codified in 25 USC § 2701, et. seq., sometimes hereinafter the "Gaming
Regulatory Act," or the "I.G.R.A."), for the purpose of regulating the conduct of Class II
Gaming (as such term is defined in the Gaming Regulatory Act) on the Pueblo Tribal
Lands (sometimes hereinafter referred to as "Indian Lands" or “Reservation").
Accordingly, Ordinance No. 00492 as adopted and enacted on May 6, 1992, amended
October 16, 1992, amended April 15, 1993, amended July 22, 1993, and is amended this
October 5, 1993, by substituting therefore the following:

Section 1. Title.

This Ordinance shall be known as the Ysleta Del Sur Pueblo Bingo Ordinance, As
Amended, or the Bingo Ordinance, As Amended.

Section 2. Findings.

The Council of the Pueblo finds that:

1. The Ysleta Del Sur Pueblo Indian Tribe has the exclusive authority to
operate, license, and regulate Class II Gaming activities on Pueblo Tribal Lands (or Indian

Lands as such term is defined in the Restoration Act and the Gaming Regulatory Act)
within the State of Texas; and

2. It is essential to the health, safety and general welfare of the Ysleta Del Sur

Pueblo Indian Tribe and the visitors to its Tribal Lands that standards and regulations be
promulgated to govern the conduct of Class II gaming activities on Pueblo Tribal Lands.

-1-


to this Gaming Ordinance shall submit his or her application, and required forms and
information, as set forth by the Tigua Gaming Agency, pursuant to this Bingo Ordinance,
As Amended, together with an application fee as follows:
(1) Class Il License fees:

(a) _ Enterprise Management License - $1,000.00

(b) | Key Employee License - $200.00

(c) | General Employee License - $50.00

(d) Other - $25.00

The Tigua Gaming Agency may waive fees in its discretion if a proponent is unable
to pay fees.

b. A Licensee shall, at least sixty (60) days prior to the expiration of such
license make application for renewal, as required by the Tigua Gaming Agency, and shall
submit the application required forms and information together with a renewal fee
equivalent to 75% of the above stated license fee applicable.

4. License Validity: Effective Period and Place.

a. Period. Tribal gaming licenses shall be valid and effective for a period
of one year from the date of issue, unless same is sooner suspended, or revoked for
cause after notice and hearing, pursuant to this Bingo Ordinance, As Amended.

b. Place.

A tribal gaming license shall be valid for any Enterprise operation
located on the Pueblo’s Tribal Lands.

5. License: Qualifications and Requirement.

a. General.

(1) An application to receive a license or to be found suitable to
receive a license shall not be granted unless the Tigua Gaming Agency is satisfied, after
review of a background investigation that such applicant is:

(a) A person of good character, honesty and integrity;

(b) A person whose prior activities, criminal record, if any,

-14-


14. “Gaming Services" means the providing of any goods or services to the
Pueblo directly in connection with the operation of Class II gaming in a Gaming Facility,
including equipment, maintenance, or security services for the Gaming Facility.

15. "Indian" shall mean an individual who is listed on the Tribal roll of a Federally
recognized Indian tribe.

16. "Instant Bingo" means a game of chance whereby the player purchases a
card and removes paper slips, which act as concealing flaps, revealing numbers or
symbols or numbers and letters, and on the reverse side of the card are printed the
winning combination such that the player need only compare the sides to determine if and
what they may have won.

17. "Key Employee" means:

(a) A person who performs one or more of the following functions:
(1) Bingo caller;
(2) | Counting room supervisor;
(3) Chief of security;
(4) | Custodian of gaming supplies or cash;
(5) Floor manager;
(6) Pit boss;
(7)  Approver of credit; or

(8) | Custodian of Equipment including persons with access to cash
and accounting records;

(b) If not otherwise included, any other person whose total cash
compensation is in excess of $50,000 per year; or,

(c) __ Ifnot otherwise included, the four most highly compensated persons
in the Gaming Operation.

18. "Lotto" means a game of chance with cards bearing numbers or other
designations, in rows of 9, in which the player holding the card covers such numbers or
designations when objects similarly numbered or designated are drawn or otherwise

-4-


(1) has been convicted of or has plead nolo contendere to any
felony within the previous ten (10) years or has ever been convicted of or has ever plead
nolo contendere to any gaming offense;

(2) has knowingly and willfully provided materially important false
statements or information on his employment application; or,

(3) has been determined to be a person whose prior activities,
Criminal record, if any, or reputation, habits, and association pose a threat to the public
interest or to the effective regulation and control of gaming, or create or enhance the
dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct
of gaming or the carrying on of the business and financial arrangements incidental
thereto.

d. In the event of any dispute as to Subsection (c) above, the parties
shall meet and in good faith attempt to resolve the differences. Until the matter is
resolved the applicant shall not be employed as a gaming employee by the Pueblo.

2. Background Investigation of Gaming Employee During Employment. The
Pueblo shall retain the right to conduct such additional background investigations of any
Primary Management Official, Key Employees, or other gaming employee at any time
during the term of that person’s employment. Any gaming employee found to fall within
the provision of Section c above shall be immediately suspended and shall be dismissed,
after notice to the employee and hearing pursuant to Section 11(6), (7) and (8) of this
Bingo Ordinance, as amended.

3. Background Investigation of any Principal. The Pueblo shall retain the right.
to conduct background investigations of any Principal of an entity which provides
management services to the Pueblo or the Enterprise.

lll, Class Il Gaming

Section 13. Exclusive Ownership by Pueblo.

Class II gaming shall be owned and operated exclusively by the Pueblo, which shall
have the sole proprietary interest in and responsibility for the conduct of any Gaming
Operation.

Section 14. Management Contracts.
The Pueblo may enter into a management contract for the operation and

management of Class Il gaming activities. Each such contract must comply with the
provisions of this Ordinance, other applicable provisions of tribal law (including, but not

-20-


NATIONAL
INDIAN
GAMING
COMMISSION
OCT 19 1993

Tom Diamond, Esq.

Diamond, Rash, Gordon & Jackson
300 E. Main Street

El Paso, Texas 79901

Dear Mr. Diamond:

This letter responds to your request to review and approve the
tribal gaming ordinance submitted on July 22, 1993, and amended
on October 5, 1993, for the Ysleta Del Sur Pueblo Tribe of El
Paso, Texas. This letter constitutes such approval under the
Indian Gaming Regulatory Act (IGRA).

Under the IGRA and the regulations of the National Indian Gaming
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).

Thank you for submitting the ordinance of the Ysleta Del Sur
Pueblo 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,

ce: Julian Granillo, Governor

1850 M STREET. NW. SUITE 250 WASHINGTON, D.C. 20036 __ TEL: 202-632-7003 __ FAX: 202-632-7066



(b) Any person who has authority:
(1) to hire and fire employees; or,
(2) to set up working policy for the Gaming Operation; or,

(c) The chief financial officer or other person who has financial management
responsibility.

27, "Prize" means any U.S. currency, cash or other property or thing of value
awarded to a player or players, or received by a player or players as a result of their
Participation in Class II gaming activity.

28. "Pueblo" or "Tribe" means the Ysleta Del Sur Pueblo Indian Tribe located
within the counties of El Paso and Hudspeth in the State of Texas, being at its present
location since time immemorial, being duly recognized by the Secretary of the Department
of the Interior, and other agencies of the United States of America, and having special
rights of self government, (all as set forth in the Ysleta Del Sur Pueblo Restoration Act,
Public Law 199-89, 25 USC 1300g), and its authorized officials, agents and
representatives.

29. “Pueblo Gaming Facility" or "Gaming Facility" means any location in which
Class II gaming as authorized by this Bingo Ordinance is conducted on the Pueblo Tribal
Lands.

30. “Pueblo Gaming Operation" or "Gaming Operation" means the Class II
Gaming Operations conducted by the Pueblo on its Tribal Lands as part of the Enterprise.

31. "Pueblo Tribal Lands" or "Indian Lands" or "Ysleta Del Sur Pueblo Indian
Lands" or "Reservation" means all lands within the limits of the Ysleta Del Sur Pueblo
Indian Reservation; and any lands title to which is either held in trust by the United States
for the benefit of the Ysleta Del Sur Pueblo Indian Tribe or individual Ysleta De! Sur Pueblo
tribal member subject to restriction by the United States against alienation and over which
the Pueblo exercises governmental power.

32. “Pueblo Tribal Member" shall mean an individual who is listed on the official
Pueblo Tribal roll.

33, "Pull Tabs" means factory covered tickets which are purchased and opened
by customers revealing a predetermined winning arrangement.

34. “Punch Board" means a small board that has many holes, each filled with

a rolled up printed slip tu be punched out upon payment of a player fee, in an effort to
obtain a slip that entitles the player to a designated prize.

-7-


(Il) Trash removal;
(m) Costs of goods sold;

(n) Cost depreciation as defined by Generally Accepted Accounting
Principles ("GAAP");

(0) | Other expenses designated as Operating Expenses in the annual
budget of the Enterprise;

(p) | Expenses specifically designated as Operating Expenses in a
Management Contract and ordinarily considered as such in
accordance with GAAP;

(q) Such other expenses which are determined by an annual audit to be
operating expenses; and

(r) Any payments in lieu of taxes made to any governmental entity.

23. “Person” means any individual, receiver, administrator, executor, assignee,
trustee in bankruptcy, trust, estate, firm, partnership, joint venture, club, company, joint
stock company, business trust, corporation, association, society, or any group of
individuals acting as a unit, whether mutual cooperative, fraternal or nonprofit doing
business within the Indian Lands. The Tribe is not within the definition of person.

24, "Player" means any person participating in Class II gaming activity, who is
Participating with the reasonable expectation of, or for the chance of, receiving a prize of
some value.

25. "Principal" means with respect to any enterprise: (i) each of its officers and
directors; (ii) each of its principal management employees, including any chief executive
officer, chief financial officer, chief operating officer, or general manager; (iii) each of its
owners or partners, if an unincorporated business; (iv) each of its shareholders who
own more than ten percent of the shares of the corporation, if a corporation; (v) each
person other than a banking institution who has provided financing for the enterprise
constituting more than ten percent of the total financing of the enterprise; and, (vi) any
person or entity set forth and described in 25 CFR § 537.1.

26. "Primary management officials" means:

(a) The person having management responsibility for a management contract;

-6-


CERTIFICATION

The foregoing amendment to Ordinance No. 00492 was considered by the Ysleta
Del Sur Pueblo Tribal council at a duly called meeting and was adopted by the Tribal
Council, with a quorum being present, and which meeting was held on the 5th day of
October, 1993.

By: ) Lox Jl pecullie

uthorized Officer

Tie’ SAC oeteppare

ATTEST:

-

Authefized Officer

Title: Tribet Sceatag

By:

-27-


NOW, THEREFORE, BE IT RESOLVED, that the foregoing amendment to
Ordinance No. 00492 is hereby enacted by the Tribal Council of the Ysleta Del Sur Pueblo
on this the 5th day of October, 1993.

ATTEST:

By: ae _
Authorizéd Officer

Title: Tribal Secefeg

- 26 -


and existing pursuant to the Gaming Regulatory Act.

6. "Electronic, computer or other technological aid" shall mean certain
Equipment including a device such as a computer, telephone, cable, television, satellite
or bingo blower and which when used: (i) is not a game of chance but merely assists
a player or the playing of the game; (ii) is readily distinguishable from the playing of a
game of chance on an electronic facsimile, and, (ii) is operated according to applicable
Federal Communications law.

7. "Enterprise" shall mean an economic entity authorized to conduct Class II
Gaming Operations and related activities authorized on the Pueblo’s Reservation pursuant
to this Bingo Ordinance, as amended, and where applicable, a Management Contract.

8. "Equipment" means the receptacle and numbered objects drawn from it, the
master board upon which such objects are placed as drawn; the cards or sheets bearing
numbers or their designations to be covered and the objects used to cover them; the
board or sign, however operated, used to announce or display the numbers or
designations as they are drawn; the public address system; and all other articles essential
to the operation, conduct, and playing of Bingo.

9. "Game Card" and "Bingo game card" means a regular or special Bingo card.

10. "Games Similar to Bingo" means any game in which players play for prizes
with cards bearing numbers or other designations, cover numbers or designations with
objects when similar numbers or designations are drawn or electronically determined and
win the game by being the first person to cover a designated pattern on such cards,
provided that the game is not a house banking game (i.e. any game of chance that is
played with the house as a participant in the game, where the house takes on all players,
collects from all losers, and pays all winners, and the house can win).

11. "Gaming Employee" means any natural person employed in the operation
or management of the Gaming Operation, whether employed by or contracted to the
Pueblo or by any person or enterprise providing on or off-site services to the Pueblo
within or without the Gaming Facility regarding any Class II gaming activity, including, but
not limited to, Key Employees, Gaming Operation employees, Management Companies,
and their Principals; and any other natural person whose employment duties require or
authorize access to restricted areas of the Gaming Operation not otherwise opened to the
public.

12. "Gaming Regulatory Act" or "I.G.R.A." means the Indian Gaming Regulatory
Act, Public Law 100-497 as codified in 25 USC § 2701 et seq.

13. "Gross Revenue" means the total revenue from the conduct of the Pueblo
Gaming Operation.


8. Revocation Hearing.

a. A licensee may appeal the suspension and/or revocation of his/ her
license to the Tribal Court by sending a written notice of appeal of the suspension and/or
revocation to the Tribal Court and the Tigua Gaming Agency no later than ten (10) days
after the licensee receives notice that his/her license has been revoked. The notice of
appeal shall clearly state the reason(s) why the licensee believes his/her license should
not be revoked.

b. Upon receipt of the notice of appeal of the license revocation, the
Tribal Court shall schedule a revocation hearing to be conducted within twenty (20) days
of receipt of the licensee's notice of appeal. Written notice of the time, date and place
of the hearing shall be delivered to the licensee no later than five days before the
scheduled date of the hearing.

c. The licensee, at their own cost, and the Tigua Gaming Agency may
be represented by legal counsel at the revocation hearing. The licensee and the Tigua
Gaming Agency may present witnesses and witnesses and evidence presented by the
opposing side.

d. The Tribal Court shall issue its decision no later than ten (10) working
days following the revocation hearing. The decision of the Tribal Court shall be final and
conclusive.

e. A copy of the Tribal Court’s decision regarding the revocation of a

license shall be sent to the Tigua Gaming Agency and National Indian Gaming
Commission.

Section 12. Background Investigations of Gaming Employees

1. Background Investigations Prior to Employment.

a. The Pueblo, prior to hiring a prospective gaming employee (including
Primary Management Officials and Key Employees), shall obtain sufficient information and
identification from the applicant to permit a thorough background investigation of the
applicant. The applicant shall provide to the Pueblo a written release authorizing the
Pueblo or its agents, to conduct a background investigation. Prior to providing such
release, Key Employees and Primary Management Officials shall be notified of their rights
under the Privacy Act as specified in 25 CFR § 556.2 and as required by 25 CFR § 522.2
(b). The Tigua Gaming Agency shall be responsible for the performance of such
background investigations. The information obtained shall include:

-17-


2. Contracts for Supplies, Services or Concessions.

Each contract for supplies, services, or concessions with a contract amount in
excess of $25,000 annually (except contracts for professional legal or accounting
services) relating to Class Il gaming activity shall be subject to the independent audit
required by subparagraph 1, above.

3. Annual Audit Report to be Provided to Commission.

The Tigua Gaming Agency shall furnish a copy of each annual gaming activities
outside audit to the Commission.

V. Violations
Section 22. Crimes; Penalties.
1. It shall be unlawful for any person to:

a. Operate or participate in gaming on Indian Lands in violation of the
provision of this Bingo Ordinance, As Amended, or in violation of rules and/ or regulations
promulgated pursuant to this Bingo Ordinance, As Amended;

b. Knowingly make a false statement in an application for employment
with a Pueblo Gaming Operation on Pueblo Tribal Lands;

c. Bribe or attempt to bribe, or unduly influence or attempt to unduly
influence, any person who operates, conducts, assists, or is otherwise employed in a
Pueblo Gaming Operation located on Pueblo Tribal Lands.

d. 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.

e. 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.

f. 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.

- 23-


YSLETA DEL SUR PUEBLO
TRIBAL BINGO ORDINANCE
NO. 00492
AMENDED ON
OCTOBER 16, 1992,
APRIL 15, 1993,

JULY 22, 1993,

AND

OCTOBER 5, 1993


Section 7. Gaming Facilities.

1. To ensure that the environment and the public safety and welfare are
adequately protected, each Gaming Facility shall be constructed and maintained in
compliance with the minimum standards of the 1988 edition of the Southern Standard
Building Code, with local amendments.

2. Each Gaming Facility shall be subject to inspection to insure compliance,
annually or on such basis as the Tribal Building inspector, or if none, Tribal Council,
determines necessary and appropriate.

3. The Pueblo shall construct, maintain and operate each Gaming Facility in
a manner that adequately protects the environment and the public health and safety.

Section 8. Persons Under the Age of Twenty-One (21), Employees Prohibited.

1. No person under the age of twenty-one (21) years shall be permitted to play
any Class II game.

2. No person who is employed at a Gaming Facility may play any game
conducted therein while on duty, except in the course of employment, on behalf of the
employer, in which event employee status shall be clearly identifiable to the patron
players.

Section 9. Prizes: Assignments and Forfeiture.

1. Non Assignable, exception.

The right of any person to a prize shall not be assignable except that payment of
any prize may be made to the estate of a deceased prize winner or to a person pursuant
to an order of the Tribal Court.

2. Forfeiture.

a. Any unclaimed prize of a Class Il Gaming Operation shall be retained
for ninety (90) days after the prize is available to be claimed. Any person who fails to
claim a prize during such time shall forfeit all rights to the prize, and the amount of the
prize shall be awarded to the Enterprise.

b. Any prize won by a person under the age of twenty-one (21) shall be

forfeited as a violation of Section 8 of this Ordinance. Any such prize shall be awarded
to the Enterprise, and the approximate consideration paid by such person shall be

-10-


regulation of Gaming Activities, or create or enhance the dangers of unsuitable, unfair, or
illegal practices and methods and activities in the conducting of gaming or the carrying
on of the business and financial arrangements incidental thereto; and,

(2) He or she has no interest in any private gaming activity on
Pueblo Tribal Lands or any activity which may have interests in conflict with the Tribal
Gaming Operations.

e. The Gaming Commissioner and members may be removed for good
cause, after written notice and opportunity to be heard by the Tribal Council. Good cause
shall exist when any condition occurs or is discovered which would exclude a person from
appointment.

3. Duties and Powers.

The Gaming Commissioner shall administer the provisions of the Bingo Ordinance,
As Amended, and shall have all powers necessary therefore. In exercise of its duties, the
Tigua Gaming Agency shall:

a. Promulgate such rules and regulations as may be necessary and
desirable for the proper implementation of the Bingo Ordinance, As Amended;

b. Identify and define the rules of play for each Class II game permitted;

Cc. License, supervise, inspect and oversee all Gaming Operations and
persons employed in Gaming Operations conducted on Pueblo Tribal Lands;

d. Carry on a continuous study and investigation of Class II gaming on
Pueblo Tribal Lands for the purpose of:

(1) Ascertaining any defects in or abuses of the standards and
regulations in the Bingo Ordinance, As Amended, or applicable rules and regulations;

(2) Formulating recommendations for changes in the standards
and regulations in the Bingo Ordinance, As Amended, and any and all applicable rules
and regulations;

(3) Preventing abuses and evasions of the standards and
regulations prescribed by the Bingo Ordinance, As Amended, and applicable rules.

e. Report to the Tribal Council on any matters related to gaming which
are deemed by the Tigua Gaming Agency to constitute an emergency requiring immediate
action;

-12-


WHEREAS, the "Guidelines to Govern the Review and Approval of Gaming
Contracts and other Gaming Activities" dated as of March 5, 1992, and promulgated by
the Assistant Secretary - Indian Affairs of the United States Department of the Interior (the
"Guidelines") requires in Section B.1 thereof, that when an Indian Tribe adopts an
ordinance concerning gaming matters it must include a resolution duly adopted by the
governing body of the tribe with a citation to the section of the tribe’s organic document
which authorizes the action; and, when the tribe lacks a formal organic document, a tribal
resolution adopted by the general council shall be required; and

WHEREAS, not possessing any organic documents as referred to in the
Guidelines, the Council intends that this Resolution shall constitute the resolution required
so that the Bingo Ordinance, As Amended, will meet and fulfill the requirements of the
Gaming Regulatory Act and of the Regulations.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Pueblo as follows:

1. The preambles hereto shall be incorporated herein and made part of the
Resolution.

2. That certain amendments to the Bingo Ordinance, As Amended, were
adopted and enacted by the Council on the 22nd day of July, 1993.

3. That this Resolution shall constitute the citation evidencing the authority of
the Council to enact and adopt the Bingo Ordinance, As Amended, as required by
Section B.1 of the Guidelines.

ADOPTED this the 22nd day of July, 1993.

By:

uthorized Officer

Title: Tribe out rwe’

ATTEST:

By: Soe =

Authorizéd Officer

Title: _ Jrllep Sceccheg

YSL14:1290 -2-


limited to any tribal employment preference ordinance), and provisions of federal law
(including, but not limited to, 25 USC §§ 2710, 2711.

Section 15. Games Permitted.

1. The Pueblo may conduct Bingo, Class II non-banking card games or a
combination of Bingo and Class II non-banking card games.

2. A Bingo facility at each Bingo Occasion shall conduct regular Bingo games
and may additionally conduct special Bingo games, and such other Class I] games as are
permitted by the Tigua Gaming Agency pursuant to the requirements of applicable law.

3. A schedule of the Class II games to be conducted must be conspicuously
posted at each entrance to a Bingo Gaming Facility each week in which games will be
conducted at least 24 hours prior to the start of the first game scheduled. The schedule
must include a statement of the fee to play and the prizes offered for each game.

Section 16. Bingo Game Cards.

The Tigua Gaming Agency shall provide the game cards to be used for each Bingo
game conducted.

Section 17. Player Limitation.

The number of persons permitted to play any Class II game shall be determined
by the Tigua Gaming Agency, except that:

1. the number of people permitted in the Bingo Gaming Facility or in any room
in the Facility shall not exceed the limitation of the number permissible under the
applicable fire, building or other safety codes or standards.

2. the number of people permitted to play any bingo game shall not exceed
the number of chairs available in the room(s) in which the game is being played.

Section 18. Entry Prohibited.

No person may enter any room in which a bingo game is being played unless the
person is a player, except Gaming Facility employees and persons present by authority
of the Tigua Gaming Agency, for purposes of inspection or regulatory duties.

Section 19. Hours of Operation; Approval by Tigua Gaming Agency.

Class Il gaming may be conducted twenty-four (24) hours a day, seven days a
week, subject to approval by the Tigua Gaming Agency.

-21-


YSLETA DEL SUR PUEBLO
TRIBAL GAMING ORDINANCE RESOLUTION TC-27-93

WHEREAS, the Tribal Council (the "Council") of the Ysleta del Sur Pueblo (the
“Pueblo") is the duly constituted traditional governing body of the Pueblo exercising all
inherent governmental powers, fiscal authority and Tribal sovereignty as recognized in
Section 101 and 104 of the Ysleta Del Sur Pueblo Restoration Act, 101, Stat. 666, Public
Law 100-89 as codified in 25 USC § 1300g (the "Restoration Act"); and

WHEREAS, the Pueblo has operated from time immemorial as a Native American
political sovereign without organic or written constitution, charter, or by-laws; and

WHEREAS, the Pueblo governs itself by oral tradition; and

WHEREAS, the civil and criminal law authority of the Pueblo is vested in the
"Council" consisting of the Cacique, the Governor, the Lieutenant Governor and five (5)
Councilmembers; and

WHEREAS, by unanimous vote, the Council determined to become involved in the
operation of bingo games as such term is defined in the Indian Gaming Regulatory Act,
Public Law 100-497 as codified in 25 USC § 2701 et. seq. (the "Gaming Regulatory Act"),
and in the Regulations (the "Regulations") promulgated thereunder by the National Indian
Gaming Commission (the "Commission"); and

WHEREAS, the Council had unanimously voted on the 6th day of May, 1992, to
adopt and enact a Tribal Gaming Ordinance No. 00492 (the "Gaming Ordinance"), to
which reference is here made and the terms thereof are incorporated herein for all
purposes as if set forth in full as to all particulars; and

WHEREAS, the Council unanimously voted on the 16th day of October, 1992, to
adopt and enact an amendment to said Tribal Bingo Ordinance No. 00492 (the "Bingo
Ordinance, As Amended"), to which reference is here made and the terms thereof are
incorporated herein for all purposes as if set forth in full as to all particulars; and

WHEREAS, the Council unanimously voted on the 15th day of April, 1993, to adopt
and enact additional amendments to said Tribal Bingo Ordinance No. 00492 (the "Bingo
Ordinance, As Amended’), to which reference is hereby made and the terms thereof are
incorporated herein for all purposes as if set forth in full as to all particulars; and

WHEREAS, the Council unanimously voted on the 22nd day of July, 1993, to
adopt and enact additional amendments to said Tribal Bingo Ordinance No. 00492 (the
"Bingo Ordinance, As Amended"), to which reference is hereby made and the terms
thereof are incorporated herein for all purposes as if set forth in full as to all particulars;
and

YSL14:1290 -1-


2. Any person who willfully or 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.

3. Any person who willfully and knowingly violates any provision of this
Ordinance or any rule or regulation authorized thereunder may have the equipment,
material and supplies used in conducting the unlawful activity impounded.

4. The Tribal Court shall have jurisdiction over all violations of the Bingo
Ordinance, As Amended. Nothing, however, in this Ordinance, shall be construed to
authorize or require a criminal trial and punishment by the Pueblo of non-Indians except
to the extent allowed or required by any applicable present or future act of Congress or
any applicable federal court decision.

5. The Pueblo shall retain the right to revoke any license of any contractor who
engages in conduct other than is authorized by this Ordinance or the contractor's
agreement with the Pueblo which involves moral turpitude, dishonesty or any act which
is punishable as a felony or misdemeanor involving moral turpitude under State or Federal
laws.

6. Any property used in the commission of a violation or a provision of this
Ordinance may be seized by the Tigua Gaming Agency or their agents. The owner of the
property shall be afforded an opportunity to object and be heard in accordance with
principles of due process. If no objection is raised, or the objection is not sustained, the
Pueblo may dispose of the seized property.

7. Any non-Indian who violates a provision of this Ordinance may be excluded
from the Indian Lands within the jurisdiction of the Ysleta Del Sur Pueblo Indian Tribe.

Section 23. Civil Penalties.

1. Any person or entity who violates any term or condition of this Ordinance
or any provision of a management contract issued pursuant to Sections 15 or of Section
22, above, may be assessed a civil fine by the Pueblo. Such fine may be assessed only
after the person or entity has been given notice and an opportunity to be heard before
the Tribal Court. Each violation shall be treated separately and may be assessed as a
separate violation.

2. The fine assessed pursuant to subparagraph 1, above, shall not exceed

$5,000.00 per violation, or twice the amount of any grand prize awarded in a gaming
activity which is directly associated with the violation, whichever is greater.

-24-


35. “Regular Bingo Card" means a board card issued to a person upon payment
of admission fee which affords a person the opportunity to participate in all regular bingo
games played at a bingo occasion.

36. "Regulations" shall mean Rules and Regulations promulgated from time to
time by the Commission pursuant to the Gaming Regulatory Act, and Tribal Regulations,
and this Bingo Ordinance, as amended, as the case may be.

37. "Reservation" means lands within El Paso and Hudspeth Counties, Texas:

a. held by the Tribe on August 18, 1987;

b. held in trust by the State or by the Texas Indian Commission for the
benefit of the Tribe on such date;

c. held in trust for the benefit of the Tribe by the Secretary under 25
USC 1300g-4(g)(2);

d. subsequent to such date, acquired and held in trust by the Secretary
for the benefit of the Tribe;

e. the term "State" means the State of Texas; and,

f. the term "Tribal Council" means the governing body of the Tribe as
recognized by the Texas Indian Commission on August 18, 1987, and such tribal council's
successors.

38. "Secretary" means the Secretary of the Department of the Interior.
39. "Special Bingo Card" means a disposable, specially marked bingo card
which affords a person the opportunity to participate in a special bingo game for special

prizes.

40. "Special Bingo Game" means any bingo game which is not a regular bingo
game and which is played with special bingo cards for special prizes.

41. “State” means the State of Texas.
42. “Tigua Gaming Agency" means such agency of the Pueblo as the Pueblo

may from time to time designate as the single Tribal agency responsible for regulatory
oversight of Gaming Operations.


refunded to such person.

ll. Administration

Section 10. Tigua Gaming Agency.

1. Establishment and Composition.

a. There is hereby created the Tigua Gaming Agency.

b. The Tigua Gaming Agency shall be comprised of a Gaming
Commissioner and four (4) members.

2. Qualifications and Appointment.

a. The Gaming Commissioner may be a person other than a tribal
member, shall be appointed by the Tribal Council, and shall possess and demonstrate
as minimum qualifications:

(1) | Knowledge and experience in the commercial gaming industry;
(2) Familiarity with the Gaming Regulatory Act;

(3) Experience in and knowledge of administration and
administrative procedure.

b. The members shall be appointed by the Tribal Council. All members
other than the Gaming Commissioner, shall be from among the Tribal membership.

c. Appointments of the Gaming Commissioner and members shall be
for a period of four (4) years, except that of the initial members one shall be one year,
one for two (2) years, one for three (3) years and one for four (4) years, which will result
in staggered appointments and provide continuity within the Agency. The Gaming
Commissioner and all members may be re-appointed for one or more successive terms.

d. No person shall be appointed to the Tigua Gaming Agency unless
the Tribal Council is satisfied that:

(1) | Heorsheis aperson of good character, honesty and integrity,
who’s prior activities, criminal record, if any, reputation, habits and associations do not
pose a threat to the public interest of the Pueblo, its members or to the effective

-1-