Orclinance No. , 09-01 

ORDINANCE 

COLORADO RIVER TRIBAL COUNCIL 

4 ; ;,rm hc.9 r: 

An Ordinance to Amend the Gaming Code of the Colorado River Indian Tribes 5 ;, ,:; 

Be it enacted by the Tribal Council of the Colorado River lndian Tribes, in special meeting 

assembled on Auqust 10.2009 

WHEREAS, the Colorado River lndian Tribes (hereinafter "Tribe") is a federally recognized 

lndian Tribe, duly organized with a tribal governing body known as the Tribal 

Council according to the provisions contained in the lndian Reorganization Act 

of June 18,1934; and 

WHEREAS, Article VI, Section l(e) of the Constitution of the Colorado River lndian Tribes 

authorizes the Tribal Council to manage all economic affairs and enterprises of 

the Tribe; and 

WHEREAS, Article VI, Section 1 (k) of the Constitution of the Colorado River lndian Tribes 

authorizes the Tribal Council to promulgate civil and criminal ordinances for the 

safeguarding of peace, order, safety and welfare on the Reservation; and 

WHEREAS, the Tribal Council wishes to amend the existing Gaming Code to ensure 

adequate due process is afforded to applicants for Tribal Gaming Licenses who 

have their applications denied by the Tribal Gaming Agency. 

NOW, THEREFORE, BE IT ENACTED by the Tribal Council of the Colorado River lndian 

Tribes that the Gaming Code is hereby amended as follows: 

The clause, "except that, in the event the Tribal Gaming Enterprise withdraws 

its Certificate of Sponsorship for the Applicant, there will be no right of appeal" 

is struck from Section 702(f); and 

BE IT FURTHER ENACTED the amended Section 702(f) shall read as follows: 

"in the event license application is denied or a license is suspended or where 

the Licensee has been denied reconsideration by the Agency after it has 

received a notice of ineligibility from the National lndian Gaming Commission, 

the Tribal Gaming Agency shall notify the Applicant or Licensee by registered or 

certified mail, return receipt requested, and shall inform the appropriate State 

Gaming Agency, giving the reasons and substantiating documentation for its 

decision. The Applicant or Licensee may then appeal such decision to the 

Hearing Officer within fifteen calendar days of the denial of such application. 

The procedures applicable to such an appeal shall be those set forth in the 

Tribal Gaming Agency's Administrative Procedure Protocol;" and 
%I2 I'i FUR'rHER ENACTED the Office of the Attorney General is directed to submit the 

amended Gaming Code to the National Indian Gaming Commission for review 

and approval in accordance with the terms of the lndian Gaming Regulatory 

Act; and 

BE IT FURTHER AND FINALLY ENACTED the Tribal Council Chairman and Secretary, or 

their designated representatives, are hereby authorized and directed to execute 

any and all documents necessary to implement this Ordinance. 

The foregoing Ordinance was on AU~US~ 0, 2009 duly approved by a vote of 3 for, against and abstaining, 

by the Tribal Council of the Colorado River lndian Tribes, pursuant to aubority vested in it by Article VI of the Constitution of 

the Tribes, ratified by the Tribes on March 1, 1975 and approved by the Secretary of the Interior on May 29, 1975, pursuant 

to Section 16 of the Act of June 18. 1934, (48 Stat, 984). This Ordinance is effective as of the date of its adoption. 

COLORADOJ?~ER TRIBAL COUNflL 
GAMING CODE 

ARTICLE I 

Table of Contents 

ARTICLE I .............................................................................................................................................................. 1 

CHAPTER 1 . LEGISLATIVE PURPOSE. INTENT AND SUMMARY OF STATUTORY SCHEME .......... 1 

Section 101 . Purpose ....................... ................................................................................................... 1 

Section 102 . Intent ........................................................................................ ., ............................................. I 

Section 103 . Summary of Statutory Scheme ............................................................................................... 1

CHAPTER 2 . DEFINITIONS ....................................................... ,. ...................-.................................... 2 

CHAPTER3 . TRXBALOWNERSHIPANDUSEOFNETREVENUE ...................................................... 5 

Section 301 . Tribal Ownership of Gaming Activities .................................................................................. 5 

Section 302 . Use of Net Revenues ...................................................... .. .................................................... 5 

CWER 4 . TRlBAL GAMING ENTERPRISE AND GAMING ENTERPRISE DIRECTOR ............... 5 

Section 40 1 . Establishment of the Tribal Gaming Enterprise ...................................................................... 5 

Section 402 . Gaming Enterprise Director ................................................................................................... 5 

Section 403 . Duties nnd Authority of the Gaming Enterprise Director ................................... ..,., ............... 6 

Section 404 . Obligations of the Gaming Enterprise Director ...................................................................... 6 

Section 405 . Appointment Eligibility and Compensation of Gaming Enterprise Director .......................... 7 

CHAPTER5 . THETRIBALGAMXNGAGENCY ....................................................................................... 7 

Section 501 . Establishment of the Tribal Gnlning Agency. and Funding ................................................ 7 

Section 502 . Appointment; Eligibility of the Executive Director of the Tribal Gaming Agency ................ 8 

Section 503 . Supervision of the Tribal Gaming Agency .............................................................................. 8 

Section 504 . [Repealed July 24, 2001, by Ord . 01 -01) ................................................................................ 9 

Section 505 . Powers and Duties of the Tribal Gaming Agency ................................................................... 9 

Section 506 . Issuance of Regulations ........................................................................................................ 10 

Section 507 . Petition for Self-Regulation ................................. ........................................................ 12 

CHAPTER 6 . LICENSES REQUIRED FOR PARTICIPATION IN THE BUSINESS OF GAMING 

ACTiVITES . 12 

Section 60 1 . Type of Licenses Required .................................................................................................... 12 

Section 602 . Standards of Suitability for the Issuance of Licenses .................................................... 12 

CHAPTER 7 . LICENSE APPLICATION PROCEDURE ........................................................................... 15 

Section 70 1 . Application Requirements .................................................................................................... 15 

Section 702 . Processing of Applications for Licenses ............................................................................ 18 

Section 703 . Special Processing for Particular License Applications; Gaming Employee's License nnd . . Gaming Facility License ............................................................................................................................... 20 

Section 704 . Fees for Licenses and Renewal of Licenses . ................................... ................................ 22 

Section 705 . License Terms; Renewal ..................................................................................................... 24 

Section 706 . Special Obligations of Corporate Licensees ......................................................................... 24 

CHAPTER 8 . FACILITY INSPECTION; REPORTING REQUIREMENTS ............................................ 24 . . Section 801 . Fac~lrty Inspection ............................................................................................................... 24 

Section 802 . Reporting Requirements ...................................................................................................... 24 

Section 803 . Independent Audit ................................................................................................................. 26 

Section 804 . Retention of Records .................................................... ................................................... 27 

CHAPTER 9 . GAMING OPERATIONS; LNTERNAL CONTROLS ....................................................... 27 . . Section 90 1 . Scope of Permissible Gaming. .............................................................................................. 27 

Sectio~l 902 . Hours, Days, Other Standards ............................................................................................... 21 
G~h.4 INC; CODE 

Seclion 903 . E~nployee aud Plclye r. Age Lirnii ........................................................................................... 27 

Section 904 . Employee Gaming ........................... .. .............................................................................. 28 

Section 905 . Publicatio~l of Payoffs ........................................................................................................... 28 

Section 906. Slot Machines and Gaming Devices ..................................................................................... 28 

Section 907 . Unsuitable Methods of Operation ......................................................................................... 28 

Section 908. Internal Controls ................................... .......................................................................... 29 

Section 909 . Detention of Persons Suspected of Illegal Acts .................................................................... 30 

Section 9 10 . Financial Services in Gaming Facilities ............................... ......................................... 31 

CHAPTER 10 . NOTICES OF VIOLATION; COMPLAINTS AND DISCIPLINARY ACTIONS ............. 31 

Section 1001 . Notice of Violation ............................................................................................................ 31 

Section 1002 . Investigation of Complaints ............................................................... ............................. ... 33 

Section 1003 . Appointment; Eligibility of the Hearing Oficer ................................................................... 33 

Sect ion 1004 . Compensation and Removal of the Hearing Officer ............................................................. 33 

CHAPTER 11 . DISPUTES; LIMiTS OF TORT LMBFLTTY TO PATRONS AND/OR OTHER 

INDIVDUAU OR ENTITIES ..................................... ,. ............................................................................. 34 

Section 110 1 . Patron Disputes .................................. ., ..., .......................................................................... 34 . . ... Section 1102 . Limits of Tort Lrablldy . ..,................... ..; ..................... 35 

Section 11 03 . Limits of Liability for Tribal Gaming Agency .................................................................... 35 

Section 1106 . Law Enforcement Services Plan ................... .. ................................................................. 35 

CHAPTER 12 . OFFENSES AND REMEDIES ......................................................................................... 35 

Section 1201 . Offenses ............................ ......................................................................................... 35 

Section 1202 . Penalties .............................................................................................................................. 36 

Section 1203 . Civil Remedies. ................................................................................................................... 36 
GAMING CODE 

ARTICLE 1 

[NOTE: Except as otherwise noted, he provisions of Article I of the Gaming Code were ellacted on August 3 1, 

1994 by Ord. No. 1. The Gnrning Code was further mended on January 8, 2000 by Ordinance 00-01; on 

January 14,2000 by Ordinance 00-02; on July 24, 2001, by Ordinance 01 -01, on April 9, 2004 by Ordinance 

04-02, and on August 10,2009 by Ordinnnce 09-a,] 

CHAPTER 1. LEGISLATIVE PURPOSE, INTENT AND SUMMARY OF STATUTORY SCHEME 

Section 101. Purpose. 

This Gaming Code is enacted to implement the decision of the Tribal Council of the Colorado River 

Indian Tribes that in addition to other revenue-generating activities engaged in by the Tribe, Gaming Activities 

shall be permitted as a source of revenue-generation by, or authorized by the Tribes on Tribal Lands. 

Section 102. Intent. 

This Gaming Code is enacted and shall be interpreted to ensure that any gaming Activities permitted on 

Tribal Lands shall: 

(a) be conducted in a manner which maintains the highest standards of honesty and integrity; 

(b) be conducted in a manner which maintains the public's confidence and trust in the honesty and 

integrity of the Gaming Activities; 

(c) be conducted in a manner which generates the maximum reasonable economic return to the 

Tribes that is consistent with the safety, comfort and fair and reasonable expectations of the patrons of such 

activities; and 

(d) be conducted in compliance with all applicable laws of the Tribes and of the United States of 

America, including but not limited to the Indian Gaming Regulatory Act of 1988, and in compliance with any 

Gaming Compacts that have been or may in the future be entered into between the Tribes and the State of 

Ariuma or the State of California. 

Section 103. Summary of Statutorv Scheme. 

This Gaming Code establishes the following statutory scheme to administer the conduct of Gaming 

Activities on Tribal Lands: 

(a) A Tribal Gaming Enterprise is herein established to conduct, manage, administer, supervise and 

controI the revenue-generating andlor business affairs of all Tribal Gaming Activities conducted on Tribal 

Lands, subject to the overall authority of the Tribal Council as more specifically set forth in Chapter 4 of this 

Gaming Code, and subject to the regulatory authority of the Tribal Gaming Agency; 

(b) A Tribal Gaming Agency is herein established to have and to administer all civil regulatory 

authority overnll Gaming Activities conducted on Tribal Lands as more specifically set foi-th in Chapter 5 and 
GAMING CODE 

following Cllapters of this Gaming Code, and 

(c) The sole of the Tribal Council in Gaming Activities conducted on Tribal Lands will be to oversee 

the activities of both the Tribal Gaming Enterprise and the Tribal gaming Agency, as more specificnIly set forth 

hereinafter, and to mediate between those entities in the event such mediation becomes necessary. 

CHAPTER 2. DEFINITIONS. 

For purposes of this Gaming Code: 

(a) "Act" means the Indian Gaming Regulatory Act of 1988, Public Law 100-97, 25 U.S.C. 

88 2701 -2721 md 18 U3.C. 48 1166-1 168, and all regulations promulgated pursuant thereto. 

(b) "Administrative Piaocedure Protocol" mas the set of procedures adopted by the Tribal 

Gaming Agency, subject to approval by Tribal Council, to govern the promulgation of its regulations, the 

conduct of its hearings and disciplinary actions and the perfection of its appeals process, 

(c) "Class I Gaming" means all forms of gaming defined as Class I in Section 4 (6) of the 

Act, 25 U.S.C. 8 2703 (6). 

(d) "Class II Gaming" means all forms of gaming defined as Class II in Section 4 (7) of the 

Act, 25 U.S.C. 4 2703 (71, 

(e) "Class 111 Gaming" means all ionns of gaming as defined in Section 4 (8). 

(f) "Compact" means any Tribal-State Compacts entered into between the Colorado River 

Indian Tribes and the State of Arizona or State of California for the purpose of regulating Class IIl Gnrning 

activities conducted on Tribal Lands, and all amendments and modifications thereto, pursuant to Section 11 Id) 

of the Act, 25 U.S.C. 3 2710 (d). 

(g) "Hearing Officer" means the individual(s) designated to preside over the administrative 

proceedings initiated pursuant to the Administrative Procedure Protocol. 

(h) "Distributor" means a person who distributes Class III Gaming Devices andlor 

component parts thereof. 

(i) "Executive Director" means the Executive Director of the Tribal Gnrning Agency. 

(j) "Gaming Activity," unless specifically stated otherwise, means all forms of Class I, I1 or 

111 Gaming conducted within Tribal Lands. 

(k) "Gaming Device" means an electronic game of chance, defined as follows: a 

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

affected by skill, which device is activated by the insertion of a coin, currency, tokens, or by the use of a credit, 

and that awards game credits, cash, tokens, or replays, or a written statement of the player's accumulated credits, 

which wsitteiz statements we redeemable for cash. Game play may be displayed by (i) video facsimile or (ii) 

mechanical rotating reels whereby the software of the device predeteimines the stop positions and the presence, 
GAWlINC; CODE 

or lack thereof, of n wj~uling combina~ion and pay ou~, if any. 

(1) "Garniug Employee" means (i) any natural person employed as a primary management 

vfiicial or key employee of a Gaming Operation. (ii) agents of Ihe State Gaming Agency of California or 

Arizona; and (iii) any natural pel-son employed in the operation of a Gnming Operation, including, but nor 

Iirnited to, my person whose employment duties require or authorize access to restricted areas of a Gaming 

Facility not otherwise open to the public. 

(m) "Gaming Facility" means the buildings or structures licensed nnd approved by the Tribal 

gaming Agency in which Gaming Activities are condrtcted. 

(n) "Gaming Facility Operator" means the Tribal Gaming Enterprise or such other wholly 

owned Tribal entity having full authority and responsibility for the operation and management of Gaming 

Activities on Tribal Lands, 

(o) "Gnming Operation" means the total activities carried on by the Tribai Gaming Enterprise 

or such other wholly owned entity having full authority and responsibility of the operation and management of 

Gaming Activities on Tribal Lands. 

(p) "Gaming Code" or "Code" means this Gaming Code, which governs the conduct of all 

Gaming Activities on Tribal Lands, including all amendments thereto, and all regulations promulgated by the 

Tribal Gaming Agency thereunder. 

(q) "Gaming Services" means the provision of any goods or services to a Gaming Facility 

Operator directly in connection with the operation of Clnss II or Class III Gaming in a Gnming Facility, 

including, but not limited to, equipment, merchandise, transpo~tatiori, food, linens, janitorial supplies, 

maintenance, or security services for the gaming Facility, in an aggregate of more than $10,000 per month. 

(r) "Keno" means a house banking in which a player selects from one to twenty numbers on 

n card that contains the numbers one through eighty. Tlie house randomly draws twenty numbers and players 

win if the numbers they selected correspond to the numbers drawn by the house, with the house paying all 

winners, if any, and collecting from all losers. 

(s) "Key Employee" means a Gamiug Employee who performs one or more of the following 

functions: bingo caller; counting room s~rpervisor, chief of security, custodian of gaming supplies or cash; floor 

manager; pit boss; dealer; croupier; approver of credit; or custodian of gambling devices including persons with 

access to cash and accounting records within such devices, In addition, my other person whose total cash 

compensation from the Garning Operation is in excess of $50,000 per year, and the four most highly 

compensated persons in the Gaming Operation, shall also be deemed "key employees." 

(t) "License" means an approval issued by the Tribal Gaming Agency to any natural person 

or enterprise to be involved in the Gaming Operation ox in the providing of gaming services to any Gaming 

Operation. 

(u) "Lice~~see" means nlly natural person or enterprise who has been licensed by the Tribal 

Gaming Agency to be involved in the Gaming Operation or in the providing of gaming services to the Gnrning 

Operntion. 
(v) "Mnnagemeut Contract" means a rnanagemerlt contract within the n~eaniiig of the Act, 25 

U.S.C. 45 2710 (d)(9) and 27 I 1. 

(w) "Management Contractor" means a natural person or entity thnt hns entered into a 

Management Contract as contemplated under the provisions of the Act, 25 U.S.C. §# 27 10 (d)(9) and 27 1 1. 

(x) "Net Revenue" means the gross revenues of any gaming activity less amounts paid out as, 

or paid for, prizes and total operating and capital expenses. 

(y) "Office of Attorney GenernI" means the Office of the Attorney General of the Colorado 

River Indian Tribes; 

(z) "Primary Management Official" means the person having management responsibilities 

under a Management Contract, or any person who hns authority to hire and fire employees or to set up working 

policy for the Gaming Operatian; or the chief financial officer or other persons or persons having finnncial 

management responsibility for a Gaming Operation. 

(aa) "Principal" means with respect to any entity; (i) each of its officers and directors; (ii) each 

of its principa1 management employees, including my chief executive officer, chief financial officer, chief 

operating officer, or general manager, (iii) each of its owners or partners, jf an unincorporated business; (iv) 

each of its shareholders who own more than ten percent (10%) of the shares of the corporatiori, if a corporation; 

and (v) each person other than a banking institution who has provided financing for the entity constituting more 

than ten percent (10%) of the total financing of the entity. 

(bb) "State" means the State of Arizona or State of Califoi-nia and the autl~orized officials, 

agents and representatives of each of those States, respectively. 

(cc) "StateGamingAgency" means theagencies of thestate ofArizona or of thestateof 

California which may from time-to-time be designated by written notice to the Tribes as the single agency of its 

respective State having the authority to act on behalf of its State regarding such State's role in the Tribe's 

Gaming Activitias and Operations. 

(dd) "Tribnl Council" means the Colorado River Tribal Council, as empowered and 

established by Article IV, Section 1 of the Constitution of the Colorado River lndian Tribes. 

(ee) 'Tribal Gaming Agency" means the regulatory entity established by this Gaming Code to 

hnve and to administer all civil regulatory authority over all Gaming Activities conducted on Tribal Lands. 

(Ff) "Tribnl Gaming Enterprise" means the entity of the Tribes established by this Gaming 

Code to conduct all Gaming Activities on Tribal Lands. 

(gg) "Tribal Lands" means the territory within the jurisdiction of the Colorado River lndian 

Tiibes, as set forth in Article X of the Constitution of the Colorndo River lndian Tribes, including territory which 

may be acquired by the Tribes in the future. 

(MI) "Tribes " means the Colorado River Indian Tribes. 
GAMING CODE 

(iij "Gaming Floor" means the area where Gflrning Devices andlor any areas designated for 

Bingo or Card Gnlnes. This pl.ovision shall not be construed to prohibit minors from passing through the 

Gaming Floor when accolnpanied by their parent or guardian. 

[As nmended, May 5, 1995; and on July 24,2001, by Ord. 0 1-01 .I 

CHAPTER 3. TRI3AL OWNERSHIP AND USE OF NET REVENUE. 

Section 301 . Tribal Ownership of Gaming Activities, 

A11 Class I, Class 11, and Class 111 Gaming Activities within the Tribal Lands shall be owned entirely by 

the Tribes and conducted and operated by a Tribd Gaming Enterprise under the direction of the Gaming 

Enterprise Director, except that Class I and Class 11 Gaming Activities my be authorized to be conducted by 

other entities on a per-event, charitable basis, pursuant to issuance of a permit by the Tribal Gnming Agency, 

appIying licensing standards that are nt least as restrictive as those established by State law governing gaming 

within the jurisdiction of the surrounding State. 

[As amended, September 13, 1994; January 8,2000, by Ord. 00-0 1 ; and January 14,2000, by Ord. 00-02.1 

Section 302. Use of Net Revennes. 

The net revenues received by the Tribal Gaming Enterprise fiom all Gaming Activities shall be 

deposited into a Gaming Enterprise Fund controlled by the Tribes through Tribal Council, and shall be utilized 

exclusively for one or more of the following purposes, according to periodic resolution of the TribaI Council: 

(a) to fund government operations or programs of the Tribes; 

(b) to provide for the general welfare of the Tribes and members of the Tiibes; 

(c) to promote the Tribe's economic development; 

(d) to benefit charitable organizations within the Tribal Lands; and 

(e) to make per capita payments to members of the Tribes upon the preparation of a plan to allocate 

revenues consistent with the requirements of the Act and nppl-oval of his plan by the Secretary of the Inlerior. 

CHAPTER 4. TRIBAL GAMtNG ENTERPRISE AND GAMING ENTERPRISE DRECTOR 

Section 401. Establishment of he Tribal Gaming Enterprise. 

There is hereby established an enlevrise of the Tribes to be known as the Tribal Gaming Enterprise. 

The Tribal Gaming Enterprise shall condlict all Tribal Gaming Activities licensed on Tribal Lands, shall be the 

exclusive Giuning Facility Operator licensed to corlduct n Gaming Operation on Tribal Lands, and shalI be 

wholly-owned by the Tribes. 

Section 402. Gamine Enterprise Director.