Wy

pAOVF CVS 18.99 FRA

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, CHESTNUT LAW OFRICE .

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i
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investigations shall be available for inspection by the Nambé Gaming
Commission and the National Indian Gaming Commission for at least three
years from the ending date of emplo ent for each employee.
|

Eligibility. The Nambé Gaming Commission shall make a determination of
cligibility for issuing a gaming license on the basis of the application and any
background investigation report. |

B. Key Employees and Primary Management Officials,

1.

Review of Prior Activities. The Nambé|Gaming Commission shall review a
person's prior activities, criminal rd, if any, reputation, habits and
associations to make a finding conceming the eligibility of a key employee or
primary management official for employment in a gaming operation. If the
Nambé Gaming Commission determines that employment of the person
Poses a threat to the public interest or to the effective regulation of gaming, or
creates or enhances dangers of unsuitable, unfair, or illegal practices and
methods and activities in the conduct of gaming, Nambé gaming operations
shall not employ that person in a key employee or primary management
official position. _ : :

Procedures for Forwarding Applications and Re} forK loyees and
Primary Management Officials to the National Indian Gaming Commission,

(a) Whenakey employee or primary management official begins work at
8 gaming operation authorized by this ordinance, the Nambé Gaming
Commission shall forward to the National Indian Gaming
Commission a completed application for employment and conduct
the background investigation and make the determination referred to
above, |

|

_ 40197030

Cc,

(b)

(©)

Notice to Applicants. The following notices

The Nambé Gaming Commis’
National Indian Gaming Commi
key employee or primary manage
sixty (60) days of the approval o

on shall forward a report to the
ssion within sixty (60) days after a
ment official begins work or within
f this ordinance by the Chairman of

the National Indian Gaming Commission, whichever is later.

The gaming operation shall not
management official, a person

ploy, as a key employee or primary
tho does not have a license after

ninety (90) days of application for a Nambé Gaming License.

hall 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
provided: Solicitation of the information on this form is authorized by 25

14

‘

\
ae information is


OE SN MONE BE EEE IIE EEE ETS wee ee . “

c. Has credit or other problems revealed by a credit check or background investigation,

Each Nambé Gaming Commissioner must be open-minded and committed to the best interest of the
entire Pueblo of Nambé. Each Commissioner shall complete|an employment application form and
privacy waiver providing background information and allowing investigation as desired by the
Pueblo. :

3.05 Officers. The Commission shall select, by majority vote, one of the members of the
Commission to serve as Chairman, and another to serve as Vice-Chairman. Another member shal]
serve as Secretary. The Vice-Chairman shall serve as Chair during meetings of the Commission in
the absence of the Chairman, The Chairman of the Nambé|Gaming Commission shall serve as
liaison to the Tribal Administration and Tribal Council. '

3.06 Procedures of the Gaming Commission.

A. Meetings, The Nambé Gaming Commission shall meet at the call ofthe Chairman or
a majority of its members, but shall meet at least once every month.

1. Regular Meetings. Regular meetings of the Gaming Commission may be
held upon such notice, or without notice, and at such time and place as shall
from time to time be fixed by the Gaming Commission. Unless specified by
the Gaming Commission, no notice of such regular meetings shall be
necessary. ;

2. Special Meetings. Special meetings of the Gaming Commission may be
called by the Chairman or any two Commissioners of the Gaming
Commission. The Chairman or Vice-Chair shall fix the time and place ofthe
Special meeting. Neither the business ta be transacted at, nor the purposes of,
any regular or special meeting of the Gaming Commission need to be
specified in the notice of the meeting, |

B. Quorum and Voting. Two members of the Nambé Gaming Commission, at least one
of which is the Chairman or Vice-Chairman shall constitute a quorum. The vote ofa
majority of the Commission shall be the act of the Nambé Gaming Commission.

c. Action by Telephone or Polling. Approval of: action telephonically or by polling is
also authorized. ‘

D. — Notice of Gaming Commission Action. No action of the Gaming Commission to
impose a penalty pursuant to this ordinance or to revoke a gaming license shall be
valid unless the person affected is given at least seven (7) calendar days’ notice of the
Proposed action and opportunity to appear and to be heard before the Gaming
Commission, either in person or through a entative or legal counsel, and to
submit such evidence as the Commission deems relevant to the matter at issue, No
notice is necessary to suspend a gaming license, but a revocation hearing must be
held within ninety (90) days or the suspension shall be discharged automatically.

8


wi eve eve’ ft

TeV TAR STO ETS

primary management official is not eligit
(B)(1) above, the Nambé Gaming Comm
shall notify the licensee in writing of
revocation.

The Nambé Gaming Commission ‘shall
place for a hearing on the proposed revo

After a revocation hearing, the Nambé G
revoke or to reinstate a gaming license.
shall notify the National Indian, Gar
conceming each key employee or prima

4. Any Nambé Pueblo gaming license may

4.07 Cost of Investigations, Key employees, primary managt

VHEOIRVL Ean errs

se

ble for employment under subsection
ission shall suspend such license and

the suspension and the proposed

notify the licensee of a time and a
cation of a license.

Saming Commission shall decide to

The Nambé Gaming Commission

ning Commission of its decision
ry Management official.

be suspended or revoked for cause.

ement officials, and contractors that

require background investigation pursuant to IGRA or in the judgment of the Pueblo, shall pay the

full cost of such investigations.

4.08 License Fees, The Nambé Gaming Commission shall
license application. A current license fee schedule shall be a
request, and shall be supplied to each applicant as part of the li

4.09 Temporary License. The Nambé Gaming Commissi
Director may issue a temporary gaming license to individual:
Nambé Gaming application and a notarized Release of Inform
sufficient to disqualify the applicant are apparent on the ap
preliminary background check shall be conducted by the Com
gaming license. A valid gaming license issued by another tri
gaming, and which is in good standing with that jurisdiction, ma
Any temporary license shall be valid for ninety (90) days, or fiv
teports have all besn provided to the Commission, whichever th
best interest of Nambé gaming. A temporary license may be ren
Commission at any time, for cause.

ilable from the Commission upon
se application papers.

mae fn fee for processing each

on through its Chair or Executive
s who have completed a notarized
nation form except where grounds
plication. For key employees, a
mission before issuing a temporary
be or state which permits Class II
ly be used to satisfy this requirement.
e (5) days after federal background
2¢ Commission determines is in the
ewed, revoked or suspended by the

4.10 Licensing Providers of Gaming Equipment, Devices, ot Supplies.

A

and identification from the proposed seller or
direct and indirect financial interest in the Jess

Required, The Nambé Gaming Commission shall have responsibility for licensing
providers of gaming devices and supplies, inchi
State Gaming Compact. The Gaming Commissio;

iding those required by the Tribal-
n Shall obtain sufficient information
lessor and all persons holding any
x or the lease/purchase agreement

conceming gaming equipment, devices or supplies, to allow the Gaming Commission

to make an informed decision.

All providers of supplies, services, and concessii
in total exceed $25,000 annually (except

18

with one or more contracts which
tracts for professional legal or

Mvedivev


ee eee ee SEROPNGr het VPP LUE

3.07
3.08

3.09
3.10
3.11

3,12-

3.13
3.14
3.15

HBO OO BP

FE. Rules and Procedures
Compensation
Powers and Duties of the Nambé Gaming Commission
Oversight of Gaming Activities
Inspect and Copy
Audit
Witness Testimony
Reports to Governor, Tribal Council, Nambé Public
. Education
Review of Plans
Gaming Regulations .
Technical Standards 11
Health, Safety and Security Standards
Civil and Criminal Actions
Operational Budget
Orders
Director
Gaming Compact Regulation
Appeals to Tribal Court
Patron Disputes

CHAPTER IV. GAMING LICENSES AND INVESTIGATIONS

4.01
4.02
4.02
4.03
4.04

4.06

4.07
4.08

Authority

Investigations

Standards

Gaming Licenses

License Conditions

A. Term

B. Form

Cc. Display of License

Procedures

A. All Gaming Employees
1 Application of Employment
2. Eligibility

B. Key Employees and Primary Management Officials

1 Review of Prior Activities

2. Procedures for Forwarding Applications and Reports for Key
Employees and Primary Management Officials to the National
Indian Gaming Commission

Notice to Applicants

Background Investigations

Report to the National Indian Gaming Commission

Granting a Gaming License

License Suspension and Revocation

Cost of Investigations

License Fees

ammoa

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WA VUS/0380


D.

Ba

oes

ain SET OE of . ivevivev
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U.S.C.A. 2701 ct seq. The purpose of the ested information is to
determine the eligibility of individuals to be employed in the Nambé gaming
operation, The information will be used by National Indian Gaming
Commission members and staff who have need for the information in the

regulatory agencies when relevant to civil, criminal or regulatory
investigations or prosecutions or when pursuant to a requirement by the
Pueblo of Nambé 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
@ gaming operation. Failure to consent to the disclosures indicated in this
notice will result in The Pueblo of Nambé Gaming Enterprise being unable to
hire you in primary management official or key employee position.

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

A false statemeat on any part of your application may be grounds for not
hiring you, or for firing you after you begin work. you may be punished

by fine or imprisonment, (U.S. Code, title 18, seton 1001)

I
‘ound Investigations. |
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- The Pueblo shall'request from each primary management official and each
key employee all of the following information;
|

(a) Full name, other names used] (oral or written), social security

number(s), birth date, place of birth, citizenship, gender, all languages
(spoken or written);

(b) Currently and for ‘the previous ten (10) years: business and
employment positions held, o ip interests in those businesses,
business and residence addresses, and drivers license numbers;

(c) 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 paragraph
(b) of this section; :

(4) Current business and residence iblephone numbers;
|

(©) 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; ,

(g) The name and address of any li ing or regulatory agency with
which the person has filed an application for a license or permit

15 |
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FOUFCUNE 14.956 FAA

2.

B4502esd GRESTRUL Lin UFr)

Any house banked game, including but

ite

not limited to:

carat, chemin de fer; black jack (21)

(@) —_‘ Card games such as bace
and poker;
@)
(c) — Slot machines,
Lotteries.

Casino games such as roulette, craps and keno;

6.02 Tribal-State Gaming Compact. Gaming permitted under this ordinance shall be restricted by
the Tribal-State Gaming Compact signed by the Pueblo of Nambé and signed, deemed or otherwise
approved by the Secretary of the Interior, pursuant to the Indi
Class Il gaming, as defined in the federal IGRA, is authorized only to the extent that a gaming
compact is signed by the Pueblo and signed, deemed or otherwise approved by the Secretary of the

Interior.

6.03

Scope of Gaming. The scope of gaming at any licensed,

an Gaming Regulatory Act (IGRA).

site shall be decided by the Gaming

Enterprise, after approval by the Nambé Gaming Commission, subject to review by the Nambé

Tribal Council.

CHAPTER VII.

7.01 |

A.

PROHIBITED ACTS; JURISDICTION.

Prohibited Acts and Penalties.

prohibited acts including, but not limited to:

1.

The conduct or participation in any gi
than small bingo games or games condi

Prohibited Acts, It shall be a violation of this- Ordinance for any person to perform

activity on Pueblo Lands other
at a licensed Gaming Site.

Receiving, distributing, applying or diverting any property, funds,
proceeds, or other assets of a Gaming Operation to the benefit of any
person except as authorized by this Ordinance, the Tribal-State Gaming

Compact, or applicable law.

Any intended act, such as tampering, with any gaming devise or gaming
equipment used in the conduct of any gaming activity with the intent to cause

any person to win or lose any wager
publicly-announced and approved rules

other than in accordance with the
of a gaming operation.

Altering or misrepresenting the outcome of other events on which wagers
have been made after the outcome is made sure but before it is revealed to the

players.

Placing, increasing or decreasing a bet or|determining the course of play after

21

i 926/000


mf

sv ee ome Seow ee nes

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eligibility determination made under subsection (B)(1) of this section.
3. Ifa license is not issued to an applicant, the Nambé Gaming Commission:

(a) Shall notify the National Indian|Gaming Commission; and

(b) May forward copies of its eligibility determination and investigative
report (if any) to the National Indian Gaming Commission for
inclusion in the Indian Gaming Individuals Records System.

4.” With respect to key employees and primary manageinent officials, the Nambé ~
Gaming Commission 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.

F, Granting a Gaming License.

“L Tf, 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 by a key employee or a primary management

official for whom the tribe has provided an application and investigative

report to the National Indian Gaming Commission, the Nambé Gaming
Commission may issue a license to such applicant.

|

2. The Nambé Gaming Commission 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 (g)(1) of this section until the Chairman of the National
Indian Gaming Commission receives the additional information.

3. If, within the thirty (30) day period described above, the National Indian
Gaming Commission provides the Nambé Gaming Commission with a
statement itemizing objections to the issuance of a license to a key employee
or to a primary management official for whom the Nambé Gaming
Commission has provided an application and investigative report to the
National Indian Gaming Commission, the Nambé Gaming Commission shall
reconsider the application, taking into unt the objections itemized by the
National Indian Gaming Commission, The Nambé Gaming Commission
shall make the final decision whether to issue a license to such applicant.

G. _—_ License Suspension and Revocation. |

1, If, after the issuance of a gaming license, the Nambé Gaming Commission
teceives from the National Indian Gaming Commission or elsewhere reliable
information indicating that any savior especially a key employee or a

17



Séenvievvr fttewwres  SEeeere eho te ae ae . a <a)

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Gaming Commission may employ, and to conduct hearings, investigations, and otherwise act on
behalf of the Gaming Commission as authorized by the Gaming Commission. The Director shall be
responsible for coordination of the functions of the Gaming Commission and other federal, state, and
local agencies as necessary. |

3.13 Gaming Compact Regulation.

A. The Nambé Gaming Commission, referred to as the tribal gaming agency in the
gaming compact signed with the State of New Mexico, will assure that the Pueblo
will; . : i .

Lo Operate all Class TI gaming pursuant to the Tribal-State Gaming Compact,
tribal law, the IGRA and other applicable federal law;

2. Provide for the physical safety of patrot s in any gaming facility;

3. Provide for the physical safety of personnel employed by the Gaming
Enterprise; :

4, Provide for the physical safeguarding of assets transported to and from the
gaming facility and cashier’s cage department;

5. Provide for the protection-of the property of the patrons at Gaming Site(s)
from illegal activities;

6, Participate in licensing of Primary Management Officials and Key Employees
of a Class Ill Gaming Enterprise; |

7. Provide for detention of people who may be involved in illegal acts for the
purpose of notifying law enforcement authorities; and

8. Record and investigate any and all unusual occurrences related to Class II
gaming within the Pueblo of Nambé. i

|

B. The Commission shall have responsibility for satisfying all regulatory requirements
accepted by the Pueblo of Namibé by terms of a gaming compact signed by the
Pueblo and in effect under the terms of the IG: LA.

3.14 Appeals to Tribal Court. Any person aggrieved by the final action of the Gaming
Commission, may file an appeal to the Tribal Court, The Tribal Court shall not take new evidence; it
shall base its decision on the record made before the Gaming Commission. The Tribal Court may
send any appeal back to the Commission for further fact-finding or reconsideration or both. An
action of the Gaming Commission shall not be reversed unless it is arbitrary, capricious or otherwise
contrary to law. A person may file a notice of appeal, stating the specific basis of the appeal and pay
any court fees. Notice of Appeal shall also be delivered to th Gaming Commission which shall,
upon receipt of a Notice of Appeal deliver the administrative record to the Tribal Court for review.
Upon receipt of a notice of appeal, the court clerk shall schedule a hearing before the Tribal Court.

- The final decision of the Tribal Court shall end the tribal appeal process.
|

3.15 Patron Disputes. Any patron dispute tegarding gaming activity or health and welfare of
gaming patrons shall be resolved by the Gaming Commission. Upon written notice of dispute by the
affected patron, the Gaming Commission shall conduct an investigation and hearing of the dispute,
The Gaming Commission shall then, based upon the investigation and hearing, make a determination

12 |
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SEE

Chapter II.

A.

Oe aoe _ saeorime eee ae .  BBv¥orVoV

(63) Security Department; and
(g) Surveillance Department.

2. Any person who has the authority to hire or terminate supervisory casino
personnel;

3. Any person having a financial management responsibility;

4. Any person whose total cash compensation is in excess of $50,000 and whose
duties are not indicative of a key employee.

"Pueblo" means the Pueblo of Nambé.

“"$mall Bingo Game" means a bingo game or games conducted or operated by a

non-profit organization that is played for prizes of minimal value and approved by
the Governor,

"State" means the State of New Mexico.

"Tribal bingo game" means a bingo game or games conducted or operated by the

Nambé Pueblo in accordance with the regulatory procedures and all applicable
provisions of this Ordinance. - -
“Tribal-State Gaming Compact” means a gaming compact between the Pueblo of
Nambé and the State of New Mexico that is approved by the Secretary of the Interior
pursuant to the Indian Gaming Regulatory Act| which is in effect.

NAMBE TRIBAL GAMING

2.01 Gaming Limited.

Gaming is limited to games conducted and operated by the Nambé Pueblo in
accordance with the provisions of this ordinance.

No person may hold, operate or conduct any Gaming authorized by this Ordinance
within the boundaries of the Nambé Pueblo except a small bingo game conducted or
operated by a non-profit organization in accordance with the provisions of this
ordinance. ;

2.02 Authorization. The Nambé Pueblo may hold, operate and conduct a Gaming Operation at
site(s) that are approved by the Governor and the Tribal Council, for such Gaming Operation(s),

. provided that the conduct of such games may not reduce, endanger, interfere with or harm tribal
revenues, land use, or the public welfare of Nambé Pueblo.

| 2.03 Site Permits.

A.

Permit Required. Gaming regulated by this Ordinance may take place only at a site
which has a Site Permit for gaming at Nambé. ;
4 i


His ovi evr Ee SO PAA OUTS , PREOINY) An UrPive a

PUEBLO OF NAMBE |
GAMING ORDINANCE
2004

Chapter. GENERAL

1.01 Purpose. The Purpose of the Pueblo of Nambé ("Nambé") Gaming Ordinance is to
accomplish the following:

A.

B.
Cc.
D

To legalize and regulate the operation, conduct and playing of Class II

and Class TIT Gaming on Nambé Lands; :

To produce revenue to support tribal programs which promote the health,
education and welfare of the Nambé people;

To promote tribal economic development, self-sufficiency and strong tribal
government; and

To assure that gaming conducted on the Nambé Pueblo is licensed, controlled
and assisted to protect the public health, safety, morals, good order and -
general welfare of the Nambé community and its patrons.

1.02 Sovereign Immunity Preserved. Nothing in this Ordinance shall be construed as a waiver of
sovereign immunity of the Pueblo of Nambé, nor shall any other entity described in this
Ordinance be empowered to grant a waiver of sovereign immunity on behalf of the Pueblo.

1.03 Ownership. The Pueblo of Nambé will have the sole proprietary interest and responsibility
for the conduct of any federally-regulated gaming activity within Pueblo boundaries, except small
bingo games as allowed by this Ordinance.

1.04 Definitions. In this ordinance, unless the context otherwise Tequires:

A

"Class I Gaming" means social games played solely for prizes of minimal yalue or
traditional forms of Indian gaming played by individuals in connection with tribal
Pueblo ceremonies or celebrations.

“Class II Gaming" means the game of chance, commonly known as Bingo or Lotto,
whether or not electric, computer, or other tecHinological aids are used, in which:

1. Players play for prizes or money with cards bearing numbers or other
designations;
2. Players cover numbers or designations when such numbers or designations

are drawn or electronically determined; and
3. Players win by being the first person to cover a previously determined
atrangement of numbers or designations.

"Class I Gaming" means all forms of Gaming that are not identified as Class II
Gaming and are permitted by the Tribal-State Compact including but not limited to
house banking games such as Baccarat, Blackjack, Pai Gow; casino games included
but not limited to Roulette, Craps, and Keno; Slot machines as defined in §15 USC

1

VUGEV SY


BEE OE EN I EIEIO OS ENE

CHEST HME Bag VPPIbe

4.09 Temporary License
4.10 Licensing Providers of Gaming Equipment, Devices, or Supplies
A. Required
B Licensing Standards
on License Suspension and Revocation
D Vendor License Fee

CHAPTER V. OPERATION OF GAMES

5.01 Inspections
5.02° Hours

, 5.03 Prize Limits

5.04. Bingo Operation
5.05 Playing Prohibited
5.06 Applicability

5.07 Security

CHAPTER VI. SCOPE OF GAMING.

* 6.01 Games Permitted

A. Bingo, Pull Tabs, etc

B. Casino gaming .
6. 02  Tribal-State Gaming Compact
6.03 Scope of Gaming

CHAPTER VIL PROHIBITED ACTS; JURISDICTION.
7.01 Prohibited Acts and Penalities

A. Prohibited Acts

B. Criminal Penalties

Cc. Civil Penalties
7.02 Jurisdiction

| CHAPTER VII. SEVERABILITY AND AMENDMENT
|8.01 Severability
8.02 Amendment

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a ee ed SAESTRUT bak SPhtoe . Mviofvev
Hl

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as to validity of the dispute and, if appropriate, decide any compensation thereof.
CHAPTER IV. GAMING LICENSES AND INVESTIGATIONS

4.01 Authority. The Gaming Commission has the authority m issue, suspend, and revoke licenses
in accordance with this Ordinance. A Nambé Pueblo Gaming License is valid after signature by the
Nambé Gaming Commission.
;
4.02 Investigations. The Gaming Commission may conduct investigations, hearings, inquiries,
compel the production of any information or documents, or otherwise exercise the investigatory
, Powers necessary to carry out its duties under this ordinance, _
i}

4.03 Standards, The Nambé Gaming Commission may not issue a Nambé Pueblo Gaming License
to any person whose prior activities, criminal record, if any, or tion, habits or associations pose
a threat to the public interest or to the effective regulation of gaming at Nambé. No license shall be
issued to any person who may create or enhance the dangers of unsuitable, unfair, or illegal practices
and methods and activities in the conduct of gaming at Nambé.
. |

4.04 Gaming Licenses, Every regular employee involved in gaming at Nambé must have a valid
gaming license issued by the Nambé Pugblo Gaming Commission within ninety (90) days of their
employment, Any person not receiving a Nambé Pueblo Ganting License within that time period
shall be terminated. Until an employee receives a Nambé Pu Gaming License that individual

shall be considered on probation subject to dismissal with or without cause.
|

4.05 License Conditions. |

A. Term. A Nambé Pueblo Gaming License shall be valid for three (3) years.
Application for renewal requires another employment application and background
investigation. |

B. Form. Each Nambé Gaming License shall be in the form ofan identification badge
with a photograph, the name of the license holder, and the words NAMBE PUEBLO
GAMING LICENSE clearly shown. |

|
|
[on Display of License, Every person who holds, operates or conducts, or assists in
holding, operating or conducting Class II or Class TI Gaming shall wear their license
clearly visible while they are working at any Nambé Gaming site permitted pursuant
to this Ordinance.

4.06 Procedures. The following procedures must be followed in order to obtain a Nambé Pueblo
Gaming License.

A. All Gaming Employees |

1. Application of Employment. Every eriployee within the Nambé Gaming
Enterprise shall complete an ‘appropriat employment application form. All

applications for employment and reports (if any) of background
13


BE EN EE IIE EOS TS Seon eae we eee I VvefVov

duties are not indicative of a "primary management official”.

L. “Lands” means all lands within the exterior boundaries of the Pueblo of
Nambé, including rights-of way, lands owned|by or for the benefit of the Pueblo,
allotted lands, tribally purchased lands, and lands that may be leased by the
Pueblo of Nambé.

M. Licensee" means any person holding a valid and current gaming license pursuant to
the provision set forth in this ordinance.

N. “Management Contract" means any contract, subcontractor collateral agreement
between the Pueblo and a contractor or between a contractor and a sub-contractor, if
such contract or agreement provides for the management of all or part of the gaming
operation.

oO. "Management Contractor" means. any person who enters into a Management
Contract, a collateral agreement realting to gaming activity, with the Pueblo of
Nambé: :

P. “Management Fee" means any amount paid from gaming revenue to any person or
entity contracted and/or licensed to operate a gaming facility, excluding fees for
operating expenses,

Q "Net Revenues" means gross gaming revenues of the gaming operation less those
amounts paid out as or paid for prizes and total gaming related operating expenses
excluding management fees.

R. "NIGC" means the National Indian Gaming Commission.
Ss. "Ordinance" means the Pueblo of Nambé Gaming Ordinance.

T. "Person" means a natural person, firm, association, corporation or other legal entity,
except the Pueblo of Nambé.

U. "Premises" means any facility where Class II or Class m1 gaming is being conducted,
including all buildings and equipments used in connection with such gaming.

v. "Primary Management Official" means

1 Any person having management responsibilities for the gaming operation or a
management contract possessing the authority and responsibility to manage
one or more of the following types of departments of the gaming operation,
including but not limited to the following:
(a) Accounting Department;
(6) Food and Beverage Department;
(c) Cage Department;
@ Personnel Department; :
(e) Sales and Marketing Department;

3 i


B.

federal law.

game.

A,

Nambé Accounting Manager, auditors, National Indian
and Nambé Police Chief.

HEE SVE CNT TE. IO TAA OFuNL<as GHESIAUL Lian y- . Oecd /050

accounting services) relating to Nambé gaming shall be subject to licensure. The
Gaming Commission shall also have authority to license a small vendor if that is in
the best interest of the Pueblo of Nambé, |

B. Licensing Standards. The Gaming Commission will apply the same standards for the
licensing of vendors as are applicable under this ordinance for gaming employee
licenses.

Cc, License Suspension and Revocation. The provisions of this ordinance applicable to
employee licénse, suspension and revécation shall apply to the suspension and
revocation of any vendor’s license issued under this subsection.

D. Vendor License Fee. Each person applying to the Nambé Gaming Commission fora
vendor’s license shall pay 2 fee pursuant to a fee schedule established by the Gaming
Commission.

CHAPTER V. OPERATION OF GAMES
5.01 Inspections.
A. — The premises where any gaming is being held, operated and conducted shall at all -

times be open to inspection by the Nambé Gaming Commission and its agents, Nambé Tribal
Administration, Council, and upon authorization by os Governor or his designee, by the

jaming Commission representatives,

Inspection of cash and cash counting activities must take place in the presence of a
member of the Nambé Gaming Commission, Tribal Administration or with written
authorization of the Governor or Nambé Gaming Commission.

The State Gaming Representative shall have access to inspect all aspects of the
gaming operations as provided by the Tribal State Gaming Compact.

5.02 Hours. Class II and Class III Gaming may be conducted each and every day of the week and
at any hour of the day or night, at the discretion of the Garmin Manager except as limited by this
ordinance, the regulations of the Nambé Gaming Commission, the Tribal-State Gaming Compact or

I
5.03 Prize Limits, There shall be no limit on the size of the brize offered or given in any single

5.04 Bingo Operation: |

The equipment used in the playing of bingo and the method of, play, shall be such that
each card shall have an equal opportunity to be a winner. The objects or balls to be
drawn shall be essentially the same as to size, shepe, weight, balance and all other
characteristics that may influence their selection,|All objects or balls shall be present
19 | .
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2 Yy
S S
NG comm?
JUL - 6 2005

Peter C. Chestnut

Chestnut Law Offices

Attorneys at Law

121 Tijeras Avenue NE, Suite 2001
Albuquerque, New Mexico 87102

RE: Pueblo of Nambé Gaming Ordinance

Dear Mr. Chestnut:

This letter is in response to your request for the National Indian Gaming Commission (NIGC)
toreview and approve an amendment to the Pueblo of Nambé Gaming Ordinance
(Ordinance), Resolution No. NP-2005-01, approved by the Tribal Council on January 26,
2005. This letter constitutes such approval under the Indian Gaming Regulatory Act (IGRA).
It is important to note that the Ordinance is approved for gaming only on Indian lands, as
defined in the IGRA, over which the Tribe has jurisdiction. Furthermore, gaming on trust
lands acquired after 1988 is lawful only if it complies with 25 USC. §2719(a).

ou for submitying the Ordinance for review and approval. The NIGC staff and I look
i i the Pueblo of Nambé on future gaming issues.

NATIONAL HEADQUARTERS 1441 St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.Gov

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


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2.06 Records Retention,

A Class 1 Gaming, The Gaming Manager shall maintain adequate written records of
bingo, and other Class I gaming activities on the premises for a period of at least
four (4) years. ;

B. Class Il Gaming. Records for Class I gaming activities shall be maintained for a
period of at least six (6) years. These records shall include:

Gross receipts.
_ Records of prizes, maintained pursuant to paragraph E above.
Any and all expenses.
Capital expenditures.
Contract.
Net profits.
Payments to Nambé s general fund.
Documents and calculations required to be maintained to satisfy terms of the

PNIAARwW Hr

Tribal-State Gaming Compact and Management Contract.

2.07 Receipts. All moneys collected, or received by the Gaming Operation from any Gaming

Enterprise on Nambé land shall be deposited in one or more accounts of the Nambé Pueblo
which shall contain only such money. All operating expenses, except cash prizes, shall be
withdrawn from such account by consecutively numbered checks duly signed by the Gaming
Manager or an employee, officer or officers designated by the Pueblo and payable to a specific
person or organization. No check shal! be drawn to "cash" or a fictitious payee.

2.08 Net Profit Uses.

A. Net profits derived from Class II and Class Til gaming, after payment of operating
costs and management fees, if any, and after provisions for reserves, investment in
and improvement of Class II and Class I gaming in accordance with the yearly
Gaming Operation business plan and budget/have been made, shall be used in
accordance with Tribal Council directives. THe business plan and budget shall be
reviewed by the Nambé Gaming Commission and sent to the Govenor and Tribal

Council for final approval.

B. Net profits from tribal gaming activity may be used for any of the following
purposes:
1, Fund tribal governmental operations or|programs;
2. Provide for the general welfare of the Pueblo of Nambé and its members;
3. Promote the economic development for the benefit of the Pueblo of ‘Nambé;
4, Donate to charitable organizations; or
5. Help fund operations of local government agencies.

2.09 Age. No person under the age of eighteen (18) shall be allowed within the premises either as
a spectator or as a player during any session of tribal gaming. No person under the age of twenty-one
6 \
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Issuance, The Govemor shall issue a Nambé Gaming Site Permit for each site and
premises recommended by the Nambé Gaming Commission and approved by the
Tribal Council for gaming at Nambé. :

Appropriate Lands for Gaming Sites. A site permit for a gaming facility can only be
issued for lands within the Nambé Pueblo’s grant and reservation lands, and other

lands held in trust by the United States for the Nambé Pueblo.

2.04 Gaming Manager.

A.

The Gaming Manager shall supervise the administration of this section pursuant to
rules and regulations governing the holding, operating and conducting of tribal
gaming adopted by the Nambé Gaming Commission which shall be in accordance
with, and shall not violate the provisions of this ordinance. The Gaming Manager
shall provide that tribal gaming shall be held, operated and conducted in conformity
with the provisions of this ordinance, any management contract approved by. the
Nambé Pueblo Tribal Council, the Tribal-State Gaming Compact, and the Indian
Gaming Regulatory Act. :

Powers and Duties. The Gaming Manager shall have the following powers and
duties: :

1. To acquire, lease, furnish, equip and maintain such premises as shall be
required for the operation of tribal gaming.

2 To employ, direct, supervise, manage, control, promote, demote, discharge,
fix the compensation and define the power and duties of such officers, clerks,
card sellers, callers, security guards and other employees as shall be required
for the operation of this ordinance.

3. Without in any way limiting or being limited by the foregoing, to do all such
things and perform all such acts as are deemed necessary or advisable for the
purpose of carrying into effect the provisions of this ordinance.

4. To train and educate each gaming employee in the following;

(a) applicable tribal and federal laws and policies, including this
Ordinance and the Indian Gaming Regulatory Act; and

(b) safety procedures for employees|and the public.

2.05 Management Limited. The Gaming Manager shall manage each tribal gaming operation on
Nambé Lands pursuant to the employment policies of the Nambé Pueblo, the Tribal-State Gaming
Compact, and the Indian Gaming Regulatory Act (IGRA). The most recent policies applicable to the
Pueblo as a whole, or its business enterprises or casino specifically, shall apply to tribal gaming.

5 .


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1171(@)(1); and-parimutual wagering,
D. "Council" means.the Pueblo of Nambé Tribal Council.

E. “Gaming” means any Class II or Class II gaming as defined in this Ordinance and
and any other form of gaming within the Scope of Gaming allowed in this Ordinance.

F, "Gaming Commission" means the Pueblo of Nambé Gaming Commission.

G. ~ "Gaming Device" or "Gaming Equipment" means any equipment, device or
contrivance used to conduct Class III Gaming, including those defined in 15 U.S.C.
§1171(a).

H. "Gaming Enterprise" or "Gaming Operation” means each economic entity licensed by
the tribe, which operates games, receives the revenues, issues the prizes and pays the
expenses,

1 "Gaming Manager" means the General Manager of the Gaming Operation.

I. "Gaming Site(s)" means any facility where gaming other than Class I gaming is
operated or conducted, including all buildings, improvements, equipment and
facilities used or maintained in connection with such gaming."

K "Key Employee(s)" means a person employed by a Gaming Enterprise or

Management Contractor or who may have limited supervisory authority within the
! department in which he/she works, including, but not limited to, performance of any
| of the following positions:

Bingo Employees;

Cage Personnel;

Chief of Security and all other Security| Officers;
Custodian of Gaming Supplies or Cash;

Floor Manager;

Pit Boss;

Dealer;

Croupier;

Surveillance Supervisor and other Surveillance Personnel;
Restaurant Manager,

Facilities Manager;

Housekeeping Manager;

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

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14. Executive Administrative Assistants or other Assistants with access to
! Proprietary information:
i 15. Any other Person whose total cash compensation is in excess of $50,000 per

year or the four most highly compensated persons in the Gaming Operation or
Management Contractor, whichever number of people is greater and whose

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related to gaming and any ven occupational license or permit,

whether or not such license or permit was granted;

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

For each misdemeanor conviction or ongoing misdemeanor
prosecution (excluding minor traffic violations), within 10 years of
the date of the application, the name and address of the court involved
and the date and disposition;
For each criminal charge (excluding minor traffic charges), whether
or not there is a conviction, if such criminal charge is within (10)
years of the date of the application and is not otherwise listed
pursuant to paragraph (h) or (i) of this subsection, the criminal
charge, the name and address of the court involved and the date and
disposition; :

A current photograph; |
Any other information the Nambé Gaming Commission, its designee,
or the Nambé Gaming Manager deems relevant; and

Fingerprints consistent with procedures adopted by the Pueblo
according to 25 C.F.R. § 522,2

The Nambé Gaming Commission thro’ appropriate law enforcement or
other agents shall conduct an investigation sufficient to make a determination
under subsection (B)(1) above. In conducting abackground investigation, the
Nambé Gaming Commission or its agent shall promise to keep confidential
the identity of each person interviewed in the course of the investigation.

Report to the National Indian Gaming Commission.

Pursuant to the procedures set out in subsection (B)(2) of this section, the
Nambé Gaming Commission shall receive or prepare and forward to the
National Indian Gaming Commission) an investigative Teport on each
background investigation, An investigative report shall include all of the

following:

(8) Steps taken in conducting a background investigation;
(b) Results obtained:

(c) Conclusions reached; and

(¢) The bases for those conclusions.

The Nambé Gaming Commission shall submit, with the Teport, a copy of the
i

16 |



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Indians.

10.

11.

12.

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acquiring knowledge, not available to all players, of the outcome of the game
or any events that affects the outcome of the game or which is 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.

Claiming, collecting or taking, or attempting to claim, collect or take, money
or anything of value in or from a gaming device or gaming equipment, with
intent to defraud, without having made a wager thereon, or to claim, collect
or take an amount greater than the amount actually won.

, Placing or increasing a wager or bet after acquiring knowledge of the

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

Reducing the amount wagered or canceling the bet after acquiring knowledge
of the outcome of the game or other event which is the subject of the bet,
including pinching bets.

Manipulating, with the intent to cheat, any gaming device or gaming
equipment, including, but not limited to manipulating a gaming device or
gaming equipment with knowledge that the manipulation affects the outcome
of such device or equipment, :
or tokens, or using a coin not of
led to be used in the gaming device

Knowingly using illegal or unapproved
the same denomination as the coin inti

or gaming equipment.

Possessing, with the intent to use, any device to assist in projecting the
outcome of a game, in keeping track of cards played, in analyzing the
probability of the occurrence of an event relating to gaming activity, or in
analyzing the strategy for playing or betting to be used in the gaming activity.

Using any device or means to cheat, or to possess any such device or means
while at a gaming premise.

B. Criminal Penalties. Any person who violates any provision of this ordinance, or any rule or
regulation authorized thereunder, shall be guilty of a criminal offense punishable by a fine and not
more than five hundred dollars ($500.00), or by imprisonment for not more than six (6) months, or
both, No penalty set forth herein shall conflict with federal law garding the imprisonment of non-

c. Civil Penalties. Any person who violates any provision of this ordinance, or any tule or
regulation authorized thereunder, shall be liable for a civil penalty not to exceed five hundred dollars
($500.00), plus costs, for each violation.

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PEE OVE CNM EE SO PAA COILS VRESTNUT baw Urrice , 999/900

PUEBLO OF NAMBE
GAMING ORDINANCE

Table of Contents

ChapterI. GENERAL

1,01 Purpose

1.02 Sovereign Immunity Preserved
1.03 Ownership

1.04 Definitions

freee

Chapter II. NAMBE TRIBAL GAMING
2.01 Gaming Limited
2.02 Authorization
2.03 Site Permits
A. Permit Required
B. Issuance
Cc. Appropriate Lands for Onning Sites
2.04 Gaming Manager
2.05 Management Limited
2.06 Records Retention
A. Class II Gaming
B. Class Il Gaming
2.07 Receipts
-2.08 Net Profit Uses
-2.09 Age
2.10 Alcohol
2.11 Illegal Substances and Firearms
2.12 Safety
2.13 Polygraph Testing

YAAIAIAIAADAAAUMNUAUNA AAA

CHAPTER. = NAMBE GAMING COMMISSION |
3.01 Establishment of the Commission, Appointment and Tenns
3.02 Vacancies
3.03 Removal
3.04 Qualification of Commissioners
3.05 Officers
3,06 Procedures of the Gaming Commission
A, Meetings
1. Regular Meetings
2, Special Meetings
Quormm and Voting
Action by Telephone or Polling
Notice of Gaming Commission Action
Hearings

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Council.

A,

B,

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Hearings. If the Gaming Commission deems it necessary to protect the public
interest in the integrity of the gaming activities, the Gaming Commission may take
such action with immediate effect as it deems required and shall thereupon provide
notice and an opportunity to be heard to the ted person as soon as it reasonably
practicable following such action. Any person who is denied a gaming license or
who is barred from the gaming establishment by action of the Gaming Commission
May request a hearing before the Gaming Ci ission by written request submitted
within thirty (30) days following receipt of notice of the action of the Gaming
Commission. The Gaming Commission shall thereupon afford an opportunity to
appear and be heard either in person or through # representative or legal counsel, and
to submit such evidence as the Gaming Commission deems relevant ta the matter at |
issue, The Gaming Commission shall either affirm or reconsider its decision. The
Gaming Commission may direct the Director or one or more members of the Gaming
Commission designated by the Gaming Commission to conduct any hearings.

Rules_and Procedures. The Gaming Commission may adopt’ any additional
procedures and rules as it deems necessary or convenient to govern its affairs and
which are consistent with this Ordinance. The Nambé Gaming Commission shall be °
responsible for having gaming at Nambé comply with the Indian Gaming Regulatory
Act (IGRA) and regulations of the National Indian Gaming Commission (NIGC), and
the Tribal-State Gaming Compact. |

3.07 Compensation. Al] members of the Nambé Gaming Commission shall be reimbursed for

travel, and other necessary expenses incurred by them in the performance of their duties. Members

of the Nambé Gaming Commission shall be paid at rates approved by the Govemor and Tribal
|

3.08 Powers and Duties of the Nambé Gaming Commission. The Nambé Gaming Commission

shall have the following powers and duties:

Oversight of Gaming Activities. The Nambé Gaming Commission shall have
primary responsibility for overseeing all gaming activity to assure the integrity of
gaming activity at Nambé and shall for that jose employ a staff including one or
more inspectors and other employees who shall be under the sole supervision of the
Nambé Gaming Commission. The Inspectors and Commissioners shall have access
to all areas of any gaming facility at all times. ‘Each of the staff shall report to the
Nambé Gaming Commission regarding any failure by the Nambé Gaming Enterprise
to comply with sound gaming business practices, any of the provisions of this
Ordinance and any other applicable laws. All Inspectors and other employees shall
be licensed by the Nambé Gaming Commission and subject to background
investigations. :

Inspect and Copy. The Nambé Gaming Commission and its agents may:

1. Inspect and examine all premises where gaming is conducted or gaming
devices or equipment is manufactured, sold or distributed.

2. taspect all equipment and supplies in, upon or about such premises.

3. Summarily seize and remove from such premises and impound any
9 |

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training and education of Gaming Commissioners, and all Gaming staff as
needed to be aware of the Gaming industry and applicable law and good
practices. f :

G. Review of Plans. The Gaming Commission review and approve floor plans,
surveillance systems, and other plans needed| for each Gaming Facility and may
confer with other organizations regarding the adequacy of such plans and systems.
The Gaming Commission shall ensure that the Gaming Enterprise or Management
Contractor shall prepare and submit for the review and approval of the Gaming
Commission a satisfactory plan for the Proteption of the public in any Gaming
Facility. |

H. Gaming Regulations. The Gaming Commission may promulgate regulations to
govern the operation and management of the each Gaming Enterprises and Gaming
Operation. |

L Technical Standards, The Gaming Commission shall promulgate, review, approve,
and revise the technical standards and rules of each game operated by the Gaming
Enterprise or Management Contractor and notify the Gaming Enterprise of the
tules and of any change to the rules. i : :

J. Health, Safety and Security Standards. The hrambs Gaming Commission shall

enforce and require that all health, safety and security standards applicable to the
Gaming Enterprise are met. |

_
3.09 Civil and Criminal Actions. The Gaming Commission may in the name of the Pueblo of
Nambé bring any civil action or criminal compliant in the courts of the Pueblo of Nambé, the State
or the United States to enforce the provisions of this ordinance, the Indian Gaming Regulatory Act,
or any Tribal-State Gaming Compact entered into by the Pueblo of Nambé, or to enjoin or otherwise
prevent any violation of this ordinance, the Act, or an applicable law, occurring on Pueblo lands.

3.10 Operational Budget. The Gaming Commission shall adopt an annual operating budget for the
Nambé Gaming Commission, which shall be subject to the approval of the Tribal Council. The
Gaming Commission may, in accordance with the budget, employ a staff as it deems necessary to
fulfill its responsibilities under this ordinance and may retain legal counsel, consultants, and other
professional services, including investigative services, to assist the Gaming Commission with its
responsibilities under the ordinance. The expenses of the Gaming Commission in accordance with
such budget shall be appropriated by the Council.

|
3.11 Orders. The Gaming Commission may issue any order or decision, to any Gaming
Enterprise, or Gaming Employee, or to any other person within the jurisdiction of the Pueblo, to take
any action or cease and desist from any action as may be required to protect the public interest in
gaming. '

|
3.12 Director. The Gaming Commission may appoint and retin anindividual to serve as Director
of the Gaming Commission to administer and enforce its duties and responsibilities under this
Ordinance and to oversee the inspectors appointed by the Gaming Commission and other staff as the

i |



CERTIFICATION

RESOLUTION
# NP-2005-01
APPROVING A GAMING ORDINAN CE

The foregoing resolution was considered and adopted at a duly called meeting of the

Nambé Pueblo Tribal Council on JANuay Qb , 2005, at which time a
quorum was present with 7 in favor and © opposed and _/ abstaining and _/_
absent.

ATTEST: —
EXECUTIVE BRANCH
aa Iu FZ. by <—

Lela Kaskalla, Secretary Tom F. Talacie, Jr., Governor

ABSENT
Jennifer L. Vigil, Lieutenant Governor

TRIBAL COUNCIL
LEGISLATIVE BRANCH

ABSERT

L. Garcia; Councilman David Perez, Councilman

Shan Lb

Marcus Johnson, ‘Councilman “—Janhes Porter, Councilman

ABSTAIN

Shannon L. McKenna, Councilman Carlos O. Vigil, Councilman

Ernest Mirabal, Councilman Dennis Vigil, Cage
LL ZA. kliw
Herbert H. Yates, Couficilman


PL POVEEVVS 14.90 FHA GSadc4d . GHESTNUL Law UPPLbe i Oe5/000

in the receptacle before each game is begun. ail numbers announced shall be plainly
and clearly audible or visible to all the players present, Where more than one room is
used for any one game, all numbers announced shall be plainly audible or visible to
the players in the room and also audible or visible to the players in the other room or
rooms, The cards or sheets of the players shall|be part of a deck, group or series of
cards, and which deck, group or series shall not be so prepared or arranged as to

prefer any card,

B. The receptacle, the caller and the person removing the objects or balls from the
receptacle must be visible to all players at all times except where more than one room
_ is used for any one game wherein the provisions of subsection A shall prevail.

{ [on The particular arrangement of numbers required to be covered in order to win the
game and the amount of the prize shall be cleatly and audibly or visibly described
and announced to the players immediately before each game is begun.

D. Any players shall be entitled to call for a verification of all numbers drawn at the time
’ awinner is determined. :

E. _In the event that more than one person is a winner in any game, the prize for such
game shall be split evenly (to the closest $25) between the winners.

5.05 Playing Prohibited. No person who-holds, operates or conducts, or assists in holding,
operating or conducting gaming may play at the session of fee game at which such person is
working.

5.06 Applicability. All provisions limiting and controlling the conduct of tribal and small bingo
games are applicable to installations and use of pull-tab dispensing machines and electronic gaming
machines, and other gaming allowed by this Ordinance.

5.07 Security. Each Nambé Gaming Enterprise shall have adequate security, which at a minimum
shall require at least two (2) security people on duty at all times. Each Class Ii Gaming Site shall
have an electronic and video surveillance system installed and operating. Video tapes from
surveillance shall be maintained for a reasonable period of time. The security plan for the Nambé
gaming operation shal] be reviewed with the Nambé Gaming Commission at least once each year.

CHAPTER VL SCOPE OF GAMING

6.01 Games Permitted. The Pueblo of Nambé pemmits the following kinds of public gaming:

A. Bingo, Pull Tabs, etc. The Pueblo of Nambé hereby allows bingo or lotto, pull tabs,
punch boards, tip jars, instant bingo and games similar to bingo, and nonbanking card
games considered as Class I under federal law, as regulated by this Ordinance.

B. Casino gaming, which includes, but is not limited to:

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ROUTE 1, BOX 117— BB *NAMBE: PUEBLO* NEW MEXICO 87506 * PHONE 505-455-2036* FAX: 505-455-2038

RESOLUTION
NP-2005-01
APPROVING A GAMING ORDINANCE

WHEREAS, the Pueblo of Nambé, is an Indian Tribe organized under the Indian
Reorganization Act of June 18, 1934 (25 U.S.C). The Pueblo of Nambé
(“Pueblo”) is a self-governing sovereign Indian Tribe duly recognized by
the federal government; and

WHEREAS, the Pueblo, in the exercise of its Tribal sovereignty, remains organized in
accordance with Pueblo tradition; and

WHEREAS, the Pueblo of Nambé passed an all member referendum authorizing the
Pueblo to develop a Class Ill Gaming Enterprise on Pueblo land; and

WHEREAS, in order for the Pueblo to participate in Class I Gaming the Pueblo must
enact a Gaming Ordinance; and :

WHEREAS, the Indian Gaming Regulation Act of 1998 (AIGRA®), 25 U.S.C. ''
2701-2721 further requires approval of any Gaming Ordinance by the
National Indian Gaming Commission (NIGC) Chairman to become
effective.

NOW, THEREFORE BE IT RESOLVED THAT the Tribal Council approves the
Gaming Ordinance attached to this Resolution.

BE IT FURTHER RESOLVED THAT the Tribal Council authorizes and directs the
Governor to request that the NIGC approve the attached Gaming Ordinance as soon as
possible.


BOE EME ON

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7.02 Jurisdiction. The Nambé Gaming Commission shall hav
of this ordinance and over all persons who are parties to a Mani
thereto, and may, in addition to the penalties prescribed in sectioy
other relief as is necessary and proper for the enforcement of this
any management contract entered pursuant thereto, including,
against acts in violation thereof. Nothing, however, in this ordin
- or require the criminal trial and punishment of non-Indians ¢}
Tribal-State Gaming compact, any applicable present or future
federal court decision, The Gaming Commission shall be enti
Teasonable attorneys’ fees in addition to any penalty.

CHAPTER VII. SEVERABILITY AND AMENDMEN

8.01 Severability. Ifany part of this Gaming Ordinance is det

competent jurisdiction, the remainder of the Gaming Ordinance

8.02 Amendment. The Nambé Tribal Council may amend th
NIGC approval is required for any amendment to take effect,

23

ae

jurisdiction over all civil violations

agement Contract entered pursuant
ns 7.01(B) and (C) above, grant such
s ordinance and of the provisions of

but not limited to, injunctive relief
ance shall be construed to authorize
Kcept to the extent allowed by the
Act of Congress or any applicable
itled to recover its costs, including

iT

ertnined to be unlawful bya court of
shall remain in full force and effect.

his Gaming Ordinance at any time.

mveosvev


(21) years shall be allowed to work or participate in any Class m gaming activities. At small bingo
games, persons under eighteen (18) years of age shall be jallowed to be present and play if
accompanied by a parent or legal guardian. :

2.10 Alcohol. Any gaming premise serving or selling erie beverages on the Nambé Pueblo
shall hold a valid liquor license authorized by the Pueblo. All alcohol service and sales must be in
accordance with the Nambé Liquor Ordinance.

2,11 Tegal Substances and Fire: . Illegal substances and firearms are prohibited within the
gaming premises at all times. g ,

2.12 Safety. Each gaming facility operated at Nambé Pueblo shall be constructed and maintained
in a way that adequately protects the environment and the public health and safety.

2.13 Polygraph Testing. All employees responsible for the holding, operation and conduct of
tribal gaming in accordance with the provisions of this ordinance, shal] be subject to polygraph
testing at any time and without prior notice concerning the handling, collection and/or disbursement
of money. : :

CHAPTER Il. NAMBE GAMING COMMISSION :

3.01 Establishment of the Commission, Appointment and Terms. There is hereby established the

Nambé Gaming Commission, consisting of a minimum of three (3) and a maximum of five (5)
members that shall be appointed by the Governor with the approval of Tribal Council. One member
shall be selected for a term to expire at the end of 2006. A second member shall be selected for a
term to expire at the end of 2007, The third member's term shall expire at the end of 2008. After the
expiration of each initial term, succeeding members of the Nambé Gaming Commission shall be
chosen for a full term of three (3) years to succeed those whose terms expire. Each member of the
Nambé Gaming Commission shall hold office from the date of election and qualification until a
successor shall have been duly elected and qualified, unless earlier removal, resignation, death or
incapacity shall occur. An individual may serve more than me consecutive term on the Nambé
Gaming Commission,

3.02 Vacancies. The Tribal Council shall select a new commissioner to fill any vacancy on the
Nambé Gaming Commission in the same way and subject to the same restrictions as applied to the
election of the Commissioner whose removal, resignation, or death created the vacancy.

3.03 Removal. Any Nambé Gaming Commissioner may be|removed from office by the vote of
the Tribal Council for neglect of duty, or poor performance in office, or for other good cause shown.

3.04 Qualification of Commissioners, No individual shall be eligible for any appointment to, or
continued service on, the Nambé Gaming Commission, who —

A. Has been convicted of any felony or gaming offense;
B. Has any financial interest in, or management responsibility for, any gaming activity;

or }

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equipment, supplies, documents or records for the purpose of examination

and inspection,

Demand access to and inspect, exami
books, and records of any applicant
elsewhere, and in the presence of the
respecting the gross income produced b
require verification of income, and all of
of the policy or any of the provisions o:

ne, photocopy and audit all papers,

or licensee, on his premises, or
applicant or licensee, or his agent,
y any gaming device or business, and
ther matters affecting the enforcement
f this Gaming Ordinance.

5. Demand access to and inspect, examine, photocopy and audit all papers,
’ books and records of any entity whom| the Ganiing Commission knows or
reasonably suspects is involved in the financing, operation or management of

gaming at Nambé, |

Audit. The Gaming Commission shall select a certified public accountant (CPA) to
conduct audits, at least annually, of each Gaming Enterprise within Nambé Pueblo.

1, Copies of the independent audit reports for each year (including financial
statements and management letter) will be provided to the Governor and
Nambé Gaming Commission by May ] of the following year. A copy ofeach
annual report of gaming activities shall be provided to the Nambé Tribal
Council, and then to the National Indian Gaming Commission (NIGC).

2 The scope of each audit shall include but not be limited to all contracts for
supplies, services, or concessions fora contract amount in excess of $25,000
annually (except contracts for professional legal or accounting services)

relating to gaming at Nambé.

Witness Testimony. The Nambé Gaming Commission has full power and authority
to compel the attendance of witnesses at any place within the Pueblo of Nambé, to
administer oaths and to require testimony under oath. The Nambé Gaming
Commission may pay the transportation and other expenses of witnesses, as it may
deem reasonable and proper. Any person making a false statement under oath in any
matter before the Nambé Gaming Commission lis guilty of perjury.

Reports to Governor, Tribal Council, Nambé Public. The Nambé Gaming
Commission shall submit written financials and management reports to the Governor
each month and to the Tribal Council at least quarterly. The Commission shall be
available to present those reports in person, as desired by the Governor and Tribal
Council. After the annual audit of Nambé Gi has been completed, the Gaming
Commission shall present a summary of its annual report to the Pueblo of Nambé at

the next general meeting held after the completion of the andit.

Education. i

1. The Nambé Gaming Commission shall review Nambé Gaming operations
and regulate as necessary to assure that Nambé's commitment to the
education of our people and maintaining our traditions remains strong.

2. The Nambé Gaming Commission shall budget time and money as needed for

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