PUEBLO OF ACOMA

THE SKY CITY

P.O. BOX 309

ACOMA. NEW MEXICO 87034

TELEPHONE 505/552-66C

OFFICE OF THE GOVERNOR FAX 505/552-6&

RESOLUTION NO. TC JIJLY-19--94-t-Sh

ACOMA GAMING ORDINANCE

July 1994

At a duly called meeting of the Acoma Tribal Council of the Pueblo de Acoma on the

19th day of JULY 1994, the following resolution was adopted:

WHEREAS:

Section No. I The Pueblo of Acoma is a federally recognized Indian Tribe with a

traditional form of government that exercises all inherent sovereign

governmental powers. The Acoma Tribal Council is the governing body

with legislative and other responsibilities for the Pueblo de Acoma; and

Section No. 2. The Tribal Council, recognizing its responsibility and its authority to

provide beneficial economic development strategies for Pueblo members

in order to enhance the quality of life for those members, authorized the

first Indian bingo in the state of New Mexico; and

Section No. 3. The Tribal Council desires to regulate gaining within its grant,

reservations, and on all lands owned by or otherwise subject to the

jurisdiction of the Pueblo (Pueblo lands) for the purposes of generating

governmental revenue; promoting tribal economic development, Pueblo

self-sufficiency, education ofour people and a strong tribal government;

and

Section No. 4 The Tribal Council adopted a Bingo Ordinance for the Pueblo de Acoma

through Resolution No. TC-JuIy-28-83-2-4, and amended that Ordinance

through by Resolution Nos. TC-Sept-28-83-l-09 and TC-Mar-7-85-3.

The Bingo Ordinance, as amended, provided for conduct of a bingo

game, the use of electronic video machines and mechanical pull-tab

dispensers. Resolution No-TC-MAR-24-93-Ol amended the Acoma
Tribal gaming laws to allow additional gaming and address federal law

requirements created since the prior Acoma gaming legislation.

Resolution No. TC-AUG-3-93-0l codified the Acoma Gaming laws; and

Section No. 5 The Congress of the United States enacted the Indian Gaming

Regulatory Act (IGRA) in 1988. That law imposed specific requirements

on tribal gaming ordinances, and created the National Indian Gaming

Commission (NIGC), which has power to develop regulations, and also

regulate some gaming on Indian Lands; and

Section No. 6 The IGRA recognizes operation of gaming by Indian tribes as a means

ofpromoting tribal economic development, self-sufficiency, and strong

tribal governments; and

Section No. 7 Federal Law (IGRA) recognizes three classes of gaming: Class I

Gaming involves traditional forms of Indian gaming which are part

oftribal ceremonies or celebrations; Class II Gaming means bingo,

pull-tabs, lotto, punch board, tip jars, instant bingo, and other games

similar to bingo; and Class III Gaming means all forms of gaming

that are not Class I Gaming or Class II Gaming. 25 U.S.C. §2703(6)

through (8); and

Section No. 8 The Pueblo de Acoma has continuously operated since 1983 a Class II

Gaming operation; video gaming machines were introduced in 1985 and

are presently in operation at the tribally operated Acoma Gaming

Facility; and

Section, No. 9 Section 2712 of the IGRA requires the National Indian Gaming

Commission (NIGC or Commission) to review existing tribal

ordinances which authorize Class II or Class III gaming in order to

confirm they comply with Section 2710(b) of the IGRA; and

Section No. 10 The NIGC requested and reviewed the Acoma Gaming Ordinance

enacted August 3, 1993, and suggested several changes. Since then,

Pueblo leaders decided an Acoma Gaming Commission should be

created to regulate Acoma Gaming.

Section No. 11 The Pueblo of Acoma Tribal Council wants to amend and codify its

gaming ordinances and create the Acoma Gaming Commission so that

Acoma will better satisfy existing federal law and regulations.

2
NOW THEREFORE BE IT RESOLVED:

Section No. 1.

Section No. 2.

Section No. 3.

Section No. 4

The Pueblo ofAcoma Gaming Ordinance (July 19, 1994) attached to this

Resolution is hereby adopted and enacted into law, effective immediately.

All inconsistent language in prior Acoma gaming laws are hereby

repealed.

The Tribal Administration, the Gaming Manager, the Acoma Gaming

Commission, and their authorized representatives are directed to take all

steps necessary to implement the attached Gaming Ordinance, and

achieve compliance with tribal and federal law, including the Indian

Gaming Regulatory Act.

The Governor and his administration, in consultation with the Acoma

Gaming Manager, the Acoma Gaming Commission and Tribal Council,

are authorized to negotiate terms of a Gaming Compact. Any Gaming

Compact must be reviewed and approved by the Tribal Council, before

submittal to the Secretary of the Interior for approval, in order to

become effective.

Until such approvals have been made, Section 9.D. of the 1994 Acoma

Gaming Ordinance shall be suspended and of no effect.

Myyuu Pinsibaan(~

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K dyaatita, Pueblo of Acoma

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CERTIFICATION

I, the undersigned as Governor of the Pueblo ofAcoma, Sky City, hereby certify that

the Acoma Tribal Council at a duly called meeting of the Tribal Council ofAcoma, convened

and held on the 19th day of JULY , 1994, at Acoma Pueblo, New

Mexico, approved this Resolution, a quorum being present, and that 10 voted in favor,

and ~ opposed.

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Ku ya~tita, Pueblo of Acoma

July 21, 1994

5
Pueblo of Acoma.

July 1994

Gaming Ordinance

Table of Contents

STATEMENT OF PURPOSE I

Section I. Short Title 1

Section 2. Interpretation I

Section 3. Definitions I

Section 4. Gaming Limited 2

Section 5. Small Bingo Games 2

Section 6. Tribal Gaming 3

Section 7. Operation of Games 5

Section 8. Violations; Jurisdiction 7

Section 9. Scope of Gaming 7

A. Bingo, Pull Tabs, etc 7

B. Video Gaming 7

C. Casino Gaming 7

D. Gaming Compact 8

E. Scope of Gaming S

Section 10. Ownership, Revenue Uses, Audit and Safety 8

A. Ownership 8

B. Revenue Uses 8

C. Audits 8

D. Safety 8

Section 11. Acoma Gaming Commission 8

A. Establishment of the Commission 8

B. Vacancies 9

C. Removal 9
D. Qualification of Commissioners .

9

E. Quorum and Voting .

9

F. Officers 9

G. Meetings 9

H. Compensation 9

I. Powers and Duties of the Acoma Gaming Conimission 10

1. Oversight of gaming activities 10

2. Inspect and Copy 10

3. Audit 10

4. Witness Testimony 10

5. Reports to Governor, Tribal Council, Acoma Public 11

6. Education 11

7. Review of Plans 11

8. Regulations 11

9. Licenses 11

10. Standards 11

11. Health, Safety and Security Standards 11

12. Civil and Criminal Actions 11

13. Operational Budget 11

14. Orders 12

15. Hearings 12

16. Director 12

J. Procedures of the Gaming Commission 12

1. Regular Meetings 12

2. Special Meetings 12

3. Action by Telephone or Polling 12

4. Notice of Gaming Commission Action 12

5. Hearings .

13

6. Rules and Procedures 13

K. Appeals to Tribal Court 13

Section 12. Gaming Licenses and Investigations 13

A. Authority 13

B. Standards 13

C. License Conditions 14

1. Term 14

2. Form 14

3. MustbeWorn 14

D. License Required 14

E. Procedures 14

1. All Gaming Employees .

14
a. Application of Employment 14

b. Eligibility 14

2. Key Employees and Primary Management Officials 14

a. Definitions 14

b. Application Forms 15

c. Background Investigations 16

d. Eligibility Determination 18

e. Procedures for Forwarding Applications and Reports 18

f. Report to the National Indian Gaming Commission 18

g. Granting a Gaming License 19

h. License Suspension and Revocation 19

F. Cost of Investigations 20

G. License Fees 20

Section 13. Site Permits for Gaming 20

A. IssUance 20

B. Required 20

Section 14. Severability and Amendment 20
PUEBLO OF ACOMA

GAMING ORDINANCE

STATEMENT OF PURPOSE

An ordinance to regulate the operation, conduct and playing of games of chance

including Bingo on the ACOMA PUEBLO, and to produce revenue for (1) supporting

programs which promote the health, education and welfare of the ACOMA people; (2)

promoting tribal economic development, self-sufficiency and strong tribal government. This

Ordinance has the further purpose of: (3) assuring that gaming at Acoma is licensed, controlled

and assisted to protect the public health, safety, morals, good order and general welfare of the

ACOMA people and the players; (4) conducting games honestly, competitively and free of

criminal and corruptive elements.

BE IT ENACTED by the Council of the ACOMA PUEBLO of the ACOMA

Reservation, as follows:

Section 1. Short Title

This ordinance may be cited as the Gaming Ordinance of the ACOMA PUEBLO.

Section 2. Interpretation

This ordinance shall be deemed as exercise of the police power of the ACOMA

PUEBLO for the protection of the public welfare, health, peace and morals of the people of the

ACOMA PUEBLO and all provisions of this ordinance shall be liberally construed for the

accomplishment of this purpose.

Section 3. Definitions

In this ordinance, unless the context otherwise requires:

A. Bingo game means:

The activity commonly known as bingo wherein participants pay a sum of

money for the use of one or more cards. When the games commences, numbers are drawn by

chance, one by one, and announced. The players cover or mark those numbers on the cards

which they have purchased until a player receives a given order ofnumbers in sequence that has

been pre-announced for that particular game. The first player to call out bingo and be

declared the winner will receive a predetermined prize.

B. Gross receipts means receipts from the sale of shares, tickets, or rights in any

manner connected with participation in a game of bingo or the right to participate therein,

including any admission fee or charge, the sale of equipment or supplies and all other income

from any Source.

C. Non-profit organization means an organization not for profit, which is

operated for charitable, religious, educational or public purposes within the ACOMA

Reservation and which has been so engaged for two years immediately prior to conducting or
operating a bingo game.

D. Occasion means a gathering at which bingo games are played.

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

entity, except the Pueblo of Acoma

F. Premises means any room, hail, building, enclosure or outdoor area used for

the purpose of playing a game of bingo.

G. Small bingo game means a bingo game or games conducted or operated by a

non-profit organization in accordance with the provisions ofSections 5 and 7 of this ordinance

and which does not exceed in the aggregate One Thousand Five Hundred Dollars ($1,500.00)

in gross receipts per occasion.

H. Accounting Manager means the Manager of the ACOMA Pueblo Central

Accounting function unless the Aconia Tribal Council and Gaming Commission allows

otherwise.

I. Tribal bingo game means a bingo game or games conducted or operated by the

ACOMA Tribe in accordance with the provisions of Sections 6 and 7 of this ordinance.

J. Video gaming or video games of chance means electronic or

electromechanical video devices that stimulate games ofchance commonly referred to as poker,

blackjack, craps, roulette, line-up symbols andlor numbers, or other common gambling forms

which are activated by the insertion of a coin, token, or currency, and which award game

credits, cash, tokens, or replays, and contain meters or devices to record credits received and

paid out, and unplayed credits or replays.

Section 4. Gaming Limited

No person may hold,~ operate or conduct any games of bingo or video gaming or other

games authorized by this Ordinance within the boundaries of the ACOMA PUEBLO except

(1) a small bingo game conducted or operated by a non-profit organization in accordance with

the provisions of this ordinance, or (2) a tribal bingo game, video gaming or other games

conducted or operated by the ACOMA PUEBLO in accordance with the provisions of this

ordinance.

Section 5. Small Bingo Games

A non-profit organization may conduct or operate a small bingo game within the

exterior boundaries of the ACOMA PUEBLO in accordance with the provisions of Section 7

of this ordinance, subject to the following restrictions:

A. The non-profit organization shall maintain such status and no member, director,

officer, employee or agent of the non-profit organization may receive any direct or indirect

pecuniary benefit other than being able to participate in the game on a basis equal to all other

Acoma Gaining Ordinance

July 19, 1994

Page 2
participants.

B. The non-profit organization shall have been in existence continuously on the

ACOMA PUEBLO for a two year period immediately prior to conducting the game.

C. No person except a bona tide local member ofthe sponsoring organization may

participate directly or indirectly in the conduct or operation of the game.

D. The gross receipts from the game shall not exceed One Thousand Five Hundred

Dollars ($1,500.00) in the aggregate on any occasion.

E. The non-profit organization must apply for and receive a permit for each

occasion it wishes to conduct a Bingo game. Such application shall be to and such permit shall

be issued by the Acoma Gaming Commission, which may in its discretion set a fee for issuance

of such permits.

F. The sponsoring organization of any non-profit organization proposing to

conduct or operate a small bingo game and the Gaming Manager of a tribal bingo game or

video shall designate one or more officers or employees to be in charge and primarily

responsible for the conduct of gaming on each occasion. The officer in charge shall supervise

all activities on the occasion of which he is in charge and shall be present on the premises

continuously during the games and for a period of at least thirty minutes after the last game.

G. All persons who hold, operate or conduct or assist in holding or conducting a

small bingo game shall be bona fide local members of the sponsoring organization.

Section 6. Tribal Gaming

A. The ACOMA PUEBLO may hold, operate and conduct tribal bingo and/or

video and other authorized games provided it can fmd suitable site(s) for gaming operation(s)

and that the conduct of such games will not reduce, endanger, interfere with or harm tribal

revenues, land use, or the public welfare of Acoma Pueblo.

B. The Gaming Manager shall supervise the administration ofthis section pursuant

to rules and regulations governing the holding, operating and conducting of tribal gaming

adopted by the Acoma Gaming Commission which shall be in accordance with, and shall not

violate the provisions of this ordinance. The Gaming Manager or his designee shall provide

for the rental or purchase of premises and equipment required for the operation of tribal

gaming, and 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

ACOMA Pueblo Tribal Council, and the Indian Gaming Regulatory Act (IGRA) (25 U.S.C

§~ 2701-2721).

C. The Gaming Manager shall manage each tribal gaming operation on ACOMA

Land, pursuant to the employment policies of the ACOMA Pueblo or, if they are not

applicable, with the consent of the Governor or the Acoma Gaming Commission.

Acoina Gaming Ordinance

July 19. 1994

Page 3
D. The Gaming Manager shall have authority to establish, equip, operate and

maintain a gaining operation in premises located at such places on the ACOMA Pueblo Lands

as the ACOMA Tribal Council after consultation with the Acoma Gaining Commission may

approve.

E. 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 ofthis ordinance. Video gaming equipment leases or purchases need

approval by Governor.

2. To employ, direct, supervise, manage, control, promote, demote,

discharge, fix the compensation and deime the power and duties of such officers, clerks, card

sellers, callers, security guards and other employees as shall be required for the operation ofthis

ordinance.

3. To hold, operate and conduct tribal gaming in accordance with the

provisions of this ordinance.

4. 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.

5. To train and educate each gaming employee in (a) the 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.

F. The Gaming Manager shall be responsible for maintaining a permanent record

containing the name and address of winners pursuant to limitations set by the Pueblo and/or

the federal government.

G. All moneys collected or received from the sale of shares, tickets, or rights in any

manner connected with participation in a tribal bingo or video game or the right to participate

therein, including any admission charge, the sale of equipment or supplies and all other

miscellaneous receipts from tribal bingo and video games shall be deposited in a special account

of the ACOMA 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 Accounting Manager or an employee, officer or officers designated by the Pueblo

and payable to a specific person or organization. No check shall be drawn to cash or a

fictitious payee.

H. The Gaming Manager shall maintain adequate written records of bingo and

video gaming activities on the premises for a period of at least four (4) years. These records

shall include:

1. Gross receipts

2. Records of prizes, maintained pursuant to paragraph E above

Acoma Gaining Ordinance

JuJy 19. 1994

Page 4
3. Any and all expenses

4. Capital expenditures

5. Contracts

6. Net profits

7. Payments to Acomas General Fund

I. Net profits derived from Tribal Bingo and Video and other games, after payment

of operating costs and management fees, if any, and after provisions for reserves,investment

in and improvement of Tribal Bingo, Video and other games in accordance with the yearly

Gaming business plan and budget has been made, shall be used in accordance with Tribal

Council directives. The business plan and budget shall be reviewed by the Acoma Gaming

Commission and sent to the Governor and Tribal Council for final approval.

J. The Gaming Manager and employees responsible for the holding, operation and

conduct of tribal gaming in accordance with the provisions of this ordinance, shall be of good

moral character and shall not have been convicted of any felony whatsoever, and, as a

condition oftheir contract ofemployment, shall agree to any lawful means oftesting, including

but not limited to polygraph testing at any time and without prior notice concerning the

handling, collection and/or disbursement of money. Screening of applicants shall be

accomplished through any lawful means of the Gaming Manager may~hoose which have been

approved by the Acoma Gaining Commission. Full compliance with IGRA and this ordinance

is required.

Section 7. Operation of Games

A. The premises where any gaming is being held, operated and conducted shall at

all times be open to inspection by the Acoma Gaming Commission and its agents, ACOMA

Tribal Administration, Council, and upon authorization by the Governor or his designee, by

the ACOMA Accounting Manager, auditors, National Indian Gaming Commission

representatives, and ACOMA Police Chief.

Inspection of cash and cash counting activities must take place in the presence of a

member of the Acoma Gaming Commission, Tribal Administration or with written

authorization of the Governor or Acoma Gaming Commission.

B. When any merchandise prize is awarded in a game of bingo, its value shall be its

current retail price.

C. Games of bingo and video gaming may be conducted each and every day of the

week and at any hour of the date or night, at the discretion of the Gaming Manager.

D. There shall be no limit on the size of the prize offered or given in any single game

of bingo, video or other gaming.

E. Bingo Operation:

Acoma Gaining OTdinance

July 19, 1994

Page 5
1. 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, shape, weight, balance and all other

characteristics that may influence their selection. All objections or balls shall be present in the

receptacle before each game is begun. All 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.

2. 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 G shall prevail.

3. The particularly arrangement of numbers required to be covered in order

to win the game and the amount of the prize shall be clearly and audibly or visibly described

and announced to the players immediately before each game is begun.

4. Any players shall be entitled to call for a verification of all numbers drawn

at the time a winner is determined.

5. 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.

F. Each person who holds, operates orconducts, orassistsin holding orconducting

a tribal bingo, video or other games shall wear a legible tag or gaming license showing the

persons name and words ACOMA PUEBLO.

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

conducting, a game of bingo, video or other gaming may play at the session of the game at

which such person is working.

H. No person under the age of eighteen (18) years shall be allowed within the

premises either as a spectator or as a player during any session of tribal gaming. At small bingo

games persons under eighteen (18) years of age shall be allowed to be present and play if

accompanied by a parent or legal guardian.

I. No alcoholic beverages shall be served or sold in connection with any gaming

held on the ACOMA PUEBLO, and no alcoholic beverages, illegal substances, or firearms

shall be allowed within the premises at any time when gaming is in session.

J. 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

video machines, and other gaming allowed by this Ordinance.

K. Securjiy Acoma Gaming enterprise shall have adequate security, which at a

Acoma Gaining Ordinance

July 19, 1994

Page 6
minimum shall require at least two security people on duty at all times. Video gaming shall

have an electronic/video surveillance system installed. Video tapes from surveillance cameras

shall be maintained for a reasonable period of time. The security plan for the Acoma gaming

operation shall be reviewed with the Acoma Gaming Commission at least once each year.

Section 8. Violations; Jurisdiction

A. Any person who violates any provision of this ordinance, or any rule or

regulation authorized thereunder, shall be guilty ofa 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.

B. Any person who violates any provision of this ordinance, or any rule or

regulation authorized thereunder, shall be liable for a civil penalty not to exceed Five Hundred

Dollars ($500.00), plus costs, for each violation.

C. The Acoma Gaming Commission shall havejurisdiction over all civil violations

of this ordinance and over all persons who are parties to a management contract entered

pursuant thereto, and may, in addition to the penalties prescribed in Subsections (A) and (B)

above, grant such other relief as is necessary and proper for the enforcement of this ordinance

and of the provisions ofany management contract entered pursuant thereto, including but not

limited to injunctive reliefagainst acts in violation thereof. Nothing, however, in this ordinance

shall be construed to authorize or require the criminal trial and punishment of non-Indians

except to the extent allowed by any applicable present or future Act of Congress or any

applicable federal court decision.

Section 9. Scope of Gaming

The Pueblo of Acoma permits the following kinds of public gaming:

A. Bingo. Pull Tabs, etc The Pueblo of Acoma 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 II under federal law, as regulated by this Ordinance.

B. Video Gaming Video gaming machines are hereby authorized at gaming

facilities under Pueblo of Acoma law.

C. Casino Gaming which includes but is not limited to:

1. Any house banking game, including but not limited to:

a. Card games such as baccarat, chemin defer, blackjack (21) and

poker;

b. Casino games such as roulette, craps, and keno;

2. Any sports betting and parimutuel wagering;

3. Lotteries.

Acoina Gaming Ordinance

July 19, 1994

Page 7
D. Gaming Compact The Scope of Gaming permitted under this Ordinance may

be restricted by a Gaming Compact signed and approved by the Secretary of the Interior,

pursuant to the Indian Gaming Regulatory Act. Class III gaming, as defined in the Federal

Indian Gaming Regulatory Act, is authorized only to the extent that a Gaming Compact is

signed and approved by the Secretary of the Interior.

E. Scope of Gaming at any licensed site shall be decided by the Acoma Gaming

Commission, subject to review by the Acoma Tribal Council.

Section 10.. Ownership. Revenue Uses, Audit and Safety

A. Ownership The Pueblo of Acoma 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.

B. Revenue Uses Net revenues from tribal gaming activity must 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 Acoma and its members;

3. promote the economic development for the benefit of the Pueblo of

Acoma;

4. Donate to charitable organizations; or

5. Help fund operations of local government agencies.

C. Audits The Acoma gaming operation shall be audited at least annually by a

certified public accountant (CPA) selected by the Acoma Gaming Commission.

1. Copies ofthe independent audit reports for each year (including financial

statements and management letter) will be provided to the Governor and Acoma Gaming

Commission by May 15 of the following year. A copy of each annual report of gaming

activities shall be provided to the Acoma 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 for a contract amount in excess of $25,000 annually

(except contracts for professional, legal or accounting services) relating to gaming at Acoma.

D. Safety Each gaming facility operated at Acoma shall be built and maintained

in a way that adequately protects the environment and the public health and safety.

Section 11. Acoma Gaming Commission

A. Establishment of the Commission. appointment and terms There is hereby

established the Acoma Gaming Commission, consisting of a minimum of three (3) and a

maximum of five members that shall be appointed by the Governor with the approval ofTribal

Acoina Gaining Ordinance

July 19, 1994

Page 8
Council. One member shall be selected for a term to expire at the end of 1995. A second

member shall be selected for a term to expire at the end of 1996. The third members term shall

expire at the end of 1997. After the expiration of each initial term, succeeding members of the

Acoma Gaming Commission shall be chosen for a full term of three years to succeed those

whose terms expire. Each member of the Acoma 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 one consecutive term on the Acoma Gaming Commission.

B. Vacancies The Tribal Council shall select a new commissioner to fill any

vacancy on the Acoma Gaming Commission in the same way and subject to the same

restrictions as applied to the election ofthe Commissioner whose removal, resignation, or death

created the vacancy.

C. Removal Any Acoma 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.

D. Qualification of Commissioners No individual shall be eligible for any

appointment to, or continue service on, the Acoma Gaming Commission, who

1. Has been convicted of any felony or gaming offense;

2. Has any financial interest in, or management responsibility for, any

gaming activity; or

3. Has credit or other problems revealed by a credit check or background

investigation.

Each Acoma Gaming Commissioner must be open-minded and committed to the best

interest of the entire Pueblo of Acoma. Each Commissioner shall complete an Employment

Application form and privacy waiver providing background information and allowing

investigation as desired by the Pueblo.

E. Quorum and Voting Two members ofthe Acoma Gaming Commission, at least

one of which is the Chairman or Vice-Chairman shall constitute a quorum. The vote of a

majority of the Commission shall be the act of the Acoma Gaming Commission.

F. 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. The third

member shall 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 Acoma Gaming

Commission shall serve as liaison to the Tribal Administration and Tribal Council.

G. Meetings The Acoma Gaming Commission shall meet at the call of the

Chairman or a majority of its members, but shall meet at least once every month.

H. Compensation All members of the Acoma Gaming Commission shall be

Acoma Gaming Ordinance

July 19, 1994

Page 9
reimbursed for travel, and other necessary expenses incurred by them in the performance of

their duties. Members of the Acoma Gaming Commission shall be paid at rates approved by

the Governor and Tribal Council.

I. Powers and Duties of the Acoma Gaming Commission The Acoma Gaming

Commission shall have the following powers and duties:

1. Oversight of gaming activities The Acoma Gaming Commission shall

have primary responsibility for overseeing all gaming activity to assure the integrity of gaming

activity at Acoma and shall for that purpose employ one or more inspectors who shall be under

the sole supervision of the Acoma Gaming Commission. The Inspectors and Commissioners

shall access to all areas of any gaining facility at all times. The Inspector shall report to the

Acoma Gaming Commission regarding any failure by the Acoma Gaming Enterprise to comply

with sound gaming business practices, any of the provisions of this Ordinance and any other

applicable laws. All Inspectors shall be licensed by the Acoma Gaming Commission and

subject to background investigations.

2. Inspect and Copy The Acoma Gaming Commission and its agents may:

a. Inspect and examine all premises where gaming is conducted or

gaming devices or equipment is manufactured, sold or distributed.

b. Inspect all equipment and supplies in, upon or about such

premises.

c. Summarily seize and remove from such premises and impound any

equipment, supplies, documents or records for the purpose of examination and inspection.

d. Demand access to and inspect, examine, photocopy and audit all

papers, books, and records of any applicant or licensee, on his premises, or elsewhere, and in

the presence ofthe applicant or licensee, or his agent, respecting the gross income produced by

any gaming device or business, and require verification of income, and all other matters

afFecting the enforcement of the policy or any of the provisions of this Gaming Ordinance.

e. Demand access to and inspect, examine, photocopy and audit all

papers, books and records of any entity whom the Gaming Commission knows or reasonably

suspects is involved in the financing, operation or management of gaming at Acoma.

3. Audit Conduct audits, at least annually, ofeach gaming activity within

the Pueblo of Acoma.

4. Witness Testimony The Acoma Gaming Commission has full power and

authority to compel the attendance of witnesses at any place within this Pueblo of Acoma, to

administer oaths and to require testimony under oath. The Acoma 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 Acoma Gaming

Commission is guilty to perjury.

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July 19, 1994

Page 10
5. Reports to Governor. Tribal CounciL Acoma Public The Acoma

Gaming Commission shall submit reports to the Governor and Tribal Council of the Pueblo

of Acoma 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 Acoma

Gaming has been completed, the Gaming Commission shall present a summary of its annual

report to the Pueblo of Acoma at the next general meeting held after the completion of the

audit.

6. Education

A. The Acoma Gaming Commission shall review Acoma Gaming

operations and regulate as necessary to assure that Acomas commitment to education of our

people and maintaining our traditions remains strong.

B. The Acoma Gaming Commission shall budget time and money as

needed for training and education ofGaming Commissioners, and all Gaming staff as needed

to be aware of the Gaming industry and applicable law and good practices.

7. Review of Plans The Gaming Commission shall 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 protection of the public in any Gaming Facility.

8. Regulations The Gaming Commission may promulgate regulations to

govern the operation and management of the gaming activity.

9. Licenses The Gaming Commission may issue, suspend, and revoke

licenses in accordance with this Ordinance.

10. Standards The Board shall promulgate, review, approve, and revise the

technical standards and rules ofeach game operated by the Gaming Enterprise or Management

Contractor and shall notify the Gaming Enterprise of the rules and of any change to the rules.

11. Health. Safety and Security Standards The Acoma Gaming Commission

shall enforce and require that all health, safety and security standards applicable to the Gaming

Facilities are met.

12. Civil and Criminal Actions The Gaming Commission may in the name

ofthe Pueblo of Acoma bring any civil action or criminal compliant in the courts of the Pueblo

of Acoma, the State or the United States to enforce the provisions ofthis ordinance, the Indian

Gaming Regulatory Act, or any Compact entered into by the Pueblo of Acoma, or to enjoin

or otherwise prevent any violation of this ordinance, the Act, or a applicable law, occurring on

Pueblo lands.

13. Operational Budget The Gaining Commission shall adopt an annual

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July 19, 1994

Page II
operating budget for the Acoma 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 and may retain

legal counsel, consultants, and other professional services, including investigative services, to

assist the Gaining Commission with its responsibilities under the ordinance. The expenses of

the Gaming Commission in accordance with such budget shall be appropriated by the Council.

14. Orders The Gaming Commission may issue any order or decision, to any

Gaming Enterprise, or Gaming Employee, or to any other person within thejurisdiction of the

Pueblo, to take any action or cease and desist from any action as may be required to protect

to the public interest in gaming.

15. Hearings The Gaming Commission may conduct hearings,

investigations, inquiries, compel the production ofany information ordocuments, orotherwise

exercise the investigatory powers necessary to carry out its duties under this ordinance.

16. Director The Gaming Commission may appoint and retain an individual

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 staffas the Gaming Commission mayemploy, 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.

J. Procedures of the Gaming Commission

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 of the special meeting. Neither the business to 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.

3. Action byTelephone or Polling Approval ofaction telephonically orby

polling is also authorized.

4. 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

Acoma Gaming Ordinance

July 19, 1994

Page 12
proposed action and opportunity to appear and to be heard before the Gaming Commission,

either in person or through a representative 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 nine (9) days or the suspension

shall be discharged automatically.

5. Hearings If the Gaming Commission deems it necessary to protect the

public interest in the integrity ofthe 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 affected 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

Facilities by action of the Gaming commission may request a hearing before the Gaming

Commission by written request submitted within thirty (30) days following receipt of notice of

the action of the Gaming Commission. The Gaining Commissior~ shall thereupon afford an

opportunity to appear and be heard either in person or through a representative or legal

counsel, and to submit such evidence as the Gaming Commission deems relevant to 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.

6. Rules and Procedures The Gaining 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 Acoma Gaming Commission shall be

responsible for having Gaming at Acoma comply with the Indian Gaining Regulatory Act

(IGRA) and regulations of the National Indian Gaming Commission (NIGC).

K. Appeals to Tribal Court Any person aggrieved by the final action of the

Gaming Commission may file an appeal to the Tribal Court. The person shall file a notice of

appeal, stating the specific basis of the appeal and pay any court fees. Upon receipt of a notice

ofappeal, the court clerk shall schedule a hearing before the Tribal Court. The decision of the

Tribal Court shall be final.

Section 12. Gaming Licenses and Investigations

Every regular employee involved in gaming at Acoma must have a valid Acoma Pueblo

Gaming License. Until an employee received an Acoma Pueblo Gaming License that

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

A. Authority An Acoma Pueblo Gaming License is valid after signature by the

Acoma Gaming Commission.

B. Standards The Acoma Gaming Commission may not issue an Acoma Pueblo

Gaming License to any person whose prior activities, criminal record, if any, or reputation,

Acoma Gaining Ordinance

July 19, 1994

Page 13
habits or associations pose a threat to the public interest or to the effective regulation ofgaming

at Acoma. 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

Acoma.

C. License Conditions

I. Term An Acoma Pueblo Gaming License shall be valid for three years.

Application for renewal requires another employment application and background

investigation.

2. Form Each Acoma Gaming License shall be in the form of an

identification badge with a photograph, and the name of the license holder, and the words

ACOMA Pueblo Gaming License clearly shown.

3. Must be Worn Every holder of an Acoma Pueblo Gaming License must

have their license clearly visible while they are working at any Acoma Gaming site permitted

pursuant to this Ordinance.

D. License Required Every employee and primary management official of the

Acoma Pueblo Gaining Enterprise must have a valid Acoma Pueblo Gaming License within

90 days of their employment. Any person not receiving an Acoma Pueblo Gaming License

within that time period shall be terminated.

E. Procedures The following procedures must be followed in order to obtain an

Acoma Pueblo Gaming License.

1. All Gaming Employees

a. Application of Employment Every employee within the Acoma

Gaming Enterprise shall complete an appropriate employment application form. All

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

available for inspections by the Acoma Gaming Commission and the National Indian Gaming

Commission for at least three years from the ending date of employment for each employee.

b. Eligibility The Acoma Gaming Commission shall make a

determination of eligibility for issuing a gaming license on the basis of the application and any

background investigation report. -

2. Key Employees and Primary Management Officials

The policies and procedures set out in this section shall be implemented with

respect to key employees and primary management officials employed at any gaming enterprise

operated on Acoma lands:

a. Delmitions For the purposes of this section, the following

definitions apply:

(I) Key employee means

(i) A person who performs one or more of the following

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July 19, 1994

Page 14
functions:

Bingo caller;

Counting room supervisor

I Chief of security;

I Custodian of gaming supplies or cash;

Floor manager;

I Pit boss;

Dealer;

Croupier;

Approver of credit; or

Custodian of gambling devices including

persons with access to cash and accounting records within such devices;

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

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

(iii) If not otherwise included, the four most highly

compensated persons in the Acoma gaming operation.

(2) Primary management official means

(i) The person having management responsibility for

a management contract;

(ii) Any person who has authority to hire and fire

employees; or

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

or

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

financial management responsibility.

b. Application Forms - Notices

(I) The following notices shall be placed on the application

form for a key employee or a primary management official before that form is filled out by an

applicant:

In compliance with the Privacy Act of 1974, the following information is

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

U.S.C. 2701 et seq. The purpose of the requested information is to determine the

eligibility of individuals to be employed in the Acoma gaming operation. The

information will be used by National Indian Gaming CommLssion members and

staff who have need for the information in the performance of their official

duties. The information may be disclosed to appropriate Federal, Tribal, State,

Acorna Gaming Ordinance

July 19. 1994

Page 15
local, or foreign law enforcement and regulatory agencies when relevant to civil,

criminal or regulatory investigations or prosecutions or when pursuant to a

requirement by the Pueblo of Acoma or the National Indian Gaming

Commission in connection with the hiring or firing of an employee, the issuance

or revocation ofa gaming license, or investigations of activities while associated

with a tribe or a gaming operation. Failure to consent to the disclosures

indicated in this notice will result in The Pueblo of Acoma Gaming being unable

to hire you in a primary management official or key employee position.

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

failure to supply a SSN may result in errors in processing your application.

A false statement on any part ofyour application may be grounds for not hiring

you, or for firing you after you begin work. Also, you may be punished by fme

or imprisonment.

(U.S. Code, title 18, section 1001.)

(2) Existing key employees and primary management officials

shall be notified in writing that they shall either:

(i) Complete a new application form that contains a

Privacy Act notice; or

(ii) Sign a statement that contains the Privacy Act notice

and consent to the routine uses described in that notice.

(3) The following notice shall be placed on the application form

for a key employee or a primary official before that form is filled out by an applicant.

(4) The Tribe shall notify in writing existing key employees and

primary management officials that they shall either:

(i) Complete a new application form that contains a

notice regarding false statements or -

(ii) Sign a statement that contains the notice regarding

false statements.

c. Background Investigations

(1) The Pueblo shall request from each primary management

official and from each key employee all of the following information:

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

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

Acoma Gaming Ordinance

July 19, 1994

Page 16
written);

(ii) Currently and for the previous 5 years: business and

employment position held, ownership interests in those businesses, business and residence

addresses, and drivers license numbers;

(iii) The names and current addresses of at least three

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

during each period of residence listed under paragraph (1) (b) of this section;

(iv) Current business and residence telephone numbers;

(v) A description ofany existing and previous business

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

(vi) Adescription ofany existing and previous business

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

businesses;

(vii) The name and address ofany licensing or regulatory

agency with which the person has filed an application for a license or permit related to gaming,

whether or not such license or permit was granted;

(viii) 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;

(ix) 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;

(x) 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 (1) (viii) or (1) (ix) of

this subsection, the criminal charge, the name and address of the court involved and the date

and disposition;

(xi) The name and address ofany licensing or regulatory

agency with which the person has filed an application for an occupational license or permit,

whether or not such license or permit was granted;

(xii) A current photograph;

(xiii) Any other information the Acoma Gaming

Commission, his designee, or the Acoma Gaming Manager deems relevant; and

(xiv) Fingerprints consistent with procedures adopted by

the Tribe according to 25 C.F.R. § 522.2 (h).

(2) The Acoma Gaming Commission through appropriate law

enforcement or other agents shall conduct an investigation sufficient to make a determination

under subsection D. below. In conducting a background investigation, the Acoma Gaming

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July 19, 1994

Page 17
Commission or its agent shall promise to keep confidential the identity of each person

interviewed in the course of the investigation.

d. Eligibility Determination The Acoma Gaming Commission shall

review a persons prior activities, criminal record, if any, and reputation, habits and

associations to make a fmding concerning the eligibility of a key employee or primary

management official for employment in a gaming operation. If the Acoma Gaming

Commission determines that employment ofthe 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 ofgaming, Acoma gaming operation

shall not employ that person in a key employee or primary management official position.

e. Procedures for Forwarding Applications and Reports for Key

Employees and Primary Management Officials to the National Indian Gaming Corn-mission

(1) When a key employee or primary management official

begins work at a gaming operation authorized by this ordinance, the Acoma 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 in subsection (d.) of this section.

(2) The Acoma Gaming Commission shall forward the report

referred to in subsection (f.) of this section to the National Indian Gaming Commission within

60 days after a key employee or primary management official begins work or within 60 days

of the approval of this ordinance by the Chairman of the National Indian Gaming

Commission, whichever is later.

(3) The gaming operation shall not employ as a key employee

or primary management official a person who does not have a license after 90 days of

application for an Acoma Gaming License.

f. Report to the National Indian Gaming Commission

(1) Pursuant to the procedures set out in subsection (e.) ofthis

section, the Acoma Gaming Commission shall receive or prepare and forward to the National

Indian Gaming Commission an investigative report on each background investigation. An

investigative report shall include all of the following:

Steps taken in conducting a background investigation;

Results obtained;

Conclusions reached; and

The bases for those conclusions.

(2) The Acoma Gaming Commission shall submit, with the

report, a copy of the eligibility determination made under subsection (d.) of this section.

(3) If a license is not issued to an applicant, the Acoma Gaming

Commission:

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July 19, 1994

Page 18
Shall notify the National Indian Gaming Commission; and

May forward copies of its eligibility determination and

investigative report (if any) to the National Indian Gaming Commkcion for inclusion in the

Indian Gaming Individuals Records System.

(4) With respect to key employees and primary management

officials, the Acoma 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 of his or her designee for no less than three (3) years from the date of

termination of employment.

g. Granting a Gaming License

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

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

tribe that is has no objection to the issuance ofa 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 Acoma

Gaming Commission may issue a license to such applicant.

(2) The Acoma 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 30-day period under paragraph (g. 1.) ofthis 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 Acoma 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 Acoma Gaming Commission has provided an application

and investigative report to the National Indian Gaming Commission, the Acoma Gaming

Commission shall reconsider the application, taking into account the objections itemized by

the National Indian Gaming Commission. The Acoma Gaming Commission shall make the

fmal decision whether to issue a license to such applicant.

h. License Suspension and Revocation

(I) If, after the issuance of a gaming license, the Acoma

Gaming Commission receives from the National Indian Gaming Commission or elsewhere

reliable information indicating that any employee, especially a key employee or a primary

management official is not eligible for employment under subsection D. above, the Acoma

Gaming Commission shall suspend such license and shall notify in writing the licensee of the

suspension and the proposed revocation.

(2) The Acoma Gaming Commission shall notify the licensee

of a time and a place for a hearing on the proposed revocation of a license.

Acoma Gaming Ordinance

July 19, 1994

Page 19
(3) After a revocation hearing, the Acoma Gaming

Commission shall decide to revoke or to reinstate a gaming license. The Acoma Gaming

Commission shall notify the National Indian Gaming Commission of its decision concerning

each key employee or primary management official.

(4) Any Acoma Pueblo g~lming license may be suspended or

revoked for cause.

F. Cost of Investigations Key employees, primary management officials, and

contractors which require background investigation pursuant to IGRA or in the judgment of

the Pueblo shall pay the full cost of such investigations.

G. License Fees The fee for an Acoma Pueblo Gaming License shall be $50 for

each regular employee and $200 for each key employee or primary management official.

H. License Issuance by Governors Office

Each Acoma Pueblo Gaining License shall be issued by the Acoma Gaming

Commission.

Section 13.. Site Permits for Gaming

A. Issuance The Governor shall issue an Acoma Gaming Site Permit for each site

and premises recommended by the Acoma Gaming Commission and approved by the Tribal

Council for gaming at Acoma. Each permit shall describe specifically the scope and extent of

gaming allowed at that site, including but no limited to the maximum number ofvideo gaming

machines allowed on the premises.

B. Required Gaming regulated by this Ordinance may take place only at a site

which has a Site Permit for Gaming at Acoma.

Section 14.. Severability and Amendment

If any part of this Gaming Ordinance is determined to be unlawful by a court of

competentjurisdiction, the remainder ofthe Gaming Code shall remain in full forces and effect.

This Gaming Ordinance may be changed from time to time by the Tribal Council of the Pueblo

of Acoma.

Acoma Gaming Ordinance

July 19. 1994

Page 20