July 9, 2013 

Maxine Velasquez, Chair 

Laguna Gaming Control Board 

P.O. Box 225 

Laguna, NM 87026 

RE: Pueblo of Laguna Gaming Control Ordinance and Resolution Number 27-13 

Dear Chair Velasquez, 

This letter responds to your May 16, 2013, request on behalf of the Pueblo of 

Laguna (Pueblo) to the National Indian Gaming Commission (NIGC) to review and 

approve the Pueblo's amendments to its gaming control ordinance. The amendments to 

the gaming control ordinance were adopted by Resolution No. 27-13 by the Pueblo 

Council. 

Resolution No. 27-13 revises the Pueblo's current gaming control ordinance to 

distinguish between its gaming and non-gaming activities, to redefine gaming revenue, 

and to reflect changes in the NIGC regulations promulgated since 1995. The provisions 

most significantly amended cover definitions, scope of gaming, compliance with lGRA 

(i.e. audit), licensing procedures, backgroWld investigation processes, dispute resolution 

procedures, the gaming control board, prohibited acts, interpretation, and sovereign 

immunity. 

Thank you for bringing the amended gaming ordinance to om attention. The 

ordinance is approved, as it is consistent with the requirements of the Indian Gaming 

Regulatory Act and NIGC regulations. If you have any questions, please contact Staff 

Attorney Heather Corson at (202) 632-7003. 

Sincerely, 

/Jtu/l1P 

Tracie L. Stevens 

Chairwoman 

cc: Tammi Lambert, Esq., Government Affairs Director, Pueblo of Laguna 

(via email: TLambert@lagunapueblo-nsn.gov) 

Mr. Stephen Durkin, Executive Director, LaglUla Tribal Gaming Authority 

(via email: sdurkin@Itgra.org) 

Tom Peckham, Esq., Nordhaus Law Firm 

(via email: TPeckham@NordhausLaw.com) 

NATIONAL HEADQUARTERS 1441 L '.;;t. NW, SuitP. 9100. w~~hington, DC :.moos Tr!I: 202.632.700::! rax: 20/ .632.7066 WWW.NIGC.GOV 

REGIONAL OFFICES Portland, OR; Sac.ramento, CA; Phoenix. AZ; St. Paul, MN; Tulsa, OK 
PUEBLO OF LAGUNA 

P.O. Box 194 

LAGUNA, NEW MEXICO 87026 

PUEBLO OF LAGUNA 

RESOLUTION OF THE PUEBLO COUNCIL 

Resolution No. 27-13 -------

Re: Amendments to the Gaming Control Ordinance 

At a duly called meeting of the Pueblo of Laguna Council held on the 4th day of 

May , 20 g the following resolution was adopted: 

WHEREAS, the Pueblo of Laguna is a federally recognized Indian Tribe organized 

pursuant to the Indian Reorganization Act of 1 934; and 

WHEREAS, the authority to regulate gaming on lands of the Pueblo and otherwise as 

authorized by law arises under the inherent powers of the Pueblo and the Indian Gaming 

Regulatory Act ("IGRA"), 25 U.S.C. § 2701 et seq.; and 

WHEREAS, the Pueblo enacted its Gaming Control Ordinance, No. 100.95 (now 

codified at Title XIV of the Pueblo of Laguna Code), on April 12, 1995, which created the 

Pueblo of Laguna Gaming Control Board as an independent instrumentality of the Pueblo 

government charged with ensuring the integrity of gaming activities on the Laguna Reservation 

and other Pueblo Lands; and 

WHEREAS, since passage of the Ordinance, gaming on the Pueblo has become a mature 

industry, the compact with the State of New Mexico has been amended multiple times, and the 

Pueblo of Laguna Gaming Control Board and Laguna Development Corporation ("LDC") have 

each amassed considerable experience with gaming and its regulation; and 

WHEREAS, the Gaming Control Board, after extensive consultation with LDC over a 

period of years, recommended that Title XIV be amended to reflect that experience and the 

changing gaming environment; and 

WHEREAS, the Policy, Permits, and Contracts Committee of the Pueblo reviewed the 

proposed amendments and, after working extensively with the Gaming Control Board and LDC 

to resolve outstanding issues, recommended enactment of the amended Ordinance. 

'WHEREAS, by Resolution No. 91~12, the Pueblo Council approved the amendments to 

the Ordinance, which were submitted to the National Indian Gaming Commission ("NIGC") for 

review and approval as required by IGRA; and 

WHEREAS, the NIGC requested several amendments to the proposed Ordinance, 

including some based on new regulations promulgated by the NIGC in January 2013; and 
Resolution No. 27-13 

WHEREAS, the Laguna Gaming Control Board reviewed the requests of the NIGC and 

has approved several additional amendments, which are reflected herein; and 

WHEREASt the Policy, Permits, and Contracts Conunittee of the Pueblo reviewed the 

additional amendments and has recommended enactment of the amended Ordinance as attached 

hereto. 

NOW THEREFORE BE IT RESOLVED, that the Pueblo of Laguna Gaming Control 

Board is directed to transmit the following Ordinance to the NIGC for approval in accordance 

with federal law and to act as the Pueblo's representative in resolving any questions raised by the 

NIGC during its review. 

BE IT RESOLVED BY THE PUEBLO COUNCIL OF THE PUEBLO OF 

LAGUNA, that effective on the first day of the second month following the month in which the 

Chairman of the NTGC either (1) approves the amended Gaming Control Ordinance or (2) 

provides "substitute approval" under 25 C.F.R. § 522.9, the Pueblo of Laguna Gaming Control 

Ordinance is amended and attached as Attachment A, and is to remain codified as Title XIV of 

the Pueblo of Laguna Code. 

ATTEST: 

Pueblo 

~~~ Secretary 

CERTIFICATION 

The foregoing Ordinance was enacted by the Council of the Pueblo of T ,aguna on the 4th 

day of May , 2013, by a vote of 19 for, _o_ oppose, at a duly called meeting 

at which a quorum of the Pueblo Council was present. 

Governor 

~~ 

ATTEST: 

Pueblo Secretary 
ATTACHMENT A: 

GAMING CONTROL ORDINANCE 
CHAPTER 1 GAMING CONTROL 

Section 14-1-1. Title; Purpose. 

A. Title. This chapter is known as the Gaming Control Ordinance. 

B. Purpose. This chapter, revising and amending Tide XIV, Chapter 1 (Ordinance No. 

100-95), is enacted and shall be interpreted to accomplish the following purposes: 

(1) To legalize and regulate the conduct of Gaming Activity on Pueblo Lands; 

(2) To maintain the highest standard of integrity in the conduct of Gaming Activity 

on Pueblo Lands; 

(3) To produce revenue to fund the Pueblo's governmental operations and programs; 

(4) To promote the health, education, and welfare of the Pueblo and its members; and 

(5) To promote the Pueblo's economic development. 

Section 14-1-2. Definitions. 

Unless a different definition is required to allow the Board to fulfill its duty to ensure 

compliance with IGRA, its implementing regulations, and the Compact, for purposes of this 

chapter: 

Applicable Law means, as applicable in context, this chapter, lawful regulations of the 

Board, IGRA, lawful regulations of the Commission, and any other binding source of 

substantive law. 

Board means the Pueblo of Laguna Gaming Control Board established by the Pueblo, 

including, unless otherwise dictated by context, the Tribal Gaming Regulatory Authority, the 

Pueblo governmental agency which reports to the Board and, under the direction of the 

Board, performs many of the Board's functions. 

Class I Gaming means Class I Gaming as defined in IGRA. 

Class II Gaming means Class II Gaming as defined in IGRA. 

Class III Gaming means Class III Gaming as defined in IGRA. 

Commission means the National Indian Gaming Commission. 

Compact means any Tribal-State Compact between the Pueblo and the State governing 

the conduct of Class III Gaming that is legally in effect under IGRA (including any 

applicable Class III procedures approved by the Secretary pursuant to 25 C.F .R. § 291 ). 
Gaming Activity means all forms of Class II Gaming and Class HI Gaming conducted by 

a Gaming Operation on Pueblo Lands. 

Gaming Device means any gambling device as defined in 15 U.S.C. § 1171 (a). 

Gaming Equipment means any equipment, device, or contrivance, other than a Gaming 

Device, used to conduct Class II or Class III Gaming. 

Gaming Employee means a Key Gaming Employee or a Non-Key Gaming Employee. 

Gaming Enterprise means an enterprise, corporation, or other entity wholly owned by the 

Pueblo and authorized to conduct Gaming Activity in any Gaming Facility. 

Gaming Facility for purposes of this chapter means the portions of a building or location 

in which Gaming Activity is conducted or which are intended to be integrally related to a 

Gaming Activity. 

For example, a hotel, restaurant, retail store, or similar space adjoining a Gaming 

Facility is likely not integrally related to a Gaming Activity except to the extent 

that Gaming Activity may be conducted in such a space. In contrast, lobbies, 

administrative offices, and other spaces which directly support Gaming Activity 

are parts of a Gaming Facility. 

The Board shall reasonably determine the extent of a Gaming Facility when 

applying this chapter; provided, however, that when IGRA, other Applicable Law, 

or the Compact specifically requires a different definition of Gaming Facility, that 

definition shall be applied to the extent necessary to comply with Applicable Law 

or the Compact. 

Gaming Operation means a division, department, or unit of a Gaming Enterprise that is 

responsible for Gaming Activity or Gaming Revenues, including issuing the prizes and 

paying the expenses in connection with the conduct of Gaming Activity. For purposes of this 

chapter, unless the context dictates otherwise, a Gaming Operation includes any Management 

Contractor having a Management Contract related to the Gaming Operation. 

Gaming-Related Contract means a contract or agreement providing for any goods, 

services, or concessions to the Pueblo, a Gaming Operation, or a Management Contractor in 

connection with the conduct of Gaming Activity in a Gaming Facility (but not including 

professional, legal, or accounting services) in an amount reasonably anticipated to be in 

excess of $10,000 in a calendar year (or a greater amount established by the Board by 

regulation and calculated to protect the integrity of Gaming Activities and the proceeds 

therefrom). No Gaming-Related Contract may be broken up into parts for the purpose of 

avoiding this definition and any corresponding requirement of licensure or certification. 

Gaming Revenues means all revenues of a Gaming Operation earned or collected at a 

Gaming Facility. If a Gaming Enterprise does not segregate clearly non~gaming revenue 

from Gaming Revenues for accounting purposes, all such undifferentiated revenue shall be 

considered Gaming Revenues. 
IGRA means the Indian Gaming Regulatory Act of 1988, 25 U.S.C. §§ 2701-2721and18 

U.S.C. §§ 1166-1168, including any amendments, and where appropriate all lawful 

regulations promulgated thereunder. 

Key Gaming Employee means: 

(1) any natural person employed by a Gaming Operation who falls within the 

definitions of "Key Employee" or "Primary Management Official" under IGRA 

and its implementing regulations, and also any natural person employed by a 

Gaming Enterprise who falls within one of those definitions because of job 

responsibilities that relate to a Gaming Operation, Gaming Activity, or Gaming 

Revenues, and 

(2) such other employees as may reasonably be included by the Board by regulation 

because they exercise significant responsibility or influence with respect to a 

Gaming Activity or Gaming Revenues. All valet personnel shall also be 

considered Key Gaming Employees unless expressly excluded by the Board by 

regulation or order. 

Management Contract means any contract, subcontract, or collateral agreement between 

the Pueblo or a Gaming Enterprise and a Management Contractor, or between a Management 

Contractor and a subcontractor, if such contract or agreement provides for the management 

of all or part of a Gaming Operation or Gaming Activity. 

Management Contractor means any Person who enters into a Management Contract with 

the Pueblo or a Gaming Enterprise, but does not include a Gaming Enterprise itself. 

Minor Employee means any person under the age of 21 but 18 years or older employed 

under subsection 14-l-3E. 

Net Revenues means gross revenues of a Gaming Activity less amounts paid out as, or paid for, 

prizes and total gaming-related operating expenses, including all those expenses of a Gaming 

Operation conunonly known as operating expenses and non·operating expenses consistent with 

professionaJ accounting pronouncements, excluding management fees. 

Non-Gaming Contract means a contract or other agreement reasonably anticipated to be 

in excess of $10,000 in a calendar year (or a greater amount established by the Board by 

regulation calculated to protect the integrity of Gaming Activity and the revenues therefrom) 

to provide any goods, services, or concessions which are not directly related to a Gaming 

Activity but which are for use or consumption 

( l) by a Gariling Operatic~ 

(2) at a Gaming Facility, or 

(3) significant! y by patrons of a Gaming Facility. 

Non-Key Gaming Employee means any person: 

( l) who is not a Key Gaming Employee; 
(2) who is employed either by 

(a) a Gaming Operation or 

(b) any employer within a Gaming Facility; 

and 

(3) whose employment includes work in areas in which Gaming Activity is 

conducted or in which cash or other valuable items or information relating to 

Gaming Activity or Gaming Revenues are handled; provided, however, that 

categories of employees, such as beverage servers, barbacks, and similar 

employees, whose exposure to the Gaming Activity in such areas is limited and 

who are not licensed by the Board as of the date of enactment of this amended 

chapter will not be licensed under this chapter unless at the express direction of 

the Pueblo Council. Examples of such areas are a cage, pit, drop and colUlt room, 

poker room, card and dice room, surveillance, administrative office, and player's 

club room. 

Employees whose employment does not meet this definition or the definition of a Key 

Gaming Employee are not licensed by the Board under this chapter. Notwithstanding the 

foregoing, any employee who is not a Key Gaming Employee under this definition but who 

is required to be licensed by the Board under Applicable Law (excepting the Board's 

regulations) or the Compact is nevertheless a Non-Key Gaming Employee. 

Person means any individual, partnership, corporation, company, or other legal entity. 

Pueblo means the Pueblo of Laguna, a federally recognized Indian Pueblo, its authorized 

officials, agents, and representatives. 

Pueblo Council means the governing council created by Article Ill of the Constitution of 

the Pueblo of Laguna (1984) or any successor constitution. 

Pueblo Lands for purposes of this chapter means all "Indian lands" of the Pueblo or its 

members as that term is defined in IGRA. 

Secretary means the Secretary of the Interior or his duly authorized representative. 

State means the State of New Mexico, its authorized officials, agents, and representatives. 

Section 14-1-3. Nature and Scope of Gaming Activities. 

A. Authorized gaming. A Gaming Operation may conduct all forms of Gaming Activity 

in any Gaming Facility, subject to the provisions of the Compact and Applicable Law. 

B. Forms of payment. All payment for wagers made in any Gaming Activity conducted 

by a Gaming Operation shall be made by cash, chips, or tokens. A Gaming Operation may 

extend credit except to the extent prohibited or limited by Applicable Law or the Compact. 
C. Wagering limitations. A Gaming Operation may set the maximum wager for Class II 

or Class III Gaming Activities except to the extent limited by Applicable Law or the 

Compact. 

D. Hours of operation. A Gaming Operation may conduct any authorized Gaming 

Activity during the hours and on the days allowed under Applicable Law and the Compact. 

E. Prohibition of minors. No person under the age of 21 shall participate in any Class 

III Gaming. However, a Minor Employee may be employed by a Gaming Operation as a 

Non-Key Gaming Employee or in Class II Gaming. Participation in Class II Gaming shall 

comply with Applicable Law. 

Section 14-1-4. Compliance with IGRA. 

This chapter shall be construed in a manner that conforms to IGRA in all respects, and, if this 

chapter is inconsistent with IGRA in any manner, the lawful provisions of IGRA shall 

govern. 

A. Proprieta1y interest. The Pueblo shall have the sole proprietary interest in and 

responsibility for the conduct of any Gaming Activity on Pueblo Lands other than lawful 

charitable gaming and Class I Gaming; however, nothing in this section shall prevent the 

Pueblo or a Gaming Enterprise from entering into a Management Contract. 

B. Use of net revenues. The Net Revenues of each Gaming Operation shall be used for the 

following purposes: 

(1) To fund the Pueblo's government operation of programs; 

(2) To promote and provide for the health, education, and welfare of the Pueblo and 

its members; 

(3) To promote and provide for the Pueblo's economic development; 

( 4) To donate to charitable organizations and causes; or 

(5) To help fund operations of local government agencies. 

C. Annual audit. Each Gaming Operation shall be subject to an annual audit by independent 

certified public accountants approved in advance by the Board. Such approval shall not 

be unreasonably denied or delayed. Copies of the annual audit shall be sent.timely to the 

Board, the Pueblo, the State if required by a Compact, and the Commission if required by 

federal law. All Gaming-Related Contracts, except contracts for professional, legal, or 

accounting services, shall be subject to the annual audit. 

D. Public safety standards. Each Gaming Facility shall be constructed and maintained in a 

manner that adequately protects the environment and the public health and safety, and in 

accordance with the Compact and all building code provisions adopted by the Pueblo. 

Section 14~1-5. Licensing. 
A. Gaming license requirements. Unless a Compact shall allocate responsibility to an 

entity other than the Board, the licensing authority for Class II Gaming and Class III Gaming 

shall be the Board. 

(1) Key gaming employees. Each Key Gaming Employee of a Gaming Operation or 

Management Contractor must have a license issued by the Board. 

(2) Gamingfacility. Each Gaming Facility must have a license issued by the Board. 

(3) Management contractor. Pursuant to IGRA, each Management Contractor, each 

Person having management responsibility for a Management Contract as defined by 

federal or Board regulation, and any Person having a direct or indirect financial 

interest in a Management Contract approved by the Commission must have a 

license issued by the Board after an independent assessment by the Board of the 

suitability of each such contractor and Person. 

( 4) Gaming device and gaming equipment. Each Gaming Device must have a license 

issued by the Board. Other Gaming Equipment must be certified or licensed by the 

Board if required by IGRA, other Applicable Law, or the Compact. 

(5) Gaming-related contractors. Each Person proposing to enter into a GamingRelated Contract must have a license issued by the Board; provided, however, that 

the Board may by regulation exempt certain vendors. 

(6) Non-gaming contractors. Each Person proposing to enter into a Non-Gaming 

Contract must have a license issued by the Board unless the Pueblo Council has 

retained licensing authority over certain Non-Gaming Contracts or has delegated 

such authority to another Pueblo entity for a similar purpose; provided, however, 

that the Board may by regulation exempt certain vendors. 

(7) Other persons. Consistent with Pueblo law, the Board may require licensure of 

such other Persons as necessary to protect the integrity of a Gaming Operation, 

Gaming Activities, or Gaming Revenues, or to carry out the purposes of this chapter 

unless the Pueblo Council has retained licensing authority over certain Persons or 

has delegated such authority to another Pueblo entity for a similar purpose. 

B. Applications for gaming licenses. An applicant applying for a license shall provide 

all the information required by subsection 14·1-68 of this chapter and IGRA on an 

application form adopted by the Board for that purpose. The applicant shall pay any fees 

required by the Board or the Commission. 

(l) The Board shall require each applicant to sign and submit a Privacy Act notice on 

an application form as required by IGRA ("Privacy Act Notice'). As of the date of 

approval of this chapter, the required language is: 

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 infonnation is to 

determine the eligibility of individuals to be granted a gaming license. The 
information will be used by the Tribal gaming regulatory authorities and by 

the National Indian Gaming Commission (NIGC) members and staff who 

have need for the information in the perfonnance of their official duties. 

The information may be disclosed by the Tribe or the NIGC to appropriate 

Federal, Tribal, State, local, or foreign law enforcement and regulatory 

agencies when relevant to civil, criminal, or regulatory investigations or 

prosecutions or when pursuant to a requirement by a tribe or the NIGC in 

connection with the issuance, denial, or revocation of a gaming license, or 

investigations of activities while associated with a tribe or a gaming 

operation. Failure to consent to the disclosures indicated in this notice will 

result in a tribe's being unable to license you for 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. 

(2) The Board shall require each applicant to sign and submit a notice regarding false 

statements on an application form as required by IGRA ("False Statements 

Notice"). As of the date of approval of this chapter, the required language is: 

A false statement on any part of your license application may be grounds for 

denying a license or the suspension or revocation of a license. Also, you 

may be punished by fine or imprisonment. (U.S. Code, title 18, section 

1001) 

(3) The Board shall notify in writing each Person who is required to be licensed 

pursuant to subsection 14-1-SA of this chapter but who has not signed and 

submitted an application form containing the Privacy Act Notice and the False 

Statements Notice, to either complete a new application form that contains the 

Privacy Act Notice and False Statements Notice or sign a statement that contains 

the False Statements Notice and Privacy Act Notice. 

C. Granting a gaming license. 

(1) If the Commission notifies the Board that it has no objection to the issuance of a 

license to a Key Gaming Employee, the Board may issue a license to such 

applicant. 

(2) If the Commission provides the Board with a statement itemizing objections to the 

issuance of a license to a Key Gaming Employee, the Board shall reconsider the 

application by taking into account the objections itemized by the Commission. The 

Board shall make the final decision whether to issue a license to such applicant. 

(3) The Board shall notify the Commission within 30 calendar days of the issuance of a 

license to a Key Gaming Employee. 

(4) A denial of a gaming license may be appealed to the Pueblo Court only under 

section 14-1-14. Any appeal must be filed with the Pueblo Court within fourteen 

calendar days of the applicant's receipt of notice of the denial. That notice shall 
include information regarding any right of appeal. The filing fee for an appeal 

under this paragraph shall be established by the Pueblo Court. 

D. Suspension and revocation of gaming license. 

(1) If, after the issuance of a license, the Board obtains reliable information from the 

Com.mission or other source indicating that a licensee may no longer meet the 

standards for licensure set forth in subsection 14-1-60 of this chapter or in the 

Board's regulations, the Board may suspend the license, immediately if necessary to 

protect the public welfare or if required by Applicable Law. The Board shall notify 

the licensee in writing of the proposed or summary suspension, and of any proposed 

revocation of the license, and shall include a statement of the grounds therefore. If 

a license is not suspended summarily, the Board may establish a date certain for the 

suspension, which date generally will follow disciplinary proceedings. 

(2) No later than seven calendar days after the Board notifies a pennanent licensee of a 

summary suspension, or no later than fourteen calendar days after notice of a 

proposed suspension or revocation, the Board shall also notify the permanent 

licensee of the availability of a hearing regarding suspension or revocation of a 

license. The permanent licensee waives the right to a hearing by failing to make a 

timely request in accordance with Board procedures, as stated in the notice to the 

licensee. Temporary licensees do not have a right to a hearing, although the Board 

may at its discretion and under extraordinary circumstances elect to grant a hearing 

if the temporary licensee requests one in writing within seven calendar days of 

receiving notice of a revocation or suspension. 

(3) After the hearing, if any, and any other proceedings, the Board sh.all decide to 

suspend, revoke, or reinstate the license. The decision may be appealed to the 

Pueblo Court only under section 14-1-14. Any appeal must be filed with the Pueblo 

Court within fourteen calendar days of the applicant's receipt of notice of the 

Board's final decision regarding suspension or revocation. That notice shall include 

information regarding any right of appeal. The filing fee for an appeal under this 

paragraph shall be established by the Pueblo Court. The Board shall notify the 

Commission of any decision to suspend or revoke a license. 

E. Duration and renewal of licenses. Any permanent license issued by the Board shall 

be effective for one year from the date of issuance, except: 

(1) Gaming Facility licenses under paragraph 14-l-5A.(2) shall be effective for a 

period of up to three years and shall be issued to coincide with the NIGC licensing 

cycle, and 

(2) licenses issued pursuant to paragraphs 14-1-5A.(6) and 14-1-SA.(7) above may, as a 

class or subclass~ be effective for two years at the discretion of the Board. 

Any license for a Management Contractor shall be renewed automatically each year during 

the term of the Management Contract unless the Board determines that the Management 

Contractor is in violation of Applicable Law or in material breach of the Management 

Contract. A licensee who has submitted the required application for renewal and any other 

information required by the Board at least 30 calendar days before the expiration of his 
license may continue to be employed under the expired license until final action is taken on 

the renewal application by the Board or, if required by IGRA, the Commission. Such 

licensee shall provide updated material and information as requested on the appropriate 

renewal application, but shall not be required to resubmit historical data already provided or 

otherwise readily available to the Board. 

F. Identification badge. The Board shall require each employee of a Gaming Operation 

to wear an identification badge issued in accordance with the Board's regulations and 

including at least the employee's photograph, name, employee number, and a date of 

expiration. 

G. Fees for licenses. Reasonable fees for licenses, including background investigation 

costs under subsection 14-1-6J, shall be set by the Board. Payment in full of any required fee 

is required before a license is issued. 

H. Temporary licenses. After preliminary review of a completed application, the Board 

in accordance with its regulations and in its discretion may issue a temporary license to a 

Gaming Employee. 

Section 14-1-6. Background Investigations. 

A. Board authority. Unless a Compact shall allocate sole jurisdiction to an entity other 

than the Board with respect to background investigations, the Board shall conduct a 

background investigation of each Person required to be licensed pursuant to subsection l 4-l5A commensurate with the degree of involvement of each class of licensees in Gaming 

Activities. All applicants of whom IGRA requires a background investigation shall be the 

subject of an investigation by the Board to standards at least as stringent as those required by 

IGRA. In a manner consistent with any requirements of Applicable Law and the Compact, 

the Board may contract for any service that facilitates the Board's ultimate function of 

rendering a Suitability Determination for licensure under subsection 14-l-6G. 

B. Required information. Each Person required to be licensed pursuant to subsection 14-

1-SA shall provide to the Board appropriate information as required by IGRA, the 

Commission, the Compact, or the Board on an application fonn for the purpose, which may 

(or, if required by Applicable Law, must) include the following: 

(1) Full name, other names used (oral or written), social security number(s), birth date, 

place of birth, citizenship, gender, and all languages (spoken or written); 

(2) Business and employment positions held, ownership interests in those businesses, 

business and residence addresses, and driver's license numbers, including 

information as of, and for the ten years prior to, the date of application; 

(3) 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 14·1-6B.(2); 

(4) Current business and residence telephone numbers, or similar contact information 

acceptable under Applicable Law and policies; 
(5) A description of any existing and previous business relationships with Indian tribes, 

including ownership interests in those businesses; 

(6) A description of any existing and previous business relationships with the gaming 

industry generally, including ownership interests in those businesses; 

(7) The names and address of any licensing or regulatory agency with which the person 

has filed an application for a license or permit related to gaming, whether or not 

such license or permit was granted; 

(8) For each felony charge since age 18 for which there is an ongoing prosecution or 

conviction, the charge, the name and address of the court involved, and the date and 

disposition, if any; 

(9) For each misdemeanor charge (excluding minor traffic violations) in the ten years 

prior to the application date for which there is a conviction or an ongoing 

prosecution, the charge, the name and address of the court involved, and the date 

and disposition, if any; 

(10) For each criminal charge in the ten years prior to the application date (excluding 

minor traffic charges), whether or not there is a conviction, if such criminal charge 

is not otherwise listed pursuant to paragraph l 4· 1-6B.(8) or (9) of this chapter, the 

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

disposition. The Board may request such infonnation as far back as an applicant's 

eighteenth birthday if it determines that such information would aid in its 

assessment of that specific applicant's suitability for employment; 

( 11) The name and address of any licensing or regulatory agency with which the person 

has filed an application for an occupational or professional license or permit, 

whether or not such license or permit was granted and, if so, whether the license or 

pennit was ever revoked or suspended; 

(12) A photograph of the applicant; 

(13) Any other information the Board reasonably deems relevant; and 

(14) Fingerprints consistent with the procedures set forth in this chapter and in the 

Board's regulations. 

C. Release form. The Board shall obtain from each applicant a release form signed by 

the applicant authorizing the Board and Commission to obtain any information related to the 

applicant's activities, including schools, property interests (real and personal), employment, 

and other history from criminal justice agencies, regulatory agencies, businesses, financial 

institutions, lending institutions, medical institutions, hospitals, and health care professionals. 

D. Procedures for conducting background investigations. The Board shall conduct 

background investigations sufficient to enable the Board to make determinations of 

suitability pursuant to subsection 14-1-6G. 
(1) An applicant for a license shall provide to the Board all the information required 

pursuant to subsection 14-1-6B deemed necessary by the Board to conduct a 

background investigation of the applicant, which may include but is not limited to 

certified copies of the applicant's birth certificate, social security card, driver's 

license, passport, and other documents. 

(2) To the extent reasonably necessary and as provided in Applicable Law and the 

Board's policies and procedures, the Board shall investigate, confmn, and verify the 

information provided by the applicant and obtain any additional information 

pursuant to the signed release form. In conducting a background investigation, the 

Board shall take reasonable steps to keep confidential the identity of each person 

interviewed in the course of the background investigation. 

(3) In accordance with Applicable Law and Board policies and procedures, the Board 

shall initiate criminal background checks for each applicant for a license, including 

fingerprint and criminal history checks consistent with subsections 14-1-6E and F. 

(a) The report or a summary of any initial background check shall identify 

criminal history and other information received from a law enforcement entity 

relevant to a Suitability Determination under subsection 14-1-60. 

(b) The Board shall review any background check report received. 

( c) The Board shall use the results of any background check to perfonn the lawful 

duties of Board. 

(4) Once the Board has evaluated the accuracy and completeness of the infonnation 

provided by the applicant and other information obtained pursuant to a signed 

release form, the Board shall analyze such information to make the Suitability 

Determination. The Board may conduct any further background investigation 

should the circumstances warrant. 

E. Fingerprint check. 

(1) Applicants for a license must submit fingerprints if required by Applicable Law, the 

Compact, or Board policies or procedures. Reports obtained from the processing of 

such fingerprints shall be incorporated into the applicant's license file. 

(2) The chair of the Board is authorized to negotiate and enter into an agreement with 

the Commission or a state, federal, or other competent law agency for the purpose 

of processing fingerprints to obtain criminal history record information ("CHRI"). 

Such CHRl shall include a check of such information maintained by the Federal 

Bureau of Investigation, which shall be included in a report to the Board for use in 

its background check under subsection 14-1-60. As of the date of enactment of this 

chapter, the Board has an agreement with the New Mexico Gaming Control Board 

to process fingerprints and to obtain CHRl. 

(3) The Laguna Gaming Control Board is hereby designated as the agency responsible 

for taking fingerprints of applicants for licenses, which designation may be changed 

by the Pueblo Council by resolution without amending this chapter. The chair of 
the Board is also authorized to negotiate and enter into an agreement with another 

qualified law enforcement agency to take such fingerprints. 

(4) The Board may impose a fee sufficient to cover the cost of processing the 

fingerprints. 

(5) The detailed procedures for taking and processing fingerprints may be established 

by the Board by regulation or policy, and must comply with all Applicable Law and 

the Compact. 

F. Criminal history record information. The Board shall use the criminal history record 

information ("CHRl") for the purpose of having background checks conducted and making 

Suitability Determinations under this section and may use it for any other lawful purpose 

pennitted by an agreement with the Commission or a state or federal law enforcement 

agency. The Board shall abide by all conditions or limitations imposed by such agreement 

on the release, dissemination, or use of the CHRL The Board shall further restrict access to 

CHRJ to the personnel and agents directly involved in the licensing process. The Board shall 

maintain records of the identities of all personnel and agents receiving access to the CHRI 

and shall furnish such records to the Commission upon request or as required by law. 

G. Suitability determination. The Board shall review an applicant's prior activities, 

criminal record, if any, reputation, habits, financial history, and associations to make a 

finding for submission to the Commission concerning the eligibility of the applicant for a 

license. The Board shall not issue a license to, nor shall a Gaming Operation or Enterprise 

employ, any Person whom the Board detennines: 

(1) must be licensed, and 

(2) poses a threat to the public interest or to the effective regulation of any Gaming 

Activity, or creates or enhances the dangers of unsuitable, unfair, or illegal practices 

and methods and activities in the conduct of any Gaming Activity. 

H. Procedures for forwarding applications and notices of results to the Commission. 

(1) No later than when a Key Gaming Employee begins work at a Gaming Operation, 

the Board shall send the completed application to the Commission. 

(2) Upon completion of a background investigation conducted pursuant to this chapter, 

the Board shall send the Notice of Results and the Suitability Detennination to the 

Commission within 60 calendar days after a Key Gaming Employee begins work at 

a Gaming Operation. A Gaming Operation shall not employ any Key Gaming 

Employee, or any other Person requiring a license, who does not have a license 

after 90 calendar days unless that period is suspended by action of the Commission 

pursuant to IGRA. 

I. Investigative reports; submission of notices of results and suitability determinations 

to commission. 

(1) A report on each background investigation conducted pursuant to this chapter 

("Investigative Report") shall be prepared in accordance with the Board's 
procedures, Applicable Law, and the Compact. The report shall include, at a 

minimum, the following: 

(a) A description of the steps taken in conducting a background investigation; 

(b) An explanation of results obtained; 

(c) A statement as to the conclusions reached; and 

(d) The bases or justifications for each of the conclusions. 

(2) Based on the Investigative Report, the Board shall prepare a Notice of Results, 

which shall include information required by the Commission, which is the 

following as of the date of enactment of this Ordinance: 

(a) Applicant's name, date of birth, and social security number; 

(b) Date on which applicant began or will begin work as key employee or primary 

management official; 

( c) A summary of the information presented in the investigative report, which 

shall at a minimum include a listing of: 

(i) Licenses that have previously been denied; 

(ii) Gaming licenses that have been revoked, even if subsequently reinstated; 

(iii) Every known criminal charge brought against the applicant within the last 

10 years of the date of application; and 

(iv) Every felony of which the applicant has been convicted or any ongoing 

prosecution. 

(d) A copy of the eligibility determination made under subsection G. 

(3) If a license is not issued to an applicant, the Board: 

(a) Shall notify the Commission, and 

(b) Shall forward copies of its Notice of Results and Suitability Determination to 

the Commission for inclusion in any national or other registry of gaming 

employees determined by the Board to be lawful and credible. 

( 4) The Board shall retain all applications for licenses, Investigative Reports, 

Suitability Determinations, and related other records and information for inspection 

by the Commission for no less than three years from the date of termination of 

employment and for a longer period if required under Applicable Law or the 

Compact. 
J. Fees for background investigation. The fees for background investigations shall be 

set by the Board and included in the appropriate license fee. If the actual costs incutTed by 

the Board for a background investigation exceed the amount deposited by the applicant, those 

costs may be assessed to the applicant at the discretion of the Board. In such cases, the 

Board shall submit to the applicant a detailed billing of reasonable costs. 

K. Memoranda of understanding. A Gaming Enterprise and the Board are expressly 

authorized to enter into memoranda of understanding under which the Board will conduct a 

background investigation of Persons that would not otherwise be licensed and investigated by 

the Board. 

Section 14·1-7. Management Contracts. 

A. Requirement for review and approval. The Pueblo or a Gaming Enterprise may enter 

into a Management Contract subject to review and comment by the Board and approval by 

the Commission and the Pueblo Council. 

B. Required provisions. 

(1) Governmental authority. A Management Contract shall provide that all Gaming 

Activity conducted by a Management Contractor be conducted in accordance with 

this chapter, the Compact, and IGRA. 

(2) Assignment of responsibilities. A Management Contract shall identify the 

responsibilities of each party for each identifiable function set forth in IGRA. 

(3) Accounting. A Management Contract shall provide for the establishment and 

maintenance of satisfactory accounting systems and procedures that shall include 

an adequate system of internal accounting controls and permit the preparation of 

financial statements in accordance with generally accepted accounting principles. 

( 4) Reporting. A Management Contract shall require the Management Contractor, at 

its own cost and expense, to provide monthly verifiable fmancial reports to the 

Pueblo, the Board, and if required by IGRA, the Commission. 

(5) Access. A Management Contract shall require a Management Contractor to allow 

immediate access to a Gaming Operation, including its books and records, by 

authorized officials of the Pueblo, Board, or Commission, who shall have the 

right to verify the daily gross revenues and income from the Gaming Operation 

and access to any other gaming·related information that such authorized officials 

deem appropriate. 

( 6) Guaranteed payment. A Management Contract shall provide for a minimum 

guaranteed monthly payment in a sum certain to the Gaming Operation or the 

Pueblo that has preference over the retirement of any development and 

construction costs. 

(7) Development and construction costs. A Management Contract shall provide for 

an agreed upon maximum dollar amount per month of revenues for the 

recoupment of any development and construction costs. 
(8) Term. Pursuant to IGRA, a Management Contract shall not be for a term 

exceeding five (5) years unless, upon request of the Pueblo, the Commission 

authorizes a longer contract tenn not to exceed seven (7) years. 

(9) Compensation. Pursuant to IGRA, a Management Contract shall not provide for 

more than thirty percent (30%) of the Net Revenues of a Gaming Operation to be 

paid to a Management Contractor unless, upon request of the Pueblo, the 

Commission authorizes a higher percentage not to exceed forty percent ( 40% ). 

The balance of any Net Revenues shall be paid to the Treasurer of the Pueblo or 

other Pueblo entity as set fo1th in a Management Contract. 

( l 0) Termination; disputes. A Management Contract shall provide the grounds and 

mechanisms for modifying or terminating such contract and shall include a 

mechanism to resolve disputes between a Gaming Operation and Management 

Contractor, a Management Contractor and patrons, and a Management Contractor 

and its employees. 

(11) Assignments and subcontracting. A Management Contract shall provide the 

extent to which assignment or subcontracting of contract rights and 

responsibilities is permitted. 

(12) Ownership inte1·est. A Management Contract shall provide that changes in the 

ownership interest in such contract shall require the advance approval of the 

Pueblo Council and the Board, and if required by IGRA, the Commission. 

(13) Prohibited provisions. A Management Contract shall not transfer or convey any 

interest in Pueblo Lands unless authorized by federal law. 

Section 14-1-8. Exemptions. 

A. Class I gaming. Class I Gaming may be conducted by the Pueblo, its members, and 

other Pueblo entities for traditional, religious, and social purposes, including for prizes of 

minimal value, without compliance with this chapter. 

B. Charitable gaming. Charitable gaming that promotes the health, education, or 

welfare of the Pueblo or its members and that is for prizes of minimal value may be 

conducted by the Pueblo, its members, and other Pueblo entities on Pueblo lands without 

compliance with this chapter. 

C. Prize limits. For purposes of this section, "prizes of minimal value" means the 

aggregate amount of all prizes awarded or given in a single gathering or session that is 

allowed by the Board by regulation not to exceed the greater of $5,000 or an amount 

allowable for similar activities under New Mexico law. The Board may authorize raffles for 

prizes of greater amounts. 

D. Board authority. Notwithstanding the exemptions granted by this section for certain 

Class I and Charitable Gaming. the Board shall have authority to investigate the conduct of 

any such gaming to detennine whether such gaming is in violation of Applicable Law, to 
regulate and take measures to ensure the integrity of such gaming, and to enforce the 

provisions of any Applicable Law. 

Section 14-1-9. Dispute Resolution. 

A. Dispute resolution procedures. If a Gaming Operation or Management Contractor 

refuses to pay alleged winnings to a patron engaged in any Gaming Activity and the Gaming 

Operation and the patron are unable to resolve the dispute, and the dispute involves: 

(1) Less than $500, the Gaming Operation shall inform the patron in writing that the 

patron has the right, within seven calendar days of the patron's receipt of that 

notice, to make a written request to the Board to conduct an investigation ("Request 

for Investigation"); 

(2) At least $500, the Gaming Operation shall notify the Board in writing of the dispute 

no later than 48 hours after it becomes aware of the dispute ("Notice of Dispute"), 

and shall provide a copy of that Notice to the patron, which shall include an 

explanation of the patron's right to make a written Request for Investigation within 

seven calendar days of the patron's receipt of the Notice of Dispute; or 

(3) If the Gaming Operation fails to provide a timely Notice of Dispute to the Board, 

the Gaming Operation shall be subject to regulatory penalty where applicable; 

further, the patron shall have seven calendar days to make a written Request for 

Investigation from the date of actual notice to the patron of the right to make such a 

Request. 

( 4) A failure by a patron to make a Request for Investigation to the Board within the 

relevant seven~day period shall bar any and all claim to any money or other thing of 

value in dispute. A Request for Investigation shall be considered timely if it is 

postmarked on or before the seventh calendar day after the patron is informed of the 

right to make a Request. 

B. Investigation and hearing. Upon receipt of a Notice of Dispute or Request for 

Investigation, the Board shall conduct whatever investigation it deems necessary to resolve 

the dispute. The Board shall hold a hearing on the matter in accordance with its procedures 

within a reasonable period after concluding the investigation of the dispute unless the patron 

and the Gaming Operation waive a hearing. Those procedures shall also allow the Gaming 

Operation and patron the opportunity to submit any documentation or other evidence to the 

Board to support their respective positions. 

C. Decision. Within a reasonable time after the hearing and any post-hearing 

proceedings, the Board shall issue a written decision resolving the dispute and shall send the 

written decision, by certified mail, return receipt requested, or by hand delivery with receipt, 

or by overnight mail, to the patron and the Gaming Operation. The effective date of a 

decision of the Board made under this section is the date the decision is received by the 

aggrieved party, as reflected on the receipt or by the overnight service ("Effective Date"). 

D. Review of decision. The decision of the Board is a final action and is subject to 

review by the Pueblo Court under section 14-1-14 if the aggrieved party files an appeal with 

the Pueblo Court within fourteen calendar days of the Effective Date. 
Section 14-1-10. Gaming Control Board. 

A. Composition of the board; appointment; term. The Board is an independent 

governmental agency of the Pueblo. The Board shall consist of three members who shall be 

appointed by the Pueblo Council to serve staggered terms of up to five years, as established 

by the Pueblo Council, commencing on the date of their appointment. Members may serve 

multiple terms if reappointed by the Pueblo Council. No person who is currently a member 

of the Pueblo Council, an executive officer of the Pueblo, or an employee of a Gaming 

Enterprise shall serve on the Board. 

B. Compensation.. The Pueblo Council shall establish the compensation, if any, for the 

members of the Board. 

C. Removal. The Pueblo Council may remove any member of the Board for cause. 

D. Vacancies. The Pueblo Council shall fill any vacancies on the Board. 

E. Designation as agent. The Board is hereby appointed as the agent for the Pueblo to 

accept on behalf of the Pueblo service of any official determination, order, or notice of 

violation that may be served by the Conunission pursuant to IGRA. 

F. Powers and duties. The Board shall have the following powers and duties: 

(1) To ensure the actual and reasonably perceived integrity of gaming on Pueblo Lands, 

and to monitor and regulate any Gaming Operation or Gaming Activity; provided, 

however, that if the Pueblo Council has given regulatory authority over a specific 

aspect of a Gaming Operation to another Pueblo entity or has expressly retained that 

authority unto itself, the Board's regulatory authority over any such specific aspect 

of a Gaming Operation shall be limited only to that necessary to ensure compliance 

with IGRA and to fulfill its role under the Compact. 

(2) To inspect and examine all premises on Pueblo Lands on which any Gaming 

Activity is conducted. 

(3) To conduct background investigations as may be necessary and to conduct such 

other investigations to protect the public interest in the integrity of any Gaming 

Operation or Activity and to prevent improper or unlawful conduct in the course of 

any Gaming Activity. 

(4) To demand access to, inspect, examine, photocopy, and audit (or to cause an audit 

to be conducted of) all papers, books, and records of any Gaming Operation relating 

to any Gaming Activity and any matters necessary to carry out its duties pursuant to 

this chapter, other Applicable Law, and the Compact. 

(5) To compel any Person to appear before it and provide such information, documents 

or other materials as may be in such Person's possession and to administer oaths or 

affirmations to witnesses appearing before it. 
(6) To promulgate such regulations, in accordance with paragraph 14-1-101.(5), and 

guidelines as it deems appropriate and consistent to implement the provisions of 

this chapter, other Applicable Law, and the Compact. 

(7) To issue, suspend, and revoke licenses in accordance with this chapter. 

(8) To enforce the health and safety standards applicable to any Gaming Facility. 

(9) To levy and collect fees and to impose any penalties and fines for violations of this 

chapter, the Board's regulations, the Compact, or IGRA, consistent with the 

Board's powers under this chapter. 

( 10) To bring in the name of the Pueblo, with concurrence of the Pueblo Council, any 

action in a court of competent jurisdiction, including the Pueblo Court, to enforce 

this chapter, the Compact or Applicable Law, or to enjoin or otherwise prevent any 

violation of this chapter, other Applicable Law, or the Compact. 

(1 t) To adopt an annual operating budget subject to the approval of the Pueblo Council 

and, in accordance with such budget, to employ a staff as it deems necessary to 

fulfill its responsibilities under this chapter, and to retain legal counsel, consultants, 

and other professional services, including investigative services, to assist it in 

carrying out its powers. 

(12) To issue any order, make any decision, or take any lawful action which is consistent 

with the Board's powers under this chapter and which may be required to protect 

the public interest in any Gaming Activity. 

(13) To conduct any hearing, take testimony, receive any evidence, and compel the 

production of any information or documents related to the discharge of its duties. 

(14) To enter into such contracts and agreements with State, federal, and private entities 

for activities necessary to the discharge of its duties. 

(15) To take any other action necessary and proper to exercise its powers and to fulfill 

the responsibilities set forth in this chapter. 

G. Executive director. The Board may appoint and retain an individual to serve as 

executive director of the Board to administer and execute its duties and responsibilities 

hereunder and other staff as the Board may deem necessary to carry out such duties and 

responsibilities. Unless the Board detennines otherwise, the executive director shall be 

responsibl~ for coordination of the functions with the Conunission and other federal, state, 

Pueblo, and local agencies, as necessary. The Board shall supervise the executive director. 

H. Certificate of self-regulation. The Board on behalf of the Pueblo may petition the 

Commission for a certificate of self-regulation with respect to Class II Gaming. 

1 Procedures of the board 

(1) Regular meetings. Regular meetings of the Board 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 
Board. Unless otherwise specified by the Board, no notice of such regular meetings 

shall be necessary. 

(2) Special meetings. Special meetings of the Board may be called by the chair of the 

Board. The chair of the Board 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 Board need be specified in the notice of the meeting. 

(3) Quorum. At any meeting of the Board, a majority of the Board members shall 

constitute a quorum for the transaction of business. The vote of a majority of the 

members present at a meeting at which a quorum is present shall be the act of the 

Board. The chair of the Board shall preside at all meetings of the Board unless the 

chair of the Board designates another member to preside in the chair's absence or 

unless the chair is unavailable and an emergency requires Board action. Board 

members may participate in a regular or special meeting by telephone or other 

similar electronic means. Specific Board actions may also be approved by polling 

Board members. 

(4) Notice of board action; hearings. Unless otherwise provided in this chapter, no 

enforcement action of the Board taken pursuant to this chapter shall be valid unless 

the Person affected is given notice of the proposed action and the opportunity to 

appear and to be heard before the Board and to submit such evidence as the Board 

deems relevant to the matter at issue. Any hearing conducted may, at the direction 

of the Board, be conducted by the executive director, by one or more members of 

the Board, or by another individual designated by the Board for that purpose. 

(5) Regulations, procedures, and rules. The Board may adopt regulations, procedures, 

and rules as it deems necessary or prudent consistent with this chapter and other 

Applicable Law. Unless immediate promulgation is necessary to preserve the 

legality or integrity of a Gaming Activity, the Board shall provide at least a thirtyday public notice and comment period before a proposed regulation shall become 

final. Even if inunediate promulgation under the preceding sentence is used, the 

Board shall within 10 calendar days provide for a thirty-day public notice and 

comment period and shall thereafter confirm, revise, or withdraw the regulation(s). 

J. As a regulatory body of the Pueblo government, the internal operations of the Board 

shall be governed by Pueblo policies and procedures not inconsistent with this chapter. 

If the Board determines that such a policy or procedure is impeding its ability to carry 

out its duties wider this chapter, the Board shall coordinate with appropriate persons in 

the Pueblo government to resolve those issues. Resolution may include amendment or 

supplementation of existing policies or procedures, or other means approved by the 

appropriate Pueblo authority. Amendment of this chapter is not required to implement 

any duly authorized measure wider this subsection. 

Section 14-1-11. Prohibited Acts. 

It shall be a violation of this chapter for any person: 
A. Unless otherwise approved in writing and in advance by the Board, to knowingly 

conduct or participate in any Gaming Activity on Pueblo Lands other than at a licensed 

Gaming Facility, excluding authorized charitable and Class I gaming. 

B. To knowingly or negligently receive, distribute, apply, or divert any property, funds, 

proceeds, or other assets of a Gaming Operation to the benefit of any Person except as 

authorized by this chapter, other Applicable Law, the Compact, or a duly authorized 

policy or procedure of a Gaming Operation consistent with Applicable Law. 

C. To tamper with any Gaming Device or Gaming Equipment used in the conduct of any 

Gaming Activity with the intent to cause any Person to win or lose any wager other 

than in accordance with the approved rules of a Gaming Operation. 

D. To do any other act in connection with the conduct of any Gaming Activity with the 

intent to affect the outcome of any wager other than in accordance with the approved 

rules of a Gaming Operation. 

E. To knowingly or negligently alter or misrepresent the outcome of any event on which 

wagers have been made after the outcome is made sure but before it is revealed to the 

players. 

F. To place, increase, or decrease a bet, or to determine a course of play, after acquiring 

knowledge not available to all players of the outcome of the game or any event that 

affects the outcome of the game or which is the subject of the bet, or to aid anyone in 

acquiring such knowledge for the purpose of placing, increasing, or decreasing a bet or 

detennining a course of play contingent upon that event or outcome. 

G. To claim, collect, or take, or attempt to talce, money or anything of value in or from a 

Gaming Device or Gaming Equipment, with intent to defraud, without having made a 

wager thereo~ or to claim, collect, or talce an amount greater than the amount won. 

H. To place or increase a wager or bet after acquiring knowledge of the outcome of the 

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

bets. 

I. To reduce an amount wagered or to cancel a bet after acquiring knowledge of the 

outcome of the game or other event which is the subject of the bet, including pinching 

bets. 

J. To manipulate, 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. 

K. To knowingly use other than coins or tokens (or cash equivalents) approved by the 

Board, or other lawful coin or legal tender of the United States of America, or to use a 

coin not of the same denomination as the coin intended to be used in a Gaming Device 

or Gaming Equipment. 

L. Unless expressly allowed by the Board for general use, to possess with the intent to use 

any device to assist in projecting the outcome of the game, in keeping track of the 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. 

M. To use any device or means to cheat, or to possess any such device or means while at a 

Gaming Facility. 

N . To knowingly entice or induce another to go to any place where Gaming Activity is 

being conducted or operated in violation of the provisions of this chapter, IGRA, other 

Applicable Law, or the Compact with the intent that the other person play or participate 

in that Gaming Activity; provided that any complimentary items or points awarded in 

accordance with duly authorized Gaming Operation policies shall not be considered 

such an enticement or inducement. 

0. To offer or attempt to offer any tangible or intangible thing of value to a licensee with 

the intent to induce, or in a manner that reasonably may be perceived as intended to 

induce, the licensee to conunit an act or omission contrary to the licensee's official 

duties under Applicable Law or the Compact; 

P. For a licensee to accept any tangible or intangible thing of value from any Person when 

a reasonable person would believe that the thing of value was offered to induce the 

licensee to commit an act or omission contrary to the licensee's official duties under 

Applicable Law or the Compact; 

Q. To undertake any action for which a license is required under this chapter, duly adopted 

regulations and rules of the Board, or other applicable gaming law without possessing 

such a license. 

R.. To violate: 

(1) any provision of this chapter; 

(2) a duly adopted regulation, rule, or order of the Board; 

(3) other applicable gaming law; or 

(4) a duly authorized Gaming Operation gaming procedure or gaming policy that 

relates to the integrity of a Gaming Activity or Gaming R.evenues, but only if the 

violation results in, or reasonably could result in, suspension or termination of the 

employee under the Gaming Operation's Human Resources policies. In 

determining whether to take action on a violation under this subparagraph ( 4), the 

Board may consider, among other factors, whether the violation created a 

significant risk of loss to or unauthorized distribution of Gaming Operation assets. 

Section 14·1-12. Penalties. 

A. For any Person who violates any provision of this chapter, the Board may impose 

civil penalties, including denial, suspension, or revocation of a license, a fine of not more 

than $5,000.00 for each violation, exclusion from any Gaming Facility and areas contiguous 

to a Gaming Facility, other penalties within the Board's jurisdictional authority, or any 
combination thereof. The Board shall use its discretion to impose penalties that are 

commensurate with the violation(s). 

B. To the extent permitted by and in accordance with its applicable governing 

documents, policies, and procedures, a Gaming Operation may, indemnify, save, and hold 

hannless its officers, employees, contractors, and agents; provided, however, that no 

indemnification, actual or constructive, shall be provided to any person who is party to an 

action or proceeding commenced by the Laguna Gaming Control Board for the amount of 

any fine or other sanction. 

Section 14-1-13. Interpretation. 

A. In general. This chapter is an exercise of the sovereign power of the Pueblo and shall 

be construed in a manner that accomplishes its purposes and promotes the integrity of 

gaming and complies with Applicable Law. 

B. Specific provisions. 

(1) Computing time. The following rules apply in computing any time period specified 

in this chapter or in any rules, regulations, or policies enacted by the Board unless 

specifically stated otherwise. 

(a) Day of the event excluded Exclude the day of the act, event, or default that 

begins the period. 

(b) Last day. Include the last day of the pe1iod unless it is a Saturday, Sunday, or 

legal holiday. When the last day is excluded, the period runs until the end of 

the next day that is not a Saturday, Sunday, legal holiday, or day when the 

Board's office is inaccessible. 

(c) Legal Holiday. As used in this chapter, "legal holiday" means any day 

observed by the Pueblo pursuant to the Pueblo of Laguna personnel policy. 

(d) Calendar Day. As used in this chapter, "calendar day" means any and all 

days, subject to the "Last Day" rule above. 

(e) Periods expressed in hours. Time periods given in hours are to be strictly 

construed and are not subject to the "Last Day" rule above. 

(2) Service and notice. In all situations in which the Board is required to provide 

service or notice upon a Person under this chapter or under any rules, regulations, or 

policies enacted by the Board, unless otherwise specifically provided, service shall 

be deemed complete upon the final regular attempted delivery of the relevant notice 

by certified mail or overnight delivery service to the last address provided by the 

Person to the Board, or if no address was provided directly to the Board, to the 

Gaming Enterprise or the Pueblo. 

C. Amended compact. If the Pueblo executes a lawful Tribal-State Compact that amends 

or replaces the current Compact, all provisions of this chapter shall be construed as necessary 
to comply with the new Compact until such time as this chapter is amended to confonn to the 

new Compact. 

D. Severability. In the event any section or provision of this chapter or its application to 

any particular activity is held to be invalid, the remaining sections and provisions of this 

chapter and the remaining applications of such section or provision shall continue in full 

force and effect. 

Section 14-1-14. Sovereign Immunity. 

By enacting this chapter, the Pueblo does not in any way waive its sovereign immunity, or 

the sovereign immunity of any Pueblo entity, from suit in any court, and the Board is expressly 

entitled to assert the sovereign inununity of the Pueblo as a governmental agency of the Pueblo. 

However, except as otherwise provided herein, decisions of the Board may be appealed to the 

Pueblo Court in accordance with this chapter, the Board's regulations, the Pueblo Court's rules, 

and other applicable law. When such review is available, the Pueblo Court is the final appellate 

body and its review shall be limited to the evidence and record before the Board. The Pueblo 

Court may allow oral argument or briefing as accords with its rules or at its discretion. No 

decision of the Board shall be reversed unless the Pueblo Court finds that the Board's action was 

arbitrary, capricious, or not in accordance with applicable law. No compensatory, punitive, 

monetary, or exemplary damages may be awarded by the Pueblo Court against the Board for any 

action taken or decision made by the Board. The Pueblo does not waive the Board's sovereign 

immunity before any tribunal other than the Pueblo Court and in the Pueblo Court only to the 

extent expressly described in this section. 

Section 15. Repeal. 

To the extent inconsistent with this chapter, all prior ordinances, or parts thereof, are hereby 

repealed. 

Section 16. Amendments. 

This chapter may be amended by the Pueblo Council.