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BERNALILLO, NEW MEXICO 87004

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Phone: (505) 867-3301

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F: (505) 867 3395

RESOLUTION NO. 99-R-42

AMENDING THE PUEBLO OF SANTA ANA GAMING ORDINANCE

TO ESTABLISH SEPARATE LICENSING REQUIREMENTS

FOR NON-GAMING EMPLOYEES

WHEREAS, the Pueblo of Santa Ana is a federally recognized Indian tribe

governed under a traditional form of government, and possessing all the inherent

sovereign powers of self-government; and

WHEREAS, the Tribal Council of the Pueblo of Santa Ma is the duly authorized

decision making body for Santa Ana Pueblo; and

WHEREAS, the Pueblo of Santa Ma Tribal Council has previously adopted

Ordinance 92-0-04, as amended, by which it authorized the conduct of Class III gaming

on Pueblo lands, created the Santa Ma Gaming Regulatory Commission (SAGRC) to

regulate such gaming, and imposed requirements as needed to satisf~ the terms of the

federal Indian Gaming Regulatory Act and the Tribal-State Class III Gaming Compact

between the State and the Pueblo; and

WHEREAS, the ordinance requires licensing of all persons employed by the

Pueblos gaming enterprise, Santa Ana Non-Profit Enterprise (SANE), regardless of the

persons actual job responsibilities; and

WHEREAS, the licensing requirements and procedures established by the

ordinance and SAGRCs regulations were designed with gaming-related employees in

mind, and mandate an extensive inquiry into such persons backgrounds; and
WHEREAS, as SANEs operations have grown, it has come to employ many

people in &eas outside of the gaming operation, who have no involvement with any

gaming activity, but who must all go through the same licensing procedures as employees

directly involved in class III gaming activities; and

WHEREAS, the licensing requirements have made it extremely difficult for

SANE to hire persons in positions strictly dealing with its restaurant, maintenance and

other low-skilled, non-gaming positions; and

WHEREAS, while it is appropriate that each employee be licensed, there is no

federal requirement that persons not employed in the gaming operation be subjected to

the same level of investigation as those employed in gaming-related activities, and to

require that such persons go through the same licensing process is not necessary on the

prospective employees, without serving any legitimate regulatory purpose; and

WHEREAS, the Tribal Council, after consultation with the Santa Ana Gaming

Regulatory Commission and the Pueblos Special Counsel, has determined that it would

be reasonable and appropriate to amend the Pueblos gaming ordinance, so as to make

clear that licensing requirements for persons who are not employed in any gaming-related

activity should be limited to a minimum reasonable level of inquiry;

NOW THEREFORE BE IT RESOLVED by the Tribal Council of the Pueblo

of Santa Ana, as follows:

1. Section 1(I) of the Santa Ana Gaming Ordinance, containing the defmition

of Gaming Employee, be and the same is hereby amended so as to read

as follows:

I. Gaming Employee means any natural person employed by a

Gaming Enterprise or Management Contractor in any position that

involves such person in any gaming activity or with any goods or

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materials utilized in any gaming activity, including, but not limited to, the

following:

1. any person who performs any function directly related to

Gaming Devices, gaming supplies or gaming activities;

2. any person whose duties require such person to be present

in the area where gaming activities take place during

operating hours;

3. any person who handles or accounts for cash utilized in

gaming activities;

4. any person involved in security or surveillance activities

involving gaming activities; and

5. any person who supervises any of the foregoing persons.

2. A new Section 1(Q) is hereby added to the Santa Ma Gaming Ordinance,

which shall read as follows:

Q. Non-Gaming Employee means any natural person employed by a

Gaming Enterprise or Management Contractor whose duties are solely

related to strictly non-gaming functions, and whose work is unrelated to

Gaming Devices and does not require such persons to be in gaming areas

during operating hours.

3. The remaining paragraphs of Section I of the Santa Ma Gaming

Ordinance shall be re-lettered as necessary.

4. Section IV(E) of the Santa Ana Gaming Ordinance (Licensing

Requirements) shall be and the same is hereby amended by adding thereto a new

paragraph (3), which shall read as follows:

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3. Licensing of Non-Gaming Employees Notwithstanding any other

provision of this Section IV(E), each Non-Gaming Employee shall be

licensed by the SAGRC, but only a limited investigation shall be required

in connection with such licensing. Any initial licensing fee shall be an

amount determined by the SAGRC. There shall be a minimal license

renewal fee. The license application form shall require only the minimum

amount of information needed, as determined by the SAGRC, to

satisfactorily ascertain the applicants identity, past employment

experience (if any), references and criminal record (if any).

5. The Governor of the Pueblo and the Pueblos special counsel are hereby

authorized and directed to submit this amendment to the National Indian Gaming

Commission for approval in accordance with the provisions of the Indian Gaming

Regulatory Act.

CERTIFICATION

I, the undersigned, as Governor of the Pueblo of Santa Aim, hereby certify that the

Santa Ma Tribal Council, at a duly called meeting that was convened with proper notice

and was held on the ________

day of ________________, 1999, at Santa Ma Pueblo,

New Mexico, a quorum being present, approved the foregoing Resolution with

___________

members voting in favor, and 0 opposed.

GOVERNOR

Bruce Sanchez, Governor

SECRETARY

Eligio Montoya, Jr.

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