MAY 26 2005 

Jome Wilfis Newton, Senior Staff Attorney 

California Indian ]Legal Services 

609 South Esmndido Boulevard 

Esmido, California 92025 

RE: La Jolla 3and of Luiseno Indians Gaming Ordinance and Regulations 

Dear Ms. Newton: 

This letta responds to your request far the National Indian Gaming Cdm WGC) to 

review and approve the La Soh Band of Luiseno Indians (Band) Gaming Wimnde. 

The amendments, regulations and mso1ulions were dved by the NXGC on Mach 27,2005. 

This letter canstitates approval under the Indian Gaming &@tory Act. 25 U.S.C. 9 2701 

et seg. Such zlpprovd does not constitute approval of spdc It is imprtmt to note 

that the gaming ordinance is approved for gaming only on Indian lands as defined in the 

1% wer which the Band exercises jurisdiction. 

ordinance for review and approval. The NIGC st& and 

with youand the La Jolla Band of Luiseno Maus in 

or require kther assistance, please contact 
Adopted Ilecember 15, 1999 

Amended June 1 7,2002 mrl March 16,2004 

LA JOLLA BAND OF LUISENO INDIANS 

GAMING ORDINANCE 

Section 1. Purpose 

The General Council of the la JoUa Band of Luiseiio 1ndia.n~ (hereinafter "Tribe"), a federally 

recognized Indian Tribe, empowered by Article 111, Subsection C(6) of the rrril)e's Constitutiorl to 

enact orctinances, liereby enacts this Or<linance 111 ordcr to set the terms for Class I1 ald Class I11 

gaming on its Tribal lands. 

Unless specified otllenvise, temls used herein shall have the sane meaning as in the Indian 

Gaming Regulatory Act (hereinafter "IGRA"), 25 U.S.C. §§ 2701 - 2721, including, but not linited 

to, references to "Class I," "Class 11," and "Class 111" gaming, except for references 10 LLCornmi~ee 

Me~n~bers" or"Ganling Committee" which shall meal the La Jolla Gaming Committee Members 

or the La Jolla Ganling Committee established and described herein. 

"Appeals" shall mean a process where a ganlirlg employee elects to have the Ganling 

Committee review and decide the outcome of a termination or reprimand. Decisions of 

the Ganing Committee are final. 

"Class I Gaming" shall mean any ancestral tribal ganes, i.e., Pion, etc. 

"Class I1 Gaming" shall mean all forms of ganling that are defined as Class I1 gaming in 

IGRA, 25 U.S.C. 9 2703(7) (A), and 25 c.F.~ 9 502.3. 

"Class I11 Gaming" shall me~m all fonns of gaming that are defined as Class 111 gaming in 

IGRA, 25 U.S.C. § 2703(8), and 25 C.F.R 5 502.4. 

"Compact" shall Inearl any Cornpact in force by and between tlle Tribe aid the State of 

Califonlia setting forth an agreernerlt for the operation of Class I11 galling on tribal land of 

the Tribe. 

"Entity" shall mean aiy organization, including aly division, departlrlent or other unit. 

therein, and includes, but shall not be limited to, a public or private corporation, 

partnership, joint venture, voluntary or unincorporated association, organization, 

proprietorship, trust, estate, commission, bureau, department of govenmlental agency, 

except thal "entity" shall not, include, the Tribe. 

"Gaming" shall meat1 an activity in which a person slakes or risks something of value on the 

outcorrle of a contest of chalce or a Suture contingent event, not under his or her control 

or influence, upon an agrceirle~lt or understarlding that the person, or someone else, will 

receive sometlling of value in the evcnt of a certain outcome, but shall not include bona 

iide business transactions. 

"Gaming Activities" slrall meal any Class I, Class I1 or Class I11 guning acuvity conducted 

by or under (lie jurisdiction of thc ?'ribc. 

"Gaming Commission" shall meal thc La Jolla Ga~rling Com~nission, as cstal>lislicd by the 

l'ribd Coullcil lo monitor gaming activities, i~lvestigatc wrongdoi11& and pcrfonn other 

duties as required fbr tile regilation anti s~nooth operation of guning on Tribal la~~cis. 
Adopted December 15,1999 

Amended Jurie 17,2002 arid Mmli 16,2004 

"Gaming Committee" means a cornnlittee consisting of two (2) Tribal Members 21 years 

of' age or older, and two (2) members of Ole La Jolla Tribal Council, approved by the 

general niernberslip at a duly called General Council meeting. 

"Gaming Contractor" sllall mean any person or entity that supplies ganling dcvices or other 

gaming cquiprnent, personnel or services, including bwning management or consulting 

services to any gaming activity or enterprise on Tribal lands. 

"Gross Revenues" shall mean all gaming revenues before payouts or deduction of total 

gaming-related operating expenses. 

"General Council" co~lsists of all Tribal Members 21 years of age or older. 

"Investigations Officer" shall mean a paid oficial who is responsible for conducting 

background investigations on all employees and managers, including, but not lin~ited to, 

enlployees and rnalagers who handle or monitor monies paid out or taken in as revenue, 

issue licenses, update and maintain all issued licenses files and corlfidential enlployee files. 

"Key Employee" shall mean a person who perfonns one or Inore of tile following 

functions: bingo caller; counting room supervisor; chief of security; custodian of gaming 

supplies or cash; managers; supervisors and directors of all departments; pit boss; dealer; 

croupier; approver of credit; custodian of gaming devices (including hose persons with 

access to cash and accounting records within such devices); any other person whose total 

cash compensation exceeds $50,000.00 per year; and, if not otl~envise included, the four 

most highly compensated persons in the garning operation. 

"National Indian Gaming Commission" (hereinafter "NIGC") shall meal the commission 

established under IGRA, 25 U.S.C. § 2704. 

"Net Revenues" --- --- shall mean gaming revenues of the Tribe's gaming operations less payouts 3 i 

and total gaming-related expenses, excluding manageme~lt fees. 

"Primary Management Official" shall mean: the person.who has management 

responsibility for a management contract; any person who has authority to lire or fire 

employees or to set up working policy for the ganling operation; or the chief financial 

officer or other person who has financial rnanagelnent responsibility. At the discretion of 

the Ganlirlg Commission, other positions or persons may be included under this definition 

and subject to the requirements for primary management officials. 

"Related to" shall refer to persons mrho are related as a father, noth her, brother, sister, son, 

daughter, husband or uifk. 

"State" shall mean ttie State of California. 

"Tribal Council" shall mean the 5 Tribal Members electcd by the General Council 

pursuant to Article 5 of he Tribe's Constitution. 
Adopted December 15, 1999 

hnel~ded June 17,2002 and March 16,2004 

2.22 "Tribal Lands" shall include all lands ~Yitliin the boundaries of the La Jolla Resenration and 

land over which the Tribe exercises govenlmental po\ver that is eidier held in trust by the 

Unitcd States for the benefit of he Tribe or a Tribal Member or held by the 'Tribe or a 

Tribal Member subject to restriction by the United States against alienation. 

2.23 "Tribal Member" shall rneui an individual enrolled in the Tribe ~)ursuait to Article 2 of 

tllc Tribe's Constitution and the rI'ribe's Enrollmcnt Ordirlance. 

2.24 "Tribe" shall mean the general me111bership of the La Jolla Band of Luiseno Indians. 

Section 3. Ownership of Gaming 

The Tribe shall have the sole propriety interest in and responsibility for the corlduct of any gaming 

operation authorized by this Ordinance, except to the extent the Tribe nlay contract with and 

license a person or entity to owl, operate or manage a gaming operation pursuant to the provisions 

of IGRA or as otherwise pennittcd by law. 

Section 4. Gaming Committee 

4.1 Establishment of Gaming Committee 

There is hereby established by the General Council a Committee, to be known as the La Jolla 

Gaming Committee. The Gaming Committee shall be composed of 8 Tribal Members, 21 years 

of age or older, all of whom shall be approved by the General Council. 

4.2 Disqualifications for Office 

The following~persons may not serve as Gaming Committee Members: 

4.2.1 Employees of any gaming operation on Tribal lands. 

4.2.2 Persons related to any gaming operation contractor including any principle thereof 

or closely associated independent contractor. 

4.2.3 Persons who would not be eligible to be officers of the Tribe pursuant to the 

Tribe's Constitution and ordinances. 

4.3 Terms of Office 

The Committee Members shall serve a 2 year term, renewable if approved by the General 

Council at a duly called meeting. 
Adopted December 15, 1999 

Axnended June 17, 2002 and March 16, 2004 

4.4 Removal From Office 

Committee Members may be removed by fellow Committee Members for missing 3 consecutive 

meetings without proper notification. Committee Members may be removed by a majority vote 

of the Gaming Committee for inappropriate behavior, i.e., screaming, cussing, negative or 

aggressive behavior, or intimidation of any kind. The vacant position shall be filled and 

approved by the General Council at its next scheduled meeting. Vacancies resulting fiom the 

death or resignation of a Committee Member shall also be filled and approved by the General 

Council. 

4.5 Quorum 

Five Committee Members, including the Chairperson or Vice-Chairperson, constitute a quorum. 

4.6 Officers and Duties 

The Gaming Committee shall select Officers by verbal agreement and cooperation within the 

committee. The Officers shall include a Chairperson, a Vice-Chairperson, a Secretary and a 

Treasurer. The Chairperson shall preside over meetings of the Gaming Committee, and the ViceChairperson shall preside in the absence of the Chairperson. The Secretary shall record in 

writing the minutes of all Gaming Committee meeting minutes and all official actions taken by 

the Gaming Committee. The Treasurer shall oversee the financial records of the Gaming 

Committee and will perform other duties assigned by the Chairperson. Committee Members 

shall also perform any duties assigned by the Gaming Committee Chairpuson. Oficers shdl be 

elected every 2 years fiom the appointment of the initial Committee Members. 

4.7 Voting 

All actions of the Gaming Committee shall be taken by majority vote. In the event of a deadlock, 

the Chairperson shall cast the deciding vote. 

4.8 Meetings 

Meeting of the Gaming Committee shall be held no less than once a month when there is 

business to discuss or act upon. Meetings shall be called by the Chairperson, or by the ViceChairperson in the Chairperson's absence. A special meeting notice shall be given to each 

Committee Member during a regular Gaming Committee meeting or by telephone at least 2 days 

in advance of the date of the special meeting. 
Adopted December 15,1999 

.bner~ded June 17,2002 and March 16,2004 

4.9 Compensation for Serving 

Committee Members will be monetarily compensated for serving on the Gaming Committee, 

provided hds are available. The rate will be determined by the Tribal Council. Each Gaming 

Committee members rate will be identical, except that step increases may be allowed based on 

length of service and availability of funds. 

4.10 Reports 

On or before October 3 1 of each year, the Gaming Committee shall provide the Tribal Council 

with a written report summarizing its activities. The Gaming Committee shall also provide the 

Tribal Council with quarterly summary reports every three months. The Tribal Council shall 

cause copies of these reports to be made available to the General Council at its next duly called 

meeting. 

Section 5. Authorized Gaming 

Class I1 and Class I11 gaming on Tribal lands is hereby authorized. All gaming activities on Tribal 

lands, whether Class I1 or Class 111 gaming, are prohibited except as expressly authorized under 

this Gaming Ordinance. Nothing herein shall prohibit the Tribe from engaging the services of 

non-tribal persons or employees thereof or engaging any person or entity to assist the Tribe in the 

mmagement of a gaming activity pursuant to a management agreement entered into under the 

provisions of IGRA. Class I11 gaming shall be conducted in accordance with any Compact, or 

any alternative thereto as provided by IGRA. 

Section 6. Revenue 

6.1 Gaming Revenue 

Except as provided for under the terms of an agreement pursuant to the provisions of IGRA or as 

otherwise permitted by law, all revenues generated fiom any Class I1 or Class I11 gaming activity 

are the property of the Tribe. Any profits or net revenues fiom gaming activities shall be 

deposited into a separate tribal gaming revenue treasury. The bank chosen will be the same bank 

that the Tribe uses for the Tribe's Existing Enterprises. 

6.2 Net Revenue from Class I1 and Class I11 gaming activities shall be used to: 

6.2.1 Fund Tribal Government operations and programs. 

6.2.2 Provide for the general welfare of the Tribe and Tribal Members including 

education, health, and safety. 
Adopted December 15, 1999 

A111e1lded June 17,2002 and March 16,2004 

6.2.3 Promote economic development within Tribal lands, including job creation and 

training, infrastructure improvement and resource management. 

6.2.4 Fund operations of local Tribal Government agencies providing services, 

programs and or assistance to Tribal members, on or off Tribal lands. . 

6.2.5 Provide donations to charitable and or non-profit organizations, including local 

governments . 

6.3 Per Capita Payments 

The Tribal and General Council may elect to authorize the distribution of per capita payments to 

Tribal Members pursuant to guidelines established and adopted by the Tribal Council and 

consistent with applicable federal laws. 

Section 7. Protection of the Environment and Public Health and Safety 

Any construction or maintenance of any Class I1 or Class I11 gaming facility, and the operation of 

gaming therein, shall be conducted in a manner which adequately protects the environment and 

the public health and safety. 

Section 8. Dispute Resolution 

Patrons who have complaints against the gaming establishment, including disputes with any 

management contractor or its employees, shall have as their sole remedy the right to file a 

petition for relief with the Gaming Committee. Complaints shall be submitted in writing. At 

the discretion of the Gaming Committee, the petitioner may be allowed to present evidence. The 

Gaming Committee will render a decision in a timely fashion and all such decisions will be final 

when issued. Any patron having a claim against a gaming operation or a management contractor 

or its employees must submit such claim to the Gaming Committee within 30 days of its 

occurrence. All claims by patrons shall be limited to a maximum recovery of $10,000.00, and a 

cumulative limit of $10,000.00 per patron in any 12-month period. 

Section 9. Audit 

9.1 Annual Audit 

Annual outside auditing by a recognized independent accounting firm shall be conducted of each 

gaming operation and the results thereof reported to the General and Tribal Councils, and, to the 

extent required by law, to the NIGC. 
Adopted December 15, 1999 

Amended June 17, 2002 and March 16,2004 

9.2 Audit Requirements 

All gaming-related 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 Class I1 or Class 11. gaming on Tribal lands, shall be specifically included within the 

scope of the annual audit described in Subsection 9.1, and such gaming-related contracts shall so 

specify. 

9.3 Bidding 

Contracts relating to gaming or any gaming facility for a contract amount in excess of $25,000 or 

for more than 5 years shall be subject to a formal, sealed bidding process prior to submission to 

the Gaming Committee for approval. All reasonable attempts shall be made to obtain and 

consider at least 3 responsible bids; provided, the Gaming Committee may waive the requirement 

for 3 bids for good cause shown. 

Section 10. Licenses 

10.1 Gaming Permitted as Licensed 

Except to the extent authorized by an agreement pursuant to the provisions of IGRA, or as 

otherwise permitted by law, Class I1 and Class I11 gaming activities shall only be conducted in 

tribally owned, operated and licensed facilities pursuant to the provisions of this Garkting 

Ordinance. Such activities shall be conducted in accordance with the terms and conditions of 

any license issued by the Gaming Commission for such purposes to each facility before any 

Gaming Activity may occur therein. The Gaming Commission shall issue a separate license to 

each place, facility or location on Tribal lands where Class I1 or Class 1b gaming is conducted 

under this Gaming Ordinance. Such licenses shall specifjl the hours of operation, type and scope 

of gaming activities allowed therein, permitted uses of the facility for other activities, rules of 

conduct for employees and patrons,' regulation of alcoholic beverages, food handling and 

entertainment, and such other matters as the Gaming Committee or the General Council may 

deem necessary for the conduct of gaming activities therein. 

1 0.2 Licensing Requirements 

It is the declared policy of the Tribe that all Class I1 and Class 111 gaming activities be licensed 

and controlled so as to protect the morals, good order and welfare of Tribal Members and other 

persons on Tribal lands and to preserve the honesty, fairness and integrity of such gaming 

activities. Accordingly, no person shall engage in any Class I1 or Class 111 gaming activities on 

Tribal lands without an appropriate and valid independent Class I1 or Class I11 license issued by 

the Gaming Commission. 
Adopted Deceml)er 15, 1999 

hnerlded June 17,2002 and March 16,2004 

Any gaming license which is issued, or finding of suitability or approval by the Gaming 

Commission, shall be deemed a privilege subject to suspension or revocation. No license shall 

be issued that would place the Tribe in violation of any Compact or of any applicable law. 

10.3 Burden on Applicant 

The burden of proving an applicant's suitability to receive any license hereunder is at all times on 

the applicant. Applicants must accept any risk of adverse public notice, embarrassment or other 

action which may result from the application process and expressly waive any claim for damages 

as a result thereof. 

10.4 Release of Information 

All persons applying for a license shall agree to release all information necessary in order for the 

Gaming Commission to achieve its goals under this Section, and to furnish such information to 

the NIGC, or such other governmental agency as may be required by law. 

10.5 Applicant's Claim of Privilege 

An applicant may claim any privilege afforded by law in connection with a gaming license 

application or investigation, but a claim of privilege with respect to any testimony or evidence 

pertaining thereto may constitute sufficient grounds for denial, suspension, or revocation of a 

license. 

10.6 Types of Licenses 

Three classes of licenses (Class A, Class B and Class C) may be issued to persons associated 

with gaming activities. The G@ng Commission may also require and issue, in its sole 

discretion, a Class D license to any person or entity associated with other tribal businesses that 

are not part of the gaming facility or operated in conjunction therewith. 

10.7 Class A Licenses 

Before permitting any person to become permanently associated with any Gaming Activity as an 

investor or other person owning or controlling 10% or more of any interest in any management 

entity, or any primary management official, key employee, closely associated independent 

contractor, or other individual or entity with influence over the management or operation of 

gaming activities, or a Class I1 or Class I11 gaming employee, supplier, manufacturer or 

distribution, such person shall obtain a Class A license. The Gaming Commission shall conduct 

or cause to be conducted a background investigation to determine if such person has: any 

criminal record or any reputation, prior activities, habits or associations which might pose a 
'idopted December 15,1999 

hnended June 17,2002 and March 16,2004 

threat to the public interest or to the effective regulation of gaming; or anything else in their 

background which might create or enhance the dangers of unsuitable, unfair or illegal practices, 

methods and activities in the conduct of gaming. 

Persons who do not meet the above qualifications shall be denied a Class A license. In addition, 

every entity, associate, silent partners or investors, including their contractors and subcontractors, 

have to be identified and investigated before the NIGC and the Gaming Commission will 

approve their license. 

10.8 Class B Licenses 

Persons who are not among those identified in Subsection 10.7 above, but who are to be 

employed at a gaming facility on Tribal lands in some other capacity, such as in non-gaming 

related activities, shall be required to obtain a Class B license from the Gaming Commission. 

Such persons must establish that they have not been convicted of a crime or engaged in any 

activity which the Gaming Commission in its sole discretion deems would render such a person a 

danger to the safety or integrity of the gaming activities or the safety or property of the Tribe, any 

Tribal Member, any gaming employee or patron, or the public. 

10.9 Class C Licenses 

Persons who are employed by, associated with, or provide goods or services to other business 

enterprises of the Tribe may be required to make application and obtain a Class C license in ' 

order to do business with or be employed by such business enterprises. The Gaming 

Commission will issue requirements and procedures for obtaining a Class C license as such 

business enterprises are developed on Ti-ibal lands. 

10.1 0 License Renewal 

Class A and Class B licenses shall be subject to renewal at least every 2 years, and may be 

revoked or suspended upon occurrence of any act which, if known during the application process, 

would have tended to disqualify such person for such a license. 

1 0.1 1 Temporary License 

Pending completion of an investigation for a license, temporary licenses of no more than 90 days 

duration may be issued by the Gaming Commission if in its sole discretion it deems it 

appropriate to do so. Such licenses shall permit the licensee to engage in such activities and 

pursuant to such terms and conditions as may be specified by the Gaming Commission. Such 

temporary licenses shall expire 90 days from the date of issuance, upon issuance of a regular 

license, or until an earlier specified expiration date, whichever occurs first. 
Adopted December 15,1999 

Amended June 17,2002 arld March 16,2004 

10.12 License Investigations 

The Gaming Commission may employ all reasonable means, including the engagement of 

outside services and investigators and the holding of hearings, to acquire the information 

necessary to determine whether or not a license should be issued. Applicants shall also agree to 

release all information necessary in order for the Gaming Commission to achieve its goals under 

this section and to furnish such information to the NIGC, or such other government agency as 

may be required by law or Compact. 

1 0.13 License Fees 

Unless specifically waived by the Gaming Commission, all persons applying for a Class A, B, or 

C license shall be required to pay all applicable license fees and costs when due, including a 

reasonable deposit for costs incurred in obtaining information in connection with the license 

application. Estimates of licensing costs shall be provided to applicants upon reasonable 

requests. All fees and costs must be received by the Gaming Commission prior to issuance of the 

license. 

1 0.14 Standards 

All persons engaged by or associated with any Gaming Activity on Tribal lands shall conduct 

themselves with honesty, integrity, and such decorum and manners as may be necessary to reflect 

positively on the Tribe, its members and the gaming activities involved. Any failure to abide by ' 

such standards, or any violation of any rule, ordinance, custom or tradition of the Tribe or the . 

Gaming Committee, or the terms or conditions of a license, may be grounds for immediate 

suspension or revocation of any license issued hereunder. 

10.15 Appeals 

All decisions of the Gaming Commission regarding the issuance of licenses shall be final and 

effective when issued; provided, within 15 days of the receipt of the written decision regarding 

denial of the license, the applicant may file a petition for reconsideration with the Gaming 

Commission. 

Section 11. Background Investigations 

1 1.1 Required Information 

The Gaming Commission shali request from each key employee and each primary management 

official all of the information specified in Subsections 1 1.1.1 through 1 1.1.14 below. Further, 

each other applicant for a Class A license, except as otherwise provided by the Gaming 
Adopted Deccmber 15, 1999 

Aim~ided Julie 17, 2002 and Marcli 16,2004 

Commission, reserves the right, at any time, to request additional information either prior to, 

during, or subsequent to any background investigation. 

11.1.1 Full name, other names used (oral or written), social security numbers, 

date of birth, place of birth, citizenship, gender, all languages (spoken and 

written); 

11.1.2 Currently and for at least the previous 5 years: business and employment 

positions held, ownership interests in those businesses, business and 

residence addresses and drivers license number(s); 

11.1.3 Namesand current addresses of at least 3 non-related personal references, 

including one personal reference who was acquainted with the applicant 

during each period of residence as listed under Subsection 1 1.1.2 above; 

11.1.4 Current business and residence telephone numbers; 

11.1.5 A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in those 

businesses; 

11.1.6 A description of any existing and previous business relationships with 

Indian Tribes, including ownership interest in those businesses; 

11.1.7 Name and address of any licensing or regulatory agency with which the 

person has ever filed an application for a license or permit related to 

gaming, whether or not such license was or permit was granted; 

11.1.8 For each felony for which there is an on-going prosecution or a conviction: 

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

disposition, if any, of the case; 

11.1.9 For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traffic violations) withinl 0 years of the date of the 

application; the name and address of the court involved, and the date and 

disposition, if any, of the case; 

11.1.10 For each criminal charge (excluding minor traffic charges), whether or not 

there is or was a conviction, if such criminal charge is withinl 0 years of 

the date of the application and is not otherwise listed above pursuant to 

Subsections 1 1.1.8 and 1 1.1.9 above: the criminal charge, the name and 
Adopted December 15,1999 

Amended Jmie 17, 2002 aid Marcli 16,2004 

address of the court involved and the date and disposition, if any, of the 

case; 

11.1.1 1 Name and address of any licensing or regulatory agency (Federal, Tribal, 

State, local or foreign) with which the person has filed an application for 

an occupational license or permit, whether or not such license or permit 

was granted; 

11.1.12 Current photograph; 

11.1.13 Any other information the Gaming Commission deems relevant; and 

11.1.14 Fingerprints taken by a law enforcement agency consistent with the 

procedures adopted by the Gaming Committee according to 25 C.F.R. 5 

522.2(h). 

1 1.2 Gaming Commission Investigations 

The Gaming Commission shall conduct or cause to be conducted an investigation suficient to 

make a determination of eligibility as required under Subsection 11.3. In conducting the 

background investigation, the Gaming Commission and their agents shall promise to keep 

confidential the identity of each person interviewed in the course of the investigation. 

1 1.3 ~li~ibiiity Determination 

The Gaming Commission shall review a person's prior activities, criminal record, if any, and 

reputation, habits and associations to make a finding concerning the eligibility of a key employee 

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

Commission determines that employment of the person poses a threat to the public interest or to 

the effective regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or illegal 

practices and methods and activities in the conduct of gaming, the Gaming Commission shall not 

employ that person in a key employee or primary management official position or in any other 

position for which a Class A license is required, except as specifically established by the Gaming 

Commission. 

Section 12. Forwarding Applications and Reports to the NIGC 

12.1 Applications 

On or before the date any key employee or primary management official is employed by a 

gaming operation authorized under this Gaming Ordinance, the Gaming Commission shall 
Adopted December 15, 1999 

Amended June 17,2002 and March 16,2004 

forward to the NIGC the person's completed application for employment containing the 

information required in Subsection 1 1.1 above. 

12.2 Investigative Reports 

Prior to issuing a license to a key employee or a primary management official, the Gaming 

Commission shall forward to NIGC, together with a copy of the eligibility determination made in 

accordance with Subsection 1 1.3, an investigative report on each background investigation 

within 60 days after an employee begins work or within 60 days of the approval of this Gaming 

Ordinance by the NIGC. The gaming operation shall not employ or continue to employ any 

person as a key employee or primary management official who does not have a license within 90 

days of beginning work. The investigative report shall include the following information: 

12.2.1 Steps taken in conducting a background investigation; 

12.2.2 Results obtained; 

12.2.3 Conclusions reached; and 

12.2.4 The bases for those conclusions. 

12.3 Other Reports 

The Gaming commission shall provide to the NIGC and the State any other reports and 

information required by IGRA and regulations promulgated thereunder and the Compact. 

Further, with respect to key employees and primary management officials, the Tribe shall also 

retain copies of applications for employment and reports, if any, of background investigation for 

inspection by the NIGC for no less than 3 years from the date of termination of employment. If a 

license is not issued to an applicant, the Gaming Commission shall notifjr the NIGC and may 

forward copies of its eligibility determination and investigative report, if any, to the NIGC for 

inclusion in the Indian Gaming Individuals Record System. 

Section 13. Issuance and Suspension of Licenses 

1 3.1 No Objections by NIGC 

If, within a 30-day period after the NIGC receives an application and report as required under 

Section 12, the NIGC notifies the Gaming Commission that it has no objection to the issuance of 

a license pursuant to a license application filed by a key employee or a primary management 

official for whom the Gaming Commission has provided an application and investigative report 

to the NIGC, the Gaming ~ornrnissioi may issue the license. 
Adopted Derenlber 15, 1999 

Amellded June 17,2002 and Mmll 16,2004 

13.2 Objections by NIGC 

If, within the30-day period established, the NIGC provides a statement itemizing objections to 

issuance of a license to a key employee or primary management official, the Gaming 

Commission shall reconsider the application, taking into account such objections. The Gaming 

Commission retains the right to make the final determination whether to issue the license to such 

an applicant. 

13.3 Extension of NIGC's 30-day Review Period 

In the event the NIGC has requested any additional information pursuant to Subsection 12.3, the 

30-day period referred to in Subsections 13.1 and 13.2 shall be suspended until the NIGC 

receives the additional information. 

13.4 License Suspension 

If, after the issuance of a gaming license, the Gaming Commission receives reliable information 

fiom the NIGC or other reliable source indicating that a key employee or a primary management 

official is not eligible for employment under Subsection 11.3, the'.Gaming Commission shall 

suspend the license and shall notify the licensee in writing of the license suspension and 

proposed revocation. The Gaming Commission shall notie the licensee of a time and place for a 

hearing on the proposed revocation of a license. After the revocation hearing, the Gaming 

Coinmission shall determine whether to revoke or to reinstate the gaming license and notify the 

NIGC of its decision. 

Section 14. Applications 

14.1 Forms 

Each application form for a key employee or a primary management official, as well as for all 

other Class A license applicants, unless otherwise specifically exempted by the Gaming 

Commission, shall contain the notices set forth in Subsection 14.2 and 14.3 below: 

14.2 Privacy Act Notice 

In compliance with the Privacy Act of 19 74, the following information is 

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

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

eligibility of individuals to be employed in a gaming operation. The information 

will be used by National Indian Gaming Commission members and staffwho have 

need for the information in the performance of their ofJicial duties. The 
Adopted December 15,1999 

Alne~ided June 17, 2002 and March 16,2004 

information may be disclosed 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 National Indian Gaming Commission in connection with the 

hiring or firing of an employee, the issuance or revocation of a gaming license, or 

investigations of activities while associated with a Tribe or a gaming operation. 

Failure to consent to the disclosures as indicated in this notice will result in a 

Tribe's being unable to hire you in a primary management official or key 

employee position. 

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

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

14.3 Notice Regarding False Statements 

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 fine or 

imprisonment (1 8 U. S. C. $1 001). 

14.4 Existing Key Employees or Primary Management Officials 

Any existing key employee or primary management official, or other Class A licensee unless 

otherwise specifically exempted by the Gaming Commission, shall be notified that they shall 

either: . 

14.4.1 Complete a new application form that contains the Privacy Act notice and 

the notice regarding false statements; or 

14.4.2 Sign a statement that contains the Privacy Act notice and consent to the 

routine uses described in that notice, and sign a statement that contains the 

notice regarding false statements. 

Section 15. Compacts 

In addition to the provisions set forth above, no Class I11 gaming shall be engaged in or on Tribal 

lands unless a Compact has first been obtained in accordance with IGRA, 25 U.S.C. § 

2710(d)(l)(C). All negotiations for such a Compact shall be conducted through the Chairperson 

of the Tribe, with the advice and suggestion of the Gaming Committee. 
Adopted December 15, 1999 

Anended June 17,2002 and March 16,2004 

Section 16. Interest in Management Contracts 

No elected official of the Tribe, including the Gaming Commission, the Gaming Committee or 

any other committee or agency of the Tribe, shall have a financial interest in or management 

responsibility for any management agreement entered into pursuant to IGRA, nor shall such 

persons serve on the board of directors or hold (directly or indirectly): a) 10% or more of the 

issued and outstanding stock of any corporation having a financial interest in or management 

responsibility for such a management agreement; or b) 10% or more of the beneficial interest in 

any partnership, trust or other entity having a financial interest in or management responsibility 

for such a management agreement. 

Section 17. Service of Process 

The Tribe designates as its agent for service of any official determination, order, or notice of 

violation, the Chairperson or Vice-Chairperson of the Gaming Committee, or in the event that the 

Committee no longer exists, then the agent for such service shall be the Chairperson of the Tribe 

Section 18. Tribal Gaming Corporation 

Nothing in this Gaming Ordinance shall prevent the Tribe, through its General Council, from 

delegating the authority to conduct gaming to one or more Tribal corporations, agencies or 

entities, so long as the Tribal gaming operations to which such authority is delegated agree to 

meet all criteria and requirements established under this Gaming Ordinance. 

Section 19. Adoption of Ordinance 

This Gaming Ordinance shall become effective upon its adoption by the General Council and 

approved by the NIGC. 

Section 20. Regulations 

Pursuant to Article 3, Section C(8) of the Tribe's Collstitution, tlie General Council hereby 

authorizes the Gaming Commitiee to adopt such regulations and guidelir~es as the Ganling 

Committee deems appropriate to imple~llenthe pro\lsions of this Ordi~lance, except that any 

arnendnlents to Regulation 003, Rebwlatio~ls Establishing the La Jolla Gaming Commission ~rlade 

after June 17, 2002, and any other regulations concerning the establishlent or supervision of the 

Gaming Comnlission, including review of Gatning Conl~nission decisions, are subject to adoption 

by the Tribal Couulcil r;ltlicr illan die Gatning Committee. Notlling i11 dlis Section shall be 

interpreted as linliti~lg the inherent authority of the General Council to enact further ordinulces 

dealing wit11 Class I1 or Class 111 guning. 

Section 2 1. Repeal 
All prior gaming ordinances are hereby repealed. 

CERTIFICATION 

I, Viola Peck, Secretary of the La Jolla Band of Luiseno Indians, do hereby certify 

That at a duly called General Council meeting held on December 15,1999, this 

Ordinance was reviewed and approved by a vote of 22 in favor, 0 opposing and 3 

abstaining, and amended at a duly called General Council meeting held on June 

17,2002, by a vote of 37 in favor, 1 opposing and 2 abstaining and on March 16, 

2004, by a vote of 49 n favor, 8 opposed and 1 abstaining. I do hereby certify that 

this Ordinance has not been amended or rescinded in any way. 

Adopted December 15,1999 

Amended June 17,2002 and March 16,2004 
La Jolla Band of Luiseno Indians 

Gaming Committee Resolution No. 0 1-0 1 

WHEREAS, The La Jolla Band of Luiseno Indians ("the Tribe") is a federally 

recognized American Indian Tribe recognized by the United States 

Secretary of the Interior as having jurisdiction over Indian Lands in 

California which are eligible for gaming under the Indian Gaming 

Regulatory Act (25 U.S.C. Sections 2701 -272 1) ("IGRA"); and 

WHEREAS, The General Council is the governing body of the Tribe pursuant to 

Article 3 of the Tribe's Constitution, having all the legislative powers and 

responsibilities of the Tribal Government; and 

WHEREAS, The General Council, pursuant to Article 3, Subsection C(8) of the Tribe's 

Constitution, may delegate, by ordinance or resolution, any of its 

enumerated powers and duties to a committee; and 

WHEREAS, The General Council, pursuant to Section 20 of the Tribe's Gaming 

Ordinance, duly adopted on December 1 5,1999, ("Gaming Ordinance") 

has delegated to the Tribe's Gaming Committee the power and 

responsibility of promulgating such regulations as the Gaming Committee 

deems appropriate to implement the provisions of the Gaming Ordinance; 

and 

WHEREAS, Section 8.1.14 of the Compact requires the Tribe to adopt technical 

standards for gaming devices; and 

WHEREAS, 25 C.F.R. § 542.3(a) requires the Tribe to adopt minimum internal control 

standards for gaming operations on the La Jolla Reservation; and 

NOW, THEREFORE BE IT RESOLVED: That the Gaming Committee, hereby adopts Gaming 

Regulation 004: Technical Standards for Gaming Devices and Gaming Regulation 005: Internal 

Control Standards. 

CERTIFICATION 

We, the undersigned officers of the La Jolla Band of Luiseno Indians Gaming Committee do, 

hereby, certi@ that the foregoing Resolution was adopted by the Gaming Committee by a vote of 

7 in favor, o opposing, and abstaining, at a duly called meeting on October 16, , 2001 and such resolution has not been rescinded or amended in any way. 

/d(&-~p *.% kis ~apn c.. 7 'ebsevary 

Mark Lofton - Treasurer John Beresford Chairman 
LA JOLLA INDIAN RESERVATION 

22000 Hwy 76 Pauma Valley, CA 92061 

(760) 742-3771 Fax (760) 742-1704 

La Jolla Band of Luiseno Indians 

Gaming Committee Resolution No. 2000-01 

WHEREAS, The La Jolla Band of Luiseno Indians Vthe .Tribem) isa federally recognized 

American Indian Tribe recognized by the United States Secretary of the Interior 

as having jurisdiction over Indian Lands in California which are eligible for 

gaming under the Indian Gaming Regulatory Act (25 U.S.C. Sections 2701- 

272 1) ("IGRA"); and 

WHEREAS, The Gend Council is the governing body of the Tribe pursuant to Article 3 of the 

Tribes Constitution, having all the legislative powers and responsibilities of the 

Tribal Government; and 

WEEREAS, The General Council, pursuant to Article 3, Subsection C(8) of the Tribe's 

Constitution, may delegate, by ordinance or resolution, any of its enumerated 

powers and duties to a committee; and 

WHEREAS, The General Council, pursuant to Section 20 of the Tribe's Gaming Ordinance, 

duly adopted on December 15,1999, has delegated to the Tribe's Gaming 

Committee the power and responsibility of promulgating such regulations as b 

Gaming Committee deems appropriate to implement the provisions of the Gaming 

Ordinance; and 

WHEREAS, Additional procedures for conctucting background investigations and licensing are 

necessary to implement the Gaming Ordinance and to have the Gaming 

Ordinance approved by the Chairman of the National Indian Gaming Commission 

pursuant to 25 C.F.R Section 522.2(b)-(c); 

NOW, THEREFORE BE IT RESOLVED: That the Gaming Committee, hereby adopts the following gaming 

regulations: Gaming Regulation 001, Procedures for Conducting Background Investigations, and Gaming 

Regulation 002, Licensing Requirements and Procedures. 

CERTIFICATION 

We, the undersigned officers of the La Jolla Band of Luiseno Indians Gaming Committee do, hereby, certify that the ' 

foregoing Resolution is adopted by the Gaming Committee by a vote of 

- 8 in favor, _O opposing and 1 eg, at a duly called meeting on 1-28-00, and such resolution has not been 

rescinded or amended in any way. 
La Jolla Band of Luiseno Indians 

Gaming Committee Resolution No. 2 oor -02 

i 

WHEREAS, The La Jolla Band of Luiseno Indians ("the Tribe") is a federally ' i 

recognized American lndian Tribe recognized by the United States 

Secretary of the Interior as having jurisdiction over Indian Lands in 

California which are eligible for gaming under the Indian Gaming 

Regulatory Act (25 U.S.C. Sections 2701-2721) ("IGRA"); and 

WHEREAS, The General Council is the governing body of the Tribe pursuant to Article 

3 of the Tribe's Constitution, having all the legislative powers and 

responsibilities of the Tribal Government; and 

WHEREAS, The General Council, pursuant to Article 3, Subsection C(8) of the Tribe's 

Constitution, may delegate, by ordinance or resolution, any of its 

enumerated powers and duties to a committee; and 

WHEREAS, The Gaming Committee, pursuant to Section 20 of the Tribe's Gaming 

Ordinance, duly adopted on December 15, 1999, ('Gaming Ordinancey7) 

adopted Gaming Regulation 003, Regulations Establishing the La Jolla 

Gaming Commission; and 

WHEREAS, The Gaming Committee desires to exercise to amend Gaming Regulation 

003, pursuant to its, authority under Section Xm of that Regulation; 

,NOW, THEREFORE BE IT RESOLVED: That the Gaming Committee, hereby amends Gaming cRegulation 003, Regulations Establishing the La Jolla Gaming Commission, as follows: 

a) Subsection m.A is amended by deleting the words "to five (5);" and 

b) Subsection 1V.F is amended by replacing the words "three (3)" in the first 

sentence with "two(2)." 

CERTIFICATION 

We, the undersigned officers of the La Jolla Band of Luiseno Indians Gaming Committee do, -. 

hereby, certify that the foregoing Resolution was adopted by the Gaming Committee by a vote of 

in favor, J- opposing, and abstaining, at a duly called meeting on ~d~bee 330 , 2001 and such resolution has not been rescinded or amended in any way. / 
La Jolla Band of Luiseno Indians 

Gaming Committee Resolution No. 0 1-0 1 

WHEREAS, The La Jolla Band of Luiseno Indians ("the Tribe") is a federally 

recognized American Indian Tribe recognized by the United States 

Secretary of the Interior as having jurisdiction over Indian Lands in 

California which are eligible for gaming under the Indian Gaming 

Regulatory Act (25 U.S.C. Sections 2701 -272 1) ("IGRA"); and 

WHEREAS, The General Council is the governing body of the Tribe pursuant to 

Article 3 of the Tribe's Constitution, having all the legislative powers and 

responsibilities of the Tribal Government; and 

WHEREAS, The General Council, pursuant to Article 3, Subsection C(8) of the Tribe's 

Constitution, may delegate, by ordinance or resolution, any of its 

enumerated powers and duties to a committee; and 

WHEREAS, The General Council, pursuant to Section 20 of the Tribe's Gaming 

Ordinance, duly adopted on December 1 5,1999, ("Gaming Ordinance") 

has delegated to the Tribe's Gaming Committee the power and 

responsibility of promulgating such regulations as the Gaming Committee 

deems appropriate to implement the provisions of the Gaming Ordinance; 

and 

WHEREAS, Section 8.1.14 of the Compact requires the Tribe to adopt technical 

standards for gaming devices; and 

WHEREAS, 25 C.F.R. § 542.3(a) requires the Tribe to adopt minimum internal control 

standards for gaming operations on the La Jolla Reservation; and 

NOW, THEREFORE BE IT RESOLVED: That the Gaming Committee, hereby adopts Gaming 

Regulation 004: Technical Standards for Gaming Devices and Gaming Regulation 005: Internal 

Control Standards. 

CERTIFICATION 

We, the undersigned officers of the La Jolla Band of Luiseno Indians Gaming Committee do, 

hereby, certi@ that the foregoing Resolution was adopted by the Gaming Committee by a vote of 

7 in favor, o opposing, and abstaining, at a duly called meeting on October 16, , 2001 and such resolution has not been rescinded or amended in any way. 

/d(&-~p *.% kis ~apn c.. 7 'ebsevary 

Mark Lofton - Treasurer John Beresford Chairman 
La Jolla Band of Luiseno Indians 

Gaming Committee Resolution No. 2 oor -02 

i 

WHEREAS, The La Jolla Band of Luiseno Indians ("the Tribe") is a federally ' i 

recognized American lndian Tribe recognized by the United States 

Secretary of the Interior as having jurisdiction over Indian Lands in 

California which are eligible for gaming under the Indian Gaming 

Regulatory Act (25 U.S.C. Sections 2701-2721) ("IGRA"); and 

WHEREAS, The General Council is the governing body of the Tribe pursuant to Article 

3 of the Tribe's Constitution, having all the legislative powers and 

responsibilities of the Tribal Government; and 

WHEREAS, The General Council, pursuant to Article 3, Subsection C(8) of the Tribe's 

Constitution, may delegate, by ordinance or resolution, any of its 

enumerated powers and duties to a committee; and 

WHEREAS, The Gaming Committee, pursuant to Section 20 of the Tribe's Gaming 

Ordinance, duly adopted on December 15, 1999, ('Gaming Ordinancey7) 

adopted Gaming Regulation 003, Regulations Establishing the La Jolla 

Gaming Commission; and 

WHEREAS, The Gaming Committee desires to exercise to amend Gaming Regulation 

003, pursuant to its, authority under Section Xm of that Regulation; 

,NOW, THEREFORE BE IT RESOLVED: That the Gaming Committee, hereby amends Gaming cRegulation 003, Regulations Establishing the La Jolla Gaming Commission, as follows: 

a) Subsection m.A is amended by deleting the words "to five (5);" and 

b) Subsection 1V.F is amended by replacing the words "three (3)" in the first 

sentence with "two(2)." 

CERTIFICATION 

We, the undersigned officers of the La Jolla Band of Luiseno Indians Gaming Committee do, -. 

hereby, certify that the foregoing Resolution was adopted by the Gaming Committee by a vote of 

in favor, J- opposing, and abstaining, at a duly called meeting on ~d~bee 330 , 2001 and such resolution has not been rescinded or amended in any way. / 
LA JOLLA BAND OF LUISE~~O INDIANS 

22000 Hwy 76 * Pauma Valley, CA. 92061 

(760) 742.3771 Fax (760) 742-1704 

RESOLUTION 

NUMBER: GC 2002-25 

DATED: May I, 2002 

WHEREAS: The La Jolla Band of Luiseno Indians ("the Tribe") is a federally 

Recognized American Indian Tribe recognized by the United 

States Secretary of the Interior as having jurisdiction over 

Indian Lands in California which are eligible for gaming under 

the Indian Gaming Regulatory Act (25 USC Sections 2701-2721) 

("IGRA"); and 

WHEREAS: The General Council is the governing body of the Tribe 

pursuant to Article 3 of the Tribe's Constitution, having all the 

legislative powers and responsibilities of the Tribal 

Government; and 

WHEREAS: In order to engage in Class I1 or Class 111 gaming, the governing 

body of a Tribe must adopt a gaming ordinance and have the 

ordinance approved by the Chairman of the National Indian 

Gaming Commission ("NIGC"), pursuant to IGRA (ie.,z(j 

USC Subsections 271o(b)(x)(B) and 271o(d)(r)(A); and 

WHEREAS: The General Council adopted a gaming ordinance, entitled La 

Jolla Band of Luiseno Indians Gaming Ordinance ("Gaming 

Ordinance") on December 15,1999, which was approved by the 

NIGC as indicated in the NIGC's letter of April 27,2000; and 

WHEREAS: The Gaming Ordinance establishes the La Jolla Gaming 

Committee to which it delegates the authority to establish a 

Gaming Commission; and 

WHEREAS: The La Jolla Tribal Council, and not the La Jolla Gaming 

Committee, should have the authority over the Gaming 

Commission in order to ensure the appropriate separation of 

power; and 

WHEREAS: The Gaming Ordinance provides for a Gaming Committee of 

twelve members and mandates a time cenain for Gaming 

Committee meetings; and 

WHEREAS: The Gaming Committee consists of eight members who have to 

schedule meetings according to the Committee members 

schedules; 

NOW THEREFORE BE IT RESOLVED: That the Tribe, through it's General 

Council, hereby amends the La Jolla Band of Luiseno Indians Gaming Ordinance 

Adopted by the General Council on June 11,1999 so that the Tribal Council, and not 

The Gaming Committee appoints the Gaming Commission; The Gaming Committee 

Has eight members; and the Gaming Committee is granted the flexibility to schedule 

Its meetings so long as it meets at least once a month. 
CERTIFICATION 

WE THE UNDERSIGNED OFFICIALS, do hereby certify that the foregoing 

resolution was adopted at a duly called meeting of the La Jolla Band of Indians 

General Council held this IP day of June zoo2 by a "ote of 37 in favor, I opposing, 

and 2 abstaining. 

A. 

Theda Molina, sdmary ' Jack Musick, Treasurer 

, Council Member 
La JoIla Band of Luiseno Indians 

Gaming ~ommittce'~esolution No. C - r: ; 

M?f EREAS, The La Jolla Band of Luiseno Indians ("the Tribe") is a federally 

recognized American Lndian Tribe recognized by the United States 

Secretary of the Interior as having jurisdiction over Indian Lands in 

California which are eligible for gaming under the Lndim Gaming 

Regulatory .4ct (25 U.S.C. Sections 2701 -272 1) ("IGIM"); and 

WHEREAS, The General Council is the governing body of the Tribe pursuant to 

Article 3 of the Tribe's Constitution, having all the legislative powers and 

responsibilities of the Tribal Government; and 

WHEREAS, The General Council, pursuant to Article 3, Subsection C(8) of the Tribe's 

Constitution. may delegate, by ordinance or resolution, any of its 

enunlerated powers and duties to a committee; and 

WHEREAS, The General Council, pursuant to Section 20 of the Tribe's Gaming 

Ordinance, duly adopted on December 15, 1999, has delegated to the 

Tribe's Gaming Committee the power and responsibility of promulgating 

such regulations as the Gaming Committee deems appropriate to 

implement the provisions of the Gaming Ordinance; and 

WHEREAS, The Gaming Committee, pursuant to Section 20 of the Tribe's @amkg 

Ordinance, duly adopted on October '16,2001, Gaming Regulation 004, 

Technical Standards for Gaming Devices; and 

WHEREAS. The Gaming Committee wishes to amend Gaming Regulation 004; 

NOW, THEREFORE BE IT RESOLVED: That the Gaming Committee, hereby amends 

Garning Regulation OM, Technical Standards for Gaming Devices, as follows: 

a) Subsection XII.A.l is amended by deleting the word "and" at the end ofthe 

subsection; 

b) Subsection III.A.2 is amended by replacing the period at the end of the subsection 

with "; and"; and 

c) Subsection IXI.A.3 is added and reads as follows: 

3. GW- 13: On-line Monitoring and Control Sysrems, Vkrsion 1,1, released 

Fehrunry 20, 2001, ns amendedpom time to time. 
CERTIFICATION 

We, the undersigned officers of the La Jolla Band of Luiseno Indians Gaming Committee do, 

hereby, certify that the foregoing Resolution was adopted by the Gaming Commirtee by a vote of 2 in favor. cpposing, and & abstaining, at r duly called meeting on L//T //L , 2002 and such rcwtution has not been rescinded or amended in any way. 
1 

/ 

La Jolh Band of Luisefio Indians 

Gaming Committee Resolution No. JG&J -32. 

WHEREAS, The La Jolla Band of Luisdo Indians (''the Tribe") is a fedaally 

recognized American Indim Tribc ~o~ized by theUnited Stater 

Secretary of thc Interior as having jurisdiction over Indian Lands in 

California which are eligible for gaming under the Indian Gaming 

Regulatory Act (25 U.S.C. Sections 2701-2721) ("IGRA"); and 

WHEREAS, Thc General Council is the governing body of the Tribe pumuant to 

Article 3 of the Tribe's Constitution, having all the legislative powers and 

responsibilities of the Tribal Government; and 

WHEREAS, The General Council, pursuant to Article 3, Subsection C(8) of the Tribe's 

Constitution, may delegate, by ordinance or resolution, any of its 

enumerated powers and duties to a committee; and 

WEEKEAS, The General Council, pursuant to Section 20 of the Tribe's Gaming 

Ordinance, duly adopted on December 15,1999, ("Gaming Ordinance") 

has delegated to the La Jolla Gaming Committee the power and 

responsibility of promulgating and amending such regulations as the 

Gaming Committee deems appropriate to implement the provisions of the 

Gaming Ordinance; and 

WHEREAS, the Gaming Committee deems it appropriate to amend Gaming 

Regulations 001 and 002 to authorize the La Jolla Garning Commission to 

establish fees for licensing and baclcground investigations; and 

NOW, THEREFORE BE IT RESOLVED: That thc Gaming Committee hereby mends Gaming 

Regulation 001 : Procedures for Conducting Background hvestigations by replacing the first 

sentence of Section VII with: 'The Gaming Commission shall, by resolution, establish fees for 

background investigations." 

BE IT FURTHER RESOLVED: That the Gaming Committee hereby amends Gaming 

Regulation 002: Licensing Requirements and Rocedures by replacing the first sentence of 

Section VDI with: 'The Gaming Commission shall, by resolution, establish fees for applications 

and licenses." 

CERTIFICATION 

We, Be undersigned officers of the La Jolla Gaming Committee do hereby certify that the 

foregoing Resolution was adopted by the Gaming Committee by a vote of 3 in favor, & 
opposing, and & abstaining, at a duly eal 

resolution has not been rescinded or arnende 
m 

lrrlnn- LA JOU BAND OF LUISEFJO INDIANS 

RESOLUTION 

NUMBER: TC wo3-17 

DATED: May *a m3 

WHEREAS: ~jr job had of tub- 1ndknr (.h ~lribr") u • kdually 

recognized American Indian Tni ~~ by th United 

Stater Secretary of the Iatubt u bviug jrtrbdictlo~ over 

Indiin Lands in CaUfornh which uc eliaibfrr for 8amiq k 

the Indian Gaming Ragukmy Act (3 U.S.C. Scctioa ator - 

27~) ('IGRA'F, and 

WHEREAS: The Genera1 CmII i~ tha gonrahg body of the Trk 

putwant to Article j of the Trik'r ~ktitutton, having all tiw 

legirhtic pawera and rrspmibilities of the Tribal 

Govmment; and 

WHEREAS: Tb General Counc& puntant to article 3, Substetinn C (8) of 

the Tribe'. Conrtitutioa, snap &legate, by ordinance or 

rewlution, ray al hr enumu.d powera and duties to r 

committte; ad 

WHEREAS: The Gaming Cowunittee, pvwrat to Section ao of the Tribe% 

Grmiag Orrdinmnct, ddy adopted on December q, 1999, 

("Gmming Ordiacrmeew) Gaming Regulation oaj, Regulrcbiu 

Estsblirhin8 thr La Job Gamiq Commirrioa; and 

*HEREAS: The Tribal Council derbr to amend Gamiq Regulation 

pmunt to it* autbrity under Section 20 of that Gamiq 

Ordinance; 

NOW THEREFORE BE IT RESOLVED: thu the Tribal Council Lnbf amenda 

Gaming Regulation 09, Rtphtfonr E~trbtthing the LaJoIIa Gamily Commirrha, 

As foUowa: 
Pg I1 

Resolution tc zootv 

a) Section 1II.A is aacnded by replacing "apphtd bp majority vote 

of tbc Ttfirl Council* with 'hired in accordmnce with the Tribe's 

ptranuvl policia and proad-. The Commhtiona be 

under the direct rupdsbn of the Tribal Council and, 

~~~twithstanding any proviaionr of the Tribe'a paronncl policies 

and procadurea to the contrary, only the Tribal Council is 

authorized to tak diaciplfnrq action rgrinrt r Commirrionet or to 

wnrida employment grkvancea fiid by Commbriontt, A 

dtcirion to take disciplinary action a~rinrt a Commiaaioner rtguiica 

a arjoritJr rate 0E the entire Tribal Council, and much decisions my 

be appealed within thirty b) dry8 to the appellate body eaubliahed 

under Gaming RcguLtion on*. 

3) Submction 1II.D is amended by replacing 'for a term of k 6) 

years, with no limitation as to the number of term rtrvtd, subject 

m a *-day probationup period" rith "rrjltil resigmtion, 

termination for muse, dimqualition or death", 

4) Subsection II1.E: t amended by dtletfng "Comnrirrbners shall 

aerve until appointment of their 111ccessors, or until resignation, 

termhation for uurt, dirqurliiicrcion or death", 

5) Subaectioa IILB(2) ir am~trded by deleting the words 'for uwcw 

and repkcing J3" with "aujatity', 

6) Subaecrfon 1II.F la amended by rephcing Yappoint a rtptcement by 

majority vett. The appointment rbU be made" with "hire r 

rtplrcelnent." 

7) Subaection 111.1 ie amended by repking the work *qurrttrlJn rith 

"biwcekLyw. 

8) Subwetion 1II.J ia added; 

9) Section VI is rmended by adding the following paragraph before 

Subsection V1.A: 

At its db-tim, but SU~ to a,pprooal tb ~tibrrt cmncil, 

the GrPning Commiuim may lrinc an Ewrvtirn Dimtor, thir Srctim Vl 

rM2 apply. If the Gumiw Cmmirrim, hses to aot kitv an Eneutiw 

Dim* this Scctim VI will not upply: in ruldiliorg m?p poin'm in tbir 

RrguWm that trfrs to "Executiue Director" rlhn contime tofiif~e - and flc~ll as ifthe rPmdr YExe~dve Dimtotsb mrrr not included in that 

10) Section VIII is rmended by rcptchg 'Committee* at th~ end of 

the recond sentence with *Cornmiariorqw 

XI) Section VII ir amended by inatrting after the second atmenet thc 

"Commission ahall add to thir annual budget an rdditionrl tnn 

percent (to*) of the annual budget to serve u a contingency fund 

to cover costs in the eveat of an emergency ot dm-n event," 

md by adding to the end of the hat wntence, *so long as tbr 

contingency fund is rdficient ta eoar thir &riation", 
13 Section 1X.B is amended by insertin8 "other than a lieemsing 

deciim", ltur "Any prnon or entity advemeb affected by a 

decision, of the Commbsbnw, and add@ to the end of the 

paragraph the renknce: "Licensing decisionr of the Commirtion 

are review able only in accordance with Gaming Regulation om, 

Liceruing Requirements and Proccducer." ad 

q) Section XI11 is amended by rephcing "Jj' with .a majority'. 

CERTIFICATION 

WE THE UNDERSIGNED OFFICIALS of tha La Job Bd of Lubeno Indkm 

Tribal Council do hmby cat* that the foregoing rnolutblu waa adopted at duly 

ailed meeting thi~ lb* day of May 2003 by a rote of 3 in hwr, o qaht 

1 Abstaining. 
La Jolla Band of Luiseflo Indiaas 

Gaming Committee Resolution NO- h349 

WHEREAS, The La Jolla Band of Luiseio Indians ("the Tribe") is a federally 

recognized American Indian Tribe recognized by the United States 

Secretary of the Interior as having jurisdiction over lndian Lands h 

California which are eligible for gaming under the Indian Gaming 

Regulatory Act (25 U.S.C. Sections 2701-2721) ("IGRA"); and 

WHEREAS, The General Council is the governbg bdy of the Tribe pursuant to 

Article 3 of the Tribe's Constitution, having all the legislative powers and 

responsibilities of the Tribal Government; and 

WHEREAS, The General Council, pursuant to Article 3, Subsection C(8) of the Tribe's 

Constitution, may delegate, by ordinance or resolution, any of its 

enumerated powers and duties to a committee; and 

WHEREAS, The General Council, pursuant to Section 20 of the Tribe's Gaming 

Ordinance, duly adopted on December 15,1999, has delegated to the La 

Jolla Gaming Committee the power and wnsibility of promulgating . such regulations as the Gaming Committee deems appropriate to 

implement the provisions of the Gaming Ordinance; and 

WHEREAS, Gaming Regulation 004, Technical Standards for Gaming Devices, was 

duly adopted on October 16,2001 and amended on April 9,2003; and 

WHEREAS, The king Committee wishes to further amend Gaming Regulation 004, 

NOW, THEREFORE BE IT RESOLVED: That the Gaming Committee, hereby amen& 

Gaming Regulation 004, Technical Standards for Gamirzg Devices, as hllowr: 

a) The words "and redemption kiosks" are added after the words "gmning devices" 

in the title, the fyn and second sentence of Section I, Subsection m.4 and 

Section V.; 

The words "or redemption kiosks" are added afbr the words "gaming devices in 

Section 1N; 

C) Subsection III.A.2 is amended by replacing "; pnd" with a period; 

Subsection m.A.3 is amended by replacing the period at the end of the subsection 

with "; and"; and 

C) Subsection XXAA is added and reads as follows: 

GLI-20: Redemption Kiosks, Versioa 1 .I, releared February 24 2003, m 
amended from time to time. 

CERTIFICATION 

We, the undersigned officers of the La Jolla Gaming Committee do hereby certify that the 

foregoing Resolution was adopted by the Gaming Committee by a vote of $ in favor, 

opposing, and& abstaining, at a duly called meeting on -4 ,2003 and such 

resolution has not been rescinded or amended in any way. 
Frsd Ndson, Jr. 

CandMdmbsr 

LA JOLLA BAND OF LUISE~O INDIANS 

22000 Hwy 76 + Peuma tralley, CA. 92061 

(760) 742-3711 Fa (760) 742-1 704 

RESOLUTION 

NUMBER: GC zooq-ro 

DATED : March 16, zoo4 

WHEREAS: The La Jolla Band of Luiseno Indians ("the Tribe") is a federally recognized American 

Indian Tribe recognized by the United States Secretary of the Interior as having 

jurisdiction over Indian Land in California which are eligible for gaming under the Indian 

Gaming Regulatory Act (25 U.S.C. Section 2701 - 2721) ('IGRA'); and 

WHEREAS: The General Council is the governing body of the Tribe pursuant to Article 3 of the 

Tribe's Constitution, having all the legislative powers and responsibilities of the Tribal 

Government; and , 

WHEREAS: The General Council, pursuant to Article 3, Subsection C (8) of the Tribe's 

Constitution, may delegate, by ordinance or resolution, any of its enumerated powers and 

duties to a committee; and 

WHEREAS: The Tribal Council desires to amend Gaming Ordinance, pursuant to its authority under 

Section C (8) of the Tribe's Constitution; now 

THEREFORE BE IT RESOLVED; THAT: The General Council hereby amends the La Jolla Band of Indians 

Gaming Ordinance, Section 2. Definitions, 2.10 as follows: 

2.10 "Gaming Committee" means a committee consisting of two (2) Tribal members 

twenty one (21) years of age or older, and two (2) members of the La Jolla Tribal Council, 

approved by the General Council at a duly called meeting of the General CounciL 

CERTIFICATION 

WE THE UNDERSIGNED, OFFICIALS OF THE La Job Band of Luiseno Indians Tribal Council do hereby 

certlfy that the fore going resolution was adopted at a duly called meeting this 16~ day of March 2004 by a vote of: 

'-4 4 

in favor, . . . 3 opposed, i abstaining. 
Issued January 28, 2000 

Amended June 13.2003 

1-a Jolla Band of Luiseiio Indians 

Gaming Regulation 002 

Licensing Requirements and Procedures 

I. Purpose 

This Regulation describ$s the requirements and procedures to be followed by the La Jolla 

Gaming Commission (the "Ganling Commission") when issuing licenses in connection with any 

Class I1 or Class 111 gaming ope]-ation on Tribal lands. 

11. Incorporation bv Refereqs 

This Regulation supplemlents the provisions of the Tribe's Gaming Ordinance and any 

gaming compact between the Tdbe and the State of California (the "Compact"), which are 

incorporated herein. In the event of a contlict or inconsistency between this Regulation and the 

provisions of the Gaming Ordinance or the Compact, the provisions of the Gaming Ordinance or 

the Compact prevail to the extenk of the conflict or inconsistency. Unless specified otherwise, 

terms used herein shall have the isame meaning as in the Gaming Ordinance. 

111. Elipibility Determinationis 

In making findings conceiming the eligibility of applicants for Class I1 or Class 111 gaining 

licenses, the Gaming Commissio~n shall take into consideration any of the following 

circumstances: 

A. If the applicant Uowingly and intentionally provided false statements or 

information or oditted relevant information on the application, or otherwise 

misrepresented or failed to disclose a material fact to the Gaming Commission; 

B. If the prior activitiies, criminal record, reputation, habits, and association indicate 

that the person maiy be a threat to the public interest or to the effective regulation 

and control of gaqing; 

C. If association withior employment of this applicant creates or enhances the 

dangers ofunsuitab~e. unfair, or illegal practices, methods. and activities in the 

conduct of garnind or the carrying on of the business and fjnancial arrangements 

incidental thereto; : 

D. If the applicant had violated, failed, or refused to comply with the provisions, 

requirements, conditions, limitations, or duties imposed by any provision of the 

Compact or Gaminlg Ordinance, or possesses knowledge that such violation has 
Issued January 28.2000 

Amended June 15,2003 

occurred upon arly premises occupied or operated by any such person or over 

which he or she Hiaslhad substantial control; 

E. If the applicant k~owingly caused, aided, abetted, or conspired with another to 

cause any person or entity to violate any of the laws of any state, the provisions of 

the Compact or t11e Gaming Ordinance; 

F. If the applicant hl~s ever obtained a license by fraud, misrepresentation, 

concealment, or through inadvertence or mistake; 

G. If the applicant hlis ever been convicted of, or forfeited bond upon a charge of, or 

plead guilty to forgery, larceny, extortion, conspiracy to defraud, willhl failure to 

make required palyment or reports to any Tribal, State, or U.S. Government agency 

at any level, or filed false reports therewith, or of any similar offense(s), or of 

bribing or othewise unlawhlly influencing a public official or employee of a 

Tribe, a State. or the U.S. Government, or of any felony or misdemeanor 

involving any ga&ing activity, physical harm to individuals or moral turpitude; 

H. , If the applicant islsubject to current prosecution or pending charges, or a 

conviction under lippeal for any of the offenses listed above. Upon request of the 

applicant, the Garpling Commission may defer decision on the application pending 

the results of such prosecution or appeal; 

I. If the applicant hqs demonstrated a willhl disregard for compliance with a gaming 

regulatory authoriity in any jurisdiction or has ever had a gaming license issued by 

any State. Tribe or foreign gaming regulatory agency suspended, revoked or 

denied; 

J. If the applicant hais failed to provide any information requested by the Gaming 

Commission within 14 days of the request for the information. 

IV. Conditional Gaming Licepse 

The Gaming ~ommissiod may issue a Conditional Gaining License to an applicant of 

marginal suitability provided the iapplicant executes an agreement, which may include, but is not 

limited to, the following conditiobs: 

A. Enrollment in andjcompletion of an alcohol or drug treatment program approved 

by the Tribe or its idesignated agents. 

B. Contfiction of any 'felony or misdemeanor of any kind, except traffic offenses, 

- 3 
Issued January 25,2000 

Amended June 13,2003 

while holding a C:onditional Gaming License shall be grounds for immediate 

license revocatio~. 

C. Appearance at aqy Tribal gaming facility in an intoxicated state. whether on or off 

duty. shall be grcuunds tbr immediate license revocation. 

D. Testing positive for the use of drugs or alcohol pursuant to any required random 

drug and alcohol :testing program applicable to employees of the Tribe's gaming 

operations shall be grounds for immediate license revocation. 

E. The applicant malj be required to promptly satisfy any tax liens, civil judgements, 

court ordered child support or other financial obligations. 

V. Denial, Revocation and 3,us~ension of License 

A license may be suspendled, revoked or denied upon the occurrence of any of the 

following: 

A, Notification by the NIGC, or by any other reliable source, that the licensee is not 

eligible for a licease under Subsection 1 1.3 of the Gaming Ordinance; 

B. The Gaming Combission has probable cause to believe that the licensee has. by 

act or omission. violated provisions of the Compact, the Gaming Ordinance. the 

Tribe's Gaming R~:gulations, any condition of a Conditional Gaming License. or 

any other Federal, State or Tribal laws or regulations; 

C. The Gaming Comtnission has reason to believe that the continued licensing of a 

person constitutes ian immediate threat to the public health, safety or welfare; 

D. The Gaming Com*ission has reason to believe that the licensee is involved in any 

theft, misappropridtion, misuse or abuse of Tribal assets; 

E. The licensee engades in any conduct that brings discredit or embarrassment to the 

Tribe's gaming op$rations or the Tribe, or interferes with the normal operation of 

the Tribe's gaming/ facilities; 

F. The licensee fails tl> disclose any required information on any State or Tribal 

gaming license apdlication; 

G. The licensee fails td) respond to a request from the Gaming Cominission within 14 

days of the date of /he initial request. 
Issued January 219.2000 

Amended June 13.1003 

H. The licensee's er-dployment with the Tribe's gaming operations is terminated. 

voluntarily or inv13luntarily. 

VI. Due Process 

The denial. suspension of revocation of a license pursuant to Section V above shall 

require: 

A. Written, certified, return receipt requested or personally hand-delivered 

notification of the'denial, suspension or pending revocation be given to the 

licensee 10 days ill advance of the proposed action; 

B. Such written notiflication shall include information concerning the licensee's right 

to a hearing, shall ispecify the date, time and place for the hearing, and shall also 

advise the license@ that failure to appear for a scheduled hearing shall forfeit any 

hrther right to appeal; 

C. The Gaining Comlnission shall make a ruling within 3 days, and the licensee shall 

be notified in writ!ng, within 3 days of the ruling, of the ruling and the licensee's 

right to file a petition with the Gaming Commission for a rehearing within 15 days 

of the receipt of th12 written notification; 

D. If the licensee filed a petition for a rehearing within 15 days of receipt of the 

written notificatio~ described in Subsection VII.C, the Gaming Commission shall 

review any additiol~al information submitted by the licensee with the petition and 

notify the licensee 'in writing of its decision, which shall be a final decision. 

E. Notwithstanding sJbsection VII1.A above, the Gaming Commission may suspend 

or revoke a license'without advance notice if the licensee has falsitied an 

application or if, in the opinion of the Gaming Commssion, the licensee poses an 

immediate threat td the integrity of the Tribe's gaming operations or a threat to 

public safety or welfare. 

VII. Duration and Renewal 

All regular licenses shall bb effective for 2 years from the date of issue. Renewal 

applications must be received by the Gaming Commission at least 30 days prior to the expiration 

of the license. Any licensee applying for renewal may continue to be employed or engaged under 

the expired license until the ~amidg Commission takes action on the renewal application. 

Applicants tbr renewal shall provi/ie updated material as requested by the Gamins Commission 
Issued January 28, 2000 

Amended June I?, 2003 

but shall not be required to resubmit infonnation already available to the Gaming Commission. 

Additional background investigrl~tions may be performed at the discretion of the Gaming 

Commission. Updated criminal history checks are required. 

VIII. Fees 

The Gaming Commissioll shall, by resolution, establish fees for applications and licenses. 

Application fees shall be nonrefjlndable, regardless of whether or not a license is issued. License 

fees are only refundable if a licedlse is not issued, and not upon suspension or revocation of a 

license. Such fees shall be mada payable to the La Jolla Band of Luiseiio Indians. 

CERTIFICATION 

I, , , as Secretary of the La Jolla Gaming Committee, do hereby certify that at 

a duly call& meetind of the Gading Committee on January 28, 2000, this Regulation was 

reviewed and approved by a vote of 8 in favor, 0 opposing and 1 abstaining, and amended at a 

duly called meeting of the Garniqg Committee on June 13,2003 by a vote of 4 in favor, 0 

opposing and 2 abstaining . I do (hereby certify that this Regulation has not been otherwise 

amended or rescinded in any way. 

,$., /J 286 j 

Date ' fprh) '* 

C, 

Gaming ~otdmittee Secretary 

b 
Issued April 10,2000 and 

Amended Oct. 30, 200 1 by Gaming Committee 

Amended May 28.2003 by Tribal Council 

ka Jolla Band of Luiseiio Indians 

Gaming Regulation 003 

Regulations Establishing the La Jolla Gaming Commission 

Purpose 

The Tribal Council, by the authority vested in it pursuant to Subsection 2.9 and Section 

20 of the Gaming Ordinance adbpted by the General Council on December 15, 1999 ("Gaming 

Ordinance"), as amended, hereb;y enacts this Regulation in order to establish the La Jolla Gaming 

Commission as a non-political dnd independent unit of tribal government charged with the 

regulation of class I1 and class 111 gaming operations on the La Jolla Reservation. 

Incorporation by Refere@ 

This Regulation supplements the provisions of the Gaming Ordinance and any gaming 

compact between the Tribe and (he State of California (the "Compact"), which are incorporated 

herein. In the event of a conflicti or inconsistency between this Regulation and the provisions of 

the Gaming Ordinance or the Cdmpact, the provisions of the Gaming Ordinance or the Compact 

prevail to the extent of the conflict or inconsistency. Unless specified otherwise, terms used 

herein shall have the same meaning as in the Gaming Ordinance. 

111. Gaming Commission 

A. Establishment 

The Commission shall ba composed of three (3) Commissioners hired in accordance with 

the Tribe's personnel policies and procedures. The Commissioners shall be under the direct 

supervision of the Tribal Council and, notwithstanding any provisions of the Tribe's personnel 

policies and procedures to the cojltrary, only the Tribal Council is authorized to take disciplinary 

action against a Commissioner od to consider employment grievances filed by a Commissioner. 

A decision concerning such disciplinary action or grievance requires a majority vote of the entire 

Tribal Council. and such decisiorls may be appealed within thirty (30) days to the appellate body 

established under Gaming Reguldtion 01 1. 

B. Powers and Duties 

The Com~nission shall ex4rcise all powers necessary to perfonn the duties assigned to it 

by the Gaming Ordinance, this R gulation or any other gaming ordinance or regulation duly 

adopted by the General Council, 4 'ribal Council or Gaming Committee. The Commission shall 

exercise its regulatory powers in dccordance with the Indian Gaming Regulatory Act and 

regulations, the Compact, the Trible's own gaming laws and regulations and applicable State laws 
Issued April LO. 7000 and 

Amended Oct. 30.2001 by Gaming Conunittee 

Amended hlay 28, 7003 by Tribal Cotincil 

or regulations. Without limitinjr the generality of the foregoing, the Commission is authorized 

to: 

1 ) Conduct backgroiund investigations of all prospective elnployees and other 

persons for whonil background investigations are required as a condition of 

licensing by the Compact, Tribal laws. State laws or Federal laws; 

3) Issue. suspend, rdvoke and renew licenses of all persons referred to in 

subparagraph 1) dbove upon completion of background investigations and review 

of eligibilitylsuitability; 

3) Forward complet4:d applications and investigative reports on each backgound 

investigation for primary management officials and key employees to the NIGC 

prior to issuing a llicense and notify the NIGC if, after conducting a background 

investigation on a primary management official or a key employee, the 

Commission doeg not license the individual; 

4) Forward to the Stlite Gaming Agency notices of intent to license and completed 

applications and il~vestigative reports as required by the Compact; 

5) Maintain records On licensees and on persons denied licenses, as well as persons 

otherwise prohibirled from engaging in gaming activities within the Tribe's 

jurisdiction, provii3ed that applications and background investigation reports shall 

be maintained for at least three (3) years from termination of employment; 

6) Provide the State Gaming Agency with the name. badge identification number and 

job description of iall non-key gaming employees on a monthly basis as required 

by the Compact: 

7) Issue licenses to each place, facility or location on the La Jolla Reservation where 

the Tribe authorizes gaming, including individually owned gaming; 

8) Ensure that gamin$ facilities are constructed, maintained and operated in a 

manner that adequately protects the environment and the public health and safety; 

9) Obtain annual indqpendent outside audits and submit these audits to the NIGC; 

10) Ensure that net revlenues from any gaming activities are used for the purposes set 

forth in the Tribe'slgaming ordinance; 
Issued April 10. 2000 and 

.\mended Oct. 30. 2001 by Gaming Committee 

.Amended blny 2S,3U03 by Tr~bal Council 

11) Promulgate tribal gaming regulations for approval by the Tribal Council, 

including but not limited to regulations dealing with; 

(a) criteria arid procedures for licensing: 

(i) all employees of the gaming operation; 

(ii) ea12h place, facility or location on the La Jolla Reservation where 

th4: Tribe authorizes gaming, including individually owned gaming; 

(iii) peksons and entities who do business with the gaming operation, 

inchding manufacturers and suppliers of machines, equipment and 

sul>plies; 

(b) minimum 'internal control standards or procedures for the gaming 

operation, including standards or procedures relating to: 

(i) thd: operation's credit policies and procedures for acquiring 

supplies and equipment; 

(ii) sur'veillance; 

(iii) games and gaming machines; 

(iv) cage and credit; 

(v) intdmal audit; 

(vi) e1eci:tronic data processing; 

(vii) codlplimentary services or items. 

12) Resolve patron dislputes. 

13) Perfonn audits of business transactions to ensure compliance with regulations 

andlor policy. 

I 

14) Monitor gaining adtivities to ensure coinpliance with the Indian Gaming 

Regulatory Act, its' regulations, the Tribal-State compact and the Tribe's laws and 

regulations; 
Issued April 10, 2000 and 

Amended Oct. 30, 2001 by Gaming Committee 

Amended &lay 28, ZOO3 by Tribal Council 

15) Interact with othar regulatory and law enforcement agencies regarding the 

regulation of gaming; 

16) Conduct investig~itions of possible violations and take appropriate enforcement 

action. including lbut not limited to: 

(a) Iinpositioi~ of civil penalties not to exceed tive thousand dollars 

($5,000.06)) per each separate count or violation, where each day of 

violation $hall constitute a separate count or violation; 

(b) Inspect and examine all premises wherein gaming is conducted or 

gambling devices are used, manufactured, sold or distributed; 

(c) Inspect all equipment and supplies in, upon or about a gaming operation, 

or inspect any equipment or supplies, wherever located, which may be, or 

have been, used in the gaming operation: 

(d) Summariljl seize and remove from a gaming operation (or wherever 

located) arild impound such equipment or supplies for the purposes of 

examinatiq~n, inspection, evidence or forfeiture; 

(e) Demand irhmediate access to and inspect, examine and audit all papers, 

books, and records of applicants and licensees, and require verification of 

income and all other matters affecting the enforcement of this Regulation; 

(f) Seize and impound any patron's winnings which the Commission has 

reason to believe may have been won or obtained in violation of this 

Regulation pending a civil forfeiture hearing on such seizure; 

(g) Issue subpq~enas and compel the attendance of witnesses for hearings at 

any place &thin the La Jolla Reservation, to administer oaths and require 

testimony under oath 

17) Provide independant information to the Tribe on the status of the Tribe's gaming 

operations; 

18) Take testimony an1 conduct hearings on regulatory matters, including matters 

related to the revodation of licenses; 

19) Retain a paid staff, legal counsel and other consultants in accordance with any 

personnel ordinande, policies or procedures adopted by the Tribe, to be paid out of 

4 
Issued April 10. 2000 and 

Amended Oct. 30. 2001 by Gaming Committee 

Amended >lay 28.2003 by Tribal Council 

the Commission'i annual budget which must be approved by the Tribal Council in 

accordance with section VIII of this Regulation; 

20) Establish such pollicies. procedures, and rules as are needed to cany out the 

purposes of this fl.egulation, subject to the approval of the Tribal Council; and 

2 1) Delegate the above-mentioned powers to the Executive Director. 

1) To serve as a Con!lmissioner, an individual must be at least twenty-five (25) years 

of age, be a U.S. citizen, and have experience in one or more of the following 

fields: accounting;, law, law enforcement, gaming management or gaming 

regulation. 

2) No member of tha Tribal Council and no employee of any gaming operation may 

serve concurrently as a Commissioner. 

3) No more than one member of the same immediate family may serve on the 

Commission at th4: same time. "Immediate family" means persons who are related 

as a father, mothel, brother, sister, son, daughter, husband or wife. 

4) The Tribal Council shall conduct or cause to be conducted a background 

investigation on each Commissioner either before or within thirty (30) days of the 

Commissioner's appointment. Should the background investigation result in any 

one of the followillg findings against the Commissioner or prospective 

Commissioner, he or she shall be disqualified from serving as a Commissioner: 

(a) The person has been convicted, or is currently being prosecuted for, a 

felony or arcrime of moral turpitude, including, but not limited to, fraud, 

theft, embdzzlement, or a misdemeanor gaining offense; 

(b) The persoa has knowingly or willfully provided materially false or 

misleading~information to the Tribal Council or Tribe; 

(c) The person has refused to respond to questions asked by the Tribal 

Council thdt are relevant to the background investigation; 

(d) A majority/of the Tribal Council determines that the person is a person 

whose priol- activities, criminal record, if any, or reputation, habits, and 

association~s pose a threat to the public interest or to the effective 

5 
Issued .April 10.1000 and 

Amended Oct. 30, 200 1 by Gaming Cornrn~ttze 

Amended blay 28, 2003 by Tribal Council 

regulation and control of gaming. or create or enhance the dangers of 

unsuitable,, unfair or illegal practices, methods, and activities in the 

conduct of gaming or the carrying on of related business and tinancial 

arrangemdnts. 

D. Term of Office 

Commissioners shall serve until resignation, termination for cause, disqualification or 

death. 

E. Resirnation, Termination,for Cause, Disqualification 

1) Any Comlnissionar may resign from office at any time. Resignations shall be 

made in writing delivered to the Tribal Council at least thirty (30) days before the 

effective date of rqsignation. 

2) Tennination shall be ordered by a majority vote of the entire Tribal Council. 

F. Vacancies 

If any vacancy is created dn the Commission by virtue of resignation, death or removal of 

a Commissioner, the Tribal Couni:il shall hire a replacement within thirty (30) days of the 

vacancy's occurrence. 

G. Compensation 

Commissioners shall be ccjmpensated at the rate established by the Commission's annual 

budget which must be approved br the Tribal Council in accordance with Section VIII of this 

Regulation. Commissioners shall! be reimbursed for necessary out-of-pocket expenses incurred 

in carrying out the duties and respbnsibilities of their position. Receipts or appropriate 

documentation shall be submittedifor all expenses to be reimbursed. In no event shall 

compensation be based on a percmtage of net profits from the Tribe's gaming operations. 

H. Protections Against Confliicts of Interests 

1) Cornmissioners m y not engage in any gaming activity at the Tribe's gaming "I operations nor may they have any personal financial interest in any gambling by 

any patron of the ~/-ibe's gaming facility. 

2) If a Cornlnissioner I2r someone related to the Cornrnissioner has an existing or 

potential financial iinterest in any matter over which the Commission exercises 

6 
Issued .4pril 10. 2000 and 

Amended Oct. 30. 2001 by Gamlny Conlmittee 

.mended hIay 28. 2003 by Tribal Council 

dec~sion-making (iuthonty, thar Cornmlssioner shall make full disclosure of that 

interest to the Codnmission and shall abstain ti-om voting, or being present during 

any vote, on the nilatter. For the purposes of this Regulation, the receipt of a percapita distributioti. of gaming operation profits as paid to all eligible Tribal 

members shall not constitute a financial interest in the gaming operation. 

3) No Cornmissione$ shall use or divulge any confidential information obtained 

while carrying ou~ the duties and responsibilities of their position for the purpose 

of benetiting, either directly or indirectly, himself or herself or persons related to 

him or her. 

4) No Commissioner' or person related to a Commissioner may receive personal 

compensation, gifls. reimbursement or payment of any kind from any person 

doing or wishing tis do business with the Tribe relating to gaming nor with any 

person wishing to obtain an unfair advantage in any authorized wager on gaming. 

Any property recdived in violation of this provision, including cash payments, 

shall be immediatdly forfeited to the Tribe and the offending persons shall be 

prosecuted to the hllest extent possible. The Commission shall cooperate to the 

fullest extent possible with any Federal or State law enforcement agency to pursue 

prosecution under applicable Federal or State law. 

5) Commissioners shall1 also be subject to any Tribal laws regarding conflicts-ofinterests applicabld to Tribal employees generally. 

I. Reports 

The Colnlnission shall provide biweekly reports to the Tribal Council summarizing the 

Commission's activities. On or bdfore the last day of the third month after the close of the 

Tribe's fiscal year. the Colnmissiop shall provide to the General Council an annual report 

summarizing the Commission's ackivities during the prior fiscal year, and accounting for all 

receipts and disbursements. Such iannual report shall include an audited statement of accounting. 

J. California Law Enforcemebt Telecommunications System (CLETS) Compliance 

In accordance with Article 'VIII, Section 2 of the Gaming Ordinance and Section 6.4.8. of 

the Compact, Article 6 (commencihg with section 11 140) of Chapter 1 of Title 1 of Part 4 of the 

California Penal Code is applicabl~ to the Commissioners, the Executive Director and any other 

staff employed by the Corntnissioni. 
Issued April 10. 2000 and 

Amended Oct. 30,200 1 by Gaming Cornmittee 

Amended blay 28,2003 by Tribal Council 

IV. Meetings 

A. Rules and Regulations 

The Commission may addlpt such rules and regulations for the conduct of their meetings 

and the management of the Comrlnission as they may deem proper. 

B. Place 

Meetings of the Commissiion shall be held on the La Jolla Reservation. 

C. Initial Meetin3 

The Commission shall ho!ld its initial meeting within fourteen (1 4) days after the 

Commissioners are appointed. 

D. Regular Meetings 

The Commission shall establish a regular schedule of meetings, and shall hold no less 

than two (2) meetings in each thil-ty-day period. 

E. Special Meetings 

Special meetings of the C12mmission may be called at the request of the Executive 

Director or by any Commissioner. 

A quorum of the Commisbion shall consist of two (2) Commissioners. All actions or 

decisions must be approved by a bajority vote of the Commission. Every act or decision done or 

made by the Commissioners presknt at a meeting duly convened at which a quorum is present 

shall be regarded as an act of the kommission, subject to the provisions of this Regulation and 

dny applicable law. In the absende of a quorum, no business shall be conducted other than for the 

purpose of infonnation sharing only. 

G. Mode of Meeting 

The Board of Directors m$y conduct regular or special meetings through the use of any 

means of communication by whidh all Directors may simultaneously hear each other. 
Issued April 10. 2000 and 

Amended Oct. 30,100 1 by Gaming Committee 

.Amended hlay 28, 2003 by Tribal Council 

H. Notice 

The schedule of regular ineetings shall be sent to each Commissioner and the Executive 

Director, and no further notice of regular meetings is required to be given. Notice of special 

meetings shall be given in ~critirlg to each Commissioner and the Executive Director at least 

twenty-four (14) hours prior to the meeting. Notices shall be given either personally. by 

telephone, by mail or by fax. Such notice shall state the place, date, and hour of the meeting and 

the general nature of the busines~ to be transacted. In the case of a special meeting, no other 

business other than that set out ill the notice may be transacted at the meeting, unless approved by 

unanimous vote of the ~ommissloners. Notice is not required when the requirement is waived 

by unanimous consent of the Commissioners. Such vote shall be recorded in the minutes of the 

meeting at which such vote was taken. 

V. Officers 

A. Ap~ointment and Tenn 

At its initial meeting, the 1Commission shall appoint from among its members a President, 

Vice-president, and Secretary-Trqasurer. Officers shall serve for one (1) year. No officer shall 

serve in more than one office sirriultaneously. 

B. Duties of Officers 

The duties and powers of the officers of the Commission are those specified in this 

Regulation. and shall include any:additional duties and powers as may be set by resolution of the 

Commission, provided that such dluties and powers may not exceed the powers granted to the 

Commission by this Regulation. 

C. President 

The President shall presidq at meetings of the Commission. The President shall be the 

principal executive officer of the ommi mission. 

D. Vice-president 

In the absence of the Presigent. the Vice-president shall perfonn all the duties of the 

President, and when so acting shall1 have all the powers of, and be subject to all the restrictions 

upon, the President. The vice-pre'bident shall have such other powers and perfonn such other 

duties as may be prescribed by theipresident. 
Issued .\pril 10, 2000 and 

Amended Oct. 30. 2001 by Gam~ng Committee 

Amended May 28.2003 by Tribal Council 

E. Secretam-Treasurer 

The Secretary-Treasurer hall have the following duties: 

1) The Secretary-Treasurer shall monitor the maintenance of the book of minutes of 

all meetings and actions of the Commission, which shall be maintained at the 

Commission's main office. This shall include the time and place of meetings, 

whether regular 01- special, and if special, how authorized, the notice given, and 

the names of those present at such meetings. The Secretary-Treasurer shall give, 

or cause to be giv(:n, notice of all meetings of the Commission required by this 

Regulation to be given. The Secretary-Treasurer shall keep the seal, if any, of the 

Commission in saife custody. 

2) The Secretary-Treasurer shall monitor the fiscal activities of the bookkeeper 

andlor accountant retained by the Commission to maintain the financial records of 

the Commission. 

F. Vacancies 

A vacancy in any office dbe to death, resignation, removal, disqualification, or any other 

cause shall be filled by the Comnjlission within thirty (30) days of the appointment of the 

replacement Commissioner by the Tribal Council, and the Commission may at such time 

reassign as many Commissioners as necessary to new offices. 

VI. Executive Director 

At its discretion, but subject to budgetary approval by the Tribal Council, the Gaming 

Commission may hire an Executi've Director. If the Gaming Commission chooses to hire an 

Executive Director, this Section WI shall apply. If the Gaming Commission chooses to not hire 

an Executive Director, this Sectidn VI will not apply; in addition, any provision in this 

Regulation that refers to "ExecutiVe Director" shall continue in full force and effect as if the 

words "Executive Director" were not included in that provision. 

A. Powers and Duties 

The Executive Director sh/all be responsible for the day-to-day management of the afiirs 

of the Commission as well as ovejrseeing the establishment and operation of all gaining activities 

for compliance with the Compactiand all applicable Federal, State and Tribal gaming laws and 

regulations. In addition. the Exedutive Director shall perform such duties as may be delegated by 

resolution of the Conilnission from time to time. 
Issued April 10. 2000 and 

Amended Oct. 30. 2001 by Gaming Committee 

Amended May 28,2003 by Tribal Council 

B. Position 

The Executive Director shall be hired by the Commission and report directly and only to 

the Commission. The Executive Director may be terminated for cause by majority vote of the 

Commission. 

C. Oualifications 

1) The Executive Director must be at least twenty-five (25) years of age, a U.S. citizen, 

and have experiedce in gaming management or gaming regulation. 

2) A detailed backgr~und investigation shall be conducted on the Executive Director 

before his or her hiring. 

3) Any person who bas been convicted of, or is currently being prosecuted for, a 

felony or a crime c)f moral turpitude, including, but not limited to, fraud, theft, and 

embezzlement, is not eligible to serve as Executive Director. 

D. Compensation 

The Executive Director's (;hall be compensated in accordance with the terms of his or her 

employment. Colnpensation shall not be based, in whole or in part, on the protitability of the 

gaming operation. Compensatiorp shall be paid out of the Commission's annual budget. 

E. Protections Against Confliicts of Interests 

The restrictions imposed dm Commissioners under Subsection 1II.H of this Regulation 

shall apply equally to the Executive Director. 

The Executive Director skiall make at least monthly reports to the Commission within 

thirty (30) days after the close of ihe month for which the information is being provided. The 

report shall. at a minimum, include a full and complete statement of auditing activities, expenses 

and all other financial transaction$ of the Executive Director, and su~nrnary of all licensing and 

entorcement actions. 
Issued .4pnl 10, 2000 and 

.Amended Oct. 30. 2001 by Gaming Cornnuttee 

Amended May 28,2003 by Tribal Council 

VII. Confidentialitv 

Each Commissioner, the Executive Director and any staff employed by the Commission 

shall be required to sizn a confidentiality agreement and will be responsible for ensuring the 

strictest standards of confidentia1,ity with respect to all information concerning the gaming 

operation or the Commission's blusiness. All information provided to or obtained by the 

Commission, the Executive Direlctor or any staff employed by the Commission in performance of 

their duties shall be kept confidehtial and shall not be disclosed to any person or organization 

without the written consent of th~ Gaming Commission. The Commission and the Executive 

Director may refuse to reveal in any court proceeding, the identity of any infonnant and/or the 

information obtained from the in'formant. 

VIII. Budnet 

At least ninety (90) days prior to the end of each fiscal year, the Commission shall 

prepare a budget for the next year's operation and shall submit the budget to the Tribal Council. 

In preparing the annual budget. all1 actual and anticipated surplus funds of the Commission shall 

be taken into accoynt. The Comjnission shall add to this annual budget an additional ten percent 

( 10%) of the annual budget to sefve as a contingency fund to cover costs in the event of an 

emergency or unforeseen event. 'The Tribal Council shall adopt, amend or replace the annual 

budget and, based thereon, shall authorize the transfer of the annual capital it may need for 

operation and program purposes. Expenditures by the Commission shall be in accordance with 

the approved annual budget, excdpt that the Commission may deviate from the terms of the 

adopted budget by a margin of nat more than ten percent (1 0%) during the budget year without 

further approval of the Tribal Corincil so long as the contingency fund is sufficient to cover this 

deviation. 

IX. Review 

A. Executive Director's Deciljions 

Any person or entity adversely affected by a decision of the Executive Director, including 

but not limited to the gaming opefation or any employee thereof, may petition the Commission 

for review of such decision withirh thirty (30) days after receiving notice of the decision. Said 

decision shall only be reversed b$ a majority vote of the Co~nmission at a duly held meeting at 

which such matter has been placed on the agenda at least fifteen (15) days prior to such meeting. 

B. Commission's Decisions 

Any person or entity adveisely affected by a decision of the Commission, other than a 

licensing decision, including but not limited to the gaming operation or any employee thereof, 

12 
Issued April 10. 2000 and 

Amended Oct. 30. 200 1 by Gaming Comnutter 

Amended May 28. 2003 by Tribal Cou~icil 

may petition the Tribal Council fix review of such decision within thirty (30) days after receiving 

notice of the decision. Said deci$ion shall only be reversed by a majority vote of the Tribal 

Council at a duly held meeting at which such matter has been placed on the agenda at least 

fifteen ( 15) days prior to such meietin,o. Licensing decisions of the Commission are reviewable 

only in accordance with Gaming Regulation 002, Licensing Requirements and Procedures. 

C. Tribal Council Decisions 

The decisions of the Tribdl Council shall be final and binding upon the petitioner, 

Executive Director or Commissian and shall not be subject to judicial review, dispute resolution 

or other legal action. 

Soverei.cn Immunity 

As an agency of the Tribe's government, the Commission shall enjoy the full benefits of 

the Tribe's sovereign immunity, alnd any and all attributes of sovereignty enjoyed by the Tribe's 

government. The Commission has no authority to waive the Tribe's sovereign immunity. 

XI. Indemnification 

The Tribal Council shall indemnify any Commissioner or Officer or former 

Commissioner or Officer of the Ciommission, against expenses actually and reasonably incurred 

in connection with the defense of ,any action, suit or proceeding, civil or criminal, in which that 

individual is made a party by reason of being or having been such a Commissioner or Officer, 

except in relation to matters as to 'which the Commissioner or Officer or fonner Commissioner or 

Officer of the Commission shall be adjudged in such action, suit or proceeding to be liable for 

gross negligence, fraud or willfbl lnisconduct in the performance of duty to the Commission or 

Tribe. 

XII. Severability 

If any provision of this Re$ulation shall in the future be declared invalid by a court of 

competent jurisdiction, the invalid provision or provisions shall be severed and the remaining 

provisions shall continue in full fdrce and effect. 

XIII. Amendment of Reculation 

This Regulation may be adended or repealed by a majority vote of the entire Tribal 

Council. 
Issued April 10,2000 and 

Amended Oct. 30,200 1 by Gaming Conlmittee 

.4mended May 18, 2003 by Tribal Council 

XIV. Effecttve Date 

This Regulation is effective April 10, 2000 and any amendments thereafter shall take 

effect immediately upon adoptio'n by a majority vote of the Gaming Committee before June 17, 

2002 or by a majority vote of tha Tribal Council after June 16, 2002. 

CERTIFICATION 

We, the undersigned official of the La Jolla Tribal Council, do hereby certify this Regulation was 

ratified and adopted on the 28th day of May, 2003, at a duly called meeting of the Tribal Council, 

by a vote of 3 in favor. 0 against, and 1 abstaining, and that this Regulation has not since been 

amended or rescindel. 

Musick, Vice Chairman 

Larriann Musick, Treasurer 

~rh@ee w - ~@on.'~ouncil Member 
Isrued October I 6. 2110 l 

.Amended April 9. 7OU7 

~III~ Ju~ic 13. 2003 

I,a Jolla Band of Luisefio Indians 

Gaming Regulation 004 

Technical Standards for Gaming Devices and Redemption Kiosks 

I. Purpose 

This Regulation describas the technical standards applicable to gaming devices and 

redemption kiosks used in connbction with any class I1 or class I11 gaming facilities operated on 

the La Jolla Reservation pursuar1,t to the Gaming Ordinance of the La Jolla Band of Luisefio 

Indians (the "Tribe"). The purpase of these technical standards is to ensure that such gaming 

devices and redemption kiosks dre fair, secure, and able to be audited and operated correctly. 

This Regulation is adopted in accordance with Section 8.1.14 of the gaming compact between the 

Tribe and the State of California (the "Compact"), which requires the Tribe to adopt technical 

standards for gaming devices that are no less stringent than those standards approved by a 

recognized gaming testing laboratory in the gaming industry. 

This Regulation supplem(:nts the provisions of the Tribe's Gaming Ordinance. the Indian 

Gaming Regulatory Act (25 U.S.C. 5 3701 et seq.) and its regulations (25 C.F.R. § 500 et seq.) 

("IGRA"), and the Compact. In tlhe event of a conflict or inconsistency between this Regulation 

and the provisions of the Gamind Ordinance, IGRA or the Compact, the provisions of the 

Gaming Ordinance, IGRA or therCompact prevail to the extent of the conflict or inconsistency. 

Unless specified otherwise, terms used herein shall have the same meaning as in the Gaming 

Ordinance or the Compact, includling, but not limited to, the term "gaming device" as defined in 

Section 2.6 of the Compact. 

111. Applicable Standards 

A. As the regular technical standards for gaming devices and redemption kiosks. the 

Tribe hereby adopls, and incorporates in this Regulation by reference. the 

following technicall standards produced by Gaming Laboratories International. Inc. 

("GLI"): 

1. GLI-11: Gdming Devices in Casinos, Version 1.3, released November 10, 

2000. as adended from time to time; 

2. GLI-12: Pr4)gressive Gaming Devices in Casinos, Version 1.1. I-elcased 

March 17. 2.000. as amended froin time to time; 
Issued Octvber 16. 2001 

.41ncnded April 9, 2002 

:~nd June 13, 2003 

3. GLI-13: On-line Monitoring and Control Systems. Version 1.1, released 

February 20,200 1, as amended from time to time; and 

4. GLI-20: Redemption Kiosks, Version 1.2, released February 20,2003, as 

amended from time to time 

B. As special technlcal standards for gaming devices that have been recently 

introduced to tha market and therefore not yet certified by GLI as meeting its 

technical standadds, the Tribe hereby adopts, and incorporates in this Regulation 

by reference. the Technical Standards for Gaming Devices set out in Regulation 

14 of the Nevada Gaming Commission and State Gaming Control Board. 

C. A copy of the ab~~vementioned standards is on file at the tribal administration 

offices and the offices of the La Jolla Gaming Commission, available for 

inspection by tribal members and other interested persons upon reasonable notice. 

IV. General 

Any manufacturer, distributor, or supplier of gaming devices or redemption kiosks shall 

be required to comply with all ptovisions of this Regulation prior to putting any of their gaming 

devices or redemption kiosks in 'use at any gaming facility on the La Jolla Reservation. Every 

gaming device or redemption kiq~sk, including hardware and software, for use on the La Jolla 

Reservation must be tested and dertified by an independent gaming testing laboratory to comply 

with the abovementioned standaj-ds. Every modification to the hardware or software of any 

previously certified gaming device or redemption kiosk must be submitted for testing and 

certified by the testing laboratory prior to installation. 

V. Compliance 

Without limiting the genqrality of the La Jolla Gaming Commission's powers and duties, 

as set out in Section 1II.B of Gading Regulation 003, the La Jolla Gaming Commission shall 

monitor the installation, repair, nliodification, and operation of gaming devices and redemption 

kiosks to ensure compliance with this Regulation and take appropriate enforcement action for 

violations of this Regulation. 

CERTIFICATION 

Secretary of the La Jolla Gaming Committee, do hereby certify that this 

and addpted at a duly called La Jolla Gaming Coinmittee meeting held 
Issued October 16. 200 1 

Alnendrd April 0. 2002 

and June 13, 7003 

on October 16,200 1, by a vote of 7 in favor, 0 opposed and 0 abstaining, amended at a duly 

called Gaming Committee meeting held on April 9,2002, by a vote of 7 in favor, 0 opposed and 

0 abstaining, and further amended at a duly called Gaming Committee meeting held on June 13, 

2003, by a vote of 4 in favor, 0 opposed and 2 abstaining, and that said Regulation has not been 

otherwise amended or rescinded in any way. 4 

CgLj V, +m-j 

Date (5.~+> ' 
. Issued October 1fi2001 

L$ Jolla Band of Mission Indians 

Gaming Regulation 005 

Internal Control Standards 

This Regulation describes the internal control standards applicable to any class 11 or class 

111 gaming operations on the La Jblla Reservation. The purposes of these standards are to erlsure 

the integrity of such gaming operations and to safeguard this source of tribal revenues. This 

Regulation is adopted in accordace with 25 C.F.R. $ 542.3(a) which requires the Tribe to adopt 

internal control standards that are no less stringent than those standards set forth in 25 C.I. .K. 

Part 542. 

11. Interpretation 

This Regulation supplemefits the provisions of the Tribe's Gaming Ordinance, the Indian 

Gaming Regulatory Act (25 u.s.~:. 4 2701 et seq.) and its regulations (25 C.F.R. $ 500 et sey.) 

("IGRA"), and the gaming compakt between the Tribe and the State of California (the 

"Compact"). In the event of a cohflict or inconsistency between this Regulation and the 

provisions of the Gaming Ordinanbe, IGRA or the Compact, the provisions of the Gaming 

Ordinance, IGRA or the Compact: prevail to the extent of the conflict or inconsistency. Unless 

specified otherwise, terms used hdrein shall have the same meaning as in the Gaming Ordinance, 

IGRA, or the Compact. 

111. A~~licable Standards 

The Tribe hereby adopts, md incorporates in this Regulation by reference, the minimum 

internal control standards promulaated by the National Indian Gaming Commission ("NIGC") as 

25 C.F.R. Part 542, as amended &rn time to time. A copy of these standards is on file at the 

tribal administration ofices and thb offices of the La Jolla Gaming Commission, available for 

inspection by tribal members and dther interested persons upon reasonable notice. 

IV. Com~liance 

Without limiting the generglity of the La Jolla Gaming Commission's powers and duties, 

as set out in Section 1II.B of Gar&g Regulation 003, the La Jolla Gaming Commission shall 

monitor class I1 and class 111 gdg operations to ensure compliance with this Regulation and 

take appropriate enforcement actidn for violations of this Regulation. 
lssued October 16,2001 

by reference, the Technical Standards for Gaming Devices set out in Regulation 

14 of the Netada Gaming Commission and State Galling Control Board. 

A cofly of the abovementioned standards is on file at the tribal 

administratioh offices and the offices of the La Jolla Gaming Commission, 

available for inspection by tribal members and other interested persons upon 

reasonable natice. 

IV. General 

Any manufacturer, distributor, or supplier of garning devices shall be required to comply 

with all provisions of this Rekulation prior to putting any of their gaming devices in play at any 

gaming facility on the La ~olla Reservation. Every gaming device, including hardware and 

software, for use on the La JbUa Reservation must be tested and certified by an independent 

gaming testing laboratory to comply with the abovementioned standards. Every modification to 

the hardware or soflware of [my previously certified gaming device must be submitted for testing 

and certified by the testing Labratory prior to installation. 

Without limiting the qenerality of the La Jolla Gaming Commission's powers and duties, 

2 - as set out in Section II1.B of Gaming Regulation 003, the La Jolla Gaming Commission shall 

monitor the installation, repdr, modification, and operation of gaming devices to ensure 

compliance with this ~egulatlon and take appropriate enforcement action for violations of this 

Regulation 

CERTIFICATION 

1,Doris Magante ,~~Se~retaryoftheLaJollaGamingCommittee,doherebycertif)that 

this Regulation was reviewedland adopted at a Gamin Committee meeting held on October 16, 

2001,byavoteof infa*or,- O opposed and - % abstaining, and that said Regulation 

has not been amended or reschded in any way. 

- 

Date 

Gaming Committee Secretary 
6 

Issuud June 13, 2003 

L.a Jolla Band of Luiseiio Indians 

Gaming Regulation 006 

Garnilig Facility Building and Safety Codes 

I. Purpose 

This Regulation describes building and safety codes applicable to any gaming facility of 

the La Jolla Band of Luiseiio ~ndians (the "Tribe") constructed after May 5,2000 and to all 

expansions or modifications to any building constructed prior to May 5,2000 that is used as a 

gaming facility after May 5,2000. The purpose of this Regulation is to provide for the protection 

of the public health, safety and welfare by regulating the construction, alteration and repair of 

gaming facilities located on the La Jolla Indian Reservation. This Regulation is adopted in 

accordance with Section 6.4.2 of the gaming compact between the Tribe and the State of 

California (the "Compact"), whith requires the Tribe to enact building and safety codes that meet 

the standards of either the buildiilg and safety codes of the county within which the Tribe's 

gaming facility is located or the lJniform Building Code. 

11. Internretation 

This Regulation supplem4:nts the provisions of the Tribe's Gaming Ordinance, the Indian 

Gaming Regulatory Act (25 U.S.12. 5 270 1 et seq.) and its regulations (25 C.F.R. 500 et seq. ) 

("IGRA"), and the Compact. In Ihe event of a conflict or inconsistency between this Regulation 

and the provisions of the Gaming Ordinance, IGRA or the Compact, the provisions of the 

Gaming Ordinance, IGRA or the Compact prevail to the extent of the conflict or inconsistency. 

Unless specified othenvise, termd used herein shall have the same meaning as in the Gaming 

Ordinance or the Compact, including, but not limited to, the term "gaming facility" as defined in 

Section 2.8 of the Compact. 

111. Applicabilitv 

Nothing in this Regulation shall be construed to apply to any building construction, 

alteration or repair other than with respect to gaming facilities on the La Jolla Indian Reservation. 

IV. Adoption of the Unifonn Buildine Code 

A. There is hereby ad{)pted by reference by the Tribe those certain codes identitied as 

the Unifonn ~uildln~ Codes, including the Unifonn Building Code, 1997 Edition, 

Volumes 1, 2, and 3 ("UBC"), and including the Uniform Fire Code, 1997 

Edition, Unifonn qlumbing Code, 1997 Edition, National Electrical Code, 1996 

Edition, and ~nifoh Mechanical Code, 1997 Edition, as identified in Section 

6.4.2(b) of the ~on~~act, save and except such portions as are hereinafter 

amended, deleted, or added. 
issued June 13, 2003 

B. One ( 1 ) copy of the UBC has been and is now on file at the tribal administration 

offices and is opdn for inspection by tribal members, their contractors. and 

contractors hired [by the Tribe. 

IV. Deletions, Revisions. anc/Udditions to the Uniform Building Code 

Chapter 1, Administration, of the UBC is modified as follows: 

A. "Section 104.1 - Clreation of Enforcement Agency" is deleted in its entirety and 

replaced by the following: 

Section 1 OX 1 - C~reation of En forcenzent Agency 

There is hereby established an agency of the Tribe known as the Garning 

Facility Building rznd Safety Agency. A Tribal Building Official shall head 

said Bzlilding and Safey Agency and shall report to the Gaming Committee 

on a regular basij. The Tribal Brrilding OfJicial ma,v work on a $111-time, 

part-time, or consi!lltant basis as the Gaming Committee shall determine. 

Candidates for th8' position must be q~ral~Jied asa "Certrfied Building 

OfSi'cial" under- th4? reqzrirenzents ofthe Interpational Codes 

Coz~ncil/Council qfAmerican Building Officials, must have a miniml~m of 

ntro year-s experience as a b~lilciing official tt'ith a governrrlental entip, arid 

mrrst submit to the Gaming Committee, on an annzral basis, a report 

irzdicatirzgpi-oof oJrcompliance with all applicable tribal requirements for 

coiltintring edz~cation. The Tribal Bzlilding Official is responsible for 

inrplernenting all procecltli-es and requirements of the Tribe's Gamirzg 

Regz~lation 006, Gaming Faciliry Building and Safety Codes. Credentials 

of e.lrpe1.t~ pr.ovidirlg other- services to the Building and Safety Agency sltall 

incltrde certijicatidln in their primary job jirnctions by the Inter-national 

Cozlrrcil of Bzrildinlp Officials or eqzlivalerit certijicafion recognition, and 

proof'oj'ongoing c~ompliance with all contirizring edz~cation I-equir-ernents oj' 

the Tribe jot- their position. 

B. "Section 105 - Board of Appeals" is deleted in its entirety and replaced by the 

following: 

Sectiort 105 - Credtion of Board of Appeals 

111 or.der- to hear- artd decide appeals of ot.der.s, decisions oi* determitintions made 

bj* the Tiaibal ~zrildirrg Official relative to the application a17d intelpr-etatiorl of t/lc 

Tribe's Gaming Rep~lation 006, Gaming Facilih7 Building and Sqfeg! Codes, 

there is hereby crelzted a board of appeals collsisting of' three (3) T/.ihal Membcrtr 
uppointed bj. the Ti.ibal Council. Anv person ujfected by an oi-&I*, &cisio/? ordeterminatiorz mock b~ the Tribal Building Official 1-elative to the npplicntiort uncl 

interpretation of lthe Tribe's Gaming Regzllutiolt 006, Canzing Fc~cilitv Brriltiing 

and Safin Codes, shall have the right to file mz appeal ~cith the bonld of appeals. 

;111 sl~ch appeals rnlrst be submitted in cvriting \t.ithin Jifteen (I 5) days after. the 

date ofslrch orde,., decisiort or determination. ..lppellants shall be alloucti to 

pr-esent evidence in their clefense in a heai.ing before tlze board of appeals. The 

board of appeals sltall render its Jinal decision, iit t~*t*iting. ~~~ithiltfifteell (13) ck11.s 

of the date of srrcit hearing. 

Thepr.ocess described in this Section 20-7 is krithin tlze e.~clusive jurisdictio~t of 

the tribal goverrtuhent and its agencies and officet-s and is the sole recorrrse for 

atz-vpersoiz opposiirzg any 01-der, decisiolz or determination of the Tribal Building 

OfJicial. 

C. The following pravision is added to the end of "Section 109 - Certificate of 

Occupancy": 

Sectiott 109.7 Contpliunce Review 

Evet.? cert$cate of occupancy shall be reviewed bv the Tribal Buildiitg Officicrl 

eve)?. two (2) years to ensu1.e compliance with the provisions oJ'Gaming 

Regulation 006, Gaming Faciliy Building and Safe? Codes and the t.eqtii/-ements 

of Sections 6.4.2(4) and (d) of the TI-ibal-State Gaming Compact. Ifthe Tribal 

Bl~ildirtg OfJicialJ'irzds thal the btrilding or stt-rrctzrre 01-portion thereof is in 

~~iolc~tiol~ of any trfbal ordinance or regtrlation orprovisiorts of this Code. thc 

Tribal Bllilding O~rficial is herebv authorized to strspelzd or revolce such certvicate 

of occz~parrc~v litrtil szich titne as the bliildirzg or- str.1lctul.c or.portiori ther.cof is 

brotrght illto compliance. 

VI. Compliance 

Without limiting the generality of the La Jolla Gaming Cointnission's powers and duties, 

as set out in Section 1II.B of Gamiing Regulation 003, the La Jolla Gaming Commission shall 

inonitor the construction, alteration and repair of gaming facilities to ensure compliance with this 

Regulation and take appropriate dnforcement action for violations of this Regulation. 

VI. Effective Date 

This Regulation shall take effect iininediately upon its approval by the Gaming 

Committee, and such approval shdlll be deemed retroactive to June 4, 2000. 
Issued June 13. 2003 

CERTIFICATION 

I, f& &;F,$L . as Secretory of the La Jolla Gaming Committee, do hereby certify that this 

Regulati n was reviewed and adbpted at a Gaming Committee meeting held on June 13, 2003, by 

a vote of 4 in favor, 0 opposed aild 2 abstaining, and that said Regulation has not been otherwise 

amended or rescinded in any way. 7 
1j.iuecl June 13. 2003 

L.a Jolla Band of Luiseiio Indians 

Gaming Regulation 007 

Off-Reservation Environmental Impacts 

Purpose 

This Regulation describers the environmental review procedure applicable to any gaming 

project of the La Jolla Band of Luiseiio Indians (the "Tribe") commenced on or after May 5, 

2000. The purposes of this Regulation are to provide for the protection of the environment and 

to encourage a cooperative working relationship between the Tribe and the off-reservation 

community, while recognizing the Tribe's legitimate governlnental interests. This Regulation is 

adopted in accordance with Section 10.8. i of the gaming compact between the Tribe and the 

State of California (the "Compadt"), which requires the Tribe to enact a tribal law providing for 

the preparation, circulation and aonsideration by the Tribe of environmental analysis reports 

concerning potential off-reservatiion impacts of its gaming projects. 

11. Interpretation 

This Rezulation supp1em~:nts the provisions of the Tribe's Gaming Ordinance, the Indian 

Gaming Regulatory Act (25 U.S.G. 5 2701 et seq.) and its regulations (25 C.F.R. 5 500 et seq.) 

("IGRA"), and the Compact. In the event of a conflict or inconsistency between this Regulation 

and the provisions of the Gaming Ordinance. IGRA or the Compact, the provisions of the 

Gaming Ordinance, IGRA or the Compact prevail to the extent of the conflict or inconsistency. 

Unless specified otherwise, terms used herein shall have the same meaning as in the Gaming 

Ordinance or the Compact. In this Regulation: 

A. "Environment" means the physical conditions which exist within the offreservation area which will be affected by a proposed project, including land, air, 

water, minerals. flora, fauna, noise, traffic and objects of historic or aesthetic 

significance. 

B. "Environmental Aj~alysis" means any environmental assessment, environmental 

impact report or similar environmental study prepared in connection with a 

project. 

C. "Feasible" means dapable of being accolnplished in a successhl manner within a 

reasonable period d)f time, taking into account economic, environmental, social 

and technological factors. 

D. "Gaming Facility" hneans any building in which Class 111 gaming activities or 

gaming operations loccur, or in which the business records, receipts, or other funds 

of the gaming operlition are maintained (but excluding offsite facilities pritnarily 

dedicated to storage of those records, and financial institutions). and all rooms, 
Issued June 13. 2003 

buildings and apeas. including parking lots and walkways, a principal purpose of 

~vh~ch is to sema the activities of the gaming operation. 

E. "Mitigation" includes: 

1. Avoiding the impact altogether by not taking a certain action or parts of an 

action; 

3. Minimizing impacts by limiting the degree or magnitude of the action and 

its implefientation; 

3. Rectifying the impact by repairing, rehabilitating, or restoring the affected 

environment: 

4. Reducing or eliminating the impact over time by preservation and 

maintenaflce operations during the life of the action; and/or 

5. Cornpensalting for the impact by replacing or providing substitute 

resources or environments. 

F. "Off-reservation" means the surrounding area around the La Jolla Indian 

Reservation or such other area as the Tribal Council deems appropriate in its sole 

discretion considsring the proposed project and the topography, demographics, 

quality of the environment and other environmental conditions outside the 

boundaries of the La Jolla Indian Reservation. 

G. "Project" means tl~e commencement on or after May 5, 2000, of any expansion or 

any significant reriovation or modification of any existing gaming facility, as 

defined below, or any significant excavation. construction, or development 

associated with thie existing gaming facility or proposed gaming facility. 

H. "Reservation" melins all land, air, and water located within the exterior 

boundaries of the La Jolla Indian Reservation. 

I. "Significant off-raservation environmental impact" means a substantial. or 

potentially substarl~tial adverse change in the off-reservation environment, as 

defined in this Regulation. 

111. Applicability 

Xothing in this Regulatiofi shall be construed to apply to any develop~nent project other 

than the development of gaming facilities on the La Jolla lndian Reservation. 

IV. Environmental Analysis 

A. Prior to the comm&ncement of any proposed project for which a negative 

declaration is not prepared, the Tribal Council shall prepare or cause to be 
IJSUCC! June 1-7. 101); 

prepared an environmental analysis of the project. The environmental analysis 

shall be prepared by persons qualified by training, education, or experience to 

make the analyses and determinations required hereunder. 

B. The environmenlal analysis shall include, at minimum: 

1. a description of the proposed project; 

. 

7 a description of the environment of the off-reservation areas that will or 

may be affected by the proposed project; 

3. a discussiion of the significant adverse environmental impacts of the 

proposed project, including but not limited to significant adverse offreservation environmental impacts, if any; and 

4, an identification and discussion of proposed mitigation measures to lessen 

or avoid any significant adverse environmental impacts of the proposed 

project off-resenation. 

V. Public Notice and Comqent Period; Public Meetinq 

A.. Upon completion of the environmental analysis, the Tribal Council shall cause to 

be published for three (3) consecutive days in a newspaper of general circulation 

in the area potenti~slly impacted by the proposed project a public notice including 

the following: 

1. a description of the proposed project, including its location; 

. 

7 information as to how and where members of the public can obtain copies 

of the envil-onmental analysis; 

3. the period during which comments will be received on the draft 

environmej~tal analysis and where to send any such comments; and 

4. the date, time and place of any public meetings on the proposed project. 

B. Concurrently with ithe publication of the public notice described in subsection A 

above, the Tribal Council shall provide the same notice and a copy of the draft 

environmental analysis to the State Clearinghouse in the Office of Planning and 

Research; and to the Board of Supervisors for San Diego County. 

C. The notice to the Bioard of Supervisors shall also state that, upon request, the 

Tribal Council will meet with the Board to discuss the mitigation of significant 

adverse off-reservakion environmental impacts provided that such request shall be 

made within thirty (30 ) days after receipt of the notice. 

D. The Tribal Council shall be available to meet with and provide an opportunity for 

comment by those inembers of the public residing off-Reservation within the 
Issued June 13, 2(iO3 

vicinity of the galming facility such as might be adversely affected by the proposed 

project. 

E. The Tribal Council shall give due consideration to comments received. However, 

the determinatio~l of whether to proceed with the proposed project as designed or 

with any mitigatjon measures shall lie solely Lvith the Tribal Council. 

VI. Decision to Proceed wit11 Proiect: Appropriate Mitigation 

A. Following completion of the process described in Sections IV through V above, 

the Tribal Counciil shall determine whether and to what extent mitigation 

measures are necessary or appropriate with respect to signiticant adverse offreservation environmental impacts, if any. 

B. During the development of a project, the Tribal Council shall: 

( 1 ) make good faith efforts to mitigate significant adverse off-reservation 

environmental impacts, if any; and 

(2) keep the Goard of Supervisors and potentially affected members of the 

public informed of the progress of the project. 

C. In making the determination under subsection A above, in the event that specific 

economic. social, or other considerations make infeasible such mitigation 

measures, the Tribal Council may proceed with the proposed project in spite of 

the existence of om~e or more significant adverse off-reservation environmental 

impacts. 

VII. Effective Date 

This Regulation shall taka effect immediately upon its approval by the Gaming 

Committee, and such approval sh~sll be deemed retroactive to May 5, 2000. 

CERTIFICATION 

- 

,I, I, L . c/- as Secretary of the La Jolla Gaming Committee, do hereby certify that this 

Regulation was reviewed and adopted at a Gaming Committee meeting held on June 13. 2003, by 

a vote of 4 in favor, 0 opposed andi 2 abstaining, and that said Regulation has not been otherwise 7 amended or rescinded in any way. I I 

I ' 

'd, 7, / 

\ i / 'cuL 

Gaming ~om~kttee 'secretary I. 
Issued June I!. 'OO? 

L.a Jolla Band of Luiseiio Indians 

Gaming Regulation 008 

I\IIinimum Standards Concerning 

Public and Workplace Health and Safety 

I. Pumose 

This Regulation establi5hes certain minimum standards applicable to any class I1 or class 

I11 gaming operations and gamirig facilities on the La Jolla Indian Reservation. The purposes of 

these standards are to protect thd: health and safety of patrons and employees of the Tribe's 

gaming operations and gaming hcilities. This Regulation is adopted in accordance with 

Subsections 10.2(a), (b), (e) and (0 of the gaming compact between the Tribe and the State of 

California ("Compact"), which require the Tribe to adopt and comply with certain standards 

concerning public and workplaci? health and safety that are no less stringent than federal and/or 

state standards. 

11. Interpretation 

This Regulation supplements the provisjons of the Tribe's Gaming Ordinance, the Indian 

Gaming Regulatory Act (25 U.S.C. § 2701 et seq.) and its regulations (25 C.F.R. $ 500 er seq.) 

("IGRA"), and the Compact. In the event of a conflict or inconsistency between this Regulation 

and the provisions of the Gaming Ordinance, IGRA or the Compact, the provisions of the 

Gaming Ordinance, IGRA or the Compact prevail to the extent of the conflict or inconsistency. 

Unless specified otherwise, terns used herein shall have the same meaning as in the Gaming 

Ordinance, IGRA. or the Compact, including, but not limited to the terms "gaming facility" and 

"gaming operation" as defined iri Sections 2.8 and 2.9 of the Compact. 

111. Food and Bevera~e Hand.ling Standards 

The garning operation shull comply with all applicable state public health standards for 

food and beverage handling. Thl= gaming operation will allow inspection of food and beverage 

services by state or county health inspectors, during normal hours of operation, to assess 

compliance with these standardsi unless inspections are routinely made by an agency of the 

United States Government to en$ure compliance with equivalent standards of the United States 

Health Service. Nothing herein shall be construed as submission of the Tribe to the jurisdiction 

of those state or county health inspectors, but any alleged violations of the standards shall be 

treated as alleged violations of the Compact. 

The gaming operation shbll comply with federal standards for water quality and safe 

drinking water standards as applicable in California. The gaming operation shall allow for 

inspection and testing of water qiuality by state or county health inspectors, as applicable, during 
Issued June 13. 2003 

normal hours of operation. to assess compliance with these standards, unless inspections and 

testing are made by an agency o'f the United States Government pursuant to, or by the Tribe 

under express authorization of, federal law, to ensure compliance with federal water quality and 

safe drinking water standards. Nothing herein shall be construed as submission of the Tribe to 

the jurisdiction of those state or county health inspectors, but any alleged \,iolations of the 

standards shall be treated as alleged violations of the Compact. 

V. Workplace and Occupati,onal Health and Safetv Standards 

The gaming operation shall comply with all applicable federal workplace and 

occupational health and safety standards. The gaming operation will allow for inspection of 

gaming facilities by state inspectlors, during normal hours of operation, to assess compliance with 

these standards, unless inspectio~~s are routinely made by an agency of the United States 

Government to ensure complian4:e with federal workplace and occupational health and safety 

standards. Nothing herein shall be construed as submission of the Tribe to the jurisdiction of 

those state inspectors, but any alleged violations of the standards shall be treated as alleged 

violations of the Compact. 

VI. Public Health and Safetv ,Standards 

The gaining operation shad1 comply with all applicable tribal and federal laws regarding 

public health and safety. 

VII. Prohibition Concerning Alcoholic Beverages 

If the Tribe permits the cdnsumption of alcoholic beverages in a gaming facility. no 

person under the age of twenty-otle (2 1) years shall be permitted to be present in any area in 

which class I1 or class I11 gaming activities are being conducted and in which alcoholic beverages 

may be consumed. to the extent required by the state Department of Alcoholic Beverage Control. 

No person under the age of eightden (1 8) years shall be permitted to be present in any room in 

which class I1 or class 111 gaming,activities are being conducted unless the person is en-route to a 

non-gaming area of the gaming fdcility. 

VIII. Prohibition Concerning Filrearrns 

Possession of tireanns shall be prohibited at all times in class I1 and class 111 gaming 

facilities operated under the Tribel's Gaining Ordinance, except for possession of firearms by 

state, local. or tribal security or law enforcement personnel authorized by federal, state or tribal 

law to possess tirearms at the facilities. 
Issued June 13, 7003 

IX. Compliance 

Without limiting the geaerality of the La Jolla Gaming Commission's powers and duties. 

as set out in Section 1II.B of Gaming Regulation 003, the La Jolla Gaming Comlnission may 

monitor the implementation of tihis Regulation by the gaming operation and take appropriate 

enforcement action for violations of this Regulation. 

X. Effective Date 

This Regulation shall take effect immediately upon its approval by the Gaining 

Committee, and such approval shall be deemed retroactive to May 5, 2000. 

CERTIFICATION 

I. h>iI &</c/ , as Secretary of the La Jolla Gaming Committee, do hereby certify that this 

Regulatio was reviewed and adopted at a Gaming Committee meetins held on June 13, 2003, by 

a vote of 4 in favor, 0 opposed ar?ld 2 abstaining, and that said Regulation has not been otherwise 

amended or rescinded in any way. . 

' I 

id 

\< r'llc? , L/ ,L < 

Gaming ~odhmittee ~ecrefhry 
Issued June 13. 2003 

1,a Jolla Band of Luisefio Indians 

Gaming Regulation 009 

Tort Liability for Patron Claims 

I. Purpose 

This Regulation sets forth the terms and conditions under which patrons of the La Jolla 

Band of Luisefio Indians' (the ""Tribe") gaming facility may pursue claims for money damages 

resulting from injuries to person or property occumng at the Tribe's gaming facility or in 

connection with the Tribe's gaming operation. This Regulation is adopted to satisfy the Tribe's 

obligation under Section 10.2(d] of the compact between the Tribe and the State of California 

(the "Compact") to enact tribal law providing for the processing of such patron claims. 

11. Interpretation 

This Regulation supplements the provisions of the Tribe's Gaming Ordinance, the Indian 

Gaming Regulatory Act (25 U.S.C. 5 2701 et seq.) and its regulations (25 C.F.R. 5 500 et seq.) 

("IGRA"), and the gaming compact between the Tribe and the State of California (the 

"Compact"). In the event of a c~~nflict or inconsistency between this Regulation and the 

provisions of the Gaming Ordinance, IGRA or the Compact, the provisions of the Gaming 

Ordinance, IGRA or the Compa4:t prevail to the extent of the conflict or inconsistency. Unless 

specified otherwise, terms used herein shall have the same meaning as in the Gaming Ordinance, 

IGRA, or the Compact, including, but not limited to, the terms "Gaming Facility" and "Gaming 

Operation" defined in Sections 2.8 and 2.9 of the Compact. In this Regulation: 

A. "days" means calcndar days; and 

B. "patron" means ah individual who uses the services offered at the zatning facility 

by the gaming op8:ration; and 

C. "patron clairns" nleans a claim, made by a patron in conformance with the 

procedures set forth in this Regulation, for money damages resulting from 

intentional or negligent injuries to person or property occumng within the gaming 

facility or in connrxtion with the gaming operation. 

111. Scope of Application 

This Regulation applies solely to patron claims. 
IV. Public Liabilitv 1nsuran~:e 

The Tribe shall carry no less than five million dollars (S5,000,000.00) per year in public 

liability insurance for patron claims. At its discretion, the Tribal Council may delegate this 

requirement to the Gaming Ope~ration. 

V. Due Dilicence 

In cooperation with the 6:ompany providing the Tribe with the public liability insurance 

referred to in Section IV of this 'Regulation (the "Insurance Company7'), and subject to the limits 

of the public liability insurance policy, the Tribe shall exercise due diligence to ensure that patron 

claims are promptly and fairly aidjudicated and that legitimate claims are paid. 

VI. Incident Reports 

The Gaming Operation shall implement policies and procedures for recording any 

incidents that may give rise to a patron claim. 

VII. Initial Processin2 of Patgon Claims 

The patron allegedly suffering the injury to person or property must present his or her 

claim, in detail and in writing, uiithin thirty (30) days of the injury, to the Tribal Council. The 

Tribal Council shall promptly fanvard a copy of the patron's claim to the Insurance Company 

and to the gaming operation. Ail1 patron claims must first be handled by the Insurance Company, 

except that the gaming operation has the discretion to resolve patron claims up to the amount of 

the deductible under the Tribe's public liability insurance policy, at its sole discretion and in 

compliance with any requiremerits of the Tribe's public liability insurance policy. A patron may 

request resolution of his or her cilaim directly by the Tribe in accordance with the Process 

outlined in Section IX of this Ragulation only after exhausting the claims processes of the 

Insurance Company and the gaming operation without reaching a settlement of the claim. 

VIII. Sovereicn Immunity 

Except as stated in this Section. the sovereign immunity of the Tribe is in no manner 

waived by this Regulation or by iany action of the Tribal Council or employees of the Tribe acting 

pursuant to this Regulation. In tl~event the Tribal Council grants a request for arbitration in 

accordance with Section IX of this Regulation and the patron is successful in obtaining an 

arbitration award, the Tribe hereby consents to waive its sovereign immunity from suit for the 

limited and sole purpose of enfotcing the arbitration award provided that: 

A. The suit must be brought by the patron allegedly suffering the injury to person or 

property and not by any representative, agent, partner or other entity of or 
Issued June 13. 2003 

connected with the patron, or by any other person, corporation, partnership, or 

entity. 

B. The patron allegeidly suffering the injury to person or property must have folioived 

all claims procedl~res established by the Tribe in this Regulation and by the 

Insurance Company. 

C. The suit must be an action to enforce the arbitration award and the relief sought 

limited to specific: performance. Any waiver granted pursuant to this Section shall 

not be effective a$ to any patrons or other persons seeking monetary damages, 

declaratory relief, injunctive relief andlor any other forms of relief other than such 

specific performance. 

D. The arbitration process and award must be consistent with the rules specified in 

Section 1X.E of this Regulation and the limitations specified in Section 1X.F of 

this Regulation. 

E. The suit must be brought in: 

1. the judicial forum or other dispute resolution system established by the 

Tribe as having adjudicatory jurisdiction over patron claims, or, in the 

absence of any such forum 

. 

7 the Superialr Court for the State of California for the County of San Diego 

in Vista, Cblifornia. 

IX. Dispute Resolution 

A. A patron who exhausts the claims processes of the Insurance Company and the 

galning operation without reaching a settlement of his or her claim may request 

arbitration of his or her claim. The patron allegedly suffering the injury to person 

or property must sobmit a request for arbitration in writing to the Tribal Council. 

The patron's requekt must be accompanied by copies of the patron's initial claim 

and any correspondence between the Insurance Company and the patron and 

between the galllink operation and the patron. The request must be submitted to 

the Tribal Council hithin thirty (30) days from the date on which the patron 

receives the later of the final decisions from the Insurance Company and the 

galning operation. 'Unless otherwise provided for in the tenns of the Tribe's 

public liability insurance policy or the written policies and procedures of the 

gaming operation, dhe Insurance Company or the gaming operation shall be 

deemed to have made a final decision upon confinning in writing its denial of the 

patron's claim or it$ rejection of a settlelnent offer or counteroffer by the patron. 
lisucd June 13. 2003 

B. The Tribal Counclil shall have thirty (30) days to either grant or deny the request 

for arbitration. 1f the Tribal Council fails to grant or deny the request for 

arbitration within thirty (30) days, the request shall be deemed to have been 

denied. The Tribirl Council shall notify the patron in \s.riting of its decision and 

the reasons for its decision by registered inail with return receipt requested. 11\ 

notice of a decision granting a request for arbitration shall include infonnation on 

the negotiation and arbitration process set out below, including the date, time, and 

place for the initid negotiation meeting. 

C. If the Tribal Couflcil grants the patron's request for arbitration, the patron and the 

Tribal Council shdtll first meet and confer in a good faith attempt to resolve the 

dispute through ntgotiation not later than fourteen (1 3) days after the patron 

receives the notice of the Tribal Council's decision to grant the request for 

arbitration, unless both parties agree in writing to an extension of time. 

D. If the dispute is ndlt resolved to the satisfaction of the patron within thirty (30) 

days after the first meeting, the dispute shall be submitted to mandatory binding 

arbitration. 

E. Arbitration shall b~e administered by the American Arbitration Association in 

accordance with it[< Accident Claims Arbitration Rules. Each party shall initially 

pay its own arbitration costs and expenses, but the arbitrator may, in its discretion, 

include such costs and expenses, excluding attorneys fees, as part of the award to 

the prevailing party. 

F. In no event shall an award in an arbitration initiated under this Section exceed the 

limitations of the public liability insurance policy purchased by the Tribe in 

confonnance with lthis Regulation, and an award must be consistent with all other 

tenns and conditio~~s of said insurance policy. 

G. Any award of the arbitrator may be submitted for enforcement to a court of 

competent jurisdiction as specified in Section VI1I.E of this Regulation. In the 

event an action to enforce an arbitration award is pursued, the prevailing party 

shall be entitled to [receive its reasonable attorneys' fees and its costs and expenses 

of litigation. 

XIII. Effective Date 

This Regulation shall take effect immediately upon its approval by the Gaming 

Committee. and such approval shdll be deemed retroactive to April 1,2002. 
Issued June 13, 2003 

CERTIFICATION 

-1 

I, I, 4dG fk , as Secretary of the La Jolla Gaming Committee, do hereby certify that this 

~e~ulatidn was &viewed and adopted at a Gaming Committee meeting held on June 13, 2003, by 

a vote of 4 in favor. 0 opposed and 2 abstaining, and that said Regulation has not been otherwise 

amended or rescinded in any way. ,fl 
L,a Jolla Band of Luiseiio Indians 

Gaming Regulation 010 

Patron Incentives 

I. Purpose 

This Regulation applies t13 class I1 or class I11 gaming operations and gaming facilities on 

the La Jolla Indian Reservation. The purpose of this Regulation is to protect and promote the 

integrity of the La Jolla Band of lLuiseiio Indians' (the "Tribe") gaming operations. This 

Regulation is adopted in accordance with Subsections 10.2(h), (i), and (j) of the gaming compact 

between the Tribe and the State of California ("Compact"), which require certain limitations on 

the services and incentives the gd.ming operation can offer its patrons. 

Interpretation 

This Regulation supplements the provisions of the Tribe's Gaining Ordinance, the Indian 

Gaming Regulatory Act (25 U.S.C. 6 2701 et seq.) and its regulations (25 C.F.R. 500 et seq.) 

("IGRA"), and the Compact. In the event of a conflict or inconsistency between this Regulation 

and the provisions of the Gaming Ordinance, IGRA or the Compact, the provisions of the 

Gaming Ordinance, IGRA or the Compact prevail to the extent of the conflict or inconsistency. 

Unless specified otherwise, terms; used herein shall have the same meaning as in the Gaming 

Ordinance, IGRA, or the Compact. 

111. Check Cashinq 

Pursuant to Subsection 10.2(h) of the Compact, the gaming operation is prohibited fro111 

cashing checks drawn against a faderal, state, county, or city fund, including, but not limited to, 

Social Security, unemployment insurance, disability payments, or public assistance payments. 

Com~limentary Items 

Pursuant to Subsection 10,2(i) of the Compact, the gaming operation is prohibited froin 

providing, allowing, contracting ti$ provide, or arranging to provide alcoholic beverages for no 

charge or a reduced charge as an ittcentive or enticement to patrons. Nothing herein prohibits the 

gaming operation froin providing wther goods and services, including food or lodging, to its 

patrons for no charge or a reduced charge. 

V. Extension of Credit 

Pursuant to Subsection 10.20) of the Compact. the gaming operation is expressly 

prohibited from extending credit to its patrons for gambling purposes. For the purpose of this 

Regulation only, acceptance of a personal check that is deposited within one business day does 

not constitute an extension of credit. 
Issued June 13, 2003 

VI. Compliance 

Without limiting the generality of the La Jolla Gaming Commission's powers and duties. 

as set out in Section 1II.B of Garning Regulation 003, the La Jolla Garning Colnlnission may 

monitor the irnple~nentation of this Regulation by the gaming operation and take appropriate 

enforcement action for violations of this Regulation. 

VII. Effective Date 

This Regulation shall take effect immediately upon its approval by the Gaming 

Committee. and such approval shall be deemed retroactive to May 5, 2000. 

I, %$, L.-C ( , as Secreta.ry of the La Jolla Gaming Committee, do hereby certify that this 

Regulation was reviewed and adopted at a Gaming Committee meeting held on June 13, 2003, by 

a vote of 4 in favor, 0 opposed arld 2 abstaining, and that said Regulation has not been otherwise 

amended or rescinded in any way. r, , 

I? 

A //i 

3, r L' ~l &

DateJ /*w\ Gaming ~odrnittee ~ecredky 
La Jolla Band of Luiseiio Indians 

Gaming Committee Resolution No. 

WHEREAS, The La Jolla Band of Luisefio Indians ("the Tribe") is a federally 

recogniaed American Indian Tribe recognized by the United States 

Secretary of the Interior as having jurisdiction over Indian Lands in 

California which are eligible for gaming under the Indian Gaming 

Regulatary Act (25 U.S .C. Sections 270 1-272 1) ("IGRA"); and 

WHEREAS, The Gen~zral Council is the governing body of the Tribe pursuant to Article 

3 of the Tribe's Constitution, having all the legislative powers and 

responsibilities of the Tribal Government; and 

WHEREAS, The General Council, pursuant to Article 3, Subsection C(8) of the Tribe's 

Constitution, may delegate, by ordinance or resolution, any of its 

enumerated powers and duties to a committee; and 

WHEREAS, The Genti:ral Council, pursuant to Section 20 of the Tribe's Gaming 

Ordinance, duly adopted on December 15, 1999, ("Gaming Ordinance") 

has delegated to the Tribe's Gaming Committee the power and 

responsibility of promulgating such regulations as the Gaming Committee 

deems appropriate to implement the provisions of the Gaming Ordinance; ' 

and 

WHEREAS, The Gendral Council, pursuant to Subsection 2.9 of the Gaming Ordinance 

has charg(:d the Gaming Committee with the establishment of a Gaming 

Cornrnissjon to be responsible for the regulation of gaming on the La Jolla 

Reservation; 

NOW, THEREFORE BE IT REEOLVED: That the Gaming Committee, hereby adopts Gaming 

Regulation 003: Regulations Estlablishing the La Jolla Gaming Commission. 

CERTIFICATION 

I, the Secretary of the La Jolla Bmd of Luisefio Indians Gaming Committee do, hereby, certify 

that the foregoing Resolution walj adopted by the Gaming Committee by a vote of 7 in favor, 0 

opposing, and 0 abstaining, at a duly called meeting on April 10,200hnd such resolution has not 

been rescinded or amended in any way.