October 18, 2016 

VIA FIRST CLASS MAIL 

Marnie Hodahkwen 

Assistant General Counsel 

Salt River Pima-Maricopa Indian Community 

10,005 E. Osborn Rd 

Scottsdale, AZ 85256 

Re: SRPMIC Amendments to Gaming Ordinance No. 15.5-19 

Dear Ms. Hodahkwen: 

Tbis letter responds to your August 8, 2016 request on behalf of the Salt River Pima-Maricopa 

Indian Community for the National Indian Gaming Commission Chairman to review and approve a 

gaming ordinance amendment. This ordinance amends the Salt River Pima-Maricopa Indian 

Community's Code of Ordinances Chapter 15.5, Section 19. 

Ordinance Number SR0-482-2016 makes minor technical corrections to the Community's 

Gaming Ordinance by making language consistent throughout Section 19. 

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

Regulatory Act and NIGC regulations. If you have any questions concerning this letter or the ordinance 

review process, please contact Suzanne Nunn at (202) 632-7013. 

Sincerely, 

() 

onodev 0. Chaudhuri 

Chairman 

cc: Sam Nixon, SRPMTC Community Regulatory Agency Director 

NEW MAltlNG ADDRESS: NIGC/DEPARTMENT OF THE INTERiOR I 849 C Street NW, Mc•il S1op Ii- 1621 'vVoshi119~011, DC '20240 fe l: 202.632.7003 ~nx: 202 63210<>6 

REGIONAL OFFICES Poi tland, OR: . So<1 c:r11-e11I<>, CA; !'hoe!lix, /17.; Sr ~:1ul, fll~·i; Tc lsa , OK; Okloh,>mn City, OK 

WWW NIGC.COV 
SALT RIVER PIMA-MARICOPA 

INDIAN COMMUNITY 

10,005 East Osborn Road 

Scottsdale, Arizona 85256 

ORDINANCE NUMBER: SR0-482-2016 

AN ORDINANCE TO AMEND CHAPTER 15.5 OF TIIE SALT RIVER PIMAMARICOPA INDIAN COMMUNITY CODE OF ORDINANCES BY AMENDING 

SECTION 19 TO ENHANCE THE SAFETY OF GAMING FACILITIES WITHIN THE 

COMMUNITY. 

BE IT ENACTED: 

Chapter 15.S, Section 19 of the Salt River Pima-Maricopa Indian Community Code of Ordinances 

is hereby amended to read as follows: 

Sec. 15.5-19. Questioning and detaining persons suspected of violations. 

(a) The authorized agents of the Community regulatory agency or security personnel of the 

gaming facility ('hereafter "authorities"), may question any person in the gaming facility who 

may be involved in illegal acts or who is suspected of violating any of the provisions of the 

compact or section 15.5-16. None of the authorities is crimiruilly or civilly liable: 

(I) On account of any such questioning; or 

(2) For reporting to the Community regulatory agency, the stat.e gaming agency, Community, 

federal or state regulatory authorities, or law enforcement authorities the identity of the 

persons suspected of the violation. 

(b) Community law enforcement and security personnel of the gaming facility who have probable 

cause for believing that there bas been involvement in illegal acts or a violation of the compact 

or section 15.5-16 in the gaming facility by any person may take that person into custody and 

detain him or her in the gaming facility in a reasonable manner and for a reasonable length of 

time. Such a taking into custody and detention does not render the authorities criminally or 

civilly liable unless it is established by clear and convincing evidence that the taking into 

custody and detention are unreasonable under all the circumstances. 

(c) There must be displayed in a conspicuous place in·the gaming facility a notice in boldface 

type clearly legible and in substantially this form: 

"Agent<; of the Community law enforcement agency and security personnel ofth.e gaming facility 

who have probable cause for believing that any person may be involved in illegal acts or has 

violated any provision of applicable law prohibiting cheating or other gaming offense may detain 

that person in the gaming facility. 11 
C_E_R_T_I_F _l_C_A_T_I_O_N 

This Ordinance is hereby enacted pursuant to the authority contained in Article VII, Section l(k) 

of the Constitution of the Salt River Pima-Maricopa Indian Community ratified by the Tribe, 

February 28, 1990, and approved by the Secretary of the Interior March 19, 1990, and amended 

by the Tribe, February 27, 1996, and approved by the Secretary April 23, 1996, the foregoing 

resolution was adopted this 27'h day of July, 2016 ata duly called meeting held by the Commwrity 

Council in Salt River, Arizona at which a quorum of 9 members were present by a vote of 8 For, 

1 Against, 0 Abstentions and 0 Absent/Excused. 

ATfEST: 

SALT RIVER PIMA-MARICOPA 

INDIAN COMMUNITY COUNCIL 

,.. Approved as to Form by the .., 

Office of the General Counsel 

Mamie Hodahkwen 

July ZO. 20 I 6 

J( ~ t-4/""i.L ~ ~ 
Chapter 15.5

GAMING*

Sec. 15.5-1. Purpose.

Sec. 15.5-2. Definitions.

Sec. 15.5-3. Adoption of compact and subsequent amendments.

Sec. 15.5-4. Authorization.

Sec. 15.5-5. Ownership.

Sec. 15.5-6. Use of revenue.

Sec. 15.5-7. Audit.

Sec. 15.5-8. Protection of environment and public health and safety.

Sec. 15.5-9. Licenses for employee.

Sec. 15.5-10. Licenses for services.

Sec. 15.5-11. Licenses for facilities.

Sec. 15.5-12. Licenses for operators.

Sec. 15.5-13. Licenses for regulators.

Sec. 15.5-14. Community regulatory agency.

Sec. 15.5-15. Compliance with Act.

Sec. 15.5-16. Prohibited acts.

Sec. 15.5-16.1. Financial services in gaming facilities.

Sec. 15.5-16.2. Tort claims process.

Sec. 15.5-17. Penalties.

Sec. 15.5-18. Repeal and severability.

Sec. 15.5-19. Detention and questioning of persons suspected of violations.

Sec. 15.5-20. Trust protection for minor and incompetent beneficiaries receiving IGRA benefits; applicable law; jurisdiction.

Sec. 15.5-21. Reserved.

Sec. 15.5-22. Disclaimer.

Sec. 15.5-23. Granting of security interests.

Sec. 15.5-24. Raffles.

Sec. 15.5-25. Effective date.

*Editor’s note—Ord. No. SRO-449-2014, adopted Aug. 27, 2014, substantially amended ch. 15.5, specifically amending

§§ 15.5-2, 15.5-3, 15.5-7, 15.5-9—15.5-14, 15.5-16, 15.5-16.2, 15.5-23, and adding § 15.5-24, establishing that said amendments take

effect on the first day of the month following approval by the National Indian Gaming Commission.

Supp. No. 1 CD15.5:1

Sec. 15.5-1. Purpose.

It is the purpose of this chapter to govern and

regulate the operation and conduct of all gaming

activities on lands within the jurisdiction of the

Salt River Pima-Maricopa Indian Community in

order to protect the public interest in the integrity

of such gaming activities, to prevent improper or

unlawful conduct in the course of such gaming

activities, and to promote the development of a

balanced tribal economy by dedicating all of the

net revenues from such gaming activities to the

public purposes of the Tribe, including the support of Community government programs which

promote economic development and the health,

education and welfare of the Community and its

members.

(Code 1981, § 15.5-1; Code 2012, § 15.5-1; Ord. No.

SRO-212-96, § 1, 11-8-1995; Ord. No. SRO-219-96,

§ 1, 6-26-1996; Ord. No. SRO-402-2012, § 15.5-1,

5-30-2012)

Sec. 15.5-2. Definitions.

For purposes of this chapter:

Act means the Indian Gaming Regulatory Act,

Pub L 100-497, 25 USC 2701 et seq.

Administrative hearing means a hearing conducted to consider the initial denial, or subsequent conditioning, suspension or revocation of a

gaming employee or gaming services license or to

consider allowing a barred person to return to a

gaming facility and setting conditions for such

return.

Applicant means any person who has applied

for a license under the provisions of this chapter.

Application means a request for the issuance of

a license under the provisions of this chapter.

Beneficiary means an enrolled member for whom

a trust is created under the Act.

Board means the body appointed by the Community Council to conduct administrative hearings pursuant to this chapter and also known as

the gaming regulatory board.

Chapter means the Salt River Pima-Maricopa

Indian Community gaming ordinance and any

regulations and standards of operation and management promulgated by the Community regulatory agency hereunder.

Class II gaming means class II gaming as

defined in accordance with the Act, 25 USC

2703(7)(A), and the regulations promulgated thereunder by the commission.

Class III gaming means class III gaming as

defined in accordance with theAct, 25 USC 2703(8).

Code means the Salt River Pima-Maricopa

Indian Community Code of Ordinances.

Commission means the National Indian Gaming Commission.

Community means the Salt River PimaMaricopa Indian Community.

Community Council means the Salt River PimaMaricopa Indian Community Council, the duly

constituted governing body of the Salt River PimaMaricopa Indian Community, empowered by the

Salt River Pima-Maricopa Indian Community Constitution to adopt this chapter.

Community court or court means the Salt River

Pima-Maricopa Indian Community court.

Community law enforcement agency means the

police force of the Community established and

maintained by the Community to carry out law

enforcement on the reservation.

Community president means the president of

the Salt River Pima-Maricopa Indian Community.

Community regulatory agency means the Salt

River Pima-Maricopa Indian Community gaming

regulatory agency established pursuant to this

chapter.

Community trustee means the Community while

acting as a trustee of a trust.

Compact means such compact governing the

conduct of class III gaming on the Community's

reservation as may be entered into pursuant to

the Indian Gaming Regulatory Act between the

State of Arizona and the Salt River Pima-Maricopa

Indian Community, and approved by the Secretary of the Interior, or such procedures promulgated by the Secretary of the Interior pursuant to

GAMING § 15.5-2

Supp. No. 1 CD15.5:3
the Indian Gaming Regulatory Act governing the

conduct of class III gaming on the Community's

reservation.

Creditor means, with respect to a beneficiary, a

person who has a claim.

Debt means liability on a claim.

Director means the executive director of the

Salt River Pima-Maricopa Indian Community regulatory agency established pursuant to this chapter.

Enrolled member means an enrolled member of

the Community.

Enterprise means the Salt River Pima-Maricopa

Indian Community gaming enterprise established by the Salt River Pima-Maricopa Indian

Community Council to conduct all gaming operations of the Community on the reservation.

Game means any game played with cards, dice,

equipment or any mechanical, electromechanical

or electronic device or machine for coin, currency,

property or other consideration or thing of value.

Gaming or gambling means to deal, operate,

carry on, conduct, maintain or expose for play any

game.

Gaming device means a microprocessor-controlled electronic device which allows a player to

play games of chance, some of which are affected

by skill, which device is activated by the insertion

of a coin, currency, tokens or by the use of credit,

and which awards game credits, cash, tokens,

replays or a receipt that can be redeemed by the

player for any of the foregoing. Game play may be

displayed by video facsimile or mechanical rotating reels whereby the software of the device

predetermines the stop positions and the presence, or lack thereof, of a winning combination

and pay out, if any.

Gaming employee means any key employee,

any primary management official or any other

person employed by the enterprise who performs

gaming related activities, including those persons

whose employment duties require or authorize

access to restricted gaming related areas of the

gaming facility.

Gaming employee license means a license issued by the Community regulatory agency pursuant to section 15.5-9, permitting a person to be

employed as a gaming employee.

Gaming equipment means any machine, equipment or device which is specially designed or

manufactured for use in the operation of any class

II or class III gaming activity, including any

gaming device.

Gaming facility or gaming facilities means the

buildings or structures in which class III gaming,

as authorized by the compact is conducted.

Gaming facility license means a license issued

by the Community regulatory agency pursuant to

section 15.5-11, allowing permitting gaming operations at a gaming facility.

Gaming operation means any class II or class

III gaming conducted by the enterprise pursuant

to this chapter.

Gaming operator license means a license issued

by the Community regulatory agency pursuant to

section 15.5-12, permitting the enterprise to conduct gaming operations at a gaming facility.

Gaming-related activities means any type of

activity that falls within the definition of gaming

and includes administrative and financial activities for the revenue generated from gaming activities.

Gaming services means:

(1) The providing of any goods or services

(except for legal services) for a gaming

facility or the gaming enterprise in connection with the operation of class III

gaming in an amount in excess of

$10,000.00 in any single month, including, but not limited to, equipment, transportation, food, linens, janitorial supplies,

maintenance, or security services;

(2) The providing, manufacturing, distributing, or servicing of any amount of gaming

equipment to the Community or the enterprise in connection with the operation

of class II or class III gaming in a gaming

facility;

§ 15.5-2 COMMUNITY CODE OF ORDINANCES

Supp. No. 1 CD15.5:4
(3) The extension of or guarantee of any

financing for the enterprise or the gaming

facilities by any person or entity other

than the Community or an institutional

investor;

(4) The provision of any services by a management contractor.

Gaming services license means a license issued

by the Community regulatory agency pursuant to

section 15.5-10, permitting a person or entity to

provide gaming services.

Gaming support employee means any employee

or persons employed by the enterprise who perform employment duties that are not gaming

related and do not meet the definition of "gaming

employee" and includes employees having access

to nonpublic areas but not restricted to gamingrelated areas of the gaming facility.

Institutional investor means an agency of the

United States; a lending institution licensed and

regulated by the state or the United States; a

mutual fund that meets the requirements of a

"qualified institutional buyer," as defined in rule

144A of the Federal Securities Act; an insurance

company as defined in section 2(a)(17) of the

Investment Company Act of 1940, as amended;

and investment company registered under section

8 of the Investment Company Act of 1940, as

amended; an investment adviser registered under

section 203 of the Investment Advisers Act of

1940, as amended; a finance company with net

assets in excess of $250,000,000.00, which regularly provides companies with asset-based equipment leasing or financing; or a gaming company

duly licensed in such jurisdictions as the Community regulatory agency deems acceptable.

Key employee means:

(1) A person who performs one or more of the

following functions:

a. Bingo caller;

b. Counting room supervisor;

c. Chief of security;

d. Custodian of gaming supplies or cash;

e. Floor manager or management;

f. Pit boss;

g. Dealer;

h. Croupier;

i. Approver of credit; or

j. Custodian of gaming devices, including persons with access to cash and

accounting records within such devices;

(2) If not otherwise included, any other person whose total cash compensation is in

excess of $50,000.00 per year; or

(3) If not otherwise included, the four most

highly compensated persons in the enterprise.

Management contract means a contract within

the meaning of 25 USC 2710(d)(9) and 2711.

Management contractor means a natural person or entity that has entered into a management

contract with the Community or the enterprise

which has been approved pursuant to 25 USC

2710(d)(9) and 2711.

Manufacturer means a natural person or entity

that manufactures gaming devices and/or component parts thereof, as defined herein, for use or

play in the gaming facilities.

National Indian Gaming Commission means

the National Indian Gaming Commission established pursuant to 25 USC 2704.

Net revenues means gross revenues of class II

and class III gaming activities less amounts paid

out as, or paid for, prizes and total operating

expenses, including debt service but excluding

management fees paid to a management contractor within the meaning of 25 USC 2711(c).

Person means and includes a corporation, company, partnership, firm, association or society, as

well as a natural person. When person is used to

designate the violator or offender of any law, it

includes a corporation, partnership or any association of persons.

Primary management official means:

(1) The person having management responsibility for or under a management contract;

GAMING § 15.5-2

Supp. No. 1 CD15.5:5
(2) Any person who has authority to hire and

fire employees, or to set up working policy

for the enterprise; or

(3) The chief financial officer or other person

who has financial management responsibility for the enterprise.

Principal means, with respect to any person,

all or any subset of the following persons:

(1) Each of its officers and directors;

(2) Each of its principal management employees, including any chief executive officer,

chief financial officer, chief operating officer or general management;

(3) Each of its owners or partners, if an

unincorporated business;

(4) Each of its shareholders who owns more

than ten percent of the shares of the

corporation, if a corporation;

(5) Each person other than a banking institution who has provided financing for the

entity constituting more than ten percent

of the total financing of the entity; and

(6) Each of the beneficiaries, or trustees of a

trust.

Property includes contributions made by the

Community to a trust and all real property, personal property, and interests in real or personal

property held in a trust from time to time.

Reservation means all lands within the limits

of the Salt River Pima-Maricopa Indian Reservation, and all other lands title to which is held in

trust by the United States for the benefit of the

Community or any individual member or members of the Community or held by the Community

or an individual member of the Community subject to restriction by the United States against

alienation and over which the Community exercises governmental power.

Settlor means the Community transferring property to a trust.

Spouse and former spouse means only persons

to whom the beneficiary was married at, or before,

the time the transfer is made.

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

State gaming agency means such agency of the

State of Arizona which the governor may from

time to time designate by written notice to the

Community as the single state agency which shall

act on behalf of the state under the compact.

Transfer means a disposition by or from a

trustee of a trust, with or without consideration.

Trust means a trust created by the Community

for an enrolled member under the act.

Trust instrument means an instrument appointing a trustee for property held in a trust created

pursuant to the act.

(Code 1981, § 15.5-2; Code 2012, § 15.5-2; Ord. No.

SRO-212-96, § 2, 11-8-1995; Ord. No. SRO-219-96,

§ 2, 6-26-1996; Ord. No. SRO-239-98, §§ A—C,

5-6-1998; Ord. No. SRO-284-2002, § 1, 12-21-

2001; Ord. No. SRO-358-2010, § I, 2-10-2010; Ord.

No. SRO-402-2012, § 15.5-2, 5-30-2012; Ord. No.

SRO-449-2014, 8-27-2014)

Sec. 15.5-3. Adoption of compact and subsequent amendments.

(a) At such time as the compact and any subsequent amendments becomes legally effective

pursuant to the act, the compact shall be deemed

to be incorporated herein and enacted as an

integral part of this chapter as if set forth in full

herein, and in the event of any conflict between a

provision of this chapter and a provision of the

compact, the provision set forth in the compact

shall be deemed to be controlling, except in the

event that the provision set forth in this chapter

is stricter or more stringent.

(b) The adoption of the compact and incorporation herein shall under no circumstances be

deemed to affect the operation by the Community

of any class II gaming, whether conducted within

or without the gaming facilities, or to confer upon

the state any jurisdiction over such class II gaming conducted by the Community on the reservation.

(Code 1981, § 15.5-3; Code 2012, § 15.5-3; Ord. No.

SRO-212-96, § 3, 11-8-1995; Ord. No. SRO-219-96,

§ 3, 6-26-1996; Ord. No. SRO-402-2012, § 15.5-3,

5-30-2012; Ord. No. SRO-449-2014, 8-27-2014)

Editor’s note—Ord. No. SRO-449-2014, adopted Aug. 27,

2014, amended the catchline of § 15.5-8 to read as herein set

out. Said section was formerly catchlined "Adoption of compact."

§ 15.5-2 COMMUNITY CODE OF ORDINANCES

Supp. No. 1 CD15.5:6
Sec. 15.5-4. Authorization.

The enterprise on behalf of the tribe may

conduct class II gaming, and the enterprise on

behalf of the tribe may conduct all types of class

III gaming authorized by the compact once the

compact becomes legally effective pursuant to the

act. No person under the age of 21 shall be

allowed to be permitted to place any wager, directly or indirectly, on any class II or class III

gaming.

(Code 1981, § 15.5-4; Code 2012, § 15.5-4; Ord. No.

SRO-212-96, § 4, 11-8-1995; Ord. No. SRO-219-96,

§ 4, 6-26-1996; Ord. No. SRO-402-2012, § 15.5-4,

5-30-2012)

Sec. 15.5-5. Ownership.

The Community shall have the sole propriety

interest in and responsibility for the conduct of

any gaming operation authorized by this chapter;

provided, however, that nothing herein shall be

construed to prevent the Community from granting security interests or other financial accommodations to secured parties, lenders or others, or to

prevent the Community from entering into true

leases or financing lease arrangements, or to

interfere with the exercise by any secured party of

its rights under any financing agreement with the

Community to enforce its security interests in the

premises on which such gaming activities may be

conducted, or to enforce its rights against gross

revenues of the Community from its gaming activities for the purpose of repayment of the debt

obligations of the Community to such secured

party in accordance with the provisions of such

agreements.

(Code 1981, § 15.5-5; Code 2012, § 15.5-5; Ord. No.

SRO-212-96, § 5, 11-8-1995; Ord. No. SRO-219-96,

§ 5, 6-26-1996; Ord. No. SRO-402-2012, § 15.5-5,

5-30-2012)

Sec. 15.5-6. Use of revenue.

(a) In compliance with section 2710(b)(2)(B) of

the Act, net revenues from class II and class III

gaming shall be used only for the following purposes:

(1) To fund tribal government operations and

programs;

(2) Provide for the general welfare of the

Community and its members.

(3) Promote tribal economic development;

(4) Donate to charitable organizations; or

(5) Help fund operations of local government

agencies.

(b) If the Community elects to make per capita

payments to Community members, it shall authorize such payments only upon approval of a plan

submitted to the Secretary of the Interior under

section 2710(b)(3) of the Act.

(Code 1981, § 15.5-6; Code 2012, § 15.5-6; Ord. No.

SRO-212-96, § 6, 11-8-1995; Ord. No. SRO-219-96,

§ 6, 6-26-1996; Ord. No. SRO-402-2012, § 15.5-6,

5-30-2012)

Sec. 15.5-7. Audit.

(a) The enterprise shall cause to be conducted

annually an independent audit of all gaming

operations and shall submit the resulting audit

reports to the Community regulatory agency and

the National Indian Gaming Commission.

(b) All gaming-related contracts that result in

the purchase of supplies, services, or concessions

in excess of $25,000.00 annually, except contracts

for professional legal and accounting services,

shall be specifically included within the scope of

such audit.

(Code 1981, § 15.5-7; Code 2012, § 15.5-7; Ord. No.

SRO-212-96, § 7, 11-8-1995; Ord. No. SRO-219-96,

§ 7, 6-26-1996; Ord. No. SRO-402-2012, § 15.5-7,

5-30-2012; Ord. No. SRO-449-2014, 8-27-2014)

Sec. 15.5-8. Protection of environment and

public health and safety.

All gaming facilities shall be constructed, maintained and operated in a manner that adequately

protects the environment and the public health

and safety, and for that purpose shall comply with

the standards generally imposed by the Uniform

LawsAnnotated Codes covering the Uniform Building Code, Uniform Mechanical Code, Uniform

Plumbing Code, and Uniform Fire Code, the public health standards for food and beverage handling requirements of the United States Public

GAMING § 15.5-8

Supp. No. 1 CD15.5:7
Health Service, and all other applicable health,

safety and environmental standards of the Community.

(Code 1981, § 15.5-8; Code 2012, § 15.5-8; Ord. No.

SRO-212-96, § 8, 11-8-1995; Ord. No. SRO-219-96,

§ 8, 6-26-1996; Ord. No. SRO-402-2012, § 15.5-8,

5-30-2012)

Sec. 15.5-9. Licenses for employee.

All class II and class III gaming employees

shall be required to obtain a gaming employee

license from the Community regulatory agency,

and no person may commence or continue employment as a gaming employee unless he is the

holder of a valid current gaming employee license

or temporary gaming employee license issued by

the Community regulatory agency, and is certified

by the state gaming agency if so required by the

compact. No person may commence employment

as a gaming employee unless such person is at

least 18 years of age, and no person shall be

employed in the service of alcoholic beverages at

any gaming facility, if such service of alcoholic

beverages is allowed by the Community, unless

such person is at least 21 years of age. The

Community regulatory agency shall ensure that

the policies and procedures set out in 25 CFR

parts 556 and 558 which is made a part hereof are

implemented with respect to gaming employee

licensure for all class II and class III gaming

employees. The Community regulatory agency

shall be empowered to create a dual or multitiered licensure system which requires a greater

degree of information be provided and a more

comprehensive background investigation be employed with respect to prospective key employees

and primary management officials.

(1) Application forms. The Community regulatory agency shall ensure that all application forms for a gaming employee license shall contain the notice described in

25 CFR parts 556 and 558 as follows:

a. Privacy notice. The Community regulatory agency shall place the following notice on the application form for

a key employee or a primary management official before that form is

filled out by an applicant: In compliance with the Privacy Act of 1974,

the following information is provided: Solicitation of the information

on this form is authorized by 25 USC

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

the eligibility of individuals to be

granted a gaming license. The information will be used by the tribal

gaming regulatory authorities and

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

who have need for the information in

the performance of their official duties. The information may be disclosed by the tribe or the NIGC to

appropriate federal, tribal, state, local, or foreign law enforcement and

regulatory agencies when relevant

to civil, criminal or regulatory investigations or prosecutions or when

pursuant to a requirement by a tribe

or the NIGC in connection with the

issuance, denial, or revocation of a

gaming license, or investigations of

activities while associated with a

tribe or a gaming operation. Failure

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

tribe's being unable to license you

for a primary management official or

key employee position. The disclosure of your social security number

(SSN) is voluntary. However, failure

to supply a SSN may result in errors

in processing your application.

b. Notice regarding false statements. The

Community regulatory agency shall

place the following notice on the application form for a key employee or

a primary management official before that form is filled out by an

applicant: A false statement on any

part of your license application may

be grounds for denying a license or

the suspension or revocation of a

license. Also, you may be punished

by fine or imprisonment (18 USC

1001).

§ 15.5-8 COMMUNITY CODE OF ORDINANCES

Supp. No. 1 CD15.5:8
(2) Background investigations. The Community regulatory agency shall ensure that a

background investigation is conducted on

all prospective gaming employees upon

receipt of a completed application for employment as a gaming employee. Such

background investigation shall commence

immediately upon receipt of the completed application and shall be conducted

as quickly as possible. The Community

law enforcement agency, or such other

third-party investigative entity with which

the Community regulatory agency may

contract, shall assist the Community regulatory agency in conducting background

investigations as deemed necessary and

appropriate by the Community regulatory

agency. The Community regulatory agency

shall conduct an investigation sufficient

to make a determination under subsection (3) of this section. In conducting such

background investigation, the Community regulatory agency and its agents shall

promise to keep confidential the identity

of each person interviewed in the course

of the investigation unless disclosure is

required by law. The Community shall

enter into an agreement with the National Indian Gaming Commission as a

third-party investigative entity for purposes of taking and checking fingerprints

of all applicants and conducting any additional criminal history checks as may be

deemed necessary by the commission pursuant to 25 CFR 522.2(h).

(3) Eligibility determination. The Community regulatory agency shall, as soon as

possible after completion of the background investigation, determine whether

an applicant is eligible for a gaming employee license. The Community regulatory agency shall determine that an applicant is not eligible for a gaming employee

license if such applicant:

a. Has been determined to be a person

whose prior activities, criminal record, if any, or reputation, habits

and associations, pose 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 the

gaming activities permitted pursuant to this chapter;

b. Has failed to provide any information reasonably required to investigate the application for a gaming

employee license or to reveal any

fact material to such application, or

has furnished any information which

is untrue or misleading in connection with such application; or

c. Has been convicted of any felony or

gaming offense if applicable under

the eligibility standards adopted by

the regulatory agency.

(4) Procedures for forwarding applications and

reports for key employees and primary

management officials to National Indian

Gaming Commission. Upon completion of

a background investigation, and an eligibility determination for a gaming employee license pursuant to subsection (3)

of this section, and in any event no later

than the time when a key employee or

primary management official begins work,

the Community regulatory agency shall

forward to the National Indian Gaming

Commission a copy of the completed application for employment, and an investigative report on the background investigation required pursuant to subsection (2)

of this section. Such investigative report

shall include the steps taken in conducting a background investigation; results

obtained; conclusions reached; and the

basis for those conclusions. The Community regulatory agency shall submit a

notice of results of the applicant's background investigation to the National Indian Gaming Commission no later than

60 days after the applicant begins work.

The notice of results shall contain:

a. Applicant's name, date of birth, and

social security number;

GAMING § 15.5-9

Supp. No. 1 CD15.5:9
b. Date on which applicant began or

will begin work as key employee or

primary management official;

c. A summary of the information presented in the investigative report,

which shall at a minimum include a

listing of:

1. Licenses that have previously

been denied;

2. Gaming licenses that have been

revoked, even if subsequently

reinstated;

3. Every known criminal charge

brought against the applicant

within the last ten years of the

date of application; and

4. Every felony of which the applicant has been convicted or any

ongoing prosecution.

d. A copy of the eligibility determination made under 25 CFR 556.5.

Such eligibility determination and investigative report shall be forwarded to the

National Indian Gaming Commission for

inclusion in the Indian gaming individual's records system, regardless of whether

a prospective licensee is granted or denied

a license. The Community regulatory

agency shall retain applications for employment of key employees and primary

management officials and reports of background investigations of such individuals

for inspection by the chairman of the

commission or his designee for no less

than three years from the date of termination of employment.

(5) Granting a license. Upon completion of

the eligibility determination required pursuant to subsection (3) of this section, the

Community regulatory agency shall either grant or deny a gaming employee

license. Within 30 days after the issuance

of the license, the Community regulatory

agency shall notify the National Indian

Gaming Commission of its issuance. A

Community gaming operation shall not

employ a key employee or primary management official who does not have a license after 90 days. Any individual denied

a gaming employee license shall be entitled to an administrative hearing upon

request. A right to a hearing under this

section shall vest only upon receipt of a

license granted under an ordinance approved by the Chairperson of the National

Indian Gaming Commission. In the event

the Community regulatory agency determines that a key employee or primary

management official is eligible to be granted

a gaming employee license, such individual shall be granted a temporary gaming

license pending completion of the following procedure. If, upon completion of a

30-day period after receipt by the chairman of the National Indian Gaming Commission of the investigative report required pursuant to subsection (4) of this

section, the commission notifies the Community regulatory agency that it has no

objection to the issuance of a gaming

employee license, or fails to provide the

Community regulatory agency with a request for further information or a statement itemizing objections to the issuance

of a gaming employee license to a key

employee or primary management official, the Community regulatory agency

shall grant a gaming employee license to

such individual. If, however, the chairman requests further information during

the 30-day period, the 30-day period shall

be suspended until the chairman receives

the information requested, if, within the

30-day period, the commission provides

the Community regulatory agency with a

statement itemizing objections to the issuance of a gaming employee license to a

key employee or to a primary management official, the Community regulatory

agency shall reconsider the license application, taking into account the objections

itemized by the commission. The Community regulatory agency shall make the

final decision whether to issue a gaming

employee license to such applicant. Each

temporary gaming employee license shall

expire and become void and of no effect

upon the determination by the Commu-

§ 15.5-9 COMMUNITY CODE OF ORDINANCES

Supp. No. 1 CD15.5:10
nity regulatory agency of the applicant's

suitability for a gaming employee license.

Each holder of a gaming employee license

shall be required to wear in plain view

while at work an identification card issued by the Community regulatory agency

which includes the holder's photograph,

first and last name, and an identification

number unique to the individual license

which shall include a tribal seal or signature, and an expiration date.

(6) Suspension and revocation. The issuance

of a gaming employee license by the Community regulatory agency shall not create

or imply a right of employment or continued employment. The enterprise shall not

employ, and if already employed, shall

terminate any person who has had his

gaming license denied or revoked by the

Community regulatory agency. If, after

the issuance of a gaming employee license, the Community regulatory agency

receives from the National Indian Gaming Commission reliable information indicating that a key employee or a primary

management official is not eligible for

employment pursuant to the standard for

eligibility determination contained in subsection (3) of this section, the Community

regulatory agency shall suspend such license, shall notify in writing the licensee

of the suspension and proposed revocation of the licensee's gaming employee

license, and shall hold an administrative

hearing upon request of the licensee. After an administrative hearing, the Community regulatory agency shall decide to

revoke or to reinstate a gaming license.

The Community regulatory agency shall

notify the National Indian Gaming Commission of its decision within 45 days of

receiving notification from the National

Indian Gaming Commission pursuant to

25 CFR 558.4(a). Additionally, the Community regulatory agency shall have the

right to conduct additional background or

other investigations of any gaming employee at any time, and may suspend or

revoke any gaming employee license issued hereunder if new information concerning facts arising either prior to or

since the issuance of the original license,

or any renewal thereof, comes to the attention of the regulatory agency, which

information could justify denial of such

original license, or any renewal thereof;

provided, however, that no such license

shall be suspended without notice and an

administrative hearing unless the Community regulatory agency determines that

continued licensing constitutes an immediate threat to the public health, safety or

welfare, or the integrity of gaming on the

reservation, and no license shall be permanently revoked until the Community

regulatory agency has provided the licensee with an opportunity upon request

for an administrative hearing.

(7) Duration and renewal. Any gaming employee license shall be effective for one

year from the date of issuance unless the

compact allows otherwise; provided, that

a licensee who has applied for renewal

may continue to be employed or engaged

under the expired license until action is

taken on the renewal application by the

Community regulatory agency. Applicants

for renewal of a gaming employee license

shall provide updated material as requested, on the appropriate renewal forms,

but shall not be required to resubmit

historical data already available to the

Community regulatory agency. Additional

background investigations shall not be

required for applicants for license renewal unless new information concerning

the applicant's continuing eligibility for a

license is discovered by either the Community regulatory agency or the state

gaming agency.

(Code 1981, § 15.5-9; Code 2012, § 15.5-9; Ord. No.

SRO-212-96, § 9, 11-8-1995; Ord. No. SRO-219-96,

§ 9, 6-26-1996; Ord. No. SRO-239-98, §§ E—G,

5-6-1998; Ord. No. SRO-402-2012, § 15.5-9, 5-30-

2012; Ord. No. SRO-449-2014, 8-27-2014; Ord.

No. SRO-457-2015, § 15.5-9, 1-28-2015)

Sec. 15.5-10. Licenses for services.

No person or entity may provide gaming services to the Community or the enterprise, within

or without the gaming facilities, unless it is the

GAMING § 15.5-10

Supp. No. 1 CD15.5:11
holder of a valid current gaming services license

issued by the Community regulatory agency. Each

manufacturer, supplier, and service provider of

gaming devices used by the enterprise shall be

required to hold a valid current gaming services

license before providing or supplying gaming devices or services to any gaming operation. The

Community regulatory agency may waive the

requirement that vendors be licensed if licensing

the vendor is not necessary in order to protect the

public interest. If the state gaming agency is also

authorized to certify a vendor they must agree to

any waiver of a requirement pursuant to this

section. Vendors that provide less than $10,000.00

worth of goods and services each month are

exempt from certification requirements. Any management contractor, including the management

contractor's principals, shall be required to hold a

valid current gaming services license and to have

received approval of its management contract by

the National Indian Gaming Commission, before

providing management services to any gaming

operation.

(1) Application forms. The Community regulatory agency shall ensure that all application forms for a gaming service license

shall contain a notice of privacy in accordance with the Privacy Act of 1974. The

Community regulatory agency shall require each prospective provider of gaming

services to provide the Community regulatory agency with such information, documentation and assurances as may be

required by the Community regulatory

agency, which shall, at a minimum, identify all of such applicant's principals, and

which shall concern the applicant's and

each principal's personal and family history, personal and business references,

criminal conviction record, business activities, financial affairs, prior gaming industry experience and general educational

background; and/or all of the foregoing as

may be applicable to such applicant or

such principal. Each such application shall

be accompanied by the fingerprint card(s)

of each principal of the applicant. For

purposes of this section, the person or

persons included as a principal and the

application requirements for principals

may be determined at the discretion of the

director. The director has authority to

approve individual exceptions for any component of the application form and the

application requirements if the director

determines that it is not required in order

to protect the public interest.

(2) Background investigations. The Community regulatory agency shall ensure that a

background investigation is conducted on

all prospective gaming services providers

upon receipt of a completed application.

Such background investigation shall commence immediately upon receipt of the

completed application and shall be conducted as quickly as possible. The Community law enforcement agency, or such

other third-party investigative entity with

which the Community regulatory agency

may contract, shall assist the Community

regulatory agency in conducting background investigations as deemed necessary and appropriate by the Community

regulatory agency. The Community regulatory agency shall conduct an investigation sufficient to make a determination

under subsection (3) of this section. In

conducting such background investigation, the Community regulatory agency or

its agent shall promise to keep confidential the identity of each person interviewed in the course of the investigation

unless disclosure is required by law.

(3) Eligibility determination. The Community regulatory agency shall, as soon as

possible after completion of the background investigation, determine whether

an applicant is eligible for a gaming services license. The Community regulatory

agency shall determine that an applicant

is not eligible for a gaming services license if such applicant, or any principal

identified with such applicant:

a. Has been determined to be a person

or entity whose prior activities, criminal record, if any, or reputation,

habits and associations, pose a threat

to the public interest or to the effective regulation of gaming, or creates

§ 15.5-10 COMMUNITY CODE OF ORDINANCES

Supp. No. 1 CD15.5:12
or enhances dangers of unsuitable,

unfair, or illegal practices and methods and activities in the conduct of

the gaming activities permitted pursuant to this chapter;

b. Has failed to provide any information reasonably required to investigate the application for a gaming

services license or to reveal any fact

material to such application, or has

furnished any information which is

untrue or misleading in connection

with such application; or

c. Has been convicted of a felony or a

gaming offense if applicable under

the eligibility standards adopted by

the regulatory agency.

(4) Granting a license. Upon completion of

the eligibility determination required pursuant to subsection (3) of this section, the

Community regulatory agency shall either grant or deny a gaming services

license. Any gaming services licensee applicant denied a gaming services license

shall be entitled to an administrative hearing upon request.

(5) Suspension and revocation. The issuance

of a gaming services license by the Community regulatory agency shall not create

or imply a right to supply gaming services

on a continuing basis. The Community

regulatory agency shall have the right to

conduct additional background or other

investigations of any gaming services licensee or principal of such licensee at any

time, and may suspend or revoke any

gaming services license issued hereunder

if new information concerning facts arising either prior to or since the issuance of

the original license, or any renewal thereof,

comes to the attention of the Community

regulatory agency, which information could

justify denial of such original license, or

any renewal thereof; provided, however,

that no such license shall be suspended

without notice and hearing unless the

Community regulatory agency determines

that continued licensing constitutes an

immediate threat to the public health,

safety or welfare, or the integrity of gaming on the reservation; and no license

shall be permanently revoked until the

Community regulatory agency has provided the licensee with an opportunity

upon request for an administrative hearing; and provided further, that the licensee shall be entitled to any payment

due for services provided or goods delivered prior to the effective date of suspension or revocation of the license.

(6) Duration and renewal. Any gaming services license shall be effective for two

years from the date of issuance; provided,

that a licensee who has applied for renewal may continue to supply gaming

services under the expired license until

action is taken on the renewal application

by the Community regulatory agency. Applicants for renewal of a gaming services

license shall provide updated material as

requested, on the appropriate renewal

forms, but shall not be required to resubmit historical data already available to

the Community regulatory agency. Additional background investigations shall not

be required of applicants for license renewal unless new information concerning

the applicant's continuing eligibility for a

license is discovered by the Community

regulatory agency.

(Code 1981, § 15.5-10; Code 2012, § 15.5-10; Ord.

No. SRO-212-96, § 10, 11-8-1995; Ord. No. SRO219-96, § 10, 6-26-1996; Ord. No. SRO-239-98,

§§ H—J, 5-6-1998; Ord. No. SRO-358-2010, § I,

2-10-2010; Ord. No. SRO-402-2012, § 15.5-10,

5-30-2012; Ord. No. SRO-449-2014, 8-27-2014)

Editor’s note—Ord. No. SRO-449-2014, adopted Aug. 27,

2014, amended the catchline of 15.5-10 to read as herein set

out. Said section was formerly catchlined "Services."

Sec. 15.5-11. Licenses for facilities.

Upon issuance of a certificate of occupancy by

the tribe's Community development department,

the Community regulatory agency shall issue a

separate gaming facility license to each gaming

facility, which license shall be required for each

place, facility, or location on Indian lands within

the Community, prior to commencement of any

GAMING § 15.5-11

Supp. No. 1 CD15.5:13
gaming operations at such gaming facility, certifying that such gaming facility has been constructed in accordance with the standards set

forth in section 15.5-8. The Community regulatory agency shall enforce the health and safety

standards applicable to the gaming facilities in

accordance with section 15.5-8. Such gaming facility license shall be renewed on an annual basis

by the Community regulatory agency, provided

that the gaming facility is maintained and operated in accordance with the standards set forth in

section 15.5-8. The Community regulatory agency

shall not renew a gaming facility license, and

shall suspend or revoke a gaming facility license,

in the event that the Community development

department suspends or revokes the certificate of

occupancy for the gaming facility, or the Community development department determines the gaming facility is not maintained and operated at all

times in accordance with the standards set forth

in section 15.5-8.

(Code 1981, § 15.5-11; Code 2012, § 15.5-11; Ord.

No. SRO-212-96, § 11, 11-8-1995; Ord. No. SRO219-96, § 11, 6-26-1996; Ord. No. SRO-402-2012,

§ 15.5-11, 5-30-2012; Ord. No. SRO-449-2014,

8-27-2014)

Editor’s note—Ord. No. SRO-449-2014, adopted Aug. 27,

2014, amended the catchline of 15.5-11 to read as herein set

out. Said section was formerly catchlined "Facility."

Sec. 15.5-12. Licenses for operators.

The Community regulatory agency shall issue

a gaming operator license prior to commencement

of any gaming operations at a gaming facility,

certifying that each principal, primary management official and key employee of the enterprise

holds a valid current gaming employee license

issued in accordance with section 15.5-9. Such

gaming operator license shall be renewed on an

annual basis by the Community regulatory agency,

provided that each principal, primary management official and key employee of the enterprise

continues to hold a valid current gaming employee license; and such license may be suspended or revoked by the Community regulatory

agency in the event that such requirements are

not met.

(Code 2012, § 15.5-12; Ord. No. SRO-212-96, § 12,

11-8-1995; Ord. No. SRO-219-96, § 12, 6-26-1996;

Ord. No. SRO-402-2012, § 15.5-12, 5-30-2012;

Ord. No. SRO-449-2014, 8-27-2014)

Editor’s note—Ord. No. SRO-449-2014, adopted Aug. 27,

2014, amended the catchline of 15.5-12 to read as herein set

out. Said section was formerly catchlined "Operator."

Sec. 15.5-13. Licenses for regulators.

No person may commence or continue employment as a board member, director, staff or inspector in the Community regulatory agency unless

he or she is the holder of a valid current gaming

regulator license issued by the Community development department and the Community regulatory agency, after the notification described in this

section (hereafter called "regulatory licenser").

The Community development department shall

ensure that the policies and procedures set out in

appendix A attached to Ordinance No. SRO219-96 and made a part hereof are implemented

with respect to gaming regulator licensure for

prospective gaming regulator licensees.

(1) Application forms. The regulator licenser

shall ensure that all application forms for

a gaming regulator license shall contain

the notice described in section A of appendix A, and require at a minimum that

each prospective licensee provide the regulator licenser with the information set

out in section B of appendix A.

(2) Background investigations. The regulator

licenser shall ensure that a background

investigation is conducted on all prospective gaming regulatory licensees upon receipt of a completed application for employment as a gaming regulator. Such

background investigation shall commence

immediately upon receipt of the completed application and shall be conducted

as quickly as possible. The Community

law enforcement agency, or such other

third-party investigative entity with which

the regulator licenser may contract, shall

assist the regulator licenser in conducting

background investigations as deemed nec-

§ 15.5-11 COMMUNITY CODE OF ORDINANCES

Supp. No. 1 CD15.5:14
essary and appropriate by the regulator

licenser. The regulator licenser shall ensure that an investigation is conducted

sufficient to make a determination under

subsection (3) of this section. In conducting such background investigation, the

regulator licenser or its agent shall promise to keep confidential the identity of

each person interviewed in the course of

the investigation unless disclosure is required by law. All actions of the director

not subject to the policies and procedures

of the Community, except those policies

and procedures adopted pursuant to the

regulatory provisions of this chapter, may

be reviewed by the board at the request of

any person or at the board's own initiative

upon the board's written finding that the

review will deal with a matter which

significantly affects the operation of the

Community regulatory agency or any entity subject to its regulation.

(3) Eligibility determination. The regulator

licenser shall, as soon as is practicable

after completion of the background investigation, determine whether an applicant

is eligible for a gaming regulator license.

The regulator licenser shall determine

that an applicant is not eligible for a

gaming regulator license if such applicant:

a. Has been determined to be a person

whose prior activities, criminal record, if any, or reputation, habits

and associations, pose 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 the

gaming activities permitted pursuant to this chapter;

b. Has failed to provide any information reasonably required to investigate the application for a gaming

employee license or to reveal any

fact material to such application, or

has furnished any information which

is untrue or misleading in connection with such application; or

c. Has been convicted of any felony or

gaming offense if applicable under

the eligibility standards adopted by

the regulatory agency.

(4) Granting a license. Upon completion of

the eligibility determination required pursuant to subsection (3) of this section, the

regulator licenser shall either grant or

deny a gaming regulator license. Any person denied a gaming regulator license

shall have the opportunity to appeal such

denial to the gaming regulatory board

pursuant to procedures similar in form to

the procedures used in an administrative

hearing.

(5) Suspension and revocation. The issuance

of a gaming regulator license by the Community regulatory agency shall not create

or imply a right of employment or continued employment. The Community regulatory agency shall have the right to conduct additional background or other

investigations of any licensee at any time,

and may suspend or revoke any gaming

regulator license issued hereunder if new

information which would justify denying

or revoking the license comes to the attention of the Community regulatory agency;

provided, however, that no such license

shall be suspended without notice and

hearing unless the Community regulatory agency determines that continued

licensing constitutes an immediate threat

to the public health, safety or welfare, or

the integrity of gaming on the reservation, and no license shall be revoked until

the Community regulatory agency has

provided the licensee with the opportunity upon request to appeal such denial to

the gaming regulatory board pursuant to

procedures similar in form to the procedures used in an administrative hearing.

(6) Duration and renewal. Any gaming regulator license shall be effective for one year

from the date of issuance; provided, that a

GAMING § 15.5-13

Supp. No. 1 CD15.5:15
licensee who has applied for renewal may

continue to be employed or engaged under

the expired license until action is taken

on the renewal application by the regulator licenser. Applicants for renewal of a

gaming regulator license shall provide

updated material as requested, on the

appropriate renewal forms, but shall not

be required to resubmit historical data

already available to the regulator licenser. Additional background investigations shall not be required of applicants

for license renewal unless new information concerning the applicant's continuing

eligibility for a license is discovered by or

made available to the regulator licenser.

(Code 1981, § 15.5-13; Code 2012, § 15.5-13; Ord.

No. SRO-212-96, § 13, 11-8-1995; Ord. No. SRO219-96, § 13, 6-26-1996; Ord. No. SRO-239-98,

§ K, 5-6-1998; Ord. No. SRO-402-2012, § 15.5-13,

5-30-2012; Ord. No. SRO-449-2014, 8-27-2014)

Editor’s note—Ord. No. SRO-449-2014, adopted Aug. 27,

2014, amended the catchline of 15.5-13 to read as herein set

out. Said section was formerly catchlined "Regulatory."

Sec. 15.5-14. Community regulatory agency.

(a) Establishment of the Community regulatory agency. The Salt River Pima-Maricopa Indian

Community Regulatory Agency is hereby established. The Community regulatory agency shall

be a regulatory agency of the Salt River PimaMaricopa Indian Community.

(b) Director. The Community Council shall appoint an individual to serve as a full-time director

of the Community regulatory agency to administer its responsibilities on a day-to-day basis. The

director shall be required to have a minimum of

five years of experience as a gaming regulator.

The compensation of the director shall be established by the Community Council. The director

shall be responsible for coordination of the functions of the Community regulatory agency with

the Community Council, the enterprise, the Community law enforcement agency, the state gaming

agency, state and federal law enforcement agencies, and the National Indian Gaming Commission. The board may request the director to conduct investigations with respect to the grant or

denial, suspension or revocation of any license,

the imposition of any penalty, or the investigation

of any complaint. The director shall hire, pursuant to the authorized budget for the Community

regulatory agency, and supervise and oversee

inspectors and such other staff, consultants and

counsel as the Community regulatory agency may

from time to time employ. The director shall have

the power, in the name of the Community regulatory agency, to conduct any hearing, investigation

or inquiry, compel the production of any information or documents, and otherwise exercise the

investigatory powers of the Community regulatory agency, which the Community regulatory

agency may exercise under this chapter and any

other applicable law. The director shall further

have the power, in the name of the Community

regulatory agency, to issue, deny, condition, suspend or revoke any gaming employee license,

gaming services license, gaming facility license,

or gaming operator license, and to take any other

action on behalf of and in the name of the Community regulatory agency, unless such power is

reserved to the board by this section or regulations adopted hereto. The director shall be the

agent of the Community for the service by the

National Indian Gaming Commission of process,

or any official determination, order or notice pursuant to the Act or to 25 CFR 522.2(g).

(c) Restriction on activities. Neither the board

members, the director nor the staff of the Community regulatory agency shall participate as a

player in any gaming activity conducted by the

Community, or have any personal financial interest in any gaming activity conducted by the

Community, or engage in any business or have

any personal financial activity in any business

which is licensed or regulated by the Community

regulatory agency pursuant to this section, or be

employed by the enterprise.

(d) Powers and duties of the Community regulatory agency. The Community regulatory agency

shall have the following powers and duties:

(1) The Community regulatory agency shall

have primary responsibility for oversight

of Community gaming operations to ensure the integrity of such operations and

shall, for that purpose employ as staff of

the Community regulatory agency inspectors who shall be present in all gaming

§ 15.5-13 COMMUNITY CODE OF ORDINANCES

Supp. No. 1 CD15.5:16
facilities during all hours of operation and

who shall be under the sole supervision of

and report to the Community regulatory

agency and not to any management employees of the Community gaming operations. The board members, director and

staff of the Community regulatory agency,

shall be licensed by the regulator licenser

in accordance with section 15.5-13.

(2) Community regulatory agency staff shall

have unrestricted and immediate access

to any and all areas of the gaming facilities at all times for the purpose of ensuring compliance with this section and other

applicable laws, and personnel employed

by the enterprise shall for such purposes

provide such inspectors access to locked

and secure areas of the gaming facilities

in accordance with this section and other

applicable laws. An inspector or inspectors shall be present in the gaming facilities during all hours of gaming operation.

Such inspectors shall report to the Community regulatory agency regarding any

failure by the enterprise, any employee or

agent of the enterprise, or any person or

entity to comply with any of the provisions of this section and other applicable

laws. Inspectors assigned by the Community regulatory agency shall also receive

consumer complaints within the gaming

facilities and shall assist in seeking voluntary resolution of such complaints.

(3) The Community regulatory agency shall

have the responsibility and authority to

investigate any alleged or reported violations of this chapter, and all other applicable laws. The Community regulatory

agency shall on its own initiative investigate any aspect of the operations of the

enterprise in order to protect the public

interest in the integrity of such gaming

activities and to prevent improper or unlawful conduct in the course of such gaming activities, and shall investigate any

report of a failure of the enterprise or any

other person or entity to comply with the

provisions of this chapter and all other

applicable laws. The Community regulatory agency may receive any complaint

from any person, including the gaming

public or any gaming employee, who is or

who claims to be adversely affected by any

act or omission of a gaming operation or

any employee thereof and which is asserted to violate this chapter, the Act or

other applicable law. The Community regulatory agency may, in its sole discretion,

conduct a hearing and receive evidence,

pursuant to such procedures as it may

adopt, if it deems an evidentiary proceeding useful in the resolution of any such

complaint or alleged violation or breach.

The Community regulatory agency may

compel any person employed by or doing

business with the enterprise to appear

before it and to provide such information,

documents or other materials as may be

in their possession to assist in any such

investigation. The Community regulatory

agency shall make a written record of any

unusual occurrences, violations or suspected violations, without regard to materiality. In the event of a determination by

the Community regulatory agency of a

violation of this chapter or other applicable laws, the Community regulatory agency

shall require the enterprise or the holder

of a license to take any corrective action

deemed necessary by the Community regulatory agency upon such terms and conditions as the Community regulatory

agency may determine necessary and

proper pursuant to this chapter. Appropriate disciplinary action may include, but

not be limited to, suspension or revocation

of a license, and confiscation or shutting

down any gaming device or other equipment or gaming supplies which fail to

conform with required standards. The director shall report regularly to the Community Council on material violations of

the provisions of this chapter and actions

taken by the Community regulatory agency

in response to such violations.

(4) The Community regulatory agency shall

prepare a plan for the protection of public

safety and the physical security of patrons in each of the gaming facilities,

GAMING § 15.5-14

Supp. No. 1 CD15.5:17
following consultation and agreement with

the enterprise, the Community law enforcement agency and the appropriate state

and federal law enforcement agencies, setting forth the respective responsibilities

of the Community regulatory agency, the

security department of the enterprise, the

Community law enforcement agency and

the appropriate state and federal law enforcement agencies.

(5) The Community regulatory agency shall

establish and revise standards of operation and management for class II and

class III gaming activities, which standards of operation and management shall

be approved by the Community council.

The initial standard of operation and management for security and surveillance requirements is hereby adopted and set

forth in appendix B attached to the ordinance from which this section derives.

The Community regulatory agency shall

require that the enterprise establish, pursuant to the security and surveillance

requirements set forth in appendix B, a

closed-circuit television surveillance system capable of recording and preserving

on videotape all areas of the gaming facilities required by the Community regulatory agency to be under surveillance. The

Community regulatory agency shall review and approve floor plans and surveillance systems for each gaming facility.

(6) The Community regulatory agency shall

issue or deny and, when necessary and

appropriate, condition, suspend or revoke, gaming employee licenses, gaming

services licenses, gaming facility licenses,

and gaming operator licenses, in accordance with sections 15.5-9 through 15.5-

12, respectively.

(7) The Community regulatory agency shall

establish a process for persons barred

from the gaming facilities because their

behavior or criminal history or association with career offenders or career offender organizations poses a threat to the

integrity of the gaming activities of the

Community.

(8) The Community regulatory agency may

impose penalties for violations of this chapter, the standards of operation and management, and other applicable laws, in

accordance with section 15.5-15.

(9) The Community regulatory agency may

recommend to the Community Council

that the Community bring any civil action

or criminal complaint in the courts of the

Community, the state or the United States

to enforce the provisions of this section or

to enjoin or otherwise prevent any violation of this section, the Act or other applicable laws, occurring on the reservation.

(10) The director of the Community regulatory

agency shall propose an annual operating

budget which shall be subject to the approval of the Community Council, and

shall in accordance with said budget employ such staff from time to time as it

deems necessary to fulfill its responsibilities under this chapter. All employees of

the Community regulatory agency, including the director, shall be tribal employees

subject to the personnel policies of the

Community.

(11) The Community regulatory agency may

set fees to be assessed against gaming

employees and gaming services providers

to cover the costs incurred by the Community regulatory agency in conducting background investigations required for licensure

of gaming employees and gaming services

providers.

(12) The Community regulatory agency may

adopt regulations to authorize the use of

credit by gaming customers.

(e) Emergency powers of the director. The director or any other member of the Community regulatory agency acting in the absence of the director

may, whenever he or she deems it necessary to

protect the public interest in the integrity of tribal

gaming operations, issue in the name of the

Community regulatory agency any order which

the Community regulatory agency has the power

to issue, to the enterprise or to any employee or

contractor of the enterprise or to any other person

or entity within the jurisdiction of the Commu-

§ 15.5-14 COMMUNITY CODE OF ORDINANCES

Supp. No. 1 CD15.5:18
nity, to take any action or cease and desist from

any action as may be required to protect the

public interest.

(f) Procedures of the gaming regulatory board.

The board shall consist of three members, a

chairman and two other members, at least two of

whom shall be members of the Community, and

all of whom shall be selected by the Community

Council. Each board member shall serve for a

term of three years commencing on the date of

their appointment; provided that, the initial members so appointed shall serve for terms deemed to

commence on appointment by the Community

Council and one of the initial members appointed

shall be designated to serve for an initial term of

one year and one of the initial members appointed

shall be designated to serve for an initial term of

two years. Board members shall serve on a parttime basis, and the Community Council shall

establish the compensation of the board members. Board members shall serve at the pleasure

of and may be removed with or without cause by

a vote of a majority of the members of the Community Council then in office. Vacancies in the

board may be filled by appointment by the Community president pending action by the Community Council. All decisions of the board are final

and are not subject to further judicial or political

review or appeal.

(1) Regular meetings of the board may be

held upon such notice, or without notice,

and at such time and place as shall from

time to time be fixed by the board. Unless

otherwise specified by the board, no notice

of such regular meetings shall be necessary.

(2) Special meetings of the board may be

called by the chairman or the director.

The person or persons calling the special

meeting shall fix the time and place thereof.

(3) At any meeting of the board, a majority of

the members then in office shall constitute a quorum for the transaction of business agendas and minutes which record

the formal acts of the board are required

for both regular and special meetings.

The vote of a majority of the members

present at a meeting at which a quorum is

present shall be the act of the board. The

chairman shall preside at all meetings of

the board unless the chairman is absent,

in which case the senior member of the

board shall serve as chairman.

(4) Members of the board may participate in

a meeting of the board by means of conference telephone or similar communications equipment by means of which all

persons participating in the meeting can

hear each other, and participation in a

meeting in such matter by any member

who does not object at the beginning of

such meeting to the holding thereof in

such manner shall constitute presence in

person at such meeting.

(5) The board shall adopt such additional

procedures and rules as it deems necessary or convenient to govern its activities

and which are consistent with this chapter.

(6) The board shall conduct all administrative and appeal hearings mandated by

this chapter. All appeal hearings shall

afford the person affected with at least 15

days' written notice of the proposed action

and the opportunity to appear and be

heard before the board, to be represented

by counsel at such hearing, and to offer

sworn oral, written and documentary evidence relevant to the breach or action

charged. All decisions of the board at

appeal hearings shall be in writing and

shall be made available to the person

affected. Notwithstanding the foregoing,

if the board deems it necessary to protect

the public interest in the integrity of the

gaming activities, the board may take

such action with immediate effect as it

deems required, and shall thereupon provide notice and an opportunity to be heard

to the affected person as soon as is reasonably practicable following such action.

Any person who is directly and adversely

impacted by a Community regulatory

agency action or is denied an initial gaming employee license or gaming services

license or who is barred from the gaming

facilities by action of the agency may

GAMING § 15.5-14

Supp. No. 1 CD15.5:19
request an appeal hearing before the board,

provided such person submits such request in writing submitted within 30 days

following receipt of notice of the action of

the Community regulatory agency.

(7) All decisions of the board are final and not

subject to further judicial or political review or appeal except as provided in section 5(q)(4) of the compact.

(Code 1981, § 15.5-14; Code 2012, § 15.5-14; Ord.

No. SRO-212-96, § 14, 11-8-1995; SRO-219-96,

§ 14, 6-26-1996; Ord. No. SRO-243-99, 1-20-1999;

Ord. No. SRO-402-2012, § 15.5-14, 5-30-2012;

Ord. No. SRO-449-2014, 8-27-2014)

Sec. 15.5-15. Compliance with Act.

This chapter shall be construed in a manner

which conforms to the Act in all respects, and, if

inconsistent with the Act in any manner, the

provisions of the Act shall govern.

(Code 1981, § 15.5-15; Code 2012, § 15.5-15; Ord.

No. SRO-212-96, § 17, 11-8-1995; SRO-219-96,

§ 17, 6-26-1996; Ord. No. SRO-402-2012, § 15.5-

15, 5-30-2012)

Sec. 15.5-16. Prohibited acts.

It shall be a violation of this chapter for any

person to:

(1) Conduct or participate in any Class II or

Class III gaming on the reservation other

than in a licensed gaming facility.

(2) Receive, distribute, apply or divert any

property, funds, proceeds or other assets

of a gaming operation to the benefit of any

individual or other person, except as authorized by this chapter, the Act, or other

application law.

(3) Tamper with any equipment used in the

conduct of gaming with the intent to cause

any person to win or lose any wager other

than in accordance with the publicly announced rules of the gaming operation.

(4) Do any other act in connection with the

conduct of gaming with the intent to affect

the outcome of any game or any wager

other than in accordance with the publicly

announced rules of the gaming operation.

(5) Alter or misrepresent the outcome or other

event on which wagers have been made

after the outcome is determined but before it is revealed to the players.

(6) Place, increase or decrease a wager or

determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any

event that affects the outcome of the game

or which is the subject of the bet, or aid

anyone in acquiring such knowledge for

the purpose of placing, increasing or decreasing a wager or determining the course

of play contingent upon that event or

outcome.

(7) Claim, collect or take, or attempt to claim,

collect or take, money or anything of value

in or from any authorized game, with

intent to defraud, without having made a

wager thereon, or to claim, collect or take

an amount greater than the amount won.

(8) Manipulate, with intent to cheat, any

component of any authorized game or the

game itself in a manner contrary to the

designed and normal operational purpose

for the component or the game itself.

(9) Use tokens or chips for wagers other than

those approved by the Community regulatory agency, or use counterfeit or fraudulent coins, currency or other money or

funds of any kind.

(10) Possess or entice another person to possess any device to assist in projecting the

outcome of any game, including, but not

limited to, devices designed to count cards,

analyze probabilities, or suggest strategies for playing or betting, or use or entice

another person to use any device or means

to cheat or defraud.

(11) Possess a weapon or discharge a firearm

in any gaming facility, except in accordance with the Community regulatory

agency.

(12) Act or conspire with another to give, or

offer to give, any money, thing of value,

gift or other consideration to any elected

official or employee of the Community,

§ 15.5-14 COMMUNITY CODE OF ORDINANCES

Supp. No. 1 CD15.5:20
including employees and officials of the

enterprise and the Community regulatory

agency, for the purpose of influencing any

action or decision relating to gaming or

Community governmental activities related thereto.

(13) Knowingly allow an intoxicated person to

continue gambling.

(Code 1981, § 15.5-16; Code 2012, § 15.5-16; Ord.

No. SRO-212-96, § 18, 11-8-1995; SRO-219-96,

§ 18, 6-26-1996; Ord. No. SRO-239-98, § L, 5-6-

1998; Ord. No. SRO-402-2012, § 15.5-16, 5-30-

2012; Ord. No. SRO-449-2014, 8-27-2014)

Sec. 15.5-16.1. Financial services in gaming

facilities.

Financial services at the gaming facilities are

subject to the following restrictions:

(1) The gaming facility operator shall not

locate an automatic tell machine (ATM)

adjacent to, or in close proximity to any

gaming device;

(2) The gaming facility operator shall not

locate in the gaming facility an ATM that

accepts electronic benefit transfer cards

issued pursuant to a state or federal program that is intended to provide for needy

families or individuals;

(3) The gaming facility operator shall not

accept checks or other noncash items issued pursuant to a state or federal program that is intended to provide for needy

families or individuals; and

(4) The gaming facility operator shall not

extend credit to any patron of a gaming

facility for gaming activities.

(Code 1981, § 15.5-16.1; Code 2012, § 15.5-16.1;

Ord. No. SRO-358-2010, § II, 2-10-2010; Ord. No.

SRO-402-2012, § 15.5-16.1, 5-30-2012)

Sec. 15.5-16.2. Tort claims process.

(a) The SRPMIC and its insurance carriers

will not raise the defense of sovereign immunity

up to the amount that the SRPMIC is covered by

contracts for insurance or up to amounts set by

the risk management and control program. For

this exception to sovereign immunity to apply, the

cause of action must be in the SRPMIC Community court. This exception to sovereign immunity

authorized by this section, and applicable only to

this chapter, shall not apply in any other court

other than the SRPMIC Community court. The

SRPMIC expressly reserves the right to raise the

defense of sovereign immunity for claims 1) in

excess of the amounts of insurance; 2) in all courts

other than the SRPMIC Community Court; and 3)

for all claims not covered under the insurance

plan.

(b) All claims are subject to section 4-6, "Limitation for bringing civil actions and criminal

prosecutions into Community court" of the SRPMIC

Code of Ordinances.

(c) The claimant must exhaust all administrative remedies before a claim may be filed with the

Community court.

(d) Claims must comply with the process and

procedure of SR-2024-2000 or future resolution if

SR-2024-2000 is repealed or amended. Upon request, the patron or invitee, or their designated

representative, shall be provided with a copy of

SR-2024-2000, or future resolution if SR-2024-

2000 is repealed or amended, and the name,

address, and telephone numbers of the appropriate contact person for the gaming facility operator

and the clerk of the SRPMIC Community Court.

(Code 1981, § 15.5-16.2; Code 2012, § 15.5-16.2;

Ord. No. SRO-358-2010, § II, 2-10-2010; Ord. No.

SRO-402-2012, § 15.5-16.2, 5-30-2012; Ord. No.

SRO-449-2014, 8-27-2014)

Sec. 15.5-17. Penalties.

Any person who violates any provision of this

chapter shall be subject to civil penalties, including exclusion from employment by the enterprise,

exclusion from attendance at any gaming facility,

exclusion from the reservation if a nonmember of

the Community, or, with respect to any person

subject to the jurisdiction of the Community to

impose such fines, a fine of not more than $5,000.00

for each such violation. The Community regulatory agency shall have the jurisdiction to impose

any such penalties on any person within the

jurisdiction of the Community.

(Code 1981, § 15.5-17; Code 2012, § 15.5-17; Ord.

No. SRO-212-96, § 15, 11-8-1995; SRO-219-96,

§ 15, 6-26-1996; Ord. No. SRO-402-2012, § 15.5-

17, 5-30-2012)

GAMING § 15.5-17

Supp. No. 1 CD15.5:21
Sec. 15.5-18. Repeal and severability.

To the extent that they are inconsistent with

this chapter, all prior gaming ordinances of the

Community are hereby repealed. If any provision

of this chapter or its application to any person or

circumstance is held invalid, the remainder of

this chapter or the application of the provision to

other persons or circumstances shall remain valid

and shall not be thereby affected.

(Code 1981, § 15.5-18; Code 2012, § 15.5-18; Ord.

No. SRO-212-96, § 16, 11-8-1995; SRO-219-96,

§ 16, 6-26-1996; Ord. No. SRO-402-2012, § 15.5-

18, 5-30-2012)

Sec. 15.5-19. Detention and questioning of

persons suspected of violations.

(a) The authorized agents of the Community

regulatory agency or security personnel of the

gaming facility (hereafter "authorities") may question any person in the gaming facility who may be

involved in illegal acts or who is suspected of

violating any of the provisions of the compact or

section 15.5-16. None of the authorities is criminally or civilly liable:

(1) On account of any such questioning; or

(2) For reporting to the Community regulatory agency, the state gaming agency, Community, federal or state regulatory authorities, or law enforcement authorities the

identity of the persons suspected of the

violation.

(b) Community law enforcement agency authorities who have probable cause for believing

that there has been involvement in illegal acts or

a violation of the compact or section 15.5-16 in the

gaming facility by any person may take that

person into custody and detain him in the gaming

facility in a reasonable manner and for a reasonable length of time. Such a taking into custody

and detention does not render the authorities

criminally or civilly liable unless it is established

by clear and convincing evidence that the taking

into custody and detention are unreasonable under all the circumstances.

(c) There must be displayed in a conspicuous

place in the gaming facility a notice in boldface

type clearly legible and in substantially this form:

"Agents of the Community law enforcement

agency who have probable cause for believing

that any person may be involved in illegal acts

or has violated any provision of applicable law

prohibiting cheating or other gaming offense

may detain that person in the gaming facility."

(Code 1981, § 15.5-19; Code 2012, § 15.5-19; Ord.

No. SRO-250-99, 3-17-1999; Ord. No. SRO-253-

99, 3-17-1999; Ord. No. SRO-402-2012, § 15.5-19,

5-30-2012; Ord. No. SRO-449-2014, 8-27-2014)

Sec. 15.5-20. Trust protection for minor and

incompetent beneficiaries receiving IGRA benefits; applicable law; jurisdiction.

(a) Except as provided in subsection (e) of this

section, but notwithstanding any other provision

of this Community Code of Ordinances, the income and principal of a trust created for a minor

beneficiary or incompetent beneficiary who is

entitled to receive a distribution under the Act

shall not be transferred by such beneficiary and

shall not be subject to enforcement of a money

judgment until paid from such trust to the beneficiary in accordance with the terms of the trust.

(b) Except as provided in subsection (e) of this

section, but notwithstanding any other provision

of this Community Code of Ordinances, if a trust

created for a minor beneficiary or an incompetent

beneficiary to receive and hold such beneficiary's

distribution under the act provides that the trustee

may pay income or principal, or both, for the

health, education, and welfare of such beneficiary,

as the trustee deems advisable in the discretion of

the trustee, the income and principal necessary to

accomplish such objectives shall not be transferred and shall not be subject to the enforcement

of a money judgment until it is paid from the trust

to such beneficiary in accordance with the terms

of such trust.

(c) Except as provided in subsection (e) of this

section, but notwithstanding any other provision

of this Community Code of Ordinances, any money

or other property held in a trust for a minor

beneficiary or an incompetent beneficiary which

represents a distribution under the Act to or for

the benefit of such beneficiary, shall be exempt

from execution, attachment, or sale on any process issued from any court.

§ 15.5-18 COMMUNITY CODE OF ORDINANCES

Supp. No. 1 CD15.5:22
(d) Except as provided in subsection (e) of this

section, but notwithstanding any other provision

of this Community Code of Ordinances, no action

of any kind, including without limitation, an

action to enforce a judgment entered by a court or

other body having adjudicative authority, shall be

brought at law or in equity for an attachment or

other provisional remedy against property held in

a trust for the benefit of a minor beneficiary or

incompetent beneficiary for avoidance of such

trust unless such action shall be brought in the

Community court. The Community court shall

have exclusive jurisdiction over any action brought

with respect to a trust created for a minor beneficiary or incompetent beneficiary.

(e) Notwithstanding any other provision contained in this section, paragraphs (a), (b), (c), and

(d) of this section shall not apply in any respect:

(1) To the Community to whom the beneficiary is indebted by order of the Community court relating to payment of any

indebtedness owed by the beneficiary to

the Community.

(2) To any person to whom the beneficiary is

indebted by order of the Community court

for the payment of support or spousal

maintenance in favor of such beneficiary's

spouse, former spouse or children.

(3) To any person for restitution for which a

beneficiary is obligated by order of the

Community court for damages caused by

criminal acts or juvenile offenses of which

the beneficiary has been convicted or adjudicated.

(4) To any person or entity whose claim against

the Community is not disputed by the

Community or which has been established by adjudication against the Community in a federal, state or tribal court of

competent jurisdiction during any period

that the Community is unable to pay its

debts as they come due, or is subject to a

pending insolvency or bankruptcy proceeding.

(f) A provision contained in a trust instrument

created for the benefit of a minor beneficiary or

incompetent beneficiary which states that the

laws of the Community shall exclusively govern

the validity, construction, and administration of

the trust created under such trust instrument,

and that such trust is subject to the exclusive

jurisdiction of the Community court, shall be

valid, effective, and conclusive for the trust if (i)

the Community is serving as a trustee or a

co-trustee of such trust, (ii) the trust assets of

such trust were deposited by the Community in

such trust pursuant to the Act, and (iii) part or all

of the administration occurs in the Community,

including, but not limited to, physically maintaining trust records within the Community.

(g) Notwithstanding any other provision in

this section or in any trust created under the act,

a person who intentionally kills, or who participates, either as a principal or an accessory before

the fact, in the intentional killing of a minor or

incompetent beneficiary ("beneficiary") shall be

deemed to have predeceased the beneficiary and

shall not be entitled to receive income or principal

held in a trust created for the deceased beneficiary under the act.

(1) The Community trustee shall have the

exclusive authority to determine by a preponderance of evidence whether the killing was intentional for purposes of this

subsection.

(2) For purposes of this subsection, the terms

"intentionally kills" and "intentional killing" shall mean to knowingly or recklessly

cause the death of a minor or incompetent

beneficiary, and may include acting with

knowledge that the person's conduct will

cause serious physical injury or death, or

acting with a reckless indifference to human life.

(3) This subsection shall be construed with

the intent of the Community that no person shall be allowed to benefit or profit by

his or her own wrongful act, and shall be

effective as of November 15, 2001.

(Code 1981, § 15.5-20; Code 2012, § 15.5-20; Ord.

No. SRO-284-2002, § 2, 11-21-2001; Ord. No.

SRO-295-03, 4-2-2003; Ord. No. SRO-402-2012,

§ 15.5-20, 5-30-2012; Ord. No. SRO-440-2014,

3-26-2014, eff. 11-15-2001)

GAMING § 15.5-20

Supp. No. 1 CD15.5:23
Sec. 15.5-21. Reserved.

Sec. 15.5-22. Disclaimer.

If by any means a per capita IGRA payment

under the Act is payable to a member, that

member may disclaim that interest in whole or in

part by delivering or filing a written disclaimer

with the Community under this section.

(1) The disclaimer must be filed not later

than the record date for the payment

being disclaimed or for the first payment

being disclaimed if more than one payment is being disclaimed. The term "record date" is defined in the Revenue Allocation Plan For Net Gaming Proceeds

adopted by the Salt River Pima-Maricopa

Indian Community.

(2) The disclaimer shall describe the property or interest disclaimed, declare the

disclaimer and its extent, and be signed

by the disclaimant.

(3) The right to disclaim property or interest

in property under this section shall be

barred by an acceptance of the property or

interest in the property by the disclaimant prior to execution and filing of the

disclaimer.

(4) Property disclaimed pursuant to this section shall pass to and vest in the remaining enrolled members eligible to receive

(or have a trust for their benefit receive)

their pro rata share of that IGRA payment.

(5) The disclaimer shall be binding on the

disclaimant and on all persons claiming

through or under the disclaimant.

(Code 1981, § 15.5-22; Code 2012, § 15.5-22; Ord.

No. SRO-288-2002, 5-1-2002; Ord. No. SRO-298-

03, 9-3-2003; Ord. No. SRO-402-2012, § 15.5-22,

5-30-2012)

Sec. 15.5-23. Granting of security interests.

(a) Purpose and authority.

(1) Purpose. It is the purpose and policy of

this chapter to establish the method of the

creation, the effect of perfection and

nonperfection, priority among competing

creditors, and enforcement of security interests granted by the Community in connection with personal properties of the

Community doing business as Community gaming enterprises.

(2) Authority. This section is enacted by the

Community Council under the authority

of Article VII, section 1 of the Constitution

of the Salt River Pima-Maricopa Indian

Community.

(b) Definitions. As used in this section: The

following words, terms and phrases, when used in

this section, shall have the meanings ascribed to

them in this section, except where the context

clearly indicates a different meaning:

Division means Salt River Community gaming

enterprises, the wholly-owned instrumentality of

the Community that owns and operates Casino

Arizona and any other gaming and gamingrelated operations of the Community. In the event

that Salt River Community gaming enterprises

ceases to have the exclusive legal right to operate

the gaming operations of the Community, the

term "division" shall encompass any and all entities that have the right to conduct such gaming

and gaming-related operations.

Division personal property means any and all

now owned or hereafter acquired personal property of the division.

Uniform Commercial Code means chapters 1, 8

and 9 of the Arizona Uniform Commercial Code as

in effect from time-to-time.

(c) Application of Uniform Commercial Code.

(1) The Uniform Commercial Code shall apply to any security interest granted by the

Community in any division personal property, and such security interest shall be

created and perfected, priorities among

competing creditors determined, and the

security interest enforced, in accordance

with the Uniform Commercial Code.

(2) In the event that, as a matter of Arizona

law, the Uniform Commercial Code does

not apply to a security interest described

in subsection (c)(1) of this section as a

§ 15.5-22 COMMUNITY CODE OF ORDINANCES

Supp. No. 1 CD15.5:24
result of the provisions of section 47-

9109(D)(14) of the Uniform Commercial

Code, the Community, as a matter of

Community law, hereby adopts all provisions of the Uniform Commercial Code,

other than sections 47-9109(C)(2), 47-

9109(D)(14) and 47-9307, and such provisions shall apply to any security interest

described in subsection (c)(1) of this section, including the creation, perfection,

priority and enforcement of any security

interest described in subsection (c)(1) of

this section.

(3) For purposes of this section and the Uniform Commercial Code, the location of

both the Community and the division

shall be in the State of Arizona.

(d) Application of section.

(1) This section shall be applicable only to

security interests granted by the Community in division personal property.

(2) While any security interest granted under

the authority of this section remains outstanding, this section may not be repealed

or be amended in a manner adverse to the

interests of any secured party.

(e) Amendment of Ordinance SRO-106-87. SRO106-87, § 47-9102(A) is hereby amended to delete

clause (3) thereof and eliminate all references

therein to Salt River Community gaming enterprises.

(Code 1981, § 15.5-23; Code 2012, § 15.5-23; Ord.

No. SRO-304-2005, 4-6-2005; Ord. No. SRO-402-

2012, § 15.5-23, 5-30-2012; Ord. No. SRO-449-

2014, 8-27-2014)

Sec. 15.5-24. Raffles.

(a) Notwithstanding any other provision of law,

a nonprofit organization that is a corporation,

fund, or foundation affiliated with a major league

baseball team and organized and operated exclusively for charitable purposes and that is an

organization that has qualified for an exemption

from taxation of income under section 501(c)(3) of

the United States Internal Revenue Code may

conduct a raffle that is subject to the following

restrictions:

(1) The nonprofit organization shall maintain this status and no member, director,

officer, employee or agent of the nonprofit

organization may receive any direct or

indirect pecuniary benefit other than being able to participate in the raffle on a

basis equal to all other participants.

(2) The nonprofit organization has been in

existence continuously for a five-year period immediately before conducting the

raffle.

(3) No person except a bona fide local member of the sponsoring organization may

participate directly or indirectly in the

management, sales or operation of the

raffle.

(b) A raffle conducted in compliance with this

section shall be lawful and exempt from all other

provisions in chapter 15.5. A person who conducts

a raffle in compliance with this section shall be

exempt from all other provisions in chapter 15.5.

(c) At least 20 days prior to conducting the

raffle, the nonprofit organization shall file an

application with the Community regulatory agency,

on a form approved by the agency, stating the full

name and address of the organization, the date(s)

of the raffle and location where the raffle is to be

conducted, facts establishing that the organization meets all requirements of this section, a

complete copy of the official raffle rules, and other

information requested by the agency. Upon determining that the organization meets all requirements of this section, the agency shall issue a

raffle permit to the organization for the location

and date or dates specified in the application. A

raffle only may be conducted at the location, on

the dates, by the organization, and according to

the raffle game rules as specified on the permit.

(Ord. No. SRO-459-2015, § 15.5-24, 2-4-2015)

Sec. 15.5-25. Effective date.

The amendments to this chapter [set forth in

Ordinance Nos. SRO-449-2014 and SRO-457-

GAMING § 15.5-25

Supp. No. 1 CD15.5:25
2015] shall become effective on the first day of the

month following approval by the National Indian

Gaming Commission.

(Ord. No. SRO-449-2014, 8-27-2014)

Editor’s note—Ord. No. SRO-459-2015, adopted Feb. 4,

2015, added a new § 15.5-24 pertaining to raffles; therefore,

former § 15.5-24, pertaining to effective date, was redesignated 15.5-25 at the editor's discretion.

§ 15.5-25 COMMUNITY CODE OF ORDINANCES

Supp. No. 1 CD15.5:26