NOV 1 5 1993 

Richard M. Milanovich 

Chairman 

Agua Caliente Band of Cahuilla Indians 

960 E. Tahquitz, Suite 106 

Palm Springs, ~alifornia qzZGt 

Dear Chairman Milanovich: 

This letter responds to your request to review and approve the 

tribal gaming ordinance submitted on August 16, 1993, for the 

Agua Caliente Band of Cahuilla Indians (the Band). This letter 

constitutes such approval under the Indian Gaming Regulatory Act 

(IGRA) . 

Under the IGRA and the regulations of the National Indian Gaming 

Commission (NIGC), the chairman is directed to review ordinances 

with respect to the requirements of the IGRA and the implementing 

regulations. Thus, the scope of the chairman's review and 

approval is limited to the requirements of the IGRA and the NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, such 

approval does not constitute approval of specific games. 

It is important to note that while we have approved the Band's 

gaming ordinance, there are still some remaining issues regarding 

the description of procedures for conducting background 

investigations on key employees and primary management set forth 

in your letter of November 10, 1993. Specifically, the Band may 

not use the in-house corporate security office of Caesars World, 

Inc., to conduct background investigations on key employees and 

primary management officials. Also, it is important to note that 

the gaming ordinance is approved for gaming only on Indian lands 

as defined in the IGRA. 

With the Chairman's approval of the Band's gaming ordinance, the 

Band is now required to conduct background investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed application for each key employee and 

primary management official pursuant to 25 C.F.R. § 556.5(a) and 

an investigative report on each background investigation before 

issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. § 556.5(b). 

1850 M STREET. N.W.. SUITE 250 WASHINGTON. 0C 20036 TEL ,202-632-7003 FAX: 202-632-7066 
Thank you for submitting the ordinance of the Agua Caliente Band 

of Cahuilla Indians for review and approval. The NIGC staff and 

I look forward to working with you and the Band in implementing 

the IGRA. b 
% 

-- ... Q 

AGUA CALICNTE BAND OF CAHUILLA. INDIANS r~--.~~-~~3-^C:1.-~'1.:.-~~<~:~~-- - ... . . .F~:*%nT.> L- r--'->--? : 1 ..-:z-,- . '- . - 11 

960 E. TAHQUI~Z CANYON WAY SUIT€ 106 PALN Smtncs. CtI99969 (619) 395-5673 FAX (619) 395-0593 

APPUOVEB 

ORDINANCE NO. 15 

TRIBAL ORDINANCE CONCERNING GAMING 

I. INTRODUCTION . 

A. TITLE. This Ordinance shall be titled and quoted as 

the "Gaming Ordinance." 

8. PURPOSE. The Tribal Council of the Agua Caliente Band of Cahuilla 

Indians (the "Tribe), empowered by sections a, b, f, and i of Article V of 

the Tribe's Constitution and By-Laws, as amended, to enact ordinances, 

hereby enacts this ordinance in order to set the terms for Class II and 

Class Ill gaming operations on the "lndian lands" of the Agua Caliente 

lndian Reservation, as defined in 25 U.S.C. Section 2703(4). 

II. GAMING AUTHORIZED 

Class II and Class Ill gaming as defined in the lndian Gaming Regulatory 

Act, P.L. 100-477, 25 U.S.C. Section 2703(7)-(8) ("IGRA) and by the 

regulations promulgated by the National lndian Gaming Commission at 

25 C.F.R. 502.3 (as published in the Federal Register at 57 FR 12392- 

12393, April 9, 1992) is hereby authorized. 

Ill. OWNERSHIP OF GAMING 

The Tribe shall have the sole propriety interest in and responsibility for 

the conduct of any gaming operation authorized by this Ordinance. 

IV. USE OF GAMING REVENUE 

A. Net revenues from Class II and Class Ill gaming shall be used only for the 

following purposes: to fund tribal government operations and programs; 

provide for the general welfare of the Tribe and its members; promote 

tribal economic development; donate to charitable organizations; or help 

fund operations of local government agencies, all in such amounts and 

on such terms as the Tribal Council may determine. 
ORDINANCE NO. 15 

Page Two 

B. If the Tribe elects to make per capita payments to tribal members, it shall 

authorize such payments only upon approval of a plan submitted to the 

Secretary of the Interior under 25 U.S.C. Section 2710(b)(3). 

V. AUDIT 

A. The Tribe shall cause to be conducted annually an independent audit of 

gaming operations and shall submit the resulting audit reports to 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 the audit that is described in 

subsection A. above. 

VI. PROTECTION OF THE ENVIRONMENT 

AND PUBLIC HEALTH AND SAFETY 

Class II and Class Ill gaming facilities shall be constructed, maintained 

and operated in a manner that adequately protects the environment and 

the public health and safety. 

VII. LICENSES FOR KEY EMPLOYEES AND 

PRIMARY MANAGEMENT OFFICIALS 

The Tribe shall ensure that the policies and procedures set out in this 

section are implemented with respect to key employees and primary 

management officials employed at any Class II or Class Ill gaming 

enterprise operated on Indian lands as provided in this Ordinance. 
ORDINANCE NO. 15 

Page Three 

A. Definitions. For the purposes of this section, 

the following definitions apply: 

1 . "Key employee" means a person who performs one or more of 

the following: 

(1) Bingo caller; (2) Counting room supervisor; (3) Chief of 

security; (4) Custodian of gaming supplies or manager; (5) Floor 

manager; (6) Pit boss; (7) Dealer; (8) Croupier; (9) Approver of 

credit; (10) Custodian of gambling devices; including persons with 

access to cash and accounting records within such devices; If not 

otherwise included, any other person whose total cash 

compensation is in excess of $50,000 per year; or If not otherwise 

included, the four most highly compensated persons in the gaming 

operation. 

2. "Primary management official" means the person having 

management responsibility for a management contract; any 

person who has authority: (1) to hire and fire employees; or (2) to 

set up working policy for the gaming operation; or the Chief 

Financial Officer or other person who has financial management 

responsibility. 

B. A~plication Forms. 

1 . The following notice shall be placed on the application form for a 

key employee or a primary management official before that form is 

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

1974, the following information is provided: 

"Solicitation of the information on this form is authorized by 25 

U.S.C. Section 2701, et seq. The purpose of the requested 

information is to determine the eligibility of individuals to be 

employed in a gaming operation. The information will be used by 
ORDINANCE NO. 15 

Page Four 

B. &~lication Forms (continued). 

National Indian Gaming Commission members and staff 

who have need for the information in the performance of their 

official duties. The information may be disclosed to appropriate 

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

regulatory agencies when relevant to civil, criminal, or regulatory 

investigations or prosecutions or when pursuant to a requirement 

by a tribe or the National Indian Gaming Commission in 

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

or revocation of a gaming license, or investigations of activities 

while associated with a tribe or a gaming operation. Failure to 

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

tribe's being unable to hire you in a primary management official 

or key employee position. The disclosure of your Social Security 

Number (SSN) is voluntary. However, failure to supply a SSN 

may result in errors in processing your application." 

Existing key employees and primary management officials, if any, 

shall be notified in writing that they shall either: (a.) Complete a 

new application form that contains a Privacy Act notice; or (b.) 

Sign a statement that contains the Privacy Act notice and consent 

to the routine uses described in that notice. 

The following notice shall be placed on the application form for a 

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

an applicant: "A false statement on any part of your application 

may be grounds for not'hiring you, or for firing you after you begin 

work. also, you may be punished by fine or imprisonment (U.S. 

Code, title 18, section 1001)." 
ORDINANCE NO. 15 

Page Five 

B. Ap~lication Forms (continued). 

4. The Tribe shall notify in writing existing key employees and 

primary management officials, if any, that they shall either: (a.) 

Complete a new application form that contains a notice regarding 

false statements; or (b.) Sign a statement that contains the notice 

regarding false statements. 

C. Backaround Investiaationg. 

The Tribe shall request from each primary management official 

and from each key employee all of the following information: (a.) 

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

number(s), birth date, place of birth, citizenship, gender, all 

languages (spoken or written); (b.) Currently and for the previous 

five (5) years: Business and employment positions held, 

ownership interests in those businesses, business and residence 

addresses, and drivers; license numbers; (c.) The names and 

current addresses of at least three personal references, including 

one personal reference who was acquainted with the applicant 

during each period of residence listed under paragraph (l)(b) of 

this section: (d.) Current business and residence telephone 

numbers; (e.) A description of any existing and previous business 

relationships with Indian tribes, including ownership interests in 

those businesses; (f.) A description of any existing and previous 

business relationships with the gaming industry generally, 

including ownership interests in those businesses; (g.) The name 

and address of any licensing or regulatory agency with which the 

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

gaming, whether or not such license or permit was granted; (h.) 

For each felony for which there is an ongoing prosecution or a 

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

involved, and the date and disposition if any; (i.) For each 

misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traffic violations), within ten (1 0) years of the date 

of the application, the name and address of the court involved and 
ORDINANCE NO. 15 

Page Six 

C . Backaround lnvestiaations (continued). 

the date and disposition; (j.) For each criminal charge (excluding 

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

criminal charge is within ten (10) years of the date of the 

application and is not otherwise listed pursuant to paragraph 

(l)(h) or (l)(i) of this section, the criminal charge, the name and 

address of the court involved and the date and disposition; (k.) The 

name and address of any licensing or regulatory agency with 

which the person has filed an application for an occupational 

license or permit, whether or not such license or permit was 

granted; (I.) A current photograph; (m.) Any other information the 

Tribe deems relevant; and (n.) Fingerprints consistent with 

procedures adopted by the Tribe according to 25 C.F.R. Section 

522.2(h). 

2. The Tribe shall conduct an investigation sufficient to make a 

determination under subsection D. below. In conducting a 

background investigation, the Tribe or its agent shall promise to 

keep confidential the identity of each person interviewed in the 

course of the investigation. 

Eliaibilitv Determination. The Tribe shall review a person's prior 

activities, criminal record, if any, and reputation, habits and associations 

to make a finding concerning the eligibility of a key employee or primary 

management official for employment in a tribal gaming operation. If the 

Tribe determines that employment of the person poses a threat to the 

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

enhances dangers of unsuitable, unfair, or illegal practices and methods 

and activities in the conduct of gaming, the tribal gaming operation shall 

not employ that person in a key employee or primary management 

official position. 
ORDINANCE NO. 15 

Page Seven 

E. Procedures for Forwardina Applications and Reports for Kev 

Em~lovees and Primarv Manaaement Officials to the National 

lndian Gamina Commission. 

1 . When a key employee or primary management official begins 

work at a gaming operation authorized by this Ordinance, the 

Tribe shall forward to the National lndian Gaming Commission the 

applicant's completed application for employment and conduct the 

background investigation and make the determination referred to 

in subsection D of this section. 

2. The Tribe shall forward the report referred to in subsection F of this 

section to the National lndian Gaming Commission within sixty 

(60) days after an employee begins work or within sixty (60) days 

of the approval of this Ordinance by the Chairman of the National 

lndian Gaming Commission. 

3. The gaming operation shall not employ as a key employee or 

primary management official a person who does not have a 

license after ninety (90) days. 

F. Re~ort to the National lndian Gamina Commission. 

1 . Pursuant to the procedures set out in subsection E of this section, 

the Tribe shall prepare and forward to the National lndian Gaming 

Commission an investigative report on each background 

investigation. An investigative report shall include all of the 

following: 

(a.) Steps taken in conducting a background investigation; (b.) 

Results obtained; (c.) Conclusions reached; and (d.) The bases for 

those conclusions. 
ORDINANCE NO. 15 

Page Eight 

F. Re~orto the National lndian Gamina Commission 

[continuedl 

2. The Tribe shall submit, with the report, a copy of the eligibility 

determination made under subsection D of this section. 

3. If a license is not issued to an applicant, the Tribe: 

(a.) Shall notify the National lndian Gaming Commission; and 

(b.) May forward copies of its eligibility determination and 

investigative report (if any) to the National lndian Gaming 

Commission for inclusion in the lndian Gaming Individuals 

Records System. 

4. With respect to key employees and primary management officials, 

the Tribe shall retain applications for employment and reports (if 

any) of background investigations for inspection by the Chairman 

of the National lndian Gaming Commission or his or her designee 

for no less than three (3) years from the date of termination of 

employment. 

G. Grantina a Gamina License. 

If, within a thirty (30) day period after the National lndian Gaming 

Commission receives a report, the national lndian Gaming 

Commission notifies the Tribe that it has no objection to the 

issuance of a license pursuant to a license application filed by a 

key employee or a primary management official for whom the 

Tribe has provided an application and investigative report to the 

National lndian Gaming Commission, the Tribe may issue a 

license to such applicant. 
ORDINANCE NO. 15 

Page Nine 

G. Grantina a Gamina License (continued). 

2. The Tribe shall respond to a request for additional information 

from the Chairman of the national lndian Gaming Commission 

concerning a key employee or a primary management official who 

is the subject of a report. Such a request shall suspend the thirty 

(30) day period under paragraph G.1. of this section until the 

Chairman of the National lndian Gaming Commission receives the 

additional information. 

3. If, within the thirty (30) day period described above, the National 

lndian Gaming Commission provides the Tribe with a statement 

itemizing objections to the issuance of a license to a key employee 

or to a primary management official for whom the Tribe has 

provided an application and investigative report to the National 

lndian Gaming Commission, the Tribe shall reconsider the 

application, taking into account the objections itemized by the 

National lndian Gaming Commission. The Tribe shall make the 

final decision whether to issue a license to such applicant. 

H. License Sus~ension. 

1 . If, after the issuance of a gaming license, the Tribe receives from 

the national lndian Gaming Commission reliable information 

indicating that a key employee or a primary management official is 

not eligible for employment under subsection D. above, the Tribe 

shall suspend such license and shall notify in writing the licensee 

of the suspension and the proposed revocation. 

2. The Tribe shall notify the licensee of a time and a place for a 

hearing on the proposed revocation.of a license. 

3. After a revocation hearing, the Tribe shall decide to revoke or to 

reinstate a gaming license. The Tribe shall notify the National 

lndian Gaming Commission of its decision. 
ORDINANCE NO. 15 

Page Ten 

VIII. LICENSE LOCATIONS 

The Tribe shall issue a separate license to each place, facility, or 

location on Indian lands where Class II or Class Ill gaming is conducted 

under this Ordinance. 

IX. REPEAL 

To the extent that they are inconsistent with this Ordinance, all prior 

gaming ordinance are hereby repealed, including that enacted on 

May 24, 1983. 

X. FURTHER ENACTMENTS 

This Ordinance is intended to meet the requirements for its approval by 

the Chairman of the National lndian Gaming Commission. However, the 

Tribe reserves the right and intends to establish a Tribal Gaming 

Commission and to take further regulatory stature, or otherwise outside 

the scope of this Ordinance but consistent with this Ordinance. 

Dated: August 3 , 1993 

~ichard M. Milanovich, 

Chairman, Tribal Council 
ORDINANCE NO. 15 

Page Eleven 

CERTIFICATION 

I, the undersigned, the Secretary of the Agua Caliente Band of Cahuilla Indians, 

hereby certify that the Tribal Council is composed of five members of whom 4 , 

ccnstituting a quorum, were present at a meeting whereof, duly called, and noticed, 

convened and held this 3 day of August, 1993; that the foregoing resolution was 

duly adopted at such meeting by roll call vote with no abstentions as follows: 

\ 

Richard M. Milanovich, 

Chairman 

Barbara Gonzales-Lyons, 

Vice Chairman 

J. Patrick Patencio, 

Secretary/Treasurer 

Marcus Pete 

Tribal Council Member 

Lucille G. Torro 

Tribal Council Member 

totaling an affirmative vote of 4- 0 members and that said resolution has not been 

rescinded or amended in any way. 

kZb$-?- Matrick Patencio, Secretary