MAILING ADRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop #1621 Washington, DC 20040 Tel: 202.632.7003 Fax: 

202.632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK; Oklahoma City, OK; Rapid City, SD

WWW.NIGC.GOV

September 20, 2021

VIA E-MAIL

Ned Norris, Jr., Chairman

Tohono O’odham Nation 

P.O. Box 837

Sells, AZ 85634

Re: Tohono O’odham Nation’s Ordinance Amendment

Dear Chairman Norris:

This letter responds to your June 28, 2021 request on behalf of the Tohono O’odham 

Nation for the National Indian Gaming Commission to review and approve the Nation’s

amendments to its gaming ordinance. The amendments were adopted by Resolution #21-208, on 

June 21, 2021, and reflect comprehensive review and revision.

The amendments update the following: 

 the definition of Gaming Device, Gaming Vendor, and Transfer Agreement;

 the Standards of Suitability for TGRA Employees, Board of Directors, 

Gaming Managers, Gaming Vendor, and Gaming Employees; 

 the licensing terms and renewals from 1 year to 2 years;

 added language that allows the Gaming Facility Operator to extend short-term 

credit of no less than $ 2,500.00 that must be repaid within 30 days to patrons 

with sufficient creditworthiness; and 
MAILING ADRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop #1621 Washington, DC 20040 Tel: 202.632.7003 Fax: 

202.632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK; Oklahoma City, OK; Rapid City, SD

WWW.NIGC.GOV

 a revision to exempt Gaming Activities that are conducted in accordance with 

the Ordinance from Title 7, Chapter 15 of the Tohono O’odham Nation Code 

relating to “Gambling and Related Offenses;” and 

 the most notable change is the updated definition of Indian Lands, which is 

now site-specific to Parcel 2, a 54-acre parcel of land that is located in 

Maricopa County, Arizona. 

The amendments are consistent with the Indian Gaming Regulatory Act and

NIGC regulations, and because Parcel 2 is trust land1and was deemed to be gaming 

eligible,2the amended gaming ordinance is therefore approved.

However, I am compelled to note that certain provisions relating to background 

and licensing procedures and notifications of results are broadly stated and lack 

specificity as to the requirements of 25 C.F.R. Parts 556 and 558. Backgrounding and 

licensing requirements are key to ensuring the ongoing integrity of Indian gaming and 

ensuring the protection of Nation’s gaming revenues. I encourage the Nation to continue 

to work with NIGC Region staff to ensure that all of the Part 556 and 558 requirements 

are followed.

These amendments are approved as they are consistent with the requirements of 

the Indian Gaming Regulatory Act and NIGC regulations. If you have any questions or 

require anything further, please contact Rea Cisneros, Associate General Counsel at (202) 

632-7003.

Sincerely,

E. Sequoyah Simermeyer

Chairman

Cc: Joshua Rees, Deputy Attorney General, Tohono O’odham Nation (via e-mail)

 

1 Land Acquisitions; Tohono O’odham Nation, Arizona, 75 Fed. Reg. 52550 (Aug. 26, 2010).

2 See Arizona v. Tohono O’odham Nation, 818 F.3d 549 (9th Cir. 2016).
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

WHEREAS, 

WHEREAS, 

WHEREAS, 

RESOLUTION OF THE TOHONO O'ODHAM LEGISLATIVE COUNCIL 

(Adopting 2021 Gaming Ordinance Amendments) 

RESOLUTION NO. 21-208 

the Constitution of the Tohono O'odham Nation vests the Tohono O'odham 

Legislative Council with "all of the legislative powers vested in the Tohono 

O'odham Nation," including the power to "exercise the inherent powers of the 

Tohono O'odham Nation by providing laws, ordinances or resolutions," to 

authorize, charter, and regulate public and private corporations, and to consult 

"appropriate federal agencies regarding federal activities that affect the Tohono 

O'odham Nation" (Constitution, Article VI, Section 1, l(c), l(e), and 1(1)); and 

consistent with the Indian Gaming Regulatory Act, Public Law 100-497, 25 U.S.C. 

§§ 2701-2721, and by Resolution No. 93 296, the Nation enacted an Ordinance for 

the Regulation of Gaming Activities within the Tohono O'odham Nation (the 

"Gaming Ordinance"), Ordinance No. 93 01, 16 T.O.C. Chapter 1, as amended by 

Resolution No. 97-150, No. 97 168, No. 97 303, No. 99 206, No. 03-084, No. 07-300, 

and No. 11-196; and 

the Commerce Committee recommends that the Legislative Council adopt the 

"2021 Gaming Ordinance Amendments," which are incorporated by this 

16 reference, to illlplement the 2021 Tohono O'odham Nation-State of Arizona 

17 Gaming Compact amendments ("2021 Compact"). 

18 NOW, THEREFORE, BE IT RESOLVED that the Tohono O'odham Legislative Council adopts the 

19 2021 Gaming Ordinance Amendments. 

20 BE IT FINALLY RESOLVED that the chairperson of the Tohono O'odham Nation is authorized and 

21 directed to submit the 2021 Gaming Ordinance Amendments to the National 

22 Indian Gaming Commission chairman within 15 days and to take all other 

23 reasonable and necessary steps to illlplement this resolution. 

24 The foregoing Resolution was passed by the Tohono O'odham Legislative Council on the~ 

25 day of JUNE. 2021 at a meeting at which a quorum was present with a vote of 3,218.0 FOR; ::0.:: 

26 AGAINST; ::0.:: NOT VOTING; and 1D.2J ABSENT, pursuant to the powers vested in the Council by 

27 Article VI, Section 1, l(.c), l(.e_), and 1(1) of the Constitution of the Tohono O'odham Nation, 

28 adopted by the Tohono O'odham Nation on January 18, 1986; and approved by the Acting Deputy 

29 Assistant Secretary- Indian Affairs (Operations) on March 6, 1986, pursuant to Section 16 of the 

30 Act of June 18, 1934 (48 Stat.984). 

31 

32 

33 

34 

35 

36 

37 

38 ,2021 
1 

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3 

4 

5 

6 

7 

8 

9 

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18 

19 

20 

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26 

27 

28 

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37 

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53 

RESOLUTION NO. 21-208 

(Adopting 2021 Gaming Ordinance Amendments) 

Page2of2 

E:?7 w::=; Legg::;retar~ 2021 

Said Resolution was subll}i!:ted for appro to the office of the W"an of the Tohono 

O'odham Nation on the _jjL day of , 2021 at ' o'clock, __/)___ .m., 

pursuant to the provisions of Section 5 Article VII of the Constitution and will become 

effective upon his approval or upon his failure to either approve or disapprove it within 48 

hours of submittal. 

LEGISLATIVE COUNCIL 

islative Chairman 

[~APPROVED onthe -Z..-Z.....-dayof :::S-(p...J1-

[ ) DISAPPROVED at JP ; z,i) o'clock, l, .m. 

r NEDNO}Ifilad 

TOHONO O'ODHAM NATION 

Returned to the Legislative Secretary on the ;}.;;. 

~~ ,2021,at IJ~1o'clock, 

day of 

O<,..---.m. 

Evonne Wilson, Legislative Secretary 

,2021 
ACTION: ADOPTING 2021 GAMING ORDINANCE AMENDMENTS 

MOVED: COUNCILWOMAN JANICE FELIX 

DATE: JUNE 17, 2021 

#OF 

DISTRICT LEGISLATIVE VOTES 

REPRESENTATIVES 

SIFOIDAK 1. MARY LOPEZ 122.8 

245.6 (Ann M. Garcia) 

2. LUCINDA ALLEN 122.8 

(Francis Homewytewa) 

SELLS 1. ARTHUR WILSON 278.25 

556.5 ( ) 

2. EVELYN JUAN-MANUEL 278.25 

(Arvada Liston) 

SCHUKTOAK I. TERESA F. DONAHUE 95.25 

190.5 (Alberta Espinoza) 

2. DELISA M. RAMON 95.25 

(Sharon A. Francisco) 

SAN XAVIER I. DANIEL L.A. PRESTON III 121.3 

242.6 (Racheal Vilson-Stoner) 

2. JANICE FELIX 121.3 

(Adam P. Andrews) 

SAN LUCY 1. JANA MONTANA 121.9 

243.8 (Lorraine M. Eiler) 

2. ROGER MANUEL 121.9 

(Christina Andrews) 

PISINEMO 1. MARIETTA MARTIN 116.35 

232.7 ( ) 

2. EDWARD D. MANUAL 116.35 

(Monica Morgan) 

HICKIWAN I. LOUIS R. LOPEZ 108.3 

216.6 ( ) 

2. SANDRAD. ORTEGA 108.3 

(Dehna M. Garcia) 

GUVO I. GRACE MANUEL 135.35 

270.7 ( ) 

2. CYNTHIA SAAVEDRA 135.35 

(Dallas Lewis) 

GUACHI 1. TIMOTHY L. JOAQUIN 139.25 

278.5 ( ) 

2. VICTORIA HOBBS 139.25 

(Tonya L. Joaquin) 

CHUKUTKUK 1. MARLAKAY HENRY 175.8 

351.6 (Billman Lopez) 

2. VIVIAN JUAN-SAUNDERS 175.8 

(Cornelius Antone) 

BABOQUIVARI 1. ALBERTA}. RAY 194.45 

388.9 (Frances G. Antone) 

2. LEANDER MASE 194.45 

(Francine Schooling) 

TOTAL 3,218.0 

RESOLUTION NO. 21-208 

SECOND: COUNCILWOMAN GRACE MANUEL 

NOT 

FOR AGAINST VOTING ABSENT 

x 

x 

x 

x 

x 

x 

x x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x x 

x 

x I 

x I 

x 

x 

3,218.0 -0- -0- [02] 
ORD.NO. 93-01 (2021 Amendments)

i

ORDINANCE FOR THE REGULATION OF

GAMING ACTIVITIES WITHIN THE TOHONO O'ODHAM NATION

Chapter 1. Findings and Purposes ..............................................................................................1

Section 101. Legislative Findings.....................................................................................1

Section 102. Purposes.......................................................................................................1

Chapter 2. Definitions...............................................................................................................2

Section 201. Definitions....................................................................................................2

Chapter 3. Tribal Ownership and Use of Net Revenues........................................................6

Section 301. Tribal Ownership of Gaming Activities ......................................................6

Section 302. Use of Net Revenues....................................................................................6

Chapter 4. Tohono O'odham Gaming Office. ........................................................................7

Section 401. Establishment of the Gaming Office............................................................7

Section 402. Personnel......................................................................................................7

Section 403. Powers and Duties of the Gaming Office ....................................................9

Section 404. Issuance of Regulations. ............................................................................11

Section 405. Petition for Self-Regulation .......................................................................12

Chapter 5. Gaming Facility Operator's License. .................................................................12

Section 501. Requirement of License .............................................................................12

Section 502. Standards of Suitability..............................................................................12

Chapter 6. Gaming Manager's License.................................................................................13

Section 601. Requirement of License .............................................................................13

Section 602. Standards of Suitability..............................................................................13

Chapter 7. Licenses for Gaming Device Manufacturers, Distributors, Gaming Vendors, 

and Financers. ......................................................................................................15

Section 701. Requirement of License. ............................................................................15

Section 702. Standards of Suitability..............................................................................15

Chapter 8. Gaming Employee's License. ..............................................................................16

Section 801. Requirement of License. ............................................................................16

Section 802. Standards of Suitability..............................................................................16

Chapter 9. License Application Procedure...........................................................................17

Section 901. Application Requirements; Processing......................................................17

Section 902. Fees............................................................................................................19

Section 903. License Terms; Renewal............................................................................20

Section 904. State Certification. .....................................................................................21
ORD.NO. 93-01 (2021 Amendments)

ii

Chapter 10. Background Investigations; Notifications..........................................................21

Section 1001. Background Investigations.........................................................................21

Section 1002. Notification to the National Indian Gaming Commission. ........................22

Chapter 11. Gaming Facility License. .....................................................................................23

Section 1101. Requirement of License .............................................................................23

Section 1102. Standards for Issuance of License..............................................................23

Section 1103. Application for a New or Amended License; Procedure ...........................24

Section 1104. Fees............................................................................................................26

Section 1105. License Terms; Renewal............................................................................26

Chapter 12: Facility Inspection; Investigations; Notice of Violation; Judicial Review. ...27

Section 1201. Facility Inspection......................................................................................27

Section 1202. Investigations.............................................................................................27

Section 1203. Notice of Violation ....................................................................................28

Section 1204. Judicial Review..........................................................................................30

Chapter 13: Gaming Operation. ..............................................................................................31

Section 1301. Scope of Permissible Gaming....................................................................31

Section 1302. Hours, Days, Other Standards....................................................................31

Section 1303. Employee and Player Age Limit................................................................31

Section 1304. Management; Security. ..............................................................................32

Section 1305. Internal Controls ........................................................................................33

Section 1306. Notification ................................................................................................35

Section 1307. Annual Independent Audit.........................................................................35

Section 1308. Public Disclosure of Payoffs......................................................................37

Section 1309. Patron Disputes..........................................................................................37

Section 1310. Play by Employees.....................................................................................38

Section 1311. Financial Services at Gaming Facilities.....................................................39

Section 1312. Advertising Guidelines. .............................................................................39

Chapter 14. Violations and Remedies. ....................................................................................39

Section 1401. Violations...................................................................................................39

Section 1402. Civil Penalties............................................................................................40

Section 1403. Civil Remedies...........................................................................................40

Chapter 15: Transition Provisions...........................................................................................40

Section 1501. Existing Games Lawful..............................................................................40

Section 1502. Repeal of Prior Ordinances and Resolutions.............................................40

Chapter 16. Amendments.........................................................................................................41

Section 1601. Amendments. .............................................................................................41
ORD.NO. 93-01 (2021 Amendments)

1

ORDINANCE FOR THE REGULATION OF GAMING ACTIVITIES

WITHIN THE TOHONO O'ODHAM NATION

Chapter 1. Findings and Purposes.

Section 101. Legislative Findings. The Legislative Council of the Tohono O'odham 

Nation hereby finds:

(a) that the orderly and honest conduct of gaming activities within the Tohono 

O'odham Nation has been and will continue to be of vital importance to the economy of 

the Nation, and to the general welfare of its members;

(b) that the continued growth and success of gaming within the Tohono 

O'odham Nation are dependent upon public confidence and trust that such activities are 

conducted honestly and that they are free from criminal and corrupt elements, and that 

the facilities in which such activities are conducted are designed and maintained to assure 

the safety and comfort of patrons of the gaming activities; 

(c) that such public confidence and trust can only be maintained by the 

comprehensive regulation of all people, practices, and activities related to the operation 

of the Nation's gaming facilities; and 

(d) all of the Nation's establishments where gaming is conducted, and all 

people holding positions of responsibility with respect to any such activity, must 

therefore be licensed, and their activities monitored, to assure that the public health, 

safety, and general welfare of the inhabitants of the Nation and the patrons of its gaming 

facilities are fully protected, and so as to assure the economic success of gaming 

activities within the Nation. 

Section 102. Purposes. This Ordinance is therefore enacted, and shall be interpreted, so 

as to accomplish the following purposes: 

(a) the maintenance of the highest standards of honesty and integrity in the 

operation of any and all gaming activities within the Tohono O'odham Nation;

(b) the maintenance of public confidence and trust in the honesty and integrity 

of such gaming activities, and in the people engaged in such activities;

(c) the maximum reasonable economic return to the Tohono O'odham Nation 

as the owner of gaming facilities within the Nation consistent with the fair and reasonable 

expectations of patrons of such activities and the assurance of their safety and comfort in 

participating in gaming activities; and 
ORD.NO. 93-01 (2021 Amendments)

2

(d) compliance with all applicable laws of the Tohono O'odham Nation and 

the United States of America pertaining to gaming, including but not limited to the Indian 

Gaming Regulatory Act of 1988.

Chapter 2. Definitions.

Section 201. Definitions. In addition to the terms defined in this section, a term defined 

in the Compact shall have the meaning set forth in the Compact.

(a) "Act" means the Indian Gaming Regulatory Act, Public Law 100-497, 25 

U.S.C. §§ 2701 - 2721 and 18 U.S.C. §§ 1166 - 1168, and all regulations promulgated 

pursuant thereto.

(b) "Class I Gaming" means all forms of gaming defined as Class I in section 

4(6) of the Act, 25 U.S.C. § 2703(6).

(c) "Class II Gaming" means all forms of gaming defined as Class II in 

section 4(7) of the Act, 25 U.S.C. § 2703(7).

(d) "Class III Gaming" means all forms of gaming as defined in section 4(8) 

of the Act, 25 U.S.C. § 2703(8).

(e) "Commission" means the National Indian Gaming Commission 

established pursuant to 25 U.S.C. § 2704.

(f) "Compact" means the Tribal-State Compact entered into between the 

Tohono O'odham Nation and the State of Arizona pursuant to section 11(d) of the Act, 25 

U.S.C. § 2710(d). 

(g) "Constitution" means the Constitution of the Nation adopted by the 

Tohono O'odham and approved by the Secretary of Interior on March 6, 1986 pursuant to 

section 16 of the Act of June 18, 1934 (48 Stat. 987, 25 U.S.C. § 476).

(h) "Distributor" means a Person who distributes Gaming Devices and/or 

component parts of Gaming Devices.

(i) "District" means any of the eleven Districts of the Tohono O'odham 

Nation established under in Article IX of the Constitution of the Tohono O'odham 

Nation.

(j) "Gaming Activities" means any forms of Class II and Class III Gaming 

conducted on Indian lands. 

(k) "Gaming Device" or "Electronic Game of Chance" means a fixed location 

or mobile mechanical device, electro-mechanical device or a device controlled by an 
ORD.NO. 93-01 (2021 Amendments)

3

electronic microprocessor or another manner, whether that device would constitute Class 

II Gaming or Class III Gaming, if operated on the Nation , which is used in connection 

with a game of chance, whether or not the outcome of the game is also affected in some 

part by skill, and where the game includes the payment of consideration in the form of

coins, tokens, bills, coupons, ticket vouchers, pull tabs, smart cards, electronic in-house 

accounting system credits or any other forms of consideration and, through the 

application of chance, the player of the game may become entitled to a prize, which may 

be paid in coins, tokens, bills, coupons, ticket vouchers, smart cards, electronic in-house 

accounting system credits or any other forms of value. Gaming Device does not include 

any of the following:

1. Those technological aids used in live bingo games that function 

only as electronic substitutes for bingo cards and cannot substitute 

for the bingo caller.

2. Devices that issue and validate paper lottery products and that are 

directly operated only by Arizona State Lottery licensed retailers 

and their employees.

3. Devices expressly authorized by Arizona statutes and which are 

operated by the Arizona State Lottery that allow a lottery player to 

dispense paper lottery tickets, so long as the devices do not identify 

winning or losing lottery tickets, display lottery winnings or 

disburse lottery winnings.

4. Devices expressly authorized by Arizona statutes and which are 

operated by the Arizona State Lottery that allow a lottery player to

validate paper lottery tickets for a game that does not have a 

predetermined number of winning tickets, if:

(A) The devices do not allow interactive gaming;

(B) The devices do not allow a lottery player to play the lottery 

for immediate payment or reward;

(C) The devices do not disburse lottery winnings; and

(D) The devices are not Video Lottery Terminals, as defined in 

the Compact.

5. Player Activated Lottery Terminals, as defined in the Compact.

(l) "Gaming Employee" means any individual employed as a Primary 

Management Official or Key Employee of a Gaming Operation of the Nation and any 

individual employed in the operation or management of a Gaming Operation, including, 
ORD.NO. 93-01 (2021 Amendments)

4

but not limited to, any individual whose employment duties require or authorize access to 

restricted areas of a Gaming Facility not otherwise open to the public.

(m) "Gaming Facility" means the buildings or structures in which Gaming 

Activities are conducted. 

(n) "Gaming Facility Operator" means the Tribal Enterprise designated by the 

Nation as having the authority and responsibility for conducting Gaming Activities 

within the Nation.

(o) "Gaming Operation" means any Gaming Activities conducted within a 

Gaming Facility.

(p) "Gaming Vendor" means any Person or entity which sells, leases, 

distributes or provides: (1) devices, machines, or equipment used directly in connection 

with Gaming Activity including that which has the capacity to affect the calculation, 

storage, collection, electronic security, or control of gaming revenues; (2) services which 

are unique to the operation of Gaming Activity, including, but not limited to, 

simulcasting and bookmaking; and (3) security or surveillance services or equipment for 

the Gaming Facility. Gaming Vendors include Persons who provide general construction 

contracting, payroll and locks and locksmith services for the Gaming Facility, as well as 

Persons who provide player tracking, player acquisition, promotional, and marketing 

services related to Gaming Activity.

(q) "Indian Lands" means land as defined in 25 U.S.C. § 2703(4)(A) and (B), 

subject to the provisions of 25 U.S.C. § 2719, including, once taken into trust, a parcel of 

land known as “Parcel 2” and more particularly described as: 

THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER 

AND THE WEST HALF OF THE EAST HALF OF THE WEST HALF OF THE 

NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 1 

EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 

MARICOPA COUNTY, ARIZONA; 

EXCEPT THE WEST 360.14 FEET (MEASURED), WEST 360.00 FEET 

(RECORD) OF THE NORTH 484.19 FEET (MEASURED), NORTH 484.00 

FEET (RECORD); AND 

EXCEPT THE NORTH 258.00 FEET OF THE WEST 460.00 FEET OF THE 

WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF 

SAID SECTION 4; AND 

EXCEPT THE NORTH 40.00 FEET, THEREOF; AND
ORD.NO. 93-01 (2021 Amendments)

5

EXCEPT THOSE PORTIONS THEREOF WHICH LIE NORTHERLY OF THE 

FOLLOWING DESCRIBED LINE; 

BEGINNING AT A POINT ON THE NORTH-SOUTH MIDSECTION LINE 

OF SAID SECTION 4, WHICH POINT BEARS SOUTH 01 DEGREES 36 

MINUTES 34 SECONDS WEST (RECORD AS SOUTH 00 DEGREES 16 

MINUTES 56 SECONDS WEST ACCORDING TO ADOT PARCEL 7-4241), 

55.01 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 4; 

THENCE EAST (RECORDED AS NORTH 88 DEGREES 40 MINUTES 28 

SECONDS EAST, ACCORDING TO ADOT PARCEL 7-42410), 503.20 FEET; 

THENCE NORTH (RECORDED AS NORTH 01 DEGREES 19 MINUTES 32 

SECONDS WEST ACCORDING TO ADOT PARCEL 7-4241), 55.00 FEET TO 

THE POINT OF ENDING ON THE NORTH LINE OF SAID SECTION 4, 

WHICH POINT BEARS NORTH 88 DEGREES 40 MINUTES 28 SECONDS 

EAST, 501.66 FEET FROM SAID NORTH QUARTER CORNER OF 

SECTION 4, AS CONVEYED TO THE STATE OF ARIZONA IN DEED 

RECORDED IN RECORDING NO. 86-652262 OF OFFICIAL RECORDS; 

AND 

EXCEPT THAT PARCEL OF LAND LYING WITHIN SAID NORTHEAST 

QUARTER OF SECTION 4 AND BEING A PORTION OF THAT CERTAIN 

PARCEL DESCRIBED IN RECORDING NO. 95-490799 OF OFFICIAL 

RECORDS, DESCRIBED AS FOLLOWS: 

COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 

4; 

THENCE NORTH 88 DEGREES 40 MINUTES 25 SECONDS EAST, ALONG 

THE NORTH LINE OF SAID NORTHEAST QUARTER, 998.19 FEET; 

THENCE SOUTH 00 DEGREES 09 MINUTES 14 SECONDS WEST, 40.01 

FEET TO THE NORTHEAST CORNER OF SAID PARCEL ON THE SOUTH 

LINE OF THE NORTH 40.00 FEET OF SAID NORTHEAST QUARTER AND 

THE POINT OF BEGINNING; 

THENCE SOUTH 00 DEGREES 09 MINUTES 14 SECONDS WEST, ALONG 

THE EAST LINE OF SAID PARCEL, 28.05 FEET; 

THENCE NORTH 68 DEGREES 29 MINUTES 09 SECONDS WEST, 42.26 

FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 51.64 FEET OF 

SAID NORTHEAST QUARTER; 
ORD.NO. 93-01 (2021 Amendments)

6

THENCE SOUTH 88 DEGREES 40 MINUTES 25 SECONDS WEST, ALONG 

SAID SOUTH LINE, 455.83 FEET TO A POINT ON THE EAST LINE OF 

THAT PARCEL CONVEYED TO ARIZONA DEPARTMENT OF 

TRANSPORTATION IN RECORDING NO. 86-652262 OF OFFICIAL 

RECORDS; 

THENCE NORTH 01 DEGREES 19 MINUTES 35 SECONDS WEST, ALONG 

SAID EAST LINE, 11.64 FEET TO A POINT ON THE SOUTH LINE OF THE 

NORTH 40.00 FEET OF SAID NORTHEAST QUARTER; 

THENCE NORTH 88 DEGREES 40 MINUTES 25 SECONDS EAST, ALONG 

THE SOUTH LINE, 495.50 FEET TO THE POINT OF BEGINNING, AS 

CONVEYED TO MARICOPA COUNTY IN DEED RECORDED IN 

RECORDING NO. 99-332877 OF OFFICIAL RECORDS.

(r) "Key Employee" means:

1. Any individual employed by the Gaming Facility Operator who 

performs one or more of the following functions: (i) Bingo caller; 

(ii) Counting room supervisor; (iii) Chief of security; (iv); 

Custodian of gaming supplies or cash; (v) Floor manager; (vi) Pit 

boss; (vii) Dealer; (viii) Croupier; (ix) Approver of credit; (x) 

Custodian of Gaming Devices including any individual with access 

to cash and accounting records within Gaming Devices; 

2. Any individual employed by the Gaming Facility Operator whose 

total cash compensation from his or her employment by the 

Gaming Facility Operator exceeds $50,000 per year; and

3. The four most highly compensated employees of the Gaming 

Facility Operator.

(s) "Legislative Council" means the Legislative Council of the Tohono 

O'odham Nation as established and empowered under Articles IV, V and VI of the 

Constitution of the Tohono O'odham Nation.

(t) "Management Contract" means a management contract within the 

meaning of 25 U.S.C. §§ 2710(d)(9) and 2711.

(u) "Management Contractor" means a Person who has entered into a 

Management Contract with the Gaming Facility Operator which has been approved 

pursuant to 25 U.S.C. §§ 2710(d)(9) and 2711.

(v) "Manufacturer" means a Person that manufactures Gaming Devices and/or 

component parts of Gaming Devices.
ORD.NO. 93-01 (2021 Amendments)

7

(w) "Nation" means the Tohono O'odham Nation organized under the 

Constitution.

(x) "Net Revenues" means the gross gaming revenues of the Gaming Facility 

Operator less amounts paid out as, or paid for, prizes and total operating expenses, 

excluding management fees. 

(y) "Office of Attorney General" means the Office of the Attorney General of 

the Tohono O'odham Nation.

(z) "Ordinance" means this Ordinance for the Regulation of Gaming 

Activities Within the Tohono O'odham Nation which governs the conduct of Gaming 

Activities within the Tohono O'odham Nation, all amendments thereto, and all 

regulations promulgated thereunder.

(aa) "Person" includes natural persons, as well as corporations, limited liability 

companies, partnerships, and other unincorporated associations, societies, or firms. 

(bb) "Primary Management Official" means: (1) the individual having 

management responsibility for a Management Contract; (2) any individual who has 

authority to hire and fire employees or to set up working policy for a Gaming Operation; 

and (3) the chief financial officer or other individual who has financial management 

responsibility for a Gaming Operation.

(cc) "Principal" means with respect to any entity:

1. Each of its officers and directors;

2. Each of its principal management employees, including its chief 

executive officer, its chief financial officer, its chief operating 

officer, and its general manager;

3. Each of its owners or partners, if an unincorporated business;

4. Each of its shareholders who own more than ten (10) 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 (10) percent of 

the total financing of the entity; and

6. Each of the beneficiaries and trustees of a trust.
ORD.NO. 93-01 (2021 Amendments)

8

(dd) "Privacy Act" means the Privacy Act of 1974, as amended (P.L. 93-579, 

as amended; 5 U.S.C. § 552(a), and the obligations and responsibilities placed on the 

United States government under the Privacy Act as applied to the Commission pursuant 

to the Act.

(ee) "State" means the State of Arizona, and its authorized officials, agents, 

and representatives.

(ff) “Transfer Agreement” means a written agreement authorizing the transfer 

of Gaming Device Operating Rights between the Nation and another Indian tribe, which 

may include a written agreement for pooled Gaming Device Operating Rights pursuant to 

Section 3(d)(12) of the Compact, in accordance with the provisions of the Compact.

(gg) "Tribal Enterprise" means a wholly-owned enterprise of the Nation 

authorized and chartered under Section 1(b) or Section 1(e) of Article VI the Nation's 

Constitution, or any other wholly-owned tribal entity, designated by the Nation's 

Legislative Council to be the Gaming Facility Operator.

(hh) “Tribal Gaming Regulatory License” means a license issued pursuant to 

this Ordinance by the Nation’s Human Resources Office to an employee of the Gaming 

Office.

Chapter 3. Tribal Ownership and Use of Net Revenues.

Section 301. Tribal Ownership of Gaming Activities. The Nation shall have the sole 

proprietary interest in and responsibility for the conduct of all Gaming Activities that occur on 

Indian Lands. 

Section 302. Use of Net Revenues. The net revenues received by the Nation from all 

Gaming Activities shall be used exclusively for one or more of the following purposes: 

(a) to fund government operations or programs of the Nation or Districts;

(b) to provide for the general welfare of the Nation and its members; 

(c) to promote the Nation's economic development;

(d) to benefit charitable organizations providing services benefitting the 

Nation or its members;

(e) to help fund operations of local government agencies;

(f) to make per capita payments to enrolled members of the Nation, subject to 

compliance with all applicable laws of the United States and the Nation.
ORD.NO. 93-01 (2021 Amendments)

9

Chapter 4. Tohono O'odham Gaming Office.

Section 401. Establishment of the Gaming Office. There is hereby established the 

Tohono O'odham Gaming Office (hereinafter "the Gaming Office"), as a department within the 

Executive Branch of the Nation, which shall have overall civil regulatory authority over Gaming 

Activities within the Nation and the Gaming Facility Operator as specifically provided in this 

Ordinance.

Section 402. Personnel.

(a) The Gaming Office shall consist of an Executive Director, Inspectors and 

such assistants and other staff as the Executive Director shall determine are required from 

time to time, subject to funding provided by the Legislative Council. All employees of 

the Gaming Office shall act under the authority and supervision of the Executive 

Director. The Assistant Executive Director shall act on behalf of the Executive Director 

in the absence of the Executive Director. No employee of the Gaming Office shall be 

employed by the Gaming Facility Operator. No employee of the Gaming Office shall be 

employed by or hold, directly or indirectly, a financial interest in an organization or entity 

which (i) has entered into a Management Contract with the Gaming Facility Operator; (ii) 

is a Manufacturer or Distributor; (iii) is a Gaming Vendor; or (iv) provides financing to 

the Nation or the Gaming Facility Operator for purposes of conducting Gaming 

Operations within the Nation.

(b) The Executive Director of the Gaming Office shall be appointed by the 

Chairperson of the Nation and shall serve at the pleasure of the Chairperson. The 

appointment shall be subject to approval by a majority vote of the Legislative Council. 

The job performance of the Executive Director shall be reviewed periodically by the 

Nation's Chairperson who shall submit a written report of each such review to the 

Chairperson of the Legislative Council.

(c) The Executive Director shall be an individual (i) of the utmost honesty and 

integrity, (ii) who has not been convicted of any felony or of a misdemeanor involving 

theft or embezzlement or a crime involving moral turpitude, and (iii) whose prior 

activities, reputation, habits, and associations do not pose a threat to the public interest or 

to the effective regulation of Gaming Activities. 

(d) The Executive Director shall be the Nation's designated agent for service 

of any official determination, order or notice of the Commission.

(e) The Gaming Office shall have the right to inspect any Gaming Facility at 

any time and shall have immediate and unrestricted access to any and all areas of a 

Gaming Facility, which it may exercise directly or through such agents or employees as 

determined by the Executive Director. The Executive Director shall notify the Gaming 

Facility Operator of Persons authorized to have immediate and unrestricted access and 

the Executive Director shall periodically update its notification to the Gaming Facility 
ORD.NO. 93-01 (2021 Amendments)

10

Operator of Persons authorized to have immediate and unrestricted access. An Inspector 

shall be present in each Gaming Facility during all hours of Gaming Operation.

(f) The Nation shall not employ any individual in the Gaming Office unless 

the Nation's Human Resources Office has first issued the individual a Tribal Gaming 

Regulatory License. Before issuing a Tribal Gaming Regulatory License, the Nation's 

Human Resources Office shall conduct a background investigation of each applicant for a 

Tribal Gaming Regulatory License, which investigation shall comply with any 

requirements of the Act or the Compact, to ensure that the applicant is qualified for a 

Tribal Gaming Regulatory License. Any individual who is not an enrolled member of the 

Nation also shall be certified by the Arizona Department of Gaming pursuant to the 

Compact before being employed by the Gaming Office. The Nation's Human Resources 

Office shall not issue a Tribal Gaming Regulatory License to any individual, and shall 

revoke any such license issued to any individual, whom it determines:

1. has been convicted of any gaming offense;

2. has been convicted of a felony in the seven (7) years prior to 

submission of the Application unless that felony has been setaside;

3. has ever been convicted of a felony relating to extortion, burglary, 

larceny, bribery, embezzlement, robbery, racketeering, money 

laundering, forgery, fraud, murder, voluntary manslaughter, sex 

offenses, rape or kidnapping;

4. has knowingly and willfully provided materially important false 

statements or information or omitted materially important 

information on his or her license application; or

5. is 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 and control of gaming, or 

create or enhance the dangers of unsuitable, unfair, or illegal 

practices, methods, and activities in the conduct of gaming or the 

carrying on of the business and financial arrangements incidental 

thereto.

(g) The Nation's Human Resources Office shall forward a copy of every 

application for a Tribal Gaming Regulatory License to the Arizona Department of 

Gaming in accordance with Section 5 of the Compact. If the application for a Tribal 

Gaming Regulatory License is denied by the Nation's Human Resources Office, a 

statement setting forth the grounds for denial shall be forwarded to the Arizona 

Department of Gaming together with all other documents relied upon by the Nation's 

Human Resources Office, to the extent allowed by law. The Nation's Human Resources 
ORD.NO. 93-01 (2021 Amendments)

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Office shall afford the Arizona Department of Gaming an opportunity for a hearing 

before an appropriate forum of the Nation, pursuant to Sections 5(q)(2) and 5(q)(3) of the 

Compact, to contest a licensing decision of the Nation's Human Resources Office or to 

recommend suspension or revocation of a license issued by the Nation's Human 

Resources Office. The decision of the tribal forum shall be final.

Section 403. Powers and Duties of the Gaming Office. Subject to all of the provisions 

of this Ordinance, the Gaming Office shall have the following powers and duties, which it may 

exercise directly or through such agents or employees as determined by the Executive Director:

(a) to have and to exercise full responsibility for the regulation of Gaming 

Activities within the Nation, as provided in this Ordinance, the Act, and the provisions of 

the Compact; 

(b) to enter any Gaming Facility at any time to inspect (1) the Gaming 

Facility, (2) its employees and operations, (3) its equipment and supplies, and (4) its 

business records, books of account, and any and all other financial records or documents 

pertaining to the business operations of the Gaming Facility Operator (regardless of 

where those records or documents may be located) and to make summaries or copies of 

any and all such records or documents to ensure compliance with the provisions of this 

Ordinance, the Compact or the Act;

(c) to investigate any aspect of Gaming Activities or the Gaming Facility 

Operator necessary: to protect the public interest in the integrity of Gaming Activities 

and the integrity of the Gaming Facility Operator; to assure that the Gaming Facility 

Operator is accountable for and able to protect its assets; to prevent improper or unlawful 

conduct in the course of Gaming Activities, financial accounting or money handling of 

the Gaming Facility Operator; and to investigate any report of a failure of any Gaming 

Operation, the Gaming Facility Operator, or any Person to comply with the provisions of 

this Ordinance, the Compact or the Act; 

(d) to issue a notice of violation to any Person for violating provisions of this 

Ordinance, the Compact, or the Act and to impose civil penalties for such violations, in 

accordance with the provisions of this Ordinance; 

(e) to require any Person whom the Gaming Office determines has violated 

any provisions of this Ordinance to correct the violation upon such terms and conditions 

as the Gaming Office determines to be appropriate;

(f) to issue subpoenas and compel the attendance of witnesses at any place 

within the Nation, to administer oaths and to require testimony under oath; 

(g) to summarily seize, remove, or impound any equipment, supplies, 

documents, or records of the Gaming Facility Operator or found in a Gaming Facility so 

that it may examine such items; 
ORD.NO. 93-01 (2021 Amendments)

12

(h) to review any proposed Management Contract, Transfer Agreement or 

proposed lease of land for the site of a Gaming Facility to determine whether the contract, 

agreement or lease complies with all applicable laws and regulations and to make 

recommendations regarding the terms of any proposed Management Contract, Transfer 

Agreement or lease to the Nation's Chairperson;

(i) to establish a list of individuals who, because of their criminal history or 

their association with career offenders or career offender organizations, pose a threat to 

the integrity of Gaming Activities, and who shall be barred from all Gaming Facilities 

within the Nation;

(j) to remove from any Gaming Facility and the surrounding premises 

controlled by the Gaming Facility Operator any individual barred from the Nation's 

Gaming Facilities as provided in Section 403(i);

(k) to approve the rules of Gaming Activities prior to implementation by the 

Gaming Facility Operator; 

(l) to approve the system of internal controls required in Section 1305 prior to 

implementation by the Gaming Facility Operator, and to issue regulations addressing 

compliance with the approved system of internal controls;

(m) to perform background investigations on every applicant for a license 

under this Ordinance, including all applicants for positions of employment with the 

Gaming Facility Operator; 

(n) to approve or deny applications for licenses or to limit, condition, restrict, 

revoke, or suspend any license which it has granted; 

(o) to issue licenses and employee identification cards in the form designated 

by the Gaming Office, which cards shall include a photograph, the employee's first and 

last name, a unique identification number, the Nation's seal, and an expiration date; 

(p) to issue regulations limiting or restricting the access of Persons who are 

not Gaming Employees to the non-public areas of a Gaming Facility;

(q) to detain individuals who may be involved in illegal activities, for purposes 

of notifying and summoning appropriate law enforcement authorities; and

(r) to do all other things reasonably necessary to protect the integrity of Gaming 

Activities, financial accounting and money handling and for the proper and efficient 

fulfillment of the powers and responsibilities of the Gaming Office under this Ordinance, 

the Compact, or the Act.
ORD.NO. 93-01 (2021 Amendments)

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Section 404. Issuance of Regulations.

(a) The Gaming Office shall from time to time promulgate and issue 

regulations governing any aspect of its responsibilities under this Ordinance, which, so 

long as they are in furtherance of and not in conflict with any provision of this Ordinance, 

shall have the force of law. Without limitation, the matters to be addressed by such 

regulations may include the following:

1. the time and manner for applying for a Gaming Facility Operator's 

License under this Ordinance, and the specific information to be 

provided in connection with such application, including 

information necessary for adequate assessment of the applicant's 

background, and the manner in which such applications will be 

processed;

2. the procedure by which applicants for licenses under this 

Ordinance shall apply for such licenses, including the information 

to be provided by the applicant necessary for adequate assessment 

of the applicant's background, and the manner in which such 

applications will be processed; and

3. the specific types of accounting, security, accessibility to nonpublic areas, recordkeeping and reporting measures required by 

this Ordinance, the Compact or the Act to be in place and 

functioning at any Gaming Facility licensed under this Ordinance.

(b) Except in emergency situations addressed in subsection (c) below, prior to 

promulgating a final regulation the Gaming Office shall publish the regulation in 

proposed form. The proposed regulation shall be provided directly to the Chairperson of 

the Nation, the Chairperson of the Legislative Council, the Chairperson and each member 

of the Commerce Committee of the Legislative Council, the Office of the Attorney 

General, the office of each District Chairperson, the Gaming Facility Operator and to any 

other interested Person or interested office or agency of the Nation. The proposed 

regulation shall be accompanied by a notice stating that the Gaming Office will accept 

written comments on the proposed regulations for a set period of time, which shall be no 

less than thirty (30) days following the date the Gaming Office publishes the proposed 

regulations. As used in this section, the term "publish" shall mean publication in 

newspaper(s) of general circulation within the Nation and posting in each of the Nation's 

District offices. In the event of significant public interest with respect to any regulation, 

the Gaming Office may hold one or more public hearings prior to issuing a final 

regulation. The Gaming Office shall give notice of any hearing in the manner set forth 

above, and also shall mail a notice directly to any Person submitting comments on the 

proposed regulation. Except as provided in subsection (c) of this section, the Gaming 

Office shall not issue a final regulation until it has reviewed all comments received by the 
ORD.NO. 93-01 (2021 Amendments)

14

close of the comment period, as well as all presentations made at any hearing held 

pursuant to this subsection.

(c) In the event the Gaming Office determines that an immediate rule-making 

is necessary to avoid serious jeopardy to the integrity of any Gaming Activities within the 

Nation, or otherwise to deal with an emergency situation affecting the responsibilities of 

the Gaming Office, the Gaming Office may, upon making an express written finding as to 

such emergency, issue a final regulation to take effect immediately; provided, that the 

Gaming Office shall publish notice and request comments on such regulation in the same 

manner as is provided above, and upon consideration of any comments received, shall 

make such amendments to such final regulation as the Gaming Office deems appropriate.

(d) All final regulations adopted by the Gaming Office shall be officially filed 

with the Secretary of the Legislative Council, the Office of the Chairperson, and the 

Office of the Attorney General.

(e) Any regulations modified in accordance with Section 1305(c) are exempt 

from the provisions of subsections (b) and (c) of this Section.

Section 405. Petition for Self-Regulation. As soon as the Gaming Office determines 

that the Nation is eligible therefor, the Gaming Office shall submit to the Commission an 

application for a Certificate of Self-Regulation, under the provisions of 25 U.S.C. § 2710(c)(4). 

The Gaming Office shall do everything necessary and appropriate to obtain such Certificate and 

to maintain the Certificate in good standing.

Chapter 5. Gaming Facility Operator's License.

Section 501. Requirement of License. Before a Tribal Enterprise designated as the

Gaming Facility Operator may conduct Gaming Activities, it shall first obtain a Gaming Facility 

Operator's License from the Gaming Office. Each individual appointed to be a member of the 

Board of Directors of any such Tribal Enterprise shall obtain a Gaming Facility Operator's 

License from the Gaming Office before his or her appointment is submitted to the Legislative 

Council for approval.

Section 502. Standards of Suitability.

(a) Tribal Enterprise. The Gaming Office shall not issue a Gaming Facility 

Operator's License under this Chapter to a Tribal Enterprise unless the Gaming Office is 

satisfied that the Tribal Enterprise is established and organized pursuant to a plan of 

operation adopted by the Legislative Council.

(b) Board of Directors. The Gaming Office shall not issue a Gaming Facility 

Operator's License under this Chapter to a member of the Board of Directors of a Tribal 

Enterprise established by the Legislative Council to conduct a Gaming Operation if the 

Gaming Office determines that such individual:
ORD.NO. 93-01 (2021 Amendments)

15

1. has been convicted of any gaming offense;

2. has been convicted of a felony in the seven (7) years prior to 

submission of the Application unless that felony has been setaside;

3. has ever been convicted of a felony relating to extortion, burglary, 

larceny, bribery, embezzlement, robbery, racketeering, money 

laundering, forgery, fraud, murder, voluntary manslaughter, sex 

offenses, rape or kidnapping;

4. has knowingly and willfully provided materially important false 

statements or information or omitted materially important 

information on his or her license application; or

5. is 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 and control of gaming, or 

create or enhance the dangers of unsuitable, unfair, or illegal 

practices, methods, and activities in the conduct of gaming or the 

carrying on of the business and financial arrangements incidental 

thereto.

Chapter 6. Gaming Manager's License.

Section 601. Requirement of License. No Person shall function as the general manager 

of the Gaming Facility Operator without first obtaining a Gaming Manager's License from the 

Gaming Office. In the case of a Person other than an individual, each Principal of such entity 

must obtain a Gaming Manager's License from the Gaming Office. 

Section 602. Standards of Suitability.

(a) Individuals. The Gaming Office shall not issue a Gaming Manager's 

License under this Chapter to an individual if it determines that the individual:

1. has been convicted of any gaming offense;

2. has been convicted of a felony in the seven (7) years prior to 

submission of the Application unless that felony has been setaside;

3. has ever been convicted of a felony relating to extortion, burglary, 

larceny, bribery, embezzlement, robbery, racketeering, money 
ORD.NO. 93-01 (2021 Amendments)

16

laundering, forgery, fraud, murder, voluntary manslaughter, sex 

offenses, rape or kidnapping;

4. has knowingly and willfully provided materially important false 

statements or information or omitted materially important 

information on his or her license application; or

5. is 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 and control of gaming, or 

create or enhance the dangers of unsuitable, unfair, or illegal 

practices, methods, and activities in the conduct of gaming or the 

carrying on of the business and financial arrangements incidental 

thereto.

(b) Corporations, Partnerships, and Other Entities. 

4. The Gaming Office shall not issue a Gaming Manager's License 

under this Chapter to a corporation, partnership, or other entity 

unless it is satisfied that the entity:

(A) is organized and in good standing under the laws of the 

jurisdiction where it was established, and is qualified to do 

business within the Nation and the State of Arizona;

(B) is in sound financial condition, as shown by a financial 

statement certified by a certified public accountant to be a 

fair presentation in all material respects of the financial 

position and results of operations and cash flows of the 

entity in conformity with generally accepted accounting 

principles;

(C) is not now and has not been in the past five years the 

subject of any criminal investigation by any federal or state 

law enforcement authority, as shown by an affidavit of 

Principals of the entity having personal knowledge thereof;

(D) has established a reputation for financial integrity and 

sound business practices, or, if the entity was recently 

formed, that all Persons having any role in its formation, 

including Persons supplying financing, are Persons 

qualified to be licensed individually under the terms of this 

Chapter; and
ORD.NO. 93-01 (2021 Amendments)

17

(E) in all other respects will be reliable and trustworthy, and 

whose involvement in Gaming Activities within the Nation 

will be in the best interests of the Nation.

2. The Gaming Office shall not issue a Gaming Manager's License 

under this Chapter to any corporation, partnership, or other entity unless the entity:

(A) Agrees to maintain an office within the Nation as a 

condition of maintaining its license; and

(B) Agrees to give the Gaming Office notice within ten days of 

any change in its Principals, of any change in the location 

of its office(s), and of any material change in the 

information disclosed in its application for its license. 

Chapter 7. Licenses for Gaming Device Manufacturers, Distributors, Gaming Vendors, 

and Financers.

Section 701. Requirement of License. Each Manufacturer and each Distributor of 

Gaming Devices shall be licensed by the Gaming Office before selling or leasing any Gaming 

Devices to the Gaming Facility Operator. Each Gaming Vendor who provides goods or services 

to a Gaming Facility Operator in excess of $10,000 in a single month also shall be licensed by 

the Gaming Office before providing goods or services to the Gaming Facility Operator provided, 

however, that the Gaming Office may waive the requirement of a license for any Gaming Vendor 

eligible for waiver pursuant to Appendix J of the Compact, or for any other prospective licensee 

under this section if it determines licensing is not necessary to protect the public interest. 

Provided that a Person is otherwise in compliance with the Certification procedures under the 

Compact, an Ancillary Services Provider shall not otherwise be required to be licensed 

separately by the Gaming Office. Likewise, Gaming Vendors providing good or services to a 

Gaming Facility Operator in an amount less than $10,000 in any single month shall not be 

required to be licensed so long as the Gaming Vendor otherwise complies with the Certification 

procedures under the Compact. Any waivers issued by the Gaming Office will be in effect for 

two years unless withdrawn earlier by the Gaming Office. In addition, any Person extending or 

guarantying financing for a Gaming Operation or Gaming Facility shall be licensed by the 

Gaming Office, unless the Person is an agency of the United States or a lending institution 

licensed and regulated by the State or the United States, or is otherwise eligible for a waiver

pursuant to Appendix J of the Compact. 

Section 702. Standards of Suitability.

(a) Individuals. The Gaming Office shall not issue a license under this 

Chapter to an individual if it determines that the individual: 

1. has been convicted of any gaming offense;
ORD.NO. 93-01 (2021 Amendments)

18

2. has been convicted of a felony in the seven (7) years prior to 

submission of the Application unless that felony has been setaside;

3. has ever been convicted of a felony relating to extortion, burglary, 

larceny, bribery, embezzlement, robbery, racketeering, money 

laundering, forgery, fraud, murder, voluntary manslaughter, sex 

offenses, rape or kidnapping;

4. has knowingly and willfully provided materially important false 

statements or information or omitted materially important 

information on his or her license application; or

5. is 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 and control of gaming, or 

create or enhance the dangers of unsuitable, unfair, or illegal 

practices, methods, and activities in the conduct of gaming or the 

carrying on of the business and financial arrangements incidental 

thereto.

(b) Corporations, Partnerships, and Other Entities.

1. The Gaming Office shall not issue a license under this Chapter to 

any corporation, partnership, or other entity unless the Gaming 

Office is satisfied that the entity:

(A) is organized and in good standing under the laws of the 

jurisdiction where it was established, and is qualified to do 

business within the Nation and the State of Arizona;

(B) is in sound financial condition, as shown (at a minimum) 

by a financial statement certified by the entity's chief 

executive officer (or equivalent) to be a fair presentation in 

all material respects of the financial position and results of 

operations of the entity;

(C) has established a reputation for financial integrity and 

sound business practices, or, if the entity was recently 

formed, that all Persons having a role in its formation, 

including its Principals, are qualified to be licensed 

individually under the terms of this Chapter; and

(D) is in all other respects reliable and trustworthy, and whose 

involvement in Gaming Activities within the Nation will be 
ORD.NO. 93-01 (2021 Amendments)

19

in the best interests of the Nation as set forth in this 

Ordinance.

2. The Gaming Office shall not issue a license under this Chapter to 

any corporation, partnership, or other entity unless the entity 

agrees to give the Gaming Office notice within ten days of any 

change in its Principals, of any change in the location of its 

office(s), and of any material change in the information disclosed 

in its application for its license. 

Chapter 8. Gaming Employee's License.

Section 801. Requirement of License. Every Gaming Employee of the Gaming Facility 

Operator shall be licensed by the Gaming Office before commencing employment. For purposes 

of this Chapter, the Gaming Facility Operator may compensate a potential employee for 

attending basic training and orientation sessions conducted outside of a Gaming Facility without 

that individual being considered to have commenced employment. 

Section 802. Standards of Suitability. The Gaming Office shall not issue a Gaming 

Employee's License under this Chapter to an individual if it determines that the individual:

(a) has been convicted of any gaming offense;

(b) has been convicted of a felony in the seven (7) years prior to submission 

of the Application unless that felony has been set-aside;

(c) has ever been convicted of a felony relating to extortion, burglary, larceny, 

bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, 

voluntary manslaughter, sex offenses, rape or kidnapping;

(d) has knowingly and willfully provided materially important false 

statements or information or omitted materially important information on his or her 

license application; or

(e) is 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 

and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal 

practices, methods, and activities in the conduct of gaming or the carrying on of the 

business and financial arrangements incidental thereto.
ORD.NO. 93-01 (2021 Amendments)

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Chapter 9. License Application Procedure.

Section 901. Application Requirements; Processing.

(a) Each applicant for a license under Chapters 5, 6, 7, and 8 of this 

Ordinance shall submit an application to the Gaming Office on the appropriate form 

prescribed by the Gaming Office accompanied by the required fee and such supporting 

information as the Gaming Office may require.

1. The Gaming Office will conduct background investigations and 

issue licenses for Primary Management Officials and Key 

Employees according to requirements that are at least as stringent 

as those contained in 25 C.F.R. parts 556 and 558. To accomplish 

the necessary background investigation the Gaming Office shall 

request from Primary Management Officials and Key Employees 

all of the following information: 

(A) Full name, including any aliases (oral or written) by which 

applicant has ever been known;

(B) Social security number;

(C) Date and place of birth, gender, current citizenship, and all 

languages spoken or written;

(D) Currently and for the five previous years: business and 

employment positions held, affiliations or relationships 

with any business or ventures including positions as 

officers or directors, ownership interests in any business or 

venture, business and residence addresses, and drivers 

license numbers; 

(E) The names and current addresses of at least three personal 

references, including one personal reference who was 

acquainted with the applicant while he resided at each 

address listed on the application; 

(F) Educational history;

(G) Current business and residence telephone numbers;

(H) A description of any existing and previous business 

relationships with Indian tribes, including ownership 

interests in those businesses;
ORD.NO. 93-01 (2021 Amendments)

21

(I) A description of any existing and previous business 

relationships with the gaming industry generally, including 

ownership interests in those businesses;

(J) The name and address of any licensing or regulatory 

agency with which the individual has filed an application 

for a license or permit related to gaming, whether or not 

such license or permit was granted;

(K) The name and address of any licensing or regulatory 

agency with which the individual has filed an application 

for an occupational license or permit, whether or not such 

license or permit was granted;

(L) All criminal proceedings to which the applicant has been a 

party, except for minor traffic offenses, and a description of 

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

and the disposition of the charge and the date of disposition 

(if any).

(M) A set of fingerprints; 

(N) A current photograph; and

(O) A complete and accurate financial disclosure statement.

2. In addition to any other information the Gaming Office may deem 

pertinent, the Gaming Office may require a corporation, 

partnership, or other entity applying for a license to provide the 

following information with an application for a license:

(A) The name, address, and other additional pertinent 

background information on each of its Principals;

(B) The name, address, and other additional pertinent 

background information on each of its related, associated, 

or affiliated Persons; 

(C) A description of any previous experience that the entity and 

each Principal has had with other Indian tribes involving 

gaming (including under any management contracts) or 

with the gaming industry generally, including specifically 

the name and address of any licensing or regulatory agency 

with which such individual has had contact relating to 

gaming; and
ORD.NO. 93-01 (2021 Amendments)

22

(D) A complete financial statement of each Principal.

(b) The Gaming Office and its staff may assist any applicant in assembling all 

information required for processing of the application, but shall not be required to process 

any application until it is complete. The Gaming Office may, at any time after an 

application is submitted, make a written request that an applicant supply any additional 

information the Gaming Office deems necessary to complete the processing of the 

application and the applicant shall comply with such a request forthwith.

(c) The Gaming Office will conduct necessary background investigations 

when issuing licenses. The background investigation requirements will be at least as 

stringent as those found in 25 C.F.R. parts 556 and 558. The license application forms 

used by the Gaming Office shall contain the notice required under the Privacy Act and 

the notice regarding false statements in the form required by the Commission under 25 

C.F.R. Part 556, and each applicant shall consent in writing to the release of any 

information that may be relevant to the Gaming Office's inquiry into the applicant's 

background from any Person. The Gaming Office shall keep confidential any and all 

information it obtains in the course of investigating an application (including the identity 

of all individuals interviewed in the course of the investigation) and shall comply with all 

applicable laws pertaining to the confidentiality of such information. The Gaming Office 

shall not release such information to any other individual or agency (other than 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 request by a tribe or the 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) without the applicant's 

consent, or pursuant to an order of court or other body of competent jurisdiction.

(d) The Gaming Office shall issue a written decision on each application. The 

written decision of the Gaming office shall constitute final action of the Gaming Office 

on such application. If the Gaming Office denies an application for a license, the 

decision shall specify the reason for such denial.

Section 902. Fees. The Gaming Office shall collect the following fees in connection

with the processing of applications and the issuance of licenses:

(a) Gaming Facility Operator's License:

1. Initial application fee:

(A) Tribal Enterprise: $50,000.00.

(B) Member, Board of Directors: $200.00. 
ORD.NO. 93-01 (2021 Amendments)

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2. Annual renewal fee: 

(A) Tribal Enterprise: $50,000.00.

(B) Member, Board of Directors: $100.00.

(b) Gaming Manager's License:

1. Initial application fee: $1,000.00. 

2. Annual renewal fee: $500.00.

(c) Licenses for Gaming Device Manufacturers, Distributors, Gaming 

Vendors, and Financers.

1. Initial application fee:

(A) Manufacturer/Distributor of Gaming Devices: $2,000.00.

(B) Gaming Vendors: $200.00.

(C) Third Party Financer: $2,000.00.

2. Annual renewal fee:

(A) Manufacturer/Distributor of Gaming Devices: $1,000.00.

(B) Gaming Vendors: $100.00.

(C) Third Party Financer: $1,000.00.

(d) Gaming Employee's License:

1. Initial application fee: $25.00.

2. Annual renewal fee: $10.00.

(e) Other Fees. The Gaming Office may by regulation modify the schedule of 

fees in this Section or prescribe such other fees as it deems appropriate.

Section 903. License Terms; Renewal.

(a) Each Gaming Employee's License issued by the Gaming Office shall have 

a primary term of two (2) years and may be renewed for subsequent two-year periods 

upon the timely submission of a completed application on the forms specified by the 

Gaming Office. Each license issued by the Gaming Office for Management Contractors, 
ORD.NO. 93-01 (2021 Amendments)

24

Financiers, Manufacturers and Distributors of Gaming Devices, and Gaming Vendors, 

shall be effective for two (2) years from the date of issuance and may be renewed for 

subsequent two-year periods upon the timely submission of a completed application on 

the forms specified by the Gaming Office. No licensee shall have any vested right to 

renewal of any license issued under this Ordinance. 

(b) The Gaming Office shall issue a temporary license to an applicant within 

20 days after receiving a completed application for licensing under Chapter 5, 6, 7, or 8 

of this Ordinance, unless (1) grounds sufficient to disqualify the applicant are apparent on 

the face of the application, (2) the background investigation undertaken by the Gaming 

Office discloses that the applicant may have a criminal history sufficient to disqualify the 

applicant from holding a license, or (3) the background investigation undertaken by the 

Gaming Office discloses other information that may be sufficient to disqualify the 

applicant from holding a license. A temporary license shall become void and shall be of 

no effect upon either the issuance of a license or upon the issuance of a notice of denial of 

the license in accordance with the provisions of this Ordinance.

Section 904. State Certification. Every Person required to be licensed under this 

Ordinance also shall comply with the state certification requirements of the Compact, if 

those requirements are applicable to the Person. Within the time requirements 

established by the Compact, the Gaming Office shall forward to the Arizona Department 

of Gaming a report of final disposition of the licensing actions of the Gaming Office. 

The Gaming Office shall afford the Arizona Department of Gaming an opportunity for a 

hearing before an appropriate forum of the Nation, pursuant to Sections 5(q)(2) and 

5(q)(3) of the Compact, to contest a licensing decision of the Gaming Office or to 

recommend suspension or revocation of a license issued by the Gaming Office. The 

decision of the tribal forum shall be final, except as provided in Section 5(q)(4) of the 

Compact.

Chapter 10. Background Investigations; Notifications.

Section 1001. Background Investigations.

(a) The Gaming Office shall at all times have in place, and shall regularly 

update and improve, a system for conducting background investigations of every 

applicant for licensing under this Ordinance. The system shall comply with the 

requirements of this Ordinance, the Compact and the Act, and shall include, at a 

minimum, the use of records of all available tribal, state and federal law enforcement 

agencies, resources of the Commission, communications with other Indian tribes engaged 

in gaming activities, and any and all other sources of information reasonably accessible to 

the Gaming Office for this purpose. The system shall ensure that all applicants are 

notified of their rights under the Privacy Act as specified in 25 C.F.R. Part 556.

(b) Every applicant for licensing under this Ordinance shall be subjected to a 

thorough background investigation, and such investigations shall be updated upon 
ORD.NO. 93-01 (2021 Amendments)

25

application for renewal of a license, and at such other times as the Gaming Office may 

determine appropriate.

(c) The Gaming Office shall prepare a background investigation report on 

every applicant for licensing under this Ordinance which shall include all of the 

following:

1. Steps taken in conducting a background investigation;

2. Results obtained;

3. Conclusions reached; and

4. The bases for those conclusions.

(d) The Gaming Facility Operator shall pay the initial application fees 

required by Section 902(d) of this Ordinance and the initial application fees required by 

Section 5(l) of the Compact for each Gaming Employee hired by the Gaming Facility 

Operator. If an individual applicant for a Gaming Employee license or certification fails 

to report to work for the Gaming Facility Operator or leaves the employment of the 

Gaming Facility Operator within one year of initial hire, the Gaming Facility Operator 

may recover from the applicant the fees it paid for the applicant's initial licensing and 

certification, by setting off any sums it owes to the applicant against the fees paid, by 

bringing suit in the Tohono O'odham Judicial Court to recover the fees, or by any other 

lawful manner. The Gaming Facility Operator shall not be required to pay initial 

application fees for the same individual applicant for a Gaming Employee license or 

certification more than one time. If an individual applies for a Gaming Employee license 

or certification more than once, whether because the individual did not complete the 

application process, because the individual failed to renew a license or certification, or 

otherwise, the Gaming Facility Operator may require the individual applicant to pay the 

license and certification fees incurred for the subsequent applications. The Gaming 

Facility Operator shall pay any required renewal fees for licensing and certification for 

each Gaming Employee who remains in the employment of the Gaming Facility 

Operator.

(e) The Gaming Office shall maintain files containing the results of any 

background investigations conducted by it for the longer of: (i) three years from the date 

of a Gaming Employee's termination of employment, with respect to the files for a 

Gaming Employee; or (ii) the term of record retention required by the Compact. Such 

files shall contain systems designed to safeguard the identities of confidential informants 

from inadvertent disclosure.

Section 1002. Notification to the National Indian Gaming Commission.

(a) Within the time required by the Commission, the Gaming Office shall 

transmit to the Commission licensing information on Primary Management Officials and 
ORD.NO. 93-01 (2021 Amendments)

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Key Employees as required by the Commission. After the Gaming Office completes its 

background investigation for a Primary Management Official or Key Employee, and 

within the time requirements established by the Commission, the Gaming Office shall 

provide to the Commission, as required by the Commission, a report on the results of the 

background investigation. If the Gaming Office receives any information from the 

Commission concerning the applicant, it shall take that information into account in its 

action on the application. The Gaming Office shall notify the Commission if the Gaming 

Office does not license an applicant.

(b) Upon issuing a license to a Primary Management Official or Key 

Employee under this Ordinance, the Gaming Office shall give notice thereof to the 

Commission. If the Gaming Office receives information from the Commission indicating 

that a Primary Management Official or Key Employee does not meet the standards 

established in this Ordinance or in the Act for issuance of such a license, the Gaming 

Office shall immediately suspend such license and give written notice of the suspension 

to the licensee. The Gaming Office shall also notify the licensee that the licensee has 15 

days following receipt of the notice of suspension to request that the Gaming Office 

reconsider the notice of suspension. Upon such request for reconsideration, the Gaming 

Office shall consider such oral statement(s) or written documentation as the licensee may 

present to the Gaming Office at the time and place designated by the Gaming Office. 

Within 15 days of receipt of such statement(s) or documentation, or the licensee's request 

for reconsideration, whichever is later, the Gaming Office shall issue a written decision. 

The written decision of the Gaming Office shall constitute final action of the Gaming 

Office. The Gaming Office shall notify the Commission of its decision.

Chapter 11. Gaming Facility License.

Section 1101. Requirement of License. No Gaming Activities shall be conducted in any 

Gaming Facility, place or location unless the Gaming Office first has issued a Gaming Facility 

License for the Gaming Facility, place or location under the provisions of this Chapter. The 

Gaming Facility Operator shall not offer any new or different Gaming Activities, as defined by 

regulations to be issued by the Gaming Office, at any facility or location that is already licensed, 

without first obtaining an amended license for such new and different Gaming Activities from 

the Gaming Office. 

Section 1102. Standards for Issuance of License. The Gaming Office shall not issue a 

Gaming Facility license for any facility at which Gaming Activities are to be offered unless the 

Gaming Facility meets the following requirements:

(a) the physical facility within which the Gaming Activities are to be 

conducted is designed and constructed in compliance with the laws of the Nation, the 

requirements of the Compact and the requirements of the Act, so as to ensure the health 

and safety of all employees and patrons of such activities, and the protection of the 

natural environment from any contamination due to discharge of waste or unreasonable 

disturbance of the land surface;
ORD.NO. 93-01 (2021 Amendments)

27

(b) the Gaming Activities to be conducted within the Gaming Facility will 

lawfully be carried on by the Nation under the Compact and the Act, and the facilities are 

appropriate to the carrying on of such activities; 

(c) the Gaming Facility Operator will adequately staff and equip the Gaming 

Facility to ensure the safety, comfort and convenience of the patrons thereof, and the 

Gaming Facility Operator has taken adequate measures to provide for traffic, emergency 

service accessibility, food, drink and sanitary needs for patrons and employees, security, 

law enforcement and other concerns raised by the type of Gaming Activities proposed to 

be undertaken in compliance with this Ordinance, the Compact and the Act;

(d) the Gaming Facility Operator has entered into a Management Contract or 

has made provision for management of the facility under terms and provisions that ensure 

that the Gaming Activities will be carried out in a manner consistent with the 

requirements of this Ordinance, that the contracting party or parties have received 

appropriate licenses issued under the provisions of this Ordinance, and that all employees 

hold Gaming Employee's Licenses issued under the provisions of this Ordinance; and

(e) in all other relevant respects, the Gaming Facility will be operated in a 

way that is fully consistent with the provisions of this Ordinance, and that its operation 

will further the interests of the Nation with respect to its operation of Gaming Activities. 

Section 1103. Application for a New or Amended License; Procedure.

(a) The Nation requires a Gaming Facility License for each Gaming Facility, 

place or location on Indian Lands where gaming will occur. The Gaming Office will only 

issue licenses for Gaming Facilities, places or locations that are located on Indian lands.

The Gaming Facility Operator shall obtain a new or amended Gaming Facility License 

before commencing operations at a new facility or commencing new activity at a licensed 

facility for which an amended license is required.

(b) The Gaming Office shall prescribe the information required to be 

submitted with such applications, but at a minimum, such application for licensing a new 

facility shall include the following: 

1. the name, specific position and job description of all 

individuals to be employed as Primary Management 

Officials or Key Employees at the facility;

2. job descriptions for every other position in which 

individuals will be employed at the facility;
ORD.NO. 93-01 (2021 Amendments)

28

3. a detailed description of the Gaming Activities to be 

engaged in at the facility, together with expected payouts to 

winners;

4. a description of the internal controls, plan of organization 

and all coordinate methods and measures for the 

safeguarding of assets, ensuring the accuracy and reliability 

of its accounting data, promoting operational efficiency and 

encouraging adherence to prescribed managerial policies;

5. detailed plans for the facility, including landscaping, traffic 

controls, parking, food and drink services, and other 

physical aspects of the building;

6. a detailed description of how security will be maintained at 

the facility, identifying the Persons, agencies or entities that 

will provide such security; 

7. a detailed description of how gaming proceeds will be 

accounted for and disposed of on a daily basis; 

8. a copy of any proposed Management Contract or other 

contractual arrangement by which the activities at the 

facility are to be managed; 

9. a description of provisions for dealing with fire or other 

potential emergencies at the facility;

10. a detailed description of how sewage and other waste 

products from the facility will be handled and disposed of; 

and

11. any other information relevant to the proposed operation of 

the facility or requested by the Gaming Office as part of the 

application. 

(c) An application for an amended license to conduct new or different 

Gaming Activities at a licensed location or to otherwise alter the terms or conditions of 

an existing license, shall, at a minimum, include the following information: 

1. any change in information previously provided in the 

original license application or any previous application for 

an amended license for the Gaming Facility;
ORD.NO. 93-01 (2021 Amendments)

29

2. a detailed description of the changes in the Gaming Facility 

or in the activities to be carried on therein for which the 

amended license is required, together with a statement of 

the reasons for such change;

3. if a proposed change will require any change in the existing 

Management Contract with respect to the Gaming Facility, 

a copy of the proposed amendment to such contract or new 

contract; and

4. any other information relevant to the changes or new 

activities requiring the amendment. 

(d) In its decision to license any Gaming Facility, or to amend any existing 

license to permit the conduct of new or different Gaming Activities at a licensed facility, 

the Gaming Office may specify, consistent with the provisions of this Ordinance, terms 

or conditions it believes necessary or appropriate to ensure the health and safety of 

patrons and employees of any such facility, the integrity of the Gaming Activities carried 

on at such facility, the Gaming Facility Operator’s ability to account for and protect its 

assets, and the security of gaming proceeds. If dissatisfied with any such condition, the 

applicant may request that the Gaming Office reconsider its determination. Upon such 

request for reconsideration, the Gaming Office shall issue a written decision within 15 

days of its receipt of the request for reconsideration. The written decision of the Gaming 

Office shall constitute final action of the Gaming Office.

Section 1104. Fees.

(a) The Gaming Facility Operator shall pay an annual fee of $600.00 per 

Gaming Device in operation to the Nation in connection with the Gaming Office's 

processing of applications and the issuance of Gaming Facility licenses.

(b) The Gaming Facility Operator shall pay the required annual fee in equal 

quarterly installments, the first of which shall be payable within 15 days of receipt of 

notice of approval of the Gaming Facility License. The remaining installments shall be 

paid on the first day of each succeeding calendar quarter calculated at the rate imposed 

under subsection (a) then in effect for the number of gaming devices in operation on the 

date each quarterly installment is due.

(c) The Gaming Office may by regulation prescribe such other fees as it 

deems appropriate. 

Section 1105. License Terms; Renewal.
ORD.NO. 93-01 (2021 Amendments)

30

Each Gaming Facility License issued by the Gaming Office shall be for a term of one 

year. Such license may be renewed for subsequent one-year terms upon proper application on 

forms specified by the Gaming Office. 

Chapter 12: Facility Inspection; Investigations; Notice of Violation; Judicial Review. 

Section 1201. Facility Inspection.

The Gaming Office shall, no less than quarterly and at such other times as required by 

applicable law, cause detailed inspections to be made of each Gaming Facility licensed under the 

provisions of this Ordinance, to assure that such facility is being operated in accordance with the 

terms of the license and of the provisions of this Ordinance, the Compact and the Act.

Section 1202. Investigations.

(a) The Gaming Office shall investigate any reported violation of this 

Ordinance, the Compact or the Act. The Gaming Office shall also investigate any 

reported violation of the Compact’s appendices when the Gaming Office determines that 

an investigation is reasonably necessary to ensure the integrity of gaming, the protection 

of persons and property, and compliance with the Compact. 

(b) The Gaming Office shall make a written record of reported violations in 

accordance with the requirements of Section 6(e) of the Compact. The Gaming Office 

shall make reports of its investigations to the Arizona Department of Gaming in 

accordance with the requirements of Section 6(g) of the Compact. 

(c) The Gaming Office shall issue a written warning of its preliminary 

determination of violation to any licensee alleged to have committed a violation and to 

the Gaming Facility Operator. The warning shall require the licensee and/or the Gaming 

Facility Operator, as appropriate, to correct the violation upon such terms and conditions 

as the Gaming Office determines are necessary and proper under the provisions of this 

Ordinance.

(d) If a licensee fails to correct a violation within the time set forth in a 

warning issued under Section 1202(c), the licensee shall file, and the Gaming Facility 

Operator may file, with the Gaming Office a written response to the warning within 7 

days of receiving the warning. Following receipt of the responses, the Gaming Office 

shall complete its investigation into the alleged violation. The Executive Director shall 

issue a notice of violation if the Gaming Office determines that a licensee violated or is 

violating the Ordinance, the Compact or the Act and has failed to correct the violation 

within the time set forth in a warning issued under Section 1202(c). The Executive 

Director also may issue a notice of violation if the Gaming Office determines that a 

Person other than a licensee violated or is violating the Ordinance, the Compact or the 

Act. 
ORD.NO. 93-01 (2021 Amendments)

31

Section 1203. Notice of Violation.

(a) The Gaming Office shall deliver the notice of violation to the Person the 

Gaming Office is charging with a violation of this Ordinance, the Compact or the Act. 

The Gaming Office shall also deliver a copy of each notice of violation relating to a 

Gaming Facility (including any violation alleged to have been committed by an 

employee, vendor, or patron) to the Gaming Facility Operator, with any redactions 

necessary to avoid disclosure of any information which the Gaming Office is obligated to 

keep confidential under any applicable privacy laws, including Section 901(c) of this 

Ordinance. 

(b) A notice of violation shall contain:

1. a citation to the Ordinance, regulation, Compact provision, 

minimum internal control standard, or federal law that has been or 

is being violated;

2. a description of the circumstances surrounding the violation, set 

forth in common and concise language;

3. notice of any action that the Gaming Office proposes must be 

taken to correct the violation, if the Gaming Office determines that 

the violation is capable of being corrected;

4. notice of the time frame within which any action to correct the 

violation must be taken, unless the Gaming Office determines that 

the violation is incapable of being corrected;

5. notice of any civil fine or other enforcement action that the 

Gaming Office proposes to impose in accordance with Section 

1203(e) of the Ordinance as a result of the violation; 

6. notice that a written response to the notice of violation must be 

submitted to, and received by, the Gaming Office within 15 days 

of the receipt of the notice of violation; and

7. notice that, if no written response to the notice of violation is 

submitted to the Gaming Office within the time prescribed in 

Section 1203(b)(6), the Gaming Office may issue its final decision 

regarding the violation alleged in the notice and impose a civil fine 

or take the enforcement action set forth in the notice without 

hearing from the Person to whom the notice was issued or from the 

Gaming Facility Operator. 
ORD.NO. 93-01 (2021 Amendments)

32

(c) The Person(s) to whom a notice of violation is issued and the Gaming 

Facility Operator each may submit a written response to the Gaming Office together with 

any additional written information the Gaming Office should consider. A Person desiring 

to submit a written response and any supporting documentation must do so within 15 

days after receiving notice of the alleged violation. The Gaming Office shall issue a 

written decision within 15 days after receiving all written responses or, if no party 

submits a written response in a timely manner, within fifteen days after the deadline for 

the submission of written responses. The written decision shall constitute final action of 

the Gaming Office with respect to any notice of violation. Except as provided in Section 

1203(d), the Gaming Office shall take no action to enforce a notice of violation until it 

issues its written decision. 

(d) Notwithstanding the requirements of Section 1202(c), if the Gaming 

Office determines that the Ordinance, the Compact, or the Act have been violated and the 

continued licensing of, or conduct by, a Person constitutes an immediate and substantial 

threat to: the public health, safety or welfare; the integrity of Gaming Activities; the 

integrity of the Gaming Facility Operator; the Gaming Facility Operator's ability to 

account for and protect its assets; or to the security of gaming proceeds, the Gaming 

Office may: 

1. summarily suspend any license issued under this Ordinance;

2. summarily eject any Person who has violated the Ordinance, the 

Compact, or the Act from a Gaming Facility or the surrounding 

premises controlled by the Gaming Facility Operator, using such 

force as may be reasonably necessary under the circumstances; 

3. summarily seize the proceeds of any Gaming Activities not 

conducted by the Gaming Facility Operator; 

4. summarily seize, remove, or impound any equipment, supplies, 

business records, books of account, or any and all other financial 

records or documents pertaining to the business operations of a 

Gaming Facility (regardless of where those records or documents 

may be located). If the Gaming Office seizes, removes, or 

impounds any business records, books of account, or other 

financial records or documents of the Gaming Facility Operator, it 

shall provide the Gaming Facility Operator with a copy of any 

such items upon receiving a written request for copies from the 

Gaming Facility Operator; or

5. upon consultation with the Nation's Attorney General, initiate in 

the Judicial Court of the Tohono O'odham Nation a civil action or 

criminal complaint to enforce the Ordinance, the Compact, or the 

Act, which action may include a request for an order permitting the 
ORD.NO. 93-01 (2021 Amendments)

33

Gaming Office to seize a Gaming Facility or to seize the proceeds 

from Gaming Activities. 

(e) After the Gaming Office renders a decision in accordance with Section 

1203(c), if the Gaming Office has determined that the Ordinance, the Compact, or the 

Act have been violated, it may take one or more of the following actions, as may be 

appropriate under the circumstances:

1. require remedial action to correct the violation and/or prevent 

future violations; 

2. suspend or revoke the license of the Person to whom the notice of 

violation was directed;

3. assess a civil penalty in accordance with the provisions of this 

Ordinance; or

4. upon consultation with the Nation's Attorney General, initiate in 

the Judicial Court of the Tohono O'odham Nation a civil action or 

criminal complaint to enforce the Ordinance, the Compact, or the 

Act, which action may include a request for an order permitting the 

Gaming Office to seize a Gaming Facility or to seize the proceeds 

from Gaming Activities. 

Section 1204. Judicial Review.

(a) Any Person who has been issued a notice of violation by the Executive

Director of the Gaming Office and who has submitted a written response to the Gaming 

Office in compliance with the provisions of Section 1203(c) of this Chapter may apply to 

the Judicial Court of the Tohono O'odham Nation for review of the Gaming Office's

written decision regarding the alleged violation. If the Gaming Facility Operator submits 

a written response to the Gaming Office in compliance with the provisions of Section 

1203(c), it also may apply to the Judicial Court of the Tohono O'odham Nation for 

review of the Gaming Office's written decision regarding the alleged violation. 

(b) Any applicant for a license under this Ordinance, any Person licensed 

pursuant to this Ordinance, and any patron of a Gaming Operation aggrieved by a final 

action of the Gaming Office may apply to the Judicial Court of the Tohono O'odham 

Nation for review of the final action of the Gaming Office. 

(c) Any Person desiring to appeal a final decision of the Gaming Office must 

file an application for judicial review within 60 days after receiving notice from the 

Gaming Office of its final decision. 
ORD.NO. 93-01 (2021 Amendments)

34

(d) A Person aggrieved by a summary action taken by the Gaming Office 

under Section 1203(d) may seek an interlocutory review of the Gaming Office's action by 

filing an application for judicial review. The application for judicial review must be filed 

within 15 days after receiving notice of the Gaming Office's action. 

(e) The reviewing court shall decide all relevant questions of law presented, 

interpret constitutional and statutory provisions, and determine the basis for the action of 

the Gaming Office. The reviewing court shall uphold the action of the Gaming Office 

unless the court determines that the Gaming Office's action was:

1. Arbitrary, capricious, an abuse of discretion, or otherwise not in 

accordance with law;

2. Contrary to constitutional right, power, privilege, or immunity;

3. In excess of statutory jurisdiction, authority, or limitations, or in 

violation of statutory right;

4. Without observance of procedure required by law; or

5. Unsupported by substantial evidence.

Chapter 13: Gaming Operation.

Section 1301. Scope of Permissible Gaming. The Gaming Facility Operator may 

conduct only those Gaming Activities which may lawfully be carried on by the Nation under 

applicable provisions of federal law including, but not limited to, the Act, subject to any 

limitations which may be imposed by the Compact and this Ordinance.

Section 1302. Hours, Days, Other Standards. Consistent with the provisions of the 

Compact, the Gaming Office may by regulation establish the permissible hours and days of 

operation of Gaming Activities. The regulations may authorize the Gaming Facility Operator to 

operate Gaming Facilities and conduct Gaming Activities twenty-four hours a day, seven days a 

week. The Gaming Office also may, by regulation, establish other standards of operation for

such Gaming Facilities, as the Gaming Office deems appropriate. 

Section 1303. Employee and Player Age Limit. No Person under 21 years of age shall 

play or place any wager, directly or indirectly, in any Gaming Activity. Neither the Gaming 

Office nor the Gaming Facility Operator shall employ any individual under 18 years of age. The 

Gaming Facility Operator shall not permit any individual under 21 years of age to serve 

alcoholic beverages at any Gaming Facility, unless otherwise permitted under State law. The 
ORD.NO. 93-01 (2021 Amendments)

35

Gaming Office may by regulation establish measures by which the Gaming Facility Operator 

shall enforce the provisions of this section.

Section 1304. Management; Security.

(a) The Gaming Facility Operator shall have the responsibility for the on-site 

operation, management and security of each Gaming Facility, and shall comply with all 

requirements of this Ordinance, the Compact and the Act. The Gaming Facility Operator 

shall adopt reasonable procedures, consistent with this Ordinance, the Compact and the 

Act, designed to provide for the following: the physical safety of its employees; the 

physical safety of patrons in each Gaming Facility; the physical safeguarding of, and 

accountability for, assets transported to and from each Gaming Facility and each cashier's 

cage department; and the protection of the patrons' and the Gaming Facility Operator's 

property from illegal activity. The Gaming Facility Operator shall adopt reasonable 

procedures, consistent with Section 3(v)(2) of the Compact, to advise individuals who 

inquire about the self-exclusion procedures established by the State. The Gaming 

Facility Operator shall, consistent with Section 3(v)(2) of the Compact: remove all 

self-excluded persons from all mailing lists and revoke any slot or player’s cards; take 

reasonable steps to ensure that cage personnel check a person’s identification against the 

Arizona Department of Gaming’s list of self-excluded persons before allowing the person 

to cash a check or complete a credit card cash advance transaction; take reasonable steps 

to identify self-excluded persons who may be in a Gaming Facility and, once identified, 

promptly escort the self-excluded person from the Gaming Facility; and not pay any 

hand-paid jackpot to a person who is on the Tribal or State self-exclusion list. Any 

jackpot won by a person on the self-exclusion list shall be donated by the Gaming 

Facility Operator to an Arizona-based non-profit charitable organization. 

(b) The Gaming Facility Operator may temporarily or permanently ban 

individuals from the Nation's Gaming Facilities and the surrounding premises controlled 

by the Gaming Facility Operator for such reasons as the Gaming Facility Operator shall 

determine appropriate. The Gaming Facility Operator may detain individuals briefly for 

purposes of obtaining identification from the individuals in connection with the issuance 

of a banning notice and may detain individuals who may be involved in illegal activities, 

for purposes of notifying and summoning appropriate law enforcement authorities. If the 

Gaming Facility Operator requests that an individual leave a Gaming Facility or the 

surrounding premises for any reason and the individual refuses to do so, the Gaming 

Facility Operator may eject the individual using such force as may be necessary under the 

circumstances or request the Tohono O'odham Police Department to remove the 

individual. 

(c) The Gaming Facility Operator shall pay to the Arizona Department of 

Gaming the Nation’s regulatory costs and tribal contributions required under Section 12 

of the Compact, in accordance with the directives of the Legislative Council.
ORD.NO. 93-01 (2021 Amendments)

36

(d) The Gaming Facility Operator shall designate an agent for service of any 

official determination, order or notice of the Commission.

Section 1305. Internal Controls.

(a) The Gaming Office shall by regulation establish minimum standards of 

internal control applicable to the Gaming Facility Operator and the Gaming Facilities that 

provide a level of control that equal or exceed the standards required by the Act and the 

Compact to provide reasonable assurance that the following objectives will be 

maintained: 

1. Assets are safeguarded and accountability over assets is 

maintained;

2. Liabilities are properly recorded and contingent liabilities are 

properly disclosed;

3. Financial records including records relating to revenues, expenses, 

assets, liabilities, and equity/fund balances are accurate and 

reliable;

4. Transactions are performed in accordance with the general or 

specific authorization of the Gaming Facility Operator's 

management;

5. Access to assets is permitted only in accordance with the specific 

authorization of the Gaming Facility Operator's management;

6. Recorded accountability for assets is compared with actual assets 

at frequent intervals and appropriate action is taken with respect to 

any discrepancies; and

7. Functions, duties and responsibilities are appropriately segregated 

and performed in accordance with sound practices by qualified 

personnel.

(b) The Gaming Facility Operator shall operate each Gaming Facility 

pursuant to a written internal control system in accordance with the requirements of 

Section 11 of the Compact. The Gaming Facility Operator shall adopt policies and 

procedures and a plan of organization to implement the minimum internal control 

standards established by the Gaming Office. The Gaming Office shall ensure that the 

Gaming Facility Operator’s policies and procedures are consistent with the approved 

minimum internal control standards prior to implementation of the policies and 

procedures by the Gaming Facility Operator. The policies and procedures shall include a 

detailed system for counting cash receipts at least daily, and shall be appropriate to the 
ORD.NO. 93-01 (2021 Amendments)

37

types of Gaming Activities carried on at each Gaming Facility and the physical 

characteristics of the systems used for collecting cash. The plan of organization shall 

provide appropriate segregation of functional responsibilities and shall require sound 

practices to be followed in the performance of those duties by competent and qualified 

personnel. The plan of organization shall be diagrammatic and narrative describing the 

interrelationship of functions and the division of responsibilities upon which the system 

of internal control relative to gaming operations is based.

(c) The Gaming Facility Operator shall provide the Gaming Office with 

copies of its policies and procedures and plan of organization and any proposed changes 

before implementation. Within 7 days after submission by the Gaming Facility Operator, 

the Gaming Office shall issue a letter approving the policies and procedures and a plan of 

organization or any approved changes unless the policies and procedures and plan of 

organization or any proposed changes (or any part thereof) are inconsistent with the 

minimum internal control standards. If the policies and procedures and plan of 

organization or any proposed changes (or any part thereof) are inconsistent with 

minimum internal control standards, the Gaming Office shall issue a letter of disapproval, 

which shall set forth the inconsistencies in detail. 

(d) The minimum internal control standards may be modified by the Gaming 

Office in the manner set forth in Section 404, or in the manner set forth below. The 

Gaming Office shall inform ADOG in writing of any changes to the Nation's minimum 

internal control standards. 

1. The Gaming Office may propose modifications to the minimum 

internal control standards by providing written notice of the 

proposed changes to the Gaming Facility Operator and the date the 

Gaming Office proposes to have the changes be effective. The 

Gaming Facility Operator shall submit any comments on the 

proposed changes to the minimum internal control standards to the 

Gaming Office within thirty (30) days after receiving notice of the 

proposed changes from the Gaming Office. The Gaming Office 

shall not issue a final regulation modifying the minimum internal 

control standards until it has reviewed and considered the Gaming 

Facility Operator's comments. The Gaming Office's decision to 

modify any minimum internal control standards shall constitute 

final action of the Gaming Office. 

2. The Gaming Facility Operator may propose changes to the 

minimum internal control standards by providing written notice of 

the proposed changes to the Gaming Office and the date the 

Gaming Facility Operator proposes to have the changes be 

effective. The Gaming Office shall review the proposed changes 

within 30 days after receiving them from the Gaming Facility 

Operator and shall notify the Gaming Facility Operator in writing 
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38

whether it approves or does not approve of the proposed changes. 

If the Gaming Office approves the proposed changes, its notice of 

approval shall set forth the date on which the proposed changes 

will become effective. The Gaming Office's decision to approve or 

disapprove any proposed changes shall constitute final action of 

the Gaming Office. 

(e) The Gaming Facility Operator shall provide written notice to the Gaming 

Office identifying all bank accounts maintained by the Gaming Facility Operator by bank 

and account number and identifying by name all individuals with authority to sign on 

each account. The Gaming Facility Operator shall provide written notice to the Gaming 

Office of any changes to this information within five business days of any changes. 

Section 1306. Notification. The Gaming Facility Operator shall promptly notify the 

Gaming Office of any non-compliance with the minimum internal control standards, the 

Ordinance, the Compact or the Act or any other matters adversely affecting the integrity of 

Gaming Activities or the integrity of the Gaming Facility Operator. The Gaming Facility 

Operator shall promptly notify the Gaming Office of any employee termination and the reason 

for the termination.

Section 1307. Annual Independent Audit.

(a) The Gaming Facility Operator shall prepare financial statements for its 

operations in accordance with generally accepted accounting principles on a regular basis 

and shall provide the Gaming Office with copies of those financial statements. 

(b) Within 110 days after the end of each fiscal year, the Gaming Facility 

Operator shall provide the Gaming Office with an audit of its financial statements for the 

prior year, along with any reports or management letter(s) the accountant has prepared. 

The audit shall be conducted by an independent certified public accountant in accordance 

with generally accepted auditing standards. Either the firm or all independent certified 

public accountants engaged to do audits pursuant to this Section shall be licensed by the 

Arizona State Board of Accountancy. The audit shall be prepared at the Gaming Facility 

Operator's expense. The auditor shall prepare an audit report expressing an unqualified 

or qualified opinion on the financial statements or, if appropriate, disclaim an opinion on 

the financial statements taken as a whole. The examination and audit shall disclose 

whether the accounts, records, internal controls, and accounting procedures of the 

Gaming Facility Operator are in compliance with the Act. The audit shall comply with 

the requirements of Section 12(g) of the Compact; it shall audit and report the Nation’s 

Class III Net Win. It shall also include or be supplemented with an attestation by the 
ORD.NO. 93-01 (2021 Amendments)

39

auditor that Class III Net Win is accurately reported consistent with the terms of Compact 

Appendix I. 

(c) All gaming related contracts that result in purchases of supplies, services, 

or concessions in an amount exceeding $25,000 in any year (except contracts for 

professional legal or accounting services) shall be specifically included within the scope 

of the audit conducted under this section.

(d) To facilitate the completion of such audits, the Gaming Facility Operator 

shall make and maintain complete, accurate, and legible records of all transactions 

pertaining to any Gaming Activities and any other revenue producing activities 

conducted by the Gaming Facility Operator at or in conjunction with any Gaming 

Facility. The Gaming Facility Operator shall maintain its financial records in accordance 

with generally accepted accounting principals and shall keep those records in a form 

suitable for audit under the standards of the American Institute of Certified Public 

Accountants. The Gaming Facility Operator shall maintain the records, as well as all 

original entry transaction records, until the later of five years from the date on which they 

are made or the term of record retention required by the Compact. The records shall be 

maintained at a Gaming Facility or in other locations approved by the Gaming Office. 

(e) The Gaming Facility Operator shall maintain: 

1. Accurate, complete, legible and permanent records of all 

transactions pertaining to the Gaming Operation in a manner 

suitable for audit under the standards of the American Institute of 

Certified Public Accountants;

2. General accounting records using a double entry system of 

accounting with transactions recorded on a basis consistent with 

Generally Accepted Accounting Principles;

3. Detailed supporting and subsidiary records;

4. Detailed records identifying revenues, expenses, assets, liabilities 

and fund balances or equity for the Gaming Operation;

5. All records required by the internal control system including, but 

not limited to, those relating to any Gaming Activity authorized by 

this Compact;

6. Journal entries for the Gaming Operation;

7. Detailed records sufficient to accurately reflect gross income and 

expenses relating to its operations on a monthly and year-to-date 

basis;
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8. Detailed records of any reviews or audits, whether internal or 

otherwise, performed in addition to the annual audit required in 

this Section, including, but not limited to, management advisory 

letters, agreed upon procedure reviews, notices of non-compliance 

and reports on the internal control system; and

9. Records of any proposed or adjusting entries made by an 

independent certified public accountant.

(f) The Gaming Facility Operator shall use a uniform chart of accounts and 

accounting classifications to assure consistent and effective disclosure of financial 

information and shall submit to the Gaming Office a copy of any changes to its chart of 

accounts. 

(g) The Gaming Office, when it deems necessary, may request additional 

information regarding the Gaming Facility Operator's financial statements, its audits, or 

both from the Gaming Facility Operator. The Gaming Office also may require the 

Gaming Facility Operator to have its independent accountant provide such information to 

the Gaming Office. If the Gaming Facility Operator receives any written 

communications from its independent accountant regarding internal control matters, the 

Gaming Facility Operator shall provide copies of those communications to the Gaming 

Office within thirty days after receiving the communications. 

(h) The Gaming Office shall provide copies of the Gaming Facility Operator's 

annual reports and management letters setting forth the results of the annual audit to the 

Commission within 120 days after the end of each fiscal year for the Gaming Facility 

Operator and to the State in accordance with the requirements of the Compact. The 

Gaming Office shall cooperate with the Commission and the State with respect to any 

additional information the Commission or the State may request. 

Section 1308. Public Disclosure of Payoffs. The Gaming Facility Operator shall display 

at all times in each Gaming Facility a schedule of payoff information for all Gaming Activities 

conducted in the Gaming Facility. The Gaming Facility Operator shall post the information in a 

location accessible to patrons and in a manner clearly visible to patrons. The Gaming Facility 

Operator shall regularly update the posted information to reflect any changes in Gaming 

Activities or in payoffs.

Section 1309. Patron Disputes.

(a) Refusal to Pay Winnings. Whenever the Gaming Facility Operator refuses 

payment of alleged winnings to a patron or there is otherwise a dispute with a patron 

regarding that patron’s wins or losses from Gaming Activity, and the Gaming Facility 

Operator and the patron are unable to resolve the dispute to the satisfaction of the patron:
ORD.NO. 93-01 (2021 Amendments)

41

1. If the dispute involves five hundred dollars ($500) or more, the 

Gaming Facility Operator shall immediately notify the Gaming 

Office and shall inform the patron of his or her right to file a 

complaint with the Gaming Office requesting that it investigate. 

2. If the dispute involves less than five hundred dollars ($500), the 

Gaming Facility Operator shall inform the patron of his or her right 

to file a complaint with the Gaming Office requesting that it 

investigate. 

(b) Complaint. If a patron files a complaint with the Gaming Office alleging 

that the Gaming Facility Operator has failed to pay winnings owed to the patron, the 

Gaming Office shall promptly provide a copy of the complaint to the Gaming Facility 

Operator. Within 15 days after notifying the Gaming Office of a patron dispute or within 

15 days after receiving from the Gaming Office a copy of a complaint filed by a patron, 

whichever is later, the Gaming Facility Operator shall file with the Gaming Office a 

written statement setting forth its position regarding the dispute. The Gaming Office 

shall cause a full investigation to be made of the patron's allegations and the Gaming 

Facility Operator's response, and shall determine whether the patron’s complaint is valid, 

whether the patron is entitled to any relief, and if so, the relief to which the patron is 

entitled.

(c) Notice to Patrons. The Gaming Office shall mail written notice by 

certified mail, return receipt requested, to the Gaming Facility Operator and the patron of 

its decision resolving the dispute within 30 days after the date that the Gaming Office is 

notified of a dispute by the Gaming Facility Operator or a request to conduct an 

investigation from the patron, whichever is later.

(d) Effective Date of Decision. The decision of the Gaming Office is 

effective on the date it is received by the aggrieved party as reflected on the return 

receipt.

(e) Review of Decision. Within 30 days after the date of receipt of the written 

decision, the aggrieved party may file a petition with the Gaming Office requesting a 

review of the decision. The Gaming Office may set a hearing on the matter or may make 

a decision based on the record previously developed and other documentation provided to 

it by the patron and the Gaming Facility Operator. The Gaming Office shall then issue a 

written decision within 60 days of the filing of the petition and mail it to the parties by 

certified mail, return receipt requested. This written decision of the Gaming Office shall 

be the final decision of the Gaming Office, subject to the provision for judicial review in 

Section 1204(c).

Section 1310. Play by Employees. No Primary Management Official, Key Employee, 

member of the board of directors of the Gaming Facility Operator, or Management Contractor, 

and no employee of the Gaming Office, shall play or place any wager, directly or indirectly, in 
ORD.NO. 93-01 (2021 Amendments)

42

any Gaming Activities. The Gaming Facility Operator shall take reasonable steps to prevent 

such individuals from playing or placing wagers in Gaming Activities.

Section 1311. Financial Services at Gaming Facilities. The Gaming Facility Operator is 

prohibited from: 

(a) Locating an automatic teller machine (“ATM”) adjacent to, or in close 

proximity to, any Gaming Device;

(b) Locating in a 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;

(c) Accepting checks or other non-cash items issued pursuant to a state or 

federal program that is intended to provide for needy families or individuals; and

(d) In connection with gaming, from extending credit to any patron of a 

Gaming Facility for Gaming Activity by accepting IOUs or markers from its patrons, 

except that short-term credit may be extended to certain qualified patrons with sufficient 

creditworthiness as referenced in the credit appendix to cover the amount of the credit 

extended (not less than two thousand five hundred dollars ($2,500) to be repaid within 

thirty (30) days); provided that the Tribe complies with all applicable federal law and all 

provisions of a credit appendix.

Section 1312. Advertising Guidelines. In accordance with the requirements of Section 

3(x)(3) of the Compact, the Gaming Facility Operator shall adopt and shall comply with 

guidelines for the advertising and marketing of Gaming Activities that are no less stringent than 

those contained in the American Gaming Association’s general advertising guidelines.

Chapter 14. Violations and Remedies. 

Section 1401. Violations. It shall be a violation of this Ordinance for any Person to:

(a) conduct or operate any Gaming Activities within the Nation except as 

provided in this Ordinance;

(b) receive, distribute, apply or direct any property, funds, proceeds or other 

asset of any Gaming Activities to the benefit of any individual or other Person except as 

authorized by this Ordinance or by any duly enacted Resolution of the Legislative 

Council;

(c) tamper with any equipment used in the conduct of Gaming Activities with 

the intent to cause any Person to win or lose any wager other than in accordance with the 

publicly announced rules of such Gaming Activities;
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(d) do any other act in connection with the conduct of any Gaming Activities 

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

publicly announced rules of such Gaming Activities; 

(e) participate as a player in any Gaming Activities if such individual is 

prohibited under Section 1303 or Section 1309 from participating in such Gaming 

Activities; 

(f) participate as a player in any Gaming Activities while such individual is 

listed as an individual barred from the Nation's Gaming Facilities as provided in Section 

403(i); 

(g) to conduct Gaming Activities within the Nation without complying with 

the terms and conditions of the Ordinance, the Compact, or the Act; 

(h) to intentionally misrepresent a material fact to the Gaming Office or 

intentionally falsify any business records of the Gaming Facility Operator or report 

required by this Ordinance, the Compact or the Act; and 

(i) to fail to comply with any other provision of this Ordinance. 

Section 1402. Civil Penalties. Any Person who violates any provision of this Ordinance, 

the Compact, or the Act is subject to civil penalties, including exclusion from any Gaming 

Facility, exclusion from the Nation if the Person is a not an enrolled member of the Nation, or a 

civil fine of not more than $10,000.00 for each such violation.

Section 1403. Civil Remedies. The Gaming Office may in the name of the Nation bring 

any civil action in the courts of the Nation to enforce the provisions of this Ordinance, the 

Compact, or the Act or to enjoin or otherwise prevent any violation of this Ordinance, the 

Compact, or the Act occurring within the territorial jurisdiction of the Nation.

Chapter 15: Transition Provisions.

Section 1501. Existing Games Lawful. Subject to the provisions of the Compact and 

notwithstanding any other provision of this Ordinance, any Gaming Facilities otherwise legally 

situated within the Nation, and Gaming Activities carried on at such facilities as of the date on 

which this Ordinance becomes effective, shall be lawful until the day that is 120 days after the 

date on which applications for licenses of such facilities and personnel are due to be submitted to 

the Gaming Office established hereunder; provided, that the Gaming Office may, upon 

application by the Gaming Facility Operator, extend such period to permit proper processing of 

any duly filed application. 
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Section 1502. Repeal of Prior Ordinances and Resolutions; Criminal Code Exemption. 

Upon enactment of this Ordinance, Ordinance 12-82 (referred to as the Bingo Ordinance), as 

amended by Resolutions 06-85 and 92-006, and any other Resolutions or Ordinances of the 

Nation which are inconsistent with this Ordinance, are hereby repealed. Resolution 92-007 

(Amending Chapter 15 of the Nation's Criminal Code) shall be amended consistent with the 

provisions of this Ordinance. Gaming Activities conducted in accordance with this Ordinance 

shall be exempt from the provisions of Title 7, Chapter 15 of the Tohono O’odham Nation Code 

(“Gambling and Related Offenses”).

Chapter 16. Amendments.

Section 1601. Amendments. This Ordinance may be amended by action of the 

Legislative Council.