Section 3.01 Creation and Authority of the Tribal Gaming Commission

A.

There is hereby created the Sycuan Tribal Gaming Commission, which shall include at
least three Commissioners, an Executive Director and staff who would themselves
qualify for licensing as a Primary Management Official. At no time shall there be less
than three Commissioners. If deemed necessary by the Business Committee, one or more
alternate Commissioners may be appointed in accordance with this Ordinance.

Commissioners shall be appointed by the Business Committee, and shall not be removed
during their terms of office except for misconduct, neglect of duties or acts that would
render such persons unqualified for a License hereunder. An affirmative vote of at least
four members of the Business Committee shall be required to remove a Commissioner
from his/her position and duties. Any removal action initiated shall be in an open
meeting, after a duly noticed hearing, at which the Commissioner charged with
misconduct shall have the right to hear and present evidence concerning his/her removal.
At the request of the Commissioner whose removal is at issue the hearing may be held in
executive session. The Business Committee also may elect to receive in executive
session any evidence of public disclosure which might compromise any on-going law-
enforcement investigation.

The Business Committee shall designate one of the three Commissioners as the
Chairperson of the Gaming Commission who shall serve a term of three years. He/she
will retain the Chairperson position through consecutive reappointments, at the discretion
of the Business Committee. One of the Commissioners shall be appointed for a period of
two yearsand the third for a period of one year. All subsequent appointments will be for
three-year terms, with the exception of an alternate, which is an annual appointment.
There will not be a limit to the number of times a member of the Commission may be
reappointed. The Business Committee shall determine and authorize the compensation to
be paid to the Commissioners based on the Business Committee’s determination of the
time required to be expended upon Commission duties, and a comparison of the
Commissioner’s duties and responsibilities with those of other tribal appointive bodies.

The Gaming Commission shall promulgate detailed and comprehensive rules and
regulations for the implementation and enforcement of this Ordinance, which shall
include the operation of any Gaming Facility conducting Class II and/or Class III gaming.

The Gaming Commission shall be independent of the Business Committee in the
promulgation of rules and regulations, conduct of investigations, licensing and other
decision-making processes, and shall have full authority and power to monitor and
enforce compliance with this Ordinance and rules or regulations promulgated by the
Gaming Commission. The Gaming Commission shall also have the authority and power
to enforce compliance with applicable Federal, State and Tribal laws and regulations, and

10


CHAPTER 5

AUDITING, FISCAL
OVERSIGHT, AND
INTERNAL CONTROLS


Application Fee: The Commission shall set fees for applications, background
investigations and licenses sufficient to cover the costs of investigations, processing and
issuing licenses. Vendor or Primary Management Official license fees shall be non-
discriminatory but may be base upon or limited to a percentage of the value of any
contract or compensation.

Eligibility Determination: The Commission shall review each Applicant’s prior
activities, criminal record, if any, and reputation, habits and associations to make a
finding concerning the Applicant’s eligibility for a Gaming License. If the Commission
determines that licensing of the Applicant would pose a threat to the public interest or to
the effective regulation of gaming, or create or enhance danger of unsuitable, unfair, or
illegal practices and methods and activities in the conduct of gaming, or jeopardize the
integrity or reputation of the Tribe or its Gaming Operation, a License shall not be
granted.

Granting a Temporary License: If after conducting a preliminary background
investigation consisting of a criminal records check, verification of current residence and
eligibility for lawful employment in the United States, the Commission determines that
an Applicant is likely to meet the eligibility requirements under Subsection E of this
Section, the Commission may issue a provisional gaming license to the Applicant. No
person shall be employed at the Gaming Operation without at least a valid provisional
license. A provisional license shall be effective pending completion of the full background
investigation unless the Commission sooner receives credible information from either the
NIGC or the State Gaming Agency that the Applicant is unsuitable for licensure.

Notification of Results and Eligibility Determination

1. Pursuant to the procedures set out in Subsection C of this Section, the Gaming
Commission shall prepare an investigative report on each background
investigation to be filed in the Applicant’s folder.

2. The Gaming Commission shall submit a Notification of Results and the eligibility
determination made under Subsection E of this Section to the NIGC within sixty
(60) days after a Primary Management Official or Key Employee begins work.

oh. The Gaming Commission shall submit a copy of the investigative report and
notification of results to the State Gaming Agency.

4, If a License is not issued to applicant, the Commission:
(a) Shall forward to the NIGC a notification of non-issuance; and

(b) Shall forward copies of its eligibility determination and notice of results to
NIGC for inclusion in the Indian Gaming Individuals Record System.

26


The manufacturing, development, assembly, sales or distribution of any gaming
machines, devices, equipments, software, or components thereof.

Joint ventures with other tribes, entities, persons, etc., related to gaming activity.

Management or service contracts with other tribes, entities and/or persons related to
gaming activities.

Any financial loans, grants or other relationship with any tribe, entity and/or persons,
related to gaming activity.

33


10. Approver of credit.
11. Any employee engaged in finance or accounting functions.

12. Custodian of gambling devices or cards, including persons with access to cash
and accounting records within such devices.

13. If not otherwise included, any other person whose total cash compensation from
employment in the Gaming Operation is in excess of $50,000 per year.

14. If not otherwise included, the four most highly compensated persons in the
gaming operation.

15. Any person who is a financial controller or who has financial management
operation responsibilities for the gaming facility.

16. Any other person or employee defined as a key employee under the Tribal-State
Compact.

17. Any other person or employee of the Gaming Operation that the Commission or
Executive Director designates as a Key Employee.

License means any authorization granted by the Gaming Commission, pursuant to this
Ordinance, to any Person which is required for such Person to perform certain acts or engage in
certain activities. The issuance of a License shall not create a property or liberty interest in such
License for the benefit of the Licensee.

Licensee means any Person who has been issued a valid and current License pursuant to the
provisions of this Ordinance.

Management Contract means any contract, subcontract or collateral agreement between an
Indian tribe and a contractor or between a contractor and a subcontractor if such contract or
agreement provides for the management or control of all or part of a Gaming Operation.
Management Contract does not include an employment contract with an individual.

MICS means the minimum internal control standards promulgated by the Gaming Commission
or the NIGC.

Net Gaming Revenue means the annual total amount of gaming revenue from Class II and Class
II gaming less amounts paid out as prizes or paid for prizes awarded.

Net Operating Revenue means Net Gaming Revenue less amounts paid for gaming related
operating expenses, excluding management fees.


Section 10.01 Security

Each licensed Gaming Facility must provide a security force adequate to reasonably assure the
safety of patrons, employees, assets and property. The Gaming Commission shall license all
security personnel.

Section 10.02 Surveillance

The Surveillance Department and all surveillance staff shall be employees of and report only to
the Gaming Commission. All surveillance systems, equipments, rooms, etc., shall be under the
exclusive control and jurisdiction of the Commission.

Section 10.03 Gaming Facility Management Contracts

If the Tribe and/or its Tribal Business Committee at any time decide to enter into a Management
Contract for the licensed Gaming Facility on Indian land, said contract will be executed and
enforced in accordance with 25 U.S.C. Section 2711 and the management of entity and personnel
shall be subject to licensure by the Gaming Commission.

Section 10.04 Environment, Public Health and Safety

The construction, maintenance and operation of any facility in which Gaming Activities are to
take place shall be in a manner which adequately protects the environment, public health and
safety and shall comply with any otherwise applicable Tribal Ordinances, Ordinances or
Regulations and Federal laws relating to environmental protection and public health and safety.
The Gaming Commission shall be authorized and responsible to oversee and enforce all
applicable environmental, public health and safety laws, regulations and standards.

Section 10.05 Designated Agent

The designated agent for notice of any official determination, order, or notice of violation by
NIGC, as required by 25 C.F.R. 516.1, or of any Compact is the Executive Director of the
Sycuan Tribal Gaming Commission.

Section 10.06 Severability
If a court of competent jurisdiction holds any provision of this Ordinance, or its application to
any person or circumstance, invalid, the full remainder of the provision or application of the

provision to another person or circumstances shall not be affected and shall remain valid. If any
provision of this Ordinance is determined to be in conflict with any applicable Federal or State

39


Section 9.01 National Indian Gaming Commission - Regulations

Notwithstanding any provision in this Gaming Ordinance or any regulation promulgated
hereunder, the Gaming Commission is fully empowered to comply and secure compliance
hereunder, the Commission is fully empowered to comply and secure compliance with all
applicable regulations promulgated by the NIGC, including but not limited to, all requirements to
report contracts, license applications, background checks, and other information to the NIGC as
required by federal law.

Section 9.02 National Indian Gaming Commission — Assessment

Notwithstanding any provision in the Ordinance or any regulations promulgated hereunder, the
Gaming Commission is fully empowered to ensure compliance with all assessments validly
authorized by the NIGC pursuant to federal law. The Gaming Operation as directed by the
Gaming Commission shall pay such assessment.

Section 9.03 Compact with the State of California
Notwithstanding any provision in this Ordinance or any regulation promulgated hereunder, the

Gaming Commission is fully empowered to comply and secure compliance with the provisions
of any Compact between the Tribe and the State of California.

38


shall be authorized, in its discretion, to direct the exclusion and removal of persons known to be
skilled practitioners of “card counting” in blackjack.

Section 8.03 Prohibition Against Electronic Devices — Gaming Machines

Except as specifically permitted by the Gaming Commission, no person shall possess with the
intent to use, or actually use, at a gaming machine, either alone, or in concert with others, any
calculator, computer or other electronic, electrical or electromechanical device to assist or
change the outcome of any game played on a gaming machine or device.

Section 8.04 Violations and Sanctions

Any violation of this Section shall subject the violator to imposition of sanctions by the Gaming
Commission. Such sanctions may include, but shall not be limited to, denial, suspension or
revocation of a gaming license, civil fines, seizure and forfeiture of money or property and/or
money damages, referral for criminal prosecution, or a combination of such sanctions.

37


H. Make decisions and execute any sanctions on any person subject to the jurisdiction of this
Ordinance as deemed necessary, appropriate and lawful, with the approval and review by
the Commissioners.

I. The Commissioners via the Executive Director will ensure that on a quarterly basis a
financial quarterly statement along with an updated report of Gaming Commission
activities is presented to the Business Committee.

Section 3.04 Termination of Executive Director

The Executive Director may be terminated immediately by the Commissioners, via a majority
vote, upon the Executive Director’s conviction in a Federal or State court of competent
jurisdiction for a felony, or for a misdemeanor related to gambling or moral turpitude, or upon
conviction of any charge that the Commissioners find relates to the Executive Director’s honesty
or ability to fulfill his/her duties. If the Executive Director is convicted of violating any part of
this Ordinance, he/she may be immediately terminated. Additionally, the Executive Director
may be terminated for associations or conduct that would tend to bring the Executive Director’s
integrity or the gaming operation into disrepute. The Chairperson of the Gaming Commission
has the authority to immediately suspend the Executive Director for any alleged infractions, as
outlined previously, until such time as the Commissioners convene and make a final decision on
the allegation(s).

Section 3.05 Right of Inspection

The Commissioners, Executive Director and his/her compliance officers, investigators,
inspectors, auditors, and employees have the authority, within Sycuan’s Reservation:

A. To inspect and examine all premises wherein gaming is conducted or gambling devices
or equipment are used, manufactured, sold or distributed.

B. To inspect all equipment and supplies in, upon or about a Gaming Facility or inspect any
equipment or supplies wherever located, which may, or have been used in the Gaming
Facility.

[en Summarily to seize and remove from a Gaming Facility (or wherever located) and

impound such equipment or supplies for the purpose of examination, inspection,
evidence, or forfeiture:

D. To demand immediate access to and inspect, examine and audit all papers, books, and
records of Applicants and Licensees, business records, income documents, expense
documents, income and expense verification and all other matters affecting the
enforcement of the policy of or any provision of this Ordinance.

14


Section 5.01 Minimum Procedures for Control of Internal Financial Affairs

The Tribal Gaming Commission shall promulgate regulations for internal controls and financial
audits of all gaming operations. At a minimum, those regulations shall:

A.

Prescribe minimum procedures for safeguarding the Gaming Operation’s assets and
revenues, including recording of cash and evidences of indebtedness and mandatory
count procedures. Such procedures shall establish a control environment, accounting
system and control procedures that safeguard the assets of the organization, assure that
operating transactions are properly recorded and encourage adherence to prescribed
policies.

Prescribe minimum reporting requirements to the Gaming Commission and the NIGC.

Provide for the adoption and use of internal audits by Tribal Gaming Commission
auditors and Certified Public Accountants licensed to practice accounting in the State of
California.

Ensure that a uniform code of accounts and accounting classifications are formulated to
assure consistency, comparability and effective disclosure of financial information. Such
code shall require that records be retained that reflect statistical drop (amount of cash
wagered by Patrons), statistical win (amount of cash won by the gaming operation) and
the percentage of statistical win to statistical drop, or provide similar information for each
type of game or each gaming device.

Prescribe the intervals at which financial and other information shall be furnished to the
Gaming Commission.

Provide for the maintenance of documentation (i.e., checklist, transaction forms,
programs, reports, etc) to evidence all internal work performed as it relates to the
requirements of this Section.

Provide that all financial statements and supporting documentation relating to the
Gaming Operation be maintained for a minimum of five (5) years.

Section 5.02 Oversight of Internal Financial Affairs

The Gaming Commission shall, by regulation, require and ensure that audits are conducted of all
Gaming Operation financial statements and gaming related contracts as defined in 25 CFR
§522.4(b)(4), at least annually. Such audits must:

A.

Be made by outside independent Certified Public Accountants licensed to practice public
accounting. Such accountants shall be selected and contracted by the Gaming
Commission.

30


TRIBAL GAMING ORDINANCE
OF THE
SYCUAN BAND OF THE KUMEYAAY NATION
AMENDED AND ADOPTED ON

December 14, 2016

By Resolution Number 2016-40

SUPERSEDES:
TRIBAL GAMING ORDINANCE ADOPTED FEBRUARY 5, 2014
BY RESOLUTION NO. 2014-2


@

@

Gi)

(iii)

(iv)

(vy)

(vi)

For each misdemeanor conviction or ongoing misdemeanor
prosecution (excluding minor traffic charges) for which the
applicant is being prosecuted, was found guilty or pleaded no
contest, the name and address of the court involved, the case
number and the date and disposition.

For each public offense (excluding infractions), whether or not
there is a conviction, if such charge was filed within ten (10) years
of the date of the application and is not otherwise listed pursuant to
paragraph (1) (h) of this Subsection, the nature of the charge, the
name and address of the court involved, the case number and the
date and disposition.

The name and address of each licensing or regulatory agency with
which the person has filed an application for any occupational
license or permit unrelated to gaming, whether or not such license
or permit was granted, denied, withdrawn, suspended, or revoked.

A current color photograph of sufficient quality to readily identify
and accurately depicts the Applicant.

Fingerprints shall be required for all Employees and Primary
Management Officials. Fingerprints are submitted to NIGC
pursuant to our Memorandum of Understanding, entered into by
the NIGC and the Sycuan Gaming Commission. The fingerprint
information is sent to the FBI by NIGC. FBI utilizes the
fingerprint records to conduct a criminal history check.

Any other information the Commission may deem appropriate
under the circumstances

If, in the course of a background investigation, the Tribe discovers that the
Applicant has a notice of results on file with the NIGC from a prior
investigation and the Tribe has access to the earlier investigative materials
(either through the NIGC or the previous tribal investigative body), the
Tribe may rely on such materials and update the investigation and
investigative report completed pursuant to 25 CFR §556.6 (b)(1).

Minimum Background Investigation: The Commission shall conduct and
document an investigation sufficient to make the determination required by
Subsection E of this Subsection. In conducting a background investigation, the
Commission shall promise to keep confidential the identity of each person

24


A.

Compact requirements. The Gaming Commission shall hear and resolve all disputes
regarding any provisions of this Ordinance or the Commissioner’s rules and regulations.

The Gaming Commission shall establish its own budget for operations, and acquire such
furnishings, equipments, supplies, stationery, books, motor vehicles and other things as it
may deem necessary or desirable in carrying out its functions, and incur such other
expenses within the limit of funds available to it, as it may deem necessary. The Gaming
Commission budget will be reviewed and approved by the Business Committee and
within those limits the Gaming Commission shall employ and fix salaries of or contract
for the services of such professional, technical and operational personnel and consultants
as the execution of its duties and the operation of the Gaming Commission may require.
At the Business Committee’s discretion, the Gaming Commission budget may be
reviewed and modified yearly.

The Gaming Commission shall possess the authority and discretion to grant or deny any
Application; to limit, condition, suspend, or restrict any License; make a finding of
suitability or approval of a License; or find suitable the imposition of a fine upon any
person or entity licensed, for any violation of this Ordinance, any Compact to which the
Tribe is or may become a party, rules and regulations, or any cause deemed reasonable by
the Commission. In all decisions, the Commission shall act to promote and ensure the
integrity, security, honesty, and fairness of the Gaming Operation and administration of
Gaming and ancillary activities of the Gaming Facility.

Subject to the appropriation of funds by the Business Committee, the Gaming
Commission shall be authorized to employ such staff as reasonably may be required to
fulfill its responsibilities under this Ordinance. The staffing shall include but not be
limited to an Executive Director who shall be responsible for the administration and day
to day operation of the Gaming Commission as well as overseeing the establishment and
operation of all Gaming Activities for compliance with all Federal, State, and Tribal
gaming laws and regulations. Compensation of Gaming Commission employees shall be
limited to that which is comparable to compensation paid to persons performing similar
duties in other governmental gaming regulatory agencies.

Section 3.02 Powers of the Commissioners

The Commissioners are authorized and responsible for conducting hearings and making
decisions on matters dealing with gaming issues including but not limited to violations of
Ordinances, rules and regulations, employee actions, patron disputes and barring issues.
In conducting these hearings, Commissioners are authorized to request, receive and
examine gaming facility and Tribal documents, review surveillance videos, obtain
testimony and take any other action deemed necessary to their review.

11


issue shall be notified in writing of the Patron’s right to request in writing within fifteen
(15) days of the Gaming Operation’s written notification to the Patron of that right,
resolution of the dispute by the Gaming Commission, and if dissatisfied with the
resolution, to seek resolution in the Sycuan Tribal Court. If the Patron is not provided
with notification within thirty (30) days of the Patron’s complaint, the deadlines shall be
removed, leaving only the relevant statues of limitations under California law that would
otherwise apply. The Gaming Facility will notify the Gaming Commission of all Patron
disputes via a written report on a timely basis, whether resolved or not.

B. Upon receipt of the Patron’s written request for a resolution of the Patron’s complaint,
pursuant to Subdivision (A), the Gaming Commission shall conduct an appropriate
investigation, shall provide to the Patron a copy of its regulations concerning Patron
complaints, and shall render a decision in accordance with industry practice. The
decision shall be issued within sixty (60) days of the Patron’s request, shall be in writing,
shall be based on the facts surrounding the dispute, and shall set forth the reasons for the
decision.

Cc If the Patron is dissatisfied with the decision of the Gaming Commission, or no decision
is issued within the sixty (60) day period, the Patron may request that the dispute be
settled in the Sycuan Tribal Court.

S

The effective date of the decision of the Gaming Commission is on the date it is received
by the aggrieved party as reflected on the return receipt.

3.12 Unlicensed Gaming

Any person who commits any act of unlicensed gaming on the Sycuan Reservation may be in
violation of this Ordinance and shall be prosecuted in the appropriate court of competent
jurisdiction. Prosecution for such a violation in other than Federal court is not meant to be
exclusive; a finding of guilt or innocence shall not deprive the Federal government from
jurisdiction.

3.13 Compensation, Gratuities, Gifts

All Commissioners, Gaming Commission managers, staff and immediate family shall receive no
personal compensation, gratuities or gifts from any Person doing or wishing to do business with
the Tribe relating to gaming, nor with any Person wishing to obtain an unfair advantage in any
authorized wager on gaming. Any property received in violation of this provision, including
cash payments, shall be immediately forfeited to the Tribe and the offending persons shall be
prosecuted to the fullest extent possible. The only exception to the above will be in relation to
the exchange or receiving of an occasional promotional gift and/or meal whose fair market value
does not exceed $100.00 and whose intention is not to obtain an unfair advantage in any
authorized wagering on gaming.

17


Negotiating contract payments by the Tribe for the provision of the Gaming Commission,
and outside independent auditing services. Such contracts must be approved by the
Commissioners and shall not constitute a waiver of jurisdiction by the Tribe.

Will correspond with the NIGC and do whatever is necessary to ensure compliance with
the rules and regulations of that agency. Specifically, the Executive Director, with the
approval of the Commissioners, shall arrange for an annual outside audit of authorized
gaming and all gaming related contracts for purchases for more than $25,000 a year,
excluding those contracts for legal and accounting services and provide a copy of the
results of that audit to the NIGC.

Will correspond with the California Gambling Control Commission and/or other
authorized State agency recognized under the Compact to ensure compliance with the
Compact and rules and regulations promulgated thereunder.

The Executive Director will assure that all Gaming Activity is conducted in a manner
which adequately protects the environment and the public’s health and safety.

The Executive Director will ensure that background investigations are conducted
pursuant to this Ordinance on all Primary Management Officials, Key Employees, and
employees of any Gaming Facility and that oversight of such officials and their
management is conducted on an ongoing basis. The Executive Director will make
suitability determinations on the granting of a Gaming License for all Gaming Operation
employees. The Executive Director shall immediately notify the NIGC of the issuance of
such Licenses for Primary Management Officials and Key Employees. The Executive
Director and/or/his/her designee will review all License applications and background
investigations to ensure that no person shall be eligible for employment if that person’s
prior activities, criminal record (if any), or reputation, habits and associations pose a
threat to the public interest or to the effective regulation of gaming or create or enhance
the dangers of unsuitable, unfair, or illegal practices and methods and activities in the
conduct of gaming or jeopardize the integrity or reputation of the Tribe or its Gaming
Operation. The Executive Director shall notify the NIGC of the results of such
background checks before the issuance of a permanent license to Primary Management
Officials and Key Employees.

Hiring, pursuant to the approval of Commissioners, professional, clerical, technical and
administrative personnel as may be necessary to carry out the provisions of this
Ordinance.

Inspect, review and copy all records, documents, equipment and facilities, or anything
else necessary and pertinent to enforcement of any provisions of this Ordinance.

13


interviewed in the course of the investigation. The minimum procedures for
conducting a background investigation on all license applicants are:

(a) Criminal history check through the California Department of Justice,
including Municipal and Superior courts in California, in all known or
disclosed places of residence or employment.

(b) Submit fingerprints to FBI for a national criminal record check.
(c) Verify business residence and history check.

In addition to the above background procedures, the Commission shall conduct
the following for all Management Official and key employee applicants, and may,
in its discretion, conduct the following for other applicants:

(a) Civil judgment history check.

(b) Financial and credit history check.

(c) Reference check.

(d) Business and personal associates check.
(e) Education verification.

(f) Any other investigation deemed necessary by the Commission.

The Commission is primarily responsible for the conduct of the background
investigation and suitability determinations, subject to the requirements of IGRA
and any Compact to which the Tribe is or may become a party.

The Executive Director or his/her designee shall be responsible for conducting,
reviewing and either approving or disapproving the results of all background
investigations.

The Executive Director or his/her designee shall report the results of the
background investigations to the NIGC and the State Gaming Agency for Key
Employees and Primary Management Official license applicants.

Investigative Report: The investigative reports shall describe the steps taken in
conducting the background investigation, results obtained, conclusions, basis for those
conclusions, and suitability determination.

25


Section 2.04 Gaming Facility License Required

A separate Tribal license shall be required for each place, facility, or location on Sycuan Indian
lands where Class II and/or Class III gaming is allowed under the provisions of this Ordinance.
See Section 4.09 for facility license requirements.


2. Cover numbers or designations when objects, similarly numbered or
designated, are drawn or electronically determined; and

3. Win the game by being the first person to cover a designated pattern on such
cards.

4. Any other games classified as Class II by either the NIGC or a court of
competent jurisdiction.

B. If played in the same location as bingo or lotto, pull tabs, punch boards, tip jars,
instant bingo, and other games similar to bingo.

C. Non house banking card games that:

1. State law explicitly authorizes, or does not explicitly prohibit, and are played
legally anywhere in the state; and

2. Are played in conformity with state laws and regulations concerning hours,
periods of operation and limitations on wagers and pot sizes.

Class II] Gaming means all forms of gaming that are not Class I Gaming or Class II Gaming
including but not limited to:

A. Any house banking game including but not limited to Card games such as
baccarat, chemin de fer, blackjack (21) and pai gow (if played as a house-banking
game).

B. Any slot machine or electronic or electromechanical facsimile of any game of
chance.

Cc. Any sports betting and pari-mutuel wagering including but not limited to
wagering on horse racing, dog racing or jai alai.

Dz. Lotteries.

Collateral Agreement means any contract, whether or not in writing, that is related, either
directly or indirectly, to a Management Contract or to any rights, duties or obligations created
between the Tribe (or any of its members, entities or organizations) and a management
contractor or subcontractor (or any person or entity related to or controlled by a management
contractor or subcontractor).

Commissioners mean the members of the Gaming Commission individually appointed by the
Sycuan Tribal Business Committee.


services and any equipment, supplies and/or materials, used in connection with operation of a
licensed Gaming Facility or Gaming Operation, whether the gaming conducted is Class II or

Class III.

A. Application Forms:

1. The following notices shall be included on the application form for any License or
Permit under this Ordinance:

(@)

(b)

(©)

“In compliance with the Privacy Act of 1974, the following information is
provided: Solicitation of the information on this form is authorized by 25
U.S.C 2701 et_seq. The purpose of the requested information is to
determine the eligibility of individuals to be granted a gaming license.
The information will be used by the Tribal gaming regulatory authorities,
the National Indian Gaming Commission (“NIGC”) and/or the State
Gaming Agency members and staff who have need for the information in
the performance of their official duties. The information may be disclosed
by the Tribe or the NIGC to appropriate Federal, Tribal, State, local, or
foreign law enforcement and regulatory agencies when relevant to civil,
criminal or regulatory investigations or prosecutions, or when pursuant to
a requirement by a tribe or NIGC in connection with the issuance, denial,
or revocation of a gaming license, or investigation of activities while
associated with a tribe or a gaming operation. Failure to consent to the
disclosures indicated in this notice will result in a tribe’s being unable to
license you for a primary management official or key employee position.”

“The disclosure of your Social Security Number (SSN) is voluntary.
However, failure to supply a SSN may result in errors in processing your
application.”

“A false statement on any part of your license application may be grounds
for denying a license or the suspension or revocation of a license. Also
you may be punished by fine or imprisonment (U.S. Code, title 18, section
1001).”

2. Existing Key Employees and Primary Management Officials shall be notified in
writing that they shall either:

(a)

Complete a new application form that contains Privacy Act and false
statement notices if the previous one they completed did not contain the
Privacy Act or false statement notices, or

22


Section 4.01 Issuance of Tribal Gaming License

The Gaming Commission is authorized to issue gaming Licenses to any Person and/or entity
required by this Ordinance to possess such a License or permit and if after issuance of a gaming
License reliable information is received that a Licensed individual or Vendor does not meet the
standards established under Section 4.04 of this Ordinance, the Gaming Commission shall
suspend such license.

Section 4.02 Non-Transferability of License

Any License issued pursuant to the provisions of this Ordinance is valid only for the Person or
entity at the place of business shown on the face thereof. It is not assignable or otherwise
transferable to any other Person or entity for any other location without the prior written
approval of the Gaming Commission. A Gaming License is a revocable privilege, and the
issuance of a License shall not create any vested right.

Section 4.03 Granting a License

The Gaming Commission, upon completion of appropriate background investigations and
suitability determination, shall either grant or deny a License. A License may be issued only if:

A. A completed License Application has been received.
B. All applicable licensing fees have been paid.
Cc. The Applicant has been determined to be suitable for licensure.

Section 4.04 Suitability Determination, License Denial

The Executive Director may deny a License to any Applicant (employee or vendor), or may
suspend or revoke the License of any employee or vendor who:

A. Has knowingly and willfully provided materially false statements or information or
omitted material information on his/her/its License Application or background
questionnaire.

B. Is determined to be a person whose prior activities, criminal record if any, or reputation,

habits, and associations pose a threat to the public interest or to the effective regulation
and control of Gaming Activities, or create or enhance the dangers of unsuitable, unfair,
or illegal practices and methods, and activities in the conduct of gaming or the carrying
on of the business and financial arrangements incidental thereto, or jeopardizes the
integrity or reputation of the Tribe or its Gaming Operation.

19


Table of Contents

Chapter 5_ Auditing, Fiscal Oversight and Internal Controls
Section 5.01 | Minimum Procedures for Control of Internal Financial

Affairs

Section 5.02 Oversight of Internal Financial Affairs

Section 5.03 Sycuan Tribal Gaming Commission’s Right to Conduct
Audits

Section 5.04 Prohibition Against Embezzlement

Chapter 6 Authorization of Gaming
Section 6.01 Authorization of Gaming

Section 6.02 Approval of Gaming Equipment
Section 6.03 Posting of Rules
Section 6.04 Gaming Related Activity of the Tribe

Chapter 7_ Exclusion or Ejection of Individuals
Section 7.01 List of Undesirables

Section 7.02 Prohibition Against Listed Individuals
Section 7.03 Prohibition Against Underage Gaming

Chapter 8_ Unlawful Acts
Section 8.01 Unlawful Acts
Section 8.02 Prohibition Against Electronic Aids — Card Games
Section 8.03 Prohibition Against Electronic Devices - Gaming Machines
Section 8.04 Violations and Sanctions

Chapter 9_ National Indian Gaming Commission and State Compacts
Section 9.01 National Indian Gaming Commission — Regulations

Section 9.02 National Indian Gaming Commission — Assessment
Section 9.03 | Compact with the State of California

Chapter 10 Miscellaneous
Section 10.01 Security
Section 10.02 Surveillance
Section 10.03 Gaming Facility Management Contracts
Section 10.04 Environment, Public Health and Safety
Section 10.05 Designated Agent
Section 10.06 Severability
Section 10.07 Amendments
Section 10.08 Effective Date and Supercedure



Table of Contents

Chapter 1_ Definitions

Chapter 2__ Purpose, Public Policy, Applicability and Authorization
Section 2.01 Purpose

Section 2.02 Public Policy
Section 2.03. Gaming Authorized
Section 2.04 Gaming Facility License Required

Chapter 3__ Establishment, Administration and Enforcement
Section 3.01 Creation and Authority of the Tribal Gaming Commission

Section 3.02 Powers of Commissioners

Section 3.03 Powers of Executive Director

Section 3.04 Termination of Executive Director
Section 3.05 Right of Inspection

Section 3.06 Confidentiality of Information

Section 3.07 Powers of Delegation

Section 3.08 Sanctions

Section 3.09 Violations of Ordinance ~ Punishment
Section 3.10 Due Process Regarding Enforcement Actions
Section 3.11 Patron Disputes

Section 3.12 | Unlicensed Gaming

Section 3.13. Compensation, Gratuities, Gifts
Section 3.14 Financial Interest

Section 3.15 | Ownership — Revenues to Benefit Tribe

Chapter 4_ Licensing
Section 4.01 Issuance of Tribal Gaming Licenses

Section 4.02 | Non-Transferability of License

Section 4.03 Granting a License

Section 4.04 Suitability Determination, License, Denial

Section 4.05 | Temporary Licenses

Section 4.06 Licensing of Employees and Primary Management Officials
Employed in Class II or III Gaming and Licensing of
Vendors, and Suppliers

Section 4.07 | Waiver of Licensing for Certain Entertainers

Section 4.08 — Violation of Terms of License

Section 4.09 — Licensing of Gaming Facility

Section 4.10 License Fees

Section 4.11 | Commissioners, Executive Director and Commission
Employees


CHAPTER 3

ESTABLISHMENT,
ADMINISTRATION AND
AND ENFORCEMENT


In construing the provisions of this Ordinance, save when otherwise plainly declared or clearly
apparent from the context; words in the present tense shall include the future tense, words in
masculine, feminine or neuter genders shall include all genders, and words in the singular shall
include the plural, and in the plural shall include the singular.

Unless a different meaning is clearly indicated, the terms used in this Ordinance shall have the
same meaning as defined in the “Indian Gaming Regulatory Act,” Public Law 100-497, 102 Stat.
2467, codified at 25 U.S.C. §§2701 - 2721 (Oct. 17, 1988). Additionally, any definitions set
forth in a Compact signed by the Tribe and the State of California are adopted as if set forth
herein.

Agreed Upon Procedures means the procedures that an independent certified public accountant
shall employ in order to verify that the Gaming Operation is in compliance with the internal
control standards in the manner provided for in 25 CFR 542.3(F).

Applicant means any person, partnership, corporation, joint venture or other entity applying for,
or requesting renewal of, any License or permit described in or required by this Ordinance.

Application means a request for the issuance or renewal of a License or permit described in or
required by this Ordinance.

Business Committee means the Business Committee of the Sycuan Band of the Kumeyaay
Nation.

Calendar Day means the day of the year, including weekends and holidays.

Calendar Year means the period beginning on the first day of January at 12:00:01 and ending
immediately following December 31 at 12:00 midnight.

Chairman/Chairwoman means the Commissioner appointed who shall chair all necessary
Sycuan Gaming Commission hearings and meetings.

Class | Gaming means:

A. Social games played solely for prizes of minimal value; or

B. Traditional forms of Indian gaming when played by individuals in connection with
Tribal ceremonies or celebrations.

Class I] Gaming means:

A. Bingo or lotto (whether or not electronic, computer, or other technologic aids are
used) when players:

1. Play for prizes with cards bearing numbers or other designations;


E; To seize and impound any patron’s winnings which the Gaming Commission has reason
to believe may have been won or obtained in violation of this Ordinance, pending a civil
forfeiture hearing on such seizure.

FE. The Gaming Commission and the Executive Director shall each have full power and
authority to compel the attendance of witnesses for hearing at any place within Sycuan’s
Reservation, to administer oaths and to require testimony under oath. Any process or
notice may be served in a manner provided for service of process and notices in civil
actions. The Gaming Commission and the Executive Director may pay such
transportation and other expenses of witnesses, as it may deem reasonable and proper.
Any Licensee failing to attend a hearing, after having been given notice, shall be subject
to immediate revocation of their Gaming License.

Section 3.06 Confidentiality of Information

Each Commissioner and employee of the Gaming Commission shall be required to sign a
confidentiality agreement and will be responsible for ensuring the strictest standards of
confidentiality with respect to all information. All information provided to the Gaming
Commission and all information obtained by the Gaming Commission in the performance of its
duties shall be kept confidential and shall not be disclosed to any person or organization without
the written consent of the Commissioners. The Commissioners may refuse to reveal, in any
court proceedings the identity of any informant, or the information obtained from the informant,
or both the identity and the information. Records considered confidential and not to be disclosed
except pursuant to a court order or executed release include:

A. Tax returns of individual Licensees.

B. Applications, credits, medical and security reports of Applicants for Licenses and other
persons seeking or doing business with the Gaming Commission.

Cc. Marketing, financial or sales data, the disclosure of which may be harmful to the
competitive position of the Tribe’s Gaming Operations, its Licensees or persons seeking
or doing business with the Gaming Commission.

9

Audit work papers, worksheets and auditing procedures used by the Commission, its
agents or employees.

3.07 Powers of Delegation

Commissioners may delegate to Gaming Commission staff as deemed necessary. The Executive
Director may delegate duties to subordinate staff as deemed necessary.

15


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February 16, 2017

BY FIRST CLASS MAIL

Cody J. Martinez, Tribal Chairman
Sycuan Band of the Kumeyaay Nation
1 Kwaaypaay Court

El Cajon, CA 92019

Re: Second Amended Tribal Gaming Ordinance of the Sycuan Band of the Kumeyaay
Nation Amended and Adopted on December 14, 2016 by BC Resolution No. 2016-40

Dear Chairman Tucker:

This letter responds to your request on behalf of the Sycuan Band of the Kumeyaay
Nation (Tribe) for the National Indian Gaming Commission to review and approve the Tribe’s
Second Amended Tribal Gaming Ordinance. The Second Amended Tribal Gaming Ordinance
was adopted on December 14, 2016 by Resolution of the Tribe’s Business Committee (BC
Resolution No. 2016-40). This ordinance supersedes the Tribal Gaming Ordinance approved by

the NIGC Chair on April 24, 2014.

The Second Amended Tribal Gaming Ordinance is approved as it is consistent with the
requirements of the Indian Gaming Regulatory Act and the NIGC’s regulations. If you have any
questions, please feel free to contact Maria Getoff, Senior Attorney, at 202-632-7003.

Sincerely,

VWy—{} e

Jonpdev O. Chaudhufti
Chairman

cc: Michelle Carr, Esq. via email

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop # 1621 Washington, DC 20240 Tel: 202.632.7003 Fax: 202.632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa OK; Oklahoma City, OK
WWW.NIGC.GOV.


Section 7.01 List of Undesirables

The Gaming Commission shall, by regulation establish a procedure for the listing of
persons whose presence on the premises be excluded or ejected from any licensed
Gaming Facility. The list may include any person whose presence in the Gaming Facility
is determined by the Commission to pose a threat to the interest of the Tribe, the gaming
public, or to licensed gaming.

Section 7.02 Prohibition Against Listed Individuals

It shall be a violation of this Ordinance for any licensed employee to knowingly fail to
exclude or eject from the Gaming Facility any person(s) placed on the list referred to in
Section 7.01 of this Section. It shall be a violation of this Ordinance for any person
whose name appears on the list referred to in Section 7.01 of this Section, to enter into or
engage in any game at a duly licensed Gaming Facility, and any such presence shall be
considered trespassing. “Ejection” from the Gaming Facility may, in the discretion of the
Gaming Commission or Gaming Facility management, include removal of a non-member
of the Sycuan Tribe from the Sycuan Indian Reservation.

Section 7.03 Prohibition Against Underage Gaming

It shall be a violation of this Ordinance for any Licensee to knowingly fail to exclude or
eject from the Gaming Facility any individual who is under the age of eighteen years,
except as such minors may be permitted in restaurants and other areas in which gaming is
not being conducted, including walkways to such areas when accompanied by an adult
and in transit to and from such non-gaming areas.

34


Gaming Operation are maintained (but excluding offsite facilities primarily dedicated to storage
of those records, and financial institutions), and all rooms, buildings, and areas, including
parking lots and walkways, a principal purpose of which is to serve the activities of the Gaming
Operation, provided that nothing herein prevents the conduct of Class II gaming (as defined
under IGRA).

Gaming Operation means any economic entity that is licensed by the Tribe, operates the games,
receives the revenues, issues the prizes and pays the expenses. A Gaming Operation may be
operated by the Tribe directly, by a Management Contractor or, under certain conditions, by
another Person or other entity. The Gaming Operation also includes all ancillary activities which
enhance or support the Gaming Operation.

Gaming Regulations or Regulations means any regulations, orders or directive of the Gaming
Commission, including rules governing the conduct of games, standards and procedures for
accounting and other controls of the Gaming Operations, as may be promulgated by the Gaming
Commission pursuant to this Ordinance.

Gaming Resources means any goods or services provided or used in connection with Gaming
Activities, whether exclusively or otherwise, including, but not limited to, equipment, gambling
devices and ancillary equipment, implements of Gaming Activities such as playing cards and
dice, furniture designed primarily for Gaming Activities, maintenance or security equipment and
services, and gaming consulting services. Gaming Resources does not include professional
accounting and legal services.

Gaming Resource Supplier means any person or entity who, directly or indirectly, does, or is
deemed likely to, manufacture, distribute, supply, vend, lease, purvey, or otherwise provide to
the Gaming Operation or Facility at least twenty-five thousand dollars ($25,000) in Gaming
Resources in any consecutive twelve (12)-month period, or who, directly or indirectly, receives,
or is deemed likely to receive, in connection with the Gaming Operation or Facility, at least
twenty-five thousand dollars ($25,000) in any consecutive twelve (12)-month period, provided
that the Tribal Gaming Agency may exclude a purveyor or equipment or furniture that is not
specifically designed for, and is distributed generally for the use other than in connection with,
Gaming Activity, if but for the purveyance, the purveyor is not otherwise a Gaming Resource
Supplier, the compensation received by the purveyor is not grossly disproportionate to the value
of the goods or services provided, and the purveyor is not otherwise a person who exercises a
significant influence over the Gaming Operation.

House Banking Game means any game of chance that is played with the house as a participant
in the game, where the house takes on players, collects from all losers and pays all winners, and
the house can win.

IGRA means the “Indian Gaming Regulatory Act” enacted by the United States Congress on
October 17, 1988.


Compact means any agreement entered into between the Tribe and the State of California
pursuant to 25 U.S.C. § 2710 (d) that has been approved by the Secretary of the Interior and is in
effect. Provided, that such agreement shall affect the scope and regulation of Class III Gaming
activities only.

Executive Director means the Executive Director of the Sycuan Tribal Gaming Commission.

Electronic, Computer, or Other Technologic Aid means any machine or device that
A. Assists a player or the playing of a game.

B. Is not an electronic or electromechanical facsimile.

C. Is operated in accordance with applicable Federal communications law.

Electromechanical Facsimile means a game played in an electronic or electromechanical
format that replicates a game of chance.

Fiscal Year means the twelve (12) month period for which an organization plans the use of its
funds, beginning and ending on any day of a calendar month.

Game Similar to Bingo means any game that meets the requirements for bingo that is not a
house banking game.

Gaming Activities means operating Class II and Class III Gaming authorized under this
Ordinance.

Gaming Commission or Commission means the Sycuan Tribal Gaming Commission.

Gaming Device means any so-called “slot machine” or any other machine or mechanical device
an essential part of which is a drum or reel with insignia thereon, and which when operated may
deliver, as the result of the application of an element of chance, any money or property, or by the
operation of which a person may become entitled to receive, as the result of the application of an
element of chance, any money or property.

Gaming Employee means any natural person who (a) conducts, operates, maintains, repairs,
accounts for, or assists in any Gaming Activities, or is in any way responsible for supervising
such Gaming Activities or persons who conduct, maintain, repair, account for, assist, or
supervise any such Gaming Activities, (b) is in a category under federal or tribal gaming law
requiring licensing, (c) is an employee of the Tribal Gaming Agency with access to confidential
information or (d) is a person whose employment duties require or authorize access to areas of
the Gaming Facility in which Gaming Activities are conducted that are not open to the public.

Gaming Facility or Facility means any building in which Class III Gaming Activities or
Gaming Operations occur, or in which the business records, receipts, or other funds of the

3


CHAPTER 6

AUTHORIZATION OF
GAMING


creates probable cause to believe that the association is of such nature as to be
detrimental to the proper operation of the authorized gaming or related activities in any
state of the United States, any foreign state or an Indian tribe. For purposes of this
paragraph, “career offender” shall be defined as any person whose behavior is pursued in
an occupational manner or context for the purpose of economic gain utilizing such
methods as are deemed criminal violations of Tribal law, Federal law or the laws and the
public policy of the State. An “organized criminal organization” shall be defined as any
group of persons who operate together as career offenders.

M. Is a person whose prior activities, criminal record, if any, reputation, habits and
associations pose a threat to the public interest of the Tribe or to the effective regulation
and control of Gaming Activities, or creates or enhances the dangers of unsuitable, unfair
or illegal practices, methods, and activities in the conduct of Gaming Activities, or the
carrying on of the business and financial arrangement incidental thereto.

N. Fails to provide information requested by the Gaming Commission.

Section 4.05 Temporary Licenses

The Gaming Commission may issue a temporary license to any person or entity applying for a
License to work in or do business with a licensed Gaming Establishment, which temporary
license shall be valid for ninety (90) days pending the completion of a background investigation
of the applicant including an FBI fingerprint check through the NIGC or the California
Department of Justice. No person shall be employed by the Gaming Operation who does not
have a license after ninety (90) days.

Section 4.06 Licensing of Employees and Primary Management Officials Employed in
Class IJ or Il Gaming and Licensing of Vendors, and Suppliers

All Employees and Primary Management Officials must apply for and obtain a Tribal gaming
license prior to employment in the Gaming Operation on lands subject to the Tribe’s jurisdiction.
The Commission shall include with these license requirements Vendors and Suppliers. Banks,
savings and loans, or other financial institutions regulated by an agency of the United States or
the State of California, and any agency of the United States, the State of California or any
political subdivision thereof, hereby are exempted from the licensing requirements of this
Ordinance.

The Commission shall ensure that the policies and procedures set out in this section are
implemented and enforced.

The Gaming Commission may authorize, require, and issue such licenses as the Commission
may, by regulation, prescribe or require to any person or entity engaged in the selling,
distributing, or supplying of gambling equipment or paraphernalia including gaming-related

21


CHAPTER 8

UNLAWFUL ACTS


Has violated, failed or refused to comply with the provisions, requirements, conditions,
limitations or duties imposed by any provision of this Ordinance, the Compact or any
provisions of Federal, State, or Tribal laws or Regulations.

Knowingly causes or caused, aids or aided, abets or abetted, or conspires or conspired
with another to cause any person or entity to violate any of the laws or gaming
regulations of any state or tribe or the provisions of the Compact, provided that gaming
activities engaged in prior to the effective date of the Compact that were authorized by a
Tribe shall not constitute grounds for a determination of unsuitability.

Has obtained a State Gaming License or certification or Tribal License by fraud,
misrepresentation, concealment or through inadvertence or mistake.

Has been convicted of, or forfeited bond upon a charge of, or pleaded guilty to, forgery,
larceny, extortion, conspiracy to defraud, or of bribing or otherwise unlawfully
influencing a public official whether as a felony or misdemeanor, involving any gaming
activity, misappropriation of funds, physical harm to any individual or any act of moral
turpitude.

Makes a misrepresentation of, or fails to disclose a material fact to Federal or State
authorities, the Gaming Commission and/or other Tribal authority.

Is subject to current prosecution or pending charges, or a conviction that is under appeal,
for any of the offenses included under Subsection F of this Section, provided that the
Gaming Commission may defer decision upon the application during the pendency of
such prosecution or appeal.

Has had a gaming license issued by any state of the United States, any foreign state, any
tribe, the Gaming Commission or the Tribe, revoked or denied.

Has demonstrated a willful disregard for compliance with gaming regulatory authority in
any jurisdiction, including suspension, revocation, denial of application or forfeiture of
license.

Has pursued or is pursing economic gain in an occupational manner or context which is
in violation of the criminal laws of any state, if such pursuit creates probable cause to
believe that the participation of such person in gaming or related activities would be
detrimental to the proper operation of said authorized gaming or related state activity.
For purposes of this paragraph, occupation manner or context shall be defined as the
systematic planning, administration, management or execution of an activity for financial
gain.

Is a career offender or a member of a organized criminal organization or is associated
with career offender or an organized criminal organization in such a manner which

20


CHAPTER 1

DEFINITIONS


B. A quorum for the conduct of hearings by the Commission shall consist of at least three
members, one of which can be an alternate Commissioner. A quorum for the conduct of
Commissioners business and meetings shall consist of at least two members, one which
can be an alternate Commissioner. Meetings of Commissioners shall be open to invited
guests, unless the Commissioners convene in closed or confidential sessions for the
purpose of considering any of the following matters:

1.

Considering applications for licensing when discussing the background investigations
or personal information.

Meeting with gaming officials of other jurisdictions, the State Attorney General and
District Attorney of San Diego County or law enforcement officials relating to
possible criminal violations.

Considering or discussing with legal counsel, Tribal officials, Commission and/or
Tribal staff or others in confidential relationships with the Tribe or the Commission
pending or contemplated litigation to which the Commission or the Tribe is or may
become a party, or in which the Tribe or the Commission may have an interest.

Consulting with the Executive Director, employee and agents of the Commission
concerning possible criminal or regulatory violations.

Deliberations necessary to reach a decision after hearing evidence, whether formally
or informally, on a contested case.

Discussing business strategies, marketing or pricing strategies of a Licensee or an
Applicant for a License if public discussion may be harmful to the competitive
position of the Licensee or Applicant for a License or discussions with a Licensee or
an Applicant for a License for the purposes of overseeing and defining gaming
contracts.

Cc. Except those involving Patron Disputes, decisions on matters brought before the
Commissioners are final and not subject to further appeal. The Commissioners will
inform the subject and the Executive Director of their decision in writing.

Section 3.03 Powers of Executive Director

The Executive Director shall perform all duties, exercise all powers, assume and discharge all
responsibilities, and carry out and affect all purposes of this Ordinance relating to the regulation
of all Gaming Activity. In all decisions, the Executive Director shall act to promote and ensure
integrity, security, honesty, and fairness of the operation and administration of all Gaming
Activity. The Executive Director’s duties shall include but not be limited to the following:

12


(c) A right to a hearing under this Section shall vest only upon receipt of a
License granted under a Tribal Gaming Ordinance approved by the Chair
of the NIGC.

(d) After a revocation hearing, the Gaming Commission shall decide to
tevoke or to reinstate a Gaming License. The Commission shall notify the
NIGC of its decision within forty-five (45) days or receiving notification
from the NIGC pursuant to subsection 4.

(e) All notices to the NIGC shall be provided to NIGC’s Sacramento Regional
Office, and the Gaming Commission may submit notices electronically
after receiving guidance from the Sacramento Regional Office on
acceptable document formats and means of transmission.

L Class III Gaming: In addition to the above, any Tribal-State licensing and/or certification
requirements and procedures for Tribal licensing and/or State certification or licensing in
a Compact between the Tribe and the State of California are adopted and incorporated
herein by reference.

J. Applicability of Ordinance: Unless specifically indicated otherwise, all provisions of this
Ordinance shall apply to both Class II and Class III Gaming including, but not limited to,
all licensing and background investigative procedures.

Section 4.07 Waiver of Licensing for Certain Entertainers

The Gaming Commission has determined that licensing of certain entertainers is not necessary to
protect the public interest, regardless of the value of services provided, subject to the
requirements of this Section. In the event the Tribe or Gaming Operation contracts directly with
an entertainer, the Commission will waive the licensing requirements for an entertainer,
employees of the entertainer, and Person providing personal services to the entertainer who are
paid by the entertainer so long as: (A) the entertainer does not perform within the Gaming
Facility more than three days in a calendar year; and (B) the entertainer, employees of the
entertainer, and Persons providing personal services to the entertainer who are paid by the
entertainer are not allowed unescorted access to any secure area of the Gaming Facility.
Performances ending after midnight that are part of a show or series of shows that started the
previous evening will be considered part of the performance from the previous evening, and
performances do not include setting up and tearing down the stage, props, or light and sound
equipment, or warm-ups and sound checks. The Commission may rescind this waiver if it has a
reasonable, good faith belief that the entertainer, employees of the entertainer, or Persons
providing personal services to the entertainer who are paid by the entertainer would pose a threat
to the public interest.

28


Section 4.08 Violation of Terms of License

Violation of any material provision of this Ordinance or any of the Gaming Commission’s
Regulations by a Licensee, its agent, or employee shall be deemed contrary to the public health,
safety, morals, good order and general welfare of the Tribe and the inhabitants of the Sycuan
Reservation, and shall constitute grounds for refusing to grant or renew a License, suspension or
revocation of a License, or for the imposition of sanctions by the Gaming Commission or its
staff. Acceptance of a License or renewal on the part of the Licensee shall constitute the
Licensee’s agreement to be bound by all regulations and requirements of the Gaming
Commission. It is the responsibility of the Licensee to keep informed of the contents of such
Regulations, amendments, provisions, and conditions and ignorance thereof will not excuse the
violations. All Licenses shall have not more than one-year duration and will require renewal
thereafter in accordance with procedures set forth by the Gaming Commission.

Section 4.09 Licensing of Gaming Facility

The Gaming Commission shall license each Tribal Gaming Facility, which license shall be
renewed annually. Prior to the issuance of a facility license, the Executive Director shall
determine the following:

A. That the Gaming Facility is constructed in conformance with all applicable building
codes, and otherwise does not pose a threat to the health or safety of Patrons, employees
or other occupants.

B. That surveillance systems are in place to adequately provide for the safety and security of
employees and patrons and for the protection of Tribal assets.

Cc. That all employees are properly licensed and that the facility is otherwise in compliance
with all applicable laws and regulations.

Section 4.10 License Fees

The Gaming Commission shall establish licensing fees for the Gaming Facility, employees and
vendors that, at a minimum, recoup the actual costs of processing applications and related
investigation. Any Gaming Facility licensing fee shall require the approval of the Business
Committee.

Section 4.11 Commissioners, Executive Director and Commission Employees

Commissioners, Gaming Commission Executive Director and employees shall not be required to
obtain gaming licenses, but Commissioners shall meet the same suitability standards as apply to
a Primary Management Official under the regulations of the NIGC, including full background
checks.

29


CHAPTER 10

MISCELLANEOUS


3.14 Financial Interest

All Commissioners, Gaming Commission managers, staff and immediate family shall have no
direct or indirect financial interest in any Gaming Operation or a business wishing to do business
with the Tribe or the Gaming Facility. The exception is Sycuan Tribal members and immediate
family whose gaming interests are with the Tribe. For the purpose of this section, indirect
financial interest shall not include ownership in mutual funds holding interest in publicly traded
companies, but shall include direct ownership in stock.

ey

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15 Ownership-Revenues to Benefit Tribe

The Tribe shall have sole proprietary interest and sole responsibility for the conduct of
the Gaming Operation. Such provision does not, however, limit the Tribe’s ability to
enter into a management contract wherein net profits are divided between the Tribe and

other parties to the contract.

B. Except as specifically authorized pursuant to Subsection C of this Section, net revenues
from Class II and Class III gaming on the Sycuan Indian Reservation shall be used only
for the following purposes:

1. To fund Tribal government operations or programs.

24 To provide for the general welfare of the Tribe and its members.
3. To promote Tribal economic development.

4. To donate to charitable organizations.

5. To help fund operations of local government agencies.

c. If the Tribe elects to make per capita payments to Tribal members, it shall authorize such
payments only in conformity with a plan submitted to and approved by the Secretary of
Interior pursuant to 25 U.S.C. Section 2710(b)(3).

18


EXHIBIT A
SECOND AMENDED TRIBAL GAMING ORDINANCE


CHAPTER 7

EXCLUSION OR
EJECTION OF
INDIVIDUALS


Section 6.01 Authorization of Gaming

The Gaming Commission may authorize the playing of any Class II or Class III game that
lawfully may be played on the Tribe’s Indian lands under applicable state or federal law. The
Commission shall promulgate regulations for rules governing all authorized games, including the
equipment (chips, dice, cards, tiles, devices etc.) used in such games. The Commission shall
comply with the procedural requirements, if any, of the Compact before authorizing any game.
A game that the Commission determines is Class II shall be authorized to be conducted as a
Class II, unless or until the NIGC or a court of competent jurisdiction has entered a final
judgment to the contrary and appeals have been exhausted or time for appeal has expired without
an appeal being taken.

Section 6.02 Approval of Gaming Equipment

The Gaming Commission shall have the discretion to review all gaming equipment and other
devices used in the Gaming Operation as to quality, design, integrity, fairness, honesty, and
suitability. In addition, the Commission may:

A. Require a prototype or sample of any model of gaming equipment or other device used in
the Gaming Operation to be placed in the custody of the Executive Director and/or
his/her representative and retained as a control for comparison or testing purposes.

B. Contract with independent Gaming Test Laboratory or other professional expertise it
deems necessary or appropriate to test and ensure the integrity of gaming devices,
equipment, supplies, etc.

Section 6.03 Posting of Rules

The rules of authorized table games shall be posted in a conspicuous location and shall be clearly
legible. The rules of all games shall be available for inspection by Patrons upon request. Any
evidence that game rules have been violated or that gaming equipment or other devices used in
the Gaming Operation have been tampered with or altered in any way shall be immediately
reported to the Gaming Commission.

Section 6.04 Gaming Related Activity of the Tribe

The Gaming Commission shall have full jurisdiction to apply and enforce its regulations over all
gaming and gaming related activity on the lands of the Sycuan Indian Reservation. The
Commission shall promulgate such regulations as it deems necessary to ensure the integrity of
such activity and to ensure compliance with all applicable Tribal, Federal and state laws and
regulations. Gaming Commission approval shall be required for any contracts related to any
such gaming or gaming related activities. For purpose of this section, such gaming related
activities include but are not limited to:

32


Net Win or Loss means the difference between gaming wins and losses before deducting
operating costs and expenses. For slot machines, net win or loss is equal to the drop less fills,
less hand-pays and less hand-paid jackpots,

NIGC means the National Indian Gaming Commission.

Non-Gaming Licensee means any person who is not a Gaming Employee, Primary Management
Official or Key Employee. Non-Gaming Licensee may also require licensing by the Tribal
Gaming Commission in accordance with any limitations, restrictions or regulatory requirements
deemed appropriate by the Tribal Gaming Commission

Ordinance means this Second Amended Tribal Gaming Ordinance approved by the Sycuan
Band of the Kumeyaay Nation, authorizing and setting forth the terms for Class II and Class III
Gaming Operations on the Sycuan Tribe’s land.

Patron means any individual who is physically present on any Gaming Facility premises for the
purpose of participating in Gaming Activities or availing him/herself of goods, services,
entertainment or other amenities of a Gaming Operation.

Person means any association, partnership, corporation, Limited Liability Company, firm, trust
or other form of business association or entity, as well as a natural person.

Primary Management Official means:

A. The Person(s) having management responsibility over all or any part of any Gaming
Operation.

B. Any Person who has authority to hire and fire employees or to establish working
policy for a Gaming Operation.

C. The Chief Financial Officer or other person who has financial management
responsibilities.

Reservation means any lands within the exterior boundaries of the Sycuan Indian Reservation,
and any other lands, title to which is held in trust by the United States and over which the Sycuan
Band of the Kumeyaay Indians exercise governmental authority.

Sycuan Gaming Agent means any of the employees of the Sycuan Gaming Commission.

Tribe means the Sycuan Band of the Kumeyaay Nation.


gaming laws or regulations, or a current and future Compact, the applicable Federal or State laws
and regulations or Compact provisions shall prevail as applicable to that conflicting provision of
this Ordinance only. The remainder of this Ordinance shall remain valid and in effect.

Section 10.07 Amendments

This Second Amended Tribal Gaming Ordinance may be amended by the Business Committee.
All regulations promulgated by the Gaming Commission may be revised, repealed or amended
by the Gaming Commissioners.

Section 10.08 Effective Date and Supercedure

This Second Amended Tribal Gaming Ordinance shall take effect when it has been approved or
deemed approved by the Chairman of the National Indian Gaming Commission. Upon receipt of
such approval, this Second Amended Tribal Gaming Ordinance shall replace any and all other
Sycuan Tribal Gaming Ordinances.

40


Section 2.01 _Purpose

The Sycuan Band of the Kumeyaay Nation, a Federally recognized sovereign Indian Tribe,
acting through its Articles of Association approved by the Secretary of the Interior on August 18,
1972, and subsequently amended and approved by the Secretary of the Interior on July 24, 2015,
exercising its inherent sovereign power to enact ordinances and otherwise safeguard and provide
for the health, safety and welfare of the Sycuan Indian Reservation and the members of the
Tribe, hereby ordains and establishes this SECOND AMENDED SYCUAN GAMING
ORDINANCE, herein after known by the same name, for the purpose of authorizing and
comprehensively and preemptively regulating the terms and conditions under which Class II and
Class III gaming may be conducted on lands within the Tribe’s jurisdiction.

Section 2.02 Public Policy

All Gaming conducted within the Tribe’s jurisdiction and otherwise authorized by law shall be
regulated and licensed pursuant to the provisions of this Ordinance. The Tribe hereby finds and
declares it to be the public policy of the Tribe, that:

A. Regulation of licensed Gaming is essential to ensure that such Gaming is conducted
honestly and that Gaming is free from criminal and corruptive elements.

B. Public confidence and trust can only be maintained by strict regulation of all Persons,
locations, practices, associations and activities related to the operation of licensed
Gaming Facilities and the manufacture, distribution and operation of Gaming Devices.

con All Management Entities or Controlling Shareholders, Primary Management Officials,
Key Employees, Gaming Facilities and Gaming Resource Suppliers must therefore be
licensed and controlled to protect the public health, safety, morals, good order and
general welfare of the Tribe and the public. The Sycuan Gaming Commission shall
perform background investigations and issue licenses for key employees and primary
management officials according to requirements that are at least as stringent as those
found in 25 CFR Section 556 and 558.

Section 2.03 Gaming Authorized
A. Class II gaming as defined in the Indian Gaming Regulatory Act.

B. Class HI gaming is hereby authorized, provided such gaming is also authorized by and
conducted consistent with this Ordinance and any Compact that is in effect, applicable to
lands within the Tribe’s jurisdiction or procedures prescribed by the Secretary.

C. Any form of Class II and/or Class III gaming activity conducted on land subject to the
Tribe’s jurisdiction must have prior approval of the Tribal Gaming Commission.


BC Resolution No. 2016-40

CERTIFICATION

This resolution was approved at a meeting of.the Business Committee of the

Sycuan Band of the Kumeyaay Nation on the \4 Ze ofvec., 2016, at which a
tied quorum was present, by vote of ei in favor, opposed, and a abstaining.
“he Said posouticn has not been amended or rescinded in anyway.

moi —————.

er a=

= Martinez orrell
Chairman

WP
Hertry R. Murphy
Vice Chairman

W/P

Shu Brown jeohius Muse
Council Member ‘ouncil Member.

Alanna Sandoval
Councilwoman

Page 2 of 2


With respect to License Applicants, the Commission shall retain applications for
licensing, employment investigative reports and eligibility determinations (if any)
of background investigations for inspection by the Chairman of the NIGC or State
Gaming Agency or their respective designees for no less than three (3) years from
the date of termination, denial or revocation of a License or termination of
employment, whichever is later.

H. Granting a Permanent Gaming License:

1.

If, within a thirty (30) day period after the NIGC receives a Notification of
Results, the NIGC notifies the Commission it has no objection to the issuance of a
License pursuant to a License Application filed by a Key Employee or Primary
Management Official for whom the Commission has provided an application and
investigative report to the NIGC, the Commission may issue a permanent License
to such applicant and shall notify the NIGC within thirty (30) days of such
issuance.

The Commission shall respond to a request for additional information from the
Chairman of the NIGC concerning a Key Employee or a Primary Management
Official who is the subject of a report. Such a request shall suspend the thirty (30)
day period under Subsection H(1) of this Section until the Chairman of the NIGC
receives the additional information.

If, within the thirty (30) day period described above, the NIGC provides the
Gaming Commission with a statement itemizing its objection(s) to the issuance of
a permanent license to a Key Employee or to a Primary Management Official for
whom the Commission has provided a Notification of Results to the NIGC, the
Commission shall reconsider the application, taking into account the objection(s)
itemized by NIGC. The Commission shall make the final decision whether to
issue a permanent license to such Applicant.

If, after issuing a gaming license, the NIGC notifies the Sycuan Gaming
Commission of reliable information indicating that a Key Employee or Primary
Management Official is not eligible for employment, upon receipt of such
notification, the Gaming Commission shall immediately suspend the Gaming
License.

(a) Upon suspending the Gaming License, the Gaming Commission shall
provide the Licensee with written notice of suspension and proposed
revocation of the Gaming License.

(b) The Gaming Commission shall notify the Licensee of a time and place for
a hearing on the proposed revocation of a License.

27


3.08 Sanctions

Any Person, be it an employee, Patron, vendor, or Licensed Gaming Facility, who engages in
activities that are in violation of this Ordinance and/or promulgated Gaming Regulations shall be
in violation of said Ordinance or Regulations and be subject to sanctions in accordance with the
provisions of Section 3.09.

3.09 Violations of Ordinance — Punishment

A violation of this Ordinance or promulgated Gaming Regulations may be punished by a fine for
each separate count or violation. The amount of the fine is to be determined by the Gaming
Commission. Each day of violation shall constitute a separate count or violation under this
Ordinance. A violator may also be required to pay costs, storage fees, and auction or sales fees.
All property used or which may be used in activities in each and every separate violation of this
Ordinance may become property of the Tribe. Persons may be barred or prohibited from
trespassing on premises licensed under this Ordinance and/or surrounding Tribal land, licenses
may be suspended, revoked, or limited and Gaming Facilities may be closed. Violators may be
subject to prosecution by local or federal law enforcement. All such action shall be taken at the
discretion of the Gaming Commission, subject to right of appeal to the Gaming Commissioners.
Winnings determined to have been received in violation of this Ordinance shall be forfeited and
become the property of the Tribe.

3.10 Due Process Regarding Enforcement Actions

The Tribal Gaming Commission shall promulgate Regulations protecting due process rights of
all individuals subject to the enforcement of this Ordinance. Such Regulations shall, at a
minimum, include the following:

A. Provide standards for emergency or summary suspension of Licenses.

B. Provide fair notice and opportunity for a hearing before the Gaming Commission
regarding any revocation or suspension of a Gaming License, and regarding any
enforcement action taken pursuant to this Ordinance.

Cc. Provide the right to appeal, de novo, any disciplinary or enforcement action to the
Gaming Commission.

3.11 Patron Disputes

The Gaming Commission shall promulgate regulations governing Patron disputes over the
operation of any game, including any refusal to pay a Patron any alleged winnings from any
Gaming Activities, which regulations must meet the following standards:

A. A Patron who makes an oral or written complaint to personnel of the Gaming Operation
over the play or operation of any game within three (3) days of the play or operation at

16


Cody J. Martinez
Chairman

Henry R. Murphy
Vice Chairman
+)
Charlene Worrell
Secretary

LaShunna Davidson
Treasurer

Shu Brown
Council Member

Joshua Muse
Council Member

Alanna Sandoval
Councilwoman

BC RESOLUTION NO. 2016-40
Resolution of the Business Committee of the
Sycuan Band of the Kumeyaay Nation
Amendment to Sycuan Tribal Resolution No. 2016-35
Approval of Second Amended Tribal Gaming Ordinance

WHEREAS, the Sycuan Band of the Kumeyaay Nation (“Sycuan” or “Tribe”) isa
federally-recognized, sovereign American Indian Tribe; and

WHEREAS, the Sycuan Reservation (“Reservation”) was established by an
Executive Order issued on December 27, 1875, and by an act of the
United States Congress (26 Stat. 712-714 c.65); and

WHEREAS, on May 7, 1972, Sycuan adopted Articles of Association (“Articles”),
which were approved by the Secretary of the Interior on August 18,
1972; said Articles have been further amended by Sycuan and said
amendments have been ratified and approved by the General Council
of Sycuan and the Secretary of the Interior; and

WHEREAS, Sycuan first adopted its Tribal Gaming Ordinance by Resolution No.
94-113, which was later amended by Resolution No. 2014-2; and

WHEREAS, the Business Committee wishes to adopt further amendments to its
Tribal Gaming Ordinance.

NOW, THEREFORE, BE IT RESOLVED that the Sycuan Business Committee, on
behalf of the Tribe, hereby approves the Second Amended Tribal Gaming
Ordinance attached as “Exhibit A.”

Page 1 of 2

| Kwaaypaay Court + El Cajon, California 92019 + 619.445.2613 + Fax 619.445.1927 * sycuantribe.com


Section 8.01 Unlawful Acts

It shall be unlawful for any individual, entity or group of individuals to commit or conspire to
commit any of the following acts:

A.

To alter or misrepresent the outcome of a game or other event on which wagers have
been made after the outcome has been determined but before it has been revealed to the
players.

To place, increase or decrease a bet or to determine the course of play after acquiring
knowledge, not available to all players, of the outcome of the game or knowledge or any
event that may affect the outcome of the game or knowledge that is the subject of the bet
or wager.

To aid anyone in acquiring such knowledge as set forth in Subparagraph B for the
purpose of increasing or decreasing a bet or wager, or for the purpose of determining the
course of play contingent upon that event or outcome.

To claim, collect or take, or attempt to claim collect or take money or anything of value
in or from a gambling game with intent to defraud, without having made a wager
contingent thereon, or to claim, collect or take an amount greater than the amount won.

To knowingly entice or induce another to go to any place where a gambling game is
being conducted or operated in violation of the provisions of this chapter, with the intent
that the other person play or participate in the a gambling game.

To place or increase a bet or wager, after acquiring knowledge of the outcome of the
game or event, which is the subject of the bet or wager, including past-posting and
pressing bets.

To reduce the amount wagered or cancel the bet after acquiring knowledge of the
outcome of the game or other event, which is the subject of the bet or wager, including
pinching bets.

To manipulate with intent to cheat any component of a gaming device in a manner
contrary to the designed and normal operational purpose for the component, with
knowledge or hope that the manipulation affects the outcome of the game or prize or with
knowledge not commonly available to game participants of any event that affects the
outcome of the game or prize.

To solicit funds or anything of value from any patron or employee, except for
solicitations authorized by the Gaming Commission as to time, place, manner or purpose.

35


(b) Sign a statement acknowledging receipt of Privacy Act and false statement
notices.

Background investigations: No License shall be granted to an Applicant who has been
determined to be a person or entity whose prior activities, criminal record, if any, or
reputation, habits, and/or associations pose a threat to the public interest or to the
effective regulation and control of gaming, or create or enhance the danger 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.

1. License Application Minimum Requirements: The Commission shall request
from each License Applicant all of the following information:

(a) Full name, other names used (oral or written, including nicknames), Social
Security number(s), birth date, place of birth, citizenship, gender, and all
languages spoken or written.

(b) Currently and for the previous ten years, all business and employments
positions held, ownership interests in those businesses, business and
residence addresses, and drivers license numbers (including state).

(c) | The names and current addresses and, if available, telephone numbers of
at least three personal references, including one personal reference who
was acquainted with the applicant at the residences listed under paragraph
(1)(b) of this Subsection.

(d) Current business and residence telephone numbers.

(e) A description of any existing and previous business relationships with any
Indian Tribe, including ownership interest in those businesses.

(f) A description of any existing and previous business relationships with the
gaming industry generally, including ownership interests in those
businesses.

(g) | The name and address of every licensing or regulatory agency with which
the person has filed an application for a license or permit related to
gaming, whether or not such license or permit was granted, denied,
withdrawn, revoked or suspended.

(h) For each public offense (excluding infractions) for which there is an
ongoing prosecution or a conviction, the charge, the name and address of
the court involved, the case number and the date and disposition if any.

23


B. Include an opinion that the financial statement fairly and accurately presents the financial
condition of the gaming operation in accordance with Generally Accepted Accounting
Principles (GAAP) and in accordance with the Government standards of accounting and
the gaming auditing standards established by the American Institute of Certified Public
Accounts.

Cc. Disclose whether the accounts, records and control procedures maintained by the gaming
operation are as required by the Regulations promulgated by the Gaming Commission.

Dz. Provide for preliminary review of the internal control structure upon adoption of the
policies and procedures by the Gaming Facility, provide an opinion regarding the
adequacy of controls, to disclose any deviation from prescribed rules and regulations, and
report such finding to the Gaming Commission and Gaming Facility management.

Section 5.03 Sycuan Tribal Gaming Commission’s Right to Conduct Audits

The Gaming Commission is authorized to retain its own staff auditors and accountants, or
contract with an accountant(s), to conduct its own audits of any Gaming Operation, separate and
apart from the annual audit of the Gaming Operation’s financial statements and internal control
compliance

Section 5.04 Prohibition Against Embezzlement

Any delay, maneuver or action of any kind which, in the opinion of the Executive Director of the
Gaming Commission or Commissioners, is effectuated or attempted by any Licensee to
unlawfully divert gaming or other proceeds properly belonging to the Tribe, shall constitute
grounds for imposing sanctions upon that Licensee. If the Tribal Gaming Commission finds that
an unlawful diversion was conducted or attempted, it shall sanction the Licensee. Sanctions may
include fining, revoking, suspending, limiting or refusing to renew the License, or referring the
matter for criminal prosecution and/or a civil action to recover funds and other property and
enforcement of fines.

31


CHAPTER 4

LICENSING


Indian Lands means:

A. Land within the limits of an Indian reservation; or
B. Land over which an Indian Tribe exercises governmental power and that is either,

1. Held in trust by the United States for the benefit of any Indian Tribe or individual;
or

2. Held by an Indian Tribe or individual subject to restriction by the United States
against alienation.

Indian Tribe means any Indian Tribe, band, nation, or other organized group or community of
Indians that the Secretary recognizes as

A. Eligible for the special programs and services provided by the United States to
Indians because of their status as Indians; and

B. Having powers of self-government.

Key Employee means:

A. A Person who performs one or more of the following functions:
1. Bingo caller, supervisor and cashier.
2. Counting room supervisor, count and drop personnel.
3. All security and surveillance personnel.
4. Custodian of gaming supplies or cash.
5. Card room supervisor or floor manager.
6. Pit boss or shift supervisor.
7. Dealer.
8. Croupier.

9. Any Cashier.


To take or attempt to take by theft or trick, any chip(s), coin(s), token(s), machine credits,
tokens, currency, or anything of value from any Patron or employee.

To refuse to leave the Gaming Facility when requested.

To deliberately or negligently damage or attempt to damage, any real or personal
property, belonging to the Sycuan Tribe, or any Patron, employee, or Tribal Corporation
on the Sycuan Indian Reservation.

For an individual under 18 years of age to make any wager either directly or indirectly in
any Class II or Class III gaming activity.

To either intentionally or recklessly cause or threaten to cause injury or harm to the
person of any Patron, employee, management officials, or Gaming Commission members
or staff.

To possess any chips, tokens, tickets, cards, device, paraphernalia, etc. that could
reasonably be conducted to be useful in cheating, defrauding, manipulating, or altering
any game gaming device, gaming equipment, machine, computer, or gaming supplies.

For any employee to aid, conspire, collude or assist in any way any Person to win or have
any unfair advantage to win any game, or otherwise to acquire anything of value unfairly,
or to fail to report any such information to the Gaming Commission.

To offer or attempt to offer anything of value to a Licensee in an attempt to induce the
Licensee to act in a manner contrary to the duties, or refrain from acting in a manner
required by such duties, under applicable law or this Ordinance.

To take any action, or fail to take any action, which intentionally delays, interferes with,
or prevents the Gaming Commission from fulfilling its duties and responsibilities under
this Ordinance or other applicable law or Regulation.

To intentionally make any false, misleading, or untruthful statement to a Gaming
Commission representative during the course of an official inquiry interview,
investigation, hearing or proceeding that is conducted by, or on the behalf of, the Gaming
Commission or the Sycuan Band of the Kumeyaay Nation.

Section 8.02 Prohibition Against Electronic Aids ~ Card Games

Except as specifically permitted by the Gaming Commission, no person shall possess with the
intent to use, or actually use, at any table, either alone or in concert with others, any calculator,
computer or other electronic, electrical or electromechanical device to assist in projecting the
outcome of any table game, to keep track of or analyze the cards dealt, to change the
probabilities of any table game or the playing strategies to be utilized. The Gaming Commission

36


CHAPTER 9

NIGC AND TRIBAL —
STATE COMPACT


CHAPTER 2

PURPOSE, PUBLIC
POLICY, APPLICABILITY
AND AUTHORIZATION