SEP 2 8 f9% 

Delbert Wavatone 

Chairman 

Hualapai Tribe 

P.O. Box 179 

Peach Springs, AZ 86434 

Dear Chairman Havatone: 

This letter reapands to your request to review and approve 

the tribal gaming ordinance, ordinance No. 29-93, as amendad and 

adopted by Resolution No. 62-95, adapted on August 26, 1995, by 

the Rualapai Tribe (Tribe). Thie letter constitutes euch 

approval under the Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian 

Gaming Commis~ion [NIGC), the Chairman is directed to review 

ordinances with respect to the requirements of the IGRA and the 

implementing regulations. Thus, the scope of the Chairman's 

review and approval is limited to the requirement@ of the IGRn 

and the NIGC regulations, Provieions ather than thoee required 

under the IGRA or the NIGC regulations that may be included in a 

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

such approval does not constitute approval of apecific gamea. It 

is important to note that the gaming ordinance ie approved for 

gaming only on Indian lande as defined in the IGRA. 

With the Chairman's approval of the ~ribe's gaming 

ordinance, the Tribe is now required to conduct background 

investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application 

for each key employee and primary management official pureuant to 

25 C.F.R. 5 556.5(a) and an inveetigative report on each 

background investigation before issuing a license to a key 

employee or primary management official pureuant to 25 C.F.R. 

§ 556.5(b). 

Thank you for eubmitting the ordinance of the Wualapai ~ribe 

for review and approval. The NIGC staff and I look forward to 

working with you and the Tribe in implementing the IGRA. 

sincerely yours, 

chairman 

cc: Jill E. Grant, Esq. 

! 

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ORDINANCE OF THE TRIBAL COUNCIL 

HUALAPAI TRIBE 

Ordinance No. 29-93 

Hnalapai Tribe Gaming Ordinance 

WHEREAS, the Hualapai Tribe is a federally recognized Indian tribe organized under a Revised 

Constitution adopted pursuant to the lndian Reorganization Act vesting all governmental powers in 

the Tribal Council; and 

WHEREAS, Congress has enacted the Indian Gaming Regulatory Act of 19E8, 25 U.S.C. 5 

270 1 e t seq. (Act), to regulate certain types of gaming on Indian lands; and 

WHEREAS, the Tribal Council desires to regulate all gaming within its reservation and on all 

lands subject to the jurisdiction of the Tribe (Tribal lands) for the purpose of generating 

governmental revenue, promoting tribaI economic development, tribal sufficiency, and a strong 

tribal government; and 

WHEREAS, the Tribal Council has the right to regulate class I and It gaming as those terms are 

defined under the Act, on Tribal lands and may jointly regulate all class ZII gaming activities. as 

that term is defined in the Act, pursuant to a gaming compact with the state; and 

WHEREAS, the Tribal Council finds that it is in the best interest of the Tribe 20 enact a gaming 

ordinance that authorizes and regulates all gaming on Tribal lands consistent with the Act and 10 

authorize the Chairman to enter into a gaming compact with the State of Arizona for the purpose of 

conducting class 111 gaming on Tribal Lands subject to approval by the Trj Gal Council. 

NOW THEREFORE BE IT ORDAINED by the Tribal Council of the Hualapai Tribe that 

effective on the date approved by the Secretary of the lnterior or the Chairman of the National 

[ndian Gaming Commission, the Hualapai Tribe hereby enacts the Hualapai Tribe Gaming 

Ordinance, attached hereto as Exhibit A. 

BE IT FURTHER ORDAINED that subject to Tribal CounciI approval of the compact, the 

Chairman of the Tribe is hereby authorized to enter into a gaming compact with the State of 

Arizona for the purpose of conducting class III gaming on Tribal Lands. 

CERTIFICATION 

I, the undersiyed as Chairman of the Hualapai Tribal Council hereby certify that the Hualapai 

Tribal Is composed of nine (9) members of whom -9- constituting a quonrm were present at a 

REGULAR MEETING thereof held on this 6th day of Febraary 1993; and that the 

foregoing resolution was duly adopted by a vote of -7- for -0- against. -2- not voting, and 

-0- absent, pursuant to authority of Article V, Section (a) of the Constitution of the Yualapai 

Tribe approved March 13, 1991. 

deibert Havatone, Chairman 

Hualapai Tribal Council 

ATTEST 

c-2; ~~iz .= 

Christine Lee, Secretary 

Hualapai Tribal Council 
Pemnbie The Hudlapai Tnid Council has the right to reguIate class I and II 

gaming activities, as those terms are defined in the hdian Gaming Regulatory Act, on 

Tribal lands and may jointly reg&& dl class III &b1g activity, as that term is defied 

in the Act, purmant to a gaming compact with the state. The Tribal Council finds that 

it k in the kt interest of ~e Tnie to enact a gaming ordinance that authoizes and 

reg- all garnirrg on Tribal Iands consistent with the Act, 

S~CI*ION I. Dm. For purposes of this ordinance: 

{a) "Act"rneadstZlekdianG&gRe~toryA~t,Pub.L.No.1W97,25 

U.S.C. I§ 2701 g a-3 and applica3EIe regulations promulgated under the Act 

@) 'Board" means the Hvalapai Tn3e Gaming Board &tablish& by thit 

ordinance. 

(c) "Chbanw mas the Chairman of the Hualapai Tribal Council. 

(6) "Chairman of the Board" mans the Chairman of the Hdapai Tribe 

&?ling Board mt~blished by the ordinance. 

(e) "Class I gaming" means class I gaming as defined in the Act. 

(f) "Class II ,-gw means cIass I1 gaming as defined in the Act. 

@ "CIass ID gaming" mas elass ID ,Paming as defined in the Act, 

Ch) "Commission" mas the National Indian Gaming Commission established 

under the Act. 

(i) "Compactw mans any Tribal-State Gaming Compact betwen the Tnie 

and tfie State goventing class gaming. 

@ "Council" mas the Tribal Council, the governing bdy of the Hualapai T&e. 

(k) 'Eltxtronic game of chancew means a micsoprmessor-conmUed electronic 

device that aUows a player lo play games of chance, some of which are affected by skill, 

which device is activated by the msertian of a token, coin or currency, or by the use of 

a dt, and which awads game credits, .cash, bkens, or whys, or a writren statement 

of the player's accumulated credits, which witten statements are redeemzble for cash. 

Game play may be displayed by vidm facsimile or mechanical rotating =Is wherttby the 

sof~ase of the de~ce predetermines the stop positions and the presence, or lack tliemf, of a winning combination andy pay-our, if my. 

0) "Gam'mg ernpIoycw means any natural person employed by a gdg operahn or management contractor. 
(m) 'Gaming device' or 'gaming equipment" means any equipment or 

mechanicaf, electromechanical, or elecmnic contrivance, component, or machine used 

remotely or My in connection wish gaming. 

(n) 'Gaming Wty' means the building, or room in which class I, chs II, 

Or * mg is conducted on Tribd lands. 

30) 'Gaming -on" means the enterprise owned by the Tribe. for the 

conduct of the gaming in any gaming facility on Tnbal lands. 

@) 'wg savices" mans the providing of any goods, services or 

concessions by contract ta the Tnk gaming opxation, or management contractor in 

oonnection with the opaation of gaming in a gaming facility in an amount in excess of 

$10,m monthly, except for professional, legal or accounting ocrvices. No conmct may be broken up into pts far the putpose of avoiding this detinition and any nx,uirrment 

of ficensuse or certification, 

(Q) 'Management conmtar' means any management company engaged by 

the Tdbe to assist in the management or operation of any gaming operation. 

(r) 'Net rwenues" means gross revenues of gaming activity less amounts paid 

out as, or paid for, prizes and mtaI operating expenses, but excluding management fes 

paid to a management contractor. 

(s) mOrdinancen means this Rualapai Tribe Gaming Ordinme. 

(0 "Pwson* means any individual, pmership, copration, company or other 

legal entilty. 

(u) "Secre+qm means the Secretary of the Lnterior or his duly aauthorized 

represen~tive. 

(v) "State" means the State of Arizona, its authorized oficids, agents and 

representatives. 

(w) Tribem mans (he Ruatapai Tribe, a faler&lY recognized Indian tribe, its 

authorized officials, agents and qmtatives. 

(XI *TribaI landsu means dl lands within the exterior boundaria of the 

Resenation and any lands title ta which is either held in nst by the United 

States for the benefit of the Tsik or Tribal members ar heId by the Tribe at Tribal 

members in fee or subjert to res~don by the UnibPd States against dienation mnd over 

which the Tribe exercises governmend power. 

SECTION 2. JTIRPOSE. The putpose of this ordinance is to provide for the 

regulation of all gaming on TribaI hds re pmmt the public interest in the integrity of 

dl gaming, to prevent irnpro~r or udawfd conduct in gaming, to smngthen &:bd sdfgavernment, and to promote tribal mnomic self-suEciency. 
(a3 g tivitia. A gaming ptioa may operate in its 

gdg fdtimrm?of class I and class II gaming and, mbjst to the 

provisions of a compact, any and all forms of class III gaming on Tribal lands. 

(b) Fmms of nayma All payment for wagers made in gaming conduct& 

by the gaming opuation hall be made by cash, chips, or tokens. ?he gaming -tion 

shall not extend credit. Chips or tokens may be purchased using cash or checks. 

w=* hmrtaam *. . . The Board may set by rewon the maximum 

wag= for class rn gaming. 

Horn of m. A gaming -tion may operate its gaming activities 

on the hours and rfays approved by the Board. 

(c> - .* rb~~on on rninm. No pcrson under the age of 18 shall participate in. 

my gmg; howtver, minors may lx tmpIoyed in fd, beverage (non-alcohoLic), 

maintenance and servict of a gamirrg optration. 

SECTTON 4. CObfpLfANC'E WKK TEE ACT. This ordiiance shd be 

consmed in a rnanner that conforms to the Act in all sesperts, and, if inconsistent with 

the Act in any manner, the provisions of the Act shall govern: 

(a) mrittanr inmsr. The Tribe shall have she mIe proprietary interest in 

and ~ponsibiliry for theconduct of any gaming on Tribal lands; however, nothing herek 

shall prevent the Tribe from entering mto a management contract for the operation and. 

management of any geg activity. 

(b) Use of net revenues. Net revenues hrn any gaming shall be used for the 

following purposes: 

(3) to fund hbd government wtions or programs; 

(2) to provide for the general welfare of the Tribe and its members; 

(3) to promote tribal anamic dcvtlopmenz; 

(4) to donate to chariale organizations; 

(5) to help fund opetations of Id government agencies; or, 

(c) Annual audit. hy gaming opmtion shall be subject to an annual audit 

by independent certified public accountants. Copies of the annual audit shall be sent to 

the Commission. All contracts for supplies, seNices, or concessions for a conmcct: 

amount in excess of $25,000 annually (except contracts for professional legal or 

accounting services) relating to gaming shall be subject to the annual audit. 

(dl Public safe& standatdg. All gaming facilitia shall be consmcted and 

maintained in a manner that adequately protects the environment and the public heale. 
and safety and cornplies with all applicable hdth, safety and environmental standards 

macred by the Tribe. 

(el . . and backmund mves-. 

(A) . * +. Each gaming @on and 

mty MbeIia by the Bard. 

@I Iovw. All gaming employees shall be lid 

by the Beard and subject m bac%mvesdgations. 

(C) Martwrnmt mtracton. All management Conhacbrs, including its principals, shartholdm, offim, directors and key employees, shall be 

licensed by the Board and subject to background investigations. 

@I Garnin~ devices md cclui~rnrn. Each gaming dwia and 

all gaming equipment shall k licensed by the Board and shd be inspec+& and dcd 

for proptr operation at 1- annually by an in-tor approved by the Board. 

(E) Sdes of earnine devices. aui~ment or serviceg, 

pmpos~g to stff or Iuse any gaming device or equipment or gaming setvices to the 

gaming operation shall be by the Soard and subject to background investigations 

before selling or leasing any gaming senices to any gaming operation or facilizy, or 

management conmc:or. 

(A) -. &Each applicant for a License shafl, submit a completed appliarion and any other information required b the Board. Each 

applicationshall beaccompanied by ~eapplicant's (or shareholders, o & cersandditectors 

of a corporate appliant) fingerprint card, two cant photopphs, and any fees required 

by the Bard. Each applicvrt shall be required b sign and submit a sGitcrnent in 

compliance with the Federal Privacy Act of 1974 and to submit a statement. or notice 

~eg~ding false statements as requid by the Act. 

@I . - ckmund invwons of w. Upan dpt of a 

compIeted appliation and tSle fa quired for the license, the Board shall mnduct the 

ntctssary background investigation udcss olhwwisc quid by the Act to msm the 

applicant is quah5d for a ticensc. Upon cempIetion of the neixssq background investigation, the Bmd shall either issue a license to the applicant with a copy te the 

Commission, or deny the application. If the application is denied, a statement setting 

forth the grounds for dtniaE &dl be smt zo he applicant with a copy to the Cornmission. 

(c) uradon and mewal of tribal licenses. Any license with 

regard fo a management or gaming employee shall be effective for one year 

from the date of rssuance. Any license for a management contractor shall be renewed 

aut~maticdy each year during the term of the management agreement unless the Board 

derermirzes that the management cunmctor is in violation of hs Ordinance or appIicable 

fded law. An applicant for renewal who has submiw the required applidon and any other information required by the Board at least sixty (60) days before the expiration of 
his limse may continue to be employed under the expired Iictnse or until final don is 

Qkcn on the renewal application by the Board or, if muired by the Act, the Commission. 

Applicants for renewal of licenses sha proride updated material and infermation as 

quested on the appropriate renewal forms, but shall not be requited to resubmit 

historid dan My provided or orhenvise is aMilable to the Board. 

tiffcation . The Board shall require all gaming rmployeu 0 wear idmtificayd by U, Board which shall indude the 

employee's photogzph, first and last name, employe number, signatuse, and a date of 

expiration. 

0 The f= for gaming Zicmss and 

background investigations s&% Etb,"= horn time m time and made available 

at any time upan requa K the ac&~ costs incurd by the &sard for a background 

investigation exceed the mount d-t& by the applicant, those conJ may be assessed 

to the applicant in the dimetion of tee M. In such casts, the Board shall submit a 

deailed billing of the corn and an explanation as te why the ex- costs wtre ~CWTC

Payment in full of any required fet is quid before a license is issued. 

SECnON 5. STANDARBS OF r3PER4nON AND MANAGEMENT _. 

(a) m . The technical standards of opration and management for class m gaming t~~=ose as dapd in accordance with a COmpaR 

(b) Class T and dass TI gaming. The bard may adopt standards of opration and management far chs E and class p: gaming, and pending such adoption, may direct 

the gaming operation to comply with the standards as the &ard may deermine ~L~~~SSXY 

'Do protbct the integrity of class I and cIass II gaming. 

SECTION 6. -. 

(a) and S " G . Any a-on of theTribt 

my engage f mwcompliance with Ordinme 

only if the gaming activity engaged in is wlely for pk of minimal value and fo~ 

mgnized charitable, tdrtional, and mid purposes: 

(1) bingo; 

(3) rafnes or drawings; 

(4) sp~rts or gambling pools; or 

(3 traditional forms of gaming when played by Tnial members in 

connedon with Tribal ceremonies at celebrations. 

(b) Prize Limits. For purposes of this section, "prk of minimal vdut" shd 

man any gaming in which the agg-egate amount of all prizes awarded or given in a 

single gathering or session is no greater than that dowed under the laws of the sate of 

Arjzona. 
Ic3 ard Au~ori~, The Bod shall have authority to grant exemptions, 

hatigate any gaming exempted by this Ordinance, to We measures to ensure the 

inkgrity of any gaming or ohenvise, to determine whether such gaming is in =liolation 

of Ordinance, and to enforce the provisions of this Ordinance. 

(a) tw and ad. A gaming operation may mk~ into 

a management contact with a management mnmctur for the management of a. gaming 

operation and facili.ties subject to approval of the Council and Setret;itv or Commission. 

(1) Gov_ernmental au~orin. All gaming covered by a management mnbact dull be conducted in accordance w:th this ordinance and the Act. 

(23 Femnsibilities. 'She management mnmct shall identify the 

rtsponslifiries of each party for each identifiable function as set forth in the Act. 

(3) Accounting. The management contract shd provide for the 

esablishment and maintenance of satisfactory accounting systems and prwdures that 

shall include an adequate system of internal accounting consols and permit the preparation 

of financial statements in accordan= with generally accepted accounting principles. 

(4) P-rts. A management cenmctor at its own cost and expense 

shall provide a monthly verifiable financial report to the Tribe, Board, and if required 

by be Act, the Secretary andfor Commission. 

(5) Acces3. A managemegt conhactor shall allow immediate access to 

the gaming opesation and facilities, inc?uding its bks and records, to authorized officials 

af the Tribe, Bard, Seremy or commission, who shall have the right to verify the daily 

pss =venues and income from my gaming activity and access to any other gamingrdated information that Ihe Tribe, Board, Secre!ary or Commission deems appropriate. 

(6) Gumteed minimum oavment. All management conExts shall 

provide for a minimum gwan~ rnonddy payment in a sum cescaln to the: gaming 

operation that has preference over the retirement of any development and conmction 

CDStS. 

0 PeveEoement and construction costs. All management conwts 

shall provide for an agreed upon maximum dollar amount per month of revenues for the 

recoupment of development and constsuction costs. 

(8) Term. No management contract shall be for a term exding five 

(5) years unless upon request of the bard, the Commission authorizes a longer contract 

tern in which event the term shall not ex& seven m years. 

19) omm~s~on. M mmagement conmcts shall provide tttae not 

more than thy perc2t (10 %) of the net revenues of a gaming opention shall be paid 

to the management conmcter udess a higher percentage, not to exceed forty percent 

(407.) is authorized by the Secretary or Commission pursuant to the Act. The balance 
of the net revenues *dl be paid to the T~dsunr of the Tribe or bibal tpxatian as set 

forth in the management conat, 

(10) Termination: disuutq. AU management cunmcts shall provide p~ds and metfianisms for rndlifylng at terminating the management mbcact and 

lnclude a mechanism b resolve disputes between the gaming operation and man.agernent 

antractor, the management wntmctor and customers, and management cantractor and 

gmhg enrploylees. 

(1 1) Assimrnents and subcontracting. All management conmcts shall 

indicate that assignment of sights under a -ernetlt conmct and subconmchg are 

not mtkd unless authorized by the Bard. 

(12) Ownenhip intern. All ehges in the ownership interest in a 

management contractor shall require advance approval of the bard. 

1133 Prohibitd provisiong. A management conmet shall not tmsfer 

or mnvey any interest in Tribal lands unless autho- by fded law. 

(a) Establishment of the Board. a~mintrnerrt: term. There is hereby established a Board consisting af three members who shall be appointed by the Chairman 

with the approval of the CouncJ to serve on a part-time basis for a term of three years + commencing on the date of their appointment. 

(3) rompemation. The compensation of members of the bard shall 

be established by the Ceuncd. 

(c) Removal. me Council by a majority vote may temsve any Bard 

member for any reason at any time with ar without .cause. 

(d) Vacancies. The Chairman with the approraI of the Council may 

by appointment rill any vacancies in the Board. 

(4 Powers and duties of the Board. The Board shall have the following 

paw= and duties: 

(1) Ovmieht of gamin^ -tion: hsxctoq. The Bard shdl have 

primary responsibility for oversight to assure the integrity of the gaming operation and 

shall, or for that pwpse, employ inspctors who shaU be under the sole supervision of 

the kd and not under the supenision of any management contractors or gaming operation. The inspectors sha have access to all areas of the gaming facilities at all 

times. The inspectom shd report to the Board regarding an failure by the gaming 

operation or management cona-actor to amply with any o 7 the provisions of this 

ordinance and any other applicabIe laws. All inqxcton shd be licensed by the Board 

and subject to background investigations. 

(2) Znvestizations: subwena. The Bard may on its own initiative 

investigate any aspect of the gaming operation to protect the public interest in the integrity 

of the gaming activities and to prevent improper or unlawfuI canduct in the course of any gaming activities. The Board may require the gaming operation or any management 
contractor to take any appropriate action deemed necessary to comply with the ordinance, 

An, or other applicable law. The Board may compel any peMn to appear before it and 

to provide such informatian, documents or other materials as may be in their possession 

to assist in any such investigation. 

(3) Public safetv. The Board shall ensure that the gaming operation 

or management contractor shall and submit for review and approval of the Board 

a atisfactory plan for the pmtmtion of the public in the gaming facilities. 

(4) Rwiew of ~lanr. The Board shall review and approve floor plans and sumeibnce systems for eachgaming facility and may confer with other organizations 

regarding the adequacy of such plans and systems. 

(5) Regulztiolllations. The Board may promulgate regulations to govern the 

operation and management of the gaming activity. 

(6) Licenses. The Board may issue, suspend and revoke Iimses in 

accordance with this ordinmc. 

(7) . The hard shall promulgate, review, and revise the 

technical standards and rules of each game operated by the gaming operation or 

management contractor and shd noti@ the gaming operation and management contncter 

of the rules and of any change to the rules. 

(8) Health and safew standards. The hard shall enforce the health 

and safety standards applicable to the gaming facilities in accordance with this ordinance. 

Before the openkg of any gaming facility for gaming activity, the gaming operation or 

management contractor shall obezin a certificate of compliance from the &arc relating 

to he gaming facilities. The hard shall issue a certificate of compliance to the gaming 

... operation upon a determination that the gaming facilities comply with applicable hdth 

and safety standards. 

(9) Penalties and subpoenas. The Board shall be empowered to impose 

penalties for violations of ihis ordinance and issue subpoenas in furtherance of i3 duties. 

(10) Civil and criminal actions. The Board may in the name of the 

Tribe bring any civil action or criminal complaint in the courts of the Tribe, the State 

or the United States to enforce the provisions of this ordinance, the Act or my Compact, 

or to enjoin or othenvim prevent any violation of this ordinance, the Act or a a7plicabIe 

law, ~uning on Tribal lands. 

(1 1) Budget. The Board shall adopt an annual opexahg budget which 

shall be subjst to the appmval of the Council and may in accordance with the budget 

employ a staff as it deems necessary to fulfill its responsibilines under this ordinance, 

and may retain legal counsel, consultants and other professional semivims, including 

investigative senica, to assist the Board with respect to any of the issues over which 

the Board exercises jurisdiction. The expenses of the Board in accordance with such 

budget shall be appropriated by the Council horn the net revenues paid to the Tribe. 

(12) Orders: review by Tribal Coue. The Board may issue an order or 

decision which the Board has the power to issue, to the gaming operation, any gaming 

employee, or management contnctor, or to any other person uithin the jurisdichon of 
the Tribe, to ae any action or cease and desist from my action as may be required to 

protect to the public interest in gaming. Any final order or decision of she Board. shall 

be subject to review by the Tribal Court, which decision shall be final. 

(f) I&&s. The Board may conduct any hearing, investigation or inquiq, ampel the prduction of my information or documents, and otherwise cxerci,se the 

kvestigatoty powers to any out the duties assigned under this mdinance. 

Cg) Director. The Bmrd may appoint and retain an individual tu serve as 

mr of the bard to administer and enforce its rqmnsibilities as necesq to ovem 

inspectors appointed by the hd and other s&F as the Board may empIoy, conduct 

hdgs, investigations, and othemise act on behalf of the Board as authorized "~y the 

%ad. The Dkmr shall be responsible for coordiition of the functions of the Board 

and other federal, state, and led agencies as necessary. 

(1) Rezular rne5na. Regular meting3 of the Board may be heId 

upon such notice, or without notice, and at such time and place as shd from t:me to 

time be fixed by the Board. Unless o'the&se sp5fied by the Board, no notice of such 

regular meetings shall be necessary. 

(2) SkaI rneetin~3. Special meetings of the Board may be ailed by 

the Chairman of the hard or may be held by teleconference or by polling. The 

Chairman of the Board shall fix the time and place of the special meeting. Neither the 

business to be transacted at, nor the purposesbf, any regular or specid rreeting of the 

Board need to be wfied in the notice of the meting. 

(3) Ouorum. At any m&g of the Wd, a majority of the Board 

rnenibers shall constitute a quorum for the tmnsac~tion of business. The vote of a rnajotity 

of the members present at a meeting at which a quorum is present shall be the act: of the 

Board. The Chairman of the Board shall preside at all meetings of the Board unless the 

Chairman of the Board designates another member to preside m his absence. Approval of action telephonically or by polling is also ausfrorized. 

(4) frotice of Board action. No action of the Board to impose a pendty 

pursuant to this ordinance, or to revoke a license for a gaming employee previously 

issued by the Board, shall be did udess the pemn affates is given at least seven (7) 

calendar days' notice af the proposed action and the opportunity to appeat and to be 

had before the kd, either in persan or through a representative or legal counsel, and 

to submit such evidence as the Board deems relevant to the matter at issue. Nc notice 

Is necessary to suspend a license but a revoation hearing must be held within nine (9) 

days or the suspension shall be discharged automaticatly. 

(5) fTaring3. If the Baard dems it nwsary to pmbt the public 

interest in the inte,gity of the gaming activities, the Board may take such action with 

immediate effect .as it deems required, and shall thereupon provide notice and an 

opportunity to be heard to the affwted person as soon as is reasanably practicable 

following such action. Any person who is denied a gaming employtz license or who is 

barred from the gaming facilities by action of the Board may quest a hdg before 

the Board by written request submitted within (30) days following rmipt of notice 

of the ac6on of the kard, and the Board shall thereupon afford an opportunity to appear 
and be heard before the bard, either in person or through a representative or legal counsel, and to submit such evidence as the Board deems relevant to the matter at kue 

and thdm the Soatd shall either affirm or reconsider its decision. Any hearing conducted may at the direction of tke Board be conducted by the Director or by one or 

more members of the Board designated by the Bard for that purpose. 

(6) b-3. The Board may adopt such additional 

procedures and des as it dems ncessary or convenient to govern its affairs and which 

are consisteat with this ordinance. 

It shdl be a violation of this ordinance for any Fmn to: 

(a) Conduct or participate in any gambling on Tribal lands other than at 

authoM and licensed gaming facilities. 

@) Rpeivc, distribute, apply or divert any pmperty , funds, proceeds, or other 

vt~ of the gaming operation to the benefit of any person except as autharized 3y this 

ordmce, a compact, or the Act. 

(c) Tamper with any gaming device or equipment used in the conduct of any 

gaming operations with the intent to cause any person to win or lose any wa, vw other 

than in accordance wirh the publicly-announced rules of the gaming operadonr. 

(d) Do any other act in connection with the conduct of any ,gaming operation 

with the mtent to affect the outcome of any wager other than in accordance with the 

publicly-announced rules of such gaming operation. 

(e) TO alter or misrepresent the outcome of other event on which wagers have 

kn made after the outcome is made sure but befare it is revealed to the players. 

(f) To place, increase or d- a bet or to determine the course of pL1y after 

acquiring howledge, not available to all playen, of the outcome of the game or any 

event that affgts the outcome of the game or which is the subject of the bet or to aid 

myone in acquiring such howledge for the purpose of placing, increving or decreasing 

a bet or determining the cuurse of play contingent upon that event or outcome. 

(g) Toclaim,coll~tortake,oratutmpttoclaim,coUgtortake,moneyor 

mything of value in or from a gaming device or equipment, with intent to defraud, 

without having made a wager themn, or to claim, coUect or take an amount grater than the amount won. 

(h) To place or increaze a wager or bet after acquiring howledge of the 

outcome of the game or other event which is the subject of the bet, including past-posting 

and pressing bets. 

a TO reduce the amount wagered or cancel the bet after acquiring howledge of the outcome of the game or other event which is the subject of the bet, including 

pinching bets. 
a) To manipulate, with the intent to cheat, any compnent of an elecmnic 

game ?f chance or gaming dwim in a manner con- to the designed and. normal 

openbond purpose for the companent, incIudhg, but not limited to manip~llating a 

gaming device, with howledge that the maniputation affects the outcome of the game 

or with knowledge of any went that affects the outcome of the game. 

Knowingly to use other than wins or tokens approval by the hard or 

other lawful coin, legal tender of the United States of Amexica, or to use a cuin not of 

the me denomination as the coin intended to lx used in the gaming device. 

0) To posses, with the intent to use, my device to assist in psojet=tIng the 

outcome of the game, in kqing mck of the ds played, in andyzing the probability 

of the occusrene of an event Mating to the game, or in analyzing the smtegy for playing 

or betting to be used in the game. 

(m) Tw~mydeviceormeanstochleat,ottopssessmysuchdevi~while 

at the gaming facility. 

(n) Knowingly to entice or induce another to go to any place where gaming is being conducted or operated in wioIation of the provisions of this ordinance, the Act, 

a compact, or other applicable law and regulation with the intent Lhat the other person 

play or partidpate in that gaming. 

SECIION 10. PENAL . Any pemn who violates any provision of this 

-:~rdinance shall be subject to ciFFnalties, termination of employment by the gaming 

operation, denial or revocation of a license, excIusion from attendance at any gaming 

kity, or exclusion hm Tribal Iands il a non-member ef the Tribe. The Board may - impose a he of not more than $500.00 for each violation. The Boasd shall have the . jurisdiction to impose my penalties on any pemn within the jutisdic~on of the Tribe. 

SECTION 11. SEVERABm. In the event any stion or provision of this 

ordinance or its applimtion to anv vcdar activity is held to be invalid, the remaining 

sections and provkions of this o~dinance and the remaining applications of suc:~ stion 

or provision shaU continue in full force and effect. 

SECI'ION 12, SOVEREIGN TMMJMTY. The Tribe dm not in any way waive 

its sovereim immunity from suit in any murt to contest the validity of this ordinance. 

Howwer, aet'.sionr ofthe bard may d appealed to and shd be subiwt to final appellate 

review only in the Tnid Coust, No decision of the kd shall be reversed unless the 

Tribal Court finds that the adtion talcen was arbibary, capricious or not in accordance with 

the law. 

SECTION 13. ,4MENDMENTS. This ordinance may be amended by majonq 

vote of the Council. 
BUALAPAI TRIBAL COUHCIL 

RESOLUTIOM NO. 62-95 

OF THE GUVERIPING BODY OF THE 

WAT,APRT TETRP 0 TUPI RIJALAPET ERSPRVRTION 

(Asending Hualapai Tribe Gaming Ordlnarrsre) 

WHEREAS, the Eualapai Tribe submitted Hualapai Tribe Ga~i~g 

Ordinance No. 29-93 ("Ordinance 0. 29-93") far review and 

approval by the National Indian Gaming Commission ("RIGC"), 

p~rsuant to the Indian Gaming Regulatory Act of 1988, 25 U.S.C- S 

2701-2721 and 18 U.S.C. SS 1166-1168 ("'IG~"); and 

wHEREAS, the NIGC disapproved Ordinance No. 29-93 based on the 

following three deficiencies : 

9. Ordinance No. 29-93 failed to include an =~daquatcl 

description of procedures for conducting background 

investigations on key e%ployees and primary management 

officials pursuant to 25 C.F,R. 5 522.2(b); and 

2. Ordinmce No, 29-93 failed to provide that the Tribe will 

perform backgr~und investigations znd issue licenses to 

key e-rployees and primary managerrent officials according 

to the reqiremsntc as strim-?t -3-+ as those contained in 25 

C,F,R. Parts 556 snd 55S, pursuant to 25 C.F.R. S 

522.2(b)(5); and 

3. Ordinance No. 29-93 improperly, at S 6(a), exempted class 

I1 charitable gaming from regulations; and 

WHEREAS, the Hualapai Gaming Board has recommended to the Eribal 

Cou~cil that it adopt the Amendxnent to Hualapai Tribe Gaming 

Ordinance No, 29-93, attached hereto as Exhibit A, to correct the 

above-described deficiencies; and 

WBEREAS, the Tribal Council fi~ds that it is in the best 

interest of the Bualapai Tribe to adopt Exhibit A, Anen&.ent to 

Bualapai Tribe Gaming Ordinance No, 29-93, and to authorize the 

Chairrnan of the Tribal Council to subnit the amended Ordinance 570, 

29-93 and any other submissions to coz~ply with the IGM. 

WOW TBEREFQRE BE IT RESOLVED, by the Tribal Council that 

Exhibit A, Amendment to Amendment to Hualapai Tribe Gaming 

Ordinance Ha. 29-93, amending Section 4(e) and Section 6, is 

hereby adopted and the Ordinance No, 29-93 is amended as set forth 

therein. 

BE IT FURTHER RESOLVED that the Chairman of the Hualapai Tribal 

Council is hereby authorized to submit the amended Ordinance No. 

29-93 for review and approval by the NIGC and any other 

submissions to comply with the IGRA and to do a311 things necessary 

and proper to carry out the intent of this Ordinance. 
CERTIFICATIOH 

I. the undersigned as Chairman of the ~ualapai Tribal council 

hereby certify that the ~ualapai ~ribal is composed of nine (9) 

members of whom 8 constituting a quorum were present at a 

SPECIAL MEETING ThGeof held on this 26th day of August 1995; 

and that the foregoing resolution was duly adopted by a vote of 

- 8 - for - 0 - against. -0- not voting, and -1- excused, pursuant 

to authority of Article V, Section (a) of the constitution of the 

~ualapai Tribe approved March 13, 1991. 

e ~ensbn, Vice Chairperson 

Tribal Council 

ATTEST @a % 

~hristine Lee, Secretam 

Hualapai Tribal council- 
EXHIBIT A 

AMENDMIXNT TO HUALAPAI TRIBE GAMING ORDINANCE NO. 29-93 

The Hualapai Tribe Gaming Ordinance No. 29-93 is hereby amended as follows: 

I. Section 4(e) of Ordinance No. 29-93 is amended by deleting the existing language 

and replacing it with the following new Section 5, "Licensing", and Section 6, 

"Background Investigations, " : 

SECTION 5. LICENSING. 

(a) Gaming License Requirements. Unless a Compact shall aIIocate responsibility to 

an entity other than the Board, the licensing authority for class I1 gaming and class 111 

gaming shall be the Board. 

(1) Kev Employees and Primary Manaaement Officials. The Board shall 

Iicense each primary management official and key employee of a gaming operation. 

(2) Gaming Emplovees. The Board shall Iicense each gaming employee. 

(3) Gaming Facility. The Board shall license each gaming facility 

(4) Management Conbactor. Pursuant to the Act, the Commission shalI license 

a management contractor and any person having a direct or indirect financial 

interest in a management contract. 

(5) Gamine Device and Gaming muipment. The Board shall license each 

electronic game of chance, gaming device and gaming equipment. 

(6) Gaming-Related Contractors. The Board shall license each person 

proposing to enter into a gaming-related contract. 

(7) Other Persons. The Board may license such other persons as it deems 

necessary to carry out the purposes of this Ordinance. 

(b) Ap~lications for Gaminp Licenses. 

(1) An applicant applying for a license shall provide all the information 

required by Section 6(b) of this Ordinance and the Act on an application form 

adopted by the Board for that purpose. The applicant shall pay any license fees 

required by the Board and the Commission. 
(A) The Board shall require each applicant to sign and submit a Privacy 

Act notice on an application form as required by the Act ("Privacy Act 

Notice"): 

In compliance with the Privacy Act of 1974, the foIlewing informahn is provided: 

Solicitation of the information on this form is authorized by 25 U.S.C. 2701 et seq. The 

purpose af the requested information is to determine the eligibility of individuals w he 

employed in a gaming operation. The information will be used by National Indian Gaming 

Commission members and staff who have need for The information in the performance of their 

official duties. The information may be disclosed to appropriate Federal, Tribal, State, local, 

or foreign law enforcement and regulatory agencies when relevant to civil, crirr-inal, or 

regulatory investigations or prosecution5 or when pursuant to a requirement a tribe or che 

National Indian Gaming Commission in connection with the hiring or firing of an employee, 

the issuance of revocation of a gaming license, or investigations of activities while assrlciated 

with a tribe or a gaming operation. Failure to consent to the disclosures indicated in this notice 

will result in a tribe's being unable to hire you in a primary management official or key 

employee position. 

The disclosure of your Social Security Number {SSN) is voluntary. However, failure tu supply 

a SSN may result in errors in processing your application. 

(B) The Board shall require each applicant to sign and submit a notice 

regarding false statements on an application form as required by the Act ("False 

Statements Notice") : 

A false statement on any part of your application may be grounds for not hiring you, ur for firing 

you after you hegin work. Also, you may he punished by fine or imprisonment. 

(C) The Board shall notify in writing each person, who is required to be 

licensed pursuant to Section 5(a) of this Ordinance, but who has not signed 

and submitted an application form containing the Privacy Act Notice and 

False Statements Notice, to either complete a new application form that 

contains the Privacy Act Notice and False Statements Notice or sign a 

statement that contains the False Statements Notice and Privacy Act Notice. 

(2) On its application, a gaming operation or management contractor shall 

designate an agent to accept service on its behalf of any official determination, 

order or notice of violation that may be served by the Board or Comnlission 

pursuant to the Act. 

(c) Grantinq a Gaming License. 

(1) If the Commission notifies the Board that it has no objection to the issuance 

of a license to a key employee or primary management official, the Board may 

issue a license to such applicant. 
(2) If the Commission provides the Board with a statement itemizing objections 

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

Board shall reconsider the application by taking into account the objections 

itemized by the Commission. The Board shall make the final decision whether to 

issue a license to such applicant. 

(d) Suspension and Revocation of Gaming License. 

(1) If, after the issuance of a license, the Board obtains reliable information 

from the Commission or other source indicting that a licensee is not eligib!e for a 

license under the standard set forth in Section 6(h) of this Ordinance, the Board 

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

and the proposed revocation of the license. 

(2) The Board shall also notify the licensee of the time and place for a hearing 

on the proposed revocation of the license. 

(3) After the revocation hearing, the Board shall decide to revoke or to reinstate 

the license. The decision shall be final and not subject to further appeal. The 

Board shall notify the Commission of its decision. 

(e) Duration and Renewal of Licenses. Any license issued by the Board shall be 

effective for one year from the date of issuance. Any license for a management contractor 

sha1I be renewed automatically each year during the term of the management contract 

unless the Board determines that the management contractor is in violation of applicable 

law. A licensee who has submitted the required application for renewal and any other 

information required by the Board at least 30 days before the expiration of his license may 

continue to be employed under the expired license or until final action is taken on the 

renewal application by the Board or, if required by the Act, the Commission. Such 

Iicensee shall provide updated material and information as requested on the appropriate 

renewal application, but shaIl not be required to resubmit historical data already provided 

or otherwise available to the Board. 

(f) Identification Cards. The Board shall require all ernpIoyees of a gaming operation 

or management contractor to wear identification cards issued by the Board which shall 

include such employee's photograph, first and last name, employee number, signature, and 

a date of expiration. 

(g) Fees for Licenses. The fees for licenses shaIT be set by the Board. Payment in full 

of any required fee is required before a license is issued. 
SECTION 6. BACKGROUND INVESTIGATIONS 

(a) Board Auhoritv. Unless a Compact shall allocate sole jurisdiction to an 

entity other than the Board with respect to background investigations, the Board 

shaII conduct a background investigation of each person required to be licensed 

pursuant to Section 5(a) of this Ordinance according to standards at least as 

stringent as set forth in the Act. 

(b) Required Information. Each person required to be licensed pursr~ant to 

Section 5(a) of this Ordinance shall provide to the Board the following information 

on an appIicatioa form for that purpose: 

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

numberls), birth date, pIace of birth, citizenship, gender, all languages 

(spoken or written); 

(2) Currently and for the previous 5 years: business and employment 

positions held, ownership interests in those businesses, business and 

residence addresses, and drivers license numbers; 

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

references, including one personal reference who was acquainted with the 

applicant during each period of residence, listed under Section 6(b',(2) of 

this Ordinance; 

(4) Current business and residence telephone numbers; 

(5) A description of any existing and previous business relationships 

with Indian tribes including ownership interests in those businesses; 

(6) A description of any existing and previous business relationships 

with the gaming industry generally, including ownership interests in those 

businesses; 

(7) The name and address of any licensing or regulatory agency with 

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

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

(8) For each felony for which here is an ongoing prosecutiorl or a 

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

date and disposition, if any; 

(9) For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffrc violations), within 10 years of the date 
of the application, the name and address of the court involved and the date 

and disposition; 

(10) For each criminal charge (excluding minor traffic charges), whether 

or not there is a conviction, if such criminaI charge is within 10 years of 

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

6(h)(8) or (9) of this Ordinance, the criminal charge, the name and address 

of the court involved, and the date and disposition; 

(11) The name and address of any licensing or regulatory agency with 

which the person has filed an application for an occupational license or 

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

(12) A current photograph; 

(13) Any other information the Board deems relevant; and 

(14) Fingerprints consistent with the procedures set forth in thTs 

Ordinance. 

(c) Release Form. The Board shall obtain from each applicant a release form signed 

by the applicant authorizing the Board and Commission to obtain any information related 

to the applicant's activities, including schools, property interests (real and personal), 

employment, criminal justice agencies, regulatory agencies, businesses, financial 

institutions, lending institutions, medical institutions, hospitals, and health care 

professionals. 

(dl Procedures for Conductin2 Background Investigations. The Board shall conduct 

a background investigation of each person required to he licensed pursuant to Section 5(a) 

of this Ordinance sufficient to enable the Board to make a determination of suimbility 

pursuant to Section 6(h) of this Ordinance ("Suitability Determination"). 

1 An applicant for a license shall provide to the Board all the information 

required pursuant to Section 6(b) of this Ordinance and copies of the applicant's 

birth certificate, social security card, driver's license, passport and other documents 

deemed necessary by the Board to conduct a background investigation of the 

applicant. 

(2) The Board shall confirm, verify, and investigate the information provided 

by the applicant and obtain any additional information pursuant to the signed 

release form. In conducting a background investigation, the Board shall keep 

confidentia1 the identity of each person interviewed in the course of the background 

investigation. 
(3) Once the Board has satisfied itseIf of the accuracy of the information 

provided by the applicant and other information obtained pumant to a signed 

release form, the Board shall anaIyze such information to make the Suitability 

Determination. The Board may conduct any further hackground investigation 

should the circumstances warrant. 

(e) Fingerprint Check. 

(I) The chairman of the Board is authorized to negotiate and enter into an 

agreement with the Commission or the State or federal law enforcement agency for 

the purpose of processing fingerprint cards to obtain criminal history record 

information ("CHRI") of persons required to be licensed pursuant to Section 5(a) 

of this Ordinance. 

(2) The HunIapai Tribe Police Department is hereby designated as the law 

enforcement agency responsible for taking fingerprints of applicants for licenses. 

The chairman of the Board is also authorized to negotiate and enter iqto an 

agreement with the State or federal law enforcement agency to take such 

fingerprints. Such law enforcement agency shall designate an individual f70r the 

purpose of communicating with the Board and the Commission regarding the taking 

of the fingerprints. 

(3) The Board shall impose a fee sufficient to cover the cost of processing the 

fingerprint cards. 

(f) Procedure for Processing- Fingerprint Cards. 

(1) Upon receipt of a completed application for a license and the payment of 

any required fees, the Board shall direct the applicant to the law enforcement 

agency authorized to take fingerprints. The law enforcement agency shall take the 

applicant? fingerprints on cards provided by the Commission for that purpose. 

The finserprint cards shall be printed by a certified print technician and sllaII be 

of a quality as to be classifiable. The fingerprint cards shall be signed by the 

person taking the prints and the applicant. After taking the applicant's fingerprints, 

the law enforcement agency shall forward the fingerprint cards directly to the 

Commission for an FBI fingerprint check. 

(2) The Board shall also send to the Commission a check in an amount 

sufficient to cover the cost of processing each applicant's fingerprint card and a list 

containing the following information: 

(A) The names of each applicant whose fingerprint cards wi11 be sent to 

the Commission by the law enforcement agency. 
(B} The social security number for each applicant; 

(C) The date of birth of each applicant; and 

(Dl The name of the law enforcement agency taking the fingerprints. 

(g) Criminal Histow Record Information. The Board may use the CHR4 for the 

purpose of making a Suitability Determination and any other lawful purpose permilted by 

an agreement with the Commission or the State or federal law enforcement agency. The 

Board shall abide by all conditions or limitations imposed by such agreement on the 

release, dissemination or use of the CRN. The Board shall further ensure that the CHRI 

is restricted to the personnel directly invoIved in the licensing deIiberations. The Board 

shall maintain records of the identities of all personnel receiving access to the CHN and 

shall furnish such records to the Commission upon request. 

(h) Suitability Determination. The Board shall review an applicant's prior activities, 

criminal record, if any, reputation, habits and associations to make a finding for 

submission to the Commission, concerning the eligibility of the applicant for a license. The 

Board shall not issue a license to, nor shall a gaming operation or management contractor 

employ, any person whom the Board determines poses a that to the public interest or 

to the effective regulation of any gaming activity or creates or enhances the dangers of 

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

gaming activity. 

(i) Procedures for Forwardinn Applications and Reports to the Commission. 

(1) When a key employee or primary management official begins work at a 

gaming operation, the Board shall send the completed application LO the 

Commission. 

(2) Upon campletion of a background investigation conducted pursuant to this 

Ordinance, the Board shall send the Investigative Report and the Suitability 

Determination to the Commission within 60 days after a key employee or primary 

management official begins work at a gaming operation. A gaming operation or 

management contractor shall not empEoy any key employee or primarq. management 

officiaI, or any other person who does not have a license after 90 days unless that 

period is suspended by action of the Board or the Commission pursuant to the Act. 

0) Investigative Report to Commission. 

(1) The Board shall prepare a report on each background investigation 

conducted pursuant to this Ordinance ("Investigative Report"). An Investigative 

Report shall include the following infomation: 
(A) A description of the steps taken in conducting a background 

investigation; 

(B) An explanation of resuIts obtained; 

(C) A statement as to the conclusions reached; and 

(D) The bases or justifications for each of the conclusions. 

(A) Shall notify the Commission, and 

(B) May forward copies of its Suitability Determination and Investigative 

Report to the Commission for inclusion in the Indian Gaming Individuals 

Records System. 

(3) The Board shall retain all applications for license, Investigative Reports, 

Suitability Determinations, and other records and information for inspection by the 

Commission for no less than thee years from the date of termination of 

employment. 

(k) Fees for Background Investigation. The fees for background investigatiom shall 

be set by the Board. If the actual costs incurred by the Board for a background 

investigation exceed the amount deposited by the applicant, those costs may be assessed 

to the applicant at the discretion of the Board. In such cases, the Board shall submit to 

the applicant a detailed billing of the costs and an explanation as to why the excess costs 

were incurred. 

2. Section 6 of Ordinance No. 29-93 is amended by deleting Section 6 in its entirety 

replacing it with the following and redesignating it as Section 8: 

SECTION 8. EXEMPTTONS. 

(a) Class I Gaming. Class I gaming may be conducted solely for recognized charitable. 

traditiona1, religious and social purposes of the Tribe and for prizes of minimal vaIue 

without compliance with this Ordinance. 

(b) Prize Limits. For purposes of this Section, "prizes of minimal value" shall mean 

the aggregate amount of all prizes awarded or given in a singIe gathering or session that 

is no greater than that atlowed under the laws of the State. 
(c) Board Authority. Notwithstanding the exemption granted by this Ordinance for 

class I gaming, the Board shall have authority to investigate the conduct of any class I 

gaming to determine whether such class I gaming is in vioEation of applicable law. to 

regulate and take measures to ensure the integrity of class I gaming, and to enforce the 

provisions of applicabIe law. 

3. All other sections of Ordinance No. 29-93, which are not affected by this 

amendment, shall be renumbered accordingly and remain in full force and effect.