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February 28, 2022

Erica M. Pinto, Chairwoman

Jamul Indian Village of California

P. O. Box 612

Jamul, CA 91935

Re: Jamul Indian Village Second Amended & Restated Gaming Ordinance, 

Ordinance No. 2022-02

Dear Chairwoman Pinto:

I am writing with respect to the February 3, 2022, request of the Jamul Indian Village of 

California to the National Indian Gaming Commission to review and approve the Tribe’s 

amended gaming ordinance. The amended gaming ordinance was adopted by Resolution No.

2022-06 of the Tribal Council.

Thank you for providing the amended gaming ordinance for our review. The ordinance is 

approved as it is consistent with the requirements of the Indian Gaming Regulatory Act and 

NIGC regulations. If you have any questions concerning this letter, please contact Senior

Attorney Austin Badger at (202) 632-7003.

 

 

Sincerely,

E. Sequoyah Simermeyer

Chairman
RESOLUTION OF THE TRIBAL COUNCIL OF THE 

JAMUL INDIAN VILLAGE OF CALIFORNIA

RESOLUTION NO. 2022-06 

RESOLUTION TO REPEAL ORDINANCE 2021-03 AND ADOPT THE 

SECOND AMENDED & RESTATED GAMING ORDINANCE

WHEREAS, the Jamul Indian Village of California ("Tribe") is a federally 

recognized Indian tribe possessing inherent powers of self-government and is 

governed by the Constitution of the Jamul Indian Village of California adopted 

April 1, 2017 and approved by the Regional Director, Bureau of Indian Affairs on 

April 28, 2017 (the "Constitution"); and

WHEREAS, pursuant to Article 4, Section 1 of the Constitution, the General 

Council of the Tribe is the governing body of the Tribe (the "General 

Council"); and 

WHEREAS, pursuant to Article 9, Section 1 of the Constitution, the General 

Council retains the power to establish ordinances governing the conduct of tribal 

members and any person engaged in activities within the jurisdiction of the Tribe, 

to provide for the maintenance of law and order and the administration of justice 

and to administer tribal assets and manage all economic affairs of the Tribe; and

WHEREAS, pursuant to Article 4, Section 2 of the Constitution, the General 

Council may, by resolution, delegate its authority to the Tribal Council of the Tribe 

(the "Tribal Council"); and

WHEREAS, the General Council approved the Jamul Indian Village Gaming 

Ordinance pursuant to Resolution No. 2013-07, approved by the National Indian 

Gaming Commission ("NIGC") on July 1, 2013, which was amended by 

Resolution No. 2015-43, approved by the NIGC on February 11, 2016, and by 

Resolution No. 2019-06, approved by the NIGC on May 8, 2019 ("Gaming 

Ordinance"); and

WHEREAS, pursuant to Section 18.12 of the Gaming Ordinance, the General 

Council delegated its authority to the Tribal Council to approve amendments to the 

Gaming Ordinance; and 

WHEREAS, the Tribal Council is empowered pursuant to the Constitution to 

carry forth any duties and authority delegated to it from the General Council; and 

WHEREAS, pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. §2701 et 

seq., the Tribe is required to adopt a gaming ordinance for regulation of gaming 

activity on its trust land and obtain approval of such gaming ordinance by the 

NIGC; and 

WHEREAS, any amendments of the Gaming Ordinance require approval of the 

NIGC; and
2

WHEREAS, the Tribal Council, pursuant to the aforementioned authority, adopted the Jamul Indian 

Village Second Amended & Restated Gaming Ordinance, Ordinance No. 2021-03, on September 14, 2021

("Ordinance 2021-03"); and

WHEREAS, the Tribal Council submitted the Ordinance 2021-03 for review and approval by the NIGC 

and pursuant to such review, the NIGC suggested revisions to Ordinance 2021-03; and 

WHEREAS, the Tribal Council withdrew Ordinance 2021-03 from the NIGC review, and therefore 

Ordinance 2021-03 did not go into effect; 

WHEREAS, the Tribal Council now desires to formally repeal Ordinance 2021-03 and adopt the revised 

Second Amended & Restated Gaming Ordinance, attached hereto as Exhibit A ("Second Amended & 

Restated Gaming Ordinance"), to comply with applicable NIGC regulations and resubmit the Amended & 

Restated Gaming Ordinance to the NIGC for further review and approval. 

NOW THEREFORE BE IT RESOLVED, that the Tribal Council hereby adopts the Second Amended 

& Restated Gaming Ordinance. 

BE IT FURTHER RESOLVED, that the Tribal Council repeals Ordinance 2021-03, and the Gaming 

Ordinance, such repeal of the Gaming Ordinance being effective only upon approval of the Second 

Amended & Restated Gaming Ordinance by the NIGC. 

BE IT FINALLY RESOLVED, the Chairwoman of the Tribal Council is hereby authorized, empowered 

and instructed to: (i) submit the Second Amended & Restated Gaming Ordinance to the NIGC for review 

and approval; and (ii) to take all necessary actions to comply with the NIGC submission requirements and 

to facilitate the submission of the Second Amended & Restated Gaming Ordinance. 

BE IT FURTHER RESOLVED, that if any provision of this Resolution or the application of any provision 

of this Resolution is held to be invalid, the remainder of the Resolution shall not be affected and shall 

continue in full force and effect.

BE IT FINALLY RESOLVED, that this Resolution shall become effective as of the date and time of its 

passage and approval by the Tribal Council.
3 

CERTIFICATION OF SECRETARY

I, Carlene A. Chamberlain, Secretary of the Jamul Indian Village of California (the, "Tribe"), pursuant to 

Article 10, Section 4 of the Constitution of the Tribe, hereby certify that the foregoing document entitled 

RESOLUTION TO REPEAL ORDINANCE 2021-03 AND ADOPT THE SECOND AMENDED & 

RESTATED GAMING ORDINANCE, Resolution 2022-06 was enacted by the Tribal Council of the Tribe 

at a duly called meeting with a quorum (consisting of 6 of the 6 Tribal Council Members) present on 

February 1, 2022 by a vote of 5 FOR, 0 OPPOSED, and 0 ABSTAINING, and is an exact copy of the 

document, as it exists in the records of the Tribe.

Signed on this 1st day of February, 2022. 

 ______________________________________ 

 Carlene A. Chamberlain

 Secretary of the Jamul Indian Village of California
4

Exhibit A

SECOND AMENDED & RESTATED GAMING ORDINANCE
Ordinance No. 2022-02 

Adopted: February 1, 2022 

Approved by NIGC: ____________, 2022 

JAMUL INDIAN VILLAGE

SECOND AMENDED & RESTATED

GAMING ORDINANCE
JAMUL INDIAN VILLAGE

SECOND AMENDED & RESTATED GAMING ORDINANCE

Page i 

TABLE OF CONTENTS

Page

1. Purpose, Policy and Sole Proprietary Interest .................................................................................. 1

1.1 Purpose and Policy .............................................................................................................. 1

1.2 Sole Proprietary Interest ..................................................................................................... 1

1.3 Name ................................................................................................................................... 1

2. Gaming Authorization ..................................................................................................................... 1

2.1 Jurisdiction .......................................................................................................................... 1

2.2 Class II and Class III Authorization .................................................................................... 1

2.3 Unauthorized or Unapproved Gaming ................................................................................ 1

3. Definitions ....................................................................................................................................... 1

4. Tribal Council: Powers and Duties .................................................................................................. 7

4.1 Delegation of Duties ........................................................................................................... 7

4.2 Registered Agent ................................................................................................................. 7

5. Jamul Gaming Commission ............................................................................................................. 7

5.1 Establishment and Purpose ................................................................................................. 7

5.2 Duration and Attributes ...................................................................................................... 7

5.3 Sovereign Immunity of the Commission ............................................................................ 7

5.4 Assets of the Commission ................................................................................................... 8

5.5 Number of Commissioners; Qualifications; Background Investigation ............................. 8

5.6 Gaming Commission Background Investigation ................................................................ 8

5.7 Term of Office .................................................................................................................... 9

5.8 Bylaws ................................................................................................................................ 9

5.9 Removal .............................................................................................................................. 9

5.10 Vacancies ............................................................................................................................ 9

5.11 Duties, Powers and Responsibilities ................................................................................... 9

5.12 Meetings............................................................................................................................ 11

5.13 Full-time or Part-time Exclusivity .................................................................................... 11

5.14 Reporting Requirements ................................................................................................... 11

5.15 Compensation and Annual Budget ................................................................................... 11

5.16 Gaming Commission Staff ................................................................................................ 12

5.17 Ethics ................................................................................................................................ 12
JAMUL INDIAN VILLAGE

SECOND AMENDED & RESTATED GAMING ORDINANCE

Page ii 

6. Executive Director ......................................................................................................................... 13

6.1 Qualifications .................................................................................................................... 13

6.2 Authority of Executive Director ....................................................................................... 14

7. Gaming Personnel .......................................................................................................................... 14

7.1 Age .................................................................................................................................... 14

7.2 Compact and Employment Laws ...................................................................................... 14

8. Files and Records to be Maintained by the Commission; Confidentiality of Information ............ 14

8.1 Confidentiality of Documents ........................................................................................... 14

8.2 Scope of Confidentiality ................................................................................................... 15

8.3 Record Retention .............................................................................................................. 15

9. Gaming Surveillance ...................................................................................................................... 15

9.1 Purpose.............................................................................................................................. 15

9.2 Requirements .................................................................................................................... 15

9.3 Responsibilities ................................................................................................................. 15

9.4 Surveillance Records ........................................................................................................ 16

10. Gaming Security ............................................................................................................................ 16

10.1 Purpose.............................................................................................................................. 16

10.2 Investigations .................................................................................................................... 16

10.3 Reports .............................................................................................................................. 16

10.4 Responsibilities ................................................................................................................. 16

11. Licensing of Primary Management Officials, Key Employees and Gaming Employees .............. 16

11.1 Summary of Licensing Principles ..................................................................................... 16

11.2 Licenses ............................................................................................................................ 16

11.3 Current and Valid Gaming License Required ................................................................... 17

11.4 Application Procedure for Gaming License...................................................................... 17

11.5 Non-Key Gaming Employee Licensing ............................................................................ 19

11.6 Qualifications .................................................................................................................... 19

11.7 Temporary Licensure ........................................................................................................ 20

11.8 Investigation...................................................................................................................... 20

11.9 License Issuance; Renewals .............................................................................................. 22

11.10 Badge ................................................................................................................................ 22

11.11 Temporary Suspension of an Individual’s License ........................................................... 22
JAMUL INDIAN VILLAGE

SECOND AMENDED & RESTATED GAMING ORDINANCE

Page iii 

11.12 Suspension or Revocation of License ............................................................................... 22

11.13 Record of Proceedings ...................................................................................................... 24

12. Gaming Facility License ................................................................................................................ 24

12.1 Compliance with Applicable Standards ............................................................................ 24

12.2 Licensing Requirement ..................................................................................................... 24

12.3 Threshold Licensing Criteria ............................................................................................ 24

12.4 Display of Gaming License .............................................................................................. 25

12.5 License Duration ............................................................................................................... 25

12.6 Submission of License to NIGC and State Gaming Agency ............................................ 25

12.7 Notice of Illegal Gaming Activity .................................................................................... 25

13. Financial Source License ............................................................................................................... 25

13.1 Licensing Requirements ................................................................................................... 25

13.2 Exemptions ....................................................................................................................... 25

13.3 Registration for Holders of Tribal Bonds ......................................................................... 26

13.4 Submission of License to State Gaming Agency .............................................................. 26

13.5 Application Form and Procedures .................................................................................... 27

13.6 Financial Source Application Forms and Procedures - Individual ................................... 27

13.7 Duration; Renewal Process ............................................................................................... 28

14. Gaming Resource Supplier License ............................................................................................... 28

14.1 Licensing Requirements ................................................................................................... 28

14.1 Exemptions ....................................................................................................................... 28

14.2 Submission of License to State Gaming Agency .............................................................. 29

14.3 Application Forms and Procedures ................................................................................... 29

14.1 Duration; Renewal Process ............................................................................................... 29

15. Fees ................................................................................................................................................ 29

15.1 License and Application and Renewal Fees ..................................................................... 29

16. Licensing Principles ....................................................................................................................... 29

16.1 Reliance on Previously Issued License ............................................................................. 29

16.2 Licensing Criteria for Entities ........................................................................................... 29

16.3 Institutional Investor ......................................................................................................... 30

16.4 Appeals ............................................................................................................................. 30
JAMUL INDIAN VILLAGE

SECOND AMENDED & RESTATED GAMING ORDINANCE

Page iv 

17. Games ............................................................................................................................................ 30

17.1 Who May Not Play ........................................................................................................... 30

17.2 Patron Disputes ................................................................................................................. 30

18. Individually-Owned Gaming Operations ....................................................................................... 31

18.1 Authorization .................................................................................................................... 31

18.2 Ordinance Requirements ................................................................................................... 31

19. Miscellaneous ................................................................................................................................ 31

19.1 Gaming Rules ................................................................................................................... 31

19.2 Use of Net Gaming Revenues ........................................................................................... 32

19.3 Minimum Internal Control Standards ............................................................................... 32

19.4 Annual Audit..................................................................................................................... 32

19.5 Commission Right to Conduct Audits .............................................................................. 32

19.6 Gaming Device Technical Standards ................................................................................ 33

19.7 Exclusion or Ejection of Individuals ................................................................................. 33

19.8 Emergency Evacuation and Preparedness Plans ............................................................... 33

19.9 Minors ............................................................................................................................... 33

19.10 Sovereign Immunity ......................................................................................................... 33

19.11 Severability ....................................................................................................................... 33

19.12 Repeal ............................................................................................................................... 33

19.13 Amendments ..................................................................................................................... 34

19.14 Effective Date ................................................................................................................... 34
JAMUL INDIAN VILLAGE

SECOND AMENDED & RESTATED GAMING ORDINANCE

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1. Purpose, Policy and Sole Proprietary Interest

1.1 Purpose and Policy. The purpose of this Ordinance is to set forth the laws of the Tribe 

regarding all Gaming Activities conducted on the Tribe’s Indian Lands. The Ordinance is intended to 

govern the Gaming Activities of all individuals, employees, consultants, business entities, vendors, boards, 

committees, commissions and administrative review bodies on the Tribe’s Indian Lands. The purpose of 

this Ordinance is to ensure that the Gaming Activities conducted on the Tribe’s Indian Lands are conducted 

fairly and honestly, and that all internal departments, enterprises, officials and employees of the Tribe work 

cooperatively to advance the best interests of the Tribe in protecting its Gaming Activities as well as its 

Patrons. It is the intent of the Tribe that this Ordinance and provisions within shall be interpreted in a 

manner so as to comply with the terms of the Compact, IGRA, and applicable NIGC regulations.

1.2 Sole Proprietary Interest. The Tribe shall have the sole proprietary interest in and 

responsibility for the conduct of all Gaming Activities authorized by this Ordinance; provided, however, 

that the Tribe may, in accordance with IGRA, and when authorized under applicable Federal law and the 

Compact (where applicable), enter into a management contract for management of all or part of the Gaming

Operation, or authorize a third-party to have a proprietary interest in Gaming Activities on its Indian Lands

in accordance with Section 18. 

1.3 Name. This Second Amended & Restated Gaming Ordinance shall be known as the 

"Gaming Ordinance". 

2. Gaming Authorization 

2.1 Jurisdiction. This Ordinance is applicable to all Indian Lands under the jurisdiction of the 

Tribe.

2.2 Class II and Class III Authorization. Class II and Class III Gaming are each hereby 

authorized on the Tribe’s Indian Lands. 

2.3 Unauthorized or Unapproved Gaming. Class II and Class III Gaming by any Person on the 

Tribe’s Indian Lands except as authorized pursuant to this Ordinance is prohibited.

3. Definitions

This Section shall govern the definitions of words and phrases used in this Ordinance. All words or phrases 

not defined in this Section are used in their ordinary and everyday sense.

3.1 "Affiliate" means, with respect to any specified Person, any other Person who directly or 

indirectly, through one or more intermediaries, controls, is or becomes controlled by, or is or comes under 

common control with the specified Person. For purposes of this definition, "control" means the possession, 

direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, 

whether through the ownership of voting securities or other interests, by contract, governmental authority 

or otherwise. 

3.2 "Applicant" means any Person filing an Application for a Gaming License, Gaming 

Facility License, Financial Source License or Supplier License pursuant to Sections 11, 12, 13, and 14 of

this Ordinance.
JAMUL INDIAN VILLAGE

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3.3 "Application" means any application for a Gaming License, Gaming Facility License, 

Financial Source License, or Supplier License.

3.4 "Bond" means any security within the meaning of the Securities Act of 1933 (15 U.S.C. § 

77a et seq.) that constitutes an evidence of indebtedness issued pursuant to a trust indenture between the 

issuer of the security and a trustee who has a right to enforce the terms of the bonds on behalf of all holders 

of the bonds. 

3.5 "Class I Gaming" means social games solely for prizes of minimal value or traditional 

forms of Indian gaming engaged in by individuals as a part of, or in connection with, Tribal ceremonies or 

celebrations. 

3.6 "Class II Gaming" means:

(a) The game of chance commonly known as bingo (whether or not electronic, 

computer or other technologic aids are used in connection therewith) in which:

(1) The game is played for prizes, including monetary prizes, with cards 

bearing numbers or other designations; 

(2) The holder of the card covers such numbers or designations when objects, 

similarly numbered or designated, are drawn or electronically determined; or

(3) The game is won by the first individual covering a previously designated 

arrangement of numbers or designation on such cards, including (if played in the same location) pull-tabs, 

lotto, punch boards, tip jars, instant bingo and other games similar to bingo. 

(b) Card games which:

(1) Are explicitly authorized by the laws of the State; or

(2) Are not explicitly prohibited by the laws of the State and are played at any 

location in the State, but only if such card games are played in conformity with those laws and regulations 

(if any) of the State regarding hours or periods of operation of such card games or limitations on wagers or 

pot sizes in such card games. Class II Gaming does not include any banking card games, including baccarat, 

chemin de fer, or blackjack (twenty-one), or electronic or electro-mechanical facsimiles of any game of 

chance or slot machines of any kind. 

3.7 "Class III Gaming" means all forms of Gaming that are not Class I or Class II.

3.8 "Commission" means the Jamul Gaming Commission as established by this Ordinance. 

3.9 "Commissioner" means a duly appointed member of the Jamul Gaming Commission. 

3.10 "Compact" means the Tribal-State Compact between the Tribe and the State of California 

including all subsequent amendments thereto, authorized by IGRA or other applicable law. 
JAMUL INDIAN VILLAGE

SECOND AMENDED & RESTATED GAMING ORDINANCE

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3.11 "Compliance Certificate" means a certificate issued by a qualified building and safety 

expert which states that the construction of the Gaming Facility complies with the Tribe’s applicable 

building and safety codes. 

3.12 "Financial Source" means a Person extending or guaranteeing financing, directly or 

indirectly, for the purpose of constructing, developing, maintaining, equipping, or operating the Gaming

Facility or Gaming Operation. 

3.13 "Financial Source License" means the permit granted by the Commission to a Financial 

Source. 

3.14 "Games", "Gaming", or "Gaming Activity" means any activity, operation, or game of 

chance which is considered Class II or Class III Gaming.

3.15 "Gaming Device" has the same meaning as defined in the Compact.

3.16 "Gaming Employee" means any individual who (a) conducts, operates, maintains, repairs, 

accounts for, or assists in any Gaming Activities, or is in any way responsible for supervising any such 

Gaming Activity or individuals who conduct, operate, maintain, repair, account for, or supervise any such 

Gaming Activity, (b) is in a category under federal or tribal law requiring licensing; (c) is an employee of 

the Commission with access to confidential information, or (d) is an individual whose employment duties 

require or authorize access to areas of the Gaming Facility in which any activities related to Gaming 

Activities are conducted, but that are not open to the public.

3.17 "Gaming Equipment" means any device, machine, paraphernalia, or equipment that is 

used or usable in the playing phases of any Gaming Activity, whether or not specifically designed for that 

purpose, but excluding tables and chairs normally used in the occupancy of a Gaming Facility.

3.18 "Gaming Facility" means any building on the Tribe’s Indian Lands in which Gaming 

Activities or Gaming Operation occurs, or in which the business records, receipts, or other funds of the 

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.

3.19 "Gaming Facility License" means the official and revocable permission granted by the 

Commission to the Gaming Facility allowing the conduct of Gaming. 

3.20 "Gaming License" means the official and revocable permission granted by the 

Commission to an Applicant in order to be a Primary Management Official, Key Employee, or Gaming 

Employee. Nothing herein shall create a property interest in the issuance or retention of a Gaming License.

3.21 "Gaming Operation" means the Tribe’s business enterprise that offers and operates 

Gaming Activities.

3.22 "Gaming Personnel" means any individual employed by the Gaming Operation. 

3.23 "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, furniture, 

gambling devices and ancillary equipment, implements of Gaming Activities such as playing cards and 
JAMUL INDIAN VILLAGE

SECOND AMENDED & RESTATED GAMING ORDINANCE

- 4 - 

dice, furniture designed primarily for Gaming Activities, maintenance or security equipment and services, 

and Class III Gaming consulting services. "Gaming Resources" does not include professional accounting 

and legal services. 

3.24 "Gaming Resource Supplier" means any Person who, directly or indirectly, 

manufactures, distributes, supplies, vends, leases, or otherwise purveys Gaming Resources to the Gaming 

Operation or Gaming Facility, provided that the definition of Gaming Resource Supplier does not include 

a purveyor of equipment or furniture that is not specifically designed for, and is distributed generally for 

use other than in connection with, Gaming Activities, if 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 Gambling Operation. 

3.25 "Incident" means an accident, event or omission involving any individual on the premises 

of the Gaming Facility which results in injury, damage to property, loss of revenue, any unusual interruption 

in the conduct of any Game, or a deviation from normal operating policies and procedures. 

3.26 "Indian Gaming Regulatory Act" or "IGRA" means Public Law 100- 497, 102 Stat. 

2426, 25 U.S.C. § 2701, et seq., as amended.

3.27 "Indian Lands" means all lands within the exterior boundaries of the reservation of the 

Tribe and any lands title to which is either held in trust by the United States for the benefit of the Tribe or 

individual or held by the Tribe or individual subject to restriction by the United States against alienation 

and over which the Tribe exercises governmental power. 

3.28 "Institutional Investor" means any:

(a) Bank as defined in Section 3(a)(6) of the Federal Securities Exchange Act;

(b) Banking, chartered, or licensed lending institution; 

(c) Insurance company as defined in Section 2(a)(17) of the Investment Company Act 

of 1940, as amended; 

(d) Chartered or licensed life insurance company or property and casualty insurance 

company; 

(e) Investment company registered under Section 8 of the Investment Company Act 

of 1940, as amended;

(f) Investment advisor registered under Section 203 of the Investment Advisors Act 

of 1940, as amended; 

(g) Collective trust funds as defined in Section 3(c)(11) of the Investment Company 

Act of 1940, as amended;

(h) Closed end investment trust; 
JAMUL INDIAN VILLAGE

SECOND AMENDED & RESTATED GAMING ORDINANCE

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(i) Employee benefit plan or pension fund that is subject to the Employee Retirement 

Income Security Act of 1974, as amended;

(j) A state or federal government pension plan; or 

(k) Such other Person that the Commission determines is an Institutional Investor;

that acquires voting or nonvoting units in the ordinary course of its investment business and holds those 

units for investment purposes only and not for the purpose of causing, directly or indirectly, the election of 

a majority of the board of directors or any change in the corporate charter, bylaws, management, policies, 

or operations of the business entity in which it holds those securities. 

3.29 "Key Employee" means 

(a) A person who performs one or more of the following functions: 

(1) Bingo caller;

(2) Counting room supervisor; 

(3) Managers or supervisors of security employees; 

(4) Custodian of Gaming supplies or cash;

(5) Floor manager; 

(6) Pit bosses;

(7) Dealer;

(8) Croupier; 

(9) Approver of credit; 

(10) Custodian of Gaming Devices, including individuals with access to cash 

and/or accounting records within such Gaming Devices; 

(b) If not otherwise included in Section 3.29(a), any other individual whose total cash 

compensation is in excess of fifty thousand dollars ($50,000) per year; or 

(c) If not otherwise included in Section 3.29(a),(b), the four most highly compensated 

employees of the Gaming Operation; or 

(d) Any other person designated by the Tribe as a Key Employee. 

3.30 "License" shall mean a Gaming License, Gaming Facility License, Financial Source 

License or Supplier License issued pursuant to the provisions of this Ordinance.

3.31 "Licensee" means any Person who has been issued a valid and current License.
JAMUL INDIAN VILLAGE

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3.32 "Major Gaming Resource Supplier" means any Gaming Resource Supplier who provides 

in excess of $500,000.00 of equipment, goods, supplies or services to the Gaming Operation or Gaming 

Facility in any consecutive twelve-month period. 

3.33 "Management Agreement" means an NIGC approved contract between the Tribe and a 

Manager that provides for management of all or part of the Gaming Operation.

3.34 "Manager" means any Gaming Resource Supplier with whom the Tribe has entered into a 

Management Agreement.

3.35 "Net revenues" means gross Gaming revenues of the Gaming Operation less (a) amounts 

paid out as, or paid for, prizes, and (b) total Gaming-related operating expenses, including all those 

expenses of the Gaming Operation commonly known as operating expenses and non-operating expenses 

consistent with professional accounting pronouncements, excluding management fees. 

3.36 "NIGC" means the National Indian Gaming Commission.

3.37 "Non-Key Gaming Employee" means a Gaming Employee who is not a Key Employee.

3.38 "Ordinance" means this Second Amended & Restated Gaming Ordinance, as it may from 

time to time be amended.

3.39 "Patron" means any individual who participates as a player in Gaming Activity at the 

Gaming Facility.

3.40 "Person" means any person or entity, whether a natural person, trustee, corporation, 

general partnership, limited partnership, limited liability company, limited liability partnership, trust, estate, 

business association, Indian tribe (including the Tribe), commission, instrumentality, firm, joint venture, 

governmental authority, Affiliate of the Tribe, or otherwise.

3.41 "Primary Management Official" means:

(a) The individual(s) having management responsibility for a Management 

Agreement;

(b) Any individual who has authority to (i) hire and fire Key Employees, or (ii) to set 

operations policy for the Gaming Operation, including employment policies; 

(c) The chief financial officer or other individual who has financial management 

responsibility; or 

(d) Any other person designated by the Tribe as a Primary Management Official.

3.42 "Providers of Non-Gaming Services" means a Gaming Resource Supplier that does not 

provide Gaming Equipment or services directly related to Gaming Activities. Providers of Non-Gaming 

Services provide goods or services to the Gaming Facility including, but not limited to equipment, 

transportation, food, linens, janitorial supplies, and maintenance or security services.
JAMUL INDIAN VILLAGE

SECOND AMENDED & RESTATED GAMING ORDINANCE

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3.43 "Regulation" means a Gaming regulation adopted by the Commission in accordance with 

the terms of this Ordinance. 

3.44 "Related Person" means an officer, director, shareholder (if the shareholder directly holds 

more than 5% of the outstanding shares), manager, or member of the Manager or the Manager’s Affiliates.

3.45 "State" means the State of California.

3.46 "State Gaming Agency" means the entities authorized to investigate, approve, and 

regulate gaming licenses pursuant to the Gambling Control Act (Chapter 5, commencing with Section 

19800) of Division 8 of the California Business and Professions Code, and includes, but is not limited to, 

the California Gambling Control Commission. 

3.47 "Supplier License" means the permit granted by the Commission to a Gaming Resource 

Supplier. 

3.48 "Tribal" means of or pertaining to the Tribe. 

3.49 "Tribal Council" means the elected governing body of the Tribe exercising authority 

pursuant to Article 9, Section 2 of the Constitution of the Tribe. 

3.50 "Tribe" means the Jamul Indian Village of California. 

4. Tribal Council: Powers and Duties

4.1 Delegation of Duties. The Tribal Council delegates certain duties and responsibilities to 

the Commission under Section 5 of this Ordinance. 

4.2 Registered Agent. The Chairperson of the Tribe shall be the designated and registered 

agent to receive notice of violations, orders, or determinations that are issued pursuant to IGRA or the 

Compact. 

5. Jamul Gaming Commission 

5.1 Establishment and Purpose. There shall be a Commission whose purpose is to exercise the 

delegated authority and responsibilities enumerated in this Ordinance. The Commission shall be primarily 

responsible for carrying out the Tribe’s regulatory responsibilities under IGRA and this Ordinance. It is

the responsibility of the Commission to conduct on-site regulation of the Gaming Operation in order to 

enforce the terms of the Compact, IGRA and this Ordinance. 

5.2 Duration and Attributes. The Commission shall have perpetual existence and succession

in its own name, unless dissolved under Tribal law. The Tribe reserves unto itself the right to bring suit 

against any Person in its own right, on behalf of the Tribe, or on behalf of the Commission, whenever the 

Tribe considers it necessary to protect the sovereignty, rights, and interests of the Tribe or the Commission.

5.3 Sovereign Immunity of the Commission. As an instrumentality and authorized agency of 

the Tribe, the Commission shall enjoy all the privileges and immunities of the Tribe, including immunity 

from suit in any state, federal or tribal court. Nothing contained in this Ordinance shall be deemed or 

construed to be a waiver of the sovereign immunity of the Commission.
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5.4 Assets of the Commission. The Commission shall have only those assets specifically 

assigned to it by the Tribe or acquired in its name by the Tribe. No activity of the Commission shall 

implicate or involve assets of Tribal members or the Tribe that are not assigned to the Commission in 

writing. Nothing in this Ordinance or any activity of the Commission shall implicate or in any way involve 

the credit of the Tribe.

5.5 Number of Commissioners; Qualifications; Background Investigation. 

(a) Number of Commissioners. The Commission shall be comprised of three 

Commissioners, a Chairperson, a Vice-Chairperson, and one other Commissioner, each appointed by a 

majority vote of the Tribal Council. 

(b) Qualifications. To serve on the Commission, an individual:

(1) Must be an enrolled member of the Tribe;

(2) Must be at least 21 years of age; and 

(3) Must meet all other qualifications set forth in this Ordinance or in the 

bylaws of the Commission, including submission to drug screening prior to appointment. 

(c) The following individuals may not serve as Commissioners: 

(1) Gaming Personnel; 

(2) Individuals related to any Financial Source or Gaming Resource Supplier 

(including any principal thereof);

(3) Individuals that would not qualify for a tribal gaming license; and

(4) Members of the Tribal Council. 

(d) The Commissioner qualifications set forth in this Ordinance may be modified by 

the Tribal Council if a vacancy persists on the Commission for more than three months due to a lack of 

qualified applicants.

(e) The Commission qualifications set forth in this Ordinance may be waived on a 

case-by-case basis as deemed appropriate and necessary by the Tribal Council.

(f) The Commissioners shall be treated as employees of the Tribe for all purposes. 

5.6 Gaming Commission Background Investigation. All Commissioners shall submit to a 

background investigation conducted by the Tribal Council, or its designee. Members of the Commission 

may not participate in matters relating to their background investigation. All candidates shall disclose all 

current or possible conflicts of interest as part of such background investigation. No individual shall be 

eligible for appointment to, or continue services on, the Commission, if:
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(a) He or she has been convicted of, or entered a plea of guilty or nolo contendere to 

any of the following offenses and the conviction has not been pardoned by the Tribe or otherwise removed 

from the record by executive pardon or state court order: 

(1) A felony;

(2) Any offense involving fraud or misrepresentation;

(3) Any gaming related offense, including a violation of the provisions of any 

state gaming law made applicable to the Tribe pursuant to federal law or the Compact; or 

(b) He or she has been convicted of a crime involving theft, fraud, or conversion; or

(c) His or her prior activities, criminal record, or reputation, habits, or associations 

pose a threat to the public interest, threaten the effective operation of Gaming, or enhance the dangers of 

unsuitable, unfair, or illegal practices, methods, or activities in the conduct of Gaming; or

(d) He or she has a present interest in the conduct of any Gaming enterprise (other than 

in the Gaming Operation by virtue of his or her membership in the Tribe), or in any business which provides 

goods or services to the Gaming Facility or Gaming Operation, or he or she has any personal, business, or 

legal relationship which places him or her in a conflict of interest; or

(e) He or she fails to comply with the conditions of his or her appointment. 

5.7 Term of Office. The Commissioners serving upon the effective date of this Ordinance, 

shall continue to serve their respective terms on the Commission. At the expiration, or early termination, of 

an existing Commissioner's term, appointments of the Commissioners by the Tribal Council shall be for a 

period of four (4) years. The Commissioners may be reappointed for successive terms.

5.8 Bylaws. The Commission shall adopt bylaws approved by the Tribal Council consistent 

with Tribal law. 

5.9 Removal. Commissioners shall serve at the pleasure of the Tribal Council and may be 

removed from office before the expiration of their terms by a majority vote of the Tribal Council. 

5.10 Vacancies. If any Commissioner shall die, resign, be removed, or otherwise be unable to 

serve, the Tribal Council shall declare his or her position vacant and shall appoint a successor to fill the 

position. The term of office of any individual so appointed shall be for a term of four (4) years. 

5.11 Duties, Powers and Responsibilities. The Commission shall perform all duties, exercise 

all powers, promulgate all Regulations, assume and discharge all responsibilities and carry out and affect 

all purposes of this Ordinance relating to the regulation of the Gaming Operation. In all decisions, the 

Commission shall act to promote and ensure the integrity, security, honesty and fairness of the Gaming 

Operation and administration of all Gaming Activity. No Commissioner shall act independently of the 

Commission. Any such acts may be grounds for removal. Subject to any restrictions contained in this 

Ordinance or in any other applicable law, the Commission is authorized to exercise, by majority vote or by 

delegation to the Executive Director, the following responsibilities:
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(a) To draft and maintain internal Commission bylaws and operating procedures 

appropriate to implement the provisions of this Ordinance, including conflicts of interest, codes of conduct 

and operating procedures that identify the method by which the Commission will monitor and investigate 

compliance with applicable Gaming laws;

(b) To consult with and make recommendations to the Tribal Council regarding 

changes in Tribal Gaming laws and Regulations; 

(c) To correspond with the NIGC regarding compliance with the rules and regulations 

of that agency. The Commission shall coordinate with the Tribal Council regarding correspondence with 

the NIGC on any matter; 

(d) To ensure that all fees assessed by the NIGC are paid on a timely basis;

(e) To prepare proposals, including budgetary and monetary proposals, the purpose of 

which is to enable the Tribe to carry out the purpose and intent of this Ordinance, and to submit the same 

for consideration by the Tribal Council; provided, however, that no such proposal shall have any force or 

effect unless it is approved by the Tribal Council; 

(f) To enforce the requirements of this Ordinance and the Compact with respect to the 

Gaming Operation and Facility;

(g) To monitor and investigate the place of business, equipment, facilities, tangible 

personal property, and the books, records, papers, vouchers, accounts, documents, and financial statements 

of the Gaming Operation, including the inspection of Gaming Equipment and any premises where Gaming 

Equipment is distributed, provided that all monitoring and investigations must be conducted pursuant to 

policies and procedures adopted in conformance with Tribal law and that all monitoring and investigations 

are for the purpose of determining compliance with applicable Gaming laws;

(h) To draft and implement licensing procedures, including the establishment and 

imposition of licensing fees, for all Primary Management Officials, Key Employees, Gaming Employees, 

Financial Sources, and Gaming Resource Suppliers; 

(i) To approve or disapprove the Gaming License of any Applicant;

(j) To suspend or revoke any Gaming License;

(k) To develop procedures for the establishment and maintenance of a list of 

individuals banned from the Gaming Facility;

(l) To approve the rules, Regulations and procedures for each Game;

(m) To approve the Gaming Operation’s surveillance floor plan;

(n) To conduct administrative reviews pursuant to this Ordinance;

(o) To license Gaming Facilities pursuant to this Ordinance; 
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(p) To act as the designated agent to receive all regulatory notices, other than those 

notices addressed in Section 4.2 of this Ordinance; 

(q) To ensure that all Gaming Activity is conducted honestly and fairly; 

(r) To ensure that the Gaming Facility is constructed in a manner that adequately 

protects the environment and the public health and safety;

(s) To issue subpoenas and compel the attendance of witnesses for regulatory 

proceedings before the Commission;

(t) To administer oaths and to require testimony under oath before the Commission; 

(u) To impose fines, up to $5,000 for each violation of this Ordinance, with each day

that a violation continues being a separate violation and subject to a commensurate fine; 

(v) To seize any money received or obtained by a Patron in violation of this Ordinance 

pending a civil forfeiture of such seizure; and

(w) To take any and all actions necessary and incidental to the foregoing to ensure 

Gaming Activities within Tribal Lands are operated in accordance with all applicable laws, regulations, and 

the Compact. 

5.12 Meetings. Meetings of the Commission shall be held at least once each month and 

additionally as directed by the Chairperson of the Commission. Additional meetings shall be held if 

requested by the Chairperson or by at least two other Commissioners. Meetings may be called at any time, 

by any means, with unanimous consent of the Commissioners. 

5.13 Full-time or Part-time Exclusivity. The Commission shall identify the appropriate work 

schedule for its members and employees. Each Commissioner and the Executive Director shall perform 

his or her duties and responsibilities on a full-time or part-time basis, as determined by the Commission, 

and will not, during his or her tenure in office, be engaged in any other profession or business activity that 

may impede the Commissioner or Executive Director’s ability to perform duties on behalf of the 

Commission or that competes with the Tribe’s interests.

5.14 Reporting Requirements. The Commission shall adhere to the following reporting 

requirements:

(a) The Commission shall meet with the Tribal Council upon request, and no less than 

quarterly; 

(b) Minutes of all Commission meetings shall be filed with the Secretary of the Tribal 

Council within thirty (30) days of their approval; and

(c) Summary reports of all matters pertaining to the business of the Commission shall 

be provided to the Tribal Council on a monthly basis. 

5.15 Compensation and Annual Budget. The Tribal Council shall determine Commissioner 

compensation. Compensation shall be established by the Tribal Council in a manner consistent with the 
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Tribe’s internal rules and bylaws. At least ninety (90) days prior to the end of each fiscal year, the 

Commission shall prepare a budget for the next year’s operation and shall submit the budget to the Tribal 

Council. The Tribal Council shall review the operating budget of the Commission in the same fashion as 

all other Tribal budgets. In preparing the annual budget, all actual and anticipated surplus funds of the 

Commission shall be taken into account. The Tribal Council may adopt, amend or replace the annual 

budget. 

5.16 Gaming Commission Staff. Commission staff shall be supervised by the Executive 

Director. Any staff position, including the position of Executive Director, may only be held by an individual 

who meets the standards and qualifications set forth in Section 11.6. 

5.17 Ethics. 

(a) Commissioners and Commission staff shall not hold financial interests that conflict 

with the conscientious performance of their duties.

(b) Commissioners and Commission staff shall not engage in financial transactions 

using nonpublic information or allow the improper use of such information by others on their behalf to 

further any private interest. 

(c) Commissioners and Commission staff shall not solicit or accept any gift or other 

item of monetary value, including complimentary items or services, from any individual seeking official 

action or inaction from, doing business with, or conducting activities regulated by the Commission, or 

whose interests may be substantially affected by the Commission. This restriction does not apply to items 

of de minimis value or items or services available to all members of the Tribe or to all members of the 

Commission. 

(d) Commissioners and Commission staff shall not use their positions for private gain.

(e) Commissioners and Commission staff shall act impartially, in accordance with all 

relevant tribal, federal and state laws (where applicable), and shall not give preferential treatment to any 

private organization or individual, including to any individuals related to Commissioners or Commission 

staff.

(f) Commissioners and Commission staff shall not engage in outside employment 

(including seeking or negotiating for future employment) or any other activity that conflicts with their 

Commission duties and responsibilities.

(g) Commissioners and Commission staff shall disclose waste, fraud, abuse, and 

corruption to appropriate authorities. 

(h) Commissioners and Commission staff shall endeavor to avoid any actions creating 

the appearance that they are violating the law or the ethical standards listed in this Section 5.17.

(i) Commissioners and Commission staff shall fully comply with internal 

Commission bylaws governing conflicts of interest and codes of conduct.

(j) Commissioners shall disclose to the Tribal Council any conflicts of interest. The 

Executive Director shall disclose to the Commission any conflicts of interest. Commission staff members 
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shall disclose to the Executive Director any conflicts of interest. If there is a real or apparent conflict of 

interest related to any matter before the Commission, the Commissioner subject to the conflict of interest 

shall not take part in a decision related thereto.

6. Executive Director

6.1 Qualifications. The position of Executive Director of the Commission is hereby created. 

The Commission shall appoint the Executive Director, subject to confirmation of the appointment by the 

Tribal Council. 

(a) To serve as the Executive Director, an individual:

(1) Must be at least 21 years of age;

(2) Must have a minimum of five years in any combination of the following:

(A) Post-secondary education; 

(B) Gaming training;

(C) Gaming experience in one or more of the following areas:

(i) Gaming laws or regulations; 

(ii) Gaming operations; 

(iii) Gaming licensing;

(iv) Auditing; 

(v) Indian law; 

(vi) Administrative reviews;

(vii) Background investigations; 

(viii) Surveillance;

(ix) Law enforcement; or

(x) Business administration or business management; and 

(3) Must meet all other qualifications set forth in this Ordinance, including the 

standards and qualifications set forth in Section 11.6.

(b) The following individuals may not serve as the Executive Director:

(1) Gaming Personnel; 

(2) Individuals related to any Financial Source or Gaming Resource Supplier 

(including any principal thereof); 

(3) Individuals who would not qualify for a tribal gaming license;
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(4) Members of the Commission or the Tribal Council; and

(5) Individuals holding any other elected office within the Tribal government.

(c) The Executive Director qualifications set forth in this Ordinance may be modified 

by the Tribal Council if a vacancy persists for more than three months due to a lack of qualified applicants.

(d) The Executive Director shall devote his or her entire time and attention to the duties 

imposed under this Ordinance and the business of the Commission and shall not pursue any other business 

or occupation unless approved by the Commission. 

(e) The Executive Director shall not have any pecuniary interest in any business or 

company holding a License under this Ordinance. 

6.2 Authority of Executive Director. 

(a) The Executive Director shall furnish to the Commission such services that the 

Commission delegates to the Executive Director to carry out the Commission’s functions; 

(b) The Executive Director shall have authority to hire such professional, clerical, 

technical and administrative personnel as may be necessary;

(c) The Executive Director may:

(1) Carry out all responsibilities delegated by the Commission; 

(2) Negotiate and execute any and all contracts for the purchase of goods and 

services as directed by the Commission. Such purchases shall be in accordance with the procurement 

policies and procedures of the Tribe;

(3) Hire such staff as appropriate, consistent with the Commission budget; and

(4) Perform all other duties as delegated by the Commission.

7. Gaming Personnel

7.1 Age. All Gaming Personnel positions shall be filled by individuals who are at least 18

years of age.

7.2 Compact and Employment Laws. All Gaming Personnel are subject to the Compact and 

all employment laws and requirements that are otherwise applicable to employees of the Gaming Facility 

or Gaming Operation. 

8. Files and Records to be Maintained by the Commission; Confidentiality of Information

8.1 Confidentiality of Documents. The Commission shall ensure that all records and 

information obtained pursuant to the exercise of its authority and responsibilities shall remain confidential 

and shall not be disclosed to individuals who are not directly involved in the regulation and oversight of the 

Gaming Operation. The Commission shall maintain a file of all Applications and supporting materials 
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submitted pursuant to this Ordinance, together with a record of all actions taken with respect to those 

Applications. 

8.2 Scope of Confidentiality. The identity of each Applicant, and the following information 

(collectively, "Application Information") shall be treated as confidential, all information and data: 

(a) Included within any Application for a License and any supporting materials, 

including the information requested pursuant to Section 11.4(b); 

(b) Required by the Commission to be furnished to it under this Ordinance or which 

may otherwise be obtained relative to the finances, earnings or revenue of any Applicant or Licensee;

(c) Pertaining to an Applicant’s criminal record, antecedents or background which 

have been furnished to or obtained by the Commission from any source; and 

(d) Provided to the members of the Commission or its employees by a governmental 

agency or a person interviewed in the course of the background investigation (including the identity of any 

person interviewed), or on the assurances that the information will be held in confidence and treated as 

confidential. 

8.3 Record Retention. The Commission shall retain all Application Information, investigative 

reports, and eligibility determinationsfor applications for a Primary Management Official or Key Employee 

for a period of not less than three (3) years from the date of either the termination of employment of the 

Applicant, or should the Applicant never be employed with the Gaming Operation, the date the Application 

for licensure was received by the Commission. 

9. Gaming Surveillance 

9.1 Purpose. The purpose of surveillance systems is to safeguard the Gaming Operation’s 

assets, to deter and detect criminal acts and regulatory violations, and to maintain public confidence and 

trust that Gaming at the Gaming Operation is conducted honestly and free of criminal elements and activity. 

9.2 Requirements. The Gaming Operation shall ensure proper surveillance of the Gaming 

Operation, which shall include a closed-circuit television surveillance system consistent with industry 

standards for gaming facilities of the type and scale operated by the Tribe, which system shall be approved 

by, and may not be modified without the approval of, the Commission. Surveillance personnel shall be 

overseen by the Commission.

9.3 Responsibilities. The Commission shall be responsible for all Gaming surveillance 

activities including, but not limited to: 

(a) Purchase and maintenance of surveillance equipment; 

(b) Development, implementation, and maintenance of written policies and 

procedures for the conduct and integrity of the surveillance department, subject to approval of the 

Commission; 
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(c) Development, implementation, and maintenance of additional procedures 

governing the use and release of the surveillance recordings or reports, subject to approval of the 

Commission; and 

(d) Maintenance of the Gaming Facility surveillance floor plan required pursuant to 

the Compact, subject to approval of the Commission. The surveillance floor plan will address Commission 

access to the surveillance system, which may include dedicated access, at the Commission’s discretion.

9.4 Surveillance Records. Surveillance personnel shall provide to the Commission a copy of 

any time-recorded video and accompanying audio (if available) as soon as reasonably practicable after 

request, and in no event later than twenty-four hours of such request. Surveillance personnel shall retain 

video recordings for such period of time as directed by the Commission. 

10. Gaming Security

10.1 Purpose. The purpose of Gaming security is to assist in safeguarding the Gaming 

Operation’s assets and to protect the Gaming Personnel and Patrons by deterring and detecting criminal 

acts and regulatory violations. 

10.2 Investigations. Gaming security personnel shall be responsible for conducting all 

investigations and reports of incidents at the Gaming Facility consistent with the Compact and all applicable 

Tribal law.

10.3 Reports. Gaming security personnel shall provide to the Gaming Operation and the 

Commission a complete copy of all Incident reports. The procedure for recording of all Incidents shall be 

consistent with the requirements of the Compact.

10.4 Responsibilities. Gaming security personnel are responsible for the:

(a) Development, implementation, and maintenance of written policies and 

procedures for the conduct and integrity of Gaming security, subject to approval of the Commission; and

(b) Development, implementation, and maintenance of additional procedures 

governing the use and release of Incident reports, subject to approval of the Commission. 

11. Licensing of Primary Management Officials, Key Employees and Gaming Employees

11.1 Summary of Licensing Principles. All persons in any way connected with the Gaming 

Operation or Facility who are required to be licensed or to submit to a background investigation under 

IGRA and the Compact, including, but not limited to, all Gaming Employees and Gaming Resource 

Suppliers, and any other person having a significant influence over the Gaming Operation must be licensed 

by the Commission.

11.2 Licenses. The Commission shall issue Licenses for all Persons for which a License is 

required under IGRA and the Compact, including: 

(a) Class II and Class III Gaming Facilities;

(b) Key Employees; 
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(c) Primary Management Officials;

(d) Gaming Employees;

(e) Financial Sources; and

(f) Gaming Resource Suppliers.

11.3 Current and Valid Gaming License Required. All Primary Management Officials and Key 

Employees employed by the Gaming Operation must possess a valid Gaming License or have an 

Application for a Gaming License pending.

11.4 Application Procedure for Gaming License. Every individual seeking employment as a 

Primary Management Official or as a Key Employee shall submit a Gaming License Application and 

additional supplemental information to the Commission on such forms or in such manner as the 

Commission may require. 

(a) The following notices, as the same may be amended from time to time, shall be 

placed on the Application before it is filled out by an Applicant: 

"In compliance with the Privacy Act of 1974, the following information is provided: 

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

purpose of the requested information is to determine the eligibility of individuals to be 

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

authorities and by the National Indian Gaming Commission members and staff who have 

need for the information in the performance of their official duties. The information may 

be disclosed by the Tribe or the NIGC to appropriate Federal, Tribal, State, local or foreign 

law enforcement and regulatory agencies when relevant to civil, criminal or regulatory 

investigations or prosecutions or when pursuant to a requirement by a tribe or the NIGC in 

connection with the issuance, denial, or revocation of a gaming license, or investigations 

of activities while associated with a tribe or a gaming operation. Failure to consent to the 

disclosures indicated in this notice will result in a tribe 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)." 

(b) At a minimum, Applications for Primary Management Official and Key Employee 

shall contain the following information: 

(1) The Applicant’s full name, including all other names used (oral or written), 

current home and business addresses and telephone numbers, gender, Social Security Number, place of 

birth, date of birth, citizenship, any driver's license numbers and any other valid government issued 

identification held within the past five years, and the business and residential addresses over the past five 

years; 
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(2) The position for which the Applicant is applying; 

(3) The names, current addresses, and telephone numbers of three references 

who are not related to the Applicant and who were acquainted with the Applicant when the Applicant 

resided at each of the addresses listed under paragraph (b)(1) above; 

(4) A list of the Applicant’s current and previous business and employment 

positions held over the preceding five years, including the names, addresses, and telephone numbers of his 

or her employers, and the positions held; 

(5) The names and addresses and a brief description of all businesses in which 

the Applicant currently holds, or has within the last five years held, an ownership or financial interest; 

(6) A description of any existing and any previous employment relationship 

with the Tribe or any other Indian tribe, including the position held, the name of the tribe, and the name and 

address of an individual who can attest to the accuracy of the information provided; 

(7) A description of any current or past non-employee business relationship 

which the Applicant has had with the Tribe or any other Indian tribe, including the ownership interests in 

those businesses, and the name of the tribe and the name and address of an individual who can attest to the 

accuracy of the information provided; 

(8) A statement as to whether the Applicant has had any existing or previous 

employment with, or ownership interest in, any gaming-related business. If so, the Applicant shall provide 

a written statement describing his or her position, the dates during which the position was held, a description 

of the Applicant’s ownership interest (when applicable), job responsibilities, the name, address, and 

telephone number of the business, and the name and address of an individual who can attest to the accuracy 

of the information provided; 

(9) A list of all gaming-related licenses or permits for which the Applicant has 

filed an application, whether or not those licenses were granted, and the name, address and telephone 

number of the licensing or regulatory agencies with which such applications were filed; 

(10) A list of all professional, business, or occupational licenses or permits for 

which the Applicant has filed an application, whether or not those licenses or permits were granted, and the 

name, address and telephone number of the regulatory agency with which such applications were filed; 

(11) A list of all languages that the Applicant can write or speak; 

(12) Written permission giving the Commission the right to investigate the 

Applicant’s background, including his or her criminal record, civil and criminal judgments, and credit 

history; 

(13) A complete disclosure of any pending civil or criminal action (including 

any misdemeanor) against the Applicant, including, to the extent applicable, the name and address of the 

police department and court involved, the charge, and the date of disposition, if any; 
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(14) A statement as to whether or not the Applicant has ever been charged with 

a crime (including any misdemeanor), and if so, the charge, the name and address of the court involved, the 

final disposition of the case, and the date of final disposition; 

(15) A disclosure of any civil or criminal judgments rendered against the 

Applicant, including the case number, a description of the judgment, the date of disposition, and the name 

and address of the court involved; 

(16) Any other information, as determined by the Commission, that might bring 

into question the Applicant’s fitness to be employed within a Gaming Facility; 

(c) Each Application shall include an affirmative consent of the Applicant to the 

jurisdiction of the Commission for purposes of processing the Application; 

(d) Each Application shall be accompanied by a sworn statement that the Applicant 

will abide by all applicable Tribal and federal laws, Regulations and policies; 

(e) Each Application shall be accompanied by a written statement that the Applicant 

has read, understands and approves of notices and NIGC requirements related to:

(1) The Privacy Act of 1974; 

(2) False statements; and

(3) Credit reporting; and 

(f) Each Application shall be accompanied by a photograph of the Applicant. All 

Applicants for a Primary Management Official license or Key Employee License are required to submit 

fingerprint cards. The Commission is hereby identified as the law enforcement agency responsible for 

taking fingerprints. Following receipt of an Applicant’s fingerprint cards, the Commission will forward an 

Applicant’s fingerprint cards to the NIGC for a criminal history check through the Federal Bureau of

Investigation National Crime Information Center. 

11.5 Non-Key Gaming Employee Licensing. Non-Key Gaming Employees must be licensed 

by the Commission. Non-Key Gaming Employee Applicants will submit an Application for a Non-Key 

Gaming Employee license to the Commission on such a form or in such manner as the Commission may 

require. The Application for a Non-Key Gaming Employee License shall contain all information necessary 

for the Commission to investigate the Non-Key Gaming Employee’s background, including his or her 

criminal record, civil and criminal judgments, and credit history, but shall not require all of the information 

detailed in Section 11.4 for Primary Management Officials and Key Employees. If the Commission 

determines that the Applicant is suitable for licensure based on the Commission’s review of the Application 

and the results of the criminal history check, the Commission will license the Non-Key Gaming Employee. 

Non-Key Gaming Employees are not required to undergo the complete investigation procedures set forth 

in Section 11.8 of this Ordinance. 

11.6 Qualifications. The Commission shall conduct a criminal history check on all Applicants.

(a) Eligibility for Licensure. The Commission shall review an Applicant’s prior 

activities, criminal record, if any, and reputation, habits and associations to make a determination, pursuant 
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to this Ordinance, concerning the suitability for licensure of Applicants. No license shall be issued to an 

Applicant if it is determined that employment of an Applicant would pose a threat to the public interest or 

to the effective regulation of Gaming, or creates or enhances dangers of unsuitable, unfair, or illegal 

practices and methods and activities in the conduct of Gaming. 

(b) No individual shall be licensed as a Primary Management Official, Key Employee 

or Gaming Employee if: 

(1) He or she has been convicted of, or entered a plea of guilty or nolo 

contendere to any of the following offenses and the conviction has not been pardoned by the Tribe or 

otherwise removed from the record by executive pardon or state court order: 

(A) A felony;

(B) Any offense involving fraud or misrepresentation; or

(C) Any Gaming related offense; 

(2) His or her prior activities, criminal record, if any, and reputation, habits, 

and associations pose a threat to the public interest, threaten the effective operation and regulation of 

Gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities

in the conduct of Gaming; 

(3) The credit history of the Applicant is deemed unacceptable or warrants 

further investigation because it contains a finding of excessive past due unsecured credit accounts, as 

determined by the Commission pursuant to a policy or regulation approved by the Tribal Council. Such 

policy or regulation shall set forth the standards for evaluating whether or not an individual's past due 

unsecured credit accounts are excessive for purposes of this subsection (3); 

(4) He or she is not an individual of good character, honesty or integrity; or

(5) His or her application to the State Gaming Agency for licensure or a 

determination of suitability, or for a renewal of such a licensure or determination, has been denied. 

(c) Each Person who has a License shall have a continuing obligation to inform the 

Commission immediately upon the occurrence of any circumstance or event which may disqualify the 

Person from obtaining or retaining a License. Failure to report any such occurrence may result in 

suspension or revocation of the Application or License and immediate termination from employment.

11.7 Temporary Licensure. The Commission shall develop standards and procedures for the 

temporary licensure of Applicants who have filed an Application for a License. An Applicant who has 

submitted an Application as a Primary Management Official or Key Employee may be given a temporary 

License for a period of ninety (90) days, all other Gaming Employees may be issued a temporary license 

for a period of up to a year. No Primary Management Employee or Key Employee shall continue to be 

employed if that Primary Management Employee or Key Employee does not have a license within ninety

(90) days from the start of employment with the Gaming Operation. 

11.8 Investigation. When an individual submits an Application for a Primary Management 

Official or a Key Employee License, the Commission shall:
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(a) Conduct a background investigation of the Applicant and create and maintain an 

investigative report as to findings and conclusions of the foregoing background investigation, including, 

but not limited to:

(1) Steps taken in conducting the background investigation; 

(2) The results obtained from the background investigation;

(3) The conclusions reached as a result of the background investigation; and

(4) The basis for those conclusions. 

Based upon the results of the background investigation and the written investigative report, 

the Commission shall determine the eligibility of the Applicant to receive a Gaming License.

(b) Upon completion of the background investigation and a determination of eligibility 

for a Gaming License, the Commission shall forward the Applicant’s completed Application materials and 

an investigative report with a determination as to whether the Commission intends to license the Applicant 

to the NIGC (to the extent required by 25 CFR Part 556) and the State Gaming Agency (to the extent 

required by the Compact) no later than sixty (60) days after the Applicant begins work as a Key Employee 

or Primary Management Official (the "Notice of Results"). The Notice of Results shall contain:

(1) Applicant’s name, date of birth, and social security number; 

(2) Date on which Applicant began or will begin work as a Key Employee or 

Primary Management Official;

(3) A summary of the information presented in the investigative report, which 

shall at a minimum include a listing of: (i) license applications filed by Applicant that have previously been 

denied; (ii) gaming licenses held by Applicant that have been revoked, even if subsequently reinstated; 

(iii) every known criminal charge brought against the Applicant within the last ten (10) years of the date of 

the Application; and (iv) every felony of which the Applicant has been convicted or any ongoing 

prosecution of Applicant for a felony; and 

(4) A copy of the eligibility determination made under 25 CFR § 556.5. 

(c) For a thirty-day period, beginning when the NIGC receives a report submitted 

pursuant to Section 11.8(b) above, the Chairperson of the NIGC may request additional information from 

the Commission concerning the individual who is the subject of a report. Such a request shall suspend the 

thirty-day period until the Chairperson receives the additional information.

(d) If, within the thirty-day period described in Section 11.8(c) above, the NIGC

provides the Commission with a statement itemizing objections to the issuance of a License, the 

Commission shall reconsider the Application, taking into account the objections itemized by the NIGC. 

The Commission shall make the final decision whether to issue a License to the Applicant.

(e) In the event that the Commission does not license an Applicant, the Commission 

shall notify the NIGC and forward copies of the Commission’s eligibility determination and Notice of 

Results to the NIGC for inclusion in the Indian Gaming Individual Record System. 
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(f) Within thirty (30) days after the issuance of a permanent License to a Primary 

Management Official or to a Key Employee, the Commission shall notify the NIGC of its issuance.

11.9 License Issuance; Renewals. Any Gaming License issued pursuant to the requirements of 

this Section 11 shall be effective from the date of issuance and shall state on its face the name of the Gaming 

Employee, and the date that the Gaming License became effective. In no event shall a permanent License 

be issued to a Primary Management Official or to a Key Employee until the Notice of Results have been 

submitted to the NIGC. Such a Gaming License shall be effective for two years from the date of issuance 

and shall be renewed every two years thereafter. For a renewal of a Gaming License, Applicants shall 

provide to the Commission updated materials and information, as requested by the Commission. 

11.10 Badge. Any individual who holds a Gaming License issued pursuant to this Ordinance 

must wear in plain view at all times while in the Gaming Facility an identification badge issued by the 

Commission. The badge must display, at a minimum, a photograph of the individual and an identification 

number that is adequate to enable the Commission to readily identify the individual and determine the 

validity and date of expiration of his or her Gaming License. 

11.11 Temporary Suspension of an Individual’s License. Temporary suspension of an 

individual’s License is appropriate when the individual’s continued presence in the Gaming Facility or 

Gaming Operation poses a direct and immediate threat to the general public or to the safety, health and 

welfare of the Tribe.

(a) Grounds for Temporary Suspension. The Commission may suspend the License 

of any individual for not more than thirty (30) days if the Commission has good and reliable cause to 

believe:

(1) That any of the grounds for suspension or revocation listed in Section 

11.12(a) have occurred; and 

(2) That the individual’s continued presence in the Gaming Facility or 

Gaming Operation a direct and immediate threat to the general public or to the safety, health and welfare 

of the Tribe.

(b) Procedure for Temporary Suspension. The Commission may issue a notice of 

temporary suspension of a License if the Commission has cause to believe that any of the reasons in Section 

11.11(a)(1) or Section 11.11(a)(2) above apply to the individual. The Commission shall provide written 

notice to the individual that states with specificity the grounds upon which it is based, including citations 

to the relevant provisions of this Ordinance, and the individual’s right to administrative review. The 

individual has the right to file a request for review with the Commission within five (5) calendar days of 

receipt of the notice of temporary suspension. The Commission shall hold an administrative review on the 

notice of temporary suspension within fourteen (14) calendar days of its receipt of the notice of request for 

review. At the administrative review, the individual shall have an opportunity to present documentation 

and any other information as to the License should not be temporarily suspended. After such administrative 

review, and in no event later than thirty (30) days from the issuance of the notice of temporary suspension, 

the Commission shall issue a final decision regarding the temporary suspension. Any final decision of the 

Commission to condition, grant, deny, suspend or revoke a License may be appealed pursuant to Section 

16.4 of this Ordinance, as applicable. 

11.12 Suspension or Revocation of License. 
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(a) Grounds for Suspension or Revocation. The Commission may suspend or revoke 

any License it has issued for any of the following reasons if such reasons are material: 

(1) The Licensee has willfully withheld pertinent information or has made 

false statements on an Application; 

(2) The Licensee has willfully promoted, played, or participated in any 

Gaming Activity operated in violation of Tribal, state or federal law, or has violated any provision of this 

Ordinance; 

(3) The Licensee has improperly offered something of value to a 

Commissioner or any other individual in an attempt to avoid or circumvent any applicable law;

(4) The Licensee has willfully been involved in the falsification of books or 

records which relate to the operation of Gaming Activity;

(5) The Licensee has been convicted of, or has entered a plea of guilty or nolo 

contendere to, any crime involving gaming, fraud, theft, embezzlement or other activity which, if it had 

been perpetrated at his or her place of employment, would injure or pose a threat to the public interest, the 

integrity of the Gaming Activity, or the effective operation of Gaming, or would enhance the dangers of 

unfair, unsuitable, or illegal gaming practices;

(6) The Licensee has willfully refused to comply with any lawful directive of 

the Tribe, the federal government, or any court of competent jurisdiction; 

(7) The Licensee has been determined to have present or prior activities, 

criminal record, or reputation, habits or associations which pose a threat to the public interest or to the 

effective operation of Gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices or 

methods or activities in the conduct of Gaming;

(8) The Licensee no longer meets the explicit License qualifications set forth

in this Ordinance; or 

(9) The Commission receives information from the State Gaming Agency that 

the Licensee is unsuitable for a License.

It is the intent of the Tribe when adopting this Ordinance that the Commission shall consider the gravity of 

an offense and whether such offense occurred on multiple occasions or was an isolated instance, when 

considering whether it is appropriate to suspend or revoke a License under this Ordinance.

(b) Procedure for Suspension or Revocation. Whenever the Commission shall have 

cause to believe that any of the reasons under Section 11.12(a) apply to any Person who holds a License 

issued by the Commission, the Commission shall serve upon the Person an order to show cause why the 

License should not be suspended or revoked. The order to show cause shall state with specificity the 

grounds upon which it is based, including citations to the relevant sections of this Ordinance, the time and 

place for the administrative review, and notice that the Person shall have the opportunity to present 

documentation and any other relevant information. The administrative review shall be set for not less than 

ten (10) days or more than thirty (30) days from the date of the order to show cause. Subject to Section 

11.12(c), and the Commission's authority to temporarily suspend a license pursuant to Section 11.11, no 
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License will be suspended or revoked until the administrative review by the Commission is concluded and 

a final written decision is rendered by the Commission. 

(c) Suspension Due to Notice of Information from NIGC. Notwithstanding anything 

else herein to the contrary, if, after the issuance of a permanent License, the NIGC notifies the Commission 

that a Key Employee or Primary Management Official is not eligible for employment pursuant to 25 CFR 

§ 556.5 (the "NIGC Notification"), the Commission shall immediately suspend the License and shall 

provide the Licensee with written notice of suspension and the reasons for the proposed revocation. The 

Commission shall notify the Licensee of the time and place for a revocation hearing on the proposed 

revocation of the License. After a revocation hearing is conducted by the Commission, the Commission 

shall decide whether to revoke or to reinstate the License. The Commission shall notify the NIGC of its 

decision within forty-five (45) days from the date of receipt of the NIGC Notification.

11.13 Record of Proceedings. The Commission shall maintain a complete and accurate record of 

all proceedings relating to the issuance, denial, temporary suspension, suspension, revocation of all

Licenses and of the imposition of any fines on a Licensee or imposition of a condition on a License. Records 

pertaining to the issuance, denial, temporary suspension, suspension, revocation of a License and of the 

imposition of any fines on a Licensee or imposition of a condition on a License shall be confidential and 

be handled in compliance with Section 8. 

12. Gaming Facility License

12.1 Compliance with Applicable Standards. The construction and maintenance of any Gaming 

Facility, and the operation of Gaming Activities, shall be conducted in a manner that adequately protects 

the environment and the public health and safety, and shall comply with requirements of the Compact and 

all other applicable health, safety, and environmental standards. 

12.2 Licensing Requirement. The Commission is responsible for issuing a separate license to 

each Gaming Facility located on the Indian Lands that meets the requirements of Section 12.3, and after 

receiving information regarding the following:

(a) The Gaming Facility meets all applicable health and safety standards.

(1) To show compliance with applicable health and safety standards, the 

Gaming Operation shall submit certified copies of Compliance Certificates.

(2) If health and safety standards are not met, proof must be submitted by the 

Gaming Operation of the process of improvements that will place the Gaming Facility in compliance with 

the applicable standards. 

(b) The Commission shall forward all Compliance Certificates to the State Gaming 

Agency within ten (10) days of issuance.

12.3 Threshold Licensing Criteria. The Commission may only issue a Gaming Facility license 

if:

(a) The Gaming Facility is located on Indian Lands: 
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(b) The Gaming Activity to be conducted at the Gaming Facility is Class II or Class 

III Gaming as defined by this Ordinance and IGRA; and 

(c) The Gaming Facility is authorized by a resolution of the Tribal Council. 

12.4 Display of Gaming License. A current valid Gaming Facility License shall be prominently 

displayed at each Gaming Facility.

12.5 License Duration. A Gaming Facility License shall be issued for a period of two years, 

and shall be reviewed and renewed, if appropriate, every two years thereafter.

12.6 Submission of License to NIGC and State Gaming Agency . The Commission shall submit 

to the NIGC and the State Gaming Agency a copy of each Gaming Facility License. 

12.7 Notice of Illegal Gaming Activity. If the Commission finds that the Gaming Facility is 

operating in violation of this Ordinance, or otherwise presents a threat to the public, the Commission shall 

immediately notify the Tribal Council. 

13. Financial Source License

13.1 Licensing Requirements. Financial Sources shall be licensed by the Commission, unless 

such Financial Source is exempt pursuant to this Ordinance or the Compact, or such licensure requirement 

is waived as authorized by the Compact.

13.2 Exemptions. The following Persons do not need to file Applications for a Financial Source 

License:

(a) A licensed Gaming Resource Supplier who provides financing exclusively in 

connection with the sale or lease of Gaming Resources obtained from that supplier shall not be required to 

obtain a separate Financial Source license; 

(b) A federally-regulated or state-regulated bank, savings and loan association, or 

other federally- or state-regulated lender and any fund or other investment vehicle which is administered or 

managed by any such entity; 

(c) Any entity described in the California Gambling Control Commission’s Uniform 

Tribal Gaming Regulation CGCC-2, subdivision (f) (as in effect on the date the Compact was fully 

executed), when that entity is a Financial Source solely by reason of being (i) a purchaser or a holder of 

debt securities or other forms of indebtedness issued directly or indirectly by the Tribe for a Gaming Facility 

or for the Gaming Operation or (ii) the owner of a participation interest in any amount of indebtedness for 

which a Financial Source described in Section 13.2(b), or any fund or other investment vehicle which is 

administered or managed by any such Financial Source, is the creditor; 

(d) Any investor who, alone or in conjunction with others, holds less than 10% of any 

outstanding indebtedness evidenced by Bonds issued by the Tribe; 

(e) An agency of the federal, the State, the Tribe, or local government providing 

financing, together with any person purchasing any debt securities or other forms of indebtedness of the 

agency to provide such financing; 
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(f) A real estate investment trust, as defined in 26 U.S.C. § 856(a), that is publicly 

traded on a stock exchange, registered with the Securities and Exchange Commission, and subject to 

regulatory oversight of the Securities and Exchange Commission; 

(g) Non-Funding Term Lenders and Non-Funding Participants as described in the 

Dispute Resolution Agreement Regarding Section 6.4.6 of the 1999 Tribal-State Gaming Compact Between 

the Jamul Indian Village and the State of California; and 

(h) An entity or category of entities that the State Gaming Agency and the Commission

jointly determine can be excluded from the licensing requirements of this section without posing a threat to 

the public interest or the integrity of the Gaming Operation. 

13.3 Registration for Holders of Tribal Bonds. Pursuant to the State Gaming Agency Uniform 

Tribal Gaming Regulations, including CGCC-1, CGCC-2, any of the following entities that is an actual or 

prospective holder of any Bond issued by the Tribe may register with the Commission on comparable forms 

utilized by the State Gaming Agency:

(a) Any federal-regulated or state-regulated bank or savings association or other 

federal- or state-regulated lending institution;

(b) Any company that is organized as an insurance company, the primary and 

predominant business activity of which is the writing of insurance or the reinsuring of risks underwritten 

by insurance companies, and that is subject to supervision by the Insurance Commissioner of California, or 

a similar official or agency of another state;

(c) Any investment company registered under the federal Investment Company Act of 

1940 (15 U.S.C. § 80a-l et seq.);

(d) Any retirement plan established and maintained by the United States, an agency or 

instrumentality thereof, or by a state, its political subdivisions, or any agency or instrumentality of a state 

or its political subdivisions, for the benefit of its employees; 

(e) Any employee benefit plan within the meaning of Title 1 of the federal Employee 

Retirement Income Security Act of 1974 (29 U.S.C. § 1001 et seq.); 

(f) Any securities dealer registered pursuant to the federal Securities Exchange Act of 

1934 (15 U.S.C. § 78a et seq.); and

(g) Any entity, all of the equity owners of which individually meet the criteria of this 

subsection 13.3. 

Registration and renewal of registration under this Section 13.3 shall constitute a finding of suitability in 

compliance with the Compact.

13.4 Submission of License to State Gaming Agency . The Commission shall submit to the 

State Gaming Agency a copy of each Financial Source License.
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13.5 Application Form and Procedures. The Commission shall adopt Financial Source 

Application forms to license Financial Sources. At a minimum, the Financial Source Application form 

shall contain the following information:

(a) The name of the Applicant, including any trade name to be used and the 

Applicant’s principal place of business; 

(b) Whether the Applicant is a corporation, limited liability company, limited 

partnership or privately-held business entity, including the state in which the Applicant is organized and a 

general description of the nature of the Applicant’s principal business; 

(c) The name, telephone number and mailing address for the contact person 

responsible for the Applicant’s accounts payable and billing information; 

(d) The tax reporting status of the Applicant; 

(e) A list of all Persons that directly hold more than 10% of the ownership interests of 

the Applicant; 

(f) A list of the Applicant’s officers and directors; 

(g) If a publicly-traded company, the Applicant’s ticker symbol and a list of all

exchanges on which the Applicant’s shares are traded; 

(h) A list of any state or federal government agencies by which the Applicant is 

regulated; and

(i) A list of any gaming licenses held by the Applicant.

An Applicant for a Financial Source License will be required to provide evidence that the Applicant is 

eligible for licensure as a Financial Source (if applicable), and a statement committing the Applicant to 

notify the Commission and the State Gaming Agency promptly of any termination of the Applicant’s 

eligibility as a Financial Source.

13.6 Financial Source Application Forms and Procedures - Individual. The Financial Source 

Application form for individuals shall contain the following information: 

(a) The Applicant’s full name, including all other names used (oral or written), current 

home and work addresses and telephone numbers, gender, Social Security Number, place of birth, date of 

birth, citizenship, marital information, educational and military background and driver’s license number(s) 

and the addresses of his or her residences over the past five years; 

(b) The names, current addresses, and telephone numbers of three references who are 

not related to the Applicant and who were acquainted with the Applicant when the Applicant resided at 

each of the addresses listed under paragraph (a) above; 

(c) A list of the Applicant’s current and previous jobs over the preceding five years, 

including the names, addresses, and telephone numbers of his or her employers, and the positions held; 
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(d) A statement as to whether the Applicant has had any past employment with, or 

ownership interest in, any gaming-related business. If so, the Applicant shall provide a written statement 

describing his or her position, the dates during which the position was held, a description of the Applicant’s 

ownership interest (when applicable), job responsibilities, the name, address, and telephone number of the 

business, and the name and address of an individual who can attest to the accuracy of the information 

provided; 

(e) A list of all gaming-related licenses for which the Applicant has applied, whether 

or not those licenses were granted, whether any disciplinary actions (including fines or temporary 

suspensions) were taken with respect to such Gaming-related licenses, and the name, address and telephone 

number of the regulatory agencies involved; 

(f) A list of all professional and business licenses for which the Applicant has applied, 

whether or not those licenses were granted, and the name, address and telephone number of the regulatory 

agency involved; 

(g) A complete disclosure of any pending civil or criminal action against the 

Applicant, including the name, and address of the police department and court involved; 

(h) A statement as to whether or not the Applicant has ever been charged with a crime 

and if so, the charge, the name and address of the court involved, the final disposition of the case, and the 

date of final disposition; and

(i) A disclosure of any civil or criminal judgments rendered against the Applicant, 

including the case number, a description of the judgment, and the name and address of the court involved. 

13.7 Duration; Renewal Process. A Financial Source License shall be issued for a period of two 

years, and shall be renewed every two years thereafter. Applicants for a renewal of a Financial Source 

License shall provide to the Commission updated materials, as requested, on the appropriate renewal 

Applications. Applicants for a renewal shall not be required to resubmit historical data already available to 

the Commission. Additional background investigations shall not be required of Applicants for a renewal 

unless the Commission determines, based upon the disclosure or discovery of new information, that there 

is a need for further information concerning the Applicant’s continuing eligibility for a License.

14. Gaming Resource Supplier License

14.1 Licensing Requirements. Any Gaming Resource Supplier who provides, has provided, or 

has an agreement to provide at least $25,000 in Gaming Resources in any twelve month period, or who has 

received as compensation for providing Gaming Resources to the Gaming Facility or Gaming Operation 

valued at $25,000 or more in any consecutive twelve month period within the twenty-four month period 

immediately preceding application, shall be licensed by the Commission prior to the sale, lease, or 

distribution of any such Gaming Resources to the Gaming Facility or Gaming Operation. 

14.1 Exemptions. The Commission may exclude Providers of Non-Gaming Services from the 

Supplier License requirement (a) if the Providers of Non-Gaming Services provide services or purvey 

equipment or furniture that is not specifically designed for, and is distributed generally for use other than 

in connection with, Gaming Activities, (b) if the Provider of Non-Gaming Services does not additionally 

provide Gaming Equipment to the Gaming Facility or Gaming Operation, (c) if the compensation received 

by the Provider of Non-Gaming Services is not grossly disproportionate to the value of the goods or services 
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provided, and (d) if the Provider of Non-Gaming Services is not otherwise a Person who exercises a 

significant influence over the Gaming Operation. The Commission may adopt separate Application forms 

and procedures to license or otherwise register Providers of Non-Gaming Services than those used by 

Gaming Resource Suppliers.

14.2 Submission of License to State Gaming Agency. The Commission shall submit to the State 

Gaming Agency a copy of each Supplier License.

14.3 Application Forms and Procedures. The Commission shall adopt forms consistent with the 

standards set forth in this Ordinance. All Supplier License Application forms shall, at a minimum, require 

the name of the Applicant, the address of the Applicant’s principal place of business, and evidence that the 

Applicant is eligible for licensure as a Gaming Resource Supplier.

14.1 Duration; Renewal Process. A Supplier License shall be issued for a period of two years, 

and shall be reviewed and renewed, if appropriate, every two years thereafter. Applicants for a renewal of 

a Supplier License shall provide to the Commission updated materials and information as requested by the 

Commission. 

15. Fees

15.1 License and Application and Renewal Fees. The Commission shall establish a fee schedule 

for Applications and License renewals. Unless specifically waived by the Commission, all Persons 

applying for a License shall be required to pay application and investigation fees when due, including a 

reasonable deposit for costs that may be incurred in connection with the License investigation. The

Commission will set the Application fees and any applicable License renewal fees. 

16. Licensing Principles

16.1 Reliance on Previously Issued License. In lieu of completing its own background 

investigation, and to the extent that doing so does not conflict with or violate IGRA or the Compact, the 

Commission may contract with the State Gaming Agency for the conduct of background investigations, 

may rely on a state finding of suitability previously issued under a gaming compact involving another tribe, 

or may rely on a State gaming license previously issued to the Applicant, to fulfill some or all of the 

Commission’s background investigation obligation for licensing Applicants.

16.2 Licensing Criteria for Entities. For Applicants who are business entities, the licensing 

provisions of this Ordinance shall apply to the entity as well as:

(a) Each of its officers and directors;

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

officer, chief financial officer, chief operating officer, and general manager;

(c) Each of its owners or partners, if an unincorporated business; 

(d) Each of its shareholders who owns more than 10% of the shares of the corporation, 

if a corporation, or members who own more than a 10% membership interest of the limited liability 

company, if a limited liability company; and 
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(e) Each Person (other than a Financial Source exempt under Section 13.2 of this 

Ordinance) that, alone or in combination with others, has provided financing in connection with any 

Gaming Activity at the Gaming Operation, if that Person provided more than 10% of:

(1) The start-up capital; 

(2) The operating capital over a 12-month period; or

(3) A combination thereof. 

For purposes of this Section, where there is any commonality of the characteristics identified in (a) through 

(e) inclusive between any two or more entities, those entities may be deemed to be a single entity.

16.3 Institutional Investor. In the event an Institutional Investor directly or indirectly holds 

shares of a corporation or membership interests in an Applicant or Licensee or parent company of an 

Applicant or Licensee through its Affiliates, then such Institutional Investor shall not be required to submit 

an Application unless such Institutional Investor indirectly holds, through its Affiliates, more than 15% of 

the issued and outstanding shares or membership interests of an Applicant or Licensee or parent company 

of an Applicant or Licensee.

16.4 Appeals. Any Person aggrieved by a final decision of the Commission to condition, grant, 

deny, suspend or revoke a License or impose any fines on a Licensee may file a petition with the 

Commission requesting a hearing to reconsider the decision, and shall have the right to appeal such decision 

to the Tribal Council in accordance with such rules and regulations as may be promulgated by the Tribal 

Council for that purpose. If the Gaming Commission or Tribal Council reverses a prior licensure decision 

and issues a license to an application or licensee, such license shall not be issued for more than one (1) year, 

shall be subject to the renewal procedures set forth herein, an such reversal order and issuance of a license 

shall only be valid if to do so would not place the Tribe in violation of the Compact or of any applicable 

law. The Tribal Council may, by resolution, delegate its duties described in this Section 16.4 to the Tribal 

Court. A temporary suspension of an individual’s license will be reviewed pursuant to Section 11.11(b) 

prior to any appeal.

17. Games

17.1 Who May Not Play. It is the policy of the Tribe that certain individuals for whom conflicts 

of interest exist may not participate in Gaming Activities conducted at the Gaming Facility. At a minimum, 

members and staff of the Commission, the Executive Director, and senior level employees and officers of 

the Gaming Operation may not participate in any Gaming Activity on the Tribe’s Indian Lands. The 

Gaming Operation shall develop and maintain a standard operating procedure that identifies other positions 

and any applicable restrictions on Gaming Activity conducted at the Gaming Facility on file with the 

Commission. 

17.2 Patron Disputes. Any Patron of the Gaming Facility who has a dispute, disagreement or 

other grievance that involves any Gaming Activity offered at the Gaming Facility shall have their dispute 

resolved in the following manner. 

(a) Any Patron with a Gaming dispute shall be notified of the Patron’s right to submit 

a written statement of the facts or circumstances surrounding the dispute with the Gaming Operation. Such 

written statement must be submitted within five (5) days of the day on which the dispute occurred. The 
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Gaming Operation shall have five (5) days to provide a written response to the Patron. If the dispute is not 

resolved to the satisfaction of the Patron, the Patron has the right to contact the Commission to resolve the 

dispute within thirty (30) days of the day on which the dispute occurred. If the Patron contacts the 

Commission to resolve the dispute, the Gaming Operation will provide to the Commission copies of the 

Patron’s statement and the Gaming Operation’s response.

(b) All disputes that are submitted to the Commission for resolution shall be decided 

by the Commission based on information provided by the Patron and the Gaming Operation. The decision 

of the Commission shall be in writing copied to the Patron and the Gaming Operation, and shall be issued 

within fifteen (15) days of submission of the matter to the Commission. The decision of the Commission 

regarding any Patron dispute shall be final and shall not be subject to further review by any court in any 

jurisdiction.

18. Individually-Owned Gaming Operations

18.1 Authorization. Any individually-owned gaming authorized by the Tribe shall be 

authorized pursuant to an ordinance adopted by the Tribal Council and approved by the NIGC which shall 

include the requirements set forth in this Section 18. 

18.2 Ordinance Requirements. The ordinance regulating individually owned gaming shall, at a 

minimum: 

(a) require the individually owned gaming operation to: 

(1) Be licensed by the Commission; 

(2) Distribute not less than sixty percent (60%) of the net revenues from any 

individually owned gaming operation to the Tribe; and 

(3) Pay an assessment to the NIGC as required by Section 25 C.F.R. §514.1. 

(b) require that income distributed to the Tribe from individually owned gaming only 

be used for the purposes set forth in Section 19.2. 

(c) include licensing standards that are at least as restrictive as those established by 

California governing similar gaming within the State of California. 

(d) require the denial of a license for any person that would not be eligible to receive 

a California license to conduct the same activity within the State of California. 

(e) apply California standards with respect to purpose, entity, pot limits, and hours of 

operation. 

19. Miscellaneous

19.1 Gaming Rules. Gaming operated under this Ordinance shall be consistent with the 

Compact and any amendments thereto. 
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(a) All rules, Regulations and procedures for Games, including the method of play and 

the odds and method of determining amounts paid to winners, shall be approved and maintained by the 

Commission. 

(b) Information regarding betting limits, the method of play, odds and payoff 

determinations shall be visibly displayed or available to Patrons in written form in the Gaming Facility.

19.2 Use of Net Gaming Revenues. Net Revenues from the Gaming Operation may only be 

used for the following purposes: (a) to fund Tribal government operations or programs; (b) to provide for 

the general welfare of the Tribe and its members, including issuing per capita payments to members of the 

Tribe pursuant to a revenue allocation plan approved by the Secretary of the Interior; (c) to promote Tribal 

economic development; (d) to donate to charitable organizations; and (e) to help fund operations of local 

government agencies. 

19.3 Minimum Internal Control Standards. The Commission shall promulgate Regulations for 

the minimum internal control standards of the Gaming Operation. The minimum internal control standards 

shall: 

(a) Contain standards for currency transaction reporting that comply with 31 CFR Part 

103; and 

(b) Establish internal control standards for all Class II and Class III Gaming Activities 

consistent with the requirements of this Ordinance, IGRA, the Compact, and the State Gaming Agency’s 

Uniform Tribal Gaming Regulations.

The Commission shall require the Gaming Operation to implement a system of internal controls that

complies with the minimum internal control standards adopted by the Commission. The Commission shall 

monitor and enforce compliance with the minimum internal control standards adopted by the Commission. 

19.4 Annual Audit. The Gaming Operation shall ensure an annual audit of the Gaming 

Operation is conducted by an independent, certified public accounting firm in accordance with the auditing 

and accounting standards for audits of casinos of the American Institute of Certified Public Accountants. 

Copies of the annual audit will be provided to the Tribal Council and the Commission. The Commission 

shall submit the annual audit to the NIGC upon receipt. All gaming related contracts for supplies, services, 

or concessions in excess of twenty-five thousand dollars ($25,000) shall be included in the scope of this 

audit, excluding contracts for legal services and accounting services. 

19.5 Commission Right to Conduct Audits. The Commission may require audits of the financial 

statements of the Gaming Operation and of any Gaming Activity. The Commission shall require such 

audits to occur when necessary to ensure the integrity, security, honesty and fairness of the Gaming

Operation and all Gaming Activity. The Commission shall take reasonable steps to coordinate the timing 

of these audits with the annual audit, provided that the Commission may require audits to occur at other 

times if necessary to preserve the assets of the Tribe or ensure the integrity, security, honesty and fairness 

of the Gaming Operation or any Gaming Activity. Such audits may: 

(a) Be made by an independent CPA authorized to practice public accounting in the 

State of California;
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(b) Include an opinion (qualified or unqualified), or if appropriate, disclaim an opinion 

on the financial statements taken as a whole in accordance with standards of the accounting profession 

established by rules and requirements of the California State Board of Accountancy and the American 

Institute of Certified Public Accountants;

(c) Disclose whether the accounts, records and control procedures maintained by the 

Gaming Operation are as required by the Compact, Ordinance or Regulations; and

(d) Provide for a review of the Gaming Operation’s system of internal controls to 

disclose any deviation from prescribed rules, requirements, or industry practice and report such finding to 

the Commission and the Gaming Operation. 

19.6 Gaming Device Technical Standards. The Commission shall adopt technical standards and 

specifications for the operation of Gaming Devices and other games consistent with the Compact and any 

amendments thereto.

19.7 Exclusion or Ejection of Individuals. The Commission shall provide for the establishment 

of a list of individuals who are to be excluded or ejected from the Gaming Facility. The list shall include

any individual whose presence in the Gaming Facility is determined by the Commission to pose a threat to 

the integrity of Gaming Operation, a threat to the health, safety or welfare of Gaming Personnel or Patrons, 

interests of the Tribe, or State of California. Race, religious creed, color, national origin, ancestry, physical 

or mental disability, medical condition, marital status, sex, age, or sexual orientation must not be grounds 

for placing the name of an individual on the list. The Commission shall promulgate Regulations providing 

due process to any individual whose name the Commission is considering placing on the exclusion list, and 

shall require all Licensees to exclude or eject from a Gaming Facility any individuals placed on the 

exclusion list. 

19.8 Emergency Evacuation and Preparedness Plans. For the purpose of ensuring the physical 

safety of the Gaming Operation and its Patrons and Gaming Personnel, and any other individuals present 

in the Gaming Facility, the Commission shall develop and implement an Emergency Evacuation and 

Preparedness Plan in compliance with the State Gaming Agency’s Uniform Tribal Gaming Regulations. 

19.9 Minors. The Gaming Operation shall not permit individuals under the age of 21 to be 

present in any room or area in which Gaming Activities are being conducted unless the individual is en

route to a non-Gaming area of the Gaming Facility, or is employed at the Gaming Facility in a capacity 

other than as a Gaming Employee. The Gaming Operation shall prohibit individuals under the age of 21 to 

be present in any room or area in which alcoholic beverages may be consumed, except to the extent 

permitted under the Gaming Operation's liquor license, and applicable law. 

19.10 Sovereign Immunity. All inherent sovereign rights of the Tribe, as a federally recognized 

sovereign tribe are hereby expressly reserved, including sovereign immunity from unconsented suit. 

Nothing in the Ordinance shall be deemed or construed to be a waiver of the Tribe’s sovereign immunity 

from unconsented suit. 

19.11 Severability. Should a provision of this Ordinance or the application of a provision of this 

Ordinance be determined to be invalid, the invalidity shall not affect the other provisions of this Ordinance.

19.12 Repeal. This Ordinance shall repeal and supersede all previous Gaming ordinances 

adopted by the Tribe. This Ordinance shall also repeal and supersede all other Tribal policies, regulations, 
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rules, motions, memoranda, and other similar acts which are inconsistent with this Ordinance. Specifically, 

the Jamul Indian Village Amended & Restated Gaming Ordinance, adopted on February 20, 2019, approved 

by the NIGC on May 8, 2019, including any amendments thereto is repealed by this Ordinance.

19.13 Amendments. All provisions of this Ordinance are subject to amendment by the Tribal 

Council. All amendments to this Ordinance shall be effective upon the date of passage by the Tribal Council

and approval by the Chairperson of the NIGC. In the event that the Tribe or the Commission enact any 

law, ordinance or regulation (including amendments to this Ordinance) which is more stringent or 

burdensome than applicable federal or State legal requirements or the terms of the Compact, then the 

provisions of this Ordinance shall apply. 

19.14 Effective Date. This Ordinance shall take effect immediately upon its approval by the 

Chairperson of the NIGC. 
Ordinance No. 2022-02 

Adopted: February 1, 2022 

Approved by NIGC: ____________, 2022 

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SECOND AMENDED & RESTATED

GAMING ORDINANCE
JAMUL INDIAN VILLAGE

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Page i 

TABLE OF CONTENTS

Page

1. Purpose, Policy and Sole Proprietary Interest .................................................................................. 1

1.1 Purpose and Policy .............................................................................................................. 1

1.2 Sole Proprietary Interest ..................................................................................................... 1

1.3 Name ................................................................................................................................... 1

2. Gaming Authorization ..................................................................................................................... 1

2.1 Jurisdiction .......................................................................................................................... 1

2.2 Class II and Class III Authorization .................................................................................... 1

2.3 Unauthorized or Unapproved Gaming ................................................................................ 1

3. Definitions ....................................................................................................................................... 1

4. Tribal Council: Powers and Duties .................................................................................................. 7

4.1 Delegation of Duties ........................................................................................................... 7

4.2 Registered Agent ................................................................................................................. 7

5. Jamul Gaming Commission ............................................................................................................. 7

5.1 Establishment and Purpose ................................................................................................. 7

5.2 Duration and Attributes ...................................................................................................... 7

5.3 Sovereign Immunity of the Commission ............................................................................ 7

5.4 Assets of the Commission ................................................................................................... 8

5.5 Number of Commissioners; Qualifications; Background Investigation ............................. 8

5.6 Gaming Commission Background Investigation ................................................................ 8

5.7 Term of Office .................................................................................................................... 9

5.8 Bylaws ................................................................................................................................ 9

5.9 Removal .............................................................................................................................. 9

5.10 Vacancies ............................................................................................................................ 9

5.11 Duties, Powers and Responsibilities ................................................................................... 9

5.12 Meetings............................................................................................................................ 11

5.13 Full-time or Part-time Exclusivity .................................................................................... 11

5.14 Reporting Requirements ................................................................................................... 11

5.15 Compensation and Annual Budget ................................................................................... 11

5.16 Gaming Commission Staff ................................................................................................ 12

5.17 Ethics ................................................................................................................................ 12
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6. Executive Director ......................................................................................................................... 13

6.1 Qualifications .................................................................................................................... 13

6.2 Authority of Executive Director ....................................................................................... 14

7. Gaming Personnel .......................................................................................................................... 14

7.1 Age .................................................................................................................................... 14

7.2 Compact and Employment Laws ...................................................................................... 14

8. Files and Records to be Maintained by the Commission; Confidentiality of Information ............ 14

8.1 Confidentiality of Documents ........................................................................................... 14

8.2 Scope of Confidentiality ................................................................................................... 15

8.3 Record Retention .............................................................................................................. 15

9. Gaming Surveillance ...................................................................................................................... 15

9.1 Purpose.............................................................................................................................. 15

9.2 Requirements .................................................................................................................... 15

9.3 Responsibilities ................................................................................................................. 15

9.4 Surveillance Records ........................................................................................................ 16

10. Gaming Security ............................................................................................................................ 16

10.1 Purpose.............................................................................................................................. 16

10.2 Investigations .................................................................................................................... 16

10.3 Reports .............................................................................................................................. 16

10.4 Responsibilities ................................................................................................................. 16

11. Licensing of Primary Management Officials, Key Employees and Gaming Employees .............. 16

11.1 Summary of Licensing Principles ..................................................................................... 16

11.2 Licenses ............................................................................................................................ 16

11.3 Current and Valid Gaming License Required ................................................................... 17

11.4 Application Procedure for Gaming License...................................................................... 17

11.5 Non-Key Gaming Employee Licensing ............................................................................ 19

11.6 Qualifications .................................................................................................................... 19

11.7 Temporary Licensure ........................................................................................................ 20

11.8 Investigation...................................................................................................................... 20

11.9 License Issuance; Renewals .............................................................................................. 22

11.10 Badge ................................................................................................................................ 22

11.11 Temporary Suspension of an Individual’s License ........................................................... 22
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11.12 Suspension or Revocation of License ............................................................................... 22

11.13 Record of Proceedings ...................................................................................................... 24

12. Gaming Facility License ................................................................................................................ 24

12.1 Compliance with Applicable Standards ............................................................................ 24

12.2 Licensing Requirement ..................................................................................................... 24

12.3 Threshold Licensing Criteria ............................................................................................ 24

12.4 Display of Gaming License .............................................................................................. 25

12.5 License Duration ............................................................................................................... 25

12.6 Submission of License to NIGC and State Gaming Agency ............................................ 25

12.7 Notice of Illegal Gaming Activity .................................................................................... 25

13. Financial Source License ............................................................................................................... 25

13.1 Licensing Requirements ................................................................................................... 25

13.2 Exemptions ....................................................................................................................... 25

13.3 Registration for Holders of Tribal Bonds ......................................................................... 26

13.4 Submission of License to State Gaming Agency .............................................................. 26

13.5 Application Form and Procedures .................................................................................... 27

13.6 Financial Source Application Forms and Procedures - Individual ................................... 27

13.7 Duration; Renewal Process ............................................................................................... 28

14. Gaming Resource Supplier License ............................................................................................... 28

14.1 Licensing Requirements ................................................................................................... 28

14.1 Exemptions ....................................................................................................................... 28

14.2 Submission of License to State Gaming Agency .............................................................. 29

14.3 Application Forms and Procedures ................................................................................... 29

14.1 Duration; Renewal Process ............................................................................................... 29

15. Fees ................................................................................................................................................ 29

15.1 License and Application and Renewal Fees ..................................................................... 29

16. Licensing Principles ....................................................................................................................... 29

16.1 Reliance on Previously Issued License ............................................................................. 29

16.2 Licensing Criteria for Entities ........................................................................................... 29

16.3 Institutional Investor ......................................................................................................... 30

16.4 Appeals ............................................................................................................................. 30
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17. Games ............................................................................................................................................ 30

17.1 Who May Not Play ........................................................................................................... 30

17.2 Patron Disputes ................................................................................................................. 30

18. Individually-Owned Gaming Operations ....................................................................................... 31

18.1 Authorization .................................................................................................................... 31

18.2 Ordinance Requirements ................................................................................................... 31

19. Miscellaneous ................................................................................................................................ 31

19.1 Gaming Rules ................................................................................................................... 31

19.2 Use of Net Gaming Revenues ........................................................................................... 32

19.3 Minimum Internal Control Standards ............................................................................... 32

19.4 Annual Audit..................................................................................................................... 32

19.5 Commission Right to Conduct Audits .............................................................................. 32

19.6 Gaming Device Technical Standards ................................................................................ 33

19.7 Exclusion or Ejection of Individuals ................................................................................. 33

19.8 Emergency Evacuation and Preparedness Plans ............................................................... 33

19.9 Minors ............................................................................................................................... 33

19.10 Sovereign Immunity ......................................................................................................... 33

19.11 Severability ....................................................................................................................... 33

19.12 Repeal ............................................................................................................................... 33

19.13 Amendments ..................................................................................................................... 34

19.14 Effective Date ................................................................................................................... 34
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1. Purpose, Policy and Sole Proprietary Interest

1.1 Purpose and Policy. The purpose of this Ordinance is to set forth the laws of the Tribe 

regarding all Gaming Activities conducted on the Tribe’s Indian Lands. The Ordinance is intended to 

govern the Gaming Activities of all individuals, employees, consultants, business entities, vendors, boards, 

committees, commissions and administrative review bodies on the Tribe’s Indian Lands. The purpose of 

this Ordinance is to ensure that the Gaming Activities conducted on the Tribe’s Indian Lands are conducted 

fairly and honestly, and that all internal departments, enterprises, officials and employees of the Tribe work 

cooperatively to advance the best interests of the Tribe in protecting its Gaming Activities as well as its 

Patrons. It is the intent of the Tribe that this Ordinance and provisions within shall be interpreted in a 

manner so as to comply with the terms of the Compact, IGRA, and applicable NIGC regulations.

1.2 Sole Proprietary Interest. The Tribe shall have the sole proprietary interest in and 

responsibility for the conduct of all Gaming Activities authorized by this Ordinance; provided, however, 

that the Tribe may, in accordance with IGRA, and when authorized under applicable Federal law and the 

Compact (where applicable), enter into a management contract for management of all or part of the Gaming

Operation, or authorize a third-party to have a proprietary interest in Gaming Activities on its Indian Lands

in accordance with Section 18. 

1.3 Name. This Second Amended & Restated Gaming Ordinance shall be known as the 

"Gaming Ordinance". 

2. Gaming Authorization 

2.1 Jurisdiction. This Ordinance is applicable to all Indian Lands under the jurisdiction of the 

Tribe.

2.2 Class II and Class III Authorization. Class II and Class III Gaming are each hereby 

authorized on the Tribe’s Indian Lands. 

2.3 Unauthorized or Unapproved Gaming. Class II and Class III Gaming by any Person on the 

Tribe’s Indian Lands except as authorized pursuant to this Ordinance is prohibited.

3. Definitions

This Section shall govern the definitions of words and phrases used in this Ordinance. All words or phrases 

not defined in this Section are used in their ordinary and everyday sense.

3.1 "Affiliate" means, with respect to any specified Person, any other Person who directly or 

indirectly, through one or more intermediaries, controls, is or becomes controlled by, or is or comes under 

common control with the specified Person. For purposes of this definition, "control" means the possession, 

direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, 

whether through the ownership of voting securities or other interests, by contract, governmental authority 

or otherwise. 

3.2 "Applicant" means any Person filing an Application for a Gaming License, Gaming 

Facility License, Financial Source License or Supplier License pursuant to Sections 11, 12, 13, and 14 of

this Ordinance.
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3.3 "Application" means any application for a Gaming License, Gaming Facility License, 

Financial Source License, or Supplier License.

3.4 "Bond" means any security within the meaning of the Securities Act of 1933 (15 U.S.C. § 

77a et seq.) that constitutes an evidence of indebtedness issued pursuant to a trust indenture between the 

issuer of the security and a trustee who has a right to enforce the terms of the bonds on behalf of all holders 

of the bonds. 

3.5 "Class I Gaming" means social games solely for prizes of minimal value or traditional 

forms of Indian gaming engaged in by individuals as a part of, or in connection with, Tribal ceremonies or 

celebrations. 

3.6 "Class II Gaming" means:

(a) The game of chance commonly known as bingo (whether or not electronic, 

computer or other technologic aids are used in connection therewith) in which:

(1) The game is played for prizes, including monetary prizes, with cards 

bearing numbers or other designations; 

(2) The holder of the card covers such numbers or designations when objects, 

similarly numbered or designated, are drawn or electronically determined; or

(3) The game is won by the first individual covering a previously designated 

arrangement of numbers or designation on such cards, including (if played in the same location) pull-tabs, 

lotto, punch boards, tip jars, instant bingo and other games similar to bingo. 

(b) Card games which:

(1) Are explicitly authorized by the laws of the State; or

(2) Are not explicitly prohibited by the laws of the State and are played at any 

location in the State, but only if such card games are played in conformity with those laws and regulations 

(if any) of the State regarding hours or periods of operation of such card games or limitations on wagers or 

pot sizes in such card games. Class II Gaming does not include any banking card games, including baccarat, 

chemin de fer, or blackjack (twenty-one), or electronic or electro-mechanical facsimiles of any game of 

chance or slot machines of any kind. 

3.7 "Class III Gaming" means all forms of Gaming that are not Class I or Class II.

3.8 "Commission" means the Jamul Gaming Commission as established by this Ordinance. 

3.9 "Commissioner" means a duly appointed member of the Jamul Gaming Commission. 

3.10 "Compact" means the Tribal-State Compact between the Tribe and the State of California 

including all subsequent amendments thereto, authorized by IGRA or other applicable law. 
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3.11 "Compliance Certificate" means a certificate issued by a qualified building and safety 

expert which states that the construction of the Gaming Facility complies with the Tribe’s applicable 

building and safety codes. 

3.12 "Financial Source" means a Person extending or guaranteeing financing, directly or 

indirectly, for the purpose of constructing, developing, maintaining, equipping, or operating the Gaming

Facility or Gaming Operation. 

3.13 "Financial Source License" means the permit granted by the Commission to a Financial 

Source. 

3.14 "Games", "Gaming", or "Gaming Activity" means any activity, operation, or game of 

chance which is considered Class II or Class III Gaming.

3.15 "Gaming Device" has the same meaning as defined in the Compact.

3.16 "Gaming Employee" means any individual who (a) conducts, operates, maintains, repairs, 

accounts for, or assists in any Gaming Activities, or is in any way responsible for supervising any such 

Gaming Activity or individuals who conduct, operate, maintain, repair, account for, or supervise any such 

Gaming Activity, (b) is in a category under federal or tribal law requiring licensing; (c) is an employee of 

the Commission with access to confidential information, or (d) is an individual whose employment duties 

require or authorize access to areas of the Gaming Facility in which any activities related to Gaming 

Activities are conducted, but that are not open to the public.

3.17 "Gaming Equipment" means any device, machine, paraphernalia, or equipment that is 

used or usable in the playing phases of any Gaming Activity, whether or not specifically designed for that 

purpose, but excluding tables and chairs normally used in the occupancy of a Gaming Facility.

3.18 "Gaming Facility" means any building on the Tribe’s Indian Lands in which Gaming 

Activities or Gaming Operation occurs, or in which the business records, receipts, or other funds of the 

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.

3.19 "Gaming Facility License" means the official and revocable permission granted by the 

Commission to the Gaming Facility allowing the conduct of Gaming. 

3.20 "Gaming License" means the official and revocable permission granted by the 

Commission to an Applicant in order to be a Primary Management Official, Key Employee, or Gaming 

Employee. Nothing herein shall create a property interest in the issuance or retention of a Gaming License.

3.21 "Gaming Operation" means the Tribe’s business enterprise that offers and operates 

Gaming Activities.

3.22 "Gaming Personnel" means any individual employed by the Gaming Operation. 

3.23 "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, furniture, 

gambling devices and ancillary equipment, implements of Gaming Activities such as playing cards and 
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dice, furniture designed primarily for Gaming Activities, maintenance or security equipment and services, 

and Class III Gaming consulting services. "Gaming Resources" does not include professional accounting 

and legal services. 

3.24 "Gaming Resource Supplier" means any Person who, directly or indirectly, 

manufactures, distributes, supplies, vends, leases, or otherwise purveys Gaming Resources to the Gaming 

Operation or Gaming Facility, provided that the definition of Gaming Resource Supplier does not include 

a purveyor of equipment or furniture that is not specifically designed for, and is distributed generally for 

use other than in connection with, Gaming Activities, if 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 Gambling Operation. 

3.25 "Incident" means an accident, event or omission involving any individual on the premises 

of the Gaming Facility which results in injury, damage to property, loss of revenue, any unusual interruption 

in the conduct of any Game, or a deviation from normal operating policies and procedures. 

3.26 "Indian Gaming Regulatory Act" or "IGRA" means Public Law 100- 497, 102 Stat. 

2426, 25 U.S.C. § 2701, et seq., as amended.

3.27 "Indian Lands" means all lands within the exterior boundaries of the reservation of the 

Tribe and any lands title to which is either held in trust by the United States for the benefit of the Tribe or 

individual or held by the Tribe or individual subject to restriction by the United States against alienation 

and over which the Tribe exercises governmental power. 

3.28 "Institutional Investor" means any:

(a) Bank as defined in Section 3(a)(6) of the Federal Securities Exchange Act;

(b) Banking, chartered, or licensed lending institution; 

(c) Insurance company as defined in Section 2(a)(17) of the Investment Company Act 

of 1940, as amended; 

(d) Chartered or licensed life insurance company or property and casualty insurance 

company; 

(e) Investment company registered under Section 8 of the Investment Company Act 

of 1940, as amended;

(f) Investment advisor registered under Section 203 of the Investment Advisors Act 

of 1940, as amended; 

(g) Collective trust funds as defined in Section 3(c)(11) of the Investment Company 

Act of 1940, as amended;

(h) Closed end investment trust; 
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(i) Employee benefit plan or pension fund that is subject to the Employee Retirement 

Income Security Act of 1974, as amended;

(j) A state or federal government pension plan; or 

(k) Such other Person that the Commission determines is an Institutional Investor;

that acquires voting or nonvoting units in the ordinary course of its investment business and holds those 

units for investment purposes only and not for the purpose of causing, directly or indirectly, the election of 

a majority of the board of directors or any change in the corporate charter, bylaws, management, policies, 

or operations of the business entity in which it holds those securities. 

3.29 "Key Employee" means 

(a) A person who performs one or more of the following functions: 

(1) Bingo caller;

(2) Counting room supervisor; 

(3) Managers or supervisors of security employees; 

(4) Custodian of Gaming supplies or cash;

(5) Floor manager; 

(6) Pit bosses;

(7) Dealer;

(8) Croupier; 

(9) Approver of credit; 

(10) Custodian of Gaming Devices, including individuals with access to cash 

and/or accounting records within such Gaming Devices; 

(b) If not otherwise included in Section 3.29(a), any other individual whose total cash 

compensation is in excess of fifty thousand dollars ($50,000) per year; or 

(c) If not otherwise included in Section 3.29(a),(b), the four most highly compensated 

employees of the Gaming Operation; or 

(d) Any other person designated by the Tribe as a Key Employee. 

3.30 "License" shall mean a Gaming License, Gaming Facility License, Financial Source 

License or Supplier License issued pursuant to the provisions of this Ordinance.

3.31 "Licensee" means any Person who has been issued a valid and current License.
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3.32 "Major Gaming Resource Supplier" means any Gaming Resource Supplier who provides 

in excess of $500,000.00 of equipment, goods, supplies or services to the Gaming Operation or Gaming 

Facility in any consecutive twelve-month period. 

3.33 "Management Agreement" means an NIGC approved contract between the Tribe and a 

Manager that provides for management of all or part of the Gaming Operation.

3.34 "Manager" means any Gaming Resource Supplier with whom the Tribe has entered into a 

Management Agreement.

3.35 "Net revenues" means gross Gaming revenues of the Gaming Operation less (a) amounts 

paid out as, or paid for, prizes, and (b) total Gaming-related operating expenses, including all those 

expenses of the Gaming Operation commonly known as operating expenses and non-operating expenses 

consistent with professional accounting pronouncements, excluding management fees. 

3.36 "NIGC" means the National Indian Gaming Commission.

3.37 "Non-Key Gaming Employee" means a Gaming Employee who is not a Key Employee.

3.38 "Ordinance" means this Second Amended & Restated Gaming Ordinance, as it may from 

time to time be amended.

3.39 "Patron" means any individual who participates as a player in Gaming Activity at the 

Gaming Facility.

3.40 "Person" means any person or entity, whether a natural person, trustee, corporation, 

general partnership, limited partnership, limited liability company, limited liability partnership, trust, estate, 

business association, Indian tribe (including the Tribe), commission, instrumentality, firm, joint venture, 

governmental authority, Affiliate of the Tribe, or otherwise.

3.41 "Primary Management Official" means:

(a) The individual(s) having management responsibility for a Management 

Agreement;

(b) Any individual who has authority to (i) hire and fire Key Employees, or (ii) to set 

operations policy for the Gaming Operation, including employment policies; 

(c) The chief financial officer or other individual who has financial management 

responsibility; or 

(d) Any other person designated by the Tribe as a Primary Management Official.

3.42 "Providers of Non-Gaming Services" means a Gaming Resource Supplier that does not 

provide Gaming Equipment or services directly related to Gaming Activities. Providers of Non-Gaming 

Services provide goods or services to the Gaming Facility including, but not limited to equipment, 

transportation, food, linens, janitorial supplies, and maintenance or security services.
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3.43 "Regulation" means a Gaming regulation adopted by the Commission in accordance with 

the terms of this Ordinance. 

3.44 "Related Person" means an officer, director, shareholder (if the shareholder directly holds 

more than 5% of the outstanding shares), manager, or member of the Manager or the Manager’s Affiliates.

3.45 "State" means the State of California.

3.46 "State Gaming Agency" means the entities authorized to investigate, approve, and 

regulate gaming licenses pursuant to the Gambling Control Act (Chapter 5, commencing with Section 

19800) of Division 8 of the California Business and Professions Code, and includes, but is not limited to, 

the California Gambling Control Commission. 

3.47 "Supplier License" means the permit granted by the Commission to a Gaming Resource 

Supplier. 

3.48 "Tribal" means of or pertaining to the Tribe. 

3.49 "Tribal Council" means the elected governing body of the Tribe exercising authority 

pursuant to Article 9, Section 2 of the Constitution of the Tribe. 

3.50 "Tribe" means the Jamul Indian Village of California. 

4. Tribal Council: Powers and Duties

4.1 Delegation of Duties. The Tribal Council delegates certain duties and responsibilities to 

the Commission under Section 5 of this Ordinance. 

4.2 Registered Agent. The Chairperson of the Tribe shall be the designated and registered 

agent to receive notice of violations, orders, or determinations that are issued pursuant to IGRA or the 

Compact. 

5. Jamul Gaming Commission 

5.1 Establishment and Purpose. There shall be a Commission whose purpose is to exercise the 

delegated authority and responsibilities enumerated in this Ordinance. The Commission shall be primarily 

responsible for carrying out the Tribe’s regulatory responsibilities under IGRA and this Ordinance. It is

the responsibility of the Commission to conduct on-site regulation of the Gaming Operation in order to 

enforce the terms of the Compact, IGRA and this Ordinance. 

5.2 Duration and Attributes. The Commission shall have perpetual existence and succession

in its own name, unless dissolved under Tribal law. The Tribe reserves unto itself the right to bring suit 

against any Person in its own right, on behalf of the Tribe, or on behalf of the Commission, whenever the 

Tribe considers it necessary to protect the sovereignty, rights, and interests of the Tribe or the Commission.

5.3 Sovereign Immunity of the Commission. As an instrumentality and authorized agency of 

the Tribe, the Commission shall enjoy all the privileges and immunities of the Tribe, including immunity 

from suit in any state, federal or tribal court. Nothing contained in this Ordinance shall be deemed or 

construed to be a waiver of the sovereign immunity of the Commission.
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5.4 Assets of the Commission. The Commission shall have only those assets specifically 

assigned to it by the Tribe or acquired in its name by the Tribe. No activity of the Commission shall 

implicate or involve assets of Tribal members or the Tribe that are not assigned to the Commission in 

writing. Nothing in this Ordinance or any activity of the Commission shall implicate or in any way involve 

the credit of the Tribe.

5.5 Number of Commissioners; Qualifications; Background Investigation. 

(a) Number of Commissioners. The Commission shall be comprised of three 

Commissioners, a Chairperson, a Vice-Chairperson, and one other Commissioner, each appointed by a 

majority vote of the Tribal Council. 

(b) Qualifications. To serve on the Commission, an individual:

(1) Must be an enrolled member of the Tribe;

(2) Must be at least 21 years of age; and 

(3) Must meet all other qualifications set forth in this Ordinance or in the 

bylaws of the Commission, including submission to drug screening prior to appointment. 

(c) The following individuals may not serve as Commissioners: 

(1) Gaming Personnel; 

(2) Individuals related to any Financial Source or Gaming Resource Supplier 

(including any principal thereof);

(3) Individuals that would not qualify for a tribal gaming license; and

(4) Members of the Tribal Council. 

(d) The Commissioner qualifications set forth in this Ordinance may be modified by 

the Tribal Council if a vacancy persists on the Commission for more than three months due to a lack of 

qualified applicants.

(e) The Commission qualifications set forth in this Ordinance may be waived on a 

case-by-case basis as deemed appropriate and necessary by the Tribal Council.

(f) The Commissioners shall be treated as employees of the Tribe for all purposes. 

5.6 Gaming Commission Background Investigation. All Commissioners shall submit to a 

background investigation conducted by the Tribal Council, or its designee. Members of the Commission 

may not participate in matters relating to their background investigation. All candidates shall disclose all 

current or possible conflicts of interest as part of such background investigation. No individual shall be 

eligible for appointment to, or continue services on, the Commission, if:
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(a) He or she has been convicted of, or entered a plea of guilty or nolo contendere to 

any of the following offenses and the conviction has not been pardoned by the Tribe or otherwise removed 

from the record by executive pardon or state court order: 

(1) A felony;

(2) Any offense involving fraud or misrepresentation;

(3) Any gaming related offense, including a violation of the provisions of any 

state gaming law made applicable to the Tribe pursuant to federal law or the Compact; or 

(b) He or she has been convicted of a crime involving theft, fraud, or conversion; or

(c) His or her prior activities, criminal record, or reputation, habits, or associations 

pose a threat to the public interest, threaten the effective operation of Gaming, or enhance the dangers of 

unsuitable, unfair, or illegal practices, methods, or activities in the conduct of Gaming; or

(d) He or she has a present interest in the conduct of any Gaming enterprise (other than 

in the Gaming Operation by virtue of his or her membership in the Tribe), or in any business which provides 

goods or services to the Gaming Facility or Gaming Operation, or he or she has any personal, business, or 

legal relationship which places him or her in a conflict of interest; or

(e) He or she fails to comply with the conditions of his or her appointment. 

5.7 Term of Office. The Commissioners serving upon the effective date of this Ordinance, 

shall continue to serve their respective terms on the Commission. At the expiration, or early termination, of 

an existing Commissioner's term, appointments of the Commissioners by the Tribal Council shall be for a 

period of four (4) years. The Commissioners may be reappointed for successive terms.

5.8 Bylaws. The Commission shall adopt bylaws approved by the Tribal Council consistent 

with Tribal law. 

5.9 Removal. Commissioners shall serve at the pleasure of the Tribal Council and may be 

removed from office before the expiration of their terms by a majority vote of the Tribal Council. 

5.10 Vacancies. If any Commissioner shall die, resign, be removed, or otherwise be unable to 

serve, the Tribal Council shall declare his or her position vacant and shall appoint a successor to fill the 

position. The term of office of any individual so appointed shall be for a term of four (4) years. 

5.11 Duties, Powers and Responsibilities. The Commission shall perform all duties, exercise 

all powers, promulgate all Regulations, assume and discharge all responsibilities and carry out and affect 

all purposes of this Ordinance relating to the regulation of the Gaming Operation. In all decisions, the 

Commission shall act to promote and ensure the integrity, security, honesty and fairness of the Gaming 

Operation and administration of all Gaming Activity. No Commissioner shall act independently of the 

Commission. Any such acts may be grounds for removal. Subject to any restrictions contained in this 

Ordinance or in any other applicable law, the Commission is authorized to exercise, by majority vote or by 

delegation to the Executive Director, the following responsibilities:
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(a) To draft and maintain internal Commission bylaws and operating procedures 

appropriate to implement the provisions of this Ordinance, including conflicts of interest, codes of conduct 

and operating procedures that identify the method by which the Commission will monitor and investigate 

compliance with applicable Gaming laws;

(b) To consult with and make recommendations to the Tribal Council regarding 

changes in Tribal Gaming laws and Regulations; 

(c) To correspond with the NIGC regarding compliance with the rules and regulations 

of that agency. The Commission shall coordinate with the Tribal Council regarding correspondence with 

the NIGC on any matter; 

(d) To ensure that all fees assessed by the NIGC are paid on a timely basis;

(e) To prepare proposals, including budgetary and monetary proposals, the purpose of 

which is to enable the Tribe to carry out the purpose and intent of this Ordinance, and to submit the same 

for consideration by the Tribal Council; provided, however, that no such proposal shall have any force or 

effect unless it is approved by the Tribal Council; 

(f) To enforce the requirements of this Ordinance and the Compact with respect to the 

Gaming Operation and Facility;

(g) To monitor and investigate the place of business, equipment, facilities, tangible 

personal property, and the books, records, papers, vouchers, accounts, documents, and financial statements 

of the Gaming Operation, including the inspection of Gaming Equipment and any premises where Gaming 

Equipment is distributed, provided that all monitoring and investigations must be conducted pursuant to 

policies and procedures adopted in conformance with Tribal law and that all monitoring and investigations 

are for the purpose of determining compliance with applicable Gaming laws;

(h) To draft and implement licensing procedures, including the establishment and 

imposition of licensing fees, for all Primary Management Officials, Key Employees, Gaming Employees, 

Financial Sources, and Gaming Resource Suppliers; 

(i) To approve or disapprove the Gaming License of any Applicant;

(j) To suspend or revoke any Gaming License;

(k) To develop procedures for the establishment and maintenance of a list of 

individuals banned from the Gaming Facility;

(l) To approve the rules, Regulations and procedures for each Game;

(m) To approve the Gaming Operation’s surveillance floor plan;

(n) To conduct administrative reviews pursuant to this Ordinance;

(o) To license Gaming Facilities pursuant to this Ordinance; 
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(p) To act as the designated agent to receive all regulatory notices, other than those 

notices addressed in Section 4.2 of this Ordinance; 

(q) To ensure that all Gaming Activity is conducted honestly and fairly; 

(r) To ensure that the Gaming Facility is constructed in a manner that adequately 

protects the environment and the public health and safety;

(s) To issue subpoenas and compel the attendance of witnesses for regulatory 

proceedings before the Commission;

(t) To administer oaths and to require testimony under oath before the Commission; 

(u) To impose fines, up to $5,000 for each violation of this Ordinance, with each day

that a violation continues being a separate violation and subject to a commensurate fine; 

(v) To seize any money received or obtained by a Patron in violation of this Ordinance 

pending a civil forfeiture of such seizure; and

(w) To take any and all actions necessary and incidental to the foregoing to ensure 

Gaming Activities within Tribal Lands are operated in accordance with all applicable laws, regulations, and 

the Compact. 

5.12 Meetings. Meetings of the Commission shall be held at least once each month and 

additionally as directed by the Chairperson of the Commission. Additional meetings shall be held if 

requested by the Chairperson or by at least two other Commissioners. Meetings may be called at any time, 

by any means, with unanimous consent of the Commissioners. 

5.13 Full-time or Part-time Exclusivity. The Commission shall identify the appropriate work 

schedule for its members and employees. Each Commissioner and the Executive Director shall perform 

his or her duties and responsibilities on a full-time or part-time basis, as determined by the Commission, 

and will not, during his or her tenure in office, be engaged in any other profession or business activity that 

may impede the Commissioner or Executive Director’s ability to perform duties on behalf of the 

Commission or that competes with the Tribe’s interests.

5.14 Reporting Requirements. The Commission shall adhere to the following reporting 

requirements:

(a) The Commission shall meet with the Tribal Council upon request, and no less than 

quarterly; 

(b) Minutes of all Commission meetings shall be filed with the Secretary of the Tribal 

Council within thirty (30) days of their approval; and

(c) Summary reports of all matters pertaining to the business of the Commission shall 

be provided to the Tribal Council on a monthly basis. 

5.15 Compensation and Annual Budget. The Tribal Council shall determine Commissioner 

compensation. Compensation shall be established by the Tribal Council in a manner consistent with the 
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Tribe’s internal rules and bylaws. At least ninety (90) days prior to the end of each fiscal year, the 

Commission shall prepare a budget for the next year’s operation and shall submit the budget to the Tribal 

Council. The Tribal Council shall review the operating budget of the Commission in the same fashion as 

all other Tribal budgets. In preparing the annual budget, all actual and anticipated surplus funds of the 

Commission shall be taken into account. The Tribal Council may adopt, amend or replace the annual 

budget. 

5.16 Gaming Commission Staff. Commission staff shall be supervised by the Executive 

Director. Any staff position, including the position of Executive Director, may only be held by an individual 

who meets the standards and qualifications set forth in Section 11.6. 

5.17 Ethics. 

(a) Commissioners and Commission staff shall not hold financial interests that conflict 

with the conscientious performance of their duties.

(b) Commissioners and Commission staff shall not engage in financial transactions 

using nonpublic information or allow the improper use of such information by others on their behalf to 

further any private interest. 

(c) Commissioners and Commission staff shall not solicit or accept any gift or other 

item of monetary value, including complimentary items or services, from any individual seeking official 

action or inaction from, doing business with, or conducting activities regulated by the Commission, or 

whose interests may be substantially affected by the Commission. This restriction does not apply to items 

of de minimis value or items or services available to all members of the Tribe or to all members of the 

Commission. 

(d) Commissioners and Commission staff shall not use their positions for private gain.

(e) Commissioners and Commission staff shall act impartially, in accordance with all 

relevant tribal, federal and state laws (where applicable), and shall not give preferential treatment to any 

private organization or individual, including to any individuals related to Commissioners or Commission 

staff.

(f) Commissioners and Commission staff shall not engage in outside employment 

(including seeking or negotiating for future employment) or any other activity that conflicts with their 

Commission duties and responsibilities.

(g) Commissioners and Commission staff shall disclose waste, fraud, abuse, and 

corruption to appropriate authorities. 

(h) Commissioners and Commission staff shall endeavor to avoid any actions creating 

the appearance that they are violating the law or the ethical standards listed in this Section 5.17.

(i) Commissioners and Commission staff shall fully comply with internal 

Commission bylaws governing conflicts of interest and codes of conduct.

(j) Commissioners shall disclose to the Tribal Council any conflicts of interest. The 

Executive Director shall disclose to the Commission any conflicts of interest. Commission staff members 
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shall disclose to the Executive Director any conflicts of interest. If there is a real or apparent conflict of 

interest related to any matter before the Commission, the Commissioner subject to the conflict of interest 

shall not take part in a decision related thereto.

6. Executive Director

6.1 Qualifications. The position of Executive Director of the Commission is hereby created. 

The Commission shall appoint the Executive Director, subject to confirmation of the appointment by the 

Tribal Council. 

(a) To serve as the Executive Director, an individual:

(1) Must be at least 21 years of age;

(2) Must have a minimum of five years in any combination of the following:

(A) Post-secondary education; 

(B) Gaming training;

(C) Gaming experience in one or more of the following areas:

(i) Gaming laws or regulations; 

(ii) Gaming operations; 

(iii) Gaming licensing;

(iv) Auditing; 

(v) Indian law; 

(vi) Administrative reviews;

(vii) Background investigations; 

(viii) Surveillance;

(ix) Law enforcement; or

(x) Business administration or business management; and 

(3) Must meet all other qualifications set forth in this Ordinance, including the 

standards and qualifications set forth in Section 11.6.

(b) The following individuals may not serve as the Executive Director:

(1) Gaming Personnel; 

(2) Individuals related to any Financial Source or Gaming Resource Supplier 

(including any principal thereof); 

(3) Individuals who would not qualify for a tribal gaming license;
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(4) Members of the Commission or the Tribal Council; and

(5) Individuals holding any other elected office within the Tribal government.

(c) The Executive Director qualifications set forth in this Ordinance may be modified 

by the Tribal Council if a vacancy persists for more than three months due to a lack of qualified applicants.

(d) The Executive Director shall devote his or her entire time and attention to the duties 

imposed under this Ordinance and the business of the Commission and shall not pursue any other business 

or occupation unless approved by the Commission. 

(e) The Executive Director shall not have any pecuniary interest in any business or 

company holding a License under this Ordinance. 

6.2 Authority of Executive Director. 

(a) The Executive Director shall furnish to the Commission such services that the 

Commission delegates to the Executive Director to carry out the Commission’s functions; 

(b) The Executive Director shall have authority to hire such professional, clerical, 

technical and administrative personnel as may be necessary;

(c) The Executive Director may:

(1) Carry out all responsibilities delegated by the Commission; 

(2) Negotiate and execute any and all contracts for the purchase of goods and 

services as directed by the Commission. Such purchases shall be in accordance with the procurement 

policies and procedures of the Tribe;

(3) Hire such staff as appropriate, consistent with the Commission budget; and

(4) Perform all other duties as delegated by the Commission.

7. Gaming Personnel

7.1 Age. All Gaming Personnel positions shall be filled by individuals who are at least 18

years of age.

7.2 Compact and Employment Laws. All Gaming Personnel are subject to the Compact and 

all employment laws and requirements that are otherwise applicable to employees of the Gaming Facility 

or Gaming Operation. 

8. Files and Records to be Maintained by the Commission; Confidentiality of Information

8.1 Confidentiality of Documents. The Commission shall ensure that all records and 

information obtained pursuant to the exercise of its authority and responsibilities shall remain confidential 

and shall not be disclosed to individuals who are not directly involved in the regulation and oversight of the 

Gaming Operation. The Commission shall maintain a file of all Applications and supporting materials 
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submitted pursuant to this Ordinance, together with a record of all actions taken with respect to those 

Applications. 

8.2 Scope of Confidentiality. The identity of each Applicant, and the following information 

(collectively, "Application Information") shall be treated as confidential, all information and data: 

(a) Included within any Application for a License and any supporting materials, 

including the information requested pursuant to Section 11.4(b); 

(b) Required by the Commission to be furnished to it under this Ordinance or which 

may otherwise be obtained relative to the finances, earnings or revenue of any Applicant or Licensee;

(c) Pertaining to an Applicant’s criminal record, antecedents or background which 

have been furnished to or obtained by the Commission from any source; and 

(d) Provided to the members of the Commission or its employees by a governmental 

agency or a person interviewed in the course of the background investigation (including the identity of any 

person interviewed), or on the assurances that the information will be held in confidence and treated as 

confidential. 

8.3 Record Retention. The Commission shall retain all Application Information, investigative 

reports, and eligibility determinationsfor applications for a Primary Management Official or Key Employee 

for a period of not less than three (3) years from the date of either the termination of employment of the 

Applicant, or should the Applicant never be employed with the Gaming Operation, the date the Application 

for licensure was received by the Commission. 

9. Gaming Surveillance 

9.1 Purpose. The purpose of surveillance systems is to safeguard the Gaming Operation’s 

assets, to deter and detect criminal acts and regulatory violations, and to maintain public confidence and 

trust that Gaming at the Gaming Operation is conducted honestly and free of criminal elements and activity. 

9.2 Requirements. The Gaming Operation shall ensure proper surveillance of the Gaming 

Operation, which shall include a closed-circuit television surveillance system consistent with industry 

standards for gaming facilities of the type and scale operated by the Tribe, which system shall be approved 

by, and may not be modified without the approval of, the Commission. Surveillance personnel shall be 

overseen by the Commission.

9.3 Responsibilities. The Commission shall be responsible for all Gaming surveillance 

activities including, but not limited to: 

(a) Purchase and maintenance of surveillance equipment; 

(b) Development, implementation, and maintenance of written policies and 

procedures for the conduct and integrity of the surveillance department, subject to approval of the 

Commission; 
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(c) Development, implementation, and maintenance of additional procedures 

governing the use and release of the surveillance recordings or reports, subject to approval of the 

Commission; and 

(d) Maintenance of the Gaming Facility surveillance floor plan required pursuant to 

the Compact, subject to approval of the Commission. The surveillance floor plan will address Commission 

access to the surveillance system, which may include dedicated access, at the Commission’s discretion.

9.4 Surveillance Records. Surveillance personnel shall provide to the Commission a copy of 

any time-recorded video and accompanying audio (if available) as soon as reasonably practicable after 

request, and in no event later than twenty-four hours of such request. Surveillance personnel shall retain 

video recordings for such period of time as directed by the Commission. 

10. Gaming Security

10.1 Purpose. The purpose of Gaming security is to assist in safeguarding the Gaming 

Operation’s assets and to protect the Gaming Personnel and Patrons by deterring and detecting criminal 

acts and regulatory violations. 

10.2 Investigations. Gaming security personnel shall be responsible for conducting all 

investigations and reports of incidents at the Gaming Facility consistent with the Compact and all applicable 

Tribal law.

10.3 Reports. Gaming security personnel shall provide to the Gaming Operation and the 

Commission a complete copy of all Incident reports. The procedure for recording of all Incidents shall be 

consistent with the requirements of the Compact.

10.4 Responsibilities. Gaming security personnel are responsible for the:

(a) Development, implementation, and maintenance of written policies and 

procedures for the conduct and integrity of Gaming security, subject to approval of the Commission; and

(b) Development, implementation, and maintenance of additional procedures 

governing the use and release of Incident reports, subject to approval of the Commission. 

11. Licensing of Primary Management Officials, Key Employees and Gaming Employees

11.1 Summary of Licensing Principles. All persons in any way connected with the Gaming 

Operation or Facility who are required to be licensed or to submit to a background investigation under 

IGRA and the Compact, including, but not limited to, all Gaming Employees and Gaming Resource 

Suppliers, and any other person having a significant influence over the Gaming Operation must be licensed 

by the Commission.

11.2 Licenses. The Commission shall issue Licenses for all Persons for which a License is 

required under IGRA and the Compact, including: 

(a) Class II and Class III Gaming Facilities;

(b) Key Employees; 
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(c) Primary Management Officials;

(d) Gaming Employees;

(e) Financial Sources; and

(f) Gaming Resource Suppliers.

11.3 Current and Valid Gaming License Required. All Primary Management Officials and Key 

Employees employed by the Gaming Operation must possess a valid Gaming License or have an 

Application for a Gaming License pending.

11.4 Application Procedure for Gaming License. Every individual seeking employment as a 

Primary Management Official or as a Key Employee shall submit a Gaming License Application and 

additional supplemental information to the Commission on such forms or in such manner as the 

Commission may require. 

(a) The following notices, as the same may be amended from time to time, shall be 

placed on the Application before it is filled out by an Applicant: 

"In compliance with the Privacy Act of 1974, the following information is provided: 

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

purpose of the requested information is to determine the eligibility of individuals to be 

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

authorities and by the National Indian Gaming Commission members and staff who have 

need for the information in the performance of their official duties. The information may 

be disclosed by the Tribe or the NIGC to appropriate Federal, Tribal, State, local or foreign 

law enforcement and regulatory agencies when relevant to civil, criminal or regulatory 

investigations or prosecutions or when pursuant to a requirement by a tribe or the NIGC in 

connection with the issuance, denial, or revocation of a gaming license, or investigations 

of activities while associated with a tribe or a gaming operation. Failure to consent to the 

disclosures indicated in this notice will result in a tribe 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)." 

(b) At a minimum, Applications for Primary Management Official and Key Employee 

shall contain the following information: 

(1) The Applicant’s full name, including all other names used (oral or written), 

current home and business addresses and telephone numbers, gender, Social Security Number, place of 

birth, date of birth, citizenship, any driver's license numbers and any other valid government issued 

identification held within the past five years, and the business and residential addresses over the past five 

years; 
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(2) The position for which the Applicant is applying; 

(3) The names, current addresses, and telephone numbers of three references 

who are not related to the Applicant and who were acquainted with the Applicant when the Applicant 

resided at each of the addresses listed under paragraph (b)(1) above; 

(4) A list of the Applicant’s current and previous business and employment 

positions held over the preceding five years, including the names, addresses, and telephone numbers of his 

or her employers, and the positions held; 

(5) The names and addresses and a brief description of all businesses in which 

the Applicant currently holds, or has within the last five years held, an ownership or financial interest; 

(6) A description of any existing and any previous employment relationship 

with the Tribe or any other Indian tribe, including the position held, the name of the tribe, and the name and 

address of an individual who can attest to the accuracy of the information provided; 

(7) A description of any current or past non-employee business relationship 

which the Applicant has had with the Tribe or any other Indian tribe, including the ownership interests in 

those businesses, and the name of the tribe and the name and address of an individual who can attest to the 

accuracy of the information provided; 

(8) A statement as to whether the Applicant has had any existing or previous 

employment with, or ownership interest in, any gaming-related business. If so, the Applicant shall provide 

a written statement describing his or her position, the dates during which the position was held, a description 

of the Applicant’s ownership interest (when applicable), job responsibilities, the name, address, and 

telephone number of the business, and the name and address of an individual who can attest to the accuracy 

of the information provided; 

(9) A list of all gaming-related licenses or permits for which the Applicant has 

filed an application, whether or not those licenses were granted, and the name, address and telephone 

number of the licensing or regulatory agencies with which such applications were filed; 

(10) A list of all professional, business, or occupational licenses or permits for 

which the Applicant has filed an application, whether or not those licenses or permits were granted, and the 

name, address and telephone number of the regulatory agency with which such applications were filed; 

(11) A list of all languages that the Applicant can write or speak; 

(12) Written permission giving the Commission the right to investigate the 

Applicant’s background, including his or her criminal record, civil and criminal judgments, and credit 

history; 

(13) A complete disclosure of any pending civil or criminal action (including 

any misdemeanor) against the Applicant, including, to the extent applicable, the name and address of the 

police department and court involved, the charge, and the date of disposition, if any; 
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(14) A statement as to whether or not the Applicant has ever been charged with 

a crime (including any misdemeanor), and if so, the charge, the name and address of the court involved, the 

final disposition of the case, and the date of final disposition; 

(15) A disclosure of any civil or criminal judgments rendered against the 

Applicant, including the case number, a description of the judgment, the date of disposition, and the name 

and address of the court involved; 

(16) Any other information, as determined by the Commission, that might bring 

into question the Applicant’s fitness to be employed within a Gaming Facility; 

(c) Each Application shall include an affirmative consent of the Applicant to the 

jurisdiction of the Commission for purposes of processing the Application; 

(d) Each Application shall be accompanied by a sworn statement that the Applicant 

will abide by all applicable Tribal and federal laws, Regulations and policies; 

(e) Each Application shall be accompanied by a written statement that the Applicant 

has read, understands and approves of notices and NIGC requirements related to:

(1) The Privacy Act of 1974; 

(2) False statements; and

(3) Credit reporting; and 

(f) Each Application shall be accompanied by a photograph of the Applicant. All 

Applicants for a Primary Management Official license or Key Employee License are required to submit 

fingerprint cards. The Commission is hereby identified as the law enforcement agency responsible for 

taking fingerprints. Following receipt of an Applicant’s fingerprint cards, the Commission will forward an 

Applicant’s fingerprint cards to the NIGC for a criminal history check through the Federal Bureau of

Investigation National Crime Information Center. 

11.5 Non-Key Gaming Employee Licensing. Non-Key Gaming Employees must be licensed 

by the Commission. Non-Key Gaming Employee Applicants will submit an Application for a Non-Key 

Gaming Employee license to the Commission on such a form or in such manner as the Commission may 

require. The Application for a Non-Key Gaming Employee License shall contain all information necessary 

for the Commission to investigate the Non-Key Gaming Employee’s background, including his or her 

criminal record, civil and criminal judgments, and credit history, but shall not require all of the information 

detailed in Section 11.4 for Primary Management Officials and Key Employees. If the Commission 

determines that the Applicant is suitable for licensure based on the Commission’s review of the Application 

and the results of the criminal history check, the Commission will license the Non-Key Gaming Employee. 

Non-Key Gaming Employees are not required to undergo the complete investigation procedures set forth 

in Section 11.8 of this Ordinance. 

11.6 Qualifications. The Commission shall conduct a criminal history check on all Applicants.

(a) Eligibility for Licensure. The Commission shall review an Applicant’s prior 

activities, criminal record, if any, and reputation, habits and associations to make a determination, pursuant 
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to this Ordinance, concerning the suitability for licensure of Applicants. No license shall be issued to an 

Applicant if it is determined that employment of an Applicant would pose a threat to the public interest or 

to the effective regulation of Gaming, or creates or enhances dangers of unsuitable, unfair, or illegal 

practices and methods and activities in the conduct of Gaming. 

(b) No individual shall be licensed as a Primary Management Official, Key Employee 

or Gaming Employee if: 

(1) He or she has been convicted of, or entered a plea of guilty or nolo 

contendere to any of the following offenses and the conviction has not been pardoned by the Tribe or 

otherwise removed from the record by executive pardon or state court order: 

(A) A felony;

(B) Any offense involving fraud or misrepresentation; or

(C) Any Gaming related offense; 

(2) His or her prior activities, criminal record, if any, and reputation, habits, 

and associations pose a threat to the public interest, threaten the effective operation and regulation of 

Gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities

in the conduct of Gaming; 

(3) The credit history of the Applicant is deemed unacceptable or warrants 

further investigation because it contains a finding of excessive past due unsecured credit accounts, as 

determined by the Commission pursuant to a policy or regulation approved by the Tribal Council. Such 

policy or regulation shall set forth the standards for evaluating whether or not an individual's past due 

unsecured credit accounts are excessive for purposes of this subsection (3); 

(4) He or she is not an individual of good character, honesty or integrity; or

(5) His or her application to the State Gaming Agency for licensure or a 

determination of suitability, or for a renewal of such a licensure or determination, has been denied. 

(c) Each Person who has a License shall have a continuing obligation to inform the 

Commission immediately upon the occurrence of any circumstance or event which may disqualify the 

Person from obtaining or retaining a License. Failure to report any such occurrence may result in 

suspension or revocation of the Application or License and immediate termination from employment.

11.7 Temporary Licensure. The Commission shall develop standards and procedures for the 

temporary licensure of Applicants who have filed an Application for a License. An Applicant who has 

submitted an Application as a Primary Management Official or Key Employee may be given a temporary 

License for a period of ninety (90) days, all other Gaming Employees may be issued a temporary license 

for a period of up to a year. No Primary Management Employee or Key Employee shall continue to be 

employed if that Primary Management Employee or Key Employee does not have a license within ninety

(90) days from the start of employment with the Gaming Operation. 

11.8 Investigation. When an individual submits an Application for a Primary Management 

Official or a Key Employee License, the Commission shall:
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(a) Conduct a background investigation of the Applicant and create and maintain an 

investigative report as to findings and conclusions of the foregoing background investigation, including, 

but not limited to:

(1) Steps taken in conducting the background investigation; 

(2) The results obtained from the background investigation;

(3) The conclusions reached as a result of the background investigation; and

(4) The basis for those conclusions. 

Based upon the results of the background investigation and the written investigative report, 

the Commission shall determine the eligibility of the Applicant to receive a Gaming License.

(b) Upon completion of the background investigation and a determination of eligibility 

for a Gaming License, the Commission shall forward the Applicant’s completed Application materials and 

an investigative report with a determination as to whether the Commission intends to license the Applicant 

to the NIGC (to the extent required by 25 CFR Part 556) and the State Gaming Agency (to the extent 

required by the Compact) no later than sixty (60) days after the Applicant begins work as a Key Employee 

or Primary Management Official (the "Notice of Results"). The Notice of Results shall contain:

(1) Applicant’s name, date of birth, and social security number; 

(2) Date on which Applicant began or will begin work as a Key Employee or 

Primary Management Official;

(3) A summary of the information presented in the investigative report, which 

shall at a minimum include a listing of: (i) license applications filed by Applicant that have previously been 

denied; (ii) gaming licenses held by Applicant that have been revoked, even if subsequently reinstated; 

(iii) every known criminal charge brought against the Applicant within the last ten (10) years of the date of 

the Application; and (iv) every felony of which the Applicant has been convicted or any ongoing 

prosecution of Applicant for a felony; and 

(4) A copy of the eligibility determination made under 25 CFR § 556.5. 

(c) For a thirty-day period, beginning when the NIGC receives a report submitted 

pursuant to Section 11.8(b) above, the Chairperson of the NIGC may request additional information from 

the Commission concerning the individual who is the subject of a report. Such a request shall suspend the 

thirty-day period until the Chairperson receives the additional information.

(d) If, within the thirty-day period described in Section 11.8(c) above, the NIGC

provides the Commission with a statement itemizing objections to the issuance of a License, the 

Commission shall reconsider the Application, taking into account the objections itemized by the NIGC. 

The Commission shall make the final decision whether to issue a License to the Applicant.

(e) In the event that the Commission does not license an Applicant, the Commission 

shall notify the NIGC and forward copies of the Commission’s eligibility determination and Notice of 

Results to the NIGC for inclusion in the Indian Gaming Individual Record System. 
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(f) Within thirty (30) days after the issuance of a permanent License to a Primary 

Management Official or to a Key Employee, the Commission shall notify the NIGC of its issuance.

11.9 License Issuance; Renewals. Any Gaming License issued pursuant to the requirements of 

this Section 11 shall be effective from the date of issuance and shall state on its face the name of the Gaming 

Employee, and the date that the Gaming License became effective. In no event shall a permanent License 

be issued to a Primary Management Official or to a Key Employee until the Notice of Results have been 

submitted to the NIGC. Such a Gaming License shall be effective for two years from the date of issuance 

and shall be renewed every two years thereafter. For a renewal of a Gaming License, Applicants shall 

provide to the Commission updated materials and information, as requested by the Commission. 

11.10 Badge. Any individual who holds a Gaming License issued pursuant to this Ordinance 

must wear in plain view at all times while in the Gaming Facility an identification badge issued by the 

Commission. The badge must display, at a minimum, a photograph of the individual and an identification 

number that is adequate to enable the Commission to readily identify the individual and determine the 

validity and date of expiration of his or her Gaming License. 

11.11 Temporary Suspension of an Individual’s License. Temporary suspension of an 

individual’s License is appropriate when the individual’s continued presence in the Gaming Facility or 

Gaming Operation poses a direct and immediate threat to the general public or to the safety, health and 

welfare of the Tribe.

(a) Grounds for Temporary Suspension. The Commission may suspend the License 

of any individual for not more than thirty (30) days if the Commission has good and reliable cause to 

believe:

(1) That any of the grounds for suspension or revocation listed in Section 

11.12(a) have occurred; and 

(2) That the individual’s continued presence in the Gaming Facility or 

Gaming Operation a direct and immediate threat to the general public or to the safety, health and welfare 

of the Tribe.

(b) Procedure for Temporary Suspension. The Commission may issue a notice of 

temporary suspension of a License if the Commission has cause to believe that any of the reasons in Section 

11.11(a)(1) or Section 11.11(a)(2) above apply to the individual. The Commission shall provide written 

notice to the individual that states with specificity the grounds upon which it is based, including citations 

to the relevant provisions of this Ordinance, and the individual’s right to administrative review. The 

individual has the right to file a request for review with the Commission within five (5) calendar days of 

receipt of the notice of temporary suspension. The Commission shall hold an administrative review on the 

notice of temporary suspension within fourteen (14) calendar days of its receipt of the notice of request for 

review. At the administrative review, the individual shall have an opportunity to present documentation 

and any other information as to the License should not be temporarily suspended. After such administrative 

review, and in no event later than thirty (30) days from the issuance of the notice of temporary suspension, 

the Commission shall issue a final decision regarding the temporary suspension. Any final decision of the 

Commission to condition, grant, deny, suspend or revoke a License may be appealed pursuant to Section 

16.4 of this Ordinance, as applicable. 

11.12 Suspension or Revocation of License. 
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(a) Grounds for Suspension or Revocation. The Commission may suspend or revoke 

any License it has issued for any of the following reasons if such reasons are material: 

(1) The Licensee has willfully withheld pertinent information or has made 

false statements on an Application; 

(2) The Licensee has willfully promoted, played, or participated in any 

Gaming Activity operated in violation of Tribal, state or federal law, or has violated any provision of this 

Ordinance; 

(3) The Licensee has improperly offered something of value to a 

Commissioner or any other individual in an attempt to avoid or circumvent any applicable law;

(4) The Licensee has willfully been involved in the falsification of books or 

records which relate to the operation of Gaming Activity;

(5) The Licensee has been convicted of, or has entered a plea of guilty or nolo 

contendere to, any crime involving gaming, fraud, theft, embezzlement or other activity which, if it had 

been perpetrated at his or her place of employment, would injure or pose a threat to the public interest, the 

integrity of the Gaming Activity, or the effective operation of Gaming, or would enhance the dangers of 

unfair, unsuitable, or illegal gaming practices;

(6) The Licensee has willfully refused to comply with any lawful directive of 

the Tribe, the federal government, or any court of competent jurisdiction; 

(7) The Licensee has been determined to have present or prior activities, 

criminal record, or reputation, habits or associations which pose a threat to the public interest or to the 

effective operation of Gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices or 

methods or activities in the conduct of Gaming;

(8) The Licensee no longer meets the explicit License qualifications set forth

in this Ordinance; or 

(9) The Commission receives information from the State Gaming Agency that 

the Licensee is unsuitable for a License.

It is the intent of the Tribe when adopting this Ordinance that the Commission shall consider the gravity of 

an offense and whether such offense occurred on multiple occasions or was an isolated instance, when 

considering whether it is appropriate to suspend or revoke a License under this Ordinance.

(b) Procedure for Suspension or Revocation. Whenever the Commission shall have 

cause to believe that any of the reasons under Section 11.12(a) apply to any Person who holds a License 

issued by the Commission, the Commission shall serve upon the Person an order to show cause why the 

License should not be suspended or revoked. The order to show cause shall state with specificity the 

grounds upon which it is based, including citations to the relevant sections of this Ordinance, the time and 

place for the administrative review, and notice that the Person shall have the opportunity to present 

documentation and any other relevant information. The administrative review shall be set for not less than 

ten (10) days or more than thirty (30) days from the date of the order to show cause. Subject to Section 

11.12(c), and the Commission's authority to temporarily suspend a license pursuant to Section 11.11, no 
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License will be suspended or revoked until the administrative review by the Commission is concluded and 

a final written decision is rendered by the Commission. 

(c) Suspension Due to Notice of Information from NIGC. Notwithstanding anything 

else herein to the contrary, if, after the issuance of a permanent License, the NIGC notifies the Commission 

that a Key Employee or Primary Management Official is not eligible for employment pursuant to 25 CFR 

§ 556.5 (the "NIGC Notification"), the Commission shall immediately suspend the License and shall 

provide the Licensee with written notice of suspension and the reasons for the proposed revocation. The 

Commission shall notify the Licensee of the time and place for a revocation hearing on the proposed 

revocation of the License. After a revocation hearing is conducted by the Commission, the Commission 

shall decide whether to revoke or to reinstate the License. The Commission shall notify the NIGC of its 

decision within forty-five (45) days from the date of receipt of the NIGC Notification.

11.13 Record of Proceedings. The Commission shall maintain a complete and accurate record of 

all proceedings relating to the issuance, denial, temporary suspension, suspension, revocation of all

Licenses and of the imposition of any fines on a Licensee or imposition of a condition on a License. Records 

pertaining to the issuance, denial, temporary suspension, suspension, revocation of a License and of the 

imposition of any fines on a Licensee or imposition of a condition on a License shall be confidential and 

be handled in compliance with Section 8. 

12. Gaming Facility License

12.1 Compliance with Applicable Standards. The construction and maintenance of any Gaming 

Facility, and the operation of Gaming Activities, shall be conducted in a manner that adequately protects 

the environment and the public health and safety, and shall comply with requirements of the Compact and 

all other applicable health, safety, and environmental standards. 

12.2 Licensing Requirement. The Commission is responsible for issuing a separate license to 

each Gaming Facility located on the Indian Lands that meets the requirements of Section 12.3, and after 

receiving information regarding the following:

(a) The Gaming Facility meets all applicable health and safety standards.

(1) To show compliance with applicable health and safety standards, the 

Gaming Operation shall submit certified copies of Compliance Certificates.

(2) If health and safety standards are not met, proof must be submitted by the 

Gaming Operation of the process of improvements that will place the Gaming Facility in compliance with 

the applicable standards. 

(b) The Commission shall forward all Compliance Certificates to the State Gaming 

Agency within ten (10) days of issuance.

12.3 Threshold Licensing Criteria. The Commission may only issue a Gaming Facility license 

if:

(a) The Gaming Facility is located on Indian Lands: 
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(b) The Gaming Activity to be conducted at the Gaming Facility is Class II or Class 

III Gaming as defined by this Ordinance and IGRA; and 

(c) The Gaming Facility is authorized by a resolution of the Tribal Council. 

12.4 Display of Gaming License. A current valid Gaming Facility License shall be prominently 

displayed at each Gaming Facility.

12.5 License Duration. A Gaming Facility License shall be issued for a period of two years, 

and shall be reviewed and renewed, if appropriate, every two years thereafter.

12.6 Submission of License to NIGC and State Gaming Agency . The Commission shall submit 

to the NIGC and the State Gaming Agency a copy of each Gaming Facility License. 

12.7 Notice of Illegal Gaming Activity. If the Commission finds that the Gaming Facility is 

operating in violation of this Ordinance, or otherwise presents a threat to the public, the Commission shall 

immediately notify the Tribal Council. 

13. Financial Source License

13.1 Licensing Requirements. Financial Sources shall be licensed by the Commission, unless 

such Financial Source is exempt pursuant to this Ordinance or the Compact, or such licensure requirement 

is waived as authorized by the Compact.

13.2 Exemptions. The following Persons do not need to file Applications for a Financial Source 

License:

(a) A licensed Gaming Resource Supplier who provides financing exclusively in 

connection with the sale or lease of Gaming Resources obtained from that supplier shall not be required to 

obtain a separate Financial Source license; 

(b) A federally-regulated or state-regulated bank, savings and loan association, or 

other federally- or state-regulated lender and any fund or other investment vehicle which is administered or 

managed by any such entity; 

(c) Any entity described in the California Gambling Control Commission’s Uniform 

Tribal Gaming Regulation CGCC-2, subdivision (f) (as in effect on the date the Compact was fully 

executed), when that entity is a Financial Source solely by reason of being (i) a purchaser or a holder of 

debt securities or other forms of indebtedness issued directly or indirectly by the Tribe for a Gaming Facility 

or for the Gaming Operation or (ii) the owner of a participation interest in any amount of indebtedness for 

which a Financial Source described in Section 13.2(b), or any fund or other investment vehicle which is 

administered or managed by any such Financial Source, is the creditor; 

(d) Any investor who, alone or in conjunction with others, holds less than 10% of any 

outstanding indebtedness evidenced by Bonds issued by the Tribe; 

(e) An agency of the federal, the State, the Tribe, or local government providing 

financing, together with any person purchasing any debt securities or other forms of indebtedness of the 

agency to provide such financing; 
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(f) A real estate investment trust, as defined in 26 U.S.C. § 856(a), that is publicly 

traded on a stock exchange, registered with the Securities and Exchange Commission, and subject to 

regulatory oversight of the Securities and Exchange Commission; 

(g) Non-Funding Term Lenders and Non-Funding Participants as described in the 

Dispute Resolution Agreement Regarding Section 6.4.6 of the 1999 Tribal-State Gaming Compact Between 

the Jamul Indian Village and the State of California; and 

(h) An entity or category of entities that the State Gaming Agency and the Commission

jointly determine can be excluded from the licensing requirements of this section without posing a threat to 

the public interest or the integrity of the Gaming Operation. 

13.3 Registration for Holders of Tribal Bonds. Pursuant to the State Gaming Agency Uniform 

Tribal Gaming Regulations, including CGCC-1, CGCC-2, any of the following entities that is an actual or 

prospective holder of any Bond issued by the Tribe may register with the Commission on comparable forms 

utilized by the State Gaming Agency:

(a) Any federal-regulated or state-regulated bank or savings association or other 

federal- or state-regulated lending institution;

(b) Any company that is organized as an insurance company, the primary and 

predominant business activity of which is the writing of insurance or the reinsuring of risks underwritten 

by insurance companies, and that is subject to supervision by the Insurance Commissioner of California, or 

a similar official or agency of another state;

(c) Any investment company registered under the federal Investment Company Act of 

1940 (15 U.S.C. § 80a-l et seq.);

(d) Any retirement plan established and maintained by the United States, an agency or 

instrumentality thereof, or by a state, its political subdivisions, or any agency or instrumentality of a state 

or its political subdivisions, for the benefit of its employees; 

(e) Any employee benefit plan within the meaning of Title 1 of the federal Employee 

Retirement Income Security Act of 1974 (29 U.S.C. § 1001 et seq.); 

(f) Any securities dealer registered pursuant to the federal Securities Exchange Act of 

1934 (15 U.S.C. § 78a et seq.); and

(g) Any entity, all of the equity owners of which individually meet the criteria of this 

subsection 13.3. 

Registration and renewal of registration under this Section 13.3 shall constitute a finding of suitability in 

compliance with the Compact.

13.4 Submission of License to State Gaming Agency . The Commission shall submit to the 

State Gaming Agency a copy of each Financial Source License.
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13.5 Application Form and Procedures. The Commission shall adopt Financial Source 

Application forms to license Financial Sources. At a minimum, the Financial Source Application form 

shall contain the following information:

(a) The name of the Applicant, including any trade name to be used and the 

Applicant’s principal place of business; 

(b) Whether the Applicant is a corporation, limited liability company, limited 

partnership or privately-held business entity, including the state in which the Applicant is organized and a 

general description of the nature of the Applicant’s principal business; 

(c) The name, telephone number and mailing address for the contact person 

responsible for the Applicant’s accounts payable and billing information; 

(d) The tax reporting status of the Applicant; 

(e) A list of all Persons that directly hold more than 10% of the ownership interests of 

the Applicant; 

(f) A list of the Applicant’s officers and directors; 

(g) If a publicly-traded company, the Applicant’s ticker symbol and a list of all

exchanges on which the Applicant’s shares are traded; 

(h) A list of any state or federal government agencies by which the Applicant is 

regulated; and

(i) A list of any gaming licenses held by the Applicant.

An Applicant for a Financial Source License will be required to provide evidence that the Applicant is 

eligible for licensure as a Financial Source (if applicable), and a statement committing the Applicant to 

notify the Commission and the State Gaming Agency promptly of any termination of the Applicant’s 

eligibility as a Financial Source.

13.6 Financial Source Application Forms and Procedures - Individual. The Financial Source 

Application form for individuals shall contain the following information: 

(a) The Applicant’s full name, including all other names used (oral or written), current 

home and work addresses and telephone numbers, gender, Social Security Number, place of birth, date of 

birth, citizenship, marital information, educational and military background and driver’s license number(s) 

and the addresses of his or her residences over the past five years; 

(b) The names, current addresses, and telephone numbers of three references who are 

not related to the Applicant and who were acquainted with the Applicant when the Applicant resided at 

each of the addresses listed under paragraph (a) above; 

(c) A list of the Applicant’s current and previous jobs over the preceding five years, 

including the names, addresses, and telephone numbers of his or her employers, and the positions held; 
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(d) A statement as to whether the Applicant has had any past employment with, or 

ownership interest in, any gaming-related business. If so, the Applicant shall provide a written statement 

describing his or her position, the dates during which the position was held, a description of the Applicant’s 

ownership interest (when applicable), job responsibilities, the name, address, and telephone number of the 

business, and the name and address of an individual who can attest to the accuracy of the information 

provided; 

(e) A list of all gaming-related licenses for which the Applicant has applied, whether 

or not those licenses were granted, whether any disciplinary actions (including fines or temporary 

suspensions) were taken with respect to such Gaming-related licenses, and the name, address and telephone 

number of the regulatory agencies involved; 

(f) A list of all professional and business licenses for which the Applicant has applied, 

whether or not those licenses were granted, and the name, address and telephone number of the regulatory 

agency involved; 

(g) A complete disclosure of any pending civil or criminal action against the 

Applicant, including the name, and address of the police department and court involved; 

(h) A statement as to whether or not the Applicant has ever been charged with a crime 

and if so, the charge, the name and address of the court involved, the final disposition of the case, and the 

date of final disposition; and

(i) A disclosure of any civil or criminal judgments rendered against the Applicant, 

including the case number, a description of the judgment, and the name and address of the court involved. 

13.7 Duration; Renewal Process. A Financial Source License shall be issued for a period of two 

years, and shall be renewed every two years thereafter. Applicants for a renewal of a Financial Source 

License shall provide to the Commission updated materials, as requested, on the appropriate renewal 

Applications. Applicants for a renewal shall not be required to resubmit historical data already available to 

the Commission. Additional background investigations shall not be required of Applicants for a renewal 

unless the Commission determines, based upon the disclosure or discovery of new information, that there 

is a need for further information concerning the Applicant’s continuing eligibility for a License.

14. Gaming Resource Supplier License

14.1 Licensing Requirements. Any Gaming Resource Supplier who provides, has provided, or 

has an agreement to provide at least $25,000 in Gaming Resources in any twelve month period, or who has 

received as compensation for providing Gaming Resources to the Gaming Facility or Gaming Operation 

valued at $25,000 or more in any consecutive twelve month period within the twenty-four month period 

immediately preceding application, shall be licensed by the Commission prior to the sale, lease, or 

distribution of any such Gaming Resources to the Gaming Facility or Gaming Operation. 

14.1 Exemptions. The Commission may exclude Providers of Non-Gaming Services from the 

Supplier License requirement (a) if the Providers of Non-Gaming Services provide services or purvey 

equipment or furniture that is not specifically designed for, and is distributed generally for use other than 

in connection with, Gaming Activities, (b) if the Provider of Non-Gaming Services does not additionally 

provide Gaming Equipment to the Gaming Facility or Gaming Operation, (c) if the compensation received 

by the Provider of Non-Gaming Services is not grossly disproportionate to the value of the goods or services 
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provided, and (d) if the Provider of Non-Gaming Services is not otherwise a Person who exercises a 

significant influence over the Gaming Operation. The Commission may adopt separate Application forms 

and procedures to license or otherwise register Providers of Non-Gaming Services than those used by 

Gaming Resource Suppliers.

14.2 Submission of License to State Gaming Agency. The Commission shall submit to the State 

Gaming Agency a copy of each Supplier License.

14.3 Application Forms and Procedures. The Commission shall adopt forms consistent with the 

standards set forth in this Ordinance. All Supplier License Application forms shall, at a minimum, require 

the name of the Applicant, the address of the Applicant’s principal place of business, and evidence that the 

Applicant is eligible for licensure as a Gaming Resource Supplier.

14.1 Duration; Renewal Process. A Supplier License shall be issued for a period of two years, 

and shall be reviewed and renewed, if appropriate, every two years thereafter. Applicants for a renewal of 

a Supplier License shall provide to the Commission updated materials and information as requested by the 

Commission. 

15. Fees

15.1 License and Application and Renewal Fees. The Commission shall establish a fee schedule 

for Applications and License renewals. Unless specifically waived by the Commission, all Persons 

applying for a License shall be required to pay application and investigation fees when due, including a 

reasonable deposit for costs that may be incurred in connection with the License investigation. The

Commission will set the Application fees and any applicable License renewal fees. 

16. Licensing Principles

16.1 Reliance on Previously Issued License. In lieu of completing its own background 

investigation, and to the extent that doing so does not conflict with or violate IGRA or the Compact, the 

Commission may contract with the State Gaming Agency for the conduct of background investigations, 

may rely on a state finding of suitability previously issued under a gaming compact involving another tribe, 

or may rely on a State gaming license previously issued to the Applicant, to fulfill some or all of the 

Commission’s background investigation obligation for licensing Applicants.

16.2 Licensing Criteria for Entities. For Applicants who are business entities, the licensing 

provisions of this Ordinance shall apply to the entity as well as:

(a) Each of its officers and directors;

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

officer, chief financial officer, chief operating officer, and general manager;

(c) Each of its owners or partners, if an unincorporated business; 

(d) Each of its shareholders who owns more than 10% of the shares of the corporation, 

if a corporation, or members who own more than a 10% membership interest of the limited liability 

company, if a limited liability company; and 
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(e) Each Person (other than a Financial Source exempt under Section 13.2 of this 

Ordinance) that, alone or in combination with others, has provided financing in connection with any 

Gaming Activity at the Gaming Operation, if that Person provided more than 10% of:

(1) The start-up capital; 

(2) The operating capital over a 12-month period; or

(3) A combination thereof. 

For purposes of this Section, where there is any commonality of the characteristics identified in (a) through 

(e) inclusive between any two or more entities, those entities may be deemed to be a single entity.

16.3 Institutional Investor. In the event an Institutional Investor directly or indirectly holds 

shares of a corporation or membership interests in an Applicant or Licensee or parent company of an 

Applicant or Licensee through its Affiliates, then such Institutional Investor shall not be required to submit 

an Application unless such Institutional Investor indirectly holds, through its Affiliates, more than 15% of 

the issued and outstanding shares or membership interests of an Applicant or Licensee or parent company 

of an Applicant or Licensee.

16.4 Appeals. Any Person aggrieved by a final decision of the Commission to condition, grant, 

deny, suspend or revoke a License or impose any fines on a Licensee may file a petition with the 

Commission requesting a hearing to reconsider the decision, and shall have the right to appeal such decision 

to the Tribal Council in accordance with such rules and regulations as may be promulgated by the Tribal 

Council for that purpose. If the Gaming Commission or Tribal Council reverses a prior licensure decision 

and issues a license to an application or licensee, such license shall not be issued for more than one (1) year, 

shall be subject to the renewal procedures set forth herein, an such reversal order and issuance of a license 

shall only be valid if to do so would not place the Tribe in violation of the Compact or of any applicable 

law. The Tribal Council may, by resolution, delegate its duties described in this Section 16.4 to the Tribal 

Court. A temporary suspension of an individual’s license will be reviewed pursuant to Section 11.11(b) 

prior to any appeal.

17. Games

17.1 Who May Not Play. It is the policy of the Tribe that certain individuals for whom conflicts 

of interest exist may not participate in Gaming Activities conducted at the Gaming Facility. At a minimum, 

members and staff of the Commission, the Executive Director, and senior level employees and officers of 

the Gaming Operation may not participate in any Gaming Activity on the Tribe’s Indian Lands. The 

Gaming Operation shall develop and maintain a standard operating procedure that identifies other positions 

and any applicable restrictions on Gaming Activity conducted at the Gaming Facility on file with the 

Commission. 

17.2 Patron Disputes. Any Patron of the Gaming Facility who has a dispute, disagreement or 

other grievance that involves any Gaming Activity offered at the Gaming Facility shall have their dispute 

resolved in the following manner. 

(a) Any Patron with a Gaming dispute shall be notified of the Patron’s right to submit 

a written statement of the facts or circumstances surrounding the dispute with the Gaming Operation. Such 

written statement must be submitted within five (5) days of the day on which the dispute occurred. The 
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Gaming Operation shall have five (5) days to provide a written response to the Patron. If the dispute is not 

resolved to the satisfaction of the Patron, the Patron has the right to contact the Commission to resolve the 

dispute within thirty (30) days of the day on which the dispute occurred. If the Patron contacts the 

Commission to resolve the dispute, the Gaming Operation will provide to the Commission copies of the 

Patron’s statement and the Gaming Operation’s response.

(b) All disputes that are submitted to the Commission for resolution shall be decided 

by the Commission based on information provided by the Patron and the Gaming Operation. The decision 

of the Commission shall be in writing copied to the Patron and the Gaming Operation, and shall be issued 

within fifteen (15) days of submission of the matter to the Commission. The decision of the Commission 

regarding any Patron dispute shall be final and shall not be subject to further review by any court in any 

jurisdiction.

18. Individually-Owned Gaming Operations

18.1 Authorization. Any individually-owned gaming authorized by the Tribe shall be 

authorized pursuant to an ordinance adopted by the Tribal Council and approved by the NIGC which shall 

include the requirements set forth in this Section 18. 

18.2 Ordinance Requirements. The ordinance regulating individually owned gaming shall, at a 

minimum: 

(a) require the individually owned gaming operation to: 

(1) Be licensed by the Commission; 

(2) Distribute not less than sixty percent (60%) of the net revenues from any 

individually owned gaming operation to the Tribe; and 

(3) Pay an assessment to the NIGC as required by Section 25 C.F.R. §514.1. 

(b) require that income distributed to the Tribe from individually owned gaming only 

be used for the purposes set forth in Section 19.2. 

(c) include licensing standards that are at least as restrictive as those established by 

California governing similar gaming within the State of California. 

(d) require the denial of a license for any person that would not be eligible to receive 

a California license to conduct the same activity within the State of California. 

(e) apply California standards with respect to purpose, entity, pot limits, and hours of 

operation. 

19. Miscellaneous

19.1 Gaming Rules. Gaming operated under this Ordinance shall be consistent with the 

Compact and any amendments thereto. 
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(a) All rules, Regulations and procedures for Games, including the method of play and 

the odds and method of determining amounts paid to winners, shall be approved and maintained by the 

Commission. 

(b) Information regarding betting limits, the method of play, odds and payoff 

determinations shall be visibly displayed or available to Patrons in written form in the Gaming Facility.

19.2 Use of Net Gaming Revenues. Net Revenues from the Gaming Operation may only be 

used for the following purposes: (a) to fund Tribal government operations or programs; (b) to provide for 

the general welfare of the Tribe and its members, including issuing per capita payments to members of the 

Tribe pursuant to a revenue allocation plan approved by the Secretary of the Interior; (c) to promote Tribal 

economic development; (d) to donate to charitable organizations; and (e) to help fund operations of local 

government agencies. 

19.3 Minimum Internal Control Standards. The Commission shall promulgate Regulations for 

the minimum internal control standards of the Gaming Operation. The minimum internal control standards 

shall: 

(a) Contain standards for currency transaction reporting that comply with 31 CFR Part 

103; and 

(b) Establish internal control standards for all Class II and Class III Gaming Activities 

consistent with the requirements of this Ordinance, IGRA, the Compact, and the State Gaming Agency’s 

Uniform Tribal Gaming Regulations.

The Commission shall require the Gaming Operation to implement a system of internal controls that

complies with the minimum internal control standards adopted by the Commission. The Commission shall 

monitor and enforce compliance with the minimum internal control standards adopted by the Commission. 

19.4 Annual Audit. The Gaming Operation shall ensure an annual audit of the Gaming 

Operation is conducted by an independent, certified public accounting firm in accordance with the auditing 

and accounting standards for audits of casinos of the American Institute of Certified Public Accountants. 

Copies of the annual audit will be provided to the Tribal Council and the Commission. The Commission 

shall submit the annual audit to the NIGC upon receipt. All gaming related contracts for supplies, services, 

or concessions in excess of twenty-five thousand dollars ($25,000) shall be included in the scope of this 

audit, excluding contracts for legal services and accounting services. 

19.5 Commission Right to Conduct Audits. The Commission may require audits of the financial 

statements of the Gaming Operation and of any Gaming Activity. The Commission shall require such 

audits to occur when necessary to ensure the integrity, security, honesty and fairness of the Gaming

Operation and all Gaming Activity. The Commission shall take reasonable steps to coordinate the timing 

of these audits with the annual audit, provided that the Commission may require audits to occur at other 

times if necessary to preserve the assets of the Tribe or ensure the integrity, security, honesty and fairness 

of the Gaming Operation or any Gaming Activity. Such audits may: 

(a) Be made by an independent CPA authorized to practice public accounting in the 

State of California;
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(b) Include an opinion (qualified or unqualified), or if appropriate, disclaim an opinion 

on the financial statements taken as a whole in accordance with standards of the accounting profession 

established by rules and requirements of the California State Board of Accountancy and the American 

Institute of Certified Public Accountants;

(c) Disclose whether the accounts, records and control procedures maintained by the 

Gaming Operation are as required by the Compact, Ordinance or Regulations; and

(d) Provide for a review of the Gaming Operation’s system of internal controls to 

disclose any deviation from prescribed rules, requirements, or industry practice and report such finding to 

the Commission and the Gaming Operation. 

19.6 Gaming Device Technical Standards. The Commission shall adopt technical standards and 

specifications for the operation of Gaming Devices and other games consistent with the Compact and any 

amendments thereto.

19.7 Exclusion or Ejection of Individuals. The Commission shall provide for the establishment 

of a list of individuals who are to be excluded or ejected from the Gaming Facility. The list shall include

any individual whose presence in the Gaming Facility is determined by the Commission to pose a threat to 

the integrity of Gaming Operation, a threat to the health, safety or welfare of Gaming Personnel or Patrons, 

interests of the Tribe, or State of California. Race, religious creed, color, national origin, ancestry, physical 

or mental disability, medical condition, marital status, sex, age, or sexual orientation must not be grounds 

for placing the name of an individual on the list. The Commission shall promulgate Regulations providing 

due process to any individual whose name the Commission is considering placing on the exclusion list, and 

shall require all Licensees to exclude or eject from a Gaming Facility any individuals placed on the 

exclusion list. 

19.8 Emergency Evacuation and Preparedness Plans. For the purpose of ensuring the physical 

safety of the Gaming Operation and its Patrons and Gaming Personnel, and any other individuals present 

in the Gaming Facility, the Commission shall develop and implement an Emergency Evacuation and 

Preparedness Plan in compliance with the State Gaming Agency’s Uniform Tribal Gaming Regulations. 

19.9 Minors. The Gaming Operation shall not permit individuals under the age of 21 to be 

present in any room or area in which Gaming Activities are being conducted unless the individual is en

route to a non-Gaming area of the Gaming Facility, or is employed at the Gaming Facility in a capacity 

other than as a Gaming Employee. The Gaming Operation shall prohibit individuals under the age of 21 to 

be present in any room or area in which alcoholic beverages may be consumed, except to the extent 

permitted under the Gaming Operation's liquor license, and applicable law. 

19.10 Sovereign Immunity. All inherent sovereign rights of the Tribe, as a federally recognized 

sovereign tribe are hereby expressly reserved, including sovereign immunity from unconsented suit. 

Nothing in the Ordinance shall be deemed or construed to be a waiver of the Tribe’s sovereign immunity 

from unconsented suit. 

19.11 Severability. Should a provision of this Ordinance or the application of a provision of this 

Ordinance be determined to be invalid, the invalidity shall not affect the other provisions of this Ordinance.

19.12 Repeal. This Ordinance shall repeal and supersede all previous Gaming ordinances 

adopted by the Tribe. This Ordinance shall also repeal and supersede all other Tribal policies, regulations, 
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rules, motions, memoranda, and other similar acts which are inconsistent with this Ordinance. Specifically, 

the Jamul Indian Village Amended & Restated Gaming Ordinance, adopted on February 20, 2019, approved 

by the NIGC on May 8, 2019, including any amendments thereto is repealed by this Ordinance.

19.13 Amendments. All provisions of this Ordinance are subject to amendment by the Tribal 

Council. All amendments to this Ordinance shall be effective upon the date of passage by the Tribal Council

and approval by the Chairperson of the NIGC. In the event that the Tribe or the Commission enact any 

law, ordinance or regulation (including amendments to this Ordinance) which is more stringent or 

burdensome than applicable federal or State legal requirements or the terms of the Compact, then the 

provisions of this Ordinance shall apply. 

19.14 Effective Date. This Ordinance shall take effect immediately upon its approval by the 

Chairperson of the NIGC.