April 24,201 4 

BY FIRST-CLASS MAIL 

and E-MAIL 

Daniel J. Tucker, Tribal Chairman 

Sycuan Band of the Kumeyaay Nation 

1 Kwaaypaay Court 

El Cajon, California 9201 9 

Re: Tribal Gaming Ordinance of the Sycuan Band of the Kumeyaay Nation 

Amended and Adopted on February 5,2014, by BC Resolution No. 2014-2 

Dear Chairman Tucker: 

This letter responds to your request on behalf of the Sycuan Band of the Kumeyaay 

Nation (Nation) for the National Indian Gaming Commission (NIGC) to review and approve the 

Nation's amendments to its gaming ordinance. 

The amendments were adopted on February 5,2014 by Resolution of the Business 

Committee of the Sycuan Band of the Kumeyaay Nation (BC Resolution No. 2014-2). Because 

the Nation's original gaming ordinance was approved in 1994 and had not been amended since 

then, the ordinance has been amended to comply with current NIGC regulations. 

Thank you for bringing the amendments to our attention and for providing us with a 

copy. The amendments are approved as they are consistent with the requirements of the Indian 

Gaming Regulatory Act and the NIGC's regulations. If you have any questions, please feel fiee 

to contact Armando Acosta, Senior Attorney, at 202-632-7003. 

Sincerely, 

p"a"@ \' Jonodev Chaudhuri 

Acting Chairman 

NATIONAL HEADQUARTER^ 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax 202.632.7066 WWW.NIGC.GOV 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN;Tulsa, OK 
amie D. LaBrake 

Counctl Member 

Henry R. Murphy 

Councfl Member 

BC RESOLUTION NO. 2014- 

Resolution of the Business Committee of the 

Sycuan Band of the Kumeyaay Nation 

Approval ofAmended Tribal Gaming Ordinance 

WHEREAS, the Sycuan Band of the Kumeyaay Nation ("Sycuan" or "Tribe"), 

previously ltnown as the Sycuan Band of Diegueno Mission Indians), 

is a federally-recognized. sovereign American Indian Tribe; and 

WHEREAS, the Sycuan Reservation ("Reservation") was established by an 

Executive Order issued on December 27,1875, and by an act of the 

United States Congress (26 Stat. 712-714 c.65); and 

WHEREAS, on May 7,1972, Sycuan adopted Articles of Association, which were 

approved by the Secretary of the Interior on August 18,1972; and 

WHEREAS, Sycuan first adopted its Tribal Gaming Ordinance by Resolution No. 

94-113 at a duly called meeting of the Sycuan Business Committee 

("Business Committee") held on October 7,1994; and 

WHEREAS, the Business Committee wishes to adopt amendments to its Tribal 

Gaming Ordinance. 

NOW, THEREFORE, BE IT RESOLVED that the Sycuan Business Committee, on 

behalf of the Tribe, hereby approves the Amended Tribal Gaming Ordinance, 

attached hereto as "Exhibit A. 

[CERTIFICATION ON FOLLOWING PAGE] 

Page 'l of 2 

I IKwaaypaay Court - El Cajon, California 920 19 6 19.445.26 13 . Fax 6 19.445.1927 . sycuantribe.com 
BC Resolution No. 2014-a 

CERTIFICATION 

The undersigned hereby certify that the foregoing resolution was adopted at a 

duly called meeting of the Business Committee of the Sycua % and of the 

K eyaay Nation, at which a quorum was present on the C3 

Y%X3 2014, by vote of in favor, opposed and 

abstaining. 

Candelita %lingsly 

Tribal Chairman Tribal Secretary 

Tribal Vice Chairman ~rbb/al Treasurer 

Orlando Sandoval 

Tribal Councilman 
TRIBAL GAMING ORDINANCE 

OF THE 

SYCUAN BAND OF THE IWMEYAAY NATION 

AMENDED AND ADOPTED ON 

BY RESOLUTION NUMBER 

SUPERSEDES: 

TRIBAL GAMING ORDINANCE ADOPTED OCTOBER 7,1994 

BY RESOLUTION NO. 94-1 13 
Table of Contents 

Chapter 1 Definitions 

Chapter 2 Purpose, Public Policv, Applicability and Authorization 

Section 2.01 Purpose 

Section 2.02 Public Policy 

Section 2.03 Gaining Authorized 

Section 2.04 Gaining Facility License Required 

Chapter 3 Establishment, Administration and Enforcement 

Section 3.01 Creation and Authority of the Tribal Gaming Commission 

Section 3.02 Powers of Commissioners 

Section 3.03 Powers of Executive Director 

Section 3.04 Termination of Executive Director 

Section 3.05 Right of Inspection 

Section 3.06 Confidentiality of Information 

Section 3.07 Powers of Delegation 

Section 3.08 Sanctions 

Section 3.09 Violations of Ordinance - Punishment 

Section 3.10 Due Process Regarding Enforcement Actions 

Section 3.1 1 Patron Disputes 

Section 3.12 Unlicensed Gaining 

Section 3.13 Compensation, Gratuities, Gifts 

Section 3.14 Financial lnterest 

Section 3.15 Ownership - Revenues to Benefit Tribe 

Chapter 4 Licensing 

Section 4.01 

Section 4.02 

Section 4.03 

Section 4.04 

Section 4.05 

Section 4.06 

Section 4.07 

Section 4.08 

Section 4.09 

Section 4.10 

Section 4.1 1 

Issuance of Tribal Gaming Licenses 

Non-Transferability of License 

Granting a License 

Suitability Deterinination, License, Denial 

Temporary Licenses 

Licensing of Employees and Primary Management Officials 

Employed in Class I1 or I11 Gaming and Licensing of 

Vendors, and Suppliers 

Waiver of Licensing for Certain Entertainers 

Violation of Terms of License 

Licensing of Gaming Facility 

License Fees 

Commissioners, Executive Director and Commission 

Employees 
Table of Contents 

Chapter 5 Auditing, Fiscal Oversight and Internal Controls 

Sectioil5.0 1 Minilnuin Procedures for Control of Internal Financial 

Affairs 

Section 5.02 Oversight of Internal Financial Affairs 

Section 5.03 Sycuan Tribal Gaining Commission's Right to Conduct 

Audits 

Section 5.04 Prohibition Against Embezzlement 

Chapter 6 Authorization of Gaming 

Section 6.01 Authorization of Gaming 

Section 6.02 Approval of Gaining Equipment 

Section 6.03 Posting of Rules 

Section 6.04 Gaming Related Activity of the Tribe 

Chapter 7 Exclusion or Eiection of Individuals 

Section 7.01 List of Undesirables 

Section 7.02 Prohibition Against Listed Individuals 

Sectioil7.03 Prohibition Against Underage Gaining 

Chapter 8 Unlawful Acts 

Section 8.01 Unlawful Acts 

Section 8.02 Prohibition Against Electronic Aids - Card Games 

Section 8.03 Prohibition Against Electronic Devices - Gaming Machines 

Section 8.04 Violations and Sanctions 

Chapter 9 National Indian Gaming Commission and State Compacts 

Section 9.0 1 National Indian Gaming Cominission - Regulations 

Section 9.02 National Indian Gaming Commission - Assessment 

Section 9.03 Compact with the State of California 

Chapter 10 Miscellaneous 

Section 10.0 1 Security 

Section 10.02 Surveillance 

Section 10.03 Gaming Facility Management Contracts 

Section 10.04 Environment, Public Health and Safety 

Section 10.05 Designated Agent 

Sectioil 10.06 Severability 

Section 10.07 Amendments 

Section 10.08 Effective Date and Supercedure 
CHAPTER 1 

DEFINITIONS 
In construing the provisions of this Ordinance, save when otherwise plainly declared or clearly 

apparent from the context; words in the present tense shall include the future tense, words in 

masculine, feminine or neuter genders shall include all genders, and words in the singular shall 

include the plural, and in the plural shall include the singular. 

Unless a different meaning is clearly indicated, the terms used in this Ordinance shall have the 

same meaning as defined in the "Indian Gaming Regulatory Act," Public Law 100-497, 102 Stat. 

2467, codified at 25 U.S.C. $$2701 - 2721 (Oct. 17, 1988). Additionally, any definitions set 

forth in a Compact signed by the Tribe and the State of California are adopted as if set forth 

herein. 

A~reed Uvon Procedures means the procedures that an independent certified public accountant 

shall employ in order to verify that the Gaming Operation is in compliance with the internal 

control standards in the manner provided for in 25 CFR 542.3(F). 

Avplicant means any person, partnership, corporation, joint venture or other entity applying for, 

or requesting renewal of, any License or permit described in or required by this Ordinance. 

Av~lication means a request for the issuance or renewal of a License or permit described in or 

required by this Ordinance. 

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

Nation. 

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

Calendar Year means the period beginning on the first day of January at 12:00:01 and ending 

immediately following December 31 at 12:OO midnight. 

ChairmanlChairwoman means the Commissioner appointed who shall chair all necessary 

Sycuan Gaming Commission hearings and meetings. 

Class I Gaminp means: 

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

B. Traditional forms of Indian gaming when played by individuals in connection with 

Tribal ceremonies or celebrations. 

Class I1 gamin^ means: 

A. Bingo or lotto (whether or not electronic, computer, or other technologic aids are 

used) when players: 

1. Play for prizes with cards bearing numbers or other designations; 
2. Cover numbers or designations when objects, similarly numbered or 

designated, are drawn or electronically determined; and 

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

cards. 

4. Any other games classified as Class I1 by either the NIGC or a court of 

competent jurisdiction. 

B. If played in the same location as bingo or lotto, pull tabs, punch boards, tip jars, 

instant bingo, and other games similar to bingo. 

C. Non house banking card games that: 

1. State law explicitly authorizes, or does not explicitly prohibit, and are played 

legally anywhere in the state; and 

2. Are played in conformity with state laws and regulations concerning hours, 

periods of operation and limitations on wagers and pot sizes. 

Class I11 Gaming means all forms of gaming that are not Class I Gaming or Class I1 Gaming 

including but not limited to: 

A. Any house banking game including but not limited to Card games such as 

baccarat, chemin de fer, blackjack (21) and pai gow (if played as a house-banking 

game). 

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

chance. 

C. Any sports betting and pari-mutuel wagering including but not limited to 

wagering on horse racing, dog racing or jai alai. 

D. Lotteries, 

Collateral Agreement means any contract, whether or not in writing, that is related, either 

directly or indirectly, to a Management Contract or to any rights, duties or obligations created 

between the Tribe (or any of its members, entities or organizations) and a management 

contractor or subcontractor (or any person or entity related to or controlled by a management 

contractor or subcontractor). 
Commissioners mean the three members of the Gaming Commission individually appointed by 

the Sycuan Tribal Business Committee. 

Compact means any agreement entered into between the Tribe and the State of California 

pursuant to 25 U.S.C. 5 2710 (d) that has been approved by the Secretary of the Interior and is in 

effect. Provided, that such agreement shall affect the scope and regulation of Class 111 Gaming 

activities only. 

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

Electronic. Computer. or Other Technologic Aid means any machine or device that 

A. Assists a player or the playing of a game. 

B. Is not an electronic or electromechanical facsimile. 

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

Electromechanical Facsimile means a game played in an electronic or electromechanical 

format that replicates a game of chance. 

Fiscal Year means the twelve (12) month period for which an organization plans the use of its 

funds, beginning and ending on any day of a calendar month. 

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

house banking game. 

Gaming Activities means operating Class I1 and Class 111 Gaming authorized under this 

Ordinance. 

Gaminv Commission or Commission means the Sycuan Tribal Gaming Commission. 

Gaming Device means any so-called "slot machine" or any other machine or mechanical device 

an essential part of which is a drum or reel with insignia thereon, and which when operated may 

deliver, as the result of the application of an element of chance, any money or property, or by the 

operation of which a person may become entitled to receive, as the result of the application of an 

element of chance, any money or property. 

Gaminv Em~lovee means any person employed by the Sycuan Gaming Operation. 

Gaming Facilitv or Facilitv means any building in which Class 111 Gaming Activities or 

Gaming Operations occur, 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 walltways, a principal purpose of which is to serve the activities of the Gaming 

Operation, provided that nothing herein prevents the conduct of Class I1 gaming (as defined 

under IGRA). 
Gaming Operation means any economic entity that is licensed by the Tribe, operates the games, 

receives the revenues, issues the prizes and pays the expenses. A Gaming Operation may be 

operated by the Tribe directly, by a Management Contractor or, under certain conditions, by 

another Person or other entity. The Gaming Operation also includes all ancillary activities which 

enhance or support the Gaming Operation. 

Gamine Re~ulations or Regulations means any regulations, orders or directive of the Gaming 

Commission, including rules governing the conduct of games, standards and procedures for 

accounting and other controls of the Gaming Operations, as may be promulgated by the Gaming 

Commission pursuant to this Ordinance. 

 gamin^ Resources means any goods or services provided or used in connection with Gaming 

Activities, whether exclusively or otherwise, including, but not limited to, equipment, gambling 

devices and ancillary equipment, implements of Gaming Activities such as playing cards and 

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

services, and gaming consulting services. Gaming Resources does not include professional 

accounting and legal services. 

 gamin^ Resource Suaplier means any person or entity who, directly or indirectly, does, or is 

deemed likely to, manufacture, distribute, supply, vend, lease, purvey, or otherwise provide to 

the Gaming Operation or Facility at least twenty-five thousand dollars ($25,000) in Gaming 

Resources in any consecutive twelve (12)-month period, or who, directly or indirectly, receives, 

or is deemed likely to receive, in connection with the Gaming Operation or Facility, at least 

twenty-five thousand dollars ($25,000) in any consecutive twelve (12)-month period, provided 

that the Tribal Gaming Agency may exclude a purveyor or equipment or furniture that is not 

specifically designed for, and is distributed generally for the use other than in connection with, 

Gaming Activity, if but for the purveyance, the purveyor is not otherwise a Gaming Resource 

Supplier, the compensation received by the purveyor is not grossly disproportionate to the value 

of the goods or services provided, and the purveyor is not otherwise a person who exercises a 

significant influence over the Gaming Operation. 

House Banking Game means any game of chance that is played with the house as a participant 

in the game, where the house takes on players, collects from all losers and pays all winners, and 

the house can win. 

means the "lndian Gaming Regulatory Act" enacted by the United States Congress on 

October 17, 1988. 

Indian Lands means: 

A. Land within the limits of an Indian reservation; or 

B. Land over which an Indian Tribe exercises governmental power and that is either, 
1. Held in trust by the United States for the benefit of any Indian Tribe or individual; 

or 

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

against alienation. 

Indian Tribe means any Igdian Tribe, band, nation, or other organized group or community of 

Indians that the Secretary recognizes as 

A. Eligible for the special programs and services provided by the United States to 

Indians because of their status as Indians; and 

B. Having powers of self-government. 

Kev Emplovee means: 

A. A Person who performs one or more of the following functions: 

1. Bingo caller, supervisor and cashier. 

2. Counting room supervisor, count and drop personnel. 

3. All security and surveillance personnel. 

4. Custodian of gaming supplies or cash. 

5. Card room supervisor or floor maager. 

6. Pit boss or shift supervisor. 

7. Dealer. 

8. Croupier. 

9. Any Cashier. 

10. Approver of credit. 

11. Any employee engaged in finance or accounting functions. 
12. Custodian of gambling devices or cards, including persons with access to cash 

and accounting records within such devices. 

13. If not otherwise include, any other person whose total cash compensation from 

employment in the Gaming Operation is in excess of $50,000 per year. 

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

gaming operation. 

15. Any person who is a financial controller or who has financial management 

operation responsibilities for the gaming facility. 

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

Compact. 

17. Any other person or employee of the Gaming Operation that the Commission or 

Executive Director designates as a Key Employee. 

License means any authorization granted by the Gaming Commission, pursuant to this 

Ordinance, to any Person which is required for such Person to perform certain acts or engage in 

certain activities. The issuance of a License shall not create a property or liberty interest in such 

License for the benefit of the Licensee. 

Licensee means any Person who has been issued a valid and current License pursuant to the 

provisions of this Ordinance. 

Management Contract means any contract, subcontract or collateral, agreement between an 

Indian tribe and a contractor or between a contractor and a subcontractor if such contract or 

agreement provides for the management or control of all or part of a Gaming Operation. 

Management Contract does not include an employment contract with an individual. 

MICS means the minimum internal control standards promulgated by the Gaming Commission 

or the NIGC. 

Net Gaming Revenue means the annual total amount of gaming revenue from Class I1 and Class 

I11 gaming less amounts paid out as prizes or paid for prizes awarded. 

Net opera tin^ Revenue means Net Gaming Revenue less amounts paid for gaming related 

operating expenses, excluding management fees. 

Net Win or Loss means the difference between gaming wins and losses before deducting 

operating costs and expenses. For slot machines, net win or loss is equal to the drop less fills, 

less hand-pays and less hand-paid jackpots. 
NIGC means the National Indian Gaming Commission. 

Non-Gaming Licensee means any person who is not a Gaining Employee, Primary Management 

Official or Key Employee. Non-Gaming Licensee may also require licensing by the Tribal 

Gaming Commission in accordance with any limitations, restrictions or regulatory requirements 

deemed appropriate by the Tribal Gaming Commission 

Ordinance means this Amended Tribal Gaming Ordinance approved by the Sycuan Band of the 

Kumeyaay Nation, authorizing and setting forth the terms for Class I1 and Class 111 Gaming 

Operations on the Sycuan Tribe's land. 

Patron means any individual who is physically present on any Gaming Facility premises for the 

purpose of participating in Gaming Activities or availing him/herself of goods, services, 

entertainment or other amenities of a Gaming Operation. 

Person means any association, partnership, corporation, Limited Liability Company, firm, trust 

or other form of business association or entity, as well as a natural person. 

Primam Management Official means: 

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

Operation. 

B. Any Person who has authority to hire and fire employees or to establish working 

policy for a Gaming Operation. 

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

responsibilities. 

Reservation ineans any lands within the exterior boundaries of the Sycuan Indian Reservation, 

and any other lands, title to which is held in trust by the United States and over which the Sycuan 

Band of the Kumeyaay Indians exercise governmental authority. 

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

Tribe means the Sycuan Band of the Kumeyaay Nation. 
CHAPTER 2 

PURPOSE, PUBLIC 

POLICY, APPLICABILITY 

AND AUTHORIZATION 
Section 2.01 Purpose 

The Sycuan Band of the Kumeyaay Nation, a Federally recognized sovereign Indian Tribe, 

acting through its Articles of Association approved by the Secretary in 1972, exercising its 

inherent sovereign power to enact ordinances and otherwise safeguard and provide for the health, 

safety and welfare of the Sycuan Indian Reservation and the members of the Tribe, hereby 

ordains and establishes this AMENDED SYCUAN GAMING ORDINANCE, herein after 

known by the same name, for the purpose of authorizing and comprehensively and preemptively 

regulating the terms and conditions under which Class I1 and Class I11 gaming may be conducted 

on lands within the Tribe's j~uisdiction. 

Section 2.02 Public Policy 

All Gaming conducted within the Tribe's jurisdiction and otherwise authorized by law shall be 

regulated and licensed pursuant to the provisions of this Ordinance. The Tribe hereby finds and 

declares it to be the public policy of the Tribe, that: 

A. Regulation of licensed Ganling is essential to ensure that such Gaming is conducted 

honestly and that Gaming is free from criminal and corruptive elements. 

B. Public confidence and trust can only be maintained by strict regulation of all Persons, 

locations, practices, associations and activities related to the operation of licensed 

Gaming Facilities and the manufacture, distribution and operation of Gaming Devices. 

C. All Management Entities or Controlling Shareholders, Primary Management Officials, 

Key Employees, Gaming Facilities and Gaming Resource Suppliers must therefore be 

licensed and controlled to protect the public health, safety, morals, good order and 

general welfare of the Tribe and the public. The Sycuan Gaming Commission shall 

perform bacltground investigations and issue licenses for key employees and primary 

management officials according to requirements that are at least as stringent as those 

found in 25 CFR Section 556 and 558. 

Section 2.03 Gaminv Authorized 

A. Class I1 gaming as defined in the Indian Gaming Regulatory Act. 

B. Class I11 gaming is hereby authorized, provided such gaming is also authorized by and 

conducted consistent with this Ordinance and any Compact that is in effect, applicable to 

lands within the Tribe's jurisdiction or procedures prescribed by the Secretary. 

C. Any form of Class I1 andlor Class I11 gaming activity conducted on land subject to the 

Tribe's jurisdiction must have prior approval of the Tribal Gaming Commission. 

Section 2.04 Gamine Facilitv License Required 

A separate Tribal license shall be required for each place, facility, or location on Sycuan Indian 

lands where Class I1 and/or Class 111 gaming is allowed under the provisions of this Ordinance. 

See Section 4.09 for facility license requirements. 
CHAPTER 3 

ESTABLISHMENT, 

ADMINISTRATION AND 

AND ENFORCEMENT 
Section 3.01 Creation and Authoritv of the Tribal gamin^ Commission 

A. There is hereby created the Sycuan Tribal Ganling Commission, which shall include 

three Con~missioners, one alternate Commissioner, Executive Director and staff who 

would themselves qualify for licensing as a Primary Management Official. 

B. Commissioners shall be appointed by the Business Committee, and shall not be removed 

during their terms of office except for misconduct, neglect of duties or acts that would 

render such persons unqualified for a License hereunder. An affirmative vote of at least 

four members of the Business Committee shall be required to remove a Commissioner 

from hisiher position and duties. Any removal action initiated shall be in an open 

meeting, after a duly noticed hearing, at which the Coinmissioner charged with 

misconduct shall have the right to hear and present evidence concerning hisiher removal. 

At the request of the Commissioner whose removal is at issue the hearing may be held in 

executive session. The Business Committee also may elect to receive in executive 

session any evidence of public disclosure which might compromise any on-going lawenforcement investigation. 

C. The Business Committee shall designate one of the three Commissioners as the 

Chairperson of the Gaming Commission who shall serve a term of three years. Helshe 

will retain the Chairperson position through consecutive reappointments, at the discretion 

of the Business Committee. One of the Commissioners shall be appointed for a period of 

two years, the third for a period of one year and the alternate for a period of one year. All 

subsequent appointments will be for three-year terms, with the exception of the alternate, 

which is an annual appointment. There will not be a limit to the number of times a 

member of the Commission may be reappointed. The Business Committee shall 

determine and authorize the compensation to be paid to the Commissioners based on the 

Business Committee's determination of the time required to be expended upon 

Commission duties, and a comparison of the Commissioner's duties and responsibilities 

with those of other tribal appointive bodies. 

D. The Gaming Commission shall promulgate detailed and comprehensive rules and 

regulations for the implementation and enforcement of this Ordinance, which shall 

include tlie operation of any Gaming Facility conducting Class I1 and/or Class I11 gaming. 

E. The Gaming Commission shall be independent of the Business Committee in the 

promulgation of rules and regulations, conduct of investigations, licensing and other 

decision-making processes, and shall have full authority and power to monitor and 

enforce compliance with this Ordinance and rules or regulations promulgated by the 

Gaming Commission. The Gaming Commission shall also have the authority and power 

to enforce compliance with applicable Federal, State and Tribal laws and regulations, and 

Compact requirements. The Gaming Commission shall hear and finally resolve all 

disputes regarding any provisions of this Ordinance or the Commissioner's rules and 

regulations. 
F. The Gaming Con~mission shall establish its own budget for operations, and acquire such 

furnishings, equipments, supplies, stationery, books, motor vehicles and other things as it 

may deem necessary or desirable in carrying out its functions, and incur such other 

expenses within the liinit of funds available to it, as it may deem necessary. The Gaming 

Commission budget will be reviewed and approved by the Business Committee and 

within those limits the Gaming Commission shall employ and fix salaries of or contract 

for the services of such professional, technical and operational personnel and consultants 

as the execution of its duties and the operation of the Gaming Commission may require. 

At the Business Committee's discretion, the Gaming Commission budget may be 

reviewed and modified yearly. 

G. The Gaming Commission shall possess the authority and discretion to grant or deny any 

Application; to limit, condition, suspend, or restrict any License; make a finding of 

suitability or approval of a License; or find suitable the imposition of a fine upon any 

person or entity licensed, for any violation of this Ordinance, any Compact to which the 

Tribe is or may become a party, rules and regulations, or any cause deemed reasonable by 

the Commission. In all decisions, the Commission shall act to promote and ensure the 

integrity, security, honesty, and fairness of the Gaming Operation and administration of 

Gaming and ancillary activities of the Gaming Facility. 

H. Subject to the appropriation of funds by the Business Committee, the Gaming 

Commission shall be authorized to employ such staff as reasonably may be required to 

fulfill its responsibilities under this Ordinance. The staffing shall include but not be 

limited to an Executive Director who shall be responsible for the administration and day 

to day operation of the Gaming Commission as well as overseeing the establishment and 

operation of all Gaming Activities for compliance with all Federal, State, and Tribal 

gaming laws and regulations. Compensation of Gaming Commission employees shall be 

limited to that which is comparable to compensation paid to persons performing similar 

duties in other governmental gaming regulatory agencies. 

Section 3.02 Powers of the Commissioners 

A. The Commissioners are authorized and responsible for conducting hearings and making 

decisions on matters dealing with gaming issues including but not limited to violations of 

Ordinances, rules and regulations, employee actions, patron disputes and barring issues. 

In conducting these hearings, Comnissioners are authorized to request, receive and 

examine gaming facility and Tribal documents, review surveillance videos, obtain 

testimony and take any other action deemed necessary to their review. 

B. A quorum for the conduct of hearings by the Commission shall consist of at least three 

members, one of which can be the alternate Commissioner. A quorum for the conduct of 

Commissioners business and meetings shall consist of at least two members, one which 

can be the alternate Commissioner. Meetings of Commissioners shall be open to invited 
guests, unless the Commissioners convene in closed or confidential sessions for the 

purpose of considering any of the following matters: 

1. Considering applications for licensing when discussing the background 

investigations or personal information. 

2. Meeting with gaming officials of other jurisdictions, the State Attorney General 

and District Attorney of San Diego County or law enforcement officials relating 

to possible criminal violations. 

3. Considering or discussing with legal counsel, Tribal officials, Commission and/or 

Tribal staff or others in confidential relationships with the Tribe or the 

Commission pending or contemplated litigation to which the Commission or the 

Tribe is or may become a party, or in which the Tribe or the Commission may 

have an interest. 

4. Consulting with the Executive Director, employee and agents of the Commission 

concerning possible criminal or regulatory violations. 

5. Deliberations necessary to reach a decision after hearing evidence, whether 

formally or informally, on a contested case. 

6. Discussing business strategies, marketing or pricing strategies of a Licensee or an 

Applicant for a License if public discussion may be harmful to the competitive 

position of the Licensee or Applicant for a License or discussions with a Licensee 

or an Applicant for a License for the purposes of overseeing and defining gaming 

contracts. 

C. Decisions on matters brought before the Commissioners are final and not subject to 

further appeal. The Com~nissioners will inform the subject and the Executive Director of 

their decision in writing. 

Section 3.03 Powers of Executive Director 

The Executive Director shall perform all duties, exercise all powers, assume and discharge all 

responsibilities, and carry out and affect all purposes of this Ordinance relating to the regulation 

of all Gaming Activity. In all decisions, the Executive Director shall act to promote and ensure 

integrity, security, honesty, and fkirness of the operation and administration of all Gaming 

Activity. The Executive Director's duties shall include but not be limited to the following: 

A. Negotiating contract payments by the Tribe for the provision of the Gaming Commission, 

and outside independent auditing services. Such contracts must be approved by the 

Commissioners and shall not constitute a waiver of jurisdiction by the Tribe. 

B. Will correspond with the NIGC and do whatever is necessary to ensure compliance with 

the rules and regulations of that agency. Specifically, the Executive Director, with the 
approval of the Commissioners, shall arrange for an annual outside audit of authorized 

gaming and all gaming related contracts for puuchases for more than $25,000 a year, 

excluding those contracts for legal and accounting services and provide a copy of the 

results of that audit to the NIGC. 

C. Will correspond with the California Gambling Control Commission andor other 

authorized State agency recognized under the Compact to ensure compliance with the 

Compact and rules and regulations promulgated thereunder. 

D. The Executive Director will assure that all Gaming Activity is conducted in a manner 

which adequately protects the environment and the public's health and safety. 

E. The Executive Director will ensure that background investigations are conducted 

pursuant to this Ordinance on all Primary Management Officials, Key Employees, and 

employees of any Gaming Facility and that oversight of such officials and their 

management is conducted on an ongoing basis. The Executive Director will make 

suitability determinations on the granting of a Gaming License for all Gaming Operation 

employees. The Executive Director shall immediately notify the NIGC of the issuance of 

such Licenses for Primary Management Officials and Key Employees. The Executive 

Director andiorihisiher designee will review all License applications and background 

investigations to ensure that no person shall be eligible for employment if that person's 

prior activities, criminal record (if any), or reputation, habits and associations pose a 

threat to the public interest or to the effective regulation of gaming or create or enhance 

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

conduct of gaming or jeopardize the integrity or reputation of the Tribe or its Gaming 

Operation. The Executive Director shall notify the NIGC of the results of such 

baclcground checks before the issuance of a permanent license to Primary Management 

Officials and Key Employees. 

F. Hiring, pursuant to the approval of Commissioners, professional, clerical, technical and 

administrative personnel as may be necessary to carry out the provisions of this 

Ordinance. 

G. Inspect, review and copy all records, documents, equipment and facilities, or anything 

else necessary and pertinent to enforcement of any provisions of this Ordinance. 

H. Make decisions and execute any sanctions on any person subject to the jurisdiction of this 

Ordinance as deemed necessary, appropriate and lawful, with the approval and review by 

the Commissioners. 
I. The Commissioners via the Executive Director will ensure that on a quarterly basis a 

financial quarterly statement along with an updated report of Gaming Coinmission 

activities is presented to the Business Committee. 

Section 3.04 Termination of Executive Director 

The Executive Director may be terminated immediately by the Commissioners, via a majority 

vote, upon the Executive Director's conviction in a Federal or State court of competent 

jurisdiction for a felony, or for a misdemeanor related to gambling or moral turpitude, or upon 

conviction of any charge that the Commissioners find relates to the Executive Director's honesty 

or ability to fulfill hisher duties. If the Executive Director is convicted of violating any part of 

this Ordinance, helshe may be immediately terminated. Additionally, the Executive Director 

may be terminated for associations or conduct that would tend to bring the Executive Director's 

integrity or the gaming operation into disrepute. The Chairperson of the Gaming Commission 

has the authority to immediately suspend the Executive Director for any alleged infractions, as 

outlined previously, until such time as the Commissioners convene and make a final decision on 

the allegation(s). 

Section 3.05 Rirrht of Inspection 

The Commissioners, Executive Director and hisher compliance officers, investigators, 

inspectors, auditors, and employees have the authority, within Sycuan's Reservation: 

A. To inspect and examine all premises wherein gaming is conducted or gambling devices 

or equipment are used, manufactured, sold or distributed. 

B. To inspect all equipment and supplies in, upon or about a Gaming Facility or inspect any 

equipment or supplies wherever located, which may, or have been used in the Gaming 

Facility. 

C. Summarily to seize and remove from a Gaming Facility (or wherever located) and 

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

evidence, or forfeiture: 

D. To demand immediate access to and inspect, examine and audit all papers, books, and 

records of Applicants and Licensees, business records, income documents, expense 

documents, income and expense verification and all other matters affecting the 

enforcement of the policy of or any provision of this Ordinance. 

E. To seize and impound any patron's winnings which the Gaming Commission has reason 

to believe may have been won or obtained in violation of this Ordinance, pending a civil 

forfeiture hearing on such seizure. 
F. The Gaming Commission and the Executive Director shall each have full power and 

authority to compel the attendance of witnesses for hearing at any place within Sycuan's 

Reservation, to administer oaths and to require testimony under oath. Any process or 

notice may be served in a manner provided for service of process and notices in civil 

actions. The Gaming Commission and the Executive Director may pay such 

transportation and other expenses of witnesses, as it may deem reasonable and proper. 

Any Licensee failing to attend a hearing, after having been given notice, shall be subject 

to immediate revocation of their Gaming License. 

Section 3.06 Confidentialitv of Information 

Each Commissioner and employee of the Gaming Commission shall be required to sign a 

confidentiality agreement and will be responsible for ensuring the strictest standards of 

confidentiality with respect to all information. All information provided to the Gaming 

Commission and all information obtained by the Gaming Commission in the performance of its 

duties shall be kept confidential and shall not be disclosed to any person or organization without 

the written consent of the Commissioners. The Commissioners may refuse to reveal, in any 

court proceedings the identity of any informant, or the information obtained from the informant, 

or both the identity and the information. Records considered confidential and not to be disclosed 

except pursuant to a court order or executed release include: 

A. Tax returns of individual Licensees. 

B. Applications, credits, medical and security reports of Applicants for Licenses and other 

persons seeking or doing business with the Gaming Commission. 

C. Marketing, financial or sales data, the disclosure of which may be harmful to the 

competitive position of the Tribe's Gaming Operations, its Licensees or persons seeking 

or doing business with the Gaming Commission. 

D. Audit work papers, worltsheets and auditing procedures used by the Commission, its 

agents or employees. 

Section 3.07 Powers of Delegation 

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

Director may delegate duties to subordinate staff as deemed necessary. 

Section 3.08 Sanctions 

Any Person, be it an employee, Patron, vendor, or Licensed Gaming Facility, who engages in 

activities that are in violation of this Ordinance andlor promulgated Gaming Regulations shall be 

in violation of said Ordinance or Regulations and be subject to sanctions in accordance with the 

provisions of Section 3.09. 
Section 3.09 Violations of Ordinance -Punishment 

A violation of this Ordinance or promulgated Gaming Regulations may be punished by a fine for 

each separate count or violation. The amount of the fine is to be determined by the Gaming 

Commission. Each day of violation shall constitute a separate count or violation under this 

Ordinance. A violator may also be required to pay costs, storage fees, and auction or sales fees. 

All property used or which may be used in activities in each and every separate violation of this 

Ordinance may become property of the Tribe. Persons may be barred or prohibited from 

trespassing on premises licensed under this Ordinance and/or surrounding Tribal land, licenses 

may be suspended, revoked, or limited and Gaming Facilities may be closed. Violators may be 

subject to prosecution by local or federal law enforcement. All such action shall be taken at the 

discretion of the Gaming Commission, subject to right of appeal to the Gaming Commissioners. 

Winnings determined to have been received in violation of this Ordinance shall be forfeited and 

become the property of the Tribe. 

Section 3.10 Due Process Regarding Enforcement Actions 

The Tribal Gaming Commission shall promulgate Regulations protecting due process rights of 

all individuals subject to the enforcement of this Ordinance. Such Regulations shall, at a 

minimum, include the following: 

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

B. Provide fair notice and opportunity for a hearing before the Gaming Commission 

regarding any revocation or suspension of a Gaming License, and regarding any 

enforcement action taken pursuant to this Ordinance. 

C. Provide the right to appeal, de novo, any disciplinary or enforcement action to the 

Gaming Commission. 

Section 3.11 Patron Disvutes 

The Gaming Commission shall promulgate regulations protecting the due process of Patron 

disputes and these regulations shall at a minimum include the following: 

A. Whenever the Gaming Facility refuses payment of alleged winnings or machine credits to 

a Patron and the dispute involves an amount above the minimum set under the Gaming 

Regulations, the Gaming Facility shall immediately notify the Gaming Commission. The 

Gaming Commission shall conduct whatever investigation it deems necessary and shall 

determine whether payments should be made. If the disputed amount is less than the 

minimum set under the Gaming Regulations and not resolved, the Gaming Facility shall 

inform the Patron of his or her right to request that the Gaming Commission conduct an 

Investigation. Upon request of the Patron, the Gaming Commission shall conduct 

whatever investigation it deems necessary and shall determine whether the complaint is 

valid or not. The Gaming Facility will notify the Gaming Commission of all Patron 

disputes via a written report on a timely basis, whether resolved or not. 
B. The Gaming Commissioll may investigate all Patron disputes and shall investigate Patron 

disputes appealed to them. 

C. The Gaming Commission shall mail written notice by certified mail, return receipt 

requested, to the Patron of the decision resolving the dispute within a reasonable time. 

D. The effective date of the decision of the Gaming Commissioi~ is on the date it is received 

by the aggrieved party as reflected on the return receipt. 

E. A Patron may file a petition with the Commissioners appealing the decision of the 

Gaming Commission. The petition must be received by the Gaming Commissioners 

within thirty (30) days after the decision notice is received from the Gaming 

Commission. The Commissioners decision is final and the Patron will receive 

notification of said decision in accordance with Paragraph C of this section. All 

decisions by the Commissioners are final and binding upon the Patron, Gaming Facility 

and the Gaming Commission. 

Section 3.12 Unlicensed Gaming 

Any person who commits any act of unlicensed gaming on the Sycuan Reservation may be in 

violation of this Ordinance and shall be prosecuted in the appropriate court of competent 

jurisdiction. Prosecution for such a violation in other than Federal court is not meant to be 

exclusive; a finding of guilt or innocence shall not deprive the Federal government from 

jurisdiction. 

Section 3.13 Compensation. Gratuities, Gifts 

All Commissioners, Gaming Commission managers, staff and immediate family shall receive no 

personal compensation, gratuities or gifts from any Person doing or wishing to do business with 

the Tribe relating to gaming, nor with ally Person wishing to obtain an unfair advantage in any 

authorized wager on gaming. Any property received in violation of this provision, including 

cash payments, shall be immediately forfeited to the Tribe and the offending persons shall be 

prosecuted to the fullest extent possible. The only exception to the above will be in relation to 

the exchange or receiving of an occasional promotional gift and/or meal whose fair market value 

does not exceed $100.00 and whose intention is not to obtain an unfair advantage in any 

authorized wagering on gaming. 

Section 3.14 Financial Interest 

All Commissioners, Gaming Commission managers, staff and immediate family shall have no 

direct or indirect financial interest in any Gaming Operation or a business wishing to do business 

with the Tribe or the Gaming Facility. The exception is Sycuan Tribal members and immediate 

family whose gaming interests are with the Tribe. For the purpose of this section, indirect 

financial interest shall not include ownership in mutual funds holding interest in publicly traded 

companies, but shall include direct ownership in stock. 
Section 3.15 0wnershi~-Revenues to Benefit Tribe 

A. The Tribe shall have sole proprietary interest and sole responsibility for the conduct of 

the Gaming Operation. Such provision does not, however, limit the Tribe's ability to 

enter into a management contract wherein net profits are divided between the Tribe and 

other parties to the contract. 

B. Except as specifically authorized pursuant to Subsection C of this Section, net revenues 

from Class I1 and Class 111 gaming on the Sycuan Indian Reservation shall be used only 

for the following purposes: 

1. To fund Tribal government operations or programs. 

2. To provide for the general welfare of the Tribe and its members. 

3. To promote Tribal economic development. 

4. To donate to charitable organizations. 

5. To help fund operations of local government agencies. 

C. If the Tribe elects to make per capita payments to Tribal members, it shall authorize such 

payments only in conformity with a plan submitted to and approved by the Secretary of 

Interior pursuant to 25 U.S.C. Section 2710(b)(3). 
CHAPTER 4 

LICENSING 
Section 4.01 Issuance of Tribal Gaming License 

The Gaming Commission is authorized to issue gaming Licenses to any Person andor entity 

required by this Ordinance to possess such a License or permit and if after issuance of a gaming 

License reliable information is received that a Licensed individual or Vendor does not meet the 

standards established under Section 4.04 of this Ordinance, the Gaming Commission shall 

suspend such license. 

Section 4.02 Non-Transferability of License 

Any License issued pursuant to the provisions of this Ordinance is valid only for the Person or 

entity at the place of business shown on the face thereof. It is not assignable or otherwise 

transferable to any other Person or entity for any other location without the prior written 

approval of the Gaming Commission. A Gaming License is a revocable privilege, and the 

issuance of a License shall not create any vested right. 

Section 4.03 Granting a License 

The Gaming Commission, upon completion of appropriate background investigations and 

suitability determination, shall either grant or deny a License. A License may be issued only if: 

A. A completed License Application has been received. 

B. All applicable licensing fees have been paid. 

C. The Applicant has been determined to be suitable for licensure. 

Section 4.04 Suitability Determination. License Denial 

The Executive Director may deny a License to any Applicant (employee or vendor), or may 

suspend or revoke the License of any employee or vendor who: 

A. Has knowingly and willfully provided materially false statements or information or 

omitted material information on hisiheriits License Application or background 

questionnaire. 

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

habits, and associations pose a threat to the public interest or to the effective regulation 

and control of Gaming Activities, or create or enhance the dangers of unsuitable, unfair, 

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

on of the business and financial arrangements incidental thereto, or jeopardizes the 

integrity or reputation of the Tribe or its Gaming Operation. 
Has violated, failed or refused to comply with the provisions, requirements, conditions, 

limitations or duties imposed by any provision of this Ordinance, the Compact or any 

provisions of Federal, State, or Tribal laws or Regulations. 

Knowingly causes or caused, aids or aided, abets or abetted, or conspires or conspired 

with another to cause any person or entity to violate any of the laws or gaming 

regulations of any state or tribe or the provisions of the Compact, provided that gaming 

activities engaged in prior to the effective date of the Compact that were authorized by a 

Tribe shall not constitute grounds for a determination of unsuitability. 

Has obtained a State Gaming License or certification or Tribal License by fraud, 

misrepresentation, concealment or through inadvertence or mistalte. 

Has been convicted of, or forfeited bond upon a charge of, or pleaded guilty to, forgery, 

larceny, extortion, conspiracy to defraud, or of bribing or otherwise unlawfully 

influencing a public official whether as a felony or misdemeanor, involving any gaming 

activity, misappropriation of funds, physical harm to any individual or any act of moral 

turpitude. 

Maltes a misrepresentation of, or fails to disclose a material fact to Federal or State 

authorities, the Gaming Commission andlor other Tribal authority. 

Is subject to current prosecution or pending charges, or a conviction that is under appeal, 

for any of the offenses included under Subsection F of this Section, provided that the 

Gaming Commission may defer decision upon the application during the pendency of 

such prosecution or appeal. 

Has had a gaming license issued by any state of the United States, any foreign state, any 

tribe, the Gaming Commission or the Tribe, revolted or denied. 

Has demonstrated a willful disregard for compliance with gaming regulatory authority in 

any jurisdiction, including suspension, revocation, denial of application or forfeiture of 

license. 

Has pursued or is pursing economic gain in an occupational manner or context which is 

in violation of the criminal laws of any state, if such pursuit creates probable cause to 

believe that the participation of such person in gaming or related activities would be 

detrimental to the proper operation of said authorized gaming or related state activity. 

For purposes of this paragraph, occupation manner or context shall be defined as the 

systematic planning, administration, management or execution of an activity for financial 

gain. 

Is a career offender or a member of a organized criminal organization or is associated 

with career offender or an organized criminal organization in such a manner which 

creates probable cause to believe that the association is of such nature as to be 

detrimental to the proper operation of the authorized gaming or related activities in any 

state of the United States, any foreign state or an Indian tribe. For purposes of this 

paragraph, "career offender" shall be defined as any person whose behavior is pursued in 
an occupational maimer or context for the purpose of economic gain utilizing such 

methods as are deemed criminal violations of Tribal law, Federal law or the laws and the 

public policy of the State. An "organized criminal organization" shall be defined as any 

group of persons who operate together as career offenders. 

M. Is a person whose prior activities, criminal record, if any, reputation, habits and 

associations pose a threat to the public interest of the Tribe or to the effective regulation 

and control of Gaming Activities, or creates or enhances the dangers of unsuitable, unfair 

or illegal practices, methods, and activities in the conduct of Gaming Activities, or the 

carrying on of the business and financial arrangement incidental thereto. 

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

Section 4.05 Temporarv Licenses 

The Gaming Commission may issue a temporary license to any person or entity applying for a 

License to work in or do business with a licensed Gaming Establishment, which temporary 

license shall be valid for ninety (90) days pending the completion of a background investigation 

of the applicant including an FBI fingerprint check through the NIGC or the California 

Department of Justice. No person shall be employed by the Gaming Operation who does not 

have a license after ninety (90) days. 

Section 4.06 Licensing of Employees and Primary Management Officials Employed in 

Class I1 or 111 Gaming and Licensing of Vendors, and Suppliers 

All Employees and Primary Management Officials must apply for and obtain a Tribal gaming 

license prior to employment in the Gaming Operation on lands subject to the Tribe's jurisdiction. 

The Commission shall include with these license requirements Vendors and Suppliers. Banks, 

savings and loans, or other financial institutions regulated by an agency of the United States or 

the State of California, and any agency of the United States, the State of California or any 

political subdivision thereof, hereby are exempted from the licensing requirements of this 

Ordinance. 

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

implemented and enforced. 

The Gaming Commission may authorize, require, and issue such licenses as the Commission 

may, by regulation, prescribe or require to any person or entity engaged in the selling, 

distributing, or supplying of gambling equipment or paraphernalia including gaming-related 

services and any equipment, supplies and/or materials, used in connection with operation of a 

licensed Gaming Facility or Gaming Operation, whether the gaming conducted is Class I1 or 

Class 111. 
A. Application Forms: 

1. The following notices shall be included on the application form for any License or 

Permit under this Ordinance: 

(a) "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 -sea. The purpose of the requested information is to 

determine the eligibility of individuals to be granted a gaming license. 

The information will be used by the Tribal gaming regulatory authorities,, 

the National Indian Gaming Commission ("NIGC") andor the State 

Gaming Agency members and staff who have need for the information in 

the performance of their official duties. The information may be disclosed 

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

foreign law enforcement and regulatory agencies when relevant to civil, 

criminal or regulatory investigations or prosecutions, or when pursuant to 

a requirement by a tribe or NIGC in connection with the issuance, denial, 

or revocation of a gaming license, or investigation of activities while 

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

disclosures indicated in this notice will result in a tribe's being unable to 

license you for a primary management official or key employee position." 

(b) "The disclosure of your Social Security Number (SSN) is voluntary. 

However, failure to supply a SSN may result in errors in processing your 

application." 

(c) "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 

lOOl)." 

2. Existing ICey Employees and Primary Management Officials shall be notified in 

writing that they shall either: 

(a) Complete a new application form that contains Privacy Act and false 

statement notices if the previous one they completed did not contain the 

Privacy Act or false statement notices, or 

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

notices. 

B. Baclcground investigations: No License shall be granted to an Applicant who has been 

determined to be a person or entity whose prior activities, criminal record, if any, or 
reputation, habits, and/or associations pose a threat to the public interest or to the 

effective regulation and control of gaming, or create or enhance the danger of unsuitable, 

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

carrying on of the business and financial arrangements incidental thereto. 

1. License Application Minimum Requirements: The Commission shall request 

from each License Applicant all of the following information: 

(a) Full name, other names used (oral or written, including nicknames), Social 

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

languages spolten or written. 

(b) Currently and for the previous ten years, all business and employments 

positions held, ownership interests in those businesses, business and 

residence addresses, and drivers license numbers (including state). 

(c) The names and current addresses and, if available, telephone numbers of 

at least three personal references, including one personal reference who 

was acquainted with the applicant at the residences listed under paragraph 

(l)(b) of this Subsection. 

(d) Current business and residence telephone numbers. 

(e) A description of any existing and previous business relationships with any 

Indian Tribe, including ownership interest in those businesses. 

( A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in those 

businesses. 

(g) The name and address of every licensing or regulatory agency with which 

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

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

withdrawn, revoked or suspended. 

(h) For each public offense (excluding infractions) for which there is an 

ongoing prosecution or a conviction, , the charge, the name and address of 

the court involved, the case number and the date and disposition if any. 

(i) For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic charges) for which the 

applicant is being prosecuted, was found guilty or pleaded no 

contest, the name and address of the court involved, the case 

number and the date and disposition. 
(ii) For each public offense (excluding infractions), whether or not 

there is a conviction, if such charge was filed within ten (10) years 

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

paragraph (1) (h) of this Subsection, the nature of the charge, the 

name and address of the court involved, the case number and the 

date and disposition. 

(iii) The name and address of each licensing or regulatory agency with 

which the person has filed an application for any occupational 

license or permit unrelated to gaming, whether or not such license 

or permit was granted, denied, withdrawn, suspended, or revolted. 

(iv) A current color photograph of sufficient quality to readily identify 

and accurately depicts the Applicant. 

(v) Fingerprints shall be required for all Employees and Primary 

Management Officials. Fingerprints are submitted to NIGC 

pursuant to our Memorandum of Understanding, entered into by 

the NIGC and the Sycuan Gaming Commission. The fingerprint 

information is sent to the FBI by NIGC. FBI utilizes the 

fingerprint records to conduct a criminal history check. 

(vi) Any other information the Commission may deem appropriate 

under the circumstances 

(i) If, in the course of a background investigation, the Tribe discovers that the 

Applicant has a notice of results on file with the NIGC from a prior 

investigation and the Tribe has access to the earlier investigative materials 

(either through the NIGC or the previous tribal investigative body), the 

Tribe may rely on such materials and update the investigation and 

investigative report completedpursuant to 25 CFR 8556.6 (b)(l). 

2. Minimum Background Investigation: The Commission shall conduct and 

document an investigation sufficient to make the determination required by 

Subsection E of this Subsection. In conducting a background investigation, the 

Commission shall promise to keep confidential the identity of each person 

interviewed in the course of the investigation. The minimum procedures for 

conducting a background investigation on all license applicants are: 

(a) Criminal history check through the California Department of Justice, 

including Municipal and Superior courts in California, in all known or 

disclosed places of residence or employment. 
(b) Submit fingerprints to FBI for a national criminal record check. 

(c) Verify business residence and history check, 

In addition to the above baclcground procedures, the Commission shall conduct 

the following for all Management Official and ltey employee applicants, and may, 

in its discretion, conduct the following for other applicants: 

(a) Civil judgment history check. 

(b) Financial and credit history check. 

(c) Reference checlc. 

(d) Business and personal associates checlc. 

(e) Education verification. 

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

3. The Commission is primarily responsible for the conduct of the background 

investigations and suitability determinations, subject to the requirements of IGRA 

and any Compact to which the Tribe is or may become a party. 

4. The Executive Director or hisiher designee shall be responsible for conducting, 

reviewing and either approving or disapproving the results of all background 

investigations. 

5. The Executive Director or hislher designee shall report the results of the 

background investigations to the NIGC and the State Gaming Agency for Key 

Employees and Primary Management Official license applicants. 

C. Investigative Report: The investigative reports shall describe the steps taken in 

conducting the baclcground investigation, results obtained, conclusions, basis for those 

conclusions, and suitability determination. 

D. Application Fee: The Commission shall set fees for applications, baclcground 

investigations and licenses sufficient to cover the costs of investigations, processing and 

issuing licenses. Vendor or Primary Management Official license fees shall be nondiscriminatory but may be base upon or limited to a percentage of the value of any 

contract or coinpensation. 

E. Eligibility Determination: The Commission shall review each Applicant's prior 

activities, criminal record, if any, and reputation, habits and associations to make a 
finding concerning the Applicant's eligibility for a Gaining License. If the Commission 

determines that licensing of the Applicant would pose a threat to the public interest or to 

the effective regulation of gaming, or create or enhance danger of unsuitable, unfair, or 

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

integrity or reputation of the Tribe or its Gaming Operation, a License shall not be 

granted. 

F. Granting a Temporary License: If after conducting a preliminary background 

investigation consisting of a criminal records check, verification of current residence and 

eligibility for lawful employment in the United States, the Commission determines that 

an Applicant is likely to meet the eligibility requirements under Subsection E of this 

Section, the Commission may issue a provisional gaming license to the Applicant. No 

person shall be employed at the Gaming Operation without at least a valid provisional 

license. A provisional license shall be effective pending completion of the full background 

investigation unless the Commission sooner receives credible information from either the 

NIGC or the State Gaming Agency that the Applicant is unsuitable for licensure. 

G. Notification of Results and Eligibility Determination 

1. Pursuant to the procedures set out in Subsection C of this Section, the Gaming 

Commission shall prepare an investigative report on each baclcground 

investigation to be filed in the Applicant's folder. 

2. The Gaming Commission shall submit a Notification of Results and the eligibility 

determination made under Subsection E of this Section to the NIGC within sixty 

(60) days after a Primary Management Official or Key Employee begins work. 

3. The Gaming Commission shall submit a copy of the investigative report and 

notification of results to the State Gaming Agency. 

4. If a License is not issued to applicant, the Commission: 

(a) Shall forward to the NIGC a notification of non-issuance; and 

(b) Shall forward copies of its eligibility determination and notice of results to 

NIGC for inclusion in the Indian Gaming Individuals Record System. 

5. With respect to License Applicants, the Commission shall retain applications for 

licensing, employment investigative reports and eligibility determinations (if any) 

of baclcground investigations for inspection by the Chairman of the NIGC or State 

Gaming Agency or their respective designees for no less than three (3) years from 

the date of termination, denial or revocation of a License or termination of 

employment, whichever is later. 
I Granting a Permanent Gaming License: 

1. If, within a thirty (30) day period after the NIGC receives a Notification of 

Results, the NIGC notifies the Cominission it has no objection to the issuance of a 

License pursuant to a License Application filed by a Key Employee or Primary 

Management Official for whom the Commission has provided an application and 

investigative report to the NIGC, the Commission may issue a permanent License 

to such applicant and shall notify the NIGC within thirty (30) days of such 

issuance. 

2. The Commission shall respond to a request for additional information from the 

Chairman of the NIGC concerning a Key Employee or a Primary Management 

Official who is the subject of a report. Such a request shall suspend the thirty (30) 

day period under Subsection H(l) of this Section until the Chairman of the NIGC 

receives the additional information. 

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

Gaming Commission with a statement itemizing its objection(s) to the issuance of 

a permanent license to a Key Employee or to a Primary Management Official for 

whom the Conlmission has provided a Notification of Results to the NIGC, the 

Commission shall reconsider the application, taking into account the objection(s) 

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

issue a permanent license to such Applicant. 

4. If, after issuing a gaming license, the NIGC notifies the Sycuan Gaming 

Commission of reliable information indicating that a Key Employee or Primary 

Management Official is not eligible for employment, upon receipt of such 

notification, the Gaming Commission shall immediately suspend the Gaming 

License. 

(a) Upon suspending the Gaming License, the Gaming Commission shall 

provide the Licensee with written notice of suspension and proposed 

revocation of the Gaming License. 

(b) The Gaming Commission shall notify the Licensee of a time and place for 

a hearing on the proposed revocation ofa License. 

(c) A right to a hearing under this section shall vest only upon receipt of a 

License granted under a Tribal Gaming Ordinance approved by the Chair 

of the NIGC. 

(d) After a revocation hearing, the Gaming Commission shall decide to 

revoke or to reinstate a Gaming License. The Commission shall notify the 
NIGC of its decision within forty-five (45) days or receiving notification 

from the NIGC pursuant to subsection 4. 

(e) All notices to the NIGC shall be provided to NIGC's Sacramento Regional 

Office, and the Gaming Commission may submit notices electronically 

after receiving guidance from the Sacramento Regional Office on 

acceptable document formats and means of transmission. 

I. Class I11 Gaming: In addition to the above, any Tribal-State licensing and/or certification 

requirements and procedures for Tribal licensing and/or State certification or licensing in 

a Compact between the Tribe and the State of California are adopted and incorporated 

herein by reference. 

J. Applicability of Ordinance: Unless specifically indicated otherwise, all provisions of this 

Ordinance shall apply to both Class I1 and Class I11 Ganling including, but not limited to, 

all licensing and background investigative procedures. 

Section 4.07 Waiver of Licensing for Certain Entertainers 

The Gaming Commission has determined that licensing of certain entertainers is not necessary to 

protect the public interest, regardless of the value of services provided, subject to the 

requirements of this Section. In the event the Tribe or Gaming Operation contracts directly with 

an entertainer, the Commission will waive the licensing requirements for an entertainer, 

employees of the entertainer, and Person providing personal services to the entertainer who are 

paid by the entertainer so long as: (A) the entertainer does not perform within the Gaming 

Facility more than three days in a calendar year; and (B) the entertainer, enlployees of the 

entertainer, and Persons providing personal services to the entertainer who are paid by the 

entertainer are not allowed tinescorted access to any secure area of the Gaming Facility. 

Performances ending after midnight that are part of a show or series of shows that started the 

previous evening will be considered part of the performance from the previous evening, and 

performances do not include setting up and tearing down the stage, props, or light and sound 

equipment, or warm-ups and sound checlts. The Commission may rescind this waiver if it has a 

reasonable, good faith belief that the entertainer, employees of the entertainer, or Persons 

providing personal services to the entertainer who are paid by the entertainer would pose a threat 

to the public interest. 

Section 4.08 Violation of Terms of License 

Violation of any material provision of this Ordinance or any of the Gaming Commission's 

Regulations by a Licensee, its agent, or employee shall be deemed contrary to the public health, 

safety, morals, good order and general welfare of the Tribe and the inhabitants of the Sycuan 

Reservation, and shall constitute grounds for refusing to grant or renew a License, suspension or 

revocation of a License, or for the imposition of sanctions by the Gaming Commission or its 

staff. Acceptance of a License or renewal on the part of the Licensee shall constitute the 
Licensee's agreement to be bound by all regulations and requirements of the Gaming 

Commission. It is the responsibility of the Licensee to keep informed of the contents of such 

Regulations, amendments, provisions, and conditions and ignorance thereof will not excuse the 

violations. All Licenses shall have not more than one-year duration and will require renewal 

thereafter in accordance with procedures set forth by the Gaming Commission. 

Section 4.09 Licensing of Gamine Facility 

The Gaming Commission shall license each Tribal Gaming Facility, which license shall be 

renewed annually. Prior to the issuance of a facility license, the Executive Director shall 

determine the following: 

A. That the Gaming Facility is constructed in conformance with all applicable building 

codes, and otherwise does not pose a threat to the health or safety of Patrons, employees 

or other occupants. 

B. That surveillance systems are in place to adequately provide for the safety and security of 

employees and patrons and for the protection of Tribal assets. 

C. That all employees are properly licensed and that the facility is otherwise in compliance 

with all applicable laws and regulations. 

Section 4.10 License Pees 

The Gaining Commission shall establish licensing fees for the Gaming Facility, employees and 

vendors that, at a minimum, recoup the actual costs of processing applications and related 

investigation. Any Gaming Facility licensing fee shall require the approval of the Business 

Committee. 

Section 4.11 Commissioners. Executive Director and Commission Employees 

Commissioners, Gaming Commission Executive Director and employees shall not be required to 

obtain gaming licenses, but Commissioners shall meet the same suitability standards as apply to 

a Primary Management Official under the regulations of the NIGC, including full background 

checks. 
CHAPTER 5 

AUDITING, FISCAL 

OVERSIGHT, AND 

INTERNAL CONTROLS 
Section 5.01 Minimum Procedures for Control of Internal Financial Affairs 

The Tribal Gaming Coinmission shall promulgate regulations for internal controls and financial 

audits of all gaming operations. At a minimum, those regulations shall: 

A. Prescribe minimum procedures for safeguarding the Gaming Operation's assets and 

revenues, including recording of cash and evidences of indebtedness and mandatory 

count procedures. Such procedures shall establish a control environment, accounting 

system and control procedures that safeguard the assets of the organization, assure that 

operating transactions are properly recorded and encourage adherence to prescribed 

policies. 

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

C. Provide for the adoption and use of internal audits by Tribal Gaming Commission 

auditors and Certified Public Accountants licensed to practice accounting in the State of 

California. 

D. Ensure that a uniform code of accounts and accounting classifications are formulated to 

assure consistency, comparability and effective disclosure of financial information. Such 

code shall require that records be retained that reflect statistical drop (amount of cash 

wagered by Patrons), statistical win (amount of cash won by the gaming operation) and 

the percentage of statistical win to statistical drop, or provide similar information for each 

type of game or each gaming device. 

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

Gaming Comn~ission. 

F. Provide for the maintenance of documentation (i.e., checklist, transaction forms, 

programs, reports, etc) to evidence all internal work performed as it relates to the 

requirements of this Section. 

G. Provide that all financial statements and supporting documentation relating to the 

Gaming Operation be maintained for a minimum of five (5) years. 

Section 5.02 Oversight of Internal Financial Affairs 

The Gaming Commission shall, by regulation, require and ensure that audits are conducted of all 

Gaming Operation financial statements and gaming related contracts as defined in 25 CFR 

§522.4(b)(4), at least annually. Such audits must: 

A. Be made by outside independent Certified Public Accountants licensed to practice public 

accounting. Such accountants shall be selected and contracted by the Gaming 

Commission. 
B. Include an opinion that the financial statement fairly and accurately presents the financial 

condition of the gaming operation in accordance with Generally Accepted Accounting 

Principles (GAAP) and in accordance with the Government standards of accounting and 

the gaming auditing standards established by the American Institute of Certified Public 

Accounts. 

C. Disclose whether the accounts, records and control procedures maintained by the gaming 

operation are as required by the Regulations promulgated by the Gaming Commission. 

D. Provide for preliminary review of the internal control structure upon adoption of the 

policies and procedures by the Gaming Facility, provide an opinion regarding the 

adequacy of controls, to disclose any deviation from prescribed rules and regulations, and 

report such finding to the Gaming Commission and Gaming Facility management. 

Section 5.03 Svcuan Tribal Gaming Commission's Right to Conduct Audits 

The Gaming Commission is authorized to retain its own staff auditors and accountants, or 

contract with an accountant(s), to conduct its own audits of any Gaming Operation, separate and 

apart from the annual audit of the Gaming Operation's financial statements and internal control 

compliance 

Section 5.04 Prohibition Against Embezzlement 

Any delay, maneuver or action of any kind which, in the opinion of the Executive Director of the 

Gaming Commission or Commissioners, is effectuated or attempted by any Licensee to 

unlawllly divert gaming or other proceeds properly belonging to the Tribe, shall constitute 

grounds for imposing sanctions upon that Licensee. If the Tribal Gaming Commission finds that 

an unlawful diversion was conducted or attempted, it shall sanction the Licensee. Sanctions may 

include fining, revoking, suspending, limiting or refusing to renew the License, or referring the 

matter for criminal prosecution andlor a civil action to recover funds and other property and 

enforcement of fines. 
CHAPTER 6 

AUTHORIZATION OF 

GAMING 
Section 6.01 Authorization of Gamincr 

The Gaming Commission may authorize the playing of any Class I1 or Class I11 game that 

lawfully may be played on the Tribe's Indian lands under applicable state or federal law. The 

Commission shall promulgate regulatiolls for rules governing all authorized games, including the 

equipment (chips, dice, cards, tiles, devices etc.) used in such games. The Commission shall 

comply with the procedural requirements, if any, of the Compact before authorizing any game. 

A game that the Commission determines is Class I1 shall be authorized to be conducted as a 

Class 11, unless or until the NIGC or a court of competent jurisdiction has entered a final 

judgment to the contrary and appeals have been exhausted or time for appeal has expired without 

an appeal being taken. 

Section 6.02 Approval of Gaming Equipment 

The Gaming Commission shall have the discretion to review all gaming equipment and other 

devices used in the Gaming Operation as to quality, design, integrity, fairness, honesty, and 

suitability. In addition, the Commission may: 

A. Require a prototype or sample of any model of gaming equipment or other device used in 

the Gaming Operation to be placed in the custody of the Executive Director andlor 

hisiher representative and retained as a control for comparison or testing purposes. 

B. Contract with independent Gaming Test Laboratory or other professional expertise it 

deems necessary or appropriate to test and ensure the integrity of gaming devices, 

equipment, supplies, etc. 

Section 6.03 Posting of Rules 

The rules of authorized table games shall be posted in a conspicuous location and shall be clearly 

legible. The rules of all games shall be available for inspection by Patrons upon request. Any 

evidence that game rules have been violated or that gaming equipment or other devices used in 

the Gaming Operation have been tampered with or altered in any way shall be immediately 

reported to the Gaming Commission. 

Section 6.04 Gaming Related Activity of the Tribe 

The Gaming Commission shall have full jurisdiction to apply and enforce its regulations over all 

gaming and gaming related activity on the lands of the Sycuan Indian Reservation. The 

Commission shall promulgate such regulations as it deems necessary to ensure the integrity of 

such activity and to ensure compliance with all applicable Tribal, Federal and state laws and 

regulations. Gaming Commission approval shall be required for any contracts related to any 

such gaming or gaming related activities. For purpose of this section, such gaming related 

activities include but are not limited to: 
A. The manufacturing, development, assembly, sales or distribution of any gaming 

machines, devices, equipments, software, or components thereof. 

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

C. Management or service contracts with other tribes, entities andlor persons related to 

gaming activities. 

D. Any financial loans, grants or other relationship with any tribe, entity andlor persons, 

related to gaming activity. 
CHAPTER 7 

EXCLUSION OR 

EJECTION OF 

INDIVIDUALS 
Section 7.01 List of Undesirables 

The Ganling Commission shall, by regulation establish a procedure for the listing of 

persons whose presence on the premises be excluded or ejected from any licensed 

Gaming Facility. The list may include any person whose presence in the Gaming Facility 

is determined by the Commission to pose a threat to the interest of the Tribe, the gaming 

public, or to licensed gaming. 

Section 7.02 Prohibition A~ainst Listed Individuals 

It shall be a violation of this Ordinance for any licensed employee to laowingly fail to 

exclude or eject from the Gaming Facility any person(s) placed on the list referred to in 

Section 7.01 of this Section. It shall be a violation of this Ordinance for any person 

whose name appears on the list referred to in Section 7.01 of this Section, to enter into or 

engage in any game at a duly licensed Gaming Facility, and any such presence shall be 

considered trespassing. "Ejection" from the Gaming Facility may, in the discretion of the 

Gaming Commission or Gaming Facility management, include removal of a non-member 

of the Sycuan Tribe from the Sycuan Indian Reservation. 

Section 7.03 Prohibition Against Underage Gaming 

It shall be a violation of this Ordinance for any Licensee to knowingly fail to exclude or 

eject from the Gaming Facility any individual who is under the age of eighteen years, 

except as such minors may be permitted in restaurants and other areas in which gaming is 

not being conducted, including walltways to such areas when accompanied by an adult 

and in transit to and from such noii-gaming areas. 
CHAPTER 8 

UNLAWFUL ACTS 
Section 8.01 Unlawful Acts 

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

commit any of the following acts: 

A. To alter or misrepresent the outcome of a game or other event on which wagers have 

been made after the outcome has been determined but before it has been revealed to the 

players. 

B. To place, increase or decrease a bet or to determine the course of play after acquiring 

Itnowledge, not available to all players, of the outcome of the game or laowledge or any 

event that may affect the outcome of the game or knowledge that is the subject of the bet 

or wager. 

C. To aid anyone in acquiring such laowledge as set forth in Subparagraph B for the 

purpose of increasing or decreasing a bet or wager, or for the purpose of determining the 

course of play contingent upon that event or outcome. 

D. To claim, collect or take, or attempt to claim collect or take money or anything of value 

in or from a gambling game with intent to defraud, without having made a wager 

contingent thereon, or to claim, collect or take an amount greater than the amount won. 

E. To knowingly entice or induce another to go to any place where a gambling game is 

being conducted or operated in violation of the provisions of this chapter, with the intent 

that the other person play or participate in the a gambling game. 

F. To place or increase a bet or wager, after acquiring knowledge of the outcome of the 

game or event, which is the subject of the bet or wager, including past-posting and 

pressing bets. 

G. To reduce the amount wagered or cancel the bet after acquiring knowledge of the 

outcome of the game or other event, which is the subject of the bet or wager, including 

pinching bets. 

H. To manipulate with intent to cheat any component of a gaming device in a manner 

contrary to the designed and normal operational purpose for the component, with 

knowledge or hope that the manipulation affects the outcome of the game or prize or with 

knowledge not commonly available to game participants of any event that affects the 

outcome of the game or prize. 

I. To solicit funds or anything of value from any patron or employee, except for 

solicitations authorized by the Gaming Commission as to time, place, manner or purpose. 

J. To take or attempt to take by theft or trick, any chip@), coin(s), tolen(s), machine credits, 

tokens, currency, or anything of value from any Patron or employee. 
K. To refuse to leave the Gaming Facility when requested. 

L. To deliberately or negligently damage or attempt to damage, any real or personal 

property, belonging to the Sycuan Tribe, or any Patron, employee, or Tribal Corporation 

on the Sycuan Indian Reservation. 

M. For an individual under 18 years of age to make any wager either directly or indirectly in 

any Class I1 or Class 111 gaming activity. 

N. To either intentionally or recklessly cause or threaten to cause injury or harm to the 

person of any Patron, employee, management officials, or Gaming Commission members 

or staff. 

0. To possess any chips, tokens, ticlcets, cards, device, paraphernalia, etc. that could 

reasonably be conducted to be useful in cheating, defrauding, manipulating, or altering 

any game gaming device, gaming equipment, machine, computer, or gaming supplies. 

P. For any employee to aid, conspire, collude or assist in any way any Person to win or have 

any unfair advantage to win any game, or otherwise to acquire anything of value unfairly, 

or to fail to report any such information to the Gaming Commission. 

Q. To offer or attempt to offer anything of value to a Licensee in an attempt to induce the 

Licensee to act in a manner contrary to the duties, or refrain from acting in a manner 

required by such duties, under applicable law or this Ordinance. 

R. To talce any action, or fail to tale any action, which intentionally delays, interferes with, 

or prevents the Gaming Commission from fulfilling its duties and responsibilities under 

this Ordinance or other applicable law or Regulation. 

S. To intentionally make any false, misleading, or untruthful statement to a Gaming 

Commission representative during the course of an official inquiry interview, 

investigation, hearing or proceeding that is conducted by, or on the behalf of, the Gaming 

Commission or the Sycuan Band of the Kumeyaay Nation. 

Section 8.02 Prohibition Against Electronic Aids - Card Games 

Except as specifically permitted by the Gaming Commission, no person shall possess with the 

intent to use, or actually use, at any table, either alone or in concert with others, any calculator, 

computer or other electronic, electrical or electromechanical device to assist in projecting the 

outcome of any table ganle, to keep track of or analyze the cards dealt, to change the 

probabilities of any table game or the playing strategies to be utilized. The Gaming Commission 

shall be authorized, in its discretion, to direct the exclusion and removal of persons known to be 

slcilled practitioners of "card counting" in blaclcjaclc. 
Section 8.03 Prohibition A~ainst Electronic Devices - Gaming Machines 

Except as specifically permitted by the Gaming Commission, no person shall possess with the 

intent to use, or actually use, at a gaming machine, either alone, or in concert with others, any 

calculator, computer or other electronic, electrical or electromechai~ical device to assist or 

change the outcome of any game played on a gaming machine or device. 

Section 8.04 Violations and Sanctions 

Any violation of this Section shall subject the violator to imposition of sanctions by the Gaming 

Commission. Such sanctions may include, but shall not be limited to, denial, suspension or 

revocation of a gaming license, civil fines, seizure and forfeiture of money or property andlor 

money damages, referral for criminal prosecution, or a combination of such sanctions. 
CHAPTER 9 

NIGC AND TRIBAL - 

STATE COMPACT 
Section 9.01 National Indian Gaming Commission - Regulations 

Notwithstanding any provision in this Gaming Ordinance or any regulation promulgated 

hereunder, the Gaming Commission is fully empowered to comply and secure compliance 

hereunder, the Commission is fully empowered to comply and secure compliance with all 

applicable regulations promulgated by the NIGC, including but not limited to, all requirements to 

report contracts, license applications, background checks, and other information to the NIGC as 

required by federal law. 

Section 9.02 National Indian Gaming Commission - Assessment 

Notwithstanding any provision in the Ordinance or any regulations promulgated hereunder, the 

Gaming Commission is fully empowered to ensure compliance with all assessments validly 

authorized by the NIGC pursuant to federal law. The Gaming Operation as directed by the 

Gaming Commission shall pay such assessment. 

Section 9.03 Compact with the State of California 

Notwithstanding any provision in this Ordinance or any regulation promulgated hereunder, the 

Gaming Commission is fully empowered to comply and secure compliance with the provisions 

of any Compact between the Tribe and the State of California. 
CHAPTER 10 

MISCELLANEOUS 
Section 10.01 Securitv 

Each licensed Gaming Facility must provide a security force adequate to reasonably assure the 

safety of patrons, employees, assets and property. The Gaming Commission shall license all 

security personnel. 

Section 10.02 Surveillance 

The Surveillance Department and all surveillance staff shall be employees of and report only to 

the Gaming Commission. All surveillance systems, equipments, rooms, etc., shall be under the 

exclusive control and jurisdiction of the Commission. 

Section 10.03 Gaming Pacilitv Mana~ement Contracts 

If the Tribe and/or its Tribal Business Committee at any time decide to enter into a Management 

Contract for the licensed Gaming Facility on Indian land, said contract will be executed and 

enforced in accordance with 25 U.S.C. Section 271 1 and the management of entity and personnel 

shall be subject to licensure by the Gaming Commission. 

Section 10.04 Environment, Public Health and Safety 

The construction, maintenance and operation of any facility in which Gaming Activities are to 

take place shall be in a manner which adequately protects the environment, public health and 

safety and shall comply with any otherwise applicable Tribal Ordinances, Ordinances or 

Regulatioils and Federal laws relating to environmental protection and public health and safety. 

The Gaming Commission shall be authorized and responsible to oversee and enforce all 

applicable environmental, public health and safety laws, regulations and standards. 

Section 10.05 Designated Agent 

The designated agent for notice of any official determination, order, or notice of violation by 

NIGC, as required by 25 C.F.R. 516.1, or of any Compact is the Executive Director of the 

Sycuan Tribal Gaming Commission. 

Section 10.06 Severabilitv 

If a court of competent jurisdiction holds any provision of this Ordinance, or its application to 

any purpose or circumstance, invalid, the full remainder of the provision or application of the 

provision to another person or circumstances shall not be affected and shall remain valid. If any 

provision of this Ordinance is determined to be in conflict with any applicable Federal or State 
gaming laws or regulations, or a current and future Compact, the applicable Federal or State laws 

and regulations or Compact provisions shall prevail as applicable to that conflicting provision of 

this Ordinance only. The remainder of this Ordinance shall remain valid and in effect. 

Section 10.07 Amendments 

This Gaming Ordinance may be amended by the Business Committee. All regulations 

promulgated by the Gaming Commission may be revised, repealed or amended by the Gaming 

Commissioners. 

Section 10.08 Effective Date and Supereedure 

This Amended Tribal Gaming Ordinance shall take effect when it has been approved or deemed 

approved by the Chairman of the National Indian Gaming Commission. Upon receipt of such 

approval, this Amended Tribal Gaming Ordinance shall replace any and all other Sycuan Tribal 

Gaming Ordinances.