AL 

OMMISSION 

MAE 3 0 1994 

Mary V. Thomas, Governor 

Gila River Indian Community 

P.O. Box 97 

Sacaton, Arizona 85247 

Dear Governor Thomas: 

This letter responds to your request to review and approve the 

tribal gaming ordinance adopted by the Gila River Indian 

Community (the Community) on December 15, 1993, and amended on 

March 23, 1994. This letter constitutes such approval under the 

Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian Gaming 

Commission (NIGC), the Chairman is directed to review ordinances 

with respect to the requirements of the IGRA and the implementing 

regulations. Thus, the scope of the chairman's review and 

approval is limited to the requirements of the IGRA and the NIGC 

regulations. P~ovisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

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

approval does not constitute approval of specific games. 

It is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Community's gaming ordinance, 

the Community is now required to conduct background 

investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application 

for each key employee and primary management official pursuant to 

25 C.F.R. S 556.5(a) and an investigative report on each 

background investigation before issuing a license to a key 

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

§ 556.5(b). 

Thank'you for'submitting the ordinance of the Gila River Indian , Community for review and approval. The NIGC staff and I look 

forward to working with you and the Community in implementing the 

IGRA. 

Sincerely yours, 

Antt\ony 4. tkj: 

Anthony J. Hope 

Chairman 

cc: Rodney 8. ~ewis, Esq. 

-.-- - 1850 M STREET. N W. SUITE 250 WASHINGTON. D.C. 20036 TEL.: 202-632-7003 FAX: 202-632-706_6_-., .. - 

I 
RIVER INDIAN COMMUNITY 

GILA RIVER INDIAN COMMUNITY 

GAMING ORDINANCE GR-03-94 

PlMA AGENCY 

SACATON 

THE GILA RIVER INDIAN COMMUNITY COUNCIL HEREBY ENACTS AN AMENDMENT TO THE 

CONSOLIDATED GAMING ORDINANCE GR-01-94 

WHEREAS, the economic well-being and prosperity of members of the Gila River 

Indian Community (the "Community") is a concern of the highest 

priority to its governing Council (the "Community Council"); and 

WHEREAS, the Community Council, empowered by the Community's Constitution and 

Bylaws (1960) to pass ordinances toward the fulfillment of its powers, 

hereby enacts this Ordinance in order to set the terms for the conduct 

of gaming operations on Community lands; and 

WHEREAS, the Community Council is fully empowered pursuant to act in matters 

related to the Community's commercial activities pursuant to; and 

WHEREAS, the Community, in ordsr to optimize employment opportunities for its 

members and produce revenues to support the provision of essential 

tribal services, desires to establish a gaming enterprise which 

includes the conduct of Class I1 and Class I11 gaming as such terms 

are defined in the Indian Gaming Regulatory Act, Public Law 100-497, 

25 U.S.C. $S 2701 et seq. (the "Act") and by the regulations 

promulgated by the National Indian Gaming Commission at 25 C.F.R. 

Section 502.3 (as published in the Federal Register at 57 FR 12382- 

12393, April 9, 1992) (the "Regulations"); and 

WHEREAS, the Community entered into a fully executed compact with the State of 

Arizona providing for the joint regulation of Class I11 gaming on the 

Gila River Indian Reservation (the "Reservation") on July 6, 1993 (the 

"Compact"); and 

WHEREAS, the Community recognizes that the economic success of a gaming 

enterprise is wholly reliant on its fair and effective regulation by 

the jurisdictions in which such enterprise is located; and 

WHEREAS, the Consolidated Gaming Ordinance GR-01-94, which the Community 

Council adopted on January 19, 1994, has been recommended for a 

revision by the Gov2rr.;nent and Management Standing Committee, 

specifically relating to the Gaming Enterprise being required to post 

vacancies and positions at least fifteen (15) days prior to filling a 

position or vacancy. 
Gila River Indian Community 

Gaming Ordinance GR-03-94 

Page 2 

NOW THEREFORE BE IT RESOLVED, that the Community Council hereby adopts the 

following amendment to the Consolidated Gaming Ordinance GR-01-94: 

00.514 ADVERTISEMENT OF POSITIONS 

All positions and vacancies in gaming enterprises situated 

within the exterior boundaries of the Reservation shall be posted at 

the Gaming Facility where the position is open and at least two other 

locations selected by the Commission for at least seven (7) days prior 

to filling the position or vacancy. The position notices shall 

contain a statement of minimum job qualifications, job duties, hours 

of work, compensation and shall outline the application procedure, 

including the application deadline. 

CERTIFICATION 

Pursuant to authority contained in Article XV, Section 1, (a), (5), (9), (12), 

(13), (18), (19), and Section 1 (b), (3), (5), (6), (8), and (9), and Section 4 

of the amended Constitution and Bylaws of the Gila River Indian Community, 

ratified by the Tribe January 22, 1960 and approved by the Secretary of the 

Interior on March 17, 1960, the foregoing Ordinance was adopted this 16th day 

of MARCH, 1994 , at a Regular Community Council meeting held in District #I, 

Blackwater, Arizona , at which a quorum of 2 members were present by a vote 

of 12 FOR; L OPPOSE; 2 ABSTAIN; 4 ABSENT; L VACANCY. 

GILA RIVER INDIAN COMMUNITY 

ATTBST : 

 APPRO^ : 

APR 0 5 1994' 

JJAL 

Superintendent, Pima Agency 
4 :.*-* 

GAM%NG ORDINANCE NO. GR-01- 

RECEIVED 

Tribal Operations 

JAN 2 7 19% 

>.. . Q 2, 

? Sp ",' p . C 

x. ;.--,q <; 

c, ~,,?&# (43 - --? 

. .J 

- -1 -- '.SS -.- ,. 

c; . $ c-is' -; ,? I, *. : : 2: 

(I, 
GILA RIVER INDIAN COMMUNITY 

GAMING ORDINANCE GR-01-94 

THE GILA RIVER INDIAN COMMUNITY COUNCIL HEREBY ENACTS THE FOLLOWING ORDINANCE 

JW ORDINANCE APPROVING A CONSOLIDATED GAMING ORDINANCE FOR THE GILA RIVER 

INDIAN COMMUNITY 

WHEREAS, the economic well-being and prosperity of members of the Gila River 

Indian Community (the "Community") is a concern of the highest 

priority to its governing Council (the "community Council"); and 

WHEREAS, the community council, empowered by the ~ommunity,~ Constitution and 

Bylaws (1960) to pass ordinances toward the fulfillment of its 

powers, hereby enacts this Ordinance in order to set the terms for 

the conduct of gaming operations on community lands; and 

WHEREAS, the community Council is fully empowered pursuant to act in matters 

related to the communityts commercial activities pursuant to; and 

WHEREAS, the Community, in order to optimize employment opportunities for its 

members and produce revenues to support the provision of essential 

tribal services, desires to establish a gaming enterprise which 

includes the conduct of class I1 and class 111 gaming as such terms 

are defined in the Indian Gaming Regulatory Act, Public Law 100-497, 

25 U.S.C. SB 2701 et seq. (the "Act") and by the regulations 

promulgated by the National Indian Gaming Commission at 25 C.F.R. 

Section 502.3 (as published in the Federal Register at 57 FR 12382- 

12393, ~pril 9, 1992) (the "~egulations"); and 

WHEREAS, the Community entered into a fully executed compact with the state 

of Arizona providing for the joint regulation of Class 111 gaming on 

the Gila River ~ndian Reservation (the "Reservation") on July 6, 

1993 (the "Compactw); and 

WHEREAS, the Community recognizes that the economic success of a gaming 

enterprise is wholly reliant on its fair and effective regulation by 

the jurisdictions in which such enterprise is located. 

NOW THEREFORE BE IT RESOLVED, that the community council hereby adopts the 

attached consolidated ~aming ordinance for the regulation of class 

11 and Class 111 gaming on the Reservation and in compliance with 

the provisions of the Act and the compact. 

BE IT FURTHER RESOLVED, that the Community Council hereby reaffirms its 

authorization for the conduct on its lands of Class I11 gaming as 

defined in the Act, Public Law 100-447, 25 U.S.C. SS 2703 (8) 

subject to the Regulations. 

BE IT FURTHER RESOLVED, that, to the extent that they are inconsistent with 

this ordinance, all prior gaming ordinances are hereby repealed. 
GILA RIVER INDIAN COMHUNITY 

GAMING ORDINANCE NO. GR-01-94 

Page 2 

BE IT FINALLY RESOLVED, that the Community council hereby delegates to the 

Governor and the Law Office the authority to revise and modify this 

ordinance in response to requirements of the National Indian Gaming 

commission and further that in the event that the Governor and the 

Law Office agree to any revision or modification of the Ordinance 

that the community Council be notified of any such revision or 

modification as soon as is practicable. 

CERTIFICATION 

Pursuant to authority contained in Article xv, section 1, (a), (5), (9), (12), 

(13), (18), (19), and section 1 (b) (3), (S), (6), (8) and (9) and section 4 

of the amended Constitution and Bylaws of the ~ila River Indian Community, 

ratified by the Tribe, January 22, 1960 and approved by the secretary of the 

Interior on March 17, 1960, the foregoing Ordinance was adopted this 19th day 

of January, 1994, at a Regular Council meeting held in District #3, sacaton, 

Arizona, at which a quorum of 2 members were present by a vote of 10 FOR: 2 

OPPOSE: 1 ABSTAIN: 4 ABSENT: Q VACANCY. ll;+~;;p2z~u~ I TY 

OVE OR 

ATTEST : 

Y UNITY COUNCIL S CRETARY 
GAMING ORDINANCE NO. GR-01-94 2 

<- 

G$l;*ver bdi! Community Gaming Ordinance No. GR-01-94 

TABLE OF CONTENTS 4 

W1110ra 

December 15, 1993 

CHAPTER 1 RULE OF INTERPRETATION AND DEFINITIONS 

00.101 Interpretation and Definitions as 

Used in This Title 

.m.UI 

January 19, 1994 

CHAPTER 2 GENERAL 

Page 4 of 61 

00.201 Ownership of Gaming Enterprises on the 

Reservation 

00.202 Use of Gaming Revenue 

CHAPTER 3 ADMINISTRATION 

Gila River Gaming Commission 

Necessary Powers 

Composition of the Commission 

Terms of Commissioners 

Selection of Officers 

Resignation of Commissioners 

Removal by the Community Council 

Vacancies 

Disqualification of Certain Persons from 

Commission Membership 

Commissioners Barred from Gaming on 

Reservation 

Oath of Office 

Compensation 

General Meetings 

Special Meetings 

Motions and Resolutions 

Quorum 

Quarterly Reports 

Regulations 

Audit 

Personnel 

The Executive Director 

Cooperation with Law Enforcement Agencies 

CHAPTER 4 LICENSING PROCEDURES 

Licensing Requirements, Generally 

License Application 

Application and Investigative Fees 

Summoning of Applicants 

Hearing on Applications 

Withdrawal of Applications 

Application After Denial 

Application for Employment After 

Denial or Revocation 

Unsuitable Affiliates 

Standards for Licensing 

Licensing of a Natural Person Under the 

Age of Twenty-One 
I_ 

tL * I.. .? 

CHAPTER 4 LICENSING PROCEDURES (con't.) 

~ila 'kver Indian Community 

WIw 

December 15, 1993 

Background Investigation 

Granting a Gaming License 

License Suspension 

Immediate Suspension 

Service of Process 

Contents of Complaint; Service 

Answer; Subpoenas 

Hearing, Written Decision 

Surrender of License 

Additional Sanctions 

Disciplinary Proceedings of the Commission 

Conduct of Disciplinary Hearings 

Evidence: Admissibility 

Evidence: Authentication and Identification 

Failure or Refusal to Testify 

Continuances 

Defaults 

Standards of Proof 

Decisions of the Commission 

Penalties 

Right to Appeal to Community Court 

v 

Gaming Ordinance No. GR-01-94 

CHAPTER 5 CONDUCT OF CLASS I1 AND CLASS I11 GAMING 

I 

lMllO 

January 19, 1994 

Financial Practices and Reporting of 

Gaming Enterprises; Monthly Reports 

Maintenance of Gaming Enterprise 

Financial Information 

Maintenance of Books and Records; 

Commission Access 

Allowable Operating Expenses 

Deposit of Gross Receipts; Payment of 

Operating Expenses 

Annual Audit 

Audit of Contracts 

Disposition of New Revenues 

Compliance with the Internal Revenue Code 

Players Required to be Present 

Employees; Prohibition Against Employees 

Playing Bingo 

Qualification for Employment; Testing 

Preference in Employment 

Advertisement of Positions 

Personnel Policies 

Property Report 

Employee Report 

Loans to Gaming Enterprises 

Operational Requirements 

Publication of Payoffs 

Gaming by Principals and Key Employees 

Transfer of Interest Among Licensees 

Slot Machines and Gaming Devices 

Regulation of Chips and Tokens 

Use of Chips and Tokens 

Page 5 of 61 
CHAPTER 5 CONDUCT OF CLASS I1 AND CLASS I11 GAMING (con't.) 

- 

00.526 Redemption and Disposal of Discontinued 

Chips and Tokens 

00.527 Destruction of Counterfeit Chips and Tokens 

00.528 Other Instrumentalities 

00.529 Premises Open to Commission 

C 

~ila' sver Indian Community 

CHAPTER 6 CONDUCT OF CLASS I1 GAMES 

Gaming Ordinance No. GR-01-94 

00.601 Merchandise Prizes 

00.602 Prize Purchase Prices 

00.603 No Limit on Prizes 

00.604 Class I1 Rules of Play 

00.605 Players Entitled to Verification 

CHAPTER 7 ACCOUNTING PROCEDURES 

weDecember 15, 1993 

00.701 Gaming Enterprise Audit Procedures 

00.702 .Accounting Records 

00.703 Standard Financial Statements 

00.704 Internal Controls 

00.705 State Gaming Agency 

00.706 Enforceability of Credit Instruments 

CHAPTER 8 CLASS I GAMING 

A 

emsJanuary 19, 1994 

00.801 Class I Games Exempt from Provisions of 

This Title 

00.802 

Page 6 of 61 

CHAPTER 9 CRIMES AND LIABILITIES CONCERNING GAMING 

Fraudulent Acts 

Use of Device for Calculating Probabilities 

Use of Counterfeit or Unapproved Chips or 

Tokens or Unlawful Coins or Devices; 

Possession of Certain Devices, Equipment 

Products or Materials 

Cheating 

Unlawful Manufacture, Sale, Distribution, 

Marking, Altering or Modification of 

Equipment and Devices Associated with 

Gaming; Unlawful Instruction 

Penalties 

Unlawful Dissemination of Information 

Concerning Racing; Exemptions; Penalty 

Detention and Questioning of Persons 

Suspected of Violating Chapter; 

Limitations on Liability; Posting of 

Not ice 

Disposition of Evidence Seized by Agent of 

the Tribal Gaming Agency or the State 

Gaming Agency 
CHAPTER 10 JURISDICTION; STANDARD OF REVIEW 

h 6 -- 

00.1001 Jurisdiction in the Community Court 

00.1002 Community Court Jurisdiction 

00.1003 Violations; Jurisdiction; Enforcement of 

Subpoena 

00.1004 Enforcement of Commission Subpoenas 

011. kvsr Indian Community Gaming Ordinance No. GR-01-94 

IYIh7T&e I 

December 15, 1993 

.MI* 

January 19, 1994 Page 7 of 61 
I 

CHAPTER 1 - RULE OF INTERPRETATION AND DEFINITIONS 

(Xila aver Indian Community 

WPb7r.e 

- December 15, 1993 

00.101 INTERPRETATION AND DEFINITIONS AS USED IN THIS TITLE 

Gaming Ordinance No. GR-01-94 

A. Unless a different meaning is clearly indicated, the terms used herein 

shall be interpreted to have the same meaning as defined in the Indian 

Gaming Regulatory Act, Public Law 100-497, 25 U.S.C. Sections 2701 & 

m. (the "Act") and bv the requlations Dromulaated by the National 

Indian Gamins Commission at 25 C.F.R. Section 502.3 (as ~ublished in 

the Federal Resister at 57 FR 12382-12393, A~ril 9, 1992) and the Gila 

River Indian Community-State of Arizona Gaming Compact (the 

"Compact"). 

I .M'LD 

January 19, 1994 

B. Definitions as used in this title 

Page 8 of 61 

1. Act shall mean the Indian Gaming Regulatory Act, Public Law 100- 

497, 25 U.S.C. Sections 2701 et seq. 

. Applicant shall mean any person who or organization which has 

applied for or intends to apply for a License, certification or 

other finding of suitability under the provisions of this 

Ordinance, or employment with Tribal gaming enterprises situated 

on the Reservation, or approval of any transaction required or 

permitted under the provisions of the Act, the Compact or this 

Title. 

Application shall mean a request for the issuance of a License, 

or finding of suitability, or for employment by the Tribal 

gaming enterprises situated on the Reservation, or for approval 

of any act or transaction for which approval is required or 

permitted under the provisions of the Compact or this Ordinance. 

Bingo shall mean the game of chance classified as Class I1 

gaming hereunder. 

Bingo Equipment shall mean, with respect to Class I1 gaming, 

bingo gaming, the receptacle from which markers designating 

numbers or other figures in play are drawn; the master board 

upon which such objects are placed as drawn; the cards or sheets 

bearing numbers or other designations to be covered during play 

and the objects used to cover them; the board or signs, however 

operated, used to announce selected numbers or designations as 

they are drawn; the public address system employed during play; 

and all other articles employed in the conduct and playing of 

bingo. 

Board of Directors shall mean the management board of tribal 

gaming enterprises located on the Reservation. 

Business Year shall mean the annual period used by a gaming 

enterprise located within the exterior boundaries of the 

Reservation for internal accounting purposes. 

Cheat shall mean acts committed with the intention of altering 

the selection of criteria which determine: 

a. the result of a game subject to the provisions of this 

Title; or 

b. the amount of frequency in payment in a game subject to the 

provisions of this Title. 
O~li-hver Indian Community 

00.101 INTERPRETATION AND DEFINITIONS AS USED IN THIS TITLE (con't.) 

Gaming Ordinance No. GR-01-94 I Wlylrm 

December 15, 1993 

9. Chip shall mean a non-metal or partly metal representative of 

value, redeemable for cash and issued and sold by a gaming 

enterprise located within the exterior boundaries of the 

Reservation, for use at table or counter games at the 

Enterprise. 

1 i 

10. Class I Gaming shall mean social games of chance played solely 

for prizes of negligible value and traditional forms of Indian 

gaming engaged in by individuals as a part of, or in connection 

with, Tribal ceremonies or celebrations. 

IMID 

January 19, 1994 

11. Class II Gaming shall mean: 

Page 9 of 61 

a. the game of chance commonly known as bingo (whether or not 

electronic, computer, or other technological aids are used 

in connection therewith): 

(1) which is played for prizes, including monetary prizes, 

(2) with cards bearing numbers or other designations, 

(3) in which the holder of the card covers such numbers or 

designations when objects, correspondingly numbered or 

designated, are drawn or electronically determined, 

(4) in which the game is won by the first person covering 

an arrangement of numbers or designations determined 

by the drawing of corresponding numbers or 

designations, and 

(5) shall include, if played in a location where other 

Class I1 games are conducted, pull-tabs, lotto, punch 

boards, tip jars, instant bingo, and other games 

similar to bingo, and 

b. card games that-- 

(1) are explicitly authorized by the laws of the State of 

Arizona, or 

(2) are not explicitly prohibited by the laws of the State 

of Arizona and are played at any location in the 

State, but only if such card games are played in 

conformity with those laws and regulations (if any) of 

the State regarding hours or periods of operation of 

such card games or limitations on wagers or pot sizes 

in such card games. 

c. The term "Class I1 gaming" does not include-- 

(1) any banking card games, including baccarat, chemin de 

fer, or blackjack (21), or 

(2) electronic or electromechanical facsimiles of any game 

of chance or slot machines of any kind. 
00.101 INTERPRETATION AND DEFINITIONS AS USED IN THIS TITLE (con't.) 

\F 

12. Class I11 gaming shall mean all other forms of games of chance 

that are not Class I gaming or Class 11 gaming, as defined in SS 

4(6) and 4(7) of the Act, 25 U.S.C. SS 2703(6) and (7). 

L 

13. Commission shall mean the Gila River Gaming Commission 

established hereunder at Chapter Three which agency shall be the 

Tribal Gaming Office for purposes of the Compact. 

14. Commissioner shall mean a member of the Gila River Gaming 

Commission. 

G%lc -& lver Indian Community Gaming Ordinance No. GR-01-94 

15. Community shall mean the Gila River Indian Community, and as 

represented in their authorized capacities, its officials, 

agents and representatives. 

UIBCrW 

December 15, 1993 

16. Community Council shall mean the Gila River Indian Community 

Council, the governing body of the Gila River Indian Community. 

17. Community Court shall mean the Gila River Indian Community 

Court. 

IMIW 

January 19, 1994 

18. Community Treasurer shall mean the Treasurer of the Gila River 

Indian Community. 

Page 10 of 61 

19. Compact shall mean the Gila River Indian Community-State of 

Arizona Gaming Compact of July 6, 1993, as may from time to time 

be amended. 

20. Constitution shall mean the Constitution and Bylaws of the Gila 

River Indian Community, Arizona (March 17, 1960). 

21. Credit Officer shall mean the employee or employees of a Tribal 

gaming enterprise authorized to extend credit to gaming patrons 

or gratuities to persons or organizations. 

22. Distributor shall mean a person who distributes gaming devices 

for use or play in the gaming enterprises. 

23. Enterprise shall mean any corporation (other than a publicly 

traded corporation as defined hereinafter), firm, partnership, 

limited partnership, trust, or other form of business 

organization other than a Tribal enterprise wholly owned by the 

Community; provided, however, that the term shall also include 

each corporation, firm, partnership, limited partnership, trust 

or other form of business organization not a natural person 

which, directly or indirectly, owns, has the power or right to 

control or holds the power to vote all or any part of the 

outstanding voting securities, partnership interests, limited 

partnership interests or beneficial interest in a trust which 

holds or applies for a License or finding of suitability under 

the provisions of this Title or the Compact. 

24. Equity Security, with respect to each of the following shall 

mean : 

a. Corporation - Any voting stock, or similar security; and 

security convertible, with or without consideration, into 

such a security, or carrying any warrant or right to 

subscribe to or purchase such a security; any warrant or 
I! Gila'Mver Indian Community Gaming Ordinance No. GR-01-94 

00.101 INTERPRETATION AND DEFINITIONS AS USED IN THIS TITLE (con't.) 

UP-M 

December 15, 1993 

right; or any security having a direct or indirect 

participation in the profits of the issuer. 

b. Limited Partnership - An interest representing the right of 

a general or limited partner to receive from a limited 

partnership: 

4 

,MID 

January 19, 1994 

(1) a share of the profits; any other compensation by way 

of income; 

Page 11 of 61 

(2) a return of any or all of his or her contribution to 

capital of the limited partnership; or 

(3) the right to exercise any of the rights or powers 

provided in Title 29 of the Arizona Revised Statutes. 

c. Partnership - An interest representing the right of a 

partner to receive from a partnership a share of the 

profits; any other compensation by way of income; or a 

return of any or all of his or her contribution to capital 

of the partnership; or the right to exercise any of the 

rights or powers provided in Title 29 of the Arizona 

Revised Statutes. 

25. Executive Director shall mean the Executive Director of the 

Commission. 

26. Finding of Suitability shall mean an approval granted by the 

Community or the State of Arizona to a person or enterprise 

providing services or supplies, directly or indirectly, to 

Tribal gaming enterprises situated on the Reservation and 

relates only to the specified involvement for which application 

was made. If the nature of the person's or enterprise's 

involvement changes from that for which the Applicant was found 

suitable, the Commission or the Arizona State Gaming Agency may 

require the person or enterprise to submit for a determination 

of suitability in the new capacity sought. 

27. Fiscal Year shall mean a period of twelve (12) consecutive 

months chosen by a gaming enterprise located within the exterior 

boundaries of the Reservation as the accounting period for its 

annual financial reports. 

28. Founding Commissioner shall mean a Commissioner appointed when 

the Commission is first established. 

29. Gaming Device shall mean any equipment or mechanical, 

electromechanical or electronic contrivance, component or 

machine used remotely or directly in connection with gaming or 

any game which affects the result of a wager by determining win 

or loss. The term includes a system for processing information 

which can alter the normal criteria of random selection, affect 

the operation of any game or determines the outcome of a game. 

The term does not include a system or device which affects a 

game solely by stopping its operation so that the outcome 

remains undetermined. 
00.101 INTERPRETATION AND DEFINITIONS AS USED IN THIS TITLE (con't.) 

Gila ~fver Indian Community 

30. Gaming Employee shall mean any natural person employed in the 

operation or management of the Corporation, including: 

Gaming Ordinance No. GR-01-94 

a. Key Employees; 

b. Accounting or internal auditing personnel who are directly 

involved in any record keeping or the examination of 

records associated with revenue from gaming; 

s.llOm 

December 15, 1993 

c. Boxmen; 

d. Cage and counting room personnel; 

.MID 

January 19, 1994 

e. Cashiers; 

Page 12 of 61 

f. Change personnel; 

g. Collection personnel; 

h. Floormen; 

i. Hosts or other persons authorized to extend complimentary 

services; 

j. Keno runners and writers; 

k. Machine mechanics; 

1. Odds makers and line setters; 

m. Security personnel; 

n. Shift bosses; 

o. Supervisors or Managers; 

p. Surveillance personnel; and 

q. Ticket writers. 

31. Gaming Equipment shall mean any equipment other than a gaming 

device as defined herein, including dice, playing cards, 

equipment which affects the proper reporting of gaming revenue, 

computerized systems of betting at a sports pool, computerized 

systems for monitoring gaming devices and devices for weighing 

or counting money. 

32. Gaming Facility or Gaming Facilities shall mean the land 

together with all buildings, improvements and facilities used or 

maintained in connection with the conduct of gaming on Tribal 

lands as authorized pursuant to the Act, the Compact, and this 

Title. 

33. Gaming Services shall mean the goods and services other than 

legal services provided in connection with the conduct of gaming 

within the exterior boundaries of the Reservation and shall 

include without limitation bingo and gaming equipment and gaming 

devices, transportation, food, linens, janitorial supplies, 

maintenance, and security services for the gaming enterprises, 
00.101 INTERPRETATION AND DEFINITIONS AS USED IN THIS TITLE (con't.) 

~iia ~iier Indian Community 

whenever delivery of such goods and services results in an 

expenditure by the Corporation in an amount exceeding $10,000 in 

any single month. 

Gaming Ordinance No. GR-01-99 

34. Governor shall mean the Governor of the Community. 

35. General Counsel shall mean the General Counsel of the Community. 

36. Gross Revenue or Gross Receipts shall mean, with respect to 

Tribal gaming enterprises, the total of all cash received in the 

conduct of gaming operations, cash received in payment for 

credit extended to patrons (unless the Tribal gaming enterprise 

is a party to a wager placed in the transaction) and 

compensation received for the conduct of games, less the total 

of all cash paid out as loss to patrons. 

Page 13 of 61 VItC7r.m 

December 15, 1993 

37. Internal Control System shall mean the written administrative 

and accounting procedures implemented to ensure effective 

control over the internal fiscal affairs of the gaming 

enterprises within the exterior boundaries of the Reservation. 

IMSUI 

January 19, 1994 

38. Interstate Common Pari-Mutuel Pool shall mean pooled pari-mutuel 

wagers placed at a track, its intrastate betting locations and 

other jurisdictions and off-track pari-mutuel wagers placed and 

accepted by pari-mutuel books. 

- 39. Kev Employee shall mean a Gamina Em~loyee who performs one or 

more of the followins functions: 

a. Binao Announcer; 

b. Countina room supervisor; 

c. Chief of Security; 

d. Custodian of saminq supplies and cash; 

e. Floor Manaaer; 

f. Pit Boss; 

g. Dealer; 

h. Croupier; 

i. Credit Officer; 

k. Custodian of aamina devices, includina persons with access 

to cash and accountina records within such devices: and 

(1) with respect to any other person or orsanization: 

(a) those receiving cash compensation from gaming proceeds 

in excess of $50,000 per year; and 

(b) the four most highly compensated persons in the gaming 

enterprise. 
00.101 INTERPRETATION AND DEFINITIONS AS USED IN THIS TITLE (con't.) 

1 

40. Lease shall mean any formal or informal, written or oral 

contract, understanding or arrangement whereby any Licensee 

providing services to a gaming enterprise located within the 

exterior boundaries of the Reservation obtains the use or 

possession of any property, whether real or personal, to be 

used, occupied or possessed in connection with such gaming 

enterprise. Such term shall be understood to include, any 

payment under a real property lease, personal property lease, 

unsecured note, deed of trust, mortgage or a trust indenture, 

without regard to the existence of relationships of affiliation 

or control between the parties thereto. 

41. Lessor shall mean any person who leases or rents any property, 

whether real or personal, to a gaming enterprise located within 

the exterior boundaries of the Reservation. 

Gila ~lver Indian Community 

42. License shall mean an approval, evidenced in writing, issued by 

the Commission to any person or organization to be involved in 

the conduct of gaming or provide gaming services to a gaming 

enterprise. 

Gaming Ordinance No. GR-01-94 

43. Licensee shall mean any natural person or enterprise approved, 

Licensed, certified or otherwise found suitable by the 

Commission to be involved in the conduct of gaming or provide 

services to gaming enterprises situated within the exterior 

boundaries of the Reservation. 

44. Live Broadcast shall mean an audio and video transmission of a 

race or series of races as simultaneously occur at a track, 

whether or not furnished by a disseminator or for a fee. 

vrana 

December 15, 1993 

45. Manufacturer shall mean a person who or organization which 

manufactures slot machines or gaming devices for use or play in 

the conduct of gaming conducted within the exterior boundaries 

of the Reservation. 

46. Net Revenue or Net Income shall mean gross receipts of a gaming 

activity less amounts paid out as, or paid for, prizes, 

winnings, and total operating expenses. 

wsrrsro 

January 19, 1994 

47. Off-Track Pari-Mutuel Wager shall mean a wager placed by a 

patron and accepted by the Corporation's pari-mutuel book on a 

race or races offered as part of an interstate common parimutuel pool, whether or not the wager is actually included in 

the total amount of the interstate wagering pool. 

Page 14 of 61 

48. Paraphernalia for Manufacturing Slugs shall be understood to 

mean the equipment, products and materials intended or designed 

for use in manufacturing, producing, fabricating, preparing, 

testing, analyzing, packaging, storing or concealing a 

counterfeit facsimile of the chips or tokens approved by the 

Commission or a lawful coin of the United States, the use of 

which is unlawful. The term includes, but is not limited to: 

a. lead or lead alloys; 

b. molds, forms or similar equipment capable of producing a 

likeness of a gaming token or United States coin; 
INTERPRETATION AND DEFINITIONS AS USED IN THIS TITLE (con't.) 

Gila ~iber Indian Community 

c. melting pots or other receptacles; 

Gaming Ordinance No. GR-01-94 

d. torches; and 

e. ' tongs, trimming tools or other similar equipment. 

UIeCWa 

December 15, 1993 

49. Pari-Mutuel shall mean a system of wagering on a race or 

sporting event whereby the winners divide the total amount 

wagered, after deducting commission, fees and taxes in 

proportion to the amount individually wagered. 

50. Primarv Manaqement Official shall mean, with respect to a Tribal 

samina enterprise: 

*MIJanuary 19, 1994 

- a. any Derson who has the authoritv to: 

Page 15 of 61 

(1) hire or fire emplovees; 

12) establish workina policy for the conduct of aamina: or 

- b. The chief financial officer or other Derson who has 

financial manaaement responsibility for a Tribal Gaminq 

Enterprise. 

51. Principal shall mean with respect to each of the following: 

a. Corporation - Each of its officers and directors; each of 

its principal management employees, including any chief 

executive officer, chief financial officer, chief operating 

officer, or general manager; and each beneficial owner of 

voting securities. 

b. Limited Partnership - Each general partner and each limited 

partner owning more than ten (10) percent of an individual 

limited partnership interest. 

c. Partnership - Each equity holder or partner. 

d. Proprietorship - Each equity holder. 

e. Publicly Traded Corporation - Each officer, director and 

employee that is, or is to become, actively and directly 

engaged in the administration and supervision of, or has or 

is to have any other significant involvement with, the 

activities of a subsidiary that is or will be involved in a 

Tribal gaming enterprise situated within the exterior 

boundaries of the Reservation; and each shareholder who 

owns more than ten (10) percent of the voting securities 

thereof. 

f. Trust - Each trustee and beneficiary. 

g. Natural Person - Each person other than a banking 

institution, insurance company, investment company 

registered under the Investment Company Act of 1940, or 

investment banking firm, who has provided financing for an 

enterprise constituting more than ten (10) percent of the 

total financing of the enterprise. 
00.101 INTERPRETATIONAND DEFINITIONS AS USED IN THIS TITLE (con't.) 

~ila ~i;er Indian Community 

52. Publicly Traded Corporation shall mean any corporation or other 

legal entity other than a natural person which has one or more 

classes of securities registered pursuant to Section 12 of the 

Securities Exchange Act of 1934, as amended (15 U.S.C. S 781), 

or is an issuer subject to Section 15(d) of the Securities 

Exchange Act of 1934, as amended (15 U.S.C. S 780). 

Gaming Ordinance No. GR-01-94 

53. Race Book shall mean the business of accepting wagers upon the 

outcome of any event held at a track which uses the pari-mutuel 

system of wagering. 

54. Regulation shall mean a rule, standard, directive or statement 

mandated to be uniformly applied which effectuates the 

provisions and policy of this Title, the Compact or a policy of 

the Community. 

55. Reservation or Tribal Lands shall mean Gila River Indian 

Community Indian lands as defined by 25 U.S.C. Sections 2703 

Page 16 of 61 YIIIOwa 

December 15, 1993 

(4)(A) aid (B), subject to the provisions of 25 U.S.C. Section 

2719. 

.m,w 

January 19, 1994 

56. Slot Machine shall mean any mechanical, electrical or other 

device, contrivance or machine which, upon insertion of a coin, 

token or similar object or payment of any consideration, is 

available to play or operate and, whether by reason of the 

operator's skill or application of the element of chance, may 

deliver or entitle the person playing or operating the machlne 

to receive cash, premiums, merchandise, tokens or something of 

value, whether the payoff is made automatically from the machine 

or in another manner. 

57. Sports Pool shall mean the business of accepting wagers on 

sporting events by any system or method of wagering other than 

the system known as the pari-mutuel method of wagering. 

58. State shall mean the State of Arizona and, when acting in their 

authorized capacities, its authorized officials, agents and 

representatives. 

59. Statements of Auditing Standards shall mean the auditing 

standards of procedures published by the American Institute of 

Certified Public Accountants. 

60. Statistical Drops shall mean the dollar amount of cash wagered 

by a patron of a gaming enterprise, which amount is placed in 

the drop box plus the dollar amount of chips or tokens purchased 

with currency or a credit instrument. 

61. Statistical Wins shall mean the dollar amount won by the gaming 

enterprise through table play. 

62. State Gaming Agency shall mean the agency designated by the 

State in written notice to the Community as the single State 

agency primarily responsible for oversight of Class I11 gaming 

as authorized by the Compact. 

63. Subsidiary shall mean a corporation all or any part of the 

outstanding voting securities of which are owned, subject to a 

power or right of control, or held with power to vote, by a 

publicly traded corporation or other holding company. 
00.101 INTERPRETATION AND DEFINITIONS AS USED IN THIS TITLE (con't.) 

Gila ~iver Indx-a Community Gaming Ordinance No. GR-01-94 

64. Token shall mean a metal representative of value, redeemable for 

cash, issued and sold by a gaming enterprise located within the 

exterior boundaries of the Reservation for use in slot machines 

and table or counter games at the gaming enterprise. 

wpm 

December 15, 1993 

65. Track shall mean a facility licensed to conduct horse or other 

racing where pari-mutuel wagering is conducted on such races. 

Where applicable, the term shall also include track operators, 

whether natural persons or governmental agencies and 

associations of track operators. 

66. Tribal Gaming Enterprise or Gaming Enterprise shall mean any 

enterprise established to conduct Class I1 or Class I11 gaming 

as defined herein, is owned by the Community and situated on 

lands within the exterior boundaries of the Reservation at which 

gaming is conducted. 

ItwIen 

January 19, 1994 

67. Wager shall mean a sum of money or thing or value risked on an 

uncertain occurrence in Class I1 or Class I11 gaming. 

Page 17 of 61 

CHAPTER 2 - GENERAL 

00.201 OWNERSHIP OF GAMING ENTERPRISES ON THE RESERVATION 

The Communitv shall have the sole proprietary interest in the conduct of 

any Class I1 or Class I11 aaminq o~eration located within the exterior boundaries of 

the Reservation. No Class I1 or Class I11 gaming enterprise except those owned 

solely by and operated by the Community shall be allowed to conduct gaming within the 

exterior boundaries of the Reservation. 

00.202 USE OF GAMING REVENUE 

A. Net revenues from Class I11 qaminq shall be used onlv for the 

followins purposes: 

- 1. To fund Communitv qovernment operations and proqrams: 

- 2. To provide for the qeneral welfare of the Community and its 

members ; 

- 3. To promote Communitv economic development; 

- 4. To donate to charitable oraanizations: and 

- 5. To fund operations of local qovernment aqencies of the 

Cornmun itv . 

B. If the Communitv elects to make per capita pavments to Communitv 

members, it shall authorize such payments only upon approval of a plan 

submitted to the Secretarv of the Interior as prescribed accordins to 

25 U.S.C. Section 2710(B)13). 

C. Any facility housinq a qaminq enterprise shall be constructed, 

maintained and operated in a manner that adequatelv protects the 

environment and the public health and safety. 
CHAPTER 3 - ADMINISTRATION 

< 8 

00.301 GILA RIVER GAMING COMMISSION 

The Community Council hereby establishes the Gila River Gaming Commission 

for the purpose of regulating all gaming conducted within the exterior boundaries of 

the Reservation. 

- 

~ila Riber Indian Community 

00.302 NECESSARY POWERS 

Gaming Ordinance No. GR-01-94 

The Commission shall exercise all proper power and authority necessary to 

effectuate the purposes of this Title. The Commission shall meet with the Executive 

Director not less than once a month to make recommendations and set policy, to 

approve or reject reports of the Executive Director and transact other business that 

may be properly brought before it. The Commission is vested with powers including 

but not limited to the following: 

A. To permit or refuse permission for the operation or conduct, in whole 

or in part, of Class I1 or Class I11 gaming within the exterior 

boundaries of the Reservation and to specify the conditions therefor. 

YI.OM 

December 15, 1993 

B. To grant, suspend, or revoke Licenses to subject persons and 

organizations in accordance hereto. 

C. To monitor and oversee the operation and conduct of gaming within the 

exterior boundaries of the Reservation on a continuing basis, 

including ongoing monitoring and oversight of Licensees engaged in the 

operation and conduct of gaming. 

0MI.D 

January 19, 1994 

D. To inspect and examine all premises at which gaming is conducted 

within the exterior boundaries of the Reservation. 

Page 18 of 61 

., 

E. To conduct or cause to be conducted background investigations of 

persons employed or contracted with in relation to the operation or 

conduct of gaming within the exterior boundaries of the Reservation. 

F. To inspect, examine, photocopy and audit all papers, books and records 

respecting gross receipts of gaming activities operated or conducted 

within the exterior boundaries of the Reservation and any other 

matters necessary to carry out the duties pursuant hereto. 

G. To bring suits in the Community Court seeking temporary and permanent 

orders to close gaming prohibited hereunder. 

H. To enter into contracts with Tribal, federal, state and private 

entities for activities and services necessary for the discharge of 

its duties. 

I. To cooperate with the State Gaming Agency and National Indian Gaming 

Commission for the enforcement of applicable federal regulation of 

gaming conducted within the exterior boundaries of the Reservation. 

J. Subject to approval by the Community Council, to recommend an annual 

budget of the Commission. 

K. Subject to approval by the Community Council, to establish fees for 

Applications for Licenses. 
11 C3iila ~iber Indiancommunitv I Gamins Ordinance No. GR-01-94 11 

NECESSARY POWERS (con't.) 

Ulb3m 

December 15, 1993 I 

L. To require, through its powers to subpoena, the attendance and 

testimony of witnesses and the production of all books, papers and 

documents' relating to any matter under consideration or investigation 

by the Commission and bring actions in the Community Court for the 

enforcement of such subpoenas. 

M. To administer or cause to have administered oaths and affirmations to 

witnesses appearing before the Commission. 

lMILD 

January 19, 1994 

N. To hear appeals arising under Subsection 13 (c) and Sections 14 and 15 

of the Compact. 

Page 19 of 61 

0. To keep minutes, records and books in which shall be kept a true, 

faithful, and correct record of all proceedings of the Commission. 

P. To recommend amendments to this Title to the Community Council. 

Q. To submit an annual report to the Community Council regarding the 

activities of the Commission and information pertaining to funding, 

income and expenses of the Commission. 

R. To hire personnel or consultants necessary for the effective and 

efficient operation and conduct of all gaming regulated pursuant 

hereto. 

S. To promulgate rules and regulations as it deems appropriate to 

implement the provisions herein. 

00.303 COMPOSITION OF THE COMMISSION 

The Commission shall consist of five (5) members appointed by a majority of 

the Community Council. Members of the Commission must be enrolled members of the 

Gila River Indian Community or, if not a member therein, a person with experience in 

gaming operations, gaming law, gaming control or regulation, or gaming accounting 

sufficient to specially qualify him or her for appointment to the Commission. 

00.304 TERMS OF COMMISSIONERS 

A Commission member shall serve for three (3) years except that in order to 

initially establish an annually staggered appointment schedule, two (2) of the 

founding Commissioners shall serve three (3) year terms, two (2) founding 

Commissioners shall serve two (2) year termstand one (1) founding Commissioner shall 

serve a one (1) year term for the initially appointed terms only. Thereafter, all 

successive terms of appointments to the Commission shall be for three (3) year terms. 

00.305 SELECTION OF OFFICERS 

The Commission shall select annually, by majority vote, a Chairperson, a 

Vice Chairperson, and a Secretary. 

00.306 RESIGNATION OF COMMISSIONERS 

Any Commissioner may resign at any time by giving written notice which 

specifies the intended effective date of such resignation to the Secretary of the 

Commiseion and, by copy, notice to the Community Council. The resignation shall 

become effective at the time specified in such notice, and the acceptance by the 

Commission or the Community Council of such resignation shall not be necessary to 

make it effective. 
11 Gila ~ider Indian Community I Gaming Ordinance No. GR-01-94 11 

00.307 REMOVAL BY THE COMMUNITY COUNCIL 

"VIZIrn 

December 15, 1993 

A Commissioner may be removed, with or without cause, from office prior to 

the expiration of his or her term by a majority vote of the Community Council. 

00.308 VACANCIES 

tMlLD 

January 19, 1994 

Any unexpired portion of a membership in the Commission, howsoever caused, 

shall be filled by a person qualified pursuant to Sections 00.303 and 00.309 hereof 

appointed by the Governor with the consent of the Community Council. 

Page 20 of 61 

00.309 DISQUALIFICATION OF CERTAIN PERSONS FROM COMMISSION MEMBERSHIP 

A. Commissioners may not hold office in or be employed by the Community, 

nor may they engage in any business which is subject to regulation 

pursuant to the provisions hereof. 

B. No person shall be eligible or qualified to serve or continue to serve 

as a CommLssioner or as an appointee or employee of the Commission 

who : 

1. has been convicted of a felony or gaming offense; or 

2. has any financial interest in or management responsibility for 

any gaming activity. 

00.310 COMMISSIONERS BARRED FROM GAMING ON RESERVATION 

Commissioners may not patronize either directly or through another party 

any Class I1 or Class I11 games conducted within the exterior boundaries of the 

Reservation or have any personal financial interest whatever in any game or gaming 

engaged in by a patron of games conducted within the exterior boundaries of the 

Reservation. 

00.311 OATH OF OFFICE 

Before undertaking the discharge of his or her duties, each Commissioner 

shall take the oath of office set forth at Section Eleven of the Constitution. 

00.312 COMPENSATION 

Commissioners shall be compensated at a rate to be established annually by 

the Community Council. Commissioners shall be reimbursed for actual expenses 

incurred in the course of conducting Commission business, including necessary and 

reasonable travel expenses. 

00.313 GENERAL MEETINGS 

General meetings of the Commission shall be open to the public and all 

meetings shall be governed by Roberts Rules of Order. 

00.314 SPECIAL MEETINGS 

The Chairperson of the Commission shall have the power to convene special 

meetings of the Commission upon 72 hours written notice or notice by telephone to 

Commission members. 
11 Gila ~Zver Indian Communitv I Gamins Ordinance No. GR-01-94 11 

I 'IsD Januarv 19, 1994 

I Page 21 of 61 II 

00.315 MOTIONS AND RESOLUTIONS 

The powers of the Commission are vested in the Commissioners. All official 

actions of the Commission shall be taken by motion or resolution approved by majority 

vote of the Commission. The Commission shall meet at the call of the Chairperson or 

a majority of its members, but shall meet at least once a month. 

00.316 QUORUM 

A quorum of members of the Commission shall consist of three (3) members. 

All decisions shall be made by a majority vote of Commissioners. 

00.317 QUARTERLY REPORTS 

The Commission shall make quarterly reports to the Community Council within 

thirty (30) days following the close of the calendar quarter for which the 

information is required. The Commission's reports to the Community Council shall 

include : 

A. A full and complete statement of revenues collected by all Tribal 

gaming enterprises, expenses and all other financial transactions of 

such enterprises as audited, reviewed and approved by the Commission; 

and 

B. A summary of all licensing and enforcement actions taken by the 

Commission. 

00.318 REGULATIONS 

The Commission is empowered to adopt, amend and rescind regulations to 

effectuate the provisions of the Compact and this Title. Within 90 days of the 

establishment of the Commission, regulations shall be adopted, amended or rescinded 

which, among other procedures, effectuate the following: 

A. At least thirty (30) days before the initial meeting of the Commission 

and twenty (20) days before any subsequent meeting at which the 

adoption, amendment or rescission of a regulation of the Commission is 

considered, notice of the proposed action shall be: 

1. published in such locations as the Commission prescribes; 

2. mailed to the State Gaming Agency and to every person who has 

filed prior to the date of the notice, a request therefore; and 

3. mailed to any person believed by the Commission to have an 

interest granted pursuant to this Title. 

B. The notice of proposed adoption, amendment or rescission of a 

regulation of the Commission must include: 

1. a statement of the time, place and nature of the proceedings and 

a description of the nature of the proceedings as to whether 

they will concern adoption, amendment or rescission of 

Commission regulations; 

reference to the authority under which the action is proposed; 

and 

either express terms or an informative summary of the proposed 

act ion. 
I! Gi'la ~iGer IndianCommunity Gaming Ordinance No. GR-01-94 

REGULATIONS (con't.) 

"rmM 

December 15, 1993 

C. On the date and at the time and place designated in the notice, the 

Commission shall grant any interested person as defined pursuant to 

Subsection B.,(immediately above), or his or her authorized 

representative, or both, the opportunity to present written statements 

or legal briefs. At the discretion of the Commission, persons 

submitting statements or legal briefs need not be allowed to present 

oral argument in a proceeding concerning a hearing conducted pursuant 

to this Section. The Commission shall, however, consider all relevant 

matters presented to it, and shall obtain the concurrence of the State 

Gaming Agency, before adopting, amending or rescinding any regulation 

of the Commission. 

D. Any Licensee may file a petition with the Commission requesting the 

adoption, amendment or rescission of a regulation of the Commission. 

The petition must state clearly and concisely: 

.m,m 

January 19, 1994 

1. the substance or nature of the regulation, amendment or 

rescission requested; 

Page 22 of 61 

2. the reasons for the request; and 

3. reference to the authority of the Commission, as granted by the 

Community pursuant hereto, to take the action requested. 

E. Upon receipt of the petition, the Commission shall within thirty (30) 

days deny the request in writing or schedule the matter for action 

pursuant to this Subsection. 

F. In emergencies, the Commission may, with the concurrence of the State 

Gaming Agency, summarily adopt, amend or rescind any regulation 

affecting gaming regulated pursuant hereto, if at the same time it 

files a finding that such action is necessary for the immediate 

preservation of the public peace, health, safety, morals, good order 

or general welfare, together with a statement of the facts giving rise 

to such state of emergency. 

G. In any hearing under this Section, the Commission or its officers or 

employees may administer oaths or affirmations and may continue or 

postpone the hearing from time to time and at such places as it 

prescribes. 

H. The Commission may request the advice and assistance of the Community 

Council in carrying out the provisions of this Section. 

AUDIT 

A. The Commission shall cause to be conducted annually an independent 

audit of every Tribal gamins enterprise and shall submit the resultinq 

audit reDorts to the Commission and National Indian Gamins CommissionB. All aamina related contracts that result in the purchase of supplies, 

services, or concessions in excess of $25,000 annually, except 

contracts for leaal and accountins services, shall be specificallv 

addressed within the scope of such audit. 
00.320 PERSONNEL 

L 

The Commission shall hire personnel necessary to ensure the proper 

enforcement of the provisions of this Title and the Compact. Personnel of the 

Commission shall be hired through the Community's regular personnel procedure and 

shall be subject to its personnel policies and salary schedules. 

00.321 THE EXECUTIVE DIRECTOR 

~'ila ~iver ~ndiad Community 

A. The Executive Director shall, at a minimum, be charged with the 

following responsibilities: 

Gaming Ordinance No. GR-01-94 

1. The fulfillment and ensurance of compliance with the 

requirements and provisions of this Title, the Compact and the 

Act; 

2. The cost-effective management of the Commission's resources, 

including ensuring that a minimum of three (3) bids are obtained 

before the selection of vendors, service providers, and all 

other independent contractors whose compensation is $5,000 or 

more; 

WVIIP1r.e 

December 15, 1993 I 

3. The supervision, according to an organizational chart approved 

by the Commission, personnel of the Commission according to the 

provisions of the Community's personnel policies and procedures 

manual ; 

4. The hiring and firing of and the maintenance of personnel 

records regarding personnel of the Commission; 

IMIe 

January 19, 1994 

5. Cooperation, to the greatest degree possible, with all Law 

Enforcement officials exercising jurisdiction for the 

enforcement of this Title or the Compact; 

Page 23 of 61 

6. The conduct of background investigations necessary pursuant to 

the terms of this Title and the Compact; 

7. Regular reporting to the Commission according to a written 

schedule prepared and approved by the Commission; 

8. The scheduling of and logistical arrangements concerning 

inspection of Gaming Enterprises; 

9. The collection and maintenance of financial records of the 

Gaming Enterprises and the enforcement among gaming enterprises 

of the Financial Reporting requirements of this Title; 

10. The representation of the Commission before the National Indian 

Gaming Commission and the State Gaming Agency; 

11. Appearing to present claims of violations of the requirements 

and provisions of this Compact in proceedings of the Commission 

and representation of the Commission in legal proceedings before 

courts of competent jurisdiction; and 

12. The performance of all other such duties and responsibilities as 

may be assigned by the Commission. 

B. The Commission may, in its discretion, add additional provisions to 

the duties and responsibilities of the Executive Director. 
100.322 COOPERATION WITH LAW ENFORCEMENT AGENCIES 

Glla Ri'ver Indian Community 

The Commission shall cooperate with law enforcement officials of the State 

of Arizona, the Bureau of Indian Affairs, the Federal Bureau of Investigation and 

other law enforcement agencies and shall do all things necessary to assure that only 

fair and honest gaming, operated in full compliance with the provisions of this Title 

and the Compact and untainted by illegal activity or interests is conducted within 

the exterior boundaries of the Reservation. 

Gaming Ordinance No. GR-01-94 

CHAPTER 4 - LICENSING PROCEDURES 

00.401 LICENSING REQUIREMENTS, GENERALLY 

A. All Primary Management Officials and Key Employees and any person 

having any interest in or duty to perform with respect to gaming 

conducted within the exterior boundaries of the Reservation, whether 

that interest or duty is direct or indirect, shall apply for and 

receive a License from the Commission prior to their participation. 

Page 24 of 61 "..OW 

December 15, 1993 I 

B. The Commission shall issue and require that a separate License is 

maintained with respect to each place, facility, or location within 

the exterior boundaries of the Reservation where the Licensee is 

involved in the conduct of Class I1 and Class I11 gaming pursuant to 

this Title. 

.mUD 

January 19, 1994 

00.402 LICENSE APPLICATION 

A. Notice to A~plicant - The followina notice shall be placed on the 

Application form for prospective Key Em~lovees and Primarv Manaaement 

Officials: 

In compliance with the Privacy Act of 1974, the followinq 

information is provided: Solicitation of the information on this 

form is authorized by 25 U.S.C. ES 2701 et seo. The purpose of the 

requested information is to determine the elisibility of 

individuals to be employed in a saminu operation. The information 

will be used by members and staffs of the Gila River Indian Gamins 

Commission, (the 'GRGCm), the National Indian Gamins Commission 

Ithe 'NIGC") and the Arizona State Gamins Aqency (the "ASGA') who 

have need for the information in the performance of their official 

duties. The information may be disclosed to appropriate federal, 

Tribal, state and local or foreiun law enforcement and resulatory 

asencies when relevant to civil, criminal or reuulatory 

investiaations or prosecutions or when pursuant to requirement by 

the GRGC, the NIGC or the ASGA in connection with the hirinu or 

firinu of an employee, the issuance or revocation of a saminq 

License, or investisations of activities while associated with a 

aaminu enterprise operated within the exterior boundaries of the 

Gila River Indian Reservation. Failure to consent to the 
00.402 LICENSE APPLICATION (con't.) 

I 

I 

disclosures Ldicated in this notice will result in a finding of 

ineligibility for employment in a Primary Management Official or 

Key Employee position by a gaming enterprise operated within the 

exterior boundaries of the Gila River Indian Reservation as defined 

pursuant to Title - of the Gila River Indian Community Code. 

The disclosure of your Social Security Number (SSN) is 

voluntary. However, failure to supply a SSN may result in errors 

in processing your Application. 

An Applicant may claim any privilege afforded by the 

Constitution of the United States, or the State of Arizona, in 

refusing to answer questions of the GRGC, the NIGC and the ASGA. 

However, a claim of privilege with respect to any testimony or 

evidence pertaining to an Application may constitute sufficient 

grounds for denial. 

Any gaming License or finding of suitability which is issued by 

the Commission shall be deemed to be a revocable privilege and no 

person holdihg such a License or finding of suitability by the 

Commission is deemed to have acquired any vested rights therein. 

The burden of proving the Applicant's qualifications, to 

receive a License or finding of suitability is understood to be all 

times on the Applicant. An Applicant assumes any risk of adverse 

public notice, embarrassment, criticism or other action or 

financial loss which may result from action with respect to an 

Application and expressly waives any claim for damages against the 

Community or the State of Arizona as a result thereof. 

In addition to any other factor attaching to an Application 

required by Gila River Indian Community Code Title - or the 

Compact, an Application for a License or a finding of suitability 

shall constitute a request to the GRGC, the NIGA and the ASGA for a 

decision upon the Applicant's general suitability, character, 

integrity and ability to participate or engage in or be associated 

with gaming on the Gila River Indian Reservation in the manner or 

position sought through application to the GRGC, the NIGA or the 

ASGA the Applicant specifically consents to the making of such a 

decision by the GRGC, the NIGA or the ASGA at its election when the 

Application, after filing, becomes moot for any reason other than 

death. 

It shall be urounds for disqualification from consideration for 

emplonnent lor for termination after hire if selected) for there to 

be included in your Application any false statement or omission of 

a material fact necessary to make a qiven statement not misleadinq 

in view of the circumstances under which they occurred or were 

stated. Additionally. false statements are punishable by fine or 

imprisbnment pursuant to 18 U.S.C. S 1001. 

I 

Gila ~i;er Indian Community 

B. Each Applicant for a License shall file with the Commission a written 

application in the form prescribed by the Commission, duly executed 

and verified which shall certify: 

Gaming Ordinance No. GR-01-94 

Page 25 of 61 WPliC1Wa 

December 15, 1993 

.mJanuary 19, 1994 
I Gila ~i;er Indian Community Gaming Ordinance No. GR-01-94 

00.402 LICENSE APPLICATION (con't.) 

"I.Orn 

December 15, 1993 

1. Applicant's full name and other names used (oral or written), 

Social Security Numberls), birth date, place of birth, 

citizenship, aender, all lanauaaes (spoken or written); 

2. Currently and for the previous five 15) vears: business and 

employment positions held, ownership interests in those 

businesses, business and residence addresses, and driver's 

license numbers: 

1m1eD 

January 19, 1994 

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

references, includina one personal reference who was acauainted 

with the Applicant durins each period of residence listed under 

parasraph b.(2), immediately above; 

Page 26 of 61 

4. Current business and residence telephone numbers; 

5. A description of anv existins and previous business 

relationships with Indian tribes, includina ownership interests 

in those businesses; 

6. A description of anv existina and previous business 

relationships with the qaminq industry qenerally and any 

ownership interest in businesses or enterprises with a direct or 

indirect involvement in the gamina industry; 

7. The name and address of any licensina or requlatorv asencv with 

which the person has filed an Application for a License or 

permit related to samins, whether or not such License or permit 

was aranted; 

8. For any felony for which there is pendins prosecution or in 

relation to which a conviction has been effected, the charae, 

the name and address of the court involved, and the date and 

disoosition if anv; 

9. For each misdemeanor conviction or onsoina misdemeanor 

prosecution (excludinq minor traffic violations), within ten 

(10) years of the date of the Application, the name and address 

of the court involved and the date and disposition of such 

matter: 

10. For each criminal charse (excludina minor traffic citations). 

whether or not there is a conviction, if such criminal charae is 

within 10 years of the date of the Application and is not 

otherwise listed pursuant to parasraph (l)(h\ or (ll(i) of this 

Section, the criminal charse, the name and address of the court 

involved and the date and disposition; 

11. The name and address of any licensins or reaulatory aaency with 

which the person has filed an application for an occupational 

License or permit, whether or not such License or permit was 

sranted; 

12. A current photoaraph; 

13. Any other information the Commission deems relevant: and 

14. FinaerprintS consistent with procedures adopted by the 

Commission accordina to 25 C.F.R. Section 522.2lh). 
I Gila FtLver ~ndian: Community Gaming Ordinance No. GR-01-94 , YIX7IM IMIW 

Page 27 of 61 

December 15, 1993 January 19, 1994 

LICENSE APPLICATION (con't.) 

C. Every statement, notice or report filed as part of an Application must 

be complete as to content, including requested supplemental 

information. Failure to supply supplemental information within ten 

(10) days following the date on which the Applicant receives notice of 

the Commission's request for supplemental information shall constitute 

grounds for withholding or delaying consideration of the Application. 

D. All information required to be included in an Application must be true 

and complete as of the date of the Commission's action on the 

Application. An Applicant bears the responsibility on his or her own 

initiative to promptly supply by amendment, prior to Commission action 

on an Application, any information regarding occurrences following the 

date of the original Application necessary to make material 

information complete and not misleading. 

E. An Application may be amended in any respect by leave of the 

Commission or State Gaming Agency at any time prior to final action 

thereon. Any amendment to an Application shall have the effect of 

establishing the date of such amendment as the new filing date of the 

Application with respect to the time requirements set forth in this 

Title or in the Compact. 

F. Any document filed under any of the provisions of this Title or the 

Compact may be incorporated by reference in a subsequent Application 

provided the incorporated document is available in the files of the 

Commission and the State Gaming Agency and is current as to accuracy 

on the date of filing. 

APPLICATION AND INVESTIGATIVE FEES 

A. Except as provided elsewhere in this Title, all fees and costs 

incurred in connection with the investigation of any Application to 

the Commission will be borne by the Applicant as prescribed below. 

B. In addition to any nonrefundable Application fees paid, 

the Commission and/or the State Gaming Agency may 

require an Applicant to pay such supplementary 

investigative fees and costs as are determined by the 

Commission or State Gaming Agency. Such supplementary 

fees and costs may be estimated and the Applicant 

required to pay a deposit amount into a special 

investigative account established for the Applicant as 

a condition precedent to beginning or continuing an 

investigation, the actual total cost of which is not 

determined. 

C. The Commission shall not take final action to approve any Application 

unless all Application and investigative fees and costs have been paid 

in full. The Commission may deny the Application if the Applicant has 

failed or refused to pay all Application and investigative fees and 

coats. 

D. After all supplementary investigative fees and costs have been paid by 

an Applicant, the Commission shall refund to an Applicant any balance 

remaining in his or her investigative account of the Applicant. 
00.404 SUMMONING OF APPLICANTS 

Gila ~iver Indian Community 

The Commission, in concert with the State Gaming Agency, may summon any 

person applying for a License, finding of suitability or employment to appear and 

testify before the Commission or Staff of the Commission or the State Gaming Agency 

at such time and place as may be designated. All such testimony may be required to 

be given under oath and relate to any matter which the Commission or the State Gaming 

Agency or their staffs may deem relevant to the Application. Failure to appear and 

testify fully at the time and place designated, unless excused, constitutes grounds 

for denial of the Application without further consideration by the Commission. 

Gaming Ordinance No. GR-01-94 

00.405 HEARING ON APPLICATIONS 

A. Upon the conclusion of an investigation by the State Gaming Agency, 

the Commission may, in its discretion, hold a hearing to consider an 

Application. The Applicant shall be given at least fifteen (15) days 

advance written notice of such hearing by certified mail, return 

receipt requested. 

B. Failure of the Applicant to appear at such hearing and testify fully 

at the time and place designated, unless excused, shall constitute 

grounds for denial of the application without further consideration by 

the Commission. 

Page 28 of 61 Wpm 

December 15, 1993 

00.406 WITHDRAWAL OF APPLICATION 

#MID 

January 19, 1994 

A. A request for withdrawal of an Application may be made at any time 

prior to final action upon the filing of a written request for such 

withdrawal with the Commission. 

B. The Commission may, in its discretion, deny a request for withdrawal 

of an Application or grant the request with or without prejudice. 

C. If a request for withdrawal is granted with prejudice, the Applicant 

shall be foreclosed from reapplying for licensing or a finding of 

suitability for a period of one (1) year from the effective date of 

the withdrawal. 

00.407 APPLICATION AFTER DENIAL 

Any person or enterprise whose Application has been denied shall be 

foreclosed from reapplying for licensing or a finding of suitability for a period of 

one (1) year from the effective date of the denial, unless the Commission expressly 

advises in writing that the denial is without prejudice as to reapplication. 
I Gila ~iver Indian Community Gaming Ordinance No. GR-01-94 , #MIPage 29 of 61 

December 15, 1993 January 19, 1994 

00.408 APPLICATIONS FOR EMPLOYMENT AFTER DENIAL OR REVOCATION 

Any person or enterprise whose Application for employment with a gaming 

enterprise located within the exterior boundaries of the Reservation denied approval 

by the Commission or the State Gaming Agency, shall be foreclosed from reapplying for 

employment with any gaming enterprise located within the exterior boundaries of the 

Reservation for a period of two (2) years from the effective date on which notice of 

the Commission or the State Gaming Agency's disapproval was provided to the gaming 

enterprise at which the person first applied for employment. 

00.409 UNSUITABLE AFFILIATES 

The Commission may deny, revoke, suspend, limit, condition, or restrict any 

License, finding of suitability, employment status or related Application upon 

grounds that the Applicant or Licensee is associated with, controls, or is controlled 

by, or is under common control with, a person or persons threatening the licensing 

standards set forth in Section 00.410, immediately below. 

00.410 STANDARDS FOR LICENSING 

No License or finding of suitability shall be granted unless and until the 

Applicant has satisfied the Commission that the Applicant: 

A. is a person of good character, honesty, and integrity; 

B. is a person whose background, reputation and associations will not 

result in adverse publicity for the Tribal gaming enterprises; and 

C. where the Applicant is to be a Key Employee, the Applicant has 

adequate business competence and experience for the role or position 

for which an Application is filed. 

00.411 LICENSING OF A NATURAL PERSON UNDER THE AGE OF TWENTY-ONE 

The Commission shall not grant a License or finding of suitability to an 

individual under twenty-one (21) years of age. 

00.412 BACKGROUND INVESTIGATION 

The Commission shall conduct or cause to be conducted an investigation 

sufficient to make a determination of every Application submitted pursuant hereto. 

A. In conducting a background investigation, the Commission and its 

agents shall do all things possible to ensure the confidentiality of 

the identity of any person interviewed in the course of the 

investigation. 

B. Information provided pursuant to Section 00.402 shall be referenced in 

the conduct of backaround investiaations in relation to: 

1. Primary Manaaement Officials and Key Emplovees of each Tribal 

aamina enterprise; 

2. Everv aamina employee and emplovee of the Commission who is not 

an enrolled member of the Community: and 

3. Manufacturers and suppliers of aamina devices and services. 
'I 

Gila ~iver In*; Community 

- 

Gaming Ordinance No. GR-01-94 

00.412 BACKGROUND INVESTIGATION (con't.) 

WIDecember 15, 1993 

C. In any instance in which the Commission determines that employment of 

a person, a background investigation of whom indicates that his or her 

employment would threaten a risk to the public safety and financial 

interest of the Community or to the effective regulation of gaming or 

create or enhance the danger that unsuitable, unfair, or illegal 

practices and methods and activities would be engaged in the conduct 

of gaming, all tribal gaming enterprises located within the exterior 

boundaries of the Reservation shall be foreclosed from employing that 

person as a Key Employee or Primary Management Official. 

D. Procedures for forwardins Applications and reports for Key Em~lovees 

and Primary Manaaement Officials to the State Gamina Asencv and the 

National Indian Gamins Commission 

lMlD 

January 19, 1994 

- 1. When a person required pursuant to Key Employee or Primary 

Manasement Official status begins work at a saminq operation 

authorized by this Title, the Commission shall forward to the 

State Gamins Asencv and the National Indian Gaminq Commission a 

completed Application and request that a backsround 

investisation be conducted before the Application is sranted 

pursuant to in Section 00.413, below. 

Page 30 of 61 

- 2. The Commission shall forward the report referred to in Section - 

00.412 E. to the State Gamins Aaencv and the National Indian 

Gamina Commission within sixty 160) days after an emplovee 

beains work at a qaminq enterprise situated within the exterior 

boundaries of the Reservation or within sixty 1601 days of the 

approval of this Title by the Chairman of the National Indian 

Gamins Commission. 

- 3. No gamins enterprise situated within the exterior boundaries of 

the Reservation shall employ as a Kev Employee or Primary 

Manasement Official as defined pursuant hereto a person who does 

not have a License within ninety (90) days followins submittal 

of his or her Application. 

- E. 'Report to the State Gamins Asencv and the National Indian Gaminq 

Commission 

- 1. The Commission shall submit, with the Investisative Report, a 

copv of the eliqibility determination made under Section 00.413 

herein. 

- 2. In the event the Commission determines on its own authority that 

a License should not be issued, the Commission: 

- a. Shall notify the State Gamins Agencv and the National 

Indian Gamins Commission; and 

- b. Shall forward copies of its noneliqibilitv determination 

alons with documentation of the information on which such 

determination is based to the State Gamins Agency and the 

National Indian Gamins Commission for inclusion, with 

respect to the latter, in the Indian Gamins Individuals 

Records System. 
00.412 BACKGROUND INVESTIGATION (con8t.) 

Gila ~iver Indian Community 

- c. With respect to Key Employees and Primarv Manaaement 

Officials, the Commission shall retain Applications for 

inspection by the State Gamina Aaency and the National 

Indian Gamina Commission for at least a three (3) year 

period, beqinnins with the date of on which the emploment 

of such person is terminated. 

Gaming Ordinance No. GR-01-94 

00.413 GRANTING A GAMING LICENSE 

A. If, within a thirtv 130) day period after the State Gamina Asencv and 

the National Indian Gamina Commission receives a report, the National 

Indian Gamina Commission notifies the Commission that it has no 

objection to the issuance of a License pursuant to an Application by a 

Key Emvloyee or a Primarv Manasement Official, for whom the Commission 

has provided an Application and investisative report to the State 

Gamins Aaency and the National Indian Gamins Commission, the 

Commission may issue a License to such Applicant. 

B. The Commission shall respond to a request for additional information 

from the Director of the State Gamins Asency and the Chairman of the 

National Indian Gamins Commission concernina a Key Em~lovee or a 

Primarv Manaaement Official who is the subject of an Investiaative 

Report. Such a request shall suspend the thirty thirtv 130) day 

period under Subsection 00.413 A. until the Director of the state 

Gamina Aqency and the Chairman of the National Indian Gaminq 

Commission receives the additional information. 

Page 31 of 61 WVm7r.e 

December 15, 1993 

C. If, within the thirty (30) day period described above, the State 

Gamins Aaency and the National Indian Gamina Commission provides the 

Commission with a statement itemizinq obiections to the issuance of a 

License to a Key Employee or to a Primarv Manaaement Official for whom 

the Commission has provided an Application and investiaative report to 

the State Gamina Aaencv and the National Indian Gamins Commission, the 

Commission shall reconsider the Application, takinq into account the 

obiections itemized therein. The Commission shall make the final 

decision whether to issue a License to such Applicant. 

erne0 

January 19, 1994 

00.414 LICENSE SUSPENSION 

A. If, after the issuance of a License, the Commission receives from the 

State Gamins Asency and the National Indian Gamina Commission reliable 

information indicatinq that a Key Employee or a Primary Manaaement 

Official is not elisible for emplovment under 00.413 C., above, the 

Commission shall suspend such License and shall notify in writina the 

Licensee of the suspension and the proposed revocation. 

B. The Commission shall notify the Licensee of a time and a place for a 

hearina on the proposed revocation of a License. 

C. After a revocation hearins, the Commission shall decide to revoke or 

to reinstate a aamina License. The Commission shall notifv the State 

Gamina Asency and the National Indian Gamina Commission of its 

decision. 

D. In addition to any other sanction which may be imposed under this 

Title, a License may be suspended and, after notice and hearina by the 

Commission pursuant to this Title, and revoked if adequate proof is 

shown that the Licensee: 
00.414 LICENSE SUSPENSION (con't.) 

Gila ~iGer ~ndian~ommunit~ 

1. has made a false statement in anv Application for a License, in 

any amendment thereto, or any response to a request by the 

Commission for supplemental information; 

Gaming Ordinance No. GR-01-94 

2. has failed to keep sufficient books and records to substantiate 

the re~orts reauired by this Title; 

3. has falsified anv books or records relatina to anv transaction 

connected with the operation or conduct of Class I1 or Class I11 

aamina conducted within the exterior boundaries the Reservation; 

wmm 

December 15, 1993 

4. has been convicted of anv felonv or aamina offense; 

5. has interfered with or unduly influenced or attempted to 

interfere or undulv to influence any leqislative or 

administrative decision or process of the Communitv relatina to 

uamina: 

IrnSID 

January 19, 1994 

6. has deliberately or substantially failed to provide information 

to or answer relevant questions of the Commission or otherwise 

fails to comply with the provisions of this Title or the terms 

of anv License qranted pursuant hereto; 

Page 32 of 61 

7. based upon information officially referred by the State Gaminq 

Aaencv. the National Indian Gaminq Commission or substantiated 

information from anv other source that the Licensee does not 

meet the standards established in Section 00.410 herein: or 

8. has been elected to the Community Council. 

00.415 IMMEDIATE SUSPENSION 

If, in the judgment of a majority of Commissioners, the public interest, 

the effective regulation and control of gaming or the certainty that the safe, fair 

and honest operation and conduct of Class I1 and Class I11 gaming within the exterior 

boundaries of the Reservation require the immediate exclusion of a Licensee from 

involvement in such gaming, the Commission may immediately suspend a License 

immediately prior to the conduct of a hearing of the matter. Such an immediate 

suspension shall take effect upon service of a complaint upon the Licensee. 

00.416 SERVICE OF PROCESS 

Proceedings to suspend or revoke a License shall be initiated by the 

Commission by serving a complaint upon the Licensee. 

00.417 CONTENTS OF COMPLAINT; SERVICE 

A complaint against a Licensee shall state with specificity the violations 

alleged to have occurred in contravention of the provisions of this Title which the 

Commission has reasonable cause to believe the Licensee has committed and shall cite 

such provision or provisions. The complaint shall notify the Licensee of the place 

and date, which date shall be not less than twenty (20) days following the date of 

service, at which a hearing on the matter shall be held. The Commission shall cause 

the complaint and notice of hearing to be served personally upon the Licensee or his 

or her bond fide agent, or sent by certified mail to the Licensee at the address 

shown upon his or her License. 
00.418 ANSWER; SUBPOENAS 

1 

Upon receipt of a complaint and notice of hearing, the Licensee shall 

answer the complaint and shall inform the Commission whether the Licensee desires to 

present evidence. At the request of the Licensee for good cause shown, or on its own 

motion, the Commission shall issue subpoenas for the attendance of witnesses and for 

the production of papers, books, records, and documents. 

~cla ~i;er Indian Community 

00.419 HEARING, WRITTEN DECISION 

Gaming Ordinance No. GR-01-94 

Hearings of the Commission shall be held and concluded without reasonable 

delay. Following a hearing, the Commission shall timely issue a decision in writing 

and shall include findings of fact in support of its decision. The Commission shall 

issue its decision within thirty (30) days of the hearing. The Licensee shall be 

informed immediately of the decision and, in the event of a suspension or revocation 

of his or her License, of the effective date of the suspension or revocation ordered. 

00.420 SURRENDER OF LICENSE 

WIW3r.e 

December 15, 1993 

When the Commission suspends or revokes a License, the Licensee shall 

surrender the License to the Commission on or before the effective date of the 

suspension or revocation. No License shall be valid as of the effective date of an 

ordered suspension or revocation, whether or not the License is actually surrendered. 

00.421 ADDITIONAL SANCTIONS 

lMlUI 

January 19, 1994 

A. Upon a determination to suspend or revoke a License and in addition to 

any other penalties imposed, the Commission may declare a Licensee 

ineligible to: 

Page 33 of 61 

1. Operate or conduct Class I1 or Class I11 gaming anywhere within 

the exterior boundaries of the Reservation; 

2. Participate, directly or indirectly, in the operation or conduct 

of Class I1 or Class I11 gaming anywhere within the exterior 

boundaries of the Reservation; or 

3. Apply for a License within the periods stated above at 00.406 C. 

and 00.408. 

B. A declaration of ineligibility determined by the Commission may be 

extended to, for cause shown and after notice and hearing, include any 

Primary Management Officials, Key Employees, officers and/or directors 

of the Licensee and any of its subsidiary organizations, parent 

organizations, or affiliates. 

DISCIPLINARY PROCEEDINGS OF THE COMMISSION 

A. Service of Complaint - Upon referral by Commission or the State Gaming 

Agency, the Executive Director shall institute disciplinary 

proceedings against a Licensee and shall prepare and serve the 

complaint upon the respondent either personally or by certified mail 

at his or her address on file with the Agency. Proof of service may 

be provided by a certificate or affidavit of service, which shall be 

signed by the person effecting service and specify the date and manner 

in which service. 
00.422 DISCIPLINARY PROCEEDINGS OF THE COMMISSION (con't.) 

x. . -

B. Contents of Complaint - The complaint issued in relation to a 

disciplinary proceeding must be a written statement which sets forth 

in ordinary and concise language the acts or omissions which the 

respondent is believed to have violated. The complaint must cite the 

sections of the Compact, the Ordinance or Regulations which the 

respondent is alleged to have violated and must include a statement of 

fact on which the allegations are based. 

aCla ~iver Indian Community 

C. Answer; Setting of Hearing - The respondent shall file an answer to 

the complaint with the Commission within twenty (20) days after 

service of the complaint. A copy of the answer must also be served 

upon the State Gaming Agency. 

Gaming Ordinance No. GR-01-94 

1. In his or her answer the respondent must: 

a. state in short and plain terms his or her defenses to each 

claim asserted; 

b. admit or deny the facts alleged in the complaint; 

Page 34 of 61 UPDecember 15, 1993 

c. state which allegations are without knowledge or 

information sufficient to form a belief as to their truth. 

Such allegations shall be deemed denied; and 

lMlD 

January 19, 1994 

d. affirmatively set forth any matter which constitutes an 

avoidance or affirmative defense. 

The respondent may demand a hearing which, if elected, must be 

included in his or her answer to the complaint. Failure to 

demand a hearing constitutes a waiver of that right but, at the 

Commission's discretion, a hearing not requested in the 

respondent's answer may be granted. 

Failure to file an answer or to appear at the hearing 

constitutes an admission by the respondent of all facts alleged 

in the complaint. The Commission may take action based on such 

an admission and on other evidence without further notice to the 

respondent. 

The Commission shall serve notice of the hearing date within 

seven (7) days following receipt of respondent's answer and 

shall conduct the hearing within sixty (60) days of the date of 

said notice, unless the proceedings are continued for good 

cause. 

D. Appearance Through Counsel 

1. Parties to proceedings governed by this Title may appear 

personally or through an attorney, except that the parties must 

themselves attend any hearing on the merits unless such 

attendance is waived by the Commission. 

2. When a party has appeared through an attorney, all future 

service of notices, motions, orders, decisions or other papers 

shall be made upon the attorney. 

3. When a party is represented by an attorney, the attorney shall 

sign all motions, opposition, notices, requests, and other 

papers on behalf of the party. 
00.422 DISCIPLINARY PROCEEDINGS OF THE COMMISSION (Can't.) 

I Giia River Indian Community Gaming Ordinance No. OR-01-94 

E. Rehearing Conferences 

wram 

December 15, 1993 

1. After the respondent files an answer to the complaint, the 

Chairperson may direct the parties to participate in a 

conference or conferences before the hearing on the merits, for 

such purposes as expediting the disposition of the action, 

resolving discovery issues, and facilitating the settlement of 

the case. 

2. The participants at a rehearing conference shall be prepared to 

consider and act to address any or all of the following, as 

directed by the Chairperson: 

IMSUI 

January 19, 1994 

a. the formulation and simplification of the issues; 

Page 35 of 61 

b. the necessity or desirability of amendments to the 

complaint or answer; 

c. the possibility of obtaining admissions of fact and 

documents which will avoid unnecessary proof, stipulations 

regarding the authenticity of documents, and advance 

rulings from the Chairperson regarding the admissibility of 

evidence; 

d. the avoidance of unnecessary findings of proof and 

evidence; 

e. the identification of witnesses and documents, the need and 

schedule for filing and exchanging rehearing briefs, and 

the date or dates for further conferences and for the 

hearing on the merits; 

f. the possibility of settlement; 

g. the disposition of pending motions; 

h. the possibility that all evidence can be submitted by 

affidavits, transcripts, and other documents; and 

i. such other matters as may aid in the disposition of the 

act ion. 

3. After a rehearing conference, the respondent and Counsel for the 

Commission shall set forth in a written stipulation, to be 

recorded in the proceeding record, any matter no longer in 

dispute. As to matters for which no agreement has been reached 

and which require a ruling, the Commission shall enter an order 

reciting the ruling. 

F. Discovery: Mandatory Exchanges 

1. Within twenty (20) calendar days following the date on which 

respondent's answer is received by the Commission, the parties 

shall confer for the purpose of complying with 00.422 E. 2. 

2. At each conference the parties shall: 
DISCIPLINARY PROCEEDINGS OF THE COMMISSION (con't.) 

# 2 I 

#- 

a. Exchange copies of all documents then reasonably available 

to a party which are then intended to be offered as 

evidence in support of the party's case in chief; 

Gila ~iver Indian Community 

b. Identify, describe, or produce all tangible and reasonably 

available things, other than documents, which are intended 

to be offered as evidence in support of the party's case in 

chief, and upon request, arrange for the opposing party or 

parties to inspect, copy, test, or sample the same under 

the supervision of the parties; 

Gaming Ordinance No. GR-01-94 

c. Exchange written lists of persons each party intends to 

call as a material witness in support of the party's case 

in chief. Each witness shall be identified by name, if 

known; position; business address and a brief description 

of the purpose for which the witness will be called. If no 

business address is available, the party shall provide a 

home address for the witness, or shall make the witness 

available for service of process. For the purpose of this 

paragraph, a material witness shall be a person whose 

testimony relates to a genuine issue in dispute which might 

affect the outcome of the proceeding. 

d. The parties shall bear a continuing obligation to produce 

documents, witness lists, and other matters governed by 

this Section as such become identified by and available to 

the parties. A party may amend a response by informing the 

adverse party that documents previously produced or 

witnesses previously listed will not be introduced in that 

party's case in chief. 

- "III0P.e 

December 15, 1993 

00.423 CONDUCT OF DISCIPLINARY HEARINGS 

The following procedures shall apply to proceedings conducted under this 

Sect ion: 

IC111D 

January 19, 1994 

A. A respondent shall be allowed to present and argue any legal 

objections to the complaint set forth in his or her answer. 

Page 36 of 61 

B. The Executive Director will present his or her opening statement on 

the merits. The respondent will then be permitted to make an opening 

statement of the defense, or he or she may reserve the same under 

commencement of the presentation of the defense. 

C. The Executive Director will then present his or her case in chief in 

support of the complaint. 

D. Upon conclusion of the Executive Director's case in chief, the 

respondent may move for dismissal of the complaint. The Agency may 

hear arguments on the motion, or may grant, deny, or reserve decision 

thereon, with or without argument. 

E. If no motion to dismiss is made, or if such motion is denied or 

decision reserved thereon, the respondent shall thereupon present for 

the defense. 

F. Upon conclusion of the respondent's case, the Executive Director may 

present his or her case in rebuttal. 
11 Gila ~iSer Indian community I Gamins Ordinance No. GR-01-94 11 

1 Januarv 19. 1994 

I Page 37 of 61 II 

CONDUCT OF DISCIPLINARY HEARINGS (con't.) 

G. Upon conclusion of the Executive Director's case in rebuttal, the 

Executive Director shall present his or her closing argument, the 

respondent may present answering argument, and thereafter the 

Executive Director may present rebuttal argument. Thereupon the 

matter will stand submitted for decision. 

H. Any member of the Commission may ask questions of witnesses, and may 

request or allow additional evidence at any time, including additional 

rebuttal evidence. 

I. Objections asserted by the parties may be immediately ruled upon by 

the Commission or taken under advisement and the hearing continued. 

EVIDENCE: ADMISSIBILITY 

A. For the purpose of this Section, evidence is reliable if it is the 

sort of evidence on which responsible persons are accustomed to 

relying upon in the conduct of serious affairs or if the evidence 

would be admissible in a court of law. 

B. Irrelevant or unduly repetitious evidence shall be excluded upon 

request of a party or the Commission's own initiative. 

00.425 EVIDENCE: AUTHENTICATION AND IDENTIFICATION 

Documentary and other physical evidence may be authenticated or identified 

by any method through which the matter in question can be shown to be what its 

proponent claims it to be. 

00.426 FAILURE OR REFUSAL TO TESTIFY 

A. If a respondent fails to testify in his or her own behalf or asserts a 

claim of privilege with respect to any question propounded to him or 

her, the Commission may infer therefrom that such testimony or answer 

would have been adverse to his or her case. 

B. If any person controlling, controlled by, or under common control 

with, or employed by, or an agent of, a respondent fails to respond to 

a subpena, or asserts a claim of privilege with respect to any 

question propounded to him or her, the Commission may, taking into 

account all of the circumstances, infer that such testimony would have 

been adverse to the respondent. 

C. If, on a ground other than a properly invoked privilege against selfincrimination, a respondent fails to respond to a subpena, or fails or 

refuses to answer a material question propounded to him or her, the 

Commission may deem such failure or refusal to be independent grounds 

for granting the relief requested by the Executive Director in the 

complaint with respect to that respondent. 

00.427 CONTINUANCES 

A matter shall not be continued except for good cause shown. A motion to 

continue a hearing must be made at least ten (10) calendar days prior to the hearing 

date and may be granted or denied in the discretion of the Chairperson. 
00.428 DEFAULTS 

- . . '1 

Failure of a respondent to file an answer to the complaint or to request a 

hearing, or to appear personally at a hearing on the merits without having obtained a 

waiver of appearance, shall constitute an admission of all matters and facts 

contained in the complaint filed with respect to such respondent, and shall be deemed 

a waiver of the right to an evidentiary hearing. In such cases the Commission may 

take action based upon such admission or upon any other evidence, including 

affidavits, and without any further notices whatever to respondent. 

Gila ~iver Indian Community 

00.429 STANDARDS OF PROOF 

Gaming Ordinance No. GR-01-94 

Findings of fact shall be based upon a preponderance of the evidence 

standard, that is, a finding of fact must be supported by evidence that, when 

considered and compared with opposing evidence, has more convincing force and 

produces in the minds of the Commissioners a belief that what is sought to be proved 

is more likely true than not true. 

00.430 DECISIONS OF THE COMMISSION 

Decisions of the Commission regarding disciplinary proceedings shall be in 

writing, issued within thirty (30) days after the hearing and served upon the parties 

personally, by certified mail, return receipt requested. A copy shall also be 

provided to the State Gaming Agency at the same time. 

Page 38 of 61 - 

.ll.o1M 

December 15, 1993 

00.431 PENALTIES 

,MIJanuary 19, 1994 

The Commission may suspend, revoke, limit or condition the license or 

finding of suitability of any person or enterprise, or order the suspension or 

termination of any gaming employee, found to have violated the provisions of this 

Title, the Compact or the regulations. The Agency may impose a civil fine of not 

more than $5,000 for each separate violation. All fines must be paid to the 

Commission within fifteen (15) days following the date on which the order to pay the 

fine is issued unless otherwise ordered by the Commission. 

00.432 RIGHT TO APPEAL TO COMMUNITY COURT 

A licensee may appeal a decision of the Commission to suspend or revoke a 

license in the Community Court at any time within thirty (30) days after the 

effective date of such decision. 

CHAPTER FIVE - CONDUCT OF CLASS I1 AND CLASS I11 GAMING 

00.501 FINANCIAL PRACTICES AND REPORTING OF GAMING ENTERPRISES; MONTHLY REPORTS 

On or before the third Wednesday of each month, the Primary Management 

Official of each gaming enterprise operating within the exterior boundaries of the 

Reservation shall file with the Commission and the National Indian Gaming Commission 

a certified financial report for the preceding calendar month which states: 

A. The amount of gross receipts derived from the conduct of Class I1 and 

Class I11 gaming; 

B. The operating expenses incurred or paid; 

C. The specific classifications of such expenses; 

D. The names and addresses of each person to whom has been paid an 

aggregate of $600 or more; 
I ~ila ~i6er Indian Community Gaming Ordinance No. GR-01-94 

FINANCIAL PRACTICES AND REPORTING OF GAMING ENTERPRISES (con't.) 

srrrrrra 

December 15, 1993 

E. The purposes for which such payments were made; and 

F. The net revenues derived from games of chance. 

IMSPD 

January 19, 1994 

MAINTENANCE OF GAMING ENTERPRISE FINANCIAL INFORMATION 

Page 39 of 61 

A. The Primary Management Official of each gaming enterprise located 

within the exterior boundaries of the Reservation shall be responsible 

for maintaining financial books and records necessary for the 

development and substantiation of financial reports made to the 

Commission. 

B. Failure by a Primary Management Official to file a report required by 

the Commission within the time allowed, or if a report is not properly 

certified or not fully, accurately and truthfully completed, may 

result in suspension of the Primary Management Official's license 

until such time as the deficiency has been corrected. 

MAINTENANCE OF BOOKS AND RECORDS; COMMISSION ACCESS 

A. Full and accurate books of account showing the condition of the 

business and all transactions relating to Class I1 or Class I11 gaming 

conducted within the exterior boundaries of the Reservation shall be 

kept. 

B. The Commission and the Community Treasurer shall have access to the 

books of account prescribed hereunder and shall be entitled to examine 

them without notice at any time during ordinary business hours or 

hours during which gaming is conducted. 

C. Books of account of Class I1 and Class I11 gaming enterprises 

regulated pursuant to this Title shall be maintained for five years. 

00.504 ALLOWABLE OPERATING EXPENSES 

No item of expense shall be incurred or paid in connection with the 

operation or conduct of Class I1 or Class I11 gaming except bona fide expenses of 

reasonable amount. For accounting purposes, only the following shall be considered 

expenses : 

A. The purchase of goods, wares, and merchandise furnished; 

B. Development fees and construction costs, payments of maintenance or 

repairs of gaming and related equipment, and for operating or 

conducting a game of chance; 

C. Rent, janitorial, and security services; 

D. Legal and accounting fees; 

E. Taxes and license fees; 

F. Utilities; 

G. Insurance; 

H. Prizes for winners or games of chance; and 

I. Training of employees. 
00.505 DEPOSIT OF GROSS RECEIPTS; PAYMENT OF OPERATING EXPENSES 

, . i 

All gross receipts of gaming enterprises conducted within the exterior 

boundaries of the Reservation shall be deposited in a special account of the gaming 

enterprise. All operating expenses shall be withdrawn from such account by 

consecutively numbered checks duly signed by an authorized signatory of the 

enterprise. No check issued by a gaming enterprise located within the exterior 

boundaries of the Reservation shall be drawn to "cash" or a fictitious payee. 

GZla ~iker Indian Community 

00.506 ANNUAL AUDIT 

Gaming Ordinance No. GR-01-94 

An outside independent certified audit shall be produced annually by each 

gaming enterprise located within the exterior boundaries of the Reservation and 

delivered to the Commission and the National Indian Gaming Commission in accordance 

with all applicable regulations. 

00.507 AUDIT OF CONTRACTS 

Any contract for supplies, services, merchandise, in an amount in excess of 

$25,000 annually, except contracts for professional legal or accounting services, 

whether directly or indirectly related to the conduct of Class I1 or Class I11 gaming 

conducted within the exterior boundaries of the Reservation, shall be subject to 

annual outside independent certified audits. 

Page 40 of 61 WMm 

I 

December 15, 1993 

00.508 DISPOSITION OF NEW REVENUES 

nmsr', 

January 19, 1994 

The net revenues derived from the conduct of Class I1 and Class I11 gaming 

conducted within the exterior boundaries of the Reservation, including revenues from 

any source, shall be deposited into the general fund of the Community on a quarterly 

basis. 

00.509 COMPLIANCE WITH THE INTERNAL REVENUE CODE 

Every gaming enterprise situated within the exterior boundaries of the 

Reservation shall maintain a permanent record containing the name and address of each 

player who receives a prize or payoff required in any instance required by, and in 

accordance with, the Internal Revenue Code of 1986, as amended. 

00.510 PLAYERS REQUIRED TO BE PRESENT 

Only persons physically present on the premises where a Class I1 or Class 

I11 gaming is actually operated and conducted may participate as players in the game. 

00.511 EMPLOYEES; PROHIBITION AGAINST EMPLOYEES PLAYING BINGO 

All persons who operate or conduct, or assist in operation or conduct of 

Class I1 or Class I11 gaming shall wear legible tags evidencing their names and the 

legend of the gaming enterprise. 

00.512 QUALIFICATION FOR EMPLOYMENT; TESTING 

Employees of gaming enterprises situated within the exterior boundaries of 

the Reservation shall be of good moral character, shall not have been convicted of 

any felony or gaming offense, and, as a condition of their contract of employment, 

shall agree to any lawful means of testing for truthfulness, including but not 

limited to polygraph testing, at any time and without prior notice, concerning the 

handling, collection, and/or disbursement of gross receipts. No person shall be 

employed by a gaming enterprise situated within the exterior boundaries of the 

Reservation, whose prior activities, criminal record if any, reputation, habits, or 
00.512 QUALIFICATION FOR EMPLOYMENT; TESTING (con't.) 

, . ' . 

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

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

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

carrying on of the business and financial arrangements incidental thereto. 

00.513 PREFERENCE IN EMPLOYMENT 

J 

GiQa RiQer Indian Community 

At least 65 percent of the employees of each gaming enterprise located 

within the exterior boundaries of the Reservation shall be members of the Community 

or their spouses or children. Provided, however, that each gaming enterprise 

employee shall be qualified for the position for which he or she was hired according 

to standards set by management of the gaming enterprise. If sufficient numbers of 

qualified members of the Community and their spouses and children are not available 

so that the provision of this Section can be met, members of other Indian tribes 

shall be hired instead toward the achievement of this requirement. Gaming 

enterprises situated within the exterior boundaries of the Reservation shall provide 

sufficient training opportunities to all employees, and shall provide employees who 

are Community members with sufficient training opportunities to ensure that Community 

members acquire the experience and skills necessary to assume management and 

supervisory positions in the enterprise within projected reasonable timelines. 

Gaming Ordinance No. GR-01-94 

00.514 ADVERTISEMENT OF POSITIONS 

All positions and vacancies in gaming enterprises situated within the 

exterior boundaries of the Reservation shall be posted at the Gaming Facility where 

the position is open and at least two other locations selected by the Commission for 

at least fifteen (15) days prior to filling the position or vacancy. The position 

notices shall contain a statement minimum job qualifications, job duties, hours of 

work, compensation and shall outline the application procedure, including the 

application deadline. 

00.515 PERSONNEL POLICIES 

Page 41 of 61 vlwm 

December 15, 1993 

Each gaming enterprise situated within the exterior boundaries of the 

Reservation shall adopt and provide to each employee written personnel policies which 

shall provide a grievance procedure providing for an employee's right to receive a 

written statement of reasons in the event of dismissal. 

IMSY 

January 19, 1994 

00.516 PROPERTY REPORT 

The Gaming Operation shall report to the Commission all leases to which it 

is a party not later than thirty (30) days following the effective date of the lease 

and shall include: 

A. the name, address, and a brief statement of the nature of the business 

of the Lessor. 

B. a brief description of the material terms of the Lease. 

C. a brief description of any business relationships between the 

operating licensee and the Lessor other than by the Lease. 

Gaming enterprises situated within the exterior boundaries of the 

Reservation shall report to the Commission any changes in the lease within 30 days 

after such changes occur. 
11 Gkla RSver Indian Communitv I Gamina Ordinance No. GR-01-94 11 

I Januarv 19. 1994 

I Page 42 of 61 II 

00.517 EMPLOYEE REPORT 

A. Annually, on or before the 15th of July, each gaming enterprise 

situated within the exterior boundaries of the Reservation shall 

submit an employee report to the Commission on a form to be furnished 

by the Commission. The report shall identify: 

1. Every individual who is directly or indirectly engaged in the 

administration or supervision of the gaming enterprise or 

security activities of the gaming enterprise. 

2. All individuals who are compensated in any manner in excess of 

$80,000 per annum; 

3. All individuals who may approve or extend gaming credit in any 

amount, or whose recommendations in this regard are ordinarily 

sought or followed; 

4. All individuals who have authority to hire or terminate gaming 

employees; 

5. All individuals who have the authority to supervise or direct a 

shift of any gaming or security activity, including but not 

limited to supervision or direction of the pit area, keno or 

bingo games, slot machines, race or sports books, pari-mutuel 

operations, or any persons having authority to supervise or 

direct such persons; 

6. All individuals who regularly participate in cash counts more 

frequently than one day each week or who actually participate in 

the count more than ten (10) days in any thirty (30) day period; 

7. All individuals who may approve or extend to casino patrons 

complimentary services other than complementary beverages; 

8. All individuals who supervise or direct other employees engaged 

in the control of gaming assets and revenues and record keeping, 

including the recording of cash and evidences of indebtedness, 

and the maintenance, review or control of the records, accounts, 

and reports of transactions which are required to be kept; 

9. Any individual who has been specifically represented to the 

Commission by the gaming enterprise as being important or 

necessary to the operation of the Gaming Facility; 

10. All persons who individually or as part of a group formulate 

management policy; and 

11. A description of the gaming duties, casino responsibilities, and 

casino authority delegated to each individual identified in the 

report. 

B. Any changes, additions, or deletions to any information contained 

within the Annual Employee Report which occur subsequent to the filing 

of the report and prior to the filing of the report for the next 

calendar year shall be filed with the Commission in writing no less 

than ten (10) days following the end of the calendar quarter during 

which the change, addition or deletion occurred. 
00.518 LOANS TO GAMING ENTERPRISES 

. . '{ 

Whenever a gaming enterprise applies for or receives, accepts, or makes use 

of any cash, property, credit, guarantee, or other form of security loaned to or 

provided for a gaming enterprise or on behalf of a gaming enterprise, it shall notify 

the Commission within thirty (30) days of such transaction. 

Gila RSver Indian Community 

A. Notice of such a transaction shall be submitted on a form provided by 

the Commission and shall include: 

Gaming Ordinance No. GR-01-94 

1. the names and addresses of all parties to the transaction; 

2. the amount and source of the funds, property or credit received 

or applied; and 

m".e 

December 15. 1993 

3. the nature and amount of security provided by or on behalf of 

the gaming enterprise, the purpose of the transaction. 

B. The report shall be accompanied or supplemented by copies of 

documents, and such other supporting data as the Commission may 

require. 

.MIJanuarv 19, 1994 

C. If, after such investigation as the Commission deems appropriate, the 

Commission finds that the transaction is inimical to the health, 

safety, morals, good order and general welfare of the Community, or 

would reflect, or tend to reflect, discredit upon the Community, the 

Commission shall order the transaction rescinded within such time and 

upon such terms and conditions as it may deem appropriate. 

Page 43 of 61 

00.519 OPERATIONAL REQUIREMENTS 

A. It is the policy of the Community to require gaming enterprise 

situated within the exterior boundaries of the Reservation licensed or 

found suitable in connection therewith, are conducted in a manner 

suitable to protect the public health, safety, morals, good order and 

general welfare of the Community and the State. 

B. Responsibility for the employment and maintenance of suitable methods 

of operation rests with the Licensee and the gaming enterprise and 

willful or persistent use or toleration of methods of operation deemed 

unsuitable will constitute grounds for License revocation or other 

disciplinary action. 

00.520 PUBLICATION OF PAYOFFS 

A. Payoff schedules or awards applicable to every Class I1 or Class I11 

game or Class I11 Gaming Device shall be displayed at all times either 

on a gaming table, the gaming device or in a conspicuous place 

immediately adjacent thereto. In the case of craps, keno and faro 

games the foregoing requirement will be satisfied if published payoff 

schedules are maintained in a location readily accessible to players 

and notice of the location of such schedule is posted on or adjacent 

gaming to the table. 

B. Payoff schedules or award cards must accurately state actual payoffs 

or awards applicable to the particular game or device and shall not be 

worded in such manner as to mislead or deceive the public. 

Maintenance of any misleading or deceptive matter on any payoff 

schedule or award card or failure on the part of the Gaming Operation 

to make payment in strict accordance with posted payoff schedules or 

award cards may be deemed an unsuitable method of operation. 
00.521 GAMING BY PRINCIPALS AND KEY EMPLOYEES 

Gila River Indian Community 

No Licensee or person actively involved in the management of or the conduct 

of licensed games, shall play or be permitted to, either directly or indirectly 

through another person, any Class I1 or Class I11 game conducted within the exterior 

boundaries of the Reservation. 

Gaming Ordinance No. GR-01-94 

00.522 TRANSFER OF INTEREST AMONG LICENSEES 

A. A Licensee who proposes to transfer any portion of his or her interest 

to another shall give written notice of such proposed transfer to the 

Commission, including the names and addresses of the parties, the 

extent of the interest proposed to be transferred and the 

consideration therefor. 

- 

B. The proposed transferee shall furnish to the Commission a sworn 

statement setting forth the source of funds to be used by him or her 

in acquiring such interest and shall also furnish to the Commission 

such further information as may be required. 

C. The Commission shall forward the information to the State Gaming 

Agency who may conduct such investigation pertaining to the 

transaction as it deems appropriate and shall report the results 

thereof to the Commission within fifteen (15) days following referral 

of the information. If the Commission does not give notice of 

disapproval of the proposed transfer of interest within fifteen (15) 

days after receipt by the State Gaming Agency, the proposed transfer 

of interest will be deemed approved and the transfer of interest may 

then be effected in accordance with the terms of transfer as submitted 

to the Commission. The parties shall immediately notify the 

Commission when the transfer of interest is actually effected. 

VI-M 

December 15, 1993 

00.523 SLOT MACHINES AND GAMING DEVICES 

A. Gaming enterprises located within the exterior boundaries of the 

Reservation shall make available for play by the public only such 

Gaming Devices as have been leased, purchased or otherwise obtained 

from licensed manufacturers and distributors. 

IMIU) 

January 19, 1994 

B. The Commission shall require each licensed manufacturer and 

distributor or verify under oath, on forms provided by the Commission, 

that the slot machines or gaming devices manufactured or distributed 

by them for use or play at gaming enterprises located within the 

exterior boundaries of the Reservation meet the requirements of this 

Sect ion. 

Page 44 of 61 

C. The Commission or the State Gaming Agency may require at all 

reasonable times the testing of any gaming device to ensure compliance 

with the requirements of this Section. Any such testing shall be 

conducted by persons selected by the agency requiring the testing and 

shall be at the expense of the licensed manufacturer. 

00.524 REGULATION OF CHIPS AND TOKENS 

A. Chips and tokens used at gaming enterprises located within the exterior 

boundaries of the Reservation must be designed, manufactured; and 

constructed in compliance with all applicable statues, regulations, and 

policies of the United States, Arizona and other states so as to 

prevent counterfeiting of the chips and tokens to the extent reasonably 

possible. Chips and tokens must not deceptively resemble any current 

or past coinage of the United States or any other nation. 
00.524 REGULATION OFCHIPS AND TOKENS (con't.) 

. I .. 

B. In addition to such other specifications as the gaming enterprise may 

approve : 

Gila R2ver Indian Community 

1. the name of the gaming enterprise must be inscribed on each side 

of each chip and token; 

Gaming Ordinance No. GR-01-94 

2. the value of the chip or token must be inscribed on each side of 

each chip and token, other than chips used exclusively at 

roulette; 

the manufacturer's name or a distinctive logo or other mark 

identifying the manufacturer must be inscribed on at least one 

side of each chip and token; and 

each chip must be designed so that when stacked with chips and 

tokens of other denominations and viewed on closed-circuit, 

black and white television, the denomination of the chip can be 

distinguished from that of other chips and tokens in the stack. 

Page 45 of 61 VV110rL. 

December 15, 1993 

C. Specifications for Chips - Unless the Commission approves otherwise, 

chips must be disk shaped, must be .I30 inch thick, and must have a 

diameter of: 

lMIUI 

January 19, 1994 

1. 1.55 inches, for chips used at games other than baccarat; 

2. 1.55 inches or 1.6875 inches, for chips used at baccarat; 

3. 1.6875 inches, for chips used exclusively at race books and 

sports pools or other counter games; and 

4. Each side of each chip issued for use exclusively at a race 

book, sports pool or particular game must bear an inscription 

clearly indicating that use of the chip is restricted to that 

game. 

D. Specifications for Tokens - Unless the Commission approves otherwise, 

tokens must be disk-shaped and must measure as follows: 

1. No token may be smaller than 1.459 inches or larger than 1.95 

inches in diameter, and no token may be from 1.475 through 1.525 

inches in diameter; 

One dollar denomination tokens must be from 1.459 through 1.474 

inches in diameter, from .095 through .I15 inch thick, and, if 

the token has reeds or serration on its edges, the number of 

reeds or serration must not exceed 150; 

Five dollar denomination tokens must be 1.75 inches in diameter, 

from .I15 through ,135 inch thick, and, if the token has reeds 

or serration on its edges, the number of reeds or serration must 

not exceed 175; 

Twenty-five dollar denomination tokens must be larger than 1.75 

inches but no larger than 1.95 inches in diameter (except that 

such tokens may be 1.654 inches (42 millimeters] in diameter if 

made of 99.9 percent pure silver), must be .10 inch thick, and, 

if the token has reeds or serration on its edges, the number of 

reeds or serration must not exceed 200; 
REGULATION OF CHIPS AND TOKENS (con't.) 

L 

5. Tokens of other denominations must have such measurements and 

edge reeds or serration as the Commission may approve; 

Gila Riier Indian Community 

6. Tokens must not be manufactured from material possessing 

sufficient magnetic properties so as to be accepted by a coin 

mechanism, other than that of a slot machine; and 

Gaming Ordinance No. GR-01-94 

7. Tokens must not be manufactured from a three-layered material 

consisting of a copper-nickel alloy clad on both sides of a pure 

copper core, nor from a copper-based material, unless the total 

of zinc, nickel, aluminum, magnesium, and other alloying 

materials is at least 20 percent of the token's weight. 

USE OF CHIPS AND TOKENS 

"lmm 

December 15, 1993 

A. The gaming enterprises shall: 

1. Comply with all applicable statutes, regulations, and policies 

of Arizona and of the United States pertaining to chips or 

tokens; 

nmsm 

January 19, 1994 

2. Sell chips and tokens only to patrons of the gaming enterprise 

and only at their request; 

Page 46 of 61 

3. Promptly redeem its own chips and tokens from its patrons; 

4. Post conspicuous signs at the gaming enterprise notifying 

patrons that federal law prohibits the use of the Licensee's 

tokens, and that state law prohibits the use of the Licensee's 

chips, outside the facility for any monetary purpose whatever; 

and 

5. Take reasonable steps, including examining chips and tokens and 

segregating those issued by another gaming enterprise to prevent 

the issuance to its patrons of chips and tokens issued by 

another gaming enterprise. 

B. Gaming enterprises shall not accept chips or tokens as payment for any 

good or services offered at the gaming enterprises with the exception 

of the specific use for which the chips or tokens were issued, and 

shall not give chips or tokens as change in any other transaction. 

C. Gaming enterprises shall not redeem its chips or tokens if presented 

by a person whom the gaming enterprises knows or reasonably should 

know its not a patron of the gaming enterprise, except that a Licensee 

shall promptly redeem its chips and tokens if presented by an employee 

of the gaming enterprises who presents the chips and tokens in the 

normal course of employment. 

D. Chips, the use of which is restricted to uses other than at specified 

table games may be redeemed by gaming enterprises at table games or 

non-specified table games if the chips are presented by a patron, and 

the gaming enterprises redeems the chips with chips issued for use at 

the game, places the redeemed chips in the table's drop box, and 

separates and properly accounts for the redeemed chips during the 

count performed pursuant to the internal control system. 
00.526 REDEMPTION AND DISPOSAL OF DISCONTINUED CHIPS AND TOKENS 

Gila Ri9er Indian Community 

If the gaming enterprises permanently removes from use or replaces approved 

chips or tokens at the gaming enterprise it shall redeem discontinued chips and 

tokens that remain outstanding at the time of discontinuance pursuant to a plan 

prepared by the gaming enterprises and approved by the Commission and the State 

Gaming Agency. 

Gaming Ordinance No. GR-01-94 

00.527 DESTRUCTION OF COUNTERFEIT CHIPS AND TOKENS 

A. Unless a law enforcement officer instructs or a court of competent 

jurisdiction orders otherwise in a particular case, the gaming 

enterprises shall destroy or otherwise dispose of counterfeit chips 

and tokens discovered at the gaming facilities in such manner as it 

deems appropriate. 

WVcC+Wa 

December 15, 1993 

B. Unless a peace officer instructs or court of competent jurisdiction 

orders otherwise in a particular case, the gaming enterprises may 

dispose of coins of the United States or any other nation discovered 

to have been unlawfully used at its establishment by including them in 

their coin inventories or, in the case of foreign coins, by exchanging 

them for United States currency or coins and including the same in 

their currency or coin inventories, or by disposing of them in any 

other lawful manner. 

C. The gaming enterprises shall record: 

OMS= 

January 19, 1994 

1. The number and denominations, actual and purported, of the coins 

and counterfeit chips and tokens destroyed or otherwise is 

disposed of pursuant to this Chapter; 

Page 47 of 61 

2. The month during which such coins and counterfeit chips or 

tokens were discovered; 

3. The date, place, and method of destruction or other disposition, 

including, in the case of foreign coin exchanges, the exchange 

rate and the identity of the bank, exchange company, the 

business or person at which or with whom the coins are 

exchanged; and 

4. The names of the persons carrying out the destruction or other 

deposition on behalf of the gaming enterprises. 

D. The records required by Section 00.527 C. must be retained for a 

period of two (2) years. 

00.528 OTHER INSTRUMENTALITIES 

Other instrumentalities of Class 111 gaming must be designed, manufactured, 

approved, used, discontinued, destroyed, or otherwise disposed of in accordance with 

the provisions of this Chapter. 

00.529 PREMISES OPEN TO COMMISSION 

Premises where any Class I1 or Class I11 is operated or conducted, shall at 

all times be open to inspection by the Commission and its staff and its employees. 
CHAPTER 6 - CONDUCT OF CLASS I1 GAMES 

Gila River Indian Community 

00.601 MERCHANDISE PRIZES 

Gaming Ordinance No. GR-01-94 

When any merchandise is awarded as a prize in a Class I1 game, the value of 

such merchandise shall be its actual retail price. Merchandise awarded as a prize 

shall not be redeemable or convertible into cash, directly or indirectly. 

00.602 PRIZE PURCHASE PRICES 

Equipment, prizes, and supplies for Class 11 games of chance shall not be 

purchased or sold at prices in excess of the usual price thereof. 

Page 48 of 61 VIm3"a 

December 15, 1993 

00.603 NO LIMIT ON PRIZES 

lMlUI 

January 19, 1994 

There shall be, no limit on the size of the prize offered or given in any 

bingo game or on any occasion. 

00.604 CLASS I1 RULES OF PLAY 

A. The equipment used in Class I1 games and the method of play shall be 

such that each card shall have an equal opportunity to win. 

B. The objects or balls to be drawn shall be uniform as to size, shape, 

weight, balance, and any other characteristic that might influence 

their selection. 

C. All objects or balls shall be present in the receptacle before each 

game is begun. 

D. All numbers or designations drawn shall be announced plainly and 

clearly, and shall be audible or visible to all the players present 

including, where more than one room is used for any bingo game, all 

players present in each room. 

E. The receptacle, the caller, and the person removing the objects or 

balls from the receptacle must be visible to all the players at all 

times, except that where more than one room is used for any bingo 

game, the receptacle and the caller must be present in the room where 

the greatest number of players are present. 

F. The cards. or sheets of the players shall be a part of a deck, group, 

or series of cards, no two of which shall be alike, and which deck, 

group, or series shall not be so prepared or arranged as to prefer any 

card. 

G. The particular arrangement of numbers or designations required to be 

covered in order to win the game and the amount of the prize shall be 

plainly and clearly described, and audibly or visibly announced to the 

players immediately before each game is begun. 

00.605 PLAYERS ENTITLED TO VERIFICATION 

Any player of Class I1 gaming shall be entitled to call for a verification 

of all numbers or designations drawn at the time a winner is determined and for a 

verification of the objects or balls remaining in the receptacle and not yet drawn. 

The verification shall be made in the immediate presence of the most senior 

supervisory official for the shift at which the verification is made. 
CHAPTER 7 - ACCOUNTING PROCEDURES 

Gita River Indian Community 

00.701 GAMING ENTERPRISE AUDIT PROCEDURES 

Gaming Ordinance No. GR-01-94 

Each gaming enterprise situated within the exterior boundaries of the 

Reservation shall select independent certified accountants qualified and otherwise 

acceptable to perform the following audit functions for the gaming enterprise as 

necessary: 

A. To conduct annual and quarterly audits or reviews of the books and 

records of the gaming enterprise; 

vrDecember 15, 1993 

B. To review the accounting methods and procedures used by the gaming 

enterprise; 

C. To review and observe methods and procedures used by the gaming 

enterprise to count and handle cash, chips, tokens, negotiable 

instruments and credit instruments; 

I~IUI 

January 19, 1994 

D. To examine the gaming enterprise's records and procedures in extending 

credit; 

Page 49 of 61 

E. To examine and review the gaming enterprise's internal control 

procedures and compliance therewith; 

F. To examine all accounting and bookkeeping records and ledger accounts 

of the gaming enterprise; 

G. To examine all contracts for suppliers, services or concessions for 

any contract amount in excess of $25,000 annually (except contracts 

for professional legal or accounting services) relating to the gaming 

enterprise; 

H. TO conduct its audit in conformity with generally acceptable auditing 

principles. The independent certified accountants shall prepare an 

appropriate report at the conclusion of an annual audit and shall 

submit a copy of the audit report to the gaming enterprise, the 

Commission for referral to the Community and the State Gaming Agency. 

ACCOUNTING RECORDS 

A. Every gaming enterprise located within the exterior boundaries of the 

Reservation shall keep accurate, complete, legible, and permanent 

records of all transactions pertaining to revenues. 

B. Every gaming enterprise located within the exterior boundaries of the 

Reservation shall keep general accounting records on a double entry 

system of accounting, maintaining detailed, supporting land subsidiary 

records, which shall include: 

1. Detailed records identifying revenues, expenses, assets, 

liabilities, and equity; 

2. Detailed records of all markers, IOU's, returned checks, hold 

checks or other credit instruments; 

3. Individual and statistical game records to reflect statistical 

drop, statistical win and the percentage of statistical win to 

statistical drop by table for each table game, and to reflect 
I Gila Ri>et Indian' Community Gaming Ordinance No. GR-01-94 i 

ACCOUNTING RECORDS (con't.) 

UVD7m 

December 15, 1993 

statistical drop for each type of table game, either by shift or 

other accounting period as determined by gaming enterprise 

management and individual and statistical game records 

reflecting similar information for all other games; 

4. Slot analysis reports which, by each machine, compare actual 

hold percentages to theoretical hold percentages; and 

lMfM 

January 19, 1994 

5. The, records required by the internal control system. 

Page 50 of 61 

C. The gaming enterprise shall create and maintain records sufficient to 

accurately reflect gross gaming revenue and expenses relating solely 

to the gaming enterprise. 

STANDARD FINANCIAL STATEMENTS 

A. Every gaming enterprise located within the exterior boundaries of the 

Reservation shall prepare a financial statement covering all financial 

activities of the gaming enterprise for each fiscal year including 

food and beverage sales, in accordance with generally accepted 

accounting standards. The gaming enterprise shall submit the 

financial statements to the Commission not later than four (4) months 

following the end of the fiscal year covered by the statement. Each 

financial statement must be signed by the most senior official of the 

gaming enterprise who shall thereby attest to the completeness and 

accuracy of the statement. 

B. When a gaming enterprise changes its Business Year or begins 

operation, it shall within 120 days thereof prepare and submit to the 

Commission audited financial statements covering the stub period 

(i-e., a period of less than one (1) year covered under a regular 

Business Year to be reported) from the end of the previous Business 

Year to the beginning of the new Business Year. Alternatively, the 

financial results of the stub period may be incorporated into the 

audited financial statements for the new Business Year. 

00.704 INTERNAL CONTROLS 

Every gaming enterprise located within the exterior boundaries of the 

Reservation shall be operated pursuant to an approved internal control system that 

meets the requirements of the Compact. Every gaming enterprise located within the 

exterior boundaries of the Reservation shall provide a copy of the internal control 

system and any amendments thereto to the Commission and the State Gaming Agency. 

A. GROSS GAMING REVENUE COMPUTATIONS 

1. With respect to each table game, gross revenue shall equal the 

closing bankroll plus credit slips for cash, chips, or tokens 

returned to the casino cage, plus drop, less opening bankroll 

and fills to the table. 

2. For each slot machine, gross revenue shall equal drop, less 

fills to the machine, jackpot payout, and the actual cost to the 

gaming enterprise of any personal property (other than costs of 

travel, lodging, services and food and beverages) provided for 

or distributed to a patron as winnings. The initial hopper load 

shall not be treated as a fill and shall not affect gross gaming 

revenue. The difference between the initial hopper load and the 

total amount in the hopper at the end of each quarter must be 
Giia ~iiet Indian Community Gaming Ordinance No. GR-01-94 I WVY1M m-wn I 1 

INTERNAL CONTROLS (con't.) 

December 15, 1993 

adjusted accordingly as an addition to or subtraction from the 

drop for the quarter. 

For each counter game, gross gaming revenues shall equal: 

I - 

January 19, 1994 

a. The money accepted by the gaming enterprise on events or 

games that occur during the month or will occur in 

subsequent months, less money paid out during the month to 

patrons on winning wagers; or 

Page 51 of 61 

b. The money accepted by the gaming enterprise one vents or 

games that occur during the month plus money, not 

previously included in gross revenue, that was accepted by 

the gaming enterprise in prior months in relation to events 

or games occurring in the month, less money paid out during 

the month to patrons on winning wagers. 

4. For each card game and any other game in which the gaming 

enterprise is not a party to a wager, gross revenue shall equal 

all money received by the gaming enterprise as compensation for 

conducting the game. 

5. The gaming enterprise shall not include in gross revenue 

computations either shill win or shill loss. 

6. If in any month the amount of gross revenue is less than zero, 

the, gaming enterprise may deduct the excess in the succeeding 

months, until the loss is fully offset against gross gaming 

revenue. 

B. TREATMENT OF CREDIT FOR PURPOSES OF COMPUTING GROSS REVENUE 

1. Gross gaming revenue shall not include credit extended or 

collected by the gaming enterprise for purposes other than 

gaming. Gross gaming revenue includes the amount of gaming 

credit extended to a patron not documented in a credit 

instrument. 

2. The gaming enterprise shall, prior to extending credit, follow 

the procedures in its internal control system. 

3. The gaming enterprise need not include in gross gaming revenue 

the unpaid balance of a credit instrument if one or more of the 

following paragraphs are satisfied: 

a. The gaming enterprise settles the debt for less than its 

full amount in order to induce a partial payment. This 

paragraph shall be satisfied only if the gaming enterprise 

first requests payment of the debt in full from the patron, 

the patron fails to respond to the request or refuses to 

pay the debt in full and the patron then makes a partial 

payment in consideration for settlement of the debt for 

less than the full amount. 

b. The gaming enterprise settles the debt for less than its 

full amount to compromise a genuine dispute between the 

patron and the gaming enterprise regarding the existence or 

amount of the debt. 
00.704 INTERNAL CONTROLS (con't.) 

. . 

1 

C. The gaming enterprise settles the debt for less than its 

full amount because it in good faith believes that the 

patron's business will be retained in the future, or the 

patron's business is in fact retained. 

. 

d. The gaming enterprise settles the debt for less than its 

full amount to obtain a patron's business and to induce 

timely payment of credit extended. 

The gaming enterprise shall ensure: 

- 

a. That a debt settled pursuant to Subsection 3 is settled 

either with the patron to whom the credit was initially 

extended or his or her bond fide agent. For purposes of 

this Section, a personal representative is an individual 

who has been authorized by the patron to make a settlement 

on his or her behalf. The gaming enterprise shall document 

its reasonable basis for its belief that the patron has 

authorized the individual to settle the patron's debt. 

b. That the settlement is authorized by persons designated to 

do so in the internal control system, and the settlement 

agreement is reflected in a single document prepared within 

30 days of the agreement and the document includes: 

Gi4a River Indian, Community 

(1) The patron's name; 

Gaming Ordinance No. GR-01-94 

(2) The original amount of the credit instrument; 

(3) The amount of the settlement stated in words; 

(4) The date of the agreement; 

Page 52 of 61 "IDecember 15, 1993 

(5) The reason for the settlement; 

IJanuary 19, 1994 

(6) The signatures of the gaming enterprise's 

employees who authorized the settlement; 

(7) The patron's signature or, in cases in which 

the patron's signature is not on the settlement 

document, written acknowledgement of debt by the 

patron. If confirmation from the patron is not 

available because of circumstances beyond the control 

of the gaming enterprise, the gaming enterprise shall 

provide such other information regarding the 

settlement as suffices to confirm the debt and 

settlement. 

c. If the Commission determines that it is necessary to 

independently verify the existence or the amount of a 

settlement made pursuant to Subsection 00.706 C. the gaming 

enterprise shall allow the Commission to confirm the 

settlement and its terms and circumstances with the patron 

to whom the credit was initially extended. 

d. The gaming enterprise shall include in gross gaming revenue 

all revenues and the net fair market value of property or 

services received by the gaming enterprise in payment of 

credit instruments. 
00.704 INTERNAL CONTROLS (con't.) 

C 

I 

e. The gaming enterprise may exclude money received in payment 

of credit instruments from gross revenue if the gaming 

enterprise notifies the gaming enterprise in writing within 

45 days of the gaming enterprises's discovery of the 

alleged criminal misappropriation of the money by an agent 

or employee of the gaming enterprises where the agent, 

employee, or person was involved in the collection process, 

and if the gaming enterprises: 

Gila Ricer Indian Community 

(1) Files a written report with the appropriate law 

enforcement agency, other than the Commission, 

alleging criminal misappropriation of the money and 

furnishes a copy of such report to the Commission 

within 45 days of its request; or 

Gaming Ordinance No. GR-01-94 

(2) Files and prosecutes a civil action against the agent, 

employee, or person for recovery of the 

misappropriated money and furnishes copies of legal 

pleading to the Commission within 45 days of its 

request; or 

(3) Otherwise demonstrates that the money was in fact 

criminally misappropriated and not merely retained by 

a gaming enterprise agent, employee or a person for 

payment of services or costs. 

YI.Orn 

December 15, 1993 

f. For accounting purposes, if the gaming enterprise recovers 

any money previously excluded from gross gaming revenue the 

gaming enterprise shall treat the money as gross gaming 

revenue for the month in which the money is recovered. 

00.705 STATE GAMING AGENCY 

.n,,lY) 

January 19, 1994 

All records provided to the Commission pursuant to this Chapter shall also 

be provided to the State Gaming Agency. 

Page 53 of 61 

00.706 ENFORCEABILITY OF CREDIT INSTRUMENTS 

A. Credit instruments accepted by gaming enterprises located within the 

exterior boundaries of the Reservation are valid and enforceable and 

may be enforced through legal process in the Community Courts. 

B. Gaming enterprises may accept an incomplete credit instrument signed 

by a patron which states the amount of the debt numerically and may 

complete the instruments as necessary for presentation for payment 

and : 

1. May accept a credit instrument dated later than the date of its 

execution if that later date is furnished at the time of the 

execution of the credit instrument by the patron. 

2. May not accept a credit instrument which is complete and cannot 

lawfully be completed to comply with the requirements of the 

laws of the State governing negotiable instruments. 

3. May accept a credit instrument that is payable to an affiliated 

company or any complete a credit instrument in the name of an 

affiliated company as payee if the credit instrument otherwise 

complies with this Subsection and the records of the affiliated 
I '.lw Januarv 19. 1994 

I 

Page 54 of 61 II 

Gila RiGer Indian Community 

ENFORCEABILITY OF CREDIT INSTRUMENTS (con't.) 

Gaming Ordinance No. GR-01-94 

company pertaining to the credit instrument are made available 

to agents of the Commission upon request. 

4. May accept a credit instrument either before, at the time of, or 

after the patron incurs the debt. The credit instrument and the 

debt that the credit instrument represents are enforceable 

without regard to whether the credit instrument was accepted 

before, at the time of, or after the debt is incurred. 

5. This Section shall not prohibit the establishment of an account 

by a deposit of cash, recognized traveler's check, or any other 

instrument equivalent to cash. 

6. If a credit instrument is lost or destroyed, the debt 

represented by the credit instrument may be enforced by the 

gaming enterprises or gaming enterprise management if the 

existence of the credit instrument can be proven. 

7. A patron's claim of having a mental or behavioral disorder 

involving gambling: 

a. Shall not be a defense in any action by the gaming 

enterprises or a person acting on behalf of the gaming 

enterprises to enforce a credit instrument or the debt that 

the credit instrument represents; or 

b. Shall not be a valid counterclaim to such an action. 

8. The failure of the gaming enterprises to comply with the 

provisions of this Section or the regulations does not 

invalidate a credit instrument or affect the ability to enforce 

the credit instrument or the debt that the credit instrument 

represents. 

CHAPTER 8 - CLASS I GAMING 

00.801 Until such time as the Community Council shall otherwise determine, the 

Commission is not empowered to take any action to control or regulate Class 

I gaming activities. 

00.802 CLASS I GAMES EXEMPT FROM PROVISIONS OF THIS TITLE 

Notwithstanding the provisions of this Title, a nonprofit organization may 

conduct or operate small bingo games within the exterior boundaries of the 

Reservation subject to the following restrictions: 

A. The nonprofit organization shall maintain its not-for-profit status 

and no member, director, officer, employee or agent thereof may 

receive any direct or indirect pecuniary benefit other than the 

ability to participate in the games on a basis equal to all other 

participants. 

B. The nonprofit organization shall have been in existence continuously 

on the Reservation for at least a two (2) year period immediately 

prior to the conduct of a small bingo game. 
GiPa Riv'er Indian Community 

00.802 CLASS I GAMES EXEMPT FROM PROVISIONS OF THIS TITLE (con't.) 

Gaming Ordinance No. GR-01-94 

December 15, 1993 

C. No person except a bona fide member of the nonprofit organization and 

an enrolled member in the Community or resident of the Reservation may 

participate directly or indirectly in the conduct or supervision of a 

Class I game. 

D. Except as otherwise provided by this Section a prize greater in amount 

or value than $1,000 shall not be offered or given away in any single 

game of bingo and total prizes shall not exceed an amount or value 

greater than $3,000 for any occasion or the game shall be a Class I1 

game subject to authority of the Commission. Door prizes, discounts 

or other inducements with a value exceeding $50 per occasion shall not 

be given away. 

. - 

January 19, 1994 

E. Upon special application by the nonprofit organization to the 

Commission, the Commission may, in its discretion authorize one 

special bonus game to be played at weekly consecutive occasions with a 

quarterly prize limit of $12,000. A weekly consecutive occasion shall 

be an occasion played on the same day of each week during the quarter. 

The special bonus game may be played at each weekly consecutive 

occasion subject to rules to be promulgated by the Commission. The 

special bonus game is not subject to the prize limits set forth in the 

Section D., above. 

Page 55 of 61 

F. A nonprofit organization regulated in class I1 gaming shall not 

conduct or operate more than three (3) occasions of bingo during any 

calendar week. On any occasion at which bingo games are played they 

shall not exceed 35 in number in any day. 

G. A separate License shall be required for each place, facility or 

location at which Class I1 gaming is conducted. 

H. Public Law 100-497 mandates that tribal licensing requirements to 

conduct Class I1 gaming be at least as restrictive as those 

established by State Law governing similar gaming within the 

jurisdiction of the State within which such Indian lands are located. 

Arizona Revised Statutes, Title 5, Chapter 4, and Arizona 

Administrative Code, Chapter 7, Department of Revenue Bingo Section 

although not applicable to the Community shall be referred to as a 

guideline to carry out the Commission's responsibilities under this 

Section. 

CHAPTER 9 - CRIMES AND LIABILITIES CONCERNING GAMING 

00.901 FRAUDULENT ACTS 

A. It shall be unlawful for any person: 

1. To alter or misrepresent the outcome of a game or other event on 

which wages have been made after the outcome is arrived at but 

before it is revealed to the players; 

2. To place, increase or decrease a bet or to determine the course 

of play after acquiring knowledge, not available to all players, 

of the outcome of the game or any event that affects the outcome 

of the game or which is the subject of the bet; 

3. To aid anyone in the acquisition of such knowledge for the 

purpose of placing, increasing or decreasing a bet or 

determining the course of play contingent upon that event or 

outcome ; 
Giza River 1ndian' Community 1 Gaming Ordinance No. GR-01-94 

00.901 FRAUDULENT ACTS (con't.) 

UPDecember 15, 1993 

4. To claim, collect or take, or attempt to claim, collect or take, 

money or anything of value in or a gaming enterprise, with 

intent to defraud, without having made a wager contingent 

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

amount won; 

5. To knowingly entice or induce another to participate in a gaming 

conducted or operated in violation of the provisions of this 

Title with the intent that the other person play or participate 

in that gambling game; 

lMIUI 

January 19, 1994 

6. To place or increase a bet after acquiring knowledge of the 

outcome of the game or other event which is the subject of the 

bet, including past-posting and pressing bets; 

Page 56 of 61 

7. To reduce the amount wagered or cancel the bet after acquiring 

knowledge of the outcome of the game or the event which is the 

subject of the bet, including pinching bets; or 

8. To manipulate, with the intent to cheat, any component of a 

gaming device in a manner contrary to the designed and normal 

operational purpose for the component, including, but not 

limited to, varying the pull of the handle of a slot machine, 

with knowledge of that the manipulation affects the outcome of 

the game or with knowledge of any event that affects the outcome 

of the game. 

00.902 USE OF DEVICE FOR CALCULATING PROBABILITIES 

It shall be unlawful for any person patronizing a gaming enterprise located 

within the exterior boundaries of the Reservation to use, or possess with the intent 

to use, any device to assist: 

A. In projecting the outcome of the game; 

B. In keeping track of the cards played; 

C. In analyzing the probability of the occurrence of an event relating to 

the game; or 

D. In analyzing the strategy for playing or betting to be used in the 

game. 

00.903 USE OF COUNTERFEIT OR UNAPPROVED,CHIPS OR TOKENS OR UNLAWFUL COINS OR 

DEVICES; POSSESSION OF CERTAIN DEVICES, EQUIPMENT, PRODUCTS OR MATERIALS 

A. It shall be unlawful for any licensed person, enterprise, employee or 

other person to use counterfeit chips in a game regulated pursuant to 

this Title. 

B. It shall be unlawful for any person, playing or using any game 

regulated pursuant to this Title which is designed to be played with, 

received or operated using chips or tokens approved by the Commission 

or by lawful coin of the United States: 

1. To knowingly use chips or tokens other than those approved by 

the Commission or lawful coin, legal tender of the United 

States, or to use coin not of the same denomination as the coin 

int,ended to be used in that gambling game; or 
Gila River Indian Community Gaming Ordinance No. GR-01-94 

00.903 USE OF COUNTERFEIT OR UNAPPROVED CHIPS OR TOKENS (can't.) 

WIIIT1- 

I 

December 15, 1993 

2. To use any device or means to violate the provisions of the 

Compact or this Title. 

C. It shall be unlawful for any person, not a duly authorized employee of 

a gaming enterprise located within the exterior boundaries of the 

Reservation acting in furtherance of his or her employment with the 

gaming enterprise, to have on his or her person or in his or her 

possession on or off the premises any device intended to be used to 

violate the provisions of this Title or the Compact. 

IMIW 

January 19, 1994 

D. It shall be unlawful for any person, not a duly authorized employee of 

the gaming enterprise acting in furtherance of his or her employment 

within the Gaming Facility, to have on his or her person or in his or 

her possession on or off the premises any key or device demonstrated 

to have been designed for the purpose of and suitable for opening, 

entering or effecting the operation of any game regulated pursuant to 

this Title, drop box or any electronic or mechanical device connected 

thereto or for moving money or other contents therefrom. 

Page 57 of 61 

E. It shall be unlawful for any person to have on his or her person or in 

his or her possession any paraphernalia for manufacturing slugs. 

F. Possession paraphernalia for manufacturing slugs which includes 

possession of more than one device, piece of equipment, product or 

material described in this Section shall permit, in any action against 

the posqessor resulting from such possession, a rebuttable inference 

that the possessor thereof intended to use them for the purpose of 

cheating. 

00.904 CHEATING 

It shall be unlawful for any person, whether he or she is an employee of 

the gaming enterprise or a patron thereof to cheat at any game regulated pursuant to 

this Title. 

00.905 UNLAWFUL MANUFACTURE, SALE, DISTRIBUTION, MARKING, ALTERING OR MODIFICATION 

OF EQUIPMENT AND DEVICES ASSOCIATED WITH GAMING; UNLAWFUL INSTRUCTION 

A. It shall be unlawful to manufacture, sell or distribute any cards, 

chips, dice, game or device intended to be used to violate any 

provision of this Title or the Compact. 

B. It shall be unlawful to mark, alter or otherwise modify any gaming 

equipment or gaming device, as defined in the Compact, in a manner 

that: 

1. Affects the result of a wager by determining win or loss; or 

2. Alters the normal criteria of random selection affecting the 

operation of a game or which determines the outcome of a game. 

C. It shall be unlawful for any person to instruct another in cheating or 

in the use of any device for that purpose, with the knowledge or 

intent that the information or its use so conveyed may be employed to 

violate any provision of this Title or the Compact. 
GiSa River Indian Community 

00.906 PENALTIES 

Gaming Ordinance No. GR-01-94 

December 15, 1993 

A. Any person who violates any provision of this Chapter shall be 

punished to the maximum extent allowable by Community, federal and 

state law. 

BI.cIM #MID I 

B. Any person or persons who attempts, or two or more persons who 

conspire, to violate any provision of this Title, shall each be 

punished by imposing the penalty provided in A. of this Section for 

the completed crime, whether or not he or she personally played any 

gambling game or used any prohibited device. 

January 19, 1994 

00.907 UNLAWFUL DISSEMINATION OF INFORMATION CONCERNING RACING; EXEMPTIONS; 

PENALTY 

Page 58 of 61 

A. It shall be unlawful for any person to furnish or disseminate any 

information in regard to racing or races, from any point within the 

State to any point outside the State, by telephone, telegraph, 

teletype, radio or any signaling devices, with the intention that the 

information is to be used to induce betting or wagering on the result 

of the race or races, or with the intention that the information is to 

be used to decide the result of any bet or wager made upon the race or 

races. 

B. This Section does not prohibit: 

1. A newspaper of general circulation from printing and 

disseminating news concerning races that are to be run or the 

results of races that have been run; or 

2. The furnishing or dissemination of information concerning wagers 

made in an off-track pari-mutuel system of wagering authorized 

under this Title or the Compact. 

00.908 DETENTION AND QUESTIONING OF PERSONS SUSPECTED OF VIOLATING CHAPTER; 

LIMITATIONS ON LIABILITY; POSTING OF NOTICE 

A. Authorities who question any person in the gaming enterprise suspected 

of violating any of the provisions of this Title or the Compact or 

this Chapter shall not be criminally or civilly liable: 

1. On account of any such questioning; or 

2. For reporting to the Commission, the State Gaming Agency, 

federal or state regulatory authorities, or law enforcement 

authorities the identity of the person suspected of the 

violation. 

B. Any regulatory or law enforcement authorities who have probable cause 

for believing that there has been a violation of this Title in a 

gaming enterprise located within the exterior boundaries of the 

Reservation by any person may take that person into custody and 

detention in the gaming enterprise in a reasonable manner and for a 

reasonable length of time. 

C. Such taking into custody and detention shall not render the Authority 

criminally or civilly liable unless it is established by clear and 

convincing evidence that the custody and detention were unreasonable 

under all the circumstances. 
1 Januarv 19. 1994 

I GPla River Indian Community 

00.908 DETENTION AND QUESTIONING OF PERSONS (con't.) 

Gaming Ordinance No. GR-01-94 

D. There must be displayed in a conspicuous place in the gaming 

enterprise a notice in boldface type which is clearly legible and in 

substantially this form: 

Agents of the Gila River Gaming Commission or the State 

Gaming Agency, or any Authority who has probable cause for 

believing that a person has violated any provision of the 

Gila River Indian Community Gaming Ordinance Title , Chapter Nine prohibiting cheating in gaming may detain that 

person in the Gaming Facility. 

00.909 DISPOSITION OF EVIDENCE SEIZED BY AGENT OF THE TRIBAL GAMING AGENCY OR THE 

STATE GAMING AGENCY 

A. After the final adjudication of a complaint involving a violation of 

this Title or the Compact, or of any other complaint involving the 

seizure of evidence by an agent of the Commission or the State Gaming 

Agency, a court of competent jurisdiction may enter an appropriate 

order disposing of all physical evidence pertaining to the complaint, 

whether or not the evidence was introduced as an exhibit. 

B. Except as otherwise provided herein, evidence seized by an agent of 

the Commission or the State Gaming Agency related to the investigation 

which does not result in a complaint charging a violation of the law 

and evidence for which an order of disposition is not entered pursuant 

hereto must be disposed of as follows: 

1. The Commission shall notify by certified mail each potential 

claimant of the evidence that he or she has thirty (30) days 

following receipt of notice within which to file a written claim 

with the Commission for return of the evidence. 

2. If more than one person files a claim for the evidence: 

a. The claimants may agree among themselves as to how they 

wish to divide the evidence, subject to approval of the 

Commission; 

b. The claimants may agree to submit the matter to binding 

arbitration or any claimant may institute legal proceedings 

before the Community Court to determine the proper 

disposition of the evidence. The Commission shall return 

the evidence to the claimants in accordance with any 

agreement approved by the Commission, final judgment or 

award made pursuant to the provisions of this Section. 

C. A person to whom property is returned by the Commission pursuant to 

this Section shall execute such documents as are required by the 

Commission to defend, hold harmless, indemnify and release the 

Commission from any liability arising from the delivery of the 

property to the claimant. 

D. If no claim is submitted, the Commission shall deposit all money with 

the Community and may use all other property for any lawful purpose. 

The Commission may dispose of any property which cannot be used for 

any lawful purpose in any reasonable manner. 
00.909 DISPOSITION OF EVIDENCE SEIZED BY AGENT (con't.) 

. ,> 

, 'W* 

E. Evidence which constitutes a device for cheating may not be returned 

to a claimant and must be retained by the Commission and the State 

Gaming Agency. The Commission and the State Gaming Agency shall 

periodically destroy such devices in any reasonable manner. 

) Gi-a River 1ndian Community 

CHAPTER 10 - JURISDICTION; STANDARD OF REVIEW 

Gaming Ordinance No. GR-01-94 

00.1001 JURISDICTION IN THE COMMUNITY COURT 

A. The Community Court shall have original and exclusive jurisdiction to 

consider and resolve appeals of Commission decisions to suspend or 

revoke a license. 

1. The Community Court shall affirm the order of the Commission 

unless such order: 

- 

a. was entered in violation of the due process rights of the 

appellant; 

Page 60 of 61 VlRM 

December 15, 1993 

b. was arbitrary or capricious; or 

IMIW 

January 19, 1994 

c. was otherwise in contravention of law. 

B. If any factor contained in 00.1001 A., immediately above, is present, 

the Community Court may reverse, vacate, or modify the order of the 

Commission. 

C. In appeals of suspension and revocation orders of the Commission, the 

Community Court shall consider only such evidence as appears in 

records of the Commission and Commission hearing transcripts available 

at the time of its decision. 

00.1002 COMMUNITY COURT JURISDICTION 

A. The Community Court shall have jurisdiction over any matter brought to 

enforce the provisions of this Title and civil jurisdiction over all 

persons subject to the provisions of this Title and criminal 

jurisdiction over all members of federally-recognized tribes. 

B. In addition to civil and criminal penalties available hereunder, the 

Community court may grant such other legal and equitable relief as is 

necessary and proper for the enforcement of the provisions of this 

Title, including but not limited to injunctive relief against acts 

committed in violation hereof. Nothing in this Title, however, shall 

be construed to authorize or require the exercise of criminal 

jurisdiction over non-Indians except to the extent authorized by any 

applicable present or future Act of Congress or any applicable federal 

court decision. 

00.1003 VIOLATIONS; JURISDICTION; ENFORCEMENT OF SUBPOENAS 

A. Any person found in the Community Court to have violated any provision 

of this Title, shall be liable for civil penalties equal to actual 

damages, except that a person who commits an intentional or willful 

violation of any provision herein shall be liable for punitive 

damages, which shall be assessed in an amount not to exceed three 

times actual damages or $1,000, whichever is amount is greater. 
00.1003 VIOLATIONS; JURISDICTION; ENFORCEMENT OF SUBPOENAS (con't.) 

- Gi2a'EiVer Indian Community 

B. Any person convicted in the Community Court to have violated any 

provision of this Title, shall be guilty of a criminal offense 

punishable by a fine not to exceed $5,000, or by imprisonment in the 

Community jail not to exceed one (1) year, or both. 

Gaming Ordinance No. GR-01-94 

00.1004 ENFORCEMENT OF COMMISSION SUBPOENAS 

A. The Executive Director may apply to the Community Court for an order 

returnable in not less than five (5) nor more than ten (10) days 

directing the person to show cause why he or she should not comply 

with such subpoena in the event: 

WInmnm 

December 15, 1993 

1. A person subpoenaed to appear before the Commission, to produce 

books, accounts, records, or other documents in any 

investigation or hearing conducted by the Commission fails to 

obey the command of the subpoena without reasonable cause; or 

2. A person in attendance at any hearing or investigation refuses, 

without lawful cause, to be examined, to answer any legal and 

pertinent question, or to exhibit any book, account, record, or 

other document when ordered to do so by the Commission. 

Imlm 

January 19, 1994 

B. No person shall be excused from testifying or producing any book, 

account, records or other documents as directed through a subpoena of 

the Commission on the ground that such testimony or documentary 

evidence may tend to incriminate himself or herself if the Commission 

or the General Counsel agree in writing that such person shall not be 

prosecuted, punished, or subjected to any penalty or forfeiture 

resulting from such testimony or production of documents. No person, 

however, shall be exempt from prosecution or punishment for any act of 

perjury committed in the course of testimony presented under a grant 

of immunity under this Subsection. 

Page 61 of 61 

APPROVED : FEB 0 2 1994 

\ 

Superintendent, Pima Agency