Eric N. Dahlstrom 

Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg 

234 North Central Avenue, Suite 722 

Phoenix, AZ 85004 

Re: Amendments to Gaming Ordinance of Gila River Indian Community 

Dear Mr. Dahlstrom: 

This letter is in response to your request to review and approve the amendment to the 

tribal gaming ordinance of the Gila River Indian Community (Tribe). The amendment to the 

ordinance was adopted by the Tribe by Resolution No. GR-09-96 on March 18, 1997. 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 ametidments to ordinances with respect to the 

requirements of the IGRA and the ir~ipler~ienti~ig reulations. Thus, the scope of the 

Chairman's review and approval is liriiited to the requirements of tile IGRA and the NIGC 

regulations. The amendments to the garliirig ordinance are primarily non-substantive in 

nature. The few changes that are substantive do not implicate the IGRA and are therefore 

riot subject to our approval. 

Thank you for sub~nitting tile amendnient to the tribal gaining ordinance of the Gila 

River Indian Community. The NIGC staff arid I look forward to working with you and the 

Tribe in the future. 

Sincerely yours, 

Torn Foley \ 

Vice Chairrnan 

cc: Mary Tho~nas, Governor of Gila Rivcr 

Rodney B. Lewis, General Coi~risel 

1441 L STREET, N.W. 9TH FLOOR WASHINGTON. D.C. 20005 TEL.: 202432-7003 FAX: 202-632-7068 
. ,: , < - .:j :; @ . . GILA RIVER INDIAN COMMUNITY b .g , 

SACATON, AZ 8q73 . r- 2 

-9c 

ORDINANCE GR-09-96 - a= 3 ern- \ .:, 2: 

A REVISION OF THE GAMING ORDINANCE 40 322 2"s 

mEREAS, the economic well-being and prosperity of members of tFe ~il$ 

River Indian Community (the l~~ommunityll) is a concer&f>tl$e 

highest priority to its governing body the Gila River 1&i3n 

Community Council (the "Community ~ouncill~); and 

WHEREAS, the community council, empowered by the Community's 

Constitution and Bylaws (1960) to pass ordinances toward the 

fulfillment of its powers, desires to enact this ~evised 

Gaming Ordinance in order to clarify and improve the terms 

for conducting and regulating gaming operations on Community 

lands; and 

WEREAS, the Community council is fully empowered to act in matters 

related to the community's commercial activities; and 

mEREAS, the Community, in 1994, in order to optimize employment 

opportunities for its members, and produce revenues to 

support the provision of essential tribal services, 

established a ~aming Enterprise to conduct 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. Section 2701 & 

u. (the "Actn) and by the regulations promulgated by the 

National Indian Gaming Commission at 25 C.F.R. Section 402.3 

(as published in the Federal ~egister at 57 Fed. Reg. 12382- 

12393, April 9, 1992) (the regulation^^^) ; and 

WHEREAS, the Community entered into a Tribal-State Gaming Compact with 

the State of Arizona under which the Community operates and 

regulates Class I11 gaming on the Gila River Indian 

Reservation (the ll~eservationn) on July 6, 1993 (the 

llCompactll) ; and 

WHEREAS, the Community recognizes that the economic success of its 

Gaming Enterprise is reliant on its fair and effective 

regulation by the community and its Gaming Commission; and 

WHEREAS, the Community has successfully conducted and regulated gaming 

under its Gaming ordinance, adopted on January 19, 1994 in 

GR-01-94, and as amended on March 23, 1994 in GR-04-94; and 

WHEREAS, as the result of a complete and thorough study of the Gaming 

Ordinance, the community has concluded that it should be 

revised to clarify and improve its provisions. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 2 

NOW THEREFORE BE IT RESOLVED, that the revision of the gaming ordinance 

is hereby approved and adopted and shall be known as the 

Gaming Ordinance, to govern, regulate, and control gaming 

activities in the Community. 

BE IT FURTHER RESOLVED, that the Gaming Ordinance shall become 

effective in accordance with the Constitution of the Gila 

River 1ndi.an Community and upon approval by the Chairman of 

the National Indian Gaming Commission. 

BE IT FURTHER RESOLVED, that the Governor, or her designee, is hereby 

authorized to sign and otherwise execute all documents 

necessary to secure approval by the Bureau of Indian Affairs, 

and the National Indian Gaming Commission. 

BE IT FINALLY RESOLVED, that Ordinance GR-01-94 and Ordinance GR-04-94 

are hereby rescinded. 

CERTIFICATION 

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

(7), (9) 1 (18), (19) 1 (b), (3), (5) 1 (61, (81, 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 24th day of December, 1996, at a Regular Community Council Meeting 

held in District #3, Sacaton, Arizona, at which a quorum of 14 members 

were present by a vote of 14 FOR; Q OPPOSE; Q ABSTAIN; 1 ABSENT; 2 

VACANCY. 

GILA RIVER INDIAN COMMUNITY 

ATTEST: 

COMMUNITY COUNCIL SECRETARY 
DECEMBER 1996 
GAMING ORDINANCE 

GR-09-96 

TABLE OF CONTENTS 

CHAPTER 1 . RULE OF INTERPRETATION AND DEFINITIONS ..... 1 

00.101 INTERPRETATION AND DEFINITIONS AS 

USED IN THIS TITLE ....... 1 

00.102 CALCULATION OF TIME ............. 11 

00.103 EFFECTIVE DATE ................ 11 

CHAPTER 2 . GENERAL ..................... 12 

00.201 OWNERSHIP OF GAMING ENTERPRISES ON THE 

RESERVATION ................. 12 

00.202 USE OF GAMING REVENUE ............ 12 

CHAPTER 3 . GILA RIVER GAMING COMMISSION .......... 12 

GILA RIVER GAMING COMMISSION ......... 12 

NECESSARY POWERS ............... 12 

COMPOSITION OF THE COMMISSION ........ 14 

TERMS OF COMMISSIONERS ............ 14 

SELECTION OF OFFICERS ............ 15 

RESIGNATION OF COMMISSIONERS ......... 15 

REMOVAL BY THE COMMUNITY COUNCIL ....... 15 

VACANCIES .................. 15 

REQUIREMENTS FOR COMMISSION MEMBERSHIP .... 15 

COMMISSIONERS BARRED FROM GAMING ON 

RESERVATION ................. 16 

OATH OF OFFICE ................ 16 

COMPENSATION ................. 16 

GENERAL MEETINGS ............... 16 

SPECIAL MEETINGS ............... 16 

MOTIONS AND RESOLUTIONS ........... 16 

QUORUM .................... 17 

QUARTERLY REPORTS .............. 17 

REGULATIONS ................ 17 

[deleted] .................. 19 

PERSONNEL .................. 19 

THE EXECUTIVE DIRECTOR ............ 19 

COOPERATION WITH LAW ENFORCEMENT AGENCIES . . 21 

CHAPTER 4 . LICENSING PROCEDURES .............. 21 

00.401 LICENSING REQUIREMENTS. GENERALLY ...... 21 

00.402 LICENSE APPLICATION ............. 21 

00.403 APPLICATION AND INVESTIGATIVE FEES ...... 25 

00.404 SUMMONING OF APPLICANTS ........... 26 

00.405 HEARING ON APPLICATIONS ........... 26 
WITHDRAWAL OF APPLICATION ......... APPLICATION FOR LICENSE AFTER DENIAL .... APPLICATIONS FOR EMPLOYMENT AFTER REVOCATION 

UNSUITABLE AFFILIATES ........... STANDARDS FOR LICENSING .......... LICENSING OF A NATURAL PERSON UNDER THE AGE 

OFEIGHTEEN ................ BACKGROUND INVESTIGATION ...... GRANTING A GAMING LICENSE ......... LICENSE SUSPENSION AND REVOCATION ..... IMMEDIATE SUSPENSION ............ COMPLAINT; SERVICE OF PROCESS ....... [deleted] ................. SUBPOENAS ................ HEARING. WRITTEN DECISION ......... SURRENDER OF LICENSE ............ ADDITIONAL SANCTIONS ............ ADVERSARY PROCEEDINGS OF THE COMMISSION . . CONDUCT OF ADVERSARY 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 ..... 

CHAPTER 5 . CONDUCT OF CLASS I1 AND CLASS I11 GAMING .... 40 

FINANCIAL PRACTICES AND REPORTING OF GAMING 

ENTERPRISES; MONTHLY REPORTS ......... 40 

MAINTENANCE OF GAMING ENTERPRISE FINANCIAL 

INFORMATION ................. 41 

MAINTENANCE OF BOOKS AND RECORDS; COMMISSION 

ACCESS .................... 41 

ALLOWABLE OPERATING EXPENSES ......... 41 

DEPOSIT OF GROSS RECEIPTS; PAYMENT OF 

OPERATING EXPENSES .............. 42 

ANNUALAUDIT ................ 42 

AUDITOFCONTRACTS .............. 43 

DISPOSITION OF NET CASH RECEIPTS ....... 43 

COMPLIANCE WITH THE INTERNAL REVENUE CODE . . 43 

[deleted] ................. 43 

NAME TAGS .................. 43 

QUALIFICATION FOR EMPLOYMENT; TESTING .... 44 

PREFERENCE IN EMPLOYMENT ........... 44 

ADVERTISEMENT OF POSITIONS .......... 44 

PERSONNEL POLICIES .............. 45 

REPORTOFLEASES ................ 45 

EMPLOYEEREPORT ............... 45 
LOANS TO GAMING ENTERPRISES ......... 46 

OPERATIONAL REQUIREMENTS ........... 47 

PUBLICATION OF PAYOFFS ............ 47 

GAMING BY PRINCIPALS AND EMPLOYEES ...... 47 

TRANSFER OF INTEREST BY LICENSEES ...... 47 

GAMINGDEVICES .............. 48 

REGULATION OF CHIPS AND TOKENS ... 48 

USE OF CHIPS AND TOKENS ........... 50 

REDEMPTION AND DISPOSAL OF DISCONTINUED CHIPS 

AND TOKENS .................. 51 

DESTRUCTION OF COUNTERFEIT CHIPS AND TOKENS . 51 

OTHER GAMING EQUIPMENT ............ 52 

PREMISES OPEN TO COMMISSION ......... 52 

PROTECTION OF THE ENVIRONMENT AND PUBLIC 

HEALTH AND SAFETY ........ 52 

CHAPTER 6 . CONDUCT OF CLASS I1 GAMES ............ 53 

00.601 MERCHANDISEPRIZES .............. 53 

00.602 PRIZE PURCHASE PRICES ............ 53 

00.603 NO LIMIT ON PRIZES .............. 53 

00.604 CLASS I1 RULES OF PLAY ............ 53 

00.605 PLAYERS ENTITLED TO VERIFICATION . 54 

CHAPTER 7 . ACCOUNTING PROCEDURES .............. 54 

00.701 [deleted] ................ 54 

00.702 ACCOUNTING RECORDS .............. 54 

00.703 [deleted] .................. 55 

00.704 INTERNAL CONTROLS .............. 55 

00.705 GROSS REVENUE COMPUTATIONS .......... 55 

00.706 FINANCIAL SERVICES FOR CUSTOMERS ....... 56 

CHAPTER8 -CLASS I GAMING ................. 56 

00.801 CLASS I GAMING ................ 56 

00.802 CLASS I GAMES EXEMPT FROM PROVISIONS OF THIS 

TITLE .................... 56 

CHAPTER 9 . CRIMES AND LIABILITIES CONCERNING GAMING .... 57 

00.901 FRAUDULENT ACTS ............... 57 

00.902 USE OF DEVICE FOR CALCULATING PROBABILITIES . 58 

00.903 USE OF COUNTERFEIT OR UNAPPROVED CHIPS OR 

TOKENS OR UNLAWFUL COINS OR DEVICES; 

POSSESSION OF CERTAIN DEVICES. EQUIPMENT. 

PRODUCTS OR MATERIALS ............ 59 

00.904 CHEATING ................... 60 

00.905 UNLAWFUL MANUFACTURE. SALE. DISTRIBUTION. 

MARKING. ALTERING OR MODIFICATION OF EQUIPMENT 

AND DEVICES ASSOCIATED WITH GAMING; UNLAWFUL 

INSTRUCTION ................. 60 
00.906 PENALTIES . . . . . . . . . . . . . . . . . . 60 

00.907 PROVIDING FALSE INFORMATION; OBSTRUCTION OF 

JUSTICE .........--.---.... 61 

00.908 DETENTION AND QUESTIONING OF PERSONS SUSPECTED 

OF VIOLATING CHAPTER; LIMITATIONS ON 

LIABILITY; POSTING OF NOTICE . . . . . . . . . 61 

00.909 DISPOSITION OF EVIDENCE SEIZED BY AGENT OF THE 

TRIBAL GAMING AGENCY OR THE STATE GAMING 

AGENCY. . . . . . . . . . . . . . . . . . . . 62 

CHAPTER 10 - JURISDICTION; STANDARD OF REVIEW . . . . . . . . 63 

00.1001 JURISDICTION IN THE COMMUNITY COURT . . . . . 63 

00.1002 COMMUNITY COURT REVIEW LIMITED TO THE RECORD 

OF THE COMMISSION PROCEEDINGS . . . . . . . . 64 

00.1003 VIOLATIONS; JURISDICTION; ENFORCEMENT OF 

SUBPOENAS . . . . . . . . . . . . . . . . . . 64 

00.1004 ENFORCEMENT OF COMMISSION SUBPOENAS . . . . . 64 

00.1005 PATRON DISPUTES . . . . . . . . . . . . . . . 65 
CHAPTER 1 - RULE OF INTERPRETATION AND DEFINITIONS 

00.101 INTERPRETATION AND DEFINITIONS AS USED IN THIS TITLE 

A. Unless a different meaning is clearly indicated, the 

terms used herein shall be interpreted to have the same 

meaning as in the Indian Gaming Regulatory Act, Public 

Law 100-497, 25 U.S.C. Sections 2701 & m. 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 Fed. Reg. 12382-12393, April 

9, 1992) and the. Gila River Indian Community-State of 

Arizona Gaming Compact. 

B. Definitions as used in this title 

1. Act shall mean the Indian Gaming Regulatory Act, as 

enacted by Public Law 100-497, and codified at 25 

U.S.C. Sections 2701 & seq. 

2. Applicant shall mean any person who or organization 

which has applied for or intends to apply for a 

License or Certification under the provisions of 

this Ordinance, or employment with a Tribal Gaming 

Enterprise on the Reservation, or approval of any 

transaction required or permitted under the 

provisions of the Act, the Compact, or this Title. 

3. Application shall mean a request for the issuance 

of a License, or Certification or for employment by 

a Tribal Gaming Enterprise located on the 

Reservation, or for approval of any act or 

transaction for which approval is required or 

permitted under the provisions of the Act, the 

Compact or this Title. 

4. Bingo Equipment shall mean, with respect to 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. 

5. Board of Directors shall mean the management board 

of a Tribal Gaming Enterprise located on the 

Reservation. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 2 

6. Cheat shall mean any act 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 or frequency of payment in a game 

subject to the provisions of this Title. 

7. Chip shall mean a non-metal or partly metal 

representative of value, redeemable for cash and 

issued and sold by a Gaming Enterprise located on 

the Reservation, for use at table or counter games 

at the Gaming Enterprise. 

8. Class I Gaming means gaming defined as Class I 

Gaming in section 4(6) of the Act, 25 U.S.C. 

§ 2703 (6). 

9. Class I1 Gaming means gaming defined as Class I1 

Gaming in section 4(7) of the Act, 25 U.S.C. 

§ 2703 (7). 

10. Class I11 Gaming means gaming defined as Class I11 

Gaming in section 4(8) of the Act, 25 U.S.C. 

§ 2703 (8). 

11. Commission shall mean the Gila River Gaming 

Commission established at Chapter Three of this 

Title. 

12. Commissioner shall mean a member of the Gila River 

Gaming Commission. 

13. Community shall mean the Gila River Indian 

Community, and as represented in their authorized 

capacities, its officials, agents and 

representatives. 

14. Community Council shall mean the Gila River Indian 

Community council, the governing body of the Gila 

River Indian Community. 

15. Community Court shall mean the trial court of the 

Gila River Indian Community established by its 

Constitution. 

16. Community Treasurer shall mean the Treasurer of the 

Gila River Indian Community. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 3 

17. Compact shall mean the Gila River Indian CommunityState of Arizona Gaming Compact of July 6, 1993, as 

may from time to time be amended. 

18. Constitution shall mean the Constitution and Bylaws 

of the Gila River Indian Community, Arizona (March 

17, 1960), as may be amended from time to time. 

19. Counsel or Attorney. Counsel or Attorney is any 

member of a federally recognized tribe who is 

selected to represent a community member in a 

proceeding before the Commission or any attorney 

who is a member in good standing of the State Bar 

of Arizona. 

20. Distributor shall mean a person who distributes 

Gaming Devices for use or play in a Gaming 

Enterprise. 

Entity shall mean any corporation, 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 Equity Securities, partnership 

interests, limited partnership interests or 

beneficial interest in a trust which holds or 

applies for a License or Certification under the 

provisions of this Title or the Compact. 

22. 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 

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: 
GILA RIVER INDI2W COMMUNITY 

ORDINANCE GR-09-96 

PAGE 4 

(1) a share of the profits; any other 

compensation by way of income; 

(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. 

23. Executive Director shall mean the Executive 

Director of the Commission. 

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

consecutive months chosen by a Gaming Enterprise 

located on the Reservation as the accounting period 

for its annual financial reports. 

25. Founding Commissioner shall mean a Commissioner 

appointed when the Commission is first established. 

26. Gaming Activity means all forms of Class I1 or 

Class I11 Gaming conducted within the Reservation. 

Gaming Device means a microprocessor-controlled 

electronic device which allows a player to play 

games of chance, some of which are affected by 

skill, which device is activated by the insertion 

of a coin, currency, Tokens or by the use of a 

credit, and which awards game credits, cash, 

Tokens, replays or a receipt that can be redeemed 

by the player for any of the foregoing. Game play 

may be displayed by: 

(1) Video facsimile; or 

(2) Mechanical rotating reels whereby the software 

of the device predetermines the stop positions 

and the presence, or lack thereof, of a 

winning combination and will pay out, if any. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 5 

28. Gaming Employee shall mean any natural person 

employed by a ~aming Enterprise or employed in the 

operation or management of any Gaming Activity 

including, but not limited to, any person whose 

employment duties require or authorize access to 

restricted areas of a Gaming ~acility not otherwise 

open to the public. 

29. Gaming Enterprise or Tribal Gaming Enterprise shall 

mean any enterprise established by the Community to 

conduct Class I1 or Class I11 Gaming on the 

Reservation. 

30. 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, keno 

equipment, and devices, for weighing or counting 

money. 

31. Gaming Facility or Gaming Facilities shall mean all 

buildings used in connection with the conduct of 

Gaming Activity on the Reservation. 

32. Gaming Services shall mean the goods and services 

other than legal services provided in connection 

with the conduct of Gaming Activity on the 

Reservation and shall include without limitation 

Bingo and Gaming Equipment and Gaming Devices, 

transportation, food, linens, janitorial supplies, 

maintenance, and security services for a Gaming 

Enterprise, provided, however, that the Commission 

may by Regulation exclude any purchases of goods or 

services from the definition of Gaming Services 

where the amount provided in any single month is 

less than $10,000. 

33. General Counsel shall mean the General Counsel of 

the community. 

34. Generally Accepted ~ccounting Principles shall mean 

the official pronouncement of the Government 

Accounting Standards Board, the Financial 

Accounting Standards Board and other authoritative 

sources recognized by certified public accountants. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 6 

35. Generally Accepted Auditing Standards shall mean 

the Auditing Standards as well as the Statements on 

Auditing Standards published by the American 

Institute of Certified Public Accountants. 

36. Governor shall mean the Governor of the Community. 

37. Gross Revenue shall mean, with respect to a Tribal 

Gaming Enterprise, the total casino revenue and 

other revenue of a Gaming Enterprise, less the 

total of all cash paid out as prizes to patrons. 

38. Internal Control System shall mean the written 

administrative and accounting procedures 

implemented by a Gaming Enterprise designed to 

provide reasonable assurance regarding the 

safeguarding of assets, effective and efficient 

operations, reliable financial reporting, and 

compliance with applicable laws and regulations to 

ensure effective control over the internal fiscal 

affairs of the Gaming Enterprise. 

39. 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. 

40. Key Employee shall mean a person who performs one 

or more of the following functions: 

a. Bingocaller; 

b. Counting room supervisor; 

c. Chief of Security; 

d. Custodian of gaming supplies or cash; 

e. Floor manager; 

f. Pit boss; 

g. Dealer; 

h. Croupier; 

i. Approver of credit; 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 7 

k. Custodian of Gaming Devices, including persons 

with access to cash and accounting records 

within such devices; and 

1. with respect to any other person: 

(a) those receiving cash compensation from 

gaming proceeds in excess of $50,000 per 

year; and 

(b) the four most highly compensated persons 

in a Gaming Enterprise. 

41. Lease shall mean any formal or informal, written or 

oral contract, understanding or arrangement whereby 

a Gaming Enterprise located on 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 also 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. 

42. Lessor shall mean any person who Leases or rents 

any property, whether real or personal, to a Gaming 

Enterprise located on the Reservation. 

43. 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 Activity or to provide Gaming Services. 

44. Licensee shall mean any natural person or Entity 

approved, Licensed, certified or otherwise found 

suitable by the Commission to be involved in the 

conduct of Gaming Activity or to provide Gaming 

Services to a Gaming Enterprise on the Reservation. 

45. 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. 

46. Manufacturer shall mean a person who or Entity 

which manufactures Gaming Devices for use or play 

in the conduct of Gaming Activity on the 

Reservation. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 8 

47. Net Income shall mean the Gross Revenue of a Gaming 

Enterprise less expenses, plus gains, minus losses. 

48. 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 Pari-Mutuel 

Pool, whether or not the wager is actually included 

in the total amount of the interstate wagering 

pool. 

49. 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; 

c. melting pots or other receptacles; 

d. torches; and 

e. tongs, trimming tools or other similar 

equipment. 

50. 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. 

51. Primary Management Official shall mean, with 

respect to a Gaming Enterprise: 

a. any person who has the authority to: 

(1) hire or fire employees; 

(2) establish working policy for the gaming 

operation; or 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 9 

b. The chief financial officer or other person 

who has financial management responsibility 

for a Gaming Enterprise. 

52. 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 with a Tribal Gaming 

Enterprise on 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 Entity constituting more than ten (10) 

percent of the total financing of the Entity. 

53. 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. § 781), or is an issuer subject to Section 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 10 

15 (d) of the Securities Exchange Act of 1934, as 

amended (15 U.S.C. S 780). 

54. 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. 

55. 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. 

56. Reservation shall mean Gila River Indian Community 

1ndian lands as defined by 25 U.S.C. Sections 2703 

(4) (A) and (B), subject to the provisions of 25 

U.S.C. Section 2719. 

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. 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. 

60. 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. 

61. Token shall mean a metal representative of value, 

redeemable for cash, issued and sold by a Gaming 

Enterprise located on the Reservation for use in 

Gaming Devices and table or counter games at a 

Gaming Enterprise. 

62. 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 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 11 

associations of Track operators. 

63. Wager shall mean a sum of money or thing or value 

risked on an uncertain occurrence in Class I1 or 

Class I11 Gaming. 

00.102 CALCULATION OF TIME 

In computing any period of time prescribed or allowed by this 

Ordinance, the day of the act, event or default from which the 

designated period of time begins to run shall not be included. The 

last day of the period so computed shall be included, unless it is 

a Saturday, a Sunday, or a legal holiday under the Community's 

laws, State law, or federal law, or when the act to be done is the 

filing of or providing access to any report or document, and the 

last day of the period falls on a day in which the weather or other 

conditions have made the offices in which the report or document is 

to be filed inaccessible, in which event the designated period 

shall extend until the end of the next day on which the office is 

accessible which is not a Saturday, Sunday or legal holiday, and is 

not one of the previously mentioned days. When the period of time 

prescribed or allowed is less than eleven (11) days, intermediate 

Saturdays, Sundays and legal holidays under the Community's laws, 

State law or federal law shall be excluded from the computation 

period. 

00.103 EFFECTIVE DATE 

This Ordinance shall become effective in accordance with the 

Constitution of the Gila River Pima Maricopa Indian Community and 

upon approval by the Chairman of the National Indian Gaming 

Commission. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 12 

CHAPTER 2 - GENERAL 

00.201 OWNERSHIP OF GAMING ENTERPRISES ON THE RESERVATION 

The Community shall have the sole proprietary interest in the 

conduct of any Class I1 or Class I11 Gaming Activity located on the 

Reservation. 

00.202 USE OF GAMING REVENUE 

A. Net revenues from Class I1 and Class I11 Gaming shall be 

used only for the following purposes: 

1. To fund Community government operations and 

programs ; 

2. To provide for the general welfare of the Community 

and its members; 

3. To promote Community economic development; 

4. To donate to charitable organizations; and 

5. To fund operations of local government agencies of 

the Community. 

B. If the Community elects to make per capita payments to 

Community members, it shall authorize such payments only 

upon approval of a plan submitted to the Secretary of the 

Interior as prescribed according to 25 U.S.C. Section 

2710(B) (3) . 

C. Any facility housing a Gaming Enterprise shall be 

constructed, maintained and operated in a manner that 

adequately protects the environment and the public health 

and safety. 

CHAPTER 3 - GILA RIVER GAMING COMMISSION 

00.301 GILA RIVER GAMING COMMISSION 

The Community council hereby establishes the Gila River Gaming 

Commission for the purpose of regulating all gaming conducted on 

the Reservation. The Commission is the designated Tribal Gaming 

Office under the Compact. 

00.302 NECESSARY POWERS 

The Commission shall exercise all proper power and authority 

necessary to effectuate the purposes of this Title. The Commission 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 13 

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 to 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 on the Reservation and to specify the conditions 

therefor in accordance with this Title. 

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

Entities, and Gaming Enterprises in accordance with this 

Title. 

C. To monitor and oversee the operation and conduct of all 

Gaming Activity on the Reservation on a continuing basis, 

including ongoing monitoring and oversight of Licensees 

engaged in the operation and conduct of Gaming Activity. 

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

conducted on the Reservation. 

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 on the 

Reservation. 

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

books and records respecting gross receipts of gaming 

activities operated or conducted on the Reservation and 

any other matters necessary to carry out the duties 

pursuant hereto. 

G. To bring suits in the Community Court to enforce this 

Title, including seeking temporary and permanent orders 

to cease any gaming not authorized by this Title. 

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 other tribal gaming offices, the State 

Gaming Agency and National Indian Gaming Commission for 

the enforcement of applicable federal and tribal 

regulation of Gaming Activity conducted on the 

Reservation. 

J. Subject to approval by the Community Council, to 

recommend an annual budget of the Commission. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 14 

K. Subject to approval by the community Council, to 

establish fees for ~pplications for Licenses. 

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. 

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

Sections 14 and 15 of the Compact. 

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 

Counc i 1. 

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 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 15 

appointment schedule, two (2) of the Founding Commissioners shall 

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

serve two (2) year terms, and 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 Commission and, by copy, notice 

to the Governor and 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. 

00.307 REMOVAL BY THE COMMUNITY COUNCIL 

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, but no Commissioner may be so 

removed on account of the exercise of reasonable judgment by a 

Commissioner on a matter within the Commissionfs responsibility. 

00.308 VACANCIES 

Any unexpired portion of a Commissioner's term of office, 

howsoever caused, shall be filled by a person qualified pursuant to 

Sections 00.303 and 00.309 hereof appointed by a majority of the 

Community Council. 

00.309 REQUIREMENTS FOR 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 of 

this Title. 

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

continue to serve as a Commissioner or as an appointee or 

employee of the Commission who: 

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

or 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 16 

2. has any financial interest in or management 

responsibility for any Gaining Activity. 

C. No person shall be considered for appointment as a 

Commissioner until the person completes a background 

questionnaire and it is provided to the Community 

Council. 

00.310 COMMISSIONERS BARRED FROM GAMING ON RESERVATION 

A Commissioner may not patronize either directly or through 

another party any Class I1 or Class I11 games conducted on the 

Reservation, have any personal financial interest whatever in any 

game or gaming engaged in by a patron of games conducted on the 

Reservation, or have any financial interest in any Entity 

doing business with any Licensee. 

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 in the same manner and with 

the same benefits as members of the Community Council 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, in accordance with the Community's Travel Expense 

Policy. 

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. The 

Commission may conduct portions of its meetings in executive 

sessions held pursuant to procedures the Commission adopts. 

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. 

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 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 17 

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 present at a meeting. 

00.317 QUARTERLY REPORTS 

The Commission shall make quarterly reports to the Community 

Council within forty five (45) days following the close of each 

calendar quarter. The Chief Executive Officer of a Gaming 

Enterprise shall cooperate with the Commission in the preparation 

of the reports. The Commissionls 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 Gaming Enterprises as 

reported to 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 which effectuate at least the 

following procedures: 

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, to every Gaming 

Enterprise, to the Secretary of the Community, to 

the Governor of the Community, to the Law Office of 

the Community, and to every person who has filed 

prior to the date of the notice, a request 

therefore; and 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 18 

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; 

2. reference to the authority under which the action 

is proposed; and 

3. either express terms or an informative summary of 

the proposed action. 

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

notice, the Commission shall grant any interested person 

as defined pursuantto 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 consider all relevant matters presented 

to it 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: 

1. the substance or nature of the Regulation, 

amendment or rescission requested; 

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. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 19 

F. In emergencies, the commission may summarily adopt, amend 

or rescind any ~egulation affecting Gaming Activity 

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; and 

simultaneously provides a copy of such finding to each 

Entity listed in paragraph A.2 above. 

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. 

00.319 [deleted] 

00.320 PERSONNEL 

The Commission shall hire the Executive Director and such 

other personnel as is necessary to ensure the proper enforcement of 

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

Commission shall be hired through the Communityfs regular personnel 

procedure and shall be subject to its personnel policies and salary 

schedules. 

00.321 THE EXECUTIVE DIRECTOR 

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

with the following responsibilities: 

1. The fulfillment and insurance of compliance with 

the requirements and provisions of this Title, the 

Compact and the Act; 

2. The cost-effective management of the Commissionfs 

resources according to the financial management and 

procurement procedures of the Community; 

3. The supervision, according to an organizational 

chart approved by the Commission, of personnel of 

the commission according to the provisions of the 

Communityfs personnel policies and procedures 

manual ; 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 20 

4. The hiring and firing of personnel and the 

maintenance of personnel records regarding 

personnel of the Commission; 

5. Cooperation with officials exercising jurisdiction 

for the enforcement of the law including this 

Title, the Compact, and the Act; 

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, maintenance review and evaluation 

of financial records obtained from 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 Title and the 

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. 

C. The Executive Director is designated the agent of the 

Commission and is authorized to accept service of process 

for the Commission. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 21 

00.322 COOPERATION WITH LAW ENFORCEMENT AGENCIES 

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 on the Reservation. 

CHAPTER 4 - LICENSING PROCEDURES 

00.401 LICENSING REQUIREMENTS, GENERALLY 

A. All Gaming Employees, Primary Management Officials, Key 

Employees, Gaming Enterprises, any person or Entity 

providing Gaming Services or Gaming Equipment to a 

Gaming Enterprise, and any person having any interest 

in or duty to perform with respect to gaming conducted 

on the Reservation, whether that interest or duty is 

direct or indirect, shall apply for and receive a 

License or a Temporary License from the Commission 

prior to their participation in any Gaming Activity. 

B. The Commission shall require that a separate License be 

maintained by a Gaming Enterprise for each place, 

facility, or location on the Reservation where a Gaming 

Enterprise is involved in the conduct of Class I1 or 

Class I11 Gaming pursuant to this Title. 

C. Temporary Licenses. The Commission may issue a 

temporary license upon receipt of a completed 

Application for a License unless a background 

investigation or the ~pplication demonstrates on its 

face grounds to disqualify the Applicant. The 

Temporary License shall be valid until either replaced 

by a License or it is cancelled by the Commission. 

00.402 LICENSE APPLICATION 

A. Notice to Applicant - The following notice shall be 

placed on the Application form for prospective Key 

Employees and Primary Management Officials: 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 22 

In compliance with the Privacy Act of 1974, the 

following information is provided: Solicitation of the 

information on this form is authorized by 25 U.S.C. 

SS 2701 et seq. The purpose of the requested 

information is to determine the eligibility of 

individuals to be employed in a gaming operation. The 

information will be used by members and staffs of the 

Gila River Indian Gaming Commission, (the "Commi~sion~~), 

the National Indian Gaming Commission (the I1NIGCn) and 

the Arizona State Gaming Agency (the ltASGAU) 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 foreign 

law enforcement and regulatory agencies when relevant to 

civil, criminal or regulatory investigations or 

prosecutions or when pursuant to requirement by the 

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

or firing of an employee, the issuance or revocation of 

a gaming License, or investigations of activities while 

associated with a Gaming Enterprise on the Gila River 

Indian Reservation. Failure to consent to the 

disclosures indicated in this notice will result in a 

finding of ineligibility for employment or a License in 

a Primary Management Official or Key Employee position 

by a Gaming Enterprise operated on the Gila River Indian 

Reservation as defined pursuant to Title 22 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 Community, in 

refusing to answer questions of the Commission, 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 which is issued by the Commission 

shall be deemed to be a revocable privilege and no 

person holding such a License by the Commission is 

deemed to have acquired any vested rights therein. 

The burden of proving the Applicant's 

qualifications, to receive a License is understood to be 

at all times on the Applicant. An Applicant assumes any 
GILA RIVER INDImCOMMUNITY 

ORDINANCE GR-09-96 

PAGE 23 

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 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 

shall constitute a request to the Commission, the NIGC 

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 Commission, 

the NIGC or the ASGA. The Applicant specifically 

consents to the making of such a decision by the 

Commission, the NIGC or the ASGA at its election when 

the Application, after filing, becomes moot for any 

reason other than death. 

It shall be grounds for disqualification from 

consideration for employment (or for termination after 

hire if selected) for there to be knowingly included in 

your Application any false statement or omission of a 

material fact necessary to make a given statement not 

misleading in view of the circumstances under which they 

occurred or were stated. Additionally, false statements 

are punishable by fine or imprisonment pursuant to 18 

U.S.C. § 1001. 

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

written application in the form prescribed by the omm mission, 

duly executed and verified which shall certify: 

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

written), Social Security Number(s), birth date, place 

of birth, citizenship, gender, all languages (spoken or 

written) ; 

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

and employment positions held, ownership interests in 

those businesses, business and residence addresses, and 

driver's license numbers; 

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

personal references, including one personal reference 

who was acquainted with the Applicant during each period 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 24 

of residence listed under paragraph b.(2), immediately 

above ; 

4. Current business and residence telephone numbers; 

5. A description of any existing and previous business 

relationships with Indian tribes, including ownership 

interests in those businesses; 

6. A description of any existing and previous business 

relationships with the gaming industry generally and any 

ownership interest in businesses or Entities with a 

direct or indirect involvement in the gaming industry; 

7. The name and address of any licensing or regulatory 

agency with which the person has filed an Application 

for a License or permit related to gaming, whether or 

not such License or permit was granted; 

8. For any felony for which there is pending prosecution or 

in relation to which a conviction has been effected, the 

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

the date and disposition if any; 

9. For each misdemeanor conviction or ongoing misdemeanor 

prosecution and any adverse juvenile disposition 

(excluding 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; 

For each criminal charge (excluding minor traffic 

citations and non-public juvenile proceedings), whether 

or not there is a conviction, if such criminal charge is 

within 10 years of the date of the Application and is 

not otherwise listed pursuant to paragraph (B)(8) or 

(B)(9) of this Section, the criminal charge, the name 

and address of the court involved and the date and 

disposition; 

11. The name and address of any licensing or regulatory 

agency with which the person has filed an application 

for an occupational License or permit, whether or not 

such License or permit was granted; 

12. A current photograph; 

13. Any other information the Commission deems relevant; and 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 25 

14. Fingerprints consistent with procedures adopted by the 

Commission and in accordance with 25 C.F.R. Section 

522.2(h) shall be taken by personnel of Law Enforcement 

Services, Pima Agency, Bureau of Indian Affairs, 

Department of Interior. 

C. Every statement, notice or report made as part of an 

Application must be accurate and complete as to content, 

including any requested supplemental information. Failure to 

supply supplemental information in the Applicantts possession 

within fifteen (15) days or other information within a 

reasonable period following the date on which the Applicant 

receives notice of the Commissionts request for supplemental 

information shall constitute grounds for denying the 

Application 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 Commissionts 

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 the 

Application accurate, complete and not misleading. 

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

Commission 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 any time requirements 

set forth in this Title or in the Compact. 

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

may be incorporated by reference in a subsequent Application 

provided the incorporated document is available in the files 

of the Commission and is current and accurate on the date of 

filing. 

00.403 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 may require an Applicant to 

pay such supplementary investigative fees and costs 

as are required by the Commission. Such 

supplementary fees and costs may be estimated and 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 26 

the Applicant required to pay a deposit amount into 

a special investigative account established for the 

Applicant as a conditicn 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 costs. 

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 

The Commission may summon any person applying for a License and 

other witnesses to appear and testify before the Commission or Staff of 

the Commission 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 its staff 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. 

00.405 HEARING ON APPLICATIONS 

A. Upon the conclusion of an investigation by the Commission, it 

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. 

00.406 WITHDRAWAL OF APPLICATION 

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 ~pplication or grant the request with or 

without prejudice. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 27 

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

Applicant shall be foreclosed from reapplying for a license 

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

withdrawal. 

00.407 APPLICATION FOR LICENSE AFTER DENIAL 

Any person or ~ntity whose ~pplication has been denied shall be 

foreclosed from reapplying for a license 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. 

00.408 APPLICATIONS FOR EMPLOYMENT AFTER REVOCATION 

Any person or Entity whose License is revoked by the commission 

shall be foreclosed from applying for employment with any ~aming 

Enterprise on the Reservation for a period of two (2) years from the 

effective date on which notice of the Commission's action 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, employment status or related Application upon 

grounds that the ~pplicant or Licensee is associated with, controls, or 

is controlled by, or is under common control with, a person or persons 

violating the licensing standards set forth in Section 00.410 hereof. 

00.410 STANDARDS FOR LICENSING 

No License 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 or associations will 

not result in adverse publicity concerning the Community or a 

Gaming Enterprise; and 

C. is a person whose prior activities, criminal record, if any, 

or reputation, habits and associations do not pose a threat 

to the public interest or to the effective regulation of 

gaming, or do not create or enhance the dangers of 

unsuitable, unfair, or illegal practices and methods and 

activities in the conduct of gaming. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 28 

00.411 LICENSING OF A NATURAL PERSON UNDER THE AGE OF EIGHTEEN 

The Commission shall not grant a ~icense to an individual under 

eighteen (18) years of age. 

00.412 BACKGROUND INVESTIGATION 

A. The Commission shall conduct or cause to be conducted an 

investigation sufficient to make a determination of every 

Application submitted pursuant hereto. In conducting a 

background investigation, the Commission and its agents shall 

maintain the confidentiality of the identity of any person 

interviewed in the course of the investigation. 

B. Information provided pursuant to Section 00.402 and 

information from other sources shall be used by the 

Commission to conduct background investigations of: 

1. Primary Management Officials and Key Employees, 

including members of the Board of Directors of each 

Tribal Gaming Enterprise; 

2. Every Gaming Employee and every employee of the 

Commission and each Commissioner; and 

3. Manufacturers, suppliers and distributors of Gaming 

Devices, Gaming Equipment and Gaming Services. 

C. The commission shall forward a copy of the Application and 

Investigation Report for Key Employees and Primary Management 

Officials to the National Indian Gaming Commission as 

follows: 

1. Whenever a Key Employee or Primary Management Official 

applies for a License under this Title, and before a 

License is granted under Section 00.401At herein, the 

Commission shall forward to the National Indian Gaming 

Commission a completed Application and a request that a 

background investigation be conducted. 

2. The Commission shall also forward an Investigation 

Report to the National Indian Gaming Commission upon its 

completion or not later than sixty (60) days after a Key 

Employee or Primary Management Official begins work at a 

Gaming Enterprise on the Reservation. The Investigation 

Report shall describe the steps taken in the 

investigation, any conclusions reached, and all 

information required by the NIGC. 
GZLX RIVER INDIAN COMMUNITY 

C iLDINANCE GR-09-9 6 

AGE 29 

3. No Gaming Enterprise on the Reservation shall employ or 

continue to employ a Key Employee or Primary Management 

Official who does not have a License within ninety (90) 

days following submittal of his or her Application to 

the NIGC. 

D. The Commission shall submit to the National Indian Gaming 

Commission, with the Investigative Report, a copy of the 

eligibility determination made under Section 00.413 herein. 

E. In the event the omm mission does not issue a License to an 

Applicant who has submitted an Application for a License, the 

Commission: 

a. Shall notify the State Gaming Agency and 

b. Shall forward copies of any such noneligibility 

determination along with any Investigative Report 

to the National Indian Gaming Commission for 

inclusion in the Indian Gaming Individuals Records 

System. 

F. Background investigations of Key Employees and Primary 

Management Officials--Description of Procedures 

The procedures for background investigation of Key Employees 

and Primary Management Officials are as follows: 

1. The Commission is responsible for conducting background 

investigations and suitability determinations in 

accordance with the Act and the Compact. 

2. The Commission delegates the responsibility to and 

directs and authorizes its Executive Director and the 

Commission investigative staff to conduct background 

investigations and suitability determinations and they 

shall: 

a. Conduct and cause to be conducted background 

investigations; 

b. Review and approve the investigative work done; 

c. Report the results of background invest.igations to 

the National Indian Gaming Commission; 

d. Obtain and process fingerprints; and 

e. Make suitability determinations. 
GT '.i RIVER INDIAN COMMUNITY 

C.. JINANCE GR-09-96 

?AGE 30 

The Commission was established pursuant to this 

Ordinance by the Community Council and the Commissioners 

were selected by the Community Council in accordance 

with Chapter 3 above. The Executive Director shall be 

selected by the Commission and the Commission shall have 

the power to terminate the Executive Director. The 

investigative staff shall be hired by the Executive 

Director in accordance with Section 00.320 of this 

Ordinance. 

4. The investigative procedure shall include but not be 

limited to the following: 

a. Verify by written or oral communication information 

submitted by applicant. 

. Inquire into the applicant's prior activities, 

criminal record, if any, and reputation, habits and 

associations; interview a sufficient number of 

knowledgeable people such as former employers, 

personal references, and others to whom referred in 

order to provide a basis for the Commission to make 

a finding concerning the eligibility for employment 

in a gaming operation. 

c. Document the disposition of all potential problem 

areas noted and disqualifying information obtained. 

5. Prepare investigative reports setting forth the 

following: 

a. Steps taken in conducting the background 

investigation; 

b. Results obtained; 

c. Conclusions reached; and 

d. The basis for those conclusions. 

00.413 GRANTING A GAMING LICENSE 

A. If, within a thirty (30) day period after the National Indian 

Gaming Commission receives both an Application and an 

Investigation Report from the Commission, the National Indian 

Gaming Commission notifies the Commission that it has no 

objection to the issuance of a License to a Key Employee or a 

Primary Management Official, the Commission may issue a 

License to such Applicant. 
Gl2 RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 31 

B. The Commission shall respond to a request for additional 

information from the National Indian Gaming Commission 

concerning a Key Employee or a Primary Management Official 

who is the subject of an Investigative Report. Such a 

request shall suspend the thirty (30) day period under 

Subsection 00.413 A. until the National Indian Gaming 

Commission receives the additional information. 

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

National Indian Gaming Commission provides the Commission 

with a statement itemizing objections to the issuance of a 

License to a Key Employee or to a Primary Management Official 

for whom the Commission has provided an Application and 

Investigative Report to the National Indian Gaming 

Commission, the Commission shall reconsider the Application, 

taking into account the objections itemized therein. The 

Commission shall make the final decision whether to issue a 

License to such Applicant. 

LICENSE SUSPENSION AND REVOCATION 

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

from the National Indian Gaming Commission or other source 

reliable information indicating that a Key Employee, a 

Primary Management Official, or other Licensee is not 

eligible for a License under 00.410, the Commission shall 

suspend such License and shall notify in writing the Licensee 

of the suspension and the proposed revocation. 

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

place for a hearing on any proposed revocation of a License. 

C. After a revocation hearing, the Commission shall decide 

whether to revoke, to reinstate, or to take other action 

concerning a gaming License. The Commission shall notify the 

State Gaming Agency and the National Indian Gaming Commission 

of its decision. 

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

this Title, a License may be suspended by the Commission, 

and, after notice and hearing as provided in this Title, a 

License may be revoked if it is shown that the Licensee: 

1. has knowingly made a materially false or misleading 

statement in any Application for a License, in any 

amendment thereto, or in any response to a request by 

the Commission for supplemental information or in 

connection with any investigation of the Commission; 
GILA RIVER INDIAN COMMUNITY 

CSDINANCE GR-09-96 

PAGE 32 

2. has failed to keep sufficient books and records to 

substantiate any reports required by this Title or 

Regulations of the ~ommissi~n; 

3. has falsified any books or records relating to any 

transaction connected with the operation or conduct of 

Class I1 or Class I11 ~aming conducted on the 

Reservation; 

4. has been convicted of any felony or gaming offense; 

5. has interfered with or unduly influenced or attempted to 

interfere or unduly influence any legislative or 

administrative decision or process of the Commission or 

the Community; 

6. has deliberately or substantially failed to provide 

information to or answer relevant questions of the 

Commission or its staff or failed to comply with the 

provisions of this Title or the terms of any License 

granted pursuant hereto; 

7. does not meet the standards established in Section 

00.410 herein; or 

8. has failed to comply with applicable laws or regulations 

of the Community, ~egulations of the Commission, 

provisions of the Compact, regulations of the National 

Indian Gaming Commission, the Act, or other applicable 

federal laws. 

9. 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 safe, 

fair and honest operation and conduct of Class I1 or Class I11 Gaming 

on the Reservation requires the immediate exclusion of a Licensee from 

involvement in such gaming, the Commission may immediately suspend a 

License prior to the conduct of a hearing of the matter. Such an 

immediate suspension may take effect upon service of a complaint upon 

the Licensee. 

00.416 COMPLAINT; SERVICE OF PROCESS 

Proceedings to suspend or revoke a License or to take other 

disciplinary action against a Licensee shall be initiated by the 

Commission by serving a complaint upon the Licensee. The service of 

process of the Commission, including complaints, subpoenas, or other 
G-LA RIVER INDIAN COMMUNITY 

C?.DINANCE GR-09-96 

?AGE 33 

process may be accomplished in the same manner as similar process 

issued by the Courts of the Gila River Indian Community or if served 

outside the boundaries of the community, then according to the 

applicable local rules of civil procedure. 

00.417 [deleted] 

00.418 SUBPOENAS 

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 at depositions and at hearings, for medical or physical 

examination, and for the production of papers, books, records, and 

documents. 

00.419 HEARING, WRITTEN DECISION 

Hearings of the Commission shall be held and concluded without 

unreasonable delay. Following a hearing, the Commission shall timely 

issue a decision in writing and shall include findings of fact and 

conclusions of law in support of its decision. The Commission shall 

issue its decision within sixty (60) days of the hearing. The Licensee 

shall be informed 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 

When the Commission suspends or revokes a License, the Licensee 

shall surrender the License to the omm mission 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 

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: 

1. Participate, directly or indirectly, in the operation or 

conduct of Class I1 or Class I11 Gaming anywhere on the 

Reservation; or 

2. Apply for a License within the periods provided in 

00.406 C. and 00.408. 

B. A declaration of ineligibility by the Commission may be 

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

include any Primary Management Officials, Key Employees, 
C' :.:..A RIVER INDIAN COMMUNITY 

C.:3INANCE GR-09-9 6 

PAGE 34 

officers and/or directors of the Licensee and any of its 

subsidiary organizations, parent organizations, or 

affiliates. 

00.422 ADVERSARY PROCEEDINGS OF THE COMMISSION 

A. Service of Complaint - Upon referral by the Commission the 

Executive Director shall institute an adversary proceeding 

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. 

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

an adversary proceeding must be in writing and set forth in 

ordinary and concise language the acts or omissions which the 

respondent is believed to have committed. The complaint must 

cite the sections of law or regulation which the respondent 

is alleged to have violated. 

C. Answer - The respondent shall file an answer to the complaint 

with the Commission within twenty (20) days after service of 

the complaint. 

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 each and every fact alleged in the 

complaint; 

c. state which allegations he or she is without 

knowledge or information sufficient to form a 

belief as to their truth. Such allegations shall 

be deemed denied; and 

d. affirmatively set forth any matter which 

constitutes an avoidance or affirmative defense. 

2. The respondent may demand a hearing in his or her answer 

to the complaint. Failure to demand a hearing in the 

answer constitutes a waiver of that right but, at the 

Commissionls discretion, a hearing not requested in the 

respondentls answer may be granted. 

3. Failure to file an answer constitutes an admission by 

the respondent of all facts alleged in the complaint. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 35 

The commission may take action based on such an 

admission and on other evidence without further notice 

to the respondent. 

D. Setting of Hearing - The Chair of the Commission shall serve 

a notice of the hearing date within fourteen (14) days 

following receipt of respondent's answer. 

E. 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 in advance by the 

Commission. 

2. Once a party appears 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 

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

other papers on behalf of the party. 

4. The Executive Director may appear by and have the 

assistance of counsel. 

F. Prehearing Conferences 

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

the Chair of the Commission 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 prehearing conference shall be 

prepared to consider and act to address any or all of 

the following, as directed by the Chair of the 

Commission: 

a. the formulation and simplification of the issues; 

b. the necessity or desirability of amendments to the 

complaint or answer; 

c. the possibility of obtaining admissions of fact 

which will avoid unnecessary proof, stipulations 

regarding the admissibility or authenticity of 

documents, and advance rulings from the Chair of 
G' ..A RIVER INDIAN COMMUNITY 

L .';3INANCE GR-09-9 6 

PAGE 36 

the commission 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 

prehearing 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 action. 

3. At a time designated by the Chair of the Commission, the 

respondent and the Executive Director shall set forth in 

a written prehearing statement, to be filed in the 

proceeding record, any matter no longer in dispute, and 

any matters for which no agreement has been reached and 

which require a ruling. 

G. Discovery: Mandatory Exchanges 

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

respondent's answer is received by the Commission, or such 

other date as the parties may agree or the Chair of the 

Commission may order, the respondent and the Executive 

Director shall personally confer and shall: 

1. 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; 

2. 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; 
GlLA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 37 

Exchange written lists of persons each party intends to 

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

4. 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. 

00.423 CONDUCT OF ADVERSARY HEARINGS 

The following procedures shall apply to adversary proceedings 

conducted under this chapter. 

A. A respondent may present and argue any legal objections to 

the complaint set forth in his or her answer. 

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 until commencement of the 

presentation of the case for the respondent. 

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 

Commission 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 the case for the respondent. 

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

Director may present his or her case in rebuttal. 

G. Upon conclusion of the ~xecutive ~irector's case in rebuttal, 

the Executive Director shall present his or her closing 

argument, the respondent may present answering argument, and 

thereafter the ~xecutive Director may present rebuttal 
GY..,A RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 38 

argument. Thereupon the matter will stand submitted for 

decision. 

H. Any member of the commission may ask questions of witnesses, 

parties, or counsel 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. 

J. The Commission may meet in closed session with, or without, 

counsel to deliberate concerning any ruling and the final 

decision in the proceeding. All rulings and decisions shall 

be announced in open session. 

K. The open sessions of an adversary hearing shall be recorded 

either by audio recording or by stenographic means. The 

transcript or audio tape shall be made a part of the hearing 

record. 

The Commission may delegate responsibility for conducting 

prehearing and hearing proceedings, in whole or in part, to a 

hearing officer. A hearing officer that conducts a hearing 

on behalf of the Commission shall issue a written decision 

which the commission may adopt as the decision of the 

Commission. If the Commission does not adopt a hearing 

officer's decision, then the Commission shall establish such 

further proceedings as may be required to enter a final 

decision and shall provide notice of the same to the 

Licensee. 

00.424 EVIDENCE: ADMISSIBILITY 

A. Reliable evidence will be admitted in a proceeding. 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. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE OR-09-96 

PAGE 39 

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 against self-incrimination with 

respect to any question propounded to him or her at a 

deposition or at a hearing, the omm mission 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 against self-incrimination 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 self-incrimination, 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 Chair of the Commission. 

00.428 DEFAULTS 

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

request a hearing, to appear personally at a hearing on the merits or 

to appear at a prehearing conference 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. For good cause shown, the Commission 

may set aside any action it has taken based upon a default. 

00.429 STANDARDS OF PROOF 

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 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 40 

more convincing force and produces in the ninds 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 sixty (60) days after the hearing 

and served upon the parties personally, by certified mail, return 

receipt requested. A copy shall also be provided to the Governor of 

the Community at the same time. 

00.431 PENALTIES 

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

of any person or Entity, 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. All fines received by the Commission shall be 

deposited in the general fund of the Community. 

00.432 RIGHT TO APPEAL TO COMMUNITY COURT 

A Licensee may appeal a final decision of the Commission to 

suspend or revoke a License, but not the denial of an Application, in 

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

effective date of such final decision. 

CHAPTER FIVE - CONDUCT OF CLASS 11 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 Chief 

Executive Officer of each ~aming ~nterprise shall file with the 

Commission and the Treasurer of the Community: 

A. The financial statements for Class I1 and Class I11 

Gaming for the preceding calendar month prepared in 

accordance with Generally Accepted Accounting 

Principles; 

B. A schedule listing the names and addresses of each 

person or Entity to whom an aggregate of $600 or more of 

non-payroll expense has been incurred or paid during the 

month; and 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 41 

C. The purposes for which each such payment was made. 

D. The Chief Executive officer shall attest in writing that 

the financial statements and schedules are complete and 

accurate based upon information reasonably known at the 

time. 

00.502 MAINTENANCE OF GAMING ENTERPRISE FINANCIAL INFORMATION 

A. Each Gaming Enterprise shall be responsible for maintaining 

financial books and records necessary for the development and 

sabstantiation of financial reports made to the Commission. 

B. The failure of the Chief Executive Officer to file a report 

required by the commission within the time allowed, or if a 

report is not fully, accurately and truthfully completed, is 

cause for suspension of the Chief Executive Officer's 

License. 

00.503 MAINTENANCE OF BOOKS AND RECORDS; COMMISSION ACCESS 

A. A Gaming Enterprise shall maintain books of account showing 

the condition of the business and all transactions in 

accordance with Generally Accepted Accounting Principles, 

including all transactions relating to Class I1 or Class I11 

Gaming. 

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 ~aming Enterprises regulated pursuant to 

this Title shall be maintained for five years. 

00.504 ALLOWABLE OPERATING EXPENSES 

A. No item of expense shall be incurred or paid by a Gaming 

Enterprise in connection with the operation or conduct of 

Class I1 or Class I11 Gaming, or any other activity, except 

business related expenses of reasonable amounts. 

B. Expenses, revenue and transactions shall be recorded under 

classifications accepted in the gaming industry and by the 

Governmental Accounting Standards Board that shall be 

summarized in a chart of accounts prepared by the Gaming 

Enterprise and provided to the Commission. The Gaming 

Enterprise shall notify the Commission in writing in advance 

of any changes in the chart of accounts. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 42 

C. No expenses shall be incurred except in accordance with the 

budget of the Gaming ~nterprise which has been approved by 

its Board of Directors in accordance with procedures required 

by the Community Council. 

D. No extraordinary expenses or obligations not in the ordinary 

course of business, such as to expand a facility, to purchase 

or lease real property, or to encumber the property or 

revenue of a Gaming ~nterprise may be incurred or undertaken 

except upon the prior approval of the Community Council. 

00.505 DEPOSIT OF GROSS RECEIPTS; PAYMENT OF OPERATING EXPENSES 

All gross receipts of Gaming ~nterprises shall be deposited in a 

single account of the Gaming Enterprise. All operating expenses shall 

be withdrawn from such account by consecutively numbered checks duly 

signed by two authorized signatories of the Gaming Enterprise. No 

check issued by a Gaming Enterprise located on the Reservation shall be 

drawn to "cashu or a fictitious payee. The foregoing however shall not 

restrict the Gaming Enterprises board of director's authority to 

establish such additional bank accounts that in its prudent judgment 

enhances the accountability of its business activities. Examples of 

such additional bank accounts are accounts for payroll, slots jackpot, 

keno prizes, bingo prizes, and for ATM transactions. 

00.506 ANNUAL AUDIT 

A. A Tribal Gaming Enterprises' financial statements, shall be 

audited, not less than annually, by an independent certified 

public accountant licensed by the State. The financial 

statement and audit shall be prepared in accordance with 

Generally Accepted Auditing Standards and shall be delivered 

to the Tribal Gaming office, the State Gaming Agency and the 

National Indian Gaming Commission within one hundred twenty 

(120) days of the close of the Fiscal Year of the Gaming 

Enterprise. 

B. The cost of the annual audit shall be borne by the Gaming 

Enterprise. The outside accountants shall be retained to 

perform the audit under an agreement in writing that names 

the Treasurer of the community, the Commission, and the Board 

of Directors of the Gaming Enterprise as clients; that 

requires the accountants to consult with and report fully the 

results of their audit to their clients; and that sets out 

the scope of the audit as agreed to by the Commission, the 

Gaming Enterprise, and the Treasurer of the Community. 

C. The accountants shall perform an annual financial statement 

audit in accordance with Generally Accepted Auditing 

Standards and, may also be engaged by the Commission or the 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 43 

Gaming Enterprise to audit other functions of the Gaming 

Enterprise, including but not limited to the following: 

1. Audit or review the books and records of the Gaming 

Enterprise; 

2. Review the accounting methods and procedures used by the 

Gaming Enterprise; 

3. Review and observe methods and procedures used by the 

Gaming Enterprise to count and handle cash, Chips, 

Tokens, negotiable instruments and credit instruments; 

4. Examine the Gaming Enterprise's records and procedures 

in extending credit; 

5. Examine and review the Gaming Enterprise's internal 

control procedures and compliance therewith; 

6. Examine all accounting and bookkeeping records and 

ledger accounts of the Gaming Enterprise; 

AUDIT OF CONTRACTS 

Any contract with a Gaming Enterprise for supplies, services, 

or concessions, which exceeds $25,000 annually, except contracts for 

professional legal and accounting services, shall be specifically 

included within the annual outside audit. 

DISPOSITION OF NET CASH RECEIPTS 

The net cash receipts derived from the conduct of Class I1 and 

Class I11 Gaming conducted on the Reservation, including receipts from 

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

on a daily basis, subject to a reasonable reserve for operations. 

00.509 COMPLIANCE WITH THE INTERNAL REVENUE CODE 

Each Gaming Enterprise shall maintain a permanent record 

containing the name and address of each player who receives a prize or 

payoff in any instance required by, and in accordance with, the 

Internal Revenue Code of 1986, as amended. 

00.510 [deleted] 

00.511 NAME TAGS 

All Gaming Employees and persons who operate or conduct, or assist 

in operation or cond,uct of Class I1 or Class I11 Gaming shall wear 

legible tags evidencing their names and the legend of the Gaming 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 44 

Enterprise. 

00.512 QUALIFICATION FOR EMPL0YMENT;'TESTING 

Employees of Gaming ~nterprises 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, and for physical or chemical 

evidence of controlled substances or alcohol, including but not limited 

to polygraph testing, in accordance with applicable federal law. No 

person shall be employed by a ~aming ~nterprise whose prior activities, 

criminal record if any, reputation, habits, or 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 

At least 65 percent of the employees of each Gaming Enterprise 

located on 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 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 

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 Gaming Enterprise within projected reasonable 

timeliness. A Gaming Enterprise shall not, for the purpose of avoiding 

the requirement of this section, hire non-members as or through 

independent contractors. 

00.514 ADVERTISEMENT OF POSITIONS 

All positions and vacancies in ~aming Enterprises located on the 

Reservation shall be posted at all Gaming Facilities and at such other 

reasonable locations as are 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. 
GILA RIVER INIIIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 45 

00.515 PERSONNEL POLICIES 

Each Gaming Enterprise 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 or adverse personnel action. 

00.516 REPORT OF LEASES 

Each Gaming Enterprise shall report to the Commission all leases 

and amendments thereto to which it is a party not later than thirty 

(30) days following the effective date of the lease or any amendment 

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. 

00.517 EMPLOYEE REPORT 

A. Each Gaming Enterprise shall submit a quarterly employee 

report to the Commission on a form to be furnished by the 

Commission. The report shall identify the job classification 

for each Licensee engaged in Gaming Activity and for each 

whether : 

1. the individual is directly or indirectly engaged in the 

administration or supervision of the Gaming Enterprise 

or security activities of the Gaming Enterprise. 

2. the individual is compensated in any manner in excess of 

$80,000 per annum; 

4. the individual has authority to hire or terminate Gaming 

Employees; 

5. the individual has 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 has the authority to 

supervise or direct such persons; 

6. the individual regularly participates in cash counts 

more frequently than one day each week or participates 

in the count more than ten (10) days in any thirty (30) 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 46 

day period; 

7. the individual may approve or extend to casino patrons 

complimentary services other than complimentary 

beverages; 

8. the individual supervises or directs 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; 

10. the person individually or as part of a group formulates 

management policy; 

00.518 LOANS TO GAMING ENTERPRISES 

Whenever a Gaming Enterprise intends to apply for or receive, 

accept, or make use of any cash, property, credit, guarantee, other 

form of security loaned to or provided for a Gaming Enterprise or on 

behalf of a Gaming Enterprise, it shall notify the Commission at least 

thirty (30) days prior to such transaction. 

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

provided by the commission and shall include: 

1. the names and addresses of all parties to the 

transaction; 

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

to be received or applied for; 

3. the nature and amount of security to be provided by or 

on behalf of the ~aming ~nterprise, and 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. 

C. If, after such investigation as the Commission deems 

appropriate, and before the transaction is completed, 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 that the 

transaction not be completed or that it be modified upon such 

terms and conditions as it may deem appropriate. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 47 

00.519 OPERATIONAL REQUIREMENTS 

A. It is the policy of the Community to require that Gaming 

Activity licensed under this Title be conducted in a manner 

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

order and general welfare of the Community. 

B. Responsibility for the employment and maintenance of suitable 

methods of operation rests with the Gaming Enterprise and 

willful or persistent use or toleration of methods of 

operation deemed unsuitable will constitute grounds for 

License revocation or other adverse 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 

by the Gaming ~nterprise at all times either on a gaming 

table, the Gaming Device or in a conspicuous place 

immediately adjacent thereto. 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. 

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 EMPLOYEES 

No Licensee or person actively involved in the management of or 

the conduct of licensed games, shall play or be permitted to play, 

either directly or indirectly through another person, any Class I1 or 

Class I11 game conducted on the Reservation. 

00.522 TRANSFER OF INTEREST BY LICENSEES 

A. A Licensee who proposes to transfer or assign any portion of 

his or her interest in an Entity required to be licensed by 

the Commission, to another, shall give written notice of such 

proposed transfer or assignment to the om mission, including 

the names and addresses of the parties, the extent of the 

interest proposed to be transferred or assigned and the 

consideration therefor. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 48 

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

proposed transfer of interest within fifteen (15) days, 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. 

D. A Gaming Enterprise may not transfer or assign any interest 

in the Gaming Enterprise, any Gaming Activity, its License, 

or any future revenue without prior approval of the Community 

Council. 

E. Licenses held by natural persons may not be assigned. 

00.523 GAMING DEVICES 

A. No Gaming Device shall be made available for play by the 

public unless the Gaming Device has been leased, purchased or 

otherwise obtained from Manufacturers and Distributors 

licensed by the Commission. 

8. The Commission shall require each licensed Manufacturer and 

Distributor to verify under oath, on forms provided by the 

Commission, that the ~aming Devices manufactured or 

distributed by them for use or play at Gaming Enterprises on 

the Reservation meet the requirements of this Title and the 

Compact. 

C. The Commission may require at reasonable times the testing of 

any Gaming Device to ensure compliance with the requirements 

of this Title. Any such testing shall be conducted by 

persons selected by the commission and shall be at the 

expense of the licensed Manufacturer or the Gaming 

Enterprise. 

00.524 REGULATION OF CHIPS AND TOKENS 

A. Chips and Tokens used at Gaming Enterprises located on 

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. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 49 

Chips and Tokens must not deceptively resemble any 

current or past coinage of the united States or any 

other nation. 

B. In addition to such other specifications as the Gaming 

Enterprise may approve: 

1. the name of the Gaming Enterprise must be inscribed on 

each side of each Chip and Token; 

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; 

3. the manufacturerts 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 

4. 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. 

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: 

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; 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 50 

2. 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; 

3. Five dollar denomination Tokens must be 1.75 inches in 

diameter, from .I15 through .I35 inch thick, and, if the 

Token has reeds or serration on its edges, the number of 

reeds or serration must not exceed 175; 

4. 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; 

5. Tokens of other denominations must have such 

measurements and edge reeds or serration as the 

Commission may approve; 

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 Gaming Device; and 

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 copperbased material, unless the total of zinc, nickel, 

aluminum, magnesium, and other alloying materials is at 

least 20 percent of the Token's weight. 

00.525 USE OF CHIPS AND TOKENS 

A. The Gaming Enterprises shall: 

1. Comply with all applicable statutes, and regulations 

pertaining to Chips or Tokens; 

2. Sell Chips and Tokens only to patrons of the Gaming 

Enterprise and only at their request; 

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 outside the facility for any 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 51 

monetary purpose whatsoever; 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 Enterprise knows or 

reasonably should know is 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. 

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 tablets 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 

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. 

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. 

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 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 52 

at its establishment by including them in their coin 

inventories or, in the case of fareign 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: 

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; 

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 ~aming Enterprises. 

D. The records required by section 00.527 C. must be retained 

for a period of two (2) years. 

00.528 OTHER GAMING EQUIPMENT 

All Class I1 or Class I11 ~aming Equipment must be designed, 

manufactured, approved, used, discontinued, destroyed, or otherwise 

disposed of in accordance with the provisions of this Chapter and any 

applicable Regulations of the om mission. 

00.529 PREMISES OPEN TO COMMISSION 

Premises where any activity related to Class I1 or Class I11 

Gaming Activity or any activity of a Gaming Enterprise is operated or 

conducted, shall at all times be open to inspection by the Commission 

and its staff and its employees. All documents, records, data, and 

communication of any type of any ~aming Enterprise or any Licensee or 

in the custody of any Licensee shall be made available to the 

Commission, upon the reasonable written demand of its Executive 

Director. 

00.530 PROTECTION OF THE ENVIRONMENT AND PUBLIC HEALTH AND SAFETY 

Class I1 and Class I11 Gaming ~acilities shall be constructed, 

maintained, and operated in a manner that adequately protects the 

environment and the public health and safety in accordance with 25 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 53 

C.F.R. S 522.4(j) (B) (7). 

CHAPTER 6 - CONDUCT OF CLASS I1 GAMES 

00.601 MERCHANDISE PRIZES 

When any merchandise is awarded as a prize in a Class I1 game, the 

value of such merchandise shall be its actual retail price. 

00.602 PRIZE PURCHASE PRICES 

. Equipment, prizes, and supplies for Class I1 games of chance shall 

not be purchased or sold at prices in excess of the usual price 

thereof. 

00.603 NO LIMIT ON PRIZES 

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. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 54 

G. The particular arrangement of numbers or designations 

required to be covered in order to win the game and the 

amount of the prize shzll 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 

00.701 [deleted] 

00.702 ACCOUNTING RECORDS 

A. Every Gaming Enterprise located on the Reservation shall keep 

accurate, complete, legible, and permanent records of all 

transactions pertaining to revenues. 

B. Every Gaming Enterprise located on the Reservation shall keep 

general accounting records on a double entry system of 

accounting, maintaining detailed, supporting and 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. Such other uniform periodic reports, including 

statistical reports as may be reasonably required by the 

Commission; 

4. 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 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; 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 55 

5. Gaming ~evice analysis reports which, by each machine, 

compare actual hold percentages to theoretical hold 

percentages; and 

6. The records required by the Internal Control System. 

C. A Gaming Enterprise shall create and maintain such records as 

required to accurately reflect gross gaming revenue and 

expenses relating solely to ~aming Activity, separate from 

any other revenue and expenses of the Gaming Enterprise. 

00.703 [deleted] 

00.704 INTERNAL CONTROLS 

Every Gaming Enterprise on the Reservation shall be operated 

pursuant to an Internal Control System adopted by the Gaming Enterprise 

and approved by the Commission that meets the requirements of the 

Compact. Every Gaming Enterprise located on the Reservation shall 

provide a copy of the Internal Control System and any amendments 

thereto to the Commission, before they become effective. The 

Commission shall approve, temporarily approve, conditionally approve, 

or disapprove the internal controls or amendments thereto within thirty 

(30) days of receipt or the controls or amendments are deemed approved. 

00.705 GROSS 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. 

For each Gaming Device, 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 must be adjusted once 

a year accordingly as an addition to or subtraction from 

the drop for the quarter. 

3. For each counter game, gross gaming revenues shall 

equal : 

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 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 56 

during the month to pa-xons on winning Wagers; or 

b. The money accepted by the Gaming Enterprise on 

events 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. 

00.706 FINANCIAL SERVICES FOR CUSTOMERS 

A Gaming Enterprise may provide check cashing services, banking 

machine services, or credit card services to customers through contract 

agreements with third party vendors subject to approval of any such 

contracts by the Commission. either a Gaming Enterprise, or a Key 

Employee or Primary Management official may extend credit to a 

customer. 

CHAPTER 8 - CLASS I GAMING 

00.801 CLASS I GAMING 

Until such time as the Community Council shall otherwise 

determine, the authority to control or regulate Class I Gaming 

activities shall remain with the Community Council. 

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 on 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 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 57 

equal to all other participants. 

B. The nonprofit organization shall have been in existence 

continuously on the ~eservation for at least a two (2) year 

period immediately prior to the conduct of a small bingo 

game. 

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. 

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. 

F. A nonprofit organization 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. 

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 Wagers 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 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 58 

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; 

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; 

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; 

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 on 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 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 59 

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, Entity, 

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 intended to be used in that 

gambling game; or 

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 on 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. 

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 removing money or other contents 

therefrom. 

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. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 60 

F. Possession of paraphernalia for Elanufacturing 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 possessor 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 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. 

00.906 PENALTIES 

A. Any person who violates any provision of this Chapter shall 

be punished, for each such violation, to the maximum extent 

allowable for violations of the laws of the Community and may 

be denied any privilege under this Title, including a 

License. 

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 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 61 

she personally played any gambling game or used any 

prohibited device. 

00.907 PROVIDING FALSE INFORMATION; OBSTRUCTION OF JUSTICE 

A. It shall be unlawful for any person or Entity to knowingly 

submit any false or misleading, information or to refuse to 

submit information required by this Title or regulations of 

the Commission, to a Gaming Enterprise, the Commission, an 

employee of the Commission, the Community, the National 

Indian Gaming Commission, or to the State Gaming Agency. 

B. It shall be unlawful for any person to corruptly influence, 

obstruct, or impede or endeavor to influence, obstruct, or 

impede the due and proper administration of the law under 

which any pending investigation or proceeding is being had 

before the Commission or any agency of the Community. 

00.908 DETENTION AND QUESTIONING OF PERSONS SUSPECTED OF VIOLATING 

CHAPTER; LIMITATIONS ON LIABILITY; POSTING OF NOTICE 

A. Authorities who question any person suspected of violating 

any of the provisions of this Title, the Compact, or state or 

federal law or regulation 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 or other law in connection with a Gaming 

Enterprise on the Reservation by any person, may take that 

person into custody and detain the person in a reasonable 

manner and for a reasonable length of time. 

C. Such taking into custody and detention shall not render the 

Gaming Enterprise, the Commission, or the Community or their 

officers, agents or employees criminally or civilly liable. 

D. There shall be displayed in a conspicuous place in the Gaming 

Enterprise a notice in boldface type which is clearly legible 

and in substantially this form: 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 62 

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 

22, Chapter Nine prohibiting cheating in gaming 11 and other offenses may detain that person. I 

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, 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 related to an 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, after the 

evidence is no longer needed and the investigation is 

completed, 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. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 63 

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 

seized money with the Community and may use all other 

property for any lawful purpose including the sale of the 

property. The Commission may dispose of any property which 

cannot be used for any lawful purpose in any reasonable 

manner. 

E. Evidence which constitutes a device for Cheating, contraband, 

or evidence not lawful to possess may not be returned to a 

claimant and must be retained by the Commission. The 

Commission shall periodically destroy such devices in any 

reasonable manner. 

CHAPTER 10 - JURISDICTION; STANDARD OF REVIEW 

00.1001 JURISDICTION IN THE COMMUNITY COURT 

A. The Community Court shall have original and exclusive 

jurisdiction to consider and resolve appeals from final 

decisions of the Commission to suspend or revoke a License 

but not from the denial of an Application. 

1. The Community Court shall affirm a decision of the 

Commission unless such decision: 

a. was contrary to applicable Constitutional rights of 

the appellant; 

b. was arbitrary, capricious, or an abuse of 

discretion; or 

c. was otherwise in contravention of law. 

2. A decision of the Community Court is subject to a 

further appeal to the Gila River Indian Community Court 

of Appeals. 

B. The community Court shall affirm the decision of the 

Commission unless any factor contained in 00.1001 A., 

immediately above, is demonstrated, in which case the 

Community Court may reverse, modify, or vacate the decision 

of the Commission, and may remand the decision to the 

Commission. 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 64 

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 REVIEW LIMITED TO THE RECORD OF THE 

COMMISSION PROCEEDINGS 

A. The community Court shall have jurisdiction over any matter 

brought to enforce the provisions of this Title, to enforce 

any final decision or order of the Commission, 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. This Title shall be construed to authorize 

the exercise of jurisdiction over non-Indians to the extent 

allowed 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 amount is greater. 

B. Any person convicted in the Community Court for violation of 

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 for each such offense. 

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 a person, Entity, or a Gaming 

Enterprise to show cause why he or she should not be found in 

contempt in the event: 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 65 

1. A person subpoenaed to appear before the commission, or 

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. 

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. 

00.1005 PATRON DISPUTES 

A. REFUSAL TO PAY WINNINGS 

Whenever the Tribal Gaming ~nterprise authorized to operate a 

Class I1 or Class I11 ~aming Facility by the Commission 

refuses payment of alleged winnings to a Patron, and the 

Tribal Gaming Enterprise and the Patron are unable to resolve 

the dispute to the satisfaction of the Patron and the dispute 

involves : 

1. At least five hundred dollars ($500), the Tribal Gaming 

Enterprise shall immediately notify the Commission in 

writing specifically stating the circumstances of the 

disputed winnings, the issues in dispute, and the 

grounds on which the Tribal Gaming Enterprise bases its 

decision not to pay. The Commission shall conduct 

whatever investigation it deems necessary and shall 

determine whether payment should be made; or 

2. Less than five hundred dollars ($500), the Tribal Gaming 

Enterprise shall inform the Patron of his or her right 

to request that the commission Office conduct an 

investigation. Upon request of the Patron, the 

Commission shall direct the Gaming Enterprise to prepare 

and submit to the commission within ten (10) business 
GILA RIVER INDIAN COMMUNITY 

ORDINANCE GR-09-96 

PAGE 66 

days a statement explaining with specificity the 

circumstances of the disputed winnings, and the issues 

in dispute. 

B. NOTICE TO PATRONS 

The Commission shall mail written notice by certified mail, 

return receipt requested, to the Tribal Gaming Enterprise and 

the Patron of the decision resolving the dispute within 

thirty (30) days following the date the Commission first 

receives notification from the Tribal Gaming Enterprise or a 

request to conduct an investigation from the Patron. 

EFFECTIVE DATE OF DECISION 

The decision of the Commission is effective on the date it is 

received by the aggrieved party as reflected on the return 

receipt as posted. 

D. REVIEW OF DECISION 

Within thirty (30) days following the date of receipt of the 

Commissionls written decision, the aggrieved party may file a 

petition with the Commission requesting a review of the 

decision. The Commission may set a hearing on the matter or 

may make a decision based solely upon the Patron and the 

Tribal Gaming Enterprise. The Commission shall then issue a 

written decision and mail it to the parties. The decision of 

the Commission shall be final and binding upon the Patron and 

the Tribal Gaming Enterprise and shall not be subject to 

judicial review, dispute, resolution or other legal action.