license.

8.3.2 The hearing shall be governed in all respects in accordance with tribal law
and Tribal Gaming Commission regulations.

8.4 Procedure for Emergency Suspension of a Class II Tribal Gaming License.

8.4.1 Grounds. Whenever the Tribal Gaming Commission has reasonable cause to
believe that there has been or is noncompliance with any requirement of a
tribal gaming license, including a specific criterion for issuance of a license,
standard for denial, or ground for suspension or revocation relating to each
type of tribal gaming license, and that such noncompliance constitutes a
direct and immediate threat to the peace, safety, morals, or health or welfare
of the community, the Tribal Gaming Commission may issue a notice of
emergency suspension of tribal gaming license.

8.4.2. Notice. The notice shall contain the information specified in section 8.2 as
well as a statement that the respondent is entitled to a hearing within seven
days of receipt of the notice.

8.4.3. Hearing. The Tribal Gaming Commission shall schedule a hearing within
seven days of the respondent’s receipt of the notice. The hearing shall be
conducted pursuant to section 8.3.

8.5 Mandatory Immediate Suspension of Class II Tribal Gaming Employees. Upon
the Tribal Gaming Commission’s receipt of notification from the National Indian
Gaming Commission or another law enforcement entity that reliable information
exists that a Class II tribal gaming employee is not eligible for employment, the
Tribal Gaming Commission shall immediately suspend a Class II tribal gaming
employee license for not more than thirty days. Upon suspension, the Commission
shall issue a notice of mandatory immediate suspension and proposed revocation and
include the information specified in section 8.2.

8.6 Duty of Tribal Gaming Participants to Cease Gaming Activity. Whenever the
Tribal Gaming Commission denies, suspends, or revokes a tribal gaming license
under this section, the licensee shall immediately cease its participation in all Class IT
gaming activities conducted within the jurisdiction of the Tribe.

8.7 Final Decision. Decisions of the Tribal Gaming Commission pursuant to this section
are final and non-reviewable unless otherwise permitted by tribal law.

Gaming Code of the Quechan Tribe Title 1

L:nacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 61


4.21.1 Tribal Gaming Commission regulations necessary to carry out the orderly
performance of its duties and powers shall include, but shall not be limited
to:

4.21.1.1 Internal operational procedures of the Tribal Gaming
Commission and its staff;

4.21.1.2 Interpretation and application of this Code as may be necessary
to carry out the Tribal Gaming Commission’s duties and exercise
its powers;

4.21.1.3 A regulatory system for all gaming activities, including
accounting, contracting, management, and supervision of gaming
operators and gaming facility operators;

4.21.1.4 The findings of any reports or other information required by or
necessary to implement this Code; and

4.21.1.5 The conduct of inspections, investigations, hearings, enforcement
actions, and other powers of the Tribal Gaming Commission
authorized by this Code.

4.21.2 No regulation of the Tribal Gaming Commission shall be of any force or
effect unless adopted by the Tribal Gaming Commission by written
resolution and filed for record in the offices of both the Tribal Secretary
and Tribal Gaming Commission.

4.21.3 The Tribal Court and any other court of competent jurisdiction shall take
judicial notice of all Tribal Gaming Commission regulations adopted
pursuant to this Code.

4.22 Right of Entrance; Bi-Monthly Inspection. The Tribal Gaming Commission
and duly authorized officers and employees of the Tribal Gaming Commission
may enter upon any premises of any gaming facility, during regular business
hours, for the purpose of making inspections and examining the accounts, books,
papers, and documents of any gaming activity. The gaming operation or gaming
facility operator shall facilitate such inspection or examinations by giving every
reasonable aid to the Tribal Gaming Commission and to any properly authorized
officer or employee.

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 20007 Page 27
Quechan Resolution Nos. R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-07


QUECHAN INDIAN TRIBE

Ft. Yuma Indian Reservation
P.O. Box 1899
Yuma, Arizona 85366-1899

Phone (760) 572-0213
Fax (760) 572-2102 9

RESOLUTION

R-273-07

A RESOLUTION OF THE QUECHAN TRIBAL COUNCIL ADOPTING THE FOLLOWING GAMING
CODE AMENDMENTS: TITLE | AND TITLE IV, GAMING REGULATION 002 (TECHNICAL
STANDARDS), GAMING REGULATION 003 (GAMING OPERATIONS STANDARDS) GAMING
REGULATION 004 (v2.0) (THIRD PARTY INJURIES REGULATION), GAMING REGULATION 006
(EXCLUSIONS), GAMING REGULATION 008 (ARIZONA PATRON DISPUTES), GAMING
REGULATION 010 (ENVIRONMENTAL POLICY ORDINANCE), GAMING REGULATION 011
(CALIFORNIA PROCEDURES FOR RESOLVING GAMING-RELATED PATRON DISPUTES) AND
RESCIND/REPEAL GAMING REGULATION 004 (TORT LIABILITY).

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

THE QUECHAN INDIAN TRIBE OF THE FORT YUMA INDIAN RESERVATION
IS A FEDERALLY RECOGNIZED INDIAN TRIBE ORGANIZED UNDER A
CONSTITUTION AND BY-LAWS RATIFIED BY THE TRIBE ON

NOVEMBER 28, 1936, AND APPROVED BY THE SECRETARY OF INTERIOR
ON DECEMBER 18, 1936, WITH REVISED AMENDMENTS APPROVED ON
NOVEMBER 18, 1974, AND MAY 21, 1997; AND

THE TRIBE HAS ENTERED INTO A GAMING COMPACT WITH THE STATE
OF CALIFORNIA; AND SAID COMPACT WAS AMENDED EFFECTIVE
JANUARY 16, 2007; AND

THE AMENDED CALIFORNIA COMPACT REQUIRES THE TRIBE TO ADOPT
THE FOLLOWING REGULATIONS; GAMING REGULATION NO. 002 (TECHNICAL
STANDARDS), GAMING REGULATION NO. 003 (GAMING OPERATIONS
STANDARDS), GAMING REGULATION NO. 004 (v2.0) (THIRD PARTY

INJURIES REGULATION), GAMING REGULATION NO. 006 (EXCLUSIONS),
GAMING REGULATION NO. 008 (ARIZONA PATRON DISPUTES), GAMING
REGULATION NO. 010 (ENVIRONMENTAL POLICY ORDINANCE), GAMING
REGULATION NO. 011 (CALIFORNIA PROCEDURES FOR RESOLVING
GAMING RELATED PATRON DISPUTES); AND

THE AMENDED CALIFORNIA COMPACT REQUIRES THAT THE TRIBE
RESCIND AND/OR REPEAL GAMING REGULATION NO. 004 (PATRON
DISPUTES); AND

THE AMENDED CALIFORNIA COMPACT REQUIRES THE TRIBE TO AMEND
TITLE | AND TITLE IV OF THE TRIBE’S GAMING CODE TO PROVIDE FOR
REGULATORY RULES THAT ARE CONSISTENT WITH THE NEW AMENDED
COMPACT; AND


4.6.1.2 Any aspect of the gaming facility operator, the gaming activity, or
any person connected with the gaming facility operator poses
a threat to the public interest or to the effective regulation of
gaming, or creates or enhances the dangers of unsuitable,
unfair, or illegal practices and methods and activities in the
conduct of gaming.

4.6.1.3 Any aspect of the gaming facility operator will violate any provision
of this Code or of the Arizona Compact.

4.7 Fee for Class III Gaming Facility Operator License. An applicant for a Class II]
gaming facility operator license shall pay to the Tribal Gaming Commission a fee, set
by the Tribal Gaming Commission, sufficient to compensate the Tribal Gaming
Commission for the cost of review of the license application.

48 Scope of Class I1f Gaming Facility Operator License. A Class III gaming facility
operator license shall be effective only for the gaming facility operator specified in
the application. Such license may be transferred only upon prior approval of the
Tribal Gaming Commission and then only upon a written request that details any
proposed ne w gaming activity, and the gaming facility operator’s management
contractor, primary management officials, and key employees.

4.9 Form of Class III Gaming Facility Operator License. Every Class IJ] gaming
facility operator license shall include the name and address of the gaming facility
operator and the signature of an authorized officer of the Tribal Gaming Commission,
a license identification number, and the date of expiration.

4.10 Term of Class III Gaming Facility Operator License. A Class III gaming facility
operator license shall be valid for a period of one year from the date of issuance.

4.11 Posting of Class III Gaming Facility Operator License. Each gaming facility
operation shall post its license in a conspicuous location at the gaming facility. Ifthe
gaming facility operator has more than one gaming facility, the gaming facility
operator must obtain and post a separate license for each gaming facility.

4.12 Renewal of Class III Gaming Facility Operator License. Each Class III gaming
facility operator license must be renewed annually. The Tribal Gaming Commission
may, at its discretion, establish a renewal application fee. To obtain renewal of a
license, the gaming facility operator shall submit a written renewal application to the
Tribal Gaming Commission on the form provided by the Tribal Gaming
Commission. No renewal application shall be approved until the annual report

Gaming Code of the Quechan Tribe Title i

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 70


6.5

6.6

6.7

6.8

6.9

6.10

6.11

6.14.18 For any other reason that the Tribal Gaming Commission may. by regulation,
add.

Fee for Class If] Tribal Gaming Employee License. An applicant for a Class III
tribal gaming employee license shall pay to the Tribal Gaming Commission a fee, set
by the Tribal Gaming Commission, sufficient to compensate the Tribal Gaming
Commission for the cost of review of the license application.

Scope of Class III Tribal Gaming Employee License. A Class III tribal gaming
employee license shall be effective only for the person to whom it is issued and only
with respect to the gaming facility specified in the application and license. Any such
license may be transferred to a new gaming facility only upon prior approval by the
Tribal Gaming Commission. All requests for such a transfer of the license shall be
submitted to the Tribal Gaming Commission in writing and identify the proposed
new gaming facility, its location, and the proposed gaming facility operator thereof.

Form of Class III Tribal Gaming Employee License. All Class III tribal gaming
employee licenses shall include a photograph, the first and last name of the licensee,
and an identification number unique to that individual license, and shall also include
a tribal seal or signature, and a date of expiration.

No Implied Right. Neither the issuance of a Class III tribal gaming employee’s
license by the Tribal Gaming Commission nor the issuance of certification by the
State gaming agency creates or implies a right of employment or continued
employment. The issuance of a certification from the State gaming agency in no way
creates an implied right to a Class III tribal gaming employee’s license.

Licensing Period. A Class If] tribal gaming employee license shall be effective for a
period of one year from the date of issuance and shall state on its face the date that
the license became effective and the date that it expires.

Renewal of Class III Tribal Gaming Employee License. A Class III tribal gaming
employee licensee shall apply to the Tribal Gaming Commission and, where
applicable, to the State gaming agency for a renewal before his original license has
expired. These applications shall be on such form and in such manner as the Tribal
Gaming Commission and the State gaming agency require. The Tribal Gaming
Commission shall, at a minimum, require all applicants to update all of the
information contained in their original application before issuing a renewal.

Requirement to Produce Class III Tribal Gaming Employee License Upon
Request. A Class III tribal gaming employee licensee must wear his license in plain
view during all working hours and must produce that license upon the request of any

Gaming Code of the Quechan Tribe Title HI

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 81


state or of any Indian tribe with regard to the business or affairs of the Tribal Gaming
Commission or the Tribe, or to be a consent of the Tribe to any cause of action, case,
or controversy, or to the levy of any judgment, lien, or attachment upon any property
of the Tribe, or to be a consent to suit in respect to any Indian land, or to be a consent
to the alienation, attachment, or encumbrance of any such land.

4.7 Sovereign Immunity of the Tribal Gaming Commission. The Tribal Gaming
Commission is hereby clothed with all the privileges and immunities of the Tribe,
except as specifically limited by this Code or other tribal law, including sovereign
immunity from suit in any tribal, federal, or state court. Except as provided in this
section, nothing in this Code nor any action of the Tribe or the Tribal Gaming
Commission shall be deemed or construed to be a waiver of sovereign immunity
from suit of the Tribal Gaming Commission or Tribe, or to be a consent of the Tribe
or the Tribal Gaming Commission to the jurisdiction of the United States or of any
state or any Indian tribe with regard to the business or affairs of the Tribe or the
Tribal Gaming Commission to any cause of action, case, or controversy, or to the
levy of any judgment, lien or attachment upon any property of the Tribe or of the
Tribal Gaming Commission, or to be a consent of the Tribe or the Tribal Gaming
Commission to suit in respect to any Indian land, or to be a consent of the Tribe of
the Tribal Gaming Commission to the alienation, attachment, or encumbrance of any
such land.

4.8 Waiver of Sovereign Immunity of the Tribal Gaming Commission. Sovereign
immunity of the Tribal Gaming Commission may be waived only by express
resolutions of both the Tribal Gaming Commission and the Tribal Council after
consultation with the Tribe’s attorneys. All waivers of sovereign immunity must be
preserved by resolution of the Tribal Gaming Commission and the Tribal Council of
continuing force and effect. Waivers of sovereign immunity are disfavored and may
be granted only when necessary to secure a substantial advantage or benefit to the
Tribal Gaming Commission. Waivers of sovereign immunity shal] not be general but
shall be specific and limited as to duration, grantee, transaction, property, or funds, if
any, of the Tribal Gaming Commission subject thereto, court having jurisdiction
pursuant thereto, and law applicable thereto. Neither the power to sue and be sued
provided in Section 4.18.23 nor any express waiver of sovereign immunity by
resolution of the Tribal Gaming Commission shal] be deemed a consent to the levy of
any property specifically pledged or assigned, or a consent to suit in respect of any
land within the exterior boundaries of the Reservation or a consent to the alienation,
attachment, or encumbrance of any such land.

4.9 Credit of the Tribe or Tribal Gaming Commission. Nothing in this Code nor any

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994; Amended September 18, 2002, Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 2007 Page 17
Quechan Resolution Nos. R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-07


5.11

Section 6.

6.1

6.2

6.3

Class II] gaming facility license in a conspicuous location. If a gaming facility
operator has more than one gaming facility, it must obtain and post a separate license
for each gaming facility.

Renewal of Class III Gaming Facility License. Each Class III gaming facility
license must be renewed annually. No renewal fee shall be required. To obtain a
renewal of a license, a gaming facility operator shall submit a written renewal
application to the Tribal Gaming Commission on the form provided by the Tribal
Gaming Commission.

Class HI Tribal Gaming Employee License, Including Primary Management
Officials and Key Employees.

Current and Valid Class Il] Tribal Gaming Employee License Required.
Every gaming employee, including primary management officials, key employees,
participating in any Class III gaming activity shall apply for a Class III tribal gaming
employee license and shall possess a current and valid Class III tribal gaming
employee’s license no later than 90 days from date of employment. In addition, all
gaming employees who are not members of the Tribe shall possess a certification of
eligibility from the State gaming agency.

Application Procedure for Class II] Tribal Gaming Employee License.

6.2.1 An applicant for a Class III tribal gaming employee license must be at least
18 years of age. All applicants shall submit an application to the Tribal
Gaming Commission on such form and in such manner as the Tribal Gaming
Commission may require. All nonmember applicants shall also submit to the
Tribal Gaming Commission an application for State certification on such
form and in such manner as the State of Arizona may require. All
applications shall be accompanied by the applicant’s fingerprint card(s),
current photograph and any applicable fee required by the State gaming
agency or the Tribal Gaming Commission. No application will be processed
by the Tribal Gaming Commission or forwarded to the State gaming agency
unless that application form is complete and the applicant has signed all of
the information release forms and privacy waivers required by the Tribal
Gaming Commission and where applicable, the State of Arizona.

Procedure for Review of Class III Gaming Employee License Application.
6.3.1 Licensing of Tribal Members.

6.3.1.1 Permanent License. Before issuing a permanent Class III tribal

Gaming Code of the Quechan Tribe Title U1

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 76


basis of sex, race, color, sexual orientation or creed in the conduct of any
gaming activity.

5.10 Zero Tolerance Policy. The Gaming Commission shall not license an applicant
if on the application, a felony is disclosed or later found to be a felony conviction
of theft, embezzlement, fraud or other gaming crime or any offense related to the
felony sale, possession, manufacture, or transport of illegal drugs. Applicants will
be denied a gaming license if it is found that the individual is currently using
illegal drugs through a drug screen. Each gaming operator and gaming facility
operator shall immediately suspend with or without pay any employee who is
charged with a felony, including crimes of theft, embezzlement, fraud or other
gaming crime, or any offense related to the sale, possession, manufacture, or
transport of illegal drugs. Gaming facility operators, executive directors, and
office managers shall also immediately notify the Tribal Gaming Commission in
writing the name of the person and the pending charge and advise the Tribal
Gaming Commission of the outcome of the case. If the employee is convicted or
pleads no contest to the charge, the employee’s employment shall be terminated.

5.11 Liability Insurance. Each gaming operator and gaming facility operator shall
carry sufficient liability insurance to protect the public in the event of an accident.
The Tribal Gaming Commission shall determine the amount of liability insurance
required for each gaming facility, but in no case shall such insurance and amount
be less than required by any applicable tribal-state gaming compact in effect.

Section 6. Enforcement.

6.1 Jurisdiction. Except as provided in this Code or in any tribal-state gaming
compact under the IGRA, the Tribe shall have jurisdiction over all violations of
this Code.

6.2 Prohibited Act. In addition to other civil and criminal offenses provided for in
this Code or under other applicable law, the following acts are prohibited and
subject any violator to the civil or criminal penalties specified herein:

6.2.1 To knowingly make a false statement in an application for employment
with any gaming operation or gaming facility operator or with the Tribal
Gaming Commission.

6.2.2 To knowingly make a false statement in connection with any contract to
participate in any gaming activity.

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994: Amended September 18, 2002; Amended March 27, 2003: Amended June 26, 2006
Amended November 28, 2007

Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No. R-273-07

Page 34


All requests for such a transfer of the license shall be submitted to the Tribal Gaming
Commission in writing and identify the proposed new gaming facility.

6.8 Identification Badges.

6.8.1 Form of Identification Badge. The Tribal Gaming Commission shall issue
an identification badge to each Class III tribal gaming employee which shall
include a photograph, the first and last name of the employee, and an
identification num ber unique to t hat indiv idual | icense, and the date of
expiration of his or her license. Each Class III tribal gaming employee shall
wear his or her identification badge in plain view at all times while in the
gaming facility.

6.8.2 Requirement to Produce. A Class III tribal gaming employee must wear his
identification in plain view during all working hours and must produce that
license upon the request of any law enforcement official with jurisdiction
over the gaming activity or any agent of the Tribe, the T ribal Ga ming
Commission, the National Indian Gaming Commission, or the State Gaming
Agency.

6.9 No Implied Right. Neither the issuance of a license by the Tribal Gaming
Commission nor the issuance of a suitability determination by the State Gaming
Agency creates or implies a right of employment or continued employment. The
issuance of a suitability determination from the State Gaming Agency in no way
creates an implied right to a Class III tribal gaming license.

6.10 Licensing Period. A license shall be effective for a period no longer than 2 years
after the date of issuance and shall state on its face the date the license became
effective and the date that it expires.

6.11 Renewal of Class II Gaming License. Application for renewal of a license must
be made prior to its expiration. Applicants for renewal of a license shall provide
updated material as requested on the appropriate renewal forms but, at the discretion
of the Tribal Gaming Commission, may not be required to resubmit historical data
previously submitted or that is otherwise available to the Tribal Gaming
Commission. The Tribal Gaming Commission shall also require applicants for
renewal to apply to the State Gaming Agency for renewal of a determination of
suitability. At the discretion of the Tribal Gaming Commission, an additional
background investigation may be required at any time if the Tribal Gaming
Commission determines the need for further information concerning the applicant’s
continuing suitability or eligibility for a license. Prior to renewing a license, the
Tribal Gaming Commission shall deliver to the State Gaming Agency copies of all

Gaming Code of the Quechan Tribe Title IV

Enacted September 18, 2002; Amended November 18, 2007 Page 105
Quechan Resolution No. R-209-02; Quechan Resolution No. R-273-07


8.2.5 The Tribal Gaming Commission shall arrange to have each proposed
management contractor investigated to learn of his personal attributes and
to determine whether he has a prior criminal record or any pending
criminal charges.

8.2.6 The Tribal Gaming Commission shall obtain an independent verification
of the completed financial statements of the proposed management
contractor.

8.2.7 The Tribal Gaming Commission shall undertake any additional steps it can
to determine the character and reputation of the proposed management
contractor and each person listed in Section 8.21.

8.2.8 If the Tribal Council after reviewing the above-described information, still
desires to enter into a management contract with the proposed
management contractor, such management contract shall be made in
writing and submitted to the Tribe’s attorneys for review.

8.3 Compliance with 25 C.F.R. Part 531. Before any management contract is
approved by the Tribal Council, it must include at a minimum all of the required
provisions contained in 25 C.F.R. Part 531, as amended, incorporated herein by
this reference.

8.4. Submission to National Indian Gaming Commission. If the Tribal Council is
satisfied with the information it receives it shall submit the proposed contract
along with all of the above described and any additional information requested to
the Chairman of the NIGC for approval.

Section 9. Severability. In the event that any section or provision of this Code is held
invalid by a court of competent jurisdiction, the remaining sections or provisions
of this Code shall continue in full force and effect.

Section 10. Effective Date. This Code and any amendments to this Code shall become
effective upon the date of its approval by the Chairman of the NIGC pursuant to
the IGRA. Any subsequent amendments to this Code shall become effective upon
the date of their approval by the Tribal Council.

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003: Amended June 26, 2006

Amended November 28, 2007 Page 41
Quechan Resolution Nos. R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No. R-273-07


4.5.2

4.5.3

4.5.4

4.5.5

4.5.6

45.7

45.8

45.9

that was held in trust for the Tribe prior to October 17, 1988 or on trust lands
in Arizona that were located within or contiguous to the boundaries of the
Reservation on October 17, 1988 or on lands in Arizona taken into trust after
October 17, 1988 as a settlement of a claim.

The proposed gaming activity is to be played as defined by this Code, the
IGRA, and as authorized by the Arizona Compact.

The proposed gaming activity is authorized by a Tribal Council resolution.

Tribe to have sole proprietary interest. The Tribe will have the sole
proprietary interest and the exclusive responsibility for the conduct of the
proposed gaming activity, and if the Tribe has entered into a management
contract, the Arizona Compact, tribal and federal law and is properly
approved by the National Indian Gaming Commission and the State gaming
agency.

The gaming activity will be conducted in a facility that ensures the safety of
the public and all gaming employees.

The gaming facility operator has adequate safeguards to protect the assets
especially as they are transported to and from the gaming facility and are kept
within cashier’s cage.

Both the patrons and the gaming facility operator are protected from illegal
activity.

The gaming facility operator will be audited annually by an independent
certified public accountant licensed by the State of Arizona. This audit will
be prepared in accordance with the auditing standards published by the
American Institution of Certified Public Accountants and will be submitted to
the Tribal Gaming Commission within 120 days of the close of the fiscal year
of the enterprise. Copies of those audits will be provided to the National
Indian Gaming Regulatory Commission.

The gaming facility operator will comply with all Internal Revenue Service
reporting and filing requirements.

4.5.10 All of the net revenues of the proposed gaming activity will be used for the

purposes stated in 25 U.S.C. § 2710 (b)(2)(B).

4.5.11 All contracts for supplies, services, or concessions for an amount in excess of

Gaming Code of the Quechan Tribe Title 1

Enacted September 15, 1994

Quechan Resolution Nos. R-42-94 Page 66


any game of chance.

6.2.27 For a gaming operator or gaming facility operator to knowingly employ
any person who has been convicted of or entered a plea of no contest to a
crime of theft, embezzlement, fraud, or other gaming crime.

6.2.28 To possess firearms in a gaming facility in violation of Title 1V, Section
11.6.

6.2.29 Exclusions and self-exclusions apply to the Quechan Gaming Facilities
(California and Arizona Casinos ) regardless of which property originated
the Exclusion or Self-Exclusion.

6.3 Criminal Violation. Any Indian who violates or fails to comply with any
provision of this Code or who fails to comply with any order or decision of the
Tribal Gaming Commission shall be guilty of a crime and shall be required to pay
a maximum fine of $5,000 or serve not to exceed one-year imprisonment, or both.
Each day during which such violation or failure to comply continues shall
constitute a separate violation of this Code.

6.4 — Civil Violation. Any person who violates or fails to comply with any provision
of this Code or who fails or neglects to comply with any order of the Tribal
Gaming Commission shall be liable for a civil fine not to exceed $5,000 for each
violation thereof. Each day during which such violation or failure to comply
continues shall constitute a separate violation of this Code. The amount of any
such civil fine may be recovered in a civil action in the Tribal Court.

6.5 Cumulative Fines. All civil fines accruing under this Code shall be cumulative,
and a suit for the recovery of one fine shall not bar or affect the recovery of any
other fine, judgment, penalty, forfeiture, or damages, nor bar the power of the
Tribal Court to punish for contempt, nor bar any criminal prosecution.

6.6 Purpose of Civil Penalties. The civil fines imposed under this Code are intended
to be remedial and not punitive and are designed to compensate the Tribe for the
damage done to the peace, security, economy, and general welfare of the Tribe
and the Reservation, and to compensate the Tribe for costs incurred by the Tribe
in enforcing this Code. The civil fines under this Code are also intended to coerce
persons into complying with this Code and Tribal Gaming Commission
regulations and not to punish such persons for violation of such laws and

Gaming Code of the Quechan Tribe Title 1

Enacted September 15, 1994; Amended September 18, 2002, Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 2007 Page 37
Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-07


4.5.24

4.5.25

4.5.26

with respect to any discrepancies; and

4.5.23.6 Functions, duties and responsibilities are appropriately
segregated and performed in accordance with sound practices
by competent, qualified personnel.

The internal control system shall include:

4.5.24.1 An organization chart depicting appropriate segregation of
functions and responsibilities:

4.5.24.2 A description of the duties and responsibilities of each
position shown on the organizational chart;

4.5.24.3 A detailed, narrative description of the administrative and
accounting procedures designed to satisfy the requirements of
section 4.5.23 of this section; and

4.5.24.4 A description of procedures governing the maintenance and
preservation of security and surveillance information.

The gaming facility operator has documented that it has maintained and will
maintain public liability insurance which provides no less than $1 million for
personal injury and property damage. This insurance policy must include an
endorsement providing that the insurer may not invoke tribal sovereign
immunity up to the limits of the policy.

The gaming facility operator shall be audited not less than annually, by an
independent certified public accountant licensed by the State of Arizona. The
financial statement and audit shall be prepared in accordance with the
auditing standards published by the American Institute of Certified Public
Accountants and shall be submitted to the Tribal Gaming Commission and
the State gaming agency within 120 days of the close of the gaming facility
operator’s fiscal year. All auditors shalJ preferably have experience in Class
III gaming activities conducted pursuant to the Act.

4.6 Grounds for Denial of Class III Gaming Facility Operator License.

4.6.1 A Class III gaming facility operator license shall be denied if the Tribal
Gaming Commission finds that:
4.6.1.1 Any of the criteria contained in section 4.5 have not been met; or
Gaming Code of the Quechan Tribe Title HY

Enacted September 15, 1994

Quechan Resolution Nos, R-42-94 Page 69


information and documents received in connection with the app}ication for renewal.

6.12 Monthly Reports to State Gaming Agency. The Tribal Gaming Commission shall
provide the State Gaming Agency with the name, badge identification number, and
job descriptions of all “non-key gaming employees” described in Section 6.1 of this
Title on a monthly basis.

Section 7. Class II] Financial Source License.

7A Current and Valid Class III Financial Source License Required. Any person
extending financing to the Tribe’s gaming facility or gaming operation shall be
licensed by the Tribal Gaming Commission prior to extending that financing. In
addition, all such persons must obtain a determination of suitability for licensure
under the California Gambling Control Act from the State Gaming Agency.

72 Exemptions. The Tribal Gaming Commission may, at its discretion, exempt from
the licensing the following:

7.2.1 A federally or state regulated bank, savings and loan, or other federally or
state regulated lending institution;

7.2.2. Anentity identified by Regulation CGCC-2, subdivision (f) (as in effect on
July 1, 2004) of the California Gambling Control Commission, when that
entity is a Financial Source solely by reason of being (i) a purchased or a
holder of debt securities issued directly or indirectly by the Tribe for a
Gaming Facility or for the Gaming Operation, or (ii) the owner of a
participation interest in any amount of indebtedness for which a Financial
Source described in subdivision (d) (1)(A) is the creditor;

7.2.3. An agency of the federal, state, or local government providing financing,
together with any person purchasing any debt securities of the agency to
provide such financing.

7.2.4 Aninvestor who alone or together with any person controlling, controlled by
or under common control with such investor holds less than 10% of all
outstanding debt securities issued directly or indirectly by the Tribe for a
Gaming Facility or for the Gaming Operation.

7.2.5 The following are not Financial Sources for purposes of this Section:

(A) An entity identified by Regulation CGCC-2, subdivision (H) (as in effect
on July 1, 2004) of the California Gambling Control Commission.
Gaming Code of the Quechan Tribe Title WV
Fnacted September 18, 2002; Amended November 18, 2007 Page 106

Quechan Resolution No. R-209-02: Quechan Resolution No. R-273-07


4.12.9 Written proof that the gaming operation has paid to the National Indian
Gaming Commission such fees as federal and tribal law may require it to pay
and will continue to do so;

4.12.10 A sworn statement signed by the gaming operation that the gaming operation
has complied with the Internal Revenue Code and regulations, including
written notice of customer winnings, and a statement that the gaming
operation shall continue to obey all tribal and federal laws and shall hold the
Tribal Gaming Commission and the Tribe harmless for failure to do so;

4.12.11 The description of all gaming facilities at which the gaming operation
conducts gaming activities and any new gaming facility which the gaming
operation expects to establish during the next license period;

4.12.12 The number of full-time equivalent persons, on an annualized basis,
employed by the gaming operation during the past 12 months, together with a
projection of the number of full-time equivalent persons who are expected to
be employed during the next license period;

4.12.13 The total gross proceeds of the gaming operation attributable directly or
indirectly to gaming activities over the preceding 12 months;

4.12.14 A sworn statement signed by the gaming operation that the gaming operation
will continue to comply with all tribal and federal laws applicable to the
gaming operation;

4.12.15 A sworn statement that the gaming operation will continue to consent to
Tribal Court jurisdiction and service of process in all matters arising from the
conduct of gaming activities;

4.12.16 The names, addresses, and signatures of the persons who will serve as agents
to accept service of process on behalf of the gaming operation. These
persons must reside on the Reservation; and

4.12.17 If the general manager is a corporation, a copy of any amendment to its
articles of incorporation, properly certified by the incorporating government,
unless a current copy has already been filed with the Tribal Gaming
Commission.

Gaming Code of the Quechan Tribe Title Il

Enacted September 15, 1994
Quechan Resolution Nos, R-42-94 Page 47


8.7

Section 9,

91

9.2

issued by the Tribal Gaming Commission shall include the name and address of the
vendor, the name and address of the gaming facility operator served by the vendor,
the type of goods or services provided to the gaming facility operator, the signature of
an authorized officer of the Tribal Gaming Commission, and the date of expiration of
the license.

Term of Class III Gaming Vendor License; Renewal. Any Class III vendor
license issued by the Tribal Gaming Commission shall be effective for not more than
one year and shall expire on the 30" day of September of each year; provided, that
the licensee who has applied for renewal prior to expiration may continue to provide
services under the expired license until final action is taken on the renewal
application by the Tribal Gaming Commission. Previously licensed applicants or
applicants for renewal shall provide currently updated application material, but will
not be required to resubmit historical data already available to the Tribal Gaming
Commission and the State gaming agency. No additional background investigation
of an applicant for license renewal shall be required unless new information
concerning the renewal applicant’s continuing suitability or eligibility for a license
has been presented to the Tribal Gaming Commission.

Procedures for Denial, Suspension or Revocation of Class II Tribal Gaming
License.

Grounds. Based upon reasonable cause and after notice and hearing, the Tribal
Gaming Commission may deny, suspend, or revoke any Class III tribal gaming
license for:

9.1.1 Failure to comply with any provision of federal law, the Arizona Compact, or
this Code, including obtaining a tribal gaming license; or

9.1.2 Failure to comply with any condition for issuance of a tribal gaming license,
including specific criteria for issuance of a license, standards for denial, or
grounds for suspension or revocation relating to each type of tribal gaming
license.

Notice. Notices of denial, suspension or revocation of a Class III tribal gaming
license shall contain:
9.2.1 The name of the person to whom notice is given:

9.2.2 Citation to the requirement of this Code that has been or will be violated;

9.2.3 A description of the circumstances surrounding the violation, including the
nature of the gaming activity being conducted;

Gaming Code of the Quechan Tribe Title 1

Enacted September 15, 1994,
Quechan Resolution Nos. R-42-94 Page 89


2314.11 If not otherwise included, a person with access to gaming
finance or accounting offices; a person authorized to make
on-site repairs, adjustments or alterations to any piece of
gaming equipment; a person whose total cash compensation
derived from a gaming activity subject to this Code is in
excess of $50,000 per year; the four most highly compensated
persons employed by a gaming operation; or any person
whom the Tribal Gaming Commission may by written notice
classify as a key employee.

2.31.2 Class Il Gaming. For purposes of Title I] and Class II gaming only, any
person who performs one or more of the following functions:

2.31.2.1 Counting room supervisor

2.31.2.2 Chief of security;

2.31.2.3 Custodian of gaming supplies or cash;
2.31.2.4 Floor management.

2.32 “License” means a revocable approval granted by the Tribal Gaming Commission to
an applicant to participate in a gaming activity.

2.33 “Licensee” means any person who has been granted a license by the Tribal Gaming
Office.

2.34 “Management contract” means a contract within the meaning of 25 U.S.C. ''
2710(d)(9) and 2711.

2.35 “Management contractor” means a person that has entered into a management
contract with the Tribe, a gaming operations, or a gaming facility operator which has
been approved pursuant to 25 U.S.C. '' 2710(d)(9) and 2711.

2.36 “Manufacturer” means a person that manufacturers gaming devices and/or
component parts thereof as defined by the Arizona Compact for use or play in a
gaming facility.

2.37 “National I ndian G aming Co mmission” or "NIGC” means the commission

Gaming Code of the Quechan Tribe Title |

Enacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 2007 Page 10
Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03, R-97-06

Quechan Resolution No. R-273-07


1.3

1.4

gaming disputes.

Tribal Policy of Self-Government. The Tribe is firmly committed to the principle
of tribal self-government. Consistent with federal policy, tribal government provides
a wide range of public services on the Reservation, including general governmental
services, maintenance of peace and good order, establishment of educational systems
and p rograms, and p romotion and regulation o f economic activities within the
sovereign jurisdiction of the Tribe.

Tribal Gaming Policy. The establishment, promotion, and operation of gaming is
necessary and desirable, provided that such gaming is regulated and controlled by the
Tribe pursuant to tribal and federal Jaw and any tribal-state gaming compact entered
into pursuant to the IGRA, and that all proceeds of such gaming are used for the
benefit of the Tribe as required by the IGRA and tribal law. When operated in
accordance with the provisions of this Code, such gaming will be conducive to the
general welfare of all residents of the Reservation.

Section 2. Definitions

In this

Code, except where otherwise expressly provided or where the context otherwise

requires, the following terms and expressions shall have the following meanings:

2.1

2.2

2.3

2.4

“Applicant” means any person who has applied for a tribal gaming license or State
certification under the provisions of this Code, employment with a gaming operation
or gaming facility operator, or approval of any act or transaction for which approval
is required or permitted under the provisions of this Code.

“Application” means a request for the issuance of a tribal gaming license or for State
certification, for employment by a gaming operation or gaming facility operator, or
for approval of any act or transaction for which approval is required or permitted
under the provisions of this Code.

“Arizona Compact” means the Quechan Indian Tribe-State of Arizona Gaming
Compact as amended from time to time, including its appendices as amended from
time to time.

“Association” means the association of California tribal and state gaming regulators,
the membership of which comprises up to two representatives from each tribal
gaming agency of those tribes with whom the State has a gaming compact under
IGRA, and up to two delegates each from the state Division of Gambling Control and

Gaming Code of

Enacted September 15,
Amended November
Quechan Resolution N
Quechan Resolution N

the Quechan Tribe Title 1

, 1994; Amended September 18. 2002; Amended March 27, 2003; Amended June 26, 2006
200
R-42-94; R-209-02 and R-39-03: R-97-06
0. R-273-07

Page 3



4.4.1

4.4.2

4.4.3

444

4.4.5

446

4.4.7

4.4.8

4.4.9

4.4.10

$$$ $$ LA

The proposed gaming activity is to be conducted on land that was held in
trust for the Tribe prior to October 17, 1988, or on trust lands that were
located within or contiguous to the boundaries of the Reservation on October
17, 1988, or on lands taken into trust after October 17, 1988 pursuant to the
process detailed in 25 U.S.C. § 2719.

The proposed gaming activity is to be played as Class I! gaming as defined by
this Code and the IGRA.

The proposed gaming activity is authorized by this Code.

Tribe to have sole proprietary interest. The tribe will have the sole
proprietary interest and the exclusive responsibility for the conduct of the
gaming operation, and if the Tribe has entered into a management contract,
the terms and conditions of the management contract are consistent with this
Code, tribal and federal law and is properly approved by the National Indian
Gaming Commission.

The gaming operation shall be audited annually and copies of those audits
will be provided to the Tribal Gaming Commission and the National Indian
Gaming Commission.

The gaming operation shall comply with the Internal Revenue Service
reporting and filing requirements.

All of the net revenues of the gaming operation shall be used for the purposes
described in 25 U.S.C. § 2710 (b)(2)(B).

All contracts for supplies, services, or concessions for an amount in excess of
$25,000 annually (except contracts for legal and consulting services) shall be
subject to an annual independent audit.

The construction and maintenance of the gaming facility and the operation of
the proposed gaming activity shall be conducted in a manner which the Tribal
Gaming Commission finds will adequately protect the environment and the
public health and safety.

All primary management officials, including general manager, all key
employees, and their principals have passed the background investigations
and obtained the Class II tribal gaming employee or management contractor
licenses required by this Code, and if any Class III gaming is to be operated in
that facility, by any applicable tribal-state compact. Each application must

Gaming Code of the Quechan Tribe Title If

Enacted September 15, 1994

Quechan Resolution Nos, R-42-94 Page 44


5.5

5.6

5.7

5.8

5.9

5.10

license and no Class III gaming facility may conduct gaming activities until
the State gaming agency and the Tribe have completed a joint preoperation
inspection of the gaming facility and the Tribal Gaming Commission has
received from the State a letter stating that the gaming activity to be
conducted in the gaming facility is in compliance with the terms and
conditions of the Arizona Compact.

Grounds for Denial of Class III Gaming Facility License.

5.5.1 A Class III gaming facility license shall be denied if the Tribal Gaming
Commission finds that:

5.5.1.1 Any of the criteria contained in section 5.4 above have not been met;
or

5.5.1.2 Any aspect of the gaming facility, the gaming activity proposed to be
conducted within the gaming facility, or any person connected with
the gaming facility poses a threat to the public interest or to the
effective regulation of gaming, or creates or enhances the dangers of
unsuitable, unfair, or illegal practices and methods and activities in
the conduct of gaming.

Fee for Class II] Gaming Facility License Application. An applicant for a Class
III gaming facility license shall pay to the Tribal Gaming Commission a fee, set by
the Tribal Gaming Commission, sufficient to compensate the Tribal Gaming
Commission for the cost of review of the license application.

Form of Class III Gaming Facility License. Every gaming facility license issued
by the Tribal Gaming Commission shall include the name and address of the licensed
facility, the name and address of the gaming facility operator, the type and number of
authorized C lass III games to be conducted in the facility, the signature of an
authorized officer of the Tribal Gaming Commission, a license identification number,
and the date of expiration.

Scope of Class II] Gaming Facility License. A Class II] gaming facility license
issued by the Tribal Gaming Commission shall be effective for only the gaming
activity, including the type and number of games to be played within the facility, and
location specified in the application and the license.

Term of Class II] Gaming Facility License. A Class III gaming facility license
shall be valid for a period of one year from the date of issuance.
Posting of Class II] Gaming Facility License. Each gaming facility shall post its

Gaming Code of the Quechan Tribe Title U1

Enacted September 15, 1994
Quechan Resolution Nos, R-42-94 Page 75


laws of any state if such pursuit creates probable cause to believe that
the participation of such person in gaming or related activities would
be detrimental to the proper operation of an authorized gaming or
related activity in the State. For the purposes of this paragraph,
“occupational manner or context” shall be defined as the systematic
planning, administration, management or execution of an activity for
financial gain;

6.12.19 The employee is a career offender or a member of a career offender

organization or an associate of a career offender or career offender
organization in such a manner which creates probable cause to
believe that the association is of such a nature as to be detrimental to
the proper operations of the authorized gaming or related activities in
the State. For the purposes of this paragraph, “career offender” shall
be defined as any person whose behavior is pursued in an
occupational manner or context for the purposes of economic gain
utilizing such methods as are deemed criminal violations of tribal
law, federal law or the laws and the public policy of the State. A
“career offender organization” shall be defined as any group of
persons who operate together as career offenders;

6.12.20 The employee is a person whose present or prior activities, criminal

record, if any reputation, habits and associations pose a threat to the
public interest of the Tribe or the State or to the effective regulation
and control of Class III gaming, or creates or enhances the dangers of
unsuitable, unfair or illegal practices, methods and activities in the
conduct of Class II] gaming, or the carrying on of the business and
financial arrangements incidental thereto;

6.12.21 The employee fails to provide any information requested by the

Tribal Gaming Commission or State gaming agency within 14 days of
the request for the information;

6.12.22 The employee has violated, failed or refused to comply with the

provisions, requirements, conditions, limitations or duties imposed by
any provision of this Code, the Arizona Compact, or any State
gaming agency rule, or when any such violation has occurred upon
any premises occupied or operate by any such person or over which
he or she has substantial control;

6.12.23 The employee has engaged in any activity or has been the subject of

any action that would have been grounds for a denial of his original

Gaming Code of the Quechan Tribe

Enacted September 15, 1994
Quechan Resolution Nos, R-42-94

Title UL

Page 84


7.
a %
oO 2
¥. e)
3
January 22, 2008 NG co nn?

Via U.S, Mail and Facsimile

Anthony Montague

Chairman

Quechan Tribal Gaming Commission
450 Quechan Drive

P.O. Box 757

Winterhaven, CA 92283

Fax: (760) 572-0782

RE: Amendment to Gaming Code of the Quechan Indian Tribe
Dear Chairman Montague:

On December 10, 2007, the National Indian Gaming Commission (NIGC) received your
request for review and approval of the Quechan Indian Tribe’s (Tribe) amendment to
Gaming Code of the Quechan Indian Tribe (Gaming Ordinance). The Tribe amended the
Gaming Ordinance on November 28, 2007, via Resolution No. R-273-07. In this
amendment, the Tribe changed the Gaming Ordinance’s Titles I and Title IV to comply
with its new compacts with California and Arizona.

This letter constitutes approval of the amendment because nothing therein conflicts with
the requirements of the Indian Gaming Regulatory Act (IGRA) and the Commission’s
regulations.

If youhave any questions or concerns regarding this letter or the ordinance review process, please
‘ca Chapman at (202) 632-7003.

NATIONAL HEADQUARTERS 1447 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GOV

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


license for any of the grounds specified in Section 6.5.1 of this Title or Section 6.12
of Title III of this Code.

9.2. Notice. Notices of denial, suspension or revocation of a Class Ill tribal gaming
license shall contain:

9.2.1 The name of the person to whom notice is given;
9.2.2 Citation to the requirement of this Code that has been or will be violated;

9.2.3 A description of the circumstances surrounding the violation, including the
nature of the gaming activity being conducted;

9.2.4 A reasonable time for correction, if the respondent cannot take measures to
correct the violation immediately; and

9.2.5 Notice of the right to a hearing before the Tribal Gaming Commission,
including the opportunity to present testimony, to cross-examine opposing
witnesses, and to present any other evidence as to why the Commission
should not deny, suspend or revoke the tribal gaming license or enjoin the
gaming activity;

9.3 Hearing. Upon the request of the person named in the notice, the Tribal Gaming
Commission shall set a hearing within 30 days from the date from service of the
notice upon the respondent.

9.3.1 At the hearing, the respondent shall have the opportunity to present witnesses,
cross-examine opposing witnesses, and to present any other evidence as to
why the Commission should not deny, suspend, or revoke the tribal gaming
license, or enjoin the gaming activity.

9.3.2 The hearing shall be governed in all respects in accordance with tribal law
and Tribal Gaming Commission regulations.

9.4. Procedure for Emergency Suspension of a Class II] Tribal Gaming License.

9.4.1 Grounds. Whenever the Tribal Gaming Commission has reasonable cause to
believe that the continued licensing of the person could constitute a threat to
public health or safety or may violate the licensing standards contained in the
IGRA, this Code, Tribal Gaming Commission regulations, or the California
Compact, the Tribal Gaming Commission may issue a notice of emergency
suspension of tribal gaming license.

Gaming Code of the Quechan Tribe Title IV

Enacted September 18, 2002; Amended November 18, 2007 Page 110
Quechan Resolution No, R-209-02; Quechan Resolution No. R-273-07


determination through the development of tribal businesses and enterprises.
Because the Fort Yuma Indian Reservation lacks income-generating natural
resources and because the Tribe’s tax base is almost nonexistent, the Tribe
must rely on tribal business development to raise the funds necessary to
expand its social, health, and education programs, increase employment and
improve its on-Reservation economy. This effort has recently become
increasingly important as a result of cutbacks in federal and state funding and
the increased costs of self-government. It is therefore essential that the Tribe
develop new and expanded sources of revenue to support its increasing
governmental needs and to provide much needed employment and training
for tribal members.

As a result, the adoption of this Code is in the best interest of the Quechan
Indian Tribe.

1.2 Purposes. The purposes of this Code are to:

1

]

1

1

1

]

2.1

2.2

2.3

24

2.5

2.6

2.7

Regulate, control, and license the operation of all Class I] and Class III
gaming within the jurisdiction of the Tribe.

Ensure that the operation of tribally regulated gaming will continue as a
means of generating tribal revenue.

Ensure that tribally regulated gaming is conducted fairly and honestly by both
gaming operators and players and that it remain free from corrupt,
incompetent, unconscionable and dishonest persons and practices.

Promote and strengthen tribal economic development and self-determination
and enhance employment opportunities for its members.

Regulate gaming so as to generate revenue to strengthen and improve tribal
self-government and the provision of tribal governmental services.

Ensure that all gaming revenue is used for the benefit of the Tribe and the
Reservation community.

Ensure that tribal gaming laws are strictly and fairly enforced against all
persons involved in gaming activities within the jurisdiction of the Tribe.

1.2.8 Ensure that the Tribe provides a fair and impartial forum for the resolution of

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994; Amended September 18, 2002, Amended March 27, 2003, Amended June 26, 2006

Amended November 2:
Quechan Resolution Nos

2007

Page 2

42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-07


9.6

9.7

Section 10
Commission Regarding Class II] Gaming in California. In addition to the other rights,
duties and responsibilities delegated to it under this Code and applicable tribal law, the Tribal
Gaming Commission shall be responsible for the following activities that relate specifically
to Class III gaming in the State of California.

10.1

9.4.2. Notice. The notice shall contain the information specified in Section 9.2 as
well as a statement that the respondent is entitled to a hearing within 10
business days of receipt of the notice.

9.4.3. Hearing. The Tribal Commission shall schedule a hearing within 10
business days of the respondent’s receipt of the notice. The hearing shall be
conducted in accordance with Section 9.3 of this Title.

Mandatory Immediate Suspension of Class III Tribal Gaming Employees. Upon
the Tribal Gaming Commission’s receipt of notification from the NIGC, the State
Gaming Agency, or another law enforcement entity that reliable information exists
that a Class III tribal gaming employee is not eligible for employment, the Tribal
Gaming Commission shall immediately suspend a Class III tribal gaming employee
license for not more than 30 days. Upon suspension, the Commission shall issue a
notice of mandatory immediate suspension and proposed revocation, and include the
information specified in Section 9.2 of this Title. Hearings shall be conducted in
accordance with Section 9.3 of this Title.

Duty of Tribal Gaming Participants to Cease Gaming Activity. Whenever the
Tribal Gaming Commission denies, suspends, or revokes a tribal gaming license
under this section the licensee shall immediately cease its participation in all Class III
gaming activities conducted within the jurisdiction of the Tribe.

Final Decision. Decisions of the Tribal Gaming Commission pursuant to this section
are final and nonreviewable unless otherwise permitted by tribal law.

Additional Rights, Duties and Responsibilities of the Tribal Gaming

Regulation. The Tribal Gaming Commission shall adopt such regulations,
procedures, specifications, and standards as may be reasonably required to implement
and comply with the provisions of this Code, the IGRA, the California Compact, and
other applicable gaming laws. Regulations promulgated by the Tribal Gaming
Commission shall be subject to the approval of the Tribal Council and may contain
more stringent requirements or criteria than the minimum standards contained in this
Code.

Gaming Code of the Quechan Tribe Title IV

Enact

September 18, 2002; Amended November 18, 2007 Page 111

Quechan Resolution No, R-209-02; Quechan Resolution No. R-273-07


5.6

5.8

Equipment Restrictions.

5.6.1

5.6.2

A gaming operation or gaming facility operator is prohibited from renting
or lending gaming equipment to any person without the prior written
approval of the Tribal Gaming Commission.

Each gaming operation and gaming facility operator that anticipates the
printing, manufacture, or construction of any equipment for gaming
activity shall first notify the Tribal Gaming Commission of its intention
and shall have the finished product approved by the Tribal Gaming
Commission before it is placed in service.

Methods of Payment.

5.7.1

5.7.2

5.7.3

5.7.4

Automatic teller machines (ATMs) may be installed at the gaming
facilities but may not be located adjacent to, or in close proximity to, any
gaming device and may not accept electronic transfer cards issued
pursuant to a state or federal program that is intended to provide for needy
families or individuals.

Consideration for the chance to play in any gaming activity shall be only
cash or, if allowed by the gaming operation or gaming facility operator,
personal check and shall be presented at the time the game is played. No
other form of consideration shall be allowed unless the Tribal Gaming
Commission gives prior written approval.

The gaming operation shall not cash any check drawn against a federal,
state, county, or city fund, including, but not limited to, Social Security,
unemployment insurance, disability payments, or public assistance
payments, but excluding payroll checks or checks for the delivery of goods
or services.

The gaming operation shall not credit to gaming patrons for gambling
purposes. Acceptance of a personal check that is deposited within one
business day does not constitute an extension of credit.

Compliance Requirements.

5.8.1

Evidence of any win or loss incurred by a player must, upon request, be

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994; Amended September 18, 2002: Amended March 27, 2003; Amended June 26, 2006
Amended November 28, 2007
Quechan Resolution Nos. R-42-94; R-209-02 and R-39-(03; R-97-06
Quechan Resolution No, R-273-17

Page 32


9.5

9.6

9.7

9.8

Section 10.

Mandatory Immediate Suspension of a Class III Tribal Gaming Employees.
Upon the Tribal Gaming Commission’s receipt of notification from the National
Indian Gaming Commission, the State gaming agency, or another law enforcement
entity that reliable information exists that a Class III tribal gaming employee is not
eligible for employment, the Tribal Gaming Commission shall immediately suspend
a Class III tribal gaming employee license for not more than thirty days. Upon
suspension, the Commission shall issue a notice of mandatory immediate suspension
and proposed revocation, and include the information specified in section 9.2.

Duty of Tribal Gaming Participants to Cease Gaming Activity. Whenever the
Tribal Gaming Commission denies, suspends, or revokes a tribal gaming license
under this section, the licensee shall immediately cease its participation in all Class
III gaming activities conducted within the jurisdiction of the Tribe.

Copies to State Gaming Agency. The Tribal Gaming Commission shall provide
copies of all notices and the results of all hearings relating to Class III tribal gaming

employees to the State gaming agency.

Final Decision. Decisions of the Tribal Gaming pursuant to this section are final and
non-reviewable unless otherwise permitted by tribal law.

Additional Rights, Duties and Responsibilities of the Tribal Gaming

Gaming Code of the Quechan Tribe Title HL

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 91


contractor license shall be effective only for the management contractor specified in
the application and only so long as a management contract, approved by the National
Indian Gaming Commission, is in effect. Such license may not be transferred or
assigned.

717 Form of Class Ii] Management Contractor License. Every Class II] management
contractor license shall include the name and address of the management contractor,
the signature of an authorized officer of the Tribal Gaming Commission, and the date
of expiration.

7.8 Term of Class III Management Contractor License. The term of a Class III
management contractor license shall be coextensive with the term of the approved
management contract entered into between the licensee and the Tribe.

7.9 Posting of Class III Management Contractor License. Each Class II] management
contractor shall post its license in a conspicuous location at the gaming facility in
which the Class II] gaming is conducted.

7.10 Annual Update of Licensee’s Background Information. A licensed Class III
management contractor shall provide the Tribal Gaming Commission with annual
updates of the background information provided by the management contractor with
its license application. The Tribal Gaming Commission shall provide copies of the
updated information to the National Indian Gaming Commission and to the State
gaming agency.

7.11 Notification o f Cha nge o f P rincipals; G rounds f or D enial, S uspension or
Revocation of Class II] Gaming Management Contractor License. Every Class
III gaming management contractor licensed by the Tribal Gaming Commission shall
immediately file a notification of each change of its principals with the Tribal
Gaming Commission. The Tribal Gaming Commission shall forward a copy of the
notification to the National Indian Gaming Commission and the State gaming agency.

Each new principal shall complete an application and provide all of the information
required for background investigations for persons or entities with a financial interest
in, or having management responsibility for, a management contract under 25 CFR
Part 537, as amended within twenty days after becoming a principal of a licensed
management contractor. A new principal shall not commence any work relating to
the management contract until the background investigation is completed and the
Tribal Gaming Commission, the National Indian Gaming Commission and the State
gaming agency approve or certify such principal. A Class III management contractor
license shall remain valid and in effect until the Tribal Gaming Commission, the
National Indian Gaming Commission or the State gaming agency disapprove or deny
achange of principal. Disapproval or denial of a change of principal shall be grounds

Gaming Code of the Quechan Tribe Title HL

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 86


2.56

2.57

2.58

2.59

2.60

Section 3.

3.1

3.2

3.3

the player entitling the player to continue in the game; and

2.55.3 In the case of blackjack, means the sum of money in cash, or cash equivalent,
placed onto the card game table by the player entitling the player to an initial
deal of cards and to all subsequent cards requested by the player.

“Card Game Table” means a single table at which the Tribe conducts the card game
of poker or blackjack.

“Class I] Gaming Device” means a gaming device which, if operated on Indian
lands by an Indian tribe, would be Class II gaming.

“Class III Gaming Device” means a gaming device which, if operated on Indian
lands by an Indian tribe, would be Class II] gaming.

“Effective Date”, for the purposes of Title II], means the day the Arizona Compact
goes into effect in accordance with Section 2(vv) of the Arizona Compact.

“Table”, for the purposes of Title III, means the gaming device allocation table set
out at Section 3(c)(5) of the Arizona Compact.

General Provisions

Authority and Sovereign Powers and Responsibilities. This Code is enacted
pursuant to the inherent sovereign powers of the Tribe and the powers expressly
delegated to the Tribal Council by article IV of the Tribal Constitution.

Title, Repeal of Prior Laws, and Effect of Repeal. This Code may be cited as the
Quechan Gaming Code. All ordinances of the Tribe and all titles, chapters, and
sections of the Tribal Code that pertain to gaming and in effect as of the effective
date of this Code are hereby repealed, and all other tribal laws or parts thereof
inconsistent with the provisions of this Code are hereby repealed. Repeal of this
Code or any portion thereof shall not have the effect of reviving any prior tribal law
previously repealed or suspended.

Classes of Gaming: Three classes of gaming may be conducted on Indian lands
pursuant to this Code:

3.3.1 “Class 1 gaming” means social games played solely for prizes of minimal
value or traditional forms of Indian gaming engaged in by individuals as a

Gaming Code of the Quechan Tribe Title 1

Enacted September 15, 1994; Amended September 18, 2002: Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 2007 Page 14
Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06

(Quechan Resolution No, R-273-07


6.6

6.7

6.8

6.9

6.10

6.11

6.5.6 Provided further, that the Tribal Gaming Commission may, by regulation, add
limitations and conditions for denial of said licenses.

Scope of Class If Tribal Gaming Employee License. A Class II tribal gaming
employee license shall be effective only for the person to whom it is issued and only
with respect to the gaming facility specified in the application. Any such license may
be transferred to a new gaming facility only upon prior approval of the Tribal Gaming
Commission of the written request of the licensee identifying the proposed new
gaming facility, its location, and the gaming operation operating the gaming facility.

Form of Class If Tribal Gaming Employee License. Alj class II tribal gaming
employee licenses shall include a photograph, the first and last name of the licensee,
and an identification number unique to that individual license. They shall also
include a tribal seal or signature, and date of expiration.

Term of Class Hf Tribal Gaming Employee License. A class II tribal gaming
employee license issued pursuant to this Code shall be effective for a period of one
year from the date of issuance and shall state on its face the date that the license
became effective and the date that it expires.

Renewal of Class II Tribal Gaming Employee License. A Class II tribal gaming
employee licensee shall apply to the Tribal Gaming Commission for a renewal before
his original license has expired, updating all information contained in the original
application.

Requirement to Produce License Upon Request. Any person receiving a Class IT
tribal gaming employee license must carry that license upon his person during all
working hours and must produce that license upon the request of any law
enforcement official with jurisdiction over the gaming activity or any agent of the
Tribe, the Tribal Gaming Commission, or the National Indian Gaming Commission.

No Implied Right. The issuance of a Class II tribal gaming employee license creates
or implies no right of employment or continued employment.

Gaming Code of the Quechan Tribe Title 1

Enacted September 15, 1994
Quechan Resolution Nos, R-42-94 Page 56


Commission may issue a license to a Class III gaming facility only if all of the
following criteria are met:

5.4.1 The gaming facility is to be located on land that was held in trust for the
Tribe prior to October 17, 1988; or on trust lands that were located within or
contiguous to the boundaries of the Reservation on October 17, 1988; or on
lands taken into trust after October 17, 1988, pursuant to the process detailed
in 25 U.S.C. § 2719.

5.4.2 The gaming activity proposed to be conducted within the gaming facility is
authorized by this Code and the California Compact.

5.4.3. The number of authorized games is authorized by this Code and the
California Compact.

5.4.4 The construction and maintenance of the gaming facility, and the operation of
the proposed gaming activity, shall be conducted in a manner which the
Tribal Gaming Commission finds will adequately protect the environment
and the public health and safety.

5.4.5 The gaming facility meets the building and safety standards contained in the
California Gaming Compact and the applicable Tribal Gaming Commission

regulations:

5.4.5.1 The California Building Code (2001 or revised edition);
5.4.5.2 The Uniform Mechanical Code (1988 or revised edition);
5.4.5.3 The Uniform Plumbing Code (1988 or revised edition);
5.4.5.4 The Uniform Fire Code (2001 or revised edition):

5.4.5.5 The National Electrical Code (1996 or revised edition).
5.4.5.6 The Public Safety Code (2003 or revised edition);
5.4.5.7 The Uniform Building code (1997 or revised edition).

5.4.6 The gaming facility meets the requirements of the federal Americans with
Disabilities Act, P-L. 101-336, as amended, 42 U.S.C. § 12101 et seq.

5.4.7 Inspections by qualified building and safety experts have been carried out as

Gaming Code of the Quechan Tribe Title IV

Enacted September 18, 2002; Amended November 18, 2007 Page 98
Quechan Resolution No, R-209-02; Quechan Resolution No. R-273407


gaming employee license to a tribal member, the Tribal Gaming
Commission shall obtain a set of the applicant’s fingerprint’s and
forward the completed application to the State gaming agency which
will perform a background investigation on the applicant. The Tribal
Gaming Commission may at its own discretion, however, arrange for
additional background checks on any applicant for any reason. Once
the Tribal Gaming Commission receives the background checks on
any applicant for any reason. Once the Tribal Gaming Commission
receives the background check reports from the State gaming agency
as well as the reports from any additional investigators it may have
chosen to use, the Tribal Gaming Commission shall then review the
findings and conclusions of those investigations and either grant or
deny the license. If the Commission chooses to license a person
which the State gaming agency has recommended against, the Tribal
Gaming Commission shall notify the State gaming agency in writing
of its decision and the reasons for it. It shall also afford the State
gaming agency an opportunity to be heard on the matter. The
applicant shall be notified in writing of the Tribal Gaming
Commission’s decision. Ifthe Tribal Gaming Commission denies the
license, the license, a copy of the denial letter shall be sent to the
State gaming agency as well as to the applicant. This letter shall
include the specific reasons for the Tribal Gaming Commission’s
decision.

6.3.1.2 Temporary License. After a background check request form has

been pending with the State gaming agency for no less than 20 days,
the Tribal Gaming Commission may issue the applicant a temporary
license. Said temporary license will become void five working days
from the time that the Tribal Gaming Commission receives the
State’s background check report.

6.3.2 Licensing of Nontribal Members.

6.3.2.1 Permanent License. Before issuing a Class III tribal gaming license

to anontribal member, the Tribal Gaming Commission shall forward
a copy of the application along with all required attachments and the
required fee to the State gaming agency. The State gaming agency
shall conduct a background investigation on the applicant and notify
the Tribal Gaming Commission in writing whether it will certify that
applicant. The Tribal Gaming Commission may at its own discretion,
however, arrange for additional background checks on any applicant
for any reason. If the State agrees to certify the applicant, the Tribal

Gaming Code of the Quechan Tribe

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94

Title I

Page 77


regulations.

6.7 Civil Action for Penalties. In enforcing the civil infraction provisions of this
Code, the Tribal Gaming Commission shall proceed, in the name of the Tribe, by
civil complaint pursuant to the provisions of this Code. The Tribal Gaming
Commission in such action shall have the burden of showing by a preponderance
of the evidence that such person violated the applicable provision of this Code.

6.8 Seizure and Forfeiture of Property. All property utilized in violation of this
Code shall be subject to seizure and forfeiture by order of the Tribal Gaming
Commission pursuant to such procedures and rules as the Tribal Gaming
Commission shall promulgate.

6.9 Reporting of Offenders. Upon final order of the Tribal Court in any action for
criminal or civil violation under this section, the Clerk of the Tribal Court shall
notify the Tribal Gaming Commission in writing of the final Tribal Court
disposition.

6.10 |The Tribe will implement a written law enforcement services plan that complies
with the minimum standards of Section 13(e) of the Arizona Compact.

Section 7. Use of Revenues, Maintenance of Records and Management Contracts.

TA Use of Net Revenues of Gaming Operations and Gaming Facility Operators.

7.1.1 All net revenues from gaming activities of gaming operations and gaming
facility operators shall be held in the name of the Tribe. Such net revenues
may be expended only by the Tribal Council by resolution and only for the
following purposes:
7.1.1.1 To fund tribal government operations or programs;
7.1.1.2 To provide for the general welfare of the Tribe and its members;
7.1.1.3 To promote tribal economic development;

7.1.1.4 To donate to charitable organization;

7.1.1.5 To help fund operations of local government agencies;

Gaming Code of the Quechan Tribe Title 1

Enacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 2007 Page 38
Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06,

Quechan Resolution No, R-273-07


5.7. Scope of Class If Gaming Facility License. A class II gaming facility license
issued by the Tribal Gaming Commission shall be effective for only the gaming
activity, including the type and number of games to be played within the facility, and
location specified in the application and the license.

5.8 Forms of Class II Gaming Facility License. Every Class I] gaming facility license
issued by the Tribal Gaming Commission shall include the name and address of the
licensed facility, the name and address of the gaming operation, the type and number
of authorized Class II games to be conducted in the facility, the signature of an
authorized officer of the Tribal Gaming Commission, and the date of expiration.

5.9 Term of Class II Gaming Facility License. A Class II gaming facility license shall
be valid for a period of one year from the date of issuance.

5.10 Posting of Class II Gaming Facility License. Each gaming facility shall post its
Class II gaming facility license in a conspicuous location. If a gaming operation has
more than one gaming facility, it must obtain and post a separate license for each
gaming facility.

5.11 Renewal of Class {1 Gaming Facility License. Each Class II gaming facility license
must be renewed annually. No renewal fee shall be required. To obtain a renewal of
a license, a gaming operation shall submit a written renewal application to the Tribal
Gaming Commission on the form provided by the Tribal Gaming Commission.

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 50


6.4.3

All applications, background checks, and Tribal Gaming Commission
decisions shall be retained in the Tribal Gaming Commission files for a
period of at least 10 years.

6.5 Grounds For Denial of Class II Tribal Gaming Employee License. The
Commission shall not license, hire, or employ in connection with Class II gaming,
any person who:

6.5.1

6.5.3

6..5.4

Is under the age of 18 or under the age of 21. If liquor is to be sold on the
premises; or

Has been convicted of or entered a plea of no contest to a gambling offense,
fraud or misrepresentation; or

Has been convicted of or entered a plea of guilty or no contest to any offense
involving the sale of narcotics, fraud, misrepresentation, forgery, larceny,
extortion, conspiracy to defraud, willful failure to make required payment or
reports to any tribal, state or United States governmental agency at any level
or filing false reports therewith or of any similar offense or offenses; or of
bribing or otherwise unlawfully influencing a public official or employee ofa
tribe, state, or the United States government; or of any crime, whether a
felony or misdemeanor, involving any physical harm to individuals or moral
turpitude within the immediately preceding five years. This provision shall
not apply if that person has been pardoned by the Governor of the State where
the conviction occurred or, if a tribal member, has been determined by the
Tribe to be a person who is not likely again to engage in any offensive or
criminal course of conduct and the public good does not require that the
applicant be denied a license as a key employee or primary management
official; or

Has participated in organized crime or unlawful gambling or is a person
whose prior activities, criminal record, reputation, habits, and/or associations
pose a threat to the public interest or to the effective regulation and control of
gaming, or create or enhance the dangers of unsuitable, unfair, or illegal
practices and methods and activities in the conduct of gaming or to the
carrying on of the business and financial arrangements incidental to the
conduct of gaming, as determined by the Tribal Gaming Commission after
notice and hearing; or

Is found to have supplied false or misleading information or has omitted
material information on his license application; or

Gaming Code of the Quechan Tribe Title II

Enacted September 15, 1994

Quechan Resolution Nos, R-42-94 Page $5


Section 6. Class II Tribal Gaming Employee License, Including Primary Management
Officials and Key Employees.

6.1 Current and Valid Class I] Tribal Gaming Employee License Required. Every
gaming employee, including primary management officials and key employees, of
any Class If gaming operation shall apply for a Class II tribal gaming employee
license and possess a current and valid Class If tribal gaming employee license no
later than 90 days from date of employment.

6.2 Application Procedure for Class II Tribal Gaming Employee License.

6.2.1 A person seeking a Class I] tribal gaming employee license must be at
least 18 years of age. All applications shall submit an application to
the Tribal Gaming Commission on such form and in such manner as
the Tribal Gaming Commission may require.

6.2.2 Such application shall include the following information:

6.2.2.1 The applicant’s name, including all other names used, current home
and work addresses and telephone numbers, social security number,
place of birth, date of birth, citizenship, and driver’s license number,
as well as the address of his personal residences over the past five
years.

6.2.2.2 The name, address, and telephone number of the gaming facility and
of the gaming operation for whom the applicant intends to work and
the specific location at which the applicant will be employed.

6.2.2.3 The name and job description of the applicant’s position.

6.2.2.4 The names and addresses of the applicant’s living parents,
grandparents, spouse, children, brothers, and sisters.

6.2.2.5 A statement as to whether or not the applicant has ever been charged
with a crime, and if so, the charge, the name and address of the court
involved, and the applicant’s explanation of the outcome of the case,
including the date of final disposition.

6.2.2.6 The names, current addresses, and telephone numbers of three
references who are not related to the applicant and who were
acquainted with the applicant when the applicant was residing at each
of the addresses listed in section

Gaming Code of the Quechan Tribe Title

Enacted September 15, 1994
Quechan Resolution Nos, R-42-94 Page 51


gain utilizing such methods as are deemed criminal violations of tribal law,
federal law or the laws and the public policy of this State. A “career offender
organization” shall be defined as any group of persons who operate together
as career offenders; or

6.4.9 Has had a gaming license issued by any state or tribe in the United States
revoked or denied; or

6.4.10 Has demonstrated a willful disregard for compliance with gaming regulatory
authority in any jurisdiction, including suspension, revocation, denial of
application or forfeiture of license; or

6.4.11 Has violated, failed or refused to comply with the provisions, requirements,
conditions, limitations or duties imposed by any provision of tribal law, the
Arizona Compact, or any State gaming a gency rule, or when any such
violation has occurred upon any premises occupied or operated by any such
person or over which he or she has substantial control; or

6.4.12 Has obtained or attempted to obtain an Arizona state certification or another
tribal license by fraud, misrepresentation, concealment or through
inadvertence or mistake; or

6.4.13 Has made a misrepresentation of or failed to disclose a material fact to the
State gaming agency or the Tribal Gaming Commission; or

6.4.14 Has failed to prove, by clear and convincing evidence, that he, she or it is
qualified in accordance with the provisions of this section; or

6.14.15 Has failed to provide any information requested by the Tribal Gaming
Commission or State gaming agency within 14 days of the request for the
information; or

6.14.16 Has within the past five years been convicted of the sale or distribution of
illegal narcotics; or

6.14.17 Is a person whose prior activities, criminal record, if any, reputation, habits
and associations pose a threat to the public interest of the Tribe or the State or
to the effective regulation and control of Class III gaming, or creates or
enhances the dangers of unsuitable, unfair or illegal practices, methods and
activities in t he c onduct o f C lass I I] gaming, or the carrying on of the
business and financial arrangements incidental thereto; or

Gaming Code of the Quechan Tribe Title HI

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 80


9.2.4

9.2.5

A reasonable time for correction, if the respondent cannot take measures to
correct the violation immediately; and

Notice of right to hearing before the Tribal Gaming Commission, including
the opportunity to present testimony, to cross-examine opposing witnesses,
and to present any other evidence as to why the Commission should not deny,
suspend or revoke the tribal gaming license or enjoin the gaming activity;

and shall be served upon the person named in the notice or their authorized
agent.

9.3 Hearing. Upon the request of the person named in the notice, the Tribal Gaming
Commission shall set a hearing within 30 days from the date from service of the
notice upon the respondent.

9.3.1

9.3.2

At the hearing, the respondent shall have the opportunity to present witnesses,
cross-examine opposing witnesses, and to present any other evidence as to
why the Commission should not deny, suspend, or revoke the tribal gaming
license, or enjoin the gaming activity.

The hearing shall be governed in all respects in accordance with tribal law
and Tribal Gaming Commission regulations.

9.4 Procedure for Emergency Suspension of a Class III Tribal Gaming License.

9.4.1

9.4.2

9.4.3

Grounds. Whenever the Tribal Gaming Commission has reasonable cause to
believe that there is or has been noncompliance with any requirement of a
tribal gaming license, including the specific criterion for issuance of a license,
standard of denial, or ground for suspension or revocation relating to each
type of tribal gaming license, and that the noncompliance constitutes a direct
and immediate threat to the peace, safety, morals, or health or welfare of the
community, the Tribal Gaming Commission may issue a notice of emergency
suspension of tribal gaming license.

Notice. The notice shall contain the information specified in section 9.2 as
well as a statement that the respondent is entitled to a hearing within seven
days of receipt of the notice.

Hearing. The Tribal Gaming Commission shall schedule a hearing within
seven days of the respondent’s receipt of the notice. The hearing shall be
conducted pursuant to section 9.3.

Gaming Code of the Quechan Tribe Title M1

Enacted September 15, 1994.

Quechan Resolution Nos. R-42-94 Page 90


4.5

46

4.7

48

49

4.10

state in writing that all future management officials and key employees and
their principals will be required to pass background investigations and obtain
Class Il tribal gaming employee licenses before they are hired.

4.4.11 The Tribal Gaming Commission shall have the authority to regulate the
proposed gaming activity.

4.4.12 The gaming operation shall pay to the National Indian Gaming Commission
such fees as federal law may require to be paid.

Grounds for Denial of Class If Gaming Operation License.

4.5.1 A Class I] gaming operation license shall be denied if the Tribal Gaming
Commission finds that:

4.5.1.1 Any of the criteria contained in section 4.4 have not been met; or

4.5.1.2 Any aspect of the gaming operation, the gaming activity, or any
person connected with the gaming operation poses a threat to
the public interest or to the effective regulation of gaming, or
creates or enhances the dangers of unsuitable, unfair, or illegal
practices and methods and activities in the conduct of gaming.

Fee for Class If Gaming Operation License Application. An applicant for a Class
II gaming operation license shall pay to the Tribal Gaming Commission a fee, set by
the Tribal Gaming Commission, sufficient to compensate the Tribal Gaming
Commission for the cost of review of the license application.

Scope of Class I! Gaming Operation License. A class II gaming operation license
issued by the Tribal Gaming Commission shall be effective only for the gaming
operation specified in the application and the license.

Form of Class Il Gaming Operation License. Every Class I] gaming operation
license issued by the Tribal Gaming Commission shall include the name and address
of the licensee, the signature of an authorized officer of the Tribal Gaming
Commission, and the date of expiration.

Term of Class II Gaming Operation License. A Class II gaming operation license
shall be valid for a period of one year from the date of issuance.

Posting of Class Il Gaming Operation License. Each gaming operation shall post
its license in a conspicuous location in each of its gaming facilities.

Gaming Code of the Quechan Tribe Title

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 45


11.4.3 T axes. As a matter of comity, with respect to persons employed at the
gaming facility, other than members of the Tribe, the Tribe shall withhold all
taxes due to the State as provided in the California Unemployment Insurance
Code and the Revenue and Taxation Code, and shall forward such amounts as
provided in said Codes to the State.

11.5 Emergency Service Accessibility. The Tribe shall make reasonable provisions for
adequate emergency fire, medical, and related relief and disaster services for patrons
and employees of the gaming facility.

11.6 Possession of Firearms. Possession of firearms shall be prohibited at all times in the
gaming facility, except for federal, state, local, or tribal security or law enforcement
personnel authorized by tribal, federal, or state law to possess firearms at the facility.

11.7 Alcoholic Beverage Service. Standards for alcohol service shall be subject to
applicable law. If the Tribe permits the consumption of alcoholic beverages in the
gaming facility, the Tribe shall prohibit persons under the age of 21 from being
present in any area in which Class III gaming activities are being conducted and in
which alcoholic beverages may be consumed, to the extent required by the California
Department of Alcoholic Beverage Control.

11.8 Prohibition Regarding Minors. The Tribe shall not permit persons under the age of
21 to be present in any room in which Class II] gaming activities are being

conducted.
Gaming Code of the Quechan Tribe Title 1V
Enacted September 18, 2002; Amended November 18, 2007 Page 115

Quechan Resolution No. R-209-02; Quechan Resolution No. R-273-407


GAMING CODE
OF THE
QUECHAN INDIAN TRIBE

TITLE!
GENERAL

A law to authorize, license, and regulate certain forms of gaming within the jurisdiction of
the Quechan Indian Tribe.

Section 1. Findings, Purposes and Policy

1.1 Findings. The Quechan Tribal Council finds that:

LA

1.1.7

Tribal regulation and control of gaming activity within the jurisdiction of the
Quechan Indian Tribe is essential for the protection of public health and
welfare, and the interests of the Tribe and the residents of and visitors to the
tribal community.

The Tribe has the legal authority to license and regulate all gaming activity
not specifically prohibited by federal law, within the jurisdiction of the Tribe.

Properly licensed and regulated gaming activities conform with announced
federal policy promoting Indian self-government and Indian tribal economic
self-sufficiency.

It is essential that the Tribe, through its Tribal Council, regulate gaming ina
manner commensurate with federal and tribal law and policy.

The present needs of the Tribe include increased employment, job and skills
training, housing, quality health care, improved nutrition, educational
opportunities, social services, law and order, public safety and judiciary, and
community and economic development. These needs are not adequately
addressed by present tribal, federal and state programs.

Tribal operation and licensing of gaming activities on the Reservation are
appropriate means of generating revenue to address the needs of the Tribe.

The Tribe is vigorously pursuing its goal of self-sufficiency and self-

Gaming Code of the Quechan Tribe Title 1

Enacted September 15, 1994: Amended September 18. 2002: Amended March 27, 2003, Amended June 26, 2006

Amended November 28, 2007

Page |

Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03: R-97-06
Quechan Resolution No, R-273-407


7.6

7.7

Section 8.

8.1

8.2

Effect of Denial or Expiration of Suitability Determination by State Gaming
Agency. The Tribe shall not enter into, or continue to make payments pursuant to;
any contract or agreement for the provision of financing with any person whose
application to the State Gaming Agency for a determination of suitability has been
denied or has expired without renewal. Any agreement between the Tribe and a
financial source shall be deemed to include a provision for its termination without
further liability on the part of the Tribe, except for bona fide repayment of all
outstanding sums (exclusive of interest) owed as of the date of termination, upon
revocation or non-renewal of the financial source’s license by the Tribal Gaming
Commission based on a determination of unsuitability by the State Gaming Agency.

Gaming Resource Suppliers as Financial Sources. A vendor who provides
financing exclusively in connection with the sale or lease of gaming resources
obtained from that vendor may be licensed solely in accordance with licensing
procedures applicable, if at all, to vendors.

Class II] Gaming Resource Supplier.

Current and Valid Class III Gaming Vendor License Required. No person may
provide gaming resources to any Class HI gaming facility or gaming operation on
Quechan Indian lands located in the State of California unless such person holds a
current and valid Class III gaming vendor license issued by the Tribal Gaming
Commission. A person who provides, or is deemed likely to provide, within any 12-
month period, at least $25,000 in gaming resources to any Class III gaming facility or
gaming operation located on Quechan Indian lands located in the State of California,
or who has received at least $25,000 from the Tribe’s gaming operation in any
consecutive 12-month period within the 24-month period immediately preceding
application for licensure, must also obtain a determination of suitability for licensure
under the California Gambling Control Act from the State Gaming Agency.

Business Entities. For applicants who are business entities, the licensing
requirement shall apply to the entity as well as:

8.2.1 Each of its officers and directors;

8.2.2 Each of its principal management employees, including any chief executive
officer, chief financial officer, chief operating officer, and general manager;

8.2.3 Each of its owners or partners, if an unincorporated business;

8.2.4 Each of its members, if a limited liability corporation;

Gaming Code of the Quechan Tribe Vile IV

Enacted September 18, 2002; Amended November 18, 2007 Page 108
Quechan Resolution No. R-209-02; Quechan Resolution No. R-273-07


4.5.20

4.5.21

4.5.22

4.5.23

4.5.19.1 A surveillance log recording all material surveillance
activities in the monitoring room of the gaming
facilities; and

4.5.19.2 A security log recording all unusual occurrences
investigated by the Tribal Gaming Commission.

4.15.19.3 All videotape surveillance recordings will be retained
by the gaming facility operator for at least seven days
from the date of original recording.
The gaming facility operator is covered by a tribal public liability insurance
which provides no Jess than $1 million for personal injury and property
damage. The Tribe’s insurance policy shall include an endorsement
providing that the insurer may not invoke tribal sovereign immunity up to the
limits of the policy set forth above.

The gaming facility operator will require all employees to wear in plain view
Class Il tribal gaming employee license identification cards issued by the
Tribal Gaming Commission that include a photograph, the individual’s first
and last name, an identification number unique to the individual tribal
license, a tribal seal or signature, and a date of expiration.

The gaming facility operator’s gaming activity meets all other criteria
required by the Arizona Compact.

The gaming facility operator must have an internal control system approved
by the Tribal Gaming Commission. The internal control system shall be
designed to reasonably assure that:

4.5.23.1 Assets are safeguarded;
4.5.23.2 Financial records are accurate and reliable;
4.5.23.3 Transactions are performed in accordance with the Tribe’s

general or specific authorization;

4.5.23.4 Access to assets is permitted only in accordance with the
Tribe’s specific authorization;

4.5.23.5 Recorded accountability for assets is compared with actual
assets at frequent intervals and appropriate action is taken

Gaming Code of the Quechan Tribe Title 1

Enacted September 15, 1994

Quechan Resolution Nos. R-42-94 Page 68


6.2.7

issuance or revocation of a gaming license, or investigations of activities
while associated with a tribe or a gaming enterprise. Failure to consent to the
disclosures indicated in this notice will result in a tribe’s being unable to hire
you in a primary management official or key employee position.

The disclosure of an applicant’s social security number is voluntary.
However, failure to supply a social security number may result in errors in
processing the application.

6.3 Fee for Class II Tribal Gaming Employee License. An applicant for a Class II
tribal gaming employee license shall pay to the Tribal Gaming Commission a fee, set
by the Tribal Gaming Commission, sufficient to compensate the Tribal Gaming
Commission for the cost of review of the license application.

6.4 Procedure for Review of Class II Tribal Gaming Employee License Application.
Before issuing a Class I] tribal gaming employee license, the Tribal Gaming
Commission shall:

6.4.1

6.4.2

Arrange for a law enforcement agency to take the applicant’s fingerprints and
forward those fingerprints directly to the National Indian Gaming
commission, to be forwarded to the Federal Bureau of Investigation, National
Criminal Information Center, for review of the applicant’s criminal history,
and perform or arrange to have performed the necessary background
investigation of the applicant required by this Code. Such investigations shall
including contacting each reference provided in the application and taking all
appropriate steps to verify the accuracy of the information contained in the
application. There shall be a written investigative report of the findings and
conclusions of each investigation. The investigative report shall include (1)
steps taken in conducting a background investigation; (2) results obtained; (3)
conclusions reached; and (4) the basis for those conclusions. The Tribal
Gaming Commission shall review the findings and conclusions and either
grant or deny the license. The applicant shall be notified in writing of the
Tribal Gaming Commission’s decision. If the Tribal Gaming Commission
denies the license, such notice shall include the specific reasons for the
denial.

Forward to the National Indian Gaming Commission a copy of the
application, investigative report that includes the results of the background
checks performed, and the Tribal Gaming Commission’s findings and
decision.

Gaming Code of the Quechan Tribe Title 1

Enacted September 15, 1994

Quechan Resolution Nos, R-42-94 Page 54


necessary background investigation, the Tribal Gaming Commission may
issue a license on a conditional or unconditional basis. With respect to key
employees and primary management officials, however, the Tribal Gaming
Commission must wait at least 30 days from the date the NIGC receives the
application and investigative report before issuing a license, in order to
provide the NIGC with an opportunity to notify the Tribal Gaming
Commission of any objections the NIGC may have to the issuance of the
license. When such objections are received from the NIGC within the 30-day
time period, the Tribal Gaming Commission must reconsider the application
in question, taking into account the NIGC’s objections.

6.4.8 State Gaming Agency Hearings. Upon notice from the State Gaming
Agency that it intends to deny an application for a determination of
suitability, the Tribal Gaming Agency shall promptly review the State
Gaming Agency’s preliminary decision and, if the Tribal Gaming
Commission objects to the proposed denial, request an opportunity for a
hearing and diligently exercise the right to a he aring b y appearing and
participating in the hearing.

6.4.9 Retention of Files, All applications, background checks, and Tribal Gaming
Commission decisions shall be retained in the Tribal Gaming Commission
files for a period of at least 3 years.

6.5 Denial, Suspension, or Revocation of Class III Gaming Employee License.

6.5.1 Any application for a gaming license may be denied, and any license issued
may be revoked, if the Tribal Gaming Commission determines that: the
application is incomplete or deficient; the applicant failed to comply with any
provision of the IGRA, the California Compact, this Code, Tribal Gaming
Commission regulations, or a tribal gaming license; or if the applicant is
determined to be unsuitable or otherwise unqualified for a gaming license.
Pending revocation, the Tribal Gaming Commission may summarily suspend
the license if it determines that the continued licensing of the person could
constitute a threat to public health or safety or may violate the licensing
standards contained in the IGRA, this Code, regulations promulgated by the
Tribal Gaming Commission, or the California Compact.

6.5.2 Except as provided for in Section 6.5.3 of this Title, upon receipt of notice
from the State Gaming Agency that it has determined that a person would be
unsuitable for licensure, the Tribal Gaming Commission shall promptly deny
or revoke any license that it has issued to the person; provided that the Tribal
Gaming Commission may, in its discretion, re-issue a license to the person

Gaming Code of the Quechan Tribe Title IV

Enacted September 18, 2002; Amended November 18, 2007 Page 103
Quechan Resolution No. R-209-02: Quechan Resolution No. R-273-07


A Commissioner or a member of the Tribal Gaming Commission’s staff shall visit
each gaming facility at least once every two weeks during normal business hours
for the purpose of monitoring its operation. Such visits shall be unannounced.

4.23 Investigations. The Tribal Gaming Commission, upon complaint, its own
initiative, or whenever it may deem it necessary in the performance of its duties or
the exercise of its powers, may investigate and examine the operation and
premises of any person who is subject to the provisions of this Code. In
conducting such investigation, the Tribal Gaming Commission may proceed either
with or without a hearing as it may deem best, but it shall make no order without
affording any affected party notice and an opportunity for a hearing pursuant to
Tribal Gaming Commission regulations.

4.24 Hearings; Examiner. Pursuant to regulations, the Tribal Gaming Commission
may hold any hearing it deems to be reasonably required in the administration of
its powers and duties under this Code. Whenever it shall appear to the satisfaction
of the Tribal Gaming Commission that all of the interested parties involved in any
proposed hearing have agreed concerning the matter at hand, the Tribal Gaming
Commission may issue its order without a hearing.

The Tribal Gaming Commission may designate one of its members to act as
examiner for the purpose of holding any hearing or the Tribal Gaming
commission may appoint another person to act as examiner under Section 4.25.
The Tribal Gaming Commission shall provide reasonable notice and the right to
present oral or written testimony to all people interested therein as determined by
the Tribal Gaming Commission.

4.25 Appointment of Examiner; Power of Examiner. The Tribal Gaming
Commission may appoint any person qualified in the law or possessing
knowledge or expertise in the subject matter of the hearing to act as examiner for
the purpose of holding any hearing that the Tribal Gaming Commission or any
member thereof has power or authority to hold. Any such appointment shall
constitute a delegation to such examiner of all powers of a Commissioner under
this Code with respect to any such hearing.

4.26 Quarterly Report of Tribal Gaming Commission. The Tribal Gaming
Commission shall file a quarterly report with the Tribal Council summarizing
reports received from each gaming operation and gaming facility operator and
make such comments as it deems necessary to keep the Tribal Council fully

Gaming Code of the Quechan Tribe Title T

Hnacted September 15, 1994; Amended September 18, 2002, Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 2007 Page 28
Quechan Resolution Nos. R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-407


of the Tribe or its power to promulgate rules and regulations; and provided
further that the Tribal Gaming Commission may not delegate to anyone
the power to permanently revoke a tribal gaming license.

4.18.22 To permanently close, after notice and hearing, any gaming facility that is
operating in violation of tribal law.

4.18.23 To sue or be sued in courts of competent jurisdiction within the United
States, subject to the provisions of Sections 4.7 and 4.8 of this Code and
other applicable laws relating to sovereign immunity; provided that no suit
shall be brought by the Tribal Gaming Commission without the prior
explicit written approval of the Tribal Council.

4.18.24 To use the seal of the Tribe with the approval of the Tribal Council.

4.18.25 To arbitrate, compromise, negotiate, or settle any dispute to which it is a
party relating to the Tribal Gaming Commission’s authorized activities.

4.18.26 To enter into, make, perform, and carry out any agreement, contract, or
other undertaking with any federal, state, or local governmental agency,
tribe, person, partnership, corporation, or other association or entity for
any lawful purpose pertaining to the business of the Tribal Gaming
Commission or that is necessary or incidental to the accomplishment of
the purposes of the Tribal Gaming Commission.

4.18.27 To exercise the tribal power to tax authorized by the Quechan Tribal
Constitution in accordance with a Tribal Council resolution delegating
such power to the Tribal Gaming Commission and in accordance with this
Code and other applicable law.

4.18.28 To purchase insurance from any stock or mutual company for any
property or against any risk or hazard.

4.18.29 To engage in any and all activities that directly or indirectly carry out the
purposes of the Tribe as set forth in this Code.

4.18.30 With prior approval of the Tribal council, to make application and accept
grants and other awards from private and governmental sources in carrying
out or furthering the purposes of the Tribal Gaming Commission or the
Tribe.

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 2007 Page 24
Quechan Resolution Nos. R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-07


(B) A person or entity whose sole connection with a provision or extension
of financing to the Tribe is to provide loan brokerage or debt servicing for a
Financial Source at no cost to the Tribe or the Gaming Operation, provided
that no portion of any financing provided is an extension of credit to the Tribe
or the Gaming Operation by that person or entity.

7.3 Business Entities. For applicants who are business entities, the licensing
requirement shall apply to the entity as well as:

7.3.1 Each of its officers and directors;

7.3.2 Each of its principal management employees, including any chief executive
officer, chief financial officer, chief operating officer, and general manager;

7.3.3. Each of its owners or partners, if an unincorporated business;
7.3.4 Each of its members, if a limited liability corporation;

7.3.5 Each of its shareholders who owns more than 10% of the shares of the
corporation, if a corporation; and

7.3.6 Each person or entity (other than a financial institution that the Tribal
Gaming Commission has determined does not require a license under Section
7.2 of this Title) that alone or in combination with others, has provided
financing in connection with any gaming authorized under this Gaming
Compact, if that person or entity provided more than 10% of:

7.3.6.1 the start-up capital;
7.3.6.2 the operating capital over a 12-month period; or
7.3.6.3 a combination thereof.

7.4 General. Sections 6.2 through 6.10 of this Title, excluding Section 6.5.3 and 6.8,
shall apply to the licensing of financial sources.

7.5 Review and Renewal. Class III financial source licenses shall be reviewed at least
every 2 years for continuing compliance. In connection with such a review, the
Tribal Gaming Commission shall require the financial source to update all
information provided in the previous application. For purposes of Section 6.11 of
this Title, such a review shall be deemed to constitute an application for renewal.

Gaming Code of the Quechan Tribe Title IV

Enacted September 18, 2002; Amended November 18, 2007 Page 107
Quechan Resolution No, R-209-02; Quechan Resolution No. R-273-07


cause any person to violate any provision of this Code or any rules and
regulations adopted hereunder.

6.2.15 To operate, use, or make available to the public any illegal gaming device,
apparatus, material, or equipment.

6.2.16 To sell or hold out for sale or transport into or out of the jurisdiction of the
Tribe any illegal gaming device, apparatus, material, or equipment.

6.2.17 To assist or allow a person who is under age to participate in any gaming
activity.

6.2.18 To possess any illegal narcotics or controlled substances at any gaming
facility.

6.2.19 To steal or attempt to steal funds or other items of value from any gaming
facility or from the Tribal Gaming Commission.

6.2.20 To employ any person at a gaming facility whom the gaming operation or
gaming facility operator knows has been convicted of a gaming crime or a
crime of fraud.

6.2.21 To conspire with or induce any person to violate any of the provisions of
this Code or any tribal or federal Jaw.

6.2.22 To engage in any act, gaming-related practice, or course of operation that
could result in a fraud or deceit upon any person or the Tribe.

6.2.23 To use bogus or counterfeit chips or gaming tickets or to substitute or use
any game, cards, gaming tickets, or gaming equipment that have been
marked or tampered with.

6.2.24 To employ or have on the Reservation any device to facilitate cheating in
any game of chance.

6.2.25 To knowingly use any fraudulent scheme or technique, or to solicit,
provide, or receive inside information about any gaming activity with the

intent of benefiting any person.

6.2.26 To take, solicit, or encourage any action that undermines the integrity of

Gaming Code of the Quechan Tribe Title 1

Enacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003: Amended June 26. 2006

Amended November D07 Page 36
Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-07



Section 8. Procedures for Denial, Suspension or Revocation of Class II Gaming Licenses.
8.1 Grounds. Based upon reasonable cause and after notice and hearing, the Tribal
Gaming Commission may deny, suspend, or revoke any Class II tribal gaming license

for:

8.1.1 Failure to comply with any provision of federal law, the Arizona Compact, or
this Code, including obtaining a tribal gaming license; or

8.1.2. Failure to comply with any condition for issuance of a tribal gaming license,
including specific criteria for issuance of a license, standards for denial, or
grounds for suspension or revocation relating to each type of tribal gaming
license.

8.2 Notice. Notices of denial, suspension or revocation of a Class II tribal gaming
license shall contain:

8.2.1 The name of the person to whom notice is given;

8.2.2 Citation to the requirement of this Code that has been or will be violated;

8.2.3. A description of the circumstances surrounding the violation, including the
nature of the gaming activity being conducted:

8.2.4 A reasonable time for correction, if the respondent cannot take measures to
correct the violation immediately; and

8.2.5 Notice of right to hearing before the Tribal Gaming Commission, including
the opportunity to present testimony, to cross-examine opposing witnesses,
and to present any other evidence as to why the Commission should not deny,
suspend or revoke the tribal gaming license;

And shall be served upon the person named in the notice or their authorized
agent.

8.3 Hearing. Upon the request of the person named in the notice, the Tribal Gaming
Commission shall set a hearing within 30 days from the date from service of the
notice upon the respondent.

8.3.1 At the hearing, the respondent shall have the opportunity to present witnesses,
cross-examine opposing witnesses, and to present any other evidence as to
why the Commission should not deny, suspend, or revoke the tribal gaming

Gaming Code of the Quechan Tribe Title

Enacted September 15, 1994
Quechan Resolution Nos, R-42-94 Page 60


10.11

Section 11.

11.1

11.2

11.3

11.4

inspections or investigations conducted by the State Gaming Agency shal] be
maintained by the Tribal Gaming Commission for no less than 10 years.

Association Regulations. The Tribal Gaming Commission shall review and submit
comments to the Association on regulations proposed by the State Gaming Agency in
accordance with Section 8.4 of the California Compact.

Public and Workplace Health and Safety, and Liability

General. The Tribe will not conduct Class IJ] gaming in a manner that endangers the
health, safety, or welfare; provided that nothing herein shall be construed to make
applicable to the Tribe any state laws or regulations governing the use of tobacco.

Standards. The Tribe shall adopt, and make available on request, health and safety
standards described in subdivisions (a)-(c) and (e)-(k) of Section 10.2 of the
California Compact to which the gaming operation is held.

Patron Claims.

11.3.1 I nsurance. The gaming operation shall carry no less than $10,000,000 per
occurrence in general public liability insurance for patron and third party
liability claims.

11.3.2 D ue Diligence. In compliance with the California Compact and Applicable
Tribal Gaming Commission regulations, the Tribe shall take reasonable steps
to ensure that claims are promptly and fairly adjudicated and that legitimate
claims are paid in a timely manner.

11.3.3. Tort Liability Ordinance. The Tribe shall adopt and make available to
patrons a tort liability ordinance in accordance with Section 10.2(d) of the
California Compact.

Employment Programs.

11.4.1 W orkers’ Compensation. The Tribe shall either elect to participate in the
State statutory workers’ compensation system or create a workers’
compensation under tribal law meeting the minimum requirements of Section
10.3(a) of the California Compact.

11.4.2 U nemployment Benefits. The Tribe’s gaming operation will participate in
the State’s program for providing unemployment compensation benefits and
unemployment compensation disability benefits with respect to gaming
employees in accordance with Section 10.3(b) of the California Compact.

Gaming Code of the Quechan Tribe Tithe 1V

Enacted September 18, 2002; Amended November 18. 2007 Page 114
Quechan Resolution No. R-209-02; Quechan Resolution No, R-273-07


Gaming Commission will review the findings of the State and tribal
background investigators and determine whether it will issue a license
to that individual. State of Arizona c ertification o fa p articular
applicant in no way requires the T ribal Gaming C ommission to
license that individual. The applicant shall be notified in writing of
the Tribal Gaming Commission’s decision. A copy of the letter shall
be sent to the State gaming agency as well as to the applicant. This
letter shall include the specific reasons for the Tribal Gaming
Commission’s decision.

6.3.2.2 Temporary License. After an application for State certification has

been pending for not less than 20 days, the Tribal Gaming
Commission may request that the State of Arizona issue a temporary
certification to the applicant. If the State agrees, the applicant may
then be granted a temporary license. This temporary license will
become void immediately upon receipt by the Tribal Gaming
Commission of a letter from the State gaming agency denying the
applicant’s certification. Upon receipt of such denial of State
certification, the Tribal Gaming Commission shall immediately issue
a written notice of license termination to the temporary license stating
the reasons for said action. If the State agrees to certify the person, the
temporary license shall become void five working days from the date
the State notice of certification is approved unless the Commission
issues the applicant a permanent license.

6.3.3 Reliance on Current State Certification. The Tribal Gaming Commission
may, at its discretion, use the applicant’s possession of any current State
gaming certification as sufficient evidence of his qualifications to possess a
Class III gaming employee license, provided that the applicant has submitted
a completed application and, in the case of a nonmember applicant, that the
State gaming agency agrees to reaffirm that certification.

6.3.4 Retention of Files. All applications, background checks, and Tribal Gaming
Commission decisions shall be retained in the Tribal Gaming Commission
files for a period of at least 10 years.

6.4 Grounds for Denial of Class III] Gaming Employee License. The Tribal Gaming
Commission shall not license, hire, or employ in connection with Class III gaming in
Arizona, any person who:

6.4.1 Is under the age of 18 or under the age of 21 if liquor is sold on the premises;

or

Gaming Code of the Quechan Tribe

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94

Title TL

Page 78


5.2.2.1

5.2.2.2

5.2.2.3

5.2.2.4

5.2.2.5

5.2.2.6

Revenues, expenses, assets, liabilities and equity for each
location at which Class II and Class III gaming is conducted;

Daily cash transactions for each Class II and Class III] game at
each location at which gaming is conducted, including but not
limited to transactions relating to each gaming table bank, game
drop box, and gaming room bank;

All markers, IOUs, returned checks, hold checks or other similar
credit instruments;

Individual and statistical game records to reflect statistical drop
and statistical win; for electronic, computer, or other
technologically assisted games, analytic reports which show the
total amount of cash wagered and the total amount of prizes won;

Contracts, correspondence and other transaction documents
relating to all vendors and contractors;

Records of all customer complaints and tribal gaming
enforcement activities;

All gaming related audits prepared by or on behalf of the Tribe or
one of its subdivisions.

Personnel information on all gaming employees or agents
including rotation sheets, hours worked, employee profiles and
background checks,

All permanent books of accounts and records, including inventory records
of gaming supplies, sufficient to establish the gross and net income,
deductions, expenses, receipts, and disbursement of gaming operators and
gaming facility operators.

5.3 Audit Requirements.

5.3.1

Each gaming operation and gaming facility operator shall provide a copy
of an annual independent audit to the Tribal Gaming Commission, the
Tribal Council, and the National Indian Gaming Commission. The audit
shall be conducted in accordance with the auditing and accounting

Gaming Code of the Quechan Tribe

Title I

Enacted September 15, 1994: Amended September 18, 2002; Amended March 27, 2003: Amended June 26, 2006

Amended November 28, 2007,

Page 30

Quechan Resolution Nos. R-42-94; R-209-02 and R-39-03; R-97-06
Quechan Resolution No, R-273-07


3.2.3. The Tribal Gaming Commission may, at its discretion, require the testing of
any gaming device to ensure compliance with the requirements of Section 3.2
of this Title.

Any such testing shall be conducted according to the technical standards
adopted by the Tribal Gaming Commission.

3.3 Number of Games and Locations.

3.3.1. Number of Gaming Devices. The Tribe may operate up to the number of
gaming devices provided for under Section 4.3.1 of the California Compact,
as may be amended from time to time.

3.3.2 Authorized Gaming Facilities. The Tribal Gaming Commission may
license one (1) Class III gaming facility at one or the other but not both of the
locations listed at Section 4.3.5 of the California Gaming Compact.

3.4 Transportation of Gaming Devices. The Tribal Gaming Commission shall not
permit any gaming device used in a Class II gaming facility in California to be
transported to or from the Tribe’s land except in accordance with Section 7.4.5(b) of
the California Compact and procedures established by agreement between the State
Gaming Agency and the Tribal Gaming Commission and upon at least 10 days’
notice to the Imperial County Sheriff's Department.

Section 4. Licensing Standards.

41 Mandatory Licenses. All persons in any way connected with the gaming operation
or gaming facility who are required to be licensed or to submit to a background
investigation under IGRA, and any others required to be licensed under the California
Compact, including all gaming employees, gaming resource suppliers, financial
sources, and the gaming facility must be licensed by the Tribal Gaming Commission.

4.2 Suitability Standard. In reviewing an application for a gaming license, and in
addition to any standards set forth in this Title or in regulations of the Tribal Gaming
Commission, the Tribal Gaming Commission shall consider whether issuance of the
license is inimical to public health, safety, or welfare, and whether issuance of the
license will undermine public trust that the Tribe’s gaming operations, or tribal
government gaming generally, are free from criminal and dishonest elements and
would be conducted honestly. A license may not be issued unless, based on all
information and documents submitted, the Tribal Gaming Commission is satisfied
that the applicant is all of the following, in addition to any other criteria in the IGRA:

Gaming Code of the Quechan Tribe Fitle IV

Enacted September 18, 2002; Amended November 18, 2007 Page 96
Quechan Resolution No. R-209-02; Quechan Resolution No. R-273-07


2.38

2.39

2.40

2.41

2.42

2.43

established pursuant to 25 U.S.C. ' 2704.

“Net revenues” means gross gaming revenues of a gaming operation or gaming
facility operator, less amounts paid out as, or paid for, prizes and less total gaming-
related operating expenses, excluding management fees.

“Participate in any gaming activity” means to operate, direct, finance, or in any
way assist in the establishment or operation of any gaming activity or any site where
gaming is conducted, directly or indirectly, whether at the site, in person, or off-site.

“Person” means any natural person, corporation, company, partnership, firm,
association, or society.

“Player” means a person participating in any game, but does not include a gaming
operation or gaming facility operator.

“Player-activated lottery terminal’ means an on-line computer system that is player
activated but does not provide the player with interactive gaming and utilizes the
terminal for dispensing purposes only in which: (i) the terminal algorithm is used for
the random generation of numbers, (ii) the tickets dispensed by the terminal do not
allow the play the means to play directly against the terminal, (iii) the player uses the
dispensed ticket to participate in an off-site random drawing, and (iv) the player’ s
ability to play against the terminal for immediate payment or reward is eliminated.

“Primary management official” means:

2.43.1 The person having management responsibility under a management contract
approved by the NIGC; or

2.43.2 The general manager of a gaming operation or gaming facility operator; or
2.43.3 Any person who has authority:
2.43.3.1 To hire and fire gaming employees; or

2.43,3.2 To set up working policy for a gaming operation or gaming facility
operator; or

2.43.4 The chief financial officer or other person who has financial management
responsibility for a gaming operation or gaming facility operator.

Gaming Code of the Quechan Tribe Title
Enacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003: Amended June 26, 2006

Amended November 28, 2007 Page 11
Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-6

Quechan Resolution No. R-273-407


6.4.2

6.4.3

6.4.4

6.4.5

6.4.6

6.4.7

6.4.8

Has been convicted of or entered a plea of no contest to a gambling offense,
fraud, misrepresentation or any felony; or

Has been convicted of, or forfeited bond upon a charge of, or pleaded guilty
to, forgery, larceny, extortion, conspiracy to defraud, willful failure to make
required payment or reports to any tribal, state or United States governmental
agency at any level, or filing false reports therewith, or of any similar offense
or offenses, or of bribing or otherwise unlawfully influencing a public official
or employee of a tribe, state or the United States government, or of any crime,
whether a felony or misdemeanor, involving any gaming activity or physical
harm to individuals or moral turpitude; or

Is subject to current prosecution or pending charges or a conviction that is
under appeal for any of the offenses which if he were convicted of would
disqualify him from obtaining a license; provided, that at the request of an
applicant for an original certification, the State gaming agency may defer
decision upon the application during the pendency of such prosecution or
appeal; or

Has participated in organized crime or unlawful gambling: or

Has knowingly caused. aided, abetted, or conspired with another to cause any
person or entity to violate any of the laws of the Tribe, the rules of the Tribal
Gaming Commission or the laws or rules of the State of Arizona or its
gaming agency or the provisions of the Arizona Compact; or

Has pursued or is pursuing economic gain in an occupational manner or
context that is in violation of the criminal laws of any state if such pursuit
creates probable cause to believe that the participation of such person in
gaming or related activities would be detrimental to the proper operation of
an authorized gaming or related activity of the Tribe or to the citizens of the
State of Arizona. For the purposes of this paragraph, “occupational manner
or context” s hall b e de fined as the s ystematic p lanning, administration,
management or execution of an activity for financial gain; or

Is a career offender or a member of a career offender organization or an
associate of a career offender organization in such a manner which creates
probable cause to believe that the association is of such a nature as to be
detrimental to the proper operation of the authorized gaming or related
activities of the Tribe or the State of Arizona. For the purposes of this
paragraph, “career offender” shall be defined as any person whose behavior is
pursued in an occupational manner or context for the purposes of economic

Gaming Code of the Quechan Tribe Title

Enacted September 15, 1994

Quechan Resolution Nos, R-42-94 Page 79


license application.
Section 7. Class III Management Contractor License.

7A Class HI Management Contractor License Required. Any Class II] gaming
management contractor conducting any Class III gaming on Quechan Indian lands
located in the State of Arizona shall possess a tribal Class II] management contractor
license and be certified by the State of Arizona.

72 Review of Class 111 Management Contractor License Application. In reviewing
an application for a Class II] management contractor license, the Tribal Gaming
Commission shall follow the procedures in section 8, Title | of this Code and the
regulations, as amended, at 25 CFR Part 537 - Background Investigations for Persons
or Entities With a Financial Interest in, or Having Management Responsibility for, a
Management Contract.

7.3. Certification by the State of Arizona. The Tribal Gaming Commission shall
require that the applicant for a Class III management contractor license provide the
Tribal Gaming Commission with a certified check made payable to the State of
Arizona in such amount as the State may require to process the background check of
the applicant and its principals. Once the Tribal Gaming Commission has completed
the procedures established under Section 8 of Title I of this Code, the Tribal Gaming
Commission shall forward to the State gaming agency copies of the application and
all background information submitted to the National Indian Gaming Commission,
along with any additional information that the State gaming agency may require. The
Tribal Gaming Commission shall also provide the State gaming agency with any
findings and recommendations received b y the Tribe from the National Indian
Gaming Commission relative to the applicant.

14 Criteria for Issuance of a Class If] Management Contractor License. If the
applicant for a Class III gaming management contractor license is approved by the
National Indian Gaming Commission and certified by the State gaming agency, the
Tribal Gaming Commission may issue a license to the applicant. If either the
National Indian Gaming Commission or the State gaming agency denies approval of
the applicant, the Tribal Gaming Commission shall deny the license to the applicant.

75 Fee for Class II] Management Contractor License. An applicant for a Class III
management contractor license shall pay to the Tribal Gaming Commission a fee, set
by the Tribal Gaming Commission, sufficient to compensate the Tribal Gaming
Commission for the cost of review of the license application.

7.6 Scope of Class II] Management Contractor License. A class II] management

Gaming Code of the Quechan Tribe Title 11

Fnacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 85


2.20

2.21

2.22

2.23

structures in which gaming or gaming activities are conducted or operated.

2.19.2 For the purposes of Title IV, “gaming facility” means any building in which
class I Il g aming activities or g aming 0 perations o ccur, or in w hich the
business records, receipts, or other funds of the gaming operation are
maintained (but excluding offsite facilities primarily dedicated to storage of
those records, and financial institutions), and all rooms, buildings, and areas,
including parking lots and walkways, a principal purpose of which is to serve
the activities of the gaming operation, provided that nothing herein prevents
the conduct of Class II gaming therein.

“Gaming facility operator’, for purposes of Class III gaming only, means the Tribe,
an enterprise owned by the Tribe, or such other entity of the Tribe as the Tribe may
from time to time designate by written notice to the State as the wholly owned tribal
entity having full authority and responsibility for the operation and management of
Class III gaming activities.

“Gaming operation”

2.21.1 For the purposes of Class II gaming only, “gaming operation” means each
economic entity that is licensed by the Tribe, operates the games, receives the
revenues, issues the prizes, and pays the expenses.

2.21.2 For the purposes of Title Ill, “gaming operation” means any gaming activity
conducted within any gaming facilities.

2.21.3 For the purposes of Title IV, “gaming operation” means the business
enterprise that offers and operates Class If gaming activities, whether
exclusively or otherwise.

“Gaming resources” means any goods or services provided or used in connection
with Class III gaming activities, whether exclusively or otherwise, including, but not
limited to, equipment, furniture, gambling devices and ancillary equipment,
implements of gaming activities such as playing cards and dice, furniture designed
primarily for Class II] gaming activities, maintenance or security equipment and
services, and Class III gaming consulting services. “Gaming resources” does not
include professional accounting and legal services.

“Gaming resource supplier” means any person or entity who, directly or indirectly,
manufactures, distributes, supplies, vends, leases, or otherwise purveys gaming

Gaming Code of the Quechan Tribe

Enacted September 15, 1994: Amended September 18, 2002: Amended March 27, 2003: Amended June 26, 2006
Amended November 28, 2007

Quechan Resolution Nos, R-42-94; R-209-4)2 and R-39-03; R-97-06

Quechan Resolution No. R-273-07

Title

Page 7


employee or agent of a gaming facility operator or any person on the premises,
whether or not such occurrences are associated with gaming activities. Regardless of
the identity of the reporter or to whom the report is made, the Tribal Gaming
Commission shall make a written record of any unusual occurrences, violations or
suspected violations, without regard to materiality. Each entry shall be assigned a
sequential number and shall include, at a minimum, the following information which
shall be recorded in indelible ink in a bound notebook from which pages cannot be
removed and each side of each page is sequentially numbered:

10.6.1 The assigned number;

10.6.2 The date;

10.6.3 The time;

10.6.4 The location of the incident;

10.6.5 A detailed description of the incident;
10.6.6 The person(s) involved in the incident; and

10.6.7 The name of the security department or Tribal Gaming Commission
employee assigned to investigate.

10.7 Duty to Report to State Gaming Agency. The Tribal Gaming Commission shall
report significant or continued violations of this Compact or failures to comply with
its orders to the State Gaming Agency.

10.8 Assistance by State Gaming Agency. The Tribal Gaming Commission may request
the assistance of the State Gaming Agency whenever it reasonably appears that such
assistance may be necessary to carry out the purposes of Section 10 of this Title, or
otherwise to protect public health, safety or welfare. The Tribe shall reimburse the
State of California for the state’s actual and reasonable costs of assistance when the
assistance requires expenditure of extraordinary costs.

10.9 Access to Premises by State Gaming Agency. The State Gaming Agency shall
have the right to inspect any of the Tribe’s gaming facilities located in the State of
California with respect to Class III gaming activities only, and all gaming facility
records relating thereto, subject to the conditions specified in Section 7.4 and 7.5 of
the California Compact.

10.10 Retention of Report of Inspections and Investigations. Copies of all reports of

Gaming Code of the Quechan Tribe Title 1V

Enacted September 18, 2002; Amended November 18, 2007 Page 113
Quechan Resolution No. R-209-02; Quechan Resolution No. R-273-07


6.12.10 The employee has been convicted of or entered a plea of no contest
to a crime involving the sale of illegal narcotics or controlled
substances;

6.12.11 The employee has failed to comply with any lawful order, inquiry or
directive of the Tribal Gaming Commission, the Tribal Council, or
any administrative or judicial body of competent jurisdiction arising
from any gaming activity whether or not subject to this Code; or

6.12.12 The employee has knowingly caused, aided, abetted, or conspired
with another to cause any person or entity to violate any of the laws of
the State of Arizona, the rules of the State gaming agency or the
Tribal Gaming Commission, or the provisions of the Arizona
Compact;

6.12.13 The employee has obtained a State gaming certification or tribal
license by fraud, misrepresentation, concealment, or through
inadvertence or mistake;

6.12.14 The employee has been convicted of, forfeited bond upon a charge
of, or pleaded guilty to, forgery, larceny, extortion, conspiracy to
defraud, willful failure to make required payment or reports to any
tribal, state, or United States governmental agency at any level, or
filing false reports therewith, or of any similar offense or offenses, or
of bribing or otherwise unlawfully influencing a public official or
employee of a tribe, state or the United States government, or of any
crime, whether a felony or misdemeanor, involving any gaming
activity or physical harm to individuals or moral turpitude;

6.12.15 The employee has made a misrepresentation of or failed to disclose a
material fact to the State gaming agency or the Tribal Gaming
Commission;

6.12.16 The employee has had revoked or been denied issuance of a gaming
license by any state or tribe in the United States;

6.12.17 The employee has demonstrated a willful disregard for compliance
with gaming regulatory authority in any jurisdiction, including
suspension, revocation, denial of application, or forfeiture of license;

6.12.18 T he e mployee has p ursued or is p ursuing economic gain in an
occupational manner or context that is in violation of the criminal

Gaming Code of the Quechan Tribe Title 11

fnacted September 15, 1994

Quechan Resolution Nos. R-42-94 Page 83


8.3

8.4

Section 9

9.1

8.2.5 Each of its shareholders who owns more than 10% of the shares of the
corporation, if a corporation; and

8.2.6 Each person or entity (other than a financial institution that the Tribal
Gaming Commission has determined does not require a license under Section
7.2 of this Title) that alone or in combination with others, has provided
financing in connection with any gaming authorized under this Gaming
Compact, if that person or entity provided more than 10% of:

8.2.6.1 the start-up capital;
8.2.6.2 the operating capital over a 12-month period; or
8.2.6.3 a combination thereof.

General. Sections 6.2 through 6.10 of this Title, excluding Section 6.5.3 and 6.8,
shall apply to the licensing of gaming resource suppliers.

Review and Renewal. Class III gaming vendor licenses shall be reviewed at least
every 2 years for continuing compliance. In connection with such a review, the
Tribal Gaming Commission shall require the gaming resource supplier to update all
information provided in the previous application. For purposes of Section 6.11 of
this Title, such a review shall be deemed to constitute an application for renewal.

Effect of Denial or Expiration of Suitability Determination by State Gaming
Agency. The Tribe shall not enter into, or continue to make payments pursuant to,
any contract or agreement for the provision of gaming resources with any person
whose application to the State Gaming Agency for a determination of suitability has
been denied or has expired without renewal. Any agreement between the Tribe anda
gaming resource supplier shall be deemed to include a provision for its termination
without further liability on the part of the Tribe, except for bona fide repayment of all
outstanding sums (exclusive of interest) owed as of the date of termination, upon
revocation or non-renewal of the gaming resource supplier’s license by the Tribal
Gaming Commission based on a determination of unsuitability by the State Gaming
Agency.

Procedures for Denial, Suspension or Revocation of Class IH Tribal Gaming
License.

Grounds. Based upon reasonable cause and after notice and hearing, the Tribal
Gaming Commission may deny, suspend, or revoke any Class III tribal gaming

Gaming Code of the Quechan Tribe Title IV

Enacted September 18, 2002; Amended November 18, 20007 Page 109
Quechan Resolution No. R-209-02; Quechan Resolution No. R-273.07


disclose to the Tribal Gaming Commission any concerns, suspected activities or
pending matters reasonably believed to constitute potential violations of he Arizona
Compact by any person if such disclosure will not compromise on-going law
enforcement investigations or activities. Following the first year of the Arizona
Compact, the Tribal Gaming Commission and the State gaming agency shall jointly
determine the number of meetings necessary, but in no event shall less than two
meetings occur during any 12-month period.

10.12 Tribe’s Access to State Records. The Tribal Gaming Commission may, at its
discretion, exercise the Tribe’s right to inspect and copy all records received by the
State gaming agency concerning the Tribe’s authorized Class III gaming if such
disclosure will not compromise ongoing law enforcement investigations or activities
and would not violate applicable tribal, state, and federal law.

10.13 Retention of Reports of Inspections and Investigations. Copies of all reports of
inspections or investigations conducted by the State gaming agency shall be
maintained by the Tribal Gaming Commission for no less than ten years.

10.14 Retention of Other Records. Throughout the term of the Arizona Compact and
during the pendency of any litigation arising from it, and for one year following the
termination of the Arizona Compact, all books and records relating to authorize
gaming activities, including the records of any management contractor, any Class III
gaming facility operator and the Tribal Gaming Commission are to be separately
maintained in order to facilitate auditing of these books and records to ensure
compliance with the Arizona Compact. All such records shall be maintained
pursuant to generally accepted accounting principles and shall be suitable for audit
pursuant to the standards of the American Institute of Certified Public Accountants.

Gaming Code of the Quechan Tribe Title HI

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 94


Section 1.

Section 2.

GAMING CODE
OF THE
QUECHAN INDIAN TRIBE

TITLE HI

CLASS IIT GAMING IN THE STATE OF ARIZONA

Applicability. This Title applies to and regulates all Class II] gaming and gaming
activities operated on Quechan Indian lands within the State of Arizona.

Class 111 Games Authorized for Play in the State of Arizona.

2.1 Authorized Class III Games. Consistent with applicable law and the Arizona
compact, the Tribe authorizes the licensing of the following Class III games of
chance for play on Quechan Indian lands located in the State of Arizona:

2.1.1 Gaming devices,

2.1.2 Keno,

2.1.3 Lottery,

2.1.4 Off-track parimutuel wagering,

2.1.5 Parimutuel wagering on horse racing, and

2.1.6 Parimutuel wagering on dog racing.

2.2 Technical Requirements Applicable to the Class II] Games Authorized for Play
in Arizona.

2.2.1 All gaming devices must comply with the technical standards set forth in
Appendix A of the Arizona Compact.

2.2.2 Any gaming devices operated as part of a network, as that term is defined in
Section 2.q of the Arizona Compact, must comply with the security and
surveillance requirements set forth in Appendix C of that Compact as
amended.

2.2.3. Before commencing operation of any of the above-referenced games of

Gaming Code of the Quechan Tribe Title 1

Enacted September 15, 1994.
Quechan Resolution Nos. R-42-94 Page 62


vendor license shall pay to the Tribal Gaming Commission a fee, set by the Tribal
Gaming Commission, sufficient to compensate the Tribal Gaming Commission for
the cost of review of the license application.

7A Form of Class I] Gaming Vendor License. Every Class II gaming vendor license
issued by the Tribal Gaming Commission shall include the name and address of the
licensed vendor, the name and address of the gaming operation served by the vendor,
the type of goods or services provided to the gaming operation, the signature of an
authorized officer of the Tribal Gaming Commission, and the date of expiration of
the license.

7.5 Procedure for Review of Class I] Gaming Vendor License Application. Upon
receipt of an application for a Class I] gaming vendor license, the Tribal Gaming
Commission shall conduct a background investigation of the applicant and each of its
principals and shall verify t he information c ontained in t he application. S uch
investigation shall include a criminal records check on the applicant and on each of
the applicant’s principals. The findings of each phase of the investigation shall be
recorded in writing and maintained by the Tribal Gaming Commission for a period of
ten years. The Tribal Gaming Commission shall conduct such other investigation of
applicant and its principals as it deems appropriate.

7.6 Action by Tribal Gaming Commission; Grounds for Denial of Class Il Gaming
Vendor License. Except as provided in section 7.2.2, the Tribal Gaming
Commission shall, as soon as practicable after completion of the background
investigation under section 7.5, review the results and either grant or deny the license.
The Tribal Gaming Commission may deny a license to any applicant up ona
determination that the applicant or any principal of the applicant:

7.6.1 Is aperson that employs one or more persons whose prior activities, criminal
record, if any, or reputation, habits and associations pose a threat to the
effective regulation of gaming or create or enhance the chances of unfair or
illegal practices, methods, and activities in the conduct of the gaming
activities permitted hereunder; or

7.6.2 Has failed to provide information reasonably required to investigate the
applicant’s suitability for a license or has failed to reveal any fact material to
such application or has furnished any information which is untrue or
misleading in connection with such application.

7.7 Term of Class Il Gaming Vendor License; Renewal. Any class I] gaming vendor
license issued by the Tribal Gaming Commission shall be effective for not more than
one year and shall expire on the 30" day of September of each year; provided, that a

Gaming Code of the Quechan Tribe Title 1

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 58


4.14 Organization. The Tribal Gaming Commission shall develop its own operating
procedures and shall elect from within itself a chairperson to direct meetings, a
reporter to be responsible for keeping Tribal Gaming Commission minutes and
transmitting to the Tribal Council a copy of those minutes, handling
correspondence and reporting Tribal Gaming Commission decisions, and such
other officers as the Tribal Gaming Commission deems necessary or advisable.

4.15 Meetings.

4.15.1 Regular Meetings. The Tribal Gaming Commission shall hold at least one
regular monthly meeting, which shall take place on the first Monday of
each month or as otherwise determined by the Tribal Gaming
Commission.

4.15.2 Special Meetings. Special meetings may be called at the request of the
Tribal Council, the Chairman of the Tribal Gaming Commission, or a
majority of the number of Commissioners appointed to the Commission.

4.15.3 Compensation of Commissioners. The compensation of Commissioners
shall be established by the Tribal Council.

4.15.4 Quorum. A quorum for all meetings shall consist of a majority of the
number of Commissioners appointed to the Commission.

4.15.5 Voting. All questions arising in connection with the action of the Tribal
Gaming Commission shall be decided by majority vote of all
Commissioners present, except that when only three Commissioners have
been appointed, all questions must be decided by a majority vote of all
Commissioners appointed.

4.16. Removal of Members and Appointment to Fill Vacancies.

4.16.1 Removal. A Commissioner may be removed by the Tribal Council for
serious inefficiency, neglect of duty, malfeasance, misfeasance,
nonfeasance, misconduct in office, or for any conduct that threatens the
honesty or integrity of the Tribal Gaming Commission or otherwise
violates the letter or intent of this Code. A Commissioner shall be
removed if he or she is denied a Class III tribal gaming employee license
or if such license is suspended or revoked pursuant to the provisions of
Title III or Title IV. Except as provided below, no Commissioner may be

Gaming Code of the Quechan Tribe Title [

cted September 15, 1994; Amended September 18, 2002: Amended March 27, 2003. Amended June 26, 2006

November 28, 2007 Page 20
Quechan Resolution Nos. R-42-94; R-209-02 and R-39-03: R-97-06

Quechan Resolution No, R-273407



5.4.4

5.4.5

5.4.6

5.4.7

authorized by this Code.

The construction and maintenance of the gaming facility and the operation of
the proposed gaming activity shall be conducted in a manner which the Tribal
Gaming Commission finds will adequately protect the environment and the
public health and safety.

The gaming facility meets the standards contained in the Uniform Laws
Annotated Codes covering the following:

The Uniform Building Code (1988 edition);

The Uniform Mechanical Code (1988 edition);
The Uniform Plumbing Code (1988 edition); and
The Uniform Fire Code (1988 edition).

The food and beverage handling at the gaming facility will meet or exceed
the standards established in the United States Public Health Service
requirement,

The gaming facility has made or will make provisions for adequate
emergency accessibility and service.

5.5 Grounds for Denial for Class Il Gaming Facility License.

5.5.1

A Class Il gaming facility license shall be denied if the Tribal Gaming
Commission finds that:

5.5.1.1 Any of the criteria contained in section 5.4 above have not been met;
or

5.5.1.2 Any aspect of the gaming facility, the gaming activity proposed to be
conducted within the gaming facility, or any person connected with
the gaming facility poses a threat to the public interest or to the
effective regulation of gaming, or creates or enhances the dangers of
unsuitable, unfair, or illegal practices and methods and activities in
the conduct of gaming.

5.6 Fee for Class If Gaming Facility License Application. An application for a Class
II gaming facility licenses shall pay to the Tribal Gaming Commission a fee, set by
the Tribal Gaming Commission, sufficient to compensate the Tribal Gaming
Commission for the cost of review of the license application.

Gaming Code of the Quechan Tribe Title II

Unacted September 15, 1994

Quechan Resolution Nos, R-42-94 Page 49


that relative’s name and the nature of the relationship.

6.2.2.16 Written permission giving the Tribal Gaming Commission or its

designee the right to investigate the applicant’s background, including
his criminal record, civil and criminal judgments, and credit history.

6.2.2.17 A complete disclosure of any pending or anticipated civil or criminal

action against the applicant, including the name and address of the
police department and court involved.

6.2.2.18 A complete disclosure of any civil or criminal judgments rendered

against the applicant, including the case number, a description of the
judgment, and the name and address of the court involved.

6.2.2.19 Any other information which might bring into question the

6.2.6

applicant’s fitness to serve as an employee of a gaming operation.

Each application shall be accompanied by a sworn statement that if
the license is issued, the applicant will submit to the jurisdiction of
the Tribe and the Tribal Court.

Each application shall be accompanied by a photograph of the
applicant taken within the last year.

Each application shall be accompanied by a sworn statement that the
applicant will abide by this Code and all other applicable laws.

Each application shall be accompanied by a written statement that the
applicant has read, understands and approves of the following Privacy
Act notice:

In compliance with the Privacy Act of 1974, the following information is
provided: Solicitation of the information on this form is authorized by 25
U.S.C. §§ 2701 et seq. The purpose of the requested information is to
determine the eligibility of individuals to be employed in gaming activities.
The information will be used by National Indian Gaming Commission
members and staff who have need for the information in the performance of
their official duties. The information may be disclosed to appropriate federal,
tribal, state, local, or foreign law enforcement and regulatory agencies when
relevant to civil, criminal, or regulatory investigations or prosecutions or
pursuant to a requirement by a tribe or the National Indian Gaming
Commission in connection with the hiring or firing of an employee, the

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994

Quechan Resolution Nos. R-42-94 Page $3


law enforcement official with jurisdiction over the gaming activity or any agent of the
Tribe, the Tribal Gaming Commission, the National Indian Gaming Commission, or
the State gaming agency.

6.12 Grounds for Denial, Suspension, or Revocation of Class III Tribal Gaming
Employee License. The Tribal Gaming Commission may deny, suspend, or revoke a
Class III tribal gaming employee license, after notice and an opportunity for a
hearing, for any of the following reasons:

6.12.1

6.12.2

6.12.3

6.12.4

6.12.5

6.12.6

6.12.7

6.12.8

6.12.9

The employee has withheld pertinent information on his application;
The employee has made false statements on the application;

The employee has participated in gaming activity that was not
authorized by any tribal gaming license;

The employee has attempted to bribe a Tribal Council member, Tribal
Gaming Commissioner, or other person in an attempt to avoid or
circumvent this Code or any other applicable law;

The employee has offered something of value or accepted a loan,
financing, or other thing of value from a Tribal Gaming Commission
member, a subordinate employee, or any person participating in any
gaming activity;

The employee has knowingly promoted, played, or participated in any
gaming activity operated in violation of this Code or any other
applicable law;

The employee has been knowingly involved in the falsification of
books or records that relate to a transaction connected with the
operation of gaming activity;

The employee has violated any provision of this Code or the rules and
regulations of the Tribal Gaming Commission;

The employee has been convicted of, or has entered a plea of no
contest to any crime involving gaming, fraud, theft, embezzlement, or
other activity, which if perpetrated at his place of employment, would
injure or pose a threat to the public interest, or the integrity of the
gaming activity, or the effective regulation of gaming, or enhance the
dangers of unfair, unsuitable, or illegal gaming practices;

Gaming Code of the Quechan Tribe

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94

Title HI

Page 82


part of or in connection with tribal ceremonies or celebrations.
3.3.2 “Class IT gaming” means:

3.3.2.1 The game of chance commonly known as bingo or lotto (whether or
not electronic, computer, or other technologie aids are used in
connection therewith), that is played for prizes, including monetary
prizes, with cards bearing numbers or other designations, in which the
holder of the card covers such numbers or designations when objects,
similarly numbered or designated, are drawn or electronically
determined, and in which the game is won by the first person
covering a previously designated pattern or arrangement of numbers
or designations on such cards, including (if played at the same
location) pull-tabs, punch boards, tip jars, instant bingo, and other
games similar to bingo; and

3.3.2.2 Nonbanking card games explicitly authorized or not explicitly
prohibited by the laws of the state in which they are conducted and
which are played legally anywhere in such state, if played in
conformity with such state laws and regulations concerning hours,
periods of operation and limitations on wagers and pot sizes.

3.3.3 “Class II] gaming” means all forms of gaming that are not Class 1 or Class Il
gaming, subject to any requirements or limitations imposed by any tribal-state

compact entered into by the Tribe.

3.4 Construction. In construing the provisions of this Code, unless the context
otherwise requires, the following rules shal] apply:

3.4.1. This code shall be liberally construed to effect its purpose and to promote
substantial justice.

3.4.2 Words in the present tense include the future and past tenses.

3.4.3. Words in the singular number include the plural, and words in the plural
number include the singular.

3.4.4 Words of the masculine gender or neuter include masculine and feminine
genders and the neuter.

Gaming Code of the Quechan Tribe Title |

Inacted September 15, 1994: Amended September | 8, 2002: Amended March 27, 2003: Amended June 26, 2006

Amended November 28, 2007 Page 15
Quechan Resolution Nos. R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-07


Section 7. Class II Gaming Vendor License.

7A Current and Valid Class If Gaming Vendor License Required. No person may
provide Class II gaming services, gaming apparatus, or gaming equipment to any
Class II gaming facility or gaming operation unless such person holds a current and
valid Class II gaming vendor license.

7.2 Application Procedure for Class II Gaming Vendor License.

7.2.1 Each applicant for a Class If gaming vendor license shall submit a completed
application to the Tribal Gaming Commission on forms provided by the
Tribal Gaming Commission. The gaming application shall contain such
information, documentation and assurances as may be required by the Tribal
Gaming Commission and shall identify all of the applicant’s principals and
the applicant’s and each such principal’s personal and family history,
personal and business references, criminal conviction record, business
activities, financial affairs, prior gaming industry experience and general
education background. Each application shall accompanied by a fingerprint
card(s) and p hotograph(s) o f the applicant and of each principal of the
applicant in such form as required by the Tribal Gaming Commission. Upon
receipt of a completed application, the Tribal Gaming Commission shall
forward a copy thereof to the National Indian Gaming Regulatory
Commission for a Federal Bureau of Investigation criminal information check
through the Federal Bureau of Investigation National Criminal Information
Center.

7.2.2. Notwithstanding section 7.2.1, the Tribal Gaming Commission shall
automatically grant a Class I] gaming vendor license if the applicant has a
current valid license to provide the same type of gaming services equipment
from the gaming regulatory agency of the State of New Jersey, the State of
Nevada, or the gaming regulatory agency of the state in which the gaming
service, apparatus or equipment is provided and provides its consent to
disclose to the Tribe of all information regarding the applicant held by the
appropriate state gaming regulatory agency, and the Tribal Gaming
Commission is able to secure disclosure of such information and can thereby
determine that the applicant meets the qualifications set forth in this Code.

7.2.3 Any license granted under section 7.2.2 may be revoked or suspended by the
Tribal Gaming Commission in the same manner and for the same reasons as

provided in Section 8 of this Title.

73 Fee for Class 11 Gaming Vendor License. An applicant for a Class II gaming

Gaming Code of the Quechan Tribe Title 11

Inacted September 15, 1994
Quechan Resolution Nos, R-42-94 Page 57


2.5

2.6

2.7

2.8

2.9

2.10

2.12

2.13

2.14

2.15

the state Gambling Control Commission.

“Bingo” means the game of chance commonly known as bingo (whether or not
electronic, computer, or other technologic aids are used in connection therewith)
which is played for prizes, including monetary prizes, with cards bearing numbers or
other designations, in which the holder of each card covers such numbers or
designations when objects similarly numbered or designated are drawn or
electronically determined, and in which the game is won by the first person covering
a previously designated arrangement of numbers or designations on such cards,
including (if played in the same location) pull-tabs, lotto, punch boards, tip-jars,
instant bingo, and other games similar to bingo.

“California Compact” means the tribal-state compact between the Quechan Indian
Tribe and the State of California.

“Cheating” means operating or playing in any game in a manner in violation of the
written or commonly understood rules of the game, with the intent to create for
oneself or someone in privity with one an advantage over and above the chance of the
game.

“Code” means this Code, the Quechan Gaming Code, as now or hereafter amended.

“Compacts” mean the Arizona Compact and the California Compact.

“Compensation” means all wages, salaries, bonuses, and all other forms of
remuneration for services rendered.

“Council” or “Tribal Council” means the governing body of the Quechan Indian
Tribe.

“Days” means, unless otherwise indicated, calendar days.

“Distributor” means a person who distributes gaming devices and/or component
parts thereof.

“Enrolled tribal member” means a person who is enrolled in the Quechan Indian
Tribe and whose name appears on the tribal membership roll.

“Gaming” or “gaming activity” means all forms of Class II and Class II] gaming
conducted on Indian lands of the Tribe and any activity in furtherance thereof.

Gaming Code of the Quechan Tribe Title |

Enacted September 15, 1994; Amended September 18. 2002; Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 2007

Page 4

Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06
Quechan Resolution No. R-273-407


5.4.3

5.4.4

5.4.5

5.4.6

5.4.7

5.4.8

5.4.9

5.4.10

The gaming activity proposed to be conducted within the gaming facility is
authorized by this Code and the Arizona Compact.

The number of authorized games is authorized by this Code and the Arizona
Compact.

The construction and maintenance of the gaming facility and the operation of
the proposed gaming activity shall be conducted in a manner which the Tribal
Gaming Commission finds will adequately protect the environment and the
public health and safety.

The gaming facility meets the standards contained in the Uniform Laws
Annotated Codes covering the following:

The Uniform Building Code (1988 or revised edition);

The Uniform Mechanical Code (1988 or revised edition);
The Uniform Plumbing Code (1988 or revised edition); and
The Uniform Fire Code (1988 or revised edition).

The gaming facility operator will maintain the following logs as written or
computerized records and agrees to make those documents available for
inspection by the State gaming agency in accordance with the requirements of
the Arizona Compact:

5.4.7.1 A surveillance log recording all material surveillance activities in the
monitoring room of the gaming facility; and

5.4.7.2 A security log recoding all unusual occurrences at the gaming facility
investigated by the Tribal Gaming Commission.

5.4.7.3 All videotape surveillance recordings of the gaming facility will be
retained by the gaming facility operator for at least seven days
from the date of original recording.

The food and beverage handling at the gaming facility will meet or exceed
the standards established in the United States Public Health Service
Requirements.

The gaming facility has made or will make provisions for adequate
emergency accessibility and service.
The Tribal Gaming Commission shall grant no Class III gaming facility

Gaming Code of the Quechan Tribe Title HL

Enacted September 15, 1994

Quechan Resolution Nos. R-42-94 Page 74


4.27

Section 5.

5.1

5.2

informed as to the status of the Commission’s activities.

Additional Rights, Duties and Responsibilities of the Tribal Gaming
Commission Regarding Class II] Gaming. In addition to the other rights, duties
and responsibilities delegated to it under this Code and applicable tribal law, the
Tribal Gaming Commission shall be responsible for the activities relating
specifically to Class III gaming as specified in Title III, Section 10, and Title IV,
Section 10 of this Code.

Provisions of General Applicability to All Tribal Gaming Activities.

Tribal Gaming License Required.

5.1.1

$.1.3

Each Class II or Class III gaming activity within the jurisdiction of the
Tribe shall be conducted only pursuant to current and valid tribal gaming
licenses.

No tribal gaming license shall be sold, lent, assigned or otherwise
transferred.

Each employee, including primary management officials and key
employees, of a gaming operations or gaming facility operator and
employees of the Tribal Gaming Commission shall possess a current and
valid tribal gaming employee license.

A tribal gaming license shall be issued only to a person who qualifies
therefor under this Code or to the Tribe.

Bank Accounts and Record Keeping.

5.2.1

5.2.2

Bank Account for Tribally Owned Gaming Operation. The Tribe shall
open a separate bank account for each tribally owned gaming operation
and gaming facility operator, and all receipts of each gaming activity shall
be deposited in that account.

All accounting records of each gaming operation or gaming facility
operator shall be kept on a double entry system of accounting, maintaining
detailed, supporting, subsidiary records. The licensee and the Tribe shall
maintain the following records for not less than ten years:

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003; Amended June 26, 2006
Amended November 28, 2007
Quechan Resolution Nos. R-42-94; R-209-02 and R-39-03; R-97-6
Quechan Resolution No, R-273-07

Paye 29


Internal Revenue Code and regulations, including written notice of customer
winnings, and a statement that the gaming facility operator shall continue to
obey ail tribal and federal laws and shall hold the Tribal Gaming Commission
and the Tribe harmless for failure to do so;

4.13.11 A description of each gaming facility at which each gaming activity has been
conducted and any new location which is expected to be established during
the next license period;

4.13.12 The number of full-time equivalent persons, on an annualized basis,
employed by the gaming facility operator during the past 12 months, together
with a projection of the number of full-time equivalent persons who are
expected to be employed during the next license period;

4.13.13 The total gross proceeds of the gaming facility operator attributable directly
or indirectly to gaming activity during the preceding 12 months;

4.13.14 A sworn statement that the gaming facility operator will continue to comply
with all applicable tribal and federal laws;

4.13.15 A sworn statement that the general manager and gaming facility operator will
continue to consent to tribal jurisdiction and service of process in all matters
arising from the conduct of gaming activities;

4.13.16 The names, addresses, and signatures of the agents who will accept service
of process on behalf of the gaming facility operator and the general manager.
These individuals must reside on the Reservation; and

4.13.17 If the general manager is a corporation, a copy of any amendment to its
articles of incorporation, properly certified by the incorporating government,
unless a current copy has already been filed with the Tribal Gaming
Commission.

4.14 Notification of Change of Principals. After a gaming facility operator is licensed
by the Tribal Gaming Commission and certified by the State Gaming Agency, it shal]
file a report of each change of its principals with the Tribal Gaming Commission and
the State gaming agency. Each new principal shall file a complete application for a
primary management official or key employee’s license within 30 days after
appointment or election. He or she may not commence work until that license is
approved. The Tribal Gaming Commission shall forward a copy of the application to
the State gaming agency. The gaming facility operator’s license shall remain valid
unless the Tribal Gaming Commission or the State gaming agency disapproves the

Gaming Code of the Quechan Tribe Title 11

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 72


Section 4. Class II] Gaming Facility Operator License.

4.1. Current and Valid Class III Gaming Facility Operator License Required.
No Gaming facility operator may operate on Quechan Indian lands in the State of
Arizona unless such person possesses a current and valid Class I] gamin facility
operator license. A separate license is required for each gaming facility authorized to
be operated by a gaming facility operator.

4.2 Prerequisite to Issuance of Any Class III Gaming Facility Operator License.
The Tribal Gaming Commission may not issue any Class II] gaming facility operator
license until the Tribal Council has established procedures for the disposition of tort
claims arising from alleged injuries to patrons of its gaming facilities.

4.3 Application Procedure for a Class I{I Gaming Facility Operator License.
The applicant shall file with the Tribal Gaming Commission an application that shall
contain the name of the gaming facility operator, the operator’s address, and all other
pertinent information required by this Code and Tribal Gaming Commission
regulations.

4.4 Procedure for Review of Class III Gaming Facility Operator License
Application. Before issuing a license to a Class II] gaming facility operator the
Tribal Gaming Commission shall:

4.4.1 Review the proposed gaming activity to ensure that all criteria required by
this Code have been or will be met.

4.4.2 Perform the necessary background checks on management contractors,
primary management officials and key employees as required by this Code.

4.4.3, Review and approve the accounting procedures to be used in the gaming
operation.

4.4.4 Take any additional steps necessary to ensure the integrity of the gaming
activity.

4.4.5 Review all aspects of the gaming operation to ensure that it will be in
compliance with the provisions of the Arizona Compact.

4.5 Criteria for Issuance of a Class I1J Gaming Facility Operator License.
The Tribal Gaming Commission may issue a Class III gaming facility operator
license to an applicant only if all of the following criteria are met:
4.5.1 The proposed gaming activity is to be located on land in the State of Arizona

Gaming Code of the Quechan Tribe Title 11

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 65


4.18.3 To act as tribal liaison with the NIGC and the State gaming agency.

4.18.4 To enact and enforce such rules and regulations regarding its activities and
governing its internal affairs as the Tribal Gaming Commission may deem
necessary and proper to effectuate the powers granted by this Code and the
powers granted and duties imposed by applicable law.

4.18.5 To publish and distribute copies of this Code and Tribal Gaming
Commission rules and any Tribal Council, Tribal Gaming Commission, or
Tribal Court decisions regarding gaming matters.

4.18.6 To prepare and submit for Council approval proposals, including budget
and monetary proposals, which could enable the Tribe to better carry forth
the policies and intent of this Code.

4.18.7 To work with the staff of any tribal department, program, project, or
operation and to cooperate with the Tribal Council or any Council
committee in regard to gaming issues.

4.18.8 To make or cause to be made by its agents or employees an examination or
investigation of the place of business, equipment, facilities, tangible
personal property, and the books, records, papers, vouchers, accounts,
documents, and financial statements of any gaming operation, gaming
facility operator, or gaming activity operating, or suspected of operating,
within the jurisdiction of the Tribe. In undertaking such examination or
investigation, the Tribal Gaming Commission may request the assistance
of tribal gaming employees, federal and local law officials, legal counsel,
and other third parties.

4.18.9 To maintain and keep current a record of new developments in the area of
Indian gaming.

4.18.10 To request the assistance of the Tribal Court in conducting gaming
hearings, defining terms used in this Code or other tribal laws, or in any
other matter in which the Tribal Gaming Commission deems such
assistance to be necessary or proper.

4.18.11 To consider any gaming matter brought before it by any person or the
Tribe and all matters referred to it by the Tribal Council.

Gaming Code of the Quechan Tribe Title J

Enacted September 15, 1994: Amended September 18, 2002: Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 2007 Page 22
Quechan Resolution Nos. R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-07


7.1.1.6 To make such contributions to the Special Distribution Fund and
Revenue Sharing Trust Fund as may be required under the
California Compact; or

7.1.1.7 To make such contributions as may be required under Section 12
of the Arizona Compact.

7.2 Maintenance of Records. The Tribal Gaming Commission shall insure that all
accounting records of each gaming operation and gaming facility operator are kept
on a double entry system of accounting, maintaining detailed, supporting,
subsidiary records. The Tribal Gaming Commission shall also insure that gaming
operations, gaming facility operators, and the Tribal Gaming Commission
maintain the following records for not less than three years;

7.2.1 Revenues, expenses, assets, liabilities and equity for each gaming facility
at which Class II and Class III gaming is conducted;

7.2.2 Daily cash transactions for each Class I] and Class II] game at each gaming
facility at which gaming is conducted, including but not limited to
transactions relating to each gaming table bank, game drop box, and
gaming room bank;

7.2.3, All markers, [OUs, returned checks, hold checks or other similar credit
instruments;

7.2.4 Individual and statistical game records (except card games) to reflect
statistical drop and statistical win; for electronic, computer, or other
technologically assisted games, analytic reports which show the total
amount of cash wagered and the total amount of prized won;

7.2.5 Contracts, correspondence and other transaction documents relating to all
vendors and contractors;

7.2.6 Records of all tribal gaming enforcement activities;

7.2.7 All gaming-related audits prepared by or on behalf of the Tribe or one of
its subdivisions;

7.2.8 Personnel information on all Class II and Class III tribal gaming
employees or agents including rotation sheets, hours worked, employee

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994; Amended September 18. 2002; Amended March 27, 2003: Amended June 26, 2006

Amended November 28, 2007

Page 39

Quechan Resolution Nos. R-42-94; R-209-02 and R-39-03: R-97-06
Quechan Resolution No, R-273-07


licensee who has applied for renewal prior to expiration may continue to provide
services under the expired license until final action is taken on the renewal
application by the Tribal Gaming Commission. Previously licensed applicants or
applicants for renewal shall provide currently updated application material, but will
not be required to resubmit historical data already available to the Tribal Gaming
Commission. No additional background investigation of an applicant for license
renewal shall be required unless new information concerning the renewal applicant’s
continuing suitability or eligibility for a license has been presented to the Tribal
Gaming Commission.

Gaming Code of the Quechan Tribe Title If

Enacted September 15, 1994
Quechan Resolution Nos, R-42-94 Page 59


4.18.31 To exercise all authority delegated to it or conferred upon it by applicable
law and to take all action that shall be reasonably necessary and proper for
carrying into execution the foregoing powers and all of the powers vested
in this Code as permitted by the purposes and powers herein stated all in
compliance with applicable law.

4.18.32 To establish and maintain such bank accounts as may be necessary or
convenient.

4.18.33 To require by regulation the filing of any records, forms, and reports and
all other information desired by the Tribal Council for implementation of
this Code relating to any gaming operation or gaming facility operator, or
any investigation as required by tribal law and the IGRA.

4.18.34 To provide for an internal system of record keeping with adequate
safeguards for preserving confidentiality as deemed necessary by the
Tribal Gaming Commission. All applications, background investigations
and Tribal Gaming Commission decisions shall be retained in Tribal
Gaming Commission files for a period of at least ten years.

4.18.35 To adopt a schedule of fees to be charged for gaming licenses issued
pursuant to this Code and related activities.

4.18.36 To adopt a schedule of fees and charges for services rendered relating to
transcripts and the furnishing or certifying of copies of proceedings, files,
and records.

4.18.37 To conduct or arrange for background investigations of all persons who
propose to participate in any gaming activity.

4.18.38 To compel obedience of its lawful orders by proceedings of mandamus or
injunction or other proper proceedings in the name of the Tribe in Tribal
Court or in any other court having jurisdiction of the parties and of the
subject matter; provided that no suit shall be brought by the Tribal Gaming
Commission without the prior explicit written approval of the Tribal
Council after consultation with the Tribal attorneys.

4.18.39 To discipline any licensee or other person participating in any gaming
activity by ordering immediate compliance with this Code or Tribal

Gaming Code of the Quechan Tribe Title I

Fnacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003. Amended June 26, 2006

Amended November 28, 2007 Page 25
Quechan Resolution Nos, R-42-94; R-209-02 and R-39-013; R-97-06,

Quechan Resolution No. R-273-407


10.1

10.2

10.3

10.4

10.5

10.6

10.7

Commission Regarding Class III Gaming in Arizona. In addition to the other
rights, duties and responsibilities delegated to it under this Code and applicable tribal
law, the Tribal Gaming Commission shall be responsible for the following activities
that relate specifically to Class III gaming in the State of Arizona. The Commission
shall:

Notice to State. Notify the State gaming agency of its intent to adopt or alter its
regulations and shall provide a copy of any such change to the State gaming agency.

Hours and Days of Operation. Establish the maximum permissible hours and days
of operation of each game of chance and each gaming agency.

Persons Excluded. Establish a list of persons barred from all tribally licensed
gaming facilities because their criminal history or association with career offenders or
career offender organizations poses a threat to the integrity of the gaming activities of
the Tribe. The Tribal Gaming Commission shall enjoy employ its best effort to
exclude persons on such list from entry into its licensed gaming facilities. The Tribal
Gaming Commission shall send a copy of its list on a monthly basis to the State
gaming agency and to all licensed gaming facilities.

List of Service Providers. Provide on a periodic basis to the State gaming agency a
list of the names and addresses of all vendors licensed to provide gaming services
and goods.

Ensure Proper Surveillance. Ensure that where required by the Arizona Compact,
all Class II] gaming facility operators establish, consistent with the provisions of
Appendix C of the Arizona Compact, a closed-circuit television surveillance system
capable of recording and preserving on videotape all areas of the gaming facilities.

Investigations. Have the responsibility and authority to: investigate alleged
violations of the Arizona Compact, the Tribe’s gaming ordinance, and other
applicable laws and to take appropriate disciplinary action against any gaming facility
operator, management contractor, or gaming employee for a violation; to institute
appropriate legal action or enforcement; and to confiscate or shut down any gaming
device or other gaming equipment or the use of gaming supplies failing to conform to
any required standards.

Tribal Gaming Commission Right of Inspection.
10.7.1 The Tribal Gaming Commission shall have the right to inspect any gaming

facility at any time and shall have immediate access to any and all areas of a
gaming facility for the purpose of ensuring compliance with the provisions of

Gaming Code of the Quechan Tribe Title HI

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 92


—$ << ————— rr

4.11 | Removal of Class 11 Gaming Operation License. Each gaming operation license
must be renewed annually. No renewal fee shall be required. In order to obtain a
renewal ofa license, the gaming operation shall submit a written renewal application
to the Tribal Gaming Commission on the form provided by the Tribal Gaming
Commission. No renewal application shall be approved until the annual report
required by section 4.12 has been properly filed. All renewal applications submitted
by a gaming operation shall be approved within a reasonable time unless the
Commission determines, based on reasonable grounds, that the gaming operation has
been or will be operated in violation of tribal, federal, or other applicable law or the
terms of the tribal-state gaming compact.

4.12 Annual Reports. Each gaming operation that possess a gaming license must file an
annual report with the Tribal Gaming Commission and the Tribal Council between
the 15'" day and the last day of the 12" month of the duration of each such license.
The report shall be submitted to the Tribal Gaming Commission on the annual report
form provided by the Tribal Gaming Commission and shall include the following
information:

4.12.1 The name, address, and telephone number of the gaming operation;

4.12.2 The names, addresses, and titles of the gaming operation’s current general
manager and all sub-managers;

4.12.3 A description of each gaming activity that the gaming operation operates and
the total gross proceeds of each;

4.12.4 A written copy of any changes the gaming operation proposes to initiate in its
gaming rules;

4.12.5 A statement of the specific dates and times during which the gaming activity
will be operated during the next license period;

4.12.6 The name and address of the persons who will be primary management
officials during the next license period;

4.12.7 A statement of any changes in the primary management officials or key
employees who will conduct the gaming activity over the next license period;

4.12.8 The names and addresses of any employees who the Tribal Gaming
Commission may determine to be key employees during review of the
application;

Gaming Code of the Quechan Tribe Title II

Enacted September 15, 1994
Quechan Resolution Nos, R-42-94 Page 46


for denial, suspension or revocation of a Class EI management contractor license.

Section 8. Class II] Gaming Vendor License.

8.1 Current and Valid Class II] Gaming Vendor License Required. No person may
provide Class III gaming services, gaming apparatus or gaming equipment to any
Class III gaming facility or gaming facility operator on Quechan Indian lands located
in the State of Arizona unless such person holds a current and valid Class III gaming
vendor license issued by the Tribal Gaming Commission and certification by the
State gaming agency.

8.2 Application Procedure for Class II Gaming Vendor License.

8.2.1

8.2.2

Each applicant for a Class III gaming vendor license shall submit a completed
application to the Tribal Gaming Commission on forms provided by the
Tribal Gaming Commission. The application shall contain such information,
documentation and assurances as may be required by the Tribal Gaming
Commission and shall identify all of the applicant’s principals and the
applicant’s and each principal’s personal and family history, personal and
business references, criminal conviction record, business activities, financial
affairs, prior gaming industry experience and general education background.
Each application shall be accompanied by a fingerprint card(s) and
photograph(s) of the applicant and of each principal of the applicant in such
form as required by the Tribal Gaming Commission and the State gaming
agency. Upon receipt of a completed application, the Tribal Gaming
Commission shall forward a copy thereof to the State gaming agency, which
will perform a background check.

Notwithstanding the provisions of section 8.2.1, an applicant may
automatically be granted a C lass III gaming vendor license if the State
gaming agency agrees to certify the person and:

8.2.2.1 The person has a current, valid license to provide the same _ type of
gaming services, apparatus or equipment from the State of Arizona;
or

8.2.2.2 The person has a current, valid license to provide the same type of
gaming services equipment from the gaming regulatory agency of the
State of New Jersey or the State of Nevada and provides its consent
to the disclosure to the Tribe of ali information regarding the
applicant held by the appropriate State gaming regulatory agency and
the Tribal Gaming Commission is able to secure disclosure of such

Gaming Code of the Quechan Tribe Title HI

Enacted September 15, 1994,

Quechan Resolution Nos. R-42-94 Page 87


Section 3. Tribal License Required to Operate Authorized Class III Gaming Activity.
No Class II] gaming or gaming activity shall be operated within the jurisdiction of the
Tribe within the State of Arizona unless such gaming or gaming activity is licensed
by the Tribe. Separate Class III tribal gaming licenses are required for each (1)
gaming facility operator, (2) gaming facility, (3) tribal gaming employee, (4)
management contractor, and (5) gaming services vendor.

Gaming Code of the Quechan Tribe Title HI

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 64


information and can thereby determine that the applicant meets the
qualifications set forth in this Code.

8.2.2.3 Any license granted under section 8.2.2 may be revoked or suspended
by the Tribal Gaming Commission in the same manner and for the
same reasons as provided in section 9 of this Title.

8.3 Procedure for Review of Class III Gaming Vendor License Application. Upon
receipt of an application for a Class III] gaming vendor license, the Tribal Gaming
Commission shall conduct a background investigation of the applicant and each of its
principals and shall verify the information c ontained in t he application. S uch
investigation shall include a criminal records check on the applicant and on each of
the applicant’s principals. The finding of each phase of the investigation shall be
recorded in writing and maintained by the Tribal Gaming Commission for a period of
ten years. The Tribal Gaming Commission shall conduct such other investigation of
applicant and its principals as it deems appropriate.

8.4 Action by Tribal Gaming Commission; Grounds for Denial of Class I1] Gaming
Vendor License. Except as provided in sections 8.2.2.1 and 8.2.2.2, the Tribal
Gaming Commission shall, as soon as practicable after completion of the background
investigation under section 8.3, review the results as well as the findings of the State
gaming agency and either grant or deny the license. The Tribal Gaming Commission
may deny license to any applicant upon a determination that the applicant, or any
principal of the applicant:

8.4.1 Is aperson that employs one or more persons whose prior activities, criminal
record, if any, or reputation, habits and associations pose a threat to the
effective regulation of gaming or create or enhance the chance of unfair or
illegal practices, methods, and activities in the conduct of the gaming
activities permitted hereunder; or

8.4.2. Has failed to provide information reasonably required to investigate the
applicant’s suitability for a license or has failed to reveal any fact material to
such application or has furnished any information which is untrue or
misleading in connection with such application.

8.5 Fee for Class 111 Gaming Vendor License. An applicant for a Class II gaming
vendor license shall pay to the Tribal Gaming Commission a fee, set by the Tribal
Gaming Commission, sufficient to compensate the Tribal Gaming Commission for
the cost of review of the license application.

8.6 Form of Class IIf Gaming Vendor License. Every Class II] gaming vendor license

Gaming Code of the Quechan Tribe Title 11

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 88


5.8.2

5.8.3

5.8.4

5.8.6

provided to such player in such form as will be acceptable to the Internal
Revenue Service.

Each gaming operation and gaming facility operator shall pay all fees and
file all reports required by law within the time prescribed.

Each gaming operation and gaming facility operator, its primary
management officials, and employees shall respond immediately to and
obey all inquiries, subpoenas, or orders of the Tribal Gaming Commission,
the Tribal Council, the Tribal Court, or the NIGC.

Each gaming operation and gaming facility operator shall be subject to
patrol by the tribal police force for the purpose of enforcing tribal law, and
each gaming operation and gaming facility operator and its primary
management officials, and employees shall cooperate at all times with the
tribal police force or any other law enforcement entity with jurisdiction on
the Reservation.

Each gaming operation and gaming facility operator shall make its
premises and books and records available for inspection during normal
business hours by the Tribal Gaming Commission, the NIGC and
members of the Tribal Council or their designee.

Each gaming operation and gaming facility operator, its primary
management officials, and employees shall comply with all applicable
tribal and federal revenue reporting laws.

5.9 Miscellaneous.

5.9.1 There shall be no sale of liquor at any gaming facility without the prior
approval of the Tribal Council.

5.9.2. Each gaming operation and gaming facility operator shall at all times
maintain an orderly, clean, and neat gaming facility, inside and out.

5.9.3 Each gaming operation and gaming facility operator shall provide
adequate security to protect the public before, during, and after any gaming
activity.

5.9.4 No gaming operation or gaming facility operator may discriminate on the

Gaming Code of the Quechan Tribe Title T

Enacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003: Amended June 26, 2006

Amended November 28, 2007

Page 33

Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06
Quechan Resolution No. R-273-07


2.29

2.30

2.31

“Interactive terminal” or “video lottery terminal” means an on-line computer or
data-processing terminal capable of providing a source of both input and a video
display output for the computer system to which it is connected, in which a player is
playing against the algorithm of the terminal so that the player is playing directly
against the terminal for immediate payment and is immediately rewarded or
penalized based on the outcome, and which dispenses a paper receipt that can be
redeemed by the player for the player’s winnings.

“Keno” means a house banking game in which a player selects from one to twenty
numbers on a card that contains the numbers one through eighty; the house randomly
draws twenty numbers; players win if the numbers they select correspond to the
numbers drawn by the house, and the house pays all winners, if any, and collects
from all losers.

“Key employee” means:

2.31.1 Class Hl Gaming. For purposes of Titles III and IV and Class III gaming
only, any person who performs one or more of the following functions:

2.31.11 Bingo caller;

2.31.1.2 Counting room supervisor;

2.31.1.3 Chief of security;

2.31.1.4 Custodian of gaming supplies or cash;
2.31.1.5 Floor manager;

2.31.1.6 Pit boss;

2.31.1.7 Dealer;

2.31.1.8 Croupier;

2.31.1.9 Approver of credit;

2.31.1.10 Custodian of gambling devices, including persons with access

to cash and accounting records within such devices; or

Gaming Code of

Enacted September 15.
Amended November
Quechan Resolution »
Quechan Resolution N

the Quechan Tribe Title I

1994; Amended September 18, 2002; Amended March 27, 2003: Amended June 26, 2006
2007

R-42-94; R-209-02 and R-39-03; R-97-06

lo. R-273.07

Page 9


Section 5 Class If Gaming Facility License.

5.1 Current and Valid Class II Gaming Facility License Required. No Class II
gaming may be operated in any gaming facility unless the gaming facility possess
current and valid Class HI gaming facility license.

sa

5.2 Application Procedure for Class If Gaming Facility License. For each gaming
facility in which it conducts Class II gaming activity, a gaming operation shall file
with the Tribal Gaming Commission an application for a Class I! gaming facility
license. The application shall contain the name of the gaming operation, the name of
the proposed gaming facility, its location, the kind of Class II games to be played
within the proposed gaming facility, and the number of each kind of Class II games,
and all other pertinent information required by this Code and Tribal Gaming
Commission regulations.

5.3 Procedures for Review of Class If Gaming Facility License Application. Before
issuing a license to a Class II gaming facility the Tribal Gaming Commission shall:

5.3.1 Review the scope of the proposed gaming activity to ensure that all criteria
required by this Code are met;

5.3.2 Review the application to ensure that all of the criteria set forth in section 5.4
below will be met; and

5.3.3. Take any additional steps necessary to ensure the integrity of such gaming
activity.

5.4 Criteria for Issuance of a Class I] Gaming Facility License. The Tribal Gaming
Commission may issue a license to a Class II gaming facility only if all of the
following criteria are met:

5.4.1 The gaming facility is to be located on land that was held in trust for the
Tribe prior to October 17, 1988; or on trust lands that were located within or
contiguous to the boundaries of the Reservation on October 17, 1988; or on
lands taken into trust after October 17, 1988 pursuant to the process detailed
in 25 U.S.C. § 2719.

5.4.2 The type of gaming activity proposed to be conducted within the gaming
facility is to be played as Class II gaming as defined by this Code and the
IGRA.

5.4.3 The gaming activity proposed to be conducted within the gaming facility is

Gaming Code of the Quechan Tribe Title II

{Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 48


2.24

2.26

2.27

2.28

resources to the gaming operation or gaming facility, provided that the Tribal Gaming
Commission may exclude a purveyor of equipment or furniture that is not
specifically designed for, and is distributed generally for use other than in connection
with gaming activities, if the purveyor is not otherwise a gaming resource supplier as
described in Section 8.1 of Title IV, the compensation received by the purveyor is not
grossly disproportionate to the value of goods or services provided, and the purveyor
is not otherwise a person who exercises a significant influence over the gaming
operation or gaming activities.

“Gaming services” means the providing of any goods or services, except for legal
services, to the Tribe in connection with the operation of gaming activities in a
gaming facility, including but not limited to equipment, transportation, food, linens,
janitorial supplies, maintenance, or security services for the gaming facility, in an
amount in excess of $10,000 in any single month.

“Gaming ticket” means any game piece used in the play of a paper pull tab game or
ticket game, or raffle.

“Immediate family” is defined as husband, wife, mother, father, daughter, son,
brother or sister. Immediate supervision is defined as the first level over an employee
(According to the Quechan Personnel Policies and Procedures as approved June 17,
1988).

“Indian Gaming Regulatory Act” or “IGRA” means Public Law 100-497, 25
U.S.C. | 2701-2721 and 18 U.S.C. '' 1166-1168, as amended, and all regulations
promulgated thereunder.

“Indian lands, ” unless otherwise indicated, means:

2.28.1 All lands within the limits of the Fort Yuma Indian Reservation,
notwithstanding the issuance of any patent and including rights-of-way
running through such lands; and

2.28.2 All lands title to which is either held in trust by the United States for the
benefit of the Tribe or individual Indian or held by the Tribe or individual
Indian subject to restriction by the United States against alienation and over
which the Tribe exercises governmental powers; and

2.28.3 All lands within the States of Arizona and California that may be acquired by
the Tribe and that meet the requirements of 25 U.S.C. ' 2719.

Gaming Code of the Quechan Tribe Title I

Inacted September 15, 1994; Amended September 18, 2002: Amended March 27, 2003: Amended June 26, 2006

Amended November 28, 2007 Page 8
Quechan Resolution Nos. R-42-94: R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273407


$$$ $$$ ls

GAMING CODE
OF THE
QUECHAN INDIAN TRIBE

TITLE I
Section 1. Applicability. This code applies to all persons engaged in Class If gaming and
gaming activity within the jurisdiction of the Tribe. Any application for license
pursuant to this Title and participation in any gaming activity within the jurisdiction
of the Tribe shall be deemed to be a consent to the jurisdiction of the Tribe and the
Tribal Court in all matters arising from the conduct of such gaming activity and all
matters arising under any of the provisions of this Code or other tribal laws.
Section 2. Authorized Class Il Games. Consistent with applicable law and the licensing

provisions of this Title, the Tribe authorizes participation in the following Class II

games of chance:

2.1 Class I] Gaming means:

2.1.1 The game of chance commonly known as bingo or lotto (whether or not
electronic, computer, or other technologic aids are used in connection
therewith), that is played for prizes, including monetary prizes, with cards
bearing numbers or other designations, in which the holder of the card covers
such numbers or designations when objects, similarly numbered or
designated, are drawn or electronically determined, and in which the game is
won by the first person covering a previously designated pattern or
arrangement of numbers or designations on such cards, including (if played at
the same location) pull-tabs, punch boards, tip jars, instant bingo, and other
games similar to bingo; and

2.1.2 Non-banking card games explicitly authorized or not explicitly prohibited by
the laws of the state in which they are conducted and which are played legally
anywhere in such state, if played in conformity with such state laws and
regulations concerning hours, period of operation and limitations on wagers
and pot sizes.

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994

Quechan Resolution Nos. R-42-94

Page 42

a ex


removed without notice and an opportunity for a hearing before the
Council, and then only after the Commissioner has been given written
notice of the specific charges at least ten days prior to such hearing. At
any such hearing, the Commissioner shall have the opportunity to be heard
in person or by counsel and to present witnesses on his behalf. If the
Council determines that immediate removal of a Commissioner is
necessary to protect the interests of the Tribe, the Council may
immediately remove the Commissioner temporarily, and the question of
permanent removal shall be determined thereafter pursuant to Tribal
Gaming Commission hearing procedures. A written record of all removal
proceedings together with the charges and findings thereon shall be kept
by the Tribal Secretary. The decision of the Tribal Council upon the
removal of a Commissioner shall be final.

4.16.2 Appointment. If any Commissioner shall die, resign, be removed, or for
any reason be unable to serve as a Commissioner, the Tribal Council shall
declare the position vacant and shall appoint another person to fill the
position. The terms of office of each person appointed to replace an initial
Commissioner shall be for the balance of any unexpired term for such
position, provided, however, that any prospective appointee must met the
qualifications established by this Code.

4.17 Conflict of Interest. No person shall serve as a Commissioner if he has any
personal, business, or legal relationship that creates a conflict of interest with his
duties and responsibilities as a Commissioner.

4.18 Powers of the Tribal Gaming Commission. In furtherance, but not in
limitation, of the Tribal Gaming Commission’s purposes and responsibilities and
subject to any restrictions contained in this Code or other applicable law, the
Tribal Gaming Commission shal] have and is authorized to exercise by majority
vote the following powers in addition to all powers already conferred by this
Code:

4.18.1 To inspect and regulate all gaming activities within the jurisdiction of the
Tribe.

4.18.2 To promote the full and proper enforcement of this Code and other
applicable law regarding gaming activities within the jurisdiction of the
Tribe.

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003: Amended June 26, 2006

Amended November 28, 2007 Page 21
Quechan Resolution Nos, R-42-94: R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-07


Section 4. Tribal Gaming Commission

4.1 Establishment. The Tribe hereby charters, creates and establishes the Tribal
Gaming Commission as a regulatory agency of the Quechan tribal government.

4.2 Location and Place of Business. The Tribal Gaming Commission shall be a
resident of and maintain its headquarters, principle place of business, and offices on
the Fort Yuma Indian Reservation. The Tribal Gaming Commission may, however,
establish other places of business in such other locations as the Tribal Gaming
Commission may from time to time determine to be in the best interest of the Tribe.

43 Duration. The Tribal Gaming Commission shall have perpetual existence and
succession in its own name, unless dissolved by the Tribe pursuant to tribal law.

4.4 — Attributes. As a governmental agency of the Tribe, the Tribal Gaming Commission
is de legated t he right to e xercise one or more of the substantial governmental
functions of the Tribe, including regulation of tribal gaming pursuant to the IGRA,
the Compacts, and tribal law. It is the purpose and intent of the Tribe in creating the
Tribal Gaming Commission that the operations of the Tribal Gaming Commission be
conducted on behalf of the Tribe for the sole benefit and interests of the Tribe, its
members, and the residents of the Reservation. In carrying out its purposes under this
Code, the Tribal Gaming Commission shall function as an arm of the Tribe.
Notwithstanding any authority delegated to the Tribal Gaming Commission under
this Code, the Tribe reserves to itself the right to bring suit against any person in its
own right, on behalf of the Tribe or on behalf of the Tribal Gaming Commission,
whenever the Tribe deems it necessary to protect the sovereignty, rights, and interests
of the Tribe or the Tribal Gaming Commission.

4.5 Recognition as a Political Subdivision of the Tribe. The Tribal Council shall take
all necessary steps to acquire recognition of the Tribal Gaming Commission as a
political subdivision of the Tribe, recognized by all branches of the United States
government as having been delegated the right to exercise one or more substantial
governmental functions of the Tribe.

4.6 Sovereign Immunity of the Tribe. All inherent sovereign rights of the Tribe as a
federally recognized Indian tribe are hereby expressly reserved, including sovereign
immunity from suit in any tribal, federal or state court. Except as provided in Section
4.8 below, nothing in this Code nor any action of the Tribal Gaming Commission
shall be deemed or construed to be a waiver of sovereign immunity from suit of the
Tribe, or to be a consent of the Tribe to the jurisdiction of the United States or of any

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 2007 Page 16
Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-407


2.16 “Gaming device”

2.16.1 For the purposes of Title III, “gaming device” means, a mechanical device, an
electro-mechanical device or a device controlled by an electronic microprocessor or
another manner, whether that device constitutes Class II gaming or Class III gaming,
that allows a player or players to play games of chance, whether or not the outcome
also is affected in some part by skill, and whether the device accepts coins, tokens,
bills, coupons, ticket vouchers, pull tabs, smart cards, electronic in-house accounting
system credits or other similar forms of consideration and, through the application of
chance, allows a player to become entitled to a prize, which may be collected through
the dispensing of coins, tokens, bills, coupons, ticket vouchers, smart cards,
electronic in-house accounting system credits or other similar forms of value.
“Gaming device” does not include any of the following:

2.16.1.1 Those technological aids for bingo games that function only as
electronic substitutes for bingo cards;

2.16.1.2 Devices that issue and validate paper lottery products and that are
directly operated only by Arizona State Lottery licensed retailers
and their employees;

2.16.1.3 Devices that are operated directly by a lottery player and t hat
dispense paper lottery tickets, if the devices do not identify winning
or losing lottery tickets, display lottery winnings or disburse lottery
winnings;

2.16.1.4 Devices that are operated directly by a lottery player and that
validate paper lottery tickets for a game that does not have a
predetermined number of winning tickets, if:

2.16.1.4.1 The devices do not allow interactive gaming;

2.16.1.4.2 The devices do not allow a lottery player to play the
lottery for immediate payment or reward;

2.16.1.4.3 The devices do not disburse lottery winnings;

2.16.1.4.4 The devices are not Video Lottery Terminals;

Gaming Code of the Quechan Tribe Title |

Enacted September 15, 1994; Amended September 18. 2002; Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 2007 Page 5
Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03: R-97-06

Quechan Resolution No. R-273-07



10.2. Persons Excluded. The Tribal Gaming Commission shall establish a list of persons
barred from all tribally licensed gaming facilities because their past behavior,
criminal history or association with persons or organizations poses a threat to the
integrity of the gaming activities of the Tribe or to the integrity of regulated gaming
within the State of California. The Tribal Gaming Commission shall employ its best
efforts to exclude persons on such list from entry into its licensed gaming facilities.

10.3. Ensure Proper Surveillance. The Tribal Gaming Commission shall ensure that all
Class III gaming facility operators maintain a closed-circuit television surveillance
system consistent with industry standards for gaming facilities of the type and scale
operated by the Tribe, which system shall be approved by, and may not be modified
without t he approval of, the Tribal Gaming Commission. The Tribal Gaming
Commission shall have current copies of the gaming facility floor plan and closed-
circuit television system at all times, and any modifications thereof first shall be
approved by the Tribal Gaming Commission.

10.4 Investigations. The Tribal Gaming Commission shall investigate any reported
violation of the IGRA, the California Compact or tribal law occurring within the
gaming facility or surrounding premises and shall require any person to correct the
violation upon such terms and conditions as the Tribal Gaming Commission
determines are necessary and proper under the provisions of this Code.

10.5 Tribal Gaming Commission Right of Inspection.

10.5.1 The Tribal Gaming Commission shall have the right to inspect any gaming
facility at any time and shall have immediate access to any and all areas of a
gaming facility for the purpose of ensuring compliance with the provisions of
IGRA, this Code, Tribal Gaming Commission Regulations, and the
California Compact.

10.5.2. The Tribal Gaming Commission shall employ Class III gaming inspectors or
agents who shall act under the authority of the Tribal Gaming Commission.
Said inspectors shall be independent of any gaming facility operator and any
management contractor, and shall be supervised and accountable only to the
Tribal Gaming Commission. Said inspectors shall have the right to inspect
any gaming facility at any time and shall have immediate access to any and
all areas of the gaming facility. An inspector shall be present in the gaming
facility during all hours of gaming operation.

10.6 Reports from Tribal Gaming Commission Inspectors. The Tribal Gaming
Commission shall ensure that its Class III gaming inspectors report to the Tribal
Gaming Commission all unusual occurrences and all violations or suspected
violations of the IGRA, the California Compact or of the Tribe’s gaming laws by any

Gaming Code of the Quechan Tribe Title IV

Enacted September 18, 2002; Amended November 18, 2007 Page 112
Quechan Resolution No. R-209-02; Quechan Resolution No. R-273407


required by this Title has been properly filed. All renewal applications shall be
approved within a reasonable time unless the Commission determines, based on
reasonable grounds, that the gaming facility operator has been or will be operated in
violation of tribal, federal, or other applicable law or the terms of the Arizona
Compact.

4.13 Annual Reports. Each licensed gaming facility operator must file an annual report
with the Tribal Gaming Commission and the Tribal Council between the 15'" day and
the last day of the 12" month of the duration of each such license. The report shall be
submitted to the Tribal Gaming Commission on the annual report form provided by
the Tribal Gaming Commission and shall include the following information:

4.13.1 The name, address, and telephone number of the gaming facility operator;

4.13.2 The names, addresses, and titles of its current general manager and all sub-
managers;

4.13.3 A description of each gaming activity that is operated and the total gross
proceeds of each;

4.13.4 A written copy of any changes the gaming facility operator proposes to
initiate in its rules;

4.13.5 A statement of the specific dates and times during which the gaming activity
will be operated during the next license period;

4.13.6 The name and address of the person who will be the general manager and the
names and addresses of all persons who will be the primary management
officials during the next license period;

4.13.7 A statement of any changes in the general manager or in the primary
management officials or key employees who will operate the gaming activity
over the next license period;

4.13.8 The names and addresses of any employees which the Tribal Gaming
Commission determines to be key employees;

4.13.9 Written proof that the gaming facility operator has paid to the National Indian
Gaming Commission such fees as federal and tribal law may require it to pay,

and will continue to do so;

4.13.10 A sworn statement that the gaming facility operator has complied with the

Gaming Code of the Quechan Tribe Title 111

Enacted September 15, 1994
Quechan Resolution Nos, R-42-94 Page 71


Gaming Commission regulations and to issue an order of temporary
suspension of any license issued under this Code, whenever the Tribal
Gaming Commission is notified of a violation by any such person of this
Code or any other applicable law.

4.18.40 To issue an order of temporary closure of any gaming facility in the event
the Tribal Gaming Commission determines that immediate closure is
necessary to protect assets or interests of the Tribe, pursuant to Tribal
Gaming Commission regulations, or whenever the Tribal Gaming
Commission shall receive information from the NIGC that a primary
management official or key employee of a licensee does not meet the
standards for being licensed under the IGRA.

4.18.41 To become self-regulating whenever the Tribe becomes eligible for a
certificate of self-regulation under the IGRA.

4.18.42 To license employees of the Tribal Gaming Office in accordance with the
requirements and standards for licensing Class III tribal gaming employees
contained in Section 6 of Title III of this Code, except that the provisions
concerning certification by the State gaming agency or review and
approval by the National Indian Gaming Commission shal] not apply to
Tribal Gaming Office employees.

4.19 Annual Budget. The Tribal Gaming Commission shall prepare an annual
operating budget for all Tribal Gaming Commission activities and present it to the
Council by October 15" of each year.

4.20 Executive Director. In order to comply with the Arizona Compact, the
Commission shall appoint an individual to serve as the Executive Director of the
Commission to administer the day-to-day business of the Commission relating to
the Tribe’s Arizona gaming operations, as delegated by the Commission. Without
limiting the generality of the foregoing, the Commission may direct the Executive
Director to conduct preliminary investigations and render recommendations to the
Commission with respect to the grant or denial of any license, the imposition of
any penalty or fine, the investigation of any complaint, or any other action within
the jurisdiction of the Commission. The Executive Director shall have no
involvement in the day-to-day business of the Commission relating to the Tribe’s
California gaming operations.

4.21. Tribal Gaming Commission Regulations.

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994; Amended September | 8, 2002; Amended March 27, 2003: Amended June 26, 2006

Amended November 28, 2007 Page 26
Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No. R-273-07


2.44

2.45

2.46

2.47

2.48

“Principal” means with respect to any person:
2.44.1 Each of its officers and directors;

2.44.2 Each of its principal management employees, including any chief executive
officer; chief financial officer, chief operating officer or general management;

2.44.3 Each of its owners or partners, if an unincorporated business;

2.44.4 Each of its shareholders who own more than ten percent of the shares of the
corporation, if a corporation;

2.44.5 Each person other than a banking institution who has provided financing for
the entity constituting more than 10% of the total financing of the entity; and

2.44.6 Each of the beneficiaries or trustee of a trust.

Notwithstanding any of the preceding sections, “persons” shall not include
the Tribe, its elected officials, or any of its members or employees who are
not gaming employees under this Code.

“Progressive gaming” means any game in which a cash prize not being won by any
player during any game is retained and further monetarily enhanced by the gaming
operation or gaming facility operator, and offered as a prize to players in the next
game.

“Pull-tabs, punch boards, and tip jars” means any disposable card, board, ticket, or
display that accords the player an opportunity to win something of value by opening,
pulling, detaching, or otherwise removing or uncovering tabs or covers from the card,
board, ticket, or display to reveal a set of numbers, letters, symbols, configurations,
or combinations thereof which have been previously specified as a winning
combination.

“Raffle” means any Class II gaming in which each player buys a ticket for a chance
to win a prize, with the winner determined by a random method. “Raffle” does not
include slot machines or gaming devices or electronic games of chance.

“Reservation” means the Fort Yuma Indian Reservation, and includes all lands lying
within the outer boundaries of the Reservation, notwithstanding th P

Gaming Code of the Quechan Tribe

Enacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003; Amended June 26, 2006
Amended November 28, 2007

Quechan Resolution Nos, R-42-94; R-209-02 and R-39-403; R-97-06

Quechan Resolution No, R-273-07

Page 12


standards for audits of casinos of the American Institute of Certified
Public Accountants.

5.3.2 Each contract for supplies, services (other than legal and accounting
services) or concessions for a contract amount in excess of $25,000
annually shall be subject to an independent audit. A copy of such audit
will be provided to the Tribal Gaming Commission, the Tribal Council,
and the NIGC.

5.4 Notices to the Public.

5.4.1 Each gaming operation and gaming facility operator shall have a copy of
this Code and regulations readily available for inspection by any person at
each of its gaming facilities.

5.4.2 Each gaming operation and gaming facility operator shall post in a
conspicuous location near where each game is being played an explanation
of the rules of play of every game operated or shall otherwise provide the
public with such an explanation.

5.5 Age Restrictions.

5.5.1 No person under the age of 18 shall be employed by any gaming operation,
gaming facility operator, or the Tribal Gaming Commission. No person
under 21 years of age shall be employed in the service of alcoholic
beverages at any gaming facility, unless such employment would be
otherwise permitted under state law.

5.5.2 No person under the age of 21 shall be permitted to place any wager,
directly or indirectly, in any gaming facility, except that up until June 1,
2003, persons who are least 18 years of age may place any wager, directly
or indirectly, in the Tribe’s Arizona gaming facility.

5.5.3. No person under the age of 21 years shall be permitted to enter the area of
any building in which a gaming activity is being conducted. No person
under the age of 21 years shall be permitted to enter the area of any
building in which gaming activity is being conducted and alcoholic
beverages are being served, except that up until June 1, 2003, persons who
are at least 18 years of age may be permitted to enter areas of the Tribe’s
Arizona gaming facility where alcoholic beverages are being served.

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994; Amended September 18, 2002, Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 2007 Page 31
Quechan Resolution Nos. R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-07


5.8

5.9

5.10

5.1

5.12

Section 6.

6.1

III gaming facility license shall pay to the Tribal Gaming Commission a fee, set by
the Tribal Gaming Commission, sufficient to compensate the Tribal Gaming
Commission for the cost of review of the license application.

Form of Class HI Gaming Facility License. Every Class III gaming facility license
issued by the Tribal Gaming Commission shall include the name and address of the
licensed facility, the name and address of the Tribe, the type and number of
authorized C lass [1] games to be conducted in the facility, the signature of an
authorized officer of the Tribal Gaming Commission, a license identification number,
and the date of expiration.

Scope of Class II Gaming Facility License. A Class III gaming facility license
issued by the Tribal Gaming Commission shall be effective for only the gaming
activity, including the type and number of games to be played within the facility, and
location specified in the application and the license.

Term of Class Il Gaming Facility License. A Class III gaming facility license
shall be valid for a period of not more than 2 years from the date of issuance.

Posting of Class If] Gaming Facility License. Each gaming facility shall post its
Class IIf gaming facility license in a conspicuous and public place in the gaming
facility at all times. Ifthe Tribe has more than one gaming facility, it must obtain and
post a separate license for each gaming facility.

Renewal of Class HI Gaming Facility License. Each Class III gaming facility
license must be reviewed and renewed, if appropriate, at least every 2 years.
Verification that this requirement has been met shall be provided by the Tribal
Gaming Commission to the State Gaming Agency every 2 years.

Class HI Tribal Gaming Employee License

Current and Valid Class III Tribal Gaming Employee License Required. Every
gaming employee, including primary management officials and key employees,
participating in any Class II gaming activity shall apply for a Class III tribal gaming
employee license and shall possess a current and valid Class III tribal gaming
employee’s license no later than 90 days from date of employment. In addition, all
gaming employees must apply for a determination of suitability for licensure under
the California Gambling Control Act from the State Gaming Agency, except for
“non-key gaming employees” as defined by agreement between the Tribal Gaming
Commission and the State Gaming Agency under Section 6.5.6 of the California
Compact.

Gaming Code of the Quechan Tribe Vitle 1V

Enacted September 18, 2002; Amended November 18, 2007 Page 100
Quechan Resolution No, R-209-02: Quechan Resolution No. R-273-07


this Code and the Arizona Compact.

10.7.2. The Tribal Gaming Commission shall employ Class II] gaming inspectors or
agents who shall act under the authority of the Tribal Gaming Commission.
Said inspectors shal] be dependent of any gaming facility operator and any
management contractor, and shall be supervised and accountable only to the
Tribal Gaming Commission. Said inspectors shall have the right to inspect
any gaming facility at any time and shall have immediate access to any and
all areas of the gaming facility. An inspector shall be present in the gaming
facility during all hours of gaming operation.

10.8 Reports from Tribal Gaming Commission Inspectors. The Tribal Gaming
Commission shal! ensure that its Class II] gaming inspectors report to the Tribal
Gaming Commission all unusual occurrences and all violations or suspended
violations of the Arizona Compact or of the Tribe’s gaming laws by any employee or
agent of a gaming facility operator or any person on the premises, whether or not
such occurrences are associated with gaming activities. Regardless of the identity of
the reporter or to whom the report is made, the Tribal Gaming Commission shall
make a written record of any unusual occurrences, violations or suspected violations,
without regard to materiality.

10.9 The Tribal Gaming Commission’s Duty to Investigate Violations. The Tribal
Gaming Commission shall investigate any reported violation of tribal law or the
Arizona Compact and shall require any person to correct the violation upon such
terms and conditions as the Tribal Gaming Commission determines are necessary and
proper under the provisions of this code.

10.10 Duty to Report to State Gaming Agency. Within 48 hours of the Tribal Gaming
Commission’s receipt of a report of a violation or suspected violation of the Arizona
Compact, the Tribal Gaming Commission shall notify the State Gaming Agency.
Upon completion of any investigation of a violation, the Tribal Gaming Commission
shall provide copies of its investigative report to the State gaming agency, if such
disclosure will not compromise on-going law enforcement investigations or
activities.

10.11 Duty to Hold Periodic Meetings with the State. In order to develop and foster a
positive and effective relationship in the enforcement of the provisions of the Arizona
Compact, representatives of the Tribal Gaming Commission and the State gaming
agency shall meet not less than on a quarterly basis to review past practices and
examine methods to improve the regulatory program created by the Arizona
Compact. The Meetings shall take place at a location selected by the Tribal Gaming
Commission. The State gaming agency, prior to or during such meetings, shall

Gaming Code of the Quechan Tribe Title 11

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94 Page 93


2.49

2.51

2.52

2.54

patent and including rights-of-way running through such lands, and all other lands
added to the Reservation by executive order, act of Congress, or otherwise under
federal law.

“State” means, as the context dictates, the State of Arizona or the State of California,
or both, and their authorized official, agents, and representatives.

“State certification” means the process utilized by the State gaming agency to
ensure that all persons required to be certified are qualified to hold such certification
in accordance with the provisions of the Compacts.

“State gaming agency” means the agency of the State that the Governor may from
time to time designate by written notice to the Tribe as the state agency that shall act
on behalf of the State under the Arizona Compact or the California Compact.

“Tribe” means, and “tribal” refers to, the Quechan Indian Tribe, a federally
recognized Indian tribe acting through the duly elected Tribal Council pursuant to the
tribal constitution and bylaws, unless the context clearly indicates a general meaning.
The term shall also include all authorized officials, agents and representatives of the
Tribe.

“Tribal Gaming Commission” means the Quechan Tribal Gaming Commission,
established under Section 4 of this Title, which shall exercise all regulatory authority
of the Tribe over gaming activities on Indian lands.

“Tribal police department” means the police force of the Quechan Tribe established
and maintained, contracted for, or otherwise provided by the Tribe pursuant to the
Tribe’s powers of self-government to carry out law enforcement on Indian lands.

“Wager” means the bet made or consideration or value given by a player in any game
and, with respect to Title III of this Code:

2.55.1 In the case of a gaming device, means the sum of money placed into the
gaming device in cash, or cash equivalent, by the player which will allow
activation of the next random play of the gaming device;

2.55.2 In the case of poker, means the sum of money placed into the pot and onto the
card game table by the player in cash, or cash equivalent, which entitles the
player to an initial deal of cards, a subsequent deal of a card or cards, or
which is required to be placed into the pot and onto the card game table by

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994: Amended September 18, 2002; Amended March 27, 2003; Amended June 26, 2006

Amended November 28, 2007 Page 13
Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-07


$$$ NT

required by the California Gaming Compact and the applicable Tribal and/or
Gaming Commission regulations.

5.5 Inspections by State Gaming Agency.

5.5.1 The Tribal Ga ming C ommission s hall give the State Gaming Agency’s
designated agent reasonable notice of each inspection performed by the
Tribe’s experts under Section 5.4.7 of this Title and permit such State agent
to accompany any such inspection.

5.5.2 The Tribe agrees to correct any gaming facility condition noted by the State’s
designated agent in a Section 5.4.7 inspection that does not meet the
standards set out in Sections 5.4.5 and 5.4.6 of this Title.

5.5.3. The Tribal Gaming Commission and the State’s designated agent shall
exchange any reports of a Section 5.4.7 inspection within 10 days after
completion of the report and simultaneously forward a separate report to the
Tribe’s President.

5.5.4 Upon certification by the Tribe’s experts that a gaming facility meets
applicable standards, the Tribal Gaming Commission shall forward the
experts’ certification to the State’s designated agent within 10 days of
issuance.

5.5.5 Ifthe State’s designated agent objects to the Tribe’s experts’ certification, the
Tribe shall make a good faith effort to address the State’s concerns. If the
State does not withdraw its objection, the matter will be resolved in
accordance with the dispute resolution provisions of the California Compact.

5.6 Grounds for Denial of Class I] Gaming Facility License

5.6.1 A Class III gaming facility license shall be denied if the Tribal Gaming
Commission finds that:

5.6.1.1 Any of the criteria contained in Section 5.4 of this Title have not been
met; or

5.6.1.2 Any aspect of the gaming facility is constructed or maintained in a
manner that endangers the health and safety of occupants or the

integrity of the gaming operation.

5.7. Fee for Class {11 Gaming Facility License Application. An applicant for a Class

Gaming Code of the Quechan Tribe Title 1V

Enacted September 18, 2002; Amended November !8, 2007 Page 99
Quechan Resolution No. R-209-02; Quechan Resolution No. R-273407


following entry of a final judgment reversing the determination of the State
Gaming Agency in a proceeding in state court conducted pursuant to Section
1085 of the California Civil Code.

6.5.3. Notwithstanding a determination of unsuitability by the State Gaming
Agency, the Tribal Gaming Commission may, in its discretion, decline to
deny or revoke a license issued to a person exempted under Section 6.1 of
this Title or to a person meeting each of the following criteria:

6.5.3.1 The person holds a valid and current license issued by the
Tribal Gaming Commission that must be renewed at least every 2
years;

6.5.3.2 The grounds for the State Gaming Agency’s denial of the
application for a suitability determination predate the filing of the
person’s application with the State Gaming Agency;

6.5.3.3 The person is not an employee or agent of any other gaming
operation, except a gaming operation of the Quechan Indian Tribe;
and

6.5.3.4 The person is either:

6.5.3.4.1 A person who is either certified by the Tribe as
being a member pursuant to criteria and standards
specified in the Tribe’s Constitution, or a holder of a
confirmation of membership issued by the Bureau of
Indian Affairs; or

6.5.3.4.2 A person who has been in the continuous
employ of the Tribe for at least 3 years prior to
September 10, 1999.

6.6 Fee for Class III Tribal Gaming Employee License. Applicants shall pay to the
Tribal Gaming Commission a fee, set by the Tribal Gaming Commission, sufficient
to compensate the Tribal Gaming Commission for the cost of review of the license
application.

6.7. Scope of Class III Tribal Gaming Employee License. A license shall be effective
only for the person to whom it is issued and only with respect to the gaming facilities
specified in the application and license. Any such license may be transferred to a
new gaming facility only upon prior approval by the Tribal Gaming Commission.

Gaming Code of the Quechan Tribe Title IV

Enacted September 18, 2002; Amended November 18. 2007 Page 104
Quechan Resolution No. R-209-02; Quechan Resolution No, R-273407


4.5.12

4.5.13

4.5.14

4.5.15

4.5.16

4.5.17

4SA8

4.5.19

$25,000 annually (except contracts for legal and consulting services) will be
subject to an annual independent audit.

The construction or maintenance of the gaming facility and the proposed
gaming activity will be conducted in a manner which the Tribal Gaming
Commission finds will adequately protect the environment and the public
health and safety.

All primary management officials and all key employees have passed or will
be required to pass the background investigations and obtain tribal gaming
employee license and, where applicable, the Arizona state certification
required by this Code. Each proposed enterprise must state in writing that all
future management officials and key employees will be required to pass
background investigations and obtain tribal gaming employee license and any
applicable state certification before they are hired.

The Tribal Gaming Commission will have the authority to regulate the
proposed gaming activity.

The gaming facility operator will pay to the National Indian Gaming
Commission such fees as federal law may now or in the future require to be
paid.

The gaming facility operator agrees that all payment for wagers made on
authorized forms of Class II] gaming conducted by the Tribe on its Indian
lands, including the purchase of tokens for use in wagering, shall be made by
cash, cash equivalent, credit card or personal check. Personal checks shall
not be honored in excess of $250 per person per day. Automatic teller
machines (ATMs) may be installed at the gaming facilities. Personal checks

guaranteed by a third party check guarantee contractor shall be considered
ATM transactions.

The gaming facility operator agrees to comply with all applicable State liquor
Jaws at all its gaming facilities.

The gaming facility operator agrees to comply with all applicable State liquor
laws at all its gaming facilities.

The gaming facility operator will maintain the following logs as written or
computerized records and agrees to make those documents available for
inspection by the State gaming agency in accordance with the requirements of
the Arizona Compact:

Gaming Code of the Quechan Tribe Title HI

Enacted September 15, 1994

Quechan Resolution Nos, R-42-94 Page 67


change or denies the application.
Section 5 Class III Gaming Facility License.

5.1 Current and Valid Class HJ Gaming Facility License Required. No Class III
gaming may be operated in any gaming facility unless the gaming facility possesses a
current and valid Class III gaming facility license.

5.2 Application Procedure for Class II] Gaming Facility License. For each gaming
facility in which it conducts Class III gaming activity, a gaming facility operator shall
file with the Tribal Gaming Commission an application for a Class II] gaming facility
license. The application shall contain the name of the gaming facility operator, the
name of the proposed gaming facility, its location, the kind of Class III games to be
played within the proposed gaming facility, and the number of each kind of Class III
games, and all other pertinent information required by this Code and Tribal Gaming
Commission regulations.

5.3 Procedure for Review of Class If Gaming Facility License Application. Before
issuing a license to a Class III gaming facility the Tribal Gaming Commission shall:

5.3.1 Review the scope of the proposed gaming activity to ensure that all criteria
required by this Code are to be met;

5.3.2 Review the application to ensure that all of the criteria set forth in section 5.4
below will be met; and

5.3.3. Take any additional steps necessary to ensure the integrity of such gaming
activity.

5.4 Criteria for Issuance of a Class IfI Gaming Facility License. The Tribal Gaming
Commission may issue a license to a Class If] gaming facility only if all of the
following criteria are met:

5.4.1 The gaming facility is to be located on land that was held in trust for the
Tribe Prior to October 17, 1988; or on trust lands that were located within or
contiguous to the boundaries of the Reservation on October 17, 1988; or on
lands taken into trust after October 17, 1988 pursuant to the process detailed
in 25 U.S.C. § 2719.

5.4.2. The type of gaming activity proposed to be conducted within the gaming

facility is to be played as Class Ill gaming as defined by this Code and the
IGRA.

Gaming Code of the Quechan Tribe Title I

Fnacted September 15, 1994
Quechan Resolution Nos, R-42-94 Page 73


activity of the Tribal Gaming Commission shall implicate or any way involve the
credit of the Tribe or the Tribal Gaming Commission.

4.10 Assets of the Tribal Gaming Commission. The Tribal Gaming Commission shall
have only those assets specifically assigned to it by the Tribal Council or acquired in
its name by the Tribe or by the Tribal Gaming Commission on its own behalf. No
activity of the Tribal Gaming Commission nor any indebtedness incurred by it shall]
implicate or in any way involve or affect any assets of tribal members or the Tribe not
assigned in writing to the Tribal Gaming Commission.

4.11 Membership.

4.11.1 Number of Commissioners. The Tribal Gaming Commission shall consist of
3 to 5 Tribal Gaming Commissioners who shall be appointed by the Tribal
Council.

4.11.2 Qualification of Commissioners. No sitting member of the elected Tribal
Council shall be a Commissioner during such member’s term of office. No
person shall be appointed as a Gaming Commissioner if any member of such
person’s immediate family has a direct financial interest in any gaming
activity or if any member of such person’s immediate family is a tribal
gaming employee. No member or employee of the Commission shal]
participate as a player in any gaming activity conducted by the Tribe.

In selecting and appointing Tribal Gaming Commissioners, the Tribal
Council shall consider the following standards and qualifications:

4.11.2.1 To the greatest extent feasible, preference shall be given to enrolled
members of the Tribe.

4.11.2.2 A Tribal Gaming Commissioner shall meet all of the qualifications
and background requirements necessary for a Class III Gaming
Employee License under this Code and shall meet all other
requirements of applicable law, including this Code, any Class III
tribal-state compact entered into by the Tribe, and the Indian Gaming
Regulatory Act, as amended.

4.11.2.3 A Tribal Gaming Commissioner should have expertise, experience,
education or a combination of experience and education in one or
more of the following areas: financial, accounting, legal,

Gaming Code of the Quechan Tribe Title I
Enacted September 15, 1994: Amended September 18, 2002; Amended March 27, 2003: Amended June 26, 2006

Amended November 28, 2007 Page 18
Quechan Resolution Nos, R-42-94: R-209-02 and R-39-3: R-97-06

Quechan Resolution No, R-273417


6.2 Application Procedure for Class IIT Tribal Gaming Employee License. All
applicants shall submit an application to the Tribal Gaming Commission on such
form and in such manner as the Tribal Gaming Commission may require. All
applications shall be accompanied by the applicant’s fingerprint card(s), current
photograph, and any applicable fee required by the Tribal Gaming Commission. No
application will be processed by the Tribal Gaming Commission unless that
application form is complete and the applicant has signed all of the information
release forms and privacy waivers required by the Tribal Gaming Commission.

6.3 Application for Suitability Determination. Before issuing a temporary or
permanent license, the Tribal Gaming Commission shall require all applicants, except
those exempted under Section 6.1 of this Title, to file with the State Gaming Agency
an application for a determination of suitability for licensure under the California
Gambling Control Act and such releases as may be required under section 6.4.3 of
this Title.

6.4 Procedure for Review of Class Iff Gaming Employee License Application.

6.4.1 Background Investigations. Before issuing a license, the Tribal Gaming
Commission shall conduct or cause to be conducted a background
investigation sufficient to determine that the applicant is qualified for a
gaming license under the standards set out in Section 4.2 of this Title and to
fulfill all requirements for licensing under the IGRA, the California Compact,
and this Code. The Tribal Gaming Commission shall not issue a license
other than a temporary license until a determination is made that those
qualifications have been met.

6.4.2 Reliance on Other Sources. To fulfill some or all of the Tribal Gaming
Commission’s background investigation obligation, and to the extent that
doing so does not conflict with or violate the IGRA or this Code, the Tribal
Gaming Commission may:

6.4.2.1 Contract with the State Gaming Agency for the conduct of
background investigations;

6.4.2.2 Rely ona state certification of non-objection previously issued
under a gaming compact involving another tribe; or

6.4.2.3 Rely on a state gaming license previously issued to the
applicant.

6.4.3 Releases. Applicants shall be required to provide releases to the State

Gaming Code of the Quechan Tribe Title 1V

Enacted September 18, 2002; Amended November 18, 2007 Page 101
Quechan Resolution No. R-209-02; Quechan Resolution No. R-273-07


4.18.12 To obtain and publish a summary of federal revenue laws relating to
gaming and to insure compliance with the same.

4.18.13 To arrange for training of Tribal Gaming Commission members, tribal
employees and others in areas relating to the regulation or operation of
gaming.

4.18.14 Upon prior explicit written approval of the Tribal Council, to employ such
advisors as it may deem necessary. Advisors may include, but shall not be
limited to, law enforcement specialists and gaming professionals, the
Tribe’s legal counsel, and the Tribe’s accountants.

4.18.15 To make recommendations to the Tribal Council on the hiring of all
supervisory gaming employees.

4.18.16 To promulgate rules and regulations to implement and further the
provision of this Code, for approval by the Tribal Council.

4.18.17 To approve or disapprove any application for a tribal gaming license.

4.18.18 To consult with and make recommendations to the Tribal Council
regarding changes in tribal gaming laws and policies.

4.18.19 To examine under oath, either orally or in writing, in hearings or
otherwise any person or agent, officer or employee of any person, or any
other witness with respect to any matters related to this Code, including
enforcement of tribal gaming laws, regulations, and policies and to compel
by subpoena the attendance of witnesses and the production of any books,
records, and papers with respect thereto.

4.18.20 When necessary or appropriate, to request the assistance and utilize the
services of the courts, law enforcement, government officials and
agencies, and private parties in exercising its powers and carrying out its
responsibilities.

4.18.21 To delegate to an individual member or members of the Tribal Gaming
Commission or, with the approval of the Tribal Council, to Tribal Gaming
Commission staff, such of its functions as may be necessary to administer
this Code efficiently; provided that the Tribal Gaming Commission may
not re-delegate its power to exercise any substantial governmental function

Gaming Code of the Quechan Tribe Title

Enacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003; Amended June 26, 2006.

Amended November 28, 2007 Page 23
Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No. R-273-07


6.2.2.7

6.2.2.8

6.2.2.9

6.2.2.10

6.2.2.11

6.2.2.12

6.2.2.13

6.2.2.14

6.2.2.15

A list of the applicant’s previous jobs over the preceding five years,
including the name, address, and telephone number of each employer
and the position held.

The names, addresses, and a brief description of all businesses in
which the applicant currently holds, or has within the last five years
held, an ownership interest.

A description of any previous employment relationship with an Indian
Tribe, including the employee position held, name of the tribe
involved, and the name and address of a person who can attest to the
accuracy of the information provided.

A description of any current or past non-employee business
arrangement which the applicant has had with an Indian tribe,
including the name of the tribe involved and the name and address of
a person who can attest to the accuracy of the information provided.

A statement as to whether the applicant has had any past employment
with, or ownership interest in, any gaming business. If so, the
applicant shall provide a written statement describing his position, the
dates during which that position was held, a description of the
applicant’s ownership interest or job responsibilities, the name,
address, and telephone number of the business, and the name of a
person who can attest to the accuracy of the information provided.

A list of all gaming-related licenses the applicant has ever applied for,
whether or not those licenses were granted, and the name, address,
and telephone number of the regulatory agency involved.

A list of all professional or business licenses the applicant has applied
for, whether or not those licenses were granted, and the name,
address, and telephone number of the regulatory agency involved.

A statement of all languages written or spoken.

A sworn statement that neither the applicant nor any member of his
immediate family is a member of the Tribal Gaming Commission or
has a past or current financial interest, other than a salary interest, in
any gaming related enterprise anywhere. If the applicant has any
relative who has such a relationship, the applicant shall fully disclose

Gaming Code of the Quechan Tribe Vitle I

Enacted September 15, 1994
Quechan Resolution Nos. R-42-94,

Page $2


—$—$—_—_—_————— LAT VA ATI

4.2.1 A person of good character, honesty, and integrity;

4.2.2 A person whose prior activities, criminal record (if any), reputation, habits,
and associations do not pose a threat to the public interest or to the effective
regulation and control of gambling, or create or enhance the dangers of
unsuitable, unfair, or illegal practices, methods, or activities in the conduct of
gambling, or in the carrying on of the business and financial arrangements
thereto.

4.2.3. A person who is in all other respects qualified to be licensed as provided in
the California Compact, the IGRA, this Title, and any other criteria adopted
by the Tribal Gaming Commission or the Tribe.

Section 5. Class HI Gaming Facility License

5.1 Current and Valid Class II] Gaming Facility License. No Class III] gaming
activity may be operated in any gaming facility unless the gaming facility possesses a
current and valid Class III gaming facility license issued by the Tribal Gaming
Commission. The Class III gaming facility license shall serve as a certificate of
occupancy and must be issued prior to occupancy of the gaming facility.

5.2 Application Procedure for Class II] Gaming Facility License. For each gaming
facility in which it conducts Class HI] gaming activities, the Tribe shall file with the
Tribal Gaming Commission an application for a Class III gaming facility license.
The application shall contain the name of the proposed gaming facility, its location,
the kind of gaming activities to be offered within the proposed gaming facility, the
number of each kind of Class III game, and all other pertinent information required
by this Code and Tribal Gaming Commission regulations.

5.3 Procedure for Review of Class III Gaming Facility License Application. Before
issuing a license to a Class III gaming facility, the Tribal Gaming Commission shall:

5.3.1 Review the scope of the proposed gaming activity to ensure that all criteria
required by this Code are met;

5.3.2 Review the application to ensure that all of the criteria set forth in Section 5.4
of this Title will be met; and

5.3.3. Take any additional steps necessary to ensure the integrity of such gaming
activity.

5.4 Criteria for Issuance of a Class Il Gaming Facility License. The Tribal Gaming

Gaming Code of the Quechan Tribe Title 1V

Enacted September 18, 2002; Amended November 18, 2007 Page 97
Quechan Resolution No. R-209-02; Quechan Resolution No. R-273-07


6.2.3 To attempt to bribe any person participating in any gaming activity.

6.2.4 To offer or accept a loan, financing, or other thing of value between a
Tribal Gaming Commission member or employee and any person
participating in any gaming activity.

6.2.5 To fail to keep sufficient books and records to substantiate receipts,
disbursements, and expenses incurred or paid from any gaming activity.

6.2.6 To falsify any books or records which relate to any transaction connected
with any gaming activity.

6.2.7 To conduct or participate in any gaming activity which in any manner
results in cheating or misrepresentation or which allows any other
disreputable tactics that detract from the fair nature and equal chance of
participation between gaming players, or which otherwise creates an
advantage over and above the chance of such gaming activity and which
affects its outcome.

6.2.8 To conduct a gaming activity with or to allow participation in a gaming
activity by an intoxicated or disorderly player.

6.2.9 To allow or participate in the sale of liquor at gaming facilities when such
sale is not permitted by tribal law.

6.2.10 To accept consideration other than money, personal checks, or other
approved consideration for the chance to participate in any gaming

activity.

6.2.11 To solicit, directly or indirectly, or to use inside information on the nature
or status of any gaming activity for the benefit of any person.

6.2.12 To tamper with a gaming device or conspire to tamper or manipulate the
outcome or the payoff of a gaming device, or otherwise interfere with the
proper functioning of the machine.

6.2.13 To alter or counterfeit a tribal gaming license.

6.2.14 To aid, abet, or conspire with another person knowingly or knowingly to

Gaming Code of the Quechan Tribe Title I

Enacted September 15, 1994: Amended September 18, 20022; Amended March 27, 2003: Amended June 26, 2006,

Amended November 28, 2007 Page 35
Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-07


TIE

management, business, personnel, government regulation,
administrative procedure, or related skills or disciplines.

4.11.2.4 A Tribal Gaming commissioner shall have unquestioned integrity,
honesty, and objectivity and decision making skills and abilities
commensurate with the quasi-judicial duties of the Tribal Gaming
Commission. A Tribal Gaming Commissioner must have the ability
to make unbiased, objective decisions regarding issuance, suspension
or revocation of tribal gaming licenses and other determinations
affecting gaming employees, managers, vendors, operators and
others associated with tribally regulated gaming activities under this
Code.

4.11.2.5 A Tribal Gaming Commissioner should have good organizational
skills, written and oral communication skills, and be able to
communicate effectively with the Tribal Council, tribal gaming
personnel, and the general public.

4.11.2.6 A Tribal Gaming Commissioner must be a team member, able to
work efficiently and effectively as a part of the Commission, making
decisions by consensus whenever possible, otherwise by majority
vote of the Commission. Tribal Gaming Commissions shall be
committed to the integrity and honesty of all tribally regulated
gaming and be able to devote substantial operation time to carrying
out their responsibilities under this Code and other applicable law.

4.11.3 Class II] Tribal Gaming Employee License. Following appointment as a
Tribal Gaming Commissioner, the appointee shall immediately apply for a
Class Ill tribal gaming employee license. Ifa license is denied, the
Commissioner shall immediately be removed from the Tribal Gaming
Commission.

4.12 Term of Office. Each Commissioner shall serve a term of 5 years; provided, that
2 of the initial members appointed shall be designated to serve for a term of 2
years.

4.13 Ex-Officio Members. At the direction of the Tribal Council, any other person,
including an elected member of the Tribal Council, may be designated to attend
and participate, without vote, in Tribal Gaming Commission meetings.

Gaming Code of the Quechan Tribe Title |

Enacted September 15, 1994; Amended September 18, 2002, Amended March 27, 2003, Amended June 26, 2006
Amended November 28, 2007

Q an Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06

Quechan Resolution No, R-273-07

Page 19



2.2.4

2.2.5

chance or any additional Class III games later authorized, the Tribe and the
State must reach agreement as to the specifications and regulations governing
such gaming. Once said agreement is reached, those specifications and
regulations must be forwarded to the Tribal Gaming Commission for
enforcement and are hereby incorporated herein by this reference.

Before any piece of gaming equipment can be used in the play of any of the
above-referenced games, the Tribal Gaming Commission must receive from
the licensed and certified manufacturer or distributor of such gaming
equipment a sworn statement affirming that said equipment meets the
requirements of this section.

The Tribal Gaming Commission may, at its discretion, require the testing of
any gaming device to ensure compliance with the requirements of this
section. Any such testing shall be conducted according to the technical
standards contained in Appendix A of the Arizona Compact and shall be at
the expense of the licensed manufacturer.

2.3 Number of Games and Locations.

2.3.1

2.3.2

2.3.3

Number of Gaming Devices. The Tribal Gaming Commission may license
the operation of up to the number of gaming devices provided for under
section 3(c) of the Arizona Gaming Compact, as amended.

Number of Keno Games. The Tribal Gaming Commission may license the
operation of no more than two keno games in the State of Arizona. This
number is automatically increased if additional keno games are authorized
pursuant to an amendment to the Arizona Compact.

Authorized Gaming Facility Locations. The Tribal Gaming Commission
may license no more than two Class III gaming facility locations in Arizona.
The Tribe must notify the State gaming agency of the physical location of
said facilities a minimum of 30 days prior to commencing operation of any of
the above-authorized games.

Gaming Code of the Quechan Tribe Title HI

Enacted September 15, 1994

Quechan Resolution Nos, R-42-94 Page 63


2.16.2

2.16.1.5 Player Activated Lottery Terminals, as defined in Section 3(aaa) of
the Arizona Compact.

For the purposes of Title IV, “gaming device” means a slot machine,
including an electronic, electromechanical, electrical, or video device that, for
consideration, permits: individual play with or against that device or the
participation in any electronic, electromechanical, electrical, or video system
to which that device is connected; the playing of games thereon or therewith,
including, but not limited to, the playing of facsimiles of games of chance or
skill; the possible delivery or, or entitlement by the player to, a prize or
something of value as a result of the application of an element of chance; and
a method for viewing the outcome, prize won, and other information
regarding the playing of games thereon or therewith.

2.17 “Gaming employee”

2.17.1

2.17.2

For the purposes of Titles II and III, “gaming employee” means any person
employed as a primary management official or key employee of a gaming
operation and any person employed in the operation or management of the
gaming operations including, but not limited to, any person whose
employment duties require or authorize access to restricted areas of a gaming
facility not otherwise open to the public.

For the purposes of Title IV, “gaming employee” means any person who (a)
operates, maintains, repairs, assists in any Class III gaming activity, or is in
any way responsible for supervising such gaming activities or persons who
conduct, operate, account for, or supervise any such gaming activity, (b) is in
a category under federal or tribal gaming law requiring licensing, (c) is an
employee of the Tribal Gaming Agency with access to confidential
information, or (d) is a person whose employment duties require or authorize
access to areas of the gaming facility that are not open to the public.

2.18 “Gaming equipment” means any device, machine, paraphernalia, or equipment that
is used or usable in the playing phases of any gaming activity, whether or not
specifically designed for the purpose, but excluding tables and chairs normally used
in the occupancy of any gaming facility.

2.19 “Gaming facility”

2.19.1

For the purposes of Titles I] and III, “gaming facility” means the buildings or

Gaming Code of the Quechan Tribe Title I

Fnacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003: Amended June 26. 2006

Amended November 28, 2007

Page 6

Quechan Resolution Nos, R-42-94; R-209-02 and R-39-03; R-97-06
Quechan Resolution No, R-273-07


GAMING CODE
OF THE
QUECHAN INDIAN TRIBE

TITLE IV

CLASS II GAMING IN THE STATE OF CALIFORNIA

Section 1. Applicability. This Title applies to and regulates all Class III] gaming activities
operated on Quechan Indian lands within the State of California.
Section 2. Ownership of Gaming Operation. The Class III gaming operations authorized
under this Title shall be owned solely by the Quechan Indian Tribe.
Section 3. Class III Games Authorized for Play in the State of California
3.1 Authorized Class II] Games. Consistent with applicable law and the California

Compact, the Tribe authorizes the following Class III games of chance for play on

Quechan Indian lands located in the State of California:

3.1.1 Gaming devices;

3.1.2 Banking or percentage card games; and

3.1.3. Devices or games that are authorized under California State law to the
California State Lottery, provided that the Tribe will not offer such games
through use of the Internet unless others in the state are permitted to do so
under state or federal law.

3.2 Technical Requirements Applicable to the Class III Games Authorized for Play
in California.

3.2.1 All gaming devices and other games authorized in Section 3.1 of this Title
must comply with technical standards adopted by the Tribal Gaming
Commission.

3.2.2 The technical standards adopted by the Tribal Gaming Commission shall be
no less stringent than those approved by a recognized gaming testing
laboratory in the gaming industry.

Gaming Code of the Quechan Tribe Title iV
Enacted September 18, 2002; Amended November 28, 2007 Page 95

Quechan Resolution No, R-209-2: Quechan Resolution No, R-273-07


profiles and background checks.
Section 8. Gaming Management Contract Requirements.

8.1 License; Approval. In addition to specific licensing requirements contained in
this Code, each management contract shall fully comply with and is subject to the
prior approval of the National Indian Gaming Commission.

8.2. Approval Procedures. Before submission to the NIGC, each management
contract shall be approved by the Tribal Council with the advice and comment of
the Tribal Gaming Commission. In addition, all management contracts for Class
III gaming in Arizona must receive certification from the Arizona State gaming
agency. Before giving final consideration to any proposed management contract,
the Tribal Council shall direct the Tribal Gaming Commission to conduct a
complete background investigation of persons with a financial interest in, or
having management responsibility for, the management contract, including
requiring the submission of all information required under 25 C.F.R. § 537, as
amended, incorporated herein by this reference and, where applicable, seek State
certification of the agreement.

8.2.1 The proposed management contractor must submit a complete background
check form which contains at a minimum the following: its name, its
address, the names and addresses of each person having a direct financial
interest or management responsibility for the proposed management
contractor, and in the case of a corporation the names and addresses of
each member of its board of directors and all stockholders who hold
directly or indirectly 10 percent or more of its issued or outstanding stock.

8.2.2 A description of any previous experience that each person listed in Section
8.2.1 above has had with other gaming contracts with Indian tribes or with
any gaming activity or operation wherever located, including the name and
address of any tribal government or licensing agency with which such
person has had a contract, license, permit, or other agreement relating to
gaming.

8.2.3 A complete financial statement of each person listed in Section 8.2.1.
8.2.4 The Tribal Gaming Commission shall contact each of the tribal

governments and licensing agencies in Section 8.2.2 to determine the
performance history of the proposed management contractor.

Gaming Code of the Quechan Tribe Title 1

Fnacted September 15, 1994; Amended September 18, 2002; Amended March 27, 2003; Amended June 26. 2006

Amended November 28, 2007 Page 40
Quechan Resolution Nos. R-42-94; R-209-2 and R-39-03; R-97-06

Quechan Resolution No, R-273407


Gaming Agency and the Tribal Gaming Commission to permit the State
Gaming Agency and the Tribal Gaming Commission to exchange background
information regarding the applicant.

6.4.4 California Law Enforcement Telecommunications System (CLETS)
Compliance. Article 6 (commencing with Section 11140) of Chapter | of
Title 1 of Part 4 of the California Penal Code is applicable to members,
investigators, and staff of the Tribal Gaming Commission. For purposes of
carrying out its obligations under Section 6.4 of this Title, the Tribal Gaming
Commission shall be considered to be an entity entitled to receive state
summary criminal history information within the meaning of subdivision
(b)(12) of Section 11105 of the California Penal Code.

6.4.5 Reporting to NIGC and State Gaming Agency. To the extent required by
the IGRA and the California Compact, the Tribal Gaming Commission shall
promptly forward applications, background investigation reports, and related
information to the NIGC and the State Gaming Agency and notify the NIGC,
and the State Gaming Agency of its decisions to deny, issue, suspend or
revoke licenses. The Tribal Gaming Commission shall cooperate with the
State Gaming Agency in sharing as much background information as
possible, both to maximize investigative efficiency and thoroughness, and to
minimize investigative costs.

6.4.6 Temporary Licenses. If the Tribal Gaming Commission has conducted a
preliminary background investigation, and the investigation or other
information held by the Tribal Gaming Commission does not indicate that the
applicant has a criminal history or other background information that would
either automatically disqualify the applicant from obtaining a license or cause
a reasonable person to investigate further before issuing a license, or is
otherwise unsuitable for licensing, the Tribal Gaming Commission may issue
a temporary license and may impose such conditions thereon, pending
completion of the applicant’s background investigation, as the Tribal Gaming
Commission in its sole discretion shall determine. Special fees may be
required by the Tribal Gaming Commission to issue or maintain a temporary
license. A temporary license shall remain in e ffect unt il s uspended or
revoked, or a final determination is made on the application. At any time
after issuance of a temporary license, the Tribal Gaming Commission may
suspend or revoke it in accordance with Sections 6.5 and 9 of this Title, and
the State Gaming Agency may request suspension or revocation in
accordance with Section 6.5.2 of this Title.

6.4.7 Issuance of Class II] Gaming Employee License. Upon completion of the

Gaming Code of the Quechan Tribe Vite 1V

Enacted September 18, 2002; Amended November 18, 2007 Page 102
Quechan Resolution No. R-209-02: Quechan Resolution No. R-273-07


Section 3. Tribal Licenses Required to Operate Class If Gaming Activity. No Class II
gaming or gaming activity shall be operated within the jurisdiction of the Tribe
unless such gaming or gaming activity is licensed by the Tribe. Separate Class II
tribal gaming licenses are required for each (1) gaming operation, (2) gaming facility,
(3) tribal gaming employee, and (4) gaming services vendor.

Section 4. Class I] Gaming Operation License.

4.1 Current and Valid Class I! Gaming Operation License Required. No gaming
operation may conduct one or more Class II games unless the gaming operation
possesses a current and valid Class II gaming operation license.

4.2 Application for Class If Gaming Operation License. For any proposed C I
gaming activity, the proposed operator shall file with the Tribal Gaming Commission
an application for a Class II gaming operation license that shall contain the name of
the operation, its location, and all other pertinent information required by this Code
and Tribal Gaming Commission regulations.

4.3 Procedure for Review of Class If Gaming Operation License Application.
Before issuing a license for a Class II gaming operation the Tribal Gaming
Commission shall:

4.3.1 Review the proposed gaming activity to ensure that all criteria required by
this Code shall be met.

4.3.2 Ensure that all management contractors, primary management officials, key
employees, their principals, and gaming employees obtain all licenses
required by this Code.

4.3.3, Review and approve the accounting procedures to be used in the proposed
gaming operation.

4.3.4 Review the application to ensure that all of the criteria set forth in section 4.4
below will be met.

4.3.5 Take any additional steps necessary to ensure the integrity of such gaming
activity.

4.4 Criteria for Issuance of a Class Il Gaming Operation License. The Tribal
Gaming Commission may issue a Class Il tribal gaming operation license to any
gaming operation only if all of the following criteria are met:

Gaming Code of the Quechan Tribe Title II

Enacted September 15, 1994
Quechan Resolution Nos, R-42-94 Page 43