Pueblo of Tesuque

Route5 Box 360-T

Santa Fe, New Mexico 87501

(~O49

RESOLUTION NO. 2002-04-02

PUEBlO OF TESUQUE TRIBAL COUNCIL

AMENDMENT AND RESTATEMENT OF TRIBAL GAMING ORDINANCE

WHEREAS,

WHEREAS,

WhEREAS,

WHEREAS,

on or about December 16, 1989, by Resolution Number 1989-12-04, the

Tribal Council of the Pueblo of Tesuquc (Pueblo) adopted a Gaming

Ordinance for the Pueblo of Tcsuque (Gaining Ordinance), which

Gaming Ordinance was amended on or about August 24, 1994, by

Resolution Number 1994-08-03, and was further amended and restated on

April 3, 1997, by Resolution Number 1997-04-02 and on September 25,

1997, by Resolution Number 1997-09-04; and

the Pueblos experience over the years in conducting and regulating its

gaming activities has suggested numerous ways in which amending the

Gaming Ordinance could tighten the Pueblos regulation of its gaming

activities, thereby permitting the Pucblo more c~lcctive1y to exercise its

primary regulatory responsibilities over gaming on the Pueblo of Tesuque

Indian Reservation (Reservation), pursuant to its inherent sovereignty

and undcr the Indian Gaming Regulatory Act (IGRA); and

a new Class Ill Indian Gaming Compact (2001 Compact) was executed

between the Pueblo and the State of New Mexico, which 2001 Compact

was approved on December 14, 2001.

the 2001 Compact somewhat alters the duties and responsibilities of the

Pueblo with respect to the conduct of Class Ill gaming on the reservation;

and

Phone (505) 983-2667 Toll Free (800) 483-1040 Fax (505) 982-2331
WHEREAS, in light of the Pueblos desire to enhance and make more effective its

regulation of gaming on the reservation, and in further light of the need to

conform certain portions of the Gaming Ordinance to the 2001 Compact,

the Tribal Council believes it necessary and in the best interests of the

Pueblo to amend, clari1~, and update the Gaming Ordinance to assure that

gaming activities are conducted in a fair, honest, and prof~ssionaJ manner

and to assure that the Class III gaming activities of the Pueblo are

conducted in compliance with Compact.

BE IT THEREFORE RESOLVED that the Tribal Council hereby adopts the amended

restated Gaming Ordinance (Amended and Restated Gaming Ordinance), in the form

attached hereto, which amends the Gaming Ordinance by clarif~ing and updating the

(laming Ordinance to correct any technical errors, to enhance and clari1~ the Pueblos

regulatory authority over gaining activities on the reservation, and to make the Gaming

Ordinance consistent with the 20W Compact, IGRA, and the federal regulations

promulgated there under.

BE IT FURTHER RESOLVED that the Amended and Restated Gaming Ordinance

shall take effect on thc date the 2001 Compact takes effect by virtue of the publication in

the Federal Register of the Secretarys approval of the 2001 Compact (Effective Date).

BE IT FURTHER RESOLVED that the Pueblo of Tesuque Gaming Commission is

directed to submit this Resolution and the attached Amended and Restated Gaming

Ordinance adopted herein to the National Indian Gaming Commission, together with the

2001 Compact, for approval of thcse amendments to the Gaming Ordinance, as required

by IGRA, 25 U.S.C. § 2710(b)(l)(B) and 2710(d)(1)(A)(iii), within iffteen (15) days

after the Effective Date.

BE IT FINALLY RESOLVED that, pursuant to Section 4(B) of the 2001 Compact, the

Pueblos Gaming Commission is directed to submit the attached Amended and Restated

Gaming Ordinance to the State Gaming Representative within 30 days afler the Effective

Date.
CERTIFICATION

certif~y that the

~Q against,

which a quorum

2002.

4r (.L-~

~L-;~~)

Co~cilrnan

Æ3~LfiJ /~/ -~-~

C~~(thcilman

1, the undersigned, as Governor of the Puchlo of Tesuquc, hereby

foregoing Resolution was adopted by a vote of for and

with abstaining, at a duly called meeting of the Tribal Council, at

was present, held on the 4)i~j~i day of ~

M~L ~~/~

Councilman Date

Date

~C~,uncilman

~

(~\~a~.

Governor Paul Swazo

S.

Councilman

-

~//

(J~jtflb?

Councilman

-I

~,-

~/~#~:~( L2

Cbundilman
PUEBLO OF TESUQUE GAMING ORDINANCE

Originally adopted by Resolution No.1989-12-04, dated

December 16,1989, as Amended by Resolution No.

1994-08-3, dated August 24,1994, as Amended and

Restated by Resolution No. 1997-04-02, dated April 3,

1997, as Amended and Restated by Resolution No.

1997-09-04, dated September 25, 1997, and as Amended

and Restated by Resolution No. 2002-04-02, dated

April 30, 2002 by the Pueblo olTesuquc Tribal Council.

PUEBLO OF TESUQUE GAMING ORI)INANCE

WJC -2001
TABLE OF CONTENTS

Page

SECTION 1. NAME I

SECTION 2. DEFINITIONS 1

SECTION 3. PURPOSES 7

SECTION 4. INTERPRETATION 7

SECTION 5. GAMING POLICY 7

a. Games of Chance Prohibited 7

b. Ownership of Gaming Enterprise 8

c. Protection of the Environment, Public and Employee Safety, and Property 8

d. Licensing Procedures 8

e. Providers of Class III Gaming Equipment 8

SECTION 6. PUEBLO OF TESUQUE GAMING COMMISSION 9

a. Establishment of Commission 9

b. Powers and Duties 9

c. Independent Decision Making Authority 14

d. Procedure for Promulgation of Regulations 14

e. Composition; Selection; Term 15

f. Qualification of Commissioners 16

g. Licensing of Commissioners 16

h. Removal of Commissioners 17

i. Resignations and Vacancies 17

j. Selection of Officers 18

k. Motions and Resolutions; Meetings; Quorum 18

I. Cooperation with Law Enforcement Agencies 18

m. Budget 18

n. Compensation 19

SECTION 7. LICENSES FOR OPERATING AND CONDUCTING GAMES OF CHANCE ...

19

a. Licenses Required 19

b. J icense Application 20

c. Background Investigations 22

d. Temporaiy License 25

e. Eligibility Determination 26

f. Additional Background Investigations 26

g. Procedures for Forwarding Applications and Reports for Key Employees

arid Primary Management Officials to the National Indian Gaming Commission

and the State Gaming Representative 26

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001
h. Report to the National Indian Gaming Commission and the State Gaming

Representative 27

i. Granting of a Gaming License 27

j. Duration and Renewal of Licenses 28

SECTION 8. MANAGEMENT CONTRACT 29

a. Hiring of Manager 29

b. License Required Upon Approval of Management Contract 29

c. Standards for Approval 29

d. Management Contract Fees 30

e. Grounds for Disapproval 31

f. Modification and Revocation of Management Contract 31

g. Management Contract Binding Upon Approval 31

SECTION 9. FINANCIAL PRACTICES AND REPORTING 31

a. Monthly Reports 31

b. Maintenance of Books and Records; Commission Access 32

c. Allowable Operating Expenses 33

d. Deposit of Gross Receipts; Payment of Operating Expenses 34

e. Annual Audit 34

f. Audit of Contracts 35

g. Disposition of Net Revenues 35

h. Compliance with Internal Revenue Code 36

i. Compliance with Bank Secrecy Act 36

SECTION 10. TESUQUE GAMING ENTERPRISE 36

a. Establishment of the Enterprise 36

b. Supervision of Gaming Activities 38

c. Budgets; Business Plan 38

d. Contracts 39

e. Officer in Charge 39

f. Premises Open to Commission 39

g. Provisions Applicable to Bingo Games 39

h. Provisions Applicable to Class III Gaming Activities 41

i. Employees; Prohibition Against Employees Engaging in Gaming 46

j. Qualifications for Employment 47

k. Preference in Employment 47

I. Advertisement of Positions 47

m. Personnel Policies and Benefits 48

n. Hiring and Training of Employees 48

o. Appointment of OSHA Officer 49

SECTION 11. SUSPENSION OR REVOCATION OF LICENSE 49

a. Grounds for Suspension and Revocation 49

b. Notice; Immediate Suspension 50

c. Contents of Complaint; Service 50

PUEBLO OF TF.SUQUE GAMING ORDINANCE

WJC - 2001
d. Answer; Subpoenas 50

e. Hearing; Written Decision 50

£ Appeal 51

g. Surrender of License 51

h. Additional Sanctions 52

SECTION 12. PROHIBITED ACTS 52

SECTION 13. VIOLATIONS, JURISDICTION, ENFORCEMENT OR SUBPOENAS;

LIMITED WAIVER OF SOVEREIGN IMMUNITY 54

a. Criminal Penalties 54

b. Civil Sanction 55

c. Tribal Court Jurisdiction 55

d. Appeal from Tribal Court to the Tribal Council 56

e. Enforcement of Council Orders and Commission Orders and Subpoenas 56

f. Limited Waiver of Sovereign Immunity 57

SECTION 14. PATRON DISPUTES AND VISITOR CLAIMS 57

a. Procedures for Resolving Patron Disputes 57

b. Resolving Patron and Visitor Claims of Liability for Bodily Injury or

Property Damage 58

c. Posting of Notice 59

d. Public Health and Safety 59

SECTION 15. SOVEREIGN IMMU1~ITY 59

SECTION 16. MISCELLANEOUS 60

a. Severability 60

b. Gender 60

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001
PUEBLO OF TESUQUE GAMING ORDINANCE

BE IT ENACTED BY THE COUNCIL OF THE PUEBLO OF TESUQUE: An Ordinance

to Govern, Regulate, and Control Gaming Activities on the Pueblo of Tesuque Indian Reservation.

SECTiON 1. NAME The name of this Ordinance shall be the Pueblo of Tesuque Gaming

Ordinance.

SECTION 2. DEFINITIONS In this Ordinance, unless the context otherwise requires:

a. Bingo Equipment means equipment used in connection with Bingo Games, and

includes the receptacle and numbered objects drawn from it; the master board upon which such objects

are placed as drawn; the cards or sheets bearing numbers or other designations to be covered and the

objects used to cover them; the board or signs, however operated, used to announce or display the numbers

or designations as they are drawn; the public address system; and all other articles essential to the

operation, conduct, and playing of Bingo Games.

b. Bingo Game means the Game ofChance 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 and other designations in which the

holder of the cards 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.

c. Class II Gaming means those games described in 25 U.S.C. § 2703(7)(A) and

25 C.F.R. § 502.3, including but not limited to Bingo Games.

d. Class III Gaming means all forms of gaming as defined in 25 U.S.C. § 2703(8)

and 25 C.F.R. § 502.4.

PUEBI.O OF TESJQUE GAMING ORDINANCE

WJC - 2001
e. Commission means the Pueblo of Tesuque Gaming Commission, which is the

Pueblo agency responsible for regulating Class II and Class III Gaming Activity conducted by the Pueblo

and for ensuring that such Gaming Activity is conducted in compliance with applicable tribal and federal

law and the Compact. The Commission is the agency of the Pueblo to be identified to the State Gaming

Representative as the Tribal Gaming Agency responsible for the regulatory actions of the Pueblo of

Tesuque under the Compact between the Pueblo of Tesuque and the State of New Mexico.

f. Compact means any compact entered into and currently in effect between the

Pueblo of Tesuque and the State of New Mexico pursuant to Section 11(d) of the Indian Gaming

Regulatory Act, 25 U.S.C. § 27 10(d).

g. Council means the Pueblo ofTesuque Tribal Council, the governing body ofthe

Pueblo of Tesuque.

h. Games of Chance means all forms of Class II and Class III Gaming, but shall

not include social games played solely for prizes of minimal value, or traditional forms of Indian gaming

engaged in by individuals as part of, or in connection with, tribal ceremonies or celebrations.

Gaming Activity or Gaming Operation means the conduct or act ofconducting

Class II and Class III Games of Chance.

j. Gaming Device means a Gaming Machine or associated equipment, and includes

a system for processing information that can alter the normal criteria of random selection that affects the

operation of a Class Iii Game or determines the outcome of a Class III Game; Gaming Device does not

include a system or device that affects a Class III Game solely by stopping its operation so that the

outcome remains undetermined.

k. Gaming Employee, notwithstanding any different definition in a Compact, for

purposes of this Gaming Ordinance means any natural person employed by the Gaming Enterprise,

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

2
including but not limited to the Manager, Key Employees, and Primary Management Officials, and

regardless of whether or not the Employees duties involve direct involvement in or contact with Gaming

Activities.

1. Gaming Enterprise means the business entity established and operated by the

Pueblo of Tesuque, acting through the Council, to conduct and operate Games of Chance on the

Reservation.

m. Gaming Facility means the buildings or structures in which Class II and Class

Ill Gaming activities are operated on the Reservation pursuant to this Gaming Ordinance, together with

the parking areas and other adjacent areas associated therewith.

n. Gaming Machine means a mechanical, electromechanical, or electronic

contrivance or machine that, upon insertion of a coin, token, or similar object, or upon payment of any

consideration, is available to play or operate a Class III Game, whether the payoff is made automatically

from the Gaming Machine or in any other manner.

o. Gaming Operation or Gaming Activity means the conduct or act ofconducting

Class II and Class III Games of Chance.

p. Gaming Ordinance means this Pueblo ofTesuque Gaming Ordinance, as it now

exists or as it may hereafter be amended from time to time.

q. Gaming Services means any goods or services, except legal and accounting

services, provided to the Pueblo of Tesuque in connection with and that directly involve the operation of

Class 11 or Class III Gaming in any Gaming Facility.

r. Governor means the Governor of the Pueblo of Tesuque.

Gross receipts means receipts from the sale of shares, tickets, or rights in any

manner connected with participation or the right to participate in any Game of Chance, including but not

PUEBLO OF TESUQUE CAMINC ORDINANCE

WJC -2001

3
limited to any admission fee or charge, the sale of merchandise, refreshments, souvenirs, services,

equipment, or supplies, interest earned on deposits, and all other miscellaneous receipts.

t. Indian means any person who is a member ofa federally-recognized Indian tribe

or who is recognized as an Indian under federal law.

u. Key Employee means:

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

A. Bingo caller;

B. Counting room supervisor;

C. Chief of Security;

D. Custodian of gaming supplies or cash;

E. Floor manager;

F. Pit boss;

G. Dealer;

H. Croupier;

I. Approver of credit; or

J. Custodian of Gaming Devices, including persons with access to

cash and accounting records within such devices;

2. Ifnot otherwise included, any other person whose total cash compensation

is in excess of $50,000 per year; or

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

the gaming operation.

v. License means a license duly issued by the Commission to any person required

to be licensed in accordance with the licensing procedures set forth in this Gaming Ordinance.

PUEBLO OF TESUQLJE GAMING ORDINANCE

WJC - 2001

4
w. Licensee means any person who has been duly licensed by the Commission.

x. Management Contract means a contract within the meaning of 25 U.S.C. §~

2701(d)(9) and 2711 and as defined in 25 C.F.R. § 502.14.

y. Management Contractor means any person or entity that has entered into a

Management Contract with the Pueblo of Tesuque.

z. Manager means the Person having ultimate responsibility for managing the

Gaming Enterprise, hired directly as an employee or pursuant to a Management Contract under Section

8 of this Gaming Ordinance.

aa. Member of the Pueblo of Tesuque means an enrolled member of the Pueblo of

Tesuque.

bb. National Indian Gaming Commission means the National Indian Gaming

Commission established by the Indian Gaming Regulatoiy Act, 25 U.S.C. §~ 2701-21, 18 U.S.C. §~

1166-68.

cc. Net Revenues means the gross revenues of a Gaming Operation less amounts

paid out as, or paid for prizes and total gaming-related operating expenses, excluding management fees.

dd. Net Win as defined in the Compact means the total amount wagered in Class

III Gaming at a Gaming Facility on all Gaming Machines less the following:

1. the amount paid out in prizes, including the cost to the Gaming Enterprise

of noncash prizes won, on Gaming Machines;

2. the amount paid to the State of New Mexico on account of the States

regulatory costs; and

3 the sum oftwo hundred seventy-five thousand dollars ($275,000) per year

as an amount representing tribal regulatory costs, which amount shall increase by three percent (3%) each

PUEBLO OF TES(IQIJE CAMI~G ORDINANCE

WJC -2001

5
year beginning on the first day ofJanuary occurring after the Compact has been in effect for at least twelve

(12) months.

ee. Non-Gaming Services means any goods or services, except legal and accounting

services, provided to the Pueblo of Tesuque in connection with the operation of a Gaming Facility but that

do not constitute Gaming Services because they do not directly involve the operation ofClass II or Class

III Gaming. Examples ofNon-Gaming Services include but are not limited to equipment, transportation,

food, linens, janitorial supplies, maintenance, security services, payroll, and records storage.

ff. Person means a natural person, firm, association, partnership, government or

political subdivision or agency thereof, joint venture, corporation, or other legal entity.

gg. Primary Management Official means:

1. The person having management responsibility for a Management Contract;

2. Any person who has authority:

A. To hire and fire employees; or

B. To establish working policy for the Gaming Operation; or

3. The chief financial officer or other person who has financial management

responsibility.

hh. Reservation means all lands within the exterior boundaries of the Pueblo of

Tesuque Indian Reservation and its confirmed grants from prior sovereigns and any lands title to which

is held in trust by the United States for the benefit of the Pueblo of Tesuque or a member thereof and held

by the Pueblo of Tesuque subject to a restriction by the United States against alienation, and over which

lands the Pueblo of Tesuque exercises governmental power.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

6
ii. State Gaming Representative means the person or agency designated by the State

of New Mexico to be responsible for actions of the State set out in the Compact between the Pueblo of

Tesuque and the State of New Mexico.

jj. Temporary License means a License for no longer than ninety (90) days issued

by the Tesuque Gaming Commission pursuant to the provisions of this Gaming Ordinance.

kk. Treasurer means the Treasurer of the Pueblo of Tesuque.

11. Tribal Court means the Pueblo of Tesuque Tribal Court.

SECTION 3. PURPOSES The purposes of this Gaming Ordinance are to make lawful and to

regulate the operation, conduct, and playing of Games of Chance on the Reservation, so that such games

are conducted in a fair and honest manner, affording patrons a fair chance to win in accordance with the

nature of the games, and so that revenue may be generated by such games to fund tribal governmental

operations and programs that promote the health, education, and welfare of the Pueblo of Tesuque and its

members and that promote tribal economic development. It is the further purpose of this Gaming

Ordinance to regulate the operation of all subsidiary activity taking place at any Gaming Facility so that

the publics health and safety are protected and so that all activity taking place within a Gaming Facility

is conducted in compliance with applicable law.

SECTION 4. INTERPRETATION This Gaming Ordinance is an exercise of the sovereign

power of the Pueblo of Tesuque and shall be liberally construed for the accomplishment of its purposes

and to comply with the Indian Gaming Regulatory Act.

SECTION 5. GAMING POLICY

a. Games of Chance Prohibited No person may operate or conduct any Games of

Chance within the boundaries of the Reservation except in accordance with the provisions of this Gaming

Ordinance.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

7
b. Ownership of Gamin2 Enterprise The Pueblo of Tesuque, acting through the

Council, shall have the sole proprietary interest in and responsibility for any Gaming Operation conducted

on the Reservation.

c. Protection of the Environment, Public and Employee Safety, and Property

The Pueblo shall construct, maintain, and operate all Gaming Facilities, and all activities taking place at

a Gaming Facility shall be conducted, in a manner that adequately protects the environment and the public

health and safety.

d. Licensing Procedures Licensing procedures shall be adopted by the Commission

and such procedures shall be enforced strictly for all employees of Class II and Class III Gaming

operations pursuant to 25 C.F.R. § 558.1(b), including but not limited to the Manager, Primary

Management Officials, Key Employees, and all others subject to the licensing requirements ofthis Gaming

Ordinance.

e. Providers of Class Ill Gaming Equipment Any and all Class III Gaming

Machines, Gaming Devices, equipment, or supplies to be used by the Pueblo of Tesuque or Gaming

Enterprise in conducting Class III Gaming shall comply with the standards imposed by the State ofNevada

on Class III Gaming Machines, Gaming Devices, equipment, or supplies. Compliance with such standards

shall begin no later than thirty (30) days after the effective date of the Compact, provided that any and all

Class III Gaming Machines, Gaming Devices, equipment, or supplies already in use at a Gaming Facility

on the effective date of the Compact shall be replaced or upgraded, if necessary, to comply with such

standards by no later than one (1) year after the effective date of the Compact. Before the Gaming

Enterprise may enter into any future lease or purchase agreement for Class III Gaming Machines, Gaming

Devices, equipment, or supplies, the Commission shall obtain sufficient information and identification

from the proposed seller or lessor and all persons holding any direct or indirect financial interest in the

PUF.BLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

8
seller or lessor or the lease or purchase agreement to permit the Commission to license those persons in

accordance with the licensing requirements in this Gaming Ordinance. The seller, lessor, manufacturer,

or distributor shall provide, assemble, and install all Class III Gaming Machines, Gaming Devices,

equipment, and supplies in a manner approved by the Commission.

SECTION 6. PUEBLO OF TESUQUE GAMING COMMISSION

a. Establishment of Commission The Pueblo of Tesuque Gaming Commission is

hereby established for purposes of regulating all Games of Chance and other activity taking place in any

Gaming Facility within the Reservation and enforcing this Gaming Ordinance. The Commission shall be

an agency of the Tribal Government.

b. Powers and Duties The Commission shall have the following powers and duties:

1. To permit or refuse to permit the operation or conduct of any Games of

Chance within the Reservation and to specify the conditions therefor, provided that the operation or

conduct of any Games of Chance must be approved by a Resolution of the Council.

2. Subject to appeal pursuant to Section 11 of this Gaming Ordinance, to

grant, deny, condition, suspend, reinstate, revoke, or renew any and all Licenses issued or required to be

issued in accordance with this Gaming Ordinance, and to hear and decide matters affecting such granting,

denying, conditioning, suspending, reinstating, revoking, or renewing of Licenses.

3. To monitor and oversee on a continuing basis the operation and conduct

of all Games of Chance and other activity taking place in any Gaming Facility within the Reservation,

including but not limited to ongoing monitoring and oversight of Licensees engaged in the operation and

conduct of such games.

4. To inspect and examine all Gaming Facilities within the Reservation at

which Games of Chance are played during all hours of Class II and Class III Gaming Activity and to have

PUEBLO OF TESUQUE CAMING ORDINANCE

wJC - ~ooI

9
immediate, unrestricted access to any and all areas of a Gaming Facility to ensure that all Gaming

Facilities are constructed, operated, and maintained in a manner that adequately protects the environment

and the public health and safety, and otherwise ensures compliance with this Gaming Ordinance, the

Compact, and National Indian Gaming Commission regulations.

5. To promulgate rules for any Class II or Class III Gaming Activity on the

Reservation, except that rules for Class III activities shall not be in conflict with rules, if any, adopted

under the Compact or federal regulations enacted to implement IGRA.

6. To promulgate rules and regulations, in addition to those required by

Section 6(b)(5) above, as it deems appropriate to implement the provisions of this Gaming Ordinance.

7. To enforce Technical Standards, Minimum Internal Control Standards, and

any other standards required by the National Indian Gaming Commission or other federal or tribal law.

8. To prepare and provide the Gaming Enterprise with the formula to

calculate the monthly minimum bankroll requirement, and to review the Gaming Enterprises monthly

calculation.

9. To conduct or cause to be conducted background investigations ofpersons

involved, directly or indirectly, in the operation or conduct of Games of Chance within the Reservation.

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

respecting Gaming Activities operated or conducted within the Reservation and any other matters

necessary to carry out the duties of the Commission under this Gaming Ordinance, including all activity

conducted at a Gaming Facility.

11. To obtain an order of the Tribal Court to enforce the Commissions

authority to inspect, examine, photocopy, and audit all papers, books, and records as authorized by Section

6(b)(l0) above.

PIJEBI,O OF TESUQUF. GAMING ORDINANCE

wJc - 2001

10
12. Subject to the approval of the Council, to negotiate and enter into, on

behalf of the Pueblo, contracts, Memoranda of Understanding, and Joint Powers Agreements with tribal,

federal, state, and private entities for activities necessary to the discharge of the duties of the Commission

and to contract with the National Indian Gaming Commission for the enforcement of federal regulations

governing gaming on Indian reservations.

13. To establish and collect license and permit fees, investigation fees, and

regulatory fees to defray costs associated with the Commissions regulatory activities, provided that the

license fee payable by a provider of Gaming Services, and the license or permit fee payable by a provider

ofnon-Gaming Services, shall be based on a percentage ofthe gross receipts ofthe providers sales, leases,

or other transactions with the Gaming Facility(ies) on the Reservation.

14. To issue subpoenas to require the attendance and testimony of witnesses

and the production of all books, papers, and documents relating to any matter under review, consideration,

or investigation by the Commission, and to bring actions in the Tribal Court for the enforcement of such

subpoenas.

15. To bring suit in the Tribal Court seeking temporary and permanent orders

closing a Game of Chance in accord with this Gaining Ordinance.

16. To bring suit in the Tribal Court seeking sanctions, including civil

monetary sanctions, for violations of this Gaming Ordinance, of any regulations promulgated hereunder,

or of the Compact.

17. To assess civil administrative fines for violations of this Gaming

Ordinance, of any regulations promulgated hereunder, or of the Compact.

18. To hold sucn heanngs, to sit and act at such times and places, and to take

testimony and receive such evidence as the Commission deems relevant in fulfilling its duties.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

11
19. To administer oaths and affirmations to witnesses appearing before the

Commission.

20. To implement and administer a system, including the promulgation of

regulations, for investigating and licensing management, employees, vendors, and others connected with

Gaming Activities and other activities taking place at a Gaming Facility, including the issuance of Facility

licenses to Gaming Facilities, and the issuance of temporary and other licenses to individuals and entities,

and the verification of internal controls, as required by this Gaming Ordinance, IGRA, and the Compact

or equivalent procedures prescribed by the Secretary.

21. Subject to the approval of the Council and as further set forth in Section

6(m) of this Gaming Ordinance, to adopt the budget of the Commission at least annually and to adopt

modifications of such budget.

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

and correct record of all proceedings before the Commission.

23. To recommend amendments to this Gaming Oidinance to the Council.

24. To submit quarterly reports to the Council on the activities of the

Commission, which reports shall include information on funding, revenues, and expenses.

25. To require an audit and a certified financial statement, by an independent

certified public accountant licensed by the State of New Mexico, covering all financial activities of the

Gaming Enterprise.

26. To carry out the responsibilities and exercise the rights of the Tribal

Gaming Agency under the Compact, to obtain any necessary approvals from the Governor or Council for

all such activities, and to report to the Governor and Council on all such activities annually and upon

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC -2001

12
request, and to inspect and make copies ofNew Mexico state records concerned with all Class III Gaming

conducted under this Gaming Ordinance.

27. To hire and fire employees of the Commission as necessary to discharge

the Commissions duties,provided that all such Commission employees shall be required to submit to and

satisfactorily pass a background investigation.

28. To investigate any suspicion of wrongdoing related to any activity

conducted at a Gaming Facility, to record and investigate unusual occurrences related to Class II and Class

III Gaming at a Gaming Facility, and to cause persons who may be involved in illegal acts to be detained

for the purpose of notifying appropriate law enforcement authorities.

29. To conduct or cause to be conducted such investigation as may be

necessary to determine, in connection with any activity conducted at a Gaming Facility, compliance with

law, including this Gaming Ordinance, or with any contracts or agreements related to activity conducted

at a Gaming Facility.

30. To certify Management Contracts in accordance with this Gaming

Ordinance.

31. To hear appeals in accordance with this Gaming Ordinance.

32. To ensure that revenues from any Gaming Activities on the Reservation

are used only in accordance with this Gaming Ordinance, IGRA, and the Compact.

33. To maintain a compilation of all laws and regulations concerning the

operation of Games of Chance on the Reservation.

34. To take such action as may be reasonable and appropriate to enforce this

Gaming Ordinance and the rules and regulations of the Commission.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC -2001

13
c. Independent Decision Making Authority Notwithstanding the fact that the

Commission is an agency of Tribal Government, the decisions of the Commission regarding licensing,

suitability, compliance with applicable law, and other regulatory matters shall be within the exclusive

province of the Commission, provided that any person or entity adversely affected by a ruling of the

Commission, including but not limited to the Gaming Enterprise or any employee thereof, may petition

the Tribal Court for review of such decision in accordance with Sections 11 (f) and 13(c) and (d) of this

Gaming Ordinance.

d. Procedure for Promulgation of Regulations The Commission shall comply

with the following procedure when promulgating rules and regulations authorized by this Gaming

Ordinance:

1. The Commission shall first hold an informal meeting with the Manager

andlor other representative(s) of the Gaming Enterprise to discuss the purpose of the proposed regulation

and its substantive content. The Gaming Enterprise shall be given an opportunity to advise the

Commission of any policy concerns.

2. After the Gaming Enterprise has had an opportunity to advise the

Commission of its concerns, the Commission shall put the proposed regulation in a form for formal

circulation and comment. At a minimum, the proposed regulation shall be mailed to the Gaming

Enterprise, to the Manager, and to each party known by the Commission to be directly affected by the

proposed regulation, and copies of the proposed regulation shall be posted at the tribal administration

offices, at the Gaming Enterprise offices, and at each Gaming Facility, provided that notice of any

proposed regulation directly affecting employees of the Gaming Enterprise shall be satisfied by posting

the proposed regulation at the Gaming Enterprise offices and at each Gaming Facility. The Commission

shall allow a minimum of fourteen (14) and a maximum of thirty (30) calendar days for comment.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

14
3. The Commission may receive comments from all interested parties. After

considering all comments, the Commission shall publish the regulation in final form by posting a copy of

the final regulation in the tribal administration offices, at the Gaming Enterprise offices, and at each

Gaming Facility, and by sending a copy of the final regulation to the Gaming Enterprise, to the Manager,

and to each party known by the Commission to be directly affected by the subject of the proposed

regulation, provided that notice of any proposed regulation directly affecting employees of the Gaming

Enterprise shall be satisfied by posting the final regulation at the Gaming Enterprise offices and at each

Gaming Facility.

4. The regulation shall become effective upon publication by posting and

circulation as specified in Subsection 6(d)(3) above.

5. Copies of all regulations promulgated by the Commission shall be kept

in the Commissions office for public inspection and copying during normal office hours, Monday through

Friday, excluding holidays. Copies of all Tribal Council resolutions involving gaming or that affect

gaming, shall be kept with documents in the Commission offices showing tribal laws and regulations in

effect.

6. Council approval is not necessary for any Commission rule or regulation

to take effect, but the Council shall have the power. prior or subsequent to the effective date of the

regulation, to modify or rescind any regulation.

e. Composition; Selection; Term The Commission shall consist of three (3) full

time Commissioners appointed by the Council. A Commissioner may be involuntarily removed from

office only by the Council, and only for cause and pursuant to the procedures set forth in Subsection (h)

of this Section.

PUEBLO OF TESUQUE CAMINC ORDINANCE

WJC - 2001

15
f. Qualification of Commissioners Two (2) Commissioners must be Members of

the Pueblo of Tesuque, and one (1) Commissioner must be a non-member of the Pueblo of Tesuque. No

person shall be eligible or qualified to serve or continue to serve as Commissioner or as an appointee or

employee of the Commission, who:

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

2. Has any financial interest in, or management responsibility for, any

Gaming Activity or supplier ofany Gaming Device (except that marriage to an individual who is employed

by the Gaming Enterprise but not as a Key Employee or Primary Management Official is permitted); or

3. Has a financial interest in, or management responsibility for, any

Management Contract submitted to the Council for review or approval.

g. Licensing of Commissioners Commissioners shall be licensed by the

Commission. Notwithstanding any other provision of this Gaming Ordinance, the decision of the

Commission to grant a license to a proposed appointee to the office of Commissioner shall require the

ratification of the Council. Upon conclusion of the required background investigation and after making

its suitability determination, the Commission shall forward to the Governor its determination that the

proposed appointee is suitable for licensing and that a License should be granted. The Council shall decide

whether or not to ratify the Commissions suitability finding. In making its decision, the Council may

review the background investigation material gathered by the Commission, provided that each Council

member shall first sign a confidentiality agreement (or any other agreement required by an applicable

federal agency) expressly agreeing that he shall not disclose the background information to any other

person. The Councils refusal to ratify the Commissions decision to grant a License to a proposed

appointee shall be final and not subject to appeal.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC -2001

16
h. Removal of Commissioners A Commissioner may be involuntarily removed

from office by the Council only for cause and only in accordance with the following procedures:

I. Removal of a Commissioner may be initiated by a member or members

of the Council, who shall provide the Governor with a written request specifying the cause for removal,

signed by not fewer than six (6) members of the Council;

2. The cause for removal shall be limited to: (i) conviction in any court of

a felony or crime involving moral turpitude; (ii) failure to meet or maintain the qualifications for

Commissioners set forth in Subsection (f) of this Section; (iii) gross neglect of duty; (iv) malfeasance in

office; or (v) conduct that amounts to gross and intentional disregard ofthe laws and procedures applicable

to the affairs of the Commission;

3. Not less than twenty (20) nor more than thirty (30) days following receipt

of the written request for removal, the Council shall convene a special meeting for the sole purpose of

voting on the removal of the Commissioner. Before any vote is taken, the Commissioner shall be given

a full opportunity, either in person or through a representative of his or her choice, to answer or otherwise

respond to any and all charges against him or her; and

4. To remove a Commissioner from office, the affirmative vote of no fewer

than six (6) of the members of the Council is required.

i. Resignations and Vacancies A Commissioner may resign at any time by giving

written notice to the Chairperson of the Commission and to the Governor. The resignation shall become

effective at the time specified in such notice, and the acceptance of such resignation shall not be necessary

to make it effective. Any vacancy on the Commission, howsoever caused, shall be filled for the unexpired

portion of the vacated Commissioners term by a qualified person appointed by the Governor with the

written consent of the Council.

PUEBLO OF TESUQUE CAMING ORDINANCE

wJc - 2001

17
j. Selection of Officers The Commission shall select annually by majority vote one

of its members to serve as Chairperson and one of its members to serve as Vice Chairperson/Secretary.

The Vice Chairperson/Secretary shall serve as Chairperson during meetings of the Commission at which

the Chairperson is absent.

k. Motions and Resolutions~ Meetings~ Quorum The powers of the Commission

are vested in the Commissioners. All official actions of the Commission shall be taken by motion or

resolution approved by the affirmative vote of a majority of the Commission. The Commission shall meet

at the call of the Chairperson or a majority of the Commissioners. Two (2) members of the Commission

shall comprise a quorum.

I. Cooperation with Law Enforcement A2encies The Commission may cooperate

with law enforcement officials of the State of New Mexico, the Bureau of Indian Affairs, the Federal

Bureau ofInvestigation, and other law enforcement agencies, when such cooperation is in the best interests

of the Pueblo of Tesuque and will assist in assuring that fair, honest, and efficient Games of Chance are

operated and conducted within the Reservation.

m. Budget The Commissions budget shall be funded from the following sources,

which shall be reflected as revenues on the budget submitted annually by the Commission to the Council

for approval:

1 All license fees required by this Gaming Ordinance, which shall be payable

to and retained by the Commission;

2. An annual regulatory fee oftwo hundred fifty thousand dollars ($250,000),

payable by the Gaming Enterprise directly to the Commission in twelve (12) equal monthly installments;

3. Such other amounts as the Commission may request and the Council may

grant; and

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 200!

18
4. The fee assessed in Subsections (m)(2) above shall increase by three

percent (3%) each year, beginning on the first day of January, 2003.

n. Compensation The Commissioners shall be compensated as determined by the

Council.

SECTION 7. LICENSES FOR OPERATING AND CONDUCTING GAMES OF

CHANCE

a. Licenses ReQuired

1. Gaming Commissioners. Each member of the Commission shall be

licensed by the Commission, subject to Council ratification as required by Section 6(g) of this Gaming

Ordinance, and subject to a background investigation.

2. Gaming Facility. Each place, facility, or location on the Reservation

where the Pueblo elects to engage in Gaming Activities shall be licensed by the Commission.

3. Gaming Enterprise. The Gaming Enterprise shall be licensed by the

Commission.

4. Gaming Employees. All Gaming Employees shall be licensed by the

Commission and subject to background investigations. For purposes of this Section, Gaming Employee

means any natural person employed by the Gaming Enterprise, including but not limited to the Manager,

Key Employees, and Primary Management Officials, and regardless of whether or not the employees

duties involve direct involvement in or contact with Gaming Activities.

5. Management Contractors. All Management Contractors, including their

principals, Primary Management Officials, Key Employees, and shareholders having in excess of 5%

ownership, shall be licensed by the Commission and subject to background investigations.

6. Providers of Gaming Devices, Equipment, or Services. Any person

proposing to sell or lease any Gaming Device, Gaming Equipment, or to provide Gaming Services to a

PUEBLO OF TESUQUF. CAMING ORDINANCE

WJC. 2001

19
Gaming Enterprise shall be licensed by the Commission and subject to background investigation before

being permitted to sell or lease any Gaming Device or Gaming Equipment or to provide any Gaming

Services to any Gaming Enterprise, Gaming Facility, or Management Contractor.

7. Providers of Non-Gaming Services. Any person proposing to sell, lease,

or provide Non-Gaming Services to a Gaming Enterprise shall be issued a license or a permit by the

Commission and subject to background investigation before being permitted to sell, lease, or provide NonGaming Services to any Gaming Enterprise, Gaming Facility, or Management Contractor. Individual

principals, Key Employees, Primaty Management Officials, and other employees of Providers of NonGaming Services shall be licensed and subject to background investigation to the extent deemed necessary

and appropriate by the Commission, taking into consideration such factors as (but not limited to) the nature

of the service provided, the size and geographical location of the Providers offices, and the extent of any

individuals access to the Gaming Facility.

8. Lenders, Investors, and Providers of Financial Services. Lenders,

investors, and providers of financial services, and such agents, employees, and major shareholders of such

persons as required by the Commission, shall be licensed by the Commission and subject to background

investigation.

b. License Application Each applicant for a License shall file with the Commission

a written application in the form prescribed by the Commission, along with the applicants fingerprint card,

current photograph, and the fee required by the Commission.

1. The following notice shall be placed on the application form for all

employees before that form is filled out by an applicant:

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

provided: Solicitation of the information on this form is authorized by 25

U.S.C. §~27Oi, et seq. The purpose of the requested information is to

determine the eligibility of individuals to be employed in a Gaming

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

20
Operation. The information will be used by members and staff of the

Tesuque Gaming Commission and the National Indian Gaming

Commission, which 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 investigation or

prosecution or when, pursuant to a requirement by a tribe or the National

Indian Gaming Commission, the information is relevant to the hiring or

firing of an employee, the issuance or revocation of a gaming license, or

investigation of activities while associated with a tribe or a Gaming

Operation. Failure to consent to the disclosures indicated in this notice

will result in a tribes being unable to hire you in a primary management

official or key employee position with a tribal gaming enterprise

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

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

application.

2. Existing Key Employees and Primary Management Officials shall be

notified in writing that they shall either:

A. Complete a new application form that contains the Privacy Act

notice, or

B. Sign a statement that contains the Privacy Act notice and consent

to the routine uses described in that notice.

3. The following notice shall be placed on the application form for all

employees before that form is filled out by an applicant:

A false statement on any part of your application may be grounds for not

hiring you, or for firing you after you begin work. Also, you may be

punished by fine or imprisonment. See 18 U.S.C. § 1001.

4. The Commission shall notify all existing employees in writing that they

shall either:

A. Complete a new application form that contains a notice regarding

false statements; or

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

21
B. Sign a statement that contains the notice regarding false statements.

c. Back2round Investigations

1. Upon receipt of a completed application and the required fee, the

Commission shall conduct or cause to be conducted a background investigation to ensure that the applicant

is qualified for licensing.

2. The background investigation shall be at least as stringent as is required

by the Compact and 25 C.F.R. Part 556, and shall provide all available information necessary to the

determination required under 25 C.F.R. § 558.2. In particular, the Commission shall cause a thorough

criminal history check to be made of each applicant, by having the National Indian Gaming Commission

process the applicants fingerprint card through the Federal Bureau of Investigation.

3. The Commission shall request from each applicant, and from each

principal, Primary Management Official, and Key Employee of each applicant, all of the following

inforriration:

A. Full name, other names used (oral or written), social security

number(s), birth date, place of birth, citizenship, gender, and all languages spoken or written;

B. Currently and for the previous ten (10) years, business and

employment positions held, ownership interests in those businesses, business and residence addresses, and

drivers license numbers; provided that all applicants for positions as Primary Management Official, Key

Employee, Management Contractor, manufacturer or supplier of Gaming Machines or Gaming Devices,

andlor a person providing Gaming Services, must provide such information currently and from the age of

eighteen (18);

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

22
C. The names and current addresses of at least three (3) personal

references, including one (1) personal reference who was acquainted with the applicant during each period

of residence listed in Subsection (c)(3)(B) of this Section;

D. Current business and residence telephone numbers;

E. A description of any existing and previous business relationships

with Indian tribes, including ownership interests in those businesses, and a description of any potential or

actual conflict of interest between such businesses and Indian tribes;

F. A description of any existing and previous business relationships

in the gaming industry, including but not limited to ownership interests in those businesses;

G. The name and address of any licensing or regulatory agency with

which the applicant has filed an application for a license or permit related to gaming, whether or not such

license or permit was granted;

H. For each felony charge for which there is an ongoing prosecution

or a conviction, the charge, the date of the charge, the name and address of the court involved, and the

disposition, if any;

I. For each misdemeanor charge for which there is an ongoing

prosecution or conviction (excluding minor traffic charges), the charge, the date of the charge, the name

and address of the court involved, and the disposition, if any;

J. For each criminal charge (excluding minor traffic charges),

whether or not there is a conviction, if such criminal charge is not otherwise listed pursuant to Subsection

(c)(3)(H) or (c)(3)(I) of this Section, the criminal charge, the date of the charge, the name and address of

the court invohed, and the disposition, if any;

PUEBLO OF TF.SUQUE GAMING ORDINANCE

WJC - 2001

23
K. The name and address of any licensing or regulatory agency with

which the person has filed an application for an occupational license or permit, as an applicant, principal,

Primary Management Official, or Key Employee, and whether or not such license or permit was granted;

L. A current photograph;

M. Fingerprints taken by the Commission;

N. The fee required by the Commission; and

0. Any other information, including tax returns, financial statements,

or other financial information, that the Commission deems relevant.

4. In conducting a background investigation, the Commission and its agents

shall promise to keep confidential the identity ofeach person interviewed in the course ofthe investigation.

5. Background checks of applicants will be performed pursuant to the

following procedures:

A. The Commission will provide applications to potential applicants

upon request, and shall collect and maintain the applications;

B. The Commission shall investigate or cause to be investigated the

information provided in the applications. Such investigation will include: (i) contacting persons or entities

identified in the application and verifying by written or oral communication that the information contained

in the application is accurate; (ii) interviewing a sufficient number of knowledgeable people, such as

former employers, partners, business associates, and others referred to in the application, to provide a basis

for the Commission to make a determination on whether the applicant meets applicable eligibility

requirements; (iii) reviewing relevant financial records of the applicant for the three (3) years preceding

the application; and (iv) contacting any state, federal, or other government agency that is referred to in the

application.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC -2001

24
C. The Commission shall document any information obtained that

calls into question whether the applicant meets the eligibility requirements under this Gaming Ordinance.

The disposition of these problem areas shall be documented in detail, indicating the follow-up

investigations performed on the problem areas and the result of such investigations.

D. The Commission will review the results of the investigation for

all persons subject to licensing, including a determination as to the scope of the investigation and whether

sufficient information was obtained and verified. If such information is found to be insufficient, the

Commission will perform additional investigations.

E. Once the investigation is complete, the Commission will decide

whether the applicant meets the eligibility requirements under the Gaming Ordinance.

F. In conducting a background investigation and review, the

Commission and its agents and all persons privy to the information shall keep confidential the identity of

each person interviewed in the course of investigation.

d. Temporary License Within twenty (20) days of the receipt of a completed

application for licensing, and upon request ofan applicant, the Commission may issue a temporary License

to the applicant unless the background investigation undertaken discloses that the applicant has a criminal

history, or unless other grounds sufficient to disqualify the applicant are apparent on the face of the

application. The Commission may suspend a Temporary License, pending further investigation, if

additional information comes to light in the course of the investigation suggesting that the Applicant will

not qualify for a License or if the Applicant has made a false statement or deliberately or substantially

failed to provide information to the Commission. The Temporary License shall become void and be of

no effect upon either (1) the issuance of the License; (2) the issuance of a notice of denial; or (3) ninety

(90) days after the Licensee has begun working.

PUEBLO OF TES(JQUE GAMING ORDINANCE

WJC -2001

25
e. Eligibility Determination The Commission shall review the persons prior

activities, criminal record, if any, and reputation, habit, and associations to make a finding concerning the

eligibility of an applicant, or a principal, Key Employee, or Primary Management Official ofan applicant,

for employment or involvement in the Gaming Enterprise. Upon completion of the investigation, the

Commission shall either determine that an applicant is eligible to be licensed or deny the application. If

the Commission determines that employment or involvement of any person or applicant poses a threat to

the public interest or to the effective regulation of any Gaming Activity, or creates or enhances dangers

of unsuitable, unfair, or illegal practices and methods and activities of any Gaming Operation, the

Commission shall deny the application.

f. Additional Background Investigations The Commission retains the right to

conduct additional background investigations of any person required to be licensed at any time while the

license is valid.

g. Procedures for Forwarding Applications and Reports for Key Employees and

Primary Management Officials to the National Indian Gaming Commission and the State Gaming

Representative

1. When a Key Employee or Primary Management Official begins work at

the Gaming Enterprise, the Commission shall forward to the National Indian Gaming Commission and the

State Gaming Representative a completed application for employment and conduct the background

investigation and make the eligibility determination referred to in Subsection (e) of this Section.

2. The Commission shall forward the report referred to in Subsection (h) of

this Section to the National Indian Gaming Commission and the State Gaming Representative within sixty

(60) days after an employee begins work.

3. The Gaming Enterprise shall not employ as a Key Employee or Primary

Management Official a person who does not have a License after ninety (90) days.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC. 2001

26
h. Report to the National Indian Gamin2 Commission and the State Gaming

Representative

1. Pursuant to the procedures set out in Subsection (g) of this Section, the

Commission shall prepare and forward to the National Indian Gaming Commission and to the State

Gaming Representative an investigative report on each background investigation on each applicant for a

License. An investigative report shall include all of the following:

A. steps taken in conducting the background investigation;

B. results obtained;

C. conclusions reached; and

D. the bases for those conclusions.

2. The Commission shall submit with the report a copy of the eligibility

determination made under Subsection (e) of this Section.

3. If a license is not issued to an applicant, the Commission:

A. Shall notify the National Indian Gaming Commission and State

Gaming Representative; and

B. May forward copies of its eligibility determination and

investigative report (if any) to the National Indian Gaming Commission for inclusion in the Indian Gaming

Individuals Records System.

4. With respect to principals, Key Employees, or Primary Management

Officials, the Commission shall retain applications for employment and reports (if any) of background

investigations for no less than three (3) years from the date of termination of employment.

i. Granting of a Gaming License

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

Commission receives an investigative report, the National Indian Gaming Commission notifies the

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

27
Commission that it has no objection to the issuance ofa License, and the State Gaming Representative has

no objections within thirty (30) days following its receipt of an investigative report, the Commission may

issue a License to the applicant.

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

the Chairman of the National Indian Gaming Commission or the State Gaming Representative concerning

a principal, Key Employee, or Primary Management Official who is the subject of an investigative report.

Such a request shall suspend the thirty (30) day period under Subsection (i)( 1) of this Section until the

Chairman of the National Indian Gaming Commission and/or State Gaming Representative receives the

additional information; provided that, in no event shall a request for additional information by the State

Gaming Representative extend the thirty (30) day period under Subsection (i)( 1) of this Section for a total

period of more than sixty (60) days from the date the State Gaming Representative received the

investigative report.

3. If, within the thirty (30) day period described above, the National Indian

Gaming Commission or State Gaming Representative provides the Commission with a statement itemizing

objections to the issuance of a License to a principal, Key Employee, or Primary Management Official for

whom the Commission has provided an application and investigative report, the Commission shall

reconsider the application, taking into account the objections itemized by the National Indian Gaming

Commission and/or State Gaming Representative, and shall make a final decision whether to issue a

License to such applicant.

j. Duration and Renewal of Licenses A License shall be effective for a time

period to be specified by the Commission, not to exceed three (3) years from the date of its issuance;

provided that, a Licensee that has applied timely for a renewal may continue to be employed or engaged

or to conduct business under an expired License until action is taken on the renewal application by the

PUEBLO OF TESUQUF. GAMING ORDINANCE

WJC - 2001

28
Commission. Applicants seeking renewal of a License shall pay a renewal fee and update information,

as requested, on the appropriate renewal forms, but, in the discretion of the Commission, may not be

required to resubmit historical data already available to the Commission.

SECTION 8. MANAGEMENT CONTRACT

a. Hiring of Manager The Council may hire and employ a Manager to manage

and direct the day-to-day business affairs of the Gaming Enterprise. The Manager may be hired directly

as an employee of the Pueblo of Tesuque or pursuant to a written Management Contract. A Management

Contract must conform to the requirements of this Gaming Ordinance, tribal law, and the Indian Gaming

Regulatory Act and regulations promulgated thereunder, and any such contract must be approved by the

Council in accordance with the provisions of this Section, and must further be approved by the Chairman

of the National Indian Gaming Commission in accordance with the provisions of25 C.F.R. Part 533. The

Council shall provide the Commission with a copy of every contract employing a Manager, regardless of

whether the Manager is hired directly as an employee of the Pueblo or pursuant to a written Management

Contract.

b. License Required Upon Approval of Management Contract Upon approval

of any Management Contract, all principals, Primary Management Officials, and Key Employees of the

Management Contractor must obtain a License from the Commission within sixty (60) days.

c. Standards for Approval The Council may approve a Management Contract only

if the contract provides:

1. For the adoption and maintenance of adequate accounting procedures and

for verifiable financial reports to be prepared and submitted to the Council on a monthly basis;

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC -2001

29
2. For access of the Commission to the Gaming Operations and for

permission for the Commission to verify the daily gross revenues and income made from Class II and

Class III Gaming Activity.

3. For a minimum guaranteed payment to the Pueblo of Tesuque, which

payment must be made prior to retirement of any development and construction costs;

4. For an agreed ceiling for the repayment of development and construction

costs;

5. For a contract term not to exceed five (5) years, except that the Council

may authorize a contract term that exceeds five (5) years but does not exceed seven (7) years if the Council

is satisfied that the investment required and the income projections for the Gaming Operation require the

additional time;

6. For grounds and procedures for terminating such contract;

7. That the Management Contractor has no authority to waive the Pueblo of

Tesuques sovereign immunity without a duly passed resolution of the Council on a contract by contract

basis;

8. Requires that all Gaming Activity covered by the Management Contract

will be conducted in accordance with this Gaming Ordinance and regulations promulgated hereunder, the

Compact, if applicable, and the Indian Gaming Regulatory Act; and

9. All other provisions required by 25 C.F.R. § 531.1.

d. Management Contract Fees The Council may approve a Management Contract

providing for a fee based upon a percentage of the Net Revenues. Such fee shall not exceed thirty percent

(30%) of the Net Revenues, except that the Council may approve a Management Contract providing for

a fee that exceeds thirty percent (300/0) but not forty percent (40%) of the Net Revenues of a Gaming

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

30
Activity if the Council is satisfied that the capital investment required and income projections for such

Gaming Activity require the additional fee.

e. Grounds for Disapproval The Council shall not approve any Management

Contract if the Council determines that:

I. The Management Contractor, or any principal, Primary Management

Official, or Key Employee of the Management Contractor, is not licensed or is ineligible to be licensed;

or

2. A trustee, exercising the skill and diligence that a trustee is commonly held

to, would not approve the contract.

f. Modification and Revocation of Management Contract The Council shall have

the authority to require appropriate contract modifications and may void any Management Contract if it

determines that this Gaming Ordinance or the Management Contract has been violated.

g. Mana2ement Contract Bindini~ Upon Approval No Management Contract, and

no modification, revision, or amendment thereto, shall be binding upon the Pueblo of Tesuque unless and

until approved by the Council and by the Secretary of the Interior or the Chairman of the National Indian

Gaming Commission and forwarded to the Commission.

SECTION 9. FINANCIAL PRACTICES AND REPORTING

a. Monthly Reports On or before the tenth (10th) day of each month, the Manager

shall file with the Commission and the Council a certified financial report for the preceding calendar

month showing the amount of Gross Receipts derived by the Gaming Enterprise, the operating expenses

incurred or paid, the specific classifications of such expenses, and the Net Revenues derived from the

Gaming Enterprise. The monthly financial report shall be accompanied by a separate document

calculating the Gaming Enterprises minimum bankroll requirements for the coming month, determined

PUEBLO OF TESLJQUE CAMING ORDINANCE

wJc - 2001

31
pursuant to the formula provided by the Commission. Both the Manager and the Comptroller (or other

Chief Financial Officer) of the Gaming Enterprise shall sign such monthly reports, certifying that the

report is true and correct to the best of their knowledge. It is the duty of the Manager to maintain and keep

such books and records as may be necessary to substantiate the particulars of each report. If the Manager

fails to file a report within the time allowed, or if a report is not properly certified or not fully, accurately,

and truthfully completed, the License of the Manager may be suspended until the deficiency has been

corrected.

b. Maintenance of Books and Records; Commission Access Full and accurate

books of account, maintained in accordance with generally accepted accounting principles consistently

applied, shall be kept on the premises of a Gaming Facility showing the condition of the business and all

transactions conducted by the Gaming Enterprise. The Commission and the Council shall have access to

such books of account and shall be entitled to examine them in any form or medium without notice at any

rime, either in person or by an agent, and the Managers consent to such access and examination shall not

be necessary. All records required to be kept by this Section in whatever form or medium shall be

maintained for not less than five (5) years. Such records shall include:

Revenues, expenses, assets, liabilities, and equity for each Gaming

Enterprise;

2. Daily cash transactions for each Class III Gaming Activity at each Gaming

Facility, including but not limited to transactions relating to each gaming table bank, game dropbox, and

gaming room bank;

3. All returned checks, hold checks, or other similar credit instmments~

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

32
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 that show the total amount of cash wagered and the total amount of prizes won;

5. Contracts, correspondence, and other transaction documents relating to

all vendors and contractors;

6. Records of all tribal gaming enforcement activities;

7. Audits prepared by or on behalf of the Pueblo of Tesuque or the Gaming

Enterprise;

8. Personnel information on all Gaming Employees, including rotation sheets,

hours worked, employee profiles, and background checks, if in the possession of the Gaming Enterprise.

c. Allowable Operating Expenses No item of expense shall be incurred or paid

in connection with operating or conducting any Gaming Operation except a bona fide expense in a

reasonable amount. Expenses may be incurred for such items and purposes that a similar enterprise would

incur or pay under generally acceptable accounting principles, including but not limited to the following:

1. For the purchase of goods, wares, and merchandise furnished;

2. For services rendered by the Manager (including repayment of

development fees and construction costs, if any) for maintenance or reports of gaming and related

equipment, and for operating or conducting Games of Chance;

3. For regulatory fees required to be paid to the Pueblo of Tesuque, the

National Indian Gaming Commission, or the State of New Mexico under the Compact;

4. For rent, janitorial, and security services;

5. For legal and accounting fees;

6. For taxes and license fees;

PUEBLO OF TESUQUE GAMI~C ORDINANCE

WJC - 2001

33
7. For utilities and trash removal costs;

8. For advertising;

9. For vehicle expenses;

10. For insurance;

11. For the interest portion of any debt payments;

12. For employee training;

13. For necessary and appropriate business travel;

14. For employee wages; and

IS. For prizes for winners of Games of Chance.

d. Deposit of Cross Receipts~ Payment of Operating Expenses All Gross

Receipts shall be deposited in a separate Gaming General Operating Account of the Pueblo of Tesuque

which shall contain only gross receipts. All operating expenses shall be withdrawn from such account by

consecutively numbered checks duly signed by the Manager or an official or officials designated by the

Manager payable to a specific person or organization.

e. Annual Audit

1. The Council shall retain a certified public accountant, licensed by the State

of New Mexico, as the independent outside auditor of the Gaming Enterprise. The auditor shall conduct

an annual outside independent certified audit of all activities being conducted by the Gaming Enterprise.

The audit shall be prepared in accordance with generally accepted accounting principles consistently

applied. The auditor shall report on the auditors examination of the books and records of the Gaming

Enterprise and on the auditors recommendations with respect to the management of the Gaming

Enterprise and any failure to comply with applicable law or contractual obligations. Prior to

commencement of the audit, the Council and the auditor, in consultation with the Commission and the

PUEBLO OF TESUQUE CAMING ORDINANCE

WJC -2001

34
Manager, shall define the scope of the audit. The Council and the Commission may, in their discretion,

require that the scope of the audit be expanded to better reflect the financial operations, condition, and

obligations ofthe Gaming Enterprise. The Commission may designate an individual from the Commission

to observe and maintain communication with the independent auditor once the Council has selected the

auditing firm.

2. The Gaming Enterprise, within one hundred and twenty (120) days of the

close of the Pueblo of Tesuques fiscal year, shall deliver the annual outside certified audit and financial

statement to the Council, the Commission, and the National Indian Gaming Commission in accordance

with all applicable regulations.

3. The Commission, within one hundred and twenty (120) days of receiving

the audit and certified financial statement, shall furnish copies ofthe audit and certified financial statement

covering all Class III Gaming of the Gaming Enterprise to the State Gaming Representative and the State

Treasurer, to the extent required by the Compact.

f. Audit of Contracts All gaming related contracts for supplies, services, or

merchandise, in an amount greater than $25,000 annually, except contracts for professional legal or

accounting services, shall be specifically included within the annual outside independent certified audit

referred to in Subsection (e) of this Section.

g. Disposition of Net Revenues The Net Revenues derived from any Gaming

Operation shall be deposited into the general fund of the Pueblo of Tesuque and shall not be used for

purposes other than:

1. To fund Pueblo of Tesuque governmental operations and programs;

2. To provide for the general welfare of the Pueblo of Tesuque and its

members;

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

35
3. To promote tribal economic development;

4. To contribute to charitable organizations; and

5. To help fund operations of local Pueblo of Tesuque governmental

agencies.

h. Compliance with Internal Revenue Code The Manager and Gaming Enterprise

shall maintain a permanent record containing the name and address of each player who receives a prize

if and as required by, and in accordance with, the Internal Revenue Code.

Compliance with Bank Secrecy Act The Manager and Gaming Enterprise shall

comply with all applicable provisions of the federal Bank Secrecy Act, P.L. 91-508, October 26, 1970, 31

U.S.C. §~ 5311-5314, and all record-keeping and reporting requirements ofthe Internal Revenue Service.

SECTION 10. TESUOUE GAMING ENTERPRISE

a. Establishment of the Enterprise There is hereby established, as a wholly owned

enterprise of the Pueblo of Tesuque, the Tesuque Gaming Enterprise, which enterprise shall have the

authority to establish, equip, operate, and maintain Class II and Class III Gaming Operations on the

Reservation at such locations as the Council may designate. The Tesuque Gaming Enterprise shall have

the following powers and duties:

1. To acquire, construct, lease, modify, furnish, equip, and maintain such

facilities and premises as the Gaming Enterprise determines are necessary or appropriate to engage in

Gaming Operations in accordance with this Gaming Ordinance.

2. Subject to Council approval as required in Section 1 0(b)(3) ofthis Gaming

Ordinance, to employ, direct, supervise, manage, control, promote, demote, discharge, fix the

compensation of, and define the powers and duties of such officers and other employees as the Gaming

PUEBLO OF TESUQ(JE GAMING ORDINANCE

wJC - 2001

36
Enterprise determines are required for the operation and conduct of Gaming Activities in accordance with

this Gaming Ordinance.

3. To engage in Gaming Activities in accordance with this Gaming

Ordinance,provided that the Gaming Enterprise may conduct only such Class III Gaming activities as are

authorized by the Compact, and providedfurther that the Gaming Enterprise shall obtain authorization

from the Gaming Commission before commencing any new Class II or Class III Game and before

resuming any previously discontinued or suspended Class II or Class III Game.

4. To adopt operating plans and budgets.

5. To adopt personnel policies, which are subject to the approval of the

Council, a copy of which (together with all amendments thereto) shall be forwarded upon adoption to the

Commission.

6. To adopt operating procedures for each department, a copy of which

(together with all amendments thereto) shall be forwarded upon adoption to the Commission.

7. To enter into contracts and expend funds ofthe Gaming Enterprise without

Council approval up to the dollar limit on contracts and expenditures applicable to other Pueblo tribal

enterprises, unless the Council by resolution specifically establishes some other spending limit for the

Gaming Enterprise. Any contract or expenditure by the Gaming Enterprise in an amount greater than the

designated limit requires specific approval by the Council.

8. Without in any way limiting or being limited by the foregoing, to do all

other lawful things and perform all other lawful acts as the Gaming Enterprise determines are necessary

or appropriate for the purpose ofengaging in Gaming Activities, and all other activities reasonably related

thereto, in accordance with this Gaming Ordinance.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

37
b. Supervision of Gaming Activities

1. The Gaming Enterprise shall be under the overall direction ofthe Council,

which shall act as the Board of Directors of the Gaming Enterprise. The day-to-day operations of the

Gaming Enterprise shall be under the direction of the Manager, who shall be hired by the Council in

accordance with the provisions of Section 8 of this Gaming Ordinance.

2. The Manager, subject to the guidance and direction ofthe Council (acting

as the Board of the Enterprise), shall have and perform all of the powers and duties of the Gaming

Enterprise.

3. The Manager shall hire and supervise the other employees of the Gaming

Enterprise, subject to the following conditions:

A. Council approval is required for the hiring, firing, and specific

terms of employment (including but not limited to compensation) for the following specific Gaming

Enterprise employees: Assistant Managers, Comptroller (or other Chief Financial Officer), Human

Resources Director, Slots Director, Marketing Director, and Security Director;

B. Council approval is required for any employee to be paid in excess

of $50,000 per year;

C. No Gaming Enterprise employee may be paid a bonus without the

prior approval of the Council.

c. Budgets; Business Plan

1. Budget. The Gaming Enterprise shall prepare and adopt an annual budget,

which must be submitted to and approved by the Council.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

38
2. Business Plan. The Gaming Enterprise shall prepare and submit to the

Council an annual Business Plan, which shall include but not be limited to the coming years revenue

goals, anticipated capital improvements, management changes, and marketing initiatives.

d. Contracts The Gaming Enterprise shall provide copies of all contracts, for both

Gaming Services and Non-Gaming Services, to the Commission.

e. Officer in Chari~e The Manager shall designate an employee of the Gaming

Enterprise to be the Officer in Charge on each day during which any Gaming Activities are being

conducted by the Gaming Enterprise, provided that no person shall be designated Officer in Charge unless

such person has held a valid gaming License issued by the Commission under the provisions of this

Gaming Ordinance for no fewer than ten (10) days prior to the date on which such person is designated

Officer in Charge. The Officer in Charge shall have direct responsibility for all Gaming Activities on that

day. The Officer in Charge shall supervise all activities and shall be present on the premises continuously

throughout the period during which Gaming Activities are taking place and for a period ofat least one hour

after such activities have been concluded for the day.

f. Premises Open to Commission All areas of any Gaming Facility shall at all

times be open to inspection by the Commission and the Council, and their agents specifically appointed

for any such inspection.

g. Provisions Applicable to Bingo Games The following provisions shall apply

to the conduct of Bingo Games at any Gaming Facility operated by the Gaming Enterprise:

1. Merchandise Prizes. When any merchandise is awarded as a prize in a

Bingo Game, the value of such merchandise shall be its current retail price. Merchandise awarded as a

prize shall not be redeemable or convertible into cash, directly or indirectly.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC -2001

39
2. Usual Prices. Equipment, prizes, and supplies for Bingo Games shall not

be purchased or sold at prices in excess of the usual price thereof.

3. No Limit on Prizes. There shall be no limit on the size ofthe prize offered

or given in any Bingo Game.

4. Rules ofPlay. Bingo Equipment shall be designed and maintained, and

the method of play shall be such, that each card shall have an equal opportunity to win. The objects or

balls to be drawn shall be essentially the same as to size, shape, weight, balance and all other

characteristics that may influence their selection. All objects or balls shall be present in the receptacle

before each game has begun. All numbers or designations drawn shall be announced plainly and clearly,

and shall be audible or visible to all the players present including, where more than one room is used for

any Bingo Game, all players present in each room. The receptacle, the caller, and the person removing

the objects or balls from the receptacle must be visible to all the players at all times, except that where

more than one room is used for any Bingo Game, the receptacle and the caller must be present in the room

where the greatest number of players is present. The cards or sheets of the players shall be part of a deck,

group, or series of cards, no two of which shall be alike, and which deck, group, or series shall not be so

prepared or arranged as to prefer any card. The particular arrangement of numbers or designations

required to be covered in order to win the game and the amount of the prize shall be plainly and clearly

described, and audibly or visibly announced to the players immediately before each game has begun.

5. Players Entitled to Verification. Any player shall be entitled to call for

a verification of all numbers or designations drawn at the time a winner is determined, and for a

verification of the objects or balls remaining in the receptacle and not yet drawn. The verification shall

be made in the immediate presence of the Officer in Charge on the occasion.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC -2001

40
6. Players Required to be Present. Only persons physically present on the

premises where a Bingo Game is actually operated and conducted may participate as players in the game.

7. AdditionalRules. The Commission shall have the authority to promulgate

additional rules, not inconsistent with this Gaming Ordinance, governing Bingo Games conducted

hereunder, to protect the players and assure the fairness of such games.

h. Provisions Applicable to Class III Gaming Activities The following provisions

shall apply only to the conduct of Class III Gaming activities operated by the Gaming Enterprise:

1. Class III Gaming to be Conducted in Accordance with Compact. Any

and all Class III Gaming activities to be conducted by the Gaming Enterprise shall be conducted in

accordance with the Compact. In the event ofany inconsistency between this Gaming Ordinance and such

Compact, the Compact shall control;provided that, in the event ofany inconsistency between the Compact

and the Indian Gaming Regulatory Act or other federal law, such federal law shall control. As required

by the Compact, the following provisions are hereby adopted as a matter of Pueblo of Tesuque law and

shall be enforced with respect to the Pueblo of Tesuques conduct of Class III Gaming:

A.. No person under twenty-one (21) years of age shall participate in

Class III Gaming.

B. The Gaming Enterprise shall not employ any person in Class III

Gaming who is under twenty-one (21) years of age or who has not been licensed in accordance with this

Gaming Ordinance.

C. The Gaming Enterprise shall meet standards and requirements

equivalent to or more stringent than those in the federal Fair Labor Standards Act of 1938, the federal

Occupational Safety and Health Act of 1970, and other federar laws generally applicable to Indian Tribes

relating to wages. hours and conditions of work, and the regulations issued thereunder; provided that the

PUEBLO OF TESUQUE GAMINC ORDINANCE

WJC - 2001

41
imposition of such standards shall not be construed as a submittal by the Pueblo of Tesuque to federal

jurisdiction under said laws or as creating under Pueblo of Tesuque law any causes of action available to

any person under such federal laws.

D. On any construction project involving a Gaming Facility to be used

for the conduct of Class III Gaming or related structure that is funded in whole or part by federal funds,

workers shall be paid wages meeting or exceeding the standards established for the State of New Mexico

under the federal Davis-Bacon Act.

E. The Gaming Enterprise and any Management Contractor shall not

discriminate in the employment of persons at the Gaming Facility on the grounds of race, color, national

origin, gender, sexual orientation, age, or handicap; provided that, the Pueblo of Tesuque, the Gaming

Enterprise, and any Management Contractor shall provide for tribal member and other Indian preference

in employment in Class II and Class III Gaming activities as set forth in this Gaming Ordinance, consistent

with Title Vu of the federal Civil Rights Act of 1964,42 U.S.C. §~ 2000e etseq.

F. The Gaming Enterprise shall allow the State of New Mexico

Department of Environment andlor United States Indian Health Service inspectors to inspect the food

service operations of a Gaming Facility where Class III Gaming is conducted during the normal business

hours of the Gaming Facility to assure that standards and requirements equivalent to the States Food

Service Sanitation Act are maintained.

G. The Gaming Enterprise shall not:

i. cash for patrons any paycheck or any type of government

assistance check, including Social Security, TANF, pension, and other similar checks; or

ii. extend credit to patrons by accepting IOUs or markers.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC -2001

42
H. Each electronic and electromechanical Gaming Machine in use

at the Gaming Facility must pay out a mathematically demonstratable percentage of all amounts wagered,

which percentage shall be not less than eighty percent (80%), and the odds ofa player achieving a winning

outcome from the games on each Gaming Machine must be posted on each such Gaming Machine.

I. Automatic teller machines located on Gaming Facility premises

where Class III Gaming is conducted shall be programmed so that such machines will not accept cards

issued by the State of New Mexico to TANF recipients for access to TANF benefits.

J. No later than ninety (90) days after the effective date of the

Compact, all Gaming Machines on the premises of the Gaming Facility will be connected to a central

computerized reporting and auditing system on the Gaming Facility premises, which shall collect on a

continual basis the activity of each Gaming Machine in use. The wager and payout data of each machine,

once it is fed into the Gaming Enterprises central computer, may be accessed electronically by the State

Gaming Representative by a dedicated telecommunications connection, on a read-only basis, upon entry

of appropriate security codes; provided that in no event shall the State Gaming Representative be able to

alter or affect the operation of any Gaming Machine or other device on the premises of the Gaming

Facility, or the data provided to the central computer.

K. If the Council and Gaming Enterprise permit alcoholic beverages

to be served and consumed at the Gaming Facility:

i. No employee of the Gaming Enterprise shall sell, serve,

give, or deliver an alcoholic beverage to an intoxicated person or procure or aid in the procurement of any

alcoholic beverage for an intoxicated person at the Gaming Facility;

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

43
ii. Employees of the Gaming Enterprise that dispense, sell,

serve, or deliver alcoholic beverages must attend Alcohol Server Education Classes similar to those classes

provided for in the New Mexico Liquor Control Act;

iii. The Gaming Enterprise shall purchase and maintain a

liquor liability insurance policy that will provide personal injury coverage of at least one million dollars

($1,000,000) per incident and two million dollars ($2,000,000) aggregate per policy year; and

iv. No alcoholic beverages shall be sold, served, delivered,

or consumed in that part of the Gaming Facility where Class III Gaming is allowed.

L. The Gaming Enterprise will provide annually to the State Gaming

Representative a certificate of insurance showing that it is maintaining in effect policies of liability

insurance insuring the Gaming Enterprise, the Pueblo of Tesuque, and their agents and employees against

claims, demands, or liability for bodily injury and property damages brought by a patron or visitor arising

from an occurrence described in Subsection (b)( 1) of Section 14 of this Gaming Ordinance, and such

policies shall provide bodily injury and property damage coverage in an amount of at least fifty million

dollars ($50,000,000) per occurrence and fifty million dollars ($50,000,000) annual aggregate and include

a provision under which the insurer agrees not to assert the defense of sovereign immunity on behalf of

the insured up to the limits of such coverage, provided that such limits of liability insurance coverage shall

be subject to increase or decrease as may be required by the Compact.

M. The Gaming Enterprise shall spend an amount no less than

one-quarter of one percent (.25%) of its Net Win as that term is defined herein annually to fund or support

programs for the treatment and assistance of compulsive gamblers in New Mexico or who patronize New

Mexico gaming facilities, or for the prevention of compulsive gambling in New Mexico, and shall

distribute a substantial portion of such funds to an organization that has expertise in and provides

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC -2001

44
counseling, intervention, or other services for compulsive gamblers in New Mexico, and whose services

are available to all persons without regard to race or tribal membership. The Gaming Enterprise shall

provide the Commission with documents sufficient to permit the Commission to verify compliance with

this requirement, including but not limited to a detailed budget of amounts spent for this purpose and the

recipients of the payments.

N. The Gaming Enterprise shall not operate any Class III Gaming at

the Gaming Facility for at least four (4) consecutive hours daily, Mondays through Thursdays (except

federal holidays).

0. Neither the Pueblo of Tesuque nor the Gaming Enterprise may

provide, allow, contract to provide, or arrange to provide alcoholic beverages for no charge or at reduced

prices, or provide, allow, contract to provide, or arrange to provide food or lodging for no charge or at

nominal prices, at a Gaming Facility or lodging facility as an incentive or enticement for patrons to

participate in Class III Gaming.

P. The Gaming Enterprise or a Management Contractor shall report

to the New Mexico secretary of state, in the same manner and at the same times as are required ofpolitical

committees under the provisions ofthe states Campaign Reporting Act (NMSA 1978 §~ 1-19-25 through

1-19-36) any and all contributions, whether directly or through an agent, representative, or employee, of

any moneys derived from revenue from the Gaming Enterprise or of anything of value acquired with that

revenue, to a candidate, political committee, or person holding an office elected or to be elected at any

election covered by the states Campaign Reporting Act.

Q. The Commission shall provide true and correct copies ofall tribal

laws and regulations affecting Class III Gaming to the State Gaming Representative and the National

Indian Gaming Commission and will provide true copies of any amendments thereto or additional laws

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

45
or regulations affecting Class III Gaming within thirty (30) days after their enactment (or approval, if any);

provided that the Commission or the Pueblo of Tesuque shall provide copies of any amendments to this

Gaming Ordinance to the National Indian Gaming Commission within fifteen (15) days after the adoption

of the amendments.

R. The Commission shall certif~i annually to the State Gaming

Representative that the Commission has met its regulatory obligations under the Compact.

2. Vendor Licensing. Any Person that has supplied or proposes to supply

any Gaming Machines, Gaming Devices, or equipment to the Gaming Enterprise for use in conjunction

with any Class III Gaming Activity must be licensed by the Commission and shall be subject to a full

background investigation in accordance with the provisions of Section 7 of this Ordinance, and the

Commission shall prescribe appropriate forms, procedures and standards for such licensing.

3. Class III Gaming Rules. The Commission shah have the authority to

prescribe such other rules and procedures to govern any Class III Gaming authorized to be conducted

under the terms ofthe Compact and this Gaming Ordinance, which are not inconsistent with the provisions

of the Compact, this Gaming Ordinance, or the Indian Gaming Regulatory Act and regulations issued

thereunder.

i. Employees~ Prohibition Against Employees Engaging in Gaming Any and

all persons who operate or conduct or assist in operating or conducting any Games of Chance hereunder

shall be employees of the Gaming Enterprise and shall wear legible identification tags, issued by the

Commission, showing their names and photographs, and the name of the Gaming Enterprise. No

employee of the Gaming Enterprise, the Commission, or the Manager may participate in Games ofChance

conducted by the Gaming Enterprise or win any prize or thing of value from the Gaming Enterprise during

his or her employment and for a period of ninety (90) days after the termination of such employment.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

46
j. Qualifications for Employment Employees of the Gaming Enterprise shall be

of good moral character, shall not have been convicted of any felony or gaming offense, and, as a

condition of their contract of employment, shall agree to any lawful means of testing for truthfulness,

including but not limited to polygraph testing, at any time and without prior notice, concerning the

handling, collection, andlor disbursement of Gross Receipts. No person shall be employed by the Gaming

Enterprise or the Manager whose prior activities, criminal record (ifany), reputation, habits or associations

pose a threat to the public interest or to the effective regulation and control of gaming, or create or enhance

any danger of unsuitable, unfair, or illegal practices, methods, or activities in the Gaming Operation of the

Gaming Enterprise or the carlying on of any business or financial arrangements incidental thereto.

k. Preference in Employment Members ofthe Pueblo ofTesuque and their spouses

and children shall receive preference in employment and advancement if they meet the qualifications for

employment with the Gaming Enterprise and the Manager. If there are not qualified persons from among

the Members of the Pueblo of Tesuque and their spouses and children to fill any available positions, the

Gaming Enterprise shall hire such qualified persons as are available, but it shall give preference to

qualified members of other Indian tribes.

1. Advertisement of Positions Notice of the availability of any positions with the

Gaming Enterprise shall be posted on the premises of the Gaming Facility where such vacancy exists, and

at least two other locations selected by the Commission, in consultation with the Council, for at least

fifteen (15) days prior to the filling of the position, unless special circumstances exist as determined by

the Council that warrant dispensing with such notice or posting for a shorter period. The notice shall

contain a description of the minimum job qualifications, duties, hours of work, compensation, and the

application procedure, including the application deadline.

PUEBLO OF TESUQUE GAMINC ORDINANCE

WJC - 2001

47
m. Personnel Policies and Benefits

1. The Manager shall adopt written personnel policies and procedures for

employees ofthe Gaming Enterprise, which shall be provided to each employee and which shall be subject

to the approval of the Council and forwarded upon adoption to the Commission. The policies and

procedures shall include, but not be limited to:

A. A grievance process for an employee in cases of disciplinary or

punitive action taken against an employee that includes a process for appeals to persons of greater

authority than the immediate supervisor of the employee;

B. An employees right to receive a written statement of reasons for

dismissal in the event such employee is dismissed; and

C. A consistent procedure for treating terminated employees,

including distinctions as appropriate for employees who resign from their employment versus employees

who are terminated for cause.

2. The Gaming Enterprise shall provide employment benefits, including but

not limited to sick leave, life insurance, paid annual leave, medical and dental insurance, unemployment

and workers compensation insurance through participation in programs offering benefits at least as

favorable as those provided by comparable state programs.

n. Hiring and Training of Employees

1. The Gaming Enterprise and the Manager shall provide sufficient training

to all employees to enable them to perform their jobs properly.

2. The Gaming Enterprise shall, in addition, provide special management

training programs for employees who are Pueblo members, to enable selected Pueblo members to become

managers and supervisors in Gaming Operations of the Gaming Enterprise. Such special management

PUEBLO OF TESUQIJE GAMING ORDINANCE

WJC - 2001

48
training programs shall include specific time lines indicating when a Pueblo member who meets all

training standards shall become eligible for a managers or supervisors position. The expense of

providing such special management training to Pueblo members shall be a separately budgeted operating

expense of the Gaming Enterprise.

o. AnpointmentofOSHA Officer The Manager shall appoint a full-time employee

who is familiar with and responsible for the Gaming Enterprises duties and responsibilities under the

federal Occupational Health and Safety Act.

SECTION 11. SUSPENSION OR REVOCATION OF LICENSE

a. Grounds for Suspension and Revocation If a Licensee makes a false statement

in any application for a License, in any statement annexed thereto, or in any response to a request by the

Commission or the Council for information; fails to keep sufficient books and records to substantiate the

reports required by this Gaming Ordinance; falsifies any books or records relating to any transaction in

connection with the operation or conduct of any Games of Chance; is convicted of any felony or gaming

offense; interferes with or unduly influences or attempts to interfere with or unduly influence any decision

or process of the government of the Pueblo of Tesuque relating to gaming; or deliberately or substantially

fails to provide information to or answer relevant questions of the Commission or the Council or otherwise

fails to comply with this Gaming Ordinance or the terms of any License granted pursuant hereto; or if the

Council or Commission receives reliable information from the National Indian Gaming Commission or

any other source that the Licensee does not meet the standard established in Section 7(e) of this Gaming

Ordinance; his or her License may be suspended; provided that, when the Council or Commission receives

reliable information from the National Indian Gaming Commission that the Licensee does not meet the

standard established in Section 7(e) of this Gaming Ordinance, his or her License shall be suspended.

After notice and a hearing before the Commission pursuant to this Section, such License also may be

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC-200l

49
revoked. This sanction is in addition to any other sanction that may be imposed under this Gaming

Ordinance.

b. Notice; Immediate Suspension Proceedings to suspend or revoke a License shall

be initiated by the Commission by serving a complaint upon the Licensee. If, in the Commissions

judgment, the public interest; the effective regulation and control of gaming; or the safe, fair, and honest

operation and conduct of Games of Chance so requires, the Commission may suspend a License

immediately pending the holding of a hearing. Such an immediate suspension shall take effect upon

service of the complaint upon the Licensee.

c. Contents of Complaint; Service The complaint shall set forth the violations of

this Gaming Ordinance which the Commission has reasonable cause to believe the Licensee has

committed. The Commission shall cause the complaint and notice ofhearing to be served personally upon

the Licensee or any agent of the Licensee, or to be sent by certified mail to the Licensee at the address

shown upon the License, with a copy sent to the Council. The complaint shall notify the Licensee of the

place and date of a hearing, such date to be not less than twenty (20) days after the Licensee receives a

copy of the complaint.

d. Answer; Subpoenas Upon receipt of a complaint and notice of hearing, the

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

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

Commission shall issue subpoenas for the attendance ofwitnesses and for the production ofpapers, books,

records, and documents.

e. Hearing; Written Decision The hearing shall be held and concluded without

unreasonable delay. The Commission shall hear the matter and make a decision in writing, including

findings of fact in support of its decision. The Commission shall issue its decision within thirty (30) days

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

50
of the hearing. The Licensee shall be informed immediately of the decision and, in the event of a

suspension, revocation, or reinstatement of his or her License, of the effective date of the suspension,

revocation, or reinstatement. The Commission shall notify the National Indian Gaming Commission and

the State Gaming Representative of its decision.

f. Appeal

1. Appeal as of Right to Tribal Court The decision of the Commission

suspending or revoking a License may be appealed to the Tribal Court. Written notice of the appeal must

be filed with the Tribal Court and served on the Commission within ten (10) calendar days of the

Commissions decision. The Tribal Court shall decide the appeal within twenty (20) days after its filing,

and shall state in writing the reasons for its decision.

2. Permissive Review by the Tribal Council A party not satisfied with the

decision of the Tribal Court may seek review of that decision by the Council. Notice of appeal to the

Council shall be filed with the Governor and served on the Commission within seven (7) calendar days

from the Tribal Courts written decision, with notice given to the Tribal Court. The Council need not

accept an appeal from a decision of the Tribal Court, and its failure to act within fourteen (14) calendar

days of receiving an appeal shall be deemed summary denial of the appeal. If the Council accepts an

appeal from the rtibal Court, it shall notify both the Appellant and the Commission and shall give both

the Appellant and the Commission the opportunity to be heard.

g Surrender of License When the Commission suspends or revokes a License, the

Licensee shall surrender the License to the Commission on or before the effective date of the suspension

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

surrendered or not, or whether the Commissions decision is appealed or not.

PUEBLO OF TESUQ(JE GAMiNG ORDINANCE

wJC - 2001

51
h. Additional Sanctions Upon its determination to suspend or revoke a License,

the Commission, in addition to any other penalties which may be imposed, may declare the Licensee

ineligible to operate or conduct Games of Chance, to participate, directly or indirectly, in the operation or

conduct of Games of Chance, or to apply for a License for a period not exceeding tweive (12) months.

Such declaration of ineligibility may be extended to include any Primary Management Officials, Key

Employees, principals, owners, officers, or directors of the Licensee, and any of its subsidiary

organizations, parent organizations, or affiliates.

SECTION 12. PROHIBITED ACTS In addition to any other act prohibited by this Gaming

Ordinance, it shall be a violation of this Ordinance for any person:

a. To conduct or participate in any Class II or Class III gaming on the Reservation

other than at an authorized and licensed Gaming Facility.

b. To receive, distribute, apply, or divert any property, funds, proceeds, or other

assets of the Gaming Enterprise to or for the benefit of any person except as authorized by this Gaming

Ordinance or regulations promulgated hereunder, IGRA, NIGC regulations, or the Compact.

c. To tamper with any Gaming Device or Gaming Equipment used in the conduct

of any Gaming Activity with the intent to cause any person to win or lose any wager other than in

accordance with the publicly announced rules of the Gaming Enterprise.

d. To do any other act in connection with the conduct of any Gaming Activity with

the intent to affect the outcome of any wager other than in accordance with the publicly announced rules

of the Gaming Enterprise.

e. To alter or misrepresent the outcome of any other event on which wagers have

been made after the outcome is made sure but before it is revealed to the players.

P(JERLO OF FESUQUF GAMING ORDINANCE

WJC -2001

52
f. To place, increase, or decrease a bet or to determine the course of play after

acquiring knowledge, not available to all players, of the outcome of a Game of Chance or any event that

affects the outcome of the Game or which is the subject of the bet or to aid anyone in acquiring such

knowledge for the purpose of placing, increasing or deceasing a bet or determining the course of play

contingent upon that event or outcome.

g. To claim, collect or take, or attempt to claim, collect or take, money or anything

of value in or from a Gaming Device or gaming equipment, with intent to defraud, without having made

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

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

the game or other event which is the subject of the bet, including past-posting and pressing bets.

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

outcome of a Game of Chance or other event which is the subject of the bet, including pinching bets.

j. To manipulate, with the intent to cheat, any component of an electronic Game of

Chance or Gaming Device in a manner contrary to the designed and normal operational purpose for the

component, including, but not limited to manipulating a Gaming Device, with knowledge that the

manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of

the game.

k. To knowingly use other than coins or tokens approved by the Commission or other

lawful coin or legal tender of the United States of America, or to use a coin not ofthe same denomination

as the coin intended to be used in the Gaming Device.

1. To possess, with the intent to use, any device to assist in projecting the outcome

of a Game of Chance, in keeping track of the cards played. in analyzing the probability of the occurrence

of an event relating to the Game, or in analyzing the strategy for playing or betting to be used in the Game.

PUEBLO OF TESLJQIE GAMING ORDINANCE

WJC - 2001

53
m. To use any device or means to cheat, or to possess any such device while at a

Gaming Facility.

n. To knowingly entice or induce another to go to any place where Games ofChance

are being conducted or operated in violation ofthe provisions ofthis Ordinance or regulations promulgated

hereunder, IGRA, the Compact, or other applicable law and regulation with the intent that the other person

play or participate in those Games.

o. To willfully obstruct any Commission investigation.

SECTION 13. VIOLATIONS, JURISDICTION, ENFORCEMENT OR SUBPOENAS~

LIMITED WAIVER OF SOVEREIGN IMMUNITY

a. Criminal Penalties

1. Except as othenvise provided in Subsection (a) ofthis Section, any Indian

who violates any provision of this Gaming Ordinance shall be guilty of a criminal offense punishable by

a fine, or by imprisonment, or both, the amount of such fine and the length of such imprisonment to be up

to the maximum amount and length that federal law allows Indian tribes to impose.

2. Pursuant to the Compact, the State of New Mexico may exercise

concurrent jurisdiction with the United States to prosecute violations by non-members of the Pueblo of

Tesuque of any State of New Mexico gambling law on the Reservation, any other crime against the

Gaming Enterprise or any employee thereof, or that occurs on the premises of a Gaming Facility.

Immediately upon becoming aware of any suspected crime by a non-member of the Pueblo of Tesuque,

the Gaming Enterprise or the Commission will notify the State of New Mexico Attorney General and the

District Attorney for Santa Fe County ofthe particulars available to the Gaming Enterprise or Commission.

Upon any reasonable request by the District Attorney for Santa Fe County, the Pueblo of Tesuque Law

Enforcement Department and the Commission will perform additional investigation and cooperate fully

with such District Attorney and State of New Mexico law enforcement agencies on the matter. In the

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

54
event of an emergency involving a possible violation by a non-member of the Pueblo of Tesuque, the

Pueblo of Tesuque and its constituent agencies may act as they see fit in accordance with the laws of the

Pueblo of Tesuque in order to protect against any immediate threat to lives or property.

3. The Pueblo of Tesuque may enter into a Memorandum ofUnderstanding

with the District Attorney for Santa Fe County, to which Memorandum ofUnderstanding the United States

Attorney also may be a party, to address such matters as the specific procedures by which cases under

Subsection (a)(2) of this Section will be referred, participation of the Commission and the Pueblo of

Tesuque Law Enforcement Department in the investigation and prosecution of any such case, and

payments by the Pueblo of Tesuque to the Office of the District Attorney for Santa Fe County to defray

the costs of handling such cases.

b. Civil Sanction Any person who violates any provision ofthis Gaming Ordinance,

including the Gaming Enterprise and its employees, shall be liable for civil monetary sanctions not to

exceed five thousand dollars ($5,000) for each day such violation occurs, along with any civil damages

caused by the commission of such violation. Such person also may be excluded from the Reservation to

the extent such exclusion is consistent with the laws of the Pueblo of Tesuque.

c. Tribal Court Jurisdiction The Tribal Court shall have jurisdiction over all

violations of this Gaming Ordinance and over all persons who are Licensees andlor parties to a

Management Contract entered pursuant to this Gaming Ordinance, including agents, employees, owners,

directors, and officers of such parties. In addition to the penalties and civil sanctions prescribed in

Subsections (a) and (b) of this Section, the Tribal Court may grant such other legal and equitable relief as

is necessary and proper for the enforcement of this Gaming Ordinance and of the provisions of any

Management Contract entered pursuant thereto, including but not limited to injunctive relief against acts

in violation thereof. Nothing in this Gaming Ordinance, however, shall be construed to authorize or

PUEBLO OF TESUQUE GAMING O~(DINANCE

WJC - 2001

55
require the exercise of criminal jurisdiction over non-Indians except to the extent allowed by any

applicable present or future Act of Congress or any applicable federal court decision. in any proceeding

arising under this Gaming Ordinance, the Tribal Court shall state in writing the reasons for its decision.

d. Appeal from Tribal Court to the Tribal Council A party not satisfied with the

decision of the Tribal Court may seek review by the Council. Notice ofappeal to the Council shall be filed

with the Governor and served on the Commission within seven (7) calendar days from the Tribal Courts

written decision, with notice given to the Tribal Court. The Council need not accept an appeal from a

decision ofthe Tribal Court, and its failure to act within fourteen (14) calendar days ofreceiving an appeal

shall be deemed summary denial of the appeal. If the Council accepts an appeal from the Tribal Court,

it shall notify both the Appellant and the Commission and shall give both the Appellant and the

Commission the opportunity to be heard.

e. Enforcement of Council Orders and Commission Orders and Subpoenas If

a person is ordered by the Commission or the Council to attend or to produce books, accounts, records,

or other documents in any investigation or hearing conducted by the Commission or the Council and fails

to obey the command of the subpoena without reasonable cause, or if a person in attendance at any hearing

or investigation refuses, without lawful cause, to be examined, to answer a legal and pertinent question,

or to exhibit any book, account, record, or other document when ordered to do so by the Commission or

the Council, the Commission or the Council may apply to the Tribal Court for an order returnable in not

less than five (5) nor more than ten (10) days directing the person to show cause why he or she should not

comply with such order For purposes of this Gaming Ordinance, no person shall be excused from

testifying or producing any books, accounts, records, or other documents in any investigation or hearing

on the ground that such testimony or documentary evidence may tend to incriminate such person, if the

Council or the Tribal Court agrees in writing that such person shall not be prosecuted, punished, or

PUEBLO OF TEsL:QuE GAMING ORDINANCE

wJC. 2001

56
subjected to any penalty or forfeiture resulting from such testimony or production, provided that no person

shall be exempt from prosecution or punishment for any act of perjury committed by him or her under a

grant of immunity under this Subsection.

f. Limited Waiver of Sovereign Immunity The Pueblo ofTesuque hereby waives

the immunity of the Gaming Enterprise and its employees from suit for the sole and limited purpose of

permitting the Tribal Court to hear and determine proceedings initiated by the Commission to enforce this

Gaming Ordinance against the Gaming Enterprise, including the assessment of fines, sanctions, and

injunctive relief.

SECTION 14. PATRON DISPUTES AND VISITOR CLAIMS

a. Procedures for Resolving Patron Disputes Except as otherwise provided in

Subsection (b) of this Section, whenever any patron of any Gaming Activity being conducted by the

Gaming Enterprise under the provisions of this Gaming Ordinance believes that he or she should not have

lost any money, or has not received any winnings to which the patron believes he or she was entitled, or

in any other respect was treated wrongly or unfairly, any employee to whom the patron communicates the

complaint shall refer the patron to the Manager. The Manager shall investigate the matter thoroughly, and

shall attempt to resolve the complaint amicably and promptly and in keeping with the spirit ofthis Gaming

Ordinance. The Managers proposed action shall be communicated to the patron in writing, no more than

ten (10) calendar days after the complaint is brought to the Manager. If the patron is dissatisfied with the

resolution proposed by the Manager, the patron may, within ten (10) calendar days of receipt of the

Managers decision, appeal to the Commission. The Commission shall investigate the facts underlying

the complaint and the actions of the Manager thereon, and shall make a final decision, in writing, either

to affirm the Managers proposed resolution, or to take some different action (but in no case shall the

Commissions decision be less favorable to the patron than the Managers proposal). If the patron is still

PUERLO OF TESUQUE GAMING ORDINANCE

WJC - 2001

57
dissatisfied, he or she may request that the dispute be referred to binding arbitration, either by a single

arbitrator (if the parties agree on one) or by a panel of three (3) arbitrators, one appointed by the patron,

one appointed by the Manager, and a third by the other two; provided, that if the arbitration results in a

decision that is no more favorable to the patron than the decision of the Commission, the patron shall bear

one-half of the costs of the arbitration. The arbitrator(s) shall establish procedures to ensure a full, fair,

and expeditious hearing of the dispute.

b. Resolving Patron and Visitor Claims of Liability for Bodily Injury or

Property Damage

1. The Tribal Court shall have original jurisdiction over claims of liability

by a patron of or visitor to a Gaming Facility where Class III Gaming is conducted for bodily injury or

property damage proximately caused by the conduct of the Gaming Enterprise.

2. A patron or visitor having a claim described in Subsection (b)(1) of this

Section may pursue that claim in the Tribal Court or, at the option of the patron or visitor, in binding

arbitration. The patron or visitor shall make a written election that is final, binding, and unappealable.

3. Claims brought under Subsection (b)(l) of this Section must be

commenced by filing an action in Tribal Court or serving a demand for arbitration within three (3) years

of the date that the claim accrues.

4. Arbitration shall be conducted, pursuant to an election by a patron or

visitor under Subsection (b)(3) of this Section, as follows:

A. The patron or visitor shall submit a written demand for arbitration

to the Gaming Enterprise by certified mail, return receipt requested;

B. The patron or visitor and the Gaming Enterprise shall each

designate an arbitrator within thirty (30) days of receipt of the demand by the Gaming Enterprise, and the

two arbitrators shall select a third arhitratot, but in the event the two arbitrators cannot agree on the

PUEBLO OF TESUQUE GAMI~C ORDINANCE

WJC . 2001

58
selection of the third arbiirator within thirty (30) days of their appointment, they shall apply to the

American Arbitration Association to appoint the third arbitrator;

C. The arbitration panel shall permit the parties to engage in

reasonable discovery and shall establish other procedures to ensure a full, fair, and expeditious hearing on

the claim; and

D. The award of the arbitration panel shall be final and binding.

c. Posting of Notice The Gaming Enterprise shall prominently post a notice,

bearing the title, PATRON DISPUTE AND VISITOR CLAIMS PROCEDURES, informing patrons and

visitors of the remedies set forth in this Section, and setting forth the language of Subsections (a) and (b)

of this Section, in every room of every Gaming Facility where Gaming Activity occurs.

d. Public Health and Safet~ Each Gaming Facility and additions thereto shall

comply with health, safety, and construction standards that are at least as stringent as the current editions

of the National Electrical Code, the Uniform Building Code, the Uniform Mechanical Code, the Uniform

Fire Code, and the Uniform Plumbing Code. The Pueblo of Tesuque shall cause inspections to be

conducted with respect to these standards at least annually. Pursuant to the Compact, the State Gaming

Representative may be present during an annual inspection, provided the request to be present is made

sufficiently in advance of such inspection. Upon a written request by the State Gaming Representative,

the Commission shall provide copies of such inspection reports to the State Gaming Representative.

SECTION 15. SOVEREIGN IMMUNITY The Pueblo does not in any way waive its

sovereign immunity from suit in any court to contest the validity of this Gaming Ordinance or in any other

matter, except to the limited extent explicitly set out in Section 1 4(b)( 1) (Protection of Patrons) and in

Section 1 3(f) (permitting the Commission to enforce this Gaming Ordinance against the Enterprise).

P(JEBLO OF TESUQUE CAMINC ORDINANCE

WJC - 2001

59
Nothing in this Gaming Ordinance waives the sovereign immunity of the Pueblo as to claims

Arising from employment contracts.

SECTION 16. MISCELLANEOUS.

Severability. In the event that any provision is this Gaming Ordiance or the

application thereof to any person or circumstance is held invalid or unenforceable by a court of

competent jurisdiction, such holding shall not invalidate or render unenforceable any other

provision of this Gaming Ordinance.

b. Gender Any noun or pronoun used herein shall refer to any gender and to

any number as the contcxt requires or permits.

Origrnaliv adopted by Resolution No~ 19g9-12-04, Dccernbcr 16, l9~9. Arnendcd by Resolution No. 1994-08-3. August 74, 1994,

Amended and Resisted by Resolution No. 1997-04-02. dated April, 3, 1997. Amcudcd and Rcstatcd by Resolution No. 1997-09-04,

dated September 25. 1997 and Amended and Restated by Rcsoliinon No~ 2002-04-02, dated April 30, 2002.

PUEBLO OF TESUQUE GAMING ORDINANCE

WJC-200l