TONTO APACHE TRIBE

Tonto Apache Reicrv,itlon W30

P~yson, ttrLzona 88~1

Telephone

4145000 or 474~2O68

Fax: 474-O12~

RESOLUTION 3~,~g3

OF THE GOVERNING BODY OF THE

TONTO APACHE INDIAN TRIBAL COUNCIL

ADOPTING A GAMING ORDINANCE

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

the Tonto Apache Tribe and the State of Arizona have

entered into a TribalState Compact for purposes to

authorizing and regulating gaming on the Tonto Apache

Indian reservation; and

the Tonto Apache Tribe has engaged a management

development company to commence construction of a gaming

facility; and

the Tribal-State Compact has certain requirements, such

as the establishment of a gaming commission, which need

to be implemented to authorize gaming and carry out the

duties and responsibilities set-forth in the Compact; and

National Indian Gaming Regulatory Commission regulations

also require the adoption and approval of a gaming

ordinance; and

the gaming ordinance is based upon a model ordinance

suggested by the National Indian Gaming Commission, with

some changes to incorporate requirements of the Tribal

State Compact.

NOW THEREFORE BE IT RESOLVED, that the Tonto Apache Tribal Council

hereby adopts the gaming ordinance attached hereto as

Exhibit A.

CERTIFICATION

I, the undersigned, hereby certify that the Tribal Council of

the Tonto Apache Tribe, at Payson, Arizona is composed of five (5)

members of whom ~ were present at a Special Meeting held on

this ~ day of . , 1993; and that this foregoing

Resolution was duly adopted by the affirmative vote of 1~L members

of the Tribal Council.

-i

/j

Je i Johnson Chairperson

1

~u
~1

!4elton Campbell, Vice-Chairman

~S~QAA~2~ ~&

oward Burdette, Sr., Council Member

7)

~

Cäsilda Joh~on, Council Member

David Kenny Davis, Council Member

ATTEST:

2
TONTO APACHE TRIBE GAMING ORDINANCE

I. Purpose

The Tonto Apache Tribal Council (hereinafter Tribe),

empowered by the Tribes Constitution to enact ordinances, hereby

enacts this Ordinance in order to set the terms for class II and

class III gaining operations on Tribal lands.

II. Establishment of the Tonto Apache Gaming Commission

There is hereby established a Tonto Apache Gaming Commission

composed of three members. Each member shall serve a three year

term, except that the initial term of two of the members will be

for one and two years in order to provide for a staggered three

year terms. Each member shall be appointed by the Chairperson of

the Tribal Council and confirmed by a majority vote of the Tribal

Council. The Commission shall meet as often as deemed necessary as

determined by a majority of the Commission members. All Commission

action shall be taken by resolution based upon a majority vote of

the Commission.

III. General Powers and Duties

The Commission shall:

1. License all gaming employees, gaining facility operators,

management contractors, and manufacturers and suppliers of gaming

devices and gaming services pursuant to the terms of this Ordinance

and the Compact entered into between the Tribe and the State of

Arizona (hereinafter Compact).

2. Conduct or cause to have conducted background checks on

any and all employees, management contractors, gaming facility

operators and manufacturers and suppliers of gaming devices.

3. Keep any and all records as required by this Ordinance,

the National Indian Gaming Regulatory Act (25 U.S.C. § 2701 ~

~ and the Compact.

4. Exercise its best efforts to obtain compliance with this

Ordinance, the Nationa1. Indian Gaming Regulatory Act and the

Compact.

5. Consistent with the terms and provisions of this

Ordinance and the Compact, establish a procedure and conduct

hearings on license revocations, suspensions, and denials.

6. Consistent with the terms and provisions of this

Ordinance and the Compact establish a procedure and conduct

hearings on gaming customer complaints.

1
7. Consistent with the terms of the Compact, establish a

Tribal gaming office consisting of a director and inspectors.

8. Report any violations of this Ordinance, the Compact or

and the National Indian Gaming Regulatory Act to appropriate

authorities.

9. Establish a code of gaming offenses, fines and punishment

to protect against cheating and other gaming offenses which may

impair the integrity of the gaining enterprise.

10. Implement all requirements of this Ordinance, the Compact

and the National Indian Gaming Act.

11. Monitor and provide oversight of the gaming management

contractor.

IV. Regulatory Power

The Tonto Apache Gaming Commission shall have the authority to

promulgate and adopt such rules and regulations as it may deem

appropriate to perform the powers and duties set-forth in Article

III. All rules and regulations shall not take effect until

approved by the Tribal Council of the Tonto Apache Tribe.

V. Per Diem

Commission members shall be paid a per diem of $40.00 per

meeting up to two hours in length and a per diem of $65.00 for any

meeting in excess of two hours.

VI. Gaining Authorized

A. Class II gaming as defined in the Indian Gaming

Regulatory Act, P.L. 100447, 25 U.S.C. Section 2703(7)(A) (IGRA)

and by the regulations promulgated by the National Indian Gaming

Commission at 25 C.F.R. § 502.3 (as published in the Federal

Register at 57 FR 12382-12393, April 9, 1992) is hereby authorized.

B. Class III gaming as defined and permitted in the Tribal -

State Compact entered into between the State of Arizona and the

Tonto Apache Tribe is hereby authorized.

VII. Ownership of Gaming

The Tribe shall have the sole propriety interest in and

responsibility for the conduct of any gaming operation authorized

by this ordinance.

VIII. Use of Gaming Revenue

A. Net revenues from class II gaming shall be used only for

2
the following purposes: to fund Tribal government operations and

programs; provide for the general welfare of the Tribe and its

members; promote Tribal economic development; donate to charitable

organizations; or help fund operations of local government

agencies.

B. If the Tribe elects to make per capita payments to Tribal

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

plan submitted to the Secretary of the Interior under 25 U.S.C. §

2710(b) (3).

IX. Audit

A. The Tribe shall cause to be conducted annually a

independent audit of gaming operations and shall submit the

resulting audit reports to the National Indian Gaming Commission.

B. All gaming related contracts that result in the purchase

of supplies, services, or concessions in excess of $25,000.00

annually, except contracts for professional legal and accounting

services, shall be specifically included within the scope of the

audit that is described in subsection A. above.

X. Protection of the Environment and Public Health and Safety

All gaming facilities shall be constructed, maintained and

operated in a manner that adequately protects the environment and

the public health and safety in accordance with the Uniform

Building Code as may be in effect at the time of construction.

XI. Licenses for Key Employees and Primary Management Officials

The Tribe shall ensure that the policies and procedures set

out in this section are implemented with respect to key employees

and primary management officials employed at any gaming enterprise

operated on Indian lands:

A. Definitions

For the purposes of this section, the following

definitions apply:

1. Key employee means

(a) A person who performs one or more of the

following functions:

(1) Bingo caller;

(2) Counting room supervisor;

(3) Chief of security;

(4) Custodian of gaming supplies or cash;

(5) Floor manager;

(6) Pit boss;

3
h.

I

(7) Dealer;

(8) Croupier;

(9) Approver of credit; or

(10) Custodian of gambling devices

including persons with access to

cash and accounting records within

such devices;

(11) Any employee required to be licensed

by the Compact;

(b) If not otherwise included, any other

person whose total cash compensation is

in excess of $30,000 per year; or

(C) If not otherwise included, the four most

highly compensated persons in the gaming

operation.

2. Primary management official means

(a) The person having management

responsibility for a management contract;

(b) Any person who has authority:

(1) To hire and fire employees; or

(2) To set up working policy for the

gaming operation; or

(c) The chief financial officer or other

person who has financial management

responsibility.

(d) Any management person who is subject to a

background check pursuant to the terms of

the Compact.

B. Application Forms

1. The following notice shall be placed on the

application form for a key employee or a primary management

official 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. 270]. et seq. The

purpose of the requested information is to determine the

eligibility of individuals to be employed in a gaming

operation. The information will be used by Tonto Apache

Gaming Commission and the National Indian Gaming

Commission members and staff who have need for the

information in the performance of their official duties.

4
I,

The information may be disclosed to appropriate Federal,

Tribal, State, local, or foreign law enforcement and

regulatory agencies when relevant to civil, criminal or

regulatory investigations or prosecutions or when

pursuant to a requirement by a tribe or the National

Indian Gaming Commission in connection with the hiring or

firing of an employee, the issuance or revocation of a

gaming license, or investigations of activities while

associated with a 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.

The disclosure of your Social Security Number (SSN) is

voluntary. However, failure to supply a 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 a

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 a key employee or a primary official 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.

(U.S. Cod~, title 18, section 1001.)

4. The Tribe shall notify in writing existing key

employees and primary management officials that they shall either:

a. Complete a new application form that contains a

notice regarding false statements; or

b. Sign a statement that contains the notice regarding

false statements.

C. Background Investigations

1. The Tribe shall request from each primary management

official and from each key employee all of the following

information:

5
I

a. Full naive, other names used (oral or written),

social security number(s), birth date, place of

birth, citizenship, gender, all languages (spoken

or written);

b. Currently and for the previous 5 years: business

and employment positions held, ownership interests

in those businesses, business and residence

addresses, and drivers license numbers;

C. The names and current addresses of at least three

personal references, including one personal

reference who was acquainted with the applicant

during each period of residence listed under

paragraph (l)(b) of this section;

d. Current business and residence telephone numbers;

e. A description of any existing and previous business

relations with Indian tribes, including ownership

interests in those businesses;

f. A description of any existing and previous business

relationships with the gaming industry generally,

including ownership interests in those businesses;

g. The name and address of any licensing or regulatory

agency with which the person has filed an

application for a license or permit related to

gaining, whether or not such license or permit was

granted;

h. For each felony for which there is an ongoing

prosecution or a conviction, the charge, the name

and address of the court involved, and the date and

disposition if any;

i. For each misdemeanor conviction or ongoing

misdemeanor prosecution (excluding minor traffic

violations), within 10 years of the date of the

application, the name and address of the court

involved and the date and disposition;

j. For each criminal charge (excluding minor traffic

charges), whether or not there is a conviction, if

such criminal charge is within 10 years of the date

of the application and is not otherwise listed

pursuant to paragraph (1)(h) or (1)(i) of this

section, the criminal charge, the name and address

of the court involved and the date disposition;

k. The name and address of any licensing or regulatory

6
~1

agency with which the person has filed an

application for an occupational license or permit,

whether or not such license or permit was granted;

1. A current photograph;

m. Any other information the Tribe deems relevant; and

n. Fingerprints consistent with procedures adopted by

the Tribe according to 25 C.F.R. § 522.2(h).

o. Any other information the State of Arizona may need

for purposes of certification of the key employee

or management official pursuant to the Compact.

2. The Tribe, pursuant to the terms of the Compact and

this ordinance, shall conduct an investigation sufficient to make

a determination under subsection D. below. In conducting a

background investigation, the Tribe or its agent shall promise to

keep confidential the identity of each person interviewed in the

course of the investigation.

D. Eligibility Determination

The Tribe, in conjunction with the State pursuant to the terms

of the Compact, shall review a persons prior activities, criminal

record, if any, and reputation, habits and associations to make a

finding concerning the eligibility of a key employee or primary

management official for employment in a gaining operation. If the

Tribe determines that employment of the person poses a threat to

the public interest or to the effective regulation of gaming, or

creates or enhances dangers of unsuitable, unfair, or illegal

practices and methods and activities in the conduct of gaming, a

tribal gaming operation shall not employ that person in a key

employee or primary management official position.

E. Procedures for Forwarding Applications and Re~rts for

Key Employees and Primary Management Officials to the

National Indian Gaming Commission

1. When a key employee or primary management official

begins work at a gaming operation authorized by this ordinance, the

Tribe shall forward to the National Indian Gaming Commission a

completed application for employment and conduct the background

investigation and make the determination referred to in subsection

D of this section for all class II gaming key employees and primary

management officials. All key employees or primary management

officials applications related to class III gaming shall be

forwarded to the State of Arizona in compliance with the Compact

for employment certification. If a key employee or primary

management official is employed or responsible for class II and

class III gaining, then applications shall be submitted to both the

7
National Indian Gaming Commission and the State of Arizona for

purposes of conducting a background investigation and

determinations referred to in Section D of this section.

2. The Tribe shall forward the report referred to in

subsection F of this section to the National Indian Gaming

Commission within 60 days after an employee begins work or within

60 days of the approval of this ordinance by the Chairman of the

National Indian Gaming Commission.

3. The gaming operation shall not employ as a key

employee or primary management official a person who does not have

a license after 90 days~.

F. Report to the National Indian Gaming Commission

1. Pursuant to the procedures set out in subsection E

of this section, the Tribe shall prepare and forward to the

National Indian Gaining Commission an investigative report on each

background investigation. An investigative report shall include

all of the following;

a. Steps taken in conducting a background

investigation;

b. Results obtained;

c. Conclusions reached; and

d. The bases for those conclusions.

2. The Tribe shall submit, with the report, a copy of

the eligibility determination made under subsection D of this

section.

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

Tribe:

a. Shall notify the National Indian Gaming

Commission; 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

Recc~rds System.

4. With respect to key employees and primary management

officials, the Tribe shall retain applications for employment and

reports (if any) of background investigations for inspections by

the Chairman of the National Indian Gaming Commission or his or her

designee for no less than three (3) years from the date of

S
~1

termination of employment.

G. Granting a Gaming License

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

Indian Gaining Commission receives a report, the National Indian

Gaming Commission notifies the Tribal Gaming Commission that it has

no objection to the issuance of a license pursuant to a license

application filed by a key employee or a primary management

official for whom the tribe has provided an application and

investigative report to the National Indian Gaining Commission, the

Tribe may issue a license to such applicant. All gaining licenses

for Class III employees shall be issued pursuant to the terms of

the Compact.

2. The Tribal Gaming Commission shall respond to a

request for additional information from the Chairman of the

National Indian Gaming Commission concerning a key employee or a

primary management official who is the subject of a report. Such

a request shall suspend the 30-day period under paragraph G.1. of

this section until the Chairman of the National Indian Gaming

Commission receives the additional information.

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

above, the National Indian Gaining Commission provides the Tribe

with a statement itemizing objections to the issuance of a license

to a key employee or to a primary management official for whom the

Tribe has provided an application and investigative report to the

National Indian Gaming Commission, the Tribe shall reconsider the

application, taking into account the objections itemized by the

National Indian Gaming Commission. The Tribe shall make the final

decision whether to issue a license to such applicant. Any final

decision with respect to Class III applicants shall be made in

accordance with the terms and conditions of the Compact.

H. License Suspension

1. If, afte- the issuance of a gaming license, the

Tribe receives from the National Indian Gaming Commission or the

State of Arizona, reliable information indicating that a key

employee or a primary management official is not eligible for

employment under subsection E. above, the Tribe shall suspend such

license and shall notify in writing the licensee of the suspension

and the proposed revocation.

2. The Tribe shall notify the licensee of a time and a

place for a hearing on the proposed revocation of a license.

3. After a revocation hearing, the Tribe shall decide

to revoke or to reinstate a gaming license. The Tribe shall notify

the National Indian Gaining Commission and the State of Arizona,

pursuant to the terms of the Compact, of its decision.

9
XII. License Locations

The Tribe shall issue a separate license to each place,

facility, or location on Indian lands where gaining is conducted

under this ordinance.

10
TONTO APACHE TRh~

Tonto Apache Re5crvatlon W30

Payaon, Arizona 8~54I

Telephone

474-5000 or 474.2068

Fnx~ 474-9125

RESOLUTION 3~,~g3

OF THE GOVERNING BODY OF THE

TONTO APACHE INDIAN TRIBAL COUNCIL

ADOPTING A GAMING ORDINANCE

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

the Tonto Apache Tribe and the State of Arizona have

entered into a TribalState Compact for purposes to

authorizing and regulating gaming on the Tonto Apache

Indian reservation; and

the Tonto Apache Tribe has engaged a management

development company to commence construction of a gaining

facility; and

the Tribal-State Compact has certain requirements, such

as the establishment of a gaming commission, which need

to be implemented to authorize gaming and carry out the

duties and responsibilities set-forth in the Compact; and

National Indian Gaming Regulatory Commission regulations

also require the adoption and approval of a gaming

ordinance; and

the gaming ordinance is based upon a model ordinance

suggested by the National Indian Gaming Commission, with

some changes to incorporate requirements of the TribalState Compact.

NOW THEREFORE BE IT RESOLVED, that the Tonto Apache Tribal Council

hereby adopts the gaming ordinance attached hereto as

Exhibit A.

CERTIFICATION

I, the undersigned, hereby certify that the Tribal Council of

the Tonto Apache Tribe, at Payson, Arizona is composed of five (5)

members of whom 9 were present at a Special Meeting held on

this ~LW~ day of TiLq , 1993; and that this foregoing

Resolution was duly adopteki by the affirmative vote of ~ members

of the Tribal Council.

-1

/

Je i Johnson Chairperson

1

f
Melton Campbell, Vice-Chairman

A~4~ ~&

oward Burdette, Sr., Council Member

~asi1da Joh~on, Council Member

Q~ iW~

David Kenny Davig, Council Member

ATTEST:

2