P.O BOX 309

ACOMA. N~W MCX7CO R7n:u

RESOLUTiON i~O. TC-SEFr-24--97-6A

TELJ~HO~E O5I532.WJ.~

FAX N.15/552-e.oOn

~PPROV1NC 1997 AME~D~ffNTS TO .~COMA GAMINC LAW, TITLE Ii

At a duly callcd meeting of the Iribal Council of the Pueblo of Acoma held on th~ 24t~

day 0f_S~ptemb~r 1997. the following resolution was adopted:

WHEREAS

Scction No. 1

Section No. 2

Section N~. 3

Section No. 4

Section No. 5

Section No. 6

The Pueblo of Acoma is a sovCrcign Indian nation, recognized as such by the

Icdcral govcrnment of the United States otAnieric~ and in the exercise of

its tribal sovereignly remains organizcd in accordance with Pucbfo traditiom

and

The Pueblo of Acoma accepted the terms of the 1nd~an Reorganization Act

(Congressional Act of June l~. 1934. Chaptcr 576. Codificd at 25 United

States Code Sections 461-479 (IRA)). However, the Pueblo is not organized

under the IRA and l~as no written Constitution. and

The Tribal Counc;I is the Legislative authority for the Pueblo of Acoma. This

resolution is passed in exercising the responsibilities and authorities of the

Tribal Council for and in the best interest of the Pueblo of Acoma; and

The federal Indian Gaming Regulatory Act (IGRA) of l9~ icquites an

approved tribal-slate gaming compact in order for an Indian tribc to conduct

Class lii gaming activity on tribal land: and

ftc 1994 Acorna Fribal Council Resolution No. TC-JCL-l9-94-l-Sb enacts

thc Acoma Gaming Ordinar~ce tnto law and 15 codified in Title II of Pueblo of

Acorna Laws -1995: arid

The 1 997 New Mexico Legislature enacted a Form compact and reVenue

sharing agreement which the State Governor is authorized to sign. by authority

or Chapter 190. New Mexico Laws -

l997~ and

PUEBLO OFACOMA OFFTCE OF ThE GOVERNOR
Resohition No

Page Two

Scction No 7

Section No. ~

Section No. 9

Section No. 10

Section No. II

Section No. 12

TC-SEPT24-9 36A

The 1997 coir~act rcquirc~ the Pucb~o of A~o~na to identify a Tobal Ga.rnirig

Agency to the State Gaming Reprcscnativc.

Rcso!ution No. TC-JUL-07-97 APPROVING UTHORZrNG 1997

TRIBAL-STATE GAM1~G COMPACT approvci and cnactcd into Acoma

lawN the 1997 Compacts.

Secretary of the Int~rioi Babbitt allowed the i997 Compacts to go into effect

as allowed by IGRA and as shown by Notice published in the Federal Register

on August 29. 1 997~ and

The Secretary made the Pueblo aware of the Departnicnts concerns about

two provisions in the Compact that appear ineonsistcnt with (IRA. i.e. the

rcvcnuc sharing provision and the regulatoi~ fcc structure.

The 1997 Amendments have bccn revic~sed by the Acoma Gaining

Comnii.ssion. the Administration. Casino management and Busmess Board: and

IGR.A rcquire.s the Tribal Council and the National Endian (laming Commission

chairrrian approve an ordinance or resolution authorizing Class I casino

gahiing.

NOW. Ti-IEREFORE. BE IT RESOLVED THAT

Section No. I

Section No. 2

Section No. 3

Section No. 4

The 1997 (iarriing Amendments attached to this resolution arc approved and

enacted into Acoma law: and

The Governor and Commission shall work with the National Indian Gaming

Commission for approval of these Amendments, arc required by IGRA.

Thc Governor shall notify thc State Gaming Representative that Acoma

Gaming Commission is the Tribal (laming Agency for purposes of regulation

and contact required or allowed by th~ 1997 Gaming Compact

The Gaming Amcndmcnrs sha!l be codificii.into the Pueblo of Acoma laws.

Tinvcnti
-J~ ~ i: cii

Rcso!ution No. TCSEP~-24976A

Page Thicc

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ATTEST:

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C E R II F I CA TI 0 N

1. thc undcr~igned as Governor of the Pueblo of Acorna. Sky City, hcrcby ccrtify that the

Acoma Tribal Council at a duly called meeting of the Tribal Council held on the _24th_ day of

Sept~ber .

1997. at Acoma PucbEo, New Mexico. approved this resolution, a quorum

being present and that ___~~_ voted ftw and opposed.

Dai~~ioofCAc~

ATTEST:

10P4L ~..J2
or,,,. 2~ /907 1997 Amendments to Acoma Gaming Ordinance

The 1994 Acoma Gaming Ordinance codified as Title 11 Gaming Ordinance in Pueblo of

Acoma Laws - 1995 is hereby amended to the following extent (new language is shown in italics;

deletions are shown by striking through the deleted language):

Section 3. Definitions, is changed by adding the following new subsection:

K. Gaming means any tribal bingo game, video gaming, and any other forms of

gaming defined in Section 9 of this Ordinance entitled Scope of Gaming.

L. Gaming Compact means a gaming compact signed by the Pueblo of Acoma

and deemed or otherwise approved by the Secretary of the Interior, pursuant to the

Indian Gaming Regulatory Act (IGRA) (25 U.S.C. §~ 2701-272 1) Public Law

100-497, 102 Stat. 2467-2488]..

2. Section 6. Tribal Gaming, subsection B is changed to read

B. The Gaming Manager shall supervise the administration of this section

pursuant to rules and regulations governing the holding, operating and conducting

of tribal gaming adopted by the Acoma Gaming Commission which shall be in

accordance with, and shall not violate the provisions of this ordinance. The

Gaming Manager or his designee shall provide for the rental or purchase of

premises and equipment required for the operation of tribal gaming, and shall

provide that tribal gaming shall be held, operated and conducted in conformity

with the provisions of this ordinance, any management contract approved by the

ACOMA Pueblo Tribal Council, the Gaming Compact, and the Indian Gaming

Regulatory Act (IGRA) (25 U.S.C. §~ 2701-2721) Public Law 100-497, 102

Stat. 2467-2488].

3. Section 6. Tribal Gaming, subsection C is changed to read

C. The Gaming Manager shall manage each tribal gaming operation on ACOMA

Land pursuant to the employment policies of the ACOMA Pueblo or, if thcy arc

not applicablc, with thc con3cnt of thc Govcrnor or thc Acoma Gaming

Commi33ion approved by the Acoma Pueblo Tribal Council or its designee.

The most recent policies applicable to the Pueblo as a whole, or its business enterprises or

casino specifically shall apply to tribal gaming.

4. Section 6. Tribal Gaming, subsection H is changed to read

H. Records Retention The gaming manager shall maintain adequate written

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records of bingo, and other Class II gaming activities on the premises for period

of at least 4 years. I Records for Class III gaming activities shall be maintainedfor

period ofat least 6 years. These records shall include:

I. Gross Receipts

2. Records of prizes, maintain pursuant to paragraph E above

3. Any and all expenses

4. Capital expenditures

5. Contract

6. Net profits

7. Payments to Acomas general fund.

8. Documents and calculations required to be maintained to satisj5i

terms ofthe gaming compact.

5. Section 7. Operations of Games, shall be amended to read

Subsection C is revised to read

C. Games of bingo and vidco other gaming may be conducted each and every day

of the week and at any hour of the date day or night, at the discretion of the

Gaming Manager except as limited by this ordinance, the regulations ofthe

Acoma Gaming Commission, the gaming compact orfederal law.

6. Subsection H is revised to read

H. No person under the age of eighteen (18) shall be allowed within the premises

either as a spectator or as a player during any session of tribal gaming. No person

under the age oftwenty-one (21) years shall be allowed to work or participate in

any Class III gaming activities. At small bingo games, persons under eighteen

(18) years of age shall be allowed to be present and play if accompanied by a

parent or legal guardian.

7. Subsection K. Security is revised to read

K. Security Acoma Gaming Enterprise shall adequate security, which at a

minimum shall require at least two security people on duty at all times. Video

gaming and all Class III gaming shall have an electronic and video surveillance

system installed and operating. Video tapes from surveillance shall be

maintained for a reasonable period of time. The security plan for the Acoma

gaming operation shall be review with the Acoma Gaming Commission at least

once each year.

8. Section 8. Violations; Jurisdiction, subsection C is changed to read

C. The Acoma Gaining Commission shall have jurisdiction over all civil

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violations of this ordinance and over all persons who are parties to a management

contract entered pursuant thereto, and may, in addition to the penalties prescribed

in Subsections (A) and (B) above, grant such other relief as is necessary and

proper for the enforcement of this 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, however, in this

ordinance shall be construed to authorize or require the criminal trial and

punishment of non-Indians except to the extent allowed by the Gaming compact,,

any applicable present or future Act of Congress or any applicable federal court

decision.

9. Section 9. Scope of Gaming, shall be revised as follows:

Subsection C. Casino gaming is amended by adding slot machines and deleting the

phrase sports betting and pari-mutuel wagering from the scope of permissible gaming. The

revised subsection shall read.

C. Casino gaming which includes but is not limited to:

1. Any house banked game, including but not limited to:

a. Card games such as baccarat, chemin de fer, black jack

(21), and poker;

b. Casino games such as roulette, craps, and keno;

c. Slot machines

2. Any 3port3 bctting an

.2 Lotteries.

10. Subsection D is changed to read:

D. Gaming compa~ct The scopc of Gaming permitted under this ordinance may

shall be restricted by gaming compact signed by the Pueblo ofAcoma and signed,

deemed or otherwise approved by the Secretary of the Interior, pursuant to the

Indian Gaming Regulatory Act (IGRA). Class III gaming, as defined in the

federal IGRA, is authorized only to the extent that a gaming compact is signed by

the Pueblo and signed, deemed or otherwise approved by the Secretary of the

Interior.

11. Section 11. Acoma Gaming Commission,

Subsection I. Powers and duty of the Acoma Gaming Commission is amended by

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adding a new Sub-Section 17 -

Compact regulation

Section 17- Gaming Compact Regulation.

a. The A coma Gaming Commission, referred to as the tribal gaming

agency in the gaming compact signed with the State ofNew Mexico, will

assure that the Pueblo will:

(1) operate all Class III gaming pursuant to the gaming

compact, tribal law, the IGRA and other applicable federal law;

(2) provide for the physical safety ofpatrons in any

gamingfacility;

(3) provide for the physical safety ofpersonnel employed

by the gaming enterprise;

(4) provide for the physical safeguarding ofassets

transported to andfrom the gamingfacility and cashier s cage

department;

(5) provide for the protection ofthe property ofthe patrons in the

gaming enterprise from illegal activities;

(6) participate in licensing ofprimary management officials and

key employees ofa Class III gaming enterprise;

(7) provide for detention ofpeople who may be involved in illegal

acts for the purpose ofnot~fying law enforcement authorities; and

(8) record and investigate any and all unusual occurrences

related to Class III gaming within the Pueblo ofAcoma.

b. The Commission shall have responsibility for satisfying all regulatory

requirements accepted by the Pueblo ofAcoma by terms ofa gaming

compact signed by the Pueblo and in effect under the terms ofthe IGRA.

12. Subsection K is changed to read

K. Appeals to Tribal Court Any person aggrieved by the fmal action of the

Gaming Commission may file an appeal to the Tribal Court. The Tribal Court

shall not take new evidence; it shall base its decision on the record made before

the Gaming Commission. An action ofthe Gaming Commission shall not be

reversed unless it is arbitrary, capricious or otherwise contrary to law. The

person shall file a notice of appeal, stating the specific basis of the appeal and pay

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S.

any court fees. Notice of Appeal shall also be delivered to the Gaming

Commission which shall, upon receipt of a Notice of Appeal deliver the

administrative record to the Tribal Court for review. Upon receipt of a notice of

appeal, the court clerk shall schedule a hearing before the Tribal Court. The

decision of the Tribal Court shall be final.

13. Section 12. Gaming Licenses and Investigations shall be amended as follows:

Subsection G. License fees is changed to read

G. License fees The Acoma Gaming Commission shall set a reasonable fee for

processing each license applications. A current license fee schedule shall be

available from the Commission upon request, and shall be supplied to each

applicant as part of the license application papers.

14. Subsection H. License Issuance shall be amended to read

H. License issuance by govcrnor3 officc Acoma Gaming Commission Each Acoma

Pueblo gaming license shall be issued by the Acoma Gaming Commission.

15. A new subsection I. Temporary License shall be added to Section 12, and shall read

I. Temporary License The Acoma Gaming Commission through its chair or

Executive Director may issue a temporary gaming license to individuals who have

completed a notarized Acoma Gaming application and a notarized Release of

Information form. For key employees, a preliminary background check shall be

conducted by the Commission before issuing a temporary gaming license. A valid

gaming license issued by another tribe or state which permits Class III gaming,

and which is in good standing with thatjurisdiction, may be used to satisj5i this

requirement. Any temporary license shall be validfor 90 days, or 5 days after

federal background reports have all been provided to the Commission, whichever

the Commission determines is in the best interest ofA coma gaming A temporary

license may be revoked or suspended by the Commission at any time, for good

cause.

16. A new subsection J. Licensing Providers of Gaming Equipment Devices or Supplies shall

be added to Section 12, arid shall read:

.1. Licensing Providers of Gaming Equipment. Devices, or Supplies

1. The Acoma Gaming Commission shall have responsibility

for licensing providers ofgaming devices and supplies, including

those required by the gaming compact. The commission shall

obtain sufficient information and identifIcation from the proposed

seller or lessor and all persons holding any direct and indirect

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financial interest in the lessor or the lease/purchase agreement

concerning gaming equipment, devices or supplies, to permit the

Commission to license those people.

All contracts and accounts for supplies, services, and concession

for a contract amount is excess of $25,000 annually (except

contracts for professional legal or accounting services) relating to

Acoma gaming shall be subject to licensure. The Commission

shall also have authority to license a small vendor if that is in the

best interest of the Pueblo of Acoma.

2. Licensing Standards The Gaming Commission will apply

the same standards for the licensing ofvendors as are applicable

under this ordinance for gaming employee licenses.

3. License suspension and revocation The provisions ofthis

ordinance applicable to employee license, suspension and

revocation shall apply to the suspension and revocation ofany

vendor s license issued under this subsection.

4. License Fee Each person applying to the Acoma Gaming

Commission for a vendor s license shall pay afee pursuant to a

fee schedule established by the Acoma Gaming Commission.

17. Section 13. Site Permits for Gaming needs to be changed to limit the Pueblo lands

where a gaming facility can be situated. A new subsection C is added

C. Appropriate Lands for Gaming Sites A site permitfor a gamingfacility can

only be issuedfor lands within the A COMA Pueblo s grant and reservation lands,

and other lands held in trust be the United States for the A COMA Pueblo or

owned by the A COMA Pueblo subject to restrictions against alienation imposed

by the United States and over which the tribe exercises jurisdiction and

governmental authority as those boundaries existed on October 17, 1988.

E:\ACOMA\GAMING\DOCUMNTS\ 1 997\08-2 I ORD.AMD

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