June 8,2009 

VIA MAIL & FACSlMZE : 575-759-3242 

Levi Pesata, President 

Jicarilla Apache Nation 

P.O.Box 507 

Dulce, New Mexico 87528-0507 

RE: The Jicarilla Apache Nation Gaming Ordinance Amendment April 3,2009 

Dear President Pesata: 

This letter responds to your request to the National Indian Gaming Commission 

WGC) for the review and approval of an amended Jicarilla Nation Gaming Ordinance 

that was received May 4,2009. 

The original JicariIla Apache Nation Gaming Ordinance was approved on April 

E 1, 1994. Ths comprehensive amendment was adopted by the Legislative Council of the 

Jicarilla Apache Nation by Ordinance No. 2009-0-226-04. This letter constitutes approval 

of this amended gaming ordinance pursuant to the Indian Gaming Regulatory Act 

(I GRA) . 

It is important to note that the gaming ordinance is approved for gaming only on 

Indian lands, as defined in the IGM, over which the Jicarilla Apache Nation exercises 

jurisdiction. Furthermore, this approval does not constitute approval of specific games. 

submitting this amendment to the Jicarilla Apache Nation Gaming 

rking with our staff to assure that this version is comprehensive and 

IGRA. Should you have any questions or concerns, please contact 

omey assigned to this matter, at 202-632-7039. 

NATIONAL HEADQUARTERS 7441 L St NW, Su~te 9100, Wash~ngton. DC 20005 Te1.202.632.7003 Fax 202 632.7066 W.NIGC.GOV 

REGIONAL OFFICES Portland, OR, Sacramento, CA, Phoenix. Ai!. St. Paui. MN, Tulsa, OK 
Re: GAMING REGULATION 

(Amending Ordinance [Chapter] No. TitIe 22 Chapter 2 Gaming Regulation) 

Ordinance No. 2009-0-226-04 

WHEREAS, the 3icarilla Apache Nation ('Wation") is a federally recognized Indian 

Tribe organized under the Indian Reorganization Act of Jlrne 18,1934 (25 U.S.Ctj476); And 

WHEREAS, the Jicarilla Apache Legislative Council is authorized by Astide XI, 

Section 1 of the Revised Cnnsti~~tior? af the Xs'pion to enact ordinances to promote the peace, 

safety and general welfare of the Nation; And 

WHEWAS, the Nation enacted the JicarilIa Apache Gaming 0~din~r.e or, P?/iach 24, 

1 OOA /IT? -".L:-L WILILII ---- was approved by the National Indian Gaming Commission on April 1 1, 1994, and 

which is codified at Title 22, Chapter 2 of the JicarilIa Apache Tribe Code, in order to authorize 

and regulate gaming on the Nation's lands; And 

WHEREAS, the Legislative Council has determined that it is in the best interests of the 

Nation to amend the Gaming Ordinance at this time; And 

WHEIEEAS, the Legislative Council has determined that this Gkming Grdinsl~ee a 

amended shall repeal and .pp!zce my ad all exisiing xati~n &solution(s) addressing or 

pertaining to the Nation' s gaming activities or revenues generated therefrom, 

r 7 rn--- - -7 - - 

IIW"~, ln~Ktr;BilRE, BE IT ORDAINED, by the Legislative Council of the Jicarilla 

Apache Tribe that the Jicarilla Apache Gaming Ordinance, Title 22, Chapter 2, of the Jicailla 

Apache Tribe Code, is hereby mended to read as follows: 

TITLE 22, CHAPTER 2 

GAMlNG REGLK-ATION 

The Legislative Council of the Jicarilla Apache Nation, a federally recognized Indian 

tribe ("Nation"), hereby enacts this Ordinance pursuant to its authority under Article XI, Section 

1 of the Revised Constitution of the JizarilIa Apache Nation, which shall be codified as Title 22, 

Chapter 2 of the Jicarilla Apache Nation Code. 
Section 1. Purpose. 

The purpose of this Chapter is to make lawful md to rern~lzte - the opemtic?~~ conduct, &id 

playing of games of chance on Jicailla Apache lands, to produce revenue to fimd governmental 

operations and programs of the Nation, to promote the health, education and weIfare of the 

Nation and its members, to promote economic development of the Nation, and to fund other 

lawful activities of the Nation in conformity with the Indian Gaming Regulatory Act, 25 U.S.C. 

$2710 et. Seq. (YGRA"). This Chapter shall apply to aH gming activity on Jicailla ,ALp&e 

lands. 

Section 2. Definitions. 

Unless specified otherwise, terms used herein shdl have the same meaning as in IGU. 

Further, for the purposes of this Chapter: 

a. "Chairpersam" means the Chair of the Jicarilla Apache Gaming Regulatory 

Commission esta'D?ished by this Ciapier 

b. "Chss Ii gaming" means class ii gaming as defined by IG-RA and regulations of the 

National Indian Gaaning Cnm-mission CLNIGC"). 

c. "Class I11 gaming" means class 111 gaming as defmed by IGRA and regulations of 

the NIGC. 

d. "Compact" means any Tribal-State Gaming Compact, including amendments 

thereto, between the Nation and the State of New Mexico that is in effect governing 

class 111 gaming on Jicarilla Apache lands. 

e. "Gaming activity" means any class TI gaming and/or class I11 gaming as defined in 

this Chapter. 

f. "Gaming device" means any mechanical, e~ectmmechanical, eIectronic, or video 

machine or device that, for consideration, allows a pIayer a play a game of chance. 

"Gaming device" includes any such machine or device whether the game played is a 

class 11 or a gaTLe, ~qd ds0 iEcludes "@t~~i~~ >v,tzchifies" as defined iii the 

Compact. 

g. 'bGaming facility" mesqs ~37.f b?i?ding, room or sez&x~ ki r~k,.Fe'.-h .. A.Awln zqy g~-;=. LULL^ 

activity is conducted, including any fiIIs and credits and my area where m-y cmmnry 

or coin related to or generated from any gaming activity is stored or counted. 

"Gaming facility" does not include any non-gaming area, such as a restarmt, gift 

shop, parking lot or hotel, regardless of whether such non-gaming area is within the 

exterior walls of any building, room or structure in which any gaming activity is 

conducted. 
h. "Gaming operation" means a business entity owned by the Nation for the conduct of 

any gaming activity in any gaming facility on the Jicarilla Apache lands. 

i. "Gaming-related services" mems my g~~ds, S~FJ~C~S or ~~nee~sioii~ provided or 

used in connection with gaming activities, whether exclusively or otherwise, 

including but not limited to, equipment, gaming devices and components thereof, 

equipment ancillary to gaming devices, implements of gaming activities such as 

playing cards and dice, furniture designed primarily for use with gaming activities, 

s-~-ve311mce or security equipment, and consuiting services. "Gaming-related 

services" does not 'clrrde pr~fessin~a! !egd c!w acco~~.~ting services. 

bb j. Gaming Vendor'' means any person providing gaming-reIated services ?a the 

gaming operation, management contractor, or the gaming facility, as determined by 

the JAGRC. 

k. "Jicarilla Apache Gaming Regulatory Commission" or "JAGRC" means the 

dicarilla Apache Gaming Regulatory Commission established by this Chapter. 

1. "Jicarilla Apache lands" means all Iands within the exterior boundaries of the 

Jicxi!!a Apzche Rese~~ration =if my !aid3 iiile to which is either held in trust by the 

United States for the benefit of the Nation or held by the Nation subject to restriction 

by the United States against alienation and over which the Nation exercises 

governmental power. 

m. "Key employee" means: 

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

Approver of Credit; 

Assistant Comptroller; 

Assistant General Manager; 

Assistant Slot Manager; 

Assistant Vault Manager; 

Bar Manager; 

Bingo Caller; 

Bingo Manager; 

Cage Manager; P--:-- n 8 7-F- --% 

tdh111U lVld.IldgCr, 

Comptroller; 

Cnl~nting Ro~m Supemisor; 

Croupier; 

Custodian of gaming supplies or cash; 

Custodian of gaming devices, including persons with access to cash and 

accounting records within such devices 

Dealer; 

Floor Manager; 
General Manager; . . JAGKC C~mm:ss:or,er; 

Personnel Manager; 

Pit Bes5q 

Securiv ManagerKhief of Security 

Security Officer; 

Slot Manager; 

Vault Manager; 

Any empIoyee of the JAGRC; and 

AA. Any employee with access to "sensitive area"', which at the discretion of 

the JACRC shall include the surveillance room, cage, vault, and any 

location in which money is counted or stored. 

2. Any other person whose total cash compensation exceeds $50,000.00 per 

year; or 

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

gaming operation. 

n. "Legislative Council" means the Legislative CounciI of the Jicarilla -4pgche 

Nation. the governing body of the Jicarilla Apache Nation, duly elected in accordance 

with the Constitution of the Jicarilla Apache Nation. 

0. "Nation" means the Jicarilla Apache Nation, its authorized officials, agents and 

representatives. 

P . "Net revenues'bmeans gross gaming revenues of a gaming operation Iess 

amounts paid out as, or paid for, prizes, and total gaming-related operating expenses. 

excluding management fees paid to any management contractor. Operating expenses 

include but are not limited to annual fees paid to the NIGC, utilities costs: insurance 

costs, maintenance costs, costs of supplies, security services costs, janitorial services 

costs, trash removal costs, taxes, rent, travel costs related to the gaming operation, 

lawyersbd accountants' fees, fees paid tc hdepe~dea azdibrs, md such 

deductians or charges as may be specifically authorized by this Chapter. "Net 

revenues" as used in this Chapter are not the same as "Net 'JFJ~E" $-- lul -------- pu~p~acb VL -r "-- LI~G 

Compact. 

9. "NIGC" means the National Indian Gaming Commission estabIfshed under the 

IRGRA. 

r. "Non-gaming vendor'keans any person providing any goods or services (other 

than gaming-related services) to the gaming operation, management contractor, or the 

gaming facility, but excluding any professional legal or accounting services. 
s. "Personn means any naturd person or entity, including but not limited to any 

partnership, corporation, trust or other legal entity. 

t. "Police Department" means the Jicarilla Apache Nation Police Department. 

V. "Primary management official" means: 

I. The person having management responsibility for a management contract; 

2. Any person who has the authority: 

A. To hire and fire employees; 

B. To set up working policy for the gaming operation; or 

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

responsibility. 

w. "State" means the State of New Mexico, its authorized officials, agents and 

representatives. 

x. "Trial Court" means the trial court of the Nation estabIished by Article XXIII of 

the Revised Constitution of the Nation. 

Section 3. Nature and Scope of Gaming Activities. 

--- a. Authorized Gaming Activities. Class II gziiing hid CIass 11I giiiiiig xe hereby 

authorized on Jicarilla Apache lands, provided that the conduct of such gaming is in conformity 

with this Chapter. Further, only those forms of gaming authorized within the applicable license 

issued by the JAGRC may be operated within a gaming facility. 

b. Ownership of Caminn Activity. The Nation shall have the sole proprietary 

interest in and responsibiIity for the conduct of any cIass II or class III gaming activity on 

Jicarilla Apache lands authorized by his Chapter; provided that (I) ~otbing herein sha!! prrirent 

the Nation from entering into a management contract for the operation and management of any 

gaming activity, and (2) nothing herein shall prevent the JAGRC from authorizing by regulation 

individually owned class I1 far charitable purposes by entities other than the Nation: to the extent 

permitted and in accordance with IGRA and any applicable NTGC reg~lartions, 

C. %!~gerin=: Llmitztims. ne JAGRC sha!! be regddon iipprwe t!!e mwkir;i 

wager for each class and form of gaming conducted in accordance with this Chapter. A gaming 

operation may set maximum wagers in its gaming fzci!ity zt ct !?eve! less thm the maim;;?; 

wager approved by the JAGRC. 
d. Hours of Operation. The JAGRC shall by regulation approve the hours and days 

during which gaming activities can be conducted within each gaming facility. 

e. Limited English-Only Policy. It is the Nation's finding that an English-only 

policy is necessary in certain "sensitive areas" of its gaming facilities to permit supervisory and 

surveillance staff to fully perform their job responsibilities. These responsibilities include the 

prevention of colIusion stnd theft, and thus the protection of Nation assets. To this end, the 

JAGRC shall have the discretion to enact a regulation limiting the use by an employee of any 

language other than E.nglish in zny "ser,sitive ma'' of a g~~ixg fzcilitjr. Sazh policy shall be 

narrowly tailored to meet these needs and shall contain the folIowing provisions: 

1, "Sensitive area" shall be defined to include the surveillance room, cage, 

vault, and any location in which money is cnlmterl Qr st~red: 

2. No language other than English may be spoken in any sensitive area; and 

3. All empIoyees must be ink-ed ~f this policy, ,s ".-I1 WGll *- a> 'L- UIC 

consequences of its violation. 

f. Prohibition on Minors. 

1. Participating in Gaminp. No person under the age of eighteen (1 83 shall 

participate in any Class 11 gaming and no person under the age of twenty one (21) shall 

participate in any Class 111 gaming. 

2. Emvlowent. No person under the age of twenty one (21) shalI be 

employed in one of the following types of positions: a position that is directly connected with 

the conduct of Class IT1 gaming; a position that handles the proceeds of Class I11 gaming; or a 

position that handles any "Gaming Machine" as defined in the Compact. Nothing herein shall 

prohibit the employment of a person under the age of twenty-one (21) in one of the following 

types of positions: bartender, cocktail server or other position engaged solely in preparing or 

serving foods or beverages; secretarial or janitorial personnel; stage, sound and light technicians; 

and other nongaming personnel. 

Section 4. Use of Net Revenues and Accounting Controls. 

a. Use of Net Revenues. Net revenues (as defined in this Chapter) from any Class I1 

or Class I11 gaming, or any individually owned gaming, shall be used exclusively for the 

following purposes: 

1. To fund government operations or programs of the Nation; 

2. To provide for the general welfare of the Nation and its members; 

3. To promote economic development of the Nation; 
4. To donate to c.h~itzhEe ~rgmimtions ide~tified by the Ccmci!; fir 

5. To help fund operations of local governmental agencies. 

b. Separate Accounting for Gaminp Revenue. In order to assure cornpIiance with 

any applicable restrictions on the use of gaming revenue under federal law or the Compact, the 

Nation shall create accounts for its gaming revenues that are separate from those which are used 

for purposes that may not be funded from gaming revenues. 

c. Annual Audit. All gaming operations shall be subject to an annual audit by 

independent certified public accountants selected by the gaming operator and approved by the 

JAGRC. The JAGCR shall supervise the conduct of the audit. Copies of the annud audit shall 

be submitted to the JAGRC, and sent to the Legislative Council and the NIGC within 120 days 

after the end of each fiscaI year of the garning operation. All gaming related contracts that result 

in purchases ~f qi;li~s, sei-~kts, or concessions for rnm than $25,000 in my year jexcepir 

contracts for professional legal or accounting services) sha!! be speclfi;.cd!y included witbiz? the 

scope of the annual audit. Nothing in this section shall be construed to limit the authority of the 

Legislative Council to require other or additional audits of a gaming operation. 

Section 5, Protection of the Environment and the Public Health and Safety. 

a. Standard. All gaming facilities shzll be c~n~@-~:ic~ed, fl$::tsI~+$ ii-~rat~il -r------ iii -- 2 

manner that adequately protects the environment and the public health and safety. and that 

complies with all applicable health, safety and em7ircru*1:efitz! stmdads imposed by fede! or 

tsibal law or by any appIicable tribaI, federal or triballstate agreements or compacts. Each 

gaming facility shall meet the stricter of the foregoing appiicabie requirements. 

b. Certificate of Com~liance. Before any gaming activity is conducted in any 

gaming facility, the gming operation or management contractor shdl obtain a certificate of 

compliance hrn the JAGRC. J3e JAGRC shall issue such a certificate of compliance upon a 

determination - in consultation with other relevant agencies of the Nation - that the gaming 

facility complies with applicable health and safety standards. 

Section 6. Jicarilla Apache Gaming Regulatory Commission. 

a. Establishment of the Jicarilln Apache Gaming Regulatory Commission: 

Appointment; Term. The Legislative Council hereby establishes an independent regulatory 

Commission to be known as the Jicariiia Apache Gaming Keguiatory Commission ("JAGRC"), 

members of which shall be appointed by the President with the approval of the Legislative 

CounciI. Commissioners shall be key employees and shall serve for a term of three (3) years 

commencing on the date of their appointment. Terms shall be staggered so that no mare than 

two terms expire in the same year. Commissioners may serve more than one tern and may serve 

past the expiration of any tern until replaced or removed. 

1. Existing Commissioners. Notwithstanding anything in this Section 6 to 

the contrary, wth regard to the Commissioners who were in office as of the date on 
which this Chapter is approved by the Legislative Council, the following terns shaII be 

assigned: 1) the Chair shall be assigned an initial term of three years; 2) the Vice Chair 

shall be assigned an initial term of two years; and 3) the SecretaryITreasurer shall be 

assigned an initial term of one year. Thereafter, all Commissioner shall serve a three year 

tern as provided for in this Chapter. 

b. Independence of the JAGRC. In order to maintain independence and ensure the 

highest level of integrity, the Legislative Council shall not interfere with JAGRC business or 

compromise the JAGRC's ability to perform its duties md resp~nsibilities as prwided for in this 

Chapter. The decisions of the JAGCR regarding licensing, suitability and compliance with 

applicable law shall be within the exclusive controI of the JAGRC has exceeded its authority 

under this Chapter. 

c. Composition of the JAGRC. The JAGRC shall be comprised of five (5) 

Commissioners, a majority of whom shall be members of the Nation. A Commissioner may not 

be an elected official of the Nation, or be an employee of or have a financial interest in any 

gaming facility or gaming operation of the Nation, while serving as a Commissioner. 

d. Officers of the JGRC. The President shall appoint one member of the JAGRC to 

serve as Chairpersm. The CCF-v.issi~nss shd! select a Vice=Chzi: md a S~cretxiry~Tsewier 

from among the membership of the JAGRC. 

1. Chairperson. The Chairperson shall preside over any meetings called and 

shall be the official representative to the New Mexico Indian Gaming Commissioner's 

Association. The Chairperson shall be responsible for monitoring JAGRC staff and 

occurrences within any gaming facility and reporting the same to the other members of 

the JAGRC. The Chairperson shall exercise any and all other duties of the JAGRC as 

assigned by the Legislative Council, consistent with this Chapter. The Chairperson 

position shalI be a full-time position. 

2. Vice-Chair. The Vice Chaii shall assixme the rvle of the Chairperson in 

the Chairperson's absence. The Vice-Chair shall be responsible far all other duties as 

assigned by the Chairperson. The Vice-Chair position shall be a park-time position. 

3. SecretarylTreasurer. The SecretaryJTreasurer shall be the official 

custodian of all files and records of the JAGRC and shall be responsible for recording, 

either in writing or electronic medium, the minutes of all JAGRC meetings. 

SecretarylTTreasurer shaIl also serve as the Treasurer of the JAGRC and shall be 

responsible for ensuring that JAGRC funds are disbursed in accordance with the budget. 

The Secretary/Tseasurer shall also be responsible for dl other duties as assigned by the 

Chairperson. The SecretafylTreasurer position shall be a part-time position. 

e. Qualifications of JAGRC Commissioners. Commissioners must possess 

a minimum of one (1) year gaming management and/or regulatory experience, or one (1) year of 

comparable business experience. Commissioners must be of high moral character and must meet 

or exceed the standards set for key employees as established by this Chapter. As key empIoyees, 
Commissioners shall be required to pass a background investigation, which shdI include a 

review of financial, criminal, nnd employment history, and must hold a vaIid gaming license 

consistent tiherewit. Before srinmiiiing st proposed Commissioner to the Legislative Council for 

approval, the President shdl cause a background investigation to be conducted to determine 

whether the person is eligible to serve on the JAGRC consistent with this Chzpter. 

f. Cornwensation ofthe JAGRC. The compensation of members of the 

JAGRC shall be established by resolution of the Legislative Council. AdditionaIly, 

Commissioners shall be reimbursed for all reasonable expenses incurred in connection with the 

performance of their duties as Commissioners. 

g. Meeting of JAGRC. The JAGRC shall meet at least once every week at 

such time and place as it deems appropriate, and shall discuss and vote on all pending matters. 

Unless my C~rniis~i~fier obje~is, my meeting may "o heid by teleconference or by poiiing. 

1. Regular Meetings. Regular meetings of the JAGRC may be 

held upon specified dates to be established by the JAGRC, and at such time and place as 

it deems appropriate. Unless otherwise specified by the JAGRC, no notice of such 

regular meetings shall be necessary. 

2. Special Meetin~s. Special meetings of the JAGRC may be 

called by the Chairperson. The Chairperson shall fix the time and place of the special 

meeting. The Chairperson shalI give written notice of all special meetings to all 

Commissioners when practicable, but nothing shall prevent the Chairperson from caIIing 

a speciaI meeting upon verbal notice to each Commissioner at least four hours before the 

meeting is scheduled to begin. Neither the business to be transacted at, nor the purpose 

of, any special meeting of the JAGRC needs to be specified in the meeting notice. 

3. Quorum. Three Commissioners shall constitute a quorum for 

the purpose of conducting business at any meeting of the JAGRC. All off~cial actions of 

the .TAGRC shall be taka by ma;nrity vote of the C~nmissi~f;llers presefit ;tt a meeting 21 

which a quorum is present. The Chairperson may vote on any issue. 

4. Minutes. The Secretaqflreasurer shall be responsible for 

recording, either in writing or electronic medium, the minutes of all JAGRC meetings. 

The JAGRC sha11 ensure that accurate minutes of all meetings are kept and that the 

minutes are approved by the JAGRC. As the official custodian of all files and records of 

the JAGRC, the SecretaryJTreasurer shall maintain official copies of all approved 

minutes. 

h. Vacancies. 

1. Death, disability or resignation. In the event my Commissioner dies, 

becomes disabled, or resigns before the ~xpiration of his =r her tern, f~r my other 

reason a Commissioner position becomes vacant, the President shall appoint and the 

Legislative Council shall confirm a successor to serve out the balance cf thzt 
Commissioner's term. In the case of resignation, a Cormnissioner must provide at least 

thirty (30) days notice before such resignation may take effect. Furthermore, a 

Commissioner who has resigned may not engage in any gaming activities in any gh~g 

facility of the Nation for a period of one (1) year after such resignation takes effect. 

2. Removal. The Legislative Council may only, by a majority vote, 

remove a member of the JAGRC from office before the expiration of his or her term for 

neglect of duty, malfeasance or other good cause shown. Any mem ha* ,..r +La T A P D fl Wbl Wl &JlG J n\J~l_r 51_1 

removed shall be subject to any policy of the Nation regarding removal and the 

ramifications thereof. 

Powers, Duties and Authoritii of the JAGRC. -rY- - 1. ~ne JAGRC shail have the 

power, duty, and primary responsibility of executing md enforcing the Nation's regulatory 

responsibilities and ensuring the compliance of all gaming activities on Jicarilla Apache land 

with all applicable laws, including the requirements of this Chapter and the Compact. The 

JAGRC shall also have the power, duty and primary responsibility for ensuring the integrity and 

reputation of the Nation and its gaming activities and shall be accountable directly to the 

Legislative Council or its designees for the proper perfnmmce nf these ~?I~;.PF. JAGRC 

,-hall also be responsible for safA----~:-- G~UUUIII~ the XT-~: IY~UOU --9- 5 ------ ~SGCS - irzznsported to, with, and kom any 

gaming facility. The JAGRC shall accomplish these goals through formal actions under 

provisions including the following. 

1. Reports to the Legislative Council. The JAGRC shaIl report to the 

Legislative Council at least quarterly concerning the status of the regulation of gaming 

activities on Jicarilla Apache land. 

2; On-Site Grming ?.~,~da?i~~. The JPGPX shd! have the p~*r'm, &rip-, ad 

primary responsibility of conducting on-site gaming regulation and control, including the 

inspection, testing, auditing and examination of all gaming activities on Jicarilla Apache 

land. The JAGRC shall have unrestricted access to all areas of a gaming facility at all 

times, including the authority to demand access to and inspect, examine, photocopy and 

audit all papers, books and records relating to any gaming activity, gaming faciIity or 

gaming operation, regardless of their location, in an effort to protect against my illegal 

activity. 

3. 1vesti~ations.The JAGRC shdi have the power, duty and primary 

responsibility to investigate any aspect of a gaming activity, gaming facility, or gaming 

operation in order to protect the integrity of the Nation's gaming activities and the 

public" interest therein, as well as to prevent any improper or unlafil conduct in the 

course thereof, to protect the Nation's assets, and to ensure compliance with this Chapter. 

In particular, the JAGRC shall investigate any suspicion of wrongdoing in connection 

with any gaming activity, gaming facility, or gaming operation, and shall investigate all 

credible info-- .-- -.. -..- -r t:- Dt--r-- Alllat;wh nugg~a~~lig a v;u'lauuu u~ tuts ~uilyt~~. 

4. Safety of Personnel and Patrons. The JAGRC shall work with the 

gaming operation to ensure the physical safety of personnel employed in any gaming 
facility or by any gaming operation. The JAGRC shall also work with the gaming 

operation to ensure the physical safety or my patron in any gaming facility, and shail also 

provide for the protection of the property of the patrons. 

5. Safeguarding of Assets. The JAGRC shall have the power, duty, and 

primary responsibility of providing for the physical safeguarding of assets transported 

within aid to fi~m a~y gziiiiig fzeiliiji. 

6. Garninn Licenses. The JAGRC shall issue, deny, renew, suspend 

an& revoke all licenses in accordance with this Chapter. 

7. Background Investigations. The JAGRC shall conduct or cause to be 

conducted background investigafions as required by this Chapter. OT 2s mzy he, ir? the 

discretion of the JAGRC, reasonably necessary to carry-out its'duties and responsibilities 

under this Chapter. 

8. SweilIance. The JAGRC shall be responsible for providing surveillance 

coverage of the gaming facility. At its discretion, the JAGRC shall determine who 

should provide surveillance coverage of at1 other areas. The JAGRC shall adopt 

regulations establishing minirr 11- ntqnrlerrle Fn* nqnnra;lle-na an*-:----+ --A -----A----- LUl11 DCCUIUCUUO IVl JUI VLlLLCUlbL L~Ul~lIIIIClII (U1U ~LULCUUIGS 

that shaii govern in aii instances. 

9. Review of Plans. The JAGRC shall review and approve floor plans 

and surveiIIance systems for each gaming facility and may confer with other 

organizations regarding the adequacy of such pIms and systems. 

10. Health and Safety Standards. The JAGRC shaIl enforce the health and 

safety standards applicable to the gaming facilities under this Chapter and my other 

applicable laws. 

d P 1. Hearinas. lhe JAGKC is empowered to conduct any hearing, 

investigation, or inquiry, compel the appearance of any person or the production of any 

idormation or documents, and otherwise exercise the investigatoiy pwaers i;ezessai t~ 

carry out its duties and responsibilities under this Chapter. The JAGRC may at its 

discretion designate n hearing official or one or more members of the JAmC tc! ccn6cct 

such a hearing on its behalf. 

A. Subpoena. The JAGRC may issue a subpoena to any person 

within the jurisdiction of the Nation compelling such person to appear before it and 

provide testimony and/or to produce for inspection any information, documents, or other 

materials. 

B. Oath of Affirmation. The JAGRC shall have the power, duty, and 

primary responsibility of administering oaths or affirmations to witnesses appearing - 

before the JAGRC. 
C. Emergency Orders. The JAGRC may issue emergency orders 

having immediate effect without a prior hearing whenever the JAGRC determines such 

order is necessary to protect the public interest, the integrity of gaming activities on 

Jicarilla Apache lands, or the Nation's resources. The JAGRC shall provide mtice 

an opportunity to be heard to the affected person as soon as is reasonably practicable 

following issuance of an emergency order. 

12. Civil and Criminal Actions. The JAGRC may in the name of the Nation 

bring any civil action in any court of competent jurisdiction to enforce the provisions of 

this Chapter, IGRA, any Compact or other applicable law, or to enjoin or otherwise 

prevent any violation of this Chapter, IGRA, any Compact or other applicable law, 

occurring on JicarilEa Apache lands. The JAGRC may also refer suspected criminal 

violations of this Charter, IGKA, or other applicable law to the appropriate governmental 

authority for investigation and prosecution as prescribed by the Compact. 

13. Rulemaking Efforts. The JAGRC is authorized to adopt regulations P.. miL/'~r policies md proced-ues as it deems necessary or helpmi in order to cany-out its 

duties and responsibiIities under this Chapter. 

14. Document Execution. Tne jAGRC shaii have the power, in accordance 

.,;+I. -tLnr n..+.l:amLln I.-.,,.n ,C af - IT-&:-- Wlul YLIIGI Qpp~~~a~~~ lawa UL luarrurl, to execute conWacis, agreements, eic., 

reasonably necessary to carry-out the requirements of this Chapter. 

15. Other Appropriate Duties. The JAGRC shall carry-out such other 

duties as assigned by the Legislative Council regardless of whether such duties relate to 

the regulation of gaming. Such assignment shall be made by formal action of the 

Legislative Council 

j- Commission Staff. The JAGRC shall be staffed by an appropriate number of 

individuals in psitinns that, a? the discretior? nf the Jd4GP,C, rtlz;r be either h!!-time sr pa<-tize 

positions. JAGRC employees skaii report oniy to the JAGRC; any attempt to circumvent this 

chain nf corn-mm-d sha!! he gomd fclr discip!hzry zcti~n. A!? J.4OF.C emphyees shd! be key 

employees. 

1. Staff Director. The administrative head of the JAGRC staff shall be the 

Staff Director. The Staff shall be a permanent, full-time employee of the JAGRC, and as 

with all other JAGRC employees, the Staff Director shall be governed by the JAGRC's 

Personnel Policies and Procedures. The JAGRC shall advertise and screen cazzrlid~te~ f~r 

Staff Director, submitting recommendations to the President. The President, upon 

recommendation of the JAGRC Commissioners, shall select the Staff Director. The Staff 

Director shall report to and work under the direction of the JAGRC Commissioners, and 

shdl keep them fully informed of all gaming and/or other relevant activities. The Staff 

Director shall also be responsible for coordinating interactions between that JAGRC and 

other tribal, federal, state, and local agencies as necessary. 
Pnmnl; can-a Tn ~+mn+-rr. T- a"., +I.- :-+.-.-:+-. 2. uu~rrv~fiu~iuu U~VLC~~W~D. LILaUIG LllC LIILC~IIIJ ~f all giiiikg 

activities and to carry out its duties under this Chapter, the JAGRC shalI employ 

Compliance Inspectors who shall be under the sole supervision of the JAGRC and not 

under the supervision of any management contractor or gaming operation. The 

Compliance Inspectors shall have unrestricted access to all areas of the gaming faciIities 

at all times. The Director of Compliance Inspectors shall report to the Commissioners 

and the Staff Director regarding both routine activities and any failure or suspected 

faiIure by the gaming operation or any management contractor to comply with my of the 

provisions of this Chapter or any other applicable laws. 

k. Budnet of the JAGRC. The JAGRC shall prepare an annual operating 

budget which shall be subject to the approval of the Legislative Council. The Legislative 

Council shall act in good faith to approve the budget and no unjust pressure shall be placed on 

the JAGRC through the budgeting process. Such budget shall be sufficient for the JAGRC to 

satisfy its duties and responsibilities under this Chapter, including the ability to ernpIoy a staff as 

prescribed by this Chapter, and retain legal counsel, consultants and other professional services, 

incIuding investigative services, to assist the JAGRC with respect to any of the issues over which 

the JAGRC exercises jurisdiction. 

I. Patron Disputes. The JAGRC shall adopt regulations establishing prccedwes 

for the resolution of disputes between a gaming operation-md a patron in the event the dispute 

cannot be resolved by the gaming operation. Notice of such procedures shall be posted in a 

conspicuous location within the gaming facility at all times gaming activities are conducted. 

Where a patron alleges that either bodily injury or property damage was caused by the conduct of 

the gaming operation, such regulations shaIl satisfy the specific requirements of the Compact. 

Were a patron alleges something other than bodily injury or property damage caused by the 

conduct of the gaming operation, such regulations shall include the degree of due process 

specified in Section 1 l(c) of this Chapter. 

m. Rulernakin~ Efforts. The JAGRC is authorized to adopt reguEations andor 

policies and procedures as it deems necessary or helpful in order to carry-out its hties ~qd 

responsibilities under this Chapter. 

1. Remlations. The JAGRC shall adopt regulations governing the 

regulation, operation and/or management of all gaming activities, including those 

specified below, and to ensure compliance with this Chapter and any other applicable 

law. Regulations promulgated by the JAGRC shall be effective upon approval of the 

Legislative Council. 

A. Class 111 Gaming. The JAGRC shall adopt regulations 

establishing standards of operation and management for class I11 gaming that are 

consistent with industry standards and are adequate to protect the integrity of the 

gaming activity, The standards for conducting class 111 gaming shall incIude all 

regulations required by the Compact. If no Compact is in effect and Compact 

negotiations fail or become unnecessary under IGRA, the standards for 

conducting class TI1 gaming shalI include all requirements that, in the discretion of 
the JAGRC, are required for the gaming activity to be in full compIiance with 

applicable Iaw. 

B. Class I1 Gaming. The JAGRC shalt adopt regulations 

establishing standards of operation and management for class 11 gaming that are 

consistent with industry standards and are adequate to protect the integrity of the 

gaming activity. The standards for conducting class TJ gaming shall include all 

requirements that, in the discretion of the JAGRC, are required for the gaming 

activity to be in full compliance with appIicable law. 

C. Charitable Fundraisin-g- TPGIT,C h!! zdgpt, regdiiti~~s 

establishing sundards of operation and management for gaming activity 

conducted to raise hds for charitable organizations, provided that all such 

gaming activity shall be limited to class I1 gaming. 

D. Standards for Games. The JAGRC shall adopt regulations 

establishing technical standards ancf rules for each game operated pursuant to this 

Chapter . 

E. Public Safetv. The JAGRC shall adopt regulations to ensure that 

all gaming operations or management contractors shall prepstre and submit for 

review and approval of the JAGRC a satisfactory plan fur the protection of the 

safety and health of the public in gaming facilities. 

F. Patron Disputes. The JAGRC shall adopt regulations 

estabIishing procedures for the resolution of disputes between a gaming operation 

and a patron in the event the dispute cannot be resolved by the gaming operation. 

G. Exclusion Policy. The JAGRC shall adopt regulations 

concerning an exclusion policy that includes a sight to a hearing and requires 

maintenance of a list of all persons barred from the gaming facility, including 

those barred by a self-ban. 

2. Policies and Procedures. The JAGRC may adopt such other 

policies and procedures as it deems necessary or convenient to govern its affairs and 

which are consistent with this Chapter. Policies and procedures promulgated by the 

JAGRC shall be effective upon approval of the JAGRC. 

Section 7. Gaming; Licenses - General. 

a. Persons Required to be Licensed. A11 gaming licenses must be issued by the 

JAGRC before a person can engage in the activity requiring such license, or before a gaming 

facility may be used for any gaming activity, or before a gaming device may be used therein. 

Each of the following persons shall be required to have and display prominently, or display upon 

request, an appropriate, valid, and current Jicarilla Apache Gaming License issued pursuant to 

the provisions of this Chapter: 
1. Gaming Facilities: 

2. Prirnay Management Officials, Key Employees and All Other 

Employees; 

3. Gaming Vendors; 

4. Non-Gaming Vendors; 

5, Gaming Devices; and 

6. Charitable Class I1 Gaming. 

b. Persons not Eli~ible to be Licensed. 

1. General Requirements. The JAGRC may not issue a license to any person who, 

based on reliable infonnation, the JAGRC determines in its sole discretion: 

A. Has provided materially false or misleading statements to the JAGRC 

and/or the NIGC, or has omitted material infonnation from his or her application, or has 

refused to respond to all requests b the JAGRC andlor the NIGC for information 

concerning the applicant's background and activities; 

B. Has been convicted of (either by plea or by verdict) or has entered a plea 

of nolo contendre to any felony, any gaming offense, or any misdemeanor involving theft 

or conversion of property, where such conviction or plea, in the sole discretion of the 

JAGRC, jeopardizes the integrity of the Nation's gaming activities; 

C. Is a person whose prior activities, criminal record, if any, or reputation, 

habits or associations pose a threat to the public interest or to the effective reguIation and 

control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal 

practices, methods, md activities in the conduct of gaming, any management contract or 

gaming operation, or the carrying on of the business and fmancid arrangements 

incidental thereto; or 

D. Has attempted to interfere or to influence, maor has interfered &or 

influenced, unduly for gain or advantage, any decision or process of the JAGRC or the 

government of the Nation relating to gaming. Undue influence means the use of bribery, 

blackmail, intimidation, threats of violence, or other improper means to influence 

governmental actions of the Nation. Nothing in this section shall be interpreted as 

preventing a person from expressing their opinions to and consulting with members of 

the Nation's government, or from responding to inquiries or requests from the JAGRC or 

the Legislative Council. 

2. Primary Management Officials, Key ErnpIoyees and JAGRC Commissioners. 
The JAGRC may not issue a license to any primary management official or key employee who, 

based on reliable information, the JAGRC determines in its sole discretion: 

A. Is not eligible to hold a Iicense in accordance with subsection (b)(l) 

above; 

B. Has any direct financial interest in, or management responsibility for, my 

gaming related contract with the Nation or any gaming activity; 

C. Has any direct financial interest in, or management responsibility for, any 

management contract with the Nation; 

D. Is a key employee of any gaming vendor, including but not limited to slot 

machine suppliers and table game suppliers; 

E. Has been convicted of (either by plea or by verdict) any misdemeanor 

involving dishonesty, violence or moral turpitude (which shall not include driving under 

the influence of alcohol, but shall include offenses such as fraud, bIackmai1, robbery and 

perjury) within the preceding five years of the date of the application for license; 

F. Has promoted, pIayed or participated in any gaming activity that the 

person hew or should have known was being operated in violation of tribal or other 

applicable law; 

6. Has ever been denied a license by any governmental entity engaged in the 

regulation of gaming activity for a material reason, except where the denial was based on 

a technical deficiency that was subsequently corrected by the applicant; 

H. Has been known to associate with known criminals or with persons 

reliably believed by law enforcement agencies to be engaged in compt or criminal 

activities, or with persons identified by the NIGC or any other gaming regulatory agency 

as being disqualified from gaming activity; 

1. Has violated the Gaming Ordinance or any associated regulations, or any 

federal Iaws or regulations related to Indian gaming; or 

3. Has engaged in any other activity or omission that, in the sole discretion of 

the JAGRC, renders the person ineligible for a gaming license. 

c. Gaming License is a Privilege Not a Right. A gaming license is a revocable 

privilege, and no hoIder thereof shall be deemed to have acquired any vested right @roperty or 

other) therein or thereunder. The burden of proving qualifications to hold any license rests at all 

times on the licensee. The JAGRC may in its sole discretion require that any person obtain a 

gaming license at any time. 
d. Amement to Comply with All A~~licable Law. Acceptance of a gaming license 

or renewal thereof constitutes an agreement on the part of that person to be bound by all 

regulations and policies and procedures of the JAGRC, as well as any other applicable Jaw, as 

the same now are or may hereafter be amended or promulgated. It is the responsibility of the 

licensee to keep informed of the content of all such laws, regulations and policies and 

procedures, and ignorance thereof wiIT not excuse any violation. 

e. Licensing Fees. Each application for a gaming license, including renewals, shall 

be accompanied by payment of the appropriate fee. The JAGRC shall by regulation establish 

procedures governing the payment and collection of such fees, including the amount of the same. 

Such procedures shall aIso require the payment of a deposit for all background investigations and 

shalE require that all applicable fees and costs be received by the JAGRC before the gaming 

license can be issued. Should actual costs incurred by the JAGRC for a background 

investigation exceed the amount deposited, those additional costs shall be assessed to the 

applicant during the investigation process, provided that in such cases the JAGRC shall submit a 

detailed billing of such costs and an explanation as to why such excess costs were incurred. 

I. Deposit of Funds. All funds received by the JAGRC, including without 

limitation, license application fees, background investigation fees and civil penalties, 

shall promptly be deposited in the Treasury accounts of the Nation following receipt by 

the JAGRC. 

2. Waiver of Fee. The JAGRC may, upon a finding of good cause, waive 

any fee under this Chapter. 

f. Temporary Licenses. The JAGRC may issue a temporary license to any 

appIicant upon the completion of an appropriate application and the payment of any applicable 

fees. The applicant may begin working at any gaming faciIity after receiving a temporary license 

from the JAGRC. Temporary licenses shall remain in effect for ninety (90) days, or until one of 

the following occurs, at which time the temporary license must be surrendered: 

1. A gaming license is issued; 

2. The person is deemed unsuitable or ineligible to be licensed; or 

3. The person" employment or relationship with the Nation is terminated. 

g. Duration, Renewal and Loss of a Gaming License. 

1. Duration of a Gaming License. Any license issued by the JAGRC shall 

be effective for one (I) year from the date of issuance. 

2. Renewal of a Gaming License. An applicant for renewal who has 

submitted the required application and any other information required by the JAGRC at 

least sixty (60) days before the expiration of his or her license may continue to be 

employed under the expired license or until final action is taken on the renewal 

application by the JAGRC or, if required by IGRA, the NIGC. Applicants for renewal of 

licenses shall provide updated material and information as requested on the appropriate 
renewal forms, but shall not be required to resubmit historical data already provided or 

otherwise available to the JAGRC. 

3. Denial of a Gaming License. Any person who is denied a gaming Iicense 

may request a hearing before the JAGRC by submitting a written request for a hearing 

with the JAGRC within fourteen (14) calendar days afier receiving a notice of denial. 

This deadline may be extended at the discretion of the JAGRC. The request for a 

hearing and events occurring thereafter shaIl be governed by Section 11 (c) of this 

Chapter. 

4. Suspension of a Gaming License. The JAGRC may immediately suspend 

a gaming license if in its sole discretion it determines that immediate suspension is 

warranted in order to protect the public interest, the effective regulation and control of the 

Nation's gaming activities, or the safe, fair and honest operation and conduct of the 

Nation's gaming activities. Additionally, the JAGRC must suspend the license of a key 

employee or primary management official upon receipt of notice from the NlGC that he 

person is no longer eligible for employment in that capacity. 

A. Notice of Suspension. Any time the JAGRC decides to suspend a 

gaming license, a written notice of suspension must be provided immediately to 

the affected person. The notice of suspension shall state the reasons for the 

suspension and inform the affected person of their right to submit a written 

request for a hearing on the suspension before the JAGRC. The notice of 

suspension shall also state that any request for a hearing concerning the 

suspension of a gaming license must be submitted to the JAGRC within fourteen 

(14) calendar days after receipt of the notice or the person's license shall 

automatically be revoked. Revocation under these circumstances shall be deemed 

a final action of the JAGRC appealable under Section I 1 (c)(5) of this Chapter. 

3. Hearinn. Where a timely request for a hearing is made concerning 

the suspension of a gaming Iicense, the JAGRC shall set a hearing date, which 

shall be no later than fourteen (14) calendar days after receipt of the request for a 

hearing, unless upon a showing of good cause by either the JAGRC or the person 

making the request, an extension is granted. In the event such a hearing is not 

held within thirty (30) calendar days, the suspension wiIl automatically be deemed 

to be discharged. Except as otherwise provided in this subsection, the request for 

a hearing and events occurring thereafter shall be governed by Section 1 l(c) of 

this Chapter. 

h. Record Retention. The JAGRC shall retain all records pertaining to a person's 

license application, background investigation, if applicabk, and any related matters, for no Iess 

than three (3) years following the date of termination of the applicant's employment, and shalI 

make such records available for inspection by the NIGC pursuant to lawfuI requests submitted to 

the JAGRC. The JAGRC by regulation my impose additional record retention requirements, 

consistent with this Chapter. 
Section 8. Gaming Licenses - Issuance. 

a. Garninn Facilities. Each gaming facility shall be separately licensed by the 

JAGRC as provided in this Chapter and in any applicable regulations or policies and procedures 

of the JAGRC. No license shall be required for class I gaming. 

1. Content of Application. Each applicant for a license for a gaming facility 

shall submit a completed application to the JAGRC. Such appIication shall include all 

items required by the JAGRC in any applicable regulations, including but not limited to 

the folIowing: 

A. Documentation demonstrating that the facility complies with any 

and all applicable building codes and other public safety, health, and 

environmental laws or regulations; and 

B. A copy of any proposed or approved management contract with the 

Nation. 

2. Granting of License. The JAGRC may, in its sole discretion, issue a 

gaming license to a gaming facility at any time after it determines that the application is 

complete, that the gming facility is eligible to hold a license under this Chapter, and that 

all other applicabEe requirements have been satisfied. In the event the JAGRC denies the 

application, the applicant shalI be informed of the right of appeal this decision as 

provided by this Chapter. 

b. Primary Management Officials, Key Employees and all Other EmpIoyees. All 

primary management ofici als and key employees shall be subject to bac kgrotmd investigation 

and licensed by the JAGRC as provided in this Chapter and in any applicable regulations or 

policies and procedures of the JAGRC. All other employees of the gaming facility and the 

gaming operation shall be licensed by the JAGRC as provided in this Chapter. 

1. Content of Application. Each person applying for a license as a primary 

management official, key employee, or other employee of the gaming facility or the 

gaming operation, shdI submit a completed application indicating the type of gaming 

activity (class I1 or class I11 or both) for which the license is sought and any other 

information required by the JAGRC, including but not limited to the following: 

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

nurnber(s), birth date, place of birth, citizenship, gender, all languages (spoken or 

wristen); 

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

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

residence addresses, and driver's license number(s); 
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 during the previous five (5) years; 

D . Current business and residence telephone number(s) ; 

E. A description of any existing or previous business relationships 

with the gaming industry generally, including ownership interests in those 

businesses; 

F. A description of any existing or previous business relationships 

with the gaming industry generally, including ownership interests in those 

businesses; 

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

' which the person has filed an application for a license or permit related to gaming, 

whether or not such license or permit was granted; 

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

conviction, the charge, the name and address of the court invoived, and the date 

and disposition if any; 

I. For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor tr&c violations) within ten (10) years of the date 

of application, the name and address of the court invoIved and the date and 

disposition ("mininor trafic vioIation9' means any violation of law governing the 

operation of a motor vehicle, if the violation does not involve personal injury to 

any person or property damage in excess of $1,000); 

J. For each criminal charge (excluding minor traffic violations) 

whether or not there is a conviction, if such criminal charge is within ten (10) 

years of the date of the appIication and is not otherwise required to be disclosed, 

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

disposition; 

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

which the person has filed an application for an occupational license or permit 

whether or not such license or pennit was granted; 

L. A current photograph; 

M. Any other information the JAGRC deems relevant; 

N. Fingerprints taken by the licensing department of the JAGRC, 

Jicarilla Apache Police Department or any other law enforcement agency 
approved by the JAGRC, and that are consistent with procedures adopted by the 

Nation in accordance with 25 C.F.R. 5 522.2(h); and 

0. The application form shall incIude the Privacy Act notice required 

by 25C.F.R. §556.2(a) and the notices concerning false statements required by 25 

C.F.R. @%(a). The JAGRC shall notify any key employee or primary 

management official who has not completed an application containing both the 

Privacy Act and false statement notices that they shall either complete a new 

application that contains both the Privacy Act and false statement notices, or sign 

a smtement that contains the Privacy Act and false statement notices and consent 

to the routine uses described in that notice. 

2. Financial DiscEosures of Primary Management Officials and Key EmpIoyees. 

Each applicant for the position of primary management official or key employee shall provide a 

financial statement, in the form adopted by the JAGRC, including his or her income for the 

previous five (53 years and the sources of that income, as well as all assets and debt of the 

applicant at the time of application. The financial statement shaIl include copies of all federal 

income tax returns filed by the applicant during the previous five (5) years. 

3. Mandatory Background Investigation of Primary Management Officials and Key 

Em~lovees. Upon receipt of a completed appiication for a primary management official or key 

employee and the Iicense fees required under this Chapter, the JAGRC shall conduct or cause to 

be conducted a background investigation in accordance with Section 9 of this Chapter. The 

JAGRC, in its sole discretion, may conduct a background investigation at any time of any 

person appIying for or holding a license under this Chapter. 

4. Grantinn of License. The JAGRC may, in its sole discretion, issue a gaming 

license to a primary management official, key employee or other employee of the gaming 

facility or the gaming operation at any time after it determines that the application is complete, 

that the person is eligible to hold a license under this Charter, and that all other applicable 

requirements have been satisfied. In the event the JAGRC denies the application, the applicant 

shall be informed of the right to appeal this decision as provided by this Chapter. 

5. Minors. Each person applying for a license as a primary management official, 

key employee, or other employee of the gaming facility or the gaming operation, and who is 

under the age of twenty-one (21) years, shaIl submit a completed application in the same form 

as that required of other persons applying for such a license, however, any license granted shall 

clearly identify the person as a minor. 

6. Identification Cards. The JAGRC shall require all primary management officials, 

key employees and other employees of the gaming facility to wear identification cards issued by 

the JAGRC which shall include at a minimum the employee's photograph, first and last name, 

license number, signature, type of gaming authorized (Class 11 or Class I11 or both) and date of 

expiration. 
c. Gaming Vendors. All gaming vendors shall be subject to background 

investigation and license by the JAGRC as provided in this Chapter and in any applicable 

regulations or policies and procedures of the JAGRC. 

1. Content of Application. The application for any person proposing to sell, 

lease or othenvise provide any gaming device or gaming-related services for use on 

Jicarilla Apache lands shall contain the following information: 

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

number(s), birth date, place of birth, citizenship, gender, residence and business 

addresses, and driver's license number($) of the person or entity making the 

application; 

B. The narne(s) and residence and business addresses of all interested parties 

(including those with a direct or indirect financial interest) and their interest and 

connection with the applicant; 

C. The type of activity to be engaged in under the license; 

D. For each person identified in subsections (A) and (B) above, the following 

information: 

i. 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; 

. . 

11. For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) within ten (10) years of the date of the 

application, the name and address of the court involved and the date and disposition 

("minor trafic violation" means any violation of law governing the operation of a motor 

vehicle, if the violation does not involve personal injury to my person or property 

damage in excess of $1,000.00); and 

iii. For each criminal charge (excluding minor traffic violations) 

whether or not there is a conviction, if such criminal charge is within ten (10) years of the 

date of the application and is not otherwise required to be disclosed, the criminal charge, 

the name and address of the court involved and the date and disposition; 

E. The applicant's history of licensure as a manufacturer of gaming devices 

and/or equipment in any state in which the applicant has been or is currently licensed as a 

valid manufacturer. Such history shall include dates that licenses were granted, revoked, 

or suspended and the reasons for any revocation or suspension; 

F. A statement authorizing the Nation to conduct a background investigation 

of the applicant and my other person identified in subsections (A) and @) above; 
G. The application form shall include the Privacy Act notice required by 

25C.F.R.g 556.2(a) and the notices concerning false statements required by 25 C.F.R. 5 

556.3(a); and 

H. Any other information the JAGRC deems relevant. 

2. Mandatory Backmound Investigation of Gaming Venders. Upon receipt of a 

completed application for a gaming vendor and the license fees required under this Chapter, the 

JAGRC shall conduct or cause to be conducted a background investigation in accordance with 

Section 9 of this Chapter. The JAGRC, in its sole discretion, may conduct a background 

investigation at my time of any person applying for or holding a license under this Chapter. 

3. Granting of License. The JAGRC may, in its sole discretion, issue a gaming 

license to a gaming vendor at any time after it determines that the application is complete, that 

the person is eligible to hold a license under this Chapter, and that all other applicable 

requirements have been satisfied. In the event the JAGRC denies the application, the applicant 

shall be informed of the right to appeal this decision as provided by this Chapter. 

d. Non-Gaminn Vendors. All non-gaming vendors shall be subject to registration, 

background investigation andor licensing by the JAGRC as provided in this Chapter and in any 

applicable regulations or policies and procedures of the JAGRC. 

1. Non-Gaming Vendors of less than $20,000 mmllv. All non-gaming vendors 

must register with the JAGRC by completing the appropriate form designated by the 

JAGRC. Such form may be completed by the person seeking such license, or where 

deemed appropriate by the JAGRC, by another person on their behalf. Such form shall at 

a minimum identify all employees andlor subcontractors that may be providing such 

goods and services to the Nation on JicarilIa Apache lands. 

2. Non-Gaming Vendors of $20,000 or more amudly. The application for any 

person wishing to sell, lease, or othenvise provide any goods or services to a gaming 

facility or gaming operation (other than any gaming device or gaming-related services) in 

an amount exceeding $20,000 annually for use on Jicarilla Apache lands shall contain the 

following information: 

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

birth date, place of birth, citizenship, gender, residence and business addresses, and 

driver's license number(s) of the person or entity making the application; 

B. The type of activity to be engaged in under the license: 

C. For each person identified in subsection (A) above, the following 

infomation: 
1. 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; and 

. - 11. For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor tr&c violations) within ten (10) years of the date of the 

application, the name and address of the court involved and the date and disposition 

("minor traffic violation" means any violation of law governing the operation of a motor 

vehicle, if the violation does not involve persona1 injury to any person or property 

damage in excess of $1,000.00]; 

D. The application form shall include the Privacy Act notice required by 25 

C.F.R. 5 556.2(a) and the notices concerning false statements required by 25 C.F.R. 5 

556.3(a); and 

E. Any other information the JAGRC deems relevant. 

3. Grantinn of License. The JAGRC may, in its sole discretion, issue a gaming 

license to a non-gaming vendor at any time after it determines that the application is complete, 

that the person is eligible to hold a license under this Chapter, md that all other applicable 

requirements have been satisfied. In the event the JAGRC d am;a.. C.LL~~J +ha u~~ cl--l;on+;~*. appl I~CLLIWLI, *La WEE U~~~I~CUIE 

shall be informed of the right to appeal this decision as provided by this Chapter. 

4. JAGRC may Require License at any Time. The JAGRC may in its sole 

discretion require that any non-gaming vendor obtain a license at any time for my reason, 

regardless of the amount of goods or services provided in any given year. 

5. Waiver of Resuirements. The JAGRC may in its sole discretion waive any 

requirement regarding the licensing and payment of fees by non-gaming vendors, except that all 

non-gaming vendors must at a minimum register with the JAGRC. 

e. Gaming Devices. Each gaming device shall be licensed by the JAGRC as 

provided in this Chapter and in any applicable regulations or policies and procedures of the 

JAGRC, and shall be inspected and certified for proper operation at least annually by an 

inspector approved by the JAGRC. 

1. In addition to any other license required by this Chapter, an annual nontransferable license shall be required for each gaming device to be placed in a gaming 

faciii'ry iocated on jicariiia ~pache iand. appiication sirail contain the fdio~ing 

information: 

A. The name and address of the applicant; 

B. Identification numbers or codes for each gaming device to be placed in a 

gaming facility, including the manufacturer, the serial number and model number; 
C. Proof of approval and certification of the machine by an approved gaming 

test laboratory or proof that the gaming device conforms precisely to the exact 

specifications of the gaming device prototype tested md approved by the gaming test 

laboratory; 

D. Any other information required by law or deemed relevant by the JAGRC. 

2. Granting of License. The JAGRC may, in its sole discretion, issue a gaming 

license to a gaming device at any time after it determines that the application is complete, that 

the gaming device is eligible to hold a license under this Chapter, and that all other applicable 

requirements have been satisfied. In the event the JAGRC denies the application, the applicant 

shalE be informed of the right to appeal this decision as provided by this Chapter. 

f. Charitable Class I1 Gaming. IndividuaIEy owned class I1 gaming that is 

conducted exclusively for the benefit of charitable organizations, shall be licensed by the JAGRC 

as provided in this Chapter and in any applicable regulations or policies arid procedures of the 

JAGRC, and shall only be conducted to the extent that it is consistent with the requirements of 

IGRA and any applicable NIGC regulations. 

Section 9. Gaming Licenses - Background Investigations. 

a. Backaround Investigations of Key Emplovees and Primary Management 

Officials. Upon receipt of a completed application for a key employee or primary management 

official and the license fees required under this Chapter, the JAGRC shall conduct or cause to be 

conducted a background investigation sufficient to make a determination of eligibility under this 

Chapter. Such background investigation shall be completed in accordance with policies and 

procedures of the JAGRC and shall include at a minimum the following requirements: 

1. The performance of background investigations and the issuance of gaming 

licenses shall be in accordance with requirements at least as stringent as 25 C,F.R, Parts 

556 and 558; 

2. In conducting any background investigation, the JAGRC and a11 agents of 

the Nation who participate in the investigation shall keep the identity of each person 

interviewed in the course of the investigation confidentia1; 

3. When a key employee or primary management official is employed by the 

Nation, the JAGRC shall forward a completed application containing the information and 

notices required by IGRA and regulations of the NIGC to the NIGC and the New Mexico 

Gaming Control Board; 

4. When a key employee or primary management official is employed by the 

Nation, the JAGRC shall fomd fingerprints, and any other information required for a 

criminal history check, to the NIGC and the New Mexico Gaming ControI Board for 

processing through the Federal Bureau of Investigation to determine the applicant's 

criminal hist~y, ifany; 
5. The JAGRC shall verify or cause to be verified by written or oral 

communication all information submitted by applicants as part of their license 

application; and 

6. Upon completion of the necessary background investigation, including the 

verification of application information and the interview of references, the JAGRC shall 

review the applicant's prior activities, criminal record, if any, the reputation, habits and 

associations, to make a finding concerning eligibility for a license under the standards 

estabIished by this Charter. The JAGRC may require drug testing of the applicant and 

may require any appIicant who tests positive to submit additional medical records to 

substantiate eligibility for a license. 

b. Renorts Concerning Background Investig~tions ef Key Emp!ovees md Prir~~~ry 

Management Officials. 

1. Applicant Determined Ineligible for Gaming License. If the JAGRC 

determines the applicant is not eligible for employment as a key employee or primary 

management official, the JAGRC shall send the applicant a statement setting forth the grounds 

for denial and the applicant shaIl be informed of the right to appeal this decision as provided by 

this Chapter. A copy of such statement and the investigative repfl, if any, shall be sent to the 

NIGC and the New Mexico Gaming Control Board. 

2. Applicant Determined Eligible for Gaming License. Upon the completion 

of a background investigation and a determination of eligibility for employment as a key 

employee or primary management official, the JAGRC shall fonvard an investigative report to 

the NIGC and the New Mexico Gaming Control Board within 60 days after an employee begins 

work. The investigative report shall include the following information: 

A. Steps taken in conducting the background investigation; 

B. Results obtained; 

C. Conclusions reached 

13. The bases for those conclusions; and 

E. A copy of the JAGRC's determination of eligibility. 

3. Additional Questions or Failure to Obiect. If, within the 30-day period 

after the NIGC and/or the New Mexico Gaming Control Board receives the JAGRC's 

investigative report and determination of eligibility, the NIGC and/or the New Mexico Gaming 

Control Board notifies the JAGRC that it has no objection to the issuance of a license to the 

person identified in the report, the JAGRC may issue the license to the applicant if a11 

requirements of this Chapter have been met. If the MGC and/or the New Mexico Gaming 

Control Board requests additiona1 infomation regarding an applicant, the JAGRC shall supply 
the requested information. If the NIGC and/or the New Mexico Gaming Control Board requests 

additional information regarding an applicant, the ming of the 30-day period shall be 

suspended until ithe NIGC receives the requested additional information. 

4. Objections. If, within the 30-day period after the NTGr mdhr the New 

Mexico Gaming control Board receives the JAGRC's investigative repon and determination of 

eligibility, the NIGC and/or the New Mexico Gaming Control Board notifies the JAGRC of its 

objections to the issuance of a license to the person identified in zhe report, the JAGRC shall 

reconsider its determination of eligibility for employment, taking into account the objections 

stated by the NIGC and/or the New Mexico Gaming Control Board. After such reconsideration, 

the JAGRC may issue the license to the applicant if all requirements of this Chapter have been 

met. 

5. Limitation on Em~lorment. A gaming facility may not employ a key 

employee or primary management officiaI who does not have a license after 90 days. 

c. Backaound Investigations of Garnina Vendors. Upon receipt of a completed 

application for a gaming vendor and the license fees required under this Chapter, the JAGRC 

shall conduct or cause to be conducted a background investigation sufficient to make a 

determination of eligibility ;;ides 'uLds Chzpier. Such backgro-md invesiigaiion shdi be 

completed in accordance with policies and procedures of the JAGRC. 

d. Background Investigations of all Persons other than Key Employees, Primary 

Management Off~cials and Gaming Vendors. The JAGRC, in its sole discretion, may at any 

time conduct st background investigation of any person applying for or holding a license under 

this Chapter. 

Section 10. Prohibited Acts. 

a. It shall be a violation of this Chapter for any person to violate any provision 

contained herein, or for any person to take, whether knowingly or otherwise, any of the 

foIlowing actions: 

1. To engage in any activity requiring a license under this Chapter, if the person 

does not currently hold a valid license. 

2. To conduct or participate in any gaming activity on Jicarilla Apache lands other 

than at an authorized and licensed gaming facility, 

3. To knowingly entice or induce another to go to any place where gaming is being 

conducted or operated in violation of the provisions of this Chapter, PGRA, a Compact, or other 

applicable law and regulation with the intent that the other person play or participate in that 

gaming. 
4. To receive, distribute, apply or divert any property, funds, proceeds, assets or 

other thing of value from any gaming activity to the benefit of any person except as authorized 

by this Chapter, a Compact, or IGRA. 

5. To tamper with any gaming device or 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 pubIicly announced rules of the gaming facility. 

6. 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 such gaming facility. 

7. To alter or misrepresent the outcome of any event on which wagers have been 

made after the outcome is made sure but before it is revealed to the players. 

8. To place, increase or decrease a bet or to determine the course of play after 

acquiring knowledge, not available to aII players: of the outcome of the game 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 howledge for the purpose of placing, increasing or decreasing a bet or determining the 

course of play contingent upon that event or outcome. This includes past-posting, pressing, and 

pinching bets. 

9. To claim, collect or take, or attempt to claim, collect or take money or anything of 

value in or from a gaming device or equipment, with intent to defraud, without having made a 

wager thereon, or to claim, collect or take an amount greater than the amount won. 

10. To manipulate, with the intent to cheat, any component of a gaming device in a 

manner contrary to the designed and normal operational purpose for the component, including, 

but not limited to 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. 

11. Knowingly to use other than coins or tokens approved by the JAGRC or other 

lawfUl coin, legal tender of the United States of America, or to use a coin not of the same 

denomination as the coin intended to be used in the gaming device, 

12. To possess, with the intent to use, any device to assist in projecting the outcome 

of the game, 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. 

13. To use any device or means to cheat, or to possess any such device while at the 

gaming facility. 

14. To take any other action or omission that in the sole discretion of the JAGRC is 

determined to be a violation of this Chapter. 
Section 11. Enforcement. 

a. Jurisdiction. The JAGRC shall have full jurisdiction to enforce this Chapter to 

the fullest extent permitted by the laws of the Nation and any other applicable law. 

b. Enforcement Action. Any person found to be in noncompliance or violation of 

any requirement of this Chapter shall, at the discretion of the Director of Compliance Inspectors, 

be issued a notice of noncompliance. 

1. Notice of Noncomvliance. A notice of noncompliance shall inform the 

person of the nature of the noncompliance or violation, and may include any enforcement 

action(s) deemed proper by the Director of Compliance Inspectors, be issued a notice of 

noncompIimce. 

A. Suspension or revocation of any license issued mder this Chapter. 

B. Issuance of an order requiring the person to come into compliance 

with this Chapter andlor to cease committing the violation. 

C. Imposition of a civil penalty as authorized by this Chapter. 

D. Issuance of an order requiring seizure of property as authorized by 

this Chapter. 

E. Issuance of an order closing the premises at which the 

noncompIiance or violation is taking place. 

F. Issuance of an order suspending or terminating the employment 

and/or association of any person at a gaming facility. 

G. Issuance of an order excluding any person from a gaming facility. 

H. Issuance of an order excluding any nonmember of the Nation 

from Jicarilla Apache lands. 

2. Deadline for Compliance. The notice of noncompIiance shall specify the 

date by which the person must cure the noncompliance or violation and pay any civil 

penalty. The Director of Compliance Inspectors shalI set the deadline for compliance at 

no later than thirty (30) calendar days from the date of the notice. 

3. Service of Notice of Noncom~liance. The notice of noncompliance shall 

be personally served on the person alleged to be in noncompliance or violation, or shaft 

be mailed, return receipt requested, to the person's last known address. Service shall be 

deemed to be received either on the date of personal service or on the date assigned to the 

returned receipt. 
4. Request for Additional Time. Any person served with a notice of 

noncompliance may, before the deadline for compIiance, request any additional time to: 

(1) commence actions necessary to cure the noncompliance or violation, (2) pay any civil 

penalty, and/or (3) complete actions necessary to cure the noncompliance or violation. 

Such request must be made in writing to the Director of Compliance Inspectors. The 

Director of Compliance Inspectors shall in his or her sole discretion grant or deny such 

request. 

c. Ri&t to a Hearing Before the JAGRC. Any person served with a notice of 

noncompliance or otherwise aggrieved by the JAGRC (with the exception of decisions regarding 

gaming licenses which are provided for in Section 7(g) of this Chapter), may request a hearing 

before the JAGRC by submitting a written request for hearing. Where the person was served 

with a notice of noncompliance, such request must be submitted to the JAGRC on or before the 

deadline for compliance specified in the notice; provided that, if the compliance date is less than 

five (5) calendar days following receipt of notice, the person shaIl have ten (10) calendar days 

from receipt of the notice to submit the request. All other requests for a hearing must be 

submitted to the JAGRC within fourteen (14) calendar days of the occurrence of the action by 

which the person alleges to have been aggrieved. 

1. Content of the Request for a Hearing. Any request for a hearing before 

the JAGRC must be made in writing and include the reasons for such request. Any 

request for a hearing may be accompanied by information relevant to the reason for the 

appeal. 

2. Stay of Payment. Filing a request for a hearing shall stay the due date for 

payment of any civil penaIty, but shall not othenvise stay the effectiveness of any 

enforcement action unless the JAGRC orders a stay to that effect. 

3. Hearing. Where a timely request for a hearing is made? the MGR-C shall 

set a hearing date, which shall be no later than thirty (30) calendar days after receipt of 

the request for a hearing, unless upon a showing of good cause by either the JAGRC or 

the person making the request, an extension is granted. During such hearing, the person 

making the request shall be afforded an opportunity to appear and be heard before the 

JAGRC, either in person or through a representative or legal counsel, and to submit such 

evidence as the JAGRC deems relevant to the matter at issue. 

4. Final Order. The JAGRC shdI investigate the aIlegations as it deems 

necessary and shall issue a find order within 60 (sixty) calendar days of any hearing. 

The JAGRC shall notify the NIGC of any decision to revoke or reinstate the gaming 

license of a primary management oEcial or key empIoyee. 

5. Ap~eaI. Any person aggrieved by a fmaI order of the JAGRC may file a 

request for a rehearing with the JAGRC. Any such request must be made in writing, 

include the reasons for such request, and be filed with the JAGRC within sixty (60) 

calendar days of the final order of the JAGRC. Where a timely request for rehearing is 

made, the JAGRC shall set a hearing date, which shall be no later than thirty (30) 
calendar days after receipt of the request for rehearing, unless upon a showing of good 

cause by either the JAGRC or the person making the request, an extension is granted. 

During such rehearing, the person making the request shall be afforded an opportunity to 

appear and be heard before the JAGRC, either in person or through a representative or 

Iegal counsel, and to submit such evidence as the JAGRC deems relevant to the matter at 

issue. The decision of the JAGRC after rehearing shall be final and not subject to review. 

Seizure of Property. 

1. Grounds for Seizure. Any property or interest therein in actual or constructive 

possession of a person that has violated or is violating any provision of this Chapter or of a 

license issued under this Chapter, and used in connection with fhat violation, may be seized and 

held to secure payment of a civil penalty or to be forfeited as provided in Section 1 l(i) of this 

Chapter. Seizure under this subsection shall not require proof that the owner of the property or 

the interest therein participated in, had knowledge of, or consented to the illegal use of the 

property. 

2. Persons Authorized to Seize Property. Property subject to seizure under this 

subsection may be seized by any police eficer of the Nation upon: (1) issuance of a notice of 

noncompliance by the Director or Compliance Inspectors; and (2) the written determination by 

the Director of Compliance Inspectors that the seizure is necessary to protect the integrity of the 

Nation's gaming activity. 

3. Custody of Seized Property. Property seized under this subsection shall be held 

in the custody of the Police Department of the Nation, subject onIy to the order of the Trial 

Court, including without limitation orders for saIe of the property at public auction to collect any 

civil penalty assessed under this Chapter and order issued in a forfeiture proceeding. 

- - 4. Release of Pro~ertv. uniess a forfeiture proceeding concerning property seized 

under this subsection is initiated pursuant to Section 1 l(i) of this Chapter, such property shall be 

released to its owner upon the earliest of the following: 

A. Thirty (30) days after seizure of the property; 

C. Upon a finding by the Trial Court that such civil penalty is not proper. 

e. CiviI Forfeiture Proceedings. 

1. Within thirty (30) days after seizing property pursuant to this section, the JAGRC 

may initiate an in rem judicial forfeiture proceeding against the seized property. Tne fod'eiicure 

complaint shall describe with reasonable specificity the property at issue and the basis for 

forfeitwe. 
-rL.-l ,-- L. I nt: I. nal LV~ shdi give written notice of forfeiture proceedings to aii hown w 

reasonably ascertained persons with an interest in the seized property, including any lien interest. . . All snrh PFBORS sha!! anss..ler the c~mp!zifit nrt~d file ~ij adverse elaiiii to the ~rcpefiy wthm 

thirty (30) days after notice is given. 

3. Upon notice to a11 interested persons, the Iriai Court shall conduct a hearing to 

adjudicate whether the property and/or any how interests therein have been forfeited to the 

Nation, and shall enter an appropriate judgment. The court may deny forfeiture of an interest in 

property if the owner of the interest proves that he or she did not participate in: have howiedge 

of, or conse~t :G t!!e illegal irse of the propertjy; or IWL he or she took aii reasonable measures to 

prevent the illegal use of the property; or that the person committing the violation obtained 

possession of the property without his or her consent. 

4. Property forfeited to the Nation and proceeds fmm tl-r~ SB!~ thereef shd! he 

retained by the Nation and used to eq~_rip finance enfcrrcemet s~ctirrities 1mder this Chz~ter. 

f, Civil Penalties. The JAGRC is empowered to impose civil penalties for violations of 

this Chapter in amounts to be established by reguiations adopted by the JAGRC and approved by 

the Legislative Council, but not to exceed Ten Thousand. Doiiars (Si0,000.0wj per violation per 

day the violation continues. 

Section 12. Jurisdiction of the Jicarilla Apache Courts. 

The courts of the Nation shall have jurisdiction, to the extent not inconsistent with this 

Chapter or federal Iaw, over all violations of this Chapter and over all persons who are licensed 

pursuant to this Chapter, inciuding agents, empioyees, owners, directors, and officers of an 

licensed holder, an may, in addition to the penalties prescribed above, grant such other legal and 

equitable relief as is necessary and property for the enforcement of this Chapter and of the 

provisions of any management contract entered pursuant to this Chapter, including but not 

limited to injunctive relief against acts in violation thereof. 

Section 13. Sovereign Jrnrnnni* 

The Nation does not in any way waive its sovereign immunity from suite in any court to 

contest the validity of this Chzptzr. 

Section 14. Service of Process. 

The Nation hereby designates as its agent for the service of any official determination, 

order or notice of violation, the President of the Nation, Post Office Box 507, Dulce, New 

Mexico 87528, with a copy to the Chair of the JAGRC, Post OEice Box 740, Dulce, New 

Mexico 87528. The NIGC shall be informed of any change in this designation within ten (10) 

days of such change. 

Section 15. Management Contracts. 
a. Application. ThEs section shall only apply to management contracts that are 

subject to NIGC approval under IGRA. A management contract with a Section 17 entity that is 

wholly owned and controlled by the Nation is not subject to NIGC Approval under IGRA. 

b. Amroval . No management contract, and no modification, revision, or 

amendment thereto, shaIl be binding upon the Jicarilla Apache Nation unless and until it is 

approved by the Legislative Council and the NIGC. 

c. Required Provisions. Any management contract, including any modification, 

revision, or amendment thereto, shd1 satisfy the requirements of IGRA and my applicable NIGC 

regulations, and shalj also include the following: 

1. Compliance with Applicable TribaI. Federal and State Law Required. 

Any management contract shall provide that all gaming activities covered there under 

shall be conducted in accordance with all applicable tribal, federal and state law, 

including the requirements of this Chapter. 

2. Identification of Duties and Res~ensibilities. Any management contract 

shall identify the duties and responsibilities of each party for each identification function 

as set forth in IGIZA and any NIGC regulations. 

3. Accounting. Any management contract shall provide for the 

establishment and maintenance of appropriate accounting systems and procedures that 

shall, at a minimum, permit the preparation of financia1 statements in accordance with 

generaIIy accepted accounting principles, are susceptible to audit, and that permit the 

proper calculation of fees and expenses. 

4. Reports. Any management contractor shall, at its own expense, be 

required to provide a monthly verifiable financial report to the Legislative Council, the 

JAGRC, and if required by IGRA, the Secretary of the Interior andlor the NIGC. 

5. Access. Any management contractor &a!l be req~i~cd tr! 2110w 

immediate access to the gaming operation and gaming facilities, including its books and 

records, to individuals designated by Legislative Council resolution, the JAGRC, the 

Secretary of the Interior, andlor the NIGC, far the purposes of verifying the daily gross 

revenues and income from any gaming activity and of verifying compliance with aII 

applicable tribal, federal and state law. 

6. Guaranteed Minim Payment. Any management contract shall, provide 

for a minimum guaranteed monthly payment to the Nation in a sum certain that has 

preference over the retirement of any development and construction costs. 

7. Disputes. Any management contract shall include a mechanism to 

resolve disputes between the Nation and the management contractor. 
8. Assi~nments and Subcontractinn. Any management contract shall 

indicate that assignment of rights lmrler a rnmzgement ro~tract md s~b~o~?ract,in- *fP b -- 

not permitted unless approved by the JAGRC, the Legislative Council and the NIGC. 

9, Ownership Interest. Any change in the ownership interest in a 

management contractor shall require advance approval of the JAGRC and tk- r dA"l-+:v?* lc, LLpmau v.c. 

Council. 

10. Prohibited Provisions. A management contract shall not transfer or in any 

other matter convey any interest in Jicarilla Apache lands unless authorized by federal 

law and unless dearly specified in writing in said management contract. 

Section 16. Severability. 

In an event any section or provision of this Chapter or its application to any particular 

activity is held to be invalid, the remaining sections and provisions of this Chapter and the 

remaining applications of such section or provision sha!! cmtix::e i~ h!? fmce md ef ect. 

Section 17. Effect of Headin~s. 

Article and section headings contained herein shall not be deemed to govern, Ifrnit, 

modify, or in any manner affect the scope, meaning, provisions, or intent of any articie or section 

of the Chapter. 

Section 18. Liberal Interpretation. 

The provisions of this Chapter, being necessary for the welfare of the Nation and its 

members, shall be construed liberally to effect the purposes and objectives hereof. 

Section 19. Amendments. 

This Chapter may be amended only by majority vote of the Legislative Council at a 

meeting at which all members of the Legislative Cou~ciE LV prese~t ?tt the the =f &!e trete. 

= c3 

President 

Certification 

The foregoing Ordinance was enacted by the Legislative Council of the Jicarilla Apache 

Nation on the day of April, 2009, by a vote of 8 for, fi against, fi abstaining, at a duly called 

meeting at which a quorum of the Legislative Council members were present. 
Ordinance of the Legislative Council 

Re: GAMING REGULATION 

(Amending Ordinance [Chapter] No. Title 22 Chapter 2 Gaming Regulation) 

Ordinance No. 2009-0-226-04 

Attest: 

Secretary