Mr. Gary Goforth 

Fort Mojave Tribal Administrator 

500 Merriman Avenue 

Needles, California 92363 

Dear Mr. Goforth: 

This letter responds to your request to review and approve the 

tribal gaming ordinance adopted by the Fort Mojave Indian Tribe 

(the Tribe) on February 15, 1994. This letter constitutes such 

approval under the Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian Gaming 

Commission (NIGC), the Chairman is directed to review ordinances 

with respect to the requirements of the IGRA and the implementing 

regulations. Thus, the scope of the Chairmafits review and 

approval is limited to the requirements of the IGRA and the NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, such 

approval does not constitute approval of specific games. 

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

gaming only on Indian lands as defined in the IGRA. 

With the Chairmants approval of the Tribe's gaming ordinance, the 

Tribe is now required to conduct backgr8und investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed application for each key employee and 

primary management official pursuant to 25 C.F.R. fj 556.5(a) and 

an investigative report on each background investigation before 

issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. § 556.5(b). 

Thank you for submitting the ordinance of the Fort Mojave Indian 

Tribe for review and approval. The NIGC staff and I look forward 

to working with you and the Tribe in implementing the IGRA. 

Sincerely yours, 

Anthonj, 3. Hope 

Anthony J. Hope 

Chairman - -- 

cc: Patricia Madueno, Chairperson 

Thomas W. Fredericks, Esq. 

----..---- 1850 M STREET Y W SUITE 250 WASHINGTON 030036 -- TEL 202-632 7003 FAX 202 632-7066 

I 
Resolution No. 94-11 

RESOLUTION 

FORT MOJAVE INDIAN TRIBE 

OF THE FORT MOJAVE RESERVATION OF 

ARIZONA, CALIFORNIA AND NEVADA 

WHEREAS, the Fort Mojave Tribe of Indians is organized pursuant to 

the Indian Reorganization Act of June 18, 1934 (48 Stat. 

984) and possesses attributes of sovereignty over both 

its members and its territories; and 

WHEREAS, in accordance with its Constitution and Bylaws, the Tribe 

is governed by the Fort Mojave Tribal Council; and 

WHEREAS, the Fort Mojave Tribal Council is empowered by its 

Constitution and Bylaws to represent the Tribe and act in 

all matters that concern the general welfare of the 

Tribe; and 

WHEREAS, The Fort Mojave Tribal Council is not limited by the Fort 

Mojave Tribal Constitution and Bylaws in the exercise of 

its inherent sovereignty; and 

WHEREAS, on November 24, 1992, pursuant to Resolution No. 92-131, 

the Fort Mojave Tribal Council approved and adopted the 

Fort Mojave Indian Tribe Gaming Ordinance for the purpose 

of establishing the terms pursuant to which certain 

gaming activities may be conducted on Fort Mojave Indian 

Lands in accordance with the Indian Gaming Regulatory 

Act, 25 U.S.C. S2701, et sea. ("IGRAW); and 

WHEREAS, said Ordinance was submitted to the National Indian 

Gaming Commission ("NIGCM) for approval pursuant to the 

IGRA; and 

WHEREAS, the NIGC has promulgated and adopted certain regulations 

governing the required contents of tribal gaming 

ordinances since the adoption of Resolution No. 92-131; 

and 

WHEREAS, the NIGC has advised the Tribe by letter dated January 

26, 1994, that the Fort Mojave Indian Tribe Gaming 

Ordinance must be amended so as to conform with NIGC 

regulations; and 

WHEREAS, the Fort Mojave Tribal Council now desires to amend said 

Ordinance to meet applicable NIGC regulations and to 

authorize the Chairperson of the Tribal Council to take 

any and all actions on behalf of the Tribe necessary or 
incidental to final NIGC approval of the Tribe's Gaming 

Ordinance. 

NOW, THEREFORE, BE IT RESOLVED, that the Fort Mojave Tribal Council 

hereby approves and adopts the attached Fort Mojave 

Indian Tribe Gaming Ordinance (As Amended, 1994). 

BE IT FURTHER RESOLVED, that the Fort Mojave Indian Tribe Gaming 

Ordinance (As Amended, 1994) shall completely supersede 

and amend the Gaming Ordinance adopted by the Tribal 

Council pursuant to Resolution No. 92-131. 

BE IT FINALLY RESOLVED, that the Chairperson of the Tribal Council 

is hereby authorized to take any and all actions on 

behalf of the Tribe necessary or incidental to final 

approval of the Fort Mojave Indian Tribe Gaming Ordinance 

(As Amended, 1994) by the National Indian Gaming 

Commission pursuant to the Indian Gaming Regulatory Act 

and accompanying federal regulations. 

CERTIFICATION 

It is hereby certified that the foregoing resolution of the 

Fort Mojave Tribal Council, governing body of the Fort Mojave 

Indian Tribe, composed of seven (7) members of whom four (4) 

constituting a quorum were present at a meeting duly held on 15th 

---- of February, 1994, was approved and adopted by the affirmative 

vote of 4 members for and 0 against, pursuant to the 

authority contained in the Fort Mojave Tribal Constitution and 

Bylaws. 

FORT MOJAVE TRIBAL COUNCIL 

Patricia Madueno, Chairperson 

Resolution Number 94-11 

of the 

FORT MOJAVE TRIBE OF THE FORT MOJAVE RESERVATION 

FM\g\Rlgarne.Ord 
Fort Mojave Indian Tribe 

Gaming Ordinance 

(As Amended, 1994) 
Fort Mojave Tribal 

Gaming Ordinance 

TABLE OF CONTENTS 

page no . Section 1 . Title .................. 1 

Section 2 . Findings ................ 1 

Section 3 . Purposes ................ 1 

General Provisions ................. Section 4 . Definitions ........... Section 5 . Gaming Authorized and Regulated . Section 6 . Use of Revenues from Class 11 and 

I11 Gaming Aotivities ...... Section 7 . Gaming Facilities ........ Section 8 . Minors. Employees Prohibited . . Section 9 . Prizes: Assignment and Forfeiture 

.... 2 .... 2 .... 5 

Class 

.... 5 .... 5 .... 6 

.... 6 

~dministration ....................... 6 

Section 10 . Tribal Gaming Commission ........ 6 

Section 11 . Licensing ................ 9 

Section 12 . License Fees: Application Fees and 

Continuing Yearly Fees ......... 10 

Section 13 . License Validity: Effective Period and 

Place .................. 11 

Section 14 . License: Qualifications and 

Requirements .............. 12 

Section 15 . Liaense Suspension and Revocation .... 17 

Class I1 Gaming . . Section 16 . Section 17 . Section 18 . Section 19 . Section 20 . Section 21 . Section 22 . Section 23 . Section 24 . 

..................... 19 

Definitions ............... 19 

Persons Authorized to Conduct Class I1 

Gaming ................. 20 

Ownership of Class I1 Gaming Activity . . 20 

Management Contracts .......... 22 

Games~ermitted ............. 22 

BingoGameCards ............ 22 

Player Limitation ............ 23 

Entry Prohibited ............ 23 

Hours of Operation; Notice to 

Commission ............... 23 

Class I11 Gaming ...................... 24 

Section 25 . Compliance with Compact and Laws 

Applicable ................... 24 

Section 26 . Authorized Ownership and Operation . 24 

Section 27 . Regulation and Inspection ........ 25 

Section 28 . Hours of Operation ........... 25 

Section 29 . Games~ermitted ............. 25 

Section 30 . Management Contracts .......... 25 
TABLE OF CONTENTS (continued) 

page no . RecordsandAudits ..................... 26 

Section 31 . Records Maintenance ........... 26 

Section 32 . Independent ~udits ........... 26 

Violations ......................... 27 

Section 33 . Crimes. Penalties ............ 27 

Section 34 . Civil Penalties ............. 28 

Section 35 . Enforcement ............... 28 

Validityof Ordinance .................... 29 

Section 36 . Severability .............. 29 

Section 37 . Effeative Date of Ordinance; Repeal of 

Prior Ordinances ............ 29 
FORT MOSAVE INDIAN TRIBE 

Section 1. Title. 

This Ordinance shall be known as the Fort Mojave Indian 

Tribe of California, Arizona an6 Nevada Gaming Ordinance, 

The Tribal Council of the Fort Mojave Indian Tribe, finds 

that : 

A, The Fort Mojave Indian Tribe has the exclusive 

authority to regulate Class I1 gaming activities on Indian land^ 

as defined at 25 U.S.C. S 2703(4)(b) within the States of 

California and Arizona; and 

8. The Fort Mojave Indian Tribe is authorized to operate, 

license and regulate Claee 111 gaming on ~ndian Lands, as defined 

at 25 U.S.C. 2703 (4)(b), provided it has entered into, and 

operates Class I11 gaming consistent with, a compact entered into 

between the Tribe and the state where said gaming is or will be 

operated; and 

C. It is essential to the health, safety and general 

welfare of the Fort Mojave Indian Tribe and the visitors to Fort 

Mojave Reservation that standards and regulations be promulgated 

to govern the conduct of gaming aativitiee on Fort Mojave Indian 

lands. 

The purposes of this Gaming Ordinance are to: 

A. provide standards and regulations governing the conduct 

of gaming activities on Fort Mojave Indian lands; 

B. Promote tribal eaonomic davelopment; 

c. Enhance employment opportunities for tribal members; 

D. Strengthen the economy of the Fort Mojave Indian ~ribr; 

and 

E. Generate revenue for use in improving the health, 

education and general welfare of enrolled members of the Fort 

Mo j ave Indian Tribe. 
1. "Actw or nI.G.R.A.81 means the Indian Gaming Regulatory 

Act, 25 U.S.C. S 2701 et seq. 

2. l1BingoN means the game of chance (whether or not 

electronic, computer or other technological aids are used in 

connection therewith) which is played for prizes, including 

monetary prizes, with cards bearing numbers or other 

designations; in which the holder of the card covers such numbers 

or designations when objects, similarly numbered or designated, 

are drawn or electronically determined; and in which the game is 

won by the first person covering a designated arrangement or 

pattern of numbers or designations on such cards. "BingoN 

includes, if played at the same location, pull tabs, lotto, punch 

boards, tip jars, instant bingo and other games similar to bingo. 

3. Ifclass I GamingN mans soofal games played solely for 

prizes of minimal value or traditional forms of Indian gaming 

engaged in by individuals aa a part of, or in connection with, 

tribal ceremonies or celebrations. 

4. flClase I1 Gaming* means all forms of gaming which are 

defined as llClass I1 Gamingtf in the Indian Gaming Regulatory Act, 

P.L. 100-4977 (1988), codified at 25 U.S.C. 5s 2701-2721, and 

shall include, but not be limited to, the following forms of 

gaming: bingo, lotto, pull tabs, punch boards, instant bingo, 

tip jars and non-banking card games, when played fn conformity 

with 25 U.S.C. S 2703(7). 

5. 'IClass I11 Gamingw means all forms of gaming that are 

not Class I Gaming or Class If Gaming, as defined in the Indian 

Gaming Regulatory Act, Pub.L. No. 100-497 (1988), codified at 25 

U. S. C. 5s 2701-2721. 

6. nCompactn means the Compact or Compacts by and between 

the Fort Hojave Indian Tribe and the States of ~alifornia, 

Arizona and/or Nevada, as applicable, setting forth an agreement 

for operation of Class 11 and/or Claes I11 gaming on Fort Mojava 

Indian lands within the States of California, Arizona and Nevada 

respectively. 

7. nEntityw means any organization, including any 

division, department or other unit therein, and includes, but 

shall not be limited to, a public or private corporation, 

partnerehip, joint venture, voluntary or unincorporated 

association, organization, proprietorship, trust, estate, 

commission, bureau, department of governmental agency pxcerit that 

"entity" shall not include the Fort Mojave Indian Tribe. 
8. "Equipment1@ means any article, device, or other it=, 

employed in gaming activity, including but not limited to Bingo 

cards, lottery tickets, any electronically operated blower 

machine, computer, electronic selection machine, gambling 

machines, gaming tables, associated paraphernalia, chipe, tokens, 

dice and any other items employed in gaming aativity. 

9. "Gaming Cemmiseion~ mane the Tribal Gaming omm mission 

or State ~aming Commission ae applicable in accordance with the 

Compact. 

10. nGambling Machinew or Ivelot machinew means a 

mechanical, eleatrical, electronic or other gambling device or 

machine that, upon, insertion of a coin, currency, token, credit 

card or other similar object, or redemption of a credit or upon 

payment of any valuable consideration, is available to play or 

operate, play or operation of which, whether by reason of skill 

or chance or both may deliver or entitle the player to receive a 

prize whether the payoff is made automatically from the machine 

or in any other manner, The term does not include pinball 

machines. 

11. "Gross Receipts1# means the total receipt^ from the 

conduct of gaming activities. 

12. "Indian Lands" or "Fort Mojave 1ndian landsn means all 

lands within the limits of the Fort Mojave Indian reservation; or 

any lands title to which ior either held in truet by the United 

States for the benefit of the Fort Mojave Indian Tribe or 

individual Fort Mojave Tribal mamber or held by the Fort Mojave 

Indian Tribe or individual Fort Mojave Tribal member subject to 

restriction by the United States against alienation, and over 

which the Fort Mojave Indian Tribe exercises governmental power. 

13. 'IKey employee^^ is defined an in 25 C.F.R. 5502.14. 

14. I1Lotteryw means any scheme for the disposal or 

distribution of property, by chance, among persons who have paid 

or given any valuable consideration for the chance of obtaining 

such property, or a portion of it, or far any share or any 

interest in such property upon any agreement, understanding or 

expectation that it is to be distributed or disposed of by lot or 

chance, whether called a lottery, raffle or gift enterprise, or 

by whatever name the same raay be known. 

15. Wet RevenuesH means gross gaming revenues of the 

~ribe's gaming operation less (i) amounts paid out as, or paid 

for, prizes and (ii) total gaming-related operating expenses, 

excluding management fees. 
16. IgNon bariking card gamesgg means any card game in which 

two or more players play against each other and the players do 

not wager against,the house. Non-banking card games played in 

conformity with State law regulating hours of play, wage and pot 

limits is Class I1 gaming. All other non-banking card games are 

Class I11 games. 

17. ggPersonu means any individual, receiver, administrator, 

executor, assignee, trustee in bankruptcy, trust, estate, firm, 

partnership, joint venture, club, company, joint stock company, 

business trust, corporation, association, society, or any group 

of individuals acting as a unit, whether mutual cooperative, 

fraternal or nonprofit doing business within the Indian lands. 

The Tribe is not within the definition of person. 

18. "Pinball Machineu means a video, mechanical, electrical 

or electronic machine which upon insertion of a coin or token or 

upon redemption of a credit, is available for play, the play or 

operation of which, by reason of skill, chance or a combination 

of both, may entitle a player to an automatic, immediate free 

replay or replays, which cannot be redeemed for anything of 

value. 

19. glPlayergg means any person participating in gaming 

activity, who is participating with the reasonable expectation 

of, or for the chance of, receiving a prize of some value. 

20. "Primary Management Officialsgg is defined as in 25 

C.F.R. 5502.19. 

21. "Prizegg means any U.S. currency, cash or other property 

or thing of value awarded to a player or players, or received by 

a player or players as a result of their participation in a 

gaming activity. 

22. "Secretarygg means the Secretary of the Interior. 

23. l1StateU means the States of California, Arizona or 

Nevada, as applicable. 

24. lgState Gaming Commissiongg means the Gaming Commission 

or agency of the state in which the lands upon which gaming is 

being or will be conducted. 

25. "Tribal Councilg1 means the Tribal Council of the Fort 

Mojave Indian Tribe of California, Arizona and Nevada. 

26. "Tribal Courtm means the Fort Mojave Tribal Court. 

27. IgTribal gaming facilityg1 or I1Gaming facilityw means any 

location where Class I1 or Class I11 gaming is conducted. 
28. @'Tribal gaming operation" means any Clase IS or class 

I11 gaming operation conducted on Fort Mojave Indian lands. 

29, "Tribel1 means the Fort Mojave 1ndian Tribe within the 

States of ~alifornia, Arizona and Nevada, recognized by the 

Secretary of the Interior, and having special rights of self 

government, its agencies and official^. 

.&!&hue thorbed and Reuulrted .. A, Class I gaming is authorized on fndian lands, and may 

be conducted by any person. class I gaming shall not be 

regulated by this Ordinance. 

B. Clase 11 gaming and Clase 111 gaming are authorized on 

Indian lands. Class I1 gaming and Clase 111 gaming shall be 

regulated by the Gaming Commiseion and shall only be operated 

consistent with the provisions of this ordinance and 25 U.S.C. S 

2710. 

Section* Was of Revanuse from Clam 1-4 CA. Tribal revenues from Class 11 and Class 111 gaming 

activities shall be used only tot 

1. fund tribal government operations or programs; 

2. provide for the general welfare of the community 

or Community members; 

3. promote economic development within the Fort 

Mojave Indian Tribe Indian Reservation; 

4. fund operations of local tribal governraent 

agencies; and/or 

5, donate to charitable organizations. 

A. To ensure that the environment and the public safety 

and welfare are adequately protected, each gaming facility shall 

be constructed and maintained in compliance with applicable 

tribal, state and federal laws, including but not limited to fire 

codes, safety codes and building codee. 
B. Each gaming facility shall be subject to inspection to 

insure compliance, annually or on such basis as the Tribal 

Building inspector, or if none, Tribal Council, determines 

necessary and appropriate and be subject to such other inspection 

as may be required by the Compact. 

Section 8. Minors. Em~lovees Prohibited. 

1. No person under the age of 18 years shall be 

permitted to play any Class I1 or Class I11 game. 

2. No person who is employed at a Class I1 or Class 

I11 gaming facility may play any game conducted therein while on 

duty. 

Section 9. Prizes: Aasicrnment and Forfeiture. 

A. Not Assianable, exception. 

The right of any person to a prize shall not be assignable 

except that payment of any prize may be made to the estate of a 

deceased prize winner or to a person pursuant to an order of the 

Tribal Court. 

B. Forfeiture. 

1. Any unclaimed prize of a Class I1 or Class I11 

gaming activity shall be retained by the owner of the gaming 

activity or enterprise for ninety days after the prize is 

available to be claimed. Any person who fails to claim a prize 

during such time shall forfeit all rights to the prize, and the 

amount of the prize shall be awarded to the Tribe. 

2. Any prize won by a person under the age of 

eighteen (18) shall be forfeited as a violation of Section 8 of 

this Ordinance. Any such prize shall be awarded to the Tribe, 

and the approximate consideration paid by the minor shall be 

refunded to the minor. 

1 Administration 

Section 10. Tribal Gaminu Commission. 

A. Establishment and Composition. 

1. There is hereby created the Tribal Gaming 

Commission. 

2. The Tribal Gaming Commission shall be comprised of 

a Gaming Commissioner and four (4) members. 
B. Qualifications and Amointment. 

1. The Gaming Commissioner shall be appointed by the 

Tribal Council, and shall possess and demonstrate as minimum 

qualifications: 

a. Knowledge and experience in the commercial 

gaming industry; 

b. Familiarity with the Act; 

c. Experience in and knowledge of administration 

and administrative procedure. 

2. The members shall be appointed by the Tribal 

Council. Not less than two (2) members shall be from among 

Tribal membership. 

3. Appointments of the Commissioner and members shall 

be for a term of four (4) years, except that of the initial 

members one shall be appointed for a term of one year, one for 

two (2) years, one for three (3) years and one for four (4) 

years, which will result in staggered appointment and provide 

continuity within the Commission. The Commissioner and all 

members may be re-appointed for one or more successive terms. 

4. No person shall be appointed to the Tribal Gaming 

Commission unless the Tribal Council is satisfied that: 

a. He or she is a person of good character, 

honesty and integrity, whose prior activities, criminal record, 

if any, reputation, habits and associations do not pose a threat 

to the public interest of the Tribe, its members or to the 

effective regulation of gaming, or create or enhance the dangers 

of unsuitable, unfair, or illegal practices and methods and 

activities in the conduct of gaming or the carrying on of the 

business and financial arrangements incidental thereto; and 

b. He or she has no interest in any private 

gaming activity on Fort Mojave Indian lands or any activity which 

may have interests in conflict with the Tribal gaming operations. 

5. The Commissioner and members may be removed for 

good cause, after written notice and opportunity to be heard by 

the Tribal Council. Good cause shall exist when any condition 

occurs or is discovered which would exclude a person from 

appointment. 

C. Duties and Powers. 

The Tribal Gaming Commission shall administer the provisions 

of this Ordinance and shall have all powers necessary therefor. 
In exercise of its duties, the Tribal Gaming Commission shall, 

insofar as is consistent with the Compact: 

1. Promulgate such rules and regulations as may be 

necessary and desirable for the proper implementation and 

enforcement of this Ordinance; 

2. Identify and define the rules of play for each 

Class I1 and Class I11 game permitted; 

3. License, supervise, inspect and oversee all gaming 

activities and persons employed in gaming activities conducted on 

Indian lands; 

4. Conduct background investigations of Key Employee 

and Primary Management Official license applicants; 

5. Carry on a continuous study and investigation of 

Class I1 and Class I11 gaming on Indian lands for the purpose of: 

a. Ascertaining any defects in or abuses of the 

standards and regulations in this Ordinance or applicable rules 

and regulations; 

b. Formulating recommendations for changes in 

the standards and regulations in this Ordinance and any and all 

applicable rules and regulations; 

c. Preventing abuses and evasions of the 

standards and regulations prescribed by this Ordinance and 

applicable rules. 

6. Report to the Tribal Council on any matters 

related to gaming which are deemed by the Gaming Commission to 

constitute an emergency requiring immediate action; 

7. Take any action it deems necessary and appropriate 

to implement and enforce this Ordinance, applicable rules and/or 

regulations, and/or to prevent or remedy violations thereof 

including but not limited to license suspension, revocation, 

prosecution, referral for prosecution, civil suit, issuance of 

subpoenas and imposition of administrative fines. 

8. Employ such employees as are necessary to carry 

out the specific and general powers and duties of the Tribal 

Gaming Commission. 

9, Prescribe by rule and regulation the procedures 

for resolving disputes between the gaming public and a gaming 

operation. 
The Comissioner, members, and employees of the Tribal 

~aming Commission shall be reasonably compensated, as determined 

by the Tribal Council. The compensation shall be paid from the 

Tribe's inaome from gaming aativities, 

E. Judicial Review of Tribama ~o~ssion Final 

Action. 

1. A final action of the Tribal ~aming Commiesion shall be 

deemed a final administrative action subject to review under the 

standard of review established in 5 U.s.c. S706. The final 

administrative action shall be reviewable under the exclusive 

jurisdiction of the Fort Mojave Tribal Court, which is hereby 

granted jurisdiction to hear such appeals. 

2. Appeal to the Tribal Court of final ~ribal ~aming 

Commission action pursuant to this paragraph (E) shall be 

commenced no later than thirty (30) days subsequent to reasonable 

notice to the aggrieved person of the final action and shall 

procaod pursuant to the procedural rules of the Tribal Court 

and/or as otherwise expressly provided in this Ordinance. 

3. Judicial review of final Tribal ~aming commission 

action shall be limited to and proceed on the adninistrative 

record. Within twenty (20) day8 after commencement of the Tribal 

Court action and tender of payment by the aggrieved person to the 

Tribal Gaming Commission of the costs of preparing a certified 

transcript, or within such other time as the Tribal Court may 

order and said tender of payment, the ~ribal ~aming om mission 

shall prepare and transmit to the Tribal Court a certified 

transcript of the administrative record. 

4. The burden of demonstrating the invalidity of final 

~ribal 6aming omm mission aation shall be on the person asserting 

the invalidity. 

5. In the event of a conflict between the provisions of 

this paragraph (E) and the Fort Mojave Administrative Procedures 

Ordinance, the Administrative Procedures Ordinance shall control. 

1. ~eaignation of the authority to license and 

regulate Claaa TI and/or Class I11 gaming shall be pursuant to 

federal law, tribal law and the applicable Compact. 
2. Claes I gaming shall not be regulated by this 

Ordinance and no licensing shall be required for Class I gaming. 

The Tribal Gaming Commission shall issue the following 

licenses for gaming on Fort Mofave 1ndian lands subject to its 

authority to license and regulate1 

2. Claes If Owner License 

3. Operator License 

4. Contractor License 

5. Primary Management Oificial License 

6. Key Emgloyee Licenee 

7, General Employee License 

8. Class 11 Facility License 

9. Class I11 Facility License 

10. Manufacturer's and Distributor's License 

11. Vendor's License 

12. Other ~icenses neaessary and appropriate 

Section 12. 8 a era a A 

Yaarlv Fees. 

A. Any person making application for a tribal gaming 

license pursuant to this Ordinance shall submit his or her 

application, and required forms and information, as set forth by 

the Tribal GamingCommission, pursuant to thie Ordinance, 

together with an application fee as follows: 

1. Class I1 License fees: 

a. Manager License - $500.00 

b. Owner License - $1,500.00 

c. Operator License - $1,000.00 
d. Contractor License - $2,500.00 

e. Primary Management Official ~icense - $1,500.00 

f. Key Employee License - $1,500.00 

g. General Employee License - $15.00 

h. . Facility License - $100.00 

2. Class I11 License fees: 

a. Manager License - $1,500.00 

b. Contractor License - $7,500.00 

c. Primary Management official License - $4,500.00 

d. Key Employee License - $4,500.00 

e. General Employee License - $45.00 

3. General License Fees: 

a. Manufacturer and Distributor's License - $6,000.00 

b. Vendor's License - $3,000.00 

The Tribal Gaming Commission may waive fees in its 

discretion if an applicant is unable to pay fees. 

B. A licensee shall, at least sixty (60) days prior to the 

expiration of the license, make application for renewal with the 

Tribal Gaming Commission, and shall submit the application and 

required forms and information together with a renewal fee 

equivalent to 75% of the applicable license fee. 

Section 13. License Validity: Effective Period and Place. 

A. Period. Tribal gaming licenses shall be valid and 

effective for a period of one year from the date of issue, unless 

same is sooner suspended or revoked for cause after notice and 

hearing, pursuant to this Ordinance. The effective date and 

period shall be stated on the face of the license. 

B. Place. 

1. A tribal gaming license shall be valid for one (1) 

facility or location only, and the location shall be identified 

on the face of the license. 
2. If a person or entity desires to be employed with, 

or operate, more than one gaming location, a separate gaming 

license must be obtained for each separate facility or location. 

C. Facilitv License. A separate tribal gaming license 

shall be issued to each place, facility or location on Indian 

lands where gaming is allowed in accordance with this Ordinance. 

Section 14. License: Oualifications and Reauirements. 

A. General. 

1. An application to receive a tribal gaming license 

or to be found suitable to receive a tribal gaming license shall 

not be granted unless the Tribal Gaming Commission is satisfied, 

after review of a background investigation that such applicant 

is: 

a. A person of good character, honesty and 

integrity; 

b. A person whose prior activities, criminal 

record, if any, reputation, habits and associations do not pose a 

threat to the public interest of the Tribe, its members or to the 

effective regulation of gaming, or create or enhance the dangers 

of unsuitable, unfair or illegal practices and methods and 

activities in the conduct of gaming or the carrying on of the 

business and financial arrangements incidental thereto; and 

c. In all other respects is qualified to be 

licensed or found suitable consistent with the declared policy of 

the Fort Mojave Indian Tribe. 

d. An application to receive a tribal gaming 

license or to be found suitable constitutes a request for a 

determination of the applicant's general character, integrity and 

ability to participate or engage in, or be associated with 

gaming. Any written or oral statement made in the course of an 

official proceeding of-the Tribal Gaming Commission or the 

National Indian Gaming Commission established pursuant to 25 

U.S.C. S 2704, by any member thereof or any witness testifying 

under oath which is relevant to the purpose of the proceeding is 

absolutely privileged and does not impose liability for 

defamation or constitute a ground for recovery in any civil 

action. 

B. Primarv Manaaement Officials. Kev and Other Em~loyees; 

Reauirements. 

1. No person shall be licensed by the Tribal Gaming 

Commission for employment by a gaming enterprise operated on Fort 

Mojave Indian lands who: 
a. Has been convicted of or who has pled guilty 

or nolo contendere to any felony, gambling offense, or other 

offense involving moral turpitude (except that misdemeanors 

committed before such person's 18th birthday shall not act to bar 

his/her employment); or 

b. Is under the age of 18, exce~t that, no 

person shall be licensed by the Tribal Gaming Commission for 

employment as a Primary Management Official or Key Employee who 

is under the age of 21. 

2. No person shall be employed as a Primary 

Management Official or Key Employee in a Class I1 or Class 111 . gaming activity who: 

a. Has not first applied for and obtained a 

tribal gaming license or a state gaming license, as is 

applicable, pursuant to this Ordinance. 

b. Is ineligible for fidelity bonding or similar 

insurance covering employee dishonesty. 

3. Every person employed at a gaming facility 

operated on Fort Mojave Indian lands shall wear an identification 

badge which conspicuously states the place of employment, the 

full name and photograph of the person and their position of 

employment. 

C. Primarv Manaaement Officials and Key Em~lovees: License 

A~Dlication. Notices. 

1. The Tribal Gaming Commission shall require that 

Primary Management Officials and Key Employees make application 

for a tribal gaming license on a form specified by the Tribal 

Gaming Commission, unless the applicable Compact allocates sole 

jurisdiction to the relevant State with respect to background 

investigations. 

2. The application form shall include the following 

notices : 

a. Privacy Notice: 

In compliance with the Privacy Act of 1974, 

the following information is provided: 

Solicitation of the information on this form is 

authorized by 25 U.S.C. 2701 & seq. The purpose 

of the requested information is to determine the 

eligibility of individuals to be employed in a 

gaming operation. The information will be used by 

the National Indian Gaming Commission members and 

staff who have need for the information in the 
performance of their official duties. The 

information may be disclosed to appropriate 

federal, tribal, State, local or foreign law 

enforcement and regulatory agencies when relevant, 

to civil, criminal or regulatory investigations or 

prosecutions or when pursuant to a requirement by 

a tribe or the National Indian Gaming Commission 

in connection with the hiring or firing of an 

employee, the issuance or revocation of a gaming 

license, or investigations of activities while 

associated with a tribe or a gaming operation. 

Failure to consent to the disclosures indicated in 

this notice will result in a tribe's being unable 

to hire you in a primary management official or 

key employee position. 

The disclosure of your Social Security Number 

(SSN) is voluntary. However, failure to supply a 

SSN may result in errors in processing your 

application. 

b. Notice Reaardina False Statements. 

A false statement on any part of your 

application may be grounds for not hiring you, or 

for firing you after you begin work. Also, you 

may be punished by fine or imprisonment (U.S. 

Code, Title 18, section 1001) . 

3. a. All applicants to the Tribal Gaming 

Commission shall be required to sign an acknowledgement of 

receipt and reading of the Privacy Notice and Notice Regarding 

False Statements, which shall be placed on the same page 

immediately following the Notice. 

b. The Tribal Gaming Commission shall notify in 

writing existing Key Employees and Primary Management Officials 

subject to tribal licensure that they shall either: 

(1) Complete a new application form that 

contains a Privacy Act notice and a 

Notice Regarding False Statements; or 

(2) Sign a statement that contains the 

Privacy Act notice and consent to the 

routine uses described in that notice 

and a statement that contains the Notice 

Regarding False Statements. 

4. The tribal gaming license application shall at 

minimum require the following information: 
(1) Full name, other names used (oral or 

written), social security numbers(s), birth 

date, place of birth, citizenship, gender, 

all languages (spoken or written); 

(2) Currently and for the previous 5 years: 

business and employment positions held, 

ownership interests in those businesses, 

business and residence addresses, and drivers 

license numbers; 

(3) The names and current addresses of at least 

three personal references, including one 

personal reference who was acquainted with 

the applicant during each period of residence 

listed under paragraph (a)(2) of this 

section; 

(4) Current business and residence telephone 

numbers ; 

(5) A description of any existing and previous 

business relationships with Indian tribes, 

including ownership interests in those 

businesses; 

(6) A description of any existing and previous 

business relationships with the gaming 

industry generally, including ownership 

interests in those businesses; 

(7) The name and address of any licensing or 

regulatory agency with which the person has 

filed an application for a license or permit 

related to gaming, whether or not such 

license or permit was granted; 

(8) 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; 

(9) For each misdemeanor conviction or ongoing 

misdemeanor (excluding minor traffic 

violations) within 10 years of the date of 

the application, the name and address of the 

court involved, and the date and disposition; 

(10) For each criminal charge (excluding minor 

traffic charges) whether or not there is a 

conviction, if such criminal charge is within 

10 years of the date of the application and 
is not otherwise listed pursuant to paragraph 

(a) (8) or (a) (9) of this section, the 

criminal charge, the name and address of the 

court involved, and the date and disposition; 

(11) The name 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 permit was granted; 

(12) A photograph; 

Fingerprints consistent with procedures 

ad0pted.b~ the Tribal police or the Tribal 

Gaming Commission consistent with 25 C.F.R. S 

522.2(h). Fingerprints shall be taken by the 

Tribal Police, or the State police of the 

State in which the applicant resides, and 

shall be sent directly to the National Indian 

Gaming Commission by the law enforcement 

agency taking the fingerprints; and 

(14) Any other information the Tribal Gaming 

Commission deems relevant. 

D. Primarv Manaaement Officials and Kev Em~lovees; 

Backaround Investiaation: Re~ort. 

1. The Tribal Gaming Commission shall conduct, or 

cause to be conducted, by an investigator appointed by it, a 

background investigation for each Primary Management Official and 

Key Employee, unless the applicable Compact allocates sole 

jurisdiction to the relevant State with respect to background 

investigations. The investigation shall include, at minimum: 

a. Verification of all information on the 

application; 

b. Interviews of current and prior employers and 

immediate supervisors for the preceding five (5) years; 

c. Interviews of all personal references; 

d. Obtaining a criminal history record; and 

e. An interview with the applicant. 

2. The investigator shall be required to make written 

report to the Tribal Gaming Commission of the investigation, 

including therein the steps taken in conducting the 

investigation, the names, addresses and relationship to the 
applicant of all persons interviewed, the information obtained 

from persons interviewed regarding the applicant's reputation, 

habits and associations and the apparent candidness (or lack 

thereof) of the persons, and any other information garnered or 

learned about the applicant and the source of the information, 

and shall particularly identify all potential problem areas and 

sources of the information. 

3. The Tribal Gaming Commission shall review the 

report and any additional information known to it and make a 

determination of whether the applicant is eligible, meets the 

requirements for employment and is suitable or poses a threat to 

the public interest or to the effective regulation of gaming or 

creates or enhances the dangers of unsuitable, unfair or illegal 

practices and methods and activities in the conduct of gaming, 

particularly identifying all potential problem areas and 

disqualifying information. 

4. The Tribal Gaming Commission shall create a 

report, that at minimum identifies and describes the steps taken 

in conducting the investigation, the results obtained, the 

conclusions reached and the basis for these conclusions. 

5. The Tribal Commission shall not issue a license to 

any applicant who is not eligible and/or does not meet the 

requirements for employment as a Primary Management Official or 

Key Employee. 

6. Following its determination and prior to issuance 

of a license to an applicant determined to meet the requirements, 

the Tribal Gaming Commission shall forward to the National Indian 

Gaming Commission the investigative report and a copy of the 

eligibility determination. The Tribal Gaming Commission may 

forward the investigative report and a copy of the eligibility 

determination of applicants denied licensure, and shall notify 

the National Indian Gaming commission of its decision not to 

license an applicant. 

Section 15. License Bus~ension and Revocation. 

A. Sumension and Revocation. 

1. Any license issued by the Tribal Gaming Commission 

shall be suspended, without prior notice, if the National Indian 

Gaming Commission, after notification by the Tribal Gaming 

Commission of the issuance of a license, and after appropriate 

review, indicates that a Primary Management Official or Key 

Employee does not meet the standards established and set forth 

herein, pursuant to 25 U.S.C. 5 2710, and after notice and 

hearing may revoke such license. 
2. The Tribal Gaming Commission shall immediately 

suspend, and after notice and hearing, revoke the license of any 

Primary Management Official or Key Employee of a Class I1 or 

Class I11 gaming activity or entity who is or becomes ineligible 

to hold a license under this Ordinance or who violates any 

provision of this Ordinance or of 25 U.S.C. SS 1166, 1167, 1168 

or 2701 or of 18 U.S.C. S 1163. 

B. Revocation Notice. 

1. The Tribal Gaming Commission shall promptly notify 

in writing any tribal licensee whose license has been or will be 

revoked and shall include in said notice: 

a. The effective date of the revocation; 

b. The reason(s) for the revocation; 

c. The right of the licensee to appeal the 

revocation to the Tribal Court within ten (10) days of the 

licensee's receipt of the revocation notice. 

2. A copy of the revocation notice shall be sent to 

the National Indian Gaming Commission. 

C. Revocation Hearinq. 

1. A tribal licensee may appeal the revocation of 

his/her license to the Tribal Court by sending a written notice 

of appeal of the revocation to the Tribal Court and the Tribal 

Gaming Commission no later than 10 days after the licensee 

receives notice that his/her license has been revoked. The 

notice of appeal shall clearly state the reason(s) why the 

licensee believes his/her license should not be revoked. 

2. Upon receipt of the notice of appeal of the 

license revocation, the Tribal Court shall schedule a revocation 

hearing to be conducted within twenty (20) days of receipt of the 

notice of appeal. Written notice of the time, date and place of 

the hearing shall be delivered to the licensee no later than five 

days before the scheduled date of the hearing. 

3. The licensee and the Tribal Gaming Commission may 

be represented by legal counsel at the revocation hearing. The 

licensee and the Tribal Gaming Commission may present witnesses 

and evidence in support of their respective positions and may 

examine witnesses and evidence presented by the opposing side. 

4. The Tribal Court shall issue its decision no later 

than ten (10) business days following the revocation hearing. 

The decision of the Tribal Court shall be final and conclusive, 

and no appeal to a higher court shall be allowed, except that a 
claim of appeal based upon discrimination may be made to the Fort 

Mojave Tribal Appeals Court. 

5. A copy of the Tribal Court's decision regarding 

the revocation of a license shall be sent to the Tribal Gaming 

Commission and National Indian Gaming Commission. 

D. ADDlication for Relicensinq. 

No person or entity whose Class I1 or Class I11 tribal 

gaming license has been revoked shall be eligible for a new 

license until 12 months after the effective date of the 

revocation. 

111. Class 11 Gaminq 

Section 16. Definitions. 

1. "Bingow means bingo as defined in Section 3 of 

this Ordinance. 

2. "Bingo OccasionM means a single session or 

gathering at which a series of successive bingo games are played. 

3. @@Card games1@ means non-banking card games played 

in conformity with California, Arizona or Nevada state law, as 

applicable, regulating hours, wagers and pot limitations. 

4. @@Game Cardm and @@Bingo game cardu means a regular 

or special Bingo Card. 

5. "Lottom means a game of chance with cards bearing 

numbers or other designations, in rows of 9, in which the player 

holding the card covers such numbers or designations when objects 

similarly numbered or designated are drawn or otherwise randomly 

determined, in which the game is won by the first player to cover 

a predesignated arrangement on the card. 

6. "Pull Tabsu means a game of chance in which 

players purchase a card containing predetermined numbers, colors, 

symbols or other designations which when revealed may result in 

the award of a prize on the basis of a designated winning number, 

color, symbol or other designation or combination thereof, 

whether or not electronic, computer, or other technological aids, 

to the extent permitted by law, are used in connection therewith. 

7. @@Punch Boardn means a small board that has many 

holes, each filled with a rolled up printed slip to be punched 

out upon payment of a player fee, in an effort to obtain a slip 

that entitles the player to a designated prize. 
8. llRegular Bingo Card1' means a board card issued to 

a Ferson upon payment of an admission fee which affords a person 

the opportunity to participate in all regular bingo games played 

at a bingo occasion. 

9. I1Special Bingo GameN means any bingo game which is 

not a regular bingo game and which is played with special bingo 

cards for special prizes. 

10. "Tip Jarsn means a game of chance, wherein a 

person upon payment of a fee, is permitted to reach into, or tip 

a jar containing printed slips, and extract one slip in an effort 

to obtain a slip that entitles the player to a designated prize. 

section* persons Authorisad to condunt Cum 11 Gsr~inq. 

1. All Class I1 gaming conducted on Fort Mojave 

Indian lands shall be conducted in compliance with the applicable 

Compact, applicable State law, Federal law, Tribal law, and 

applicable rules and regulations of any governmental authority 

with jurisdiction. In the event of a conflict between the 

provisions of Sections 16 through 24 of thi~ Ordfnance and an 

applicable Compact, the Compact shall control, 

2. No person or entity shall own, operate or conduct 

a Class I1 gaming activity on Indian lands unless that person or 

entity haa first received a license to conduct a Class I1 gaming 

activity from the Gaming Commisei on. 

ction I&. 

1, No person or entity shall own an interest in or 

conduct Clams 11 gaming in any location without first having 

applied for, and been ieaued, a Clam I1 gaming owner and/or 

operator's license. 

2. Any person or entity who'owns an interest in a 

Claes If gaming enterprise shall apply to.the Gaming Commission 

for an owner and/or operator license for a Class XI gaming 

facility, as is appropriate, on a form prescribed by the Gaming 

commission. A separate application and license shall be required 

for each place, facility, or loaation on Indian lands at which 

Class I1 gaming will be conducted. 

3. Preference shall be given to permitting Class I1 

gaming activities in which the Fort Mojave Indian Tribe has the 

sole proprietary interest to be conducted on Indian lands. 

4, ~otwithstanding subparagraph (3) above, the ~riba.1 

Gaming commission may licensae a class I1 gaming activity owned in 

whole or in part, by a person or entity other than the Fort 
~ojave Indian Tribe, provided that no license may be issued to 

such a parson or entity unless the person or entity has first 

expressly agreed, and commemorated in writing on a form 

prescribed by the Gaming commission, that: 

a. The gaming activity shall be subject to the 

regulations premcribed in this Section; 

b. Not lees than dxty (60%) percent of the Net 

Revenues from the gaming activity shall be income to the Tribe; 

c. The person(s) who own the gaming activity or 

entity : 

(i) is (are) eligible to receive a license 

from the State of California, Arizona or Nevada to conduct the 

same gaming activity on lands subject to the applicable state's 

jurisdiction; and ' 

(ii) shall pay an appropriate asses~ment to 

the National Indian Gaming Commission for the regulation of the 

gaming activity, as required by 25 U.S.C. S 2717(a)(l). 

5 a. A license to'own 01 operate a Class 11 gaming 

establishment shall not be granted unless the applicant has 

satisfied the Gaming Commission that: 

(i) he has adequate business probity and 

experience in gaming. 

(ii) the proposed financing of the operation 

is adequate for the nature of the proposed operation and from a 

suitable source, Any lender or other source of money or credit 

which the Gaming Commission finds does not meet the standards set 

forth in Seotion 14(A) (1) may be deemed unsuitable. 

b. The Gaming Commission may in its discretion 

grant a license to a corporation which has complied with the 

provisions of this Ordinance. 

c. The Gaming Commission may in its discretion 

grant a license to a limited partnership which has camplied with 

the provision^ of this Ordinance. 

d. No person or limited partnership, except one 

whose sole limited partner is a publicly traded corporation which 

has registered with the Gaming Commission, or business trust 

organization or other association of a quasi corporate character, 

is eligible to receive or hold any license, or be a licensee or 

operator under this Ordinance unless all persons having any 

direat or indirect interests therein of any nature whatsoever, 

whether financial, administrative, policy making or supervisory, 
are individually qualified to be licensed under the provisions of 

this Ordinance. 

e. The Gaming Commission may limit the number of 

persons who may be financially interested in any corporation or 

other organization or association licensed under this Ordinance, 

and consistent with 25 U.S.C. § 2700 et seq. and establish such 

other qualifications for licenses as they may, in their 

discretion, deem to be in the public interest and consistent with 

the declared policy of the Tribe. 

6. Income to the Tribe from the gaming activity shall 

only be used for the purposes described in Section 6 of this 

Ordinance. 

Section 19. Manauement Contracts. 

The Fort Mojave Indian Tribe may enter into a management 

contract for the operation and management of Class I1 gaming 

activities. Each such contract must comply with the provisions 

of this Ordinance, other applicable provisions of tribal law 

(including, but not limited to, tribal employment preference 

laws), and provisions of federal law (including, but not limited 

to, 25 U.S.C. S 2711). 

Section 20. Games Permitted. 

A. The Tribe and licensed Class I1 owners and operators 

may conduct bingo, Class I1 card games or a combination of bingo 

and Class I1 card games. 

B. A bingo facility at each bingo occasion shall conduct 

regular bingo games and may additionally conduct special bingo 

games, and such other Class I1 games permitted by the Gaming 

Commission as its operators or managers choose. 

C. A schedule of the Class I1 games to be conducted must 

be conspicuously posted at each entrance to the bingo facility 

each week in which games will be conducted at least 24 hours 

prior to the start of the first game scheduled. The schedule 

must include a statement of the prizes offered for each game. 

Section 21. Binuo Game Cards. 

A. Each facility shall provide the game cards to be used 

for each bingo game conducted and each card shall be marked to 

indicate the issuing facility. 

B. Special bingo cards must be issued separately from 

regular bingo cards, and must be specially marked to indicate the 

particular special bingo game, including date, and the facility 
of issuance. A special bingo card shall be valid only for the 

designated game. 

Section 22. Plaver Limitation. 

The number of persons permitted to play any Class I1 game 

shall be determined by the owner, operator or manager as is 

appropriate, except that: 

A. The number of people permitted in the facility or in 

any room in the facility shall not exceed the limitation of the 

number permissible under the applicable fire, building or other 

safety codes or standards. 

B. The number of people permitted to play any bingo game 

shall not exceed the number of chairs available in the room(s) in 

which the game is being played. 

Section 23. Entrv Prohibited. 

No person may enter any room in which a bingo game is being 

played unless the person is a player, except facility employees 

and persons present by authority of the Gaming Commission, for 

purposes of inspection or regulatory duties. 

Section 24. Hours of Operation: Notice to Cornmiasion. 

A. Class I1 gaming may be conducted 24 hours a day, seven 

days a week, subject to approval by the Gaming Commission. 

B. Prior to operation of Class I1 gaming or any change in 

hours of operation, the operator shall: 

1. Notify the Gaming Commission of the proposed hours 

and days its facility will be open, and the hours and days gaming 

will be conducted. 

2. The proposed schedule shall be approved unless the 

~aming commission notifies the owner or operator of its objection 

within 15 days of its receipt of the proposed schedule. 

3. If the Gaming Commission makes objection, it shall 

state its reasons and the changes necessary, and the proposer may 

submit a revised proposal accommodating the Gaming Commissionfs 

objections, or may request an opportunity to rebut the 

objections. 

a. Submission of a revised schedule, 

incorporating and accommodating the objections, shall be deemed 

approved upon its submission. 
b. If an opportunity to rebut is requested, a 

conference shall be set within fifteen (15) days. The Gaming 

Commission shall issue its decision, which shall be final and not 

subject to further appeal, within fifteen (15) days of the 

conference. 

IV. Class I11 Gaming 

Section 25. Compliance with Compact and Laws Applicable. 

All Class I11 gaming conducted on Fort Mojave Indian lands 

shall be conducted in compliance with the applicable Compact, 

applicable State law, Federal law, Tribal law, and applicable 

rules and regulations of any governmental authority with 

jurisdiction. 

Section 26. Authorized Ownership and O~eration. 

A. The Tribe may own and operate one or more Class I11 

gaming facilities on Fort Mojave Indian lands. 

B. Persons or entities other than the Tribe may own and 

operate Class I11 gaming on Fort Mojave Indian lands only if, and 

to the extent, authorized by contractual or other duly executed 

authorization of the Tribal Council. 

C. 1. No Class I11 gaming shall be conducted unless all 

required licenses shall have first been applied for and obtained, 

pursuant to the Compact, this Ordinance and applicable Federal, 

State and Tribal laws, rules and regulations. 

2. Nothing in this paragraph shall be deemed to 

require the Tribe to apply for or obtain an owner and/or 

operator's license to conduct Class I11 gaming. 

D. For each Class I11 gaming facility, the owner shall 

submit its proposed operational plan to the Tribal Gaming 

Commission, which shall receive required approval if: 

1. the proposed facility is in compliance with safety 

requirements of this Ordinance; and 

2. the Class I11 gaming proposed is consistent with 

the Compact; and 

3. the Class I11 gaming operation proposal complies 

with all applicable Tribal, Federal and State laws, including 

this Ordinance. 
Section 27. Reaulation and Insoection. 

A. Class I11 gaming shall be regulated as provided by the 

applicable Compact. The Tribal Gaming Commission shall adopt all 

necessary and appropriate rules and regulations for Class I11 

gaming in accordance with the applicable Compact which may 

include but not be limited to: 

1. Game rules and conduct; 

2. Public display of rules requirements; 

3. Facility patron safety and security requirements; 

4. Permitted Games Specifications and Requirements; 

and 

5. Background investigations, application and release 

f oms. 

B. Class I11 facilities shall be open at all usual 

business hours for inspection by the Tribal Gaming Commission, 

and the state agency designated by the state in which the 

facility is located pursuant to the Compact. 

Section 28. Hours of Operation. 

A. Class I11 gaming may be conducted 24 hours a day, seven 

days a week, subject to approval by the Tribal or State Gaming 

Commission, as is applicable. 

B. The Owner shall submit, and the Gaming Commission may 

approve, proposed hours of operation unless the proposed hours 

pose a risk to the health, welfare or safety of the public. 

Section 29. Games Permitted. 

A. Any Class I11 game or games permitted pursuant to the 

Compact may be conducted at a Class I11 gaming facility, subject 

to applicable laws, rules and regulations. 

B. Any Class I11 game which is first legalized within the 

States of California, Arizona and/or Nevada after the date of the 

Compact then in effect, or which heretofore becomes permitted on 

Indian lands under federal law, pursuant to the Compact or 

amendments thereto, may be conducted at a Class I11 gaming 

facility subject to applicable laws, rules or regulations. 

Section 30. Manauement Contracts. 

The Tribal Council may authorize and enter into a management 

contract on behalf of the Tribe for the operation and management 
of Class I11 gaming activities. Each such contract must comply 

with the provisions of this Ordinance, the Compact, applicable 

tribal law (including, but not limited to, tribal employment 

preference laws), and applicable federal law (including, but not 

limited to, 25 U.S.C. S 2711). 

V. Records and Audits 

Section 31. Records Maintenance. 

A. Each gaming facility shall maintain accurate and up-todate records for each gaming activity conducted. 

Records shall include records of: 

1. all financial transactions; 

2. all gaming machine testing, malfunctions, 

maintenance and repairs; 

3. personnel; 

4. complaints of patrons; 

5. facility in-house investigations of any kind; 

6. incidents and accidents; 

7. actions by facility against players or facility 

visitors; 

8. actions by facility against or in reprimand of 

employees; and 

9. any additional records required by the Tribal or 

State Gaming Commission as is applicable. 

Section 32. Inde~endent Audits. 

A. 1. Gamina Activities. 

The Tribal Gaming Commission shall require, and the Tribal 

Council shall cause, an audit to be conducted each year on all 

Class I1 and Class I11 gaming activities licensed or conducted on 

Indian lands. Such audit(s) shall be conducted by an independent 

auditing firm, selected at the sole discretion of the Tribal 

Council, or the Tribal Gaming Commission on its behalf. However, 

nothing in this paragraph shall prohibit the annual audit of 

tribal gaming activities from being encompassed within the 

Tribe's existing audit system. 
2. An independent audit of a Clasa 111 Gaming 

activity subject to state regulation pursuant to Compact, 

performed as a rpquirement thereof, may be aaaepteb by the Tribal 

Gaming Commission and adopted a8 the independent audit required 

by thie seotion. 

B. ts for Su. Serviceu or Concsseions. 

Each contract for supplies, services, or conceesions with a 

contract amount in exaesm of $25,000 annually (except contracts 

for professional legal or accounting services) relating to a 

Class I1 or Claee I11 gaming activity shall be eubjeat to the 

independent audit required by subparagraph (A), above. 

m. 

C. t -t to be to Na-dian Oamiag 

The Tribal Gaming Commission shall furnish a copy of 

each annual gaming activities audit report to the National Indian 

Gaming Commission, as required by 25 U.6.C. S 2710(b)(2)(C). 

Section* 

A. It shall 

-- 

be unlawful for any person to: 

1. Operate or participate in gaming on Indian lands 

in violation of the provisions of this Ordinance or in violation 

of rules and/or regulations promulgated pursuant to this 

Ordinance; 

2. Knowingly make a false statement in an application 

for employment with a gaming activity or enterprise, or in an 

application for a tribal gaming lfcanse to operate a gaming 

aativity or enterprise on Fort Mojave Indian lands; or 

3. Bribe or attempt to bribe, or unduly influence or 

attempt to unduly influencm, any tribal authority who licenses, 

operates, conducts, aaeiets, or is otherwise employed in a gaming 

activity or enterprise located on Fort Mojave Indian lands. 

B. Any Indian who violates a provision of this Ordinance 

or of other tribal law relating to gaming aatlvities may be fined 

not more than $1,000 and/or imprisoned for up to one year for 

each violation. A separate violation occurs on each day that a 

violation arises or continues. 

C. Any property used in the cammission of a violation of a 

provision of this Ordinanoe may be seized by the Tribal Gaming 

 omm mission or their agents. The owner of the property shall be 

afforded an opportunity to object and be heard in accordance with 

principles of due procesa. If no objection is raised, or the 
objection is not sustained, the Tribe may dispose of the eeized 

property. 

D. Any non-Indian who violates a provision of this 

Ordinance may be exaluded from the Indian lands within the 

jurisdiction of the Fort Mojave Indian Tribe. 

Section 34. civil Pearltieq. 

A. Any pereon or entity who violates any term or condition 

of any tribal gaming license issued pursuant to this ordinance or 

any provision of a managemont contract executed pursuant to 

Sections 19 and/or 30, or Section 33 above, may be assessed a 

civil penalty by the Tribe and/or the Tribal Gaming Commission. 

Such penalty may be asaesaed only after the paareon or entity has 

bean given notiae an8 an opportunity to be heard before the 

Tribal Gaming Commission. Each violation shall be treated 

separately and may be asaesrsed as a separate violation. 

B. The penalty assessed pursuant to subparagraph A, above, 

shall not exceed $50,000 per violation, or twice the amount of 

any grand prize awarded in a gaming activity which is direatly 

associated with the violation, whichever is greater. 

C. Civil ponaltias provided for in this Section may be 

imporred in addition to the criminal penalties provided for in 

Soation 33 above. 

If any person.or entit fails or refuses to pay a monetary 

penalty or administrative f 1 no impo8ed by the Tribal ~aming 

Commission, or otherwise fails to comply with final aation of the 

Tribal Gaming commission, and such person has failed to timely 

commence an appeal of the impoeition or action in the Fort Mojavs 

Tribal Court or. the Fort Mojave Tribal Court has upheld the 

imposition or action, the Tribe may proceed to collect the 

assessment or enforce the action by initiating a civil action 

against the person or entity in the Tribal Court or in any other 

court of competent jurisdiction. In a civil action, the validity 

and amount of any monetary penalty or administrative fine imposed 

by the Tribal ~aming Commission shall not be subject to judicial 

review. The Tribe hall be entitled to all remedies in law or in 

equity that are available to civil litigant^ generally. The 

provisions of thie Section 35 shall in no way limit the remedies 

at law or in equity otherwise available to the Tribe. 
VII. Validitv of Ordinance 

Section 36. Beverabilitv. 

If any provision or provisions in this Ordinance are held 

invalid by a court of competent jurisdiction, this Ordinance 

shall continue in effect as if the invalid provision(s) were not 

a part hereof. 

Section 37. Effeative Date of Ordinance: Repeal of Prior 

Ordinances. 

A. This Ordinance shall take effect upon adoption by the 

Tribal Council and approval by the Chairman of the National 

Indian Gaming Commission. 

B. All prior ordinances regulating gaming on the Fort 

Mojave Indian Reservation are repealed upon effectuation of this 

Ordinance. 

CERTIFICATION 

The foregoing Ordinance was on February 15, 1994 I 

duly adopted by a vote of 6 for, and 0 against, 

by the Fort Mojave Tribal Council pursuant to authority vested in 

it by the constitution and Bylaws of the Fort Mojave Indian Tribe 

as indicated in the body. 
CERTIFICATION 

I, Melba Guerrero , Secretary of the Fort Mojave 

Tribal Council, do hereby certify that the Fort Mojave Indian Tribe 

Gaming Ordinance (As Amended, 1994) attached hereto is a true and 

correct copy of the original of said Ordinance as approved and 

adopted by the Fort Mojave Tribal Council on February 15 , 1994, 

pursuant to Resolution No. 94-11 

of Secretary 

Fort Mojave Tribal Council 

[SEAL] 

February 15, 1994 

Date