PECHANGA BAND OF MISSION INDIANS

Ordinance No. 92.01

PECHANGA GAMING ACT OF 1992

The Temecula Band of Luiseno Mission Indians (sometimes referred to as the

Pechanga Ba/id of Mission Indians), a federally recognized Indian Tribe (Band) hereby

enacts the fOllowing Ordinance to amend the Pechanga Gaming Act of 1 992. The

amended Act, shall be known as the PECHANGA GAMING ACT OF 1992, as

Amended (Act). This Act and any regulations promulgated thereunder shall

constitute the entire gaming regulations for the Band.

Section 1. Findings and Policy

This amended Act is adopted by the General Membership, pursuant to its

authority granted by Article Ill of the Bands Constitution, for the purpose of

establishing the terms for gaming on the Reservation for tribal governmental and

charitable purposes, and to develop and operate such gaming consistent with the

findings herein and in conformity with the federal Indian Gaming Regulatory Act (25

U.S.C. § 2701 et seq (IGRA)) and regulations promulgated thereunder.

The Band finds that:

a. Gaming on its Reservation is a valuable means of generating revenues

that are needed for economic development, to promote tribal self-sufficiency,

economic development, employment, job training, and a strong tribal government, and

to fund and ensure essential social programs and services;

b. The Band desires to conduct certain forms of gaming to provide needed

revenues to the Band, and to regulate and control such gaming in a manner that will

protect the environment, the Reservation, the health, security and general welfare of

the Band, the players, and the community; and

c. The Band desires to own all gaming on tribal lands, and to manage and

regulate such gaming in a manner that will adequately address such special interests

and needs of the Band.

Section 2. Definitions

Unless specified otherwise, terms used herein shall have the same meaning as

in IGRA, including but not limited to references to Net Revenues, Class I, Class

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II, and Class III gaming, and except for references to Commissioners,

Commission, or Gaming Commission which shall mean the Pechanga Gaming

Commission or its Commissioners, established and described herein.

a. Closely Associated Independent Contractor shall mean any contractor

that shares common ownership, officers or directors with any management

principal or person related thereto.

b. Gaming shall mean an activity in which a person stakes or risks

something of value on the outcome of a contest of chance or a future

contingent event, not under his or her control or influence, upon an agreement

or understanding that the person, or someone else, will receive something of

value in the event of a certain outcome, but shall not include bona uide business

transactions.

c. Gaming Activities shall mean any Class I, Class II, or Class Ill gaming

activity conducted by or under the jurisdiction of the Band.

d. Gaming Commission shall mean the Pechanga Gaming Commission, as

established herein to monitor the Gaming Activities, investigate wrongdoing,

conduct background investigations, issue licenses, and perform other duties as

required for the regulation of Gaming on the Reservation.

e. Gaming Contractor shall mean any person or entity that supplies

gaming devices or other gaming equipment, personnel, or services (including

gaming management or consulting services) to any gaming activity or

enterprise.

1. Gaming Enterprise shall mean any gaming business, event, enterprise

or activity conducted by or under the jurisdiction of the Band.

g. General Membership shall mean the governing body of the Band, as set

forth in Article Ill of the Bands Constitution and Bylaws.

h. Key Employee shall mean a person who performs one or more of the

following functions: bingo caller, counting room supervisor, chief of security,

custodian of gaming supplies or cash, floor manager, pit boss, dealer, croupier,

approver of credit, or custodian of gaming devices including those persons with

access to cash and accounting records within such devices, If not otherwise

included, any other person whose total cash compensation is in excess of

$50,000 per year, and the four most highly compensated persons in the gaming

enterprise are included in the definition of key employees. At the discretion of

the Gaming Commission, other positions or persons may be included under and

subject to the requirements for key employees.

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National Indian Gaming Commission (NIGC) shall mean the

commission established under IGRA.

j. Person shall mean any natural person or entity, including but not limited

to corporations, partnerships and trusts.

k. Primary Management Official shall mean the person who has

manadement responsibility for a management contract; any person who has

authority to hire and fire employees or to set up working policy for the Gaming

Enterprise; or the chief financial officer or other person who has financial

management responsibility. At the discretion of the Gaming Commission, other

positions or persons may be included under and subject to the requirements for

primary management officials.

I. Related to shall refer to persons who are related as a father, mother,

sister or brother.

m. Reservation shall mean all lands under the jurisdiction and control of

the Band.

n. State shall mean the State of California.

o. Tribal Council shall mean the seven (7) member council establi~hed

under the Bands Constitution to make recommendations, investigate

options, and carry out the mandate of the General Membership.

p. Tribal Court shall mean any court established by the Band to hear

disputes or, if there is none, the General Membership.

q. Tribal Member shall mean any duly enrolled member of the Band.

Section 3. Ownership of Gaming

The Band shall have the sole proprietary interest in and responsibility for the

conduct of any gaming operation authorized by this Ordinance, except to the extent

the Band may contract with and license a person or entity to own, operate or manage

the enterprise pursuant to the provisions of IGRA and regulations promulgated

thereunder, or as otherwise permitted by law.

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~TE -

Section 4. Gaming Commission

a. Establishment of Gaming Commission There is established by the Band

hereby a Commission, acting under the authority of the Band, to be known as the

Pechanga Gaming Commission. The Gaming Commission shall be composed of five

(5) members of the Pechanga General Membership, all of whom shall be elected by the

General Merr1bership.

b. Disqualifications for Office The following persons may not serve as

Commissioners:

(1) Employees of any Gaming Enterprise on the Reservation;

(2) Persons related to any gaming contractor (including any

principal thereof or closely associated independent contractor).

(3) Persons who would not be eligible to be officers of the Band

pursuant to Article IV of the Bands Articles and Bylaws;

c. Terms of Office The Commissioners shall serve for two (2) year terms,

except that immediately after enactment of this Act two (2) of the Commissioners

shall serve for two (2) years, and three (3) of the Commissioners shall serve for three

(3) years. Commissioners may serve for more than one (1) term.

d. Removal from Office Commissioners may only be removed from office

before the expiration of their terms by the General Membership for neglect of duty,

malfeasance or other good cause shown. The procedure for removing a Commissioner

shall be the same as for removing an officer of the Band.

e. fluoriiin. Three (3) members of the Gaming Commission shall constitute

a quorum.

f. Officers and Duties The Gaming Commission shall select, by

majority vote, a Chairman, Vice-Chairman and Secretary. The Chairman shall preside

over meetings of the Gaming Commission and the Vice-Chairman shall preside in

absence of the Chairman. The Secretary shall record in writing the minutes of all

Gaming Commission meetings and all official actions taken by the Gaming

Commission.

g. Voting All actions of the Gaming Commission shall be taken by majority

vote. The Commission Chairman may vote on any issue.

h. Meetings Meetings shall be held at least once per month, on the second

Tuesday of the month at 7:00 p.m. at the Bands primary meeting facility. Additional

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meetings shall be held as called by the Chairman or by at least three (3) other

Commissioners. Notice of meetings shall be given in writing to each Commissioner,

served by first class mail or personal delivery at least five (5) business days prior to

such meeting.

i. Compensation for Serving: Fringe Benefits: Reimbursement of

Expenses Commissioners shall be compensated for serving on the Commission at

rates to be set by the General Membership after review and recommendation by the

Tribal Coundi. Such rates shall be identical for all Commissioners. Step increases may

be allowed based on length of service. Commissioners shall be eligible for fringe

benefits which are available to other employees of the Band to the extent the provider

of such benefits qualifies Gaming Commission positions for such benefits. Subject to

approval by the Bands Tribal Council and in accordance with procedures to be

adopted by that Council, Commissioners shall be reimbursed for expenses incurred in

connection with the performance of their Gaming Commission duties.

j. Powers and Duties

The Gaming Commission shall have the power and duty to:

(1) Inspect, examine and monitor Gaming Activities, including the

power to demand access to and inspect, examine, photocopy and audit all

papers, books and records respecting such Gaming Activities;

(2) Investigate any suspicion of wrongdoing in connection with any

gaming activity;

(3) Conduct, or cause to be conducted, such investigations as may be

necessary to determine in connection with any gaming activity, compliance with

law or this Act or any contracts, agreements, goods, services, events,

incidents, or other matters related to Gaming Activities;

(4) Conduct, or cause to be conducted, background investigations

regarding any person in any way connected with any Gaming Activities and

issue licenses to, at minimum, all Key Employees and Primary Management

Officials according to requirements at least as stringent as those in 25 C.F.R.

parts 556 and 558;

(5) Hold such hearings, sit and act at such times and places, summon

persons on the Reservation to attend and testify at such hearings, take such

testimony, and receive such evidence as the Gaming Commission deems

relevant in fulfilling its duties;

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(6) Administer oaths or affirmations to witnesses appearing before the

Gaming Commission;

(7) Implement and administer a system for investigating, licensing and

monitoring employees and others connected with Gaming Activities, as

described below, including the issuance of licenses to gaming facilities,

individuals and entities as required under this Act and IGRA;

(8) Hear disputes against the gaming establishment, in accordance

with the procedures established in this Act.

(9) Hire such staff and support services as deemed necessary subject

to a budget approved by the General Membership.

(10) To the extent required, comply with any reporting requirements

established under a tribal-state compact to which the Band is a party and other

applicable law, including the IGRA.

(11) Issue such regulations as it deems appropriate in order to

implement the provisions of this Act;

(12) Promulgate rules for each Class I, Class II or Class Ill game allowed

under this Act; such rules shall govern the conduct of such games; and

(1 3) Carry out such other duties with respect to Gaming Activities on

the Reservation as the General Membership shall direct.

k. Annual Reports On or before April 30th of each year, the Gaming

Commission shall provide to the Tribal Council an Annual Report summarizing its

activities during the prior twelve (12) month period ending on December 31st, and

accounting for all receipts and disbursements. The Tribal Council shall cause copies

of the Annual Report to be made available to the General Membership within thirty

(30) days after receipt.

Section 5. Permitted Gaming Activities

a. Unauthorized Gaming Prohibited All Gaming Activities on the Reservation

(whether Class I, II or Ill) are prohibited except as expressly authorized under this Act.

(1) class I Gaming Class I Gaming Activities are hereby permitted to the

extent consistent with triba custom and practice. The Gaming Commission may

prohibit and prevent any conduct which is claimed to be Class I gaming pursuant to

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a finding that such conduct is not in accordance with tribal customs or practices or

violates IGRA or any other law.

(2) Class II and Class Ill Gaming Class II and Class Ill gaming on the

Reservation is hereby authorized, provided the Band has the sole proprietary interest

in and responsibility for the conduct of any gaming enterprise, or to the extent the

Band may contract with and licensed a person or entity to own, operate or manage

the enterprise pursuant to the provisions of IGRA or as otherwise permitted by law.

Nothing herein shall prohibit the Band from engaging the services of non-tribal persons

as employees thereof or engaging any person or entity to assist the Band in the

management of a gaming activity pursuant to a management agreement entered into

under the provisions of IGRA. Class Ill gaming shall be conducted in accordance with

any tribal-state compact between the Band and the State, or any alternative thereto

as provided by IGRA.

Section 6. Gaming Revenues

a. Tribal Property Except as provided for under the terms of an agreement

pursuant to the provisions of IGRA or as otherwise permitted by law, all revenues

generated from any Class II or Class Ill gaming activity are the property of the Band.

Any profits or net revenues from Gaming Activities shall be deposited into the Bands

general treasury. Once becoming part of the treasury such funds shall lose any

identity as gaming revenues except to the extent necessary to identify them as such

in order to comply with applicable law. No Tribal Member shall be deemed tohave

any interest in such profits or net revenues, provided that the General Membership

may adopt rules for distributing gaming proceeds to Tribal Members on a per capita

basis provided such plan meets the requirements of IGRA, 25 U.S.C. § 2710 (b) (3).

Payments from the general treasury funds to Tribal Members under other tribal

programs, including those related to health, welfare, education, elderly care, and

housing, shall not be deemed to be per capita payments.

b. Use of Net Revenues Net Revenues from Gaming Activities shall not be

used for purposes other than:

(1) To fund tribal government operations or programs;

(2) To provide for the general welfare of the Band and its members;

(3) To promote economic development for the Band;

(4) To donate to charitable organizations; or

(5) To help fund operations of local government agencies.

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Section 7. Operation of Gaming Establishments

a. Gaming Permitted as Licensed Except to the extent authorized by an

agreement pursuant to the provisions of IGRA or as otherwise permitted by law,

Gaming Activities shall only be conducted in tribally owned, operated and licensed

facilities pursuant to the provisions of this Act. Such activities shall be conducted in

accordance vyith the terms and conditions of any license issued by the Band for such

purposes as ~o each facility before any Gaming Activities may occur therein. Such

licenses shall specify the hours of operation, type and scope of Gaming Activities

allowed therein, permitted uses of the facility for other activities, rules of conduct for

employees and patrons, regulation of alcoholic beverages, food handling and

entertainment, and such other matters as the Gaming Commission or the General

Membership may deem necessary to the conduct of Gaming Activities therein.

b. Protection of Environment and Public Any construction or maintenance

of any gaming facility, and the operation of gaming therein, shall be conducted in a

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

c. Dispute Resolution Patrons who have complaints against the gaming

establishment shall have as their sole remedy the right to file a petition for relief with

the Gaming Commission. For such purposes, disputes with any management

contractor or its employees shall be made to the Gaming Commission, and such shall

be the exclusive remedy for patron complaints. Complaints shall be submitted in

writing and, at the discretion of the Gaming Commission, the petitioner may be

allowed to present evidence. The Gaming Commission will render a decision in a

timely fashion and all such decisions will be final when issued. Any patron having a

claim against the gaming establishment or a management contractor or its employees

must submit such claim to the Gaming Commission within thirty (30) days of its

occurrence. All claims by patrons shall be limited to a maximum recovery of $10,000

per occurrence, and a cumulative limit of $20,000 per patron in any twelve (12)

month period.

Section 8. Audits.

Annual Audits Annual outside auditing by a recognized independent accounting

firm shall be conducted of each gaming activity and the results thereof reported to the

General Membership and, to the extent required by law, the Bureau of Indian Affairs

and the National Indian Gaming Commission (NIGC).

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Section 9. Contracts

a. Bidding Contracts relating to gaming or any gaming facility over $25,000

or for more than five (5) years shall be subjected to a formal, sealed bidding process

prior to submission to the Management Committee established under the Bands

Gaming Enterprise Documents or, in the event such Management Committee does not

exist or cannot fulfill such function, then to the General Membership for approval. All

reasonable attempts shall be made to obtain and consider at least three (3) responsible

bids; provided, the Gaming Commission may waive the requirement for three bids

upon good cause shown.

b. Audit Requirements All contracts for supplies, services, or concessions for

a contract amount in excess of $25,000 annually (except contracts for professional

legal or accounting services) relating to Class II or Class Ill gaming on the Reservation

shall be subject to independent audits, and such contracts shall so specify.

Section 1 0. ~

a. Licensing_aequireinents. It is the declared policy of the Band that all

Gaming Activities be licensed and controlled so as to protect the morals, good order

and welfare of Tribal Members and other persons on the Reservation and to preserve

the honesty, fairness and integrity of such Gaming Activities. Accordingly, no person

shall engage in any Class II or Class III Gaming Activities on the Reservation without

an appropriate and valid independent Class II or Class Ill license issued by the Gaming

Commission. Any gaming license which is issued, or finding of suitability or approval

by the Gaming Commission, shall be deemed a privilege subject to suspension or

revocation. No license shall be issued that would place the Band in violation of any

tribal-state compact to which the Band is a party, or of any applicable law.

b. Burden on Applicant The burden of proving an applicants qualification

to receive any license hereunder is at all times on the applicant. Applicants must

accept any risk of adverse public notice, embarrassment or other action which may

result from the application process and expressly waive any claim for damages as a

result thereof.

c. Applicant Claim of Privilege An applicant may claim any privilege

afforded by law in connection with a gaming license application or investigation, but

a claim of privilege with respect to any testimony or evidence pertaining thereto may

constitute sufficient grounds for denial, suspension or revocation.

d. Release of Information All persons applying for a license shall agree

to release all information necessary in order for the Gaming Commission to achieve its

02\Pechanga\gam.ord\13 9
goals under this Section, and to furnish such information to the Bureau of Indian

Affairs, the NIGC, or such other governmental agency as may be required by law.

e. Types of Licenses Three classes of licenses (Class A, Class B, and Class

C) shall be issued to persons associated with Gaming Activities. The Gaming

Commission may also require and issue, in its sole discretion, a Class D license to any

person or en~ity associated with other tribal businesses that are not part of the gaming

facility or oporated in conjunction therewith.

(1) Class A Licenses Before permitting any person to become

permanently associated with the Gaming Activities as an investor or other person

owning or controlling 1 0% or more of any interest in any management entity, or any

Primary Management Official, Key Employee, Closely Associated Independent

Contractor, or other individual or entity with influence over the management or

operation of the gaming, or a Class II or Ill gaming employee, supplier, manufacturer

or distributor, such person shall obtain a Class A license. The Gaming Commission

shall conduct or cause to be conducted a background investigation to determine if

such person has:

(a) Any criminal record or any reputation, prior

activities, habits or associations which might pose a threat

to the public interest or to the effective regulation of

gaming.

(b) Anything else in their background which might

create or enhance the dangers of unsuitable, unfair, or

illegal practices and methods and activities in the conduct

of gaming.

Persons who do not meet the above qualifications shall be denied a Class A license.

(2) Class B Licenses Persons who are not among those identified in

subsection (1) above, but are to be employed at a gaming facility on the Reservation

in some other capacity, such as in non-gaming related activities, shall be required to

obtain a Class B license from the Gaming Commission. Such persons must establish

that they have not been convicted of a crime, or engaged in any activity, which the

Gaming Commission in its sole discretion deems would render such person a danger

to the safety or integrity of the Gaming Activities or the safety or property of the

Band, any tribal member, any gaming employee or patron, or the public.

(3) Class C Licenses Minors (persons under 1 8 years of age)

employed at a gaming facility on the Reservation may be issued a Class C license,

which will entitle them to work in any position for which a Class B license is required

for adults and not otherwise prohibited by law, provided such minors are not deemed

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by the Gaming Commission to pose any threat to the safety or integrity of the Gaming

Activities or the safety or property of the Band, any Tribal Member, any gaming

employee or patron, or the public. The Class C license shall be valid for no more than

six (6) months before renewal, and shall be revoked upon the minors reaching the age

of 1 8, at which time a Class A or B license, as may be appropriate, will be required.

Minors shall not be employed as dealers or otherwise to operate or supervise the

operations of games, or to serve liquor.

(4) .

Cl~s~s D Licens~. Persons who are employed by, associated with,

or provide goods or services to other business enterprises of the Band may be required

to make application for and obtain a Class D license in order to do business with or to

be employed by such business enterprises. The Gaming Commission will issue

requirements and procedures for obtaining a Class D license, including requirements

for payment of any license fees applicable to the Class D license, as such business

enterprises are developed on the Reservation.

f. License Renewal Class A and Class B licenses shall be subject to

renewal at least annually, and may be revoked or suspended upon the occurrence of

any act which, if known during the application process, would have tended to

disqualify such person for such a license.

g. Temporary Licenses Pending completion of an investigation for a license,

temporary licenses of no more than ninety (90) days duration may be issued by the

Gaming Commission if in its sole discretion it deems it appropriate to do so. Such

licenses shall permit the licensee to engage in such activities and pursuant to such

terms and conditions as may be specified by the Gaming Commission. Such

temporary licenses shall expire ninety (90) days from date of issuance, upon issuance

of a regular license, or until an earlier specified expiration date, whichever occurs first.

h. License Investigations The Gaming Commission may employ all

reasonable means, including the engagement of outside services and investigators and

the holding of hearings, to acquire the information necessary to determine whether or

not a license should be issued. Applicants shall also agree to release all information

necessary in order for the Gaming Commission to achieve its goals under this section

and to furnish such information to the Bureau of Indian Affairs, the NIGC, or such

other agency as may be required by law.

i. Li~~fe~. Unless specifically waived by the Gaming Commission, all

license applicants shall be required to pay all applicable license fees and costs when

due, including a reasonable deposit for costs incurred in obtaining information in

connection with the license application. Applicants who are Tribal Members will not

be charged a license fee or costs. Estimates of licensing costs shall be provided to

applicants upon reasonable request. Payment for all fees and costs must be received

by the Gaming Commission prior to issuance of the license.

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j. Standards All persons engaged by or associated with any Gaming

Activities on the Reservation shall conduct themselves with honesty, integrity, and

with such decorum and manners as may be necessary to reflect positively on the

Band, its members and the Gaming Activities involved. Any failure to abide by such

standards, or any violation of any rule, ordinance, custom or tradition of the Band, the

Reservation or the Gaming Activities, or the terms or conditions of the license, may

be grounds fpr immediate suspension or revocation of any license issued hereunder.

k. Appeals All decisions of the Gaming Commission regarding the issuance

of licenses shall be final and effective when issued; provided, within fifteen (1 5) days

of the receipt of the written decision regarding denial of the license, the applicant may

file a petition for reconsideration with the Gaming Commission. Any Tribal Member

who is denied a license by the Gaming Commission may, within thirty (30) days of

written notice of such denial, appeal the denial to the General Membership, which shall

have the power to reverse the decision of the Gaming Commission and order that such

license be issued, provided further that no such license shaU be issued for more than

one year, subject to the renewal procedures set forth herein, and provided further that

no order of the General Membership that a license be issued shall be valid if such

issuance would place the Band in violation of any tribal-state compact to which the

Band is a party, or of any applicable law.

I. Background Investigations

(1) The Gaming Commission shall request from each Primary Management

Official and each Key Employee all of the information specified in subsections (a)

through (n) below. Further, each other applicant for a Class A license, except as

provided otherwise by the Gaming Commission, shall also submit the information

specified in (a) through (n) below. The Gaming Commission reserves the right, at any

time, to request additional information either prior to, during, or subsequent to any

background investigation.

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

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

written);

(b) Currently and for at least the previous five (5) years:

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

business and residence addresses and drivers license number(s);

(c) Names and current addresses of at least three (3) personal

references, including one personal reference who was acquainted with the applicant

during each period of residence as listed under subsection (b) above;

(d} Current business and residence telephone numbers;

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(e) Description of any existing and previous business

relationships with the gaming industry generally, including ownership interests in those

businesses;

(f) A description of any existing and previous business

relationships with Indian tribes, including ownership interests in those businesses;

(g) Name and address of any licensing or regulatory agency with

which the person has ever 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 on-going prosecution

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

and disposition, if any, of the case;

(i) For each misdemeanor conviction or on-going misdemeanor

prosecution (excluding minor traffic violations) within ten (1 0) years of the date of the

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

if any, of the case;

(j) For each criminal charge (excluding minor traffic charges),

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

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

subsections (h) or (i) above: the criminal charge, the name and address of the court

involved and the date and disposition, if any, of the case;

(k) Name and address of any licensing or regulatory agency

(Federal, Tribal, State, local or foreign) with which the person has filed an application

for an occupational license or permit, whether or not such license or permit was

granted;

(I) Current photographs;

(m) Any other information the Band or Gaming Commission

deems relevant; and

(n) Fingerprints consistent with procedures adopted by the

Gaming Commission according to 25 C.F.R. § 522.2(h).

(2) The Band shall conduct or cause to be conducted an investigation,

through the Gaming Commission, sufficient to make a determination of eligibility as

required under this Act. In conducting the background investigation, the Gaming

Commission and its agents shall promise to keep confidential the identity of each

person interviewed in the course of the investigation.

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m. Eligibility Determination The Gaming Commission shall review a persons

prior activities, criminal record, if any, and reputation, habits and associations to make

a finding concerning the eligibility of a Key Employee or Primary Management Official

for employment in a gaming operation. If the Gaming Commission determines that

employment of the person poses a threat to the public interest or to the effective

regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or illegal

practices and?methods and activities in the conduct of gaming, the Gaming Enterprise

shall not emjloy that person in a Key Employee or Primary Management Official

position or in any other position for which a Class A license is required, except as

specifically established by the Gaming Commission.

n. Forwarding Licensing Applications and Reports to NIGC

(1) On or before the date a Key Employee or Primary Management

Official is employed by a Gaming Enterprise authorized under this Act, the Gaming

Commission, acting on behalf of the Band, shall forward to the NIGC the persons

completed application for employment containing the information required above under

section 10.1. of this Act.

(2) Prior to issuing a license to a Primary Management Official or Key

Employee, the Gaming Commission, acting on behalf of the Band, shall forward to the

NIGC, together with a copy of the eligibility determination made under subsection

1 0.m. above, an investigative report on each background investigation. The

investigative report on each background investigation shall be forwarded to the NIGC

within sixty (60) days after the employee begins work, or within sixty (60) days of the

approval of this Act by the NIGC. The Gaming Enterprise shall not employ or continue

to employ any person as a Key Employee or Primary Management Official who does

not have a license within ninety (90) days of beginning work.

The investigative report shall include the following information:

(a) Steps taken in conducting a background investigation;

(b) Results obtained;

(c) Conclusions reached; and

(d) The bases for those conclusions.

(3) The Gaming Commission, acting on behalf of the Band, shall

provide to the NIGC or other agency, any other reports and information required by

IGRA and regulations promulgated thereunder. Further, with respect to Key

Employees and Primary Management Officials, the Gaming Commission shall retain

applications for employment and reports (if any) of background investigations for

02\Pechanga\gam ord\i 3 14
inspection by the NIGC for no less than three (3) years from the date of termination

of employment.

(4) If a license is not issued to an applicant, the Gaming Commission

shall notify the NIGC and may forward copies of its eligibility determination and

investigative report (if any) to the NIGC for inclusion in the Indian Gaming Individuals

Records System.

o. Granting a Gaming License

(1) If, within a thirty (30) day period after the NIGC receives a report

as required under subsection 10.n. above, the NIGC notifies the Band that it has no

objection to the issuance of a license pursuant to the license application filed for a Key

Employee or Primary Management Official for whom the Gaming Commission has

provided an application and investigative report, the Gaming Commission may issue

the license.

(2) The Gaming Commission shall provide any additional information

requested by the NIGC concerning a Key Employee or Primary Management Official

who is the subject of a report as required under this subsection. An NIGC request for

additional information shall suspend the thirty (30) day period established under this

subsection until the NIGC receives the additional information.

(3) If, within the thirty (30) day period established under this

subsection, the NIGC provides a statement itemizing objections to issuance of a

license to a Key Employee or Primary Management Official, the Gaming Commission

shall reconsider the application, taking into account such objections. The Gaming

Commission retains the right to make the final determination whether to issue the

license to such applicant.

p. License Suspension

(1) If, after issuance of a gaming license, the Band receives reliable

information from the NIGC or other reliable source indicating that a Key Employee or

a Primary Management Official is not eligible for employment under the eligibility

criteria established in section 1 0. above, the Gaming Commission shall suspend the

license and shall notify the licensee in writing of the license suspension and proposed

revocation.

(2) The Gaming Commission shall notify the licensee of a time and

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

(3) After the revocation hearing, the Gaming Commission shall

determine whether to revoke or to reinstate the gaming license. For actions taken in

02\Pechanga\gaxn.ord\13 15
response to information provided by the NIGC, the Gaming Commission shall notify

the NIGC of its decision.

q. Facilities Licenses Before Gaming Activities can be conducted therein,

the Gaming Commission shafl inspect and license each such facility in accordance with

this Act and any requirements of IGRA. Facilities in which Gaming Activities were

taking place on the date this Act was adopted shall be deemed to have qualified for

and be operating under such a license upon adoption of this Act.

Section 11. Appiication Forms

a. Each application form for a Key Employee or a Primary Management

Official, as well as for all other Class A license applicants, unless otherwise

specifically exempted by the Gaming Commission, shall contain the notices set forth

in subsections (1) and (2) below:

(1) Privacy Act Notice

In compliance wit/i the Privacy Act of 1974, the following

in formation is provided: Solicitation of the in formation on (his form is authorized by

25 U.S.C. §270 1 eL ~ieq. The purpose of the requested information is to determine

the eligibility of individuals to be employed in a gaming operation. The in formation yiiill

be used by National Indian Gaming Commission members and staff who have need for

the in formation in the performance of their official duties. The in formation may be

disclosed to appropriate Federal, Tribal, State, local, or foreign law enforcement and

regulator, agencies when relevant to civil, criminal or regulatory investigations or

prosecutions or when pursuant ~o 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 invest/ga ions 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.

(2) Notice Regarding 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, § 1001)

02\Pechanga\gain.ord\13 16
b. Any existing Key Employee or Primary Management Official, or any other

Class A licensee unless otherwise specifically exempted by the Gaming Commission,

that has not completed an application form containing the language set forth in

Section 11 .a.(1) and (2) above, shall be notified that they must either:

(1) Complete a new application form that contains the Privacy Act

Notice and the 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 sign a statement that contains the

Notice Regarding False Statements.

Section 12. Class Ill Gaming; Tribal-State Compacts

In addition to the provisions set forth above, no Class Ill gaming shall be

engaged in on the Reservation unless a tribal-state compact has first been obtained

in accordance with the IGRA. All negotiations for such compacts shall be conducted

through the Chairperson of the Band, with the advice and suggestion of the Gaming

Commission, and shall be finalized only upon the majority vote of the General

Membership after consideration of the terms of such compact. In the event the Band

approves a tribal-state compact, the provisions of such compact, once approved under

IGRA, shall govern over the provisions herein, to the extent the compact is

inconsistent herewith.

Section 1 3. Interest in Management Contracts by Tribal Officials

No elected official of the Band, including the Gaming Commission or any other

committee or agency of the Band, shall have a financial interest in or management

responsibility for, any management agreement entered into pursuant to IGRA, nor shall

such elected official serve on the board of directors or hold (directly or indirectly) ten

percent (1 0%) or more of the issued and outstanding stock of any corporation, or

1 0% or more of the beneficial interest in any partnership, trust, or other entity, in any

such corporation, partnership, trust or other entity, having a financial interest in, or

management responsibility for, such contract.

Section 14. Service of Process

The Band designates as its agent for the service of any official determination,

order, or notice of violation, the President of the Pechanga Development Corporation

(PDC) or, in the event the PDC has not been formed or is no longer in existence, then

the agent for such service shall be the Chair of the Gaming Commission.

O2\Pechanga\g~ ord\1 3 17
Section 1 5. Tribal Gaming Corporation

Nothing in this Act shall prevent the Band, through its General Membership,

from delegating the authority to conduct Gaming to one or more tribal corporations,

so long as the tribal gaming enterprises to which such authority is delegated agree to

meet all criteria and requirements established under this Act.

Section 1 6. Repeal of Prior Gaming Ordinances: Effective Date

This Act shall constitute the entire gaming regulations of the Band. All prior

gaming ordinances of the Band are repealed, and this Act shall become effective upon

its adoption by the General Membership.

02\Pedianga\gam.ord\13 18
CERTIFICATION

We, the duly elected Tribal Council, do hereby certify that the foregoing

ordinance

~

was adopted at a duly called General Meeting held on

/3 , 1994, by a vote of ~/7 , for, ~ , against and

/ a~tentions, and such resolution has not been rescinded or amended in

any v~ay.

Jenni iranda, Spokeswoman

Patricia Maldonado, Council

__________

~t44~i~ 7~2z~dJc~

Frances Miranda, Council

________

L4~

Doris Whited, Council

ncil

(u~ij)e Linker,~C~unciI

~i1I Todd, ouncil

02\Pechanga\gam .ord\i 3 19