Via Facsimile and U.S. Mail 

Paul T,, Martinez, Governor 

Taos PuebEo 

P.O. Box 1846 

Taos, New Mexico 87571 

Fax: (505)758-4604 

RE: Taos Pueblo Second Amended and Restated Gaming Ordinance 

Dear Governor Martinez: 

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

(NIGC) to review and approve the Taos Pueblo Second Amended and Restated Gaming 

Ordinance (Ordinance). The Ordinance was adopted by the Tribal Council by Resolution 

TPTC-2008-14 on October 29, 2008, and submitted to the NIGC on November 3, 2008. 

This letter constitutes approval of the Ordinance under the Indian Gaming Regulatory 

Act (1C;RA). It is important to note, however, that approval is granted for gaming only on 

Indian lands, as defined in the IGRA, over which the Pueblo has jurisdiction. 

Thank you for submitting the Ordinance for my review and approval. The NIGC staff 

and I look forward to working with you and the Pueblo on Tuture gaming issues. If you have 

any questions or require assistance, please do not hesitate to contact Frances Frag-ua, Legal 

Staff A,ssistant, or Esther Dittler, Staff Attorney, at 202-632-7003. 

Sincert:ly yours, 

- - ,-' .- 

Philip N. Hogen 

Chairman 

HATlONAL HEADQUARTERS 1441 L St Nw. 5?llle 91m. Wash~mon. DC 20005 Te! 202.632 7003 Fax 702 637 7066 W.NIGC.GOV 

REGroNnC OFnCES Pnr!land. OR Sacramerto, CA. Phoen~x, AZ, 5: Paul, MN, Tul~a. OK 
\ Taos Pueblo Gaming Commission 

October 30, 2008 

Chimm Phil Hop 

Nntiond Indian Gaming Commission 

1441 L Street NW 

Suite 9100 

Waslli~,#cm, D. C. 20005 

P. 0. Box 21 59 

El Rado, New Mexr'm 87529 

Phone - (575) 737-97 76 

FOX - (55.5) 737-9204 

,, &mi! - i+XJ<- f*tP:lp7Ti~>: Wl?? 

J/ - . . 

RE> 'I'aos Pueblo Second Amended & Res~aed Gaming Orrlinance 

Dear Sir: 

?TIC Taos PucMo C;aming Commission hereby respectl'ully submits our Taos Pueblo Second 

An~cnrlcd and Rcstated Gaming Ordinance to your ofLcc for review and approval. 

To summarize the mended portions, we bnsicdly updated this important document to mect the 

2007 Ciming Compact between the Stat0 of Ncw Mexico and Taos Pueblo and to include d~e new 

National Indian Gaming Commission rerluirementq. Please see attached break down. 

Should, you have any questions, please contact me at (575) 737-9776. We thank you in advance for 

taking the time to rcvicw this document. 

F~ccutivc Director 

XC: Taos R~rbIn Govrm~or's Ofire 

Tachs kxuc'ulu tCri(fdl;cf s OILtr 

Kell Rillittp!q-, NTGC Regot; III Uirertor 

Cornmissiot~em 

Files 
Governor 

P. 0. Box f 8.4.6 

Taos, NM 83571 

Ph. 5051758-9503 

Fa: 505 / 758460k 

War Chief 

P.0. Box 2596 

Tsos, t.IM 87577 

Ph. 5051758-3883 

Fax: 5051758-e706 

AJ)OPTEON OF SECOND MEIt?)ELE 6: RESTATED TAOS PUEBLO GAMING QRDINAPICF, 

TPTC-zoos - 14 

PI?HEREA$ Taos Pueblo, formally recognized as the Pueblo of Taos, New Mexico 

(hereafter "Fueblo"), is a fcderdly reco@zed Indian b5be whose 

traditional law and inherent sovereignty emposvers its Tribal Council 

rTribal Council") to enact ordinances; and 

'Irr'HEREAS, on dune 08,1994, the Pueblo adopted the Taos Pueblo CIass I1 and Class 

111 Gaming Ordinance, which was approved by the National Indian 

Gaming Commission ("'NIGC') on Jdy 14,1994; and 

WHEREAS, on May 26, 1995, the Pueblo amended and consolidated its existing 

gaming ordinance into art ordinance known at the Taos Pueblo Amended 

Gaming Ordinance (T~aming Ordinance"), that csmpIied with applicabIe 

federal law and which was approved by the NIGC on July 10,1995; and 

WHEREAS, the Pueblo's Gaming Ordinance, as mended, new requires further 

amendment and restatement to clarify and ensure that it fully complies 

with applicable federal law and the Tribal-State Compact Between the 

Pueblo of Taos md the State of New Mexico, executed on April 24,2007 

Secretary of the Interior effective July 05,2007; 

NOW THEREFORE BE IT RESOLVED TEAT the Tribal Council hereby further 

amends and restates the Garning Ordinance and enacts in its entirety the attached Second 

Pmended and Restated Garning Ordinance to govern, regulate, and control ~aming 

activities on the Pueblo of Taos Indian Resenration; and 

BE IT FURTFIER RESOLVED TITAT the Tribal Council hereby directs .that on 

beM of the Pueblo, the Taos Pueblo Gaming Cornmision shall submit or cause to be 

submitted within fifteen (I 5) days after adoption, this Resolution, dong with tbe Seco~d 

lmended and Restated Gaming Ordinance, incorporating the amendments adopted 

herein, to the NTGC for approval as required by IGRA, 25 U.S.C. $52710 {b)(I)(B) and 

2 7 I 0 (d](2)(A)(iii>? and the federal regulations promulgated thereunder; and 

T3E IT FINALLY RESOL'6rED THAT, pursuant to Section 4@) of the Compact, the 

Taos Pueblo Garning Commission is dirccted to submit or cause to be submitted within 
hirty (? 0) days after its enactment (or approval) the atached Secocd Anlended and 

Restated Gaming Ordinance to the State Gaming Representarive. 

The forgoing resolution was adopted by the Tam Pueblo Tribal Council at a duly 

dl zd meeting nn he 27 rii dayof ~LTCEGE ,2008,st\~~tiichih1ea 

s~uorum was preserlc by a yore of 7,0 k or 52: oppcsed, and 

, 5 abstaining. 

Carl N. Conch, ~acl'que David Gornez, Sr., Sr. Comcilmm 

Franlr Marcus Sr., Tribal Council Secretary 

m*dA - / 

Michael A. Martinez, ~ar&ef Secretary 
TAOS PUEBLO 

SECOND AMENDED AND RESTATED 

GAMING ORDINANCE 

Taos Pueblo Class JJ and Class I11 Gaming Ordinance, 

Adopted June 8, 1994, and Approved by NIGC July 14, 1994 

Tao s Pueblo Amended Gaming Ordinance, 

Adopted May 26,1995, and Approved by NIGC July E 0, 1995 

Taos Pueblo Second Amended and Restated Gaming Ordinance, 

Adopted ,2008, and Approved by NTGC , 2008 


Section 12 . A . 

B . 

C . 

D . 

E . 

F . 

G . 

H . 

Section 13 . 

Section 14 . 

A . 

B . 

C . 

D . 

Section 15 . 

A . 

4 . Rules of Play .............................................. 36 

5 . Players Entitled to Verification ................................ 36 

6 . Players Required to be Present ................................. 37 

7 . Additional Rules .......................................... -37 

Provisions Applicable to Class IU Gaming Activities ..................... 37 

1 . Class 111 Gaming to be Conducted in Accordance with Compact ...... 37 

2 . Vendor Licensing ........................................... 40 

Employees; Prohibition Against Employees Engagng in Gaming .......... -41 

Qualifications for Employment ..................................... -41 

Dr~-Fnrnnno in Ern-In.- -t A1 I L'ULULUIIUCI LlI LllllplVylllbAlL .*........................................ -71 

Persome1 Policies and Benefits ...................................... 41 

Hiring and Training of Employees .................................... 42 

Expenses of Training Employees .................................... -42 

Suspension and Revocation of License ................................. 42 

Grounds for Suspension and Revocation ............................... 42 

Notice; Immediate Suspension ....................................... 43 

Contents of Complaint; Service ..................................... -43 

Answer; Written Orders .......................................... -43 

Hearing; Written Decision .......................................... 44 

Surrender of license ............................................. -44 

Additional Sanctions .............................................. -44 

Appeal to Tribal Court ............................................. 44 

Prohrbited Acts ................................................... 45 

Violations; Jurisdiction; Enforcement of Subpoenas ...................... 46 

Criminal Penalties ................................................. 46 

Civil Sanctions .................................................. -47 

Tribal Court Jurisdiction and Civil Remedies ........................... 47

Enforcement of Tribal Coust and Commission Orders ..................... 48 

Protection of Visitors-Visitor Claims ................................. -49 

Resolving Visitor Claims of Liability for Bodily Injury or 

PropertyDamage .................................................. 49 

Liability Insurance and Limited Waiver of Sovereign 'Immunity; 

Increases in Liability Insurance Coverage Limits ........................ 50 

ChoiceofLaw ................................................... 50 

Public Health and Safety ........................................... 50 

Inspections by State Gaming Representative ............................ 51 
Secf ion 1 8 . MisceIlaneous ................................................... -51 

A . Severability ..................................................... 51 

B . Gender ........................................................ -51 

Section 19 . Sovereign Immunity ............................................... 52 

Section 20 . Amendments ................................................... "52 

Section 21 . Effective Date .................................................. -52 
TAOS PUEBLO 

SECOND AMENDED AND RESTATED GAMING ORDINANCE 

Section 1. Name. The title of this Gaming Ordinance is the Taos Pueblo Second Amended and 

Restated Gaming Ordinance. 

Section 2. Definitions. Unless the context otherwise requites, the foIIowing words shall have 

the following meanings: 

A 

n. 4: -- -- -mi ----- -- I" a li~t-ar~s the ua~lt: UI LILMLLC ~t)~~moniy 'mown as &bingo" (whether 

or not electronic, computer, or other technologic aids are used in connection therewith) which is 

played for prizes, including monetary prizes, with cuds 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 eIectronically determined, and in which the game is won by the first 

person covering a previously designated arrangement of numbers or designations on such cards, 

including (if played in the sme location) pulI-bbs, lotto, punch boards, tip jars, instant bingo, and 

other gmes similar to bingo; 

B. "Chief Financial Officer" means that person designated as the chieffinancial officer 

of the Pueblo; 

C. "Class XI Gaming" rneans those gmes described in 25 U.S.C. 8 2703(7)(A) and 25 

C.F.R. 4 502.3, including but not limited to Bingo Gmm; 

D. "Class IT1 Gaming" means all forms of gaming as defined in 25 U.S.C. $ 2703(8$ 

and 25 C.F.R. $ 502.4; 

E. "Commission" means the Taos Pueblo Gaming Commission estabIished by this 

Gaming Ordinance, which also is the agency of the Pueblo to be identified to the State Gaming 

Rep]-esentative as the Tribal Gaming Regulatory Agency responsible for the regulatory actions of the 

Pueblo under the Compact; 

F. "Compacf' means the Tribal-State Compact Between the Pueblo of Taos and the 

State of New Mexico, executed on April 24, 2007 and approved by the Secretary of the Interior 

effective July 5,2007, as it now exists or may hereafter be amended, and also means any subsequent 
Class IIi Gaming compact that hereafter may be executed between the Puehla and the State of New 

Mexico and approved under XGRA; 

G. "Facility License" means a license duly issued by the Commission for each place, 

facility, or location where Class R or Class I11 Gaming is allowed on the Reservation; 

H. "Games of Chance" includes Class 11 and Class I11 Gaming, but does not include 

social games played solely for prizes of minimal value nr traditional forms ofhdim gaming engaged 

in by individuals as a part of, or in connection with, tribal ceremonies or celebrations; 

I. "Gaming Employee" means any natural person employed by a Gaming Enterprise 

or hfanagement Contractor, who is connected directly with the conduct of Class TI or Clws =f 

Gaming, or handling the proceeds thereof or handling any Gaming Machine;provided that "Gaming 

Employee" does include: 

1. Bartenders, cocktail servers, or other persons engaged solely in preparing or 

serving food or beverages; 

2. Secretarid or janiisd personnel; 

3. Stage, sound, and light techcians; and 

4. Other non-gaming personnel; 

J. "Gaming Enterprise" means Taos Mountain Casino or such other business entity 

established, owned, and operated by the Pueblo, acting thr~ugh the Tribal Council, to conduct and 

operate Games of Chance on the Reservation; 

K. "Gaming FaciIity'hmeans the place, building, structure, or location on the 

Reservation where Class It maor Class III Gaming is conducted under this Gaming Ordinance; 

provided that, pursuant to the Compact, a Class 3[JJ Gaming FaciZitymems dl buildings or st~;cP~res 

in which Class III Gaming is conducted on the Reservation; provided further, that pursuant to the 

Compact, in no event may a Class 111 Gaming Facility consist of more than two (2) sepxate physical 

bui1,dings or structures on the Reservation; 

L. "Gaming Machine" means a mechanical, electromechanical, or electronic 

contrivance or machine that, upon insertion of a coin, token, or similar object, or upon payment of 

any consideration in any manner, is available to play or operate a Game of Chance in which the 

outcome depends to a material degree on an element of chance, notwithstanding that some skill may 
be a factor, whether the payoff is made automatically from the Gaming Machine or in any other 

manner; but Gaming Machine does not include a Table Game or any device used in Table Games; 

protlided, however, that, as technology changes in the area of gaming, new Gaming Machines may 

be cliarackrized for purposes of revenue sharing and accommodated in accordance with the general 

distinctions between Gaming Machines and Table Games set forth in Section 1 of the Appendix to 

the Compact; 

M. "Gaming Ordinance" means this Taos Pueblo Second Amended and Restated 

Gaming Ordinance, as it now exists or may hereafter be amended from time to time; 

N. "Gaming Services" means any goods or services, except Iegal and accour?tinm b 

services, provided or sold to the Pueblo or the Gaming Enterprise in connection with the operation 

of Class II or Class III Gaming in any Gaming Facility, including but not limited to equipment, 

transportation, food, linens, janitorial supplies, maintenance, or security services, in an amount: in 

excess of S 10,000 in any one month or having a value of S25,000 or more annuaIly provided that no 

contract may be broken up into parts for the purpose of avoiding this definition ar any requirement 

of licensing, certification, or audit hereunder; 

0. "Governor" means the Governor of the Pueblo; 

P. "Gross receipts" means receipts from the sale of shares, tickets, or rights in any 

manner connected with participation or the right to participate in any Game of Chance, including but 

not limited to, any admission fee or charge, the sale of merchandise, refreshments, souvenirs, 

services, equipment, or supplies, interest earned on deposits, and all other miscellaneous receipts; 

Q. "'IGRA" means the Indian Gaming Regulatory Act, Pub. L. No. 100-447,25 U.S.C. 

5 5 2701 -272 1, as it now exists or hereafter may be amended, including for purposes of tkis Gzming 

Ordinance any regulations promulgated thereunder; 

R. "Joint: Powers Agreement" means an agreement concerning Games of Chance on 

the Reservation entered into under the Joint Powers Agreement Act, $6 1 1-1- I through 1 1-1-7 

NMSA 1978 (2001). 

S. "Key Employee" means: 

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

a. Bingo caller; 
b. Counting room supervisor; 

c. Chief of security; 

d. Custodian of gaming supplies or cash; 

e. Floor manages; 

f. Pit boss; 

g. Any Table Game Deder; 

h. Croupier; 

1. Approver of credit; or 

j. Custodian of gambling devices including persons with access to cash 

and a.ccounting records within such devices; 

2. If not otherwise included, any other person whose total cash compensation 

is in excess of $50,000 per year; or 

3. If not otherwise included, the four (4) most highly compensated persons in 

the gaming operation; 

T. "License" means a license duly issued by the Commission to any Person required to 

be licensed in accordance with the licensing procedures set forth in this Gaming Ordinance; 

V. "Management Contract'' means any contract, subcontract, or collated agreement 

between the Pueblo and a Management Contractor or between a Management Contractor md a 

subcontractor if such contract or agreement provides for the management of all or part of a gaming 

operrition, as described in IGRA, 25 U. S.C. 8 9 27 10 (D) (9) and 27 1 1, and, as defined in 25 C.F.R. 

Sec. 502.15; 

W. "Management Contractor" means any Person that has entered into a Management 

Contract with the Pueblo or the Gaming Enterprise; 

X. "Manager" means the manager of the Gaming Enterprise hired directly as an 

employee or pursuant to a Management Contract; 

Y. "Member of the Pueblo" means an enrolled member of the Pueblo; 

Z. "National Indian Gaming Commission" means the National Indian Gaming 

Commission established by IGRA; 

. "Net revenues" means tne Gross Receipts or' a gaming operation E? a Gs~rig 

Eacil ity, less amounts paid for prizes and total gaming-related operating expenses, excluding 

management fees; 
BB. "Net Win" means the total amount wagered in Class 111 Gaming at a Gaming Facility 

on a11 Gaming Machines, less: 

1. The amount paid out in prizes to winning patrons, including the cost to the 

Pueblo of noncash prizes, won on Gaming Machines; provided that the phrase "won on Gaming 

Machines" means the patron has made a monetary wager and, as a result of that wager, has won a 

prize of any value;provided that any rewards, awards, or prizes, in any form, received by or awarded 

to a patron under any form of a players' club program (however denominated) or as a result of 

patron-related activities are not deductible; and provided firther that the value of any 

compIimentaries gven to patrons, in any form, ase not deductible; 

2. The amount paid to the State by the Pueblo under the provisions of Section 

4(E)(6) of the Compact; and 

3. The sum of two hundred seventy-five thousand doIlars ($275,000) per year 

as an amount representing rnIbaf. reg~!ztnry costs, which ~rno~~t shd! increase by thee pmcer,t (3 %) 

each year beginning on the first day of January occurring after the Compact has been in effect for at 

least twelve months; 

CC. "Person" means a naturaI individual, fm, trust, association, corporation, 

partnership, limited liability company, political subdivision, government agency, municipality, joint 

venlure, or other legal entity; 

DD. 'Terson Having a Direct or Indirect Financial Interest in a Management 

Contract'' means any person having a direct financial interest in a Management Contract as defined 

in 25 C.F.R. $ 502.17; 

EE. "F'rimary Management Official" means: 

1. The persor, having marragemefit responsibi!ity for a management contract: 

2. Any person who has authority: 

a. To hire and fire employees; or 

b. To establish working policy for the gaming operation; or: 

3. The Chief Financial Offices or other person who has financial management 

responsibility for the Gaming Ente~rise; 
FF. "Premises" means the Gaming Facility, together with its surrounding land and 

outbuildings; 

GG. ""Pueblo" means the Taos Pueblo, fomaily- known as the Puebiv of Taus, NewMexico; 

HH. "Pueblo's Law Enforcement Agency" means any agency or department duly 

authorized to e- +LA n..,L1-7, l---.- .-.:*L:- bt.* DnmA-...+:~-. 111111~~ ~llc r UGVIU 5 rawa WLLIALIL LUG V~LAUII, 

LI. LLRcservation" means all lands within the exterior boundaries of the Taos Indian 

Reservation, induding but not limited to any confirmed grants from prier se~r~ei~s, ~?y!ztfids title 

to which is held in trust by the United States for the benefit of the Pueblo or held by the Pueblo or 

a member thereof, and any lands held by the Pueblo subject to a restriction by the United States 

against alienation, and over all which lands the Pueblo exercises governmental power; 

JJ. "Table Game" means a Class Kl Game of Chance, in which the outcome depends 

to a material degree on an element of chance, notwithstanding that some skill may be a factor, that 

is plriyed using a wheel, cards, os dice, and that requires m attendant to initiate the game or to collect 

wagers or pay prizes. 

KK. "State" means the State of New Mexico; 

LL. "State Gaming Representative" means the person designated by the State to be 

responsible for actions of the State set out i , 11 +I., UlG C*,,,n.4. bWILIp(LL.L, 

MM. "Tribal Council" means the Tribal Council of the Pueblo, which is the governing 

body of the Pueblo; 

NN. "Tribal Court'' means the Pueblo's Tribal Court; and 

00. "War Chief' means the War Chief of the Pueblo. 

Section 3. Purposes. The purposes of this Gaming Ordinance are to make lawful and to regulate 

the crperation. conduct, and playing of Games of Chance on the Reservation so that such games are 

conclucted i: a fair md hcnest rnmGer thzt zff~rds p~kens a fzir chmce to win in accnrdz~ce with 

the nature of the games; to protect the integrity of such gaming; to prevent improper or miawful 

concluct with respect to such gaming; and to generate revenue by such games to strengthen and fund 
tribal governmental operations and programs that promote the health, educ~ti~n, weIfme of the 

Pueblo and its members, tribal economic sufficiency, and tribal land acquisition. 

Secldnn d. Interpretation. This G&~lng Or&nmce is a~ exer~se of souereip power of the 

Pueblo and shall be liberally construed for the accomplishment of its purposes and to comply with 

IGRA, its reguIations, the Compact, and other applicable federal law. 

Section 5. Gaming Policv. 

A. Games of Chance Prohibited. No person may operate or conduct any Games of 

Chance within the boundaries of the Reservation except in accordance with this Gaming Ordinance. 

B. Ownership of Gaming Enterprise. The Pueblo, acting through the Tribal Council, 

shall have the sole proprietary interest in and responsibility for any Gaming Facility and any Games 

of Chance operated or conducted by the Gaming Enterprise on the Reservation. 

C. Protection of Environment; Public Health, Employee and Patron Safety, and 

Property. The construction and maintenance of any Gaming Facility, and the operation and conduct 

of any and all Games of Chance, shall be done in a manner that adequately protects the environment, 

the public health and safety, the safety and property of patrons at the Gaming Facility, the safety of 

employees of the Gaming Enterprise, and the property and assets of the Gaming Enterprise. Towards 

that end, the Pueblo shall identify and enforce laws, resolutions, codes, policies, standards, or 

procedures applicable to each Gaming Facility covering at a minimum: 

1. Emergency preparedness, including but not limited fie suppression, law 

enforcement, and security; 

2. Food and potable water; 

3. Construction and maintenance; 

4. Razardaus materials; 

5. Sanitation (both solid waste and wastewater); and 

6. Other environmental or public health and safety standards adopted by the 

Pueblo in Fight of the climate, geography, and other local conditions applicable to its Gaming 

Facilities. Upon request by the National Indian Gaming Commission Chairman, the Puebh shz!! 
submit environmental and public health and safety documentation to the National Indian Gaming 

Cocmission. 

. Government-to-Government Relationship Between the Pueblo and State. h 

accordance with Section 4(G) of the Compact and in furtherance of the government-to-government 

relationship between the Pueblo and the State, at least annually, representatives of the Pueblo shall 

meet with one more appointed representatives of the Office ofthe Governor of the State, one or more 

members of the House of Representatives appointed by the Speaker of the New Mexico House of 

Representatives, and one or more members of the Senate appointed by the President Pro Tempore 

of ff~e New Mexico Senate, to discuss matters of mutual interest arising under the Compact and 

concerning Indian gaming in the State. 

Section 6. Taos Pueblo Gamine Commission. 

A. Establishment. n-e Pl~ehlo hereby estahlishec the Cnmmis~inn for thp: purposes of 

regulating all Games of Chance within the Reservation and enforcing this Gaming Ordinance. 

B. Powers and Duties. The Commission shall have the following powers and duties: 

I. To recommend to the Tribal Council whether to pmit the operation or 

conduct of my Games of Chance within the Reservation, and to speci@ the conditions fherefore, 

provided that the operation or conduct of any Games of Chance must be approved by the 

Commission; 

2. To adopt and enforce strictly licensing procedures for all employees of Class 

I1 and Class III Gaming operations pursuant to 25 C.F.R. § 558.1 (b), including but not limited to the 

Manager, Primary Management Officials, Key Employees, and all others subject to the licensing 

requirements of this Gaming Ordinance; 

3. Subject to ultimate appeal to the Tribal Court, to grant, suspend, reinstate, or 

revoke any and all Licenses issued or required to be issued in accordance with this Gaming 

Ordinance; 

4. To regulate and monitor the conduct of Class ll and Class 111 Gaming 

activities within the exterior hnlmdaries of the Fxsewatinn to ensure cnrr?p?imce with the 

requirements of the Gaming Ordinance and any regulations or standards promulgated hereunder, the 
Compact, IGRA, and any other applicable federal 1aw;provided that the Commission shall refrain 

- 

from becoming involved in operational or managerial matters involving a Gaming Facility or 

Gaming Enterprise except to the extent that thp fimmi~uinn uu.xrArr&uu.ull idm+;f; luvrlrrsrvu F~Q uur~ry~~urluv rrrmnli nnro ~irrI~Gnnc. v L~~~

5. To inspect and examine all Gaming Faci!ities md Pmises witbiz: the 

Reservation at which Games of Chance are played to insure that all Gaming Facilities are 

constructed, maintained, and ~p~died in a manner ihai adequateiy protects fie environment and the 

public health and safety as required by Section 5( C) above; provided that the Commission may 

inspect and examine all such Gaming Facilities during all hours of Class I1 and Class 111 Gaming 

activity and shall have immediate, unrestricted access to any and all areas of a Gaming Facility for 

ensuring compliance with this Gaming Ordinance and any regulations promulgated hereunder, the 

Compact, IGRA and its regulations? and any other applicable federal law; 

6. To conduct or cause to be conducted background investigations of all Persons 

required to licensed by the Commission pursuant to the licensing procedures set forth in this Gaming 

Ordinance and any regulations promulgated hereunder; 

7. To adopt by regulation, and to enforce compliance with, minimum internal 

control standards, as required under this Gaming Ordinance and any regulations promulgated 

hereunder, or under IGRA and its implementing regulations, the Compact, or equivaf ent procedures 

prescribed by the Secretary of the Interior; 

8. To issue a separate Facility License to each Gaming Facility on the 

Reservation at whch the TnbaI Council permits Class ii or Class Ei Gaming to occur. 

9. Consistent with its regulatory duties hereunder, to inspect, examine, 

photocopy, and audit all papers, books, and records res~ecting Gross R-eceipt~ of gaming activi_ties 

at a Gaming Facility that are required to be kept by the Managcr andlor Chief Financial Ofice: of 

the Gaming Facility by hs Gaming Ordinance and any regulations promulgated hereunder, the 

Compact, IGRA and its regulations, or other applicable federal law; provided that such documents 

must concern the financial activities and assets of the Gaming Enterprise in connection with its 

operation of Games of Chance; 

10. Subject to the approval of the Tribal Council, to enter into contracts with 

tribal, federal, state, and private entities for activities necessary to the discharge of the duties of the 
Commission and to contract with the National Indian Gaming Commission for the enforcement of 

federal replations governing gaming on Indian reservations, provided that the Commission shalI 

use the services of the Tribal Attorney unless, upon the request of the Commission, the Tribal 

ComciI approves a contract with another attorney or law firm; 

11. At the request of and subject to final approval by the Tribal Council, to 

negotiate tribal-state compacts on behaIf of the Pueblo; 

12. Subject to final approval by the Tribal Council, to negotiate and enter into, 

on behalf of the Pueblo, Joint Powers Ageements related to Games of Chance on the Reservation. 

13. To implement and administer a system, including the promulgation of 

reguvations, for investigating, licensing, andmonitoringmanagement, employees, vendors and others 

connected with gaming actfwlties a~d the v."fi.c~t.ti~n ~f i~ternsr! CO~~TC;I!S, BS reqcired finder this 

Gaming Ordinance, IGRA and its reg~!a?i~n~, Ccmpa, md ~qv r;~&~&le fedma1 lziv: I I 

14. Subject to the approval of the Tribal Council, to establish regula~ory fees, 

including but not limited to fees for applications for Licenses, Facility Licenses, and fees for 

Licensees; 

15. To hold hearings, take testimony, and receive such evidence as the 

Commission deems relevant in hlfilling its duties; 

16. To require by written subpoena the attendance and testimony of witnesses and 

the ~~roduction of all books, papers, and documents relating to any matter under consideration or 

investigation by the Commission, and to bring actions in the Tribal Court for the enforcement of 

such subpoena; 

17. To administer oaths and affirmations to witnesses appearing before the 

Ccmmission; 

1 To keep minutes, records, and books in which shall be kept a true, faithfi~!, 

and correct record of a1 proceedings before the Commission; 

- i 9. 1 o 'hear appeais authorized by tihis Gaming Ordinance; 

20. To approve Management Contracts in accordance with this Gaming 

Ordinance; 

2 1. To recommend amendments to this Gaming Ordinance to the Tribal Council; 
22. To submit an annual report to the TLL-1 P-7.--:T P-A-,-~- IXT-.. Phio$ ILLVQI LVUlIL.14, WUYblllUL, CUlU YV CU LI1LC.I 

on the activities of the Commission, including but not iimited to its funding, income, and expenses; 

23. Subject to the approval of the Tribal Council, to adopt a budget annualIy for 

the Commission and to adopt modifications of such budget as necessary; 

24. To carry out the responsibilities and exercise the rights of the "Tribal Gaming 

Agerlcy" under the Compact, to obtain any necessary approvals from the Governor or Tribal Council 

for all such activities, and to report to the Governor and Tribal Council on all such activities annually 

and ryon request; 

25. To certify annually to the State Gaming Representative that the Commission 

has met its obligations under the Compact; 

26. To inspect and copy State records concerning all Class UI Gaming conducted 

under this Gaming Ordinance; 

27. Through an Executive Director, to hire and discharge employees as necessary 

to fulfill its duties under this Gaming Ordinance; 

28. To record and investigate unusual andlor suspicious occurrences related to 

Class 11 and Class 111 Gaming - at a Gming - Facility to cause persons who maybe involved in illegal 

acts to be detained for the purpose of notifying appropriate law enforcement authorities, and to 

conduct hearings as necessary on the same; 

29. To bring suit in the Tribal Court seeking temyorary and permanent orders 

closing a Game of Chance or Gaming Facility in accordance with this Gaming Ordinance; 

30. To promulgate regulations for any Class 11 or Class III Gaming activity on the 

Reservation; provided that any regulations for Class IJJ Gaming must be consistent with applicable 

law; 

3 1. To take any other action as may be reasonable and appropriate to enforce this 

Gaming Ordinznce and any re~lations promulgated hereunder. 

C. Composition; Se!ection;Terms. Commission shall consist ofnot less than three 

(3) nor more than five (5) Commissioners appointed by the Tribal Council; provided that the 

----,.. cfi-:?:+*y :- Commission shall consist of three (3) Commissioners untii such time as a new Gaul;llb 1 amlLiy 1s 

constructed or the Taos Mountain Casino expands or its operations otherwise requires a larger 
Cornmission. Except as otherwise pmvided herein, each Commissioner shd! smGe a s:aggmd fen 

(4) year term and until he or she is reappointed, his or her successor is chosen and qualified, or until 

his or her death, resignation, or removaI; provided that a Commissioner may not serve after the 

expiration of his or her term of office until a successor has been chosen and qualified if such 

Commissioner has been removed for cause under this Section. As needed to restore the effective 

sizgger of the expirztinfi of oEA;,ce, t;h,e 'T~~ZI c~~~il 3hdI desigL~te M zppOizt Gze (1) 

two (2) Commissioners to serve a four-year term; one (13 to two (2) Commissionas to serve threeye= terms; and two (2) Commissioners to serve two-year tems. Thereafter, as needed to ensure 

the effective stagger of the expiration of terms of office, the Tribal Council may Erom time to time 

adjust the tems of newly appointed Comissioners at the time of their appointment. A 

Cornmissioner may bereappointed to serve for one or more additional tems. No Commissioner may 

play any Games of Chance en the Reservation or win any prize or thing of value on the Reservation 

during his or her term as a Commissioner and for ninety (90) days thereafter. Failure to have five 

(5) appointed Commissioners at any time shall not render the Commission nor its acts invalid 

provide that the other requirements of this Section are met. 

D. Qualifications of Commissioners. 

1. Commissioners shall have the following qualifications: 

a. At least one (I) Commissioner must be a Member of the Pueblo who 

has sufficient education and experience to quaiiQ him or her for learning business practices and 

procedures and making sound business and management judgments; 

b. At least one (1) Commissioner shall have substantial experience in the 

gam ing industry; 

c. At least one (1) Commissioner shdl be a successfu! business person 

or possess a degree in business management, finance, accounting, banking, or be an attorney; wd 

d. Commissioners shall meet such other qualifications as may be 

established from time to time by Tribd Council resolution. 

2. No person shall be eligible or qualified to serve or continue to serve as a 

Commissioner or as an appointee or employee of the Conmission, who: 

a. Has been convicted of a felony or any other offense related to gaming; 
b. Is a Director or Officer of the Gaming Enterprise: 

c. Is an employee of the Gaming Enterprise; 

d. Is, or has any financial interest in or responsibility for, a Person who 

supplies Gaming Machines or Gaming Services to the Gaming Enterprise; 

e. Is, or has any financial interest in or management responsibility for, 

my gaming-related or Management Contract submitted to the Tribal Council, Gaming Enterprise, 

or Commission for review or approval; 

f. Is then serving as an elected or appointed official within the Pueblo's 

tribal government or is a current member of the Tribal Council; or 

g. Has been denied a gaming license or has had such gaming license 

revoked. 

E. Removal of Commissioners. A Commissioner may be involuntarily removed from 

office by the Tribal Council before the expiration of his or her term in accordance with the following 

procedures. 

I. Removal of a Comissioner may be initiated by members of the Tribal 

Council, who shall provide the Secretary of the Tribal Council with a written request specifymg the 

cause for removal, signed by not less than one-half (5) of the members of the Tribal Council. 

2. The cause for removal shall be limited to: 

a. Conviction in any cow of a felony or crime involvingmoral turpitude; 

b. Failure to meet or maintain the qualifications for Commissioners set 

forth in this Section; 

c. Gross neglect of duty; or 

d. Malfeasance in office or conduct which amounts to gross and 

intentional disregard of the laws and procedures applicable to the affairs of the Commission. 

3. Not Iess than twenty (20) nor more than thty (30) days following receipt of 

the written request for removal, the Tribal Council shaII convene a special meeting for the sole 

purpose of voting on the removal of the Commissioner. Before any vote is taken, the Comis~ioner 

shall be given a full opportunity, either in person or through a representative of his or her choice, to 

answer or otherwise respond to any and dI charges against him or her. 
4. To remove a Commissioner from office, the aEmative vote of no less than 

two-thirds (213) of the members of the TribaI Council is required. 

F. Resignations and Vacancies. Any Commissioner may resign at any time by gning 

writl.en notice of such to the Secretary of the Commission and to the Secretary of the Tribal Council. 

The resignation shall become effective at the time specified in such notice, and the acceptance of 

such resignation shall not be necessary to make it effective. Any vacancy on the Commission, 

howsoever caused, shall be filled for the unexpired portion of the vacated Commissioner's term by 

a qualified person appointed by the Governor and War Chief with the written consent of the Tribal 

Council. If the Governor and War Chief cannot agree on a joint appointment to fill a Commission 

vacancy, the Governor and War Chief each shall submit a nominee to the Tribal Councili which shall 

appoint one of the nominees to fill the Commission vacancy. 

G. SeIectian of Officers. The principal officers of the Commission shaii consist of a 

Chairman, Vice Chairman, and Secretary. The Vice Chairman shall serve as Chairman during 

meetings of the Commission at which the Chairman is absent. A person may hold more than one 

office; provided, however, that no person may serve as both Chairman and Secretaty. The 

Commission shall select the officers annually Erom its own membership by majority vote, and each 

oficer shall hold office for one year and until he or she is reappointed, his or her successor is chosen 

and qualified, or until his or her death, resignation, or removal; provided that an officer may not 

serve after the expiration of his or her term of oEce untii a successor has been chosen and qualified 

if his or her term as a Commissioner has been completed or otherwise terminated ezI-y due to 

resignation or removal. 

H. Motions and Resolutions; Meetings; Quorum. The powers of the Commission are 

vested in the Comiissioncrs. Aii oficiai ac~ions of t'hc Comission shaii be taken by motion or 

resolution approved by the affirmative vote of a majority of the Commission at a meeting at which 

a quorum is present. A majority of the Commissioners then in ofice shall comprise a quorum. The 

Commission shall meet at the call of the Chairman or of a majority of i ts rnembers;pravidedthat the 

Commission shall meet at least monthly. 

I. Notice of Meetings. 
1. Written notice of meetings stating the time and shall be given to each 

Commissioner not less than five (5) days before a meeting, excluding the day of the meeting. Notice 

may be given by mailing the notice to the Commissioner, or by pe~ssnaliy giving the notice to the 

Cornmissioner. If mailed, a notice is deemed delivered when deposited postage prepaid in the 

Unj ted States mail addressed to the Commissioner at the address shown on the Commission records. 

2. Noticemay be waived in writing signed by all Commissioners entitled to such 

notjces, whether before or after the time stated therein, and such waiver shall be deemed equivalent 

to the giving of such notice. At any meeting of the Commission, the attendance of any 

Commissioner at such a meeting constitutes a waiver of notice of the meeting, except where a 

Commissioner attends the meeting for the express purpose of objecting because the meeting is not 

lawhlly called or convened. 

J. Cooperation with Law Enforcement Agencies. The Commission shall cooperate 

with the Pueblo's Law Enforcement Agency and may cooperate with other law enforcement agencies, 

inchuding but not limited to law enforcement officials of the State, the Bureau of Indian Affairs, and 

the Federal Bureau of Investigation, when such cooperation is in the best interests ofthe Pueblo and 

wit1 heIp to insure that fair, honest, and efficient Games of Chance are operated and conducted 

within the Reservation. 

K. Compensation. In accordance with the rates established in the Commission's budget 

that has been approved by the Tribal Council, Commissioners shall be compensated for serving on 

the Commission and reimbursed for all reasonable expenses incurred in connection with the 

ped2rmance of their Commission duties. 

L. Relationship to Tribal Government. The Commission is an independent agency 

of the Pueblo's ?tribal government and, as such, shall adopt its crvn personnel and adrnhistrative 

policies. The Commission is not subject to the general and administrative policies of the Pueblo. 

M. Review of Decisions of the Corn-missioni Decisi~ns ~f the C~m~issim regmdizg 

licensing, suitability, compliance with applicable law, and other regulatory matters shall be within 

the exclusive province of the Commission; provided that any person adversely affected by a lzlling 

of the Commission may petition the Tribal Court for review of such a decision in accordance with 

this Gaming Ordinance. 
Seclion 7. Licenses for Operatinp and Conductinp Games of Chance and Persons 

Providing Gaming Machines, Esluipment and SuppIies. 

A. Licenses Required. 

1. Each Gaming Facility and Gaming Enterprise; the Gaming Facility operator 

and its principals, Primary Management Officials, and Key Employees; the Management Contractor 

and its principals, Primary Management Officials, Key Employees, and any Person Having a Direct 

or Indirect Financial Interest in a Management Contract; any Person that supplies or proposes to 

supply any Gaming Machine to the Pueblo, Gaming Enterprise, or the Management Contractor, if 

any; any Person that may become an investor, contractor, or Tending institution involving a new or 

renovated Gaming Facility; any Person that provides or proposes to provide any Class ILI or Class 

II Gaming equipment or supplies with a value of $25,000 or more annually to the Pueblo, Gaming 

Enterprise, or the Management Contractor, if any; and each Person providing Gaming Services 

within or without a Gaming Facility shall apply for and receive a License from the Commission 

pursuant to this Section in order to transact gaming-related business with the Gaming Enterprise or 

otherwise participating in any way in the operation or conduct of any Class I1 or Class III Gaming 

activities on the Reservation. 

2. The Commission shall comply fully with the licensing procedures of 8 5 of 

the Compact, TGM, especially at 25 U.S.C. 5s 2710-271 1, and the regulations promulgated 

thereunder at 25 C.F.R. Parts 550-559, as well as the requirements of this Garning Ordinance and 

any redations issued hereunder. 

5. License Application. Each applicant for a License shall file with the Commission 

z written application in the form prescribed by the Commission, duly executed and verified, alon, d 

with the applicant's fingerprint card and current photograph, if appropriate, and any fees required 

by the Commission. 

1. The following notice shall be placed on the application form before that form 

is filled out by an applicant: 

In compliance with the Privacy Act of19 74, the following informntion is provided: 

Solicitation ofthe information on this form is acrthorized by 25 U. S. C. 2 701 et scq. 
The purpose of the requested information is to determine the eii,pibility ~~findividuals 

to beemployedinngamingoperation. Theinfomation will bevsed by membersand 

staff ofthe Taos Pueblo Gaming Commission and of the National Indian Gaming 

Cammission who have need for the information in perfarmaace of their oficial 

duties. The information may be disclosed to appropriate federal, tribal" state, local 

or foreign law enforcement and replatoly agencies when relevant to civil, criminal, 

or regt~latory investigations orprosecutions or when, pursuant to a requirement by 

the Pueblo or another tribe or the National Indian Gaming Commission, the 

irafo~.matio~~ is relevant to the hiring or firing of en employee, the issuance or 

 evocation ofa 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 the Pueblo 's being unable to hire you in a primavy management 

oficial or key employee position. The disclosure o fyour Social Securig Number is 

voluntav. However failure to supply a Social SectrriQ Number may restilt in errors 

in processing your application. 

2. Existing Key Employees and Primary Management Officials or other existing 

persons required to be licensed shall be notified in writing that they shall eithm: 

a. Complete a new application that contains a Privacy Act Notice: or 

b. Sign a statement that contains the Privacy Act Notice and consent to 

the routine uses described in that Notice. 

3. The following notice shall be placed on the application form before that form 

is filled out by an applicant: 

A false st~tement oiz any part' ofyour. application may be groundsfor. not diirillgyo~, 

or for firing you after you begira work. Also, you may he punished by fine or 

imprisonment. See 18 US. Code, Section 1001. 

XFGevei, if the E17phCzlt is a Person &at provides or proposes to provide my Ciss: 111 or Class 11 

Garring equipment or supplies with a value of $25,000 or more annually to the Pueblo, Gaming 

Enterprise, or the Management Contractor, if my, the following notice shall be placed on the 

application form before that form is filled out by the applicant: 
Inclusion offnlse or misleading information in the application may be grounds for 

denial or revocation ofyozlr vendor license. 

4. The Commission shalI notify in writing any Persons required to be licensed 

that they shaII either: 

a. Complete a new application form that contains a notice regarding false 

statements; or 

b. Sign a statement that contains the notice regarding false statements. 

5. The Commission shall request £?om each required to be licensed all of the 

following information: 

a. Full name, other names used (oral or written), Social Security 

Nurnber(s), birth date, place of birth, citizenship, gender, all languages (spoken or written); 

b, Social Security Nurnber(s), if applicable, provided that, as stated in 

the 1)rivaq Act notice included on the application, such disclosure is voluntary, but an applicant's 

failure to supply a Social Security Number may result in errors in processing the application; 

c. If the applicant is a parhershp, corporation, or limited liability 

company: the federal tax identification number for the entity; the state or jurisdiction of 

incorporation, organization, or formation and if the applicant is in good standing in that state or 

jurisdiction; whether the applicant is qualified to do business in fie State of New Mexico; any trade 

name or other names under which the applicant has done business; whether the applicant ever had 

a Iicense rev~1CPd f~lr &I;? reason md the ckcl~~stmces i~vohed; a ge;;a;l description of the 

business; the names, addresses, and telephone numbers of three (3 j business references with whom 

the applicant has re,darly done business fcr the hi: five (5 j years; the names md addresses or' any 

licensicg or regulatory slgency with which the applicant has filed an application for a license or 

permit related to gaming and whether the license or permit was granted; a list of lawsuits to which 

the applicant has been a defendant, including the name and address of the court involved and the date 

and disposition, if any; a list of the applicant's funding sources and any liabilities of $50,000 or more 

or such other limit determined to be an appropriate limit by the Commission; and whether the 

applicant will be investing or loaning any money to the Gaming Enterprise and, if so, how much; 
d. Currently and for the previous ten (10) years: business and 

employment positions heId, ownership interests in those businesses, business and residence 

addresses, and drives's license numbers; pmvided that any applicant who is a principal, Primary 

Management Off~cial~ Key EmpIoyee, Management Contractor, manufacturer or supplier of Gaming 

Machines, and/or a person providing Gaming Services or any Class I11 or Class I1 Gaming equipment 

or slxpplies with a value of $25,000 or more annually to the Pueblo, Gaming Enterprise, or the 

Management Contractor, must provide such infomation cnrrentIy, and fiom the age of eighteen (1 8); 

e. CursentIy and for the previous ten (1 0) years: the 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 listed under this Section; 

f. Current business and residence telephone numbers; 

g. A description of any existing and previous business relationshps with 

Indian tribes, including ownership, financial, or management interests in those businesses, and a 

description of any potential or actual conflict of interests bet-ween such businesses and Indian tribes; 

pmvided that, in its discretion, the Commission may limit this list to an appropriate number if the 

apph.cant has had extensive business relationships with Indian tribes; 

h. A hll description of any existing and previous business relationships 

with the gaming industry, including, but not limited to, ownership interests in those businesses; 

i. The name and address of any licensing or regulatory agency with 

whc,h the person has filed an application for a License or permit related to gaming, whether or not 

such License or permit was granted; 

J- For each felony for which there is an ongoing prosecution or a 

conviction, he charge, the name and address of the court involved, and t5e date and disposition, if 

any; 

k. For each misdemeanor for which there is an ongoing prosecution or 

conviction (excluding minor trafic violations), the charge, the date of the charge, the name and 

addr,ess of the court involved, and the disposition, if any; 

1. For each criminaI charge (excluding minor trafic charges), whether 

or not there is a conviction, if SUCII criminal charge is not otherwise listed pursuant to this Section, 
he criminal charge, the date of the charge, the netme and address of the court involved, and the 

disposition, if any; 

m.. The name and address of any licensing or segulatoq- agency wihi 

which the person has filed an application for an occupational License or pennit, as an applicant, 

pimipal, Primary Management Official or Key Employee, and whether such License or permit was 

gan id; 

n. A current photograph; 

o. Fingerprints taken by staff of the Commission; 

P . The fee required by the Commission; and 

q. Any other information which the Commission deems relevant. 

C. Background Iavestigations. 

I. Upon receipt of a cornpIeted application, the Commission shall conduct or 

cause to be conducted a background investigation to ensure that the applicant is quaIified for 

licensing. 

2. The background investigation shall be at least as stringent as is required by 

the Compact and 25 C.F.R. part 556, a-A -L,.ll ----'A- -11 --.-:I-'-!- :-L--;:-- --------. &- --I-- 11u 5~1all plu VLUG au avauaulc; L~~~LJL~~L~L~LJI~ ILC~C~~L y cv LJ~~PC~: 

the eligibibty determination required under 25 C.F.R. tj 558.2. 

3. More specifically, background checks of applicants will be performed 

pursuant to the following procedures: 

a. The Hwnan Resources Department shall conduct drug testing before 

advising the Co~.missicn thzt applicmt who is a I?Z$XB! perscn is ready tc bke. P.fter the Hcmm 

Resources Department advises the Commission that the applicant has passed the required drug 

testing and is ready to hire, the Commission will provide app!icatiors to potectial applicants. 

b. Pursuant to a Memorandum of Understanding Regarding the 

Di~s~emination of Criminal History Record Information between the Pueblo and the New Mexico 

Gaming Control Board, the Commission shall coIIect fingerprints from all applicants and forward 

the fingerprint cards directly to the New Mexico Gaming Control Board. IJPOT! receipt of the 

fingerprint cards, the New Mexico Gaming Control Board will submit the fingerprint cards to the 
Federal Bureau of hvestigatio *. 11 +R LU WWLQIIL AL+~:+. Q A ..--:--I L.IILIIIIILZI t.:-+--, IIISLVLY -*-*-.-I I CLVI u WI~ .-.- caul appuw~~i. n,l:,l-t 12, I~C XT,.,~ LYCW 

Mexico Gaming Control Board will then forward such information to the Commission. 

rm 

c. lne Commission shall investigate or cause in be irives~gaied the 

L"IfGmlz~ioii jgiiide-j in ;he ap-,~ic-iions, Siicil invesiig.tion inti uder 

(1 contacting persons or entities identified in the application, and 

verifying by written or oral communication that the information contained in the application is 

n,.l...+n+*. 

abc, ul aL6, 

(2) interviewing a sufficient number of knowledgeable people, 

such a former employers, partners, business associates, and others referred to in the application, to 

provide a basis for the Commission to make a determination concerning whether the applicant meets 

applicable eligbility requirements; 

(3) reviewing relevant financial records of the applicant for the 

three (3) years preceding the application; 

(4) for applicants that are a partnership, corporation, or limited 

liability company, verikng the businesses incorporation and organizational status and qualificzt:loii 

to do business in New Mexico; obtaining a business credit report, if avaiiable, and conducting a 

Better Business Bureau check on the business; conducting a check of the business' credit history; 

calling all references listed in the application, and investigating or causing to be investigated the 

principals of the business, including a criminal history check, credit report, md interviews with any 

personal references listed; provided that "'principals of a business" include its officers, directors, 

- nn, management, owners partners, n~n-h$titl~ti~~z st~cEl~lders f~gt !tli<ber OWE ! tl~n QT ITI~~P nI" fhe 

stodk or are the ten largest stockholders, and the on-site supervisor or manager under any ageement 

wit3 the Gaming Enterprise; md 

(5) contacting any state, federal, or other government agency that 

is referred to in the application. 

d. Ee Co:~-+?1~issi~n sha?! docsmet my inf~mztion cbtknec! that cd?s 

into question whether the applicant meets the eligibility requirements under this Gaming Ordinance. 

The disposition of these problem areas shall be documented in detail, indicating the f0iit.r~-up 

investigations performed on the problem areas and the result of such investigations. 
e. The Commission will review the results of the investigation for di 

persons subject to licensing, including a determination as to the scope of the investigation and 

whether sufficient information was obtained and verified. If such information is found not sufficient, 

the Commission wiii perform additional investigations. 

f. Once the investigation is complete, the Commission will decide 

... L tL, bl" ---1: ^^-A -- .--A- LI-- -1- _*I. !1.~. -...L- . rv~aeillcl LLI~ dppuc;arli rriems inz zligailiry ~mtrna under his Gaming Ordinance. 

4. h conducting a background investigation, the Commission and its agents and 

all persons privy to the information shall keep confidential the identity of each person interviewed 

in tkie course of a"- 4: --4:-- 

UIC 1IlVCStlgaLluIl. 

D. Eligibility Determination. The Commission shall review the applicant's prior 

actiTrities, dminal record, :C ---. --A ---. +-+:-- L-L:' --A -----.- +:---LI UIY, LLIIU IF~UL(LLIVLI,ICIVIL, all~ ~S>VL;~LIVII~ to iii& a h8ig 

concerning the eligibility of an applicant for employment by or involvement in the Gaming 

Enterprise. Upon completion of the investigation, the Commission shall either determine that an 

applicant is eligible to be licensed or deny the application. If the Commission determines that 

employment or involvement of any person or applicant poses a threat to the public interest or to the 

effer:tive regulation of a Class II or Glass III Gaming activity? or creates or enhances dangers of 

unsuitable, unfair, or illegal practices and methods and activities in the conduct of a Class I1 or Class 

IEI Gaming activity, the Commission shall deny the application. 

-ml E. Addiiionai Background Znvesngations. Lne Commission retains ihine right to 

conduct additional background investigations of any personrequired to be licensed at my time while 

the License is valid. 

F. Temporary License. The Commission may issue a temporary License To the 

applicant while the background investigation is being completed. If the background ifivestigation 

undertaken discloses that the applicant has a criminal history, or other gwmds siifizieiit to 

disqualify the applicant are apparent on the face of the application, the Commission may revoke the 

temporary License without protiding aii"yl'rarif "yr"'""" -F.- "' I rl' I '-"' T-mprMy T L?c;~I~>~ >IZLl -L-11 

become void and of no effect upon either (I) the issuance of the License; (2) the issuance of a notice 

of denial; or (3) ninety (90) days after the Licensee has begun working. 
G. Procedures for Forwarding Applications and Reports for Key Employees and 

Prirnary Management OfficiaIs to the National Indian Gaming Commission and the State 

Garning Representative. 

1. Within sixty (60) days after a Key Employee or Primary Management: 0 ffr cia1 

begins work at a Gaming Enterprise, the Commission shall fonvard to the National Indian Gaming 

Commission and to the State Gaming Representative the employee's background investigation, 

fingerprint confirmation, and eligibility determination. 

2. The Gaming Enterprise shall not employ as a Key Employee or Primary 

Management Official. a person who does not have License after ninety (90) days. 

H. Report to the National Indian Gaming Commission and the State Gaming 

Representative. 

1. Pursuant to the procedures set out in this Section, the Commission shall 

prepare and forward to the National Indian Gaming Commission and the State Ga.ming 

Representative an investigative report on each background hvestigatio~? on e~ch zpplicant fnr a 

License. An investigative report shall include all of the following: 

a. steps taken in conducting the background investigation; 

b. results obtained; 

c. conclusions reached; and 

d. the bases for those conclusions. 

2. me Com~issior, shd:',! s::b~it with the rep~r! a c~py cf he eligibi!it-~ J 

determination made under this Section. 

3. If a License is not issued to an applicant, the Commission shall: 

a. notify theNationaT hdian Gaming Com~ission and the State Gming 

Representative; and 

b. may forward copies of its eligibility determination and investigative 

report (if any) to the National lndian Gaming Commission for inclusion in the lndian Gaming 

Individuals Records System. 

I. Retention of Applications and Reports. With respect to principals, Key Employees, 

or Primary Management Officials, the Commnission shall retain applications for employment and 
reports (if any) of background investigations for no less than five (5) years from the dale of 

termination of employment. 

J. Granting a Gaming License. 

1. If, within thirty (30) days after the National Indian Gaming Commission 

receives an investigative report, it notifies the Commission that it has no objection to the issuance 

of a License, and the State Gaming Representative has no objections within thirty (30) days 

following its receipt of an investigative report, the Commission may issue a License to the applicant. 

Specifically, the Commission may issue a License to any person who: 

a. Has provided a complete and accurate appiication and compiied fuiiy 

with any and a11 requests by the Commission for information concerning the background and 

activities of the applicant; 

b. If the applicant is a natural person and has attained the age of twentyane !:2 1 ] ye=.; 

n 

b. WOO AIUJ n-t IIWL &.*an WLCIII rrnnrr;r-tnrf ~VIIY IVLUU nC UI UILJ 

Rnrr qolnnrr 

~ULU~LJ r\r UL rrom;nm ~WIAILL~~ ~Fo~cP* W~AULLOU~ 

I. *I. d. is not a Person whose prior acr~vines, trim-ind record, if anyi h;ibiisi 

or associations pose a threat to the public interest or to the eftlective reguiation =d eon~o'? of

gaming, or create ar enhance the dangers of unsuitCbie, unfair, cr iIIegd prmiccs, methods, z~,nld 

activities in the conduct of gaming or the carrying on of the business and financial arrangements 

inciclental. thereto; and 

e. Has not attempted to interfere or to influence, and has not interfered 

or influenced, unduly for its gain or advantage, any decision or process relating to Class I1 or Class 

TI1 Gaming or the government of the Puebf o. 

2. Tl~e Conmission shall respond to any request for additional infomation fiom 

the National Indian Gaming Commission or the State Gamiiig Represeiita'ii-v'e zoiiz~~iiiig a pi-,iicipz!, 

Key bmpioyee or Primary Management Officiai or ofher appiicant who is the subject of an 

Investigative Report. Such a request shall suspend the thirty (30) day period under this Sectiorl until 

the National Indian Gaming Commission or the State Gaming Representative receives the additional 

information. 
3. If, within the thirty (30) day period described above, the National Indian 

Gaming Commission or the State Ga~ing P,epre~~tzt.ti~.~e pr~x.4des the Cmmission with zstztm.e"t 

itemizing objections to the issuance of a License to a principal, Key Employee, or Primay 

Management OffkiaI or other applicant for whom the Commission has provided an application and 

Investigative report, the Commission shaii reconsider tihe appiication, taking into accoun'l the 

objections itemized by the National Indian Gaming Commission and/or the State Gaming 

Representative, and make a final decision wheUler to issue a License to such applicant. 

K. Duration and Renewal of Licenses. 

1. A License shall 'be effective for one (1) year from the date of issuance. 

2. Applicants seeking renewal of a License shall pay a renewal fee and provide 

upda.ted information, as requested, on the appropriate renewal fonns at least thirty (30) days before 

the expiration of the License, but, in the discretion of the Commission, may not be required to 

resubmit historical data already available to the Commission. An applicant who has applied timely 

for a renewal, but whose License expires, may continue to be employed or engaged or to conduct 

business under a temporary License until action is taken on the renewal application by the 

Commission. 

L. License Fees. The fees for Licenses and background investigations shall be as set 

forth in the Taos Pueblo Gaming Commission and the Taos Mountain Casino Memorandum of 

Understanding, dated January 1,2000, relating to Licensing fees and fingerprint card fees, as such 

Memorandum of Understanding may be amended from time to time. 

Section 8. Management Contract. 

A. Hiring of Manager. me Pueblo or the Gaming Entqrise; actingthroughthe Tribal 

Council, may hire and employ a Manager to manage and ditect the day-to-day business affairs of the 

Gaming Enterprise. The Manager may be hired directly as an empioyee of the Pueblo or pursuant 

to a written Management Contract. A Management Contract must conform to the requirements of 

this lGaming Ordinance, tribal law, and the IGM and regulations promulgated thereunder, and any 

such contract must be approved by the Tribal Council in accordance the provisions of this 
Section, and must further be approved by the National Indian Gaming Comission in accordance 

wit11 the provisions of 25 C.F.R. Part 533. 

B. License Required Upon Approvat of Management Contract. Upon approval of 

any Management Contract, all Management Contractors including their prii.ncipals =-A, my Person 

Haling a Direct or Indirect Interest in the Management Contract, Primary Management Officials, 

Kqr Employees, and Gaming Employees ofthe Management Contractor must obtain a License from 

the Commission within sixty (60) days. 

C. Standards for Approvai. The Puebio or the Gaming Enterprise, acting through the 

Trihal Cnufid!, mzy ~nter intc a r?lz:ag=et Csr,tr::ct ~r,!.; if the PY'i~izg~mz;;: Cofitrzct: 

1. Provides for the adoption and mnintenmce of adequate accounting procedures 

and for verifiable financial reports to be prepared and submitted to the Tribal Council on amonthly 

basis; 

2. Ensues access of the Commission to the daily operations of the ~aming and 

any gaming-reIated information the Pueblo deems appropriate and for the right of the Commission 

to verify the daily Gross Receipts and income made from Class II and Class IT Gaming activity; 

3. Provides for a minimum guaranteed payment to the Pueblo, which payment 

must be made prior to retirement of any development and construction costs; 

4. Provides for an agreed maximum dollar amount for the recoupment of 

development and construction costs; 

5. Includes a contract term not exceeding five (5) years, except that the Tribal 

Council may authorize a contract term that exceeds five (5) years but does not exceed seven (7) years 

if the Tribal Council and he National hdim C-~~ifig C~traission xe sztisfied the iii'vrestmmt 

required and the income projections for the ga~ing activivrequire fie additia~zil tiEe;providedthat 

the term shaii begin running no iater than fkte date when fne gaming activities authorized by the 

approved Management Contract will begin; 

6. hlcludes grounds and procedures for terminating such contract; 

7. Reqires that 211 Class IlI Ga-i~ig coiiered Gy the Management Contract wiIi 

be conducted in accordance with this Gaming Ordinance and the regulations promulgated hereunder, 

the Compact, IGM and its implementhg reg~!dnns, my ether zpp!icdAe !w; 
8. Enumerates the responsibilities of each of the parties for each identifiable 

function, including: 

. . a. Ma~ntalni~g md :!mp:='~ing the G&ng FzciTity; 

b. Providing operating capital; 

c. Establishing operating days and hours; 

d. Hiring, firing, training, and promoting employees; 

e. Maintaining the Gaming Enterprise's books and records; 

f. Preparing the Gaming Enterprise's financial statements and reports; 

g. Paying for the services of the independent auditor engaged pursuant 

to 25 C.F.R. Sec. 571.12; 

1- 

11. Hiring md supervising security pmsonnei j 

I. Providing fire protection services; 

j. Setting advertising budget and placing advertising; 

k. Paying bills and expenses; 

- * .. . 1. Estzb!ishng aiic: achi;rfis:e;lng erlployrlefi: ~;ract:Lzes; 

m. Obtaining and maintaining insurance coverage, including coverage of 

pub1 ic liability and property loss or damage; 

n. Complying with all applicable provisions of the Internal Revenue 

Code; 

o. Payngthecostofpub1icsafetyservices;and 

p. If applicable, supplying the National Zndian Gaming Commission with 

all information necessary for the National Indian Gaming Commission to comply with the National 

En~~frorxnenfal Policy Act. 

9. Provides for the establishment and maintenance of satisfactory accounting 

systems and procedures that shall, at a minimum: 

a. Include an adequate system of internal controls no less stringent than 

those required by regulations of the National Indian Gaming Commission; 

b. Permit the preparation of financial statements in accordance with 

generally accepted accounting principles; 
c. Be susceptible to audit; 

d. Permit the calculation and payment of the Management Contractor's 

fee; and 

e. Provide for the allocation of operating expenses or overhead expenses 

among the Gaming Enterprise, the Management Contractor, and any other user of a shared Gaming 

Faci.lity andlor Gaming Services; 

10. Details the method of compensating and reimbursing the Management 

Contractor; provided that, if a Management Contract provides for a percentage fee, such fee shall 

be either: 

a. Not more thm thirty percent (30%) of the Net Revenues of the gaming 

ope]-ation, and only if the Tribal CounciI and the National lndian Gaming Commission determine 

*. .< . - . th2t Ellrh nprp*-;--- :- --* ---- -0- A - Ln- - ---- -- -1 - -.L -5::rGgC 1; 1 CdSViiSUit; i;iiiiiiiiW~ii'g LfiC CLCkliSi&TCC3; 

b. Not more than forty pexcent (48% j of the Net Revenues, and only if 

the Tribal Council and the National Indian Gaming Commission are satisfied that the capital 

investment required and income projections for the Gaming Enterprise require the additional fee; 

2 1. Provides the grounds and mechanisms for modikng or terminating the 

Management Contract; 

12. Contains a mechanism to resolve disputes between: 

a. The Management Contractor md customers consistent with the 

procedures in this Gaming Ordinance; 

b. The Management Contractor and the Gaming Enterprise; and 

c. The Management Contractor and Gaming Employees; 

1 3. Micates whether and to what extent contract assignments and subcontracting 

are permissible; 

14. indicates whether and to what extent changes in the ownership interest in the 

Man agernent Contract requires advance approval by the Pueblo and/or Gaming Enterprise; 

1 5. Does not: transfer or, in any other manner, convey any interest in land or other 

-*.-LC *A :- --=A+:..- :- .bL - real property, unless specific stahrtor)r authority exists and unless clearly sp GLlUCU US W ilLUlg 111 LHC: 

Management Contract; 
16. State~thattheM~ageiiie~iiConiir-actshd~notbeefr"ectiveuniessanduntii 

approved by the Commission and the National Indian Gaming Commission, notwithstanding the date 

of the signatures of the parties to the Management Contract; 

1 7. Includes any other provision required by 2 5 C.F .R. $ 5 3 I. 1 ; and 

18. States that the Management Contractor has no authorityto waive the Puehlo's 

sovereign immunity or that of the Gaming Enterprise without a duly passed resolution of the Tribal 

Co~~ncil ona contract by contract basis. 

D. Management Contract Binding Upon Approval. No Management Contract, and 

no modification, revision, or amendment thereto, shall be binding upon the Pueblo an&or Gaming 

Enterprise unless and until approved by the Commission, and by the Secretary of the Interior or the 

National Indian Gaming Commission. 

E. Action by Commission. Within thirty (30) days after its receipt, the Commission 

shall approve or disapprove a Management Contract. Upon tirfitiei~ nufificaiion to foe Tri'tal 

Council and Gaming Enterprise of the reason for an extension, the Commission may extend the thirty 

(3 0) day period for not moTe than thrrty (3 0) days. 

F. Grounds for Disapproval. The Commission shall not approve any Management 

Contract if the Commission determines that: 

I. The Manager or Management Contractor, or any principaI or any Person 

Having a Direct or Indirect Interest in the Management Contract, Primary Management Official, or 

Key Employee of the Management Contractor, required to be Licensed is not Licensed or is 

ineligible to be Licensed; or 

2. A trustee, exercising the skill and diligence that a trustee is commonly held 

to, wodd not approve s~ch Management Contract. 

G. Modification and Revocation of Management Contract. The Commission, after 

notice and hearing, shall have the authority ta require appropriate contract modifications and may 

voicl any Management Contract if it: determines that IGRA and/or its regulations, this Gaining 

Ordinance, or the Management Contract has been violated. 

Section 9. Providers of Class JI1 Gaming Esuipment or Supplies. 
A. Standards. The Commission shall adopt standards for any and all Class 111 Gaming 

Mxhines, equipment, or supplies to be purchased, leased, or otherwise acquired by the Pueblo or 

Gaming Enterprise for use in conducting CIass IIE Gaming, whch standards shall be at least as strict 

as the minimum internal control standards set by the Nationd Indian Gaming Commission and, as 

required by the Compact, at least as strict as the comparabIe -tnnAn,,ln n,l:,nLF, +- 01 TTT oLauuaua appL1bauIG LV blQD3 111 ULILLLIII~ 

Machines, equipment, or supplies within the State of Nevada. Any and all Class III Gaming 

Machines, equipment? nr supplies used by the Pmhln, Gaming Ent~~rilse, OT Management 

Contractor, if any, must meet or exceed such adopted standards. 

B. Information Requests* Before the "..-t-1- -- 17-*----- --A--- :-AI UCUlV Ul CTiI11111g CIlCGtPtlbG GlllGlb IlllU ally 

future lease or purchase agreement to acquire Class 111 Gaming Machines, equipment, or supplies 

for use in conducting Class 111 Gaming, the Commission shall obtain sufficient infomation Erom the 

proposed seller or lessor, and all Persons hoIding any direct or indirect financial interest in the seller 

or lessor or the lease or purchase agreement, to permit the Commission to license those persons 

according to applicable federal law, this Gaming Ordinance, and any regulations hereunder. 

C. Co~ssion Approvals for Assembly and Installation. Any and all Class JII 

Gaming Machines, equipment, or supplies to be used by the Pueblo or Gaming Enterprise in 

conducting Class 111 Gaming must be assembled and installed in such a manner approved by the 

Commission, and Persons providing such Class TI1 Gaming Machines, equipment, or supplies must 

be licensed according to applicable federal law, this Gaming Ordinance, and any regulations 

hereunder. 

Section 10. Financial Practices and Reporting. 

A. Mont~ErlyReports, Onorbeforethe2!stdayofeachmor,th,theMmagerandthe 

Chit:f Financial Oficer shall file with the Commission, the Governor, the War Chief, and the Tribal 

Council a certified financial report for the preceding calendar month showing the mount of Gross 

Receipts, the operating expenses incurred or paid, the specific classifications of such expenses, the 

nmes 2~d addresses ef each Penm pzid Six Emd:ed D~!!as ($600.00) ar m=re i: the awegate 

for the month and the purpose of such payments, and the Net Revenues. It is the duty of the the 

Maruger and the Chief Financial Officer to maintain and keep such books and records as may be 
necessary to substantiate the particulars of each report. If the Manager and the Chief Financial 

Offlcer fails to file a report within the time alIowed, or if a report is not properly certified gr mi 

full:{, accurately, and truthfully completed, the License of the the Manager and the Chief Financial 

Officer may be suspended until such time as the deficiency has been corrected. 

B. Maintenance of Books and Records; Commission Access. Full and accuratebooks 

of account, maintained in accordance with g~iietdlji accepted accotiiiting principles, shall be kept 

on the Premises of the Gaming Facility or at the places of business of the Manager or Chief Financial 

Officer or fhe Chief Financial Officer, showing the condition of the business and all transacti~fis 

relaling to Games of Chance on the Reservation. The Commission and persons authorized by 

written resoIution of the TribaI Council or Commission shall have access to such books of account 

and shaii be entitied to examine them, eifher in person or by an agent, without notice at any time 

during ordinary business hours. All records of Games of Chance in whatever medium shall be 

maintained for not less than five (5) years. Such records shall include: 

I. Revenues, expenses, assets, liabilities and equity for each Gaming Facility; 

2. Daily cash transactions for each Class III Gaming at each Gaming Facility, 

including but not limited to transactions relating to each gaming table bank, game drop box, and 

gaming room bank; 

3. Individual and statistical game records (except cad games) to reflect statistimi 

dro~l and statistical win; for electronic, computer, or other technologically assisted games, analytic 

reports which show the total amount of cash wagered and the total amount of prizes won; 

4. Contracts, correspondence, and other transaction documents relating to all 

vendors and contractors; 

5 

. Records of 211 tribal gwning enforcement activities; 

6. Audits prepared by or on behalf of the Pueblo; and 

7. Perso;;;;d Inhmation on d! Class 111 C-aiii~g employees, iiiclu&i~g rot~tinii 

sheets, hours worked, anployee profiles, and background checks. 

C. Allowable Operating Expenses. No item of expense shall be incurred or paid in 

connection with operating or conducting any Game of Chance except a bonajde expense 1:: a 

reasonable amount. Expenses may be incurred for such items and purposes that a similar enterprise 
woxlld incur or pay under generally acceptable accounting principles, including but not limited to the 

following: 

1. If there is a Management Contract, for Management fees of the Management 

Contractor, any expenses permitted to be reimbursed by the Management Contract; 

2. If there is no Management Contract: 

a. For ihe purchase of goods, wares, and merchandise furnished; 

b. For services rendered by the Manager (including repayment of 

devrdoprnent fees and construction costs, if w IYJ c, LVI ,:t, ~la~t~~lk~lbrj ,, VL ,: i~ya~ra ,C UL ,,,:,, 5aur~~kfi ,.-.A allu -nlntari ~waiuu 

equipment, and for operating or conducting a Game of Chance (including salaries, wages, fringe 

benefits, training, compensation and reimbursement of expenses to approved Pueblo government 

officials for gaming-related travei and training); 

c. For regulatory fees required to be paid to the Pueblo, the National 

Indian Gaming Commission, or the State under the Compact or otherwise; 

d. For revenue sharing under any Revenue Sharing Agreement with the 

State; 

e. For rent, lease payments, janitorial, and security services; 

f. For legal and accounting fees; 

g. 

r,, +,."A, ,,a T ;,,,, F,,". TYl LMGJ UllU LLbG113G LGG3, 

h. For utilities and trash removal costs; 

i. For trade association dues; 

I 

1. For xb~ertising - cr prmmtion; - 

k. For vehicle expenses; 

1. For insurmce; 

rn. For the interest portion of any debt payments; 

n. For employee training; 

o. For training Members of the Pueblo and their spouses and children so 

that they may be employed by a Gaming Enterprise; 

p. For necessary and appropriate business travel; 

T--- --I ..---1. ..-A 9. rvr c~r~p~uyct; wages, rulu 
r. For prizes for winners of Games of Chance. 

D. Deposit of Gross Receipts; Payment of Operating Expenses. A11 Gross Receipts 

shall be deposited in a special account of the Gaming Enterprise, which account shall contain only 

Gross Receipts. All operating expenses shall be withdrawn from such account by consecutively 

numbered checks duly signed by the Manager or his designated representative and Chief Executive 

Officer or other representatives duly authorized by Tribal Council, payable to a specific Person. No 

check shall he drawn to "cash" or a fictitious payee. 

E. Annual Audit and Financial Statements. The Gaming Enterprise and the Chief 

Financial Officer shall cause to be produced by an independent certified and state-licensed public 

accountant, an annual outside independent certified audit and a financial statement covering all 

financial activities of the Gaming Enterprise, including, as required by Section4(C) of the Compact, 

written vezification of the accuracy of the quarterly Net Win calculation. The financial statement 

shall specify the total amount wagered in Class ILI Gaming on all Gaming Machines at the Gaming 

Facility for purposes of calculating "Net Win" under Section 1 1 of the Compact using the format 

specified therein. The audit and fmancial statement, which shall be prepared in accordance with 

generally accepted accounting principles, shall be delivered wifhin one hundred and twenty (i 20) 

days of the close of the Pueblo's fiscal year to the Tribal Council, the Commission, and the National 

Indian Gaming Commission in accordance with all applicable laws and regulations. In accordance 

with the Compact, within one hundred and twenty (120) days of the close of the Pueblo's fiscal year, 

the audit and a certified financial statement covering all Class ID Gaming of the Gaming Enterprise 

also shall be delivered to the State Gaming Representative and the State Treasurer. 

F. Audit of Cnnkacts. -A_!! grming-related contracts for supplies, servicesj or 

merchandise in an amount greater than $25,000.00 miiaal:j;, eiiczlji c~ntracts fsr professional !egd 

or accounting services, shall be specifically included within the annual outside independent certified 

audits referred to in this Section and subject to independent certified audits on the order of the Tribal 

Council or the Commission. 

G. Disposition of Net Revenues. The Net Revenues (less any management fees 

required by a Management Contract), and after allocation by the Gaming Enterprise between its 

surplus reserve and any dividends to the Pueblo, shall be deposited respectively, at least quarterlyj 
into the Gaming Enterprise's surplus reserve accounts and into the general fund ofthe Pueblo. Net 

Resrenues deposited into the general hnd of the Pueblo shall not be used for purposes other than: 

I. To fund Pueblo governmental operations and programs; 

2. To provide for the general welfare of the Pueblo and its members: including 

but not limited to the protection and preservation of the traditions and culture of the Pueblo; 

3. To promote tribal economic development, including land acquisition; 

4. To donate to charitable organizations; or 

5. To help fund operations of local government agencies. 

H. Compliance with Bank Secrecy Act and Internal Revenue Code. The Manager 

and Gaming Enterprise shall comply with the applicable provisions of the federal Bank Secrecy Act 

and all applicable record-keeping and reporting requirements of the Internal Revenue Code. 

Section 11. Gaming Enterprise. 

A. Establishment of the Gaming Enterprise. There is hereby established the Taos 

Moimtain Casino, a wholly owned Gaming Enterprise of the Puebio, which enterprise shaii have the 

authority to establish, equip, operate, and maintain Class It and Ciass III Gaming operations on fne 

Reswation at such locations as the Tribal Council may designate. The Gaming Enterprise shall 

have the following powers and duties: 

1. To acquire, construct, lease, modify, furnish, equip, and maintain such 

facilities and premises as the Gaming Enterprise determines are necessary or appropriate for the 

operation and conduct of gaming operations in accordance with this Gaming Ordinance; 

2. To employ, direct, supervise, manage, control, promote, demote, discharge, 

fix the cnz~cnsction ~f ad define the powers and d?t;,es of scch officers other e~??nlnll~~c Y'"J -" --" la 

the ~Saming Enterprise determines are required for the operation and conduct of gaming activities 

in accordance with this Gaming Ordnance; 

- 3. lo aperate and conduct gaming activities in accordance with this Gaming 

Ordinmce, provided that the G-+min rn Enta-4 on morr ~r\n;l~~e+ onrt P1 nee TT Eo-;-n e-t;rr;t; no ;+ CUIllLl& LrllCVL~llilU IAIUJ YVl1UUUL UllJ LlU33 II \_ltLl l l l llY a CLbLI Y LI I LII IL 

chooses, but only if such Class IJP Gaming activities are authorized or not prohibited by the 

Compact; and 
4. Without in any way limiting or being limited by the foregoing, to do all other 

lawful things and perform all other lawful acts as the Gaming Enterprise determines are necessary 

or appropriate for the purpose of operating and conducting gaming activities, and all. other activit~es 

reasonably related thereto, in accordance with this Gaming Ordinance, 

B. Supervision of Gaming Activities. The Gaming Enterprise shall be under the 

1 ire 1 m 1 1 "- 

LL~VIL t)l mt: I noal ~ouncii. Tne day-to-day operations of the Gaming Enteqxise shdl 

be under the direction of the Manager, who shall be hired by the Pueblo in accordance with this 

Gaming Ordinance. The Manager shall hire and supervise the other employees of the Gaming 

. . Enterpfise, aqd, ~cbi~rt J"' to *lg bU---"' .n~;r:-n<-~ 2nd -A- yqcmslofi of tfg T~bal &~~~Lyle~:: IPii~hIfi LGovernor's Office), shall have and perfom all of the powers and duties of the Gaming Enterprjse. 

C. Officer in Charge. The Manager shall designate an employee of the Gaming 

Enterprise to be the Officer in Charge on each day during which any gaming activities are being 

conducted by the Gaming Enterprise;provided that no person shall be designated Officer in Charge 

unIess such employee has held a valid gaming License issued by the Commission under the 

~~CLI~FIOEQ ~f this Gmkg Qrcl,jnmc~ for nn feww five (5) days prim to the date on which such 

employee is desiwated Off~cer in Charge. The Officer in Chxge shall have direct responsibility for 

the operation and conduct of all gaming activities on that day. The Officer in Charge shall supervise 

all activities and shall be present on the Premises continuously throughout the period dwing which 

gaming activities are being conducted and for a paiod of at least one (I) hour after such activities 

have been conciuded for the day. 

D. Predces Open tc C~mmiscinn; The Premises where any gaming activities xe bekg 

cond~~cted or opaated at a Gaming Facility, or where it is intended that such zc!ky-ities be 

opercitd or conducted at a Gaming Facility, shall at all times he open to inspectior, by the 

Commission and its agents and employees and shall be open to inspection by the State Gaming 

Representative in accordance with the terms of the Compact. 

4 ".a* . . . E. Provisions Applicable to Bingo Games, i iie roiioi?iig pruvisioris s'iiai?li ~ppbj: to 

the oonduct of Bingo Games at any Gaming Facility operated by the Gaming Enterprise: 
i. Merchandise Prizes, When any merchandise is awarded as a prize in a 

Bingo Game, the value of such merchandise shall be its current retail price- Mcrr&andise awarded 

as a prize shall not be redeemable or convertible into cash, directly or indirectly. 

2. Usual Prices. Equipment, prizes, and supplies for Bingo Games shall not 

be purchased or sold at prices in excess of the usual price thereof. 

3. Limits on Prizes. The size of the prizes offmed or given in any Bingo Game 

shall be subject to such limits as may be established by regulations duly prornuIgated by the 

Commission. 

4. Rules of Play. The equipment used in playing Bingo Games and the method 

of p lay shall be such that each card shall have an equal opportunity to win. The objects or balls to 

be drawn shall be essentially the same as to size, shape, weight, balance and all other characteristics 

that may influence their selection. All objects or balls shall be present in the receptacle before each 

game has begun. AII numbers or designations drawn shall be announced plainly and clearly, and 

shall be audible or visible to all the players present; provided that, if multiple rooms are used for any 

Bingo Game, drawn numbers or designations must be audible or visible to all players present in each 

room. The receptacle, the caller, and the person removhg the ~bjezts or bdls from the rez@acle 

must be visible to ail the players at all times, except that where more than one room is used for any 

Bingo Game, the recepiacie fie c*iit.r must be present in the r~cjni w-here tk peztest fi+rit?iber 

of players is present. The cards or sheets of the players shall be part of a deck, goup, or series of 

cards, no two of which shall be alike, and which deck, group, or series shall not be so prepared or 

arranged as to prefer any card. The particular arrangement of numbers ox designations required to 

be covered in order to win the game and the amount of the prize shall be plainly and clearly 

described, and audibly or visibly announced to the playcrs immediateiy before eafh game has begun. 

5. Players Entitled to Verification. Any player shall be entitled to call for a 

verification of all numbers or designations drawn at the time a winner is determined, ancl for a 

verification of the objects or bals remaining in the receptacle and not yet drawn. The verification 

shall be made in the immediate presence of the Off~cer in Charge on the occasion. 
6. Players Required to be Present. Only persons physicaiiy present on the 

Premises where a Bingo Game is actually operated and conducted may participate as players in the 

game. 

7. Additional Rules. The Commission shall have the authority to promulgate 

additional rules, not inconsistent with this Gaming Ordinance, governing Bingo Games conducted 

hereuiidm, to protect the players and assure the fairness of such games. 

F. Provisions Appiicable to Class 111 Gaming Activities. The foilowing provisions 

shall apply ody to the conduct of Class Gaming activities operated by he Gaming Enierpfi-ise; 

1. Class III Gaming to be Conducted in Accordance with Compact. Any and 

all Class 111 Gaming activities to be conducted by the Gaming Enterprise shall be conducted in 

accordance with the Compact. h he event of my inmnsi'lsteiicy bet-ween this Gaming Ordinance 

and such Compact, the Compact shall control; provided that, in the event of any inconsistency 

between the Compact and IGM or other applicable federal law, federal law shall control. As 

required by the Compact, the following provisions are hereby adopted as a matter of Pueblo law and 

shall be enforced with respect to the Pueblo's conduct of Class IH Gaming: 

a. No personunder twenty-one (2i) years of age shaii partici-pate in Class 

IJI Gaming; 

b. The Gaming Enterprise shd! not emp!~y any person !a Class !II 

Gaming who is under twenty-one (21) years of age or who has not been licensed in accordance with 

this Gaming Ordinance; 

c. The Gaming Enterprise shall meet standards and requirements 

equivalent to or more stringent than those in the federal Fair Labor Standards Act of 1938, the 

federal Occupational Safety and Health Act of 1970, and other federal lzws relating to wages, burs 

and conditions of work, and the regulations issued thereunder; provided that the imposition of such 

- qt2nl-1~rrts - - - - - - - - qhall - - - - - nnt - - - - he - - r.nn<tnrerl - - - - - - - - - - as - - a - a~hmittsl - - - - - - - - - - hy the Pueblo to federal jurisdictim under said laws 

or as creating under Pueblo law any causes of action available to any person under such fedmal laws; 

d. On any construction project invoiving a Gaming Facility, which 

project is fbnded in whole or part by federal funds, workers shall be paid wages meeting or 

exceeding the standards established for the State under the federal Davis-Bacon Act; 
e. The Pueblo, Gaming Enterprise, and any Management Contractor shall 

not discriminate in the employment of persons at the Gaming Facility or for the Gaming Enterprise 

on the ~ounds ofrace, color, national origin, gender, sexual orientation, age, or handicap; provided 

that they shall offer Indian preference in employment in Class Il and Class I11 Gaming activities as 

set forth herein; 

f. The Gaming Enterprise shall allow the State's Dqzartment of 

Environment inspectors to inspect the food service operations of a Gaming Facility during the 

normal business hours of the Gaming Facility to assure that standards and requirements equivalent 

to the State's Food Service Sanitation Act are maintained; 

g. 'She Gaming Enterprise shall not: 

I} cash for patrons any paycheck or any type of government 

assistance check, including Social Security, Temporary Assistance for Needy Families, pension, and 

othm similar checks; or 

(23 extend credit to patrons by accepting IOUs or markers; 

h. Each electronic and electromechanical Gaming Machine in use at the 

Ganiing Facility must pay out a mathematically demonstratable percentage of all amounts wagered, 

which percentage shall be not less than eighty percent (80%), and odds of a player achieving a 

winning outcome hrn the games available on each Gming Machine must be posted on each 

Gaming Machine; 

1. Antornahc teller machines iocated on Gaming Facility Premises where 

Class 111 Gaming is conducted shall be progmed so that such machines will not accept cards 

issued by the State to recipients allowing them to access their Temporary Assistance for Needy 

Families assistance; 

j. A 11 n,,:,, 1 K,-L:,,, ,, +L, n,,:,,, ,c+t., c,,:l;k, .,All L, fill ua~lulg LVMLLUILG> VLL LI~G I LGLLL~G~ UL ill& LJGII~~U~ 1 auuLy w 111 WL 

connected to a central computerized reporting and auditing system on the Premises of the Gaming 

Facility, which shall collect on a continual basis the unaltered activity- of each Gaming Machine in 

use: and which wager and payout data of each Gaming Machine shall be accessible electronically 

h y ?:he State G~m-bgR_qrese~7la?iv~:h y a dedicated td~c~m-m-uni&i~ns connectinn, on a ' Yead-mJf' 

basis, upon entry of appropriate security codes; provided, however, that in no event shall the State 
Gaming Representative be able to alter or affect the operation of any Gaming Machine or other 

device on the Premises of the Gaming Facility, or the data provided to the central computer; and 

providedfirther that the system for electronic access to the machine wager and payout data collected 

by the Gaming Enterprise's central computer shall be constructed and installed at the State's cost, 

and shall be designed in conjunction with the Gaming Enterprise technicaI staffso as to preserve the 

integ-ity of the system and the data contained therein to minimize any access by the State Gaming 

Representative to information other than Gaming Machine wager and payout data residing in the 

centrnl reporting and auditing system and any possibility of unauthorized access to the system or 

tampering with the data; 

k. If the Tribal Council and Gaming Enterprise permit alcoholic 

beverages to be served and consumed at the Gaming Facility: 

(1) hl~m~p!~y~e~fthp:GarningEnte~~e~h~~!sell,serve~~ve, 

or dei!iver an aIcoholic beverage to an intoxicated person or procure or aid in the procurement of any 

alcoholic beverage for an intoxicated person at the Gaming Facility; 

(2) Employees of the Garning Facility that dispense, sell, serve, 

or de!:iver aIcoholic beverages must attend Alcohol Server Education Classes similar to those classes 

provided for in the New Mexico Liquor Control Act; 

(3) The Gaming Enterprise must purchase and maintain a liquor 

liability insurance policy that will provide personal injury coverage of at least one million doIlars 

($1,000,000) per incident and two million dollars ($2,000,000) aggregate per policy year; and 

(4) No alcoholic beverages shall be sold, served, dekvered, or 

consnmed in that part of the Gaming Facility where Class 111 Gaming is allowed; 

1. Neither the Gaming Enterprise nor the Pueblo shall provide, allow, 

contract to provide, or arrange to provide alcoholic beverages for no charge or at reduced prices, or 

provj.de, allow, contract to provide, or arrange to provide food or lodging for no ~"narge vr at ~iomirid 

pices at a &mino 0 Fariliv A ---- cr ]~d~ng f.z~i!ity 2s ,?r? jn~fntive enticement for patrons to game; 

.-.. ,I I ---. -Ae Gn-~ifi~ EE - - -. temi - - - - se - .sh - - -. zl! snend r gfi LEIGEE: r?~ less th~ n,~e-q~~rer 

of one percent (-25%) of its Net Win annually to fund or support programs for the treatment and 

assistance of compulsive gamblers in the State or who patronize gaming facilities withn the State, 
and for the prevention of compulsive gambling in the State, and shall require that a substantial 

poflion of such funds be distributed to an organization that has expertise in and pro~des counseling, 

intervention, or other services for compulsive gamblers in the State and whose services are available 

to all person without regard to race or tribal membership; provided that any information existing as 

a re'sult of this Section, not inchding information that may identify or contain information refening 

to any gaming patron, $ha11 not be subject to the confidentiality provisions of Section 4(E)(4) of the 

Cornpact and shall be made available for inspection and pub!ir,ztion ~.vifh~;l??t restri,cfien or!imit~tion; 

n. Tne Puebio, Gaming Enterprise, or Management Contractor shdi 

report to the New Mexico Secretary of State in the same manner and at the same times as are 

required of politicaI committees under the provisions of the State of New Mexico's Campaign 

Reporting Act, NMSA 1978 (j 1 -I 9-25 through 1-1 9-36, any and all contributions, whether directly 

or though an agent, representative or employee, of any moneys derived from revenue from the 

Ganning Enterprise, or of anything of value acquired with that revenue, to a candidate, political 

committee, or person holding an office elected or to be elected at nn election covered by the State's 

Campaign Reporting Act; 

o. The Gaming Enterprise shall not operate m-y Class III Gz~ing at the 

Gmning Facility for at least four (4) consecutive hours daily, Mondays through Thursdays (except 

federal holidays); and 

p. The Commission shall provide true and cursect copies ~f 211 ~ibd !BWS 

and regulations affecting Class III Gaming to the State Gaming Representative, National Indian 

Ganning Commission, and the Bureau of Indian Affairs Gaming Representative and will provide irue 

cop.ies of any amendments thereto or additional laws or regulations affecting Class 111 gaming within 

thirty (30) days after their ecactment or approval, if any;providedthat the Commission or the Pueblc 

shall provide copies of any amendments to ths Gaming Ordinance to the National Indian Gaming 

Cornmission within fifteen (1 5) days after the adoption of the amendments. 

2. Vendor Licensing. Any Person that bas supplied or proposes to supply any 

Gaming Machines or equipment or supplies to the Gaming Enterprise for use in conjunction with 

any Class 111 Gaming activity must be licensed by the Commission and shall be subject to a full 
backl~ound investigation in accordance with the provisions of this Gaming Ordinance, and the 

Cormnission shall prescribe appropriate forms, procedures, and standards for such licensing. 

G. Employees; Prohibition Against Employees Engaging in Gaming. Any md $1 

individuals who operate or conduct or assist in operating or conducting my Ga~ies of chance 

hereunder shall be employees of the Gaming Enterprise and shall wear legible identification tags, 

issued by the Commission, showing their names and photographs, and the name of the Gaming 

Enterprise. No employee ofth llu a uLUILIIIS cm-;,, LIIILblFLIJu, a,+-A,, &a LLLu uVILlllLlr301VLI, rnmm;~o;nn "I nrt~P UIV Ir hfiafll L~~~~~~~~~~~~ man-+ Pnn+rar+nr -ULAU WW+Vmay engage in any gaming activity conducted by the Gaming Enterprise or win any prize or thing 

of va he from the Gaming Enterprise during his or her employment and for a period of ninety (90) 

days after the termination of such employment. 

H. Qualifications for Employment. Employees of the Gaming Enterprise shall be of 

good moral character, shaIl not have been convicted of any felony ox gaming offense, and, as a 

cond~tion of their contract of employment, shall agree to my iawfili means of tesiig for tmthfiliie~s, 

including but not limited to polygraph testing, at any time and without prior notice, concerning the 

handling, collection, and/or disbursement of P---- n --L-+- hT- -n-n*- oh-11 ha -mlnr~d h-7 tho ULU55 AGLFI~LJ. IY u ~GIJVLI nilau uu wryrujuu vj La&- 

Gaming Enterprise or MmragG~ient Co~itract~r wh~se piior activities, mhkd record (if mq), 

reputation, habits or associations pose a threat to the public interest or to the effective regulation and 

control of gaming, or create or enhance any danger of unsuitable, unfair, or iiiegai practices, 

methods, or activities in the operation or conduct of gaming by the Gaming Enterprise or the carrying 

on of any business or financial arrangemats incidental thereto. 

I. Preference in Employment. Members of the Pueblo and their Indian spouses and 

chldren shall receive preference in employment and advancement if they meet the qualifications for 

employment with the Gaming Entnprise or Manageme~t Contractor. If there are not qualified 

persons from among the Members of the Pueblo and their Indian spouses and children to fill any 

available positions, the Gaming Enterprise or Management Contractor shdl lure such qualified 

persons as are available, but it shall give prefzrence to qualified mem5ers of other Indian tribes. 

J. Personnel Policies and Benefits. 

1. The Gaming Enterprise shall adopt written personnel policies for employees 

of the Gaming Enterprise, which shall be provided to each employee. The policies shall include, but 
not be limited to a grievance process for an employee in cases of disciplinary or punitive action taken 

against an employee, and must include a process for appeals to persons of greater authority than the 

immediate supervisor of the employee. 

2. The Gaming Enterprise shall provide employment benefits, including but not 

lirn~.ted to sick Ieave, life insurance, paid annual leave, medical and dental insurance, unemployment 

and workers' compensation insurance through participation in programs offering benefits at least as 

favorable as those provided by comparable State programs. Such programs shall afford the 

em~~loyees due process of law and shall include an effective means for an employee to appeal an 

adverse determination by the insurer to an impxtial forum, such as (but not limited to) the Pueblo's 

Trillal Court, which appeal shall be decided in a timely manner and in an administrative or judicial 

proceeding and as to which no defense of tribal sovereign immunity will be available; and provided 

that, to fulfillthis requirement, the Pueblo may elect to participate in the State's prosmi ripun 

exelsution of an appropriate agreement with the State. 

K. Hiring and Training of Employees. The Gaming Enterprise shall provide sufficient 

training to all employees to enable them to perfom their jobs properly, and shall provide employees 

tvho are Members of the Pueblo with training specifically designed to enable such empIoyees to 

acquire the experience and skills necessary to advance within the Gaming Enterprise and to become 

managers and supervisors. 

L. Expenses of Training Employees. The expense of providing training to Members 

of the Pueblo and to their spouses and children shall be an operating expense of the Gaming 

Enterprise. 

Section 12. Suspension and Revocation of License, 

A. Grounds for Suspension and Revocation. If a Licensee makes a false statement 

in any application for a License, in my statement annexed thereto, or in any response to a request 

by the Commission for information; fails to keep sufficient books and reccrds to substantiate the 

reports required by this Gaming Ordinance or the regulations promulgated hereunder; falsifies any 

boclks or records relating to any transaction in connection with the operation or conduct of any 

Garnes of Chance; is convicted of any felony or gaming offense; interferes with or unduly influences 
or attempts to interfere or unduly to influence any decision or process of the government of the 

Puekllo relating to gaming; or deliberately or substantially fails to provide information to or answer 

relevant questions of the Commission or otherwise fails to comply with this Gaming Ordinance or 

the terms of any License granted pursuant hereto; or if the Commission receives reliable information 

from the National Indian Gaming Commission or any other source that the Licensee does not meet 

the sltandards established in this Gaming Ordinance; his or her License may be suspended;provided 

that, when the Commission receives reliable information from the National Indian Gaming 

Commission that the Licensee does not meet the standard established in this Gaming Ordinance, hs 

or hcz License shdi be suspended. After notice and a hearing before the Commission pursuant to 

this Section, such License aiso may be revoked, and the Commission shall noii~ the lu*ationd Indian 

Gaming Commission of its decision. This sanction is in addition to any other sancf; CIVIL fin th-t CIIUC mnxrkn IIIUJ VCI 

irnpclsed under this Gaming Ordinance. 

B. Notice; Immediate Suspension. Proceedings to suspend or revoke a License shall 

be rnitiated by the Commission by serving a cozp!zint qer! the Licmsee. If, ifithe C~mml;ission's 

judgment, the public interest; the effective regulation and control of gaming; or the safe, fair and 

honest operation and conduct of Games of Chance so requires, the Commission may suspend a 

License immediately, pending the holding of a hearing. Such an immediate suspension shall take 

effect upon service of the complaint upon the Licensee. 

C. Cmte~ts ~f Ca~~p?=ht; Se~,<ce. me carnp!gi~t shd! se? fcrtt the x,.;io!ztttions of this 

Gaming Ordinance whj_r.h the Cnmmiwi~n h_~ reasnnabihle cause to believe the Licensee has 

committed. The Commission shall cause the complaint and notice of hearing to be served personally 

upon. the Licensee or any agent of the Licensee, or to be sent by edified mail or overnight delivery 

to th12 Licensee at the address shcwn cpon the License. The c11rn~plair;t shall notify the Licensee of 

the place and date of a hearing, such date to be not less than twenty (20) days after the Licensee 

receives a copy of the complaint. 

D. Answer; Written Orders. Upon receipt of a complarnt and notice of hexhg, thc 

Licensee shall answer the complaint in writing within ten (1 0) days and shall inform the Commission 

whether the Licensee desires to present evidence. At the request of the Licensee for good cause 
shorwn, or on its own motion, the Commission shall issue written orders for the attendance of 

witnesses and for the production of papers, books, records and documents. 

E. Hearing; Written Decision. The hearing shall be held and concluded without 

m:asonable delay. The Commission shall hear the matter and issue a written deci sinn, including 

findings of fact in support of its decision, within thirty (30) days of the hearing. As soon as feasible, 

the Commission shall cause the decision to be served personally upon the Licensee or any agent of 

the Licensee, or to be sent by certified mail to the Licensee at the address shown upon the License, 

with a copy sent to the Tribal Council. h the event of a suspension, revocation, or reinstatement 

of ZL License, such decision shall state the effective date of the suspension, revocation, or 

. . reinstatement. The Commission also shall notify the National Indian Ga~iiig Cor~~lssloii md the 

State Gaming Representative of its decision. 

F. Surrender of License. When the Commission suspends or revokes a License, the 

Licensee shall surrender the License to the Commission on or before the effective date of the 

suspension or revocation. No License shall be valid as of the effective date of the suspension or 

revcrca'rion, whether surrendered or not, or whether the Commission's decision is appealed or nut. I ' 

G. Additional Sanctions. Upon its determination to suspend or revoke a License, the 

Conmission, in addition to any other penalties that may he imposed, may declare the Licensee 

:,,I : AL.1 e 4, ,,,,,t, ,, ,,d,.,+ P-m- am AC PLnmn, +n -,A; ,;-,+a a;mrrflr~ nr ;n~;re~t~rr in the IIIGIL&IUIL LW W~G~CLLL YL L.VIIUULL wu1~ka UI LJIIL~IIC.C., LU ~UU~~JJCLLL, u~lbbuy ul ILLULIV~~J~ rrr rllb 

operation or conduct of Games of Chance, or to apply for a License for a period not exceeding 

twelve (12) months. Such declaration of ineligibility may be extended to include any Primary 

Management Officials, Key Employees, owners, officers, or directors of the Licensee, and any of its 

sub:;idiary organizations, parent organizations, or affiliates. 

H. Appeal to Tribal Court. The decision of the Commission suspending or revohng 

a License may be appealed to the Tribal Court, and the Tribal Court shall have sole jurisdiction to 

conlsider and resolve such appeal. Written notice of the appeal must be filed with the Tribal Court 

and served on the Commission within seven (7) days of the Commission's decision. The Tribal 

Court may affirm, reverse, vacate, or modify the order of the Commission; provided that the Tribal 

Court shaIl affirm the order of the Commission unless such order was entered in violation of due 

process, was arbitrary or capricious, or was otherwise in contravention of applicable law. In reaching 
its decision, the Tribal Court shall consider only such evidence as appears in the records of the 

Commission and was available to the Commission at the time of its decision. The Tibal Court may 

but i:s not required to grant the appellant a hearing. The Tribal Court shall decide the appeal within 

fourteen (14) days after its filing, and the decision of the Tribal Court shall be fmal. 

Secbion 13. Prohibited Acts. In addition to the acts prohibited elsewhere in this Gaming 

Ordinance, it shdI be a violation of this Gaming Ordinance for any Person to: 

A. Conduct or participate in any gambling on the Reservation other than at an authorized 

and I icensed Gaming Facility; 

B. Receive, distribute, apply, or divd my property funds, proceeds, or other assets of 

the Gaming Enterprise to the benefit of any Person except as authorized by this Gaming Ordinance, 

the Compact, or IGRA; 

C. Tamper with any Gaming Machine or equipment used in the conduct of any gaming 

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the publicly-announced rules of the Gaming Enterprise. 

D. Do any other act in connection with the conduct of any Gaming Enterprise with the 

,+h, +L ,, :, .+,:+L +ha exrhl;nlrr 13nnn.lnnor7 intent of affecting the outcome of any wag*- GI UUXCL uiau 111 QCICIVIUQL~~G YY~LLJ LLIL ~UUIICIIY -ULULVU~~LUL 

mles, of such Gaming Enterprise; 

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mad,: after the outcome is made sure but before its is revealed to the players; 

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r. r lar;e, 11lc;redse, ur u~~r~dst: 8 uci ur cu UGLGLIL~L~IG LIIC LVUL~C UI play ~~LGI. U~YULLLII~ 

knowledge, not available to all players, of the outcome of the game or any event that affects the 

cutcome of the game or that is the subject of the bet or to aid anyone in acquirwg such knowledge 

for the purpose of placing, increasing, or decreasing a bet or determining the course of play 

contingent upon that event or outcome; 

G. Claim, collect or take, or attempt to claim, collect or t&e, money or anything of vzlue 

in ox. from a Gaming Machine or equipment, with intent to defraud, without having made a wager 

thereon, or to claim, collect or take an amount greater than the amount won; 
W. Place or increase a wager or bet after acquiring knowledge of the outcome of the 

gmle or other event that is the subject of the bet, including post-posting and pressing bets; 

I. Reduce the amount wagered nr cancel the het after acquiring knowledge of the 

outr:ome of the game or other event that is the subject of the bet, including pinching bets; 

I. Manipulate, with the intent to cheat, any component of an electronic Game of Chance 

ex Gaming Tvfachine in a manner c"~ib*~ Gie desigied ~1d nonllai operational piivose for the 

conlponent, including but not Iirnited to manipulating a Gaming Machine, with knowledge of any 

event that affects the outcome of the game; 

K. Knowingly use coins or tokens other than those approved by the Commission or other 

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

denomination as the coin intended to be used in the Gdng Machine; 

L. Possess, with the intent to use, any device to assist in projecting the outcome of the 

game, in keeping tract of he cards played, in analyzing the probability ofthe occurrence of dn event 

relating to the game, or in analyzing the strategy for playing or betting to be used in the game; 

M. Use any device or means to cheat, or to possess any such device while at the Gaming 

Facility; or 

N. Knowingly to entice ox induce another to go to any place where Class LI or Class III 

Garning is being conducted or operated in violation of the provisions of this Gaming Ordinance, 

TGFA and its regulations, the Compact, or other applicable law and regulation with the intent that 

the other person play or participate in that gaming. 

Section 14, Violations; Jurisdiction; Enforcement of Subpoenas. 

A. CrimhaI Penalties. 

1. Pursuant to Section 10 of the Compact, the State may exercise concurrent 

jurisdiction with the United States to prosecute violations by non-members of the Pueblo of any State 

gambling law on the Reservation, or any other crime against the Gaming Enterprise or any ernployce 

thereof, or that occurs on the Premises of a Gming Facility. Immediately upon becoming aware of 

any suspected crime by a non-member of the Pueblo, the Gaming Enterprise or the Commission wilI 

notify the State Attorney General and the District Attorney for Taos County of the particulars 
available. Upon any reasonable request by the District Attorney for Taos County, the Pueblo's Law 

Enforcement Agency and the Commission will perform additional investigation and cooperate fully 

with such District Attorney and State law enforcement agencies on the matter. In the event of an 

emergfncy involving a possibIe violation by a nonmember of the Pueblo, the Pueblo and its 

constituent agencies may detain such person and otherwise act as they see fit in accordance with the 

laws of the Pueblo in order to protect against any immediate threat to lives or property. 

2. The Pueblo may enter into a Memorandum of Understanding with theDistrict 

Attmaey for Taos County, to which Memorandum of Understanding the United States Attorney for 

the District of New Mexico also may be a party, to address such matters as the specific procedures 

by which cases under this Section will be referred, participation offhe Commission and the Pueblo's 

Law Enforcement Agency in the investigation and prosecution of any such case, and payments by 

the Pueblo to the Office of the District Attorney for Taos County to defiay the costs of handling such 

case!;. 

B. Civil Sanctions. The Commission is authorized to impose civil sanctions on any 

Person within the jurisdiction of the Pueblo that violates any provision of this Gaming Ordinance, 

including monetary penalties not exceeding five thousand dollars ($5,000) for each day such 

viol~~tion occurs along with any civil damages caused by the commission of such violation, denial 

or revocation of a License, exclusion from any Gaming Facility, and/or exclusion of non-Members 

of the Pueblo from the Reservation to the extent such exclusion is consistent with the laws of the 

Puehlo. 

C. Tribal Court Jurisdiction and Civil Remedies. 

1. Except as otherwise provided in this Gaming Ordinance, the Tribal Court shall 

have cxcZusive jirrisdiction over al matters ccncemicg the administration md enforcement of this 

Gaming Ordinance; provided, however, that nothing in this Gaming Ordinance is intended nor shall 

it be interpreted to preclude prosecution in federal court pursuant to the IGRA, as it may be amended 

fioxrl time to time, or any regulations promulgated thereunder, or any other applicable federal or 

tribal law; provided further, that nothing in this Gaming Ordinance shall be construed to authorize 

or re:quire the exercise of criminal jurisdiction over non-Indians except to the extent allowed by any 

applicable present or future Act of Congress or any applicable federal court decision. 
2. The Commission may bring a civil action in the Tribal Court against any 

Person who violates this Gaming Ordinance or engages in any activity or activities prohibited herein 

and recover monetary damages, attorney fees, injunctive relief, and/or any other relief that is just and 

equitab!e under the cirr~!mstz~ces. The Trib21 C~ll'tmzy ordm a Paso= wh~ c~s-r~!its mL i~te~~fifial 

or willful violation to pay punitive damages, which shall be assessed in an amount not to exceed 

thrt:e (3) times the actual damages or one thousand dollars ($1,000) per violation, whichever is 

gei3ter. 

3. Any Person who violates this Gaming Ordinance, or whose employees or agents in 

the course of their employment or agency violate his Gaming Ordinance, may have their sight to 

engage in business on the Reservation suspended or terminated. 

4. For good and sufficient cause found, the Tribal Court may exclude from the 

Reservation any Person who engages in EE activity in riolztion of this Gz=ing Ordinmce tc the 

exr,ter?t such exclcsi~n is n~t i~c~nsist~t with Lhe !av.rs: ~f the Pueb!~. 

5. The Tribal Court shall have jurisdiction over all violations of this Gaming Ordinance 

and over all Persons who are parties to a Management Contract entered pursuant thereto, including 

agents, employees, owners, directors, and officers of such parties, and riiay, in ddiiioii to the fither 

penalties and civil sanctions prescribed in this Section, grant such other legal and equitable relief as 

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Management Contract entered pursuant thereto, including but not limited to injunctive reIf ef against 

act:; in violation thereof. 

. Enforcement of Tribal Court and Commission Orders. If a Person is ordered by 

the Commission to attend or to produce books, accounts, records, or other documents in any 

investigation or hearing ccnducted by the Commission fails to obey the command of the subpoena 

wit:hout reasonable cause, or if a Person in attendance at any hearing or investigation refuses, without 

lawful cause, to be examined, to answer a legal and pertinent question, or to exhibit any book, 

. . account, record, gr other docurment xTvhen ordPsed ta do so by the fiAe COmmmrS~lVT! de~i~;sli~d r---- 

rep:resentative, the Commission may apply to the Tribal Court for an order returnable innot less than 

five (5) nor more than ten (1 0) days directing the Person to show cause why he or she sl.rould not 

conlply with such order. For purposes of this Gaming Ordinance, no person shall be excused from 
testifying or producing any books, accounts, records, or other documents in any investigation or 

hearing on the poiirid ii~zti such testimuny or documentary evidenr;c: may tend tu incriminate such 

person, unless the Commission, Tribal Council, or the Tribal Court agrees in writing that such 

Person shall not be prosecuted, punished, or subjected to any penalty or forfeiture resulting from 

such testimony or production; provided that no person shall be exempt from prosecution or 

punishment for any act of pqury committed by him under a grant of imnity under this 

Subsection. 

Section 15. Protection of Visitors-Visitor Claims. 

A. Resolving Visitor Claims of Liability for Bodily Injury or Property Damage. 

I. The Tribal Court shall have original jurisdiction over cIaims or demands by 

a visitor for bodily injury or property damage alleged to have been proximately caused by the 

conduct of the Gaming Enterprise; provided, however? that a visitor may elect to bring such claims 

arising on the Reservation in any court of competent jurisdiction, or in binding arbitration. 

2. Claims brought under this Section must be commenced by filing an actionin 

Tribal Corn? or sw~kg a dmzd fer zrbitrztion within thzee (3) yem ~f the d~te that the cldn 

accrues. 

3. Arbitration shall be conducted pursuant to an election by a visitor under this 

Section, as follows: 

a. The visitor shall submit awritten demand for arbitration to the Gaming 

Entcnprjse by certified mail, return receipt requested; 

b. The visitor and the Gaming Enterprise shall each designate an 

ahilrator within Lfiirty (30) d2ys of the date of receipt ofthe demand by the Gaming Enterprise: and 

the two arbitrators shall select a third arbitrator, however, in the event that the two arbitrators cannot 

agree on the selection of the third arbitrator within thirty (30) days of their appointment, they shall 

apply to the American Arbitration Association to appoint a third arbitrator; 

c. The arbitration panel shall permit the parties to engage in reasonable 

discovery and shall establish other procedures to ensure a full, fair, and expeditious hearing on the 

claim; and 
d. The award of the arbitration panel shall be final and binding. 

B. Liability Insurance and Limited Waiver of Sovereign Immunity; Increases in 

Liability Insurance Coverage Limits. 

3. The Gaming Enterprise will provide annually to the State Gaming 

Representative a certificate of insurance showing that it is maintaining in effect policies of liability 

insurance insuring the Gaming Enterprise, the Pueblo, and their agents and employees against 

claims, demands, or liability for bodily injury and property damages brought by a visitor arising fiorn 

an occurrence described in this Gaming Ordinance, and such policies shall provide bodily injury and 

property damage coverage in an amount of at least ten million dollars ($10,000,000) per occurrence 

mcl ten million doIIars ($10,000,000) annual aggregate and include a provision under which the 

insiurer agrees not to assat the defense of sovereign immunity on behalf of the insured up to the 

limits of such coverage. 

2. Pursuant to Section &(GI of the Compact, on the fifth anniversary of the 

Compact and every five (5) years thereafler, the liability insurance coverage requirements and the 

limit on the Pueblo's limited waiver of sovereign immunity set forthin Section 8@) of the Compact 

shall increase by apercentage equal to the percentage increase in the CPI-U published by the Bureau 

of Labor Statistics of the United Stgtes Dqarec$ ~f Lzba:, f~; the sme p&od, r~cndz;d t~ h?ie 

nearest one hundred thousand dollass ($100,000). 

C. Choice of Law. In any claim brought under the provisions of this Section, State law 

shall govern the substantive rights of the claimant and shall be applied by the forum in which the 

claim is heard; provided that the Tribal Court shall apply the laws of the Pueblo to m-y sr_?z:h dzim 

brought by a member of the Pueblo. 

Section 16. Public Health and Safetv. The Gaming Facility and all additions thereto shall 

conlply with health, safety, and conskuction standards that are at ieast as stringent as the current 

editions of theNational Electlical. Code: the Uniform Building Code, the U~ifclm Mecha~nicaI mde, 

the Unifonn Fire Code, and the Uniform Plumbing code. The Cornmission shall cause inspections 

to be conducted with respect to these standards at least annually. Pursuant to the Compact, the State 

Garning Representative may be present during an annual inspection, provided he request to be 
present is made sufficiently in advance of such inspection. Upon a written request by the State 

Galrling Representative, the Commission shall provide copies of such inspection reports to the State 

Ganling Representative. The Gaming Enterprise or Management Contractor shall correct any 

deficiencies noted in such inspections within a reasonable period of time as agreed upon by the 

Gaming Enterprise er Management Contractor and the State Gaming Reprcsmt&ive. 

Section 17. Inspections bv State Gaminr?: Remesentathe. 

A. Pursuant to Section 4[E) ofthe Compact, the State Gaming Representative shall have 

the right to inspect a Gaming Facility, Class 111 Gaming activity, and all records relating to Class 111 

Gaming, subject to the following conditions: 

1. With respect to public areas of a Gaming Facility, at any time without prior 

notice during the normal business hours of the Gaming Enterprise; and 

2. WWI. 1 

w Itn respect to private areas ofa Gaming Faciiizy not accessible to the public, 

at any time during normal business hours of the Gaming Enterprise, immediately after notimng the 

Commission and Gaming Enterprise of his or her presence on the Premises, presenting proper 

identification, and requesting access to the non-public areas of the Gaming Facility. 

B. Pursuant to the Section 4(E)(3) of the Compact, in the Pueblo" ddiscretion, an 

employee of the Gaming Enterprise or a rnmber of the Commission shaii accompany the State 

Gaming Representative at all times during which the State Gaming Representative is on the Premises 

of a Gaming Facility; provided that at least one employee or member of the Commission shall be 

available for such purpose. 

Seci.ion 18. 32iscellaneeus. 

A. Severability, In the event any provision of this Gaming Ordinance or the application 

iherl=of to my Person or circumstances is heid to be invalid or unerrforceabie by a court of compeleili 

jurisidiction, such holding shall not invalidate or render menforceable any other provision of this 

Gaming Ordinance. 

B. Gender. Any noun or pronoun used herein shall refer to any gender and to any 

number as the context requires or permits. 
ihtion 19. Sovereim Xmmunitr. Except as expressly and unequivocaEly stated 

herein, this Gaming Ordinance shaII not be construed as waiving the Pueblo's sovereign 

immunity from a mit fir my ;I'I:vme in my ccwt ether &hi as niaji be expressiy 

provided in the Compact and, except as expressly and specifically waived by resolution 

of the Tribal Council, the Pueblo and its Gaming Enterprise shall be immune from suit, 

and their officers and employees also shall be immune from suit for liability arising from 

the performance of their official duties. 

Z3ection 20. Amendments. 'This Gaming Ordinance may be amended by majority vote 

of the Tribal Council. The Commission or the Pueblo shall provide true copies of any 

zlmendments to this Gaming Ordinance to the National Indian Gaming Cornmission 

within fifteen (1 5) days after the adoptinn of the amendmen?s md to the Shte @fling 

Ilepresentative within thirty (30) days after their enactment or approval, if any. 

Section 21. Effective Date. Following adoption by the Tribal Council, the effective 

(late of this Gaming Ordinance, as amended and restated, shalI be the date of its approd 

by the National Indian Gaming Commission. 

The forgoing Taos Pueblo Second Amended and Restated Gaming Ordinance was 

adopted at a duly called meeting of the Taos Pueblo Tribal Council held on the 

2~~ day of OLTOSW, at which time a quom was present by a vote 

of ZO in favor and ' opposed. 5 P. FJ I €, . 

<?u , Gt49C&*< -, 

Paul T. Martinez, Governor I/' 

Carl N. Concha, Cacique %a~deornez Sr., Senior ~&ncihan 

/&dx &*t. 

Fmnk Marcus, Sr., Tribal Council 
ATTEST: 

-3- 

Del.bert Chisholm, Governor's Secretary 

m;LL- fl H. - 

r+- 

Michael A. Martinez, War ~6ef s Secretary