QUECHAN INDIAN TRIBE

Fort Yuma Indian Reservation

P.O. Box 11352

YUMA, ARIZONA 85366-9352

Phone (619) 572-0213

FAX (619) 572-2102

RESOLUTION

R0295

A Resolution of the Quechan Tribal Council approving the Gaming

Code.

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

THEREFORE

The Quechan Indian Tribe is a federally recognized Indian

Tribe organized under a Constitution and By-Laws approved

with revised amendments November 18, 1974, pursuant to

section 16 of the Indian Reorganization Act of June 18,

1934 (48 Stat. 984), as amended; and,

The Quechan Tribal Council is the dulyelected governing

body of the Quechan tribe and exercises governmentai

authority over lands within the Fort Yuma Reservation

located in California and Arizona; and,

Article IV of the Constitution and ByLaws of the Quechan

Tribe empowers of the Tribal Council to protect the

health, security and general welfare of the Tribe and its

members, to regulate the conduct of trade, to enact

ordinances and to manage the affairs of the Tribe; and,

The Indian Gaming Regulations Act requires that all Class

II and Class Ill gaming by Indian Tribes be conducted

pursuant to and in conformance with a tribal gaming

ordinance approved by the Chairman of the National Indian

Gaming Commission pursuant to the Act; and,

The National Indian Gaming commission has recommended

that the Quechan Tribal Gaming Code be amended to include

the following Class III gaming positions in the

definition of Key Employees: Pit Boss, Croupier, Dealer

and Approver of Credit; and,

BE IT RESOLVED, that the Quechan Tribal Council hereby

amends Title I, Section 2.25.2 of the Gaming Code of the

Quechan Indian Tribe by adding the following new

position.s into the existing definition of Key Employees:

Pit Boss, Croupier, Dealer, Approver of Credit.
Resolution R-02-95

Page 2

BE IT FURThER RESOLVED, that a copy of this resolution along with

a copy of the attached amendment be submitted to the

National Indian Gaming Commission.

BE IT FINALLY RESOLVED, that this Resolution shall remain in effect

until rescinded or superseded by further action of the

Quechan Tribal Council.

C E RTIF I C A T I 0 N

The foregoing Resolution was presented at a REGULAR Council Meeting

which convened on JANUARY 03 1995, duly approved by a vote of 4

for, 0 absent, 0 against, 2 abstained, by the Tribal Council of the

QUECHAN INDIAN TRIBE, pursuant to authority vested in it by Section

16 of theIHdi~~~ R g!izaiiun Act of June 18, 1934 (48 Stat. 984)

as amended by the Act of June 15, 1935 (49 Stat. 378) and Article

IV, Section 1 (a) and Section 15 of the Quechan Tribal Constitution

and ByLaws. This Resolution is effective as of the date of its

approval.

QUECHAN INDIAN TRIBE

by:

Mike Jack~on, Sr., President

Cone A. Ju~an, Secretary
QUECHAN INDIAN TRIBE

Fort Yuma Indian Reservation

P.O. Box 11352

YUMA, ARIZONA 85366-9352

Phone (619) 572-0213

FAX (619) 572-2102

DOCUMENT CERTIFICATION

This is to certify that the attached Gaming Code of the Quechan Indian Tribe,

enacted pursuant to Resolution No. R-42-94, September 15, 1994, and amended pursuant

to Resolution No. R-2-95, is a true and correct copy of that document.

£4~

Mike Jackson, Sr., President

Quechan Tribal Council

FRJ:sap

~ap/O 10695

0267/07271 3\CODENEW.CRT
QUECHAN INDIAN TRIBE

Fort Yuma Indian Reservation

P.O. Box 11352

YUMA, ARIZONA 85366-9352

Phone (619) 572-0213

FAX (619) 572-2102

RESOLUTION

R 4694

A Resolution of the Quechan Tribal Council for submission of a

Gaming Code and Regulations for approval by N.I.G.C..

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

THEREFORE

The Quechan Indian Tribe is a federally recognized Indian

Tribe organized under a Constitution and ByLaws approved

with revised amendments November 18, 1974 pursuant to

section 16 of the Indian Reorganization Act of June 18,

1934 (48 Stat. 984), as amended; and,

The Quechan Tribal Council is the duly-elected governing

body of the Quechan Tribe and exercises governmental

authority over lands within the Fort Yuma Reservation

located in California and Arizona; and,

By Resolution No. R42-94, enacted September 15, 1994 the

Quechan Tribal Council enacted a Class II and Class III

Gaming Code; and,

By Resolution No. R-43-94, enacted September 15, 1994 the

Quechan Tribal Council approved and adopted Regulations

to implement the Gaming Code of the Quechan Indian Tribe;

and,

The Indian Gaming Regulatory Act of 1988 (102 Stat.

2467), as amended, requires that tribal gaming codes be

approved by the Chairman of the National Indian Gaming

Commission and that regulations promulgate pursuant to

such gaming codes be submitted to the Chairman along with

any tribally enacted code.

BE IT RESOLVED, that the Quechan Tribal Council hereby

directs President, Fritz E. Brown, to submit the duly

enacted Gaming code of the Quechan Indian Tribe and

Regulations to implement the Gaming Code of the Quechan

Indian Tribe to the chairman of the National Indian

Gaming Commission for approval and asks the Chairman to

issue his approval as soon as possible; and,
Resolution R-46-94

Page 2

CERTIFICATION

The foregoing Resolution was presented at a SPECIAL Council Meeting

which convened on SEPTEMBER 15. 1994 duly approved by a vote of ~

for, ~ against, ~ absent, Q abstained, by the Tribal Council of the

QUECHAN INDIAN TRIBE, pursuant to authority vested in it by Section

16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984)

as amended by the Act of June 15, 1935 (49 Stat. 378, and Article

IV, Section 1 (a) and Section 15 of the Quechan Tribal Constitution

and By-Laws. This Resolution is effective as of the date of its

approval.

QUECHAN INDIAN TRIBE

Fritz

~. Brown, President

Cone A. Juan, ~ecretary
QUECHAN INDIAN TRIBE

Fort Yuma Indian Reservation

P.O. Box 11352

YUMA, ARIZONA 85366-9352

Phone (619) 572-0213

FAX (619) 572-2102

RESOLUTION

R-4594

A Resolution of the Quechan Tribal Council for Designation of Law

Enforcement Agency to take Fingerprints.

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

THEREFORE,

The Quechan Indian Tribe is a federally recognized Indian

Tribe organized under a Constitution and By-Laws approved

with revised amendments November 18, 1974 pursuant to

section 16 of the Indian Reorganization Act of June 18,

1934 (48 Stat. 984, as amended; and,

The Quechan Tribal Council is the duly-elected governing

body of the Quechan Tribe and exercises governmental

authority over lands within the Fort Yuma Reservation

located in California and Arizona; and,

By Resolution No. R-46-94, dated September 15, 1994, the

Quechan Tribal Council directed the President to submit

the Gaming Code of the Quechan Indian Tribe to the

Chairman of the National Indian Gaming Commission for

approval under federal law; and,

Regulations at 25 C.F.R. Section 522.2 (h) requires that

as part of the submittal process the Tribe must identify

the law enforcement agency that will be responsible for

taking Class II gaming license applicants fingerprints

and send them directly to the National Indian Gaming

Commission, to be forwarded to the Federal Bureau of

Investigations, National Criminal Information Center for

a criminal records search; and,

The Yuina County Arizona Sheriff has agreed to provide

fingerprinting services to the Tribe for the purpose of

licensing Class II gaming employees and management

officials.

BE IT RESOLVED, that the Quechan Tribal Council hereby

designates the Yuma County Arizona Sheriff as the law

enforcement agency that will take class II gaming license

applicants fingerprints and send them directly to the

National Indian Gaming Commission, to be forwarded to the

Federal Bureau of Investigations, Criminal records

search.
Resolution R-45-94

Page 2

BE IT FURTHER RESOLVED, that this Resolution shall remain in effect

until rescinded or superseded by further action of the

Quechan Tribal Council.

CERTIFICATION

The foregoing Resolution was presented at a SPECIAL Council Meeting

which convened on SEPTEMBER 15, 1994 duly approved by a vote of 6

for, .~ against, ~ absent, .Q abstained, by the Tribal Council of the

QUECHAN INDIAN TRIBE, pursuant to authority vested in it by Section

16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984)

as amended by the Act of June 15, 1935 (49 Stat. 378, and Article

IV, Section 1 (a) and Section 15 of the Quechan Tribal Constitution

and By-Laws. This Resolution is effective as of the date of its

approval.

QUECHAN INDIAN TRIBE

Fritz E. rown, President

Cone A. Juan~\SecretarY
QUECHAN INDIAN TRIBE

Fort Yuma Indian Reservation

P.O. Box 11352

YUMA, ARIZONA 85366-9352

Phone (619) 572-0213

FAX (619) 572-2102

RESOLUTION

R 4494

A Resolution of the Quechan Tribal Council Designating an Agent for

Gaming Notice.

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

THEREFORE

The Quechan Indian Tribe is a federally recognized Indian

Tribe organized under a Constitution and ByLaws approved

with revised amendments November 18, 1974 pursuant to

section 16 of the Indian Reorganization Act of June 18,

1934 (48 Stat. 984), as amended; and,

The Quechari Tribal Council is the duly-elected governing

body of the Quechan Tribe and exercises governmental

authority over lands within the Fort Yuma Reservation

located in California and Arizona; and,

The Quechan Indian Tribe desires to engage in Class TI

and Class III gaming activities authorized by the Indian

Gaming Regulatory Act of 1988 (102 Stat. 2467), as

amended; and,

Regulations promulgated under the Act require that the

Tribe designate a tribal agent for service by the

National Indian Gaming Commission.

BE IT RESOLVED, that the Quechan Tribal Council hereby

designates President Fritz E. Brown, as the registered

agent of the Tribe for purposes of 25 C.F.R. Section

519.1 and designates the office of the President, Quechan

Tribal Council, P.O. Box 11352, Yuma, Arizona 85366-9352

as the mailing address of the registered agent; and,

BE IT FURTHER RESOLVED, that this Resolution shall remain in

effect until rescinded or superseded by further action of

the Quechan Tribal Council.
Resolution R-44-94

Page 2

CERTIFICATION

The foregoing Resolution was presented at a SPECIAL Council Meeting

which convened on SEPTEMBER 15. 1994 duly approved by a vote of ~

f or, Q against, Q. absent, ~. abstained, by the Tribal Council of the

QUECHAN INDIAN TRIBE, pursuant to authority vested in it by Section

16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984)

as amended by the Act of June 15, 1935 (49 Stat. 378, and Article

IV, Section 1 (a) and Section 15 of the Quechan Tribal Constitution

and ByLaws. This Resolution is effective as of the date of its

approval.

QUECHAN INDIAN TRIBE

Fritz E. rown, President

Cone A. Jua Secretary
QUECHAN INDIAN TRIBE

Fort Yuma Indian Reservation

P.O. Box 11352

YUMA, ARIZONA 85366-9352

Phone (619) 572-0213

FAX (619) 572-2102

RESOLUTION

R4394

A Resolution of the Quechan Tribal Council for approval of the

Gaming Regulations.

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

The Quechan Indian Tribe is a federally recognized Indian

Tribe organized under a Constitution and By-Laws approved

with revised amendments November 18, 1974 pursuant to

section 16 of the Indian Reorganization Act of June 18,

1934 (48 Stat. 984), as amended; and,

The Quechan Tribal Council is the duly-elected governing

body of the Quechan Tribe and exercises governmental

authority over lands within the Fort Yuma Reservation

located in California and Arizona; and,

By Resolution No. R4294 enacted September 15, 1994, the

Quechan Tribal Council enacted a Class II and Class III

Gaming Code; and,

Regulations are necessary to implement the Gaming Code,

including restrictions on authorized games, patron

disputes, and background checks and licensing procedures

for Class II key employees and primary management

officials.

THEREFORE, BE IT RESOLVED, that the Quechan Tribal Council hereby

approves and adopts the Regulations to Implement the

Gaming Code of the Quechan Indian Tribe in the form

attached hereto; and,

BE IT FURTHER RESOLVED, that all prior gaming regulations of the

Tribe, to the extent that they are inconsistent with

these regulations, are hereby repealed; and,

BE IT FURTHER RESOLVED, that this Resolution shall remain in effect

until rescinded or superseded by further action of the

Quechan Tribal Council.
Resolution R-43-94

Page 2

C ER TI F I CATION

The foregoing Resolution was presented at a SPECIAL Council Meeting

which convened on SEPTEMBER 15. 1994 duly approved by a vote of .~

for, Q against, Q absent, Q abstained, by the Tribal Council of the

QUECHAN INDIAN TRIBE, pursuant to authority vested in it by Section

16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984)

as aniended by the Act of June 15, 1935 (49 Stat. 378, and Article

IV, Section 1 (a) and Section 15 of the Quechan Tribal Constitution

and By-Laws. This Resolution is effective as of the date of its

approval.

QUECI-LAN INDIAN TRIBE

Fritz E. own, President

Cone A. Juan,1ecrØtary
QUECHAN INDIAN TRIBE

Fort Yuma Indian Reservation

P.O. Box 11352

YUMA, ARIZONA 85366-9352

Phone (619) 572-0213

FAX (619) 572-2102

RESOLUTION

R4294

A Resolution of the Quechan Tribal Council approving the Gaming

Code.

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

The Quechan Indian Tribe is a federally recognized Indian

Tribe organized under a Constitution and ByLaws approved

with revised amendments November 18, 1974, pursuant to

section 16 of the Indian Reorganization Act of June 18,

1934 (48 Stat. 984), as amended; and,

The Quechan Tribal Council is the duly-elected governing

body of the Quechan tribe and exercises governmental

authority over lands within the Fort Yuma Reservation

located in California and Arizona; and,

Article IV of the Constitution and By-Laws of the Quechan

Tribe empowers of the Tribal Council to protect the

health, security and general welfare of the Tribe and its

members, to regulate the conduct of trade, to enact

ordinances and to manage the affairs of the Tribe; and,

The Indian Gaming Regulations Act requires that all Class

II and Class III gaming by Indian Tribes be conducted

pursuant to and in conformance with a tribal gaming

ordinance approved by the Chairman of the National Indian

Gaming Commission pursuant to the Act.

THEREFORE, BE IT RESOLVED, that the Quechan Tribal Council hereby

enacts the Gaming code of the Quechan Indian Tribe in the

form attached and hereto; and,

BE IT FURTHER RESOLVED, that all prior gaming codes, ordinances and

resolutions of the Tribe are hereby repealed; and,

BE IT FURTHER RESOLVED, that this Resolution shall remain in effect

until rescinded or superseded by further action of the

Quechan Tribal Council.
Resolution R-42-94

Page 2

CERTIFICATION

The foregoing Resolution was presented at a SPECIAL Council Meeting

which convened on SEPTEMBER 15. 1994 duly approved by a vote of ~

f or, Q against, Q absent, ~ abstained, by the Tribal Council of the

QUECHAN INDIAN TRIBE, pursuant to authority vested in it by Section

16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984)

as amended by the Act of June 15, 1935 (49 Stat. 378, and Article

IV, Section 1 (a) and Section 15 of the Quechan Tribal Constitution

and By-Laws. This Resolution is effective as of the date of its

approval.

QUECHAN INDIAN TRIBE

By:

Cone A. Jua~ Secretary
GAMING CODE

OF THE

QUECHAN INDIAN TRIBE

Enaded September 15, 1994 Amended Januar~i 3, 1995

Quechan Resolution No. R-42.94 Quethan RgSOIUtIOn No. R-2-95
GAMING CODE

OF THE

QUECHAN INDIAN TRIBE

TABLE OF CONTENTS

TITLE I GENERAL

Section 1. . . . .

1

1.1 . . . .

1

1.2 ....

2

1.3 2

Definitions

Applicant

Application

Arizona Compact

Bingo

Cheating

Code

Compensation

Council or Tribal Council

Distributor

Enrolled tribal member

Gaming or gaming activity

Gaming device or electronic game of chance

Gaming employee

Gaming equipment

Gaming facility

Gaming facility operator,

Gaming operation

Gaming services

Gaming ticket

Immediate family

Indian Gaming Regulatory Act or IGRA

Indian lands,

Interactive terminal or video lottery terminal

Keno

Key employee

License

Licensee

Gaming Code of the Quechan Indian Tribe Table of Contents

Page i

Enacted September 15, 1994

Quechan Resolution No. R-42-94

Findings, Purposes and Policy

Findings

Purposes

Tribal Policy of Self-Government

Section 2.

2.1

2.2

2.3

2.4

2.5

2.6

2.7

2.8

2.9

2.10

2.11

2.12

2.13

2.14

2.15

2.16

2.17

2.18

2.19

2.20

2.21

2.22

2.23

2.24

2.25

2.26

2.27

4

4

4

4

4

4

4

4

5

5

5

5

5

5

5

5

68

2.28 Management contract
General Provisions

Authority and Sovereign Powers

Title, Repeal of Prior Laws, and

Classes of Gaming

3.3.1 Class I gaming

3.3.2 Class II gaming

33.3 Class III gaming

3.4 Construction

Section 4.

4.1

4.2

4.3

4.4

4.5

4.6

4.7

4.8

4.9

4.10

4.11

Gaming Code of the Quechan Indian Tribe

Enacted September 15, 1994

Quechan Resolution No. R-42-94

13

13

13

13

13

13

134

14

14

14

15

... 15

Table of Contents

Page ii

Management contractor

Manufacturer

National Indian Gaming Commission

Net revenues

Participate

Person

Player

Player-activated lottery terminal

Primary management official

2.29

2.30

2.31

2.32

2.33

2.34

235

236

2.37

2.38

2.39

2.40

2.41

2.42

2.43

2.44

2.45

2.46

2.47

2.48

2.49

Section 3.

3.1

3.2

3.3

8

8

8

8

8

8

8

8

9

9

9

10

10

10

10

10

10

10

10

10

10

Principal

Progressive gaming

Pull-tabs, punchboards, and tip jars

RatTle

Reservation

State

State certification

State gaming agency

Tribe

Tribal Gaming Commission

Tribal police department..

Wager

11

and Responsibilities 11

Effect of Repeal 11

112

12

Tribal Gaming Commission

Establishment

Location and Place of Business

Duration

Attributes

Recognition as a Political Subdivision of the Tribe

Sovereign Immunity of the Tribe

Sovereign Immunity of the Tribal Gaming Commission

Waiver of Sovereign Immunity of the Tribal Gaming Commission

Credit of the Tribe or Tribal GamingCommission

Assets of the Tribal Gaming Commission

Membership

4.11.lNumberofCommissioners
4.11.2 Qualification of Commissioners 15

4.113 Class Ill Tribal Gaming Employee License 16

4.12 Term of Office 16

4.13 Ex-Officio Members 16

4.14 Organization 16

4.15 Meetings 17

4.15.1 Regular Meetings 17

4.15.2 Special Meetings 17

4.15.3 Compensation of Commissioners 17

4.15.4 Quorum 17

4.15.5 Voting 17

4.16 Removal of Members and Appointment to Fill Vacancies 17

4.16.1 Removal 17

4.16.2 Appointment 17

4.17 Conflict of Interest 18

4.18 Powers of the Tnbal Gaming Commission 18

4.19 Annual Budget 22

4.20 Commission Director 22

4.21 Tribal Gaming Commission Regulations 22

4.22 Right of Entrance; Bi-Monthly Inspection 23

4.23 Investigations 23

4.24 Hearings; Examiner 23

4.25 Appointment of Examiner; Power of Examiner 24

4.26 Quarterly Report of Tribal Gaming Commission 24

4.27 Additional Rights, Duties and Responsibilities of the Tribal Gaming

Commission Regarding Class III Gaming in Arizona 24

Section 5. Provisions of General Applicability to All Tribal Gaming Activities 25

5.1 Tribal Gaming Licenses Required 25

5.2 Bank Accounts and Recordkeeping 25

5.2.1 Bank Account for Tribally Owned Gaming Operation 25

5.3 Audit Requirements 26

5.4 Notices to the Public 26

5.5 Age Restrictions 26

5.6 Equipment Restrictions 27

5.7 Methods of Payments 27

5.8 Compliance Requirements 27

5.9 Miscellaneous 28

Section 6. Enforcement 30

6.1 Jurisdiction 30

6.2 Prohibited Acts 30

6.3 Criminal Violation 32

6.4 Civil Violation 32

Gaming Code of the Quechan Indian Tribe Table of Contents

Page iii

Enacted September 15, 1994

Quechan Resolution No. R-42-94
6.5 cumulative Fines 32

6.6 Purpose of Civil Penalties 32

6.7 CM! Action for Penalties 32

6.8 Seizure and Forfeiture of Property 32

6.9 Reporting of Offenders 33

Section 7. Use of Revenues, Maintenance of Records and Management

Contracts 34

7.1 Use of Net Revenues of Gaming Operations and Gaming Facility

Operators 34

7.2 Maintenance of Records 34

Section 8. Gaming Management Contract Requirements 36

8.1 License; Approval 36

8.2 Approval Procedures 36

8.3 Compliance with 25 C.F.R. Part 531 37

8.4 Submission to National Indian Gaming Commission 37

Section 9. Severability 38

Section 10. Effective Date 39

TITLE H

Section 1. Applicability 40

Section 2. Authorized Class H Games 41

2.1 Class II gaming 41

Section 3. Tribal Licenses Required to Operate Class LI Gaining Activity 42

Section 4. Class H Gaming Operation License 43

4.1 (li-rent and Valid Class II Gaming Operation License Required 43

4.2 Application for Class II Gaming Operation License 43

4.3 Procedure for Review of Class II Gaming Operation License

Application 43

4.4 Criteria for Issuance of a Class II Gaming Operation License 43

4.5 Grounds for Denial of Class II Gaming Operation License 45

4.6 Fee for Class II Gaming Operation License Application 45

4.7 Scope of Class II Gaming Operation License 45

4.8 Form of Class ii Gaming Operation License 45

4.9 Term of Class II Gaming Operation License 45

4.10 Posting of Class II Gaining Operation License 45

Gaming Code of the Quechan Indian Tril,e Table of Contents

Pagew

Enacted September 15, 1994

Quechan Resolution No. R-42-94
4.11 Renewal of Class II Gaming Operation License 45

4.12 Annual Reports 46

Section 5. Class II Gaming Facility License 48

5.1 Current and Valid Class II Gaming Facility License Required 48

5.2 Application Procedure for Class II Gaming Facility License 48

5.3 Procedure for Review of Class II Gaming Facility License

Application 48

5.4 Criteria for Issuance of a Class II Gaming Facility License 48

5.5 Grounds for Denial of Class II Gaming Facility License 49

5.6 Fee for Class II Gaming Facility License Application 49

5.7 Scope of Class II Gaming Facility License 49

5.8 Form of Class II Gaming Facility License 50

5.9 Term of Class II Gaming Facility License 50

5.10 Posting of Class II Gaming Facility License. 50

5.11 Renewal of Class II Gaming Facility License 50

Section 6. Class II Tribal Gaming Employee License, Including Primary

Management Officials and Key Employees 51

6.1 Current and Valid Class II Tribal Gaming Employee License

Required 51

6.2 Application Procedure for Class II Tribal Gaming Employee License 51

6.3 Fee for Class II Tribal Gaming Employee License 54

6.4 Procedure for Review of Class II Tribal Gaming Employee License

Application 54

6.5 Grounds For Denial of Class II Tribal Gaming Employee License 55

6.6 Scope of Class II Tribal Gaming Employee License 56

6.7 Form of Class II Tribal Gaming Employee License 56

6.8 Term of Class II Tribal Gaming Employee License 56

6.9 Renewal of Class H Tribal Gaming Employee License 56

6.10 Requirement to Produce License Upon Request 56

6.11 No Implied Right 56

Section 7. Class II Gaming Vendor License 57

7.1 Current and Valid Class II Gaming Vendor License Required 57

7.2 Application Procedure for Class II Gaming Vendor License 57

7.3 Fee for Class II Gaming Vendor License 57

7.4 Form of Class II Gaming Vendor License 58

7.5 Procedure for Review of Class II Gaming Vendor License

Application 58

7.6 Action by Tribal Gaming Commission; Grounds for Denial of Class II

Gaming Vendor License 58

7.7 Term of Class II Gaming Vendor License; Renewal 58

Gaming Code of the Quechan Indian Tribe Table of Contents

Page v

Enacted September 15, 1994

Quechan Resolution No. R-42.94
Section 8. Procedures for Denial, Suspension or Revocation of Class II Gaming

Licenses 60

8.1 Grounds 60

8.2 Notice 60

8.3 Hearing 60

8.4 Procedure for Emergency Suspension of a aass II Tribal Gaming

License 61

8.4.1 Grounds 61

8.4.2 Notice 61

8.4.3 Hearing 61

8.5 Mandatoiy Immediate Suspension of Class II Tribal Gaming

Employees 61

8.6 Duty of Tribal Gaming Participants to Cease Gaming Activity 61

8.7 Final Decision 61

TITLE ifi -- CLASS ifi GAMING I?~ THE STATE OF ARIZONA

Section 1. Applicability 62

Section 2. Class ifi Games Authorized for Play in the State of Arizona 63

2.1 Authorized Class III Games 63

2.2 Technical Requirements Applicable to the Class III Games Authorized

for Play in Arizona 63

2.3 Number of Games and Locations 64

23.1 Number of Gaming Devices 64

23.2 Number of Keno Games 64

23.3 Authorized Gaming Facility Locations 64

Section 3. Tribal License Required to Operate Authorized Class ifi Gaming

Activity 65

Section 4. Class ifi Gaming Facility Operator License 66

4.1 Current and Valid Class III Gaming Facility Operator License

Required 66

4.2 Prerequisite to Issuance of Any Class Ill Gaming Facility Operator

License 66

4.3 Application Procedure for a Class III Gaming Facility Operator

License 66

4.4 Procedure for Review of Class III Gaming Facility Operator License

Application 66

4.5 Criteria for Issuance of a Class III Gaming Facility Operator

License 66

4.6 Grounds for Denial of Class III Gaming Facility Operator License 70

Gaining Code of the Quechan Indian Tribe Table of Contents

Page vi

Enacted September 15, 1994

Quechan Resolution No. R-42-94
4.7 Fee for c~ iii Gaining Facility Operator License 71

4.8 Scope of Class III Gaining Facility Operator License 71

4.9 Form of Class Ill Gaming Facility Operator License 71

4.10 Term of Class HI Gaming Facility Operator License 71

4.11 Posting of Class III Gaming Facility Operator license 71

4.12 Renewal of Class III Gaming Facility Operator License 71

4.13 Annual Reports 71

4.14 Notification of Change of Principals 73

Section 5. Class LII Gaming Facility License 74

5.1 Current and Valid Class III Gaming Facility License Required 74

5.2 Application Procedure for Class III Gaming Facility License 74

5.3 Procedure for Review of Class III Gaming Facility License

Application 74

5.4 Criteria for Issuance of a Class III Gaming Facility License 74

5.5 Grounds for Denial of Class III Gaming Facility License 76

5.6 Fee for Class III Gaming Facility license Application 76

5.7 Form of Class III Gaming Facility License 76

5.8 Scope of Class III Gaming Facility license 76

5.9 Term of Class III Gaming Facility License 76

5.10 Posting of Class III Gaming Facility license 76

5.11 Renewal of Class III Gaming Facility license 76

Section 6. Class LII Tribal Gaming Employee License, Including Primary

Management Officials and Key Employees 78

6.1 Current and Valid Class III Tribal Gaming Employee License

Required 78

6.2 Application Procedure for Class III Tribal Gaming Employee

License 78

6.3 Procedure for Review of Class III Gaming Employee License

Application 78

6.3.1 licensing of Tribal Members 78

6.3.2 Licensing of Nontribal Members 79

6.3.3 Reliance on Current State Certification 80

63.4 Retention of Files 80

6.4 Grounds for Denial of Class III Gaming Employee license 80

6.5 Fee for Class III Tribal Gaming Employee license 82

6.6 Scope of Class III Tribal Gaming Employee License 82

6.7 Form of Class III Tribal Gaming Employee license 82

6.8 No Implied Right 82

6.9 Licensing Period 82

6.10 Renewal of Class III Tribal Gaming Employee license 83

6.11 Requirement to Produce Class III Tribal Gaming Employee license

~.Jpon 1~equest . . . . . 83

Gaming Code of the Quechan Indian Tribe Table of Contents

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
6.12 Grounds for Denial, Suspension, or Revocation of Class III Tribal

Gaming Employee License 83

Section 7. 86

7.1 86

7.2 86

7.3 86

7.4 86

7.5 86

7.6 86

7.7 87

7.8 87

7.9 87

7.10 87

7.11

87

Section 8. 88

8.1 88

8.2 88

8.3

89

89

89

89

90

Section 9.

91

9.1 91

9.2 91

9.3 91

9.4

92

92

92

92

92

92

92

92

Class ifi Management Contractor License

Class III Management Contractor License Required

Review of Class III Management Contractor License Application

Certification by the State of Arizona

Criteria for Issuance of a Class III Management Contractor License

Fee for Class III Management Contractor License

Scope of Class III Management Contractor License

Form of Class III Management Contractor License

Term of Class III Management Contractor License

Posting of Class III Management Contractor License

Annual Update of Licensees Background Information

Notification of Change of Principals; Grounds for Denial, Suspension

or Revocation of Class III Gaming Management Contractor License

Class ifi Gaming Vendor License

Current and Valid Class III Gaming Vendor License Required

Application Procedure for Class III Gaming Vendor License

Procedure for Review of Class III Gaming Vendor License

Application

8.4 Action by Tribal Gaming Commission; Grounds for Denial of Class III

Gaming Vendor License

8.5 Fee for Class III Gaming Vendor License

8.6 Form of Class III Gaming Vendor License

8.7 Term of Class III Gaming Vendor License; Renewal

Procedures for Denial, Suspension or Revocation of Class ifi Tribal

Gaming License

Grounds

Notice

Hearing

Procedure for Emergency Suspension of a Class III Tribal Gaming

License

9.4.1 Grounds

9.4.2 Notice

9.4.3 Hearing

9.5 Mandatoiy Immediate Suspension of Class III Tribal Gaming

Employees

9.6 Duty of Tribal Gaming Participants to Cease Gaming Activity

9.7 Copies to State Gaming Agency

9.8 Final Decision

Table of Contents

Page viii

Gaming Code of the Quechan Indian Tribe

Enacted September 15, 1994

Quechan Resolution No. R-42-94
GAMING CODE

OF THE

QUECHAN INDIAN TRIBE

TITLE I

GENERAL
GAMING CODE

OF THE

QUECHAN INDIAN TRIBE

TUlLE I

GENERAL

Section 1. Findings, Purposes and Policy 1

1.1 Findings 1

1.2 Purposes 2

1.3 Tribal Policy of Self-Government 2

Section 2. Definitions 4

2.1 Applicant 4

2.2 Application 4

2.3 Arizona Compact 4

2.4 Bingo 4

2.5 Cheating 4

2.6 Code 4

2.7 Compensation 4

2.8 Council or Tribal Council 4

2.9 Distributor 4

2.10 Enrolled tribal member 4

2.11 Gaming or gaming activity 5

2.12 Gaming device or electronic game of chance 5

2.13 Gaming employee 5

2.14 Gaming equipment 5

2.15 Gaming facility 5

2.16 Gaming facility operator, 5

2.17 Gaming operation 5

2.18 Gaming services 5

2.19 Gaming ticket 6

2.20 Immediate family 6

2.21 Indian Gaming Regulatory Act or IGRA 6

2.22 Indian lands, 6

2.23 Interactive terminal or video lottery terminal 6

2.24 Keno 6

2.25 Key employee 6

2.26 License 8

2.27 Licensee 8

2.28 Management contract 8

2.29 Management contractor 8

2.30 Manufacturer 8

2.31 National Indian Gaming Commission 8

Gaming Code of the Quechan Indian Tnbe Title I

Page i

Enacted September 15, 1994

Quechan Resolution No. R-42-94
2.32

233

2.34

2.35

2.36

2.37

2.38

2.39

2.40

2.41 Raffle

Reservation

State

State certification

State gaming agency

Tribe

Tribal Gaming Commission

Tribal police department..

Wager

General Provisions

Authority and Sovereign Powers

Title, Repeal of Prior Laws, and

Classes of Gaming

3.3.1 Class I gaming

33.2 Class II gaming

33.3 Class III gaming

3.4 Construction

and Responsibilities

Effect of Repeal

Gaming Code of the Quechan Indian Tribe

Enacted September 15, 1994

Quechan Resolution No. R-42-94

Title I

Page ii

Net revenues 8

Participate 8

Person 8

Player 8

Player-activated lottery terminal 8

Primary management official 9

Principal 9

Progressive gaining 9

Pull-tabs, punchboards, and tip jars 10

10

10

2.42

2.43

2.44

2.45

2.46

2.47

2.48

2.49

Section 3.

3.1

3.2

3.3

11

11

11

11

11

11

12

12

13

13

13

13

13

13

14

14

14

14

15

15

15

16

Section 4. Tribal Gaming Commission

4.1 Establishment

4.2 Location and Place of Business

4.3 Duration

4.4 Attributes

4.5 Recognition as a Political Subdivision of the Tribe

4.6 Sovereign Immunity of the Tribe

4.7 Sovereign Immunity of the Tribal Gaming Commission

4.8 Waiver of Sovereign Immunity of the Tribal Gaming Commission..

4.9 Credit of the Tribe or Tribal Gaming Commission

4.10 Assets of the Tribal Gaming Commission

4.11 Membership

4.11.1 Nwnber of Commissioners

4.11.2 Qualification of Commissioners

4.11.3 Class III Tribal Gaming Employee License

4.12 lerni of Office
4.13 Ex-Officio Members 16

4.14 Organization 16

4.15 Meetings 17

4.15.1 Regular Meetings 17

4.15.2 Special Meetings 17

4.15.3 Compensation of Commissioners 17

4.15.4 Quorum 17

4.15.5 Voting 17

4.16 Removal of Members and Appointment to Fill Vacancies 17

4.16.1 Removal 17

4.16.2 Appointment 17

4.17 Conflict of Interest 18

4.18 Powers of the Tribal Gaming Commission 18

4.19 Annual Budget 22

4.20 Commission Director 22

4.21 Tribal Gaming Commission Regulations 22

4.22 Right of Entrance; Bi-Monthly Inspection 23

4.23 Investigations 23

4.24 Hearings; Examiner 23

4.25 Appointment of Examiner; Power of Examiner 24

4.26 Quarterly Report of Tribal Gaming Commission 24

4.27 Additional Rights, Duties and Responsibilities of the Tribal Gaming

Commission Regarding Class III Gaming in Arizona 24

Section 5. Provisions of General Applicability to All Tribal Gaming Activities 25

5.1 Tribal Gaming Licenses Required 25

5.2 Bank Accounts and Recordkeeping 25

5.2.1 Bank Account for Tribally Owned Gaming Operation 25

5.3 Audit Requirements 26

5.4 Notices to the Public 26

5.5 Age Restrictions 26

5.6 Equipment Restrictions 27

5.7 Methods of Payments 27

5.8 Compliance Requirements 27

5.9 Miscellaneous 28

Section 6. Enforcement 30

6.1 Jurisdiction 30

6.2 Prohibited Acts 30

6.3 Criminal Violation 32

6.4 Civil Violation 32

6.5 Cumulative Fines 32

6.6 Purpose of Civil Penalties 32

6.7 Civil Action for Penalties 32

Gaming Code of the Quechan Indian Tribe Title I

Page iii

Enacted September 15, 1994

Quechan Resolution No. R-42-94
6.8 Seizure and Forfeiture of Property 32

6.9 Reporting of Offenders 33

Section 7. Use of Revenues, Maintenance of Records and Management

Contracts 34

7.1 Use of Net Revenues of Gaming Operations and Gaming Facility

Operators 34

7.2 Maintenance of Records 34

Section 8. Gaming Management Contract Requirements 36

8.1 License; Approval 36

8.2 Approval Procedures 36

8.3 Compliance with 25 C.F.R. Part 531 37

8.4 Submission to National Indian Gaming Commission 37

Section 9. Severability 38

Section 10. Effective Date 39

Gaming Code of the Quechan Indian Tribe Title I

Page iv

Enacted September 15, 1994

Quechan Resolution No. R-42-94
GAMING CODE

OF THE

QUECHAN INDIAN TRIBE

TITLE I

GENERAL

A law to authorize, license and regulate certain forms of gaming within the

jurisdiction of the Quechan Indian Tribe.

Section 1. Findings, Purposes and Policy.

1.1 Findings. The Quechan Tribal Council finds that:

1.1.1 Tribal regulation and control of gaming activity within the jurisdiction

of the Quechan Indian Tribe is essential for the protection of public health and

welfare, and the interests of the Tribe and the residents of and visitors to the tribal

community.

1.1.2 The Tribe has the legal authority to license and regulate all gaming

activity not specifically prohibited by federal law, within the jurisdiction of the Tribe.

1.1.3 Properly licensed and regulated gaming activities conform with

announced federal policy promoting Indian self-government and Indian tribal

economic self-sufficiency.

1.1.4 It is essential that the Tribe, through its Tribal Council, regulate gaming

in a manner commensurate with federal and tribal law and policy.

1.1.5 The present needs of the Tribe include increased employment, job and

skills training, housing, quality health care, improved nutrition, educational

opportunities, social services, law and order, public safety and judiciary, and

community and economic development. These needs are not adequately addressed

by present tribal, federal and state programs.

1.1.6 Tribal operation and licensing of gaming activities on the Reservation

are appropriate means of generating revenue to address the needs of the Tribe.

1.1.7 The Tribe is vigorously pursuing its goal of self-sufficiency and

self-determination through the development of tribal businesses and enterprises.

Because the Fort Yuma Indian Reservation lacks income-generating natural resources

and because the Tribes tax base is almost nonexistent, the Tribe must rely on tribal

business development to raise the funds necessary to expand its social, health, and

Gaming Code of the Quechan Indian Tribe Title I

Page 1

Enacted September 15, 1994

Quechan Resolution No. R-42-94
education programs, increase employment and improve its on-Reservation economy.

This effort has recently become increasingly important as a result of cutbacks in

federal and state funding and the increased costs of self-government. It is therefore

essential that the Tribe develop new and expanded sources of revenue to support its

increasing governmental needs and to provide much needed employment and training

for tribal members.

1.1.8 As a result, the adoption of this Code is in the best interest of the

Quechan Indian Tribe.

1.2 Purposes. The purposes of this Code are to:

1.2.1 Regulate, control, and license the operation of all Class II and Class III

gaming within the jurisdiction of the Tribe.

1.2.2 Ensure that the operation of tribally regulated gaming will continue as

a means of generating tribal revenue.

1.2.3 Ensure that tribally regulated gaming is conducted fairly and honestly

by both gaming operators and players and that it remain free from corrupt,

incompetent, unconscionable and dishonest persons and practices.

1.2.4 Promote and strengthen tribal economic development and selfdetermination and enhance employment opportunities for its members.

1.2.5 Regulate gaming so as to generate revenue to strengthen and improve

tribal self-government and the provision of tribal governmental services.

1.2.6 Ensure that all gaming revenue is used for the benefit of the Tribe and

the Reservation community.

1.2.7 Ensure that tribal gaming laws are strictly and fairly enforced against

all persons involved in gaming activities within the jurisdiction of the Tribe.

1.2.8 Ensure that the Tribe provides a fair and impartial forum for the

resolution of gaming disputes.

1.3 Tribal Policy of Self-Government. The Tribe is firmly committed to the

principle of tribal self-government. Consistent with federal policy, tribal government

provides a wide range of public services on the Reservation, including general governmental

services, maintenance of peace and good order, establishment of educational systems and

programs, and promotion and regulation of economic activities within the sovereign

jurisdiction of the Tribe.

Gaming Code of the Quechan Indian Tribe Title I

Page 2

Enacted September 15, 1994

Quechan Resolution No. R-42-94
1.4 Tribal Gaming Policy. The establishment, promotion, and operation of

gaming is necessary and desirable, provided that such gaming is regulated and controlled by

the Tribe pursuant to tribal and federal law and any tribal-state gaming compact entered

into pursuant to the Indian Gaining Regulatory Act, and that all proceeds of such gaming

are used for the benefit of the Tribe as required by the Indian Gaming Regulatory Act and

tribal law. When operated in accordance with the provisions of this Code, such gaming will

be conducive to the general welfare of all residents of the Reservation.

Gaming Code of the Quechan Indian Tribe Title I

Page 3

Enacted September 15, 1994

Quechan Resolution No. R-42-94
Section 2. Definitions.

In this Code, -except where otherwise expressly provided or where the context

otherwise requires, the following terms and expressions shall have the following meanings:

2.1 Applicant means any person who has applied for a tribal gaming license or

State certification under the provisions of this Code, employment with a gaming operation

or gaming facility operator, or approval of any act or transaction for which approval is

required or permitted under the provisions of this Code.

2.2 Application means a request for the issuance of a tribal gaming license or

for State certification, for employment by a gaming operation or gaming facility operator,

or for approval of any act or transaction for which approval is required or permitted under

the provisions of this Code.

2.3 Arizona Compact means, for purposes of this Title only, the Quechan Indian

Tribe-State of Arizona Gaming Compact.

2.4 Bingo means the game of chance commonly known 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 cards bearing numbers or other

designations, in which the holder of each card covers such numbers or designations when

objects similarly numbered or designated are drawn or electronically determined, and in

which the game is won by the first person covering a previously designated arrangement of

numbers or designations on such cards, including (if played in the same location) pull-tabs,

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

2.5 Cheating means operating or playing in any game in a manner in violation

of the written or commonly understood rules of the game, with the intent to create for

oneself or someone in privily with one an advantage over and above the chance of the game.

2.6 Code means this Code, the Quechan Gaming Code, as now or hereafter

amended.

2.7 Compensation means all wages, salaries, bonuses, and all other forms of

remuneration for services rendered.

2.8 Council or Tribal Council means the governing body of the Quechan

Indian Tribe.

2.9 Distributor means a person who distributes gaming devices and/or

component parts thereof.

2.10 Enrolled tribal member means a person who is enrolled in the Quechan

Indian Tribe and whose name appears on the tribal membership roll.

Gaming Code of the Quechan Indian Tribe Title I

Page 4

Enacted September 15, 1994

Quechan Resolution No. R-42-94
2.11 Gaming or gaming activity means all forms of Class II and Class III gaming

conducted on Indian lands of the Tribe and any activity in furtherance thereof.

2.12 Gaming device or electronic game of chance means a microprocessorcontrolled electronic] device which allows a player to play games of chance, some of which

are affected by skill, which device is activated by the insertion of a coin, currency, tokens,

or by the use of a credit, and which awards game credits, cash, tokens, replays, or a receipt

that can be redeemed by the player for any of the foregoing. Game play may be displayed

by:

2.12.1 Video facsimile; or

2.12.2 Mechanical rotating reels whereby the software of the device

predetermines the stop positions and the presence, or lack thereof, of a winning

combination and pay out, if any.

2.13 Gaming employee means any person employed as a primaiy management

official or key employee of a gaining operation and any person employed in the operation

or management of the gaming operation including, but not limited to, any person whose

employment duties require or authorize access to restricted areas of a gaming facility not

otherwise open to the public.

2.14 Gaming equipment means any device, machine, paraphernalia, or equipment

that is used or usable in the playing phases of any gaming activity, whether or not specifically

designed for the purpose, but excluding tables and chairs normally used in the occupancy

of any gaming facility.

2.15 Gaming facility means the buildings or structures in which gaming or gaming

activities are conducted or operated.

2.16 Gaming facility operator, for purposes of Class III gaming only, means the

Tribe, an enterprise owned by the Tribe, or such other entity of the Tribe as the Tribe may

from time to time designate by written notice to the State as the wholly owned tribal entity

having full authority and responsibility for the operation and management of Class III

gaming activities.

2.17 Gaming operation means for purposes of Class II gaming only, each

economic entity that is licensed by the Tribe, operates the games, receives the revenues,

issues the prizes, and pays the expenses.

2.18 Gaming services means the providing of any goods or services, except for

legal services, to the Tribe in connection with the operation of gaming activities in a gaming

facility, including but not limited to equipment, transportation, food, linens, janitorial

supplies, maintenance, or security services for the gaming facility, in an amount in excess of

$10,000 in any single month.

Gaming Code of the Quechan Indian Tribe Title I

Page 5

Enacted September 15, 1994

Quechan Resolution No. R-42-94
2.19 Gaming ticket means any game piece used in the play of a paper pull tab

game, jar ticket game, or raffle.

2.20 Immediate family means, with respect to the person under consideration, a

husband, wife, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law,

son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson,

stepdaughter, stepbrother, stepsister, half-brother, or half-sister.

2.21 Indian Gaming Regulatory Act or IGRA means Public Law 100-497, 102

Stat. 2426, 25 U.S.C. §* 2701-2721 and 18 U.S.C. §* 1166-1168, as amended.

2.22 Indian lands, unless otherwise indicated, means:

2.22.1 All lands within the limits of the Fort Yuma Indian Reservation,

notwithstanding the issuance of any patent and including rights-of-way running

through such lands; and

2.22.2 All lands title to which is either held in trust by the United States for

the benefit of the Tribe or individual Indian or held by the Tribe or individual Indian

subject to restriction by the United States against alienation and over which the Tribe

exercises governmental powers; and

2.22.3 All lands within the States of Arizona and California that may be

acquired by the Tribe and that meet the requirements of 25 U.S.C. § 2719.

2.23 Interactive terminal or video lottery terminal mean an on-line computer

or data-processing terminal capable of providing a source of both input and a video display

output for the computer system to which it is connected, in which a player is playing against

the algorithm of the terminal so that the player is playing directly against the terminal for

immediate payment and is immediately rewarded or penalized based on the outcome, and

which dispenses a paper receipt that can be redeemed by the player for the players

winnings.

2.24 Keno means a house banking game in which a player selects from one to

twenty numbers on a card that contains the numbers one through eighty; the house

randomly draws twenty numbers; players win if the numbers they select correspond to the

numbers drawn by the house, and the house pays all winners, if any, and collects from all

losers.

2.25 Key employee means:

2.25.1 aass II Gaming For purposes of Title II and Class II gaming only,

any person who performs one or more of the following functions:

2.25.1.1 Bingo caller,

Gaming Code of the Quechan Indian Tribe Title I

Page 6

Enacted September 15, 1994

Quechan Resolution No. R-42-94
2.25.1.2 Counting room supervisor;

2.25.1.3 Chief of security;

2.25.1.4 Custodian of gaming supplies or cash;

2.25.1.5 Floor manager;

2.25.1.6 Pit boss;

2.25.1.7 Dealer;

2.25.1.8 Croupier;

2.25.1.9 Approver of credit;

2.25.1.10 Custodian of gambling devices, including persons with

access to cash and accounting records within such devices; or

2.25.1.11 If not otherwise included, a person with access to gaming

finance or accounting offices; a person authorized to make on-site repairs,

adjustments or alterations to any piece of gaming equipment; a person whose

total cash compensation derived from a gaming activity subject to this Code

is in excess of $50,000 per year; the four most highly compensated persons

employed by a gaming operation; or any person whom the Tribal Gaming

Commission may by written notice classify as a key employee.

2.25.2 Class III Gaming For purposes of Title III and Class III gaming only,

any person who performs one or more of the following functions:

2.25.2.1 Counting room supervisor;

2.25.2.2 Chief of security;

2.25.2.3 Custodian of gaming supplies or cash;

2.25.2.4 Floor management;

Gaming Code of the Quechan Indian Tribe Title I

Page 7

Enacted September 15, 1994

Quechan Resolution No. R-42-94

Reprinted January 3, 1995
2.25 .2.5 Pit Boss;

2.25.2.6 Dealer;

2.25.2.7 Croupier;

2.25.2.8 Approver of Credit;

2.25.2.9 Custodian of gaming devices, including persons with

access to cash and accounting records within such devices; or,

2.25.2.10 if not otherwise included, any other person whose total

cash compensation is in excess of $50,000 per year; or, if not otherwise

included, the four most highly compensated persons employed by a gaming

facility operator.

Gaming Code of the Quechan Indian Tribe Title I

Page 7A

Enacted September 15, 1994

Quechan Resolution No. R-42-94

Amended January 3, 1995

Quechan Resolution No. R-2-95
2.26 License means a revocable approval granted by the Tribal Gaming

Commission to an applicant to participate in a gaming activity.

2.27 Licensee means any person who has been granted a license by the Tribal

Gaming Office.

2.28 Management contract means a contract within the meaning of 25 U.S.C.

§~ 2710(d)(9) and 2711.

2.29 Management contractor means a person that has entered into a management

contract with the Tribe, a gaming operation, or a gaming facility operator which has been

approved pursuant to 25 U.S.C. §~ 2710(d)(9) and 2711.

2.30 Manufacturer means a person that manufactures gaming devices and/or

component parts thereof as defined by the Compact for use or play in a gaming facility.

2.31 National Indian Gaming Commission means the commission established

pursuant to 25 U.S.C. § 2704.

2.32 Net revenues means gross gaming revenues of a gaming operation or gaming

facility operator, less amounts paid out as, or paid for, prizes and less total gaming-related

operating expenses, excluding management fees.

2.33 Participate in any gaming activity means to operate, direct, finance, or in any

way assist in the establishment or operation of any gaming activity or any site where gaming

is conducted, directly or indirectly, whether at the site, in person, or off-site.

2.34 Person means any natural person, corporation, company, partnership, firm,

association, or society.

2.35 Player means a person participating in any game, but does not include a

gaming operation or gaming facility operator.

2.36 Player-activated lottery terminal means an on-line computer system that is

player activated but does not provide the player with interactive gaming and utilizes the

terminal for dispensing purposes only in which (i) the terminal algorithm is used for the

random generation of numbers, (ii) the tickets dispensed by the terminal do not allow the

player the means to play directly against the terminal, (iii) the player uses the dispensed

ticket to participate in an off-site random drawing, and (iv) the players ability to play against

the terminal for immediate payment or reward is eliminated.

Gaming Code of the Quechan Indian Tribe Title I

Page 8

Enacted September 15, 1994

Quechan Resolution No. R-42-94

Reprinted January 3, 1995
2.37 Primary management official means:

2.37.1 The person having management responsibility under a management

contract approved by the National Indian Gaming Commission; or

2.37.2 The general manager of a gaming operation or gaming facility operator;

or

2.37.3 Any person who has authority:

2.37.3.1 To hire and fire gaming employees; or

2.37.3.2 To set up working policy for a gaming operation or

gaming facility operator; or

2.37.4 The chief financial officer or other person who has financial

management responsibility for a gaming operation or gaming facility operator.

2.38 Principal means with respect to any person:

2.38.0.1 Each of its officers and directors;

2.38.0.2 Each of its principal management employees, including

any chief executive officer, chief financial officer, chief operating officer or

general management;

2.38.0.3 Each of its owners or partners, if an unincorporated

business;

2.38.0.4 Each of its shareholders who own more than ten percent

of the shares of the corporation, if a corporation;

2.38.0.5 Each person other than a banking institution who has

provided financing for the entity constituting more than ten percent of the

total financing of the entity; and

2.38.0.6 Each of the beneficiaries or trustees of a trust.

Notwithstanding any of the preceding sections, person shall not include the Tribe, its

elected officials, or any of its members or employees who are not gaming employees under

this Code.

2.39 Progressive gaming means any game in which a cash prize not being won by

any player during any game is retained and further monetarily enhanced by the gaming

operation or gaming facility operator, and offered as a prize to players in the next game.

Gaming Code of the Quechan Indian Tnl,e Title I

Page 9

Enacted September 15, 1994

Quechan Resolution No. R-42-94
2.40 Pull-tabs, punchboards, and tip jars means any disposable card, board,

ticket, or display that accords the player an opportunity to win something of value by

opening, pulling, detaching, or otherwise removing or uncovering tabs or covers from the

card, board, ticket,or display to reveal a set of numbers, letters, symbols, configurations, or

combinations thereof which have been previously specified as a winning combination.

2.41 Raffle means any a~ H gaming in which each player buys a ticket for a

chance to win a prize, with the winner determined by a random method. Raffle does not

include slot machines or gaming devices or electronic games of chance.

2.42 Reservation means the Fort Yuma Indian Reservation, and includes all lands

lying within the outer boundaries of the Reservation, notwithstanding the issuance of any

patent and including rights-of-way running through such lands, and all other lands added to

the Reservation by executive order, act of Congress, or otherwise under federal law.

2.43 State means the State of Arizona, its authorized officials, agents and

representatives.

2.44 State certification means the process utilized by the State gaming agency to

ensure that all persons required to be certified are qualified to hold such certification in

accordance with the provisions of the Arizona Compact.

2.45 State gaming agency means the agency of the State that the Governor may

from time to time designate by written notice to the Tribe as the single state agency that

shall act on behalf of the State under the Arizona Compact.

2.46 Tribe means and tribal refers to the Quechan Indian Tribe, a federally

recognized Indian tribe acting through the duly elected Tribal Council pursuant to the tribal

constitution and bylaws, unless the context clearly indicates a general meaning. The term

shall also include all authorized officials, agents and representatives of the Tribe.

2.47 Tribal Gaming Commission means the Quechan Tribal Gaming Commission,

established under section 4 of this Title, which shall exercise all regulatory authority of the

Tribe over gaming activities on Indian lands.

2.48 Tribal police department means the police force of the Quechan Tribe

established and maintained, contracted for, or otherwise provided by the Tribe pursuant to

the Tribes powers of self-government to carry out law enforcement on Indian lands.

2.49 Wager means the bet made or consideration or value given by a player in any

game.

Gaming Code of the Quechan Indian Tribe Title I

Page 10

Enacted September 15, 1994

Quechan Resolution No. R-42-94
Section 3. General Provisions.

3.1 Authority and Sovereign Powers and Responsibilities. This Code is enacted

pursuant to the inherent sovereign powers of the Tribe and the powers expressly delegated

to the Tribal Council by article IV of the Tribal Constitution.

3.2 Title, Repeal of Prior Laws, and Effect of Repeal. This Code may be cited as

the Quechan Gaming Code.

All ordinances of the Tribe and all titles, chapters, and sections of the Tribal Code

that pertain to gaining and in effect as of the effective date of this Code are hereby

repealed, and all other tribal laws or parts thereof inconsistent with the provisions of this

Code are hereby repealed.

Repeal of this Code or any portion thereof shall not have the effect of reviving any

prior tribal Jaw previously repealed or suspended.

33 Classes of Gaming. Three classes of gaming may be conducted on Indian

lands pursuant to this Code:

3.3.1 Dass I gaming means social games played solely for prizes of minimal

value or traditional forms of Indian gaming engaged in by individuals as a part of or

in connection with tribal ceremonies or celebrations.

33.2 Class II gaming means:

3.3.2.1 The game of chance commonly known as bingo or lotto

(whether or not electronic, computer, or other technologic aids are used in

connection therewith), that is played for prizes, including monetaly prizes,

with cards bearing numbers or other designations, in which the holder of the

card covers such numbers or designations when objects, similarly numbered

or designated, are drawn or electronically determined, and in which the game

is won by the first person covering a previously designated pattern or

arrangement of numbers or designations on such cards, including (if played

at the same location) pull-tabs, punch boards, tip jars, instant bingo, and other

games similar to bingo; and

3.3.2.2 Nonbanking card games explicitly authorized or not

explicitly prohibited by the laws of the state in which they are conducted and

which are played legally anywhere in such state, if played in conformity with

such state laws and regulations concerning hours, periods of operation and

limitations on wagers and pot sizes.

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
3.3.3 a~~ iii gaming means all forms of gaming that are not Class I or

Class II gaming, subject to~y requirements or limitations imposed by any tribal-state

compact entered into by the Tribe.

3.4 Construction. In construing the provisions of this Code, unless the context

otherwise requires, the following rules shall apply:

3.4.1 This Code shall be liberally construed to effect its purpose and to

promote substantial justice.

3.4.2 Words in the present tense include the future and past tenses.

3.4.3 Words in the singular number include the plural, and words in the

plural number include the singular.

3.4.4 Words of the masculine gender or neuter include masculine and

feminine genders and the neuter.

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Enacted September 15, 1994~

Quechan Resolution No. R-42-94
Section 4. Tribal Gaming Commission.

4.1 Establishment. The Tribe hereby charters, creates and establishes the Tribal

Gaming Commission as a regulatory agency of the Quechan tribal government.

4.2 Location and Place of Business. The Tribal Gaming Commission shall be a

resident of and maintain its headquarters, principle place of business, and offices on the Fort

Yuma Indian Reservation. The Tribal Gaming Commission may, however, establish other

places of business in such other locations as the Tribal Gaming Commission may from time

to time determine to be in the best interest of the Tribe.

4.3 Duration. The Tribal Gaming Commission shall have perpetual existence and

succession in its own name, unless dissolved by the Tribe pursuant to tribal law.

4.4 Attributes. As a governmental agency of the Tribe, the Tribal Gaming

Commission is delegated the right to exercise one or more of the substantial governmental

functions of the Tribe, including regulation of tribal gaming pursuant to the IGRA and tribal

law. It is the purpose and intent of the Tribe in creating the Tribal Gaming Commission

that the operations of the Tribal Gaming Commission be conducted on behalf of the Tribe

for the sole benefit and interests of the Tribe, its members, and the residents of the

Reservation. In cariying out its purposes under this Code, the Tribal Gaming Commission

shall function as an arm of the Tribe. Notwithstanding any authority delegated to the Tribal

Gaming Commission under this Code, the Tribe reserves to itself the right to bring suit

against any person in its own right, on behalf of the Tribe or on behalf of the Tribal Gaming

Commission, whenever the Tribe deems it necessaiy to protect the sovereignty, rights, and

interests of the Tribe or the Tribal Gaming Commission.

4.5 Recognition as a Political Subdivision of the Tribe. The Tribal Council shall

take all necessary steps to acquire recognition of the Tribal Gaming Commission as a

political subdivision of the Tribe, recognized by all branches of the United States

government as having been delegated the right to exercise one or more substantial

governmental functions of the Tribe.

4.6 Sovereign Immunity of the Tribe. All inherent sovereign rights of the Tribe

as a federally recognized Indian tribe are hereby expressly reserved, including sovereign

immunity from suit in any tribal, federal or state court. Except as provided in section 4.8

below, nothing in this Code nor any action of the Tribal Gaming Commission shall be

deemed or construed to be a waiver of sovereign immunity from suit of the Tribe, or to be

a consent of the Tribe to the jurisdiction of the United States or of any state or of any

Indian tribe with regard to the business or affairs of the Tribal Gaming Commission or the

Tribe, or to be a consent of the Tribe to any cause of action, case, or controversy, or to the

lesy of any judgment, lien, or attachment upon any property of the Tribe, or to be a consent

to suit in respect to any Indian land, or to be a consent to the alienation, attachment, or

encumbrance of any such land.

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
4.7 Sovereign Immunity of the Tribal Gaming Commission. The Tribal Gaming

Commission is hereby clothed with all the privileges and immunities of the Tribe, except as

specifically limited by this Code or other tribal law, including sovereign immunity from suit

in any tribal, federal, or state court. Except as provided in this section, nothing in this Code

nor any action of the Tribe or the Tribal Gaming Commission shall be deemed or construed

to be a waiver of sovereign immunity from suit of the Tribal Gaining Commission or Tnbe,

or to be a consent of the Tribe or the Tnbal Gaming Commission to the jurisdiction of the

United States or of any state or any Indian tribe with regard to the business or affairs of the

Tribe or the Tribal Gaming Commission to any cause of action, case, or controversy, or to

the levy of any judgment, lien or attachment upon any property of the Tribe or of the Tribal

Gaming Commission, or to be a consent of the Tribe or the Tribal Gaming Commission to

suit in respect to any Indian land, or to be a consent of the Tnbe or the Tribal Gaming

Commission to the alienation, attachment, or encumbrance of any such land.

4.8 Waiver of Sovereign Immunity of the Tribal Gaming Commission. Sovereign

immunity of the Tribal Gaming Commission may be waived only by express resolutions of

both the Tribal Gaming Commission and the Tribal Council after consultation with the

Tribes attorneys. All waivers of sovereign immunity must be preserved by resolution of the

Tribal Gaming Commission and the Tribal Council of continuing force and effect. Waivers

of sovereign immunity are disfavored and may be granted only when necessary to secure a

substantial advantage or benefit to the Tribal Gaming Commission. Waivers of sovereign

immunity shall not be general but shall be specific and limited as to duration, grantee,

transaction, property, or funds, if any, of the Tribal Gaming Commission subject thereto,

court having jurisdiction pursuant thereto, and law applicable thereto. Neither the power

to sue and be sued provided in section 4.18.2.3 nor any express waiver of sovereign immunity

by resolution of the Tribal Gaming Commission shall be deemed a consent to the levy of any

judgment, lien, or attachment upon property of the Tribal Gaming Commission other than

property specifically pledged or assigned, or a consent to suit in respect of any land within

the exterior boundaries of the Reservation or a consent to the alienation, attachment, or

encumbrance of any such land.

4.9 Credit of the Tribe or Tribal Gaming Commission. Nothing in this Code nor

any activity of the Tribal Gaming Commission shall implicate or any way involve the credit

of the Tribe or the Tribal Gaming Commission.

4.10 Assets of the Tribal Gaming Commission. The Tribal Gaming Commission

shall have only those assets specifically assigned to it by the Tribal Council or acquired in

its name by the Tribe or by the Tribal Gaming Commission on its own behalf. No activity

of the Tribal Gaming Commission nor any indebtedness incurred by it shall implicate or in

any way involve or affect any assets of tribal members or the Tribe not assigned in writing

to the Tribal Gaming Commission.

Gaming Code of the Quechan Indian Tribe Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
4.11 Membership.

4.11.1 Number of Commissioners. The Tribal Gaming Commission shall

consist of five Tribal Gaming Commissioners who shall be appointed by the Tribal

Council.

4.11.2 Qualification of Commissioners. No sitting member of the elected

Tribal Council shall be a Commissioner during such members term of office. No

person shall be appointed as a Gaming Commissioner if any member of such persons

immediate family has a direct financial interest in any gaming activity or if any

member of such persons immediate family is a tribal gaming employee. No member

or employee of the Commission shall participate as a player in any gaming activity

conducted by the Tribe.

in selecting and appointing Tribal Gaming Commissioners, the Tribal Council

shall consider the following standards and quali&ations:

a. To the greatest extent feasible, preference shall be given to

enrolled members of the Tribe.

b. A Tribal Gaming Commissioner shall meet all of the

qualifications and background requirements necessary for a Class III Gaming

Employee License under this Code and shall meet all other requirements of

applicable law, including this Code, any Class III tribal-state compact entered

into by the Tribe, and the Indian Gaming Regulatory Act, as amended.

c. A Tribal Gaming Commissioner should have expertise,

experience, education or a combination of experience and education in one

or more of the following areas: financial, accounting, legal, management,

business, personnel, government regulation, administrative procedure, or

related skills or disciplines.

d. A Tribal Gaming Commissioner shall have unquestioned

integrity, honesty, and objectivity and decisionmaking skills and abilities

commensurate with the quasi judicial duties of the Tribal Gaming

Commission. A Tribal Gaming Commissioner must have the ability to make

unbiased, objective decisions regarding issuance, suspension or revocation of

tribal gaming licenses and other determinations affecting gaming employees,

managers, vendors, operators and others associated with tribally regulated

gaming activities under this Code.

e. A Tribal Gaming Commissioner should have good organizational

and written and oral communication skills and be able to communicate

effectively with the Tribal Council, tribal gaming personnel, and the general

public.

Gaming Code of the Quechan Indian Tribe Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
f. A Tribal Gaming Commissioner must be a team member, able

to work efficiently and effectively as a part of the Commission, making

decisions by consensus whenever possible, otherwise by majority vote of the

Commission. Tril,al Gaming Commissions shall be commited to the integrity

and honesty of all tribally regulated gaming and be able to devote substantial

operation time to carrying out their responsibilities under this Code and other

applicable law.

4.113 Class ifi Tribal Gaming Employee License. Following appointment as

a Tribal Gaming Commissioner, the appointee shall immediately apply for a Class III

tribal gaming employee license. If a license is denied, the Commissioner shall

immediately be removed from the Tribal Gaming Commission.

4.12 Term of Office. Each Commissioner shall serve a term of five years; provided,

that two of the initial members appointed shall be designated to serve for a term of two

years.

4.13 Ex-Officio Members. At the direction of the Tribal Council, any other person,

including an elected member of the Tribal Council, may be designated to attend and

participate, without vote, in Tribal Gaming Commission meetings.

4.14 OrganizatIon. The Tribal Gaming Commission shall develop its own operating

procedures and shall elect from within itself a chairperson to direct meetings, a reporter to

be responsible for keeping Tribal Gaming Commission minutes and transmitting to the

Tribal Council a copy of those minutes, handling correspondence and reporting Tribal

Gaming Commission decisions, and such other officers as the Tribal Gaming Commission

deems necessary or advisable.

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
4.15 Meetings.

4.15.1 Regular Meetings. The Tribal Gaming Commission shall hold at least

one regular monthly meeting, which shall take place on the first Monday of each

month or as otherwise determined by the Tribal Gaming Commission.

4.15.2 Special Meetings. Special meetings may be called at the request of the

Tribal Council, the chairman of the Tribal Gaming Commission, or four or more

members of the Tribal Gaming Commission.

4.153 Compensation of Commissioners. The compensation of Commissioners

shall be established by the Tribal Council.

4.15.4 Quorum. A quorum for all meetings shall consist of three members.

4.15.5 Voting. All questions arising in connection with the action of the Tribal

Gaming Commission shall be decided by majority vote of all Commission members

present.

4.16 Removal of Members and Appointment to Fill Vacancies.

4.16.1 Removal. A Commissioner may be removed by the Tribal Council for

serious inefficiency, neglect of duty, malfeasance, misfeasance, nonfeasance,

misconduct in office, or for any conduct that threatens the honesty or integrity of the

Tribal Gaming Commission or otherwise violates the letter or intent of this Code.

A Commissioner shall be removed if he or she is denied a Class III tribal gaming

employee license or if such license is suspended or revoked pursuant to the provisions

of Title III. Except as provided below, no Commissioner may be removed without

notice and an opportunity for a hearing before the Council, and then only after the

Commissioner has been given written notice of the specific charges at least ten days

prior to such hearing. At any such hearing, the Commissioner shall have the

opportunity to be heard in person or by counsel and to present witnesses on his

behalf. If the Council determines that immediate removal of a Commissioner is

necessary to protect the interests of the Tribe, the Council may immediately remove

the Commissioner temporarily, and the question of permanent removal shall be

determined thereafter pursuant to Tribal Gaming Commission hearing procedures.

A written record of all removal proceedings together with the charges and findings

thereon shall be kept by the Tribal Secretary. The decision of the Tribal Council

upon the removal of a Commissioner shall be final.

4.16.2 Appointment. If any Commissioner shall die, resign, be removed, or

for any reason be unable to serve as a Commissioner, the Tribal Council shall declare

the position vacant and shall appoint another person to fill the position. The terms

of office of each person appointed to replace an initial Commissioner shall be for the

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
balance of any unexpired term for such position, provided, however, that any

prospective appointee must meet the qualifications established by this Code.

4.17 Conflict of Interest. No person shall serve as a Commissioner if he has any

personal, business, or legal relationship that creates a conflict of interest with his duties and

responsibilities as a Commissioner.

4.18 Powers of the Tribal Gaming Commission. In furtherance, but not in

limitation, of the Tribal Gaming Commissions purposes and responsibilities and subject to

any restrictions contained in this Code or other applicable law, the Tribal Gaming

Commission shall have and is authorized to exercise by majority vote the following powers

in addition to all powers already conferred by this Code:

4.18.1 To inspect and regulate all gaming activities within the jurisdiction of

the Tribe.

4.18.2 To promote the full and proper enforcement of this Code and other

applicable law regarding gaming activities within the jurisdiction of the Tribe.

4.18.3 To act as tribal liaison with the National Indian Gaming Commission

and the State gaming agency.

4.18.4 To enact and enforce such rules and regulations regarding its activities

and governing its internal affairs as the Tribal Gaming Commission may deem

necessary and proper to effectuate the powers granted by this Code and the powers

granted and duties imposed by applicable law.

4.18.5 To publish and distribute copies of this Code and Tribal Gaming

Commission rules and any Tribal Council, Tribal Gaming Commission, or Tribal

Court decisions regarding gaming matters.

4.18.6 To prepare and submit for Council approval proposals, including

budget and monetary proposals, which could enable the Tribe to better carry forth

the policies and intent of this Code.

4.18.7 To work with the staff of any tribal department, program, project, or

operation and to cooperate with the Tribal Council or any Council committee in

regard to gaming issues.

4.18.8 To make or cause to be made by its agents or employees an

examination or investigation of the place of business, equipment, facilities, tangible

personal property, and the books, records, papers, vouchers, accounts, documents,

and financial statements of any gaming operation, gaming facility operator, or gaming

activity operating, or suspected of operating, within the jurisdiction of the Tribe. In

undertaking such examination or investigation, the Tribal Gaining Commission may

Gaming Code of the Quechan Indian Tribe Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
request the assistance of tribal gaming employees, federal and local law officials, legal

counsel, and other third parties.

4.18.9 To maintain and keep current a record of new developments in the

area of Indian gaming.

4.18.10 To request the assistance of the Tribal Court in conducting

gaming hearings, defining terms used in this Code or other tribal laws, or in any

other matter in which the Tribal Gaming Commission deems such assistance to be

necessary or proper.

4.18.11 To consider any gaming matter brought before it by any person

or the Tribe and all matters referred to it by the Tribal Council.

4.18.12 To obtain and publish a summary of federal revenue laws

relating to gaming and to insure compliance with the same.

4.18.13 To arrange for training of Tribal Gaming Commission members,

tribal employees and others in areas relating to the regulation or operation of

gaming.

4.18.14 Upon prior explicit written approval of the Tribal Council, to

employ such advisors as it may deem necessary. Advisors may include, but shall not

be limited to, law enforcement specialists and gaming professionals, the Tribes legal

counsel, and the Tribes accountants.

4.18.15 To make recommendations to the Tribal Council on the hiring

of all supervisory gaming employees.

4.18.16 To promulgate rules and regulations to implement and further

the provisions of this Code.

4.18.17 To approve or disapprove any application for a tribal gaming

license.

4.18.18 To consult with and make recommendations to the Tribal

Council regarding changes in tribal gaming laws and policies.

4.18.19 To examine under oath, either orally or in writing, in hearings

or otherwise any person or agent, officer or employee of any person, or any other

witness with respect to any matters related to this Code, including enforcement of

tribal gaming laws, regulations, and policies, and to compel by subpoena the

attendance of witnesses and the production of any books, records, and papers with

respect thereto.

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
4.18.20 When necessary or appropriate, to request the assistance and

utilize the services of the courts, law enforcement, government officials and agencies,

and private parties in exercising its powers and carrying out its responsibilities.

4.18.21 To delegate to an individual member or members of the Tribal

Gaming Commission or, with the approval of the Tribal Council, to Tribal Gaming

Commission staff, such of its functions as may be necessary to administer this Code

efficiently; provided that the Tribal Gaming Commission may not re-delegate its

power to exercise any substantial governmental function of the Tribe or its power to

promulgate rules and regulations; and provided further that the Tribal Gaming

Commission may not delegate to anyone the power to permanently revoke a tribal

gaming license.

4.18.22 To permanently close, after notice and hearing, any gaming

facility that is operating in violation of tribal law.

4.18.23 To sue or be sued in courts of competent jurisdiction within the

United States, subject to the provisions of sections 4.7 and 4.8 of this Code and other

applicable laws relating to sovereign immunity; provided that no suit shall be brought

by the Tribal Gaming Commission without the prior explicit written approval of the

Tribal Council.

4.18.24 To use the seal of the Tribe with the approval of the Tribal

Council.

4.18.25 To arbitrate, compromise, negotiate, or settle any dispute to

which it is a party relating to the Tribal Gaming Commissions authorized activities.

4.18.26 To enter into, make, perform, and carry out any agreement,

contract, or other undertaking with any federal, state, or local governmental agency,

tribe, person, partnership, corporation, or other association or entity for any lawful

purpose pertaining to the business of the Tribal Gaming Commission or that is

necessary or incidental to the accomplishment of the purposes of the Tribal Gaming

Commission.

4.18.27 To exercise the tribal power to tax authorized by the Quechan

Tribal Constitution in accordance with a Tribal Council resolution delegating such

power to the Tribal Gaming Commission and in accordance with this Code and other

applicable law.

4.18.28 To purchase insurance from any stock or mutual company for

any property or against any risk or hazard.

4.18.29 To engage in any and all activities that directly or indirectly carry

out the purposes of the Tribe as set forth in this Code.

Gaming Code of the Quechan Indian Tribe Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
4.18.30 With prior approval of the Tribal Council, to make application

and accept grants and other awards from private and governmental sources in

carrying out or furthering the purposes of the Tribal Gaming Commission or the

Tribe.

4.18.31 To exercise all authority delegated to it or conferred upon it by

applicable law and to take all action that shall be reasonably necessary and proper

for carrying into execution the foregoing powers and all of the powers vested in this

Code as permitted by the purposes and powers herein stated all in compliance with

applicable law.

4.18.32 To establish and maintain such bank accounts as may be

necessary or convenient.

4.18.33 To require by regulation the filing of any records, forms, and

reports and all other information desired by the Tribal Council for implementation

of this Code relating to any gaming operation or gaming facility operator, or any

investigation as required by tribal law and the IGRA.

4.18.34 To provide for an internal system of recordkeeping with

adequate safeguards for preserving confidentiality as deemed necessary by the Tribal

Gaming Commission. All applications, background investigations and Tribal Gaming

Commission decisions shall be retained in Tribal Gaming Commission files for a

period of at least ten years.

4.18.35 To adopt a schedule of fees to be charged for gaming licenses

issued pursuant to this Code and related activities.

4.18.36 To adopt a schedule of fees and charges for services rendered

relating to transcripts and the furnishing or certiI~ring of copies of proceedings, files,

and records.

4.18.37 To conduct or arrange for background investigations of all

persons who propose to participate in any gaming activity.

4.18.38 To compel obedience of its lawful orders by proceedings of

mandamus or injunction or other proper proceedings in the name of the Tribe in

Tribal Court or in any other court having jurisdiction of the parties and of the subject

matter; provided that no suit shall be brought by the Tribal Gaming Commission

without the prior explicit written approval of the Tribal Council after consultation

with the Tribal attorneys.

4.18.39 To discipline any licensee or other person participating in any

gaming activity by ordering immediate compliance with this Code or Tribal Gaming

Commission regulations and to issue an order of temporary suspension of any license

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Enacted September 15, 1994

Quechan Resolution No. R-42.94
issued under this Code, whenever the Tribal Gaming Commission is notified of a

violation by any such person of this Code or any other applicable law.

4.18.40 To issue an order of temporary closure of any gaming facility in

the event the Tribal Gaming Commission determines that immediate closure is

necessary to protect assets or interests of the Tribe, pursuant to Tribal Gaming

Commission regulations, or whenever the Tribal Gaming Commission shall receive

information from the National Indian Gaming Commission that a primary

management official or key employee of an licensee does not meet the standards for

being licensed under the IGRA.

4.18.41 To become self-regulating whenever the Tribe becomes eligible

for a certificate of self-regulation under the IGRA.

4.19 Annual Budget. The Tribal Gaming Commission shall prepare an annual

operating budget for all Tribal Gaming Commission activities and present it to the Council

by August 15th of each year.

420 Commission Director. The Commission shall appoint an individual to serve

as the Director of the Commission to administer its responsibilities as necessary and to

oversee inspectors appointed by the Commission as well as such other staff as the

Commission may from time to time employ. The Director shall be responsible for

coordination of the functions of the Commission with the state gaming agency and other

federal state and local agencies as necessary. The Commission may request the Director to

conduct preliminary investigations and render recommendations to the Commission with

respect to the grant or denial of any license, the imposition of any penalty or fine, the

investigation of any complaint, or any other action within the jurisdiction of the Commission.

The Director shall have the power, in the name of the Commission, to conduct hearings,

investigations or inquiries, compel the production of any information or documents, and

otherwise exercise the investigatory powers of the Commission that the Commission exercise

under this Code.

4.21 Tribal Gaming Commission Regulations.

4.21.1 Tribal Gaming Commission regulations necessary to carry out the

orderly performance of its duties and powers shall include, but shall not be limited

to:

4.21.1.1 Internal operational procedures of the Tribal Gaming

Commission and its staff;

4.21.1.2 Interpretation and application of this Code as may be

necessary to carry out the Tribal Gaming Commissions duties and exercise its

powers;

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
4.21.13 A regulatory system for all gaming activities, including

accounting, contracting, management, and supervision of gaming operators

and gaming facility operators;

4.21.1.4 The findings of any reports or other information required

by or necessary to implement this Code; and

4.21.1.5 The conduct of inspections, investigations, hearings,

enforcement actions, and other powers of the Tribal Gaming Commission

authorized by this Code.

4.21.2 No regulation of the Tribal Gaming Commission shall be of any force

or effect unless adopted by the Tribal Gaining Commission by written resolution and

filed for record in the offices of both the Tribal Secretary and Tribal Gaming

Commission.

4.21.3 The Tribal Court and any other court of competent jurisdiction shall

take judicial notice of all Tribal Gaming Commission regulations adopted pursuant

to this Code.

4.22 Right of Entrance; Bi-Monthly Inspection. The Tribal Gaming Commission

and duly authorized officers and employees of the Tribal Gaming Commission may enter

upon any premises of any gaming facility, during regular business hours, for the purpose of

making inspections and examining the accounts, books, papers, and documents of any

gaming activity. The gaming operation or gaming facility operator shall facilitate such

inspection or examinations by giving every reasonable aid to the Tribal Gaming Commission

and to any properly authorized officer or employee.

A Commissioner or a member of the Tribal Gaming Commissions staff shall visit

each gaming facility at least once every two weeks during normal business hours for the

purpose of monitoring its operation. Such visits shall be unannounced.

4.23 Investigations. The Tribal Gaming Commission, upon complaint, its own

initiative, or whenever it may deem it necessary in the performance of its duties or the

exercise of its powers, may investigate and examine the operation and premises of any

person who is subject to the provisions of this Code. In conducting such investigation, the

Tribal Gaming Commission may proceed either with or without a hearing as it may deem

best, but it shall make no order without affording any affected party notice and an

opportunity for a hearing pursuant to Tribal Gaming Commission regulations.

4.24 Hearings; Examiner. Pursuant to regulations, the Tribal Gaming Commission

may hold any hearing it deems to be reasonably required in the administration of its powers

and duties under this Code. Whenever it shall appear to the satisfaction of the Tribal

Gaming Commission that all of the interested parties involved in any proposed hearing have

Gaming Code of the Quechan Indian Tribe Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
agreed concerning the matter at hand, the Tribal Gaming Commission may issue its order

without a hearing.

The Tribal Gaming Commission may designate one of its members to act as examiner

for the purpose of holding any hearing or the Tribal Gaming Commission may appoint

another person to act as examiner under section 4.25. The Tribal Gaming Commission shall

provide reasonable notice and the right to present oral or written testimony to all people

interested therein as determined by the Tribal Gaming Commission.

4.25 Appointment of Examiner, Power of Examiner. The Tribal Gaming

Commission may appoint any person qualified in the law or possessing knowledge or

expertise in the subject matter of the hearing to act as examiner for the purpose of holding

any hearing that the Tribal Gaming Commission or any member thereof has power or

authority to hold. Any such appointment shall constitute a delegation to such examiner of

all powers of a Commissioner under this Code with respect to any such hearing.

4.26 Quarterly Report of Tribal Gaming Commission. The Tribal Gaming

Commission shall file a quarterly report with the Tribal Council summarizing reports

received from each gaming operation and gaming facility operator and make such comments

as it deems necessaiy to keep the Tribal Council fully informed as to the status of the

Commissions activities.

4.27 Additional Rights, Duties and Responsibilities of the Tribal Gaming

Commission Regarding Class ifi Gaming in Arizona. In addition to the other rights, duties

and responsibilities delegated to it under this Code and applicable tribal law, the Tribal

Gaming Commission shall be responsible for the activities relating specifically to Class III

gaming in Arizona as specified in Title III, section 10, of this Code.

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
Section 5. Provisions of General Applicability to All Tribal Gaming Activities.

5.1 Tribal Gaming Licenses Required.

5.1.1 Each Class II or Class III gaming activity within the jurisdiction of the

Tribe shall be conducted only pursuant to current and valid tribal gaming licenses.

5.1.2 No tribal gaming license shall be sold, lent, assigned or otherwise

transferred.

5.1.3 Each employee, including primary management officials and key

employees, of a gaming operation or gaming facility operator shall possess a current

and valid tribal gaming employee license.

5.1.4 A tribal gaming license shall be issued only to a person who qualifies

therefor under this Code or to the Tribe.

5.2 Bank Accounts and Recordkeeping.

5.2.1 Bank Account for Tribally Owned Gaming Operation. The Tribe shall

open a separate bank account for each tribally owned gaming operation and gaming

facility operator, and all receipts of each gaming activity shall be deposited in that

account.

5.2.2 All accounting records of each gaming operation or gaming facility

operator shall be kept on a double entry system of accounting, maintaining detailed,

supporting, subsidiary records. The licensee and the Tribe shall maintain the

following records for not less than ten years:

5.2.2.1 Revenues, expenses, assets, liabilities and equity for each

location at which Class II and Class III gaming is conducted;

5.2.2.2 Daily cash transactions for each Class 11 and Class Ill

game at each location at which gaming is conducted, including but not limited

to transactions relating to each gaming table bank, game drop box, and

gaining room bank;

5.2.2.3 All markers, IOUs, returned checks, hold checks or other

similar credit instruments;

5.2.2.4 Individual and statistical game records to reflect statistical

drop and statistical win; for electronic, computer, or other technoiogicaliy

assisted games, analytic reports which show the total amount of cash wagered

and the total amount of prizes won;

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
5.2.2.5 Contracts, correspondence and other transaction

docwnents relating to all vendors and contractors;

5.2.2.6 Records of all customer complaints and tribal gaming

enforcement activities;

5.2.2.7 All gaming related audits prepared by or on behalf of the

Tribe or one of its subdivisions.

5.2.2.8 Personnel information on all gaming employees or agents

including rotation sheets, hours worked, employee profiles and background

checks.

5.2.3 All permanent books of accounts and records, including inventory

records of gaming supplies, sufficient to establish the gross and net income,

deductions, expenses, receipts, and disbursements of gaming operators and gaming

facility operators.

53 Audit Requirements.

53.1 Each gaming operation and gaming facility operator shall provide a

copy of an annual independent audit to the Tribal Gaming Commission, the Tribal

Council, and the National Indian Gaming Commission.

5.3.2 Each contract for supplies, services (other than legal and accounting

services) or concessions for a contract amount in excess of $25,000 annually shall be

subject to an independent audit. A copy of such audit will be provided to the Tribal

Gaming Commission, the Tnl,al Council, and the National Indian Gaming

Commission.

5.4 Notices to the Public.

5.4.1 Each gaming operation and gaming facility operator shall have a copy

of this Code and regulations readily available for inspection by any person at each

of its gaming facilities.

5.4.2 Each gaming operation and gaming facility operator shall post in a

conspicuous location near where each game is being played an explanation of the

rules of play of every game operated or shall otherwise provide the public with such

an explanation.

5.5 Age Restrictions.

5.5.1 No person under the age of 18 shall be employed by any gaming

operation, gaming facility operator, or the Tribal Gaming Commission. No person

Gaining Code of the Quechan Indian Tribe Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
under 21 years of age shall be employed in the service of alcoholic beverages at any

gaming facility.

5.5.2 No person under the age of 18 shall be permitted to place any wager,

directly or indirectly, in any gaining activity.

5.5.3 No person under the age of 18 years shall be permitted to enter the

area of any building in which a gaming activity is being conducted.

5.5.4 A person under the age of 14 years may participate in gaming activity

in private homes, purchase raffle tickets, attend sporting contests or ticket drawings,

stick games, and other traditional gaming tournaments.

5.6 Equipment Restrictions.

5.6.1 A gaming operation or gaming facility operator is prohibited from

renting or lending gaming equipment to any person without the prior written

approval of the Tribal Gaming Commission.

5.6.2 Each gaming operation and gaming facility operator that anticipates

the printing, manufacture, or construction of any equipment for gaming activity shall

first notify the Tribal Gaming Commission of its intention and shall have the finished

product approved by the Tribal Gaming Commission before it is placed in service.

5.7 Methods of Payments.

5.7.1 Gaming chips and other tokens of value may be sold and redeemed

only by the same gaming facility and only for full value.

5.7.2 Consideration for the chance to play in any gaming activity shall be

only cash or, if allowed by the gaming operation or gaming facility operator, personal

check and shall be presented at the time the game is played. No other form of

consideration shall be allowed unless the Tribal Gaming Commission gives prior

written approval.

5.8 Compliance Requirements.

5.8.1 Evidence of any win or loss incurred by a player must, upon request,

be provided to such player in such form as will be acceptable to the Internal Revenue

Service.

5.8.2 Each gaming operation and gaming facility operator shall pay all fees

and file all reports required by law within the time prescribed.

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
5.8.3 Each gaming operation and gaming facility operator, its primary

management officials, and employees shall respond immediately to and obey all

inquiries, subpoenas, or orders of the Tribal Gaming Commission, the Tribal Council,

the Tribal Court, or the National Indian Gaming Commission.

5.8.4 Each gaming operation and gaming facility operator shall be subject to

patrol by the tribal police force for the purpose of enforcing tribal law, and each

gaming operation and gaming facility operator and its primary management officials,

and employees shall cooperate at all times with the tribal police force or any other

law enforcement entity with jurisdiction on the Reservation.

5.8.5 Each gaming operation and gaming facility operator shall make its

premises and boOks and records available for inspection during normal business hours

by the Tribal Gaming Commission, the National Indian Gaming Commission and

members of the Tribal Council or their designee.

5.8.6 Each gaming operation and gaming facility operator, its primary

management officials, and employees shall comply with all applicable tribal and

federal revenue reporting laws.

5.9 Miscellaneous.

5.9.1 There shall be no sale of liquor at any gaming facility without the prior

approval of the Tribal Council.

5.9.2 Each gaming operation and gaming facility operator shall at all times

maintain an orderly, clean, and neat gaming facility, inside and out.

5.9.3 Each gaming operation and gaming facility operator shall provide

adequate security to protect the public before, during, and after any gaming activity.

5.9.4 No gaming operation or gaming facility operator may discriminate on

the basis of sex, race, color, or creed in the conduct of any gaming activity.

5.10 Each gaming operator and gaming facility operator shall immediately suspend

with pay any employee who is charged with a crime of theft, embezzlement, fraud or other

gaming crime, or any offense related to the sale, possession, manufacture, or transport of

illegal drugs. Gaming operators and gaming facility operators shall also immediately notify

the Tribal Gaming Commission in writing of the name of the person and the pending charge

and advise the Tribal Gaming Commission of the outcome of the case. If the employee is

convicted or pleads no contest to the charge, the employees employment shall be

terminated.

5.11 Each gaming operator and gaming facility operator shall cany sufficient

liability insurance to protect the public in the event of an accident. The Tribal Gaming

Gaming Code of the Quechan Indian Tril,e Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
Commission shall determine the amount of liability insurance required for each gaming

facility, but in no case shall such insurance and amount be less than required by any

applicable tribal-state gaming compact in effect.

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
Section 6. Enforcement.

6.1 Jurisdiction. Except as provided in this Code or in any tribal-state gaming

compact under the IGRA, the Tribe shall have jurisdiction over all violations of this Code.

6.2 Prohibited Acts. In addition to other civil and criminal offenses provided for

in this Code or under other applicable law, the following acts are prohibited and subject any

violator to the civil or criminal penalties specified herein:

6.2.1 To knowingly make a false statement in an application for employment

with any gaming operation or gaming facility operator or with the Tribal Gaming

Commission.

6.2.2 To knowingly make a false statement in connection with any contract

to participate in any gaming activity.

6.2.3 To attempt to bribe any person participating in any gaming activity.

6.2.4 To offer or accept a loan, financing, or other thing of value between

a Tribal Gaming Commission member or employee and any person participating in

any gaming activity.

6.2.5 To fail to keep sufficient books and records to substantiate receipts,

disbursements, and expenses incurred or paid from any gaming activity.

6.2.6 To falsify any books or records which relate to any transaction

connected with any gaming activity.

6.2.7 To conduct or participate in any gaming activity which in any manner

results in cheating or misrepresentation or which allows any other disreputable tactics

that detract from the fair nature and equal chance of participation between gaming

players, or which otherwise creates an advantage over and above the chance of such

gaming activity and which affects its outcome.

6.2.8 To conduct a gaming activity with or to allow participation in a gaming

activity by an intoxicated or disorderly player.

6.2.9 To allow or participate in the sale of liquor at gaming facilities when

such sale is not permitted by tribal law.

6.2.10 To accept consideration other than money, personal checks, or other

approved consideration for the chance to participate in any gaming activity.

6.2.11 To solicit, directly or indirectly, or to use inside information on the

nature or status of any gaming activity for the benefit of any person.

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
6.2.12 To tamper with a gaming device or conspire to tamper or manipulate

the outcome or the payoff of a gaming device, or otherwise interfere with the proper

functioning of the machine.

6.2.13 To alter or counterfeit a tribal gaming license.

6.2.14 To aid, abet, or conspire with another person knowingly or knowingly to cause any person to violate any provision of this Code or any rules and regulations

adopted hereunder.

6.2.15 To operate, use, or make available to the public any illegal gaming

device, apparatus, material, or equipment.

6.2.16 To sell or hold out for sale or transport into or out of the jurisdiction

of the Tribe any illegal gaming device, apparatus, material, or equipment.

6.2.17 To assist or allow a person who is under age to participate in any

gaming activity.

6.2.18 To possess any illegal narcotics or controlled substances at any gaming

facility.

6.2.19 To steal or attempt to steal funds or other items of value from any

gaming facility or from the Tribal Gaming Commission.

6.2.20 To employ any person at a gaming facility whom the gaming operation

or gaming facility operator knows has been convicted of a gaming crime or a crime

of fraud.

6.2.21 To conspire with or induce any person to violate any of the provisions

of this Code or any tribal or federal law.

6.2.22 To engage in any act, gaming-related practice, or course of operation

that could result in a fraud or deceit upon any person or the Tribe.

6.2.23 To use bogus or counterfeit chips or gaming tickets or to substitute or

use any game, cards, gaming tickets, or gaming equipment that have been marked or

tampered with.

6.2.24 To employ or have on the Reservation any device to facilitate cheating

in any game of chance.

6.2.25 To knowingly use any fraudulent scheme or technique, or to solicit,

provide, or receive inside information about any gaming activity with the intent of

benefiting any person.

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
6.2.26 To take, solicit, or encourage any action that undermines the integrity

of any game of chance.

62.27 For a gaming operator or gaming facility operator to knowingly employ

any person who has been convicted of or entered a plea of no contest to a crime of

theft, embezzlement, fraud, or other gaming crime.

6.3 Criminal Violation. Any Indian who violates or fails to comply with any

provision of this Code or who fails to comply with any order or decision of the Tribal

Gaming Commission shall be guilty of a crime and shall be required to pay a maximum fine

of $5,000 or serve not to exceed two years imprisonment, or both. Each day during which

such violation or failure to comply continues shall constitute a separate violation of this

Code.

6.4 Civil Violation. Any person who violates or fails to comply with any provision

of this Code or who fails or neglects to comply with any order of the Tribal Gaming

Commission shall be liable for a civil fine not to exceed $5,000 for each violation thereof.

Each day during which such violation or failure to comply continues shall constitute a

separate violation of this Code. The amount of any such civil fine may be recovered in a

civil action in the Tn~baI Court.

6.5 Cumulative Fines. All civil fines accruing under this Code shall be cumulative,

and a suit for the recovery of one fine shall not bar or affect the recovery of any other fine,

judgment, penalty, forfeiture, or damages, nor bar the power of the Tribal Court to punish

for contempt, nor bar any criminal prosecution.

6.6 Purpose of Civil Penalties. The civil fines imposed under this Code are

intended to be remedial and not punitive and are designed to compensate the Tribe for the

damage done to the peace, security, economy, and general welfare of the Tribe and the

Reservation, and to compensate the Tribe for costs incurred by the Tribe in enforcing this

Code. The civil fines under this Code are also intended to coerce persons into complying

with this Code and Tribal Gaming Commission regulations and not to punish such persons

for violation of such laws and regulations.

6.7 Civil Action for Penalties. In enforcing the civil infraction provisions of this

Code, the Tribal Gaming Commission shall proceed, in the name of the Tribe, by civil

complaint pursuant to the provisions of this Code. The Tribal Gaming Commission in such

action shall have the burden of showing by a preponderance of the evidence that such

person violated the applicable provision of this Code.

6.8 Seizure and Forfeiture of Property. All property utilized in violation of this

Code shall be subject to seizure and forfeiture by order of the Tribal Gaining Commission

pursuant to such procedures and rules as the Tribal Gaming Commission shall promulgate.

Gaming Code of the Quechan Indian Tribe Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
6.9 Reporting of Offenders. Upon final order of the Tnbal Court in any action

for criminal or civil violation under this section, the Clerk of the Tribal Court shall notify

the Tribal Gaming Commission in writing of the final Tribal Court disposition.

Gaming Code of the Quechan Indian Tribe Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
Section 7. Use of Revenues, Maintenance of Records and Management Contracts.

7.1 Use of Net Revenues of Gaming Operations and Gaming Facility Operators.

7.1.1 All net revenues from gaming activities of gaming operations and

gaming facility operators shall be held in the name of the Tribe. Such net revenues

may be expended only by the Tribal Council by resolution and only for the following

purposes:

7.1.1.1 To fund tribal government operations or programs.

7.1.1.2 To provide for the general welfare of the Tribe and its

members.

7.1.1.3 To promote tribal economic development.

7.1.1.4 To donate to charitable organizations.

7.1.1.5 To help to fund operations of local government agencies.

7.2 Maintenance of Records. The Tribal Gaming Commission shall insure that

all accounting records of each gaming operation and gaming facility operator are kept on

a double entry system of accounting, maintaining detailed, supporting, subsidiary records.

The Tribal Gaming Commission shall also insure that gaming operations, gaming facility

operators, and the Tribal Gaming Commission maintain the following records for not less

than three years:

7.2.1 Revenues, expenses, assets, liabilities and equity for each gaming facility

at which Class II and Class III gaming is conducted;

7.2.2 Daily cash transactions for each Class II and Class III game at each

gaming facility at which gaming is conducted, including but not limited to transactions

relating to each gaming table bank, game drop box, and gaming room bank;

7.2.3 All markers, IOUs, returned checks, hold checks or other similar credit

instruments;

7.2.4 Individual and statistical game records (except card games) to reflect

statistical drop 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;

7.2.5 Contracts, correspondence and other transaction documents relating to

all vendors and contractors;

Gaming Code of the Quechan Indian Tribe Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
7.2.6 Records of all tribal gaming enforcement activities;

7.2.7 All gaming-related audits prepared by or on behalf of the Tribe or one

of its subdivisions;

7.2.8 Personnel information on all Class II and Class III tribal gaming

employees or agents including rotation sheets, hours worked, employee profiles and

background checks.

Gaming Code of the Quechan Indian Tribe Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
Section 8. Gaming Management Contract Requirements.

8.1 License; Approval. In addition to specific licensing requirements contained

in this Code, each management contract shall fully comply with and is subject to the prior

approval of the National Indian Gaming Commission.

8.2 Approval Procedures. Before submission to the National Indian Gaming

Commission, each management contract shall be approved by the Tribal Council with the

advice and comment of the Tribal Gaming Commission. In addition, all management

contracts for Class III gaming in Arizona must receive certification from the Arizona State

gaming agency. Before giving final consideration to any proposed management contract, the

Tribal Council shall direct the Tribal Gaming Commission to conduct a complete

background investigation of persons with a financial interest in, or having management

responsibility for, the management contract, including requiring the submission of all

information required under 25 C.F.R. § 537, as amended, incorporated herein by this

reference and, where applicable, seek State certification of the agreement.

8.2.1 The proposed management contractor must submit a complete

background check form which contains at a minimum the following: its name, its

address, the names and addresses of each person having a direct financial interest or

management responsibility for the proposed management contractor, and in the case

of a corporation the names and addresses of each member of its board of directors

and all stockholders who hold directly or indirectly 10 percent or more of its issued

or outstanding stock.

8.2.2 A description of any previous experience that each person listed in

section 8.2.1 above has had with other gaming contracts with Indian tribes or wit.h

any gaming activity or operation wherever located, including the name and address

of any tribal government or licensing agency with which such person has had a

contract, license, permit, or other agreement relating to gaming.

8.2.3 A complete financial statement of each person listed in section 8.2.1.

8.2.4 The Tribal Gaming Commission shall contact each of the tribal

governments and licensing agencies in section 8.2.2 to determine the performance

history of the proposed management contractor.

8.2.5 Thà Tribal Gaming Commission shall arrange to have each proposed

management contractor investigated to learn of his personal attributes and to

determine whether he has a prior criminal record or any pending criminal charges.

8.2.6 The Tribal Gaming Commission shall obtain an independent

verification of the completed financial statements of the proposed management

contractor.

Gaming Code of the Quechan Indian Tribe Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
8.2.7 The Tribal Gaining Commission shall undertake any additional steps

it can to determine the character and reputation of the proposed management

contractor and each person listed in section 8.2.1.

8.2.8 If the Tribal Council, after reviewing the above-described information,

still desires to enter into a management contract with the proposed management

contractor, such management contract shall be made in writing and submitted to the

Tribes attorneys for review.

83 Compliance with 25 C.F.R. Part 531. Before any management contract is

approved by the Tribal Council, it must include at a minimum all of the required provisions

contained in 25 C.F.R. Part 531, as amended, incorporated herein by this reference.

8.4 Submission to National Indian Gaming Commission. If the Tribal Council

is satisfied with the information it receives it shall submit the proposed contract along with

all of the above described and any additional information requested to the Chairman of the

National Indian Gaming Commission for approval.

Gaming Code of the Quechan Indian Tribe Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94
Section 9. Severability.

In the event that any section or provision of this Code is held invalid by a court of

competent jurisdiction, the remaining sections or provisions of this Code shall continue in

full force and effect.

Gaming Code of the Quechan Indian Tribe Title I

Page 38

Enacted September 15, 1994

Quechan Resolution No. R-42-94
Section 10. EffectIve Date.

This Code shall become effective upon the date of its approval by the Chairman of

the National Indian Gaming Commission pursuant to the Indian Gaming Regulatory Act.

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Gaming Code of the Quechan Indian Tribe Title I

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Enacted September 15, 1994

Quechan Resolution No. R-42-94