9 % San Manuel Band of Mission Indians 

?? Tribal Ganaing Commission 

OFFICE OF TllE COMMISSION 

27995 Highlattd Avc., Suite 301 

Highland, CA 92346 

P.O. Box 70 

Patton, CA 92369 

April 28, 201 1 

The Notlorable Tracie Stevens, Chairwoman 

National Indian Gaming Cotn~nission 

1441 L St. N.W., Suite 9100 

Washington, D.C. 20005 

Dear Chairwoman Stevens, 

On or about August 30, 2010 you approved the San Manuel Tribe's Garniilg Ordi~la~ice 

(Act) which was submitted with numerous substantive amendments. 

On or about April 25, 201 1, the General Council of the San Manuel Band of Mission 

Indians ( the Tribe's governing body) passed Tribal Resolution No. 201 1-005 which imple~nents 

a very minor amencl~ne~ll to the tribe's Gaming Act. 

Specifically the only change was lo the first senle~ice of Section 7.16, which now reads 

"No elected or appointed official of the tribe's Gaming Comtnission, Entertainment Authority, or 

Business Committee, or lice~lsed employee shall engage in or be pernlitted to engage in either 

directly or indirectly tlrrough another person, any Class I1 or Class I11 gaming activities 

authorized hereunder". 

The effcctetl provision is 1101 a required provision by either IGRA or NIGC, however in 

respectful courtesy we desire to give the NIGC an opportunity lo review and approve any 

revisions to an OrdinanceIAct which you have previously approved. 

Thank you in advance for your prompt alle~llion and anticipated approval of this 

submittcd amc~ldmcnto our Tribal Gaming Acl. 

Sincerely, 

Gaming Co~ntnissio~ie~ 

cc: Eriu Copeland, Tribal General 

John I-lay, NIGC Office of Genera 
Gallling Act 

CHAPTER 7. THE SAN MANUEL GAMING ACT OF 1989.' 

SMTC 7.1 Title 

This Chapter shall be known as the "SAN MANUEL GAMING ACT OF 1989, as amended." 

SMTC 7.2 Filldings and Policy 

7.2.1 This Ordinance is adopted by the General Council of the Sa~i Manuel Band of 

Mission Indians ("Tribe"), a federally recognized Indian Tribe, pursuant to its authority under 

tl~e Tribal Articles of Association; for the purpose of establishing the terms for gallling on Tribal 

Lands for Tribal governme~~tal~id charitable purposes, and to continue to develop and operate 

such ganiing co~isistent witli the fi~ldings herein and in conforniity with the federal Indian 

Ga~ili~~g Regulatory Act (25 U.S.C. $ 2701 et. m. ("IGRA")), and regulations promulgated 

thereunder, and the Tribal-State Gaming Compact with the State of Calilbniia ("Compact"). 

This Ganli~lg Act and reg~~latio~ls 1,romulgated liereuader shall constitute gaming regulations for 

the Tribe. Based on its experience and observations in connection with such ganiing and its 

studies of similar experiences by other India11 tribes, the Tribe finds that tribally co~~trolled 

ganling on its reservation is a valuable nieans of promoting Tribal econonlic development, selfsufficiency, employment, job training and stla~~g Tribal government. The Tribe furtl~er finds that 

when regulated by the Tribe, such gan~ing call retilain free from organized crinle and other 

corrupting influe~lces and can be co~lducted fairly and honestly by both the operators and the 

players. 

7.2.2 The General Co~nlcil finds that: 

7.2.2.1 Gaming on its Tribal Lands is a valuable means of generating revenues ~ieedcd to 

proniote Tribal selr-sufficiency, eco~~omic devclopme~it, employment, job training, and a strong 

Tribal government, and to fund and ensure essential social programs and services; 

7.2.2.2 The Tribe desires to conduct cntain forms of ganiing to provide needed revenues 

to the Tribe and to regulate and control such ganiing in a manner that will protect the 

enviromnent; the Tribal Lands; the health, security aud general welfare of the Tribe; the patrons; 

and the community; and 

7.2.2.3 The Tribe desires to niallage and regulate such gaming as authorized undcr this 

Ordinance in a manner that will adequately address the iutercsts and needs oftlie Tribe. 

I Adopted by the General Cou~icil on August 3 1, 1989 as 89.02. Amended Septeuiber 19, 1994; May 13, 

1997; Sc~~cember 28, 1999; November 9. 1999; November 11,2003; March 6,2004; and Septelllbcr 9,2008; July 13 

,2010. 

7-1 
Ganli~ig Act 

SMTC 7.3 Definitioes 

U~lless specified otlierwise, ter~ns used herein shall have the same ~neani~ig asin IGRA, 

including but not lilnited to rdereuces to "Class I," "Class 11,'' and "Class Ill" gaming. 'I'enns 

shall have the following meanings: 

7.3.1 'LApplicablc Law" lileans IGRA and regulations 11romulgated thereunder, the 

Compact, this Gaming Act, and all other al~plicable laws and regulations promulgated under 

State, Federal, and Tribal law. 

7.3.2 "Applicant" means an itidividual or entity that applies for a tribal ga~niug license, 

7.3.3 "Associatioe" means the associatio~l of tribal and state gallling regulators as 

established under the Compact, the membership of wliicli comprises up to two rel~resentatives 

from each tribal gaming agency of tliose tribes witli whom the State has a Conipact under IGRA, 

and up to two delegates each froni tlie State Division of Ga~nbling Control and the State 

Ga~nbling Control Co~n~iiission. 

7.3.4 "Cninmissione~~" ~neans ameniber of the San Manuel Gallling Co~nnlissio~~. 

7.3.5 "Compact" means any Tribal-State Ga~ning Compact, including a~ileud~ile~lts 

thereto, entered illto by the Tribe pursuant to lGRA to govern the conduct of certain Class 111 

ga~ning activities on Tribal Lands. 

7.3.6 "Gaming Act" ~iiealls the San Manuel Gaming Act of 1989, as amended. 

7.3.7 "Gaming Activities" means any Class I, Class 11, or Class I11 gaming activity 

authorized under this Gaming Act or under tlie jurisdiction of the Tribe. 

7.3.8 "Gaming Comnlission" means the tribal govern~nental agelicy established by tlie 

Tribe under this Gallling Act to monitor Gaming Activities, i~ivestigate wrongdoing, conduct 

backgro~u~d investigations, issue licenses, and perfo1.m other duties as required for the regulation 

of gaming on the Resnvation. For tlie purpose of co~lducting backgroutid investigations of and 

issuiug licenses to the Commissioners and Gallling Comniission e~nployees, sucli persolis shall 

be deemed to be Key Employees under this Gaming Act and shall be required to pass a 

background investigatiou and hold a valid gamiug liceuse co~isistentherewith. 

7.3.9 "Gt~ining Employec" means any persol? who: (a) operates, maintains, repairs, assists 

in any Gallling Activity, or is in any way responsible for supe~.vising such Gaming Activities, 

including persons \vho conduct, operate, account ibr, or supervise any such Gaming Activity; (b) 

is in a category u~ider federal law, the Compact, or tribal gaming law requiring licensing; (c) is 

an elliployee of the Gallling Co~il~iiissio~~ or of tlie Ganiing Operation witli access to confidential 

or proprietary information; (d) is a person whose routine employnient duties require or authorize 

access to areas of the Ga~ning Facility that are not accessible to the public; or (e) is a person 

whose routine employ~nent duties require or autliorize access to confide~ltial or prolxietary 

infor~nation regarding the Gaming Facility where such person may have tlie ability to alter or 

manipulate such inforn~ation for illicit or u~iauthorized purposes. 
Gami~~g Act 

7.3.10 "Gaming E~~terprise" or "Gaming Operalio~~" nieans any gaming business, event, 

enter1)rise or activity conducted by or under the jurisdiction of tlie Tribe. 

7.3.1 1 "Gaming Facility" means any building in which Class 111 gaming activities or 

ganiing operations occur, or in which the business records, receipts, or otlier f~nids of tlie Class 

111 ga~ning operation are ~naintained (but excluding offsite facilities priniarily dedicated to 

storage of those records, and financial institutions), and all rooms, buildings, and areas, including 

parlting lots and walltways, a l~rincipal purpose of which is to serve the activities ol'the Tribe's 

Gaming Ol>et.ation. Nothing in this Ganiing Act prevents the conduct of Class 11 ganiing (as 

defined under IGRA) in the Gaming Facility. 

7.3.12 "Gaming Resources" nieans ally goods or services provided to or used in connection 

with Ga~iiing Activities, whether exclusively or otherwise, including, but not limited to, 

equipmeat, furniture, gambling devices and ancillary equipme~~t, implements of Ganiitig 

Activities such as playing cards and dice, furniture designed primarily for Gaming Activities, 

nlaintenance or security equipment and services, gaming consulting services, and the lilte. The 

term sliall not include professional accoullting or legal services. 

7.3.1 3 "Gaming Resource Supplie~." or 'LGaming Cont~.actor" nieans any person or entity 

wlio, directly or indirectly, manufactures, distributes, supplies, vends, leases, or otlierwisc 

purveys Ga~iiing Resources to the Tribe's Gaming Operation, Gaming Enterprise, or Gallling 

Facility. The Gaming Co~i~~iiission niayexclude a purveyor of equipment or furniture that is ]lot 

specifically designed for, and is distributed generally for use other than in connectio~i with 

Gaming Activities, if the purveyor is iiot ollierwise a Gaming Resource Supplier under the 

Compact, and tlie compensation received by tlie purveyor is not grossly dispropo~tionate to the 

value of tlie goods or services provided, and tlie purveyor is not otherwise a person wlio 

exercises a signif cant influence over tlie Ganiing Operation. 

7.3.14 "General Cou~lcil" means tlie governing body oftlie Tribe. 

7.3.15 *'Key Employee" nieans a person who perfonns one or more of the following 

functions: bingo caller; counting room supervisor; chief of security; custodia~i of gaining 

supplies or cash; floor manager; pit boss; dealer; croupier; allprover of credit; or custodian of 

gaming devices, including those persons with access to cash and accou~iting records within such 

devices. If 1101 otherwise included, any other person whose total cash conil~ensation is in excess 

of$50,000 per year, and tlie four li~ost liiglily conipensated persons in the Ga~ning Operation, are 

included in tlie definition of Key Employee. Key Enlployee sliall also include ally employee 

considered a Key Eniployee undn criteria established by the Stale and the Tribe under tlie 

Compact, as well as ally person whose eiiiploynie~ent duties require or a~itliorize access to 

confidential or proprietary inforniation regarding the Gaming Facility where such person niay 

have the ability to alter or ~i~aliipulate such i~iforniatio~i ibr illicit or unautliorized purjloses. At 

tlie discretion of the Gaming Commission, otlier positio~is or persons liiay be included under the 

defiiiition of Key E~iiployee and are subject to the require~iie~its thereof. 

7.3.16 "National 111dian Gaming Commissior" or L'NIGC" lneans the federal gaming 

commission establislied under IGRA. 
Carnirlg Act 

7.3.17 "Person" means any natural person or entity, including but not limited to 

corpo~xtions, partnerships and trusts. 

7.3.18 "1'1.imary Management Official" Ilieans the person who has management 

responsibility for a managnliellt cotitract; any person who lias authority to hire and fire 

e~iiployees or to set up worlti~~g policy for tlie Ga~iii~ig Operation; or tlie chief financial officer or 

other person who has financial management responsibility. At tlie discretion of the Gaming 

Co11i11iissio11, otlier positions or persotis liiay be i~icluded under and be subject to the 

requirerne~its for Primary Management Officials. 

7.3.19 "Reservation" or "Tribal Lands" Tileans all lands under the jurisdictioti and control 

of the Tribe, including those lands that satisfy the dei~iitio~i oT "lndian lands" as set forth in 

IGRA. 

7.3.20 "State" l~ieans tlie State of California. 

7.3.21 "State Gaming Agency" means the entity authorized to investigate, approve, and 

regulate Class I11 ga~iiing lice~ises purscla~it to the Gambling Co~itrol Act (Chapter 5, 

commencing wit11 section 19800, of Division 8 of tlie Busi~iess and Prof&sio~ls Code). If the 

State fails, u13der a Compact provision, to clesignate an agency autl~orized to investigate, ap]>rove, 

a~id regulate ganii~ig licenses, any function otherwise assigned to tlie State Gaming Agency shall 

be assu~iied by the Gaming Commissio~l until sucli ti~iie as the State establishes atid designates 

such an agency. 

7.3.22 "Tribal Court'' liiealis ally court establislied by the Tribe under its Judicial Code to 

hear disputes, or if there is none, an indel~eiidentribunal. 

SMTC 7.4 Ownersl~in of Gallling 

The Tribe lias tlie sole proprietary interest in and respo~isibility for tlie conduct of ally Gaming 

Operation authorized by this Gaming Act. 

SMTC 7.5 Galnine Co~nn~ission 

7.5.1 Establisliment. Tlie Tribe hereby establishes the Sa~i Ma~iuel Gaming Cotnmissio~l to 

be headed by at least one full time Co~~imissio~ier appointed by tlie Ge~leral Council. The 

appointed tern1 for the Commissioner shall not be less than two years, as mutually agreed by tlie 

Co~iimissioner and tlie General Couticil. Tlie Commissioner may be reappointed for subsequent 

ternis at tlie discretion oftlie General Council. A Com~liissiotier may not be 811 elected official of 

tlie Tribe, or ernployed in ally Gaming Enterprise or by tlie Tribe in any other cilpacity, while 

serving as a Gaming Co~liriiissioner. Other Comtiiissio~iers ~iiay be a1)poitited by the Gelieral 

Cou~icil upon tlie request of the head Commissioner or as the General Council deems necessary. 

7.5.2 Standard of Professional Conduct. Each Commissioner shall abide by the following 

standard of professional conduct: confidentiality, impartiality, fairness, and co~ii~nit~ne~lt to 

upholding t11e rel)utatio~i of the Tribe for conducting Gaming Activities of the Iiigliest integrity 

and honesty. 

7-4 
Grmi~~g Act 

7.5.3 Other Co~iiiiiission Positions 

7.5.3 1 Secretar~lTreasure~.. At the discretion of tlie Gaming Comiiiissioti, a ~iieniber of 

the Gallling Com~iiission strff may be designated as SecretaryITreasurer to tlie Gaming 

Commission. The Secretary/Treasurer to the Conimission sliall be res]>onsible for disbursement 

of Ga~iiilig Co~n~iiissio~i funds in accordance with Tribal gover~i~iiental agency policies atid the 

Ganiing Co~inilissio~i budget. Tlie Coriimissioner and SecretaryITreasuw shall approve 

payment of all goods and services for the Ga~ni~~g Commission. All fuiids sliall be paid out from 

Tribal accounts for tlie Ganiing Conimission expenditures and charged against tlie Gatiii~ig 

Co~iimission's approved budget. Tlie Secretarylrreasurer to the Corii~iiission shall also ensure 

that all official actions talcen by the Gaming Commission are recorded, and that the written 

records thereof are niailitained in accordalice with applical>le docu~nent retention policies. 

7.5.3.2 Delluty Coiii~iiissioner. The Gaming Commission niay recruit and en~ploy a 

Deputy Cotiimissio~ier, who shall serve at tlie pleasure of the Ganii~ig Co~iiniissio~i and whose 

al~pointnie~it sliall be noticed to the Business Committee. The Deputy Colnmissioner s11all 

assuiiie certain delegated duties and responsibilities as determined by the Ganiing Co~iniiission. 

7.5.4 Suitability Standards. Tlie Gaining Coiii~iiissio~~er, Deputy Co~ii~iiissioners ancl 

Ga~iiiiig Coiiimissiol~ en~ployees IIILIS~ meet or exceed the qualifications established under this 

Ganiing Act al~d the Compact. For the purpose of conducting background investigatioiis of and 

issuing licenses to the Commissioners, Deputy Commissione~.~ and Gaming Commission 

e~iiployees, such 1)ersons sliall be deemed to be Key Employees u~ider this Gatiiing Act and shall 

be required to pass a baclcground investigation and hold a valid gaming lice~ise consistent 

tlierewith, iticludi~lg a review of financial, criminal, and e~iiployment history, contact with 

references, and all other suitability requirements for certificatioii or licensi~ig by tlie State or tlie 

Tribal Gaining Commissio~i. 

7.5.5 Backprouud Investig&. Background investigations of Gaming Commissioners, 

Deputy Commissioners, and Gaming Commission employees, as designated by the Gaining 

Commission, shall be conducted by an independe~it i~ivestigator or a11 investigator appointed by 

the Gaining Commission under tlie direction of the Gaming Conimission, al~d if dee~iied 

necessary, the Tribe's attorney. The investigator sliall conduct an i~ivestigation sufficient to 

iiiake a determination of eligibility as required under this Act and other applicable law. This 

sliall include verification of infortnation sub~iiitted by the applicant. In conducting the 

background investigation, the investigator and the Ga~iii~ig Coiii~iiissio~~ sliall ~iiaintain as 

confidential tlie identity of each person i~iterviewed in tlie course of the investigation. Tlie 

investigator sliall document all potential probleiii areas noted and any disqualifying information. 

The attorney andlor Gaiiiing Co~ninissioi~ sliall Iceel) the details of the i~ivestigation confide~itial, 

but the attorney !nay confer with the investigator or any other person experienced in conducting 

or evaluating backgroutid investigations provided such otlier person agrees to inaintain tlie 

confidentiality of the infomiation obtained about tlie applicant. 
Galllillg Act 

7.5.5.1 Tlie attonicy andlor Gaming Conimissio~i sliall nialte a determination as to 

whether the suitability standards contained within this Ganli~ig Act liave beell met, and if so, 

sliall certify that fitiding in writing to tlie Business Committee. 

7.5.5.2 Baclcgro~uid investigations of all Gamiug Co11nnissi01i employees that are not 

co~iducted by an independent or appointed investigator as 11rovided for above shall be conducted 

by the appropriate Gallling Colilniission staff as directed by tlie Gaming Commission, u~iless 

otlierwise provided for by tlie Gatiling Com~~iission. 

7.5.6 Conipmsation. The salaries for Commissioners sliall be approved by the Business 

Comniittee as part of tlie annual budget, in col~junction witli a recomrnel1dation of l-luman 

Resources. Subject to a budget to be approved on an annual basis by the General Council, 

Co~niiiissioners sliall be reimbursed for expenses incured in cotinection with the perfoma~ice of 

their duties as Commissioners and in accordance wit11 tlie budget. Policies with respect to 

reimburse~nent of expenses sliall be the same as tliose al~plicable to otlier Tribal govern~nent 

employees. Any Commissioner e~nployed 011 a full-time basis sliall be eligible for the same 

fringe benefits as such other fi~ll-time Tribal govelmiient employees. 

7.5.7 Railoval for Good Cause. Conin~issioners may only be re~iioved from office before 

tlie expiration of tlieir terrii by the General Council for neglect of duty, liialfeasance or otlier 

good cause shown (collectively referred to as "good cause"). Upon receipt of an allegatio~l of aa 

act or oiiiission that constitutes good cause fio~ii the Business Committee, tlie General Council 

may suspend, with or without pay at its own discretiotl, a Ganiing Com~nissio~ier fia~n office for 

no liiore tlian 60 days pending a full investigation of misconduct. At the expiration of the 

suspension period, tlie suspension shall be lifted upon a deterniination tliat 110 cause exists for 

re~noval under this Ga~iiing Act, or, upon a findi~ig of misconduct, tlie General Cou~icil shall 

discipline the Co~nn~issio~ier as alIpropsiate, up to and includi11g re~noval fsom office. 

7.5.8 Post-Commission Restriction. Unless otherwise provided by tlie Ga~iiing 

Commissioti, Ganiing Conniiissioner and Conimissio~i employees shall be precluded fsom 

consulting or employme~it in any l~osition with tlie Tribe's Gaming Activities for a period of 110 

less than two (2) years fi.0111 tlieir date of ter~nination at tlie Gaming Commission. 

7.5.9. Conflict of Interest. If ally Commissioner has a conflict of interest in 

investigating, hearing or decidii~g a matter to come before the Ganiing Co~iimission, sucli as 

~natters involving a member of the Com~iiissioner's ho~~seliold or immediate family (parent, 

sibling, cl~ild, or spouse), the Con~n~issioner sliall recuse himself or lierself fso~ii tliat mattel; and 

tlie Deputy Colnmissioner, or, in tlie absence of a Deputy Co~nmissioner, other qualified 

employee sliall serve as tlie investigating or hearing official o~ily for tlie purl2oses of that matter. 

7.5.10 Personnel and Administrative Policies. Tl~e Gaming Co~nmisdon sl~all be deemed to 

be an agency of tlie Tribal governme~it and as sucli sliall be sul?ject to the personnel and otlier 

goveln~iiental admi~iistrative policies of the Tribal goveniment, as the General Cooncil shall 

deteniiiae fsom time to time. 111 the absence of specific personnel policies, those affecting 

manage~ne~it level employees of the Galning Enterl~rise shall be applietl to tlie operation of the 

Ga~ning Commission. Tlie Business Colii~iiittee shall, in good faith, consider atid approve any 

exceptions necessary to tailor such policies to the Gaming Commission. A Conltliissioller 
employed on a full-time basis sliall agree to be employed in accordance aud co~isiste~it witli 

policies set for other Tribal government employees and to strictly abide by Gaming Commission 

oaths of confidentiality and professionalism in tlie discharge of their duties. 

7.5.1 1 Gamin2 Co1i11iiissio1i lnde~>e~idence. Notwitlistandi~ig tlie fact that the Gatni~ig 

Co~iiiiiissio~i is a Tribal gover~~rnet~tal agency atid is accountable to the Business Committee, 011 

behalf of tlie General Council, for its administration, in order to maintain indel~ende~ice and 

ensure tlie higliest level of integrity, tlie Business Commit.tee sliall ~iot interfere with Gaming 

Commission busiriess 01. co~npro~nise the Gaming Co~iimission's ability to perfor~ii its duties and 

responsibilities as provided for in this Act. The decisiolis of the Gaming Co~n~nissio~i regarding 

licensing, suitability and co~iipliance witli Applicable Law shall be within tlie exclusive province 

of tlie Gaming Commissio~i, except that the Business Co~iiliiittee ]nay review any allegatio~i that 

the Gauning Co~iimission has exceeded its authority under this Gaming Act a~id if it dee~iis the 

allegatio~~ to be true, shall refer the allegation to the General Council for action, which may 

include re~iioval of a Co~~i~nissioiier for cause. 

7.5.12 Ga~iiing Co~ii~~iissio~i Funding. Tlie Ga~ni~ig Co~ntiiissio~i sliall be f~inded tlirougli an 

annual appmpriation by tlle Ge~ieral Council and sucli additional funding actio~is as the Ge~inal 

Council shall deem necessary. U~ijusl pressure sliall not be placed upon tlie Ga~iii~~g 

Commission tliro~~gli the budgeting process. After meetitlg and conferring with tlie General 

Council about such appropriation, the Gallling Comniission sliall prepare a budget. Such budget 

sliall be sub~iiitted to the Busiiiess Co~n~nittee nolater than sixty (60) days behre the end of eacli 

Tribal fiscal year. The Busi~iess Coliniiittee sliall, in good faith, act to approve tlie budget. The 

Business Committee liiay modify the budget where such modification is needed to properly 

reflect the intent of the General Council. Within five (5) days afler approval dtlie budget, i'~111ds 

from the Tribe's treasury sliall be appropriated for the Garning Co~iimissio~i's approved budget, 

except that at any tirne tlie General Council inay prescribe other schedules for disbursing such 

fiuids. 

7.5.12.1 Financial Rel>orts. Tlie Gatiiing Co~nliiission sliall maintain its acco~uits, boolts 

and records, including records of all incollie and expenditures, in accordance wit11 generally 

accel~ted accou~lti~lg principles a~id consiste~it with Tribal governmental policies regarding 

manageme1it of funds and records. A financial report sliall be retidered by the Ga~niiig 

Coiiimissjon to die General Council at least quarterly. All expe~idit~lres sliall stay within ten 

percent (10%) of the approved budget. 

7.5.12.2 Annual Reports. 011 or before April 30th of eacli year, the Ga~lii~ig Co~nmissio~i 

sliall provide to tile Busi~less Coinmittee an Annual Report sunimarizirlg its activities duri~ig tlie 

prior twelve (12) month pniod ending on December 31, and accounti~ig for all receipts and 

disbursements, a copy of which sliall be l>rovided by the Busiiiess Co~ii~iiittee toany Tribal 

membn upon his or her request. 

SMTC 7.6 Powers and Duties 

The Gaming Commission shall have tlie power, duty, and primary respo~lsibility to cany out 

the Tribe's regulatory responsibilities under federal or tribal law ancl any applicable Co~iipact: to 
Gaming Act 

enforce tliose require~nents; and to protect the integrity of the Gaming Activities and tlie 

reputation of the Tribe and tlie Gaciiing Operation under provisions to include fie following: 

7.6.1 Conduct on-site ganiilig regulation and control, and inspect, test internal control 

systems, audit, exanline, and monitor the Gallling Facility; prepare re1,orts and monitor 

compliance, including the authority to de~nand access to and inspect, exanline, photocopy and 

audit all pal,ers, boolts and records related to the Gaming Facility or Gallling Activities. 

7.6.2 l~ivestigate any suspicion of wrongdoing in connection with the Gallling Facility or 

Ganiing Operation, or related to any Ga~ni~ig Activity or licensee, including potential licensing 

or internal control violations, or intn'ference with Gariiing Commission operations, and require 

correction of violations as the Ganii~ig Coliiliiissio~i deems necessary, including establishing and 

imposing fines or other sanctions against licensees or otlier persons who interfere witli or violate 

the 'Tribe's gaming regulatory requirements under alq>limble Mnal or tribal law or the 

Compact, and by notification to al~plicable regulatory authorities as deenied necessary for 

violations not corrected in a timely manner. 

7.6.3 Conduct, or cause to be conducted, sucli investigations as may be necessary to 

deter~iiine compliance witli applicable laws, including this Ganiing Act, or any contracts, 

agreements, goods, services, events, incidents, or other matters related to Gallling Activities. 

7.6.4 Conduct, or cause to be conducted, background investigations regarding any person 

or entity in any way connected with any Gaming Activity andlor tlie Gaming Operation, and 

issue licenses and identification badges to, at minimum, all Key Employees, Primary 

Management Oi'ficials, and Ganiing Resource Suppliers according to requirements at least as 

stringent as those established in 25 C.F.R. Parts 556 and 558; provided no Com~iiissioner shall 

provide any personal endorserne~lt, recommendation or other sul?pu~? hr an applicant, in 

accordance witli this Gaming Act and tlie Compact. 

7.6.5 Adlilinister oaths or affirniations to witnesses al11)earing before tlie Gallling 

Commission; hold hearings, sit and act at sucli tinies and places, suliimon persons on Tribal 

Lands to attend and testify at such hearings, tale testimony, and receive such evidence as the 

Gaming Commission deniis relevant to fulfill its duties. 

7.6.6 Execute agreements necessary to receive comprehensive criminal history and other 

bacl<ground investigation inforniation fiom otlier jurisdictions aacl sources. 

7.6.7 lniplenie~lt and administer a systnii for investigating, licensilig (i~~cluding license 

issuance, renewal, denial, and revocation), and monitoring for the Ganling Facility, employees, 

Ga~r~iug Contmctots, vendors, strppliers, investors, and others connected wit11 Gaming Activities, 

as described below, including the licensing of Gallling Facilities, individuals and entities as 

required under this Gaming Act, IGRA, or any applicable Compact. 

7.6.8 Ensure, ionit it or, and direct inspections of Gaming Facilities by qualified building and 

safety experts in ordn to coml~ly witli the 'Tribe's building and sal'ety codes; provide reports as 

requested to the State if applicable under the Compact; review reports; and issue a certificate of 

occupancy to tlie Gaming Facility. 
Galuil~g Act 

7.69 I'rovide a col,y of each Gaming Facility license and renewals tliered to the NIGC, 

including, at mini~lium: tlie Tribe's name; name and address of the Ga~iii~ig Facility; type of 

gaming allowed; effective date of license; tlie signature of the tribal official responsible for 

issuing the license; and the name and plione number of the Gaming Commission. 

7.6.10 Hear and resolve disputes against the Gaming Facility or Ga~iii~ig Operation, in 

accordance with procedures established in tliis Gaming Act and tlie Tort Liability Ordinance, 

consisterit with the Compact. 

7.6.1 1 Hire stars and support services as dcelned necessary, subject to the Gaming 

Co~ii~llission budget a1,provcd by tlie Business Committee. 

7.6.12 To tlie extc~it requircd, co11ipIy with ally reporting require~ilents establislicd u~ider tliis 

Gaming Act, tlie Co~nl~act, IGRA and ~.egulations promulgated thereunder, and other applicable 

law. 

7.6.13 Develop necessary docu~ilentation and protocols, and estal7lish joint cooperative 

worlting relationsliips with federal, state, and local jurisdictions as necessary to assist in ensuring 

the effective regulation of the Tribe's Gaming Activities. 

7.6.14 Implement appropriate rules, regulations, and procedures to ellsure the effective 

mforcement of tlie pl.ovisions of tliis Gaming Act, illcludi~ig but not liliiited to: 

7.6.14.1 Protect the physical safety of gaming patrons, employecs, and otliers in the 

Gaming Facility; 

7.6.14.2 Ensure the physical safeguarding of assets transported to, within, and fro111 tlie 

Gan~i~ig Facility; 

7.6.14.3 Pl.cvent illegal activity in the Gaming Facility or Ga~ili~ig Operation through: 

7.6.14.3.1 Maintenatice of eniployee procedures and a surveilla~lce system in accordance 

with itidustry standards; 

7.6.14.3.2 Maintenance of detailed and peniianeut records of all occurrences and 

incidents it1 the Gallling Facility tliat deviate from normal operating policies and procedures; 

7.6.14.3.3 Establishment of e~iiployee procedures to detect theft, cheating and fraud; 

7.6.14.3.4 Development of an exclusion policy tliat includes a right to a hearing and 

requires maintenance of a list of persons bared fro111 tile Gaming Facility; 

7.6.14.3.5 Collduct of an a111iual CPA audit; 

7.6.14.3.6 Approval of all game rules and regulations; 

7.6.14.3.7 Establish and i~npose license fees, sanctions, fines, and co~iditions as 

a1,propriate under applicable law; 

7-9 
Ga~nirig Act 

7.6.14.3.8 Investigate and ensure compliance with any requirements for tribal ownership, 

aianage~nent, and control of the Gaming Facility aatl Gaming Operation, as set fort11 in 

applicable law; 

7.6.14.3.0 l~ivestigate and ensure co~nplia~ice with age restrictions for patrons including 

provisions prohibiti~lg minors in tlie Ga111i1ig Facility and age limits on service of alcoholic 

beverages as provided under applicable law; 

7.6.14.3.10 Carry out any requirements ulider tribal or federal law 01. Compact Tor tlie 

protection of the health and safety of Gaming Facility patrolis, guests, and e~ilployees, including 

requirellients that tlie Gaming Facilities meet building and safety codes duly adopted by tlie 

Tribe; and 

7.6.14.3.1 1 Approval of Gaming Facility floor plans, closed-circuit televisio~i system, and 

cashier's cage, minimum staflilig and supervisory requirements, and technical standards for 

ga~ili~ig device operations. 

7.6.15 Ensure gaming devices are not transported to or from tlie Tribal Lands except in 

accordance with procedures establisl~ed by an agreement between tlie Galiiitlg Co~ii~nissio~i and 

tlie State Gaming Agency. The agreement shall require at least tell (10) days notice to tlie county 

sheriff, and transportation only to specific desti~iatio~is for specific purposes as established in the 

agreement and the Compact. 

7.6.16 Promulgate rules fbr each Class 1, Class 11 or Class 111 gamc allowed under this 

Gaming Act to govern thc conduct of such games. 

7.6.17 Comply with a tribal co~iflict of interest policy to ensure that Commissioners are free 

from conuption, u~iclue influence, compromise, and conflicting interests in tlie co~lduct of their 

business. 

7.6.1 8 The San Manuel Gallling Co~ilmissio~i shall ensure compliance with 25 CFR Part 542 

by formally ado1)ting and ~iialti~ig applicable to tlie tribe's gaming operation(s) internal col~trol 

standards that: 

7.6.18.1 Provide a level of colitrol that equals or exceeds those set fort11 in 25 CFR part 542, 

as published or as revised by mutual agreement between the National Indian 

Ga~ili~lg Co~n~nissio~l and tlie Sali Manuel Tribe; 

7.6.1 8.2 Colltal~i standards for currency transactio~i reporting that com~ly wit11 3 1 CFR Part 

103; and 

7.6.18.3 Establish internal control standards for Class 11 and Class 111 gamcs that are not 

addrcsscd in the MICS, if any. 

7.6.18.4 111 order to verify that the gaming operation is in compliance witli the internal 

co~itrol standiirds adopted p~~rsua~~t to Section 7.5.18.1-3 an independe~it certified 

public accountant (CPA) shall be engaged an~iually to llerform "Agreecl-Upon 

P1.oceduresn in tlie manner provided for in 25 CI'R 542.3(f). 
Gaming Act 

7.6.18.5 The tribal gaming reg~ilatory authority and tlie NIGC shall monitor and enforce 

coml>liance witli the i~iternal control standards adopted pnrsuant to Sectio~i 

7.6.18.1-3 in the manner provided for in 25 CFR 542.3(g). In addition, tlie 

National India11 Ga~iiing Conimission sliall, for tlie purpose of enforcing 

compliance witli tlie internal control standards, have tlie power to: 

7.6.18.5.1 monitor all Class I1 and Class III gaming on a conti~lui~ig basis; 

7.6.18.5.2 ~ns~~cct and examinc all prcmises on wliicli Class I1 and Class 111 gaming is 

conducted; and 

7.6.18.5.3 denland access to and inspect, examine, photocopy, and audit all papers, boolts, 

and recol.ds respecting gross revenues of all Class 11 aid Class I1 ganiilig or ally 

other matters necessary to ensure and enforce co111p1j;ulce wit11 tlie MICS. 

7.6.18.6 Any failure to adopt internal control standards pursuant to Section 7.6.18.1-3 to 

perform Agreed-Upon Procedures pursuant to Sectio~i 7.6.18.4, to prevent or obstruct tlie 

exercise of any of the Commission's powers under Section 7.6.18.5, or to coniply with the 

internal control standards once adopted is a violation of tliis ordinance. The Cliainiian of tlie 

National Indian Galiii~ig C01111iiissio1i sliall liave tlie authority to remedy violatio~ls of this 

ordinance under 25 U.S.C. 2713 and its inil>lenie~itilig regulations, and the Tribe shall liave all 

rights and remedies available thereunder 

7.6.19 Carry out such otlier duties witli rcspect to tlie rcgulatioli of Ganiing Activities on 

Tribal Lands as rcquired under Applicable Law, includi~ig tliis Gaming Act, IGRA, and tlie 

Compact, and as tlie General Council sliall direct. 

7.6.20 Cany out sucli other duties as assigned by the Business Coliiniittee of the 'Tribe, 

regardless of whether such duties relate to the regulation of Gallling Activities on Tribal Lands. 

Such assignment shall be made tlirougli appropriate policy or procedure in order to capitalize 

upon certain expertise of tlie Ganii~ig Co~ii~iiission. 

SMTC 7.7 Enforceme~~t 

In the event it is determined that a licensee or the Gallling Enterprise has violated Applicable 

Law, iticluding any internal control procedures or policy of the Ga~iii~ig Enterprise, a written 

report of sucli incident sliall ininiediately be ~iiade to the Gaming Commission. The Co~ii~iiissio~i 

shall then investigate and determine what action should be talten, if any. II'action is required, the 

Commission shall issue a citation to the Ganiing Enterprise, notifying it CJ tlie specific 

violation(s) or issues, measures which I~ILIS~ be talten for correction, and a reasonable tinie liniit 

in view of all tlie citcumsta~ices in which such action niust be talten. Copies of any such citation 

sliall si~iiulta~leously be served on the Business Co~n~iiittee of tlie Tribe. The Commission liiay 

enforce sucli citations by: (a) suspending or revolting the lice~ises of any persons found to liave 

violated Applicable Law; or (b) such lessn penalty or other remedy as the Coniniission shall 

detertnine, including the itiiposition of fines or sanctions. Nothing herein sliall prevent or 

probibit tlre Garrring Co~nmission from seelting co~iiplia~~ce assista~~ce kom local, kdelal, or 

state gaming or law enibrcement agencies, the Bureau or Indian Affairs, or the National Indian 
Gallling Act 

Gaming Commission, particularly but not liliiited to ally iastance ill which the Gaming 

Enterprise and tlie General Council have failed to correct a violati011 of Applicable Law. 

SMTC 7.8 Permitted gamin^ Activities; Regulation of Gn~liilig Activities 

7.8.1 Unauthorized Ga~iiitin Prohibited. All Gaming Activities on 'Tribal Lands are 

prohibited exccpt as cxl~ressly per~ilittcd under this Gaming Act. 

7.8.1.1 Class I Gaming. Class 1 Ga~ni~lg Activities are hereby permitted to tlie extent 

co~isistent with Tribal ci~sto~ii and practice and provided the General Cou~icil is given at least 

seven (7) days prior notice in writing of any intention to engage in such ga~ning. The General 

Co~~icil liay prohibit ally co~iduct that is clainled to be Class I gaming if the Council finds that 

such conduct is not in accordatlce with Tribal customs or practices or violates IGRA or any other 

law. 

7.8.1.2 Class I1 and Class 111 Gaming. Class 11 and Class Ill ga11ii11g 011 Tribal Lands are 

llereby authorized as per~iiitted under Applicable Law, provided the Tribe has tlie sole 

proprietary interest in and responsibility for the conduct of my Gaming Operation. Tlie Tribe 

also reserves the right to contract with and license a person or entity to own, operate, or manage 

tlie Ga~iiing Operation pursuant to the provisions of IGRA or as otherwise permitted by law. 

Nothing herein shall prohibit tlie Tribe from engaging the services of non-tribal persons as 

em1doyees or e~igagi~ig any person or entity to assist the Tribe in the inanage~nelit of a Gaming 

Activity pursuant to a ~iianage~iient agree~iient entered into under tlie provisions of lGRA or ally 

other applicable law. Class I11 gallling shall be cotlducted in accordance with a Compact, or ally 

alternative thereto as provided by IGRA. 

SMTC 7.9 Use of Gaming Revelrues 

7.9.1 Exce11t as provided for under the terms of an agreement pursuatlt to the provisions of 

lGRA or as otherwise permitted by law, all net revenues ge~ierated fro111 any Class 11 or Class 111 

Ga~iiing Activity are tlie property of the Tribe. Net revenues foil1 Class I1 and Class 111 Ga~iiillg 

Activities shall olily be used for tlie followi~ig purposes: 

7.9.1 .I To fund tribal government operatiolis or programs; 

7.9.1.2 To provide fhr the gcneral welfare of tlie Tribe and its ~iie~ilbcrs; 

7.9.1.3 To promote eco~io~ilic develop~iient for tlie Tribe; 

7.9.1.4 To donale lo charitable purposes; 01. 

7.9.1.5 To help fu~id operations of' local governmental agencies. 

7.9.2 Except for rights to per capita payments, if any, or as set forth below, no Tribal 

111ember shall have any interest 01. expectation in any funds generated by any Gaming Activity. 

All such filnds arc dee~ued Tribal funds only wd are and shall remain the property of tlie Tribe 

until disbursed, if at all, fom the general treasury. Tlie General Cou~icil shall retain tlie sole 
Gaming Act 

discretion as to liow such funds are utilized, and once becoii~i~ig part of the treasury such f~lncls 

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

for accounting purposes or to comply with applicable law. Notwitlistanding anything herein to 

the contrary, if the Tribe elects at any time to iiialte per capita l)aymeiits to the members, it sliall 

authorize suc11 pay~iiel~ts oiily upon al)proval of a plan submitted to the Secretary of the Interior 

under 25 U.S.C. $ 2710(b)(3). Paymelits out of general treasury f~111cIs to tribal ~~ie~iibers under 

other tribal programs, including those relating to health, welfare, education, elderly care, and 

housing, shall not be deemed to be "per cal~ita" payments when sucli fi~nds are paid from tlie 

T~.ibe's general treasury. 

SMTC 7.10 Operatio~l of Ga~niile Establishments 

7.10.1 Gami~ie Facilitv License. Except to the extent authorized by ail agreement pursuant 

to tlie provisions of lGRA or as otherwise peniiitted by law, Gaining Activities sliall o~ily be 

cotiducted in tribally owned, operated and licensed Gaiiii~ig Facilities pursuant to tlie provisioiis 

of this Gaming Act, the Compact and other applicable law. Such activities shall be conducted in 

accorda~ice witli the terms aiid conditioiis of the lice~~se issued to the Ga~lii~ig Facility by tlie 

Gallling Co~ii~iiissio~i prior to tlie collduct of any Gamitig Activities therein. 

7.10.1.1 Before Gaming Activities call be coilducted in any Ga~niiig Facility, tlie Gaming 

Comlilission sliall insl~ect aild license each Gatiiilig Facility in accordance witli this Gaining Act, 

tlie Compact and other al)plicable law. The Gaiiiiiig Co~~iiiiissiol~ siall also deter~iline aiid 

certify that tlie Ga~niiig Facility aiid any new Gaiiiii~g Facility construction liieets the Tribe's 

building and safety codes, and any applicat?le federal or Colilpact requiremeiits, and issue a 

certificate of occupancy to tlie Ga~iii~ig Facility as required under the Compact. 

7.10.1.2 The Ga~iiilig Facility lice~ise shall identify: the name and address of the Gaming 

Facility; type of gaming allowed; effective date of the license; naliie and telephone 11~111iber of tlie 

Ga~iiing Com~nission; and such other matters as tlie Ga~iiiilg Co1~111iissio11 may deal1 necessary to 

the conduct of Ga~iii~ig Activities therein, or as iiiay be required uiider a Co~iil~act or otlier 

applicable law. 

7.10.1.3 The Gaming Facility's license sllall require renewal at intervals as determilled by 

the Ga~iiiiig Commission, provided that tlie valid terlli for a facility license sliall not exceed two 

years. The renewal process shall include all inspections required to certify continued compliance 

with all a1>plicable Tribal Codes, tlie Compact, and NlGC Regulations. 

7.10.2 Protection of Environment and Public. The construction and luailltellarice of any 

Gaming Facility, and the operation of Gaming Activities therein, shall be conducted ill a manner 

which adequately protects tlie environme~it and the public health and safety, in coiiil~liance with 

any stalidards required under tribal and federal law, and the Compact. 

7.10.3 Dislnte Resolution. Patrons who have personal injury or property da~iiage 

complaints ("Patron 'Tort Claitns") against tlie Gaming Facility or Galiiilig Operation shall liave 

the right to remedies provided in the Tribe's Gaming Facility Tort Liability Ordi~iance. Pslrons 

who have complaints arising fro~ii their l~articipation in Gaming Activities at tlie Gaming Facility 

("Patron Claiiii~ig Claims") sliall liave tlie right to remedies as p~.ovided in illis Gaming Act. 
Ga111il1g Act 

ShITC 7.1 1 Audits 

7.1 1.1 Annual Audit. The Gaming Com~nission shall ellsure the engagement of a 

recognized independent accounting .fir111 to conduct all a111iua1 audit ol' the Tribe's Class 11 and 

Class 111 Ga~ui~lg Operations. 

7.1 I .2 Contract Review and Audit. Each gallling related contract for supplies, services, or 

coticessio~~s that results in purchases of more than $25,000 a111111ally (except contracts ibr 

professional legal or acco~l~ititig services) relating to Class 11 or Class 111 gallli~ig 011 tlie Tribal 

Lands shall be included in the independent audits. At least three (3) bids shall be required bdore 

any contract may be executed for goods or services in connection with any Galiii~ig Activity for 

an amount in excess of $25,000 or to be performed over a period of~liore than twenty (20) days. 

The General Cou~icililay waive the requirniient of three (3) bids upon good cause shown. All 

prol~osals for bids as well as all bids received 111ay he reviewed at the discretion of tlle Gaming 

Commissio~i. The Gaming Co~iimission shall receive a colsy of all Gaming-Related Co~itracts for 

an amount in excess of $10,000 for filing and possible review. To the extent possible, tlie Tribe 

will approve the lowest responsive a~id qualified bid. 

7.1 1.3 Reporting Audit Results. The Tribe shall malte available tlie results of each an~iual 

audit to the Tribe's General Council within thirty (30) days of completion of the audit. Tlie 

Gat~iiug Colii~nission shall provide audit results to the NlGC to the extent required and as 

otherwise required under apl~licable law. 

SMTC 7.12 GDIII~II~ Licellses 

7.12.1 Licensing Procedure. Tlie Tribe's Gaming Licensing procedure shall be administered 

tlirougli the Ga~ni~lg Commission. Tlie progrtuil shall be an i~~vestigative lice~lsing process u~ider 

which all applica~its ibr gaming licenses are evaluated against the sta~ldards set forth in, and 

sul?ject to, the following aplllicable laws: 

7.12.1 .I The Gallli~ig Act alld ally ga~iii~ig regulations prom~~lgaiecl thereunder; 

7.12. I .2 lGRA and NlGC regulations; 

7.12.1.3 Compact requireme~its, to the extent alrl~licable; and 

7.12. I .4 Ally other alyrlicable tribal, federal, or state laws. 

7.12.2 Licensing Policy and Requirements. It is the policy of the Tribe that all Gallling 

Activities be licensed and controlled so as to protect the morals, good order and welfare of tribal 

me~nbers and other persons on Tribal Lands, and to l~reserve tlie honesty, fairness atid integrity 

of such Gaming Activities. Accordingly, no person shall engage in ally Class 11 or Class 111 

Gaming Activities on Tribal Lands without a valid license issued by the Gaming Commission. 

7.12.3 Gamirlg Lice~~se is a Privilege. Any gaming lice~lse or fi~lditig of suitability issued by 

tlle Gallling Commission shall be dee~i~ed a privilege, atid is subject to suspension or revocation 

at ally time. No license or license renewal shall be issued that would place tlie Tribe ill violation 
Ga~iii~ig Act 

of Applicable Law. A gamitig license or finding of suitability is subject to renewal at least every 

two (2) years. 

7.1 2.4 Burden on Applicant. The burclen ol'l)roving an applicant's qualilicalio~~s to receive 

a license hereunder is at all titlies on tlie applicant. Applicants ~iiust accept ally risk of adverse 

public notice, embarrassment or otlier action that tnay result fin111 tlie application process and 

expressly waive ally claim for damages as a result tllereof. 

7.12.5 A~>olicant Claim of Privilene. An applicant may claim any privilege zffor'orded by law 

in connection with a gaming license application or investigation, but a claim of privilege with 

respect to any testimony or evidence pertaining thereto liiay co~lstitute sufficient grounds for 

denial, suspension or revocation. 

7.12.6 Release of lnfor~ilation. Persons a1,plying for a lice~ise shall agee to release all 

information necessary in order for the Gaming Commnission and any applicable .federal or state 

entity to complete tlieir suitability detemlinatioo. Applicatlts must update all sucli inkmation 

promptly on an on-going basis, and to f~~niish such information as niay be required by tlie State 

Ga~lli~ig Agency, or such other govern~llental agency as niay be required by law. 

7.1 2.7 'Tyl~es of Licenses. 

7.12.7.1 Class A Lice~ise. Before per~iiitting ally person to becollie associated with any 

Gaming Activity as an investor or other person ow~ii~lg or controlling 10% or more interest ill 

any manageliie~lt entity, or any Primary Managemet~t Official, Key Employee, a ga~i~ing related 

positinti designated by the Gaming Co~llmission as requiring a Class A license, closely 

associated independent contractor, or otlier individual or entity with itlnuence over the 

~liallage~iient or operation of the gatiiing, or a Ga~lii~ig E~nl~loyee, such ]~erson shall obtain a 

Class A license. The Gaming Commission shall conduct or cause to be conductetl a background 

investigation to deter~liine if such person has: 

7.12.7.1. I Any crin~inal record or any rel,utation, j3rior activities, 11a17its or associations 

which miglit pose a threat to the public interest or to the effective regulation of gatning; or 

7.12.7.1.2 Anything else in hislher bacligrou~id that might create or etlhance the dangers 

of u~~suitable, unfair, or illegal practices, metliocls and activities in the co~iduct ofga~iiing. 

7.12.7.1.3 Those who at any time do not meet the above qualifications shall be denied a 

Class A license, or in the case of an existing license, tlie license may be revolted. 

7.12.7.2 Class B License. Persons 1101 ide~itifiecl as rcquiri~ig a Class A License, but wliom 

are to be ni~ployed at a Gaming Facility on Tribal Lands in anotlier capacity, such as in 

non-gaming related activities, sliall be required to obtain no less than a Class B license fio~n the 

Gaming Commission. Such pcrsons ~llust establisll that they have not bee11 convicted of certain 

crimes or engaged in any activity which tlle Ga~liing Commission in its sole discretin11 dee~iis to 

render such person a danger to the safety or integrity of the Galliitig Activities, or to the safety 

and security of the Tribe, prol>nty ol'tlie Tribe, ally Tribal member, any Gaming Employee or 

patron, or the public. 
7.12.73 Gaming Resource Supplier. Ganiing Resource Suppliers niust meet all tribal and 

state licensing and suitability require~lients. Any Ga~ni~ig Resource Supplier who, directly or 

indirectly, provides, lias provided, or is deenied liltely to provide at least twenty-live thousand 

($25,000) in Galiii~ig R~SOII~CCS ill any 12-~iiontli period, or who lias received at least twenty-five 

tliousand dollars ($25,000) in any consecutive 12-month period witliin the 24-~iioiitli period 

initliediately preceding application, shall be licensed by tlie Ganliiig Co~ii~iiissio~i prior to the 

sale, lease, or distribution, or further sale, lease, or distribution, of any such Ganii~ig Resources 

to or in connection with the Tribe's Gaming Operation or Gallling Facility. The Gallling 

Resource Supplier lice~lse rnust be renewed at least every two (2) years. The Tribe sliall not 

enter into any contract or agreement that would require licensing if the Gaming Resource 

Supplier lias been denied a license or is tleemed unsuitable, or tlie license or suitability 

determination lias expired without renewal. 

7.12.7.4 Union License. Any labor union, including its management and rel~resentatives, 

seelting to re1,resent any Gaining Eniployees 11ii1st first a11ply for and be dee~iied suitable to 

obtaiti a license under standards and lice~isi~ig requireme~~ts established by the Gaming 

Commission. 

7.12.7.5 Vendor License. Vendors providing other goods or services, and those providing 

gaming related goods or services valued at less than $25,000 in a 12-~iiontli period, may also be 

required to obtain a license fro111 the Gaiiiilig Comiliission prior to doing business with tlie 

Tribe's Gaming Operation. Ve~idors who are deemed not to be Gaiiiing Resource Suppliers or 

who provide only non-gaming related goods or services to tlie Tribal Ga~iiing Ope~.t~tion shall, at 

minimum, complete a short form application and qualify for a veridor license issued by tlie 

Gaming Commission. Such licelise must be renewed at least every two (2) years and the 

Ga~iiing Co~iilllissioil ]nay require additional infortiiation or lice~lsing at any time. 

7.12.7.6 Teriil~orarv or Provisional Licenses. Pending completioii of an investigation for a 

license, the Ga~ni~ig Co~n~iiission iay issue a tenlporary or provisional liceiise of no 11101.e than 

ninety (90) days duration if, in its sole discretion, it dee~iis sucli issuance appropriate, and may 

grant an extension of sucli a lice~ise if necessary to complete tlie investigation or. to ohtaiti the 

Criminal History Record Infomation results fro111 fingerprint s~~bmissions. Such liceiises sliall 

permit the licensee to engage in sucli activities pursuant to such ternis and conditions as the 

Gallling Co~i~mission may specify. Temporary or provisional licenses shall expire ninety (90) 

days fi.0111 date of issuance, up011 issuance of a regular license, or until a specified expiration 

date. 

7.12.7 State Gallling Agency. Class 111 Gaming Employees, Gaming Resource Su]>pliers, 

gaii~ing management and investors limy further be subject to State Gaming Agency investigation 

and suitability requirements, iiicluding issua~ice of a license or certification of suitability, under 

the Compact. 

7.12.8 Drug andlor Alcohol Testing. The Gaming Co~limission reservcs the right lo require 

drug andlor alcohol tcst~ng for any license applicant or licensees at any time. 

7.12.9 License Investigations. The Gallling Collllllissioli iiiay e~iiploy all reasonable nieans, 

including engaging outside services and ilivestigators and holding hearings, to acquire tlie 

7-16 
Calnil~g Act 

information necessary to determine whether or not a license slioulcl be issued. Apl,licants shall 

agree to release all information necessary in order Tor tlie Gaming Coni~iiissio~i to achieve its 

goals u~ider this Gaming Act and to furnish sucli infomiation to tlie NIGC, tlie State Ga~iiilig 

Agency, or other agencies as may be required by Applicable Law. 

7.12.10 Licelise lie~iewal. All licenses sliall be subject to renewal at least every two (2) years, 

and more frequently if so required by tlie Gaining Commission or other applicable law. Such 

licenses niay be revolted or suspended upon the occurrence of any act \uliicli, if known during the 

application process, would Ilave tended to disqualify such ]>erson or entity for such a license. 

7.12.11 License Fees. U~iless specifically waived by the Gaming Com~iiission, all persons 

applying for a license sliall be required to pay all applicable license fees and costs when due, 

including a reasonable deposit for costs that niay be incurred in connection witli the license 

application. Estiniates of licensing costs will be l~rovided to applicants upon reasonable request. 

All fees and costs I~ILIS~ be received by the Ga~iiing Comlnission prior to issuance of tlie license, 

unless the Tribe or tlie Gaining Operation has agreed to reimburse the Gallling Co~iimission 

directly for all or part of sucli fees and costs. 

7.12.12 Standards. All persons engaged by or associated with any Gaming Activity on Tribal 

Lands sliall co~icluctliemselves \vit11 honesty, integrity, and wit11 SUCII decor~~ni and manners as 

necessary to reflect positively on tlie Tribe, its nietnbers and the Ga~iiing Activities. Any failure 

to abide by sucli standards, or any violatioli of a rule, regulation, law, custo~n or tradition of the 

Tribe, tlie Gaming Co~iiniission, or tlie Gaming Operation, or witli the terms or conditio~is of the 

licnise, may be grounds for immediate suspension or revocation of any license issued hereunder. 

7.12.13.1 Tlie Gaming Coniniission shall request fiom eacli Primary Manageme~it Official, 

Key Employee, and ally other applicant for a Class A license, unless provided otherwise by tlie 

Gallling Coliiniissio~i co~isiste~lt wit11 Applicable Law, all of the information specified in 

subsections 7.12.13.1.1 tlirougli 7.12.13.1 .I4 below, as well as any otlier information required on 

tlie gallling license application. Tlie Gaming Con~mission reserves the ligllt, at ally tiliie, to 

request additional information during or subsequent to any background investigation. 

7.1 2.1 3.1.1 Full name, other nalnes used (oral or written), social security number(s), date 

of birth, place of birth, citizenship, gender, all languages (spolten or written): 

7.12.1 3.1.2 Currently and for at least the previous ten (10) years: business and 

employment l~ositions held, ownership interests in those businesses, business and residence 

addresses and drivers license number(s); 

7.12.13.1.3 Names ancl current addresses of at least three (3) personal references (who are 

not related to or living in the same household with applicant), including one personal reference 

who was acquainted witli the applicant during eacli period of residence as listed under subsection 

7.12.1 3. I .2 above; 

7.12.1 3.1.4 Current business and residcncc tclc11lione numbers: 
Gaming Act 

7.12.13.1.5 A description of ally existing atid previous busi~iess relatiotisliips with tlie 

ganii~ig industry generally, including ownership interests in those businesses; 

7.12.1 3.1.6 A description of ally existing ancl previous busi~iess relationships with I~iclia~i 

tribes, i~icluding ownershil~ interests in those businesses; 

7.12.13.1.7 Na~iie and address ol' any licensing or regulatory agency witli which the 

person lias ever filed an application for a lice~ise or permit related to gaming, whether or not such 

license or permit was granted; 

7.12.13.1.8 For each felony for which there is an on-going prosecution or a conviction: 

tlie charge, tlie name a~id address of tlie court involved, and the date and disposition, if any, of 

the case; 

7.12.13.1.9 For each ~iiisdetiiea~ior convictio~i or owgoing ~iiisdemeanor prosecutioli 

(excludi~ig ininor traffic violations) within tell (10) years of tlie date of tlie application: tlie llanie 

and address of tlie court in~lolved, and tlie date and disposition, if any, of tlie case; 

7.12.1 3.1.1 0 For each cri~lii~lal charge (excluding mitior traffic charges) that you liave 

ever received, whether or not there is or was a conviction, if such cri~~ii~ial charge is within ten 

(10) years of the date of tlie application and is not otherwise listed above pursuant to subsectio~is 

7.12.1 3.1.8 or 7.12.1 3.1.9 above: the cri~liinal charge, the name and address of tlie court involved 

atid tlie date and disposition, if any, of tlie case; 

7.12.13.1.1 1 Name and address of any licensing or regulatory agency (federal, tribal, 

state, local or foreign) with which tlie person lias filed an application for an occupational lice~ise 

or permit, whether or not such lice~ise or pennit was granted; 

7.12.13.1 .I2 Current photograpli; 

7.12.13.1.13 Any other infor~nation the Tribe or Gallling Commission dec~us relevant; 

and 

7.12.13.1. I4 Fingerprints co~isiste~it with procedures adopted by the Gaming Co~ii~nissio~i 

according to 25 C.F.R. $ 522.2(11) and, as applicable, fingerpriats to be processed throogll tlie 

State Gaming Agency. For the limited purpose of obtaitii~ig firigerprints in com]>liance witli 25 

CFR 5 522.2 (11) the Tribal Gami~ig Co~ii~i~issio~i sliall be the designated law enforcemetit 

agency. 

7.12.14 lnvesti~ation Process. The Gaming Com~iiission shall co~lduct or cause to be 

conducted, an in\iestigation sufficient to tiialte a determination of eligibility as required under 

this Ga~lii~ig Act and other Applicable Law. This shall i~iclude verificatio~i of infor~iiation 

sub~iiitted by the applica~it. The Ga~iiing Commissioll sliall document all pote~itial problem areas 

noted and any disqualifying information. In co~iducting tlie background investigation, tlie 

Gatiii~ig Coliiliiission and its agents shall proriiise to ltee]~ confideatial the identity ol'each person - 

interviewed in the coursc of tlie investigation. 
Grmi~~g Art 

7.1 2.15 Fingerl)rints. The Gallling Co~ii~iiissio~i sliall cause fingerprints to be talte~i and 

forwarded to tlie NIGC and to tlie State Gaming Agency, as applicable, consistent with all 

applicable laws and the Compact. Fingerl~rints shall be processed through tlie FBI andlor other 

available state sources as applicable to deterliiine tlie applicant's criminal history, irany. 

7.12.16 Eligibility Determination. Tlie Gaming Com~iiissio~i shall review a person's prior 

activities, crimitial record, if any, a~id rel)t~tatio~i, habits and associations to liialte a finding 

concerning the eligibility ol'a Key E~iiployee or Primary Management Ol'licial for employment 

in the Gaming Operation. Il'tlie Ga~iiilig Co~nmission, in applying the standards adopted herein, 

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

regulation of gaming, or creates or enhances dangers of unsuitable, ~lnfair, or illegal practices 

and lilethods and activities in the conduct of gallling, tlie Gariii~ig Operation shall not eliiploy that 

person in a Key E~iil~loyee or Primary Manage~nent Official positioli or in ally other positioil for 

which a Class A license is required. 

7.12.1 7 For\varding Licensincr Applications and Reporls to NIGC. 

7.12.1 7.1 Unless otherwise providecl by tlie NIGC, on or before tlie date ally Key Employee 

or Primary Management Official is eliiployed by a Ga~iii~ig Ol~eration authorized under this, tlie 

Gaming Co~iiriiissioli shall forward to the NIGC the person's co~iipleted application for 

em~~loynient containing the infomiation required uncler Section 7.12.13 of this G~lllillg Act. 

7.12.17.2 Prior to issuing a license to a Primary Matiageme~it Official or Key Employee, tlie 

Gaming Co~ii~iiission shall forward to the NIGC, together with a copy of tlie eligibility 

deteniiination ~ilade under Section 7.12.16 above, an iiivestigative report on each background 

investigation. The investigative report on each background i~ivestigatio~i shall be forwarded to 

tlie NIGC within sixty (60) days atter the ernployee begins work. Tlie Gallling Operation shall 

not employ or continue to e~nploy any person as a Key Employee or Primary Management 

Official who does not have a license within ninety (90) days of beginning work. Tlie 

investigative report shall include the following information: 

7.12.1 7.2.1 Steps talten in co~iductilig a background investigation; 

7.12.1 7.2.2 Results obtained; 

7.12.17.2.3 Concl~~sions reached; and 

7.12.17.2.4 The basis for those conclusions. 

7.12.17.3 The Ga~iiing Commission shall provide 'o the NIGC or other applicable agency, 

any other reports ant1 information required by IGRA and regtilations promulgated thereunder. 

Further, wit11 respect to Key E~nployees and Pritiiary Manage~nent Officials, the Gaming 

Co~ii~iiissio~i sliall retain apl~lications for nnploy~nent and reports (if any) of background 

investigations for i~isl)ectio~i by the NIGC for no less than three (3) years from the date of 

termination of employment. 

7.12.17.4 1' a license is not issued to an applicant, or the license is gfiinted and later 

revolted, the Gaming Co~nmission shall notify the NIGC and may forward copies of its eligibility 

7- 19 
deterniination and investigative report (if any) to tlie NlGC for inclusio~i in the Indian Gallling 

Inclivid~~als Records System. 

7.12.18 Granting a Gaming License. 

7.12.1 8.1 If, within a thirty (30) day period af(er tlie NIGC receives a report as required 

above, the NlGC notifies the Gaming Commission that it lias 110 oljection to the issuance of a 

lice~ise pursuant to the license application filed for a I<ey Employee or Pri~iiary Managelllent 

Official for whom the Gaming Co~ii~nissio~i lias provided an application and investigative report, 

the Ga~iii~ig Co~ii~iiissio~i niay issue the license. 

7.12.18.2 The Gaming Co~ii~iiissio~i sliall provide ally additional information requested by 

the NlGC concerning a Key Employee or Primary Matiagniient Oficial who is the sul?ject of a 

report as required under tliis subsection. An NIGC request for additional infor~iiatio~i sliall 

suspend the thirty (30) day period established above ~intil tlie NIGC receives the additional 

information. 

7.12.18.3 If, within the thirty (30) day period established above, tlie NIGC l~rovides a 

statement itemizing ol?.iections to issuance of a license to a Key E~nployee or Primary 

Ma~iage~nent Oficial, the Ga~iii~ig Commission sliall reconsider tlie al~plicatioa, taking into 

account such ob,jections. Tile Gaming Co~ii~nissio~l retains the riglit to malte tlie final 

determination whether to issue the license to such applicant. 

7.12.19 Denial of Gaming License. Al~plica~its who are denied a license nus st wait for at least 

two (2) years before they niay reapply for a gaming license. The applicant sliall be entitled to 

appeal a license denial as set forth in tliis Ga~iiil~g Act. 

7.12.20 License S~iseensioo. If, after issuing a gaming license, tlie Gaming Commission 

receives reliable inlbrmation fro111 tlie NlGC or other reliable source indicating that a 1Cey 

Employee, Priiiiary Matiagement Official, or any other holder of a gaming license is not eligible 

for employmetit or to continue to hold the license under the eligibility criteria established above, 

the Ga~iii~ig Co~n~iiission shall suspencl tlie lice~ise and notify the licensee in writing of tlie 

licetise suspension and proposed revocation. The Gaming Co~iimissioti sliall conduct a hearing 

on the proposed revocation of a license in accordance with the procedmes set forth in this 

Gatiiii~g Act. 

For actions talten in response to information provided by tlie NIGC, the Gaming Coln~iiissio~i 

sliall notify tlie NIGC of the fi11a1 dccision.7.12.21 1-learings. The Gallling Co~ii~iiission may 

co~iduct Ilearings as needed to ~nalte regulatory coml~liance determinations witliin the scol~e of 

this Ga~iii~ig Act, atid sliall conduct hearings for licensing deter~ilinations, tlie imposition of fines 

and applicable Patron Gallling Claims; provided, however, hearings on Patron Tort Claims 

against tlie Gaming Facility shall be conducted in accordance with the Gaming Facility Tort 

Liability Ordinance. 

7.12.21.1 All Gaming Com~iiission hearings sliall: 
Gn~ili~ig Act 

7.12.2 1.1.1 Be properly noticed in writing to tlie party that is the sub.iect of tlie Gaming 

Co~iimission's decision or order. Such notice sliall be delivered at least ten (10) busi~iess days 

prior to tlie liearing; 

7.12.2 1.1.2 Allow tlie party that is the subject of the Gaming Corn~~iission's decisio~i or 

order to present written or oral statements or other evidence to support his or her position; 

7.12.21.1.3 Be documented or recorded and ~iiaintained on file in accorda~ice with the 

gover~iing records retention policy; 

7.12.2 1.2 Advocates may participate in the liearing on behalf of either party at the party's 

o\vn expense, and tlie Gallling Commission may seek tlie advice of tlie Tribe's legal counsel as 

needed. 

7.12.21.3 The Gaming Co~ii~ilissio~i shall weigh the evidence, testimony, and exhibits and 

male its decisio~i on the basis of the preponcleratice of tlie evidence and credibility ol' tlie 

evidence and witnesses. Gaming Commission decisions sliall be issued in writing \vithin 30 days 

of tlie liearing. All decisions sliall include a state~iie~it of facts and a state~ne~~t of legal authority 

on wliicli the decision is based. Decisions shall be delivered to the party and i~iclude information 

and instructions for appealing the decision. 

7.12.2 1 .4 Nothing lierein sliall prohibit the Gaiiii~ig Co~iliiiission fso~ii taki~ig iiii~iiediate action 

in emergency situatio~is to protect tlie health and safety of patro~is and employees 01. assets of the 

Tribe. Such actions sliall i~iiliiediately be followed by tlie liearing process. 

7.12.22.1 Gaming Co~ii~iiissioli decisio~ls lilay be appealed to tlie Appellate divisio~i ol'tlie 

Sali Manuel Tribal Court by filing a Notice cfApl)eal within twenty (20) days of tlie issua~ice 

date of the Ganii~ig Co~ii~iiissio~i decision. The Notice shall be filed in accorda~ice with tlie San 

Manuel Rules of Appellate Procedure. Failure to file a Notice of Appeal within the tiiiie 

specified herein renders tlie Gaming Coln~iiission decisioli unappealable. For purposes of 

appeal, the Gaming Commission sliall be tlie equivalent of the "Trial Court" as the tern? is used 

in the Rules of Appellate Procedure until sucli time as court 1.u1es are adopted that govern 

ad~ninistrative appeals. Appeals sliall be co~lductecl in accordance tribal law and court rules 

governing appellate l~roceedings. 

7.12.22.2 Gaming Commission decisio~is sliall be reviewed as follows: 

7.12.22.2.1 Whether tlie decision is supported by tlie record when taken as a whole 

\with a p~.epo~iderance of evidence; or 

7.12.22.2.2 Whetlicr the decision is arbitrary, capricious or not in accordance with 

this Ga~iii~ig Act or otlicr Applicable Law. 

7.12.22.3 ,lie Appellate Court ~iiily al'linn the Ga~ili~ig Co~il~iiission's decision, reverse the 

decision, or remand the matter to the Gallling Commission for further proceedings. 
Gallli~lg Act 

7.12.22.4 All decisions of the Al~pellate Court shall be filial. 

7.12.22.5 In the event tlie Tribal Court is not in operation or no longer in existence, parties 

may appeal ilie Gaming Commission's decision by fililig a Notice of Appecil with the Gaming 

Co~li~iiission within twenty (20) days of the issua~ice date of tlie Ga~lii~ig Co~ii~iiissio~i decisio~i. 

Failure to request a lieari~ig williin Lhe ti~ne specified lierein renders the Gali~irig Commission's 

decision unappealable. Tlie Gaming Co~ii~ilissio~i sliall transmit the Nolice of Al,l,enl to an 

independen1 tribunal within seven (7) days of receipt along witli the record created in the 

Gaming Commission hearing. 

Appeals sliall be coliducted before all independent tribunal, which sliall schedule a 

liearing within ninety (90) days of receipt of tlie Notice ofAp]?eal fi.011~ the Gaming Colilmission. 

The independent tribunal sliall send written notice to each party informing the111 of the liearing 

date, time and location at least thirty (30) days prior to the hearing. All Ilearings sliall be 

conducted in accordance witli the rules established by the independent tribunal. Tlie decision of 

the independent tribunal shall be final. 

7.12.23 Effect of Coml~act. Notwithstanding anything in this Gaming Act to the contrary, ally 

licellsing procedures required ~11ider the Compact sliall be implniie~ited as provided therein, a~id 

tlie Gaming Co~~iliiission may adopt regulations integrating such procedures with tlie .foregoing. 

SMTC 7.13 Application Forms 

7.13.1 Notices. Each application for111 for a Key Eml~loyee or a Primary Managemelit 

Official, as well as for all other Class A license apl)licants, u~lless otherwise specifically 

exempted by the Gaming Coliimission consistent witli al~plicable law, shall contain the notices 

set forth in subsectio~is 7.13.1. I atid 7.1 3.1.2 below: 

7.13.1.1 Plivacv Act Notice. 

In coi7ipliance i~ji/h /he 1'rii)nqj Act of 1974, /he ,fi,lloi~~ing ir?/br117ation is pro~lidecl: 

Solici/n/ion of the ii?fi)ri~icitio~i 011 thi.s ,/i)rin /;j~our crl~/?lication ,for o gclrnirig 1iceri.se arltl nqi 

renel.vnl /herec?f;l is ciuthorized l?y 25 U.S.C. 2701 et. seq. The puipse of' /he requested 

i~lfi,rmcition is to delern7ine the eligihili!y (?f'indii~idu~i.l.s to be grc~ntecl a gt~iiiing licerzse. 7%e 

iqfornitr/io~i i~~ill he used /?JI /he Trihcll G'n~ning Agencj) urid lrv the Ncitional Iii.dian G~rniing 

Conin~i.s,sion memher:s orid S/L![~~I~/IO hul~e ~ieed,ji)l. /he i~?firniation in the perfirnzr~nce of /heir 

cicl /i/ies, Tlie ir?/i,rmrr/ion niql he di.scloscd lo t11,e ~~?~~ro~~i~ia/e,fidertrl, tribal, stale, locril, 

or ,fi,reigii Itric et~/~,z'ement niid reg~i1ntor:lj agencies 14ihe11 relei~aii/ to cii~il, critizinal, 01. 

reguln~orlj irn~e,s/igc~/iori..s or j,ro.secutions, or idjhen pur:~~ian/ tou r~quirenrent 17~) u tribe or. the 

N~irional Iii~/ilirin G~niilig Commi.s.sion iii co~ineclio~i wfilli. the isszinnce, c/eliia/, or rei~oculion of o 

gci17iing licen.sc, or irn~cs/igti/i~ns of nctivities id~hile n,s,socin/ed iid/h ci trihe or ri gcin7.ing 

ol,ern/ion. I'tril7,ire to con.seri/ /o /he disclo,cure,r indicafed in /hi.s rlolice ~i~ill re.sz11l in /he Tribe ',I. 

being urinhle to lice7isc ?joi.i,/i,i. ci primni:,~ ~~in~icigement qfliciczl or K~JI een~plo~~ee position, or ()/her 

posi/io17 ns ele1eri71inecly~ the Tribe. 

Tlie di.scloswre r?f~~o~ir Socitrl Secw~.it,l) N~iiiiher (SSN) i,r i~ol~in/ni:ii. I-loivcii~er, ,firilure lo 

SLI~I)!IJ ti SSN IIIL~ re.~111/ ill errol:s ill P~OC~SS~II~ yotr~' c/p/?licatio~i. 
Gan~il~g Act 

7.13.1.2 Notice Regardin~ False Statements. 

A ,/irl,c.e stntement or nri~ j~lcrt cj/'j)or,ir licerimre (112pLilllicatio1111(y he groundr ,fix. clei~j)blg n 

1icen.c.e 01. lhc ,suspe~i,sio~i or rel~occ~lion qfci license. Also, jjou muj) he pz/nished 17~1 ,fine or 

imprison~~ien, (U.S. Code, rille 18 Section 100/). 

7.13.2 Existing Licensees. Ally existing Key Eiiiployee or Primary Management Official, or 

other Class A licensee, uliless otherwise specifically exenipted by tlie Gaming Com~~iission, shall 

be notified tliat they sliall either: 

7.13.2.1 Colnpletc a new application for111 tliat contains thc Privacy Act Notice and the 

Noticc Regarding False Slatc~iients; or 

7.13.2.2 Sign a statelnent tliat contains tlie Privacy Act Notice and consent to tlie routine 

uses described in tliat Notice and sign a statelnelit tliat coiltailis the Notice Regarding False 

Statements. 

SMTC 7.14 Class Ill Gaming; Com~rct 

111 addition to the provisions set forth above, Class 111 gaming sliall be engaged in on the 

reservation pursuant to a Co~iipact or by an alternative as provided by IGRA. All negotiatio~is 

for such Co~iipacts and anie~ldlilents tliereto sliall be cotiducted ilirougli the Tribal Chairman, 

with the advice and suggestioll of the Gaming Commission, and sliall be finalized o~ily u])on 

majority vote of the General Council after colisideratio~l of tlie terms. In tlie event tlie provisions 

of a Compact, as approved ~ulder IGRA, lilay be inconsistent with provisions lierein, the 

apl~roved Compact provisions shall govern, but o~ily to he extent inco~isistent with this Gaming 

Act. 

SMTC 7.15 Interest in Ma~~sge~~le~~t Contracts by Tribal Officials 

No elected official of tlie Tribe, any Commissioner, or any 111c1nber of any other colilmittee or 

agellcy of the Tribe, sliall have a financial interest in or managniient res~onsibility for ally 

liia~iageliielit agree~nent etltered into pursuant to IGRA, nor shall such elected &cia1 serve on 

the board of directors or hold (directly or indirectly) ten percent (10%) or inore of the issued and 

outstanding stock of any corporation, or 10% or liiore of the belieficial interest in ally 

l,artnersliip, trust, or other eritity, in any sucll corl)oration, partnership, tmst or other entity 

liaving a financial interest in, or management responsibility for, such contract. 

SMTC 7.16 Li~l~itatio~~sn Gaming 

No elected or appointed official of the Tribe.'s Cia~~iinc C'o~n~nission. Iiritertai~imenl Aullioril\i. 

or Busi~lcss C'ommillec, or lice~ised employee shall ellgage in or be permitted to engage in either 

directly or indirectly tl~rougli another person, any Class I1 or Class 111 Gaming Activities 

authorized hereunder. Such lilllitation shall not apply in instances where, as pre-al~proved by the 

Ganiilig Co~i~~iiissioll, tlie individual engages in such activities as a part of an event designed 

specifically for such i~idividuals or for traitiilig purposes. 
Gall~iilg Act 

SMTC 7.1 7 Sel-vicc of Process 

The Tribe designates the Chairperson of the Tribe as its agent for the service of official 

determinations, orders, or notices of violation from any federal or state agency. The Gaming 

Com~nissiotler shall also receive any notice related to gaming from any state, local 01. fedelal 

agency, iticluding the NIGC and tlie State Gaming Agency. 

SMTC 7.18 Tribal Ga~~li~lg Corl)oration. 

Nothing in this Gaming Act shall prevent the Tribe, tlirougll its General Council, fro111 

delegating tlie authority to conduct gaming to one or Inore Tribal corporations, so long as tlle 

tribal gaming enterprises to which such authority is delegated agree to meet all criteria and 

requirements established under this Gaming Act. 

SMTC 7.19 Prior Gamine Ordinances; Effective Date 

To tlie extent inconsistent with this Ordinance all prior gainitlg ordinances are hereby rel~ealed 

on the effective date of this Ordinance. After adoption by the General Council, this Ordinance 

and any subsequent a~nend~nents thereto become effective on tlie date ol' final approval by the 

NIGC, as applicable. 

SMTC 7.20 Severability 

If any ~~rovisio~ir application of this Ganling Act is determined by review to be invalid, such 

deterniination shall not be held to render such provision inapplicable to other persons or 

circumstances, nor shall sucli determination re~~der invalid any otl~e~ provision of this Gaming 

Act. 

SMTC 7.21 A~~~e~~d~neiits 

All provisions of this Gaming Act are subject to amendment by the General Couacil. 

Regulations promulgated by the Ga~liiilg Co~liniission under this Gaming Act are subject to 

aniendment by the Gaming Commission. 

SMTC 7.22 Sovcreig~~ IIIIIIIUII~~Y Preserved 

Nothing in this Gallling Act is intended or shall be construed as a waiver of the sovereign 

i~iiniunity of the Tribe, and no inanager, officer, or etllployee of tlie Ganiilig Coninlission or the 

Tribe or the Gaming Facility shall be authorized, nor shall they attempt, to waive tlie immunity 

of the Tribe. 
CERTIFICATE OF RESOLUTION 

Resolution No.: 20 11-005 

. . 

GENERAL .:.... .. : .. COPNCXL . . . . 

. . .:: ;...OF THE .::..:-':; ....... ..... . , 

SAN MA.NUEL ... B ,. . . . .... . . . . 

Approval of Proposed7~mendme ng Act of 1989. 

.... 

WHEREAS, tile San Manue1:Band : of Mission ' Iildians ("Tribe") is a. .... ..~ .> . . ,. 

federally recognized Indian tribe;. ...:: i.1: ... ..... ... . . 

. . . ,. . , .., 

WHEREAS,': the San ' Manuel General~6uncil is the Tribe's dulyauthorized governing body, with the. authol.ity and responsil~iliiy to exercise the 

powers and privileges . of.self-governm'ent :pursuant. to the Tribe's ~rticles of . . . 

Association, Article 111 and other tribal ... ... lahr; . . . :.. .. , 

. . 

WHEREAS,' the General ~puncil adopted, the San Manuel Gaming Act of . . 1989 ("Act") on August 31, 1?89; . ,: : ..... .. ; ... . . . . .,. . . . . 

WHEREAS, tlie ~ct was subs&q~en.lly subn~itted:to. the National Indian 

Gaming Commissio~~ , Dep.ar he lnterior:forl.fevi . . .... 

was deemed approved; . . . ; . .... . . . , . ........ ......... 

WHEREAS,. the A& ptly amended ; 

...... Department. oj'.ihd , . Interior in 2008 and 2010; and\ ... ; ..,. , . ., . . . . . . . : , ". . . , . ... . . . . .,: ., : , , . 

WHERE AS.,^^^ General Council ha it is il?':the best interest: 

of the Tribe lo hither ainendthe .... Act. : ., . .. . . . . . ... . . 

" NOW, THEREFORE-'BE !IT RESO he San Manuel Band of 

Mission Indians;: by a13d:through :its Ge il, l1ereby approves the 

proposed amendments to Che San Mallue of 1989; as reflected in 

the proposed version attached heretoind incorpoiated herein by reference. . , . . : .,. ...... . . ...... .: 

. By a vote of the General council of the an Manuel Band of Mission 

Indians, at a duly held meeting thereof held at the Community Center at 12:00 . p.m., on April 12, 2011, t.he above-recited resolution was passed by the 

General Council following a vote: of - 20 "for", Q "opposed," and Q 

uabstentions".. , , ' .?"--I . '