Office of the: Phone: (~o~) 867-3301

Governor Csos) 867.3302

Lt. Governor FAX8 (çoç) 867-3395

Secretary

ORDINANCE OF THE PUEBLO COUNCIL

PUEBLO OF SANTA ANA

Puebio of Santa Ana Gaming Ordinance

Ordinance No. 92004

WHEREAS, the Pueblo of Santa Ana is a federally recognized Indian tribe with a

traditional form of government that exercises all inherent sovereign governmental powers; and

WhEREAS, Congress has enacted the Indian Gaming Regulatory Act of 1988, 25

U.S.C. § 2701-2721 (Act), to regulate certain types of gaming on Indian lands; and

WHEREAS, the Pueblo Council desires to regulate all gaming within its reservation and

on all lands subject to the jurisdiction of the Pueblo (Pueblo lands) for the purpose of generating

governmental revenue, promoting tribal economic development, tribal sufficiency, and a strong

tribal government; and

WHEREAS, the Pueblo Council has the right to regulate class I and H gaming, as those

terms are defined under the Act, on Pueblo lands and may jointly regulate all class III gaming, as that term is defined in the Act, pursuant to a gaming compact with the state; and

WHEREAS, the Pueblo Council finds that it is in the best interest of the Pueblo to enact

a gaming ordinance that authorizes and regulates all gaming on Pueblo lands consistent with the

Act and to authorize the Governor to negotiate and enter into gaming compacts with the State

of New Mexico for the purpose of conducting class Ill gaming on Pueblo Lands.

NOW, THEREFORE, BE IT ORDAINED by the Pueblo Council that effective on the

date approved by the Secretary of the Interior or the Chairman of the National Indian Gaming

Commission, the Pueblo of Santa Ana hereby enacts the Pueblo of Santa Ana Gaming

Ordinance, attached hereto as Exhibit A.

BE IT FURTHER ORDAINED that the Pueblo Governor with the assistance of the

Tribal Administrator and staff are hereby authorized to negotiate and the Governor is authorized

2 Dove Rd.

BERNALILLO, NEW MEXICO 87004
to enter into gaming compacts on behalf of the Pueblo with the State of New Mexico for the

purpose of conducting class ifi gaming on Pueblo Lands.

CERTIFICATION

The foregoing Ordinance was enacted by the Pueblo Council of the Pueblo of Santa Ana

on this~day of4 ~1992, by a vote of~Z~ for, j_ against and ~ abstaining, ata

duly called meeting at which a quorum of the Pueblo Co~ncil members was present.

ATr~ST:

Secretary

1/ /1

A-kkb\sap\gamc.ord

I 0-27 2 300-01
00k. of th.s

Gov.rnoz Phon.s Csos) 867.3301

Lt. Goy.rnor (o;) 867.3302

S.cr.tary VAX: (çoç) 867-3395

PUEBLO OF SANTA ANA GAMING ORDINANCE

Preamble

The Pueblo has the right to regulate Class 1 and Class 11 gaming, as those terms are

defined in the Act, on Pueblo Lands and may jointly regulate Class 111 gaming, as that term

is defined in the Act, pu,~uant to a Compact with the state and the Council finds that it is

in the best interest of the Pueblo to enact an ordinance that authorizes and regulates all

gaming on Pueblo Lands consistent with the Act.

SECTION 1. DEFINITIONS For purposes of this ordinance:

(a) Act means the Indian Gaming Regulatory Act, Pub.L. No. 100-497, 25 U.s.c.

~ 2701-2721, and applicable regulations promulgated under the Act.

(b) Board means the Pueblo of Santa Ana Gaming Board established by this

ordinance.

(c) Class I gaming means Class I gaming as defined in the Act.

(d) Class 11 gaming means Class II gaming as defined in the Act.

(e) Class ifi gaming means Class ifi gaming as defmed in the Act.

(f) Commission means the National Indian Gaming Commission established under

the Act.

(g) Compact means any Tribal-State Gaming Compact between the Pueblo and the

State governing Class ifi gaming.

(h) Council means the Pueblo Council, the governing body of.the Pueblo of Santa

Ana.

(i) Electronic Game of Chance means a microprocessor-controlled electronic device

that allows a player to play games of chance, some of which are affected by skill, which device

is activated by the insertion of a token, coin or currency, or by the use of a credit, and which

awards game credits, cash, tokens, or replays, or a written statement of the players

accumulated credits, which written statements are redeemable for cash. Game play may be

displayed by video facsimile or mechanical rotating reels whereby the software of the device

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

andy pay-out, if any.

LANA

2 Dove Rd.

BERNALILLO, NEW MEXICO 87004

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(j) Gaming Employee means any natural person employed by a Gaming Enterprise

or Management Contractor.

(k) Gaming Device or Gaming Equipment means any equipment or mechanical,

electromechanical, or electronic contrivance, component, or machine used remotely or directly

in connection with gaming.

(1) Gaming Enterprise means an enterprise owned by the Pueblo for the conduct

of the gaming in any gaming facility on Pueblo Lands. The enterprise can be organized as a

tribal department, corporation, partnership or joint venture.

(m) Gaming Facility means the building, location or room in which Class I, Class

II, or Class HI gaming is conducted on Pueblo Lands.

(n) Gaming Services means the provision or sale of any goods, services or

concessions by contract to the Pueblo, Gaming Enterprise, or Management Contractor in

connection with the operation of gaming in a Gaming Facility in an amount in excess of

$10,000 in any one month, except for professional, legal or accounting services. No contract

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

licensing or certification.

(o) Governor means the Governor of the Pueblo of Santa Ana.

(p) Management Contractor means any management company engaged by the

Pueblo to assist in the management or operation of any Gaming Enterprise.

(q) Net Revenues means gross revenues of any Gaming Enterprise in all Gaming

Facilities less amounts paid out as, or paid for, prizes and operating expenses, but excluding

management fees paid to a Management Contractor.

(r) Ordinance means this Pueblo of Santa Ana Gaming Ordinance.

(s) Person means any individual, partnership, corporation, company or other legal

entity.

(t) State means the State of New Mexico, its authorized officials, agents, and

representatives.

(u) Pueblo means the Pueblo of Santa Ana, a federally recognized Indian tribe, its

authorized officials, agents, and representatives.

(v) Pueblo Lands means all lands within the exterior boundaries of the Pueblo of

Santa Ana Reservation and any lands title to which is either held in trust by the United States

for the benefit of the Pueblo or Pueblo member or held by the Pueblo or Pueblo member in fee,

subject to restriction by the United States against alienation, or which is in Indian country and

over which the Pueblo exercises governmental power.

SECTION 2. PURPOSE The purpose of this ordinance is to provide for the regulation

of all gaming on Pueblo Lands, to protect the public interest in the integrity of all gaming, to

prevent improper or unlawful conduct in gaming, to strengthen tribal self-government, and to

promote tribal economic self-sufficiency.

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SECTION 3. NATURE AND SCOPE OF GAMTNG ACTIVITiES

(a) Authorized gaming activities A Gaming Enterprise may operate in its Gaming

Facilities any and all forms of Class I and Class U gaming and, subject to the provisions of a

Compact, any and all forms of Class ifi gaming on Pueblo Lands.

(b) Forms of payment All payment for wagers made in gaming conducted by the

Gaming Enterprise shall be made by cash, chips, or tokens. The Gaming Enterprise shall not

extend credit. Chips or tokens may be purchased using cash or checks.

(c) Wagering limitations Unless set by a Compact, the Board may set by regulation

the maximum wager for Class III gaming.

(d) Hours of operation A Gaming Enterprise may operate its gaming activities on

the hours and days approved by the Board.

(e) Prohibition on minors No person under the age of 18 shall participate in any

gaming; however, minors may be employed in the food, beverage (non-alcoholic), or

maintenance service of a Gaming Enterprise.

SECTION 4. COMPLIANCE WITH THE ACT This ordinance shall be construed in

a manner that conforms to the Act in all respects, and, if inconsistent with the Act in any

manner, the provisions of the Act shall govern.

(a) Proprietary interest The Pueblo shall have the sole proprietary interest in and

responsibility for the conduct of any gaming on Pueblo Lands; however, nothing in this

ordinance shall prevent the Pueblo from entering into a Management Contract for the operation

and management of any Gaming Enterprise or Gaming Facility operated by a Gaming

Enterprise.

(b) Use of Net Revenues Net Revenues from any Gaming Enterprise shall be used

for the following purposes:

(1) to fund tribal government operations or programs;

(2) to provide for the general welfare of the Pueblo and its members;

(3) to promote tribal economic development;

(4) to donate to charitable organizations;

(5) to help fund operations of local government agencies; or,

(6) any other purposes permitted under the Act.

(c) Annual audit The Board shall require all Gaming Enterprises and Management

Contractors to be subject to an annual audit by an independent certified public accountant and

to submit copies of the annual audit to the Commission. All purchasers for supplies, services,

or concessions or contracts in excess of $25 ,000 annually (except contracts for professional legal or accounting services) of any Gaming Enterprise or Management Contractor shall be included

in the annual audit.

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(d) Public safety~ standards All Gaming Facilities shall be constructed, maintained,

and operated in a manner that adequately protects the environment and the public health and

safety and complies with all applicable health, safety, and environmental standards applicable to or enacted by the Pueblo.

(e) Licensing and background investigations

(1) Licensing Requirements

(A) Gaming Enterprise Each Gaming Enterprise shall be licensed by

the Board.

(B) Gaming Facility Each Gaming Facility shall be licensed by the

Board.

(C) Gaming Employees All Gaming Employees shall be licensed by

the Board and subject to background investigations.

(D) Management Contractors All Management Contractors, including

their principals, or having shareholders in excess of 5 % ownership, officers, directors and

employees, shall be licensed by the Board and subject to background investigations.

(E) Gaming Devices and equipment Each Gaming Device and price

of Gaming Equipment shall be licensed by the Board and shall be inspected and certified for

proper operation at least annually by the Board.

(F) Sales of Gaming Devices, equipment or services Any person

proposing to sell or lease any Gaming Device, Gaming Equipment, or provide Gaming Services

to a Gaming Enterprise shall be licensed by the Board and subject to a background investigation

before being permitted to sell or lease any Gaming Device or Gaming Equipment or provide

any Gaming Services to any Gaming Enterprise, Gaming Facility, or Management Contractor.

(2) Licensing procedures

(A) Applications for licenses Each applicant for a license shall submit

a completed application and any other information required by the Board. Each application

shall be accompanied by the applicants fingerprint card, two current photographs, and any

fees required by the Board. In the event of a corporate applicant, the shareholders having in

excess of 5 % ownership, officers and directors shall provide the information for applicantln the

court of a Pueblo enterprise, the person in charge of the enterprise shall submit the information

required. Each applicant shall be required to sign and submit a statement in compliance with

the Federal Privacy Act of 1974 and to submit a statement or notice regarding false statements

as required by the Act.

(B) Background investigations of applicants Upon receipt of a

completed application and the fees required for the license, the Board shall conduct the

necessary background investigation, unless otherwise required by the Act, to ensure the

applicant is qualified for a license. Upon completion of the necessary background investigation,

the Board shall either issue a license to the applicant and send a copy to the Commission, or

deny the application. If the application is denied, a statement setting forth the grounds for

denial shall be sent to the applicant and the Commission.

(C) Duration and renewal of tribal licenses Any license issued to a

Gaming Enterprise, Management Contractor, or Gaming Employee shall be effective for one

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year from the date of issuance. Any license for a management contractor shall be renewed

automatically each year during the term of the management agreement unless the Board

determines that the management contractor is in violation of this Ordinance or applicable federal

law. Any person applying for renewal of a license that has submitted the required application

and any other information required by the Board at least 60 days before the expiration of the

license may continue to be employed under the expired license until the Board, or Commission

if required by the Act, takes final action on the renewal application. Any person renewing a

gaming license shall provide updated material and information as requested on the renewal

application form, but shall not be required to resubmit historical data already provided to the

Board.

(D) Identification cards The Board shall require all Gaming

Employees to wear identification cards issued by the Board bearing the employees photograph,

first and last name, employee number, signature, and date of expiration.

(E) Fees for licensing The fees for gaming licenses and background

investigations shall be set by the Board from time to time and made available at any time upon

request. If the actual costs incurred by the Board for a background investigation exceed the

amount deposited by the applicant, those costs may be assessed to the applicant in the discretion

of the Board. In such cases, the Board shall submit a detailed billing of the costs and an

explanation as to why the excess costs were incurred. Payment in full of any required fee is

required before a license is issued.

SECTION 5. STANDARDS OF OPERATION ANt) MANAGEMENT

(a) Class I and Class H gaming The Board may adopt standards of operation and

management for Class I and Class II gaming consistent with the Act and, pending such

adoption, may direct a Gaming Enterprise or Management Contractor to comply with the

standards as the Board may determine necessary to protect the integrity of Class I and Class II

gaming.

(b) Class HI gaming The technical standards of operation and management for Class

HI gaming shall be those adopted in accordance with a Compact.

SECTION 6. EXEMPTIONS

(a) Charitable, Traditional, and Social Gaming Any organization of the Pueblo may

engage in the following forms of gaming without compliance with this Ordinance only if the

gaming activity engaged in is solely for prizes of minimal value and for recognized charitable,

traditional, and social purposes:

(1) bingo;

(2) social games;

(3) raffles or drawings;

(4) sports or gambling pools; or

(5) traditional forms of gaming when played by Pueblo members in connection

with Pueblo ceremonies or celebrations.

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(b) Prize Limits For purposes of this section, prizes of minimal value shall mean

any gaming in which the aggregate amount of all prizes awarded or given in a single gathering or session is no greater than that allowed under the New Mexico Bingo and Raffle Act.

(c) Board Authority The Board shall have authority to grant exemptions, investigate

any gaming exempted by this Ordinance, to take measures to ensure the integrity of any gaming or otherwise, to determine whether such gaming is in violation of this Ordinance, and to enforce

the provisions of this Ordinance.

SECTION 7. MANAGEMENT CONTRACTS

(a) Requirement for review and appeal A Gaming Enterprise may enter into a

Management Contract with a Management Contractor for the management of the Gaming

Enterprise or Gaming Facilities subject to approval of the Council and, if required by the Act,

the Commission.

(b) Required provisions

(1) Governmental authority All gaming covered by a Management Contract

shall be conducted in accordance with this Ordinance and the Act.

(2) Responsibilities The Management Contract shall identify the

responsibilities of each party for each identifiable function as set forth in the Act.

(3) Accounting The Management Contract shall provide for the establishment

and maintenance of satisfactory accounting systems and procedures that shall include an

adequate system of internal accounting controls and permit the preparation of financial

statements in accordance with generally accepted accounting principles.

(4) Reports Each Management Contractor shall provide monthly verifiable

financial reports to the Pueblo, Board, and, if required by the Act, the Commission.

(5) Access A Management Contractor shall allow authorized officials of

the Pueblo, Board, or Commission immediate access to the Gaming Enterprise books and

records and any Gaming Facility. These authorized officials shall have the right to verify the

daily gross revenues and income from any gaming activity and access to any other gamingrelated information deemed appropriate.

(6) Guaranteed minimum payment All management contracts shall provide to the Gaming Enterprise a minimum guaranteed monthly payment in a sum certain to that has

preference over the retirement of any development and construction costs.

(7) Development and construction costs All management contracts shall

provide for an agreed upon maximum dollar amount per month of revenues for the recoupment

of development and construction costs.

(8) Term No management contract shall be for a term exceeding five (5)

years unless upon request of the Council, the Commission authorizes a longer contract term not

to exceed seven (7) years.

(9) Compensation All management contracts shall provide that not more than

thirty percent (30%) of the Net Revenues of a Gaming Enterprise shall be paid to the

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Management Contractor unless a higher percentage, not to exceed forty percent (40%) is

authorized by the Commission pursuant to the Act. The balance of the Net Revenues shall be

paid to the Treasurer of the Pueblo or Gaming Enterprise as set forth in the management

contract.

(10) Termination: disputes All management contracts shall provide grounds

and mechanisms for modifying or terminating the management contract and include a

mechanism to resolve disputes between the Gaming Enterprise and Management Contractor, the

Management Contractor and customers, and Management Contractor and Gaming Employees.

(11) Assignments and subcontracting All management contracts shall provide

that the assignment of rights and subcontracting under a management contract are not permitted

unless authorized by the Council.

(12) Ownership interest All changes in the ownership interest in a

Management Contractor shall require advance approval of the Council.

(13) Prohibited provisions A management contract shall not transfer or convey

any interest in Pueblo Lands unless authorized by federal law.

SECTION 8. PUEBLO GAMING BOARD

(a) Establishment of the Board, appointment: term There is hereby established a

Board consisting of three (3) members that shall be appointed by the Governor with the

approval of the Council to serve on a part-time basis for a term of three (3) years commencing on the date of their appointment.

(b) Compensation The Council shall establish the compensation of members of the

Board.

(c) Removal The Council by a majority vote may remove any board member for

any reason at any time with or without cause.

(d) Vacancies The Governor with the approval of the Council may by appointment

fill any vacancies in the Board.

(e) Powers and duties of the Board The Board shall have the following powers and

duties:

(1) Oversight of Gaming Activity: Inspectors The Board shall have primary

responsibility for overseeing all gaming activity to assure the integrity of gaming activity and

shall for that purpose employ inspectors who shall be under the sole supervision of the Board.

The inspectors shall have access to all areas of any Gaming Facility at all times. The inspectors

shall report to the Board regarding any failure by the Gaming Enterprise or Management

Contractor to comply with any of the provisions of this Ordinance and any other applicable

laws. All inspectors shall be licensed by the Board and subject to background investigations.

(2) Investigations: subpoena The Board may on its own initiative investigate

any aspect of the gaming activity to protect the public interest in the integrity of the gaming

activity and to prevent improper or unlawful conduct in the course of any gaming activity. The

Board may require any Gaming Enterprise or Management Contractor to take any appropriate

action deemed necessary to comply with the ordinance, Act and any other applicable law. The

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Board may compel any person to appear before it and to provide any information, documents,

or other materials that may be in their possession to assist in any such investigation.

(3) Public safety The Board shall ensure that the Gaming Enterprise or

Management Contractor shall prepare and submit for the review and approval of the Board a

satisfactory plan for the protection of the public in any Gaming Facility.

(4) Review of plans The Board shall review and approve floor plans and

surveillance systems for each Gaming Facility and may confer with other organizations

regarding the adequacy of such plans and systems.

(5) Regulations The Board may promulgate regulations to govern the

operation and management of the gaming activity.

(6) Licenses The Board may issue, suspend, and revoke licenses in

accordance with this Ordinance.

(7) Standards The Board shall promulgate, review, approve, and revise the

technical standards and rules of each game operated by the Gaming Enterprise or Management

Contractor and shall notify the Gaming Enterprise or Management Contractor of the rules and

of any change to the rules.

(8) Health, safety and security standards The Board shall enforce all health,

safety and security standards applicable to the Gaming Facilities. Before opening of any

Gaming Facility for gaming activity, the Gaming Enterprise or Management Contractor shall

obtain a certificate of compliance from the Board relating to each Gaming Facility. The Board

shall issue a certificate of compliance to the Gaming Enterprise upon a determination that the

Gaming Facility complies~ with applicable health, safety and security standards.

(9) Penalties and subpoenas The Board shall be empowered to impose

penalties for violations of this ordinance and to issue subpoenas in furtherance of its duties.

(10) Civil and criminal actions The Board may in the name of the Pueblo

bring any civil action or criminal complaint in the courts of the Pueblo, the State or the United

States to enforce the provisions of this ordinance, the Act, or any Compact, or to enjoin or

otherwise prevent any violation of this ordinance, the Act, or a applicable law, occurring on

Pueblo Lands.

(11) Operating budget The Board shall adopt an annual operating budget

which shall be subject to the approval of the Council. The Board may, in accordance with the

budget, employ a staff as it deems necessary to fulfill its responsibilities under this ordinance

and may retain legal counsel, consultants, and other professional services, including

investigative services, to assist the Board with its responsibilities under the ordinance. The

expenses of the Board in accordance with such budget shall be appropriated by the Council from

the Net Revenues paid to the Pueblo.

(12) Orders The Board may issue any order or decision, which the Board has

the power to issue, to any Gaming Enterprise, Gaming Employee, or Management Contractor,

or to any other person within the jurisdiction of the Pueblo, to take any action or cease and

desist from any action as may be required to protect to the public interest in gaming.

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(f) Hearings The Board may conduct hearings, investigations, inquiries, compel

the production of any information or documents, or otherwise exercise the investigatory powers

necessary to carry out its duties under this ordinance.

(g) Director The Board may appoint and retain an individual to serve as Director

of the Board to administer and enforce its duties and responsibilities under this Ordinance and

to oversee the inspectors appointed by the Board and other staff as the Board may employ, and

to conduct hearings, investigations, and otherwise act on behalf of the Board as authorized by

the Board. The Director shall be responsible for coordination of the functions of the Board and

other federal, state, and local agencies as necessary.

(h) Procedures of the Board

(1) Regular meetings Regular meetings of the Board may be held upon

such notice, or without notice, and at such time and place as shall from time to time be fixed

by the Board. Unless otherwise specified by the Board, no notice of such regular meetings

shall be necessary.

(2) Special meetings Special meetings of the Board may be called by the

Chairman of the Board or may be held by teleconference or by polling. The Chairman shall

fix the time and place of the special meeting. Neither the business to be transacted at, nor the

purposes of, any regular or special meeting of the Board need to be specified in the notice of

the meeting.

(3) Ouorum At any meeting of the Board, a majority of the Board members

shall constitute a quorum for the transaction of business. The vote of a majority of the

members present at a meeting at which a quorum is present shall be the act of the Board. The

Chairman shall preside at all meetings of the Board unless the Chairman designates another

member to preside in his absence. Approval of action telephonically or by polling is also

authorized.

(4) Notice of Board action No action of the Board to impose a penalty

pursuant to this ordinance or to revoke a gaming license shall be valid unless the person

affected is given at least seven (7) calendar days notice of the proposed action and the

opportunity to appear and to be heard before the Board, either in person or through a

representative or legal counsel, and to submit such evidence as the Board deems relevant to the

matter at issue. No notice is necessary to suspend a gaming license, but a revocation hearing must be held within nine (9) days or the suspension shall be discharged automatically.

(5) Hearings If the Board deems it necessary to protect the public interest

in the integrity of the gaming activities, the Board may take such action with immediate effect

as it deems required and shall thereupon provide notice and an opportunity to be heard to the

affected person as soon as is reasonably practicable following such action. Any person who is

denied a gaming license or who is barred from the Gaming Facilities by action of the Board

may request a hearing before the Board by written request submitted within thirty (30) days

following receipt of notice of the action of the Board. The Board shall thereupon afford an

opportunity to appear and be heard either in person or through a representative or legal counsel,

and to submit such evidence as the Board deems relevant to the matter at issue. The Board

shall either affirm or reconsider its decision. The Board may direct the Director or one or

more members of the Board designated by the Board to conduct any hearings.

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(6) Rules and procedures The Board may adopt any additional procedures

and rules as it deems necessary or convenient to govern its affairs and which are consistent with

this Ordinance.

SECTION 9. APPEALS TO TRIBAL COURT Any person aggrieved by the final

action of the Board may file an appeal to the Tribal Court. The person shall file a notice of

appeal stating the specific basis of the appeal and pay any court fees. Upon receipt of a notice

of appeal, the court clerk shall schedule a hearing before the Tribal Court. The decision of the

Tribal Court shall be final.

SECTION 10. PROHIBITED ACTS

It shall be a violation of this Ordinance for any person to:

(a) Conduct or participate in any gambling on Pueblo Lands other than at an

authorized and licensed Gaming Facility.

(b) Receive, distribute, apply or divert any property, funds, proceeds, or other assets

of the Gaming Enterprise, to the benefit of any person except as authorized by this Ordinance,

a Compact, or the Act.

(c) Tamper with any Gaming Device or Gaming Equipment used in the conduct of

any gaming activity with the intent to cause any person to win or lose any wager other than in

accordance with the publicly-announced rules of the Gaming Enterprise.

(d) Do any other act in connection with the conduct of any Gaming Enterprise with

the intent to affect the outcome of any wager other than in accordance with the publiclyannounced rules of such Gaming Enterprise.

(e) To alter or misrepresent the outcome of other event on which wagers have been

made after the outcome is made sure but before it is revealed to the players.

(f) To place, increase or decease a bet or to determine the course of play after

acquiring knowledge, not available to all players, of the outcome of the game or any event that

affects the outcome of the game or which is the subject of the bet or to aid anyone in acquiring

such knowledge for the purpose of placing, increasing or decreasing a bet or determining the

course of play contingent upon that event or outcome.

(g) To claim, collect or take, or attempt to claim, collect or take, money or anything

of value in or from a Gaming Device or Gaming Equipment, with intent to defraud, without

having made a wager thereon, or to claim, collect or take an amount greater than the amount

won.

(h) To place or increase a wager or bet after acquiring knowledge of the outcome

of the game or other event which is the subject of the bet, including past-posting and pressing

bets.

(i) To reduce the amount wagered or cancel the bet after acquiring knowledge of the

outcome of he game or other event which is the subject of the bet, including pinching bets.

(j) To manipulate, with the intent to cheat, any component of an electronic Game

of Chance or Gaming Device in a manner contrary to the designed and normal operational

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purpose for the component, including, but not limited to manipulating a Gaming Device, with

knowledge that the manipulation affects the outcome of the game or with knowledge of any

event that affects the outcome of the game.

(k) Knowingly to use other than coins or tokens approved by the Board or other

lawful coin, legal tender of the United States of America, or to use a coin not of the same

denomination as the coin intended to be used in the Gaming Device.

(1) To possess, with the intent to use, any device to assist in projecting the outcome

of the game, in keeping track of the cards played, in analyzing the probability of the occurrence

of an event relating to the game, or in analyzing the strategy for playing or betting to be used

in the game.

(m) To use any device or means to cheat, or to possess any such device while at the

Gaming Facility.

(n) Knowingly to entice or induce another to go to any place where gaming is being

conducted or operated in violation of the provisions of this Ordinance, the Act, a Compact, or

other applicable law and regulation with the intent that the other person play or participate in

that gaming.

SECTION 11. PENALTIES Any person who violates any provision of this Ordinance

shall be subject to civil penalties, termination of employment by the Gaming Enterprise, denial

or revocation of a gaming license, exclusion from attendance at any Gaming Facility, or

exclusion from Pueblo Lands if a non-member of the Pueblo. The Board may impose a fine

of not more than $500.00 for each violation. The Board shall have the jurisdiction to impose

any penalties on any person within the jurisdiction of the Pueblo.

SECTION 12. SEVERABILITY In the event any section or provision of this

Ordinance or its application to any particular activity is held to be invalid, the remaining

sections and provisions of this Ordinance and the remaining applications of such section or

provision shall continue in full force and effect.

SECTION 13. SOVEREIGN IMMUNITY The Pueblo does not in any way waive its

sovereign immunity from suit in any court to contest the validity of this ordinance. However,

the final decisions of the Board may be appealed to and shall be subject to final review only in

the Tribal Court.

SECTION 14. AMENDMENTS This Ordinance may be amended by majority vote

of the Council.

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