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May 11, 2020

VIA EMAIL

President Bernadine Burnette

Fort McDowell Yavapai Nation

P.O. Box 17779

Fountain Hills, Arizona 85269

Re: Fort McDowell Yavapai Nation Gaming Ordinance Amendments, Resolution 2020-

018

Dear President Burnette:

This letter responds to your February 13, 2020 request on behalf of the Fort McDowell 

Yavapai Nation for the National Indian Gaming Commission Chairman to review and approve 

the Nation’s amendments to its gaming ordinance. 

The amendments, adopted by Tribal Council Resolution 2020-018 on February 04, 2020, 

reflect comprehensive revisions to the Nation’s gaming ordinance. The changes include new 

definitions, clarification of the role of the gaming commission, changes to the tribal regulatory 

agency to reflect the NIGC model gaming ordinance, and a reorganization to the licensing 

section, among other changes.

Thank you for bringing these amendments to our attention and for providing us with a 

thorough submission of the Nation’s gaming laws and regulations. The amended ordinance is

approved as it is consistent with the requirements of the Indian Gaming Regulatory Act and the 

NIGC’s regulations. If you have any questions or require anything further, please contact Josh 

Proper at (202) 632-0294.

Sincerely,

E. Sequoyah Simermeyer

NIGC Chairman

cc: Tim Bush, Executive Director, Fort McDowell Tribal Gaming Office

Simon Goldberg, Assistant General Counsel, Fort McDowell Yavapai Nation
:Fort Aft:!Dowe[[ ')avapai 9{{,ti.on 

P.O. 'lJo-x;_ .1 i 779, !fount.Tin J{ilfs, J1Z 85269 Phone (480) 789-7000 :[~(480) 83'1-1630 

...a... ............... ~~~~~~~~~~~ .... -=-----==--=---.~·=---~--·~--.~~~--~. ~".l!"'._=-.z::._~.!.';:-~~-~ 

Presitfent 1Jernaai111! 'Burnette 

Cotmei£ !Member (jemfd '])ofy. 

'7/ice Presitknt Pau( J. !l(usse[[ 

Council Member 'f(u.ien. :Baftferas 

'.treasurer Pamefa Mott 

Cou.nc.i{Secrdar!J o/erfe.ne 'Enos 

RESOLUTION AUTHORIZING THE PRESIDENT TO APPROVE REVISIONS TO THE 

FORT MCDOWELL YAVAPAI NATION'S TRIBAL GAMING ORDINANCE IN 

CHAPTER 21 OF THE LAW AND ORDER CODE 

Resolution No. Ft. McD. 2020- o,i 

WHEREAS, the Fort McDowell Yavapai Nation ("Nation") is a federally recognized Indian tribe 

and a sovereign nation governed by its Constitution and laws; and, 

WHEREAS, the Fort McDowell Yavapai Nation Tribal Council ("Tribal Council") is the 

governing body of the Nation; and, 

WHEREAS, the Tribal Council has appointed the Law and Order Committee ("Committee") to 

review and recommend revisions to the Nation's Law and Order Code ("Code"); 

and, 

WHEREAS, the Tribal Council is authorized to enact and enforce ordinances regulating gaming 

activities; and, 

WHEREAS, the Committee recommends a number of changes to Chapter 21 of the Code based 

on a series of meetings between the Fort McDowell Casino, the Tribal Regulatory 

Agency, and the Office of General Counsel to discuss revisions to the Tribal 

Gaming Ordinance; and, 

WHEREAS, the proposed changes were publicly posted for over sixty ( 60) days; and, 

WHEREAS, the Tribal Council has reviewed the revisions, attached hereto ac, "Exhibit A"; and, 

WHEREAS, the Tribal Council, based on the recommendation of the Committee, finds it to be 

in the best interest of the Nation to approve the revisions to Chapter 21 of the Code 

to be made effective on this date. 

NOW, THEREFORE, BE IT RESOLVED that the Tribal Council authorizes the President, or 

her designee, to sign and approve the revisions to the Tribal Gaming Ordinance or Chapter 21 of 

the Nation's Law and Order Code, as well as any other necessary documentation. 

BE IT FURTHER RESOLVED, that the revisions shall be effective upon written approval by 

the National Indian Gaming Commission, and notice of the amendment shall be given to the 

Arizona Department of Gaming and the National Indian Gaming Commission as required. 

1 
Resolution No. l<""'t. McD. 2020- 0/~ Cont. Tribal Gaming Ordinance Revisions 

CERTIFICATION 

Pursuant to the authority contained in Article V, Section 13(A)(l), (3), (6), (24), and 13(B)(l) and 

(2) of the Constitution of the Fort McDoweU Yavapai Nation ratified by the Tribe on October 19, 

1999 and approved b;,;,,lhe Secretary of the Interior on ip~9~9, the foregoing 

Resolution No. 2020-___Ul1_ was adopted this ___g,___ day of 2020 at a Special 

Tribal Council Meeting held at Fort McDowell at which a quorum of ___;i_ members were present, 

~ absent, by a vote of __t_ for and~/_ opposed and _Q__ abstained. 

Vote of the Tribal Council: 

Per the Nation's Constitution, Article V, the President only votes in a tie vote or under Article IX. 

Bernadine Burnette, President 

Paul J. Russell, Vice President 

Pamela Mott, Treasurer 

Gerald Doka, Council Member 

Ruben Balderas, Council Member 

Attested to: 

Verlene Enos 

Tribal Secretary 

Absent X for _opposed abstained 

Absent Xtor ~opposed abstained 

){Absent for opposed abstained 

Absent for Xopposed abstained 

$_Absent for _opposed abstained 

~ Bernadine Burnette 

President, Tribal Council 

2 
Exhibit A 

REVISED TRIBAL GAMlNG ORDINANCE 

LAW AND ORDER CODE, CHAPTER 21 

3 
TRIBAL GAMING ORDINANCE 

OF THE FORT MCDOWELL YAVAPAI NATION 

Page 1 of 41 
TRIBAL GAMING ORDINANCE OF THE FORT MCDOWELL YAVAPAI NATION 

Chapter 1. 

Chapter 2. 

Chapter 3. 

Chapter 4. 

Chapter 5. 

Chapter 6. 

Chapter 7. 

Findings and Purposes 

Section 101 Legislative Findings 

Section 102 Purposes 

Definitions 

5 

5 

5 

Tribal Ownership, Authorization for Gaming Activities, and Use of Net Revenues 

Section 301 Tribal Ownership of Gaming Activities 

Section 302 Authorization for Gaming Activities 

Section 303 Use of Net Revenues 

Section 304 Per Capita Payments 

Fort McDowell Yavapai Nation Commission 

Section 401 Membership 

Section 402 Resignation of Commissioners 

Section 403 Removal of Commissioners 

Section 404 Legal Advice 

Fort McDowell Yavapai National Tribal Regulatory Agency 

10 

10 

10 

11 

11 

11 

12 

12 

Section 501 Establishment of the Tribal Regulatory Agency 12 

Section 502 Tribal Regulatory Agency Staff 13 

Section 503 Ineligible Persons 13 

Section 504 Appointment and Authority of Executive Director 13 

Section 505 Powers and Duties of the Tribal Regulatory Agency 14 

Section 506 Issuance of Regulations 17 

Section 507 Investigations 17 

Section SO& Investigative Reports 17 

Section 509 Eligibility Determinations 18 

Section 510 Notice of Results of Background Investigations for Key Employees 

and Primary Management Officials 18 

Section 511 License Renewal 19 

Section 512 Records Retention 19 

Section 513 Records Confidentiality 19 

Section 514 legal Advice 19 

Annual Independent Audit 19 

Environment and Public Health and Safety 21 

Page 2 of 41 
Chapter 8. 

Chapter 9. 

Chapter 10. 

Patron Dispute Resolution 

Tribal Internal Control Standards 

Section 901 Adoption and Implementation 

Section 902 Notification 

Licensing 

Division 1-General Licensure 

Section 1001 Standards of Suitability 

Section 1002 License Application Forms 

Section 1003 License Fees 

Section 1004 State Certification 

Division 2 - Gaming Facility licensure 

21 

22 

23 

24 

24 

25 

25 

Section 1005 Gaming Facility Licenses 25 

Section 1006 Standards for Issuance of a Gaming Facility License 25 

Division 3 - Gaming Employee Licensure 

Section 1007 License Terms; Renewal; Temporary License 

Section 1008 Gaming Employee Licenses 

Section 1009 Fingerprints 

Section 1010 Background Investigations 

26 

26 

27 

27 

Section 1011 Procedures for Conducting a Background Check on Applicants 28 

Section 1012 Eligibility Determination 28 

Section 1013 Procedures for forwarding Applications and Reports for Key 

Employees and Primary Management Officials to the Nation Indian Gaming 

Commission 29 

Section 1014 Report to the National Indian Gaming Commission on Key 

Employees and Primary Management Officials 29 

Section 1015 Gaming Employee License Suspension and Revocation 29 

Section 1016 Identification Cards 30 

Division 4-Vendor Licensure 

Section 1017 Vendor Licenses 31 

Section 1018 Waiver 31 

Section 1019 Submission of a Class A Vendor license Application 31 

Section 1020 Contents of the Vendor License Application 32 

Section 1021 Vendor Background Investigation 33 

Section 1022 Vendor Background Investigation Report 33 

Page 3 of41 
Chapter 11. 

Chapter 12. 

Chapter 13. 

Chapter 14. 

Chapter 15. 

Chapter 16. 

Chapter 17. 

Chapter 18. 

Chapter 19. 

Section 1023 Vendors licensed by Recognized Regulatory Authorities 33 

Section 1024 Licenses for Class B Vendors 33 

Division 5 - Management Contractor Li censure 

Section 1025 Management Contractor License 33 

Division 6 - Finance Licensure 

Section 1026 license for Person Providing Financing 

Gaming Operation 

Section 1101 Scope of Permissible Gaming 

Section 1102 Employee and Player Age Limit 

34 

34 

34 

Section 1103 Management; Security; Self-Excluded and Banned Patrons 35 

Section 1104 Play by Employees 35 

Section 1105 Financial Services at Gaming Facilities 

Section 1106 Advertising Guidelines 

Prohibited Acts: Violations and Remedies 

Section 1201 Violations 

Section 1202 Notice of Violation 

Section 1203 Gaming Commission.Review for Licensees 

Section 1204 Civil Penalties 

Section 1205 Civil Remedies 

Transition Provisions 

Section 1301 Existing Games Lawful 

Section 1302 Adoption of Compact 

Agent of Service Process 

Compliance with Federal Law 

Repeal 

Sovereign Immunity 

Amendments 

Effective Date 

Page 4 of 41 

36 

36 

36 

37 

38 

39 

39 

39 

40 

40 

40 

40 

41 

41 

41 
Chapter 21-TRIBAL GAMING ORDINANCE OF THE FORT MCDOWELL YAVAPAI NATION 

CHAPTER 1. FINDINGS ANO PURPOSES 

Sec. 101. - Legislative Findings. 

The Tribal Council of the Fort McDowell Yavapai Nation hereby finds: 

(a) That the orderly and honest conduct of gaming activities within the Fort McDowell Yavapai Nation 

("Nation") has been and will continue to be of vital importance to the economy of the Nation, and to 

the general welfare of the Nation's members; 

(b) That the continued growth and success of gaming within the Nation are dependent upon public 

confidence and trust that such activities are conducted honestly and that they are free from criminal 

and corrupt elements, and that the facilities in which such activities are conducted are designed 

and maintained to assure the safety and comfort of patrons of the gaming activities; 

(c) That such public confidence and trust can only be maintained by the comprehensive regulation of 

all people, practices, and activities related to the operation of the Nation's gaming facilities; and 

(d) All of the Nation's establishments where gaming is approved, and all people holding positions of 

responsibility with respect to any such activity, must therefore be licensed, and their activities 

monitored, to assure that the public health, safety, and general welfare of the inhabitants of the 

Nation and the patrons of its gaming facilities are fully protected, and so as to assure the economic 

success of gaming activities within the Nation. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

101, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 102. - Purposes. 

ln order to accomplish; 

(a) The maintenance of the highest standards of honesty and integrity in the operation of any and all 

gaming activities within the Nation; 

(b) The maintenance of public confidence and trust in the honesty and integrity of such gaming 

activities, and in the people engaged in such activities; 

(c) The maximum reasonable economic return to the Nation as the owner of gaming facilities within 

the Nation consistent with the fair and reasonable expectations of patrons of such activities and the 

assurance of their safety and comfort in participating in gaming activities; and 

(d) Compliance with all applicable laws of the Nation and the United States of America pertaining to 

gaming, including but not limited to the Indian Gaming Regulatory Act of 1988, and the Gaming 

Compact with the State of Arizona. 

The Tribal Council, empowered by the Nation's Constitution to enact ordinances, hereby enacts this 

ordinance in order to govern Class II and Class Ill gaming operations on the Nation's Indian lands. 

(FL McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

102, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 2. DEFINITIONS 

Unless a different meaning is clearly indicated in this Ordinance, the terms used herein shall have the 

same meaning as defined in the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq., and its 

regulations, 25 C.F.R. § 500 et seq. and the Fort McDowell Yavapai Nation-State of Arizona Gaming 

Compact. Specifically, for purposes of this Ordinance: 

(a) "Act" means the Indian Gaming Regulatory Act, Public law 100-497, 25 U.S.C. §§ 2701-721 and 

18 U.S.C. §§ 1166-1168, and all regulations promulgated pursuant thereto. 

Page 5 of 41 
(b) "Class I Gaming" means social games solely for prizes of minimal value or traditional forms of 

Indian gaming engaged in by individuals as a part of, or in connection with, tribal ceremonies or 

celebrations. 

[25 US.C. § 2703(6); 25 C.F.R. § 502.2} 

(c) "Class II Gaming" means: 

(1) The game of chance commonly known as bingo (whether or not electronic, computer, or other 

technologic aids are used in connection therewith): 

(A) Which is played for prizes, including monetary prizes, with cards bearing numbers or other 

designations; 

(8) In which the holder of the card covers such numbers or designations when objects, similarly 

numbered or designated, are drawn or electronically determined; and 

(C) In which the game is won by the first person covering a previously designated arrangement 

of numbers or designations on such cards, including (if played in the same location) pulltabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo; and 

(2) Card games that: 

(A) Are explicitly authorized by the laws of the State; or 

(B) Are not explicitly prohibited by the laws of the State and are played at any location in the 

State, but only if such card games are played in conformity with those laws and regulations 

(if any) of the State regarding hours or periods of operation of such card games or 

limitations on wagers or pot sizes in such card games. 

(3) The term "Class I! gaming" does not include any banking card games, including baccarat, 

chem in de fer, or blackjack (21 ). 

{25 US.C. § 2703(7); 25 C:F.R. § 502.3) 

(d) "Class Ill Gaming" means all fom,s of gaming that are not Class I gaming or Class II gaming. 

[25 US.C. § 2703(8); 25 C.F.R. § 502.4) 

(e) "Commissioner(s)" means the member(s) of the Nation's Gaming Commission. 

(f) 'Tribal~State Compact" ("Compact") means the then existing agreement between the Nation and 

the State of Arizona pursuant to, 25 U.S.C. § 2710(d), including any amendments thereto. 

(g) "Constitution" means the Constitution of the Nation amended by the Nation and approved by the 

Secretary of Interior on November 12, 1999. 

(h) "Distributor' means a Person who distributes Gaming Devices and/or component parts of Gaming 

Devices. 

(i) "Executive Director" means the Executive Director of the Tribal Regulatory Agency. 

(j) "Facility License" means a separate license issued by the Tribe to each place, facility or location 

on Indian lands where the Tribe elects to allow class II or 111 gaming. 

[25 C.F.R. § 502.23] 

(k) "Gaming Activities" means any forms of Class II and Class Ill Gaming conducted within the 

territorial jurisdiction of the Nation. 

(I) "Gaming Commission" ("Commission") means the governmental entity of the Nation that reviews 

the Tribal Regulatory Agency's decisions and performance of regulatory oversight, wholly 

independent from the Nation's Gaming Operation and 1ribal Regulatory Agency subject only to the 

Tribal Council. 

Page 6 of 41 
(m) "Gaming Device" or "Electronic Game of Chance" means a mechanical device, an electromechanical device or a device controlled by an electronic microprocessor or another manner, 

whether that device constitutes Class JI Gaming or Cf ass Ill Gaming, that allows a player or players 

to play games of chance, whether or not the outcome also is affected in some part by skill, and 

whether the device accepts coins, tokens, bills, coupons, ticket vouchers, pull tabs, smart cards, 

electronic in-house accounting system credits or other similar forms of consideration and, through 

the application of chance, allows a player to become entitled to a prize, which may be collected 

through the dispensing of coins, tokens, bills, coupons, ticket vouchers, smart cards, electronic inhouse accounting system credits or other similar forms of value; or as modified by subsequent 

approved compact. Gaming Device does not include any of the following: 

(1) Those technological aids for bingo games that function only as electronic substitutes for bingo 

cards. · 

(2) Devices that issue and validate paper lottery products and that are directly operated only by 

Arizona State lottery licensed retailers and their employees. 

(3) Devices that are operated directly by a lottery player and that dispense paper lottery tickets, if 

the devices do not identify winning or losing lottery tickets, display lottery winnings or disburse 

lottery winnings. 

(4) Devices that are operated directly by a lottery player and that validate paper lottery tickets for 

a game that does not have a predetermined number of winning tickets, if: 

(A) The devices do not allow interactive gaming; 

(B) The devices do not allow a lottery player to play the lottery for immediate payment or 

reward; 

(C) The devices do not disburse lottery winnings; and 

(D) The devices are not Video Lottery Terminals, as defined in the Compact. 

(5) Player Activated Lottery Terminals, as defined in the Compact. 

(n) "Gaming Employee" means any individual employed as a Primary Management Official or Key 

Employee of a Gaming Operation of the Nation and any individual employed in the operation or 

management of a Gaming Operation, including, but not limited to, any individual whose 

employment duties require or authorize access to restricted areas of a Gaming Facility not 

otheiwise open to the public; or as modified by subsequent approved compact. 

(o) "Gaming Employee License" means a license issued pursuant to the Compact and this Ordinance 

by the Tribal Regulatory Agency to an employee of the Gaming Facility. 

(p) "Gaming Facility" means the buildings or structures in which Gaming Activities are conducted. 

(q) "Gaming Facility Operator" means the Nation, an enterprise owned by the Nation, or such other 

entity of the Nation having full authority and responsibility for the operation and management of 

Class II and Class Ill Gaming Activities. 

(r) "Gaming Operation" means any Gaming Activity conducted within any Gaming Facility. 

(s) "Gaming Services" means the providing of any goods or services, except for legal services, to the 

Gaming Facility Operator in connection with the operation of Class II or Class Ill gaming in a 

Gaming Facility, including, but not limited to, equipment, transportation, food, linens, janitorial 

supplies, maintenance, or security seNices for the Gaming Facility, in an amount in excess of ten 

thousand dollars ($10,000.00) in any single month; or as modified by subsequent approved 

compact. 

(t) "General Counsel" means the Office of General Counsel of the Nation. 

(u) "Indian lands" means: 

(1) All lands within the limits of the Nation's reservation; 

Page 7 of 41 
(2) Any lands title to which is either held in trust by the L'nited States for the benefit of the Nation 

or individual or held by the Nation or individual subject to restriction by the United States against 

alienation and over which the Nation exercises governmental power; and 

(3) For all lands acquired into trust for the benefit of an Indian Nation after October 17, 1988, the 

lands meet the requirements set forth in 25 U.S.C. § 2719. 

[25 US.C.§ 2703(4); 25 USC.§ 2719; 25 C.F.R.§ 502.12} 

(v) "Indian Nation" means any Indian tribe, band, nation, or other organized group or community of 

Indians that the Secretary recognizes as: 

{1) Eligible for the special programs and services provided by the United States to Indians because 

of their status as Indians; and 

(2) Having powers of self-government. 

[25 C.F.R.§ 502.12] 

(w) "Key Employee" means: 

(1) Any Gaming Employee of the Gaming Facility Operator who performs one (1} or more of the 

following functions: (i) Bingo caller; (ii) Counting room supervisor; (iii) Chief of security; (iv) 

Custodian of gaming supplies or cash; (v) Floor manager; (vi) Pit boss; (vii) Dealer; (viii) 

Croupier; (ix) Approver of credit; (x) Custodian of Gaming Devices including any individual with 

access to cash and accounting records within Gaming Devices; 

(2) Any Gaming Employee of the Gaming Facility Operator whose total cash compensation from 

his or her employment by the Gaming Facility Operator exceeds fifty thousand dollars 

($50,000.00) per year; 

(3) The four (4) most highly compensated employees of the Gaming Facility Operator; or 

(4) Any other person designated by the TRA as a Key Employee, if Tribal Council approves of the 

addition, and the Gaming Facility Operator is notified. 

[25 C.F.R. § 502.14} 

(x) "License• means any license issued by the Tribal Regulatory Agency, including a temporary 

license. 

(y) "Licensee• means any Person licensed by the Tribal Regulatory Agency. 

(z) "Management Contract" means a Management Contract within the meaning of 25 U.S.C. §§ 

271 0(d)(9) and 2711. 

(aa)"Management Contractor" means a Person who has entered into a Management Contract with the 

Gaming Facility Operator which has been approved pursuant to 25 U.S.C. §§ 2710(d)(9) and 2711. 

(bb)"Manufacturer" means a Person that manufactures Gaming Devices and/or component parts of 

Gaming Devices. 

(cc)"Nation" means the Fort McDowell Yavapai Nation. 

(dd}"National Indian Gaming Commission" or "NIGG" means the National Indian Gaming Commission 

established pursuant to 25 U.S.C. § 2704. 

(ee)"Net Revenues" means the gross revenues of the Nation's Gaming Operations less amounts paid 

out as, or paid for, prizes, less total operating expenses including all expenses of the Gaming 

Operation commonly known as operating and non-operating expenses consistent with professional 

accounting pronouncements, excluding management fees, less principal payments on any loan, 

Jess reserves in amounts sufficient to comply with the financial covenants and contractual 

obligations set forth in the loan or any other of the Nation's obligations. 

[25 U.S.C. § 2703(9); 25 C.F.R. § 502.16} 

Page 8 of41 
(ff) "Ordinance" means this Ordi.1ance for the regulation of Gaming Activities within the Nation which 

governs the conduct of Gaming Activities within the Nation, all amendments thereto, and all 

regulations promulgated thereunder. 

(gg)"Person" includes natural persons, as well as corporations, limited liability companies, partnerships, 

and other unincorporated associations, societies, firms, or any other entity. 

(hh)"Primary Management Official" means: 

(1) The individual having management responsibility for a Management Contract; 

(2) Any individual who has authority to hire and fire Gaming Employees or to set up working policy 

for the Gaming Operation; 

(3) The chief financial officer or other individual who has financial management responsibility for a 

Gaming Operation; or 

(4) Any other person designated by the TRA as a Primary Management Official, if Tribal Council 

approves of the addition, and the Gaming Facility Operator is notified. 

[25 C.FR. § 502.19] 

(ii) "President• means the President of the Tribal Council. 

Qi) "Principal" means with respect to any entity: 

(1) Each of its officers and directors: 

(2) Each of its principal management employees, including its chief executive officer, its chief 

financial officer, its chief operating officer, and its general manager; 

(3) Each of its owners or partners, if an unincorporated business: 

(4) Each of its shareholders who own more than ten (10) percent of the shares of the corporation, 

if a corporation; 

(5) Each Person other than a banking institution who has provided financing for the entity 

constituting more than ten ( 10) percent of the total financing of the entity; and 

(6) Each of the beneficiaries, or trustees of a trust. 

(kk)"Privacy Act" means the Privacy Act of 1974, as amended (P.L. 93~579, as amended; 5 U.S.C. § 

552(a), and the obligations and responsibilities placed on the United States government under the 

Privacy Act as applied to the Commission pursuant to the Act. 

(!I) "State" means the State of Arizona, and its authorized officials, agents. and representatives. 

(mm) "State Gaming Agency" ("SGA•) means the agency of the State which the Governor may 

from time to time designate by written notice to the Tribe as the single State agency which shall act 

on behalf of the State under th is Compact. 

(nntTemporary License" means an approval, evidenced in writing or by a name tag, issued by the 

TRA, or the Executive Director or his/her delegate, to a Gaming Employee on a temporary basis 

pursuant to Section 1007 of this Ordinance. 

(oo)''Transfer Agreement" means a written agreement authorizing the transfer of Gaming Device 

Operating Rights between the Nation and another Indian Nation, in accordance with the provisions 

of the Compact. 

(pp)"Tribal Council'' means the Tribal Council of the Nation as established and empowered under 

Articles IV and V of the Constitution of the Nation. 

(qq)'Tribal Regulatory Agency" ("TRA") means the Nation's regulatory department which shall have 

overall civil regulatory authority over Gaming Activities within the Nation and is independent from 

the Gaming Operation. The TRA is the designated Tribal Gaming Office under the Compact. 

Page 9 of 41 
(rrj "Vendor' means a Person who provides gaming-related goods or services in any amount to the 

Gaming Facility, including Distributors and Manufacturers. 

(1) "Class A Vendor" means a Manufacturer, Distributor, or Person who provides ten thousand 

dollars ($10,000.00) or more of gaming-related goods or services in a single month. 

(2) "Class B Vendor" means a Person who provides less than ten thousand dollars ($10,000.00) 

of gaming-related goods or services in a single month. 

(ss)"Vendor License• means a License that any Vendor must apply for from the Tribal Regulatory 

Agency. 

(1) "Class A Vendor License~ means a License granted to a Manufacturer, Distributor, or Person 

who provides ten thousand dollars ($10,000.00) or more of gaming-related goods or services 

in a single month. 

(2) "Class B Vendor LicenseD means a License granted to a Person who provides less than ten 

thousand dollars ($10,000.00) of gaming-related goods or services in a single month. 

(Law & Order Code 2006, § 21-2; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; 

Ft. McD. Res. No. 2006-97, ch. 2, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 3. TRIBAL OWNERSHIP, AUTHORIZATION FOR GAMING ACTIVITIES, AND USE OF NET 

REVENUES. 

Sec. 301. - Tribal Ownership of Gaming Activities. 

All Gaming Activities within the Nation shall be owned entirely by the Nation and conducted and 

operated by the Gaming Facility Operator. In compliance with 25 U.S.C. § 271 0(b)(2)(A), the Nation shall 

have the sole proprietary interest in and responsibility for the conduct of any Gaming Activity on its Indian 

Lands. 

[25 US.C. § 2710(b)(2)(A}; 25 C.F.R. § 522.4(b)(l)] 

(Law & Order Code 2006, § 21-6; Ft. McD. Res. No. 2006-41, adopted4-25-2006, eff. 4-25-2006; 

Ft. McD. Res. No. 2006-97, § 301, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 302. -Authorization for Gaming Activities. 

(a) Forms of Class Ill Gaming Authorized. The Nation may conduct or operate all forms of Class Ill 

Gaming authorized under the Compact; or as modified by subsequent approved compact. 

(b) Authority for Class I and Class II Gaming. The Nation may conduct or operate all forms of Class I 

and Class II Gaming. · 

[25 C.F.R. § 522.6(b)-(c)] 

(Law & Order Code 2006, § 21-4; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; 

Ft. McD. Res. No. 2006-97, § 302, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 303. - Use of Net Revenues. 

The Net Revenues from all Gaming Activities shall be used only for the following purposes: 

(a) To fund the Nation's government operations and programs; 

(b) To provide for the general welfare of the Nation and its members; 

(c) To promote the Nation's economic development; 

(d) To donate to charitable organizations; or 

{e) To help fund operations of local government agencies. 

Page 10 of 41 
[25 US.C. § 2710(b)(2)(B); 25 C.F.R. §§ 522.4(b)(2), 522.6(b)] 

Sec. 304. - Per Capita Payments. 

If the Nation elects to make per capita payments to the Nation's members, the Nation shall authorize 

such payments in accordance with a revenue allocation plan submitted to and approved by the Secretary 

of the Interior in accordance with 25 U.S.C. § 2710(b)(3). 

[25 US.C. § 27JO(b)(3); 25 C.F.R. §§ 522.4(b)(2)(ii), 522.6(b)] 

(Law & Order Code 2006, § 21-7; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; 

Ft. McD. Res. No. 2006-97, § 303, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 4. FORT MCDOWELL YAVAPAI NATION COMMISSION 

The Nation hereby establishes the Fort McDowell Yavapai Nation Commission to oversee the 

regulating of the Nation's Gaming Operation and to provide review of actions of the Tribal Regulatory 

Agency (TRA). The Commission is a subordinate advisory commission of the Tribal Council. As an 

unincorporated governmental entity of the Nation. the Commission bears the responsibility of presenting 

recommendations to the Tribal Council and keeping the Tribal Council informed of any related Gaming 

Activities, regarding a threat, or potential threat, in any fonn to the Nation, and the Gaming Facility and 

surrounding areas. 

Sec 401. - Membership. 

The Commission shall consist of five (5) voting Commissioners who shall be appointed by the Tribal 

Council. This includes one (1) Chairman and four (4) other Commissioners. 

(a) Prior to appointing a Commissioner, the Nation shall conduct or cause to be conducted a 

background investigation of the person in accordance with the provision of Section 1010 of this 

Ordinance. All Commissioners shall consent to an annual background check. 

(b) All five {5} of the Commissioners, including the Chairman, shall be enrolled members of the Nation. 

(c) A majority of the Commission shall constitute a quorum. The concurrence of a majority of the 

Commissioners shall be required for any final determination by the Commission. The Commission 

may act in its official capacity, even if there are vacancies on the Commission. None of the 

Commissioners shall be employees of the Gaming Operation or Gaming Facility Operator or 

elected officials of the Nation. 

(d) Each Commissioner shall serve for a term of three (3) years commencing on the date of his or her 

appointment. The appointment will remain in effect until the Commissioner is reappointed or the 

successor is appointed. 

(e) The compensation of Commissioners of the Nation's Gaming Commission shall be determined by 

the Tribal Council. 

(f) No Commissioner shall participate as a player in any Class II or Class Ill Gaming Activity conducted 

on the Nation. 

Sec 402. - Resignation of Commissioners. 

Any Commissioner may resign at any time by giving written notice which specifies the intended effective 

date of such resignation to the Tribal Council and, by copy, notice to the Executive Director of the Tribal 

Regulatory Agency and other members of the Commission. A Commissioner who resigns shall remain on 

the Commission until a replacement Commissioner is appointed, unless their license is no longer current. 

Sec. 403. - Removal of Commissioners. 

Commissioner(s) may be removed from office by the Tribal Council prior to the expiration of their 

respective terms for cause, and only for neglect of duty, misconduct, malfeasance, failure to comply with 

drug testing requirements, cause for removal as detailed in Article V, Section 3 of the Commission's Bylaws, 

or other acts that would render the Commissioner(s) unqualified for his/her position. 

Page 11 of41 
(a) When the Tribal Council believes that a removal is appropriate, it shall so Mtify the 

Commissioner(s) and hold a hearing on the matter. The Tribal Council may opt to preliminarily 

remove the Commissioner(s) pending the hearing. 

(b) At the hearing the Commissioner(s) may provide evidence rebutting the grounds for his/her 

removal. A vote of the Tribal Council on the validity of the preliminary removal shall be final and not 

subject to further appear. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, ch. 

4, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 404. - Legal Advice. 

The Commission may seek the advice of General Counsel. 

CHAPTER 5. FORT MCDOWELL YAVAPAI NATION TRIBAL REGULATORY AGENCY 

Sec. 501. - Establishment of the Tribal Regulatory Agency. 

The Nation hereby establishes a TRA to regulate the Nation's Gaming Operations. The purpose of the 

TRA is to protect the public interest in the integrity of Gaming Activities and the integrity of the Gaming 

Facility Operator; to ensure that the Gaming Facility Operator is accountable for and able to protect its 

assets; to prevent improper or unlawful conduct in the course of Gaming Activities, financial accounting or 

money handling ofthe Gaming Facility Operator. 

The TRA will conduct oversight to ensure compliance with Tribal, applicable Federal and State laws. 

(a) The TRA will serve as the licem;ing authority for Gaming Employees, Gaming Facilities, Vendors, 

Management Contractors, and Finance licenses and wm administer background investigations as 

part of the licensing process. 

(b) The TRA will also have a role in monitoring compliance with the internal controls for the Gaming 

Operation and in tracking revenues. 

(1) In order tcr carry out its regulatory duties, the TRA shall have unrestricted access to all areas 

of the Gaming Operation and to all records. 

(2) The TRA shall have authority to take enforcement actions, including suspension or revocation 

of a License when appropriate. 

(3) The TRA shall be regarded as a law enforcement agency for the purposes of accessing criminal 

history information and performing other duties as required by this Ordinance. 

(c) The Nation recognizes the importance of an independent TRA in maintaining a well-regulated 

gaming operation. The TRA shall be and act independently and autonomously from the Tribal 

Council in all matters within its purview. No prior or subsequent review by the Tribal Council of any 

actions of the TRA shall be required or permitted except as otherwise explicitly provided in this 

Ordinance. To avoid potential conflicts of interest between the operation and regulation of the 

Gaming Facility, the Nation hereby finds that, at a minimum: 

(1) No member of the Tribal Council or Commission may serve on the TRA; 

(2) If it is determined that TRA staff have a conflict of interest, the Tribal Government Human 

Resources Department will act to determine the existence of a conflict of interest and take 

appropriate measures to resolve the conflict of interest; 

(3) Employees of the TRA are prohibited from gambling in the Gaming Facility; 

(4) Employees of the TRA are prohibited from using his/her position to secure privileges or 

preferential treatment for themselves or others from the Gaming Operation. TRA employees 

are prohibited from accepting money, gratuity, or complimentary items from the Gaming 

Page 12 of 41 
Operator and its patrons. Employees of the TRA may acc9pt gratuities and discounts that have 

been approved by the Tribal Council. 

(Law & Order Code 2006, § 21-10; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 501, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 502. - Tribal Regulatory Agency Staff. 

The day-to-day function of the TRA sha!J be executed by staff or employees of the TRA Alf employees 

of the TRA must qualify fo_r and obtain a valid Tribal Gaming License in order to commence or continue to 

be employed in the TRA. TRA staff shall be supeNised by an Executive Director who shall have overall 

responsibility for the administrative functions of the TRA and other responsibilities specified under this 

Ordinance. The TRA shall consist of an Executive Director, Investigators, Inspectors, SuNeillance and other 

staff as may be necessary to fulfill the TRA's regulatory duties under this Ordinance and the Compact, as 

determined by the Executive Director, subject to funding provided by the Tribal Council. All positions within 

the TRA, including the Executive Director, must satisfy the suitability standards set forth in Section 1001 of 

this Ordinance. Background investigations shall be performed by the SGA. The Executive Director shall 

have the authority to direct expanded background investigations on personnel hired for positions within the 

TRA, which may be in addition to any background investigation conducted by the SGA. 

Sec. 503. - Ineligible Persons. 

The following Persons are not eligible to serve as TRA employees: Tribal Council members, while 

serving as such; employees of the Gaming Operation, while serving as such; gaming contractors (including 

any principal of a management or other contracting company); Persons ineligible to be Key Employees or 

Primary Management Officials. Persons previously convicted of a felony, of embezzlement, of theft, or of 

any other money-related crime or honesty-related crime (such as fraud) cannot serve as TRA employees. 

The TRA shall require a criminal history check, shall review this criminal history report, and shall make an 

appropriate suitability determination before appointing an individual to a position in the TRA. 

( a) All employees of the TRA shal I act under the authority and supervision of the Executive Director. 

(b) No employee of the TRA shall be employed by the Gaming Facility Operator. 

(c) No employee of the TRA shall be employed by or hold, directly or indirectly, a financial interest in 

an organization or entity which: 

( 1) has entered into a Management Contract with the Gaming Facility Operator; 

(2) is a Manufacturer or Distributor; 

(3) provides Gaming Services; or 

(4) provides financing to the Nation or the Gaming Facility Operator for purposes of conducting 

Gaming Operations within the Nation. 

Sec. 504. -Appointment and Authority of Executive Director. 

(a) The Executive Director of the TRA shall be appointed by the Tribal Council of the Nation and shall 

serve at its pleasure. The Executive Director shall report to Tribal Council. The job performance of 

the Executive Director may be reviewed periodically by the Nation's President who shall submit a 

written report of each such evaluation to the Tribal Council for review and determination of 

performance: 

(b) The Executive Director shall be an individual (i) of the utmost honesty and integrity, {ii) who has not 

been convicted of any felony or of a misdemeanor involving theft or embezzlement or a crime 

involving moral turpitude, {iii) whose prior activities, reputation, habits, and associations do not pose 

a threat to the public interest or to the effective regulation of Gaming Activities, and (iv) who is 

qualified for and obtain a valid gaming license. 

(c) The Executive Director shall have the overall responsibility for the administrative functions of the 

TRA and other responsibilities as specified under this Ordinance. 

Page 13 of 41 
(d) The Executive Director shall ')e the Nation's designated agent for service of any official 

determination, order or notice of the State, NIGG, and/or the Commission, as specified in Chapter 

14 of this Ordinance. 

(e) The Executive Director shall oversee Inspectors, Investigators, and Surveillance Officers hired by 

the TRA as well as such other TRA staff. 

(f) The Executive Director shall be responsible for coordination of TRA functions with the SGA and 

other federal, state and local agencies and shall serve as the formal liaison to the person holding 

a similarly titled position with the SGA. 

(g) The Executive Director may direct TRA staff to conduct an investigation on matters relating to 

Gaming Activities, licensing of Vendors, Gaming Employees, and applicants, violat(ons of the 

Compact, violations of NIGG regulations, violations of Gaming Facility Internal Controls, and 

violations of this Ordinance, the imposition of any penalty, the investigation of any complaint, or 

any other action within the jurisdiction of the TRA. 

(h) The Executive Director may conduct an investigation or inquiry, compel the production of any 

information or documents, and otherwise exercise the investigative powers of the TRA, which the 

TRA may exercise under this Ordinance. 

(Law & Order Code 2006, § 21-10; Ft McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 502, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 505. - Powers and Duties of the Tribal Regulatory Agency. 

The TRA shall: 

(1) Have and exercise full responsibility for the regulation of Gaming Activities within the Nation, as 

provided in this Ordinance, the Act, and the provisions of the Compact; 

(2) Conduct or cause background investigations to be conducted on Gaming Employees; 

(3) Perform background investigations on every applicant for a Gaming Employee License or Vendor 

License under this Ordinance; 

(4) Review and approve all investigative work conducted in connection with the background 

investigations of Licensees; 

(5) Create and maintain investigative reports based on the background investigations of Licensees; 

(6) Obtain and process fingerprints and conduct a criminal history check that shall include a check of 

criminal history records information maintained by the Federal Bureau of Investigation; 

(7) Make licensing suitabili1y determinations, which shall be signed by the Executive Director of the 

TRA or a designated representative; 

(8) Submit a notice of the results to the NIGG of the background investigations done for each Primary 

Management Official and Key Employee applicant; 

(9) Issue Licenses to Gaming Employees, Primary Management Officials, Key Employees, and 

Vendors if warranted by the eligibility determination; 

(1 0)lssue badges to the licensed Gaming Employee. The badges shall include a photograph, the 

employee's first and last name, a unique identification number, the Nation's seal, and an expiration 

date; 

{11)Approve or deny applications for Licenses or 1o limit, condition, restrict, revoke, or suspend any 

License which it has granted; 

(12)Establish standards for licensing Gaming Operations and Gaming Facili1ies; 

(13}1ssue Licenses to Gaming Operations and Gaming Facilities; 

Page 14 of41 
(14)Inst-,ect, examine and monitor all Gaming Activities, and have immediate access to review, inspect, 

examine, photocopy and audit all records, excluding personnel files, of the Gaming Facilities and 

operations. The TRA shall be granted specific information from a Gaming Employee's personnel 

file if the Executive Director makes a written request that is (i) limited, {ii) related to an employment 

inquiry or concern, and (iii) not contrary to applicable law. Furthennore, the Gaming Employee shall 

be given advanced written notice of the TRA's inquiry; 

(15)Have authority to inspect the Gaming Facility at any time and have immediate and unrestricted 

access to any and all areas of a Gaming Facility and personnel employed within the Gaming 

Facility, which it may exercise directly or through such agents or employees as determined by the 

Executive Director; to enter the Gaming Facility at any time to inspect (1) the Gaming Facility, (2) 

its Gaming Employees and Gaming Operations, (3) its equipment and supplies, and (4) its business 

records, books of account: and any and all other financial records or documents pertaining to the 

business operations of the Gaming Operation (regardless of where those records or documents 

may be located) and to make summaries or copies of any and all such records or documents to 

ensure compliance with the provisions of this Ordinance, the Compact or the Act; to have an 

Inspector present in each Gaming Facility during all hours of Gaming Operation; 

(16)Ensure compliance with all Tribal, and applicable State, and Federal laws, rules, and regulations 

regarding Indian gaming; 

(17)Review any proposed Management Contract, Transfer Agreement or proposed lease of !and for 

the site of a Gaming Facility to determine whether the contract, agreement or lease complies with 

all applicable laws and regulations and to make recommendations regarding the terms of any 

proposed Management Contract, Transfer Agreement or lease to the Nation's President, legal 

counsel and Gaming Facility Operator; 

(18)Investigate any suspicion, reported violation of wrongdoing, or report of failure, associated with any 

Gaming Activities or the Gaming Facility Operator, 

(19)Compel any Licensee or Person employed by or doing business with the Gaming Operation to 

appear before it and to provide such infonmation, documents or other materials as may be in their 

possession to assist in any such investigation; direct the Gaming Facility Operator to correct 

violations of the Compact or this Ord in a nee upon such tenns and conditions as the TRA may deem 

appropriate. 

(20)Receive and investigate any complaint from an employee of the Gaming Operation or any member 

of the public who is or claims to be adversely affected by an act or omission of the Gaming 

Operation or any employee thereof which is asserted to violate this Ordinance orthe Compact and 

to investigate and resolve patron disputes in accordance with Section 14 of the Compact; 

(21)Require any Person whom the TRA detennines has violated any provisions of this Ordinance to 

correct the violation upon such terms and conditions as the TRA determines to be appropriate; 

(22)Immediately seize, remove, or impound any equipment, supplies, documents, or records of the 

Gaming Operation or found in the Gaming Facility so that it may examine such items; 

(23)Process written complaints by patrons, in accordance with procedures established in this 

Ordinance and the TRA's gaming regulations; 

(24)Comply with any and all reporting requirements under the IGRA, the NIGC's regulations and any 

Tribal-State compact to which the Nation is a party, and any other applicable law; 

(25)Promulgate and issue regulations necessary to comply wiih applicable internal control standards; 

(26)Approve the rules of Gaming Activities prior to implementation by the Gaming Facility Operator, 

and, if deemed appropriate, issue a letter of approval or disapproval: 

{27)Confiscate or shut down any game of chance or gaming supplies that fail to conform to any required 

standards; 

Page 15 of 41 
(28)Approve the required system of internal controls prior to implementation by the Gaming Facility 

Operator, and 10 issue regulations addressing compliance with the approved system of internal 

controls; 

(29)Promulgate and issue regulations on the levying of fees and/or taxes associated with License 

applications; 

(30)Promulgate and issue regulations on the levying of fines and/or suspension or revocation of 

Licenses for violations of this Ordinance, or any other Tribal, applicable Federal or State gaming 

reg.ulations; 

{31 )Issue a notice of violation to any Person for violating provisions of this Ordinance, the Compact, or 

the Act and to impose civil penalties for such violations, in accordance with the provisions of this 

Ordinance; 

(32)Maintain a list of persons provided by the SGA who are not allowed to gamble in Gaming Facilities 

in order to maintain the integrity of the gaming; 

(33)Monitor a list of individuals who, because of their criminal history or their association with career 

offenders or career offender organizations, pose a threat to the integrity of Gaming Activities; 

(34)Establish a list of persons who have voluntarily agreed to be excluded from the Gaming Facility 

and create reg~lations for enforcing the exclusions; 

(35)Use best efforts to remove from any Gaming Facility and the surrounding premises controlled by 

the Gaming Facility .Operator, any individual barred from the Nation's Gaming Facilities, and 

establish a list thereof; 

(36)Provide referrals and information to the appropriate law enforcement officials when such 

infonnation indicates a violation of Tribal, Federal, or State statutes, ordinances, regulations, codes 

or resolutions: 

(37)Create a list of regulatory authorities that conduct background investigations, and license Venda~ 

recognized as trustworthy; 

(38)Promulgate and issue regulations exempting Vendors from the licensing and/or background 

investigation requirements if they have received a license from a recognized regulatory authority; 

(39)Issue and enforce regulations limiting or restricting the access of Persons who are not Gaming 

Employees to the non~public areas of a Gaming Facility; 

(40)Require the Gaming Facility Operator to have a plan for the protection of public safety and the 

physical security of patrons in the Gaming Facilities, setting forth the respective responsibilities of 

the TRA, the security department of the Gaming Operation, any Tribal Police Department, and if 

appropriate, any State or local police agency; 

(41}Prepare an annual operating budget which shall be subject to the approval of the Tribal Council; 

(42)Perfonn such other duties the TRA deems appropriate for the proper regulation of the Gaming 

Operation; 

(43)Promulgate such regulations and guidelines as deemed appropriate to implement the provisions of 

this Ordinance, so long as they are in furtherance of, and not in conflict with, any provisions of this 

Ordinance; 

(44)The TRA shall ensure that all records and infonnation obtained as a result of an employee 

background investigation, including but not limited to, the identity of each Person interviewed in the 

course of an investigation, shall remain confidential and shall not be disclosed to any Persons who 

are not directly involved in the licensing and employment processes. 

Sec. 506. - Issuance of Regulations. 

The TRA shall from time to time promulgate and issue regulations governing any aspect of its 

responsibilities under this Ordinance, so long as they are in furtherance of and not in conflict with any 

Page 16 of41 
provision of this Ordinance. Without limitation, the matters to be addressed by such regulations may include 

the following: 

(a) The time and manner for applying for a Gaming Facility Operator's License under this Ordinance, 

and the specific information to be provided in connection with such application, including 

information necessary for adequate assessment of the applicant's background, and the manner in 

which _such applications will be processed; 

(b) The procedure by which applicants for Licenses under this Ordinance shall apply for such Licenses, 

including the information to be provided by the applicant necessary for adequate assessment of 

the applicant's background, and the manner in which such applications will be processed; 

(c) The specific types of accounting, ir;,ternal controls, security, accessibility to non-public areas, 

record-keeping and reporting measures required by this Ordinance, the Compact or the Act to be 

in place and functioning at any Gaming Facility licensed under this Ordinance; and 

(d) Items listed under Section 505 of the Ordinance. 

(Law & Order Code 2006, §§ 21-10, 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 

4-25-2006; Ft. McD. Res. No. 2006-97, § 505, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 507. - Investigations. 

(a) The Gaming Facility Operator shall report unusual occurrences and aH violations or suspected 

violations of the Compact, its appendices, or this Ordinance by an employee or agent of the Gami.ng 

Facility Operator, or any Person in the Gaming Facility or on the surrounding premises, whether or 

not associated with Gaming Activities, to the TRA. 

(b) The TRA shall investigate unusual occurrences and any reported violation of this Ordinance, the 

Compact, its appendices, or the Act, when the TRA determines that an investigation is reasonably 

necessary to ensure the integrity of gaming, the protection of Persons and property, and 

compliance with the Compact. 

(c) The TRA shall make a written record of reported violations in accordance with the requirements of 

Section 6{e) of the Compact. The TRA shall make reports of its investigations available to the 

Arizona Department of Gaming in accordance with the requirements of Section 6(g) of the 

Compact. 

(d) The TRA may issue a written warning of its preliminary determination of violation to any Licensee 

alleged to have committed a violation and to the Gaming Facility Operator. The warning shall 

require the Licensee and/or the Gaming Facility Operator, as appropriate, to correct the violation 

upon such terms and conditions as the TRA determines are necessary and proper under the 

provisions of this Ordinance. 

( e) The Licensee and/or the Gaming Facility Operator, may file with the TRA, a written response to the 

warning within seven (7) days of receiving the warning. Following receipt of the responses, the TRA 

shall complete its investigation into the alleged violation and, if appropriate, issue a notice of 

violation. The Executive Director may issue a notice of violation if the TRA detem,ines that a Person 

other than a Licensee violated or is violating the Ordinance, the Compact, the Act, or Gaming 

Facility Operator's Internal Controls. After receiving a notice of violation, the Licensee or Person 

may appeal the notice through the Commission Hearing process outlined in Section 1203. 

Sec. 508. - Investigative Reports. 

(a) Before issuing a License to a Primary Management Official or Key Employee, the TRA shall create 

and maintain an investigative report for each background investigation of an applicant. 

[25 U.SC. § 2710(b)(2)(F); 25 C.F.R. §§ 522.4(b)(5), 556.6(b)(l)} 

(b) Investigative reports shall include all of the following information: 

Page 17 of41 
(1) Steps taken in conducting the investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

(4) The basis for those conclusions. 

{25 U.S.C. § 2710(b)(2}(F}; 25 C.F.R. §§ 522.4(b)(5), 556.6(b)(l)] 

Section 509. - Eligibility Determinations. 

(a} Before a Gami'ng Employee License or Vendor License is issued, an authorized TRA Official shall 

make a finding concerning the eligibility of that Person for receiving a License by reviewing the 

applicant's prior activities, criminal record, if any, and reputation, habits and associations. 

{25 U.S.C. § 27J0(b)(2)(F); 25 C.FR. §§ 522.4(b)(5), 556.5(a)} 

(b) If the authorized TRA Official, in applying the standards adopted in this orclinailce, determines that 

licensing the Person poses a threat to the public interest orto the effective regulation of gaming, or 

creates or enhances the dangers of unsuitable, unfair or illegal practices, methods and/or activities 

in the conduct of gaming, the License shall not be granted. 

(c) Copies of the eligibility determination shall be included with the notice of results that must be 

submitted to the NIGG before licensing a Primary Management Official or Key Employee. 

[25 U.S.C. § 2710(b)(2)(F); 25 C.F.R. § 556.6(b}(2)} 

Sec. 510. - Notice of Results of Background Investigations for Key Employees and Primary Management 

Officials. 

(a) Before issuing a License to a Primary Management Official or Key Employee, the TRA shall prepare 

a notice of results of the applicant's background investigation to submit to the NIGC. 

(b) The notice of results for Primary Management Officials and Key Employees must be submitted to 

the NIGC no later than sixty (60) days after the applicant begins working for the Tribe. 

[25 U.S.C. § 27J0(b)(2)(F); 25 C.F.R. § 556.6(b)(2)] 

(c) The notice of results for Primary Management Officials and Key Employees shall include the 

following information: 

(1) The applicant's name, date of birth and social security number; 

(2) The date on which the applicant began, or will begin, working as a Primary Management 

Official or Key Employee; 

(3) A summary of the information presented in the investigative report, including: 

(A) Licenses that have previously been denied; 

(B) Licenses that have previously been revoked, even if subsequently reinstated; 

(C) Every known criminal charge brought against the applicant within the last ten (10) years of 

the date of the application; and 

{D) Every felony offense of which the applicant has been convicted or any ongoing prosecution; 

and 

{4) A copy of the eligibility detem,ination made in accordance with Section 509. 

[25 C.FR. § 556.6(b)(2)(i)-(iv)J 

Section 511. - License Renewal 

All Licensees, including but not limited to the employees of the TRA, Vendors, Commissioners, and 

Gaming Employees, must apply for a License renewal from the TRA. 

Page 18 of 41 
Section 512. - Records Retention 

With respect to all Gaming Employees, the TRA shalt retain, for no less than three (3) years from the 

date of termination of employment with the Nation, the following documentation: 

(a) Application for licensing; 

(b) Investigative Reports; and 

(c) Eligibility Determinations. 

Additionally, all records of license revocation and denials shall be retained for the lifetime of the 

applicant or Licensee. 

{25 C.F.R. § 558.3(e)} 

(Law & Order Code 2006, § 21-10; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff 4-25-

2006; Ft. McD. Res. No. 2006-97, § 504, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 513. - Records Confidentiality. 

The TRA shall ensure that all records and information obtained as a result of an employee background 

investigation shall remain confidential and shall not be disclosed to persons who are not directly involved 

in the licensing and employment processes. 

This Section does not apply to requests for such information or records from any Tribal, Federal or 

State law enforcement or regulatory agency having jurisdiction, or for the use of such information or records 

by the TRA and staff in the performance of their official duties. 

[25 C.F.R §§ 522.4(b)(5), 556.4(c)] 

(Law & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 506, adopted 12-12-2006, eff. 12-12-2006) 

Section 514. - Legal Advice. 

The TRA may seek the advice of.General Counsel. 

CHAPTER 6. ANNUAL INDEPENDENT AUDIT 

(a) The Nation shall cause to be conducted independent audits of Gaming Operations annually and 

shall submit the results of those audits to the NIGG. 

[25 U.S.C. § 2710(b)(2)(C); 25 C.FR. § 522.4(b)(3)] 

(b) AU gaming related contracts that result in the purchase of supplies, services, or concessions for 

more than twenty-five thousand dollars ($25,000.00) in any year (except contracts for professional 

legal and accounting services) shall be specifically included within the scope of the audit conducted 

under subsection (a) above. 

[25 U.S.C. § 2710(b)(2)(D); 25 C.FR § 522.4(b)(4)] 

(c) The Gaming Facility Operator shall prepare financial statements for its operations in accordance 

with generally accepted accounting principles on a regular basis and shall provide the TRA with 

copies of those financial statements. 

(d) Within one hundred twenty (120) days_ after the end of each fiscal year, the Gaming Facility 

Operator shall provide the TRA with an audit of its financial statements for the prior year, along with 

any reports or management letter{s) the accountant has prepared. The audit shall be conducted by 

an independent certified public accountant in accordance with generally accepted auditing 

standards. Either the finn or all independent certified public accountants engaged to do audits 

pursuant to this Section shall be licensed by the Arizona State Board of Accountancy. The audit 

shall be prepared at the Gaming Facility Operator's expense. The auditor shall prepare an audit 

Page 19 of 41 
report expressing [!n unqualified or qualified opinion on th~ financial statements or, if appropriate, 

disclaim an opinion on the financial statements taken as a whole. The examination and audit shall 

disclose whether the accounts, records, internal. controls, and accounting procedures of the 

Gaming Facility Operator are in compliance with the Act. The audit" shall comply with the 

requirements of Section 12(9) of the Compact; it shall audit and report the Nation's Class Ill Net 

Win. It shall also include or be suppiemented with an attestafion by the auditor that Class HI Net 

Win is accurately reported consistent with the terms of Compact Appendix I. 

(e} To facilitate the completion of such audits, the Gaming Facility Operator shall make and maintain 

complete, accurate, and legible records of all transactions pertaining to any Gaming Activities and 

any other revenue producing activities conducted by the Gaming Facility Operator at or in 

conjunction with any Gaming Facility. The Gaming Facility Operator shall maintain its financial 

records in accord~nce with generally accepted accounting principles and shall keep those records 

in a form sui1able for audit under the standards of the American Institute of Certified Public 

Accountants. The Gaming Facility Operator shall maintain the records, as well as all original entry 

transaction records, until the later of five (5) years from the date on which they are made or the 

term of record .retention required by the Compact. The records shall be maintained at a Gaming 

Facility or in other locations approved by the TRA. 

(f) The Gaming Facility Operator shall maintain: 

(1) Accurate, complete, legible and permanent records of all transactions pertaining 1o the Gaming 

Operation in a manner. suitable for audit under the standards of the American Institute of 

Certified Public Accountants; · 

(2) General accounting records using a double entry system of accounting with 1ransactions 

recorded on a basis consistent with Generally Accepted Accounting Principles; 

(3) Detailed supporting and subsidiary records: 

(4) Detailed records identifying revenues, expenses, assets, liabilities and fund balances or equity 

for the Gaming Operation: · · 

(5) All records required by the internal control system including, but not limited to, those relating to 

any Gaming Activity authorized by the Compact; 

(6) Journal entries for the.Gaming Operation; 

(7) Detailed records sufficient to accurately reflect gross income and expenses relating to its 

operations on a monthly and year-to-date basis; · · 

(8) Detailed records of any reviews or audits, whether internal or otherwise, performed in addition 

to the annual audit required in this Section, including, but not limited to, management advisory 

letters, agreed upon procedure reviews, notices_of non-compliance and reports on the in1ernal 

control system; and 

(9) Records of any proposed or adjusting entries made by an independent certified public 

accountant. 

{g) The TRA, when it deems necessary, may request additional information regarding the Gaming 

Facility Operator's financial statements, its audits, or both from the Gaming Facility Operator. The 

TRA also may require the Gaming Facility Operator to have its independent accoun1ant provide 

such information to the TRA. If the Gaming Facility Operator receives any written communications 

from its independent accountant regarding internal control matters, the Gaming Facility Operator 

shall provide copies of those communications to the TRA within thirty (30) days after receiving the 

communications. 

(h) The TRA shall provide copies of the Gaming Facility Operator's annual reports and management 

letters setting forth the results of the annual audit to the Commission within one hundred twenty 

(120} days after the end of each fiscal year for the Gaming Facility Operator and to the State in 

accordance with the requirements of the Compact. The TRA shall cooperate with the Commission 

and the State with respect to any additional information the Commission or the State may request. 

Page 20 of41 
(Law & Order Code 2006, § 21-8; Ft. McD. Res. No. 2006-41, adopted4-25-2006, eff. 4-25-2006; 

Ft. McD. Res. No. 2006-97, ch. 6, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 7. ENVIRONMENT AND PUBLIC HEALTH AND SAFETY 

Gaming Facilities shall be constructed, maintained and operated in a manner that adequately protects 

the environment and the public health and safety. The Nation shall adopt standards that assure adequate 

protection of the environment and the public health and safety. 

{25 US.C. § 2710(b)(2)(E); 25 C.FR. §§ 522.4(b)(7), 522.6(b), and 559.4] 

(Law & Order Code 2006, § 21-9; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; 

Ft. McD. Res. No. 2006-97, ch. 7, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 8. PATRON DISPUTE RESOLUTION 

(a) Refusal to Pay Winnings. Whenever the Gaming Facility Operator refuses payment of alleged 

winnings to a patron or there is otherwise a dispute with a patron regarding that patron's wins or 

losses from Gaming Activity, and the Gaming Facility Operator and the patron are unable to resolve. 

the dispute to the satisfaction of the patron: 

(1) If the dispute involves five hundred dollars ($500.00) or more, the Gaming Facility Operator 

shall immediately notify the TRA and shall inform the patron of his or her right to file a complaint 

with the TRA requesting that it investigate. 

(2) If the dispute involves less than five hundred dollars ($500.00), the Gaming Facility Operator 

shall inform the patron of his or her right to file a complaint with the TRA requesting that it 

investigate. 

(b) Complaint. If a patron files a written complaint with the TRA alleging that the Gaming Facility 

Operator has failed to pay winnings owed to the patron, the TRA shall promptly provide a copy of 

the complaint to the Gaming Facility Operator. Within fifteen (15) days after notifying the TRA of a 

patron dispute or within fifteen (15) days after receiving from the TRA a copy of a complaint filed 

by a patron, whichever is later, the Gaming Facility Operator shall file with the TRA a written report 

setting forth its position regarding the dispute. The TRA shall cause a full investigation to be made 

of the patron's allegations and the Gaming Facility Operator's response, and shall determine 

whether the patron's complaint is valid, whether the patron is entitled to any relief, and if so, the 

relief to which the patron is entitled. 

(c) Notice to Patrons. The TRA shall mail written notice by certified mail, return receipt requested, to 

the Gaming Facility Operator and the patron of its decision resolving the dispute within thirty (30) 

days after the date that the TRA is notified of a dispute by the Gaming Facility Operator or a request 

to conduct an investigation from the patron, whichever is later. 

(d) Effective Date of Decision. The decision of the TRA is effective on the date it is received by the 

aggrieved party as reflected on the return receipt, or three (3) days after the decision is sent via 

regular mail. 

{e) Review of Decision. Within thirty (30) days after the date of receipt of the written decision, the 

aggrieved party may file a petition with the TRA requesting a review of the decision. The TRA 

Executive Director will set a hearing on the matter before the Commission, or ask the Commission 

to make a decision based on the record previously developed and other documentation provided 

to it by the patron and the Gaming Facility Operator. The Commission shall then issue a written 

decision within sixty (60) days of the filing of the petition and mail it to the parties by certified and 

regular mail, return receipt requested. This written decision of the Commission shall be the final 

decision of the Commission, subject to the provision for judicial review. 

{f) Tribal Court Review. A patron whose dispute involves at least five hundred dollars ($500.00), or 

other threshold as established by then-existing Compact, may file a complaint in Tribal Court within 

Page 21 of41 
sixty (60) days of receipt of the Commission's written decision. Disposition of the action in Tribal 

Court will be final and binding upon all parties in accordance with Tribal law. 

(1) The Tribal Court shalt decide all relevant questions of law and regulations presented, interpret 

constitutional and statutory provisions, and determine the basis for the action of the TRA and/or 

the Commission. The Tribal Court shall uphold the action of the TRA and/or the Commission 

unless the court determines that the action was: 

(A) Arbitrary, capricious, an abuse of discretion; 

(B) Without obseNance of procedure required by this Ordinance; or 

{C) Unsupported by substantial evidence. 

(g) Procedures for the Disposition of Tort Claims Brought by Patrons. 

(1) Jurisdiction. All tort claims arising from alleged injuries to patrons of the Gaming Facilities 

brought against the Gaming Facility, Gaming Facility Operator, the TRA, the Commission, the 

Nation, or any member, employee, or agent of any of the foregoing may only be brought in the 

Nation's Tribal Court. 

(2) Procedures. All tort claims arising from alleged injuries to patrons of the Gaming facilities 

brought against the Gaming Facility, Gaming Facility Operator, the TRA, the Commission, the 

Nation, or any member, employee, or agent of any of the foregoing shall be governed by the 

Nation's Tribal Tort Claims Act, Ch. 22, Art. Ill. 

(Law & Order Code 2006, § 21-17; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, ch. 8, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 9. TRIBAL INTERNAL CONTROL STANDARDS 

Sec. 901. -Adoption and Implementation. 

The Gaming Facility Operator shall adopt and implement Internal Control Standards (ICS) for its 

Gaming Operation in accordance with applicable law. 

{a) The TRA shall by regulation approve minimum standards of internal control applicable to the 

Gaming Facility Operator and the Gaming Facilities that provide a level of control that equal or 

exceed the standards required by the Act and the Compact to provide reasonable assurance that 

the following objectives will be maintained: 

(1) Assets are safeguarded and accountability over assets is maintained; 

(2) Liabilities are.properly recorded and contingent liabilities are properly disclosed; 

(3) Financial records including records relating to revenues, expenses, assets, liabilities, and 

equity/fund balances are accurate and reliable; · 

(4) Transactions are performed in accordance with the general or specific authorization of the 

Gaming Facility Operator's management; 

(5) Access to assets is permitted only in accordance with the specific authorization of the Gaming 

Facility Operator's management; 

(6) Recorded accountability for assets is compared with actual assets at frequent intervals and 

appropriate action is taken with respect to any discrepancies; and 

(7) Functions, duties and responsibilities are appropriately segregated and performed in 

accordance with sound practices by qualified personnel. 

(b) The Gaming Facility Operator shall operate each Gaming Facility pursuant to a written internal 

control system in accordance with the requirements of Section 11 of the Compact. The Gaming 

Facility Operator shall adopt policies and procedures and a plan of organization to implement the 

minimum !CS approved by the TRA. The policies and procedures shall include a detailed system 

Page 22 of 41 
for counting cash receipts at least daily, and shall be appropria1e to the types of,Gaming Activities 

carried on at the Gaming Facility. The plan of organization shall provide appropriate segregation of 

functional responsibilities and shall require sound practices to be followed in the performance of 

those duties by competent and qualified personnel. The plan of organization shall be diagrammatic 

and narrative describing the interrelationship of functions and the division of responsibilities upon 

which the system of internal control relative to gaming operations is based. 

(c) The Gaming Facility Operator shall provide the TRA with copies of its policies and procedures, plan 

of organization, and any proposed changes before implementation ( or any part thereof) for the TRA 

to determine if any items are inconsistent with the minimum ICS. If the policies and procedures and 

plan of organization or any proposed changes (or any part thereof) are inconsistent with minimum 

ICS, the TRA shall issue a letter of disapproval, which shall set forth the inconsistencies in detail. 

(d) The minimum ICS may be modified by the TRA in the manner set forth in Section 505, or in the 

manner set forth below. 

(1) The TRA may propose modifications to the minimum ICS by providing written notice of the 

proposed changes to the Gaming Facility Operator and the date the TRA proposes to have the 

changes be effective. The Gaming Facility Operator shall submit any comments on the 

proposed changes to the minimum ICS to the TRA within thirty (30) days after receiving notice 

of the proposed changes from the TRA. The TRA shall not issue a final regulation modifying 

the minimum JCS until it has reviewed and considered the Gaming Facility Operator's 

comments. The TRA's decision to modify any minimum ICS shall constitute final action of the· 

TRA. 

(2} The Gaming Facility Operator may propose changes to the minimum ICS by providing written 

notice of the proposed changes to the TRA and the date the Garn ing Facility Operator proposes 

to have the changes be effective. The TRA shall review the proposed changes within thirty (30) 

days after receiving them from the Gaming Facility Operator and shall notify the Gaming Facility 

Operator in writing whether it approves or does not approve of the proposed changes. If the 

TRA approves the proposed changes, its notice of approval shall set forth the date on which 

the proposed changes will become effective. The TRA's decision to approve or disapprove any 

proposed changes shall constitute final action of the TRA. 

(e) The Gaming Facility Operator shall, upon request, provide written notice to the TRA identifying all 

bank accounts maintained by the Gaming Facility Operator by bank and account number and 

identlfying by name all individuals with authority to sign on each account. The Gaming Facility 

Operator shall provide written notice to the TRA of any changes to this information within seven (1) 

business days of any changes. 

(Law & Order Code 2006, § 21-10; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 901, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 902. - Notification. 

(a) The Gaming Facility Operator shall promptly notify the TRA of any non-compliance with the 

minimum ICS, the Ordinance, the Compact or the Act or any other matters adversely affecting the 

integrity of Gaming Activities or the integrity of the Gaming Facility Operator. 

(b) The Gaming Facility Operator shall promptly notify the TRA of any employee termination and the 

reason for the ICS. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

902, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 10. LICENSING 

Division 1-General Licensure 

Sec. 1001. -Standards of Suitability. 

Page 23 of41 
The TRA shall not issue a License to any applicant under this Chapter if it detennines that the Person: 

(a) Has been convicted of any felony or gaming offense; 

(b) Has knowingly and willfully provided materially important false statements or information or omitted 

materially important information on his or her License application; 

(c) Is an individual whose prior activities, criminal record, reputation, habits, or associations pose a 

threat to the public interest or to the effective regulation and control of gaming, or create or enhance 

the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of 

gaming or the carrying on of the business and financial arrangements incidental thereto; or 

(d) In the case of a Vendor, is financially insolvent or unsound. 

Sec. 1002. - License application forms. 

(a) A notice in substantially the same form as below shall be placed on the Nation's License application 

form before it is filled out by an applicant: 

In compliance with the Privacy Act of 197 4, the following information is provided: Solicitation of the 

information on this form is authorized by 25 U.S.C. §§ 2701 et seq. The purpose of the requested 

information is to determine the eligibility of individuals to be granted a gaming license. The 

information will be used by the Tribal gaming regulatory authorities and by the National Indian 

Gaming Commission members and staff who have need for the information in the performance of 

their official duties. The information may be disclosed by the Tribe or the NIGG to appropriate 

Federal, Tribal, State, local or foreign law enforcement and regulatory agencies when relevant to 

civil, criminal or regulatory investigations or prosecutions or when pursuant to a requirement by a 

tribe or the NIGG in connection with the issuance, denial, or revocation of a gaming license, or 

investigations of activities while associated with a tribe or a gaming operation. Failure to consent 

to the disclosures indicated in this notice will result in a tribe being unable to license you. 

The disclosure of your Social Security Number {SSN) is voluntary. However, failure to supply a 

SSN may result in errors in processing your application. 

[25 C.F.R. § 556.2(a); 42 U.S.C. 405(c)(2)(C), 42 U.S.C. 653; 42 US.C. 654; 42 U.S.C. 666; 

A.R.S. § 25-320(P)J 

(b) The following additional notice shall be placed on the application form: 

"A false statement on any part of your application may be grounds for denying a license or the 

suspension or revocation of a license .. Also, you may be punished by fine or imprisonment. (U.S. 

Code, Title 18, section 1001 )." 

[25 C.FR. § 556.3(a)J 

(c) The TRA shall notify in writing existing Key Employees and Primary Management Officials who 

have not completed an application containing the notices set forth above that they shall either: 

(1) Complete a new application fonn that contains both the Privacy Act and false statement 

notices; or 

(2) Sign a statement that contains the Privacy Act and false statement notices and consent to the 

routine uses described in that notice. 

[25 C.F.R. § 556.2(b); 25 C.F.R § 556.3(b)} 

(Law & Order Code 2006, § 21~1 l; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 1004, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1003. - License fees. 

The Nation may charge and collect a License fee, as approved by the Tribal Council, to be set by the 

TRA, to cover its expenses in investigating and licensing Licensees. The TRA shall collect fees in 

Page 24of41 
connection with the. proce::sing of applications and the issuance of Licenses in accordance with the 

schedule of fees as published by the TRA. The TRA may modify the schedule of fees or prescribe other 

fees as approved by the Tribal Council. 

(Law & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 1005, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1004. - State certification. 

Every Person required to be licensed under this Ordinance also shall comply with the state certification 

requirements of the Compact, if those requirements are applicable to the Person. Within the time 

requirements established by the Compact, the TRA shall forward to the Arizona Department of Gaming a 

report of final disposition of the licensing actions of ihe TRA. The TRA shall afford the Arizona Department 

of Gaming an opportunity for a hearing before an appropriate forum of the Nation, pursuant to Sections 

5( q)(2) and 5(q)(3) of the Compact, to contest a licensing decision of the TRA or to recommend suspension 

or revocation of a License issued by the TRA. The decision of the tribal forum shall be final, except as 

provided in Section 5(q)(4) of the Compact. 

(Law & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, ef£ 4~25-

2006; Ft. McD. Res. No. 2006-97, § 1008, adopted 12-12-2006, eff. 12-12-2006) 

Division 2 ~Gaming Facility Licensure 

Sec. 1005. - Gaming Facility Licenses. 

(a) The TRA shall issue a separa1e Gaming Facility License to each place, facility, or location on Indian 

lands where Class JI and/or Class Ill gaming is conducted under this Ordinance. The license issued 

shall be effective-for one (1) year or as required by Compact. 

[25 use.§ 211o(b)(J)(BJ: 25 C.F.R. § 522.4(b)(6JJ 

(b) The TRA shall specify the form, conditions and content for the application for such licenses, which 

shall be submitted by the General Manager of the Gaming Facility, and the application shall include 

a legal survey of the lands whereon the facility is located; a certification that said premises 

constitute "Indian lands" as specified in the Indian Gaming Regulatory Act; shall identify the 

environmental, health, and public safety standards with which the facility must comply, and; a 

certification that the facility is in compliance therewith. The TRA shall only issue such licenses if 

the applications therefore include the required information and certifications and such further 

conditions as the TRA shall have specified. 

(c) No Gaming Activities shall be conducted in any Gaming Facility unless the TRA first has issued a 

License for the Gaming Facility under the provisions of this Chapter. 

(Law & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 1001, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1006. - Standards for issuance of a Gaming Facility License. 

The TRA shall not issue a Gaming Facility License for any facility at which Gaming Activities are to be 

offered unless the Gaming Facility meets the following requirements: 

(a) The Gaming Activities to be conducted within the Gaming Facility will lawfully be carried on by the 

Nation under the Compact and the Act, and the facilities are appropriate to the carrying on of such 

activities; 

(b) The Gaming Facility Operator will adequately staff and equip the Gaming Facility to ensure the 

safety, health and welfare of the patrons thereof, and the Gaming Facility Operator has taken 

adequate measures to provide for traffic, emergency service accessibility, food, drink and sanitary 

needs for patrons and employees, security, law enforcement and other concerns raised by the type 

of Gaming Activities proposed to be undertaken in compliance with this Ordinance, the Compact 

and the Act; 

Page 25 of41 
(c) Any new or different Gaming Activities at a licensed location shall be played in compliance with this 

Ordinance, the Compact and the Act. 

(!,.aw & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 1002, adopted 12-12-2006, eff. 12-12-2006) 

Division 3 - Gaming Employee Licensure 

Sec. 1007. - License Terms; Renewal; Temporary License. 

(a) The terms of a Gaming Employees License are as follows: 

(1) Licenses for Gaming Employees who are not required to be certified by the SGA subject to 

Section 4(b) of the Compact shall be effective for two (2) years from the date of issuance and 

be renewed for subsequent two (2) year periods upon the timely submission of a completed 

application on the forms specified by the TRA. 

(2) Licenses for Gaming Employees who must be certified by the SGA shall have a primary term 

of one (1) year and may be renewed for subsequent one (1) year periods upon the timely 

submission of a completed application on the forms specified by the TRA. 

(3) Any infractions that could affect a Licensee's eligibility for a License must be reported to the 

TRA immediately, and any violation of this requirement is subject to the immediate revocation 

of the License. No Licensee shall have any vested right to renewal of any License issued 

under this Ordinance. 

(b) The TRA may issue a Temporary License to a Gaming Employee applicant within twenty (20) days 

after receiving a completed application for licensing unless: 

(1) Grounds sufficient to disqualify the applicant are apparent on the face of the application; 

(2) The background inves1igation undertaken by the TRA discloses that the applicant may have a 

criminal history sufficient to disqualify the applicant from holding a license, or 

(3) The background investigation undertaken by the TRA discloses other information that may be 

sufficient to disqualify the applicant from holding a license. 

A Temporary License shall become void and shall beofno effect upon (1) the issuance ofa Gaming 

Employee License; (2) upon the issuance of a notice of denial of the Gaming Employee License in 

accordance with the provisions of this Ordinance; or (3) the expiration of ninety (90) after the 

issuance of a Temporary License. 

[25 C.F.R. § 558.3(b)] 

(Law & Order Code 2006, § 21~11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, §1007, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1008 - Gaming Employee Licenses 

(a) Requirement of License. Every Gaming Employee of the Gaming Facility Operator shall be licensed 

by the TRA before commencing employment. 

(b) The Nation not employ any Primary Management Official or Key Employee who does not have a 

License within ninety (90) days of employment. 

(c) The Nation shall ensure that the policies and procedures set out in this section are implemented 

with respect to Gaming Employees employed at any gaming enterprise operated on Indian lands. 

The Nation will issue Licenses and perform background investigations according to requirements 

at least as stringent as 25 C.F.R. Parts 556 and 558. 

[25 US.C. § 2710(b)(2)(F); 25 C.F.R. § 558.3; 25 US.C. § 522.4(b)(5)] 

Sec. 1009. - Fingerprints. 

Page 26 of41 
Each Gaming Employee shall be required to have fingerprints taken as part of the License application 

procedure. Fingerprints shall be taken by the Licensing Section of the TRA. Fingerprints will then be 

forwarded to the appropriate agency for processing to determine the applicant's criminal history, if any. 

[25 C.F.R. § 522.2(h); 25 C.F.R. § 556.4(a}(14)} 

(Law & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 1009, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1010. - Background Investigations. 

(a) The TRA is responsible for conducting background investigations and suitability determinations. 

(b) The TRA shall request from each Gaming Employee all of the following information: 

(1) Full name, other names used (oral or written), social security number(s), birth date, place of 

birth, citizenship, gender, all languages (spoken and/or written}; 

(2) Currently, and for the previous ten (10) years: business and employment positions held, 

ownership interests in those businesses, business and residence addresses, and driver's 

license numbers; 

(3) The names and current addresses of at least three (3) personal references, including one (1) 

personal reference who was acquainted with the applicant during each period of residence 

listed under paragraph (b)(2) of this section; 

(4) Current business and residence telephone numbers, and all cell phone numbers; 

(5) A description of any existing and previous business relationships with Indian Nations, including 

ownership interests in those businesses; 

(6) A description of any existing and previous business relationships with the gaming industry 

generally, including ownership interests in those businesses; 

{7) The name and address of any licensing or regulatory agency with which the person has filed 

an application for a license or permit related to gaming, whether or not such license or permit 

was granted; 

(8) For each felony for which there was an ongoing prosecution or a conviction, the charge, the 

n:;ime and address of the court involved, and the date and disposition if any; 

(9) For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor 

traffic violations), the name and address of the court involved and the date and disposition; 

(1 O}For each criminal charge (excluding minor traffic charges), whether or not there is a conviction, 

and is not otherwise listed pursuant to paragraph (b)(8) or (b}(9) of this section, the criminal 

charge, the name and address of the court involved and the date and disposition; 

(11 )The name and address of any licensing or regulatory agency with which the person has filed 

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

granted; 

(12)A photograph taken within the last year; 

(13)Any other information the Nation deems relevant; and 

(14)Fingerprints obtained in accordance with procedures adopted by the TRA. 

[25 US.C. § 27J0(b)(2)(F); 25 C.F.R. §§ 522.2(h), 522.4(b)(5), 522.6(a), 556.4(a)(J)-(14)] 

(c) When a Gaming Employee is employed by the Nation, a complete application file shall be 

maintained. 

[25 US.C. § 27J0(b)(2)(F)] 

Page 27 of41 
(d) The TRA, and its investigators, shall keep confidential the identity of each Person igterviewed in 

the course of conducting a background investigation. 

[25 C.F.R. §§ 522.4(b)(5), 556.4(c)J 

(e) The TRA may adopt different background investigation requirements for Gaming Employees who 

a[e not Key Employees or Primary Management Officials. 

(Law & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff 4-25-

2006; Ft. McD. Res. No. 2006-97, § 1010, adopted 12-12-2006, cff. 12-12-2006) 

Sec. 1011. - Procedures for Conducting a Background Check on Applicants. 

(a) As part of its review procedure, the TRA, or its agent, shall conduct a background investigation on 

each appficant sufficient to allow the TRA to make an eligibility determination under Section 1012. 

The investigator shall: 

(1) Verify the applicant's identity through items such as a social security card, driver's license, birth 

certificate, DD Form 214, or passport; 

(2) Contact each personal and business reference provided in the License Application, when 

possible; 

(3) Obtain a personal credit check; 

(4) Conduct a civil history check; 

(5) Conduct a criminal history check via the submission of the applicant's fingerprints to the NIGC, 

DPS, or similar law enforcement agency, and further obtain information from the appropriate 

court regarding past felony and/or misdemeanor convictions and criminal charges; 

(6) Inquire into any previous or existing business relationships with the gaming industry and Indian 

Nations by contacting the entities or Nations: 

(7) Verify the applicant's history and status with any licensing agency by contacting the agency; 

and 

(8) Take other appropriate steps to verify the accuracy of the information, focusing on problem 

areas noted. 

(b) The investigator shall create an investigative report noting the steps taken, information gained, 

potential problem areas, and disqualifying information. 

(c) The TRA and its investigator shall keep confidential the identity of each person interviewed in the 

course of the investigation, other than disclosure as required under applicable Federal, Tribal, or 

State law. 

(Law & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 1011, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1012. - Eligibility Determination. 

The TRA shall review a Person's prior activities, criminal record, if any, and reputation, habits and 

associations to make a finding concerning the eligibility of a Person for employment in a Gaming Operation. 

If the TRA determines that employment of the Person poses a threat to the public interest or to the effective 

regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices and methods 

and activities in the conduct of gaming, the TRA shall not issue a License to that Person and a Tribal 

Gaming Operation shall not employ that Person. 

[25 C.F.R. § 558.2] 

(Law & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 1012, adopted 12-12-2006, eff. 12-12-2006) 

Page 28 of41 
Sec. 1013. - Procedures for forwarding Applications and Reports for Key Employees and Primary 

Management Officia Is to the National Indian Gaming Commission. 

When a Key Employee or Primary Management Official is employed to work at a Gaming Operation 

authorized by this Ordinance, the TRA shall, within thirty (30) days, forward to the NIGC a completed 

application for employment and conduct the background investigation and make the determination referred 

to in Section 1012. 

[25C.F.R. § 558.3(a), (b)J 

(Law & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, ell: 4-25-

2006; Ft. McD. Res. No. 2006-97, § 101_3, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1014. - Report to the National Indian Gaming Commission on Key Employees and Primary 

Management Officials. 

(a) Before issuing a License, the TRA shall prepare and forward a report on each background 

investigation to the NIGC on a Key Employee or Primary Management Official. An investigative 

report shall include all of the following: 

(1) Steps taken in conducting a background investigation; 

(2} Results obtained; 

(3) Conclusions reached; and 

(4) The bases for those conclusions. 

[25 C.F.R. § 556.S(a), (b)] 

{b) The TRA shall forward the completed investigative report on Key Employees and Primary 

Management Officials to the NIGG within sixty (60) days after an employee begins work or within 

sixty (60) days of the approval of this Ordinance by the Chairman of the NIGC. 

[25 C.F.R. § 558.3(b)] 

(c) The TRA shall submit, with the investigative report, a copy of the eligibility determination, unless 

the NIGC shall have advised the Nation that the submission of the eligibility determination is not 

necessary. This determination shall include a Statement describing how the information submitted 

by the applicant was verified; a Statement of results following an inquiry into the applicant's prior 

activities, criminal record, if any, and reputation, habits and associations; a Statement showing the 

results of interviews of a sufficient number of knowledgeable people (such as former employers, 

personal references, and others referred to by the applicant) in order to provide a basis for the TRA 

to make a finding concerning the eligibility for licensing required for employment in a gaming 

operation; and a Statement documenting the disposition of all potential problem areas noted and 

disqualifying information obtained. 

[25 C.F.R. § 556.5(c)] 

(d) If a License is not issued to a Key Employee or Primary Management Official, the TRA: 

(1) Shall notify the NIGC; a·nd 

(2) Shall forward copies of its eligibility determination and investigative report (if any) to the NIGG 

for inclusion in the Indian Gaming Individuals Records System. 

[25 C.F.R § 556.5(d)] 

(e) If, within a thirty (30) day period after the NIGC receives a report, the NJGC notifies the Nation that 

it has no objection to the issuance of a Gaming Employee License pursuant to an application filed 

by a Key Employee or a Primary Management Official for whom the Nation has provided an 

Page 29 of41 
application a11d investigafa-e report to the NIGG, the TRA, acting for the Nation, may issue a 

Gaming Employee License to such applicant. 

[25 C.FR. § 558.4(a)} 

(f) The TRA shall respond to a request for additional information from the Chairman of the NIGC 

concerning a Key Employee or a Primary Management Official who is the subject of a report. Such 

a request shall suspend the thirty (30) day period under paragraph (e) of this section until the 

Chairman of the NIGG receives the additional information. 

[25 C.F.R. § 558.4(b)l 

(g) If, within the thirty (30) day period described under paragraph (e) of this section, the NIGG provides 

the Nation with a Statement itemizing objections to the issuance of a license to a Key Employee or 

to a Primary Management Official for whom the TRA has provided an application and investigative 

report to the NIGG, the Nation shall reconsider the application, taking into account the objections 

itemized by the NIGG. The Nation shall make the final decision whether to issue a License to such 

applicant. 

(Law & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 1014, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1015. Gaming Employee License Suspension and Revocation. 

(a) If, after a License is issued to a Gaming Employee, the TRA receives notice from the NIGC or 

information from DPS that the Gaming Employee is not eligible for employment, the TRA shall do 

the following: 

(1) Immediately suspend the License; 

(2) Provide the Licensee with written notice of the suspension and proposed revocation; and 

(3) Provide the Licensee with notice of a time and place for a hearing on the proposed revocation 

of the License. 

[25 C.F.R § 558.4(a-c)] 

{b) ·After a revocation hearing, the TRA shall decide whether to revoke or to reinstate the License at 

issue. 

[25 C.FR § 558.4(e)] 

(c) The TRA shall notify the NIGG of its decision to revoke or reinstate a license within forty-five (45) 

days of receiving notification from the NIGG that a Primary Management Official or Key Employee 

is not eligible for employment 

[25 CFR § 558.4(e)](J..,aw & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-

25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 1017, adopted 12-12-2006, eff. 12-12-

2006) 

Sec. 1016. - Identification Cards. 

Upon the issuance of a Gaming Employee License to a Person described in this Section, the TRA shall 

provide such Person with an identification card. The Gaming Facility Operator shall require all such Persons 

to wear in plain view such identification card which shall include a photograph of the Person, the first and 

last name of the Person, and an identification number unique to the individual Gamfng Employee License . 

. The identification card shall also include the seal of signature of the Nation and an expiration date. The 

actual issuance of a physical badge or identification card may be delegated by the Executive Director to 

the Security Department of the Gaming Facility, which shall notify the TRA of all cards and badges issued 

under this authority, including changes and additions or modifications thereto. 

Division 4 - Vendor Licensure 

Page 30 of 41 
Sec. 1017. Vendor licenses 

(a) Requirement of License. Each Manufacturer and each Distributor of Gaming Devices, supplier of 

Gaming Services shall be licensed by the TRA before selling or leasing any Gaming Devices or 

Gaming SeNices to the Gaming Facility Operator. Jn addition, any Person extending or guarantying 

financing for a Gaming Operation or Gaming Facility shall be licensed by the TRA, unless the 

Person is an agency of the United States or a rending institution licensed and regulated by the State 

or the United States or other financial entities not required to be licensed under the Compact. 

(b) Standards of Suitability for Corporations, Partnerships, and other Entities. In addition to the 

Standards of Suitability found in Section 1001 of this Ordinance, the TRA shall not issue a Vendor 

License under this Chapter to any corporation, partnership, or other entity unless the TRA is 

satisfied that the entity: 

(1) Is in sound financial condition, as shown {at a minimum) by a financial statement certified by 

the entity's chief executive officer (or equivalent) to be a fair presentation in all material respects 

of the financial position and results of operations of the entity; 

(2) Has established a reputation for financial integrity and sound business practices, or, if the entity 

was recently formed, that all Perso"ns having a role in its formation, including its Principals, are 

qualified to be licensed individually under the tenms of this Chapter; and 

(3) Is in all other respects reliable and trustworthy, and whose involvement in Gaming Activities 

within the Nation will be in the best interests of the Nation as set forth in this Ordinance. 

(c) The TRA shall not issue a Vendor License under this Chapter to any corporation, partnership, or 

other entity unless the entity agrees to give the TRA notice within thirty {30) days of any change in 

its Principals, of any change in the location of its office(s), and of any material change in the 

information disclosed in its application for its License. 

(d) Each License issued by the TRA for Manufacturers and Distributors of Gaming Devices, and 

Persons providing Gaming SeNices, shall be effective for two (2) years from the date of issuance 

and may be renewed for subsequent two (2) year periods upon the timely submission of a 

completed application on the forms specified by the TRA. No Licensee shall have any vested right 

to renewal of any License issued under this Ordinance. 

(Law & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 1 O] 8, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1018 - Waiver 

(a) For a Class A Vendor, the TRA and the SGA may waive the requirement for a License if they 

mutually agree that licensing the Vendor is not necessary to protect the public interest. 

(b) For a Class B Vendor, the TRA may issue a waiver, without permission from the SGA, to an 

applicant after receiving a completed License application, unless there are grounds sufficient to 

disqualify the applicant on the face of the application. 

Sec. 1019. - Submission of a Class A Vendor license Application. 

In order to obtain a Vendor License, a Class A Vendor must complete a Vendor application and submit 

to background checks of itself ani;t its principals. Principals of a business include its officers, directors, 

management, owners, partners, non-institutional stockholders that either own ten (10} percent or more of 

the stock or are the ten (10) largest stockholders, and the on-site supeNisor or manager under the 

agreement with the Nation, if applicable. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

1019, adopted 12-~2-2006, eff. 12-12-2006) 

Sec. 1020. - Contents of the Vendor License Application. 

(a) -Applications for Vendor Licenses must include the following: 

Page 31 of 41 
(1) Name of business, business address, business phone, federal tax ID number (or SSN if a sole 

proprietorship), main office address (if different from business address), any other names used 

by the applicant in business, and type of service(s} applicant will provide; 

(2) Whether the applicant is a partnership, corporation, limited liability company, sole 

proprietorship, or other entity; 

{3) If the applicant is a corporation, the state of incorporation, and the qualification to do business 

in the State of Arizona, if the gaming operation is in a different State than the State of 

incorporation; _ 

(4) Trade· name, other names ever used, names of any wholly owned subsidiaries or other 

businesses owned by the Vendor or its principals; 

(5) General description of the business and its activities; 

(6) Whether the applicant will be investing in, or loaning money to, the gaming operation, and if 

so, how much; 

(7) A description of any existing and previous business relationships with the gaming industry 

generally, including ownership interests in those businesses; 

(8) A list of Indian Nations with which the Vendor has an existing or previous business relationship, 

including ownership, financial, or management interests in non-gaming activities; 

(9) Names, addresses, and phone numbers of three (3) business references with whom the 

company had regularly done business for the last five (5) years; 

(10)The name and address of any licensing or regulatory agency with ,which the business has filed 

an application for a license or permit related to gaming, whether or not such license or permit 

was granted; 

(11 )If the business has ever had a license revoked for any reason, the circumstances involved; 

{12)A fist of lawsuits to which the business has been a defendant, including the name and address 

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

(13)List the business' funding sources and any liabilities of fifty thousand dollars ($50,000.00) or 

more; 

(14)A list of the principals of the business, their social security numbers, addresses and telephone 

numbers, titles, and percentage of ownership in the company; and 

(15)Any further information the Nation deems relevant. 

(b) The following notice shall be placed on the application form for a Vendor and its principals: 

Inclusion of false or misleading infonnation in the Vendor application may be grounds for denial or 

revocation of the Nation's Vendor License. · 

(c) A Vendor may submit to the TRA a copy of a recent license application to another jurisdiction if it 

contains the information listed above. The Vendor will be required to submit, in writing, any changes 

in the information since the other license application was filed, and any information requested by 

the Nation not contained in the other application. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

1020, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1021. - Vendor Background Investigation. 

The TRA shall employ or otherwise engage an investigator 1o complete an investigation of the gaming 

Vendor. This investigation shall contain, at a minimum, the following steps: 

(a) Verify the Vendor's business incorporation status and qualification to do business in the State 

where the gaming operation is located; 

Page 32 of4l 
(b) Obtain a business credit report, if available, and conduct a Better Business Bureau check on the 

Vendor; 

(c) Conduct a check of the Vendor's business credit history; 

(d) Call and question each of the references listed in the Vendor application; and 

(e) Conduct an investigation of the principals of the Vendor's business, including a criminal history 

check, a credit report, and interviews with the personal references listed. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

1021, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1022. Vendor Background Investigation Report. 

The investigator shall complete an investigative report covering each of the steps taken in the 

background investigation of the Vendor and its principals, and present it to the TRA. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

1023, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1023. -Vendors Licensed by Recognized Regulatory Authorities. 

The TRA may adopt regulations, or adopt those from the SGA, naming specffic licensing authorities 

that it recognizes ano may authorize exei:nptions to the Vendor licensing process for Vendors who have 

received a license from one of the named regulatory authorities. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

1024, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1024. - Licenses for Class B Vendors. 

For Class B Vendors, the TRA is authorized to create a less stringent Vendor licensing process, 

including a due diligence check rather than a full background investigation as laid out in Section 1022. The 

TRA may investigate such Vendors when appropriate and may conduct audits in addition to monitoring 

Tribal pl,lfchases. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

1025, adopted 12-12-2006, eff. 12-12-2006) 

Division 5 - Management Contractor Licensure 

Sec. 1025. - Management Contractor License. 

(a) License to a Management Contractor. The TRA shall not issue a License to a Management 

Contractor under this Chapter to a corporation, partnership, or other entity unless it is satisfied that 

the entity: 

(1) Is organized and in good standing under the laws of the jurisdiction where it was established, 

and is qualified to do business within the nation and the State of Arizona; 

(2) Is in sound financial condition, as shown by a financial statement certified by a certified public 

accountant to be a fair presentation in all material respects of the financial position and results 

of operations and cash flows of the entity in conformity with generally accepted accounting 

principles; 

(3) Is not now and has not been in the past five (5) years the subject of any criminal investigation 

by any federal or state law enforcement authority, as shown by an affidavit of Principals of the 

entity having personal knowledge thereof; 

(4) Has established a reputation for financial integrity and sound business practices, or, if the 

entity was recently formed, that all Persons having any role in its fonnation, including Persons 

Page 33 of41 
supplying, financing, are Persons qualified to be licensed individunl!y under the terms of this 

Chapter; and 

(5) In all other respects will be reliable and trustworthy, and whose involvement in Gaming 

Activities within the Nation will be in the best interests of the Nation. 

(b) The TRA shall not issue a License to a Management Contractor under this Chapter to any 

corporation, partnership, or other entity unless the entity: 

( 1) Agrees to maintain an office within the Nation as a condition of maintaining its license; and 

(2) Agrees to give the Gaming Office notice within ten (10) days of any change in its Principals, of 

any change in the location of its office(s), and of any material change in the information 

disclosed in its application for its License. 

(c) Each License issued by the TRA to Management Contractors shall be effective for one (1) year 

from the date of issuance and may be renewed for subsequent one (1) year periods upon the timely 

submission of a completed application on the foirns specified by the TRA. No Licensee shall have 

any vested right to renewal of any License issued under this Ordinance. 

·Division 6-Finance licensure 

Sec. 1026. -license for Person Providing Financing. 

A Person who extends financing shall apply for a Ucen_se from the TRA, unless the Person is an agency 

of the United States, a lending institution licensed and regulated by the State or the United States, or is 

otherwise exempt from licensing under the Compact. The License shall be effective for one (1) year and 

may be r~newed for subsequent one (1) year periods. 

(Law & Order Code 2006, § 2f-ll; Ft. McD. Res. No. 2006-41, adopted 4-25-2006,.eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 1015, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 11. GAMING OPERATION 

Sec. 1101. - Scope of Permissible Gaming. 

The Gaming Facility Operator may conduct only those Gaming Activities which may lawfully be carried 

on by the Nation under applicable provisions of federal law including, but not limited to, the Act, subject to 

any limitations which may be imposed by the Compact and this Ordinance. 

(Law & Order Code 2006, § 21-4; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; 

Ft. McD. Res. No. 2006-97, § 1101, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1102. - Employee and Player Age Limit. 

Individuals under twenty-one (21) years of age shall not play or place any wager, directly or indirectly, 

in any Gaming Activities. The Gaming Facility Operator shall take reasonable steps to prevent underage 

individuals from playing or placing wagers in Gaming Activities. The Gaming Facility Operator shall not 

employ any individual under eighteen (18) years of age. The TRA shall not employ any individual under the 

age of twenty-one (21). The Gaming Facility Operator shal I not perm it any individual under twenty-one (21) 

years of age to serve alcoholic beverages at any Gaming Facility, unless otherwise permitted under State 

law. The TRA may by regulation establish measures by which the Gaming Facility Operator shall enforce 

the provisions of this section. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

1102, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1103. Management; security; self-excluded and banned patrons. 

(a) The Gaming Facility Operator shall have the responsibility for the on-site operation, management 

and security of the Gaming Facility, and shall comply with all requirements of this Ordinance, the 

Compact and the Act. The Gaming Facility Operator shall adopt reasonable procedures, consistent 

Page 34 of41 
with this Ordinance, the Compact and the :'\ct, designed to provide for the following; the physical 

safety of its employees; the physical safety of patrons in each Gaming Facility; the physical 

safeguarding of, and accountability for, assets transported to and from each Gaming Facility and 

each cashier's cage department; and the protection of the patrons' and the Gaming Faciiity 

Operator's property from illegal activity. · 

(b) The Gaming Facility Operator shall adopt reasonable procedures, consistent with Section 3(v}(2) 

of the Compact, to advise individuals who inquire about the self-exclusion procedures established 

by the State .. The Gaming Facility Operator shall, consistent with Section 3(v)(2) of the Compact: 

remove all self-excluded persons from all mailing lists and revoke any slot or player's cards; take 

reasonable steps to ensure that cage personnel check a person's identification against the Arizona 

Department of Gaming's list of self-excluded persons before allowing the person to cash a check 

or complete a credit card cash advance transaction; take reasonable steps to identify self-excluded 

persons who may be in a Gaming Facility and, once identified, promptly escort the self-excluded 

person from the Gaming Facility; and not pay any hand~paid jackpot to a person who is on the 

Tribal or State self-exclusion list. Any jackpot won by a person on the self-exclusion list shall be 

donated by the Gaming Facility Operator 1o an Arizona-based non-profit charitable organization. 

(c) The Gaming Facility Operator or TRA may temporarily or permanently ban individuals from the 

Nation's Gaming Facilities and the surrounding premises controlled by the Gaming Facility 

Operator for such reasons as the Gaming Facility Operator shall determine appropriate. If the 

Gaming Facility Operator requests that an individual leave a Gaming Facility or the surrounding 

premises for any reason and the individual refuses to do so, the Gaming Facility Operator shall 

request the Police Department to remove the individual. 

(d) If an individual appeals a ban or exclusion from the Gaming Facilities, the appeal shall be sent to 

the TRA via certified mail, and cannot be hand-delivered by the banned individual. 

{e) The TRA shall provide a list of individuals who have been banned from the Gaming Facilities, due 

to their criminal history or association, to the SGA on a monthly basis, including the reason for the 

ban, the banned patron's photograph, and driver's license to the extent that the TRA has such 

infomiation. 

(f) The Gaming Facility Operator shall designate an agent for service of any official determination, 

order or notice of the Commission. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

1103, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1104. - Play by Employees. 

No Primaiy Management Official, the Casino General Manager, Chief Business Officer, Chief Financial 

Officer, Accounting Manager, Casino Manager, Revenue Supervisor, Slot Director, Slot Manager, Slot 

Technicians, Cage Manager, Internal Control Analyst, IT Staff, Revenue Audit Staff; member of the board 

of directors of the Gaming Facility Operator or Management Contractor; and no employee of the TRA or 

Tribal Gaming Commissioners, shall play or place any wager, directly or indirectly, in any Gaming Activities. 

The Gaming Facility Operator shall take reasonable steps to prevent such individuals from playing or 

placing wagers in Gaming .Activities. 

(Ft. McD. Res. No. 2006-Al, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No_ 2006-97, § 

1104, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1105. - Financial Services at Gaming Facilities. 

The Gaming Facility Operator is prohibited from: 

(a) Locating an automatic teller machine {"ATM") adjacent to, or in close proximity to, any Gaming 

Device; 

(b) Locating in a Gaming Facility an ATM that accepts electronic benefit transfer cards issued pursuant 

to a state or federal program that is intended to provide for needy families or individuals; 

Page 35 of 41 
(c) Accepting chei::ks or other non-cash items issued pursuant to a state or federal program that is 

intended to provide for needy families or individuals; and 

(d) Extending credit to any patron of a Gaming Facility for Gaming Activities, but the Gaming Facility 

Operator shall be allowed to offer Patron credit to the extent permitted in a subsequent amended 

Compact between the Nation and the State of Arizona. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

ll 05, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1106. -Advertising Guidelines. 

In accordance with the requirements of Section 3(x)(3) of the Compact, the Gaming Facility Operator 

shall adopt and shall comply with guidelines for the advertising and marketing of Gaming Activities that are 

no less stringent than those contained in the American Gaming Association's general advertising 

guidelines. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

1106, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 12. PROHIBITED ACTS; VIOLATIONS AND REMEDIES 

Sec. 1201. - Violations. 

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

(a) Conduct or operate any Gaming Activities within the Nation except as provided in this Ordinance; 

(b) Receive, distribute, apply or direct any property, funds, proceeds or other asset of any Gaming 

Activities to the benefit of any individual or other Person except as authorized by this Ordinance or 

by any duly enacted Resolution of the Tribal Council; 

(c) Tamper with any equipment used in the conduct of Gaming Activities with the intent to cause any 

Person to win or lose any wager other than in accordance with the publicly announced rules of such 

Gaming Activities; · 

(d) Do any other act in connection with the conduct of any Gaming Activities with the intent to affect 

the outcome of any wager other than in accordance with the publicly announced rules of such 

Gaming Activities; 

(e) Alter or misrepresent the outcome or other event on which wagers have been made after the 

outcome is made sure but before it is revealed to the players; 

(f) Place, increase or decrease 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 detem,ining the course of play contingent upon that 

event or outcome; 

(g) Claim, collect or take, or attempt to claim, collect, or take, money or anything of value in or from a 

Gaming Device, with intent to defraud, without having made a wager thereon, or to claim, collect, 

or take an amount greater than the amount won; 

(h) Place or increase a bet after acquiring knowledge of the outcome of the game or other event which 

is the subject of the bet, including pinching and capping bets; 

(i) Reduce the amount wagered or cancel the bet after acquiring knowledge of the outcome of the 

game or other event which is the subject of the bet including pinching bets: 

U) Manipulate, with the intent to cheat, any component of an Electronic Game of Change or Gaming 

Device in a manner contrary to the designed and normal operational purpose for the component, 

including, but not limited to manipulating a Gaming Device, with knowledge that the manipulation 

Page 36 of41 
affects the outcome of the game or with knowledge of any event that affects the outcome of the 

game; 

(k) Trespass on the Gaming Facility while currently excluded or banned, regardless of whether the 

person is self-excluded: 

(I) 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) 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 the Compact or this Ordinance, with the intent that the 

other person play or participate in that gaming; 

(o) Steal. embezzle, misappropriate, filch. pilfer, or take property or assets in any form belonging to 

the Gaming Facility, its employees, patrons, or the Nation, by any means of robbery, theft, fraud, 

cheating, or collusion; · 

(p) To conduct Gaming Activities within the Nation without complying with the terms and conditions of 

the Ordinance, the Compact, or the Act; 

(q) Pose a threat to a Gaming Employee or Patron via verbal threat. physical intimidation or harm, or 

any action taken with the intent to terrify or reckless disregard of the risk of terrifying; 

(r} To intentionally misrepresent a material fact to the TRA or intentionally falsify any business records 

of the Gaming Facility Operator or report required by this Ordinance, the Compact or the Act; and 

(s) To fail to comply with any other provision of this Ordinance. 

(Law & Order Code 2006, § 21-13; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, § 1201, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1202. - Notice of Violation. 

{a) The TRA shall hand-deliver or send certified mail the notice of violation to the Person the TRA is 

charging with a violation of this Ordinance, the Compact or the Act. If certified mail is returned 

unsigned then the notice of violation shall be sent via regular mail, and it shall be deemed received 

three (3) days after mailing. 

The TRA shall also deliver a copy of each notice of violation relating to a Gaming Facility (including 

any violation alleged to have been committed by an employee, Vendor, or patron) to the Gaming 

Facility Operator, with any redactions necessary to avoid disclosure of any information which the 

TRA is obligated to keep confidential under any applicable privacy Jaws, including Section 505(43) 

and Section 513 of this Ordinance. 

(b) A notice of violation shall contain: 

(1) A citation to this Ordinance, the Compact, Tribal law, or applicable State or Federal law that 

has been or is being violated; 

(2) A description of the circumstances surrounding the violation, set forth in common and concise 

language; 

(3) Notice of any action that the TRA proposes must be taken to correct the violation, if the TRA 

detennines that the violation is capable of being corrected; 

(4) Notice of the time frame within which any action to correct the violation must be taken, unless 

the TRA determines that the violation is incapable of being corrected; 

(5) Notice of any license suspension, revocation, or civil fine or other enforcement action that the 

TRA proposes to impose a result of the violation; 

Page 37 of41 
(6) Notice that a written response to the notice of violation must be submitted to, and received by, 

the TRA within ten (10) days of the receipt of the notice of violation; and 

(7) Notice that, if no written response to the notice of-violation is submitted to the TRA within the 

time prescribed in Section 1202(b)(6), the TRA may issue its final decision regarding the 

violation alleged in the notice, and revoke or suspend one's License, and/or impose a civil fine 

or take the enforcement action set forth in the notice without hearing from the Person to whom 

the notice was issued or from the Gaming Facility Operator. 

(c) The Person(s) to whom a notice of violation is issued and the Gaming Facility Operator each may 

submit a written response to the TRA together with any additional written information the TRA 

should consider. A Person desiring to submit a written response and any supporting documentation 

must do so within ten (10) days after receiving notice of the alleged violation. The TRA shall issue 

a written decision within ten (10) days after receiving an written responses or, if no party submits a 

written response in a timely manner, within ten (10) days after the deadline for the submission of 

written responses. The written decision shall constitute final action of the TRA with respect to any 

notice of violation. Except as provided in Section 1202(d), the TRA shall take no action to enforce 

a notice of violation until it issues its written decision. 

(d) Jf the TRA determines that this Ordinance, the Compact, Tribal law, or applicable Federal or State 

law have been. violated and the continued licensing of, or conduct by, a Person constitutes an 

immediate and substantial threat to: the public health, safety or welfare; the integrity of Gaming 

Activities; the integrity of the Gaming Facility Operator; the Gaming Facility Operator's ability to 

account for and protect its assets; or to the security of gaming proceeds, the TRA may: 

(1) Summarily suspend any license issued under this Ordinance; 

(2} Summarily eject any Person who has violated this Section from the Gaming Facility or the 

surrounding premises controlled by the Gaming Facility Operator; 

(3) Summarily seize the proceeds of any Gaming Activities not conducted by the Gaming Facility 

Operator; 

(4} Summarily seize, remove, or impound any equipment. supplies, business records, books of 

account, or any and all other financial records or documents pertaining to the business 

operations of a Gaming Facility (regardless of where those records or documents may be 

located). If the TRA seizes, removes, or impounds any business records, books of account, or 

other financial records or documents of the Gaming Facility Operator, it shall provide the 

Gaming Facility Operator with a copy of any such items upon receiving a written request for 

copies from the Gaming Facility Operator; Of 

(5) Upon consultation with General Counsel, initiate in a civil action or criminal complaint in the 

Nation's Tribal Court to enforce this Ordinance, the Compact, or the Act, which action may 

include a request for an order permitting the TRA to seize a Gaming Facility or to seize tl)e 

proceeds from Gaming Activities. 

(Law & Order Code 2006, § 21-11; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25~ 

2006; Ft. McD. Res. No. 2006-97, § 1202, adopted 12-12-2006, eff. 12-12-2006) 

Sec. 1203. - Gaming Commission Review for Licensees 

(a) Any Licensee who has been issued a notice of violation by the Executive Director of the TRA in 

compliance with the provisions of Section 1202(c) of this Chapter has the right to request, in writing, 

a review of the decision regarding their alleged violation, 

(b} The Commission shall conduct all hearings under this section. A Licensee can appeal any written 

decisions from the Executive Director of the TRA regarding alleged violations that lead to a 

conditioning, suspension, or revocation of a License. 

(c) To apply for review by the Commission the Gaming Facility Operator or the Licensee desiring to 

appeal a final decision of the TRA must file an application for Commission review within fifteen (15) 

Page 38 of 41 
business days after receiving notice from the TRA of its final decision. An application for review is 

a letter detailing the allegation and reasons that the TRA's written decision was erroneous. 

( d) The Commission shall grant the appeal within thirty (30) calendar days of receipt of the application 

for review, or at the next Commission meeting with a quorum. 

(e} The appellant shall have the following rights at a hearing before the Commission: 

(1) An opportunity to appear before the Commission, and present oral, written, and documentary 

evidence relevant to the charged violation. 

(2) Bring counsel, at their own expense, if the review involves the suspension or revocation of a 

License. However, appellant shall not be entitled to the recovery of attorney's fees, regardless 

of the result. 

(f) The Commission shall decide al I relevant questions of facts presented, and determine whether the 

basis for the action of the TRA is in accordance with this Ordinance, the Compact, Tribal law, and 

applicable Federal and State laws. The Commission's decision shall include detailed findings of 

facts, the basis for its decisions, and the decision. 

(g) The Nation's Gaming Commission shall uphold the action of the TRA unless it determines thatthe 

TRA's action was: 

(1) 'Arbitrary, capricious, an abuse of discretion; 

(2} Without observance of procedure required by this Ordinance; or 

(3) Unsupported by a preponderance of evidence. 

(h) All decisions of the Commission are final and are not subject to further appeal or review. 

(i) The Commission may request the presence, advice, and representation of General Counsel before 

and during the hearing process. 

Sec. 1204. - Civil Penalties. 

Any Person who violates any provision of this Ordinance, the Compact, or the Act is subject to civil 

penalties, including exclusion from any Gaming Facility, exclusion from the Nation if the Person is a not an 

enrolled member of the Nation, according fo the Nation's Exclusion Ordinance or a civil fine of not more 

than ten thousand dollars ($10,000.00) for each such violation. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

1204, adopted 12-12-2006, e:ff. 12-12-2006) 

Sec. 1205. - Civil Remedies. 

The TRA may in the name of the Nation bring any civil action in the courts of the Nation to enforce the 

provisions of this Ordinance, the Compact, Tribal law, or applicable Federal or State laws, or to enjoin or 

otherwise prevent any violation occurring within the territorial jurisdiction of the Nation. 

(Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; Ft. McD. Res. No. 2006-97, § 

1205, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 13. TRANSITION PROVISIONS 

Sec. 1301. - Existing Games Lawful. 

Subject to the provisions of the Compact and notwithstanding any other provision of this Ordinance, 

any Gaming Facilities otherwise legally situated within the Nation, and Gaming Activities carried on at such 

facilities as of the date on which this Ordinance becomes effective shall be lawful. 

(Law & Order Code 2006, § 21-4; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; 

Ft. McD. Res. No. 2006-97, § 1301, adopted 12-12-2006, eff. 12-12-2006) 

Page 39 of41 
Sec. 1302. - Adoption of Compact. 

The Compact is hereby incorporated within and enacted as an integral part of this Ordinance with 

respect to all forms of Class Ill Gaming, and the Compact, including the Appendices the"reto, is incorporated 

and made a part of this Ordinance as if set forth in full herein: provided, however, that nothing, except as 

specifically stated in the Compact, herein sliall be deemed to affect the operation by the Nation of any Class 

II Gaming, whether conducted within or without the Gaming Facilities, or to confer upon the State any 

jurisdiction over such Class II Gaming conducted by the Nation on its Indian Lands. In the event of a 

subsequently approved Compact- with the State, the Ordinance shall be interpreted in line with the 

requirements of the Compact. 

(L~".V & Order Code 2006, § 21-3; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff 4-25-2006; 

Ft. McD. Res. No. 2006-97, § l302)Jdopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 14. AGENT .FOR SERVICE OF PROCESS 

The Nation hereby designates the following persons as agen1s for service of any official determination, 

order or notice of violation. 

· a.. President 

Fort McDowell Yavapai Nation Tribal Council 

17661 E. Yavapai Road · 

Fort McDowell, AZ 85264 

b. . Executive Director . 

Fort McDowell Tribal Gaming Regulatory Agency 

10424 N. Fort McQowell Road. 

Fort McDowell, AZ. 85264 

c. .General Counsel 

Fort McDowell Yavapai Nation 

17721 E. Yavapai Road 

Fort McDowell, AZ. 85264 

[25 CF.R, §§ 519.1, 522.2(g), 522.6(a)J 

(Law & Order Code.2006, § 21-18; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. _McD. Res. No. 2006-97, ch. 14, adopted 12-12-2006, cff. 12-12-2006) 

CHAPTER 15. COMPLIAN<:;EWITH FEDERAL LAW-. 

The Nation will comply with all applicable federal law, including the Bank Secrecy Act, 31 U.S.C. § 5311 

~~ ' 

(Law & Order Code 2006, § 21-5; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-2006; 

Ft. McD.-Res. No. 2006-97, ch 1~, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 16. REPEAL 

Upon enactment of this Ordinance, any other Ordinances or Resolutions of the Nation which are 

incom,,istent with this Ordinance, are hereby repealed. 

(Law & Order Code 2006, § 21-20; Ft. McD. Res. No. 2006-41, adopted 4-25-2006; eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, ch.16, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 17. SOVEREIGN IMMUNITY 

Page 40 of41 
No provision of this Ordinan~e or of the Compact shall be deemed to waive the sovereign immunity of 

the Nation, the Tribal Council or its members, the Tribal Gaming Commission or its members, the TRA or 

its members, or any entity owned or operated by the Nation in connection with its Gaming Activities. 

(Law & Order Code 2006, § 21-16; Ft. McD. Res. No. 2006--41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, ch. 17, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 18. AMENDMENTS· 

The terms of this Ordinance shall remain in effect until amended, modified, or repealed. Any 

amendments to this Ordinance shall be in writing and subject to the approval of the Tribal Council. The 

Ordinance may be amended by any duly enacted Resolution Qfthe Tribal. Council. The Tribal Council shall 

consult with the TRA prior to amending this Ordinance. 

(Law & Order Code 2006, § 21-19; Ft. McD. Res. No. 2006-41, adopted 4-25-2006, eff. 4-25-

2006; Ft. McD. Res. No. 2006-97, ch. 18, adopted 12-12-2006, eff. 12-12-2006) 

CHAPTER 19. EFFECTIVE DATE 

This ordinance shall take effect immediately upon its approval by the NIGC Chair. 

CERTIFICATION 

The foregoing Fort McDowell Yavapai Nation Gaming Ordinance was duly adopted at a 

Special Co~il meeting of the Fort McDowell Yavapai Nation Tribal Council held on this /kday of I-" t,1? YU,~O W, at which _Q__ members were present corutituting the required 

quorum, 1/ absent, by vote of '1,,,- for, _I_ opposed, __f!_ abstained. 

Attest: 

~~ President Secretary 

Page 41 of41