February 12,2009 

Viu Facsimile and US. Mail 

Richard W. Hughes, Esq. 

Rothstein, DonateIIi, Hughes, Dahlstron, 

Schoenburg & Bienvenu, LLP 

121 5 Paseo De Peralta 

P.O. Box 81 80 

Santa Fe, NM 87504-81 80 

Fax: (505) 982-0307 

RE: Picusis Pueblo Gaming Code 

Dear Mr. Hughes: 

This letter responds to your request to the National Indian Gaming Commission (NIGC) to 

review and approve the PuebIo of Picuris Gaming Code (Ordinance). The Ordinance was adopted 

by Tribal Council Resolution No. 08-22 on November 10,2008, and submitted to the NJGC on 

November 26,2008. The Ordinance was amended by Tribal Council Resolution No. 05-09 on 

February 9,2009. 

The Ordinance, as amended, meets the requirements of the Indian Gaming Regulatory Act 

(IGM), 25 U.S.C. $5 2701,2721, and NIGC regulations and it is therefore approved. This letter 

constitutes approval of the Picuris Gaming Code, enacted in Tribal Council Resolution No. 08-22, 

on November 10,2008, as amended by TribaI Council Resolution No. 05-09 on February 9,2009. 

It is important to note, however, that approval is granted for gaming only on Indian Eands, as 

defined in the IGRA, over whiclr the Pueblo has jurisdiction. 

-__-- 

ubmitting the Ordinance for my review and approval. The NCC staff and I 

with you and the Pueblo on future gaming issues. If you have any 

questions or requid assistance,,please do not hesitate to contact Esther Dittler, Staff Attorney, at 

' philip N. Hogen 

Chairman 

GC: Richard Mermejo, Governor 

NATIONAL HEAwQuAAERS 1441 L5t NW, Su~tc 91M, Wz<hrng!on, Dt 20005 TPI 702 631 JOOy Fax 201 632 7n65 WWWqNtGC.tOV 

REGIONAL OFFICES Pofllaqd, OR. Sacrarncnto, CA, Phoen~x. AT, St Paul. h?N Tulsa, OY 
From: 

The Office Of The 

Picuris Pueblo Governor 

Picuris Pueblo 

PO. Box 127 

Peiiasco. New Mexico 

87553 

(505) 587-2 51 9 

FAX (505) 587-1 071 

ADOPTING THE PUEBLO OF PICURIS GAMING CODE 

AND 

REPEALING THE GAmG CODE ADOPTED RY 

TRIBAL COUNCIL RESOLUTION 08-03 

WHEREAS, the Pueblo of Picuris is a federally recognized hdian tribe, situated in Taos 

County, New Mexico; and 

WHEREAS, the Pueblo exercises its inherent powers of self-government through its 

Tribal Council; and 

WHEREAS, the Pueblo has entered into the 2001 form class m gaming compact with 

the State of New Mexico, and the 2007 amendments thereto, and those have been approved by 

the Secretary of the Interior and are in effect; and 

WHEFWAS, it is the intention of the PuebIo to construct a small gaming facility and 

comrrience class III gaming operations on tribal lands, in compliance with the probisions of the 

hdian Gaming Regulatory Act ("'IGW); and 

WHEREAS, it is necessary that the Pueblo adopt a gaming code, and obtain the approval 

of that code by the chairman of the National Indian Gaming Commission, as required by IGU; 

and 

WHEREAS, the Pueblo adopted the Pueblo of Picuris Gaming Code on May 14,2008, 

by Picuris Tribat Council Resolution No. 08-08, and submitted the code to the National Indian 

Gaming Commission for approval, but withdrew the code because it omitted information 

required by the National Indian Gaming Commission; and 

WHEREAS, the attached Pueblo of Picuris Gaming Code has been prepared and has 

been carefully reviewed and considered by the Tribal Council, and the Tribal Council is of the 

view that this proposed code est~blishes a satisfactory legal basis for the conduct of class TI1 

gaming on Picuris lands, consistent with IGM and with the terms of the form of gaming 

compact approved by the New Mexico Iegislature; 
NOW, THEREFORE BE IT RESOLVED, by the Tribal Council of the Pueblo of 

Picuris, as follows: 

I. The Pucblo of Picuris Gaming Code adopted by Tribal Council Resolution 08-08 

is hereby rescinded, repealed, and revoked. 

2. The Pueblo of Picuris Gaming Code, in the form attached hereto, be and the same 

is hereby adopted as the law of the Pueblo, effective upon its approval by the chairman of the 

National Indian Gaming Commission. 

3. The Pueblo's special counsel is authorized and directed to submit this Resolutioi~ 

with a true copy of the Pueblo of Picuris Gaming Cade to the National Indian Gaming 

Colnrnission forthwith, for approval in accordance with the requirements of the Indian Gaming 

Regulatory Acf. 

The Council of the Picuris Pueblo Tribe enacted upon the foregoing resolution on the +& day of 

for, and 0 apposed, 8 abstaining, and / being 

ich a quorum of the Picwis Tribal Council was present. 

~@l ~rchbleta, znd War Chief 

/' 

'---/Jacob Simon Cade, 31~ War Chief 

ATTEST: 

Harlan Mermejo, 2"d Fiscal 
I.. ,.':rdrys rJ,Ljc$l 

,7. c.. j :; 5 

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7 : :.? . . +.._ .., 15::5) 52?.2513 

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PUEBLO OF PICUTUS GAMING CODE 

SECTION I. DEFINITIONS. For purposes of this Code, the following terms sha1I have 

the fallowing meanings: 

A. "Act" means the Indian Gaming Regulatory Act, 25 U. S . C . 5 270 1-272 1. 

B. "'Class ]I gamingn means Class I gaming as defined in the Act. 

C. "Class Il gamingn means CIass II gaming as defined in the Act. 

D. "Class lII gaming" means Class lTI gaming as defined in the Act, 

E. "Code" means this Pueblo of Picuris Gaming Code. 

F. "Commission" means the National Indian Gaming Commission established under 

the Act. 

G. "Compact" means any Tribal-State Gaming Compact between the Pueblo and the 

State governing Class III gaming that has been approved by the Secretary of the Interior and is 

in effect. 

H. "Council" means the Pueblo's TribaI Council, the governing body of the Pueblo 

of Picuris. 

I. "Gaming" means an activity in which, upon payment of consideration, a player 

may win a prize or other thing of value, the award of which is determined to some extent by 

chance even though it may dso involve some skill. 

J. " Wng Devicen means my object, device, equipment or mechanical, 

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

in connection with Gaming. 

K. "Gaming Employee " means any natural person empIoyed by a Gaming Enterprise 

or Management Contractor in any position that involves such person in any gaming activity or in 

handling or accounting for any goods or materials utiIized in any gaming activity, or any proceeds 

of any gaming activity, incIuding, but not limited to, the following: 

1. any person who perfms any function directly related to Gaming Devices, 

gaming suppries or gaming activities; 

2. any person whose duties require such person to be regularly present in the area 

where gaming activities take place during operating hours; 
3. any person who handles or accounts for cash utilized in gaming activities; 

4. any person involved in security or surveillance activities involving gaming 

activities; and 

5. any person who supentisw any of the foregoing persons. 

L. "Gaming Enterprise" means a corporation or other entity wholly owned by the 

Pueblo that operates gaming activities on Pueblo Lands, either directly or through a Management 

Contractor. 

M. "Gaming Facility" means a building in which Gaming is conducted on Pueblo 

Lands by a Gaming Enterprise. 

N. "Gaming Services" mem the provision or sale of any goods, services or 

concessions by contract with the Pueblo, a Gaming Enterprise, or a Management Contractor, 

which goods or services are utilized in the operation of gaming, except for professional, legal or 

accounting services. 

0. '"vernor" means the Governor of the Pueblo of Picuris. 

P. "Key Employee" means: 

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

Bingo caller; 

Counting mom supervisor; 

Chief of searitu; 

Custodian of gaming supplies or cash; 

Floor manager; 

Pit boss; 

Dealer; 

Croupier; 

Appmver of credit; or 

Custodian of gambling devices including persons with access to cash 

and accounting records within such devices; 

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

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

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

gaming operation. 

Pueblo of Picuris Gaming Code - 10)28108- Page 2 
Q . "Management Contractor" means any managemart company engaged by the Pueblo 

or a Gaming Enterprise to undertake or operate Gaming activities on Pueblo lands, pursuant to 

a management contract approved by the Commission in accordance with the Act. 

R. "Net Revenues" means gross revenues of any Gaming Enterprise derived from 

Gaming, less amounts paid far prizes md operating expenses, but excluding managemem few paid 

to a Management Contractor. 

S. 'Won-Gaming Employee" means any natural person employed by a Gaming 

Enterprise or Management Contractor whose duties are solely related to strictly nan-gaming 

functions, and whose work is unrelated to Gaming Devices and does not regularly require such 

person to be in gaming areas during aperating houn, and who is not othemise a Gaming Employee 

as defmed herein. 

T. 'Terson" means any individual, partnership, wrporatioa, company or other Iegal 

entity. 

U. "PPTGC" 'means the Picuris Pueblo Tribal Gaming Commission established by this 

Code. 

V. "Primary Management Official" means: 

1. The person(s) having management responsibility for a management 

contract; 

2. Any person who has authority: 

(A) To hire and fire employees; or 

(B) To set up working policy for the gaming operation; or 

(GI The chief financial officer or ozher person who has financial 

management responsibility. 

W. "Pueblo" means the Pueblo of Picuris, a federally recogmzed Indian tribe, 

X. "Pueblo hinds" means all lands within the exterior boundaries of the PuebIo of 

Picuris and any lands title to which is either held in trust by the United States for the benefit of 

the Pueblo or a Pueblo member or held by the Pueblo or Pueblo member in fee, subject to 

restriction by the United States against alienation, and over which the Pueblo exercises 

governmental power. 

Y. "Regulations" means the regulations promulgated by the Commission under the 

Act. 

Pueblo of Picuris Gaming Code - 10128/08- Page 3 
2, "State" means the State of New Mexico, its authorized officials, agents, and 

representatives. 

AA . "Tribal Council" means the Tribal Council of the Pueblo, the Pueblo's governing 

body. 

BB. "TribJCourt"meanstbeTribaECourtoftheheb1o. 

SECTION II. PURPOSE. The purpose of this Code is to provide for the regulation of 

a11 gaming on Pueblo Lands, to protect the public interest in the integrity of all gaming, to prevent 

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

tribal economic self-sufficiency. 

SECTION 111. NATURE AND SCOPE OF GAMING ACTI;VIT~ES: 

A.' Authorized gaming activities. A Gaming Enterprise may operate on Pueblo Lands 

any and all forms of Class Il gaming and, subject to the provisions of the Compact, any and all 

forms of Class IlI gaming. 

B. Forrns of Pavment. A11 payment for wagers made in gaming conducted by the 

Gaming Enterprise shall be made by cash, chips or tokens, .or by a gaming ticket voucher issued 

by a Gaming Device at the Gaming Facility. The Gaming Enterprise shaII not extend credit. 

Chips and tokens may be purchased using cash or checks. 

C. Wa~erina limitations. Subject to any limitations contained in by the Compact, the 

PFTGC may set by regulation the maximum wager for various types of Class 111 gaming. 

D . Hours of oweration. A Gaming Enterprise may apeate its gaming activities on the 

hours and days approved by the: PPTGC, but subject to any limitations set forth in the Compact.. 

E. Prohibition on minors. No person under the age of 2 1 shall participate in any Class 

11 or Class I11 Gaming; however, persons under the age of 21 but at last 18 years of age may be 

employed by the Gaming Enterprise or by a Management Contractor in the preparation or service 

of food or non-alcoholic beverages, or in a maintenance function of the Gaming Enterprise, so 

Iong as such person would not be deemed a Gaming EmpIoyee under the provisions of this Code. 

SECTION IV. COMPLIANCE WITH THE ACT. This Code shall be constsued in a 

manner that conforms to the Act in a11 respects, and, if inconsistent with the Act in any manner, 

the provisions of the Act shaIl govern. \ 

Pueblo of Picuris Gaming Code - 10/2810& Page 4 
A. Proprietary interest, The Pueblo, either directIy or through a Gaming Enterprise, 

shall have the sole proprietary interest in and responsibility for the conduct of any gaming on 

Pueblo Lands; however, nothing in this Code shall prevent the Pueblo or a Gaming Enterprise 

from entering into a Management Contract for the operation and management of any Gaming 

activity. 

B. Use of Net Revenues. Net Revenues from gaming shall be used for the following 

purposes, and no others: 

1. to fwd tribal government operations or programs; 

2. to provide for the general wetfare of the Pueblo and its members; 

3. to promote tribal meconomic development; 

4. to donate to charitable organizations; . 

5. to help fund operations of locaI government agencies; or, 

6. any other purposes permitted by the Act; but provided that Net Revenues 

shall not be distributed to Pueblo members in the form of per capita papents except in 

compliance with a plan of alIocation meeting all of the requirements of the Act and that has been 

duly adopted by the Tribal Council and approved by the Secretary of the Interior in accordance 

with the provisions of the Act and the Regulations. 

C. Annual audit. 

1. The PWGC shall require the Gaming Enterprise to be subject to an annual 

audit of its gaming operations by an independent certified public accountant and to submit copies 

of the annual audit to the Commission. 

2. All gaming-related contracts that result in the purchase of supplies, services, 

or concessions in excess of $25,000.00 annually, except contracts for professional legal and 

accounting services, shall be specifically included within the scope of the audit that is described 

in subsection (I) above. 

D. Public safetv standards. All Gaming Facilities shall be constructed, maintained, 

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

and complies with aIE applicable health, safety, construction and environmental standards 

applicable to or enacted by the Pueblo or set forth in the Compact. 

E. Licensing and backmund investimtions. 

Pueblo of Picuris Gaming Code - 10128108- Page 5 
a. Gaming Entemrise. The Gaming Enterprise shall be licensed by the 

PPTGC, but no background investigation of the Gaming Enterprise shall be required. Each 

member of the board of directors of the Gaming Enterprise shall require a License, and shall be 

subject to a backpound investigation. 

PPTGC. 

b. Gaming Facilitv. Each Gaming Facility shall be licensed by the 

c. A11 Gaming Employees. Each Gaming Employee shall be licensed 

by the PPTGC, and shall undergo a background investigation. Key Employees and Primary 

Management Officials may not be employed for longer than ninety (90) days under a temporary 

license issued by the PPTGC, pending the completion of the licensing process. 

d. Mana~ernent Contractors. All Management Contractors, and each 

principal, officer, director and any other person owning 5 % or more of any such entity, must be 

licensed by the PPTGC, and shall be required to undergo background investigations. 

e. Gaming Devices. Each Gaming Device must be licensed by the 

PPTGC prior to being placed into service and shall be inspected and certified for proper operation 

at least annually by the PmGC. 

f gamin^ Vendors. Any person proposing to sell or Iease any Gaming 

Device or Gaming Service to a Gaming Enterprise must be licensed by the PPTGC and shall be 

subject to a background investigation. 

2. Licensing Procedures for Gaming Emplovees , 

a. Aptllications for license. Prior to commencing employment with the 

Gaming Enterprise or Management Contractor on PuebIo Lands, each applicant for a gaming 

employee license shall submit a completed application on a form prescribed by the PPTGC, 

meeting at a minimum the requirements of 25 C.F.R. 5 556.4(a), together with any other 

information required by the PPTGC and the required fee. 

b. Eligibilitv Determination. The PPTGC shall review an applicant's 

prior activities, criminal record, if any, and reputation, habits and associations to make a finding 

concerning the eligibility of a the applicant for employment in the Gaming Enterprise. If the 

PPTGC 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 unsuitabIe, unfair, or ilIegaI 

practices and methods and activities in the conduct of gaming, the PPTGC shall not issue a license 

to the applicant, and the applicant shall not be employed by Gaming Enterprise. 

c. Fingerprints. Each application shall be accompanied by a fingerprint 

card containing clear impressions of the applicant's fingerprints, which impressions shall have been 

Pueblo of Picuris Gaming Code - 10128/08- Page 6 
made and certified by a qualified employee of the Buteau of Indian Affairs law enforcement 

department, the Taos County, New Mexiw, Sheriffs Office, the PPTGC, or another law 

enforcement agency that has been approved by the PPTGC, when notice of that approval has been 

given to the Commission, and two photogaphs of the applicant's head and shouldm taken within 

one month of the date of submission of the application. Each applicant shall be required to read, 

sign and submit a statement containing the notice set forth in 25 C. F. R. 5 556.2f a), containing 

information required by the Federal Privacy Act of 1974, and to submit a statement or notice 

regarding fdse statements as required by the Act. 

d. Backaround investigations of applicants . Upon receipt of a 

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

necessary background investigation, to ensure the applicant is eligible for employment pursuant 

to Section IV. E.2. b. above. The background investigation shall consist of a general background 

investigation and a criminal history check, and such other investigation as the PPTGC may deem 

appropriate, and shall be carried out by the PPTGC or by a qualified contractor retained by the 

PPTGC for that purpose. In conducting a background investigation, the PPTGC, or its agent, 

shall promise to keep confidential the identity of each person interviewed in the course of the 

investigation. 

i. Chid History Check. The applicant's fingerprints sMI be sent to 

the Commission, which shall transmit them to the Federal Bureau of Investigation ("FBI"), which 

shall report back to the Commission on any reported criminal activity associated with the 

applicant's fingerprints. That report shall be returned to the PPTGC. There shall also be searches 

of state and federal criminal court databases for each state in which the applicant has resided in 

the past 10 years, the National Crime Information Center database, and other available sources 

containing records of criminal cases. In the event any such search turns up information apparently 

related to the applicant, the matter shall be thoroughly investigated. 

ii. General Background Search. The general background search shall 

include, at a. minimum, searches of state and federal civil and bankruptcy court databases, queries 

to standard credit reporting agencies, searches of news media and other general databases, queries 

to every other regulatory agency to which the applicant has previously applied for any license or 

other permit, as well as contacts with previous employers. 

e. Rewrt to The Commission and State Gaming Renresentative for Kev 

Emplovees and Primarv Management Officials. 

i. Upon completion oftbe necessary background investigation for Key 

EmpIoyees and Primary Management Officials, the PPTGC shall prepare an investigative report 

and make an eIigibility determination pursuant to Section IV.E.2.b. above. The investigative 

report shall include (I) steps taken in conducting the background investigation, (2) the results 

obtained, (3) the concIusions reached, and (4) the bases for those conclusion. The PPTGC shall 

submit the investigative report and the eligibility determination to the Commission. PPTGC shall 

- 

Pueblo of Picuris Gaming Code - 10128108- Page 7 
also submit the investigative report and eligibility detemhation to the State as required by the 

Act, the Regulations, and the Compact. 

ii . With respect: to Key Employm and Primary Management Officials, 

the PPTGC shall retain applications for employment and investigative reparis (if any) of 

background investigations for inspection by the chairman of the Commission or his or her 

designee for no less than three (3) years fim the date of termination of employment. 

iii. The PPTGC may issue a license to a Key EmpIoyee or Primary 

Management Official if, within a thirty- day (30) perid after the Commission receives an 

investigative report, the Commission notifies the tribe that it has no objection to the issuance of 

a license. 

iv. The PPTGC shall respond to a request for additional information 

from the Chairman of the Commission concerning a Key Employee or a Primary Management 

OfficiaI who is the subject of an investigative report. Such a request shaI1 suspend the thirty (30) 

day period under paragraph iii of this section until the Chairman of the Commission receives the 

additional infomation. 

v. If, within the thirty-day (30) period described in paragraph iii of this 

section, the Commission provides the PPTGC with a statement itemizing objections to the issuance 

of a license to a Key Employee or to a Primary Management Official, the PPTGC shall reconsider 

the application, taking into account the objections itemized by the Commission. The PPTGC shall 

make the final decision whether to issue a license to such applicant. 

f. Action on A~~lication. Based on the background investigation and 

any comments received by the PPTGC from the State or the Commission, the PPTGC shall either 

issue a license to the applicant, or deny the application. If the application is denied, a statement 

setting forth the grounds for denial shall be sent to the applicant and the Commission. No person 

shall be issued a Iicense hereunder, nor employed by Gaming Enterprise, if the Commission 

determines, based on its investigation, that such person: 

i. Knowingly misrepresented a material fact on the Iicense application, 

or deliberately omitted any material fact called for by the application; 

ii. Attempted in any way to influence the decision on such person's 

license application by offering or providing to any member of the Commission or any person 

employed by the Commission any gift, favor or other thing or service having any value whatsoever; 

iii. Is not yet twenty-one (2 1) years of age; 

iv. Has, within the five (5) years next preceding the date on which the 

application was submitted, been convicted in any court, by plea of guilty or of nolo contendere or 

Pueblo of Picuris Gaming Code - 10128108- Page 8 
the equivalent, or by jury verdict, of any crime involving theft of money or goods having a value in 

excess of $100, or of dishonesty, or of any offense involving gaming, or of any felony, except that 

no person shall be approved for a license for any position defmed as a "primary management 

oficial" or "key employee" under the Act and Regulations if such person has had any such 

conviction within the twenty (20) years preceding the date of application. 

Y. Xs for any other reason a person whose activities, criminal record, 

habits, economic background or associations pose a that to the public interest or to the effective 

regulation and control of gaming, or create or enhance the dangcr of unsuitable, inappropriate or 

illegal practices, methods or activities in the conduct of gaming or the handling of or accounting for 

the proceeds of gaming. 

g- License Suspension and Revocation. 

i. If, after the issuance of a gaming license, the PPTCG receives from 

the Commission or elsewhere reliable information indicating that any employee, especially a Key 

Employee or a Primary Management Official, is not eligible for employment under subsection 

IV.E.2.b above, the PPTGC shall suspend such license pending revocation md shall notify the 

licensee in writing of the suspension and the proposed revocation, 

ii. The PPGC shall notify the licensee of a time and a place for a hearing 

on the proposed revocation of a license. 

iii. After a revocation hearing, the PPTCG shall decide to revoke or to 

reinstate a gaming license. The PPTGC shall notify the Commission of its decision concerning each 

Key Employee or Primary Management Official. 

iv. Any PPTGC gaming license may be suspended or revoked for cause. 

3. Licensing of hfam~ement Contractors and Enterprise Board Members. 

Natural persons required to be licensed by virtue of a connection with a Management Contractor 

or as hoard members of the Gaming Enterprise shall undergo the same licensing procedure as is 

required of a Gaming Employee. A complete application for such Iicease must be submitted to 

the PFTGC prior to the commencement of the Management Contract, or to such person's service 

on the Gaming Enterprise board, sls applicable. 

4. Other Licenses, me PPTGC shall by regulation establish suitable 

procedures for the licensing of the Gaming Enterprise, a Management Contractor that is not a 

natural person, the Gaming Facility, Gaming Devices and Gaming Vendors, provided such 

procedures are consistent with this Cede, the Compact, the Act and the Regulatioas. 

5. Duration and renewal of licenses. A Gaming Employee license, and the 

license of a Management Contractor and my person camected with a Management Contractor, 

Pueblo of Picuris Gaming Code - 10/28/0& Page 9 
and a board member of the Gaming Enterprise, shall be effective for one year from the date of 

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

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

license, but whose license expires pending renewal, may continue to be employed under the 

expired license until the PPTGC, or the Codssion if required by the Act, takes final action on 

the renewal application. Any person renewing a gaming license shall provide updated material 

and information as requested en the renewal application fm, but shall not be required to 

resubmit historical data already provided to the PPTGC, unless there was an error or omission 

in any such information. Licenses of Gaming Devices shall be valid unless and until the 

mechanical or electronic contro1s within the Gaming Device are altered in any manner, or the 

Gaming Device is taken out of service. The Gaming Enterprise shall notify the PPTGC upon 

either occurrence. A license of a Gaming Facility shall last for a tern of no more than 5 years. 

A license of a Gaming Enterprise shall Iast as long as the Gaming Enterprise remains in existence 

and is wholly owned by the Pueblo. 

6 Identification cards. The PPTGC shall require aIE Gaming EmpIoyees and 

Management Contractor officers and employees to wear identification cards issued by the PFTGC 

bearing the employee's photograph, first and last name, employee number, signatwe, and date 

of expiration, whenever any such person is on the premises of the Gaming Facility. 

7. Fees for licensing. The fees for gaming licenses and background 

investigations shall be set by the PPTGC from time to the. A schedule of fees shall be made 

available at any time upon reguest. If the actual costs incurred by the PPTGC for a background 

investigation exceed the amount paid by the applicant, the additional costs may be assessed to the 

applicant in the discretion of the PPTGC. En such cases, the PPTGC shall submit a detailed biIIing 

of the costs and an explanation as to why the excess wsts were incurred. Payment in full of any 

required fee is required before a license is issued. 

SECTION V. STANDARDS OF OPERATION AND MANAGEMENT. 

A. Securltv and Surveillance. The Gaming Enterprise shall at all times maintain a 

system of security and surveillance of the premises of tbe Gaming Facility, combining the use of 

personal and eIectronic assets, so as to provide for the physical safety of the patrons of the Gaming 

Facility, the physical safety of personnel mpIoyed by the Gaming Enterprise, the physical safeguarding of assets of the Gaming Enterprise, the protection of the property of patrons of the Gaming 

Facility from any illegal activity, so as to identify and detain persons who may be involved in any 

illegal act for the purpose of notifying law enforcement authorities, and to assist in deveIoping and 

securing evidence of apparently illegal acts for transmission to appropriate law enforcement 

authorities. The Commission may by regulation prescribe specific measures to be employed by the 

Gaming Enterprise in furtherance of the requirements of this subsection. 

Pueblo of Picuris Gaming Code - 10/28/08- Page 10 
B. Centralized Computer Monitoring of Electronic Gaming Devices. Every electronic 

Gaming Device in use in the Gaming Facility shall be connected to a central computer within the 

facility, which computer shall continuouslyrewrcl the gaming activity of each device, and that data 

shall be accessible to the State Gaming Representative, in accordance with the standards, restrictions 

and requirements set forth in the Compact. 

C. Check Cashing. Tbe Gaming Enterprise shall not cash any check for a patron that is 

or appears to be a paycheck or a payment by any governmental entity or any form of pension benefit 

or social security benefit, welfare or other form of entitlement or public assistance payment. 

D. Extensions of Credit. The Gaming Enterprise shaIl not extend credit to any patron 

by accepting in exchange for cash a note, marker, IOU or any other promise to pay, whether secured 

or not. 

E. Automated Teller Machines. Automated Teller Machines (" ATMs'" on the premises 

of any Gaming Facility shall be programmed so that they will not accept cards issued by state, 

federal, or tribal public welfare agencies to recipients of any form of state, federal or tribal public 

assistance benefits to enable the recipient to withdraw benefits, and the Gaming Enterprise shall 

make this provision an express requirement in any and every agreement with the owner or operator 

of any ATM situated on the premises of the Gaming Facility. 

F. Service of Alcoholic Beverages, 

1. No alcoholic beverages may be so14 sewed, delivered or consumed within 

the area of a Gaming Facility where gaming activities are conducted. 

2, No employee of the Gaming Enterprise, or of any subcontractor or 

concessionaire thereof, may selI, serve, give or deliver any alcoholic beverage to an intoxicated 

person at the Gaming Facility, nor shall any such employee procure or aid in the procurement of any 

alcoholic beverage for delivery to an intoxicated person at the Gaming Facility; but provided that 

nothing herein shall be deemed to give rise to any action against the Pueblo or the Gaming Enterprise 

by anyone claiming to have suffered any injury or other loss due to the intoxication of a patron of 

the Gaming Facility. 

3. Every employee of the Gaming Enterprise or of any subcontractor thereof who 

dispenses, sells, serves or delivers aIcoholic beverages in the course of his or her employment shalI 

be required by the Gaming Enterprise to attend alcohol server education classes comparable to those 

required under the New Mexico Liquor Control Act, NMSA (1978) $60-6D-1, et seq., at least 

annually. 

4. 'She Gaming Enterprise shall maintain liquor liability insurance in force, 

having coverage limits for persona1 injury of no less than One Million Dollars ($1,000,000) per 

incident and Ten Million Dollars ($10,000,000) aggregate per policy year. 

Pueblo of Picuris Chhg Code - 10128108- Page 1 1 
G. Inducements to Patrons to Gain. The Gaming Enterprise shall not provide, allow, 

contract to provide or arrange to provide alcoholic beverages for no charge or at reduced prices, or 

provide, allow, contract to provide or arrange to provide food or lodging for no charge or at nominal 

prices, at a Gaming Facility or a lodging facility, as an incentive or enticement far patrons to game, 

except that nothing herein shall prevent the Gaming Enterprise from providing rewards to patrons 

in exchange for points or credits amed under any form of a players' club program. 

A. Compulsive Gamb1ers. 

1. The Gaming Enterprise shall require every employee who makes contact 

with gaming patrons in the course of such employee" work to undergo training annually in 

recognizing patrons who may suffer from a compuEsive gambling syndrome ("CGS"), and in 

dealing with such persons in accordance with the policies of the Gaming Enterprise. 

2. The Gaming Enterprise shall develop detailed written policies designed to 

identify persons who suffer from CGS, to discourage such persons from gaming, including, where 

appropriate, excluding such persons from the Gamjng Facility, but in a manner that wiH minimize 

any discomfort, embarrassment or inconvenience for the person, and that avoids any personal 

injury to such person whatsoever. The Gaming Enterprise shall provide the Commission with 

copies of all such policies, and shall conduct in-house training sessions for employees at least 

annuaIly to ensure that a11 employees are fully versed in the policies and the appropriate means 

of carrying them out. 

3. The Gaming Enterprise shall contract with one or more counselors or 

therapists experienced in treating persons suffering from CGS, and to whom such persons may 

be referxed by the Gaming Enterprise at the expense of the Gaming Enterprise. 

4. The Gaming Enterprise shall spend annually an amount that is no less than 

ane-quarter of one percent (-25%) of its net win aa that term is defined in the Compact, to fund or 

support programs for the treatment and assistance of compu~sive gamblers in New Mexico or who 

patronize New Mexico gaming facilities, and for the prevention of compulsive gambling in New 

Mexico; and shall require that a substantial portion of such funds be distributed to an organization 

that has expertise in and provides counseling, inkwention or other services for compulsive gamblers 

in New Mexico, and whose services are available to all persons without regard to race or tribal 

membership. Expenditures for the training, referrals and other measures required by this subsection 

shall be considered part of the required expenditures. The Gaming Enterprise shall provide to the 

Commission an annual accounting of the expenditures required hereunder by no later than ninety 

(90) days after the end of the calendar year to which the acwmting pertains, and such accounting 

shall also be made available to the State Gaming Representative, upon reasonable request. 

I. Sanitation Rwruirements. The Gaming Enterprise shall take steps to ensure that all 

food service operations within n Ganing Facility meet standards and requirements equivalent to 

those contained in the New Mexico Food Service Sanitation Act, NMSA (1978) $25- 1 - 1, et seg. , 

Pueblo of Picuris Gaming Code - 10128108- Page 12 
and the Gaming Enterprise shall permit New Mexico Department of Environment inspectors 

access to a11 fwd preparation, storage and service areas of a Gaming Facility during normal 

business hours of the Gaming Facility for the purpose of ascertaining whether such standards are 

being met. 

J. Gaming Device Standards. Every gming device in use at a Gaming Facility shall 

meet technical standards at least as strict as the comparable standards applicable to such devices 

within the State of Nevada, and the Commission shall by regulation specificalIy adopt standards 

meeting this requirement; provided, however, that each electronic or electromechanical gaming 

device in use at a Gaming Facility shall be programmed by the manufacturer so that it will pay 

out a mathematically demonstrable percentage of all amounts wagerred, which percentage shall not 

be less than eighty percent (go%), as determined by a nationally certified gaming device testing 

laboratosy$ and the Gaming Enterprise shall prominently post in visible locations within the Gaming 

facility notices s tahg that the Gaming Enterprise is in compliance with this requirement, and shall 

provide a comprehensible explanation of the meaning of this requirement. 

SECTION VI. EMPLOYMENT CONDITIONS 

A. Minimum Age Requirements. No person shall be employed in any position in the 

Gaming Enterprise that is directly involved in any Class III gaming activity or in handling cash 

proceeds of a Class III gaming activity who has not attained the age of twenty-one (2 1) years. 

I3 . Job Discrimination. Neither the Pueblo, the Gaming Enterprise nor any Management 

Contractor shall discriminate in the employment of persons by the Gaming Enterprise or in the 

Gaming Facility on the grounds of race, color, national origin, gender, sexual orientation, age or 

handicap. 

C. Em~lovee Benefits. The Gaming Enterprise shaII provide to all of its employees paid 

sick leave, life insurance, annual leave andmedical and dental insurance, as benefits of employment. 

The Gaming Enterprise shall further take steps to ensure that all of its employees are covered by 

employment insurance and a worked compensation insurance program offering benefits at least as 

favorable as those offered by comparable state programs. Unless the Pueblo has eIected to 

participate in a state program for unemployment insurance or workers' compensation, an employee 

may appeal an adverse determination on the employee's claim for unemployment benefits or 

workers' wcompensation benefits by initiating an action against the Gaming Enterprise and the insurer, 

within thirty (30) days of such determination, in the Tribal Court, which court shall bear the matter 

as sn ordinay civil action. 

D. Grievance Procedures. The Gaming Enterprise shall Qtablish a written grievance 

procedure for employees that shall be applicable in cases of disciplinary or other adverse actions 

taken against an employee, which procedures shall include a process of appeal to at least one 

supervisory level above the pmon whose action is the subject of the grievance. 

PuebIo of Picuris Garnirrg Code - 10128108- Page 13 
E. Federal Law StanMs. The Gaming Enterprrse shall establish working conditions 

and wages and hours of work at Ieast meeting the minimum standards contained in the Federal Fair 

Labor Standards Act of 193 8, the Federal Occupational and Safety Act of 1970, and any other federal 

laws relating to wages, hours of work, conditions of work and regulations issued under such laws. 

F. Wage Requirements in Certain Construction Proiects. The Gaming Enterprise 

shall require that workers involved in any construction project involving a Gaming Facility or related 

structure that is funded in whole or jn part with federal funds shdl be paid wages meeting or 

exceeding the standards established for New Mexico under the federal Davis-Bacon Act. 

SECTION VTI. EXEMPTIONS. Social games conducted solely for prizes of minimal 

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

with tribal ceremonies or celebrations shall not be subject to any of the provisions of this Code. 

SECTION VHI. MANAGEMENT CONTRACTS. 

A. Approval requirements. The Pueblo or a Gaming Entaprise may enter into a 

Management Contract with a Management Coneactor for the management of Gaming activity, 

subject to the approvai of the PECK and the Commission. 

B . Required orovisions . A Management Contract shall have all provisions required 

by the Act and the Regulations, and any additional provisions required by regulations of the 

PPTGC. 

C. Jurisdiction. By entering into a Management Contract with the Pueblo or a Gaming 

Enterprise, the Management Contractor thereby submits itself and its principaIs, officers, directors 

and employees who are engaged in any activities pursuant to the Management Contract, to the 

jurisdiction of the Pueblo, the Tribal Court and the PFTGC, for any and all purposes related to 

or arising from the Management Contract, any services performed thereunder, and any disputes 

that may arise therefrom, and with respect to any and all other claims or causes of action against 

my such person or entity resuIting from such person's or entity's presence or activities on Pueblo 

Lands. 

SECTION IX. PICURIS PUEBLO TRTBAL GAMING COMMXSSTON. 

C. Establishment of the PPTGC: A~~ointment: Terms. There is hereby established 

a commission, to be known as the Picuris Pueblo Tribal Gaming Commission, consisting of three 

(3) members, who shall be appointed by the Tribal Council for staggered terms of five (5) years 

each (except that the initial members may be appointed for terms of less than five years, in order 

Pueblo of Pi~uris Garuj~~g Code - 10/28/O& Page 14 
to stagger their terms). Members of the PPTGC may be entitled to muaE compensation for their 

services on the PPGTC, in an mount to be determined by the Tribal Council. 

D. Qualifications: Backaound lovesti~ations . Persons appointed to the PPTGC shall 

be at least 30 years of age; shall not have been convicted of any crime involving physical 

violence, theft, gaming, dishonesty, wmption or moral turpitude, in the previous ten (1 0) years; 

shall not be a Gaming Employee or an employee of the Gaming Enterprise or a Management 

Contractor; and should have some prior experience or expertise in law, law enforcement, 

accounting, gaming or business regulation. The Tribal Council shall cause a fill background 

investigation to be carried out on any person nominated to serve on the PPTGC, before acting on 

such person's nomination, and shall reject any person whose background reveals such person to 

be unqualified, under the standards set forth in Section IV(E)(2)(c) of this Code, or otherwise unfit 

to serve. 

E. Removal. A PWGC member may be removed from office before the expiration 

of his or her term only after receiving a written Notice of Removal, signed by the Governor, 

setting forth specific grounds showing that such member has abused his position or has engaged 

in conduct unbecoming an official of the Pueblo; has violated the laws of the Pueblo or of the 

State of New Mexico or of the United States of America in some respect that casts doubt on the 

member's fitness to continue in office; or has consistently failed to perform his or her duties as 

a member of the PPTGC. A member shall have ten (10) days after actual receipt of such notice 

within which to submit to the Governor's Ofice n written request for a hearing before the Tribal 

Council. If no such request is submitted within such period, the member's removaI shall 

automatically take effect on the expiration of the period. If a hearing is requested within the 

period, it shall be held within fifteen (15) days after the date on which the request was filed with 

the Office of the Governor. At the hearing before the Tribal Council, the Governor shall present 

facts supporting the specifications of misconduct set forth in the Notice of Removal, after which 

the member may present his or her own case in opposition to the specifications. The presentation 

to the Council may be through witnesses, documents or argument, as the Governor and the 

member shall choose, but shall be limited to the issues specified in the Notice of Removal. The 

member may be represented by counsel. The member shall not be deemed removed from the 

PF'TGC unless the Notice of Removal is upheld by a vote of two-thirds of the members of the 

Tribal CounciI present and voting, 

F. Vacancies. The Tribal Council shall by appointment fdl any vacancy that may 

occur in the membership of the PPTGC, by appointing a member to serve out the unexpired 

portion of the term of the vacant position, but such appointment shall be fully subjext to the 

provisions of paragraph (B) of this section. 

G. Powers and duties of the PPTGC. The PFTGC shall have the following powers 

and duties: 

Pueblo of Picuris Gaming Code - 1012810& Page 15 
1, Oversight of Gaming Activity: Insnectors. The PPTGC shall have primary 

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

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

inspectors shall have access to all areas of any Gaming Facility at all times, but they shalI comply 

with reasonable security requirements of the Gaming Enterprise when entering any restricted area. 

The inspectors shall report to the PPTGC regarding any failure by the Gaming Enterprise or 

Management Contractor to compIy with any of the provisions of this Code and any other 

applicable laws. All inspectors and other employees of the PPTGC involved directly in the 

regulation of any ganing activity shall be licensed by the PPTGC and must undergo background 

investigations equivalent to those performed for applicants for licenses as Gaming Employees 

prior to commencing work. 

2. Investinations: subpoena. The PPTGC may on its own initiative investigate 

any aspect of the gaming activity as to which it has a reasonable basis for suspicion of improper 

or unlawful conduct. The PPTGC may require any Gaming Enterprise or Management Contractor 

to take any appropriate action deemed necessary to comply with the Code, Act and any ather 

applicable law. The PPTGC my compel any person to appear before it and to provide any 

information, documents, or other materials that may be in their possession to assist in any such 

investigation. 

3. Public safeR. The PPTGC shall ensure that the Gaming Enterprise or 

Management Contractor shdI prepare and submit for the review and approvaI of the PPTGC a 

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

4. Review of plans. The PPTGC shall review and approve floor plans and 

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

the adequacy of such plans and systems. 

5. Regulations. The PPTGC, with the approval of the Tribal Council, shall 

promulgate any and a13 regulations it deems necessary or appropriate for the regulation of gaming 

activity within the Pueblo consistent with the provisions of the Act, the Regulations, the Compact 

and this Code, including the PSlrGC's authority under this Code, so as to fulfill the purposes of 

this Code, the Act and the Compact. A11 such regulations properly promulgated by the PPTGC 

within the scope of its powers granted herein and approved by the Tribal CounciI shall have the 

full force of law within the Pueblo, provided that they are issued in accordance with the following 

procedure: 

a. The PPTGC shaI1 adopt a draft of any proposed regulation or amendment 

to a regulation by majority vote, at a regularly scheduled meeting, and promptly thereafter shall 

publish the draft regulation, by delivering the text thereof, together with any appropriate 

explanatory material, to the Gwernor, the Tribal Council, the Gaming Enterprise, the Pueblo's 

general counsel, any Management Contractor employed by the Pueblo or its Gaming Enterprise, 

the State Gaming Control Board, the Commission, and anyone else whom the PPTGC considers 

Pueblo of Picuris Gaming Code - 10128108- Page 1 6 
appropriate to receive such draft, allowing each person who received such draft no less than 60 

days from the date of pubIication in which to submit written comments to the PPTGC on the 

proposed regulation. 

b. The PPTGC shall give due cansideration to dl written cements 

received by it within the time allowed on any proposed regulation, in deciding whether and in 

what form the regulation should be formally issued. 

c. Find regulations may be approved by the PPTGC by majority vote at 

a regularly scheduled meeting. 

d. The PPTGC xhdl send all finaI regulations to the Tribal Council for 

approval and adoption. 

e. The PPTGC shall maintain a complete and accurate compiIation of a11 

regulations that have taken effect in accordance with the procedures of this section, copies of 

which shall be provided to the Commission, the State Gaming Representative, and to the Governor 

and the Pueblo's general counsel, and shall be made available to any person upon reasonabIe 

request. 

6. Licenses, The PPTGC may issue, suspend, and revoke licenses in 

accordance with this Code. 

1 7. Standards. The PPTGC shall promulgate, review, approve, and revise the 

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

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

any change to the rules. 

8. Health. safetv and security standards. The PPTGC shall enforce all health, 

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

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

obtain a certificate of compliance from the PPTGC. The PPTGC shall issue a certificate of 

compliance to the Gaming Enterprise upon a determination that the Gaming Facility complies with 

applicable health, safety and security standards. 

9. Penalties and subpoenas. The PPTGC shall be empowered to impose 

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

10. Civil and criminal actions . The PPTGC may in the name of the Pueblo 

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

States to enforce the provisions of this Code, the Act, or my Compact, or to enjoin or otherwise 

prevent any violation of this Code occurring on Pueblo Lands. 

Pueblo of Picuris Gaming Code - 20/28/08- Page 17 
11. Operatinn budnet. The PPTGC shall adopt an annual operating budget 

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

budget, employ a staff as it deems necessary to fulfill its responsibilities under this Code and may 

retain legal counseI, consuhants, and other professiona1 services, including investigative services, 

to assist the PPTGC with its responsibilities under the Code. The expenses of the PPTGC in 

accordance with such budget shall be appropriated by the Council from the Net Revenues paid to 

the Pueblo. 

12. Orders. The PPTGC may issue any order or decision, which the PFTGC 

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

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

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

H . Hearings, The PRGC may conduct hearings, investigations, inquiries, compel 

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

necessary to carry out its duties under this Code. 

I. Executive Director. The PPTGC may appoint and retain an individual to serve as 

Executive Director of the PPTGC to oversee and manage its duties and responsibilities under this 

Code on a day-today basis, to supervise the inspectors and other staff employed by the PPTGC, 

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

by the PPTGC. The Executive Director shall be responsible for coordination of the functions of 

the PPTGC with federal and state agencies as necessary, and shall perfom such other functions 

as the PPTGC shall delegate to him or her. 

J. Employee Backmound Investiaations. The Executive Director and each employee 

of the PPTGC who has any responsibility for the regulation of gaming activity shall be required 

to undergo a background investigation equivdent to that performed on Gaming Employee 

applicants, and no person shalI be employed by the PPTGC who wouId not be found suitable for 

licensing as a Gaming Employee. 

K Procedures of the PPTW. 

1. Meetings. Meetings of the PPTGC may be heId upon such notice, or 

withant notice, and at such time and pIace as shall from time to time be fixed by the PPTGC or 

as determined by its Chairman. Unless otherwise specified by the PPTGC, no notice of meetings 

shall be necessary. If deemed appropriate by the Chairman, meetings may be held by 

teleconference or by polring. 

2. Ouorum. At any meeting of the PFTGC, n majority of the PPTGC 

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

members present at a meeting at which a quom is present shall be the act of the PPTGC. The 

Chairman may vote on a11 matters to the same extent as my other member. The Chairman shall 

Pueblo off icuris Gaming Code - 10128108- Page I8 
preside at all meetings of the PPTGC unless the Chairman designates another member to preside 

in his absence. 

3. Notice of PPTGC action. No action of the PPTGC to impose a penalty 

pursuant to this Code or to revoke a gaming lime shall be valid unless the person affected is 

given at last seven (7) days hotice of the proposed action and the opportunity to appear and to 

be heard before the PPTGC, either in person or through a representative or legal counsel, and to 

submit such evidence as the PPTGC deems relevant to the matter at issue, except where the 

PPTGC specifically finds hat an action must be given immediate effect in order to protect the 

assets of the Pueblo or the fairness and integrity of gaming on Pueblo lands. In the event such 

finding is made, the PPTGC shall schedule a hearing on such action no less than seven (7) days 

after its effective date. No notice is necessary to suspend a gaming license, but a revocation 

hearing must be held within nine (9) days or the suspension shall be discharged automatically. 

4. Hearings. Any person who is adversely affected by any action of the 

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

days following receipt of notice of the action of the PPTGC. The PPTGC shall thereupon afford 

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

counsel, and to submit such evidence as the PPTGC deems relevant to the matter at issue. The 

PPTGC shalI either affirm or reconsider its decision. The PPTGC my direct the Director or one 

or more members of the PPTGC designated by the PPTGC to conduct any hearings. 

5. Rules and wrodures. The PPTGC may adopt any additional procedures 

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

this Code. 

SECTION X. APPEALS TO TRIBAL COURT, Any person aggrieved by a final action 

of the PPTGC may file an appeal to the Tribal Court. The person shalI file a notice of appeal 

stating the specific basis of the appeal and pay any court fees. A copy of the notice shall be 

provided to the PPTGC. Upun receipt of a notice of appeal, the court clerk shall schedule a 

hearing before the Tribal Court. The decision of the Tribal Court shaIl be final. 

SECTION XI. RESOLUTION OF PATRON DISPUTES . Any patron of a Gaming 

Facility who disputes my action or decision of a Management Contractor or the Gaming 

Enterprise or an employee thereof that adversely impacts such pamn shall have the right to have 

such dispute heard and decided in a timely and fair manner, according to procedures established 

by regulations issued by the PPTGC. Such regurations shall provide, at a minimum, that the 

patron may have his or her dispute heard by a management official of the Gaming Enterprise, and 

that if dissatisfied with the decision of such official, may appeal such decision to the board of the 

Gaming Enterprise. The regulations may also provide that the patron may elect to chaI lenge the 

decision of the board by civil action in the Tribal Court, whose decision shdI be final. 

Pueblo of Picuris Gaming Code - 1012XIO& Page 19 
SECTION XII. PROHIBITED ACTS. 

It shall be a violation of this Code for my person to: 

A Conduct or participate io any gaming on Pueblo Lands other than at a licensed 

Gaming Facility. 

B Receive, distribute, apply or divest any property, funds, proceeds, or other assets of 

the Gaming Enterprise to the benefit of any person excqt as authorized by the Gaming Enterprise, 

this Code, the Compact, or the Act. 

C Do any act in connection with the conduct of any Gaming Enterprise with the intent 

to affect the outcome of my wager other than in accordance with the publicly-mouneed rules of 

such Gaming Enterprise. 

D 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. 

E Place, increase or decease a bet or to determine the course of play after acquiring 

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

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

for the purpose of placing, increasing or decreasing a bet or determining the wurse of play 

contingent upon that event or outcome. 

F 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. 

G Manipulate, with the intent to cheat, any component of a Gaming Device in a manner 

contrary to the designed and normaI operational purpose for the component, including, but not 

limited to manipulating a Gaming Device with lmowIedge that the manipulation affects the outcome 

of the game or with knowledge of any event that affects the outcome of the game. 

H Knowingly use in a Gaming Device any thing other than coins, tokens, cards, gaming 

ticket vouchers or other devices approved by the PPTGC, or other lawful coin, or to use a coin not 

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

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 anaIyzing 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. 

Pueblo of Picuris Gaming Code - 10/28/0& Page 20 
J Use any device or means to cheat, or to possess any such device while at the Gaming 

Facility. 

J. Knowingly to entice or induce mother to go to any place where gaming is being 

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

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

SECTION XDI. PENALTIES. Any person who violates any provision of this Code shall 

be subject to a fine of up to $5000 per offense, or imprisonment of up to one year, or both such fine 

and imprisonment, as determined by the Tribal Court, if such person is subject to the jurisdiction of 

the Tribal Court. Any Gaming Employee who violates any provisions of this Code may be subject 

to civil penalties imposed by the PPTGC, termination of employment by the Gaming Enterprise, 

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

nan-lndian person may be subject to eexlusi~n from Pueblo hds by the Tribal Court, in the manner 

provided by tribal law. 

SECTlON XIV. SEVEMBILlTT. In the event any section or provision of this Code or its 

appIication to any particular activity is held to be invalid, the remaining sections and provisions of 

this Code and the remaining applications of such section or provision shall continue in full force and 

effect. 

SECTION XV. SOVEREIGN W JURTSDICTTON. Nothing herein shall be 

deemed or interpreted to be a waiver of the sovereign immunity of the PuebIa from unconsented suit 

in any court. Any action arising under the provisions of this Code, or reIating thereto, shall be within 

the exclusive jurisdiction of the Tribal Court. 

SECTION XVI. DESIGNATlON OF PUEBLO" AGGENT FOR SERVICE. The Governor 

of the Pueblo shall be the Pueblo's agent for service by tbe Commission of any official 

determination, order or notice of violation, pursuant to 25 C.F,R 8 5 19.1, but provided that upon 

receipt, the Governor shalI immediately transmit or deIiver a copy of any such document to the 

chairperson of the PPTGC and the chairperson of the board of the Gaming Enterprise. 

PuebIo of Picuria Gaming Code - 10128108- Page 21