Hon. Walter Dasheno, Governor 

Pueblo of Santa Clara 

PO Box 580 

Espanala, Nh4 87532 

Fax: (505) 753-7330 

RE: Gaming Code amendment, approval 

Dear Governor Dasheno: 

On June 14,2010, the National Indian Gaming Commission received an 

amendment to the Pueblo of Santa Clara Gaming Code authorized by Resolution No. 

201 0- 14. This amendment made three technical changes to the previous] y approved 

gaming ordinance. It adjusts the quorum of the Santa Clara Gaming Commission from 

two to three, allows for gaming facility licenses to be issued for three years, and allows 

more flexibility in the scheduling of the closure hours required by the Tribal-State 

gaming compact. 

Thls letter constitutes approval of the amendment. Nothing therein conflicts with 

IGRA's requirements or the NIGC's regulations. 

Thank you, and if you have any questions, please feel free to contact Staff 

Attorney Heather McMillan Nakai at (202) 632-7003. 

Tracie Stevens 

Chairwoman 

cc: Elijah Baca, Executive Director SCPGC 

Richard W. Hughes 

t4ATlQN4L HEADQUARTER5 1441 L St NW. SUI~C 9100, Washington, DC 20005 Tel. 202 632 7003 Fax 202 632 7066 WW.NlGC.GOV 

REGIONAL OFFICES Portland, OR, Sacramento, CA, Phoenix, AZ. St Paul, MPI: Tulsa. OK 
SAbITA CLAR 

POST OFFICE BOX 580 

(505) 753-7326 

(505) 753-7330 

DIAN PUERL 

ESPANOLA, NEW MEXICO 

87532 

OFFICE OF GOVERNOR 

PUEBLO OF SANTA CLARA TRIBAL COUNCIL "'+, 

J, 

RESOLUTION YO. 201 0-LY ' 27-- 

"'1 

AMEYDING THE SANTA CLARA GAMING CODE 

WHEREAS, the Pueblo of Santa Clara is a federally recognized Indian Tribe cxcrcising 

inherent powers of sovereignty and sel f-government, tl~rough its traditional institutions and by 

virtue of its Constitution, which was approvcd on Dcccmbcr 20, 1 935; and 

WHEREAS, the Santa Clara Pueblo Gaming Commission CLSCPGC") has requested that 

the Tribal Council enact certain amendments to the Gaming Code, to conform to the Pucblo's 

class m gaming compact with thc Statc and with segulations issued by the National Indian 

Gaming Commission; and 

WHEREAS, thc Tribal Council has reviewed the proposed amendments and has 

concluded that their enactment would be in the best interests of the Pucbla: 

NOW THEREFORE BE IT RESOLVED. by the Tribal Council of thc Pucbla of Santa 

Clam, as follows: 

1. Subjcct to its approval by the Chairman of the National Indian Gaming 

Commission, the Santa Clara Pueblo Gaming Codc is hcreby amended as follows: 

A. The last sentcnce of Section 109.6(M) is amended by changing "Two (2)" to 

"Three (3)". 

B. Section 109.7(D) is amcnded by inserting, after the word "issuance" and before 

the period, the following: ", except that Gaming Facility licenscs may havc terms 

of up to three (3) years". 

C. Scction 109.9(C) is amended by deleting therefrom the phrase, "from 4 a.m. to 8 -7 a.m., . 
2. The Governor and the Pueblo's genera! counsel arc directed to submit thesc 

amendments to the Chairman of the National Indian Gaming Commission for his approval, as 

rer~uircd by IGRA. 

I, the undersigned. as Governor of the Pucblo of Santa Clara, hercby certify that thc Santa 

Clara TribaI Council, at a duly ca ed meeting that was convened with psopcr noticc and was 

he1 d on the27 "!day of ~4~ ,201 0. at the Znnln Clara Pucblo, Ncw Mexico, a 

quorum being prcsent, approved th foregoing Resolution with A members voting in favor, * 

-- I, opposed, C1' abstaining and / being absent. 
Sec. 108.41 Jurisdiction 

Any and all actions, whether civil or criminal, pertaining to alleged violations of this title, or 

seeking any reIief against the Pueblo or any oficer or employee of the Pueblo with respect to any 

matter addressed by this Liquor Code, shall be brought in the Tribal Court of the Pueblo, which court 

shall have exclusive jurisdiction thereof. 

Enacted Ily Rm. No. 01 -15, May 8,2001; approved by Scc'y, June 1,2001 

CHAPTER 109 - GAMING CODE 

Sec. I 09.1 Short Title 

This chapter may be cited as the Santa Clara Pueblo Gaming Code, or, the "Gaming Code." 

Enacted hy Rm. No. 98-2, January 28, 1998; apprnved by NKC May 29, 1998. 

Sec. 109.2 Definitions 

For purposes of this Gaming Code, the following words shall have the following meanings 

unIess the context othenvise requires: 

A. '"Bingo1' means the game of chance commonly known as "bingo" (whether or not 

electronic, computer, or other technologic aids are used in connection therewith) which is played for 

prizes,, including monetary prizes, with cards bearing numbers and other designations in which the 

holder of the card covers such numben or designations when objects, similarly numbered or hdesignated, are drawn or elect'ronically determined, and in which the game is won by the first person 

covering a previously designated arrangement of numbers or designations on such cards; 

B. "Class I1 Gaming1' means bingo or lotto, and, when played in the same location as 

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

C. "Class 111 Gaming" means all forms of gaming that may be operated or conducted on 

Santa Clara land under the provisions of the Compact. 

D. "Commission" means the Pueblo of Santa CIara Gaming Commission established by 

this Gaming Code; 

E. "Compact" means the approved Tribal-State Class IIL gaming compact entered into 

between the Pueblo and the State pursuant to IGRA that is in effect, including any approved 

amendments and ancillary agreements thereto; 

F. "Gaming" and "Games of chance" means Class and Class III gaming, but does not 

include social games played solely for prizes of minimal vaIue or traditional forms of Indian gaming 

engaged in by individuals as a part of, or in connection with, tribal ceremonies or ceIebrations; 

G. "Gaming Device" mans any piece of equipment or mechanical, electromechanical or 

electronic contrivance, component or machine that is utilized directly or remotely in the conduct of 

gaming. 

2006 Compilation - &c. 12, 2006 
H. "Gaming Enterprise" means the tribally-owned business mtity that conchrcts CIass 11 f> or Cliiss gaming on Santa Clara Lands, whether directly or through a management contract, except 

-_ ., that where such entity aIso conducts other business activities, that are administratively and physically 

separate from any Class II ox Class III gamin& the term "Gaming Enterprise" shall refer onIy to that 

operating division of the entity involved in, or whose operations are physically located in the same 

place as, the operation or management of Class I1 or Class 111 gaming. 

I. "Gaming Facility" means any physical structure in which Class I1 or Class III gaming 

is conducted on Santa Clara lands by the Gaming Enterprise, including all improved areas 

appurtenant to such structure. 

J. "Governor" means the Governor of the Pueblo; 

K. "IGRA" means the Indian Gaming Regulatory Act, as codified at 25 U.S.C. s(52701- 

272 1 ,and 18 U. S.C. 5 Fj 2 166- 1 168, and the regulations issued thereunder by the NJGC at 25 C.F.R. 

Pts. 501-599; 

L. "Key Employee" means any person described in 25 C.F.R. 4502.14; 

M. "NGC" means the National Indian Gaming Commission established by IGM; 

N. "Person" means a natural person, trust, association, partnership, public or private 

corporation, or any other Iegal entity whatsoever; 

0. "Primary Management Official" means any person described in 25 C.F.R. 6502.19; 

n 

... , P. "Pueblo" or "Tribe" means the Pueblo of Santa Clara; 

Q. "Santa Clara Lands" means all lands within the Santa Clara lndian Resewation and 

any lands the title to which is held in trust by the United States for the benefit of the Pueblo or a 

member thereof or that is held by the Pueblo subject to a restriction by the United States against 

aIienaltion, and over which lands the Pueblo exercises governmental power; 

R. "State" means the State of New Mexico. 

S. "State Gaming Represenhtive" means the person designated by the State, pursuant to 

the Compact, to act on behalf of the State in dealings with the Pueblo, the Commission and the 

Gaming Enterprise with respect to Class 111 gaming; 

T. "Tribal Council" means the Tribal Council of the Pueblo; 

U. "Tribal Court" means the Tribal Court of the Pueblo. 

Enacted b{ Res. No. 98-2, Jmuq 28,1998; approved by NlGC May 29, 1998; arnendcd by Res. No. 02-1 1, May 14,2002; approved by NIGC, July 

16,2002. 

2006 Compilation - Dec. 12, 2006 
0 Sec. :109.3 Purposes 

J The purpose of this Gaming Code is to provide for the appropriate regulation of the 

operation, conduct, and playing of games of chance on Santa Clara land so that revenues may be 

generated to find tribal governmental operations and programs to benefit and promote the health, 

education, and welfare of the Pueblo and its members, and to promote tribal economic development. 

Enacted by Rm. NO. 98-2, January 28, 1998; appmved by MIGC, May29, 1998. 

This Gaming Code is an exercise of the sovereign power of the Pueblo and shall be Iiberally 

construed for the accomplishment of its purposes and so as to comply with the Compact and IGU. 

Enacted by Rer. No. 9R-2, January 28, 1998; appmved by NIGC, May 29, t998 

Sec. 109.5 Gaminp Policy 

A. Games of Chance Prohibited. No person may operate or canduct any games of 

chance within Santa Clara lands except in accordance with the provisions of this Gaming Code. 

B. owners hi^ of Gaming Enterprise. The Pueblo, either directly or thmugh such whollyowned corporate or other entities as it may create for the purpose, shaII have the sole proprietary 

interest in the Gaming Enterprise, which shall have responsibility far the operation and conduct of 

any gaming or games of chance operated or conducted on Santa Clara lands. 

' C. Protection of Environment: Public Health and Safetv. The construction and 

maintenance of any gaming facility, and the operation and conduct of any and all games of chance, 

shall he done in a manner &at adequately protects the environment and the public health and safety. 

D. Use of Gaming Revenues. Proceeds to the Tribe fram Class I1 and Class ID gaming 

activities on Santa Clara lands shall be used for the following purposes, and no others: 

1. Funding of tribal governmental operations and programs; 

2. To provide for the general welfare of the Pueblo and its members; 

3. Promotion of tribal economic development; 

4. Donations to charitable organizations, as determined by the Tribal Council or 

the Gaming Enterprise; 

5. To help fund operations of local governmental agencies, as determined by the 

Tribal Council: or the Gaming Enterprise. 

Under no circumstances may the Tribe, the Commission or any management contractor make 

any contribution, directly or through any agent, representative or employee, of any sums constituting 

revenue from the Gaming Enterprise, or anything of value acquired with such revenue, to a political 

candidate, political committee or person holding an ofice that is elected or is to be elected in an 

election covered by the State" Campaign Reporting Act. 

2006 Compilation - Lkc. 12, ZOO6 
Pb 

Enacted by Res. No. 98-2, January 28, 1998; amended by Rw. No. 98-15, May t 8, appmvd by NlGC, May 29, 1998.. 

Sec. 109.6 leblo of Santa Clara Gaming Commission 

A. Establishment of Commission. The Pueblo of Santa Clara Gaming Commission is 

hereby established, as the tribal agency responsible for the regulation of gaming and games of chance 

within Santa CIara lands and the enforcement of this Gaming Code, the Compact and lGRA with 

respect to such gaming activity. 

B. Powers and Duties. The Commission shalI have the following powers and duties: 

1. To hire, supervise, train, discipline and dismiss, and to pay, subject to the 

approval of the Tribal Council as to salaries and benefits, an executive director and such other 

employees, whether full or part-time, temporary or permanent, as the Commission shall determine 

are needed for the fulfillment of its purposes; to contract for outside professional and other services 

as der:med necessarqf by the Commission; to purchase or lease ofice furniture, supplies, equipment 

and slpace as needed to fulfill its purposes; and to establish and maintain such systems and programs 

as it cleems necessary for the proper administration of and accounting for its activities. 

2. To monitor, oversee and regulate the operation and conduct of all gaming and 

games of chance within Santa CIara lands, and to do such things as it deems necessary to assure that 

such gaming is conducted in full compliance with this Gaming Code, the Compact, the IGFL4, and 

the regulations of the Commission. 

3. To grant, suspend, or revoke licenses for persons or things required to be 

Ti licensed under the provisions of this Gaming Code, the Compact or IGFL4, and, consistent with such 

G- l provisions, to estabIish and administer standards and procedures with respect to such licensing as 

needed to assure the reasonable and effective regulation of gaming; provided, however, that the 

Comrmission shall not have the authority to deny licenses arbitrarily to qualified persons who meet 

the stimdards set forth herein or as set forth in regulations properIy adopted by the Commission. 

4. In connection with its licensing process, to conduct or cause to be conducted 

background investigations of applicants for licenses to determine their suitability for licensing. 

5. To inspect, examine, photocopy, and audit all papers, books, and records 

respecting gaming activities operated or conducted within Santa Clara lands as necessary to cany out 

the duties of the Commission under this Gaming Code. 

6. To initiate suits in tribal, state or federal courts for such reIief as the 

Commission deems necessary to carry out its duties and enforce its orders and decisions. 

7. To prepare and to submit to the Tribal Council, annually, a budget, showing 

the projected receipts and expenses of the Commission, and the justification therefor, and to expend 

for its authorized purposes such funds as are appropriated by the Tribal Council in accordance with 

its approved budget, 

8. To establish and collect reasonable fees for applications and renewal of 

licenses and for other Commission actions, which fees shall be deposited into the genera1 funds of 

the Pueblo. 
9. To compel by subpoena the attendance and testimony of witnesses and the 

production of books, papers, documents and other things relating to any matter under consideration 

or investigation by the Commission, and to bring actions for the enforcement of such subpoenas. 

10. To administer oaths and afErmations to witnesses appearing before the 

Commission. 

11. To hear appeals as provided by this Gaming Code. 

12. To keep minutes, records, and books constituting a true, faitfil, and complete 

recortI of a11 proceedings and actions of the Commission. 

13. To promulgate such rules and regulations, after giving appropriate public 

notice: and opportunity for comment, as it deems necessary to implement the provisions of this 

Gaming Code, the Compact and the IGRA, to protect the public interest and to assure the effective 

regulation of gaming within Santa Clara lands, which mIes and regulations shall be public 

docunnents, available to any member of the public on request. 

14. To recommend amendments to this Gaming Code to the Tribal Council. 

15. To submit an annual report to the Tribal Council on the activities of the 

Comnlission, which shall include information on the funding, income, and expenses of the 

Comn~ission. 

16. To enter into cooperative agreements with regulatory md law enforcement 

agenciles and officiaEs of the State of New Mexico (including cities and counties thereof), the Bureau 

of Indian Affairs, the United States government, and other Indian Tribes, when the Commission 

determines that such cooperation is in the best interests of the Pueblo and will help to ensure 

enforcement on Santa Clara lands of the IGRA, the Compact, this Gaming Code and the regulations 

of the Commission. 

~rsh~osition: Staggered Tmnr Tbe Commission shall consist of five (5) 

Co ers appointed by the Tribal Council. Each Commissioner shall serve for a term of three 

(3) yeiirs; provided, that the terms shall be staggered, so that approximately one-third (1J3) of the 

Commissioners' terms shall expire each ym. A Commissioner may serve beyond the expiration of 

his or her term of office untiI a successor has been appointed, unless such Commissioner has been 

removed for cause under subsection E of this Section. A Commissioner may be appointed to 

succeed himself or herself without limitation. 

D. Qualification of Commissioners. At least one (1) Commissioner must be an enrolled 

member of the Pueblo. No person shall be eligible to serve or continue to serve as a Commissioner 

or as an appointee or employee of the Commission, who: 

1. Has been convicted of any felony, or of any crime relating to gaming, theft or 

di dishonesty; 

2, Has, or is related in the first degree of consanguinity to any person who has, 

any financial interest in any gaming activity, or in any entity engaged in gaming activity in New 

Mexico; 
3. For my other reason, due to previous experience, habits or associations, is a 

r) person whose appointment would cause a loss of public confidence in the effective regulation of . , gaming on Santa Clara lands. 

Prior to submitting to the Tribal Council for approval the name of any nominee for a seat on 

the Commission, the Governor shall cause a thorough background investigation to be done to 

detennine whether the nominee is qualified as provided in this Section, and a report of such 

investigation shall be submitted to the Tribal Council with the nomination. 

E. Removal of Commissioners. A Commissioner may be removed from ofice prior to 

the expiration of his or her term only in accordance with the following procedures: 

1. Removal of a Commissioner may be initiated by a written request specifying 

the cause of removal, signed by not less than one-third (I /3) of the members of the TribaI Council, 

which shall be filed with the Secretary ofthe Tribal Council. 

2. The cause or causes specified for removal must include at least one of the 

follovring: (1) conviction in any court of a felony or crime involving dishonesty, theft, illegal 

gambling activity or moral turpitude; (2) failure to meet or maintain the qualifications for 

Cornnlissioners set forth in subsection D of this Section; (3) gross neglect of duv, or (4) malfeasance 

in office, or conduct that amounts to gross and intentional disregard of the laws and procedures 

applicable to the affairs of the Commission. 

3. No fewer than twenty (20) nor more than forty (40) days following receipt of 

the written request for removal, the Tribal Council shall convene a special meeting for the sole 

purpose of hearing testimony and receiving evidence pertaining to the causes specified in the request 

-../ for the removal of the Commissioner. The Commissioner shall be given a full opportunity, either in 

person or through a representative of his or her choice, to answer or otherwise respond to any and all 

charges against him or her. 

4. The Tribal Council shall, after having heard all of the testimony, vote on 

whether to remove the Commissioner. The affirmative votes of no fewer than two-thirds (2/3) of the 

members ofthe Tnibal Council is requited for removal. 

F. Resignations and Vacancies. Any Commissioner may resign at any time by giving 

written notice to the other members of the Commission and to the Secretary of the Tribal Council. 

The resignation shall become effective at the time specified in such notice, and acceptance of such 

resignation shall not be necessary to make it effective. Any vacancy on the Commission, howsoever 

caused, shall be filled for the unexpired portion of the vacated Commissioner's term by st qualified 

person appointed by the Governor with the consent of the Tribal Council. 

G. Selection of Officers. The Commission shaII select annually by majority vote one (1) 

of its members to serve as Chairman, and one (I) of its members to serve as Vice-Chairman. The 

Vice-Chairman shaIl serve as Chairman during meetings of the Commission at which the Chairman 

is abwnt 

H. Motions and Resolutions; Meeting; Ouorurn. A11 official actions of the Commission 

shall be by motion or resolution approved by the affirmative vote of a majority of the Commission. 

The Commission shall meet at the call of the Chairman or a majority of its members but shall meet at 

2006 Compilation - &c. 12, 2006 
meet at least once each month. Two (2) members of the Commission shall comprise a quom 

for the conduct of business. 

c, I. Compensation, Commissioners shall be compensated as detemined by the Tribal 

Council and in accordance with the annual budget of the Commission. 

J. Emvlo~ee Backp;rotmd hves ti cations. The executive director and each person 

offered employment by the Commission in any position involving a regulatory or investigative 

hction shall, prior to being given permanent employment (and in any event within thirty (30) 

days of commencing work) be required to undergo a background check identical to that required 

of gaming employees under the provisions of Section 109.7 of this Code, and no person shall be 

employed by the Commission who is found not to be eligible for licensure under the standards 

set hrth in Section 109.7(C). 

Enacted by Res. No. 98-2, January 28, 1998; approved by MGC, May 29, 1998; amended by Res. 02-1 1, May 14,2002; approved by NIGC July 

16,201)2; amended by Res. 05-02, January 31,2002 approved by NIGC, April 27,2005; amended by Res. No. 07-29, Sept. 28,2007, approved 

by NIGC, Jan. 9, 2008. 

Sec. 109.7 Licensing and Backqound Investi~ations 

A. Licensin~ Requirements. Each of the following shall require a license issued by 

the Commission: 

1. Gaming Emwlowes. Every person employed in any position, whether 

t-1 part-time or full-time, temporarily or permanently, by the Gaming Enterprise, whose position has 

L- any connection with the conduct of gaming, the handling of any gaming device or any proceeds 

of gaming or the accounting therefor, any security or sweillan~e activities focused on gaming 

activities, or whose duties require such person to regularly be in the area where gaming activities 

occur, and any person who supervises any such person. A person may be employed by the 

Gaming Enterprise under a temporary license issued by the Commission for up to 90 days, which 

periold may be extended for an additional sixty (60) days if the Commission determines such 

extension is necessary to complete a background investigation prior to action on a Iicense 

application, but provided that no such extension may be granted in the case of a person who by 

virtue of his or her position is deemed to be a Key Employee or Primary Management Official. 

2. Manapement Contractors. Every person involved with any contract with 

the Tribe or the Gaming Enterprise for management of the Gaming Enterprise or any aspect 

tixreof. each officer and director of each such entity, each person employed by such management 

:rat-ar in any position having any responsibility with respect to gaming within Santa Clara 

Y. c+.~d every person having more than a five (5) percent ownership interest in any such 

< ;. :n ent contractor. 

3. Gaming Vendors. Each person who proposes to sell, lease or provide 

under contract 3 the Gaming Enterprise or to the management contractor far use in the Gaming 

Lcterprise any .od or service that would be used in the conduct of gaming or in the handling 
and accounting of the proceeds of gaming, or any gaming device. 

0 4. Gaming Devices. Each gaming device that is proposed to be utilized in 

the conduct of gaming by the Gaming Enterprise. 

5. Gaming FaciIities. Each gaming facility within Santa Clara lands. 

B. Licensinp Procedures. 

1. Each applicant for a Gaming Employee license from the Commission shall 

submit an application, before commencing employment, on the form prescribed by the 

Commission, including all of the information required by the Compact, this Code, and by IGRA, 

and such additional information as the Commission may reasonably determine by regulation to 

be necessary or helpful to the licensing process. 

2. Each application shall be accompanied by a standard form fingerprint card 

containing clear impressions of the appIicantfs fingerprints, which impressions shalI have been 

made and certified by a qualified employee of a law enforcement agency; two photographs of the 

applicant's head and shoulders taken within one (1) month of the date of submission of the 

application; any fees required by the Commission; and such additional material as the 

Com.mission may require by regulation. Each applicant shall also submit a signed statement in 

compliance with the Federal Privacy Act of 1974 and a signed statement and notice regarding 

false statements, all as required by ERA. 

3. Upon receipt of the completed application, the Commission shall proceed 

in accordance with the requirements of IGRA and the Compact and its own regulations to 

determine whether the applicant shouId be licensed. The Commission shall undertake, or cause 

to be undertaken, a background investigation as to each applicant, and shall by regulation 

prescribe the matters to be inquired into as to each category of applicant, consistent with the 

Compact and IGRA. In particular, an investigation undertaken with respect to a prospective key 

employee or primary management official shall be at least as stringent as those described in 25 

C.F.II. Pts. 556 and 558. The Commission shall submit copies of the complete application and 

of the background investigation report to the NIGC and to the State Gaming Representative, as 

required by the Compact and IGRA. 

4. The Gaming Enterprise shall submit applications for licenses for each 

gaming device and gaming facility, within the time and in the manner prescribed by the 

Commission by reguIation, and the Commission shall act on such applications in accordance 

wi:' . its regulations. 

C. Action on Application. Upon completing its review of an application for 

licensing, the completed background investigation and any information or reports received fiorn 

NIGC, the State Gaming Representative or any other gavemmental agency consulted with 

respect to such applicant, the Commission shall determine whether or not to issue the Iicense 

2006 Compilation - Supp. No. 12 -May 21,2008 
sought. No person shall be issued a license hereunder if the Commission determines that such 

\ I. Knowingly misrepresented a materia1 fact on the license 

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

2. 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 

wha.tsoever; 

3. Is not yet twenty-one (21) years of age (except that the 

Commission may, by regulation, define categories of positions within the Gaming Enterprise as 

to which persons who are at least eighteen (I 8) years of age but not yet twenty-one (21) may be 

licet~sed and employed). 

4. Has, within the five (5) years next preceding the date en which the 

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

by jtry verdict, of any crime involving thefi of money or goods having a value in excess of $100, 

or of dishonesty, or of any offense involving gaming, or of any felony; 

5. Is for my other reason a person whose activities, criminal record, 

habits or associations pose a threat to the public interest or to the effective regulation and control 

(- : of gaming, or create or enhance the danger of unsuitable, inappropriate or illegal practices, 

-- metk~ads or activities in the conduct of gaming or the handling of or accounting for the proceeds 

of gaming. The Commission may by regulation establish stncter standards for licensing as to any 

particular category of license, 

D. License Terms. The Commission shall, by regulation, prescribe the term for any 

license issued under the provisions of the gaming code, provided, however, that under no 

circumstances shall any license have a term of more than two (2) years from its date of issuance. 

The 12omrnission shall prescribe procedures for renewal of licenses and any fees applicable 

thereto. 

E. License Suspension or Revocation. The Commission may, at any time following 

notice to the licensee and an opportunity for hearing, suspend or revoke a license that is in effect, 

if it determines that facts exist that, had they been known at the time the license was issued, 

would have justified denying the license. Should the Commission come into the possession of 

information indicating, and make a special finding, that the continued licensing of a particular 

person poses an immediate threat to the public interest or the effective regulation and control of 

gaming, the Commission shall suspend such license immediately, and shall provide an 

oppo:rtunity for a hearing within no more than thirty (30) days from the date of such suspension, 

and following such hearing shall determine whether the suspension should be made permanent. 

The (2ommission shaII, by regulation, prescribe such standards and procedures as it deems 

2006 Compilation - Supp. No, 12 - May 21, 2008 
appropriate with respect to suspension and/or revocation of licenses. 

9 F. m. Whenever the Commission makes any adverse determination on a 

licensing application, or issues any order suspending or revoking an existing license or setting 

fohh its intention ta suspend or revoke an existing license, it shall infarm the applicant or 

licensee of its entitlement to a hearing before the Commission, upon the filing of a written 

request for such hearing within fifteen (1 5) days of the date of receiving notice of the 

Conmission action. The applicant or licensee shall be entitled to be represented by counsel at 

such hearing, and all proceedings at such hearing shalI be either transcribed or recorded, by audio 

or video tape. The Commission shall by regulation prescribe the rules to be observed at such 

hearings, but the rules with respect to receipt of evidence shall be no more restrictive than the 

rules that apply in the Tribal Court. Following any such hearing, the Commission shall issue a 

written decision affirming, rnodifylng, or reversing the order or other action that led to the 

hearing, and the licensee and his or her representative, ifany, shall be provided with a copy of 

such decision. 

G. Appeal. Any party aggrieved by a final decision of the Commission after a 

hearing may appeal that decision by filing a written notice of appeal with the Tribal Court within 

twenty (20) days following the issuance of the Commission's written decision. The appeal in the 

Trib,d Court shall be on the record of the Commission's action, including all testimony and other 

evidlznce received at any hearing before the Commission, and the Tribal Court shall not receive 

any JFurther testimony or any other documentary evidence, unless the party offering such evidence 

demonstrates that such evidence is relevant and material to the issues on appeal, and was 

ty unavailabIe to the party during the proceedings before the Commission. The Tribal Court shall, 

on the basis of the record before the Commission and the briefs and arguments of the parties, 

determine whether or not the Commission abused its discretion in adopting the action 

complained of. The decision of the TribaI Court in any such appeal shall be final, and no further 

appeals will be allowed. 

Enacted by Ra. No. 98-2, January 28, 1998; approved by NIGC, May 29,1998; ammdcd by Res. 02-1 I, May 14,2002; approved by NIGC July 

16,2002; amended by Res. 05-02, January 3 1,2005; approved by NIGC, ApriI 27,2005; amended by Res. NO. 08-03; approved by NIGC, Mq 

F9,20C18. 

Sec. 1 09.8 Financial Records: Audits 

A. Maintenance of Books and Records: Commission Access. The Gaming 

Enterprise shaIl maintain compIete and accurate books of account on the premises of the Gaming 

Facility showing the financia1 condition and transactions of the Gaming Enterprise in the fulIest 

practicable detail, and in accordance with generaIIy accepted accounting principles. The 

Commission shall have access b such books of account without notice at any time during 

ordinary business hours of the Gaming Enterprise. All such financial records in whatever 

medium shall be maintained by the Gaming Enterprise for no less than five (5) years after the 

year l:o which they pertain, and for such longer period as may be ordered by the Commission. 

B. Annual Audit. The Gaming Enterprise shall cause an outside independent 

2006 CampiIation - Supp. No. I2 - May 21,2008 
oertified audit of its gaming operations, which shall specifically include my gaming-related 

mrttracts for purchases of supplies, services or concessions totaling more than $25,000.00 in any 

f-) r 

one calendar year (other than contracts for professional legal or accounting services) to be 

conducted annualIy, and shall deliver the audit report to the Tribal Council, the Commission, and 

the NIGC within ten (10) days of its receipt. 

Enacted by Res. No. 98-2, January28, 1998; approved by MIGC, May 29,1998; amended by Res. 02-1 l, May 14,2002; approvd by NIGC July 

16,2002; amended by Rm. 05-02, January 31,2005; approved by NIGC, April 27,2005; amended by Res. No. 08-03; approved by NIGC, May 

19, 21308. 

Sec. 109.9 Regulation of Gaming Operations 

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

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

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

Gaming Facility, the physical safev of personnel employed by the Gaming Enterprise, the 

physical safe-guarding of assets of the Gaming Enterprise, the protection of the property of 

patrons of the Gaming Facility from any illegaI activity, so as to identify and detain persons who 

may be involved in any ilIegaI act for the purpose of notifying law enforcement authorities, and 

to a:;sist in developing and securing evidence of apparently iZlegaI 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. 

f -1 B. Centralized Computer Monitorinn 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 continuousIy record 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. Hours of Operation. The Gaming Enterprise shall establish the hours of operation 

of the Gaming Facility, consistent with this Gaming Code and the Compact. The Gaming 

Devices and areas within the Gaming Facility in which gaming is conducted shall be closed to 

the plubIic for at Ieast four (4) consecutive hours daily, from 4 a.m. to 8 a.m., Monday through 

Thursday (except on officially-recognized federal holidays). Nothing herein shall precIude the 

Gaming Enterprise from conducting maintenance, cleaning, cash handling, accounting, training, 

security, surveillance and other internal functions at the Gaming Facility during such closing 

periclds. The Gaming Enterprise shall notify the Commission of its hours of operation and any 

changes therein. 

D. Check Cashing. The 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 

bene:ht or social security benefit, welfare or other fom of entitlement or public assistance 

payment. 
E. -r Th Gaming Enterprise shall not extend credit to any patron 

by accepting in exchange fw ash s hm M&k, XW or any other promise to pay, whether 

seared or not. 

F. Automated Teller Machi=. Automated Teller Machines (" ATMs ") on the 

premises of any Gaming Facility shaIl be programed so that they will not accept cards issued by 

state, federal, or tnbal public welfare agencies to recipients of any form of kate, 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 Facil*. 

1. No alcoholic beverages may be sold, served, delivered or consumed within 

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

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

concessionaire thereof, may sell, 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. 

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

who dispenses, sells, sewes or delivers alcoholic beverages in the course of his or her 

employment shall be required by the Gaming Enterprise to attend alcohol server education 0 classes comparable to those required under the New Mexico Liquor Control Ad, NMSA (1 978) L --" $60-BD-1, et seq., at least annually. 

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

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

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

H. Inducements to Patrons to Game. The Gaming Enterprise shall not provide, 

allow, contract to provide or mange to provide alcoholic beverages for no charge or at reduced 

prices, or provide, allow, contract to provide or arrange to provide food or lodgmg for no charge 

ar at nominaI prices, at a Gaming Facility or a lodging facility, as an incentive or enticement for 

patrons to game, except that nothing herein shall prevent the Gaming Enterprise fsom providing 

rewards to patrons in exchange far points or credits accrued under any form of a playersklub 

program, 

1. Compulsive Gamblers. 

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

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

recognizing patrons who may suffer from a compulsive gambling syndrome ("CGS'", and in 

ZOO6 Compilariun - Supp. No. 12 - May 21,2008 
dealing with such persons in accordance with the policies of the Gaming Enterprise. 

A ~.

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 Gaming Facility, but in a manner that will 

mirtimize 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 a11 such policies, and shall conduct in-house training sessions for 

employees at least annually to ensure that all employees are fully versed in the policies and the 

app.ropriate means of carrying them out. 

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

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

referred 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 

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

sup~lort programs for the treatment and assistance of compulsive 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 counsefing, intervention or other services for 

compulsive gamblers in New Mexico, and whose services are available to all persons without 

regad to race or tribaI membership. Expenditures for the training, referrals and other measures 

required by this subsection shall be considered part of the required expenditures. The Gaming 

L Enterprise shall provide to the Commission an annual accounting ofthe expenditures required 

hereunder by no later than ninety (90) days after the end of the calendar year to which the 

accounting pertains, and such accounting shall also be made available to the State Gaming 

Representative, upon reasonable request. 

J. Sanitation Requirements. The Gaming Enterprise shall take steps to ensure that 

aII fclod service operations within a Gaming Facility meet standards and requirements equivalent 

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

seq., and the Gaming Enterprise shall permit New Mexico Department of Environment 

inspectors access to all food 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. 

K. Patron Dis~utes. The Gaming Enterprise shall establish, subject to the 

Com~nission's approval, and shall publish in a conspicuous location within each Gaming Facility 

easily visible to patrons, procedures by which any patron who is dissatisfied with a decision of 

the Gaming Enterprise with respect to the patron's entitIement to n prize, pot, or other benefit 

from a gaming activity conducted by the Gaming Enterprise may have his or her complaint heard 

and decided by the management of the Gaming Enterprise. 

2006 Con~pilation - Supp. No. 12 - May 21, 20118 
L. Gaming Device Standards. Every gaming device in use at a Gaming Facility 

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

(7 devices within the State of Nevada, and the Commission shall by regulation specifically adopt . standards meeting this requirement. 

M. Payout Requirement. Every gaming device in use at a Gaming Facility shall pay 

out ,a mathematically demonstrable percentage of all amounts wagered, which must not be less 

than eighty percent (80%), as determined by a nationally certified gaming device testing 

laboratory, and the Gaming Enterprise shall prominentIy post in visibIe locations within the 

Gaming Facility notices stating that the Gaming Enterprise is in compliance with this 

requirement, and shaI I provide a comprehensible explanation of the meaning of this requirement. 

Enactod by Rw. No. 98-2, January 28, 1998; approved by NIGC, May 29, 1998; amendcd by Res. 02-1 1, May 14,2002: approved by NIGC July 

16,2002; amended by Res. No. 08-03; approved byNIGC, May 19,2008. 

A. Minimum Age Resuirernents. 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 Ill gaming activity who has not aEtained the age of twenty-one (2 1) years. 

B. Job Discrimination. Neither the Pueblo, the Gaming Enterprise nor any 

management contractor shall discriminate in the employment of persons by the Gaming 

Enteirprise or in the Gaming Facility on the grounds of race, color, national origin, gender, sexual 

(5 arien tation, age or handicap. 

.=. d' 

C. Employee Benefits. The Gaming Enterprise shall provide to a11 of its employees 

paid sick Ieave, life insurance, annual leave and medical 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 workers' compensation insurance program offering 

beneihts at least as favorable as those offered by comparable state programs. Unless the Pueblo 

has elected 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' compensation benefits by initiating an action against the 

Gam~ ng Enterprise and the insurer, within thirty (30) days of such determination, in the Santa 

CIara Tribal Court, which court shall hear the matter as an ordinary civil action. 

D. Grievance Procedures. The Gaming Enterprise shall estabIish 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 incIude a process of appeal to at least one 

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

E. Federal Law Standards. The Gaming Enterprise shall establish working 

conditions and wages and hours of work at least meeting the minimum standards contained in the 

2006 Cornpilotion - Supp. No. I2 -May 21,2008 
Federal Fair Labor Standards Act of 1938, the Federal Occupational and Safety Act of f 970, and 

any other federal laws relating to wages, horn of work, conditions of work and regulations 

issued under such laws. L-' 

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

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

related structure that is hded in whole or in part with federal funds shall be paid wages meeting 

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

Enact4:d by Res. No. 98-2, January 28,1998; approved by NIGC, May 29, 1998; amended by Res. 02-1 L, May 14,2001; appmved by NIGC July 

16,2002; amended by Re. 05-02, January 3 1,2005; approved by NIGC, April 27,2005; amended by Res. No. 08-03: appmved by MGC, May 

19, 2008. 

Sec. 109. 11 Management Contracts 

The Commission shall review any management contract entered into or proposed to be 

entered into by the Pueblo or the Gaming Enterprise, to assurethat it compIies with the 

provisions of this Gaming Code, the Compact and IGRA, provided, hawever, that a management 

contract that has been approved by the Chairman of the NTGC under the provisions of IGRA 

shall! be conclusiveIy presumed to comply with the Compact and IGM for purposes of this 

Section. 

Enacted by Res. No. 98-2, Januaiy28.1998; appmved by MGC, May 29,1998; amended by Res. 02-1 I, May 14,2002: approved by NIGC July 

16,2002; amended by Rcs. 05-02, January. 31,2005', approved by NIGC, April 27,2005. 

Sec. 109.12 Facilitv Standards 

f- 

._ Every Gaming Facility licensed hereunder shalI be constructed md maintained in full 

compliance with the standards and requirements of the National Electrical Code, the Uniform 

Building Code, the Uniform Mechanical Code, the Uniform Fire Code and the Uniform 

Plumbing Code, as those Cedes have been adopted or apply within Santa Fe County, New 

Mexico; but nothing herein shall be construed as conferring on any state or local political 

subdivision of the state any jurisdiction or authority to enforce any such Code on Santa Clara 

Lmdls. 

Enacted by Rcs. No. 08-03: approved by NIGC, May 19,2008. 

CHAPTER 1 I0 - CONSUMER PROTECTION 

Sec. 11 0.1 Consumers Protected by State Laws of New Mexico 

All members of the Pueblo of Santa Clara, and residents thereof, are protected by the 

following Consumer Protection Statutes of the State of New Mexico in commercial transaction, 

with dealers licensed by the State of New Mexico, and should avail themselves of their benefits 

and remedies, when applicable. 

2006 CornpiIation - Supp. No. I2 -May 21.2008