TESUQUE PUEBLO

ROUTE 5 BOX 360-T PHONE (505) 983. 2667

SANTA FE. NEW MEXICO 87501 FAX (SOS 982-2331

PUEBLO OF TESUQUE TRIBAL COUNCIL

RESOLUTION NO. 1997- p9-04

AMENDMENT AND RESTATEMENT OF TRIBAL GAMING ORDINANCE

WHEREAS, on or about December 16, 1989, by Resolution No. 1989-12-04, the Tribal

Council of the Pueblo of Tesuque (Pueblo) adopted a Gaming Ordinance for the Pueblo of

Tesuque (Gaming Ordinance), which Gaming Ordinance was amended on or about August 24,

1994, by Resolution No. 1994-08-3, and further amended and restated on April 3, 1997 by

Resolution No. 1997-04-02; and

WHEREAS, on July 9, 1997, a Class III Indian Gaming Compact (Compact) was

executed between the Pueblo and the State of New Mexico, which Compact was deemed

approved on August 29, 1997 by inaction of the Secretaiy of the Interior, to the extent the

Compact is consistent with the Indian Gaming Regulatory Act (IGRA); and

WHEREAS, because the Compact imposes new duties and responsibilities on the Pueblo

with respect to the conduct of Class III gaming on the Pueblo of Tesuque Indian Reservation

(Reservation), the Tribal Council finds it necessary and in the best interests of the Pueblo to

amend, clarify, and update the Gaming Ordinance to assure that games are conducted in a fair,

honest, and professional manner and, to the extent the Compact is consistent with the IGRA, to
ensure that Class III gaming activities of the Pueblo are conducted in compliance with the

Compact; and

WHEREAS, in connection with the changes to the Gaming Ordinance, the Tribal Council

desires to reserve the Pueblos rights to challenge the lawfulness of any new duties, requirements,

responsibilities, or limitations imposed on the Pueblo by the Compact or the revenue sharing

agreement (Revenue Sharing Agreement), which was required to be executed by the Pueblo

contemporaneously with the Compact, with respect to the conduct of Class III gaming on the

Reservation or any new duties, responsibilities, rights, and powers granted to the State of New

Mexico by the Compact or Revenue Sharing Agreement.

BE IT THEREFORE RESOLVED that the Tribal Council hereby adopts the amended and

restated Gaming Ordinance (Amended and Restated Gaming Ordinance), in the form attached

hereto, which amends the Gaming Ordinance by clarifying and updating the Gaming Ordinance

to correct any technical errors, to make the Gaming Ordinance internally consistent and

comprehensive, and to make the Gaming Ordinance consistent with the Compact, IGRA, and the

federal regulations promulgated thereunder.

BE IT FURTHER RESOLVED that, on behalf of the Pueblo, the Pueblos attorneys are

directed to submit this Resolution and the attached Amended and Restated Gaming Ordinance

adopted therein to the National Indian Gaming Commission, along with the Compact, for

approval of these amendments to the Gaming Ordinance, as required by IGRA, 25 U.S.C. §~

2710(b)(1)(B) and 2710(d)(1)(A)(iii); and

BE IT FURTHER RESOLVED that, pursuant to Section 4(B) of the Compact, the

Pueblos Gaming Commission is directed to submit the attached Amended and Restated Gaming

Ordinance to the State Gaming Representative on or before September 28, 1997; and

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BE IT FINALLY RESOLVED that, in connection with the foregoing amendments to the

Gaming Ordinance, the Tribal Council hereby explicitly reserves any and all rights of the Pueblo

to challenge the lawfulness of any new duties, requirements, responsibilities, or limitations

imposed on the Pueblo by the Compact or the Revenue Sharing Agreement, regarding Class III

gaming conducted by the Pueblo, and any new duties, responsibilities, rights, and powers granted

to the State of New Mexico by the Compact or Revenue Sharing Agreement regarding Class III

gaming conducted by the Pueblo.

CERTIFICATION

I, the undersigned, as Governor of the Pueblo of Tesuque, hereby certify that the

foregoing Resolution was duly adopted by a vote off., for an&c~ against, with abs)~Jning,

~pa 9~lypalled meeting of the Tribal Council of the Pueblo of Tesuque held on th~25day of

_____________

1997, at which a quorum was present.

arvin Herrera, Governor

PUEBLO OF TESUQUE

Attest:

cL~/

Council Member

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PUEBLO OF TESUQUE GAMING ORDINANCE

Originally adopted by Resolution No. 1989-12-04, dated

December 16, 1989, as Amended by Resolution No. 1994-08-3,

dated August 24, 1994, as Amended and Restated by Resolution

No. 1997-04-02, dated April 3, 1997, and as Amended and

Restated by Resolution No. 1997-~-~j, dated September~,

1997.
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TABLE OF CONTENTS

SECTION 1. NAME 1

SECTION 2. DEFINITIONS 1

SECTION 3. PURPOSES 7

SECTION 4. INTERPRETATION 7

SECTION 5. GAMING POUCY 7

(a) Games of Chance Prohibited 7

(b) Ownership of Gaming Enterprise 7

(c) Protection of the Environment, Public and Employee Safety, and

Property 7

(d) Licensing Procedures for Employees 8

(e) Providers of Class III Gaming Equipment 8

SECTION 6. PUEBLO OF TESUQUE GAMING COMMISSION 9

(a) Establishment of Commission 9

(b) Powers and Duties 9

(c) Composition; Selection; Term 11

(d) Qualification of Commissioners 11

(e) Removal of Commissioners 12

(f) Resignations and Vacancies 13

(g) Selection of Officers 13

(h) Motions and Resolutions; Meetings; Quorum 13

(i) Cooperation with Law Enforcement Agencies 13

(j) Compensation 14

SECTION 7. LICENSES FOR OPERATING AND CONDUCTING GAMES OF

CHANCE 14

(a) License Required 14

(b) License Application 14

(C) Background Investigations 16

(d) Temporary License 19

(e) Eligibility Determination 20

(f) Additional Background Investigations 20

(g) Procedures for Forwarding Applications and Reports for Key

Employees and Primary Management Officials to the National

Indian Gaming Commission and the State Gaming

Representative 20

(h) Report to the National Indian Gaming Commission and the State

Gaming Representative 21

(i) Granting of a Gaming License 22

(j) Duration and Renewal of Licenses 23
SECTION 8. MANAGEMENT CONTRACT 23

(a) Hiring of Manager 23

(b) License Required Upon Approval of Management Contract 24

(c) Standards for Approval 24

(d) Management Contract Fees 25

(e) Grounds for Disapproval 25

(f) Modification and Revocation of Management Contract 25

(g) Management Contract Binding Upon Approval 26

SECTION 9. FINANCIAL PRACTICES AND REPORTING 26

(a) Monthly Reports 26

(b) Maintenance of Books and Records; Commission Access 26

(c) Allowable Operating Expenses 27

(d) Deposit of Gross Receipts; Payment of Operating Expenses 28

(e) Annual Audit 29

(f) Audit of Contracts 29

(g) Disposition of Net Revenues 29

(h) Compliance with Internal Revenue Code 30

(i) Compliance with Bank Secrecy Act 30

SECTION 10. TESUQUE GAMING ENTERPRISE 30

(a) Establishment of the Enterprise 30

(b) Supervision of Gaming Activities 31

(C) Officer in Charge 31

(d) Premises Open to Commission 31

(e) Provisions Applicable to Bingo Games 32

(f) Provisions Applicable to Class III Gaming Activities 33

(g) Employees; Prohibition Against Employees Engaging in Gaming 38

(h) Qualifications for Employment 39

(i) Preference in Employment 39

(j) Advertisement of Positions 39

(k) Personnel Policies and Benefits 40

(I) Hiring and Training of Employees 40

SECTION 11. SUSPENSION OR REVOCATION OF LICENSE 40

(a) Grounds for Suspension and Revocation 40

(b) Notice; Immediate Suspension 41

(c) Contents of Complaint; Service 41

(d) Answer, Written Orders 42

(e) Hearing; Written Decision 42

(f) Appeal to Council 42

(g) Surrender of License 43

(h) Additional Sanctions 43
SECTION 12. VIOLATIONS; JURISDICTION; ENFORCEMENT OF

SUBPOENAS 43

(a) Criminal Penalties 43

(b) Civil Sanction 44

(c) Tribal Court Jurisdiction 45

(d) Enforcement of Council and Commission Orders 45

SECTION 13. PATRON DISPUTES AND VISITOR CLAIMS 46

(a) Procedures for Resolving Patron Disputes 46

(b) Resolving Patron and Visitor Claims of Liability for Bodily Injury

or Property Damage 47

(c) Posting of Notice 48

(d) Public Health and Safety 48

SECTION 14. MISCELLANEOUS 49

(a) Severability 49

(b) Gender 49
PUEBLO OF TESUQUE GAMING ORDINANCE

BE IT ENACTED BY THE COUNCIL OF THE PUEBLO OF TESUQUE: An Ordinance

to Govern, Regulate, and Control Gaming Activities on the Pueblo of Tesuque Indian

Reservation.

SECIlON 1. NAME The name of this Ordinance shall be the Pueblo of Tesuque

Gaming Ordinance.

SECTION 2. DEFINI11ONS In this Ordinance, unless the context otherwise requires:

(a) Bingo Game 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 cards covers such numbers or designations when

objects, similarly numbered or designated, are drawn or electronically determined, and in which

the game is won by the first person covering a previously designated arrangement of numbers or

designations on such cards, including (if played in the same location) pull-tabs, lotto, punch

boards, tip jars, instant bingo, and other games similar to bingo.

(b) Class II Gaming means those games described in 25 U.S.C. § 2703(7)(A)

and 25 C.F.R. § 502.3, including but not limited to Bingo Games.

(C) Class III Gaming means all forms of gaming as defined in 25 U.S.C. §

2703(8) and 25 C.F.R. § 502.4.

(d) Commission means the Pueblo of Tesuque Gaming Commission, which

is the agency of the Pueblo to be identified to the State Gaming Representative as the Tribal

Gaming Agency responsible for the regulatory actions of the Pueblo of Tesuque under the

Compact between the Pueblo of Tesuque and the State of New Mexico.
(e) Compact means the Class III Indian Gaming Compact, executed between

the Pueblo of Tesuque and the State of New Mexico on July 9, 1997, and considered approved

on August 29, 1997 by the Secretafy of the Interior to the extent the Compact is consistent with

the Indian Gaming Regulatory Act.

(f) Council means the Pueblo of Tesuque Tribal Council, the governing body

of the Pueblo of Tesuque.

(g) Equipment includes, with respect to Bingo Games, the receptacle and

numbered objects drawn from it; the master board upon which such objects are placed as drawn;

the cards or sheets bearing numbers or other designations to be covered and the objects used to

cover them; the board or signs, however operated, used to announce or display the numbers or

designations as they are drawn; the public address system; and all other articles essential to the

operation, conduct, and playing of Bingo Games.

(h) Games of Chance means all forms of Class II and Class III Gaming, but

shall not include social games played solely for prizes of minimal value, or traditional forms of

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

celebrations.

(i) Gaming Device means a Gaming Machine or associated equipment, and

includes a system for processing information that can alter the normal criteria of random selection

that affects the operation of a Class III Game or determines the outcome of a Class III Game;

Gaming Device does not include a system or device that affects a Class III Game solely by

stopping its operation so that the outcome remains undetermined.

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(j) Gaming Enterprise means the business entity established and operated by

the Pueblo of Tesuque, acting through the Council, to conduct and operate Games of Chance on

the Reservation.

(k) Gaming Facility means the buildings or structures in which Class II and

Class III Gaming activities are operated on the Reservation pursuant to this Gaming Ordinance.

(1) Gaming Machine means a mechanical, electromechanical, or electronic

contrivance or machine that, upon insertion of a coin, token, or similar object, or upon payment

of any consideration, is available to play or operate a Class III Game, whether the payoff is made

automatically from the Gaming Machine or in any other manner.

(m) Gaming Ordinance means this Pueblo of Tesuque Gaming Ordinance, as

it now exists or as it may be amended hereinafter from time to time.

(a) Gaming Services means any goods or services, except legal and accounting

services, provided to the Pueblo of Tesuquc in connection with the operation of Class II or Class

III Gaming in any Gaming Facility, including but not limited to equipment, transportation, food,

linens, janitorial supplies, maintenance, or security services, in an amount in excess of ten

thousand dollars ($10,000) in any single month.

(o) Governor means the Governor of the Pueblo of Tesuque.

(p) Gross receipts means receipts from the sale of shares, tickets, or rights in

any manner connected with participation or the right to participate in any Game of Chance,

including but not limited to any admission fee or charge, the sale of merchandise, refreshments,

souvenirs, services, equipment, or supplies, interest earned on deposits, and all other

miscellaneous receipts.

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(q) Indian means any person who is a member of a federally-recognized

Indian tribe or who is recognized as an Indian under federal law;

(r) Key Employee means:

(1) A person who performs one or more of the following functions:

A. Bingo caller;

B. Counting room supervisor,

C. Chief of Security;

D. Custodian of gaming supplies or cash;

E. Floor manager;

F. Pit boss;

G. Dealer;

H. Croupier;

I. Approver of credit; or

J. 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.

(s) License means a license duly issued by the Commission to any person

required to be licensed in accordance with the licensing procedures set forth in this Gaming

Ordinance.

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(t) Licensee means any person who has been duly licensed by the

Commission.

(u) Management Contract means a contract within the meaning of 25 U.S.C.

§~ 2701(d)(9) and 2711 and as defined in 25 C.F.R. § 502.14.

(v) Management Contractor means any person or entity that has entered into

a Management Contract with the Pueblo of Tesuque.

(w) Manager means the manager of the Gaming Enterprise hired directly as

an employee or pursuant to a Management Contract under Section 8 of this Gaming Ordinance.

(x) Member of the Pueblo of Tesuque means an enrolled member of the

Pueblo of Tesuque.

(y) National Indian Gaming Commission means the National Indian Gaming

Commission established by the Indian Gaming Regulatory Act, 25 U.S.C. §~ 2701-21, 18 U.S.C.

§~ 1166-68.

(z) Net Revenues means the gross revenues of a gaming operation at a

Gaming Facility less amounts paid out as, or paid for prizes and total gaming-related operating

expenses, excluding management fees.

(aa) Net Win means the total amount wagered at a Gaming Facility on

Gaming Machines less the following amounts:

(1) the annual amount paid out in prizes from Class III Gaming on

Gaming Machines;

(2) the actual amount of regulatory fees paid to the State of New

Mexico; and

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(3) the sum of two hundred fifty thousand dollars ($250,000) per year

as an amount representing tribal regulatory fees, with these amounts increasing by five percent

(5%) each year beginning on the first day of January occurring after the Compact has been in

effect for at least twelve (12) months.

(ab) Person means a natural person, firm, association, partnership, joint

venture, corporation, or other legal entity.

(ac) Primary Management Official means:

(1) The person having management responsibility for a Management

Contract;

(2) Any person who has authority:

A. To hire and fire employees; or

B. To establish working policy for the gaming operation; or

(3) The chief financial officer or other person who has financial

management responsibility.

(ad) Reservation means all lands within the exterior boundaries of the Pueblo

of Tesuque Indian Reservation and its confirmed grants from prior sovereigns and any lands title

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

member thereof and held by the Pueblo of Tesuque subject to a restriction by the United States

against alienation, and over which lands the Pueblo of Tesuque exercises governmental power.

(ae) State Gaming Representative means the person or agency designated by

the State of New Mexico to be responsible for actions of the State set out in the Class III Indian

Gaming Compact between the Pueblo of Tesuque and the State of New Mexico.

(af) Treasurer means the Treasurer of the Pueblo of Tesuque.

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(ag) Tribal Court means the Pueblo of Tesuque Tribal Court.

SECTION 3. PURPOSES The purposes of this Gaming Ordinance are to make lawful

and to regulate the operation, conduct, and playing of Games of Chance on the Reservation, so

that such games are conducted in a fair and honest manner, affording patrons a fair chance to

win in accordance with the nature of the games, and so that revenue may be generated by such

games to fund tribal governmental operations and programs that promote the health, education,

and welfare of the Pueblo of Tesuque and its members and that promote tribal economic

development.

SECTION 4. INTERPRETATION This Gaming Ordinance is an exercise of the

sovereign power of the Pueblo of Tesuque and shall be liberally construed for the accomplishment

of its purposes and to comply with the Indian Gaming Regulatory Act.

SECTION 5. GAMING POLICY

(a) Games of Chance Prohibited No person may operate or conduct any

Games of Chance within the boundaries of the Reservation except in accordance with the

provisions of this Gaming Ordinance.

(b) Ownership of Gaming Enterprise The Pueblo of Tesuque, acting through

the Council, shall have the sole proprietary interest in and responsibility for the operation and

conduct of any Games of Chance operated or conducted on the Reservation.

(c) Protection of the Environment, Public and Employee Safety, and Property

The construction and maintenance of any Gaming Facility and the operation and conduct of any

and all Games of Chance, shall be done in a manner that adequately protects the environment,

the safety and property of patrons at the Gaming Facility, the safety of employees of the Gaming

Enterprise, and the property of the Gaming Enterprise.

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(d) Licensin2 Procedures for Employees Licensing procedures shall be adopted

by the Commission and such procedures shall be enforced strictly for all employees of Class II

and Class III Gaming operations pursuant to 25 C.F.R. § 558.1(b), including but not limited to

the Manager, Primary Management Officials, Key Employees, and all others subject to the

licensing requirements of this Gaming Ordinance.

(e) Providers of Class HI Gamin2 E~uipment Any and all Class III Gaming

Machines, Gaming Devices, equipment, or supplies to be purchased, leased, or otherwise acquired

by the Pueblo of Tesuque or Gaming Enterprise for use in conducting Class III Gaming shall

comply with the standards imposed by the State of Nevada on Class III Gaming Machines,

Gaming Devices, equipment, or supplies. Compliance with such standards shall begin no later

than thirty (30) days after the effective date of the Compact, provided that any and all Class III

Gaming Machines, Gaming Devices, equipment, or supplies already in use at a Gaming Facility

on the effective date of the Compact shall be replaced or upgraded, if necessary, to comply with

such standards by no later than one (1) year after the effective date of the Compact. Prior to

entering into any future lease or purchase agreement for Class III Gaming Machines, Gaming

Devices, equipment, or supplies, the Commission shall obtain sufficient information and

identification from the proposed seller or lessor and all persons holding any direct or indirect

financial interest in the seller or lessor or the lease or purchase agreement to permit the

Commission to license those persons in accordance with the licensing requirements in this Gaming

Ordinance. The seller, lessor, manufacturer, or distributor shall provide, assemble, and install all

Class III Gaming Machines, Gaming Devices, equipment, and supplies in a manner approved by

the Commission.

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SECTION 6. PUEBLO OF TESUOUE GAMING COMMISSION

(a) Estabhshment of Commission The Pueblo of Tesuque Gaming

Commission is hereby established for purposes of regulating all Games of Chance within the

Reservation and enforcing this Gaming Ordinance.

(b) Powers and Duties The Commission shall have the following powers and

duties:

(1) To permit or refuse to permit the operation or conduct of any

Games of Chance within the Reservation and to specify the conditions, therefor, provided that

the operation or conduct of any Games of Chance must be approved by a Resolution of the

Council.

(2) Subject to ultimate appeal to the Council, to grant, suspend,

reinstate, or revoke any and all Licenses issued or required to be issued in accordance with this

Gaming Ordinance.

(3) To monitor and oversee the operation and conduct of all Games of

Chance within the exterior boundaries of the Reservation on a continuing basis, including but not

limited to ongoing monitoring and oversight of Licensees engaged in the operation and conduct

of such games.

(4) To inspect and examine all Gaming Facilities within the Reservation

at which Games of Chance are played during all hours of Class II and Class III Gaming activity

and to have immediate, unrestricted access to any and all areas of a Gaming Facility for ensuring

compliance with this Gaming Ordinance and the Compact.

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(5) To conduct or cause to be conducted background investigations of

persons involved, directly or indirectly, in the operation or conduct of Games of Chance within

the exterior boundaries of the Reservation.

(6) To inspect, examine, photocopy, and audit all papers, books, and

records respecting gross receipts of gaming activities operated or conducted within the exterior

boundaries of the Reservation and any other matters necessary to cariy out the duties of the

Commission under this Gaming Ordinance.

(7) Subject to the approval of the Council, to enter into contracts with

tribal, federal, state, and private entities for activities necessary to the discharge of the duties of

the Commission and to contract with the National Indian Gaming Commission for the

enforcement of federal regulations governing gaming on Indian reservations

(8) Subject to the approval of the Council, to establish fees for

applications for Licenses and fees for Licensees based on a percentage of the gross receipts of

Games of Chance operated or conducted by such Licensees.

(9) To require by written order the attendance and testimony of

witnesses and the production of all books, papers, and documents relating to any matter under

consideration or investigation by the Commission, and, subject to the approval of the Council, to

bring actions in the Tribal Court for the enforcement of such order.

(10) To administer oaths and affirmations to witnesses appearing before

the Commission.

(11) To keep minutes, records, and books in which shall be kept a true,

faithful, and correct record of all proceedings before the Commission.

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(12) To recommend amendments to this Gaming Ordinance to the

Council.

(13) To submit quarterly reports to the Council on the activities of the

Commission.

(14) To carry out the responsibilities and exercise the rights of the Tribal

Gaming Agency under the Compact, to obtain any necessary approvals from the Governor or

Council for all such activities, and to report to the Governor and Council on all such activities

annually and upon request.

(15) Subject to the consent of the Council, to hire and fire employees as

necessary to discharge the Commissions duties.

(16) To record and investigate unusual occurrences related to Class II

and Class III Gaming at a Gaming Facility and to cause persons who may be involved in illegal

acts to be detained for the purpose of notifying appropriate law enforcement authorities.

(c) Composition; Selection; Term The Commission shall consist of three (3)

Commissioners appointed by the Council. Each Commissioner shall serve for a term of five (5)

years; provided that, in order to stagger the expiration of terms of office, the first Commissioner

appointed shall serve a five-year term; the second Commissioner appointed shall serve a threeyear term; and the third Commissioner appointed shall serve a two-year term. A Commissioner

may serve after the expiration of his or her term of office until a successor has been appointed,

unless such Commissioner has been removed for cause under Subsection (e) of this Section. A

Commissioner may be reappointed to serve for one or more additional terms.

(d) Qualification ofCommissioners Two (2) Commissioners must be Members

of the Pueblo of Tesuque, and one (1) Commissioner must be a non-member of the Pueblo of

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Tesuque. No person shall be eligible or qualified to serve or continue to serve as Commissioner

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

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

(2) Has any financial interest in, or management responsibility for, any

gaming activity or supplier of gaming equipment; or

(3) Has a financial interest in, or management responsibility for, any

Management Contract submitted to the Council for review or approval.

(e) Removal of Commissioners A Commissioner may be involuntarily removed

from office by the Council before the expiration of his or her term in accordance with the

following procedures:

(1) Removal of a Commissioner may be initiated by a member or

members of the Council, who shall provide the Governor with a written request specifying the

causc for removal, signed by not fewer than six (6) members of the Council;

(2) The cause for removal shall be limited to: (I) Conviction in any court

of a felony or crime involving moral turpitude; (ii) failure to meet or maintain the qualifications

for Commissioners set forth in Subsection (d) of this Section; (iii) gross neglect of duty;

(iv) malfeasance in office; or (v) conduct that amounts to gross and intentional disregard of the

laws and procedures applicable to the affairs of the Commission;

(3) Not less than twenty (20) nor more than thirty (30) days following

receipt of the written request for removal, the Council shall convene a special meeting for the

sole purpose of voting on the removal of the Commissioner. Before any vote is taken, 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; and

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(4) To remove a Commissioner from office, the affirmative vote of no

fewer than six (6) of the members of the Council is required.

(t) Resignations and Vacancies A Commissioner may resign at any time by

giving written notice of such to the Chairperson of the Commission and to the Governor. The

resignation shall become effective at the time specified in such notice, and the 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 Commissioners term

by a qualified person appointed by the Governor with a written consent of the Council.

(g) Selection of Officers The Commission shall select annually by majority vote

one of its members to serve as Chairperson and one of its members to serve as Vice

Chairperson/Secretary. The Vice Chairperson/Secretary shall serve as Chairperson during

meetings of the Commission at which the Chairperson is absent.

(h) Motions and Resolutions; Meetin2s; Quorum The powers of the

Commission are vested in the Commissioners. All official actions of the Commission shall be

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

The Commission shall meet at the call of the Chairperson or a majority of the Commissioners.

Two (2) members of the Commission shall comprise a quorum.

(1) Cooperation with Law Enforcement Agencies The Commission may

cooperate with law enforcement officials of the State of New Mexico, the Bureau of Indian

Affairs, the Federal Bureau of Investigation, and other law enforcement agencies, when such

cooperation is in the best interests of the Pueblo of Tesuque and will assist in assuring that fair,

honest, and efficient Games of Chance are operated and conducted within the Reservation.

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~) Compensation The Commissioners shall be compensated as determined

by the Council.

SECTION 7. LICENSES FOR OPERATING AND CONDUCTING GAMES OF

CHANCE

(a) License Required Every Key Employee and Primary Management Official

of the Gaming Enterprise (but excluding the Pueblo of Tesuque), the Management Contractor

and its principals, Primary Management Officials and Key Employees (if the Gaming Enterprise

is managed under a Management Contract); any person that has supplied or proposes to supply

any Gaming Machine or Gaming Device to the Pueblo of Tesuque, Gaming Enterprise, or the

Management Contractor, if any; and each person providing Gaming Services within or without

a Gaming Facility shall apply for a License from the Commission as required by the provisions

of this Section. A separate License shall be required for each location of a Gaming Facility.

(b) License Application Each Applicant for a License shall file with the

Commission a written application in the form prescribed by the Commission, along with the

Applicants fingerprint card, current photograph, and the fee required by the Commission.

(1) The following notice shall be placed on the application form for all

employees before that form is filled out by an applicant:

In compliance with the Privacy Act of 1974, the following

information is provided: Solicitation of the information on this

form is authorized by 25 U.S.C. §~27O1, et seq. The purpose of the

requested information is to determine the eligibility of individuals

to be employed in a Gaming Operation. The information will be

used by members and staff of the Tesuque Gaming Commission

and the National Indian Gaming Commission, which have need for

the information in the performance of their official duties. The

information may be disclosed to appropriate federal, tribal, state,

local, or foreign law enforcement and regulatory agencies when

relevant to civil, criminal, or regulatory investigation or prosecution

or when, pursuant to a requirement by a tribe or the National

Indian Gaming Commission, the information is relevant to the

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hiring or firing of an employee, the issuance or revocation of a

gaming license, or investigation of activities while associated with

a tribe or a Gaming Operation. Failure to consent to the

disclosures indicated in this notice will result in a tribes being

unable to hire you in a primary management official or key

employee position with a tribal gaming enterprise.

The disclosure of your Social Security Number (SSN) is voluntary.

However, failure to supply an SSN may result in errors in

processing your application.

(2) Existing Key Employees and Primary Management Officials shall be

notified in writing that they shall either:

A. Complete a new application form that contains the Privacy

Act notice; or

B. Sign a statement that contains the Privacy Act notice and

consent to the routine uses described in that notice.

(3) The following notice shall be placed on the application form for all

employees before that form is filled out by an applicant:

A false statement on any part of your application may be grounds

for not hiring you, or for firing you after you begin work. Also, you

may be punished by fine or imprisonment. See 18 U.S.C. §1001.

(4) The Commission shall notify all existing employees in writing that

they shall either:

A. Complete a new application form that contains a notice

regarding false statements; or

B. Sign a statement that contains the notice regarding false

statements.

15
(c) Background Investigations

(1) Upon receipt of a completed application and the required fee, the

Commission shall conduct or cause to be conducted a background investigation to ensure that the

applicant is qualified for licensing.

(2) The background investigation shall be at least as stringent as is

required by the Compact and 25 C.F.R. Part 556, and shall provide all available information

necessary to the determination required under 25 C.F.R. § 558.2. In particular, the Commission

shall cause a thorough criminal history check to be made of each applicant, by having the

National Indian Gaming Commission process the applicants fingerprint card through the Federal

Bureau of Investigation.

(3) The Commission shall request from each applicant, and from each

principal, Primary Management Official, and Key Employee of each applicant, all of the following

information:

A. Full name, other names used (oral or written), social security

number(s), birth date, place of birth, citizenship, gender, and all languages spoken or written;

B. Currently and for the previous ten (10) years, business and

employment positions held, ownership interests in those businesses, business and residence

addresses, and drivers license numbers; provided that all applicants for positions as Primary

Management Official, Key Employee, Management Contractor, manufacturer or supplier of

Gaming Machines or Gaming Devices, and/or a person providing Gaming Services, must provide

such information currently and from the age of eighteen (18);

16
C. The names and current addresses of at least three (3)

personal references, including one (1) personal reference who was acquainted with the applicant

during each period of residence listed in Subsection (c)(3)(B) of this Section;

D. Current business and residence telephone numbers;

E. A description of any existing and previous business

relationships with Indian tribes, including ownership interests in those businesses, and a

description of any potential or actual conflict of interest between such businesses and Indian

tribes;

F. A description of any existing and previous business

relationships in the gaming industry, including but not limited to ownership interests in those

businesses;

G. The name and address of any licensing or regulatory agency

with which the applicant has filed an application for a license or permit related to gaming,

whether or not such license or permit was granted;

H. For each felony charge for which there is an ongoing

prosecution or a conviction, the charge, the date of the charge, the name and address of the court

involved, and the disposition, if any;

I. For each misdemeanor charge forwhich there is an ongoing

prosecution or conviction (excluding minor traffic charges), the charge, the date of the charge,

the name and address of the court involved, and the disposition, if any;

J. For each criminal charge (excluding minor traffic charges),

whether or not there is a conviction, if such criminal charge is not otherwise listed pursuant to

17
I

Subsection (c)(3)(H) or (c)(3)(I) of this Section, the criminal charge, the date of the charge, the

name and address of the court involved, and the disposition, if any;

K. The name and address of any licensing or regulatory agency

with which the person has filed an application for an occupational license or permit, as an

applicant, principal, Primary Management Official, or Key Employee, and whether or not such

license or permit was granted;

L. A current photograph;

M. Fingerprints taken by the Pueblo of Tesuque Law

Enforcement Department or the Bureau of Indian Affairs Law Enforcement Agency;

N. The fee required by the Commission; and

0. Any other information the Commission deems relevant.

(4) In conducting a background investigation, the Commission and its

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

of the investigation.

(5) Background checks of applicants will be performed pursuant to the

following procedures:

A. The Commission will provide applications to potential

applicants upon request, and shall collect and maintain the applications;

B. The Commission shall investigate or cause to be investigated

the information provided in the applications. Such investigation will include: (i) contacting

persons or entities identified in the application and verifying by written or oral communication

that the information contained in the application is accurate; (ii) interviewing a sufficient number

of knowledgeable people, such as former employers, partners, business associates, and others

18
referred to in the application, to provide a basis for the Commission to make a determination on

whether the applicant meets applicable eligibility requirements; (iii) reviewing relevant financial

records of the applicant for the three (3) years preceding the application; and (iv) contacting any

state, federal, or other government agency that is referred to in the application.

C. The Commission shall document any information obtained

that calls into question whether the applicant meets the eligibility requirements under this Gaming

Ordinance. The disposition of these problem areas shall be documented in detail, indicating the

follow-up investigations performed on the problem areas and the result of such investigations.

D. The Commission will review the results of the investigation

for all persons subject to licensing, including a determination as to the scope of the investigation

and whether sufficient information was obtained and verified. If such information is found to be

insufficient, the Commission will perform additional investigations.

E. Once the investigation is complete, the Commission will

decide whether the applicant meets the eligibility requirements under the Gaming Ordinance.

F. In conducting a background investigation and review, the

Commission and its agents and all persons privy to the information shall keep confidential the

identity of each person interviewed in the course of investigation.

(d) Temporary License Within twenty (20) days of the receipt of a completed

application for licensing, and upon request of an applicant, the Commission may issue a

temporary License to the applicant unless the background investigation undertaken discloses that

the applicant has a criminal history, or unless other grounds sufficient to disqualify the applicant

are apparent on the face of the application. The temporary License shall become void and be of

19
*

no effect upon either (1) the issuance of the License; (2) the issuance of a notice of denial; or

(3) ninety (90) days after the Licensee has begun working.

(e) Eligibility Determination The Commission shall review the persons prior

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

concerning eligibility of an applicant, or a principal, Key Employee, or Primary Management

Official of an applicant, for employment or involvement in the Gaming Enterprise. Upon

completion of the investigation, the Commission shall either determine that an applicant is eligible

to be licensed or deny the application. If the Commission determines that employment or

involvement of any person or applicant poses a threat to the public interest or to the effective

regulation of a Class II or Class III Gaming activity, or creates or enhances dangers of unsuitable,

unfair, or illegal practices and methods and activities in the conduct of Class II or Class III

Gaming Activity, the Commission shall deny the application.

(f) Additional Background Investigations The Commission retains the right

to conduct additional background investigations of any person required to be licensed at any time

while the license is valid.

(g) Procedures for Forwarding Applications and Reports for Key Employees

and Primary Management Officials to the National Indian Gaming Commission and the State

Gaming Representative

(1) When a Key Employee or Primary Management Official begins work

at the Gaming Enterprise, the Commission shall forward to the National Indian Gaming

Commission and the State Gaming Representative a completed application for employment and

conduct the background investigation and make the eligibility determination referred to in

Subsection (e) of this S~~ction.

20
(2) The Commission shall forward the report referred to in Subsection

(h) of this Section to the National Indian Gaming Commission and the State Gaming

Representative within sixty (60) days after an employee begins work or within sixty (60) days of

the approval of the Compact by the Secretary of the Interior.

(3) The Gaming Enterprise shall not employ as a Key Employee or

Primary Management Official a person who does not have a License after ninety (90) days.

(h) Report to the National Indian Gamin2 Commission and the State Gamin2

Representative

(1) Pursuant to the procedures set out in Subsection (g) of this Section,

the Commission shall prepare and forward to the National Indian Gaming Commission and to

the State Gaming Representative an investigative report on each background investigation on

each applicant for a License. An investigativc report shall include all of the following:

A. steps taken in conducting the background investigation;

B. results obtained;

C. conclusions reached; and

D. the bases for those conclusions.

(2) The Commission shall submit with the report a copy of the eligibility

determination made under subsection (e) of this Section.

(3) If a license is not issued to an applicant, the Commission:

A. Shall notify the National Indian Gaming Commission and

State Gaming Representative; and

21
B. May forward copies of its eligibility determination and

investigative report (if any) to the National Indian Gaming Commission for inclusion in the Indian

Gaming Individuals Records System.

(4) With respect to principals, Key Employees, or Primary Management

Officials, the Commission shall retain applications for employment and reports (if any) of

background investigations for no less than three (3) years from the date of termination of

employment.

(i) Granting of a Gaming License

(1) If, within a thirty (30) day period after the National Indian Gaming

Commission receives an investigative report, the National Indian Gaming Commission notifies the

Commission that it has no objection to the issuance of a License, and the State Gaming

Representative has no objections within thirty (30) days following its receipt of an investigative

report, the Commission may issue a License to the applicant.

(2) The Commission shall respond to a request for additional

information from the Chairman of the National Indian Gaming Commission or the State Gaming

Representative concerning a principal, Key Employee, or Primary Management Official who is

the subject of an investigative report. Such a request shall suspend the thirty (30) day period

under Subsection (i)(1) of this Section until the Chairman of the National Indian Gaming

Commission and/or State Gaming Representative receives the additional information; provided

that, in no event shall a request for additional information by the State Gaming Representative

extend the thirty (30) day period under Subsection (i)(1) of this Section fora total period of more

than sixty (60) days from the date the State Gaming Representative received the investigative

report.

22
(3) If, within the thirty (30) day period described above, the National

Indian Gaming Commission or State Gaming Representative provides the Commission with a

statement itemizing objections to the issuance of a License to a principal, Key Employee, or

Primaty Management Official for whom the Commission has provided an application and

investigative report, the Commission shall reconsider the application, taking into account the

objections itemized by the National Indian Gaming Commission and/or State Gaming

Representative, and shall make a final decision whether to issue a License to such applicant.

U) Duration and Renewal of Licenses A License shall be effective for a time

period to be specified by the Commission, not to exceed three (3) years from the date of its

issuance; provided that, a Licensee that has applied timely for a renewal may continue to be

employed or engaged or to conduct business under an expired License until action is taken on

the renewal application by the Commission. Applicants seeking renewal of a License shall pay

a renewal fee and update information, as requested, on the appropriate renewal forms, but, in

the discretion of the Commission, may not be required to resubmit historical data already

available to the Commission.

SECTION 8. MANAGEMENT CONTRACT

(a) Hirin2 of Manager The Council may hire and employ a Manager to

manage and direct the day-to-day business affairs of the Gaming Enterprise. The Manager may

be hired directly as an employee of the Pueblo of Tesuque, or pursuant to a written Management

Contract. A Management Contract must conform to the requirements of this Gaming Ordinance,

tribal law, and the Indian Gaming Regulatory Act and regulations promulgated thereunder, and

any such contract must be approved by the Council in accordance with the provisions of this

23
Section, and must further be approved by the Chairman of the National Indian Gaming

Commission in accordance with the provisions of 25 C.F.R. Part 533.

(b) License Required Upon Approval ofManagement Contract Upon approval

of any Management Contract, all principals, Primary Management Officials, and Key Employees

of the Management Contractor must obtain a License from the Commission within sixty (60) days.

(c) Standards forApprovaL The Council may approve a Management Contract

only if the contract provides:

(1) For the adoption and maintenance of adequate accounting

procedures and for verifiable financial reports to be prepared and submitted to the Council on

a monthly basis;

(2) For access of the Commission to the daily operations of the gaming

and for permission for the Commission to verify the daily gross revenues and income madc from

Class II and Class III Gaming activity.

(3) For a minimum guaranteed payment to the Pueblo of Tesuque,

which payment must be made prior to retirement of any development and construction costs;

(4) For an agreed ceiling for the repayment of development and

construction costs;

(5) For a contract term not to exceed five (5) years, except that the

Council may authorize a contract term that exceeds five (5) years but does not exceed seven (7)

years if the Council is satisfied that the investment required and the income projections for the

gaming activity require the additional time;

(6) For grounds and procedures for terminating such contract;

24
(7) That the Management Contractor has no authority to waive the

Pueblo of Tesuques sovereign immunity without a duly passed resolution of the Council on a

contract by contract basis;

(8) Requires that all Class III Gaming covered by the Management

Contract will be conducted in accordance with this Gaming Ordinance, the Compact, and the

Indian Gaming Regulatory Act; and

(9) All other provisions required by 25 C.F.R. § 531.1.

(d) Mana2ement Contract Fees The Council may approve a Management

Contract providing for a fee based upon a percentage of the Net Revenues. Such fee shall not

exceed thirty percent (30%) of the Net Revenues, except that the Council may approve a

Management Contract providing for a fee that exceeds thirty percent (30%) but not forty percent

(40%) of the Net Revenues of a gaming activity if the Council is satisfied that the capital

investment required and income projections for such gaming activity require the additional fee.

(e) Grounds for Disapproval The Council shall not approve any Management

Contract if the Council determines that:

(1) The Management Contractor, or any principal, Primary Management

Official, or Key Employee of the Management Contractor, is not licensed or is ineligible to be

licensed; or

(2) A trustee, exercising the skill and diligence that a trustee is

commonly held to, would not approve the contract.

(f) Modification and Revocation of Mana2ement Contract The Council shall

have the authority to require appropriate contract modifications and may void any Management

25
Contract if it determines that this Gaming Ordinance or the Management Contract has been

violated.

(g) Management Contract Binding Upon Approval No Management Contract,

and no modification, revision, or amendment thereto, shall be binding upon the Pueblo of

Tesuque unless and until approved by the Council and by the Secretary of the Interior or the

Chairman of the National Indian Gaming Commission.

SECTION 9. FINANCIAL PRACTICES AND REPORTING

(a) Monthly Reports On or before the twentieth (20th) day of each month,

the Manager shall file with the Commission and the Council a certified financial report for the

preceding calendar month showing the amount of gross receipts derived from Games of Chance,

the operating expenses incurred or paid, the specific classifications of such expenses, and the Net

Revenues derived from Games of Chance. It is the duty of the Manager to maintain and keep

such books and records as may be necessary to substantiate the particulars of each report. If the

Manager fails to file a report within the time allowed, or if a report is not properly certified or

not fully, accurately, and truthfully completed, the License of the Manager may be suspended

until such time as the deficiency has been corrected.

(b) Maintenance of Books and Records; Commission Access Full and accurate

books of account shall be kept on the premises of a Gaming Facility showing the condition of the

business and all transactions relating to Games of Chance therein. The Commission and the

Council shall have access to such books of account and shall be entitled to examine them without

notice at any time, either in person or by an agent. All records of Games of Chance in whatever

medium shall be maintained for not less than six (6) years. Such records shall include:

26
(1) Revenues, expenses, assets, liabilities, and equity for each Gaming

Facility;

(2) Daily cash transactions for each Class III Gaming activity at each

Gaming Facility, including but not limited to transactions relating to each gaming table bank,

game dropbox, and gaming room bank;

(3) All returned checks, hold checks, or other similar credit instruments;

(4) Individual and statistical game records (except card games) to reflect

statistical drop and statistical win; for electronic, computer, or other technologically assisted

games, analytic reports that show the total amount of cash wagered and the total amount of prizes

won;

(5) Contracts, correspondence, and other transaction documents relating

to all vendors and contractors;

(6) Records of all tribal gaming enforcement activities;

(7) Audits prepared by or on behalf of the Pueblo of Tesuque or the

Gaming Enterprise;

(8) Personnel information on all Class III Gaming employees or agents,

including rotation sheets, hours worked, employee profiles, and background checks.

(C) Allowable Operatin2 Expenses No item of expense shall be incurred or

paid in connection with operating or conducting any Games of Chance except a bOna fide expense

in a reasonable amount. Expenses may be incurred for such items and purposes that a similar

enterprise would incur or pay under generally acceptable accounting principles, including but not

limited to the following:

(1) For the purchase of goods, wares, and merchandise furnished;

27
(2) For services rendered by the Manager (including repayment of

development fees and construction costs, if any) for maintenance or reports of gaming and related

equipment, and for operating or conducting Games of Chance;

(3) For regulatory fees required to be paid to the Pueblo of Tesuque,

the National Indian Gaming Commission, or the State of New Mexico under the Compact;

(4) For rent, janitorial, and security services;

(5) For legal and accounting fees;

(6) For taxes and license fees;

(7) For utilities and trash removal costs;

(8) For advertising;

(9) For vehicle expenses;

(10) For insurance;

(11) For the interest portion of any debt payments;

(12) For employee training;

(13) For necessary and appropriate business travel;

(14) For employee wages; and

(15) For prizes for winners of Games of Chance.

(d) Deposit of Gross Receipts; Payment of Operating Expenses All gross

receipts shall be deposited in a separate Gaming General Operating Account of the Pueblo of

Tesuque which shall contain only gross receipts. All operating expenses shall be withdrawn from

such account by consecutively numbered checks duly signed by the Manager or an official or

officials designated by the Manager payable to a specific person or organization.

28
(e) Annual Audit The Manager shall cause to be produced an annual outside

independent certified audit of all gaming activities and shall deliver the same within one hundred

and twenty (120) days of the close of the Pueblo of Tesuques fiscal year to the Council, the

Commission, and the National Indian Gaming Commission in accordance with all applicable

regulations. The Commission shall, within one hundred and twenty (120) days of its receipt,

furnish to the State Gaming Representative and the State Treasurer copies of the audit and

certified financial statement covering all Class III Gaming of the Gaming Enterprise.

(0 Audit of Contracts All gaming related contracts for supplies, services, or

merchandise, in an amount greater than $25,000 annually, except contracts for professional legal

or accounting services, shall be specifically included within the annual outside independent

certified audit referred to in Subsection (e) of this Section.

(g) Disposition of Net Revenues The Net Revenues derived from Games of

Chance shall be deposited into the general fund of the Pueblo of Tesuque and shall not be used

for purposes other than:

(1) To fund Pueblo of Tesuque governmental operations and programs;

(2) To provide for the general welfare of the Pueblo of Tesuque and

its members;

(3) To promote tribal economic development;

(4) To contribute to charitable organizations; and

(5) To help fund operations of local Pueblo of Tesuque governmental

agencies.

29
(h) Compliance with Internal Revenue Code The Manager and Gaming

Enterprise shall maintain a permanent record containing the name and address of each player

who receives a prize if and as required by, and in accordance with, the Internal Revenue Code.

(i) Compliance with Bank Secrecy Act The Manager and Gaming Enterprise

shall comply with all applicable provisions of the federal Bank Secrecy Act.

SECTION 10. TESUQUE GAMING ENTERPRISE

(a) Establishment of the Enterprise There is hereby established, as a wholly

owned enterprise of the Pueblo of Tesuque, the Tesuque Gaming Enterprise, which enterprise

shall have the authority to establish, equip, operate, and maintain Class II and Class III Gaming

operations on the Reservation at such locations as the Council may designate. The Tesuque

Gaming Enterprise shall have the following powers and duties:

(1) To acquire, construct, lease, modify, furnish, equip and maintain

such facilities and premises as the Gaming Enterprise determines are necessary or appropriate

for the operation and conduct of gaming operations in accordance with this Gaming Ordinance.

(2) To employ, direct, supervise, manage, control, promote, demote,

discharge, fix the compensation of and define the powers and duties of such officers and other

employees as the Gaming Enterprise determines are required for the operation and conduct of

gaming activities in accordance with this Gaming Ordinance.

(3) To operate and conduct gaming activities in accordance with this

Gaming Ordinance, provided that the Gaming Enterprise may conduct any Class II Gaming

activities it chooses, but only such Class III Gaming activities as are authorized by the Compact.

(4) Without in any way limiting or being limited by the foregoing, to do

all other lawful things and perform all other lawful acts as the Gaming Enterprise determines are

30
necessaiy or appropriate for the purpose of operating and conducting gaming activities, and all

other activities reasonably related thereto, in accordance with this Gaming Ordinance.

(b) Supervision of Gamin2 Activities The Gaming Enterprise shalt be under

the overall direction of the Council, which shall act as the Board of Directors of the Gaming

Enterprise. The day-to-day operations of the Gaming Enterprise shall be under the direction of

the Manager, who shall be hired by the Council in accordance with the provisions of Section 8

of this Gaming Ordinance. The Manager shall hire and supervise the other employees of the

Gaming Enterprise, and, subject to the guidance and direction of the Council (acting as Board

of the Enterprise), shall have and perform all of the powers and duties of the Gaming Enterprise.

(c) Officer in Char2e The Manager shall designate an employee of the

Gaming Enterprise to be the Officer in Charge on each day during which any gaming activities

are being conducted by the Gaming Enterprise, provided that no person shall be designated

Officer in Charge unless such person has held a valid gaming License issued by the Commission

under the provisions of this Gaming Ordinance for no fewer than ten (10) days prior to the date

on which such person is designated Officer in Charge. The Officer in Charge shalt have direct

responsibility for the operation and conduct of all gaming activities on that day. The Officer in

Charge shall supervise all activities and shall be present on the premises continuously throughout

the period during which gaming activities are being conducted and for a period of at least one

hour after such activities have been concluded for the day.

(d) Premises Open to Commission The premises where any gaming activities

are being conducted or operated at a Gaming Facility, or where it is intended that such activities

will be operated or conducted at a Gaming Facility, shall at all times be open to inspection by the

Commission and the Council, and their agents specifically appointed for any such inspection.

31
(e) Provisions Applicable to Bin2o Games The following provisions shall apply

to the conduct of Bingo Games at any Gaming Facility operated by the Gaming Enterprise:

(1) Merchandise Prizes. When any merchandise is awarded as a prize

in a Bingo Game, the value of such merchandise shall be its current retail price. Merchandise

awarded as a prize shall not be redeemable or convertible into cash, directly or indirectly.

(2) UsualPrices. Equipment, prizes, and supplies for Bingo Games shall

not be purchased or sold at prices in excess of the usual price thereof.

(3) No Limit on Prizes. There shall be no limit on the size of the prize

offered or given in any Bingo Game.

(4) Rules ofPlay. The equipment used in playing Bingo and the method

of play shall be such that each card shall have an equal opportunity to win. The objects or balls

to be drawn shall be essentially the same as to size, shape, weight, balance and all other

characteristics that may influence their selection. All objects or balls shall be present in the

receptacle before each game has begun. All numbers or designations drawn shall be announced

plainly and clearly, and shall be audible or visible to all the players present including, where more

than one room is used for any Bingo Game, all players present in each room. The receptacle,

the caller, and the person removing the objects or balls from the receptacle must be visible to all

the players at all times, except that where more than one room is used for any Bingo Game, the

receptacle and the caller must be present in the room where the greatest number of players is

present. The cards or sheets of the players shall be part of a deck, group, or series of cards, no

two of which shall be alike, and which deck, group, or series shall not be so prepared or arranged

as to prefer any card. The particular arrangement of numbers or designations required to be

covered in order to win the game and the amount of the prize shall be plainly and clearly

32
described, and audibly or visibly announced to the players immediately before each game has

begun.

(5) Players Entitled to Verification. Any player shall be entitled to call

for a verification of all numbers or designations drawn at the time a winner is determined, and

for a verification of the objects or balls remaining in the receptacle and not yet drawn. The

verification shall be made in the immediate presence of the officer in charge on the occasion.

(6) Players Required to be Present. Only persons physically present on

the premises where a Bingo Game is actually operated and conducted may participate as players

in the game.

(7) Additional Rules. The Commission shall have the authority to

promulgate additional rules, not inconsistent with this Gaming Ordinance, governing Bingo

Games conducted hereunder, to protect the players and assure the fairness of such games.

(f) Provisions Applicable to Class HI Gaming Activities The following

provisions shall apply only to the conduct of Class III Gaming activities operated by the Gaming

Enterprise:

(1) Class II! Gaming to be Conducted in Accordance with Compact. Any

and all Class III Gaming activities to be conducted by the Gaming Enterprise shall be conducted

in accordance with the Compact. In the event of any inconsistency between this Gaming

Ordinance and such Compact, the Compact shall control; provided that, in the event of any

inconsistency between the Compact and the Indian Gaming Regulatoiy Act or other federal law,

such federal law shall control. As required by the Compact, the following provisions are hereby

adopted as a matter of Pueblo of Tesuque law and shall be enforced with respect to the Pueblo

of Tesuques conduct of Class III Gaming:

33
A. No person under twenty-one (21) years of age shall

participate in Class III Gaming;

B. The Gaming Enterprise shall not employ any person in Class

III Gaming who is under twenty-one (21) years of age or who has not been licensed in accordance

with this Gaming Ordinance;

C. The Gaming Enterprise shall meet standards and

requirements equivalent to or more stringent than those in the federal Fair Labor Standards Act

of 1938, the federal Occupational Safety and Health Act of 1970, and other federal laws relating

to wages, hours and conditions of work, and the regulations issued thereunder; provided that the

imposition of such standards shall not be construed as a submittal by the Pueblo of Tesuque to

federal jurisdiction under said laws or as creating under Pueblo of Tesuque law any causes of

action available to any person under such federal laws;

D. On any construction project involving a Gaming Facility to

be used for the conduct of Class III Gaming or related structure that is funded in whole or part

by federal funds, workers shall be paid wages meeting or exceeding the standards established for

the State of New Mexico under the federal Davis-Bacon Act;

E. The Gaming Enterprise and any Management Contractor

shall not discriminate in the employment of persons at the Gaming Facility on the grounds of

race, color, national origin, gender, sexual orientation, age, or handicap; provided that, the Pueblo

of Tesuque, the Gaming Enterprise, and any Management Contractor shall provide for Indian

preference in employment in Class II and Class III Gaming activities as set forth in this Gaming

Ordinance, consistent with Title VII of the federal Civil Rights Act of 1964, 42 U.S.C. §* 2000e

et seq.;

34
F. The Gaming Enterprise shall allow the State of New Mexico

Department of Environment inspectors to inspect the food service operations of a Gaming

Facility where Class III Gaming is conducted during the normal business hours of the Gaming

Facility to assure that standards and requirements equivalent to the States Food Service

Sanitation Act are maintained;

G. The Gaming Enterprise shall not:

i. cash for patrons any paycheck or any type of

government assistance check, including Social Security, AFDC, pension, and other similar checks;

or

ii. extend credit to patrons by accepting lOUs or

markers;

I-i. Each electronic and electromechanical Gaming Machine in

use at the Gaming Facility must pay out a mathematically demonstratable percentage of all

amounts wagered, which percentage shall be not less than eighty percent (80%), and odds must

be posted on each such Gaming Machine;

I. Automatic teller machines located on Gaming Facility

premises where Class III Gaming is conducted shall be programmed so that such machines will

not accept cards issued by the State of New Mexico to AFDC recipients for access to AFDC

benefits;

J. No later than ninety (90) days after the effective date of the

Compact, all Gaming Machines on the premises of the Gaming Facility will be connected to a

central computerized reporting and auditing system on the Gaming Facility premises, which shall

collect on a continual basis the activity of each Gaming Machine in use, and which data shall be

35
accessible electronically to the State Gaming Representative upon entry of appropriate security

codes;

K. If the Council and Gaming Enterprise permit alcoholic

beverages to be served and consumed at the Gaming Facility:

i. No employee of the Gaming Enterprise shall sell,

serve, give, or deliver an alcoholic beverage to an intoxicated person or procure or aid in the

procurement of any alcoholic beverage for an intoxicated person at the Gaming Facility;

ii. Employees of the Gaming Facility that dispense, sell,

serve, or deliver alcoholic beverages must attend Alcohol Server Education Classes similar to

those classes provided for in the New Mexico Liquor Control Act;

iii. The Gaming Enterprise must purchase and maintain

a liquor liability insurance policy that will provide personal injury coverage of at least one million

dollars ($1,000,000) per incident and two million dollars ($2,000,000) aggregate per policy year;

and

iv. No alcoholic beverages shall be sold, served, delivered,

or consumed in that part of the Gaming Facility where Class III Gaming is allowed.

L. The Gaming Enterprise will provide annually to the State

Gaming Representative a certificate of insurance showing that it is maintaining in effect policies

of liability insurance insuring the Gaming Enterprise, the Pueblo of Tesuque, and their agents and

employees against claims, demands, or liability for bodily injury and property damages brought

by a patron or visitor arising from an occurrence described in Subsection (b)(1) of Section 13 of

this Gaming Ordinance, and such policies shall provide bodily injury and property damage

coverage in an amount of at least one million dollars ($1,000,000) per person and ten million

36
dollars ($10,000,000) per occurrence and include a provision under which the insurer agrees not

to assert the defense of sovereign immunity on behalf of the insured up to the limits of such

coverage;

M. The Gaming Enterprise shall spend an amount no less than

one-quarter of one percent (.25%) of its Net Win as that term is defined herein annually to fund

or support programs for the treatment and assistance of compulsive gamblers or for the

prevention of compulsive gambling;

N. The Gaming Enterprise shall not operate any Class III

Gaming at the Gaming Facility for at least four (4) consecutive hours daily, Mondays through

Thursdays (except federal holidays);

0. Neither the Pueblo of Tesuque nor the Gaming Enterprise

may provide, allow, contract to provide, or arrange to provide alcoholic beverages, food, or

lodging for no charge or at reduced prices at a Gaming Facility or lodging facility as an incentive

or enticement for patrons to participate in Class III Gaming;

P. Neither the Pueblo of Tesuque, the Gaming Enterprise, the

Commission, nor any Management Contractor shall contribute directly, or through an agent,

representative, or employee, revenues from the Gaming Enterprise, or anything of value acquired

with that revenue, to a candidate, political committee, or person holding an office elected or to

be elected at an election covered by the State of New Mexicos Campaign Reporting Act; and

0. The Commission shall provide true and correct copies of all

tribal laws and regulations affecting Class III Gaming to the State Gaming Representative,

National Indian Gaming Commission, and the Bureau of Indian Affairs Gaming Representative

and will provide true copies of any amendments thereto or additional laws or regulations affecting

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Class III gaming within thirty (30) days after their enactment (or approval, if any); provided that

the Commission or the Pueblo of Tesuque shall provide copies of any amendments to this

Gaming Ordinance to the National Indian Gaming Commission within fifteen (15) days after the

adoption of the amendments.

(2) Vendor Licensing. Any person, corporation or other entity that has

supplied or proposes to supply any Gaming Machines, Gaming Devices, or equipment to the

Gaming Enterprise for use in conjunction with any Class III Gaming activity must be licensed by

the Commission and shall be subject to a full background investigation in accordance with the

provisions of Section 7 of this Ordinance, and the Commission shall prescribe appropriate forms,

procedures and standards for such licensing.

(3) Class III Gaming Rules. The Commission shall have the authority

to prescribe such other rules and procedures to govern any Class III Gaming authorized to be

conducted under the terms of the Compact and this Gaming Ordinance, which are not

inconsistent with the provisions of the Compact, this Gaming Ordinance, or the Indian Gaming

Regulatory Act and regulations issued thereunder.

(g) Employees; Prohibition Against Employees Engaging in Gaming Any and

all persons who operate or conduct or assist in operating or conducting any Games of Chance

hereunder shall be employees of the Gaming Enterprise and shall wear legible identification tags,

issued by the Commission, showing their names and photographs, and the name of the Gaming

Enterprise. No employee of the Gaming Enterprise, the Commission, or the Manager may

engage in any gaming activity conducted by the Gaming Enterprise or win any prize or thing of

value from the Gaming Enterprise during his or her employment and for a period of ninety (90)

days after the termination of such employment.

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(h) Qualifications for Employment Employees of the Gaming Enterprise shall

be of good moral character, shall not have been convicted of any felony or gaming offense, and,

as a condition of their contract of employment, shall agree to any lawful means of testing for

truthfulness, including but not limited to polygraph testing, at any time and without prior notice,

concerning the handling, collection, and/or disbursement of gross receipts. No person shall be

employed by the Gaming Enterprise or the Manager whose prior activities, criminal record (if

any), reputation, habits or associations pose a threat to the public interest or to the effective

regulation and control of gaming, or create or enhance any danger of unsuitable, unfair, or illegal

practices, methods, or activities in the operation or conduct of gaming by the Gaming Enterprise

or the carrying on of any business or financial arrangements incidental thercto.

(i) Preference in Employment Members of the Pueblo of Tesuque and their

spouses and children shall receive preference in employment and advancement if they meet the

qualifications for employment with the Gaming Enterprise and the Manager. If there are not

qualified persons from among the Members of the Pueblo of Tesuque and their spouses and

children to fill any available positions, the Gaming Enterprise shall hire such qualified persons

as are available, but it shall give preference to qualified members of other Indian tribes.

U) Advertisement of Positions Notice of the availability of any positions with

the Gaming Enterprise shall be posted on the premises of the Gaming Facility where such

vacancy exists, and at least two other locations selected by the Council, for at least fifteen (15)

days prior to the filling of the position, unless special circumstances exist as determined by the

Council that warrant dispensing with such notice or posting for a shorter period. The notice shall

contain a description of the minimum job qualifications, duties, hours of work, compensation, and

the application procedure, including the application deadline.

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(k) Personnel Policies and Benefits

(1) The Manager shall adopt written personnel policies for employees

of the Gaming Enterprise, which shall be provided to each employee and which shall be subject

to the approval of the Council. The policies shall include, but not be limited to:

A. A grievance process for an employee in cases of disciplinary

or punitive action taken against an employee that includes a process for appeals to persons of

greater authority than the immediate supervisor of the employee; and

B. An employees right to receive a written statement of reasons

for dismissal in the event such employee is dismissed.

(2) The Gaming Enterprise shall provide employment benefits, including

but not limited to sick leave, life insurance, paid annual leave, medical and dental insurance,

unemployment and workers compensation insurance through participation in programs offering

benefits at least as favorable as those provided by comparable state programs.

(I) Hinn~ and Trainin~ of Employees The Gaming Enterprise and the

Manager shall provide sufficient training to all employees to enable them to perform their jobs

properly, and shall provide employees who are Members of the Pueblo of Tesuque with training

specifically designed to enable such employees to acquire the experience and skills necessary to

advance within the Gaming Enterprise.

SECTION 11. SUSPENSION OR REVOCATION OF LICENSE.

(a) Grounds for Suspension and Revocation If a Licensee makes a false

statement in any application for a License, in any statement annexed thereto, or in any response

to a request by the Commission or the Council for information; fails to keep sufficient books and

records to substantiate the reports required by this Gaming Ordinance; falsifies any books or

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records relating to any transaction in connection with the operation or conduct of any Games of

Chance; is convicted of any felony or gaming offense; interferes with or unduly influences or

attempts to interfere or unduly to influence any decision or process of the government of the

Pueblo of Tesuque relating to gaming; or deliberately or substantially fails to provide information

to or answer relevant questions of the Commission or the Council or otherwise fails to comply

with this Gaming Ordinance or the terms of any License granted pursuant hereto; or if the

Council or Commission receives reliable information from the National Indian Gaming

Commission or any other source that the Licensee does not meet the standard established in

Section 7(e) of this Gaming Ordinance; his or her License may be suspended; provided that, when

the Council or Commission receives reliable information from the National Indian Gaming

Commission that the Licensee does not meet the standard established in Section 7(e) of this

Gaming Ordinance, his or her License shall be suspended. After notice and a hearing before the

Commission pursuant to this Section, such License also may be revoked. This sanction is in

addition to any other sanction that may be imposed under this Gaming Ordinance.

(b) Notice; Immediate Suspension Proceedings to suspend or revoke a License

shall be initiated by the. Commission by serving a complaint upon the Licensee. If, in the

Commissions judgment, the public interest; the effective regulation and control of gaming; or the

safe, fair, and honest operation and conduct of Games of Chance so requires, the Commission

may suspend a License immediately pending the holding of a hearing. Such an immediate

suspension shall take effect upon service of the complaint upon the Licensee.

(c) Contents of Complaint; Service The complaint shall set forth the violations

of this Gaming Ordinance which the Commission has reasonable cause to believe the Licensee

has committed. The Commission shall cause the complaint and notice of hearing to be served

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personally upon the Licensee or any agent of the Licensee, or to be sent by certified mail to the

Licensee at the address shown upon the License, with a copy sent to the Council. The complaint

shall notify the Licensee of the place and date of a hearing, such date to be not less than twenty

(20) days after the Licensee receives a copy of the complaint.

(d) Answer. Written Orders Upon receipt of a complaint and notice of

hearing, the Licensee shall answer the complaint and shall inform the Commission whether the

Licensee desires to present evidence. At the request of the Licensee for good cause shown, or on

its own motion, the Commission shall issue written orders for the attendance of witnesses and for

the production of papers, books, records, and documents.

(e) Hearing Written Decision The hearing shall be held and concluded

without unreasonable delay. The Commission shall hear the matter and make a decision in

writing, including findings of fact in support of its decision. The Commission shall issue its

decision within thirty (30) days of the hearing. The Licensee shall be informed immediately of

the decision and, in the event of a suspension, revocation, or reinstatement of his or her License,

of the effective date of the suspension, revocation, or reinstatement. The Commission also shall

notify the National Indian Gaming Commission and the State Gaming Representative of its

decision.

(f) Appeal to Council The decision of the Commission suspending or revoking

a License may be appealed to the Council. Written notice of the appeal must be filed with the

Governor and served on the Commission within ten (10) days of the Commissions decision. The

Council may but is not required to grant the appellant a hearing. The Council shall decide the

appeal within twenty (20) days after its filing, and the decision of the Council shall be final.

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(g) Surrender of License When the Commission suspends or revokes a

License, the Licensee shall surrender the License to the Commission on or before the effective

date of the suspension or revocation. No License shall be valid as of the effective date of the

suspension or revocation, whether surrendered or not, or whether the Commissions decision is

appealed or not.

(h) Additional Sanctions Upon its determination to suspend or revoke a

License, the Commission, in addition to any other penalties which may be imposed, may declare

the Licensee ineligible to operate or conduct Games of Chance, to participate, directly or

indirectly, in the operation or conduct of Games of Chance, or to apply for a License for a period

not exceeding twelve (12) months. Such declaration of ineligibility may be extended to include any

Primary Management Officials, Key Employees, owners, officers, or directors of the Licensee, and

any of its subsidiary organizations, parent organizations, or affiliates.

SECTION 12. VIOLATIONS; JURISDICTION; ENFORCEMENT OF SUBPOENAS

(a) Criminal Penalties

(1) Except as otherwise provided in Subsection (a) of this Section, any

Indian who violates any provision of this Gaming Ordinance shall be guilty of a criminal offense

punishable by a fine, or by imprisonment, or both, the amount of such fine and the length of such

imprisonment to be up to the maximum amount and length that federal law allows Indian tribes

to impose.

(2) Pursuant to the Compact, the State of New Mexico may exercise

concurrent jurisdiction with the United States to prosecute violations by non-members of the

Pueblo of Tesuque of any State of New Mexico gambling law on the Reservation, any other crime

against the Gaming Enterprise or any employee thereof, or that occurs on the premises of a

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S

Gaming Facility. Immediately upon becoming aware of any suspected crime by a non-member

of the Pueblo of Tesuque, the Gaming Enterprise or the Commission will notif~v the State of New

Mexico Attorney General and the District Attorney for Santa Fe County of the particulars

available to the Gaming Enterprise or Commission. Upon any reasonable request by the District

Attorney for Santa Fe County, the Pueblo of Tesuque Law Enforcement Department and the

Commission will perform additional investigation and cooperate fully with such District Attorney

and State of New Mexico law enforcement agencies on the matter. In the event of an emergency

involving a possible violation by a non-member of the Pueblo of Tesuque, the Pueblo of Tesuque

and its constituent agencies may act as they see fit in accordance with the laws of the Pueblo of

Tesuque in order to protect against any immediate threat to lives or property.

(3) The Pueblo of Tesuque may enter into a Memorandum of

Understanding with the District Attorney for Santa Fe County, to which Memorandum of

Understanding the United States Attorney also may be a party, to address such matters as the

specific procedures by which cases under Subsection (a)(2) of this Section will be referred,

participation of the Commission and the Pueblo of Tesuque Law Enforcement Department in the

investigation and prosecution of any such case, and payments by the Pueblo of Tesuque to the

Office of the District Attorney for Santa Fe County to defray the costs of handling such cases.

(b) Civil Sanction Any person who violates any provision of this Gaming

Ordinance shall be liable for civil monetaly sanctions not to exceed five thousand dollars ($5,000)

for each day such violation occurs, along with any civil damages caused by the commission of such

violation. Such person also may be excluded from the Reservation to the extent such exclusion

is consistent with the laws of the Pueblo of Tesuque.

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(c) Tribal Court Jurisdiction The Tribal Court shall have jurisdiction over all

violations of this Gaming Ordinance and over all persons who are parties to a Management

Contract entered pursuant thereto, including agents, employees, owners, directors, and officers

of such parties, and may, in addition to the penalties and civil sanctions prescribed in Subsections

(a) and (b) of this Section, grant such other legal and equitable relief as is necessaiy and proper

for the enforcement of this Gaming Ordinance and of the provisions of any Management

Contract entered pursuant thereto, including but not limited to injunctive relief against acts in

violation thereof. Nothing in this Gaming Ordinance, however, shall be construed to authorize

or require the exercise of criminal jurisdiction over non-Indians except to the extent allowed by

any applicable present or future Act of Congress or any applicable federal court decision.

(d) Enforcement of Council and Commission Orders If a person is ordered

by the Commission or the Council to attend or to produce books, accounts, records, or other

documents in any investigation or hearing conducted by the Commission or the Council and fails

to obey the command of the subpoena without reasonable cause, or if a person in attendance at

any hearing or investigation refuses, without lawful cause, to be examined, to answer a legal and

pertinent question, or to exhibit any book, account, record, or other document when ordered to

do so by the Commission or the Council, the Commission or the Council may apply to the Tribal

Court for an order returnable in not less than five (5) nor more than ten (10) days directing the

person to show cause why he or she should not comply with such order. For purposes of this

Gaming Ordinance, no person shall be excused from testifying or producing any books, accounts,

records, or other documents in any investigation or hearing on the ground that such testimony

or documentary evidence may tend to incriminate such person, unless the Council or the Tribal

Court agrees in writing that such person shall not be prosecuted, punished, or subjected to any

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-I

penalty or forfeiture resulting from such testimony or production, provided that no person shall

be exempt from prosecution or punishment for any act of perjury committed by him or her under

a grant of immunity under this Subsection.

SECI1ON 13. PATRON DISPUTES AND VISITOR CLAIMS

(a) Procedures for ResoIvin~ Patron Disputes Except as otherwise provided

in Subsection (b) of this Section, whenever any patron of any Class II or Class III Gaming activity

being conducted by the Gaming Enterprise under the provisions of this Gaming Ordinance

believes that he or she should not have lost any money, or has not received any winnings to which

the patron believes he or she was entitled, or in any other respect was treated wrongly or unfairly,

any employee to whom the patron communicates the complaint shall refer the patron to the

Manager. The Manager shall investigate the matter thoroughly, and shall attempt to resolve the

complaint amicably and promptly and in keeping with the spirit of this Gaming Ordinance. The

Managers proposed action shall be communicated to the person in writing, no less than ten (10)

days after the complaint is brought to the Manager. If the person is dissatisfied with the

resolution proposed by the Manager, the patron may, within ten (10) days of receipt of the

Managers decision, appeal to the Commission. The Commission shall investigate the facts

underlying the complaint and the actions of the Manager thereon, and shall make a final decision,

in writing, either to affirm the Managers proposed resolution, or to take some different action

(but in no case shall the Commissions decision be less favorable to the patron than the Managers

proposal). If the patron is still dissatisfied, he or she may request that the dispute be referred to

binding arbitration, either by a single arbitrator (if the parties agree on one) or by a panel of

three (3) arbitrators, one appointed by the patron, one appointed by the Manager, and a third

by the other two; provide4 that if the arbitration results in a decision that is no more favorable

46
to the patron than the decision of the Commission, the patron shall bear one-half of the costs of

the arbitration. The arbitration shall proceed in accordance with the rules of the American

Arbitration Association, unless the patron and the Gaming Enterprise agree to follow different

procedures.

(b) Resolving Patron and Visitor Claims of Liability for Bodily Injury or

Property Damag!

(1) The Tribal Court shall have original jurisdiction over claims of

liability by a patron of or visitor to a Gaming Facility where Class III Gaming is conducted for

bodily injury or property damage proximately caused by the conduct of the Gaming Enterprise

and:

A. Occurring at a Gaming Facility on grounds or involving

vehicles and mobile equipment used by the Gaming Enterprise;

B. Arising out of a condition at a Gaming Facility or on

premises or roads and passageways immediately adjoining it;

C. Occurring outside of a Gaming Facility but arising from the

activities of the Gaming Enterprise;

D. As a result of a written contract that directly relates to the

ownership, maintenance, or use of a Gaming Facility or when the liability of others is assumed

by the Gaming Enterprise; or

E. On a road or other passageway on the Reservation while the

patron or visitor is traveling to or from the Gaming Facility.

(2) A patron or visitor having a claim described in Subsection (b)(1) of

this Section may pursue that claim in the Tribal Court or, at the option of the patron or visitor,

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in binding arbitration. The patron or visitor shall make a written election that is final and

binding.

(3) Claims brought under Subsection (b)(1) of this Section must be

commenced by filing an action in Tribal Court or serving a demand for arbitration within three

(3) years of the date that the claim accrues.

(4) Arbitration shall be conducted, pursuant to an election by a patron

or visitor under Subsection (b)(3) of this Section, as follows:

A. The patron or visitor shall submit a written demand for

arbitration to the Gaming Enterprise by certified mail, return receipt requested;

B. The patron or visitor and the Gaming Enterprise shall each

designate an arbitrator within thirty (30) days of the date of receipt of the demand by the Gaming

Enterprise, and the two arbitrators shall select a third arbitrator;

C. The arbitration panel shall permit the parties to engage in

reasonable discovery and shall establish other procedures to ensure a full, fair, and expeditious

hearing on the claim; and

D. The award of the arbitration panel shall be final and binding.

(c) Posting of Notice The Gaming Enterprise shall prominently post a notice,

bearing the title, PATRON DISPUTE AND VISITOR CLAIMS PROCEDURES, informing

patrons and visitors of the remedies set forth in this Section, and setting forth the language of

Subsections (a) and (b) of this Section, in every room of every Gaming Facility where Class II and

Class III Gaming is conducted under the provisions of this Gaming Ordinance.

(d) Public Health and Safety Each Gaming Facility and additions thereto shall

comply with health, safety, and construction standards that are at least as stringent as the current

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4.

I

editions of the NationalElectrical Code, the Uniform Building Code, the Uniform Mechanical

Code, the Uniform Fire Code, and the Uniform Plumbing Code. The Pueblo of Tesuque shall

cause inspections to be conducted with respect to these standards at least annually. Pursuant to

the Compact, the State Gaming Representative may be present during an annual inspection,

provided the request to be present is made sufficiently in advance of such inspection. Upon a

written request by the State Gaming Representative, the Commission shall provide copies of such

inspection reports to the State Gaming Representative.

SECI1ON 14. MISCELLANEOUS

(a) Severability In the event that any provision in this Gaming Ordinance or

the application thereof to any person or circumstances is held invalid or unenforceable by a court

of competent jurisdiction, such holding shall not invalidate or render unenforceable any other

provision of this Gaming Ordinance.

(b) Gender Any noun or pronoun used herein shall refer to any gender and

to any number as the context requires or permits.

Originally adopted by Resolution No. 1989-12-04, December 16, 1989. Amended by Resolution No. 1994-08-3, August

24, 1994. Amended and Restated by Resolution No. 1997-04-02, dated April 3, 1997. Amended and Restated by

Resolution No. 1997- 09-O9 dated Septembezd5~i997.

dv\jIwt\48gainin4.ord

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