Joseph Linton, Vice Chairman (2024)
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August 9, 2024
Joseph Linton, Vice Chairman
Rincon Band of Luiseño Indians
One Government Center Lane
Valley Center, CA 92082
Re: Rincon Band of Luiseño Indians Gaming Ordinance
Dear Vice Chairman Linton:
I am writing with respect to the July 5, 2024 request of the Rincon Band of Luiseño
Indians to the National Indian Gaming Commission to review and approve the Tribe’s gaming
ordinance. The gaming ordinance was adopted by Resolution No. 2024-48 of the Tribal Council.
Thank you for providing the gaming ordinance for our review. The ordinance is approved
as it is consistent with the requirements of the Indian Gaming Regulatory Act and NIGC
regulations. If you have any questions concerning this letter, please contact Senior Attorney
Austin Badger at (202) 632-7003.
Sincerely,
Sharon M. Avery
Chairwoman (A)
MAILING ADRESS: NIGC/DEPARTMENT OF THE INTERIOR
REGIONAL OFFICES
1849 C Street NW, Mail Stop #1621 Washington, DC 20040
202.632.7066
Tel: 202.632.7003
Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK; Oklahoma City, OK; Rapid City, SD
WWW.NIGC.GOV
Fax:
RINCON BAND OF LUISEÑO MISSION INDIANS
RINCON INDIAN RESERVATION, CALIFORNIA
AMENDED AND RESTATED RINCON GAMING ORDINANCE
RINCON TRIBAL CODE § 6.200
Adopted July 11, 1995
Amended and Restated August 9, 2024
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
TABLE OF CONTENTS
Table of Contents
1. PURPOSE ..........................................................................................................................1
2. APPLICABILITY .............................................................................................................1
3. DEFINITIONS ..................................................................................................................1
3.01.
3.02.
3.03.
3.04.
3.05.
3.06.
3.07.
3.08.
3.09.
3.10.
3.11.
3.12.
3.13.
3.14.
3.15.
3.16.
3.17.
3.18.
3.19.
3.20.
3.21.
3.22.
3.23.
3.24.
3.25.
3.26.
3.27.
3.28.
3.29.
3.30.
3.31.
Annual TGRA Budget ...........................................................................................1
Application .............................................................................................................1
Business Committee ..............................................................................................1
Calendar Year .......................................................................................................1
Chairperson ...........................................................................................................1
Class I Gaming ......................................................................................................2
Class II Gaming .....................................................................................................2
Class III Gaming ...................................................................................................2
[Reserved] ..............................................................................................................3
Commissioner or Commission Member .............................................................3
Day ..........................................................................................................................3
Directly Related to Gaming ..................................................................................3
Electronic, computer or other technologic aid ...................................................3
Electronic or electromechanical facsimile ..........................................................3
Enforcement Action ..............................................................................................4
Facility License ......................................................................................................4
Full TGRA .............................................................................................................4
Gaming or Gaming Activity .................................................................................4
Gaming Device ......................................................................................................4
Gaming Enterprise ................................................................................................5
Gaming Facility or Facility ..................................................................................5
Gaming Operation ................................................................................................5
Gaming Resources ................................................................................................5
Gaming Resource Supplier ..................................................................................5
House Banking Game ...........................................................................................5
IGRA ......................................................................................................................6
Indian lands ...........................................................................................................6
Indian tribe ............................................................................................................6
Key Employee ........................................................................................................6
Licensee ..................................................................................................................7
Management Contract ..........................................................................................7
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE i
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
3.32.
3.33.
3.34.
3.35.
3.36.
3.37.
3.38.
3.39.
3.40.
3.41.
3.42.
3.43.
3.44.
3.45.
3.46.
3.47.
3.48.
Net Revenues .........................................................................................................7
Patron .....................................................................................................................7
Person .....................................................................................................................7
Person having a direct or indirect financial interest in a Management
Contract ..................................................................................................................7
Person having management responsibility for a Management Contract ........8
Primary Management Official .............................................................................8
Principal .................................................................................................................9
Regulations ............................................................................................................9
Reservation .............................................................................................................9
Secretarial Procedures...........................................................................................9
Secretary .................................................................................................................9
TGRA Enforcement Action ..................................................................................9
TGRA Staff .............................................................................................................9
Tribal Gaming Regulatory Authority (TGRA) ..................................................9
Tribal-State Compact or Compact ....................................................................10
Tribe .....................................................................................................................10
Words and Terms ...............................................................................................10
4. GAMING AUTHORIZED .............................................................................................10
5. OWNERSHIP OF GAMING OPERATION ................................................................11
6. USE OF NET REVENUES ............................................................................................11
7. GAMING COMMISSION .............................................................................................11
7.01.
7.02.
7.03.
7.04.
7.05.
7.06.
7.07.
7.08.
7.09.
7.10.
7.11.
7.12.
7.13.
7.14.
Establishment of the Rincon Tribal Gaming Commission .............................11
Restrictions on Gaming Commissioners ...........................................................12
Code of Ethics ......................................................................................................12
Compensation of Gaming Commissioners ........................................................12
Selection of Chairperson ....................................................................................13
Meetings Open to the Public ..............................................................................13
Quorum Required ...............................................................................................13
Quarterly Reports ...............................................................................................13
Powers ..................................................................................................................13
Issuance of Regulations ......................................................................................14
Request for TGRA Action ..................................................................................14
Duties of the TGRA ............................................................................................15
Right of Inspection ..............................................................................................16
Powers of Delegation; Budgeting Matters ........................................................16
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE ii
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
7.15.
7.16.
7.17.
7.18.
7.19.
Record-Keeping ...................................................................................................17
Processing Employee and Patron Complaints .................................................17
Violations of Ordinance – Civil Infraction .......................................................17
Limitations Period ..............................................................................................19
Limitation on Gifts and Compensation .............................................................19
8. EXECUTIVE DIRECTOR ............................................................................................19
8.01. Qualifications of Executive Director; Salary ....................................................19
8.02. Authority of Executive Director .......................................................................20
8.03. Files and Records to be Maintained by the Executive Director and the
TGRA; Confidentiality of Information .............................................................21
9. LICENSING ....................................................................................................................23
9.01.
9.02.
9.03.
9.04.
9.05.
9.06.
9.07.
9.08.
9.09.
9.10.
9.11.
9.12.
9.13.
9.14.
9.15.
9.16.
9.17.
9.18.
9.19.
9.20.
9.21.
9.22.
9.23.
9.24.
License Requirements .........................................................................................23
Nature of Gaming License ..................................................................................23
Licensing, Regulations and Procedures ............................................................23
Licenses ................................................................................................................23
Facility Licenses ..................................................................................................24
Additional Licensing Authority .........................................................................24
Prohibition Against Unlicensed Activities ........................................................25
Authorization of Class II Gaming Activity; Net Revenue Allocation;
Audits; Contracts ................................................................................................25
Issuance of Tribal Gaming Licenses – Objections ...........................................26
License & Regulation of Class III Gaming Activities - Secretarial
Procedures Required ..........................................................................................26
Notification of Change of Principals .................................................................26
Application Fee ....................................................................................................26
Background Investigation ..................................................................................26
Failure of Applicant to Disclose Material Information ...................................26
Temporary Gaming License ..............................................................................27
Parameters of Licenses .......................................................................................27
Initial Licensing ...................................................................................................27
Voting on Licensing; Notice Procedures and Review Hearings .....................27
Executive Director Findings Following Review Hearing ................................28
Notification of Executive Director Decision .....................................................28
Right to Appeal; Scope of Review; Timing .......................................................28
Ability to Reapply for a License ........................................................................29
Right to Appeal Civil Fine and Forfeiture Action to the Full TGRA ............29
Registration of Persons Providing Goods and Services to the Gaming
Operation .............................................................................................................29
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE iii
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
9.25. Waiver of Licensing and Registration for Certain Entertainers ....................30
10. MANAGEMENT CONTRACTS ..................................................................................30
10.01. TGRA Licensing of Management Contractor Required .................................30
10.02. Provisions of Management Contracts ...............................................................31
10.03. Percentage of Net Revenue Fees ........................................................................31
11. LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT
OFFICIALS .....................................................................................................................32
11.01. Policies and Procedures ......................................................................................32
11.02. Application Forms ..............................................................................................32
11.03. Application Notice ...............................................................................................33
11.04. Updated Notice .....................................................................................................33
11.05. Background Investigations .................................................................................33
11.06. Eligibility Determination ....................................................................................35
11.07. Procedures for Forwarding Applications and Reports for Key
Employees and Primary Management Officials to the NIGC ........................35
11.08. Preparation of Investigative Reports and NORs .............................................36
11.09. Additional Eligibility Determination Requirements ........................................36
11.10. Granting a Gaming License ...............................................................................38
11.11. License Suspension or Revocation .....................................................................39
11.12. No Property Interest in License. ........................................................................40
11.13. No Assignment or Transfer ................................................................................40
12. AUDITING AND INTERNAL CONTROL .................................................................40
12.01. Minimum Procedure for Control of Internal Fiscal Affairs ...........................40
12.02. Minimum Internal Control Standards ..............................................................41
12.03. TGRA's Right to Conduct Audits .....................................................................42
12.04. Prohibition Against Embezzlement ...................................................................42
13. ANNUAL AUDIT ...........................................................................................................43
13.01. Requirement of Annual Audit ...........................................................................43
13.02. Contracts Included in Scope of Audit ................................................................43
14. REVIEW AND APPROVAL OF GAMING ................................................................43
14.01. Prohibition Against Gaming ..............................................................................43
14.02. Grace Period ........................................................................................................43
14.03. Authorization of Gaming ...................................................................................43
14.04. Approval of Gaming Equipment .......................................................................43
14.05. Maintenance of Rules .........................................................................................44
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE iv
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
14.06. Gaming Rules and Procedures ..........................................................................44
15. EXCLUSION OR EJECTION OF INDIVIDUALS .....................................................44
15.01. Exclusion List ......................................................................................................44
15.02. Notice and Opportunity to be Heard ................................................................44
15.03. Prohibition Against Listed Individuals .............................................................44
16. UNLAWFUL ACTS ........................................................................................................45
16.01. Additional Unlawful Acts ...................................................................................45
16.02. Prohibition Against Electronic Aids ..................................................................46
17. NIGC AND SECRETARIAL PROCEDURES ............................................................46
17.01. NIGC and Regulations .......................................................................................46
17.02. NIGC and State Gaming Agency........................................................................46
17.03. NIGC Assessments ..............................................................................................47
17.04. Secretarial Procedures ........................................................................................47
17.05 Authority to Request Assistance by the State Gaming Agency
or the NIGC .........................................................................................................47
18. PROTECTION OF THE ENVIRONMENT AND PUBLIC HEALTH AND
SAFETY ...........................................................................................................................48
19. MISCELLANEOUS .......................................................................................................48
19.01. Security ................................................................................................................48
19.02. Maintenance of Ordinance and Regulations ....................................................48
19.03. Compliance with Other Laws .............................................................................48
19.04. Amendment of TGRA Regulations ...................................................................48
19.05. Severability ..........................................................................................................48
19.06. Captions ...............................................................................................................48
20. SOVEREIGN IMMUNITY.............................................................................................49
21. CONSENT TO JURISDICTION ..................................................................................49
22. LAW ENFORCEMENT: FINGERPRINTING AND CRIMINAL BACKGROUND
CHECKS ..........................................................................................................................49
23. AGENT FOR SERVICE ................................................................................................49
24. PATRON DISPUTES .....................................................................................................49
24.01. Patron Gaming Disputes ....................................................................................49
24.02. Patron Rights Regarding Gaming Disputes .....................................................49
24.03. TGRA Action on Patron Gaming Disputes ......................................................49
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE v
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
25. AMENDMENTS .............................................................................................................50
26. REPEAL ..........................................................................................................................50
27. EFFECTIVE DATE ........................................................................................................50
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE vi
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
PURPOSE
The Rincon Band of Luiseño Indians (the "Tribe", as defined below), acting through its
Business Committee in the exercise of its inherent sovereign power to enact ordinances and
otherwise safeguard and provide for the health, safety and welfare of the Tribe and the members
of the Tribe, hereby enacts this Amended and Restated Rincon Gaming Ordinance (this
“Ordinance”) to set the terms and conditions under which Class II and Class III gaming may be
conducted on the Rincon Indian Reservation.
APPLICABILITY
2.01. Unless specifically indicated otherwise, all provisions of this Ordinance shall apply
to both Class II Gaming and Class III Gaming, including but not limited to, all licensing
and background investigation procedures; provided, however, that this Ordinance shall not
vest the Rincon Tribal Gaming Commission, referred to herein as the Tribal Gaming
Regulatory Authority (TGRA), as defined below, with jurisdiction over matters not directly
related to gaming. The TGRA shall not be involved in the operational or managerial
decisions of the gaming operation, and further, shall not be involved in business activities
that are not necessary for the operation of gaming activities.
DEFINITIONS
Unless a different meaning is clearly indicated, the terms used in this Ordinance shall have
the same meanings as defined in the Indian Gaming Regulatory Act, Public Law 100-497, 25
U.S.C. § 2710, et seq. (“IGRA”).
3.01. Annual TGRA Budget. “Annual TGRA Budget” means the budget for the TGRA,
which is annually approved by the Business Committee.
3.02. Application. “Application” means an application for licensure submitted pursuant
to this Ordinance.
3.03. Business Committee. “Business Committee” means the Rincon Business
Committee, the governing body of the Tribe.
3.04. Calendar Year. “Calendar Year” means the period beginning January 1 at
12:00:00 a.m., and ending the immediately following December 31 at 11:59:59 p.m.
3.05.
Chairperson. “Chairperson” means the Chairperson of the TGRA.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 1
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
3.06. Class I Gaming. “Class I Gaming” means social games of chance solely for prizes
of minimal value or traditional forms of Indian gaming when played by individuals in
connection with Tribal ceremonies or celebrations.
3.07.
Class II Gaming. “Class II Gaming” means:
(a)
bingo or lotto (whether or not electronic, computer or other technologic aids
are used), when players:
(i)
Play for prizes with cards bearing numbers or other designations;
(ii)
Cover numbers or designations when objects, similarly numbered or
designated, are drawn or electronically determined; and
(iii)
Win the game by being the first person to cover a designated pattern
on such cards;
(b)
If played in the same location as bingo or lotto, pull-tabs, punch boards, tip
jars, instant bingo and other games similar to bingo;
(c)
Nonbanking card games that:
(i)
The laws of the State of California explicitly authorize or do not
explicitly prohibit, and which are played legally anywhere in the
State of California; and
(ii)
Players play in conformity with State laws and regulations
concerning hours, periods of operation, and limitations on wager
and pot sizes.
3.08. Class III Gaming. “Class III Gaming” means all forms of gambling that are not
Class I Gaming or Class II Gaming, including but not limited to:
(a) Any House Banking Game, including but not limited to:
(i)
card games such as baccarat, chemin de fer, blackjack (21), and pai
gow (if played as house banking games), and
(ii)
casino games such as roulette, craps and keno;
(b) Any slot machines as defined in 15 U.S.C. § 1171(a)(1) and electronic or
electromechanical facsimiles of any game of chance;
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 2
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(c) Any sports betting and parimutuel wagering, including but not limited to,
wagering on horse racing, dog racing or jai alai; or
(d) Lotteries.
3.09.
[Reserved]
3.10. Commissioner or Commission Member. “Commissioner” or “Commission
Member” means a member of the TGRA.
3.11. Day. "Day" means all days within any calendar month, including weekends and
holidays.
3.12. Directly Related to Gaming. “Directly Related to Gaming” means the gambling
activities themselves (e.g., the roll of the dice, the spin of the wheel, the random number
generator’s selected outcome of the machine, etc.), the operation thereof, and tracking the
revenue therefrom. “Directly related to Gaming” does not include any other activities that
occur within or in connection with the casino (e.g., the operation of a hotel; the sale of
food, drinks, goods and services).
3.13. Electronic, computer or other technologic aid. “Electronic, computer or other
technologic aid” means any machine or device that: (i) assists a player or the playing of a
game; (ii) is not an electronic or electromechanical facsimile; and (iii) is operated in
accordance with applicable Federal communications law.
(a) Electronic, computer or other technologic aids include, but are not limited to,
machines or devices that:
(i)
broaden the participation levels in a common game;
(ii)
facilitate communication between and among gaming sites; or
(iii)
allow a player to play a game with or against other players, rather
than with or against a machine.
(b) Examples of electronic, computer or other technological aids include pull tab
dispensers and/or readers, telephones, cables, televisions, screens, satellites,
bingo blowers, electronic player stations, or electronic cards for participants in
bingo games.
3.14. Electronic or electromechanical facsimile. “Electronic or electromechanical
facsimile” means a game played in an electronic or electromechanical format that replicates
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 3
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
a game of chance by incorporating all of the characteristics of the game, except when, for
bingo, lotto and other games similar to bingo, the electronic or electromechanical format
broadens participation by allowing multiple players to play with or against each other rather
than with or against a machine.
3.15. Enforcement Action. “Enforcement Action” (as distinguished from “TGRA
Enforcement Action” defined below) means any action taken by the Chairperson of the
National Indian Gaming Commission (the “NIGC”) under 25 U.S.C. § 2713 against any
person engaged in gaming, for a violation of any provision of IGRA, the regulations of the
NIGC, or tribal regulations, ordinances or resolutions approved under 25 U.S.C. §§ 2710
or 2712 of IGRA, including but not limited to, a notice of violation, a civil fine assessment,
or an order for temporary closure. Enforcement Action does not include any action taken
by NIGC staff, including but not limited to, the issuance of a letter of concern under §
573.2 of 25 C.F.R. Part 573.
3.16. Facility License. “Facility License” means a separate license issued by the TGRA
to each place, facility or location on Indian lands where the Tribe elccts to allow Class II
Gaming or Class III Gaming.
3.17. Full TGRA. “Full TGRA” shall mean all current Commissioners unless recused or
conflicted.
3.18. Gaming or Gaming Activity. “Gaming” or “Gaming Activity” means the dealing
in, operation of, or maintenance of any game played with cards, dice, or the equipment of
any mechanical, electromechanical or electronic device or machine, for money, property,
checks, credit or any representation of value, including without limiting the generality of
the foregoing, faro; monte; roulette; keno; bingo fan-tan; bingo; twenty-one (blackjack);
seven-and-a-half; Klondike; craps; poker; chuck-a-luck; Chinese chuck-a-luck (dai-shu);
Wheel of Fortune; chemin de far; baccarat; pai-gow; beat the banker; panguingue; slot
machines; video poker machines; pull-tabs; any banked or percentage game; or any other
game or device approved by the Business Committee. The term does not include gaming
played in private homes or residences in which no Person makes or charges money for
operating the game, except as a player, or other functions otherwise sanctioned by the
Business Committee.
3.19. Gaming Device. “Gaming Device” means a slot machine, including an electronic,
electromechanical, electrical, or video device that, for consideration, permits individual
play with or against that device or the participation in any electronic, electromechanical,
electrical, or video system to which that device is connected; the playing of games thereon
or therewith, including but not limited to, the playing of facsimiles of games of chance or
skill; the possible delivery of, or entitlement by the player to, a prize or something of value
as a result of the application of an element of chance; and a method for viewing the
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 4
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
outcome, prize won, and other information regarding the playing of games thereon or
therewith.
3.20. Gaming Enterprise. “Gaming Enterprise” means each entity through which the
Tribe conducts, regulates, and secures gaming on Indian lands within the Tribe’s
jurisdiction pursuant to IGRA.
3.21. Gaming Facility or Facility. “Gaming Facility” or “Facility” means any building
in which Class II Gaming or Class III Gaming occurs, or in which the business records,
receipts, or other funds of the Gaming Operation are maintained (but excluding offsite
facilities primarily dedicated to storage of those records, and financial institutions), and all
rooms, buildings and areas, including parking lots and walkways, a principal purpose of
which is to serve the activities of the Gaming Operation, but does not include any such
facility that merely provides an incidental benefit to the Gaming Operation.
3.22. Gaming Operation. “Gaming Operation” means each economic entity that is
licensed by the Tribe, operates the games, receives the revenues, issues the prizes, and pays
the expenses. A Gaming Operation may be operated by the Tribe directly, by a
management contractor, or under certain conditions, by another person or other entity.
3.23. Gaming Resources. “Gaming Resources” means any goods or services provided
or used in connection with a Gaming Activity, whether exclusively or otherwise, including
but not limited to, equipment; furniture; gambling devices and ancillary equipment;
implements of a Gaming Activity such as playing cards and dice; furniture designed
primarily for a Gaming Activity; maintenance or security equipment and services; and
gaming consulting services. "Gaming Resources" does not include professional accounting
or legal services.
3.24. Gaming Resource Supplier. “Gaming Resource Supplier” means any person or
entity who or which, directly or indirectly, manufactures, distributes, supplies, vends,
leases or otherwise purveys Gaming Resources to the Gaming Operation or Gaming
Facility, provided that the TGRA may exclude from requirements for a Gaming Resource
Supplier, a purveyor of equipment or furniture that is not specifically designed for, and is
distributed generally for use other than in connection with, a Gaming Activity, if the
purveyor is not otherwise a Gaming Resource Supplier, the compensation received by the
purveyor is not grossly disproportionate to the value of the goods or services provided, and
the purveyor is not otherwise a person who exercises a significant influence over the
Gaming Operation.
3.25. House Banking Game. “House Banking Game” means any game of chance that is
played with the house as a participant in the game, where the house takes on all players,
collects from all losers, and pays all winners, and the house can win.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 5
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
3.26. IGRA. “IGRA” means the Indian Gaming Regulatory Act of 1988, as more
particularly defined above.
3.27. Indian lands. “Indian lands” means (a) land within the limits of an Indian
reservation; or (b) land over which an Indian tribe exercises governmental power, that is
either: (i) held in trust by the United States for the benefit of any Indian tribe or individual;
or (ii) held by an Indian tribe or individual subject to restriction by the United States against
alienation.
3.28. Indian tribe. “Indian tribe” means any Indian tribe, band, nation or other organized
group or community of Indians that the Secretary of the Interior recognizes as (a) eligible
for special programs and services provided by the United States to Indians because of their
status as Indians, and (b) having powers of self-government.
3.29.
Key Employee. “Key Employee” means:
(a)
A person who performs one or more of the following functions for the
Gaming Operation:
(1)
Bingo caller;
(2)
Counting room supervisor;
(3)
Chief of security;
(4)
Floor manager;
(5)
Pit boss;
(6)
Dealer;
(7)
Croupier;
(8)
Approver of credit;
(9)
Custodian of gaming systems as defined in 25 CFR 547.2 and
similar Class III systems, gaming cash or gaming cash equivalents,
gaming supplies or gaming system records; and
(10)
Custodian of surveillance systems or surveillance system records.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 6
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(b) Any Gaming Operation employee authorized by the Gaming Operation for
unescorted access to secured gaming areas designated as secured gaming areas by
the TGRA;
(c) If not otherwise licensed as a Key Employee or Primary Management Official,
the four persons most highly compensated by the Gaming Operation; and
(d) Any other employee of the Gaming Enterprise as documented by the Tribe as
a Key Employee.
3.30. Licensee. “Licensee” means any Person who has been issued a valid and current
Gaming license pursuant to the provisions of this Ordinance.
3.31. Management Contract. “Management Contract” means any contract, subcontract
or collateral agreement between an Indian tribe and a contractor, or between a contractor
and a subcontractor, if such contract or agreement provides for the management of all or a
part of a Gaming Operation. For purposes of this definition, the term “collateral agreement”
means any contract, whether or not in writing, that is related, either directly or indirectly,
to a Management Contract, or to any rights, duties or obligations created between a tribe
(or any of its members, entities or organizations) and a management contractor or
subcontractor (or any person or entity related to a management contractor or
subcontractor).
3.32. Net Revenues. “Net Revenues” means gross gaming revenues of the Gaming
Operation less (a) amounts paid out as, or paid for, prizes; (b) total gaming-related
operating expenses, including all those expenses of the Gaming Operation commonly
known as operating expenses, and non-operating expenses consistent with professional
accounting pronouncements, excluding management fees.
3.33. Patron. “Patron” means any person or group of persons who participates as a player
or players in a Gaming Activity as defined in this Ordinance; provided, however, that an
employee of the Gaming Operation shall not be included within the definition of a Patron.
3.34. Person. “Person” means any association, partnership, corporation, firm, trust or
other form of business association or entity, as well as a natural person.
3.35. Person having a direct or indirect financial interest in a Management
Contract. “Person having a direct or indirect financial interest in a Management Contract”
means:
(a)
When a Person is a party to a Management Contract, any Person having a
direct financial interest in such Management Contract;
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 7
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(b)
When a trust is a party to a Management Contract, any beneficiary or
trustee;
(c)
When a partnership is a party to a Management Contract, any partner;
(d)
When a corporation is a party to a Management Contract, any Person who
is a director or who holds at least 5% of the issued and outstanding stock
alone or in combination with another stockholder who is a spouse, parent,
child or sibling when the corporation is publicly traded, or the top ten (10)
shareholders for a privately held corporation;
(e)
When an entity other than a natural person has an interest in a trust,
partnership or corporation that has an interest in a Management Contract,
all parties of that entity are deemed to be Persons having a direct financial
interest in a Management Contract; or
(f)
Any Person or entity who will receive a portion of the direct or indirect
interest of any Person or entity listed above through attribution, grant,
pledge, or gift.
3.36. Person having management responsibility for a Management Contract.
“Person having management responsibility for a Management Contract” means the Person
designated by the Management Contract as having management responsibility for the
Gaming Operation or any portion thereof.
3.37.
Primary Management Official. “Primary Management Official” means:
(a)
Any Person having management responsibility for a Management Contract;
(b)
Any Person who has authority:
(1)
To hire and fire employees of the Gaming Operation; or
(2)
To establish policy for the Gaming Operation;
(c)
The chief financial officer or a position with duties similar to a chief
financial officer;
(d)
the general manager or a position with duties similar to a general manger;
and
(e)
Any other employed management official of the Gaming Enterprise as
documented by the Tribe as a Primary Management Official.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 8
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
3.38. Principal. “Principal” means with respect to any Person:
(a)
Each of its officers and directors;
(b)
Each of its principal management employees, including any chief executive
officer, chief financial officer, chief operating officer or general manager;
(c)
Each of its owners or partners, if an unincorporated business;
(d)
Each of its shareholders who own ten (10) percent or more of the shares of
the corporation, if a corporation;
(e)
Each Person other than a banking institution who has provided financing
for the entity constituting ten (10) percent or more of the total financing of
the entity; and
(f)
Each of the beneficiaries or trustees of a trust.
3.39. Regulations. “Regulations” mean the regulations of the TGRA promulgated under
or in furtherance of this Ordinance.
3.40. Reservation. “Reservation” means any of the Tribe’s lands meeting the definition
of “Indian lands” under IGRA.
3.41. Secretarial Procedures. “Secretarial Procedures” means a written document
prescribed by the Secretary pursuant to 25 U.S.C. § 2710(d)(7)(B)(vii), governing the
conduct of Class III Gaming on the Reservation.
3.42. Secretary. “Secretary” means the Secretary of the Interior.
3.43. TGRA Enforcement Action. “TGRA Enforcement Action” (as distinguished
from “Enforcement Action” of the NIGC defined above) means any action taken by the
TGRA against any Person for a violation of any provision of IGRA, the regulations of the
NIGC, or tribal regulations, ordinances or resolutions approved under 25 U.S.C. §§ 2710
or 2712 of IGRA, including but not limited to, a notice of violation, a civil fine assessment,
or an order for temporary closure.
3.44. TGRA Staff. “TGRA Staff” means all employees of the TGRA, including the
Executive Director, but does not include the Commissioner or other Commission
Members.
3.45. Tribal Gaming Regulatory Authority (TGRA). “Tribal Gaming Regulatory
Authority (TGRA)” or “TGRA” means the entities through which the Tribe conducts,
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 9
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
regulates, and secures gaming on Indian lands within the Tribe’s jurisdiction pursuant to
IGRA. The Rincon Tribal Gaming Commission shall serve as the Tribal Gaming
Regulatory Authority (TGRA) as defined by 25 C.F.R. §502.26.
3.46. Tribal-State Compact or Compact. “Tribal-State Compact” or “Compact” means
an agreement between a tribe and a state about Class III Gaming under 25 U.S.C. § 2710(d).
3.47. Tribe. “Tribe” means the Rincon Band of Luiseño Indians, a federally recognized
Indian tribe.
3.48. Words and Terms. In construing the provisions of this Ordinance, except when
otherwise plainly declared or clearly apparent from the context:
(a)
Words in the present tense shall include the future tense;
(b)
Words in the masculine, feminine or neuter genders shall include all
genders;
(c)
Words in the singular shall include the plural, and words in the plural shall
include the singular; and
(d)
Words shall be interpreted consistently with definitions promulgated by the
NIGC.
GAMING AUTHORIZED
4.01. Class II Gaming as defined in IGRA, and to the extent such regulations are lawful,
by the regulations promulgated by the NIGC (as may be amended from time to time) is
hereby authorized provided such gaming is consistent with this Ordinance.
4.02. Class III Gaming as defined in IGRA, and to the extent such regulations are lawful,
by the regulations promulgated by the NIGC at 25 C.F.R. § 502.4 (as may be amended
from time to time) is hereby authorized, provided such gaming is consistent with this
Ordinance and the Secretarial Procedures in effect, or otherwise has been authorized by the
Secretary or federal law.
4.03. All Class II Gaming and Class III Gaming, together with all Gaming Activity, must
first be authorized by this Section and approved by the Business Committee before such
Class II Gaming and Class III Gaming, together with all Gaming Activity, lawfully can
occur on the Reservation.
4.04. Unauthorized or Unapproved Gaming. No Person shall conduct any Gaming
Activity within the Reservation without the proper authority and the prior written approval
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 10
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
of the Business Committee. Any Person who commits any act of unauthorized or
unapproved Gaming Activity within the Reservation shall be guilty of a civil infraction and
may be prosecuted in the Tribal Court of the Tribe. Prosecution for such a civil infraction
in Tribal Court is not meant to be exclusive. Class II Gaming and Class III Gaming,
together with any Gaming Activity, by any Person on the Reservation, except as authorized
pursuant to this Ordinance, is strictly prohibited, and such Person may be subject to a civil
fine not to exceed $5,000 per violation.
OWNERSHIP OF GAMING OPERATION
The Tribe shall have the sole proprietary interest in and responsibility for the conduct of
any Gaming Operation authorized by this Ordinance; provided, however, that the Tribe may, in
accordance with IGRA, enter into a management contract for management of the Gaming
Operation. Further, the Tribe may contract with and license a Person to engage in any Gaming
Activity pursuant to the provisions of IGRA and the regulations promulgated thereunder, or as
otherwise permitted by law.
USE OF NET REVENUES
Net Revenues from Class II Gaming and Class III Gaming on the Reservation shall be used
only for the following purposes: a) to fund Tribal government operation and programs; b) to
provide for the general welfare of the Tribe and its members; c) to promote Tribal economic
development; d) to donate to charitable organizations; or e) to help fund the operations of local
government agencies. Any per capita payments funded by Net Revenues from Class II Gaming
and/or Class III Gaming shall only be made in compliance with the Tribe’s per-capita distribution
plan as approved by the Department of the Interior and in effect.
GAMING COMMISSION
7.01. Establishment of the Rincon Tribal Gaming Commission. The Rincon Tribal
Gaming Commission is established by this Ordinance, and shall serve as the Tribal Gaming
Regulatory Authority (TGRA) for the Tribe. The TGRA shall consist of five (5) Gaming
Commissioners appointed by a majority vote of the Business Committee. At least three (3)
of the Gaming Commissioners shall be enrolled members of the Tribe. All five (5) Gaming
Commissioners shall be at-will employees and shall serve at the discretion of the Business
Committee. The Business Committee shall fill any vacancy on the TGRA within thirty (30)
days after the occurrence of the vacancy.
(a)
Appointments of a Gaming Commissioner shall be for a period of four (4)
years, except that the Business Committee may appoint a Gaming
Commissioner for a shorter or longer term if such term will result in
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 11
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
staggered appointments and provide continuity within the TGRA. The
Gaming Commissioners may be reappointed for one or more successive
terms. Each new Gaming Commissioner shall be subject to a twelve (12)
month probationary period, provided that such probationary period shall not
affect the Gaming Commissioner’s right to benefits under the Tribal
employee personnel policies then in effect.
(b)
Each Gaming Commissioner serving on the TGRA as of the effective date
of this Ordinance shall complete the Gaming Commissioner’s current term
and shall be eligible for reappointment.
(c)
Each Gaming Commissioner must satisfy the suitability standards
established for Key Employees in this Ordinance. Gaming Commissioners
may not participate in matters relating to their personal background
investigations, and such background investigations shall be performed
under the direction of the Business Committee or its designee.
7.02. Restrictions on Gaming Commissioners. Gaming Commissioners may hold other
Tribal positions and engage in business; provided, however, that Gaming Commissioners
shall not engage in any business that is subject to the provisions of this Ordinance. Gaming
Commissioners shall not gamble in the Gaming Facility or have any personal financial
interest in any Gaming Activity by any Person. No member of the Business Committee
shall serve as a member of the TGRA during that member’s term on the Business
Committee. A Gaming Commissioner shall immediately resign from the TGRA (i) upon
the Gaming Commissioner's conviction in any federal, state, Tribal or other court of
competent jurisdiction for any felony or any misdemeanor, or for any civil infraction
related to illegal gambling or bribery, or (ii) upon a determination by the Business
Committee that a charge against the Gaming Commissioner is related to the Gaming
Commissioner's honesty or ability to fulfill the Gaming Commissioner’s duties. If a
Gaming Commissioner is found by a court of competent jurisdiction to have violated any
part of this Ordinance, the Gaming Commissioner shall immediately resign from the
TGRA.
7.03. Code of Ethics. The TGRA may adopt and revise from time to time a Code of
Ethics regulating the conduct of each Gaming Commissioner and the TGRA Staff. Such
Code of Ethics may only be adopted pursuant to TGRA Regulation.
7.04. Compensation of Gaming Commissioners. Gaming Commissioners shall be
compensated at a rate to be established annually by the Business Committee. Gaming
Commissioners shall be reimbursed for actual expenses incurred on TGRA business,
including necessary travel expenses.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 12
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
7.05. Selection of Chairperson. The Chairperson of the TGRA shall be appointed by
the Business Committee.
7.06. Meetings Open to the Public. General meetings of the TGRA may be open to the
public. Closed sessions may be held for good cause, including but not limited to, protection
of the privacy of Persons; consideration of personnel matters; consideration of licensing
determinations; review of background investigations; hearing of complaints against
individuals; and consideration of whether to include Persons on the list of excluded
individuals. All meetings shall be governed by Roberts Rules of Order or such other
procedures as the TGRA may adopt. Nothing herein shall preclude a vote from being taken
by the TGRA by telephone poll in an emergency when circumstances do not allow a
meeting of the full TGRA in one location in a timely manner.
7.07. Quorum Required. A quorum shall be required for any vote or decision by the
TGRA, and a quorum shall consist of three (3) members of the TGRA. Once a quorum is
established, all votes and decisions of the TGRA shall be made by a majority vote of those
present, unless indicated otherwise in this Ordinance.
7.08. Quarterly Reports. The TGRA shall make quarterly reports to the Business
Committee within thirty (30) days after the close of the quarter for which the information
is being required. The reports shall include a full and complete statement of all financial
transactions of the TGRA, and a summary of all licensing and TGRA enforcement actions.
Such reports may be in the form of minutes of the TGRA’s meetings, supplemented by any
additional documents as may be appropriate. Unless prevented by emergencies or other
obligations, the TGRA and the Business Committee shall meet on a quarterly basis for
presentation of the quarterly reports.
7.09.
Powers.
(a)
It is the responsibility of the TGRA to conduct on-site gaming regulation
and control in order to enforce the terms of the Secretarial Procedures,
IGRA, and this Ordinance with respect to Gaming Operation and Gaming
Facility compliance, and to protect the integrity of the Gaming Activity, the
reputation of the Tribe and the Gaming Operation, to ensure honesty and
fairness, and the confidence of patrons that Tribal government gaming
meets the highest standards of regulation and internal controls. To meet
those responsibilities, the TGRA shall adopt and enforce regulations,
procedures and practices as set forth herein.
(b)
The TGRA shall exercise all powers necessary to effectuate the purposes of
this Ordinance, and may exercise any proper power and authority necessary
or convenient to perform its responsibilities under this Ordinance. The
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 13
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
TGRA shall meet not less than once each month to make recommendations
and set policy, to approve or reject reports of the Gaming Operation
management, if any, and to transact other business that may be properly
brought before it. The ultimate power to interpret the Secretarial Procedures
or any Compact is specifically reserved to the Business Committee.
(c)
Nothing herein shall be interpreted to vest the TGRA with the power to
exercise jurisdiction over matters not Directly Related to Gaming.
7.10. Issuance of Regulations. The TGRA shall from time to time promulgate and issue
Regulations governing any aspect of its or the TGRA Staff’s responsibilities under this
Ordinance, which, so long as the Regulations are in furtherance of and not in conflict with
any provision of this Ordinance, shall have the force of law. In adopting, amending and
repealing Regulations, the TGRA shall give prior notice of the proposed action to the
Business Committee, all Licensees and other Persons whom the TGRA has reason to
believe have a legitimate interest in such proposed action. Said notice shall inform such
Persons as to the general nature of the proposed action and advise them as to the manner
in which comments on said proposed action shall be received by the TGRA. Notice may
be given by posting for at least one week at a place designated by the TGRA within the
Gaming Facility office complex. In emergencies, the TGRA may summarily adopt, amend
or repeal any Regulation if at the time, the TGRA determines such action is necessary for
the immediate preservation of the public peace, health, safety, morals, good order or
general welfare, and issues a statement of the facts constituting the emergency; provided,
however, that the TGRA shall schedule such emergency action for a regular hearing within
sixty (60) days, and provided further, that as soon as is reasonably possible, the TGRA
shall inform the Business Committee of any such emergency action. In adopting, amending
or repealing Regulations, the TGRA shall provide notice of the proposed action to the
general manager(s) of the Tribe's Gaming Operations and to the Chairperson of the
Business Committee at least twenty (20) days prior to the TGRA meeting at which the
proposed action is to be considered. The notice shall describe the general nature of the
proposed action and advise as to how comments on the proposed action will be received
by the TGRA. Notwithstanding the foregoing, the Business Committee, in the exercise of
its authority, may at any time ratify, revise or veto any Regulation, or any emergency or
other action taken by the TGRA with respect to any Regulation.
7.11. Request for TGRA Action. Any Person who is determined by the TGRA to be a
real party in interest may file a petition in a manner and form approved by the TGRA,
requesting the adoption, amendment or repeal of a Regulation. Upon receipt of the petition,
the TGRA shall within thirty (30) days deny the request in writing or schedule the matter
for action pursuant to this Ordinance and any rules and Regulations of the TGRA.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 14
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
7.12. Duties of the TGRA. The TGRA shall perform all duties, exercise all powers,
promulgate all Regulations, assume and discharge all responsibilities, and carry out and
affect all purposes of this Ordinance relating to the establishment and regulation of all
Gaming Activity within the Gaming Operation. In all decisions, the TGRA shall act to
promote and ensure the integrity, security, honesty, fairness and administration of the
Gaming Operation and all Gaming Activity. The TGRA's duties and powers shall include,
but not be limited to, the following:
(a)
Ensuring that all gaming fees for all Gaming Activity and any other fees
assessed by the NIGC are sent to the NIGC on a timely basis;
(b)
Corresponding with the NIGC regarding compliance with the rules and
regulations of the NIGC. The TGRA shall coordinate with the Business
Committee regarding correspondence with the NIGC on policy matters;
provided, however, that nothing herein shall preclude the TGRA from
corresponding with the NIGC on compliance matters without coordination
with the Business Committee;
(c)
Ensuring that all Gaming Activity is conducted honestly and fairly and that
the Gaming Facility is constructed in a manner that adequately protects the
environment and the public health and safety;
(d)
Establishing an adequate system, including fingerprint clearances with the
California Department of Justice and/or the NIGC, to ensure that
background investigations are conducted on all Primary Management
Officials and Key Employees of any Gaming Activity, and that oversight of
such officials and their management is conducted on an ongoing basis. The
TGRA will have final authority regarding the granting of Tribal licenses for
Primary Management Officials, Key Employees and other Persons. The
TGRA will review all Applications and background investigations to ensure
that no Person shall be eligible for employment in or with any part of the
Gaming Operation if that Person's prior activities, criminal record,
reputation, habits or associations pose a threat to the public interest or to the
effective regulation of the Gaming Operation or Gaming Activity, or create
or enhance the dangers of unsuitable, unfair or illegal practices, methods or
activities in the Gaming Operation or Gaming Activities. The TGRA shall
notify the NIGC of the results of such background checks before the
issuance of such licenses;
(e)
Reviewing all records, documents and anything else necessary and pertinent
to enforcement of any provisions of this Ordinance;
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 15
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
7.13.
(f)
Issuing subpoenas and compelling the attendance of witnesses for hearings
at any place within the Reservation, including administering oaths and
requiring testimony under oath. The TGRA may pay such transportation
and other expenses of witnesses as it may deem reasonable and proper;
(g)
In connection with the TGRA's power to hear appeals, determining whether
sanctions should be imposed upon, or conditions should be placed on, the
license of any Person subject to the jurisdiction of this Ordinance;
(h)
Imposing fines of up to $5,000 for each violation of this Ordinance; and
(i)
With the exception of conducting hearings pursuant to subparagraphs (f)
and (g) above, and promulgating rules and Regulations in the manner
provided in Section 7.10, delegating any of the TGRA’s duties and
authorities to the Executive Director.
Right of Inspection. The TGRA shall have the authority to:
(a)
Inspect and examine all Gaming Facilities and premises where Gambling
Devices or equipment are manufactured, sold or distributed;
(b)
Inspect all equipment and supplies in, upon or about a Gaming Facility, or
inspect any equipment or supplies, wherever located, which may have or
have been used in a Gaming Facility;
(c)
Summarily seize and remove from a Gaming Facility, wherever located, and
impound such equipment and supplies for the purpose of examination,
inspection, evidence or forfeiture;
(d)
Demand access to and inspect, examine and audit all papers, books and
records of applicants and Licensees respecting any income produced by any
Gaming Activity, and require verification of income and all other matters
affecting the enforcement of the policies of, or any of the provisions of, this
Ordinance; and
(e)
Seize and impound any Patron's winnings which the TGRA has reason to
believe may have been won or obtained in violation of this Ordinance.
7.14. Powers of Delegation; Budgeting Matters. The TGRA may organize itself into
such functional divisions as it may deem necessary, and may from time to time modify
such plan of organization. The TGRA shall establish its own budget for operations and
shall acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and
other things as it may deem necessary in carrying out its functions. The TGRA may also
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 16
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
incur such other expenses, within the limits of funding available to it, as it may deem
necessary for its operations. Within the limits of the TGRA’s annual budget, as approved
by the Business Committee, the TGRA shall employ and fix the salaries of or contract for
services of such professional, technical and operational personnel and consultants as the
execution of its duties and the operation of the TGRA may require. At the Business
Committee's discretion, said budget may be reviewed and modified by the Business
Committee. Upon the end of the budget year, any surplus existing in the budget shall be
refunded as directed by the Business Committee in its discretion.
7.15. Record-Keeping. The TGRA shall keep and maintain a file of all Applications for
licenses under this chapter, together with a record of all action taken with respect to such
Applications in the matter detailed in Section 8.03.
7.16. Processing Employee and Patron Complaints. The TGRA may receive any
complaint from an employee of the Gaming Operation or any member of the public who is
or claims to be adversely affected by an act or omission related to any Gaming Activity
which is asserted to violate the Compact or Secretarial Procedures, this Ordinance, or any
Regulation, and may upon consideration of such complaint order such remedial action as
it deems appropriate to bring the Gaming Activity into compliance with such provisions.
The TGRA may for this purpose, in its sole discretion, direct the Executive Director to
conduct a hearing and receive evidence with regard to such complaint if the TGRA deems
an evidentiary proceeding useful in the resolution of such complaint.
7.17.
Violations of Ordinance – Civil Infraction.
(a)
Policy of Ensuring Compliance Whenever Possible Without Formal
Imposition of Fines or Suspension or Revocation of License. Whenever
the TGRA is considering enforcement action in the form of imposing fines,
or suspending, revoking or placing conditions on a license, the TGRA shall
first inform the potential subject of the disciplinary action of the nature of
the violation and the steps that need to be taken to ensure compliance with
this Ordinance, the Secretarial Procedures, Tribal law and/or IGRA. The
TGRA shall meet and confer with the potential subject of the disciplinary
action and attempt in good faith to bring the subject into compliance. Only
after all reasonable efforts to bring the subject into compliance have been
taken and failed without taking enforcement action shall the TGRA proceed
with the imposition of the fine and/or action on the subject’s license.
(b)
Any violation of this Ordinance is a civil infraction, and any person found
to have committed such an infraction is subject to the imposition of a fine
of not more than $5,000 for each violation.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 17
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(c)
Any money, other representation of value, or real or personal property used
in or derived from participation in any activity conducted in violation of this
Ordinance shall be subject to seizure by Tribal Law Enforcement Officers,
and forfeited to the Tribe's treasury upon a finding by the TGRA that such
money, other representation of value, or real or personal property was used
in or derived from participation in an activity conducted in violation of this
Ordinance. Tribal Law Enforcement Officers shall coordinate and
cooperate with the Executive Director in the issuance of citations and
seizure of property used in the commission of a violation of this Ordinance.
A Tribal Law Enforcement Officer shall accompany the Executive Director
during the issuance of any such citation or seizure of property.
(d)
Winnings found to have been received in violation of this Ordinance shall
be forfeited and become the property of the Tribe.
(e)
The general manager of the Gaming Operation, the Assistant Executive
Director and the head of security for the Gaming Operation (as designated
by the general manager) and their designees shall have the power to
temporarily detain any Person suspected of violating this Ordinance and
seize evidence if the general manager or the head of security for the Gaming
Operation or their designees determine that such action is necessary to
preserve any Person or evidence for Tribal Law Enforcement Officers or
other law enforcement officials. Any such action, however, shall be
undertaken in consultation with the Executive Director of the TGRA or
his/her designee.
(f)
Nothing in this Ordinance shall be interpreted to require any Commissioner,
or TGRA staff, including its Executive Director and Compliance Manager
to detain any Person and seize any evidence within the Gaming Facility.
Detention and seizure actions taken in the Gaming Operation shall be
completed in coordination with Tribal Law Enforcement and pursuant to
any applicable Regulation adopted pursuant to Section 7.10 of this
Ordinance.
(g)
The detention of any Person shall be for a temporary period and for the sole
purpose of identifying such Person, and for purposes of notifying and
summoning appropriate law enforcement authorities and detaining such
Person as long as is necessary to transfer the Person to the appropriate law
enforcement officers. Detention of any Person shall not unduly interfere
with the business of the Gaming Operation. A Person shall be transferred to
appropriate law enforcement officers as soon as reasonably possible. Any
area within which a Person is detained pursuant to this Ordinance shall be
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 18
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
equipped with both video and audio recording capabilities. Any Person
detained in such an area shall be kept under both video and audio
observation during such temporary detention.
(h)
Any violations of this Ordinance may result in a Person being prohibited
from being present within the Gaming Facility; license suspensions,
revocations or limitations; and the Gaming Facility of portions thereof being
closed through the issuance by the TGRA of a cease and desist order. All
such action shall be taken at the discretion of the TGRA, subject to the right
of any Person to appeal a civil fine or forfeiture of property to the Full
TGRA. A Person who violates this Ordinance may also be required to pay
costs, storage fees, and auction or sales fees.
7.18. Limitations Period. No fine shall be assessed, nor shall any action be taken for
any violation of this Ordinance, unless a notice of such violation of this Ordinance is filed
with the TGRA within two (2) years of the alleged violation.
7.19. Limitation on Gifts and Compensation. Commissioners, TGRA Staff, and their
immediate families shall receive no personal compensation, gift, reimbursement or
payment of any kind from any Person doing or wishing to do business with the Tribe
relating to Gaming, or from any Person wishing to obtain an unfair advantage in any
authorized wager on Gaming, except as may be authorized in a duly adopted Code of
Ethics. Any Person suspected of violating this provision may be prosecuted to the fullest
extent possible under Tribal Law for accepting a bribe, and any property received in
violation of this provision shall be forfeited to the Tribe. Payments made pursuant to the
Tribe’s Revenue Allocation Plan do not violate this provision. The TGRA shall cooperate
to the fullest extent possible with any federal, Tribal or state law enforcement agency to
pursue prosecution under applicable federal, Tribal or state law.
EXECUTIVE DIRECTOR
8.01.
Qualifications of Executive Director; Salary.
(a)
The position of Executive Director of the TGRA is hereby created. The
Commissioners of the TGRA shall appoint the Executive Director, subject
to confirmation by the Business Committee. Selection and employment of
the Executive Director shall also be conducted in accordance with the
Tribe’s employment policies and procedures.
(b)
No member of the Business Committee, no person holding any elective
office, and no officer or official of any political party is eligible for
appointment as Executive Director.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 19
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
8.02.
(c)
The Executive Director must have at least five (5) years of administrative
experience in public or business administration, must possess broad
management skills, and must have at minimum a degree in Business
Administration, Law, Accounting, Criminal Justice or like degree from an
accredited college or university.
(d)
The Executive Director shall devote his or her entire work time and
attention to the duties imposed under this Ordinance and the business of the
TGRA, and shall not pursue any other business or occupation, or hold any
other office for profit, unless approved by the TGRA.
(e)
The Executive Director shall not have any pecuniary interest in any business
or company holding a license under this Ordinance or doing business with
any person licensed under this Ordinance.
(f)
The Executive Director is entitled to an annual salary as set by the annual
TGRA budget.
Authority of Executive Director.
(a)
The TGRA Executive Director shall furnish to the TGRA such
administrative and clerical services, and such furnishings, equipment,
supplies, stationery, books and other things, as the TGRA may deem
necessary or desirable in carrying out its functions;
(b)
The Executive Director shall employ division directors that possess at least
two (2) years of training and experience in the fields of accounting,
investigation, law enforcement, law or gaming;
(c)
The Executive Director shall have authority to hire such professional,
clerical, technical and administrative personnel as may be necessary to carry
out the provisions of this Ordinance;
(d)
The Executive Director shall have the authority to make decisions regarding
licensure and compliance with this Ordinance, subject to appeal as provided
herein; and
(e)
The Executive Director, in pursuit of the attainment of the objectives and
the purposes of this Ordinance, may:
(i)
Direct and supervise all administrative actions of the TGRA;
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 20
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(ii)
Sue on behalf of the TGRA, after consultation with and approval of
the TGRA;
(iii)
Make, execute and effectuate any and all agreements or contracts,
including contracts for the purchase of goods and services, as are
necessary to carry out the provisions of this Ordinance; provided,
however, that all such agreements or contracts shall be made,
executed and effectuated in accordance with the procurement
policies and procedures of the Tribe;
(iv)
Employ the services of such persons as are considered necessary for
the purposes of consultation or investigation, and fix the salaries of
or contract for the services of such legal, professional, technical and
operational personnel and consultants within the annual budget
approved by the TGRA; provided, however, that the selection and
employment of all such persons shall be conducted in accordance
with the employment policies and procedures of the Tribe;
(v)
Appoint such staff as the Executive Director determines appropriate,
consistent with the TGRA’s annual budget approved by the
Business Committee;
(vi)
Conduct all investigations, including required background
investigations, and suspend, revoke, issue or deny any licenses; and
(vii)
Perform such other duties as the Executive Director deems
necessary to effectuate the purposes of this Ordinance, or from time
to time as assigned by the TGRA.
(f)
Nothing herein shall be interpreted to vest the Executive Director with
power to exercise any TGRA jurisdiction over any matter not directly related to the
regulation of Gaming Activity.
8.03. Files and Records to be Maintained by the Executive Director and the TGRA;
Confidentiality of Information.
(a)
The Executive Director shall maintain a file of all Applications for licenses
under this Ordinance, together with a record of all actions taken with respect
to those Applications.
(b)
The TGRA and Executive Director may maintain such other files or records
as they deem desirable.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 21
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(c)
All information and data:
(i)
Included within any Application for license or supporting materials;
(ii)
Required by the TGRA or the Executive Director to be furnished to
them under this Ordinance, or which may otherwise be obtained
relative to the finances, earnings or revenues of any applicant or
Licensee;
(iii)
Pertaining to an applicant's criminal record, antecedents or
background which has been furnished to or obtained by the TGRA
or the Executive Director from any source;
(iv)
Provided to the members of the TGRA or the Executive Director or
their employees by a governmental agency or an informant, or on
the assurances that the information will be held in confidence and
treated as confidential;
(v)
Pertaining to the identity of any informant;
(vi)
Obtained by the Executive Director or the TGRA from a supplier
relating to the manufacturing of gaming devices or gaming goods;
and
(vii)
The signed Conflict of Interest policies of the Executive Director,
all Commissioners and TGRA employees;
are confidential and may be revealed in whole or in part only in the course
of the necessary administration of this Ordinance, upon the lawful order of
a court of competent jurisdiction, or at the direction of the TGRA pursuant
to its duties and obligations under this Ordinance. All records retained by
the Executive Director or the TGRA shall be retained for a period of five
(5) years, after which such records may be disposed of at the discretion of
the TGRA. Notwithstanding this provision, the annual TGRA budget shall
be made available to any adult, enrolled member of the Tribe upon written
request. It is a violation of this Ordinance for a Person to falsify, destroy,
erase or alter any records of any kind or other information relating to the
Gaming Operation in a manner other than as provided in this Ordinance, a
Regulation or other TGRA policies.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 22
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
LICENSING
9.01. License Requirements. Any Person seeking to conduct, operate or manage any
Gaming Activity on the Reservation shall apply for and receive all the required licenses
from the TGRA prior to engaging in any Gaming Activity. All Gaming Resource Suppliers
which, directly or indirectly, provide, have provided, or are deemed likely to provide at
least twenty-five thousand dollars ($25,000) in Gaming Resources in any twelve (12)month period, shall apply for and receive all the required licenses from the TGRA prior to
providing Gaming Resources. All Gaming Employees shall apply for and receive all the
required licenses from the TGRA prior to employment. Any Person seeking to conduct,
operate, or manage any Gaming Activity without first obtaining the required licenses shall
be deemed in violation of this Ordinance and shall be subject to fines and penalties as set
forth herein. Nothing in this Section shall prohibit a Person from being temporarily
employed in a Gaming Activity or as a Gaming Employee after being hired for a short
period of time, not to exceed thirty (30) days, pending the grant of a temporary license in
conformance with background investigation and licensing procedures adopted by the
TGRA.
9.02. Nature of Gaming License. A Tribal Gaming license is a revocable privilege, and
the issuance of a license shall not create any vested right. A Tribal Gaming license is
personal to the Licensee or specific to the Gaming Facility, and may not be reassigned or
transferred.
9.03. Licensing, Regulations and Procedures. The TGRA shall promulgate licensing
Regulations governing the issuance, renewal, denial, suspension and revocation of licenses.
9.04. Licenses. The TGRA shall require licenses for all Persons, entities, and facilities
for which a Tribal Gaming license is required under IGRA, the Secretarial
Procedures or a Compact, including:
(a)
Class II and Class III Gaming Facilities;
(b)
Key Employees;
(c)
Primary Management Officials;
(d)
Gaming employees; and
(e)
Gaming Resource Suppliers.
9.04.01
Gaming Employee Licensing.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 23
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(a)
Every Gaming employee shall obtain, and thereafter maintain
current, a valid Tribal gaming license, which shall be subject to
biennial renewal, provided that Gaming employees may be
employed on a temporary or conditional basis pending completion
of the licensing process.
(b)
Except as provided in subdivisions (c) and (d), if the NIGC makes
an objection that an applicant or Licensee is not suitable, such
Person is not eligible for licensure.
(c)
Notwithstanding subdivision (a), if the NIGC objects to a Person’s
determination of suitability, or to a renewal of such a determination,
the Person may continue to be employed if: (i) the Person holds a
valid and current license issued by the TGRA that is renewed at least
biennially; or (ii) the objection of the NIGC is based solely on
activities, conduct or associations arising prior to the filing of the
Person's initial application for a determination of suitability.
(d)
Notwithstanding subdivision (a), if the NIGC objects to a Person’s
determination of suitability, or a renewal of such a determination,
such Person is not prohibited from obtaining a license from the
TGRA, provided that the Person is otherwise found suitable, if the
Person is an enrolled member of the Tribe, and if (i) the Person holds
a valid and current license issued by the TGRA that is renewed at
least biennially; (ii) the objection of the NIGC is based solely on
activities, conduct, or associations that arose prior the filing of the
Person's initial application for a determination of suitability; and (iii)
the Person is not an employee or agent of any other Gaming
Operation.
9.05. Facility Licenses. A separate license shall be required for each place, facility, or
location on Indian lands where Class II Gaming or Class III Gaming is to be conducted
under this Ordinance, subject to renewal at least every two (2) years. Prior to issuance of a
Facility License, the TGRA must determine that substantial compliance with all of the
requirements of this Ordinance has been met regarding the facility.
9.06. Additional Licensing Authority. The TGRA may require additional licenses for
Persons, entities and facilities that the TGRA determines are necessary to ensure the
integrity of any Gaming Activity, to eliminate a threat to the public interest, or to protect
the assets of the Tribe, including Persons and entities that provide goods and services to
the Gaming Operation. The circumstances under which such additional licenses shall be
required shall be set forth by the TGRA in one or more Regulations.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 24
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
9.07. Prohibition Against Unlicensed Activities. Engaging in any unlicensed activity
for which a license is required pursuant to this Ordinance and its implementing Regulations
without obtaining the required license constitutes a violation of this Ordinance, and any
Person who engages in such activity without a license shall be subject to TGRA
enforcement actions and penalties as set forth in this Ordinance.
9.08. Authorization of Class II Gaming Activity; Net Revenue Allocation; Audits;
Contracts.
(a)
A separate license issued by the TGRA shall be required for each Gaming
Facility located on the Reservation at which any Class II Gaming Activity
is conducted.
(b)
The TGRA may regulate a Tribally-owned Class II Gaming Activity if:
(i)
Such Gaming Activity is located on the Reservation and the State of
California permits such Gaming Activity for any purpose by any
Person, organization or entity and such Gaming Activity is not
otherwise specifically prohibited on Indian lands by federal laws;
and
(ii)
The Tribe will have the sole propriety interest and responsibility for
the conduct of such Gaming Activity; and
(iii)
Net Revenue from such Gaming Activity is used in accordance with
this Ordinance, other applicable Tribe law and federal law; and
(iv)
Such Gaming Activity is subject to annual outside audits, which
may be encompassed within existing independent Tribal audit
systems and provided to the Business Committee; and
(v)
All contracts for supplies, services or concessions for an aggregate
amount in excess of $25,000 annually relating to such Gaming
Activity are also subject to independent audits; and
(vi)
The construction and maintenance of the Gaming Facility and the
operation of that Gaming Facility is conducted in a manner which
adequately protects the environment and the public health and
safety; and
(vii)
All Primary Management Officials and Key Employees of the Class
II Gaming Activity have successfully passed a background
investigation, which is approved by the TGRA, or are in the process
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 25
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
of being licensed in conformance with the procedures adopted by
the TGRA.
9.09. Issuance of Tribal Gaming Licenses - Objections. The TGRA may consult with
appropriate law enforcement officials concerning any Gaming licenses it may issue. If,
after issuance of a Gaming license by the TGRA, reliable information is received that a
Licensee does not meet the eligibility criteria set forth herein, the Executive Director shall
suspend such license and, after notice and hearing, the Executive Director may revoke such
license.
9.10. License & Regulation of Class III Gaming Activities - Secretarial Procedures
Required. The TGRA may license and regulate Class III Gaming Activity if:
(a)
Such Gaming Activity meets the requirements of Section 4 of this
Ordinance; and
(b)
Such Gaming Activity is conducted in conformance with the terms and
conditions of the Secretarial Procedures in effect, or otherwise has been
authorized by the Secretary of the Interior or federal law.
9.11. Notification of Change of Principals. After an entity is licensed pursuant to this
Ordinance, it shall file a report of each change of its principals with the Executive Director.
The Executive Director may, at his/her discretion, request that a new principal file with the
TGRA a complete Application within thirty (30) days after appointment or election. The
entity’s license shall remain valid unless the Executive Director disapproves the change or
denies the Application.
9.12. Application Fee. The TGRA may set a fee for Applications, background
investigations and licenses. All money orders or checks for such fees shall be made payable
to the Tribe and delivered to the Tribe's accounting office. Nothing herein shall prohibit
the TGRA from collecting fees for Applications, background investigations and licenses
through payroll deduction.
9.13. Background Investigation. No license shall be granted to any Person who has
been determined to be a Person whose prior activities, criminal record or reputation, habits
and associations pose a threat to the public interest or to the effective regulation and control
of Gaming, or create or enhance the dangers of unsuitable, unfair or illegal practices,
methods or activities in the conduct of Gaming, or the carrying on of the business and
financial matters incidental thereto.
9.14. Failure of Applicant to Disclose Material Information. An applicant for
licensing shall make true and full disclosure of all information to the TGRA as necessary
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 26
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
to carry out the policies of this Ordinance. It shall constitute a violation of this Ordinance
to fail to disclose, to mislead or to misstate any material information to the TGRA or TGRA
Staff. It is the duty of the applicant to disclose all information material to whether the
applicant’s involvement with Gaming would jeopardize or compromise the Tribal interest,
whether or not the applicant has been specifically requested to provide that information.
Any failure to disclose, misstatement, or furnishing of misleading information shall be
grounds for denial, suspension or revocation of a license.
9.15. Temporary Gaming License. The TGRA may issue a temporary Gaming license
to any Person applying for a license to work in a licensed Gaming Facility, which shall be
valid pending the background investigation of the applicant. In no event shall a temporary
license be valid for greater than ninety (90) days for Primary Management Officials and
Key Employees, or one hundred eighty (180) days for all other Persons.
9.16. Parameters of Licenses. Violation by a Licensee of any provision of this
Ordinance or of its implementing Regulations shall be deemed grounds for refusing to grant
or renew a license, suspension or revocation of a license. Acceptance of a Gaming license
or renewal thereof, or any condition imposed upon a Licensee, constitutes an agreement on
the part of the Licensee to be bound by all the Regulations and conditions of the TGRA,
and by the provisions of this Ordinance as the same are now, or may hereafter be, amended
or promulgated, and to cooperate fully with the TGRA and the TGRA Staff. It is the
responsibility of the Licensee to keep informed of the contents of this Ordinance and all
Regulations, amendments, provisions and conditions thereof; ignorance thereof will not
excuse violations.
9.17. Initial Licensing. The initial decision to approve, disapprove, revoke, suspend,
limit or condition a license shall be made by the Executive Director.
9.18. Voting on Licensing; Notice Procedures and Review Hearings. Following a
determination by the Executive Director, the applicant or Licensee shall be notified in
writing of the approval, disapproval, limitation, condition, suspension or revocation of a
license by either personal service or certified mail to the last known address provided to
the Executive Director. The Executive Director shall not be responsible for undeliverable
mail. Should an applicant or Licensee disagree with the determination of the Executive
Director, the applicant or Licensee shall submit a written statement to the Executive
Director within ten (10) days from the date of the postmark on the written notice of
determination. The Executive Director shall hold a hearing to review the Executive
Director’s determination no less than twenty (20) days from the date the applicant or
Licensee files his/her disagreement with the Executive Director. The applicant or Licensee
shall be notified in writing of the date, time and place for the review hearing. At the hearing,
the burden shall be on the applicant or Licensee to show cause why the Executive Director's
determination was incorrect.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 27
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
9.19. Executive Director Findings Following Review Hearing. Following such review
hearing, the Executive Director shall within ten (10) days issue a final determination
concerning:
(a)
The accuracy of any preliminary certifications of facts; and
(b)
Whether the license in question should be denied, granted, continued,
suspended, revoked, conditioned or limited; and
(c)
Whether any other action, including but not limited to forfeitures, should be
taken.
9.20. Notification of Executive Director Decision. Within five (5) working days
following a final determination, the Executive Director shall inform the applicant or
Licensee in writing of that final determination. Written notification may be delivered to the
applicant or Licensee in person, by fax, or by mailing to the applicant’s or Licensee’s last
known address. If not appealed, such determination shall be the final decision of the TGRA.
9.21.
Right to Appeal; Scope of Review; Timing.
(a)
The applicant or Licensee shall have a right to appeal the final determination
of the Executive Director, other than a civil fine or forfeiture action, to the
Full TGRA. Appeal must be made to the TGRA in written form on or before
the tenth (10th) day following receipt of the written determination of the
Executive Director.
(b)
The decision of the Executive Director shall be affirmed unless the Full
TGRA determines that the decision is:
(1)
Ultra vires;
(2)
Arbitrary, capricious or an abuse of discretion;
(3)
Contrary to law; or
(4)
Unsupported by substantial evidence.
(c)
Such appeals shall be heard within ninety (90) days of the filing of the notice
of appeal.
(d)
Adjudication of such appeal by the Full TGRA shall be final and no other
appeal shall be permitted.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 28
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
9.22. Ability to Reapply for a License. After a review hearing, if an applicant’s or
Licensee’s license has been denied, suspended, or revoked, the applicant or Licensee shall
not be permitted to re-apply for a license for at least one (1) year from the date of the denial,
suspension, or revocation.
9.23.
Right to Appeal Civil Fine and Forfeiture Action to the Full TGRA.
(a)
A Person who has been the subject of a forfeiture action or has been fined
by the TGRA shall have a right to appeal the issuance of the fine or order
of seizure of property to the Full TGRA. Appeal must be made to the Full
TGRA in written form on or before the tenth (10th) day following the
issuance of the fine or forfeiture action.
(b)
The TGRA’s issuance of a fine or seizure and forfeiture of property shall be
affirmed unless the Full TGRA determines that the decision is:
(1)
Ultra vires;
(2)
Arbitrary, capricious or an abuse of discretion;
(3)
Contrary to law; or
(4)
Unsupported by substantial evidence.
9.24. Registration of Persons Providing Goods and Services to the Gaming
Operation. All Persons providing $50,000 or more in goods or services to the Gaming
Operation in a calendar quarter shall register with the TGRA. Registration shall be
accomplished by completing and submitting the registration form provided by the TGRA,
which registration form must be submitted to the TGRA within ten (10) days of such Person
providing $50,000 or more in goods or services to the Gaming Operation in a calendar
quarter. The TGRA shall promulgate a Regulation adopting a form of registration form
within ninety (90) days of approval of this Ordinance. The Gaming Operation shall notify
Persons providing goods or services to the Gaming Operation that they may be obligated
to complete the registration form. It is the responsibility of the Person providing goods or
services of $50,000 or more to the Gaming Operation in a calendar quarter to complete the
registration form, and it is their responsibility to update the registration form in the event
of any change in information. To facilitate compliance with this Section, the Gaming
Operation shall establish a tracking system to monitor the purchase of goods and services
of $50,000 or more from any Person in a calendar quarter. The Gaming Operation shall
make this information available to the TGRA upon request. This registration obligation
shall become effective sixty (60) days after the effective date of this Ordinance or
promulgation of the Regulation adopting a form of registration form, whichever is later.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 29
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
9.25. Waiver of Licensing and Registration for Certain Entertainers. The TGRA has
determined that registration and licensing of certain entertainers is not necessary to protect
the public interest, regardless of the value of services provided, subject to the requirements
of this Section. In the event the Tribe or Gaming Operation contracts directly with an
entertainer, the TGRA will waive the certification and licensing requirements for an
entertainer, employees of the entertainer, and Persons providing personal services to the
entertainer who are paid by the entertainer so long as: (A) the entertainer does not perform
within the Gaming Facility more than three days in a calendar year; and (B) the entertainer,
employees of the entertainer, and Persons providing personal services to the entertainer
who are paid by the entertainer are not allowed unescorted access to any secure area of the
Gaming Facility. Performances ending after midnight that are part of a show or series of
shows that started the previous evening will be considered part of the performance from
the previous evening, and performances do not include setting up and tearing down the
stage, props, or light and sound equipment, or warm-ups and sound checks. The TGRA
may rescind this waiver if it has a reasonable, good faith belief that the entertainer,
employees of the entertainer, or Persons providing personal services to the entertainer who
are paid by the entertainer would pose a threat to the public interest.
MANAGEMENT CONTRACTS
10.01. TGRA Licensing of Management Contractor Required.
(a)
Any Management Contract entered into by the Tribe for the operation and
management of Class II Gaming Activity or Class III Gaming Activity must
provide that the parties in interest associated with the Management
Contractor shall submit to a suitability determination by and the licensing
requirements of the TGRA. The TGRA may require and obtain the
following information:
(i)
The name, address and other additional pertinent background
information on each Person including, in cases involving entities,
each individual, partner, officer, shareholder, and director of such
entity having direct financial interest in or management
responsibility for, such entity; and in the case of a corporation, those
individuals who serve on the board of directors of such corporation
and each of its stockholders who hold, directly or indirectly, 10% or
more of its issued and outstanding stock; and
(ii)
A complete financial statement for each Person listed pursuant to
subsection (i) above.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 30
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(b)
Any Person listed pursuant to subsection (a)(i) above shall be required to
respond to such written or oral questions that the TGRA may propound in
accordance with its responsibilities under this Ordinance.
(c)
The TGRA may require management contractors and potential management
contractors to pay a fee as set from time to time to cover the cost of the
investigation necessary to reach a suitability determination as required by
this Ordinance.
10.02. Provisions of Management Contracts. Any Management Contract entered into
by the Tribe must include the following provisions:
(a)
That accounting procedures are maintained, and verifiable financial reports
are prepared, by or for the Business Committee on a monthly basis;
(b)
For access to the daily operations of the Gaming Facility to appropriate
Tribal officials and their accountants and assistants, who shall also have a
right to verify the daily gross revenues of the Gaming Operation and income
made from any Gaming Activity or other activities managed pursuant to the
Management Contract;
(c)
For a minimum guaranteed payment to the Tribe that has preference over
the retirement of development and construction costs;
(d)
For an agreed ceiling for the repayment of development and construction
costs;
(e)
For a Management Contract term not to exceed five (5) years, except that,
upon the request of the Tribe, a Management Contact term that exceeds five
(5) years but does not exceed seven (7) years;
(f)
For grounds and mechanisms for terminating such Management Contract;
and
(g)
That preference will be given to Tribal members and non-member Indians
in the hiring of employees for the Gaming Facility.
10.03. Percentage of Net Revenue Fees. A Management Contract providing for a
management fee based upon a percentage of the Net Revenues of a Gaming Operation shall
not exceed 30% of the Net Revenue, unless the Business Committee is satisfied that the
capital investment required, and the income projections for, such Gaming Operation justify
an increased management fee, provided that in no event shall such increased management
fee exceed 40% of Net Revenue.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 31
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT
OFFICIALS
11.01. Policies and Procedures. The TGRA shall ensure that the policies and procedures
set out in this Section are implemented with respect to Key Employees and Primary
Management Officials employed at any Class II or Class III Gaming Operation operated
on the Reservation.
11.02. Application Forms.
(a)
The following notice shall be placed on the Application form for a Key
Employee or a Primary Management Official 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. 2701 et seq. The purpose of the requested
information is to determine the eligibility of individuals to be granted a
gaming license. The information will be used by the Tribal gaming
regulatory authorities and by the National Indian Gaming Commission
members and staff who have need for the information in the
performance of their official duties. The information may be disclosed
by the Tribe or the National Indian Gaming Commission to appropriate
Federal, Tribal, State, local, or foreign law enforcement and regulatory
agencies when relevant to civil, criminal or regulatory investigations or
prosecutions or when pursuant to a requirement by a tribe or the
National Indian Gaming Commission in connection with the issuance,
denial, or revocation of a gaming license, or investigations of activities
while associated with a tribe or a gaming operation. Failure to consent
to the disclosures indicated in this notice will result in a tribe's being
unable to license you for a primary management official or key
employee position.
The disclosure of your Social Security Number (SSN) is voluntary.
However, failure to supply a SSN may result in errors in processing your
Application.
(b)
Existing Key Employees and Primary Management Officials shall be
notified in writing that they shall either:
(i)
Complete a new Application form that contains a Privacy Act
Notice; or
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 32
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(ii)
Sign a statement that contains the Privacy Act Notice and consents
to the uses described in that notice.
11.03. Application Notice. The following notice shall be placed on the application form
for a Key Employee or a Primary Management Official before that form is filled out by an
applicant:
A false statement on any part of your license application may be grounds for
denying a license or the suspension or revocation of a license. Also, you may be
punished by fine or imprisonment (U.S. Code, Title 18, Section 1001).
11.04. Updated Notice. The Executive Director shall provide notice in writing to existing
Key Employees and Primary Management Officials that they shall either:
(a)
Complete a new Application form that contains the notice set forth in
Section 11.03; or
(b)
Sign a statement that contains the notice set forth in Section 11.03.
11.05. Background Investigations. Each Primary Management Official and each Key
Employee shall provide the TGRA with the following information:
(a)
Full name, other names used (oral or written), Social Security Number(s),
birth date, place of birth, citizenship, gender, all languages spoken or
written;
(b)
Currently and for the previous five (5) years: all businesses in which the
applicant holds an ownership interest, all business and employment
positions held, all business and residential addresses, and driver's license
numbers;
(c)
The names and current addresses of at least three personal references,
including one personal reference that was acquainted with the applicant
during each period of residences listed under paragraph (b) of this Section;
(d)
Current business and residence telephone numbers, and all cell phone
numbers;
(e)
A description of any existing and previous business relationships with any
Indian tribes, including ownership interests in those businesses;
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 33
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(f)
A description of any existing and previous business relationships with the
gaming industry generally, including ownership interests in those
businesses;
(g)
The name and address of every 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 for which there is an ongoing prosecution or a conviction,
the charge, the name and address of the court involved, and the date and
disposition if any;
(i)
For each misdemeanor conviction or ongoing misdemeanor prosecution
(excluding minor traffic violations), within ten (10) years of the date of the
Application, the name and address of the court involved and the date and
disposition;
(j)
For any Gaming-related criminal conviction, whether such conviction was
for a felony or misdemeanor;
(k)
For each criminal charge (excluding minor traffic charges), within ten (10)
years of the date of the Application, whether or not there is a conviction, the
name and address of the court involved and the date and disposition;
(l)
The names and address of each licensing or regulatory agency with which
the applicant has filed an application for an occupational license or permit,
whether or not such license or permit was granted;
(m)
A current photograph;
(n)
Any other information the TGRA may deem relevant under the
circumstances; and
(o)
Fingerprints consistent with procedures adopted by the TGRA in
accordance with 25 C.F.R. §522.2 (g).
The Executive Director shall be responsible for the conduct of an investigation
sufficient to make a determination under Section 11.06 below. The Executive Director shall
conduct a background investigation that meets or exceeds the requirements of 25 C.F.R.
§§ 556 and 558. In conducting a background investigation, the Executive Director shall
keep confidential the identity of each Person interviewed in the course of the investigation.
This confidentiality shall also be maintained by the TGRA and any other person provided
with such information.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 34
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
11.06. Eligibility Determination. The Executive Director shall review an applicant's prior
activities, criminal record, if any, and reputation, habits and associations to make a
determination, pursuant to this Ordinance, concerning the suitability for licensure of Key
Employee and Primary Management Official applicants. No license shall be issued to an
applicant unless, based on all information and documents submitted, the TGRA is satisfied
that the applicant is all of the following:
(a)
A person of good character, honesty and integrity.
(b)
A person whose prior activities, criminal record (if any), reputation, habits,
and associations do not pose a threat to the public interest or to the effective
regulation and control of gambling, or create or enhance the dangers of
unsuitable, unfair, or illegal practices, methods, or activities in the conduct
of gambling, or in the carrying on of the business and financial
arrangements incidental thereto.
(c)
A person who is in all other respects qualified to be licensed as provided in
the Secretarial Procedures, IGRA, this Ordinance, and any other criteria
adopted by the TGRA or the Tribe. An applicant shall not be found to be
unsuitable solely on the ground that the applicant was an employee of a
Tribal gaming operation in California that was conducted prior to June,
2000.
11.07. Procedures for Forwarding Applications and Reports for Key Employees and
Primary Management Officials to the NIGC.
(a)
When a Key Employee or Primary Management Official begins work at a
Gaming Operation, the Executive Director shall forward to the NIGC a
Notice of Results of the TGRA’s review of any Application for
employment, and the TGRA’s background investigation (“NOR”) and the
TGRA’s determination referred to in Section 11.06 of this Ordinance.
(b)
The Executive Director shall forward the NOR to the NIGC within sixty
(60) days after an employee begins work or within sixty (60) days of the
approval of this Ordinance by the Chairman of the NIGC.
(c)
The Gaming Operation shall not allow any person to perform the duties,
functions and responsibilities of a Key Employee or Primary Management
Official who does not obtain a license within ninety (90) days after the
person’s commencement of employment.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 35
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
11.08. Preparation of Investigative Reports and NORs. The Executive Director shall
prepare an Investigative Report and an NOR regarding each applicant for a license as a
Key Employee or Primary Management Official.
(a)
(b)
The Investigative Report shall, at a minimum, include all of the following:
(i)
Steps taken in conducting the background investigation;
(ii)
Results obtained;
(iii)
Conclusions reached; and
(iv)
The basis for those conclusions.
The NOR shall, at a minimum, include the following information:
(1)
The applicant's name, date of birth, and social security number;
(2)
The date on which the applicant began, or will begin, working as a
Primary Management Official or Key Employee;
(3)
A summary of the information presented in the investigative report,
which shall, at a minimum, include a listing of:
(4)
(A)
licenses that have previously been denied;
(B)
gaming licenses that have been revoked, even if
subsequently reinstated;
(C)
every known criminal charge brought against the applicant
within the last ten (10) years of the date of the application;
and
(D)
every felony offense of which the applicant has been
convicted or any ongoing prosecution; and
A copy of the eligibility determination made in accordance with this
Section 11.
11.09. Additional Eligibility Determination Requirements. The Executive Director
shall submit to the NIGC, with the NOR, a copy of the eligibility determination made
pursuant to this Ordinance.
(a)
If a license is not issued to an applicant, the TGRA:
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 36
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(b)
(i)
Shall notify the NIGC; and
(ii)
Shall forward copies of its eligibility determination and any NOR to
the NIGC for inclusion in the Indian Gaming Individuals Record
System.
With respect to Key Employees and Primary Management Officials, the
Executive Director and TGRA shall retain Applications for employment
and reports (if any) of background investigations for inspection by the
Chairman of the NIGC or his or her designee for no less than three (3) years
from the date of termination or denial of employment. At a minimum, such
retained records shall include:
(1)
Full name, other names used (oral or written), social security
number(s), birth date, place of birth, citizenship, gender, all
languages (spoken or written);
(2)
Currently and for the previous five (5) years: Business and
employment positions held, ownership interests in those businesses,
business and residence addresses, and driver's license numbers;
(3)
The names and current addresses of at least three personal
references, including one personal reference who was acquainted
with the applicant during each period of residence listed under
subparagraph (2) of this section;
(4)
Current business and residence telephone numbers;
(5)
A description of any existing and previous business relationships
with Indian tribes, including ownership interests in those businesses;
(6)
A description of any existing and previous business relationships
with the gaming industry generally, including ownership interests in
those businesses;
(7)
The name and address of any licensing or regulatory agency with
which the person has filed an application for a license or permit
related to gaming, whether or not such license or permit was
granted;
(8)
For each felony for which there is an ongoing prosecution or a
conviction, the charge, the name and address of the court involved,
and the date and disposition if any;
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 37
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(9)
For each misdemeanor conviction or ongoing misdemeanor
prosecution (excluding minor traffic violations) within ten (10)
years of the date of the application, the name and address of the court
involved and the date and disposition;
(10)
For each criminal charge (excluding minor traffic charges) whether
or not there is a conviction, if such criminal charge is within ten (10)
years of the date of the application and is not otherwise listed
pursuant to subparagraphs (8) and (9) of this section, the criminal
charge, the name and address of the court involved and the date and
disposition;
(11)
The name and address of any licensing or regulatory agency with
which the person has filed an application for an occupational license
or permit, whether or not such license or permit was granted;
(12)
A photograph;
(13)
Any other information the Tribe deems relevant;
(14)
Fingerprints consistent with procedures adopted by the Tribe
(15)
Investigative reports relating to the applicant or Licensee;
(16)
Eligibility determinations related to the applicant or Licensee:
(17)
The Privacy Act notice to the applicant or Licensee; and
(18)
the False Statement notice as set forth in Section 11.03 provided to
the applicant or Licensee.
11.10. Granting a Gaming License.
(a)
If, within a thirty (30) day period after the NIGC receives any NOR, the
NIGC fails to respond or notifies the TGRA that it has no objection to the
issuance of a license pursuant to a license Application filed by a Key
Employee or Primary Management Official, or an applicant for whom the
TGRA has provided an Application and investigative report to the NIGC
pursuant to Section 11.08, the TGRA may issue a license to such applicant.
The TGRA shall within thirty (30) days notify the NIGC of the issuance of
such licenses.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 38
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(b)
The TGRA, through the Executive Director, shall respond to a request for
additional information from the Chairman of the NIGC concerning a Key
Employee or a Primary Management Official who is the subject of a report.
Such a request shall suspend the thirty (30)-day period described above until
the Chairman of the NIGC receives the additional information.
(c)
If, within the thirty (30) day period described above, the NIGC provides the
TGRA with a statement itemizing its objection(s) to the issuance of a license
to a Key Employee or a Primary Management Official for whom the TGRA
has provided a NOR, the TGRA shall reconsider the Application, taking
into account the objection(s) itemized by the NIGC. The TGRA shall make
the final decision as to whether to issue a license to such applicant.
11.11. License Suspension or Revocation.
(a)
The right to a revocation hearing shall vest upon receipt of a license.
(b)
If, after issuance of a gaming license, the TGRA receives reliable
information from the NIGC or other reliable source indicating that a Key
Employee, Primary Management Official or other Licensee is not eligible
for licensure under the eligibility criteria established herein, the Executive
Director shall immediately suspend the license and shall notify the Licensee
in writing of the license suspension and proposed revocation.
(c)
In circumstances where the immediate suspension is the result of
information provided by the NIGC:
(d)
(i)
The notice to the Licensee shall also include a time and place for a
hearing on the proposed revocation;
(ii)
The TGRA shall take the NIGC's objections into account when
reconsidering a license application;
(iii)
The TGRA shall conduct the hearing, decide whether to revoke or
reinstate the license, and notify the NIGC of its decision within
forty-five (45) days from the TGRA’s receipt of the information
provided by the NIGC.
Summary Suspension. The Executive Director may summarily suspend any
license if continued licensing of a Licensee constitutes an immediate threat
to the public health, safety or welfare. A Licensee may appeal such
suspension in the manner provided in Section 9.21.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 39
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(e)
(f)
In circumstances where the immediate suspension is not the result of
information provided by the NIGC:
(i)
A Licensee shall be notified in writing by either personal service or
certified mail to the last known address provided to the TGRA.
Notice shall be deemed given on the tenth (10th) day after deposit of
notice in the U.S. Mail. Should a Licensee disagree with the initial
determination of the Executive Director, the Licensee shall submit
a written statement and a separate request for hearing to the TGRA
within ten (10) days of the written notice.
(ii)
After a hearing, the TGRA shall decide whether to revoke or
reinstate a license, and shall notify the NIGC of such decision.
If the TGRA revokes a Key Employee or Primary Management Official's
license:
(1)
The TGRA shall notify the NIGC; and
(2)
The TGRA shall forward copies of the license revocation decision
for inclusion in the Indian Gaming Individuals Record System.
11.12. No Property Interest in License. Nothing herein shall create a property interest in
the issuance or retention of a license provided for in this Ordinance. Failure of a Key
Employee or Primary Management Official to maintain a gaming license shall be grounds
for immediate license revocation.
11.13. No Assignment or Transfer. All licenses issued under this Ordinance are nonassignable and non-transferable. Any effort to assign or transfer a license shall void such
license.
AUDITING AND INTERNAL CONTROL
12.01. Minimum Procedure for Control of Internal Fiscal Affairs. The TGRA shall
promulgate Regulations for the control of internal fiscal affairs of the Gaming Operation.
At a minimum, those regulations shall require:
(a)
Minimum procedures for safeguarding the Gaming Operation's assets and
revenues, including recording of cash, evidence of indebtedness and
mandatory count procedures. Such procedures shall establish a control
environment, accounting system and control procedures that safeguard the
assets of the Gaming Operation, assure that operation transactions are
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 40
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
properly recorded, promote operational efficiency and encourage adherence
to prescribed policies;
(b)
Minimum requirements for reports from the Gaming Operation to the
TGRA of information that is required by this Ordinance or any Regulation;
(c)
The conducting, adoption, reporting and use of audits by internal auditors
who are employees of the TGRA;
(d)
The formation of a uniform code of accounts and accounting classifications
to ensure consistency, comparability and effective disclosure of financial
information. Such code shall require that records be maintained that reflect
statistical drop (amount of cash wagered by Patrons), statistical win
(amount of cash won by the Gaming Activity) and the percentage of
statistical win to statistical drop, or provide similar information for each
type of game or Gaming Device;
(e)
The maintenance of documentation (i.e., checklists, programs, reports) to
evidence all internal work performed as it relates to the requirements of this
Section; and
(f)
That all financial statements and documentation required by this Section be
maintained by the Gaming Operation for a minimum of five (5) years.
12.02. Minimum Internal Control Standards.
(a)
(b)
Applicable Standards. The TGRA shall adopt and make applicable to the
Tribe's Gaming Operation minimum internal control standards that:
(1)
Contain standards for currency transaction reporting that comply
with 31 CPR Part 103;
(2)
Establish internal control standards for all Class II and Class III
Gaming Activity consistent with the requirements of this Ordinance,
IGRA, and the Secretarial Procedures in effect; and
(3)
Meet or exceed the standards promulgated (e.g., 25 C.F.R. Part 542)
or recommended by the NIGC (e.g., Bulletin 2018-3) without regard
to whether the NIGC otherwise has authority to promulgate or
recommend such standards.
Compliance.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 41
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(1)
The TGRA shall require the Gaming Operation to adopt a system of
internal controls which complies with the standards adopted by the
TGRA pursuant to Sections 12.01 and 12.02; and
(2)
The TGRA shall monitor and enforce compliance with the internal
control standards adopted pursuant to Sections 12.01 and 12.02.
12.03. TGRA's Right to Conduct Audits. The TGRA may require audits of the financial
statements of the Gaming Operation and of any Gaming Activity. The TGRA shall require
such audits to occur when necessary to ensure the integrity, security, honesty and fairness
of the Gaming Operation and all Gaming Activity. The TGRA shall take reasonable steps
to coordinate the timing of such audits with the annual audit required by Section 13,
provided that the TGRA may require audits to occur at other times if necessary to preserve
the assets of the Tribe or to ensure the integrity, security, honesty and fairness of the
Gaming Operation or any Gaming Activity. Such audits may:
(a)
Be made by independent Certified Public Accountants authorized to
practice public accounting in the State of California;
(b)
Include an opinion (qualified or unqualified), or if appropriate, disclaim an
opinion, on the financial statements taken as a whole in accordance with
standards of the accounting profession established by rules and regulations
of the California State Board of Accountancy and the American Institute of
Certified Public Accountants;
(c)
Disclose whether the accounts, records and control procedures maintained
by the Gaming Operation are as required by the Regulations promulgated
by the TGRA pursuant to Sections 12.01 or 12.02; and
(d)
Provide for a review of the internal control structure by the independent
Certified Public Accountant, to disclose any deviation from prescribed
rules, regulations, or industry practice and report such finding to the TGRA
and management.
12.04. Prohibition Against Embezzlement. Any maneuver or action of any kind which
in the opinion of the TGRA is effectuated by any Person to unlawfully divert Gaming
proceeds or other proceeds properly belonging to the Tribe shall constitute grounds for
taking disciplinary action against the Person. If the TGRA finds an unlawful diversion was
attempted, it may sanction the Person. Sanctions may include restitution, fining, revoking,
suspending, limiting or refusing to renew such Person’s gaming license. The TGRA or
Business Committee may also seek prosecution of the offender under Tribal, state, and
federal laws.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 42
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
ANNUAL AUDIT
13.01. Requirement of Annual Audit. The Business Committee, on behalf of the Tribe,
shall cause to be conducted at least annually an independent audit of all Gaming Operations
pursuant to 25 U.S.C. § 2710(b)(2)(C), and shall submit the resulting audit reports to the
NIGC.
13.02. Contracts Included in Scope of Audit. All gaming-related contracts that result in
the purchase of supplies, services, or concessions in excess of $25,000 annually, except
contracts for professional, legal and accounting services, shall be specifically included
within the scope of the audit that is described in Section 13.01.
REVIEW AND APPROVAL OF GAMING
14.01. Prohibition Against Gaming. No Person duly authorized by the TGRA to conduct
Gaming shall engage, conduct or condone any game unless and until such game is
authorized and approved pursuant to Section 4 of this Ordinance, a valid license has been
issued and all fees are paid by the Licensee, and procedures governing such game have
been duly approved by the TGRA. Each request for approval of a new game shall be filed
with the TGRA. The TGRA will consider the request and if not inconsistent with this
Ordinance, will recommend that the Business Committee approve the game. The Business
Committee may approve any game not prohibited by this Ordinance or the Secretarial
Procedures.
14.02. Grace Period. The prohibition contained in Section 9.07 shall not apply to those
games already being played as of the date of the enactment of this Ordinance; provided,
however, that the Licensee conforms to the then-existing rules and any subsequent rules
promulgated hereunder within five (5) days of such promulgation.
14.03. Authorization of Gaming. The TGRA shall approve rules and procedures
governing all authorized games, including rules governing Gaming Equipment, including
without limitation, chips, dice, cards and tiles. Any provision in the Secretarial Procedures
providing for notice to and comment from the NIGC shall be complied with before the
TGRA authorizes any game.
14.04. Approval of Gaming Equipment. The TGRA shall have the discretion to review,
and to reject or approve, all Gaming Equipment and other devices used in the Gaming
Activity as to quality, design, integrity, fairness, honesty and suitability.
(a)
The TGRA may require a prototype or sample of any model of Gaming
Equipment or other device used in the Gaming Activity to be placed in the
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 43
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
custody of the TGRA and retained by it as a control for comparison
purposes.
(b)
Any evidence that Gaming Equipment or other devices used in the Gaming
Facility have been tampered with or altered in any way which would affect
the integrity, fairness, honesty or suitability of the equipment or device,
shall be immediately reported to the TGRA.
14.05. Maintenance of Rules. The rules of each game offered at any duly licensed
Gaming Facility shall be maintained in a location at the Gaming Facility and shall be
clearly legible and available for public inspection upon request.
14.06. Gaming Rules and Procedures. The management of a Gaming Facility may adopt
rules and procedures governing the operations of all Gaming Activity with the approval of
the TGRA. Such rules and procedures shall be complied with until such time as modified
with the approval of the TGRA. Management may adopt emergency changes to such rules
and procedures if necessary to preserve the assets of the Tribe and the integrity of the
Gaming Activity; provided, however, that such changes shall be in writing and must be
presented to the TGRA Staff immediately, and to the TGRA within twenty-four (24) hours,
or the next day that the TGRA’s offices are open for business, whichever is sooner, for
approval or rejection.
EXCLUSION OR EJECTION OF INDIVIDUALS
15.01. Exclusion List. The TGRA shall provide for the establishment of a list of Persons
who are to be excluded or ejected from any duly licensed Gaming Facility. The list shall
include any Person whose presence in the Gaming Facility is determined by the TGRA to
pose a threat to the integrity of the Gaming Operation, a threat to the health, safety or
welfare of employees or Patrons, or a threat to the interests of the Tribe or State of
California. Race, religious creed, color, national origin, ancestry, physical or mental
disability, medical condition, marital status, sex, age or sexual orientation must not be
grounds for placing the name of a Person on the exclusion list.
15.02. Notice and Opportunity to be Heard. The TGRA shall promulgate Regulations
providing due process to any Person whose name the TGRA is considering placing on the
exclusion list.
15.03. Prohibition Against Listed Individuals. It shall be a violation of this Ordinance
for any Licensee to knowingly fail to exclude or eject from a Gaming Facility any Persons
placed on the exclusion list referred to in 14.01. It shall be a violation of this Ordinance for
any Person whose name appears on the exclusion list referred to in 14.01 to enter into or
engage in any Gaming Activity at a duly licensed Gaming Facility.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 44
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
UNLAWFUL ACTS
16.01. Additional Unlawful Acts. It shall be a violation of this Ordinance for any Person
to:
(a)
Alter or misrepresent the outcome of a game or other event on which wagers
have been made after the outcome is made sure, but before it is revealed to
the players;
(b)
Place, increase or decrease a bet, or to determine the course of play, after
acquiring knowledge not available to all players, of the outcome of the game
or knowledge that is the subject of the bet or wager, including past-posting
and pressing bets;
(c)
Aid anyone in acquiring such knowledge as set forth in subsection (b)
above, for the purpose of increasing or decreasing a bet or wager, or for the
purpose of determining the course of play contingent upon that event or
outcome;
(d)
Claim, collect or attempt to claim or take money or anything of value in or
from an approved game with intent to defraud, without having made a wager
contingent thereon, or to claim, collect or take an amount greater than the
amount won;
(e)
Knowingly entice or induce another to go to any place where a Gaming
Activity is being conducted or operated in violation of the provisions of this
Section, with the intent that the other person play or participate in that
Gaming Activity;
(f)
Reduce the amount wagered or cancel the bet after acquiring knowledge of
the outcome of the game or other event which is the subject of the bet or
wager, including pinching bets;
(g)
Manipulate, with intent to cheat, any component of Gaming Equipment in
a manner contrary to the designed and normal operational purpose for the
component, with knowledge that the manipulation affects or may affect the
outcome of the game, or with knowledge of any event that affects the
outcome of the game;
(h)
Defraud the Tribe or any Person in any Gaming Activity;
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 45
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
(i)
Offer or attempt to offer anything of value to a Licensee in an attempt to
induce the Licensee to act or refrain from acting in a manner contrary to the
duties of the Licensee under applicable law; and
(j)
Take any action which interferes with or prevents the TGRA or the Business
Committee from fulfilling their duties and responsibilities under this
Ordinance or other applicable law or regulation.
16.02. Prohibition Against Electronic Aids. Except as specifically permitted by the
TGRA, it shall be a violation of this Ordinance for any Person to possess with the intent to
use, or actually use, at any table game, either by himself or herself, or in concert with
others, any calculator, computer or other electronic, electrical or mechanical device to
assist in projecting an outcome at the table game, to keep track or analyze the cards having
been dealt, or to change the probabilities of the game or the playing strategies to be utilized.
NIGC AND SECRETARIAL PROCEDURES
17.01. NIGC and Regulations. Notwithstanding any provision in this Ordinance or any
Regulations promulgated thereunder, the TGRA is fully empowered to comply with all
applicable regulations promulgated by the NIGC, including but not limited to all
requirements to report ordinances, contracts, license applications, background checks and
other information to the NIGC.
17.02. NIGC and State Gaming Agency. Upon notification by the TGRA to the NIGC
pursuant to Section 8.4 of the Secretarial Procedures, that the State Gaming Agency has
failed to carry out its regulatory responsibilities pursuant to the Secretarial Procedures, all
regulatory responsibilities assumed by the State Gaming Agency over the Secretarial
Procedures and Tribal internal controls shall revert to the NIGC.
(A)
In such event, the Tribe shall have the authority to enter into a Memorandum
of Understanding with the NIGC to facilitate the transition of authority from
the State Gaming Agency to the NIGC, and facilitate the exercise of the
authority of the NIGC.
(B)
The TGRA shall have the authority to promulgate Regulations and
otherwise take actions to facilitate and bring the Tribe into compliance with
the NIGC’s assumption of those regulatory responsibilities.
(C)
Any reference to the authority of the State of California or the State Gaming
Agency in this Ordinance or in Regulations promulgated by this TGRA
shall be interpreted to mean the authority of the NIGC. Nothing herein shall
be interpreted to vest any authority to the State of California beyond such
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 46
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
authority as it may have under existing law. Nothing herein shall be
interpreted to require the NIGC to assume any authority beyond such
authority authorized by the Secretarial Procedures and existing law.
(D)
The NIGC shall have authority to enforce and take actions to ensure
compliance with any Memorandum of Understanding entered into by the
Tribe and NIGC pursuant to subsection (A), in effect, including that certain
Memorandum of Understanding, executed by the Tribe and the NIGC on
February 8, 2023, as may be amended from time. The NIGC shall also have
authority to enforce its regulations or take other actions, including actions
necessary to ensure compliance with of Minimum Internal Controls
pursuant to subsection (B).
17.03. NIGC Assessments. Notwithstanding any provision in this Ordinance or any
Regulation, the TGRA is fully empowered to comply with all assessments authorized by
the NIGC. Such assessments shall be paid by the Tribe.
17.04. Secretarial Procedures. Notwithstanding any provision in this Ordinance or any
Regulation, the TGRA is fully empowered to enforce the provisions of the Secretarial
Procedures; provided, however, that if any provision of the Secretarial Procedures provides
for action by the Tribe, the TGRA is not authorized to, and shall not, contact the
Secretary or officials under the Secretary's authority, or the State of California's appointed
agencies (or its agents), without the prior approval of the Business Committee.
17.05 Authority to Request Assistance by the State Gaming Agency or the NIGC.
(A)
The Tribe may request the assistance of the State Gaming Agency whenever
it reasonably appears that such assistance may be necessary to carry out the
purposes described in Section 7.1 of the Secretarial Procedures, or
otherwise to protect the public health, safety, or welfare. If requested by the
Tribe or the TGRA, the State Gaming Agency, in its sole discretion, may
provide requested services to ensure proper compliance with the Secretarial
Procedures. The State of California may be reimbursed for its actual and
reasonable costs of that assistance.
(B)
The Tribe may request the assistance of the NIGC whenever it reasonably
appears that such assistance may be necessary to carry out the purposes
described in Section 7.1 of the Secretarial Procedures, or otherwise to
protect the public health, safety, or welfare. If requested by the Tribe or the
TGRA, the NIGC may provide requested services to ensure proper
compliance with the Secretarial Procedures. The NIGC may be reimbursed
for its actual and reasonable costs of that assistance.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 47
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
PROTECTION OF THE ENVIRONMENT AND PUBLIC HEALTH AND SAFETY
18.01. Each Class II and Class III Gaming Facility on the Reservation shall be constructed,
maintained and operated in a manner that adequately protects the environment and the
public health and safety.
18.02. The TGRA shall ensure compliance with Section 18.01 and applicable NIGC
regulations.
MISCELLANEOUS
19.01. Security. Each licensed Gaming Activity must provide for reasonable security. All
security officers and personnel must be licensed by the TGRA. Such licensing may or may
not entail full background investigations required for Primary Management Officials and
Key Employees.
19.02. Maintenance of Ordinance and Regulations. Each licensed Gaming Facility shall
obtain, maintain and keep current a copy of this Ordinance and the Regulations.
Management of the Gaming Operation shall make a complete copy of this Ordinance and
the Regulations available for review by any Patron. That a Licensee does not have a current
copy of this Ordinance, the Regulations, or any of the rules of the TGRA shall not in any
way diminish the Licensee's obligation to abide by this Ordinance and the Regulations.
Any Regulations or amendments to this Ordinance shall be provided to the Gaming
Operation within a reasonable time period after passage or adoption.
19.03. Compliance with Other Laws. The construction, maintenance and operation of
each Gaming Facility shall be conducted in a manner which adequately protects the
environment and public health and safety, and shall comply with any otherwise applicable
Tribal and federal laws.
19.04. Amendment of TGRA Regulations. All Regulations promulgated herein by the
TGRA are subject to proper revision, repeal or amendment by the TGRA. The Business
Committee shall ratify, revise or veto all Regulations and any revisions or amendments
thereto in the manner provided in Section 25.
19.05. Severability. If any provision of this Ordinance, or its application to any purpose
or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the
provision, or the application of the provision to another Person or circumstance, shall not
be affected.
19.06. Captions. The captions and heading of this Ordinance are included for convenience
only and shall in no way limit or affect the text thereunder.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 48
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
SOVEREIGN IMMUNITY
Except as provided herein, nothing in this Ordinance shall be construed as a waiver of the
sovereign immunity of the Tribe or any of its officers, employees or entities.
CONSENT TO JURISDICTION
Any person who applies for a license under this Ordinance, applies for employment in any
Gaming Operation, enters into any contract or agreement with any Gaming Operation, or
participates in any Gaming Activity on the Reservation, shall be deemed to consent to the civil
jurisdiction of the Tribe, the TGRA and the Rincon Tribal Court. Nothing in this Section shall
limit the jurisdiction of the Tribe, the TGRA or the Rincon Tribal Court under any circumstances
not explicitly contemplated in this Ordinance.
LAW ENFORCEMENT; FINGERPRINTING AND CRIMINAL BACKGROUND
CHECKS
Each applicant for a Key Employee or Primary Management Official position shall be
required to have fingerprints taken as part of the license Application procedure. Fingerprints shall
be taken by the TGRA. Fingerprints will then be forwarded to the NIGC for processing through
the FBI and NCIC to determine the applicant's criminal history, if any. Nothing herein shall
prohibit the TGRA from accessing CLETS, if such access is lawfully available to the TGRA.
AGENT FOR SERVICE
The Chairperson of the Business Committee is hereby appointed as the agent for service of
process. The Chairperson's address is 1 Government Center Lane, Valley Center, California 92082.
PATRON DISPUTES
24.01. Patron Gaming Disputes. Any Patron who has any dispute, disagreement or other
grievance (herein “gaming dispute”) with the Gaming Operation that involves the play of
any Class II or Class III Gaming Activity shall have their dispute resolved as provided in
Sections 24.02 and 24.03. The manager of the Gaming Operation shall provide notice to
any Patron of the Gaming Operation of this dispute resolution procedure. In addition, the
manager shall also make forms for filing a claim available to Patrons of the Gaming
Operation.
24.02. Patron Rights Regarding Gaming Disputes. Any Patron with a gaming dispute
shall file a written statement of the facts or circumstances of the gaming dispute with the
manager of the Gaming Operation within five (5) days of the gaming dispute. The manager
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 49
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
of the Gaming Operation shall have five (5) days to prepare the Gaming Operation’s
written response to the Patron. If a Patron is unable to resolve his or her gaming dispute
with the Gaming Operation, the Patron has the right to contact the TGRA to resolve the
issue. The manager shall provide copies of the Patron’s statement and management’s
response to the TGRA.
24.03. TGRA Action on Patron Gaming Disputes. In the event any Patron is dissatisfied
with the response from the manager of the Gaming Operation, such Patron may request a
hearing before the TGRA. This request must be submitted to the TGRA within seven (7)
days of the response from the manager of the Gaming Operation. The TGRA shall notify
such Patron and the manager of the Gaming Operation of the time and place set for the
hearing in writing at least five (5) days before any hearing on the matter. The TGRA shall
hold a hearing within twenty (20) days of its receipt of a request for a hearing. The Patron
shall be authorized to submit written and oral evidence in support of his/her claim. The
manager of the Gaming Operation or his/her designee shall also attend the hearing to
respond to the claim(s) made by such Patron. The decision of the TGRA shall be final.
AMENDMENTS
All provisions of this Ordinance are subject to amendment by the Business Committee. All
Regulations and rules promulgated by the TGRA are subject to proper revision, repeal, or
amendment by the TGRA. All amendments to this Ordinance shall be effective upon the date of
passage by the Business Committee and approval by the Chairman of the NIGC. The TGRA shall
monitor changes to IGRA and regulations of the NIGC. The TGRA may make recommendations
for changes to this Ordinance to the Business Committee from time to time to ensure compliance
with applicable law.
REPEAL
Rincon Band of Luiseno Indians Tribal Gaming Ordinance #2011-18 and all amendments
thereto are hereby repealed. To the extent that any determinations, rules or regulations of the
TGRA concerning Gaming are inconsistent with this Ordinance, they are hereby repealed.
Conversely, any determinations made or rules or regulations promulgated by the current or a
previous TGRA acting under any Rincon Band of Luiseno Indians Tribal Gaming Ordinance
which are consistent with this Ordinance are valid and remain in effect.
EFFECTIVE DATE
This Ordinance shall take effect immediately upon its approval by the Chairperson of the
NIGC.
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 50
Ordinance No. 6.200
Original Enactment Date: July 11, 1995
Subject: Rincon Gaming Ordinance
RINCON GOVERNMENT ORGANIZATION ORDINANCE
Rincon Tribal Code § 6.200
LEGISLATIVE HISTORY
7/11/1995 – NIGC approval of Rincon Gaming Ordinance # 94-01A, Tribal Council Ordinance 94-11
2/14/2001 – NIGC approval of Rincon Gaming Ordinance # 2000-303, Tribal Council Resolution 2000-107
4/28/2011 – NIGC approval of Rincon Gaming Ordinance # 2011-224, Tribal Council Resolution 2011-18
9/28/2011 – NIGC approval of Rincon Gaming Ordinance #2011-809, Tribal Council Resolution 2011-42
1/9/2015 – NIGC approval of Amendments to Rincon Gaming Ordinance, Tribal Council Resolution 2014-52
8/9/2024 – NIGC approval of Amended and Restated Rincon Gaming Ordinance, Tribal Council Resolution 2024-48
Adopted 7/11/95
Amended & Restated 8/9/24
Amended 2/14/01; 4/28/11; 9/28/11; 1/9/15
PAGE 51
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.