TRIBAL-STATE COMPACT

Tribal code

Ask Donna

What actually matters in this document.

Text

TRIBAL-STATE COMPACT

BETWEEN

THE STATE OF CALIFORNIA

AND THE

SYCUAN BAND

OF THE

KUMEYAAY NATION

TABLE OF CONTENTS

PREAMBLE

1

Sec. 1.0.

Purpose and Objectives.

2

Sec. 2.0.

Definitions.

3

Sec. 3.0.

Scope of Class III Gaming Authorized.

8

Sec. 3.1.

Authorized Class III Gaming.

8

Sec. 4.0.

Authorized Location of Gaming Facility, Number of Gaming

Devices, Cost Reimbursement, and Mitigation.

9

Sec. 4.1.

Authorized Number of Gaming Devices.

9

Sec. 4.2.

Authorized Gaming Facility.

9

Sec. 4.3.

Special Distribution Fund.

9

Sec. 4.3.1. Use of Special Distribution Funds.

11

Sec. 4.4.

Cost Reimbursement and Mitigation to Local Governments.

11

Sec. 4.5.

Quarterly Payments.

12

Sec. 4.6.

Exclusivity.

15

Sec. 5.0.

Revenue Sharing With Non-Gaming and Limited-Gaming

Tribes.

16

Sec. 5.1.

Definitions.

16

Sec. 5.2.

Payments to the Revenue Sharing Trust Fund or the Tribal

Nation Grant Fund.

18

Credits Related to Payments Due Under Section 5.2.

19

Sec. 5.3.

i

Sec. 6.0.

Licensing.

21

Sec. 6.1.

Gaming Ordinance and Regulations.

21

Sec. 6.2.

Tribal Ownership, Management, and Control of Gaming

Operation.

22

Sec. 6.3.

Prohibitions Regarding Minors.

22

Sec. 6.4.

Licensing Requirements and Procedures.

22

Sec. 6.4.1. Summary of Licensing Principles.

22

Sec. 6.4.2. Gaming Facility.

23

Sec. 6.4.3. Gaming Employees.

27

Sec. 6.4.4. Gaming Resource Suppliers.

29

Sec. 6.4.5. Financial Sources.

31

Sec. 6.4.6. Processing Tribal Gaming License Applications.

35

Sec. 6.4.7. Suitability Standard Regarding Gaming Licenses.

36

Sec. 6.4.8. Background Investigations of Applicants.

36

Sec. 6.4.9. Temporary Licensing of Gaming Employees.

39

Sec. 6.5.0. Tribal Gaming License Issuance.

39

Sec. 6.5.1. Denial, Suspension, or Revocation of Licenses.

40

Sec. 6.5.2. Renewal of Licenses; Extensions; Further Investigation.

41

Sec. 6.5.3. Identification Cards.

41

Sec. 6.5.4. Fees for Tribal Gaming License.

42

Sec. 6.5.5. Suspension of Tribal Gaming License.

42

ii

Sec. 6.5.6. State Determination of Suitability Process.

42

Sec. 6.6.

Submission of New Application.

45

Sec. 7.0.

Approval and Testing of Gaming Devices.

46

Sec. 7.1.

Gaming Device Approval.

46

Sec. 7.2.

Gaming Test Laboratory Selection.

47

Sec. 7.3.

Maintenance of Records of Testing Compliance.

48

Sec. 7.4.

State Gaming Agency Inspections.

48

Sec. 7.5.

Technical Standards.

49

Sec. 7.6.

Transportation of Gaming Devices.

49

Sec. 8.0.

Inspections.

50

Sec. 8.1.

Investigation and Sanctions.

50

Sec. 8.2.

Assistance by State Gaming Agency.

51

Sec. 8.3.

Access to Premises by State Gaming Agency; Notification;

Inspections.

51

Sec. 8.4.

Inspection, Copying and Confidentiality of Documents.

52

Sec. 8.5.

NIGC Audit Reports.

54

Sec. 8.6.

Cooperation with Tribal Gaming Agency.

54

Sec. 8.7.

Compact Compliance Review.

55

Sec. 9.0.

Rules and Regulations for the Operation and Management

of the Gaming Operation and Facility.

55

iii

Sec. 9.1.

Adoption of Regulations for Operation and Management;

Minimum Standards.

55

Sec. 9.1.1. Minimum Internal Control Standards (MICS).

58

Sec. 9.2.

Program to Mitigate Problem Gambling.

61

Sec. 9.3.

Enforcement of Regulations.

62

Sec. 9.4.

State Civil and Criminal Jurisdiction.

62

Sec. 9.5.

Tribal Gaming Agency Members.

62

Sec. 9.6.

Uniform Tribal Gaming Regulations.

65

Sec. 10.0.

Patron Disputes.

67

Sec. 11.0.

Off-Reservation Environmental and Economic Impacts.

69

Sec. 11. 1. Tribal Environmental Impact Report.

69

Sec. 11.2.

Notice of Preparation of Draft TEIR.

72

Sec. 11.3.

Notice of Completion of Draft TEIR.

72

Sec. 11.4.

Issuance of Final TEIR.

73

Sec. 11.5.

Cost Reimbursement to County.

74

Sec. 11.6.

Failure to Prepare Adequate TEIR.

74

Sec. 11.7.

Intergovernmental Agreement.

74

Sec 11.8.

Arbitration.

76

Sec. 12.0.

Public and Workplace Health, Safety, and Liability.

77

Sec. 12.1.

General Requirements.

77

Sec. 12.2.

Tobacco Smoke.

77

iv

Sec. 12.3.

Health and Safety Standards.

77

Sec. 12.4.

Tribal Gaming Facility Standards Ordinance.

85

Sec. 12.5.

Insurance Coverage and Claims.

85

Sec. 12.6.

Participation in State Statutory Programs Related to

Employment.

89

Sec. 12.7.

Emergency Services Accessibility.

91

Sec. 12.8.

Alcoholic Beverage Service.

91

Sec. 12.9.

Possession of Firearms.

92

Sec. 12.10. Labor Relations.

92

Sec. 13.0.

Dispute Resolution Provisions.

92

Sec. 13.1.

Voluntary Resolution; Court Resolution

92

Sec. 13.2.

Arbitration Rules.

93

Sec. 13.3.

No Waiver or Preclusion of Other Means of Dispute

Resolution.

94

Sec. 13.4.

Limited Waiver of Sovereign Immunity.

94

Sec. 14.0.

Effective Date and Term of Compact.

95

Sec. 14.1.

Effective Date.

95

Sec. 14.2.

Term of Compact; Termination.

96

Sec. 15.0.

Amendments; Renegotiations.

96

Sec. 15.1.

Amendment by Agreement.

96

Sec. 15.2.

Negotiations for a New Compact.

97

v

Sec. 15.3

Requests to Amend or to Negotiate a New Compact.

97

Sec. 16.0.

Notices.

97

Sec. 17.0.

Changes to IGRA.

98

Sec. 18.0.

Miscellaneous.

98

Sec. 18.1.

Third Party Beneficiaries.

98

Sec. 18.2.

Complete Agreement.

98

Sec. 18.3.

Construction.

98

Sec. 18.4.

Successor Provisions.

99

Sec. 18.5.

Ordinances and Regulations.

99

Sec. 18.6.

Calculation of Time.

99

Sec. 18.7.

Representations.

99

APPENDICES

A.

Parcels Description and Map of the Sycuan Band of the

Kumeyaay Nation Reservation

A-1

B.

Off-Reservation Environmental Impact Analysis Checklist

B-1

C.

Tribal Labor Relations Ordinance

C-1

D.

Minimum Internal Control Standards

D-1

vi

TRIBAL-STATE COMPACT

BETWEEN THE STATE OF CALIFORNIA AND THE

SYCUAN BAND OF THE KUMEYAAY NATION

The Sycuan Band of the Kumeyaay Nation (Tribe), a federally recognized Indian

tribe and the State of California (State) enter into this tribal-state class III gaming

compact pursuant to the Indian Gaming Regulatory Act of 1988 (IGRA).

PREAMBLE

WHEREAS, in 1999, the Tribe and the State entered into the Tribal-State Compact

Between the State of California and the Sycuan Band of the Kumeyaay Nation

(1999 Compact), which enabled the Tribe, through revenues generated by its

Gaming Operation, to improve the governance, environment, education, health,

safety, and general welfare of its citizens, and to promote a strong tribal

government, self-sufficiency, and provide essential government services to its

citizens; and

WHEREAS, the Tribe is committed to improving the environment, education

status, and the health, safety and general welfare of its members and the

surrounding community; and

WHEREAS, the State and the Tribe recognize that the exclusive rights that the

Tribe will enjoy under this Tribal-State Compact Between the State of California

and the Sycuan Band of the Kumeyaay Nation (Compact) create a unique

opportunity for the Tribe to operate a Gaming Facility in an economic environment

free of competition from the operation of slot machines and banked card games on

non-Indian lands in California and that this unique economic environment is of

great value to the Tribe; and

WHEREAS, in consideration of the exclusive rights enjoyed by the Tribe to

engage in the Gaming Activities and to operate the number of Gaming Devices

specified herein, and the other meaningful concessions offered by the State in good

faith negotiations, and pursuant to IGRA, the Tribe reaffirms its commitment to

provide to the State, on a sovereign-to-sovereign basis, and to local jurisdictions,

fair cost reimbursement and mitigation from revenues from the Gaming Devices

operated pursuant to this Compact on a payment schedule; and

1

WHEREAS, the Tribe and the State share an interest in mitigating the offreservation impacts of the Gaming Facility, affording meaningful consumer and

employee protections in connection with the operations of the Gaming Facility,

fairly regulating the Gaming Activities conducted at the Gaming Facility, and

fostering a good-neighbor relationship; and

WHEREAS, the Tribe and the State share a joint sovereign interest in ensuring that

Gaming Activities are free from criminal and other undesirable elements; and

WHEREAS, this Compact will afford the Tribe primary responsibility over the

regulation of its Gaming Facility and will enhance the Tribe’s economic

development and self-sufficiency; and

WHEREAS, the State and the Tribe have therefore concluded that this Compact

protects the interests of the Tribe and its members, the surrounding community,

and the California public, and will promote and secure long-term stability, mutual

respect, and mutual benefits; and

WHEREAS, the State and the Tribe agree that all terms of this Compact are

intended to be binding and enforceable.

NOW, THEREFORE, the Tribe and the State agree as set forth herein:

SECTION 1.0. PURPOSES AND OBJECTIVES.

The terms of this Compact are designed and intended to:

(a)

Evidence the goodwill and cooperation of the Tribe and State in

fostering a mutually respectful government-to-government

relationship that will serve the mutual interests of the parties.

(b)

Enhance and implement a means of regulating Class III Gaming to

ensure its fair and honest operation in a way that protects the interests

of the Tribe, the State, its citizens, and local communities in

accordance with IGRA, and through that regulated Class III Gaming,

enable the Tribe to develop self-sufficiency, promote tribal economic

development, and generate jobs and revenues to support the Tribe’s

government and its governmental services and programs.

2

(c)

Promote ethical practices in conjunction with Class III Gaming,

through the licensing and control of persons and entities employed in,

or providing goods and services to, the Gaming Operation, protect

against the presence or participation of persons whose criminal

backgrounds, reputations, character, or associations make them

unsuitable for participation in gaming, thereby maintaining a high

level of integrity in tribal government gaming, and protect the patrons

and employees of the Gaming Operation and the local communities.

(d)

Achieve the objectives set forth in the preamble.

SECTION 2.0. DEFINITIONS.

Sec. 2.1. “Applicable Codes” means the California Building Code and the

California Public Safety Code applicable to the County, as set forth in titles 19 and

24 of the California Code of Regulations, as those regulations may be amended

during the term of this Compact, including, but not limited to, codes for building,

electrical, energy, mechanical, plumbing, fire and safety. After consultation with

the State, the Tribe may authorize deviations from Applicable Codes if the

deviations would not compromise public safety.

Sec. 2.2. “Applicant” means an individual or entity that applies for a tribal

gaming license or for a State Gaming Agency determination of suitability.

Sec. 2.3. “Association” means an association of California tribal and state

gaming regulators, the membership of which comprises up to two (2)

representatives from each tribal gaming agency of those tribes with whom the State

has a gaming compact under IGRA, and up to two (2) delegates each from the state

Department of Justice, Bureau of Gambling Control and the California Gambling

Control Commission.

Sec. 2.4. “Class III Gaming” means the forms of class III gaming defined in

25 U.S.C. § 2703(8) and by the regulations of the National Indian Gaming

Commission.

Sec. 2.5. “Commission” means the California Gambling Control

Commission, or any successor agency of the State.

Sec. 2.6. “Compact” means this Tribal-State Compact Between the State of

California and the Sycuan Band of the Kumeyaay Nation.

3

Sec. 2.7. “County” means the County of San Diego, California, a political

subdivision of the State.

Sec. 2.8. “Financial Source” means any person or entity who, directly or

indirectly, extends financing in connection with the Tribe’s Gaming Facility or

Gaming Operation.

Sec. 2.9. “Gaming Activity” or “Gaming Activities” means the Class III

Gaming activities authorized under this Compact.

Sec. 2.10. “Gaming Device” means any slot machine within the meaning of

article IV, section 19, subdivision (f) of the California Constitution. For purposes

of calculating the number of Gaming Devices, each player station or terminal on

which a game is played constitutes a separate Gaming Device, irrespective of

whether it is part of an interconnected system to such terminals or stations.

“Gaming Device” includes, but is not limited to, video poker, but does not include

electronic, computer, or other technological aids that qualify as class II gaming (as

defined under IGRA).

Sec. 2.11. “Gaming Employee” means any natural person who (a) conducts,

operates, maintains, repairs, accounts for, or assists in any Gaming Activities, or is

in any way responsible for supervising such Gaming Activities or persons who

conduct, operate, maintain, repair, account for, assist, or supervise any such

Gaming Activities, (b) is in a category under federal or tribal gaming law requiring

licensing, (c) is an employee of the Tribal Gaming Agency with access to

confidential information, or (d) is a person whose employment duties require or

authorize access to areas of the Gaming Facility in which Gaming Activities are

conducted that are not open to the public.

Sec. 2.12. “Gaming Facility” or “Facility” means any building in which

Class III Gaming Activities or Gaming Operations occur, or in which the business

records, receipts, or 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 hotels, parking lots and

walkways, a principal purpose of which is to serve the activities of the Gaming

Operation rather than providing that operation with an incidental benefit, provided

that nothing herein prevents the conduct of class II gaming (as defined under

IGRA) therein. Nothing herein shall be construed to apply in a manner that does

not directly relate to the operation of Gaming Activities.

4

Sec. 2.13. “Gaming Operation” means the business enterprise that offers

and operates Gaming Activities, whether exclusively or otherwise.

Sec. 2.14. “Gaming Ordinance” means a tribal ordinance or resolution duly

authorizing the conduct of Gaming Activities on the Tribe’s Indian lands in

California and approved under IGRA.

Sec. 2.15. “Gaming Resources” means any goods or services provided or

used in connection with Gaming Activities, whether exclusively or otherwise,

including, but not limited to, equipment, furniture, Gaming Devices and ancillary

equipment, implements of Gaming Activities such as playing cards, furniture

designed primarily for Gaming Activities, maintenance or security equipment and

services, and Class III Gaming consulting services. “Gaming Resources” does not

include professional accounting and legal services.

Sec. 2.16. “Gaming Resource Supplier” means any person or entity who,

directly or indirectly, does, or is deemed likely to, manufacture, distribute, supply,

vend, lease, purvey, or otherwise provide, to the Gaming Operation or Gaming

Facility, at least twenty-five thousand dollars ($25,000) in Gaming Resources in

any twelve (12)-month period, or who, directly or indirectly, receives, or is deemed

likely to receive, in connection with the Gaming Operation or Gaming Facility, at

least twenty-five thousand dollars ($25,000) in any consecutive twelve (12)-month

period, provided that the Tribal Gaming Agency may exclude a purveyor of

equipment or furniture that is not specifically designed for, and is distributed

generally for use other than in connection with, Gaming Activities, if, but for the

purveyance, the purveyor is not otherwise a Gaming Resource Supplier as defined

herein, 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.

Sec. 2.17. “Gross Gaming Revenue” means the win from gaming activities,

which is the difference between gaming wins and losses before deducting costs and

expenses or deducting incentives or adjusting for changes in progressive jackpot

liability accruals. Generally, the difference between patron wagers and the payouts

made on winning wagers.

Sec. 2.18. “IGRA” means the Indian Gaming Regulatory Act of 1988 (PL

100-497, 18 U.S.C. §§ 1166-1168 and 25 U.S.C. § 2701 et seq.), and any

amendments thereto, as interpreted by all regulations promulgated thereunder.

5

Sec. 2.19. “Interested Persons” means (a) all local, state, and federal

agencies, which, if a Project were not taking place on Indian lands, would have

responsibility for approving the Project or would exercise authority over the

natural resources that may be affected by the Project, (b) any incorporated city

within eight (8) miles of the Project, and (c) persons, groups, or agencies that

request in writing a notice of preparation of a draft tribal environmental impact

report described in section 11.0, or have commented on the Project in writing to

the Tribe or the County.

Sec. 2.20. “Management Contractor” means any Gaming Resource Supplier

with whom the Tribe has contracted for the management of any Gaming Activity

or Gaming Facility, including, but not limited to, any person who would be

regarded as a management contractor under IGRA.

Sec. 2.21. “NIGC” means the National Indian Gaming Commission.

Sec. 2.22. “Project” means (a) the construction of a proposed Gaming

Facility, or (b) any renovation, expansion or modification of an existing Gaming

Facility, a principal purpose of which is to serve the Gaming Facility rather than

provide that Facility with an incidental benefit, or (c) any other activity occurring

on the reservation, the principal purpose of which is to serve the Gaming Facility

rather than provide that Facility with an incidental benefit and which may cause a

Significant Effect on the Off-Reservation Environment. This definition shall be

understood to include the addition of Gaming Devices within an existing Gaming

Facility if such additional Gaming Devices may cause either a direct or reasonably

foreseeable indirect significant and adverse physical change in the off-reservation

environment, and the impacts of which have not previously been addressed in a

tribal environmental impact report described in section 11.0 or an environmental

evaluation/assessment under a previous compact. For purposes of this definition,

section 11.0, and Appendix B, “reservation” refers to the Tribe’s Indian lands

within the meaning of IGRA or lands otherwise held in trust for the Tribe by the

United States.

Sec. 2.23. “Significant Effect(s) on the Off-Reservation Environment” or

“Significant Effect(s) on the Environment” occur(s) if any of the following

conditions exist:

(a)

A proposed Project has the potential to degrade the quality of the offreservation environment, curtail the range of the environment, or

6

achieve short-term, to the disadvantage of long-term, environmental

goals.

(b)

The possible effects of a Project on the off-reservation environment

are individually limited but cumulatively considerable. As used

herein, “cumulatively considerable” means that the incremental

effects of an individual Project are considerable when viewed in

connection with the effects of past projects, the effects of other current

projects, and the effects of probable future projects.

(c)

The off-reservation environmental effects of a Project will cause

substantial adverse effects on human beings, either directly or

indirectly.

For purposes of this definition, “reservation” refers to the Tribe's Indian lands

within the meaning of IGRA or lands otherwise held in trust for the Tribe by the

United States.

Sec. 2.24. “State” means the State of California or an authorized official or

agency thereof designated by this Compact or by the Governor.

Sec. 2.25. “State Gaming Agency” means the entities authorized to

investigate, approve, regulate and license gaming pursuant to the Gambling

Control Act (chapter 5 (commencing with section 19800) of division 8 of the

California Business and Professions Code), or any successor statutory scheme, and

any entity or entities in which that authority may hereafter be vested.

Sec. 2.26. “State Designated Agency” means the entity or entities

designated or to be designated by the Governor to exercise rights and fulfill

responsibilities established by this Compact.

Sec. 2.27. “Tribe” means the Sycuan Band of the Kumeyaay Nation or an

authorized official or agency thereof.

Sec. 2.28. “Tribal Chair” means the person duly elected under the Tribe’s

constitution to perform the duties specified therein, including serving as the Tribe’s

official representative.

Sec. 2.29. “Tribal Gaming Agency” means the person, agency, board,

committee, commission, or council designated under tribal law, including, but not

7

limited to, an intertribal gaming regulatory agency approved to fulfill those

functions by the NIGC, primarily responsible for carrying out the Tribe’s

regulatory responsibilities under IGRA and the Tribe’s Gaming Ordinance. No

person employed in, or in connection with, the management, supervision, or

conduct of any Gaming Activity may be a member or employee of the Tribal

Gaming Agency.

SECTION 3.0. SCOPE OF CLASS III GAMING AUTHORIZED.

Sec. 3.1. Authorized Class III Gaming.

(a)

The Tribe is hereby authorized and permitted to operate only the

following Gaming Activities under the terms and conditions set forth

in the Compact:

(1)

Gaming Devices.

(2)

Any banking or percentage card games.

(3)

Any devices or games that are authorized under state law to the

California State Lottery, provided that the Tribe will not offer

such games through use of the Internet unless others in the state

not affiliated with or licensed by the California State Lottery are

permitted to do so under state and federal law.

(b)

Nothing herein shall be construed to preclude the Tribe from offering

class II gaming or preclude the negotiation of a separate compact

governing the conduct of off-track wagering at the Tribe’s Gaming

Facility.

(c)

Nothing herein shall be construed to authorize or permit the operation

of any Class III Gaming that the State lacks the power to authorize or

permit under article IV, section 19, subdivision (f), of the California

State Constitution.

(d)

The Tribe shall not engage in Class III Gaming that is not expressly

authorized in this Compact.

8

SECTION 4.0. AUTHORIZED LOCATION OF GAMING FACILITY,

NUMBER OF GAMING DEVICES, COST REIMBURSEMENT, AND

MITIGATION.

Sec. 4.1. Authorized Number of Gaming Devices.

The Tribe is entitled to operate up to a total of two thousand five hundred

(2500) Gaming Devices pursuant to the conditions set forth in section 3.1 and

sections 4.2 through and including section 5.2.

Sec. 4.2. Authorized Gaming Facility.

The Tribe may establish and operate not more than two Gaming Facilities

and engage in Class III Gaming only on eligible Indian lands held in trust for the

Tribe, located within the boundaries of the Tribe’s reservation and trust lands as

those boundaries exist as of the execution date of this Compact, as described in,

and represented on the map at Appendix A hereto, and on which Class III Gaming

may lawfully be conducted under IGRA. If the Tribe chooses to operate more (1)

than one Gaming Facility, then one (1) of the two (2) Gaming Facilities shall have

no more than five hundred (500) Gaming Devices and shall have a primary

purpose other than gaming authorized under IGRA.

Sec. 4.3. Special Distribution Fund.

The Tribe shall pay to the State on a pro rata basis the actual and reasonable

25 U.S.C. § 2710(d)(3)(C) costs the State incurs for the performance of all its

duties under this Compact as determined by the monies appropriated in the annual

Budget Act for the performance of their duties under Class III Gaming compacts

each fiscal year for the Commission, the California Department of Justice, the

Office of the Governor, the California Department of Public Health Programs,

Office of Problem Gambling, the State Controller, the Department of Human

Resources, and the Financial Information System for California, or any agency or

agencies the State designates as a successor to them (Appropriation). The

Appropriation and the maximum number of Gaming Devices operated by all

federally recognized tribes in California pursuant to tribal-state Class III Gaming

compacts determined to be in operation during the previous State fiscal year shall

be reported annually by the State Gaming Agency to the Tribe on December 15.

The term “operated” or “operation” as used in this Compact in relation to Gaming

Devices describes each and every Gaming Device available to patrons (including

slot contestants) for play at any given time. The Tribe’s pro rata share of the

9

State’s 25 U.S.C. § 2710(d)(3)(C) regulatory costs in any given year this Compact

is in effect shall be calculated by the following equation:

The maximum number of Gaming Devices operated in the Tribe’s

Gaming Facility during the previous State fiscal year as determined by

the State Gaming Agency, divided by the maximum number of

Gaming Devices operated by all federally recognized tribes in

California pursuant to tribal-state Class III Gaming compacts during

the previous State fiscal year, multiplied by the Appropriation, equals

the Tribe’s pro rata share.

(a)

Beginning the first full quarter after Class III Gaming commences

under this Compact, the Tribe shall pay its pro rata share to the State

Gaming Agency for deposit into the Indian Gaming Special

Distribution Fund established by the Legislature (Special Distribution

Fund). The payment shall be made in four (4) equal quarterly

installments due on the thirtieth (30th) day following the end of each

calendar quarter, (i.e., by April 30 for the first quarter, July 30 for the

second quarter, October 30 for the third quarter, and January 30 for

the fourth quarter); provided, however, that in the event this Compact

becomes effective during a calendar quarter, payment shall be

prorated for the number of days remaining in that initial quarter, in

addition to any remaining full quarters in the first calendar year of

operation to obtain a full year of full quarterly payments of the Tribe’s

pro rata share specified above. A payment year will run from January

through December. If any portion of the Tribe’s quarterly pro rata

share payment is overdue, the Tribe shall pay to the State for purposes

of deposit into the appropriate fund, the amount overdue plus interest

accrued thereon at the rate of one percent (1%) per month or the

maximum rate permitted by state law for delinquent payments owed

to the State, whichever is less. All quarterly payments shall be

accompanied by the Quarterly Contribution Report specified in

section 4.5, subdivision (b).

(b)

If the Tribe objects to the State’s determination of the Tribe’s pro rata

share, or to the amount of the Appropriation as including matters not

consistent with IGRA, the matter shall be resolved in accordance with

the dispute resolution provisions of section 13.0. Any State

determination of the Tribe’s pro rata share challenged by the Tribe

shall govern and must be paid by the Tribe to the State when due, and

10

the Tribe’s payment is a condition precedent to invoking the section

13.0 dispute resolution provisions.

(c)

The foregoing payments have been negotiated between the parties as a

fair and reasonable contribution, based upon the State’s costs of

regulating and mitigating certain impacts of tribal Class III Gaming

Activities, as well as the Tribe’s market conditions, its circumstances,

and the rights afforded and consideration provided by this Compact.

Sec. 4.3.1. Use of Special Distribution Funds.

Revenue placed in the Special Distribution Fund shall be available for

appropriation by the Legislature for the following purposes:

(a)

Grants, including any administrative costs, for programs designed to

address and treat gambling addiction;

(b)

Grants, including any administrative costs and environmental review

costs, for the support of State and local government agencies impacted

by tribal government gaming;

(c)

Compensation for regulatory costs incurred by the State including, but

not limited to, the Commission, the California Department of Justice,

the Office of the Governor, the California Department of Public

Health Programs, Office of Problem Gambling, the State Controller,

the Department of Human Resources, the Financial Information

System for California, and State Designated Agencies in connection

with the implementation and administration of Class III Gaming

compacts in California; and

(d)

Any other purposes specified by the Legislature that are consistent

with IGRA.

Sec. 4.4. Cost Reimbursement and Mitigation to Local Governments.

The Tribe shall enter into agreements with local jurisdictions or state

agencies, as appropriate, for such undertakings and services that mitigate the

impacts of the Gaming Facility, further the purposes of section 5.3, and thereby

benefit the Gaming Facility, the Tribe, or other affected jurisdictions. Copies of all

such agreements shall be provided to the State. The agreements with local

11

jurisdictions or state agencies, as appropriate, required by this section are distinct

from those agreements associated with a specific Project and required by section

11.0.

Sec. 4.5. Quarterly Payments.

(a)

(b)

(1)

The Tribe shall remit quarterly to the State Gaming Agency (i)

the payments described in section 4.3, for deposit into the

Special Distribution Fund and (ii) the payments described in

section 5.2, for deposit into the Revenue Sharing Trust Fund or

the Tribal Nation Grant Fund.

(2)

If the Gaming Activities authorized by this Compact commence

during a calendar quarter, the first payment shall be due on the

thirtieth (30th) day following the end of the first full quarter of

the Gaming Activities and shall cover the period from the

commencement of the Gaming Activities to the end of the first

full calendar quarter.

(3)

All quarterly payments shall be accompanied by the

certification specified in subdivision (b).

At the time each quarterly payment is due, regardless of whether any

monies are owed, the Tribe shall submit to the State Gaming Agency

a certification (the “Quarterly Contribution Report”) that specifies the

following:

(1)

calculation of the maximum number of Gaming Devices

operated in the Gaming Facility for each day during the given

quarter;

(2)

the Gross Gaming Revenue calculation reflecting the quarterly

Gross Gaming Revenue from the operation of all Gaming

Devices in the Facility;

(3)

the amount due pursuant to section 4.3;

(4)

calculation of the amount due pursuant to section 5.2; and

(5)

the total amount of the quarterly payment paid to the State.

12

The Quarterly Contribution Report shall be prepared by the chief

financial officer of the Gaming Operation.

(c)

(d)

(l)

At any time after the fourth quarter, but in no event later than

April 30 of the following calendar year, the Tribe shall provide

to the State Gaming Agency an audited annual certification of

its Gross Gaming Revenue calculation from the operation of

Gaming Devices. The audit shall be conducted in accordance

with generally accepted auditing standards, as applied to audits

for the gaming industry, by an independent certified public

accountant who is not employed by the Tribe, the Tribal

Gaming Agency, the Management Contractor, or the Gaming

Operation, is only otherwise retained by any of these entities to

conduct regulatory audits or independent audits of the Gaming

Operation, and has no financial interest in any of these entities.

The auditor used by the Tribe for this purpose shall be approved

by the State Gaming Agency, or other State Designated

Agency, but the State shall not unreasonably withhold its

consent.

(2)

If the audit shows that the Tribe made an overpayment from its

Gross Gaming Revenue to the State during the year covered by

the audit, the Tribe’s next quarterly payment may be reduced by

the amount of the overage. If the audit shows that the Tribe

made an underpayment to the State during the year covered by

the audit, the Tribe’s next quarterly payment shall be increased

by the amount of the underpayment.

(3)

The State Gaming Agency shall be authorized to confer with

the auditor at the conclusion of the audit process and to review

all of the independent certified public accountant’s final work

papers and documentation relating to the audit. The Tribal

Gaming Agency shall be notified of and provided the

opportunity to participate in and attend any such conference or

document review.

The State Gaming Agency may audit the calculations in subdivision

(b) and Gross Gaming Revenue calculations specified in the audit

provided pursuant to subdivision (c). The State Gaming Agency shall

have access to all records deemed necessary by the State Gaming

13

Agency to verify the calculations in subdivision (b) and Gross

Gaming Revenue calculations, including access to the Gaming Device

accounting systems and server-based systems and software, and to the

data contained therein on a read only basis. If the State Gaming

Agency determines that the Gross Gaming Revenue is understated or

the deductions overstated, it will promptly notify the Tribe and

provide a copy of the audit. The Tribe within twenty (20) days will

either accept the difference or provide reconciliation satisfactory to

the State Gaming Agency. If the Tribe accepts the difference or does

not provide a reconciliation satisfactory to the State Gaming Agency,

the Tribe must immediately pay the amount of the resulting

deficiency, plus accrued interest thereon at the rate of one percent

(1%) per month or the maximum rate permitted by state law for

delinquent payments owed to the State, whichever is less. If the Tribe

does not accept the difference but does not provide a reconciliation

satisfactory to the State Gaming Agency, the Tribe, once payment is

made, may commence dispute resolution under section 13.0. The

parties expressly acknowledge that the certifications provided for in

subdivision (b) are subject to section 8.4, subdivision (h).

(e)

Notwithstanding anything to the contrary in section 13.0, any failure

of the Tribe to remit the payments referenced in subdivision (a), will

entitle the State to immediately seek injunctive relief in federal or

state court, at the State’s election, to compel the payments, plus

accrued interest thereon at the rate of one percent (1%) per month, or

the maximum rate permitted by State law for delinquent payments

owed to the State, whichever is less; and further, the Tribe expressly

consents to be sued in either court and waives its right to assert

sovereign immunity against the State in any such proceeding. Failure

to make timely payment shall be deemed a material breach of this

Compact.

(f)

If any portion of the payments under subdivision (a) of this section is

overdue after the State Gaming Agency has provided written notice to

the Tribe of the overdue amount with an opportunity to cure of at least

fifteen (15) business days, and if more than sixty (60) calendar days

have passed from the due date, then the Tribe shall cease operating all

of its Gaming Devices until full payment is made.

14

Sec. 4.6. Exclusivity.

In recognition of the Tribe’s agreement to make the payments specified in

sections 4.3 and 5.2, the Tribe shall have the following rights:

(a)

(b)

In the event the exclusive right of Indian tribes to operate Gaming

Devices in California is abrogated by the enactment, amendment, or

repeal of a State statute or constitutional provision, or the conclusive

and dispositive judicial construction of a statute or the State

Constitution by a California appellate court after the effective date of

this Compact that Gaming Devices may lawfully be operated by

another person, organization, or entity (other than an Indian tribe)

within California, the Tribe shall have the right to exercise one of the

following options:

(1)

Terminate this Compact, in which case the Tribe will lose the

right to operate Gaming Devices and other Class III Gaming

authorized by this Compact; or

(2)

Continue under this Compact with an entitlement to a reduction

of the rates specified in section 5.2 following the conclusion of

negotiations, to provide for: (A) compensation to the State for

the costs of regulation, as set forth in section 4.3; (B)

reasonable payments to local governments impacted by tribal

government gaming, the amount to be determined based upon

any intergovernmental agreement entered into pursuant to

sections 4.4 or 11.7; (C) grants for programs designed to

address and treat gambling addiction; and (D) such assessments

as authorized at such time under federal law. Such negotiations

shall commence within thirty (30) days after receipt of a written

request by a party to enter into negotiations, unless both parties

agree in writing to an extension of time. If the Tribe and the

State fail to reach agreement on the amount of reduction of such

payments within sixty (60) days following commencement of

the negotiations specified in this section, the amount shall be

determined by arbitration pursuant to section 13.2.

Nothing in this section is intended to preclude the California State

Lottery from offering any lottery games or devices that are currently

or may hereafter be authorized by state law.

15

SECTION 5.0. REVENUE SHARING WITH NON-GAMING AND

LIMITED-GAMING TRIBES.

Sec. 5.1. Definitions.

For purposes of this section 5.0, the following definitions apply:

(a)

The “Revenue Sharing Trust Fund” is a fund created by the

Legislature and administered by the State Gaming Agency that, as

limited trustee, is not a trustee subject to the duties and liabilities

contained in the California Probate Code, similar state or federal

statutes, rules or regulations, or under state or federal common law or

equitable principles, and has no duties, responsibilities, or obligations

hereunder except for the receipt, deposit, and distribution of monies

paid by gaming tribes for the benefit of Non-Gaming Tribes and

Limited-Gaming Tribes. The State Gaming Agency shall allocate and

disburse the Revenue Sharing Trust Fund monies on a quarterly basis

as specified by the Legislature. Each eligible Non-Gaming Tribe and

Limited-Gaming Tribe in the State shall receive the sum of one

million one hundred thousand dollars ($1,100,000) per year from the

Revenue Sharing Trust Fund. In the event there are insufficient

monies in the Revenue Sharing Trust Fund to pay one million one

hundred thousand dollars ($1,100,000) per year to each eligible NonGaming Tribe and Limited-Gaming Tribe, any available monies in

that fund shall be distributed to eligible Non-Gaming Tribes and

Limited-Gaming Tribes in equal shares. Monies deposited into the

Revenue Sharing Trust Fund in excess of the amount necessary to

distribute one million one hundred thousand dollars ($1,100,000) to

each eligible Non-Gaming Tribe and Limited-Gaming Tribe shall

remain in the Revenue Sharing Trust Fund available for disbursement

in future years and shall not be diverted to any non-Revenue Sharing

Trust Fund or any non-Tribal Nation Grant Fund use or purpose. In

no event shall the State’s general fund be obligated to make up any

shortfall in the Revenue Sharing Trust Fund or to pay any unpaid

claims connected therewith, and, notwithstanding any provision of

law, including any existing provision of law implementing the State

Gaming Agency’s obligations related to the Revenue Sharing Trust

Fund under any Class III Gaming compact, Non-Gaming Tribes and

Limited-Gaming Tribes are not third-party beneficiaries of this

16

Compact and shall have no right to seek any judicial order compelling

disbursement of any Revenue Sharing Trust Fund monies to them.

(b)

The “Tribal Nation Grant Fund” is a fund created by the Legislature to

make discretionary distribution of funds to Non-Gaming Tribes and

Limited-Gaming Tribes upon application of such tribes for purposes

related to effective self-governance, self-determined community, and

economic development. The fiscal operations of the Tribal Nation

Grant Fund are administered by the State Gaming Agency, which acts

as a limited trustee, not subject to the duties and liabilities contained

in the California Probate Code, similar state or federal statutes, rules

or regulations, or under state or federal common law or equitable

principles, and with no duties or obligations hereunder except for the

receipt, deposit, and distribution of monies paid by gaming tribes for

the benefit of Non-Gaming Tribes and Limited-Gaming Tribes, as

those payments are directed by a State Designated Agency. The State

Gaming Agency shall allocate and disburse the Tribal Nation Grant

Fund monies as specified by a State Designated Agency to one or

more eligible Non-Gaming and Limited-Gaming Tribes upon a

competitive application basis. The State Gaming Agency shall

exercise no discretion or control over, nor bear any responsibility

arising from, the recipient tribes’ use or disbursement of Tribal Nation

Grant Fund monies. The State Designated Agency shall perform any

necessary audits to ensure that monies awarded to any tribe are being

used in accordance with their disbursement in relation to the purpose

of the Tribal Nation Grant Fund. In no event shall the State’s general

fund be obligated to pay any monies into the Tribal Nation Grant

Fund or to pay any unpaid claims connected therewith, and,

notwithstanding any provision of law, including any existing

provision of law implementing the State’s obligations related to the

Tribal Nation Grant Fund or the Revenue Sharing Trust Fund under

any Class III Gaming compact, Non-Gaming Tribes and LimitedGaming Tribes are not third-party beneficiaries of this Compact and

shall have no right to seek any judicial order compelling disbursement

of any Tribal Nation Grant Fund monies to them.

(c)

A “Non-Gaming Tribe” is a federally recognized tribe in California,

with or without a tribal-state Class III Gaming compact, that has not

engaged in, or offered, class II gaming or Class III Gaming in any

location whether within or without California, as of the date of

17

distribution to such tribe from the Revenue Sharing Trust Fund or the

Tribal Nation Grant Fund, or during the immediately preceding three

hundred sixty-five (365) days.

(d)

A “Limited-Gaming Tribe” is a federally recognized tribe in

California that has a Class III Gaming compact with the State but is

operating fewer than a combined total of three hundred fifty (350)

Gaming Devices in all of its gaming operations wherever located, or

does not have a Class III Gaming compact but is engaged in class II

gaming, whether within or without California, during the immediately

preceding three hundred sixty-five (365) days.

Sec. 5.2. Payments to the Revenue Sharing Trust Fund or the Tribal

Nation Grant Fund.

(a)

If the Tribe operates more than three hundred fifty (350) Gaming

Devices at any time in a given calendar year, it shall thereafter,

including that calendar year, pay to the State Gaming Agency, for

deposit into the Revenue Sharing Trust Fund or the Tribal Nation

Grant Fund, four and three quarters percent (4.75%) of its Gross

Gaming Revenue from the operation of Gaming Devices in excess of

three hundred fifty (350).

(b)

The Tribe shall remit the payments referenced in subdivision (a) to the

State Gaming Agency in quarterly payments, which payments shall be

due thirty (30) days following the end of each calendar quarter (i.e.,

by April 30 for the first quarter, July 30 for the second quarter,

October 30 for the third quarter, and January 30 for the fourth

quarter).

(c)

The quarterly payments referenced in subdivision (b) required by

subdivision (a) and (b), as appropriate, shall be determined by first

determining the total number of all Gaming Devices operated by the

Tribe during a given quarter (Quarterly Device Base). The Quarterly

Device Base is equal to the sum total of the maximum number of

Gaming Devices in operation for each day of the calendar quarter

divided by the number of days in the calendar quarter that the Gaming

Operation operates any Gaming Devices during the given calendar

quarter.

18

(d)

If any portion of the payments under subdivision (b) is overdue after

the State Gaming Agency has provided written notice to the Tribe of

the overdue amount with an opportunity to cure of at least fifteen (15)

business days, and if more than sixty (60) calendar days have passed

from the due date, then the Tribe shall cease operating all of its

Gaming Devices until full payment is made.

(e)

All payments made by the Tribe to the State Gaming Agency pursuant

to subdivision (b) shall be deposited into the Revenue Sharing Trust

Fund and the Tribal Nation Grant Fund in a proportion to be

determined by the Legislature, provided that if there are insufficient

monies in the Revenue Sharing Trust Fund to pay one million one

hundred thousand dollars ($1,100,000) per year to each eligible NonGaming Tribe and Limited-Gaming Tribe, the State Gaming Agency

shall deposit all payments into the Revenue Sharing Trust Fund.

Sec. 5.3. Credits Related to Payments Due Under Section 5.2

Notwithstanding anything to the contrary in section 5.2, the State agrees to

provide the Tribe with annual credits for up to sixty percent (60%) of the payments

otherwise due under section 5.2 for the following:

(a)

The costs of services provided by the Tribe or payments made to the

County, local jurisdictions, and non-profit and civic organizations

operating facilities or providing services within the County for fire,

emergency medical services, law enforcement, public transit,

education, tourism, and other services and infrastructure

improvements that in part serve off-reservation needs of County

residents, and not otherwise required by section 11.0. Such payments

shall be subject to approval by the State or State Designated Agency.

At least twenty percent (20%) of the annual credits authorized by this

section 5.3 shall be utilized for the purposes described in this

subdivision (a);

(b)

Non-gaming related capital investments and economic development

projects by the Tribe on or off tribal trust lands that the State or State

Designated Agency agrees provide mutual benefits to the Tribe and

the State because, for instance, they have particular cultural, social or

environmental value, or diversify the sources of revenue for the

Tribe’s general fund;

19

(c)

Investments by the Tribe and any funds paid to the State (not

including direct or indirect state or federal funding) in renewable

energy projects that, in part, serve the Gaming Facility, and projects

that incorporate charging stations for electric or other zero emission

vehicles that are available to patrons and employees of the Gaming

Facility, and the Tribe, its members and lineal descendants. For

purposes of this subdivision (e), “renewable energy project” means a

project that utilizes a technology other than a conventional power

source, as defined in section 2805 of the Public Utilities Code, as it

may be amended, and instead uses as a power source biomass,

geothermal, small hydroelectric, solar, or wind, as those power

sources are defined in section 1391, subdivision (c), of title 20 of the

California Code of Regulations, as they may be amended. The power

source must not utilize more than twenty-five percent (25%) fossil

fuel;

(d)

Payments (not including direct or indirect state or federal funding) to

support capital improvements and operating expenses for facilities

located on the Reservation or within California that provide health

care services to tribal members, Indians, and non-Indians; and

(e)

Investments by the Tribe and any funds paid to the State (not

including direct or indirect state or federal funding) in water treatment

or conservation projects that, in part, serve the Gaming Facility.

On or before January 1 of each year, the Tribe shall provide to the State its annual

budget, for items eligible for credits under this section 5.3. Upon receipt, the State

shall have ninety (90) days within which to review the items proposed and object if

they do not meet the purposes set out in this section. If the State does not object to

the items proposed within ninety (90) days, the State shall not later seek to

disallow those credits excepts as provided below. During the year, the Tribe shall

take such credits during the first three quarters in prorated amounts based on the

annual budget, but during the fourth quarter shall take an adjusted amount based on

actual amounts spent. At the end of each year, the Tribe shall submit to the State a

budget reconciliation, reflecting the actual amounts expended versus budget

numbers. The State shall have the right to review the credits taken and, if

necessary, request additional information from the Tribe. If the State determines

that the information provided does not substantiate the amount of credits taken, the

State may reduce or disallow such credits. Any disputes shall be subject to the

20

dispute resolution provisions of section 13.0 of this Compact. All excess credits

that cannot be applied in any one (1) year shall carry forward to all following years

until completely exhausted. If in any year during the term of this Compact the

Tribe is unable to take the full sixty percent (60%) credit and all carry-forward

credits have been exhausted, the Tribe may request and the State shall agree to, a

reopening of negotiations, limited to section 5.2, subdivision (a).

SECTION 6.0. LICENSING.

Sec. 6.1. Gaming Ordinance and Regulations.

(a)

All Gaming Activities conducted under this Compact shall, at a

minimum, comply (i) with a Gaming Ordinance duly adopted by the

Tribe and approved in accordance with IGRA, (ii) with all rules,

regulations, procedures, specifications, and standards duly adopted by

the NIGC, the Tribal Gaming Agency, and the State Gaming Agency,

and (iii) with the provisions of this Compact.

(b)

The Tribal Gaming Agency shall make available for inspection by the

State Gaming Agency upon request a copy of the Gaming Ordinance,

and all of its rules, regulations, procedures, specifications, ordinances,

or standards applicable to the Gaming Activities and Gaming

Operation, but excluding the Tribal Gaming Agency’s internal

policies and procedures. The Tribal Gaming Agency shall give notice

to the State Gaming Agency of any change or amendment to the

Gaming Ordinance, or the Tribal Gaming Agency’s rules, regulations,

procedures, specifications, ordinances, or standards applicable to the

Gaming Activities and Gaming Operation, no later than thirty (30)

days after the change or amendment.

(c)

The Tribal Gaming Agency shall make the following documents

available in hard copy or on the Gaming Facility’s website to its

patrons or their legal representatives: the Gaming Ordinance; the rules

of each Class III game operated by the Tribe, to the extent that such

rules are not available for display on the Gaming Device or the table

on which the game is played; tribal law, to the extent it impacts the

public in relation to the Gaming Activities; the tort ordinance

specified in section 12.5, subdivision (b); the employment

discrimination complaint ordinance specified in section 12.3,

subdivision (f); the regulations promulgated by the Tribal Gaming

21

Agency concerning patron disputes pursuant to section 10.0; and the

NIGC minimum internal control standards and this Compact,

including all appendices hereto

Sec. 6.2. Tribal Ownership, Management, and Control of Gaming

Operation.

The Gaming Operation authorized under this Compact shall be owned solely

by the Tribe.

Sec. 6.3. Prohibitions Regarding Minors.

(a)

The Tribe shall prohibit persons under the age of eighteen (18) years

from being present in any room or area in which Gaming Activities

are being conducted unless the person is en route to a non-gaming

area of the Gaming Facility, or is employed at the Gaming Facility in

a capacity other than as a Gaming Employee.

(b)

If the Tribe permits the consumption of alcoholic beverages in the

Gaming Facility, the Tribe shall prohibit persons under the age of

twenty-one (21) years from purchasing, consuming, or possessing

alcoholic beverages. The Tribe shall also prohibit persons under the

age of twenty-one (21) years from being present in any room or area

in which alcoholic beverages may be consumed, except to the extent

permitted by the State Department of Alcoholic Beverage Control for

other commercial establishments serving alcoholic beverages.

Sec. 6.4. Licensing Requirements and Procedures.

Sec. 6.4.1. Summary of Licensing Principles.

All persons in any way connected with the Gaming Operation or Gaming

Facility who are required to be licensed or to submit to a background investigation

under IGRA, and any others required to be licensed under this Compact, including,

without limitation, all Gaming Employees, Gaming Resource Suppliers, Financial

Sources, and any other person having a significant influence over the Gaming

Operation, must be licensed by the Tribal Gaming Agency and cannot have had

any determination of suitability denied or revoked by the State Gaming Agency.

The parties intend that the licensing process provided for in this Compact shall

22

involve joint cooperation between the Tribal Gaming Agency and the State

Gaming Agency, as more particularly described herein.

Sec. 6.4.2. Gaming Facility.

(a)

The Gaming Facility authorized by this Compact shall be licensed by

the Tribal Gaming Agency in conformity with the requirements of this

Compact, the Tribe’s Gaming Ordinance, IGRA, and any applicable

regulations adopted by the NIGC. The license shall be reviewed and

renewed every two (2) years thereafter. Verification that this

requirement has been met shall be provided by the Tribe to the State

by sending a copy of the initial license and each renewal license to the

State Gaming Agency within twenty (20) days after issuance of the

license or renewal. The Tribal Gaming Agency’s certification that the

Gaming Facility is being operated in conformity with these

requirements shall be posted in a conspicuous and public place in the

Gaming Facility at all times.

(b)

To assure the protection of the health and safety of all Gaming Facility

patrons, guests, and employees, the Tribe shall adopt, or has already

adopted, and shall maintain throughout the term of this Compact, an

ordinance that requires any Gaming Facility construction to meet or

exceed the Applicable Codes. The Gaming Facility and construction,

expansion, improvement, modification, or renovation will also comply

with the federal Americans with Disabilities Act, P.L. 101-336, as

amended, 42 U.S.C. § 12101 et seq. Notwithstanding the foregoing,

the Tribe need not comply with any standard that specifically applies

in name or in fact only to tribal facilities. Without limiting the rights

of the State under this section, reference to Applicable Codes is not

intended to confer jurisdiction upon the State or its political

subdivisions. For purposes of this section, the terms “building

official” and “code enforcement agency” as used in titles 19 and 24 of

the California Code of Regulations mean the Tribal Gaming Agency or

such other tribal government agency or official as may be designated

by the Tribe’s law.

(c)

To assure compliance with the Applicable Codes, in all cases where

those codes would otherwise require a permit, the Tribe shall employ

for any Gaming Facility construction qualified plan checkers or review

firms. To be qualified as a plan checker or review firm for purposes of

23

this Compact, plan checkers or review firms must be either California

licensed architects or engineers with relevant experience, or California

licensed architects or engineers on the list, if any, of approved plan

checkers or review firms provided by the city or county in which the

Gaming Facility is located. The Tribe shall also employ qualified

project inspectors. To be qualified as a project inspector for purposes

of this Compact, project inspectors must possess the same

qualifications and certifications as project inspectors utilized by the

county in which the Gaming Facility is located. The plan checkers,

review firms, and project inspectors shall hereinafter be referred to as

“Inspector(s).” The Tribe shall require the Inspectors to report in

writing any failure to comply with the Applicable Codes to the Tribal

Gaming Agency and the State Gaming Agency.

(d)

The Tribe shall cause the design and construction calculations, and

plans and specifications that form the basis for the construction (the

“Design and Building Plans”) to be available to the State Gaming

Agency for inspection and copying by the State Gaming Agency upon

its request.

(e)

In the event that material changes to a structural detail of the Design

and Building Plans will result from contract change orders or any

other changes in the Design and Building Plans, such changes shall be

reviewed by the qualified plan checker or review firm and field

verified by the Inspectors for compliance with the Applicable Codes.

(f)

The Tribe shall maintain during construction all other contract change

orders for inspection and copying by the State Gaming Agency upon

its request.

(g)

The Tribe shall maintain the Design and Building Plans depicting the

as-built Gaming Facility, which shall be available to the State Gaming

Agency for inspection and copying by the State Gaming Agency upon

its request, for the term of this Compact.

(h)

Upon final certification by the Inspectors that the Gaming Facility

meets the Applicable Codes, the Tribal Gaming Agency shall forward

the Inspectors’ certification to the State Gaming Agency within ten

(10) days of issuance. If the State Gaming Agency objects to that

certification, the Tribe shall make a good faith effort to address the

24

State’s concerns, but if the State Gaming Agency does not withdraw

its objection, the matter will be resolved in accordance with the

dispute resolution provisions of section 13.0.

(i)

Any failure to remedy within a reasonable period of time any material

and timely raised deficiency shall be deemed a violation of this

Compact, and furthermore, any deficiency that poses a serious or

significant risk to the health or safety of any occupant shall be

grounds for the State Gaming Agency to prohibit occupancy of the

affected portion of the Gaming Facility pursuant to a court order until

the deficiency is corrected. The Tribe shall not allow occupancy of

any portion of the Gaming Facility that is constructed or maintained in

a manner that endangers the health or safety of the occupants.

(j)

The Tribe shall also take all necessary steps to reasonably ensure the

ongoing availability of sufficient and qualified fire suppression

services to the Gaming Facility, and to reasonably ensure that the

Gaming Facility satisfies all requirements of titles 19 and 24 of the

California Code of Regulations applicable to similar facilities in the

County as set forth below:

(1)

Not less than thirty (30) days before the commencement of the

Gaming Activities, and not less than biennially thereafter, and

upon at least ten (10) days’ notice to the State Gaming Agency,

the Gaming Facility shall be inspected, at the Tribe’s expense,

by an independent expert for purposes of certifying that the

Gaming Facility meets a reasonable standard of fire safety and

life safety.

(2)

The State Gaming Agency shall be entitled to designate and

have a qualified representative or representatives, which may

include local fire suppression entities, present during the

inspection. During such inspection, the State’s

representative(s) shall specify to the independent expert any

condition which the representative(s) reasonably believes would

preclude certification of the Gaming Facility as meeting a

reasonable standard of fire safety and life safety.

(3)

The independent expert shall issue to the Tribal Gaming

Agency and the State Gaming Agency a report on the

25

inspection within fifteen (15) days after its completion, or

within thirty (30) days after commencement of the inspection,

whichever first occurs, identifying any deficiency in fire safety

or life safety at the Gaming Facility or in the ability of the Tribe

to meet reasonably expected fire suppression needs of the

Gaming Facility.

(4)

Within twenty-one (21) days after the issuance of the report, the

independent expert shall also require and approve a specific

plan for correcting deficiencies, whether in fire safety or life

safety, at the Gaming Facility or in the Tribe’s ability to meet

the reasonably expected fire suppression needs of the Gaming

Facility, including those identified by the State Gaming

Agency’s representatives. A copy of the report shall be

delivered to the State Gaming Agency and the Tribal Gaming

Agency.

(5)

Immediately upon correction of all deficiencies identified in the

report, the independent expert shall certify in writing to the

Tribal Gaming Agency and the State Gaming Agency that all

deficiencies have been corrected.

(6)

Any failure to correct all deficiencies identified in the report

within a reasonable period of time shall be a violation of this

Compact, and any failure to promptly correct those deficiencies

that pose a serious or significant risk to the health or safety of

any occupants shall be a violation of this Compact and grounds

for the State Gaming Agency to prohibit occupancy of the

affected portion of the Gaming Facility pursuant to court order

until the deficiency is corrected.

(7)

Consistent with its obligation to ensure the safety of those

within the Gaming Facility, the Tribe shall promptly notify the

State Gaming Agency of circumstances that pose a serious and

significant risk to the health or safety of occupants and take

prompt action to correct such circumstances. Any failure to

remedy within a reasonable period of time any serious and

significant risk to public safety shall be deemed a violation of

this Compact, and furthermore, any circumstance that poses a

serious or significant risk to the health or safety of any occupant

26

shall be grounds for the State Gaming Agency to prohibit

occupancy of the affected portion of the Gaming Facility

pursuant to a court order until the deficiency is corrected.

(k)

Notwithstanding anything in section 6.4 or elsewhere in this Compact,

any construction of any Project that has taken place or has

commenced prior to the effective date of this Compact shall be subject

to the facility license rules in section 6.4.2 of the 1999 Compact,

provided that the Project was previously approved under section 6.4.2

of that compact.

Sec. 6.4.3. Gaming Employees.

(a)

Every Gaming Employee shall obtain, and thereafter maintain current,

a valid tribal gaming license, and except as provided in subdivision

(b), shall obtain, and thereafter maintain current, a State Gaming

Agency determination of suitability, which license and determination

shall be subject to biennial renewal; provided that in accordance with

section 6.4.9, those persons may be employed on a temporary or

conditional basis pending completion of the licensing process and the

State Gaming Agency determination of suitability.

(b)

A Gaming Employee who is required to obtain and maintain current a

valid tribal gaming license under subdivision (a) is not required to

obtain or maintain a State Gaming Agency determination of suitability

if any of the following applies:

(1)

The employee is subject to the licensing requirement of

subdivision (a) solely because he or she is a person who

conducts, operates, maintains, repairs, or assists in Gaming

Activities, provided that this exception shall not apply if he or

she supervises Gaming Activities or persons who conduct,

operate, maintain, repair, assist, account for or supervise any

such Gaming Activity, and is empowered to make discretionary

decisions affecting the conduct of the Gaming Activities.

(2)

The employee is subject to the licensing requirement of

subdivision (a) solely because he or she is a person whose

employment duties require or authorize access to areas of the

Gaming Facility that are not open to the public, provided that

27

this exception shall not apply if he or she supervises Gaming

Activities or persons who conduct, operate, maintain, repair,

assist, account for or supervise any such Gaming Activity, and

is empowered to make discretionary decisions affecting the

conduct of the Gaming Activities.

(3)

The State Gaming Agency, in consultation with the Tribal

Gaming Agency, exempts the Gaming Employee from the

requirement to obtain or maintain current a State Gaming

Agency determination of suitability.

(c)

Notwithstanding subdivision (b), where the State Gaming Agency

determines it is reasonably necessary, the State Gaming Agency is

authorized to review the tribal license application, and all materials

and information received by the Tribal Gaming Agency in connection

therewith, for any person whom the Tribal Gaming Agency has

licensed, or proposes to license, as a Gaming Employee. If the State

Gaming Agency determines that the person would be unsuitable for

issuance of a license or permit for a similar level of employment in a

gambling establishment subject to the jurisdiction of the State, it shall

notify the Tribal Gaming Agency of its determination and the reasons

supporting its determination. The Tribal Gaming Agency shall

thereafter conduct a hearing in accordance with section 6.5.5 to

reconsider issuance of the tribal gaming license and shall notify the

State Gaming Agency of its determination immediately after the

hearing, which shall be final unless made the subject of dispute

resolution pursuant to section 13.0 within thirty (30) days of such

notification.

(d)

The Tribe shall not employ, or continue to employ, any person whose

application to the State Gaming Agency for a determination of

suitability or for a renewal of such a determination has been denied, or

whose determination of suitability has expired without renewal.

(e)

At any time after five (5) years following the effective date of this

Compact, either party to this Compact may request renegotiation of

the scope of coverage of subdivision (b).

(f)

This section shall not apply to members of the Tribal Gaming Agency.

28

Sec. 6.4.4. Gaming Resource Suppliers.

(a)

Every Gaming Resource Supplier shall be licensed by the Tribal

Gaming Agency prior to the sale, lease, or distribution, or further sale,

lease, or distribution, of any Gaming Resources to or in connection

with the Tribe’s Gaming Operation or Gaming Facility. Unless the

Tribal Gaming Agency licenses the Gaming Resource Supplier

pursuant to subdivision (d), the Gaming Resource Supplier shall also

apply to, and the Tribe shall require it to apply to, the State Gaming

Agency for a determination of suitability at least thirty (30) days,

unless such thirty (30) days is shortened by the Tribal Gaming

Agency, prior to the sale, lease, or distribution, or further sale, lease,

or distribution, of any Gaming Resources to or in connection with the

Tribe’s Gaming Operation or Gaming Facility, except that for Gaming

Devices the period specified under section 7.1, subdivision (a)(1),

shall govern. The period during which a determination of suitability

as a Gaming Resource Supplier is valid expires on the earlier of (i) the

date two (2) years following the date on which the determination is

issued, unless a different expiration date is specified by the State

Gaming Agency, or (ii) the date of its revocation by the State Gaming

Agency. If the State Gaming Agency denies or revokes a

determination of suitability, the Tribal Gaming Agency shall

immediately deny or revoke the license and shall not reissue any

license to that Gaming Resource Supplier unless and until the State

Gaming Agency makes a determination that the Gaming Resource

Supplier is suitable. The license and determination of suitability shall

be reviewed at least every two (2) years for continuing compliance.

For purposes of section 6.5.2, such a review shall be deemed to

constitute an application for renewal. In connection with such a

review, the Tribal Gaming Agency shall require the Gaming Resource

Supplier to update all information provided in the previous

application.

(b)

Any agreement between the Tribe and a Gaming Resource Supplier

shall include a provision for its termination without further liability on

the part of the Tribe, except for the bona fide payment of all

outstanding sums (exclusive of interest) owed as of, or payment for

services or materials received up to, the date of termination, upon

revocation or non-renewal of the Gaming Resource Supplier’s license

by the Tribal Gaming Agency based on a determination of

29

unsuitability by the State Gaming Agency. Except as set forth above,

the Tribe shall not enter into, or continue to make payments to a

Gaming Resource Supplier pursuant to, any contract or agreement for

the provision of Gaming Resources with any person or entity whose

application to the State Gaming Agency for a determination of

suitability has been denied or revoked or whose determination of

suitability has expired without renewal.

(c)

Notwithstanding subdivision (a), the Tribal Gaming Agency may

license a Management Contractor for a period of no more than seven

(7) years, but the Management Contractor must still apply for renewal

of a determination of suitability by the State Gaming Agency at least

every two (2) years and where the State Gaming Agency denies or

revokes a determination of suitability, the Tribal Gaming Agency

shall immediately deny or revoke the license. Except for where the

State Gaming Agency has denied or revoked its determination of

suitability, nothing in this subdivision shall be construed to bar the

Tribal Gaming Agency from issuing additional new licenses to the

same Management Contractor following the expiration of a seven (7)year license.

(d)

The Tribal Gaming Agency may elect to license a person or entity as a

Gaming Resource Supplier without requiring it to apply to the State

Gaming Agency for a determination of suitability under subdivision

(a) if the Gaming Resource Supplier has already been issued a

determination of suitability that is then valid. In that case, the Tribal

Gaming Agency shall immediately notify the State Gaming Agency of

its licensure of the person or entity as a Gaming Resource Supplier,

and shall identify in its notification the State Gaming Agency

determination of suitability on which the Tribal Gaming Agency has

relied in proceeding under this subdivision (d). Subject to the Tribal

Gaming Agency’s compliance with the requirements of this

subdivision, a Gaming Resource Supplier licensed under this

subdivision may, during and only during the period in which the

determination of suitability remains valid, engage in the sale, lease, or

distribution of Gaming Resources to or in connection with the Tribe’s

Gaming Operation or Facility, without applying to the State Gaming

Agency for a determination of suitability. The issuance of a license

under this subdivision is in all cases subject to any later determination

by the State Gaming Agency that the Gaming Resource Supplier is

30

not suitable or to a tribal gaming license suspension or revocation

pursuant to section 6.5.1, and does not extend the time during which

the determination of suitability relied on by the Tribal Gaming

Agency is valid. A license issued under this subdivision expires upon

the revocation or expiration of the determination of suitability relied

on by the Tribal Gaming Agency. Nothing in this subdivision affects

the obligations of the Tribal Gaming Agency, or of the Gaming

Resource Supplier, under section 6.5.2 and section 6.5.6 of this

Compact.

(e)

Except where subdivision (d) applies, within twenty-one (21) days of

the issuance of a license to a Gaming Resource Supplier, the Tribal

Gaming Agency shall transmit to the State Gaming Agency a copy of

the license and a copy of all tribal license application materials and

information received by it from the Applicant which is not otherwise

prohibited or restricted from disclosure under applicable federal law

or regulation.

Sec. 6.4.5. Financial Sources.

(a)

Subject to subdivision (g) of this section 6.4.5, each Financial Source

shall be licensed by the Tribal Gaming Agency prior to the Financial

Source extending financing in connection with the Tribe’s Gaming

Facility or Gaming Operation.

(b)

Every Financial Source required to be licensed by the Tribal Gaming

Agency shall, contemporaneously with the filing of its tribal license

application, apply to the State Gaming Agency for a determination of

suitability. In the event the State Gaming Agency denies the

determination of suitability, the Tribal Gaming Agency shall

immediately deny or revoke the Financial Source’s license.

(c)

A license issued under this section 6.4.5 shall be reviewed at least

every two (2) years for continuing compliance. In connection with

that review, the Tribal Gaming Agency shall require the Financial

Source to update all information provided in the Financial Source’s

previous application. For purposes of this section 6.5.2, that review

shall be deemed to constitute an application for renewal.

(d)

Any agreement between the Tribe and a Financial Source shall

include, and shall be deemed to include, a provision for its termination

31

without further liability on the part of the Tribe, except for the bona

fide repayment of all outstanding sums (exclusive of interest) owed as

of the date of termination upon revocation or non-renewal of the

Financial Source’s license by the Tribal Gaming Agency based on a

determination of unsuitability by the State Gaming Agency. The

Tribe shall not enter into, or continue to make payments pursuant to,

any contract or agreement for the provision of financing with any

person whose application to the State Gaming Agency for a

determination of suitability has been denied or revoked or has expired

without renewal.

(e)

A Gaming Resource Supplier who provides financing exclusively in

connection with the provision, sale, or lease of Gaming Resources

obtained from that Gaming Resource Supplier may be licensed solely

in accordance with licensing procedures applicable, if at all, to

Gaming Resource Suppliers, and need not be separately licensed as a

Financial Source under this section.

(f)

Within twenty-one (21) days of the issuance of a license to a Financial

Source, the Tribal Gaming Agency shall transmit to the State Gaming

Agency a copy of the license. Upon issuance of a license, the Tribal

Gaming Agency shall direct the Financial Source licensee to transmit

to the State Gaming Agency a copy of all license application materials

and information submitted to the Tribal Gaming Agency within

twenty-one (21) days.

(g)

(1)

The Tribal Gaming Agency may, at its discretion, exclude from

the licensing requirements of this section, the following

Financial Sources under the circumstances stated.

(A)

A federally-regulated or state-regulated bank, savings

and loan association, or other federally- or state-regulated

lending institution.

(B)

An entity identified by Regulation CGCC-2, subdivision

(f) (as in effect on July 1, 2006) of the Commission,

when that entity is a Financial Source solely by reason of

being (i) a purchaser or a holder of debt securities issued

directly or indirectly by the Tribe for a Gaming Facility

or for the Gaming Operation or (ii) the owner of a

participation interest in any amount of indebtedness for

32

which a Financial Source described in subdivision

(g)(1)(A), or any fund or other investment vehicle which

is administered or managed by any such Financial

Source, is the creditor.

(2)

(C)

An investor who, alone or together with any person

controlling, controlled by or under common control with

such investor, holds less than ten percent (10%) of all

outstanding debt securities issued directly or indirectly by

the Tribe for a Gaming Facility or for the Gaming

Operation.

(D)

An agency of the federal, State, tribal or local

government providing financing, together with any

person purchasing any debt securities of the agency to

provide such financing.

(E)

A real estate investment trust (as defined in 26 U.S.C. §

856(a)) which is publicly traded on a stock exchange,

registered with the Securities and Exchange Commission,

and subject to regulatory oversight of the Securities and

Exchange Commission.

(F)

An entity or category of entities that the State Gaming

Agency and the Tribal Gaming Agency jointly determine

can be excluded from the licensing requirements of this

section 6.4.5 without posing a threat to the public interest

or the integrity of the Gaming Operation.

In any case where the Tribal Gaming Agency elects to exclude

a Financial Source from the licensing requirements of this

section, the Tribal Gaming Agency shall give prompt notice

thereof to the State Gaming Agency, shall give reasonable

advance notice of any extension of financing by the Financial

Source in connection with the Tribe’s Gaming Operation or

Facility, and upon request of the State Gaming Agency, shall

provide it with all documentation supporting the Tribal Gaming

Agency’s exclusion of the Financial Source from the licensing

requirements of this section 6.4.5. The Tribal Gaming Agency

and the State Gaming Agency shall confer and make good faith

33

efforts to promptly resolve any dispute regarding the Tribal

Gaming Agency’s decision to exclude a Financial Source from

the licensing requirements of this section. Any dispute

regarding a decision to exclude a Financial Source from the

licensing requirements of this section that cannot be promptly

resolved by the Tribal Gaming Agency and the State Gaming

Agency shall be resolved through the Dispute Resolution

provisions in section 13.0.

(h)

(3)

Notwithstanding subdivision (g)(1), the Tribal Gaming Agency

and the State Gaming Agency shall work collaboratively to

resolve any reasonable concerns regarding the ongoing

excludability of an individual or entity as a Financial Source.

Any dispute between the Tribal Gaming Agency and the State

Gaming Agency pertaining to the excludability of an individual

or entity as a Financial Source shall be resolved by the Dispute

Resolution provisions in section 13.0.

(4)

The following are not Financial Sources for purposes of this

section 6.4.5.

(A)

An entity identified by Regulation CGCC-2, subdivision

(h) (as in effect on July 1, 2006) of the Commission.

(B)

A person or entity whose sole connection with a

provision or extension of financing to the Tribe is to

provide loan brokerage or debt servicing for a Financial

Source at no cost to the Tribe or the Gaming Operation,

provided that no portion of any financing provided is an

extension of credit to the Tribe or the Gaming Operation

by that person or entity.

In recognition of changing financial circumstances, this section 6.4.5

shall be subject to good faith renegotiation upon request of either

party in or after five (5) years from the effective date of this Compact;

provided such renegotiation shall not retroactively affect transactions

that have already taken place where the Financial Source has been

excluded or exempted from licensing requirements.

34

Sec. 6.4.6. Processing Tribal Gaming License Applications.

(a)

Each Applicant for a tribal gaming license shall submit the completed

application along with the required information and an application fee,

if required, to the Tribal Gaming Agency in accordance with the rules

and regulations of that agency.

(b)

At a minimum, the Tribal Gaming Agency shall require submission

and consideration of all information required under IGRA, including

part 556.4 of title 25 of the Code of Federal Regulations, for licensing

primary management officials and key employees.

(c)

For Applicants that are business entities, these licensing provisions

shall apply to the entity as well as: (i) each of its officers and

directors; (ii) each of its principal management employees, including

any chief executive officer, chief financial officer, chief operating

officer, and general manager; (iii) each of its owners, members, or

partners, if an unincorporated business; (iv) each of its shareholders

who owns more than ten percent (10%) of the shares of the

corporation, if a corporation, or who has a direct controlling interest in

the Applicant; and (v) each person or entity (other than a Financial

Source that the Tribal Gaming Agency has determined does not

require a license under section 6.4.5) that, alone or in combination

with others, has provided financing in connection with any Gaming

Operation or Class III Gaming authorized under this Compact, if that

person or entity provided more than ten percent (10%) of either the

start-up capital or the operating capital, or of a combination thereof,

over a twelve (12)-month period. For purposes of this subdivision,

where there is any commonality of the characteristics identified in this

section 6.4.6, subdivisions (c)(i) through (c)(v), inclusive, between

any two (2) or more entities, those entities may be deemed to be a

single entity. For purposes of this subdivision, a direct controlling

interest in the Applicant referred to in subdivision (c)(iv) excludes any

passive investor or anyone who has an indirect or only a financial

interest and does not have ability to control, manage or direct the

management decisions of the Applicant.

(d)

Nothing herein precludes the Tribe or Tribal Gaming Agency from

requiring more stringent licensing requirements.

35

Sec. 6.4.7. Suitability Standard Regarding Gaming Licenses.

(a)

In reviewing an application for a tribal gaming license, and in addition

to any standards set forth in the Tribe’s Gaming Ordinance, the Tribal

Gaming Agency shall consider whether issuance of the license is

inimical to public health, safety, or welfare, and whether issuance of

the license will undermine public trust that the Tribe’s Gaming

Operation is free from criminal and dishonest elements and would be

conducted honestly.

(b)

A license may not be issued unless, based on all information and

documents submitted, the Tribal Gaming Agency is satisfied that the

Applicant, and in the case of an entity, each individual identified in

section 6.4.6, meets all the following requirements:

(1)

The person is of good character, honesty, and integrity.

(2)

The person’s 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

gaming, or create or enhance the dangers of unsuitable, unfair,

or illegal practices, methods, or activities in the conduct of

gaming, or in the carrying on of business and financial

arrangements incidental thereto.

(3)

The person is in all other respects qualified to be licensed as

provided, and meets the criteria established in this Compact,

IGRA, NIGC regulations, the Tribe’s Gaming Ordinance, and

any other criteria adopted by the Tribal Gaming Agency or the

Tribe; provided, however, 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 May 16, 2000.

Sec. 6.4.8. Background Investigations of Applicants.

(a)

The Tribal Gaming Agency shall conduct or cause to be conducted all

necessary background investigations reasonably required to determine

that the Applicant is qualified for a gaming license under the

standards set forth in section 6.4.7, and to fulfill all requirements for

36

licensing under IGRA, NIGC regulations, the Tribe’s Gaming

Ordinance, and this Compact. The Tribal Gaming Agency shall not

issue a gaming license, other than a temporary license pursuant to

section 6.4.9, until a determination is made that those qualifications

have been met.

(b)

In lieu of completing its own background investigation, and to the

extent that doing so does not conflict with or violate IGRA or the

Tribe’s Gaming Ordinance, the Tribal Gaming Agency may contract

with the State Gaming Agency for the conduct of background

investigations, may rely on a State determination of suitability

previously issued under a Class III Gaming compact involving

another tribe and the State, or may rely on a State Gaming Agency

license previously issued to the Applicant, to fulfill some or all of the

Tribal Gaming Agency’s background investigation obligations.

(c)

If the Tribal Gaming Agency contracts with the State Gaming Agency

for the conduct of background investigations, then an Applicant for a

tribal gaming license shall be required to provide releases to the State

Gaming Agency to make available to the Tribal Gaming Agency

background information regarding the Applicant. The State Gaming

Agency shall cooperate in furnishing to the Tribal Gaming Agency

that information, unless doing so would violate state or federal law,

would violate any agreement the State Gaming Agency has with a

source of the information other than the Applicant, or would impair or

impede a criminal investigation, or unless the Tribal Gaming Agency

cannot provide sufficient safeguards to assure the State Gaming

Agency that the information will remain confidential.

(d)

In lieu of obtaining summary criminal history information from the

NIGC, the Tribal Gaming Agency may, pursuant to the provisions in

subdivisions (d) through (i), obtain such information from the

California Department of Justice. If the Tribe adopts an ordinance

confirming that article 6 (commencing with section 11140) of chapter

1 of title 1 of part 4 of the California Penal Code is applicable to

members, investigators, and staff of the Tribal Gaming Agency, and

those members, investigators, and staff thereafter comply with that

ordinance, then, for purposes of carrying out its obligations under this

section, the Tribal Gaming Agency shall be eligible to be considered

an entity entitled to request and receive state summary criminal

37

history information, within the meaning of subdivision (b)(13) of

section 11105 of the California Penal Code.

(e)

The information received shall be used by the requesting agency

solely for the purpose for which it was requested and shall not be

reproduced for secondary dissemination to any other employment or

licensing agency. The unauthorized access and misuse of criminal

offender record information may affect an individual’s civil rights.

Additionally, any person intentionally disclosing information obtained

from personal or confidential records maintained by a state agency or

from records within a system of records maintained by a government

agency may be subject to prosecution.

(f)

The Tribal Gaming Agency shall submit to the California Department

of Justice fingerprint images and related information required by the

California Department of Justice of all Gaming Employees, as defined

by section 2.11, for the purposes of obtaining information as to the

existence and content of a record of state or federal convictions and

state or federal arrests and also information as to the existence and

content of a record of state or federal arrests for which the Department

of Justice establishes that the person is free on bail or on his or her

recognizance pending trial or appeal.

(g)

When received, the California Department of Justice shall forward to

the Federal Bureau of Investigation requests for federal summary

criminal history information received pursuant to this section. The

California Department of Justice shall review the information returned

from the Federal Bureau of Investigation and compile and disseminate

a response to the Tribal Gaming Agency.

(h)

The California Department of Justice shall provide a state or federal

level response to the Tribal Gaming Agency pursuant to Penal Code

section 11105, subdivision (p)(1).

(i)

The Tribal Gaming Agency shall request from the California

Department of Justice subsequent notification service, as provided

pursuant to section 11105.2 of the Penal Code, for persons described

in subdivision (f) above.

38

Sec. 6.4.9. Temporary Licensing of Gaming Employees.

(a)

If the Applicant has completed a license application in a manner

satisfactory to the Tribal Gaming Agency, and that agency has

conducted a preliminary background investigation, and the

investigation or other information held by that agency does not

indicate that the Applicant has a criminal history or other information

in his or her background that would either automatically disqualify the

Applicant from obtaining a tribal gaming license or cause a reasonable

person to investigate further before issuing a license, or that the

Applicant is otherwise unsuitable for licensing, the Tribal Gaming

Agency may issue a temporary tribal gaming license and may impose

such specific conditions thereon pending completion of the

Applicant’s background investigation, as the Tribal Gaming Agency

in its sole discretion shall determine.

(b)

Special fees may be required by the Tribal Gaming Agency to issue or

maintain a temporary tribal gaming license.

(c)

A temporary tribal gaming license shall remain in effect until

suspended or revoked, or a final determination is made on the

application, or for a period of up to one (1) year, whichever comes

first.

(d)

At any time after issuance of a temporary tribal gaming license, the

Tribal Gaming Agency shall or may, as the case may be, suspend or

revoke it in accordance with the provisions of sections 6.5.1 or 6.5.5,

and the State Gaming Agency may request suspension or revocation

before making a determination of unsuitability.

(e)

Nothing herein shall be construed to relieve the Tribe of any

obligation under part 558 of title 25 of the Code of Federal

Regulations.

Sec. 6.5.0. Tribal Gaming License Issuance.

Upon completion of the necessary background investigation, the Tribal

Gaming Agency may issue a tribal gaming license on a conditional or

unconditional basis. Nothing herein shall create a property or other right of an

Applicant in an opportunity to be licensed, or in a tribal gaming license itself, both

39

of which shall be considered to be privileges granted to the Applicant in the sole

discretion of the Tribal Gaming Agency.

Sec. 6.5.1. Denial, Suspension, or Revocation of Licenses.

(a)

Any Applicant’s application for a tribal gaming license may be

denied, and any license issued may be revoked, if the Tribal Gaming

Agency determines that the application is incomplete or deficient, or

if the Applicant is determined to be unsuitable or otherwise

unqualified for a tribal gaming license.

(b)

Pending consideration of revocation, the Tribal Gaming Agency may

suspend a tribal gaming license in accordance with section 6.5.5.

(c)

All rights to notice and hearing shall be governed by tribal law and

comport with federal procedural due process by, at a minimum,

providing the employee with notice reasonably calculated to apprise

the employee of the pendency of the determination, access to the

materials upon which the charge is based, and an opportunity to be

heard. The Applicant shall be notified in writing of the hearing and

given notice of any intent to suspend or revoke the tribal gaming

license.

(d)

Notwithstanding anything to the contrary herein, upon receipt of

notice that the State Gaming Agency has determined that a person

would be unsuitable for licensure in a gambling establishment subject

to the jurisdiction of the State Gaming Agency, the Tribal Gaming

Agency shall deny that person a tribal gaming license and promptly,

and in no event more than thirty (30) days from the State Gaming

Agency notification, revoke any tribal gaming license that has

theretofore been issued to that person; provided that the Tribal

Gaming Agency may, in its discretion, reissue a tribal gaming license

to the person following entry of a final judgment reversing the

determination of the State Gaming Agency in a proceeding between

the applicant and the State Gaming Agency in state court conducted

pursuant to section 1085 of the California Code of Civil Procedure.

40

Sec. 6.5.2. Renewal of Licenses; Extensions; Further Investigation.

(a)

Except as provided in section 6.4.4, subdivision (c), the term of a

tribal gaming license shall not exceed two (2) years, and application

for renewal of a license must be made prior to its expiration.

Applicants for renewal of a license shall provide updated material, as

requested, on the appropriate renewal forms, but, at the discretion of

the Tribal Gaming Agency, may not be required to resubmit historical

data previously submitted or which is otherwise available to the Tribal

Gaming Agency. At the discretion of the Tribal Gaming Agency, an

additional background investigation may be required at any time if the

Tribal Gaming Agency determines the need for further information

concerning the Applicant’s continuing suitability or eligibility for a

license.

(b)

Prior to renewing a license, the Tribal Gaming Agency shall deliver to

the State Gaming Agency copies of all information and documents

received in connection with the application for renewal of the tribal

gaming license, which is not otherwise prohibited or restricted from

disclosure under applicable federal law or regulation, for purposes of

the State Gaming Agency’s consideration of renewal of its

determination of suitability.

(c)

At the discretion of the State Gaming Agency, an additional

background investigation may be required if the State Gaming

Agency determines the need for further information concerning the

Applicant’s continuing suitability for a license.

Sec. 6.5.3. Identification Cards.

(a)

The Tribal Gaming Agency shall require that all persons who are

required to be licensed wear, in plain view at all times while in the

Gaming Facility, identification badges issued by the Tribal Gaming

Agency.

(b)

Identification badges must display information, including, but not

limited to, a photograph and the person’s name, which is adequate to

enable members of the public and agents of the Tribal Gaming

Agency to readily identify the person and determine the validity and

date of expiration of his or her license.

41

(c)

Upon request, the Tribe shall provide the State Gaming Agency with

the name, badge identification number (if any), and job title of all

Gaming Employees.

Sec. 6.5.4. Fees for Tribal Gaming License.

The fees for all tribal gaming licenses shall be set by the Tribal Gaming

Agency.

Sec. 6.5.5. Suspension of Tribal Gaming License.

The Tribal Gaming Agency shall summarily suspend the tribal gaming

license of any employee if the Tribal Gaming Agency determines that the

continued licensing of the person constitutes a threat to the public health or safety

or may summarily suspend the license of any employee if the Tribal Gaming

Agency determines that the continued licensing of the person may violate the

Tribal Gaming Agency’s licensing or other standards. Any hearing in regard

thereto shall be governed by tribal law and comport with federal due process by, at

a minimum, providing the employee with notice reasonably calculated to apprise

the employee of the pendency of the determination, access to the materials upon

which the charge is based, and an opportunity to be heard.

Sec. 6.5.6. State Determination of Suitability Process.

(a)

With respect to Gaming Employees, upon receipt of an Applicant’s

completed license application and a determination to issue either a

temporary or permanent license, the Tribal Gaming Agency shall

transmit within twenty-one (21) days to the State Gaming Agency for

a determination of suitability for licensure under the California

Gambling Control Act a notice of intent to license the Applicant,

together with all of the following:

(1)

A copy of all tribal license application materials and

information received by the Tribal Gaming Agency from the

Applicant, which is not otherwise restricted from disclosure

under applicable federal law or regulation.

(2)

An original complete set of fingerprint impressions, rolled by a

certified fingerprint roller, which may be on a fingerprint card

or transmitted electronically.

42

(3)

A current photograph.

(4)

Except to the extent waived by the State Gaming Agency, such

releases of information, waivers, and other completed and

executed forms as have been obtained by the Tribal Gaming

Agency.

(b)

Upon receipt of a written request from a Gaming Resource Supplier or

a Financial Source for a determination of suitability, the State Gaming

Agency shall transmit an application package to the Applicant to be

completed and returned to the State Gaming Agency for purposes of

allowing it to make a determination of suitability for licensure.

(c)

Investigation and disposition of applications for a determination of

suitability shall be governed entirely by State law, and the State

Gaming Agency shall determine whether the Applicant would be

found suitable for licensure in a gambling establishment subject to the

State Gaming Agency’s jurisdiction. Additional information may be

required by the State Gaming Agency to assist it in its background

investigation, to the extent permitted under State law for licensure in a

gambling establishment subject to the State Gaming Agency’s

jurisdiction.

(d)

The Tribal Gaming Agency shall require a licensee to apply for

renewal of a determination of suitability by the State Gaming Agency

at such time as the licensee applies for renewal of a tribal gaming

license.

(e)

Upon receipt of completed license or license renewal application

information from the Tribal Gaming Agency, the State Gaming

Agency may conduct a background investigation pursuant to state law

to determine whether the Applicant is suitable to be licensed for

association with Class III Gaming operations. While the Tribal

Gaming Agency shall ordinarily be the primary source of application

information, the State Gaming Agency is authorized to directly seek

application information from the Applicant. The Tribal Gaming

Agency shall provide to the State Gaming Agency summary reports,

including any derogatory information, of the background

investigations conducted by the Tribal Gaming Agency and the NIGC,

written statements by the Applicant, and related applications, if any,

43

for Gaming Employees, Gaming Resource Suppliers, and Financial

Sources. If further investigation is required to supplement the

investigation conducted by the Tribal Gaming Agency, the Applicant

will be required to pay the application fee charged by the State

Gaming Agency pursuant to California Business and Professions

Code section 19951, subdivision (a), but any deposit requested by the

State Gaming Agency pursuant to section 19867 of that Code shall

take into account reports of the background investigation already

conducted by the Tribal Gaming Agency and the NIGC, if any.

Failure to provide information reasonably required by the State

Gaming Agency to complete its investigation under State law or

failure to pay the application fee or deposit can constitute grounds for

denial of the application by the State Gaming Agency. The State

Gaming Agency and Tribal Gaming Agency shall cooperate in

sharing as much background information as possible, both to

maximize investigative efficiency and thoroughness, and to minimize

investigative costs.

(f)

Upon completion of the necessary background investigation or other

verification of suitability, the State Gaming Agency shall issue a

notice to the Tribal Gaming Agency certifying that the State has

determined that the Applicant is suitable, or that the Applicant is

unsuitable, for licensure in a Gaming Operation and, if unsuitable,

stating the reasons therefore. Issuance of a determination of

suitability does not preclude the State Gaming Agency from a

subsequent determination based on newly discovered information that

a person or entity is unsuitable for the purpose for which the person or

entity is licensed. Upon receipt of notice that the State Gaming

Agency has determined that a person or entity is or would be

unsuitable for licensure, the Tribal Gaming Agency shall deny that

person or entity a license and promptly, and in no event more than

thirty (30) days from the issuance of the State Gaming Agency

notification, revoke any tribal gaming license that has theretofore been

issued to that person or entity; provided that the Tribal Gaming

Agency may, in its discretion, reissue a tribal gaming license to the

person or entity following entry of a final judgment reversing the

determination of the State Gaming Agency in a proceeding in state

court between the Applicant and the State Gaming Agency conducted

pursuant to section 1085 of the California Code of Civil Procedure.

44

(g)

Prior to denying an application for a determination of suitability, or to

issuing notice to the Tribal Gaming Agency that a person or entity

previously determined to be suitable had been determined unsuitable

for licensure, the State Gaming Agency shall notify the Tribal Gaming

Agency and afford the Tribe an opportunity to be heard. If the State

Gaming Agency denies an application for a determination of

suitability, or issues notice that a person or entity previously

determined suitable has been determined unsuitable for licensure, the

State Gaming Agency shall provide that person or entity with written

notice of all appeal rights available under state law.

(h)

The Commission, or its successor, shall maintain a roster of Gaming

Resource Suppliers and Financial Sources that it has determined to be

suitable pursuant to the provisions of this section, or through separate

procedures to be adopted by the Commission. Upon application to the

Tribal Gaming Agency for a tribal gaming license, a Gaming

Resource Supplier or Financial Source that appears on the

Commission’s suitability roster may be licensed by the Tribal Gaming

Agency in the same manner as a Gaming Resource Supplier under

subdivision (d) of section 6.4.4, subject to any later determination by

the State Gaming Agency that the Gaming Resource Supplier or

Financial Source is not suitable or to a tribal gaming license

suspension or revocation pursuant to section 6.5.1; provided that

nothing in this subdivision exempts the Gaming Resource Supplier or

Financial Source from applying for a renewal of a State determination

of suitability.

Sec. 6.6. Submission of New Application.

Except as expressly provided otherwise in section 6.4.4, subdivisions (a) and

(c), nothing in section 6.0 shall be construed to preclude an Applicant who has

been determined to be unsuitable for licensure by the State Gaming Agency, or the

Tribe on behalf of such Applicant, from later submitting a new application for a

determination of suitability by the State Gaming Agency in accordance with

section 6.0.

45

SECTION 7.0. APPROVAL AND TESTING OF GAMING DEVICES.

Sec. 7.1. Gaming Device Approval.

(a)

No Gaming Device may be offered for play unless all the following

occurs:

(l)

The manufacturer or distributor which sells, leases, or

distributes such Gaming Device (i) has applied for a

determination of suitability by the State Gaming Agency at

least fifteen (15) days before it is offered for play, (ii) has not

been found to be unsuitable by the State Gaming Agency, and

(iii) has been licensed by the Tribal Gaming Agency;

(2)

The software for the game authorized for play on the Gaming

Device has been tested, approved and certified by an

independent gaming test laboratory or state governmental

gaming test laboratory (Gaming Test Laboratory) as operating

in accordance with the technical standards approved by the

State of Nevada, or such other technical standards as the State

Gaming Agency and the Tribal Gaming Agency shall agree

upon, which agreement shall not be unreasonably withheld;

(3)

A copy of the certification by the Gaming Test Laboratory,

specified in subdivision (a)(2), is provided to the State Gaming

Agency by electronic transmission or by mail, unless the State

Gaming Agency waives receipt of copies of the certification;

(4)

The software for the game authorized for play on the Gaming

Device is tested by the Tribal Gaming Agency to ensure each

game authorized for play on the Gaming Device has the correct

electronic signature prior to operation of the Gaming Device by

the public, or if already inserted, tested prior to being made

available for patron play on the gaming floor;

(5)

The hardware and associated equipment for each type of

Gaming Device has been tested by the Gaming Test Laboratory

prior to operation by the public to ensure operation in

accordance with the applicable Gaming Test Laboratory

standards; and

46

(6)

(b)

The hardware and associated equipment for the Gaming Device

has been tested by the Tribal Gaming Agency to ensure

operation in accordance with the manufacturer’s specifications.

Where either the Tribe or the State Gaming Agency requests new

standards for testing, approval, and certification of the software for the

game authorized for play on the Gaming Device pursuant to

subdivision (a)(2), the party requesting the new standards shall

provide the other party with a detailed explanation of the reason(s) for

the request. If the party to which the request is made disagrees with

the request, the State Gaming Agency and the Tribal Gaming Agency

shall meet and confer in a good-faith effort to resolve the

disagreement, which meeting and conferring shall include

consultation with an independent Gaming Test Laboratory. If the

disagreement is not resolved within one hundred twenty (120) days of

the request, either party may submit the matter to dispute resolution

under section 13.0 of this Compact.

Sec. 7.2. Gaming Test Laboratory Selection.

(a)

The Gaming Test Laboratory shall be an independent or state

governmental gaming test laboratory recognized in the gaming

industry which (1) is competent and qualified to conduct scientific

tests and evaluations of Gaming Devices, and (2) is licensed or

approved by any of the following states: Arizona, California,

Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New

Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the

State Gaming Agency documentation that demonstrates the Gaming

Test Laboratory satisfies (1) and (2) herein at least thirty (30) days

before the commencement of Gaming Activities pursuant to this

Compact, or if such use follows the commencement of Gaming

Activities, within fifteen (15) days prior to reliance thereon. If, at any

time, the Gaming Test Laboratory license and/or approval required by

(2) herein is suspended or revoked by any of those states or the

Gaming Test Laboratory is found unsuitable by the State Gaming

Agency, then the State Gaming Agency may reject the use of such

Gaming Test Laboratory, and upon such rejection, the Tribal Gaming

Agency shall ensure that such Gaming Test Laboratory discontinues

its responsibilities under this section.

47

(b)

The Tribe and the State Gaming Agency shall inform the Gaming Test

Laboratory in writing that irrespective of the source of payment of its

fees, the Gaming Test Laboratory’s duty of loyalty runs equally to the

State and the Tribe.

Sec. 7.3. Maintenance of Records of Testing Compliance.

The Tribal Gaming Agency shall prepare and maintain records of its

compliance with section 7.1 while any Gaming Device is on the gaming floor and

for a period of one (1) year after the Gaming Device is removed from the gaming

floor, and shall make those records available for inspection by the State Gaming

Agency upon request.

Sec. 7.4. State Gaming Agency Inspections.

(a)

The State Gaming Agency, utilizing such consultants, if any, it deems

appropriate, may inspect the Gaming Devices in operation at the

Gaming Facility on a random basis not to exceed four (4) times

annually to confirm that they operate and play properly pursuant to

the manufacturer’s technical standards. The inspections may be

conducted onsite or remotely and may include all Gaming Device

software, hardware, associated equipment, software maintenance

records, and components critical to the operation of the Gaming

Device. The Tribal Gaming Agency shall cooperate with the State

Gaming Agency’s reasonable efforts to obtain information that

facilitates the conduct of remote but effective inspections that

minimize disruption to Gaming Activities. The random inspections

conducted pursuant to this subdivision shall occur during normal

business hours outside of weekends and holidays and shall not remove

from play more than five percent (5%) of the Gaming Devices then in

operation at the Gaming Facility, provided that the five percent (5%)

limitation on removal of Gaming Devices shall not apply where a

Gaming Device, including but not limited to a progressive controller,

makes limiting removal from play to no more than five percent (5%)

infeasible or impossible. Whenever practicable, the State Gaming

Agency shall not require removal from play any Gaming Device that

the State Gaming Agency determines may be fully and adequately

tested while still in play.

48

(b)

The State Gaming Agency shall provide notice to the Tribal Gaming

Agency of such inspection at or prior to the commencement of the

random inspection, and the Tribal Gaming Agency may accompany

the State Gaming Agency inspector(s).

(c)

The State Gaming Agency, utilizing such consultants, if any, it deems

appropriate, may conduct additional inspections at additional times

upon reasonable belief of any irregularity and after informing and

consulting with the Tribal Gaming Agency regarding the factual basis

for such belief.

Sec. 7.5. Technical Standards.

The Tribal Gaming Agency shall provide to the State Gaming Agency

copies of its regulations for technical standards applicable to the Tribe’s Gaming

Devices at least thirty (30) days before the commencement of the Gaming

Operation and at least thirty (30) days before the effective date of any revisions to

the regulations.

Sec. 7.6. Transportation of Gaming Devices.

(a)

Subject to the provisions of subdivision (b), the Tribal Gaming

Agency shall not permit any Gaming Device to be transported to or

from the Tribe’s Indian lands except in accordance with procedures

established by agreement between the State Gaming Agency and the

Tribal Gaming Agency and upon at least ten (10) days’ notice to the

Sheriff’s Department for the County.

(b)

Transportation of a Gaming Device from a Gaming Facility within

California is permissible only if:

(1)

The final destination of the Gaming Device is a gaming facility

of any tribe in California that has a compact with the State

which makes lawful the receipt of such Gaming Device;

(2)

The final destination of the Gaming Device is any other state in

which possession of the Gaming Device is made lawful by state

law or by tribal-state compact;

49

(c)

(3)

The final destination of the Gaming Device is another country,

or any state or province of another country, wherein possession

of the Gaming Device is lawful; or

(4)

The final destination is a location within California for testing,

repair, maintenance, or storage by a person or entity that has

been licensed by the Tribal Gaming Agency and has been found

suitable for licensure by the State Gaming Agency.

Any Gaming Device transported from or to the Tribe’s Indian lands in

violation of this section 7.6, or in violation of any permit issued

pursuant thereto, is subject to summary seizure by California peace

officers in accordance with California law.

SECTION 8.0. INSPECTIONS.

Sec. 8.1. Investigation and Sanctions.

(a)

The Tribal Gaming Agency shall investigate any reported violation of

this Compact and shall require the Gaming Operation to correct the

violation upon such terms and conditions as the Tribal Gaming

Agency determines are necessary.

(b)

The Tribal Gaming Agency shall be empowered by the Gaming

Ordinance to impose fines or other sanctions within the jurisdiction of

the Tribe against gaming licensees who interfere with or violate the

Tribe’s gaming regulatory requirements and obligations under IGRA,

NIGC gaming regulations, the Gaming Ordinance, or this Compact as

long as the fines or sanctions comport with federal due process by, at a

minimum, providing the employee with notice reasonably calculated

to apprise the employee of the pendency of the determination, access

to the materials upon which the charge is based, and an opportunity to

be heard..

(c)

The Tribal Gaming Agency shall report violations of this Compact

that pose a substantial threat to gaming integrity, public health and

safety or the environment, or continued violations that, if isolated

might not require reporting, but cumulatively pose a substantial threat

to gaming integrity, public health and safety or the environment, and

any failures to comply with Tribal Gaming Agency’s orders to the

50

Commission and the Bureau of Gambling Control in the California

Department of Justice within ten (10) days of discovery.

Sec. 8.2. Assistance by State Gaming Agency.

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 8.1, or otherwise to protect public health, safety, or

welfare.

Sec. 8.3. Access to Premises by State Gaming Agency; Notification;

Inspections.

(a)

Notwithstanding that the Tribe and its Tribal Gaming Agency have

the primary responsibility to administer and enforce the regulatory

requirements of this Compact, the State Gaming Agency, including

but not limited to any consultants retained by it, shall have the right to

inspect the Tribe’s Gaming Facility, and all Gaming Operation or

Facility records relating to Class III Gaming as is reasonably

necessary to ensure Compact compliance, including such records

located in off-site facilities dedicated to their storage subject to the

conditions in subdivisions (b), (c), and (d).

(b)

Except as provided in section 7.4, the State Gaming Agency may

inspect public areas of the Gaming Facility at any time without prior

notice during normal Gaming Facility business hours.

(c)

Inspection of areas of the Gaming Facility not normally accessible to

the public may be made at any time the Gaming Facility is open to the

public, immediately after the State Gaming Agency’s authorized

inspector notifies the Tribal Gaming Agency of his or her presence on

the premises, presents proper identification, and requests access to the

non-public areas of the Gaming Facility. The Tribal Gaming Agency,

in its sole discretion, may require a member of the Tribal Gaming

Agency to accompany the State Gaming Agency inspector at all times

that the State Gaming Agency inspector is in a non-public area of the

Gaming Facility. If the Tribal Gaming Agency imposes such a

requirement, it shall require such member to be available at all times

for those purposes and shall ensure that the member has the ability to

gain immediate access to all non-public areas of the Gaming Facility.

51

(d)

Nothing in this Compact shall be construed to limit the State Gaming

Agency to one inspector during inspections.

Sec. 8.4. Inspection, Copying and Confidentiality of Documents.

(a)

Inspection and copying of Gaming Operation papers, books, and

records may occur at any time, immediately after the State Gaming

Agency gives notice to the Tribal Gaming Agency, during the hours

from 8:00 a.m. to 5:00 p.m. Monday through Friday, and at any other

time that a Tribal Gaming Agency employee, a Gaming Facility

employee, or a Gaming Operation employee is available onsite with

physical access to offices, including off-site facilities, where the

papers, books, and records are kept. The Tribe shall cooperate with,

and cannot refuse, the inspection and copying, provided that the State

Gaming Agency inspectors cannot require copies of papers, books, or

records in such volume that it unreasonably interferes with the normal

functioning of the Gaming Operation or Gaming Facility.

(b)

In lieu of onsite inspection and copying of Gaming Operation papers,

books, and records by its inspectors, the State Gaming Agency may

request in writing that the Tribal Gaming Agency provide copies of

such papers, books, and records as the State Gaming Agency deems

necessary to ensure compliance with the terms of this Compact. The

State Gaming Agency’s written request shall describe those papers,

books, and records requested to be copied with sufficient specificity to

reasonably identify the requested documents. Within ten (10) days

after it receives the request, or such other time as the State Gaming

Agency may agree in writing, the Tribal Gaming Agency shall

provide one (1) copy of the requested papers, books, and records to

the requesting State Gaming Agency. An electronic version of the

requested papers, books, and records may be submitted to the State

Gaming Agency in lieu of a paper copy so long as the software

required to access the electronic version is reasonably available to the

State Gaming Agency and the State Gaming Agency does not object.

(c)

Notwithstanding any other provision of California law, any

confidential information and records, as defined in subdivision (d),

that the State Gaming Agency obtains or copies pursuant to this

Compact shall be, and remain, the property solely of the Tribe;

52

provided that such confidential information and records and copies

may be retained by the State Gaming Agency as is reasonably

necessary to assure the Tribe’s compliance with this Compact or to

complete any investigation of suspected criminal activity; and

provided further that the State Gaming Agency may provide such

confidential information and records and copies to federal law

enforcement and other state agencies or consultants that the State

deems reasonably necessary in order to assure the Tribe’s compliance

with this Compact, in order to renegotiate any provision thereof, or in

order to conduct or complete any investigation of suspected criminal

activity in connection with the Gaming Activities or the operation of

the Gaming Facility or the Gaming Operation.

(d)

For the purposes of this section 8.4, “confidential information and

records” means any and all information and records received from the

Tribe pursuant to the Compact, except for information and documents

that are in the public domain.

(e)

The State Gaming Agency and all other state agencies and consultants

to which it provides information and records obtained pursuant to

subdivisions (a) or (b) of this section, which are confidential pursuant

to subdivision (d), will exercise care in the preservation of the

confidentiality of such information and records and will apply the

highest standards of confidentiality provided under California state

law to preserve such information and records from disclosure until

such time as the information or record is no longer confidential or

disclosure is authorized by the Tribe, by mutual agreement of the

Tribe and the State, or pursuant to the arbitration procedures under

section 13.2. The State Gaming Agency and all other state agencies

and consultants may disclose confidential information or records as

necessary to fully adjudicate or resolve a dispute arising pursuant to

the Compact, in which case the State Gaming Agency and all other

state agencies and consultants agree to preserve confidentiality to the

greatest extent feasible and available. Before the State Gaming

Agency provides confidential information and records to a consultant

as authorized under subdivision (c), it shall enter into a confidentiality

agreement with that consultant that meets the standards of this

subdivision.

53

(f)

The Tribe may avail itself of any and all remedies under State law for

the improper disclosure of confidential information and records. In

the case of any disclosure of confidential information and records

compelled by judicial process, the State Gaming Agency will

endeavor to give the Tribe prompt notice of the order compelling

disclosure and a reasonable opportunity to interpose an objection

thereto with the court.

(g)

The Tribal Gaming Agency and the State Gaming Agency shall confer

regarding protocols for the release to law enforcement agencies of

information obtained during the course of background investigations.

(h)

Confidential information and records received by the State Gaming

Agency from the Tribe in compliance with this Compact, or

information compiled by the State Gaming Agency from those

confidential records, shall be exempt from disclosure under the

California Public Records Act.

(i)

Notwithstanding any other provision of this Compact, the State

Gaming Agency shall not be denied access to papers, books, records,

equipment, or places where such access is reasonably necessary to

ensure compliance with this Compact or to conduct or complete an

investigation of suspected criminal activity in connection with the

Gaming Activities or the operation of the Gaming Facility or the

Gaming Operation.

Sec. 8.5. NIGC Audit Reports.

The Tribe shall provide to the State Gaming Agency, within twenty (20)

days of their submission to the NIGC, copies of the audited financial statements of

Class III Gaming and management letter(s), if any, provided to the NIGC. All

submissions to the State Gaming Agency made pursuant to this section 8.5 shall be

subject to the confidentiality protections and assurances set forth in section 8.4,

subdivision (h) of this Compact.

Sec. 8.6. Cooperation with Tribal Gaming Agency.

The State Gaming Agency shall meet periodically with the Tribal Gaming

Agency and cooperate in all matters relating to the enforcement of the provisions

of this Compact and its Appendices.

54

Sec. 8.7. Compact Compliance Review.

The State Gaming Agency is authorized to conduct an annual

comprehensive Compact compliance review of the Gaming Operation, Gaming

Facility, and Gaming Activities to ensure compliance with all provisions of this

Compact, any appendices hereto, including, without limitation, minimum internal

control standards set forth in Appendix C, and with all laws, ordinances, codes,

rules, regulations, policies, internal controls, standards, and procedures that are

required to be adopted, implemented, or complied with pursuant to this Compact.

Upon the discovery of an irregularity that the State Gaming Agency reasonably

determines may be a threat to gaming integrity or public safety, and after

consultation with the Tribal Gaming Agency, the State Gaming Agency may

conduct additional periodic reviews of any part of the Gaming Operation, Gaming

Facility, and Gaming Activities and other activities subject to this Compact in

order to ensure compliance with all provisions of this Compact and its appendices.

Nothing in this section shall be construed to supersede any other audits,

inspections, investigations, and monitoring authorized by this Compact.

SECTION 9.0. RULES AND REGULATIONS FOR THE OPERATION

AND MANAGEMENT OF THE GAMING OPERATION AND FACILITY.

Sec. 9.1. Adoption of Regulations for Operation and Management;

Minimum Standards.

It is the responsibility of the Tribal Gaming Agency to conduct on-site

gaming regulation and control in order to enforce the terms of this Compact, of

IGRA, of NIGC gaming regulations, of State Gaming Agency regulations, and of

the Gaming Ordinance, to protect the integrity of the Gaming Activities and the

Gaming Operation for honesty and fairness, and to maintain the confidence of

patrons that tribal governmental gaming in California meets the highest standards

of fairness and internal controls. To meet those responsibilities, the Tribal Gaming

Agency shall be vested with the authority to promulgate, and shall promulgate,

rules and regulations governing, at a minimum, the following subjects pursuant to

the standards and conditions set forth therein:

(a)

The enforcement of all relevant laws and rules with respect to the

Gaming Activities, Gaming Operation and Gaming Facility, and the

conduct of investigations and hearings with respect thereto, and to any

other subject within its jurisdiction.

55

(b)

The physical safety of Gaming Facility patrons and employees, and

any other person while in the Gaming Facility. Except as provided in

section 12.2, nothing herein shall be construed, however, to make

applicable to the Tribe any State laws, regulations, or standards

governing the use of tobacco.

(c)

The physical safeguarding of assets transported to, within, and from

the Gaming Facility.

(d)

The prevention of illegal activity within the Gaming Facility or with

regard to the Gaming Operation or Gaming Activities, including, but

not limited to, the maintenance of employee procedures and a

surveillance system as provided in subdivision (e).

(e)

Maintenance of a closed-circuit television surveillance system

consistent with industry standards for gaming facilities of the type and

scale operated by the Tribe, which system shall be approved by, and

may not be modified without the approval of, the Tribal Gaming

Agency. The Tribal Gaming Agency shall have current copies of the

Gaming Facility floor plan and closed-circuit television system at all

times.

(f)

The recording of any and all occurrences within the Gaming Facility

that deviate from normal operating policies and procedures

(hereinafter “incidents”). The regulations shall provide that the Tribal

Gaming Agency shall transmit copies of incident reports that concern

a significant or continued threat to public safety or gaming integrity to

the State Gaming Agency forthwith. The procedure for recording

incidents pursuant to the regulations shall also do all of the following:

(1)

Specify that security personnel record all incidents, regardless

of an employee’s determination that the incident may be

immaterial (all incidents shall be identified in writing).

(2)

Require the assignment of a sequential number to each report.

(3)

Provide for permanent reporting in indelible ink in a bound

notebook from which pages cannot be removed and in which

entries are made on each side of each page and/or in electronic

form, provided the information is recorded in a manner so that,

56

once the information is entered, it cannot be deleted or altered

and is available to the State Gaming Agency pursuant to

sections 8.3 and 8.4.

(4)

Require that each report include, at a minimum, all of the

following:

(A)

The record number.

(B)

The date.

(C)

The time.

(D)

The location of the incident.

(E)

A detailed description of the incident.

(F)

The persons involved in the incident.

(G)

The security department employee assigned to the

incident.

(g)

The establishment of employee procedures designed to permit

detection of any irregularities, theft, cheating, fraud, or the like,

consistent with industry practice.

(h)

Maintenance of a list of persons permanently excluded from the

Gaming Facility who, because of their past behavior, criminal history,

or association with persons or organizations, pose a threat to the

integrity of the Gaming Activities of the Tribe or to the integrity of

regulated gaming within the State. The Tribal Gaming Agency shall

transmit a copy of the list to the State Gaming Agency quarterly and

shall make a copy of the current list available to the State Gaming

Agency upon request. Notwithstanding anything in this Compact to

the contrary, the State Gaming Agency is authorized to make copies

of the list available to other tribal gaming agencies, to licensees of the

Commission, the California Horse Racing Board, and other law

enforcement agencies. To the extent permissible under law, the State

Gaming Agency may share information about individuals

permanently excluded from other tribal gaming facilities or other

57

gaming establishments within California with the Tribal Gaming

Agency.

(i)

The conduct of an audit, at the Tribe’s expense, of the annual financial

statements of the Gaming Operation.

(j)

Submission to, and prior approval by, the Tribal Gaming Agency of

the rules and regulations of each Class III game to be operated by the

Tribe, and of any changes in those rules and regulations. No Class III

game may be played that has not received Tribal Gaming Agency

approval.

(k)

The obligation of the Gaming Facility and the Gaming Operation to

maintain a copy of the rules, regulations, and procedures for each

game as played, including, but not limited to, the method of play and

the odds and method of determining amounts paid to winners.

(l)

Specifications and standards to ensure that information regarding the

method of play, odds, and payoff determinations is visibly displayed

or available to patrons in written form in the Gaming Facility and to

ensure that betting limits applicable to any gaming station is displayed

at that gaming station.

(m)

Maintenance of a cashier’s cage in accordance with industry standards

for such facilities.

(n)

Specification of minimum staff and supervisory requirements for each

Gaming Activity to be conducted.

(o)

Technical standards and specifications in conformity with the

requirements of this Compact for the operation of Gaming Devices

and other games authorized herein to be conducted by the Tribe.

Sec. 9.1.1. Minimum Internal Control Standards (MICS).

(a)

The Tribe shall conduct its Gaming Activities pursuant to an internal

control system that implements minimum internal control standards

for Class III Gaming that are no less stringent than those contained in

the Minimum Internal Control Standards of the NIGC (25 C.F.R. §

542), as they existed on October 19, 2006, and as they may thereafter

58

be amended, without regard to the NIGC’s authority to promulgate,

enforce, or audit the standards. This requirement is met through

compliance with the provisions set forth in this section and in section

9.1 or in the alternative by compliance with the state-wide uniform

regulation CGCC-8, as it exists currently and as it may hereafter be

amended.

(b)

Before commencement of Gaming Operations, the Tribal Gaming

Agency shall, in accordance with the Gaming Ordinance, establish

written internal control standards for the Gaming Facility that shall:

(i) provide a level of control that equals or exceeds the minimum

internal control standards set forth in Appendix C to this Compact, as

it exists currently and as it may be revised; (ii) contain standards for

currency transaction reporting that comply with title 31 Code of

Federal Regulations part 103, as it exists currently and as it may

hereafter be amended; (iii) satisfy the requirements of section 9.1; (iv)

be consistent with this Compact; and (v) require the Gaming

Operation to comply with the internal control standards.

(c)

The Gaming Operation shall operate the Gaming Facility pursuant to a

written internal control system. The internal control system shall

comply with and implement the internal control standards established

by the Tribal Gaming Agency pursuant to subdivision (b) of this

section 9.1.1. The internal control system, and any proposed changes

to the system, must be approved by the Tribal Gaming Agency prior

to implementation. The internal control system shall be designed to

reasonably assure that: (i) assets are safeguarded and accountability

over assets is maintained; (ii) liabilities are properly recorded and

contingent liabilities are properly disclosed; (iii) financial records

including records relating to revenues, expenses, assets, liabilities, and

equity/fund balances are accurate and reliable; (iv) transactions are

performed in accordance with the Tribal Gaming Agency’s general or

specific authorization; (v) access to assets is permitted only in

accordance with the Tribal Gaming Agency’s approved procedures;

(vi) recorded accountability for assets is compared with actual assets

at frequent intervals and appropriate action is taken with respect to

any discrepancies; and (vii) functions, duties and responsibilities are

appropriately segregated and performed in accordance with sound

practices by qualified personnel.

59

(d)

The Tribal Gaming Agency shall provide a copy of its written internal

control standards to comply with the minimum internal controls set

forth in Appendix C, and any changes to those control standards, to

the State Gaming Agency within thirty (30) days of approval by the

Tribal Gaming Agency. The State Gaming Agency will review and

submit to the Tribal Gaming Agency written comments or

recommended changes, if any, to the internal control standards and

any changes to the standards, within thirty (30) days of receiving

them, or by another date agreed upon by the Tribal Gaming Agency

and the State Gaming Agency. The State Gaming Agency’s review

shall be for the purpose of determining whether the internal control

standards and any changes to the standards provide a level of control

which equals or exceeds the level of control required by the minimum

internal control standards set forth in Appendix C, as it exists

currently and as it may be revised, and are consistent with this

Compact; provided, however, that this review of minimum internal

controls shall not apply to implementing internal controls approved by

the Tribal Gaming Agency that are not related to the minimum control

standards set forth in Appendix C.

(e)

The minimum internal control standards set forth in Appendix C to

this Compact shall apply to all Gaming Activities, Gaming Facilities

and the Gaming Operation; however, Appendix C is not applicable to

any activities not expressly permitted in this Compact. Should the

terms in Appendix C be inconsistent with any terms addressed by this

Compact, the terms in this Compact shall prevail.

(f)

The Tribal Gaming Agency shall provide the State Gaming Agency

with a copy of the “Agreed-Upon Procedures” report prepared

annually pursuant to part 542.3, subdivision (f) in Appendix C, as may

be amended from time to time, within thirty (30) days after the Tribal

Gaming Agency’s receipt of the report. The “Agreed-Upon

Procedures” report shall be prepared by an independent auditor, who

for the purposes of this section, shall be a certified public accountant

licensed in the state of California to practice as an independent

certified public accountant or who holds a California practice

privilege, as provided in the California Accountancy Act, California

Business and Professions Code, section 5000 et seq., who is not

employed by the Tribe, the Tribal Gaming Agency, the Management

Contractor, or the Gaming Operation, has no financial interest in any

60

of these entities, and is only otherwise retained by any of these entities

to conduct regulatory audits, independent audits of the Gaming

Operation, or audits under this section.

Sec. 9.2. Program to Mitigate Problem Gambling.

The Gaming Operation shall establish a program, approved by the Tribal

Gaming Agency, to mitigate pathological and problem gambling by implementing

the following measures:

(a)

It shall train Gaming Facility supervisors and gaming floor employees

on responsible gaming and to identify and manage problem gambling.

(b)

It shall make available to patrons at conspicuous locations and ATMs

in the Gaming Facility educational and informational materials which

aim at the prevention of problem gambling and that specify where to

find assistance.

(c)

It shall establish self-exclusion programs whereby a self-identified

problem gambler may request the halt of promotional mailings, the

revocation of privileges for casino services, the denial or restraint on

the issuance of credit and check cashing services, and exclusion from

the Gaming Facility.

(d)

It shall establish an involuntary exclusion program that allows, but

does not require, the Gaming Operation to halt promotional mailings,

deny or restrain the issuance of credit and cash checking services, and

deny access to the Gaming Facility to patrons who have exhibited

signs of problem gambling.

(e)

It shall display at conspicuous locations and at ATMs within the

Gaming Facility signage bearing a toll-free help-line number where

patrons may obtain assistance for gambling problems.

(f)

It shall make diligent efforts to prevent underage individuals from

loitering in the area of the Gaming Facility where the Gaming

Activities take place.

(g)

It shall assure that advertising and marketing of the Gaming Activities

at the Gaming Facility contain a responsible gambling message and a

61

toll-free help-line number for problem gamblers, where practical, and

that it make no false or misleading claims.

(h)

It shall adopt a code of conduct, derived, inter alia, from that of the

American Gaming Association, that addresses responsible gambling

and responsible advertising.

Nothing herein is intended to grant any third party the right to sue based on a

perceived violation of these standards.

Sec. 9.3. Enforcement of Regulations.

The Tribal Gaming Agency shall ensure the enforcement of the rules,

regulations, and specifications promulgated under this Compact, including under

section 9.1.

Sec. 9.4. State Civil and Criminal Jurisdiction.

Nothing in this Compact impairs the civil or criminal jurisdiction of the

State, local law enforcement agencies and state courts under Public Law 280 (18

U.S.C. § 1162; 28 U.S.C. § 1360) or IGRA. Except as provided below, all State

and local law enforcement agencies and state courts shall exercise jurisdiction to

enforce the State’s criminal laws on the Tribe’s Indian lands, including the Gaming

Facility and all related structures, in the same manner and to the same extent, and

subject to the same restraints and limitations, imposed by the laws of the State and

the United States, as is exercised by State and local law enforcement agencies and

state courts elsewhere in the State. The Tribe hereby consents to such criminal

jurisdiction. However, no Gaming Activity conducted by the Tribe pursuant to this

Compact may be deemed to be a civil or criminal violation of any law of the State.

Except for such Gaming Activity conducted pursuant to this Compact, criminal

jurisdiction to enforce State gambling laws on the Tribe’s Indian lands, and to

adjudicate alleged violations thereof, is hereby transferred to the State pursuant to

18 U.S.C. § 1166(d).

Sec. 9.5. Tribal Gaming Agency Members.

(a)

The Tribe shall take all reasonable steps to ensure that members of the

Tribal Gaming Agency are free from corruption, undue influence,

compromise, and conflicting interests in the conduct of their duties

under this Compact; shall adopt a conflict-of-interest code to that end

62

and shall ensure its enforcement; and shall ensure the prompt removal

of any member of the Tribal Gaming Agency who is found to have

acted in a corrupt or compromised manner or to have a conflict of

interest.

(b)

The Tribe shall conduct a background investigation on each

prospective member of the Tribal Gaming Agency, who shall meet the

background requirements of a management contractor under IGRA;

provided that if such member is elected through a tribal election

process, that member may not participate in any Tribal Gaming

Agency matters under this Compact unless a background investigation

has been concluded and the member has been found to be suitable. If

requested by the Tribe or the Tribal Gaming Agency, the State

Gaming Agency may assist in the conduct of such a background

investigation and may assist in the investigation of any possible

corruption or compromise of a member of the Tribal Gaming Agency.

(c)

In the event that the Tribe requests the assistance of the State Gaming

Agency pursuant to subdivision (b) of this section and the State

Gaming Agency determines that a member of the Tribal Gaming

Agency is unsuitable, the State Gaming Agency shall serve upon the

Tribe a written notice of its finding of unsuitability and request the

removal of the member. Upon receipt of notice that the State Gaming

Agency has determined the member to be unsuitable, the Tribe shall

either immediately remove that member from the Tribal Gaming

Agency or demand an expedited arbitration pursuant to section 13.2.

(d)

If the Tribe demands an expedited arbitration of the State Gaming

Agency’s determination of unsuitability, the arbitrator shall make a de

novo determination as to whether the State Gaming Agency’s

determination of unsuitability is justified using the following bases for

such determination.

(1)

To be found suitable, the member must be 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 of the State, or to the effective

63

regulation and control of controlled gambling, or create

or enhance the dangers of unsuitable, unfair, or illegal

practices, methods, and activities in the conduct of

controlled gambling or in the carrying on of the business

and financial arrangements incidental thereto.

(C)

(2)

A person that is in all other respects qualified to be

licensed as provided in section 6.4.7 of this Compact.

A member is deemed unsuitable if any of the following apply:

(A)

The person, any partner, or any officer, director, or

shareholder of any corporation in which the person has a

controlling interest, has any financial interest in any

business or organization that is engaged in any form of

gambling prohibited by section 330 of the California

Penal Code, whether within or without the State of

California, unless such gambling is lawful within the

jurisdiction in which it is being conducted.

(B)

The person fails to clearly establish eligibility and

qualification in accordance with section 6.4.7 of this

Compact.

(C)

The person fails to provide information, documentation,

and assurances required by sections 6.4.7, 6.4.8,

subdivision (c), or 6.5.6 of this Compact or requested by

the Tribal Gaming Agency, or fails to reveal any fact

material to qualification, or supplies information that is

untrue or misleading as to a material fact pertaining to

the qualification criteria.

(D)

The person has been convicted of a felony in any state or

federal court, including a conviction by a federal court or

by a court in another state for a crime that would

constitute a felony if committed in California.

(E)

The person has been convicted of any misdemeanor

involving dishonesty or moral turpitude within the ten

(10)-year period immediately preceding the beginning of

64

his or her service on the Tribal Gaming Agency, unless

the applicant has been granted relief pursuant to section

1203.4, 1203.4a, or 1203.45 of the California Penal

Code; provided, however, that the granting of relief

pursuant to section 1203.4, 1203.4a, or 1203.45 of the

California Penal Code shall not constitute a limitation on

the discretion of the arbitrator to determine the person’s

compliance with the requirements of sections 6.4.7 and

9.5, subdivision (d)(1), of this Compact.

(F)

The person has been associated with criminal profiteering

activity or organized crime, as defined by section 186.2

of the California Penal Code.

(G)

The person has exhibited contumacious defiance of any

legislative investigatory body, or other official

investigatory body of any state or of the United States,

when that body is engaged in the investigation of crimes

relating to gambling, official corruption related to

gambling activities, or criminal profiteering activity or

organized crime, as defined by section 186.2 of the

California Penal Code.

(H)

The person is less than twenty-one (21) years of age.

In all cases, in coming to a decision, the arbitrator must give due

consideration for the proper protection of the health, safety and welfare of the

residents of the State, and must take into account whether membership on the

Tribal Gaming Agency would undermine public trust that the Gaming Operation is

free from criminal and dishonest elements and would be conducted honestly.

Sec. 9.6. Uniform Tribal Gaming Regulations.

(a)

Uniform Tribal Gaming Regulations CGCC-1, CGCC-2, CGCC-7,

and CGCC-8 (as in effect on the date the parties execute this

Compact), adopted by the State Gaming Agency and approved by the

Association, shall apply to the Gaming Operation until amended or

repealed, without further action by the State Gaming Agency, the

Tribe, the Tribal Gaming Agency or the Association.

65

(b)

Any subsequent Uniform Tribal Gaming Regulations adopted by the

State Gaming Agency and approved by the Association shall apply to

the Gaming Operation until amended or repealed.

(c)

No State Gaming Agency regulation adopted pursuant to this section

9.6 shall be effective with respect to the Tribe’s Gaming Operation

unless it has first been approved by the Association and the Tribe has

had an opportunity to review and comment on the proposed

regulation.

(d)

Every State Gaming Agency regulation adopted pursuant to this

section 9.6 that is intended to apply to the Tribe (other than a

regulation proposed or previously approved by the Association) shall

be submitted to the Association for consideration prior to submission

of the regulation to the Tribe for comment as provided in subdivision

(c). A regulation adopted pursuant to this section 9.6 that is

disapproved by the Association shall not be submitted to the Tribe for

comment unless it is re-adopted by the State Gaming Agency as a

proposed regulation, in its original or amended form, with a detailed,

written response to the Association’s objections.

(e)

Except as provided in subdivision (d), no regulation of the State

Gaming Agency adopted pursuant to this section 9.6 shall be adopted

as a final regulation with respect to the Tribe’s Gaming Operation

before the expiration of 30 (thirty) days after submission of the

proposed regulation to the Tribe for comment as a proposed

regulation, and after consideration of the Tribe’s comments, if any.

(f)

In exigent circumstances (e.g., imminent threat to public health and

safety), the State Gaming Agency may adopt a regulation that

becomes effective immediately. Any such regulation shall be

accompanied by a detailed, written description of the exigent

circumstances, and shall be submitted immediately to the Association

for consideration. If the regulation is disapproved by the Association,

it shall cease to be effective, but may be re-adopted by the State

Gaming Agency as a proposed regulation, in its original or amended

form, with a detailed, written response to the Association’s objections,

and thereafter submitted to the Tribe for comment as provided in

subdivision (e).

66

(g)

The Tribe may object to a State Gaming Agency regulation adopted

pursuant to this section 9.6 on the ground that it is unnecessary,

unduly burdensome, or unfairly discriminatory, and may seek repeal

or amendment of the regulation through the dispute resolution process

of section 13.0.

SECTION 10.0. PATRON DISPUTES.

The Tribal Gaming Agency shall promulgate regulations governing patron

disputes over the play or operation of any game, including any refusal to pay to a

patron any alleged winnings from any Gaming Activities, which regulations must

meet the following minimum standards:

(a)

A patron who makes an oral or written complaint to personnel of the

Gaming Operation over the play or operation of any game within

three (3) days of the play or operation at issue shall be notified in

writing of the patron’s right to request in writing, within fifteen (15)

days of the Gaming Operation’s written notification to the patron of

that right, resolution of the dispute by the Tribal Gaming Agency, and

if dissatisfied with the resolution, to seek resolution in either the

Sycuan Tribal Court or before a tribal claims commission pursuant to

the terms and provisions in subdivision (c). If the patron is not

provided with the aforesaid notification within thirty (30) days of the

patron’s complaint, the deadlines herein shall be removed, leaving

only the relevant statutes of limitations under California law that

would otherwise apply.

(b)

Upon receipt of the patron’s written request for a resolution of the

patron’s complaint pursuant to subdivision (a), the Tribal Gaming

Agency shall conduct an appropriate investigation, shall provide to the

patron a copy of its regulations concerning patron complaints, and

shall render a decision in accordance with industry practice. The

decision shall be issued within sixty (60) days of the patron’s request,

shall be in writing, shall be based on the facts surrounding the dispute,

and shall set forth the reasons for the decision.

(c)

If the patron is dissatisfied with the decision of the Tribal Gaming

Agency issued pursuant to subdivision (b), or no decision is issued

within the sixty (60)-day period, the patron may request that the

dispute be settled either in the Sycuan Tribal Court or by a three (3)67

member tribal claims commission consisting of a representative of the

tribal government and at least one non-tribal commissioner. No

member of the commission may be employed by the Gaming Facility

or Gaming Operation. Resolution of the dispute before the Sycuan

Tribal Court or the tribal claims commission shall be at no cost to the

claimant (excluding claimant’s attorney’s fees).

(d)

The Tribe shall consent to the Sycuan Tribal Court or tribal claims

commission adjudication, as provided in subdivision (e), and

discovery in the Sycuan Tribal Court or claims commission

proceedings shall be governed by the Intertribal Court of Southern

California Code of Civil Procedure, article IV. Any award shall be

limited to the amount in controversy and neither the Sycuan Tribal

Court nor the tribal claims commission shall have the authority to

award attorney’s fees. Any party dissatisfied with the award of the

Sycuan Tribal Court or the tribal claims commission may, at the

party’s election, appeal the award to the Intertribal Court of Southern

California Court of Appeals, provided that the party making the

election must bear all costs and expenses associated with the appeal

regardless of the outcome. The Intertribal Court of Southern

California Court of Appeals shall review all determinations of the

Sycuan Tribal Court and the tribal claims commission on matters of

law, but shall not set aside any factual determinations of the trial court

if such determinations are supported by substantial evidence. Any

award shall be limited to the amount in controversy and the Intertribal

Court of Southern California Court of Appeals shall have no authority

to award any attorneys’ fees, costs or lower court fees.

(e)

To effectuate its consent to Sycuan Tribal Court or tribal claims

commission, and appeals provided in this section 10.0, the Tribe shall,

in the exercise of its sovereignty, expressly waive, and also waive its

right to assert, sovereign immunity in connection with the jurisdiction

of the Sycuan Tribal Court, the tribal claims commission or Intertribal

Court of Southern California and in any suit in state or federal court to

enforce or execute a judgment based upon the award of the tribal

court, claims commission, or appellate court.

68

SECTION 11.0. OFF-RESERVATION ENVIRONMENTAL AND

ECONOMIC IMPACTS.

Sec. 11.1. Tribal Environmental Impact Report.

(a)

Currently, certain lands within the Tribe’s reservation are subject to a

January 9, 2012, intergovernmental agreement between the Tribe and

the County. This intergovernmental agreement, which provides for

binding arbitration, requires the Tribe’s identification and mitigation

of off-reservation impacts arising out of new land use on those lands.

The Tribe intends that this intergovernmental agreement be applicable

to any Project, as defined in this Compact, within the Tribe’s

reservation and will seek to amend the intergovernmental agreement’s

terms with the County. Upon the amendment of the January 9, 2012

intergovernmental agreement all Projects commenced under this

Compact shall be subject to the amended January 9, 2012

intergovernmental agreement and not this section 11.0.

(b)

In the event the Tribe has not amended its January 9, 2012

intergovernmental agreement with the County as provided in

subdivision (a), before the commencement of any Project as defined

in section 2.22, the Tribe shall cause to be prepared a comprehensive

and adequate tribal environmental impact report (TEIR) analyzing the

potentially significant off-reservation environmental impacts of the

Project pursuant to the process set forth in this section 11.0, starting

with this subdivision (b); provided, however, that information or data

that is relevant to the TEIR and is a matter of public record or is

generally available to the public need not be repeated in its entirety in

the TEIR, but may be specifically cited as the source for conclusions

stated therein; and provided further that such information or data shall

be briefly described, that its relationship to the TEIR shall be

indicated, and that the source thereof shall be reasonably available for

inspection at a public place or public building. The TEIR shall

provide detailed information about the Significant Effect(s) on the

Environment which the Project is likely to have, including each of the

matters set forth in Appendix B, shall list ways in which the

Significant Effects on the Environment might be minimized, and shall

include a detailed statement setting forth all of the following:

69

(c)

(1)

A description of the physical environmental conditions in the

vicinity of the Project (the environmental setting and existing

baseline conditions), as they exist at the time the notice of

preparation is issued;

(2)

All Significant Effects on the Environment of the proposed

Project;

(3)

In a separate section:

(A)

Any Significant Effect on the Environment that cannot be

avoided if the Project is implemented;

(B)

Any Significant Effect on the Environment that would be

irreversible if the Project is implemented;

(4)

Mitigation measures proposed to minimize Significant Effects

on the Environment, including, but not limited to, measures to

reduce the wasteful, inefficient, and unnecessary consumption

of energy;

(5)

Alternatives to the Project; provided that the Tribe need not

address alternatives that would cause it to forgo its right to

engage in the Gaming Activities authorized by this Compact on

its Indian lands;

(6)

Whether any proposed mitigation would be feasible;

(7)

Any direct growth-inducing impacts of the Project; and

(8)

Whether the proposed mitigation would be effective to

substantially reduce the potential Significant Effects on the

Environment.

In addition to the information required pursuant to subdivision (b), the

TEIR shall also contain a statement indicating the reasons for

determining that various effects of the Project on the off-reservation

environment are not significant and consequently have not been

discussed in detail in the TEIR. In the TEIR, the direct and indirect

Significant Effects on the Environment, including each of the items in

70

Appendix B, shall be clearly identified and described, giving due

consideration to both the short-term and long-term effects. The

discussion of mitigation measures shall describe feasible measures

which could minimize significant adverse effects, and shall

distinguish between the measures that are proposed by the Tribe and

other measures proposed by others. Where several measures are

available to mitigate an effect, each should be discussed and the basis

for selecting a particular measure should be identified. Formulation

of mitigation measures should not be deferred until some future time.

The TEIR shall also describe a range of reasonable alternatives to the

Project or to the location of the Project, which would feasibly attain

most of the basic objectives of the Project and which would avoid or

substantially lessen any of the Significant Effects on the Environment,

and evaluate the comparative merits of the alternatives; provided that

the Tribe need not address alternatives that would cause it to forgo its

right to engage in the Gaming Activities authorized by this Compact

on its Indian lands. The TEIR must include sufficient information

about each alternative to allow meaningful evaluation, analysis, and

comparison. The TEIR shall also contain an index or table of contents

and a summary, which shall identify each Significant Effect on the

Environment with proposed measures and alternatives that would

reduce or avoid that effect, and issues to be resolved, including the

choice among alternatives and whether and how to mitigate the

Significant Effects on the Environment. Previously approved land use

documents, including, but not limited to, general plans, specific plans,

and local coastal plans, may be used in a cumulative impact analysis.

The Tribe shall consider any recommendations from the County

concerning the person or entity to prepare the TEIR.

(d)

With regard to the Tribe’s obligation to address a Project’s potentially

significant off-reservation environmental impacts, the Tribe’s Projects

that have been initiated under the terms of the 1999 Compact shall be

subject to the relevant terms and conditions of the 1999 Compact then

in effect. Notwithstanding the foregoing, changes to existing

Facilities or ongoing Projects made after the effective date of this

Compact, to the extent the environmental impacts were not considered

as part of the Project under the Tribe’s 1999 Compact, and Projects

not initiated under the Tribe’s 1999 Compact before the effective date

of this Compact, will be subject to the terms and conditions specified

herein.

71

Sec. 11.2. Notice of Preparation of Draft TEIR.

(a)

(b)

Upon commencing the preparation of the draft TEIR, the Tribe shall

issue a Notice of Preparation to the State Clearinghouse in the State

Office of Planning and Research (State Clearinghouse) and to the

County for distribution to the public. The Tribe shall also post the

Notice of Preparation on its website. The Notice of Preparation shall

provide all Interested Persons, as defined in section 2.19, with

information describing the Project and its potential Significant Effects

on the Environment sufficient to enable Interested Persons to make a

meaningful response or comment. At a minimum, the Notice of

Preparation shall include all of the following information:

(1)

A description of the Project;

(2)

The location of the Project shown on a detailed map, preferably

topographical, and on a regional map; and

(3)

The probable off-reservation environmental effects of the

Project.

The Notice of Preparation shall also inform Interested Persons of the

preparation of the draft TEIR and shall inform them of the opportunity

to provide comments to the Tribe within thirty (30) days of the date of

the receipt of the Notice of Preparation by the State Clearinghouse

and the County. The Notice of Preparation shall also request

Interested Persons to identify in their comments the off-reservation

environmental issues and reasonable mitigation measures that the

Tribe will need to have explored in the draft TEIR.

Sec. 11.3. Notice of Completion of Draft TEIR.

(a)

Within no less than thirty (30) days following the receipt of the Notice

of Preparation by the State Clearinghouse and the County, the Tribe

shall file a copy of the draft TEIR and a Notice of Completion with

the State Clearinghouse, the

This text is long and has been trimmed here. Open the source document for the complete record.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

TRIBAL-STATE COMPACT | Frix