Common use of Gaming Employees Clause in Contracts

Gaming Employees. (a) Every Gaming Employee shall obtain, and thereafter maintain current, a valid tribal gaming license, which 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. (b) Except as provided in subdivisions (c) and (d), the Tribe will 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 has expired without renewal. (c) Notwithstanding subdivision (a), the Tribe may retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if: (i) the person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; (ii) the denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability; (iii) the person is not an employee or agent of any other gaming operation; and (iv) the person has been in the continuous employ of the Tribe for at least three years prior to the effective date of this Compact. (d) Notwithstanding subdivision (a), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if the person is an enrolled member of the Tribe, as defined in this subdivision, and if (i) the person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; (ii) the denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability; and (iii) the person is not an employee or agent of any other gaming operation. For purposes of this subdivision, "enrolled member" means a person who is either (a) certified by the Tribe as having been a member of the Tribe for at least five (5) years, or (b) a holder of confirmation of membership issued by the Bureau of Indian Affairs. (e) Nothing herein shall be construed to relieve any person of the obligation to apply for a renewal of a determination of suitability as required by Section 6.5.6.

Gaming Employees. (a) Every Gaming Employee shall obtain, and thereafter maintain current, a valid tribal gaming license, which shall be subject to biennial renewal; provided that in accordance with Section section 6.4.9, those persons may be employed on a temporary or conditional basis pending completion of the licensing process and where applicable the State Gaming Agency suitability process. (b) Except as provided in subdivisions (cd) and (d)e) of this section, the Tribe will not employ or continue to employ, any person whose application to the State Gaming Agency for a determination of suitability, suitability or for a renewal of such a determination, determination has been denied denied, or whose determination of suitability has expired without renewal. (c) 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 that determination and the reasons supporting its determination. The Tribal Gaming Agency shall thereafter conduct a hearing, in accordance with tribal law, to reconsider issuance of the tribal gaming license and shall notify the State Gaming Agency of its determination 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) Notwithstanding subdivision subdivisions (ab) and (c), the Tribe may retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if: : (i1) the person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; ; (ii2) the denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability; ; (iii3) the person is not an employee or agent of any other gaming operation; and and (iv4) the person has been in the continuous employ of the Tribe for at least three (3) years prior to the effective date of this the 1999 Compact. (d1) Notwithstanding subdivision subdivisions (ab) and (c), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if the person is an enrolled member of the Tribe, as defined in this subdivisionsubdivision (e)(2), and if (iA) the person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; (iiB) the denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability; and (iii) the person is not an employee or agent of any other gaming operation. For purposes of this subdivision, "enrolled member" means a person who is either (a) certified by the Tribe as having been a member of the Tribe for at least five (5) years, or (b) a holder of confirmation of membership issued by the Bureau of Indian Affairs. (e) Nothing herein shall be construed to relieve any person of the obligation to apply for a renewal of a determination of suitability as required by Section 6.5.6.and

Gaming Employees. (a) Every Gaming Employee shall obtain, and thereafter maintain current, a valid tribal gaming license, which 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.process.‌‌ (b) Except as provided in subdivisions (c) and (d), the Tribe will not employ or continue to employ, any person whose application to the State -State Gaming Agency for a determination of suitability, or for a renewal of such a determination, has been denied or has expired without renewal.renewal.‌ (c) Notwithstanding subdivision (a), the Tribe may retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if: (i) the person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; (ii) the denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s 's initial application to the State Gaming Agency for a determination of suitability; (iii) ). the person is not an employee or agent of any other gaming operation; and (iv) the person has been in the continuous employ of the Tribe for at least three years prior to the effective date of this Compact.ofthis Compact.‌ (d) Notwithstanding subdivision (a), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if the person is an enrolled member of the Tribe, as defined in this subdivision, and if if‌ (i) the person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; (ii) the denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s 's initial application to the State Gaming Agency for a determination detennination of suitability; and (iii) the person is not an employee or agent of any other gaming operation. For purposes of this subdivision, "enrolled member" means a person who is either (a) certified by the Tribe as having been a member of the Tribe for at least five (5) years, or (b) a holder of confirmation of membership issued by the Bureau of Indian Affairs. (e) Nothing herein shall be construed to relieve any person of the obligation to apply for a renewal of a determination of suitability as required by Section 6.5.6.6.5 .6.‌‌‌

Gaming Employees. (a) Every Gaming Employee shall obtain, and thereafter maintain current, a valid tribal gaming license, which 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. (b) Except as provided in subdivisions (c) and (d), the Santa Xxxxxx Tribe will 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 has expired without renewal. (c) Notwithstanding subdivision (a), the Santa Xxxxxx Tribe may retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if: (i) the person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; (ii) the denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability; (iii) the person is not an employee or agent of any other gaming operation; and (iv) the person has been in the continuous employ of the Santa Xxxxxx Tribe for at least three years prior to the effective date of this Compact. (d1) Notwithstanding subdivision (a), the Santa Xxxxxx Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if the person is an enrolled member of the Santa Xxxxxx Tribe, as defined in this subdivision, and if (iA) the person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; (iiB) the denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability; and (iiiC) the person is not an employee or agent of any other gaming operation. . (2) For purposes of this subdivision, "“enrolled member" ” means a person who is either (a) certified recognized by the Santa Xxxxxx Tribe as having been being a member of the Tribe for at least five (5) years, or (b) a holder of confirmation of membership issued by the Bureau of Indian Affairspursuant to its governing documents. (e) Nothing herein shall be construed to relieve any person of the obligation to apply for a renewal of a determination of suitability as required by Section 6.5.6.

Gaming Employees. (a) Every Gaming Employee shall obtain, and thereafter maintain current, a valid tribal gaming license, which 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. (b) Except as provided in subdivisions (c) and (d), the Xxxxxx-Xxxxxxxx Tribe will 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 has expired without renewal. (c) Notwithstanding subdivision (a), the Xxxxxx-Xxxxxxxx Tribe may retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if: : (i) the person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; (ii) the denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability; (iii) the person is not an employee or agent of any other gaming operation; and (iv) the person has been in the continuous employ of the Xxxxxx-Xxxxxxxx Tribe for at least three years prior to the effective date of this Compact. (d1) Notwithstanding subdivision (a), the Xxxxxx-Xxxxxxxx Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if the person is an enrolled member of the Xxxxxx-Xxxxxxxx Tribe, as defined in this subdivision, and if (iA) the person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; (iiB) the denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability; and (iiiC) the person is not an employee or agent of any other gaming operation. . (2) For purposes of this subdivision, "“enrolled member" ” means a person who is either (a) certified recognized by the Xxxxxx-Xxxxxxxx Tribe as having been being a member pursuant to Article IV of the Tribe for at least five (5) years, or (b) a holder of confirmation of membership issued by the Bureau of Indian Affairsits Tribal Constitution. (e) Nothing herein shall be construed to relieve any person of the obligation to apply for a renewal of a determination of suitability as required by Section 6.5.6.