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.

Appears in 2 contracts

Samples: Tribal State Gaming Compact, Tribal State Gaming Compact

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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.

Appears in 1 contract

Samples: Tribal State Gaming Compact

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.‌‌‌

Appears in 1 contract

Samples: Tribal State Compact

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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.

Appears in 1 contract

Samples: Tribal State Gaming Compact

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