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 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 Title III of the Americans with Disabilities Act, P.L. 101-336, as amended. 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. The “building official” and “code enforcement agency” designated by the Tribe’s law may exercise authority granted to such individuals and entities as specified within the Applicable Codes with regard to the Gaming Facility.
Appears in 2 contracts
Samples: Tribal State Compact, Tribal State Compact
Gaming Facility. (a) The Gaming Facility authorized by this Gaming Compact shall be licensed by the Tribal Gaming Agency in conformity with the requirements of this Gaming Compact, the Tribal Gaming Ordinance, and IGRA, and any applicable regulations adopted by the NIGC. The license shall be reviewed and renewed renewed, if appropriate, 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 renewalevery two years. The Tribal Gaming Agency’s 's certification to that the Gaming Facility is being operated in conformity with these requirements effect shall be posted in a conspicuous and public place in the Gaming Facility at all times.
(b) To assure the protection of In order to protect the health and safety of all Gaming Facility patrons, guests, and employees, all Gaming Facilities of the Tribe shall adopt, or has already adoptedconstructed after the effective date of this Gaming Compact, and shall maintain throughout all expansions or modifications to a Gaming Facility in operation as of the term effective date of this Compact, an ordinance shall meet the building and safety codes of the Tribe, which, as a condition for engaging in that requires any Gaming Facility construction to meet or exceed the Applicable Codes. The Gaming Facility and construction, expansion, improvement, modification, or renovation renovation, shall amend its existing building and safety codes if necessary, or enact such codes if there are none, so that they meet the standards of either the building and safety codes of any county within the boundaries of which the site of the Facility is located, or the Uniform Building Codes, including all uniform fire, plumbing, electrical, mechanical, and related codes then in effect provided that nothing herein shall be deemed to confer jurisdiction upon any county or the State with respect to any reference to such building and safety codes. Any such construction, expansion or modification will also comply with Title III of the federal Americans with Disabilities Act, P.L. 101-336, as amended, 42 U.S.C. ss. Notwithstanding the foregoing, the Tribe need not comply with any standard that specifically applies 12101 et seq.
(c) Any Gaming Facility in name or in fact only to tribal facilities. Without limiting the rights which gaming authorized by this Gaming Compact is conducted shall be issued a certificate 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 occupancy by the Tribal Gaming Agency prior to occupancy if it was not used for any Gaming Activities under IGRA prior to the effective date of this Gaming Compact, or, if it was so used, within one year thereafter. The issuance of this certificate shall be reviewed for continuing compliance every two years thereafter. Inspections by qualified building and safety experts shall be conducted under the direction of the Tribal Gaming Agency as the basis for issuing any certificate hereunder. The Tribal Gaming Agency shall determine and certify that, as to new construction or such other tribal government agency new use for gaming, the Facility meets the Tribe's building and safety code, or, as to facilities or official as may portions of facilities that were used for the Tribe's Gaming Activities prior to this Gaming Compact, that the facility or portions thereof do not endanger the health or safety of occupants or the integrity of the Gaming Operation. The Tribe will not offer Class III gaming in a Facility that is constructed or maintained in a manner that endangers the health or safety of occupants or the integrity of the gaming operation.
(d) The State shall designate an agent or agents to be designated given reasonable notice of each inspection by the Tribe’s lawTribal Gaming Agency's experts, which state agents may accompany any such inspection. The “building official” Tribe agrees to correct any Gaming Facility condition noted in an inspection that does not meet the standards set forth in subdivisions (b) and “code enforcement agency” (c). The Tribal Gaming Agency and the State's designated agent or agents shall exchange any reports of an inspection within 10 days after completion of the report, which reports shall also be separately and simultaneously forwarded by both agencies to the Tribal Chairperson. Upon certification by the Tribe’s law may exercise authority granted to such individuals and entities as specified within Tribal Gaming Agency's experts that a Gaming Facility meets applicable standards, the Applicable Codes with regard Tribal Gaming Agency shall forward the experts' certification to the Gaming FacilityState within 10 days of issuance. If the State's agent objects to that certification, the Tribe shall make a good faith effort to address the State's concerns, but if the State does not withdraw its objection, the matter will be resolved in accordance with the dispute resolution provisions of Section 9.0.
Appears in 2 contracts
Samples: Tribal State Compact (River Rock Entertainment Authority), Tribal State Gaming Compact (Chukchansi Economic Development Authority)
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 Tribal Gaming Ordinance, and IGRA, and including any applicable regulations adopted by the NIGCthereto. 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 Gaming Agency every two (2) years 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 Any Gaming Facility in which gaming authorized by this Compact is conducted shall be issued a certificate of occupancy by the Tribal Gaming Agency prior to occupancy. The issuance of this certificate shall be reviewed for continuing compliance every two (2) years thereafter. Inspections by qualified building and safety experts shall be conducted under the direction of the Tribal Gaming Agency as the basis for issuing any certificate hereunder. The Tribal Gaming Agency shall determine and certify that, as to new construction or new use for gaming, the Gaming Facility meets the Applicable Codes, as defined in subdivision (d), or, as to Facilities or portions of Facilities that were used for the Tribe’s Gaming Activities prior to this Compact, that the Gaming Facility meets the requirements of the Tribe’s 2004 Amendment.
(c) Section 6.4.2, subdivision (b), of the 1999 Compact shall apply to any Gaming Facility constructed prior to the effective date of the 2004 Amendment, and subdivisions (d) through (j) of this section shall apply to the construction of any Gaming Facility after the effective date of the 2004 Amendment, and to any construction, expansion, improvement, modification, or renovation to, any existing Gaming Facility occurring after the effective date of the 2004 Amendment (Covered Gaming Facility Construction). Any such 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.
(d) In order to assure the protection of the health and safety of all Gaming Facility patrons, guests, and employees, the Tribe shall adopt, adopt or has already adopted, and shall maintain throughout the term of this Compact, an ordinance that requires any Covered Gaming Facility construction Construction to meet or exceed the California Building Code and the Public Safety Code applicable to the county in which the Gaming Facility is located 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 (the “Applicable Codes. The Gaming Facility and construction, expansion, improvement, modification, or renovation will also comply with Title III of the Americans with Disabilities Act, P.L. 101-336, as amended”). 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. The “building official” and “code enforcement agency” designated by the Tribe’s law may exercise authority granted to such individuals and entities as specified within the Applicable Codes with regard to the Gaming Facility.
Appears in 2 contracts
Samples: Tribal State Gaming Compact, Tribal State Gaming Compact
Gaming Facility. (a) The Gaming Facility authorized by this Gaming Compact shall be licensed by the Tribal Gaming Agency in conformity with the requirements of this Gaming Compact, the Tribal Gaming Ordinance, and IGRA, and any applicable regulations adopted by the NIGC. The license shall be reviewed and renewed renewed, if appropriate, 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 renewalevery two years. The Tribal Gaming Agency’s 's certification to that the Gaming Facility is being operated in conformity with these requirements effect shall be posted in a conspicuous and public place in the Gaming Facility at all times.
(b) To assure the protection of In order to protect the health and safety of all Gaming Facility patrons, guests, and employees, all Gaming Facilities of the Tribe shall adopt, or has already adoptedconstructed after the effective date of this Gaming Compact, and shall maintain throughout all expansions or modifications to a Gaming Facility in operation as of the term effective date of this Compact, an ordinance shall meet the building and safety codes of the Tribe, which, as a condition for engaging in that requires any Gaming Facility construction to meet or exceed the Applicable Codes. The Gaming Facility and construction, expansion, improvement, modification, or renovation renovation, shall amend its exis ting building and safety codes if necessary, or enact such codes if there are none, so that they meet the standards of either the building and safety codes of any county within the boundaries of which the site of the Facility is located, or the Uniform Building Codes, including all uniform fire, plumbing, electrical, mechanical, and related codes then in effect provided that nothing herein shall be deemed to confer jurisdiction upon any county or the State with respect to any reference to such building and safety codes. Any such construction, expansion or modification will also comply with Title III of the federal Americans with Disabilities Act, P.L. 101-336, as amended. Notwithstanding the foregoing, the Tribe need not comply with any standard that specifically applies 42 U.S.C. § 12101 et seq.
(c) Any Gaming Facility in name or in fact only to tribal facilities. Without limiting the rights which gaming authorized by this Gaming Compact is conducted shall be issued a certificate 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 occupancy by the Tribal Gaming Agency prior to occupancy if it was not used for any Gaming Activities under IGRA prior to the effective date of this Gaming Compact, or, if it was so used, within one year thereafter. The issuance of this certificate shall be reviewed for continuing compliance every two years thereafter. Inspections by qualified building and safety experts shall be conducted under the direction of the Tribal Gaming Agency as the basis for issuing any certificate hereunder. The Tribal Gaming Agency shall determine and certify that, as to new construction or such other tribal government agency new use for gaming, the Facility meets the Tribe's building and safety code, or, as to facilities or official as may portions of facilities that were used for the Tribe's Gaming Activities prior to this Gaming Compact, that the facility or portions thereof do not endanger the health or safety of occupants or the integrity of the Gaming Operation. The Tribe will not offer Class III gaming in a Facility that is constructed or maintained in a manner that endangers the health or safety of occupants or the integrity of the gaming operation.
(d) The State shall designate an agent or agents to be designated given reasonable notice of each inspection by the TribeTribal Gaming Agency’s lawexperts, which state agents may accompany any such inspection. The “building official” Tribe agrees to correct any Gaming Facility condition noted in an inspection that does not meet the standards set forth in subdivisions (b) and “code enforcement agency” (c). The Tribal Gaming Agency and the State’s designated agent or agents shall exchange any reports of an inspection within 10 days after completion of the report, which reports shall also be separately and simultaneously forwarded by both agencies to the Tribal Chairperson. Upon certification by the TribeTribal Gaming Agency’s law may exercise authority granted to such individuals and entities as specified within experts that a Gaming Facility meets applicable standards, the Applicable Codes with regard Tribal Gaming Agency shall forward the experts' certification to the Gaming FacilityState within 10 days of issuance. If the State’s agent objects to that certification, the Tribe shall make a good faith effort to address the State's concerns, but if the State does not withdraw its objection, the matter will be resolved in accordance with the dispute resolution provisions of Section 9.0.
Appears in 2 contracts
Samples: Tribal State Gaming Compact, Tribal State Gaming Compact
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 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, either electronically or by hard copy, and each renewal license to the State Gaming Agency within twenty thirty (2030) 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 any construction, expansion, improvement, modification, or renovation thereto will also comply with Title III of the Americans with Disabilities Act, P.L. 101-336, as amended. 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 Agency, or such other tribal government agency or official as may be designated by the Tribe’s law. The “building official” and “code enforcement agency” designated by .
(c) To assure compliance with the Tribe’s law may exercise authority granted to such individuals and entities as specified within Applicable Codes, in all cases where the Applicable Codes would otherwise require a permit, the Tribe shall require inspections and, in connection therewith, 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 this Compact, plan checkers or review firms must be either California licensed architects or engineers with regard relevant experience, or California licensed architects or engineers on the list, if any, of approved plan checkers or review firms provided by the County. 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. The plan checkers, review firms, and project inspectors shall hereinafter be referred to as “Inspector(s).” The Tribe shall require the Inspectors to maintain contemporaneous records of all inspections and report in writing any failure to comply with the Applicable Codes to the Tribe and the Tribal Gaming Agency and, if the failure is not remedied within thirty (30) days after giving notice of the failure to comply, shall give notice to the State Gaming Agency. The Tribe agrees to correct any Gaming Facility condition noted in the inspections that does not meet the Applicable Codes (hereinafter in this section “deficiency”).
(d) The Tribe shall cause the design and construction calculations, and plans and specifications that form the basis for the planned construction (the “Design and Building Plans”) to be available to the State Gaming Agency for inspection and copying 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 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 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
Appears in 2 contracts
Samples: Tribal State Compact, Tribal State Compact
Gaming Facility. (a) The Gaming Facility authorized by this Gaming Compact shall be licensed by the Tribal Gaming Agency in conformity with the requirements of this Gaming Compact, the Tribal Gaming Ordinance, and IGRA, and any applicable regulations adopted by the NIGC. The license shall be reviewed and renewed renewed, if appropriate, every two (2) years thereafter. Verification that this requirement has been met The Xxxxxx-Xxxxxxxx Tribe shall be provided by the Tribe to the State by sending provide a copy of the initial license and each renewal license to the California Gambling Control Commission or such other State Gaming Agency entity as may be designated by the Governor, within twenty (20) days after issuance of the license or and each renewal. The Tribal Gaming Agency’s certification that the Gaming Facility is being operated in conformity with these requirements active license or renewal thereof shall be posted in a conspicuous and public place in the Gaming Facility at all times.
(b) To assure the protection of In order to protect the health and safety of all Gaming Facility patrons, guests, and employees, all Gaming Facilities of the Xxxxxx-Xxxxxxxx Tribe shall adopt, or has already adoptedconstructed after the effective date of this Gaming Compact, and shall maintain throughout all expansions or modifications to a Gaming Facility in operation as of the term effective date of this Compact, an ordinance shall meet the building and safety codes of the Xxxxxx-Xxxxxxxx Tribe, which, as a condition for engaging in that requires any Gaming Facility construction to meet or exceed the Applicable Codes. The Gaming Facility and construction, expansion, improvement, modification, or renovation renovation, shall amend its existing building and safety codes if necessary, or enact such codes if there are none, so that they meet the standards of either the building and safety codes of any county within the boundaries of which the site of the Facility is located, or the Uniform Building Codes, including all uniform fire, plumbing, electrical, mechanical, and related codes then in effect provided that nothing herein shall be deemed to confer jurisdiction upon any county or the State with respect to any reference to such building and safety codes. Any such construction, expansion or modification will also comply with Title III of the federal Americans with Disabilities Act, P.L. 101-336, as amended. Notwithstanding the foregoing, the Tribe need not comply with any standard that specifically applies 42 U.S.C. § 12101 et seq.
(c) Any Gaming Facility in name or in fact only to tribal facilities. Without limiting the rights which gaming authorized by this Gaming Compact is conducted shall be issued a certificate 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 occupancy by the Tribal Gaming Agency or such other tribal government agency or official as may prior to occupancy if it was not used for any Gaming Activities under IGRA prior to the effective date of this Gaming Compact, or, if it was so used, within one year thereafter. The issuance of this certificate shall be designated reviewed by the Tribe’s lawTribal Gaming Agency for continuing compliance every two years thereafter. Inspections by qualified building and safety experts shall be conducted under the direction of the Tribal Gaming Agency as the basis for issuing any certificate hereunder. The “Tribal Gaming Agency shall determine and certify that, as to new construction or new use for gaming, the Facility meets the Xxxxxx-Xxxxxxxx Tribe's building official” and “code enforcement agency” designated safety code, or, as to facilities or portions of facilities that were used for the Xxxxxx-Xxxxxxxx Tribe's Gaming Activities prior to this Gaming Compact, that the facility or portions thereof do not endanger the health or safety of occupants or the integrity of the Gaming Operation. The Xxxxxx-Xxxxxxxx Tribe will not offer Class III gaming in a Facility that is constructed or maintained in a manner that endangers the health or safety of occupants or the integrity of the gaming operation.
(d) The State shall designate an agent or agents to be given reasonable notice of each inspection by the TribeTribal Gaming Agency’s law experts, which state agents may exercise authority granted accompany any such inspection. The Xxxxxx-Xxxxxxxx Tribe agrees to such individuals correct any Gaming Facility condition noted in an inspection that does not meet the standards set forth in subdivisions (b) and entities as specified (c). The Tribal Gaming Agency and the State’s designated agent or agents shall exchange any reports of an inspection within the Applicable Codes with regard to the Gaming Facility.ten
Appears in 1 contract
Samples: Tribal State Gaming Compact
Gaming Facility. (a) The Gaming Facility authorized by this Gaming Compact shall be licensed by the Tribal Gaming Agency in conformity with the requirements of this Gaming Compact, the Tribal Gaming Ordinance, and IGRA, and any applicable regulations adopted by the NIGC. The license shall be reviewed and renewed renewed, if appropriate, every two (2) years thereafter. Verification that this requirement has been met The Santa Xxxxxx Tribe shall be provided by the Tribe to the State by sending provide a copy of the initial license and each renewal license to the California Gambling Control Commission or such other State Gaming Agency entity as may be designated by the Governor, within twenty (20) days after issuance of the license or and each renewal. The Tribal Gaming Agency’s certification that the Gaming Facility is being operated in conformity with these requirements active license or renewal thereof shall be posted in a conspicuous and public place in the Gaming Facility at all times.
(b) To assure the protection of In order to protect the health and safety of all Gaming Facility patrons, guests, and employees, the Gaming Facility of the Santa Xxxxxx Tribe shall adopt, or has already adoptedconstructed after the effective date of this Gaming Compact, and shall maintain throughout all expansions or modifications to a Gaming Facility in operation as of the term effective date of this Compact, an ordinance shall meet the building and safety codes of the Santa Xxxxxx Tribe, which, as a condition for engaging in that requires any Gaming Facility construction to meet or exceed the Applicable Codes. The Gaming Facility and construction, expansion, improvement, modification, or renovation renovation, shall amend its existing building and safety codes if necessary, or enact such codes if there are none, so that they meet the standards of either the building and safety codes of any county within the boundaries of which the site of the Facility is located, or the Uniform Building Codes, including all uniform fire, plumbing, electrical, mechanical, and related codes then in effect provided that nothing herein shall be deemed to confer jurisdiction upon any county or the State with respect to any reference to such building and safety codes. Any such construction, expansion or modification will also comply with Title III of the federal Americans with Disabilities Act, P.L. 101-336, as amended. Notwithstanding the foregoing, the Tribe need not comply with any standard that specifically applies 42 U.S.C. § 12101 et seq.
(c) Any Gaming Facility in name or in fact only to tribal facilities. Without limiting the rights which gaming authorized by this Gaming Compact is conducted shall be issued a certificate 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 occupancy by the Tribal Gaming Agency or such other tribal government agency or official as may prior to occupancy if it was not used for any Gaming Activities under IGRA prior to the effective date of this Gaming Compact, or, if it was so used, within one year thereafter. The issuance of this certificate shall be designated reviewed by the Tribe’s lawTribal Gaming Agency for continuing compliance every two years thereafter. Inspections by qualified building and safety experts shall be conducted under the direction of the Tribal Gaming Agency as the basis for issuing any certificate hereunder. The “Tribal Gaming Agency shall determine and certify that, as to new construction or new use for gaming, the Facility meets the Santa Xxxxxx Tribe's building official” and “code enforcement agency” designated safety code, or, as to facilities or portions of facilities that were used for the Santa Xxxxxx Tribe's Gaming Activities prior to this Gaming Compact, that the facility or portions thereof do not endanger the health or safety of occupants or the integrity of the Gaming Operation. The Santa Xxxxxx Tribe will not offer Class III gaming in a Facility that is constructed or maintained in a manner that endangers the health or safety of occupants or the integrity of the gaming operation.
(d) The State shall designate an agent or agents to be given reasonable notice of each inspection by the Tribe’s law Tribal Gaming Agency's experts, which state agents may exercise authority granted accompany any such inspection. The Santa Xxxxxx Tribe agrees to such individuals correct any Gaming Facility condition noted in an inspection that does not meet the standards set forth in subdivisions (b) and entities as specified (c). The Tribal Gaming Agency and the State's designated agent or agents shall exchange any reports of an inspection within ten (10) days after completion of the Applicable Codes with regard report, which reports shall also be separately and simultaneously forwarded by both agencies to the Tribal Chairperson. Upon certification by the Tribal Gaming FacilityAgency's experts that a Gaming Facility meets applicable standards, the Tribal Gaming Agency shall forward the experts' certification to the State within ten (10) days of issuance. If the State's agent objects to that certification, the Santa Xxxxxx Tribe shall make a good faith effort to address the State's concerns, but if the State does not withdraw its objection, the matter will be resolved in accordance with the dispute resolution provisions of Section 9.0.
Appears in 1 contract
Samples: Tribal State Gaming Compact
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 Tribal Gaming Ordinance, and IGRA, and including any applicable regulations adopted by the NIGCthereto. 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 Gaming Agency every two (2) years 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 Any Gaming Facility in which gaming authorized by this Compact is conducted shall be issued a certificate of occupancy by the Tribal Gaming Agency prior to occupancy. The issuance of this certificate shall be reviewed for continuing compliance every two (2) years thereafter. Inspections by qualified building and safety experts shall be conducted under the direction of the Tribal Gaming Agency as the basis for issuing any certificate hereunder. The Tribal Gaming Agency shall determine and certify that, as to new construction or new use for gaming, the Gaming Facility meets the Applicable Codes, as defined in subdivision (d), or, as to facilities or portions of facilities that were used for the Tribe’s Gaming Activities prior to this Compact, that the Gaming Facility meets the requirements of the Tribe’s 2004 Amendment.
(c) Section 6.4.2, subdivision (b), of the 1999 Compact shall apply to any Gaming Facility constructed prior to the effective date of the 2004 Amendment, and subdivisions (d) through (j) herein shall apply to the construction of any Gaming Facility after the effective date of the 2004 Amendment, and to any construction, expansion, improvement, modification, or renovation to, any existing Gaming Facility occurring after the effective date of the 2004 Amendment (“Covered Gaming Facility Construction”). Any such 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.
(d) In order to assure the protection of the health and safety of all Gaming Facility patrons, guests, and employees, the Tribe shall adopt, adopt or has already adopted, and shall maintain throughout the term of this Compact, an ordinance that requires any Covered Gaming Facility construction Construction to meet or exceed the California Building Code and the Public Safety Code applicable to the county in which the Gaming Facility is located 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 (“the Applicable Codes. The Gaming Facility and construction, expansion, improvement, modification, or renovation will also comply with Title III of the Americans with Disabilities Act, P.L. 101-336, as amended”). 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 Title 19 and 24 of the California Code of Regulations mean the Tribal Gaming Agency or such other tribal Tribal government agency or official as may be designated by the Tribe’s law.
(e) In order to assure compliance with the Applicable Codes, in all cases where said codes would otherwise require a permit, the Tribe shall employ for any Covered Gaming Facility Construction appropriate plan checkers or review firms that either are California licensed architects or engineers with relevant experience or are 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, and employ project inspectors that have been either approved as Class 1 certified inspectors by the Division of the State Architect or approved as Class A certified inspectors by the Office of Statewide Health Planning and Development or their successors. The “building official” Tribe shall require said inspectors to report in writing any failure to comply with the Applicable Codes to the Tribal Gaming Agency and “code enforcement agency” an agency designated by the Tribe’s law may exercise authority granted State (the “State Designated Agency”). The plan checkers, review firms, and project inspectors shall hereinafter be referred to such individuals and entities as specified within “Inspector(s).”
(f) In all cases where the Applicable Codes would otherwise require plan check, the Tribe shall require those responsible for any Covered Gaming Facility Construction to provide the documentation set forth below:
(1) The Tribe shall cause the design and construction calculations, and plans and specifications that form the basis for the planned Covered Gaming Facility Construction (the “Design and Building Plans”) to be provided to the State Designated Agency within fifteen (15) days of their completion;
(2) 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, the Tribe shall provide such change orders or other changes to the State Designated Agency within five (5) days of the change’s execution or approval;
(3) The Tribe shall maintain during construction all other contract change orders for inspection and copying by the State Designated Agency upon its request;
(4) The Tribe shall maintain the Design and Building Plans for the term of this Compact.
(g) The State Designated Agency may designate an agent or agents to be given reasonable notice of each inspection by an Inspector required by section 108 of the California Building Code, and said State agents may accompany the Inspector on any such inspection. The Tribe agrees to correct any Gaming Facility condition noted in said inspection required by section 108 that does not meet the Applicable Codes (hereinafter “deficiency”). Upon not fewer than three (3) business days’ notice to the Tribal Gaming Agency, except in circumstances posing an immediate threat to the life or safety of any person, in which case no advance notice is required, the State Designated Agency shall also have the right to conduct an independent inspection of the Gaming Facility to verify compliance with regard the Applicable Codes before public occupancy and shall report to the Tribal Gaming Agency any alleged deficiency; provided, however that prior to any exercise by the State of its right to inspect without notice based upon alleged circumstances posing an immediate threat to the life or safety of any person, the State Designated Agency shall provide to the Tribal Gaming Agency notice in writing specifying in reasonable detail those alleged circumstances.
(h) Upon final certification by the Inspector that a Gaming Facility meets Applicable Codes, the Tribal Gaming Agency shall forward the Inspector’s certification to the State Designated Agency within ten (10) days of issuance. If requested, upon final certification, or in circumstances posing an immediate threat to the life or safety of any person, the State Designated Agency shall have the right to review all records of the Inspector directly related to Gaming Facility inspection, including the Inspector’s final certification that the Gaming Facility meets Applicable Codes. If the State Designated Agency objects to the certification, the Tribe shall make a good faith effort to address the State’s concerns, but if the State Designated Agency does not withdraw its objection, the matter will be resolved in accordance with the dispute resolution provisions of section 9.0.
(i) Any failure to remedy within a reasonable period of time any material and timely raised deficiency shall be deemed a violation of the Compact unless the State has acted unreasonably in reporting the deficiency to the Tribe, and furthermore, any deficiency that poses a serious or significant risk to the health or safety of any occupants shall be grounds for the State Designated 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 and safety of the occupants.
(j) The Tribe shall also take all necessary steps to (i) reasonably ensure the ongoing availability of sufficient and qualified fire suppression services to the Gaming Facility and (ii) reasonably ensure that the Gaming Facility satisfies all requirements of title 19 of the California Code of Regulations applicable to similar facilities in the county in which the Gaming Facility is located. Not more than sixty (60) days after the effective date of the Compact, and not less than biennially thereafter, and upon at least ten (10) days’ notice to the State Designated Agency, the Gaming Facility shall be inspected, at the Tribe’s expense, by a Tribal official, if any, who is responsible for fire protection on the Tribe’s lands, or by an independent expert, for purposes of certifying that the Gaming Facility meets a reasonable standard of fire safety and life safety. The State Designated Agency shall be entitled to designate and have a qualified representative or representatives present during the inspection. During such inspection, the State’s representative(s) shall specify to the Tribal official or independent expert, as the case may be, 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. Within fifteen (15) days of the inspection, the Tribal official or independent expert shall issue a report on the inspection, 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. Within fifteen (15) days after the issuance of the report, the Tribal official or independent expert shall also require and approve a specific plan for correcting deficiencies, whether in fire 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’s representative(s). A copy of the report shall be served on the State Designated Agency, upon delivery of the report to the Tribe. Immediately upon correction of all deficiencies identified in the report, the Tribal official or independent expert shall certify in writing to the State Designated Agency that all previously identified deficiencies have been corrected. Any failure to correct all deficiencies identified in the report within a reasonable period of time shall be deemed a violation of the 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 the Compact and grounds for the State Gaming Agency or other State Designated Agency to prohibit occupancy of the affected portion of the Gaming Facility pursuant to a court order until the deficiency is corrected.
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Samples: Tribal State Compact
