NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting August 21, 2013 MINUTES

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1 NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting August 21, 2013 MINUTES The Board of Directors of the New Mexico Gaming Control Board (Board) conducted a one-day Regular Board meeting at Gaming Control Board Headquarters, 4900 Alameda Blvd. NE. Chairman Jeff Landers called the meeting to order at approximately 9:00 a.m., Wednesday August 21, Due notice was published in accordance with the Gaming Control Act and the New Mexico Gaming Control Board Open Meetings Resolution and Chairman Landers declared a quorum. Present were: Commissioner Carl Londene, Commissioner Robert Doughty, Chairman Jeff Landers, Commissioner Sal Maniaci and Commissioner Paulette Becker. Acting Executive Director/General Counsel Frank Baca was also in attendance. Approval of Agenda Mr. Baca noted there were no changes to the agenda. Chairman Landers entertained a motion to approve the agenda as presented. P. Becker. Second: S. Maniaci. Vote: 5-0. All voted to approve the agenda as presented: C. Londene, R. Doughty, J. 1

2 1 Closed Executive Session. Chairman Landers entertained a motion to go into closed executive session until 11:00 a.m., for the purpose of discussing tribal matters, licensing matters, issuance of finding of suitability on key and affiliated persons, pending administrative and enforcement matters, pending and threatened litigation and limited personnel matters as enumerated in detail on the agenda. (Closed pursuant to section (H), NMSA 1978): R. Doughty. Second: S. Maniaci. Vote: 5-0. A roll call vote was taken and all voted to go into closed executive session: C. Londene, R. Doughty, J. Landers, S. Maniaci and P. Becker. Chairman Landers: The motion passes unanimously and we will go into closed session. 2 On Wednesday August 21, 2013 at approximately 11:20 a.m., Chairman Landers entertained a motion to go back into open session. P. Becker. Second: S. Maniaci. Vote: 5-0. A roll call vote was taken and all voted to go into open session: C. Londene, R. Doughty, J. Chairman Landers certified the only matters that were discussed in closed executive session were tribal matters, licensing matters, issuance of finding of suitability on key and affiliated persons, pending administrative and enforcement matters, pending and threatened litigation and limited personnel matters as enumerated in detail on the agenda. 3 Approval of Minutes. Mr. Baca presented the following minutes for approval: 1. Minutes of One Day Regular Board Meeting, July 17, Minutes of Special Board Meeting, July 8-9, Minutes of Special Board Meeting, July 11, Minutes of Working Session, July 18,

3 Commissioner Maniaci moved to approve the minutes of the regular Board meeting, the minutes of the special board meetings and the minutes of the working session meeting. Second: P. Becker. Vote: 5-0. All voted in favor of the motion to approve the minutes as presented: C. Londene, R. Doughty, J. Landers, S. Maniaci and P. Becker. 4 Licensing Mr. Baca presented the following matters for Board consideration: 1. Renewals of Gaming Licenses for 2013 all without conditions a. American Legion Post #13 (Albuquerque, NM) b. American Legion Post #49 (Albuquerque, NM) c. American Legion Post #69 (Albuquerque, NM) d. Aries Gaming (Albuquerque, NM) e. B.P.O. Elks #969 (Roswell, NM) f. Fraternal Order of Eagles #3526 (Logan, NM) g. Loyal Order of Moose #2016 (Alamogordo, NM) h. MultiMedia Games (Austin, TX) Commissioner Doughty moved to grant the licensing renewals as read by Mr. Baca. Second: S. Maniaci. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. Chairman Landers: The renewals are granted unanimously. Chairman Landers entertained a motion to defer item 1.i renewal of gaming licenses for The Downs at Albuquerque (Albuquerque, NM) until the November 2013 meeting. P. Becker. Second: S. Maniaci. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. 3

4 2. Miscellaneous Matters a. Request for Waiver of Findings of Suitability: Ellerston Capital Limited, for Aristocrat Leisure Limited, parent company of Aristocrat Technologies, Inc., not to exceed 10% Commissioner Doughty moved to grant the request for waiver. Second: P. Becker. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. b. Staff recommendation for consideration on work permit, Jesse Herrera, Zia Park, LLC Commissioner Doughty moved to table this consideration for 30 days. Second: P. Becker. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. c. Request for removal from the self exclusion list; Yolanda Richardson Commissioner Doughty moved to grant the request for removal. Second: S. Maniaci. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. Chairman Landers: The motion passes unanimously d. Consideration of the transaction by Bally Technologies to acquire SHFL Entertainment 4

5 Commissioner Doughty moved to grant the transaction. Second: C. Londene. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. Landers, S. Maniaci and P. Becker. Chairman Landers: The motion passes unanimously e. Review of findings of suitability for Ruidoso Downs Racetrack & Casino Chairman Landers moved to defer this item for 30 days. Second: C. Londene. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. Landers, S. Maniaci and P. Becker. Chairman Landers: The motion passes unanimously f. Consideration of Approval of Token Discontinuation Plan; The Downs at Albuquerque Commissioner Doughty moved to approve the token discontinuation plan with the stipulation that there is a redemption period ending 90 days from the date of the order. Second: S. Maniaci. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. Chairman Landers: The motion passes unanimously g. Consideration of approval of variance to Sunland Park Minimum Internal Controls Commissioner Doughty moved to approve the variance. Second: P. Becker. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. Landers, S. Maniaci and P. Becker. 5

6 5 Issuance of Findings of Suitability on Key and Affiliated Persons 1. New Application Individual a. Sandra Johnsey Gaming Accountant B.P.O. Elks #1440 (Gallup, NM) Commissioner Doughty moved to accept the finding of suitability for Sandra Johnsey with the condition that she shall not produce monthly gaming financial statements. Second: P. Becker. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. Mr. Baca read the remaining new applications for findings of suitability on key and affiliated persons along with the renewal key persons. b. Daniel B. Silvers Board Member IGT, Inc. (Las Vegas, NV) c. Kathleen Holt Assistant Gaming Manager Loyal Order of Moose #2050 (T or C, NM) d. Todd F. McTavish General Counsel, Chief Compliance Officer, Corporate Secretary and Director Multimedia Games, Inc. (Austin, Texas) e. Brian Roybal Director of Marketing The Downs at Albuquerque (Albuquerque, NM) f. Kristiane J. Billie Slot Manager and Manager on Duty The Downs at Albuquerque (Albuquerque, NM) g. Jay Anderson Database Marketing Manager Zia Park, LLC (Hobbs, NM) 2. Renewal Key Persons a. Olivia Garcia Gaming Accountant American Legion Post #1 (Santa Fe, NM) 6

7 b. Tony Navarrete Gaming Accountant American Legion Post #72 (Albuquerque, NM) c. Stephen W. Morro Board Member Aristocrat Technologies, Inc. (Las Vegas, NV) d. Herbert Gray Assistant Gaming Manager B.P.O. Elks #1119 (Las Cruces, NM) e. Mark Brown Gaming Accountant Loyal Order of Moose #2152 (Artesia, NM) f. Daniel M. Wade Board Member SHFL Entertainment (Las Vegas, NV) g. Barbara Shattuck Board Member - Penn National Gaming, Inc. (Wyomissing, PA) Commissioner Doughty moved to accept any and all Findings of Suitability for the new applications and renewal key persons as read by Mr. Baca. Second: S. Maniaci. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. 6 Public Comments - Bobby Ledoux, Mayor of the City of Raton and Chris Reed Economic Development Director: Mayor Ledoux I just wanted to invite you all to visit our community and just wanted to let you know that we are still very much interested in that 6 th racetrack gaming license. We have a plan that we are very certain is solid and verifiable that will meet the needs of the Board and the State of New Mexico. I know that we ve had some problems with the last license but we didn t have anything to do with that. I ve only been here since December and things have changed somewhat. We have a lot more support now than we ever had. We ve been talking to potential investors and we just feel certain that we could put something together that would meet the needs of the State and the Board. Northern New Mexico is very economically depressed, we invite you to visit our community we have a beautiful community, between the rains and the bears we ve had our share of problems nothing that we re not used to and that we can t address. With me is our Economic Development Director, Mr. Chris Reed, he has some handouts that he d like to present to you. 7

8 Chairman Landers: Why don t we do this, this is going to be a discussion that s probably going to be more germane to our 1:30 meeting. We re going to hear comments specifically about the issuance of the 6 th license. Mayor Ledoux: We just wanted to introduce ourselves, we had not attended a Gaming Control Board meeting prior to this and just to follow-up on the fact that we believe that another license introduced into this State would be of benefit to the State as a whole no matter where. Chairman Landers: Then we ll welcome you back at 1:30. Chairman Landers: Dr. Clark: Dr. Guy Clark, Chairman Stop Predatory Gambling New Mexico: I appreciate the Board having these meetings and accepting public input, in my responsibilities with the national organization we ve run into States, like Pennsylvania, where they excluded the public and we appreciate that doesn t happen in New Mexico. I appreciate the give and take and at least listening to the citizens. In our opinion to stop predatory gambling in New Mexico because of the problems, the drug scandals the infiltration of the drug cartel into the gambling industry, because of the very bad publicity in the New York Times and others about the record of catastrophic horse injuries we feel like it s more of a time for retrenchment and re-evaluation than expansion of the horseracing industry. We would very much appreciate it if a 6 th license was not issued at this time or in the near future. Thank you. Chairman Landers: Thank you Dr. Clark. 7 Swearing in of new enforcement division agent, Raymond Romero. Chairman Landers also announced that Dan Peltier will be leaving the Gaming Control Board. 8 Board Chairman Announcements a. September Board meeting is scheduled for Wednesday, September 18, 2013 in Albuquerque, NM b. October Board meeting is scheduled for Wednesday, October 16, 2013 in Albuquerque, NM 8

9 c. November Board meeting is scheduled for Wednesday, November 13, 2013 in Albuquerque, NM d. December Board meeting is scheduled for Wednesday, December 18, 2013 in Albuquerque, NM 9 Recess until 1:30 p.m.: Chairman Landers: We will be in recess until 1:30 this afternoon for a discussion on Issuance of 6 th racetrack/gaming license. Chairman Landers welcomed everyone to the afternoon session and opened it for a discussion of the 6 th racetrack/gaming license. Mayor Bobby Ledoux stated the information he had previously given at the open session. There were no other speakers. 10 Adjournment. There being no other business to come before the Board, Chairman Landers entertained a motion to adjourn. P. Becker. Second: C. Londene. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. /s/jeffrey S. Landers, Chairman Date Approved:

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