NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting August 15, 2012 MINUTES

Transcription

1 NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting August 15, 2012 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 9:05 a.m., Wednesday August 15, 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 David Norvell and Commissioner Steve Miller. Acting Executive Director/General Counsel Frank Baca was also in attendance. Approval of Agenda Mr. Baca noted there were no changes to the public agenda. Chairman Landers entertained a motion to approve the agenda as presented. D. Norvell. Second: R. Doughty. Vote: 5-0. All voted to approve the agenda as presented: C. Londene, R. Doughty, J. Landers, D. Norvell and S. Miller. Chairman Landers: The motion passes unanimously. 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): D. Norvell. Second: S. Miller. Vote: 5-0. A roll call vote was taken and all voted to go into closed executive session: C. Londene, R. Doughty, J. Landers, D. Norvell and S. Miller. 2 On Wednesday August 15, 2012 at approximately 11:08 a.m., Chairman Landers entertained a motion to go back into open session. S. Miller. Second: D. Norvell. Vote: 5-0. A roll call vote was taken and all voted to go into open session: C. Londene, R. Doughty, J. Landers, D. Norvell and S. Miller. 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. Chairman Landers: The New Mexico Gaming Control Board held a closed working session on Monday August 13 2:30 p.m. as was stated in the public notice only Tribal matters were discussed during the course of that meeting. Chairman Landers entertained a motion to accept that statement and make it part of the minutes of this meeting. S. Miller. Second: R. Doughty. Chairman Landers: The matter passes unanimously. 2

3 3 Approval of Minutes. Chairman Landers presented the following minutes for approval: 1. Minutes of One Day Regular Board Meeting, July 18, 2012 Commissioner Norvell moved to approve the minutes the minutes of the regular Board meeting session on July 18th. Second: S. Miller. Vote: 5-0. All voted in favor of the motion to approve the minutes as presented: C. Londene, R. Doughty, J. Landers, D. Norvell and S. Miller. Chairman Landers: The matter passes unanimously. 4 Pending Administrative and Enforcement Actions 1. Consideration of approval of Settlement Agreement; B.P.O. Elks #865 and Ernest Brown; Cause No SA Commissioner Norvell moved to approve the Settlement Agreement with the caveat that the existing condition on that license remain in place. Second: R. Doughty. Commissioner Miller: Point of Order, I believe that s a new condition and you stated it was an existing condition so can we amend your motion? Commissioner Norvell: Yes Chairman Landers we have a motion to amend. Do we have a second? Second: R. Doughty. Vote: 5-0. All voted in favor of the motion to amend: C. Londene, R. Doughty, J. Landers, D. Norvell and S. Miller. Chairman Landers: The motion is amended unanimously. Chairman Landers: Now back to the amended motion for approval of the settlement agreement subject to the new condition. Commissioner Norvell made a motion to show the new condition. Second: S. Miller. Vote: 5-0. All voted in favor of the motion to amend: C. Londene, R. Doughty, J. Landers, D. Norvell and S. Miller. 3

4 Chairman Landers: The motion is approved unanimously. 2. Consideration of approval of Recommendation of Dismissal with Prejudice; Racing at Raton; Cause Nos EA, EA, EA and EA Commissioner Miller moved to approve the recommendation of dismissal with prejudice on the causes as stated by Mr. Baca. Second: D. Norvell. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. Landers, D. Norvell and S. Miller. Chairman Landers: The motion is approved unanimously. 5 Licensing 1. Renewals of Gaming Licenses for 2012 a. American Legion Post #13 (Albuquerque, NM) b. American Legion Post #69 (Albuquerque, NM) c. Aries Gaming (Albuquerque, NM) d. B.P.O. Elks #865 (Raton, NM) e. B.P.O. Elks #969 (Roswell, NM) f. Fraternal Order of Eagles #3187 (Roswell, NM) g. Fraternal Order of Eagles #3526 (Logan, NM) h. Loyal Order of Moose #2016 (Alamogordo, NM) Mr. Baca: Mr. Chairman I will take a couple of items out of order, starting with BPO Elks #865, Raton, NM that does have that proposed new condition as mentioned by Commissioner Norvell. For the record I will read the condition at this point: Licensee shall engage the services of an outside bookkeeper within 30 days of the Board s issuance of the Decision and Order renewing Licensee s nonprofit gaming operator s license. Licensee shall continuously employ the services of an outside bookkeeper until the date of Licensee s next license renewal. 4

5 Commissioner Doughty moved to grant BPO Elks 865 with the condition as read by Mr. Baca. Second: D. Norvell. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. Landers, D. Norvell and S. Miller. Chairman Landers: The motion passes unanimously. Chairman Landers moved to defer Fraternal Order of Eagles #3526 (Logan, NM) for 30 days, to be brought back on the September agenda. Second: S. Miller. Vote: 5-0. All voted in favor of deferring this item till the next meeting in September: C. Londene, R. Doughty, J. Landers, D. Norvell and S. Miller. Chairman Landers: The motion passes unanimously. Mr. Baca: The remaining items for your consideration of the renewal of gaming licenses for 2012 are as follows: a. American Legion Post #13 (Albuquerque, NM) b. American Legion Post #69 (Albuquerque, NM) c. Aries Gaming (Albuquerque, NM) e. B.P.O. Elks #969 (Roswell, NM) f. Fraternal Order of Eagles #3187 (Roswell, NM) g. Loyal Order of Moose #2016 (Alamogordo, NM) Commissioner Miller moved to grant these renewals as listed by Mr. Baca. Second: D. Norvell. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. Landers, D. Norvell and S. Miller. Chairman Landers: The motion is approved unanimously. 6 Issuance of Findings of Suitability on Key and Affiliated Persons 1. New Application Individual a. Archie Lard Gaming Manager American Legion Post #77 (Logan, NM) 5

6 b. Debra Covert Gaming Accountant American Legion Post #118 (Rio Rancho, NM) 2. Renewal Key Persons a. Alan Jones Gaming Manager B.P.O. Elks #1558 (Carlsbad, NM) b. Joze Pececnik Chairman of the Board and Owner Elektroncek, d.d. (Menges, Slovenia) c. Rok Uhan Chief Financial Officer and Director Elektroncek, d.d. (Menges, Slovenia) d. Tomaz Zvipelj Chief Executive Officer and Owner Elektroncek, d.d. (Menges, Slovenia) e. Shigeru Komatsubara Senior Vice President, Treasurer and Director Glory U.S.A. Inc. (West Caldwell, NJ) f. Satoshi Sakamoto President, Chief Executive Officer, Secretary, Treasurer and Director Konami Gaming, Inc. (Las Vegas, NV) g. Victor Duarte President, Chief Executive Officer and Director Spielo Manufacturing, ULC (Moncton, New Brunswick) h. W. Gregory Hamilton Member of Management Committee and Owner SunRay Gaming of NM, LLC (Farmington, NM) i. Brian Gamache Chief Executive Officer and Chairman WMS Gaming, Inc. (Waukegan, IL) j. Kathleen McJohn Senior Vice President, General Counsel, and Corporate Secretary WMS Gaming, Inc. (Waukegan, IL) k. Scott Schweinfurth Executive Vice President, Chief Finance Officer and Director WMS Gaming, Inc. (Waukegan, IL) 3. Title Change a. George Lucero Gaming Manager American Legion Post #49 (Albuquerque, NM Commissioner Miller moved to accept any and all the Findings of Suitability for the new applications, renewal key persons and the title change as read by Mr. Baca. Second: C. Londene. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. Landers, D. Norvell and S. Miller. Chairman Landers: The motion passes unanimously. 6

7 7 Policy & Rulemaking Matters: 1. Approval of Hearing Officer s Recommendation on NMAC, NMAC, NMAC, NMAC, NMAC, NMAC, NMAC, NMAC, NMAC, NMAC, NMAC, NMAC, NMAC, NMAC (Hearing held on June 28, 2012) Mr. Baca: The rules as indicated on the agenda for your consideration are through 14. As you are aware this is essentially a re-write of the Bingo & Raffle Act. If you look on page 7 of the transcript of the Hearing Ms. Hardwick did a really good job of summarizing the history of our rulemaking of this process and went through the history of when we first took over authority for the Bingo & Raffle Act, when there was a substantive amendment to the Act which was in 2009 and then talked a little bit about the process that we went through. One of the things that I would like to mention for the benefit of the staff, the Board and the public is that we were most proud of the fact that when we had a public hearing on the adoption of the rules in front of a Hearing Officer we had zero persons show up to speak. Prior to that we had 12 public meetings we had hundreds of people literally over those 12 public meeting and when we came to the final meeting as a result of listening to the input that we received from the industry, taking that to heart, they didn t always get what they wanted, we didn t always get what we wanted but we went through that and listened and we came up with, what I think, is an excellent product. Not one person showed up to speak and I think that s a testament to the hard work of the staff, the bingo committee over the last number of years and I think what we have is a reasonable and practical and effective set of rules that addresses the concerns of the agency, the public and the industry. I would just like to commend staff for the 7

8 hard work. I would submit these changes to the Board for your consideration and would strongly recommend their adoption. Commissioner Norvell moved to grant approval of the hearing officer s recommendation to accept the adoption of the Bingo & Raffle rules. Second: R. Doughty. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. Landers, D. Norvell and S. Miller. Chairman Landers: I want to thank the staff as well, Peggy, Scott and Raechelle they were very professional in the way they addressed those folks who had concerns, listened to their concerns. It reflects well on the agency and how very concerned everyone was about putting out a quality project. Thank you to everybody who was involved in that effort. Chairman Landers: The motion is adopted and passes unanimously. 8 Public Comments there were no public comments. 9 Board Chairman Announcements a. September Board meeting is scheduled for Wednesday, September 19, 2012 in Albuquerque, NM b. October Board meeting is scheduled for Wednesday, October 17, 2012 in Albuquerque, NM c. November Board meeting is scheduled for Wednesday, November 14, 2012 in Albuquerque, NM d. December Board meeting is scheduled for Wednesday, December 19, 2012 in Albuquerque, NM 8

9 10 Adjournment. There being no other business to come before the Board, Chairman Landers entertained a motion to adjourn. D. Norvell. Second: S. Miller. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, J. Landers, D. Norvell and S. Miller. /s/jeffrey S. Landers, Chairman Date Approved: