NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting December 18, 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 December 18, 2013. 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 Robert Doughty, Chairman Jeff Landers, Commissioner Sal Maniaci and Commissioner Paulette Becker. Commissioner Carl Londene is excused from the meeting. 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. S. Maniaci. Second: P. Becker. Vote: 4-0. All voted to approve the agenda as presented: R. Doughty, J. Landers, S. Maniaci and P. Becker. 1
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 10-15-1(H), NMSA 1978): P. Becker. Second: S. Maniaci. Vote: 4-0. A roll call vote was taken and all voted to go into closed executive session: 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 December 18, 2013 at approximately 11:05 a.m., Chairman Landers entertained a motion to go back into open session. S. Maniaci. Second: P. Becker. Vote: 4-0. A roll call vote was taken and all voted to go into open session: R. Doughty, J. Landers, S. Maniaci and P. Becker. Commissioner Londene is excused from the meeting. 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. 2
3 Approval of Minutes. Mr. Baca presented the following minutes for approval: 1. Minutes of Working Session, November 15, 2013 2. Minutes of Working Session, November 22, 2013 3. Minutes of One Day Regular Board Meeting, November 13, 2013 Commissioner Becker moved to approve the minutes of the Regular Board Meeting, and the minutes of the Working Sessions. Second: R. Doughty. Vote: 4-0. All voted in favor of the motion to approve the minutes as presented: R. Doughty, J. Landers, S. Maniaci and P. Becker. 4 Licensing Chairman Landers motioned to defer Licensing Items 1h and 2c for sixty days, to be brought back at the February meeting. Second: R. Doughty. Vote: 4-0. All voted in favor of the motion: R. Doughty, J. Landers, S. Maniaci and P. Becker. Mr. Baca presented the following matters for Board consideration: 1. Renewals of Gaming Licenses for 2013 a. American Legion Post #19 (Conchas Dam, NM) b. American Legion Post #99 () c. B.P.O. Elks #2086 (Ruidoso, NM) d. Elektroncek, d.d. (Menges, Slovenia) e. Fraternal Order of Eagles #2811 (Santa Fe, NM) f. Fraternal Order of Eagles #3815 (Las Vegas, NM) g. Loyal Order of Moose #1718 (Silver City, NM) h. My Way Holdings (Sunland Park, NM) - Deferred i. RC Gaming () 3
Commissioner Doughty moved to grant the renewals for the gaming licenses for 2013 as read by Mr. Baca. Second: P. Becker. Vote: 4-0. All voted in favor of the motion: R. Doughty, J. Landers, S. Maniaci and P. Becker. There was no discussion and no one addressed the Board on these matters. 2. Miscellaneous Matters: a. Request for removal from the self exclusion list; L.L. EXC65 Commissioner Doughty moved to grant the removal. Second: P. Becker. Vote: 4-0. All voted in favor of the motion: R. Doughty, J. Landers, S. Maniaci and P. Becker. b. Request for variance; Fraternal Order of Eagles #4101 Commissioner Doughty moved to deny the requested variance. Second: P. Becker. Vote: 4-0. All voted in favor of the motion: R. Doughty, J. Landers, S. Maniaci and P. Becker. c. Request by all racetrack gaming operators licensees for review of promotional credits policy - Deferred for sixty days d. Limited Use Application & Expedited Finding of Suitability; Universal Gaming Resources, Inc. and Jeff Carr, President and Member. Commissioner Doughty moved to grant the limited use application & expedited finding of suitability. Second: P. Becker. Vote: 4-0. All voted in favor of the motion: R. Doughty, J. Landers, S. Maniaci and P. Becker. 4
e. Limited Use Application & Expedited Finding of Suitability; Spin, Inc. and Paul Ayers, Owner. Commissioner Doughty moved to grant the limited use application & expedited finding of suitability. Second: P. Becker. Vote: 4-0. motion: R. Doughty, J. Landers, S. Maniaci and P. Becker. All voted in favor of the 5 Issuance of Findings of Suitability on Key and Affiliated Persons 1. New Application Individual a. Charlee Merchant Gaming Manager B.P.O. Elks #969 (Roswell, NM) b. Diallo A. Gordon Executive Vice President Kiosk Development & Service Global Cash Access, Inc. (Las Vegas, NV) c. Fred C. Enlow Board Member Global Cash Access, Inc. (Las Vegas, NV) d. Scott H. Betts Board Member Global Cash Access, Inc. (Las Vegas, NV) e. Ronald Burnum Surveillance Manager Ruidoso Downs Racing, Inc. (Ruidoso Downs, NM) f. Herman Silva Manager on Duty The Downs at Albuquerque, Inc. () g. Eusebio Esparza Assistant Gaming Manager Veterans of Foreign Wars #1793 (Raton, NM) h. Clayton LeMaire Commander Veterans of Foreign Wars #3015 (Clovis, NM) 2. Renewal Key Persons all without conditions a. Leland Lehman Gaming Accountant American Legion Post #90 (Los Alamos, NM) b. Hesiquio Cordoba Assistant Gaming Manager American Legion Post #100 () 5
c. Martha Aldrich Gaming Manager B.P.O. Elks #1244 (Clovis, NM) d. Paul Dandois Gaming Manager B.P.O. Elks #1897 (Alamogordo, NM) e. Gerald Willett Assistant Gaming Manager Fraternal Order of Eagles #3245 (Clovis, NM) f. Linda Bowen Assistant Gaming Manager Fraternal Order of Eagles #3245 (Clovis, NM) g. Paul Dandois Assistant Gaming Manager Loyal Order of Moose #2016 (Alamogordo, NM) h. Marco Sala Chief Executive Officer Spielo International Canada ULC (Moncton, Canada) i. Marco Sala Chief Executive Officer Spielo International USA, LLC (Las Vegas, NV) j. Jesus Olivas Jr. - Security Manager My Way Holdings, LLC (Sunland Park, NM) k. Raymond L. Walters Owner SunRay Gaming of NM, LLC (Farmington, NM) l. Linda Bowen Gaming Manager Veterans of Foreign Wars #3280 (Clovis, NM) m. Patricia Postlewait Gaming Manager Veterans of Foreign Wars #6917 (Organ, NM) 3. Title Changes a. John M. Vandemore EVP Emerging Businesses, CFO and Treasurer IGT (Las Vegas,NV) 4. Additional Entity/Universal Additions: a. Carol L. Woods Gaming Accountant American Legion Post #44 (Elephant Butte, NM) Commissioner Doughty moved to accept all the findings of suitability for these individuals as read by Mr. Baca. Second: S. Maniaci. Vote: 4-0. All voted in favor of the motion: R. Doughty, J. Landers, S. Maniaci and P. Becker. 6 Public Comments Paul Linnenburger (Blackburn Law Office): 6
90 days ago, in September we appeared before the Board, the Board had asked that we sit and meet with the staff. Mr. Blackburn and myself did meet with Mr. Baca, it became fairly clear that a resolution was not going to be reached absent a decision from the Board and so we re here this morning hoping for a resolution one way or another from the Board so that we can make a decision as to how we need to proceed. If this was available we just ask that the Board reconsider delaying this matter further as I stated we ve already this is not an issue that is relatively new it has been out there longer than the Board, even, and I think 90 days has been more than enough time to consider it. I just wanted the record to reflect that, Mr. Chairman. Chairman Landers: Thank you very much There were no further public comments. 7 Board Chairman Announcements - a. January Board meeting is scheduled for Wednesday, January 15, 2014 in b. February Board meeting is scheduled for Wednesday, February 12, 2014 in c. March Board meeting is scheduled for Wednesday, March 12, 2014 in d. April Board meeting is scheduled for Wednesday, April 16, 2014 in e. May Board meeting is scheduled for Wednesday, May 14, 2014 in f. June Board meeting is scheduled for Wednesday, June 18, 2014 in g. July Board meeting is scheduled for Wednesday, July 16, 2014 in h. August Board meeting is scheduled for Wednesday, August 13, 2014 in 7
i. September Board meeting is scheduled for Wednesday, September 17, 2014 in j. October Board meeting is scheduled for Wednesday, October 15, 2014 in k. November Board meeting is scheduled for Wednesday, November 12, 2014 in l. December Board meeting is scheduled for Wednesday, December 17, 2014 in Chairman Landers I just want to extend my best wishes for happy holidays and a Merry Christmas to all of our licensees and to the employees of the Gaming Control Board and express my thanks and gratitude for another year of wonderful service to the Agency, to the licensees and the people of the State of New Mexico. You exceed my expectations on a regular basis for the type of product and the amount of work that we put out here. I am extremely grateful for all that you do. 8 Adjournment. There being no other business to come before the Board, Chairman Landers entertained a motion to adjourn. P. Becker. Second: S. Maniaci. Vote: 4-0. All voted in favor of the motion: R. Doughty, J. Landers, S. Maniaci and P. Becker. /s/jeffrey S. Landers, Chairman Date Approved: 01-15-14 8