NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting September 19, 2012 MINUTES

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1 NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting September 19, 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 9:00 a.m., Wednesday September 19, 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: Chairman Jeff Landers, Commissioner David Norvell and Commissioner Steve Miller. Commissioner Rob Doughty and Commissioner Carl Londene are excused. Acting Executive Director/General Counsel Frank Baca was also in attendance. Approval of Agenda Mr. Baca noted there was one change to the agenda under 3.a. Miscellaneous: Corporate findings of suitability; Multimedia Games, Inc. should be properly designated Multimedia Games Holding Company, Inc. Chairman Landers: We will show a change to the agenda for item 3.a. changing the name for the corporate finding of suitability for Multimedia Games, Inc. to Multimedia Games Holding Company Inc. 1

2 Chairman Landers entertained a motion to approve the agenda. D. Norvell. Second: S. Miller. Vote: 3-0. All voted to approve the agenda as presented: J. Landers, D. Norvell and S. Miller. Chairman Landers: The motion passes unanimously the agenda is approved. 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: 3-0. A roll call vote was taken and all voted to go into closed executive session: J. Landers, D. Norvell and S. Miller. 2 On Wednesday September 19, 2012 at approximately 11:35 a.m., Chairman Landers entertained a motion to go back into open session. S. Miller. Second: D. Norvell. Vote: 3-0. A roll call vote was taken and all voted to go into open session: J. Landers, D. Norvell and S. Miller. Commissioner Rob Doughty and Commissioner Carl Londene are excused. 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. Chairman Landers presented the following minutes for approval: 1. Minutes of Working Session, August 13, Minutes of Working Session, August 16,

3 3. Minutes of One Day Regular Board Meeting, August 15, Minutes of Special Board Meeting, August 28, 2012 Commissioner Norvell moved to approve the minutes as presented. Second: S. Miller. Vote: 3-0. All voted in favor of the motion to approve the minutes as presented: J. Landers, D. Norvell and S. Miller. Chairman Landers: 4 Pending Administrative and Enforcement Actions 1. Consideration of approval of Hearing Officer s Recommendation for Samuel Garcia; Cause No AA Commissioner Norvell moved to approve the Hearing Officer s recommendation. Second: S. Miller. There was no discussion or comment from the Board and there was no one present in the audience to address this matter. Vote: 3-0. All voted in favor of the motion: J. Landers, D. Norvell and S. Miller. 2. Consideration of approval of Settlement Agreement and Recommendation of Dismissal with Prejudice for Loyal Order of Moose #1718; Cause No EA, Citation Nos. 1257, 1258, 1342, and 1343 Commissioner Norvell moved to approve the settlement agreement and recommendation of dismissal with prejudice. Second: S. Miller. There was no discussion or comment from the Board and there was no one present in the audience to address this matter. Vote: 3-0. All voted in favor of the motion: J. Landers, D. Norvell and S. Miller. 3

4 3. Consideration of approval of Hearing Officer s Recommendation of Dismissal without Prejudice for Umut Kokaneul; Cause No EA. Commissioner Norvell moved to approve the settlement agreement and recommendation of dismissal with prejudice. Second: S. Miller. There was no discussion or comment from the Board and there was no one present in the audience to address this matter. Vote: 3-0. All voted in favor of the motion: J. Landers, D. Norvell and S. Miller. 5 Licensing 1. Renewals of Gaming Licenses for 2012 Chairman Landers moved deferral of the following items: Item d.1a: American Legion Post #49 (Albuquerque, NM) defer until the October meeting of the Board. Item d.1b: American Legion Post #117 (Clovis, NM) defer until the December meeting of the Board. Item d.lg: The Downs at Albuquerque (Albuquerque, NM) defer until the October meeting of the Board. Commissioner Miller moved to approve the deferral: D. Norvell. Vote: 3-0. All voted in favor of the motion: J. Landers, D. Norvell and S. Miller. Chairman Landers: back on item D. Licensing. 4

5 Mr. Baca: The gaming licensing renewals for 2012 without conditions are as follows: B.P.O. Elks #1172 (Tucumcari, NM) Fraternal Order of Eagles #3526 (Logan, NM) Fraternal Order of Eagles #4017 (Socorro, NM) Mr. Baca: The renewal of the gaming license with a condition currently in place is: Loyal Order of Moose #2050 (T or C, NM) With the following condition: Respondent shall permanently bar Daryl L. Conley from any involvement in any gaming activity conducted by Respondent, specifically including but not limited to any involvement with or access to any proceeds from gaming of any kind of nature whatsoever. Commissioner Norvell moved to grant these renewals. Second: S. Miller. There was no discussion or comment from the Board and there was no one present in the audience to address this matter. Vote: 3-0. All voted in favor of the motion: J. Landers, D. Norvell and S. Miller. 2. New Application: a. Multimedia Games, Inc. Manufacturer License (Austin, TX) b. Consideration of limited use distributor application finding of suitability; Universal Gaming Resources, LLC, and Jeffery Carr. Commissioner Norvell moved to approve the new applications. Second: S. Miller. There was no discussion or comment from the Board and there was no one present in the audience to address this matter. Vote: 3-0. All voted in favor of the motion: J. Landers, D. Norvell and S. Miller. 5

6 3. Miscellaneous a. Corporate findings of suitability; Multimedia Games Holding Company, Inc. Commissioner Miller moved to approve the corporate findings of suitability. Second: D. Norvell. There was no discussion or comment from the Board and there was no one present in the audience to address this matter. Vote: 3-0. All voted in favor of the motion: J. Landers, D. Norvell and S. Miller. 6 Issuance of Findings of Suitability on Key and Affiliated Persons 1. New Application Individual As read by Mr. Baca: a. Cesar Garcia Assistant Gaming Manager American Legion Post #49 (Albuquerque, NM) b. Tammy Perez Gaming Accountant B.P.O. Elks #1119 (Las Cruces, NM) c. Debra Lovelace Assistant Gaming Manager Fraternal Order of Eagles #4101 (Alamogordo, NM) The following are all with Multimedia Games, Inc. Austin, TX. d. Joaquin J. Aviles Vice President of Technology e. Adam Chibib Chief Financial Officer and Director f. Stephen Greathouse Chairman of the Board and Director g. Neil E. Jenkins Director h. Michael J. Maples Director i. Justin A. Orlando Director j. Patrick J. Ramsey Chief Executive Officer, President and Director k. k. Robert D. Repass Director l. Micki D. Roemer Senior Vice President of Sales 6

7 m. Jerome R. Smith General Counsel, Chief Compliance Officer, Secretary, Sr. Vice President n. Timothy S. Stanley Director and the last individual FOS: o. Alberto Vela-Herrera Manager on Duty The Downs at Albuquerque, Inc. (Albuquerque, NM) Commissioner Norvell moved to accept any and all findings of suitability. Second: S. Miller. There was no discussion or comment from the Board and there was no one present in the audience to address this matter. Vote: 3-0. All voted in favor of the motion: J. Landers, D. Norvell and S. Miller. 2. Renewal Key Persons a. Larry Paiz Gaming Accountant B.P.O. Elks #408 (Las Vegas, NM) b. Deborah Marchand Gaming Accountant Loyal Order of Moose #1517 (Albuquerque, NM) c. Larry Paiz Gaming Accountant Fraternal Order of Eagles #3815 (Las Vegas, NM) 3. Title Change a. Robert C. Melendres Secretary, Executive Vice President of Emerging Businesses, Director - IGT (Las Vegas, NV) Commissioner Norvell moved to accept findings of suitability for renewal key persons and title change. Second: S. Miller. There was no discussion or comment from the Board and there was no one present in the audience to address this matter. Vote: 3-0. All voted in favor of the motion: J. Landers, D. Norvell and S. Miller. 7

8 7 Bingo & Raffle Act 1. Consideration of approval of Hearing Officer s Recommendation of Dismissal Without Prejudice; Jeremy Almodova; Cause No B Commissioner Miller moved to approve the hearing officer s recommendation of dismissal without prejudice for Jeremy Almodova. Second: D. Norvell. There was no discussion or comment from the Board and there was no one present in the audience to address this matter. Vote: 3-0. All voted in favor of the motion: J. Landers, D. Norvell and S. Miller. 8 Public Comments: There were no public comments. Commander Vickie Duran Enforcement: introduced two new employees from her division: Joe Alford will be serving the Hobbs area and Michelle Lopez our in-house Admin. 9 Board Chair s Announcements a. October Board meeting is scheduled for Wednesday, October 17, 2012 in Albuquerque, NM b. November Board meeting is scheduled for Wednesday, November 14, 2012 in Albuquerque, NM c. December Board meeting is scheduled for Wednesday, December 19, 2012 in Albuquerque, NM 10 Adjournment. There being no other business to come before the Board, Chairman Landers entertained a motion to adjourn. D. Norvell. Second: S. 8

9 Miller. Vote: 3-0. All voted in favor of the motion: J. Landers, D. Norvell and S. Miller. /s/jeffrey S. Landers, Chairman Date Approved: 10/17/2012 9