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A. Except for an applicant for licensing as a nonkey gaming employee, as defined by agreement between the Commission and the State Gaming Agency, the Commission shall require the applicant to also file an application with the State Gaming Agency, prior to issuance of a license, for a determination of suitability for licensure under the California Gambling Control Act (Cal. Bus. & Prof. Code § 19800 et seq.).

B. Upon receipt of a completed license application and a determination by the Commission that it intends to issue a license, the Commission shall transmit to the State Gaming Agency a notice of intent to license the applicant, together with all of the following:

1. A copy of the license application materials and information received by the Commission from the applicant;

2. An original set of fingerprint cards;

3. A current photograph; and

4. Except to the extent waived by the State Gaming Agency, such releases of information, waivers, and other completed and executed forms as have been obtained by the Commission.

C. Upon receiving notice of the State Gaming Agency’s denial of an application for a determination of suitability, the Commission shall promptly notify the Executive Committee and, if the Commission objects to the denial, request an opportunity for the Tribe to be heard and diligently exercise its right to a hearing.

D. With respect to nonkey gaming employees, as defined by agreement between the Commission and the State Gaming Agency, the Commission shall provide the State Gaming Agency with the name, badge identification number, and job descriptions of all such employees on a monthly basis, within seven days of the end of each month.

E. Notwithstanding any requirements to the contrary in this chapter, if the Tribe operates a gaming facility which includes only class II gaming and not class III gaming, its reporting and other obligations pursuant to this chapter shall be limited to those required under applicable federal law. In such case, the Commission’s ability to issue a license shall not be dependent on receiving a determination of suitability from the State Gaming Agency unless otherwise required by applicable federal law. [Amended 4/12/04; Ord. 08-03 Art. IX § 12, approved 11/8/03.]