Chairman Michael Hunter 

Coyote Valley Tribal Council 

P.O. Box 39 

Redwood Valley, California 95470 

J tme 15, 20 I 6 

Re: Coyote Valley Band of Pomo Indians' Amended Gaming Ordinance; 

Tribal Council Resolution No. CV-TC-05-18-16-01 

Dear Chainnan Hunter: 

tam writing in response to your letter, dated May 19, 2016, and received by the National 

Indian Gaming Commission on May 31, 2016. Tn your letter, you ask for review and approval of 

amendments to the Coyote Valley Band of Pomo Indians' Gaming Ordinance ("Ordinance"). As 

you explained in an earlier Jetter to the NIGC, dated June 11 , 201 5, these amendments bring the 

Tribe's existing Ordinance into full compliance with its Gaming Compact with the State of 

California. The amendments also clarify and modernize the Ordinance, which had been approved 

by NIGC Chairman Montie Deer on November 26, 2001. 

Thank you for submitting the amendments to your Ordinance for our review and 

approval. The Tribe's Amended Gaming Ordinance is approved as it is consistent with the 

Indian Gaming Regulatory Act and the NIGC regulations. If you have any questions concerning 

this letter or the NIGC's ordinance amendment review process, please contact Staff Attorney 

Katherine Zebell at (202) 632-7003. 

Sincerely, 

cc: Little Fawn Boland, Esq. 

Ceiba Legal, LLP 

NEW MAILING ADDRESS: NIGC/O~PARTMENT OF THE INTERIOR 1849 C Street NW, Moil Stop# 162 ! Wnshington, DC 20240 Tel: 202.632 7003 Fo x: 202.632.7066 

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COYOTE VALLEY 

--Band of Pomo Indians--

COYOTE VALLE\' BAND OF POMO INDlANS TRIBAL COlJNCIL 

RESOLUTION NO. (:V~T('.~05-18-16-01 

A RESOLUTION OF THE COYOTE VALLEY BAND OF POMO INDIANS TO 

RESUBMIT ITS AMENDED GAMING ORDINANCE TO THI~ NIGC FOR APPROVAL 

Wlllt'.IU~AS, 1he Coyote Valley Band of Pomo Indians of Culifomia (''Tribe") is a federally 

recognized Indian Tribe, recognized by the United State.s of America through the Sl.}crctary of 

the Interior as a so,·ercign Indian Tribe possessed with inherent powel's of tribal selfgovemmcnt: and 

WHEREAS, among the pow<..·rs of inherent sovereignty vested in the Coyote Valley Band of 

Pomo Indians General Council is the powt:r to tlckrmine its own fo1m of govem1m:nt, interpret 

its own laws and be governed by those laws: and 

WHF.REAS. on October 4, l 9RO, the General Council enacted the Document Embodying the 

Laws, Customs and lraditions of the Coyote Valley Band of Pomo Indians ("Tribal 

Constitution'') to serve as the governing document of the Tribe; and 

WHEREAS, under J\rtick VI, Section I. the General Council dects a Tribal Council lo serve as 

the Tribe's governing body conc\lrrent with the General CounciL and 

WHI•:tu:AS. the Tribal Coundl exercisl.!s, concummlly with the (kneral Council, all powers 

delegated to it by th.: General Council in Article VII of the Tribal Constitution and <.itherwise 

vested in the Tribal Council by the Tribal Constitution: and 

WHERF.AS, Afliclc Vil, Scctil)n l. Subpa11 (n) of the Trihal Con:stitution statc!'i that the Gcm:ral 

Council delegated to the Tribal Council the power to enact laws on behalf of the Tribe; and 

WHEREAS, the Tribal Council approved certain mncndments lo Ordinance No. 94, An 

Ordinam:e· q( the! Coyote Valley Bund o( Pomo !ndiam· Authorizing and Reg11/atin~ naming m1 

the Coyote Valley Reservation ("Gaming Ordina11ce") on June 4. 20 l 5 by Resolution No. CV· 

TC-06-04-15-02 and submiued thos~ amendment~ to the National Indian Gaming Commission 

("N/GC') for review and approval~ and 

WHEREAS, the NIGC' infonned the Tribal Council that technical edits to the amended Gaming 

Ordinance are necessary in order for NlGC to approve the arnended Gaming Ordinance: and 

WHEREAS, the Tribal Coundl agreed to withdraw the pn.~viou::;ly amended Gaming ()rdimmcc 

from further consideration by the NIGC by Resolution No. CV -TC-06-04-15-02 and directed its 

C:OYOTF. VALLEY BAND Of POMO lNVIANS TRIBAL COUNCIL RESOLUTION 

I\ lh:so1111im110 i{1:"s11t>mi1 Ille ,.\mcnclcd l'oyc•tc Valle?y <laming Orclinnnc~ to 1hc NICiC !Or ,\prriwal 

Pagel of 2 
legal counsel to make further edits, with the guidance of the NJGC which were made and it was 

then resubmitted on December 3, 2015 by Resolution CV-TC-12-03-15-01 and then withdrawn 

again on March 3, 2016 by Resolution CV-TC-03-03- 16-02: am.I 

WHEREAS. the Tribal Council determined that the edits suggcst~d by th~ NIGC arc in lhi: bc:sl 

interest of the Tribe; and 

W H RREAS, the NI GC contacted the C oyotc Valley Hand of Pomo Indians on May 17, 2016 

and suggested that the Tribe now resubmit the amended Gaming Ordinance for approval; and 

NOW THEREFORE BE IT RESOLVED that the Tribal Council hereby approves the 

amended Gaming Ordinance in substantially similar form lo the attached hereto as Exhibit A. 

AND BE IT FURTHER RF.SOLVED that the Tribal Council hereby authorizes the 

resubmission of the amended Gaming Ordinance to the NIUC for its approval. 

AND BE IT FURTHER RESOLVED that the certification below certifies this resolution as 

authentic per the requirements of 25 CFR 522.2(a). 

CERTIFICATION 

This is to certify that the foregoing resolution and action was approved by the Coyote Valley 

Band of Pomo lnJions Tribal Council at a duly noticed and convened meeting hdcl 011 _UnLtL_ 

.J.ti_. 2016, and was approved by a vote of 3 For~ Again.st with.()__ Abs~ 

and that this resolution has not be~n amended or rescinded in any way. 

1chael Hunter, Chairman 

Coyote Valley Tribal Council 

--- ~~-- Coyote Valley Tribal Council 

covon: VALLl:Y BANI> OF POMO INOIANS TRIBAL COUNCIL RESOLUTION 

A Resolution 111 Kesubmh lhc /\m~nded Coyote Volley Cio.ming Ordinnn.:.: In the NlGC for Appr0\'31 

Pagel of2 
ORDINANCE NO. 94-_ _ 

COYOTE VALLEY GAMING ORDINANCE 

(As Adopted on November 7, 1994 and Amended on September 24, 2001 by Resolution No. 

C.V. 01-44 and Amended on by Resolution No. ----

The Coyote Valley Band of Pomo Indians ("Tribe" or "Tribal"), a federally recognized 

Indian tribe, is the beneficial owner of all lands held in trust for the Tribe by the United States. 

Acting through its Tribal Council in the exercise of its inherent sovereign power to enact ordinances 

and otherwise safeguard and provide for the health, safety and welfare of the members of the Tribe 

and to protect and govern over the Tribe's Indian lands as defined by 25 U.S.C. § 2703 ("Indian 

Lands"), the Tribe hereby enacts this ordinance which shall hereinafter be cited as the Coyote 

Valley Gaming Ordinance ("Ordinance"). This Ordinance and any regulations promulgated 

thereunder shall constitute the entire Gaming regulations for the Tribe. 

Section 1. Findings and Policy. 

This Ordinance is adopted by the Tribal Council, pursuant to its authority granted under the 

Tribe's Constitution, for the purpose of establishing the terms for Gaming on the Tribe's Indian 

Lands for Tribal and general welfare purposes, and to develop, operate, and regulate such Gaming 

consistent with the findings herein and in conformity with the federal Indian Gaming Regulatory 

Act (25 U.S.C. § 2701 et seq. ("IGRA")) and regulations promulgated thereunder. 

The Tribe finds that: 

a. Gaming on its Indian Lands is a valuable means of generating revenues that are needed 

for economic development, to promote tribal self-sufficiency, economic development, 

employment, job training, and a strong tribal government, and to fund and ensure 

essential social programs and services; 

b. The Tribe desires to conduct certain fonns of Gaming to provide needed revenues to the 

Tribe, and to regulate and control such Gaming in a manner that will protect the 

environment, the Tribe's Indian Lands, the health, security and general welfare of the 

Tribe, the patrons, and the community; and 

c. The Tribe desires to regulate all Gaming on its Indian lands in a manner that will 

adequately address the special interests and needs of the Tribe. 

Section 2. Ownership of Gaming. 

a. The Tribe shall have the sole proprietary interest in and responsibility for the conduct 

of any Class Ill Gaming Operation, and I or Gaming Facilities authorized by this 

Ordinance, except to the extent the Tribe may contract with and license a person or 

COYOTE VALLEY GAMING ORDrNANCE 

Page 1 of25 
entity to, operate or manage the enterprise pursuant to the provisions of IGRA and the 

regulations promulgated thereunder, or as otherwise permitted by law. 

b. The Tribe shall have the sole proprietary interest in and responsibility for the conduct 

of any Class II Gaming Operation and I or Gaming Facilities authorized by this 

Ordinance, except to the extent the Tribe may contract with and license a person or 

entity to, operate or manage the enterprise pursuant to the provisions of IGRA and the 

regulations promulgated thereunder, or as otherwise pe1mitted by law, or if the Tribe 

chooses to allow individually owned Class II Gaming. 

c. If the Tribe chooses to allow individually owned Class II Gaming, then the following 

requirements must be met: 

Section 3. 

( 1) The individually owned Class II Gaming Operation must be licensed 

and regulated under the Tribe's Gaming Ordinance; 

(2) Not less than sixty percent (60%) of the net revenues of the individually 

owned Class 11 Gaming Operation must be income to the Tribe; 

(3) The income to the Tribe from an individually owned Class II Gaming 

operation must be used only for the purposes listed in Section 6(b) of 

this Ordinance; 

(4) The individual owner must pay an assessment to the National Indian 

Gaming Commission under 25 C.F.R. § 514. 1; 

(5) The individually owned Class II Gaming Operation shall be subject to 

licensing standards that are as least as restrictive as those established by 

State law governing similar Gaming within the jurisdiction of 

California; and 

(6) Any person or entity that would not be eligible to receive a California 

license to conduct the same Gaming activities within the jurisdiction of 

California shall be denied a Gaming License by the Tribe; and 

(7) California law standards shall apply with respect to purpose, entity, pot 

limits and hours of operation. 

Definitions. 

Unless specified otherwise, the terms used herein shall have the same meaning as in IGRA, 

including but not limited to references to "Net Revenues," "Class I," "Class II," and "Class III" 

Gaming, and except for references to "Commissioners," "Commission," or "Gaming 

Commission," which shall mean the Coyote Valley Gaming Commission or its Commissioners, 

established and described herein. 

a. "Amended Compact" shall mean the Amended Tribal-State Gaming Compact between 

the Coyote Valley Band of Pomo Indians and the State of California as approved on 

December 28, 2012, or as subsequently amended. 

b. "Barred Person" shall mean a person pe1manently excluded from the Casino because 

they pose a threat to the integrity of the Gaming Activities of the Tribe or to the 

COYOTE VALLEY GAMING ORDINANCE 

Page 2 of2S 
integrity of regulated Gaming within the State, due to their past behavior, criminal 

hist01y, or association with persons or organizations. 

c. "Closely Associated Independent Contractor" shall mean any contractor that shares 

conunon ownership, officers or directors with any management principal or person 

related thereto. 

d. "Gaming" shall mean an activity in which a person stakes or risks something of value 

on the outcome of a contest of chance or a future contingent event, not under his or her 

control or influence, upon an agreement or understanding that the person, or someone 

else, will receive something of value in the event of a certain outcome, but shall not 

include bona fide business transactions. 

e. "Gaming Activities" shall mean any Class 1, Class 11, or Class Ill Gaming Activity 

conducted by or under the jurisdiction of the Tribe. 

f. "Gaming Conunission" shall mean the Coyote Valley Gaming Commission, as 

established herein to monitor the Gaming Activities, investigate wrongdoing, conduct 

background investigations, issue licenses, and perform other duties as required for the 

regulation of Gaming on the Tribe's Indian Lands. 

g. "Gaming Contractor" shall mean any person or entity that supplies Gaming devices or 

other Gaming equipment, personnel, or services (including Gaming management or 

consulting services) to any Gaming Activity or enterprise. 

h. "Gaming Employee" shall mean any natw-al person who (a) conducts, operates, 

maintains, repairs, accounts for, or assists in any Gaming Activities, or is in any way 

responsible for supervising such Gaming Activities or persons who conduct, operate, 

maintain, repair, account for, or supervise any such Gaming Activities; (b) is in a 

category under federal or tribal Gaming law requiring licensing; ( c) is an employee of 

the Gaming Commission with access to confidential info1mation; or ( d) is a person 

whose employment duties require or authorize access to areas of the Gaming Facility in 

which Gaming Activities are conducted that are not open to the public. 

i. "Gaming Enterprise" shall mean any Gaming business, event, enterprise or activity 

conducted by or under the jw-isdiction of the Tribe and shall have the same meaning as 

"Gaming Operation." 

J. "Gaming Facility" shall mean each physical location where Gaming Activities occur 

and which is licensed by the Gaming Conunission. 

k. "Gaming Operating Expense" shall mean any expense associated with the operation of 

the Gaming Enterprise. 

l. "Indian Lands" shall mean the Tribe's lands meeting the definition of 25 U.S.C. § 2703. 

COYOTE VALLEY GAMING ORDINANCE 

Page 3 of25 
m. '•Key Employee" shall mean a person who performs one or more of the following 

functions: bingo caller, counting room supervisor, chief of security, custodian of 

Gaming supplies or cash, floor manager, pit boss, dealer, croupier, approver of credit, 

or custodian of Gaming devices including those persons with access to cash and 

accounting records within such devices. If not otherwise included, any other person 

whose total cash compensation is in excess of $50,000 per year, and the four (4) most 

highly compensated persons in the Gaming Enterprise are included in the definition of 

Key Employees. At the discretion of the Gaming Commission, other positions or 

persons may be included under and subject to the requirements for Key Employees. 

n. "National Indian Gaming Conunission" ("NIGC") shall mean the commission 

established under IGRA. 

o. "Net Revenues" shall mean gross Gaming revenues from all Gaming Activities of a 

Gaming Enterprise, less amounts paid out as, or paid for, prizes and less total 

Gaming-related operating expenses, excluding management fees. 

p. "Notice of Results" shall have the meaning set forth in Section 10(1)(2). 

q. "Person" shall mean any natural person or entity, including but not limited to 

corporations, partnerships and trusts. 

r. "Primary Management Official" shall mean a person who has management 

responsibility for a management contract; any person who has authority to hire and fire 

employees or to set up working policy for the Gaming Enterprise; or the chief financial 

officer or other person who has financial management responsibility. At the discretion 

of the Gaming Commission, other positions or persons may be included under and 

subject to the requirements for Primary Management Officials. 

s. "Related to" shall refer to persons who are related as a father, mother, sister or brother. 

t. "Reservation" shall mean the Tribe's lands meeting the definition of 25 C.F.R. § 292.2. 

u. "State" shall mean the State of California. 

v. "State Gaming Agency" shall mean the entity or entities authorized by the State to 

investigate, approve, regulate and license Gaming pursuant to the California Gambling 

Control Act, or any successor statutory scheme, and any entity or entities in which that 

authority may hereafter be vested. 

w. "Tribal Constitution" shall mean the Document Embodying the Laws, Customs and 

Traditions of the Coyote Valley Band of Pomo Indians. 

x. "Tribal Corporation" shall mean any corporation wholly owned by the Tribe to which 

the Tribal Council has delegated managerial authority or transferred ownership over the 

COYOTE VALLEY GAMING ORDINANCE 

Page 4 of25 
Gaming Enterprise, including, but not limited to, the Coyote Economic Development 

Corporation (''CEDCO") or a subsidiary thereof. 

y. "Tribal Council" shall mean the Coyote Valley Tribal Council, the representative 

governing body of the Tribe, as set forth in the Tribe's Constitution. 

z. "Tribal Court" shall mean any court established by the Tribe to hear disputes arising 

out of this Ordinance or, if there is none that can exercise jurisdiction, then the Coyote 

Valley Tribal Council. 

aa. 'Tribal Member" shall mean any duly enrolled member of the Tribe. 

Section4. Gaming Commission. 

a. Establislunent of Gaming Commission. There is established by the Tribe a 

Commission, acting under the authority of the Tribe, to be known as the Coyote Valley 

Gaming Commission. The Gaming Commission shall be comprised of three (3) 

persons ("Commissioners") who would themselves qualify for licensing under this 

Ordinance, and shall be appointed by the Coyote Valley Tribal Council. 

b. Disqualifications for Office. The following persons shall not serve as Commissioners: 

(1) Employees of any Gaming Enterprise within the Tribe's Indian Lands; 

(2) Gaming Contractors or Persons related to any Gaming 

Contractor (including any principal thereof or Closely 

Associated Independent Contractor); 

(3) Persons who would not be eligible to be officers of the Tribe 

pursuant to the Tribe's Constitution; 

(4) No members of the Coyote Valley Tribal Council may serve on 

the Gaming Commission; 

(5) Persons who would not be licensable to serve as Key Employees 

or Primary Management Officials. 

c. Terms of Office. All members of the Gaming Commission shall be appointed for 

staggered terms of three (3) years by the Tribal Chairperson and subject to the approval 

of the Tlibal Council. 

d. Removal from Office. Commissioners may only be removed from office before the 

expiration of their terms by the Tribal Council for neglect of duty, misconduct, 

malfeasance, or other acts that would render such persons unqualified for his/her 

position or for licensure hereunder. An affirmative vote of at least five (5) members of 

the Tribal Council, taken in an open meeting after a duly noticed hearing at which the 

COYOTE VALLEY GAMING ORDINANC::E 

Page 5 of25 
Commissioner charged with misconduct shall have the right to hear and present 

evidence concerning his/her removal, shall be required to remove a member of the 

Commission. At the request of the Commissioner whose removal is at issue, the 

hearing may be held in executive session. The Tribal Council also may elect to receive 

in executive session any evidence, public disclosure of which might compromise any 

on-going law enforcement investigation. Any allegations of neglect of duty, 

misconduct, malfeasance, or other acts that would render the Commissioner 

unqualified for his or her position must be substantiated by a preponderance of the 

evidence (more likely than not). A Commissioner shall be given a reasonable 

opportunity to provide evidence rebutting the grounds for his or her removal before the 

removal is final. A wrongful removal shall entitle the affected Commissioner to 

compensation for expenses inctmed in an appeal and any pay withheld. 

e. Quorum. A majority of the Commissioners of the Gaming Commission shall constitute 

a quorum. 

f. Officers and Duties. The Gaming Commission shall elect, by majority vote, a 

Chairperson, Vice-Chairperson and Secretary. Elections for Chairperson, ViceChairperson and Secretary shall take place each time a Commissioner is newly 

appointed or reappointed by the Tribal Council. The Chairperson shall preside over 

meetings of the Gaming Commission and the Vice-Chairperson shall preside in the 

absence of the Chairperson. The Secretary shall record in writing the minutes of all 

Gaming Commission meetings and all official actions taken by the Gaming 

Commission. 

g. Voting. All actions of the Gaming Commission shall be taken by majority vote while a 

quorum exists. The Commission Chairperson may vote on any issue. 

h. Meetings. Meetings shall be held at least once per month, on the second Tuesday of 

the month at the Gaming Commission office or other location within the Tribe's Indian 

Lands chosen by the Gaming Commission. Additional meetings may be held as called 

by the Chairperson or by at least two (2) other Commissioners. Notice of meetings 

shall be given in writing to each Commissioner. Meetings may be called at any time, 

by any means, with unanimous consent of the Commissioners. 

1. Compensation for Serving. The Tribal Council shall determine and authorize the 

compensation to be paid to Commissioners based on a determination of time required 

to be expended for Commission duties and the qualifications of the appointed 

Commissioners. 

COYOTE VALLEY GAMING ORDINANCE 

Page 6 of25 
J. Powers and Duties. 

The Gaming Commission shall have the power and duty to: 

(1) Inspect, examine and monitor Gaming Activities, including the power to 

demand access to and inspect, examine, photocopy and audit all papers, 

books and records respecting such Gaming Activities; 

(2) Investigate any suspicion of wrongdoing in connection with any Gaming 

Activities; 

(3) Conduct, or cause to be conducted, such investigations as may be 

necessary to determine in connection with any Gaming Activities, 

compliance with law or this Ordinance or any contracts, agreements, 

goods, services, events, incidents, or other matters related to Gaming 

Activities; 

( 4) Conduct, or cause to be conducted, background investigations regarding 

any person in any way connected with any Gaming Activities and issue 

licenses to, at minimum, all Key Employees and Primary Management 

Officials according to requirements at least as stringent as those in 25 

C.F.R. parts 556 and 558; 

(5) Hold such hearings, sit and act at such times and places, summon 

persons within the Tribe's Indian Lands to attend and testify at such 

hearings, take such testimony, and receive such evidence as the Gaming 

Commission deems relevant in fulfilling its duties; 

(6) Administer oaths or affirmations to witnesses· appearing before the 

Gaming Commission; 

(7) Implement and administer a system for investigating, licensing and 

monitoring employees and others connected with Gaming Activities, as 

described below, including the issuance of licenses to Gaming 

Facilities, individuals and entities as required under this Ordinance and 

the IGRA; 

(8) Hear disputes against the Gaming Enterprise, in accordance with the 

procedures established in this Ordinance; 

(9) Subject to the approval of the Tribal Council and the appropriation of 

funds therefor, to employ such staff and support services as reasonably 

required to fulfill its responsibilities under this Ordinance; 

compensation of such employees shall be limited to that which is 

comparable to compensation paid to persons performing similar duties 

in other governmental Gaming regulatory agencies; 

COYOTE VALLEY GAMING ORDINANCE 

Page 7 of25 
(10) To the extent required, comply with any repo1ting requirements 

established under a tribal-state compact to which the Tribe is a party 

and other applicable law, including the IGRA; 

(11) Promulgate and issue such regulations as it deems appropriate, subject 

to review and approval by the Tribal Council, in order to implement and 

enforce the provisions of this Ordinance including, but not limited to, 

adopting rules of procedure governing how its meetings will be 

conducted; 

(12) Promulgate regulations, subject to review and approval by the Tribal 

Council, to describe and establish rules for each Class II or Class III 

games authorized to be conducted within the Tribe's Indian Lands, and 

to ensw-e that no form of Gaming may be conducted within the Tribe's 

Indian Lands without the prior approval of the Gaming Commission; 

and 

(13) Carry out such other duties with respect to Gaming Activities within the 

Tribe's Indian Lands as the Tribal Council shall direct. 

(14) The Gaming Commission has clear authority to take enforcement 

actions, including the authority to suspend or revoke an individual 

license and may order the suspension or revocation of credit card or 

pw-chase authority. To cany out its regulatory duties, the Gaming 

Commission has unrestricted access to all areas of the Gaming 

Operation and to all records. 

( 15) The Gaming Commission is empowered to act independently and 

autonomously from the Tribal Council in all matters within its purview. 

No prior or subsequent review by the Tribal Council of any actions of 

the Gaming Commission is required except as otherwise explicitly 

provided in this Ordinance. 

(16) All members of the Gaming Commission shall attend 16 hours of 

regulatory, Gaming-related training each year. 

(17) The Tribe's Gaming Operation, or the Tribal Council or the governing 

body of a Tribal Corporation shall inform the Gaming Commission of 

any non-budgeted expenditure greater than $500.00 that it intends to 

pay from the Tribe's Gaming Operation's accounts prior to making the 

expenditure. If within two business days the Gaming Commission 

dete1mines that the expenditure is not a bona fide Gaming Operating 

Expense, then the Gaming Commission shall not permit the proposed 

expenditure and shall provide their decision in writing. If the Gaming 

Commission does not take action to deny the expenditure within the two 

COYOTE VALLEY GAMING ORDINANCE 

Page 8 of25 
business days, the Tribe's Gaming Operation may prpceed with the nonbudgeted expenditme. 

(18) Establish and maintain a list of Barred Persons prohibited from entering 

the Gaming Facility who, because of their past behavior, criminal 

history, or association with persons or organizations, pose a threat to the 

integrity of the Gaming Activities of the Tribe or to the integrity of 

regulated Gaming within the State. 

(19) Forward a list of all Gaming Employees to the State Gaming Agency on 

a monthly basis, including the Gaming Employees' names, badge 

identification numbers (if any), and job titles. 

k. Amlual Reports. On or before April 30th of each year, the Gaming Commission shall 

provide to the Tribal Council an Annual Report summarizing its activities during the 

prior twelve (12) month period ending on December 31st, and accounting for all 

receipts and disbursements. The Tribal Council shall cause copies of the Annual 

Report to be made available to Tribal Members within thirty (30) days after receipt. 

l. Other Reporting Requirements. As required, the Gaming Commission shall comply 

with any repmting requirements established under the Amended Compact to which the 

Tribe is a patty, and other applicable law, including the IGRA and regulations 

promulgated thereunder. 

m. Prohibitions. 

Section 5. 

(1) Members of the Gaming Commission, the Tribal Council, and the 

governing body of a Tribal Corporation are prohibited from gambling in 

the Casino. 

(2) Members of the Gaming Commission, the Tribal Council, and the 

governing body of a Tribal Corporation are prohibited from accepting 

complimentary items valued at more than fifty dollars ($50.00) from the 

Casino. 

Permitted Gaming Activities. 

a. Unauthorized Gaming Prohibited. All Gaming Activities within the Tribe's Indian 

Lands (whether Class I, II or III) are prohibited except as expressly authorized under 

this Ordinance. 

(1) Class I Gaming. Class I Gaming Activities are hereby permitted to the 

extent consistent with Tribal custom and practice. The Gaming 

Commission may prohibit and prevent any conduct which is claimed to 

be Class I Gaming if the Gaming Commission finds that such conduct is 

COYOTE VALLEY GAMING ORDINANCE 

Page 9 of25 
Section 6. 

not in accordance with Tribal customs or practices or violates IGRA or 

any other applicable federal, state or Tribal law. 

(2) Class II and Class III Gaming. Class II and Class III Gaming within the 

Tribe's Indian Lands is hereby authorized, provided the Tribe has the 

sole proprietary interest in and responsibility for the conduct of any 

Gaming enterprise, or to the extent the Tribe may contract with any 

licensed person or entity to own, operate or manage the enterprise 

pursuant to the provisions of IGRA or as otherwise permitted by law, or 

as otherwise pemutted by Section 2 of this Ordinance. Nothing herein 

shall prohibit the Tribe from engaging the services of non-Tribal persons 

as employees thereof or engaging any person or entity to provide 

consulting or other technical assistance or to assist the Tribe in the 

management of Gaming Activities pursuant to a management agreement 

entered into under the provisions of IGRA. Class III Gaming shall be 

conducted in accordance with any tribal-state compact between the 

Tribe and the State, or any alternative thereto as provided by IGRA. 

Gaming Revenues. 

a. Tribal Property. Except as provided for under the terms of an agreement pursuant to 

the provisions of IGRA or as otherwise pe1mitted by law, all revenues generated from 

any Class II or Class III Gaming Activities are the property of the Tribe. Any profits or 

net revenues from Gaming Activities shall be deposited into the Tribe's general 

treasury or such other account as the Tribe shall determine. Once becoming pru1 of the 

treasury, such funds shall lose any identity as Gaming revenues except to the extent 

necessary to identify them as such in order to comply with applicable law. No Tribal 

Member shall be deemed to have any interest in such profits or net revenues, provided 

that the Tribal Council may adopt rules for distributing Gaming proceeds to Tribal 

Members on a per capita basis provided such plan meets the requirements of IGRA, 25 

U.S. C. § 2710 (b )(3 ). Payments of the general treasury funds to Tribal Members for the 

promotion of general welfare under a governmental program of the Tribe, including but 

not limited to payments related to health, welfare, education, elderly care, and housing, 

shall not be deemed to be per capita payments. 

b. Use of Net Revenues. Net Revenues from Gaming Activities shall not be used for 

purposes other than: 

(1) To fund tribal government operations or programs; 

(2) To provide for the general welfare of the Tribe and its members; 

(3) To promote economic development for the Tribe; 

(4) To donate to charitable organizations; or 

COYOTE VALLEY GAMING ORDINANCE 

Page JO of25 
(5) To help fund operations of local government agencies. 

Section 7. Operation of Gaming Enterprises. 

d. Licensed Gaming Facilities. Except to the extent authorized by an agreement pursuant 

to the provisions of IGRA or as otherwise permitted by law and this Ordinance, 

Gaming Activities shall only be conducted in Tribally licensed Gaming Facilities 

pursuant to the provisions of this Ordinance. The Gaming Facilities shall be Tribally 

owned unless the Tribe chooses to allow individually owned Class 11 Gaming pursuant 

to Sections 2(b) and 2(c). Such Gaming Activities shall be conducted in accordance 

with the te1ms and conditions of any license issued by the Tribe for such purposes as to 

each Gaming Facility before any Gaming Activities may occur therein. Such licenses 

shall specify the hours of operation, type and scope of Gaming Activities allowed 

therein, permitted uses of the Gaming Facility for other activities, rules of conduct for 

employees and patrons, regulation of alcoholic beverages, food handling and 

entertainment, and such other matters as the Gaming Commission or the Tribal Council 

may deem necessary to the conduct of Gaming Activities therein. 

a. Protection of Environment and Public. Any construction or maintenance of any 

Gaming Facility, and the operation of Gaming therein, shall be conducted in a manner 

which adequately protects the environment and the public health and safety. 

b. Patron Dispute Resolution Regarding Alleged Compensable Injuries. Patrons who 

have claims against the Gaming Enterprise or against any management contractor 

which could constitute Compensable Injuries, as that term is defined in the Tort Claims 

Ordinance, shall have the right to file a petition for relief with the Gaming Commission 

and the patron's claims will be processed in conformity with the Tort Claims 

Ordinance. 

c. Patron Dispute Resolution Regarding Alleged Winnings and Cheating. Whenever any 

Gaming Operation or Gaming management contractor is accused by a patron of 

cheating at the playing of any game or any Gaming Operation or Gaming management 

contractor refuses payment of alleged winnings to a patron, and the general manager of 

that Gaming Operation and the patron are unable to resolve the dispute to the 

satisfaction of the patron and the dispute involves: 

(1) Less than $500 of alleged winnings: the general manager shall 

investigate the dispute and offer an appropriate resolution to the patron 

and shall notify the Gaming Commission of the dispute. The general 

manager shall also inform the patron of his or her right to request that the 

Gaming Commission conduct an investigation and the fact that the patron 

must request an investigation within seven (7) days of the alleged 

cheating or payment refund. Upon receipt of such a request, the Gaming 

Commission shall conduct whatever investigation it deems necessary and 

COYOTE VALLEY GAMING ORDINANCE 

Page 11 of25 
Section 8. 

shall determine within fifteen (15) days whether payment should be 

made; or 

(2) At least $500 of alleged winnings: the general manager shall immediately 

notify the Gaming Commission, in writing. The Gaming Commission 

shall immediately conduct whatever investigation it deems necessary and 

shall determine, within fifteen ( 15) days of notification, whether a refund 

of the wager, in the event of cheating, or payment should be made. 

(3) If the dispute results from an equipment malfunction or violation of an 

operations procedure or Gaming Commission regulation, the general 

manager shall immediately correct the problem or disable the equipment 

to ensure that a similar problem does not occur in the future. In addition, 

the general manager shall notify the Gaming Commission within five (5) 

calendar days of the malfunction of the steps that were taken. 

(4) Patrons may obtain a complaint form at any time. 

(5) Patrons who have complaints against the Gaming Operation or disputes 

with any Gaming management contractor or its employees related to 

alleged winnings or cheating shall have the right to file a petition for 

relief with the Gaming Commission and the patron's complaints will be 

processed in conformity with Regulation 8, Patron Complaints. 

Annual Audits. 

Annual outside auditing of each Gaming Activity by a recognized independent accounting 

firm shall be conducted and the results thereof reported to the Tribal Council, the State of 

California as required by the Amended Compact, and to the extent required by law, the Bureau of 

Indian Affairs and the NIGC. 

Section 9. Contract Audit Requirements. 

All contracts for supplies, services, or concessions for a contract amount in excess of $25,000 

annually (except contracts for professional legal or accounting services) relating to Class JI or 

Class III Gaming within the Tribe's Indian Lands shall be subject to independent audits. 

Section 10. Licenses. 

a. Licensing and Background Investigation Requirements. It is the declared policy of the 

Tribe that all Gaming Activities be licensed and controlled so as to protect the morals, 

good order and welfare of Tribal Members and other persons within the Tribe's Indian 

Lands and to preserve the honesty, fairness and integrity of such Gaming Activities. 

Accordingly, no person shall engage in any Class ll or Class III Gaming Activities 

within the Tribe's Indian Lands without an appropriate and valid Class II or Class III 

COYOTE VALLEY GAMlNG ORDlNANCE 

Page 12 of25 
license issued by the Gaming Commission. Any license which is issued, or finding of 

eligibility or approval by the Gaming Commission. shall be deemed a privilege subject 

to suspension or revocation. No license shall be issued that would place the Tribe in 

violation of the IGRA, regulations promulgated thereunder or, as applicable, provisions 

of a tribal-state compact. or of any applicable law, including Tribal law. 

(1) Gaming Commissioners shall be subjected to a background investigation 

and deemed suitable by the Tribal Council before appointment to the 

Gaming Commission. 

(2) Gaming Commission employees shall be subjected to a background 

investigation and deemed suitable by the Gaming Commission before 

employment with the Gaming Commission. 

(3) For applicants who are business entities, the licensing provisions of this 

Ordinance shall apply to the entity as well as to: 

(a) Each of its officers and directors; 

(b) Each of its principal management employees, including any chief 

executive officer, chief financial officer, chief operating officer, 

and general manager; 

( c) Each of its owners or partners, if an unincorporated business; and 

(d) Each of its shareholders who owns more than ten (10%) of the 

shares of the corporation, if a corporation. 

( 4) The licensing provisions of this Ordinance shall apply to each Financial 

Source as defined in Section 2.5 of the Amended Compact that, alone or 

in combination with others, has provided financing in connection with 

any Gaming Activities if that Financial Source provided more than ten 

percent ( 10%) of either start-up capital, or of a combination thereof, over 

a twelve (12) month period. The following entities arc exempt from 

Financial Source licensing: 

(a) A federally-regulated or state-regulated bank, savings and loan 

association, or other federally or state-regulated lending institution; 

(b) An entity described in the California Gambling Control 

Commission's Uniform Tribal Gaming Regulation CGCC..:2, 

subdivision (f), when that entity is a Financial Source solely by 

reason of being (i) a purchaser or a holder of debt secwities issued 

directly or indirectly by the Tribe for a Gaming Enterprise or (ii) the 

owner of a paiticipation interest in any amount of indebtedness for 

which a federally-regulated or state-regulated bank, savings and loan 

COYOTE VALLEY GAMING ORDINANCE 

Page 13 of2S 
association, or other federally or state-regulated lending institution is 

the creditor; 

(c) An investor who, alone or together with any persons controlling, 

controlled by or under common control with such investor, holds less 

than ten percent ( 10%) of all outstanding debt securities issued 

directly or indirectly by the Tribe for a Gaming Enterprise; 

( d) An agency of a federal, state or local government providing 

financing, together with any person purchasing any debt securities of 

the governmental agency to provide such financing; 

(e) An entity described in the 

Commission's Uniform Tribal 

subdivision (h); and 

Califomia Gambling Control 

Gaming Regulation CGCC-2, 

(f) A person or entity whose sole connection with a provision or 

extension of financing to the Tribe is to provide loan brokerage or 

debt servicing for a Financial Source at no cost to the Tribe or the 

Gaming Operation, provided that no portion of any financing 

provided is an extension of credit to the Tribe or the Gaming 

Operation by that person or entity. 

b. Applicant Claim of Privilege. An applicant may claim any privilege afforded by law in 

connection with a Gaming license application or investigation, but a claim of privilege 

with respect to any testimony or evidence pertaining thereto may constitute sufficient 

grounds for denial, suspension or revocation. 

c. Release of Infonnation. All persons applying for a license shall agree to release the 

information necessary in order for the Gaming Commission to achieve its goals under 

this Ordinance, and to furnish such information to the Bureau of Indian Affairs, the 

NIGC, the State of Califomia, or such other govemmental agency as may be required by 

applicable law. 

d. Types of L icenses. Three classes of licenses (Class A, Class B, and Class C) shall be 

issued to persons and entities associated with Gaming Activities. 

( 1) Class A Licenses. Before permitting any person to become permanently 

associated with any Gaming Activities as an investor, management entity, 

or other person owning or controlling ten percent (10%) or more of any 

interest in any management entity, or any Primary Management Official, 

Key Employee, Closely Associated Independent Contractor, or other 

individual or entity with significant influence over the management or 

operation of the Gaming Operation, or a Class II or III Gaming 

Employee, supplier, manufacturer or distributor, such person shall obtain 

COYOTE VALLEY GAMING ORDINANCE 

Page 14 of25 
a Class A license. The Gaming Commission shall conduct or cause to be 

conducted a background investigation to dete1mine if such person has: 

(a) Any criminal record or any reputation, prior activities, habits 

or associations which might pose a threat to the public interest 

or to the effective regulation of Gaming. 

(b) Anything else in their background which might create or 

enhance the dangers of unsuitable, unfair, or illegal practices 

and methods and activities in the conduct of Gaming. 

(2) Class B Licenses. Persons who are not among those identified in 

subsection (1) above, but are to be employed at a Gaming Facility within 

the Tribe's Indian Lands in some other capacity, such as in non-Gaming 

related activities, shall be required to obtain a Class B license from the 

Gaming Commission. Such persons must establish that they have not 

engaged in any activity or been convicted of a crime which the Gaming 

Commission, in its sole discretion, deems would render such person a 

danger to the safety or integrity of the Gaming Activities or the safety or 

property of the Tribe, any Tribal Member, any Gaming Employee or 

patron, or the public. 

(3) Class C Licenses. Minors (persons under 21 years of age) employed at a 

Gaming Facility within the Tribe's Indian Lands may be issued a Class 

C license, which will entitle them to work in any position for which a 

Class B license is required for adults and not otherwise prohibited by 

law, provided such minors are not deemed by the Gaming Commission 

to pose any threat to the safety or integrity of the Gaming Activities or 

the safety or property of the Tribe, any Tribal Member, any Gaming 

Employee or patron, or the public. The Class C license shall be valid for 

no more than six (6) months before renewal, and shall be revoked upon 

the minor> s reaching the age of 21, at which time a Class A or B license, 

as may be appropriate, will be required. Minors shall not be employed 

as dealers or otherwise to operate or supervise the operations of gan1es, 

or to serve liquor. Minors with Class C licenses are prohibited from 

being present on the Gaming floor at all times, unless they are en route 

to a non-Gaming area. 

e. License Renewal. Class A and Class B licenses shall be subject to renewal at least 

every two (2) years, and may be revoked or suspended upon the occurrence of any act 

which, if known during the application process, would have tended to disqualify such 

person for such a license. 

f. Temporary Licenses. Pending completion of an investigation for a license, temporary 

licenses of no more than ninety (90) days dmation may be issued by the Gaming 

Commission if in its sole discretion it deems it appropriate to do so after conducting a 

COYOTE VALLEY GAMfNG ORDINANCE 

Page 15 of25 
satisfactory preliminary background investigation. Such licenses shall permit the 

licensee to engage in such activities and pursuant to such terms and conditions as may 

be specified by the Gaming Commission. Such temporary licenses shall expire ninety 

(90) days from date of issuance, upon issuance of a regular license, or until an earlier 

specified expiration date, whichever o~curs first. 

g. License Investigations. The Gaming Commission may employ all reasonable means, 

including the engagement of outside services and · investigators and the holding of 

hearings, to acquire the info1mation necessary to determine whether or not a license 

should be issued. Applicants shall also agree to release the information necessary in 

order for the Gaming Commission to achieve its goals under this section and to furnish 

such information to the Bureau of Indian Affairs, the NIGC, or such other agency as 

may be required by law. 

h. License Fees. Unless specifically waived by the Gaming Commission, all license 

applicants shall be required to pay all applicable license fees and costs when due, 

including a reasonable deposit for costs incurred in obtaining info1mation in connection 

with the license application. Estimates of licensing costs shall be provided to applicants 

upon reasonable request. Payment for all reasonable fees and costs must be received by 

the Gaming Commission prior to issuance of the license, except for Gaming Employee 

license fees, which may be paid in installments tlu·ough payroll deduction. Tribal 

Members are exempt from all license fees. 

1. Appeals. All decisions of the Gaming Commission regarding the issuance or revocation 

of licenses shall be effective when issued. An applicant or licensee whose license is 

denied, revoked or suspended may, within thhty (30) days after the date of receipt of a 

written decision of the Gaming Commission, file a petition with the Gaming 

Commission requesting a hearing to reconsider the decision, and shall have the right to 

appeal such decision to the Tribal Council in accordance with such rules and regulations 

as may be promulgated by the Tribal Council for that purpose. Any Tribal Member who 

is denied a license by the Gaming Commission may, within sixty (60) days of written 

notice of such denial, appeal the denial to the Gaming Commission, which shall have the 

power to reverse its prior decision and order that a license be issued. The Tribal 

Member shall have the right to appeal the denial decision to the Tribal Council. If the 

Gaming Commission or Tribal Council reverses a prior licensw-e decision and issues a 

license to an applicant or licensee, such license shall not be issued for more than one ( 1) 

year, shall be subject to the renewal procedures set fqrth herein, and such reversal order 

and issuance of a license shall only be valid if to do so would not place the Tribe in 

violation of the Amended Compact or of any applicable law. The Tribal Council may, 

by resolution, delegate its duties described in this subsection to a Tribal Court. 

J. Background Investigations. 

(1) For each Gaming Employee, Primary Management Official and Key 

Employee in its Gaming operation(s), the Gaming Commission is the 

designated law enforcement agency for perf01ming background 

COYOTE VALLEY GAMfNG ORDINANCE 

Page 16 of25 
investigations and collecting fingerprints. The Gaming Commission shall 

request from each Gaming Employee, Primary Management Official and 

each Key Employee all of the information specified in subsections (a) 

through (n) below. Further, each other applicant for a Class A license, 

except as provided otherwise by the Gaming Commission, shall also 

submit the information specified in (a) through (n) below. The Gaming 

Commission reserves the right, at any time, to request additional 

information either prior to, during. or subsequent to any background 

investigation. 

(a) Full name, other names used (oral or written), social security 

number(s), date of bhth, place of birth, citizenship, gender, 

all languages (spoken or written); 

(b) Currently and for at least the previous ten (10) years: business 

and employment positions held, ownership interests in those 

businesses, business and residence addresses and drivers 

license number(s); 

( c) Nam es and current addresses of at least three (3) personal 

references, including one personal reference who was 

acquainted with the applicant during each period of residence 

as listed under subsection (b) above; 

( d) Current business and residence telephone numbers, and all 

cell phone numbers; 

( e) Description of any exist mg and previous business 

relationships with the Gaming industry generally, including 

ownership interests in those businesses; 

(f) A description of any existing and previous business 

relationships with Indian tribes, including ownership interests 

in those businesses; 

(g) Name and address of any licensing or regulatory agency with 

which the person has ever filed an application for a license or 

permit related to Gaming, whether or not such license or 

permit was granted; 

(h) For each felony for which there is an on-going prosecution or 

a conviction: the charge, the name and address of the court 

involved, and the date and disposition, if any, of the case; 

(i) For each misdemeanor conviction or on-going misdemeanor 

prosecution (excluding minor traffic violations) within ten 

COYOTE VALLEY GAMING ORDINANCE 

Page 17 of25 
( 10) years of the date of the application: the name and address 

of the court involved, and the date and disposition, if any, of 

the case; 

G) For each criminal charge (excluding minor traffic charges), 

whether or not there is or was a conviction, if such criminal 

charge is within ten (10) years of the date of the application 

and is not otherwise listed above pursuant to subsections (h) 

or (i) above: the criminal charge, the name and address of the 

court involved and the date and disposition, if any, of the case; 

(k) Name and address of any licensing or regulatory agency 

(federal, tribal, state, local or foreign) with which the person 

has filed an application for an occupational license or permit, 

whether or not such license or pe1mit was granted; 

(I) Current ph_otographs; 

(m)Any other information the Tribe or Gaming Commission 

deems relevant; and 

(n) Fingerprints obtained by the Gaming Commission m 

accordance with Section 10(j)(3) below. 

(2) In conducting the background investigation, the Gaming Commission 

and its agents shall promise to keep confidential the identity of each 

person interviewed in the course of the investigation. 

(3) The Gaming Commission shall be the designated law enforcement 

agency for taking the applicant's fingerprints. 

(4) The Gaming Commission shall forward the fingerprints to the NIGC 

such that it can forward them for processing through the Federal Bureau 

oflnvcstigation to determine the applicant's criminal history, if any, and 

perform or arrange to have performed the necessary background 

investigation of the applicant required by this Ordinance. Such 

investigation shall include contacting each reference provided in the 

application and taking all appropriate steps necessary to verify the 

accuracy of the information contained in the application. There shall be 

a written investigation report of the findings and conclusions of each 

investigation. The investigative rep01t shall include: (1) the steps taken 

in conducting a background investigation; (2) the results obtained; (3) 

the conclusions reached; and ( 4) the basis for the conclusions. The 

Gaming Conunission shall review the findings and conclusions of the 

report for the purpose of determining whether to grant or deny the 

license applied for. 

COYOTE VALLEY GAMING ORDINANCE 

Page 18 of2S 
( 5) When a Primary Management Official or Key Employee is employed by 

the Tribe, a complete application file, containing all of the information 

listed in Section IO(j)(l) shall be maintained for a period of at least three 

(3) years from the date of termination of employment. 

k. Eligibility Determination. 

(1) Before a license is issued to a Gaming Employee, Primary Management 

Official or Key Employee, the Gaming Commission shall review a 

person's prior activities, criminal record, if any, and reputation, habits 

and associations to make a finding concerning the eligibility of a 

Gaming Employee, Key Employee or Primary Management Official for 

to be licensed as an employee in a Gaming operation. If the Gaming 

Commission determines that licensure of the person poses a threat to the 

public interest or to the effective regulation of Gaming, or creates or 

enhances dangers of unsuitable, unfair, or illegal practices and methods 

and activities in the conduct of Gaming, the Gaming Enterprise shall not 

license that person in a Gaming Employee, Key Employee or Primary 

Management Official position or in any other position for which a Class 

A license is required, (except as specifically established for Class A 

licenses by the Gaming Commission). Copies of the eligibility 

determination shall be included with the Notice of Results that must be 

submitted to the NIGC before the licensing of a Primary Management 

Official or Key Employee. 

(2) With respect to all Gaming Employees, Primary Management Officials, 

and Key Employees, upon receipt of an applicant's completed license 

application or renewal application, and a dete1mination to issue either a 

temporary or permanent license, the Gaming Commission shall transmit 

a "notice of intent" to license the applicant to the State Gaming Agency 

for a determination of eligibility for licensure under the California 

Gambling Control Act, together with all of the following: 

(a) A copy of all tribal license application materials and 

information received by the Gaming Commission from the 

applicant; 

(b) A complete set of fingerprint impressions, rolled by a 

certified fingerprint roller, transmitted electronically; 

( c) A cunent photograph; and 

(d) Except to the extent waived by the State Gaming Agency, 

such releases of information, waivers, and other completed 

COYOTE VALLEY GAMING ORDINANCE 

Page 19 of25 
and executed forms as have been obtained from the applicant 

by the Gaming Commission. 

l. Forwarding the Notice of Results to the NIGC for Key Employees and Primary 

Management Officials. 

( 1) On or before the date a Key Employee or Primary Management Official 

is licensed by the Gaming Commission, the Gaming Commission shall 

forward to the NIGC the Notice of Results, as that term is defined below, 

regarding the person and shall retain the application in an active file in 

accordance with subsection (3) below. 

(2) The "Notice of Results'' shall include the following inf01mation: 

(a) The applicant's name, date of birth, and social security 

number; 

(b) The date on which the applicant began, or will begin, working 

as a Primary Management Official or Key Employee; 

(c) A summary of the information presented in the investigative 

report, including: licenses that have been previously denied; 

Gaming licenses that have been revoked, even if subsequently 

reinstated; every known criminal charge brought against the 

applicant within the last ten (10) years of the date of the 

application, and; every felony offense of which the applicant 

has been convicted or any ongoing prosecution; and 

(d) A copy of the eligibility determination made in accordance 

with Section 1 O(k) of this Ordinance. 

(3) Prior to issuing a license to a Key Employee or Primary Management 

Official, the Gaming Commission, acting on behalf of the Tribe, shall 

forward to the NIGC the Notice of Results for each backgrow1d 

investigation. The Notice of Results for each background investigation 

shall be forwarded to the NlGC within sixty (60) days after the 

employee begins work, or within sixty (60) days of the approval of this 

Ordinance by the NIGC. The Gaming Enterprise shall not employ or 

continue to employ any person as a Key Employee or Primary 

Management Official who does not have a license within ninety (90) 

days of beginning work. 

(4) The Gaming Commission, acting on behalf of the Tribe, shall provide to 

the NIGC or other agency, any other report~ and information required 

by IGRA and regulations promulgated thereunder. Further, with respect 

to Key Employees and Primary Management Officials, the Gaming 

COYOTE VALLEY GAMING ORDINANCE 

Page 20of25 
Conunission shall retain applications for employment, applications for 

licensing, investigative reports of background investigations, and 

eligibility determinations for inspection by the NIGC for no less than 

tluee (3) years from the date of termination of the person,s employment. 

(5) If a license is not issued to an applicant, the Gaming Commission shall 

notify the NIGC and shall forward copies of its Notice of Results, 

including the eligibility determination, to the State Gaming Agency and 

the NIGC for inclusion in the Indian Gaming Individuals Records 

System. 

m. Granting a Gaming License. 

(1) If, within a thirty (30) day period after the NIGC receives a Notice of 

Results as required under subsection 10(1)(1) and (2) above, the NIGC 

notifies the Gaming Conunission that it has no objection to the issuance 

of a license, then the Gaming Conunission may issue the license. 

(2) The Gaming Conunission shall provide any additional info1mation 

requested by the NIGC concerning a Key Employee or Primary 

Management Official who is the subject of a Notice of Results as 

required under this subsection. An NIGC request for additional 

inf01mation shall suspend the thirty (30) day period established under this 

subsection until the NIGC receives the additional information. 

(3) If, within the thhty (30) day period established under this section, the 

NIGC provides a statement itemizing objections to issuance of a license 

to a Key Employee or Primary Management Official, the Gaming 

Commission shall reconsider the application, taking into account such 

objections. The Gaming Commission retains the right to make the final 

dete1mination whether to issue the license to such applicant. 

(4) The Gaming Commission may issue a license to a Primary Management 

Official or Key Employee if tht: NIGC fails tu respond lo the Gaming 

Conunission,s Notice of Results within the thirty (30) day period. 

However, if after the issuance of a Gaming license, the NIGC notifies the 

Gaming Commission that a Key Employee or Primary Management 

Official is not eligible for a license, then the Gaming Commission shall 

immediately suspend the license, in accordance with the procedures of 

Section lO(n). 

(5) The Gaming Commission shall notify the NIGC of the issuance of a 

license to a Primary Management Official or Key Employee within thirty 

(30) days of issuance. 

COYOTE VALLEY GAMING ORDINANCE 

Page 21 of25 
(6) Using the information provided by the Gaming Commission in Section 

1 O(k)(2), the State Gaming Agency shall issue a determination of 

eligibility for each Gaming Employee. The Gaming Commission shall 

not issue a license for any applicant who is determined to be unsuitable 

by the State \Jaming Agency. 

n. License Suspension. 

(1) If, after issuance of a license, the Tribe receives reliable information 

from the NIGC or other reliable source indicating that a Key Employee 

or a Primary Management Official is not eligible for licensure under the 

eligibility criteria established in section 10 above, the Gaming 

Commission shall suspend the license and shall notify the licensee in 

writing of the license suspension and proposed revocation. The right to 

a revocation hearing vests only upon receipt of a license granted under 

this Gaming Ordinance. 

(2) The Gaming Commission shall notify the licensee of a time and place 

for a hearing on the proposed revocation of a license. 

(3) After the revocation hearing, the Gaming Conunission shall determine 

whether to revoke or to reinstate the license. For actions taken in 

response to information provided by the NIGC, the Gaming 

Commission shall notify the NIGC of its decision within forty-five (45) 

days of receiving notification from the NIGC that the licensee is not 

eligible for licensure. 

o. Separate Gaming Facility Licenses Required. A separate license shall be required for 

each place, Gaming Facility, or location on any land where Class II and/or Class III 

Gaming is to be conducted within the Tribe's Indian Lands. Before Class II or Class III 

Gaming Activities can be conducted therein, the Gaming Commission shall inspect and 

license each Gaming Facility in accordance with Section 7(a) of this Ordinance and any 

requirements of IGRA. 

p. Denying Gaming Licenses. The Gaming Commission shall not license a Primary 

Management Official or Key Employee if the Gaming Conunission determines that 

licensing the person poses a threat to the public interest, poses a threat to the effective 

regulation of Gaming, or creates or enhances the dangers of unsuitable, unfair or illegal 

practices, methods, and/or activities in the conduct of Gaming. When the Gaming 

Commission does not issue a license to an applicant for a Primary Management Official 

or Key Employee position, it shall notify the NIGC and the State Gaming Agency and 

forward copies of its Notice of Results to the NIGC and to the State Gaming Agency. 

Section 11. Application Forms. 

COYOTE VALLEY GAMING ORDINANCE 

Page 22of25 
a. Each application form for a Key Employee or a Primary Management Official, as well 

as for all other Class A license applicants shall contain the notices set forth in 

subsections (1) and (2) below, pursuant to 25 C.F.R § 556.2 and§ 556.3: 

( 1) Privacy Act Notice: 

In compliance with the Privacy Act of 1974, the following information 

is provided: Solicitation of the information on this form is authorized by 

25 U.S.C. §2701 et seq. The purpose of the requested information is to 

determine the eligibility of individuals to be granted a Gaming license. 

The information will be used by Tribal Gaming regulatory authorities 

and by the National Indian Gaming Commission (NIGC) members and 

staff who have need for the information in the performance of their 

official duties. The information may be disclosed by the Tribe or the 

NIGC to appropriate federal, tribal, state, local, or foreign law 

enforcement and regulatory agencies when relevant to civil, criminal or 

regulatory investigations or prosecutions or when pursuant to a 

requirement by a Tribe or the NIGC in connection with the issuance, 

denial, or revocation of a Gaming license, or investigations of activities 

while associated with a Tribe or a Gaming operation. Failure to consent 

to the disclosures indicated in this notice will result in a Tribe's being 

unable to hire you in a Primary Management Official or Key Employee 

position. 

The disclosure of your Social Secmity Number (SSN) is voluntary. 

However, failure to supply a SSN may result in elTors in processing your 

application. 

(2) Notice Regarding False Statements. 

A false statement on any part of your license application may be 

grounds for denying a license or the suspension or revocation of a 

license. Also, you may be punished by fine or imprisonment (U.S. 

Code, title 18, § 1001 ). 

b. Any existing Key Employee or Primary Management Official, or any other Class A 

licensee unless otherwise specifically exempted by the Gaming Commission, that has 

not completed an application form containing the language set forth in Section 11 .a (1) 

and (2) above, shall be notified that they must either: 

(1) Complete a new application form that contains the Privacy Act Notice 

and the Notice Regarding False Statements; or 

COYOTE VALLEY GAMlNG ORDINANCE 

Page23 of25 
(2) Sign a statement that contains the Privacy Act Notice and consent to the 

routine uses described in that notice, and sign a statement that contains 

the Notice Regarding False Statements. 

Section 12. Class III Gaming; Tribal-State Compacts. 

In addition to the provisions set fo1th above, no Class III Gaming shall be engaged in within 

the Tribe's Indian Lands without a tribal-state compact being in effect in accordance with the 

IGRA. All negotiations for such tribal-state compacts shall be conducted through the Tribal 

Council, with the advice and suggestion of the Gaming Commission, and shall be finalized in 

accordance with Tribal and federal law. To the extent any provision of the Tribe's then in effect 

tribal-state compact is inconsistent with the provisions of this Ordinance, such tribal-state compact 

shall prevail. The Amended Compact is deemed to be incorporated by reference herein. The Tribe 

shall adopt and maintain all required ordinances and regulations set forth in the Amended Compact. 

Section 13. Interest in Management Contracts by Tribal Officials. 

No elected official of the Tribe, including the Gaming Conunission or any other committee 

or agency of the Tribe, shall have a financial interest in or management responsibility for, any 

management agreement entered into pursuant to IGRA, nor shall such elected official serve on the 

board of directors or hold (directly or indirectly) ten percent (10%) or more of the issued and 

outstanding stock of any corporation, or ten percent ( 10%) or more of the beneficial interest in any 

partnership, trust, or other entity, in any such corporation, partnership, trust or other entity, having 

a financial interest in, or management responsibility for, such contract. 

Section 14. Service of Process. 

The Tribe designates as its agent for the service of any official determination, order, or 

notice of violation, the Chairperson of the Tribe. 

Section 15. Tribal Corporation. 

Nothing in this Ordinance shall prevent the Tribe, through its Tribal Council, from 

delegating co11duct or ownership of any Gan1ing Operation and I or Gaming Facilities and/or 

enterprise(s) of the Tribe to a Tribal Corporation, so long as such Tribal Corporation agrees to 

meet all criteria and requirements established lUlder this Ordinance. 

Section 16. Repeal of Prior Gaming Ordinance; Effective Date. 

This Ordinance and the regulations promulgated thereunder shall constitute the entire 

Gaming regulations of the Tribe. All prior Gaming acts and ordinances of the Tribe are repealed, 

and this Ordinance shall become effective upon its approval by the NIGC. 

COYOTE VALLEY GAMING ORDINANCE 

Page 24 of25 
Section 17. Severability. 

If any provision or application of this Ordinance is dete1mined by review to be invalid, 

such determination shall not be held to render such provision inapplicable to other persons or 

circumstances, nor shall such determination render invalid any other provision of this Ordinance. 

Section 18. Amendments. 

a. Without in any way limiting the constitutional powers of the General Council, all 

provisions of this Ordinance are subject to revision, repeal, or amendment by the Tribal 

Council at a duly called Tribal Council meeting. Revisions and amendments shall 

require subsequent approval by the NIGC and then the Chief of the General Council in 

accordance with the Tribal Constitution in order for the revisions or amendments to 

take effect. 

b. The Gaming Commission may recommend revision, repeal or amendment of Gaming 

regulations promulgated pursuant to this Ordinance but such revision, repeal or 

amendment must be approved by the Tribal Council. 

The foregoing Ordinance was approved at a regular meeting of the Coyote Valley Tribal 

Council held on the __ day of , __ , by a vote of __ yes, noes, 

and abstentions. 

Michael Hunter, Tribal Chairperson Candace Gonzales, Tribal Secretary 

The foregoing amendments to this Ordinance were approved by the Chief on the __ day 

Hiram Campbell, Chief 

COYOTE VALLEY GAMING ORDINANCE 

Page 25 of25