BY FIRST-CLASS MAIL 

Linda Howard, Chairwoman 

Yerington Paiute Tribe 

171 Campbell Lane 

Yerington, NV 89447 

December 9, 2015 

Re: Yerington Paiute Tribe Gaming Ordinance 

Adopted on May 4, 2015, by Resolution No. RY15-11 

Dear Chairwoman Howard: 

This letter responds to your request on behalf of the Yerington Paiute Tribe for the 

National Indian Gaming Commission to review and approve the Tribe's first gaming ordinance. 

The gaming ordinance was adopted on May 4, 2015 by Resolution No. RY15-1 l. 

Thank you for submitting the gaming ordinance for my review. The ordinance is 

approved, as it is consistent with the requirements of the Indian Gaming Regulatory Act and the 

NIGC's regulations. 

If you have any questions, please feel free to contact Armando Acosta, Senior Attorney, 

at 202-632-7003. 

Sincerely 

I 

Jonodev 0. Chaudhuri 

Chairman 

cc: Charles R. Zeh, Esq. (via email: CRZeh@aol.com) 

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stap # 1621 Washington, DC 20 240 Tel: 202.632-7003 Fax: 20 2.632.7066 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa OK; Okla homa City, OK 

WWW.NIGC.GOV 
Tribal Chairman 

Linda L. Howard 

Vice-Chairman 

Wayne Garcia 

Member 

Albert Roberts 

Member 

Victor Sam, Sr. 

Member 

Eleanor Smith 

Member 

Delmar Stevens 

Member 

Laverne Roberts 

YERINGTON PAIUTE TRIBE 

171 Campbell Lane 

Yerington, NV 89447 

Phone: (775) 463-3301 

Fax: (775) 463-2416 

Resolution No: RYlS-11 

Be it resolved by the Council of the Yerington Paiute Tribe: 

WHEREAS, the Yerington Paiute Tribe of Nevada adopted and ratified their 

Constitution according to Section 16 of the Indian Reorganization Act of June 8, 

1934; (48 Stat. 984) as amended by the Act of June 15, 1935; (49 Stat. 378) and 

which was amended January 5, 1976; February 9, 1999; April 1, 2004 and February 

13, 2013; and 

WHEREAS, the Yerington Paiute Tribal Council is the recognized governing body 

of the Yerington Paiute Tribe according to Article III Section 1 of its Constitution; 

and 

Deputy Administrator 

Deborah Dunn 

WHEREAS, the Council is empowered by its Constitution to provide for the health, 

safety a.11d welfare of its people and to ensw·e certain of its lands for housing, parks, 

businesses, roadways and community facility/office development; and 

Seoretary of Record 

Shelley Cunningham WHEREAS, the Yerington Paiute Reservation and Colony is a small land and 

people based Tribe comprised of some 1600 acres of land and a population of some 

500 residents, located 85 miles south of Reno, and which Reservation and is located 

some 10 miles north of the town of Yerington and which Colony land is located 

within the city limits of Yerington; and 

WHEREAS, the Council is endeavoring to find ways to diversify and expand the 

economic base of the Tribe for the benefit of its membership; and 

WHEREAS, in furtherance of its economic diversification efforts, the Council 

hereby finds that it is within the goals and principles of the Tribe's self-determination, 

economic outlook, economic diversification plans, and the health and welfare of its 

membership to engage in Class II and Class 1II Gaming on Tribal lands as permitted 

by Public Law 100-497, the Indian Gaming Regulatory Act, codified at 25 U.S.C. §§ 

2701-2721 and 18 U.S.C. §§ 1166-1168; and 

WHERF.AS, the Council finds that gaming is the primary economic driver of the 

State of Nevada, where gaming (Class III) is legal and evident throughout the State; 

and 

WHEREAS, the Coμncil believes that it lies within the economic best interests of the 

Tribe to participate, to the extent economically feasible, in the business of gaming 

which is the economic driver of the State and a source of jobs, income, and economic 

strength for the residents of the State ofNevada; and 

"This Agency ls an Equal Opportunity Provider and Employer' 
WHEREAS, in a document recorded on November 7, 2014, Ly the Secretary of State 

of Nevada, the Council entered into a Compact with the State of Nevada, which 

permits the Tribe to engage jn Class III gaming on the Tribe1

s Trjbal lands in the State 

of Nevada; and 

WHEREAS, the next step in the process is for the Council to approve an Ordinance 

governing the manner in which Class II and Class III gaming may be conducted on 

the Tribe's Tribal lands and then to submit the Ordinance to the Chairman of the 

National Indian Gaming Commission for, it is hoped and expected, prompt review 

and approval; and 

WHEREAS, the Council has been presented for its review and approval, an 

Ordinance providing for the conduct of Class II and Class III gaming on its Tribal 

lands, consistent with the Tribe's Compact with the State of Nevada, Federal law, the 

laws of the State of Nevada and tribal law and the Tribe's Constitution; and 

WHEREAS, the Council believes that the adoption of the draft ordinance attached 

hereto lies withln the economic interests of the Tribe and falls within the Council's 

Constitutional authority to adopt, approve and include within the body of the Tribe's 

Law and Order Code. 

NOW THEREFORE BE IT RESOLVED, that the Council herein adopts this 

Resolution RY15-11 to formally acknowledge the importance of gaming as another 

business opportunity to expand the goals and principles of the Tribe's 

self-determination, economic outlook, economic diversification plans, and the health 

and welfare of its membership to engage in Class 11 and Class III Gaming on Tribal 

lands; and 

BE IT FURTHER RESOLVED, that subject to the approval of the Secretary, 

Bureau of Indian Affairs, or his or her designee, the Council hereby adopts, ratifies 

and approves this gaming ordinance as Title 13- Gaming of the Tribe's Law and 

Order Code; and 

BE IT FURTHER RESOLVED, that the Council hereby authorizes the Chairman 

of the Tribal Council to submit the Tl'ibe's Gaming Ordinance to the Chairman of the 

National Indian Gaming Commission for review and approval as well as to the 

Secretary, Bureau of Indian Affairs, for review and approval at that level; and 

BE IT FURTHER RESOLVED, that upon receipt of all the requisite approvals, the 

Gaming Ordinance shall become a part of the Tribe's Law and Order Code, set forth 

in Title 13-Gaming, and accordingly a part of the law of the land of the Yerington 

Paiute Tribe by which gaming activity may be conducted upon the land of the 

Yerington Paiute Tribe; and 
BE IT LASTLY RESOLVED, the Council hereby declares this resolution shall be 

effective until it is withdrawn or modified by subsequent resolution. 

CERTIFICATION 

It is hereby certified that the foregoing resolution of the governing body of the 

Yerington Paiute Tribe; composed of a Chairman and six merobers of whom: 

1. Linde Howard 

4. Albert Roberts 

6. Wayne Garcia 

2. Victor Sam 

5. Victor Sam 

7. Eleanor Smith 

3. Delmar Stevens 

6. Wayne Garcia 

Six constituting a quorwn were pr.esent at a meeting held on the 4th day of May 

2015, and the foregoing resolution was adopted by an affirmative vote of !i for,!! 

against,!! abstentions, pursuant to the authority contail~ed wider Article VI, Sections 

(e) (1) of the Constitution of the Yerington Paiute Tribe. 

Linda L. Howard, Chairman 

YERINGTON PAIUTE TRIBE 
YERINGTON P AIUTE TRIBE 

GAMING ORDINANCE 

SET FORTH AS 

TITLE 13-GAMING 
Table of Contents 

ST A TEMENT AND PURPOSE ....................................................................................... ................................... ......... 1 

ARTICLE I - AUTHORITY, FINDINGS, AND DEFINITIONS .. ................... ........................................................... I 

Section 1. Authority ....................................................... ... ................................................................................... 1 

Section 2. Findings .................................... ... ....... .. ....................................... ................................... ..................... I 

Section 3. Purposes ................... ............................................................................. .............................................. 2 

Section 4. Definitions ............ ............................................................................................................................... 2 

ARTICLE 2 -AUTHORIZATION OF TRIBAL GAMING .......................................... ............................... ............... 9 

Section 1. Tribal Gaming Authorized . ............................... ............................... ............. ................................ ...... 9 

Section 2. Tribal Gaming . ............................................................................................................................... ~ ..... 9 

Section 3. Tribe to Be Sole Gaming Proprietor. ................................................................................................... 9 

Section 4. Separate License for Each Location; Environmental Compliance . .......... ........ ................................... 9 

Section 5. Use ofNet Gaming Revenue ......... ........................................................... ......................................... 10 

Section 6. Compliance with Law; Inclusion of the Compact. ............................................................................ 11 

Section 7. Agent for Service of Process ......................................................... .................................................... 11 

ARTICLE 3 - YERINGTON PAIUTE TRIBE GAMING COMMISSION .................. ............. ............................ .. .. I I 

Section 1. Commission Established ................... ................ ..................................................... ........................... I 1 

Section 2. Structure of the YPTGC or Gaming Commission .............................................. ...... ................. ........ I I 

Section 3. Powers and Duties of the Garn ing Commission .................................................. ........ ...................... I 3 

Section 4. Gaming Commission Operations ...................................................................................................... 17 

ARTICLE 4 - FINANCIAL MATTERS ..................................................................................................................... 18 

Section 1. Application of Net Revenues ................................................................................. .................. ......... 18 

Section 2. Budgets ................................................................... .. ..... ............ .......... ......................................... ..... 18 

Section 3. Audits .................................... .. .................. ............. ........................................................................... 18 

ARTICLE 5 - GAMING FACILITIES AND LOCATION LICENSES ...................... ............................................... 18 

Section 1. Authority to License .................................................................................................................. ........ 18 

Section 2. Types of Licenses Issued ............................ ............................................. .......... ...... ............ .............. 19 

ARTICLE 6 - BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT OFFICIAL, KEY 

EMPLOYEES AND OTHER EMPLOYEES ............................................................................................................. 19 

Section 1. Statement of Responsibilities ..................... .. ..................................................................................... 19 

Section 2. Work Permits for All Gaming Employees at Tribal Class III Gaming Facilities .............................. 19 

Section 3. Work Permits For Non-Gaming Personnel. ..... ................................................................................. 20 

Section 4. Primary Management Officials and Key Employees,(Collectively, Key Employees) License 

Requirements ........................................................................................................................................................... 20 

Section 5. Application For Gaming License . ........................................... ................ .......................................... 21 

Section 6. Background Investigation and Report(s) of Applicants ................. ...... ............................................. 25 

Section 7. Eligibility Determination ................................................................................................................... 26 

Section 8. Notice of Results of Background Investigations ................. ..................................................... ......... 26 

Section 9. Granting Gaming Licenses ................................... ............................................................................. 27 

Section 10. Denying Gaming Licenses ................................................................................... ........ .......... ........... 28 
Section 11. 

Section 12 . 

Gaming License Suspensions and Revocations ........................................................................... .. 28 

Records Retention ........................................................................ ............ .............. ....................... 29 

Section 13. Procedures for Forwarding Applications and Reports for Key Employees and Primary 

Management Officials to the National Indian Gaming Commission; Issuance of Temporary License ... .. .............. 29 

ARTICLE 7 - LICENSING OF KEY EMPLOYEES, PRIMARY MANAGEMENT OFFICIALS AND VENDORS 

................ .................... ................................................................................................................................................. 30 

Section l. Granting a Gaming License ............... ...................................... ...... .................................................... 30 

Section 2. Com1non Requirements ... ................. ................................................................................................. 3 I 

Section 3. License Suspension and Revocation . ................................................................................................ 32 

ARTICLE 8 - CLASS II GAMING ................. ........................................................................................................... 32 

Section 1. Definitions ..................................................................................... ..................................... ............... 32 

Section 2. Persons Authorized to Conduct Class II Gaming .......................... .................................................... 33 

Section 3. Ownership of Class II Gaming Activity ............................... ... .......................................................... 34 

Section 4. Management Contracts .......................................... ...... .............. ........................................................ 35 

Section 5. Games Permitted ......................................................... ...................................................................... 35 

Section 6. Bingo Game Cards . ........................................................................................................................... 35 

Section 7. Player Limitation ......... ........ .............................. ........ ........................................................................ 36 

Section 8. Entry Prohibited . ........ ......................................................................................... .............................. 36 

Section 9. Hours of Operation; Notice By Gaming Commission ....................................................................... 36 

ARTICLE 9 - CLASS III GAMING .......................................................... ...... ... ........................................................ 36 

Section I. Persons Authorized to Conduct Class lII Gaming . ....... .................................................................. .. 36 

Section 2. Persons Authorized to Own a Class III Gaming Operation ............................................ .... ............... 36 

Section 3. Authorized Operations ........ ............ ................... ..................... .......................................................... 37 

Section 4. Management Contracts ........................................................................................... ........................... 3 7 

Section 5. Games Permitted ............................................................................................................................... 37 

Section 6. Hearings and Appeals ....................................................................................................................... 38 

Section 7. Prohibited Acts and Penalties ............................................................................................................ 39 

Section 8. Violations . ........... ......................................................... ...... ................. .............................................. 40 

Section 9. Validity of this Title .......................................................................................................................... 41 
Title 13-GAMING 

STATEMENT AND PURPOSE 

Be it enacted by the Council of the Yerington Paiute Tribe, pursuant to its Constitution and the 

goals and principles of the Tribe's self-determination, economic outlook, economic diversification 

plans, and the health and welfare of its membership to engage in the gaming business as permitted 

by Public Law 100-497, the Indian Gaming Regulatory Act, codified at 25 USC.§§ 2701-2721 

and 18 USC.§§ 1166-1168 on Tribal lands, an Ordinance that sets forth in Title 13-Gaming of 

the Tribe's Law and Order Code and which defines and regulates the manner in which Class II 

and Class III gaming may be conducted on the Tribal lands. 

And further, by this enactment and authority as stated in Resolution RY 15-11 that was adopted in a 

duly called meeting of the Council on May 4, 2015, this Gaming Ordinance is ratified by majority 

vote of the Council. 

ARTICLE 1 - AUTHORITY, FINDINGS, AND DEFINITIONS 

Section 1. Authority. 

The Yerington Paiute Tribe (the Tribe) is a sovereign Indian tribe organized under the Indian 

Reorganization Act, 25 U.S.C. §§ 461, et seq. The Tribal Council is the governing body of the 

Tribe. This Ordinance is enacted on the basis of the inherent sovereign tribal powers delegated to 

the Tribal Council under Article III, Section 1, and Article VI, Section 1, of the Tribe's 

Constitution and the Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701, et seq. 

Section 2. Findings. 

The Tribal Council of the Yerington Paiute Tribe hereby finds that: 

A. Self-determination. An explicit goal of Federal Indian policy, as enunciated in, amongst 

various places, the Indian Gaming Regulatory Act, is to promote tribal economic 

development, self-sufficiency and strong tribal government. The Tribe is deeply 

committed to these values. 

B. Economic Pressures. The Tribe needs additional revenues to assist it in meeting its 

governmental responsibilities. 

C. Gaming as an Economic Enterprise. Gaming is an appropriate subject for a tribal enterprise 

because: 

1. Congress has found that Indian tribes have the right to regulate gaming activity on 

Indian lands if the gaming activity is not specifically prohibited by Federal law and 

is conducted within a state which does not, as a matter of criminal law and policy, 
2. 

3. 

Section 3. 

prohibit such activity. 25 U.S.C. § 2701(5). 

Congress has provided a statutory basis for the operation of gaming by Indian tribes 

as a mean of promoting tribal economic development, self-sufficiency, and strong 

tribal government. 25 U.S.C. § 2702(1). 

Nevada law is not directly applicable on the Reservation, but Federal law depends 

on the policy underlying state gaming laws. In Nevada, gaming is not only lawful; 

it is the State's principal economic activity. Similar gaming operations operated 

by the Tribe would not conflict with Federal law. 

Purposes. 

The purpose of this Title is to: 

A. Provide standards and regulations governing the conduct of gaming activities on the 

Yerington Tribal lands; 

B. Promote Tribal economic development; 

C. Enhance employment opportunities for Tribal members; 

D. Strengthen the economy of the Yerington Paiute Tribe; and 

E. Generate revenue for use in improving the health, education and general welfare of 

enrolled members of the Yerington Paiute Tribe and for other uses authorized under 

Federal law. 

Section 4. Definitions. 

For purposes of this Title: 

A. "Act" or "IGRA" means the Indian Gaming Regulatory Act of 1988, as amended at 25 

U.S.C. § 2701-2721and18 U.S.C. §§ 1167-1168, and as it might become amended. 

B. "Applicant" means any person or entity applying for, or requesting renewal of, a license or 

permit described in or required by this Title. 

C. "Application" means a request for the issuance or renewal of a license or permit described 

in or required by this Title. 

D. "Banking Card Game" means any card game in which each player wagers against the house 

rather than against other players. 

E. "Bingo" means the game of chance (whether or not electronic, computer or other 

2 
technological aids are used in connection therewith) which is played for prizes, including 

monetary prizes, with cards bearing numbers or other designations, in which the holder of 

the card covers such numbers of designations when objects similarly numbered or 

designated are drawn or electronically determined, and in which the game is won by the 

first person covering a previously designated arrangement of numbers or designations on 

such cards. "Bingo" includes, if played at the same location, pull tabs, lotto, punch boards, 

tip jars, and other games similar to Bingo. 

F. "Class I Gaming" means social games played solely for prizes of minimal value or 

traditional forms of Tribal gaming, engaged in by individuals as part of, or in connection 

with, Tribal ceremonies or celebrations. 

G. "Class II Gaming" means all forms of gaming which are defined as "Class II Gaming" in 

the IGRA, 25 U.S.C. § 2703(7), and shall include, but not be limited to, the following 

forms of gaming: bingo, lotto, pull tabs and punch boards, tip jars and non-banking card 

games, when played in conformity with 25 U.S.C. § 2703(7). 

H. "Class III Gaming" means all forms of gaming that are not Class I Gaming or Class II 

Gaming, as defined in the IGRA, 25 U.S.C. § 2703(8). 

I. "Compact" means the Compact by and between the Yerington Paiute Tribe and the State of 

Nevada setting forth the agreement for the operation of Class III Gaming on Yerington 

Paiute Tribal Lands within the State of Nevada. 

J. "Entity" means any organization, including any division, department or other unit therein, 

and includes, but shall not be limited to, a public or private corporation, limited liability 

company, partnership, joint venture, voluntary or unincorporated association, 

organization, proprietorship, trust, or estate. 

K. "Equipment" means any article, device, or other item, employed in gaming activity, 

including, but not limited to, bingo cards, lottery tickets, any electronically operated 

blower machine, gaming devices, gaming tables, associated paraphernalia, chips, tokens, 

dice and any other items employed in gaming activity. 

L. "Gaming Machine" or "Slot Machine" means any mechanical, electrical, electromechanical, electronic, or other device, contrivance or machine which, upon insertion of a 

coin, token, or similar object, or upon payment of any consideration, is available to play or 

operate, the play or operation of which, whether by reason of the skill of the operator in 

playing a gambling game which is presented for play by machine or application of the 

element of chance, or both, may deliver or entitle the person playing or operating the 

machine to receive cash, premiums, merchandise, tokens, or anything of value, whether the 

payoff is made automatically from the machines, or in any other manner. "Slot Machine" 

specifically includes video facsimiles of any game of chance authorized under the Nevada 

Statutes. See, NRS 463.0152. In addition, if at any time the State broadens its definition 

of "slot machine" to include additional devices, then such devices shall also be "slot 

3 
machines" within the meaning of this Title. 

M. "Gaming Commission" or "Commission" means the Yerington Paiute Tribe's Gaming 

Commission, (YPTGC) created by this Title. 

N. "Gaming Device" means any equipment or mechanical, electro-mechanical or electronic 

contrivance, component or machine used remotely or directly in connection with gaming 

or any game which affects the result of a wager by determining a win or a loss. The term 

includes: 

1. A slot machine. 

2. A collection of two or more of the following components: 

a. an assembled electronic circuit that cannot be reasonably demonstrated to 

have any use other than in a slot machine; 

b. a cabinet with electrical wiring and provisions for mounting a coin, token or 

currency acceptor and provisions for mounting a dispenser of coins, tokens 

or anything of value; 

c. a storage medium containing the source language or executable code of a 

computer program that cannot be reasonably demonstrated to have any use 

other than in a slot machine; 

d. an assembled video display unit; 

e. an assembled mechanical or electro-mechanical display unit intended for 

use in gambling; or 

f. an assembled mechanical or electro-mechanical unit that cannot be 

demonstrated to have any use other than in a slot machine. 

3. Any mechanical, electrical or other device which may be connected to or used with 

a slot machine to alter the normal criteria of random selection or affect the outcome 

ofa game. 

4. A system for the accounting or management of any game in which the result of the 

wager is determined electronically by using any combination of hardware or 

software for computers. 

5. Any combination of one of the components set forth in paragraphs (a) to (f) 

inclusive, of Section 4 (N)(2) and any other component that the Gaming 

Commission determines by regulation to be a machine used directly or remotely in 

connection with gaming or any game that affects the results of a wager by 

4 
determining a win or a loss. 

0. "Gaming Employee" means any person connected directly with an operator of a slot route, 

the operator of a pari-mutuel system, the operator of an inter-casino linked system or a 

manufacturer, distributor or disseminator, or with the operation of a gaming establishment 

licensed to conduct any game, sixteen (16) or more slot machines, a race book, sports pool 

or pari-mutuel wagering, including: 

1. Accounting or internal auditing personnel who are directly involved in any record 

keeping or the examination of records associated with revenue from gaming; 

2. Boxmen; 

3. Cashiers; 

4. Change personnel; 

5. Counting room personnel; 

6. Dealers; 

7. Employees of a person required by Nevada law, NRS 464.010, to be licensed to 

operate an off-track pari-mutuel system; 

8. Employees of a person required by Nevada law, NRS 463.430, to be licensed to 

disseminate information concerning racing; 

9. Employees of manufacturers or distributors of gaming equipment within the 

Reservation whose duties are directly involved with the repair or distribution of 

gaming equipment; 

10. Employees of operators of slot routes who have keys for slot machines or who 

accept and transport revenue from the slot drop; 

11. Employees of operators of inter-casino linked systems; 

12. Floor men; 

13. Hosts or other persons empowered to extend credit or complimentary services; 

14. Keno runners; 

15. Keno writers; 

16. Machine mechanics; 

5 
17. Odds makers and line setters; 

18. Security personnel; 

19. Shift or pit bosses; 

20. Shills; 

21. Supervisors or managers; and 

22. Ticket writers. 

Gaming Employee does not include bartenders, cocktail waitresses or other persons 

engaged exclusively in preparing or serving food or beverages. 

P. "Gross Receipts" means the total receipts from the conduct of gaming activities. 

Q. "Indian Lands," "Reservation," "Colony," or "Yerington Tribal Lands" means all lands 

within the exterior boundaries of the Yerington Paiute Tribe over which it exercises 

governmental power that is either (1) held in trust for the Tribe by the United States; or (2) 

held by the Tribe or Indian individual subject to restriction by the United States against 

alienation. The terms also include any lands located within or contiguous to the 

boundaries of the Reservation and Colony acquired after October 17, 1988 by the Secretary 

of Interior in trust for the benefit of the Tribe, and newly acquired lands on which gaming 

activities are permitted pursuant to 25 U.S.C. §2719(b)(l). 

R. The term "Key Employee" means: 

1. A person who performs one or more of the following functions: 

a. Bingo caller; 

b. Counting room supervisor; 

c. Chief of security; 

d. Custodian of gaming supplies or cash; 

e. Floor manager; 

f. Pit boss; 

g. Dealer; 

6 
h. Croupier; 

L Approver of credit; or 

J. Custodian of gambling devices, including persons with access to cash and 

accounting records within such devices. 

2. If not otherwise included, any other person whose total cash compensation is in 

excess of $50,000 per year; 

3. If not otherwise included, the four most highly compensated persons in the gaming 

operation; or 

4. A Primary Management Official as additionally defined herein at CC. 

S. The term "Interstate Sports Betting Facility" means a gaming establishment wherein 

interstate wagers on sports events are received via telephone, computers and associated 

equipment on the Reservation. 

T. "License" or "Licensed" means a tribal gaming license, or having a valid tribal gaming 

license, issued by the Yerington Paiute Tribe, or the Gaming Commission, pursuant to this 

Title. 

U. "Lottery" means any scheme for the disposal or distribution of property, by chance, among 

persons who have paid any valuable consideration for the chance of obtaining such 

property, or portion of it, or for any share or any interest in such property upon any 

agreement, understanding or expectation that it is to be distributed or disposed of by lot or 

chance, whether called a lottery, raffle or gift enterprise, or by whatever name the same 

may be known. 

V. "National Indian Gaming Commission" or "NIGC" means the National Indian Gaming 

Commission created by the IGRA. 

W. "Net Revenue" means the total gross receipts from a gaming operation, less: 

1. Amounts paid out as, or paid for prizes; and 

2. Total gaming-related operating expenses, excluding management fees. 

X. "Non-Banking Card Games" means any card game in which two or more players play 

against each other and the players do not wager against the house. Non-banking card games 

played in conformity with State law regulating hours of play, wage and pot limits are Class 

II Gaming. All other non-banking card games are Class III games. 

Y. "Non-Tribal Gaming Facility" or "Non-Tribal Gaming Operation" means any gaming 

7 
which is licensed and conducted on the Reservation by any person or entity other than the 

Tribe or an entity wholly owned by the Tribe. 

Z. "Person" means any individual, receiver, administrator, executor, assignee, trustee in 

bankruptcy, trust, estate, firm, partnership, joint venture, club, company, joint stock 

company, business trust, corporation, limited liability company, association, society, or 

any group of individuals acting as a unit, whether mutual, cooperative, fraternal or 

nonprofit, doing business within the Indian lands. The Tribe is not within the definition of 

person. 

AA. "Pinball Machine" means a video, mechanical, electrical or electronic machine which, 

upon inse1iion of a coin or token or upon redemption of a credit, is available for play, the 

play or operation of which, by reason of skill, chance or a combination of both, may entitle 

a player to an automatic, immediate free replay or replays, which cannot be redeemed for 

anything of value. 

BB. "Player" means any person participating in gaming activity, who is participating with the 

reasonable expectation of, or for the chance of, receiving a prize of some value. 

CC. "Primary Management Official" means: 

1. The person(s) having management responsibility for a management contract; 

2. Any person who has authority: 

a. to hire and fire employees; or 

b. to set up working policy for the gaming operation; or 

3. The chief financial officer or other person who has financial management 

responsibility. 

4. Any other person designated by the Tribe as a primary management official. 

DD. "Prize" means any U.S. currency, cash or other property or things of value awarded to a 

player or players, or received by a player or players, as a result of their participation in a 

gaming activity. 

EE. "Secretary" means the Secretary of the Interior. 

FF. "State" means the State of Nevada. 

GG. "Tribal Council" means the Yerington Paiute Tribal Council. 

HH. "Trial Court" means the Yerington Paiute Trial Court. 

8 
II. "Tribal Gaming Facility" or "Tribal Gaming Operations" means any Class II or Class III 

Gaming operation or facility which is owned by the Tribe or a wholly owned entity of the 

Tribe. 

JJ. "Tribe" means the Yerington Paiute Tribe. 

ARTICLE 2 - AUTHORIZATION OF TRIBAL GAMING 

Section 1. Tribal Gaming Authorized. 

A. Class I Gaming is authorized on Indian lands, and may be conducted by any person. Class 

I Gaming shall not be regulated by this Title. 

B. Class II Gaming is authorized on Indian lands. Class II Gaming shall be regulated by the 

YPTGC and shall only be operated consistent with the provisions of this Title and the 

IGRA. 

C. Class III Gaming is authorized on Indian lands. Class III Gaming shall be regulated by the 

YPTGC and shall only be operated consistent with this Title, the Compact, and the IGRA. 

D. Notwithstanding any provision in this Title to the contrary, any proposal to open a new 

Class II or Class III Gaming operation on the Reservation is prohibited unless it is first 

authorized and approved by the Tribal Council, and thereafter licensed and regulated by 

the Gaming Commission pursuant to this Title. 

Section 2. Tribal Gaming. 

The Tribal Council hereby authorizes one or more tribally-owned gaming establishments to offer 

those forms of gaming which are approved under the Compact, the Title or both, or which may be 

approved in the future under the Compact, as amended, the Title or both. 

Section 3. Tribe to Be Sole Gaming Proprietor. 

The Tribe shall have the sole proprietary interest in and responsibility for the conduct of any Class 

II or III gaming activity on the Reservation, unless the Tribe elects to allow individually owned 

gaming. This provision shall not preclude the Tribe from entering into a lawful management 

contract under 25 USC§ 2711. 

Section 4. Separate License for Each Location; Environmental Compliance. 

A. Separate License Reg uired. 

The Tribe shall issue a separate license to each place, facility, or location on Indian lands, 

where Class II or III gaming is conducted under this Title. 

9 
B. Environment and Public Health and Safety. 

1. 

2. 

Section 5. 

Each gaming facility shall be constructed, maintained, and operated in a manner 

that adequately protects the environment and the health and safety of the public. 

The Tribal Council, Commission and Tribal Police Department shall identify and 

enforce laws, resolutions, codes, policies, standards, or procedures, which are 

applicable to each gaming place, facility or location, to ensure adequate protection 

of the environment and the health and safety of the public. 

U e of Net Gaming Revenue. 

A. Net revenues from Tribal gaming shall be used only for the following purposes: 

1. To fund Tribal government operations or programs; 

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

3. To promote Tribal economic development; 

4. To donate to charitable organizations; or 

5. To help fund operations of local government agencies. 

B. Per Capita Payments: 

1. Net revenues from any [class II and/or class III] gaming activities conducted or 

licensed by the Tribe may be used to make per capita payments to enrolled Tribal 

members if: 

a. The Tribe has prepared a plan to allocate revenues to one or more of the five 

uses authorized by Subsection (A) above; 

b. The plan is approved by the Secretary of the Interior as adequate, 

particularly with respect to the uses described in Subsections (A)(l) and 

(A)(3) above. 

c. The interests of minors and other legally incompetent persons who are 

entitled to receive any of the per capita payments are protected and 

preserved, and the per capita payments are disbursed to the parents or legal 

guardian of such minors or legal incompetents in such amounts as may be 

necessary of the health, education, or welfare of the minor or other legally 

incompetent person; and 

d. The per capita payments are subject to Federal taxation and the Tribe 

10 
notifies its members of such tax liability when payments are made. 

Section 6. Compliance with Law; Inclusion of the Compact. 

A. Appli bl La . All Class II and III gaming operations on the Reservation shall be 

conducted in accordance with Article 2, Sections 1 and 4. In addition, this Title shall be 

construed in a manner which conforms to applicable law. 

B. Incorporation of Compact. The Compact as enacted and as it may be amended, shall be 

incorporated into this Title. In the event of any inconsistencies between the Compact and 

any amendment hereof and any provision of this Title, the Compact shall govern. 

Section 7. Agent for Service of Process. 

The Tribe designates the Tribal Chairman as the agent for service of any official determination, 

order or notice of violation. 

ARTICLE 3 - YERINGTON PAIUTE TRIBE GAMING COMMIS ION 

Section 1. Commis ion Established. 

The Tribal Council hereby establishes a Tribal Gaming Commission to be known as the Yerington 

Paiute Tribal Gaming Commission (YPTGC), which shall be responsible for the successful, safe, 

lawful, and honest operation of the Tribe's Class II and III gaming operations on the Reservation. 

Section 2. Structure of the YPTGC or Gaming Commission. 

A. Number. The Gaming Commission shall consist of three members, at least one of whom 

must be an enrolled member of the Yerington Paiute Tribe. The Tribal Council shall 

designate the Chairman of the Gaming Commission. 

B. /\ooointment. The three members of the Gaming Commission and one alternate shall be 

those persons whom the Tribal Council deems qualified, giving due weight to the 

candidate's education, experience, and integrity. 

C. Term. Initial appointments to the Gaming Commission shall be for the following terms: 

Chairman- three years; one member - two years; one member - one year; alternate 

member - three years. Thereafter, all appointments shall be for three-year tem1s, 

provided that if a vacancy occurs for any reason, the Tribal Council shall appoint a 

replacement for the remainder of the replaced person's term. 

D. Suspension or Removal. Gaming Commission members may only be suspended or 

removed by a vote of at least four members of the Council (with the Chairman of the 

Council entitled to vote in the event of a tie), for good cause, upon written notice and the 

opportunity to be heard before the Tribal Council. Decisions for removal by the Tribal 

Council are final. No appeal may be taken. 

II 
E. Registered Agent. The Chairman of the Gaming Commission shall be the agent for 

service of process for the Gaming Commission. 

F. Qualification for 1v1embership. No person shall be appointed to the YPTGC unless, after 

reviewing that person's prior activities, criminal record, reputation, habits and associations, 

the Tribal Council is satisfied that such person: 

1. Is of good character, honesty, and integrity; 

2. Does not pose a threat to the public interest of the Tribe or its members or to the 

effective regulation of gaming; 

3. Does not create or enhance the dangers of unsuitable, unfair or illegal practices in 

the conduct of gaming or the carrying on of the business and financial arrangements 

incidental thereto; 

4. Has no interest in any gaming activity on the Yerington Paiute Tribal 

Colony/Reservation Lands or in any other activity that may be in conflict with the 

tribal gaming operations; 

5. Has adequate business probity, competence and experience in gaming or generally 

is qualified by reason of training, education, experience or any combination of 

experience in law, finance, or marketing; and 

6. Is familiar with IGRA. 

G. Limitation 011 Membership. No person may serve on the YPTGC if; 

1. The person's other employment or responsibilities conflict or could potentially 

conflict with the duties and responsibilities to create an impression or appearance 

of impropriety in the fulfillment of the duties and responsibilities of a 

Commissioner; 

2. The person is an employee of a Gaming Operation or the person's other 

employment or responsibilities create an impression or appearance of impropriety 

in the fulfillment of the duties and responsibilities of a Commissioner; 

3. The person is a: 

a. Member or officer of the Tribal Council; 

b. Judge in any Tribal Court; or 

c. A convicted felon. 

12 
4. 

Section 3. 

Commissioners may not gamble in any gaming Establishment on the Reservation. 

No Commissioner may accept gratuities or any other thing of value from any 

Licensee or Applicant. 

Powers and Duties of the Gaming Commission. 

The Gaming Commission shall have the following powers and duties: 

A. General Power . The Gaming Commission shall administer the provisions of this Title 

and shall have all powers necessary therefore as prescribed below: 

1. Promulgate such rules and regulations as may be necessary and desirable for the 

proper implementation of this Title; 

2. Identify and define the rules of play for each Class II and Class III game permitted; 

3. License, supervise, inspect and oversee all gaming activities and persons employed 

in gaming activities conducted on Tribal lands; 

4. Conduct or contract with other government agencies or private entities to conduct 

background investigations; 

5. Carry on a continuous study and investigation of Class II and Class III Gaming on 

Indian lands for the purpose of: 

a. Ascertaining any defects in abuses of the standards and regulations in this 

Title or applicable rules and regulations; 

b. Formulating recommendations for changes in the standards and regulations 

in this Title or applicable rules and regulations; and 

c. Preventing abuses and evasions of the standards and regulations prescribed 

by this Title and applicable rules. 

6. Report to the Tribal Council on any matters related to gaming that are deemed by 

the YPTGC to constitute an emergency requiring immediate action; 

7. Take any action it deems necessary and appropriate for violation(s) of this Title or 

of applicable rules and/or regulations, prosecution, referral for prosecution, or civil 

suit; 

8. Consistent with approved budgets, and as further provided in Article 4, Section 2, 

employ such persons and legal counsel as are necessary to carry out the specific and 

general powers and duties of the Gaming Commission; and 

13 
9. In accordance with Article 4, Section 2, prepare and submit an annual budget to the 

Tribal Council for approval in accordance with the Tribe's standard practice for 

approving the budgets. 

B. Subpoena Power; Hearings and Di position. The Gaming Commission shall have the 

authority to subpoena witnesses and documents, conduct administrative hearings, and 

assess civil fines or penalties upon persons who violate the provisions of this Title, any 

provision of the Compact, or any provisions ofIGRA, provided that such person shall be 

given adequate notice and an opportunity to be heard before the Gaming Commission. 

1. Any person assessed a fine or penalty under this Section shall have the right to file 

a petition for judicial review to the Trial Court, provided that a written complaint 

seeking review of the Gaming Commission's decision is filed with the Tribal Court 

within thirty (30) days of the Gaming Commission's decision. If a timely complaint 

is not filed, then the Gaming Commission's decision imposing the fine or penalty 

shall be final and not subject to further review. The Tribal Court shall, however, 

have jurisdiction to enforce any assessed fine or penalty imposed by the Gaming 

Commission. 

2. Any person or entity engaging in or conducting gaming on Tribal lands is thereby 

deemed to have consented to the jurisdiction of the Yerington Paiute Trial Court. 

C. Compact. The Gaming Commission shall carry out each of the responsibilities and 

duties set forth for the Gaming Commission in the Compact. 

D. Record-Keeping. For a minimum of three (3) years, the Gaming Commission shall 

maintain complete records regarding the following: 

1. Applications, financial statements, fingerprints, contracts, Licenses, suspensions 

and cancellation notices and correspondences of all Applicants, including 

Management Contractors, Key Employees, Primary Management Officials, 

Gaming Establishments and Gaming Device suppliers; 

2. Meeting minutes from all Gaming Commission meetings; 

3. Compact compliance; 

4. Reports relating to customer disputes, complaints or other issues that affect the 

integrity of the Gaming Operation(s); 

5. Gaming Commission budget and expenditures; 

6. Tribal Council communications and correspondence; and 

14 
7. Any other records or documents the Gaming Commission deems necessary or 

appropriate. 

E. Reports. Unless otherwise authorized by the Tribal Council, the Gaming Commission 

shall make monthly reports to the Tribal Council within thirty (30) days after the end of 

each month. Such reports shall contain the following information: 

1. Number and types of Licenses issued during the previous thirty-day period; 

2. Information regarding License denials, suspensions or revocations; 

3. Report(s) of any events of non-compliance, breach or violations of this Title, the 

Compact, IGRA, a License or any other law or regulation; provided, however, that 

these reports are not the subject of or relating to a pending investigation of the 

Gaming Commission, or hearing before the Gaming Commission; 

4. A report of Gaming Commission expenditures for the prior thirty-day period; 

5. A summary of any Gaming Commission travel and training; 

6. The number of and purpose for any special Gaming Commission meeting(s); 

7. All other information that the Gaming Commission deems relevant in order to keep 

the Tribal Council informed and current on all gaming matters; and 

8. Reports as required to be maintained and submitted by the Compact. 

Nothing in this Section shall authorize or permit the Gaming Commission to provide the Tribal 

Council with any information pertaining to a pending investigation of the Gaming Commission, or 

hearing before the Gaming Commission. All such information shall be kept confidential. 

F. Regulation of Patron Disputes. The Gaming Commission shall promulgate necessary 

rules and regulations in order to resolve any disputes which arise in connection with lawful 

gaming activities conducted pursuant to the Tribal Gaming Title between the gaming 

public and the Tribe or its employees or management contractors. The Gaming 

Commission's rules and regulations shall comply with the following minimum standards: 

1. Subject to the procedures set forth in Article 9, Section 6, any disputes that arise 

between the gaming public and the Tribe or its management contractors shall go 

before the Gaming Commission, which shall convene and hold a hearing within 

thirty (30) days of receiving notice of the dispute. 

2. The Gaming Commission shall issue a written decision within thirty (30) days after 

the conclusion of the hearing, and shall grant or deny such relief as legally and 

equitably due. 

15 
3. Any decision of the Gaming Commission regarding a Patron dispute may be 

appealed to the Tribal Court utilizing the same procedures set forth in Article 9, 

Section 6(C) of this Title. 

G. Establishment of a List of Barred Persons. The Gaming Commission may bar any person 

from working or gaming at the Tribe's gaming facilities if, in the view of the Gaming 

Commission, such person's history, associations, reputation, or habits poses a threat to the 

integrity of Tribal gaming activities and any person of the State of Nevada's list of 

excluded persons, i.e., black book. The list may be shared with other public or private 

agencies under Subsections (H) and (I) below. 

H. Coordination With Other Agencies. The Commission shall coordinate its activities and 

cooperate with other relevant agencies including the NIGC and other Federal agencies, and 

any agencies of the State with which the Tribe cooperates pursuant to its compact(s). The 

Commission may provide any information to such agencies which must or may be 

provided under applicable law. 

I. oordination with Private Entities. The Commission shall supervise, oversee, and, to the 

extent appropriate, coordinate its activities with, any contract manager, and any other 

contractors, vendors, suppliers, or other private entities with any involvement in any aspect 

of gaming operations. 

J. Technical Standard . The Gaming Commission shall promulgate, review, and revise as 

necessary technical standards and rules of each game of chance operated by the Tribe 

K. Legal remedies. The Gaming Commission may in its own name bring any civil action or 

criminal complaint in the courts of the Tribe, State or the United States to enforce the 

provisions of this Title, the Act or the Compact, or to enjoin or otherwise prevent any 

violation of this Title, the Act, or the Compact, occurring on the Reservation or Colony. 

L. Emergency Action by Gaming Commission Members. If emergency action is required 

to protect the public interest in the integrity of gaming operations, and there is insufficient 

time to convene a meeting of the Gaming Commission, the Chairman of the Gaming 

Commission, or any other Member of the Gaming Commission acting in the absence of the 

Chairman, may issue in the name of the Gaming Commission any order which the Gaming 

Commission has the power to issue to any employee or contractor of the gaming operation 

or to any other person within the jurisdiction of the Tribe to take any action or cease and 

desist from any action as may be required to protect such interest. Any such emergency 

order must be reviewed by the Gaming Commission at its earliest opportunity, whereupon 

it may be confirmed or vacated by the Gaming Commission. An unreviewed or 

unconfirmed emergency order issued under this Section will lapse within 10 days, and 

must state that is the case on its face. 

M. Compensation. The Chairperson, Gaming Commission members, and Gaming 

Commission employees may be compensated, provided that the terms and conditions of 

16 
such compensation shall be set by the Tribal Council. 

Section 4. Gaming Commission Operations. 

A. Quorum and Voting. Two Gaming Commission members shall constitute a quorum. 

The Chairman may vote and shall preside over all meetings. Action by the Gaming 

Commission should be by consensus, but if consensus cannot be achieved, shall be by 

majority vote. Whenever Gaming Commission action is by majority vote, majority and 

minority views shall be expressed in writing, shall be retained in the records of the Gaming 

Commission and shall be reported to the Council. 

B. Recusal. No member of the Gaming Commission shall participate in any decision 

directly involving his pecuniary interest, the gaming license, employment, or the direct 

monetary interest of his or her spouse, child, parent, or sibling, by blood or adoption. A 

recused member of the Gaming Commission may voluntarily recuse himself and decline to 

participate in any Gaming Commission action or decision when the member, in his own 

discretion, believes he could not act fairly or without bias, or that there would be an 

appearance that he could not so act. 

C. Vice-Chairman; Alternative and Temporary Members. The Gaming Commission shall 

select one of its members to serve as Vice-chairman. If the Chairman is unavailable 

because of recusal or any other reason, the Vice-chairman shall serve as acting Chairman. 

If the Vice-chairman is also unavailable, the third member of the Gaming Commission 

may serve as acting Chairman. The alternate member shall serve temporarily as a member 

of the Gaming Commission only when necessary for the Gaming Commission to achieve a 

quorum. The Tribal Council may appoint additional, alternative or temporary members, 

which may include non-tribal members, as needed to obtain a quorum, on such terms as the 

Tribal Council deems appropriate. 

D. Meetings. 

l. Regular meetings of the Gaming Commission may be held only upon notice to the 

Members or at such times and places as the Gaming Commission determines. 

Special meetings may be called by the Chairman or in his absence by the 

Vice-chairman. Neither the business to be transacted at, nor the purpose of any 

regular or special meeting need be specified in any notice of the meeting. 

2. Any action required or permitted to be taken at a meeting of the Gaming 

Commission may be taken without a meeting if each member signs a written 

consent to the action. Such consent shall be filed with the minutes of the Gaming 

Commission. 

3. Members of the Gaming Commission may participate in a meeting by conference 

telephone or similar communications equipment by which all persons participating 

in the meeting can hear each other. 

17 
ARTICLE 4-FINANCIAL MATTERS 

Section l. Application of Net Revenues. 

Net revenues from any gaming activity are not to be used for any purpose other than to fund Tribal 

government operations or programs, provide for the general welfare of the Tribe and its members 

(including per capita payments conforming to the Act at 25 USC§ 271 O(b)(3)), promote the 

Tribe's economic development, contribute to charitable organizations, help fund operations of 

local Tribal government agencies, or to further other purposes permitted under the Act and as 

permitted by the Compact. 

Section 2. Budgets. 

The Gaming Commission shall propose to the Tribal Council an annual operating budget, and may 

in accordance with the budget employ staff necessary to fulfill its responsibilities, and may retain 

legal counsel, consultants, and other professional services, including investigative services, to 

assist it. Such expenses of the Gaming Commission shall be assessed against the gaming 

operation. The Tribal Council shall, however, insure from other sources, if necessary, sufficient 

funding is timely provided to enable the Gaming Commission to discharge its responsibilities 

herein. 

Section 3. Audits. 

A. All gaming authorized under this Title shall be audited by an independent certified public 

accountant, at least annually, and copies of the annual audit shall be provided to the Tribal 

Council and the Gaming Commission. The results of these audits shall also be submitted 

annually to the NIGC. 

B. All gaming-related contracts that result in the purchase of supplies, services, or 

concessions for $25,000 in any year (expect contracts for professional, legal or accounting 

services) shall be specifically included within the scope of such audit. The Gaming 

Commission or Tribal Council may call for special audits at any time. 

C. Tribal Access to Financial Information. A copy of the Tribal gaming operation's annual 

audit shall be made available for review upon request to the Tribal Council through the 

Tribal Council Chairman. 

ARTICLE 5- GAMING FACILITIES AND LOCATION LICENSES 

Section 1. Autboritv to Licen e. 

A. Class II and Class Ill Facilities. Subject to the approval of the Tribal Council according 

to Article 2, Sections 1 through 4, the Gaming Commission shall have the authority to 

license and regulate any Class II and Class III Gaming operations on the Yerington Paiute 

18 
Tribal lands. All Class II and Class III Gaming operations and the location or place of the 

Class II and Class III Gaming must be licensed and approved before such gaming may be 

conducted on the premises and at the location. The licensing and regulation of Class III 

Gaming shall also be consistent with the Compact. 

B. Class I Gaming. Class I Gaming shall not be regulated by this Title or the Compact. No 

licensing shall be required of Class I Gaming. 

Section 2. Types of License· I sued. 

A. Licenses. The Gaming Commission may issue licenses for gaming on the Yerington 

Paiute Tribe's lands for the following: 

1. Any Class II or Class III Tribal gaming facility; 

2. Subject to this Title and the Compact, any Class II or Class III non-tribal gaming 

facility; 

3. Any Management Contractor, Primary Management Official, or Key Employee; or 

4. Any other license required by the IGRA, the Compact or both. 

B. Designation on License. Licenses that are issued for Class II or Class III Gaming shall 

indicate on the face of the license the type and class of the license. A combined Class II 

and Class III license may be issued if appropriate. 

ARTICLE 6 - BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT 

OFFICIAL, KEY EMPLOYEE AND OTHER EMPLOYEES 

Section 1. Statement of Responsibilities. 

The Tribe is responsible for the conduct of background investigations and suitability 

determinations. The Gaming Commission shall have primary responsibility for conducting and 

causing to be conducted the background investigations, except that the Tribal Council shall have 

such responsibility for members of or candidates for appointment to the Gaming Commission. 

Section 2. Work Permits for All Gaming Employees at Tribal Class Ill Gaming 

Facilities. 

The Gaming Commission may issue work permits to all Gaming Employees employed at a Tribal 

Class III Gaming facility in accordance with the requirements of a Compact. No person may be 

employed as a Gaming Employee who is determined by the Tribal Gaming Commission, the 

Nevada Gaming Commission, or State Gaming Control Board to be a person who would be 

unsuitable to hold or retain a Nevada work permit in a similarity situated, off reservation gaming 

operation. Applications for work permits shall be processed in accordance with Article VIII of 

19 
the Compact. The requirements of this Section shall apply only to Class III gaming facilities. 

Section 3. Work Permits For Non-Gaming Per onnel. 

All persons who are not Gaming Employees but work at any facility where authorized gaming 

occurs or is supervised or administered, must obtain a non-gaming work permit. Such work 

permits shall be issued upon determining that the employee is not a threat to the effective 

regulation of gaming and creates no risk or enhances no danger of unfair or illegal practices, 

methods or activities in the conduct of gaming on the Reservation. All applicants for work 

permits shall provide the information required by the Commission. 

Section 4. Primary Management Officials and Key Employees, (Collectively, Key 

Employees) License Requirements. 

A. Association to Class II and Ill Gaming. No person or entity employed or retained in the 

capacity of a Primary Management Official or a Key Employee may be associated with a 

Class II or Class III Tribal gaming operation unless such person/entity has obtained a 

license from the Tribal Gaming Commission. Prior to issuing a license, the Gaming 

Commission shall conduct, or cause to be conducted, a background investigation that 

meets the requirements of this Title and applicable Federal law. Applicants shall pay all 

fees required by the IGRA, this Title, and when applicable, the State of Nevada. 

B. Licensee Qualities. A license shall not be granted unless the Tribal Gaming Commission 

has reviewed the results of the background investigation and is satisfied that the Applicant: 

1. Is of good character, honesty, and integrity; 

2. Does not pose a threat to the public interest of the Tribe or its members or to the 

effective regulation of gaming; 

3. Does not create or enhance dangers of unsuitable, unfair, or illegal practices in the 

conduct of gaming or the carrying on of the business and financial arrangements 

incidental thereto; and 

4. Is in all other respects qualified to be licensed if found suitable consistent with the 

declared policy of the Yerington Paiute Tribe. 

C. Authority to Test Licensee's Character and Fitness. An application for a license 

constitutes a request for a determination of the Applicant's general character, integrity and 

ability to participate or engage in, or be associated with gaming. Any written or oral 

statement made in the course of an official proceeding of the Gaming Commission or the 

National Indian Gaming Commission by any member thereof or any witness testifying 

under oath that is relevant to the purpose of the proceeding is absolutely privileged and 

does not impose liability constituting a ground for recovery in any civil action. 

20 
D. Exclusion. Neither this Subsection nor Article 6, Section 5 shall apply to employees who 

are subject to the work permit requirements of Section 2 and 3. 

Section 5. Application For Gaming License. 

A. Applicable Fees. Renewals and Taxes. Consistent with Article 2, Section 4, no Class II or 

Class III Gaming may be conducted without the issuance of a Class II or Class III license 

issued and approved by the Tribe's Gaming Commission for each location upon which 

Class II or Class III Gaming is to be conducted. The issuance of each such license shall be 

subject to the approval of the Tribal Council. 

1. Any person or entity including, but not limited to, a Key Employee, (hereinafter, 

Applicant) applying for a Tribal gaming license pursuant to this Title, shall submit 

with the application, the established application fee, plus the annual renewal fee, if 

applicable, prescribed by Subsection 3, below, provided that applicants seeking a 

gaming license to operate 20 or fewer slot machines, only, shall submit an 

application and fee applicable to limited slot operations, together with the annual 

renewal fee, if any. 

2. In addition to the application fee prescribed in Subsection (A)(l), above, any 

Applicant for a Class II or Class III Gaming license shall also pay for the costs of all 

background investigations conducted by the NIGC and the Tribe's Gaming 

Commission, or its authorized delegate. In addition, an applicant for a Class III 

Gaming license shall also be required to pay any costs incurred by the Tribe for 

obtaining the necessary background investigations and approval of all Gaming 

Employees, Key Employees and other persons subject to review by the State of 

Nevada under the Compact. 

3. A Licensee shall, at least sixty (60) days prior to the expiration of the License, 

apply for renewal, as required by the Tribe's Gaming Commission, and shall submit 

with the application for renewal a renewal fee as established by the Commission. 

For slots only facilities of 20 slots or less, the renewal fee shall be separately 

established by the Commission. 

4. In addition to the fees prescribed in this Section, any Class II or Class III licensee 

shall pay all applicable taxes and fees imposed by the Tribe's Tax Code, including, 

if enacted, any and all applicable gaming taxes and licensing fees imposed. 

5. The failure to pay any fee or tax prescribed herein, or any other provision of Federal 

or Tribal law shall be grounds for the denial, suspension or revocation of a gaming 

license by the Tribe's Gaming Commission, provided that after a License is initially 

approved, it shall not be suspended or revoked by the Commission without first 

according the Licensee prior notice and an opportunity to be heard. 

6. Any Applicant for a gaming license shall be required to complete an application 

21 
form and thereafter, to keep the information contained on the application updated, 

to provide materials, assistance or other information required by the Commission, 

and to fully cooperate in any investigation conducted by or on behalf of the 

Commission. Applicants must immediately notify the Commission in the event of 

a change or addition to any information submitted with the application. 

7. The assignment or transfer of any license or permit granted herein is strictly 

prohibited without the prior written consent of the Commission and a finding that 

the assignee/transferee is independently qualified to have a License or permit under 

this Title. 

8. The issuance of a License pursuant to this Title does not create a property interest in 

such a License for the benefit of the Licensee. The opportunity for an Applicant or 

Licensee to be involved in gaming on the Reservation is a privilege and not a right. 

B. Required Notices to Applicants. To the extent an application is subject to review by the 

National Indian Gaming Commission pursuant to the IGRA or the regulations of the 

National Indian Gaming Commission, the application form shall provide the following 

notices: 

1. Privacy Notice: 

The following notice shall be placed on the Tribe's license application form for a 

key employee or a primary management official before it is filled out by an 

applicant: 

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 the 

Tribal gaming regulatory authorities and by the National Indian Gaming 

Commission members and staff who have need for the info1111ation 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 

being unable to license you for a primary management official or key employee 

position. 

2. The disclosure of your Social Security Number (SSN) is voluntary. However, 

failure to supply a SSN may result in errors in processing your application. 

22 
3. The following additional notice shall be placed on the application form for a Key 

Employee or a Primary Management Official before it is filled out by an applicant: 

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

denying a license or the suspension or revocation of license. Also, you may be 

punished by fine or imprisonment (U.S. Code, Title 18, Section 1001). 

4. All applicants shall sign an acknowledgment that they have reviewed and read the 

Privacy Notice and the Notice Regarding False Statements, which shall be placed 

on the same page immediately following the Notice. 

5. To the extent any person or entity, including any Key Employee, has not received 

the notice required by this Subsection, the Gaming Commission shall notify in 

writing all such licensees or putative licensees that they shall either: 

a. complete a new application that contains the required types of notice; or 

b. sign a statement that contains the notices and thereby consent to the routine 

uses described in said notices. 

C. Application Form Minimal Requirements. In addition to the requirements of Subsection 

(B), herein, the application form for both Class II and Class III Gaming applications, 

including Key Employees, shall require, at a minimum, the following information: 

1. The Applicant's full name, other names used (oral or written), Social Security 

Number(s), birth date, place of birth, citizenship, gender, all languages spoken or 

written. 

2. Currently and for the previous five (5) years, a list of all business and employment 

positions held, all businesses in which the applicant has an ownership interest, and 

all business and residence addresses during that period. 

3. Currently and for the previous five (5) years, disclosure of all drivers' license 

numbers ever assigned to the Applicant, and the state by which they were assigned. 

4. The names and current addresses of at least three personal references, including at 

least one personal reference who was acquainted with the Applicant during each 

period ofresidence listed under Subsection (C)(3) of this Subsection. 

5. Current business and residential telephone numbers and all cell phone numbers. 

6. A description of any existing and previous business relationships with other Tribes, 

including ownership interests in those businesses. 

7. A description of any existing and previous business relationships with the gaming 

industry generally, including ownership interest in those businesses. 

23 
8. The name and address of any licensing or regulatory agency with which the person 

has filed an application for a license or permit related to gaming, whether or not 

such license or permit was granted. 

9. For each felony for which there is an ongoing prosecution or a conviction, the 

charge, the name and address of the court involved, and the date and disposition, if 

any, of the charge. 

10. For each misdemeanor conviction or ongoing misdemeanor prosecution within ten 

(10) years of the date of the application (excluding minor traffic violations), the 

name and address of the court involved, and the date and disposition of the charge. 

11. For each criminal charge (excluding minor traffic violations), whether or not there 

is a conviction, if such criminal charge is within ten ( 10) years of the date of the 

application and is not otherwise listed pursuant to Subsection (C)(9) or (C)(l 0) of 

this Section, the name and address of the court involved, the date of the offense, a 

short description of the charge, and the disposition, if any. 

12. The name and address of any licensing or regulatory agency with which the 

applicant has filed an application for an occupational license or permit, whether or 

not such license or permit was granted. 

13. A current photograph. 

14. Fingerprints consistent with procedures adopted by the BIA/Tribal Police or the 

Commission consistent with 25 C.F.R. §522.2(h). The Tribe shall request 

fingerprints from each Primary Management Official and Key Employee. 

Fingerprints shall be taken by the BIA/Tribal Police, or the State Police of the state 

in which the applicant resides, and shall be sent by the agency taking the 

fingerprints to the Federal Bureau of Investigation National Criminal Information 

Center to determine the applicant's criminal history, if any. The Commission may 

also submit an Applicant's fingerprint card to any Tribal, local or State criminal 

history check center or system as the commission deems necessary or appropriate. 

Reports obtained from such fingerprint checks shall be incorporated in the 

Applicant's file. 

15. For Class III Gaming applicants, any additional information required by the 

Compact. 

16. Any other information required by the NIGC, or which the Tribal Gaming 

Commission deems relevant. 

17. Fingerprints obtained in accordance with procedures adopted by the Tribe pursuant 

to 25 CFR § 522 (h). 

24 
Section 6. Background Investigation and Report(s) of Applicant . 

A. Background Investigator Contents. The Commission shall conduct, or cause to be 

conducted by an investigator appointed by it, a background investigation for each 

Applicant for a gaming license. The investigation must be sufficient to allow the Gaming 

Commission to make an eligibility determination under Section 4(B) of this Article. In 

conducting a background investigation, the Commission or its agent shall promise to keep 

confidential the identity of each person interviewed in the course of the investigation. 

The Commission or its investigator shall, at a minimum: 

1. Verify all information on the application, including, but not limited to, the 

applicant's identity through items such as the social security number, driver's 

license, birth certificate or passport; 

2. To the extent deemed pertinent, interview or obtain references from current and 

prior employers and immediate supervisors for the preceding five (5) years; 

3. To the extent deemed necessary, interview any or all personal references; 

4. Obtain a criminal history record; 

5. Interview the applicant; 

6. Conduct a credit check. Conduct a civil history check for past or outstanding 

judgments, current liens, past or pending law suits, and any other information 

deemed relevant; 

7. Conduct a criminal history records check by submitting the applicant's fingerprints 

to the NIGC or to another law enforcement agency for forwarding to the FBI to 

perform a criminal history records check utilizing the FBl's data base; 

8. Based on the results of the criminal history records check, as well as information 

acquired from an applicant's self-reporting or from any other source, obtain 

information from the appropriate court regarding any past felony and/or 

misdemeanor convictions or ongoing prosecutions within the past 10 years; 

9. Inquire into any previous or existing business relationships with the gaming 

industry, including with any tribes with gaming operations, by contacting the 

entities or tribes; 

10. Verify the applicant's history and current status with any licensing agency by 

contacting the agency; and 

11. Take other appropriate steps to verify the accuracy of the information, focusing on 

any problem areas noted. 

25 
B. Background Investigative Report. The Tribe shall create and maintain an investigative 

report for each background investigation of a Primary Management Official or Key 

Employee. The investigator shall make a written report of the investigation to the 

Commission, including therein the steps taken in conducting the investigation, the names, 

addresses and relationship to the applicant of any persons interviewed, the information 

obtained from each person interviewed regarding the Applicant's reputation, habits and 

associations, the apparent candidness (or lack thereof) of the persons interviewed, and any 

other information garnered or learned about the Applicant and the source of the 

information, and shall particularly identify all potential problem areas and sources of the 

information. 

Section 7. Eligibility Determination. 

The Commission shall review the report and any additional information known to it, taking into 

account the Applicant's prior activities, criminal record, if any, and reputation, habits and 

associations, and shall make a determination concerning the eligibility for employment in a 

gaming operation. If the Commission determines that employment of the person poses a threat to 

the public interest or to the effective regulation of gaming, or creates or enhances the dangers of 

unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming, a Tribal 

gaming operation shall not employ that person in a Key Employee or Primary Management 

Official position or issue a gaming license thereto: 

A. Before a license is issued to a primary management official or key employee, an authorized 

Tribal Official shall make a finding concerning the eligibility of that person for receiving a 

gaming license by reviewing the applicant's prior activities, criminal record, if any, and 

reputation, habits and associations. 

B. If the authorized Tribal official, in applying the standards adopted in this Title, determines 

that licensing the person poses a threat to the public interest or 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, he or she shall not license that person 

in a key employee or primary management official position. 

C. Copies of the eligibility determination shall be included with the notice ofresults that must 

be submitted to the NIGC before the licensing of a Primary Management Official or Key 

Employee. 

Section 8. Notice of Res nits of Background Investigations. 

A. Before issuing a license to a primary management official or key employee, the Tribal 

Gaming Commission shall prepare a notice of results of the applicant's background 

investigation to submit to the NIGC. 

26 
1. The notice of results must be submitted to the NIGC no later than 60 days after the 

applicant begins working for the Tribe. 

B. The notice of results shall include the following information: 

1. The applicant's name, date or birth, and social security number; 

2. The date on which the applicant began, or will begin, working as a primary 

management official or key employee; 

3. A summary of the information presented in the investigation report, including: 

4. 

Section 9. 

a. Licenses that have previously been denied; 

b. Gaming licenses that have been revoked, even if subsequently reinstated; 

c. Every known criminal charge brought against the applicant within the last 

10 years of the date of the application; and 

d. Every felony offense of which the applicant has been convicted or any 

ongoing prosecution; and 

A copy of the eligibility determination made in accordance with Article 6, Sections 

4(B) and 10. 

Granting Gaming Licenses. 

A. All primary management officials and key employees of the gaming operation must have a 

gaming license issued by the Tribe. 

B. The Tribal Gaming Commission is responsible for granting and issuing gaming licenses to 

primary management officials and key employees. 

C. The Tribal Gaming Commission may license a primary management official or key 

employee applicant after submitting a notice of results of the applicant's background 

investigation to the NIGC, as required by Section 8 above. 

D. The Tribal Gaming Commission shall notify the NIGC of the issuance of a license to a 

primary management official or key employee within 30 days of issuance. 

E. The Tribe shall not employ an individual in a primary management official or key 

employee position who does not have a license after 90 days of beginning work at the 

gaming operation. 

F. The Tribal Gaming Commission must reconsider a license application for a primary 

27 
management official or key employee if it receives a statement of itemized objections to 

issuing such license from the NIGC, and those objections are received within 30 days of 

the NIGC receiving a notice of results of the applicant's background investigation. 

1. The Tribal Gaming Commission shall take the NIGC's objections into account 

when reconsidering a license application. 

G. The Tribe will make the final decision whether to issue a license to an application for a 

primary management official or key employee position. 

H. If the Tribal Gaming Commission has issued a license to a primary management official or 

key employee before receiving the NIGC's statement of objections, notice and a hearing 

shall be provided to the licensee, as required by Section 12 below. 

Section 10. Denving Gaming Licenses. 

A. The Tribal Gaming Commission shall not license a primary management official or key 

employee if an authorized Tribal official determines, in applying the standards in Section 7 

above for making a license eligibility determination, that licensing the person: 

1. Poses a threat to the public interest; 

2. Poses a threat to the effective regulation of gaming; or 

3. Creates or enhances the dangers of unsuitable, unfair or illegal practices, methods 

and/or activities in the conduct of gaming. 

B. When the Tribal Gaming Commission does not issue a license to an applicant for a primary 

management official or key employee position, or revokes a previously issued license after 

reconsideration, it shall: 

1. Notify the NIGC; and 

2. Forward copies of its eligibility determination and notice ofresults of the 

applicant's background investigation to the NIGC for inclusion in the Indian 

Gaming Individuals Record System. 

Section 11. Gaming License Suspensions and Revocations. 

A. If, after a license is issued to a primary management official or a key employee, the Tribe 

receives notice from the NIGC that the primary management official or key employee is 

not eligible for employment, the Tribal Gaming Commission shall do the following: 

1. Immediately suspend the license; 

28 
2. Provide the licensee with written notice of the suspension and proposed revocation; 

and 

3. Provide the licensee with notice of a time and place for a hearing on the proposed 

revocation of the license. 

B. The right to a revocation hearing vests only when a license is granted under this Title 

approved by the NI GC Chair. 

C. Following a revocation hearing, the Tribe shall decide whether to revoke or reinstate the 

license at issue. 

D. The Tribe shall notify the NIGC of its decision to revoke or reinstate a license within 

forty-five ( 45) days of receiving notification from the NIGC that a primary management 

official or key employee is not eligible for employment. 

Section 12. Records Retention. 

A. The Tribal Gaming Commission shall retain, for no less than three (3) years from the date a 

primary management official or key employee is terminated from employment with the 

Tribe, the following documentation: 

1. Applications for licensing; 

2. Investigative Reports; and 

3. Eligibility Determinations. 

Section 13. Procedure for Forwarding Applications and Reports for Key Employees and 

Primary Management Officials to the National Indian Gaming Commission; 

Issuance of Temporary License. 

A. l suance of Temporary License: Transmittal of Application to NIGC Chairman. If the 

Commission determines that an Applicant is eligible for a license, it may issue a temporary 

license if it finds that the applicant must start work immediately, pending a review of the 

applicant's eligibility by the National Indian Gaming Commission and/or by the State of 

Nevada under the Compact, as applicable. Within ten (10) days of the issuance of a 

temporary license or upon a determination of eligibility, whichever occurs first, the Tribal 

Gaming Commission shall forward copies of the Applicant's employment/license 

application, and background investigation report and related information to the National 

Indian Gaming Commission and to the State of Nevada if required under the Compact. 

B. Transmittal of Investigative Report to NIGC and State. In addition to the determination 

29 
required in Article 6, Section 4(B) and 10, the Gaming Commission shall prepare and 

forward to the NIGC, and to the State if required under the Compact, investigative report of 

Article 6, Section 6(B) on each background investigation. An investigative report shall 

include all of the following: 

1. Steps taken in conducting a background investigation; 

2. Results obtained; 

3. Conclusions reached; and 

4. The basis for those conclusions. The Tribal Gaming Commission shall submit, with 

the report, a copy of the eligibility determination made under this Section. 

C. Notice of Temporary License Not Issued. If a temporary license is not issued to an 

applicant or ifthe Gaming Commission determines an applicant is not eligible for a license, 

the Gaming Commission: 

1. Shall notify the NIGC and the State ifrequired by the Compact; and 

2. Shall forward copies of its eligibility determination and investigative report to the 

National Indian Gaming Commission for inclusion in the Indian Gaming 

Individual's Record System. 

D. Retention of Records for Appli cants. With respect to Gaming License Applicants, 

including Key Employees, the Gaming Commission shall retain applications for 

employment and reports (if any) of background investigations for inspection by the 

Chairman of the NIGC or his/her designee for no less than three (3) years from the date of 

termination of employment or termination or expiration of a gaming license. 

E. Key Employee Personnel File: When a Key Employee or Primary Management Official is 

employed by the Tribe, a complete application file, containing all the information listed in 

Article 6, Sections 6(B) and 13(B), shall be maintained. 

ARTICLE 7 - LICENSING OF KEY EMPLOYEES, PRIMARY MANAGEMENT 

OFFICIALS AND VENDORS 

Section 1. Granting a Gaming License. 

A. Conditions Precedent to Issuance of License. Before issuing a gaming license to an 

Applicant including a Key Employee or Primary Management Official, the Gaming 

Commission must have forwarded to the NIGC, the results of the background investigation 

and information about the Applicant obtained by the Commission in determining 

eligibility. 

30 
B. Issuance of License. If, within a thirty (30) day period after the National Indian Gaming 

Commission receives the information required in Article 6, Section 5(C), the National 

Indian Gaming Commission notifies the Tribe that it has no objection to the issuance of a 

regular license to the Applicant; the Tribal Gaming Commission may, but is not required to 

issue a regular license to such applicant. In addition, the Gaming Commission, at its sole 

discretion, may impose any qualifications to such a license as it deems appropriate or may 

refuse to issue such license despite an applicant's qualifications. 

C. NIGC Request for Information. The Gaming Commission shall respond to a request for 

additional information from the Chairperson of the National Indian Gaming Commission 

concerning an Applicant who is the subject of a report. Such a request shall suspend the 

thirty (30) day period under Subsection (B), of this Section until the Chairperson of the 

National Indian Gaming Commission receives the additional information. 

D. Eligibility Determination After NIGC Response. If, within the thirty (30) day period 

described above, the National Indian Gaming Commission provides the Tribe with a 

statement itemizing objections to the issuance of a license to an Applicant for whom the 

Tribe has provided an application and investigative report to the National Indian Gaming 

Commission, the Tribal Gaming Commission shall make the final decision whether to 

issue a license to such Applicant. 

E. In lusion of tate; Review Under Compact. Notwithstanding any provision herein to the 

contrary, to the extent the Gaming Commission is required by the Compact to submit 

relevant background and licensing information for Class III Gaming applicants to the State, 

the Gaming Commission may not issue a permanent license until after the applicable 

requirements of the Compact are met. 

Section 2. Common Requirements. 

A. Minimum Age Requirements. No person shall be employed by a Tribal gaming enterprise 

operated on Yerington Paiute Tribal lands who is under the age 18, except that, no person 

shall be employed as a Gaming Employee or Key Employee who is under the age of 21. 

B. License ReguiJed. No person shall be employed as a Primary Management Official or a 

Key Employee in a Class II or Class III Gaming activity who has not first applied for and 

obtained a Tribal gaming license pursuant to this Title and, for Class III Gaming, in 

compliance with the terms and conditions of the Compact. 

C. Licensing of Vendors. Any person or entity proposing to sell, lease, or otherwise provide 

electronic games of chance, other gaming devices, or gaming services to the Tribe is 

required to obtain a gaming license from the Tribe. The standards with respect to such 

licenses are the same as those applicable to Key Employees, except that ifthe applicant is a 

corporation, trust, or partnership, applications must be made by any person or entity 

holding ten percent (10%) or more of any beneficial or legal interest in such entity. 

31 
D. Identification Badge. Every Gaming Employee employed at a Tribal gaming facility 

operated on Yerington Paiute Tribal lands shall wear an identification badge during work 

hours that conspicuously states his or her full name, title, and place of employment. 

Section 3. License Suspension and Re ocation. 

A. Temporary uspension. If, after the issuance of a temporary or permanent gaming 

license, the Gaming Commission receives from the NIGC, the State, or any other source 

reliable information indicating that an Applicant is not eligible for employment under 

Article 6, Section 4(B) and 10, the Gaming Commission shall suspend such license and 

shall notify the Licensee in writing of the suspension and the proposed revocation. 

B. Notice of Hearing. The Gaming Commission shall notify the Licensee of a time and a 

place for a hearing on the proposed revocation of a license. The hearing following the 

Gaming Commission's action to suspend, shall be held no later than forty-five (45) days 

from the date of the action, unless the Gaming Commission grants an extension of time for 

the hearing to be held or the Licensee agrees to an extension. 

C. Decisions. After a revocation hearing, the Gaming Commission shall decide to revoke or 

to reinstate a gaming license. The Gaming Commission shall notify the NIGC, and the 

State if required by the Compact, of its decision. 

D. Non-Appealable. Decisions by the Gaming Commission to suspend or revoke a 

temporary license are not appealable. 

E. Aooeal. Decisions by the Gaming Commission to suspend or revoke a regular license 

may be appealed to the Tribal Court by filing an appeal to the Tribal Council within thirty 

(30) days of a final decision of the Gaming Commission according to Article 9, Section 6. 

Unless a complaint is timely filed under this Section, the Gaming Commission's decision 

shall be final, and the Tribal Court shall have no jurisdiction to review the Gaming 

Commission's action. If a timely complaint is filed, the complaint shall be heard according 

Lo Lhe provisions of Aiiicle 9, Section 6, Hearings and Appeals. 

F. Decision. A copy of the Gaming Commission's decision, and if applicable, the Tribal 

Court's decision, regarding the revocation of a license shall be sent to the NIGC, and to the 

State if required by the Compact. 

ARTICLE 8-CLASS II GAMING 

Section 1. Definitions. 

A. List of Class II Terms. Except as otherwise provided in this Title, the Compact or the 

regulations of the NIGC, the following terms are defined as follows: 

1. "Bingo" means bingo as defined in Article 1, Section 4 of this Title. 

32 
2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

Section 2. 

"Bingo Occasion" means a single session or gathering at which a series of 

successive bingo games are played. 

"Card Games" means non-banking card games played in conformity with Nevada 

State law regulating hours, wages and pot limitations. 

"Class II Electronic Aid" means and includes and electronic device or machine that 

is approved by the National Indian Gaming Commission or a Federal court for use 

as a Class II game pursuant to 25 U.S.C. §2703(7). 

"Game Card" and "Bingo Card Game" mean a regular or special Bingo Card. 

"Lotto" means a game of chance played for prizes with cards bearing numbers or 

other designations in which the player holding the card covers such numbers or 

designations when objects similarly numbered or designated are drown or 

otherwise randomly determined, in which the game is won by the first player to 

cover a pre-designated arrangement on the card. 

"Pull Tabs" means factory covered tickets which are purchased and opened by 

customers revealing a predetermined winning arrangement. 

"Punch Board" means a small board that has many holes, each filled with a rolled 

up printed slip to be punched out upon payment of a player fee, in an effort to obtain 

slips that entitles the player to a designated prize. 

"Regular Bingo Card" means a board card issued to a person upon payment of 

admission fee which affords a person the opportunity to participate in all regular 

bingo games played at a bingo occasion. 

"Special Bingo Card" means a disposable, specially marked bingo card which 

affords a person the opportunity Lo parlicipate in a special bingo game for special 

prizes, or a game card generated by and appearing on the screen of a computer 

employed by the gaming facility and assigned to a player for a bingo game(s). 

"Special Bingo Game" means any bingo game which is not a regular bingo game 

and which is played with special bingo cards whether or not for special prizes. 

"Tip Jars" means a game of chance, wherein a person upon payment of a fee, is 

permitted to reach into, tip ajar containing printed slips, and extract one slip in an 

effort to obtain a slip that entitles the player to a designated prize. 

Persons Authorized to Conduct Class II Gaming. 

No person or entity shall own, operate or conduct a Class II Gaming activity on Indian lands unless 

33 
that person or entity has first received a license to conduct a Class II Gaming activity from the 

Gaming Commission. The initial license of any Class II Gaming operation must also be approved 

by the Tribal Council. 

Section 3. Ownership of 

A. Except as expressly provided otherwise herein, or in the Compact, the Yerington Paiute 

Tribe shall have the sole propriety interest in any Class II Gaming operation or facility 

conducted on Indian lands. 

B. Notwithstanding subparagraph A above, in the event that Article 2, Section 3 of this Title is 

amended to permit non-tribally owned Class II Gaming, then the Gaming Commission, 

with the prior approval of the Tribal Council, may license a Class II Gaming activity 

owned in whole or in part, by a person or entity other than the Yerington Paiute Tribe, 

provided that (a) the licensing standards for individually owned Class II Gaming shall be at 

least as restrictive as those established by State law governing similar gaming within the 

jurisdiction of the State; and (b) no license may be issued to such a person or entity unless 

the person or entity has first expressly agreed in writing on a form prescribed by the Tribal 

Gaming Commission that: 

1. The gaming activity shall be subject to the regulations prescribed in the Section. 

2. Not less than sixty percent (60%) of the net revenues from the gaming activity shall 

be income to the Tribe. 

3. The person who owns the gaming activity or entity: 

a. Is eligible to receive a license from the State of Nevada to conduct the same 

gaming activity on lands subject to State jurisdiction; and 

b. Shall pay an appropriate assessment to the National Indian Gaming 

Commission for the regulation of the gaming activily, as required by 25 

U.S.C. §2717(a)(l). 

4. A license to own or operate a Class II Gaming establishment shall not be granted 

unless the Applicant has satisfied the Gaming Commission that: 

a. He has adequate business ability, confidence and experience in gaming, and 

the proposed gaming operation will generate new revenue for the Tribe; and 

b. The proposed financing of the operation is adequate for the nature of the 

proposed operation and from a suitable source, and lender or other source of 

money or credit that the Gaming Commission finds does not meet 

appropriate standards may be deemed unsuitable. 

34 
5. The Gaming Commission may in its discretion grant a license to a corporation that 

has complied with the provisions of this Title. 

6. The Gaming Commission may in its discretion grant a license to a limited 

partnership that has complied with this Title. 

7. No person or limited partnership, except one whose sole limited partner is a 

publicly traded corporation which has registered with the Gaming Commission, or 

business trust organization or other association of a quasi-corporate character, is 

eligible to receive or hold any license, or be a Licensee or operator under this Title 

unless all persons having any direct or indirect interest therein of any nature 

whatsoever, whether financial, Administrative, policy making or supervisory, are 

individually qualified to be licensed under the provisions of this Title. 

8. The Gaming Commission may limit the number of persons who may be financially 

interested in any corporation or other organization or association licensed under 

this Title, consistent with 25 U.S.C. §2700, et seq., and establish such other 

qualifications for licenses as it may, in its discretion, deem to be in the public 

interest and consistent with the declared policy of the Tribe and the IGRA. 

C. Income to the Tribe from the gaming activity shall only be used for the purposes described 

in Article 2, Section 5 of this Title. 

Section 4. Management Contract·. 

The Tribe may enter into a management contract for the operation and management of Class II 

tribal gaming operations. Each such contract must comply with the provisions of this Title, other 

applicable provisions of Tribal law including, but not limited to, tribal employment preference 

laws, and provisions of Federal law (including, but not limited to, 25 U.S.C. §2711). 

Section 5. Games Permitted. 

A. The Tribe and/or any licensed Class II owner and operator may conduct any Class II games 

and any combination of Class II games. 

B. A schedule of the Class II games to be conducted and a description of prizes offered must 

be conspicuously posted at each entrance to the Class II facility each week in which games 

will be conducted at least 24 hours prior to the start of the first game scheduled. 

Section 6. Bingo Game Cards. 

A. Each facility shall provide the game cards to be used for each bingo game conducted and 

each card shall be marked to indicate the issuing facility. 

B. Special bingo cards must be issued separately from regular bingo cards, and must be 

35 
specially marked to indicate the particular special bingo game, including the date and the 

facility of issuance. In the case of computer-generated cards, the computer must be 

programmed to lock on a card at the start of the game, prior to calling of the first number or 

designated symbol, so as not to permit altering or changing of the card during the game and 

every winning card must be verified. A special bingo card shall be valid only for the 

designated game. 

Section 7. Player Limitation. 

The number of persons permitted to play any Class II game shall be determined by the owner, 

operator or manager as is appropriate, except that: 

A. The number of people permitted in the facility or in any room in the facility shall not 

exceed the limitation of the number permissible under the applicable fire, building or other 

safety codes or standards. 

B. The number of people permitted to play any bingo game shall not exceed the number of 

seats available in the room(s) in which the game is being played. 

Section 8. Entry Prohibited. 

No person may enter any room in which a bingo game is being played unless the person is a player, 

except facility employees and persons present by authority of the Gaming Commission, for 

purposes of inspection or regulatory duties. 

Section 9. Hour of Operation; Notice By Gaming Commission. 

A. Class II Gaming may be conducted twenty-four (24) hours a day, seven days a week, unless 

the Gaming Commission, by license, regulation or otherwise, limits the hours of operation 

of any Class II Gaming facility. 

B. Unless notified otherwise by the Gaming Commission, each licensed Class II Gaming 

facility shall have the right to operate twenty-four (24) hours a day, seven (7) days a week. 

ARTICLE 9 - CLASS ill GAMING 

Section 1. Persons Authorized to Conduct Class Ill Gaming. 

No person or entity shall conduct a Class III Gaming activity on Indian lands unless that person or 

entity has first complied with the terms and conditions of the Compact and has received a license 

to conduct a Class III Gaming activity from the Gaming Commission. The initial license of any 

Class III tribal gaming operation must also be approved by the Tribal Council. 

Section 2. Persons Authorized to Own a Cla s Ill Gaming Operation. 

36 
A. Except as expressly provided otherwise herein, the Yerington Paiute Tribe shall have the 

sole proprietary interest in any Class III Gaming operation or facility. 

B. In the event that Article 2, Section 3 of this Title is amended to permit non-tribally owned 

Class II Gaming, the Gaming Commission, with the prior approval of the Tribal Council, 

may license a Class III Gaming facility owned in whole or in part by a person or entity 

other than the Yerington Paiute Tribe, provided that the Compact permits non-Tribally 

owned gaming and provided, further, the licensing standards for individually owned Class 

III Gaming shall comply with the Compact, and all other applicable provisions of Federal 

law are satisfied. Any such gaming activity shall be subject to regulations prescribed by the 

Gaming Commission which shall be consistent with the Compact and applicable 

provisions of the IGRA. 

1. 

2. 

Section 3. 

The gaming activity shall be subject to the regulations prescribed in this Section. 

Not less than sixty percent (60%) of the net revenue from the gaming of non-Tribal 

gaming facilities or operations shall be income to the Tribe. 

Authorized Operations. 

Class III Gaming is prohibited on the Reservation unless such gaming is licensed and authorized 

pursuant to the provisions of the Compact and this Title. 

A. Operation of Class III Gaming Facilities. 

1. A tribal or non-tribal gaming facility may operate Class III Gaming at one or more 

facilities on the Yerington Paiute Tribe's lands if: 

Section 4. 

(a) the proposed facility is granted a gaming license and is otherwise in 

compliance with the requirements of this Title; 

(b) the proposed facility is in compliance with the Compact; and 

( c) the Class III Gaming operation proposal complies with all other applicable 

laws and regulations. 

Management Contracts. 

The Tribal Council may enter into a management contract for the operation and management of 

Class III tribal gaming activities. Each such contract must comply with the provisions of this Title, 

the Compact, other applicable provisions of tribal law (including, but not limited to, tribal 

employment preference laws), and provisions of Federal law (including, but not limited to, 25 

u.s.c. §2711). 

Section 5. Games Permitted. 

37 
A. Any Class III game or games permitted pursuant to the Compact may be conducted on the 

Reservation, subject to the restrictions and conditions set by the Gaming Commission. 

B. Conduct of any Class III game that is first legalized within the State of Nevada after the 

date of the Compact then in effect, or which heretofore becomes permitted on Indian lands 

under Federal law, pursuant to the Compact or amendments thereto may be authorized by 

the Gaming Commission by regulation. Class III Tribal gaming activities may include 

internet gambling and inter-state sports betting, to the extent permitted by State law. 

Section 6. Hearing and Appeal . 

A. Licensing Decisions. Any person or entity whose application for a gaming related 

license is denied, or whose license has been suspended or revoked, may request a hearing 

before the Gaming Commission by written request submitted within 15 days following 

receipt of notice of the action of the Gaming Commission. The Gaming Commission 

shall hold a hearing within 45 days of the filing of the request and as provided in At1icle 7, 

Section 3. 

B. Patron Dispute Resolution. Patrons with complaints against the gaming establishment shall 

have as their sole remedy the right to file a petition for relief with the Tribal Gaming 

Commission. Complaints shall be submitted in writing. The Commission shall hold a 

hearing within 30 days of the receipt of the petitioner's complaint. The petitioner may have 

counsel present at the hearing. The petitioner may be allowed to present evidence, at the 

discretion of the Commission. After the hearing, the Commission shall render a decision in 

a timely fashion. All such decisions will be final when issued. Any patron complaint must 

be submitted to the Commission within thirty (30) days of the incident giving rise to the 

complaint. The Commission's decision shall constitute the complainant's final remedy. 

C. Appeal to Tribal Court. Any rulings of the Gaming Commission or assessment by the 

Gaming Commission of a penalty under Section 6 may be appealed within thirty (30) days 

of the Gaming Commission's decision to Tribal Court, in an action naming the Gaming 

Commission as sole defendant. In any such action, the Tribal court shall give appropriate 

deference to the expertise of the Gaming Commission. The sovereign immunity of the 

Gaming Commission is waived, only with respect to such action, but only if filing 

deadlines are strictly followed, and only to the extent of either an order affirming the 

Gaming Commission 's decision, or: 

I. In a licensing dispute, to an order awarding or reinstating a License; 

2. In a patron dispute regarding a particular wager, an order that a patron is entitled to 

a jackpot or payoff, or to return the wagered amount; or 

3. Regarding assessment of penalties, to an order reversing, abating, reducing, or 

enhancing a penalty assessed by the Gaming Commission. 

38 
The Tribal Court may impose conditions on the above awards of relief. In no event may 

the Tribal Court assess prejudgment interest, costs, or attorney's fees against the Gaming 

Commission. All determinations of the Tribal Court under this Section are final, and 

subject to no further appeal. 

D. Confidential Information. Where Gaming Commission action is based upon confidential 

information, which may not as a matter of law or policy be disclosed to the aggrieved 

person, such circumstances shall not be grounds for reversal of the Gaming Commission's 

decision, and the aggrieved person shall have no right to such confidential information in 

proceedings before either the Gaming Commission, Tribal Court, or any other forum. The 

public interest in the integrity of gaming is such that the burden of proof with respect to 

gaming issues, especially regarding fitness for licensing, shall be upon the individual. 

E. Hearing Procedures. The Gaming Commission, Tribal Council, or Tribal Court System 

may adopt such additional procedures and rules for the conduct of hearings as either deems 

necessary or convenient so long as they are consistent with this Title and other provisions 

of applicable law. 

Section 7. Prohibited Acts and Penal.tie . 

A. Prohibited Acts. It shall be a violation of this Title for any person to: 

1. Conduct or participate in any Class II gaming operation on the Reservation other 

than at a licensed gaming facility and in the case of Class III gaming, conduct or 

participate in any Class II gaming operation other than at a facility licensed and 

owned by the Tribe. 

2. Receive, distribute, apply, or divert any property, funds proceeds, other assets of 

the Gaming Operation to the benefit of any person except as authorized by this 

Title, the Compact or the Act. 

3. Tamper with any equipment used in conduct of Tribal Gaming Operations, or <lo 

any other act in connection with Tribal Gaming Operations, with the intent to cause 

any person to win or lose any wager other than in accordance with the publicly 

announced rules of such Gaming Operation. 

4. Alter or misrepresent the outcome or other event on which wagers have been made 

after the outcome is made sure but before it is revealed to the players. 

5. Place, increase, or decrease a bet or to determine the course of play after acquiring 

knowledge not available to all players of the outcome of the game or any event that 

affects the outcome of the game or which is the subject of the bet, or to aid anyone 

in acquiring such knowledge. 

6. Claim, collect, or take, or attempt to claim, collect or take, money or anything of 

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value in or from a gaming device, with intent to defraud, without having made a 

wager, or to claim, collect, or take an amount greater than the amount won. 

7. Place, increase, or reduce a bet after acquiring knowledge of the outcome of the 

game of chance or other event which is the subject of the bet, including past 

posting, pressing, and pinching bets. 

8. Manipulate, with the intent to cheat, any component of an electronic game of 

chance or gaming device in a manner contrary to the designed and normal 

operational purpose for the component. 

9. Use, anything other than coins or tokens approved by the Commission, or other 

lawful legal tender, or use a coin not of the same denomination as the coin is 

intended to be used in the gaming device. 

10. Possess or use any device or means to cheat while at the Gaming Facility. 

11. Engage in Class II or III gaming if under the age of 21, or assist, permit, or facilitate 

gaming by such person. 

B. Civil Penalties. Any person who violates any provision of this Title, including the 

provisions of the Compact, shall be subject to civil penalties including exclusion from 

employment or other involvement with any Gaming Operation, denial or revocation of a 

Tribal Gaming License, exclusion from attendance at any Gaming Facility, exclusion from 

the Reservation if a non-member of the Tribe, or with respect to any person subject to 

jurisdiction of the Tribe, to impose such fines of not more than $5,000 for each violation. 

The Commission established pursuant to this Title, shall have the jurisdiction of the Tribe 

to impose such penalties, except with respect to exclusion from the Reservation, which the 

Commission may recommend for the action by the Tribal Council. 

Section 8. Violations. 

A. Crimes; Crimjnal. Pe;1al.ties. 

1. It shall be unlawful for any person to: 

(a) Operate or participate in gaming on Indian lands in violation of the 

provisions of this Title or in violation of rules and/or regulations 

promulgated pursuant to this Title; 

(b) Knowingly make false statement in an application for employment with a 

gaming activity or enterprise, or in an application for a license to operate a 

gaming activity or enterprise on the Yerington Paiute Tribal lands; 

(c) Bribe or attempt to bribe, or unduly influence or attempt to unduly 

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2. 

3. 

Section 9. 

influence, any person who licenses, operates, conducts, assists, or is 

otherwise employed in a gaming activity or enterprise located on the 

Yerington Paiute Tribal lands; or 

(d) Violate any other provisions of Tribal law, applicable State or Federal law 

on the premises of any Gaming Facility. 

Any Indian who violates a provision of this Title or of other tribal law relating to 

gaming activities may be fined not more than $1,000, and/or imprisoned for up to 

one (1) year for each violation. A separate violation occurs on each day that a 

violation arises or continues. Any non-Indian who violates a provision of this Title 

shall be subject to a civil fine, and may be excluded from the Indian lands within 

the jurisdiction of the Yerington Paiute Tribe as well as prosecuted Federally or by 

the State of Nevada, if appropriate. 

Any property used in the commission of a violation of a provision of this Title may 

be seized by the Gaming Commission or its agents. The owner of the property shall 

be afforded an opportunity to object and be heard in accordance with principles of 

due process according to the Appeals and Hearing's process of Article 9, Section 6. 

If no objection is raised or the objection is not sustained, the Tribe may dispose of 

the seized property. 

Validity of this Title. 

A. Severabilitv. 

1. If any provision or provisions of this Title is/are held invalid by a court of 

competent jurisdiction, this Title shall continue in effect as if the invalid 

provision(s) was/were not a part hereof. 

2. If any provision of this Title is inconsistent with any provision of the Compact, the 

lerms of lhe Compact shall control. 

B. Effective Date of Title. This Title shall take effect upon enactment by the Tribal council 

and approval by the NIGC pursuant to the IGRA and regulations applicable thereunder; 

and ultimately by the Bureau of Indian Affairs, Department of Interior. Any and all prior 

ordinances regulating gaming on Tribal lands are repealed as of the date this Title takes 

effect. 

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