0 < 

y 0 

"lt I "C.,' 

l\/c COMN' ' 

January 9, 2015 

By First Class Mail 

Darrell Kizer, Chairman 

Washoe Tribe of Nevada and California 

9l9 US HWY 395 S 

Gardnerville, NV 89410 

Re: Washoe Tribe of Nevada California Class II and Class III Gaming Ordinance 

Amendment, Resolution No. 2014-WTC-72. 

Dear Chairman Kizer: 

This letter responds to your request on behalf of the Washoe Tribe of Nevada and 

California ("Tribe") for the National Indian Gaming Commission Acting Chairman to review and 

approve amendments to the Tribe's gaming ordinance. 

The amendments were passed on July 22, 2014 and October 17, 2013 by the Tribal 

Council through Resolution No. 2014-WTC-36 and Resolution No. 2014-WTC-72. Resolution 

2014-WTC-36 amended the Tribe's gaming ordinance in several areas and inc luded changes to, 

among other things, its definitions, the structure of its Tribal Gaming Commission, and the 

process for performing background investigations. Resolution No. 2014-WTC-72 provides four 

additional amendments to the Tribe's gaming ordinance. First, it provides for a patron dispute 

resolution process. Second, it updates the language within the Privacy Act notice. Additionally, 

the amendments also change the Tribe's reporting requirements to the NIGC for background 

investigations by (I) providing the NIGC with notice both before and after the Tribal Garn ing 

Commission issues a gaming license; and (2) by providing the NIGC with a summary of the 

investigative report generated by the Tribe's background investigation rather than the entire 

repo1t. Finally, the amendment updates the Tribe's revocation hearing procedures to provide that 

"the right to a revocation hearing vests only upon receipt of a license granted under an ordinance 

approved by the NIGC Chair." 25 C.F.R § 558.4(d). 

Thank you for bringing the amendments to our attention. The amendments are approved 

as they are 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 Staff Attorney Andrew 

Mendoza at 202-632-7003. 

Sincerely, 

'~ ,/,-0 

/ Jonodev 0 . Chau 1llri 

[ / Chairman (Acting) 

NEW MAlllNG ADDRESS: NIGC/DEPAllTMENT 0~ THE INTERIOR I il49 C Street NW, Moil Stop II 1621 Wusti:rioJo,., DC 20240 Tel: 202.632.7003 Fox: 202.632.7066 

REGIONAL OfFIC~S Po11lond, OR; SocrorMntc, CA: Pho~nix, AZ; $1 'oul, MN; Tulsa OK; Oklohon1o City, OK 

WWW.NIGt.oov 
''. 

Resolution No. 2014-WfC-36 

RESOLUTION OF mE GOVERNING BODY 

OFmE 

WASHOE TRIBE OF NEV ADA AND CALIFORNIA 

WHEREAS, the Washoe Tribe of Nevada and California is organized under the 

provisions of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), 

as amended, to exercise certain rights of home rule and to be responsible 

for the general welfare of its membership; and 

WHEREAS, under Article VI, Section l(f) of the Constitution of the Washoe Tribe of 

Nevada and California ("Washoe Tribe"), the Tribal Council has the 

authority to promulgate ordinances for the regulation of gaming; and 

WHEREAS, the Washoe Tribal Council recognizes that an important function of the 

Tribal government is the safeguarding of the political integrity, economic 

security and general welfare of the Washoe Tribe, the health and safety of 

visitors to the Washoe Reservation, and the establishment of standards 

and regulations to govern the conduct of gaming activities; and 

WHEREAS, the Washoe Tribe currently has an ordinance entitled "Title 21, Gaming 

Regulation" which was approved by the National Indian Gaming 

Commission on June 29, 1998 but has now grown outdated and noncompliant with the Indian Gaming Regulatory Act and the Tribal-State 

"Slots Only" Gaming Compact between the Washoe Tribe and the State 

of Nevada; and 

WHEREAS, the Washoe Tnbal Council has reviewed the proposed changes to Title 21 

and agree that they are necessary to modernize the Washoe Tribe's laws 

for the regulation of gaming and to make such laws compliant 'With the 

requirements of the Indian Gaming Regulatory Act and the Tribal-State 

"Slots Only" Gaming Compact between the Washoe Tribe and the State 

of Nevada. 

NOW IBEREFORE BE IT RESOLVED that the Washoe Tribal Council hereby adopts 

the attached amended Title 21, which by this reference is incorporated in 

and made a part of this Resolution and which replaces the current Title 21 

in its entirety. 

NOW THEREFORE BE IT RESOLVED that the Washoe Tribal Council hereby 

authorizes the submission of the amended Title 21 to the National Indian 

Gaming Commission for its review and approval. 

NOW THEREFORE BE IT FINALLY RESOLVED that the amended Title 21 adopted 

hereWlder shall supersede and replace all previous versions of Title 21. 
' I • 

CERTIFICATION 

It is hereby certified that the Tribal Council of the Washoe Tribe of Nevada and 

California, composed of twelve (12) members, of whom eleven (11), constituting a 

quo~ were present at a meeting duly held on the 11th day of July, 2014, and that the 

foregoing resolution was adopted by the affirmative vote of 9 for, -0-against, and 2 

abstentions, pursuant to the authority contained in Article VI, Section l(f), of the 

Amended Constitution of the Washoe Tribe of Nevada and California. 

?D

a(<~ ate .2,;J, 2-0!</ c:::=Y«.-nc.ev.ua

Tamara Crawford, Secretary/f~ " .. surer 9 

CERTIFIED G0P¥ 

The document to which this certificate is 

attached is a full, true and correct copy of the 

ori · nel on file in this • 
Resolution No. 2014-WTC·72 

RESOLUTION OF mE GOVERNING BODY 

OF THE 

WASHOE TRIBE OF NEV ADA AND CALIFORNIA 

WHEREAS, the Washoe Tribe of Nevada and California is organized under the 

provisions of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), 

as amended, to exercise certain rights of home rule and to be responsible 

for the general welfare of its membership; and 

WHEREAS, under Article VI, Section 1(f) of the Constitution of the Washoe Tribe of 

Nevada and California ("Washoe Tribe"), the Tribal Council has the 

authority to promulgate ordinances for the regulation of gaming; and 

WHEREAS, the Washoe Tribal Council recognizes that an important function of the 

Tribal government is the safeguarding of the political integrity, economic 

security and general welfare of the Washoe Tribe, the health and safety of 

visitors to the Washoe Reservation, and the establishment of standards 

and regulations to govern the conduct of gaming activities; and 

WHEREAS, the Washoe Tribe currently has submitted its recently amended 

ordinance entitled 11Title 21, Gaming Regulation" to the National Indian 

Gaming Commission (NIGC) for review; and 

WHEREAS, the NIGC has recommended additional amendments to ensure the Tribe's 

Gaming Regulations are compliant with the Indian Gaming Regulatory 

Act. 

. NOW THEREFORE BE IT RESOLVED that the Washoe Tribal Council hereby adopts 

the attached amended Title 21, which by this reference is incorporated in 

and made a part of this Resolution and which replaces the current Title 21 

in its entirety. 

NOW mEREFORE BE IT FINALLY RESOLVED that the amended Title 21 adopted 

hereunder shall supersede and replace all previous versions of Title 21. 

CERTIFICATION 

It is hereby certified that the Tribal CoWlcil of the Washoe Tribe of Nevada and 

California, composed of twelve (12) members, of whom eleven (11 ), constituting a 

quorum" were present at a meeting duly held on the 15th day of October, 2014; and that 

the foregoing resolution was adopted by the affirmative vote of 10 for, (-0-) against, ~d 

(-1-) abstention, pursuant to the authority contained in Article VI, Section l{f), of the 

Amended Constitution of the Washoe Tribe of Nevada and California. 

CE~"" F ED COPY - · tfltt-h-1/b 

Date 

~ . - thi~; Jrrcrl,CC:Pmtat>l ~fl~ran&C

wford

-4, .A\.

Se

c:2:r

cretary/1¥""eisurer 

-<~ 

~~~

.11 frt~ 

?.(· 
Washoe Tribe of Nevada and California 

Law & Order Code 

TITLE 21- GAMING REGULATION 

21-10 

21-10-10 

21-10-20 

LEGISLATIVE FINDINGS AND PURPOSE 

Gaming Authority 

The Washoe Tribal Council is the recognized governing body of the Washoe 

Tribe of Nevada and California ("Tribe") or ("Washoe") with the responsibility to 

exercise the privileges and powers of self-government, to conserve and develop 

our resow-ces, and to secure the social and economic wellbeing of our Tribe. 

This Title is enacted on the basis of inherent sovereign tribal powers delegated to 

the Tribal Council under Article VI of the Tribe's Constitution and Bylaws, and 

the Indian Gaming Regulatory Act, Pub. L. 100-497, 25 U.S.C. §§ 2701 et seq. 

Findings 

The Tribal Council of the Washoe Tribe of Nevada and California finds that: 

1. The Washoe Tribe ofNevada and California has the sovereign authority to 

operate, license and regulate Gaming activities on lridian lands; 

2. The United States Congress has provided a statutory basis for the 

operation of Gaming by Indian Tribes and on Indian lands as a means of 

promoting Tribal economic development, self-sufficiency, and strong 

Tribal government; and 

3. Nevada law is not directly applicable on the Washoe 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. 

4. In order to safeguard the political integrity, economic security and general 

welfare of the Washoe Tribe of Nevada and California, as well as the 

health and safety of visitors to the Washoe Reservation, it is necessary for 

the Tribe to promulgate standards and regulations to govern the conduct of 

Gaming activities on the Washoe Reservation. 

Page 1 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-10-30 

21-20 

21-20-10 

21-20-20 

Purpose 

The purpose of this Title is to provide for the sound regulation of all Gaming 

activities within the Tribe's jW'isdiction; to prevent improper or unlawful conduct 

in the course of such activities, and to promote tribal economic development, selfsufficiency, and strong tribal government. 

GENERAL PROVISIONS 

Title 

This Title is known and may be cited as the Washoe Gaming Ordinance. It shall 

be codified as Title 21 of the Washoe Law and Order Code. 

Definitions 

For the purposes of this Title, the following definitions apply: 

l . Act or IGRA - means the Indian Gaming Regulatory Act, Pub. L. 100-

497, 25 U.S.C. §§ 2701 et seq., as the same may from time to time be 

amended. 

2. Class I Gaming- has the meaning set forth in the Act at 25 U.S.C. 

§2703(6) and 25 C.F.R. §502.2. It means social games played solely for 

prizes of minimal value or traditional forms of Indian gaming engaged in 

by individuals as a part of, or in connection with, tribal ceremonies or 

celebrations. 

3. Class II Gaming- means all forms of gaming which are defined as "Class 

II Gaming" in the Act at 25 U.S.C. §2703(7) and 25 C.F.R. §502.3, 

including: 

(a) Bingo or lotto (whether or not electronic, computer, or other 

technologic aids are used) when players: 

i. Play for prizes with cards .bearing numbers or other 

designations; 

11. Cover numbers or designations when object, similarly 

numbered or designated, are drawn or electronically 

determined; and 

111. Win the game by being the first Person to cover a 

designated pattern on such cards; 

(b) If played in the same location as bingo or lotto, pull~tabs, punch 

boards, tip jars, instant bingo, and other games similar to bingo; 

( c) Non-banking card games that: 

1. State Law explicitly authorizes, or does not explicitly 

prohibit, and are played legally anywhere in the State; and 

Page 2of37 
Washoe Tribe law & Order Code Title 21-Gaming Regulation 

u . Players play in confo1mity with State laws and regulations 

concerning hours, periods of operation, and limitations on 

wagers and pot sizes. 

4. Class Ill Gaming - means all forms of gaming which are defined as "Class 

III Gaming" in the Act at 25 U.S.C. §2703 (8) and 25 C.F.R. §502.4, 

including all forms of gaming that are not Class I Gaming or Class II 

Gaming, including but not limited to: 

(a) Any house banking game, including but not limited to -

i. Card games such as baccarat, chem in de fer, blackjack (21 ), 

and pai gow (if played for house banking games); 

ii. Casino games such as roulette, craps, and keno; 

(b) Any slot machines as defined in 15 U.S.C. 1171 (a) (1) and 

electronic or electromechanical facsimiles of any game of chance; 

(c) Any sports betting and pari-mutuel wagering including but not 

limited to wagering on horse racing, dog racing or jai alai; or 

( d) Lotteries. 

5. Compact-means the Gaming compact between the Washoe Tribe and the 

State of Nevada, entered into pursuant to Section l l(d)(3) of IGRA and 

published in the Federal Register on July 16, 2004, as the same may from 

time to time be amended. 

6. Council- means the Washoe Tribal Council. 

7. Gaming- means collectively any and all activities constituting Class [ 

Gaming, Class II Gaming, Class II1 Gaming, and "gaming" as defined by 

the Compact (gaming activities permitted by State law). 

8. Gaming Employee - means Key Employee, Primary Management 

Official, or other Person who the Council or WTGC deems a Gaming 

employee because of that Person's involvement in Gaming within the 

Reservation. 

9. Gaming License or License- means any license issued by the Tribe or any 

subdivision thereof pursuant to the Washoe Tribe Law & Order Code 

which authorizes the Person named therein to engage in Gaming. 

10. Gaming Licensee - means any Person to whom a valid Gaming License 

has been issued pursuant to the Washoe Tribe Law & Order Code. 

11 . Gaming location, Gaming facility or Gaming operation - means any 

locat.ion where Class II or Class III Gaming is conducted. 

Page 3 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regu,lation 

12. Key Employee - means: 

(a) Any employee or agent of a Gaming operation owned, operated or 

licensed by the Tribe having management responsibility for the 

Gaming operation; 

(b) Any individual who has the authority: 

1. To hire and fire employees of a Gaming operation owned, 

operated, or licensed by the Tribe; or 

11. To set up working policies or procedures for the Gaming 

operation; 

( c) The chief financial officer of the Gaming operation or other 

individual who has financial management responsibility with 

respect to the Gaming operation; 

(d) Any individual holding the position of an officer or director (or 

having like responsibilities regardless of their title), or any other 

Person or individual that would be subject to mandatory or 

discretionary licensing, registration, finding of suitabi 1 ity or 

approval under the Nevada Gaming Control Act or Regulations of 

the Nevada Gaming Commission as they cun-ently exist or may be 

amended; 

(e) An individual who performs one or more of the following 

functions; 

i. Bingo caller; 

11. Counting room supervisor; 

m. Chief of security; 

iv. Custodian of Gaming supplies or cash; 

v. Floor manager; 

v1. Pit boss; 

v11. Dealer; 

vm. Croupier; 

1x. Approver of Credit; or 

x. Custodian of gambling devices including Persons with 

access to cash and accounting records within such devices; 

(f) If not otherwise included, any other Person whose total cash 

compensation is in excess of $50,000.00 per year; or 

(g) If not otherwise included, the four most highly compensated 

Persons in the Gaming operations. 

13. Net Revenues - means gross Gaming revenues of a Gaming operation 

less: 

(a) amounts paid out as, or paid for, prizes; and 

(b) total Gaming-related operating expenses, excluding management 

fees. 

14. NIGC - means the National Indian Gaming Commission established by 

the Act at 25 U.S.C. §2704. 

Page 4 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

15. Person- means a "Person" as defined in NRS 0.039 which means a 

natural Person, any form of business or social organization and any other 

nongovernmental legal entity including. but not limited to, a corporation, 

partnership, association, trust or unincorporated organization but the te1m 

does not include a government, governmental agency or political 

subdivision of a government. 

16. Primary Management Official means: 

(a) The Person having management responsibility for a management 

contract; 

(b) Any Person who has authority to 

i. hire and fire employees; and 

ii. set up working policies for the Gaming operation; or 

( c) The chief financial officer or other Person who has financial 

management responsibility for the Gaming operation. 

17. Reservation-for the purposes of this Title 21 and the Compact only, 

Reservation means all lands within the exterior boundaries of the Washoe 

Tribe Reservation lands as illustrated in the map of the Reservation 

attached to the Compact as Appendix B, and apy additional lands made 

part of the Reservation in the future, so long as such lands are contiguous 

to the current Reservation lands. In addition to the Reservation lands 

identified in Appendix B of the Compact, the term "Reservation" also 

includes any noncontiguous lands, located within the State of Nevada, 

acquired by the Secretary of the Interior, in trust for the benefit of the 

Tribe, but only if the Governor of the State of Nevada concurs that 

Gaming activities may be conducted on such newly acquired lands. 

18. Slot Machine - means any mechanical, electrical 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 

the 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 machine or in any other manner. "Slot 

machine" specifically includes video facsimiles of any game of chance 

authorized underNRS 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 Machines" within the meaning of this 

Code. 

19. State - means the State of Nevada, its authorized agencies, officials, 

agents and representatives. 

Page 5 of37 
Washoe Tribe law & Order Code Title 21-Gaming Regulation 

21-30 

21-30-10 

21-30-20 

21-30-30 

20. State Gaming Control Board - means the Gaming Control Board of the 

State of Nevada. 

21. Tribe - means the Washoe Tribe of Nevada and California and its 

authorized officials, agents, agencies, subdivisions, corporate entities, and 

representatives. 

22. Washoe Tribal Gaming Commission or WTGC-means the Washoe 

Tribe's regulatory body established by this Title 21 of the Washoe Law 

and Order Code for the purpose of regulating Gaming, in accordance with 

the Compact and IGRA. 

23. Within the Jurisdiction of the [Washoe] Tribe - means within the exterior 

boundaries of the Washoe Reservation and includes all territory within 

these limits whether held in fee or trust and includes, to the fullest extent 

permissible under N.R.S. § 372.805, as now written or subsequently 

amended, those places "on an Indian reservation or Indian colony." 

AUTHORIZATION OF GAMING 

Gaming Authorized 

I. Class I Gaming is authorized Within the Jurisdiction of the Washoe Tribe, 

and may be conducted by any Person. Class I Gaming shall not be 

regulated by this Title. 

2. Class II Gaming and Class III Gaming are auth01ized on the Reservation. 

Class II Gaming shall be regulated by the WTGC and shall only be 

operated consistent with the provisions of this Title and IGRA. Class Ill 

Gaming shall be regulated by the WTGC and shall only be operated 

consistent with the provisions of this Title, the Compact, and IGRA. 

Separate License for Each Location 

The WTGC shall issue a separate license to each place, facility, or location where 

Class II or Class III Gaming will be allowed. 

Compacts between the Tribe and the State of Nevada Authorized 

The Tribe has entered into a Gaming Compact ("Compact") with the State of 

Nevada, published in the Federal Register on July 16, 2004. The Compact, 

attachments thereto, and any futw-e amendments to the Compact shall control the 

operation of Class lil Gaming. 

Page 6 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-30-40 

21-30-50 

21-40 

21-40-10 

21-40-20 

The Chairman of the Council may pursue negotiations for amendments or new 

compact(s) with the State. No such amendments and/or compact(s) shall be in 

effect until specifically approved by the Council. 

Compliance with Law 

All Class II and Class 111 Gaming operations on the Reservation shall be 

conducted in accordance with the Act, the NIGC's regulations, other applicable 

federal law, Tribal Law (including this Title and all regulations and orders of the 

WTGC), and the Compact, in the case of Class Ill Gaming, and duly approved 

amendments thereto. This Title shall be construed in a manner which conforms to 

applicable law. 

Repeal of Prior Ordinances 

Alt prior ordinances, regulations and codes heretofore enacted by and for the 

Tribe for the purpose of regulating Gaming are hereby repealed. 

WASHOE TRIBAL GAMING COMMISSION 

Washoe Tribal Gaming Commission Established 

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

Tribal Gaming Commission ("WTGC"), as a governmental subdivision of the 

Tribe which shall be responsible for the safe, lawful, and honest operation of 

Class II and Class III Gaming Within the Jurisdiction of the Washoe Tribe in 

accordance with the Compact, in the case of Class III Gaming, and with 

applicable tribal and federal law. The WTGC may adopt its own operational 

rules, procedures, and/or Bylaws, provided that such operational rules,· 

procedures, and/or Bylaws are not inconsistent with the Washoe Law & Order 

Code or other applicable law or the Compact and any amendments thereto. 

Structure of WTGC 

l. Number. The WTGC may consist of up to five Commissioners, one of 

whom shall be designated by the Council as Chairperson. 

2. Appointment. The Commissioners of the WTGC shall be appointed by 

the Council. 

3. Qualifications. 

(a) At least a majority of the Commissioners shall be Washoe Tribal 

members. Members of the Council may serve as Commissioners 

of the WTGC. 

(b) At least one Commissioner must be selected with special reference 

to training and experience in the fields of investigation, law 

Page 7 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

enforcement, or law. At least one Commissioner shall be chosen 

with special reference to training and experience in the fields of 

accounting, finance, economics, or conunercial Gaming. At least 

one Conunissioner shall be chosen with special reference to 

training or experience in public or business administration. 

(c) No Person may be appointed to the WTGC unless the tribal 

Council is satisfied that the Person has no interest in any private 

Gaming activity on the Washoe Reservation or any activity which 

may have interests in conflict with the lawful and effective 

regulation of Gaming operations on the Washoe Reservation. 

Additional rules and procedures regarding conflicts of interest may 

be adopted in the WTGC Bylaws. 

4. Officers. The WTGC must at least have one Person serve as its 

Chairperson. The WTGC may have other officers. Commissioners may 

hold more than one officer position, but the Chairperson may only serve as 

the Chairperson. The descriptions of the various possible officer positions 

are: 

(a) Chairperson. The Chairperson of the WTGC shall be appointed by 

the Council. The Chairperson presides over all meetings of the 

WTGC, possesses general managerial control of the activities and 

affairs of the WTGC, and must see that all orders and resolutions 

of the WTGC are carried into effect. The WTGC Bylaws may 

assign additional duties to the Chairperson. 

(b) Vice-Chairperson. In the absence of, incapacity of, or conflict of 

interest of the Chairperson, the Vice-Chairperson shall perform the 

duties of the Chairperson. The WTGC Bylaws may assign 

additional duties to the Vice-Chairperson. 

( c) Treasurer. The Treasurer is responsible for the safety and custody 

of all monies and securities of the WTGC. Financial records shall 

be maintained in accordance with generally accepted accounting 

practices and any requirements of the Tribe. The WTGC Bylaws 

may assign additional duties to the Treasurer. 

(d) Secretary. The Secretary ensures that notices for all meetings are 

given in accordance with applicable laws and/or WTGC 

procedures, keeps written minutes of all WTGC meetings, and 

maintains copies of all WTGC Bylaws, Charters, minutes, books, 

and records. The WTGC Bylaws may assign additional duties to 

the Secretary. 

(e) Commissioner-At-Large. The Commissioner-At-Large shall act as 

the Secretary in his or her absence and shall perform other duties 

as are properly designated by the Chairperson. The WTGC 

Bylaws may assign additional duties to the Commissioner-AtLarge. 

Page 8 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

5. Term. Commissioners shall serve staggered terms. The initial terms shall 

be for one to three years to achieve the staggered te1m structure. 

Thereafter, all appointments shall be for three year tem1s. 

6. Vacancies. If a WTGC vacancy occurs for any reason, the Council shall 

appoint a replacement for the remainder of the replaced Person's term. 

7. Resignation and/or Retirement. A Commissioner who wishes to resign or 

retire must do so by giving notice to the Chainnan or Secretary of the 

Tribal Council. The resignation of a Commissioner shall be effective 

upon the date notice is given, unless the notice specifies a later date. 

8. Removal or Suspension. WTGC Commissioners may only be suspended 

or removed by a vote of at least seven members of the Council (with the 

Chairman of the Council entitled to vote), for good cause, including but 

not limited to misfeasance, malfeasance, or nonfeasance in office. 

Removal may be made after the Commissioner has been served with a 

copy of the charges against him or her, and a public hearing before the 

Tribal Council is held on the charges, if requested by the Commissioner 

charged. The request for a public hearing must be made within ten (10) 

days after service upon such Conunissioner of the charges. A record of 

the proceedings at the public hearing must be filed with the Washoe Tribe 

Secretary-Treasurer. 

9. Registered Agent. The Chairperson of the WTGC shall be the agent for 

service of process pursuant to 25 C.F.R. §519.1. Until a Chairperson is 

appointed, the Chairman of the Council shall serve as agent. 

10. Background Checks. All Commissioners appointed to the WTGC must 

complete a background check to the same level as that required of 

employees using the same standards as applied to employees as set forth in 

the regulations adopted to apply to employees pursuant to Section 21-70-

20 of this Title 21. 

11. Compensation. WTGC Commissioners may be compensated by stipend 

when and if agreed to by a majority vote of the Commissioners and only in 

accordance with the Tribal Council approved annual budget of the WTGC. 

12. General Standards of Conduct and Commissioner Liabilities. 

Commissioners shall discharge their duties in good faith and in accordance 

with the requirements of the Washoe Law & Order Code, applicable 

federal law, and the WTGC Bylaws. A Commissioner shall not be liable 

for any action taken as a Commissioner, or any failure to take any action, 

if the Commissioner performed the duties of his or her office in 

compliance with the Washoe Law & Order Code, applicable federal law, 

and the WTGC Bylaws. 

Page 9 of37 
Washoe Tribe Law & Order Code Title 2 I-Gaming Regulation 

21-40-30 Powers and Duties of WTGC 

The WTGC shall administer the provisions of this Title and shall have all powers 

necessary therefore, including the following powers and duties: 

1. Oversight. The WTGC shall have primary responsibility for oversight of 

Class II and Class HI Gaming operations. 

2. Inspection. The WTGC may employ inspectors (all of whom shall be 

licensed as Gaming employees under this Title, Section 21-70-20) who 

may be present at any Gaming facility dw'ing any hours of operation, and 

who shall be under the sole supervision of the WTGC. Such inspectors 

shall have unfettered access to all areas of the Gaming facilities at all 

times, including locked or secured areas. Personnel employed by the 

Gaming operation shall provide such inspectors immediate access to all 

such areas on request at any time. Such inspectors shall report to the 

WTGC regarding any failure by the Gaming operation to comply with any 

applicable law, including but not limited to, this Title or any compact. 

3. Required plans and approvals. The WTGC shall assure that the 

construction, maintenance, and operation of any Tribal Class II or Class 

III Gaming facility shall at all times be conducted in a manner which 

adequately protects public health, safety, and the environment, and 

complies with all applicable federal and tribal laws and, in the case of 

Class III Gaming, with the Compact and any amendments thereto. In 

particular, the WTGC shall: 

(a) Prepare a plan for the protection of public safety and the physical 

security of patrons in each Gaming facility, setting forth the 

respective responsibilities of the WTGC, and if appropriate, any 

federal, state, or local police agency; 

(b) Review and approve floor plans and surveillance systems for each 

Gaming facility and may confer with other governmental or private 

pru.1ies regarding the adequacy of such plans and systems; 

(c) Enforce the health and safety standards applicable to the Gaming 

facilities; and 

( d) Require that prior to the opening of any Gaming facility, a Gaming 

operation shall obtain a "Certificate of Compliance" from the 

WTGC, which shall be issued upon a determination that the 

Gaming. facility complies with such standards. 

4. Resolution of patron complaints and/or disputes. The WTGC shall have 

the authority to resolve patron complaints and/or disputes in accordance 

with the provisions of Section 21-80-20 of this Ordinance. All written 

complaints from any Person regarding any aspect of Gaming operations 

shall ee revie•11ed ey the WTGG and retained for at least five (5) years. 

Page 10 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

The WTGC, including onsite inspectors, may assist in seeking voluntEli·y 

resolution of any complaints. The WTGC may receive any complaint 

from an employee of the Gaming operation or any member of the public 

vfh.o claims to be adversely affected by an act or omissioa of the Gaming 

operation or any Person associated with it which is alleged to be unlavt'fuJ 

or improper and may require such remedial action as it deems appropriate 

to bring the Gaming operation into compliance. The WTGC may for this 

pU:Fpose in its sole discretion, conduct a hearing and receive evidence with 

regard to such complaint if it deems an evidentiary proceeding useful to 

resolve such com.plai:flt. Notwithstanding the above, licensing disputes, 

patffin disputes regarcting particular '*'*'agers, and disputes regarding the 

imposition of penalties, shall be resoh,ed as set forth in Chapter 8 of this 

Title (Seetioe 21 80). 

5. Investigations. The WTGC may on its own initiative investigate any 

aspect of the Gaming operation to protect the public interest in the 

integrity of such Gaming activities and to prevent improper or unlawful 

conduct in the course of such Gaming activities. The WTGC shall 

investigate any report of a failur~ of the Gaming operation to comply with 

applicable law including the provisions of the Compact, and may require 

the Gaming operation to take any con-ective action the WTGC may 

determine appropriate. The WTGC may compel any licensee or Person 

employed by or doing business with the Gaming operation to appear 

before it and to provide such information, documents, or other materials as 

may be in their possession or control to assist in any such investigation. 

6. Backgrolll1d Investigations; Gaming Licenses. The WTGC shall conduct, 

or have conducted, any background investigations required or permitted 

under applicable law, and shall issue, suspend, and revoke all licenses 

pertaining to Class II or Class III Gaming. 

7. Coordination with other agencies. To the extent required by applicable 

law, the WTGC 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 the 

Compact. The WTGC may provide any information to such agencies 

which must or may be provided under applicable law. 

8. Coordination with private entities. To the extent required by applicable 

law, the WTGC shall to the extent practical or advisable in the WTGC's 

opinion coordinate its activities with any Gaming manager, and any other 

contractors, vendors, suppliers, or other private entities with any 

involvement in any aspect of Gaming operations. 

9. Regulations. The WTGC may promulgate, review, and revise as 

necessary regulations, rules, and procedures to govern and facilitate the 

Page 11 of 37 
Washoe Tribe law & Order Code Title 21-Gaming Regu,/ation 

operation and management of the Gaming operation in accordance with 

applicable law. Such regulations, rules, and procedures shall be subject to 

rescission or amendment by the Council. 

10. Compact. In regards, to Class III Gaming, the WTGC shall carry out each 

of the responsibilities and duties set forth for the WTGC in the Compact 

and any amendment thereto. 

11 . Establishment of list of ban-ed Persons. The WTGC may bar any Person 

from working or Gaming at Gaming facilities if, in the view of the 

WTGC, such Person's history, associations, reputation, or habits poses a 

threat to the integrity of Gaming activities. This list of barred Persons 

may be shared with other public or private agencies under Subsection 7, 8, 

and 10 above. 

12. Technical standards. The WTGC shall promulgate, review, and revise as 

necessary technical standards and rules of play for each Class· II and Class 

III game permitted. 

13. Penalties. The WTGC may impose penalties for violations of this Title or 

any compact in accordance with Chapter 9 of this Title (Section 21-90). 

14. Legal remedies; sovereign immunity. The WTGC may in its own name 

bling 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. However, the 

Tribe, including the WTGC and any of its agents acting within their 

authority shall retain sovereign immunity from suit in any court or 

tribunal, including immunity from counterclaims, except as specifically 

provided otherwise in this Title. 

15. Emergency action by WTGC Commissioners. 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 

WTGC, the Chairperson of the WTGC, or any other Commissioner of the 

WTGC acting in the absence of the Chairperson, may issue in the name of 

the WTGC any order which the WTGC 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 WTGC at its earliest 

opportunity, whereupon it may be confirmed or vacated by the WTGC. 

An unreviewed, or unconfirmed emergency order issued under this section 

will lapse within ten (10) days, and must so state. 

Page 12 of37 
Washoe Tribe Law & Order Code Title 21---Gaming Regulation 

21-40-40 

16. The WTGC is a governmental subdivision of the Tribe, having been 

delegated the right to exercise one or more essential governmental 

functions of the Tribe. 

17. The WTGC is hereby clothed with all the privileges and immunities of the 

Tribe, except as specifically limited by this Title or other tribal law, 

including sovereign immunity from suit in any tribal, federal, or state 

court. 

18. Nothing in this Title or any activity of the WTGC shall implicate or any 

way involves the credit of the Tribe or the WTGC. The WTGC shall have 

only those assets specifically assigned to it by the Council or acquired in 

its name by the Tribe or by the WTGC on its own behalf. No activity of 

the WTGC or any indebtedness incurred by it shall implicate or in any 

way involve or affoct any assets of tribal members or the Tribe not 

assigned in writing to the WTGC. 

19. The WTGC shall have perpetual existence and succession in its own 

name, unless dissolved by the Tribal Council pursuant to Tribal law. 

WTGC Operations 

1. Quorum and voting. A majority of WTGC Commissioners shall constitute 

a quorum. A quorum must include either the Chairperson, the Vice 

Chairperson, or a Commissioner designated to act in the absence of the 

Chairperson or Vice Chairperson. No action by the WTGC shall be 

considered official unless ratified by a majority of the quorum at a WTGC 

meeting. Other quorum and voting rules not inconsistent with this Title 

may be established by the WTGC Bylaws. 

2. Recusal. No Commissioner of the WTGC shall participate in any decision 

directly involving the Gaming License, employment, or the direct 

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

adoption. A Commissioner of the WTGC may voluntarily recuse himself 

or herself and decline to participate in any WTGC action or decisions 

when the Commissioner, in his or her own discretion, believes he or she 

could not act fairly or without bias, or that there would be an appearance 

that he or she could not so act. 

3. Meetings. 

(a) Regular meetings of the WTGC shall be held at least monthly, but 

may also be held upon such notice, or without notice, at such times 

and places as the WTGC determines. Unless otherwise specified 

by the WTGC Bylaws, no notice of such regular meetings shall be 

necessary. Special meetings may be called pursuant to the WTGC 

Bylaws. Neither the business to be transacted at, nor the purpose 

Page 13 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-50 

21-50-10 

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

the meeting. 

(b) Any action required or permitted to be taken at a meeting of the 

WTGC may be taken without a meeting if each Commissioner 

signs a written consent to the action. Such consents shall be filed 

with the minutes of the WTGC. 

( c) Commissioners of the WTGC may participate in a meeting by 

conference telephone or similar communications equipment by 

which all Persons participating in the meeting can hear each other. 

A Commissioner participating in a meeting by such means shall be 

deemed present at the meeting. 

(d) Meeting Minutes shall be maintained by the Secretary. The 

Minutes shall be typed and in a consistent format designed to 

guarantee the most infonnative record of all meetings of the 

WTGC. Minutes shall be saved both electronically and in hard 

copy binders. The WTGC Bylaws may specify additional 

requirements for Meeting Minutes. 

( e) All Commissioners are expected to attend all duly held meetings of 

the WTGC and any other non-WTGC meetings or conferences that 

the Commissioner has agreed to attend or has been required to 

attend. If a Commissioner is unable to attend a meeting or 

commitment, the Commissioner must provide notice of his or her 

absence pursuant to the WTGC Bylaws. Failure to provide notice 

of absence may result in an unexcused absence, which may subject 

the Commissioner to penalties as specified in the WTGC Bylaws. 

4 . Executive Sessions. All meetings involving licensure or involving 

confidential topics shall be held in an Executive Session accessible only to 

the Commissioners and their invited advisors, consultants or staff. 

5. Reports to the Tribal Council. At least one Commissioner shall attend 

each regularly scheduled Tribal Council meeting and report generally on 

any actions taken by the WTGC in the previous month (without revealing 

any confidential information of the WTGC). At least annually the WTGC 

shall provide a written report of activities of the WTGC with sufficient 

detail as requested by the Chainnan of the Tribal Council but without 

including any confidential inf01mation of the WTGC. 

FINANCIAL MATTERS 

Application of Net Revenues 

Tribal revenues from any Gaming activity are not to be used for any purpose other 

than: 

1. To fund tribal govenunent operations or programs; 

Page 14 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-50-20 

21-50-30 

21-60 

21-60-10 

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

3. To promote the Tribe's economic development; 

4. To donate to charitable organizations; 

5. To help fund operations oflocal government agencies; or 

6. Other purposes permitted under the Act. 

Budgets 

The WTGC shall propose to the 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 compliance and investigative services to assist it. The WTGC shall be 

funded via appropriation from the Tribal government and not directly funded 

from the Gaming operation. The Council shall ensure that the WTGC is funded 

appropriately. 

Audits 

The WTGC and Council shall cause to be conducted independent audits of 

Gaming operations at least annually, as required by federal law and under 25 

C.F.R. §522.4(b) (3) and §§571.12-14 and the Compact and shall submit the 

results of those audits to the NIGC and the State (as required by the Compact). 

AH Gaming-related contracts that result in purchase of supplies, services, or 

concessions for more than $25,000.00 in any year (except for contracts for 

professional legal and accounting services) shall be specifically included within 

the scope of such audit. The WTGC, Council, or NIGC may call for special 

audits at any time. 

BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT 

OFFICIALS AND KEY EMPLOYEES 

Required Background Investigations 

All Primary Management Officials and Key Employees of any Class II or Class 

III Gaming operation shall be subject to background investigations required by 

the Act, NIGC regulations, this Title and the Compact. Background 

investigations shall be conducted at the outset of employment, and shall be 

ongomg. 

Statement of Background Check Responsibilities; Delegation or Contracting 

Responsibilities 

1. The Tribe is responsible for the conduct of background investigations and 

suitability determinations. The WTGC shall have primary responsibility 

for conducting and causing to be conducted the background investigations. 

Page 15 of37 
1. 

Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-60-30 

2. The WTGC may delegate the responsibility for conducting background 

investigations to a Person or agency outside of the WTGC, so long as such 

Person or agency members have already undergone a background check 

and have been approved by the WTGC. However, if the WTGC delegates 

the responsibility for conducting background investigations, such 

investigations shall remain subject to the review and approval of the 

WTGC. 

3. The Tribe may contract with the State to permit the State to conduct 

background checks, pursuant to the terms of the Compact. 

Notices to Applicants 

1. The following notice shall be placed on the application form for a Key 

Employee or a Primary Management Official before that form 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 Washoe Tribale Gaming Commission and the National Indian 

Gaming Commission ("NIGC") members and staff who have need 

for the information in the performance of their official duties. The 

info1mation may be disclosed by the Washoe Tribe or the NIGC to 

appropriate federal, Tribal, State,-ef local. or foreign law 

enforcement and regulatory agencies officials, or when relevant to 

civil, criminal or regulatory investigations or prosecutions, or when 

pursuant to a requirement by a tribe or the NIGC, or 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 the Washoe Tribe of Nevada and 

California being unable to hire-license you ffifor a primary 

management official or key employee position. 

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

However, failure to supply a SSN may result in errors in 

processing your application." 

2. The following notice shall be placed on the application form for a Key 

Employee or a Primary Management Official before that form is filled out 

by an applicant: 

Page 16 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-60-40 

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

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

license. Also, you may be punished by fine or imprisorunent ( 18 

u.s.c. §1001)." 

Information from Applicants 

The WTGC shall obtain from any candidate for Primary Management Official or 

Key Employee at least the following information: 

1. 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. Cun-ently and for the previous five (5) years: all business and employment 

positions held, ownership interests in those businesses, business and 

residence addresses, and driver's license numbers; 

3. The names and current addresses of at least three Personal references, 

including one Personal reference who was acquainted with the applicant 

during each period of residence listed under subsection 2 above; 

4. Cun·ent business and residence telephone numbers; 

5. A description of any existing and previous business relationship with 

Indian tribes, including ownership interests in those businesses; 

6. A description of any existing and previous business relationships within 

the gaming industry, including ownership interests in those businesses; 

7. 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; 

8. 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; 

9. For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traffic violations) within ten (10) years of the date of the 

application, the name and address of the court involve<;l and the date and 

disposition; 

10. For each criminal charge (excluding minor traffic charges) whether or not 

there is a conviction, if such criminal charge is within ten (I 0) years of the 

Page 17of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-60-50 

date of the application and is not otherwise listed pursuant to subsection 8 

or 9 above, the criminal charge, the name and address of the court 

involved and the date and disposition; 

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

the Person has filed an application for an occupational license or permit, 

whether or not such license or permit was granted; 

12. A recent photograph; 

13. Any other information the WTGC or Council deems relevant; and 

14. Fingerprints certified as adequate by a professional law enforcement 

agency. The WTGC shall arrange for the obtaining and processing of 

fingerprints through the Tiibe's Police Department. 

Rules Regarding Background Investigations 

l. Confidentiality of third party source. The Tribe, the WTGC, and all 

affiliated agents and employees shall keep confidential the identity of each 

Person interviewed in the course of a background investigation. 

2. Retention ofrecords. The WTGC shall retain applications for 

employment, applications for licensing, eligibility determinations, and 

reports (if any) of the background investigations for at least three (3) years 

from the date of termination of employment, or three years from the date 

such documents were created ifthe applicant was never actually 

employed. Such records shall be made available on request of the Council 

orNIGC. 

3. Conduct of investigation. Background investigations must be of sufficient 

quality to enable the WTGC to make a dete1mination of eligibility under 

Section 21-60-60. The investigation shall include, at minimum: 

(a) Verification by oral or written communication of all relevant 

info1mation in the application; 

(b) Interviews of current and prior employers for the preceding five (5) 

years; 

( c) Interviews of all Personal references; 

( d) A criminal history check, including a check of criminal history 

records information maintained by the Federal Bureau of 

Investigation; 

(e) An interview with the applicant; 

(f) A thorough inquiry into the applicant's prior activities, criminal 

record, if any, and reputation, habits and associations; 

Page 18 of37 
Washoe Tribe law & Order Code Title 21-Gaming Regulation 

21-60-60 

(g) Interviews with a sufficient number of knowledgeable people in 

order to provide a basis for the Tribe to make a finding concerning 

the eligibility for employment in a Gaming operations. 

The disposition of all potential problem areas noted and disqualifying 

information obtained must be thoroughly documented. 

4. Content of investigation repmt. An investigative report shall be written 

for each investigation conducted. Each investigation report shall include: 

(a) A statement of all steps taken in conducting the background 

investigation; 

(b) A statement of the results obtained; 

(c) A statement of the conclusions reached by the investigator; and 

(d) The basis for those conclusions. 

Eligibility Determinations 

t. The Tribe shall adhere to the requirements and standards provided in 

IGRA and the NIGC regulations for licensing and background checks for 

management contractors, tribally employed managers, Key Employees, 

and Primary Management Officials. 

2. The WTGC shall carefully review a Person's prior activities, criminal 

record, if any, and reputation, habits and associations to make a finding 

concerning the eligibility of a Key Employee or a Primary Management 

Official for employment in a Gaming operation. If the WTGC in the 

course of this review dete1mines that such employment may pose a threat 

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

create or enhance the dangers of unsuitable, unfair, or illegal practices and 

methods and activities in the conduct of Gaming, no manager, contractor 

or Gaming operation within the Reservation shall employ that Person in a 

Primary Management Official or Key Employee Position. 

3. Gaming operations shall not employ in a Key Employee or Primary 

Management Official position a Person who has supplied materially false 

or misleading info1mation or who has omitted material infmmation 

required by law. 

4. Gaming operations shall not employ any Person who is not a member of 

the Tribe if such Person is determined by the Nevada Gaming 

Commission or State Gaming Control Board to be a Person who would be 

unsuitable to hold or retain a Nevada Key Employee license) or Nevada 

work-permit, for employment in a similarly situated non-ttibal Gaming 

operation. 

5. The WTGC shall submit the names of Key Employees to the State 

Gaming Control Board, and the State Gaming Control Board shall 

Page 19 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-60-70 

determine whether a Key Employee License is required. If required, the 

Key Employee shall be required to present a license application to the 

State Gaming Control Board within thirty (30) days after receipt of the 

State Gaming Control Board's determination, and a determination of 

suitability shall be made by the State Gaming Control Board or the 

Nevada Gaming Commission. 

6. The WTGC may establish additional regulations to govern the 

determination of eligibility, including regulations that would permit a 

Person convicted of certain crimes (but not crimes of moral turpitude or 

crimes of dishonesty) to be employed in certain Gaming positions. Any 

regulations adopted by the WTGC under this Subsection may not conflict 

with the background check requirements of IGRA, applicable NIGC 

background check requirements, the Compact, or Subsection 21-60-60(4) 

of this Title 21. 

Reporting to the NIGC; WTGC Action on NIGC Recommendations 

1. This section adopts as Tribal law the NIGC's requirements for Tribal 

licensing and background investigations. This section shall be interpreted 

and applied in a manner which conforms to 25 C.F.R. Parts 556 and 558. 

2. Notification regardmg background investigations and eligibility 

determinations. The WTGG shall forward to the NIGG the following 

records ·with respeet to all Persons investigated as eandidates for a position 

as a Primary Management Official or Key Employee: 

(a) All applieation information described in Section 21 60 40 abo•1e; 

(b) The ifl'+'estigath<e report deseril:'led in 8eetiofl 21 60 50 above; 

(c) The WTGG's eligibility determination described in Section 21 60 60 

~ 

(d) A notification of the WTGG's hiring and/or licensing decision; 

(e) The date on '+Vhieb the applicant began, or will begin , working as a 

Primary Management Official or Key Employee. 

J2. Procedure following decision to hire Key Employee or Plimary 

Management Official 

(a) When a Key Employee or a Primary Management Official begins 

work at a Gaming operation, the WTGC shall: 

i. Maintain an application file containing all information 

required by Section 21-60-40. 

Forward to the NIGG a complete application for 

employment that contains the notices and iafurmation listed 

in 25 C.F.R. §§556.2 (privacy notice), 556.3. (notice 

regarding false statements), 556.4 (background 

investigations required information); and 

Page 20 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

u. Conduct a background investigation under 25 C.F.R. part 

556, and Sections 21-60-40 through 21-60-60 of this Title 

21 to determine the eligibility of the Key Employee or 

Primary Management Official for employment in a Gaming 

operation. 

m. Create and maintain an investigative report on each 

background investigation in accordance with the 

requirements of Section 21-60-50(4). 

tv. . Submit a notice of results of the Key Employee or Primary 

Management Official's background investigation to the 

NIGC no later than sixtv (60) days after the Key Employee 

or Primary Management Official begins work. The notice 

of results shall contain: 

(A) Applicant's name, date of birth, and social security 

number; 

CB) Date on which applicant began work or will begin 

work as a Key Employee or Primary Management 

Official; 

CC) A summary of the information presented in the 

investigative report, which shall at a minimum 

include a listing of: 

1. Licenses that have previously been denied; 

2. Gaming licenses that have been revoked, even if 

subsequently rejnstated; 

3. Every known criminal charge brought against 

the applicant within the last 10 years of the date 

of the application; and 

-1-:4. Every felony of which the applicant has 

been convicted or any ongoing prosecution. 

(D) A copy of the eligibility determination made 

pursuant to Section 21 -60-60 of this Title 21 and 25 

C.F.R. § 556.5. 

(b) Upon completion ofa background investigation an6-a 

determination of eligibility for employment in a GamiI~g operation 

under Sections 21 60 50 and 21 60 60 of this Title, the WTGC 

shall forward a report, as required by 25 C.F.R. §556.5 (b) and 

Section 21 60 70 (2) (b) of this Title, to the N lGC '1Nithi a sixty 

(60) days after an employee begins 'Nork or v1ithi n sixty (60) days 

of the approval of this Title by the Chainnan of the NIGG. A 

Gaming operation shall not employ a Key Employee or Primary 

Page 21 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

Management Official who does not have a Gaming License after 

ninety (90) days of applying for such License. 

(c) During a thirty-day period beginning when the NIGC receives a 

report submitted under Subsection 21-60-70 (2) ~~)(iv) of this 

Title, the Chair of the NIGC may request additional information 

from the Tribe concerning a Key Employee or a Primary 

Management Official who is the subject of such report. Such a 

request shall suspend the thirty-day period until the NIGC 

Chairman receives the additional infom1ation. 

( d) If, within the thirty-day period described in Subsection 21-60-70 

(2;) (c) above, the NIGC notifies the WTGC that it has no 

objection to the issuance of a License pursuant to an application 

filed by a Key Employee or a Primary Management Official for 

whom the WTGC has provided the required application and 

investigative report to the NIGC, the WTGC may issue a License 

to such applicant. 

(e) If, within the thirty-day period described in Subsection 21-60-70 

(2;) (c) above, the NIGC provides the WTGC with a statement 

itemizing objections to the issuance of a License to a Key 

Employee or to a Primary Management Official for whom the 

WTGC has provided the required application and investigative 

report to the NIGC, the WTGC shall reconsider the application, 

taking into account the objections itemized by the NIGC. The 

WTGC shall make the final decision whether to issue a License to 

such applicant.tiefr. 

(f) If the NIGC fails to respond to the WTGC within the thirty (30) 

day period described in Subsection 21-60-70(2)( c ), then the 

WTGC may issue a Gaming License to the Primary Management 

Official or Key Employee. 

(gf) Suspension of License by NTGC. If, after the issuance of a Gaming 

License, the NIGC notifies the WTGC that it has received reliable 

information indicating that a Key Employee or Primary 

Management Official is ineligible for employment under 

applicable law, the Tribe shall suspend the License of such Person 

and notify the Licensee in writing of the suspension and the 

proposed revocation. The WTGC shall notify the Licensee of the 

time and place for a hearing on the proposed revocation of a 

license. After a revocation hearing, the WTGC shall decide 

whether to revoke or to reinstate a Gaming license. The WTGC 

shall notify the NIGC of its decision within 45 days of receiving 

the initial notification from the NIGC. A right to a hearing under 

Page 22 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-70 

21-70-10 

21-70-20 

21-70-30 

this section shall vest only upon receipt of a license granted under 

this Ordinance. 

(4) The WTGC shall notify the NIGC of the issuance of a license to a Primary 

Management Official or Key Employee within thirty (30) days of 

issuance. 

(5) When the WTGC 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 notify the NIGC and fonvard 

copies of its eligibility determination and notice of results of the 

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

Indian Gaming Individuals Record System. 

LICENSES 

License Required for Each Gaming Location 

A License issued by the WTGC is required for each facility, operation, or location 

where Class II or Class III Gaming occurs. The License required by this section 

is a prerequisite to any Certificate of Compliance issued by the WTGC pursuant 

to 21-40-30 (3) (d). Each Gaming facility, operation, place and location shall be 

constructed and maintained in a manner which adequately protects the 

environment, public safety and welfare. Each Gaming facility, operation, place 

and location shall comply with all applicable Tribal, state and federal laws, 

including but not limited to fire codes, safety codes and building codes. 

License Required for Each Gaming Employee; Standard for Gaming License 

l . All Gaming employees shall be licensed by the WTGC. Prior to issuance 

of each License, the WTGC shall conduct or cause to be conducted a 

background investigation of each applicant pursuant to regulations 

adopted pursuant to this Title 21. 

2. The WTGC shall deny or revoke a Gaming employee License for any 

employee whose prior activities, criminal record, if any, or reputation, 

habits and associations pose a threat to the public interest or to the 

effective regulation of Gaming, or create or enhance the dangers of 

unsuitable, unfair, or illegal practices and methods and activities in the 

conduct of Gaming. 

Background Investigation 

Before issuing a License to a Gaming employee, the WTGC shall forward the 

results of any background investigation to the NIGC. 

Page 23 of37 
Washoe Tribe law & Order Code Title 21-Gaming Regulation 

21-70-50 

21-70-60 

21-80 

21-80-10 

Licensing Decision; No Vested Right to License 

1. If the WTGC determines, on the basis of a background investigation and 

such other information as it may obtain, that the applicant is qualified for a 

Gaming employee License, the WTGC may, but shall not be required to 

issue such License. The WTGC, at its sole discretion, may impose any 

qualifications to such License it deems approp1iate, or may refuse to issue 

such License despite an applicant's qualifications. 

2. No applicant for any License or other affi1mative WTGC approval has any 

right to a License or the grant of approval sought. Any License issued or 

other WTGC approval granted pursuant to the provisions of this Title is a 

revocable privilege, and no holder acquires any vested right therein or 

thereunder. 

Work Permits 

All Persons who are not Gaming employees but work at any facility where 

authorized Gaming occurs or is supervised or administered must obtain a nonGaming work permit. Such work permits shall be issued upon detennining 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. The Tribe shall send copies of all 

applications for work permits to the State Gaming Control Board, and the State 

Gaming Control Board may object to the issuance of a work permit pursuant to 

the te1ms of the Compact. 

Licensing of Vendors, etc. 

Any Person or entity proposing to sell, lease, or otherwise provide electronic 

games of chance, other Gaming devices, or Gaming services are required to 

obtain a License from the WTGC. The standards with respect to such Licenses 

are the same as those applicable to Gaming employees, except that if the applicant 

is a corporation, trust, or partnership, applications must be made by any Person or 

entity holding 10% or more of any beneficial or legal interest in such entity. 

HEARINGS AND APPEALS 

Licensing Decisions 

1. The WTGC shall promptly notify in writing any Licensee or applicant 

whose License or application for a License has been or will be denied, 

suspended, or revoked. Said notice shall include: 

(a) The effective date of WTGC action, and 

(b) The right of Person to appeal the WTGC action. 

Page 24 of37 
Washoe Tribe law & Order Code Title 21-Gaming Regulation 

21-80-20 

2. Any Person whose application for a Gaming-related License is denied, or 

whose License has been suspended or revoked, may request a hearing 

before the WTGC by written request submitted within fifteen (15) days 

following receipt of notice of the action of the WTGC. The WTGC shall 

hold a hearing within thirty (30) days of the filing of the request. A right 

to a revocation or suspension hearing under this section shall vest only 

upon receipt of a license granted under this Ordinance. 

Patron Disputes 

1. Patrons with complaints against the Gaming Facility regarding gaming wagers 

or alleged winnings must submit a Notice of Claim with the General Manager 

of the Gaming Facility within thirty (30) business days of the incident giving 

rise to the Claim. A Notice of Claim shall be submitted in writing. 

2. The General Manager shall investigate the allegations made in the Notice of 

Claim and issue a written decision based on the results of the investigation 

within thirty (30) business days of receiving the Notice of Claim. As part of 

the investigation. the General Manager may request additional information 

from the Patron or any other person with knowledge of the incident giving rise 

to the claim. The General Manager may delegate the duties in this subsection 

to another Gaming Facility employee, department, risk management and/or 

insurance company. 

3. If the Patron is dissatisfied with the General Manager's resolution of their 

Notice of Claim, then the Patron may file a Petition for Relief with the WTGC 

within fifteen (15) business days of receiving the General Manager's 

resolution. Petitions for Relief shall be submitted in writing. 

Any complaint by a patron must be brought to the attention of the WTGC by 

the patron, or such complaint is deemed waived. All Patron Disputes shall be 

goT;emed by regulations to be adopted pursuant to this Title 21. 

4. The WTGC may, in its sole discretion, conduct a hearing and receive evidence 

with regard to such Petition for Relief if it deems an evidentiary proceeding 

useful to resolve the Patron's claims. The WTGC may issue a decision solely 

based on the Notice of Claim, Resolution of Claim, and Petition for Relief. 

The Patron may have legal counsel present at a WTGC hearing. 

5. The WTGC shall issue a written decision resolving the Petition for Relief 

within sixty (60) calendar days of receiving the Petition for Relief. The 

decisions of the WTGC shall be final and non-appealable. 

6. All claims by Patrons shall be limited to a maximum recovery of the Patron's 

alleged winnings; provided, however, that if any alleged winnings are found 

to be the result of a mechanical, electronjc or electromechanical failw-e and 

not due to the intentional acts or gross negligence of the Gaming facility or its 

Page 25 of37 
Washoe Tribe law & Order Code Title 2 I-Gaming Regulation 

21-80-30 

21-80-40 

21-80-50 

agents, then the WTGC shall deny the Patron's claims for alleged winnings 

but shall award reimbursement of the amount wagered by the Patron which 

was lost as a result of any said failure. 

7. All written complaints from any person regarding any aspect of Gaming 

Operations shall be reviewed by the WTGC and retained by the WTGC for at 

least five (5) years. 

L The Tribe may also contract with the State to obtain assistance from the State 

in the resolution of patron disputes, pursuant to the terms of the Compact. 

9. The remedies in this section are the exclusive remedies for complaints against 

the Gaming Facility regarding gaming wagers or alleged winnings. 

10. Notwithstanding the above, licensing disputes and disputes regarding the 

imposition of penalties shall be resolved as set forth in Section 21-80-10 of 

this Title, and Gaming Facility Patron tort claims shaH be resolved as set forth 

in the Washoe Tribe of Nevada and California Tort Claims Ordinance. 

Appeal to Council 

Any rulings of the WTGC under Sections 21-80-10 above, or assessment by the 

WTGC of a penalty under Chapter 9 (Section 21-90), may be appealed within 

fifteen (15) days of the WTGC's decision to the Council. The Council shall give 

appropriate deference to the expertise of the WTGC. Review of WTGC action 

shall be limited to and proceed on the WTGC's administrative record. The 

Council shall either affirm the WTGC's decision or: 

(a) ln a licensing dispute, award or reinstate a License; or 

(b) Regarding assessment of penalties, reverse, abate, reduce, or enhance a 

penalty assessed by the WTGC. 

The Council may impose conditions on the above awards of relief. In no event 

may the Council assess prejudgment interest, costs, or attorney's fees against the 

Tribe, the WTGC or any tribal employee, agent, or instrumentality. All 

determinations of the Council under this section are final, and subject to no 

further appeal. 

Confidential Information 

Where WTGC action is based upon confidential infonnation, 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 WTGC's decision, and the aggrieved 

Person shall have no right to such confidential information in proceedings before 

either the WTGC, Council, or any other forum. 

Hearing Procedures; Burden of Proof 

Page 26 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-90 

21-90-10 

1. The WTGC or Council may adopt such additional procedures and rnles 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. 

2. The public interest in the integrity of Gaming is such that the burdens of 

proof and persuasion with respect to Gaming issues, especially regarding 

fitness for licensing, shall be upon the individual. 

PROHIBITED ACTS AND PENALTIES 

Prohibited Acts 

It shall be a violation of this Title for any Person to: 

1. Conduct or participate in Class II or Class III Gaming Within the Tribe's 

Jurisdiction other than at licensed Gaming facilities. 

2. Receive, distribute, apply, or divert any property, funds, proceeds, or 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 the conduct of Gaming operations, or 

do any other act in connection with 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 detennine 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 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 or other event which is the subject of the bet, including pastposting, pressing, or pinching bets. 

Page 27 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-90-20 

21-100 

21-100-10 

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 other than coins or tokens approved by the WTGC 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 faci 1 ity. 

11. Pennit any Person to engage in Class III Gaming in violation of the 

Compact. 

12. Engage in Class II or Class III Gaming while employed by and on duty at 

a Gaming facility. 

Penalties 

Any Person who violates any provision of this Title, WTGC regulations 

promulgated thereunder, or the provisions of the Compact, shall be subject to civil 

penalties including exclusion from employment or other involvement with any 

Gaming operation within the Reservation, denial or revocation of a Tribal Gaming 

License, exclusion from attendance at any Gaming facility within the Reservation, 

possible exclusion from all land Within the Tribe's Jurisdiction if a non-member 

of the Tribe, or, with respect to any Person subject to the jurisdiction of the Tribe 

to impose such fines, a fine of not more than $5,000.00 for each such violation. 

The WTGC shall have the jurisdiction to impose any such penalties on any 

Person, except with respect to exclusion from all land Within the Tribe's 

Jurisdiction, which the WTGC may recommend for action by the Council. 

CLASS II GAMING 

Definitions 

1. Bingo - means the game of chance (whether or not electronic, computer or 

other 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 or 

designations when objects, similarly numbered or designated, are drawn or 

Page 28 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

electronically determined; and in which the game is won by the first 

Person covering a designated anangement or pattern of numbers or 

designation on such cards. "Bingo" indudes, if played at the same 

loeation, pull tabs, lotto, puneh ~oafds, tip jars, instant bingo and other 

games simil.ar to bingo. 

2. Bingo Occasion - means a single session or gathering at which a series of 

successive bingo garries are played. 

3. Card Games - means rron-bankediftg card games played in conformity 

with Nevada state law, as applicable, regulating hours, wagers and pot 

limitations. 

4. Game Card and Bingo Game Card- mean a regular or special bingo card. 

5. Lotto - means a game of chance with cards bearing numbers or other 

designations, in rows of 9, in which the player holding the card covers 

such numbers or designations with objects similarly numbered or 

designated are drawn or otherwise randomly determined, in which the 

game is won by the first player to cover a predesignated a.J.Tangement on 

the card. · 

6. Pull Tabs....: means a game of chance in which players purchase a card 

containing predete1mined numbers, colors, symbols or other designations 

which when revealed may result in the award of a prize on the basis of a 

designated winning number, color, symbol or other designation or 

combination thereof, whether or not electronic, computer, or other 

technological aids, to the extent permitted by law, are used in connection 

therewith. 

7. 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 a slip that entitles the player to a designated prize. 

8. Regular Bingo Card- means a board card issued to a Person upon 

payment of an admission fee which affords a Person the opportunity to 

participate in all regular bingo games played at a bingo occasion. 

9. Special Bingo Game- means any bingo game which is not a regular bingo 

game and which is played with special bingo cards for special prizes. 

10. Tip Jars - means a game of chance, wherein a Person upon payment of a 

fee, is permitted to reach into, or tip ajar containing p1inted slips, and 

extract one slip in an eff01t to obtain a slip that entitles the player to a 

designated prize. 

Page 29 of 37 · 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-100-20 

21-100-30 

Persons Authorized to Conduct Class II Gaming 

1. All Class II Gaming conducted on the Washoe Reservation shall be 

conducted in compliance with applicable federal and tribal laws. 

2. No Person or entity shall operate or conduct a Class II Gaming activity on 

Tribal Lands unless that Person or entity has first received a License to 

conduct a Class II Gaming activity from the WTGC. 

Ownership of Class II Gaming Activity 

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

the conduct of any Class II Gaming operation unless it elects to allow 

individually owned Gaming under 25 C.F.R. § 522. l 0. No Person or 

entity shall own an interest in any Class II Gaming location, facility or 

operation on Washoe Tribe lands unless that Person or entity has: 

(a) Received from the WTGC all necessary licenses required to 

conduct a Class 11 Gaming activity; and 

(b) Been authorized by contractual or other duly executed 

authorization of the Tribal Council. 

2. Any Person or entity who owns an interest in a Class II Gaming enterprise 

shall apply to the WTGC for an owner and/or operator License for a Class 

II Gaming facility, as is appropriate, on a fonn prescribed by the WTGC. 

A separate application and License shall be required for each place, 

facility, or location on Tribal Lands at which Class II Gaming will be 

conducted. 

3. Preference shall be given to permitting Class II Gaming activities in which 

the Tribe has the sole proprietary interest. 

4. Notwithstanding subparagraph (3) above, the WTGC may license a Class 

II Gaming operations owned in whole or in part, by a Person other than 

the Tribe, provided that no License may be issued to such a Person unless 

the Person has first expressly agreed, and commemorated in writing in a 

fonn prescribed by the WTGC, that: 

(a) That the Person agrees that the Gaming operation must be licensed 

at all times by the WTGC and will be regulated under this Title 21 

Gaming Ordinance; 

(b) That not less than 60 percent of the Net Revenues generated by the 

Person must be income to the Tribe; 

(d) That the Person will pay an assessment to the NIGC under 25 CFR 

514.l; 

( e) That the Person understands that licensing standards that will be 

applied to the Person are at least as restrictive as those established 

Page30of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-100-40 

21-100-50 

21-110 

21-110-10 

21-110-20 

by the State of Nevada governing similar Gaming within the 

jurisdiction of the State of Nevada; and 

(f) That the Person understands that the WTGC must deny a license to 

any Person or entity that would not be eligible to receive a license 

to conduct the same activity within the jurisdiction of the 

surrounding State of Nevada and the State of Nevada's standards 

shall apply with respect to purpose, entity, pot limits and hours of 

operation for the license. 

5. The Tribe will utilize the income to the Tribe from an individually owned 

Gaming operation only for the purposes listed in 25 CFR 522.4(b)(2). 

Persoa 

Management Contracts for Class II Gaming 

The Tribe may enter into a management contract for the operation and 

management of Class II Gaming activities. Each such contract must comply with 

the provisions of this Title, other applicable provision of ttibal law and provisions 

of federal law (including, but not limited to 25 U.S.C. §2711). Management 

contracts for the operation of Class II Gaming activities must be approved by the 

NIGC. 

Class II Games Permitted and Class II Game Regulations 

The WTGC may adopt regulations establishing the rules for the operation of Class 

II games, including but not limited to, the types of games pe1mitted, the types of 

game cards or other implements permitted, the number of players permitted in a 

Class II Gaming facility, the number of players permitted to play in each Class Il 

game, minimum age of patrons, and mechanisms by which Class III games may 

be offered. 

CLASS III GAMING 

Compliance with Compact and Applicable Laws 

All Class III Gaming conducted on Tribal Lands shall be conducted in compliance 

with the Compact, federal law, Tri.bal law, and applicable rules and regulations of 

any governmental authority with jurisdiction. 

Persons Authorized to Conduct Class III Gaming 

1. All Class III Gaming conducted on the Washoe Reservation shall be 

conducted in compliance with the Compact, applicable federal, state and 

tribal law, and applicable rules and regulations of any governmental 

authority with jurisdiction. In the event of a conflict between the 

provisions of 21-110 of this Title and the Compact, the Compact shall 

control. 

Page 31 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-110-30 

2. No Person or entity shall operate or conduct a Class Ill Gaming activity on 

the Reservation unless that Person or entity has first received a License to 

conduct a Class III Gaming activity from the WTGC. 

Ownership of Class III Gaming Activity 

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

the conduct of any Class III Gaming operation unless it elects to allow 

Gaming under 25 C.F.R. § 522.10. No Person or entity shall own an 

interest in any Class III Gaming location, facility or operation on Washoe 

Tribal Lands unless that Person or entity has: 

(a) received from the WTGC all necessary Licenses required to 

conduct a Class III Gaming activity; and 

(b) been authorized by contractual or other duly executed 

authorization of the Tribal Council. 

2. Any Person or entity who owns an interest in Class III Gaming enterprise, 

location, facility, or operation shall apply to the WTGC for an owner 

and/or operator License for a Class III Gaming facility, as is appropriate, 

on a form prescribed by the WTGC. A separate application and License 

shall be required for each place, facility, or location on Tribal Lands at 

which Class III Gaming will be conducted. 

3. Preference shall be given to permitting Class III Gaming activities in 

which the Tribe has the sole proprietary interest. 

4. Notwithstanding subparagraph (3) above, the WTGC may license Class III 

Gaming operations owned in whole or in part, by a Person other than the 

Tribe, provided that no License may be issued to such a Person unless the 

Person has first expressly agreed, and conunemorated in writing in a fo1m 

prescribed by the WTGC, that: 

(a) That the Person agrees that the Gaming operation must be licensed 

at all times by the WTGC and will be regulated under this Title 21 

Gaming Ordinance; 

(b) That not less than 60 percent of the Net Revenues generated by the 

Person must be income to the Tribe; 

(d) That the Person will pay an assessment to the NIGC under 25 CFR 

514.l; 

( e) That the Person understands that licensing standards that will be 

applied to the Person are at least as restrictive as those established 

by the State of Nevada governing similar Gaming within the 

jurisdiction of the State of Nevada; and 

(f) That the Person lUlderstands that the WTGC must deny a license to 

any Person or entity that would not be eligible to receive a license 

to conduct the same activity within the jurisdiction of the 

Page 32 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-110-40 

21-110-50 

21-110-60 

21-120 

21-120-10 

surrounding State of Nevada and the State of Nevada's standards 

shall apply with respect to purpose, entity, pot limits and hours of 

operation for the license. 

5. The Tribe will utilize the income to the Tribe from an individually owned 

Gaming operation only for the purposes listed in 25 CFR 522.4(b )(2). 

Class III Games Permitted 

1. Any Class III games permitted by the Compact may be conducted Within 

the Tribe's Jw·isdiction, subject to applicable laws, rules and regulations. 

2. ,Any Class llI game which is first legalized within the State of Nevada 

after the date of the Compact then in effect, or which heretofore becomes 

pennitted on Indian lands under federal law, pursuant to the Compact or 

amendments thereto, may be conducted Within the Tribe's Jurisdiction 

subject to applicable laws, rules or regulations. 

Management Contracts for Class III Gaming 

The Tribal Council may authorize and enter into a management contract for a 

Person or entity to operate or manage Class Ill Gaming activities at a triballyowned facility on behalf of the Tribe, but only if the Tribe negotiates with the 

State to add an addendum to the Compact or adopts a subsequent compact with 

the State to address such issues. Each such management contract must comply 

with the tribal law and applicable federal law (including, but not limited to, 25 

U.S.C. §2711). Management contracts for the operation of Class III Gaming 

activities must be approved by the NIGC. 

Class III Game Regulations 

The WTGC may establish additional regulations establishing the rules for the 

operation of Class III games and Gaming facilities, including but not limited to, 

the types of games permitted, the number of players pennitted in a Class III 

Gaming facility, hours of operation, minimum age of patrons, and mechanisms by 

which Class III games may be offered. 

RECORDS AND AUDITS 

Records and Maintenance 

The WTGC shall ensure that all accounting records of each Gaming Facility are 

kept on a double entry system of accounting,, maintaining detailed, supporting, 

subsidiary records. The WTGC shall also ensure that both the Gaming Facilities 

and the WTGC maintain the following records for not less than five (5) years: 

Page 33 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21~120-20 

21-120-30 

21-120-40 

( 1) Revenues, expenses, assets, liabilities and equity for each location 

at which Class II and Class III Gaming is conducted; 

(2) Daily cash transactions for each Class II and Class III game at each 

location at which Gaming is conducted, including but not limited 

to transactions relating to each Gaming table bank. game drop box. 

and Gaming room bank if applicable; 

(3) All markers, IOUs, returned checks, hold checks or other similar 

credit instruments; 

( 4) Individual and statistical game records (except card games) to 

reflect statistical drop and statistical win; for electronic, computer, 

or other technologically assisted games. analytic reports which 

show the total amount of cash wagered and the total amount of 

pnzes won; 

(5) Contracts, correspondence and other transaction documents 

relating to all Vendors and contractors; 

(6) Records of all tribal Gaming enforcement activities; 

(7) All Gaming related audits prepared by or on behalf of the Tribe or 

one of its subdivisions. 

(8) Personnel infonnation on all Class II and Class III Gaming 

employees or agents including rotation sheets, hours worked, 

employee profiles and background checks. 

(9) Any additional records required by the WTGC or other 

governmental authority with jurisdiction. 

Reports to the State 

The Tribe and/or the WTGC shall furnish to the State all financial and statistical 

data and reports as related to Class III Gaming required by the Compact. 

Reports to the NI GC 

The Tribe and/or the WTGC shall furnish to the NIGC all financial reports. 

statistical data. audit records, and other notifications required by IGRA and its 

applicable regulations. 

Audits 

Page 34 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-130 

21-130-10 

21-130-20 

21-130-30 

21-130-40 

21-140 

The Tribe and/or the WTGC shall require each Gaming operation licensed by the 

Tribe to engage an independent accountant, licensed by the Nevada State Board 

of Accountancy, who shall audit and/or review each Gaming operation. The 

subject matter(s) of such audits shall be determined by the Compact and any 

applicable federal, tribal, or state law. 

INTERNAL CONTROL STANDARDS AND FINANCIAL STANDARDS 

Minimum Internal Control Standards 

1. The WTGC shall adopt by regulation Minimum Internal Control 

Standards (MICS) for Class II Gaming activities which are at least as 

st:dngent as or superior to the MICS adopted by the NIGC. 

2. The WTGC shall adopt by regulation Minimum Internal Control 

Standards (MICS) for Class III Gaming activities which are at least as 

stringent as or superior to the MICS or Procedures adopted by the State 

Gaming Control Board. Once adopted, the WTGC MTCS shall be 

submitted to the State Gaming Control Board. 

Minimum Technical Standards for Class II Gaming Systems and Equipment 

The WTGC shall adopt by regulation Minimum Teclmical Standards for Class II 

Gaming systems and equipment which are at least as stringent as or superior to 

the Minimum Teclmical Standards adopted by the NIGC. 

Cash Transaction Reporting 

The Tribe hereby incorporates the currency transaction reporting requirements of 

the Nevada Gaming Commission Regulation 6A, as they now exist and may be 

hereafter amended, as Tribal law. However, the Tribe need not comply with 

Regulation 6A if federal law or regulations require the Tribe to comply with the 

Bank Secrecy Act (Title 31 Section 5311 et. seq. of the U.S. Code) and its 

regulations. 

Minimum Bankroll 

Gaming operations owned, operated, or licensed by the Tribe shall maintain cash 

or cash equivalents in an amount sufficient to reasonably protect the Tribe's 

patrons against defaults in Gaming debts owed by the Tribe or a Tribally licensed 

Gaming operation. The amount of the minimum bankroll shall be calculated and 

reviewed in the same manner as calculated and reviewed by the State Gaming 

Control Board for a non-tribal operation. 

MISCELLANEOUS PROVISIONS 

Page35 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-140-10 

21-140-20 

21-140-30 

21-140-40 

21-140-50 

21-140-60 

21-140-7() 

Power to Adopt Regulations 

The Council and the WTGC shall have the power to adopt any regulations which 

are necessary to the efficient administration of Title 21 as long as such regulations 

are not in conflict with the provisions of this Title 21, applicable federal, tribal, 

and State law, and for Class III Gaming, the Compact. 

Severability 

If any provision of this Title or the application thereof to any Person or 

circumstance is held to be invalid, the invalidity shall not affect other provisions 

or applications of the Title which can be given effect without the invalid provision 

or application, and to this end the provisions of this Title 21 are severable. 

Tribal Remedies are Cumulative 

The remedies of the Tribe for the assessment of penalties provided for in this Title 

21 are cumulative and any action taken by the Tribe does not constitute an 

election by the Tribe to pursue any remedy to the exclusion of any other remedy 

for which provision is made in this Title 21 or other applicable provisions of the 

Law & Order Code. 

Sovereign Immunity 

Nothing contained in this Title 21 shall be construed as waiving sovereign 

inununity from suit or counterclaim of the Washoe Tribe, its Tribal government, 

the WTGC, or any other Tribal agency, subdivision, corporation, or entity. All 

inherent sovereign rights of the Tribe as a federally-recognized Indian Tribe are 

hereby expressly reserved. 

List of Barred Persons 

The Tribe shall maintain a list of Persons who shall be excluded from any Gaming 

enterprises licensed by the Tribe (e.g., a "blackbook"). The Tribe shall 

incorporate the State's "List of Excluded Persons" into the Tribe's list. 

Effective Date 

This Title shall become effective upon the date of its approval by the Chair of the 

NJGC pursuant to the IGRA. 

Expansion of Gaming Offerings 

It is the explicit intent of the Tribal Council that this Ordinance not preclude the 

establishment of Class II and Class III Gaming via the internet from Within the 

Tribe's Jurisdiction if permitted under applicable law. If internet-based Gaming 

Page 36 of37 
Washoe Tribe Law & Order Code Title 21-Gaming Regulation 

21-140-80 

is intended to be operated from Within the Tribe's Jurisdiction, the Tribal Council 

shall promulgate regulations specifically governing the sound regulation of 

internet·based Gaming activities and seek all necessary approvals to lawfully 

permit such Gaming activities. 

Calendar Days 

All references to "days" in this Title 21 shall be calendar days. 

Page37 of37