C oci ~ 1/997

Resolution No. 97-WT-55

RESOLUTION OF TUE GOVERNING BODY

OF THE

WASHOE TRIBE OF NEVADA ANI) CALIFORNIA

WHEREAS, the Washoe Tribe of Nevada and California is organized

under the provisions of the Ir~dian Reorganization Act of

June 18, 1934 (48 Stat. 594) as amended to exercise certain

rights of home rule and be responsible for the general

welfare of its membership; and

WHEREAS, the Washoe Tribe of Nevada and California has the

sovereign authority to operate, license and regulate gaming

activities on Washoe Tribal land; and

WHEREAS, the Washoe Tribal Council did enact Title 21 Gaming

Regulations, the Tribal Law & Order Code on July 11,

1997, by Resolution No. 97-WTC-44 and did, by that act,

intend to rescind and replace any and all resolutions,

ordinances and code provisions previously enacted dealing

with the subject of Tribal gaming, in particular, Resolution

No. 91-W-30 of May 21, 1991, incorporating Title 16,

Gaming Ordinance.

NOW, THEREFORE, BE IT RESOLVED ThAT the Washoe Tribe of Nevada

and California by approving and adopting Resolution No.

97-WTC-44, Title 21, Gaming Regulation, did rescind and

replace Resolution No. 91-W-30 dated May 21, 1991, and all

other resolutions, ordinances and code provisions previously

enacted dealing with Gaming Regulations.
SIGNED:

A.

SHERI JOHNSON

BENNI~ MILLS

PHILLIP BENNETT

It is hereby certified that the Washoe Tribal Council is the governing body of the Washoe Tribe

of Nevada and California composed of twelve (12) members of whom j~ executed the

foregoing signature resolution pursuant to the authority contained in Article VI Section 1 (h) of

the Amended Constitution and Bylaws of the Washoe Tribe of Nevada and California.

LEN RA KIZER ROBERTA JONES

~\

JACK MALONE, JR.

~~~1cHELO~

CLAUDIA ANN WADE

CERTIFICATION

DATE ~r Carolyn M~Kenton

~ecret&y-Treasurer
( I

OCT ~ i~O7

WASHOE TRIBE OF NEVADA AND CALIFORNIA

LAW AND ORDER CODE

TITLE 21

GAMING REGULATION
WASHOE TRIBE OF NEVADA AND CALIFORNIA

21-10

LAW AND ORDER CODE

TITLE 21- GAMING REGULATION

TABLE OF CONrENTS

LEGISLATIVE FINDINGS AND PURPOSE

21-10-10

21-10-20

21-10-30

Gaming Authority

Findings

Purpose

21-20 GENERAL PROVISIONS

21-20-10

21-20-20

Title

Definitions

21-30 AUTHORIZATION OF TRIBAL GAMING

21-30-10

21-30 -20

21-30 -30

21-30 -4 0

21-30-50

Tribal Gaming Authorized

Separate License for Each Location

Negotiation of Compact Authorized

Compliance with Law; Inclusion of Compact

Repeal of Prior Ordinances

21-40 WASHOE TRIBAL GAMING AGENCY

21-40-10

21-40-20

21-40- 30

21-40 -40

21-40-50

Agency Established

Structure of Agency

Powers and Duties of Agency

Agency Operations

Powers and Duties of Gaming Manager

21-50 FINANCIAL MATTERS

21-50-10 Application of Net Revenues

11
21-60 BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT

OFFICIALS AND KEY EMPLOYEES

21-70

Required Background Investigations

Statement of Responsibilities

Notices to Applicants

Information from Applicants

Rules Regarding Background Investigations

Eligibility Determinations

Reporting to the Commission; Agency Action on

Commission Recommendations

LICENSES

21-70-10

21-70-20

21-70-30

21-70-40

21-70-50

21-70-60

License Required for Each Gaming Location

License Required for Each Gaming Employee; Standard for

Gaming License

Background Investigations

Licensing Decision; No Vested Right to License

Work Permits

Licensing of Vendors, etc.

21-80 HEARINGS AND APPEALS

21-80- 10

21-80-20

21-80-30

21-80-40

21-80 -50

Licensing Decisions

Patron Disputes Regarding Particular Wagers

Appeal to Council

Confidential Information

Hearing Procedures; Burden of Proof

21-90 PROHIBITED ACTS AND PENALTIES

21-90-10

21-90-20

Prohibited Acts

Penalties

21-50-20

21-50-30

Budgets

Audits

21-60-10

21-60-20

21-60-30

21-60-40

21-60-50

21-60-60

21-60 -70

111
21- 100 CLASS II GAMING

21-100-10

21-100-20

21-100-30

21-100-40

21-100-50

21-100-60

21-100-70

21-100-80

21-100-90

Definitions

Persons Authorized to Conduct Class II Gaming

Ownership of Class II Gaming Activity

Management Contracts

Games Permitted

Bingo Game Cards

Player Limitation

Entry Prohibited

Hours of Operation; Notice to Commission

21-1]. 0 CLASS III GAMING

21-110-10

21-110-20

21-110-30

21-110-40

21-110-50

21-110-60

Compliance with Compact and Laws Applicable

Persons Authorized to Conduct Class III Gaming

Ownership of Class III Gaming Activity

Hours of Operation

Games Permitted

Management Contracts

21- 120 RECORDS AND AUDITS

21-120-10 Records and Maintenance

iv
WASHOE TRIBE OF NEVADA AND CALIFORNIA

LAW AND ORDER CODE

TITLE 21 - GAMING

21-10 LEGISLATIVE FINDINGS AND PURPOSE

21-10-10 Gaming Authority

The Washoe Tribal Council is the recognized governing

body of the Washoe Tribe of Nevada and California with

the responsibility to exercise the privileges and

powers of self-government, to conserve and develop our

resources, and to secure the social and economic well

being 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 Tribes

Constitution and Bylaws, and the Indian Gaming

Regulatory Act, Pub. L. 100-497, 25 U.S.C. §~ 2701 et

seq.

Adopted 7/11/97; No. 97-WTC-44]

21-10-20 Findings

The Tribal Council of the Washoe Tribe of Nevada and

California finds that:

1. The Washoe Tribe of Nevada and California has the

sovereign authority to operate, license and regulate

gaming activities on Indian 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 Washoe

Indian lands, but federal law depends on the policy

underlying state gaming laws. In Nevada, gaming is not

only lawful; it is the States principal economic

1
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 Washoe Tribal lands, it is

necessary for the Tribe to promulgate standards and

regulations to govern the conduct of gaming activities

on Washoe Tribal lands.

Adopted 7/11/97; No. 97-WTC-441

21-10-30 Purpose

The purpose of this Title is to provide for the sound

regulation of all gaming activities within the Tribes

jurisdiction, to prevent improper or unlawful conduct

in the course of such activities, and to promote tribal

economic development, self-sufficiency, and strong

tribal government.

Adopted 7/11/97; No. 97-WTC-44]

21-20 GENERAL PROVISIONS

21-20-10 Title

This Title is known and may be cited as the Washoe

Gaming Code. It shall be codified at Title 21 of

the Washoe Law and Order Code.

Adopted 7/11/97; No. 97-WTC-44]

21-20-20 Definitions

For the purposes of this Title, the following

definitions apply:

1. Act -

means the Indian Gaming Regulatory Act, Pub.

L. 100-497, 25 U.S.C. §~ 2701 et seq.

2. Agency -

means the Washoe Tribal Gaming Agency

established by this Title.

2
3. 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.

4. 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;

ii. Cover numbers or designations when

object, similarly numbered or designated, are

drawn or electronically determined; and

iii. 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) Nonbanking card games that:

i. State law explicitly authorizes, or does

not explicitly prohibit, and are played

legally anywhere in the state; and

ii. Players play in conformity with state

laws and regulations concerning hours,

periods of operation, and limitations on

wagers and pot sizes.

5. Class III 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, chemin de

fer, blackjack (21), and pai gow (if played

as house banking games);

ii. Casino games such as roulette, craps,

3
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 parimutuel wagering

including but not limited to wagering on horse

racing, dog racing or jai alai; or

d) Lotteries.

6. Commission -

means the National Indian Gaming

Commission established by the Act at 25 U.S.C. §2704.

7. Compact -

means any gaming compact as described in

the Act at 25 U.S.C. §2710(d) between the Tribe and the

State which has been fully approved under the Act.

8. Council -

means the Washoe Tribal Council.

9. Gaming employee -

means key employee, primary

management official, or other person who the Council or

Agency deems a gaming employee because of that persons

involvement in gaming within Washoe Tribal lands.

10. Gaming location, gaming facility or gaming

operation -

means any location where Class II or Class

III gaming is conducted.

11. Key Employee -

means:

a) A person who performs one or more of the

following functions:

i. Bingo caller;

ii. Counting room supervisor;

iii. Chief of security;

iv. Custodian of gaming supplies or cash;

v. Floor manager;

vi. Pit boss;

vii. Dealer;

viii. Croupier;

ix. Approver of credit; or

x. Custodian of gambling devices including

persons with access to cash and accounting

records within such devices;

b) If not otherwise included, any other person

4
whose total cash compensation is in excess of

$50,000 per year; or

c) If not otherwise included, the four most

highly compensated persons in the gaming

operation.

12. Net Revenues -

means gross gaming revenues of

gaming operation less:

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

b) total gaming-related operating expenses,

excluding management fees.

13. 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.

14. State -

means the State of Nevada, its authorized

officials, agents and representatives.

15. Tribal lands -

means that area within the exterior

boundaries of the Tribal lands of the Washoe Tribe of

Nevada and California.

16. Tribe -

means the Washoe Tribe of Nevada and

California and its authorized officials, agents, and

representatives.

Adopted 7/11/97; No. 97-WTC-44]

21-30 AUTHORIZATION OF TRIBAL GANING

21-30-10 Tribal Gan~ing Authorized

1. Class I gaming is authorized on Tribal lands, and

may be conducted by any person. Class I gaming shall

not be regulated by this Title.

5
2. Class II gaming and Class III gaming are

authorized on Tribal lands. Class II gaming and Class

III gaming shall be regulated by the Agency and shall

only be operated consistent with the provisions of this

Title and 25 U.S.C. 2710.

Adopted 7/11/97; No. 97-WTC-44]

21-30-20 Separate License for Each Location

The Agency shall issue a separate license to each

place, facility, or location where Class II or Class

III gaming will be allowed.

Adopted 7/11/97; No. 97-WTC-44]

21-30-30 Negotiation of Compact Authorized

The Chairperson of the Council is directed to pursue

negotiation of a Class III compact with the State. No

such compact shall be in effect until it is

specifically approved by the Council.

Adopted 7/11/97; No. 97-WTC-44J

21-30-40 Compliance with Law; Inclusion of Compact

1. Applicable law. All Class II and Class III gaming

operations on Tribal lands shall be conducted in

accordance with the Act, the Commissions regulations,

other federal law, Tribal law (including this Title and

all regulations and orders of the Agency), and any

approved compact. This Title shall be construed in a

manner which conforms to applicable law.

2. Incorporation of compact. Upon approval of any

compact, such compact shall be incorporated into this

Title. In the event any inconsistencies between the

compact and any other provision of this Title, the

compact shall govern.

Adopted 7/11/97; No. 97-WTC-44]

21-30-50 Repeal of Prior Ordinances

All ordinances, regulations and codes heretofore

enacted by and for the Tribe for the purpose of

6
regulating gaming are hereby repealed.

Adopted 7/11/97; No. 97-WTC-44]

21-40 WASHOE TRIBAL GAMING AGENCY

21-40-10 Agency Established

The Council hereby establishes a Tribal Agency to be

know as the Washoe Tribal Gaming Agency, which shall be

responsible for the safe, lawful, and honest operation

of Class II and Class III gaming operations on Tribal

land.

Adopted 7/11/97; No. 97WTC-44]

21-40-20 Structure of Agency

1. Number. The Agency shall consist of five members,

one of whom shall be designated by the Council as

Chairman.

2. Appointment. The five members of the Agency shall

be appointed by the Council.

3. Qualifications.

a) At least three of the members shall be Washoe

Tribal members. Members of the Council may serve

as members of the Agency.

b) At least one member must be selected with

special reference to training and experience in

the fields of investigation, law enforcement, or

law. At least one member of the agency shall be

chosen with special reference to training and

experience in the fields of accounting, finance,

economics, or commercial gaming. At least one

member of the agency shall be chosen with special

reference to training or experience in public or

business administration.

c) No person shall be appointed to the Agency

unless the Tribal Council is satisfied that the

person has no interest in any private gaming

activity on Washoe Tribal lands or any activity

which may have interests in conflict with the

7
lawful and effective regulation of gaming

operations on Washoe Tribal lands.

4. Term. Initial appointments to the Agency shall be

for the following terms:

a) Chairman and one member - three years;

b) two members -

two years;

C) one member -

one year;

Thereafter, all appointments shall be for three year

terms, provided that if a vacancy occurs for any

reason, the Council shall appoint a replacement for the

remainder of the replaced persons term.

5. Removal or Suspension. Agency members 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 non

feasance in office. Removal may be made after the

member 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 member charged. The request for a public hearing

must be made within 10 days after service upon such

member of the charges. A record of the proceedings at

the public hearing must be filed with the Washoe Tribe

Secretary-Treasurer.

6. Registered Agent. The Chairman of the Agency

shall be the agent for service of process pursuant to

25 C.F.R. §519.1. Until a Chairman is appointed, the

Chairperson of the Council shall serve as agent.

7. Gaming Manager. The Council shall also appoint a

gaming manager, who shall report to the Agency and the

Council, and shall have the powers and duties described

in Section 21-40-50 and elsewhere in this Title. The

gaming manager shall be a salaried employee whose

salary shall not be dependent on a percentage of gaming

revenues. The gaming manager shall serve at the

pleasure of the Council.

Adopted 7/11/97; No. 97-WTC-44]

8
21-40-30 Powers and Duties of Agency

The Agency shall administer the provisions of this

Title and shall have all powers necessary therefor,

including the following powers and duties:

1. Oversight. The Agency shall have primary

responsibility for oversight of the Class II and Class

III gaming operations. The Agency shall supervise the

gaming manager and any contract manager, and shall

report to the Council.

2. Inspection. The Agency may employ inspectors (all

of whom shall be licensed as gaming employees under

this Title) who may be present at any gaming facility

during any hours of operation, and who shall be under

the sole supervision of the Agency and not under the

supervision of a contract manager. 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 or a

contract manager shall provide such inspectors

immediate access to all such areas on request at any

time. Such inspectors shall report to the Agency

regarding any failure by the gaming operation to comply

with any applicable law, including this Title or any

compact.

3. Required plans and approvals. The Agency 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. In particular, the Agency

shall:

a) Prepare a plan for the protection of public

safety and the physical security of patrons in

each of its gaming facilities, setting forth the

respective responsibilities of the Agency, and if

appropriate, any federal, state, or local police

agency;

b) Review and approve floor plans and

9
surveillance systems for each gaming facility and

may confer with other governmental or private

parties regarding the adequacy of such plans and

systems;

c) Enforce the health and safety standards

applicable to the gaming facilities in accordance

with this Title; and

d) Require that prior to the opening of any

gaming facility, a gaming operation shall obtain a

Certificate Of Compliance from the Agency, which

shall be issued upon a determination that the

gaming facility complies with such standards.

4. Resolution of complaints. All written complaints

from any person regarding any aspect of gaming

operations shall be reviewed by the Agency and retained

for at least five (5) years. The Agency, including onsite inspectors, may assist in seeking voluntary

resolution of any complaints. The Agency may receive

any complaint from an employee of the gaming operation

or any member of the public who claims to be adversely

affected by an act or omission of the gaming operation

or any person associated with it which is alleged to be

unlawful or improper and may require such remedial

action as it deems appropriate to bring the gaming

operation into compliance. The Agency may for this

purpose 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

complaint. Notwithstanding the above, licensing

disputes, patron disputes regarding particular wagers,

and disputes regarding the imposition of penalties,

shall be resolved as set forth in Chapter 8 of this

Title (Section 21-80)

5. Investigations. The Agency 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 or

remedy improper or unlawful conduct in the course of

such gaming activities. The Agency shall investigate

any report of a failure of the gaming operation to

comply with applicable law including the provisions of

10
any compact, and may require the gaming operation to

take any corrective action the Agency may determine

appropriate. The Agency 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. Background investigations; gaming licenses. The

Agency 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 11 or Class 111 gaming.

7. Coordination with other agencies. The Agency

shall coordinate its activities and cooperate with

other relevant agencies, including the Commission and

other federal agencies, and any agencies of the State

with which the Tribe cooperates pursuant to a compact.

The Agency may provide any information to such agencies

which must or may be provided under applicable law.

8. Coordination with private entities. The Agency

shall supervise, oversee, and, to the extent

appropriate, coordinate its activities with, any

contract manager, and any other contractors, vendors,

suppliers, or other private entities with any

involvement in any aspect of gaming operations.

9. Regulations. The Agency may promulgate, review,

and revise as necessary regulations, rules, and

procedures to govern and facilitate the 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. The Agency shall carry out each of the

responsibilities and duties set forth for the Agency in

a Compact.

11. Establishment of list of barred persons. The

11
Agency may bar any person from working or gaming at the

Tribes gaming facilities if in the view of the Agency,

such persons history, associations, reputation, or

habits poses a threat to the integrity of tribal gaming

activities. This list may be shared with other public

or private agencies under Subsection 7,8, and 10 above.

12. Technical standards. The Agency 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 Agency may impose penalties for

violations of this Title or any compact in accordance

with Chapter 9 of this Title.

14. Legal remedies; sovereign immunity. The Agency

may in its own name bring any civil action or criminal

complaint in the courts of the Tribe, State or the

United States to enforce the provisions of this Title,

the Act or any compact, or to enjoin or otherwise

prevent any violation of this Title, the Act, or

compact occurring on the Reservation. However, the

Tribe, including the Agency 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 Agency members. If emergency

action is required to protect the public interest in

the integrity of gaming operations, and there is

insufficient time to convene a meeting of the Agency,

the chairman of the Agency, or any other member of the

Agency acting in the absence of the chairman, may issue

in the name of the Agency any order which the Agency

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 Agency as its earliest opportunity,

whereupon it may be confirmed or vacated by the Agency.

12
An unreviewed, or unconfirmed emergency order issued

under this section will lapse within ten (10) days, and

must so state.

Adopted 7/11/97; No. 97-WTC-44]

21-40-40 Agency Operations

1. Quorum and voting. Three Agency members shall

constitute a quorum. The Chairman may vote and shall

preside over all meetings. Action by the Agency should

be by consensus, but if consensus cannot be achieved,

shall be by majority vote. Whenever Agency action is

by majority vote, majority and minority views shall be

in writing, shall be retained in the records of the

Agency, and shall be reported to the Council.

2. Recusal. No member of the Agency 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 member of the Agency

may voluntarily recuse himself and decline to

participate in any Agency action or decisions when the

member, in his own discretion, believes he could not

act fairly or without bias, or that there would be an

appearance that he could not so act.

3. Vice-chairman; alternative and temporary members.

The Agency shall select one of its members to serve as

vice-chairman. If the chairman is unavailable because

of recusal or any other reason, the vice-chairman shall

serve as acting chairman. If the vice-chairman is also

unavailable, the third member of the Agency may serve

as acting chairman.

4. Meetings.

a) Regular meetings of the Agency may be held

upon such notice, or without notice, at such times

and places as the Agency determines. Unless

otherwise specified by the Agency, no notice of

such regular meetings shall be necessary. Special

meetings may be called by the Chairman or the

Gaming Manager. Neither the business to be

13
transacted at, nor the purpose 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 Agency may be taken without a

meeting if each member signs a written consent to

the action. Such consents shall be filed with the

minutes of the Agency.

c) Members of the Agency may participate in a

meeting by conference telephone or similar

communications equipment by which all persons

participating in the meeting can hear each other.

Adopted 7/11/97; No. 97-WTC-44]

21-40-50 Powers and Duties of Gaming Manager

The gaming manager shall have the following powers and

duties:

1. The gaming manager shall manage the day-to-day

activities of the Agency and Class II and Class III

gaming operation in a manner which insures all aspects

of Tribal gaming and agency operations comply with

applicable law. If the Tribe hires a contract manager,

the gaming manager shall be the Tribes principal

liaison with such contract manager.

2. The gaming manager shall have day-to-day

responsibility for coordination of the functions of the

Agency with those of the State under any compact, and

with other agencies as necessary.

3. The gaming manager shall have initial

responsibility for conducting or arranging for

background investigations.

4. The gaming manager shall make recommendations to

the Agency regarding the grant or denial of any

license, the imposition of any penalty, the

investigation of any complaint, or any other action

within the jurisdiction of the Agency.

5. The gaming manager may be delegated the authority

14
by the Agency to conduct any hearing, investigation, or

inquiry. In the course of such activities, the gaming

manager shall have authority to compel the production

of any information or documents, and otherwise exercise

the investigatory powers of the Agency.

6. The gaming manager shall perform such tasks as

assigned by the Agency or the Council, and shall report

to the Agency and to the Council.

7. 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 Agency, or to locate the chairman of the Agency, or

any other member of the Agency, the gaming manager may

issue in the name of the Agency any order which the

Agency has the power to issue to any employee or

contractor of the gaming operation or to any other

person within the jurisdiction of the tribes 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 Agency at its

earliest opportunity, whereupon it may be confirmed or

vacated by the Agency. An unreviewed or unconfirmed

emergency order issued under this section will lapse

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

Adopted 7/11/97; No. 97-WTC-44]

21-50 FINANCIAL MATTERS

21-50-10 Application of Net Revenues

Tribal revenue from any gaming activity are not to be

used for any purpose other than:

1. To fund tribal government operations or programs;

2. To provide for the general welfare of the Tribe

and its members;

3. To promote the Tribes economic development;

15
4. To donate to charitable organizations;

5. To help fund operations of local government

agencies; or

6. Other purposes permitted under the Act.

Adopted 7/11/97; No. 97-WTC-441

21-50-20 Budgets

The Agency 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 investigative services

to assist it. Such expenses of the Agency shall be

assessed against the gaming operation.

Adopted 7/11/97; No. 97-WTC-44]

21-50-30 Audits

The Agency and Council shall cause to be conducted

independent audits of gaming operations at least

annually, as required under 25 C.F.R. §522.4(b) (3) and

§~57l.12-14, and shall submit the results of those

audits to the Commission. All gaming-related contracts

that result in purchase of supplies, services, or

concessions for $25,000 in any year shall be

specifically included within the scope of such audit.

The Agency, Council, or Commission may call for special

audits at any time.

Adopted 7/11/97; No. 97-WTC-44]

21-60 BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMEWI

OFFICIALS AND KEY EMPLOYEES

21-60-10 Required Background Investigations

All primary management officials and key employees of

any Class II or Class III gaming operation as well as

employees of the Agency and the gaming manager shall be

subject to background investigations required by the

16
Act, Commission regulations, this Title, and any

approved compact. Background investigations shall be

conducted at the outset of employment, and shall be

ongoing. The Tribe may, pursuant to compact, accord

responsibility to the State or other entity with

respect to background investigations. Otherwise, the

Agency shall be directly responsible for such

investigations.

Adopted 7/11/97; No. 97-WTC-44]

21-60-20 Statement of Responsibilities

The Tribe is responsible for the conduct of background

investigations and suitability determinations. The

Agency shall have primary responsibility for conducting

and causing to be conducted the background

investigations. Once a gaming manager has been fully

investigated and approved, the Agency may delegate to

the gaming manager the duty of conducting or causing to

be conducted investigative work regarding other key

employees and primary management officials, if any,

subject to the review and approval of the Agency.

Selection of the above approach is based on the

necessity of assuring adequate oversight and

investigation of all key employees and primary

management officials.

Adopted 7/11/97; No. 97-WTC-441

21-60-30 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 employed in a gaming operation.

The information will be used by National Indian

Gaming Commission members and staff who have need

17
for the information in the performance of their

official duties. The information may be disclosed

to appropriate federal, Tribal, State, local, or

foreign law enforcement and regulatory agencies

when relevant to civil, criminal or regulatory

investigations or prosecutions or when pursuant to

a requirement by a tribe or the National Indian

Gaming Commission in connection with the hiring or

firing of an employee, the issuance 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

ma tribes being unable to hire you in 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

official before that form is filled out by an

applicant.

A false statement on any part of your application

may be grounds f or not hiring you, or f or firing

you after you begin work. Also, you may be

punished by fine or imprisonment (18 U.S.C.

§1001)

Adopted 7/11/97; No. 97-WTC-441

21-60-40 Information from Applicants

The Agency shall obtain from any candidate f or 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);

18
2. Currently and for the previous five (5) years: all

business and employment positions held, ownership

interests in those businesses, business and residence

addresses, and drivers 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. Current 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 involved

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 (10) years of the 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;

19
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 photograph;

13. Any other information the Agency or Council deems

relevant; and

14. Fingerprints certified as adequate by a

professional law enforcement agency. The Agency shall

arrange for the obtaining and processing of

fingerprints through the Tribes Police Department.

Adopted 7/11/97; No. 97-WTC-44]

21-60-50 Rules Regarding Background Investigations

1. Confidentiality of third party sources. The

Tribe, the Agency, and all affiliated agents and

employees shall keep confidential the identity of each

person interviewed in the course of a background

investigation.

2. Retention of records. The Tribe shall retain

applications for employment and report (if any) of the

background investigations for at least three (3) years

from the date of the date made or date of termination

of employment. Such records shall be made available on

request of the Council or Commission.

3. Conduct of investigation. Background

investigations must be of sufficient quality to enable

the Agency to make a determination under Section 21-60-

60. The investigation shall include, at a minimum:

a) Verification by oral or written communication

of all relevant information 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;

20
e) An interview with the applicant;

f) A thorough inquiry into the applicants prior

activities, criminal record, if any, and

reputation, habits and associations;

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 operation.

The disposition of all potential problem areas noted

and disqualifying information obtained must be

thoroughly documented.

4. Content of investigation report. 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 bases for those conclusions.

Adopted 7/11/97; No. 97-WTC-44]

21-60-60 Eligibility Determinations

1. The Agency shall carefully review a persons 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 Agency in the course of this review

determines 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 management

contractor or gaming operation on Washoe Tribal land

shall employ that person in a primary management

official or key employee position.

2. Gaming operations on Washoe Tribal land shall not

employ in a key employee or primary management official

position a person who has supplied materially false or

21
misleading information or who has omitted material

information required by law.

Adopted 7/11/97; No. 97-WTC-44]

21-60-70 Reporting to the Commission; Agency Action on

Commission Recommendations

1. This section adopts as Tribal law the Commissions

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 regarding background investigations

and eligibility determinations. The Agency shall

forward to the Commission the following records with

respect to all persons investigated as candidates for a

position as a primary management official or key

employee:

a) All application information described in

Section 21-60-40 above;

b) The investigative report described in Section

21-60-50 above;

c) The Agencys eligibility determination

described in Section 21-60-60 above;

d) A notification of the Agencys hiring

decision.

3. Procedure following decision to hire key employee

or primary management official.

a) When a key employee or a primary management

official begins work at a gaming operation, the

Agency shall:

i. Forward to the Commission a complete

application for employment that contains the

notices and information listed in 25 C.F.R.

§~556.2 (privacy notice), 556.3 (notice

regarding false statements), and 556.4

(background investigations -

required

information); and

ii. Conduct a background investigation under

25 C.F.R. part 556, and Sections 21-60-40

through 21-60-60 of this Title to determine

22
the eligibility of the key employee or

primary management official for employment in

a gaming operation.

b) Upon completion of a background investigation

and a determination of eligibility for employment

in a gaming operation under Sections 21-60-50 and

21-60-60 of this Title, the Agency 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

Commission within sixty (60) days after an

employee begins work or within sixty (60) days of

the approval of this Title by the Chairman of the

Commission. A gaming operation shall not employ a

key employee or primary 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

Commission receives a report submitted under

Subsection 21-60-70 (2) (b) of this Title, the

Chairman of the Commission 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 Chairman

receives the additional information.

d) If, within the thirty-day period described in

Subsection 21-60-70 (3) (c) above, the Commission

notifies the Tribe 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 Tribe has provided the

required application and investigative report to

the Commission, the Agency may issue a license to

such applicant.

e) If, within the thirty-day period described in

Subsection 21-60-70 (3) (c) above, the Commission

provides the Tribe with a statement itemizing

objections to the issuance of a license to a key

employee or to a primary management official for

whom the Tribe has provided the required

application and investigative report to the

Commission, the Tribe shall reconsider the

application, taking into account the objections

23
itemized by the Commission. The Tribe shall make

the final decision whether to issue a license to

such application.

f) Suspension of License by Commission. If,

after the issuance of a gaming license, the

Commission notifies the Tribe 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 in writing the licensee of the

suspension and the proposed revocation. The Tribe

shall notify the licensee of the time and place

for a hearing on the proposed revocation of a

license. After a revocation hearing, the Tribe

shall decide whether to revoke or to reinstate a

gaming license. The Tribe shall notify the

Commission of its decision.

Adopted 7/11/97; No. 97-WTC-441

21-70 LICENSES

21-70-10 License Required for Each Gaining Location

A license issued by the Agency 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 Agency 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 and federal laws, including but not

limited to fire codes, safety codes and building codes.

21-70-20 License Required for Each Gaming Employee; Standard for

Gaming License

1. All gaming employees shall be licensed by the

24
Agency. Prior to issuance of each license, the Agency

shall cOnduct or cause to be conducted a background

investigation of each applicant.

2. The Agency 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.

Adopted 7/11/97; No. 97-WTC-44]

21-70-30 Background Investigations

Before issuing a license to a gaming employee, the

Agency shall forward the results of any background

investigation to the Commission.

Adopted 7/11/97; No. 97-WTC-44]

21-70-40 Licensing Decision; No Vested Right to License

1. If the Agency 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 Agency may, but shall not

be required to issue such license. The Agency, at its

sole discretion, may impose any qualifications to such

license it deems appropriate, or may refuse to issue

such license despite an applicants qualifications.

2. No applicant for any license or other affirmative

Agency approval has any right to a license or the grant

of approval sought. Any license issued or other Agency

approval granted pursuant to the provisions of this

Title is a revocable privilege, and no holder acquires

any vested right therein or thereunder.

Adopted 7/11/97; No. 97-WTC-44]

21-70-50 Work Permits

All persons who are not gaming employees but work at

any facility where authorized gaming occurs or is

25
supervised or administered must obtain a non-gaming

work permit. Such work permits shall be issued upon

determining that the employee is not a threat to the

effective regulation of gaming and creates no risk or

enhances no danger of unfair or illegal practices,

methods or activities in the conduct of gamin on the

Reservation.

Adopted 7/11/97; No. 97-WTC-44]

21-70-60 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 to the Tribe are

required to obtain a license from the Tribe. The

standards with respect to such licenses are the same as

those applicable to gaming employees, except that if

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.

Adopted 7/11/97; No. 97-WTC-44]

21-80 HEARINGS AND APPEALS

21-80-10 Licensing Decisions

1. The Agency 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 Agency action, and

b) The right of person to appeal the Agency

action.

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 Agency by

written request submitted within fifteen (15) days

following receipt of notice of the action of the

Agency. The Agency shall hold a hearing within thirty

(30) days of the filing of the request.

Adopted 7/11/97; No. 97-WTC-44J

26
21-80-20 Patron Disputea Regarding Particular Wagers

Any complaint by a patron regarding a particular wager

must be brought to the attention of the gaming manager

by the patron immediately, or such complaint is deemed

waived. If the gaming manager cannot promptly resolve

the dispute, the gaming manager shall take witness

statements and reasonable steps to secure physical

evidence if any. The patron may request a hearing

before the Agency by written request submitted within

72 hours from the events complained of, stating the

relevant facts and circumstances in detail. The Agency

shall hold a hearing within thirty (30) days of the

filing of the request.

Adopted 7/11/97; No. 97-WTC-44J

21-80-30 Appeal to Council

Any rulings of the Agency under Sections 21-80-10 or

21-80-20 above, or assessment by the Agency of a

penalty under Chapter 9 (Section 21-90), may be

appealed within fifteen (15) days of the Agencys

decision to Council. The Council shall give

appropriate deference to the expertise of the Agency.

Review of Agency action shall be limited to and proceed

on the Agencys administrative record. The Council

shall either affirm the Agencys decision, or:

a) In a licensing dispute, award or reinstate a

license;

b) In a patron dispute regarding a particular

wager, order that a patron is entitled to a

jackpot or payoff, or to return of the wagered

amount; or

c) Regarding assessment of penalties, reverse,

abate, reduce, or enhance a penalty assessed by

the Agency.

The Council may impose conditions on the above awards

of relief. In no event may the Council assess

prejudgment interest, costs, or attorneys fees against

the Tribe, the Agency or any tribal employee, agent, or

instrumentality. All determinations of the Council

under this section are final, and subject to no further

appeal.

27
Adopted 7/11/97; No. 97WTC-441

21-80-40 Confidential Information

Where Agency action is based upon confidential

information, which may not as a matter of law or policy

be disclosed to the aggrieved person, such

circumstances shall not be grounds for reversal of the

Agencys decision, and the aggrieved person shall have

no right to such confidential information in

proceedings before either the Agency, Council, or any

other forum.

Adopted 7/11/97; No. 97-WTC-44]

21-80-50 Hearing Procedures; Burden of Proof

1 The Agency or Council may adopt such additional

procedures and rules for the conduct of hearings as

either deems necessary or convenient so long as they

are consistent with this Title and other provisions of

applicable law.

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.

Adopted 7/11/97; No. 97-WTC-44]

21-90 PROHIBITED ACTS AND PENALTIES

21-90-10 Prohibited Acts

It shall be a violation of this Title for any person

to:

1. Conduct or participate in any Class II or Class

III gaming operation on the Tribal land 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

28
authorized by this Title, a 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 determine

the course of play after acquiring knowledge not

available to all players of the outcome of the game or

any event that affects the outcome of the game or which

is the subject of the bet, or to aid anyone in

acquiring such knowledge.

6. Claim, collect, or take, or attempt to claim,

collect or take, money or anything of 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, and pinching bets.

8. Manipulate, with the intent to cheat, any

component of an electronic game of chance or gaming

device in a manner contrary to the designed and normal

operational purpose for the component.

9. Use other than coins or tokens approved by the

Agency or other lawful legal tender, or use a coin not

of the same denomination as the coin is intended to be

used in the gaming device.

10. Possess or use any device or means to cheat while

at the gaming facility.

29
11. Engage in Class II or Class III gaming if under

the age of 21, or assist, permit, or facilitate gaming

by such person.

12. Engage in Class II or Class III gaming while

employed by and on duty at a gaming facility.

Adopted 7/11/97; No. 97-WTC-441

21-90-20 Penalties

Any person who violates any provision of this Title,

Agency regulations promulgated thereunder, or the

provisions of a compact, shall be subject to civil

penalties including exclusion from employment or other

involvement with any gaming operation on Tribal lands,

denial or revocation of a Tribal gaming license,

exclusion from attendance at any gaming facility on

Tribal lands, possible exclusion from Washoe Tribal

lands 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 for

each such violation. The Agency shall have the

jurisdiction to impose any such penalties on any

person, except with respect to exclusion from Washoe

Tribal lands, which the Agency may recommend for action

by the Council.

Adopted 7/11/97; No. 97-WTC-44]

21-100 CLASS II GAMING

21-100-10 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

electronically determined; and in which the game is won

by the first person covering a designated arrangement

or pattern of numbers or designations on such cards.

30
Bingo includes, if played at the same location, pull

tabs, lotto, punch boards, tip jars, instant bingo and

other games similar to bingo.

2. Bingo Occasion -

means a single session or

gathering at which a series of successive bingo games

are played.

3. Card Games -

means non-banking 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 when 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 arrangement on the card.

6. Pull Tabs -

means a game of chance in which

players purchase a card containing predetermined

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.

31
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 a jar containing printed slips, and

extract one slip in an effort to obtain a slip that

entitles the player to a designated prize.

Adopted 7/11/97; No. 97-WTC-44]

21-100-20 Persons Authorized to Conduct Class II Gaming

1. All Class II gaming conducted on Washoe Tribal

lands shall be conducted in compliance with the

applicable Compact, applicable state law, federal law,

tribal law, and applicable rules and regulations of any

governmental authority with jurisdiction. In the event

of a conflict between the provisions of 21-100-10

through 21-100-90 of this Title and an applicable

Compact, the Compact shall control.

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 Agency.

Adopted 7/11/97; No. 97-WTC-44]

21-100-30 Ownership of Class II Gaming Activity

1. No person or entity shall own an interest in any

Class II gaming location, facility or operation on

Washoe Tribal lands unless that person or entity has:

a. received from the Agency all necessary

licenses required to conduct a Class II 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

II gaming enterprise shall apply to the Agency for an

owner and/or operator license for a Class II gaming

facility, as is appropriate, on a form prescribed by

32
the Agency. 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 Agency

may license a Class II gaming activity owned in whole

or in part, by a person or entity other than the Tribe,

provided that no license may be issued to such a person

or entity unless the person or entity has first

expressly agreed, and commemorated in writing on a form

prescribed by the Agency, that:

a) The gaming activity shall be subject to the

regulations prescribed in this section;

b) Not less than sixty percent (60%) of the Net

Revenues from the gaming activity shall be income

to the Tribe;

C) The person(s) who own the gaming activity or

entity:

i. is (are) eligible to receive a license

from the State of Nevada to conduct the same

gaming activity on lands subject to the

applicable states jurisdiction; and

ii. shall pay an appropriate assessment to

the National Indian Gaming Commission for the

regulation of the gaming activity, as

required by 25 U.S.C. §2717(a) (1)

5. a) A license to own or operate a Class II gaming

establishment shall not be granted unless the applicant

has satisfied the Agency that:

1. He or she has adequate business probity

and experience in gaming;

ii. The proposed financing of the operation

is adequate for the nature of the proposed

operation and from a suitable source. Any

lender or other source of money or credit

which the Agency finds does not meet the

standards set forth in Section 21-70-20 may

33
be deemed unsuitable.

b) The Gaming Commission may in its sole

discretion grant a license to a corporation which

has complied with the provisions of this Title.

c) The Gaming Commission may in its sole

discretion grant a license to a limited

partnership which has complied with the provisions

of this Title.

d) No person or limited partnership, except one

whose sole limited partner is a publicly traded

corporation which has registered with the Agency,

or business trust organization or other

association of a quasi corporate character is

eligible to receive or hold any license, or be a

licensee or operator under this Title unless all

persons having any direct or indirect interests

therein of any nature whatsoever, whether

financial, administrative, policy making or

supervisory, are individually qualified to be

licensed under the provisions of this Title.

e) The Agency may limit the number of persons

who may be financially interested in any

corporation or other organization or association

licensed under this Title, and consistent with 25

U.S.C. §2700 et seq. and establish such other

qualifications for licenses as they may, in their

discretion, deem to be in the public interest and

consistent with the declared policy of the tribe.

Adopted 7/11/97; No. 97-WTC-44]

21-100-40 Management Contracts

The Washoe 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 provisions

of tribal law and provisions of federal law (including,

but not limited to 25 U.S.C. §2711)

Adopted 7/11/97; No. 97-WTC-44]

21-100-50 Games Permitted

1. The Tribe and licensed Class II owners and

34
operators may conduct bingo, Class II card games or a

combination of bingo and Class II card games.

2. A bingo facility at each bingo occasion shall

conduct regular bingo games and may additionally

conduct special bingo games, and such other Class II

games permitted by the Gaming Commission as its

operators or managers choose.

3. A schedule of the Class II games to be conducted

must be conspicuously posted at each entrance to the

bingo facility each week in which games will be

conducted at least 24 hours prior to the start of the

first game scheduled. The schedule must include a

statement of the prizes offered for each game.

Adopted 7/11/97; No. 97-WTC-44]

21-100-60 Bingo Game Cards

1. Each facility shall provide the game cards to be

used for each bingo game conducted and each card shall

be marked to indicate the issuing facility.

2. Special bingo cards must be issued separately from

regular bingo cards, and must be specially marked to

indicate the particular special bingo game, including

date, and the facility of issuance. A special bingo

card shall be valid only for the designated game.

Adopted 7/11/97; No. 97-WTC-441

21-100-70 Player Limitation

The number of persons permitted to play any Class II

game shall be determined by the owner, operator or

manager as is appropriate, except that:

1. The number of people permitted in the facility or

in any room in the facility shall not exceed the

limitation of the number permissible under the

applicable fire, building or other safety codes or

standards.

2. The number of people permitted to play any bingo

35
game shall not exceed the number of chairs available in

the room(s) in which the game is being played.

Adopted 7/11/97; No. 97-WTC-44J

21-100-80 Entry Prohibited

No person may enter any room in which a bingo game is

being played unless the person is a player, except

facility employees and persons present by authority of

the Agency, for purposes of inspection or regulatory

duties.

Adopted 7/11/97; No. 97-WTC-44]

21-100-90 Hours of Operation; Notice to Commission

1. Class II gaming may be conducted 24 hours a day,

seven days a week, subject to approval by the Agency.

2. Prior to operation of Class II gaming or any

change in hours of operation, the operator shall:

a) Notify the Agency of the proposed hours and

days its facility will be open, and the hours and

days gaming will be conducted.

b) The proposed schedule shall be approved

unless the Agency notifies the owner or operator

of its objection within fifteen (15) days of its

receipt of the proposed schedule.

c) If the Agency makes objection, it shall state

its reasons and the changes necessary, and the

proposer may submit a revised proposal

accommodating the Agencys objections, or may

request an opportunity to rebut the objections.

i. Submission of a revised schedule,

incorporating and accommodating the

objections, shall be deemed approved upon its

submission.

ii. If an opportunity to rebut is requested,

a conference shall be set within fifteen (15)

days. The Agency shall issue its decision,

which shall be final and not subject to

further appeal, within fifteen (15) days of

the conference.

Adopted 7/11/97; No. 97-WTC-44}

36
21-110 CLASS III GAMING

21-110-10 Compliance with Compact and Laws Applicable

All Class III gaming conducted on Tribal lands shall be

conducted in compliance with the applicable Compact,

federal law, Tribal law, and applicable rules and

regulations of any governmental authority with

jurisdiction.

Adopted 7/11/97; No. 97-WTC-44]

21-110-20 Persons Authorized to Conduct Class III Gaming

1. All Class III gaming conducted on Washoe Tribal

lands shall be conducted in compliance with the

applicable Compact, federal law, tribal law, and

applicable rules and regulations of any governmental

authority with jurisdiction. In the event of a

conflict between the provisions of 21-110-10 through

21-110-60 of this Title and an applicable Compact, the

Compact shall control.

2. No person or entity shall operate or conduct a

Class III gaming activity on Tribal lands unless that

person or entity has first received a license to

conduct a Class III gaming activity from the Agency.

Adopted 7/11/97; No. 97-WTC-44]

21-110-30 Ownership of Class III Gaming Activity

1. 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 Agency 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 Agency for an owner and/or operator

37
license for a Class III gaming facility, as is

appropriate, on a form prescribed by the Agency. 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 Agency

may license a Class III gaming activity owned in whole

or in part, by a person or entity other than the Tribe,

provided that no license may be issued to such a person

or entity unless the person or entity has first

expressly agreed, and commemorated in writing on a form

prescribed by the Agency, that:

a) The gaming activity shall be subject to this

Title and other applicable Tribal law and

regulation;

b) Not less than sixty percent (60%) of the Net

Revenues from the gaming activity shall be income

to the Tribe;

c) The person(s) who own the gaming activity or

entity:

i. is (are) eligible to receive a license

from the State of Nevada to conduct the same

gaming activity on lands subject to the

applicable states jurisdiction; and

ii. shall pay an appropriate assessment to

the National Indian Gaming Commission for the

regulation of the gaming activity, as

required by 25 U.S.C. §2717(a) (1).

5. a) A license to own or operate a Class III

gaming establishment shall not be granted unless the

applicant has satisfied the Agency that:

1. He or she has adequate business probity

and experience in gaming;

ii. The proposed financing of the operation

is adequate for the nature of the proposed

operation and from a suitable source. Any

lender or other source of money or credit

38
which the Agency finds does not meet the

standards set forth in Section 21-70-20 may

be deemed unsuitable.

b) The Agency may in its sole discretion grant a

license to a corporation which has complied with

the provisions of this Title.

c) The Agency may in its sole discretion grant a

license to a limited partnership which has

complied with the provisions of this Title.

d) No person or limited partnership, except one

whose sole limited partner is a publicly traded

corporation which has registered with the Agency,

or business trust organization or other

association of a quasi corporate character is

eligible to receive or hold any license, or be a

licensee or operator under this Title unless all

persons having any direct or indirect interests

therein of any nature whatsoever, whether

financial, administrative, policy making or

supervisory, are individually qualified to be

licensed under the provisions of this Title.

e) The Agency may limit the number of persons

who may be financially interested in any

corporation or other organization or association

licensed under this Title, and consistent with 25

U.S.C. §2700 et seq. and establish such other

qualifications for licenses as they may, in their

discretion, deem to be in the public interest and

consistent with the declared policy of the tribe.

Adopted 7/11/97; No. 97-WTC-44]

21-110-40 Hours of Operation

1. Class III gaming may be conducted 24 hours a day,

seven days a week, subject to approval by the Agency.

2. The Owner shall submit, and the Agency may

approve, proposed hours of operation unless the

proposed hours pose a risk to the health, welfare or

safety of the public.

Adopted 7/11/97; No. 97-WTC-44]

21-110-50 Games Permitted

39
4 1

1. Any Class III game or games permitted pursuant to

the Compact may be conducted at a Class III gaming

facility, subject to applicable laws, rules and

regulations.

2. Any Class III game which is first legalized within

the State of Nevada after the date of the Compact then

in effect, or which heretofore becomes permitted on

Indian lands under federal law, pursuant to the Compact

or amendments thereto, may be conducted in a Class III

gaming facility subject to applicable laws, rules or

regulations.

Adopted 7/11/97; No. 97-WTC-44j

21-110-60 Management Contracts

The Tribal Council may authorize and enter into a

management contract on behalf of the Tribe for the

operation and management of Class III gaming

activities. Each such contract must comply with the

provisions of this Title, the Compact, applicable

tribal law and applicable federal law (including, but

not limited to, 25 U.S.C. §2711)

Adopted 7/11/97; No. 97-WTC-441

21-120 RECORDS AND AUDITS

21-120-10 Records and Maintenance

1. Each gaming facility shall maintain accurate and

upto-date records for each gaming activity conducted.

Records shall include records of:

a) all financial transactions;

b) all gaming machine testing, malfunctions,

maintenance and repairs;

c) personnel;

d) complaints of patrons;

e) facility in-house investigations of any kind;

f) incidents and accidents;

g) actions by facility against or in reprimand

of employees; and

h) any additional records required by the Agency

40
4

or other governmental authority with jurisdiction.

Adopted 7/11/97; No. 97-WTC-44]

41