1) to fund Tribal government operations and programs;

2) provide for the general welfare of the Tribe and its members;
3) promote Tribal economic development;

4) donate to charitable organizations; or

5) help fund operations of local government agencies.

B. If the Tribe elects to make per capita payments to Tribal members, it shall
authorize such payments only in conformity with a plan submitted to and approved
by the Secretary of the Interior pursuant to 25 U.S.C. §2710(b)(3).

Vv. Audit

A. The Tribe shall cause to be conducted at least annually an independent audit of all
gaming operations and shall submit the resulting audit reports to the National
Indian Gaming Commission, and to such other agencies as may be required by the
terms and conditions of any Class III compact or other document authorizing
Class III gaming on the Picayune Rancheria.

B. All gaming-related contracts that result in the purchase of supplies, services, or
concessions in excess of $25,000.00 annually, except contracts for professional
legal and accounting services, shall be specifically included within the scope of the
audit that is described in Subsection A above.

VI. Protection of the Environment and Public Health and Safety

Class II and Class III gaming facilities on the Picayune Rancheria shall be constructed,
maintained and operated in a manner that adequately protects the environment and the public
health and safety.

Vil. Licenses for Key Employees and Primary Management Officials

The Tribe shall ensure that the policies and procedures set out in this section are implemented
with respect to key employees and primary management officials employed at any class II and/or
Class HI gaming enterprise operated on Indian lands of the Picayune Rancheria:
A. Definitions
For the purposes of this section, the following definitions apply:

1. Key employee means

(a) A person who performs one or more of the following
functions:
(1) Bingo Caller;

Amended Gaming Ordinance, May 22, 1996 2


~
a. Steps taken in conducting the background investigation;
b. Results obtained;
c. Conclusions reached; and
d. The bases for those conclusions.

2. The Tribe shall submit, with the report, a copy of the eligibility
determination made under Subsection D of this Section.

3. If a license is not issued to an applicant, the Tribe:
a. Shall notify the National Indian Gaming Commission; and
b. May forward copies of its eligibility determination and investigative

report (if any) to the National Indian Gaming Commission for
inclusion in the Indian Gaming Individuals Records System.

4. With respect to key employees and primary management officials, the Tribe
shall retain applications for employment and reports (if any) of background
investigations for inspection by the Chairman of the National Indian
Gaming Commission or his or her designee for no less than three (3) years
form the date of termination or denial of employment.

G. Granting a Gaming License

1. If, within a thirty (30) day period after the National Indian Gaming
Commission receives a report, the National Indian Gaming Commission
notifies the Tribe that it has no objection to the issuance of a license
pursuant to a license application filed by a key employee or a primary
management official for whom the Tribe has provided an application and
investigative report to the National Indian Gaming Commission, the Tribe
may issue a license to such applicant.

2. The Tribe shall respond to a request for additional information from the
Chairman of the National Indian Gaming Commission concerning a key
employee or a primary management official who is the subject of a report.

Such a request shall suspend the 30-day period under Subsection G.1. of
this Section until the Chairman of the National Indian Gaming Commission
receives the additional information.

3. If, within the thirty (30) day period described above, the National Indian
Gaming Commission provides the Tribe with a statement itemizing its

Amended Gaming Ordinance, May 22, 1996 7


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 in a tribe’s
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. Existing key employees and primary management officials shall be notified
in writing that they shall either:

a. Complete a new application form that contains a Privacy Act
notice; or
b. Sign a statement that contains the Privacy Act notice and consent

to the routine uses described in that notice.

3. 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 for not
hiring you, or for firing you after you begin work. Also, you may be
punished by fine or imprisonment.

(18 U.S.C. §1001).

4. The Tribe shall notify in writing existing key employees and primary
management officials that they shall either:

a. Complete a new application form that contains a notice regarding
false statements; or

b. Sign a statement that contains the notice regarding false statements.

Cc. Background Investigations

1. The Tribe shall request from each primary management official and from
each key employee all of the following information:

a. Full name, other names used (oral or written), Social Security

number(s), birth date, place of birth, citizenship, gender, all
languages spoken or written;

Amended Gaming Ordinance, May 22, 1996 4


(2) Counting Room Supervisor

(3) Chief of Security

(4) Custodian of gaming supplies or cash;

(5) Floor Manager

(6) Pit Boss

(7) Dealer

(8) Croupier

(9) Approver of Credit; or

(10) Custodian of gambling devices including persons with access to
cash and accounting records within such devices;

(b) If not otherwise included, any other person 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.

2. Primary management official means

(a) The person having management responsibility for a management contract;
(b) Any person who has authority:

(1) To hire and fire employees; or
(2) To set up working policy for the gaming operation; or

(c) The chief financial officer or other person who has financial management
responsibility.

B. Application Forms

1. The following notice shall be placed on the application form of 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 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

Amended Gaming Ordinance, May 22, 1996 3


circumstances; and

n. Fingerprints consistent with procedures adopted by the Tribe in
accordance with 25 C.F.R.§522.2(h).

2. The Tribe shall conduct an investigation sufficient to make a determination
under Subsection D. below. In conducting a background investigation, the
Tribe or its agent(s) shall promise to keep confidential the identity of each
person interviewed in the course of the investigation.

D. Eligibility Determination

The Tribe shall review a applicant’s prior activities, criminal record, if any, and
reputation, habits and associations to make a finding concerning the eligibility of
a key employee or primary management official for employment in a gaming
operation. If the Tribe determines that employment of the person poses a threat
to the public interest or to the effective regulation of gaming, or creates or
enhances dangers of unsuitable, unfair, or illegal practices and methods and
activities in the conduct of gaming, the gaming operation shall not employ that
person in a key employee or primary management official position.

E. Procedures for Forwarding Applications and Reports for Key Empl s_and
Primary Management Officials to the National Indian Gaming Commission

1. When a key employee or primary management official begins work at a
gaming operation authorized by this Ordinance, the Tribe shall forward to
the National Indian Gaming Commission a completed application for
employment and conduct the background investigation and make the
determination referred to in Subsection D of this Section.

2. The Tribe shall forward the report referred to in Subsection F of this
Section to the National Indian Gaming Commission within 60 days after
an employee begins work or within 60 days of the approval of this
Ordinance by the Chairman of the National Indian Gaming Commission.

3. The gaming operation shall not employ as a key employee or primary
management official a person who does not have a license after 90 days.

F. Report to the National Indian Gaming Commission

1. Pursuant to the procedures set out in Subsection E of this Section, the Tribe
shall prepare and forward to the National Indian Gaming Commission an
investigative report on each background investigation. An investigative
report shall include all of the following:

Amended Gaming Ordinance, May 22, 1996 6


—!
NATIONAL
4 INDIAN
11] GaminG
* COMMISSION

Gilbert Cordero, Chairman
Picayune Rancheria of the
Chukchansi Indians

P.O. Box 269

35686 Highway 41
Coarsegold, CA 93614

JUN 2.7 1996

Dear Chairman Cordero:

This letter responds to your request to review and approve
the tribal gaming ordinance, Resolution No. 1996-08, adopted on
June 24, 1996 by the Picayune Rancheria of the Chukchansi Indians
(Tribe). This letter constitutes such approval under the Indian
Gaming Regulatory Act (IGRA).

Under the IGRA and the regulations of the National Indian
Gaming Commission (NIGC), the Chairman is directed to review
ordinances with respect to the requirements of the IGRA and the
implementing regulations. Thus, the scope of the Chairman's
review and approval is limited to the requirements of the IGRA
and the NIGC regulations. Provisions other than those required
under the IGRA or the NIGC regulations that may be included in a
tribal ordinance are not subject to review and approval. Also,
such approval does not constitute approval of specific games. It
is important to note that the gaming ordinance is approved for
gaming only on Indian lands as defined in the IGRA.

With the Chairman's approval of the Tribe's gaming
ordinance, the Tribe is now required to conduct background
investigations on its key employees and primary management
officials. The NIGC expects to receive a completed application
for each key employee and primary management official pursuant to
25 C.F.R. § 556.5(a) and an investigative report on each
background investigation before issuing a license to a key
employee or primary management official pursuant to 25 C.F.R.

§ 556.5(b). :

Thank you for submitting the ordinance of the Picayune

Rancheria of Chukchansi Indians for review and approval. The

NIGC staff and I look forward to working with you and the Tribe
in implementing the IGRA.

Sincerely yours,

Chairman

144T C STREET, N.W._9THFLOOR WASHINGTON, 0.C, 20005 TEL.: 202-632-7003 FAX: 202-632-7066



and present evidence concerning his/her removal, shall be required to remove a
member of the Commission. At the request of the member whose removal is at
issue, the hearing may be held in executive session. The Tribal Council also may
elect to receive in executive session any evidence public disclosure of which might
compromise any on-going law-enforcement investigation.

C. There shall be a Chairperson of the Tribal Gaming Commission, who shall be
appointed for a term of two years. The remaining members of the Commission
shall be appointed for terms of two years. The Tribal Council shall determine and
authorize the compensation to be paid to members of the Tribal Gaming
Commission based upon the Tribal Council’s determination of the time required
to be expended upon Commission duties and the qualifications of the appointed
Commissioners.

D. The Tribal Gaming Commission shall be authorized and hereby is directed to
promulgate, subject to review and approval by the Tribal Council, detailed and
comprehensive regulations for the implementation and enforcement of this
Ordinance. Said regulations shall describe and establish the rules for each specific
Class II and Class III gaming activity to be authorized to be conducted on the
Picayune Rancheria, and no form of such gaming may be conducted on the
Picayune Rancheria without prior approval by the Tribal Gaming Commission.
Said regulations further shall designate the Tribe’s agent for service of process by
the National Indian Gaming Commission and other federal law-enforcement
authorities, designate the law enforcement agency by which fingerprints will be
taken from applicants for gaming licenses and permits, describe the procedures for
background investigations of applicants for licenses and permits, and establish
procedures for resolving disputes between the gaming public and the Tribe or
management officials.

E. The Tribal Gaming Commission, independent of the Tribal Council, shall have full
authority to monitor compliance with this Ordinance and its Regulations, and to
investigate and act to prevent any violation(s) thereof.

F, Subject to the approval of the Tribal Council and the appropriation of funds
therefor, the Tribal Gaming Commission shall be authorized to employ such staff
as reasonably may be required to fulfill its responsibilities under this Ordinance.
Compensation of Commission employees shall be limited to that which is
comparable to compensation paid to persons performing similar duties in other
governmental gaming regulatory agencies.

G. Subject to the approval of the Tribal Council, the Tribal Gaming Commission
hereby is authorized to establish and impose upon gaming facilities, permittees,
applicants and licensees such application, permit and license fees as may be
necessary to fully reimburse the Tribe for its actual costs of operating the Tribal

Amended Gaming Ordinance, May 22, 1996 9


objection(s) to the issuance of a license to a key employee or to a primary
management official for whom the Tribe has provided an application and
investigative report to the National Indian Gaming Commission, the Tribe
shall reconsider the application, taking into account the objection(s)
itemized by the National Indian Gaming Commission. The Tribe shall
make the final decision whether to issue a license to such applicant.

H. License Suspension

1. {f, after the issuance of a gaming license, the Tribe receives from the
National Indian Gaming Commission reliable information indicating that
a key employee or a primary management official is not eligible for
employment under Subsection D above, the Tribe shall suspend such license
and shall notify in writing the licensee of the suspension and the proposed
revocation.

2. The Tribe shall notify the licensee of a time and a place for a hearing on
the proposed revocation of a license.

3. After a revocation hearing, the Tribe shall decide whether to revoke or to
reinstate a gaming license. The Tribe shall notify the National Indian
Gaming Commission of its decision.

VIL. Licensing of Gaming Places, Facilities and Locations

A separate license shall be required for each place, facility, or location on Indian lands where
Class II and/or Class III gaming is to be conducted on the Picayune Rancheria.

IX. Creation of Tribal Gaming Commission

A. There is hereby created the Picayune Rancheria Tribal Gaming Commission, which
shall consist of three persons who would themselves qualify for licensing under
this Ordinance. Pending organization of said Commission, the Tribal Council shall
serve as the Commission, and shall promulgate and implement interim regulations
to govern gaming on the Picayune Rancheria until such time as the Commission
proposes final regulations for adoption by the Tribal Council, and the Tribal
Council adopts final regulations.

B. The members of the Tribal Gaming Commission shall be appointed by the
Picayune Rancheria Tribal Council, and shall not be removed during their terms
of office except for misconduct, neglect of duties or other acts that would render
such persons unqualified for licensure hereunder. An affirmative vote of at least
four members of the Tribal Council, taken in an open meeting after a duly-noticed
hearing at which the member charged with misconduct shall have the right to hear

Amended Gaming Ordinance, May 22, 1996 8


b. Currently and for the previous five years: all business and employment
positions held, ownership interests in those businesses, business and
residence addresses, and drivers license numbers;

c. 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 paragraph (1)(b) of this

Subsection;
d. Current business and residence telephone numbers;
e. A description of any existing and previous business relationships with

Indian Tribes, including ownership interests in those businesses;

f. A description of any existing and previous business relationships with the
gaming industry generally, including ownership interests in those
businesses;

g. The name and address of every 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;

h. 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;

i. For each misdemeanor conviction or ongoing misdemeanor prosecution
(excluding minor traffic violations) within ten years of the date of the
application, the name and address of the court involved and the date and
disposition;

j. For each criminal charge (excluding minor traffic charges), whether or not
there is a conviction, if such criminal charge is within ten years of the date
of the application and is not otherwise listed pursuant to paragraph (1)(h)
or (1)(i) of this Subsection, the criminal charge, the name and address of
the court involved and the date and disposition;

k. The name and address of each 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;

1. A current photograph;

m. Any other information the Tribe may deem relevant under the

Amended Gaming Ordinance, May 22, 1996 5


Picayune Rancheria
of the

CHUKCHANSI INDIANS

P.O, Box 269 + 35686 Highway 41 » Coarsegold, CA 93614 + (209) 683-6633 * FAX (209) 683-0599

PICAYUNE RANCHERIA OF THE CHUKCHANSI INDIANS

AMENDED GAMING ORDINANCE

May OO inn

I. Purpose ef

The Picayune Rancheria of Chukchansi Indians (hereinafter, "Tribe"),as the beneficial owner of
the Picayune Rancheria (hereinafter, "Rancheria"), and acting through its Tribal Council in the
exercise of its inherent sovereign power to enact ordinances and otherwise safeguard and provide
for the health, safety and welfare of the Picayune Rancheria and the members of the Tribe,
hereby ordains and establishes this Ordinance for the purpose of authorizing and comprehensively
and preemptively regulating the terms and conditions under which Class II and Class IJ gaming
may be conducted on the lands of the Picayune Rancheria.

Il. Gaming Authorized

A. Class II gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-447,
25 U.S.C.Section 2703(7)(A) ("IGRA") and by regulations lawfully promulgated
by the National Indian Gaming Commission ("NIGC") that now or hereafter may
be in effect is hereby authorized.

B. Class III gaming as defined in IGRA, 25 U.S.C. Section 2703(8) and by
regulations promulgated by the NIGC that now or hereafter may be in effect is
hereby authorized, provided such gaming is also authorized by and consistent with
a Tribal-State Compact that has been approved by the Secretary of the Interior and
is in effect, or otherwise has been authorized by the Secretary of the Interior or
federal law.

Il. Ownership of Gaming Facilities and/or Enterprises

The Tribe shall have the sole proprietary interest in and responsibility for the conduct of any
gaming facilities and/or enterprise(s) authorized by this ordinance.

IV. Use of Gaming Revenue

A. Except as specifically authorized pursuant to Subsection B of this Section, net
revenues from Class If and Class III gaming on the Picayune Rancheria shall be
used only for the following purposes:

Amended Gaming Ordinance, May 22, 1996 1


Resolution 1996-08
Gaming Ordinance

JUL 8 1996

CERTIFICATION

I hereby certify that there was a quorum of 7 members present at a duly noticed
meeting of the Tribal Council of the Picayune Rancheria of the Chukchansi Indians held on
the 24th day of June, 1996, and that the above Resolution was discussed and adopted by a
vote of 7 in favor, 0 opposed, and 0 abstaining.

Date: AX 96

LAtjutl. Crdew po

Gilbert D. Cordero, Tribal Chairperson

Daisy Thine Secretary



Picayune Rancheria
of the

CHUKCHANSI INDIANS

P. O. Box 269 * 35686 Highway 41 * Coarsegold, CA 93614 * (209) 683-6633 * FAX (209) 683-0599

THE PICAYUNE RANCHERIA
OF THE
CHUKCHANSI INDIANS = JUL - 8 1996

RESOLUTION
NO. 1996-08

GAMING ORDINANCE

WHEREAS, the Picayune Rancheria of the Chukchansi Indians is a federally
recognized tribe recognized pursuant to Tillie Hardwick et al vs
United States; and has a sovereign right and the responsibility
for the economic and social welfare of its Tribal Members; and

WHEREAS, the governing Tribal Council as provided and authorized by the
Tribal Constitution has the responsibility to act on behalf of the
Chukchansi People; and

WHEREAS, the Tribal Council of the Picayune Rancheria of the Chukchansi
Indians have determined that Indian gaming offers the best
potential to generate the tribal reviews; and

WHEREAS, the Tribe had to resubmit the Gaming Ordinance Regulation on
March 4, 1996 and the National Indian Gaming Commission did
review and found deficiencies; and

WHEREAS, the Tribe has made correction to all deficiencies and has
amended the Gaming Ordinance of March 4, 1996; and

BE IT FURTHER RESOLVED, that the Picayune Rancheria of the Chukchansi Indians
hereby adopts this Resolution and shall be effective on June 24, 1996.

96070$ 0000 F


Gaming Commission, enforcing this Ordinance and Tribal Gaming Commission
regulations, processing of licensing and permit applications, and otherwise fulfilling
its regulatory responsibilities under IGRA. All such fees shall be collected by the
Tribal Gaming Commission and hereby are continuously appropriated solely for
the purposes enumerated in this Subsection.

H. Failure to timely pay any gaming-related fee imposed by the Tribal Council or the
Tribal Gaming Commission, or to comply with any Commission regulation or
order, or any other violation of this Ordinance or the terms of any Class III gaming
compact authorizing and regulating gaming on the Picayune Rancheria, shall be
grounds for suspension or revocation of any license or permit issued pursuant to
this Ordinance, exclusion of any non-member of the Picayune Rancheria of
Chukchansi Indians from the Picayune Rancheria, and imposition of such other
sanctions as the Tribal Gaming Commission may deem appropriate.

I. Any person or entity subject to any sanction or penalty by the Tribal Gaming
Commission shall have the right to appeal such sanction or penalty to the Tribal
Council in accordance with such rules and regulations as may be promulgated by
the Tribal Council for that purpose. The decision of the Tribal Council on any
appeal shall be final and not otherwise reviewable.

X. Repeal

To the extent that they are inconsistent with this ordinance, all gaming ordinances previously
enacted or amended by the Picayune Rancheria of Chukchansi Indians hereby are repealed.

Amended Gaming Ordinance, May 22, 1996 10