Mr. Wilson Crutcher 

Fort McDermitt Paiute-Shoshone Indian Tribe 

P.O. Box 457 

McDermitt, Nevada 89421 

Dear Mr. Crutcher: 

This letter responds to your request to review and approve 

the tribal gaming ordinance adopted by Resolution No, F'M94-009- 

073 by the Fort McDermitt Paiute-Shoshone Indian Tribe (the 

Tribe) on September 29, 1994. This letter constitutes such 

approval under the Indian ~aming 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 requirec 

under the IGRA or the NIGC regulations that may be included in 

tribal ordinance are not subject to review and approval. Such 

approval does not constitute approval of specific games. Also, 

the gaming ordinance is approved for gaming only on Indian larc 

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 applicatior 

for each key employee and primary management official pursuant 

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. 

S 556.5(b). 

Thank you for submitting the ordinance of the Fort McDermj 

Paiute-Shoshone Indian Tribe for review and approval. The NIGC 

staff and I look forward to working with you and the Tribe in 

implementing the IGRA. 

Sincerely yours, 

IBEP! STREET. N W. SUITE 250 WASHINGTON DC 20036 TEL 202.~32 7003 FAX 2022632-7066 
c g@%ki6bh?# PbllJTE~SHOSRONE TRIBE 

Post Office Box 457 

McDermitt, Nevada 89421 Phone (702) 532-8259 

RESOLUTION NO. FM94-009-073 

CONCERNING: Acceptance of Tribal Gaming Ordinance authorizing the Tribe to 

pursue gaming related economic development and administrative 

control within the Fort McDermitt Indian Reservation. 

RESOLUTION OF THE GOVERNING BODY OF THE 

FORT MCDERMITT PAIUTE-SHOSHONE TRIBE 

OF OREGON AND NEVADA 

WHEREAS, The Fort McDermitt Paiute-Shoshone Tribe organized in accordance with Section 

16 of the Indian Reorganization Act of June 18, 1934 (48 Statute 981), as 

amended by the Act of June 15, 1936, a Constitution and By-Laws were adopted 

and such Constitution and By-Laws were later approved by the Secretary of the 

Interior in July 2, 1936; and, 

WHEREAS, the Governing Body of the Fort McDermitt Tribe is the Tribal Council, as set forth 

in the Constitution, Article 111, Section I; and, 

WHEREAS, the Fort McDermitt Tribal Council is mandated by its Constitution to promote the 

Health and Welfare of the Paiute-Shoshone People in the Community; and, 

WHEREAS, an ordinance authorizing the Tribe to develop, conduct, and regulate gaming 

activity within the Fort McDermitt Indian Reservation will benefit all Tribal 

members; now, 

THEREFORE BE IT RESOLVED, that the Fort McDermitt Tribal Council Chairman or the 

Tribal Vice-Chairman, is authorized to review and submit a Tribal Gaming 

Ordinance to the National Indian Gaming Association. 

CERTIFICATION 

It is hereby certified that the forgoing Resolution No. FM94-009-073 of the Fort McDermitt PaiuteShoshone Tribal Council of the Fort McDermitt Paiute-Shoshone Tribe, composed of eight (8) 

members of whom SIX (6) constituting a quorum were present at a meeting duly held on the 29TH 

day of SEPTEMBER 1994, was adopted by the affirmative vote of: FIVE (5) FOR, ZERO 

(0) AGAINST, ZERO (0) ABSTmG; pursuant to the authority contained in the Constitution 

and By-Laws of the Fort McDermitt Paiute-Shoshone Tribe. 

, . -, 

Marcella Abel, Secretary Approval Date: 

Ft. McDermitt Tribal Council 

Ft. McDerrnitt Paiute-Shoshone Tribe 
Title. 

This Ordinance shall be known as the Fort McDernlitt PaiuteShoshone Indiah Tribe of Oregon and Nevada Gaming Ordinance. 

The Tribal Council of the Fort McDermitt Paiute-Shoshone 

Indian Tribe, finds that: 

A. The Fort: McDermFtt Paiute-Shoshone Indian Tribe has the 

exclusive authority to regulate Class I1 gaming 

activities on tho Indian Lands as defined at the 25 

U.S.C. 8 2703 (4) (b) within the States of Oregon and 

Nevada: and 

B. The Fort McDermitt Paiute-Shoshone Indian Tribe is 

authorized to operate, license and regulate Class 1x1 

gaming on Indian Lands, as defined at the 25 U.S .C. S 

2703 (4) (b) , provided it has entered into, and 

operates Class 111 gaming consistent with a compact: 

antered into between the Tribe and the state where 

said galrlinu is or will be operated; and 

C. I:t is essential to the health, safety and the general 

we1 fare of ?he Fort McDermi tt Paiute-Shoshone Indian 

Tribe and the visitors to the Fort McDermitt PaiuteShoshone Reservation that standards and regulations 

be promulgated to govern the conduct of gaming 

activities on Fort McDermitt Paiute-Shoshone Indim 

Lands. 

The purposes of this Gaming Ordinance are to: 

A. Provide standards and regulations governing the conduct 

of gaming activities on Fort McDermitt Paiute-Shoshone 

lands; 

B. Promote tribal economic development; 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 11 : 45QM P2 

C. Enhance employment opportunities for tribal members; 

D. Strengthen the economy of the Fort McDerrnitt PaiuteShoshone Indian Tribet and 

I 

E. Generate revenue for the use in improving the health, 

education and general welfare of enrolled members of the 

Fort ~cllermitt Paiute-Shoshone Indian Tribe. 

1. "Act" or "I.G.R.A" means the Indian Gaming Regulatory Act, 25 

U.S.C. § 2701 et seq. 

2. wBingon means the game of chance (whether or not electronic, 

computer or ather technological aids are used in connection 

therewith) which is played for prizes, including monetary 

prizes, withcards bearing numbers ox other 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 such cards. "Bingott includes, if 

played at the same location, pull tabs, lotto, punch boards, 

tip jars, instant bingo and other games similar to bingo. 

3. "Class I ~arnin~" 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 11 Gaqing" means all forms of gaming which are defined 

afi flClass 11; Gamingu in the Indian Gaming Indian Regulatory 

Act, P.L. 100-4917 (IYBU), codified at the U.S.C $ 2701-2721, 

and shall inc&ude, but not b~ limited to, the following forms 

of gaming: bingo, lotto, gull tabs, punch boards, instant 

bingo, tip jars and non-banking card games, when played in 

conformity wi;th 25 U.S.C. S 2703 (7) . 

5. "Class 111 ~bming" means all forms of gaming that are not 

Class I Gaming or Class XI Gaming, as defj-ned in the Indian 

Gaming Regulatory Act, Pub. L. No. 100-497 (1988), codifiod at 

25 U.S.C. 8 2!701-2721. 

6. " Compact " means the Compact or Compacts by and between the 

Fort McDermitt Paiute-Shoshone Indian Tribe and the States of 
FROM : FT McDERMITT TRIBE PHONE NO. : M2 532 8913 Sep. 23 1994 11 : 46W P3 

Oregon and/or Nevada, as applicable, setting forth an 

agreement fo~ operation of Class I1 and/or Class 111 gaming on 

Fort McDermikt Paiute-Shoshone Indian Lands within the States 

of Oregon and Nevada respectively. 

7. nEnti tyl' means any organization, including any division, 

department or other unit therein, and includes, but shall not 

be limited to, a public or private corporation, partnership, 

joint venture, voluntary or unincorporated association, 

organizationJ proprietorship, trust, estate, commission, 

bureau, department ow governmental agency except that entity 

shall not include the Fort McDermitt Paiute-Shoshone Indian 

Tribe . 8. "Equipment" means any article, device or other item, 

employed in gaming activities, including but not limited to 

Bingo cards, lottery tickets, any electronically operated 

blower machine, computer, electronic selection machine, 

gambling machines, gaming tables, associated paraphernalia, 

chips, tokens, dice and any other items employed in gaming 

activity. I 

9. "Gaming Commission" means the Tribal Gaming Commission or 

state Gaming Conunission as applicable in accordance with the 

Compact. 

"Gambling ~achine" or "slot machineVf means a mechanical, 

electrical, dlectronic or other gambling device or machine 

that upon, insertion of a coin, currency, token, credit card 

cr ether- 3imi'l~_r n_h!pctq; fir _r~wJem.ctipn cf creddt or npnn 

payment of any valuahla consideration, is available to play or 

operate, play or operation of which, whether by reason of 

sklll or chance or both may deliver or entitle the player to 

receive a prize whether the payoff is made automatically from 

the machine or in another manner. The term does not include 

pinball machines, 

11, "Gross Receipts1' means the total receipts from the collduct of 

gaming activities. 

12. "Indian Landc" or "Fort McDermitt Paiute-Shoshone Indian 

Lands1! means all lands within the limits of the Fort McDermitt 

Indian Reservakion: or any lands title to which is either held 

in trust by the Fort McDormitt Paiute-Shoshone Indian Tribe 

or individual Fort McDermitt Paiute-Shoshone Tribal Member 

subject to restriction by the United States against 

alienation, and over which the Fort McDermitt Paiute-Shoshone 

Indian Tribe exercises governmental power. 
FROM : FT McDERMITT TRIBE PHONE NO. : M2 532 8913 Sep. 23 1994 11 : 47RM P4 

13. "Key Employee" is defined as in 25 C.F.R. B 502.14. 

"Lottery" means any scheme for the disposal or distribution or 

property, by chance, among the persons who have paid or given 

any valuable consideration for the chance of obtaining 

such property, or a portion of it, or for any share or any 

interest in such property upon any agreement, understanding or 

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

or chance, whether called a lottery, raffle or gift 

enterprise, or by whatever name the same may be known. 

llNet Revenues1' means gross gaming revenues of the Tribele 

gaming operation less (i) amouilts paid out as, or paid for, 

prizes and (ii) total gaming-related operating expenses, 

excluding management Pees. 

"Non banking !card games" means any card game in which two or 

more players ;play against each other and the players do not 

wager against the house. Non-banking card games played in 

conformity wiith state law regulating hours of play, wage and 

pot limits is Class I1 Gaming, All other non-banking card 

games are Class I11 games. 

"Personsw means any individual, receiver, administrator, 

executor, assignee, trustee in bankruptcy, trust, estate, 

firm, partnership, joint venture, club, company, joint stock 

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

any group of individuals acting as a unit, whether mutual 

cooperative, fraternal or nonprofit, doing business within the 

Indian lands.; The Tribe is not within the definition of 

person. I 

"Pinball ~achkne" means a video, mechanical, electrj.ca1 or 

electronic machine which upon insertion of a coin or token or 

upon redemption of a credit, is available for play, the play 

or operation qf which, by reason of skill, chance or 

combination of both, may entitle a player to an automatic, 

immediate freelreplay or replays, which cannot be redeemed for 

anything of value. 

llPlayerl' means any person participating in gaming activity, 

who is participati.ng with the reasonable expectation of, or 

for the chance of, receiving a prize of some value. 

"Primary Management Officials1' is defined as in 25 C.F,R, 

5 502,19. 

"Prizel1 means any U.S. currency, cash or other property or 

thing of value awarded to a player or players, or received by 
FROM : FT McDERNlTT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 l1:47RN P5 

a player or':players as a result of their participation in a 

gaming activity. 

22, "Secretaryv means the Secretary of the Interior. 

23. "Statev means the States of Oregon or Nevada, as applicable. 

24. "State Gaming Commission" means the Gaming Commission or 

agency of tqe state in which the lands upon which gaming is 

being or will be conducted. 

25. "Tribal ~ouncil" means the Tribal Council of the Fort 

McDerrnitt Paiute-Shoshone Indian Tribe of Oregon and Nevada. 

26. "Tribal ~oukt" means the Fort McDermitt Paiute-Shoshone 

Tribal Court2 

27. "Tribal gaming facility" or "Gaming Facilityv means any 

location where Class I1 or Class I11 gaming is cond~icted. 

28. "Tribal gaming operation" means any Class I1 or Class III 

gaming operatlion conducted on Fort McDer~nitt Paiute-Shoshone 

Indian Lands .~ 

29. "Tribef1 means the McDermi t t Paiute-Shoshone Indian Tribe 

within the States of Oregon and Nevada, recognized by the 

Secretary of the Interior, and havinq special rights of self 

government, its agencies and officials. 

,%aLbLL d ReA. Class I Gaming is authorized on Indian Lands, and may be 

conducted by any person. Class I gaming shall not be 

regulated by this ordinance. 

B. Class II Gaming and Class I11 Gaming are authorized on 

Indian I Lands. Class 11 Gaming and Class I11 Gaming 

shall be regulated by the Gaming Commission and shall 

only be operated consistent with the provisions of 

this Ordinance and 25 U.S.C. 8 2710. 

A. Tribal Revenues from Class I1 and Class 1x1 gaming 

activities shall be used only to: 

1. fund tribal government operations or programs; !, 
FR0I.I : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 11: 48QM P6 

2. provide, for the general welfare of the Community or 

Community members; 

3. promote; economic development within the Port McDermitt 

Paiute-Shoshone Indian Tribe Indian Reservation; 

4. fund operations of local tribal government agencies; 

and/or i 

5. donate to charitable organizations. 

A.. To ensure that the environment and the public safety and 

welfare are adequately protected, each genrni~~g facility 

shall b* constructed and maintained in compliance with 

applicable tribal, state and federaJ. laws, including but 

not limited to fire codes, safety codes and building 

codes. 

B. Each gaming facility shall be subject to inspection to 

insure compliance, annually or on such basis as the 

Tribal Building inspector, or if none, Tribal 

Council, determimes necessary and appropriate and be 

subject to such other inspection as may be required by 

the compact. 

1. No person under the age of 21 years shall be permitted to 

play anyiof the Class I1 or Class I11 games. 

2. No person who j.s employed at a Class I1 or Class 111 

gaming fa,cility may play ally game conducted therein while 

on duty. 

A, Not Assignable, exception. 

The right of any person to a prize shall not be assignable 

except that payment of any prize may be made to the estate of 

a deceased prize winner or to a person pursuant to an order of 

the Tribal ~ou'rt. 

3. Any unclaimed prize of a Class I1 or Class I11 gaming 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 11 : 48FIM P7 

activity shall be retained by the owner of the gaming 

activity or enterprise for ninety days after the prize 

is avai'lable to be claimed. Any per-son who fails to 

claim a;prize during such a time shall forfeit all rights 

to theprize, and the amount of the prize shall be 

awarded: to the Tribe. 

2. Any prize won by a person under the age of twenty-one 

(21) shall be forfeited as a violation of Section R of 

this Ordinance. Any such prize shall be awarded to the 

Tribe, and the approximate consideration paid by the 

minor shall be refunded to the minor. 

If. - 

A. Establishment and Composition. 

1, There is hereby created the Tribal Gaming 

~or6nission. 

2. hi Tribal Gaming Com~ission Shall be comprised of 

a gaming Commissioner and four (4) members. 

B. ~ualifications and Appointments. 

1. he( Gaming Commissioner shall be appointed by the 

Tribal Council, and shall possess and demonstrate 

as minimum qualifications: 

a. : Knowledge and experience in the commercial 

I gaming industry; 

b, Familiarity with the Actr 

c, Experience in and knowledge of administration 

! and administrative procedure. 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 11 : 49QM P8 

2. The members shall be appointed by the Tribal 

Council, Not less than two (2) members shall be 

from among Tribal membership. 

3. Appointments of the Commissioner and members shall 

be; for a term of four (4) years, except that of the 

in1itial members one shall be appointed for a term 

of; one year, one for two (2) years, one for throe 

(3) years and one for four (4) years which will 

result a in staggered appointment and provide 

continuity within the Commission. The Commissioner 

and all members may be re-appointed for one or more 

successive terms. 

4. NO person shal.1 be appointed to the Tribal Gaming 

Commission unless the Tribal Council is satisfied 

that: 

a, ) He or she is a person of good character, 

honesty and integrity, whose prior activities, 

criminal record, if any, reputation, habits 

and associations do not pose a threat to the 

public interest of the Tribe, its members 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 or the 

carrying on of the business and financial I arrangements incidental thereto; and 

b. I He or she has no interest in any private gaming I activity on Fort McDemitt Paiute-Shoshone 

I Indian lands or any activity which may have I interests in conflict with the Tribal gaming 

operations, 

5. The commissioner and members may be removed for good 

cause, after written notice and opportunity to be 

heard by the Tribal Council, Good cause, shall 

exist when any condition occurs or is discovered 

which would exclude a person from appointment. 

C. Duties add Powers. 

The Tribal Gaming Commission shall administer the provisions 

of this Ordinance and shall have all powers necessary 

therefore. En exercise of its duties, the Tribal Gaming 

Commission shall, insofar as is consistent with the Compact. 
FROM : FT McDERMITT TRIBE , PHONE NO. : 702 532 8913 Sep. 23 1994 11:49RN P9 

1. Promulgate such rules and regulations as may be 

necessary and desirable for the proper 

implementation and enforcement of this Ordinance; 

2. Identify and define the rules of play for each Class 

11: and Class 111 game permitted; 

3. License, supervise, inspect and oversee all gaming 

activities and persons employed in gaming 

activities conducted on Indian Lands; 

4, Conduct background investigations of key employee 

and Primary Management Official license applicants; 

5. Carry on a continuous study and investigation of 

class 11 and Class I11 gaming on Indian Lands for 

th? puapose of: 

a. ; Ascertaining defects in or abuses of the 

standards and regulations in this Ordinance or 

applicable rules and regulations; 

b. : Formulating recommendations for changes in the 

standards and regulations in this Ordinance 

and any and all applicable rules and 

regulations; 

c. 1 Preventing abuses and evasions of the standards I and regulations prescribed by this Ordinance 

and applicable rules. 

6. ~epbrt to the Tribal Council on any matters releted 

to gaming which are deemed by the gaming Comtnission 

to ,constitute an emergency requiring immediate 

act ion; 

7. Take any action it deems necessary and appropriate 

to implement and enforce this Ordinance, applicable 

rules ,and/or regulations, and/or to prevent or 

remedy violations thereof including but not limited 

to license suspension, revocation, prosecution, 

referral for prosecution, civil suit, issuance of 

subboenas and imposition of administrative fines. 

8. ~rn~lo~ such employees as are necessary to carry out 

the specific and general powers and duties 00 the 

Tribal Gaming Commission. 

9, Prescribe by rule and regulation the procedures for 
FROM : FT McDERMITT TRIBE PHONE NO. : 782 532 8913 

resolving disputes between the gaming public and a 

gaming operation. 

D. compensation. 

The Commissioner, ~nembers, and employees of the Tribal Gaming ce--- a. 1 l--k .-----.- L 'i ---..---- --L- -1 ultutl;aa~un 3naxr uG I tscrou~~dur c;uncyorlaaLau, &$ &te;ii~~iljed by 

the Tribal Council. The compensation shall be paid from the 

Tribe's income from gaming activities. 

E, JudiciaL Review of Tribal Gaming Commission Final Action. 

1,. A final action of the Tribal Gaming Commission shall be 

deemed a final administrative action subject to review 

under the standard of review established in 5 U.S.C. § 

706. The final administrative action shall be reviewable 

under tde exclusive jurisdiction of the Fort McDermitt 

~aiute-~hoshone Tribal Court, which is hereby granted 

jurisdickion to hear such appeals. 

2. Appeal to the Tribal Court of final Tribal Gaming 

Commission action pursuant to this paragraph (el sha1,l be 

commenced no later than thirty (30) days subsequent to 

reasonable notice to the aggrieved person of the final 

action and shall proceed pursuant to the procedural rules 

of the Tribal Court and/or as otherwise expressly 

providediin this Ordinance. 

3. Judicial ireview of final Tribal Gaming Commission action 

shall be! limited to and proceed on the administrative 

record, :Within twenty (201 days after commencement of 

the Tribal Court action and tender of payment by the 

aggrieved person to the Tribal Gaming Commission of the 

costs of preparing a certified transcript, or within such 

other time as the Tribal Court may order and said the 

tender of payment, the Tribal Gaming Commissioi~ shall 

prepare and transmit to the Tribal Court a certified 

transcript of the administrative record. 

4, The burden of demonstrating the invalidity of final 

Tribal Gaming Commission action shall be on the person 

asserting invalidity. 

5. In the event of a conflict between the provisions of this 

paragraph, (El and the Fort McDermitt Paiute-Shoshone, 

Administrative Procedures Ordinance, the Administrative 

procedures 0,rdinance shall control. 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 Il:51RM Pll 

A. Authority tq License. 

1. Designation of the authority to license and regulate 

Class I1 and/or Class 111 gaming shall be pursuant 

td federal law, tribal law and the applicable 

Compact. 

2. class I gaming shall not: be regulated by this gaming 

Ordinance and no licensing shall be required for 

Class I gaming. 

B, Types of Licenses to be Issued. 

The Tribal '~arnin~ Commission shall issue the following 

licenses for; gaming on the Fort McDermitt Paiute-Shoshone 

Indian Lands subject to its authority to license and regulate: 

1. Manager License 

2. Class I1 Owner License 

3. Operator License 

4. ( Contractor License 

5. Primary Management Official License 

6. ) Key Einployee License 

7. General Employee License 

8. i Class TI Facility License 

9. Class 111 Facility License 

10. Manufacturer's and Distributor's License 

11. Vendor's License 

12. Other Licenses necessary and appropriate 

A. Any person making application for a tribal gaming license 

pursuant ,to. this Ordinanc~ shall submit his or her 
application,. and required forms and information, as set 

forth by the Tribal Gaming Commission, pursuant to this 

Ordinance, together with an application fee as follows: 

=*I - =I 

I 

I a. Manager License- $500.00 

I b. Owner License- $1,500.00 

, c. Operator License- $1,000.00 

I 

, d. Contractor License- $2,500.00 

I e. Primary Management Official Llcense- 

$1,500.00 I 

I 

, f. Key Employee License- $1,500.00 

I; g. General Employee License- $15.00 

h. Facility License- $100.00 

I 

2, Class 111 License fees: 

a. Manager License- $1, 500.00 

, b. Contractor License- $7,500.00 

) c. Primary Management Official License- I $4,500.00 

d. Key Employee License- $4,500.00 

, e. General Employee License- $45.00 

3, ~endral License Fees: 

' a. Manufacturer and Distributor's License- 

$6,000.00 

b. Vendor's License- $3,000.00 

The Tribal Gaml.ng Commj.ssion may waive fees at: its discretion 

if an applicant is unable to pay fees, 

I 

B. A licensee shall, at least sixty (60) days prior to the 

expiration of the license, make application for renewal 
FROM : FT McDERMITT TRIBE 

. 

PHONE NO. : 782 532 8913 Sep. 23 1994 ll:51QM P13 

with the Tribal Gaming Commission, and shall submit the 

application and required forms and information together 

with a lrenewal fee equivalent to 75% of the applicable 

License fee, 

Tribal gaming licenses shall be valid and effective for 

a period of one year from the date of issue, unless same 

is sooner suspended or revoked for cause after notice and 

hearing, pursuant to this Ordinance. The effective date 

and period shall be stated on the face of the License. 

B. Place. i 

1. A tribal gaming license shall be valid for one (1) 

facility or location only, and the location shall be 

identified on the face of the license. 

2. If ,a person or entity desires to be employed with, 

or ; operate, more than one gaming location, a 

separate gaming license must be obtained for each 

seRarate facility or location, 

C. Facility License. A separate tribal gaming license 

shall be issued to each place, facility or location on 

Indian lands where gaming is allowed in accordance with 

this Ordinance. 

A, General.! 

1. An application to receive a tribal gaming license or 

to be found suitable to receive a tribal gaming 

license s11aLl not be granted unless the Tribal 

Gaming Commission is satisfied, after review of a 

background investigation that: such applicant is: 

a. ! A person of good character, 1-lonesty and 

integrity? 

b. A person whose prior activities, criminal I record, if any, reputation, habits and 

i associations do not pose a threat to the 

; public interest of the Tribe, its members or 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 l1:52RM P14 

I to the effective regulation of gaming, or 

I create or enhance the dangers of uneiuitable, 

unfair or illegal practices and methods and 

! activities in the conduct of gaming or the 

; carrying on of the business and financial 

I arrangements incidental thereto; and 

c.) In all other respects is qualified to be 

lic~nsed or found suitable consistent with the 

) declared policy of the Fort McDerlnitt PaiuteShoshone Indian Tribe. 

d. An application to receive a tribal gaming 

license or to be found suitable constitutes a 

request for a determination of the applicant's 

general character, integrity and abllity to 

participate or engage in, or be associated 

with gaming. Any written or oral s1:atement 

made in the course of an official proceedings 

of the Tribal Gaming Commission or the ' National Indian Gaming Commission established 

pursuant to 25 U.S.C. 8 2704, by any member 

thereof or any witness testifying uncler oath 

which is relevant to the purpose of the I proceeding is absolutely privileged and doea 

not impose liability for defamatiol-1 or 

constitute a ground for recovery in any civil I action. 

B. Primary ~ana~ement Officials, Key and Other E~ngloyees; 

Requirements. 

1. No person shall be licensed by the Tribal Gaming 

Commission for employment by a gaming enterprise 

opetated on the Fort McDermitt Paiute-Shoshone 

Indian lands who: 

a. Ha's been convicted of or who has pled guilty or 

: nolo contendere to any felony, gaming offense, 

or other offense involving moral turpitude 

(except that misdemeanors committed before 

! such person's 21st birthday shall not act to 

bar hidher employment); or 

D. Is under the age of 21, except that, no person 

shall be licensed by the Tribal Gaming 1 Comnisaion for employment as a primary 

Management Official or Key Employee who is 

under the age of 21. I 
FROM : FT McDERMITT TRIBE PHONE NO. : 782 532 8913 

No perdon shall be employed as a Primary Management 

Ofificial or Key Employee in a Class I1 or Class I11 

gaming activity who: 

a.i Has not first applied for and obtained a gaming 

I license or state gaming license, as is 

applicable, pursuant to this Ordinance. 

b. Is ineligible for fidelity bonding or similar 

( insurance covering employee dishonesty 

3. very person employed at a gaming facility operated 

on Fort McDermitt Paiute-Shoshone Indian lands 

shall wear an identification badge which 

conspicuously states the place of employment, the 

full name and photagraph of the person and their 

position of employment. 

c. Primary :Management Officials and Key employeesl License 

applicaliion, notices. 

1. The Tribal Gaming Commission shall require that 

~riinary Management Officials and Key employees make 

app;lication for tribal gaming license on a form 

specified by the 'l'ribal Gaming Colnmission, unless 

the applicable Compact allocates sole jurisdiction 

to the relevant State with respect to background 

investigations. 

2. The application form shall include the following 

notices : 

a. Privacy notice: 

I 

In compliance with the privacy Act of 1974, 

the following information is provided: I Solicitation of the information on this form 

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

determine the eligibility of individuals 

to be employed in a gaming operation. I The information will be used by the National 

, Indian Gaming Commission members and staff 

who have need for the information in the 

Performance of their official duties. The 

1 information may be disclosed to appropriate 

federal, tribal, State, local or foreign law 

enforcement and regulatory agencies when 

I relevant, to civil, criminal or regulatory 

I investigations or prosecutions or when 
FROM : FT McDERMITT TRIBE PHONE NO. : 782 532 8913 Sep. 23 1994 11:53RM PI6 

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 gaming operation. Failure to consent to 

the disclosures indicated in this notice will 

result in a tribe's being unable to hire you 

in primary management official or key 

employee position. 

) The disclosure of your Social Security 

number (SSN) is voluntary, However, failure i to supply a SSN may result in errors in 

! processing your application. 

b, Notice Regarding False Statements. 

A false statement on any part of your 

application may be grounds for not hiring 

you, or for firing you after you begin to I work. Also, you may be punish~d by fine 

or imprisonment (U.S,Code, Title 18, 

section 1001) . 

3. a. All applicants to the Tribal Gaming Commission I shall be required to sign an acknowledgement of 

: receipt and reading of the Privacy Notice and 

Notice Regarding false statements, which shall I; be placed on the same page immediately : following the Notice. 

b. The Tribal Gaming Commission shall. notify in 

I writing existing Key Employees and Primary 

I Management Official. subject to trial licensure 

that they shall either: 

1. Complete a new application form that 

contains a Privacy Act notice and a 

Notice Regarding False Statements; or 

: 2. Sign a statement that contains the 

I Privacy Act notice and consent to the 

routine uses described in that notice 

and a statement that contains the Notice 

Regarding False Statements. 

4, The I tribal gaming license application shall at 
, FROM : FT P-IcDERM ITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 ll:54QM PI7 

mjnimum require the following information: 

(1) Full name, other names used ( oral or 

written), social security numbers ($1, birth I date, place of birth, citizen ship, gender, 

all languages (spoken or written); 

(21) Currently and for the previous 5 years: 

) business and employment positions held, 

ownership interests in those businesses, 

business and residence addresses, snd drivers 

license numbers; 

(3) The names and current addreases of at least 

: three personal, references, including one I .. - ..--.. -7 .-- C -..-.-- ..L - -.- -- - -...- 2..L- -1 -.: L1- LL - I pdLourlar LeLc+crrLc WJLU wao aLyuasirLcu WLLJJ LAJC 

applicant during each period of residence 

( Listed under paragraph (a) (2) of this 

I section; 

(4); Current Business and residence telephone 

: numbers; 

(5): A description of any existing and previous 

business relationships with Indian Tribes, 

I including ownership interests in those 

businesses; 

6 A description of any existing and previous I business relationships with the gaming 

industry generally, including ownership 

interests in those busineases; 

(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 

I ljcense or permit was granted; 

(8) 1 For each felony for which there is an ongoing 

prosecution or conviction, the charge, the 

; name and address of the court involved, and I the date of the disposition if any; 

(9) 1 For each misdemeanor conviction or ongoing 

misdemeanor (excluding minor traffic 

violations) within 10 years of the date of 

I the application, the name and address of the 

i court involved, and the date and the 
FROM : FT McDERMITT TRIBE PHOIdE NO. : 702 532 8913 Sep. 23 1994 11:54RM PI8 

disposition; 

(l10) For each criminal charge (excluding minor 

traffic charges) whether or not there is a 

conviction, if such criminal charge is within I 10 years of the date of the application and 

I is not otherwise listed pursuant to the I paragraph (a) (8) or (a) (9) of this section, 

I the criminal charge, the name of the court I involved, and the date and disposition; 

(11) The name of the address of any licensing or I regulatory agency with which the person has 

I filed an application for an occupational I 

- license or permit, whether or not such 

) license or permit was granted; 

(12) X photographi 

(13) Fingerprints consistent with procedures I adopted by the Tribal police or the Tribal I Gaming Commission consistent with 25 C.F.R. S 

i 522.2 (h). Fingerprints shall be taken by 

the BIA police, or the State police of the 

I State in which applicant resides, and shall 

( be sent directly to the National Indian : Gaming Commission by the law enforcement I! agency taking fingerprints; and 

(14) Any other information the Tribal Gaming 

I Commission deems relevant. 

D. Primary Management Officials and Key Employeesi 

Background investigation; Report, 

~he~ribal Gaming Conunission shall conduct, or cause 

tQ COR~UC~S~, 5:' 22 inveetigstcr sp~cintcd bvV Y &L.r + 

a background investigation for each Primary 

Management Official and Key Employee, unless the 

applicable Compact allocates sole jurisdiction to 

therelevant State with respect to background 

j,nvdstigations, The investigation shall, include, 

minimum: 

a. Verification of all information on the , application; 

b. : Interviews of current and prior employers and I irmnediate supervisors for the preceding five 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 11: 55AM P19 

(5) years; I 

c! Interviews of all personal references; 

d: Obtaining a criminal history record; and 

e. An interview with the applicant. 

The inGestigator shall be required to make written 

report to the Tribal Gaming Commission of the 

investigation, including therein the steps taken in 

conducting the investigation, the names, addresses 

arid relationship to the applicant of all persons 

ihterviewed, the informat ion obtained from persons 

interviewed regarding the applicant's reputation, 

habits and associations and the apparent candidness 

(or- Lack thereof) of the persons, and any other 

information garnered or learned about the applicant 

arid. the source of the information, and shall 

pa'rticularly identify all potential problem areas 

add sources of the information. 

3. The Tribal Gaming Commission shall review the report 

and any additional information known to it and make 

a determination of whether the applicant is 

eligible, meets the requirements for employment and 

is suitable or poses a threat to the public 

interest or to the effective regulation of gaming 

or creates or enhances the dangers of unsuitable, 

unfair or illegal practices and methods and 

activities in the conduct of gaming, particularly 

identifying all potential problem areas and 

disqualifying information. 

4. The. Tribal Gaming Commission shall create a report, 

thht at minimum identifies and describes the steps 

taken in conducting the investigation, the results 

obtained, tho conclusions reached and the basis for 

these conclusions. 

5. he Tribal Commission shall not issue a license to 

any applicant who is not eligible and/or does not 

meet the requirements for employment as a Primary 

Management Official or Key Employee. 

6. oilo ow in^ its determination and prior to issuance of 

a license to an applicant determined to meet the 

requirements, the Tribal Gaming Commission shall 

forward to the National Indian Gaming Commission 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 11:55QM P20 

t$e investigative report and a copy of the 

eligibility determination. The Tribal Gaming 

Commission may forward the Investigative report 

arid a copy of the eligibility determination of 

applicants denied licensure, and shall notify the 

National Indian Gaming Comission of its decision 

not to license an applicant. 

~ny license issued by the Tribal Gaming Commission 

shall be suspended, without prior notice, if the 

National Indian Gaxning Commission, after 

notification by the Tribal Gaming Commission of the 

issuance of a license, and after appropriate 

review, indicates that a Primary Ma n a g erne nt 

Official or Key Employee does not meet the standards 

established and set forth herein, pursuant to 25 

U.S.C. §. 2710, and after notice and hearing may 

revoke such license. 

The Tribal Gaming Commission shall immediately 

sukpend, and after notice and hearing, revoke the 

license of any Primary Management Official or Key 

Employee of a Class II or CJ.ass IT1 gaming activity 

orientity who is or becomes ineligible to hold a 

liaense under this Ordinance or who violates any 

provision of this Ordinance or of 25 U.S.C. S.1166, 

1167, 1168 or 2701 or of 18 U.S.C. Q. 1163. 

1. he Tribal Gaming Commission shall promptly notify 

in writing any tribal licensee whose license has 

been or will be revoked and shall include in said 

notice; 

a, The effective date of the revocation; 1 

b. The reason (s) for the revocation; 

c. The right of the Licensee to appeal the 

revocation to the Tribal Court within ten (10) 

days of the licenseefs receipt of the 

i revocation notice. 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 ll:56AH P21 

2. A copy,of the revocation notice shall be sent to the 

National Indian Gaming Commission. 

. A tribal licensee may appeal the revocation of 

his/her license to the Tribal Court by sending a 

written notice of appeal of the revocation to the 

Tdibal Court and the Tribal Gaming Commission no 

later than 10 days after the licensee receives 

notice that his/her license has been revoked. The 

no,tice of appeal shall clearly state the reason(s) 

why the licensee be3.ieves hidher license should not 

bei revoked. 

Upon receipt of the notice of appeal of the license 

rayocation, the Tribal Court shall schedule a 

revocation hearing tribe conducted within twenty 

(20) days of receipt of the notice of appeal. 

Written notice of the time, date and place of the 

hearing shall be delivered to the licensee no 

later than five days before the scheduled date of 

the hearing. I 

3. The licensee and the Tribal Gaming Commission may be 

represented by legal Council at the revocation 

hearing. The licensee and the Tribal Gaming 

Colnmission may present witnesses and evidence in 

support of their respective positions and may 

examine witnesses and evidence presented by the 

apposing side . 4. he Tribal Court shall issue its decision no later 

than ten (10) business days following the revocation 

hea,ring. The decision of the Tribal Court shall. he 

final and conclusive, and no appeal to a higher 

court shall be allowed, except: that a claim of 

apdeal based upon discrimination may be made to t-he 

Fort McDermitt Paiute-Shofihone Tribal. Appeal s Court. 

5. A copy of the Tribal Court's decision regarding the 

revocation of a license shall be sent to the Tribal 

Gaming Commission and National Indian Gaming 

Cominission, 

No person or entity whose Class I1 or Class I11 tribal gaming 

license has been revoked shall be eligible for a new license 
rP7m.A . I-T LA hFhllTTT T.mVOF 

I I\UII - I I IILYLI\IIII I II8IUL N 8-8 nr &In . 7-? r-? nnr -r I I IUIYL I3U. . I WC ddL UdAJ 

nntil 12 rnnn~ths ~fter the effective date of the revocation. 

1. "Bingov means bingo as defined in Section 3 of this 

ordinance. 

2. "Bingo Occasion" means a single session or gathering 

at which a series of successive bingo games are 

played. 

3. "Card gamesv means non-blinking card games played in 

conformity with California, Arizona or Nevada state 

law, as applicable, regulating hours, wagers and 

plot limitations. 

4. "~arne Card" and Bingo game card" means a regular or 

i--n-4 a 1 Pi nnn PorA -as------- - 2. 

5. Lotto" means a game of chance with cards bearing 

nuhers or other designations, in rows of 9, i.n 

which the player holding the card covers such i-l.u,u ijeL a oe ~iasigliatioi~s when sbjecix siniiiarly 

n~~d~h~r~d nr rlnsicnat-.ad ara dr~wn or otherwise 

randomly determined, in which tne game is won by 

the first player to cover a predesignated 

arcangement on the card. 

6. "pill Tabsw means a game of chance in which players 

purchase a card containing predetermined numbers, 

coi.ors, symbols or other designations such when 

reqealed may result in the award of a prize on the 

bas'is 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 Boaxd" 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 

designated prize. 

8. "~egular Bingo Cardv means a board card issued to a 

person upon payment of an admission fee which 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 l1:57RM P23 

affords a person the opportunity to participate in 

ail regular bingo ganes played at a bingo occasion. 

9, "Special Bingo Game" means any bingo game which is 

net a regular bingo game and which is played with 

special bingo cards for special prizes. 

10. "Trip 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 

onle slip in an effort to obtain a slip that 

entitles the player to a designated prize. 

All Class I1 gaming conducted in Fort: McDerrnitt 

Paiute-Shoshone Indian 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 Sections 16 through 24 of 

this Ordinance and an applicable Compact, the 

Compact shall coritrol. 

2. No person or entity sl-rall own, operate or conduct a 

Class II gaming activity on Indian lands unless 

that person or entity has first received a license 

to conduct a Class I1 gaming activity from the 

Gaming Commission. 

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

conduct Class I1 gaming in any location without 

first having applied for, and been issued, a Class 

I1 gaming owner and/or operator's license. 

2. Any person or entity who owns an interest in a Class 

11,gaming enterprise shall apply to the Gaming 

Commission for an owner and/or operator license for 

a Class I1 gaming facility, as is appropriate, on a 

form prescribed by the Gaming commission. A 

separate application and license shall be required 

for each place, facility, or location on Indian 

lands at which Class I1 gaming will be conducted. 

3. Preference shall be given to permitting Class I1 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 ll:57RM P24 

gaming' activities in which the Fort McDermitt 

Paiute-Shoshone Indian Tribe has the sole 

proprietary interest to be conducted in Indian 

lands. 

4. Notwithstanding subparagraph ( 3) above, the Tribal 

Gaming Commission may license a Class I1 gaming 

activity owned in whole or in part, by a person or 

entity other than the Fort McDermitt PaiuteShoshone Tribe, p- no license may be 

issued to such a peroon or entity unless the person 

or entity has first expressly agreed, and 

commemorated in writing on a form prescribed by the 

Gaming Commission, that: 

a. The gaming activity shall be subject to the 

regulations prescribed in this Section; 

b. ' Not less than sixty (608) percent of the Net 

Revenues from the gaming activity shall be 

income to the tribe; 

c. The person(s1 who own the gaming activity or , entity: 

I is r ~lir~ihl~ to r~rcslxra a lirensta I 

from the State of Nevada to conduct the I 

same gaming activity on lands subject to 

the applicable state's jurisdiction; and I 

I 

(ii) shall pay an appropriate assessment to the 

National Indian Gaming Commission for the I regulation of the gaming activity, as 

required by 25 U.S.C. 5 2717 (a) (1) . ! 5. a, A license to own or operate a Class I1 gaming 

establishment shall not be granted unless the 

aypiicarli i~atr saiiaii.iii "Lie Giiii~iii~ CCi'iriiiistiiljii 

that: 

I (i) he has adequate business probity and I experience in gaming. 

!ii! thz ~rzpcszd fir.a:.,cir.: cf the s~zr=tic?. ir 

adequate for the nature of the proposed 

operation and from a suitable source. 

Any lender or other source of money or 

credit which the Gaming Comnission finds 

does not meet the standards set forth in 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 

Section 14 (A) (1) may be deemed I unsuitable. ' 

b, The Gaming Commission may in its discretion 

grant a license to a corporation which has 

complied with the provisions of this 

Ordinance. 

c. he Gaming Commission may in its discretion I grant a license to a limited partnership whcih I has complied with the provision of this 

Ordillance . dl No person or limited partnership, except one I whose sole limited partner is a publicly 

traded corporation which has registered with 

the Gaming Commission, or business trust 

organization or other association of a quasi I corporate character, is eligible to receive , or hold any license, or be a licensee or 

operator under this Ordinallce unless all 1 persons having any direct or indirect 

interests therein of any nature whatsoever, 

whether financial, administrative, policy I making or supervisory, are individually 1 qualified to be licensed under the provisions 

of this Ordinance. 

8. The Gaming Commission may limit the number of 

I persons who may be financially interested in 

association licensed under this ordinance, and I consistent with 25 U.C,S §. 2700 gt s-. and 

establish such other qualifications for 

I licenses as they may, in their discretion, 

deem to be in the public interest and I consistent with the declared policy of the 

Tribe. 

6. Income to the Tribe from the gaming activity shall 

only be used for the purposes described in Section 

6 of this Ordinance, 

Section 

The Fort McDennitt 

- 

Paiute-Shoshone Indian Tribe may enter into 

a management contract for the operation and management of 

Class I1 gaming activities. Each such contract must comply 
FROM : FT McDERMITT TRIBE PHONE NO. : 782 532 8913 Sep. 23 1994 11:58AM P26 

with the provisions of this Ordinance, other app1icabl.e 

provisions of tribal law (including, but not limited to, 

tribal employment preference laws), and provisions of federal 

law (incJudi,ng, but not limited to, 25 U.S.C. $3. 2711). 

A. The Tribe and licensed Class I1 owner and operators may 

conduct bingo, Class IT card games or a combination of 

bingo and Class 11 card games. 

B. A bingo facility at each bingo occasion shall conduct 

regular bingo games and may additionally conduct special 

bingo games, and such other Class I1 games permitted by 

the Gaming Commission as its operators or managers 

choose r 

C. A schedule of the Class I1 games to be conducted must be 

conspicuously posted at each entrance to the bingo 

facility each week in which games will be conducted at 

lease 24 hours prior to the start of the first: game 

scheduled. The schedule must include a statement of the 

prizesioif~red for each game. 

A. Each faaility shall provide the game cards to be used for 

each bingo game oonduated and each card shall be marked 

to indioate the issuing faaility. 8. 

a. speaial bingo cards must be issued separately from 

regula,r bingo cards, and must be speaially marked to 

indicate the particular special bingo game, including 

date, and the facility of issuance. A epeoial bingo 

cerd shall be valid only for the designated game. 

Section 

The number 

- 

of people permitted to play any Class I1 game shall 

be determined by the owner, operator or manager as is 

appropriate, :except that: 

A, The number of people permitted in the facility or in any 

room in the facility shall not exaeed the limitation of 

the number permissible under the agglioable fire, 

building or other safety aodes or standards. 

8. The number of people permitted to play any bingo game 

shall not exaeed the number of chairs available in the 
FROM : FT McDERMITT TRIBE PHONE NO. : 782 532 8913 Sep. 23 1994 ll:59QM P27 

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

No person may enter any room in whioh a bingo game is being 

played unless the person is a player, exoept faaility 

employees and gersono present by authority of the Gaming 

Commiseion, for purposes of inspection or regulatory duties, 

A. Class I1 gaming may be conducted 24 hours a day, seven 

days a week, subject to approval by the gaming 

~ommiebion. 

B. Prior to operation of Class I1 gaming or any change in 

hours of operation, the operator shall: I 

1. ~otify the Gaming Commission of the proposed hours 

and days its faoility will be open, and the hours 

and days gaming will be conducted. 

2. The Proposed sohedule ehall be approved unless the 

Gaming Commission notifies the owner or operator of 

4 4- rrkdrr-4-4 rrn m.94 4-k;m 15 rez=i;3C_ zf C_kc * -- W*,'. -*-... .r- -*.-.. 

proposed schedule. 

3. If the Gaming Commission makes objeation, it shall 

state its reason and the changes necessary, and the 

proposer may submit a revised proposal 

accommodating the Gaming ~ommission~e objections, 

or may request an opportunity to rebut the 

objeotions. 

a:. Submission of revised schedule, Incorporating 

I and accommodating the objections, shall be I - deemed appru~od ugm. i-+& subnthion . I 

, If an opportunity to rebut is requested, a 

I conference shall be set within fifteen (15) 

days. The Gaming Commission shall issue its 

decision, which hall be final and not subject 

to further appeal, within fifteen (15) days of 

the conferenoe. I 

IV. 

1 

i%a&m2L 

All Class 111 gaming conducted on Fort McDermitt PaiuteShoshone Indian land8 shall be conducted in oompliance with 
FROM : FT McDERMITT TRIBE PHONE NO. : 782 532 8913 Sep. 23 1994 12:00PM P28 

the applicable Compact, applicable State law, Federal law, 

Tribal law, and applicable rules and regulationsr of any 

governmental authority with jurisdiction. 

A. The Tribe may own and operate one or more Class 111 

gaming facilitiee on Fort McDermritt Paiute-Shoshone 

Indian lands. 

8. Parson or entities other than the Tribe may own and 

operate Class 111 gaming on Fort McDermitt PaiuteShoshone Indian lends only if, and to the extent, 

authorized by contractual or other duly executed 

authorieation of the Tribal Council, 

C. 1. No Class I11 gaming shall be conduoted unless all 

required licenses shall have first been applied for 

and obtained, pursuant to the Compaat, this 

Ordinance and applicable Federal, State and Tribal 

lawe, rules and regulations. 

2. ~othin~ in this paragraph shall be deemed to require 

the Tribe to apply for or obtain en owner and/or 

operatorts license to conduct Class 111 gaming. 

D, For each Class I11 gaming facility, the owner shall 

~ubmit its proposed operational plan to the Tribal Gaming 

Commission, which shall receive required approval if: 

1, the proposed facility is in compliance with safety 

requirements of this Ordinanoe: and I 

2. the Class I11 gaming proposed is aonsistent with the 

Con\pact; and I 

3. the Class I11 gaming proposed operation proposal; 

complies with all applicable Tribal, Federal and 

State laws, including this Ordinance, 

A. Class I11 gaming shall be regulated afj provided by the 

applicable Compact. The Tribal Gaming Commission shall 

adopt, all neaeesary and appropriate rules and 

regulations for Class 111 gaming in accordance with 

the epplioable Comgaat whiah may include but not be 

limited to: 

1. Game rules and conduct; 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 I2:OOPM P29 

2. public dieplay of rules requirements; 

3. ~&cility patron safety and security requirements; 

4. ~dnnitted Games Specifications and Requirements ; and 

5. Background investigations, application and release 

forms . B. Class ~II faoilities shall be open at all usual business 

hours for inspeotion by the Tribal Gaming Commission, and 

the stated agenay designated by the state in which the 

facility is located pursuant to the Compaat. 

A. Class 111 gdming may be conducted 24 hours a day, seven 

days a:week, subject to approval by the Tribal or State 

Gaming Commission, as is applicable. 

I 

8. The owner shall submit, and the gaming Commission may 

approve, proposed hours of operation unless the proposed 

hours pose a risk to the health, welfare or safety of the 

pub1 io :, 

I 

A. Any Class I11 game or games permitted pursuant to the 

Compact may be conducted at a Class 111 gaming Faoility, 

subject to applicable laws, rules, and regulations, 

8. Any CZass 111 game which is fir~t legalized within the 

state* of Oregon and/or Nevada after the date of the 

Compact then in effect, or which heretofore becornea 

permitted on Indian lands under federal law, pureuant 

to the Compact or amendments thereto, may be conducted 

at a Claara 111 gaming facility subject to applicable 

laws, !rules or regulations, 

The Tribal !council may authorize and enter into a management 

contraot on behalf of the Tribe for the operation and 

management :of Class 111 gaming aativitfes. Each such contract 

muet comply with the provisions of this Ordinance, the 

Compact, applicable tribal law (including, but not limited to, 

tribal employment preference laws), and agplioable fedleral law 

(including, but not limited to, 25 U.S.C. 9. 2711). 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 12:BlPM P30 

A. Each g$ming faoility shall maintain aacurate and up-todate records for each gaming activity conducted. 

Records shall include records oft 

1. a21, financial transactions; 

2. a41 gaming maahine testing, malfunctions, 

maintenance and repairs1 I 

3. personnel ; 

I 

4. complaints of patrons; 

5. faoility in-house investigations of any kind; 

6. incident and accidents; 

7. actions by facility against playore or facility 

visitors: 

8. abtions by facility against or in reprimand of 

eiployees; and 

9. any additional records required by the Tribal or 

State Gaming Commiesion as is applioable. 

The Tribal ~aming Commission shall require, and the Tribal 

Counoil shall cause, an audit to be conducted eaoh year on all 

Class I1 and Class I11 gaming activities licensed or aonducted 

on Indian Lands. Suah audit(s) shall be conducted by an 

independent auditing firm, selected at the sole discretion of 

the Tribal Council, or the Tribal Gaming Commission on its 

behalf. However, nothing in this paragraph shall prohibit the 

annual audit of tribal gaming activities from being 

encompassed within the Tribe's existing audit system. 

2. An independent audit of a Class 111 Gaming activity 

subject to state regulation pursuant to compaat, 

performed as a requirement thereaf, may be accepted 

by the Tribal Gaming Commission and adopted as the 

independent audit required by this seation. 
FROM : FT McDERMITT TRIBE PHONE NO. : 782 532 8913 

Each oontraats for sugpliee, services, or concession with a 

contraat amount in exaess or $25,000 annually (except 

contracts for professional legal or amounting servioes) 

relating to a Class 11 or Class I11 gaming activity shall be 

subjeot to the independent audit required by subparagraph 

(A), above. , 

The Tribal Gaming Commiefaion shall furnish a copy of each 

annual gaming activities audit report to the National Nan 

Gaming Commission, as required by 25 U.S.C 5. 2710(b) (2) 

(C) 

I VI. Violations 

! 

A. It shail. be unlawful for any person to: 

1. Operate or participate in gaming on 1ndian lends in 

violation of the Provisions of this Ordinance or in 

violation of rules and/or regulations promulgated 

pursuant to this Ordinance; 

2. Knowingly make a false statement in an application 

for employment with a gaming activity or 

enterprise, OF in an application for a tribal 

gaming liaense to operate a gaming activity or 

enterprise on Port McDermitt Paiute-Shoshone Indian 

lands; or 

3. Bribe br attempt to bribe, or unduly influenoe or 

aqtempt unduly influence, any tribal authority who 

lic'enses, operates, conducts, sseiets, or is 

otherwise employed in a gaming activity or 

enterprise located in Fort McDermitt PaiuteShoshone Indian lands. 

8. Any Indian who violatoo a provision of this Ordinance or 

of other tribal law relating to gaming activities may be 

fined not more than $1,000.00 and/or imprisoned for up to 

one year for each violation arises or continues. 

C. Any property used in the commission of a violation of a 

provision of thie Ordinance may be seized by the Tribal 

Gaming; commission or their agents. The owner of the 

property shall be afforded an opportunity to object and 

be heard in acaordance with principles of due process. 

If no objection is raised, or the objection is not 
FROM : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 12:02PM P32 

sustaiHed, the Tribe may dispose of the seized property. 

D. Any non?Indian who violates a provision of this Ordinance 

may be excluded from the Indian lands within the 

jurisdfction of the Fort McDermitt Paiute-Shoshone 

Indian Tribe. 

A. Any PerBon or entity who violates any term or condition 

of any tribal gaming license issued pursuant to this 

Ordinance or any provision of a management oontract 

executed pursuant to Sections 19 and/or 30, or Section 33 

above, may be assessed a civil penalty by the Tribe 

and/or the Tribal Gaming Commission. Such penalty may be 

assessed only after the person or entity has been given 

notice and an opportunity to be heard before the Tribe 

~aming ~omm'ission. Each violation shall be treated 

separately and may be assessed as a separate violation. 

B. The penalty assessed pursuant to subparagraph A, above, 

shall hot exceed $50,000. per violation, or twice the 

amount of any grand prize awarded in a gaming activity 

whiah fs directly associated with the violation, 

whicheyer is greater. 

C. Civil penalties provided for in this Section may be 

imposed in addition to the criminal penalties provided 

for in Section 33 above. 

If any person or entity fails or refuses to pay a monetary 

penalty or administrative fine imposed by the Tribal Gaming 

Commicsion, or otherwise fails to aomply with final action of 

the Tribal Gaming Commission, and such person has failed to 

timely commenae an appeal of the imposition or aation in the 

Fort McDermitt Paiute-Shoshone Tribal Court or the Fort 

~a~ermitt Paiute-Shoshone Tribal Court has upheld the 

imposition or action, the Tribe may proceed to collect the 

assessment or enfprce the action by initiating a civil action 

against the person or entity in the Tribal Court or in any 

other court of competent jurisdiction. In a civil action, the 

validity and amount of any monetary penalty or administrative 

fine imposed bv the Tribal Gaminq commission shall not be 

subject to judicial review. The Tribe shall be entitled to 

all remedies in law or in equity that are available to uivil 

litigants generally. The provisions of thts Seation 35 shall 

in no way limit the remedies at law or in equity otherwise 

available to the ~ribe. 
FROM : FT McDERllITT TRIBE PHONE NO. : 702 532 8913 Sep. 23 1994 12:03PM P33 

If any provision or provisions in this Ordinance are held 

invalid by a court of competent jurisdiction, this 

~rdinariae shall oontinue in effeot as if the invalid 

provieion(e) were not a part hereof. 

i 

A. his Ordinance shall take effeat upon adoption by the 

~ribal Council and approval by the Chairman of the 

National Indian Gaming Commission. 

B. All prior ordinances regulating gaming on the Fort 

McDermitt Indian Reservation are repealed upon 

effectuation of this ordinance. 

The f~recjoin'~ Ordinance was passed on -, 

duly adopted by the vote of FIVE (5) for, and .ZERO (0) against, 

by the Fort MoDermitt Paiute-Shoshone Tribal Council pursuant to 

authority vested $n it by the Constitution and By-Laws of the Fort 

McDemnitt Paiute-Shoshone Tribe of Oregon and Nevada as indiasted 

in the body. 
FROM : FT McDERMITT TRIBE 

PHONE NO. : 782 532 8913 Dec. 19 1994 09:IiQM p2 

P't. MaDermitt. Paf ute-Dhoshons Pndian Tribe 

Gaming Ordinance 

The purpose ok this ac¶dendum is to addrese specific iauuan 

identified by the Indian Gaming Regulatory Comiseian during 

a teloph~ne acsnvelrsatior~ with Wilson Crutch@,:, Tribal 

Chairman, onlDonember 15, 1994. This addondum shall. bcs 

incarporatedinto the Fort Mc~errnitt Paiute-Shoallone Tribe's 

Gaming ~rdiilirrae as adopted by Tribal caunoil reso2ution on 

Septcmhsr 29, 1994, end is on ucldition to .the provimions 

contained within the original. ardinanca. 

~sction 38. ~ehi~nation ofTribal Agofit. I 

The duly slocted tPribal Chairman hall serve as the Tribai 

Agent in all comunications regarding g&mj.ng on the Ft. 

NaDermitC Xndian Reearvettion, and for any uommunicati0116 

regarding gr~,ming operations eithar considawed or conducted 

by thcl Ft, McDormitt Paiute-Shoahona Tribe. The ~ribal 

Agent shall have full authority t.o make decision8 and enter 

into ayraementu regarding Tribal gaming activities ufd 

authorized l$y the Tribal Council. T11e Tribal Agent shall 

have full and ulOimata responsibility for enourinq th8t all 

suah agrsemknts and activities are conducked within the 

intent and authority of the Tribal ~ounail, and in 

compliance with this ordinanae and all other applicable 

pollaisa all4 reryulationu as rstipulated by the Nest.ional 

Zndian Gaming Conimiesion and required by the Xndian Gaming 

Ragulatory Act, 

3ection 39. Procedures for resolving dtoputee bstween germi~~g public and Tribe. 

All disputea betwee11 the yarning pub1.i~ and the Tribe will be 

r8solvad in accordance with the adminiatrntivo protocol 

described in Part 11, Soction 10, paragraph E. of this 

ordintrnce I/iith the following stipulationo: 

! 
FR~M : FT McDERMITT TRIBE PHONE NO. : 702 532 8913 Dec. 19 1994 09:llAM P3 

Fk. ~c~arrnitt Camirig Ordin~nsa, Addendum of Decenbbtrr 18, 1994 

a, Monetary disputow irrvelving $100 (one hundred 

dollore) or louu eha3.1 be resolved by the 'Manager' ar 

htw/her dselgnae an-site. Such roaolution muat be 

fully documented and a derfscription of the di.nputo and 

rssnlution prooented to the Caming Cornmineion within 

three working days for review, If the affected membar 

of thb gaming public is not oat4intied with the becia.ton 

by the Mana er, such inUivid\ral, may appeal to tho 

Oam5ng Comm ? ooion within f iftesn (3.5) days of the 

ilrcidunt.' Thcr Ctnming Camiesion will haw Pifteen (15) 

day6 from racaigl of tha complaint to make a ruling. Zf the mimber of the gming public is stil.1 not 

aatisfiad, appeal may be mad@ to tha Tribal court 

within fifteen (15) days of the Gaming Commissior~~s 

ruling, The Tribal Court ehnll have thirty (30) days 

from r~ceipt of the oomylerint to make a ruling. RulLng 

by Tribal Court La final. 

b. ~onotury dieputag involving more than $1~0 (ono 

hundred doLL&xs) mtr.et; be resolved by the Gaming 

Cammieaian, with the Tribal Court aa the final point; of 

PI~~QQ~, ire;ing the flnlrrs timulineo aG deticxibed in 

paragraph *at sbavo. I 

a. Non-monetary disput@o such as those involviny level 

and quality of servjna, haure of operation, end 

regulaCCan of gaming not$.vitie~ as dsocribed in this 

brdinancja or contained within tlbe operatiorre manual of 

any gaming efitnbliehrnant wit.hin the Yart Mc~ermitt 

Indian Rels~rvatiolr shall be rmwnlv~d by the 'Mek:rayerr 

or hiojher designee. Such resolution shall include 

Pull nnnmfdrrntion of the needo sxprassad by the member 

of the gaming public voicing the complaint. If such 

re~olution is not possible within the authority of the 

'Nnnnger' or hCe/har deaignma, the mamber of the yaning 

public may file a uomplaitrt with tlre Gtlming tanunission 

and appaal to the TriZml Court under the eame 

guidoli~ree RE dsrcrihecl in paragragha 'a-bt above, 

8. 1f the #Managert or hPs/h@r dwignae determinee 

that the, behavior of a member of the gaming publio is 

not. aoaaptahla, or if euoh individual is dettarmilrsd tu 

ba on pgemiaas withfiut proper authority (under age, 

laak of proper idantifiaation, intoxicated, etc.), than 

that mo~nber may be ranoved from the gaming mettablifahmont. Although the Manager is required tu 

document eruch an 'evl.cticrn,~ no recourse to appeal. will 

be offer;ati ta the mombnr of the gaming public, 

to file m written aomplaint with the ~aminy Conmiss an 

far Its considoration. 

exce!i' 

Page 35 
FR~M : FT McDERMITT TRIBE . PHONE NO. : 702 532 8913 Dec. 19 1994 89:lZRM P4 

Ft. ~a~ormitt Gaming Ordinanoca, Addendum of Decen\lsar 10, 1094 I 

sactlan 40. Employee/agonL background check prooedurtm. 

~11 psraone, agents, amplo ae6, and licensees must oumply 

with all applicable pravfs 1 on6 of this ordinanus as 

dasaribad in Pact 11, seckion 14 --Licaneo a Qunl if icat ion^ 

and Bequirementarj and section 1.5--Lj,cense: Suspension an 

RevocaCj.an. In etddi.t.5.011, all tmploycsee, agente, and 

liaonl~oeo muat fully cramp1 y with the fallowing etipulatione: 

a. Complete and adequace proof of identity. 

TbLa requirement will be met under the following 

conditions: copy of current driver's license or 

state iemued photo identifi.catianl a obpy of a 

birth certificate, military disuharqe papors, or 

Rauial Security card; and the listing of three 

peroonal r~ferencee including telephone numbem. 

It ifa the rssponsibility of the gManagert or 

'Tribal Agentt (In the aaoa of o licensoe 

application) to verify the apgliaantta identity. 

b, The Bureau of Indian ~ffnira, Law Enforoement 

l)ivi~ion,. as assignad to the Part MaDnrmitt lndian 

Reeervation, will be re~goneible for collacting 

finqer prints from all aganta, amployeeo, and 

licenaa~e &a directed in Part I1 of thie ordinance 

(as referenced abovo). such finger prints, with 

all other pertinent idantifying information (as 

described in paragraph 'at above) will be 

submitted to the Federal Bureau af fnvclstigation 

for a uri~ninal history baukgroul~d chrolck ae 

~ttipulated in CPR 25, part 512 2 (h) . Such 

sub~iesian will be in addition to appropriate 

background check oonducted by tho BIA law 

enfvr.r;ua~wrrL clivisiu~~, TL lLdl ar.lminis%rati@n, and 

looal law ttnforcement authoritiee,