By U.S. Mail and Facsimile 

Chairperson Maryann McGovran 

North Fork Rancheria of Mono Indians 

of California 

P.O. Box 929 

North Fork, CA 93643-.0929 

January 13, 2017 

Re: North Fork Rancheria Gaming Ordinance; Resolution No. 16-75 

Dear Chairperson McGovran: 

This letter responds to a request from the North Fork Rancheria of Mono Indians of 

California for approval by the National Indian Gaming Conunission of the Tribe's first gaming 

ordinance. The NIGC received the request on October 24, 2016, along with Resolution 16-75, 

which was approved by the Tribal Council on October 18, 2016, and authorized adoption of the 

Ordinance by the Tribe. 

The Tribe's Ordinance is approved, as it is consistent with the requirements of the Indian 

Gaming Regulatory Act and the NTGC's regulations. If you have any questions or require 

assistance, please contact Katherine Zebell, Staff Attorney, at (202) 632-7003. 

Sincerely, 

onodev 0

v . Chat ahuri 

Chairman 

cc: John A. Maier, Esq. 

Attorney for the Tribe 

NEW MAILING ADDRESS: NIGC/OEl'ARTMENT OF THE INTERIOR 1 949 C Street NW, Mi:iil Stop ti 1621 Woshington, DC 20240 Tel, 202.632.7003 Fax: 202.¢32.7066 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; TulsC1, 01<; Oklahom<t City, OK 

WWW.NIGC.GOV 
RESOLUTION ADOPTING THE TRIBE' S GAMING ORDINANCE AND AUTHORIZING 

THE TRIBE'S LEGAL COUNSEL TO SUBMIT THE DULY ENACTED GAMING 

ORDINANCE AND SUPPLEMENTAL SUBMISSIONS TO THE CHAIRMAN OF THE NIGC 

FOR APPROVAL 

TRIBAL COUNCIL RESOLUTION NO.: 16-75 

DATE APPROVED: October 18, 2016 

WHEREAS: The North Fork Rancheria of Mono Indians (the "Tribe") is a federally recognized 

Indian tribe organized pursuant to the Constitution of the North Fork Rancheria, 

adopted on May 18, 1996 (the "Constitution"); and 

WHEREAS: Article III, Section 2 of the Constitution provides that the governing body of the 

Tribe is the Tribal Council; and 

WHEREAS: Article VI, Section 1 of the Constitution provides that the Tribal Council has the 

power to develop, adopt, and enforce resolutions and statutes; and 

WHEREAS: On February 5, 2013, the Secretary of the Department of the Interior (the 

"Secretary") accepted title to approximately 305 acres of unincorporated land in 

Madera County in trust for the Tribe; and 

WHEREAS: The Secretary has determined that the Tribe's newly acquired trust lands are 

Indian lands that are eligible for gaming pursuant to Section 20(b)(l)(A) of the 

Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. § 2719(b)(l)(a); and 

WHEREAS: The Tribe intends to engage in class II and class III gaming activity on its Indian 

lands pursuant to IGRA; and 

WHEREAS: IGRA requires that class III gaming activity be conducted pursuant to a TribalState compact or, alternatively, in lieu of a Tribal-State compact, class III gaming 

procedures prescribed by the Secretary of the Interior ("Secretarial procedures"), 

and, in addition, that class II and class III gaming be conducted pursuant to a 

gaming ordinance (or resolution) adopted by the Tribe and approved by the 

Chairman of the National Indian Gaming Commission ("NIGC"); and 
WHEREAS: On July 29, 2016, the Acting Assistant Secretary-Indian Affairs issued 

Secretarial procedures pursuant to 25 U.S.C. § 2710(d)(7) oflGRA; and 

WHEREAS: The Tribal Council has withdrawn from consideration two previous versions of 

the gaming ordinance submitted to the NIGC Chairman pursuant to Resolution 

No. 14-31 dated July 7, 2014, and Resolution No. 16-31 dated May 2, 2016; and 

WHEREAS: The Tribal Council has reviewed and determined the need to adopt the updated 

gaming ordinance dated October 2016 (the "Gaming Ordinance") and to submit 

the Gaming Ordinance and any required supplemental submissions to the NIGC 

Chairman for approval pursuant to IGRA. 

NOW, THEREFORE BE IT RESOLVED THAT the Tribal Council hereby adopts the 

Gaming Ordinance subject to the approval of the Chairman of the NIGC. 

BE IT FURTHER RESOLVED THAT the Tribal Council hereby authorizes the 

Tribe's legal counsel, Maier Pfeffer Kim Geary & Cohen LLP, to submit the Gaming Ordinance 

and supplemental submissions to the Chairman of the NIGC for approval. 

BE IT FINALLY RESOLVED THAT Resolution 14-31 dated July 7, 2014, and 

Resolution 16-31 dated May 2, 2016, are hereby rescinded and superseded by this Resolution. 

CERTIFICATION 

As Tribal Secretary of North Fork Rancheria of Mono Indians, I certify that at a meeting 

of the Tribal Council, called and convened on the 18th day of October, 2016, at which a legal 

quorum was present, this resolution was duly approved by a vote of 4 For 0 Against, and 1 

Abstaining, and said resolution has not been rescinded or amended in any way. 

Date I I 

Attested to by: 

Govran, Tribal Chairperson Date I I 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 1

GAMING ORDINANCE

OF THE

NORTH FORK RANCHERIA OF MONO INDIANS

NIGC Approval Date: ____________, 2016

ARTICLE I

PURPOSE

The North Fork Rancheria of Mono Indians (“Tribe”), acting through its Tribal Council, 

pursuant to the Tribe’s inherent authority and the Constitution of the North Fork Rancheria, 

adopted May 18, 1996, hereby enacts this Ordinance in order to govern and regulate the 

operation of class II and class III gaming operations on the Tribe’s Indian lands.

ARTICLE II

DEFINITIONS

The following terms shall have the same meaning and effect as those same terms are 

defined in IGRA and the NIGC’s regulations, 25 C.F.R. §§ 500 et seq., if they are defined in 

IGRA and the NIGC’s regulations:

Class I gaming means those gaming activities as defined as class I gaming in IGRA at 25 

U.S.C. § 2703(6) and the NIGC’s regulations at 25 C.F.R. § 502.2.

Class II gaming means those gaming activities as defined as class II gaming in IGRA at 

25 U.S.C. § 2703(7) and the NIGC’s regulations at 25 C.F.R. § 502.3.

Class III gaming means those gaming activities as defined as class III gaming in IGRA at 

25 U.S.C. § 2703(8) and the NIGC’s regulations at 25 C.F.R. § 502.4.

Facility license means a separate license issued by the Tribe to each place, facility or 

location on Indian lands where the Tribe elects to allow class II or III gaming.

FBI means the Federal Bureau of Investigation, an agency of the United States 

Department of Justice. 

Financial Source means any person or entity who, directly or indirectly, extends 

financing to the gaming facility or gaming operation or as otherwise defined under Secretarial 

Procedures (or, alternatively, a Tribal-State compact).

Gaming Commission means the North Fork Rancheria Gaming Commission as 

established herein to perform regulatory oversight and to monitor compliance with tribal, federal, 

and applicable state regulations.
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 2

Gaming resources means any goods or services provided or used in connection with 

gaming activities, whether exclusively or otherwise, including, but not limited to, equipment, 

furniture, class III slot machines, and ancillary equipment, implements of class III gaming 

activities such as playing cards, furniture designed primarily for class III gaming activities, 

maintenance or security equipment and services, and class III gaming consulting services, or as 

otherwise defined under Secretarial Procedures (or, alternatively, a Tribal-State compact). 

“Gaming resources” does not include professional accounting and legal services.

Gaming operation means each economic entity that is licensed by the Tribe, operates the 

games, receives the revenues, issues the prizes, and pays the expenses. A gaming operation may 

be operated by the Tribe directly or by a management contractor.

Indian lands means:

(a) Land within the limits of an Indian reservation; or

(b) Land over which an Indian tribe exercises governmental power and that is either:

(1) Held in trust by the United States for the benefit of any Indian tribe or 

Individual; or

(2) Held by an Indian tribe or individual subject to restriction by the United States 

against alienation.

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

all regulations promulgated pursuant thereto.

Key employee means:

(a) A person who performs one or more of the following functions: bingo caller, 

counting room supervisor, chief of security, custodian of gaming supplies or cash, 

floor manager, pit boss, dealer, croupier, approver of credit and 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 fifty-thousand dollars ($50,000.00) per year;

(c) If not otherwise included, the four (4) most highly compensated persons in the 

Gaming Operations; or

(d) Any other person designated by the Gaming Commission as a key employee.

Licensee means a tribally owned class II or class III gaming operation or a person 

licensed by the Gaming Commission as a primary management official or key employee or other
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 3

gaming employee under the provisions of this Ordinance.

Management contract means any contract, subcontract or collateral agreement between 

and Indian tribe and a contractor or between a contractor and a subcontractor if such contract or 

agreement provides for the management of all or part of a gaming operation.

Net revenues means gross gaming revenues of an Indian gaming operation less:

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

(b) Total gaming-related operating expenses, including all those expenses of the 

gaming operation commonly known as operating expenses and non-operating 

expenses consistent with professional accounting pronouncements, excluding 

management fees.

NIGC means the National Indian Gaming Commission established pursuant to IGRA, 25 

U.S.C. § 2704.

Primary management official means:

(a) The person(s) 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 

(3) The chief financial officer or other person who has financial management 

responsibility. 

(c) Any other person designated by the Tribe as a primary management official.

Secretarial Procedures means the procedures prescribed by the Secretary of the Interior 

on July 29, 2016, pursuant to 25 U.S.C. § 2710(d)(7), as may be amended, under which the Tribe 

may conduct class III gaming on its Indian lands in lieu of a Tribal-State compact.

State means the State of California.

State Gaming Agency means the entity or entities authorized to investigate, approve, 

regulate and license gaming pursuant to State law under Secretarial Procedures (or, alternatively,

a Tribal-State compact).

Tribal Citizen means any individual who is duly enrolled as a member in the Tribe in 

accordance with the Tribe’s Constitution and any enrollment ordinance that may be enacted by 

the Tribe as amended from time to time.

Tribal Council means the governing body of the Tribe under the Tribe’s Constitution.
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 4

Tribal-State compact means an agreement that may be entered into between the Tribe 

and the State pursuant to 25 U.S.C. § 2710(d)(3) in lieu of Secretarial Procedures to govern the 

conduct of class III gaming activities on the Indian lands of the Tribe.

Tribe means the North Fork Rancheria of Mono Indians, a federally recognized Indian 

tribe listed in the Federal Register as the Northfork Rancheria of Mono Indians of California.

ARTICLE III

GENERAL PROVISIONS

Section 1. Gaming Authorized

Class II gaming and class III gaming are hereby authorized to be conducted on the 

Tribe’s Indian lands, if such gaming is conducted in accordance with this Ordinance, IGRA, the 

NIGC’s regulations, and any other applicable laws or regulations. Any class III gaming 

activities conducted under this Ordinance are limited to those gaming activities authorized under 

Secretarial Procedures (or, alternatively, a Tribal-State compact).

Section 2. Ownership of Gaming

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

any gaming operation authorized by this Ordinance.

Section 3. Use of Net Gaming Revenues 

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

(a) To fund Tribal government operations and programs;

(b) To provide for the general welfare of the Tribe and its Tribal Citizens;

(c) To promote Tribal economic development; 

(d) To donate to charitable organizations; or 

(e) To help fund local government agencies.

Section 4. Per Capita Payments

Net revenues from any class II and/or class III gaming activities conducted or licensed by 

the Tribe may be used to make per capita payments to Tribal Citizens if--

(a) The Tribe has prepared a plan to allocate revenues to one or more of the five uses 

authorized by section 3 of this article;
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 5

(b) The plan is approved by the Secretary of the Interior as adequate, particularly with 

respect to the uses regarding funding for tribal governmental operations or 

programs and for promoting tribal economic development; 

(c) The interests of minors and other legally incompetent persons who are entitled to 

receive any of the per capita payments are protected and preserved, and the per 

capita payments are disbursed to the parents or legal guardian of such minors or 

legal incompetents in such amounts as may be necessary for the health, education, 

or welfare of the minor or other legally incompetent person; and

(d) The per capita payments are subject to federal taxation and the Tribe notifies its 

Tribal Citizens of such tax liability when payments are made.

ARTICLE IV

GAMING COMMISSION

Section 1. Establishment of the Gaming Commission

The Tribe hereby establishes the North Fork Rancheria Gaming Commission as a nonpolitical and independent unit of Tribal government. Decisions of the Gaming Commission shall 

be made by majority vote. By separate ordinance, statute, or resolution, the Tribal Council shall 

establish the number of members for the Gaming Commission, their terms, staffing, quorum 

requirements, compensation, and related organizational matters for the Gaming Commission.

Section 2. Role of Gaming Commission

The Gaming Commission shall have jurisdiction over the regulation of Tribe’s gaming 

operations and related facilities and enterprises. The Gaming Commission shall conduct 

oversight to ensure compliance with Tribal, federal and, if applicable, state laws and regulations. 

It will serve as the licensing authority for individuals employed in the gaming operation and will 

administer background investigations as part of the licensing process. The Gaming Commission

will also have a role in monitoring compliance with the gaming operation’s internal controls and 

in tracking gaming revenues. In order to carry out its regulatory duties, the Gaming Commission

shall have unrestricted access to all areas of the gaming operation and to all of its records. The 

Gaming Commission shall have authority to take enforcement actions, including suspension or 

revocation of an individual gaming license, when appropriate. 

Section 3. Background Checks on Gaming Commission

The Tribe, through its human resources department, shall conduct a background 

investigation on each prospective member of the Gaming Commission. Each prospective 

member of the Gaming Commission shall satisfy the eligibility standards set forth for primary 

management official and key employees found in article VI of this Ordinance.
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 6

Section 4. Powers and Responsibilities of Gaming Commission

The Gaming Commission shall:

(a) Conduct background investigations, or cause such investigations to be conducted,

for, at a minimum, primary management officials and key employees;

(b) Review and approve all investigative work conducted in connection with the 

background investigations of primary management officials and key employees;

(c) Create and maintain investigative reports based on the background investigations 

of primary management officials and key employees;

(d) Obtain and process fingerprints;

(e) Make licensing eligibility determinations;

(f) Submit a notice of results to the NIGC of the background investigations done for 

each primary management official and key employee applicant;

(g) Issue gaming licenses to primary management officials and key employees of the 

gaming operation if warranted by the eligibility determination;

(h) Establish standards for licensing Tribal gaming facilities; 

(i) Issue gaming licenses to Tribal gaming facilities;

(j) Inspect, examine and monitor all of the Tribe’s gaming activities, and have 

immediate access to review, inspect, examine, photocopy and audit all records of 

the gaming establishment;

(k) Ensure compliance with all Tribal, state, and federal laws, rules and regulations 

regarding Indian gaming;

(l) Investigate any suspicion of wrongdoing associated with any gaming activities;

(m) Hold hearings on patron complaints, in accordance with procedures established in 

this Ordinance and the Tribe’s gaming regulations, or Secretarial Procedures (or, 

alternatively, a Tribal-State compact);

(n) Comply with any and all reporting requirements under IGRA, the NIGC’s 

regulations, or Secretarial Procedures (or, alternatively, a Tribal-State compact), 

and any other applicable law; 

(o) Promulgate and issue regulations necessary to comply with applicable internal 

control standards; 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 7

(p) Promulgate and issue regulations on the levying of fees and/or taxes associated 

with gaming license applications; 

(q) Promulgate and issue regulations on the levying of fines and/or the suspension or 

revocation of gaming licenses for violations of this Ordinance or any Tribal, 

federal or state gaming regulations, if applicable;

(r) Establish a list of persons not allowed to game in the Tribe’s gaming facilities in 

order to maintain the integrity of the gaming operation;

(s) Establish a list of persons who have voluntarily agree to be excluded from the 

Tribal gaming facility, and create regulations for enforcing the exclusions;

(t) Provide referrals and information to the appropriate law enforcement officials 

when such information indicates a violation of Tribal, federal or state statutes, 

ordinances, regulations, codes or resolutions;

(u) Create a list of regulatory authorities that conduct background investigations of, 

and license, vendors who are recognized as trustworthy;

(v) Draft regulations exempting vendors from the licensing and/or background 

investigation requirements if they have received a license from a recognized 

regulatory authority;

(w) Perform such other duties that the Gaming Commission deems appropriate for the 

proper regulation of the Tribal gaming operation; and

(x) Promulgate such regulations and guidelines as deemed appropriate to implement 

the provisions of this Ordinance, so long as they are in furtherance of, and not in 

conflict with, any provisions of this Ordinance.

Section 5. Process for Adopting, Amending and Repealing Regulations 

Before adopting, amending and repealing regulations, the Gaming Commission shall give 

notice of any such proposed action to the Tribal Council, the gaming operation and all other 

persons whom the Gaming Commission has reason to believe have a legitimate interest in the 

proposed action. The notice shall invite comments and describe the general nature of the 

proposed action and the manner in which comments on the proposed action shall be received by 

the Gaming Commission.
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 8

Section 6. Confidentiality

(a) The Gaming Commission shall ensure that all records and information obtained as 

a result of an employee background investigation shall remain confidential and 

shall not be disclosed to any persons who are not directly involved in the licensing 

and employment processes. Information obtained during the course of an 

employee background investigation shall be disclosed to members of 

management, human resource personnel and/or others employed by the Tribal 

gaming operation on a need-to-know basis, for actions taken in their official 

capacities.

(b) The confidentiality requirements in subdivision (a) above do not apply to requests 

for such records or information from any Tribal, federal, or state law enforcement 

or regulatory agency, or for the use of such records or information by the Gaming 

Commission and staff in the performance of their official duties.

Section 7. Code of Ethics and Conflicts of Interests

Members of the Gaming Commission shall be free from corruption, undue influence, 

compromise, and conflicting interests in the conduct of their duties. Prior to accepting a position 

as a member of the Gaming Commission, members shall agree to be bound by the following 

principles: 

(a) Members shall not be employed by, or have any direct or indirect pecuniary 

interest in any entity that is a party to a management contract or other gaming 

related contract with the Tribe.

(b) Members shall not be employed by any gaming operation or related facilities.

(c) Members shall not participate in the approval, denial or renewal of any 

application for a gaming license by, or participate in the revocation or suspension 

of any license granted hereunder to any parent, spouse, sibling, or children of such 

member.

(d) Members shall not engage in any business, transaction or professional activity, 

incur any obligation of any nature, or hold financial interests which conflicts with 

the proper discharge of his or her official duties as regulators.

(e) Members shall not solicit or accept any gift or other item of monetary value, 

including complimentary items or services, from any person or entity seeking 

official action or inaction from, doing business with, or conducting activities 

regulated by the Gaming Commission, or whose interests may be substantially 

affected by the performance or nonperformance of the members’ duties.

(f) Members shall not use their positions for private gain.
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 9

(g) Members shall act impartially, in accordance with applicable laws, and shall not 

give preferential treatment to any private organization or individual, including to 

any persons related to the members.

(h) Members shall not engage in outside employment or activities, including seeking

or negotiating future employment, which conflict with their official duties and 

responsibilities.

(i) Members shall not be employed by, or have any direct or indirect pecuniary 

interest in any entity that is a party to a management contract or other gaming 

related contract with the Tribe.

(j) Members shall disclose any real or apparent financial or personal conflicts. If 

there is a real conflict or the appearance of one, the member shall not take part in 

any decision related to the conflict. 

Section 8. Participation in Gaming Prohibited

(a) No primary management official or employee of the gaming operation shall 

participate as a player in any class II or class III games conducted by the Tribe in 

the department where they are employed. The Gaming Commission shall be 

responsible for (with Tribal Council approval) creating regulations for the 

restrictions on use of class II and class III gaming activities by employees of the 

gaming operation.

(b) No employee of the gaming operation or Gaming Commission who is employed

in the surveillance and compliance areas may participate in any class II or class III 

games.

(c) No blackjack, floor person, pit boss, dealer, shift supervisor, or trainer shall 

participate in the play of blackjack or any other house banked table game.

(d) No primary management official, employee of the gaming operation or member 

of the Gaming Commission may participate in any class II or class III marketing 

or promotional programs offered by the gaming operation.

(e) No member of the Gaming Commission may participate in any of the Tribe’s 

games of chance, whether class II or class III.
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 10

ARTICLE V

FACILITY AND OPERATIONAL REQUIREMENTS

Section 1. Audit

The Tribe shall cause to be conducted independent audits of gaming operations annually 

and shall submit the results of those audits to the NIGC. Annual audits shall conform to 

generally accepted auditing standards and be conducted by a recognized independent accounting 

firm.

(a) All gaming relating contracts that result in the purchase of supplies, services, or 

concessions in excess of $25,000 in any year (except contracts for professional 

legal and accounting services) shall be specifically included within the scope of 

the audit conducted under this section.

(b) Copies of the annual audit of each licensed gaming operation, and each audit for 

supplies, services or concessions of each gaming operation, shall be furnished to 

the NIGC within 120 days after the end of each fiscal year of the gaming 

operation.

Section 2. Environment and Public Health and Safety

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

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

(a) No person under the age of twenty-one (21) shall be present in any area in which 

class II or class III gaming activities are being conducted unless that person is en 

route to a non-gaming area of the facility, or is employed at the gaming facility in 

a capacity other than as a primary management official or key employee.

(b) The possession of firearms by any person in the gaming facility is prohibited at all 

times, except for federal, state, or local law enforcement or security personnel 

authorized by tribal law and federal or state law to possess firearms at the gaming 

facility. 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 11

(c) The Gaming Commission shall identify and enforce laws, resolutions, codes, 

policies, standards, or procedures which are applicable to each gaming place, 

facility or location, to ensure adequate protection of the environment and the 

health and safety of the public.

Section 3. Facility Licenses

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

where class II and/or class III gaming is conducted under this Ordinance.

(a) Issuance of Gaming Facility License. The Gaming Commission is responsible for 

issuing new or renewed facility licenses to each place, facility or location in 

compliance with this section, and any additional requirements specified under the 

NIGC’s regulations at 25 C.F.R. Part 559 or Secretarial Procedures (or, 

alternatively, a Tribal-State compact). Each license shall be reviewed and 

renewed every two (2) years provided that the facility remains in compliance with 

the standards set forth herein.

(b) The Gaming Commission shall require that a facility license application be 

completed by the chief management official of the gaming facility for each 

gaming place, facility or location.

(c) The Gaming Commission shall identify the environmental, health and public 

safety standards with which the place, facility or location must comply, and 

specify the form, conditions and content of a facility license application. The 

application shall include:

(1) A legal description of the lands upon which the facility is located, and a 

certification that the site constitutes “Indian lands,” as defined in IGRA, 

the NIGC’s regulations, NIGC Office of General Counsel and Department 

of the Interior Solicitor Offices’ Indian lands legal opinions, judicial 

decisions and any other applicable law.

(d) The Gaming Commission shall only issue a facility license if the application 

includes the required information and documentation, and sufficiently satisfies 

any additional conditions deemed necessary by the Tribe.

(e) Notice in Advance of Initial Facility License. The Tribe or the Gaming 

Commission shall submit to the Chair of the NIGC notice that the initial facility 

license is under consideration at least 120 days before opening any new place, 

facility, or location on Indian lands where class II and/or class III gaming will 

occur. The Gaming Commission may request an expedited 60-day review of the 

notice. The notice shall contain the following:

(1) The name and address of the property; 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 12

(2) A legal description of the property;

(3) The tract number for the property as assigned by the Bureau of Indian 

Affairs, Land Title and Records Offices, or, if not maintained by the 

Bureau of Indian Affairs, Department of the Interior, a copy of the trust or 

other deed(s) to the property or an explanation as to why such 

documentation does not exist;

(4) If not maintained by the Bureau of Indian Affairs, Department of the 

Interior, documentation of the property’s ownership; and

(5) A certification that the property constitutes “Indian lands,” as set forth 

above in paragraph (c)(1) of this section.

(f) Notice of Issuance. The Gaming Commission shall submit to the Chair of the 

NIGC a copy of each newly issued or renewed facility license within 30 days of 

issuance. The license shall be accompanied by an attestation certifying that by 

issuing the facility license, the Gaming Commission has determined that the 

construction and maintenance of the gaming facility, and the operation of that 

gaming, is conducted in accordance with the laws, resolutions, codes, policies, 

standards or procedures applicable to the gaming facility and in a manner which 

adequately protects the environment and the public health and safety. 

The Gaming Commission shall also submit to the State Gaming Agency a copy of 

each newly issued or renewed facility license for a gaming facility that offers 

class III gaming within 20 days after issuance of the license or renewal in 

accordance with Secretarial Procedures (or, alternatively,a Tribal-State compact)

and post the facility license in a conspicuous and public place in the gaming 

facility at all times.

(g) Renewals. Each subsequent application for the renewal of such facility license 

shall identify any changes or additions to the legal description of the property and 

applicable environmental, health and safety standards, and include current 

certifications of compliance therewith. The Gaming Commission shall only issue 

such licenses if the corresponding applications include the required information 

and certifications and such further conditions as the Gaming Commission shall 

have specified.

Section 4. Service of Process

The Tribe designates the Tribe’s Chairperson as the agent for service of any official 

determination, order, or notice of violation.
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 13

Section 5. Procurement

All purchases of services or supplies shall comply with the tribally adopted procurement 

policies and procedures for the gaming operation and related facilities.

Section 6. Indian Preference

Where applicable, any contract pertaining to the gaming operation must make provisions 

for complying with any Indian hiring preferences adopted by the Tribe. 

Section 7. Tribal Minimum Internal Control Standards 

The Tribe shall adopt and implement minimum internal control standards for the conduct 

of class II gaming activities to the extent such standards are required under federal law and for 

the conduct of class III gaming activities to the extent such standards are required under 

Secretarial Procedures (or, alternatively, a Tribal-State compact).

ARTICLE VI

LICENSING AND BACKGROUND INVESTIGATIONS

Section 1. General Licensing Requirements

The following persons and entities are required to be licensed by the Gaming 

Commission:

(a) All employees, including key employees and primary management officials, 

employed at any class II and/or class III gaming enterprise operated under this 

Ordinance;

(b) Vendors of gaming services or supplies (other than for professional legal and 

accounting services) with a value of $25,000 or more, including, but not limited 

to, vendors identified as gaming resource suppliers under Secretarial Procedures

(or, alternatively, a Tribal-State compact); and

(c) Any financial source that is not otherwise excluded from licensing at the 

discretion of the Gaming Commission pursuant to Secretarial Procedures (or, 

alternatively, a Tribal-State compact).

Section 2. License Application Forms

(a) Privacy Notice. The following notice shall be placed on the license application 

form for a key employee or a primary management official before that form is 

filled out by an applicant:
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 14

In compliance with the Privacy Act of 1974, the following 

information is provided: Solicitation of the information on this 

form is authorized by 25 U.S.C. §§ 2701 et seq. The purpose of the 

requested information is to determine the eligibility of individuals 

to be granted a gaming license. The information will be used by 

the Tribal gaming regulatory authorities and by the National Indian 

Gaming Commission members and staff who have need for the 

information in the performance of their official duties. The 

information may be disclosed by the Tribe or the NIGC to 

appropriate Federal, Tribal, State, local, or foreign law 

enforcement and regulatory agencies when relevant to civil, 

criminal or regulatory investigations or prosecutions or when 

pursuant to a requirement by a tribe or the NIGC in connection 

with the issuance, denial, or revocation of a gaming license, or 

investigations of activities while associated with a tribe or a 

gaming operation. Failure to consent to the disclosures indicated 

in this notice will result in a tribe being unable to license you for a 

primary management official or key employee position.

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

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

processing your application.

(b) Notice Regarding False Statements. The following additional notice shall be 

placed on the application form for a key employee or primary management 

official before it is filled out by an applicant.

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

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

license. Also, you may be punished by fine or imprisonment (U.S. 

Code, title 18, section 1001).

Section 3. License Fees

The Gaming Commission shall establish a fee schedule for licenses to cover its expenses 

in investigating and licensing key employees and primary management officials of the gaming 

operation. Application fees shall be nonrefundable, regardless of whether or not a license is 

issued. Such fees shall be made payable to the Tribe.

Section 4. Fingerprints

The Tribe shall perform a background investigation for each primary management 

officials and key employee of the gaming operation. The Tribe shall request fingerprints from 

each primary management official and key employee. 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 15

Section 5. Background Investigations

(a) Investigations Required. The Tribe shall perform a background investigation for 

each primary management official and key employee in its gaming operation. 

The Gaming Commission is responsible for conducting the background 

investigations of primary management officials and key employees.

(b) Conducting Investigations. The Gaming Commission shall conduct or cause to be 

conducted an investigation sufficient to make an eligibility determination finding 

an applicant eligible for a gaming license under this Ordinance. The Gaming 

Commission shall request from each applicant all of the following information:

(1) Full name, other names used (oral or written), social security number(s), 

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

written);

(2) Currently and for the previous five (5) years: business and employment 

positions held, ownership interests in those businesses, business and 

residence addresses, and driver’s license numbers;

(3) The names and current addresses of at least three (3) personal references, 

including one (1) personal reference who was acquainted with the 

applicant during each period of residence listed under paragraph (b)(2) of 

this section;

(4) Current business and residence telephone numbers, and all cell phone 

numbers;

(5) A description of any existing and previous business relationships with 

Indian tribes, including ownership interests in the businesses;

(6) A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in the

businesses;

(7) The name and address of any licensing or regulatory agency with which 

the person has filed an application for a license or permit related to 

gaming, whether or not such license or permit was granted;

(8) For each felony for which there is an ongoing prosecution or a conviction, 

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

disposition if any;

(9) For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traffic violations), within ten (10) years of the date of the 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 16

application, the name and address of the court involved and the date and 

disposition, if any;

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

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

date of the application and is not otherwise listed pursuant to paragraph 

(b)(8) or (b)(9) of this section, the criminal charge, the name and address 

of the court involved and the date and disposition, if any;

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

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

whether or not such license or permit was granted;

(12) A current photograph;

(13) Fingerprints obtained in accordance with procedures adopted by the Tribe 

pursuant to 25 C.F.R. § 522.2(h); and

(14) Any other information the Tribe deems relevant.

(c) Retention of Information. When a primary management official or key employee 

is employed by the Tribe, a complete application file, containing all of the 

information listed in paragraph (b) of this section, shall be maintained.

(d) Confidentiality. The Gaming Commission and its investigators shall keep 

confidential the identity of each person interviewed in the course of conducting a 

background investigation. 

Section 6. Procedures for Conducting Background Investigations

The Gaming Commission shall employ or engage an investigator to conduct a 

background investigation of each applicant for a primary management official or key employee 

position. The investigation must be sufficient to allow the Gaming Commission to make an 

eligibility determination under section 8 of this article. The investigator shall:

(a) Verify the applicant’s identify through items such as a social security card, 

driver’s license, birth certificate or passport;

(b) Contact each personal and business reference provided in the license application, 

when possible;

(c) Conduct a personal credit check;

(d) Conduct a civil history check for past or outstanding judgments, current liens, past 

or pending lawsuits, and any other information deemed to be relevant;
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 17

(e) Conduct a criminal history records check by submitting the applicant’s 

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

the FBI to perform a criminal history records check utilizing the FBI’s data base;

(f) Based on the results of the criminal history records check, as well as information 

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

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

misdemeanor convictions or ongoing prosecutions within the past 10 years;

(g) Inquire into any previous or existing business relationships with the gaming 

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

entities or tribes;

(h) Verify the applicant’s history and current status with any licensing agency by 

contacting the agency; and

(i) Take other appropriate steps to verify the accuracy of the information, focusing 

on any problem areas noted.

Section 7. Investigative Reports

(a) The Tribe shall create and maintain an investigative report for each background 

investigation of a primary management official or key employee. Investigative 

reports shall include all of the following information:

(1) Steps taken in conducting the background investigation;

(2) Results obtained;

(3) Conclusions reached; and

(4) The basis for those conclusions.

(b) Prior Results. If, in the course of a background investigation, the Gaming 

Commission discovers that applicant has a notice of results on file with the NIGC 

from a prior investigation and the Gaming Commission has access to the earlier 

investigative materials, the Gaming Commission may rely on those materials and 

update the investigation and investigative report to be provided to the NIGC under 

section 8 of this article.

Section 8. Eligibility Determinations

(a) Before a license is issued to a primary management official or key employee, the 

Gaming Commission shall make a finding concerning the eligibility of that person 

for receiving a gaming license by reviewing the applicant’s prior activities, 

criminal record, if any, and reputation, habits and associations. A license may not 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 18

be issued unless the Gaming Commission is satisfied the applicant is a person of 

good character, honesty and integrity. In making findings concerning the 

eligibility of license applicants, the Gaming Commission shall take into 

consideration any of the following circumstances:

(1) If the applicant knowingly and intentionally provided false statements or 

information or omitted relevant information on the application, or 

otherwise misrepresented or failed to disclose a material fact to the 

Gaming Commission;

(2) If the prior activities, criminal record, reputation, habits and associations 

of the person indicate that the person may be a threat to the public interest 

or to the effective regulation and control of gaming; 

(3) If association with or employment of this applicant creates or enhances the 

dangers of unsuitable, unfair, or illegal practices, methods, and activities 

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

arrangements incidental thereto;

(4) If the applicant has violated, failed, or refused to comply with the 

provisions, requirements, conditions, limitations, or duties imposed by any 

provision of this Ordinance or Secretarial Procedures (or, alternatively, a 

Tribal-State compact), or possesses knowledge that such violation has 

occurred upon any premises occupied or operated by any such person or 

over which he or she has/had substantial control;

(5) If the applicant knowingly caused, aided, abetted, or conspired with 

another to cause any person or entity to violate any of the laws of any 

jurisdiction, the provisions of this Ordinance or Secretarial Procedures (or, 

alternatively, a Tribal-State compact);

(6) If the applicant has ever obtained a license by fraud, misrepresentation, 

concealment, or through inadvertence or mistake;

(7) If the applicant has ever been convicted of, or forfeited bond upon a 

charge of, or plead guilty to forgery, larceny, extortion, conspiracy to 

defraud, willful failure to make required payment or reports to any Tribal, 

State, or U.S. Government agency at any level, or filed false reports 

therewith, or of any similar offense(s), or of bribing or otherwise 

unlawfully influencing a public official or employee of a Tribe, a State, or 

the U.S. Government, or of any felony or misdemeanor involving any 

gaming activity, physical harm to individuals or moral turpitude;

(8) If the applicant is subject to current prosecution, pending charges, or a 

conviction under appeal for any of the offenses listed above. Upon 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 19

request of the applicant, the Gaming Commission may defer decision on 

the application pending the results of such prosecution or appeal;

(9) If the applicant has demonstrated a willful disregard for compliance with a 

gaming regulatory authority in any jurisdiction or has ever had a gaming 

license issued by any State, Tribe or foreign gaming regulatory agency 

suspended, revoked or denied; or

(10) If the applicant has failed to provide any information requested by the 

Gaming Commission within fourteen (14) days of the request for the 

information.

(b) If the Gaming Commission, in applying the standards adopted in this Ordinance, 

determines that licensing 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, methods and/or activities in the conduct of gaming, the 

Gaming Commission shall not license that person in a key employee or primary 

management official position. 

(c) Copies of the eligibility determination shall be included with the notice of results 

that must be submitted to the NIGC before the licensing of a primary management 

official or key employee.

Section 9. Notice of Results of Background Investigations

(a) Before issuing a license to a key employee or primary management official, the 

Gaming Commission shall prepare a notice of results of the applicant’s 

background investigation to submit to the NIGC. 

(1) The notice of results must be submitted to the appropriate Regional Office 

of the NIGC no later than 60 days after the applicant begins working for 

the Tribe.

(b) The notice of results shall include the following information:

(1) The applicant’s name, date of birth, and social security number;

(2) The date on which applicant began or will begin work as a key employee

or primary management official;

(3) A summary of the information presented in the investigative report, 

including:

(i) licenses that have been previously denied;

(ii) gaming licenses that have been revoked, even if subsequently 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 20

reinstated;

(iii) every known criminal charge brought against the applicant within 

the last 10 years of the date of the application; and

(iv) every felony of which the applicant has been convicted or any 

ongoing prosecution.

(4) A copy of the eligibility determination made in accordance with section 8 

of this article.

Section 10. Reporting to State Gaming Agency

(a) Notice of Intent to License. With respect to gaming employees, upon receipt of a 

completed license application and a determination to issue a temporary or 

permanent license, the Gaming Commission shall transmit within twenty-one (21) 

days to the State Gaming Agency for a determination of suitability for licensure 

under the California Gambling Control Act a notice of intent to license the 

applicant, together with all of the following:

(1) A copy of all tribal license application materials and information received 

by the Gaming Commission from the applicant which is not otherwise 

prohibited or restricted from disclosure under applicable federal law or 

regulation; 

(2) A complete set of fingerprint impressions, rolled by a certified fingerprint 

roller, which may be on a fingerprint card or transmitted electronically; 

(3) A current photograph; and 

(4) Except to the extent waived by the State Gaming Agency, such releases of 

information, waivers, and other completed and executed forms as have 

been obtained by the Gaming Commission.

(b) List of Gaming Employees. Upon request, the Gaming Commission shall provide 

the State Gaming Agency with the name, badge identification number (if any), 

and job title of all gaming employees.

(c) Gaming Resource Suppliers. Within twenty-one (21) days of the issuance of a 

license to a gaming resource supplier, the Gaming Commission shall transmit to 

the State Gaming Agency a copy of the license and a copy of all tribal license 

application materials and information received by it from the applicant which is 

not otherwise prohibited or restricted from disclosure under applicable federal law 

or regulation. 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 21

(d) Financial Sources. Within twenty-one (21) days of the issuance of a license to a 

financial source, the Gaming Commission shall transmit to the State Gaming 

Agency a copy of the license. Upon issuance of a license, the Gaming 

Commission shall direct the financial source licensee to transmit to the State 

Gaming Agency within twenty-one (21) days a copy of all license application 

materials and information submitted to the Gaming Commission.

(e) Renewals. Prior to renewing a license, the Gaming Commission shall forward to 

the State Gaming Agency copies of all information and documents received in 

connection with the application for renewal of the Tribal gaming license, which is 

not otherwise prohibited or restricted from disclosure under applicable federal law 

or regulation, for purposes of the State Gaming Agency’s consideration of 

renewal of its determination of suitability.

(f) Limitation on State Reporting Requirements. Notwithstanding any requirements 

to the contrary in this Ordinance, if the Tribe operates a gaming facility that offers 

only class II gaming and not class III gaming, or the Tribe is not otherwise subject 

to State reporting requirements, the Gaming Commission’s reporting and other 

obligations pursuant to this Ordinance shall be limited to those required under 

applicable federal law. In such case, the Gaming Commission’s ability to issue a 

license shall not be dependent on receiving a determination of suitability from the 

State Gaming Agency unless otherwise required by applicable federal law.

Section 11. Granting a Gaming License

(a) All primary management officials and key employees of the gaming operation 

must have a gaming license issued by the Tribe.

(b) The Gaming Commission is responsible for granting and issuing gaming licenses 

to primary management officials and key employees. 

(c) The Gaming Commission may license a primary management official or key 

employee applicant after submitting a notice of results of the applicant’s 

background investigation to the NIGC as required under this Ordinance. 

(d) The Gaming Commission shall notify the NIGC of the issuance of a license to a 

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

(e) The Tribe shall not employ an individual in a primary management official or key 

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

the gaming operation. 

(f) The Gaming Commission must reconsider a license application for a primary 

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

objections to issuing such a license form the NIGC, and those objections are 

received within 30 days of the NIGC receiving a notice of results of the 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 22

applicant’s background investigation. 

(1) The Gaming Commission shall take the NIGC’s objections into account 

when reconsidering a license application.

(g) The Tribe will make the final decision whether to issue a license to an applicant 

for a primary management official or key employee position. 

(h) If the Gaming Commission has issued a license to a primary management official 

or key employee before receiving the NIGC’s statement of objections, notice and 

hearing shall be provided to the licensee pursuant to the procedures in this 

Ordinance and consistent with the requirements under 25 C.F.R. Part 558.

(i) Issuance and Delivery of Licenses. The Gaming Commission is responsible for 

issuing licenses and for delivering them, by certified mail, return receipt 

requested, or in person, to applicants once they are issued.

Section 12. Temporary Licenses

If an applicant has completed a license application to the satisfaction of the Gaming 

Commission, and the Gaming Commission has conducted a preliminary background 

investigation, the Gaming Commission may issue a temporary license and impose such 

conditions thereon as it deems appropriate pending completion of the licensing process, provided 

that the Gaming Commission has no information suggesting the applicant would either be 

automatically disqualified from obtaining a license or that would cause a reasonable person to 

investigate further before issuing a license. 

Section 13. Denying Gaming Licenses

(a) The Gaming Commission shall not license a primary management official or key 

employee if the Gaming Commission determines, in applying the standards under 

section 8 of this article for making a license eligibility determination, that 

licensing the person:

(1) Poses a threat to the public interest;

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

(3) Creates or enhances the dangers of unsuitable, unfair or illegal practices, 

methods and/or activities in the conduct of gaming.

(b) When the Gaming Commission does not issue a license to an applicant for a 

primary management official or key employee position, or revokes a previously 

issued license after reconsideration, it shall:

(1) Notify the NIGC; and
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 23

(2) Forward copies of its eligibility determination and notice or results of the 

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

Indian Gaming Individuals Record System.

Section 14. Gaming License Suspensions and Revocations

(a) If, after a license is issue to a primary management official or a key employee, the 

Tribe receives notice from the NIGC that the primary management official or key 

employee is not eligible for employment, the Gaming Commission shall do the 

following:

(1) Immediately suspend the license;

(2) Provide the licensee with written notice of the suspension and proposed 

revocation; and

(3) Provide the licensee with notice of a time and place for a hearing on the 

proposed revocation of the license.

(b) The right to revocation hearing vests only when a license is granted under an 

ordinance approved by the NIGC Chair.

(c) Following a revocation hearing, the Tribe shall decide whether to revoke or 

restate the license at issue. 

(d) The Tribe shall notify the NIGC of its decision to revoke or reinstate a license 

within 45 days of receiving notification from the NIGC that a primary 

management official or key employee is not eligible for employment.

(e) In the event the State Gaming Agency denies an applicant a determination of 

suitability or refuses to renew a determination of suitability, the Gaming 

Commission shall revoke any temporary or conditional license issued to the 

applicant and deny the applicant a license subject to any exceptions permitted 

under Secretarial Procedures (or, alternatively, a Tribal-State compact) and 

subject to the applicant’s appeal rights available under state law.

(f) The Gaming Commission shall suspend, revoke, or deny a license upon the 

occurrence of any of the following:

(1) Notification by the NIGC as set forth in this section, or by any other 

reliable source, that the licensee is not eligible for a license under this 

Ordinance;
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 24

(2) Notification by the State Gaming Agency that it intends to deny an 

application for a determination of suitability or a renewal of determination 

of suitability;

(3) The Gaming Commission has probable cause to believe that the licensee 

has, by act or omission, violated provisions of this Ordinance orSecretarial 

Procedures (or, alternatively, a Tribal-State compact), the Tribe’s gaming 

regulations, any condition of a conditional gaming license, or any other 

federal, State or Tribal laws or regulations;

(4) The Gaming Commission has reason to believe that the continued 

licensing of a person constitutes an immediate threat to the public health, 

safety or welfare;

(5) The Gaming Commission has reason to believe that the licensee is 

involved in any theft, misappropriation, misuse or abuse of Tribal assets;

(6) The licensee engages in any conduct that brings discredit or 

embarrassment to the Tribe’s gaming operation or the Tribe, or interferes 

with the normal operation of the Tribe’s gaming facilities;

(7) The licensee fails to disclose any required information on any state or 

Tribal gaming license application;

(8) The licensee fails to respond to a request from the Gaming Commission

within fourteen (14) days of the date of the initial request; or

(9) The licensee’s employment with the Tribe’s gaming operation is 

terminated, voluntarily or involuntarily. 

Section 15. Records Retention

(a) The Gaming Commission shall retain, or no less than three (3) years from the date 

a primary management official or key employee is terminated from employment 

with the Tribe, the following documentation:

(1) Applications for licensing;

(2) Investigative Reports; and 

(3) Eligibility Determinations. 

Section 16. Licenses for Vendors

Vendor Licenses Required. Vendors of gaming services or supplies, with a value of 

$25,000 or more annually, including vendors identified as a gaming resource supplier or a 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 25

financial source requiring licensure under Secretarial Procedures (or, alternatively, a Tribal-State 

compact), must have a vendor license from the Gaming Commission in order to transact business 

with the Tribe’s gaming operation. Contracts for professional legal and accounting services are 

excluded from this section. 

(a) Gaming Resource Suppliers. Every gaming resource supplier shall be licensed by 

the Gaming Commission prior to the sale, lease or distribution, or further sale, 

lease, or distribution, of any gaming resources to or in connection with the Tribe’s 

gaming operation or facility. Except as otherwise provided under Secretarial 

Procedures (or, alternatively, a Tribal-State compact), the gaming resource 

supplier shall also apply to, and the Tribe shall require it to apply to, the State 

Gaming Agency for a determination of suitability at least thirty (30) days prior to 

the sale, lease, or distribution, or further sale, lease, or distribution, of any gaming 

resources to or in connection with the Tribe’s gaming operation or facility. If the 

State Gaming Agency denies or revokes a determination of suitability, the 

Gaming Commission shall immediately deny or revoke the license and shall not 

reissue any license to that gaming resource supplier unless and until the State 

Gaming Agency makes a determination that the gaming resource supplier is 

suitable.

(1) Any agreement between the Tribe and a gaming resource supplier shall

include a provision for its termination without further liability on the part 

of the Tribe, except for the bona fide payment of all outstanding sums 

(exclusive of interest) owed as of, or payment for services or materials 

received up to, the date of termination, upon revocation or non-renewal of 

the gaming resource supplier’s license by the Gaming Commission based 

on a determination of unsuitability by the State Gaming Agency. Except 

as set forth above, the Tribe shall not enter into, or continue to make 

payments to a gaming resource supplier pursuant to, any contract or 

agreement for the provision of gaming resources with any person or entity 

whose application to the State Gaming Agency for a determination of 

suitability has been denied or revoked or whose determination of 

suitability has expired without renewal. 

(b) Financial Sources. Every financial source subject to (and not excluded from) 

licensing by the Gaming Commission under Secretarial Procedures (or, 

alternatively, a Tribal-State compact) shall, contemporaneously with the filing of 

its tribal license application, apply to the State Gaming Agency for a 

determination of suitability. In the event the State Gaming Agency denies the 

determination of suitability, the Gaming Commission shall immediately deny or 

revoke the license. A gaming resource supplier who provides financing 

exclusively in connection with the provision, sale or lease of gaming resources 

obtained from that supplier may be licensed solely in accordance with licensing 

procedures applicable, if at all, to gaming resource suppliers and need not be 

licensed as a financial source under Secretarial Procedures (or, alternatively, a 

Tribal-State compact).
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 26

(1) Any agreement between the Tribe and a financial source shall be deemed 

to include a provision for its termination without further liability on the 

part of the Tribe, except for the bona fide repayment of all outstanding 

sums (including accrued interest) owed as of the date of termination, upon 

revocation or non-renewal of the financial source’s license by the Gaming 

Commission based on a determination of unsuitability by the State 

Gaming Agency. The Tribe shall not enter into, or continue to make 

payments pursuant to, any contract or agreement for the provision of 

financing with any person whose application to the State Gaming Agency 

for a determination of suitability has been denied or revoked or has 

expired without renewal.

Section 17. Submission of a Vendor License Application

In order to obtain a gaming vendor license, the business must complete a vendor 

application and submit to background checks of itself and its principals. Principals of a business 

include those officers, directors, managers, owners, partners, and non-institutional stockholders 

that either own 10% or more of the business’ stock or are the 10 largest stockholders, as well as 

the on-site supervisors or managers designated in an agreement with the Tribe or gaming 

operation, if applicable.

Section 18. Contents of the Vendor License Application 

(a) Applications for gaming vendor license must include the following:

(1) Name of business, business address, business telephone number(s), federal 

tax identification number (or social security number, if a sole 

proprietorship), main office address (if different from business address), 

any other names used by the applicant in business, and type of service(s) 

applicant will provide;

(2) Whether the applicant is a partnership, corporation, limited liability 

company, sole proprietorship or other entity;

(3) If the applicant is a corporation, the state of incorporation and the 

qualification to do business in the State, if the gaming operation is in a 

different state than the state of incorporation.

(4) Trade name, other names ever used and names of any wholly owned 

subsidiaries or other businesses owned by the vendor or its principals;

(5) General description of the business and its activities;

(6) Whether the applicant will be investing in, or loaning money to, the 

gaming operation, and, if so, how much;
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 27

(7) A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in those 

businesses;

(8) A list of Indian tribes with which the vendor has an existing or previous 

business relationship, including ownership, financial or management 

interests in any non-gaming activity;

(9) Names, addresses and telephone numbers of three business references with 

whom the company has regularly done business for the last five (5) years;

(10) The name and address of any licensing or regulatory agency with which 

the business has filed an application for a license or permit related to 

gaming, whether or not such license or permit was granted;

(11) If the business has ever had a license revoked for any reason, the 

circumstances involved;

(12) A list of lawsuits to which the business has been a defendant, including the 

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

any;

(13) A list of the business’ funding sources and any liabilities of $50,000 or 

more or such higher amount as the Gaming Commission may establish by 

regulation;

(14) A list of the principals of the business, their social security numbers, 

addresses, telephone numbers, titles, and percentage of ownership in the 

company; and

(15) Any further information the Tribe or the Gaming Commission deems 

relevant.

(b) The following notice shall be placed on the application form for a vendor and its 

principals:

Inclusion of false or misleading information in the vendor 

application may be grounds for denial or revocation of the Tribe’s 

vendor license.

(c) A vendor may submit to the Gaming Commission a copy of a recent license 

application to another jurisdiction if it contains the information listed above. The 

vendor will be required to submit, in writing, any changes in the information since 

the other license application was filed, and any information requested by the Tribe 

not contained in the other application.
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 28

Section 19. Vendor Background Investigations

 

The Gaming Commission shall employ or otherwise engage an investigator to complete 

an investigation of a gaming vendor. This investigation shall include, at a minimum, the 

following steps:

(a) Verification of the vendor’s business incorporation status and qualifications to do 

business in the state where the gaming operation is located;

(b) Obtaining a business credit report, if available, and conducing a Better Business 

Bureau check on the vendor;

(c) Conducting a check of the vendor’s business’ credit history;

(d) Calling and questioning each of the references listed in the vendor application; 

and

(e) Conducting an investigation of the principals of the vendor’s business, including 

facilitating a criminal history check, obtaining criminal history check results, 

obtaining a credit report, and interviewing the personal references listed.

Section 20. Vendor License Fees

The Tribe may a charge a license fee, to be set by the Gaming Commission, to cover its 

expenses in investigating and licensing vendors of the gaming operation.

Section 21. Vendor Background Investigation Reports

The investigator shall complete an investigative report covering each of the steps taken in 

the background investigation of the gaming vendor and its principals, and present it to the 

Gaming Commission.

Section 22. Exemption of Vendors Licensed by Recognized Regulatory Authorities

The Gaming Commission may adopt regulations naming specific licensing authorities 

that it recognizes and may authorize exemptions to the vendor licensing process from vendors 

who have received a license from one of the named regulatory authorities. The Gaming 

Commission may, at its discretion, exclude from licensing those financial sources identified as 

not requiring a license under the circumstances specified under section 6.4.5 of Secretarial 

Procedures (or, alternatively, the applicable section of a Tribal-State compact).

Section 23. Identification Cards

All persons who are required to be licensed pursuant to this Ordinance shall be required 

to wear, in plain view at all times while in a gaming facility licensed by the Gaming 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 29

Commission, identification badges issued by the Gaming Commission. The identification 

badges must display the person’s photograph, identification number, name, and expiration date 

of his or her license.

Section 24. Due Process

The denial, suspension or revocation of a license pursuant to this Ordinance shall require:

(a) Written, certified, return receipt requested or personally hand-delivered 

notification of the denial, suspension or proposed revocation be given to the 

licensee ten (10) days in advance of the proposed action;

(b) Such written notification shall include information concerning the licensee’s right 

to a hearing, shall specify the date, time and place for the hearing, and shall also 

advise the licensee that failure to appear for a scheduled hearing shall forfeit any 

further right to appeal;

(c) The Gaming Commission shall make a ruling within three (3) days, and the 

licensee shall be notified in writing, within three (3) days of the ruling, of the 

ruling and the licensee’s right to file a petition with the Gaming Commission for a 

rehearing within fifteen (15) days of the receipt of the written notification;

(d) If the licensee files a petition for a rehearing within fifteen (15) days of receipt of 

the written notification described in the preceding paragraph, the Gaming 

Commission shall review any additional information submitted by the licensee 

with the petition and notify the licensee in writing of its decision, which shall be a 

final decision. 

(e) If the licensee is providing management services to the gaming facility pursuant 

to a management contract approved by the NIGC, said licensee may file a request 

for a rehearing directly with the Tribal Council following an adverse ruling issued 

by the Gaming Commission subsequent to a hearing or rehearing. The Tribal 

Council is authorized to reverse the adverse decision if the Tribal Council 

determines, by a majority vote where a quorum is present, any of the following:

(1) The Gaming Commission’s decision was unreasonable, arbitrary,

capricious, an abuse of discretion, or otherwise not in accordance with 

applicable Tribal, federal and State laws;

(2) The Gaming Commission exceeded its jurisdiction, authority, or 

limitations, under applicable Tribal laws;

(3) The Gaming Commission’s decision is unsupported by substantial 

evidence or unwarranted by the facts presented, either orally or 

substantively.
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 30

(f) Notwithstanding subparagraph (a) above, the Gaming Commission may suspend 

or revoke a license without advance notice if, in the opinion of the Gaming 

Commission, the continued licensing of the person:

(1) falsified a license application;

(2) poses an immediate threat to the integrity of the gaming operation;

(3) poses a threat to public health or safety; or

(4) violates the Gaming Commission’s licensing standards.

Section 25. Duration and Renewal

All regular licenses shall be issued for a specified period not to exceed two (2) years from 

the date of issue, except that an entity providing management services to the gaming facility 

pursuant to a management contract approved by the NIGC may be licensed for a period of no 

more than seven (7) years, provided such management contractor continues to apply for renewal 

of a determination of suitability by the State Gaming Agency at least every two (2) years in 

accordance with Secretarial Procedures (or, alternatively, a Tribal-State compact). Renewal 

applications must be received by the Gaming Commission at least thirty (30) days prior to the 

expiration of the license. Upon receiving a renewal application, the Gaming Commission shall 

inform the applicant of his or her obligation, if any, to apply to the State Gaming Agency for 

renewal of his or her determination of suitability. Any licensee applying for renewal may 

continue to be employed or engaged under the expired license for not more than 90 days 

following the expiration of the license. Applicants for renewal shall provide updated material as 

requested by the Gaming Commission on the appropriate renewal forms but, at the discretion of 

the Gaming Commission, may not be required to resubmit information already available to the 

Gaming Commission. Additional background investigations may be performed at the discretion 

of the Gaming Commission. Updated criminal history checks are required.

Prior to renewing a license, the Gaming Commission shall forward to the State Gaming 

Agency copies of the renewal application and related documents as required under Secretarial 

Procedures (or, alternatively, a Tribal-State compact). With respect to gaming facilities, the 

Gaming Commission shall provide verification to the State Gaming Agency that it has reviewed 

and, if appropriate, renewed a gaming facility’s license.

Section 26. Additional Requirements

The Tribal Council shall adopt, and the Gaming Commission shall implement, 

regulations providing for such additional licensing and background investigation requirements 

and procedures as it deems appropriate, provided that such additional requirements are at least as 

stringent as those contained in IGRA at 25 U.S.C. § 2710(b)(2)(F) and the NIGC’s regulations at 

25 C.F.R. Parts 556, 558, and 559, and Secretarial Procedures (or, alternatively, a Tribal-State 

compact). 
Gaming Ordinance of the North Fork Rancheria of Mono Indians—October 2016 31

ARTICLE VII

MISCELLANEOUS PROVISIONS

Section 1. Enforcement

The Tribal Council shall promulgate regulations authorizing the Gaming Commission or 

other agent of the Tribe to investigate reported violations of this Ordinance, other Tribal gaming 

ordinances or regulations, IGRA, or Secretarial Procedures (or, alternatively, a Tribal-State 

compact), and to impose fines or other sanctions within the Tribe’s jurisdiction against persons 

who interfere with the Tribe’s obligations under this Ordinance, other Tribal gaming ordinances 

or regulations, IGRA, or Secretarial Procedures (or, alternatively, a Tribal-State compact).

Section 2. Compliance with Federal Law

The Tribe shall comply with all applicable federal laws, including the Bank Secrecy Act, 

31 U.S.C. § 5311 et seq.

Section 3. Severability

If any provision of this Ordinance shall in the future be declared invalid by a court of 

competent jurisdiction, the invalid provision or provisions shall be severed and the remaining 

provisions shall continue in full force and effect.

Section 4. Amendments

This Ordinance may be amended upon approval by the Tribal Council and approval by 

the Chair of the NIGC.

Section 5. Effective Date

The Ordinance shall become effective and binding upon adoption by a majority vote of 

the Tribal Council at which a quorum is present and upon the approval of the Chair of the NIGC

and published pursuant to 25 U.S.C. § 2710(d)(2)(c).
CERTIFICATION 

As Tribal Secretary of North Fork Rancheria of Mono Indians, I certify that at a meeting 

of the Tribal Council, called and convened on the 18th day of October, 2016, at which a leg l 

quorum was present, this ordinance was duly adopted by a vote of 4 For 0 Against, and 1 

Abstaining, and said resolution has not been rescinded or amended in any way. 

Attested to by: 

Gaming Ordinance of the North Fork Rancheria of Mono Indians 

10 /; 6/{{c; 

D&te / 

I Date 

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