Wanda Johnson, Chairperson 

Burns Paiute Tribe 

HC-71 100 Pasigo Street 

Burns, Oregon 97720 

Re: Gaming Ordinance 

Dear Chairperson Johnson: 

On July 29, 1997, the National Indian Gaming Commission 

(NIGC) received a revised gaming ordinance for the Burns Paiute 

Tribe (Tribe). The revision responds to our letter of July 3, 

1997, wherein we pointed out several deficiencies in the original 

ordinance as submitted. The NIGC treats this revised ordinance 

as a new submission. Under the Indian Gaming Regulatory Act 

(IGRA) and the regulations promulgated by the NIGC, the Chairman 

has 90 days to review an new ordinance and either approve or 

disapprove the ordinance. 25 C.F.R. § 522.4. This letter 

constitutes approval of the ordinance. The NIGC Manual delegates 

authority to approve a tribal ordinance to the Vice Chairman in 

the absence of a Chairman. Part 11, Chap. 1, Sec. 2. 

Our letter of July 3, 1997, indicated 4 deficiencies. The 

first deficiency noted was that the ordinance failed to provide 

for the Tribe's sole proprietary interest in the gaming 

operation. Subsequent discussions between your counsel, Daniel 

Hester, and NIGC staff attorney Maria Getoff resolved the first 

deficiency. We are, therefore, satisfied that Sections 17 and 24 

of the ordinance provide for the Tribe's sole proprietary 

interest in and responsibility for the conduct of the gaming 

operation. The revisions made to the ordinance resolve the other 

three areas of deficiency. 

Thank you for submitting your ordinance for our review. The 

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

Chairman V 

cc: Daniel Hester, Esq. 
C 5 

AUG 1 3 1997 

BURNS PAIUTE TRIBE RESOLUTION #97- 1 1 

BURNS PAJUTE TRlBAL COUNCIL 

AMENDMENT TO THE GAMING ORDNANCE 

WHEREAS, the Tribal Council is the governing body of the Burns Paiute Indian Tribe, 

as set forth in Article VI, Section 1 of the Bums Paiute Constitution, and, 

WHEREAS, the Indian Gaming Regulatory Act, 25 U.S.C. 2701 w., adopted by 

Congress on October 12, 1988, sets forth the requirements for the conduct 

of Class I1 and Class III Gaming, which requirements include the adoption 

of a Gaming Ordinance for Class LI and Class 111 gaming; and, 

WHEREAS, the Tribal Council approved a Gaming Ordinance governing Class II and 

Class rII gaming by Resolution 97-07, adopted on April 24, 1997, and, 

WHEREAS, the Gaming Ordinance was submitted to the NIGC for its review and 

approval by letter dated April 25, 1997; and, 

WHEREAS, by letter dated July 3, 1997, the NIGC sent the Burns Paiute Tribe its 

comments on the Tribal Gaming Ordinance, which comments identified 

four deficiencies in the Ordinance requiring correction before NIGC 

approval of the Ordinance could be granted; and, 

WHEREAS, the Tribal attorney has consulted with NIGC staff and resolved one of the 

identified deficiencies, but has concluded that amendments to the Gaming 

Ordinance to correct the other deficiencies are required; and, 

NOW THEREFORE BE IT RESOLVED, that the Tribal Council does hereby amend the 

Tribal Gaming Ordinance as follows: 

1. Add the following subsection to Section 11 (A): 

3. The Tribal Gaming Commission shall require that each Class II 

and Class I11 gaming facility located on Burns Paiute Indian Lands 

apply for and receive a Facility License prior to commencing 

gaming operations. 

2. Add the following subparagraph to Section 13(A)(5): 

g) In determining whether to grant or deny a gaming License 

to a Primary Management Official, High Security 

Employee, or Low Security Employee, the Tribal Gaming 

Commission shall review the applicant's prior activities, 

criminal record, if any, and reputation, habits and 
associations to make a finding concerning the eligibility of 

the applicant for a gaming License and employment in the 

Gaming Facility. This review shall consist of, but may not 

be limited to, contacting the applicant's prior employer(s) 

andlor business associates, personal references, family 

members to determine that employment of the applicant 

does not pose a threat to the integrity of gaming at the 

Gaming Facility, to the public interest, or to the effective 

regulation of gaming. 

3. Add the following subsection to Section 14(A): 

6. No Primary Management Official(s), High Security 

Employee or Low Security Employee shall be employed at the 

Gaming Facility prior to the submission of a completed 

employment application submitted by said employee to the 

National Indian Gaming Commission as required by 25 C.F.R. 

558.3(a)(l). 

BE IT FINALLY RESOLVED that the Chairman of the Tribal Council is hereby directed 

to transmit this Amendment to the Gaming Ordinance to the NIGC for its 

review and approval; and, 

And that said Resolution had not been modified, amended or repealed and is still in full 

force and effect. 

Dated this 24th day of July, 1997 

CERTIFICATION 

We the undersigned Chairperson and Secretary of the Burns Paiute Tribal Council, 

hereby certim that the Tribal Council is composed of seven (7) members of whom five 

(5) constituting a quorum, were present at a meeting thereof duly regularly called, 

noticed, convened, and held on this 24th day of July, 1997, and the foregoing resolution 

was duly adopted by 4._ affirmative vote of members, with O opposing and 1 

abstaining. The Chairperson's vote is not required except in case of a tie. 

Wanda ~ohnsowirperson 

Burns Paiute Tnbal Council' 

Violet Peck, Secretary 

Burns Paiute Tribal Council 
BURNS PAIUTE TRIBE^ 

BURNS PAIUTE TRIBAL COUNCIL 

RESOLUTION 97-07 

WHEREAS, the Tribal Council is the governing body of the BurnsPaiute Indian Tribe, as set forth in Article VI, Section 

1 of the Burns-Paiute Constitution; AND 

WHEREAS, the Indian Gaming Regulatory Act, 25 U.S.C. 5 2701 et 

seq., adopted by Congress on October 12, 1988, sets forth 

the requirements for the conduct of Class I1 and Class 

I11 Gaming, which requirements include the adoption of a 

Gaming Ordinance for Class I1 and Class I11 gaming and 

the approval of said Ordinance by the National Indian 

Gaming Commission; AND 

WHEREAS, the Tribal Council approved Resolution 96-05, on December 

10, 1996, which Resolution approved the Tribal-State 

Compact between the Burns-Paiute Tribe and the State of 

Oregon for the regulation of Class I11 gaming on the 

Burns-Paiute Indian Reservation; AND 

WHEREAS, the Tribal Council interviewed firms proposing to 

finance, develop and manage the Tribal Gaming Facility on 

March 26, 1997; AND 

WHEREAS, the Tribal Council seeks to have an interim Gaming 

Facility, as authorized in the Tribal-State Compact, open 

for business in the summer of 1997; AND 

NOW THEREFORE BE IT RESOLVED, that the Tribal Council does hereby 

adopt the attached Gaming Ordinance to govern the conduct 

of all Class I1 and Class I11 gaming within the BurnsPaiute Indian Reservation; AND 

BE IT FURTHER RESOLVED that the Chairman of the Tribal Council is 

hereby directed to transmit the attached Gaming 

ordinance, along with all supplemental information 

required by federal regulations, to the National Indian 

gaming Commission for their review and approval; AND 

BE IT FINALLY RESOLVED that the Tribal Council hereby directs 

the General Manager to publish notices within the Tribal 

community and elsewhere as appropriate announcing the 

opening of Tribal Gaming Commission positions that need 

to be filled so that enrolled members of the Burns-Paiute 

Tribe may submit applications for the Commission 

position, which positions need to be immediately filled 

so that Commission members can be trained regarding the 

regulation of the Tribal Gaming Facility and the 

licensing of its employees and contractors. 
CERTIFICATION 

We, the undersigned Chairperson and Secretary of the Burns Paiute 

Tribal Council, hereby certify that the Tribal Council is composed 

of seven (7) members of whom five (5) constituting a quorum, were 

present at a meeting thereof duly and regularly called, noticed, 

convened and held on this 24th day of April , 1997, and that the 

foregoing resolution was duly adopted by the affirmative vote of - 

5 members, with 0 opposing and 0 abstaining. The 

Chairpersons vote is not required except in case of a tie. 

And that said Resolution has not been modified, amended or repealed 

and is still in full force and effect. 

Dated this 24th day of April, 1997. 

Burns ~aiute Tribal council 
Burns-Paiute Tribe 

Gaming Ordinance 

April 24, 1997 
Burns-Paiute Tribe 

. Tribal Gaming Ordinance 

Section 1 . Title .................. 1 

Section 2 . Findings ................ 1 

Section 3 . Purposes ................ 1 

General Provisions ..................... 2 

Section 4 . DefinedTerms .............. 2 

Section 5 . Gaming Authorized and Regulated ..... 6 

Section 6 . Use of Revenues from Class I1 and Class 

I11 Gaming Activities .......... 7 

Section 7 . GamingFacility ............ 7 

Section 8 . Minors, Employees Prohibited . 7 

Section 9 . Prizes: Assignment and Forfeiture .... 8 

Administration ................. 8 

Section 10 . Gaming Commission ............ 8 

Section 11 . ~icensing ................ 11 

Section 12 . License Fees : Application Fees and 

Renewal ................. 13 

Section 13 . License: Qualifications and Requirements .................... 13 

Section 14 . National Indian Gaming Commission Review 

of Employee Licenses ...... 26 

Section 15 . License Suspension and Revocation . 27 

Class I1 Gaming . . Section 16 . Section 17 . 

Section 18 . Section 19 . Section 20 . Section 21 . Section 22 . Section 23 . 

..................... 29 

Definitions ............... 29 

Authorization to Conduct Class I1 Gaming .................... 30 

Management Contracts ........ 30 

Games Permitted ............ 30 

BingoGameCards ............ 30 

Player Limitation ............ 31 

Entry Prohibited ............ 31 

Hours of Operation; Notice to Commission 7 -, 

Class I11 Gaming ...................... 32 

Section 24 . Exclusive ownership by Tribe ..... 32 

Section 25 . Authorized Operation ......... 32 

Section 26 . Management Contracts .......... 32 

Section 27 . Games Permitted ............ 32 

Section 28 . Regulation and Inspection . 33 

Section 29 . Hours of Operation .......... 33 

Records and Audits .................. 33 

Section 30 . Records Maintenance ......... 33 

Section 31 . Independent Audits ........... 34 
Dispute Resolutionsand Violations Procedures . 34 

Section 32 . Resolution of Disputes Between Gaming 

Facility Customer and Manager ...... 34 

Section 33 . Crimes; Penalties .......... 35 

Section 34 . Civil Penalties ............. 36 

Section 35 . Enforcement .............. 36 

ValidityofOrdinance ................... 37 

Section 36 . Severability .............. 37 

Section 37 . Repeal of Inconsistent Tribal Law .... 37 

Section 38 . Effective Date of Ordinance . 37 
BURNS-PAIUTE TRIBE 

GAMING ORDINANCE 

Section 1. Title. 

This Ordinance shall be known as the Burns-Paiute Tribe Gaming 

Ordinance. 

Section 2. Findings. 

The Tribal Council of the Burns-Paiute Tribe, finds that 

A. The Burns-Paiute Tribe has authority to regulate Class I 

and I1 gaming activities on Indian Lands as defined at 25 U.S.C. § 

2703(4) (b) within the Burns-Paiute Reservation; and 

B. The Burns-Paiute Tribe is authorized to operate, license 

and regulate Class I11 Gaming on Indian Lands, as defined at 25 

U. S . C. § 2703 (4) (b) , within the Burns-Paiute Reservation, provided 

it has entered into, and operates Class I11 Gaming consistent with, 

a compact entered into between the Tribe and the State of Oregon; 

and 

C. It is essential to the health, safety and general welfare 

of the Burns-Paiute Tribe and the visitors to Burns-Paiute 

Reservation that standards and regulations be promulgated to govern 

the conduct of gaming activities on Burns-Paiute Reservation lands. 

Section 3. Purposes. 

The purposes of this Gaming Ordinance are to: 

A. Provide standards and regulations governing the conduct 

of gaming activities on Burns-Paiute Indian Lands within the BurnsPaiute Reservation; 

B. Promote Tribal economic development; 

C. Enhance employment opportunities for Tribal members; 

D. Strengthen the economy of the Burns-Paiute Tribe; and 

E. Generate revenue for use in improving the health, 

education and general welfare of enrolled members of the BurnsPaiute Tribe. 
I. GENERAL PROVISIONS 

Section 4. Defined Terms 

A. Use of a Defined Term. 

Whenever a term that is defined in this Section is used in 

this Ordinance, it shall be capitalized to indicate the term is one 

defined by the Ordinance. 

B. Definitions. 

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

Regulatory Act, 25 U.S.C. § 2701 et seq. 

2. I1Bingolt means the game of chance (whether or not 

electronic, computer or other technological aids are used in 

connection therewith) which is played for Prizes, including 

monetary Prizes, with cards bearing numbers or other designations; 

in which the holder of the card covers such numbers or designations 

when objects, similarly numbered or designated, are drawn or 

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

first Person covering a previously designated arrangement of 

numbers or designations on such cards. "Bingou includes, if played 

at the same location, pull tabs, lotto, punch boards, tip jars, and 

other games similar to Bingo. 

3. "Tribal Councilv means the governing body of the 

Burns-Paiute Tribe as set forth in Article VI of the Tribe's 

Constitution. 

4. "Class I Gaming" means all forms of gaming which are 

defined as "Class I Gaming" in I .G. R .A., which includes 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. 

5. "Class I1 Gaming1! means all forms of gaming which 

are defined as "Class I1 Gamingtt in I .G.R.A. and shall include, but 

not be limited to, the following forms of gaming: Bingo, lotto, 

pulltabs and punch boards, tip jars and Non-Banking Card Games, 

when played in conformity with 25 U.S.C. § 2703(7). 

6. "Class I11 Gaming" means all forms of gaming that 

are not Class I Gaming or Class I1 Gaming, as defined in I.G.R.A. 

7. "Class I1 Gaming Contractn means a contract for the 

provision of any goods or services for the conduct of Class I1 

Gaming. 
8. ttClass I11 Gaming Contract" means a contract for the 

provision of any goods or services for the conduct of Class I11 

Gaming. 

9. "Class I1 Gaming Contractorgt is any individual, 

business or other Entity that applies for or is a party to a Class 

I1 Gaming Contract. 

10. "Class I11 Gaming Contractoru is any individual, 

business or other ~ntity that applies for or is a party to a Class 

I11 Gaming Contract. 

11. "CompactM means the Compact by and between the 

Burns-Paiute Tribe and the State of Oregon dated December 12, 1996, 

setting forth an agreement for operation of Class I11 Gaming on 

Burns-Paiute Indian Reservation within the State of Oregon. 

12. l1EntityIf 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, 

organization, proprietorship, trust, estate, commission, bureau, 

department of governmental agency exceDt that ItEntityl1 shall not 

include the Burns-Paiute Tribe. 

13. "Gaming Commissiont1, or uCommissionu means the Tribal 

Gaming Commission, created by this Ordinance. 

14. ''Gross Receipts" means the total receipts from the 

conduct of gaming activities. 

15. "High Security Employeen means any Person with 

responsibility for the management or operation of the Class I11 

Gaming activities or access to gaming terminals or cash. 

High Security Employee shall include the following 

positions: 

a) counting room supervisor, chief of security, 

custodian of gaming supplies or cash, pit 

boss, approver of credit and custodian of 

gambling devices or Video Lottery Terminals 

including Persons with access to cash and 

accounting records within such devices; 

b) If not otherwise included as a Low Security 

Employee or Primary Management Official, any 

other person whose total cash compensation is 

in excess of $50,000 per year; and 

C) ' If not otherwise included as a Low Security 

Employee or Primary Management Official, the 
four most highly compensated persons in the 

Tribal Gaming Facility. 

16. " Indian LandsH or "Burns- Paiute Indian Lands" means 

all lands within the exterior boundaries of the Burns-Paiute Indian 

Reservation; and any lands title to which is either held in trust 

by the United States for the benefit of the Burns-Paiute Tribe or 

individual Tribal member or held by any Indian tribe or individual 

Tribal member subject to restriction by the United States against 

alienation and over which an Indian tribe exercises governmental 

power. 

17. "Influential Employeew means any officer or any 

Person who can affect the course of business, make decisions, or is 

in a sensitive position. An Influential Employee as defined in 

this Ordinance shall have the same meaning as a key employee as 

defined in the Com~act. 

18. "Key Employeef1 means all those employees defined as 

Low Security Employees and High Security Employees herein. 

19. "Licensen or "LicensedIf means a Tribal gaming 

License, or having a valid Tribal gaming License, issued by the 

Burns-Paiute Tribe by the Tribal Gaming Commission pursuant to this 

Ordinance. 

20. "LotteryN means any scheme for the disposal or 

distribution of property, by chance, among Persons who have paid or 

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. 

21. "Low Security Employeeff means any Person employed to 

work in a gaming area with no responsibility for management or 

operation of the Class I11 Gaming activities and no access to 

inside gaming terminals or cash. Low Security Employee shall 

include the following: Bingo caller, croupier and card dealers. 

22. "Major Procurement means any procurement action or 

contract for: 

a) The printing of tickets used in any Class I11 

Gaming; 

b) Any goods or services involving the receiving 

or recording of number selections in any Class 

I11 Gaming; 
C) Any goods, services, or products involving the I determination of winners in any Class I11 

Gaming; or 

d) Video devices. 

23. "Minor Procurementu means any procurement action or 

contract related to Class I11 Gaming that is neither a Major 

Procurement nor a Sensitive Procurement. A typical example of this 

class of procurement is a contract to change the external 

appearance of a Video Terminal. 

24. "National Indian Gaming Commission" or "NIGC" means 

the National Indian Gaming Commission, created by the Act. 

25. "Net RevenuesN 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, 

excluding management fees. 

26. "Nan Banking Card Gamesu 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 with State law regulating hours of play, wagers and pot 

limits is Class I1 Gaming. All other Non-Banking Card Games are 

Class I11 games. 

27. "Playeru means any Person participating in gaming 

activity, who is participating with the reasonable expectation of, 

or for the chance of, receiving a Prize of some value. 

28. "Primary Management Of ficial1! means any person who : 

a) Is designated as having management 

responsibility for any part of a Management 

Contract; 

b) Has authority; 

(1) To hire and fire employees; or 

(2) To set or otherwise establish working 

policy for the gaming operation; or 

c) Is the chief financial officer or other Person 

who has financial management responsibility 

for Class I11 gaming operations. 
29. "prize" means any U.S. currency, cash or other 

property or thing of value awarded to a Player or Players, or 

received by a Player or Players as a result of their participation 

in a gaming activity. 

30. "Secretaryu means the Secretary of the Interior. 

31. "Sensitive Procurementu means any procurement action 

or contract for goods or services, other than a Major Procurement, 

that may either directly or indirectly affect the integrity, 

security, honesty, and fairness of the operation and administration 

of Class I11 Gaming. A typical example of this class of 

procurement is the acquisition of security systems required to 

protect the security and integrity of the Class I11 Gaming. 

32. l1Statel1 means the State of Oregon. 

33. "Tribal Court1! means the Burns-Paiute Tribal Court. 

34. "Tribal Gaming Facility" or "Gaming Facility" means 

the building proposed to be constructed as of the date of execution 

of the Compact, by the Tribe on Tribal trust lands within the 

Burns-Paiute Indian Reservation located on Monroe Street on what is 

referred to as the 'Old Camp" site, more specifically described in 

Exhibit 1 to the Compact. If the size of the Gaming Facility is 

expanded as otherwise provided in the Compact, the term "Gaming 

Facilityu shall thereafter refer to the expanded facility. 

35. "Tribal Gaming Operation1! means any Class I1 or 

Class I11 Gaming operation conducted on Burns-Paiute Indian Lands. 

36. I!Tribe1! means the Burns-Paiute Tribe within the 

State of Oregon, recognized by the Secretary of the Interior, and 

having special rights of self government. Tribe shall also include 

Tribal agencies and officials. 

37. "Video Lottery Terminal" or "Terminal" means an 

electrical or electromechanical device, component, or Terminal that 

displays a ticket through the use of a video display screen, and 

that is available for consumer play upon payment of any 

consideration, with winners determined by the application of the 

element of chance and the amount won determined by the possible 

Prizes displayed on the device. 

Section 5. Gaminu Authorized and Reuulated. 

A. 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 I1 Gaming is authorized on Indian Lands. Class I1 

Gaming shall be regulated by the Tribal Gaming Commission and shall 
only be operated consistent with the provisions of this Ordinance 

and I.G.R.A. 

C. Class I11 Gaming is authorized on Indian Lands. Class 

I11 Gaming shall be regulated by the Tribal Gaming Commission and 

shall only be operated consistent with this Ordinance, the Compact 

and I.G.R.A. 

Section 6. Use of Revenues from Class I1 and Class I11 Gaminq 

Activities. 

Tribal revenues from Class I1 and Class I11 Gaming activities 

shall be used only to: 

1. fund Tribal government operations, programs or 

businesses; 

2. provide for the general welfare of the Burns-Paiute 

Indian Reservation or Tribal members (if the Tribal 

Council elects to make per capita distributions, 

the per capita distribution plan must be approved 

by the Secretary of the Interior prior to 

implementation as required by the Act); 

3. promote economic development within the BurnsPaiute Indian Reservation; 

4. donate to charitable organizations. 

Section 7. Gaminu Facility. 

A. Toensure that theenvironment andthepublic safetyand 

welfare are adequately protected, the Tribal Gaming Facility shall 

be constructed and maintained in compliance with applicable Tribal 

and federal laws, including but not limited to fire codes, safety 

codes and building codes. Tribal ordinances and regulations 

governing health and safety standards applicable to the Gaming 

Facility shall be at least as rigorous as standards imposed by the 

laws and regulations of the State of Oregon. 

B. The Tribal Gaming Facility shall be subject to inspection 

to insure compliance, annually or on such basis as the Tribal 

building inspector, or if none, the Tribal Gaming Commission, 

determines is necessary and appropriate. 

Section 8. Minors, E~D~oY~~s Prohibited. 

A. No Person under the age of 18 years shall be permitted to 

play any Class I1 game or the Class I11 game of keno. 

B. No Person under the age of 21 years shall be permitted to 

play any Video Lottery Terminal or blackjack. 
C. No Person who is employed at a Class I1 or Class I11 

Gaming Facility may play any game conducted therein while on duty 

or while in uniform. 

Section 9. Prizes: Assicmment and Forfeiture. 

A. Not Assisnable, 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 Court. 

B . Forfeiture. 

1. Any unclaimed Prize of a Class I1 or Class I11 

Gaming activity shall be retained by the owner of gaming activity 

or enterprise for ninety days after the Prize is available to be 

claimed. Any Person who fails to claim a Prize during such time 

shall forfeit all rights to the Prize, and the amount of the Prize 

shall be awarded to the Tribe. 

2. Any Prize won by a Person under the age of eighteen 

(18) , or in the case of Video Lottery Terminals under the age of 

twenty-one (21), shall be forfeited as a violation of Section 8 of 

this Ordinance. Any such Prize shall be awarded to the Tribe, and 

the approximate consideration paid by the underaged Player shall be 

refunded to the Player. 

11. ADMINISTRATION 

Section 10. Gamins Commission. 

A. Establishment and Composition. 

1. There is hereby created the Tribal Gaming 

Commission. 

2. The Tribal Gaming Commission shall be comprised of 

a Gaming Commissioner and two (2) members. 

B. Qualifications and Appointment. 

1. The Gaming Commissioner and Commissionmembers shall 

be appointed by the Tribal Council, and shall possess and 

demonstrate as minimum qualifications: 

a) Knowledge and experience in the commercial 

gaming industry; 

b) Familiarity with the Act; 
C) Knowledge, experience or familiarity with law 

enforcement; or 

d) Experience in and knowledge of administration 

and administrative procedure. 

2. The Gaming Commission and all Commission members 

shall be from among the Tribe's General Council membership except 

that the Tribal Council may appoint non-member Indians or nonIndians to the Gaming Commission because of their demonstrated 

expertise in critical areas of gaming regulation or law 

enforcement. At no time shall there be more than two Gaming 

Commissioners who are not members of the Tribe. It shall be an 

objective of the Gaming Commission to insure that Commission 

members enrolled in the Tribe shall be trained to assume full 

responsibility to regulate the Tribal Gaming Facility as soon as 

practicable. 

3. Appointments of the Commissioner and members shall 

be for a period of four (4) years, except that of the initial 

members one shall be for two (2) years, one for three (3) years and 

one for four (4) years, which will result 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 shall be appointed to the Gaming 

Commission unless the Tribal council is satisfied that: 

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

honesty and integrity, who's 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 I create or enhance the dangers of unsuitable, 

unfair, or illegal practices and methods and 

activities in the conducting of gaming or the 

carrying on of the business and financial 

arrangements incidental thereto; and 

b) He or she has no interest in any private 

gaming activity on Burns-Paiute Indian Lands I or any activity which may have interests in 

conflict with the Tribal Gaming Operation. 

5. The Gaming Commissioner and Commission 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, or which would form the basis for the denial of a 

license to a High Security Employee under Section 13A(5) of this 

Ordinance. The decision of the Tribal Council shall be final. 
C. Duties and Powers. 

The Gaming commission shall administer the provisions of this 

Ordinance and shall have all powers necessary therefore. In 

exercise of its duties, the Commission shall: 

1. Promulgate such rules and regulations as may be 

necessary and desirable for the proper implementation of this 

Ordinance; 

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

I1 and Class I11 game permitted; 

3. License, inspect and regulate all gaming activities 

and Persons employed in gaming activities conducted on Indian Lands 

as provided in this Ordinance; 

4. Conduct or cause another Entity to conduct 

background investigations of Influential Employee, Primary 

Management Official, High Security Employee and Low Security 

Employee Applicants; 

5. Insure the Tribal Gaming Facility is operated in 

compliance with the Compact and I.G.R.A.; 

6. Carry on a continuous study and investigation of 

Class I1 and Class I11 Gaming on Indian Lands for the purpose of: 

a) Ascertaining any 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) Preventing abuses and evasions of the 

standards and regulations prescribed by this 

Ordinance and applicable rules; 

7. Report to the Tribal Council on any matters related 

to gaming regulation which are deemed by the Gaming Commission to 

constitute an emergency requiring immediate action; 

8. Take any action it deems necessary and appropriate 

for violation(s) of this Ordinance, applicable rules and/or 

regulations, including but not limited to License suspension, 

revocation, prosecution, referral for prosecution, or civil suit; 

and 
9. Employ such employees as are necessary to carry out 

the specific and general powers and duties of the Commission. 

Commission employees shall meet all License requirements of High 

Security Employees. 

D. Limitation on Gamins Commission Powers: No Manasement 

Authoritv. 

Notwithstanding any power or duty delegated to the Gaming 

Commission pursuant to this Ordinance, nothing in this Section is 

intended to, nor shall be construed as, authorizing Gaming 

Commission involvement or participation in the management of the 

Gaming Facility. The delegation of authority to the Gaming 

Commission is limited solely to the regulation of gaming activities 

as provided herein. 

E . Compensation. 

The Gaming Commissioner, Commission members, and Commission 

employees shall be reasonably compensated, as determined by the 

Tribal Council in the annual Tribal budgeting process. The 

compensation shall be an expense of the Gaming Facility. 

Section 11. Licensinq. 

A. Authority to License. . 

1. The Tribal Gaming Commission shall have the sole and 

exclusive authority to License and regulate Class I1 and Class I11 

Gaming operations on Burns-Paiute Indian Lands which are now, or 

may hereafter, be permitted by federal law, this Ordinance and the 

Compact. 

2. Class I Gaming shall not be regulated by this 

Ordinance and no Licensing shall be required for Class I Gaming. 

B. mes of Licenses to be Issued. 

1. The Gaming Commission shall issue the following 

Licenses for gaming on Burns-Paiute Indian Lands: 

a) Primary Management Official License 

b) High Security License 

C) Low Security License 

d) Facility License 

e) Class I11 Gaming Contractor's License 

f) Class I1 Gaming Contractor's License 
g) Other Licenses necessary and appropriate 

2. Licenses shall be issued for Class I1 or Class I11 

Gaming, and shall indicate the type and class of License on the 

face of the License. A combined Class I1 and Class I11 License may 

be issued if appropriate. 
Privacy Act Notice on Awwlication Forms. 

1. The Following notice shall be placed on the License 

application form before that form is filled out by an applicant: 

In compliance with the Privacy Act of 1974, the following 

information is provided: Solicitation of the information 

on this form is authorized by 25 U.S.C. 2701 et seq. The 

purpose of the requested information is to determine the 

eligibility ofi individuals to be employed in a gaming 

operation. The information will be used by National 

Indian Gaming Commission members and staff who have need 

for the information in the performance of their official 

duties. The information may be disclosed to appropriate 

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

and regulatory agencies when relevant to civil, criminal 

or regulatory investigations or prosecutions or when 

pursuant to a requirement by a tribe or the National 

Indian Gaming Commission in connection with the hiring or 

firing of an employee, the issuance or revocation of a 

gaming License, or investigations of activities while 

associated with a tribe or a gaming operation. Failure 

to consent to the disclosures indicated in this notice 

will result in a tribe's being unable to hire you in a 

Primary Management Official or Key Employee position. 

The disclosure of your ~ociai Security Number (SSN) is 

voluntary. However, failure to supply a SSN may result 

in errors in processing your application. 

2. Applicants shall be notified in writing that they 

shall either: 

a) Complete a new License application form that 

contains a Privacy Act notice; or 

b) Sign a statement that contains the Privacy Act 

notice and consent to the routine uses 

described in that notice. 

3. The following notice shall be placed on the License 

application form before that form is filled out by an applicant: 

A false statement on any part of your License application 

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

after you begin work. Also, you may be punished by fine 

or imprisonment. (U.S. Code, title 18, section 1001.) 
4. The Tribe shall notify in writing applicants that 

they shall either: 

a) Complete a new application form that contains 

a notice regarding false statements; or 

b) Sign a statement that contains the notice 

regarding false statements. 

Section 12. License Fees: Application Fees and Renewal. 

A. Any Person making application for a Tribal gaming License 

pursuant to this Ordinance shall submit his or her application, 

required forms and information, and an application fee, as 

established by the Tribal Gaming Commission pursuant to this 

Ordinance. 

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

expiration of their License make application for renewal, as 

required by the Gaming Commission, and shall submit the 

application, required forms and information together with a renewal 

fee equivalent to 100% of the then prevailing License fee. 

C. The Commission shall have the authority to establish the 

License application fees provided in this Section by regulation. 

The basis for any such License fee shall reflect the costs incurred 

by the Tribal Gaming Commission associated with the issuance of 

Gaming Licenses, including background checks. 

D. The Commission shall be authorized to collect payment for 

License fees by lump sum payment, monthly payment plan, payroll 

deduction or any other means deemed appropriate by the Commission. 

Section 13. License: Qualifications and Reauirements. 

A. Licensins of Gaminu Em~lovees. 

1. All Primary Management Officials, High Security 

Employees and Low Security Employees to be employed in the Gaming 

Facility shall be Licensed by the Tribal Gaming Commission in 

accordance with the provisions of the Compact. 

2. All prospectiveemployees of theGaming Facility -- 

Primary Management Officials, High Security Employees and Low 

Security Employees -- shall provide to the Tribal Gaming Commission 

any required application fees and the following information: 

a ) Full name, including any aliases by which the 

applicant has been known; 

b) Social security number; 
C) , Date and place of birth; 

dl , Citizenship; 

e) Gender; 

f All languages spoken or written; 

g) Residential addresses for the past five years; 

h) 'Employment history for the past five years; 

i) Ownership interests in any business for the 

past five years and address of any such 

business; 

j) Description of any existing or previous 

business relationships, including prior 

employment, with any Indian tribe and, if 

applicable, any ownership interest of such 

business; 

k) 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 subparagraph (g) of this 

paragraph; 

1) A description of any existing and previous 

business relationships with the gaming 

industry generally, including ownership 

interests in those businesses; 

m) The name and address of any licensing or 

regulatory agency with which the applicant has 

filed an application for an occupational 

license or permit, whether or not such license 

or permit was granted; 

n) The name and address of any licensing or 

regulatory agency with which the applicant has 

filed an application for a license or permit 

relating to gaming, whether or not such 

license or permit was granted; 

O) Current driver's license number and any other 

driver's license held in the last five years; 

p) All criminal proceedings, except for minor 

traffic offenses, to which the applicant has 

been a party; 
q) A current photograph; 

r) Any other information required by the Gaming 

Commission. 

3. In addition to the requirements of paragraph 2 of 

this subsection, prospective Primary Management Officials, High 

Security Employees and Low Security Employees shall provide a set 

of fingerprints. The Burns-Paiute Tribal Police Department shall 

be responsible for fingerprinting License applicants. 

4. The Tribal Gaming Commission shall forward the 

applicant information to the State, along with the application fee 

described in subsection C of this Section. The Oregon State Police 

shall conduct a background investigation on all prospective Primary 

Management Officials, High Security Employees, and provide a 

written report to the Tribal Gaming Commission within a reasonable 

period of time, but in no event shall such background checks exceed 

thirty (30) days without notice to and consent of the Tribal Gaming 

Commission. The Tribal Gaming Commission shall forward the 

applications for Low Security Employees, and any applicable 

application fees, to the Oregon State Police or the Burns-Paiute 

Tribal Police Department, as the Gaming Commission determines 

appropriate for a background investigation. The law enforcement 

agency doing the background check shall submit a written report on 

the background investigation done on the Low Security Employee 

within 30 days to the Tribal Gaming Commission. 

5. a) The Tribal Gaming Commission shall deny a 

gaming License to any prospective High 

Security Employee or Primary Management 

Official who has committed any of the 

following crimes under the law of any 

jurisdiction, or is the subject of a civil 

judgment in any jurisdiction that is based 

upon facts that constitute the elements of any 

of the following crimes: 

Aggravated murder; murder in the first 

degree 

Assault (in the first or second degree) 

Kidnapping in the first degree 

Rape in the first degree 

Sodomy in the first or second degree 

Unlawful sexual penetration in the first 

degree 

Sexual abuse in the first or second 

degree 

Any crime related to child pornography 

Forgery in the first degree 

Possession of a forgery device 
Unlawful factoring of a credit card 

transaction 

Falsifying business records 

Sports bribery or receiving a sports 

bribe 

Making a false financial statement 

Obtaining execution of a document by 

deception 

Theft by extortion 

Arson in the first degree 

Computer crime 

Robbery in the first or second degree 

Bribery 

Bribing a witness 

Perjury 

Any theft accomplished by manipulation of 

records; e.g., embezzlement 

Promotion of unlawful gambling 

Conviction of any crime if the original 

charge was promotion of unlawful 

gambling, and a lesser charge was pleabargained 

Tax evasion 

b) The Tribal Gaming Commission shall deny a 

gaming License to any prospective High 

Security Employee or Primary Management 

Official who has associated in a business 

relationship, whether as a partner, joint 

venturer or employer, with any other Person 

who has been convicted of one of the crimes 

listed in subparagraph a. of this paragraph. 

The Tribal Gaming Commission shall deny a 

gaming License to any prospective High 

Security Employee or Primary Management 

Official who was employed by any other Person 

who has been convicted of one of the crimes 

listed in subparagraph a. of this paragraph, 

if the prospective employee or official was in 

any way involved in or aware of the criminal 

activity as it occurred. 

C) The Tribal Gaming Commission shall deny a 

gaming License to any prospective High 

Security Employee or Primary Management 

Official if: 

(1) The applicant fails to disclose any 

material fact to the Tribe or their 

authorized agents during a background or 

security investigation; or 
(2) The applicant misstates or falsifies a 

material fact to the Tribe during a 

background or security investigation. 

d. The Tribal Gaming Commission may deny a gaming 

License to any prospective High Security 

Employee or Primary Management Official for 

any reason the Tribal Gaming Commission deem 

sufficient. Such decisions to grant or deny a 

gaming License shall be consistent with the 

principles set forth in subsection A of 

section 6 of the Compact. In determining 

whether to deny a gaming License to any 

prospective High Security Employee or Primary 

Management Official, the factors to be 

considered by the Tribal Gaming Commission 

shall include, but need not be limited to, the 

following: 

(1) The applicant has been convicted of any 

crime (other than a crime listed in 

subparagraph a. of this paragraph) in any 

jurisdiction; 

(2) the applicant has associated with Persons 

or businesses of known criminal 

background, or Persons of disreputable 

character, that may adversely affect the 

general credibility, honesty, integrity, 

security, fairness or reputation of the 

Tribal Gaming Commission gaming 

operation; or 

(3) There is any aspect of the applicant's 

past conduct that the Tribe determine 

would adversely affect the honesty, 

integrity, security or fairness of Tribal 

gaming operation. 

e) The Tribal Gaming Commission shall deny a 

License to any prospective Low Security 

Employee who does not meet the criteria 

established in sub-subparagraphs (1) to (5) of 

this subparagraph. The Tribal Gaming 

Commission may deny a License to any 

prospective Low Security Employee, who does 

not meet the criteria establishment in subsubparagraphs (6) to (26) of this subparagraph 

or in subparagraphs c. or d. of this 

paragraph. Decisions to grant or deny a Low 

Security Employee License shall be consistent 
with the principles set forth in subsection A 

of section 6 of the Compact. 

f) The Tribal Gaming Commission may reject an 

application if the applicant has not provide 

all of the information requested in the 

application. 

6. Denial of employment or a License by the Tribal 

Gaming Commission is final. 

Waiver of Discnralifvinq Criteria. 

a) If a prospective Primary Management Official, 

High Security Employee, or Low Security 

Employee is disqualified for licensing or 

employment under the provisions of paragraph 

5. above, and the Tribal Gaming Commission 

believes that there are mitigating 

circumstances that justify waiver of the 

disqualifying factor, the Tribal Gaming 

Commission may give written notice to the 

State asking to meet and confer concerning 

waiver of the disqualification. The Tribal 

Gaming Commission and the State shall meet 

within 15 days after written notice is given. 

b) In order to waive disqualification of 

licensing or employment of any prospective 

Primary Management Official, High Security 

Employee, or Low Security Employee, both the 

Tribal Gaming Commission and the State must 

agree on the waiver. 

C) Waiver of disqualification of licensing or 

employment may be based on one or more of the 

following circumstances: 

(1) Passage of time since conviction of a 

crime; 

(2) The applicant's age at the time of 

conviction; 

(3) The severity of the offense committed; 

(4) The overall criminal record of the 

applicant; 

(5) The applicant's present reputation and 

standing in the community; 
(6) The nature of the position for which the 

application is made. 

a) The Tribal Gaming Commission may issue a 

temporary License to High Security Employees 

14 days after submission of the application to 

the Oregon State Police. The temporary 

License shall expire and become void upon 

completion of the background check and award 

or denial of a permanent License. 

b) The Tribal Gaming Commission may employ Low 

Security Employees on probation upon 

submission of the application to the Oregon 

State Police. Any Low Security Employee shall 

be sub j ect to immediate terminat ion during 

probation if the Tribal Gaming Commission 

determines that the employee does not meet the 

criteria established in sub-subparagraphs (1) 

to (5) of subparagraph a. above. 

9. Backqround investiqation durinq em~lovment. The 

Tribal Gaming Commission may request the State to conduct 

additional background investigations of any gaming employee at any 

time during the term of employment. The State shall report to the 

Tribal Gaming Commission any cause for the revocation of License 

and dismissal of any employee under the criteria established in 

paragraph 5 of subsection A above, and furnish the Tribal Gaming 

Commission with copies of all relevant information. The Tribal 

Gaming Commission shall review the State's report and supporting 

materials and if the Tribal Gaming Commission concludes that good 

cause for dismissal is shown under the criteria established in 

paragraph 5 of subsection A above, the subject employee may be 

dismissed. An employee shall be dismissed if the Tribal Gaming 

Commission would have been required to deny a License and 

employment to that employee under the provisions of paragraph 5 of 

this subsection. 

10. Duration of License and renewal. Any employee 

License shall be effective for not more than three (3) years from 

the date of issue except that a Licensed employee who has applied 

for renewal may continue to be employed under the expired License 

until final action is taken on the renewal application in 

accordance with the provisions of paragraphs 2 to 5 of subsection 

A above. The effective date and period shall be stated on the face 

of the License. Applicants for renewal shall provide a renewal fee 

and updated information to the Tribal Gaming Commission but will 

not be required to resubmit historical data already provided. 
11. Revocation of License. 

a) , The Tribal Gaming Commission may revoke the 

License of any employee pursuant to 

regulations promulgated by the Tribal Gaming 

Commission. The Tribal Gaming Commission 

shall revoke the License of any employee upon 

determination that an event has occurred that 

would have prohibited the Tribal Gaming 

Commission from 1 icensing the employee under 

the criteria described in paragraph 5 of 

subsection A above. 

If, after the issuance of a gaming License, 

the Tribal Gaming Commission receives from the 

NIGC reliable information indicating that a 

Primary Management Official, High Security 

Employee or Low Security Employee is not 

eligible for employment under I.G.R.A., the 

Tribal Gaming Commission shall suspend such 

License and shall notify in writing the 

licensee of the suspension and the proposed 

revocation. 

c) The Tribal Gaming Commission shall notify the 

licensee of a time and a place for a hearing 

on the proposed revocation of a License. 

d) After a revocation hearing, the Tribal Gaming 

Commission shall decide to revoke or to I reinstate a gaming License. The Tribal Gaming 

Commission shall notify the NIGC of its 

decision. 

12. The decision of the Tribal Gaming Commission to 

grant a License to a Primary Management Official, High Security 

Employee or Low Security Employee is subject to the review and 

approval of the NIGC as provided in Section 14 of this Ordinance. 

13. The Tribal Gaming Commission shall insure that the 

Primary Management Officials maintain a procedural manual for 

employees that includes rules and regulations of conduct and 

disciplinary standards for breach of procedures and that prohibits 

violations of this Ordinance, I.G.R.A., the Compact and other 

applicable law. 

B. Contracts with Manufacturers and Su~~liers. 

1. The Primary Management Officials shall contract with 

all manufacturers or suppliers of goods or services related to the 

play of Class I11 games authorized by the Compact before conducting 

any business related to Class I11 games. 
2. The Tribal Gaming Commission shall submit any 

proposed Class I11 Gaming Contract to the State for review and 

comment, and for a background investigation of the contract License 

applicant. The Tribal Gaming Commission may require that Class I1 

Gaming Contract or applicants be subject to background 

investigation by the State or Tribal Police Department. 

3. A background investigation may be conducted by the 

State on all Class I11 Gaming Contract applicants or contractors. 

The level of investigation will be determined by whether the 

individual procurement is classified as a Major Procurement, Minor 

Procurement or Sensitive Procurement. The level of investigation 

for a Major Procurement and Sensitive Procurement shall be more 

intense than that for a Minor Procurement. 

4. All Class I1 and I11 Gaming Contract applicants, and 

any owner or Influential Employee of an applicant, shall provide 

all Personal and business information required by the Tribal Gaming 

Commission and/or State to conduct the background investigation. 

5. The Tribe shall not enter into any Class I11 Gaming 

Contract that does not grant the State or the Tribal Gaming 

Commission access to the contractor's business and financial 

records. The Tribe shall not enter into any Class I1 Gaming 

Contract that does not grant the Tribal Gaming Commission access to 

the contractor's business and financial records. 

6. Criteria for Denial of Contract A~~lication. 

a) The Tribal Gaming Commission shall deny a 

Class I11 Gaming Contract application for a 

Major or Sensitive Procurement if the 

applicant, or any owner or Influential 

Employee of the applicant has been convicted 

of a crime, or is the subject of a civil 

judgment based upon facts that constitute the 

elements of a crime described in subparagraph 

a of paragraph 5 of subsection A above. 

b) The Tribal Gaming Commission shall deny a 

Class I11 Gaming Contract application for a 

Major or Sensitive Procurement if the 

applicant, or any owner or Influential 

Employee of the applicant, has associated in a 

business relationship, whether as a partner, 

joint venturer or employer, with any other 

Person who has been convicted of one of the 

crimes listed in subparagraph a of paragraph 5 

of subsection A above. The Tribal Gaming 

Commission shall deny a Class I11 Gaming 

Contract to any applicant, if the applicant, 

or any owner or Influential Employee of the 
applicant, was employed by any other Person 

who has been convicted of one of the crimes 

listed in subparagraph a of paragraph 5 of 

subsection A of this section, if the 

applicant, owner or Influential Employee was 

in any way involved in or aware of the 

criminal activity as it occurred. 

C) The Tribal Gaming Commission shall deny a 

Class I11 Gaming Contract application for a 

Minor Procurement if the applicant, or any 

owner or Influential Employee of the 

applicant, has been convicted of a crime 

described in sub-subparagraphs (1) to (5) of 

subparagraph a of paragraph 5 of subsection A 

of this section, or is the subject of a civil 

judgment based upon facts that constitute the 

elements of a crime described in subsubparagraphs (1) to (5) of subparagraph a of 

paragraph 5 of subsection A of this section. 

d) The Tribal Gaming Commission shall deny a 

Class I11 Gaming Contract License application 

if: 

(1) The applicant fails to disclose any 

material fact to the Tribal Gaming 

Commission or the State or their 

authorized agents during a background or 

security investigation; or 

(2) The applicant misstates or falsifies a 

material fact to the Tribal Gaming 

Commission or the State during a 

background or security investigation. 

e) The Tribal Gaming Commission may deny any 

Class I11 Gaming Contract License application 

for any reason the Tribal Gaming Commission 

deems sufficient. Such decisions to deny a 

Class I11 Gaming Contract application shall be 

consistent with the principles set forth in 

subsection A of section 6 of this Compact. In 

determining whether to deny a Class I11 Gaming 

Contract application, the factors to be 

considered by the Tribal Gaming Commission 

shall include, but need not be limited to the 

reasons described in subparagraph d of 

paragraph 5 of subsection A of this section. 
f) The Tribal Gaming Commission may deny any 

Class 111 Gaming Contract License application 

if: 

(1) A Person who is unqualified or 

disqualified to be a Class I11 Gaming 

Contractor owns, is an agent of or has 

any other interest in the applicant, 

regardless of the qualifications of the 

Person who seeks approval as a 

contractor; 

The applicant demonstrates inadequate 

financing for the business proposed under 

the type of contract for which 

application is made. In determining 

whether financing is adequate, the Tribal 

Gaming Commission shall consider whether 

financing is from a source that meets the 

qualifications of paragraph 5 of 

subsection A of this section, or 

paragraph 6 of subsection B of this 

section and whether that financing is in 

an amount to ensure the likelihood of 

success in the performance of the 

contractor's duties and responsibilities; 

or 

(3) The applicant or its employees fail to 

demonstrate business ability and 

experience to establish, operate, and 

maintain the business for the type of 

contract for which application is made. 

g) In evaluating whether to deny a contract 

related to Class I11 Gaming based on 

subparagraph e or f. of paragraph 6 of 

subsection B of this section, the Tribal 

Gaming Commission may consider the following 

factors : 

(1) The nature and severity of the conduct 

that constituted the offense or crime; 

(2) The time that has passed since 

satisfactory completion of the sentence, 

probation, or payment of the fine 

imposed; 

(3) The number of offenses or crimes; and 
(4) Any extenuating circumstances that 

enhance or reduce the impact of the 

offense or crime on the security, 

integrity, honesty, and fairness of the 

Tribal gaming enterprise. 

h) No Person applying for a Class 111 Gaming 

Contract License shall own, manufacture, 

possess, operate, own an interest in, or gain 

income or reimbursement in any manner from 

video gaming devices in any jurisdiction 

unless the devices are approved and certified 

by another state Lottery, gambling or gaming 

control agency, Indian Tribe, National Indian 

Gaming Commission, or foreign country, that 

has jurisdiction to approve that activity, and 

such ownership, manufacture, possession, 

operation, or income is disclosed to the 

Tribal Gaming Commission. 

i) The Tribal Gaming Commission may deny a Class 

I1 Gaming Contract License based upon any of 

the criteria for denial of a Class I11 Gaming 

Contractor License as provided in this 

subsection. 

j) The Tribal ~aming Commission may reject an 

application for either a Class I1 or Class I11 

Gaming Contract License if the applicant has 

not provided all of the information requested 

in the application. 

7. Contractor Reportinq Reauirements. 

a) All Class I11 Gaming Contractors shall submit 

to the Tribal Gaming Commission and the State 

any financial and operating data requested by 

the Tribal Gaming Commission or the State. 

All Class I1 Gaming Contractors shall submit 

to the Tribal Gaming Commission any financial 

and operating data requested by the Tribal 

Gaming Commission. 

b) The Tribal Gaming Commission and the State as 

authorized in this subparagraph, may specify 

the frequency and a uniform format for the 

submission of such data. 

C) The Tribal Gaming Commission, the State, or 

their agents reserve the right to examine 

contractor tax records and the detailed 

records from which the tax reports are 
compiled. The State's authority is limited to 

the tax records of Class I11 Gaming I Contractors. 

8. Duration of License and Renewal. 

Any Contractor License shall be effective for not more than 

three (3) years from the date of issue. Applicants for renewal 

shall provide a renewal fee and updated information to the Tribal 

Gaming Commission but will not be required to resubmit historical 

data already provided. 

9. Revocation of License. 

a) The Tribal Gaming Commission may revoke the 

License of any contractor pursuant to 

regulations promulgated by the Tribal Gaming 

Commission. The Tribal Gaming Commission 

shall revoke the License of any contractor 

upon determination that an event has occurred 

that would have prohibited the Tribal Gaming 

Commission from licensing the contractor under 

the criteria described in paragraph 6 of this 

subsection. 

Fees for ADD~OV~~ of Em~loyment Licenses and Contracts. 

1. The State shall be reimbursed its costs for approval 

of employee and contractor Licenses, in accordance with the terms 

of the Compact. 

2. The fees for State background investigations and 

review of employee and contractor Licenses applications shall be 

set pursuant to a Memorandum of Understanding between the parties 

to be negotiated annually. 

3. Should actual costs incurred by the State exceed the 

fees agreed to by, the parties in the annual Memorandum of 

Understanding, the State will assess those additional costs to the 

Tribal Gaming Commission during or after the investigation. The 

applicant is required to pay the License fee in full prior to 

issuance of the contract or License except that interim contracts 

or Licenses shall be issued for the period of time that a dispute 

is pending as contemplated at paragraph 4 of this subsection. 

D. Manauement Contracts. 

1. The Primary Management Official shall provide the 

State and Tribal Gaming Commission at all times with a current copy 

of any management agreement with the Tribe that allows it to 

conduct Class I11 Gaming on the Burns-Paiute Tribal trust land. 
2. The primary Management Official shall furnish to the 

Tribe, the Tribal Gaming Commission and the State complete 

information pertain'ing to any transfer of controlling interest in 

the management company at least 30 days before such change; or, if 

the Primary Management Official is not a party to the transaction 

effecting such change of ownership or interests, immediately upon 

acquiring knowledge of such change or any contemplated change. 

Section 14. National Indian Gamins Commission Review of 

Em~lovee Licenses 

A. Report to the National Indian Gamins Commission. 

1. The Tribal Gaming Commission shall prepare and 

forward to the NIGC an investigative report on background 

investigations for each Primary Management Official, High Security 

Employee or Low Security Employee. The investigative report shall 

be submitted to the NIGC within 60 days after such employee begins 

work in the Tribal Gaming Facility. The investigative report shall 

include all of the following: 

a) Steps taken in conducting a background 

investigation; 

b) Results obtained; 

c) , Conclusions reached; and 

d) The bases for those conclusions. 

2. The Tribal Gaming Commission shall submit, with the 

report, a copy of the License eligibility determination made under 

Section 13 A of this Ordinance. 

3. If a License is not issued to an applicant, the 

Tribal Gaming Commission: 

a) Shall notify the NIGC; and 

b) May forward copies of its eligibility 

determination and investigative report (if 

any) to the NIGC for inclusion in the Indian 

Gaming Individuals Records System. 

4. No Primary Management Official, High Security 

Employee or Low Security Employee may be employed at the Tribal 

Gaming Facility for longer than ninety (90) days without the 

necessary License. 

5. With respect to Primary Management Officials, High 

Security Employees and Low Security Employees, the Tribal Gaming 

Commission shall retain applications for employment and reports (if 
any) of background investigations for inspection by the Chairman of 

the NIGC or his or her designee for no less than three (3) years 

from the date of termination of employment. 

B. Grantins a Gamins License 

1. If, within a thirty (30) day period after the NIGC 

receives an investigative report, the NIGC notifies the Tribal 

Gaming Commission that it has no objection to the issuance of a 

License pursuant to a License application filed by a Primary 

Management Official, High Security Employee or Low Security 

Employee for whom the Tribal Gaming Commission has provided an 

application and investigative report to the NIGC, the Tribal Gaming 

Commission may issue a License to such applicant. 

2. The Tribal Gaming Commission shall respond to a 

request for additional information from the Chairman of the NIGC 

concerning a Primary Management Official, High Security Employee or 

Low Security Employee who is the subject of an investigative 

report. Such a request shall suspend the 30-day period under 

subsection B 1 of this Section until the Chairman of the NIGC 

receives the additional information. 

3. If, within the thirty (30) day period described 

above, the NIGC provides the Tribal Gaming Commission with a 

statement itemizing objections to the issuance of a License to a 

Primary Management Official, High Security Employee or Low Security 

Employee for whom the Tribal Gaming Commission has provided an 

application and investigative report to the NIGC, the Tribal Gaming 

Commission shall reconsider the application, taking into account 

the objections itemized by the NIGC. The Tribal Gaming Commission 

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

applicant. 

Section 15. License Sus~ension and Revocation. 

A. Suswension and Revocation. 

1. Any License issued by the Tribal Gaming Commission 

shall be suspended, without prior notice, if the National Indian 

Gaming Commission, after notification by the Tribal Gaming 

Commission of the issuance of a License, and after appropriate 

review, indicates that a Primary Management Official, High Security 

Employee or Low Security 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. 

2. The Tribal Gaming Commission shall immediately 

suspend, and after notice and hearing, revoke the License issued 

pursuant to this Ordinance to any Person or Entity who is or 

becomes ineligible to hold a License under this Ordinance or who 

violates any provision of this Ordinance, or of 25 U. S.C. § 2701 et 
seq., or of 18 U.S .C. § 1163 or regulations promulgated and adopted 

thereunder. 

B. Revocation Notice. 

1. The Tribal Gaming Commission shall promptly notify 

in writing any Licensee whose License has been or will be revoked 

and shall include in said notice: 

a) The effective date of the revocation; 

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 Licensee's receipt of the 

revocation notice. 

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

National Indian Gaming Commission. 

C. Revocation Hearinq. 

1. A 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 Tribal Court and the Tribal Gaming 

Commission no later than 10 days af'ter the Licensee receives notice 

that his/her License has been revoked. The notice of appeal shall 

clearly state the reason(s) why the Licensee believes his/her 

License should not be revoked. 

2. Upon receipt of the notice of appeal of the License 

revocation, the Tribal Court shall schedule a revocation hearing to 

be conducted within twenty (20) days of receipt of the Licensee's 

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. 

3. The Licensee and the Tribal Gaming Commission may be 

represented by legal counsel at the revocation hearing. The 

Licensee and the Tribal Gaming Commission may present witnesses and 

evidence in support of their respective positions and may examine 

witnesses and evidence presented by the opposing side. 

4. The Tribal Court shall issue its decision no later 

than ten (10) working days following the revocation hearing. The 

decision of the Tribal Court shall be final and conclusive, and no 

appeal to a higher court shall be allowed. 

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

revocation of a License shall be sent to the Tribal Gaming 

Commission and NIGC'. 
D. Awplication for Relicensinq. 

No Person, Entity or Contractor whose Gaming License has been 

revoked shall be eligible for a new License until 12 months after 

the effective date his/her License was revoked. 

111. CLASS I1 GAMING 

Section 16. Definitions. 

1. "Bingo" means Bingo as defined in Section 3 of this 

ordinance. 

2. "Bingo Occa~ion~~ means a single session or gathering 

at which a series of successive Bingo games are played. 

3. "Card gamesn means Non-Banking Card Games played in 

conformity with Oregon State law regulating hours, wagers and pot 

limitations. For purposes of this definition, Oregon State law 

does not include county or municipal laws or regulations. 

4. "Game Card" and !!Bingo Game CardH means a Regular or 

Special Bingo Card. 

5. "Pull Tabs" means factory covered tickets which are 

purchased and opened by customers revealing a predetermined winning 

arrangement. 

6. "Punch Board" means a small board that has many 

holes, each filled with a rolled up printed slip to be punched out 

upon payment of a Player fee, in an effort to obtain a slip that 

entitles the Player to a designated Prize. 

7. "Regular Bingo CardN means a board card issued to a 

Person upon payment of admission fee which affords a Person the 

opportunity to participate in all regular Bingo games played at a 

Bingo occasion. 

8. "Special Bingo Cardu means a disposable, specially 

marked Bingo card which affords a Person the opportunity to 

participate in a special Bingo game for special Prizes, or a game 

card generated by and appearing on the screen of a computer 

employed by the Gaming Facility and assigned to a Player for a 

Bingo game ( s ) . 

9. "Special Bingo Gametf means any Bingo game which is 

not a regular Bingo game and which is played with special Bingo 

cards whether or not for special Prizes. 

10. "Tip Jars" means a game of chance, wherein a Person 

upon payment of a fee, is permitted to reach into, or tip a jar 
containing printed slips, and extract one slip in an effort to 

obtain a slip that entitles the Player to a designated Prize. 

Section 17. Authorization to Conduct Class I1 Gaminq. 

A. Class I1 Gaming shall be owned and operated exclusively 

by the Tribe, and no License to own or operate any Class I1 Gaming 

shall be issued to any other Person or Entity. Class I1 Gaming on 

Burns-Paiute Indian Lands shall only be authorized at the Tribal 

Gaming Facility. 

B. The Manager or operator of the Tribal Gaming Facility 

shall obtain a License as a condition of conducting a Class I1 

Gaming activity in the Facility. 

Section 18. Manauement Contracts. 

The Burns-Paiute Tribe may enter into a management contract 

for the operation and management of Class I1 Gaming activities. 

Each such contract must comply with the provisions of this 

Ordinance, other applicable provisions of Tribal law (including, 

but not limited to, Tribal Employment Rights Ordinance), and 

provisions of federal law (including, but not limited to, 25 U.S.C. 

§ 2711). 

Section 19. Games Permitted. . 

A. The Tribe, or any Manager under contract to manage the 

Tribal Gaming Facility, may conduct Bingo and Non Banking Card 

Games . 

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

conspicuously posted at each entrance to the Tribal Gaming Facility 

each week in which games will be conducted. The schedule must 

include a statement of the Prizes offered for each game. 

Section 20. Binuo Game Cards. 

A. The Manager of the Tribal Gaming Facility shall provide 

the game cards to be used for each Bingo game conducted and each 

card shall be marked to indicate that the issuing facility is the 

Tribal Gaming Facility. 

B. Special Bingo cards must be issued separately from 

regular Bingo cards, and must be specially marked to indicate the 

particular special Bingo game, including date, and the facility of 

issuance. In the case of computer-generated cards, the computer 

must be programmed to lock on a card at the start of the game, 

prior to calling of the first number or designated symbol, so as 

not to permit altering or changing of the card during the game, and 

every winning card be verified. A special Bingo card shall be 

valid only for the designated game. 
- I 

Section 21. Player Limitation. 

The number of Persons 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 Tribal Gaming 

Facility or in any room in the facility shall not exceed the 

limitation of the number permissible under the applicable fire, 

building or other safety codes or standards. 

B. The number of people permitted to play any Bingo game 

shall not exceed the number of seats available in the room(s) in 

which the game is being played. 

Section 22. Entry Prohibited. 

No Person may enter any room in which a Bingo game is being 

played unless the Person is a Player, except facility employees and 

Persons present by authority of the Gaming Commission, for purposes 

of inspection or regulatory duties. 

Section 23. Hours of meration; Notice to Commission. 

Class I1 Gaming may be conducted 24 hours a day, seven days a 

week, as determined by the Manager ,or operator of the Tribal Gaming 

Facility. The Manager or operator shall notify the Tribal Gaming 

Commission of its schedule for hours of operation seven days before 

the opening of the Tribal Gaming Facility, and shall provide 

written notice of any subsequent change of the schedule of hours of 

operation three days prior to the effective date of the new 

schedule. 

CLASS I11 GAMING 

Section 24. Exclusive owners hi^ bv Tribe. 

Class I11 Gaming shall be owned and operated exclusively by 

the Tribe, and no License to own or operate any Class I11 Gaming 

shall be issued to any other Person or Entity. 

The Manager or operator of the Tribal Gaming Facility shall 

obtain Facility License as a condition of operating a Class I11 

Gaming operation. 

Section 25. Authorized meration. 

A. The Tribe, or any Manager or operator under contract to 

manage the Tribal Gaming Facility may operate Class I11 Gaming at 

the Tribal Gaming Facility on Burns-Paiute Indian Lands. 
B. The Tribe, or any Manager or operator under contract to 

manage the Tribal ~aming Facility shall submit its proposed Class 

I11 operation, which shall be approved by the Gaming Commission if: 

1. the proposed facility is in compliance with safsty 

requirements of this Ordinance; and 

2. the Class I11 Gaming proposed is consistent with 

the Compact; and 

3. the Class I11 Gaming operation proposal complies 

with all applicable Federal and Tribal laws and 

regulations. 

Section 26. Manaqement Contracts. 

The Tribal council may enter into a management contract for 

the operation and management of Class I11 Gaming activities. Each 

such contract must 'comply with the provisions of this Ordinance, 

the Compact, other applicable provisions of Tribal law (including, 

but not limited to, Tribal Employment Rights Ordinance), and 

provisions of federal law (including, but not limited to, 25 U. S. C. 

§ 2711). 

Section 27. Games Permitted. 

A. The Tribe may conduct any Class I11 game or games 

permitted pursuant to the Compact. 

B. The Tribe may conduct any Class I11 game which is first 

legalized within the State of Oregon after the date of the Compact 

then in effect, or which heretofore becomes permitted on Indian 

Lands under federal law, pursuant to the Compact or amendments 

thereto. 

Section 28. Resulation and Inswection. 

A. Class I11 Gaming shall be regulated by the Tribal Gaming 

Commission, which shall adopt all necessary and appropriate rules 

and regulations for Class I11 Gaming including but not limited to: 

1. Game rules and conduct 

2. Public display of rules requirements 

3. Gaming Facility requirements 

4. Permitted games specifications and requirements 

B. The Tribal Gaming Facility shall be open at all usual 

business hours for inspection by the Tribal Gaming Commission, and 
the State officials designated by the State of Oregon pursuant to 

the Compact. 

Section 29. Hours of Operation. 

Class 111 Gaming may be conducted 24 hours a day, seven days 

a week, as determined by the Manager or operator of the Tribal 

Gaming Facility. The Manager or operator shall notify the Tribal 

Gaming Commission of its schedule for hours of operation seven days 

before the opening of the Tribal Gaming Facility, and shall provide 

written notice of any subsequent change of the schedule of hours of 

operation three days prior to the effective date of the new 

schedule. 

V. RECORDS AND AUDITS 

Section 30. Records Maintenance. 

The Tribal Gaming Facility shall maintain accurate and up-todate records for each gaming activity conducted. 

Records shall include records of: 

1. all financial transactions; 

2. all gaming machine testing, malfunctions, 

maintenance and repairs; 

3. personnel ; 

4. complaints of patrons and resolution thereof; 

5. Gaming Facility in-house investigations of 

incidents and accidents of any kind; 

6. actions by Gaming Facility against Players or 

facility visitors; 

7. actions by Gaming Facility against or in reprimand 

of employees; and 

8. tax records or information provided to the State or 

Federal government as required by the Compact or 

Federal law. 

Section 31. Independent Audits. 

A. Gamins Activities Licensed or Conducted bv the Tribe. 

The Tribal Gaming Commission shall require, and the Tribal 

Council shall cause, an audit to be conducted each year on all 

Class I1 and Class I11 Gaming activities Licensed or conducted at 
the Tribal Gaming Facility. Such 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. 

B. Contracts for Su~~lies, Services or Concessions. 

Each contract for supplies, services, or concessions with a 

contract amount in excess of $25,000 annually (except contracts for 

professional legal or accounting services) relating to a Class I1 

or Class I11 Gaming activity shall be subject to the independent 

audit required by subparagraph (A), above. 

C. Audit Re~0rt to be Provided to National Indian Gaming 

Commission. 

The Tribal Gaming Commission shall furnish a copy of each 

annual gaming activities audit report to the Gaming Committee and 

the National Indian Gaming Commission, as required by 25 U.S.C. § 

2710 (b) (2) (C) . 

DISPUTE RESOLUTION AND VIOLATIONS PROCEDURES 

Section 32. Resolution of ~is~utes Between Gaminq Facility 

Customer and Manauer 

A. Customers of the Tribal Gaming Facility who dispute any 

decision made by employees of the Tribal Gaming Facility relevant 

to their participation in Class I1 or Class I11 Gaming operations 

shall have their dispute resolved as provided in this Section. 

B. The customer with the dispute shall file a written 

statement of the facts or circumstances of the dispute with the 

manager of the Tribal Gaming Facility within five days of the 

dispute. The manager shall have three (3) days to prepare its 

written response to the customer. The manager shall provide copies 

of the customer statement and its response to the Tribal Gaming 

Commission. 

C. In the event the customer is dissatisfied with the 

response from the manager of the Tribal Gaming Facility the 

customer may request a hearing before the Tribal Gaming Commission. 

This request must be submitted to the Commission within seven days 

of the response from the manager of the Tribal Gaming Facility. 

The Commission shall notify the customer and manager of the time 

and place set for the hearing in writing at least five days before 

the hearing. The Commission shall hold a hearing within 20 days of 

its receipt of the request for a hearing. The customer shall be 

authorized to submit written and oral evidence in support of 
his/her claim. The manager shall also attend the hearing to 

respond to the claim(s) made by the customer. The decision of the 

Tribal Gaming Commission shall be final. 

D. The manager of the Tribal Gaming Facility shall provide 

notice to the customers of the Tribal Gaming ~acility of this 

dispute resolution procedure. In addition, the manager shall also 

make forms for filing a claim against the manager available to 

customers of the Tribal Gaming Facility. 

Section 33. Crimes; Penalties. 

A. It shall be unlawful for any Person to: 

1. Operate or participate in gaming on Burns-Paiute 

Indian Lands 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 an employment or contractor License application 

as required in this Ordinance; or 

3. Bribe or attempt to bribe, or unduly influence or 

attempt to unduly influence, any Person who 

Licenses, operates, conducts, assists, or is 

otherwise employed in a gaming activity or 

enterprise located on Burns-Paiute Indian Lands. 

B. Any Indian who violates a provision of this Ordinance or 

of other Tribal law relating to gaming activities may be fined not 

more than $1,000 and/or imprisoned for up to one year for each 

violation. A separate violation occurs on each day that a 

violation arises or continues. 

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

provision of this 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 accordance with 

principles of due process. If no objection is raised, or the 

objection is not sustained, 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 jurisdiction of 

the Burns-Paiute Tribe. 

Section 34. Civil Penalties. 

A. Any Person or Entity who violates any term or condition 

of any License issued pursuant to this Ordinance or any provision 

of a management contract issued pursuant to Sections 18 and/or 26 
or Section 33, above, may be assessed a civil penalty by 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 Tribal Court. Each violation shall be treated 

separately and may be assessed as a separate violation. 

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

shall not exceed $5,000 per violation, or twice the amount of any 

grand Prize awarded in a gaming activity which is directly 

associated with the violation, whichever is greater. 

C. Civil penalties provided for in this Section may be 

imposed in addition to the criminal penalties provided for in 

Section 34 above. 

Section 35. Enforcement. 

After any Person or Entity fails or refuses to pay a final 

assessment levied pursuant to Section 33 and/or 34 above, the Tribe 

may proceed to collect the assessment by initiating a civil action 

against the Person or Entity in the Tribal Court or in any other 

court of competent jurisdiction. In such civil action, validity 

and amount of the assessment shall not be subject to judicial 

review. The Tribe shall be entitled to all remedies in law or in 

equity that are available to civil litigants generally. 

VI. VALIDITY OF ORDINANCE 

Section 36. Severabilitv. 

If any provision or provisions in this Ordinance are held 

invalid by a court of competent jurisdiction, this Ordinance shall 

continue in effect as if the invalid provision(s) were not a part 

hereof. 

Section 37. Re~eal of Inconsistent Tribal Law 

To the extent they are inconsistent with this Ordinance, all 

prior Bingo or gaming codes or ordinances, or other provisions of 

Tribal law relevant to gaming, are hereby repealed. 

Section 38. Effective Date of Ordinance. 

This Ordinance shall take effect upon adoption of the Tribal 

Council and approval by the National Indian Gaming Commission. 
CERTIFICATION 

The foregoing Gaming Ordinance was approved by Resolution 97- 

07, on April 24, 1997, duly adopted by a vote of 5 for, and 

1 against, by theTribal Council pursuant to authority vested in 

it by the Constitution of the Burns-Paiute Tribe. 

BURNS-PAIUTE TRIBE 

Tribal Council