AUG 2 0 2012 

Mr. Dale Delgado, Jr. 

Tribal chairman 

Bishop Tribal Council 

50 Tu Su Lane 

Bishop, CA 93514 

RE: Gaming Ordinance Amendments, Resolution Nos. T2012-28 and 

T2012-40 

Dear Mr. Delgado: 

This letter responds to your request on behalf of the Bishop Paiute Tribe for 

the National Indian Gaming Commission (NIGC) to review and approve the Tribe's 

gaming ordinance. The gaming ordinance was adopted by the Bishop Tribal 

Council in Resolutions T2012-28 and T2012-40. 

Resolution No. T2012-28 amends the criteria for tribal gaming licenses, the 

requirements for membership on the Gaming Commission, thk dutik of the Gaming 

Commission, and makes other technical corrections to the ordinance. Resolution No. 

T2012-40 makes additional technical corrections to the ordinance. 

Thank you for bringing the amended gaming ordinance to our attention. The 

ordiice is approved, as it is consistent with the requirements of the Indian 

Gaming Regulatory Act and NIGC regulations. If you have any questions, please 

contact Staff Attorney Alison Grigonis at (202) 632-7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

Cc: Bishop Tribal Council 
BISHOP TRIBAL COUNCIL 

RESOLUTION T2012-28 

SUBJECT: Adoption and approval of Amended Tribal Gaming Ordinance identified as No. 

2012-05 

WHEREAS: The Bishop Tribal Council is the federally recognized governing body of the 

Bishop Paiute Tribe; and 

WHEREAS: The Bishop Paiute Tribe (Tribe) is engaged in Class I1 and Class III Gaming 

conducted in accordance with this Gaming Ordinance as amended and approved 

by the National Indian Gaming Commission (NIGC) all pursuant to the Indian 

Gaming Regulatory Act (IGRA); and 

WHEREAS: After extensive review including meetings with the Tribe's Gaming Commission, 

it has been determined that the existing Tribal Gaming Ordinance as last amended 

and approved by the NIGC April 2,2007, should be fiuther amended to reflect 

ongoing changes in the Tribal Gaming industry and scope of Tribal Gaming 

Regulations. 

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That the Bishop Tribal Council 

hereby approves and adopts Tribal Gaming Ordinance identified as Tribal Ordinance No. 2012- 

05 this May 24,2012 subject to formal approval of the NIGC and hereby rescinds Resolution 

T2012-23. 

IT IS FURTHER RESOLVED: That the Tribal Council designates the Chainnan of the Tribal 

Council and the Tribal Council Secretary as being authorized to sign the amended Tribal Gaming 

Ordinance approved and adopted this May 24,2012. 

RESOLUTION T2012-28 5.23.12 

PAIUTE PROFESSIONAL BUILDING 50 TU SU LANE BISHOP, CA 93514 

PHONE (760) 873-3584 FAX (760) 873-4143 
CERTIFICATION 

We, the undersigned, as the Chairman and Secretary of the Bishop Tribal Council, hereby 

ceaify the Bishop Tribal Council, at a duly called meeting which was convened and held on the 

24'h day of May, 2012, at the Tribal offices in the 

resolution, at which a quorum was present voting 

ABSTAINING, with the Tribal Chairman not voting, and that this resolution has not been 

rescinded or amended in any way. 

RESOLUTION T2012-05 

ATTEST: / 

4&&* 

Earleen ~illi&s, Tribal Secretary 

RESOLUTION T2012-28 5.23.12 

Date & 

Date 5 -2 r/-/a 

PAIUTE PROFESSIONAL BUILDING 50 TU SU LANE BISHOP, CA 93514 

PHONE (760) 873-3584 FAX (760) 873-4143 
c3. - ' 

,. -- --&$ -aBISHOP TRIBAL COUNCIL 

2 RESOLUTION T2012-40 

SUBJECT: Adoption and appmval of Amended Tribal Gaming Odmance identified as No. 

2012-05 

WHEREAS: The Bishop Tribal Council is the federally recognized governing body of the 

Bishop Paiute Tribe, and 

WHEREAS: The Bishop Paiute Tribe (Tribe) is engaged in Class 11 and Class 111 Gaming 

conducted in accordance with this Gaming Ordinance as amended and apprwed 

by the National Indian Gaming Commission (NIGC) all pursuant to the Indian 

Gaming Regulatory Act (IGRA); and 

WHEREAS: By cover letter dated May 24,2012, the Tribal Chairman on behalf of the Bishop 

Paiute Tribal Council forwarded to the NIGC Resolution T2012-28 and a copy of 

the proposed Amended Gaming Ordinance referred to as Ordinance No. 2012- 

0S;and 

WHEREAS: The NlGC has requested that amendments be made to Ordinance No. 2012-05. 

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That Sections 118 and 312 are 

amended as follows. Section 1 18 is amended to read as follows: 

Section 118. "Owner or Contflig Person" means: 

(a) When a person is a party to a management contract, any person having a direct 

financial interest in such management contract; 

(b) When a trust is a party to a management contract any benefxiary or trustee; 

(c) When a partnership is a party to a management contract, any partner; 

(d) When a corporation is a party to a management contract, any person who is a director 

or who holds at least 5% of the issued and outstanding stock alone or in combination 

with another stockholder who is a spouse, parent, child or sibling when the 

corporation is publicly traded or the top ten (10) shareholders for a privately held 

corporation; 

RESOLUTION T201l-40 8.07.11 

PAIUTE PROFESSIONAL BUILDING 50 TU SU LANE BISHOP, CA 93514 

PHONE (760) 873-3584 FAX (760) 873-4143 
(e) When an entity other than a natwal person has an interest in a trust, pmtnership or 

corporation that has an interest in a management contract, all parties of that entity are 

deemed to be psons having a direct financial interest in a management contract; or 

(Q Any person or entity who will receive a portion of the direct or indirect interest of any 

person or entity listed above through &bution, grant, pledge, or gift. 

Section 3 12 shall read as follows: 

Section 312. Temooraw Emolovee Licenses. 

The Gaming Commission may issue a temporary license to any person or entity applying for a 

license to work in or do business with a licensed gaming establishment, which shall be valid 

pending the completion of a background investigation of the applicant. In no event shall such a 

temporary license be valid for longer than 90 days. 

We, the undersigned, as the Chairman and Secretary of the Bishop Tribal Council, hereby 

certify the Bishop Tribal Council, at a duly called meeting which was convened and held on the 

7n day of August, 2012, at the Tribal offices in the State of California approved the foregoing 

resolution, at which a quorum was present voting Q_ FOR, 1 AGAINST, A 

ABSTAINING, with the Tribal Chairman not voting, and that this resolution has not been 

rescinded or amended in any way. 

RESOLUTION T2012-40 

ATTEST: /' 

Date !& 

Earleen ~ill&s, Tribal Secretary 

Date 8 -4 7%7 

PAIUTE PROFESSIONAL BUILDING SO TU SU LANE BISHOP, CA 93514 

PHONE (760) 873-3584 FAX (760) 873-4143 
ADOPTED 

FEBRUARY 9,1995 

AMENDED JUNE 15,1995 

AMENDED DECEMBER 20,2006 

AMENDED APRIL 2,2007 

AMENDED MAY 24,2012 

AMENDED AUGUST 7,2012 

TRIBAL GAMING ORDINANCE 

NO. 2012-05 

BISHOP PAIUTE TRIBE 
TRIBAL GAMING ORDINANCE BISHOP PAIUTE TRIBE 

TABLE OF CONTENTS 

.. Chapter 1 - Defin~t~ons ................................................................................ I 

Section: 101 -126 

Chapter 2 . Ordinance ................................................................................. Section 201 Purpose . .................................................................................. Section 202 . Gaming Authorized .................................................................... Section 203 -Ownership of Gaming ................................................................ Section 204 . License Required ...................................................................... Section 205 . Use of Gaming Revenues ........................................................... Section 206 -Audit ....................................................................................... Section 207 . Protection of the Environment and Public Health & Safety .................. 

Chapter 3 . Licensing Procedures ................................................................... Section 301 . License for Class II and Class Ill Key Employees and Primary ............ Management Officials. and Gaming Employees and Non-Gaming 

Employees 

Section 302 -Background Investigation of License Applicants Pursuant to Section ..... 522.22 B . of the Rules and Regulations of the National Indian 

Gaming Commission 

Section 303 -Application Fee .......................................................................... Section 304 . EligibilityISuitability Determination -License GranttDenial .................. Section 305 . Procedures for Forwarding Applications and Reports for Key .............. Employees and Primary Management Official to the National 

Indian Gaming Commission 

Section 306 . Report to the National Indian Gaming Commission ............................ Section 307 . NlGC Contact in Granting a Gaming License ................................... Section 308 . Issuance of a Tribal Gaming License ............................................. Section 309 . Class Ill Gaming ....................................................................... Section 310 . License and Regulation of Class Ill Gaming Activities: Tribal -State ... 

Compact Compliance 

Section 31 1 . Failure of Applicant to Disclose Material Information .......................... Section 312 -Temporary Employment Licenses .............................. ; .................. Section 313 . Parameters of License ................................................................ Section 314 . Licensing of Vendors .................................................................. Section 315 -Licensing of Gaming Facility ........................................................ Section 316 . Non-Transferability of License ..................................................... Section 317 . License Fees ............................................................................ Section 318 . License Suspension ................................................................... Section 319 . Repeal ..................................................................................... 

Chapter 4 . Establishment of the Gaming Commission ..................................... 13 

AMENDED GAMING ORDINANCE 8.07.12 I 
Section 401 . Establishment of the Gaming Commission ...................................... Section 402 . Selection of Chairperson ............................................................. Section 403 . -Quorum . Majority Vote .............................................................. Section 404 . Meetings and Hearings ............................................................... Section 405 -Gaming Commission Qualifications for Membership ............................. Section 406 . -Gaming Commission Staff ........................................................... Section 407 . - Purpose and Authority of the Gaming Commission ........................... Section 408 . Independence ........................................................................... Section 409 . -Compensation .......................................................................... Section 410 -Removal ................................................................................. Section 41 1 . -Vacancies ............................................................................... Section 412 . - Monthly Report ......................................................................... Section 413 . - Prior Notice of Action ................................................................. Section 414 . - Request for Gaming Commission Action ......................................... Section 415 . - Due Process, Appealing Commission Action .................................... Section 416 . -Gaming Commission Findings ...................................................... Section 417 . - Notification of Gaming Commission Decisions ................................. Section 418 . -Authority and Duties of the Commission ......................................... Section 419 . - Right of Inspection ..................................................................... Section 420 . - Confidentiality of Information ........................................................ Section 421 . -Gaming Commission Budget ........................................................ Section 422 . -Sanctions ................................................................................ Section 423 . - Limitations Period ...................................................................... Section 424 . -Violation of Ordinance - Punishment ............................................. Section 425 . - Due Process Regarding Enforcement Actions ................................. Section 426 . - Patron Disputes ........................................................................ Section 427 . -Conflict of Interest ..................................................................... Section 428 . -Audit of Gaming Commission ....................................................... 

Chapter 5 . Management Contract ................................................................... Section 501 .Management Contract ................................................................ 

Chapter 6 .Auditing. Fiscal Oversight. and Internal Controls .............................. Section 601 . Minimum Procedures for Control of Internal Fiscal Affairs ................... Section 602 . -Gaming Commission Oversight of Internal Fiscal Affairs .................... Section 603 . -Gaming Commission' s Rights to Conduct Audit ............................... Section 604 . - Prohibition Against Embezzlement ................................................ 

Chapter 7 Authorization of Gaming ............................................................... Section 701 . Prohibition Against Gaming ......................................................... Section 702 . -Grace Period ............................................................................ Section 703 . -Authorization of Gaming ............................................................. Section 704 . -Approval of Gaming Equipment .................................................... 

Chapter 8 Bannent or Exclusion of Individuals ............................................ Section 801 . List of Undesirables ................................................................... Section 802 .Prohibition Against Listed Individuals ............................................. Section 803 . Prohibition Against Certain Individuals ............................................ 

Chapter 9 . Unlawful Acts ............................................................................ Section 901 . -It is Unlawful for any Person ........................................................ 

AMENDED GAMING ORDINANCE 8.07.12 ii 
Section 902 . Prohibition Against Electronic Aids ................................................ 27 

Section 903 . Violations and Sanctions ............................................................. 27 

Chapter 10 -National Indian Gamina . Commission and Tribalatate Comoact ...... 27 

Section 1001 . -National Indian Gaming Commission Regulations ........................... 28 

Section 1002 . - National Indian Gaming . Commission -Assessment ........................ 28 

Section 1003 . -Compact with the State of California ............................................. 28 

Chapter 11 . Miscellaneous ............................................................................ 28 

Section 1101 . - Security .................................................................................. 28 

Section 1102 . - Maintenance of Ordinance and Regulations ................................... 28 

Section 1103 .Compliance with Other Laws ...................................................... 28 

Section 1 104 . -Amendments .......................................................................... 28 . . Section 1105 . - Severabil~ty ............................................................................. 29 

Section 1106 . - Designated Agent ..................................................................... 29 

Section 1107 . - Law Enforcement ...................................................................... 29 

Section 1108 . - Right to Exclude any Person from the Premises at any Time ............. 29 

Section 1109 . - Permissible Alcohol Beverages .................................................... 29 

Section 11 10 . - Prohibited Substances ............................................................... 29 

Section Ill 1 . - Firearms ................................................................................ 29 

Section 11 12 . - Disorderly Conduct ................................................................... 29 

Section 11 13 . - Enforcement ............................................................................. 30 

Section 11 14 . -Transportation Providers ............................................................. 30 

Section 11 15 . -Agent for Process ...................................................................... 30 

Chapter 12 . Rescinding of Prior Ordinances .................................................... 30 

Chapter 13- Effective Date ............................................................................... 30 

AMENDED GAMING ORDINANCE 8.07.12 
GAMING ORDINANCE 

OF THE 

BISHOP PAIUTE TRIBE 

Chapter I - Definitions 

For the purpose of this Ordinance: 

Section 101. "Applicant" means any person or entity having on file with the Commission an 

application for a gaming license pursuant to Chapter 3 of this Ordinance. 

Section 102. "Application" means the completed forms and information requested by the 

Commission. 

Section 103. "Casino" means: Paiute Palace Casino. 

Section 104. "Class II Gaming" means Class II gaming as defined in accordance with the IGRA 

25 U.S.C. S 2703 (7) (A). 

Section 105. "Class Ill Gaming" means Class Ill gaming as defined in accordance with the 

IGRA, 25 U.S.C. S 2703 (8). 

Section 106. "Compact" means any gaming compact between any state and the Tribe entered 

into pursuant to the IGRA, including any amendments thereto. 

Section 107. "Gaming Commission" means the Bishop Paiute Gaming Commission 

established pursuant to Chapter 4 of this Ordinance. 

Section 108. "Gaming Facilities" means the buildings and associated real property within 

which Class II and Class Ill gaming and other associated commercial activities are conducted. 

Section 109. "General Manager" means the individual who has responsibility for day-today 

operations of a gaming operation. 

Section 110. "Gaming Operation" means all of the Tribe's Class II and Class Ill gaming 

operations conducted pursuant to the Ordinance. "Gaming Operation" means an economic entity 

that is licensed by the Tribe, operates the games, receives the revenues, issues the prizes and 

pays the expenses. 

Section 111. "IGRA" means the Indian Gaming Regulatory Act, Pub. L. 100-497, 25 U.S.C. 

SS 2701, et seq., including any amendments thereto. Where appropriate, "IGRA" also means 

regulations promulgated by the NlGC pursuant to the regulatory authority granted to the NlGC 

under the IGRA which are valid interpretations of the IGRA. 

Section 112. "Key Employee". Means the following persons: 

All persons performing one or more of the following functions in any gaming operations: 

(i) Bingo caller, supervisor, cashier; 

(ii) Counting room supervisor, count and drop team personnel; 

AMENDED GAMING ORDINANCE 8.07.12 1 
(iii) 

(iv) 

(v) 

(vi) 

(vii) 

(viii) 

(ix) 

(4 

(xi) 

(xii) 

(xiii) 

Chief of security; 

Custodian of gaming supplies or cash; 

Floor manager; 

Pit boss; 

Dealer; 

Croupier; 

Any cashier; 

Approver of credit; 

Any employee engaged in finance or accounting functions; 

Custodian of gaming devices including persons with access to cash and 

accounting records within such devices; or 

If not otherwise included, any other person whose total cash compensation is 

in excess of $50,000 per year or if not otherwise included, the four most highly 

compensated persons in the gaming operation. 

Section 113. "Lottery Board" means the California Lottery Board, its authorized officials, agents 

and representatives. 

Section 114. "Management Contract" means any contract, subcontract or collateral agreement 

between the 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 any gaming operation. 

For purposes of this Ordinance, "collateral agreement" means any contract, whether or not in 

writing, that is related, either directly or indirectly, to a management contract, or to any rights, 

duties or obligations created between the Tribe (or any of its members, entities or organizations) 

and a management contractor or subcontractor (or any person related to a management 

contractor or subcontractor), within the meaning of 25 U.S.C. S 502.5. 

Section 115. "Net Revenues" means gross revenues of any Gaming Operation less amount 

paid out as, or paid for, prizes and total gaming-related operating expenses including debt service 

but excluding management fees paid to a management contractor within the meaning of 25 U.S.C 

S 271 1 C.. 

Section 116. "NIGC" means the National Indian Gaming Commission established pursuant to 

the IGRA, 25 U.S.C. S 2704. 

Section 117. "Ordinance" means this, the Gaming Ordinance of the Bishop Paiute Tribe. 

Section 118. "Owner or Controlling Person" means: 

(a) When a person is a party to a management contract, any person having a direct 

financial interest in such management contract; 

(b) When a trust is a party to a management contract any beneficiary or trustee; 

(c) When a partnership is a party to a management contract, any partner; 

(d) When a corporation is a party to a management contract, any person who is a 

director or who holds at least 5% of the issued and outstanding stock alone or in 

combination with another stockholder who is a spouse, parent, child or sibling 

when the corporation is publicly traded or the top ten (10) shareholders for a 

privately held corporation; 

(e) When an entity other than a natural person has an interest in a trust, partnership or 

corporation that has an interest in a management contract, all parties of that entity 

AMENDED GAMING ORDINANCE 8.07.12 2 
are deemed to be persons having a direct financial interest in a management 

contract; or 

(9 Any person or entity who will receive a portion of the direct or indirect interest of 

any person or entity listed above through attribution, grant, pledge, or gift. 

Sectlon 119. "Person" means any individual or entity, including any corporation or general or 

limited partnership. 

Section 120. "Premises" means "Licensed Premises" means any place facility, or location on 

the Tribe's Lands which Class II or Class Ill gaming is conducted. 

Section 121. "Prhary Management" Official means: 

(a) The person or persons having management responsibility for any part of the gaming 

operation and for a management contract. 

(b) Any person who has authority to 

1) To hire and fire employees; or 

2) To set up working policy for any portion of the gaming operations or 

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

responsibility 

Section 122. A "Relative" of a person includes any of the person's spouse or cohabitant, 

parents, and children (including adopted children). 

Section 123. "TRIBAL COUNCIL" means the BISHOP TRIBAL COUNCIL, the duly elected 

governing body of the Tribe. 

Section 124. *$Tribal Gaming Agencyn means: That Tribal entity designated by the Tribe to 

represent the Tribe for "Association" business under the Compact. 

Section 125. "Tribe" means the Bishop Paiute Tribe, a federally recognized Indian Tribe. 

Section 126. "Tribe's Lands" means: All lands within the jurisdictional limits of the Bishop 

Paiute Reservation. 

Chapter 2 - ORDINANCE 

The BISHOP TRIBAL COUNCIL is the duly elected governing body of the Bishop 

Paiute Tribe, a federally recognized tribe ("Tribe"), does hereby ordain as follows: 

Section 201. Pumose 

The Bishop Paiute Tribe (hereinafter "Tribe") a Federally recognized Sovereign Indian Tribe 

herebv enacts this ordinance to authorize and set terms for Class II and Class Ill aamina - " 

operaiions on Tribal Lands. 

AMENDED GAMING ORDINANCE 8.07.12 
Section 202. Gaminn Authorized 

Class II gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-447, U.S.C. Section 

2703 (7) (a) ("IGRA") and by the regulations promulgated by the National lndian Gaming 

Commission at 25 C.F.R. 502.3 (as published in the Federal Register at 57 FR 12382-12393, 

April 1, 2004) is hereby authorized. Additionally, all forms of Class Ill gaming set forth in any 

Compact between the Tribe and the State of California as authorized by IGRA. 

Section 203. Ownership of Gaming 

The Tribe shall have the sole propriety interest in and responsibility for the conduct of any gaming 

operation authorized by this ordinance (unless the Tribe elects to allow individually owned 

gaming). 

Section 204. License Required 

A Tribal license shall be required for each place, facility, or location on Tribal Lands where 

gaming occurs pursuant to 25 C.F.R. 522.4 B. (6). 

Section 205. Use of Gaminn Revenues. 

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

gaming activity. Such provision does not, however, limit the Tribe's ability to enter into a 

management contract wherein net profits are divided between the Tribe and other parties to the 

Contract. The Tribe's share of net revenues however generated shall go entirely to the Tribe and 

shall be used solely for the following purposes: 

(a) Net revenue from Class II and Class Ill gaming shall be used for the following 

purposes: to fund Tribal Government, promote Tribal economic development, donate 

to charitable organizations, or help fund operations of local government agencies. 

(b) If the Tribe elects to make per capita payments to Tribal members, as permitted under 

IGRA. Per Capita payments shall be made only pursuant to a plan established by a 

Tribal Resolution or Ordinance passed or adopted by the Bishop Tribal Council, which 

Resolution or Ordinance shall be approved by the Secretary of the Interior as required 

under the IGRA. The interest of minors and other legally incompetent persons as defined 

under State law that are entitled to receive per capita payments will be protected and 

preserved as required by the IGRA. (25 U.S.C. 2710 B. (3).) 

Section 206. Audit 

(a) The Tribe shall cause to be conducted annually an independent audit of gaming 

operations and shall submit the resulting audit reports to the National Indian Gamina - - 

Commission as required. 

(b) All gaming related contracts that result in the purchase of supplies, services, or 

concessions in excess of $25,000.00 annually, except contracts for professional legal 

and accounting services, shall be specifically included within the scope of the audit 

that is described in Subsection (a) above. 

Section 207. Protection of the Environment and Public Health and Safety. 

Class II and Class Ill gaming facilitated shall be constructed, maintained and operated in a 

manner that adequately protects the environment and the public health and safety. 

AMENDED GAMING ORDINANCE 8.07.12 4 
Chapter 3 - LICENSING PROCEDURES 

Section 301. License for Class II and Class Ill Kev Em~lovees and Prlmarv Manaaement 

Officials. and Garnina Emnlovees and NonCamina Em~lovees. 

All gaming employees, non-gaming employees, key employees and primary management 

officials shall apply for and receive a Tribal gaming license prior to employment in the gaming 

operation. The Tribe shall ensure that the policies and procedures set out in this section are 

implemented with respect to anyone employed at any Class II or Class Ill gaming enterprise 

operated on lndian Lands: 

A. Application Forms 

1. The following notice shall be placed on the application form for a gaming employee, nongaming employee, or primary management official before that form is filled out by an 

applicant: 

"In compliance with the Privacy Act of 1974, the following information is provided: 

Solicitation of the information on this form is authorized by 25 U.S.C. 2701 et seq . The purpose of the requested information is to determine the eligibility of 

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

Tribal gaming regulatory authorities and by the National lndian 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 lndian 

Gaming Commission 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's 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." 

2. The following notice shall be placed on the application form for all applicants: 

"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 IOOI)." 

3. Existing gaming employees, non-gaming employees, key employees and primary 

management officials who have not filled out an application with the privacy act notice or 

false statement notice as described in section 208.,A, 1 and 2 above shall be notified in 

writing that they shall either: 

(a) Complete a new application which contains the appropriate privacy act notice 

and/or false statement notice; or 

(b) Sign a statement that contains the privacy act and/or false statement notice. 

AMENDED GAMING ORDINANCE 8.07.12 
B. Background Investigations: No license shall be granted to any person or entity who has 

been determined to be a person or entity whose prior activities, criminal record, if any, or 

reputation, habits, and associations pose a threat to the public interest or to the effective 

regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or 

illegal practices, methods, and activities in the conduct of gaming or by the carrying on of 

the business and financial arrangements incidental thereto. 

C. License Application Minimum Requirements: 

The Tribe shall request from each license applicant all of the following information: 

(a) Full name, other names used (oral or written), security number(s), birth certificate, 

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

(b) Currently and for the previous 10 years; business and employment positions held, 

ownership interests in those businesses, business and residence addresses. and 

drivers license numbers; 

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

one personal references who was acquainted with the applicant during each 

period of residence listed under paragraph (b) of this section; 

(d) Current business and residence telephone numbers; 

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

industry, including ownership interest in those business; 

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

industry generally, including ownership interest in those business; 

(g) 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; 

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

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

any; 

(i) For each misdemeanor conviction or ongoing prosecution (excluding minor traffic 

violations), within 10 years of the date of the application, the name and address of 

the court involved and the date and disposition; 

(i) For each criminal charge (excluding minor traffic charges), whether or not there is a 

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

and is not otherwise listed pursuant to paragraph (a) (viii) or (a) (ix) of this 

section, the criminal charge, the name and address of the court involved and the 

date and disposition; 

(k) 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; 

(I) A current photograph 

AMENDED GAMING ORDINANCE 8.07.12 6 
(m) Any other information the Tribe deems relevant; and 

(n) Fingerprints consistent with procedures adopted by the Tribe according to 25 C.F.R., 

522.2 (h). Fingerprints shall be required for employees defined as key 

employees and primary management officials only unless otherwise requested by 

the Bishop Paiute Gaming Commission (Gaming Commission). 

NOTE: The Gaming Commission will take fingerprints of applicants via LifeScan electronically 

which allows submission of the appropriate information to the FBI which meets FBI Appendix F 

Certification NlST Format. In lieu of the Gaming Commission fingerprint process the law 

enforcement agency that will take the fingerprints of applicants for key employees and primary 

management official positions will be the lnyo County Sheriffs Department, City of Bishop and/or 

the City of Bishop Police Department, City of Bishop, CA. Should the Gaming Commission elect 

to use the in lieu of process, the Gaming Commission has executed a memorandum of 

understanding with the NlGC to process fingerprint cards through the FBI, as shown in 

Attachment A. The BPGC shall also sent a letter to NlGC requesting the number of fingerprint 

cards needed by the Tribe. Fingerprints processed through the NlGC must be taken on finaer~rint 

cards bearing NIGC'S OR1 n~~ber. If the NlGC is responsible for processing the fingerprink, ' 

printed cards must be sent directly from the law enforcement agency that takes the finaemrints to 

the NIGC. 

Section 302. Backqround Investigation of License Applicants Pursuant to Section 

522.2 B. of the Rules and Requlations of the National Indian Gaminq Commission. 

The Tribe acting through the Gaming Commission shall conduct an investigation sufficient to 

make a License determination under Section 304. below. In conducting a background 

investigation, the Gaming Commission or its agent shall promise to keep confidential the identity 

of each person interviewed in the course of the investigation. 

A. Pursuant to any approved compact between the Tribe and the State of California any 

applicable procedures for Tribal licensing andlor State licensina or certification of all 

gaming ~m~loyees for the conduct of class Ill gaming are heriby adopted and 

incorporated by reference. 

B. The minimum procedures for conducting background investigations on license applicants 

are: 

1. Criminal history check; 

2. Civil history check; 

3. Financial and credit check; 

4. Reference check; 

5. Previous business and employment check; 

6. Relative check; 

7. Business and personal associates check; 

8. Education verification; 

9. Document the disposition of all potential problem areas noted and 

disqualifying information needed. 

10. Any other investigation deemed necessary or appropriate by the Tribal 

Gaming Office. 

C. The Gaming Commission is primarily responsible for the conduct of the 

AMENDED GAMING ORDINANCE 8.07.12 
background investigation and suitability determination in consultation with the National 

Indian Gaming Commission and the California Gambling Control Commission; 

D. The Gaming Commission shall be responsible for conducting, reviewing and either 

approving or disapproving the investigative work; 

E. The Gaming Commission is responsible for reporting the results of the background 

investigation to the National Indian Gaming Commission for key employees and primary 

management officials only. 

F. For the purpose of obtaining necessary fingerprints for processing, the Tribal Gaming 

Commission and designated agents shall have Tribal law enforcement authority. 

G. Suitability determination and selection of Gaming Commission members is more 

specifically set forth later in this ordinance. 

H. The investigative reports shall set forth, in detail the: 

a. Steps taken in conducting the background investigation; 

b. Results obtained; 

c. Conclusions reached; 

d. The basis for those conclusions. 

Section 303. Application Fee 

The Gaming Commission office shall set a fee for applications, background investigations and 

license. All such fees shall be made payable to the Gaming Commission and delivered to the 

Bishop Paiute Tribal Fiscal Office. 

Section 304. EliaibilitvlSuitabilitv Determination - License GrantlDenial 

The Gaming Commission shall review a person's prior activities, criminal record, in any and 

reputation, habits and associations to make a finding concerning the eligibility of a gaming license 

applicant. If the Gaming Commission determines that licensing of the person poses a threat to the 

public interest or to the effective regulation of gaming, or creates or enhances dangers of 

unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming, or 

jeopardizes the integrity reputation of the Tribe or its Gaming Operation, a license shall not be 

granted. 

The Gaming Commission may grant a license to any applicant who has been convicted of any 

felony or gaming offense, [per TriballState Compact Section 6.4.4(c), (d)] or rribal Gaming 

Commission Regulation Section 003 §X. (5), & (6).]. 

The Gaming Commission may after a full investigation deny a license to any applicant (employee 

or vendor), or may suspend or revoke the license of any employee or vendor who: 

A. Has knowingly and willfully provided false statements or information or omitted material 

information on his or her license application; or 

B. Is determined to be a person whose prior activities, criminal record if any, or reputation, 

habits, and associations pose a threat to the public interest or the effective regulation and 

control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, 

and methods, and activities in the conduct of gaming or the carrying on of the business and 

financial arrangements incidental thereto, or jeopardized the integrity or reputation of the 

AMENDED GAMING ORDINANCE 8.07.12 8 
Tribe or its Gaming Operation; or 

C. Has violated, failed or refused to comply with the provisions of this Ordinance, the Compact, 

or any provision of any Federal, State, or Tribal Gaming Regulations, or when any such 

violation has occurred upon any premises occupied or operated by any such person or over 

which he or she has substantial control; 

D. Knowingly causes, aids, abets, or conspires with another to cause any person or entity to 

violate any of the laws of this Tribe, State or the applicable rules of the Tribe, State or Gaming 

Office, or the provisions of the Compact; 

E. Has obtained a State Gaming License or certification or Tribal Gaming license by fraud, 

misrepresentation, concealment or through inadvertence or mistake; 

F. Has been convicted of, or forfeited bond upon a charge of, or plead guilty to, violent felony, 

forgery, larceny, extortion, conspiracy to defraud, willful failure to make required payment or 

reports to any Government, whether Tribal, State or the United States; or of any crime, 

whether a felony or misdemeanor, involving any gaming activity, misappropriation of funds or 

physical harm to individuals or moral turpitude, a violent felony does not include, and is not 

limited to any crime relating to a motor vehicle such as vehicular manslaughter or driving under 

the Influence; 

G. Makes misrepresentation of, or fails to disclose material fad to the Federal, State, of Tribal 

Gaming Regulatory authorities; 

H. Is subject to current prosecution or pending charges, or a conviction which is under appeal, 

for any of the offenses included under subsection (0 of this section; provided that the 

Gaming Commission may defer decision upon application during the pendency of such 

prosecution or appeal; 

I. In the event an applicant has had a gaming license that was issued by the a state or federally 

recognized Indian tribe revoked or suspended, or has had a gaming license denied by a 

state or federally recognized Indian tribe, then in that event the Gaming Commission shall 

conduct an independent investigation of the facts and circumstances surrounding such 

revocation, suspension, or denial. 

After the conclusion of the investigation, the Commission shall determine if the facts and 

circumstances surrounding the revocation, suspension, or denial justify a denial of the 

applicant's current application for employment at the Tribe's Casino. 

J. In the event that it is alleged that the applicant has demonstrated a willful disregard for 

compliance with Gaming regulatory authority in any jurisdiction, including suspension, 

revocation, or denial of application for employment or forfeiture of a gaming license, then in 

that event the Gaming Commission shall conduct an independent investigation of the facts 

and circumstances surrounding such revocation, suspension of denial. 

After the conclusion of the investigation, the Commission shall determine if the facts and 

circumstances surrounding the revocation, suspension, or denial justify a denial of the 

applicant's current application for employment at the Tribe's Casino. 

K. Has pursued or is pursuing economic gain in an occupational manner or context which is 

AMENDED GAMING ORDINANCE 8.07.12 9 
in violation of the criminal laws of any state if such pursuit creates probable cause to 

believe that the participation of such person in gaming or related activity would be 

detrimental to the proper operation of an authorized gaming or related activity in this 

State. For the purposes of this paragraph, occupational manner or context shall be 

defined as the systematic planning, administration, management or execution of an 

activity for financial gain; 

L. Is a career offender or a member of a career offender organization or an associate of a 

career offender or career offender organization is such a manner which creates probable 

cause to believe that the association is of such a nature as to be detrimental to the proper 

operation of the authorized gaming or related activities in this State. For the purpose of this 

paragraph, career offender shall be defined as anv person whose behavior is DU~SU~~ in an 

occupational manner or context for the purposes of'economic gain utilizing such methods 

as are deemed criminal violations of Tribal law, Federal law or the laws and the public ~olicv 

of this State. A career offender organization shall be defined as any group of who ' 

operate together as career offenders; 

M. Is a person whose prior activities, criminal record, if any reputation, habits and 

associations pose a threat to the public interest of the Tribe or to the effective regulation 

and control of Gaming, or 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; or 

N. Fails to provide any information requested by Gaming Commission office within fourteen 

(14) days of the request for the information. 

A conviction of any crime as set out above will not automatically preclude eligibility for a 

license if the offense was entered as a judgment more than ten (10) years prior to application 

being made to the Gaming Commission for a Gaming License. 

Section 305. Procedures for forward in^ Applications and Reports for Key 

Emplovees and Primarv Manaaement Official to the National lndian Gaming 

Commission 

A. Before a key employee or primary management official begins work at a gaming operation 

authorized by this ordinance, the Gaming Commission shall forward to the National lndian 

Gaming Commission a completed application for a gaming license and conduct the 

background investigation and make determination referred to in Section 304. 

B. The Tribal Gaming Commission shall forward the report referred to in Section 306 to the 

National lndian Gaming Commission within 60 days after an employee begins work or 

within 60 days of the approval of this ordinance by the Chairman of the National lndian 

Gaming Commission. 

C. The gaming operation shall not employ as a key employee or primary management official 

a person who does not have a license. 

Section 306. Report to the National lndian Gaming Commission 

A. Pursuant to the procedures set out in Section 302, the Gaming Commission shall prepare 

and forward to the National lndian Gaming Commission an investigative report for each 

background investigation. An investigative report shall include all of the following: 

AMENDED GAMING ORDINANCE 8.07.12 10 
1. Steps taken in conducting a background investigation; 

2. Results obtained; 

3. Conclusions reached; and 

4. The bases for those conclusions. 

B. The Gaming Commission shall submit, with the report, a copy of the eligibility 

determination made under section 304. 

C. If a license is not issued to an applicant, the Gaming Commission: 

1. Shall notify the National lndian Gaming Commission; 

2. May forward copies of its eligibility determination and investigative report (if any) 

to the National lndian Gaming - Commission for inclusion in the lndian Gamina - 

Records System. 

D. With respect to license applicants, the Gaming Commission shall retain applications for 

licensing and employment and reports (if any) or background investigations for ins~ection 

by the chairman of the National lndian 'Gaming commission or his 6 her designee for no 

less than three (3) years from the date of denial or revocation of a license, or termination 

of employment, whichever is later. 

Section 307. NlGC Contact in Grantinq a Gaming License. 

A. If, within a thirtv (30) dav oeriod after the National lndian Gamina Commission receives an .. . " ~~ 

--- 

investigative report, thg~ational lndian Gaming Commission notifies the Tribe that is has 

no objection to the issuance of a license pursuant to a license application filed by a key 

employee or a primary management official for whom the Tribe has provided an 

application and investigative report to the National lndian Gaming Commission, the Tribe 

may issue a license to such applicant. 

B. The Tribe shall respond to a request for additional information from the Chairman of the 

National lndian Gaming Commission concerning a key employee or a primary 

management official who is the subject of a report. Such a request shall suspend the 30- 

day period under § A. of this section until the Chairman of the National lndian Gaming 

Commission receives the additional information. 

C. If, within the thirty (30) day period described above, the National lndian Gaming 

Commission provides the Tribe with a statement itemizing objections to the issuance of a 

license to a key employee or to a primary management official for who the Tribe has 

provided an application and investigative report to the National lndian Gaming 

Commission, the Tribe shall reconsider the application, taking into account the objections 

itemized by the National lndian Gaming Commission. The Tribe shall make the final 

decision whether to issue a license to such applicant. 

D. In the event that the National lndian Gaming Commission does not respond within the 

thirty (30) day period after the National lndian Gaming Commission receives an 

investigative report, then in that event the Gaming Commission will continue to process 

the application in accordance with the applicable employment application process. 

AMENDED GAMING ORDINANCE 8.07.12 11 
Section 308. Issuance of a Tribal Gaming License. 

The Gaming Commission shall consult with a~~rooriate law enforcement officials concemina anv c. ~, gaming licenses it may issue. If, after issuance of'a gaming license by the Gaming Commission, 

reliable information is received that a licensed employee does not meet the standard established 

under Section 2.1 1 of this Code, the Gaming Commission shall suspend such license. 

Section 309. Class Ill Gaming 

In addition to the above, any Tribal-State licensing andlor certification requirement and 

procedures for Tribal licensing andlor State certification or licensing under a Compact between 

the Tribe and State of California are adopted and incorporated herein by reference. 

Section 310. License and Requlation of Class Ill Gaming Activities: Tribal - State 

Compact Compliance. 

The Gaming Commission shall follow every and all of the requirements for licensino and 

regulation of Class Ill gaming pursuant to theterms and conditions.of any Compact between the 

Tribe and the State of California. 

Section 311. Failure of Applicant to Disclose Material Information. 

An applicant licensing shall make true and full disclosure of all information to the Gaming 

Commission necessary or appropriate to carry out the policies of the Tribe relating to licensing 

and control of the gaming operation. It is the duty of applicants to disclose all information material 

to whether the applicant's involvement with gaming would jeopardize or compromise the Tribal 

interest, whether or not the applicant has been specifically requested to provide the information. It 

shall constitute a violation of this Ordinance to fail to disclose, to mislead or to misstate any such 

material information to the Gaming Commission. 

Section 312. Temporarv Ernplovee Licenses. 

The Gaming Commission may issue a temporary license to any person or entity applying for a 

license to work in or do business with a licensed gaming establishment, which shall be valid 

pending the completion of a background investigation of the applicant. In no event shall such a 

temporary license be valid for longer than 90 days. 

Section 313. Parameters of Licenses. 

Violation of any material provision of this Ordinance or any Gaming Commission regulations by a 

licensee, its agent, or employee shall be deemed contrary to the public health, safety, morals, 

good order and general welfare of the TRIBE and the inhabitants of the BISHOP PAIUTE 

RESERVATION, and shall be deemed grounds for refusing to grant or renew a license, 

suspension or revocation of a license, or shall constitute grounds for the imposition of sanctions 

by the Gaming Commission. If the Commission elects to resolve disputes in a manner other than 

revocation of a license, such agreement shall be made in writing and supersede any conflicting 

provisions of this section, so long as the agreement provides a reasonable avenue for the Tribe to 

ensure a licensee's compliance with all other aspects of this Gaming Ordinance. Acceptance of a 

gaming license or renewal on the part of the licensee's agreement to be bound by all regulations 

and conditions of the Gaming Commission and by the provisions of this Ordinance as the same 

are now, or may hereafter be amended or promulgated, and to cooperate fully with the Gaming 

Commission. It is the responsibility of the licensee to keep informed of the contents of such 

regulation, amendments, provisions, and conditions, and ignorance thereof will not excuse 

violations. All licenses shall have not more than a two-year duration and will require renewal 

thereafter in accordance with procedures set forth by the Gaming Commission. 

AMENDED GAMING ORDINANCE 8.07.12 12 
Section 314. Licensinq of Vendors. 

The Gaming Commission may authorize, require, and issue such licenses as the Gaming 

Commission by regulation may provide, to any person or entity to engage in the selling, 

distributing, or otherwise supplying of gambling equipment or paraphernalia, gaming services, 

and any other equipment, supplies, material, etc. for use in connection with the licensed Gaming 

Facility or operation. 

Section 315. Licensinq of Gaming Facilitv. 

Each Tribal Gaming Facility shall be licensed by the Gaming Commission. Prior to the issuance 

of a facility licensee the Gaming Commissioner shall: 

A. Determine that the facility is constructed in conformance with all applicable building codes; 

0. Ensure that Security and Surveillance systems are in place adequately provide for the 

safety and security of employees and patrons and for the protection of Tribal assets; 

C. Ensure that all employees and gaming facilities are properly licensed every two 

years and that the facility is otherwise in compliance with all applicable gaming 

laws and regulations. 

Section 316. Non - Transferability of License 

Any license issued pursuant to the provision of this Ordinance is valid only for the person or entity 

at the place of business shown on the face thereof. It is not assignable or otherwise transferable 

to any other person or entity for any other location without approval of the Gaming Commission. 

Section 317. License Fees. 

Licensing fees shall be established by the Gaming Commission and approved by the Tribal 

Council. 

Section 318. License Suspension 

If, after the issuance of a gaming license, the Gaming Commission receives from the National 

Indian Gaming Commission or other source, reliable information indicating that a key employee or 

a primary management official is not eligible for employment under Section 304. above, the Tribal 

Gaming Commission shall suspend such license and shall notify in writing the licensee of the 

suspension and the proposed revocation. 

A. The Gaming Commission shall notify the licensee of a time and place for a hearing on the 

proposed revocation of a license. 

0. After a revocation hearing, the Gaming Commission shall decide to revoke or to reinstate a 

gaming license. The Gaming Commission shall notify the National Indian Gaming 

Commission of its decision if the licensee is a Key Employee and or Primary management 

official. 

Section 319. Repeal 

Upon approving this gaming ordinance by the Chairman of the National lndian Gaming 

Commission all prior gaming ordinances enacted by the Tribe are hereby repealed. 

Chapter 4 

AMENDED GAMING ORDINANCE 8.07.12 
ESTABLISHMENT OF THE GAMING COMMISSION 

Section 401. Establishment of the Gamina Commission. 

The Gaming Commission is hereby established. The Gaming Commission shall consist of three 

(3) members appointed by a majority vote of the TRIBAL COUNCIL. A Gaming Commissioner 

shall serve for four (4) years commencing on the first of the month of their appointment. In order 

to establish staggered terms, the Gaming Commission Member shall be appointed as follows: 

That two (2) the Gaming Commissioners appointed shall be designated by the TRIBAL COUNCIL 

to serve an term of four (4) years, the other initial Gaming Commissioner serve a term of two (2) 

years. Thereafter, all successive terms of appointment shall run for four (4) years. Vacancies 

shall be filled within thirty (30) days of term limit by the TRIBAL COUNCIL. 

The BISHOP TRIBAL COUNCIL shall establish such application procedures as it deems 

appropriate for members of the Tribe interested in serving on the Gaming Commission including 

verification of application. The Tribal Chairperson shall have the power to vote if only four 

members are present on all issues presented to the Tribe. 

Section 402. Selection of Chairperson 

The Gaming Commission Board shall appoint a Gaming Commission Chairperson, who shall 

chair all necessary hearings and meetings. If the Chairperson determines that meetings must be 

continued or postponed, the Chairperson may set the time and date for additional 

meetinglhearing times. The Chairperson shall communicate the scheduling of all 

meetingslhearings with the Gaming Commissioners. 

Section 403. Quorum - Maiority Vote 

A quorum shall consist of two (2) members of the Gaming Commission present at a meeting duly 

called, shall constitute a quorum. All decisions shall be made by a majority vote of the Gaming 

Commission. The Commission Chairperson shall have the authority to vote. 

Section 404. Meetinas and Hearinas 

The Gaming Commission shall not meet more than twice per month unless deemed necessary by 

the chairperson or at special request by the Gaming Commission. Should additional meetings be 

necessary, the Commissioners shall concur on mutually agreeable dates and times. Meetings 

and hearings shall take place on the Bishop Paiute Reservation. Meetings and hearing 

proceedings shall have official minutes recorded by the secretary or administrative assistant of 

the Gaming Commission. Records of board meetings and hearings shall be exempt from state 

subpoena. 

Section 405. Gaminq Commission Qualifications for Membership. 

In order to qualify for appointment to the Commission, an applicant must satisfy all of the . . 

following requirements: 

A. Be a member of the Tribe. 

B. Be age 21 or older. 

C. Have at least a high school diploma. California High School Proficiency or GED equivalent 

education and have knowledge of or experience in the gaming industry. 

AMENDED GAMING ORDINANCE 8.07.12 
D. Have no prior record of conviction of, or entry of a plea of guilty or no contest to, any of 

the following in any tribal, county, state or federal court, unless he or she as been 

pardoned: 

1. A violent felony or felony as defined by the State of California as on one 

involving moral turpitude. A violent felony, as an example, does not include but 

not limited to any crime relating to a motor vehicle such as vehicular 

manslaughter or driving under the influence. 

2. Fraud, embenlement or theft leading to conviction, judgment, or plea of nolo 

contendre. If there is any conflict between this subsection and D. (1) above, 

this subsection shall prevail 

3. A violation of any provisions of any state gaming regulations, any rule 

promulgated by thee Lottery Board, California Horse Racing Board or other 

appropriate state regulatory body of any state, or this Ordinance or any other 

ordinance of the Tribe regulating or prohibiting gaming. 

4. A conviction (as set out in D.) above will not preclude eligibility for a gaming 

license if the offense was entered as a judgment more than ten (10) years prior 

to the Gaming application being submitted to the Gaming Commission 

position. 

E. The applicant has fulfilled all applicable requirements of IGRA and the Compact, 

F. Satisfactory proof that the applicant is of good character and reputation and is financially 

responsible 

G. A TRIBAL COUNCIL member may be appointed as a Gaming Commissioner during 

hislher Council term, for a period of time not to exceed ninety (90) days. 

H. Not be a relative of any or immediate family member of the TRIBAL COUNCIL at the time 

of appointment. For the purpose of this section "relative" or immediate "family member 

"shall be defined as mother, father, son, daughter, brother, sister, spouse or cohabitant. 

1. Not be employed by any Gaming Operation. 

J. Not be a Primary Management Official or Owner or Controlling Person with 

respect to any Management Contract. 

K. Obtain and maintain a Tribal Gaming License. The Gaming Commission Executive 

Director shall review all background and investigation materials of all potential Gaming 

Commissioners. All decisions by the Gaming Commission Executive Director as to the 

issuance or denial of a Gaming License for a potential Gaming Commissioner shall be 

provided in writing to the Tribal Council. 

Section 406. Gamina Commission Staff 

All Gaming Commission staff must apply for and obtain a Tribal Gaming License prior to 

employment with the Gaming Commission. The application procedure for applicants as an 

employee for the Gaming Commission is the same as for Gaming and Non-Gaming employees. 

AMENDED GAMING ORDINANCE 8.07.12 15 
All present Gaming Commission staff who are not licensed must submit the appropriate 

application to the Gaming Commission for a Tribal Gaming license within thirty (30) days of the 

approval of this Amended Ordinance by the NIGC. If a presently employed Gaming Commission 

staff individual is not issued a license based on the findings of the investigation, that employee 

shall be removed for cause by the Gaming Commission. 

Section 407. Purpose and Authority of the Gaming Commission 

The Gaming Commission shall exercise authority necessary to effectuate the purpose of this 

Ordinance. The Gaming Commission may exercise any proper authority necesbaj to perform 

duties assigned to it by this Ordinance, and is limited by the enumeration of powers in this 

Gaming Ordinance, the Tribal-State Compact, IGRA and NIGC Regulations. The Gaming 

Commission shall promulgate rules and regulations for the operation of any gaming 

establishment and shall hear and resolve all disputes regarding any provision of this Code. In all 

decisions, the Gaming Commission shall act to promote and ensure the integrity, security, 

honesty, and fairness of the operation and administration of gaming and ancillary activities of the 

gaming operation. The Gaming Commission shall have the authority to deny any application; to 

limit, condition, suspend, or restrict any license; make a finding of suitability or approval of a 

license, or find suitable the imposition of a fine upon any person or entity licenses, for just cause 

deemed reasonable by the Gaming Commission pursuant to this ordinance, Compact and IGRA. 

In all matters within its preview and responsibilities, the Commission shall be and shall act 

independently and autonomously from the Tribal Council. No prior or subsequent review by the 

Tribal Council of any actions of the Commission shall be required or permitted, except as 

otherwise explicitly provided in this Ordinance and unless deemed necessary to preserve and 

protect Tribal assets. 

Section 409. Compensation 

Commissioners shall be paid the necessary travel expense to meetings, a stipend, and any preauthorized expenses by the TRIBAL COUNCIL, or may be paid an additional stipend as 

authorized by the Commission budget as approved by the TRIBAL COUNCIL 

Section 410. Removal. 

Any Commissioner may be removed by an affirmative vote of four (4) of the members of the 

TRIBAL COUNCIL acting at a meeting. The Tribal Chairperson shall have the power to vote if 

only 4 members are present. Such removal shall only be for just cause, including malfeasance, 

neglect of duty, unexcused failure to attend three successive meetings of the Commission, failure 

to continue to meet the qualifications for appointment to the Commission. Any Commissioner 

being considered for removal shall be provided notice in writing stating the grounds for removal 

and he or she shall have 30 days to provide an explanation to the TRIBAL COUNCIL in person or 

in writing, which explanation shall be considered by the TRIBAL COUNCIL in voting on the 

removal in question. All removal questions shall be considered by the TRIBAL COUNCIL at or 

after the end of the 30-day notice period at which the Commissioner and his or her attorney shall 

have the right to be present. All TRIBAL COUNCIL determinations to remove a Commissioner 

shall be final. Under emergency conditions a Commissioner can be suspended pending final 

outcome of the removal hearing. 

Section 41 1. Vacancies 

AMENDED GAMING ORDINANCE 8.07.12 
A vacancy on the Commission through death, written or declared resignation, or removal from 

office shall be filled by appointment by the TRIBAL COUNCIL, within thirty (30) days to complete 

the un-expired term. 

Section 412. Monthlv Report 

The Gaming Commission shall make at least monthly reports to the Council within thirty (30) days 

after the close of the month for which the information is being required. The report shall at a 

minimum include a full and complete statement of auditing activities, expenses and all other 

financial transactions of the Commission and summary of all licensing and enforcement actions. 

Section 413. Prior Notice of Action 

In promulgating, amending, and repealing regulations, the Gaming Commission shall give prior 

notice of the proposed action to all licensees and other persons whom the Commission has 

reason to believe a legitimate and bona fide interest in such proposed action. Said notice shall 

inform such persons as to the general nature of the proposed action and advise them as to the 

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

Commission. In emergencies, the Gaming Commission may adopt, amend or repeal any 

regulation if at the time the Commissioners determine such action is necessary for the immediate 

preservation of the public peace, health, safety, morals, and good order or general welfare, 

together with a statement of facts constituting the emergency; providing the Gaming Commission 

shall schedule emergency action for a regular hearing as soon as possible not to exceed thirty 

(30) days after any such emergency action. 

Section 414. Request for Gaminq Commission Action 

The General Manager of the gaming operation may file a petition in a manner and form approved 

by the Gaming Commission requesting the amendment or repeal of a regulation. Upon receipt of 

the petition, the Gaming Commission shall within thirty (30) days schedule the matter for 

Consideration by the Gaming Commission pursuant to this chapter, and shall immediately 

forward a copy of the petition to the Tribal Council. The Gaming Commission will consult with the 

Tribal Council before ruling on any petition and will schedule the matter for hearing only if the 

Tribal Council disagrees with the Gaming Commission. 

Section 415. Due Process, Appealinq Commission Actions 

Any decision resulting in approving, disapproving, revoking, suspending, limiting or conditioning a 

license, or the imposition of other sanctions under this code shall be made by the Gaming 

Commission. Should an applicant or licensee disagree with the determination of the Gaming 

Commission, the Gaming Commission shall schedule a hearing within thirty (30) days from the 

date an applicant files hislher written appeal with the Gaming Commission. All appeals of 

Gaming Commission decisions must be in writing and filed with the Gaming Commission within 

fifteen (15) days of the Gaming Commission's decision being appealed from by the applicant or 

licensee. 

Section 416. Gaming Commission Findinas 

Following such hearing, the Gaming Commission shall within three (3) working days reach a 

determination concerning: 

A. The accuracy of the facts presented at the hearing; 

B. Whether the license in question should be granted, denied, reinstated, suspended, revoked, 

conditioned, or limited; and 

C. Whether any other action recommended to the Gaming Commission including, but not 

AMENDED GAMING ORDINANCE 8.07.12 17 
limited to fines and forfeitures, should be taken. 

Section 417. Notification of Gaminn Commission Decisions 

Within ten (10) working days following the Gaming Commission determination on the appeal, the 

Gaming Commission shall inform the applicant or licensee by certified written notice of the 

determination. All decisions of the Gaming Commission shall be subject to appeal to the TRIBAL 

COUNCIL. Notice of Appeals must be in writing and received by the Tribal Council within fifteen 

(15) working days following the Gaming Commission's notice of decision being mailed to or 

personally served on the applicant or licensee. The TRIBAL COUNCIL shall hold a hearing within 

ten (10) days following receipt of request for appeal from the applicant or licensee. The decision 

of the TRIBAL COUNCIL shall be final and non-appealable. 

Section 418. Authoritv and Duties of the Commission. 

The Commissioners shall perform all duties, exercise all powers, assume and discharge all 

responsibilities and carry out and effect all purposes of this Code relating to the regulation of all 

gaming activity. In all decisions, the Commissioners shall act to promote and ensure integrity, 

security, honesty, and fairness of the operation and administration of all gaming activity. The 

Gaming Commission duties shall include the Gaming Commission Regulations and the following: 

A. The Commission shall have the primary responsibility for developing polices, guidelines 

and regulations for Class II and Class Ill gaming on the Tribe's Lands, including any 

amendments to this Ordinance, and for recommending to theTRlBAL 

COUNCIL for adoption. 

B. The Commission shall monitor all Class II and Class 111 gaming on the Tribe's Lands and 

all Monthly reports and annual audits of such activities to insure that such activities 

conform to the provisions of this Ordinance and other applicable laws and regulations of 

IGRA, NlGC and any Staterrribal Compact. 

C. Except as otherwise provided, the Gaming Commission shall issue and deny gaming licenses 

in accordance with Chapter 3 of this Ordinance. Each Gaming Commissioner shall read this 

Ordinance and keep current on all bulletins and notices received from Federal and State 

Agencies. 

D. The Gaming Commission shall investigate all alleged violations of this Ordinance and 

recommend actions to the TRIBAL COUNCIL. 

E. The Gaming Commission may recommend to the TRIBAL COUNCIL penalties for violations of 

this Ordinance in accordance with Chapter 11 of this Ordinance and any other actions to 

enforce the provisions of this Ordinance or to enjoin or otherwise prevent any violation of this 

Ordinance or other laws relating to gaming on the Tribe's Lands. 

F. The Gaming Commission shall prepare and recommend an annual budget for the purpose of 

allocating funds to the Gaming Commission for its necessary activities and expenses, which 

must be approved by the TRIBAL COUNCIL. The Gaming Commission may in accordance 

with any approved budget employ such staff as it deems necessary to fulfill its 

responsibilities under this Ordinance, and may retain legal counsel and other professional 

services including investigative services to assist the Gaming Commission with respect to any 

of the issues over which the Gaming Commission exercises jurisdiction. 

AMENDED GAMING ORDINANCE 8.07.12 18 
G. In addition to anv ~r0cedUres reauired under the Tribe's DroDertv and procurement manual 

or other policies: all contracts or noncontract purchases'rel&ng to gaming in the amount of 

$25,000 or more shall be subject to approval by the TRIBAL COUNCIL. 

H. Be designated as the Tribal Gaming Agency as defined in Section 2.20 of the Compact and 

Section 126 of this Ordinance. 

I. The surveillance department shall have primary responsibility to both the Gaming Commission 

and the Casino General Manager as directed by the Tribal Council. The Gaming Commission 

shall have primary responsibility for the development of Minimal Standards, Policies and 

Guidelines for rules of procedure for the surveillance department. 

The Gaming Facility shall provide surveillance equipment, supplies and space deemed 

necessary by the Gaming Commission, as required by the Compact and all other regulations 

formulated for the reasonable protection of patrons, employees and Tribal assets. All 

surveillance systems, equipment, rooms, etc., shall be under the control and jurisdiction of 

either the Gaming Commission or Casino General Manager as directed by the Tribal Council 

to ensure the integrity of the surveillance department. All surveillance staff shall be employees 

of and report either to the Gaming Commission or Casino General Manager as directed by 

TRIBAL COUNCIL. 

J. The Gaming Commission, performing its function as the Tribal Gaming Agency, is 

empowered by this Ordinance to impose fines or other sanctions against gaming licensees or 

other persons who interfere with or violate this Gaming Ordinance, including its regulatory 

requirements and obligations under IGRA, this Ordinance and the Compact. For further 

reference, as to the scope of the Commission's authority for the imposition of sanctions 

and/or fines. 

K. Negotiating contracts with the advise and input of the Casino General Manager for payments 

by the Gaming facility for the provisions of security, surveillance, outside independent auditing 

services. Such contracts must be approved by the Tribal Council and shall not provide a 

waiver of sovereign immunity by the Tribe unless authorized by the Tribal Council; 

L. Correspond with the National lndian Gaming Commission and do whatever is necessary to 

ensure compliance with the rules and regulations of that agency. Specifically, the 

Commission with the approval of the Tribal Council shall arrange for an annual outside audit 

of authorize gaming and will provide a copy to the National lndian Gaming Commission. 

M. The Gaming Commission will assure that all gaming activity is conducted in a manner which 

adequately protects the environment and the public's health and safety; 

N. The Gaming Commission will ensure that background investigations are conducted pursuant 

to 

Section 209 on all primary management officials, key employees, gaming employees and 

non-gaming employees of any gaming establishment and that oversight of such officials and 

their management is conducted on an on-going basis. The Gaming Commission will make 

suitability determinations on the granting of Tribal licenses for all of the gaming operation 

employees. The Gaming Commission shall immediately notii the National lndian Gaming 

Commission of the issuance of such license for primary management and key employees. 

AMENDED GAMING ORDINANCE 8.07.12 19 
The Gaming Commission will review all license applications and background investigations to 

ensure that no person shall be eligible for employment if that person's prior activities, criminal 

record (if any), or reputation, habits and associations pose a threat to the public interest or to 

the effective regulation of gaming or create or enhance the dangers of unsuitable, unfair, or 

illegal practices and methods and activities in the conduct of gaming or jeopardized the 

integrity or reputation of the Tribe or its Gaming Operation. The Gaming Commission shall 

notify the National Indian Gaming Commission of the results of such background checks 

before the issuance of such license to primary management officials and key employees. 

0. Hiring pursuant to the approval of the Tribal Council, such professional, clerical, technical 

and administrative personnel as may be necessary to carry out the provisions of this 

Ordinance and within the budgeting limits of the Gaming Commission budget as approved by 

the Tribal Council. 

P. Inspect, review and copy all records, documents, equipment and facilities, or anything 

else necessary and pertinent to enforcement of any provisions of this Ordinance. 

Q. Make decisions and execute any sanctions on persons subject to the jurisdiction of 

this Ordinance, as deemed necessary, appropriate and lawful. 

Section 419. Riqht of Inspection 

The Gaming Commission and hislher agents, inspectors, and employees have the authority: 

A. To inspect and examine all premises wherein gaming is conducted or gambling devices or 

equipment are used, manufactured, sold or distributed; 

B. To inspect all equipment and supplies in, upon or about a gaming establishment, or 

inspect any equipment or supplies wherever located, which may, or have been used 

in the gaming establishment; 

C. Summarily seize and remove from a gaming establishment and 

impound such equipment or supplies for the purpose of examination, inspection, 

evidence, or forfeiture; 

D. To demand immediate access to and inspect, examine and audit all papers, books, and 

records for applicants and licensees, and require verification of income and all other 

matters affecting the enforcement of the policy of or any of the provisions of this Ordinance; 

E. To seize and impound any patron's winnings which the Commission has reason to 

believe may have been won or obtained in violation of this Ordinance pending a civil 

forfeiture hearing on such seizure; 

F. The Gaming Commission shall each have full power and authority to issue subpoenas 

and compel the attendance of witnesses for hearing at any place within the 

Reservation, to administer oaths and to require testimony under oath. Any process 

or notice may be served in the manner provided for service of process and notices 

in civil action. The Gaming Commission may pay such transportation and other expenses of 

witnesses as it may deem reasonable and proper. Any licensee failing to comply with 

any subpoena shall be subject to immediate revocation of their gaming licenses. 

AMENDED GAMING ORDINANCE 8.07.12 20 
Section 420. Confidentiality of Information 

Each member of the Gaming Commission and each employee of the Gaming Commission shall 

be required to sign a confidentiality agreement, and will be responsible for ensuring the strictest 

standards of confidentiality with respect to information. All information provided to the Gaming 

Commission and all information obtained by the Gaming Commission in the performance of its 

duties, shall be kept confidential and shall not be disclosed to any person or organization without 

the written consent of the Gaming Commission. The Gaming Commission may refuse to reveal, 

in any court proceeding the identity of any informant, or the information obtained from the 

informant, or both the identity and the information. 

Section 421. Gaming Commission Budget 

The Gaming Commission shall establish its own budget in conjunction with the Chief Financial 

Officer of the Tribe for operation and acquire such furnishings. equipment, supplies, stationery, 

books, motor vehicles, and other things as it may deem nece&ary.or-desirable'in carrying out ik 

functions, and incur such other expenses within the limit of funds available to it, as it may deem 

necessary subject to the approval of the Tribal Council. The Gaming Commission shall employ 

and fix the salaries of or contract for the services of such professional, technical and operational 

personnel and consultants as the execution of its duties and the operation of tlhe Gaming 

Commission may require. The Gaming Commission shall keep and maintain a file on all 

applications for licenses under this chapter, together with a record of all actions taken with 

respect to such applications. The Gaming Commission shall keep and maintain such other files 

and records as they deem appropriate. 

Section 422. Sanctions 

Any person who engages in activities on property subject to the provisions of this Gaming 

Ordinance without a license, in violation of any license or terms imposed thereon, in violation of 

terms of suspension, or in violation of the Ordinance, including any person who unlawfully 

trespasses upon any premises licensed by this Ordinance without the consent of the licensee 

andlor the Gaming Commission shall be in violation of this Ordinance and be subject to sanctions 

in accordance with the provisions of Section 423 hereinafter. 

Section 423. Limitations Period 

No fine shall be assessed nor any action taken for any violation under preceding section unless 

the action is initiated within two (2) years of the commission of the offense. 

Section 424. Violation of Ordinance - Punishment 

Any violation of this Ordinance may be punished by a fine of not more than five thousand dollars 

($5,000.00) for each separate count or violation. Each day of violation shall constitute a separate 

count or violation under this Ordinance. A violator may also be required to pay costs, storage 

fees, and auction or sales fees. All property used or which may be used in activities in each and 

every separate violation of this Ordinance may become the property of the Tribe; persons may 

be prohibited from trespassing on premises licensed under this Ordinance, licenses may be 

suspended, revoked, or limited and the gaming establishment may be closed. All such action 

shall be taken at the discretion of the Gaming Commission, subject to the right of appeal to the 

Tribal Council. Winnings received that have been found to be in violation of this Ordinance shall 

be forfeited and become property of the Tribe. 

Section 425. Due Process Reqarding the Enforcement Actions 

The Gaming Commission shall promulgate regulations protecting due process rights of all 

individuals subject to the enforcement of this Ordinance. Such regulations shall, at a minimum: 

A. Provide standards for emergency or summary suspension of license; 

AMENDED GAMING ORDINANCE 8.07.12 2 1 
B. Provide fair notice and opportunity for a hearing before the Gaming Commission regarding 

Any revocation or suspension of license, and regarding any enforcement action taken 

pursuant to this Ordinance; and 

C. Provide the right to appeal, de novo, any Gaming Commission disciplinary or 

enforcement action to the Tribal Council. 

Section 426. Patron Disputes 

A. Refusal to Pav Winninqs. Whenever the Gaming Facility Operator refuses payment of 

alleged winnings or machine credits to a patron, and the Gaming Facility Operator and the 

patron are unable to resolve the dispute to the satisfaction of the patron, and the dispute 

involves: 

1. At least five hundred dollars ($500), the Gaming Facility Operator shall immediately notify 

the Gaming Commission. The Gaming Commission shall conduct an investigation 

as it deems necessary and shall determine whether payment should be made; or 

2. Less than five hundred dollars ($500) and the patron and operator do not come to an 

agreement, the Gaming Facility Operator shall inform the patron of his or her right to 

request that the Gaming Commission conduct an investigation. Upon request of the patron, 

the Gaming Commission shall conduct an investigation if necessary and shall determine 

whether payment should be made. 

3. Notice to Patrons, The Gaming Commission shall mail written notice by certified mail, return 

receipt requested to the Gaming Facility Operator and the patron of the decision resolving 

the dispute within thirty (30 ) days after the date that the Gaming Commission first receives 

notification from the Gaming Facility Operator or a request to conduct an investigation from 

the patron. Such notice shall include an explanation of the decision. 

4. Effective Date of Decision. The decision of the Gaming Commission is effective on the date 

it is received by the aggrieved party as reflected on the return receipt. 

5. Review of Decision. Within thirty (30) days after the date of receipt of the written decision, 

the aggrieved party may file a written petition with the Tribal Council. Upon 

receipt of the petition the Chairperson of the Tribal Council shall immediatelv forward a coov 

of the petition-to the Gaming dommission. The Tribal Council shall promubate procedu& 

to determine whether patron disputes are eligible for a hearing and for the conduct of 

any hearing. The ~ribal Council shall take into consideration the prior decision and other 

documentation provided to it by the patron, and the Gaming Commission. The Chairperson of 

the Tribal Council shall then issue a written decision and mail it to the parties. The Decision 

of the Tribal Council shall be final and binding upon the patron and the Gaming Facility 

Operator and shall not be subject to judicial review, the dispute resolution or other legal 

action. 

Section 427. Conflict of Interest 

The Gaming Commission, Gaming Commission Employee's, members of the Tribal Council and 

their immediate families shall receive no personal compensation, gift, reimbursement or payment 

of any kind from any person doing or wishing to do business with the Tribe relating to gaming nor 

with any person wishing to obtain an unfair advantage in any authorized wager on gaming. Any 

property received in violation of this provision, including cash payments, shall be immediately 

forfeited to the Tribe and the offending persons shall be prosecuted to the fullest possible. The 

AMENDED GAMING ORDINANCE 8.07.12 22 
Gaming Commission shall cooperate to the fullest extent possible with any Federal or State law 

enforcement agency to pursue prosecution under applicable Federal or State law. 

Section 428. Audit of Gamincl Commission 

The Tribal Council shall have the opportunity to have an independent audit performed by a 

Certified Public Accountant (CPA) once a year conducted on the Gaming Commission to ensure: 

A. The Gaming Commission is complying with the terms and conditions of this gaming 

ordinance. 

B. The Gaming Commission expenditures are in strict compliance with the purpose and 

intent of each budget line item. 

C. The Gaming Commission is adhering to the reporting requirements of this ordinance, the 

compact, state, and federal laws. 

D. That all Gaming Commissioners and their staff are properly licensed, 

E. That the Gaming Commission and staff are performing the duties and properly exercising 

their authority pursuant to Section 418 and Chapter 6 of this ordinance. 

F. The Gaming Commission has implemented minimum internal control standards according 

to IGRA, the compact, and State laws. 

Once the audit is complete. any findings and recommendations presented to the Tribal Council 

will be reviewed with the Gaming Commission and staff for implementation of corrective action 

needed to clear all findings. 

Chapter 5 

MANAGEMENT CONTRACT 

Section 501. Management Contract 

The Tribe or chartered corporation established for the purpose of operating Tribal gaming may 

enter into any contract or other agreements to further its gaming interest, including one or more 

Management Contracts. Each Management Contract shall designate the person or persons 

having responsibility for management of all or part of any Gaming Operation. Management 

Contracts and other gaming-related contracts shall contain such provisions as are required under 

Tribal Gaming Commission Regulations, IGRA and the Compact, shall be submitted to the NIGC 

or other appropriate state regulatory body for approval if required by the Compact. All such 

contracts shall be effective pending review by the NIGC, other appropriate federal regulatory 

body, andlor the Lottery Board or other appropriate state regulatory body. 

Chapter 6 

Auditing, Fiscal Oversight, and Internal Controls 

AMENDED GAMING ORDINANCE 8.07.12 23 
Section 601. Minimum Procedures for Control of Internal Fiscal Affairs. 

The Gaming Commission shall promulaate reaulations for internal controls and fiscal audits ~ of all - ~~~~ 

gaming operations. At a minimu'm, those regubtions shall: 

A. Prescribe minimum procedures for safeguarding the gaming operation's assets and 

revenues, including recording of cash and evidences of indebtedness and mandatory 

count procedures. Such procedures shall establish a control environment, accounting 

system, and control procedures that safeguard the assets of the organization, assures 

that operating transactions are properly recorded, and encourage adherence to prescribed 

policies; 

B. Prescribe minimum reporting requirements to the Gaming Commission; 

C. Provide for the adoption and use of internal audits by Commission auditors and Certified 

Public Accountants licensed to practice accounting in the State of California. 

D. Ensure that a uniform code of accounts and accounting classification are formulated to 

assure consistency, comparability and effective disclosure of financial infonation. Such 

code shall require that records be retained that reflect statistical drop (amount of cash 

wagered by patrons), statistical win (amount of cash won by the gaming operation) and 

the percentage of statistical win to statistical drop, or provide similar information, for each 

type of game or each gaming device. 

E. Prescribe the intervals at which such information shall be furnished; 

F. Provide for the maintenance of documents (i.e., checklists, transaction forms, programs, 

reports, etc.) to evidence all internal work performed as it relates to the requirements of 

this section; and 

G. Provide that all financial statements and documentation referred to in section (f) be 

maintained for a minimum of five (5) years. 

Section 602. Gaminn Commission Oversiaht of Internal Fiscal Affairs. 

The Gaming Commission shall, by regulation ensure the conduct of audits of the financial 

statements of all gaming operations at least annually. Such audits must: 

A. Be made by outside independent Certified Public Accountants holding a permit issued by 

the State of California to practice public accounting, such accountants - shall be selected bv 

and contracted with the Gaming dommission. 

B. Include an opinion that the financial statement fairly and accurately presents the financial 

condition of the gaming operation in accordance with generally accepted accounting 

principals (GAAP) and in accordance with the Governmental standards of Accounting and 

the gaming auditing standards established by the American Institute of Certified Public 

Accountants; 

C. Disclose whether the accounts, records and control procedures maintained by the gaming 

operation are as required by the regulation promulgated by the Gaming Commission; and 

D. Provide for preliminary review of the internal control structure upon adoption of the 

policies and procedures by the entity, provide an opinion regarding the adequacy of 

controls, to disclose any deviation from prescribed rules and regulations, and report such 

AMENDED GAMING ORDINANCE 8.07.12 
findings to the Gaming Commission, Tribal Council and Management. 

Section 603. Gamine Commission's Riaht to Conduct Audit. 

The Gaming Commission shall be able to retain its own staff auditors and accountants, or 

contract an accountant(s), to conduct its own audits of any gaming operation provided the cost of 

such audit has been budgeted and approved by the Tribal Council. 

Section 604. Prohibition Aqainst Embezzlement. 

Any action of any kind which in the opinion of the Gaming Commission is effectuated by any 

licensee to unlawfully divert gaming or other proceeds properly belonging to the Tribe shall 

constitute grounds for taking sanctions against that licensee. If the Gaming Commission finds an 

unlawful diversion was conducted or attempted, it shall sanction the licensee. Sanctions may 

include fining, revoking, suspending, limiting or refusing to renew the license, or prosecution 

Chapter 7 

Authorization of Gaming 

Section 701. Prohibition Aqainst Gaming. 

No person licensed by the Gaming Commission shall engage, conduct or condone any game 

unless such game is approved by the Gaming Commission and regulation for rules governing 

such game have been duly promulgated by the Gaming Commission and approved by the Tribal 

Council. 

Section 702. Grace Period. 

The prohibition contained in Section 701 shall not apply to those games already being played as 

of the date of enactment of this Code, provided however, that the licensee conform to the rules 

promulgate hereunder within five (5) days of such promulgation. 

Section 703. Authorization of Gaminq. 

The Gaming Commission may authorize the playing of any Class II game not prohibited by this 

ordinance or the IGRA. The Gaming Commission shall promulgate regulations for rules governing 

all authorized games, including regulations governing the equipment (chips, dice, cards, tiles, 

devices, etc.) used in such game. Any provision in the Tribe's Compact with the State of 

California providing for testing, notice to, and comment from the State, shall be complied with 

before any game is authorized by the Gaming Commission. When there is reasonable cause to 

question the classification of a game (i.e. Class I1 or Class Ill) the Gaming Commission shall 

authorize such games to be conducted as Class II, unless or until the National Indian Gaming 

Commission rules otherwise or until a court of competent jurisdiction has ruled otherwise. 

Section 704. Approval of Gaminq Equipment. 

The Gaming Commission shall have the discretion to review and approve all gaming equipment 

and other devices used in the gaming operation as to quality, design, integrity, fairness, honesty, 

and suitability. 

AMENDED GAMING ORDINANCE 8.07.12 
Chapter 8 

Barment or Exclusion of Individuals 

Section 801. List of Undesirables. 

The Gaming Commission may, by regulation, provide for the establishment of a list of persons 

who are to be excluded or barred from any duly licensed gaming operation. The list may include 

any person who's presence in the gaming establishment is determined by the Gaming 

Commission or TRIBE to pose a threat to the interest of the Tribe, the gaming public, or to 

licensed gaming. 

Section 802. Prohibition Against Listed Individuals. 

It shall be a violation of this Ordinance for any licensed employee to knowingly fail to exclude or 

bar from the gaming establishment any person(s) placed on the list referred to in Section 801. It 

shall be a violation of this Ordinance for any person whose name appears on the list referred to in 

Section 801 to enter or into or engage in any game at a duly licensed gaming establishment, and 

any such presence shall be considered trespassing. 

Section 803. Prohibition Aqainst Certain Individuals. 

It is a violation of the Ordinance for any licensee who knowingly fails to exclude or bar from the 

gaming establishment any individual who is under the age of eighteen years and engaging in 

gaming activity. 

Chapter 9 

Unlawful Acts 

Section 901. It is Unlawful for anv Person 

A. To alter or misrepresent the outcome of a game or other event on which wagers have been 

made after the outcome is determined but before it is revealed to the players; 

B. To place, increase or decrease a bet to determine the course of play after acquiring 

knowledge, not available to all players, of the outcome of the game or knowledge of any 

event that affects the outcome of the game or knowledge that is the subject of the bet or 

wager; 

C.. To aid anyone in acquiring such knowledge as set forth in subparagraph B., for the purpose 

of increasing or decreasing a bet or wager, or for the purpose of determining the course of 

play contingent upon the event or outcome; 

D. To claim, collect or take or attempt to claim, collect or take money or anything of value in or 

from a gambling game with intent to defraud, without having a wager contingent thereon, or 

to claim, collect or take an amount greater than the amount won; 

E. Knowingly entice or induce another to go to any place where a gambling game is being 

conducted or operated in violation of the provisions of this chapter, with the intent that the 

other person play or participate in that gambling game; 

F. To increase a bet or wager after acquiring knowledge of the outcome of the game or event 

which is subject of the bet or wager, including past - posting and pressing bets; 

AMENDED GAMING ORDINANCE 8.07.12 26 
G. To reduce the amount wagered or cancel the bet after acquiring knowledge of the outcome 

of the game or event which is the subject of the bet or wager, including pinching bets; and 

H. To manipulate with intent to cheat, any component of a gaming device in a manner contrary 

to the designed and normal operational purposes for the com~onent, with knowledae or ho~e 

that the manipulation affects the outcome of the game or or with knowledge of any 

' 

event that affects the outcome of the game or prize; 

I. To solicit funds or anything of value from any patron or employee; 

J. To unlawfully take or attempt to take any chips, coin(s), token@), machine credits, currency, 

or anything of value from any patron or employee on the premise; 

K. To refuse to leave the gaming establishment when appropriately advised to do so by a 

member of Management, Security or the Tribal Gaming Commission; 

L. To damage or attempt to damage either intentionally or negligently any property, gaming 

device or equipment, or any article belonging to the Tribe, patron, employee or Tribal 

corporation; 

M. Under the age of 21 years of age to make any wager either directly or indirectly in any Class II 

or Class Ill gaming activity; 

N. To either intentionally or negligently cause injury or harm to any patron, or employee or 

threaten to do so; 

0. To possess any chips, tokens, cards, device, paraphernalia, etc., that could reasonable be 

concluded as useful in cheating, defrauding, manipulating or altering any game, gaming 

device equipment, machine, computer, or supplies; 

P. For any employee to aid, conspire, collude or assist in any way any other employee or patron 

to win or have any unfair advantage to win or otherwise acquire anything of value unfairly. 

Section 902. Prohibition Aqainst Electronic Aids 

Except as specifically permitted by the Gaming Commission, no person shall possess with the 

intent to use, or actually use at any table game, either by himself or in concert with others any 

calculator, or computer or other electronic, electrical or electromechanically device to assist in 

projecting an outcome at any table game, to keep track of or analyze the cards having been dealt, 

to change the probabilities of any table game or the playing strategies to be utilized. 

Section 903. Violations and Sanctions 

Any patron or employee who commits any violation of this chapter shall be deemed to have 

committed a violation of this code. If the Gaming Commission should have reasonable cause to 

believe any such violation was committed, it may impose licensing sanctions, fines, prosecution 

and exclusion. 

AMENDED GAMING ORDINANCE 8.07.12 
Chapter 10 

National lndian Gaming Commission 

Tribal - State Compact 

Sections 1001. National lndian Gamincl Commission - Regulations 

Notwithstanding any provision of this Gaming Ordinance or any regulation promulgated 

thereunder, The Gaming Commission is fully empowered to comply with all regulations 

promulgated by the National lndian Gaming Commission, (NIGC), including but not limited to, all 

requirements to report ordinances, contracts, license applications, background checks, and other 

information to the National lndian Gaming Commission. The Gaming Commission shall also 

serve as the designated agent as required under the National lndian Gaming Commission 

regulation. 

Section 1002. National lndian Gamincl Commission -Assessment 

Notwithstanding any provisions in the Gaming Ordinance or any regulation promulgated 

thereunder, the Tribal Gaming Commission is fully empowered to ensure compliance with all 

assessments authorized by the National lndian Gaming Commission. Such assessment shall be 

directed to be paid by the gaming operation. 

Section 1003. Compact with the State of California 

Notwithstanding any provision in this Gaming Ordinance or any regulation promulgated 

thereunder, the Gaming Commission is fully empowered to comply with the provisions of any 

compact between the Tribe and the State of California. 

CHAPTER 11 

Miscellaneous 

Section 1101. Security 

Each licensed gaming establishment must provide for reasonable security. All security personnel 

must be licensed by the Gaming Commission 

Section 1102. Maintenance of Ordinance and Reclulations 

Each licensee shall obtain, maintain and keep current a copy of the Gaming Ordinance and 

regulation promulgated there-under, which shall be located at the premises used for the conduct 

of any licensed gaming activity. The Ordinance and regulation shall be produced by the licensee 

and Ordinance shown to any authorized person upon demand. That licensee may not have a 

current copy of the, or each regulation the Gaming Commission, shall not in way diminish the 

licensee's obligation to abide by the Ordinance and regulation. 

Section 1103. Compliance with other laws 

The construction, maintenance and operation of any facility in which gaming and related activities 

are to take place shall be in a manner which adequately protects the environment and the public 

health and safety and shall comply with any otherwise applicable and Federal laws relating to 

environmental protection and public health and safety. 

AMENDED GAMING ORDINANCE 8.07.12 28 
Section 1104. Amendments 

All provisions of this Gaming Code are subject to amendment by the Bishop Paiute lndian Tribal 

Council. All regulations promulgated by the Gaming - Commission are subiect to ProDer revision. . . repeal or amendment by the ami in^ commission. 

Section 1105. Severability 

If any provision of this Ordinance, or its application to any purpose or circumstance, is held invalid 

by a court of competent jurisdiction, the full remainder of the provision, or the application of the 

provision through another person or circumstance, shall not be affected. If any provision of this 

Ordinance is determined to be in conflict with any Federal or State Gaming laws or regulation, or 

future Tribal - State Compact, the applicable Federal or State laws and regulations or Compact 

provisions shall prevail as applicable to that conflicting provision of this Code only. The remainder 

of this Ordinance shall remain valid and in effect. This section in no way is to be interpreted as a 

waiver of the Tribe's sovereign immunity. 

Section 1106. Designated Agent 

The designated agent for notice to any official determination, order, or notice of violation by the 

NlGC as required by 25 C.F.R. 519.1 is the Gaming Commissioner; 

Section 11 07. Law Enforcement 

This Tribal Gaming Ordinance shall take effect when signed by the Tribal Chairman and upon 

receipt of approval of the Chairman of the National lndian Gaming Commission. Upon receipt of 

approval of the Chairman of the National lndian Gaming Commission the Tribal Gaming 

Ordinance shall supercede and replace any and all other Tribal Gaming, Ordinances. 

Section 1108. Riqht to Exclude anv Person from the Premises at Av Time. 

Any person may be excluded from the premises for good cause at any time at the direction of any 

primary management official, general manager or authorized representative or Director of 

Security or Gaming Commission, pursuant to the authority conferred under this Ordinance and of 

the Tribal State Compact. 

Section 1109. Permissible Alcohol Beveraqe. 

No person shall have in his or her possession any opened alcohol beverage on any premises 

except for such beverage as are purchased from the Tribe or its authorized agents for on-sale 

consumption in accordance with licensing and other requirements and laws of the Tribe. 

Possession and consumption of such beverages is to be confined to such areas as are 

specifically defied by the TRIBAL COUNCIL. 

Section 1110. Prohibited Substances. 

No person shall have in his or her possession any substance prohibited by Tribal, Federal, State 

laws while on the premises. 

Section 1111. Firearms. 

No person shall have in his or her possession any firearm on any premises. This section shall not 

apply to on duty law enforcement officers or security personnel employed by the Tribe in its 

gaming operation. Upon entry to any gaming operation, those carrying firearms shall register 

them at the cashier's office on a form prescribed for such purpose. 

Section 11 12. Disorderly Conduct. 

AMENDED GAMING ORDINANCE 8.07.12 
No person shall engage in conduct which is violent, abusive, indecent, profane, boisterous, 

unreasonably loud, or othewise disorderly under circumstances in which the conduct tends to 

cause or provide disturbance on any premises. 

Section I1 13. Enforcement 

Any person who violates any of the above subsections shall be asked to leave the premises. If 

any person so requested to leave refuses to promptly leave the premises, any of the Tribe's 

authorized law enforcement officers or security personnel shall be called to escort such person 

from the premises. 

Section 11 14. Tans~ortation Providers. 

No person providing conveyance on Tribal Lands or whose destination is Tribal Lands, shall be 

permitted to transport any gaming machines, without the consent of the Gaming Commission. 

Section 11 15. Aaent for Process. 

The agent for Service of Process shall be the Tribal Chairperson or histher designated agent. 

Chapter 12 

Rescinding of Prior Ordinances 

This Amended Tribal Gaming Ordinance shall supercede and replace any and all other Tribal 

Gaming Ordinances previously adopted or enacted by the Tribal Council and any prior Ordinance 

dealing with the subject of gaming. 

Chapter 13 

Effective Date 

This Amended Tribal Gaming Ordinance approved and adopted this date, shall take effect upon 

beina sianed bv the Tribal Chairfnan and Tribal Council Secretaw and upon receipt of apwwal . . of 

the Eharman &the ~atio~flndian Gaming Commission. 

Date: 

Tribal Chairman 

:(/- 

AMENDED GAMING ORDINANCE 8.07.12 

Date: $dfl-L-L 
AMENDED GAMING ORDINANCE 8.07.12