November 3,2004 

Mr. Frank Gardner, Chairman 

Burns-Paiute Tribal Gaming Regulatory Agency 

Old Camp Casino 

2205 W. Monroe 

Burns, OR 97720 

Re: Approval of Burns-Paiute Tribe Gaming Ordinance amendments 

Dear Chairman Gardner: 

This is in response to your August 6,2004, letter seeking review and approval of the 

amendments to the Burns-Paiute Tribe's gaming ordinance, enacted pursuant to Tribal 

- 13. The amendments conform the ordinance to the Tribe's rewith the State of Oregon and are hereby approved. 

submission. If you have any questions or require further 

el Gross, Staff Attorney, at 202-632-7003. 

Chaiman 

NATIONAL HEADQUARTERS 1441 L St NW, Suite 9100, Wa5hington DC 20005 Tel 202 632 7003 Fax- 202 632 7065 WWW.NlGC.GOV 

REGIONAL OFFICES Portland. OR. Sacramento, CA, Phoenix, AZ, St Paul, MN, Tulsa, OK 
100 PASlGO STREET BURNS, OREGON 97720 

PHONE (541) 573-2088 

FAX: (541) 573-2323 

BURNS PAIUTE TRIBE 

Burns Paiute Tribal Council 

RESOLUTION NO. 2004-1 3 

Approval of Burns Paiute Tribal Gaming Ordinance 

WHEREAS, the Burns Paiute Tribe ("Tribe") is a federally recognized Indian Tribe 

pursuant to the Indian Reorganization Act of June 18, 1934 (48 Stat. 984): AND 

WHEREAS, the Burns Paiute Tribal Council ("Council") is the elected governing body 

of the Burns Paiute Tribe and is authorized to act on behalf of the Tribe pursuant to 

Article VI of the Tribe's Constitution, as approved and adopted on February 19, 1988 and 

approved by the Secretary of Interior June 3, 1988 (the "Constitution"); AND 

WHEREAS, the powers of the Burns Paiute Tribal Council, Article VI, Section 1 (a), to 

negotiate with the Federal govenlrnent on behalf of the Tribe; AND 

WHEREAS, the powers of the Bums Paiute Tribal Council, Article VI, Section I (e), to 

manage all economic affairs and enterprises of the community; AND 

WHEREAS, the Indian Gaming Regulatory Act, adopted by Corlgress on October 12, 

1988, sets forth the requirements for the conduct of Class I1 and Class 111 Gaming, which 

requirements include the adoption of a Gaming Ordinance for class I1 and Class I11 

gaming and the approval of said Ordinance by the National Indian Gaming commission; 

AND 

NOW TI-IEREFORE BE IT RESOLVED, that the Tribal Council does hereby adopt 

the attached Gaming Ordinance to govern the conduct of all Class I1 and Class I11 gaming 

within the Bums Paiute Indian Reservation; AND 

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

directed to transmit the attached Gaming Ordinance, along with all supplemental 

information required by federal regulations, to the National Indian Gaming Comn~ission 

for their review and approval. 
CERTIFICATION 

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

hereby certify that the Tribal Council is composed of seven (7) members of whom (5) 

constituting a quorum, were present at a meeting thereof duly and regularly called, 

noticed, convened, and held on this &day of July, 2004, and that the foregoing 

resolution was duly adopted by an affirmative vote of 4 members, with opposing 

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

J 

Chairperson: Barbara Sam 
BURNS-PAIUTE TRIBE 

GAMING ORDINANCE 

Section 1. 

Tnis Ordinance shall be known as the Burns-Paiute Tribe Gaming Ordinance. 

Section 2. Findings. 

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

A. The Burns-Paiute Tribe has authority to regulate Class I and I1 gaming 

activities on Indian Lands as defined at 25 U.S.C. 2703(4) (b) within the 

Burns-Paiute Reservation; and 

B. The Bums-Paiute Tribe is authorized to operate, license and regulate Class 

I11 Gaming on Indian Lands, as defined at 25 U.S.C. 2703(4) (b), within the 

Burns-Paiute Reservation, provided it has entered into, and operates Class III 

Gaming consistent with, a compact entered into between the Tribe and the 

State of Oregon; and 

C. It is essential to the health, safety and general welfare of the Burns-Paiute 

Tribe and the visitors to Burns-Paiute Reservation that standards and 

regulations be promulgated to govern the conduct of gaming activities on 

Burns-Paiute Reservation lands. 

Section 3. Purposes. 

The purposes of this Gaming Ordinance are to: 

A. Provide standards and regulations governing the conduct of gaming activities 

on Burns-Paiute Indian Lands within the Bums-Paiute Reservation; 

B. Promote Tribal economic development; 

C. Enhance employment opportunities for Tribal members; 

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

E. Generate revenue for use in improving the health, education and general 

welfare of enrolled members of the Burns-Paiute Tribe. 
8. "Class I11 Gaming Contract: means a contract that involves major or 

sensitive procurements for the provision of any goods or services for the 

conduct of Class I11 Gaming. 

1. "Class I1 Gaming Contractor" is any individual, business or other Entity that 

applies for or is a party to a Class I1 Gaming Contract. 

10. "Class I11 Gaming Contractor" is any individual, business or other Entity that 

proposes to consummate, or in fact consummates a Class I11 Gaming 

contract. 

1 1. "Compact" means the Compact by and between the Burns-Paiute Tribe and 

the State of Oregon dated December 26,2002, setting forth an agreement for 

operation of Class 111 Gaming on Burns-Paiute Indian Reservation within the 

State of Oregon. 

12. "Entity" means any organization, including any division, department or other 

unit therein, and includes, but shall not be limited to, a public or private 

corporation, partnership, joint venture, voluntary or unincorporated 

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

department of governmental agency except that "Entity" shall not include the 

Bums-Paiute Tribe. 

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

Commission, created by this Ordinance. 

14. "Gross Receipts" means the total receipts from the conduct of gaming 

activities. 

15. "High Security Employee" means any natural person who participates in the 

operation or management of the Class 111 Tribal Gaming Operation, whether 

employed by the Tribe or by a person or entity providing on-site or off-site 

gaming operation or management services to the Tribe, including but not 

limited to: Tribal Gaming Operation administrators, managers and assistant 

managers, gaming facility surveillance or security personnel, dealers, 

croupiers, shift supervisors, cage personnel (including cashiers and cashier 

supervisors), drop and count personnel, Consultants, Video Lottery Terminal 

technicians, junket representatives; and any other person whose employment 

duties require or authorize uncontrolled access to areas of the Gaming 

Facility related to Class I11 gaming and which are not otherwise open to the 

public. The Tribal Gaming Commission or its inspectors shall not be 

considered "High Security Employees". 

16. "Indian Lands" or "Burns-Paiute Indian Lands" means all lands within the 

exterior boundaries of the Bums-Paiute Indian Reservation; and any lands 

title to which is either held in trust by the United States for the benefit of the 
d. Video devices or other equipment, except equipment specifically 

included in the definition of Sensitive Procurement. 

e. A contract or license to use a patented game or game product; 

f. Accounting systems or surveillance systems; 

g. A contract that provides for, or the terms of which will make 

necessary, a continuing relationship over time (more than thirty days) 

between the parties; or 

h. A contract that involves or requires commitments by either party to the 

contract such that there would be substantial financial consequences to 

one of the parties if the contract or procurement action was terminated 

prematurely. For this purpose a contract involving consideration or 

value of $100,000 or more shall be deemed to involve substantial 

financial consequences to one of the parties if the contract or 

procurement action was terminated prematurely. 

23. "Minor Procurement" means any procurement action or contract related to 

Class I11 Gaming that is neither a Major Procurement nor a Sensitive 

Procurement. A typical example of this class of procurement is a contract to 

change the external appearance of a Video Terminal. 

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

Indian Gaming Commission, created by the Act. 

25. "Net Revenues" means gross gaming revenues of an Indian gaming 

operation lessa. Amounts paid out as, or paid for, prizes; and 

b. Total gaming related operating expenses, excluding management fees. 

26. "Non Banking Card Games" means any care game in which two or more 

Players play against each other and the Players do not wager against the 

house. Non-Banking Card Games played in conformity with State law 

regulating hours of play, wagers and pot limits is Class I1 Gaming. All other 

Non-Banking Card Games are Class HI games. 

27. "Player" means any person participating in gaming activity, who is 

participating with the reasonable expectation of, or for the chance of, 

receiving a Prize of some value. 

28. "Primary Management Official" means any person who: 
37. "Video Lottery Terminal" or "VLT" means any electronic or other device, 

contrivance or machine where the game outcome decision-malung portion of 

the overall assembly is microprocessor controlled wherein the ticket or game 

outcome is displayed on a video display screen, electronically controlled 

physical reels, or other electronic or Electro-mechanical display mechanism 

and that is available for consumer play at the device upon payment of any 

consideration, with winners determined by the application of the element of 

chance and the amount won determined by the possible prizes displayed on 

the device and which awards game credits. Such device shall also display 

both win amounts and current credits available for play to the player. 

Section 5. Gaming Authorized and Regulated 

A. Class I Gaming is authorized on Indian Lands, and may be conducted by any Person. 

Class I Gaming shall not be regulated by this Ordinance. 

B. Class I1 Gaming is authorized on Indian Lands. Class I1 Gaming shall be regulated 

by the Tribal Gaming Commission and shall only be operated consistent with the 

provisions of this Ordinance and I.G.R.A. 

C. Class 111 Gaming is authorized on Indian Lands. Class I11 Gaming shall be regulated 

by the Tribal Gaming Commission and shall only be operated consistent with this 

Ordinance, the Compact and I.G.R.A. 

Section 6. Use of Revenues from Class I1 and Class 111 Gaming Activities. 

Tribal revenues from Class I1 and Class I11 Gaming activities shall be used only to: 

1. fund Tribal government operations, programs or businesses; 

2. provide for the general welfare of the Burns-Paiute Indian Reservation or 

Tribal members (if the Tribal Council elects to make per capita distributions, 

the per capita distributions, the per capita distribution plan must be approved 

by the Secretary of the Interior prior to implementation as required by the 

Act); 

3. promote economic development within the Bums-Paiute Indian Reservation; 

4. donate to charitable organizations. 

Section 7. Gaming Facility. 

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

adequately protected, the Tribal Gaming Facility shall be constructed 
B. Forfeiture. 

1. Any unclaimed Prize of a Class I1 or Class I11 Gaming activity shall be 

retained by the owner of gaming activity or enterprise for ninety days 

after the Prize is available to be claimed. Any Person who fails to 

claim a Prize during such time shall forfeit all rights to the Prize, and 

the amount of the Prize shall be awarded to the Tribe. 

2. If any person under the age of eighteen (1 8) plays and otherwise 

qualifies to win any prize or compensation under Class I1 gaming, the 

prize or compensation shall not be paid. 

3. If any person under the age of twenty-one (21) plays and otherwise 

qualifies to win any prize or compensation under Class I11 gaming, the 

prize or compensation shall not be paid. 

11. ADMINISTRATION 

Section 10. Gaming 'Commission 

A. Establishment and Composition 

1. There is hereby created the Tribal Gaming Commission. 

2. The Tribal Gaming Commission shall be comprised of a Gaming 

Commissioner and two (2) members. 

B. Qualifications and Appointment 

1. The Gaming Commissioner and Commission members shall be 

appointed by the Tribal Council, and shall possess and demonstrate 

as minimum qualifications: 

a. Knowledge and experience in the commercial gaming industry; 

b. Familiarity with the Act; 

c. Knowledge, experience or familiarity with law enforcement; or 

d. Experience in and knowledge of administration and 

administrative procedure. 

2. The Gaming Commission and all Commission members shall be 

from among the Tribe's General Council membership except that 

the Tribal Council may appoint non-member Indians or nonIndians to the Gaming Commission because of their demonstrated 
2. ldentifv and define the rules of play for each Class I1 and Class I11 

game permitted; 

3. License, inspect and regulate a11 gaming activities and Persons 

employed in ganling activities conducted on Indian Lands as provided 

in this Ordinance. 

4. Conduct or cause another Entity to conduct background investigations 

of Influential Employee, Primary Management Official, lIigh Security 

Employee and Low Security Employee Applicants; 

5. Insure the Tribal Gaming Facility is operated in compliance with the 

Compact and I.G.R.A.; 

6. Carry on a continuous study and investigation of Class I1 and Class 111 

Gaming on Indian Lands for the purpose of: 

a. Ascertaining any defects in or abuses of the standards and 

regulations in this Ordinance or applicable rules and regulations; 

b. Formulating recommendations for changes in the standards and 

regulations in this Ordinance and any and all applicable rules and 

regulations; 

c. Preventing abuses and evasions of the standards and regulations 

prescribed by this Ordinance and applicable rules; 

7. Report to the Tribal Council on any matters related to gaming 

regulation which are deemed by the Gaming Commission to constitute 

an emergency requiring immediate action; 

8. Take any action it deems necessary and appropriate for violation(s) of 

this Ordinance, applicable rules andlor regulations, including but not 

limited to License suspension, revocation, prosecution, referral for 

prosecution, or civil suit; and 

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

general powers and duties of the Commission. Commission employees 

shall meet all License requirements of High Security employees. 

D. Limitation on Gaming Commission Powers: No Management 

Authority. 

Notwithstanding any power or duty delegated to the Gaming Commission 

pursuant to this Ordinance, nothing in this Section is intended to, nor shall be 
C. Privacv Act Notice on Application Forms. 

1. The following notice shall be placed on the License application 

form before that form is filled out by an applicant: 

In compliance with the Privacy Act of 1974, the following information 

is provided: Solicitation of the information on thls form is authorized 

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

to determine the eligibility of individuals to be employed in a gaming 

operation. The information will be used by National Indian Gaming 

Commission members and staff who have need for the information in 

the performance of their off~cial duties. The information may be 

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

enforcement and regulatory agencies when relevant to civil, criminal 

or regulatory investigations or prosecutions or when pursuant to a 

requirement by a tribe or the National Indian Gaming Commission in 

connection with the hiring or firing of an employee, the issuance or 

revocation of a gaming License, or investigations of activities while 

associated with a tribe or a gaming operation. Failure to consent to the 

disclosures indicated in this notice will result in a tribe's being unable 

to hire you in a Primary Management Official or Key Employee 

position. 

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

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

your application. 

2. Applicants shall be notified in writing that they shall either: 

a. Complete a new License application form that contains a 

Privacy Act notice; or 

b. Sign a statement that contains the Privacy Act notice and 

consent to the routine uses described in that notice. 

3. The following notice shall be placed on the License application 

form before that form is filled out by an applicant: 

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

grounds for not hiring you, or for firing you after you begin work. 

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

18, section 100 1 .) 

4. The Tribe shall notifl in writing applicants that they shall either: 
b. Social security number; 

c. Date and place of birth; 

d. citizenship 

e. gender 

f. All languages spoken or written; 

g. Residential addresses for the past five years; 

h. Employment history for the past five years; 

i. Ownership interests in any business for the past five years and 

address of any such business. 

j. Description of any existing or previous business relationships, ' including prior employment, with any Indian tribe and, if 

applicable, any ownership interest of such business; 

k. The names and current addresses of at least three (3) personal 

references; 

1. A description of any existing and previous business 

relationships with the gaming industry generally, including 

ownershp interests in those businesses; 

m. The name and address of any licensing or regulatory agency 

with which the applicant has filed an application for an 

occupational license or permit, whether or not such license or 

permit was granted; 

n. The name and address of any licensing or regulatory agency 

with which the applicant has filed an application for a license 

or permit relating to gaming, whether or not such license or 

permit was granted; 

o. Current driver's license number and any other driver's license 

held in the last five years; 

p. All criminal proceedings, except for minor traffic offenses, to 

which the applicant has been a party; 

q. A current photograph; 

r. Any other information required by the Gaming Commission. 
12. Falsifying business records 

13. Sports bribery or receiving a sports bribe 

14. Making a false financial statement 

15. Obtaining execution of a document by deception 

16. Theft by extortion 

17. Arson in the first degree 

1 8. Computer crime 

19. Robbery in the first or second degree 

20. Bribery 

2 1. Bribing a witness 

22. Perjury 

23. Any theft accomplished by manipulation of records; e.g., 

embezzlement 

24. Promotion of unlawful gambling 

25. Conviction of any crime if the original charge was promotion of 

unlawful gambling, and a lesser charge was plea-bargained 

26. Tax evasion 

B. Except as provided in paragraph 6 of this subsection 13(A), the Tribal 

Gaming Commission shall deny a gaming license to any High 

Security Employee or Primary Management Official whom: 

1. has, within the ten-year period preceding the date of license 

application, committed any felony other than a traffic offense, 

whether or not the crime resulted in a conviction or any such 

conviction has been expunged, under the law of any federal, 

state or tribal jurisdiction, or is the subject of a civil judgment 

under the law of any federal, state or tribal jurisdiction that is 

based on facts that constitute the elements of a felony other than 

a traffic offense, in that jurisdiction; 

2. has committed a crime involving unlawful gambling under the 

law of any federal, state (or subdivisions thereof) or tribal 

jurisdiction, whether or not conviction of such a crime has been 

expunged, or is the subject of a civil judgment under the law of 

any federal, state or tribal jurisdiction that is based on facts that 

constitute the elements of a crime involving unlawful gambling 

in that jurisdiction. 

C. Except as provided in paragraph 6 of this Subsection 13(A) the Tribal 

Gaming Commission shall deny a gaming License to any prospective 

High Security Employee or Primary Management Official who: 
High Security Employee or Primary Management Official, the factors 

to be considered by the Tribal Gaming Commission shall include, but 

need not be limited to, the following: 

1. The applicant has been convicted of any crime (other than a 

crime listed in subparagraph a. of this paragraph) in any 

jurisdiction; 

2. The applicant has associated with Persons or businesses of 

known criminal background, or Persons of disreputable 

character, that may adversely affect the general credibility, 

honesty, integrity, security, fairness or reputation of the Tribe's 

class 111 gwing activities; or 

3. There is any aspect of the applicant's past conduct that the 

Tribal Gaming commission determines would adversely affect 

the honesty, integrity, security or fairness of Tribal gaming 

operation. 

F. The Tribal Gaming Commission shall deny a License to any 

prospective Low Security Employee who does not meet the criteria 

established in sub-subparagraphs (I) to (5) of this Section (#13). The 

Tribal Gaming Commission may deny a License to any prospective 

Low Security Employee, who does not meet the criteria establishment 

in sub-subparagraphs (6) to (26) of this Section (# 13) or in 

subparagraphs C. or D. of #5 Section 13. Decisions to grant or deny a 

Low Security Employee License shall be consistent with the principles 

set forth in subsection A of section 6 of the Compact. 

G. The Tribal Gaming Commission may reject an application if the 

applicant has not provided all of the information requested in the 

application. 

6. Denial of employment or a License by the Tribal Gaming Commission is 

final. 

7. Waiver of Disqualifying; Criteria. 

a. Not withstanding the requirements of #5 (above) of this subsection, 

if a prospective Primary Management Official, High Security 

Employee, or Low Security Employee is disqualified for licensing 

or employment under the provisions of paragraph 5 above, and the 

Tribal Gaming Commission believes that there are mitigating 

circumstances that justify waiver of the disqualifying factor, the 
8. Temporary licensing of employees 

a. The Tribal Gaming Commission may issue a temporary License to 

High Security Employees 15 days after submission of the 

application to the Oregon State Police, or upon completion of a 

review of the employee's application and completion of a 

computerized criminal history check and credit check by the Tribal 

Gaming Commission, if the applicant would not be disqualified on 

the basis of the results of the application review and preliminary 

checks. The temporary License shall expire and become void upon 

completion of the full background check by the Oregon State 

Police and submission of the results to the Tribal Gaming 

Commission. If the employee does not qualify for a permanent 

license, the Tribal Gaming commission shall immediately void the 

temporary license and deny a permanent license. 

b. The Tribal Gaming Commission may issue a temporary license to 

a Low Security Employee upon submission of the application to 

the Oregon State Police, or upon completion of a review of the 

employee's application and completion of a computerized criminal 

history check by the Tribal Gaming Commission, if the applicant 

would not be disqualified on the basis of the results of the 

application review and preliminary checks. Any Low Security 

Employee shall be subject to immediate license revocation if the 

Oregon State Police or the Tribal Gaming Commission determines 

that the employee does not meet the criteria established in 

subparagraph 7(A)(5)(d). 

c. For purposes of this paragraph, if an application is forwarded by 

mail to the Oregon State Police or the results of a background 

check by the Oregon State Police are provided to the Tribal 

Gaming Commission by mail, the material is deemed to be 

submitted three days after the date of mailing. 

d. No temporary license may be granted under this paragraph to a 

Primary Management Official or to a consultant performing or 

consulting on Primary Management Oficial functions or duties. 

9. Backnound investigation during, employment. The Tribal Gaming 

Commission may request the State to conduct additional background 

investigations of any gaming employee at any time during the term of 

employment. The State shall report to the Tribal Gaming Commission 

any cause for the revocation or suspension of License and dismissal of 

any employee under the criteria established in paragraph 5 of 

subsection A above, and furnish the Tribal Gaming commission with 
d. After a revocation hearing, the Tribal Gaming Commission shall 

decide to revoke or to reinstate a gaming License. The Tribal 

Gaming Commission shall notify the NIGC of its decision. 

12. The decision of the Tribal Gaming Commission to grant a License to a 

Primary Management Official, High Security Employee or Low 

Security Employee is subject to the review and approval of the NIGC 

as provided in Section 14 of this Ordinance. 

13. The Tribal Gaming Commission shall insure that the Primary 

Management Officials maintain a procedural manual for employees 

that includes rules and regulations of conduct and disciplinary 

standards for breach of procedures and that prohibits violations of this 

Ordinance, I.G.R.A., the Compact and other applicable law. 

14. The Tribal Gaming Commission agrees to provide to the Oregon State 

Police on a monthly basis, a list of all current employees of the 

Gaming Facility and to give notice to the Oregon State Police of any 

disciplinary action or termination of an employee, related to the 

fairness, integrity, security or honesty of the Tribe's Class III gaming 

activities, and any suspension or revocation of an employee's gaming 

license. 

B. Contracts with Manufacturers and Suppliers. 

a. Contracts with manufacturers and suppliers will conform to the 

Burns PaiuteIState Class 111 Gaming Compact. 

Section 14. National Indian Gaming Commission Review of Employee Licenses. 

A. Report to the National Indian Gaming Commission. 

1. The Tribal Gaming Commission shall prepare and forward to the NIGC an 

investigative report on background investigations for each Primary 

Management Official, High Security Employee or Class I1 Gaming 

Employee. The investigative report shall be submitted to the NIGC within 

60 days after such employee begins work in the Tribal Gaming Facility. 

The Investigative report shall include all of the following: 

a. Steps taken in conducting a background investigation; 

b. Results obtained; 

c. Conclusions reached; and 
Security Employee or Class II Gaming Employee for whom the Tribal 

Gaming Commission has provided an application and investigative report 

to the NIGC, the Tribal Gaming Commission shall reconsider the 

application, taking into account the objections itemized by the NIGC. The 

Tribal Gaming Commission shall make the final decision whether to issue 

a License to such applicant. 

Section 15. License Suspension and Revocation. 

A. Suspension and Revocation. 

Any License issued by the Tribal Gaming Commission shall be 

suspended, without prior notice, if the National Indian Gaming 

Commission, after notification by the Tribal Gaming Commission of the 

issuance of a License, and after appropriate review, indicates that a 

Primary Management Official, High Security Employee or Class II 

Gaming Employee does not meet the standards established and set forth 

herein, pursuant to 25 U.S.C. 2710, and after notice and hearing may 

revoke such License. 

2. The Tribal Gaming Commission shall immediately suspend, and after 

notice and hearing, revoke the License issued pursuant to this Ordinance 

to any Person or Entity who is or becomes ineligible to hold a License 

under this Ordinance or who violates any provision of this Ordinance, or 

of 25 U.S.C. 2701 et seq., or of 18 U.S.C. 1163 or regulations 

promulgated and adopted thereunder. 

B. Revocation Notice. 

1. The Tribal Gaming Commission shall promptly notify in writing any 

Licensee whose License has been or will be revoked and shall include in 

said notice: 

a. The effective date of the revocation; 

b. The reason(s) for the revocation; 

c. The right of the Licensee to appeal the revocation to the Tribal 

Court within ten (1 0) days of the Licensee's receipt of the 

revocation notice. 

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

Gaming Commission. 

C . Revocation Hearing 
For purposes of this definition, Oregon State law does not include 

county or municipal laws or regulations. 

4. "Game Card" and "Bingo Game Card" means a Regular or Special 

Bingo Card. 

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

opened by customers revealing a predetermined winning arrangement. 

6. "Punch Board" means a small board that has many holes, each filled 

with a rolled up printed slip to be punched out upon payment of a 

Player fee, in an effort to obtain a slip that entitles the Player to a 

designated Prize. 

7. "Regular Bingo Card" means a board card issued to a Person upon 

payment of admission fee which affords a Person the opportunity to 

participate in all regular Bingo games played at a Bingo occasion. 

8. "Special Bingo Card" means a disposable, specially marked Bingo 

card which affords a Person the opportunity to participate in a special 

Bingo game for special Prizes, or a game card generated by and 

appearing on the screen of a computer employed by the Gaming 

Facility and assigned to a Player for a Bingo garne(s). 

9. "Special Bingo Game" means any Bingo game that is not a regular 

Bingo game and which is played with special Bingo cards whether or 

not for special Prizes. 

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

of a fee, is permitted to reach into, or tip a jar containing printed slips, 

and extract one slip in an effort to obtain a slip that entitles the Player 

to a designated Prize. 

Section 17. Authorization to Conduct Class Il Gaming. 

A. Class I1 Gaming shall be owned and operated exclusively by the Tribe, and no 

License to own or operate any Class I1 Gaming shall be issued to any other 

Person or Entity. Class Il Gaming on Burns-Paiute Indian Lands shall only be 

authorized at the Tribal Gaming Facility. 

B. The Manager or operator of the Tribal Gaming Facility shall obtain a License 

as a condition of conducting a Class I1 Gaming activity in the Facility. 
Section 22. Entrv Prohibited. 

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

Person is a Player, except facility employees and Persons present by authority of the 

Gaming Commission, for purposes of inspection or regulatory duties. Non-Bingo 

playing persons (i.e. family members, fnends, etc) are allowed to enter the room where 

Bingo is being played for 5 minutes only to talk to player (i.e. ride, get money to play 

slots, etc). 

Section 23. Hours of Operation; Notice to Commission. 

Class 11 Gaming may be conducted 24 hours a day, seven days a week, as 

determined by the Manager or operator of the Tribal Gaming Facility. The Manager or 

operator shall notify the Tribal Gaming Commission of its schedule for hours of 

operation seven days before the opening of the Tribal Gaming Facility, and shall provide 

written notice of any subsequent change of the schedule of hours of operation three days 

prior to the effective date of the new schedule. 

IV. Class I11 Gamine. 

Section 24. Exclusive ownership by Tribe. 

Class 111 Gaming shall be owned and operated exclusively by the Tribe, and no 

License to own or operate any Class III Gaming shall be issued to any other Person or 

Entity. 

The Manager or operator of the Tribal Gaming Facility shall obtain Facility 

License as a condition of operating a Class ID Gaming operation. 

Section 25. Authorized Operation. 

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

Gaming Facility may operate Class 111 Gaming at the Tribal Gaming Facility 

on Burns-Paiute Indian Lands. 

B. The Tribe, or any Manager or operator under contract to manage the Tribal 

Gaming Facility shall submit its proposed Class III operation, which shall be 

approved by the Gaming Commission if: 

1. the proposed facility is in compliance with safety requirements of 

this Ordinance; and 

2. the Class 111 Gaming proposed is consistent with the Compact; and 
V. Records and Audits 

Section 30. Records Maintenance 

The Tribal Gaming Facility shall maintain accurate and up-to-date records for 

each gaming activity conducted. 

Records shall include records of: 

1. all financial transactions; 

2. all gaming machine testing, malfunctions, maintenance and repairs; 

3. personnel; 

4. complaints of patrons and resolution thereof; 

5. .Gaming Facility in-house investigations of incidents and accidents of 

any kind; 

6. Actions by Gaming Facility against Players or facility visitors; 

7. Actions by Gaming Facility against or in reprimand of employees; and 

8. Tax records or information provided to the State of Federal 

government as required by the Compact or Federal law. 

Section 3 1. Independent Audits. 

A. Gaming Activities Licensed or Conducted by the Tribe. 

The Tribal Gaming Commission shall require, and the Tribal Council shall cause, 

an audit to be conducted each year on all Class II and Class HI Gaming activities 

Licensed or conducted at the Tribal Gaming Facility. Such audit(s) shall be conducted by 

an independent auditing firm, selected at the sole discretion of the Tribal Council, or the 

Tribal Gaming Commission on its behalf. However, nothing in this paragraph shall 

prohibit the annual audit of Tribal gaming activities from being encompassed within the 

Tribe's existing audit system. 

B. Contracts for Supplies, Services or Concessions. 

Each contract for supplies, services, or concessions with a contract amount in 

excess of $25,000 annually (except contracts for professional legal or accounting 

services) relating to a Class I1 or Class 111 Gaming activity shall be subject to the 

independent audit required by subparagraph (A), above. 
1. Operate or participate in gaming on Bums-Paiute Indian Lands in 

violation of the provisions of this ordinance or in violation of rules 

andlor regulations promulgated pursuant to this Ordinance. 

2. Knowingly make a false statement in an application for 

employment or contractor License application as required in this 

Ordinance; or 

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

influence, any Person who Licenses, operates, conducts, assists, or 

is otherwise employed in a gaming activity or enterprise located on 

Bums-Paiute Indian Lands. 

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

relating to gaming activities may be fined not more than $1,000 and/or 

imprisoned for up to one year for each violation. A separate violation occurs 

on each day that a violation arises or continues. 

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

Ordinance may be seized by the Tribal Gaming Commission or their agents. 

The owner of the property shall be afforded an opportunity to object and be 

heard in accordance with principles of due process. If no objection is raised, 

or the objection is not sustained, the Tribe may dispose of the seized property. 

D. Any non-Indian who violates a provision of this Ordinance may be excluded 

from the Indian Lands within the jurisdiction of the Bums-Paiute Tribe. 

Section 34. Civil Penalties. 

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

issued pursuant to this Ordinance or any provision of a management contract 

issued pursuant to Sections 18 andlor 26 or Section 33, above, may be 

assessed a civil penalty by the Tribal Gaming Commission. Such penalty may 

be assessed only after the Person or Entity has been given notice and an 

opportunity to be heard before the Tribal Court. Each violation shall be 

treated separately and may be assessed as a separate violation. 

B. The penalty assessed pursuant to subparagraph A, above, shall not exceed 

$5,000 per violation, or twice the amount of any grand Prize awarded in a 

gaming activity which is directly associated with the violation, whichever is 

greater. 

C. Civil penalties provided for in this Section may be imposed in addition to the 

criminal penalties provided for in Section 34 above. 

Section 35. Enforcement.