RO SON RANCRERIA OF P0)10 IND S 11 o 0 1~) n V1~

GAMING ORDINANCE OF 1993 I~ ~j U \J ~

TEE ROBINSON RANCHERIA OF P0)10 INDIANS, a federally recognized

Indian Tribe (Tribe) hereby enacts the following Gaming Ordinance,

which shall be known as the ROBINSON RANCHERIA GAMING ORDINANCE OF

1993 (Ordinance):

Section 1. Findings and Policy

The Tribe finds that Gaming on its reservation is a valuable

means of promoting Tribal economic development, self-sufficiency,

employment, job training and strong Tribal government. This Gaming

Ordinance has been enacted for the purpose of establishing the term

for gaming on the reservation for Tribal governmental and charitable

purposes, and to operate such gaming consistent with such findings

and in conformity with the Federal Indian Gaming Regulatory Act (25

U.S.C. 2701 et siq. (IGRA) and regulations promulgated

thereunder.

Section 2. Definitions.

Unless specified otherwise, terms used herein shall have the

same meaning as in IGRA, including but not limited to references to

Class I, Class II, and Class III gaming, except for references

to Coninissioners and Coninission, which shall be deemed to mean

the Coninissioners of the Robinson Rancheria Gaming Comission

(Gaming Coninission) described below.

a. Closely associated independent contractor shall mean any

contractor that shares coninon ownership, officers or directors with

any management principal or persons related thereto.

b. Gaming Activities shall mean any Class I, Class II, or

Class III gaming conducted by or under the jurisdiction of the Tribe.

c. Gaming Contractors shall mean any person or entity that

supplies gaming devices or other gaming equipment, personnel, or

services (including gaming management or consulting services) to any

gaming activity or enterprise of the Tribe.

d. Gaming Enterprise shall mean any gaming business, event,

enterprise or activity conducted by or under the jurisdiction of the

Tribe.

e. Key Employee shall mean a person who performs one or

more of the following functions: Bingo Caller, Counting Room

~upervisor, Chief of Security, Custodian of Gaming supplies or Cash,

Floor Manager, Pit Boss, Games Supervisor, Dealer, Croupier, Approver

of Credit, or Custodian of Gaming Devices,

(page 1 of 15 pages)

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including those pe us with any access to Cask~ or Accounting records

within such devices. If not otherwise included, any other person

whose total cash compensation is in excess of $ 50,000. per year, and

the four most highly compensated persons in the Gaming Enterprise are

to be considered Key Employees. At the discretion of the Tribe,

other positions or persons may be included under the requirements for

Key Employees.

f. Primary Management Official shall be deemed to mean the

person who has management responsibility for a management contract;

or any person who has the authority to hire or fire employees or to

set up working policy and procedures for the Gaming Enterprise; or

the Chief Financial Officer or nay other person who has or holds

Financial Management responsibility in the Gaming Enterprise.

g. Robinson Rancheria Business Council shall be deemed to

mean the governing elected body of the Tribe, as set forth in the

Tribal Constitution and ByLaws.

h. Tribal Council shall be deemed to mean the voting

General Tribal Membership of the Robinson Rancheria of the Porno

Indians.

i. Person shall be deemed to mean any natural person or

entity, including but not limited to corporations, partnerships and

Trusts.

j. Related To shall be deemed to refer to persons who are

family related as a father, mother, sister or brother.

k. Reservation shall be deemed to cover all lands under the

jurisdiction and control of the Tribe.

Section 3. Ownership of Gaming.

Except to the extent that the Tribe may contract with and

licence a person or entity to own, operate or manage the Gaming

Enterprise pursuant to the provisions of IGRA or as otherwise

permitted by Law, the Tribe shall have the sole propriety interest in

and the responsibility for the conduct of any gaming operation

authorized by this Gaming Ordinance.

Section 4. Gaming Coninission.

a. Establishment of a Gaming Coninission:

There is to be established by the Tribe hereby a Gaming

Coninission that will be known as the Robinson Rancheria Gaming

Coninission. The Gaming Coninission shall be composed of Seven (7)

sitting members and two (2) alternates of and from the Tribe, all of

whom shall be elected by members of the Tribe.

(page 2 of 15 pages)
b. Disqualifications for Office:

The following persons may not serve as Members of the Gaming

Commission:

1. Employees or Managers of any Gaming Enterprise on the

reservation;

2. Persons related to any gaining contractor (including any

principal thereof or closely associated independent contractor);

3. Persons who would not be eligible to be Officers of the

Tribe pursuant to the Tribes Constitution and its ByLaws.

c. Terms of Office:

The elected Members of the Gaming

Commission shall serve I or a term of two (2) years, except that

immediately after enactment of the Gaming Ordinance, three (3) of

those elected Gaming Commissioners term of office shall be no longer

than a period of two (2) years while four (4) of the elected Gaming

Commissioners term of office shall be for a period of three (3)

years. Gaming Coninissioners may be re-elected to serve for more than

one term of Office. Elected alternates shall not serve for a period

of longer than two (2) years.

d. Causes for Removal from Office:

Gaming Commissioners may

only be removed from Office before the expiration of their Terms by

the General Tribal Council. Causes f or removal from Office are;

Neglect of Duty, Malfeasance in Office or Absenteeism at three (3)

consecutive Gaming Coawnission Meetings or other good cause as

determined by a twenty five percent (25%) vote of the General Tribal

Council.

e. Quorum needed I or Meetings:

A total of five (5) Members

of the Gaming Commission shall constitute a Quorum.

f. Gaming Commission Alternates:

The two (2) elected

Alternates shall serve at the Gaming Commission Meetings only in the

event that all Seven (7) Gaming Commissioners can not be present. One

elected Alternate shall be elected Number One Alternate, to be called

first to serve for a missing Gaming Commissioner. If two (2) or more

Gaming Commissioners are not available for a scheduled meeting then

both Alternates will be called to attend.

g. Officers and Duties:

The Gaming Commission shall elect,

by a majority vote, a Chairperson, a Vice-Chairperson, and a

Secretary. The Chairperson shall preside over all meetings of the

Gaming Commission with the Vice-Chairperson presiding whenever the

Chairperson can not be present. The Secretary shall record in writing

all minutes of all Gaming Commission Meetings and all of the Official

Actions taken by the Gaming Commission. The Secretary shall have

copies available to any requesting Tribal Member within six (6) days

after any such Meeting.

(page 3 of 15 pages)
h. Voting:

All actions of the Gaming Coninission shall be

taken upon a majority vote. The Coniniaaion Chairperaon may vote on

any issue.

i. Meetings:

Meetings shall be held at least once a month,

on the first Saturday of the month at 7:00 PM at the Tribes primary

meeting facility. Additional meetings shall be held as called by the

Gaming Coninission Chairperson or by at least four (4) other Gaming

Coninissioners. Notices of meetings shall be given in writing to each

Gaming Coninissioner, served by first class mail or by personal hand

delivery at least five (5) business days prior to such called

meeting. Additional meetings may be called at any time, by any

means, with the unanimous consent of all of the Gaming Coninissioners.

All Gaming Coimnission Meetings will be conducted under the Robert

Rules Of Order method.

j. Compensation for Serving; Reimbursement of Expenses:

Coninissioners shall be compensated for serving on the Tribal Gaming

Coninission at rates to be set by the Tribal Business Council. Subject

to approval by and in accordance with procedures to be adopted by the

Tribal Business Council, Gaming Conunissioners shall be reimbursed for

expenses incurred in connection with and in performance of their

Gaming Coninission duties.

k. Powers and Duties of Gaming Coninission Members:

Shall have

the Power and duties to;

1. Inspect, examine, and monitor gaming activities, including,

upon two (2) days notice to the gaming facility, the power to demand

access to and inspect, examine, photocopy and audit all papers, books

and records in respect to such gaming activities;

2. Investigate any suspicion of wrong doing in connection with

any gaming activity;

3. Conduct or cause to be conducted such investigations as may

be necessary to determine in connection with any gaming activity,

compliance with law or this Ordinance or any contracts, agreements,

goods, services, events, incidents, or other matters related to

gaming activities;

4. Conduct background investigations regarding any person that

is connected in any way with any gaining activities;

5. Hold such hearings, sit and act at such times and places,

suninon persons on the reservation to attend and testify at such

hearings, to take and record such testimony, and receive such

evidence as the Gaming Coninission deems relevant in fulfilling its

duties;

6. Administer oaths or affirmations to witnesses appearing

before the Gaming Connnission;

(page 4 of 15 pages)
7. Implement and administer a system for investigating,

licensing and monitoring employeea and othera connected with gaming

activities, as described below, including the issuance of licenses to

gaming facilities, individuals and entities as required under this

Tribal Gaming Ordinance and bRA;

8. Issue such regulations as it deems appropriate in order to

implement the provisions of this Ordinance;

9. Carry out such duties with respect to gaming activities as

the Tribal Business Council shall direct; and

10. Hire such staff and support services as deemed necessary

subject to a budget approved by the Tribal Business Council;

11. Require that all Gaming Coninissioners and all persons

involved directly with gaming activities be the holder of a picture

identification card;

1. Annual Reports:

On or before April 30th of each year, the

Gaming Comission shall provide to the Tribal Council an Annual

Report suninarizing its activities during the prior twelve (12) month

period ending on December 31st, and accounting for all receipts and

disbursements. The Gaming Congnission shall provide a report

suimnarizing its activities for that past year to the General Tribal

Council at its regularly held March Quarterly Meeting.

Section 5. Unauthorized Gaming Prohibited.

All gaming activities on the reservation (whether Class I, II or

III) are prohibited except as expressly authorized under this Gaming

Ordinance.

a. Class I Gaming.

Class I Gaming activities are hereby

permitted to the extent consistent with Tribal custom and practice.

The Tribal Council may prohibit and prevent any conduct which is

claimed to be Class I Gaming if the Tribal Council finds that such

conduct is not consistent or in accordance with Tribal customs or

practices or violates IGRA or nay other law.

b. Class II and Class III Gaming

Class II and Class III

Gaming on the reservation is hereby authorized provided the Tribe has

sole proprietary interest in and responsibility for the conduct of

any gaming enterprise, or to the extent that the Tribe may contract

with and licence a person or entity to own, operate or manage the

enterprise pursuant to the provisions of IGRA or as otherwise

permitted by law. Nothing herein shall prohibit the Tribe from

engaging the services of non-Tribal persons as employees thereof or

engaging any person or entity to provide consulting services or other

technical assistance to Tribe. All Class III gaming shall be

conducted in accordance with any Tribal-State Compact between the

Tribe and the State of California or alternative thereto as provided

by IGRA, and as referenced below.

(page 5 of 15 pages)
Section 6. Gaining Revenues.

a. Tribal Property.

Except as provided for under the terms of

an agreement pursuant to the provisions of IGRA or as otherwise

permitted by law, all revenues generated from any Class II or Class

III Gaming Activities are the property of the Tribe. Any profits or

net revenues from gaming activities shall be deposited into the

Tribes general treasury or such other Tribal account as the Tribe

shall determine. No Tribal Member shall be deemed to have any

interest therein, provided that the Tribal Business Council may adopt

rules for distributing Class II or Class III Gaming proceeds to

Members on a per capita basis provided such plan meets the

requirements of IGRA, 25 U.S.C.2710 (b)(3). Once becoming part of

the Tribes treasury, revenues generated from gaming activities shall

lose any identity as gaming revenues except to the extent necessary

to comply with applicable law.

b. Use.

Net revenues from gaming activities are not to be

used for purposes other than:

1. To fund Tribal governmental operations or programs;

2. To provide for the general welfare of the Tribe and its

Members;

3. To promote Tribal economic development;

4. To donate to charitable organizations or;

5. To help fund operations of local government agencies.

Section 7. Operation of Gaming Enterprises:

a. Gaming Permitted as Licenced.

Except to the extent

authorized by an agreement pursuant to the provisions of IGRA or as

otherwise permitted by law, gaining activities shall only be conducted

in Tribal owned, operated and licenced facilities pursuant to the

Ordinance. Such activities shall be conducted in accordance with the

terms and conditions of any licence issued by the Tribe for such

purposes as to each facility for other activities, rules of conduct

for employees and patrons, regulation of alcoholic beverages, food

handling and entertainment, and such other matters as the Gaming

Coninission or the Tribal Business Council may deem necessary to the

conduct of the gaming activities therein.

b. Gaming Facility.

Any construction or maintenance of any

gaming facility, and the operation of gaining therein, shall be

conducted in such a manner which will adequately protect the

environment and public health and safety.

(page 6 of 15 pages)
Section 8. Audits.

a. Annual Audits.

The Tribe shall require annual outside

auditing by a recognized independent accounting firm to be conducted

of each gaining activity. The results thereof shall be reported to

the Tribal Business Council and, to the extent required by law, the

Bureau of Indian Affairs and the National Indian Gaming Coninission

(NIGC).

b. Contracts -Audit Requirements.

All contracts for

providing supplies, services, equipment or concessions to any gaming

enterprise for a contract amount in excess of $ 25,000 annually

(except for professional legal or accounting services) shall be

subject to independent audits, and such contracts shall so specify.

Section 9. Licenses.

a. Licensing Requirements.

It is the declared policy of the

Tribe that all gaming activities be licensed and controlled so as to

protect the morals, good order and welfare of Tribal Members and

other persons on the reservation and to preserve the honesty,

fairness and integrity of all such gaming activities. Accordingly,

no person shall engage in any Class II or Class III Gaming activities

on the reservation without an appropriate and valid Class II or Class

III licence issued by the Gaming Comaission. Any gaming license

which is issued, or finding of suitability or approval by the Gaming

Coninission, shall be deemed a privilege subject to suspension or

revocation for cause.

b. Burden on Applicant.

The burden of proving an applicants

qualification to receive any license hereunder is at all times on the

applicant. Applicants must accept any risk of adverse public notice,

embarrassment or any other action which may result from the

application process and expressly waives any claim for damages as a

result thereof.

c. Applicant Claim Of Privilege

An applicant may claim any

privilege afforded by law in connection with a gaming license

application or investigation, but a claim of privilege with respect

to any testimony or evidence pertaining thereto may constitute

sufficient grounds for denial, non-issuance, suspension or revocation

of any gaming license.

d. Types of Licenses.

Three classes of licenses shall be

issued to persons associated with gaming activities:

1. Class A Licenses.

Before permitting any person to become

permanently associated with any gaming activity as an investor,

management entity, primary management official, Key Employee, closely

associated independent contractor, or other individual or entity with

influence over the management or operation of the gaming, or a Class

III gaming employee, supplier, manufacturer or distributor, such

person shall obtain a Class A License.

(page 7 of 15 pages)
The Gaming Conimissi shall cause to be conduc a background

investigation to determine if such person has:

a. Any criminal record or any reputation, prior

activities, habits or associations which might pose a threat to the

public interest or to the effective regulation of gaming;

b. Anything else in their background which might create

or enhance the dangers of unsuitable, unfair, or illegal practices

and methods and activities in the conduct of gaining.

2. Class B Licenses.

Persons who are not among those

identified in subsection (1.) but are to be employed at a gaming

facility on a reservation in some other capacity, such as in

non-gaming related activities or, at the option of the Gaming

Coninission and with the exception of Key Employees and primary gaming

management officials who shall be required to obtain a Class A

license, as Class II gaining employees, shall be required to obtain a

Class B license from the Gaming Coninission. Such persons must

establish that they have not been convicted of a crime, or engaged in

any activity which the Gaming Coninission, in its sole discretion,

deems would render such person a danger to the safety and integrity

of the gaming activity or the safety or property of the Tribe, any

Tribal Member, or any gaming employee or patron, or the public.

3. Class C Licenses.

Minors employed at a gaming facility at

the reservation may be issued a Class C license, which will entitle

them to work in any position for which a Class B license is required

for adults and not otherwise prohibited by this Ordinance or other

applicable law, provided such minors are not deemed to by the Gaming

Coninission to pose a danger to the safety and integrity of the gaining

activity or the safety or property of the Tribe, any Tribal Member,

or any gaming employee or patron, or the public. Such licenses shall

be valid for no more than six (6) months at a time and shall be

revoked upon the minor reaching the age of eighteen (18), at which

time a Class A or B license may be appropriate, and will be required.

Minors shall not be employed as Dealers or otherwise operate or

supervise the operations of games, or serve liquor.

e. Background Investigation.

1. The Tribe shall request from each primary management

official and each Key Employee all of the information specified in

subsections (a) through (n) as noted below. Further, each other

applicant for a Class A license, except as provided otherwise by the

Gaming Coninission, shall also submit in the information specified in

(a) through (n) below. The Tribe reserves the right, at any time, to

request additional information during or subsequent to any background

investigation.

(a) Full name, other names used (oral or written), social

security number(s), date of birth, place of birth, citizenship

status, gender, all languages (spoken or written);

(page 8 of 15 pages)
(b) Currently and for the last ten (10) years, business

and employment positions held, ownership interests in those

businesses, business and residence addresses and drivers license

number(s);

(c) Names and current addresses of at least three (3)

personal references, including one personal reference who was

acquainted with the applicant during each period of residence as

listed under section (b) of this section 9(e);

(d) Current business and residence telephone numbers;

(e) Description of any existing business relationships

with the gaining industry generally, including ownership interests in

those businesses;

(f) A description of any existing and previous business

relationships with indian tribes, including ownership interests in

those businesses;

(g) Name and address of any licensing or regulatory agency

with which the person has ever filed an application for a license or

permit related to gaming, whether or not such license or permit was

granted;

(h) Name and address of any licensing or regulatory agency

(federal, tribal, state, local or foreign) with which the person has

ever filed an application for a occupational license or permit and

whether or not such license or permit was granted;

(i) For each felony for which there is an on-going

prosecution or conviction: the charge, the name and address of the

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

(j) For each misdemeanor or on-going misdemeanor

prosecution or conviction (excluding minor traffic violations) within

ten (10) years of the date of the application: the charge, the name

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

any of the case;

(k) For each criminal charge (excluding minor traffic

violations) whether or not there is or was a conviction, if such

criminal charge is within ten (10) years of the date of the

application: and is not otherwise listed above pursuant to sections

(h) or (i) of this section 9(e): the criminal charge, the name and

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

of the case;

(1) Current photograph;

(in) Any other information that the Tribe may deem

relevant, and

(page 9 of 15 pages)
(n) Fingerprints consistent with procedures adopted by the

Tribe according to 25 C.F.R. & 322.2(h).

2. The Tribe shall cause to be conducted an investigation

sufficient to make a determination of eligibility required under this

Ordinance. In conducting the background investigation, the Tribe or

its agent shall promise to keep confidential the identity of each

person interviewed in the course of the investigation, pursuant to

the Privacy Act of 1974.

f. Eligibility Determination.

The Gaming Commission shall

review a persons prior activities, criminal record, if any, and

reputation, habits and associations to make a finding concerning the

eligibility of a Key Employee or primary official for employment in a

gaming operation. If the Gaming Commission determines that employment

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, the tribal gaining Enterprise shall not

employ that person in a Key Employee or primary management official

position and; further, shall not employ the person in any other

position for which a Class A license is required, except as

specifically provided by the Gaming Commission.

9. Forwarding Licensing Applications and Reports to NIGC.

(1) On or before the date that any Key Employee or

primary management official is employed by the gaming enterprise

authorized under this Ordinance, The Gaming Commission shall forward

to NIGC the persons completed application for employment containing

the information required under subsection e. of section 9 of this

Ordinance.

(2) Prior to issuing a license to a primary management

official or Key Employee, the Gaming Commission shall forward to

NIGC, together with a copy of the eligibility determination made

under subsection f. above, an investigative report on each background

investigation. The investigative report on each background

investigation shall be forwarded to NIGC within sixty (60) days after

the employee begins work, or within sixty (60) days of the approval

of this Ordinance by the Chair of the NIGC. The gaming enterprise

shall not employ or continue to employ any person as a Key Employee

or primary management official who does not have a license within

ninety (90) days of beginning work.

The investigative report shall include the following information.

(a) Steps taken in conducting a background investigation;

(b) Results obtained;

(c) Conclusions reached; and

(page 10 of 15 pages)
(d) The oasis for those conclusions.

(3) The Tribe shall provide to NIGC or nay other agency,

any other reports and information required by IGRA and regulations

promulgated thereunder. Further, with respect to Key Employees and

primary management officials, the Tribe shall retain applications for

employment and reports (if any) of background investigations for

inspection by the Chair of NIOC or his or her designate for no less

than three (3) years from the date of the termination of employment.

(4) If a license is not issued to an applicant, the Tribe

shall notify NIGC and may forward copies of its eligibility

determination and investigative report (if any) to NIGC for inclusion

in the Indian Gaming Individuals Records System.

h. Granting a Gaming License.

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

receives a report as required under subsection g. above, the NIGC

notifies the Tribe that it has no objection to the issuance of a

license pursuant to the license application filed for a Key Employee

or primary management official for whom the Tribe has provided an

application and investigative report, the Tribal Gaming Commission

may issue the license.

(2) The Tribal Gaming Coninission shall provide any

additional information requested by the Chair of the NIGC concerning

a Key Employee or primary management official who is the subject of

the report as required under subsection g. above. A NIGC request for

additional information shall suspend the thirty day (30) period under

subsection h.(].) above until the Chair of the NIGC receives the

additional information.

(3) If within thirty (30) day period established under

subsection h.(1) above, the NIGC provides a statement itemizing

objections to the issuance of a license to a Key Employee or primary

management official, the Tribal Gaming Commission shall reconsider

the application, taking into account such objections. The Tribe

retains the Right to make the final determination whether to issue

the license to such applicant.

i. Temporary Licenses.

Pending completion of an investigation

for a license, temporary licenses may be issued by the Gaming

Commission, if in its sole discretion it may deem it appropriate to

do so. Such licenses shall permit the licensee to engage in such

activities and pursuant to such terms and conditions as specified by

the Gaming Commission, in its sole discretion.

j. License Renewal.

Class A and Class B licenses unless

otherwise specified and exempted by the Gaming Commission, shall be

subject to renewal every year and may be revoked or suspended upon

the occurrence of any act which, if known during the application

process, would have tended to disqualify such person for such a

license. (page 11 of 15 pages)
k. License Investigations.

The Gaming Coninission may employ all

reasonable means, including the engagement of outside services and

investigators and the holding of hearings, to acquire the information

necessary to determine whether or not a license should be issued.

Applicants may be required if so requested to pay a license fee and

to reimburse the Gaming Coxrinission for all costs incurred in

obtaining information as a condition of processing such application,

except that no Tribal Member shall be charged any license fee or

cost. Estimates of such costs shall be provided to applicants upon

reasonable request.

1. License Fees.

All persons applying for a license shall agree

to pay all applicable license fees and costs when due, including a

reasonable deposit for costs for the gathering of information and

investigation in connection with the license application. Applicant

shall also agree to release all information necessary in order for

the Gaming Coninission to achieve its goals under this section and to

furnish such information to the Bureau of Indian Affairs, the NIGC or

other such agency as may be required by law.

m. Standards.

All persons engaged by or associated with any

gaming activity on the reservation shall conduct themselves with

honesty, integrity, and with such decorum and manners as may be

deemed necessary to reflect positively on the Tribe, its Members and

the gaining activity involved. Any failure to abide by such

standards, or any violation of any rule, ordinance, custom, or

tradition of the Tribe, the reservation or the gaming activity, or

the terms or conditions of the license, may be grounds for the

ininediate suspension or revocation of any license issued hereunder.

n. Appeals.

All decisions of the Gaming Conanission regarding

the issuance of licenses shall be final, except that any Tribal

Member who is denied a license by the Gaming Conmbission may within

sixty (60) days of written notice of such denial, appeal that denial

to the Tribal Business Council, which shall have the power to reverse

the decision of the Gaming Conmiission and order that such license be

issued, provided further that no such license shall be issued f or

more than one (1) year, subject to the renewal procedures set forth

herein, and provided further that no order of the Tribal Business

Council that a license be issued shall be valid if such an issuance

would place the Tribe in violation of any Tribal-State Compact to

which the Tribe is a party, or of any applicable law. Subject to the

approval of the Tribal Business Council and provided that such

license issuance would not place the Tribe in violation of any

Tribal-State Compact to which the Tribe is a party, or of any

applicable law, the aforesaid license requirements may be waived as

to any Member of the Tribe.

o. License Suspension.

(1) If, after the issuance of a gaming license, the Gaming

Coninission receives reliable information from the NIGC or other

reliable sources iüdicating that a Key Employee or a primary

(page 12 of 15 pages)
management official is not eligible for employment under the

eligibility criteria established in section 9 above, the Gaming

Coninission shall suspend the license and notify the licensee in

writing of the license suspension and proposed revocation.

(2) The Gaming Coninission shall notify the licensee in

writing of a time and place for a hearing on the proposed revocation

of a license.

(3) After the revocation hearing, the Gaming Conunission

shall determine whether to revoke or to reinstate the gaming license.

For actions taken in response to information provided by the NIGC,

the Gaming Coninission shall notify NIGC of its decision.

p. Facilities Licenses.

Before gaming activities can be

conducted therein, the Gaming Coninission shall inspect and license,

in accordance with this Ordinance and any requirements of IGRA, each

such facility. Facilities in which gaming activities were taking

place on the date this Ordinance was adopted shall be deemed to have

qualified for and be operating under such a license upon adoption of

this Ordinance.

Section 10. Application Forms.

a. Each application form for a Key Employee or a primary

management official, as well as for other Class A license

applications unless otherwise specifically exempted by the Gaming

Coninission, shall contain the two (2) notices set forth in subsection

(1) and (2) below:

(1) Privacy Act Notice:

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 sey. 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 the National Indian Gaming Coninission members and staff who have

need for this information in performance of their official duties.

The information may be disclosed to 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 Con!nission 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 Tribes being unable to

hire you in a primary 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 and

delay in processing your application.

(page 13 of 15 pages)
(2) Noti regarding False Statemen~.

A false statement on any part of your application may

be grounds for not hiring you, or for firing you after you begin

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

Code, title 18, 1001)

b. Any existing Key Employee or primary management official,

or other Class A licensee unless otherwise specifically exempted by

the Gaming Commission, shall be notified that they shall either:

(1) Complete a new application form that contains the

Privacy Act notice and the notice regarding false statements; or

(2) Sign a statement that contains the Privacy Act notice

and consent to the routine uses described in that notice, and sign a

statement that contains the notice regarding false statements.

Section 11. Class III Gaming: Tribal-State Compacts.

In addition to the provisions set forth above, no Class III

gaming shall be engaged in on the reservation unless a Tribal-State

Compact or alternative as provided by IGRA has first been obtained in

accordance with IGRA. All negotiations for such Compacts shall be

conducted through the Tribal Business Council, with the advice and

suggestions of the Gaming Commission, and shall be finalized in

accordance with Tribal Law. To the extent that any provision of a

Tribal-State Compact is inconsistent with the provisions of this

Ordinance, such Compact shall prevail and shall be deemed

incorporated by reference herein.

Section 12. Interest in Management Contracts by Tribal Officials.

a. Restrictions. No elected official of the Tribe,

including the Gaming Commission or any other committee or agency of

the Tribe, shall have a financial interest in or management

responsibility for, any management agreement entered into pursuant to

IGRA, nor shall such elected official serve on the Board of Directors

or hold (directly or indirectly) ten percent (10%) or more of the

issued and outstanding stock of any corporation, or ten percent (10%)

or more of the beneficial interest in any partnership, trust, or any

corporation or other entity, or in the case of any entity having

thirty-five (35) or less owners, shareholders, partners or

beneficiaries, any interest in any such corporation, partnership,

trust or other entity, having a financial interest in, or a

management responsibility for, such contract, or any other interest

in any such entity.

(page 14 of 15 pages)
Section 13. Regulation of Specific Games.

a. Gaming Coninission Rules. The rules of each Class I

game recognized hereunder, and of any Class II or Class III games

permitted hereunder, shall be promulgated by the Gaming Coninission

and shall govern the conduct thereof.

Section 14. Repeal.

To the extent that they are inconsistent with this Ordinance,

all prior gaming ordinances are hereby repealed.

Section 15. Amendments and or Revision.

No Amendments and or Revisions can be enacted upon this

Ordinance unless first approved by the General Tribal Membership vote

which must consist of fifty-one percent (51%) of the Tribal

Membership.

Date:______ ______________________

2~ibal Chairman /

(page 15 of 15 pages)