OCT 2 2 2004 

Gonnie Mendez, Tax Director 

Ely Shoshone. 'Tribe 

16 Shoshone Circle 

Ely, Nevada 89301 

RE: Ely Shoshone Tribe Gaming Ordinance No. 2004-EST-05 

Dear Mr. Mendez: 

Thin letter is TI response to your request for the National Indian Gaming Commission (NIGC) 

to review and approve the Ely Shoshone Tribe (Tribe) Gaming Ordinance No. 2004-EST-05, 

13, 2004, by Resolution No. 2004-EST-43. 

under the Indian Gaming Regulatory Act (IW). 

is approved for gaming only on Indian lands, 

has jurisdiction. 

inance for review and approval. The NIGC staff and 

the Ely Shoshone Tribe on future gaming issues. 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100. Washington, DC 20005 Tel: 202.632 7003 Fax: 202.632.7066 WWW.NlcC.GOV 

REGIONAL OFFICES Portland. OR: Sacramento, CA: Phoenix, AZ: St. Paul. MN: Tulsa. OK 
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RESOLUTION OF GQYERNING BODY 

ELY SHOSH OkE ETRIBE 

RESOLUTION NO. 2004-EST-43 

WHEREAS, Ely Shoshone Tribe is a federally recognized Indian Tribe, organized under 

the Indian Reorganization Act of June 18,1934, as amended, with the power 

to exercise certain rights of home rule and to be responsible for the 

promotion of economic and social welfare of its tribal membership, and 

governs it affairs under the Revised Tribal Constitution of May 8, 1990, and 

the amendments of November 3,1999; and 

WHEREAS, in accordance with its Constitution and By-Laws, the Tribe is governed by its 

Tribal Council; and 

WHEREAS, the Indian Gaming Regulatory Act, 25 U.S.C. 92701 et seq,, requires the 

adoption of a tribal gaming ordinance in order for the Tribe to authorize 

gaming on reservation lands; and 

WHEREAS, on March 24, 2004, the Tribal Council approved an amended Gaming 

Ordinance; and 

WHEREAS, the Tribe submitted this amended Gaming Ordinance to the National Indian 

Gaming Commission, in accordance with 25 U.S.C. 92710 (b)(l)(B); and 

WHEREAS, the NIGC has informed the Tribe and its attorneys that it will not approve the 

submitted Ordinance. without specific amendments; and 

WHEREAS, the Tribal Council has reviewed the attached Gaming Ordinance, as 

amended, and has determined it to be in the best interest of the Tribe to 

adopt it. 

NOW THEREFORE BE IT RESOLVED THAT, the Ely Shoshone Tribal Council hereby 

adopts and enacts the Ely ShoshoneTribal Gaming Ordinance, No. 2004-EST05, as amended; and 

BE IT FURTHER RESOLVED, that any gaming ordinances or resolutions previously 

adopted by the Tribal Council are hereby superseded and repealed; and 
BE IT FURTHER RESOLVED, that the Tribal Chairperson is authorized to withdraw the 

Tribe's submission of the March 24,2004 Gaming Ordinance to the NIGC; and 

BE IT FINALLY RESOLVED, that the Tribal Chairperson is authorized to submit a copy 

of this Resolution and Amended Gaming Ordinance dated June 29,2004 to 

the National Indian Gaming Commission for approval, and to take such action 

as is necessary to carry out the terms and full intent of this Resolution. 

CERTIFICATION 

- 

It is hereby certified that the fore oing resolution of the ~ly'shoshone Tribal Council, 

composed of 5 member of whom L constituting a quorum were present at a Regular 

Meeting duly held on the 13h day of July 2004, was adopted by the afFirmative vote of 

&- or, a-Against, and 0-Abstained; pursuant to authority contained in the Revised 

Constitution of the Ely Shoshone Tribe of May 8,1990, and amendments of November 3, 

1999. n 

Diana Buckner 

Chairwoman 

+ 

Am: -7c 

Irene Carney 

Secretary-Treasurer 

Resolution No.: 2004-EST-43 
ELY SHOSHONE TRIBE 

GAMING ORDINANCE 

As Amended June 29,2004 

By Resolution 2004-EST-43 
ELY SHOSHONE TRIBE 

GAMING ORDINANCE 

TABLE OF CONTENTS 

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

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

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

I . GENERAL PROVISIONS ............................................................................................. 2 

. . Section 4 . Definitions ........................................................................................... 2 

Section 5 . Gaming Authorized and Regulated ......................................................... 8 

Section 6 . Use of Revenues from Class I1 and Class I11 Gaming Activities ........... 9 

... Section 7 . Gaming Facil~ties .................................................................................... 9 

Section 8 . Minors. Employees Prohibited from Playing .......................................... 9 

Section 9 . Prizes: Assignment and Forfeiture ..................................................... 10 

A . Not Assignable. Exception ................................................................................ 10 

B . Forfeiture ........................................................................................................... 10 

I1 . ADMINISTRATION ................................................................................................. 10 

. . Section 10 . Tribal Gaming Commission .............................................................. 10 

A . Establishment and Composition ....................................................................... 10 

B . Qualifications. Standards of Conduct and Appointment .................................. 10 

C . Duties and Powers .......................................................................................... 12 . . D . Commission Record-Keeping ........................................................................... 13 

E . Reports .............................................................................................................. 14 

F . Regulation of Patron Disputes .......................................................................... 15 

Section 1 1 . Gaming Facilities Licensing and Audits ........................................ 16 

A . Authority to License ......................................................................................... 16 

B . Types of Licenses to be Issued ......................................................................... 16 

Section 12 . License Fees and Taxes ........................................................................ 16 

Section 13 . Gaming Facility License. Effective Period and Place .......................... 17 

A . Period ................................................................................................................ 17 

B . Place .................................................................................................................. 17 
Section 14 Primary Management Officials. Key and Other . Employees ................ 18 

A . Work Permits for All Gaming Employees at Tribal Class III Gaming Facilities 

18 

B . Primary Management Officials and Key Employees. License Requirements .. 18 

C . Primary Management Officials and Key Employees; License Application. 

Notices ...................................................................................................................... 19 

a . Privacy Notice ............................................................................................... 19 

b . Notice Regarding False Statements .............................................................. 20 

D . Primary Management Officials and Key Employees; Background Investigation; 

Report ....................................................................................................................... 22 

E . Eligibility Determination .................................................................................. 22 

F . Procedures for Forwarding Applications and Reports for Key Employees and 

Primary Management Officials to the National Indian Gaming Commission; 

Issuance of Temporary Licenses ............................................................................... 23 

G . Granting a Gaming License .......................................................................... 24 

H . Requirements Applicable to all Employees .................................................. 25 

Section 15 . License Suspension and Revocation ..................................................... 25 

Section 16 . Audits of Tribal Gaming Operations ................................................... 26 

I11 . CLASS I1 GAMING .............................................................................................. 26 

. . Section 17 . Defin~t~ons ........................................................................................... 26 

Section 18 . Person Authorized to Conduct Class I1 Gaming .................................. 27 

Section 19 . Ownership of Class I1 Gaming Activity ............................................... 27 

Section 20 . Management Contracts ......................................................................... 29 

Section 21 . Games Permitted .................................................................................. 29 

Section 22 . Bingo Game Cards ................................................................................ 30 

Section 23 . Player Limitation .................................................................................. 30 

Section 24 . Entry Prohibited .................................................................................... 30 

Section 25 . Hours of Operation; Notice to Commission ......................................... 30 

IV . CLASS 111 GAMING ............................................................................................... 31 

Section 26 . Persons Authorized to Conduct Class I11 Gaming ................................ 31 
Section 27 . Persons Authorized to Own a Class I11 Gaming Operation .................. 3 1 

Section 28 . Authorized Operation ............................................................................ 31 

Section 29 . Management Contracts ......................................................................... 32 

Section 30 . Games Permitted ................................................................................... 32 

Sections 3 1-3 5 . (Reserved) ........................................................................................ 32 

V . VIOLATIONS ............................................................................................................ 32 

Section 36 . Crimes; Penalties ................................................................................. 32 

Section 3 7 . Civil Penalties ....................................................................................... 33 

VI . VALIDITY OF ORDINANCE .................................................................................. 33 

Section 38 . Severability ........................................................................................... 33 

Section 39 . Effective Date of Ordinance ................................................................. 33 
ORDINANCE OF THE 

GOVERNING BODY 

OF THE 

ELY SHOSHONE TRIBE 

ELY, NEVADA 

ORDINANCE NO. 2004-EST-05 

Section 1. Title. 

This Ordinance shall be known as the Ely Shoshone Tribe Gaming Ordinance. Any 

gaming ordinances or resolutions previously adopted by the Tribal Council are hereby 

superseded and repealed. 

Section 2. Findings. 

The Tribal Council of the Ely Shoshone Tribe ("Tribe") finds that: 

A. The Tribe, has the exclusive authority to regulate Class I and I1 gaming activities 

on the Ely Indian Reservation subject only to the requirements of the Indian 

Gaming Regulatory Act ("IGRA"); and 

B. Provided that it has entered into a compact with the State of Nevada, the Tribe is 

authorized to operate, license and regulate Class 111 gaming on its lands pursuant 

to that compact; and 

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

to the Ely Reservation that standards and regulations be promulgated to govern 

the conduct of gaming activities on the Reservation. 

Section 3. Purposes. 

The purposes of this Gaming Ordinance are to: 

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

the Ely Shoshone Tribal lands; 

B. Promote tribal economic development; 

C. Enhance employment opportunities for tribal members; 

D. Strengthen the economy of the Ely Shoshone Tribe; and 
E. Generate revenue for use in improving the health, education and general welfare 

of enrolled members of the Ely Shoshone Tribe, and for other uses authorized by 

federal law. 

I. GENERAL PROVISIONS 

Section 4. Definitions. 

1. "Act" or "IGRA" means the Indian Gaming Regulatory Act of 1988, as 

amended, at 25 U.S.C. 52701-2721, and 18 U.S.C. $51167-1168. 

2. "Applicant" means any Person or Entity applying for, or requesting 

renewal of, an License or permit described in or required by this 

Ordinance. 

3. "Application" means a request for the issuance or renewal of a License or 

permit described in or required by this Ordinance. 

4. "Banking Card Game" means any card game in which each player wagers 

against the house rather than against other players. 

"Bingo" means the game of chance (whether or not electronic, computer 

or other technological aids are used in connection therewith) which is 

played for prizes, including monetary prizes, with cards bearing numbers 

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

or designations when objects similarly numbered or designated are drawn 

or electronically determined, and in which the game is won by the first 

person covering a previously designated arrangement of numbers or 

designations on such cards. "Bingo" includes, if played at the same 

location, pull tabs, lotto, punch boards, tip jars, and other games similar to 

bingo. 

6. "Class I Gaming" means social games played solely for prizes of minimal 

value or traditional forms of tribal gaming engaged in by individuals as 

part of, or in connection with, tribal ceremonies or celebrations. 

7. "Class II Gaming" means all forms of gaming which are defined as "Class 

I1 Gaming" in the IGRA, 25 U.S.C. 52703(7), and shall include, but not be 

limited to, the following forms of gaming: bingo, lotto, pull tabs and 

punch boards, tip jars and non-banking card games, when played in 

conformity with 25 U.S.C. §2703(7). 

8. "Class 111 Gaming" means all forms of gaming that are not Class I Gaming 

or Class I1 Gaming, as defined in the IGM, 25 U.S.C. 52703(8). 
9. "Compact" means the Compact by and between the Ely Shoshone Tribe 

and the State of Nevada setting forth the agreement for the operation of 

Class I11 gaming on Ely Tribal lands within the State of Nevada. 

10. "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, or estate. 

11. "Equipment" means any article, device, or other item, employed in 

gaming activity, including but not limited to Bingo cards, lottery tickets, 

any electronically operated blower machine, computer, electronic 

selection machine, gaming devices, gaming tables, associated 

paraphernalia, chips, tokens, dice and any other items employed in gaming 

activity. 

12. "Gambling Machine" or "Slot Machine" means any mechanical, electrical, 

electromechanical, electronic, or other device, contrivance or machine 

which, upon insertion of a coin, token, or similar object, or upon payment 

of any consideration, is available to play or operate, the play or operation 

of which, whether by reason of the skill of the operator in playing a 

gambling game which is presented for play by machine or application of 

the element of chance, or both, may deliver or entitle the person playing or 

operating the machine to receive cash, premiums, merchandise, tokens, or 

anything of value, whether the payoff is made automatically from the 

machines, or in any other manner. "Slot machine" specifically includes 

video facsimiles of any game of chance authorized under Nevada Statute, 

Nev. Rev. Stat. 5463.0152. In addition, if at any time the State broadens 

its definition of "slot machine" to include additional devices, then such 

devices shall also be "slot machines" within the meaning of this 

Ordinance. 

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

Commission, created by this Ordinance. 

14. "Gaming Device" means any equipment or mechanical, electromechanical or electronic contrivance, component or machine used 

remotely or directly in connection with gaming or any game which affects 

the result of a water by determining win or loss. The term includes: 

a. A slot machine. 

b. A collection of two or more of the following components: 

(i) an assembled electronic circuit that cannot be reasonably 

demonstrated to have any use other than in a slot machine; 
(ii) a cabinet with electrical wiring and provisions for mounting 

a coin, token or currency acceptor and provisions for 

mounting a dispenser of coins, tokens or anything of value; 

(iii) a storage medium containing the source language or 

executable code of a computer program that cannot be 

reasonably demonstrated to have any use other than in a 

slot machine; 

(iv) an assembled video display unit; 

(v) an assembled mechanical or electromechanical display unit 

intended for use in gambling; or 

(vi) an assembled mechanical or electromechanical unit that 

cannot be demonstrated to have any use other than in a slot 

machine. 

c. Any mechanical, electrical or other device which may be 

connected to or used with a slot machine to alter the nonnal criteria 

of random selection or affect the outcome of a game. 

d. A system for the accounting or management of any game in which 

the result of the wager is determined electronically by using any 

combination of hardware or software for computers. 

e. Any combination of one of the components set forth in paragraphs 

(i) to (iv) inclusive, of subsection 1l.b and any other component 

that the Commission determines by regulation to be a machine 

used directly or remotely in connection with gaming or any game 

that affects the results of a wager by determining win or loss. 

15. "Gaming employee" means any person connected directly with an 

operator of a slot route, the operator of a pari-mutuel system, the operator 

of an inter-casino linked system or a manufacturer, distributor or 

disseminator, or with the operation of a gaming establishment licensed to 

conduct any game, 16 or more slot machines, a race book, sports pool or 

pari-mutuel wagering, including: 

a. Accounting or internal auditing personnel who are directly 

involved in any record keeping or the examination of records 

associated with revenue from gaming; 

b. Boxrnen; 
Cashiers; 

Change personnel; 

Counting room personnel; 

Dealers; 

Employees of a person required by Nevada law, NRS 464.010, to 

be licensed to operate an off-track pari-mutuel system; 

Employees of a person required by Nevada law, NRS 463.430, to 

be licensed to disseminate information concerning racing; 

Employees of manufacturers or distributors of gaming equipment 

within the Reservation whose duties are directly involved with the 

manufacture, repair or distribution of gaming equipment; 

Employees of operators of slot routes who have keys for slot 

machines or who accept and transport revenue from the slot drop; 

Employees of operators of inter-casino linked systems; 

Floor men; 

Hosts or other persons empowered to extend credit or 

complimentary services; 

Keno runners; 

Keno writers; 

Machine mechanics; 

Odds makers and line setters; 

Security personnel; 

Shift or pit bosses; 

Shills; 

Supervisors or managers; and 

Ticket writers. 
"Gaming employee" does not include bartenders, cocktail waitresses or 

other persons engaged exclusively in preparing or serving food or 

beverages. 

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

activities. 

17. "Indian Lands," "Reservation," or "Ely Shoshone Tribal Lands" means all 

lands within the exterior boundaries of the Ely Shoshone Tribal 

Reservation, and any land over which the Ely Shoshone Tribe exercises 

governmental power that is either (1) held in trust for the Tribe by the 

United States; or (2) held by the Tribe or Indian individual subject to 

restriction by the United States against alienation. The terms also include 

any lands located within or contiguous to the boundaries of the 

Reservation acquired after October 17, 1988 by the Secretary of Interior in 

trust for the benefit of the Tribe, and newly acquired lands on which 

gaming activities are permitted pursuant to 25 U.S.C. §2719(b)(l). 

18. "Key employee" means: 

a. A person who performs one or more of the following hctions: 

(9 

(ii) 

(iii) 

(iv) 

(9 

(4 

(vii) 

(viii) 

6x1 

(4 

(xii) 

bingo caller; 

counting room supervisor; 

chief of security; 

custodian of gaming supplies or cash; 

floor manager; 

pit boss; 

dealer; 

croupier; 

approver of credit; or 

custodian of gambling devices including persons with 

access to cash and accounting records within such devices; 

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. 

19. The term "Interstate sports betting facility" means a gaming establishment 

wherein interstate wagers on sports events are received via telephone, 

computers and associated equipment on the Reservation pursuant to Art. I 

4 1 .d of the Compact, or any authorized amendment thereto. 
20. "License" or Licensed" means a tribal gaming license, or having a valid 

tribal gaming license, issued by the Ely Shoshone Tribe, or the 

Commission, pursuant to this Ordinance. 

21. "Lottery" means any scheme for the disposal or distribution of property, 

by chance, among persons who have paid any valuable consideration for 

the chance of obtaining such property, or portion of it, or for any share or 

any interest in such property upon any agreement, understanding or 

expectation that it is to be distributed or disposed of by lot or chance, 

whether called a lottery, raffle or gift enterprise, or by whatever name the 

same may be known. 

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

Indian Gaming Commission, created by the IGRA. 

23. "Net revenue" means the total gross receipts from a tribal gaming 

operation, less: 

a. Amounts paid out as, or paid for, prizes; and 

b. Total gaming-related operating expenses, excluding management 

fees. 

24. "Non-banking card games" means any card game in which two or more 

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

house. Non-banking card games played in conformity with State law 

regulating hours of play, wage and pot limits are Class I1 gaming. All 

other non-banking card games are Class III games. 

25. "Non-Tribal Gaming Facility" or "Non-Tribal Gaming Operation" means 

any gaming licensed and conducted on the Reservation by any person or 

entity other than the Tribe or an entity wholly owned by the Tribe. 

26. "Person" means any individual, receiver, administrator, executor, 

assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint 

venture, club, company, joint stock company, business trust, corporation, 

association, society, or any group of individuals acting as a unit, whether 

mutual cooperative, fraternal or nonprofit doing business within the Indian 

lands. The Tribe is not within the definition of person. 

27. "Pinball Machine" means a video, mechanical, electrical or electronic 

machine which upon insertion of a coin or token or upon redemption of a 

credit, is available for play, the play or operation of which, by reason of 

skill, chance or a combination of both, may entitle a player to an 

automatic, immediate free replay or replays, which cannot be redeemed 

for anything of value. 
28. "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. 

29. "Primary management official" means: 

a. The person having management responsibility for a management 

contract; 

b. Any person who has authority: 

(i) to hire and fire employees; or 

(ii) to set up working policy for the gaming operation; or 

c. The chief financial officer or other person who has fmancial 

management responsibility. 

30. "Prize" means any U.S. currency, cash or other property or thing of value 

awarded to a player or players, or received by a player or players as a 

result of their participation in a gaming activity. 

3 1. "Secretary" means the Secretary of the Interior. 

32. "State" means the State of Nevada. 

33. "Tribal Council means the Ely Shoshone Tribal Council. 

34. "Tribal Court" means the Ely Shoshone Judicial Services/CFR Court. 

. 35. "Tribal gaming facility" or "Tribal gaming operation" means any Class I1 

or Class I11 gaming operation or facility which is owned by the Tribe or a 

wholly owned entity of the Tribe. 

36. "Tribe" means the Ely Shoshone Tribe. 

Section 5. Gaming Authorized and Remlated. 

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 21 gaming is authorized on Indian lands. Class II gaming shall be regulated 

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

provisions of this Ordinance and the IGRA. 
C. Class 111 gaming is authorized on Indian lands. Class 111 gaming shall be 

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

with this Ordinance, the Compact, and the IGRA. 

D. Notwithstanding any provision in this Ordinance to the contrary, any proposal to 

open a new Class II or Class III gaming operation on the Reservation is prohibited 

unless it is first authorized and approved by the Tribal Council, and thereafter 

licensed and regulated by the Gaming Commission pursuant to this Ordinance. 

Section 6. Use of Revenues from Class I1 and Class I11 gamin^ Activities. 

A. Tribal revenues fiom Class I1 and Class I11 gaming facilities or operations shall be 

used only to: 

1. Fund tribal government operations or programs; 

2. Provide for the general welfare of the Community or Community 

members; 

3. Promote economic development within the Ely Reservation; 

4. Fund operations of local government agencies; and/or 

5. Donate to charitable organizations. 

Section 7. Gaming Facilities. 

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

adequately protected, each gaming facility shall be constructed, maintained, and 

operated in compliance with applicable tribal and federal laws, including but not 

limited to fire codes, safety codes, and building codes. 

B. Each gaming facility shall be subject to inspection to insure compliance, annually 

or on such basis as the Tribal Building Inspector, or if none, the Tribal Council or 

Gaming Commission, determines necessary and appropriate. 

Section 8. Minors, Emplo~ees Prohibited from Playing. 

A. No person under the age of 21 years shall be permitted to play any Class I1 or 

Class I11 game. 

B. No person who is employed at a Class 11 or Class ID gaming facility may play any 

game conducted therein. 
Section 9. Prizes: Assimment and Forfeiture. 

A. Not Assignable, Exception. 

The right of any person to a prize shall not be assignable except that payment of any prize 

may be made to the estate of a deceased prize winner or to a person pursuant to an order 

of the Tribal CourtICFR. 

B. Forfeiture. 

1. Any unclaimed prize of a Class I1 or Class I11 gaming activity shall be 

retained by the owner of the game for ninety (90) days after the prize is 

available to be claimed. Any person who fails to claim a prize during such 

time shall forfeit all rights to the prize, and the amount of the prize shall be 

awarded to the Tribe. 

2. Any prize won by a person under the age of eighteen (18) shall be 

forfeited as a violation of Section 8 of this Ordinance. Any such prize 

shall be awarded to the Tribe, and the approximate consideration paid by 

the minor shall be refunded to the minor. 

11. ADMINISTRATION 

Section 10. Tribal Gaming Commission. 

A. Establishment and Composition. 

1. There is hereby created the Ely Shoshone Tribal Gaming Commission. 

2. The Tribal Gaming Commission shall be comprised of five members, one 

of whom shall serve as Chairperson. The Tribal Council shall appoint the 

Chairperson and other four gaming commissioners. 

B. Qualifications, Standards of Conduct and Appointment. 

1. The gaming cornrnissioners should possess and demonstrate as minimum 

qualifications: 

a. Knowledge and experience in the commercial gaming industry; 

b. Familiarity with the IGRA; and 

c. Experience in and knowledge of administration and administrative 

procedures. 
2. Appointments of the Chairman and two other commissioners and 

members shall be for a period of four (4) years. The initial terms may be 

staggered. The Chairman and all commissioners may be reappointed for 

successive terms at the discretion of the Tribal Council. 

3. No person shall be appointed to the Tribal Gaming Commission unless, 

after reviewing that person's prior activities, criminal record, reputation, 

habits and associations, the Tribal Council is satisfied that such person: 

a. Is of good character, honesty, and integrity; 

b. Does not pose a threat to the public interest of the Tribe or its 

members or to the effective regulation of gaming; 

c. Does not create or enhance dangers of unsuitable, unfair, or illegal 

practices in the conduct of gaming or the carrying on of the 

business and financial arrangements incidental thereto; and 

d. Has no interest in any private gaming activity on the Ely Shoshone 

Reservation lands or in any other activity that may be in conflict 

with the tribal gaming operations. 

4. No person may serve on the Commission if: 

a. The person's other employment or responsibilities conflict or could 

potentially conflict with the duties and responsibilities of a 

member of the Commission; 

b. The person is an employee of a Gaming Operation or the person's 

other employment or responsibilities create an impression or 

appearance of impropriety in the fulfillment of the duties and 

responsibilities of a Commissioner; 

c. The person is a: 

(i) Member or officer of the Tribal Council; 

(ii) Judge in any Tribal CourtICFR Court; or 

(iii) Felon. 

5. Commissioners may not gamble in any Gaming Establishment on the 

Reservation. No Commissioner may accept gratuities or any other thing 

of value from any Licensee or Applicant. 

6. The Chairman and the Commission members may be removed for cause, 

after written notice and an adequate opportunity to be heard by the Tribal 

Council. 
Duties and Powers. 

1. The Gaming Commission shall administer the provisions of this 

Ordinance and shall have all powers necessary therefore. 

2. In exercise of its duties, the Commission shall: 

a. Promulgate such rules and regulations as may be necessary and 

desirable for the proper implementation of this Ordinance; 

b. Identifl and define the rules of play for each Class II and Class 111 

game permitted; 

c. License, supervise, inspect and oversee all gaming activities and 

persons employed in gaming activities conducted on Indian lands; 

d. Conduct or contract with other government agencies or private 

entities to conduct background investigations; 

e. Cany on a continuous study and investigation of Class I1 and Class 

I11 gaming on Indian lands for the purpose of: 

(i) Ascertaining any defects in abuses of the standards and 

regulations in this Ordinance or applicable rules and 

regulations; 

(ii) Formulating recommendations for changes in the standards 

and regulations in this Ordinance or applicable rules and 

regulations; 

(iii) Preventing abuses and evasions of the standards and 

regulations prescribed by this Ordinance and applicable 

rules; 

f. Report to the Tribal Council on any matters related to gaming that 

are deemed by the Tribal Gaming Commission to constitute an 

emergency requiring immediate action; 

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

of this Ordinance or of applicable rules and/or regulations, 

including but not limited to License suspension, revocation, 

prosecution, referral for prosecution, or civil suit; 
h. Subject to the approval of the Tribal Council, employ such persons 

as are necessary to cany out the specific and general powers and 

duties of the Commission; and 

1. Prepare and submit an annual budget to the Tribal Council for 

approval in accordance with the Tribe's standard practice for 

approving the budgets of other tribal agencies. 

3. The Commission shall have the authority to subpoena witnesses and 

documents, conduct administrative hearings, and assess civil fines or 

penalties upon persons who violate the provisions of this Ordinance, any 

provision of the Compact, or any provision of IGRA, provided that such 

person shall be given adequate notice and an opportunity to be heard 

before the Commission. 

a. Any person assessed a fine or penalty under this section shall have 

the right to an administrative appeal to the Tribal Court, provided 

that a written complaint seeking review of the Commission's 

decision is filed with the Tribal Court within thuty (30) days of the 

Commission's decision. If a timely complaint is not filed, then the 

Commission's decision imposing the fine or penalty shall be final 

and not subject to further review. The Tribal Court shall, however, 

have jurisdiction to enforce any assessed fine or penalty imposed 

by the Commission. In the event a timely complaint seeking 

review of an assessed fine or penalty is filed, the Tribal Court shall 

review the Commission's decision in accordance with the 

requirements of section 15.E of this Ordinance. 

b. Any person or entity engaging in or conducting gaming on Tribal 

lands is thereby deemed to have consented to the jurisdiction of the 

Tribal Court. 

D. Commission Record-Keeping. 

1. The Commission shall maintain complete records regarding the following: 

a. Applications, financial statements, fingerprints, contracts, 

Licenses, suspension and cancellation notices and correspondences 

of all Applicants, including management contractors, Key 

Employees, Primary Management Officials, Gaming 

Establishments and Gaming Device suppliers; 

b. Meeting minutes from all Commission meetings; 

c. Compact compliance; 
d. Reports relating to customer disputes, complaints or other issues 

that affect the integrity of the gaming operation; 

e. Commission budget and expenditures; 

f. Council communications and correspondence; 

g. Any other records or documents the Commission deems necessary 

or appropriate; and 

h. Records shall be kept for a minimum of three years. 

1. Unless otherwise authorized by the Council, the Commission shall make 

monthly reports to the Council within thirty (30) days after the end of each 

month. Such reports shall contain the following information: 

a. Number and types of Licenses issued during the previous thirtyday period; 

b. Information regarding License denials, suspensions or revocations; 

c. Report of any events of non-compliance, breach or violations of 

this Ordinance, the Compact, IGRA, a License or any other law or 

regulation; provided, however, that these reports are not the subject 

of or relating to a pending investigation of the Commission, or 

hearing before the Commission; 

d. A report of Commission expenditures for the prior thirty-day 

period; 

e. A summary of any Commission travel and training; 

f. The number of and purpose for any special Commission 

meeting(s); and 

g- All other information that the Commission deems relevant in order 

to keep the Council informed and current on all gaming matters. 

Nothing in this section shall authorize or permit the Commission to provide the 

Tribal Council with any information pertaining to a pending investigation of the 

Commission, or hearing before the Commission. All such information shall be 

kept confidential. 
F. Rwlation of Patron Dis~utes. 

1. The Commission shall promulgate necessary regulations in order to 

resolve any disputes which arise in connection with lawful gaming 

activities conducted pursuant to the Tribal Gaming Ordinance between the 

gaming public and the Tribe or its employees or management contractors. 

The Commission's regulations shall comply with the following minimum 

standards: 

a. Any disputes that arise between the gaming public and the Tribe or 

its management contractors must go before the Tribal Gaming 

Commission, which shall convene and hold a hearing within tlwty 

(30) days of receiving notice of the dispute. 

b. The Tribal Gaming Commission shall issue a written decision 

within thirty (30) days after the conclusion of the hearing, and shall 

grant or deny such relief as is legally and equitably due, provided 

that the Tribal Gaming Commission shall have no authority to 

award any monetary relief against any tribal gaming facility unless 

such relief is specifically authorized by a separate resolution of the 

Tribal Council. 

c. Any decision of the Tribal Gaming Commission may be appealed 

to the Tribal Court utilizing the same procedures set forth in 

section 15 .E of this Ordinance. 

d. Nothing in this section shall be construed as a waiver of the 

sovereign immunity of the Tribe or the Tribal Gaming 

Commission, or any subordinate economic enterprise created by 

the Tribe to operate a tribal gaming facility. Any relief awarded by 

the Tribal Gaming Commission pursuant to this section shall be 

limited to equitable relief. The Tribal Gaming Commission shall 

have no authority to grant monetary relief against any tribally 

owned gaming facility, unless such relief is authorized by a 

separate resolution of the Tribal Council after review of the Tribal 

Gaming Commission's decision by the Tribal Council. 

G. compensation. 

The Chairman, Commission members, and Commission employees may be 

compensated, provided that the terms and conditions of such compensation shall 

be set by the Tribal Council. 
Section 11. Gaming Facilities Licensing and Audits. 

A. Authoritv to License. 

1. Subject to the approval of the Tribal Council in section 5, the Tribal 

Gaming Commission shall have the authority to license and regulate any 

Class I1 and Class 111 gaming operations on the Ely Shoshone Tribal lands 

consistent with the terms of this Ordinance. The licensing and regulation 

of Class 111 gaming shall also be consistent with the terms of this 

Compact. 

2. Class I gaming shall not be regulated by this Ordinance; no licensing shall 

be required for Class I gaming. 

B. Types of Licenses to be Issued. 

1. The Tribal Gaming Commission shall issue licenses for gaming on Ely 

Shoshone Tribal lands to the following: 

a. Any Class I1 or Class III tribal gaming facility; 

b. Any Class I1 or Class I11 non-tribal gaming facility; 

c. Any management contractor; and 

d. Any other license required by the IGRA andlor the Compact. 

2. Licenses shall be issued for Class II or Class III gaming, and shall indicate 

the type and class of license on the fact of the license. A combined Class 

I1 and Class I11 license may be issued if appropriate. 

Section 12. License Fees and Taxes. 

A. Any person or entity applying for a tribal gaming license pursuant to this 

Ordinance (hereafter referred to as "Applicant") shall submit with his or her 

application an application fee of $1,500 plus the annual renewal fee prescribed by 

subsection Cy provided, that persons applying for a license to operate 20 or fewer 

slot machines shall not be required to pay an application or renewal fee. The 

Commission may waive fees in its discretion when a License Applicant 

demonstrates an inability to pay a fee. The Tribe shall not be subject to the 

license fee or any other fee imposed by this Ordinance. 

B. In addition to the application fee prescribed in subsection A, any Applicant for a 

Class II or Class III gaming license shall also pay for the costs of all background 

investigations conducted by the NIGC, or the Tribal Gaming Commission or its 

authorized delegate. An Applicant for a Class I11 gaming license shall also be 
required to pay any costs incurred by the Tribe for obtaining the necessary 

background investigations and approval of all gaming employees, key employees 

and other persons subject to review by the State of Nevada under the Compact. 

C. A Licensee shall, at least sixty (60) days prior to the expiration of his or her 

License apply for renewal, as required by the Tribal Gaming Commission, and 

shall submit with the application for renewal a renewal fee of $500. 

D. In addition to the fees prescribed in this section, any person or entity licensed to 

conduct Class II or Class JII gaming shall pay all applicable taxes and fees 

imposed by the Ely Tribal Tax Code, including but not limited to all applicable 

gaming taxes and licensing fees imposed. 

E. The failure to pay any fee or tax prescribed by this Ordinance or any other 

provision of federal or tribal law shall be grounds for the denial, suspension or 

revocation of a gaming license by the Tribal Gaming Commission, provided that 

after a License is initially approved if shall not be suspended or revoked by the 

Commission without first according the Licensee prior notice and an opportunity 

to be heard. 

F. Any Applicant for a License or permit from the Commission shall have the 

continuing duty to keep the information in their application updated, to provide 

materials, assistance or other information required by the Commission, and to 

fully cooperate in any investigation conducted by or on behalf of the Commission. 

Applicants must immediately notify the Commission in the event of a change or 

addition to any information submitted with an application. 

G. The assignment or transfer of any License or permit granted under this Ordinance 

is prohibited without the prior consent of the Commission and a finding that the 

assigneeltransferee is independently qualified to have a License or permit under 

this Ordinance. 

H. The issuance of a License under this Ordinance does not create a property interest 

in such License for the benefit of the Licensee. The opportunity for an Applicant 

or Licensee to be involved in gaming on the Reservation is a privilege, not a right. 

Section 13. Gamine Facilitv License, Effective Period and Place. 

A. Period. Tribal gaming licenses shall be valid and effective for a period of one 

year from the date of issue, unless sooner suspended or revoked for cause after 

notice and hearing, pursuant to this Ordinance. The effective date and period 

shall be stated on the face of the license. 

B. Place. A tribal gaming license shall be valid for one (I) facility or location only, 

and the location shall be identified on the face of the license. 
Section 14. Primary Mana~ement Officials, Key and Other Employees. 

A. Work Permits for All Gaming Employees at Tribal Class I11 Gaming 

Facilities. 

The Tribal Gaming Commission shall issue work permits to all gaming 

employees employed at a Tribal Class 111 gaming facility in accordance 

with the requirements of the Compact. No person may be employed as a 

gaming employee who is determined by the Tribal Gaming Commission, 

the Nevada Gaming Commission, or State Gaming Control Board to be a 

person who would be unsuitable to hold or retain a Nevada work permit in 

a similarly situated non-tribal gaming operation. Applications for work 

permits shall be processed in accordance with Article N of the Compact. 

The requirements of this subsection shall apply only to Tribal Class III 

gaming facilities. 

B. Primarv Mana~ement Off~cials and Kev Emplovees, License Reauirements. 

1. No primary management official or key employee may be associated with 

a Class II or Class III tribal gaming operation unless such person has 

obtained a License from the Tribal Gaming Commission. Prior to issuing 

a License to such person, the Tribal Gaming Commission shall conduct, or 

cause to be conducted, a background investigation that meets the 

requirements of this Ordinance and applicable federal law. Applicants 

shall pay all fees required by the IGRA and this Ordinance. 

2. A license shall not be granted unless the Tribal Gaming Commission has 

reviewed the results of the background investigation and is satisfied that 

the Applicant: 

a. Is of good character, honesty, and integrity; 

b. Does not pose a threat to the public interest of the Tribe or its 

members or to the effective regulation of gaming; 

c. Does not create or enhance dangers of unsuitable, unfair, or illegal 

practices in the conduct of gaming or the carrying on of the 

business and financial arrangements incidental thereto; and 

d. Is in all other respects qualified to be licensed of found suitable 

consistent with the declared policy of the Ely Shoshone Tribe. 

3. An application for a license constitutes a request for a determination of the 

Applicant's general character, integrity and ability to participate or engage 

in, or be associated with gaming. Any written or oral statement made in 

the course of an official proceeding of the Tribal Gaming Commission or 
the National Indian Gaming Commission by any member thereof or any 

witness testifying under oath that is relevant to the purpose of the 

proceeding is absolutely privileged and does not impose liability 

constituting a ground for recovery in any civil action. 

4. Neither this subsection nor subsections C-G shall apply to gaming 

employees who are subject to the work permit requirements of Section 

14.A. 

Primam Mana~ement Officials and Kev Emplovees; License Application, 

Notices. 

1. The Commission shall require that primary management oficials and key 

employees fill out an application form and pay a processing fee designated 

by the Commission, which fee shall not exceed $1,500 per Applicant. 

2. Required Notices to Applicants: To the extent an application is subject to 

review by the National Indian Gaming Commission pursuant to the IGRA 

or the regulations of the National Indian Gaming Commission, the 

application form shall provide the following notices: 

a. Privacy 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. 552701-272 1. 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 

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 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 

constituent band or a gaming operation. The Tribe cannot hire a 

person in a primary management official or key employee position 

unless the person consents to the disclosures indicated in this 

notice. 

The disclosure of a person's Social Security Number (SSN) is 

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

in processing an application. 
b. Notice Regarding False Statements. 

A false statement on any part of an application may be grounds for 

not hiring a person, or for firing a person after work begins. Also, 

false statements may be punishable by fine or imprisonment (U.S. 

Code, Title 18, Section 1001). 

c. All applicants shall sign an acknowledgment of receipt and reading 

of the Privacy Notice and the Notice Regarding False Statements, 

which shall be placed on the same page immediately following the 

Notice. 

d. To the extent any key employee or primary management official 

has not received the notice required by this subsection, the Gaming 

Commission shall notify in writing all such key employees and 

primary management officials that they shall either: 

(i) complete a new application that contains the required types 

of notice; or 

(ii) sign a statement that contains the notices and thereby 

consent to the routine uses described in said notices. 

3. Ln addition to the requirements of subsection 2, the application form for 

both Class I1 and Class I11 gaming applicants shall require, at a minimum, 

the following information: 

a. The Applicant's full name, other names used (oral or written), 

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

gender, all languages spoken or written; 

b. Currently and for the previous five (5) years, a list of all business 

and employment positions held, all businesses in which the 

applicant has an ownership interest, and all business and residence 

addresses during that period; 

c. Currently and for the previous five (5) years, disclosure of all 

driver's license numbers ever assigned to the Applicant, and the 

state by which they were assigned; 

d. The names and current addresses of at least three personal 

references, including at least one personal reference who was 

acquainted with the Applicant during each period of residence 

listed under subsection 3.b of this subsection; 

e. Current business and residence telephone numbers; 
A description of any existing and previous business relationships 

with Indian tribes, including ownership interests in those 

businesses; 

A description of any existing and previous business relationships 

with the gaming industry generally, including ownership interest in 

those businesses; 

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; 

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 of the charge; 

For each misdemeanor conviction or ongoing misdemeanor 

prosecution within ten (10) years of the date of the application 

(excluding minor traffic violations), the name and address of the 

court involved, and the date and disposition of the charge; 

For each criminal charge (excluding minor traffic violations), 

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 subsection 3 .i or 3 .j of this section, the name and 

address of the court involved, the date of the offense, a short 

description of the charge, and the disposition; 

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; 

A current photograph; 

Fingerprints consistent with procedures adopted by the BIA/Tribal 

Police or the Commission consistent with 25 C.F.R. §522.2(h). 

Fingerprints shall be taken by the BIAITribal Police, or the State 

Police of the state in which the applicant resides, and shall be sent 

by the agency taking the fingerprints to the Federal Bureau of 

Investigation National Criminal Information Center for a criminal 

history check. The Commission may also submit an Applicant's 

fingerprint card to any tribal, local or state criminal history check 

center or system as the Commission deems necessary or 
appropriate. Reports obtained fiom such fingerprint checks shall 

be incorporated in the Applicant's file. 

o. For Class I11 gaming applicants, any additional information 

required by the Compact; 

p. Any other information required by the NIGC, or which the Tribal 

Gaming Commission deems relevant. 

D. Primary Management Officials and Key Employees; Background 

Investi~ation; Report. 

1. The Commission shall conduct, or cause to be conducted by an 

investigator appointed by it, a background investigation for each primary 

management official and key employee. In conducting a background 

investigation, the Commission or its agent shall promise to keep 

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

investigation. The Commission or its investigator shall, at a minimum: 

a. Verifjr all information on the application; 

b. To the extent deemed necessary, interview or obtain references 

from current and prior employers and immediate supervisors for 

the preceding five (5) years; 

c. To the extent deemed necessary, interview any or all personal 

references; 

d. Obtain a criminal history record; and 

e. Interview the applicant. 

2. The investigator shall make a written report of the investigation to the 

Commission, including therein the steps taken in conducting the 

investigation, the names, addresses and relationship to the applicant of any 

persons interviewed, the information obtained fiom each person 

interviewed regarding the Applicant's reputation, habits and associations, 

the apparent candidness (or lack thereof) of the persons interviewed, and 

any other information garnered or learned about the Applicant and the 

source of the information, and shall particularly identifjr all potential 

problem areas and sources of the information. 

E. Eligibilitv Determination. 

1. The Commission shall review the report and any additional information 

known to it, taking into account the Applicant's prior activities, criminal 
record, if any, and reputation, habits and associations, and shall make a 

determination concerning the eligibility for employment in a gaming 

operation. If the 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, a tribal 

gaming operation shall not employ that person in a key employee or 

primary management official position. 

F. Procedures for Forwarding Applications and Reports for Kev Emplovees 

and Primarv Management Off~cials to the National Indian Gaming 

Commission: Issuance of Temporaw Licenses. 

If the Commission determines that an Applicant is eligible for a license, it 

may issue a temporary license if it determines that the applicant must start 

work immediately, pending a review of the applicant's eligibility by the 

National Indian Gaming Commission and/or by the State of Nevada under 

the Compact, as applicable. Within ten (10) days of the issuance of a 

temporary license or upon a determination of eligibility, whichever occurs 

first, the Tribal Gaming Commission shall forward copies of the 

Applicant's employrnent/license application, and background investigation 

report and related information to the National Indian Gaming 

Commission, and to the State of Nevada if required under the Compact. 

2. In addition to the documentation required in subsection F.l, the Tribal 

Gaming Commission shall prepare and forward to the National Indian 

Gaming Commission, and to the State if required under the Compact, an 

investigative report on each background investigation. An investigative 

report shall include all of the following: 

a. Steps taken in conducting a background investigation; 

b. Results obtained; 

c. Conclusions reached; and 

d. The bases for those conclusions. 

The Tribal Gaming Commission shall submit, with the report, a copy of 

the eligibility determination made under this section. 

3. If a temporary license is not issued to an applicant or if the Commission 

determines an applicant is not eligible for a license, the Tribal Gaming 

Commission: 
a. Shall notify the National Indian Gaming Commission, and the 

State if required by the Compact; and 

b. May forward copies of its eligibility determination and 

investigative report (if any) to the National Indian Gaming 

Commission for inclusion in the Indian Gaming Individuals 

Records System. 

4. With respect to key employees and primary management officials, the 

Tribal Gaming Commission shall retain applications for employment and 

reports (if any) of background investigations for inspection by the 

Chairman of the National Indian Gaming Commission or hislher designee 

for no less than three (3) years from the date of termination of 

employment. 

G. grant in^ a gamin^ License. 

1. If, within a tm (30) day period after the National Indian Gaming 

Commission receives the information required in subsection F, the 

National Indian Gaming Commission notifies the Tribe that it has no 

objection to the issuance of a permanent license to the applicant, and the 

Tribal Gaming Commission may issue a permanent license to such 

applicant. 

2. The Tribal Gaming Commission shall respond to a request for additional 

information from the Chairman of the National Indian 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 paragraph G.l of this section until the Chairman of the 

National Indian Gaming Commission receives the additional information. 

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

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 whom the Tribe has provided an application and 

investigative report to the National Indian Gaming Commission, the Tribal 

Gaming Commission shall make the final decision whether to issue a 

license to such applicant. 

4. Notwithstanding any provision herein to the contrary, to the extent the 

Tribal Gaming Commission is required by the Compact to submit relevant 

background and licensing information for Class ID gaming applicants to 

the State, the Tribal Gaming Commission may not issue a permanent 

license until after the applicable requirements of the Compact are met. 
H. Requirements Applicable to all Employees. 

1. No person shall be employed by a tribal gaming enterprise operated on the 

Ely Shoshone Tribal lands who is under the age 18, except that, no person 

shall be employed as a primary management official or key employee who 

is under the age of 21. 

2. No person shall be employed as a primary management official or key 

employee in a Class I1 or Class 111 gaming activity who has not first 

applied for and obtained a tribal gaming license pursuant to this Ordinance 

and, for Class lII gaming, in compliance with the terms and conditions of 

the Compact. 

3. Every person employed at a tribal gaming facility operated on Ely 

Shoshone Tribal lands shall wear an identification badge during work 

hours that conspicuously states his or her full name, title, and place of 

employment. 

Section 15. License Sus~ension and Revocation. 

A. If, after the issuance of a temporary or permanent gaming license, the Tribal 

Gaming Commission receives from the National Indian Gaming Commission, the 

State, or any other source reliable information indicating that a key employee or a 

primary management official is not eligible for employment under Section 14 

above, the Tribal Gaming Commission shall suspend such license and shall notify 

the Licensee in writing of the suspension and the proposed revocation. 

B. The Tribal Gaming Commission shall notifjr the Licensee of a time and a place 

for a hearing on the proposed revocation of a license. 

C. 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 

National Indian Gaming Commission, and the State if required by the Compact, 

of its decision. 

D. Decisions by the Tribal Gaming Commission to suspend or revoke a temporary 

license are not appealable. 

E. Decisions by the Tribal Gaming Commission to suspend or revoke a permanent 

license may be appealed to the Tribal Court by filing an appropriate civil 

complaint within thirty (30) days of a final decision of the Gaming Commission. 

Unless a complaint is timely filed under this section, the Commission's decision 

shall be final, and the Tribal Court shall have no jurisdiction to review the 

Commission's action. If a timely complaint is filed, the Tribal Court shall uphold 

the decision of the Tribal Gaming Commission unless the Court determines that 

the Gaming Commission's decision is arbitrary, capricious or otherwise not in 
accordance with applicable law, in which case the Tribal Court may reverse, 

modify or vacate the decision of the Gaming Commission, and grant such 

equitable relief as it deems necessary and appropriate. In no event shall the Tribal 

Court be authorized to grant any form of monetary relief against the Tribal 

Gaming Commission. Except as specifically authorized herein, nothing in this 

Ordinance shall be construed as a waiver of the sovereign immunity of the Tribe 

or the Tribal Gaming Commission. 

F. A copy of the Tribal Gaming Commission's decision, and if applicable the Tribal 

Court's decision, regarding the revocation of a license shall be sent to the NIGC, 

and to the State if required by the Compact. 

Section 16. Audits of Tribal gamin^ O~erations. 

A. The Tribal Gaming Commission shall cause to be conducted annually an 

independent audit of all tribal gaming operations, and shall submit the resulting 

audit reports to the National Indian Gaming Commission. 

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. 

111. CLASS I1 GAMING 

Section 17. Definitions. 

A. Except as otherwise provided in this Ordinance, the Compact or the regulations of 

the NIGC, the following terms are defined as follows: 

1. "Bingo" means bingo as defined in Section 4 of this Ordinance. 

2. "Bingo Occasion" means a single session or gathering at which a series of 

successive bingo games are played. 

3. "Card games" means non-banking card games played in conformity with 

Nevada State law regulating hours, wages and pot limitations. 

4. "Class 11 electronic aid" means and includes and electronic device or 

machine that is approved by the National Indian Gaming Commission or a 

federal court for use as a Class I1 game pursuant to 25 U.S.C. §2703(7). 

5. "Game Card" and "Bingo card game" mean a regular or special Bingo 

Card. 
6. "Lotto" means a game of chance played for prizes with cards bearing 

numbers or other designations in which the player holding the card covers 

such numbers or designations when objects similarly numbered or 

designated are drawn or otherwise randomly determined, in which the 

game is won by the first player to cover a pre-designated arrangement on 

the card. 

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

opened by customers revealing a predetermined winning arrangement. 

8. "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. 

9. "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. 

10. "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 game(s). 

11. "Special Bingo Game" means any bingo game which is not a regular 

bingo game and which is played with special bingo cards whether or not 

for special prizes. 

12. "Tip Jars" means a game of chance, wherein a person upon payment of a 

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

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

designated prize. 

Section 18. Person Authorized to Conduct Class I1 Gaming. 

A. No person or entity shall own, operate or conduct a Class I1 gaming 

activity on Indian lands unless that person or entity has first received a 

license to conduct a Class I1 gaming activity fiom the Gaming 

Commission. The initial license of any Class I1 gaming operation must 

also be approved by the Tribal Council. 

Section 19. Ownership of Class I1 Gaming Activitv. 

A. Except as expressly provided herein, the Ely Shoshone Tribe shall have 

the sole proprietary interest in any Class II gaming operation or facility 

conducted on Indian lands. 
B. Notwithstanding subparagraph A above, the Tribal Gaming Commission, 

with the prior approval of the Tribal Council, may license a Class I1 

gaming activity owned in whole or in part, by a person or entity other than 

the Ely Shoshone Tribe, provided that (a) the licensing standards for 

individually owned Class II gaming shall be at least as restrictive as those 

established by State law governing similar gaming within the jurisdiction 

of the State; and (b) no license may be issued to such a person or entity 

unless the person or entity has first expressly agreed in writing on a form 

prescribed by the Tribal Gaming Commission that: 

1. The gaming activity shall be subject to the regulations prescribed 

in this section; 

2. Not less than sixty percent (60%) of the net revenues fiom the 

gaming activity shall be income to the Tribe; 

3. The person(s) who own(s) the gaming activity or entity: 

a. Is (are) eligible to receive a license fiom the State of 

Nevada to conduct the same gaming activity on lands 

subject to State jurisdiction; and 

b. Shall pay an appropriate assessment to the National Indian 

Gaming Commission for the regulation of the gaming 

activity, as required by 25 U.S.C. $2717(a)(l). 

4. A license to own or operate a Class II gaming establishment shall 

not be granted unless the Applicant has satisfied the Tribal Gaming 

Commission that: 

a. He has adequate business ability, confidence and 

experience in gaming, and the proposed gaming operation 

will generate net revenue for the Tribe; and 

b. The proposed financing of the operation is adequate for the 

nature of the proposed operation and fiom a suitable 

source, and lender or other source of money or credit that 

the Commission finds does not meet appropriate standards 

may be deemed unsuitable. 

5. The Tribal Gaming Commission may in its discretion grant a 

license to a corporation that has complied with the provisions of 

the Tribal Gaming Ordinance. 
6. The Tribal Gaming Commission may in its discretion grant a 

license to a limited partnership that has complied with the Tribal 

Gaming Ordinance. 

7. No person or limited partnership, except one whose sole limited 

partner is a publicly traded corporation which has registered with 

the Tribal Gaming Commission, or business trust organization or 

other association of a quasi corporate character, is eligible to 

receive or hold any license, or be a Licensee or operator under this 

Ordinance unless all persons having any direct or indirect interest 

therein or nay nature whatsoever, whether financial, 

administrative, policy making or supervisory, are individually 

qualified to be licensed under the provisions of this chapter. 

8. The Tribal Gaming Commission may limit the number of persons 

who may be financially interested in any corporation or other 

organization or association licensed under this Ordinance, 

consistent with 25 U.S.C. $2700 et seq., and establish such other 

qualifications for licenses as they may, in their discretion, deem to 

be in the public interest and consistent with the declared policy of 

the Tribe and the IGRA. 

Income to the Tribe fiom the gaming activity shall only be used for the 

purposes described in Section 6 of this Ordinance. 

Section 20. Manaeement Contracts. 

The Ely Shoshone Tribe may enter into a management contract for the operation and 

management of Class I1 tribal gaming operations. Each such contract must comply with 

the provisions of this Ordinance, other applicable provisions of tribal law (including, but 

not limited to, tribal employment preference laws), and provisions of federal law 

(including, but not limited to, 25 U.S.C. $27 1 1). 

Section 21. Games Permitted. 

A. The Tribe andlor any licensed Class I1 owner and operator may conduct any Class 

I1 games and any combination of Class I1 games. 

B. A schedule of the Class I1 games to be conducted and a description of prizes 

offered must be conspicuously posted at each entrance to the Class I1 facility each 

week in which games will be conducted at least 24 hours prior to the start of the 

first game scheduled. 
Section 22. Bingo Game Cards. 

A. Each facility shall provide the game cards to be used for each bingo game 

conducted and each card shall be marked to indicate the issuing facility. 

B. Special bingo cards must be issued separately from regular bingo cards, and must 

be specially marked to indicate the particular special bingo game, including the 

date, and the facility of issuance. In the case of computer-generated cards, the 

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

calling of the first number or designated symbol, so as not to permit altering or 

changing of the card during the game, and every winning card must be verified. 

A special bingo card shall be valid only for the designated game. 

Section 23. Player Limitation. 

A. The number of persons permitted to play any Class 11 game shall be determined 

by the owner, operator or manager as is appropriate, except that: 

1. The number of people permitted in the facility or in any room in the 

facility shall not exceed the limitation of the number permissible under the 

applicable fire, building or other safety codes or standards. 

2. The number of people permitted to play any bingo game shall not exceed 

the number of seats available in the room(s) in which the game is being 

played. 

Section 24. Entry Prohibited. 

No person may enter any room in which a bingo game is being played unless the person 

is a player, except facility employees and persons present by authority of the Tribal 

Gaming Commission, for purposes of inspection or regulatory duties. 

Section 25. Hours of Operation; Notice to Commission. 

A. Class 11 gaming may be conducted 24 hours a day, seven days a week, unless the 

Tribal Gaming Commission, by license, regulation or otherwise, limits the hours 

of operation of any Class I1 gaming facility. 

B. Unless notified otherwise by the Gaming Commission, each licensed Class I1 

gaming facility shall have the right to operate 24 hours a day, seven days a week. 
IV. CLASS I11 GAMING 

Section 26. Persons Authorized to Conduct Class I11 Gaming. 

No person or entity shall conduct a Class 111 gaming activity on Indian lands unless that 

person or entity has first complied with the terms and conditions of the Compact and has 

received a license to conduct a Class 111 gaming activity from the Tribal Gaming 

Commission. The initial license of any Class 111 tribal gaming operation must also be 

approved by the Tribal Council. 

Section 27. Persons Authorized to Own a Class I11 Gaming Operation. 

A. Except as expressly provided herein, the Ely Shoshone Tribe shall have the sole 

proprietary interest in any Class 111 gaming operation or facility. 

B. Notwithstanding subparagraph A above, the Tribal Gaming Commission, with the 

prior approval of the Tribal Council, may license a Class 111 gaming facility 

owned in whole or in part by a person or entity other than the Ely Shoshone Tribe, 

or provided that the licensing standards for individually owned Class III gaming 

shall comply with the Compact, and all other applicable provisions of federal law 

are satisfied. Any such gaming activity shall be subject to regulations prescribed 

by the Gaming Commission which shall be consistent with the Compact and 

applicable provisions of the IGRA. 

Section 28. Authorized Overation. 

A. Class 111 gaming is prohibited on the Reservation unless such gaming is licensed 

and authorized pursuant to the provisions of the Compact and this Ordinance. 

1. Operation of Class I11 Gaming Facilities. 

a. A tribal or non-tribal gaming facility may operate Class III gaming 

at one or more facilities on the Ely Shoshone Tribal lands if: 

(i) the proposed facility is in compliance with the requirements 

of this Ordinance; 

(ii) the proposed facility is in compliance with the Compact; 

and 

(iii) the Class 111 gaming operation proposal complies with all 

other applicable laws and regulations. 
Section 29. Mana~ement Contracts. 

The Tribal Council may enter into a management contract for the operation and 

management of Class I11 tribal gaming activities. Each such contract must comply with 

the provisions of this Ordinance, the Compact, other applicable provisions of tribal law 

(including, but not limited to, tribal employment preference laws), and provisions of 

federal law (including, but not limited to, 25 U.S.C. $271 1). 

Section 30. Games Permitted. 

A. Any Class 111 game or games permitted pursuant to the Compact may be 

conducted on the Reservation, subject to the restrictions and conditions set by the 

Tribal Gaming Commission. 

B. Conduct of any Class III game that is first legalized within the State of Nevada 

after the date of the Compact then in effect, or which heretofore becomes 

permitted on Indian lands under federal law, pursuant to the Compact or 

amendments thereto may be authorized by the Tribal Gaming Commission by 

regulation. 

Sections 31-35. fResewed). 

V. VIOLATIONS 

Section 36. Crimes; Penalties. 

A. It shall be unlawful for any person to: 

1. Operate or participate in gaming on Indian lands in violation of the 

provisions of this Ordinance or in violation of rules and/or regulations 

promulgated pursuant to this Ordinance; 

2. Knowingly make a false statement in an application for employment with 

a gaming activity or enterprise, or in an application for a license to operate 

a gaming activity or enterprise on Ely Shoshone Tribal lands; 

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 Ely 

Shoshone Tribal lands; or 

4. Violate any other provisions of tribal law, applicable state or federal law 

on the premises of any gaming facility. 

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

each day that a violation arises or continues. Any non-Indian who violates a 

provision of this Ordinance shall be subject to a civil fine, and may be excluded 

from the Indian lands within the jurisdiction of the Ely Shoshone Tribe. 

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. 

Section 37. Civil Penalties. 

A. Any person or entity who violates any term or condition of any license issued 

pursuant to this Ordinance may be assessed a civil penalty by the Tribal Court in a 

civil action filed by the Tribal Gaming Commission or tribal prosecutor. Each 

violation shall be treated separately and may be assessed as a separate violation. 

B. Civil penalties provided for in this section may be imposed in addition to the 

criminal penalties provided for in Section 34 above. 

M. VALIDITY OF ORDINANCE 

Section 38. Severabilitv. 

A. If any provision or provisions in this Ordinance are held invalid by a court of 

competent jurisdiction, this Ordinance shall continue in effect as if the invalid 

provision(s) were not a part hereof. 

B. If any provision of this Ordinance is inconsistent with any provision of the 

Compact, the terms of the Compact shall control. 

Section 39. Effective Date of Ordinance. 

This Ordinance shall take effect upon adoption of the Tribal Council and approval by the 

NIGC pursuant to the IGRA and regulations applicable thereunder. Any and all prior 

ordinances regulating gaming on Tribal lands are repealed as of the date this Ordinance 

takes effect.