APR 2 8 1995 

Bruce Anderson, President 

Coquille Indian Tribe 

P.0, Box 1435 

Coos Bay, Oregon 97420 

Dear President Anderson: 

This letter responds to your request to review and approve the 

-tribal gaming ordinance adopted by the Caquille Indian Tribe 

*(Tribe) on February 25, 1995, in Resolution CY9509. This lette 

constitutes such-approval under the Indian Gaming Regulatory Ac 

(IGRA) . 

Under the IGRA and the regulations of the National Indian Gamin 

~onunission (NIGC), the Chairman is directed to review ordinance 

with respect to the requirements of the IGRA and the implementi 

regulations. Thus, the scope of the Chairman's review and 

approval is limited to the requirements of the IGRA and the NIG 

regulations. Provisions other than those required under the IG 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, such 

approval does not constitute approval of specific games. A 

With the Chairman's approval of the Tribe's gaming ordinance, t 

Tribe is now required to conduct background investigations on i 

key employees and primary management officials. The NIGC expec 

to receive a completed application for each key employee and 

primary management official pursuant to 25 C.F.R. S 556.5(a) an 

an investigative report on each background investigation before 

issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. S 556.5(b). 

Thank you for submitting the ordinance of the Coquille Indian r Tribe for review and approval. The NIGC staff and I look forwa 

to ~orkin~with you and the Tribe in implementing the IGRA. 

Sincerely yours, 

Harold A, Monteau 

Chairman 

-- - .. . - .- .. . .. - -. . - .. .- - - . . 1850 hl STREET. N W SIJITE 2lio L\ASlilN(:l(~:.. L)c ._ . ___ _ ._ _ 4d.x _ ... i! ! .:. . *. t, ., ' I I FAX 202 632 70GG . - - - 
COQUILLE INDIAN TRIBE 

295 S. 10th P.O. Box 1435 Coos Bay, OR 97420 

Telephone 503-267-4587 FAX 503-269-2573 

1-800-622-5869 

RESOLUTION 

CY9509 

ECONOMIC DEVELOPMENT: Approval of Coquille Tribal Gaming Ordinance 

WHEREAS, the Coquille Indian Tribe is governed by the Coquille Tribal Council 

pursuant to the Tribal Constitution adopted by eligible voters of the 

Tribe on August 27, 1991, and approved by the Secretary of the Interior 

on September 9, 1991 ; and that the Tribal Council is empowered to 

act for the Coquille Indian Tribe; AND, 

WHEREAS, The Coquille Indian Tribe possesses the inherent power of self-government and that it has 

established a government for legislative, executive, and judicial functions; AND, 

WHEREAS, The Coquille Indian Tribe hereby accepts the attached Gaming Code as the Tribe's 

Gaming Ordinance to govern Tribal gaming activities, with the understanding that it 

conforms to the Model Gaming Code recommended by the National Indian Gaming 

Commission (NIGC), and with the understanding that it can and will be amended to 

include the establishment of a working Tribal Gaming Commission; AND, 

WHEREAS, The Coquille Indian Tribe hereby accepts the attached Procedures for Background Checks 

of primary management officials and key employees, and authorizes Coquille Economic 

Development Corporation (CEDCO) to execute a Memorandum of Understanding with 

the NIGC for processing fingerprints; AND, 

WHEREAS, The Coquille Tribe hereby accepts the attached Procedures for Issuance of Licenses; 

AND, 

WHEREAS, CEDCO President, Bruce Anderson, as the individual mostly responsible for the day-today operation Coquille Tribal gaming, is best suited to be the designated agent to the 

NIGC for service under 25 CFR tj 5 19.1; NOW, 
RESOLUTION CY9509 

ECONOMIC DEVELOPMENT: Approval of Coquille Tribal Gaming Ordinance 

Page two 

THEREFORE BE IT RESOLVED, that the Tribal Council hereby accepts and enacts into Tribal law 

the attached Gaming Code as the Tribe's Gaming Ordinance; AND, 

BE IT FURTHER RESOLVED, that the Tribal Council accepts and enacts into Tribal law the 

Procedures for Background Checks of primary Management Ofticials and Key Employees, and the 

Procedures for issuance of Licenses, and authorizes CEDCO to execute a Memorandum of 

Understanding with the NI~ for processing fingerprints; AND, 

BE FURTHER RESOLWD, that Tribal member and CEDCO President, Bruce Anderson, serve as the 

designated agent to the NIW for service under 25 CFR 5 5 19. I; AND, 

BE IT FINALLY RESOLVED, that CEDCO is authorized to proceed to prepare and submit the 

Gaming Code to the ~ational Indian Gaming Commission for the approvals necessary to allow the Tribe 

to proceed with Class I1 and Class 111 gaming activities. 

CERTIFICATION 

The foregoing Resolution was duly adopted at the Tribal Council Meeting held at 

Medford, Oregon, on February 25, 1995, with the required quorum present by a vote of 

5 For; 0; Against; / Absent; and 0 Abstaining. 

Chairperson 

- 1 

~&e yanner, Acting 

Secretary-Treasurer 
TRIBAL GAMING ORDINANCE 

COQUILLE TRIBE OF INDIANS 
COQUILLE INDIAN TRIBAL CODE 

Chapter 198 

Tribal Gaming 

Index 

Subchapter/ 

Section 

198.010 GENERAL 

198.020 JURISDICTION 

198.100 GAMING AUTHORIZED 

198.120 OWNERSHIP OF GAMING 

198.130 USE OF GAMING REVENUE 

198.140 AUDIT 

198.150 PROTECTION OF THE ENVIRONMENT 

AND PUBLIC HEALTH AND SAFETY 

198.160 LICENSES FOR KEY EMPLOYEES 

AND PRIMARY MANAGEMENT OFFICIALS 

198.170 LICENSE LOCATIONS 

198.180 REPEAL 

198.190 AMENDMENT 

198.200 SEVERABILITY 

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COQUILLE INDIAN TRIBAL CODE 

Chapter 198 

Tribal Gaming 

198.010 General 

1. Purpose 

The Tribal Council ("Tribe"), empowered by the Coquille 

Tribe's Constitution to enact ordinances, hereby enacts this 

ordinance in order to set the terms for class I1 and I11 gaming 

operations on tribal lands. 

2. Background and Intent 

3. Definitions (reserved) 

198.020 Jurisdiction (reserved) 

198.100 Gaming Authorized 

Class I1 gaming as defined in the Indian Gaming Regulatory 

Act, P.L. 100-447, ("IGRA") 25 U.S.C. Section 2703 (7) (A) and Class 

I11 gaming as defined in IGRA, 25 U.S.C. Section 2703(8) and by the 

regulations promulgated by the National Indian Gaming Commission at 

25 C.F.R. Section 502 (as published in the Federal Register at 57 

FR 12382-12393, April 9, 1992) are hereby authorized. 

198.120 Ownership of Gaming 

The Tribe shall have the sole propriety interest in and 

responsibility for the conduct of any gaming operation authorized 

by this ordinance. 

198.130 Use of Gaming Revenue 

1. Net Revenue 

Net revenue from class I1 and class I11 gaming operations 

shall be used only for the following purposes: to fund tribal 

government operations and programs; to provide for the general 

welfare of the Tribe and its members; to promote tribal economic 

development; to donate to charitable organizations; or to help fund 

operations of local government agencies. 

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COQUILLE INDIAN TRIBAL CODE 

Chapter 198 

Tribal Gaming 

2. Per Capita Payment 

If the Tribe elects to make per capita payments to tribal 

members, it shall authorize such payments only upon the approval of 

a plan submitted to the Secretary of the Interior under 25 U.S.C. 

Section 2710 (b) (3) . 

198.140 Audit 

1. Annual Audit 

The Tribe shall cause to be conducted annually an independent 

audit of the gaming operations and shall submit the resulting audit 

reports to the National Indian Gaming Commission. 

2. Gaming Contracts 

All gaming related contracts that result in the purchase of 

supplies, services, or concessions in excess of $25,000.000 

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 of this section. 

198.150 Protection of the Environment and Public Health and 

Safety 

Class I1 and I11 gaming facilities shall be constructed, 

maintained and operated in a manner that adequately protects the 

environment, public health and safety. 

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COQUlLLE INDIAN TRIBAL CODE 

Chapter 198 

Tribal Gaming 

198.160 Licenses for Key Employees and Primary Management 

Officials 

The Tribe shall ensure that the policies and procedures set 

forth in this section and that certain Memorandum of Understandinq 

with the State of Oregon dated are implemented with 

respect to key employees and primary management officials employed 

at any class I1 and 111 gaming enterprise operated on Indian lands 

and will include but are not limited to the following: 

1. Definitions: 

For the purposes of this section, the following definitions apply: 

(a) Key employee means 

(1) A person who performs one or more of the following 

functions: 

(A) bingo caller; 

(B) counting room supervisor; 

(C) chief of security; 

(D) custodian of gaming supplies or cash; 

(E) floor manager; 

(F) pit boss; 

(G) dealer; 

(H) croupier; 

(I) approver of credit; or 

(J) custodian of gambling devices including 

persons with access to cash and accounting records 

within such devices; 

(2) If not otherwise included, any other person whose 

total cash compensation is in excess of $50,000 per year; or 

(3) If not otherwise included, the four most highly 

compensated persons in the gaming operation. 

(b) Primary management official means 

(1) The person having management responsibility for a 

management contract; 

(2) Any person who has authority: 

(A) to hire and fire employees; or 

(B) to set up working policy for the gaming 

operation; or 

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COQUILLE INDIAN TRIBAL CODE 

Chapter 198 

Tribal Gaming 

(3) The chief financial officer or other person who has 

financial management responsibility. 

2. Application Forms 

(a) The following notice shall be placed on the application 

form for a key employee or primary management official before that 

form is filled out by an applicant: 

In compliance with the Privacy Act of 1974, the 

following information is provided: 

Solicitation of the information on this form 

is authorized by 25 U.S.C. 2701 et seq. The purpose 

of the requested information is to determine the 

eligibility of individuals to be employed in a 

gaming operation. The information will be used by 

the National Indian Gaming Commission members and 

staff who have a need for the information in the 

performance of their official duties. The 

information may be disclosed to appropriate 

Federal, Tribal, State, local, or foreign law 

enforcement and regulatory agencies when relevant 

to civil, criminal or regulatory investigations or 

prosecutions or when pursuant to a requirement by a 

tribe or the National Indian Gaming Commission in 

connection with the hiring or firing of an 

employee, the issuance or revocation of a gaming 

license, or investigations of activities while 

associated with a tribe or a gaming operation. 

Failure to consent to the disclosures indicated in 

this notice will result in a tribe being unable to 

hire you in a primary management official or key 

employee position. The disclosure of your social 

security number (SSN) is voluntary. However, 

failure to supply a SSN may result in errors in 

processing your application. 

(b) Existing key employees and primary management officials 

shall be notified in writing that they shall either: 

(1) complete a new application form that contains a 

Privacy Act notice; or 

(2) sign a statement that contains the Act notice and 

consent to the routine uses described in that notice. 

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COQUILLE INDIAN TRIBAL CODE 

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Tribal Gaming 

(c) The following notice shall be placed on the application 

form for a key employee or a primary management official before 

that form is filled out by the applicant: 

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 or imprisonment. 

(U.S. Code, Title 18, section 1001) 

(d) The Tribe shall notify in writing existing key employees 

and primary management officials that they shall either: 

(1) complete a new application form that contains a 

notice regarding false statements; or 

(2) sign a statement that contains the notice regarding 

false statements. 

3. Background Investigations 

(a) The Tribe shall request from each primary management 

official and from each key employee all of the following 

information: 

1 Full name, other names used (oral or written), 

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

citizenship, gender, all languages spoken or written; 

(2) Currently and for the previous 5 years: business 

and employment positions held, ownership interests in those 

business, if any, business and residence addresses and 

driver's license number; 

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

personal references, including one personal reference who was 

acquainted with the applicant during each period of residence 

listed under paragraph (a) (2) of this section; 

(4) Current business and residence telephone numbers; 

(5) A description of any existing and previous business 

relationships with Indian tribes, including ownership 

interests in those businesses; 

(6) A description of any existing and previous business 

relationships with the gaming industry generally, including 

ownership interests in those businesses; 

(7) The name and address of any licensing or regulatory 

agency with which the person has filed any application for a 

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COQUILLE INDIAN TRIBAL CODE 

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Tribal Gaming 

license or permit related to gaming, whether or not such 

license or permit was granted; 

(8) 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 with disposition if any; 

(9) For each misdemeanor conviction or ongoing 

misdemeanor prosecution (excluding minor traffic violations), 

within 10 years of the date of the application, the name and 

address of the court involved and the date of disposition if 

any; 

(10) For each criminal charge (.excluding minor traffic 

charges), whether or not there is a conviction, if such 

criminal charge is within 10 years of the date of the 

application and is not otherwise listed pursuant to paragraph 

(a) (8) or (a) (9) of this section, the criminal charge, the 

name and address of the court involved and the date of 

disposition if any; 

(11) The name and address of any licensing or regulatory 

agency with which the person has filed an application for an 

occupational license or permit, whether or not such license or 

permit was granted; 

(12) A current photograph of the applicant; 

(13) Any other information the Tribe deems relevant; and 

(14) Fingerprints consistent with procedures adopted by 

the Tribe in accordance with 25 CFR section 522.2(h). 

(b) The Tribe shall conduct an investigation sufficient to 

make a determination under section 4 below. In conducting a 

background investigation, the Tribe or its agent shall promise to 

keep confidential the identity of each person interviewed in the 

course of the investigation. 

4. Eligibility Determination 

The Tribe shall review a person's prior activities, criminal 

record, if any, and reputation, habits and associations to make a 

finding concerning the eligibility of a key employee or primary 

management official for employment in a gaming operation. If the 

Tribe 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, 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. 

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Tribal Gaming 

5. Procedures for Forwarding Applications and Reports for Key 

Employees and Primary Management Officials to the National Indian 

Gaming Commission. 

(a) When a key employee or primary management official 

begins work at a gaming operation authorized by this ordinance, the 

Tribe shall forward to the National Indian Gaming Commission a 

completed application for employment, conduct the background 

investigation and make the determination referenced in subsection 4 

of this section. 

(b) The Tribe shall forward the report referred to in 

subsection F of this section to the National Indian Gaming 

Commission within 60 days after an employee begins work or within 

60 days of the approval of this ordinance by the Chairman of the 

National Indian Gaming Commission. 

(c) The gaming operation shall not employ as a key employee 

or primary management official a person who does not have a license 

after 90 days. 

6. Report to the National Indian Gaming Commission 

(a) Pursuant to the procedures set forth in subsection 5 of 

this section, the Tribe shall prepare and forward to the National 

Indian Gaming Commission an investigative report on each background 

investigation. An investigative report shall include all of the 

following: 

(1) steps taken in conducting a background 

investigation; 

(2) results obtained; 

(3) conclusions reached; 

(4) The bases for those conclusions. 

(b) The Tribe shall submit, with the report, a copy of the 

eligibility determination made under subsection 4 of this section. 

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

(1) shall notify the National Indian Gaming Commission; 

and 

(2) may forward copies of its eligibility determination 

and investigative report (if any) to the National Indian 

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COQUILLE INDIAN TRIBAL CODE 

Chapter 198 

Tribal Gaming 

Gaming Commission for inclusion in the Indian Gaming 

Individuals Records System. 

(d) 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 

Chairman of the National Indian Gaming Commission or his or her 

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

termination of employment. 

7. Granting a Gaming License 

(a) If, within a thirty (30) day period after the National 

Indian Gaming Commission receives a report, the National Indian 

Gaming Commission notifies the Tribe that it has no objection to 

the issuance of a license pursuant to a license application filed 

by a key employee or a primary management official for whom the 

Tribe has provided an application and investigative report to the 

National Indian Gaming Commission, the Tribe may issue a license to 

such applicant. 

(b) The Tribe shall respond to a request for additional 

information from the Chairman of the National 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 7.(a) of this section 

until the Chairman receives the additional information. 

(c) 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 primary management official for whom the Tribe has 

provided an application and investigative report to the National 

Indian Gaming Commission, the Tribe shall reconsider the 

application, taking into account the objections itemized by the 

National Indian Gaming Commission. The Tribe shall make the final 

decision whether to issue the license to the applicant. 

8. License Suspension 

(a) If, after the issuance of a gaming license, the Tribe 

receives from the National Indian Gaming Commission reliable 

information indicating that a key employee or a primary management 

official is not eligible for employment under subsection D of this 

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COQUILLE INDIAN TRIBAL CODE 

Chapter 198 

Tribal Gaming 

section, the Tribe shall suspend such license and shall notify in 

writing the licensee of the suspension and the proposed revocation. 

(b) The Tribe shall notify the licensee of a time and a 

place for a hearing on the proposed revocation of the license. 

(c) After a revocation hearing, the Tribe shall decide to 

revoke or to reinstate a gaming license within thirty (30) days of 

the last day of the hearing. The Tribe shall notify the National 

Indian Gaming Commission of its decision. 

198.170 License Locations 

The Tribe shall issue a separate license to each place, 

facility, or location on Indian lands where Class I1 and I11 gaming 

is conducted under this ordinance. 

198.180 Repeal 

To the extent that they are inconsistent with this ordinance, 

all prior gaming ordinances are hereby repealed. 

198.190 Amendment 

This Ordinance, and regulations promulgated hereunder are 

subject to revision, amendment and repeal by the Tribe, subject to 

applicable provisions of the Tribe's Constitution, the Indian 

Gaming Regulatory Act, regulations of the National Indian Gaming 

Commission, and other federal laws. 

198.200 Severability 

If any provision of the Ordinance or amendment thereto, or the 

application to any purpose or circumstance, is held invalid by a 

court of competent jurisdiction, the full remainder of the 

provision, or the application of the provision through another 

person or upon another circumstance, shall not be affected. 

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