JUL 3 1 I995 

Allen Summers, Chairman 

Bishop Paiute Tribe 

~aiute Professional Building 

Tu Su Lane 

P.O. Box 548 

Bishop, CA 93515 

Dear Chairman Summers: 

This letter responds to your request to review and approve 

the tribal gaming ordinance, adopted on June 15, 1995, by the 

Bishop Paiute Tribe (Tribe). This letter constitutes such 

approval under the Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian 

Gaming Commission (NIGC), the Chairman is directed to review 

ordinances with respect to the requirements of the IGRA and the 

implementing regulations. Thus, the scope of the Chairman's 

review and approval is limited to the requirements of the IGRA 

and the NIGC regulations. Provisions other than those required 

under the IGRA 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. It 

is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming 

ordinance, the Tribe is now required to conduct background 

investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application 

for each key employee and primary management official pursuant to 

25 C.F.R. S 556.5(a) and an investigative report ar) 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 Bishop Paiute 

Tribe for review and approval. The NIGC staff and I look forward 

to working with you and the Tribe in implementing the IGRA. 

Sincerely yours, 

Chairman 

cc: Mark Webb 

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ADOPTED 

FEBRUARY 9. 1995 

AS AMENDED JUNE 15. 1995 

GAMING ORDINANCE 

OF 

THE BISHOP PAIUTE TRIBE 

Table of Contents 

GENERAL PROVISIONS AND PURPOSE ...................... 2 

DEFINITIONS ......................................... 3 

AUTHORIZATION OF GAMING ACTIVITIES .................. 7 

CONFORMANCE WITH IGRA AND COMPACT ................... 8 

STANDARDS OF OPERATION AND MANAGEMENT ............... 8 

NET REVEN[JES FOR AUTHORIZED PURPOSES ................ 9 

PUBLIC SAFETY STANDARDS ............................. 9 

BISHOP PAIUTE GAMING COMMISSION .................... 10 

LICENSING PROCEDURES ............................... 15 

BACKGROUND INVESTIGATIONS .......................... 22 

CONFLICTS OF INTEREST PROHIBITED ................... 28 

ACCOUNTING. MONTHLY REPORTS. AND ANNUAL AUDITS ..... 29 

MISCELLANEOUS PROVISIONS ........................... 31 

PENALTIES FOR VIOLATIONS ........................... 32 

RESCINDING OF PRIOR ORDINANCES ..................... 33 

EFFECTIVE DATE ..................................... 33 
GAMING ORDINANCE 

OF 

THE BISHOP PAIUTE TRIBE 

The BISHOP INDIAN TRIBAL COUNCIL, duly elected governing body 

of the Bishop Paiute Tribe, a federally recognized Indian tribe 

(Tribeu), does hereby ordain as follows: 

CHAPTER 1. GENERAL PROVISIONS AND PURPOSE 

Sec. 101. This Ordinance shall be known as the Gaming 

Ordinance of the Bishop Paiute Tribe ("Ordinance"). 

Sec. 102. This Ordinance is enacted to: 

(a) Provide authorization for the operation of gaming 

by the Tribe as a means of promoting tribal economic 

development, self-sufficiency and a strong tribal 

government; and 

(b) Provide appropriate regulations and rules which 

shall be strictly and uniformly enforced throughout the 

jurisdiction of the Tribe to ensure the close control by the 

BISHOP INDIAN TRIBAL COUNCIL, the Tribe's duly elected 

governing body ,of all phases of the conduct of gaming 

operations on the Tribe's Lands. 

Sec. 103. The Tribe shall have the sole proprietary interest 

in and responsibility for the conduct of any gaming operation 

authorized by this Ordinance. In the event the Tribe authorizes 

individually owned gaming, all licenses shall be issue according 

to the requirements contained in this Ordinance and pursuant to 25 

CFR 522.10. 
Set. 104.' The regulations and rules set forth in this 

Ordinance shall govern all gaming operations conducted on the 

Tribe's Lands. To the extent that the Tribe's existing or 

subsequently adopted personnel manuals, policies and procedures or 

charters establishing entities to operate Tribal gaming are 

inconsistent with this Ordinance, this Ordinance shall supersede 

such personnel manuals, policies and procedures. 

Sec. 105. This Ordinance may be amended by 4 out of 5 members 

of the BISHOP INDIAN TRIBAL COUNCIL at a meeting duly called for 

said purpose. 

CHAPTER 2 DEFINITIONS 

For purposes of this Ordinance: 

Sec. 201. "Commission" means the Bishop Paiute Gaming 

Commission established pursuant to Chapter 8 of this Ordinance. 

Sec. 202. I'NIGCu means the National Indian Gaming Commission 

established pursuant to the IGRA, 25 U.S.C. S 2704. 

Sec. 203. llIGRA1l means the Indian Gaming Regulatory Act, 

Pub.L. 100-497, 25 U.S.C. SS 2701, et seq., including any 

amendments thereto. Where appropriate, "IGRAU also means 

regulations promulgated by the NIGC pursuant to the regulatory 

authority granted to the NIGC under the IGRA which are valid 

interpretations of the IGRA. 

Sec. 204. "Tribe" means the Bishop Paiute Tribe, a federally 

recognized Indian Tribe . 

Sec. 205. "BISHOP INDIAN TRIBAL COUNCIL" means the BISHOP 

INDIAN TRIBAL COUNCIL, the duly elected governing body of the 

Tribe. 

Sec. 206. "Applicant" means any person or entity having on 

file with the Commission an application for a gaming license 

pursuant to Chapter 9 of this Ordinance. 

Sec. 207. "Application" means the completed forms and 

in£ ormat ion requested by the Commission. 
Sec. 208. "Class I1 gaming1' means Class I1 gaming as defined 

in accordance with the IGRA, 25 U.S.C. S 2703(7) (A). 

Sec. 209. llClass I11 gaming" means Class I11 gaming as 

defined in accordance with the IGRA, 25 U.S.C. S 2703(8). 

Sec. 210. uCompactu means any gaming compact between any 

state and the Tribe entered into pursuant to the IGRA, including 

any amendments thereto. 

Sec. 211. "Gaming Facilities" means the buildings and 

associated real property within which Class I1 and Class I11 

gaming and other associated commercial activities are conducted. 

Sec. 212. "Gaming Operations" means all of the Tribe's Class 

I1 and Class I11 gaming operations conducted pursuant to the 

Ordinance. "Gaming Operation" means each economic entity that is 

licensed by the Tribe, operates the games, receives the revenues, 

issues the prizes and pays the expenses. 

Sec. 213. "General Managern means the individual who has 

responsibility for day-to-day operations of a Gaming Operation. 

Sec. 214. "Key Employeesn means the General Manager and the 

following persons: 

(a) All persons performing one or more of the 

following functions in any of the gaming 

Operations: 

(i) bingo caller; 

(ii) counting room supervisor; 

(iii) chief of security; 

( iv) custodian of gaming supplies or cash; 

(v) floor manager; 

(vi) pit boss; 

(vii) dealer; 
(viii) approver of credit; 

(,ix) custodian of gaming devices including 

persons with access to cash and accounting I records within such devices; or 

(XI croupier. 

(b) qf not otherwise included, any other person whose 

Lotal cash compensation is in excess of $50,000 

per year; or 

(c) 1'f not otherwise included, the four most highly 

compensated persons in each Gaming Operation. 

Sec. 215. "Lottery Board" means the California Lottery Board, 

its authorized of,ficials, agents and representatives. 

Sec. 216. "Management Contract" means any contract, 

subcontract or collateral agreement between the Tribe and a 

contractor or between a contractor and a subcontractor if such 

contract or agreement provides for the management of all or part 

of any gaming Ope,rations. 

For purposes of this Ordinance, "coll3teral agreement" means any 

contract, whether or not in writing, that is related, either 

directly or indirectly, to a management contract, or to any 

rights, duties or obligations created between the Tribe (or any of 

its members, entities or organizations) and a management 

contractor or s.ubcontractor (or to any person related to a 

management contractor or subcontractor), within the meaning of 25 

C.F.R. S 502.5. 

Sec. 217. "Net revenues" means gross revenues of any Gaming 

Operation less amount paid out as, or paid for, prizes and total 

gaming-related operating expenses including debt service but 

excluding management fees paid to a management contractor within 

the meaning of 25 U.S.C. S 2711(c). 

Sec. 218. "Ordinance" means this, the Gaming Ordinance of the 

Bishop Paiute Tribe. 

Sec. 219. "Owner or Controlling Personn means: 

(a) Any natural person having a direct financial 

interest in any management Contract; 

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(b) When a trust is a party to a Management Contract, 

any beneficiary or trustee; 

(c) When a partnership is a party to a Management 

Contract, any partner; 

(d) When a corporation is a party to a Management 

Contract, any person who is a director or who 

holds at least 10 percent of the issued and 

outstanding stock alone or in combination with 

another stockholder who is a spouse, parent, child 

or sibling; or 

(e) With respect to any entity with an interest in a 

trust, partnership or corporation that has an 

interest in a Management Contract, all 

beneficiaries, trustees, partners, directors or 10 

percent shareholders of such entities. 

Sec. 220. "Personl1 means any individual or entity, including 

any corporation or general or limited partnership. 

Sec. 221. "Premises" or "Licensed Premisesn means any place, 

facility, or location on the Tribe's Lands at which Class I1 or 

Class I11 gaming is conducted. 

Sec 222. "Primary Management Official" means: 

(a) The person or persons designated in any 

Management Contract pursuant to Sec. 303 as having 

management responsibility of all or any part of 

any Gaming Operation; 

(b) Any person who has authority: 

(i) To hire and fire employees of any Gaming 

Operation; or 

(ii) To set up working policy for any Gaming 

Operation; or 
(c) The chief financial officer or other person has 

financial management responsibility for any Gaming 

Operation. 

Sec. 223. A "Relative" of a person includes any of the 

person's spouse or cohabitant, parents, siblings, and children 

(including adopted children). 

Sec. 224. "Tribe's Lands" means: 

(a) All lands within the jurisdictional limits of the 

Bishop Paiute Reservation; 

CHAPTER 3. AUTHORIZATION OF GAMING ACTIVITIES 

Sec. 301. Authority for Class I1 gaminq. The Tribe shall be 

authorized to conduct all forms of Class I1 gaming on the Tribe's 

Lands. 

Sec. 302. Authoritv for Class I11 uaming. The Tribe shall be 

authorized to conduct the following types of Class I11 gaming on 

the Tribe's Lands: 

(a) Electronic games of chance with video facsimile 

displays : 

(b) Electronic games of chance with mechanical 

displays ; 

(c) Blackjack; 

(d) Keno; 

(e) Parimutuel Horse Racing; 

(£1 Any Lottery game; 

(g) Any other type of Class I11 gaming conducted 

pursuant to the terms of a Compact. 

Any Compact, when finalized, is hereby incorporated within and 

enacted as an integral part of this Ordinance with respect to all 

forms of Class I11 gaming as if set forth in full herein; 

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provided, however, that nothing in the adoption of a Compact shall 

be deemed to affect the operation by the Tribe of any Class I1 

gaming, whether conducted within or without the gaming facilities, 

or to confer upon any state any jurisdiction over such Class I1 

gaming conducted by the Tribe on the Tribe's Lands. 

Sec. 303. Authority for Manaaement and Other Contracts. The 

Tribe or chartered corporation established for the purpose of 

operating Tribal gaming may enter into any contract or other 

agreements to further its gaming interests, including one or more 

Management Contracts. Each Management contract shall designate the 

person or persons having responsibility for management of all or 

part of any Gaming Operation. Management Contracts and other 

gaming-related contracts shall contain such provisions as are 

required under the IGRA and the Compact, shall be submitted to the 

NIGC or other appropriate federal regulatory body for approval as 

required by the IGRA, and shall be submitted to the Lottery Board 

or other appropriate state regulatory body for approval if 

required by the Compact. All such contracts shall be effective 

pending review by the NIGC, other appropriate federal regulatory 

body, and/or the Lottery Board or other appropriate state 

regulatory body. 

CHAPTER 4. CONFORMANCE WITH IGRA AND COMPACT 

This Ordinance shall be construed in a manner which conforms 

to the IGRA and the Compact in all respects, and if inconsistent 

with the IGRA or the Compact in any manner, the provisions of the 

IGRA or the Compact, respectively, shall govern. 

CHAPTER 5. STANDARDS OF OPERATION AND MANAGEMENT 

Sec. 501. Class I1 aames. The BISHOP INDIAN TRIBAL COUNCIL 

shall adopt standards of operat ion and management for bingo and 

other Class I1 games and, pending such adoption, may impose such 

interim standards as it may determine necessary to protect the 

integrity of such games. The standards of operation and management 

for Class I1 games shall provide, at a minimum, that: 

(a) No person under the age of 18 shall be permitted 

to participate in any Class I1 gaming operations 

as an employee, contractor or player. 
(b) The rules by which the game will be conducted and 

the winner or winners determined will be 

established in advance of the game and shall be 

visibly displayed or available in pamphlet form in 

the Gaming Facility. 

Sec. 502. Class I11 games. The standards of operation and 

management for Class I11 games shall be those set forth in a 

Compact. The BISHOP INDIAN TRIBAL COUNCIL may adopt standards of 

operation and management for Class I11 games that are no less 

stringent than, or not otherwise inconsistent with, a Compact. 

CHAPTER 6. NET REVENUES FOR AUTHORIZED PURPOSES 

Sec. 601. The net revenues from any games shall be 

exclusively devoted to the purposes authorized by the BISHOP 

INDIAN TRIBAL COUNCIL in conformance with Section 602 and Section 

603, below. 

Sec. 602. The net revenues are not to be used for purposes 

other than: (a) to fund tribal government operations or programs; 

(b) to provide for the general welfare of the Tribe and its 

members; (c) to promote tribal economic development; (d) to donate 

to charitable organizations; or, (e) to help fund operations of 

local government agencies. 

Sec. 603. Net revenues may be used to make per capita 

payments to members of the Tribe, as permitted under the IGRA. Per 

capita payments shall be made only pursuant to a plan established 

by a tribal resolution or ordinance passed or adopted by the 

BISHOP INDIAN TRIBAL COUNCIL, which resolution or ordinance shall 

be approved by the Secretary of the Interior as required under the 

IGRA. The interests of minors and other legally incompetent 

persons as defined under State law who are entitled to receive per 

capita payments will be protected and preserved as required by the 

IGRA . 

CHAPTER 7. PUBLIC SAFETY STANDARDS 

Sec. 701. The construction and maintenance of any Gaming 

Facilities, and the Gaming Operations, shall be conducted in a 

manner which adequately protects the environment and the public 

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health and safetk and for that purpose shall comply with the 

requirements of the Compact and all applicable health, safety and 

environmental standards enacted by the BISHOP INDIAN TRIBAL 

COUNCIL. 

Sec. 702. Notwithstanding the provisions of Sec. 701 hereof, 

to the extent that compliance with the requirements of Sec. 701 

shall require physical alterations in the Tribe's Gaming 

Facilities existing on the effective date of the Compact, such 

existing Gaming Facilities shall be exempt from the requirements 

of Sec. 701 for a period of time, as determined by the BISHOP 

INDIAN TRIBAL COUNCIL, during which time such existing Gaming 

Facilities shall be brought into compliance with such 

requirements. 

CHAPTER 8. BISHOP PAIUTE GAMING COMMISSION 

Sec. 801. Establishment of Commission. 

There shall be established a Bishop Paiute Gaming 

Commission consisting of Five Commissioners 

appointed by the BISHOP INDIAN TRIBAL COUNCIL in 

the manner hereinafter described. Until such time 

as the Commission is established or in the absence 

of a duly constituted Commission, the Commission 

shall be the BISHOP INDIAN TRIBAL COUNCIL. 

Each Commissioner shall be appointed by 4 out of 

5 of the BISHOP INDIAN TRIBAL COUNCIL acting at a 

duly convened meeting. The BISHOP INDIAN TRIBAL 

COUNCIL shall publicly notify members of the Tribe 

of any vacancies on the Commission. The BISHOP 

INDIAN TRIBAL COUNCIL shall establish such 

application procedures as it deems appropriate for 

members of the Tribe interested in serving on the 

Commission including verification of application. 
Sec. 802. Qualifications. In order to qualify for appointment 

to the Commission, an applicant must satisfy all of the following 

requirements: 

Be a member of the Tribe. 

Be age 21 or older. 

Have at least a high school diploma, California 

High School Proficiency or GED equivalent 

education and have knowledge of or experience in 

the gaming industry. 

Have no prior record of conviction of, or entry 

of a plea of guilty or no contest to, any of the 

following in any tribal, county, state or federal 

court, unless he or she has been pardoned: 

(i) A felony. 

(ii) Fraud or misrepresentation in any 

connection leading to conviction, judgment, 

or plea of no lo contendre. 

(iii) A violation of any provision of any state 

gaming regs., any rule promulgated by the 

Lottery Board, California Horse Racing Board 

or other appropriate state regulatory body 

of any state, or this Ordinance or any other 

ordinance of the Tribe regulating or 

prohibiting gaming. 

Not be serving on the BISHOP INDIAN TRIBAL COUNCIL 

or any elected or appointed committees of the 

Tribe at the time of his or her appointment to, or 

during his or her term of office on, the 

Commission. 

Not be a Relative of any member of the BISHOP 

INDIAN TRIBAL COUNCIL at time of appointment. 

Not be employed by any Gaming Operations. 
(h) ~ot bea Primary Management Official or Owner or 

Controlling Person with respect to any Management 

Contract. 

Sec. 803. Term. The Commissioners each shall serve for a term 

of four years commencing on the first of the month of their 

appointment; provided, that three of the initial Commissioners 

appointed shall be designated by the BISHOP INDIAN TRIBAL COUNCIL 

to serve for an initial term of four years and two of the initial 

Commissioners appointed shall be designated by the BISHOP INDIAN 

TRIBAL COUNCIL to serve for an initial term of three years, based 

on a drawing of lots by the BISHOP INDIAN TRIBAL COUNCIL. 

Sec. 804. Ouorum. Any four of the Commissioners present at a 

meeting duly called shall constitute a quorum. 

Sec. 805. Com~ensation. Commissioners shall serve on a 

part-time basis. Commissioners shall be paid the necessary travel 

expenses to meetings duly called under this ordinance at 

prevailing Tribal rates, a daily stipend, and any pre-authorized 

expenses by the BISHOP INDIAN TRIBAL COUNCIL. 

Sec. 806. Removal. Any Commissioner may be removed by an 

affirmative vote of 4 out of 5 of the members of the BISHOP INDIAN 

TRIBAL COUNCIL acting at a meeting. Such removal shall only be for 

cause, including malfeasance, neglect of duty, unexcused failure 

to attend three successive meetings of the Commission, failure to 

continue to meet the qualifications for appointment to the 

Commission. Any Commissioner being considered for removal shall be 

provided with notice in writing stating the grounds for removal, 

and he or she shall have 30 days to provide an explanation to the 

BISHOP INDIAN TRIBAL COUNCIL in person or in writing, which 

explanation shall be considered by the BISHOP INDIAN TRIBAL 

COUNCIL in voting on the removal question. All removal questions 

shall be considered by the BISHOP INDIAN TRIBAL COUNCIL at or 

after the end of the 30-day notice period at which the 

Commissioner and his or her attorney shall have the right to be 

present. All BISHOP INDIAN TRIBAL COUNCIL determinations to 

remove a Commissioner shall be final. 

Sec. 807. Vacancies. A vacancy on the Commission through 

death, written or declared resignation, or removal from office 

shall be filled by appointment by the BISHOP INDIAN TRIBAL COUNCIL 

within 30 days to complete the unexpired term. 

12 
Sec. 808. Powers and duties of Commission. The Commission 

shall have the following powers and duties: 

The Commission shall have primary responsibility 

for developing policies, guidelines and regulations 

for Class I1 and Class I11 gaming on the Tribe's 

Lands, including any amendments to this Ordinance, 

and for recommending to the BISHOP INDIAN TRIBAL 

COUNCIL for adoption. 

The Commission shall monitor all Class I1 and Class 

I11 gaming on the Tribe's Lands and all monthly 

reports and annual audits of such activities to 

insure that such activities conform to the 

provisions of this Ordinance and other applicable 

laws. 

Except as otherwise provided, the Commission shall 

issue and deny gaming licenses in accordance with 

Chapter 9 of this Ordinance. 

The Commission shall investigate all alleged 

violations of this Ordinance and recommend actions 

to the BISHOP INDIAN TRIBAL COUNCIL. 

The Commission may recommend to the BISHOP INDIAN 

TRIBAL COUNCIL penalties for violations of this 

Ordinance in accordance with Chapter 14 of this 

Ordinance and any other actions to enforce the 

provisions of this Ordinance or to enjoin or 

otherwise prevent any violation of this Ordinance 

or other laws relating to gaming on the Tribe's 

Lands. 

The Commission shall prepare and recommend an 

annual budget for the purpose of allocating funds 

to the Commission for its necessary activities and 

expenses, which must be approved by the Tribal 

Council. The Commission may in accordance with 

any approved budget employ such staff from time to 

time as it deems necessary to fulfill its 

responsibilities under this Ordinance, and may 

retain legal counsel and other professional 

13 
services including investigative services to 

assist the Commission with respect to any of the 

issues over which the Commission exercises 

jurisdiction. 

In addition to any procedures required under the 

Tribe's property and procurement manual or other 

policies, all contract or non-contract purchases 

relating to gaming in the amount of $25,000 or 

more shall be subject to approval by the BISHOP 

INDIAN TRIBAL COUNCIL upon the recommendation of 

the Commission. 

Dispute Resolution 

Whenever a patron of the gaming facility disputes 

the resolution of a conflict by the Manager of the gaming facility 

or its employee (s ) , whether such dispute concerns payment of 

alleged winnings to a patron or other matters, and the Manager and 

the patron are unable to resolve the dispute to the satisfaction 

of the patron, Manager shall inform the patron of his or her right 

to request that the Bishop Paiute Gaming Corp. conduct an 

investigation. The Bishop Paiute Gaming Corp. shall conduct 

whatever investigation it shall deem necessary and shall de tennine 

what resolution of the dispute shall be made. 

(b) Notice To Patrons. Within thirty(30) days after 

the date that the Bishop Paiute Gaming Corpora tion first receives 

notification from the Manager or representative or a request to 

conduct an investigation from the patron, the Bishop Paiute Gaming 

Corpora tion shall mail wri t ten notice by certified mail, re turn 

receipt requested, to the patron setting forth the decision 

resolving the dispute. 

(c) Within thirty(30) days after the date of receipt 

of the written decision, the aggrieved party may file a petition 

with the Bishop Paiute Gaming Commission requesting a review of 

the decision. The Bishop Paiute Gaming commission may set a 

hearing on the matter or may make decision based solely upon the 

corporation's decision and other documentation provided to it by 

the patron and the corporation. The Bishop Paiute Gaming 

Commission shall then issue a written decision and mail it to the 

parties pursuant to the procedures set forth above. The decision 

of the Bishop Paiute Gaming Commission shall be final and binding 

14 
upon the patron and Manager and all not be subject to judicial 

review or to other legal action in federal, state or tribal court. 

(i) The Commission shall have such other powers as 

are delegated to it from time to time by the BISHOP 

INDIAN TRIBAL COUNCIL. 

Sec. 809. Procedures of the Commission. 

(a Meetinas. All meetings of the Commission (except 

executive sessions) shall be open to all members of 

the Tribe. Balloting at all sessions shall be as 

the presiding officer shall direct. The Commission 

may, upon motion duly passed, go into executive 

session. At such sessions all persons shall be 

excluded from the meeting chamber, and any persons 

whose presence shall be required before the 

Commission shall be designated by the presiding 

officer, and no other persons shall be allowed to 

be present other than the Commissioners. 

(b) Bylaws. The Bylaws appended hereto as Exhibit A 

shall be the initial bylaws governing the 

operations of the Commission. Subject to any 

limitations set forth in this Ordinance, such 

Bylaws may be amended by the Commission at any 

time, but amendments shall not be effective until 

approved by the BISHOP INDIAN TRIBAL COUNCIL. 

CHAPTER 9. LICENSING PROCEDURES 

Sec. 901. Tribal License Reauired/Em~lovment. The following 

persons must obtain tribal licenses under the procedures of this 

Chapter 9, as a condition to employment in any Gaming Operation on 

the Tribe's Lands: any party to a Management Contract with the 

Tribe, and any Primary Management Officials and Key Employees. The 

tribal licensing requirements are in addition to any state 

licenses required under the Compact. 

Sec. 902. Standard for License/Gamina O~eration. Licenses 

issued hereunder shall be issued according to requirements that 

are at least as stringent as those set forth in regulations 

promulgated by the NIGC in parts 556 and 558 of chapter 25 of the 

15 
Code of Federal Regulations, including any amendments thereto. A 

separate license !shall be required for each place, facility, or 

location on the Tribe's Lands at which any gaming is or will be 

conducted under this ordinance. 

Sec. 903. Ap~lication for License. 

(a) No License shall be issued under this Chapter 

except upon a sworn Application filed with the 

Commission, in such form as may be prescribed by 

the Commission, containing a full and complete 

showing, at a minimum, of the following: 

(i) Satisfactory proof that the Applicant is of 

good character and reputation, and is 

financially responsible. 

(ii) A description of the premises at which the 

games are to be conducted, with proof of the 

contractual or other basis upon which the 

Applicant shall conduct games, or be 

employed, at such premises. 

(iii) Agreement by the Applicant to accept and 

abide by all conditions of the license as 

provided in this Ordinance. 

(iv) Satisfactory proof that neither the 

Applicant, nor any Owner or Controlling 

Person of any Applicant which is a party to 

a Management Contract, nor any of the 

Applicant's employees has in any jurisdiction 

ever been convicted of, or entered a plea of 

guilty or no contest to, any of the 

following, unless the person has been 

pardoned : 

a. Afelony. 

b. Fraud or misrepresentation in any 

connection leading to conviction, 

judgment, or plea of no lo contendre. 
c. A violation of any provision of the 

California state gaming regs., any rule 

promulgated by the Lottery Board, 

California Horse Racing Board or other 

appropriate state regulatory body of any 

state, or this Ordinance or any other 

ordinance of the Tribe regulating or 

prohibiting gaming. 

(v) That the Applicant has fulfilled all 

applicable requirements of IGRA and the 

Compact. 

(b) No License shall be issued to any Applicant who has 

been determined by the BISHOP INDIAN TRIBAL COUNCIL or the 

Commission to be a person whose prior activities, criminal 

record, if any, or reputation, habits and associations pose 

a threat to the public interest or to the effective 

regulation and control of gaming, or create or enhance the 

dangers of unsuitable, unfair, or illegal practices, methods, 

or activities in the operation of gaming or the carrying on 

of the business and financial arrangements incidental 

thereto. 

(c) The issuance of licenses hereunder also shall be 

subject to the provisions of Chapter 10 regarding background 

investigations. 

Sec. 904. potice and Hearinff on Atmlication far License. 

After an Application has been filed with the Commission, the 

Commission shall post notice of the Application in a prominent 

place at the Tribal Office bulletin board for at least 15 days 

prior to consideration by the Commission and shall publish the 

notice during the period at least once in a tribal newspaper, or 

if a tribal paper is not in publication, in such other local 

newspaper serving the community that may be affected by the 

license as authorized by the Commission. The notice shall state 

the date, time and place when the Application shall be considered 

by the Commission which shall be within 30 days. Applications 

shall be considered by the Commission in open session at which the 

Applicant, his or her or its attorney and any person protesting 

the Application shall have the right to be present. 
Sec. 905. Authoritv to Issue License. Any license granted by 

the Commission requires a 4 out of 5 vote for approval and shall 

be effective upon the date of grant, which effectiveness shall be 

provisional as set forth in Sec. 908 pending the satisfactory 

completion of all background investigations and pending expiration 

of the 30-day period for review by the NIGC provided for in 

regulations issued by the NIGC in part 558 of chapter 25 of the 

Code of Federal Regulations, including any amendments thereto; 

provided, however, that the Commission must provide written notice 

to the BISHOP INDIAN TRIBAL COUNCIL of the granting of any 

licenses, and the BISHOP INDIAN TRIBAL COUNCIL shall have the 

power to overturn the granting of any license by action within 30 

days after receipt of such notice. If overturned by the BISHOP 

INDIAN TRIBAL COUNCIL, a license issued by the Commission shall 

have no force or effect. 

Sec. 906. Awweal of Denial of License. The Applicant may 

appeal to the BISHOP INDIAN TRIBAL COUNCIL from any denial of a 

license by the Commission by mailing certified written notice of 

appeal to the BISHOP INDIAN TRIBAL COUNCIL within 15 days after 

the date of denial. The denial will be final if no appeal is 

received within the 15-day period. Appeals shall be heard by the 

BISHOP INDIAN TRIBAL COUNCIL under the same open hearing procedure 

set forth in Sec. 904 established for the Commission. 

Sec. 907. Finality of BISHOP INDIAN TRIBAL COUNCIL 

Determinations. All BISHOP INDIAN TRIBAL COUNCIL determinations 

require a 4 out of 5 vote to overturn a licensing decision and 

shall be final. 

Sec. 908. Effectiveness of License. Any license granted 

hereunder shall be effective on a provisional basis pending the 

satisfactory completion of all background investigations required 

under this Ordinance, the IGRA, and the Compact, and pending 

expiration of the 30-day period for review by the NIGC provided 

for in regulations promulgated by the NIGC in part 558 of chapter 

25 of the Code of Federal Regulations, including any amendments 

thereto, if applicable. Upon the satisfactory completion of all 

required background investigations and such review by the NIGC, 

such license shall continue to be effective until it expires 

unless otherwise suspended or revoked. If background 

investigations or NIGC review are not satisfactorily completed, a 

provisional license shall have no further force or effect. 
Sec. 909. Term of License: License Feeq. 

(a) Licenses shall be for a term of one year. 

(b) In order to recover the costs to the Tribe of 

complying with the federal, tribal, and state 

regulatory processes applicable to Class I1 and 

Class I11 gaming, annual license fees shall be 

imposed as follows: 

(i) License fees shall be imposed on each party 

to a Management Contract with the Tribe in 

accordance with a fee schedule to be 

established by the Commission. 

(ii) License fees shall be imposed on any other 

person required to obtain a tribal license 

in accordance with a fee schedule to be 

established by the Commission. 

(iii) In addition to the license fees imposed 

pursuant to Section 909 (b) (i) and (ii) , the 

Commission may in its discretion impose such 

fees on licensed persons as are reasonably 

related to costs of enforcement which will 

in the aggregate be sufficient to enable the 

Commission to recover its reasonable costs 

of enforcing this Ordinance. 

Sec. 910. Other Conditions of License. Any licensee issued a 

license under this chapter shall comply with such reasonable 

conditions as may be fixed by the Commission, including but not 

limited to the 

(a) 

following conditions: 

The licensee shall at all times maintain an 

orderly, clean and neat establishment, both inside 

and outside the licensed Premises. 

The Licensed Premises shall be subject to patrol 

by the tribal security force and contracted local 

law enforcement and the licensee shall work with 

such security officers at all times. 
(c) The Licensed Premises shall be open to inspection 

by duly authorized tribal officials at all times 

during the regular business hours. 

(d) There shall be no discrimination in the 

operations under the license by reason of race, 

color or creed; provided, however, that nothing 

herein shall prevent the licensee from granting 

preferences to Indians as permitted by law. 

Sec. 911. Peauired Notifications. The Commission shall 

promptly notify the NIGC or other appropriate federal regulatory 

body and the Lottery Board or other appropriate state regulatory 

body of the issuance of Tribal licenses, as required under IGRA 

and the Compact. 

Sec. 912. Cancellation or Sus~ension. The licensee and his or 

her or its employees shall be legally responsible for any 

violation of the Ordinance or the license. Any license issued 

hereunder may be canceled or suspended by the Commission for the 

breach of any of the provisions of this Ordinance or of the 

license. A hearing will be held before the Commission, after 10 

days1 certified written notice of the claimed breach to the 

licensee. The time and place of the hearing shall be posted in the 

Tribe's office, and if time permits, in a tribal or local 

newspaper serving the community that may be affected by the 

license. The licensee, his or her or its attorney and any person 

affected by the license shall have the right to be present and to 

offer sworn oral or documentary evidence relevant to the breach 

charged. 

A license may be suspended during such 10-day period by an 

affirmative vote of 4 out of 5 of the Commission; provided, 

however, that a license shall be suspended during such period as 

required under the IGRA if the cancellation hearing arises as a 

result of notice from the NIGC under regulations. All decisions 

of the Commission regarding cancellations of licenses shall be 

appealable to BISHOP INDIAN TRIBAL COUNCIL, who shall hold hearing 

within ten days following receipt of request for appeal, which 

must be received within 15 days following the Commission's 

decision. The decision of the BISHOP INDIAN TRIBAL COUNCIL by a 

vote of 4 out of 5 will be final. No gaming shall be conducted by 

any licensee during the 10-day suspension period or after 

cancellation. 

20 
In the event that any particular license has a provision 

dealing with whether or not gaming may be conducted during the 10- 

day suspension period that provision will prevail as long as that 

provision is not in violation of and IGRA Regulation. 

Sec. 913. Notice of Licensina Actions. The Commission and the 

BISHOP INDIAN TRIBAL COUNCIL shall post and publish notices of all 

actions taken in regard to licenses and license applications under 

the same posting and publication procedures prescribed in Sec. 

903 (a) (v) . 

Sec. 914. Provisional Employment Pendina Issuance of License 

and Durina Provisional License Period. Primary Management 

Officials and Key Employees may be employed in the Gaming 

Operations on the Tribe's Lands prior to the issuance of a license 

hereunder and during the period that a license shall be effective 

on a provisional basis as provided in Sec. 908, but such 

employment shall be provisional only and subject to the 

requirements of this Sec. 914. Employment may begin prior to 

issuance of a license only if the Commission or such other Tribal 

agency or official as may be authorized by the BISHOP INDIAN 

TRIBAL COUNCIL has made a preliminary finding of eligibility for 

employment in the Gaming Operations, which shall require a 

preliminary determination that the Primary Management Official or 

Key Employee is not a person whose prior activities, criminal 

record, if any, or reputation, habits and associations pose a 

threat to the public interest or to the effective regulation and 

control of gaming, or create or enhance the dangers of unsuitable, 

unfair, or illegal practices, methods, or activities in the 

operation of gaming or the carrying on of the business and 

financial arrangements incidental thereto. 

Preliminary employment must be terminated upon the occurrence 

of any of the following: (a) denial of a license by the Commission 

or the BISHOP INDIAN TRIBAL COUNCIL; (b) unsatisfactory completion 

of background investigations or NIGC review resulting in 

nullification of a provisional license, as described in Sec. 908; 

or (c) to the extent required under regulations promulgated by the 

NIGC in part 558 of chapter 25 of the Code of Federal Regulations, 

including any amendments thereto, at the end of 90 days after the 

starting date of provisional employment, if at the end of such 

period no license has been issued hereunder or if a license issued 

hereunder remains effective only on a provisional basis, as 

21 
provided in Sec. 908; provided, however that provisional employees 

terminated for the reason described in subclause (c) shall be 

qualified for reemployment upon the satisfactory completion of 

background investigations and NIGC review. 

CHAPTER 10. BACKGROUND INVESTIGATIONS 

Sec. 1001. Rewired Backaround Investiaations. The Commission 

shall conduct background investigations of the following persons: 

(a) All Primary Management Officials, Key Employees, 

Owners and Controlling Persons; and 

(b) Such additional persons as required under the 

IGRA, the Compact or in the discretion of the 

Commission. 

Sec. 1002. Standards for Background Investiaations. All 

background investigations shall be conducted to ensure that the 

Tribe in its Gaming Operations shall not employ or contract with 

persons whose prior activities, or reputation, habits and 

associations pose a threat to the public interest or to the 

effective regulation of gaming conducted under this Ordinance, or 

create or enhance the dangers of unsuitable, unfair or illegal 

practices and methods and activities in the conduct of such 

gaming. Such investigations shall be conducted according to 

requirements that are at least as stringent as those set forth in 

regulations promulgated by the NIGC in parts 556 and 558 of 

chapter 25 of the Code of Federal Regulations, including any 

amendments thereto. In the case of investigations of Primary 

Management Officials and Key Employees, the Commission shall 

prepare the report required to be prepared and submitted to the 

NIGC under regulations promulgated by the NIGC in part 558 of 

chapter 25 of the Code of Federal Regulations, including any 

amendments thereto, which report shall contain the eligibility 

determination described in such regulations. All background 

investigations also shall otherwise meet the standards of such 

investigations imposed under the IGRA and/or the Compact and shall 

be updated as required under the IGRA and/or the Compact, as 

applicable. Nothing herein shall prevent the Commission from 

conducting more comprehensive background investigations than those 

required under the IGRA or the Compact. 
Sec. 1003. Backuround Information on 5 Percent Shareholders. 

In addition to the background investigations which are required 

under the foregoing provisions, the Commission shall collect from 

each shareholder who holds (directly or indirectly) at least 5 

percent but less than 10 percent of the issued and outstanding 

stock of a corporation which is a party to a Management Contract, 

such background information as is customarily submitted by those 

individuals who are subject to a background investigation. The 

Commission may, in its discretion, conduct background 

investigations of such individuals, but such investigations are 

not required. 

Sec. 1004. Rewired No tifications and R ecord Kee~lng. As 

appropriate, the Commission shall promptly notify the NIGC or 

other appropriate federal and/or state regulatory bodies of 

information obtained in the course of any background investigation 

as required under the IGRA and the Compact. In the case of 

investigations of Primary Management Officials and Key Employees, 

the Commission shall prepare the report required to be prepared 

and submitted to the NIGC under regulations promulgated by the 

NIGC in part 558 of chapter 25 of the Code of Federal Regulations, 

including any amendments thereto, which report shall contain the 

eligibility determination described in such regulations. The 

Commission also shall comply with all record-keeping requirements 

with regard to such investigations as are set forth in the IGRA 

and the Compact. 

Sec. 1005. Procedures for Backcrround and Criminal His tom 

aa tions of Re-v Em~lo-vees and Primarv Manaaemen t Officials. 

The major areas of focus in a background investigation shall 

include criminal his tory information, personal character 

information, financial history information, and gaming 

experience. 

Inves tiaa tive procedures 

As an initial step, information on each applicant shall be 

obtained through the application process. An application for 

employment must include, at a minimum, the informa tion contained 

in 25 C.F.R. S. 556.1, 556.2, 556.3, and 556.4. Each background 

investigation should begin with an initial verification of the 

information contained in the application. 
To relieve some ' of the burden from the Bishop Paiute Gaming 

Commission, applicants will be required to provide as much 

documentation as possible to verify the information contained in 

their application. For example, to aid in an investigation, an 

applicant may be required to provide copies of certain documents 

such as his/her birth certificate, social security card, or 

drivers license. Information may also be verified by letter, 

telephone call or personal visit. Also, to ensure easier access 

to information as much information as possible will be gathered 

through the use of public records. 

For access to information that is not generally available though 

the public record, a Release Form will be signed by an applicant. 

A copy of the form is included as Attachment 1. A properly 

executed Release Form will usually allow access to personal files 

and information not readily available to the general public. This 

Release Form, if worded correctly, may also provide protection 

from legal repercussions to the requester and the entity from 

which information is requested. 

The following identifies the information in an application that 

should be verified or subjected to additional investigative 

procedures. This list a1 so includes some recommendations for 

verifying the information: 

(i) Verify the applicant's name, place of birth, date of birth, 

and citizenship by requiring the applicant to provide i tems such 

as a birth certificate, social security card, or passport. 

(ii ) Confirm the applicant's business and employment positions 

held and ownership interests in those businesses currently and 

for the past 5 years by attempting to contact through written 

letter, telephone calls or personal visits to past employers 

listed in the application and through ownership documentation 

such as copies of partnership agreements, stock certificates, or 

IRS tax returns. 

(iii) Obtain the applicant's driving record by using the 

applicant 's driver Is license number to contact the Department of 

Motor Vehicle in the state where the license is issued. 

(iv) Ascertain character informa tion about the applicant by 

contacting the personal references identified in the application. 

(v) Inquire in to any existing or previous business rela tionships 

the applicant has had with Indian tribes, including the scope of 

those relationships, by contacting those tribes identified in the 

application. Also, the investigator should contact other state 

and federal entities that have contact with Indian tribes to 

obtain other information available. 
(vi) Gather information about any existing or previous business 

relationships the applicant has had in the gaming industry, 

including the scope of those rela tionships, by contacting those 

enti ties identified in the application. Also, when appropriate, 

the investigator should contact other state gaming agencies or 

the NIGC to obtain other information available. 

(vii) Verify the applicant's history and status with any 

licensing agency identified by the applicant with which the 

applicant has applied for an occupational license or permit by 

contacting those agencies. 

(viii ) Obtain information regarding any past felonies, 

misdemeanor convictions, or criminal charges within the last 10 

years by contacting state, city, county and tribal courts, and 

state, local, and tribal police departments in the applicant Is 

areas of residence. The NIGC recommends obtaining as much 

information as possible through public court records. Also, a 

tribe may require an applicant to submit any court documents 

pertaining to the applicant Is civil or criminal his tory. 

(ix) Obtain and verify any other information the tribe deems 

re1 evan t to complete a thorough background investigation. This 

may include the use of a credit reporting agency. 

Once a tribe has satisfied itself as to the accuracy of the 

information contained in the application, the information should 

be analyzed. If questions arise as information is obtained about 

an applicant Is criminal activities, financial problems, or 

character deficiencies, the investigator should probe further 

into the applicant Is background and either broaden the scope of 

the investigation or focus in more detail on a potential problem 

area. It is during this analysis phase that the depth of 

background investigations will vary considerably. The adequacy of 

each background investigation will depend on the detailed 

analysis of the informa tion obtained through the investigative 

process. 

Inves ticra tive sources 

The foll owing organizations may have informa tion regarding 

applicants. Some may require that a tribe enter into a memorandum 

of understanding or have law enforcement status before certain 

information not otherwise available is shared. 

FEDERAL AGENCIES 

Department of the Interior (BIA, Inspector General) 

National Indian Gaming Commission 

U.S. District and Appellate Courts-civil/criminal/bankruptcy 

U.S. Attorneys 

25 
STATE AGENCIES AND ORGANIZATIONS 

State Gaming Boards and Commissions Department of Public Safety 

Department of Motor Vehicles Secretary of State - Corporations 

Divisions State Bar Associa tions/Accountancy Boards/ Contractor 

Boards/Other state licensing agencies State Crime Commissions 

State Courts-civil and criminal 

COUNTY/CITY AGENCIES AND ORGANIZATIONS 

County Courts - civil/criminal 

County Licensing Departments 

Recorder of Deeds/Assessorfs Office/ Treasurer's Office 

County Sheriff Is Office 

County Police Department 

Chamber of Commerce 

Better Business Bureau 

Before issuing a license to a primary management official or a 

key employee, tribes are required to forward to the NSGC 

investigative reports on each background investigation conducted. 

Each investigative report must include the foll owing: 

(1) A description of the steps taken in conducting the background 

investigation. The steps may, for example, be provided by: 

(a) a step by step recitation of the work done; or (b) a 

checklist or program with an indication of procedures completed. 

(2) An explanation of the results obtained. This may be supplied 

by listing any exceptions, areas of concern, or negative 

information obtained in the course of the investigation. 

(3) A statement as to the conclusions reached. mere no 

exception, area of concern or negative informa tion was obtained, 

the report should so state. Where exceptions, areas of concern or 

negative information was obtained, the conclusions as to each 

should be provided. 

(4) The bases or justifications for each of the conclusions. 

Attachment 2 is a sample investigative report which the NIGC 

believes sufficiently meets the requirements of 25 C. F. R. 556.5. 

The report is included mere1 y for informational purposes. 
The Bishop Paiute Gaming Commission must review a person Is prior 

activities, criminal record, if any, and reputation, habits and 

associations to make a finding concerning the eligibility for 

employment in the gaming operation. If the BPGC, in applying the 

standards adopted in a tribal ordinance, determines that 

employment poses a threat to the public interest or to the 

effective regulation of gaming, or enhances the dangers of 

unsuitable, unfair, or illegal practices and methods in the 

conduct of gaming, a management contractor or a tribal gaming 

operation shall not employ that person in a key employee or 

primary management official posi tion. 

Use of Investiuative Work 

The BPGC shall use the investigative report as the basis for 

reviewing a person Is prior activities, criminal record, if any, 

and reputation, habits and associations to make a finding 

concerning the eligibility of a key employee or a primary 

management official for employment in a gaming operation. The 

authorized tribal official should pay particular attention to: 

1) The truthfulness of the applicant's answers to questions 

asked; 

2) The applicants criminal record, if any; 

3) Any conflicting or additional information; and 

4) Mi tigating circumstances cited by the investigator. 

A sample suitability determination is included as Attachment 3. 

LICENSING 

Upon completion of a background investigation and a determination 

of eligibility (suitability) for employment in a gaming 

operation, BPGC must forward an investigative report and 

suitability determination to the NIGC within 60 days after an 

employee begins work. The NIGC Chairman may, during the ensuing 

30 days, request additional information from a tribe concerning a 

key employee or primary management official who is the subject of 

a report. Such a request suspends the 30 day period until the 

Chairman receives the additional informa tion. 

If the NIGC notifies BPGC that it has no objections to the 

issuance of a license to a particular applicant, the BPGC may 

27 
issue a license to such applicant. If the NIGC provides the tribe 

with a statement itemizing objections to the issuance of a 

license to a particular applicant, the BPGC must reconsider the 

application, taking into account the objections itemized by the 

NIGC. The BPGC, however, makes the final decision whether to 

issue a license to such applicant. 

Sec. 1006. Fin~er~rin t checks 

The law enforcement agency that will take the fingerprints of 

applicants for key employee and primary management of fi cia1 

positions will be the City of Bishop Police Department, City of 

Bishop, CA. 

The Bishop Paiute Gaming Commission hereby elects to use the NIGC 

to process fingerprint cards through the FBI. 

In order to process fingerprints through the NIGC, the BPGC shall 

execute a memorandum of understanding with the NIGC as shown in 

Attachment 4. The BPGC should also send a letter to the NIGC 

requesting the number of fingerprint cards needed by the tribe. 

Fingerprints processed through the NIGC must be taken on 

fingerprint cards bearing NIGC1s ORI number. If the NIGC is 

responsible for processing the fingerprints, printed cards must 

be sent directly from the law enforcement agency that takes the 

fingerprints to the NIGC. 

CHAPTER 11. CONFLICTS OF INTEREST PROHIBITED 

Sec. 1101. No member of the BISHOP INDIAN TRIBAL COUNCIL or 

the Commission shall: 

Be employed by any Gaming Operations, be a Primary 

Management Official or Owner or Controlling Person 

with respect to any Management Contract, either 

while serving on the BISHOP INDIAN TRIBAL COUNCIL 

or the Commission or for a period of three months 

from the termination of service on the BISHOP 

INDIAN TRIBAL COUNCIL or the Commission. 

Participate in the approval, denial or renewal of 

any Application for a gaming license by, or 

participate in the revocation or suspension of any 

License granted hereunder to, any Relative of such 
member of the BISHOP INDIAN TRIBAL COUNCIL or the 

Commission. 

(c) Engage in any business, transaction or 

professional activity or incur any obligation of 

any nature which conflicts with the proper 

discharge of his or her official duties in 

administering this Ordinance; provided that a 

member of the BISHOP INDIAN TRIBAL COUNCIL who may 

engage in a conflicting activity or incur a 

conflicting obligation that is not otherwise 

disqualified under Sec. 1101(a) shall promptly 

disclose that activity or obligation to the BISHOP 

INDIAN TRIBAL COUNCIL and refrain from voting on 

any matter regarding such activity or obligation 

which may constitute a conflict. 

Sec. 1102. No party to a Management Contract, Owner or 

Controlling Person, Primary Management Official, or employee of 

the Tribe in any of its Gaming Operations shall: 

(a) Participate as a player in any Class I1 or Class 

I11 games conducted pursuant to this Ordinance, 

except that employees of the Tribe in any of its 

Gaming Operations may participate as a player at 

locations other than those at which they are 

employed. 

(b) Engage in any business transaction or professional 

activity or incur any obligation of any nature 

which conflicts with the proper performance of any 

Management Contract or employment duties, as the 

case may be. 

CHAPTER 12. ACCOUNTING, MONTHLY REPORTS AND ANNUAL AUDITS 

Sec. 1201. The BISHOP INDIAN TRIBAL COUNCIL shall maintain or 

contract for the maintenance of a permanent single entry or double 

entry bookkeeping system for the purpose of recording all receipts 

and expenditures in connection with the conduct of games and the 

disbursement of profits derived therefrom. Such bookkeeping system 

shall consist of a columnar book maintained on a calendar or 

29 
fiscal year basis. The use of a suitable computerized accounting 

system may substitute for a manual system of books. 

Printed copies of all information shall be in the possession of 

the Commission and the BISHOP INDIAN TRIBAL COUNCIL. As required 

under regulations promulgated by the NIGC in part 571 of chapter 

25 of the Code of Federal Regulations, including any amendments 

thereto, the permanent books of account or records shall include 

inventory records of gaming supplies and equipment and shall be 

sufficient to establish information including but not limited to 

the amount of gross and net income, deductions and expenses, and 

receipts and disbursements and shall be kept at all times 

available for inspection by the NIGC1s authorized representatives. 

Such books of account or records shall be retained permanently. 

Sec. 1202. No later than 15 days after the end of each month, 

the General Managers of each of the Gaming Operations shall 

prepare and submit to the Commission and the BISHOP INDIAN TRIBAL 

COUNCIL a comprehensive report for the month completed of the 

gaming operations for which such General Manager has overall 

responsibility. Monthly reports shall be made on a form prescribed 

by the BISHOP INDIAN TRIBAL COUNCIL. The General Manager shall 

retain a copy of the report for the permanent records of the 

Tribe. The report shall include, but not be limited to: 

(a) An itemized statement of the gross receipts. 

(b) An itemized statement of expenditures, including 

amounts paid for salaries and benefits, prizes, 

supplies and equipment, and other expenses. 

Sec. 1203. The monthly report shall be signed by the General 

Manager with overall responsibility for the operations. 

Sec. 1204. In compliance with 25 U.S.C. S 2710 (b) (2) (C) and 

(Dl, the Commission shall cause all Gaming Operations to be 

subject to an audit by independent certified public accountants 

conducted in accordance with generally accepted accounting 

principles, not less than annually, the results of which shall be 

submitted to the BISHOP INDIAN TRIBAL COUNCIL and the Commission, 

and copies of the annual audit shall be provided to the NIGC 

within 120 days after the end of the fiscal year. All gaming 

related contracts that result in purchases of supplies, equipment, 

services or concessions for more than $25,000 in any year (except 

30 
contracts for professional legal or accounting services) shall be 

specifically included within the scope of such audit. The 

Commission shall reconcile the Tribe's quarterly fee assessment 

reports made to the NIGC with the annual audit of the Gaming 

Operations and shall make such reconciliation available to the 

NIGC upon request. 

CHAPTER 13. MISCELLANEOUS PROVISIONS 

Sec. 1301. Piaht to Exclude Any Person from Premises at Anv 

Time. Any person may be excluded from the premises for good cause 

at any time at the discretion of any Primary Management Official, 

General Manager, or other Key Employee. 

Sec. 1302. Permissible Alcohol Beveraaeg. No person shall 

have in his or her possession any alcohol beverages on any 

Premises, except for such beverages as are purchased from the 

Tribe or its authorized agents for on-sale consumption in 

accordance with licensing and other requirements and laws of the 

Tribe. Possession and consumption of such beverages to be 

confined to such areas as are specifically defined by the BISHOP 

INDIAN TRIBAL COUNCIL. 

Sec. 1303. Prohibited Substances. No person shall have in his 

or her possession any substance prohibited by Tribal, federal or 

state laws while on any Premises. 

Sec. 1304. Persons Under the Influence of Alcohol or 

Prohibited Substances. No person under the influence of any 

alcohol beverage or prohibited substance (unless prescribed) shall 

be allowed on any Premises. 

Sec. 1305. Firearms. No person shall have in his or her 

possession any firearm on any Premises. This section shall not 

apply to on duty law enforcement officers or security personnel 

employed by the Tribe's gaming operation. Upon entry to any 

Gaming Operation, those carrying firearms shall register them at 

the cashier's office on a form prescribed for such purpose. 

Sec. 1306. Disorderly Conduct. No person shall engage in 

conduct which is violent, abusive, indecent, profane, boisterous, 

unreasonably loud, or otherwise disorderly under circumstances in 

which the conduct tends to cause or provide disturbance on any 

Premises. 

31 
Sec. 1307. Enforcement. Any person who violates any of the 

above subsections shall be asked to leave the Premises. If any 

person so requested to leave refuses to promptly leave the 

premises, any of the Tribe's authorized law enforcement officers 

or security personnel shall be called to escort such person from 

the Premises. 

Sec. 1308. Trans~ortation Providers. No person providing 

conveyance on Tribal Lands, or whose destination is Tribal Lands, 

shall conduct or permit to be conducted any Class I1 or Class I11 

games in such vehicle. 

Sec. 1309. Aaent for Service of Process. The agent for 

Service of Process shall be the Tribal Chairperson. 

CHAPTER 14. PENALTIES FOR VIOLATIONS 

Sec. 1401. Civil Penalties. Any person who violates any 

provision of this Ordinance, makes any material false or 

misleading statements or omissions in any Application filed with 

the Commission or Tribe or in connection with any matter provided 

for hereunder, or gives false testimony in any matter provided for 

hereunder before either the Commission or the BISHOP INDIAN TRIBAL 

COUNCIL shall be subject to civil penalties to be imposed by the 

BISHOP INDIAN TRIBAL COUNCIL, including suspension and/or 

cancellation of any license granted hereunder under the procedures 

set forth in Sec. 912, termination, suspension or exclusion from 

employment in any Gaming Operations or other employee discipline, 

exclusion from attendance at any Gaming Facilities, exclusion from 

the Tribe's Lands if not a member of the Tribe, and/or a fine of 

not more than $500 for each such violation. 

Sec. 1402. Amlicable Procedures Prior to Penalties Aaainst 

Manacrement Contractors. Owners or Controllina Persons. or Tribal 

or Manaaement Contractor Emwloyees. No penalty shall be imposed 

against a party to a Management Contract, an Owner or Controlling 

Person, or any employee of the Tribe or of a Management Contractor 

(other than the suspension or cancellation of any license granted 

hereunder, which are subject to the procedures set forth in Sec. 

912) except upon hearing before the Commission, after 10 days' 

notice of the claimed violation. The time and place of the hearing 

shall be posted in the Tribe's office, and if time permits, in a 

tribal or local newspaper serving the community that may be 

32 
affected by the penalty. The party against whom or which the 

penalty is proposed to be issued, his or her or its attorney and 

any person affected by the penalty shall have the right to be 

present and to offer sworn oral or documentary evidence relevant 

to the violation charged. All decisions of the Commission 

regarding penalties against Management Contractors, Owners or 

Controlling Persons, and employees of the Tribe or of a Management 

Contractor shall be appealable to the BISHOP INDIAN TRIBAL 

COUNCIL, who shall hold a hearing within 10 days of receipt of a 

request for same no later than ten days following the Commission's 

decision. The BISHOP INDIAN TRIBAL COUNCIL decision will be 

final . 

Sec. 1403. Atmlicable Procedures Prior to Im~osition of 

Fines. No fine shall be imposed against any person except upon 

hearing before the BISHOP INDIAN TRIBAL COUNCIL, after 10 days' 

notice of the claimed violation. The time and place of the hearing 

shall be posted in the Tribe's office. The party against whom or 

which the fine is proposed to be issued, his or her or its 

attorney and any person affected by the fine shall have the right 

to be present and to offer sworn oral or documentary evidence 

relevant to the violation charged. All decisions of the BISHOP 

INDIAN TRIBAL COUNCIL regarding fines shall be final. 

Sec. 1404. Notice of Penalties. The BISHOP INDIAN TRIBAL 

COUNCIL shall post and publish notices of all penalties imposed 

hereunder under the same posting and publication procedures 

prescribed in Sec. 904. 

CHAPTER 15. RESCINDING OF PRIOR ORDINANCES 

This ordinance rescinds and nullifies any prior ordinance dealing 

with the subject of gaming 

CHAPTER 16. EFFECTIVE DATE 

This Ordinance shall take effect upon its adoption by a 4 out 

of 5 vote of the BISHOP INDIAN TRIBAL COUNCIL at a duly convened 

meeting. /" 

Dated: February ne 15, 1995 

Certification: