REDDING RANCHER1A

TRiBAL OFFiCE

REDDINC RANCHERIA ORDINANCE

RE: To Amend and Adopt Gaming Ordinance #11-4-89-A

WHEREAS: The Redding Rancheria was restored and regained status as

a Federally recognized Rancheria on December 22, 1983,

rendered so by the Tulle Hardwick Decision, and;

WHEREAS: The Redding Rancheria Tribal Council is the elected

governing body of the Redding Rancheria and, hereinafter

referred as the ttTribe~I and;

WHEREAS: Under Article V(l) (j) of the Constitution of the Redding

Rancheria, the Tribal Council has the authority to

incorporate into the gaining ordinance adopted by the

General Membership the detailed procedures required by

the Commission. It is in the public interest and will

promote the general welfare of the Tribe to adopt a

gaming ordinance that includes detailed procedures for

investigation and licensing key employees and management

officials and resolving gaming disputes, and;

WHEREAS: The National Indian Gaining Commission, hereinafter

referred to as NIGC, has determined that our original

Gaming Ordinance does not meet requirements in 25 C.F.R.,

and;

WHEREAS: The Tribe is required to meet all the requirements in 25

C.F.R., have added the necessary language to the

Redding Rancheria Gaming Ordinance to meet the

requirements, and;

NOW THEREFORE BE IT RESOLVED THAT:

The Redding Rancheria Tribal Council adopts the Amendment

and change to the existing Gaming Ordinance as attached

here to this Ordinance.

Futher, Therefore Be It Resolved that:

This revised Gaming Ordinance be submitted to the

National Indian Gaming Commission for approval as

provided in the Laws and regulations.

r~~p

2000 1t~icheri~% Ro~~b ~CA 96001 (916) 241-1$41 ~. F~x (916) 241-1$79
REDtflNG RANCHERJA

TRiBAL OFFiCE

CERTIFICATIONS

The foregoing resolution was adopted by a vote of ________

for and

g~ against, and ~ abstentions at a duly called meeting of

the Redding Rancheria Tribal Council at which a quorum was present

on this 1(}~~~ day of ~o.~/i~b-1,L 1993.

Chairman

Brenda Coiner

Secretary

2000 R~ichen~~ Ro~~b Rcbbi~1S, CA 96001 (916) 241-1$71 F~~x (916) 241-1$79
ORDINANCE NO. ______________

ORDINANCE OF THE TRIBAL COUNCIL OF THE REDDING

RANCHERIA AMENDING GAMING ORDINANCE ADOPTED BY

THE GENERAL MEMBERSHIP

Findings

1. On December 30, 1989, the general membership of the

Redding Rancheria adopted the Redding Rancheria Gaming Ordinance

which provided generally for the licensing of key employees and

management officials working in a Tribal gaming facility;

2. On June 10, 1993, the National Indian Gaming Commission

(Commission) requested the Redding Rancheria to submit its gaming

ordinance to the Commission for its review. At the same time the

Redding Rancheria must provide the Commission with a detailed

description of the procedures it will use to investigate and

license key employees and management officials and a description of

the procedures the Rancheria has established for resolving disputes

between the gaming public and the Tribe or the management

contractor.

3. Under Article V(1)(j) of the Constitution of the Redding

Rancheria, the Tribal Council has the authority to incorporate into

the gaming ordinance adopted by the General Membership the detailed

procedures required by the Commission. It is in the public

interest and will promote the general welfare of the Tribe to adopt

a gaming ordinance that includes detailed procedures for

investigating and licensing key employees and management officials

and resolving gaming disputes.

NOW, THEREFORE, the Tribal Council of the Redding Rancheria

hereby ordains as follows:

Section 1. Purpose

The purpose of this Ordinance is to regulate all Class 2

gaming activity that occurs within the boundaries of the Redding

Rancheria.

Section 2. Definitions

a. Tribal Council means the governing body of the Redding

Rancheria as established by Article IV of the Constitution of the

Redding Rancheria, adopted on January 6, 1986.

b. Gaming means Class 2.

c. Class 1 Gaming means social games solely for prizes of

minimal value or traditional forms of Indian gaming as part of

Tribal ceremonies or celebrations.
d. Class 2 Gaming means:

(1) The games of chance known as bingo or lotto whether

or not electronic, computer, or other technological aids

are used in connection therewith, which are played for

prizes, including monetary prizes, with cards bearing

numbers or other designations, when objects, similarly

numbered or designated, are drawn or electronically

determined and the game is won by the first person

covering a previously designated arrangement of numbers

or designations on such cards;

(2) If played in the same location as bingo, pulltabs,

punch board, tip jars, instant bingo, and other games

similar to bingo;

(3) Nonbanking card games that are:

i. Explicitly authorized by the laws of the

State; or

ii. Not explicitly prohibited by the laws of the

State and played at any location in the State, but

only if such card games are played in conformity

with laws and regulations of the State regarding

hours or periods of operation of such card games or

limitations on wagers or pot sizes in such card

games;

(4) Class 2 gaming does not include baccarat, blackjack,

or electronic or electromechanical facsimiles of any game

of chance or slot machines of any kind.

e. Class III Gaming means all forms of gaming that are not

Class 1 gaming or Class 2 gaming.

f. Gaming facility means the Win River Casino Bingo

facility owned by the Tribe, or any other gaming activity conducted

in the building and using the fixtures and equipment comprising Win

River Casino Bingo or any other similar facility owned, operated or

licensed by the Tribe and located on the Redding Rancheria.

g. Key Employee means:

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

functions:

(a) Bingo Caller;

(b) Money Room Supervisor;

(C) Security Supervisor;

(d) Floor Supervisor/Manager;

(e) Custodian of Gaming Supplies or Cash;

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D.e.aber 1, 1993
(f) Card Table Supervisor/Manager;

(g) Pit Boss;

(h) Dealer;

(i) Croupier;

(j) Approver of Credit; or

(k) Custodian of gambling devices including

persons with access to cash and accounting

records within devices;

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

compensated persons in the gaming operation; or

(3) If not otherwise included, any other person employed

in the gaining facility whose total compensation is in

excess of $50,000 per year;

h. Primary Management Official means:

(1) The person having management responsibility for a

management contract; and

(2) Any person who has authority:

(a) To hire and fire employees;

(b) To set up working policy for the gaming

operation.

Section 3. Consistency

All provisions of this Ordinance shall be interpreted,

whenever possible, to be consistent with the Indian Gaming

Regulatory Act. (IGRA; 25 U.S.C. §27012721.)

Section 4. Objective

The objective of gaming activities on the Redding Rancheria is

to create employment and to generate income that promotes self

sufficiency, selfdetermination and the general well being of the

membership of the Redding Rancheria.

Section 5. Permissible use of net revenues

a. To provide per capita payments to Redding Rancheria

members;

b. To fund Rancheria government operations or programs;

c. To provide for the general welfare of the Redding

Rancheria and its members;

d. To promote Redding Rancheria economic development;

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D.c.mbez- 1, 1993
t

e. To donate to charitable organizations.

Section 6. Per Capita Payments

a. The Tribal Council shall prepare a financial plan to

allocate revenues to uses authorized under Section 5. The Tribal

Council may form an advisory committee consisting of Tribal Council

members and voting members of the Rancheria to make recommendations

regarding the financial plan.

The financial plan to allocate revenue must be approved by the

Redding Rancheria membership at a special general meeting at which

a majority of Redding Rancheria voting members in attendance accept

or reject the financial plan for the uses of the net revenues from

the gaming activities.

The financial plan is subject to approval by the Secretary of

the Interior.

b. All per capita payments made to Redding Rancheria members

are subject to federal taxation. The members will be notified of

such tax liability when payments are made.

Section 7. Proprietary interest

The Redding Rancheria shall have the sole proprietary interest

and responsibility for the conduct of all gaming activities.

It shall be unlawful for any person or corporation not

authorized by the Redding Rancheria to conduct gaming activities on

the Rancheria.

Section 8. Audits

The Tribal Council shall contract with a qualified Certified

Public Accountant (CPA) or firm of CPAs to conduct annual

independent audits of all Class 2 gaming. It will furnish a copy

of the audit to the Commission and also to any Redding Rancheria

member who requests a copy.

All contracts for services, supplies or concessions to gaming

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

(except contracts for professional legal or accounting services),

shall be subject annually to independent audit by a CPA or firm of

CPAs engaged by the Tribal Council.

Section 9. Construction and maintenance of gaining facility

a. The construction, maintenance and operation of the gaming

facility will be conducted in a manner which adequately protects

the environment, public health and safety.

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December 1, 1993
Section 10. Licenses for Key Employees and Primary Management

Officials

a. Licensing requirement The Tribe shall cause to be

licensed all key employees and primary management officials working

in a gaming facility. No person shall hold a position as a key

employee or management official for more than ninety (90) days

without having been issued a license under this Section.

b. Application forms

(1) All key employees and management officials employed

by the gaming facility on the effective date of this

Ordinance or seeking employment with or hired to work in

the gaming facility after the effective date of this

Ordinance must complete an application for a license

within thirty (30) days of the effective date of this

Ordinance or the date they submit an application for

employment, whichever is later.

(a) The Tribal Council may establish a standard

application form which will elicit all of the

information required by subsection c (1).

(b) The Tribal Council may establish a fee for the

cost of processing an application for employment

and/or a license which may include the cost of

processing fingerprints (including the Commissions

charges for processing fingerprints) and conducting

a background investigation.

(2) 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 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 Commission

members and staff who have 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

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D~ce~ber 1, 1993
investigations or prosecutions or when

pursuant to a requirement by a Tribe or

the 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 Tribes 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.

(3) Existing key employees and primary management

officials shall be notified in writing that they shall

either:

(a) Complete a new application form that contains

a Privacy Act notice; or

(b) Sign a statement that contains the Privacy Act

notice and consent to the routine uses described in

that notice.

(4) The following notice shall be placed on the

application form for a key employee or a primary official

before that form is filled out by an 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.)

(5) The Tribe shall notify in writing existing key

employees and primary management officials that they

shall either:

(a) Complete a new application form that contains

a notice regarding false statements; or

(b) Sign a statement that contains the notice

regarding false statements.

c. Background Investigations

g: \m\dr\ovd~93\r.dding1 .g~ 6 DeCe~b.z 1, 1993
(1) The Tribe shall request from each primary management

official and from each key employee all of the following

information:

a. 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:

business and employment positions held, ownership

interests in those businesses, business and

residence addresses, and drivers license numbers;

c. 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 (l)(b) of this Section;

d. Current business and residence telephone numbers;

e. A description of any existing and previous business

relationships with Indian Tribes, including

ownership interests in those businesses;

f. A description of any existing and previous business

relationships with the gaming industry generally,

including ownership interests in those businesses;

g. 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;

h. For each felony for which there is an ongoing

prosecution or a conviction, the charge, the name

and address of the court involved, the date and

disposition, if any;

i. 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 and disposition;

j. 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 (l)(h) or (l)(i) of this

8: \rm\dr\0rd893\z-eddjnqj .qam

Decs8bor 1, i993
section, the criminal charge, the name and address

of the court involved and the date and disposition.

k. 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;

1. A current photograph;

m. Any other information the Tribe deems relevant; and

n. Fingerprints consistent with procedures adopted by

the Tribe according to 25 C.F.R. §522.2(h).

(2) The Tribe shall conduct an investigation sufficient to

make a determination under subsection d 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.

(3) In conducting its investigation, the Tribe shall take the

following steps to process fingerprint cards of applicants for

employment in a gaming facility and for a license as a key

employee or management official.

a. The Tribal Chairperson shall execute the Memorandum

of Understanding (MOU) furnished by the

Commission governing the treatment of fingerprints.

b. The Tribe shall notify the Commission that the

Shasta County Sheriffs Department (Department)

will be taking the fingerprints for the Tribe and

shall notify the Commission of the currently

designated contact person at the Department. In

addition, the Tribe should indicate the number of

cards which the Commission should send to the

Tribe, making allowances for lost or damaged cards.

c. The Tribe shall provide the Commission with current

and periodically updated lists of individuals whose

fingerprint cards the Commission will be receiving

from the Department and shall pay the Commissions

established fees for processing the cards. The

lists should also contain the Social Security

Number and the date of birth of each listed

individual and the name of the law enforcement

agency/office taking the fingerprints.

d. Once fingerprints have been taken, the agency

taking the prints should forward the completed

cards directly to the Commission. The Commission

.: \rm\dr\ord*93\r.ddlnql .gam

Dsca~bev 1. ~993
will process only those cards received directly

from a law enforcement agency.

e. Upon receipt of the FBI report forwarded by the

Commission, the Tribe will complete the background

investigation.

d. Eligibility Determination

The Tribe shall review a personss prior activities, criminal

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

finding concerning the eligibility of a key employee or primary

management official for employment in a gaming facility. If the

Tribe determines that employment of the person poses a threat to

the public interest or to the effective regulation of gaining, or

creates or enhances dangers of unsuitable, unfair, or illegal

practices and methods and activities in the conduct of gaming, a

tribal gaming facility shall not employ that person in a key

employee or primary management official position, or issue a

license to that employee.

e. Report to the Commission

(1) Within sixty (60) days after an employee begins work for

the gaming facility or within sixty (60) days of the effective date

of this Ordinance, whichever is later, the Tribe shall prepare and

forward to the Commission 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.

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

eligibility determination made under subsection d of this section.

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

(a) Shall notify the Commission; and

(b) May forward copies of its eligibility determination

and investigative report (if any) to the Commission

for inclusion in the Indian Gaming Individuals

Records System.

(4) With respect to key employees and primary management

B:\r~\dr\OVd93\r~ddthq1~qa~ g December 1, 1993
officials, the Tribe shall retain applications for employment

and reports (if any) of background investigations for

inspection by the Chairman of the Commission or his or her

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

termination of employment.

f. Granting a Gaming License

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

receives a report, the Commission notifies the Tribe that it

has no objection to 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 Commission, the

Tribe may issue a license to such applicant.

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

information from the Chairman of the 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 f(l) of this section until the Chairman

of the Commission receives the additional information.

(3) If, within the (30) day period described above, the

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

Commission, the Tribe shall reconsider the application, taking

into account the objections itemized by the Commission. The

Tribe shall make the final decision whether to issue a license

to such applicant.

g. License Suspension

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

receives from the Commission reliable information indicating

that a key employee or a primary management official is not

eligible for employment under subsection d above, the Tribe

shall suspend such license and shall notify in writing the

licensee of the suspension and the proposed revocation.

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

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

hearing shall be conducted by the Tribal Council. The

licensee shall be given not less than ten (10) days prior

notice of the date, time and location of the hearing. The

licensee shall have the right to be represented at the

hearing. The technical rules of evidence shall not apply and

any evidence of the type relied upon by reasonable men in the

conduct of serious affairs may be considered by the Tribal

Council. The licensee may present testimony and other

5: \r~\dr\ord~93\reddinqt .gas

D.casb~r 1, 1993
evidence and may crossexamine any other witnesses testifying at the hearing. The Tribal Council shall base its decision

exclusively on the evidence presented at the hearing and may

uphold, modify or reverse the proposed revocation. The Tribal

Council shall issue a written decision and serve a copy on the

licensee.

Section 11. Enforcement and Public Safety

The Tribal Council shall adopt such additional rules and

regulations and take or authorize such enforcement actions as it

deems necessary to ensure full compliance with the provisions of

this Ordinance. The Tribal Council is hereby authorized to

cooperate with local, state and federal law enforcement officials

to the extent deemed necessary by the Tribal Council to ensure that

Class 2 gaming complies with all applicable laws and that persons

engaged in gaming do not commit any illegal acts that could

endanger persons or property.

Section 12. Public/Patron Disputes

If any customer or member of the general public has a dispute

with the manager of a gaming facility or the Tribe, it shall be

resolved using the following procedure.

Any gaming facility manager and the Tribe must endeavor to

resolve disputes at the lowest level of management possible. Toward

that end, any dispute involving gaming must be presented using a

multistep process.

Step 1 If a patron has a complaint involving the conduct of

a game or his or her treatment at the facility, he or she must

discuss the matter with the employee involved in the incident. The

employee must listen carefully and courteously to the patrons

complaint. All employees shall receive training in customer

relations. If the employee fails to resolve the complaint to the

customers satisfaction or lacks the authority to remedy the

complaint, he or she shall immediately contact his or her immediate

supervisor, if available, or the floor manager.

Step 2 If the supervisor or floor manager fails to resolve

the dispute to the customers satisfaction or lacks the authority to remedy the complaint, he or she shall refer the complaint to the

gaming facility manager. The supervisor or floor manager shall

also notify security. If a customer is referred to the gaming

facility manager, the gaming facility manager shall interview the

customer and, if necessary, the involved employee(s) and shall make

a decision within a reasonable time, not to exceed, five (5) days.

The manager shall obtain the customers name, address and telephone

number. The manager shall notify the customer that if he or she

remains dissatisfied, he or she can request in writing review by

the Tribal Gaming Representative (Representative) within seven

~: \r~\dr\ord~93\redding1 .qam

December 1, 1993

operation of any gaming facilities or activities.

Section 15. Scope and Licensing

Class 2 gaming is covered by the provisions of this Ordinance.

(1) A separate license for each gaming place, facility or

location on Redding Rancheria lands is required where Class 2

gaming is conducted, for any gaming facility in which the

Tribe does not have the sole proprietary interest.

(2) By amendment this ordinance may be made applicable to

Class 3 gaming, if the Tribe enters a compact with the State

of California authorizing Class 3 gaming on the reservation.

CERTIFICATION

We, the undersigned duly elected officials of the Redding

Rancheria, do hereby certify that the foregoing Ordinance was

adopted at a duly called meeting of the Tribal Council of the

Redding Rancheria with a quorum present by a vote of __________

for, against, abstaining and __________

absent.

REDDING RANCHERIA, CHAIRPERSON

REDDING RANCHERIA, SECRETARY

s:\rm\dr\ord~93\r.dding1.ga~ 13 D.ce~ber 1. 1993