OMMISSION 

JUL I I I994 

Albert S. Martin, Tribal chairman 

Tyme Maidu Tribe 

Berry Creek Rancheria 

1779 Mitchell Avenue 

Oroville, California 95966 

Dear Chairman Martin: 

This letter responds to your request to review and approve the 

tribal gaming ordinance adopted by the Tyme Maidu Tribe (the 

Tribe) on June 29, 1994. 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 NlIGC 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 on each background investigation before 

issuing a license to a key employee or primary management 

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

Thank you for submitting the ordinance of the Tyme Maidu 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, 

Anthony J. Hope 

Anthony J. Hope 

Chairman 
ORDINANCE NO. 94-01 

ORDINANCE OF THE GENERAL COUNCIL OF THE TYME 

MAIDU TRIBE OF THE BERRY CREEK RANCHERIA 

ADOPTING GAMING ORDINACE FOR THE RANCHERIA 

Findinss . 

1. The Tyme Maidu Tribe of the Berry Creek Rancheria 

("Tribe") is a federally recognized Indian Tribe, exercising 

jurisdiction over all lands owned by the Tribe or the United States 

for the benefit of the Tribe. 

2. The General Council of the Berry Creek Rancheria is the 

Rancheria's governing body. (Art. 111, § 1, Articles of 

Association, Berry Creek Rancheria.) 

3. Through the adoption of ordinances, the General Council 

has the authority to administer all Berry Creek assets and economic 

affairs. (Art. V, § 1 (f) .) 

4. Gaming as authorized by the Indian Gaming Regulatory Act 

will provide funds for essential governmental services and jobs for 

tribal members. It may also produce capital which the Tribe can 

use to further develop its reservation based economy. 

5. In order to permit gaming subject to the necessary 

controls and promote the health, safety and welfare of its members, 

the General Council adopts this ordinance. 

NOW, THEREFORE, the General Council of the Berry Creek 

Rancheria hereby ordains as follows: 

Section 1. Purwose. 

The purpose of this Ordinance is to regulate all Class 2 and 

3 gaming activity that occurs within the boundaries of the Berry 

Creek Rancheria. 

Section 2. Definitions. 

a. "General Council" means the governing body of the Berry 

Creek Rancheria as established by Article I1 of the Articles of 

Association of the Berry Creek Rancheria, adopted on February 5, 

1977, as amended. 

b. "Gaming" means Class 2 Gaming and Class 3 Gaming (but 

only if Class 3 Gaming is authorized by a compact between the Tribe 

and the State of California). 

c. "Class 1 Gamingu 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 Gamingtt 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, pull-tabs, 

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

similar to bingo; 

(3) Non-banking 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 3 Gamingu means all forms of gaming that are not 

Class 1 gaming or Class 2 gaming. 

f. "Gaming facilityt1 means a facility owned by the Tribe for 

the purpose of conducting gaming, and any other such facility 

operated or licensed by the Tribe and located on the Berry Creek 

Rancheria. 

g. "Key Employee" means : 

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

functions: 

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June 16, 1994 
Bingo Caller; 

Money Room Supervisor; 

Security Supervisor; 

Floor Supervisor/Manager; 

Custodian of Gaming Supplies or Cash; 

Card Table Supervisor/Manager; 

Pit Boss; 

Dealer; 

Croupier; 

Approver of Credit; or 

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 gaming 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. 52701-2721.) 

Section 4. Objective. 

The objective of gaming activities on the Berry Creek 

Rancheria is to create employment and to generate income that 

promotes self-sufficiency, self-determination and the general well 

being of the membership of the Berry Creek Rancheria. 

Section Permissible use of net revenues. 

a. To provide per capita payments to Berry Creek Rancheria 

members ; 

b. To fund Rancheria government operations or programs; 

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June 16, 1994 
c. To provide for the general welfare of the Berry Creek 

Rancheria and its members; 

d. To promote Berry Creek Rancheria economic development; 

e. To donate to charitable organizations. 

Section 6. Per Ca~ita Payments. 

a. The General Council shall prepare a financial plan to 

allocate revenues to uses authorized under Section 5. The General 

Council may form an advisory committee consisting of General 

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 

Berry Creek Rancheria membership at a meeting at which a majority 

of Berry Creek 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 Berry Creek Rancheria 

members are subject to federal taxation. The members will be 

notified of such tax liability when payments are made. 

Section Pro~rietary interest. 

The Berry Creek Rancheria shall have the sole proprietary 

interest and responsibility for the conduct of all gaming 

activities. 

It shall be unlawful for any person, organization or other 

legal entity, other than the tribe itself, to conduct gaming 

activities on the Rancheria. 

Section 8. Audits. 

The General Council shall contract with a qualified Certified 

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

independent audits of all Class 2 or 3 gaming conducted on tribal 

lands. It will furnish a copy of the audit to the Commission and 

also to any Berry Creek 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 General Council. 

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June 16, 1994 
Section 9. Construction and maintenance of samins 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. 

Section 10. Licenses for Key Emwloyees and Primary Management 

Officials. 

a. Licensinq 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. 

ADDlication 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 General Council may establish a standard 

application form which will elicit all of the 

information required by subsection c (1). 

(b) The General 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 

Commission's 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. S2701 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 

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June 16, 1994 
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 

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 Tribe's 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: 

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June 16, 1994 
(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. 

Backqround Investiqations. 

(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 (1) (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 

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June 16, 1994 
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 (1) (h) or (1) (i) of this 

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 

Butte County Sheriff's 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 

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June 16, 1994 
from the Department and shall pay the Commission's 

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. 

Once fingerprints have been taken, the agency 

taking the prints should forward the completed 

cards directly to the Commission. The Commission 

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. 

Eliqibility Determination. 

The Tribe shall review a persons's 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 gaming, 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. 

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June 16, 1994 
(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 

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. 

Grantinq a Gaminq 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 (1) 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. 

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June 16, 1994 
(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 a hearing panel of three persons 

appointed by the General 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 hearing panel. The licensee 

may present testimony and other evidence and may cross-examine 

any other witnesses testifying at the hearing. The hearing 

panel shall base its decision exclusively on the evidence 

presented at the hearing and may uphold, modify or reverse the 

proposed revocation. The General Council shall issue a 

written decision, based on the recommendation of the hearing 

panel, and serve a copy on the licensee. 

Section Enforcement and Public Safety. 

The General 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 General Council is hereby authorized to 

cooperate with local, state and federal law enforcement officials 

to the extent deemed necessary by the General Council to ensure 

that Class 2 or Class 3 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/~atron Dis~utes. 

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 patron's 

complaint. All employees shall receive training in customer 

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

customer's 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. 

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June 16, 1994 
Stew 2: If the supervisor or floor manager fails to resolve 

the dispute to the customer's 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 customer's 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 

(7) days of the manager's decision. 

Stew 3: The Representative shall review the customer's 

written appeal and may interview the customer, the manager and any 

involved employees. The Representative shall issue a written 

decision to the customer within five (5) working days of receiving 

the customer's appeal. The Representative's written decision shall 

include a notice that the customer may appeal the Representative's 

decision to the hearing panel appointed by the General Council. 

The written appeal must include all information the customer wants 

the hearing panel to consider in acting on the appeal. The appeal 

must be filed within seven (7) days of the date on the 

Representative's decision. 

Stew 4: The hearing panel shall conduct such hearing on the 

appeal as it deems appropriate. It may limit its review to the 

written appeal and the written decision of the Representative or it 

may invite the customer to present written testimony and it may 

receive testimony from the involved employees. General Council, 

based on the recommendation of the hearing panel, shall issue a 

written decision which shall be final. 

All written notices and decisions shall be sent by regular 

first class mail to the customer at the address furnished by the 

customer. The time limits for complainants shall be calculated 

from the date appearing on the notices or decisions, provided these 

items are mailed on that date. The time limits for tribal 

officials shall be calculated from the postmarks appearing on the 

envelops containing the appeals. 

Investment and Manasement Contract. 

a. The terms of any gaming management contract shall not 

contravene any provision of the IGRA. 

No gaming management contract may be assigned without the 

prior written approval of the General Council. Such approval may 

be withheld without any reason given. 

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June 16, 1994 
b. The ma.jority of Berry Creek Rancheria members in 

attendance, at a duly called special or general meeting, shall be 

required to approve any contract for the construction and 

management of any gaming facility on the Berry Creek Rancheria, and 

any amendments thereto. 

Section 14. Preference. 

Any management and investment gaming contracts must make 

provision for the preferential hiring Berry Creek Rancheria members 

followed by a preference for Native people from the Berry Creek and 

surrounding areas for jobs in the construction and operation of any 

gaming facilities or activities. 

Section 15. Scowe and Licensinq. 

Class 2 and Class 3 gaming is covered by the provisions of 

this Ordinance. 

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

location on Berry Creek Rancheria lands is required where 

Class 2 or Class 3 gaming is conducted or occurs. 

(2) Class 3 gaming will only be authorized, if it is 

conducted in accordance with an approved Class 3 gaming compact 

between the Tribe and the State of California. 

Section 16. Desiqnation of Aaent for Service of Process 

The Berry Creek Rancheria hereby designates its chairperson as 

its agent for service of any official determination, order, or 

notice of violation by the National Indian Gaming Commission. The 

Rancheria shall notify the Commission of the name, address and 

phone and fax numbers of the current chairperson. 

CERTIFICATION 

We, the undersigned duly elected officials of the Berry Creek 

Rancheria, do hereby certify that the foregoing Ordinance was 

adopted on June 29, 1994, at a duly called meeting of the General 

Council of the Berry Creek Rancheria with a quorum present by a 

vote of 11 for, 1 against, 0 abstaining 

and 0 absent. 

1 

BERRY CREEK RANCHERIA, CHAIRPERSON 

Albert S. Martin, Chairperson 

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6YQL-W- e.&-/ 

BERRY CREEK RANCHERIA, SECRETARY 

Thelma E. Edwards, Tribal -secretary 

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June 16, 1994