SOBOBA GAMING ORDINANCE # GC93-BGO-04
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Class III gaming enterprise operated on Indian lands within the
boundaries of the Soboba Indian Reservation:

A.

For
definitions apply:

1.

a.

2.

Definitions

the purpose of this section, the following

Key employee means:

A person who performs one or more of the
following functions:

(1) Bingo caller

( 2) Counting room supervisor

( 3) Chief of security

( 4) Custodian of gaming supplies or cash

( 5) Floor manager

( 6) Pit boss

( 7) Dealer

( 8) Croupier

( 9) Approver of credit; or

(10) Custodian of gambling devices, including
persons with access to cash and
accounting records within such devices;

b. If not otherwise included, any other
person whose total cash compensation is
in excess of $50,000.00 per year; or

Cc. If not otherwise included, the four most
highly compensated persons in the gaming
operation.

Primary management official means

a. The person having management
responsibility for a management contract.

b. Any person who has authority:
(1) To hire and fire employees.
(2) To set up working policy for the

gaming operation; or
c. The chief financial officer or other

person who has financial management
responsibility.

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c. Conclusions reached; and
d. The bases for those conclusions;

2. The Band 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 Band:

a. Shall notify the National Indian Gaming
Commission; and

b. May forward copies of its eligibility
determination and investigative report
(if any) to the National Indian Gaming
Commission for inclusion in the Indian
Gaming Individuals Records System.

4. With respect to key employees and primary
management officials, the Band shall retain applications for
employment and reports (if any) of background investigations for
inspection by the Chairman of the National Indian Gaming Commission
or his or her designee for no less that three (3) years from the
date of termination or denial of employment.

G. Granting a Gaming License

1. If, within a thirty (30) day period after the
National Indian Gaming Commission receives a report, the National
Indian Gaming Commission notifies the Band that it has no objection
to the issuance of a license pursuant to a license application
filed by a key employee or a primary management official for whom
the Band has provided an application and investigative report to
the National Indian Gaming Commission, the Band may issue a license
to such applicant.

2. The Band shall respond to a request for
additional information from the Chairman of the National Indian
Gaming Commission concerning a key employee or a primary management
official who is the subject of a report. Such a request shall
suspend the 30-day period under paragraph G-1 of this section until
the Chairman of the National Indian Gaming Commission receives the
additional information.

3. If, within the thirty (30) day period described
above, the National Indian Gaming Commission provides the Band with


SOBOBA GAMING ORDINANCE # GC93-BGO-04
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4. The Band 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.

1.

Informatii

The Tribe shall request from each primary

management official and from each key employee all of the following

information:

e.

f.

Full name, other names used (oral or written),
Social Security number(s), birth date, place
of birth, citizenship, gender, all languages
spoken or written;

Currently and for the previous 5 years:
business and employment positions held,
ownership interests in those businesses,
business and residence addresses, and drivers
license numbers;

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
Subsection;

Current business and residence telephone
numbers;

A description of any existing and previous
business relationships with Indian Tribes,
including ownership interests in those
businesses.

A description of any existing and previous
business relationships with the gaming
industry generally, including ownership
interests in those businesses.

The name and address of every licensing or
regulatory agency with which the person has
filed an application for a license or permit

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SOBOBA GAMING ORDINANCE # GC93-BGO-04
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B. Application Forms

1. The following notice shall be placed on the
application form of 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 National Indian Gaming 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 investigations or
prosecutions or when pursuant to a requirement by a tribe or
the National Indian Gaming Commission in connection with the
hiring or firing of an employee, the issuance or revocation of
a gaming license, or investigations of activities while
associated with a tribe or a gaming operation. Failure to
consent to the disclosures indicated in this notice will
result in a tribe'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.

2. 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.

3. 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.
(18 U.S.C. ss 1001).

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SOBOBA GAMING ORDINANCE # GC93-BGO-04
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D. Eligibility Determination

The Tribe shall review a person's prior activities,
criminal record, if any, and reputation, habits and associations to
make a finding concerning the eligibility of a key employee or
primary management official for employment in a gaming operation.
If the Band 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, the
gaming operation shall not employ that person in a key employee or
primary management official position.

1. When a key employee or primary management
official begins work at a gaming operation
authorized by this Ordinance, the Band shall
forward to the National Indian Gaming Commission a
completed application for employment and conduct
the background investigation and make the
determination referred to in Subsection D of this
section.

2. The Band shall forward the report referred to
in Subsection F of this section to the National
Indian Gaming Commission within 60 days after an
employee begins work or within 60 days of the
approval of this Ordinance by the Chairman of the
National Indian Gaming Commission.

3. The gaming operation shall not employ as a key
employee or primary management official a person
who does not have a license after 90 days.

F. Report to the National Indian Gaming Commission.

1. Pursuant to the procedures set out in Subsection
E of this section, the Band shall prepare and forward to the
National Indian Gaming Commission an investigative report on each
background investigation. An investigative report shall include
all of the following:

a. Steps taken in conducting a
background investigation;

b. Results obtained;

7


OCT 27 O98

Ernie C. Salgado, Jr.

Chairman

Soboba Band of Mission Indians
P.O. Box 487

San Jacinto, California 92581

Dear Chairman Salgado:

This letter responds to your request to review and approve the
tribal gaming ordinance submitted on August 6, 1993, for the
Soboba Band of Mission Indians (the Band). 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 Band's gaming ordinance, the
Band 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. § 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 Soboba Band of
Mission Indians for review and approval. The NIGC staff and I
look forward to working with you and the Band in implementing the
IGRA.

Sincerely yours,
Anthony J. Hope

Anthony J. Hope
Chairman

1850 M STREET.NW. SUITE 250 __ WASHINGTON. DC 20036 TEL: 202-632-7003 __ FAX: 202-632-7066



SOBOBA GAMING ORDINANCE # GC93-BGO-04
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removal, shall be required to remove a member of the Commission.
At the request of the member whose removal is at issue, the hearing
may be held in executive session. The Tribal Council also may
elect to receive in executive session any evidence public
disclosure of which might compromise any on-going law-enforcement
investigation.

Cc. There shall be a Chairperson of the Tribal Gaming
Commission, who shall be appointed for a term of two years. The
remaining members of the Commission shall be appointed for terms of
one year. The Tribal Council shall determine and authorize the
compensation to be paid to members of the Tribal Gaming Commission
based upon the Tribal Council's determination of the time required
to be expended upon Commission duties and the qualifications that
the Tribal Council establishes for appointment to the Commission.

D. The Tribal Gaming Commission shall be authorized and
hereby is directed to promulgate, subject to review and approval by
the Tribal Council, detailed and comprehensive regulations for the
implementation and enforcement of this Ordinance. Said regulations
shall describe and establish the rules for each specific Class II
and Class III gaming activity to be authorized to be conducted on
the Soboba Reservation, and no form of such gaming may be conducted
on the Soboba Reservation without prior approval by the Tribal
Gaming Commission.

E. The Tribal Gaming Commission, independent of the Tribal
Council, shall have full authority to monitor compliance with this
Ordinance and its Regulations, and to investigate and act to
prevent any violation(s) thereof.

F. Subject to the approval of the Tribal Council and the
appropriation of funds therefor, the Tribal Gaming Commission shall
be authorized to employ such staff as reasonably may be required to
fulfill its responsibilities under this Ordinance. Compensation of
Commission employees shall be limited to that which is comparable
to compensation paid to persons performing similar duties in other
governmental gaming regulatory agencies.

G. The Tribal Council hereby is authorized to establish and
impose upon gaming facilities, permittees, applicants and licensees
such application, permit and license fees as may be necessary to
fully reimburse the Band for its actual costs of operating the
Tribal Gaming Commission, enforcing this Ordinance and Tribal
Gaming Commission regulations, processing of licensing and permit
applications, and otherwise fulfilling its regulatory
responsibilities under IGRA. All such fees shall be collected by
the Tribal Gaming Commission and hereby are continuously
appropriated solely for the purposes enumerated in the Subsection.

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a statement itemizing its objection(s) to the issuance of a license
to a key employee or to a primary management official for whom the
Band has provided an application and investigative report to the
National Indian Gaming Commission, the Band shall reconsider the
application, taking into acount the objection(s) itemized by the
National Indian Gaming Commission. The Band shall make the final
decision whether to issue a license to such applicant.

H. License Suspension

1. If, after the issuance of a gaming license, the
Band receives from the National Indian Gaming Commission reliable
information indicating that a key employee or a primary management
official is not eligible for employment under subsection D above,
the Band shall suspend such license and shall notify in writing the
licensee of the suspension and the proposed revocation.

2. The Band shall notify the licensee of a time and
a place for a hearing on the proposed revocation of a license.

3. After a revocation hearing, the Band shall
decide whether to revoke or to reinstate a gaming license. The
Band shall notify the National Indian Gaming Commission of its
decision.

VIII. Licensing of Gaming Places, Facilites and Locations

A separate license shall be required for each place, facility, or
location on Indian lands where Class II and/or Class III gaming is
to be on the Soboba Reservation.

Ix. i ibal in ission
A. There is hereby created the Soboba Tribal Gaming

Commission, which shall consist of three persons who would
themselves qualify for licensing under this Ordinance.

B. The members of the Tribal Gaming Commission shall be
appointed by the Soboba Tribal Council, and shall not be removed
during their terms of office except for misconduct, neglect of
duties or other acts that would render such persons unqualified for
licensure hereunder. An affirmative vote of at least four members
of the Tribal Council, taken in an open meeting after a duly-
noticed hearing at which the member charged with misconduct shall
have the right to hear and present evidence concerning his/her

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SOBOBA GAMING ORDINANCE # GC93-BGO-04
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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, and
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 (1)
(h) or (1) (i) of this Subsection, the
criminal charge, the name and address of the
court involved and the date and disposition;

k. The name and address of each 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 Band may deem
relevant under the circumstances; and

n. Fingerprints consistent with procedures
adopted by the Band according to 25 C.F.R.
ss522.2(h).

2. The Band shall conduct an investigation

sufficient to make a determination under Subsection D below. In
conducting a background investigation, the Band or its agent(s)
shall promise to keep confidential the identity of each person
interviewed in the course of the investigation.


SOBOBA GAMING ORDINANCE # GC93-BGO-04
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IV. Use of Gaming Revenue

A. Except as specifically authorized pursuant to Subsection
B of this Section, net revenues from Class II and Class III gaming
on the Soboba Reservation shall be used only for the following
purposes:

1) to fund Tribal government operations and programs;

2) provide for the general welfare of the Band and its
members;

3) promote Tribal economic development;

4) donate to charitable organizations; or

5) help fund operations of local government agencies.

B. If the Band elects to make per capita payments to Tribal
members, it shall authorized such payments only in conformity with
a plan submitted to and approved by Secretary of the Interior
pursuant to 25 U.S.C. ss2710(b) (3).

Vv. Audit

A. The Band shall cause to be conducted at least annually an
independent audit of all gaming operations and shall submit the
resulting audit reports to the National Indian Gaming Commission,
and to such other agencies as may be required by the terms and
conditions of any Class III compact or other document authorizing
Class III gaming on the Soboba Reservation.

B. All gaming related contracts that result in the purchase
of supplies, services, or concessions in excess of $25,000.00
annually, except contracts for professional legal and accounting
services, shall be specifically included within the scope of the
audit that is described in subsection A. above.

vI. i he E: nt an ic H and et

Class II and Class III gaming facilities on the Soboba
Reservation shall be constructed, maintained and operated in a
manner that adequately protects the environment and the public
health and safety.

vit.

The Band shall ensure that the policies and procedures set out
in this section are implemented with respect to key employees
and primary management officials employed at any Class II and/or

2


SOBOBA BAND OF MISSION INDIANS
SOBOBA RESERVATION, CALIFORNIA
ORDINANCE NO. GC93-BGO-04
JULY 24, 1993

AN ORDINANCE TO ESTABLISH REQUIREMENTS
FOR CLASS II AND/OR CLASS III GAMING OPERATIONS
ON TRIBAL LANDS.

I. Purpose

The Soboba Band of Mission Indians, as the beneficial owner of
the Soboba Indian Reservation, and acting through its General
Council in the exercise of its inherent sovereign power to enact
ordinances and otherwise safeguard and provide for the health,
safety and welfare of the Soboba Indian Reservation and the members
of the Band, hereby ordains and establishes this Ordinance for the
purpose of authorizing and comprehensively and preemptively
regulating the terms and conditions under which Class II and Class
III gaming may be conducted within the boundaries of the Soboba
Indian Reservation.

II. Gaming Authorized

A. Class II gaming as defined in the Indian Gaming Regulatory
Act., P.L. 100-447, 25 U.S.C. Section 27039(7) (A) ("IGRA") and by
the regulations promulgated by the National Indian Gaming
Commission at 25 C.F.R. ss502.3 (as published in the Federal
Register at 57 FR 12382-12393, April 9, 1992) is hereby authorized.

B. Class III gaming as defined in the Indian Gaming
Regulatory Act, P.L. 100-447, 25 U.S.C. Section 2703(8) ("IGRA")
and by the regulations promulgated by the National Indian Gaming
Commission ("NIGC") at 25 C.F.R. ss 502.4 (as published in the
Federal Register at 57 FR 12382-12393, April 9, 1992) is hereby
authorized, provided such gaming is also authorized by and
consistent with a Tribal-State Compact that has been approved by
the Secretary of the Interior and is in effect, or otherwise has
been authorized by the Secretary of the Interior or federal law.

III. Ownership of Gaming and/or Enterprises
The Band shall have the sole propriety interest in and

responsibility for the conduct of any gaming facilities and/or
enterprise(s) authorized by this Ordinance.

Iv. Use of Gaming Revenue

A. Except as specifically authorized pursuant to Subsection

1


SOBOE.. BAND OF MISSION INDIANS

P.O. BOX 487 * SAN JACINTO, CA 92581 * (909) 654-2765

RESOLUTION
RES. NO. CR93-BGO-30

RE: Establishment of Tribal Gaming Ordinance No. GC93-BGO-04

Whereas, the Soboba Band of Mission Indians at a duly called meeting
convened on the Soboba Indian Reservation on July 24, 1993, for the purpose of
conducting tribal business, and

Whereas, the General Council of the Soboba Band of Mission Indians has the
inherent right to enact ordinances to safeguard and provide for the health,
safety, and welfare of the Soboba Indian Reservation and the members of the
Soboba Band, and

Whereas, Tribal Ordinance No. GC93-BGO-04 makes provisions to improve
the welfare and safeguard the resources of the Soboba Band, and

Whereas, Tribal Ordinance No. GC93-BGO-04 provides for the authorization
and regulation of the terms and conditions under which Class II and Class II
gaming may be conducted within the boundaries of the Soboba Indian
Reservation .

Now Therefore, Be It Resolved that Tribal Ordinance No. GC93-BGO-04 be adopted and
prior gaming ordinances, where inconsistent with this ordinance, be repealed.

CERTIFICATION

We the members of the Soboba Tribal Council do hereby certify that the foregoing
Resolution and Ordinance was adopted by the General Membership of the Soboba
Band of Mission Indians at a duly called meeting convened on the Soboba Indian
Reservation on July 24, 1993 by a vote of 11 "FOR", 3_ "AGAINST" and 3 _
"ABSTAINING" and such Resolution has not been rescinded or amended in any way.

SAA

ja Arres, Vice-Chair Marian Chacon, Treasurer

Ernie C. Salgado, Jr., Chairfhan
AB heinia (LOD Mans CK, Da
Pabridi . : ;

Sandra Boniface, Secfetary Maurice Mojado, Member



SOBOBA GAMING ORDINANCE # GC93-BGO-04
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H. Failure to timely pay any gaming-related fee imposed by
the Tribal Council for the tribal Gaming Commission, or to comply
with any Commission regulation or order, or any other violation of
this Ordinance of the terms of any Class III gaming compact
authorizing and regulating gaming on the Soboba Reservation, shall
be grounds for suspension or revocation of any license or permit
issued pursuant to this Ordinance, exclusion of any non-member of
the Soboba Band from the Soboba Reservation, and imposition of such
other sanctions as may be lawful and appropriate.

X. Amendments

The Soboba Tribal Council is hereby delegated the authority to
amend this Ordinance in any manner that is not inconsistent with
the original terms hereof, upon the Tribal Council's determination
that such amendment is in the best interests of the Band; provided,
that the Tribal Council shall have no authority to enact any
amendment to this Ordinance that is less restrictive than the
original terms of this Ordinance, or that would constitute a
violation of federal law or would be inconsistent with the terms of
an approved Tribal-State Class III compact that is in effect.

XI. Repeal
To the extent that they are inconsistent with this Ordinance,

all gaming ordinances previously enacted or amended by the Soboba
Band hereby are repealed.

11