Patricia Hennosillo 

Chairperson 

Cloverdale Rancheria 

555 S. Cloverdale Blvd. 

Suite I 

Cloverdale, CA 95425 

Re: Cloverdale Rancheria Tribal Gaming Ordinance received June 10,2002 

Dear Chairperson Hermosillo: 

This letter is in response to your request for the National Indian Gaming 

Commission (NIGC) to review and approve the Cloverdale Rancheria Tribal 

Gaming Ordinance. The Cloverdale Rancheria General Council adopted the 

ordinance on May 18, 2002. The ordinance was received in this office on June 10, 

2002. This letter constitutes approval of your submission under the Indian 

Gaming Regulatory Act (IGRA). It is important to note that the ordinance is 

approved for gaming only on Indian lands, as defined in the IGRA, over which 

the Tribe has jurisdiction. 

Thank you for submitting the ordinance for review and approval. The NIGC staff 

and I look forward to working with you and the Tribe on future gaming issues. 

Sincerely, 

M&& 

Montie R. Deer 

Chairman 

REGION 11 501 1 Street. Su~te 12400. Sacramento. CA 95814 Tel 916 930 2230 fax 916 930 2106 

NATIONAL HEADQUARTERS 1441 L St NW, Sulk 9100 Wash~ngton. DC 20005 Tel 202 632 7003 Fax 202 632 7066 www.~lcc.cov 
CLOVERDA LE RA NCHERIA 

555 S. CLOVERDALE BLVD., SUITE 1, CLOVERDALE, CA 95425 

PHONE (707) 894-5775 FAX (707) 894-5727 

GENERAL COUNCIL RESOLUTION NO. 2002-05-60 

RESOLUTION DELEGATING AUTHORITY TO THE TRIBAL COUNCIL 

OF THE CLOVERDALE RANCHERIA OF POMO INDIANS OF CALIFORNIA 

TO DEVELOP AND IMPLEMENT GAMING ORDINANCE 

WHEREAS, the Cloverdale Rancheria of Pomo Indians of California is a federally-recognized 

American Indian tribe and a sovereign American Indian Nation with inherent 

powers of self-governance; and 

WHEREAS, Cloverdale Rancheria's General Council has determined that establishing a tribal 

gaming enterprise will generate needed revenues to fund tribal government 

operations, provide employment for tribal members and enhance the economic 

self-sufficiency and welfare of the Tribe as a whole, as well as strengthen 

Cloverdale Rancheria's economic self-suff~iency and self-determination; and 

WHEREAS, the General Council desires to regulate and control all gaming in a manner that 

will protect the environment, the Cloverdale Rancheria, the health, security and 

general welfare of the Tribe, its employees, the players and the community; and 

WHEREAS, Cloverdale Rancheria desires to prohibit all gaming on lands within its jurisdidion 

except in gaming facilities owned and operated by the Tribe, thereby ensuring 

that the Tribe owns all gaming on Mbal trust lands and all Indian lands within the 

boundaries of the former Cloverdale Rancheria; and 

WHEREAS, the Tribe wishes to manage and regulate all such gaming in a manner that will 

adequately address the special interests and needs of Cloverdale Rancheria as 

well as the surrounding community; and 

WHEREAS, Cloverdale Rancheria is governed by a Tribal Council duly elected by the Tribe's 

General Council on June 1, 1996 and recognized by the United States Department 

of the Interior on August 28, 1998; and 

WHEREAS, applicable federal laws and Cloverdale Rancheria's customs and traditions 

authorize Cloverdale's General Council to delegate authority to Cloverdale's Tribal 

Council to develop and implement policies and procedures to enhance the general 

welfare of the Tribe and achieve goals and objectives identified by the General 

Council; and 

WHEREAS, Cloverdale Rancheria's General Council has determined that in order to establish a 

tribal gaming enterprise and ensure that the Tribe manages and regulates all 

gaming on tribal trust lands and all Indian lands within the boundaries of the 

former Cloverdale Rancheria and any land that the Tribe, may, in the future, 

acquire, Cloverdale Rancheria's Tribal Council must have the authority to enact an 

Ordinance to authorize and regulate gaming on all current and future Indian 

lands of the Tribe. 
CLOVERDALE RANCHERIA OF POMO INDIANS 

RESOLUTION 2002-0560 

Page 2 of 3 

NOW, THEREFORE, BE IT RESOLVED that the Cloverdate Ranctreria Generat Coundl hereby delegaed 

to the Tribal Council the authority to develop and implement an Ordinance to authorize 

and regulate gaming on the Indian lands of the Tribe. This Ordinance shall regulate 

gaming consistent with the findings herein and in confmrty with the federal Indian 

Gaming Regulatory Ad, 25 U.S.C. '2701 m. (IGRA), the regulations promulgated 

under IGRA and any Tribal-State Compact that may be entered into between the State of 

California and Cloverdale Rancheria. 

BE IT FINALLY RESOLVED that the General Council of Cloverdale Rancheria conducted a duly noticed 

election on May 18, ZOO2 to vote on the Final Draft of the Gaming Ordinance for the 

Cloverdale Rancheria of Pomo Indians, in which the General Council voted in favor of said 

Gaming Ordinance. 
CLOVERDALE RANCHERZA OF POMO INDIANS 

RESOLUTION 2002-05-60 ' 

Paqe 3 of 3 

CERTIFICATION 

The foregoing General Council Resolution was formally acted upon at a duly-noticed, specially called 

General Council meeting convened on May a, 2002 in Cloverdale, California, at which a quorum was 

present. This Resolution was voted upon and adopted by the General Council, the vote being: 

2 For, 2 Oppose, and &- Abstain 

Cloverdale Rancheria Tribal Chairperson - 

ATTEST 

This Resolution has not been rescinded and shall remain in force until said Resolution is rescinded. 

Cloverdale Rancheria Tribal Secretary Date 
Cloverdale Rancheria 

Of Porno Indians 

Of California 

Tribal 

Gaming Ordinance 
Cloverdale ncheria Tribal Gaming 0 inance 

Method of Approval 

I. General Council 

April 15,2000: The General Council approved Resolution No. 2000-04-35 

which allows the Tribal Council to develop and implement 

the Gaming Ordinance on behalf of the Cloverdale 

Rancheria. 

II. Tribal Council 

May 2,2001 : The Tribal Council approved the Cloverdale Rancheria 

Tribal Gaming Ordinance. 

III. National Indian Gaming Commission 

May 9,200 1 : The Tribal Council forwarded the Cloverdale Rancheria 

Tribal Gaming Ordinance to the National Indian Gaming 

Commission for approval. 

July 3, 2001 : The National Indian Gaming Commission forwarded its 

comments and requested changes to the Cloverdale 

Rancheria. 

IV. Tribal Council 

Sent notice to the General Council to review changes of the 

Cloverdale Rancheria Tribal Gaming Ordinance. 

V. General Council 

: The General Council at a Special called meeting approved 

the Cloverdale Rancheria Tribal Gaming Ordinance. 

VI. National Indian Gaming Commission 

: Received approval of the Cloverdale Rancheria Tribal 

Gaming Ordinance by the National Indian Gaming 

Commission. 

- -- 

Page 2 of 2 
Cloverdale A ncheria Tribal Gaming 0 inance 

TABLE OF CONTENTS 

Method of Approval 

Section I Definitions 3 

Section I1 Short Title 6 

Section 111 Purpose 7 

Section IV Findings and Policy 8 

Section V Gaming Authorized 9 

Section VI Ownership of Gaming Facility 10 

Section VII Use of Gaming Revenue 11 

Section VIII Audit 12 

Section IX Protection of the Environment 14 

Section X Licenses for Key Employees/Primary Management 1 5 

Section XI Vendor License Permits/Contracts/Agreements 25 

Section XI1 Licensing of Gaming Places, Facilities 26 

Section XI11 Creation of Cloverdale Rancheria Tribal Gaming 27 

Commission 

Section XIV Conflict of Interest 33 

Section XV Mandatory Duty to Report Theft 34 

Section XVI Gaming Observation Systems 35 

Section XVII Violations 36 

Section XVIII Notice of Violation 38 

Section XIX Enforcement 40 

Section XX Hearings and Appeals 41 

Section XXI Dispute Resolution 42 

Section XXII Ejection from Gaming Facility 43 

Section XXIII Service 44 

Section XXIV Applicable Law 45 

Section XXV Savings Provision 46 

Section XXVI Amendments 47 

Section )CXVII Repeal 48 

Attachment A Resolution No. 2000-04-3 5 49 

Attachment B Results of the Election/Special Meeting Minutes 50 

Attachment C NIGC Approval 5 1 

Page 3 of 3 
Cloverdale k. ncheria Tribal Gaming 0 inance 

I. Definitions 

A. Unless 'specified otherwise, the terms used herein shall have the same 

meaning as in IGRA, including but not limited to references to 'Net 

Revenues," "Class I," "Class 11," and "Class 111," gaming, and except for 

references to "Commissioners," "Commission," or "Gaming Commission" 

which shall mean the Cloverdale Rancheria Tribal Gaming Commission or 

its Commissioners, established and described herein. 

nClosely Associated Independent Contractor" shall mean any 

contractor that shares common ownership, officers or directors 

with any management principal or person related thereto. 

"Gaming" shall mean an activity in which a person stakes or risks 

something of value on the outcome of a contest including an 

element of chance or a future contingent event, not under his or her 

control or influence, upon an agreement or understanding that the 

person, or someone else, will receive something of value in the 

event of a certain outcome, but shall not include bona fide business 

transactions. 

"Gaming Activities" shall mean any Class I, Class 11, or Class I11 

gaming activity conducted by or under the jurisdiction of the Trike 

"Gaming Commission" shall mean the Cloverdale Rancheria 

Tribal Gaming Commission, as established herein, to monitor the 

gaming activities, investigate wrongdoing, conduct background 

investigations, issue licenses, and perform other duties as set forth 

in this Ordinance or that are required for the regulation of gaming 

on tribal lands. 

"Gaming Contractorn shall mean any person or entity that 

supplies gaming devices or other gaming equipment, personnel or 

&vices (including gaming management or consuhing services) to 

any gaming activity or enterprise, except legal or audit services. 

"Gaming Facility" shall mean any gaming business, event, 

enterprise or activity conducted by or under the jurisdiction of the 

Tribe. 

"National Indian Gaming Commissionn ('NGC") shall mean 

the federal gaming regulatory commission established under 

TGRA. 

"Net Revenuesn shall mean gross gaming revenues fiom all 

gaming activities of a Gaming Facility, less amounts paid out as, or 

paid for prizes and less total gaming-related operating expenses, 

excluding management fees, as determined in accordance with 

Generally Accepted Accounting Principals ("GAAI"'). 

Page 4 of 4 
Cloverdale ncheria Tribal Gaming Ot..inance I 

9. :"Person" shall mean any natural person or entity, including but 

not limited to any government, except the Tribe, corporations, 

partnerships and trusts or any group or combination acting as a 

'unit. 

10. "Related ton shall refer to persons who are related as a father, 

mother, sister, brother, child, step-relative, spouse or domestic 

partner. 

11. ,"StatenshallmeantheStateofCalXornia. 

12. "Tribal Council" shall mean the governing body of the Tni as 

duly elected by the General Council. 

13. "Tribal Court" shall mean any court or entity established or 

designated by the Tribe to hear disputes or, if there is none that can 

exercise jurisdiction, then the Tribal Council. 

14. "Tribal Lands" shall mean all lands within the limits of the 

Cloverdale Rancheria original boundaries and; lands over which 

the Cloverdale Rancheria exercise governmental power and; any 

other lands the title to which now or hereafter is either held in trust 

by the United States for the benefit of the Cloverdale Rancheria or 

an individual member held by the Cloverdale Rancheria which are 

subject to restriction against alienation imposed by the United 

States. 

15. 'Tribal Member" shall mean any duly enrolled member of the 

Tribe. 

Page 5 of 5 
Cloverda,le ncheria Tribal Gaming Ot uinance 

11. Short Title 

A. The Cloverdale Rancheria of Porno Indians of California, a federally 

recognized Indian Tribe ("Cloverdale" or "Tribe"), which exercises 

governmental powers over those Indian Lands located within the former 

boundaries of the Cloverdale Rancheria ("Tribal Lands"), 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 qnd wehe of the Rancheria and members of the Tribe, hereby 

enacts this Ordinance which shall hereinafter be cited as the "Cloverdale 

Rancheria Tribal Gaming Ordiice". 

, Page 6 of 6 
Cloverda,le ncheria Tribal Gaming 0 inance 

111. Purpose 

A. The Cloverdale Rancheria of Pomo Indians of California, as beneficial 

owner of the Cloverdale Rancheria, 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 Cloverdale Rancheria and the members of the Cloverdale 

Rancheria, hereby ordains and establishes this Ordinance for the purpose 

of authorizing and comprehensively and preemptively regulating the terms 

and conditions under which Class I Class I1 and Class I11 gaming may be 

conducted within the boundaries or lands under the jurisdiction of the 

Cloverdale Rancheria. 

- --- - - pp -- -- - 

Page 7 of 7 
Cloverdale ncheria Tribal Gaming Otwinance 

IV. Findings and Policy 

A. The Tribe finds that: 

1. Gaming on its Tribal Lands is a valuable means of generating 

revenues that are needed for economic development, to promote 

tribal self-mfliciency, employment, and a strong Tribal 

Government, and to fimd and ensure essential social programs and 

services; 

2. Cloverdale Rancheria desires to conduct certain forms of gaming 

to provide needed revenues to the Tribe, and to regulate and 

control such gaming in a manner that will protect the environment, 

the Rancheria, the health, security and general welfare of the Tribe, 

the players, employees and the community; and 

3. Cloverdale Rancheria desires to prohibit all gaming on lands 

within its jurisdiction except in a Gaming Facility owned and 

operated by the Tribe. Thus, Cloverdale Rancheria shall own all 

gaming on Tribal trust lands and all Tribal Lands within the 

boundaries of the former Rancheria, and shall manage and regulate 

such gaming in a manner that will adequately address such special 

interests and needs of the Tribe. 

4. To accomplish the goals set forth in (1) through (3) above, the 

Cloverdale Rancheria desires to establish an independent Tribal 

Gaming Commission, separated completely ftom the Tribe's role 

as the owner and operator of its Gaming Facility, with the authority 

to regulate all forms of gaming on Cloverdale's Tribal Lands and 

to enforce the provisions of IGRA, this Ordinance, and any 

Compact that may be in effect. 

Page 8 of 8 
Cloverdale ncheria Tribal Gaming 0 inance 

V. Gaming Authorized 

A. Class I1 gaming as defined in the Indian Gaming Regulatory Act, P.L. 

1 00-447,25 U. S.C. Section 2703(7)(A) ("IGRA"), and by regulations 

lam promulgated by the National Indian Gaming Commission 

('NIGC") that now or hereafter may be in effect is hereby authorized. 

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

regulations promulgated by the NIGC that now or hereafter may be in 

effect $ hereby authorized; provided, however, that 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 and is in 

effect. 

C. Traditional Indian Games as defined by the Cloverdale Rancheria General 

Council. (Class I) 

Page 9 of 9 
Cloverda,le ncheria Tribal Gaming O,,inance 

VI. Ownership of Gaming Facilities andlor Enterprises 

A. The Cloverdale Rancheria of Pomo Indians of California shall have the 

sole proprietary interest in and responsibility for the conduct of any 

gaming facilities andlor enterprise(s) authorized by this Ordinance. 

1. All Gaming Operations of Tribal lands shall be conducted by the 

Cloverdale Rancheria or its management contractors only. 

2. All gaming activities provided for by this Ordinance within the 

lands of the Cloverdale Rancheria shall be conducted in 

conformance with the requirements of this Ordinance, the Indian 

Gaming Regulatory Act, 102 Stat. 2467,25 U.S.C. Section 2701, 

et sec, as implemented by the regulations, and the provisions of 

any Tribal-State Compact governing Class 111 gaming on the 

Cloverdale Rancheria Tribal Lands. 

3. Tribal Lands shall mean all lands within the limits of the 

Cloverdale Rancheria original boundaries and; lands over which 

the Cloverdale Rancheria exercise governmental power and; any 

other lands the title to which now or hereafter is either held in trust 

by the United States for the benefit of the Cloverdale Rancheria or 

an individual member held by the Cloverdale Rancheria which are 

subject to restriction against alienation imposed by the United 

States. 

Page 10 of 10 
Cloverdale ncheria Tribal Gaming Ot dinance 

VII. Use of Gaming Revenue 

A. Except as specifically authorized pursuant to subsection B of this section, 

net revenues fiom Class 11 and Class 111 gaming on the Cloverdale 

Rancheria shall be used only for the following purposes: 

1. Funding of Cloverdale Tribal Government operations and 

programs; 

2. Providing for the general wehe of the Cloverdale Rancheria and 

its members; 

3. Promoting Cloverdale Rancheria's economic development; 

4. Donating to charitable organizations; or 

5. Assisting with fimding the operations of local government 

agencies. 

B. If the Cloverdale Rancheria's General Council elects to make per capita 

payments to Cloverdale Tribal members, it shall authorize such payments 

only in conformity with a plan submitted to and approved by the Secretary 

of the Interior pursuant to 25 U.S.C. Section 2710 (b)(2). 

Except as provided for under the terms of a management agreement or 

financing documents entered into in conformity with IGRA or as 

otherwise permitted by law, all receipts fiom any Class I1 or Class I11 

gaming activities are the property of the Tribe. Any Tribal profits or net 

revenues from Class LI or Class I11 gaming activities shall be deposited 

into the Tribe's general treasury or such other tribal account as the Tribe 

shall determine. Once paid into the treasury, such hds shall lose any 

identity as gaming revenues except to the extent necessary to identifL 

them as such in order to comply with applicable law. Payments from the 

general treasury hds to Tribal Members under other Tribal programs, 

including those related to health, welfare, education, elderly care, and 

housing, shall not be deemed to be per capita payments. 

Page 11 of 11 
CIoverdalle ncheria Tribal Gaming Otdinance 

VIII. Audit 

A. The Cloverdale Tribal Council shall cause to be conducted at least 

annually an independent audit of all gaming operations. The Tribal 

Council shall direct and instruct the Gaming Commission to research and 

investigate potential external auditors. Upon the completion of all 

research and investigation, the Gaming Commission shall present three 

(3) proposals to the Tribal Council. The Tribal Council shall select one 

(1) proposal, and direct the Gaming Commission to hire the selected 

competent and reputable external auditor to conduct an annual 

independent audit of all gaming operations. The resulting audit reports 

shd be distributed to the Tribal Council and the National Indian Gaming 

Commission. The resulting audit reports may be submitted to other 

agencies as may be required by the terms and conditions of any Class I11 

compact or other document authorizing Class I11 gaming on the 

Cloverdale Rancheria. The Management of the Gaming Facility will 

receive a copy of the Independent Audit with a cover letter from the 

Gaming Commission stating a deadline date to conform to the necessary 

changes recommended by the external auditor. 

B. All gaming-related contracts that result in the purchase of supplies, 

services, or concessions, 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. 

C. The Gaming Facility shall keep permanent books of account or records, 

including inventory records of gaming supplies, sufficient to establish the 

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

disbursements, and other information required in any financial statement, 

report or other accounting prepared pursuant to the Act or Chapter I11 in 

Title 25 C.F.R. 

D. No later than the fifteenth (1 5') day of each month, each gaming operator 

shall provide, in a report form prescribed by the Gaming Commission, a 

statement of gross revenues, assessable gross revenue and net revenues 

received or collected at each gaming establishment during the immediate 

preceding month. 

E. All papers, books, and records including computer records of the gaming 

operation relating to licensed gaming activities shall be subject to 

inspection, examination, photocopying, and auditing by the Gaming 

Commission, State Agents and the NIGC's authorized representatives at 

anytime during reasonable hours. All such papers, books and records shall 

be retained not less than seven (7) years. 

Page 12 of 12 
Cloverda(e ncheria Tribal Gaming 0, ,inance 

F. The Trii Council may elect to approve a more efficient method of file 

retention. The files are to be maintained as is for a three (3) year period 

and then converted to the more efficient method provided the Tribal 

Council has approved the method. 

I Page 13 of 13 
Cloverdale ncheria Tribal Gaming 0, "inance 

IX. Protection of the Environment and Public Health and Safety 

A. Class I1 and Class IU gaming facilities on the Cloverdale Rancheria shall 

be constructed, maintained and operated in a manner that adequately 

protects the environment and the public health and safety. Uniform 

Standard Building Codes may be used to assure a facility is constructed 

and maintained in a manner, which compliments the protection of the 

environment and public health and safety. 

B. The Cloverdale Tribal Council shall have the primary responsibility for 

assesshig environmental impact of all construction and gaming operations 

through the development of an Environmental Protection Act Program, 

and shall take such measures as it determines may be reasonably necessary 

to mitigate any adverse environmental impacts identified. 

C. The Tribal Council shall develop, create and implement the Cloverdale 

Rancheria Building Standards Ordinance and Environmental Ordinance. 

D. The Management of the Tribal Gaming Enterprise must submit current 

structural plans of the Gaming Facility, noting location of VideoISlot 

machines, Card Tables, and Promotional display areas. If the 

Management decides to alter the current layout of the floor plan, the plans 

must be presented to the Gaming Commission for review and approval 

prior to any alterations including but not limited to moving of machines, 

adding on rooms, or entertaining various promotional displays. 

Page 14 of 14 
Cloverdale ncheria Tribal Gaming 0 inance 

Licenses for Key Employees and Primary Management Officials 

A. The Gaming Commission or its designated gaming regulatory employees 

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 I1 andlor Class 111 Gaming Facility 

operated on Tribal lands within the boundaries of the Cloverdale 

Ranc heria. 

B. It shall be the responsibility of the Gaming Commission to prepare 

comprehensive regulations that entail procedures to address all issues 

relating to licenses or background investigations. These regulations are to 

be inclusive of all items listed and those that may need to be created to 

respond to issues that have not yet been address. This includes regulations 

that address procedures for the documentation of all potential problem 

areas and disqmg information discovered during a background 

investigation. As well as a regulation that must include procedures for the 

verification of information submitted by Key Employees and Primary 

Management Official applicants. 

C. For the purpose of this section, the following definitions apply 

1. Key employee means a person who performs one or more of the 

following functions: 

(a) Bingo Caller; 

(b) Count Room Supervisor 

(c) Director of Security 

(d) Cashiers 

(e) Floor Manager 

(f) Pit Boss 

(g) Dealer 

(h) Drop Team Members 

(i) VideoISlot Technicians 

(j) Croupier 

(k) Approver of credit 

(1) Custodian of gaming supplies or cash 

(m) Custodian of gambling devices including persons with 

access to cash and accounting records within such devices. 

(n) If not otherwise included, any other person whose total 

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

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

compensated persons in the gaming operation 

Page 15 of 15 
Cloverdale ncheria Tribal Gaming Ot "inance 

D. Pw Management Official means: 

1. , The person having management responsibility for a management 

contract; 

2. Any person who has authority to: 

(a) hire and fire employees; or 

(b) setupworkingpolicyforthegamingoperation;or 

3. The Chief Financial Officer, or other person who has financial 

management responsibility. 

E. 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: 

1. 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. Section 2701 et seq. The purpose 

of the requested information is to determine the eligibility of 

individuals to be employed in a gaming operation. The 

information will be used by the National Indian Gaming 

Commission members and staff who have need for the information 

in the performance of their official duties. The information may be 

disclosed to members of Cloverdale Tribal Council and Gaming 

Commission, as well as appropriate Federal, State, Local or foreign 

law enforcement and regulatory agencies when relevant to civil, 

criminal, or regulatory investigations or prosecutions. Further, the 

information may be disclosed to another federally recognized 

American Indian tribe or the National Indian Gaming Commission 

in connection with the hiring or fir'i of an employee or the 

issuance or revocation of a gaming license. 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. 

2. The disclosure of your Social Security Number (SSN) is voluntary. 

However, Mure to supply a SSN may result in errors in 

processing your application. 

3. Existing Key Employees and Primary Management Officials sM 

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. 

Page 16 of 16 
Cloverdale ncheria Tribal Gaming 0 inance 

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) 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 he or imprisonment. 

(18 U.S.C. Section 1001). 

5. The Gaming Commission shall not@ 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. 

F. Through the Background Investigations the Gaming Commission shall 

request fiom each Primary Management Official and fiom each Key 

Employee all of the following information: 

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

nurnber(s), birth date, place of bih, citizenship, gender, and all 

languages spoken or written; 

2. Currently and for the previous five years: all business and 

employment positions held, ownership interests in those 

businesses, business and residence addresses, and drivers license 

numbers; 

3. The names and current addresses of at least three personal 

references, including one personal reference who were acquainted 

with the applicant during each period of residence listed under 

paragraph (2) of this Subsection; 

4. Current business and residence telephone numbers; 

5. A description of any existing and previous business relationships 

with the Cloverdale Rancheria or any other Indian Tribe, including 

ownership interests in those businesses; 

6. A description of any existing and previous business relationships 

with the gaming industry generally, including ownership interests 

in those businesses; 

7. The name and address of every licensing or regulatory agency with 

which the person has fled an application for a license or permit 

related to gaming whether or not such license or permit was 

granted; 

8. For each felony for which there is an ongoing prosecution or a 

conviction, the charge, the name and address of the court involved, 

and the date and disposition if any; 

Page 17 of 17 
Cloverdale ncheria Tribal Gaming Ob "inance 

9. For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traEc violations) within ten years of 

the date of the application, the name and address of the court 

involved and the date and disposition; 

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

whether or not there is a conviction, if such criminal charge is 

within ten years of the date of the application and is not otherwise 

listed pursuant to the paragraph (8) or (9) of this Subsection, the 

criminal charge, the name and address of the court involved and 

the date and disposition; 

1 1. 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; 

12. A current photograph; 

13. Any other information the Gaming Commission may deem 

relevant under the circumstances; and 

14. Fingerprint cards of the applicant will be taken by the Cloverdale 

Rancheria Tribal Gaming Commission and forwarded to the 

National Indian Gaming Commission. The National Indian 

Gaming Commission will forward the fingerprint cards to the 

Federal Bureau of Investigations for criminal history records of the 

individual as stated in terms listed in a Memorandum of 

Understanding between the Cloverdale Rancheria and the National 

Indian Gaming Commission. A criminal history check will 

include a check of criminal history records information (CHRI) 

maintained by the Federal Bureau of Investigation in accordance 

with 25 C.F.R. Section 522.2(h). 

G. The Gaming Commission shall conduct an investigation sufficient to make 

a determination under Subsection H. below. In conducting a background 

investigation, the Gaming Commission shall keep confidential the identity 

of each person interviewed in the course of the investigation, unless 

legally compelled to disclose this information 

H. Eligibility Determination 

The Gaming Commission shall review an applicant'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 Facility. If the Gaming Commission 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 or management 

Page 18 of 18 
Cloverdale . rcheria Tribal Gaming 0 inance 

contractor shall not employ that person in a Key Employee or 

Primary Management Official position. 

2. The Gaming Commission may issue or renew a gaming license to 

an applicant who submits a proper and completed application and 

pays the appropriate annual license fee, provided that the Gaming 

Commission determines that the applicant: 

(a) is not a minor; 

(b) is a person of good character, honest and integrity; 

(c) has no prior activities, criminal record, reputation, habits, 

and associations which pose a threat to the public interest 

or the interest of the Cloverdale Rancheria or to the 

effective regulation and control of gaming, or create or 

enhance the dangers of unsuitable, unfair, or illegal 

practices, methods and activities in the conduct of gaming 

or the carrying in if the business and financial arrangements 

incidental to the conduct of gaming; 

(d) is a person who has been convicted, or is known but has not 

been convicted of violent sexual acts against women or 

children. 

(e) has not supplied false and/or misleading information or 

who has not omitted material information required under 

this Ordinance, the Act, and 25 C.F.R. Chapter 111; 

(f) hasnothad,orisnotinprivitywithanyonewhohashad,a 

gaming license revoked for cause in any jurisdiction since 

the effective date of the Act; 

(g) has complied with this Ordinance or any resolution adopted 

or any regulation implemented by the Gaming 

Commission; 

(h) does not occupy a competing position in the employ of 

another Tribe within a five hundred (500) mile radius of 

any Tribal Gaming Operation; and 

(i) does not violate any of the requirements set forth in 25 

U.S.C. Section 271 1 (a) and (e). 

3. The Gaming Commission shall make the final decision as to 

whether a gaming license shall be issued, suspended or revoked. 

4. Until authorized by a Tribal-State Compact, no gaming license 

shall be issued by the Gaming Commission for Class I11 Gaming. 

Page 19 of 19 
Cloverda,le cheria Tribal Gaming 0 rnance 

I. National Indian Gaming Commission Reports and Applications 

1. When a Primary Management or a Key Employee begins work at 

the gaming operation authorized by this Gaming Ordinance, the 

Gaming Commission shall forward to the National Indian Gaming 

Commission a completed application for employment that contains 

the notices and information listed in Subsection E and F of this 

Section. The Gaming Commission will conduct the background 

investigation and make the eligibity determination referred to in 

Subsections F through H of this Section. 

2. Upon completion of the above, the Gaming Commission shall 

forward an investigative report as set forth in Subsection J of this 

Section to the National Indian Gaming Commission within 60 days 

after an employee begins work or within 60 days after the approval 

of this Gaming Ordinance by the Chairperson of the National 

Indian Gaming Commission. 

3. The Gaming Operation shall not employ a person as a Key 

Employee or Primary Management Official who does not have a 

permanent license after 90 days. 

J. Investigative Report 

1. Pursuant to the procedures set out in Subsection I of this Section, 

the Gaming Commission shall prepare and forward to the National 

Indian Gaming Commission an investigative report on each 

background investigation. 

2. An investigative report shall include all of the following: 

(a) Steps taken in conducting the background investigation; 

(b) Results obtained 

(c) Conclusions reached; and 

(d) The basis for those conclusions. 

3. The Gaming Commission shall submit, with the report, a copy of 

the eligibility determination made under Subsection H of this 

Section. 

4. If a license is not issued to an applicant, the Gaming Commission: 

(a) Shall noti@ 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. 

5. With respect to Key Employees and Primary Management 

Officials, the Gaming Commission shall retain applications for 

employment and reports (if any) of background investigations for 

inspection by the Chairperson of the National Indian Gaming 

Page 20 of 20 
Cloverdale ncheria Tribal Gaming Oruinance 

Commission or his or her designee for no less than three (3) years 

fiom the date of termination or denial of employment. 

K. Grantirig a Temporary Gaming License 

1. When the Gaming Facility proposes to hire a new employee, the 

Gaming Facility shall submit applications of proposed employees 

with the designated fees to the Gaming Commission. 

2. The Gaming Commission shall then run the initial background 

investigation of prospective employees. If the initial investigation 

is satisfactory, the Gaming Commission shall inform the Gaming 

Facility. 

3. The Gaming Facility shall then have the prospective employee 

submit to a drug test, and provided that the results are satisfactory, 

the prospective employee shall set a time to meet with the Gaming 

Commission. 

4. Once the prospective employee sets a time for meeting with the 

Gaming Commission, the Gaming Commission may then issue a 

Temporary Gaming License. 

5. If the preliminary background investigation is not satisfactory, the 

Gaming Commission may elect not to issue a Temporary Gaming 

License. If this is done, the prospective employee will be denied 

the issuance of a Temporary Gaming License. 

6. The Gaming Commission shall act as promptly as to issuing a 

Temporary Gaming License. 

L. Withdrawal of Temporary Gaming License Issuance 

1. If, during the initial background investigation, the Gaming 

Commission finds that an employee is unsuitable for a gaming 

license, a Temporary Gaming License previously issued may be 

withdrawn. 

2. Written notice that a Temporary Gaming License has been 

withdrawn shall be provided to the employee and the General 

Manager of the Gaming Facility by the Gaming Commission 

3. A decision by the Gaming Commission to withdraw a Temporary 

Gaming License is final and unreviewable. 

M. Granting a Gaming License 

1. Ic within a thirty (30) day period after the National Indian Gaming 

Commission receives a report, the National Indian Gaming 

Commission notses the Gaming Commission that it has no 

objection to the issuance of a license pursuant to a license 

application fled by a Key Employee or a Primary Management 

Official for whom the Gaming Commission has provided an 

Page 21 of 21 
Cloverdale cheria Tribal Gaming 0,-inance 

application and investigative report to the National Indian Gaming 

Commission, the Gaming Commission may issue a license to such 

an applicant. 

2. The Gaming Commission shall respond to a request for additional 

information from the Chairperson 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 Subsection M of this 

Section until the Chairperson of the National Indian Gaming 

Commission receives the additional information. 

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

Indian Gaming Cornrnission provides the Gaming Commission 

with 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 Cloverdale Rancheria has provided an application 

and investigative report to the National Indian Gaming 

Commission, the Gaming Cornrnission shall reconsider the 

application, taking into account the objection(s) itemized by the 

National Indian Gaming Commission. The Gaming Commission 

shall make the final decision whether to issue a license to such an 

applicant. 

N. License Suspension 

1. If, after the issuance of a gaming license, the Gaming Cornrnission 

receives f?om the National Indian Gaming Commission reliable 

information indicating that a Key Employee or a Primary 

Management Official is not eligible for employment under 

Subsection M above, the Gaming Commission shall suspend such 

license and shall notify in writing the licensee of the suspension 

and the proposed revocation. The Gaming Commission shall 

notify the licensee of a time and a place for a hearing on the 

proposed revocation of a license. After a revocation hearing, the 

Gaming Commission shall decide whether to revoke or to reinstate 

a gaming license. The Gaming Commission notifies the National 

Indian Gaming Commission of its decision. 

0. ~arning License Fees 

1. All fees for gaming licenses shall be set at the discretion of the 

Gaming Commission. The Gaming Commission reserves the right 

to change gaming license fees at anytime for any license type or 

class. If the cost of an investigation exceeds the license fee 

established, the Gaming Commission also reserves the right to 

request payment of any additional expenses incurred. All 

applicants must promptly comply with any requests hm the 

Page 22 of 22 
Cloverdale ncheria Tribal Gaming Oruinance 

Gaming Commission to provide a deposit sufficient to cover the 

estimated cost of the background investigation and processing. 

P, Classes and Types of Licenses Issued 

1. Employee Licenses 

(a) Class A: Key Gaming Employee License 

(b) Class B: Non-Gaming Employee License 

(c) Class C: Primary Management 

2. Vendor Permit Licenses 

(a) Class I: Businesses 

(b) Class 11: Principals 

(c) Class In: Consultants 

Q. Eligibility Requirements 

1. All Classes and Types of Licenses issued as stated in Subsection N 

are subjected to Section X Licenses for Key Employees and 

Primary Management Officials. 

2. The Commission will create a regulation, which will set the 

process of applications, background checks and license fees. 

R. Tribal Council Review 

1. The Gaming Commission must receive Tribal Council approvals 

on the following individuals prior to the commencement of a 

background investigation; 

(a) Human Resource Director 

(b) Chief Financial DirectorIController 

(c) MarketingPrornotion Director 

(d) Security Director 

(e) Gaming Operations Director 

(f) Personnel with incomes above $50,000 

2. The positiondpersonnel listed above must be presented before the 

Tribal Council for an interview prior to selection. After the Tribal 

Council reviews the applicant, the Tribal Council may opt to 

forward a letter of approval to the Commission to begin the 

background process or a letter to the General Manager declining 

the applicant. 

Page 23 of 23 
Cloverdale ncheria Tribal Gaming 0, -inance I 

S. Tribal Council Backgrounds 

1. , The Gaming Commission is required to conduct discrete 

background investigations upon the Tribal Council. The 

Commission must conduct the background investigation at the 

level of Primary Management 

(Class C). 

2. Through the course and outcome of the background investigation, 

the Gaming Commission does not have the authority to alter or 

take away fiom the authorities, duties and powers of the Tribal 

Council, as granted by the General Council or Constitution. 

T. Finger Prints 

1. The Gaming Commission shall be responsible in designating 

specific individuals within the Gaming Commission Background 

Investigation Department to attend a fingerprinting course 

conducted by a law enforcement agency. 

2. The specific individuals, once certified to take fingerprint cards, 

may begin taking fingerprint cards for the Tribe. 

3. The Gaming Commission may then send the fingerprint cards 

directly to the National Indian Gaming Commission. 

Page 24 of 24 
Cloverdale A ncheria Tribal Gaming 0 inance 

XI. Vendor License Permits/Contracts/Agreements 

A. The Gaming Commission shall review prospective Vendor backgrounds 

and contracts/agreements before issuing a Vendor License Permit or 

approving a contract between the Cloverdale Rancheria and the 

prospective vendor. A Vendor must have a Vendor License Permit and an 

approved contract fiom the Gaming Commission before commencing 

work on the Cloverdale Rancheria. Eligibility Determination shall be as 

defined in Section X, Subsection H. 

B. Any Vendor or prospective Vendor that has or wishes to provide services 

or goods must complete an application for a Vendor License Permit and 

submit the application and required fees to the Gaming Commission in 

accordmce with the policies and procedures of the Gaming Commission. 

C. The Gaming Commission shall create regulations that define how 

prospective Vendors obtain licenses. The regulations must include at a 

minimum provisions for attorney review; Tribal Council review, approval 

and signature; submission of background checks and fees. 

Page 25 of 25 
Cloverdale A ncheria Tribal Gaming 0 inance 

XII. Licensing of Gaming Places, Facilities and Locations 

A. A separate license shall be required for each place, fkility, or location on 

Tribal Lands where Class 11 and/or Class I11 gaming is to be conducted on 

the Cloverdale Rancheria. Before Class I1 or Class I11 gaming activities 

can be conducted therein, the Gaming Commission shall inspect and 

license each facility in accordance with this Ordinance and any 

requirements of IGRA and the Compact. In issuing the license, the 

Commission shall determine whether the facility is safe for human 

occupancy, including, but not limited to, finding that the facility meets all 

Federal OSHA and applicable uniform building code, health, and safety 

code requirements. 

B. Nothing in this Ordinance shall prevent the Tribe, through its General 

Council, fiom delegating the authority to conduct gaming to one or more 

Tribal Corporations, so long as the Tribal Gaming Facilities to which such 

authority is delegated agree to meet all criteria and requirements 

established under this Ordinance. 

Gaming permitted as licensed, except to the extent authorized by an 

agreement pursuant to the provisions of IGRA or as otherwise permitted 

by law, gaming activities shall only be conducted in tribally owned, 

operated and licensed hcilities pursuant to the provisions of the 

Ordinance. Such activities shall be conducted in accordance with the 

terms and conditions of any license issued by the Gaming Comrnission for 

such purposes as to each facility before any gaming activities may occur 

therein. Such licenses shall specify the hours of operation, type and scope 

of gaming activities allowed therein, permitted uses of the facility for 

other activities, rules of conduct for employees and patrons, regulation of 

alcoholic beverages, food handling and entertainment, and such other 

matters as the Gaming Commission may deem necessary to the conduct of 

gaming activities therein or the Compact may require. 

Page 26 of 26 
Cloverdale A ncheria Tribal Gaming 0 inance 

XIII. Creation of the Cloverdale Rancberia Tribal Gaming Commission 

A. The Cloverdale Rancheria Tribal Gaming Commission shall consist of (3) 

three persons who would themselves qualifjl for a Class C license under 

this Ordinance. 

B. The Cloverdale Rancheria Tribal Council shall open the positions through 

two phases. The first phase shall open the positions of Commissioners to 

the Cloverdale Rancheria General Membership. The second phase will 

open the untilled Commissioner positions to non-members. 

1. Qualifications 

(a) High School Diploma, GED, or equivalent. 

(b) Must have knowledge of Gaming Industry and willing to 

train for this position. 

(c) Written and oral communication skills. 

(d) Willing to travel and be available for training. 

(e) Professional attire is a requirement. 

(f) Must have the ability to work with staff, Tribal, Federal, 

State, and Local Agencies. 

(g) Must be available during Casino working hours. 

(h) Must be able to pass a drug test. 

Disqualifications 

The following persons may not serve as Commissioners: 

(a) Employees of the Tribe's Gaming Facility; 

(b) Persons related to any Gaming Contractor (including any 

principal thereof or closely associated independent 

contractor); 

(c) Member of the Tribal Council 

(d) Any person who cannot satisfjr the licensing requirement 

for a Primary Management Official (Class C) 

3. Selection Process 

(a) Job postings shall be advertised for a fourteen (14) day 

period: 

(1) Notice mailed to the Cloverdale Rancheria General 

Council 

(2) Job posting in the local newspaper as defined by the 

Tribal Council 

(b) The Tribal Council will close the acceptance of 

applications thirty (30) days after the last day posted. 

(c) The Tribal Council will review the applications through 

two (2) Tribal Council Meetings. 

(d) The Tribal Council shall select ten (1 0) applicants. 

Page 27 of 27 
Cloverdale ncheria Tribal Gaming 01 "inance 

The ten (1 0) applicants shall submit to a background 

investigation as conducted by the Tribal Council. 

The Tribal Council shall complete the interview process 

within fourteen (1 4) days. 

At the completion of the interview process, the Tribal 

Council shall take into consideration the results of the 

background investigation, to ensure all applicants are 

eligible to proceed. For those applicants that the Tribal 

Council find do not hlfill the requirements set forth in the 

Ordinance, the Tribal Council shall not@ the applicant that 

they did not llfill the requirements of licensure. The 

remaining applicants shall proceed to the next stage of the 

process. 

The Tribal Council shall select five (5) applicants within 

seven (7) days of the completion of the interviews. 

The Tribal Council shall rank the five (5) applicants in 

order. 

The Tribal Council will not@ the top three (3) applicants 

of their selection for hire. 

The two remaining applicants shall serve, as alternates in 

the event one of the three selected Commissioners are 

unable to the positions. 

This process shall remain the same when a Commissioner 

position becomes vacant and the position must be filled. 

4. Compensation 

(a) Employed Commissioners are placed on a ninety (90) day 

probationary period as defined within the Cloverdale 

Rancheria Tribal Administration Policies and Procedures. 

(b) Commissioners that pass the probationary period are 

entitled to benefits to include Dental, Medical, and Vision 

to be compensated by the Cloverdale Rancheria Tribal 

Administrat ion. 

(c) The Commissioners salaries shall be set by the Cloverdale 

Rancheria Tribal Council in comparison to that of o ther 

Tribal Regulatory Agencies, with consideration of facility 

size, employees, vendors, duties, responsibilities, and 

authorities. 

(d) The Commissioners are covered by the policies and 

procedures set in place by the Cloverdale Rancheria Tribal 

Council. This includes salary changes, performance 

reviews/evaluations, and disciplinary actions. This option 

or sections may be delegated to the Gaming Commission 

upon approval of the Cloverdale Rancheria Tribal Council. 

(e) The Tribal Council will select the Chairperson of the Tribal 

Gaming Commission. 

Page 28 of 28 
Cloverdale A ncheria Tribal Gaming 0 inance 

5. Removal 

(a) The Commissioners are hired and employed by the 

Cloverdale Rancheria Trii Council, their resignation, or 

termination shall be conducted in accordance with the 

policies and procedures set forth by the Cloverdale 

Rancheria Tnil Council. In the event of termination or 

resignation the position that is vacated shall follow the 

provisions set forth in Section XIII. 

6. Authorities 

(a) The Gaming Commission shall be authorized and is hereby 

directed to promulgate, subject to review and approval by 

the Tribal Council, detailed and comprehensive regulations. 

Said regulations shall describe and establish the rules for 

each specsc Class I1 and Class 111 gaming activity that 

may be conducted on the Rancheria without prior approval 

by the Gaming Commission. Pending approval of the 

Gaming Commission regulations by the Tribal Council, 

interim regulations that the Tribe may adopt shall govern 

gaming on the Cloverdale Rancheria. The Gaming 

Commission shall create and implement a comprehensive 

Minimum Internal Control Standards on behalf of the 

Cloverdale Rancheria. 

(b) The Gaming Commission shall have the power and 

responsibility to: 

(1) enforce and administer provisions of this 

Ordinance; 

(2) investigate any suspicion of wrongdoing in 

connection with any gaming activities; 

(3) issue and renew gaming licenses as provided in this 

Ordinance and in any regulation, which may be 

promulgated by the Gaming Commission; 

(4) revoke, suspend, or condition a gaming license or 

deny an application for a license for violation of 

applicable law or Ordinance regulating gaming, or 

conviction of any offense involving a gaming 

related crime or moral turpitude; 

(5) collect fees and interest as provided for in this 

Ordinance; 

(6) assess and collect penalties provided for in this 

Ordinance; 

(7) adjust the respective amounts of the license fee, 

provided that such fees shall not be increased 

retroactively; 

Page 29 of 29 
Cloverdale ncheria Tribal Gaming Ot "inance 

audit or cause to audited expenditures, receipts and 

reports of licensee responsible for managing a 

Tribally-Owned Gaming Facility; 

review on demand, such books and records and 

inspect the premises and operation of licenses as 

deems necessary for the enforcement of this 

Ordinance; 

supervise, operate and maintain gaming observation 

systems in coordination with Tribal PoliceITribal or 

Casino Security Department; 

draw up such forms, as it deems necessary; 

institute such legal proceedings in the name of the 

Cloverdale Rancheria in a court of competent 

jurisdiction, as it deems necessary for the 

enforcement of this Ordinance; 

conduct hearings provided for in this Ordinance; 

deposit all fees, penalties, and interest collected 

under authority of this Ordinance into an account to 

the credit of the Tribe; 

maintain a correct and 111 accounting of all fees, 

penalties, and interest received under authority of 

this Ordinance, and provide a monthly record of 

that accounting; and 

implement and administer a system for 

investigating, licensing and monitoring employees 

and other connected with gaming activities, as 

described; 

hear patron complaints against the Gaming Facility, 

in accordance with the procedures established in 

this Ordinance; 

to the extent required, comply with any reporting 

requirements established under a Tribal-State 

compact to which the Tribe is a party and other 

applicable Iaw, including the IGRA; 

levy a tax or fee on gaming activities and applicants 

for gaming licenses to cover the cost of conducting 

background investigations, issuing gaming licenses 

to persons engaged or wishing to engage in gaming 

activities on the Rancheria, and hding the 

operation of the Commission; and 

levy fines, suspend, or revoke gaming licenses for 

violations of this Ordinance or the Tribal Gaming 

Commission regulations; 

certify compliance with building safety standards 

adopted by the Tribe; 

Page 30 of 30 
Cloverdale ncheria Tribal Gaming 0 inance 

(22) take such other actions, issue such orders, and I promulgate such regulations, as the Gaming 

Commission may deem necessary to properly and 

fully perform its duties and responsibilities under 

this Ordinance. 

(c) The Gaming Commission, acting wholly independent fiom 

the Tribal Council, is hereby designated as Cloverdale's 

Rancheria regulatory agency with full authority to monitor 

compliance with this Ordinance and its Regulations, and to 

investigate and act to prevent any violation(s) thereof. 

(d) Subject to its appropriation of hds therefore, the Gaming 

Commission shall he authorized to employ such staff, as it 

deems necessary to fulfill its responsibilities under this 

Ordinance. Compensation of commission employees shall 

be limited to that which is comparable to compensation 

paid to person performing similar duties in other 

governmental gaming regulatory agencies. 

(e) To ensure the Cloverdale Rancheria's regulatory body is 

able to carry out its obligations to the Tribe, it shall be 

noted that a division of the Gaming Commission and the 

Gaming Facility must occur. The Tribal Council upon 

receipt of a budget from the Gaming Commission shall 

review the budget, make necessary adjustments and 

approve the Commission Budget. At a duly called Tribal 

Council meeting a quorum of three (3) Tribal Council 

members must be present to approve the budget. Upon 

approval of the budget the Cloverdale Rancheria Tribal 

Council shall not@ the General Manager of the Gaming 

Facility that allocated funds must be distributed in the 

manner prescribed by the Cloverdale Tribal Council. The 

allocated fhds are utilized to open a checking account with 

four (4) check signers: (2) Tribal Gaming Commissioners 

and (2) Tribal Council Member. Each check must have the 

signature of one (1) Commissioner and one (1) Tribal 

Council member. Any additional fhding requested will be 

deposited directly into the Tribal Gaming Commission 

Account. 

(f) The manner prescribed will allow the Cloverdale Tribal 

Council access to the allocated hds at all times. The 

Gaming Facility will break down the allocated fhds into 

quarterly payments to be made on January I ; April 1 ; July 

1 and October 1. The allocated fimds are to be used at the 

discretion of the Gaming Commission, in accordance with 

an approved budget. The allocated hds are to be used for 

all departments of the Gaming Commission. Note the 

Page 31 of 3 1 
Cloverdale ncheria Tribal Gaming 0 inance 

Gaming Commission is required to submit a quarterly 

report of expenditure to the Tribal Council. The Tribal 

Council may at any time request a hll report of budget and 

expenditures beyond the quarterly requirements. 

(g) If the Gaming Facility does not adhere to the directions 

listed within this Ordinance then the Gaming Commission 

may take necessary action as defined within this Gaming 

Ordinance. 

(h) The Gaming Commission hereby is authorized to establish 

and impose upon gaming facilities, permitted, applicants, 

and licenses such application, permit and license fees as 

may be necessary to hlly reimburse the Cloverdale Tribal 

Council for its actual cost of operating the Gaming 

Commission. All such fees shall be collected by the 

Gaming Commission and hereby are continuously 

appropriated solely for the purposes enumerated in this 

Subsection. 

(i) Failure to timely pay any gaming-related fee imposed by 

the Cloverdale Gaming Commission, or to comply with any 

Commission regulation or order, or any other violation of 

this Ordinance or the terms of any Class I11 gaming 

compact authorizing and regulating gaming on the 

Cloverdale Rancheria, shall be grounds for suspension or 

revocation of any license or permit issued pursuant to this 

Ordinance, exclusion of any non-member from the 

Cloverdale Rancheria, and imposition of such other 

sanctions as the Gaming Commission may deem 

appropriate. 

(a) When the Tribal Gaming Commissioners are required to 

approve or adopt documents, the following must exist: 

(1) Quorum of three (3) members of the Commission 

shall constitute a quorum. 

(2) All voting actions of the Commission shall be taken 

by a majority vote of those members present at the 

meeting. The Commission Chairperson may vote 

on any issue. 

(3) Meetings location, day, time shall be established by 

the Commission. Notice of a special meeting shall 

be given in writing to each Commissioner, served 

by first class mail or personal delivery at least five 

(5) business days before such meeting. Meetings 

may be called at any time, by any means, with 

unanimous consent of the Commissioners. 

Page 32 of 32 
Cloverdale R. 'cheria Tribal Gaming Or nance 

XIV. Conflict of Interest 

A. Where any investigation by the Commission (whether investigation of 

suspected violation of applicable law or regulation by the Gaming Facility 

andlor its employees, background investigations for licenses, or other 

suitability determination) involves a member of the immediate family (i.e. 

father, mother, sister, brother, husband, wife, child or step relative), of any 

member of the Commission or Commission staff including Investigators, 

or anyone with whom such Commissioner or staffmember shares a 

financial interest in a business, property or other investment, such 

Commissioner or staff member shall immediately excuse himherself fkom 

any such investigation and shall be denied access to the documents, files, 

and other information that are used in the investigation. A failure to 

excuse oneself on the part of a Commissioner shall be grounds for 

disciplinary actions by the Tribal Council, and any such failure on the part 

of any staff member, shall be grounds for suspension or termination. The 

Commission may adopt regulations regulating the conduct of 

Commissioners and &her detining what constitutes a conflict of interest 

under this Ordinance provided that the regulations are consistent with the 

provision of this section. 

Page 33 of 33 
Cloverda1.e . .cheria Tribal Gaming 0 nance 

XV. Mandatory DU~~ to Report Theft 

A. Whenever the Gaming Commission knows or has probable cause to 

believe, based upon reliable information, that a theft or embezzlement 

("theft") of Gaming Facility hds has occurred, the Commission shall 

immediately not@ the Tribal Council, and the General Manager, or, in the 

event that the suspect is the General Manager, the Tribal Council shall be 

notified, that such conduct has been committed and shall immediately 

report the theft and file a complaint with the appropriate law enforcement 

agency (i.e., Federal Bureau of Investigation, Bureau of Indian Affairs 

Special !Officer, Tribal Police Officer, Sonoma County Sheriffs 

Department). 

Page 34 of 34 
Cloverdale R. .rcheria Tribal Gaming Or nance 

XVI. Gaming Observation Systems 

A. The Gaming Commission shall install, operate and maintain adequate 

observation systems to assure the security of the gaming operations. 

B. The Gaming Commission shall provide adequate staff of observation 

personnel to maintain 24-hour observation in coordination with the Tribal 

Police or Casino Security Department. 

C. The Gaming Commission Observation Staffwill meet NIGC security 

clearances and will be required to have completed adequate investigative 

training commensurate with their responsibilities. 

D. The Observation Staff are employed and directly supervised by the 

Gaming Commission, but will work cooperatively with Tribal Police or 

Casino Security Department. 

Page 35 of 35 
Cloverdale A cheria Tribal Gaming 0 nance 

XVII. Violations 

A. No person shall operate or conduct any gaming activity in a Gaming 

Facility within the boundaries of Tribal Lands without a gaming license 

issued by the Gaming Commission as required by this Ordinance. 

B. No person shall knowingly submit false or misleading information to the 

NIGC or the Tribe in response to any provision of the IGRA, Chapter 111 

in Title 25 C.F.R. or a Tribal Ordinance or resolution that the Chairperson 

has approved under parts 522 or 523 in Title 25 C.F.R 

C. No management contract shall fail to account fblly for all monies received 

or collected in connection with gaming activities or to file any report 

required by management contract. 

D. A Gaming Facility shall not rehe to allow an authorized representative of 

the NIGC or an authorized Tribal Official to enter or inspect a Gaming 

Facility in violation of 25 C.F.R. Section 571 or Section 571.6 or of a 

Tribal Ordinance or resolution approved by the Chairperson under parts 

522 in Title 25 C.F.R. 

E. No person under the age of eighteen (1 8) years shall be employed by a 

Gaming Facility or shall otherwise be permitted to participate in any 

gaming activities. 

F. No person shall engage in cheating, operating, or playing in a manner 

which is in violation of the written or commonly understood rules of the 

game, with the intent to create for himseWherself or someone in privity 

with himlher an advantage over and above the chance of gaming, in any 

gaming activity or engage in any fraudulent conduct affecting either the 

Tribe or a customer of a gaming operation. 

G. No person, other than an officer of the Sonoma County Sheriff's 

Department, Cloverdale City Police, Federal Law Enforcement Agency or 

Law Enforcement of the Tribal PoliceISecurity Department, may enter or 

remain in a gaming establishment licensed under this Ordinance while in 

the possession of a firearm or other weapon. 

H. Any person who is in privity with a person who violates this Ordinance 

shall be deemed to be in violation of the Ordinance to the same extent as 

the violator, and shall be treated accordingly. 

Page 36 of 36 
Cloverdale cheria Tribal Gaming 0 nance 

I. No perion, whether playing in or conducting any gaming activity 

authorized under this Ordinance, shall: 

1. use bogus or counterfeit cards, or substitute or use any game cards 

that have been tampered with; 

2. employ or have on one's person any cheating device to facilitate 

cheating in any gaming activity; or 

3. knowingly cause, aid, abet or conspire with another person or 

cause any person to violate any provision of this Ordinance or any 

rule adopted under this Ordinance. 

J. A Gaming Facility shall be constructed, maintained, and operated in a 

mannei that does not threaten the environment or the public health and 

safety. 

K. Alcohol, which is not for sale by the licensee to customers, andlor 

controlled substances are not to be brought into the Gaming Facility. 

L. Drugs, are not to be brought onto the premises of the Gaming Facility or 

its grounds, all persons involved will be found in violation of this 

Ordinance and will be treated in the manner prescribed within this Gaming 

Ordinance. An exception will be made at the discretion of the Gaming 

Comrnission, provided the person has a doctor's prescription. 

M. If Management fails to correct violations within the time permitted in a 

notice of violation issued by the National Indian Gaming Comrnission or 

within meen (I 5) calendar days after the Gaming Commission provides 

notice of a violation, such failure shall be deemed as fiuther violation by 

the Management. 

N. The Gaming Commission cannot foresee or anticipate any and all 

violations. The Gaming Commission reserves the right to take action, 

issue orders and promulgate such regulations, as the Gaming Comrnission 

may deem necessary to properly and filly protect the integrity of the 

Cloverdale Rancheria or its gaming facility. 

Page 37 of 37 
Cloverdale cheria Tribal Gaming 0 nance 

XVIII. Notice of Violation 

A. The Gaining Commission may issue a notice of violation to any person for 

violation of any provision of this Ordinance. 

1. Notice of Violation shall contain: 

(a) a citation to the Ordinance provision that has been or is 

being violated; 

(b) a description of the circumstances surrounding the 

evolution set forth in common and concise language; 

(c) measures required to correct the violation; 

(d) a statement that the violation must be corrected within five 

calendar days fiom the date the notice was issued; 

(e) a statement of the alleged violator's rights of appeal; and 

the amount of civil fines that the alleged violator must pay 

pursuant to Section XX. 

2. In issuing a Notice of Violation under this Ordinance the Gaming 

Commission may: 

(a) impose a civil fine not to exceed five hundred ($500.00) 

dollars for each violation and, if such violation is a 

continuing one for each day, that the violation occurs; 

and/or 

(b) impose a penalty of one hundred ($1 00.00) dollars per day 

or failure to submit to the Gaming Commission any report 

required under this Ordinance when it is due, and onethousand ($1,000.00) dollars per day for failure to file any 

such report after three-day notice and demand. 

3. The Gaming Commission shall review each notice of violation to 

determine whether a civil fine will be assessed, the amount of the 

fine and, in the case of continuing violation, whether such daily 

violation will be deemed a separate violation for purposes of the 

total civil fine assessed. 

(a) Within five (5) calendar days after service of a notice of 

violation, the alleged violator shall submit written 

information about the violation and any corrective 

measures undertaken to the Gaming Commission. The 

Gaming Commission shall consider any information so 

submitted in determining the facts surrounding the 

violation and the amount of the civil fine; 

(b) The Gaming Commission shall serve a copy of the 

proposed assessment on the alleged violator within ten (1 0) 

calendar days after the Notice of Violation was issued, 

when practicable; and 

Page 38 of 38 
Cloverdale A ncheria Tribal Gaming Oruinance 

(c) The Gaming Commission may review and reassess any 

civil fine if necessary to consider facts that were not 

reasonably available on the date of issuance of the 

proposed assessment. 

4. If the alleged violator fails to request a hearing as provided in this 

Ordinance, the proposed civil fine assessment shall become a final 

order of the Gaming Commission. 

'(a) civil fines assessed under this section shall be paid by the 

person assessed and shall not be treated as an operating 

expense of the Gaming Facility; and 

(b) ifcivil fines are treated as an operating expense of the 

gaming facility, the Gaming Commission may find the 

person in further violation that would be remedied by 

actions upon licensure. 

(c) the Gaming Commission shall transfer civil fines paid 

under this Ordinance to the Cloverdale Rancheria Tribal 

Council Treasurer on behalf of the Cloverdale Rancheria 

for deposit. 

Page 39 of 39 
Cloverdal'e A rcheria Tribal Gaming Orulnanee 

XIX. Enforcement 

A. The Gaming Commission shall take any one or a combination of the 

following actions with respect to any person who violates any provision of 

this Ordinance: 

1. Suspend or revoke any gaming license issued by the Gaming 

Commission. 

2. Bring an action in a court of competent jurisdiction for imposition 

of one or more of the following sanctions; 

3. Seizure of any gaming apparatus, proceeds, or other property of a 

licensee connected with the gaming activities engaged in by the 

licensee; 

4. Collection of any unpaid fees, interest, penalties, and of any civil 

fines unpaid after thirty (30) calendar days; or 

5. Execution on any nonexempt property of a violator located within 

the exterior boundaries of the Cloverdale Rancheria. 

B. Civil actions may be brought by the Gaming Commission pursuant to this 

Ordinance in any court of competent jurisdiction to enforce the imposition 

of any and all sanctions provided for under this Ordinance. 

Before taking any action authorized in Section XVIII and XIX of this 

Ordinance, the Gaming Commission shall use its best efforts to notifir the 

alleged violator, in person or by letter delivered to hisher last known 

address, of the charges against himher, and allow the alleged violator an 

opportunity for a prompt hearing. If the alleged violator fails to respond, 

or cannot be found, the Gaming Commission may proceed with a hearing 

notwithstanding, and take such action as it deems appropriate. Said notice 

of the alleged violation shall be served at least three (3) business days 

prior to the hearing. 

D. Every person who applies for a gaming license, and accepts such license; 

thereby acknowledges the civil enforcement jurisdiction and authority of 

the Gaming Commission under this Ordinance to order an execution on 

hisher fiuther conduct of gaming activities and the seizure of hisher 

gaming equipment or proceeds or other property, upon a proper finding of 

the Gaming Commission or the court that the person has violated a 

provision of this Ordinance, despite lack of actual notice, provided that the 

Gaming Commission has used its best efforts to notifir the person, in 

person or by letter delivered to hiier last known address. 

Page 40 of 40 
Cloverdale A~ icheria Tribal Gaming Ot-dnance 

XX. Hearings and Appeals 

A. This Section provides procedures for appeals to the Gaming Commission 

regarding: 

1. aviolationallegedinanoticeofviolation;and 

2. civil fines assessed by the Gaming Commission in this Ordinance. 

B. The Gaming Commission shall hold a hearing on the proposed revocation 

of a gaming license held by a Primary Management Official or Key 

Employee after it has suspended such license pursuant to 25 CFR Section 

558.5. The licensee shall be notified by the Cloverdale Rancheria Gaming 

Co&sion,of the time and place for hearing. After the hearing, the 

Gaming Commission shall decide to revoke or reinstate the gaming 

license. The Gaming Commission shall not% the National Indian 

Gaming Commission of its decision. 

C. Any licensee paying a civil fine or penalty for any violation enumerated in 

this Ordinance because of excusable neglect may petition the Gaming 

Commission for partial or full waiver of suit, fine or penalty. The petition 

shall be filed within thirty (30) business days after the payment was made. 

D. Any person aggrieved by a decision made or action taken by the Gaming 

Commission without notice and opportunity for hearing to the aggrieved 

person may petition the Gaming Commission for a hearing and 

reconsideration. The petition shall be filed within thirty (30) business 

days after the petitioner knew or should have known of the decision or 

action. The Gaming Comrnission shaU grant a prompt hearing upon 

receiving such a petition, and shall reconsider its decision or action, 

affirm, mod*, reverse and/or vacate the Gaming Commission's order in 

light of what is presented at a hearing. 

E. The Gaming Commission must create and implement regulations that 

define the process of hearings and appeals. The regulation must include at 

a minimum provisions that provide for notification; detailed hearing 

process; witness oaths and perjury; decision process and notification of 

decision made. 

F. The decision of the Gaming Commission is final. 

Page 41 of 4 1 
Cloverdale A icheria Tribal Gaming Or,rnance 

XXI. Dispute Resolution 

A. Any patrons who have a complaint against the Gaming Facility shall have 

the right to file a petition for relief with the Gaming Commission For 

such disputes with any management contractor or its employees 

shall bemade to the Gaming Commission, and such shall be the exclusive 

remedy for patron complaints. Complaints shall be submitted in writing 

and at the discretion of the Gaming Commission, the petitioner may be 

allowed to present evidence. The Gaming Commission will render a 

decision in a manner described by Commission regulations, and all such 

decisions will be fkd when issued. Any patron having a claim against the 

Gaming Facility or a management contractor or its employees must submit 

such claim to the Gaming Commission within thirty (30) days of its 

occurrence or within such time periods as the Commission shall establish 

by regulation. All claims by patrons shall be limited to a maximum 

recovery and a cumulative per patron in any twelve (1 2) month period, 

payable by the Gaming Facility or its insured for any actual damages 

sustained by the patron. The limitations shall be set by the Tribal Council 

and established by Commission regulation. 

B. The Tribal Council will establish a Tort Liability Ordinance that will meet 

the minimum standards called forth in the Tribal-State Compact. 

Page 42 of 42 
Cloverdale k .rcheria Tribal Gaming 0 rnance 

XXII. Ejection from Gaming Facility 

A. Notice of warning regarding the improper conduct set out in Section XVII 

of this Ordinance or other Gaming Facility rules established and enforced 

by the Gaming Facility shall be posted at the entrance of each Gaming 

Facility andlor given to the customer upon entering the premises. 

B. The following improper conduct shall result in ejection of a customer fiom 

any Gaming Facility: 

1. cheating; 

2. possession of weapons in the Gaming Facility; 

3. possession of alcohol that has been brought by a customer or 

unauthorized person into the Gaming Facility; 

4. possession of a controlled substance in the Gaming Facility; 

5. distribution, sale, or consumption of alcohol or drugs on the 

Gaming Facility grounds or in the Gaming Facility; 

6. disorderly conduct, including the willful or wanton disregard for 

the rights of others; and 

7. prostitution 

8. any other acts which is disruptive to the Gaming Facility. 

C. Failure by a customer to provide proof of age when requested by Gaming 

Facility personnel shall result in ejection of the customer fiom the 

premises but admission fees (if any) shall be refimded. 

D. Ejection of a customer shall be accomplished by the Tribal PoliceITribal 

or Casino Security with support and acknowledgement of the Observation 

Department. Additional support may be requested by the contracted Law 

Enforcement Services of the Tribe. 

E. Removal of persons within the Gaming Facility when in coordination with 

contracted Law Enforcement shall be done in accordance with approved 

agreements between the Cloverdale Tribal Council and contracted 

Enforcement Agencies. 

F. Either the Employee Manager or Management Contractor of the Gaming 

Facility or an alternate designated by either shall be present at all times to 

resolve complaints by customers involving the operation of bingo and 

Class I Class 11 and Class I11 games at the establishment. 

G. If the Employee Manager or Management Contractor or their alternates 

are unable to resolve any dispute, as provided in (D), the matter may upon 

request of the customer, be referred to the Gaming Commission for 

resolution. The decision of the Gaming Commission on any dispute so 

referred to it for resolution shall be final. 

Page 43 of 43 
Cloverda1,e A ncheria Tribal Gaming 01 rnance 

XXIII. Service 

A. The Cloverdale Rancheria Tribal Council hereby designates the Tribal 

Council Chairperson as an agent for service of any official determination, 

order, or notice of violation submitted by the National Indian Gaming 

Commission. 

Page 44 of 44 
Cloverdale A ncheria Tribal Gaming Oruinance 

XXIV. Applicable Law 

A. AU controversies involving contracts relating to Gaming entered into 

under the authority of the Gaming Commission on Tribal Lands shall be 

resolved as appropriate, in accordance with: 

1. The Laws of the Cloverdale Rancheria 

2. The Indian Gaming Regulatory Act; 

3. National Indian Gaming Regulations 

4. State Compact 

Page 45 of 45 
Cloverdale cheria Tribal Gaming 01 'nance 

XXV. Savings Provision 

A. If any provision of this Ordinance or the application thereof to any person 

or circumstances is held invalid, the invalidity shall not affect other 

provisions or applications of the Ordinance which can be given effect 

without the invalid provision or application, and to this end, the provisions 

of this Ordinance are several. 

Page 46 of 46 
Cloverdale A .icheria Tribal Gaming Oruinance 

XXVI. Amendments 

A. The Cloverdale Tribal Council is hereby delegated the authority to 

amend this Ordinance in any manner deemed appropriate by 

Cloverdale Rancheria General Council to protect the best interests 

of the Cloverdale Rancheria; provided, however, that the 

Cloverdale General Council shall have no authority to enact any 

amendment to this Ordinance that is less restrictive of federal law 

or would be inconsistent with the terms of an approved TribalState Class 111 compact that is in effect. 

Page 47 of 47 
Cloverdale A icheria Tribal Gaming OrUinance 

A. Upon approval of this Ordinance by the Secretary of Interior, all other 

gaming ordinances previously enacted or amended by the Cloverdale 

General Council or Tribal Council are hereby repealed. 

Page 48 of 48