Bruce R. Greene, Esq. 

Greene, Meyer & McElroy 

1007 Pearl Street, Suite 220 

Boulder, CO 80302 

Dear Mr. Greene: 

This letter responds to your request to the National Indian Gaming Commission (NIGC) for 

the review and approval of the Confederated Tribes of Coos, Lower Umpqua and Suislaw 

Indians (Tribes) Gaming Ordinance No. 30B. The Tribal Council enacted an amendment to 

its ordinance by Resolution No. 03-065 on December 8,2003, and affirmed the authenticity of 

the Gaming Ordinance by Resolution No. 03-066 on December 8,2003. The NIGC received 

the submission on December 17,2003. 

This letter constitutes approval of your submission under the Indian Gaming Regulatory Act 

(IGRA). It is important to note that the Gaming Ordinance is approved for gaming only on 

Indian lands, as de 

exercise j&

the IGRA and the NIGC regulations, over which the Tribes 

ng the Tribes' Gaming Ordinance. The NIGC staff and I look forward 

ribes in implementing the IGRA. 

cc : Tribal Council of the Confederated Tribes of the Coos, Lower Umpqua, and 

Suislaw Indians 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100. Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 www.~~c;c.cov 

REGIONAL OFFICES Portland, OR; Sacramento. CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK 
CONFEDERATED TRIBES OF 

@ COOS, LOWER UMPQUA AND SIUSLAW INDIANS 

TRIBAL GOVERNMENT OFFICES 

1245 Fulton Ave. Coos Bay, OK 97420 (541)888-9577 1-888-280-0726 

''o%?R Lfl~'' General Office Fax: (54 1)8882853 Administration Fax: (54 1 ) 888-0302 

RESOLUTION NO: 03-066 > i Date of Passage: December 8, 2003 ! 6' ., , ,. . Subject (title): Authenticity of Gaming Ordinance No. 30B 

WHEREAS: This Council is the Governing Body of the Confederated Tribes of Coos, Lower 

Umpqua and Siuslaw lndians and is authorized to act on behalf of said Tribes; and 

WHEREAS: The Tribal Constitution requires all final decisions of the Tribal Council on matters of 

general and permanent interest of the members of the Confederated Tribes be 

embodied in Codes; and 

WHEREAS: On January 12, 2003, the Tribal Council approved the Gaming Ordinance, No. 30, 

which establishes the rules and procedures for the conduct of class II and class Ill 

gaming on tribal lands; and 

WHEREAS: On August 25, 2003, the Tribal Council approved an amendment to the Gaming 

Ordinance, No. 30, and substituting that amended ordinance, which was renumbered 

No. 30A, for the ordinance approved on January 12, 2003; and 

WHEREAS: On December 8, 2003, the Tribal Council approved a second amendment to the 

Gaming Ordinance, No. 30A, and substituting that second amended ordinance for 

the ordinance approved on August 25, 2003 and renumbering the ordinance to No. 

30B. 

THEREFORE BE IT RESOLVED, that the Tribal Council of the Confederated Tribes of Coos, Lower 

Umpqua and Siuslaw lndians hereby affirms that the Gaming Ordinance, No. 308, is authentic. 

CERTIFICATION: On December 8, 2003, this Resolution was adopted at a Special Council 

Meeting, held this date, and the vote was: 

7 FOR 

.@ AGAINST 

Bob Garcia, Vice-Chairperson 

Councilperson 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLAW INDIANS 

ORDINANCE 30B 

TITLE 5 - REGULATORY PROVISIONS 

CHAPTER 5-2 GAMING . . . - _ (7 

-. 8 77-. 

Lub; 5-2-1 Authoritv and Purpose 

The Council has authority to adopt this Gaming Code under the Tribal Constitution 

Article I - Section 1 and Article VI - Section 2. The Constitution does not require 

approval of the Code or any amendment thereof by the Secretary of the Interior. 

The Code or amendment is effective upon approval of the National lndian Gaming 

Commission (NIGC) under the lndian Gaming Regulatory Act (IGRA), in 

accordance with section 5-2-25 of this Code. The purpose of this Code is to set 

forth the terms for Class II and Class Ill gaming operations on tribal lands. 

5-2-2 Gaming Authorized 

(a) Class II and Ill gaming as defined in the IGRA, P.L. 100-447, 25 U.S.C., 

Section 2703 (7) and (8) and by the regulations declared by the NIGC at 25 C.F.R. 

§ 502.3 and 502.4 is hereby authorized. 

(b) The Tribes hereby authorize Class Ill gaming in accordance with any 

TribalIState Class Ill gaming compact in force and effect between the Tribes and 

the State, and the appendices attached hereto is hereby authorized. Such 

compacts are hereby incorporated by reference as if set forth fully herein and is 

enacted as part of this Code. No Class Ill gaming shall be conducted except in 

accordance with such a compact. 

5-2-3 Definitions 

The following definitions shall apply: 

(a) "Bvlaws": an operating document of the Confederated Tribes of the Coos, 

Lower Umpqua and Siuslaw Indians ('Tribes' or 'Confederated Tribes') Gaming 

Commission. 

(b) "Chairman": the Chairman of the NIGC. 

(c) "Class I Gaminq": social games played solely for prizes of minimal value, or 

traditional forms of lndian gaming when played by individuals in connection 

with tribal ceremonies or celebrations. 

(d) "Class II Gaminq": 

(1) The game of chance commonly known as Bingo or lotto (whether or not 

electronic, computer or other technologic aids are used) when players: 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLA W INDIANS 

(A) Play for prizes with cards bearing numbers or other designations; 

(B) Cover numbers or designations when objects, similarly numbered or 

designated, are drawn or electronically determined; and 

(C) Win the game by being the first person to cover a designated 

pattern on such cards; 

(2) If played in the same location as bingo or lotto, pull-tabs, punch boards, 

tip jars, instant bingo, and other games similar to bingo; 

(3) Nonbanking card games that: 

(A) State law explicitly authorizes, or does not explicitly prohibit, and are 

played legally anywhere in the state; and 

(B) Players play in conformity with state laws and regulations 

concerning hours, periods of operation and limitations on wagers and 

pot sizes; 

(e) "Class Ill Gaminq": all forms of gaming not classified Class I or II including but 

not limited to: 

(1) Any house banking game, including but not limited to: 

(A) Card games such as baccarat, chemin de fer, or blackjack (21), and 

pai gow (if played as house banking games) 

(B) Casino games such as roulette, craps and keno; 

(2) Any slot machines as defined in 15 U.S.C. 11 71 (a) (1) and electronic or 

electromechanical facsimiles of any game of chance; 

(3) Pari-mutuel wagering including but not limited to wagering on horse 

racing, dog racing or jai alai; or 

(4) Lotteries. 

(f) "Commission": the Confederated Tribes Gaming Commission 

(g) "Cor~oration": any tribally chartered corporation responsible for developing, 

financing and operating Class II and Class Ill gaming activities of the 

Confederated Tribes on Confederated Tribes' Indian Lands. 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLA W INDIANS 

(h) "Gam blina Device": 

(1) Any so-called 'slot machine', or any other machine or mechanical 

device an essential part of which is a drum or reel with insignia thereon, and 

(A) Which when operated may deliver, as the result of the application of 

an element of chance, any money or property, or 

(B) By the operation of which a person may become entitled to receive, 

as the result of the application of an element of chance, any money or 

property; or 

(2) Any other machine, mechanical device (including, but not limited to, 

roulette wheels and similar devices), electromechanical or electronic device 

designed and manufactured primarily for use in connection with gambling, 

and 

(A) which when operated may deliver, as the result of the application of 

an element of chance, any money or property, or 

(B) by the operation of which a person may become entitled to receive, 

as the result of the application of an element of chance, any money or 

property; or 

(C) any subassembly or essential part intended to be used in 

connection with any such machine, mechanical device or 

electromechanical or electronic device, but which is not attached to any 

such machine, mechanical device or electromechanical or electronic 

device as a constituent part. 

(i) "Gaming Facility" The buildings and grounds on Confederated Tribes' lndian 

Land where gaming, other than Class I gaming is operated or conducted, and any 

property that is used by the Tribes in connection with gaming, including any 

property used to store gaming equipment, supplies or records. 

(j) "Gaminq Operation": Each economic entity authorized by this Code and 

licensed by the Confederated Tribes' Gaming Commission, that operates the 

games, generates the revenues, issues the prizes, and pays the expenses. A 

gaming operation may be operated by a tribe directly or through a tribally 

chartered corporation, or a management contractor. 

(k) "Confederated Tribes Indian Land" or "Indian Land": 

(1) Land within the limits of the Confederated Tribes' jurisdiction or 

reservation; or 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SlUSLA W INDIANS 

(2) Land over which the Tribes exercise governmental power and that is 

either: 

(A) Held in trust by the United States for the benefit of the Tribes or any 

Indian individual; or 

(B) Held by an Indian Tribe or individual subject to restriction by the 

United States against alienation. 

(I) "Hiqh Securitv Gamins Emplovee": any person who does not possess levels of 

authority indicative of a Primary Management Official and are employed in a Class 

II or Class Ill gaming area or security or surveillance, or has access to gaming 

cash or cash equivalents. 

(m) "Key Employee" : 

(1) For purposes of the Compact, Key Employee means any officer or any 

person who can substantially affect the course of business, make decisions, 

or is in a sensitive position in an organization or corporation that is a Class 

Ill Gaming Contractor or applicant for a Tribal gaming license. 

(2) For all other purposes, Key Employee means: 

(A) A person performing one or more of the following: 

(i) bingo caller; 

(ii) counting room supervisor; 

(iii) chief of security; 

(iv) custodian of gaming supplies or cash; 

(v) floor manager; 

(vi) pit boss; 

(vii) dealer; 

(viii) croupier; 

(ix) approver of credit; or 

(x) custodian of gambling devices including persons with access 

to cash and accounting records within such devices. 

(B) Any other person whose total cash compensation is in excess of 

$50,000 per year; or 

(C) The four most highly compensated persons in the gaming 

operation. 

(n) "Licensee": Any person or entity that holds a valid and current license 

pursuant to the provisions of this Gaming Code. 

REGULATORY PROVISIONS 

GAMING 
1 

STATUTES of the CONFEDERA TED TRIBES of the COOS, LOWER UMPQUA AND SIUSLA W INDIANS 

(0) "Low Security Gamins Employee": any person who does not possess levels of 

authority indicative of a Primary Management Official or High Security Gaming 

Employee. 

(p) "NIGC": The National Indian Gaming Commission 

(q) "Net Revenue": Gross gaming revenues of the operation less amounts paid 

out as, or paid for, prizes and total gaming-related operating expenses, excluding 

management fees, if any. 

(r) "Primary Management Official": 

(1 ) The person having management responsibility for a management 

contract. 

(2) The person with authority to hire and fire or set up working policy for the 

gaming operation; or 

(3) The Chief Financial Officer or other person who has financial 

management responsibility. 

(s) "State": The State of Oregon 

(t) "Tribal State Compact" or "Com~act": The agreement negotiated and executed 

by the Tribes and an official or agency of the State and approved by the Secretary 

of the Interior pursuant to 25 U.S.C. 2710(d)(8), governing the conduct of Class Ill 

gaming on Indian lands. Tribal State Compact for Regulation of Class Ill Gaming 

Between the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians 

and the State of Oregon, dated January 6, 2003. 

(u) "Tribes" or "Confederated Tribes": The Confederated Tribes of the Coos, 

Lowers Umpqua & Siuslaw Indians. 

(v) "Tribal Council" or "Council": The Tribal Council of the Confederated Tribes of 

the Coos, Lower Umpqua and Siuslaw Indians. 

(w) "Tribal Court" or "Court": The Tribal Court of the Confederated Tribes of the 

Coos, Lower Umpqua and Siuslaw Indians. 

(x) "Vendor": Any manufacturer, consultant or supplier of goods or services 

related to Class II or Class Ill gaming. 

The Tribes shall have sole proprietary interest in and responsibility for conducting 

any Class II and Class Ill gaming operations authorized by this Code. 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLAW INDIANS 

5-2-5 Unauthorized Gaming 

The Tribes shall initiate an action against any person or entity conducting or taking 

part in unauthorized Class II or Class Ill gaming on Confederated Tribes' Indian 

Land in the Tribal Court, or if the Tribal Court lacks jurisdiction in any court of 

competent jurisdiction. 

5-2-6 Use of Revenue 

Net revenue from Class II and Class Ill gaming shall be used only for the following: 

funding tribal government operations and programs; providing for the general 

welfare of the Tribes and their members; promoting tribal economic development; 

donations to charitable organizations, or helping to fund operations of local 

governmental agencies. At least ten percent (10%) of net revenues after debt 

service shall be allocated to Tribal endowments for increased health care benefits, 

education and housing. The Finance Officer shall make this calculation at the end 

of the first quarter after the end of each full year of operation. 

5-2-7 Gaming Commission 

(a) The Gaming Commission is hereby established to regulate Class II and Class 

Ill gaming on Confederated Tribes' Indian Land. The Commission shall consist of 

three (3) members appointed by a majority vote of the Council. All Commissioners 

must be at least twenty-one (21) years of age. Commission membership shall 

include one (1) each of the following persons: 

(1 ) The Chief Law Enforcement Officer of the Tribes who shall also be the 

Chief Enforcement Officer for the Commission, and who shall be appointed 

by the Council, is a permanent member of the Commission until such time 

helshe is fired by the Council or resigns, and 

(2) A person with management or regulatory experience within the private 

sector or a governmental agency, preferably tribal government, and 

(3) A person with at lease ten (10) years of accounting experience, or a 

person with a bachelor's degree in accounting or related field and at least 

five (5) years of accounting experience. 

(b) Commissioners, other than the Chief Law Enforcement Officer of the Tribes, 

shall serve terms of three (3) years and may be removed from office prior to the 

end of their term only for cause and a vote of six (6) Council members at an open, 

regular meeting. 

(c) In order to establish staggered terms, the Council shall appoint the first 

Commissioners as follows: one shall serve a two- (2) year term and one shall 

serve a three- (3) year term, (initial terms only). After the initial term, all 

REGULATORY PROVISIONS 

GAMMG 
STATUTES of the CONFEDERA TED TRIBES of the COOS, LOWER UMPQUA AND SIUSLA W INDIANS 

subsequent terms of appointment shall run for three (3) years. Vacancies shall be 

filled within sixty (60) days by the Commission, with the approval of Council, 

provided, however, that a Commissioner whose term has expired shall hold his or 

her seat until it is filled. A vacancy shall be deemed to occur when a 

Commissioner is removed, resigns or upon expiration of his or her term without 

regard to whether the Commissioner seeks reappointment. When a vacancy 

occurs, or is about to occur, notice of such vacancy shall be published and posted, 

for at least fifteen (15) days. The notice shall identify the qualifications, if any, 

specific to the vacancy and request interested parties to file a statement with the 

Commission reflecting their qualifications and interest in serving as a Commission 

member. Upon termination of the notice period, the Commission shall develop 

selection procedures which are designed to promote appointment of the most 

qualified person. 

(d) Commissioners, other than the Chief Law Enforcement Officer, may hold other 

non-elective and non-managerial tribal positions and may engage in business and 

gamble in any gaming operation, provided, however, that they may not be 

employed in or own any interest in or gamble in a gaming operation authorized by 

this Code. Additionally, Commissioners and their agents may not participate in the 

management of the Gaming Facility. 

(e) Commissioners, shall be compensated at a rate established annually by the 

Commission and approved by the Council. Commissioners shall be reimbursed for 

actual expenses incurred on Commission business, including necessary travel 

expenses, in a manner consistent with the applicable policies and procedures of 

the Tribes. 

(f) The Commission shall adopt bylaws for the conduct of business, which shall 

include the following provisions: 

(1) The Commission shall select annually from its membership a Chair, 

Vice-Chair and Executive Secretary. The Chair shall have the power to 

convene special meetings with not less than forty-eight (48) hours' written 

or verbal notice to members of the Commission. 

(2) General sessions of the Commission shall be open to the public. 

(3) Executive sessions of the Commission shall not be open to the public. 

The Commission may only take official action while in executive session on 

Commission personnel and licensing matters. 

(4) A quorum shall consist of two (2) members. All decisions shall be made 

by a majority vote provided, however, that no Commission action shall be 

taken by a vote of less than a majority of the full Commission unless 

indicated otherwise in this Code or the Bylaws. 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS. LOWER UMPQUA AND SIUSLA W INDIANS 

(g) The Commission shall make quarterly reports to the Council within thirty (30) 

days of the end of each quarter. The reports shall include a summary of all 

licensing and enforcement actions. 

(h) The Commission shall exercise all powers necessary to regulate Class II and 

Class Ill gaming on Confederated Tribes' Indian Land. . The Commission shall 

meet not less than once every two (2) months to hear recommendations and set 

policy, to hear reports from the Director, to make licensing, suitability and approval 

determinations, to conduct disciplinary hearings, to hear player dispute appeals, 

and to transact other business. The Commission shall publicize rules and 

regulations for the operation of any gaming facility and hear and resolve all 

disputes regarding any provision of the Code and rules and regulations 

promulgated by the Commission. In all decisions, the Commission shall act to 

promote and ensure integrity, security, honesty and fairness of operation and 

administration of all gaming activities. The Commission shall have the authority to 

approve, deny, limit, condition, suspend, revoke or restrict any license, or assess a 

fine against any person or entity licensed, or required to be licensed for any cause 

deemed reasonable. 

(i) The duties of the Commission shall include, but are not limited to, the following: 

(I) Processing all license applications, making determinations regarding 

the suitability of persons for licensing, issuing licenses to qualified persons 

and notifying the NlGC of the issuance of such licenses as required by the 

IGRA; 

(2) Denial, limitation, revocation, rescission or suspension of any license 

when deemed necessary under the provisions of this or any related Law of 

the Tribes, or any applicable Federal or State law; 

(3) Causing to be conducted background investigations on all Primary 

Management Officials, High Security Gaming Employee, Low Security 

Gaming Employees, Vendors, Commission Employees and members of the 

Commission; 

(4) Designing, printing and making available all necessary license 

application forms and appropriate licenses; 

(5) Collecting license fees imposed pursuant to this Code or rule or 

regulation promulgated by the Commission; 

(6) Inspecting and examining all premises, equipment and supplies where 

gaming is conducted or gaming devices or equipment are stored, sold or 

distributed; 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLAW INDIANS 

(7) Inspecting and reviewing all gaming contracts to ensure compliance 

with this Code; and inspecting and reviewing records, books and financial 

documents relating to the conduct of gaming to determine compliance by 

the licensee with this Code and any other applicable law; 

(8) Promulgating and amending such substantive and procedural 

regulations as the Commission deems necessary to carry out this Code and 

the Tribal State Compact, but only upon thirty (30) days' notice of the 

proposed rule-making, which notice shall be posted at the gaming facility, 

the Tribal offices and the Community Center, and provided to the Council, 

and the management of any licensed gaming facility; 

(A) The notice shall specify the purpose of the proposed regulation, the 

language of the proposed regulation, and the factors the Commission 

has considered in its determination to enact the proposed regulation, 

and an address at which the Commission shall receive comments. 

(B) During the notice period, the Commission shall receive comments 

regarding the proposed regulation at the Commission offices, or at a 

designated mailing address. 

(C) The Commission shall consider comments received by it at an open 

public meeting. The Commission shall make a final determination 

regarding the need for the proposed regulation, the language of the 

proposed regulation, and the effective date of the proposed regulation 

on the basis of the information available to the Commission. 

(D) A final determination to enact a proposed regulation may be 

appealed to Tribal Court as provided in Section 5-2-23 if this Code. 

(9) Consulting with Tribal Attorney on legal questions, appeals and rule 

making; 

(10) Imposing civil penalties or other sanctions including seizure of 

property, after a hearing as provided by this Code; 

(1 1 ) Excluding individuals from the gaming facility due to his or her criminal 

acts, criminal history or association with career offenders or career offender 

organizations (as defined by the Commission) which may pose a threat to 

the security and integrity of the gaming operation. 

(12) Executing all duties assigned to the Commission in the Tribal State 

Compact, or delegating those duties when appropriate. 

(13) Ensuring that currency and negotiable instruments are transported by 

a reputable insured armored car service. 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLA W INDIANS 

Cj) A Commissioner's seat shall be immediately vacant upon conviction of any 

felony, conviction of any misdemeanor related to illegal gambling or bribery, or 

upon having three (3) consecutive unexcused absences from Commission 

meetings. Cause for removal of a Commissioner shall include but not be limited to: 

excessive use of intoxicants which impairs performance of duties, use of a tribal 

position for personal gain, failure to perform Commission duties adequately or 

according to this Code, violation of any law of the Confederated Tribes and 

bringing discredit or disgrace to the Commission or the Tribes. 

(k) The Commission may organize itself into divisions, as it may deem necessary. 

The Commission shall establish its own budget for operations, including a budget 

for the Director (chief law enforcement officer), and acquire such furnishings, 

equipment, supplies, books, and other things as it may deem necessary or 

desirable in carrying out its functions, and incur such other expenses, within the 

limit of funds available to it, as it may deem necessary. Within the limits of its 

approved budget, the Commission shall employ and fix the salaries of, or contract 

for, the services of such personnel and consultants as the execution of its duties 

requires. The annual Commission budget shall be published with the Tribes' 

Annual Budget. 

(I) At the end of the budget year, any unexpended funds may be applied to the 

following year's budget at the Council's discretion. 

(m) The Commission and the Director shall maintain files and records as they 

deem desirable and all such records are open to Council inspection as Council 

deems appropriate, unless otherwise restricted by Tribal, state or federal law. Files 

and records shall not be removed from the Commission offices. 

5-2-8 Commission Director 

(a) The Director (chief law enforcement officer) shall be responsible for the day-today monitoring of gaming activities, including the implementation and enforcement 

of the rules and regulations promulgated by the Commission. No one convicted of 

a felony of any kind or a misdemeanor related to illegal gambling or bribery may 

serve as Director. The Director shall not have any financial interest in any 

gambling by any gaming facility patron. 

(b) The Director shall be terminated automatically and immediately upon the 

Director's conviction in a tribal, federal or state court of competent jurisdiction for 

any felony or serious tribal offense or for any misdemeanor related to illegal 

gambling or bribery. If the Director is convicted of violating any part of this Code 

and the Tribal State Compact, or of a crime that relates to the Director's honesty or 

ability to fulfill his duties, the Director shall be immediately terminated. 

(c) The Director shall, subject to the approval of the Commission, perform all 

duties, exercise all powers, assume and discharge all responsibilities, and carry 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLA W INDIANS 

out and effect all purposes of this Code related to the establishment of all gaming 

activity. In all decisions, the Director shall act to promote and ensure integrity, 

security, honesty and fairness of the operation and administration of all gaming 

activity. The duties of the Director include, but not be limited to, the following: 

(1) Confirm that management is carrying out its responsibility, as provided 

for in this Code. 

(2) Communicate with the NIGC and agencies of the State of Oregon, 

including the State Police, as necessary and appropriate to ensure 

compliance with the rules and regulations of the NIGC and the Tribal State 

Compact 

(3) Ensure there is an adequate system for background investigations of 

applicants and licensees and that oversight of licensees is conducted on an 

ongoing basis. The Director will ensure that all applications and 

background investigations are completed so that no person shall be eligible 

for licensure or employment in or with any part of the gaming operation if 

that person's prior activities, criminal record, if any, or reputation, habits and 

associations pose a threat to the public interest or to the effective regulation 

of gaming, or create or enhance the dangers of unsuitable, unfair or illegal 

practices and methods and activities in the conduct of gaming. The Director 

shall ensure that the NIGC is given results of such background checks, if 

required by NIGC. 

(4) Review all records, documents and anything else necessary and 

pertinent to enforcement of any provisions of this Code. 

(5) Recommend to the Commission whether sanctions should be imposed 

on any person subject to the jurisdiction of this Code. 

5-2-9 Audit 

(a) The Tribes shall cause to be conducted an annual audit of all tribal gaming 

operations and shall cause the results of that audit to be timely submitted to the 

NIGC. 

(b) If the Tribes do not cause an annual independent audit of the Gaming 

Operation to be conducted, as required by IGRA, the Commission shall cause one 

to be conducted and shall submit the results of the audit to NIGC. 

(c) All gaming related contracts that result in the purchase of supplies, services, 

concessions or other subject matter that the Commission determines is related to 

gaming in excess of $25,000 annually, except contracts for legal and accounting 

services, shall be specifically included in the audit. 

REGULATORY PROVlSIONS 

GAMING 
, 5 

STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLA W INDIANS 

5-2-1 0 Construction, Maintenance and Operation of Facility 

The gaming facility shall be constructed, maintained and operated in a manner 

which protects the environment, public health and safety. This shall include 

compliance with the Uniform Building Code, until the Tribes adopt their own 

building code. 

5-2-1 1 License Applications for Primaw Management Officials, Key 

Ern~lovees. High Security Gaming Employees and Low Security Gaming 

Employees 

(a) The Commission shall develop license application forms for Primary 

Management Officials, Key Employees, High Security Gaming Employees and 

Low Security Gaming Employees, which shall include, at a minimum, requests for 

all information listed in this section and in section 5-2-12 of this Code and shall 

obtain the necessary approval for such forms. 

(b) A Privacy Act notice in accordance with 25 C.F.R.§566.2 shall be placed on 

the application form to be signed by persons applying for positions classified as 

Primary Management Official, Key Employee, High Security Gaming Employee 

and Low Security Gaming Employee. 

(c) A notice regarding false statements in accordance with 25 C.F.R.§556.3 shall 

be placed on the application form to be signed by persons applying for positions 

classified as Primary Management Official, Key Employee, High Security Gaming 

Employee and Low Security Gaming Employee. 

5-2-12 Background Investigations 

Each applicant for Commission membership, Commission employment, Primary 

Management Official, Key Employee, High Security Gaming Employee and Low 

Security Gaming Employee shall provide all of the following information. 

(a) Full name, other names used (oral or written) including nicknames, social 

security number(s) birth date, place of birth, citizenship, gender, all languages 

spoken or written. 

(b) All the following information currently and for the previous ten (10) years: 

business and employment positions held, ownership interests in those businesses, 

business and residence addresses, and drivers license numbers. 

(c) Names and current addresses of three (3) personal references, including 

references acquainted with applicant during each period of residence listed under 

paragraph (b) above. 

(d) Current business and residence telephone numbers. 

REGULATORY PROVISIONS 

GAMWG 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLA W INDIANS 

(e) A description of any existing and previous business relationships with Indian 

tribes, including ownership interests in those businesses. 

(f) A description of any existing and previous business relationships with the 

gaming industry in general, including ownership interests in those businesses. 

(g) The name and address of any licensing or regulatory agency where the 

applicant has filed an application for a license or permit related to gaming, whether 

or not a license or permit was granted. 

(h) The name and address of any licensing or regulatory agency with which the 

person has filed an application for an occupational license or permit, whether or 

not such license or permit was granted. 

(i) For each felony where there is a conviction or ongoing prosecution: charge, 

name and address of the court involved, and the date and disposition if any. 

(j) For each misdemeanor or infraction conviction or ongoing prosecution (except 

minor traffic violations) within the past ten (10) years: the name and address of the 

court involved, date and disposition if any. 

(k) For each criminal charge (except minor traffic charges), whether or not 

convicted, if within the past ten (10) years and not otherwise listed: the charge, 

name and address of the court, date and disposition if any. 

(I) Current photograph or photo identification. 

(m) Any other information the Commission may deem relevant 

(n) Relative to Commission membership, Commission employment, Primary 

Management Officials, Key Employees, and High Security Gaming Employees, 

fingerprints consistent with procedures adopted by the Commission according to 

25 C.F.R.§522.2(h). Fingerprints shall be taken, processed and reviewed by an 

official of the Oregon State Police using federal data banks. 

(0) Prior to granting a license of any type, the information required to be provided 

by the applicant shall be thoroughly investigated for the purpose of verification of 

the information; applicant's references shall be interviewed to determine the 

qualifications of the applicant; and the Commission shall list and report on all 

information obtained showing potential problem areas and disqualifying 

information. 

(p) In conducting a background investigation, the Tribes or their agents shall keep 

confidential the identity of each person interviewed in the course of the 

investigation. 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLAW INDIANS 

(q) If the NIGC has received an investigative report concerning an individual 

whom the Tribes wish to employ as a Primary Management Official, Key 

Employee, High Security Gaming Employee or Low Security Gaming Employee 

and if the Tribes have access to the investigative material held by another tribe, 

the Tribes may update the investigation and investigative report pursuant to the 

relevant rules and regulations of the NIGC. 

5-2-13 Eligibility Determination 

The Commission or its delegate shall review prior activities, criminal records (if 

any) reputation, habits and associations, and any other information deemed 

relevant of applicants to determine eligibility for appointment to the Commission, 

Commission employment, or licensure for Primary Management Official, Key 

Employee, High Security Gaming Employee or Low Security Gaming Employee 

positions. If the Commission or its delegate determines that appointment, 

employment or licensure of the individual is prohibited by the Tribal State Compact 

would pose a threat to the tribal interest or the effective regulation of gaming, or 

would create or enhance the danger of unsuitable, unfair or illegal practices or 

activities, the Tribes, the Commission, or the Gaming Operations, whichever is 

appropriate, shall not appoint, employ or license the individual. 

5-2-14 Procedures for Forwarding Applications and Reports for Primary 

Management Officials, Key Em~lovees, High Security Gaming 

Employees and Low Security Gaming Employees to NIGC 

(a) Employees hired for Key Employee and High Security Gaming Employee 

positions may be temporarily licensed in accordance with the Tribal State 

Compact, but shall remain on probation until the background investigation is 

completed regardless of the time involved. The Tribes shall not continue to 

employ Key Employees, High Security Gaming Employees or Low Security 

Gaming Employees if they do not have a license after ninety (90) days. 

(b) When the decision to hire a Primary Management Official, Key Employee, or 

High Security Gaming Employee is made, the commission shall begin the 

background investigation, and forward copies of the person's application to the 

State Police, State of Oregon and NIGC, if required. 

(c) Upon completion of the background investigation and a determination of 

eligibility, the Commission shall forward a report to NIGC within sixty (60) days 

after a licensee begins work, if required by NIGC. The report shall include all of 

the following: 

(1) Steps taken in conducting a background investigation. 

(2) Results obtained. 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLAW INDIANS 

(3) Conclusion reached. 

(4) The basis for those conclusions, and 

(5) A copy of the eligibility determination made under section 5-2-13. 

(d) If, within thirty (30) days after NIGC receives a report, NIGC does not object to 

the issuance of a license, the Commission's licensing determination shall be 

deemed conclusive 

(e) The Commission shall respond to requests for information from the Chairman 

concerning Primary Management Officials, Key Employees, or High Security 

Gaming Employees who are the subject of a report. Such a request shall toll the 

thirty- (30) day period under section (d) of this section until the Chairman receives 

the information requested. 

(f) If, within the thirty- (30) day period under section (d) of this section, NIGC 

provides the Tribes or Commission with a statement of objection, the Commission 

shall reconsider the application. The Commission shall make a final decision after 

considering the objections of the NIGC. 

(g) If a license is not issued to an applicant, the Commission: 

(1) Shall notify the NIGC, and 

(2) May forward copies of its eligibility determination and report (if any) to 

the NIGC for inclusion in the Indian Gaming Individual's Records System 

(IGIRS). 

(h) With respect to Primary Management Officials, Key Employees, and High 

Security Gaming Employees, the Commission shall retain applications and reports 

(if any) of background investigations for inspection by the Chairman or his or her 

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

5-2-1 5 Dru~ Testing 

Each Commission Member, Commission employee, Primary Management Official, 

Key Employees, High Security Gaming Employee and Low Security Gaming 

Employee, upon selection or hire and prior to appointment or licensure, shall 

undergo urinalysis to test for drug use, the results of which may be used in 

appointment and licensing determinations. 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLAW INDIANS 

5-2-1 6 Licensing of Vendors 

(a) The Commission shall promulgate regulations for licensing of Vendors and 

determine that a background investigation is conducted in accordance with such 

regulations and the TribalIState Gaming Compact. 

(b) The Commission shall develop license application forms for Vendors. 

(c) All applicants for a Vendor license shall provide all financial and operating data 

requested by the Tribes or the State. 

(d) Vendor licenses may not be granted for a period exceeding seven (7) years in 

duration. 

5-2-1 7 Corporation Duties 

The Corporation shall be responsible for ensuring sound development and 

management of all Class II and Class Ill gaming activities carried out under this 

Code. The Corporation's duties shall include: 

(a) Ensuring that Class II and Class Ill gaming is conducted in a businesslike 

manner; 

(b) Ensuring that Class II and Class Ill gaming is conducted in accordance with 

the applicable contracts with the Corporation; and 

5-2-18 Licensing of Gaming 

(a) The Commission is hereby authorized to issue all licenses for the conduct of 

Class II and Class Ill gaming activities. 

(b) The Commission shall ensure that: 

(1) Such gaming activity is located on Indian lands within the Tribes' 

jurisdiction, and the State of Oregon permits such gaming for any purpose 

by any person, organization or entity (and such gaming is not otherwise 

specifically prohibited on Indian lands by Federal laws); 

(2) The Tribes will have the sole propriety interest and responsibility for the 

conduct of such gaming activity; 

(3) Net revenues from such Gaming Activity are used in accordance with 

Section 5-2-6 of this Code; 

REGULATORY PROVISIONS 

GAMMG 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLA W INDIANS 

(4) Such gaming activity is subject to annual outside audits, which may be 

encompassed within existing independent Tribal audit systems, and 

provided to the Council; 

(5) All contracts for supplies, services or concessions for an aggregate 

amount in excess of $25,000 annually, except contracts for legal and 

accounting services, relating to such gaming are also subject to 

independent audits; 

(6) The construction and maintenance of the gaming facility, and the 

operation of that gaming is conducted in a manner which is in accordance 

with rules and regulations promulgated by the Commission and adequately 

protects the environment and the public health and safety; and 

(7) All Primary Management Officials, Key Employees, High Security 

Gaming Employees and Low Security Gaming Employees of the gaming 

operation have completed a background investigation which is approved by 

the Commission, and if required, by the NIGC. 

(c) The Commission shall consult with appropriate law enforcement officials 

concerning any gaming licenses it may issues. If, after issuance of a gaming 

license, the Commission receives reliable information from the State Police or any 

source other than the NIGC that a Primary Management Official, Key Employee, 

High Security Gaming Employee or Low Security Gaming Employee does not 

meet the standard established under Section 5-2-1 3 of this Code or if the 

information establishes good cause for revocation under the Tribal State Compact, 

the Commission may suspend such license and, after notice and hearing, may 

revoke such license. 

(d) The Commission may set a fee for applications, background investigations 

and licenses. All such fees shall be made payable to the Confederated Tribes of 

the Coos, Lower Umpqua and Siuslaw Indians, Community of Oregon. 

(e) An applicant for licensing shall make true and full disclosure of all information 

to the Director and the Commission's License Locations: The Commission shall 

issue a separate license to each gaming operation or location on Confederated 

Tribes' Indian Land where Class II or Ill gaming is conducted under the provisions 

of this Code. 

5-2-1 9 Prohibition Against Certain Individuals 

(a) It shall be a violation of this Code for any gaming operation to knowingly fail to 

exclude or eject from the gaming facility any individual who: 

(1) Is under the influence of liquor or any narcotic or such other substance; 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERA TED TRIBES of the COOS, LOWER UMPQUA AND SIUSLA W INDIANS 

(2) Is under the age of twenty-one (21) years of age and present on the 

gaming floor, unless such minor is a licensee allowed on the gaming floor to 

perform non-gaming employment duties; 

(3) Engages in disorderly conduct; 

(4) Is armed and not engaged in legitimate law enforcement activity; 

(5) Has been excluded by the Commission; or 

(6) Engages in any unlawful activity. 

5-2-20 Unlawful Acts 

(a) It is unlawful for any person: 

(1 ) To alter or misrepresent the outcome of a game or other event on which 

wagers have been made after the outcome is sure but before it is revealed 

to the players; 

(2) To place, increase or decrease a bet or to determine the course of play 

after acquiring knowledge, not available to all players, of the outcome of the 

game or that is the subject of the bet or wager; 

(3) To aid anyone in acquiring knowledge as set forth in subparagraph (2), 

for the purposes of increasing or decreasing a bet or wager, or for the 

purpose of determining the course of play contingent upon that event or 

outcome; 

(4) To claim, collect or take, or attempt to claim, collect or take, money or 

anything of value in or from a gambling game with intent to defraud, without 

having made a wager contingent thereon, or to claim, collect or take an 

amount greater than the amount won; 

(5) Knowingly entice or induce another to go to any place where a game is 

being conducted or operated in violation of the provisions of this Code, with 

the intent that the other person play or participate in the game; 

(6) To place or increase a bet or wager after acquiring knowledge of the 

outcome of the game or event which is the subject of the bet or wager, 

including past-posting and pressing bets; 

(7) To reduce the amount wagered or cancel the bet after acquiring 

knowledge of the outcome of the game or other event which is the subject 

of the bet or wager, including pinching bets; 

REGULATORY PROVISIONS 

GAMING 
S JA JUTES of the CONFEDERA TED TRIBES of the COOS, LOWER UMPQUA AND SIUSLAW INDIANS 

(8) To manipulate with intent to cheat, any component of a gambling device 

in a manner contrary to the designed and normal operational purpose for 

the component, with knowledge that the manipulation affects the outcome 

of the game or with knowledge of any event that affects the outcome of the 

game; 

(9) Except as specifically permitted by the Director, with approval of the 

Commission, to possess with the intent to use, or use at any table game, 

any calculator, computer or other electronic, electrical, or mechanical 

device to assist in projecting an outcome at any table game, to keep track 

of or analyze the cards having been dealt, or to change probabilities of any 

table game or the playing strategies to be utilized; 

(10) To trespass upon any premises licensed by this Code without the 

consent of the licensee and/or the Commission; or 

(1 1) To take anything of value from a gaming facility without authorization. 

(b) Any person who engages in activities on property subject to this Code without 

a license, in violation of a license or terms imposed thereon, in violation of any 

regulation, provision or amendment of this Code shall be in violation of the Code. 

(c) No fine shall be assessed nor any action taken for any violation under this 

section unless a charge is filed in proper form with the Commission or Tribal Court, 

within one year of the commission of the offense. 

(d) Council Members, Commissioners, Corporate Board Members, the Director 

and their immediate families shall receive no personal compensation, gift, 

reimbursement or payment of any kind from any person doing or wishing to do 

business with the Tribes relating to gaming nor from any person wishing to obtain 

an unfair advantage in any authorized wager on gaming. Any property received in 

violation of this provision, including cash payments, shall be immediately forfeited 

to the Tribes and the offending persons shall be prosecuted to the full extent 

possible under Tribal law. The Commission shall cooperate to the fullest extent 

possible with any Federal or State law enforcement agency to pursue prosecution 

under applicable Federal or State law. 

5-2-21 License Sus~ension 

(a) If, after issuance of a gaming license, the Director receives notification from 

the NlGC that a Primary Management Official, Key Employee, or High Security 

Gaming Employee does not meet the standard established under Section 5-2-1 3 

of this Code, the Director shall suspend the license and notify the licensee, the 

Gaming Operation and the Commission in writing of the suspension and proposed 

action. If, after the issuance of a gaming license, the Director receives reliable 

information that a Primary Management Official, Key Employee, High Security 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS. LOWER UMPQUA AND SIUSLAW INDIANS 

Gaming Employee, Low Security Gaming Employee or Vendor is not eligible for 

licensure under this Code or the Tribal State Compact, or has violated this Code or 

rules and regulations promulgated by the Commission, the Director may suspend 

the license and notify the licensee, the Gaming Operation and the Commission in 

writing of the suspension and proposed action. 

(b) If the Director does not rescind the suspension, the Director shall petition the 

Commission for revocation of the license. The Commission shall provide notice to 

the licensee which shall include the date, time and place for a hearing on the 

revocation. The date for the hearing shall be the next regularly scheduled 

Commission meeting which is at least ten (10) days after the time for licensee to 

file a written response to the petition has expired, ~rovided, however that the 

Commission mav extend the time at the request of the Director or licensee. 

(c) After the hearing, the Commission shall render a written decision which shall 

contain findings of fact and conclusions of law. The Commission shall notify NlGC 

of the decision in the case of a Primary Management Official, Key Employee, or 

High Security Gaming License and shall notify the State Police of the decision 

when required to do so under the Tribal State Compact. 

(d) A licensee may appeal the decision of the Commission in accordance with 

section 

5-2-22(c) of this Code. 

5-2-22 Appeals of Licensing Decisions 

(a) Should an applicant or licensee disagree with a licensing decision of the 

Commission, she or he may request a hearing before the Commission not later 

than seven (7) days after receipt of notification from the Director of the 

Commission's decision. The Commission shall hold a hearing to review its 

decision at the next regularly scheduled Commission meeting, or at the discretion 

of the Chair, a special meeting may be called to hear the appeal. 

(b) Following such hearing, the Commission shall affirm, modify or reverse its 

initial licensing decision. 

(c) Any denial of a gaming license by the Commission is final. There is no right of 

appeal. 

5-2-23 Appeals of Rule Making Decisions 

Should a licensee disagree with a rule-making decision of the Commission, the 

licensee may file an appeal with the Tribal Court within ten (10) days of the 

decision, but only if the licensee commented on such rule or regulation in 

accordance with section 5-2-7 (i)(8) of this Code and only on the grounds that the 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLA W INDIANS 

Commission exceeded its authority granted under this Code in promulgating such 

rule or regulation. 

5-2-24 Plaver Disputes 

(a) Should the Gaming Operation be unable to resolve a player dispute involving 

winnings equal to or greater than $500, the Gaming Operation shall immediately 

contact the Director, who shall perform an investigation and render a written 

decision within thirty (30) days of the contact. 

(b) Should the Gaming Operation be unable to resolve a player dispute involving 

winnings less than $500, the Gaming Operation shall inform the player that a 

complaint may be filed with the Director within five (5) days of the dispute, and 

provide the player with the Director's address, telephone number and regular 

office hours. Upon receipt of a complaint, the Director shall perform an 

investigation and render a written decision within thirty (30) days of the receipt of 

the complaint. 

(c) Should the player or the Gaming Operation disagree with the Director's 

decision, either may file a petition for review with the Commission within fourteen 

(14) days of the receipt of the Director's decision. The Commission shall provide 

notice to the parties which shall include the date, time and place for a hearing on 

the petition. The date for the hearing shall be the next regularly scheduled 

Commission meeting which is at least ten (10) days after the time for a written 

response to the petition has expired, provided, however, that the Commission may 

extend the time at the request of one of the parties. 

(d) After the hearing, the Commission shall render a written decision which shall 

contain findings of fact and conclusions of the law. 

(e) A party may appeal the decision of the Commission in accordance with section 

5-2-22(c) of this Code. 

5-2-25 Effective Date 

Upon approval of the Code or any amendment thereof by NIGC, the Code or 

amendment will be effective on the date specified in the Council resolution 

adopting the Code or amendment. If no effective date is specified in such 

resolution, the Code or amendment will be effective in accordance with Tribal law. 

REGULATORY PROVISIONS 

GAMING 
STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLAW INDIANS 

APPENDIX A 

LEGISLATIVE HISTORY AND EDITORIAL CHANGES 

REGULATORY PROVISIONS 

GAMMG 
f. 

4 . .8 -*. 

STATUTES of the CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLA W INDIANS 

GAMING 

LEGISLATIVE HISTORY AND EDITORIAL CHANGES 

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and 

Siuslaw lndians at a special meeting of the Tribal Council approved the revision of 

the "Gaming" Code, No. 030A, on December 8, 2003, Resolution 03-065. 

Revision was to modify the definition of the term "Primary Management Official" in 

Section 5-2-3(r), to add the term "Key Employee" to the definitions as Section 5-2- 

3(m), and to include the term "Key Employee" in Sections 5-2-1 1, 5-2-12, 5-2-13, 

5-2-1 4, 5-2-1 5, 5-2-1 8 and 5-2-21. 

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and 

Siuslaw lndians at a business Tribal Council meeting approved the revision of the 

"Gaming" Code, No. 030, on August 25, 2003, Resolution 03-045. Revision was: 

'where necessary'was dropped from the end of paragraph 5-2-12(n) and 

renumbered "Gaming" Ordinance 030A. 

The Tribal Council of the Confederated Tribes of the Coos, Lower Umpqua and 

Siuslaw lndians at a regular Council meeting approved the revisions of the 

"Gaming" Code, No. 030, on January 12, 2003, Resolution 03-007. 

The Tribal Council of the Confederated Tribes of the Coos, Lower Umpqua and 

Siuslaw lndians enacted the Gaming" Code, Resolution 01.090, Ordinance 030, in 

a regular Tribal Council meeting on December 9, 2001. Vote was 7 (for), 0 

(against) and 0 (abstaining). 

REGULATORY PROVISIONS 

GAMING