Ralph Goff, Chairman 

Campo Band of Mission Indians 

1779 Campo Truck Trail 

Campo, ~alifarnia 91906 

Dear Chairman Goff: 

This letter responds to your request to review and approve the 

tribal gaming ordinance adopted on February 13, 1994, and amended 

on May 31, 1994, by the Campo Band of Mission Indians (Band). 

This letter constitutes such approval under the Indian Gaming 

Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian Gaming 

Commission (NIGC), the Chairman is directed to review ordinances 

with respect to the requirements of the IGRA and the implementing 

regulations. Thus, the scope of the Chairman's review and 

approval is limited to the requirements of the IGRA and the NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, such 

approval does not constitute approval of specific games. 

It is important to note that the gaming ordinance is approved for 

gaming only on ~ndian lands as defined in the IGRA. 

With the Chairman's approval of the Band's gaming ordinance, the 

Band is now required to conduct background investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed application for each key employee and 

primary management official pursuant to 25 C,.F.R. S 556.5(a) and 

an investigative report on each background investigation before 

issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. 5 556.5(b). 
Ralph Goff 

Chairman 

Barbara Cuero 

Vice-Chairman 

Jackie Lelafu 

Secretary 

Harry P. Cuero, Jr. 

Treasurer 

COMMITTEE: 

Brian Connolly 

UiMFQ BhNTI OF MISSION INDIANS Jane Dyche 

GENERAL COUNCIL RFSO~ION NO. 94 - 05 - 3 I - 03 Michael Connolly 

WHEREAS the Campo Band of Mission Indians (ttBandw) adopted a Gaming 

Ordinance (ItGaming Ordinancett) on or about February 13, 1992 ; and 

WHEREAS, pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. 88 

2701 & seq. (ttIGRA") , the Band submitted the revised Gaming Ordinance to 

the NIGC for its review and approval; and 

WHEREAS, on March 18, 1994, the NIGC notified General Counsel to the 

Band that NIGC had reviewed the Gaming Ordinance and found deficiencies in 

the Gaming Ordinance, and that the NIGC will not approve the Gaming 

Ordinance unless the deficiencies are corrected; and 

WHEREW the following ammkents to the Gaming ordinance address the 

concerns raised'by the NIGC, and the NIGC will approve the Gaming Ordinance 

if the Tribal Council adopts such amendments; 

NCrW, -RE, BE IT RESOLVED that the Gaming On3hance is amended 

as follows: 

1. Section II(K) is deleted in its entirety and the following is 

inserted in its place: 

tlttKey Employeett means 

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

functions : 

a. Bingo caller; 

b. Counting roam supervisor; 

c. Chief of security; 

d. Custodian of gaming supplies or cash; 

1779 CAMPO TRUCK TRAIL CAMPO, CALIFORNIA 91 906 (61 90) 478-9046 FAX: (61 9) 478-581 8 
e . Floor raanager ; 

f . Pit boss; 

g. Dealer; 

h. Croupier; 

i . Appraver of credit; or 

j. Custodian of gambling devices including persons with 

access to cash and accounting records within such devices; 

(2) If not otherwise included, any other person whose cash 

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

(3) If not otherwise included, the four most highly capensated 

persons in the gaming operation. 

2. Section X(B) (1) is deleted in its entirety and the followirq is 

inserted in its place: 

"(1) Gamins to be Conducted Pursuant to coma&. Any and all 

CLass I11 Gaming Activities to be conducted on the Reservation shall be 

conducted in accordance with the Indian Gaming Regulatory Act, a Canpact 

entered into between the Band and the State of California and/or procedures 

approved by the Secretary of the Interior. 

BE IT FWtEEEt RESOLveD that General Council is directed to cause the 

Gaming Ordinance to be restated as amended herein and to send the same to 

the NIGC for its review and approval. 
~IF'ICATION 

I hereby certify that on this _11 day of nq A '( , 1994, at a duly 

called meeting of the General Camcil of the Qmpo Band of Mission Indians, 

I voted in favor of the foregoing resolution, I against, and ,$?f 

abstained. 

Ralph Gof f , 

hrChairman h 
Ralph Goff 

Chairman 

Barbara Cuero 

Vice-Chairman A A pFhu Jackie Lelafu 

Secretary 

Harry P. Cuero, Jr. 

Treasurer 

COMMITTEE: 

BAND OF MlSSICN INDIANS 

(;BJERAL oomccL ~.mI!nm No. 94-A- 13 301 Brian Connolly 

Jane Dyche 

Michael Connolly 

WEEZZEM the Campo Band of Mission Indians (the is a sovereign 

Indian tribal government, recognized as such by the Secretary of the 

Interior of the United States of America ("the Secretar~~~) ; and 

WEEREZK the Band adopted the Constitution of the Campo Band of Mission 

Indians (the tlConstitutiontt) onJuly 13, 1975, and the Constitution was 

duly appmed by the Cammissioner of Indian Affairs on January 20, 1976 ; and 

HIEWAS Article IV, Section 1(E) of the Constitution authorizes the 

General Council to adopt ordinances and laws to regulate activities within 

the Camp0 Indian Reservation; and 

WHElWS the Band ,is responsible for providing needed governmental 

services to the residents of the Campo Reservation; and 

WEEREZK the Band currently lacks sufficient revenue to provide 

govermmehtal sewices at levels necessary to support the increasing 

population within the exterior boundaries of the camp0 Reservation; and 

WEEREAS, in furtherance of the development of a sound economic tribal 

eaoncmny, the Band has begun considering the establishment of gaming 

activities on the Campo F&servation; and 

WHEREAS the Chairman has caused to be prepared a cmprehensive Gaming 

oldhame (It Ordinancett) that caplies with the Indian Gaming Regulatory Act 

(ltIGRA"l) , 25 U.S.C. 55 2701 et seq. ; and 

WHERIBS the General Council has reviewed the Ordinance and finds that 

it is in the best interests of the Band and the public to adopt the 

-=praposed; 

NCM, BE IT RESOLVED that the General Council of the Band 

hereby approves and enacts the Campo Band of Mission Indians Gaming 

Omlbance of 1994, which Ordinance is attached hereto and incorporated by 

reference herein. 

1779 CAMPO TRUCK TRAIL CAMPO, CALIFORNIA 91906 (61 90) 478-9046 FAX: (61 9) 478-581 8 
I, the undersigned, duly elected Chairman of the camp0 Band of Mission 

Indians, do hereby certify that the foregoing Resolution was duly adopted 

by the me;mbers of the Camnpo Band of Mission Indians by a vote of l7 for and 

0 against, with abstaining, at a duly called Meeting of the General 

Council held on February 13, 1994. 

n 

Attest : 
c=ilKmGOWDrNANcE 

OF TIE 

CYME0 BAND OF MISSION INDIANS 

Adapted on February 13, 1994 by General Cmmil 

Resolution No. 94-02-13-02 

Ammded on May 31, 1994, by General mil 

Resolution No. 94- &<-3) - o 3 
SectionI. Name 1 

mion 11. Definitions 1 

Section IV. Intapretation 6 

SectianV. GamhqEolicy. 

A. GamsofChamePrdribited 

B. Ownership of GamhJ Ehkqrise 

C. Pmtection of Envimmment; Public Health and Safety 

Section VI. 

A. 

B. 

C. 

D. 

E. 

F. 

G. 

Canpo Band of Mission Indians WWtor 

Establ- of Ginmirrg Monitor 

Ftmersardmties 

Qudlif ication of Monitor 

l&smval of Wtor 

Resignations and Vacancies 

Ccmperation With Iaw Enfo- Agacies 

ccmpmsaticm 

section VII. License For Operatirrg And ccuxhctirrg Gams of Chance. 

A. LicenseRequhd 

B. License Application 

C. Backgram3 Investigations 

D. !n?qmraryLiE. Eligibility Dekcmimtion 

F. Additimal Bac)ngrand Investigations 

G. Pro<;ledures for F0nmdi.m~ Applications and Reports for Key 

Bnployees and Primary Wmqemmt Officials to the National 

Indian Gaming Cumnissian 

H. Report to the National Indian Gamhq Cumnission 

I. Grantin~aGamhJLiSection VIII. Kmqems& C!cmtract 

A. -tion of Manager 

B. -C!cmtract 

C. License Required for ApprwdL of Contract 

D. sbndank for Approval 

E. Fees 

F. SbndamkforDisapproval 

G. Actionby Wtor 

H. Modification and Revocation of &mgemmt Contract 

I. NoTransferof RealpIuperQ 

J. Approvalbyolxnw=il 

K. Mamqem& Contract Binding Upan Approval 
Section IX. 

A. 

B. 

C. 

D. 

Section X. 

A. 

B. 

C. 

D. 

E. 

F. 

G. 

H. 

I. 

J. 

K. 

L. 

M. 

N. 

0. 

P. 

Fimmia.1 Mces And Bporthq 

FY RePoof Beaks and Records; ator Access 

Allamble Opemt* Ekpnses 

-it of Gxues =ipts; Pa* of 

?itmuid Audit 

Audit of amtracts 

Disposition of Net Revenues 

GmplianCewithIntemalRev~~ 

BirrgoAndClassIIIGames 

Birrgo 

PrCNisions Applicable to Class I11 Gmnirrq avities 

Actionbythectlabm 

Designation of Officer In Charge 

PremisesOpmtoMcmitor 

Prizes 

Usual Prices 

Limits on Prizes 

Rules of Play for Birrgo G;mw: 

mlcyees ; Prabibitian Against mloyees Play* 

Qualification for -1oymnt; TestPref- in -1- 

Eersoarnel Fnlicies 

Hiring and 'Itamuq . . of m1oY-S 

-IF== of - . . m1oY-S 

PatK7m Disputes 

=ion XI. Suspension Or Revocation Of License 

A. (;rands for suspension and -tion 

B. Natice;limmdiatesuspension 

C. Coarterrts of Ccaplaint; Service 

D. Ansuer;SubpoeMs 

E. Hearing; Written Decision 

F. ~officense 

G. Additiaiml Sanctions 

H. AppealtoExecutiver'rmnittee 

Section XI. Enforcement; ~urisdiction; SubpoeMs 

A. Civil Ranedies 

B. Enforr=esntof McmitorSubpoeMs 

Section XIII. Effective IZate 36 
~IT~F3Y!t¶-lE~OF~~BANDoFMISSIoNINDIANs: 

An Ordinance to Govern, Regulate, and Control Gaming Activities on the 

Campo Band of Mission Indians Reservation. 

section1. Nmne. 

The name of this Ordinance shall be the Gaming Ordinance of the Campo 

Band of Mission Indians. 

section 11. Definitions . 

The following words shall have the following meanings under this 

Ordinance, unless the context otherwise requires: 

A. I1Bingo GameI1 means the Game of chance camonly known as llbingoll 

(whether or not electronic, wmputer, or other technologic aids are used 

in connection therewith) which is played for prizes, including monetary 

prizes, with cards bearing numbers and other designations in which the 

holder of the card covers such numbers or designations when objects, 

similarly numbered or designated, are drawn or electronically determined, 

and in which the Game is won by the first person covering a previously 

designated arrangement of numbers or designations on such cards, including 

(if played in the same location) pull-tabs, lotto, punch boards, tip jars, 

instant bingo, and other Games similar to bingo; 

B. llChairmanll means the Chairman of the Campo Band of Mission 

Indians; 

C. I1Class I11 Gaming" means all forms of gaming that may be 

operated or conducted only in conformance with a Tribal-state Campact 
negotiated and entered into pursuant to Section ll(d) of the Indian Gaming 

Regulatory Act, 25 U.S.C. 55 2701-21, 18 U.S.C. 55 1166-68; 

D. "Equipmentw includes, with respect to Bingo Games, the 

receptacle and numbered objects drawn from it; the master board upon which 

such objects are placed as drawn; the cards or sheets bearing numbers or 

other designations to be covered and the objects used to cover them; the 

board or signs, however operated, used to announce or display the numbers 

or designations as they are drawn; the public address system; and all other 

articles essential to the operation, conduct, and playing of Bingo Games; 

E. tGmes of Chance81 means bingo and Class I11 gaming, but does not 

include social games played solely for prizes of minimal value, or 

traditional fonns of Indian gaming engaged in by individuals as a part of, 

or in connection with, tribal ceremonies or celebrations; 

F. tGmhg Devicemn means 

(1) any so-called Itslot machinew 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 became entitled to receive, as the 

result of the application of an elemmt of chance, any 

money or property; or 

(2) any other machine or mechanical device (including but not 

limited to roulette wheels and similar devices) 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 became entitled to receive, as the result of the 

application of an element of chance, any money or 

property; or 

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

connection with any such machine or mechanical device, but 

which is not attached to any such machine or mechanical 

device as a constituent part. 

F. lW&ng Facilities" means the building or structures in which 

Class I1 or Class I11 gaming is conducted; 

G. wGaming Ordinancem8 means this Gaming Ordinance of the Carrrpo Band 

of Mission Indians and any rules or regulations pranulgated hereunder; 

H. %amhg service^^^ means the providing of any goods or services, 

except for legal services, to the Band in connection with the operation of 

Class I1 or Class I11 Gaming in a Gaming Facility, including but not limited 

to equipment, transportation, food, linens, janitorial supplies, 

maintenance, or security services for the Gaming Facility, in an amxlnt in 

excess of $10,000 in any single month; 

I. "General Council88 means the General Council of the Campo Band 

of Mission Indians, the governing body of the Band; 

J. I8Gross Receiptsl8 means receipts frm the sale of shares, 

tickets, or rights in any manner connected with participation or the right 

to participate in any Game of chance, including but not limited to any 

admission fee or charge, the sale of merchandise, refreshments, souvenirs, 
services, equipment, or supplies, interest earned on deposits, and all 

other miscellaneous receipts ; 

K. "Key Employee88 means 

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

functions : 

a. Bingo caller; 

b. Counting roam supervisor; 

c. Chief of security; 

d. Custodian of gaming supplies or cash; 

e. Floor manager; 

f . Pit boss; 

g. Dealer; 

h. croupier; 

i . Approver of credit; or 

j. Custodian of gambling devices including persons with 

access to cash and accounting records within such devices; 

(2) If not otherwise included, any other person whose cash 

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

(3) If not otherwise included, the four most highly carpmated 

persons in the gaming operation. 

L. 88License88 means a license duly issued to primary management 

officials and key employees of any gaming enterprise conducted on the 

Reservation by the General Council pursuant to this Gaming Ordinance; 

M. IIL~~II means any person who has been duly licensed by the 

General Council ; 
N. %anagerll means the Manager hired pursuant to Section 8 of this 

Gaming Ordinance; 

0. vmember of the Bandv1 means an enrolled member of the Campo Band 

of Mission Indians ; 

P. vlMonitorvl means the Campo Band of Mission Indians Gaming Monitor 

appointed pursuant to this Gaming Ordinance, and includes his or her 

appointees and employees. 

Q. BINational 1ndian Gaming Carmni~sion~~ means the National Indian 

Gaming Cdssion established by the Indian Gaming Regulatory Act, 25 

U.S.C. 55 2701-21, 18 U.S.C. 55 1166-68; 

R. I1Net Revenuesl1 means the gross receipts less (a) amounts paid 

out as, or paid for, prizes, and (b) total gaming related operating 

expenses, excluding management fees. 

S. Wxasionfl means a gathering at which a Game of chance is 

played ; 

T. "Personv1 means an individual, trust, firm, association, 

partnership, political subdivision, government agency, municipality, 

industry, public or private corporation, or any other legal entity 

whatsoever ; 

U. II~~-II means any roam, hall, building, enclosure, or 

outdoor or other area used for the purpose of playing a Game of chance; 

V. I1Primary Management Off iciall1 means 

(1) The person having management responsibility for a 

management contract ; 

(2) Any person who has authority : 

a. To hire and fire employees; or 
b. To set up working policy for the gaming operation; 

or 

(3) The chief financial officer or other person who has 

financial management responsibility; and 

W. llReservationll means the Camp Band of Mission Indians 

Reservation and any lands title to which is held in trust by the United 

States for the benefit of the Campo Band of Mission Indians or a member 

thereof or held by the Camp Band of Mission Indians subject to a 

restriction by the United States against alienation, and over which lands 

the Campo Band of Mission Indians exercises governmental per. 

Section 111. Purposes. 

The purposes of this Gaming Ordinance are to male lawful and to 

regulate the operation, conduct, and playing of Games of chance on the 

Reservation so that revenue may be produced to fund tribal governmental 

operations and programs which prmte the health, education, and welfare 

of the Band and its members and which prmote tribal econamic development. 

Section IV. Interpretation. This Gaming Ordinance is an exercise of the 

sovereign power of the Band and shall be liberally construed for the 

accamplishment of its purposes and to camply with the Indian Gaming 

Regulatory Act. 

SectionV. Gamhq Folicy. 

A. Gams of Chance Prohibited. No person may operate or conduct 

any Games of chance within the boundaries of the Reservation except in 

accordance with the provisions of this Gaming Ordinance. 

B. -D of c;rmim EnterDr ise. The Campo Band of Mission 

Indians, acting through the General Council and Muht-Hei, Inc., a 
corporation chartered and wholly-owned by the Band, shall have the sole 

proprietary interest in and responsibility for the operation and conduct 

of any Games of chance operated or conducted on the Reservation. 

C. Pmtedion of Envimment; public Health and Safety. The 

construction and maintenance of any gaming facility, and the operation and 

conduct of any and all Games of chance, shall be done in a manner that 

adequately protects the environment and the public health and safety. 

Section VI. C;moo Band of Mission Indians Gaorming Munitor. 

A. -1- of Gamim Monitor. There hereby is established 

the camp0 Band of Mission Indians Gaming Monitor (Wonitorww) for the 

purposes of regulating all Games of chance within the Resenation and 

enforcing this Gaming Ordinance. The Monitor shall be appointed by the 

General Council. 

B. FWem and Wes. The Monitor shall have the following powers 

and duties : 

(1) To recammend to the General Council whether it should 

permit or refuse to permit the operation or conduct of any Games of chance 

within the exterior boundaries of the Reservation, and to specify the 

conditions for the operation or conduct of any Games of chance within the 

exterior boundaries of the Reservation. 

(2) To grant, suspend, or revoke licenses to Primary 

Management Officials and Key Ehployees of Muht-Hei, Inc., in accordance 

with this Gaming Ordinance. 

(3) To monitor and oversee the operation and conduct of all 

Games of chance within the exterior boundaries of the Reservation on a 
continuing basis, including but not limited to ongoing monitoring and 

oversight of licensees engaged in the operation and conduct of such Games. 

(4) To inspect and examine all premises within the ~esewation 

at which Games of chance are played. 

(5) To conduct or cause to be conducted background 

investigations of persons involved, directly or indirectly, in the 

operation or conduct of Games of chance within the Reservation. 

(6) To inspect, examine, photocopy, and audit all papers, 

books, and records respecting gross receipts of gaming activities operated 

or conducted within the Reservation and any other matters necessary to 

carry out the duties of the Monitor under this Gaming Ordinance. 

(7) To bring suits in any court of competent jurisdiction 

seeking temporary and permanent orders closing a Game of chance in 

accordance with this Gaming Ordinance. 

(8) To enter into contracts with tribal, federal, state, and 

private entities for activities necessary to the discharge of the duties 

of the Monitor and to contract with the National Indian Gaming Cammission 

for the enforcement of federal regulations governing gaming on Indian 

reservations. 

(9) Subject to the approval of the General Council, to adopt 

the budget of the Monitor annually. 

(10) Subject to the approval of the General Council, to 

establish fees for applications for licenses and fees for licensees based 

on a percentage of the gross receipts of Games of chance operated or 

conducted by such licensees. 
(11) To require by subpoena the attendance and testimony of 

witnesses and the production of all books, papers, and documents relating 

to any matter under consideration or investigation by the Monitor, and to 

bring actions in any court of cmpetent jurisdiction for the enforcement 

of such subpoenas. 

(12) To administer oaths and affirmations to witnesses 

appearing before the Monitor. 

(13) Subject to the approval of the General Council, to approve 

gaming management contracts in accordance with this Gaming Ordinance. 

(14) To hear appeals in accordance with this Gaming Ordinance. 

(15) To keep minutes, records, and books in which shall be kept 

a true, faithful, and correct record of all proceedings of the Monitor. 

(16) To pramulgate rules and regulations as it deems 

appropriate to implement the provisions of this Gaming Ordinance. 

(17) To recommend -ts to this Gaming Ordinance to the 

General Council. 

(18) To submit an annual report to the General Council on the 

activities of the Monitor, such report to include information on the 

funding, incane, and expenses of the Monitor. 

C. 9ualification of lbnitor. No person shall be eligible or 

qualified to serve or continue to serve as the Monitor or as an appointee 

or employee of the Monitor, who: 

(1) Has been convicted of a felony or gamhg offense; 

(2) Has any financial interest in, or management 

responsibility for, any gaming activity; or 
(3) Has a financial interest in, or management responsibility 

for, any management contract sulnnitted to the Monitor for review or 

approval. 

D. I&mwal of ator. The Monitor may be involuntarily removed 

fran office prior to the expiration of his term in accordance with the 

following procedures : 

(1) RemaVal of the Monitor may be initiated by providing the 

Secretary of the General Council with a written request specifying the 

cause for removal, signed by not less than one-half (1/2) of the members of 

the Executive Cammittee. 

(2) The cause for removal shall be limited to: (1) conviction 

in any court of a felony or crime involving moral turpitude; (2) failure to 

meet or maintain the qualifications for Monitors set forth in Subsection 

(C) of this Section; (3) gross neglect of duty; or (4) malfeasance in 

office, or conduct which amounts to gross and intentional disregard of the 

laws and procedures applicable to the affairs of the Monitor. 

(3) Not less than twenty (20) nor more than thirty (30) days 

following receipt of the written request for removal, the General Council 

shall convene a special meeting for the sole purpose of voting on the 

removal of the Monitor. Before any vote is taken, the Monitor shall be 

given a full opportunity, either in person or through a representative of 

his or her choice, to answer or otherwise respond to any and all chaqes 

against him or her. 

(4) To remove the Monitor fran office, the affirmative vote 

of no less than two-thirds (2/3) of the mmbers of the General Council 

present and voting is required. 
E. Resicmatims and Vacancies. Any Monitor may resign at any time 

by giving written notice of such to the Secretary of the General Council. 

The resignation shall became effective at the time specified in such 

notice, and the acceptance of such resignation shall not be necessary to 

make it effective. 

F. Coweration With Law Enfomemmt Paeru=ies. The oni it or may 

cooperate with law enforcement officials of the State of ~alifornia, the 

Wlreau of Indian Affairs, the Federal Wlreau of ~nvestigation, and other 

law enforcement agencies, when such cooperation is in the best interests 

of the Band and will help to insure that fair, honest, and efficient Games 

of chance are operated and conducted within the Reservation. 

G. -tion. The Monitor shall be capemated as determined 

by the General Council. 

Section VII. Lioense For Opratirrg And ctdud5g Grmw: of Charroe. 

A. License Reuwked . Muht-Hei, Inc. and its principals, Primary 

Management Officials, and Key Bqloyees; the Manager and its principals; 

any person that has supplied or proposes to supply any Gaming Devices to 

Muht-Hei, Inc. or the Manager; and each person providing Gaming Services 

within or without a Gaming Facility shall apply for and receive a license 

fran the Monitor before their participation in any way in the operation or 

conduct of any Gaming Activities within the Reservation. A separate 

license shall be required for each location of a Gaming Facility. 

B. Licerise ~lication. Each applicant for a license shall file 

with the Monitor a written application in the form prescribed by the 

Monitor, along with the applicant Is fingerprint card, current photograph, 

and the fee required by the Monitor. 
(1) The folluwing notice shall be placed on the application 

form for a Key Rnployee or a Primary Management Official before that form 

is filled out by an applicant: 

In campliance 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. 55 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 members and staff of 

Muht-Hei , Inc. , the Campo Gaming Monitor, and the 

National Indian Gaming Cammission who have need for 

the information in the performance of their official 

duties. The information may be disclosed to 

appropriate federal, tribal, state, local, or 

foreign law enforcement and regulatory agencies when 

relevant to civil, criminal, or regulatory 

investigations or prosecutions or when, pursuant to 

a requirement by a tribe or the National Indian 

Gaming Cammission, the information is relevant to 

the hiring or firing of an employee, the issuance or 

revocation of a gaming license, or investigations of 

activities while associated with a tribe or a gaming 

operation. Failure to consent to the disclosures 

indicated in this notice will result in a tribe's 

being unable to hire you in a primary management 

official or key employee position with a tribal 

gaming enterprise. 

The disclosure of your Social Security Number (SSN) 

is voluntary. However, failure to supply a SSN may 

result in errors in processing your application. 

(2) Existing Key Employees and Primary Management Officials 

shall be notified in writing that they shall either: 

a. Cmplete a new application form that contains a 

Privacy Act notice ; or 

b. Sign a statement that contains the Privacy Act notice 

and consent to the routine uses described in that notice. 
(3) The following notice shall be placed on the application 

form for a Key Eqloyee or a Primary Managemmt official before that form 

is filled out by an applicant: 

A false statement on any part of your application may 

be grounds for not hiring you, or for firing you 

after you begin work. Also, you may be punished by 

fine or imprisonment. 18 U.S.C. 5 1001. 

(4) The Monitor shall notify in writing existing Key Employees 

and Primary Management Officials that they shall either: 

a. Camplete a new application form that contains a notice 

regarding false statements; or 

b. Sign a statement that contains the notice regarding 

false statements. 

C. Backqrumd Investicratiom. 

(1) Upon receipt of a completed application and required fee 

for licensing, the Monitor shall conduct or cause to be conducted a 

background investigation to ensure that the applicant is qualified for 

licensing. 

(2) The Monitor shall request fran each applicant, and fran 

each Principal, Primary Management Official, and Key mloyee of each 

applicant, all of the following information: 

a. Full name, other names used (oral or written), 

social security number(s), birth date, place of birth, citizenship, 

gender, and all languages spoken or written; 

b. Currently and for the previous five (5) years, 

business and employment positions held, ownership interests in those 

businesses, business and residence addresses, and driver s license 
numbers; provided that any applicant who is a Primary Management ~fficial, 

Key Employee, Management Contractor, Manufacturer and supplier of Gaming 

Devices, and/or a Person providing Gaming ~ervices, must pmvide such 

information currently and fran the age of eighteen; 

c. The names and current addresses of at least three 

personal references, including one personal reference who was acquainted 

with the applicant during each period of residence listed in paragraph 

(1) (b) of this section; 

d. Current business and residence telephone numbers; 

e. A description of any existing and previous business 

relationships with Indian tribes, including uwnership interests in those 

businesses, and a description of any potential or actual conflict of 

interest between such businesses and Indian tribes; 

f. A description of any existing and previous business 

relationships in the gaming industry, including but not limited to 

ownership interests in those businesses; 

g. The name and address of any licensing or regulatory 

agency with which in the person has filed an application for a license or 

permit related to gaming, whether or not such license or pennit was 

granted ; 

h. For each felony for which there is an ongoing 

prosecution or a conviction, the charge, the date of the charge, the name 

and address of the court involved, and the disposition, if any; 

i. For each misd-r for which there is an ongoing 

prosecution or conviction (excluding minor traffic violations), the 
charge, the date of the charge, the name and address of the court holved, 

and the disposition, if any; 

j. For each criminal charge (excluding minor traffic 

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

not otherwise listed pursuant to paragraph (2) (h) or (2) (i) of this 

section, the criminal charye, the date of the charye, the name and address 

of the court involved, and the disposition, if any; 

k. The name and address of any licensing or regulatory 

agency with which the person has filed an application for an occupational 

license or permit, as an applicant, Primary Management Official, or Key 

Employee, and whether or not such license or permit was granted; 

1. A current photograph; 

m. Fingerprints consistent with procedures adopted by 

the Band according to 25 C.F.R. S 522.2(h) ; 

n. The fee required by the Monitor; and 

0. Any other information the Monitor deems relevant. 

(3) In conducting a background investigation, the Monitor and 

its agents shall promise to keep confidential the identity of each person 

interviewed in the course of the investigation. 

D. License. Within twenty (20) days of the receipt of a 

completed application for licensing, and upon request of an applicant, the 

Monitor may issue a temporary license to the applicant unless the 

background investigation undertaken discloses that the applicant has a 

criminal history, or unless other grounds sufficient to disqualify the 

applicant are apparent on the face of the application. The temporary 

license shall became void and be of no effect upon either (1) the issuance 
of the license; (2) the issuance of a notice of denial; or (3) ninety (90) 

days after the licensee has begun working. 

E. Eligibility Detemhation. The Monitor shall review a person's 

prior activities, criminal record, if any, and reputation, habits, and 

associations to make a finding concerning the eligibility of an applicant 

or Key Employee or Primary Management Official of an applicant, for 

employment or involvement in a gaming operation. Upon campletion of the 

investigation, the Monitor shall either issue a license or deny the 

application. If the Monitor determines that employment or involvement of 

the person or applicant poses a threat to the public interest or to the 

effective regulation of a Gaming Activity, or creates or enhances dangers 

of unsuitable, unfair, or illegal practices, methods, or activities in the 

conduct of Gaming ~ctivities, the Monitor shall deny the application. 

P. Additional Backuramd Investicrations. The Monitor retains the 

right to conduct additional background investigations of any person 

required to be licensed at any time while the license is valid. 

G. Proaedures for F0rwad.r~ Amlicatims ard Resmrts for Key 

EmPlwees and Primary Mamcmm& Officials to the National 

Innian Gamirrcr caronissian. 

(1) When a Key Ehployee or Primary Management Official begins 

work at a Gaming Operation authorized by this Gaming Ordinance, the Monitor 

shall forward to the National Indian Gaming Cammission a campleted 

application for employment and conduct the background investigation and 

make the determination referred to in Subsection (E) of this Section. 

(2) The Monitor shall forward the report referred to in 

Subsection (H) of this Section to the National Indian Gaming Cammission 

within sixty (60) days after an employee begins work or within sixty (60) 
days of the approval of this Gaming Ordinance by the Chairman of the 

National Indian Gaming Cammission. 

(3) The Gaming Operation shall not employ as a Key Ehployee or 

Primary Management Official a person who does not have a license after 

ninety (90) days. 
H. mrt to the National Indian Gaminq Cumnission. 

(1) Pursuant to the procedures set out in Subsection (G) of 

this Section, the Monitor shall prepare and forward to the National Indian 

Gaming Cammission an investigative report on each background 

investigation. ~n 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 bases for those conclusions. 

(2) The Monitor shall suhnit with the report a copy of the 

eligibility detennination made under Subsection (E) of this Section. 

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

a. shall notify the National Indian Gaming Cammission; 

and 

b. may forward copies of its eligibility determination 

and investigative report (if any) to the National Indian Gaming Cammission 

for inclusion in the Indian Gaming Individuals Records System. 

(4) With respect to Key Ehployees and Primary Management 

Officials, the Monitor shall retain applications for employment and 

reports (if any) of background investigations for inspection by the 

Chairman of the National Indian Gaming Ccnmnission or his or her designee 

for no less than three (3) years frm the date of termination of 

employment. 
I. GrantincraGamincrLicase. 

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

Indian Gaming Cammission receives a report, the National Indian Gaming 

Cdssion notifies the Monitor that it has no objection to the issuance 

of a license pursuant to a license application filed by a Key Employee or 

Primary Management official for whm the oni it or has provided an 

application and investigative report to the National Indian Gaming 

Commission, the Monitor my issue a license to such applicant. 

(2) The on it or shall respond to a request for additional 

information fram the Chairman of the National Indian Gaming Cammission 

concerning a Key Employee or a Primary Management Official who is the 

subject of a report. Such a request shall suspend the 30-day period under 

Paragraph (I) (1) of this section until the Chairman of the National Indian 

Gaming Cammission receives the additional information. 

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

National Indian Gaming Cammission pruvides the Monitor with a statement 

itemizing objections to the issuance of a license to a Key Employee or to 

a Primary Management Official for whm the Monitor has provided an 

application and investigative report to the Nati0~1 Indian Gaming 

Cammission, the Monitor shall reconsider the application, taking into 

account the objections itemized by the National Indian Gaming Cammission, 

and make a final decision whether to issue a license to such applicant. " 

section VIII. Managemmt Contract. 

A. -tion of Manauer. The Board of Directors of Muht-Hei, 

Inc. shall recmmend to the General Council a person to serve as Manager of 

the gaming operations. Upon receiving a recammendation frm the Board of 
Directors, the General Council shall either approve or disapprove the 

person recamemled. 

B. Contract. Upon approval by the General Council of 

the person recmmnded to serve as Manager, the Board of ~irectors of MuhtHei, Inc. shall execute a management contract with the Manager, such 

management contract to be subject to the approval of the on it or and the 

General Council in accordance with this section. For purposes of this 

Gaming Ordinance, any reference to the management contract shall be 

considered to include all collateral agreements to such contract as relate 

to the gaming activity. 

C. License I&mked for Aa,ruva.l of Mmaammt Coartract. Before 

approving any management contract, the Monitor shall require that all 

primary management officials and key employees of the Manager be licensed 

by the General Council. 

D. Standards for Aa>rwal. The Monitor may approve a gaming 

management contract only if the contract provides: 

(1) For the adoption and maintenance of adequate accounting 

procedures and for verifiable financial reports to be prepared and 

submitted to the General Council on a monthly basis; 

(2) For access of the Monitor to the daily operations of the 

gaming and for permission for such official to verify the daily gross 

revenues and incame made f ran the licensed gaming activity; 

(3) For a minimum guaranteed payment to the Band, which 

payment must be made prior to retirement of any development and 

construction costs ; 
(4) For an agreed ceiling for the repayment of developent and 

construction costs, if any; 

(5) For a contract term not to exceed five (5) years; 

(6) For grounds and procedures for terminating such contract, 

but actual contract termination shall not require the approval of the 

Monitor; and 

(7) Allof theprovisionsrequiredby25C.F.R. 5 531.1. 

E. Nmaemmt contract Fees. The c on it or may approve a management 

contract providing for a fee based upon a percentage of the Net Revenues. 

Such fee shall not exceed thirty percent (30%) of the Net Revenues. 

F. for Dkamruval. The Monitor shall not approve any 

management contract if the Monitor determines that: 

(1) The Manager or any Primary Management Official or Key 

Employee of the Manager is not licensed or is ineligible to be licensed; or 

(2) A trustee, exercising the skill and diligence that a 

trustee is cmmonly held to, would not appruve the contract. 

G. Action bv Monitor. The Monitor shall approve or disapprove a 

management contract within thirty (30) days after it is subdtted to the 

Monitor for approval. The Monitor may extend the thirty (30) day period by 

not more than thirty (30) days if he or she notifies Muht-Hei, Inc. and the 

General Council in writing of the reason for the extension. 

H. Modification and F&vocation of Mmammmt Cmkract. The 

Monitor, after notice and hearing, shall have the authority to require 

appropriate contract modifications and may void any management contract if 

it determines that this Gaming Ordinance or the management contract has 

been violated. 
I. No !Pransfer of Bsal ProPerty. No management contract for the 

operation and management of a gaming activity regulated by this Gaming 

Ordinance shall transfer or in any other manner convey any interest in land 

or other real property, unless specific statutory authority exists 

therefor and unless clearly specified in writing in said management 

contract. 

J. Amxuval by mil. Upon the approval of a management contract 

by the Monitor, the management contract shall be submitted to the General 

Council for approval or disapproval. The General Council shall approve or 

disapprove the management contract at its next regular meeting. 

K. Contract ~indirrs Uwn A?mmml. No management 

contract, and no modification, revision, or ammdment thereto, shall be 

binding upon Muht-Hei, Inc. unless and until approved by the Monitor and 

the General Council. 

section M. Fimncial Practioes And Reprtirq. 

A. -Y Remrts. On or before the tenth day of each month, 

Muht-Hei, Inc. and the Manager shall file with the Monitor and the General 

Council a certified financial report for the preceding calendar month 

showing the amount of gross receipts derived fram Games of chance, the 

operating expemes incurred or paid, the specific classifications of such 

expenses, the names and addresses of each person to wham has been paid Six 

Hundred Dollars ($600.00) or more in the aggregate and the pwposes of such 

payments, and the Net Revenues derived fram Games of chance. It is the 

duty of Muht-Hei, Inc. and the Manager to maintain and keep such books and 

records as may be necessary to substantiate the particulars of each report. 

If Muht-Hei, Inc. or the Manager fails to file a report within the time 
allowed, or if a report is not properly certified or not fully, accurately, 

and truthfully campleted, the license of Muht-Hei, Inc. and/or the Manager 

may be suspended by the Monitor until such time as the deficiency has been 

corrected. 

B. of Books and Rxords; Monitor Access. Full and 

accurate books of account shall be kept at the places of business of MuhtHei, Inc. and the Manager, showing the condition of the business and all 

transactions relating to Games of chance on the Reservation. The Monitor 

and the Chairman shall have access to such books of account and shall be 

entitled to examine them without notice at any time during ordinary 

business hours or during Games of chance either in person or by an agent. 

All records of Games of chance in whatever medium shall be maintained for 

five (5) years. 

C. Allmable Operath m. No item of expense shall be 

incurred or paid in connection with operating or conducting any Game of 

chance except a bona fide expense in a reasonable amount. Expemes may be 

incurred only for the following purposes: 

(1) For the purchase of goods, wares, and merchandise 

furnished; 

(2) For sewices rendered by the MaMger (including repayment 

of development fees and construction costs, if any) for maintenance or 

repairs of gaming and related equiprent, and for operating or conducting 

aGame of chance; 

(3) For rent, janitorial, and security services; 

(4) For legal and accounting fees; 

(5) For taxes and license fees ; 
(6) For utilities ; 

(7) For insurance; and 

(8) For prizes for winners of Gams of chance. 

D. D-it of Gross Rimeirks; FBYmer~t of ~~eratk m. All 

gross receipts shall be deposited in a special account of Muht-~ei, Inc. 

which shall contain only gross receipts. All operating expenxs shall be 

withdrawn from such account by consecutively numbered checks duly signed 

by the Manager or an official or officials thereof designated by the 

Manager, and the President of Muht-Hei, Inc. or an employee or employees 

thereof designated by the President, payable to a specific person or 

organization. No check shall be drawn to "cash1I or a fictitious payee. 

E. Annual Audit. Muht-Hei, Inc. and the Manager shall cause to be 

produced an annual outside independent certified audit of all gaming 

activities and shall deliver the same to the General Council, the Monitor, 

and the National Indian Gaming Carmnission in accordance with all 

applicable regulations. 

F. Audit of Contracts. Any contract for supplies, services, or 

merchandise in an amount greater than $25,000 annually, except contracts 

for professional legal or accounting services, which contract relates to 

gaming activities, shall be subject to annual outside independent 

certified audits on the order of the General Council or the Monitor. 

G. DisPositian of Net Revenues. One-half of the Net Rwenues 

derived frm Games of chance shall be deposited into the general fund of 

the Band on a quarterly basis and shall not be used for purposes other than 

to fund Band governmental operations and programs and pruvide for the 

general welfare of the Band and its members. One-half of the Net Revenues 
shall be retained by Muht-Hei, Inc. to prmote tribal econamic development 

in accordance with its charter. 

H. -1- with Intend menue Code. The Manager shall 

maintain a permanent record containing the name and address of each player 

who receives a prize if and as required by and in accordance with the 

Internal Revenue Code. 

Section X. BingP And Class I11 Games. 

A. Bb. Upon the General Council's appraral of a management 

contract, Muht-Hei, Inc. shall have authority to establish, equip, 

operate, and maintain a bingo operation on premises located at such places 

on the Reservation as the General Council may designate. 

B. Provisions Amlicable to Class 111 c;rmilur Activities. 

(1) Gamhg to be Pursuarrt to Caqmct. Any and all 

Class I11 Gaming Activities to be conducted on the Reservation shall be 

conducted in accordance with the Indian Gaming Regulatory Act, a Compact 

entered into between the Band and the State of California, and/or 

procedures appraved by the Secretary of Interior. 

(2) Vendor Licensing. Any person, corporation, or other 

entity that has supplied or proposes to supply any gaming equipent or 

devices to any entity on the Reservation for use in conjunction with any 

Class I11 gaming activity must be licensed by the Monitor and shall be 

subject to a full background investigation in acconhnce with the 

provisions of Section VII of this Ordinance, and the Monitor shall 

prescribe appropriate forms, procedures, and standards for such licensing. 

(3) Class I11 Gaming Rules. The Monitor shall have the 

authority to prescribe rules and procedures to govern any Class I11 gaming 
authorized to be conducted pursuant to this ordinance not inconsistent 

with the provisions of the Ccmpact or with this Ordinance, as the oni it or 

deems reasonable and appropriate. 

C. Action bv the Chairman. The Chairman may, at his or her 

discretion and on his or her uwn behalf, based on reasonable grounds or on 

reliable camplaint made, and after written notice giving Muht-Hei, Inc. 

and the Manager thirty (30) days to cure an alleged violation, seek such 

relief fram any court of ampetent jurisdiction as is authorized in this 

Gaming Ordinance or the Indian Gaming Regulatory Act, against Muht-Hei, 

Inc., the Manager or their Primary Management Officials, Key Employees, 

officers, directors, or employees having duties to perform respecting the 

operation and conduct of Bingo Games and/or Class I11 gaming, as may be 

necessary in the judgment of the Chairman for the proper enforcement of 

this Gaming Ordinance or any management contract. 

D. Desiunatian of Officer In Charcre. The Manager shall designate 

a person to be the officer in chaqe for each occasion. The officer in 

charge shall be primarily responsible for the operation and conduct of 

Bingo Games or Class I11 Gaming on that occasion. The officer in charge 

must have obtained a license from the Monitor at least ten (10) days prior 

to the occasion. The officer in charye shall supervise all activities on 

the occasion and shall be present on the premises continuously during the 

playing of Bingo Games or Class I11 Gaming and for a period of at least one 

(1) hour after the last Bingo Game of the occasion has been campleted. 

E. ODen to Muinitor. Premises where any Bingo Game or 

Class I11 Gaming is being operated or conducted, or where it is intended 
that a Bingo Game or Class I11 Gaming will be operated or conducted, shall 

at all times be open to inspection by the Monitor. 

F. Prizes. When any merchandise is awarded as a prize 

in a Bingo Game or Class I11 Gaming, the value of such merchandise shall be 

its current retail price. Merchandise awarded as a prize shall not be 

redeemable or convertible into cash, directly or indirectly. 

G. Usual Prices. Equipment, prizes, and supplies for Games of 

chance shall not be purchased or sold at prices in excess of the usual price 

thereof. 

H. Limits on Prizes. The size of the prizes offered or given in any 

Bingo Game or Class I11 Gaming or on any occasion shall be subject to such 

limits as may be established by regulations duly pramulgated by the Monitor 

or a Tribal-State Campact entered into pursuant to section ll(d) of the 

Indian Gaming Regulatory Act. 

I. Rules of Plav for Bimo Gams. 

(1) The equipment used in playing Bingo Games and the method 

of play shall be such that each card shall have an equal opportunity to win. 

The objects or balls to be drawn shall be essentially the same as to size, 

shape, weight, balance, and all other characteristics that may influence 

their selection. All objects or balls shall be present in the receptacle 

before each Game is begun. All numbers or designations drawn shall be 

announced plainly and clearly, and shall be audible or visible to all the 

players present including, where more than one roam is used for any Bingo 

Game, all players present in each roam. The receptacle, the caller, and 

the person removing the objects or balls from the receptacle must be 

visible to all the players at all times, except that where more than one 
roam is used for any Bingo Game, the receptacle and the caller must be 

present in the roam where the greatest number of players are present. The 

cards or sheets of the players shall be part of a deck, group, or series of 

cards, no two of which shall be alike, and which deck, group, or series 

shall not be so prepared or arranged as to prefer any card. The particular 

arrangement of numbers or designations required to be cavered in order to 

win the Game and the amount of the prize shall be plainly and clearly 

described, and audibly or visibly announced to the players immediately 

before each Game is begun. 

(2) Players Entitled to Verification. Any player shall be 

entitled to call for a verification of all numbers or designations drawn 

at the time a winner is determined, and for a verification of the objects 

or balls remaining in the receptacle and not yet drawn. The verification 

shall be made in the immediate presence of the officer in charye on the 

occasion. 

(3) Players Fteauhd 'Ib Be Present. Only persons physically 

present on the premises where a Bingo Game is actually operated and 

conducted may participate as players in the Game. 

J. I3mloyees; FTahbition hdnst Pmo lwees P1ayi.q. All persons 

who operate or conduct, or assist in operating or conducting, a Bingo Game 

or Class I11 gaming shall be employees of Muht-Hei, Inc. or the Manager and 

shall wear legible tags evidencing their names and the legend of the Band. 

No employee of Muht-Hei, Inc. who is employed at a Gaming Facility and no 

employee of the Manager may play any Bingo Game or Class I11 Gaming or win 

any prize or thing of value during his or her employment and for ninety (90) 

days after termination of such employment. 
K. mification for BrnploYDEI&; Test-. Employees of Muht-~ei, 

Inc. and the Manager shall be of good moral character, shall not have been 

convicted of any felony or gaming offense, and, as a condition of their 

contract of employment, shall agree to any lawful means of testing for 

truthfulness, including but not limited to polygraph testing, at any time 

and without prior notice, concerning the handling, collection, and/or 

disbursement of gross receipts. No person shall be employed by Muht-~ei, 

Inc. or the Manager to work for or at any Gaming ~acility, whose prior 

activities, criminal record if any, reputation, habits, or associations 

pose a threat to the public interest 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 operation or conduct 

of gaming or the carrying on of the business and financial arrangements 

incidental thereto. 

L. Prefenmce in Brnplavmerrt. Members of the Band and their spouses 

and children shall receive preference in employment and advancaent if 

they meet the qualifications for employment with Muht-Hei, Inc. and the 

Manager. 

M. Persarrnel Folicies. Muht-Hei, Inc. and the Manager shall adopt 

written personnel policies that shall be pruvided to each employee; these 

shall provide an informal grievance procedure and shall provide for an 

employee's right to receive a written statement of reasons for dismissal 

in the event such employee is dismissed. 

N. Hirim and 'Jhmu~ . . of BmDlwees. Muht-Hei, Inc. and the 

Manager shall provide sufficient training to all employees and shall 

provide for employees who are members of the Band training programs with 
specified timelines which will enable members of the Band to acquire the 

experience and skills necessary to became managers and supervisors in 

Bingo Games and Class I11 Gaming operated by Muht-Hei, Inc. 

Ekmnsesof~Bnp . . 0. lavees. The expense of pruviding 

training to members of the Band and to their spouses and children shall be 

an operating expense of Muht-Hei, Inc. and the Manager. 

P. Patron Disartes. 

(1) Refusal to Pav W-. Whenever the Manager refuses 

payment of alleged winnings to a patron, and the Manager and the patron are 

unable to resolve the dispute to the satisfaction of the patron and the 

dispute involves: 

a. At least five hundred dollars ($500), the Manager 

shall immediately notify the Monitor. The Monitor shall conduct whatever 

investigation it deems necessary and shall determine whether payment 

should be made ; or 

b. Less than five hundred dollars ($500), the Manager 

shall inform the patron of his or her right to request that the Monitor 

conduct an investigation. Upon request of the patron, the Monitor shall 

conduct whatever investigation it deems necessary and shall determine 

whether payment should be made. 

(2) Notice to Pa-. The Monitor shall mail written notice 

by certified mail, return receipt requested, to the Manager and the patron 

of the decision resolving the dispute within thirty (30) days after the 

date that the Monitor first receives notification fran the Manager or a 

request to conduct an investigation from the patron. 
(3) Effective Lhte of Decision. The decision of the Monitor 

is effective on the date it is received by the aggrieved party as reflected 

on the return receipt. 

(4) Review of Decision. Within thirty (30) days after the 

date of receipt of the written decision, the aggrieved party may file a 

petition with the Monitor requesting a review of the decision. The Monitor 

may set a hearing on the matter or may make a decision based solely upon the 

prior decision and other docmentation provided to it by the patron and the 

Manager. The Monitor shall then issue a written decision and mail it to the 

parties. The decision of the Monitor shall be final and binding upon the 

patron and the Manager and shall not be subject to judicial review, dispute 

resolution, or other legal action. 

Sectian XI. Suspension Or Revmation Of License. 

A. Grands for Sus~errsion and Revocation. If a licensee makes a 

false statement in any application for a license, in any statement annexed 

thereto, or in any response to a request by the Monitor for information; 

fails to keep sufficient books and records to substantiate the reports 

required by this Gaming Ordinance; falsifies any books or records relating 

to any transaction connected with the operation or conduct of any Game of 

chance; is convicted of any felony or gaming offense; interferes with or 

unduly influences or attempts to interfere or unduly to influence any 

decision or process of the govermnent of the Band relating to gaming; or 

deliberately or substantially fails to provide information to or answer 

relevant questions of the Monitor or otherwise fails to comply with this 

Gaming Ordinance or the terms of any license granted pursuant hereto; or if 

the Monitor receives reliable information from the National Indian Gaming 
Cammission or any other source that the licensee does not meet the 

standards established in Section VII; his or her license may be suspended 

and, after notice and a hearing before the Monitor pursuant to this 

Section, such license may be revoked. This sanction is in addition to any 

other sanction that may be imposed under this Gaming Ordinance. 

B. Notice; Tmncr]iate Sumension. Proceedings to suspend or revoke 

a license shall be initiated by the Monitor by serving a camplaint upon the 

licensee. If, in the Monitor's judgment, the public interest; the 

effective regulation and control of gaming; or the safe, fair, and honest 

operation and conduct of Games of chance so require, the Monitor may 

suspend a license immediately pending the holding of a hearing. Such an 

immediate suspension shall take effect upon service of the complaint upon 

the licensee. 

C. of -la%; Service. The complaint shall set forth 

the violations of this Gaming Ordinance which the Monitor has reasonable 

cause to believe the licensee has dtted. The Monitor shall cause the 

camplaint and notice of hearing to be served personally upon the licensee 

or any agent of the licensee, or to be sent by certified mail or wernight 

delivery to the licensee at the address sham upon the license. The 

cumplaint shall notify the licensee of the place and date of a hearing, 

such date to be not less than twenty (20) days after the licensee receives 

a copy of the camplaint. 

D. Answer; SubpoeMs. Upon receipt of a camplaint and notice of 

hearing, the licensee shall answer the complaint and shall inform the 

Monitor whether the licensee desires to present evidence. At the request 

of the licensee for good cause shown, or on its awn motion, the Monitor 
shall issue subpoenas for the attendance of witnesses and for the 

production of papers, books, records, and docmmts. 

E. Heard; Written Decision. The hearing shall be held and 

concluded without unreasonable delay. The Monitor shall hear the matter 

and make a decision in writing, including findings of fad in support of 

its decision. The Monitor shall issue its decision within thirty (30) days 

of the hearing. The licensee shall be informed immediately of the decision 

and, in the event of a suspension or revocation of his or her license, of 

the effective date of the suspension or revocation. 

F. smmmder of Liamse. When the Monitor suspends or revokes a 

license, the licensee shall surrender the license to the Monitor on or 

before the effective date of the suspension or revocation. No license 

shall be valid as of the effective date of the suspension or revocation, 

whether surrendered or not. 

G. Additional Samtians. Upon its determination to suspend or 

revoke a license, the Monitor, in addition to any other penalties that may 

be imposed, may declare the licensee ineligible to operate or conduct Games 

of chance, to participate, directly or indirectly, in the operation or 

conduct of Games of chance, or to apply for a license for a period not 

exceeding twelve (12) months. Such declaration of ineligibility may be 

extended to include any primary management officials, key employees, 

owners, officers, or directors of the licensee, and any of its subsidiary 

organizations, parent organizations, or affiliates. 

H. Armeal to Executive Ckmnittee. Any licensee aggrieved by a 

decision of the Monitor, within thirty (30) days after receipt of a aopy of 

the order of the Monitor, may appeal the order to the Executive Camnittee, 
and the Executive Cdttee shall have jurisdiction to consider and 

resolve such appeal. The Executive Cananittee shall affirm the order of the 

Monitor unless such order was entered in violation of due process, was 

arbitrary or capricious, or was otherwise in contravention of law. The 

Executive Camittee may reverse, vacate, or modify the order of the Monitor 

if the Executive Cammittee determines that the order was unlawful. In 

reaching its decision, the Executive Cammittee shall consider only such 

evidence relating to the order frm which appeal is taken as appears in the 

records of the Monitor and was available to the Monitor at the time of its 

decision. 

Section XII. Enfomemmt; Jurisdiction; SubpoeMs. 

A. Civil mes. Except as otherwise provided in this Gaming 

Ordinance, any person authorized to enforce this Gaming Ordinance may 

bring a civil action in the any court of cumpetent jurisdiction against any 

person who violates this Gaming Ordinance or engages in an activity or 

activities prohibited herein and recover monetary damages, attorney fees, 

injunctive relief, and/or any other relief that is just and equitable under 

the circumstances. The court may order a person who dts an intentional 

or wilful violation to pay punitive damages, which shall be assessed in an 

amount not to exceed three (3) times the actual damages or one thousmi 

dollars ($1,000), whichever is greater. The court may order a civil 

penalty not to exceed five thousand dollars ($5,000) for each day that a 

violation occurs and for each separate violation. For good and sufficient 

cause found, the court may exclude frm the Fhservation any person who 

engages in an activity or activities in violation of this Gaming Ordinance 

to the extent such exclusion is not inconsistent with the laws of the Band. 
Any person who violates this Gaming Ordinance, or whose employees or agents 

in the course of their employment or agency violate this Gaming ordinance, 

may have the right to engage in business on the Reservation suspended or 

terminated. Nothing in this Gaming Ordinance shall be construed to 

authorize or require the exercise of criminal jurisdiction over nonIndians except to the extent alluwed by any applicable present or future 

Act of Congress or any applicable federal court decision. 

B. Enfomemmt of Monitor SubPoeMs. If a person subpoenaed to 

attend or to produce books, accounts, records, or other docummts in any 

investigation or hearing conducted by the Monitor fails to obey the command 

of the subpoena without reasonable cause, or if a person in attendance at 

any hearing or investigation refuses, without lawful cause, to be 

examined, to answer a legal and pertinent question, or to exhibit any book, 

account, record, or other document when ordered to do so by the 

representative of the Monitor conducting such investigation or hearing, 

the Monitor may apply to any court of cmpete.nt jurisdiction for an order 

returnable in not less than five (5) nor more than ten (10) days directing 

the person to show cause why he should not wmply with such subpoena. For 

purposes of this Gaming ordinance, no person shall be excused frcnn 

testifying or producing any books, accounts, records, or other documents 

in any investigation or hearing on the ground that such testimony or 

documentary evidence may tend to incriminate him or her, if the Monitor or 

court agrees in writing that such person shall not be prosecuted, punished, 

or subjected to any penalty or forfeiture resulting fmm such testimony or 

production, provided that no person shall be exempt fmm prosecution or 
punishment for any act of perjury camitted by him or her under a grant of 

immunity under this Subsection. 

Section XIII. Ef feczive Date. 

This Gaming Ordinance shall be effective upon its approval by the 

Chairman of the National Indian Gaming Canmission.