Resolution No. 93-RS-29

RESOLUTION

OP THE

RENO-SPARKS TRIBAL COUNCIL

WHEREAS, the Tribal Council of the Reno-Sparks Indian Colony is

organized pursuant to the provisions of the Indian

Reorganization Act of June 18, 1934 (48 Stat. 984) as

amended;

WHEREAS, the Tribal Council is empowered under Article VI,

Section 1 (i) of the Constitution to establish

subordinate organizations and to vest in these

organizations all necessary powers; and

WHEREAS, the Tribal Council has enacted Title 20 of the Law and

Order Code, Gaming Licensing and Control Act, and under

Section 8 of that Title established the RenoSparks

Indian Colony Gaming Commission and under Section 5 of

that Title established that the Chairman of the Reno

Sparks Indian Colony Gaming Commission is the designated

agent to receive all service of documents, determinations

and correspondence from the National Indian Gaming

Commission and from other persons or entities as provided

by that Ordinance;

NOW, THEREFORE, BE IT RESOLVED, that Arlan D. Melendez is hereby

appointed Chairman of the Reno Sparks Indian Colony

Gaming Commission, and as such, is the designated agent.

CERTIFICATION

I, the undersigned Secretary of the Reno-Sparks Tribal Council,

hereby certify that the Tribal Council, composed of seven (7)

members, of whom six (6) constituting a quorum, were present at a

duly called meeting which was convened and held on the Sixth day of

July, 1993, and that the foregoing resolution was duly adopted by

a vote of three (3) for, zero (0) against, and two (2) abstentions,

pursuant to authority contained in the Constitution and By-Laws of

the RenoSparks Indian Colony.

H~NRIETTA A. TOBEY, secretaryi

Rena-Sparks Tribal Council
RENO-SPARKS INDIAN COLONY

LAW & ORDER CODE - TITLE 20

GAMING LICENSING AND CONTROL ACT
TABLE OF CONTENTS

Title 20 -

Gaming Licensing and Control

CHAPTER ONE

TITLE

Short Title

1

1

Section 2

2.1

PUBLIC POLICY

Public Policy of Tribe Concerning Gaming: License

Revocable Privilege

2.2 No Vested Right to License

or Airnroval

1

1

1

Section 3 DEFINITIONS

3.2 defined

defined

Equipment defined

Investigations defined

defined

defined

A Offense defined

I Gaming defined

II Gaming defined

III Gaming defined

defined

defined

member defined

defined

and Gambling defined

compact defined

device defined

license defined -

examiner defined -

Gaming Regulatory Act defined -

employee defined

defined

fees defined

gaming establishment defined .

defined

contract defined

Indian Gaming Commission defined

revenues defined

defined

2

2

2

2

2

2

2

2

2

3

3

3

3

3

3

3

3

4

4

4

4

4

4

4

4

4

4

5

5

5

Section 1

1.1

1

1

3.3

3.4

3.5

3.6

3.7

3.8

3.9

3.10

3.11

3.12

3.13

3.14

3.15

3.16

3.17

3.18

3.19

3.20

3.21

3.22

3.23

3.24

3.25

3.26

3.27

3.28

3.29

3.30
3.31 of slot machine routett defined 5

3.32 defined 5

3.33 management official defined 5

3.34 and calendar quarter defined 5

3.35 defined - 6

3.36 defined - 6

3.37 machine defined 6

3.38 license defined - 6

3.39 or Tribal defined 6

3.40 Indian Colony Tribal Attorney is legal advisor for Tribal

Gaming Commission defined 6

Section 4 SCOPE 7

4.1 of regulations governing Class I. Class II and Class III

Gaming 7

Section 5 SERVICE 7

5.1 of agent for service; notification to the National Indian

Gaming Commission 7

Section 6 GAMING OWNERSHIP 8

6.1 ownership: use of net revenues 8

Section 7 GAMING POLICY COMMITTEE 8

(reserved) 8

Section 8 RENO-SPARKS INDIAN COLONY

GAMING COMMISSION 8

8.1 Creation: number of members 8

8.2 Members: Discharge of duties: certain political activities prohibited:

oaths 9

8.3 Member: Salaries 9

8.4 Tribe to furnish administrative and clerical services and equipment to

Tribal Gaming Commission: administrative costs 9

8.5 Office 9

8.6 Meetings: quorum 9

Section 9 POWERS AND DUTIES OF COMMISSION 10

9.1 Records of Commission: report to tribal council by Commission 10

9.2 General powers and duties of Tribal Gaming Commission 11

9.3 Procedures for forwarding applications and reports for key employees and

primary management officials to the National Indian Gaming Commission:

granting of gaming license 13

9.4 Background investigation of qualifications of applicants: application

contents: and notification to the National Indian Gaming Commission . .

14

9.5 Renewal of Reno-Sparks Indian Colony gaming licenses: penalties 17
9.6 Privacy Act and false statement notifications on the application form . . . .

18

9.7 Initiation of proceedings and actions to enforce Chapter 19

9.8 Exercise of other necessary powers by Tribal Gaming Commission 19

Section 10 MANAGEMENT CONTRACTS 19

10.1 Application 19

10.2 Requirements for review and approval 20

10.3 Submission: time: fees 20

10.4 Background investigations 21

10.5 Application form: information required 21

10.6 Listing of individuals within an entity: information required 23

10.7 Accounting 25

10.8 Audits: submission 26

10.9 Reporting: access: guaranteed payment to Tribe: and development and

construction costs 26

10.10 Term limits and compensation of the management contract 27

10.11 Termination: modification: dispute resolution 27

10. 12 Assignments: subcontracting: ownership interests 28

10.13 Effective date 28

10.14 Prohibitions 28

Section 11 REGULATIONS OF TRIBAL GAMING COMMISSION 28

11.1 Adoption. amendment and repeal: Procedure 28

11.2 Required provisions 30

11.3 Regulations requiring exclusion or ejection of certain persons from

licensed establishments: Persons included 31

11.4 Regulations requiring exclusions or ejection of certain persons from

licensed establishments: Notice to person whose name is placed on list .32

11.5 Regulations requiring exclusion of ejection of certain persons from

licensed establishments: Hearing: disposition: judicial review 32

11.6 Regulations requiring exclusion or ejection of certain persons from gaming

establishments: Penalties for failure to exclude or eject 33

11.7 Regulations requiring exclusion or ejection of certain persons from gaming

establishments: Unlawful entry by person whose name has been placed on

list: penalty 33

11.8 Regulations concerning financial practices of Class II and Class ifi gaming

operations: Minimum procedures for control of internal fiscal affairs of

Class II and Class III gaming operations: external audits 33

11.9 Regulations concerning financial practices of Class H and Class III gaming

operations: Periodic financial reports from Class II or Class III gaming

operations 34

11.10 Regulations concerning financial practices of Class II and Class III gaming

operations: Duties of Reno-Sparks Indian Colony auditor 34

11.11 Regulations concerning financial practices of Class II and Class III gaming

operations: Computation and reporting of winnings. compensation and
gross revenue 34

11.12 Regulations governing operation of slot machine routes 34

Section 12 GAMING 35

12.1 Licenses required 35

12.2 RSIC gaming license required where equipment. services or property

delivered or furnished for gaming interest or revenues 35

12.3 Licensing of certain persons having significant influence over gaming

operation of licensee: remuneration. contracts and employment prohibited

for certain unsuitable or unlicensed persons 36

12.4 Suitability or licensing of certain persons furnishing service or property

or doing business with key employee or a primary management official:

termination of association 37

12.5 Licensing of person conducting certain tournaments or contests in

association with gaming licensee: termination of association 38

12.6 Restrictions on person denied license or found unsuitable 38

12.7 Operation and maintenance of gaming device: Approval of Tribal Gaming

Commission 38

12.8 Gaming must be conducted with legal tender or tokens, chips or other

instrumentalities approved by Commission 39

12.9 Investigations: disciplinary proceedings: duties of Commission: powers of

Commission 39

12.10 Emergency order of Commission 40

12.11 Disciplinary action: Complaint: answer: failure to answer or appear:

notice of hearing 41

12.12 Hearing: Subpoena: payment of fees, subsistence and transportation for

witness: deposition 42

12.13 Hearings: procedure; use of affidavit 43

12.14 Hearings other than investigative hearings: Procedure 45

12.15 Amended or supplemental pleadings 45

12.16 Contempt 45

12.17 Written decision and order of Commission: rehearing 45

12.18 Judicial review: Petition: intervention: stay of enforcement priority if

supervisor appointed 46

12.19 Judicial review: Record on review 47

12.20 ludicial review: Additional evidence taken by commission: review

confined to record: court may affirm, remand or reverse 47

12.21 Judicial review: Appeal to appellate court: exclusive method of review

for disciplinary hearings: certain actions not subject to judicial review . .

48

Section 13 MISCELLANEOUS PROVISIONS 49

13.1 Investigative fund 49

13.2 Summary suspension of key employees and primary management

officials gaming license: Emergency order: hearing: notice of defense .

49

13.3 Revocation of key employee or primary management officials gaming

license: Grounds, power of commission: judicial review 50
13.4 Declaratory judgment: limitations on injunctive relief 51

13.5 Injunctions 52

13.6 Prosecution by tribal attorney of violations of gaming laws 52

13.7 Gaming or employment in gaming prohibited for persons under 21 53

13.8 Tribal Prosecutor and chief of police to furnish information obtained

during investigation or prosecution 53

13.9 Penalties 53

13.10 Protection of the Environment and Public Health and Safety 54

13.11 Severability Clause 54

Section 14 RECOVERY OF GAMING DEBTS BY PATRONS 54

14.1 Refusal by licensee to pay alleged winnings: investigation: resolution of

dispute by Commissions agent 54

14.2 Petition for hearing by Commission: notice and conduct of hearing 55

14.3 Burden of proof on party seeking reconsideration: decision of Tribal

Gaming Commission 56

14.4 Payment of claim after decision of Commission becomes final: deposit and

withdrawal of amount of claim upon judicial review 56

14.5 Judicial review: Petition: intervention: stay of enforcement 56

14.6 Judicial review: Record on review 57

14.7 Judicial review: Additional evidence taken by Commission: review

confined to record: court may affirm, remand or reverse 58

14.8 Judicial review: Appeal: exclusive method of review: costs to transcribe

proceedings and transmit record 58
RENO-SPARKS INDIAN COLONY

LAW AND ORDER CODE

Title 20 -

Gaming Licensing and Control

Be it enacted by the Tribal Council of the Reno-Sparks Indian Colony in a meeting assembled

on June 16, 1993, the following:

CHAPTER ONE

Section 1 TITLE

1.1 Short Title This title is known and may be cited as the Reno-Sparks Indian Colony

Gaming License and Control Act.

Section 2 PUBLIC POLICY

2.1 Public Policy of Tribe Concerning Gaming: License or Approval Revocable Privilege

The Tribal Council hereby finds and declares to be the public policy of this tribe that:

(a) The gaming industry is vitally important to the economic development and selfsufficiency of the tribe and the general welfare of the tribal members;

(b) The continued growth and success of gaming is dependant upon public confidence

and trust that licensed gaming is conducted honestly and competitively, that the

rights of the creditors of licensees are protected and that gaming is free from

criminal and corruptive elements;

(c) Public confidence and trust can only be maintained by strict regulation of all

persons, locations, practices, associations and activities related to the operation

of licensed gaming establishments;

(d) All establishments where gaming is conducted and where gambling devices are

operated must therefore be licensed, controlled and assisted to protect the public

health, safety, morals, good order and general welfare of members of the tribe

to foster the stability and success of gaming and to preserve the competitive

economy and policies of free competition of the Reno-Sparks Indian Colony.

2.2 No Vested Right to License No applicant for a license or other affirmative Tribal

Gaming Commission approval has any right to a license or the granting of the approval

sought. Any license issued or other Tribal Gaming Commission approval granted

pursuant to the provisions of Title 20; Chapter One of the Reno-Sparks Indian Colony

Law and Order Code is a revocable privilege, and no holder acquires any vested right

1
therein or thereunder.

Section 3 DEFINITIONS

3.1 Definitions -

As used in this chapter, the words and terms defined in Section 3, inclusive,

unless the context otherwise requires, have these meanings ascribed to them in those

sections.

3.2 defined -

Applicant means any person who applies for or is about to apply

for a tribal gaming license, under the provisions of this chapter, or approval of any act

or transaction for which Tribal Gaming Commission approval is required or permitted

under the provisions of this Chapter of the Reno-Sparks Indian Colony Law and Order

Code.

3.3 defined -

Application means a request for issuance of a tribal gaming

license, under the provisions of this Chapter of the Reno-Sparks Indian Colony Law and

Order Code, or approval of any act or transaction for which Tribal Gaming Commission

approval is required or permitted under the provisions of this Chapter of the Reno-Sparks

Indian Colony Law and Order Code.

3.4 Equipment defined - Associated Equipment means any equipment or

mechanical, electromechanical or electronic contrivance, component or machine used

remotely or directly in connection with gaming that would not otherwise be classified as

a gaming device, including equipment which effects the proper reporting of gross

revenue, computerized systems for monitoring slot machines and devices for weighing

or counting money.

3.5 Investigations defined -

Background Investigations means an

investigation conducted by the Reno-Sparks Indian Colony Gaming Commission of key

Employees and Primary Management Officials pursuant to this Ordinance and the Indian

Gaming Regulatory Act as a condition precedent to the issuance of a gaming license.

3.6 defined -

Bingo means the game of chance as defined in § 3.10.

3.7 defined - Chairman means the Chairman of the Reno-Sparks Indian

Colony Gaming Commission.

3.8 A Offense defined -

Class A Offense means an offense punishable by labor or

jail for a period not to exceed 1 year, or a fine not to exceed $5000, or both such fine

and imprisonment.

3.9 I Gaming defined -

Class I Gaming means social games solely for prizes of

minimal value or traditional forms of Indian gaming engaged in by individuals as a part

of, or in connection with, tribal ceremonies or celebrations.

2
3.10 II Gaming defined -

Class II Gaming means: (i) the game of chance commonly

known as bingo (whether or not electronic, computer, or other technologic aids are used

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

bearing numbers or 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; and (ii) card games that are explicitly authorized by the

laws of the State of Nevada or are not explicitly prohibited by the laws of the State of

Nevada and are played at any location in the State of Nevada, but only if such card

games are played in conformity with those laws and regulations (if any) of the State of

Nevada regarding hours or periods of operations of such card games or limitations on

wagers or pot sizes in such card games. The term Class II Gaming does not include

any banking card games, including baccarat, chemin de fer, or blackjack (21), or electric

or electromechanical facsimiles of any game of chance or slot machines of any kind.

3.11 III Gaming defined - Class III Gaming means all forms of gaming that are not

defined above as Class I Gaming or Class II Gaming, except that Class III gaming

includes any video facsimile of games defined as Class II games and those Class II games

set forth in § 3.10 above when played at locations other than at the same location as a

bingo game or played subject to agreed upon limitations not in conformance with the

State law or regulations. Class III Gaming also means those forms of gaming conducted

pursuant to a Tribal-State Gaming Compact between the Reno-Sparks Indian Colony and

the State of Nevada.

3.12 defined - Commission means the Reno-Sparks Indian Colony Gaming

Commission.

3.13 defined -

Commissioner means a member of the Reno-Sparks Indian

Colony Gaming Commission.

3.14 member defined - Commission member means a member of the Reno

Sparks Indian Colony Gaming Commission.

3.15 defined - Establishment means any premises wherein any gaming is

done.

3.16 and Gambling defined -

Gaming or gambling means to deal, operate,

carry-on, conduct, maintain or expose for play any game as defined in the Reno-Sparks

Indian Colony Law and Order Code Title 13, § 2.9, § 2.10 and § 2.11.

3.17 compact defined - A negotiated agreement, required by § 2710(d)(1) of the

Indian Gaming Regulatory Act, between the Tribe and the State of Nevada entered into

3
MLINTE~1c~~THER,DEcKE TEL:14064529787 Oct 2~93 10:54 No.003 P.03

the exterior boundaries of the Rcno Sparks Indian Colony.

3.18 device defined -

Gaming device means any equipment or mechanical,

electromechanical: or electronic contrivance, component or machine used remotely or

directly in connect on with gaming or any game which affects the result of a wager by

determining win or loss, The term includes a system for processing information which

can alter the system or device which affects a game solely by stopping its operation so

that the outcome remains undetermined.

3.19 license~ defined -

Gaming license means any license issued by the Reno

Sparks Indian Colony or any political subdivision thereof pursuant to this Chapter and

the Indian Gaming Regulatory Act which authorized the person named therein to engage

in or be directly connected with the operation of a gaming establishment.

3.20 examiner defined -

Hearing examiner means a member of the Reno-Sparks

Indian Colony Gaming Commission or other authorized person of the Reno-Sparks Indian

Colony Gaining Commission to conduct investigative hearings.

3.21 Gaming Regulatory Act defmed -

Indian Gaining Regulatory Act means the

Act passed by the, Congress in 1988, contained at 25 U.S.C. § 2701 Ct seq., to provide

clear standards or regulations for the conduct of gaming on Indian lands.

3.22 employee defined -

Key employee means any person connected with any

Chippewa Cree Class II or Class Ill Gaming Operation who performs one or more of the

following jobs: 1) Bingo caller; 2) Counting room supervisor, 3) Chief of security; 4)

Custodian of gaming supplies or cash; 5) Floor manager, 6) Pit boss; 7) Dealer; 8)

Croupier, and 9) Approver of credit. Key employee also encompasses any custodian

of gambling devices including persons with access to cash and accounting records within

such devices, any person whose total cash compensation is in excess of $50,000 per year,

or the four most highly compensated persons in the gaming operation.

3.23 defined -

License means a Reno-Sparks gaming license.

3.24 fees defined - License fees means any moneys required by law to be paid

to obtain or renew a gaming license.

3.25 gaming establishment defined -

Licensed gaming establishment tneans any

premises pursuant to the provisions of this Chapter wherein or whereupon gaming is

done.

3.26 defined -

Licensee means any person to whom a valid gaming license has

been issued.

3.27 contract defined -

Management contract means any Contract,

4
subcontract, or collateral agreement between the Reno Sparks Indian Colony and a

contractor that provides for the management of a gaming operation.

3.28 Indian Gaming Commission defined - National Indian Gaming Commission

means the Commission established within the Department of the Interior with the power

to oversee the activities of Class II Gaming conducted on the Reno Sparks Indian Colony;

to promulgate the regulations implementing the Indian Gaming Regulatory Act; and to

approve ordinances or resolutions adopted by the Reno Sparks Indian Colony governing

the control of Class II and Class III Gaming.

3.29 revenues defined - Net revenues means gross revenues of an Indian gaming

activity less amounts paid out as, or paid for, prizes and total operating expenses,

excluding management fees. The term does not include:

(a) Counterfeit money or tokens;

(b) Coins of other countries which are received in gaming devices;

(c) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee

is not reimbursed; or

(d) Cash received as entry fees for contests or tournaments in which patrons compete

for prizes.

3.30 defined -

Operation means the conduct of gaming.

3.31 of slot machine route defined -

Operator of slot machine route means a

person who, under any agreement whereby consideration is paid or payable for the right

to place, slot machines, engages in the business of placing and operating slot machines

upon the business premises of others at two or more locations.

3.32 defined -

Party means the Reno-Sparks Indian Colony Gaming Commission

and any licensee or other person appearing of record in any proceedings for judicial

review of any action, decision or order of the Tribal Gaming Commission.

3.33 management official defined -

Primary management official means the

management contractor, any person who has the authority to hire and fire employees or

set up working policy for the gaming operations, or the chief financial officer or other

person who has fmancial management responsibility for a gaming operation.

3.34 and calendar quarter defined -

Quarter or calendar quarter means a

period of 3 consecutive months commencing on the 1st day of January, April, July, or

October in any year.

5
3.35 defined -

Regulation means a rule, standard, directive, or statement of

general applicability which effectuates law or policy, or describes the procedure or

requirements for practicing before the Tribal Gaming Commission. The term includes

a proposed regulation and the amendment or repeal of a prior regulation, but does not

include:

(a) A statement concerning only the internal management of the Tribal Gaming

Commission and not affecting the rights or procedures available to any licensee

or other person;

(b) A declaratory ruling;

(c) The Tribal Gaming Commissions decision in a contested case or the

administration of this chapter;

(d) A notice concerning the fees to be charged which are necessary for the

administration of this chapter.

3.36 defined -

Respondent means any licensee or other person against whom

the tribal prosecutor or tribal attorney has filed a complaint with the Tribal Gaming

Commission.

3.37 machine defined -

Slot machine means any mechanical, electhcal or other

device, contrivance or machine which, upon insertion of a coin, token, or similar object,

or upon payment of any consideration, is available to play or operation of which,

whether by reason of the skill of the operator in playing a gambling game which is

presented for play by the machine or application of the element of chance, or both, may

deliver or entitle the person playing or operating the machine to receive cash, premiums,

merchandise, tokens or anything of value, whether the payoff is made automatically from

the machines or in any other manner.

3.38 license defined -

Temporary license means a license which is valid only

for a period not to exceed 90 days from the date of issue during which time the Tribal

Gaming Commission conducts a background investigation. A temporary license is not

renewable.

3.39 or Tribal defined - Tribe or Tribal means the Reno Sparks Indian Colony.

3.40 Indian Colony Tribal Attorney is legal advisor for Tribal Gaming

Commission defined -

Reno-Sparks Indian Colony Tribal Attorney is legal advisor for

Tribal Gaming Commission means the tribal attorney and his designee are the legal

advisors for the Tribal Gaming Commission and shall represent the Tribal Gaming

Commission in any proceeding to which either is a party.

6
Section 4 SCOPE

4.1 of regulations governing Class I. Class II and Class III Gaming

(a) All gaming on the Reno Sparks Indian Colony must be conducted within the

parameters of this Ordinance, 25 CFR 501 et seq., the Federal Indian Gaming

Regulatory Act found at 25 U.S.C §~ 2701 et seq, and any gaming compact

governing Class III Gaming which the Tribe may enter into with the State of

Nevada. These laws and regulations provide that:

(i) Class I Gaming is not subject to the Indian Gaming Regulatory Act and

is within the exclusive jurisdiction of the Tribe;

(ii) Class II Gaming is subject to the Indian Gaming Regulatory Act, is

conducted under the jurisdiction of the Tribe and the National Indian

Gaming Commission, and the Tribe must issue a separate license to each

place, facility, or location on the Reno-Sparks Indian Colony where the

Colony elects to allow Class II gaming; and

(iii) Class III Gaming is subject to the Indian Gaming Regulatory Act and shall

be regulated according to the provisions contained within the Reno Sparks

Indian Colony Gaming Licensing and Control Act and any Tribal/State

gaming compact entered into between the Tribe and the State of Nevada.

(b) All the regulations within this gaming ordinance dealing with Class III Gaming

do not, and are not effective, until a gaming compact covering Class III Gaming

activities is entered into between the Reno-Sparks Indian Colony and the State of

Nevada and such Class III Gaming compact is duly approved by the National

Indian Gaming Commission.

Section 5 SERVICE

5.1 of agent for service: notification to the National Indian Gaming

Commission

(a) The Chairman of the Tribal Gaming Commission is the designated agent to

receive all service of documents, determinations and correspondence from the

National Indian Gaming Commission and from other persons or entities as

provided by this Ordinance.

(b) The Tribe shall send written notification to the National Indian Gaming

Commission designating the Chairman of the Tribal Gaming Commission as the

Tribes agent for service on gaming matters.

7
(c) Any management contractor operating a gaming operation on the Reno Sparks

Indian Colony shall send to the National Indian Gaming Commission and the

Chairman of the Tribal Gaming Commission a written designation of the

management contractors agent who will receive service of acts of the National

Indian Gaming Commission and the Tribal Gaming Commission.

Section 6 GAMING OWNERSHIP

6.1 ownership: use of net revenues

(a) The Tribe shall have the sole proprietary interest in any Class II or Class III

Gaming operation and shall have the sole responsibility for the operation of any

Class II Gaming operation and the sole responsibility for any Class III Gaming

as provided in any Tribal/State gaming compact.

(b) The Tribe shall use the net revenues received from Class II and Class III Gaming

operations only for:

(i) the Tribes governmental operations and programs;

(ii) the general welfare of the Tribe or its members, provided that any plan

to distribute the net revenues as per capita payments must be approved by

the Assistant Secretary - Indian Affairs before such distribution;

(iii) the promotion of the Tribes economic development;

(iv) donations to charity organizations as defined by the Tribe; and

(v) the funding of local federal, state and county governmental agencies.

Section 7 GAMING POLICY COMMITfEE

(reserved)

Section 8 RENO-SPARKS INDIAN COLONY

GAMING COMMISSION

8.1 Creation: number of members The Reno-Sparks Indian Colony Gaming Commission,

consisting of five (5) members, appointed by the Reno-Spark Indian Colony Tribal

Council, is hereby created.

8
8.2 Members: Discharge of duties: certain political activities prohibited: oaths

(a) The Tribal Gaming Commission members shall devote such time to the business

of the Tribal Gaming Commission as may be necessary to the discharge of their

duties.

(b) Before entering upon the duties of his office, each member shall subscribe to the

constitutional oath of office and, in addition, swear that he is not actively engaged

in nor does he hold a direct pecuniary interest in gaming activities.

8.3 Member: Salaries The chairman and members of the Tribal Gaming Commission are

entitled to an honorarium to be determined by the Tribal Council.

8.4 Tribe to furnish administrative and clerical services and equipment to Tribal Gaming

Commission: administrative costs

(a) The Tribe shall furnish to the Tribal Gaming Commission such administrative and

clerical services and such furnishings, equipment, supplies, stationery, books,

motor vehicles and all other things as the Tribal Gaming Commission may deem

necessary or desirable in carrying out its functions.

(b) Except as otherwise provided in this Chapter, all costs of administration incurred

by the Tribe on behalf of the Tribal Gaming Commission shall be paid by the

Tribe.

8.5 Office

(a) The Tribal Gaming Commission shall keep its main office at the Reno-Sparks

Indian Colony.

8.6 Meetings: quorum

(a) Regular and special meetings of the Tribal Gaming Commission may be held, at

the discretion of the Tribal Gaming Commission, at such times and places as it

may deem convenient, but at least one regular meeting annually.

(b) A majority of the members is a quorum of the Tribal Gaming Commission.

(c) Background investigations and investigative hearings may be conducted by one

or more members of the Tribal Gaming Commission with the concurrence of a

majority of the Tribal Gaming Commission, or by a hearing examiner as directed

by the Tribal Gaming Commission, or by other means as provided in any gaming

compact.

9
Section 9 POWERS AND DUTIES OF COMMISSION

9.1 Records of Commission: report to tribal council by Commission

(a) The Tribal Gaming Commission shall cause to be made and kept a record of all

proceedings at regular and special meetings of the Tribal Gaming Commission.

(b) The Tribal Gaming Commission shall maintain a file of all applications for

licenses under this chapter, together with a record of all action taken with respect

to those applications.

(c) The Tribal Gaming Commission may maintain such other files and records as

they may deem desirable.

(d) Except as provided in this subsection and subsection (e), all information and data:

(i) Required by the Tribal Gaming Commission to be furnished to it under

this Chapter or which may be otherwise obtained relative to the finances,

earnings or revenue of any applicant of licensee;

(ii) Pertaining to an applicants criminal record, antecedents and background

which have been furnished to or obtained by the Tribal Gaming

Commission from any source;

(iii) Provided to the members, agents or employees of the Tribal Gaming

Commission by a governmental agency or an informer or on the assurance

that the information will be held in confidence and treated as confidential;

and

(iv) Obtained by the Tribal Gaming Commission from a manufacturer,

distributor or operator relating to the manufacturing of gaming devices,

are confidential and may be revealed in whole or in part only in the

course of the necessary administration of this Chapter or upon the lawful

order of a court of competent jurisdiction. The Tribal Gaming

Commission may reveal such information and data to the National Indian

Gaming Commission; to an authorized agent of any agency of the United

States Government, and any state or any political subdivision of this state

pursuant to regulations adopted by the Tribal Gaming Commission or

gaming compact.

(e) Before the approval of the tribal budget by the Tribal Council, the Tribal Gaming

Commission shall submit to the Tribal Council for its review and for the use of

the Tribal Council a report on the net revenue and average depreciation of all

licensees.

10
(t) Notice of the content of any information or data furnished or released pursuant

to subsection (d) may be given to any applicant or licensee in a manner prescribed

by regulations adopted by the Tribal Gaming Commission.

(g) The files, records of the Tribal Gaming Commission are open at all times to

inspection by the National Indian Gaming Commission and its authorized agents.

(h) All files, records, reports and other information pertaining to gaming matters in

the possession of the Tribal Council must be made available to the Reno-Sparks

Indian Colony Gaming Commission as is necessary to the administration of this

Chapter.

9.2 General powers and duties of Tribal Gaming Commission

(a) The provisions of this Chapter with respect to Reno-Sparks Indian Colony gaming

licenses must be administered by the Tribal Gaming Commission, which shall

administer them for the protection of the public and in the public interest in

accordance with the policy of this Tribe.

(b) The Tribal Gaming Commission and their agents may:

(i) Inspect and examine all premises wherein gaming is conducted or

gambling devices or equipment are manufactured, sold or distributed.

(ii) Inspect all equipment and supplies in, upon or about such premises.

(iii) Summarily seize and remove from such premises and impound any

equipment or supplies for the purpose of examination and inspection.

(iv) Demand access to and inspect, examine, photocopy and audit all papers,

books and records of applicants and licensees, on their premises, or

elsewhere as practicable, and in the presence of the licensee or his agent,

respecting the gross income produced by any gaming business, and require

verification of income, and all other matters affecting the enforcement of

the policy or any of the provisions of this Chapter.

(v) Determine the eligibility for and the issuance of gaming licenses to key

employees, primary management officials and any other person or entity

other than the Reno Sparks Indian Colony for the conduct of Class II

Gaming with prompt notification to the National Indian Gaming

Commission of such issuance of license.

(c) For the purpose of conducting audits after the cessation of gaming by a licensee,

the former licensee shall furnish, upon demand of an agent of the Tribal Gaming

11
Commission, books, papers and records as necessary to conduct the audits. The

former licensee shall maintain all books, papers and records necessary for audits

for a period of 1 year after the date of the surrender or revocation of the former

licensees gaming license. If the former licensee seeks judicial review of the

deficiency determination or files a petition for a redetermination, he must

maintain all books, papers and records until a final order is entered on the

determination.

(d) The Tribal Gaming Commission may investigate, for the purpose of prosecution,

any suspected criminal violation of the provisions of this Chapter. For the

purpose of the administration and enforcement of this Chapter, so far as it

involves crimes against the property of gaming licensees, the Tribal Gaming

Commission and investigative personnel of the Tribal Gaming Commission have

the powers of a peace officer of the Reno Sparks Indian Colony.

(e) For the purpose of protecting members of the Tribal Gaming Commission and

their property, and providing security at meetings of the Tribal Gaming

Commission, the Tribal Gaming Commissioners and the agents of the Tribal

Gaming Commission, whose duties include the enforcement of this ordinance,

have the power of a peace officer of the Reno Sparks Indian Colony. Power of

peace officer shall include the authority to arrest, remove, restrict, cite or charge

any person who threatens or poses a threat to the security of, or hampers or

impedes, or in any other manner interferes with the duties of the Tribal Gaming

Commission.

(f) The Tribal Gaming Commission or any of its members has full power and

authority to issue subpoenas, compel the attendance of witnesses at any place

within the jurisdiction of the Reno-Sparks Indian Colony, administer oaths and

to require testimony under oath. Any process or notice may be served in the

manner provided for service of process and notices in civil actions. The Tribal

Gaming Commission may pay such transportation and other expenses of witnesses

as it may deem reasonable and proper. Any person maldng false oath in any

matter before either the Tribal Gaming Commission is guilty of perjury. The

Tribal Gaming Commission or any member thereof may appoint hearing

examiners who may administer oaths and receive evidence and testimony under

oath.

(g) The Tribe may appoint the Tribal Gaming Commission or any member thereof

as the, or as a part of the, negotiation team to represent the Tribe in its

negotiations with the State of Nevada for entering any Class III gaming compact.

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9.3 Procedures for forwarding applications and reports for key employees and primary

management officials to the National Indian Gaming Commission: granting of gaming

license

(a) When a key employee or a primary management official begins work at a gaming

operation or in conjunction with a management contractor, the Tribal Gaming

Commission shall:

(i) send to the National Indian Gaming Commission a completed application

containing all the information necessary from sections 9.4 and 9.5 for the

applicant;

(ii) conduct a background investigation pursuant to § 9.4 in order to determine

the eligibility of the key employee and primary management official to

continue employment in the Tribes gaming operation;

(iii) file with the National Indian Gaming Commission a report pursuant to §

9.4(f) after the background investigation and eligibility determination is

completed. This report shall be filed within 60 days after the employee

begins work. No key employee or primary management official may be

kept employed by the Tribe in a gaming operation who does not receive

a gaming license after 90 days of beginning work.

(b) The Tribal Gaming Commission may issue a gaming license to an applicant if,

within 30 days after filing the report and information as required by subparagraph

(a), the National Indian Gaming Commission notifies the Tribal Gaming

Commission that there are no objections to issuing the gaming license to the

applicant. Should the National Indian Gaming Commission not notify the Tribal

Gaming Commission within the 30 days as required by this subparagraph, then

the Tribal Gaming Commission may or may not license the applicant as is

appropriate in light of the Tribal Gaming Commissions determination of

eligibility pursuant to § 9.4(c),(d) and (e).

(c) If within the 30 day period after the Tribal Gaming Commission sends the

National Indian Gaming Commission the information as required by subparagraph

(a), the National Indian Gaming Commission notifies the Tribal Gaming

Commission that there are objections to licensing the applicant based upon the

investigative report and the application, the Tribal Gaming Commission shall

reconsider the application in light of the National Indian Gaming Commissions

objections. However, the Tribal Gaming Commission shall make or have the

final decision on whether to issue a gaming license to the applicant.

13
9.4 Background investigation of qualifications of applicants: application contents: and

notification to the National Indian Gaming Commission

(a) The Tribal Gaming Commission shall cause a background investigation to be

conducted on the qualifications of each applicant for a key employee and primary

management official gaming license under this Chapter. Such background

investigation shall include a request by the Tribal Gaming Commission for the

following information on each applicant pursuant to an application on forms

furnished by the Tribal Gaming Commission requesting:

(i) Full names(s), other name(s) whether oral or written, Social Security

Number, birthdate, birth place, citizenship, gender, language(s)

used/understood;

(ii) Current and for the past 5 (five) years:

(A) business and employment positions held;

(B) ownership interests in those businesses;

(C) business and residential addresses; and

(D) drivers license number(s);

(iii) The names and addresses of at least 3 (three) personal references,including

1 (one) personal reference acquainted with the applicant during each

period of residence listed § 9.3(a)(ii);

(iv) The applicants current business and residential telephone numbers;

(v) A description of any existing or previous business relationships with

Indian Tribes, including ownership interests in those businesses;

(vi) A description of any existing or previous business relationship(s) with the

gaming industry generally, including ownership in those businesses;

(vii) The names and addresses of each licensing or regulatory agency that the

applicant has applied to for a license and/or permit relating to gaming,

whether or not such license or permit was granted;

(viii) A listing of each felony, either on-going or resulting in conviction stating

for each:

(A) the charge;

14
(B) the name and address of the court where the proceedings were

held; and

(C) the date and disposition of the matter;

(ix) A list of each misdemeanor conviction or on-going prosecution (not minor

traffic violations) within the last 10 years from the date of application

providing the names of the courts involved and the dates and dispositions

of the cases;

(x) A list of each criminal charge, not minor traffic citations, whether

convicted or not, where such criminal charge was alleged within 10 years

of the application, which criminal charge is not otherwise listed in

subsections (viii) and (ix) above, giving the names and addresses of the

courts involved and the dates and dispositions of the cases;

(xi) The names and addresses of any licensing or regulatory agency whom the

applicant has applied for an occupational license or permit, whether or not

granted;

(xii) A photograph;

(xiii) The fingerprints of the applicant which fingerprints shall be obtained or

taken by the personnel of the Washoe County Sheriffs Department and

sent by the Washoe County Sheriffs Department to the National Indian

Gaming Commission for processing; and

(xiv) Any other information the Reno Sparks Indian Colony or the Tribal

Gaming Commission deems relevant.

(b) The Tribe, Tribal Gaming Commission and their agents must conduct the

background: investigation is such a manner as to keep confidential the identity of

each person interviewed during and after the investigation.

(c) After receiving the information contained in subparagraph (a), the Tribal Gaming

Commission or its agents will make a determination as to whether the applicant

is eligible to receive a gaming license to be employed as a key employee, primary

management official based upon the applicants:

(i) prior activities;

(ii) criminal record (if any);

(iii) reputation;

15
(iv) habits; and

(v) associations;

(d) If an agent of the Tribal Gaming Commission makes the determination of

eligibility, this determination, supported by evidence, must be presented to the

Tribal Gaining Commission for acceptance or non-acceptance. Should the Tribal

Gaming Commission not accept the agents determination, the Tribal Gaming

Commission shall either conduct the investigation to make a determination itself

or remand the matter to the agent with instructions as to the areas of deficiency

in the agents investigations. The agent shall address the areas that are deficient

and submit a determination of eligibility to the Tribal Gaming Commission

thereafter. After accepting the agents determination or the Tribal Gaming

Commission conducts its own investigation, the Tribal Gaming Commission shall

either grant or deny the gaming license after complying with subparagraphs (f)

and (g) and § 9.3(a) and (b).

(e) Should the Tribal Gaming Commission, in light of adopted standards in

subparagraph (c), determine that the applicant would pose a threat to the public

interest, or the effective regulation of gaming, or create, enhance the dangers of

unsuitable, unfair, or illegal practices, methods, and activities in gaming, that

person shall not be employed as a key employee or primary management official

in a gaming operation or a management contractor position or be granted a

license to conduct gaming operations as an individual conducting an independent

gaming operation on the Tribes land.

(f) Before the Tribal Gaming Commission issues a gaming license to a key employee

or to a primary management official the Tribal Gaming Commission shall forward

to the National Indian Gaming Commission the investigative report on each

applicant as well as a copy of eligibility determination for a gaming license for

the applicant. The investigative report must include:

(i) the steps taken by the Tribal Gaming Commission in conducting the

background investigation;

(ii) the results of the investigation;

(iii) the conclusion the Tribal Gaming Commission reached; and

(iv) the basis for the conclusion;

(g) Should the Tribal Gaming Commission determine that an applicant is not eligible

for a gaming license, the Tribal Gaming Commission must notify the National

Indian Gaming Commission of this determination forwarding copies of the

16
eligibility determination and investigative report along with the notification.

(h) If satisfied that an applicant is eligible to receive a Reno-Sparks Indian Colony

gaming license, and upon tender of all license fees and taxes as required by law

and regulation of the Tribal Gaming Commission and the faithful performance of

all requirements imposed by law or regulation or the conditions of the license, the

Tribal Gaming Commission shall issue and deliver to the applicant a license

entitling him to engage in the gaming operation for which he is licensed. The

Tribal Gaming Commission shall prepare and maintain a written record of the

specific terms and conditions of any license issued and delivered and of any

modification to the license. A duplicate of the record must be delivered to the

applicant or licensee and the National Indian Gaming Commission.

(i) All licenses issued under the provisions of this Chapter must be kept in a file by

the Tribal Gaming Commission created solely for license purposes in order to be

inspected by the National Indian Gaming Commission and by authorized Tribal

officials. Also, if a gaming compact between the State of Nevada so authorizes,

the license file may be inspected by state, county, city or town officials.

9.5 Renewal of Reno-Sparks Indian Colony gaming licenses: penalties

(a) Subject to the power of the Tribal Gaming Commission to deny and revoke any

Tribal gaming license, any Tribal license in force may be renewed by the Tribal

Gaming Commission for the next succeeding license period upon proper

application for renewal as required by applicable law, gaming compacts and the

regulations of the Tribal Gaming Commission.

(b) All Reno-Sparks Indian Colony gaming licenses are subject to renewal on January

1st of each year, as the Tribal Gaming Commission so determines.

(c) Application for renewal must be filed with the Tribal Gaming Commission and

all Reno-Sparks Indian Colony license fees and taxes required by law must be

paid to the Tribal Gaming Commission on or before the date respectively

provided by law for each fee or tax.

(d) Any person failing to pay any Reno-Sparks Indian Colony license fees or taxes

due at the times respectively provided shall have their gaming licenses revoked.

(e) Upon renewal of any Reno-Sparks Indian Colony license, the Tribal Gaming

Commission shall issue an appropriate renewal certificate or validating device or

sticker, which must be attached to each Reno-Sparks Indian Colony gaming

license so renewed. The National Indian Gaming Commission must also be

notified of any such renewal.

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(f) Any person who operates, carries on or exposes for play any Class II or Class III

gaming after his license becomes subject to renewal, and thereafter fails to apply

for renewal a~s provided in this section, is guilty of a Class A offense and, in

addition to the penalties provided by law, is liable to the Reno-Sparks Indian

Colony for all license fees, taxes and penalties which would have been due upon

application for renewal.

(g) If any licensee or other person fails to renew his license as provided in this

section the Tribal Gaming Commission may order the immediate closure of all

his gaming activity until the license is renewed by the payment of the necessary

fees, taxes, interest and any penalties.

9.6 Privacy Act and false statement notifications on the application form

(a) Bach application form the Tribal Gaming Commission requires the applicant to

complete in applying for a gaming license must contain the following notification

on the Privacy Act:

In compliance with the Privacy Act of 1974, the

following information is provided: Solicitation of

the information on this form is authorized by 25

U.S.C. 2701 et seq. The purpose of the

requested information is to determine the eligibility

of individuals to be employed in a gaming

operation. The information will be used by

National Indian Gaming Commission members and

staff who have need for the information in the

performance of their official duties. The

information may be disclosed to appropriate

Federal, Trial State, local, or foreign law

enforcement and regulatory agencies when

relevant to civil, criminal or regulatory

investigations or prosecutions or when pursuant

to a requirement by a tribe or the National Indian

Gaming Commission in connection with the hiring

or firing of an employee, the issuance or

revocation of a gaming license, or investigations

of aàtivities while associated with a tribe or a

gaming operation. Failure to consent to the

disclosures indicated in this notice will result in a

tribes being unable to hire you in a primary

management official or key employee position.

18
The disclosure of your Social Security Number

(SSN) is voluntary. However, failure to supply a

SSN may result in errors in processing your

application.

(b) Each application form the Tribal Gaming Commission requires to be filled out by

an applicant for a gaming license must also contain the following:

A false statement on any part of your application

may be grounds for not hiring you or for firing you

after you begin work. Also, you may be punished

by fine or imprisonment (U.S. Code, title 18,

section 1001).

9.7 Initiation of proceedings and actions to enforce Chapter The Tribal Gaming

Commission shall initiate proceedings or actions appropriate to enforce the provisions of

this Chapter and may request that the tribal prosecutor or recommend that the tribal

attorney prosecute any public offense committed in violation of any provision of this

Chapter.

9.8 Exercise of other necessary powers by Tribal Gaming Commission The Tribal Gaming

Commission may exercise any proper power and authority necessary to perform the

duties assigned to it by the Tribal council, and is not limited by any enumeration of

powers in this Chapter.

9.9 Audits In addition to complying with § 10.8 herein, the Tribe shall engage an

independent certified public accountant to provide an annual audit of the financial

statements of each and every gaming operation on the Reno Sparks Indian Colony. Such

financial statements shall be prepared in accordance with generally accepted accounting

principles by each gaming operation and the audit(s) shall be conducted in accordance

with generally accepted auditing standards. Audit(s) of the gaming operations required

under this section shall be conducted annually and may be conducted in conjunction with

any other independent audit of the Tribe, provided that the requirements of this Chapter

are met. An independent audit shall also be conducted on all gaming related contracts

resulting in the purchase of supplies, services, or concessions for a contract expenditure

in excess of $25,000 annually (excluding contracts for professional legal or accounting

services). The results of such audits shall be submitted by the Tribal Gaming

Commission to the National Indian Gaming Commission when completed.

Section 10 MANAGEMENT CONTRACTS

10.1 Application All Class II and Class ifi gaming operations which are conducted pursuant

19
to a management contract shall be in accordance with this Ordinance and the Indian

Gaming Regulatory Act.

10.2 Requirements for review and approval

(a) With the National Indian Gaming Commissions approval, the Tribe may enter

into a management contract for the operation of a Class II or Class III gaming

operation;

(b) All management contracts will become effective only after the approval of the

National Indian Gaming Commission with such approval evidenced by a

document dated and signed by the Chainnan of the National Indian Gaming

Commission. No other means of approval shall be valid.

10.3 Submission: time: fees

(a) In order to have a management contract approved by the National Indian Gaming

Commission, the Tribe shall submit in its request for approval the following items

which the National Indian Gaming Commission deems necessary:

(i) the management contract containing the original signatures of the Tribal

Chairman and the management contractor along with a representation that

the contract as submitted is the entire agreement between the parties;

(ii) a letter from the Tribal Chairman stating that he/she has the authority to

sign the contract on behalf of the Tribe, such letter to be accompanied by

a Tribal Council resolution granting the Tribal Chairman the authority to

execute the contract;

(iii) a list of the persons and entities required to be identified according to §~

10.4 and 10.6 of this Section and the information required under § 10.5

for Class II Gaming contracts and § 10.4 (a)(i) of this Section for Class

III gaming contracts;

(iv) a three (3) year business plan which sets forth the parties, goals,

objectives, budgets, financial plans, and related matters; and

(v) if applicable, justifications for wanting to contract for a term of seven (7)

years instead of five (5) and for a fee in excess of thirty percent but no

more than forty percent.

(b) The Tribe or a management contractor shall submit a management contract to the

National Indian Gaming Commission for approval upon execution of the contract

with sufficient time for the National Indian Gaming Commission to complete its

20
background investigation by the time the individual is to assume management

responsibility for, or the management contractor is to begin managing, the gaming

operation, or within ten (10) days of any proposed change in financial interest.

(c) The management contractor shall pay the fees, as required by 25 CFR § 537.3,

to the National Indian Gaming Commission necessary for the National Indian

Gaming Commission to complete the background investigations.

10.4 Background investigations

(a) For submittal to the National Indian Gaming Commission, the Tribe shall conduct

a background investigation for each Class II management contract application the

following:

(i) each person with management responsibility for the management contract;

(ii) each person who is a director of a corporation that is a party to a

management contract;

(iii) the ten persons who have the greatest direct or indirect financial interest

in a management contract;

(iv) any entity with a financial interest in a management contract; and

(v) on any other person with a direct or indirect financial interest in a

management contract otherwise designated by the National Indian Gaming

Commission.

10.5 Application form: information required

(a) Where any natural person is identified in subsection (a)(iii) of § 10.3, the

management contractor shall provide to the Tribal Gaming Commission and the

National Indian Gaming Commission the following:

(i) the items contained in §~ 9.4(a)(i), (iii), (iv), (v), (vi), (vii), (viii), (ix)

and (x);

(ii) a current photograph, drivers license number, a list of all languages

spoken;

(iii) business and employment positions held, and business and residence

addresses currently and for the previous ten (10) years; the city, state and

country of residence from age eighteen (18) to the present;

21
(iv) a complete financial statement showing all sources of income for the

previous three (3) years along with the assets, liabilities and net worth of

the individual as of the date of submission of this information.

(b) The management contractor shall have each natural person identified in subsection

(a)(iii) of § 10.3 provide their fingerprints to the personnel of the Washoe County

Sheriffs Department on form FD-258, (Applicant Fingerprint Card) as supplied

by the National Indian Gaming Commission. The Washoe County Sheriffs

Department will then send the fingerprints taken pursuant to this provision to the

National Indian Gaming Commission for processing;

(c) Any person who has a direct or indirect financial interest in a management

contract or management responsibility for a management contract shall respond

within thirty days to written or oral questions propounded by the National Indian

Gaming Commission;

(d) Bach person required to submit information under this section shall sign and

submit the following statement in compliance with the Privacy Act of 1974:

Solicitation of the information in this section is authorized

by 25 U.S.C. 2701 et seq. The purpose of the requested

information is to determine the suitability of individuals

with a financial interest in, or having management

responsibility for , a management contract. The

information will be used by the National Indian Gaming

Commission members and staff and Indian tribal officials

who have need for the information in the performance of

their official duties. The information may be disclosed to

appropriate federal, tribal, state, or foreign law

enforcement and regulatory agencies in connection with

a background investigation or when relevant to civil,

criminal or regulatory agencies investigations or

prosecutions or investigations of activities while associated

with a gaming operation. Failure to consent to the

disclosures indicated in this statement will mean that the

Chairman of the National Indian Gaming Commission

will be unable to approve the contract in which the

person has a financial interest or management

responsibifity.

The disclosure of a persons Social Security Number

(SSN) is voluntary. However, failure to supply a SSN

may result in errors in processing the information

provided.

22
(e) each person required to submit information under this section shall sign and

submit the following statement on false statements:

A false statement knowingly and wilfully provided in any

of the information pursuant to this section may be

grounds for not approving the contract in which I have a

financial interest or management responsibility, or for

disapproving or voiding such contract after it is approved

by the Chairman of the National Indian Gaming

Commission. Also, I may be punished by fine or

imprisonment (U.S Code, title 18, section 1001).

10.6 Listing of individuals within an entity: information required

(a) The management contractor shall provide to the Tribe and the National Indian

Gaming Commission for each entity identified in subsection (a) of § 10.4, under

Background investigations the following:

(i) each of the ten (10) largest beneficiaries and the trustees when the entity

is a trust;

(ii) each of the ten (10) largest partners when the entity is a partnership; and

(iii) each person who is a director or who is one of the ten (10) largest holders

of the issued and outstanding stock alone or in combination with another

stockholder who is a spouse, parent, child or sibling when the entity is a

corporation.

(b) The management contractor shall also provide;

(i) the full names, other names used (oral or written), social security

number(s), birth dates, places of birth, citizenship, and gender of each

individual identified in subsection (a) of this section;

(ii) copies of documents establishing the existence of the entity, such as the

partnership agreement, the trust agreement, or the articles of

incorporation;

(iii) copies of documents designating the person who is charged with acting on

behalf of the entity;

(iv) copies of bylaws or other documents that provide the day-to-day operating

rules for the organization;

23
(v) a description of any previous business relationships with Indian tribes,

including ownership interests in those businesses;

(vi) a description of any previous business relationships with the gaming

industry generally, including ownership interests in those businesses;

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

entity has filed an application for a license or permit relating to gaming,

whether or not such license or permit was granted;

(viii) the information required by § 9.4, subsections (viii), (ix) and (x); and

(ix) the complete financial statements for the previous three (3) fiscal years.

(c) Each entity with a direct or indirect financial interest in management contract

shall respond within thirty (30) days to written or oral questions propounded by

the National Indian Gaming Commission.

(d) Each entity required to submit information under this section shall sign and

submit the following statement for false statements:

A false statement knowingly and wilfully provided in any

of the information pursuant to this section may be

grounds for not approving the contract in which we have

a financial interest, or for disapproving or voiding such

contract after it is approved by the Chairman of the

National Indian Gaming Commission. Also, we may be

punished by fine or imprisonment (U.S. Code, title 18,

section 1001).

Responsibilities of the parties

(a) The responsibilities of each of the parties involved in a management contract shall

be enumerated for each identifiable function, including:

(i) Maintaining and improving the facility where the gaming operation is

occurring;

(ii) the providing of operating capital;

(iii) the establishment of the hours and days in which the gaming shall operate;

(iv) developing the policy or rules for hiring, firing, training and promoting

employees;

24
(v) maintaining the gaming operations books and records;

(vi) the preparation of the operations fmancial statements and reports;

(vii) the payment for the services of an independent auditor as required by §

10.8 of this Chapter.

(viii) hiring and supervising security personnel;

(ix) securing services for fire protection;

(x) developing an advertising budget and the placement of advertising;

(xi) paying the bills and expenses;

(xii) creating, establishing and administering employment practices;

(xiii) purchasing and maintaining insurance coverage, including coverage of

public liability and property loss or damage;

(xiv) complying with all applicable provisions of the Internal Revenue Code;

(xv) paying for the cost of any increase in public safety services; and

(xvi) provide the National Indian Gaming Commission with all the information

necessary for the National Indian Gaming Commission to comply with the

regulations of the National Indian Gaming Commission issued to conform

to the requirements of the National Environmental Policy Act, if

applicable.

10.7 Accounting

(a) The management contractor shall provide for the establishment and maintenance

of satisfactory accounting systems and procedures that shall, at a minimum:

(i) contain an adequate system of internal accounting controls;

(ii) permit the preparation of financial statements in accordance with generally

accepted accounting principles;

(iii) be conducive to an audit as provided in §~ 10.8 and 11.8 (b) and (c);

(iv) provide for a Class II gaming operation, the Tribe and the National Indian

Gaming Commission to calculate the annual fees as provided by § 514.1

25
of Title 25, Code of Federal Regulations;

(v) permit the calculation and payment of the managers fees; and

(vi) allow the allocation or division of operating expenses or overhead

expenses among the Tribe, the Tribal gaming operation, the management

contractor and any other user of shared facilities and services.

10.8 Audits: submission

(a) The Tribe shall engage an independent certified public accountant to provide an

annual audit of the financial statements of each and every gaming operation on

the Reno Sparks Indian Colony. Such fmancial statements shall be prepared in

accordance with generally accepted accounting principles and the audit(s) shall be

conducted in accordance with generally accepted auditing standards. Audit(s) of

the gaming operations required under this section shall be conducted annually and

may be conducted in conjunction with any other independent audit of the Tribe,

provided that the requirements of this Chapter are met. An independent audit

shall also be conducted on all gaming related contracts resulting in the purchase

of supplies, services, or concessions for a contract expenditure in excess of

$25,000 annually (excluding contracts for professional legal or accounting

services).

(b) The Tribe shall submit to the Tribal Gaming Commission a copy of the record

of the report(s) and management letter(s) setting forth the results of each annual

audit within 120 days after the end of each fiscal year of the gaming operation.

(C) The Tribe shall reconcile its quarterly fee assessment reports, submitted under 25

CFR part 514, with its audited financial statements and make available such

reconciliation upon request by the National Indian Gaming Commissions

authorized representative.

10.9 Reporting: access: guaranteed payment to Tribe: and development and construction costs

(a) The management contractor shall:

(i) be required to provide the Tribe with not less than monthly financial

reports which are verifiable or which contain all the information necessary

to prepare such reports;

(ii) provide for the immediate access to the gaming operation, including its

books and records by the Tribal Gaming Commission. The Tribal

Gaming Commission shall have the right to verify the daily gross revenues

and income from the gaming operation and have access to any other

26
gaming related information the Tribal Gaming Commission deems

appropriate.

(b) The management contract shall itself provide:

(i) a minimum guaranteed monthly payment to the Tribe in a sum certain that

has preference over the retirement of development and construction costs;

and

(ii) an agreed upon maximum dollar amount for the recoupment of

development and construction costs.

10.10 Term limits and compensation of the management contract

(a) The term of the management contract shall not exceed five (5) years unless the

Tribe requests the National Indian Gaming Commission for authorization for the

management contract to run seven (7) years provided the capital investment

required and the income projections for the gaming operation will require

additional time.

(b) A management contract shall detail the method of compensating and reimbursing

the management contractor. Should the management contract provide that the

management contractor be compensated by a percentage fee, this fee shall not be

more than 30 percent of the net revenues of the gaming operation provided the

National Indian Gaming Commission determines that such fee is reasonable. The

National Indian Gaming Commission may grant the management contractor 40

percent of the net revenues of the gaming operation if the National Indian Gaming

Commission finds that the capital investment so requires and the income

projections for the gaming operation necessitate the additional fee.

10.11 Termination: modification: dispute resolution

(a) The management contract shall provide the mechanisms necessary to provide for

the termination and modification (subject to 25 CFR § 535.1) of the management

contract. The termination of the contract shall not need approval of the National

Indian Gaming Commission.

(b) Provisions or mechanisms must be contained in the management contract in order

to deal with disputes that may arise between:

(i) the management contractor and the Tribe;

(ii) the management contractor and the customers; and

27
(iii) the management contractor and the gaming operation employees.

10.12 Assignments: subcontracting: ownership interests

(a) The Tribe must indicate in the management contract whether and to what extent

contract assignments and subcontracting are permissible;

(b) The management contract must also provide to what extent changes in the

ownership interests in the management contract require advance approval by the

Tribe.

10.13 Effective date The management contract shall not become effective unless and until it

is approved by the National Indian Gaming Commission, the date of the signatures of the

parties notwithstanding.

10.14 Prohibitions Any management contract the Tribe enters into for the operation of gaming

shall not transfer, or in any other manner, convey any interest in land or other real

property, unless specific statutory authority exists and unless clearly specified in writing

in the contract.

Section 11 REGULATIONS OF TRIBAL GAMING COMMISSION

11.1 Adoption, amendment and repeal: Procedure

(a) The Tribal Gaming Commission shall, pursuant to § 11.2, adopt, amend and

repeal regulations in accordance with the following procedures:

(i) At least 30 days before the initial meeting of the Tribal Gaming

Commission and 20 days before any subsequent meeting at which the

adoption, amendment or repeal of a regulation is considered, notice of the

proposed action must be:

(A) Published or communicated to the Tribal members, key employees,

primary management officials and management contractors in a

manner as the Tribal Gaming Commission prescribes;

(B) Mailed to every person who has filed a request therefor with the

Tribal Gaming Commission;

(C) When the Tribal Gaming Commission deems advisable, mailed to

any person whom the Tribal Gaming Commission believes would

be interested in the proposed action, and published in such

additional form and manner as the Tribal Gaming Commission

28
prescribes.

(ii) The notice of proposed adoption, amendment or repeal must include:

(A) A statement of the time, place and nature of the proceedings for

adoption, amendment or repeal;

(B) Reference to the authority under which the action is proposed; and

(C) Either the express terms or an informative summary of the

proposed action.

(iii) On the date and at the time and place designated in the notice, the Tribal

Gaming Commission shall afford any interested person or his authorized

representative, or both, the opportunity to present statements, arguments

or contentions in writing, with or without opportunity to present them

orally. The Tribal Gaming Commission shall consider all relevant matter

presented to it before adopting, amending or repealing any regulation.

(iv) Tribal members, key employees, primary management officials or

management contractors may file a petition with the Tribal Gaming

Commission requesting the adoption, amendment or repeal of a regulation.

The petition must state, clearly and concisely:

(A) The substance or nature of the regulation, amendment or repeal

requested;

(B) The reasons for the request; and

(C) Reference to the authority of the Tribal Gaming Commission to

take the action requested. Upon receipt of the petition, the Tribal

Gaming Commission shall within 30 days deny the request in

writing or schedule the matter for action pursuant to this

subsection.

(v) In emergencies where action is necessary for the immediate preservation

of the public peace, health, safety, morals, good order or general welfare,

the Tribal Gaming Commission may summarily adopt, amend or repeal

any regulation, if at the same time of such emergency action, the Tribal

Gaming Commission files a statement of the facts constituting the

emergency.

(b) In any hearing under this section, the Tribal Gaming Commission or its duly

authorized representative may administer oaths or affirmations, and may continue

29
or postpone the hearing from time to time and at such places as it prescribes.

11.2 Required provisions

(a) The Tribal Gaming Commission shall, from time to time, adopt, amend or repeal

such regulations, consistent with the policy, objectives and purposes of this

chapter as it may deem necessary or desirable in the Tribes interest in carrying

out the policy and provision of this chapter.

(b) These regulations must, without limiting the general powers herein conferred,

include the following:

(i) Prescribing the method and form of application which any applicant for

a gaming license must follow and complete before consideration of this

application by the Tribal Gaming Commission. Such application form

shall include the language for notification of the Privacy Act and false

statements as set out in § 9.5 and request the information required in §

9.4.

(ii) Prescribing the manner and procedure of all hearings conducted by the

Tribal Gaming Commission or any hearing examiner of the Tribal Gaming

Commission, including special rules of evidence applicable thereto and

notices thereof.

(iii) Requiring any applicant to pay all or any part of the fees and costs of

investigation of such applicant as may be determined by the Tribal

Gaming Commission.

(iv) Prescribing the manner and method of collection and payment of fees and

issuance of licenses.

(v) Defining and limiting the area, games and devices permitted, and the

method of operation of such games and devices for the purposes of this

chapter.

(vi) Prescribing under what conditions the nonpayment of a gambling debt by

a licensee shall be deemed grounds for revocation or suspension of his

license.

(vii) Requiring any applicant or licensee to waive any privilege with respect to

any testimony at any hearing or meeting of the Tribal Gaming

Commission, except any privilege afforded by the constitutions of the

United States or this tribe.

(viii) Prescribing the qualifications of, and the conditions under which

30
attorneys, accountants and others are permitted to practice before the

Tribal Gaming Commission.

11.3 Regulations requiring exclusion or ejection of certain persons from licensed

establishments: Persons included

(a) The Tribal Council hereby proclaims that the exclusion or ejection of certain

persons from licensed gaming establishments may be necessary to effectuate the

policies of this Chapter and to maintain effectively the strict regulation of licensed

gaming.

(b) The Tribal Gaming Commission may by regulation provide for the establishment

of a list of persons who are to be excluded or ejected from any Tribally licensed

gaming establishment. The list may include any person whose presence in the

establishment is determined by the Tribal Gaming Commission to pose a threat

to the interests of this Tribe or to licensed gaming, or both.

(c) In making that determination, the Tribal Gaming Commission may consider any:

(i) Prior conviction of a crime which is a felony in the State of Nevada or

under the laws of the United States, a crime involving moral turpitude or

a violation of the gaming laws of any jurisdiction;

(ii) Violation or conspiracy to violate the provisions of this chapter relating

to:

(A) The failure to disclose an interest in a gaming establishment for

which the person must obtain a license; or

(B) Willful evasion of fees or taxes;

(iii) Notorious or unsavory reputation which would adversely affect public

confidence and trust that the Tribal gaming industry is free from criminal

or corruptive elements; or

(iv) Written order of a governmental agency which authorizes the exclusion or

ejection of the person from an establishment at which gaming is or was

conducted.

(d) Race, color, creed, national origin or ancestry, or sex must not be grounds for

placing the name of a person upon the list.

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11.4 Regulations requiring exclusions or ejection of certain persons from licensed

establishments: Notice to person whose name is placed on list Whenever the name and

description of any person is placed on a list pursuant to § 11.3, the Tribal Gaming

Commission shall serve notice of such fact to such person:

(a) By personal service;

(b) By certified mail to the last known address of such person; or

(c) By publication daily for 1 week in one of the principal newspapers published in

the city of Reno and publication in the Native Nevadan (if available).

11.5 Regulations requiring exclusion of ejection of certain persons from licensed

establishments: Hearing: disposition: judicial review

(a) Within 30 days after service by mail or in person or 60 days after the last

publication, as provided in § 11.4, the person named may demand a hearing

before the Tribal Gaming Commission and show cause why he should have his

name taken from such a list. Failure to demand a hearing within the time allotted

in this section precludes the person from having an administrative hearing, but in

no way affects his right to petition for judicial review as provided in

subparagraph (ii) of subsection (c).

(b) Upon receipt of a demand for hearing, the Tribal Gaming Commission shall set

a time and place for the hearing. This hearing must not be held later than 30

days after receipt of the demand for the hearing, unless the time of the hearing

is changed by agreement of the Tribal Gaming Commission and the person

demanding the hearing.

(c) If, upon completion of the hearing, the Tribal Gaming Commission determines

that:

(i) The regulation does not or should not apply to the person so listed, the

Tribal Gaming Commission shall notify all persons licensed under § 9.4

and § 10.2 of this Ordinance about the Tribal Gaming Commissions

determination.

(ii) Placing the person on the exclusion or ejection list was proper, the Tribal

Gaming Commission shall make and enter in its minutes an order to that

effect. This order is subject to review by any court of competent

jurisdiction in accordance with the provisions of § 12.18 to § 12.21,

inclusive.

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11.6 Regulations requiring exclusion or ejection of certain persons from gaming

establishments: Penalties for failure to exclude or eject The Tribal Gaming Commission

may revoke suspend the license of an individual licensee, in accordance with the laws of

the Tribe and the regulations of the Tribal Gaming Commission, if that individual

licensee knowingly fails to exclude or eject from the premises of a Tribal gaming

establishment any person placed on the list of persons to by excluded or ejected.

11.7 Regulations requiring exclusion or ejection of certain persons from gaming

establishments: Unlawful entry by person whose name has been placed on list: penalty

Any person who has been placed on the list of persons to be excluded or ejected from

any gaming establishment pursuant to § 11.3 is guilty of a Class A offense if he

thereafter enters the premises of a Tribal gaming establishment which conducts gaming

operations without first having obtained a determination by the Tribal Gaming

Commission that he should not have been placed on the list of persons to be excluded or

ejected.

11.8 Regulations concerning financial practices of Class II and Class III gaming operations:

Minimum procedures for control of internal fiscal affairs of Class II and Class III gaming

operations: external audits

(a) The Tribal Gaming Commission shall by regulation:

(i) Prescribe minimum procedures for adoption by each Class II and Class III

gaming operation owned by the Reno Sparks Indian Colony to exercise

effective control over its internal fiscal affairs, which shall include but are

not limited to provisions for:

(A) The safeguarding of its assets and revenues, especially the

recording of cash and evidences of indebtedness; and

(B) The provisions of reliable records, accounts and reports of

transactions, operations and events, including reports to the Tribal

Gaming Commission.

(b) Provide for the adoption and use of external audits by independent accountants

holding a permit to practice public accounting in the State of Nevada.

(c) For every audit required pursuant to this section:

(i) The independent accountants shall submit an audit report which must

express an unqualified or qualified opinion or, if appropriate, disclaim an

opinion on the statements taken as a whole in accordance with standards

for the accounting profession established by rules and regulations of the

American Institute of Certified Public Accountants. The preparation of

33
statements without an audit does not constitute compliance with this

subsection.

(ii) The examination and audit must disclose whether the accounts, records

and control procedures maintained by the gaming operation are as required

by the regulations of the Tribal Gaming Commission as required by this

Ordinance.

11.9 Regulations concerning financial practices of Class II and Class III gaming operations:

Periodic financial reports from Class II or Class III gaming operations The Tribal

Gaming Commission shall by regulation require periodic financial reports from each

Class II and Class III gaming operation, and:

(a) Specify standard forms for reporting financial condition, results of operations and

other relevant financial information;

(b) Formulate a uniform code of accounts and accounting classifications to assure

consistency, comparability and effective disclosure of financial information; and

(c) Prescribe the intervals at which such information shall be furnished.

11.10 Regulations concerning financial practices of Class II and Class ifi gaming operations:

Duties of Reno-Sparks Indian Colony auditor The tribal auditor shall, in performing

regular audits of the Tribal Gaming Commission, and in addition whenever so directed

by a concurrent resolution of the Tribal Council, ascertain whether the control and

related practices prescribed by § 11.8 and § 11.9 inclusive, are being efficiently,

effectively and equitably administered.

11.11 Regulations concerning financial practices of Class II and Class III gaming operations:

Computation and reporting of winnings, compensation and gross revenue The Tribal

Gaming Commission shall adopt regulations which prescribe the manner in which

winnings, compensation from gaming and gaming devices, and net revenue must be

computed and reported by the gaming operation.

11.12 Regulations governing operation of slot machine routes The Tribal Gaming Commission

shall, from time to time, adopt, amend or repeal such regulations, consistent with the

policy, objectives and purposes of this Chapter as it may deem necessary or desirable in

the public interest governing the operation of slot machines routes, the licensing of their

operators and the reports appropriate to such an operation.

34
Section 12 GAMING

12.1 Licenses required

(a) Any person who deals, operates, conducts, maintains, manages or exposes for

play in the Reno-Sparks Indian Colony any Class II or Class III gaming operation

without having first procured a Reno Sparks Indian Colony gaming license

pursuant to this Ordinance is guilty of a Class A Offense.

(b) Any person knowingly permits any Class II or Class III gaming operation to be

conducted, operated, or carried on in any house or building or other premise

owned by him, in whole or part, by a person who is not licensed under this

Ordinance is guilty of a Class A Offense.

12.2 RSIC gaming license required where equipment. services or property delivered or

furnished for gaming interest or revenues

(a) Any person who:

(i) Lends, lets, leases or otherwise delivers or furnishes any gambling device

or machine covered by the definition of Class II or Class HI gaming, for

any interest, percentage or share of the money or property played, under

guise of any agreement whatever, without having first procured a Reno

Sparks Indian Colony gaming license for it is guilty of a Class A Offense;

(ii) Furnishes services or property, real or personal, on the basis of contract,

lease or license, pursuant to which that person receives payment based on

earnings or profits or otherwise from any Class II or Class III game

without having first procured a Reno-Sparks Indian Colony gaming license

is guilty of a Class A Offense.

(b) The Tribal Gaming Commission may require the licensing of any person who:

(i) Repairs, rebuilds or modifies any gaming device; or

(ii) Manufactures or distributes chips or gaming tokens for use on the Reno

Sparks Indian Colony.

(c) Any person who is required by the Tribal Gaming Commission to be licensed

under subsection (b) and fails to do so is guilty of a Class A Offense.

(d) If the Tribal Gaming Commission finds a person described in subsection (b)

ineligible, a licensee shall not enter into any contract or agreement with that

person without the prior approval of the Tribal Gaming Commission. Any other

35
agreement between the licensee and the person must be terminated upon receipt

of notice of the action by the Tribal Gaming Commission. Any agreement

between a licensee and a person described in subsection (b) shall be deemed to

include provisions for its termination without liability on the part of the licensee

upon a finding by the Tribal Gaming Commission that the person is unsuitable.

Failure to expressly include this condition in the agreement is not a defense in any

action brought pursuant to this section to terminate the agreement. If an

application for a gaming license is not presented to the Tribal Gaming

Commission within 30 days after demand, the Tribal Gaming Commission may

pursue any remedy or combination of remedies provided in this Ordinance.

12.3 Licensing of certain persons having significant influence over gaming operation of

licensee: remuneration, contracts and employment prohibited for certain unsuitable or

unlicensed persons

(a) Bach employee, agent, guardian, personal representative, lender or holder of

indebtedness of a gaming licensee who, in the opinion of the Tribal Gaming

Commission, has the power to exercise a significant influence over the licensees

operation of a gaming establishment may be required to apply for a license;

(b) A person required to be licensed pursuant to subsection (a) shall apply for a

license within 30 days after the Tribal Gaming Commission requests that he do

so;

(c) if an employee required to be licensed under subsection (a):

(i) Does not apply for a license within 30 days after being requested to do so

by the Tribal Gaming Commission;

(ii) Is denied a license; or

(iii) Has his license revoked by the Tribal Gaming Commission, the licensee

by whom he is employed shall terminate his employment in any capacity

in which he is required to be licensed and shall not permit him to exercise

a significant influence over the operation of the gaming establishment

upon being notified by registered or certified mail of that action.

(d) A key employee or a primary management official or an affiliate thereof shall not

pay to a person whose employment has been terminated pursuant to subsection

(c) any remuneration for any service performed in any capacity in which he is

required to be licensed, except for amounts due for services rendered before the

date of receipt of notice of the action by the Tribal Gaming Commission.

(e) Any contract or agreement for personal services or for the conduct of any activity

36
at the licensed gaming establishment between a gaming licensee or an affiliate of

the licensee and a person terminated pursuant to subsection (c) is subject to

termination. Every such agreement shall be deemed to include a provision for its

termination without liability on the part of the licensee upon a finding by the

Tribal Gaming Commission that the person is unsuitable to be associated with a

gaming enterprise. Failure expressly to include that condition in the agreement

is not a defense in any action brought pursuant to this section to terminate the

agreement.

(f) A key employee or a primary management official or an affiliate thereof shall not

enter into any contract or agreement with a person who is found unsuitable or

who is denied a license or whose license is revoked by the Tribal Gaming

Commission or with any business enterprise under the control of that person after

the date of receipt of notice of the action by the Tribal Gaming Commission.

Every contract or agreement for personal services to a gaming licensee or an

affiliate or for the conduct of any activity at a licensed gaming establishment shall

be deemed to include a provision for its termination without liability on the part

of the licensee upon a finding by the Tribal Gaming Commission that the person

in unsuitable to be associated with a gaming enterprise. Failure expressly to

include such a condition in the agreement is not a defense any action brought

pursuant to this section to terminate this agreement.

(g) A key employee or a primary management official or an affiliate thereof shall not

employ any person in a capacity for which he is required to be licensed, if he has

been found unsuitable or denied a license, or whose license has been revoked by

the Tribal Gaming Commission, after the date of receipt of notice of the action

by the Tribal Gaming Commission, without prior approval of the Tribal Gaming

Commission.

(h) As used in this section, affiliate means a person who, directly or indirectly

through one or more intermediaries, controls, is controlled by or is under

common control with a key employee or primary management official.

12.4 Suitability or licensing of certain persons furnishing service or property or doing business

with key employee or a primary management official: termination of association

(a) The Tribal Gaming Commission shall require the licensing of any person who

furnishes services or property to a Reno-Sparks Indian Colony gaming licensee

under any arrangement pursuant to which the person receives payments based on

earnings, profits or receipts from gaming. The Tribal Gaming Commission shall

require any such person to comply with the requirements in this chapter and with

the regulations of the Tribal Gaming Commission. If the Tribal Gaming

Commission determines that any such person is unsuitable, it may require the

arrangement to be terminated.

37
(b) If the Tribal Gaming Commission determines that the person is unsuitable to be

associated with a gaming enterprise, the association must be terminated. Any

agreement which entitles a business other than gaming to be conducted on the

premises is subject to termination upon a finding of unsuitability of the person

associated therewith. Every such agreement must be deemed to include a

provision for its termination without liability on the part of the licensee upon a

finding by the Tribal Gaming Commission that the person associated therewith is

unsuitable to be associated with a gaming enterprise. Failure expressly to include

that condition in the agreement is not a defense in any action brought pursuant to

this section to terminate the agreement. If the application is not presented to the

Tribal Gaming Commission within 30 days following demand or the unsuitable

association is not terminated, the Tribal Gaming Commission may pursue any

remedy or combination of remedies provided in this chapter.

12.5 Licensing of person conducting certain tournaments or contests in association with

gaming licensee: termination of association

(a) Any person who conducts a tournament or contest on behalf of or in conjunction

with a gaming licensee may be required by the Tribal Gaming Commission to be

licensed. Any person so required must apply for a license within 30 days after

the decision of the Tribal Gaming Commission requiring him to obtain the

license.

(b) If any person required to be licensed pursuant to subsection (a);

(i) Does not apply for a license within 30 days after the decisions of the

Tribal Gaming Commission that he must be licensed, and the Tribal

Gaming Commission finds him unsuitable for that reason; or

(ii) Is denied a license, the gaming licensee with whom he is associated shall

terminate that association upon notification from the Tribal Gaming

Commission by registered or certified mail of the action.

12.6 Restrictions on person denied license or found unsuitable

RESERVED

12.7 Operation and maintenance of gaming device: Approval of Tribal Gaming Commission

(a) The Tribal Gaming Commission shall maintain a list of approved gaming devices.

(b) Any person who operates or maintains in the Reno-Sparks Indian Colony any

gaming device of a specific model, or which includes a significant modification,

which the Tribal Gaming Commission has not approved for operation, is guilty

38
of a Class A Offense and is subject to any disciplinary action by the Tribal

Gaming Commission as is provided in this Ordinance.

(c) The Tribal Gaming Commission shall adopt regulations relating to gaming devices

and their significant modification.

12.8 Gaming must be conducted with legal tender or tokens, chips or other instrumentalities

approved by Commission All gaming must be conducted with chips, tokens or other

instrumentalities approved by the Tribal Gaming Commission or with the legal tender of

the United States.

12.9 Investigations: disciplinary proceedings: duties of Commission: powers of Commission

(a) A Tribal Gaming Commission member or designated officer shall make

appropriate investigations:

(i) To determine whether there has been any violation of this Chapter or any

regulations adopted thereunder;

(ii) To determine any facts, conditions, practices or matters which it may

deem necessary or proper to aid in the enforcement of any such law or

regulation;

(iii) To aid in adopting regulations;

(iv) To secure information as a basis for recommending amendments

relating to this Chapter.

(b) If, after any investigation the designated examiner is satisfied that a license or

prior approval by the Tribal Gaming Commission of any transaction for which the

approval was required or permitted under the provisions of this Chapter should

be limited, conditioned, suspended or revoked, the designated examiner shall

initiate a hearing before the Tribal Gaming Commission by filing a complaint

with the Tribal Gaming Commission in accordance with § 12.11 and transmit

therewith a summary of evidence in his possession bearing on the matter and the

transcript of testimony at any investigative hearing conducted by the designated

examiner.

(c) Upon receipt of the complaint of designated examiner, the Tribal Gaming

Commission shall review it and all matters presented in support thereof and shall

conduct further proceedings in accordance with §~ 12.11 to 12.17, inclusive.

(d) After the provisions of subsections (a), (b) and (c) have been complied with, the

Tribal Gaming Commission may:

39
(i) Limit, condition, suspend or revoke the license of any licensed

gaming establishment or the individual license of any licensee

without affecting the license of the establishment;

(ii) Order a licensed gaming establishment to keep an individual licensee from

the premises of the licensed gaming establishment or not to pay the

licensee any remuneration for services or any profits, income or accruals

on his investment in the licensed gaming establishment; and

(iii) Fine, civilly, each person or entity or both, who was licensed:

(A) Not less than $100 nor more than $5000 for each separate violation

of any regulation adopted pursuant to this Ordinance which is the

subject of an initial or subsequent complaint;

(e) For the second violation of any provision of this Chapter by any individual

licensee, the Tribal Gaming Commission shall revoke the license of that person.

(f) If the Tribal Gaming Commission limits, conditions, suspends or revokes any

license or imposes a fine, it shall issue its written order therefor after causing to

be prepared and filed its written decision upon which the order is based with the

National Indian Gaming Commission.

(g) Any such limitation, condition, revocation, suspension or tine so made is effective

unless or until reversed upon judicial review, except that the Commission may

stay its order pending a rehearing or judicial review upon such terms and

conditions as it deems proper.

12.10 Emergency order of Commission

(a) The Tribal Gaming Commission may issue an emergency order for suspension,

limitation or conditioning of a license, or may issue an emergency order requiring

a licensed gaming establishment to keep an individual licensee from the premises

of the licensed gaming establishment or not to pay such licensee any remuneration

for services or any profits, income or accruals on his investment in the licensed

gaming establishment in the following manner:

(i) An emergency order may be issued only when the Tribal Gaming

Commission believes that:

(A) There has been a violation of subsection (a) of § 13.9

(penalties);

(B) Such action is necessary for the immediate preservation of

40
the public peace, health, safety, morals, good order or

general welfare.

(ii) The emergency order must set forth the grounds upon which it is issued,

including a statement of facts constituting the alleged emergency

necessitating such action.

(iii) An emergency order may be issued only with the approval of and upon

signature by not less than three members of the Tribal Gaming

Commission.

(iv) The emergency order is effective immediately upon issuance and service

upon the licensee or resident agent of the licensee or upon the person or

entity involved or resident agent of the entity involved. The emergency

order may suspend,limit, condition or take other action in relation to the

license of one or more persons in an operation without affecting other

individual licensees or the licensed gaming establishment. The emergency

order remains effective until further order of the Tribal Gaming

Commission or final disposition of the case.

(v) Within 5 days after issuance of an emergency order, the Tribal Gaming

Commission shall cause a complaint to be filed and served upon the

person or entity involved in accordance with the provisions of § 12.11.

(vi) Thereafter, the person or entity against whom the emergency order has

been issued and served is entitled to a hearing before the Tribal Gaming

Commission in accordance with §~ 12.11 to 12.17, inclusive, and to

judicial review of the decision and order of the Tribal Gaming

Commission thereon in accordance with §~ 12.18 to 12.21, inclusive.

12.11 Disciplinary action: Complaint: answer: failure to answer or appear: notice of hearing

(a) The complaint referred to in § 12.9 must be a written statement of charges which

must set forth in ordinary and concise language any acts or omissions with which

the respondent is charged. It must specify the statutes and regulations which the

respondent is alleged to have violated, but must not consist merely of charges

raised in the language of the statutes or regulations.

(b) Upon the filing of the complaint, the Tribal Gaming Commission shall serve a

copy of the complaint upon the respondent either personally or by registered or

certified mail at his address on file with the Tribal Gaming Commission.

(c) Except as provided in subsection (d), the respondent must answer within 20 days

after the service of the complaint. In his answer the respondent:

41
(i) Must state in short and plain terms his defenses to each claim

asserted.

(ii) Must admit or deny the facts alleged in the complaint.

(iii) Must state which allegations he is without knowledge or

information to form a belief as to their truth. Such allegations

shall be deemed denied.

(iv) Must affirmatively set forth any matter which constitutes an

avoidance or affirmative defense.

(v) May demand a hearing. Failure to demand a hearing constitutes

a waiver of the right to a hearing and to judicial review of any

decision or order of the Tribal Gaming Commission, but the Tribal

Gaming Commission may order a hearing even if the respondent

so waives his right.

(d) Failure to answer or to appear at the hearing constitutes an admission by the

respondent of all facts alleged in the complaint. The Tribal Gaming Commission

may take action based on such an admission and on other evidence without further

notice to the respondent. If the Tribal Gaming Commission takes action based

on such an admission, it shall include in the record which evidence was the basis

for the action.

(e) The Tribal Gaming Commission shall determine the time and place of the hearing

as soon as reasonably practical after receiving the respondents answer. The

Tribal Gaming Commission shall deliver or send by registered or certified mail

a notice of hearing to all parties at least 10 days before a hearing.

12.12 Hearing: Subpoena: payment of fees, subsistence and transportation for witness:

deposition

(a) Before a hearing before the Tribal Gaming Commission, and during a hearing

upon reasonable cause shown, the Tribal Gaming Commission shall issue

subpoenas and subpoenas duces tecum at the request of a party. All witnesses

appearing pursuant to subpoena, other than parties, officers or employees of the

tribe or any political subdivision thereof, are entitled to receive fees and mileage

in the same amounts and under the same circumstances as provided by law for

witnesses in civil actions in the Tribal court. Witnesses entitled to fees or

mileage who attend hearings at points so far removed from their residences as to

prohibit return thereto from day to day are entitled, in addition to witness fees

and in lieu of mileage, to the per diem compensation for subsistence and

transportation authorized for tribal officers and employees for each day of actual

42
attendance and for each day necessarily occupied in traveling to and from the

hearings. Fees, subsistence and transportation expenses must be paid by the party

at whose request the witness is subpoenaed. The Tribal Gaming Commission

may award as costs the amount of all such expenses to the prevailing party.

(b) The testimony of any material witness residing within or without the tribal

territory may be taken by deposition in the manner provided by the Reno-Sparks

Indian Colony law and order code.

12.13 Hearings: procedure: use of affidavit

(a) At all hearings before the Tribal Gaming Commission other than investigative

hearings:

(i) Oral evidence may be taken only upon oath or affirmation

administered by the Tribal Gaming Commission.

(ii) Every party has the right to:

(A) Call and examine witnesses;

(B) Introduce exhibits relevant to the issues of the case,

including the transcript of testimony at any

investigative hearing conducted by or on behalf of

the Tribal Gaming Commission;

(C) Cross-examine opposing witnesses on any matters

relevant to the issues of the case, even though the

matter was not covered in a direct examination;

(D) Impeach any witness regardless of which party first

called him to testify; and

(B) Offer rebuttal evidence.

(iii) If the respondent does not testify in his own behalf, he may be

called and examined as if under cross-examination.

(iv) The hearing need not be conducted according to technical rules

relating to evidence and witnesses. Any relevant evidence may be

admitted and is sufficient in itself to support a finding if it is the

sort of evidence on which responsible persons are accustomed to

rely in the conduct of serious affairs, regardless of the existence

of any common law or statutory rule which might make improper

43
the admission of such evidence over objection in a civil action.

(v) The parties or their counsel may by written stipulation agree that

certain specified evidence may be admitted even though such

evidence might otherwise be subject to objection.

(b) The Tribal Gaming Commission may take official notice of any generally

accepted information or technical or scientific matter within the field of gaming,

and of any other fact which may be judicially noticed by the courts of this tribe.

The parties must be informed of any information, matters or facts so noticed, and

must be informed of any information, matters or facts noticed, and must be given

a reasonable opportunity, on request, to refute such information, matters or facts

by evidence or by written or oral presentation of authorities, the manner of such

refutation to be determined by the Tribal Gaming Commission.

(c) Affidavits may be received in evidence at any hearing of the Tribal Gaming

Commission in accordance with the following:

(i) The party wishing to use an affidavit must, not less than 10 days

before the day set for hearing, serve upon the opposing party or

counsel, either personally or by registered or certified mail, a copy

of the affidavit which he proposes to introduce in evidence

together with a notice as provided in paragraph (c).

(ii) Unless the opposing party, within 7 days after such service, malls

or delivers to the proponent a request to cross-examine the affiant,

his right to cross-examine the affiant is waived and the affidavit,

if introduced in evidence, must be given the same effect as if the

affiant had testified orally. If an opportunity to cross-examine an

affiant is not afforded after request therefor is made in accordance

with this paragraph, the affidavit may be introduced in evidence,

but must be given only the same effect as other hearsay evidence.

(iii) The notice referred to in paragraph (a) must be substantially in the

following form:

The accompanying affidavit of (here insert name of affiant) will be

introduced as evidence at the hearing set for the day of ______, 19_,

(here insert the name of affiant) will not be called to testify orally and you

wifi not be entitled to question him unless you notify the undersigned that you

wish to cross-examine him. To be effective your request must be mailed or

delivered to the undersigned on or before 7 days from the date this notice

and the enclosed affidavit are served upon you.

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(party or counsel)

(address)

12.14 Hearings other than investigative hearings: Procedure

(a) The following procedures apply at all hearings of the Tribal Gaming Commission

other than investigative hearings:

(i) at least three members of the Tribal Gaming Commission shall be present

at every hearing, and they shall exercise all powers relating to the conduct

of the hearing and shall enforce all decisions with respect thereto.

(ii) The proceedings at the hearing must be reported either stenographically

or by tape recorder.

12.15 Amended or supplemental pleadings The Tribal Gaming Commission may, before

submission of the case for decision, permit the filing of amended or supplemental

pleadings and shall notify all parties thereof, and provide a reasonable opportunity for

objections thereto.

12.16 Contempt If any person in proceedings before the Tribal Gaming Commission disobeys

or resists any lawful order or refuses to respond to a subpoena, or refuses to take the

oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of

misconduct during the hearing or so near the place thereof as to obstruct the proceeding,

the Tribal Gaming Commission may certify the facts to the tribal court. The court shall

thereupon issue an order directing the person to appear before the court and show cause

why he should not be punished as for contempt. The court order and a copy of the

statement of the Tribal Gaming Commission must be served on the person cited to

appear. Thereafter the court has jurisdiction of the matter, and the same proceedings

must be had, the same penalties may be imposed and the person charged may purge

himself of the contempt in the same way as in the case of a person who has committed

a contempt in the trial of a civil action before a Tribal court.

12.17 Written decision and order of Commission: rehearing

(a) After the hearing of a contested matter, the Tribal Gaming Commission shall

render a written decision on the merits which must contain findings of fact, a

determination of the issues presented and the penalty to be imposed, if any. The

Tribal Gaming Commission shall thereafter make and enter its written order in

conformity to its decision. No member of the Tribal Gaming Commission who

45
did not hear the evidence may vote on the decision. The affirmative votes of a

majority of the whole Tribal Gaining Commission are required to impose any

penalty. Copies of the decision and order must be served on the parties

personally or sent to them by registered or certified mail. The Tribal Gaming

Commission shall send a copy of the decision to the National Indian Gaming

Commission. The decision is effective upon such service, unless the Tribal

Gaming Commission orders otherwise.

(b) The Tribal Gaming Commission may conduct a rehearing of any matter upon

which it has already made a decision if a motion for rehearing is made within 10

days of the Tribal Gaming Commissions original decision. The motion must not

be granted except upon a showing that there is additional evidence which is

material and necessary and reasonably calculated to change the decision of the

Tribal Gaming Commission, and that sufficient reason existed for failure to

present the evidence at the hearing of the Tribal Gaming Commission. The

motion must be supported by an affidavit of the moving party or his counsel

showing with particularity the materiality and necessity of the additional evidence

and the reason why it was not introduced at the hearing. Upon rehearing,

rebuttal evidence to the additional evidence must be permitted. After rehearing,

the Tribal Gaming Commission may modify its decision and order as the

additional evidence may warrant. Copies of this decision are to be disseminated

in accordance with subsection (a).

12.18 Judicial review: Petition: intervention: stay of enforcement priority if supervisor

appointed

(a) Any person aggrieved by a final decision or order of the Tribal Gaming

Commission made after hearing or rehearing by the Tribal Gaming Commission

pursuant to §~ 11.11 to 11.17, inclusive, and whether or not a petition for

rehearing was filed may obtain a judicial review thereof in the tribal court.

(b) The judicial review must be instituted by filing a petition within 10 days after the

effective date of the final decision or order. A petition may not be filed while a

petition for rehearing or a rehearing is pending before the Tribal Gaming

Commission. The petition must set forth the order or decision appealed from and

the grounds or reasons why petitioner contends a reversal or modification should

be ordered.

(c) Copies of the petition must be served upon the Tribal Gaming Commission and

all other parties of records, or their counsel of record, either personally or by

certified mail.

(d) The court, upon a proper showing, may permit other interested persons to

intervene as parties to the appeal or as friends of the court.

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(e) The filing of the petition does not stay enforcement of the decision or order of the

Tribal Gaming Commission, but the Tribal Gaming Commission may grant a stay

upon such terms and conditions as it deems proper.

12.19 Judicial review: Record on review

(a) Upon written request of petitioner and upon payment of such reasonable costs and

fees as the Tribal Gaming Commission may prescribe, the complete record on

review, or such parts thereof as are designated by the petitioner, must be

prepared by the Tribal Gaming Commission.

(b) The complete record on review must include copies of:

(i) All pleadings in the case;

(ii) All notices and interim orders issued by the Tribal Gaming

Commission in connection with the case;

(iii) All stipulations;

(iv) The decision and order appealed from;

(v) A transcript of all testimony, evidence and proceedings at the

hearing;

(vi) The exhibits admitted or rejected; and

(vii) Any other papers in the case.

The original of any document may be used in lieu of a copy thereof. The record on

review may be shortened by stipulation of all parties to the review proceedings.

(c) The record on review must be filed with the reviewing court within 30 days after

service of the petition fOr review, but the Court may allow the Tribal Gaming

Commission additional time to prepare and transmit the record on review.

12.20 Judicial review; Additional evidence taken by commission: review confined to record:

court may affirm, remand or reverse

(a) The reviewing court may, upon motion therefor, order that additional evidence

in the case be taken by the Tribal Gaming Commission upon such terms and

conditions as the court may deem just and proper. The motion must not be

granted except upon a showing that the additional evidence is material and

necessary and that sufficient reason existed for failure to present the evidence at

47
the hearing of the Tribal Gaming Commission. The motion must be supported

by an affidavit of the moving party or his counsel showing with particularity the

materiality and necessity of the additional evidence and the reason why it was not

introduced in the administrative hearing. Rebuttal evidence to the additional

evidence must be permitted. In cases in which additional evidence is presented

to the Tribal Gaming Commission, the Tribal Gaming Commission may modify

its decisions and orders as the additional evidence may warrant and shall file with

the reviewing court a transcript of the additional evidence together with any

modifications of the decision and order, all of which become a part of the record

on review.

(b) The review must be conducted by the court sitting without a jury, and must not

be a trial de novo but is confined to the record on review.

(c) The reviewing court may affirm the decision and order of the Tribal Gaming

Commission, or it may remand the case for further proceedings or reverse the

decision if the substantial rights of the petitioner have been prejudiced because the

decision is:

(i) In violation of constitutional provisions;

(ii) In excess of the statutory authority or jurisdiction of the Tribal

Gaming Commission;

(iii) Made upon unlawful procedure;

(iv) Unsupported by any evidence; or

(v) Arbitrary or capricious or otherwise not in accordance with law.

12.21 Judicial review: Appeal to appellate court: exclusive method of review for disciplinary

hearings: certain actions not subject to judicial review

(a) Any party aggrieved by the final decision of the tribal court after a review of the

decision and order of the Tribal Gaming Commission may appeal to the appellate

court for appeals in civil cases. The appellate court shall follow the same

procedure thereafter as in appeals in civil actions, and may thereafter, reverse or

modify the decision as the record and law warrant.

(b) The judicial review by the tribal and appellate courts afforded in this chapter is

the exclusive method of review of the Tribal Gaming Commissions actions,

decisions and orders in disciplinary hearings held pursuant to §~ 12.10 to 12.17,

inclusive. Judicial review is not available for actions, decisions or conditional

licenses. Extraordinary common law writs or equitable proceedings are available

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except where statutory judicial review is made exclusive or is precluded or the

use of those writs or proceedings is precluded by specific ordinance.

Section 13 MISCELLANEOUS PROVISIONS

13.1 Investigative fund

(a) An investigative fund is hereby created as a special revenue fund for the purposes

of paying all expenses incurred by the Tribal Gaming Commission for

investigation of an application for a license. The special revenue of the

investigative fund is the money received by the tribe from the respective

applicants. The amount to be paid by each applicant is the amount determined

by the Tribal Gaming Commission in each case.

(b) Expenses may be advanced from the investigative fund by the chairman. Any

money received from the application in excess of the costs and charges incurred

in the investigation or the processing of the application must be refunded. At the

conclusion of the investigation, the Tribal Gaming Commission shall give to the

applicant a written accounting of the costs and charges so incurred.

13.2 Summary suspension of key employees and primary management officials gaming

license: Emergency order: hearing: notice of defense

(a) The Tribal Gaming Commission may issue an emergency order suspending a

persons gaming license upon a finding that the suspension is necessary for the

immediate preservation of the public peace, health, safety, morals, good order or

general welfare. The order becomes effective when served upon the license

holder.

(b) The emergency order must state the facts upon which the finding of necessity for

the suspension is based. For purposes of this section, the emergency order shall

be deemed a complaint.

(c) The person whose gaming license is summarily suspended:

(i) Has a right to a hearing on the order. The Tribal Gaming

Commission shall schedule a hearing within 5 days after receipt of

the persons notice of defense.

(ii) Must file a notice of defense within 30 days after the effective date

of the emergency order. Failure to timely file this notice waives

his right to a hearing before the Tribal Gaming Commission and

to judicial review of the final decision.

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(d) All affirmative defenses must be specifically stated in the notice of defense and

unless an objection is stated to the form or manner of the order, all objections to

the form of the complaint shall be deemed waived.

(e) Except as otherwise provided in this section, the procedures for disciplinary

action in §~ 12.11 to 12.17, inclusive, must be followed.

13.3 Revocation of key employee or primary management officials gaming license: Grounds.

power of commission: judicial review

(a) If any key employee or primary management official is convicted of any violation

involving fraud, theft, larceny, cheating, gaming offense or other crime of

immoral behavior, or if in investigating an alleged violation of this chapter by any

licensee the Tribal Gaming Commission finds that a gaming employee employed

by the licensee has been guilty of cheating, the Tribal Gaming Commission shall

after a hearing as provided in this Chapter if the gaming employee holds a

gaming license issued by the Tribal Gaming Commission, revoke it;

(b) The Tribal Gaming Commission may revoke a gaming license issued by the

Tribal Gaming Commission if the Tribal Gaming Commission finds after a

hearing as provided in this Chapter that the gaming employee misstated or

otherwise misled the Tribal Gaming Commission in respect to any fact contained

within any application for a gaming license or, subsequent to being issued a

gaming license:

(i) Committed, attempted or conspired to do any of the acts prohibited

by this Chapter;

(ii) Knowingly possessed or permitted to remain in or upon any

licensed premises any cards, dice, mechanical device or any other

cheating device whatever, the use of which is prohibited by statute

or ordinance or compact;

(iii) Concealed or refused to disclose any material fact in any

investigation by the Tribal Gaming Commission;

(iv) Committed, attempted or conspired to commit larceny or

embezzlement against a gaming licensee or upon the premises of

a licensed gaming establishment;

(v) Been convicted in any jurisdiction of any offense involving or

relating to gambling;

(vi) Accepted employment without prior Tribal Gaming Commission

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approval in a position for which he could be required to be

licensed under this chapter after having been denied a license for

a reason involving personal unsuitability or after failing to apply

for licensing when requested to do so by the Tribal Gaming

Commission;

(vii) Been refused the issuance of any license to engage in or be

involved with gaming, or had any such license revoked or

suspended;

(viii) Been prohibited under color of governmental authority from being

present upon the premises of any gaming establishment for any

reason relating to improper gambling activities or any illegal act;

(ix) Continuously defied any investigative committee or other officially

constituted bodies acting on behalf of the United States or any

state, county or municipality which seeks to investigate crimes

relating to gaming, corruption of public officials, or any organized

criminal activities; or

(x) Been convicted of any felony or gross misdemeanor other than one

constituting a violation of this chapter.

(c) A gaming license must not be issued by any authority in this Tribe to a person

whose gaming license has previously been revoked pursuant to this section, or to

whom the issuance or renewal of a gaming license has been denied, except with

the unanimous approval of the Tribal Gaming Commission members.

(d) A gaming employee whose gaming license has been revoked pursuant to this

section is entitled to judicial review of the Tribal Gaming Commissions action

in the manner prescribed by §~ 12.18 to 12.21, inclusive.

13.4 Declaratory judgment: limitations on injunctive relief

(a) The Tribal Gaming Commission or any applicant or licensee may obtain a judicial

determination of any question of construction of or validity arising under this

chapter or any regulation of the Tribal Gaming Commission by bringing an action

for a declaratory judgment in tribal court.

(b) When an action is brought by a person other than the Tribal Gaming

Commission, the Tribal Gaming Commission must be made a party to the action

and the tribal attorney must be served with a copy of the complaint and is entitled

to appear in the action.

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(c) Statutes and regulations reviewed pursuant to this section must be construed in a

manner consistent with the declared policy of the tribe.

(d) The filing of a complaint for judicial determination under this section does not

stay enforcement of any Tribal Gaming Commission action. The Tribal Gaming

Commission may grant a stay upon appropriate terms.

(e) In any proceeding brought under this section, the tribal court shall not grant any

injunctive relief or relief based upon any other extraordinary common law writ

to:

(i) Any applicant for licensing;

(ii) Any person who has been ordered by the Tribal Gaming

Commission to submit his application for licensing; or

(iii) Any person seeking judicial review of an action of the Tribal

Gaming Commission which is subject to the provisions of Chapter.

13.5 Injunctions

(a) The tribal attorney, at the direction of the Tribal Gaming Commission, may

institute a civil action in tribal court against any person subject to this chapter to

restrain a violation of this chapter.

(b) The tribal court shall give priority over other civil actions to an action brought

pursuant to this section.

(c) An action brought against a person pursuant to this section does not preclude a

criminal action or administrative proceeding against that person.

13.6 Prosecution by tribal attorney of violations of gaming laws

(a) If the tribal prosecutor fails to file a complaint for an offense, within 15 days

after the Tribal Gaming Commission so requests in writing, the Tribal Gaming

Commission may recommend to the tribal attorney that he file a complaint as the

facts may warrant, and thereafter proceed as appropriate to complete the

prosecution. Upon a written recommendation to prosecute from the Tribal

Gaming Commission, the tribal attorney may so file the matter without leave of

court and has exclusive charge of the prosecution.

(b) If the tribal prosecutor declines to prosecute a gaming offense after receiving a

written request to do so from the Tribal Gaming Commission, he may respond

in writing to the Tribal Gaming Commission within the 15-day period specified

52
in subsection (a) and state the reasons why he declines.

13.7 Gaming or employment in gaming prohibited for persons under 21

(a) A person under the age of 21 years shall not:

(i) Play, or be allowed to play, any Class II or Class III game,

(ii) Loiter, or be permitted to loiter, in or about any room or premises

wherein any Class II or Class III game is operated or conducted.

(iii) Be employed as a gaming employee except in a counting room.

(b) Any licensee, employee, dealer or other person who violates or permits the

violation of any of the provisions of this section and any person, under 21 years

of age, who violates any of the provisions of this section is guilty of a Class A

offense.

(c) In any prosecution or other proceeding for the violation of any of the provisions

of this section, it is no excuse for the licensee, employee, dealer or other person

to plead that he believed the person to be 21 years old or over.

13.8 Tribal Prosecutor and chief of police to furnish information obtained during investigation

or prosecution Every tribal prosecutor shall furnish to the Tribal Gaming Commission

on forms prepared by the Tribal Gaming Commission, all information obtained during

the course of any substantial investigation or prosecution of any person if it appears that

a violation of any law related to gaming has occurred.

13.9 Penalties

(a) Conviction by a court of competent jurisdiction of a person for a violation of, an

attempt to violate, or a conspiracy to violate any of the provisions of this chapter

may act as an immediate revocation of all licenses which have been issued to the

violator, and in addition, the court may, upon application of the tribal attorney

or tribal prosecutor, order that no new or additional license under this chapter be

issued to the violator, or be issued to any persons for the room or premises in

which the violation occurred, for 1 year after the date of the revocation.

(b) Any person who willfully fails to report, pay or truthfully account for and pay

over any license fee or tax imposed by the provisions of this chapter, or willfully

attempts in any manner to evade or defeat any such license fee, tax or payment

thereof shall be punished for a Class A offense.

(c) A licensee who puts additional games or slot machines into play or displays

53
additional games or slot machines in a public area without first obtaining all

required licenses and approval is subject only to the penalties for a Class A

offense.

(d) The violation of any of the provisions of this Ordinance, the penalty for which

is not specifically fixed in this Ordinance is a Class A offense.

(e) Any person who operates, carries on or exposes for play any Class II or Class III

gaming after his license becomes subject to renewal, and thereafter fails to apply

for renewal as provided in this Ordinance, is guilty of a Class A Offense and in

addition to the criminal penalties, is liable to the Reno Sparks Indian Colony for

all license fees, taxes and penalties which would have been due upon application

for renewal.

(f) Any person or entity who has violated any of the provisions of this Ordinance or

this section and does not fall within the criminal jurisdiction of the Reno Sparks

Indian Colony, is subject to the civil jurisdiction of the Tribe and is thereupon

subject to a civil fine of up to $5000 per violation, subject to immediate gaming

license revocation, suspension or limitation, to property impoundment and

confiscation, and/or to removal from the Reno Sparks Indian Colony as the Tribal

Gaming Commission or the Tribal Court deems appropriate. These sanctions are

in addition to the administrative violation and remedies available to the Tribal

Gaming Commission.

13.10 Protection of the Environment and Public Health and Safety Class II gaming facilities

shall be constructed, maintained and operated in a manner that adequately protects the

environment and the public health and safety.

13.11 Severability Clause If any provision of the Ordinance is held invalid, such invalidity

shall not affect the other provisions of the Ordinance.

Section 14 RECOVERY OF GAMING DEBTS BY PATRONS

14.1 Refusal by licensee to pay alleged winnings: investigation: resolution of dispute by

Commissions agent

(a) Whenever a licensee refuses payment of alleged winnings to a patron, the licensee

and the patron are unable to resolve the dispute to the patrons satisfaction and

the dispute involves:

(i) At least $500, the licensee shall immediately notify the Tribal

Gaming Commission; or

54
(ii) Less than $500, the licensee shall inform the patron of his right to

request that the Tribal Gaming Commission conduct an

investigation.

The Tribal Gaming Commission, through an agent, shall conduct whatever

investigation it deems necessary and shall determine whether payment

should be made.

(b) The Tribal Gaming Commissions agent shall mail written notice to the Tribal

Gaming Commission, the licensee and the patron of his decision resolving the

dispute, return receipt requested, within 30 days after the date when the Tribal

Gaming Commission first received notification from the licensee or a request to

conduct an investigation from the patron.

(c) Failure to notify the Tribal Gaming Commission or patron as provided in

subsection (a) is grounds for disciplinary action pursuant to §~ 11.12 to 12.17,

inclusive.

(d) The decision of the Tribal Gaming Commissions agent is effective on the date

the aggrieved party receives the notice of the decision. The date of receipt is

presumed to be the date specified on the return receipt.

14.2 Petition for hearing by Commission: notice and conduct of hearing

(a) Within 20 days after the date of receipt of the agents written decision, the

aggrieved party may file a petition with the Tribal Gaming Commission

requesting a hearing to reconsider the decision. The date of receipt is presumed

to be the date specified on the return receipt.

(b) The petition must set forth the basis of the request for reconsideration.

(c) If no petition for reconsideration is filed within the time prescribed in subsection

(a), the decision shall be deemed final action on the matter and is not subject to

reconsideration by the Tribal Gaming Commission or to review by any court.

(d) The party requesting the hearing must provide a copy of the petition to the other

party.

(e) Within 15 days after service of the petition, the responding party may answer the

allegations contained therein by filing a written response with the Tribal Gaming

Commission.

(1) The Tribal Gaming Commission shall schedule a hearing and shall conduct the

hearing as provided in this Chapter, except that notice of the date, time and place

55
of the hearing must be provided by the Tribal Gaming Commission to both

parties.

14.3 Burden of proof on party seeking reconsideration: decision of Tribal Gaming

Commission

(a) The party seeking reconsideration bears the burden of showing that the agents

decision should be reversed or modified.

(b) After the hearing, the Tribal Gaming Commission may sustain, modify or reverse

the agents decision. The decision by the Tribal Gaming Commission must be in

writing and must include findings of fact. A copy of the Tribal Gaming

Commissions decision must be delivered or mailed forthwith to each party or to

his attorney of record.

14.4 Payment of claim after decision of Commission becomes final: deposit and withdrawal

of amount of claim upon judicial review

(a) Except as otherwise provided in subsection (b), a licensee shall pay a patrons

claim within 20 days after the decision of the Tribal Gaming Commission

directing him to do so becomes final. Failure to pay within that time is grounds

for disciplinary action pursuant to the provisions of this Chapter.

(b) If a licensee intends to file a petition for judicial review of the Tribal Gaming

Commissions decision pursuant to §~ 12.18 to 12.21, inclusive, the licensee must

first deposit in an interest-bearing account in a financial institution an amount

equal to the amount in dispute. The licensee shall pay the full amount of the

patrons claim, including interest, within 20 days after a final, nonappealable

order of a court of competent jurisdiction so directs.

(c) The licensee may withdraw the amount deposited in the financial institution upon:

(i) Payment of the full amount of the patrons claim, plus interest, if

the licensee has given notice to the Tribal Gaming Commission of

the payment; or

(ii) A final determination by the court that the licensee is not required

to pay the claim.

14.5 Judicial review: Petition: intervention: stay of enforcement

(a) Any person aggrieved by a fmal decision or order of the Tribal Gaming

Commission made after hearing by the Chapter to the provisions of this Chapter,

may obtain a judicial review thereof in the tribal court.

56
(b) The judicial review must be instituted by filing a petition within 20 days after the

effective date of the final decision or order. The petition must set forth the order

or decision, appealed from and the grounds or reasons why petitioner contends a

reversal or modification should be ordered.

(c) Copies of the petition must be served upon the Tribal Gaming Commission and

all other parties of record, or their counsel of record, either personally or by

certified mail.

(d) The court, upon a proper showing, may permit other interested persons to

intervene as parties to the appeal or as friends of the court.

(e) The filing of the petition does not stay enforcement of the decision or order of the

Tribal Gaming Commission, but the Tribal Gaming Commission itself may grant

a stay upon such terms and conditions as it deems proper.

14.6 Judicial review: Record on review

(a) Upon written request of petitioner and upon payment of such reasonable costs and

fees as the Tribal Gaming Commission may prescribe, the complete record on

review, or such parts thereof as are designated by the petitioner, must be

prepared by the Tribal Gaming Commission.

(b) The complete record on review must include copies of:

(i) All pleadings in the case;

(ii) All notices and interim orders issued by the Tribal Gaming

Commission in connection with the case;

(iii) All stipulations;

(iv) The decision and order appealed from;

(v) A transcript of all testimony, evidence and proceedings at the

hearing;

(vi) The exhibits admitted or rejected; and

(vii) Any other papers in the case.

The original of any document may be used in lieu of a copy thereof. The record on

review may be shortened by stipulation of all parties to the review proceedings.

57
(c) The record on review must be filed with the reviewing court within 30 days after

service of the petition for review, but the court may allow the Tribal Gaming

Commission additional time to prepare and transmit the record on review.

14.7 Judicial review: Additional evidence taken by Commission: review confined to record:

court may affirm, remand or reverse

(a) The reviewing court may, upon motion therefor, order that additional evidence

in the case be taken by the Tribal Gaming Commission upon such terms and

conditions as the court may deem just and proper. The motion must not be

granted except upon a showing that the additional evidence is material and

necessary and that sufficient reason existed for failure to present the evidence at

the hearing of the Tribal Gaming Commission. The motion must be supported

by an affidavit of the moving party or his counsel showing with particularity the

materiality and necessity of the additional evidence and the reason why it was not

introduced in the administrative hearing. Rebuttal evidence to the additional

evidence must be permitted. In cases in which additional evidence is presented

to the Tribal Gaming Commission, the Tribal Gaming Commission may modify

its decisions and orders as the additional evidence may warrant and shall file with

the reviewing court a transcript of the additional evidence together with any

modifications of the decision and order, all of which become a part of the record

on review.

(b) The review must be conducted by the court sitting without a jury, and must not

be a trial de novo but is confined to the record on review.

(c) The reviewing court may affirm the decision and order of the Tribal Gaming

Commission, or it may remand the case for further proceedings or reverse the

decision if the substantial rights of the petitioner have been prejudiced because the

decision is:

(i) In violation of constitutional provisions;

(ii) In excess of the statutory authority or jurisdiction of the Tribal

Gaming Commission;

(iv) Made upon unlawful procedure;

(v) Unsupported by an evidence; or

(vi) Arbitrary or capricious or otherwise not in accordance with law.

14.8 Judicial review: Appeal: exclusive method of review: costs to transcribe proceedings and

transmit record

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(a) Any party aggrieved by the final decision in the tribal court after a review of the

decision and order of the Tribal Gaming Commission may appeal to the appellate

court in the manner and within the time provided by law for appeals in civil

cases. The appellate court shall follow the same procedure thereafter as in

appeals in civil actions, and may affirm, reverse or modify the decision as the

record and law warrant.

(b) The judicial review by the tribal and appellate courts afforded in this chapter is

the exclusive method of review of the Tribal Gaming Commissions actions,

decisions and orders in hearings held pursuant to this Chapter. Judicial review

is not available for extraordinary common law writs or equitable proceedings.

(c) The party requesting judicial review shall bear all of the costs of transcribing the

proceedings before the Tribal Gaming Commission and of transmitting the record

on review.

CERTIFICATION

I, the undersigned Chairman of the Reno-Sparks Tribal Council, hereby certify that the Tribal

Council, composed of seven (7) members, of whom six (6) constituting a quorum, were present

at a duly called meeting which was convened and held on the 16th day of June, 1993, and that

the foregoing Title 20, Gaming Licensing and Control Act, was duly adopted by a vote of five

(5) for, zero (0) against, and one (1) abstention, pursuant to authority contained in the

Constitution and Bylaws of the Reno-Sparks Indian Colony.

Arlan D. Melendez, Tribal Ch~3]an

Reno-Sparks Indian Colony ~/

59