JAN 1 9 1996 

Albert Martin, Chairperson 

Tyme Maidu Tribe of the Berry Creek Rancheria 

5 Tyme Way 

Oroville, California 95966 

Dear Chairperson Martin: 

This letter responds to your request to review and approve 

the tribal gaming ordinance adopted by the Tyme Maidu Tribe of 

the Berry Creek Rancheria (Tribe) on September 27, 1995. This 

letter constitutes such approval under the Indian Gaming 

Regulatory Act (IGRA) . 

Under the IGRA and the regulations of the National Indian 

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

ordinances with respect to the requirements of the IGRA and tlre 

implementing regulations. Thus, the scope of the Chairman's 

review and approval is limited to the requirements of the IGRA 

and the NIGC regulations. Provisions other than those required 

under the IGRA or the NIGC regulations that may be included in a 

tribal ordinance are not subject to review and approval. Such 

approval does not constitute approval of specific games. Also, 

the gaming ordinance is approved for gaming only on Indian lands 

as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming 

ordinance, the Tribe is now required to conduct background 

investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application 

for each key employee and primary management official pursuant to 

25 C.F.R. 5 556.5(a) and an investigative report on each 

background investigation before issuing a license to a key 

employee or primary management official pursuant to 25 C.F.R. 

5 556.5(b). 

Thank you for submitting the ordinance of the Tyme Maidu 

Tribe of the Berry Creek Rancheria for review and approval. The 

NIGC staff and I look forward to working with you and the Tribe 

in implementing the IGRA. 

Sincerely yours, 

Chairman 

1441 L ~N.w~~~ON. I D.C. 20005 TEL.: 202-632-1033 FAX: 202-632-7065 
GAMING ORDINANCE 

OF THE 

BERRY CREEK RANCHERIA 
TABLE OF CONTENTS 

Pase 

Section 1 . Findinss and Policv ............. 1 

Section 2 . owners hi^ of Gaminq .............. 2 

Section 3 . Definitions .................. 2 

Section 4 . Gamins Commission ............... 4 

a . Establishment of Gamins Commission ... 4 

b . Qualifications .................. 4 

c . Disaualifications for Office ............ 5 

d . Terms of Office ........... 5 

e . Amointment .................... 5 

f . RemovalfromOffice ................ 6 

g . Quorum ....................... 6 

h . Officers and Duties ................. 6 

i . Votinq ........................ 6 

j . Meetinas ...................... 7 

k . Com~ensation for Servinq .............. 7 

1 . PowersandDuties ................. 7 

(1) Monthlv Reports ................ 8 

(2) AnnualRe~orts ................. 9 

(3) Other Re~ortins Remirements .... 9 

n . Disclosure of information ............. 9 

Section 5 . Permitted Gamina Activities .......... 9 

a . Unauthorized Gamina Prohibited . . 9 

(1) Class I Gaminq ................ 9 

(2) Class I1 andclass IIIGamina ......... 9 
Section 6 . Gamins Revenues .............. 10 

a . Tribal Prowertv ............... 10 

b . UseofNet Revenues ................ 10 

Section 7 . O~eration of Gamins Establishments ..... 11 

a . Gamins Permitted as Licensed ........... 11 

b . Protection of Environment and Public ....... 11 

c . Dis~uteResolution .............. 11 

Section 8 . Audits ................. 11 

Section 9 . Contracts .................. 11 

a . Biddinq .................... 11 

Section 10 . Licenses ................. 12 

a . ~icensins Requirements ............. 12 

b . A~wlicant Claim of Privileue ........ 12 

c . Release of Information .............. 12 

d . Twes of Licenses ................ 12 

(1) Class A Licenses .............. 12 

(2) ClassBLicenses ............. 13 

(3) Class C Licenses .............. 13 

e . LicenseRenewal ................. 13 

f . Tem~orarvLicenses ................ 13 

g . License Investisations ........... 14 

h . License Fees .................. 14 

j . Backsround Investiaations ............ 14 

k . ~liaibilitv Determination ............ 17 
1 . Forwardina Licensins A~~lications 

and Reports to NIGC ............... 17 

m . Grantins a Gamins License ............ 18 

n . License Sus~ension ................ 18 

o . Facilities Licenses ............... 19 

Section 11 . Apulication Forms .............. 19 

(1) Privacv Ordinance Notice ........... 19 

(2) Notice Resardins False Statements .... 20 

Section 12 . Class I11 Gamins; Tribal-State Corn~acts ... 20 

Section 13 . 

Section 14 . 

Section 15 . 

Section 16 . 

Section 17 . 

Section 18 . 

Interest in Manaaement Contracts 

by Tribal Officials ............. 

Service of Process ............. 20 

Tribal Gamina Cor~oration .... 20 

Re~eal of Prior Garnina Ordinance; 

Effective Date ................ 21 

Severability ................ 21 

Amendments ................. 21 
. ;C 

01-18-1996 09:31RM FROM RRPPORT 8 MFlRSTON 

ORDINANCE NO. 95-01 

AN ORDZNANCE OF THE TYME MAIDU TRIBE OF THE 

BERRY CREEK RANCHERIA AMENDING THE ORDINANCE 

AUTHORIZING AND REGULATING GAMING ON THE BERRY 

CREEK I~IAN RANCHERIA 

The Tyme Maidu Tribe of the Berry Creek Rancheria, a federally 

recognized ~ndian Tribe ("TribeI1), as the beneficial owner of the 

Berry Creek Indian Rancheria, and acting through its General 

Council in the axercise of its inherent sovereign power to enact 

ordinances and otherwise safeguard and provide for the health, 

safety and welfare of the Berry Creek Indian Rancheria (I1Heservation") and the members of the Tribe, hereby enacts this ordinance 

which shall hereinafter be cited as the Berry Creek Gaming 

Ordinance of 1994 ("01-dinancell) . This Ordinance and any regulations promulgated thereunder shall constitute the entire gaming 

regulations for the Tribe. This Ordir-ance amends the Ordinance No. 

94-01, adopted March 25, 1994, and amended on June 29, 1994. 

. .m Section I. F~ndlnas and Policv. 

This ordinance is adopted by the General Council, pursuant to 

its authority gqanted under the Tribefs Constitution, for the 

gurpoee of establishing the terms for gaming on the Reservation for 

._ qribal governmental and charitable purposes, and to develop, 

operate, and realate such gaming con~istent with the findings 

herein and in con£ormity with the federal Indian Gaming Regulatory 

Ordinance (25 U.S.C. § 2701 st seq. ("IGRAu)) and regulations 

promulgated thereunder. 

I 

The Tribe fgnde that: l 

a. Gaming on it8 Reservation is a valuable means of 

generating revenues that are needed for economic development, to 

promote tribal se4f-sufficiency, economic development, employment, 

job training, and a strong tribal government, and to fund and 

ensure essential~social programs and services; I 

I 

b. The Tribe desires to conduct certain forms of gaming to 

pkovide needed revenues to the Tribe, and to regulate and control 

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

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

the players, and the community; and 

c. The Tribe desires to own all gaming on tribal lands, and 

to manage and regulate such gaming in a manner that will adequately 

agdress such special interests and needs of the Tribe. 

I 
Section 2. owners hi^ of Gaminq. 

The Tribe shall have the sole proprietary interest in and 

responsibility for the conduct of any gaming operation facilities 

and/or enterprise(s1 authorized by this Ordinance, except to the 

extent the Tribe may contract with and license a person or entity 

to, operate or manage the enterprise pursuant to the provisions of 

IGRA and the regulations promulgated thereunder, or as otherwise 

permitted by law. 

Section 3. Definitions. 

Unless specified otherwise, the terms used herein shall have 

the same meaning as in IGRA, including but not limited to references to "Net Revenues, I' I'Class I, I' "Class I and "Class 111" 

gaming, and except for references to 'lCommissioners", llCommission'l, 

or "Gaming Commission" which shall mean the Berry Creek Rancheria 

Gaming Commission or its Commissioners, established and described 

herein. 

a. ttClosely Associated Independent Contractor" shall mean 

any contractor that shares common ownership, officers or directors 

with any management principal or person related thereto. 

b. "Confidential Records and Informationn shall mean: 

(1) Records or information maintained by the Commission 

about individuals (such as, but not limited to, personnel 

records and records containing information about applications 

for Commission licenses, permits or benefits); 

(2) Records or information reported to the Commission 

about business transactions and finances of a gaming facility 

or an applicant for a license or a licensee such as, but not 

limited to, real or personal property transactions, financial 

records (e.g., income statements, balance sheets, profit and 

loss statements), except for financial information subject to 

disclosure under other provisions of this Ordinance; 

(3) Records or information about complaints to the 

Commission or investigations of those complaints by Commission 

officials, or other investigations conducted by the Commission; 

(4) Correspondence of and to the Commission or the 

Commission Chairman; and 

(5) Records which reveal the deliberative processes, 

impressions, evaluations, opinions, recommendations, meeting 

minutes, research, work product, theories, or strategy of the 

Commission. 
c. I1Gamingl shall mean an activity in which a person stakes 

or risks somethingof value on the outcome of a contest of chance 

or a future contingent event, not under his or her control or 

influence, upon anagreement or understanding that the person, or 

someone else, will receive something of value in the event of a 

certain outcome, but shall not include bona fide business transactions. 

d. "Gaming Activitiesn shall mean any Class I, Class 11, or 

Class I11 gaming activity conducted by or under the jurisdiction 

of the Tribe. 

e. !#Gaming Commissionn shall mean the Berry Creek Rancheria 

Gaming Commission, as established herein to monitor the Gaming 

Activities, investigate wrongdoing, conduct background investigations, issue licenses, and perform other duties as required for the 

regulation of Gaming on the Reservation. 

f . "Gaming ContractorI1 shall mean any person or entity that 

supplies gaming devices or other gaming equipment, personnel, or 

services (including gaming management or consulting services) to 

any gaming activity or enterprise. 

g. "Gaming Enterprisen shall mean any gaming business, 

event, enterprise or activity conducted by or under the jurisdiction of the Tribe. 

h. "General Co~ncil~~ shall mean the governing body of the 

Tribe, as set forth in the Tribe's Constitution. 

i. "Investorn means any person who manages any gaming 

activity or owns or leases equipment or facilities used in gaming 

activities or has loaned to or invested funds in any gaming 

activities, or who owns, or controls ten percent (10%) or more of 

any entity that is an investor or has contributed more than Five 

Thousand Dollars ($5,000) to any such person or entity. Investor 

does not include a federally or state chartered bank or savings and 

loan. 

j. "Key Employeen shall mean a person who performs one or 

more of the following functions: bingo caller, counting room 

supervisor, chief of security, custodian of gaming supplies or 

cash, floor manager, pit boss, dealer, croupier, approver of 

credit, or custodian of gaming devices including those persons with 

access to cash and accounting records within such devices. If not 

otherwise included, any other person whose total cash compensation 

is in excess of $50,000 per year, and the four (4) most highly 

compensated persons in the Gaming Enterprise are included in the 

definition of key employees. At the discretion of the Gaming 

Commission, other positions or persons may be included under and 

subject to the requirements for key employees. 
k. "~ational Indian Gaming Cornmission" ("NIGC") shall mean 

the Commission established under IGRA. 

1. "Net Revenues" shall mean gross gaming revenues from all 

Gaming Activities of a Gaming Enterprise, less amounts paid out as, 

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

expenses, excluding management fees. 

m. "Public Informationn means any information in the 

Commission records that is not confidential records or information. 

n. "Personn shall mean any natural person or entity, 

including but not limited to, corporations, partnerships and 

trusts. 

o. "Primary Management Officialn shall mean the person who 

has management responsibility for a management contract; any person 

who has authority to hire and fire employees or to set up working 

policy for the Gaming Enterprise; or the chief financial officer or 

other person who has financial management responsibility. At the 

discretion of the Gaming Commission, other positions or persons may 

be included under and subject to the requirements for primary 

management officials. 

P . "Related to" shall refer to persons who are related as a 

father, mother, sister or brother. 

q- IvReservation" shall mean all lands under the jurisdiction and control of the Tribe. 

r. "Staten shall mean the State of California. 

s. "Tribal Courtn shall mean any court established by the 

Tribe to hear disputes or, if there is none that can exercise 

jurisdiction, then the General Council. 

t. "Tribal Member" shall mean any duly enrolled member of 

the Tribe. 

Section 4. Gamina Commission. 

a. Establishment of Gamins Commission. There is established 

by the Tribe a Commission, acting under the authority of the Tribe, 

to be known as the Berry Creek Rancheria Gaming Commission. The 

Gaming Commission shall be composed of three (3) persons who shall 

be appointed by the Berry Creek General Council, as further 

provided herein. 

b. Qualifications. Commissicners must meet the following 

minimum qualifications: 
(1) Possess a high school diploma or G.E.D. 

(2) At least two must be enrolled tribal members. 

(3) Qualify for a license as a key employee or management official, after submitting to a background investigation as authorized by this Ordinance. 

c. ~isaualifications for Office. The following persons may 

not serve as Commissioners: 

(1) Employees of any Gaming Enterprise on the 

Reservation; 

(2) Persons related to: 

(a) any Gaming Contractor (including any principal 

thereof or Closely Associated Independent Contractor) ; 

(b) any primary management official of a gaming 

enterprise; and 

(3) Persons who would fail to qualify for a license 

as a key employee or primry management official after the 

completion of a background investigation as provided in 

this Ordinance. 

d. Terms of Office. The first two Commissioners appointed 

to serve on the Commission, shall be appointed for a term of three 

(3) years, and the third commissioner for a term of two (2) years. 

Thereafter, all Commissioners shall be appointed for a term of five 

(5) years. 

e. A~~ointment. Commissioners shall be appointed by the 

General Council, using the following procedure. 

(1) The General Council at a regular meeting shall 

appoint a five (5) member selection committee, consisting of 

an attorney, a consultant, two general council members and one 

tribal officer. Members of the selection committee shall 

serve to fill the existing vacancies on the Commission, after 

which their terms shall expire. As the need arises, the 

General Council shall appoint members to a selection committee. The selection committee shall appoint a chairperson and 

make decisions by majority vote. Each member shall review all 

applications and submit his or her recomendations to the 

chairperson. The chairperson shall poll the selection 

committee members in order to develop recommendations to the 

General Council. 

s - :,d; r\ords95\Brycrk. gam 

September i. 1995 
(2) All applicants for Commissioner shall complete an 

application form adopted by the General Council., and submit 

to a background check as authorized by this Ordinance. I 
(3) Based on the applications and any additional 

information or interviews required bv the selection committee, 

the selection committee shail recoimend appointments to the 

General Council. The committee may only recommend candidates 

who meet the requirements in subsection-b and are not disqualified under subsection c. 

(4) At a duly called General Council meeting, the 

General Council shall vote to approve or disapprove the 

candidates recommended by the selection committee. If the 

General Council rejects a recommended candidate, the selection 

committee shall recommend another candidate which the General 

Council shall approve or disapprove as provided herein. 

f. Removal from Office. Except as provided herein, 

Commissioners may only be removed from office before the expiration 

of their terms by the General Council for neglect of duty, 

misconduct, malfeasance, any cause that would disqualify them from 

serving on the Commission, any material omission or false statement 

in applying for appointment, or other acts that would render such 

persons unqualified for such duties or for licensure hereunder. An 

affirmative vote of a majority of the General Council present at a 

duly called meeting with a quorum present, after a duly noticed 

hearing at which the member charged with misconduct shall have the 

right to hear and present evidence concerning his/her removal, 

shall be required to remove a member of the Commission. At the 

request of the member whose removal is at issue, the hearing may be 

held in a session closed to the general public ("executive 

session"). The General Council also may elect to receive in 

executive session any evide.nce public disclosure of which might 

compromise any on-going law enforcement investigation. Notwithstanding the foregoing, the Commission shall remove any Commissioner who fails to attend three (3) meetings in any consecutive twelve 

month period without the consent of the Commission, or who dies or 

becomes disabled from performing his or her duties. The General 

Council shall fill any mid-term vacancy for the unexpired term as 

provided in subsection e. 

g. Quorum. Two (2) members of the Gaming Commission shall 

constitute a quorum. 

h. Officers and Duties. The Gaming Commission shall select, 

by majority vote, a Chairman, Vice-Chairman and Secretary. The 

Chairman shall preside over meetings of the Gaming Commission and 

the Vice-Chairman shall preside in absence of the Chairman. The 

Secretary shall record in writing the minutes of all Gaming 

Commission meetings and all official actions taken by the Gaming 

Commission. 

s : \dl r?ords95\arfcrk. gam 

September 1. 1995 
i. Votinq. '~ll actions of the Gaming Commission shall be 

taken by majority vote. The Commission Chairman may vote on any 

issue. Roberts Rules of Order shall apply, unless the Commission 

adopts specific rules that differ from Roberts Rules of Order. 

j. Meetinqs. Meetings shall be held at least once per 

month, on the second Tuesday of the month at the Tribe's primary 

meeting facility. Additional meetings shall be held as called by 

the Chairman or by at least two (2) other Commissioners. Notice of 

meetings, except regular meetings, shall be given in writing to 

each Commissioner, served by first class mail or personal delivery 

at least five (5) business days prior to such meeting. Meetings 

may be called at any time, by any means, with unanimous consent of 

the Commissioners. 

k. Com~ensation for Servinq. The General Council shall 

determine and authorize the compensation to be paid to Commissioners based on a determination of time required to be expended upon 

Commission duties and the qualifications of the appointed Commissioners. 

1. Powers and Duties. 

The Gaming Commission shall have the power and duty to: 

(1) Inspect, examine and monitor Gaming Activities, 

including the power to demand access to and inspect and 

examine any gaming facility, machine, device, practice, paper, 

book, record or area and in addition, to photocopy and audit 

all papers, books and records respecting such Gaming Activities; 

(2) Investigate any suspicion of wrongdoing in connection with any Gaming Activities; 

(3) Conduct, or cause to be conducted, such investigations as may be necessary to determine in connection with any 

Gaming Activities, compliance with law or this Ordinance or 

any contracts, agreements, other matters related to Gaming 

Activities; 

(4) Conduct, or cause to be conducted, backsround 

investigations regarding any person in any way connected with 

any Gaming Activities and issue licenses to, at minimum, all 

~ey ~m~loyees and Primary Management Officials according to 

requirements at least as stringent as those in 25 C.F.R. parts 

556 and 558; 

(5) Hold such hearings, sit and act at such times and 

places, summon persons on the rancheria to attend and testify 
at such hearings, take such testimony, and receive such 

evidence as the Gaming Commission deems relevant in fulfilling 

its duties; ; 

(6) Administer oaths or affirmations to witnesses 

appearing before the Gaming Commission; 

(7) Implement and administer a system for investigating, 

licensing and monitoring employees and others connected with 

Gaming Activities, as described below, including the issuance 

of licenses to gaming facilities, individuals and entities as 

required under this Ordinance and IGRA; 

(8) Hear disputes against the gaming establishment, in 

accordarlce with the procedures established in this Ordinance 

or rules adopted by the Commission; 

(9) Subject to the approval of the General Council and 

the appropriation of funds therefor, to employ and compensate 

such staff and support services as are reasonably required to 

fulfill its responsibilities under this Ordinance; 

(10) To the extent required, comply with any reporting 

requirements required by this Ordinance, Tribal law or IGRA or 

established under a tribal-state compact to which the Tribe is 

a party and other applicable law, including the IGRA; 

(11) Promulgate and issue such resulations as it deems 

appropriate, subject to review and approval by the General 

Council, in order to implement and enforce the provisions of 

this Ordinance. without- ~eneral Council approval the Commis - 

sion may adopt rules of procedure governing how its meetings 

will be conducted; 

(12) Promulgate regulations, subject to review and 

approval by the General Council, to describe and establish 

rules for each Class I1 or Class 111 game authorized to be 

conducted on the rancheria, gaming machine standards or 

systems of internal controls and no f om of such gaming may be 

conducted on the rancheria without the prior approval of the 

Gaming Commission; 

(13) To establish such application and other fees as it 

deems necessary to cover the costs of its operations; and 

(14) Carry out such other duties with respect to Gaming 

Activities on the rancheria as the General Council shall 

direct. 
(1) Monthly Reports. The Commission shall make monthly 

reports to the General Council within thirty (30) days after 

the close of the month for which the information is being 

required. The reports shall include a full and complete 

statement of Gaming Revenues paid to the Tribe, expenses and 

all other financial transactions of the Commission and a 

summary of all licensing and enforcement actions. 

(2) Annual Reuorts. On or before April 30th of each 

year, the Gaming Commission shall provide to the General 

Council an Annual Report summarizing its activities during the 

prior twelve (12) month period ending on December 31st, and 

accounting for all receipts and disbursements. The General 

Council shall cause copies of the Annual Report to be made 

available to Tribal Members within thirty (30) days after 

receipt. 

(3) Other Re~ortins Recruirements. AS required, the 

Gaming Commis.sion shall comply with any reporting requirements 

established under a tribal-state compact to which the Tribe is 

a party, and other applicable law, including the IGRA and 

regulations promulgated thereunder. 

n. Disclosure of information. The Commission shall adopt 

rules consistent with this ordinance governing the disclosure of 

information in its records. 

Public information shall be available to any Tribal official 

or member during normal business hours upon reasonable notice. Any Tribal official or member may request copies of any identifiable 

public record upon payment of a reasonable fee to cover the cost of 

locating and copying the document. 

Commissioners, and its employees shall not disclose confidential records or con£ idential in£ ormation, except as required to 

perform their specific job duties or to comply with applicable 

legal requirements. 

Section 5. Permitted Gamins Activities. 

a. Unauthorized Gamins Prohibited. All Gaming Activities on 

the rancheria (whether Class I, I1 or 111) are prohibited except as 

expressly authorized under this Ordinance. 

(1) Class I Gaminq. Class I Gaming Activities are 

hereby permitted to the extent consistent with tribal custom 

and practice. The Gaming Commission may prohibit and prevent 

any conduct which is claimed to be Class I gaming if the 

General Council finds that such conduct is not in accordance 

with tribal customs or practices or violates IGRA or any other 

law. 
(2) Class 11 and Class 111 Ganinq. Class 11 and Class 

I11 gaming on the rancheria is hereby authorized, provided the 

Tribe has the sole proprietary interest in and responsibility 

for the conduct of any gaming enterprise. Nothing herein 

shall prohibit the Tribe from engaging the sewices of nontribal persons as employees thereof or engaging any person or 

entity to provide consulting or other technical assistance or 

to assist the Tribe in the management of Gaming Activities 

pursuant to a management agreement entered into under the 

provisions of IGRA. Class I11 gaming shall be conducted 

solely in accordance with any tribal-state compact between the 

Tribe and the State, or any alternative thereto as provided by 

I GRA . 

Section 6. Gamins Revenues. 

a. Tribal Pro~ertv. Except as provided for under the terms 

of an agreement pursuant to the provisions of IGRA or as otherwise 

permitted by law, all revenues generated from any Class I1 or Class 

I11 Gaming Activities are the property of the Tribe. Any prof its or 

net revenues from Gaming Activities shall be deposited into the 

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

shall determine. Once becoming part of the treasury such funds 

shall lose any identity as gaming revenues except to the extent 

necessary to identify them as such in order to comply with 

a~plicable law. No Tribal Member shall be deemed to have any 

interest in such prof its or net revenues, provided that the General 

Council may adopt rules for distributing gaming proceeds to Tribal 

Members on a per capita basis provided such plan meets the 

requirements of IGRA, 25 U.S.C. § 2710 (b) (3). Payments from the 

general treasury funds to' Tribal Members under other tribal 

programs, including those related to health, welfare, education, 

elderly care, and housing, shall not be deemed to be per capita 

payments. 

b. Use of Net Revenues. Net Revenues from Gaming 

Activities shall not be used for purposes other than: 

(1) To fund tribal government operations or programs; 

(2) To provide for the general welfare of the Tribe and 

its members; 

(3) To promote economic development for the Tribe; 

(4) To donate to charitable organizations; 

(5) To help fund operations of local government agencies; or 

(6) Per capita payments, provided the gaming activities 
from which the pet capita payments will be made have been: (1) 

producing net revenues for the Tribe in excess of any loan payments 

required of the Tribe in connection with those gaming activities, 

(2) each month for a continuous period of not less than twenty-four 

(24) months. 

c. Per Ca~ita Pavments. When per capita payments are 

authorized under subsection b.6 and the General Council, in its 

sole discretion, determines to make per capita payments: 

(1) The General Council shall prepare a financial plan 

or ordinance to allocate revenues to uses authorized 

under Section 6. The General Council may form an 

advisory committee consisting of General Council members 

to make recommendations regarding the financial plan. 

(a) The financial plan or ordinance to allocate 

revenue must be approved by majority vote of the 

General Council present at duly called meeting with 

a quorum present . 

(b) No per capita payments shall be made pursuant 

to the financial plan or ordinance until it has 

been approved by the Secretary of the Interior, or 

his duly authorized designee. 

(2) All per capita payments made to Berry Creek Rancheria members are subject to federal taxation. The 

members will be notified of such tax liability and any 

required witholding when payments are made. 

Section 7. Oneration of Gamina Establishments. 

a. Gamina Permitted as Licensed. Gaming Activities shall 

only be conducted in tribally owned, operated and licensed 

facilities pursuant to the provisions of this Ordinance. Such 

activities shall be conducted in accordance with the terms and 

conditions of any license issued by the Tribe for such purposes as 

to each facility before any Gaming Activities may occur therein. 

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

of Gaming Activities allowed therein, permitted uses of the 

facility for other activities, rules of conduct for employees and 

patrons, regulation of alcoholic beverages, food handling and 

entertainment, and such other matters as the Gaming Commission or 

the General Council may deem necessary to the conduct of Gaming 

Activities therein. 

b. Protection of Environment and Public. Any construction 

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

therein, shall be conducted in a manner which adequately protects 

the environment and the public health and safety. 
C 

genera 

or the 

~ublic/~atron Disputes. If any customer or member of the 

1 public has a dispute with the manager of a gaming facility 

Tribe, it shall be resolved using the following procedure. 

Any gaming facility manager and the Tribe must endeavor to 

resolve disputes at the lowest level of management possible. Toward 

that end, any dispute involving gaming must be presented using a 

multistep process. 

Ste~ 1: If a patron has a complaint involving the conduct of 

a game or his or her treatment at the facility, he or she must 

discuss the matter with the employee involved in the incident. The 

employee must listen carefully and courteously to the patron's 

complaint. All employees shall receive training in customer 

relations. If the employee fails to resolve the complaint to the 

customer's satisfaction or lacks the authority to remedy the 

complaint, he or she shall immediately contact hii or her immediate 

supervisor, if available, or the floor manager. 

Ste~ 2: If the supervisor or floor manager fails to resolve 

the dispute to the customer's satisfaction or lacks the authority 

to remedy the complaint, he or she shall refer the complaint to the 

gaming facility manager. The supervisor or floor manager shall 

also notify security. If a customer is referred to the gaming 

facility manager, the gaming facility manager shall interview the 

customer and, if necessary, the involved employee (s) and shall make 

a decision within, a reasonable time, not to exceed, five (5) days. 

The manager shall obtain the customer1 s name, address and telephone 

number. The manager shall notify the customer that if he or she 

remains dissatisfied, he or she can request in writing review by 

the Tribal Gaming ~epresentative ("Representative") within seven 

(7) days of the manager's decision. 

Ste~ 3: The Representative shall review the customer's 

written appeal and may interview the customer, the manager and any 

involved employees. The Representative shall issue a written 

decision to the customer within five (5) working days of receiving 

the customer's appeal.' The Representative's written decision shall 

include a notice that the customer may appeal the Representative' s 

decision to the hearing panel appointed by the General Council. 

The written appeal must include all information the customer wants 

the hearing panel to consider in acting on the appeal. The appeal 

must be filed within seven (7) days of the date on the Representative's decision. 

Ste~ 4: The hearing panel shall conduct such hearing on the 

appeal as it dedms appropriate. It may limit its review to the 

written appeal and the written decision of the Representative or it 

may invite the customer to present written testimony and it may 

receive testimony from the involved employees. General Council, 

based on the recommendation of the hearing panel, shall issue a 

written decision which shall be final. 
All written notices and decisions shall be sent by regular 

first class mail to the customer at the address furnished by the 

customer. The time limits for complainants shall be calculated 

from the date appearing on the notices or decisions, provided these 

items are mailed on that date. The time limits for tribal 

officials shall be calculated from the postmarks appearing on the 

envelops containing the appeals. 

All claims by patrons shall be limited to a maximum recovery 

of $10,000 per occurrence, and a cumulative limit of $20,000 per 

patron in any twelve (12) month period. 

Section 8. Audits. 

a. Annual Audits. Annual outside audit by an independent 

certified public account or firm of accountants shall be conducted 

of each gaming activity and the results thereof reported to the 

General Council, and, to the extent required by law, the Bureau of 

Indian Affairs and the Natiional Indian Gaming Commission ("NIGC") . 

Section 9. Contracts. 

a. Procurement. The General Council shall adopt procurement 

policies from time to time. All purchases of services or supplies 

shall comply with the tribally adopted procurement policies. 

b. Audit Reauirements. All contracts for supplies, services, 

or concessions for a contract amount in excess of $25,000 annually 

(except contracts for professional legal or accounting services) 

relating to Class I1 or Class I11 gaming on the rancheria shall.be 

subject to independent audits, and such contracts shall so specify. 

c. Preference. Any management and investment gaming 

contracts or other contracts must make provision for the preferential hiring Berry Creek Rancheria members followed by a preference 

for Native people from the Berry Creek and surrounding areas for 

jobs in the construction and operation of any gaming facilities or 

activities. 

Section 10. Licenses. 

a. Licensins Reauirements. It is the declared policy of the 

Tribe that all Gaming Activities be licensed and controlled so as 

to protect the morals, good order and welfare of Tribal Members and 

other persons on the rancheria and to preserve the honesty, 

fairness and integrity of such Gaming Activities. Accordingly, no 

person shall engage in any Class I1 or Class I11 Gaming Activities 

on the rancheria without an appropriate and valid independent Class 

I1 or Class I11 license issued by the Gaming Commission. Any 

gaming license which is issued, or finding of suitability or 

approval by the' Gaming Commission, shall be deerned a privilege 
subject to suspensibn or revocation. No license shall be issued 

that would place thd Tribe in violation of the IGRA and regulations 

promulgated thereunder and, as applicable, provisions of a tribalstate compact, or of any applicable law. 

b. A~~licant Claim of Privilese . An applicant may refuse to 

disclose information based upon a claim of privilege afforded by 

law in connection with a gaming license application or investigation, but a claim of privilege with respect to any testimony or 

evidence pertaining thereto may constitute sufficient grounds for 

denial, suspension or revocation. 

c. Release of Information. All persons applying for a 

license shall agree to release the information necessary in order 

for the Gaming Commission to achieve its goals under this Ordinance, and to furnish such information to the Bureau of Indian 

Af fairs, the NIGC, or such other governmental agency as may be 

required by law. 

d. TvDes of Licenses. Three classes of licenses (Class A, 

Class B, and Class C) shall be issued to persons and entities 

associated with Gaming Activities. 

(1) Class A Licenses. All investors, Primary Management 

Officials, Key Employees, and Closely Associated Independent 

Contractors shall obtain a Class A license. The Gaming 

Commission shall conduct or cause to be conducted a background 

investigation to determine if such person has: 

(a) Any criminal record or any reputation, prior activities, habits or associations 

which might pose a threat to the public interest or to the effective regulation of gaming. 

(b) Anything else in his or her background which might create or enhance the 

dangers of unsuitable, unfair, or illegal 

practices and methods and activities in the 

conduct of gaming. 

(2) Class B Licenses. Persons who are not among those 

identified in subsection (1) above, but are to be employed at 

a gaming facility on the rancheria, shall be required to 

obtain a Class B license from the Gaming Commission. Such 

persons must establish that they have not been convicted of a 

crime, or engaged in any activity, which the Gaming Commission 

in its sole discretion deems would render such person a danger 

to the safety or integrity of the Gaming Activities or the 

safety or property of the Tribe, any Tribal Member, any gaming 

employee or patron, or the public. 
(3) Class C Licenses. Minors (persons under 18 years of 

age) employed at a gaming facility on the rancheria may be 

issued a Class c license, which will entitle them to work in 

any position for which a Class B license is required for 

adults and not otherwise prohibited by law, provided such 

minors are not deemed by the Gaming commission to pose any 

threat to the safety or integrity of the Gaming Activities or 

the safety or property of the Tribe, any Tribal Member, any 

gaming employee or patron, or the public. The Class C license 

shall be valid for no more than six (6) months before renewal, 

and shall be revoked upon the minor's reaching the age of 18, 

at which time a Class A or B license, as may be appropriate, 

will be required. Minors shall not be employed in any 

capacity requiring a Class A license and shall not participate 

in the sale or distribution of alcohol. 

e. License Renewal. Class A and Class B licenses shall be 

subject to renewal at least every two (2) years, and may be revoked 

or suspended upon the occurrence of any act which, if known during 

the application process, would have tended to disqualify such 

person for such a license, or for any material omission or false 

statement in an application. 

f. Tem~orarv Licenses. Pending completion of an investigation for a license, temporary licenses of no more than ninety (90) 

days duration may be issued by the Gaming Commission if in its sole 

discretion it deems it appropriate to do so. Such licenses shall 

permit the licensee to engage in such activities and pursuant to 

such terms and conditions as may be specified by the Gaming 

Commission. Such temporary licenses shall expire ninety (90) days 

from date of issuance, upon issuance of a regular license, or at an 

earlier specified expiration date, whichever occurs first. 

g. License Investiaations. The Gaming Commission may employ 

all reasonable means, to acquire the information necessary to 

determine whether or not a license should be issued. Applicants 

shall also agree to release the information necessary in order for 

the Gaming Commission to achieve its goals under this section and 

to furnish such information to the Bureau of Indian Affairs, the 

NIGC, or such other agency as may be required by law. 

h. License Fees. Unless specifically waived by the Gaming 

Commission, all license applicants shall be required to pay all 

applicable license fees and costs when due, including a reasonable 

deposit for costs incurred in obtaining information in connection 

with the license application. Estimates of licensing costs shall 

be provided to applicants upon reasonable request. Payment for all 

reasonable fees and costs must be received by the Gaming Commission 

prior to issuance of the license. 

i. A~~eals. All decisions of the Gaming Commission 
regarding the issuance or revocation of'licenses shall be effective 

when issued. An applicant or licensee whose license is denied, 

revoked or suspended may, within thirty (30) days af ter the date of 

receipt of a written decision of the Gaming Commission, file a 

petition with the Gaming Commission requesting a hearing to 

reconsider the decision, and shall have the right to appeal such 

decision to the Tribal Court in accordance with such rules and 

regulations as may be promulgated by the Tribal Court for that 

purpose . Any Tribal Member who is denied a license by the Gaming 

Commission may, within sixty (60) days of written notice of such 

denial, appeal the' denial to the Gaming Commission, which shall 

have the power to reverse its prior decision and order that such 

license be issued, and shall have the right to appeal such decision 

to the Tribal Court, provided that no such license shall be issued 

for more than one (1) year, subject to the renewal procedures set 

forth herein, and ~rovided further that no order of the Gaming 

Commission or Tribal Court that a license be issued shall be valid 

if such issuance would place the Tribe in violation of any tribalstate compact to which the Tribe is a party, or of any applicable 

law. 

j. Backqround Investiaations. 

(1) The Gaming Commission shall request from each 

Primary Management Official and each Key Employee all of the 

information specified in subsections (a) through (n) below. 

Further, each other applicant for a Class A license, except as 

provided otherwise by the Gaming Commission, shall also submit 

the information specified in (a) through (n) below. The 

Gaming Commission reserves the right, at any time, to request 

additional information either prior to, during, or subsequent 

to any background investigation. 

(a) Full name, other names used (oral or written) , social security number (s) , date of birth, place of birth, 

citizenship, gender, all languages (spoken or writ - 

ten) ; 

(b) Currently and for at least the previous ten 

(10) years: business and employment positions held, 

ownership interests in those businesses, business and 

residence addresses and drivers license nurnber(s); 

(c) Names and current addresses of at least three 

(3) personal references, including one personal reference 

who was acquainted with the applicant during each period 

of residence as listed under subsection (b) above; 

(dl Current business and residence telephone 

numbers ; 

s . \d; r\ords95\arycrk .gam 

September 1, 1995 
(e) Description of any existing and previous 

business relationships with the gaming industry generally, including ownership interests in those businesses; 

(f) A description of any existing and previous 

business relationships with Indian tribes, including 

ownership interests in those businesses; 

(g) Name and address of any licensing or regulatory 

agency with which the person has ever filed an application for a license or permit related to gaming, whether 

or not such license or permit was granted; 

(h) For each felony for which there is an on-going 

prosecution or a conviction: the charge, the name and 

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

(i) For each misdemeanor conviction or on-going 

misdemeanor prosecution (excluding minor traffic viola: 

tions) within ten (10) years of the date of the application: the name and address of the court involved, and 

the date and disposition, if any, of the case; 

( j ) , For each criminal charge (excluding minor 

traffic charges), whether or not there is or was a 

conviction, I;f such criminal charge is within ten (10) 

years of the date of the application and is not otherwise 

iisted above pursuant to-subsections (h) or (i) above: 

the criminal charge, the name and address of the court 

involved and the date and disposition, if any, of the 

case ; 

(k) -- Name and address of any licensing or regulatory 

agency (federal, tribal, state, local or foreign) with 

which the person has filed an application for an occupational license or permit, whether or not such license or 

permit was granted; 

Current photographs ; 

(m) Any other information the Tribe or Gaming 

Commission deems relevant; and 

(n) Fingerprints consistent withprocedures adopted 

by the Gaming Commission according to 25 C.F.R. § 

522.2(h). 

(2) The Tribe shall conduct or cause to be conducted an 

investigation, through the Gaming Commission, sufficient to 

make a determination of eligibility as required under this 
Ordinance. In conducting the background investigation, the 

Gaming Commission and its agents shall promise to keep 

confidential the identity of each person interviewed in the 

course of the investigation. 

(3) The Gaming Commission shall arrange for a city or 

county law enforcement agency, located in Butte County, 

California, to take the applicant's fingerprints and forward 

those fingerprints directly to the NIGC, to be forwarded to 

the Federal Bureau of Investigation, National Criminal 

Information Center, for review of the applicant's criminal 

history, and perform or arrange to have performed the necessary background investigation of the applicant required by 

this Ordinance. Such investigation shall include contacting 

each reference provided in the application and taking all 

appropriate steps necessary to verify the accuracy of the 

information contained in the application. There shall be a 

written investigation report of the findings and conclusions 

of each investigation. The investigative report shall include 

(1) the steps taken in conducting a background investigation; 

(2) the results obtained; (3) the conclusions reached; and (4) 

the basis for the conclusions. The Gaming Commission shall 

review the findings and conclusions of the report for the 

purpose of determining whether to grant or deny the license 

applied for. 

k. Eliuibilitv Determination. The Gaming Commission shall 

review a person's prior activities, criminal record, if any, and 

reputation, habits and associations to make a finding concerning 

the eligibility of a Key Employee or Primary Management Official 

for employment in a gaming operation. If the Gaming Commission 

determines that employment of the person poses a threat to the 

public interest or to the effective regulation of gaming, or 

creates or enhances dangers of unsuitable, unfair, or illegal 

practices and methods and activities in the conduct of gaming, the 

Gaming Enterprise shall not employ that person in a Key Employee or 

Primary Management Official position or in any other position for 

which a Class A license is required, except as specifically 

established by the Gaming Commission. 

1. Forwardim Licensins Aw~lications and Re~orts to NIGC. 

(1) On or before the date a Key Employee or Primary 

Management Official is employed by a Gaming Enterprise 

authorized under this Ordinance, the Gaming Commission, acting 

on behalf of the Tribe, shall forward to the NIGC the person's 

completed application for employment containing the information required above under Section 10. of this Ordinance. 

(2) Prior to issuing a license to a Primary Management 

Official or Key Employee, the Gaming Commission, acting on 
behalf of the Tribe, shall forward to the NIGC, together with 

a copy of the eligibility determination made under subsection 

10.1. above, an investigative report on each background 

investigation. The investigative report on each background 

investigation shall be forwarded to the NIGC within sixty (60) 

days after the employee begins work, or within sixty (60) days 

of the approval of this Ordinance by the NIGC. The Gaming 
Enterprise shall not employ or continue to employ any person 

as a Key Employee or Primary Management Official who does not 

have a license within ninety (90) days of beginning work. 

The investigative report shall include the following information: 

(a) Steps takeninconductingabackgroundinvestigation; 

(b) Results obtained; 

(c) Conclusions reached; and 

(d) The bases for those conclusions. 

(3) The Gaming Commission, acting on behalf of the 

Tribe, shall provide to the NIGC or other agency, any other 

reports and information required by IGRA and regulations 

promulgated thereunder. Further, with respect to Key Employees and Primary Management Officials, the Gaming Commission 

shall retain applications for employment and reports (if any) 

of background investigations for inspection by the NIGC for no 

less than three (3) years from the date of termination of 

employment. 

(4) If a license is not issued to an applicant, the 

Gaming Commission shall notify the NIGC and may forward copies 

of its eligibility determination and investigative report (if 

any) to the NIGC for inclusion in the Indian Gaming Individuals Records System. 

m. Grantins a Gamins License. 

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

receives a report as required under subsection 10.1. above, 

the NIGC notifies the Tribe that it has no objection to the 

issuance of a license pursuant to the license application 

filed for a Key Employee or Primary Management Official for 

whom the Gaming Commission has provided an application and 

investigative report, the Gaming Commission may issue the 

license. 

(2) The Gaming Commission shall provide any additional 

information requested by the NIGC concerning a Key Employee or 

Primary Management Official who is the subject of a report as 

required under this subsection. An NIGC request for additional information shall suspend the thirty (30) day period 

established under this subsection until the NIGC receives the 

additional information. 
I (3) If, within the thirty (30) day period established 

under this sub,section, the NIGC provides a statement itemizing 

objections to issuance of a license to a Key Employee or 

Primary Management Official, the Gaming Commission shall 

reconsider the application, taking into account such objections. The Gaming Commission retains the right to make the 

final determination whether to issue the license to such 

applicant. 

n. License Susuension. 

(1) If, after issuance of a gaming license, the Tribe 

receives reliable information from the NIGC or other reliable 

source indicating that a Key Employee or a Primary Management 

Official is not eligible for employment under the eligibility 

criteria established in section 10. above, the Gaming Commission shall suspend the license and shall notify the licensee 

in writing of the license suspension and proposed revocation. 

(2) The Gaming Commission shall notify the licensee of 

a time and place for a hearing on the proposed revocation of 

a license. 

(3 ) Af ter the revocation hearing, the Gaming Commission 

shall determine whether to revoke or to reinstate the gaming 

license. For actions taken in response to information 

provided by the NIGC, the Gaming Commission shall notify the 

NIGC of its decision. 

o. Facilities Licenses. A separate license shall be 

required for each place, facility, or location on any land where 

Class I1 and/or Class I11 gaming is to be conducted on the 

rancheria. Before Class I1 or Class I11 Gaming Activities can be 

conducted therein, the Gaming Commission shall inspect and license 

each such facility in accordance with this Ordinance and any 

requirements of IGRA. 

Section 11. A~~lication Forms. 

a. Each application form for a Key Employee or a Primary 

Management Official, as well as for all other Class A license 

applicants, unless otherwise specifically exempted by the Gaming 

Commission, shall contain the notices set forth in subsections (1) 

and (2) below: 

Privacv Ordinance Notice: 

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. S2701 & ~eq. The 

purpose of the requested information is to determine the 
eligibility of individuals to be employed in a gaming operation. The information will be used by National Indian Gaming 

Commission members and staff who have need for the information 

in the performance of their official duties. The information 

may be disclosed to appropriate federal, tribal, state, local, 

or foreign law enforcement and regulatory agencies when 

relevant to civil, criminal or regulatory investigations or 

prosecutions or when pursuant to a requirement by a Tribe or 

the National Indian Gaming Commission in connection with the 

hiring or firing of an employee, the issuance or revocation of 

a gaming license, or investigations of activities while 

associated with a Tribe or a gaming operation. Failure to 

consent to the disclosures indicated in this notice will 

result in a Tribe's being unable to hire you in a Primary 

Management Official or Key Employee position. 

The disclosure of your Social Security Number (SSN) is 

voluntary. However, failure to supply a SSN may result in 

errors in processing your application. 

(2) Notice Resardins False Statements. 

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, 5 1001) 

b. Any existing Key Employee or Primary Management Official, 

or any other Class A licensee unless otherwise specifically 

exempted by the Gaming Commission, that has not completed an 

application form containing the language set forth in Section 

a(1 and (2) above, shall be notified that they must either: 

(1) Complete a new application form that contains the 

Privacy Ordinance Notice and the Notice Regarding False 

Statements; or 

(2) Sign a statement that contains the Privacy Ordinance 

Notice and consent to the routine uses described in that 

notice, and sign a statement that contains the Notice Regarding False Statements. 

Section 12. Class I11 Gamins: Tribal-State Com~acts. 

In addition to the provisions set forth above, no Class 111 

gaming shall be engaged in on the rancheria unless a tribal-state 

compact has first been obtained in accordance with the IGRA. All 

negotiations for such compacts shall be conducted through the 

General Council, with the advice and suggestion of the Gaming 

Commission, and shall be finalized in accordance with tribal law. 

s : \dy r\ords95\0rfcrk. gam 

September 1. 1995 
To the extent any provision of a tribal-state compact is inconsistent with the provisions of this Ordinance, such compact shall 

prevail and shall be deemed incorporated by reference herein. 

Section 13. Interest in Manasement Contracts bv Tribal Officials. 

No elected official of the Tribe, including the Gaming 

Commission or any other committee or agency of the Tribe, shall 

have a financial interest in or management responsibility for, any 

management agreement entered into pursuant to IGRA, nor shall such 

elected official serve on the board of directors or hold (directly 

or indirectly) ten percent (10%) or more of the issued and 

outstanding stock of any corporation, or ten percent (10%) or more 

of the beneficial interest in any partnership, trust, or other 

entity, having a financial interest in, or management responsibility for, such contract. 

Section 14. Service of Process. 

The Tribe designates as its agent for the service of any 

official determination, order, or notice of violation, the 

Chairperson of the Tribe. 

Section 15. Tribal Gamins Coworation. 

Nothing in this Ordinance shall prevent the Tribe, through its 

General Council, from delegating the authority to conduct Gaming to 

one or more tribal corporations, so long as the tribal Gaming 

Enterprises to which such authority is delegated agree to meet all 

criteria and requirements established under this Ordinance. 

Section 16. Re~eal of Prior Gamins Ordinance: Effective Date. 

This Ordinance and the regulations promulgated thereunder 

shall constitute the entire gaming regulations of the Tribe. All 

prior gaming acts and ordinances of the Tribe are repealed, and 

this Ordinance shall become effective upon its approval by the 

NIGC . 

Section 17. Severabilitv. 

If any provision or application of this Ordinance is determined by review to be invalid, such determination shall not be held 

to render such provision inapplicable to other persons or circumstances, nor shall such determination render invalid any other 

provision of this Ordinance. 

Section 18. Amendments. 

All provisions of this Ordinance are subject to revision, 

repeal, or amendment by the General Council at any time. Regulations promulgated by the Gaming Commission under this Ordinance are 

subject to revision, repeal or amendment by the Gaming Commission 

at any time. 
The foregoing Ordinance was adopted at a umed 

meeting of the General Council with a quorum present held on the 

27th day of se~tembkr , 1995, by the following vote: 

AYES: 21 

NOES: 4 

ABSTAIN: 2 

ABSENT : -- 

Tribal Chairperson 

ATTESTED : 

\ 2' 

Tribal Secretary