Ms. Margie Mejia, Chairperson 

Lytton Rancheria 

1300 N. Dutton Ave., Suite A 

Santa Rosa, CA 95401 

Re: Request for Approval of Amendment to the Lytton Rancheria Gaming Ordinance 

Dear Chairwoman Mejia: 

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

to review and approve the amended Lytton Rancheria Gaming Ordinance, enacted by the 

Lytton Rancheria Tribal Council by Resolution No. 013008-2 on January 30,2008, and 

received by the NIGC on March 20,2008. 

This letter constitutes approval of the amended Ordinance under the Indian Gaming 

Regulatory Act (IGRA). It is important to note, however, that approval is granted for 

gaming only on Indian lands, as defined in IGRA, over which the Nation has jurisdiction. 

the amended Tribal Gaming Ordinance for our review and 

and I look forward to working with you and the Lytton 

issues. If you have any questions or require assistance, 

or John Hay in the Office of the General Counsel, at 

Chairman 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202,632,7066 www.~~cc.cov 

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

P 

Band of Pomo Indians 

1300 N. Dutton Ave. Suite A Santa Rosa, California 95401 

(707) 575-591 7 Fax (707) 575-6974 

RESOLUTION OF THE TRIBAL COUNCIL &j$ OF 

LYTTON RANCHERIA OF CALIFCIRNIA 20 .. 

cviS 

I, Adoption andlor Amendment of Tribal Gaming Ordinance/Regulation 

RESOLUTION NO. 013008 - 2: 

EREAS, The Lytton Rancheria of California, aka Lytton Band of P'omo Indians (Tribe) is a t federally recognized ,4merican Indian Tribe recognized by the United States 

Secretary of the Interior as having jurisdiction over Indian Lands in California 

which are eligible for gaming under the Indian Gaming Regulatory Act, 

25 U.S.C. 2700 et. seq. (IGRA); and 

EREAS, The Tribal Council is the governing body of the Tribe anti is empowered to enact 

Ordinances under Articles X and XI11 of the Tribe's Consititution; and 

REAS, The Tribal Council duly adopted a Tribal Gaming Code, enacted July 8, 1999, 

which addresses its laws relating to gaming and now wishes to better organize 

and standardize the format of said laws; and 

EREAS, The Tribal Council duly adopted the Tribal Gaming Code and now wishes to repeal 

that code and replace it with a recently adopted Gaming Ordinance, Regulations 

Establishing the Tribal Gaming Commission, and Licensiing and Background 

Investigation Regulations. 

THEREFORE BE IT RESOLVED: That the Tribe, acting through its Tribal Council, hereby 

the Lytton Band of Pomo Indians Tribal Gaming Code, enacted July 8, 1999 and replaces it 

the Lytton Rancheria of California aka Lytton Band of Pomo Indians Amended Tribal Class I1 and 

ss I11 Gaming Ordinance, Regulations Gaming Commission, and Licensing 

Background Investigation Regul;~tions, enacted 

CERTIFICATION 

anuary 30 ,2008, theTribal Council of the Lytton Rancheria of California aka Lytton Band of 

o Indians, at a duly called meeting at which a quorum was present, did pass this Resolution by a 

of 6 ayes; (9 nays; 0 abstentions. 

\ 

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\- -- - 'kpo, Tribal &$r~& 

t 74 5 

, duti ti 9 
ORDINANCE NO. 

LYTTON RANCHERIA OF CALIFORNIA 

aka 

LYTTON BAND OF POMO INDIANS 

AMENDED TRIBAL CLASS I1 AND CLASS I11 GAMING ORDINANCE 

I. Purpose 

The Tribal Council of the Lytton Rancheria of California aka the Lytton Band of Pomo 

Indians (hereinafter "Tribe"), empowered by Article X and Article XI11 of the Tribe's 

Constitution to enact ordinances, hereby amends its Tribal Gaming Code, dated July 6, 1999, in 

order to set the terms for Class I1 and 111 gaming activities on tribal lands as well. 

11. Gaming Authorized 

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

100-447, 25 U.S.C. Section :2703(7)(A) ("IGRA") are hereby authorized, including but not 

limited to bingo, pulltabs, and :non-banking card games. 

B. All forms of Class 111 gaming as defined in the Indian Gaming Regulatory Act, P.L. 

100-447, 25 U.S.C. Section 2703(8) ("IGRA) and authorized by a Compact between the Tribe 

and the State of California are hereby authorized. 

111. Definitions 

"Compact" means a Tribal-State Gaming Compact between the Tribe and the State of 

California authorizing Class I11 gaming activities, as required by IGRA, 25 U.S.C. $ 

2710(d)(l)(C) and amended from time to time. 

"NIGC" means the National Indian Gaming Commission. 

"Tribal Council" means the seven (7) member committe:e composed of elected tribal 

officials authorized to represent the Tribe pursuant to the Tribe's Constitution. 

"Tribal Gaming Commission" means the Lytton Gaming Clommission established by the 

Tribe to serve as the Tribe's gaming regulatory body. 

IV. Ownership of Gaming 

The Tribe shall maintain the sole propriety interest in and responsibility for the conduct 

of all Class I1 and Class 111 gaming activities authorized by this ordinance. 
V. Use of Gaming Revenue 

A. Net revenues from the Tribe's share of Class I1 and Class I11 gaming activities 

authorized herein shall be used only for the following purpos'es: to fund tribal government 

operations and programs; provide for general welfare of the Tribe and its members; promote 

tribal economic development; donate to charitable organizations; or help fund operations of local 

government agencies. 

B. If the Tribe elects to make per capita paymenls to tribal members, it shall 

authorize such payments only pursuant to its Plan for the Allocation of Gaming Revenue, 

approved by the Secretary of the Interior under $2710(b)(3) of IGRA. 

VI. Audit & Agreed Upon Procedures 

A. Class I1 Gaming 

1. The Tribal Gaming Commission shall cause to be conducted annually an 

independent audit of gaming operations and shall submit the resulting audit reports to the 

NIGC. 

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

services, or concessions in excess of twenty five thousand ($25,000) annually, except for 

contracts for professional legal and accounting services, shall be included within the 

scope of the audit that is described in paragraph A above. 

3. The Tribal Gaming Commission shall ensure an independent certified 

public accountant shall be engaged annually to perform Agreed Upon Procedures in the 

manner provided for in 25 CFR Part 542.3(f) to verify compliance with the minimum 

internal controls standards ("MICS") adopted by the Tribe that provide a level of control 

that equals or exceeds those federal MICS set forth at 25 C.F.R. Part 542 applicable to 

the Gaming Operation and contain standards for currency transaction reporting that 

comply with 3 1 CFR Part 103. 

B. Class 111 Gaming 

Audits shall be conducted as required by a Compact. 

VII. Environmental Protection 

The construction, maintenance and operation of Class I1 and Class 111 gaming facilities 

and Class I1 and Class I11 gam.es shall be conducted in a manner which adequately protects the 

environment and the public health and safety. 

Lytton Gaming Ordinance 

Enacted: ~anuar~a, 2008
VIII. Licenses for Key Employees and Primary Management Officials 

The Tribal Gaming Commission shall ensure that the policies and procedures set out in 

this section are implemented with respect to key employees and primary management officials 

employed at any Class I1 andlor Class I11 gaming enterprise operated on tribal lands: 

A. Definitions 

For the purposes of this section, the following definitions apply: 

I. Key employee. 

(a) 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 gambling devices including persons with 

access to cash and accounting records within such devices; 

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

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

(c) If not otherwise included, the four most highly compensated 

persons in the gaming operation. 

(d) If not otherwise included, any person or entity designated by the 

Tribe or a Compact as an individual who must be li~censed. 

2. Primary Management Official. 

(a) The person having management responsibility for a management 

contract; 

(b) Any person who has authority: 

(I) To hire and fire employees; oar 

(2) To set up working policy for the gaming operation; or 

Lytton Gaming Ordinance 

Enacted: ~anuar~x, 2008
(c) The chief financial officer or other person who has financial 

management responsibility. 

B. Application Form 

1. The following notice shall be placed on the application form for a key 

employee or a primary management official before that form is filled out by an applicant: 

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, 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. The following notice shall be placed on the application form for a key 

employee or a primary management official before that form is filled out by an applicant: 

A false statement on any part of your application rnay 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.) 

C. Background Investigations: 

1. The Tribal Gaming Commission shall ensure that all of the following 

information is requested from each primary management official and from each key 

employee: 

Lytton Gaming Ordinance 

Enacted: ~anuar~B, 2008 
(a) Full name, other names used (oral or written), social security 

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

written); 

(b) Currently and for the previous five (5) years: business and 

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

residence addresses, and drivers' license numbers; 

(c) The names and current addresses of at least three personal 

references, including one personal reference who was acquainted with the 

applicant during each period of residence listed under paragraph 2(b) of this 

section; 

(d) Current business and residence telephone numbers; 

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

with Indian tribes, including ownership interests in those businesses; 

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

with the gaming industry generally, including ownership interests in those 

businesses; 

(g) 'The name and address of any licensing or regulatory agency with 

which the person has 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 ongoing prosecution or a 

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

and disposition, if any; 

(i) For each misdemeanor convictio:n or ongoing misdemeanor 

prosecution (excluding minor traffic violations) within ten (10) years of the date 

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

disposition; 

(j) For each criminal charge (exclutling minor traffic charges), 

whether or not there is a conviction, if such criminnl charge is within 10 years of 

the date of the application and is not otherwise listed pursuant to paragraphs 2(h) 

and 2(i) of this section, the criminal charge, the name and address of the court 

involved and the date and disposition; 

(k) The name and address of any licensing or regulatory agency with 

which the person has filed an application for an o~ccupational license or permit, 

whether or not such license or permit was granted; 
(1) A current photograph; 

(m) Fingerprints consistent with procedures adopted by a tribe 

according to 25 C.F.R. 3 522.2(h); and 

(n) .Any other information the Tribal Gaming Commission deems 

relevant. 

2. The Tribal Gaming Commission shall contluct, or cause to be conducted, 

an investigation sufficient to make a determination under jparagraph D of this section. In 

conducting a background investigation, the Tribal Gaming Commission, or its designee, 

shall promise to keep confidential the identity of each person interviewed in the course of 

the investigation. 

D. Eligibility Determination 

1. The Tribal 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 a prirnary management official for 

employment in a gaming operation. If the Tribal 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, such person is not suitable 

for a tribal gaming license, and the tribal gaming operation shall not employ that person 

in a key employee or primary management official position. 

2. Without limiting the foregoing, a person who h.as supplied materially false or 

misleading information with respect to the required information for that person's 

background investigation under paragraph C of this sectiion is not suitable for a tribal 

gaming license pursuant to paragraph 1 above. 

3. The Tribe's gaming operation shall not employ in a key employee position 

associated with Class 111 gaming activity any applicant wlio fails to meet any necessary 

suitability requirements under a Compact. 

E. Procedures for Forwarding Applications and Reports for Key Employees and 

Primary Management Officials to the NIGC 

1. Unless otherwise provided for by the NIGC, when a key employee or 

primary management official begins work, the Tribal Gaming Commission shall forward 

to the NIGC a completed application and conduct the background investigation and make 

the determination referred to in the foregoing paragraphs of'this section. 

Lytton Gaming Ordinance 

Enacted: ~anuar~m, 2008 
2. Upon completion, the Tribal Gaming Comrnission shall forward the report 

referred to in paragraph F of this section to the NIGC within sixty (60) days after an 

employee begins work.. 

3. The gaming operation shall not employ a key employee or primary 

management official who does not have a license after ninety (90) days. 

F. Report to NIGC 

1. Pursuant to the procedures set out in paragraph E of this section, the Tribal 

Gaming Commission shall prepare and forward to the NlGC an investigative report on 

each background investigation. An investigative report shall include all of the following: 

(a) Steps taken in conducting a background investigation; 

(b) Results obtained; 

(c) Conclusions reached; 

(d) The bases for those conclusions; and 

(e) A copy of the eligibility determination made under paragraph D of 

this section. 

2. If a license is not issued to an applicant the Tribal Gaming 

Commission shall: 

(a) Notify the NIGC; and 

(b) Forward copies of its eligibility de:termination and investigative 

report (if any) to the NIGC for inclusion in the Indian Gaming Individuals 

Records System. 

3. With respect to key employees and primary management officials, the 

Tribal Gaming Commission shall retain applications and reports (if any) of background 

investigations for inspection by the Chairman of the NIGC: or his or her designee for no 

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

G. Granting a Gaming License 

1. If, within a thirty (30) day period after the: NIGC receives a report, the 

NIGC notifies the Tribal Gaming Commission that it has no objection to the issuance of a 

license pursuant to a license application filed by a key employee or a primary 

management official for whom the Tribe has provided an application and investigative 

Lytton Gaming Ordinance 

Enacted: ~anuar~ 30,2008 

ORIGINAL 
report to the NIGC, the Tribal Gaming Commission may go forward and issue a license 

to such applicant. 

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

information from the Chairman of the NIGC concerning a key employee or a primary 

management official who is the subject of a report. Suich a request shall suspend the 

thirty (30) day period .under paragraph G.l of this section until the Chairman of the NIGC 

receives the additional information. 

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

the Tribal Gaming Commission with a statement itemizing objections to the issuance of a 

license to a key employee or to a primary management official for whom the Tribal 

Gaming Commission has provided an application and investigative report to the NIGC, 

the Tribal Gaming Commission shall reconsider the application, taking into account the 

objections itemized by the NIGC. 

4. The Tribal Gaming Commission shall ensure compliance with any other 

procedures regarding licensure which may be required under a Compact. 

H. License Suspension 

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

receives from the NIGC reliable information indicating that a key employee or a primary 

management official is not eligible for employment under paragraph D above, the Tribal 

Gaming Commission shall suspend such license and shall notify in writing the licensee of 

the suspension and the proposed revocation. The Tribal Gaming Commission shall make 

the final decision whether to issue a license to such applicant. 

2. The Tribal Gaming Commission shall notify the licensee of a time and a 

place for a hearing on the proposed revocation of a license. 

3. After a revocation hearing, the Tribal Gaming Commission shall decide to 

revoke or to reinstate a gaming license. The Tribal Gaming Commission decision shall 

be final. The Tribal Gaming Commission shall notify the NIGC of its decision. 

IX. License Locations 

The Tribal Gaming Commission shall issue a separate license to each place, facility, or 

location on Indian lands where Class I1 and Class I11 gaming is conducted under this ordinance. 

X. Customer Dispute Resolution Procedure 

The general manager of the tribal gaming operation shall attempt to resolve on an 

informal basis any customer complaints relating to the play or operation of a game. If the 

complaint cannot be resolved at the general manager level, the customer shall be informed that 

Lytton Gaming Or lnance 

Enacted: January $ 3. 2008 
helshe has the right to submit his or her complaint to the Tribal Gaming Commission whose 

decision will be final. 

XI. IGRA & MICS Compliance 

The Tribe andlor the Tribal Gaming Commission shall ensure enforcement of rules and 

regulations for all games played to ensure that they conform to the IGRA, including any effective 

Compact, and that the games are honest and fair. 

The Tribal Gaming Commission shall monitor compliance of the Gaming Operation with 

the minimum internal controls standards adopted by the Tribe thal provide a level of control that 

equals or exceeds those set forth at 25 C.F.R. Part 542 applicable to the Gaming Operation and 

contain standards for currency transaction reporting that comply with 3 1 CFR Part 103. 

XII. Amendments 

The Tribal Council may amend this Ordinance in any n~anner deemed appropriate to 

protect the Tribe's best interests so long as any such amendment complies with all applicable 

federal law and is consistent with the terms of any effective Compact. 

XIII. Repeal 

The Lytton Band of Pomo Indians' Tribal Gaming Code: dated July 8, 1999, and any 

other prior gaming ordinances are hereby repealed. Any references to the Tribal Gaming Code 

shall be deemed a reference to this Ordinance. 

CERTIFICATION 

On January a 2008, the Tribal Council of the Lytton Rancheria of California aka Lytton Band 

of Pomo Indians, at a duly c led meeting at which a quorum was present, did pass this 

Ordinance by a vote of ? ayes; 0 nays; abstentions. 

Lytton Gaming Ordinance 

Enacted: January = 2008