Mrs. Donna Duckey 

Chairperson 

Big Pine Paiute Tribe 

of the Owens Valley 

P.O. Box 700 

841 So. Main Street 

Big Pine, CA 93513 

Dear Ms. Duckey: 

This letter responds to your request to review and approve 

the tribal gaming ordinance, Gaming Ordinance No. 96-01, adopted 

on February 1, 1996, by the Big Pine Paiute Tribe of the Owens 

Valley. This letter constitutes such approval under the Indian 

Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian 

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

ordinances with respect to the requirements of the IGRA and the 

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

review and approval is limited to the requirements of the IGRA 

and the NIGC regulations. Provisions other than those required 

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

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

such approval does not constitute approval of specific games. It 

is important to note that the gaming ordinance is approved for 

gaming only on 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. 

§ 556.5(b). 

Thank you for submitting the ordinance of the Big Pine 

Paitue Tribe for review and approval. The NIGC staff and I look 

forward to working with you and the Tribe in implementing the 

IGRA. 
BIG PINE PAIUTE TRIBE OF THE OWENS VALLEY 

BIG PINE INDIAN RESERVATION 

TRIBAL GAMING ORDINANCE NO. 96-01 

Approved by Big Pine Tribal Council on: Februarv 1, 1996 

Amendment No. - approved by Tribal Council on: 

Approved by National Indian Gaming Commission: 
SUBJECT: TRIBAL GAMING ORDINANCE 

TABLE OF CONTENTS 

Article I . Title. Findings and Purposes ........... 1 

Section 1 . Title .................. 1 

Section 2 . Findings ................. 1 

Section 3 . Purposes ................. 1 

Article I1 . General Provisions ............... 2 

Section 1 Definitions ............... 2 

Section 2 Gaming Authorized and Regulated ...... 3 

Section 3 Use of Revenues from Class I1 and Class I11 3 

Section 4 GamingFacilities ............. 4 

Section 5 Minors. Employees Prohibited ....... 4 

Article I11 . Administration ................. 5 

Section 1 TribalGamingCommission ......... 5 

Section 2 Licensing ................. 5 

Section 3 License Fees: Application Fees and 

Continuing Yearly Fees .......... 5 

Section 4 License Validity: Effective Period and 

Place .................. 6 

Section 5 License: Qualifications and Requirements . 6 

Section 6 All other Employees ............ 13 

Section 7 License Suspension and Revocation ..... 14 

Article IV . Class 11 Gaming ................. 15 

Section 1 Authorization to Conduct Class 11 Gaming . 15 

Section 2 Management Contracts .......... 15 

Section 3 Hours of Operation; Notice to Committee . . 16 

Article V . Class I11 Gaming ................. 16 

Section 1 Compliance with Applicable Law ...... 16 

Section 2 Authorized Ownership and Operation .... 17 

Section 3 Regulation and Inspection ......... 17 

Section 4 Hours of Operation ........... 17 

Section 5 Games Permitted .............. 17 

Section 6 Management Contracts ........... 17 

Section 7 Resolution of Disputes with Gaming Public . 18 
Article VI . Records and Audits ............... 18 

Section 1 Records Maintenance ........... 18 

Section 2 Independent Audits ............ 18 

Article VII . Enforcement and Validity of Ordinance ...... 19 

Section 1 Enforcement ............... 19 

Section 2 Severability ............... 19 

Section 3 Effective Date of Ordinance ....... 19 

Section 4 Designation of Agency for Service of 

Process ................ 19 

Certification of Enactment .................. 20 
BIG PINE PAIUTE TRIBE OF THE OWENS VALLEY 

ARTICLE I - TITLE, FINDINGS AND PURPOSES 

Section 1. Title: 

This Ordinance shall be known as the Big Pine Paiute Tribe's 

Gaming Ordinance No. 96-01 

Section 2. Findings: 

The Tribal Council of the Big Pine Paiute Tribe finds 

that: 

A. The Tribal Council is empowered by its Constitution, as 

amended, and approved on March 1994 to enact ordinances within 

the jurisdiction of the Big Pine Indian Reservation and 

other trust lands owned by the Tribe that are not adjacent to 

the Reservation. 

B. It is essential to the health, safety and general welfare 

of the Big Pine Paiute Tribe and the visitors to the Big Pine 

Indian Reservation that standards and regulations be 

promulgated to govern the conduct of gaming activities on 

Tribal owned land. 

Section 3. Purposes: 

The purpose of this Gaming Ordinance is to: 

A. Provide standards and regulations governing the conduct of 

gaming activities on Tribal Land of the Big Pine Paiute Tribe; 

B. Promote Tribal Economic Development; 

C. Enhance employment opportunities for tribal members; 

D. Strengthen the Economy of the Big Pine Paiute Tribe, 

Tribal Government and the Community. 

E. Generate revenue for use in improving the health, 

education and general welfare of enrolled members of the 

Tribe, and residents of the Big Pine Indian Reservation. 
Page 2 

ARTICLE I1 - GENERAL PROVISIONS 

Section 1. Definitions 

A. "Act" or "I.G.R.A." means the Indian Gaming Regulatory 

Act, 25. U.S. C. Section 2701 et seq. 

B. "Tribal Council" means the Governing body of the General 

Big Pine Paiute Tribe. 

C. "Class I1 Gaming" means all forms of gaming which are 

defined as "Class I1 Gaming" in the Indian Gaming Regulatory 

Act, P.L. 100-497 (1988), codified at 25 U.S. C. Sections 

2701-2721, and accompanying federal regulations. 

D. "Class I11 Gaming" means all forms of gaming that are 

defined as "Class I11 Gaming in the Indian Gaming Regulatory 

Act, P.L. 100-497 (1988), codified at 25 U.S. C. Sections 

2701-2721, and accompanying federal regulations. 

E. "Compact" means any compact by and between the Tribe and 

the State of California setting forth an agreement for 

operation of Class I11 Gaming on Tribal Land of the Big Pine 

Paiute Tribe. 

F. "Entity" means any organization, including any division, 

department or other unit therein, and includes, but shall not 

be limited to, a public or private corporation, partnership, 

joint venture, voluntary or unincorporated association, 

organization, proprietorship, trust, estate, commission, 

bureau, department of governmental agency except that "entity" 

shall not include the Tribe. 

G. "Indian Land(s)" or Big Pine Paiute Tribal land(s) means 

all lands within the limits of the Big Pine Indian 

Reservation; or any lands title to which is either held in 

trust by the United States for the benefit of this Tribe or 

individual Tribal Member or held by the Tribe or individual 

Tribal member subject to restriction by the United States 

against alienation, and over which the Tribe exercises 

governmental power, or any land(s) that may be added to the 

Reservation or Tribal jurisdictions that will be held in trust 

by the United States of America for the benefit of the Tribe. 

H. "Key Employee" is defined as in 25 C.F.R Section 502.14, 

as may be amended from time to time. 

I. "Net Revenues" means gross gaming revenues of the Tribe's 

gaming operational less (i) amounts paid out as, or paid for, 

prizes, and (ii) total gaming-related operating expenses, 

excluding management fees. 
Page 3 

J. "Ordinances" means the Big Pine Paiute Tribe enacted 

Gaming Ordinance No. 96-01. 

K. "Ordinance No. - " means that certain Ordinance of the 

Tribal Council of the Big Pine Paiute Tribe "Establishing the 

Big Pine Tribal Gaming Commission, as adopted by the Tribal 

Council on 

L. "Person" means any individual, receiver, administrator, 

executor, assignee in bankruptcy, trust, estate, firm, 

partnership, joint venture, club, company, joint stock 

company, business trust, corporation, association society, or 

any group of individuals acting as a unit, whether mutual 

cooperative, fraternal or nonprofit doing business within 

Indian land(s). The Tribe is not within the definition of 

person. 

M. "Primary Management Official" is defined as in 25 C.F.R. 

Section 502.19, as may be amended from time to time. 

N. "Tribal Gaming Facility" or "Gaming Facility" 'means any 

location where Class I1 or Class 111 Gaming is conducted. 

0. "Tribal Gaming Operation" means any Class I1 or Class I11 

gaming operation conducted on Land owned by the Big Pine 

Paiute Tribe. 

P. "Tribe" or "Tribal" means or refers to the Big Pine Paiute 

Tribe, Big Pine Indian Reservation, its agencies and 

officials. 

Q. "Tribal Gaming Commission" means a Commission established 

by the Tribe for the purpose of regulating any gaming 

operation approved by the Tribal Council. The Commission 

shall function as part of the Tribal Government. 

Section 2. Gaming Authorized and Regulated: 

A. Class I1 Gaming and Class I11 Gaming are authorized on 

Indian land(s). Class I1 Gaming and Class I11 Gaming shall be 

regulated by the Gaming Commission and shall only be operated 

consistent with the provisions of this Ordinance No. 96-01, 

the Act and regulations promulgated by the National Indian 

Gaming Commission pursuant to the Act. 

Section 3. Use of Revenues from Class I1 and Class I11 Gaming 

Activities. 
Page 4 

A. Net revenues from Class 11 and Class I11 Gaming activities 

shall be used only to: 

1. Fund Tribal Government operations and programs; 

2. Provide for the general welfare of the Tribe, and 

Tribal Members, including education, health, and 

safety; 

3. Promote Economic Development within the Big Pine Indian 

Reservation, on Tribally owned lands outside or 

adjacent to the Big Pine Indian Reservation, or lands 

located within the original homeland of the Big Pine 

Indian Reservation, including job creation and 

training, infrastructure improvement and resource 

management; 

4. Fund operations of local Tribal Government agencies 

providing services, programs, and/or assistance to 

Tribal residents; and/or 

5. Donate to charitable and/or nonprofit organizations 

including local governments. 

B. The Tribal Council may elect to authorize the distribution 

of per capita payments to Tribal members pursuant to 

guidelines established and adopted by the Tribal Council and 

consistent with the applicable federal law. 

Section 4. Facilities: 

A. To ensure that the environment and the public safety and 

welfare are adequately protected, each gaming facility shall 

be constructed and maintained in compliance with applicable 

Tribal and Federal laws, including but not limited to fire 

codes, safety codes and building codes. 

B. Each gaming facility shall be subject to inspection to 

insure compliance, annually or on such schedule as the Tribal 

Building inspector, or if none, the Tribal Council determines 

necessary and appropriate. 

Section 5. Minors, Employees Prohibited: 

A. No person under the age of 21 years shall be permitted to 

play any Class I1 or Class I11 Game, with the following 

exception: 

Persons 18 years of age shall be permitted to play Bingo, so 

long as the game is played in a separately defined area. 
Page 5 

ARTICLE I11 - ADMINISTRATION 

Section 1. Tribal Gaming Commission: 

A. Establishment and composition. 

The Gaming Commission is established and composed pursuant to 

Ordinance No. y!? -q. 

B. Duties and Powers. 

The Gaming Commission shall continue to have the duties and be 

empowered pursuant to Ordinance No. 96-01. In addition, the 

Gaming Commission shall administer the provisions of this 

Ordinance and shall have all additional powers necessary 

therefor. 

Section 2. Licensing: 

A. Authority to License. 

1. The Gaming Commission shall have the authority to 

license and regulate Class I1 and/or Class I11 Gaming on 

Indian Land(s) which is now, or may hereafter, be permitted 

pursuant to the terms of this Ordinance, Ordinance No. 96- 

01 the Act and/or any applicable Compact. 

B. Types of Licenses to be Issued. 

The Gaming Commission shall issue the following licenses for 

gaming on Indian Land(s) subject to its authority to license 

and regulate: 

1. Primary Management Official License. 

2. Key Employee License 

3. Other Licenses necessary and appropriate. 

Section 3. License Fees: Application Fees and Continuing Yearly 

Fees: 

A. Any person making application for a Tribal gaming license 

pursuant to this Ordinance shall submit his/her 

application, and required forms and information, as set 

forth by the Gaming Commission, pursuant to this 

Ordinance, together with an application fee as prescribed 

by the Gaming Commission. 
Page 6 

B. A license shall, at least sixty (60) days prior to the 

expiration of the license, make application for renewal with 

the Gaming Commission, and shall submit the application and 

required forms and information together with a renewal fee 

prescribed by the Gaming Commission. 

Section 4. License Validity: Effective Period and Place. 

A. Period: Tribal Gaming Licenses shall be valid and 

effective for a period of one year from the date of issue, 

unless same is sooner suspended or revoked for cause after 

notice and hearing, pursuant to this Ordinance. The effective 

date and period shall be stated on the fact of the license. 

B. Place: 

1. A Tribal Gaming License shall be valid for one (1) 

facility or location only, and the location shall be 

identified on the face of the license. 

2. If a person or entity desires to be employed with, or 

operate, more than one gaming location, a separate 

gaming license must be obtained for each separate 

facility or location. 

C. Facility License: A separate tribal gaming license shall 

be issued to each place, facility or location on Indian 

land(s) where gaming is allowed in accordance with this 

Ordinance. 

Section 5. License: Qualifications and Requirements: 

A. General: 

1. An Application to receive a tribal gaming license or to 

be found suitable to receive a tribal gaming license 

shall not be granted unless the Gaming Commission is 

satisfied, after review of a background investigation 

that such applicant is: 

a. A person of good character, honesty and integrity; 

b. A person whose prior activities, criminal record, if 

any, reputation, habits and associations do not pose a 

threat to the public interest of the Tribe, its members 

or to the effective regulations of gaming, or create or 

enhance the dangers of unsuitable, unfair or illegal 

practices and methods and activities in the conduct of 

gaming or the carrying on of the business and financial 

arrangements incidental thereto; and 
Page 7 

c. In all other respects is qualified to be licensed or 

found suitable consistent with this Ordinance. 

d. An application to receive a tribal gaming license or 

to be found suitable constitutes a request for a 

determination of the applicant's general character, 

integrity and ability to participate or engage in, or be 

associated with gaming. Any written or oral statement 

made in the course of an official proceeding of the 

Gaming Commission or the National Indian Gaming 

Commission established pursuant to 25 U.S.C. Section 

2704, by any member thereof or any witness testifying is 

absolutely privileged and does not impose liability for 

defamation or constitute a ground for recovery in any 

civil action. 

b. Primary Management Officials, Key and other Employees 

Requirements: 

1. No person shall be licensed by the Gaming Commission for 

employment by a gaming enterprise operated on Indian 

Land(s) who: 

a. Have been convicted of or who has pled quilty or 

nolo contendere to any felony, gambling offense, or 

other offenses involving moral turpitude (except that 

misdemeanors committed before such person's 18th 

birthday shall not act to bar his/her employment); or 

b. Is under the age of 18, except that, no person shall 

be licensed by the Gaming Commission for employment as 

a Primary Management Official or Key Employee which is 

under the age of 21. 

2. No person shall be employed as a Primary Management 

Official or Key Employee in a Class I1 or Class I11 

gaming activity who: 

a. Has not first applied for and obtained a Tribal 

Gaming License pursuant to this Ordinance. 

b. Is ineligible for fidelity bonding or similar 

insurance covering employee dishonesty. 

3. Upon request of a gaming operation, the Gaming 

Commission may issue a temporary gaming license to a Key 

Employee or Primary Management Official after receipt of 

a completed license application, as prescribed by 

Paragraph C, of this Article, Section 4, unless grounds 

sufficient to disqualify the applicant for licensing are 
Page 8 

apparent on the face of the application. The holder of 

a temporary gaming license shall enjoy the privileges 

and be subject to the conditions or an annual license. 

A temporary license shall expire and become void and of 

no effect upon a final determination of the applicant's 

qualifications to hold an annual license, or ninety (90) 

days after the issuance of the temporary license, 

whichever is sooner. A temporary license shall clearly 

state on its face that the license is temporary. 

4. Every person employed at a gaming facility operated on 

Indian Land(s) shall wear an identification badge which 

conspicuously states the place of employment, the full 

name and photograph of the person and their position of 

employment. 

C. Primary Management Officials and Key Employees: License 

Application, Notices: 

1. The Gaming Commission shall require that Primary 

Management Officials and Key Employees make application 

for aTribal Gaming License on a form specified by the 

Gaming Commission. 

2. The application form shall include the following 

notices: 

a. Privacy Notice: 

(i) In compliance with the Privacy Act of 1974, the 

following information is provided: Solicitation of the 

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 the 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 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 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. 
Page 9 

(ii) The disclosure of your Social Security Number 

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

may result in errors in processing your applications. 

Notice reqardinq False Statements 

(i) 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). 

Acknowledqement of receipt and readinq of Notice. 

All child to the Gaming Commission shall be 

required to sign an acknowledgement of receipt and 

reading of the Privacy Notice and Notice Regarding False 

Statements, which shall be placed on the same page 

immediately following the Notice. 

The Gaming Commission shall notify in writing existing 

Key Employees and Primary Management Officials subject to 

tribal licensure that they shall either: 

1. Complete a new application form that contains a 

Privacy Act notice and a Notice Regarding False 

Statement; or 

2. Sign a statement that contains the Privacy Act 

notice and consent to the routine uses described in 

that notice and a statement that contains the Notice 

Regarding False Statements. 

The tribal gaming license application shall at minimum 

require the following information: 

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

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

citizenship, gender, all languages (spoken or written): 

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 number(s); 

The names and current addresses of at least three 

personal reference who was acquainted with the applicant 

during each period of residence listed under paragraph 

(a) (2) of this section; 
Page 10 

Current business and residence telephone numbers: 

A description of any existing and previous business 

relationships with Indian tribes, including ownership 

interests in those businesses; 

A description of any existing and previous business 

relationships with gaming industry generally, including 

ownership interest in those businesses; 

The name and address of any licensing or regulatory 

agency with which the person has gild an application for 

a license or permit related to gaming, whether or not 

such license or permit was granted; 

For each felony for which there is an ongoing prosecution 

or a conviction, the charge, the name and addressee of 

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

For each misdemeanor conviction or ongoing misdemeanor 

(except minor traffic violations) within 10 years of the 

date of the application, the name address of the court 

involved, and the date and disposition; 

For each criminal charge (excludinq minor traffic 

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

criminal charge is within 10 years of the date of the 

application and is not otherwise listed pursuant to 

paragraph (a) (8) or (a) (9) of this section, the 

criminal charge, the name and address of the court 

involved, and the date and disposition; 

The name and address of any licensing or regulatory 

agency with which the person has filed an application for 

a occupational license or permit, whether or not such 

license or permit was granted: 

A Photograph; 

Fingerprints consistent with procedures adopted by the 

Gaming Commission consistent with 25 C.F.R section 

522.2 (h) . Fingerprints shall be taken by the Sherriff of 

Inyo County, California, pursuant to intergovernmental, 

agreement with the Tribe, and shall be sent directly to 

the National Indian Gaming Commission by the law 

enforcement agency taking the fingerprints; and 

Any other information the Gaming Commission deems 

relevant, 
Page 11 

D. Primarv Manasement Officials and Kev Employees; Backuround 

Investisation Report. 

1. The Gaining Commission shall conduct, or cause to be 

conducted by, either through the Federal Bureau of 

Investigation (FBI) or the National Indian Gaming 

Commission, an investigation for each Primary Management 

Official and key Employee. The investigation shall 

include, requirements at least as those included in 25 

CFR Parts 556 and 558 pursuant to 25 CFR, 522.4 (6x5) and 

at a minimum: 

a. Verification of all information on the application; 

b. Interviews of current and prior employers and 

immediate supervisors for the proceeding five (5) 

years; 

c. Interviews of all personal references; 

d. Obtaining a criminal history record; and 

e. An interview with the applicant. 

2. The investigator shall be required to make written report 

to the Gaming Commission of the investigation, including 

there in the steps taken in conducting the investigation, 

the names, addresses and relationship to the applicant of 

all persons interviewed, the information obtained from 

the persons interviewed regarding the applicant's 

reputation, habits and associations and the apparent 

candidness (or lack thereof) of the persons, and any 

other information garnered or learned about the applicant 

and the source of the information, and shall particularly 

identify all potential problem areas and sources of the 

information. 

The Gaming Commission shall review the report and any 

additional infonnation known to it and make a 

determination of whether the applicant is eligible, meets 

the requirements for employment and is suitable of poses 

a threat to the public interest or to the effective 

regulation of gaming or creates or enhances the dangers 

of suitable, unfair or illegal practices and methods and 

activities in the conduct of gaming, particularly 

identifying all potential problem areas and disqualifying 

infonnation. 
Page 12 

4. The Gaming Commission shall create a report, that at 

minimum identifies and describes the steps taken in 

conducting the investigation, the results obtain, the 

conclusions reached and the basis for these conclusion. 

Said report shall be filed with the NIGC Pursuant to 25 

CFR Section 558.3 (b) within 60 days after an employee 

begins work or within 60 days of the approval of this 

Ordinance by the Chairman of the National Indian Gaming 

Commission. 

5. The Gaming Commission shall not issue a license to any 

applicant who is not eligible and/or does not meet the 

requirements for the employment as a Primary Management 

Official or Key Employee. 

6. Following its determination and prior to issuance of a 

license to an applicant determined to meet the 

requirements, the Gaming Commission shall forward to the 

National Indian Gaming Commission, Pursuant to the 

National Indian Gaming Commission, pursuant to 25 CFR 

Section 588.3 (b), no later than sixty (60) days after 

a Primary Management official or key Employee begins work 

or sixty (60) days after National Indian Gaming 

Commission of its decision not to license an applicant. 

7. With respect to key employee and primary management 

officials, the Tribe shall retain applications for 

employment and reports if any of background 

investigation for inspection by the Chairman of the 

National Indian Gaming Commission or his designee, for 

not less than(3) years from the date of termination of 

employment. 

8. The gaming operation shall not employ as a key employee 

or primary management official a person who does not have 

a license after 90 days. 

9. If the National Indian Gaming Commission (NIGC) has 

received an investigation report concerning an individual 

who another tribe wishes to employ as a key employee or 

primary management official and if the second tribe has 

access to the investigative materials held by the first 

tribe, the second tribe may update the investigation and 

update the investigative report provided to the NIGC 

Pursuant to C.F.R. 25, Section 556.5 (c). 
Page 13 

E. Grantina a Gamina License: 

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

Indian Gaming Commission receives a report, the National 

Indian Gaming Commission notifies the tribe 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 report to the National 

Indian Gaming Commission, the Tribe may issue a license. 

The Tribe shall respond to a request for additional 

information from the Chairman of the National Indian 

Gaming Commission concerning a key employee or a primary 

management official who is the subject of a report. Such 

a request shall suspend the 30-day period under paragraph 

E (I) of this section until the Chairman of the National 

Indian Gaming Commission receives the additional 

information. 

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

the National Indian Gaming Commission provides the tribe 

with a statement itemizing objections to the issuance of 

a license to a key employee or to a primary management 

official for whom the Tribe has provided an application 

and investigative report to the National Indian Gaming 

Commission, the Tribe shall consider the application, 

taking into account the objectives itemized by the 

National Indian Gaming Commission. The Tribe shall make 

the final decision whether to issue a license to such 

applicant. 

Section 6. All other emplovees: 

A. The Tribal Gaming Commission shall follow the Big 

Pine Paiute Tribe's Personnel Policies Manual 

approved by the Tribal Council on February 24, 1994. 

B. The Tribal Gaming Commission can recommend any 

changes to the Tribal Council that the Commission 

may need to staff the Tribal Gaming Operation to 

ensure that management of gaming personnel will be 

conforming to tribal policies. 

C. The Tribal Gaming Commission will authorize 

background checks on all other employees as the 

commission determines necessary pursuant to the 

position description, by following the provisions 

outlined in Article 11, Section 5(D) of this 

Ordinance. 
Page 14 

Section 7. Suspension and Revocation. 

A. 1. A license issued by the Gaming Commission shall be 

suspended, without prior notice, if the National 

Indian Gaming Commission notifies the Tribe that a 

Primary Management Official or Key Employee does not 

meet the standards established and set forth herein 

pursuant to the Act the federal regulation. After 

notice and hearing the Gaming Commission may revoke 

such license. 

B. Suspension and Revocation Notice and Hearinu: 

1. The Gaming Commission shall promptly notify in 

writing any tribal licensee whose license has been 

suspended and may be revoked and shall include in 

said notice as required by 25 CFR 558.5: 

a. The effective date of the suspension and 

proposed revocation; 

b. The reason(s) for the suspension and proposed 

revocation; 

c. The right of the licensee to appear before the 

Gaming Commission, at a specified date, time 

and place, to challenge the suspension and 

proposed revocation. 

2. A copy of the revocation or reinstatement decision 

shall be promptly sent to the licensee and to the 

National Indian Gaming Commission. 

C. Revocation Hearinu: 

1. A tribal licensee may appeal the revocation of 

his/her license to the Tribal Council written notice 

of appeal of the revocation to the Tribal Council 

and the Gaming Commission no later than 10 days 

after the licensee receives notice that his/her 

license has been revoked. The notice of appeal shall 

clearly state the reason(s) why the licensee 

believes his/her license should not be revoked. 

2. Upon receipt of the notice of appeal of the license 

revocation, the Tribal Council shall schedule a 

revocation appeal hearing. Written notice of the 

time, date and place of the hearing shall be 

delivered to the licensee no later than five (5) 

days before the scheduled date of the hearing. 
Page 15 

3. The licensee and the Gaming Committee may be 

represented by legal counsel at the revocation 

appeal hearing. The licensee and the Gaming 

Committee may present witnesses and evidence in 

support of their respective positions and may 

examine witnesses and evidence presented by the 

opposing side. 

4. A copy of the Tribal Council's decision regarding 

the revocation of a license shall be sent to the 

licensee, Gaming Committee and National Indian 

Gaming Commission. 

D. Application for Relicensinq: 

1. No person or entity who class I1 or Class 111 tribal 

gaming license has been revoked shall be eligible 

for a new license until 12 months after the 

effective date of the revocation. 

ARTICLE IV - CLASS I1 GAMING 

Section 1. Authorization to Conduct Class I1 Gamins: 

A. All Class 11 gaming conducted on Indian Land(s) shall be 

conducted in compliance with applicable law, rules and 

regulations of any governmental authority with 

jurisdiction. 

B. The Tribe shall retain and have sole proprietary interest 

in and responsibility for the conduct of all Class I1 

gaming. 

C. Income to the Tribe from the gaming activity shall only 

be used for the purposes described in Article 11, Section 

3 of this Ordinance. 

Section 2. Manaqement Contracts: 

A. The Tribe may enter into a management contract for 

the operation and management of Class I1 gaming 

activities. Each such contract must comply with the 

provisions of this Ordinance, other applicable 

provisions of Tribal Law (including, but not limited 

to, tribal labor relations preference laws), and 

provisions of federal law (including, but not 

limited to, 25 U.S.C. Section 2711). 
Page 16 

Section 3. Hours of operation, Notice committee: 

A. Class I1 gaming may be conducted 24 hours a day, 

seven (7) days a week, subject to approval by the 

Gaming Commission. 

B. Prior to operation of Class 11 gaming or any change 

in hours of operation, the operation, the operator 

shall : 

1. Notify the Gaming Commission of the proposed 

hours and days its facility will be open, and 

the hours and days gaming will be conducted. 

2. The proposed schedule shall be approved unless 

the Gaming Commission notifies the owner or 

operator of its of its objection within 15 days 

of its receipt of the proposed schedule. 

3. If the Gaming Commission makes objection, it 

shall state its reasons and the changes 

necessary, and the proposer may submit a 

revised proposal accommodating the Gaming 

Committee's objections, or may request a 

opportunity to rebut the objections. 

i. Submission of a revised schedule, 

incorporating and accommodating the 

objections, shall be deemed approved upon 

its submission. 

ii. If an opportunity to rebut is requested, 

a conference shall be set within fifteen 

(15) days. The Gaming Commission shall 

issue its decision, which shall be final 

and not subject to further appeal, within 

fifteen (15) days of the conference. 

ARTICLE V - CLASS I11 GAMING 

Section 1. Compliance with Applicable Law: 

A. All Class I11 gaming conducted on Indian Land(s) shall be 

conducted in compliance with applicable laws, rules and 

regulations of any governmental authority with 

jurisdiction, and with any applicable compact. 
Page 17 

Section 2. Authorized Ownership and Operation 

A. The Tribe may own and operate one or more Class I11 gaming 

facilities on Indian Land(s) and shall retain and have sole 

proprietary interest in and responsibility for the conduct of 

Class I11 gaming operations. 

Section 3. Resulations and Inspection: 

A. The Gaming Commission shall adopt all necessary and 

appropriate rules and regulations for Class I11 gaming, 

which may include but not be limited to: 

1. Game rules and conduct; 

2. Public display of rules requirements; 

3. Facility patron safety and security requirements; 

4. Permitted Games Specifications and Requirements; and 

5. Background investigations, application and release 

f oms. 

B. Class 111 facilities shall be open at all usual business 

hours for inspection by the Gaming Committee. 

Section 4. Hours of Operation: 

A. Class I11 gaming may be conducted 24 hours a day, seven 

days a week, subject to approval by the Gaming 

Commission. 

B. The gaming operation shall submit, and the Gaming 

Commission may approve, proposed hours of operation 

unless the proposed hours pose a risk to the health, 

welfare or safety of the public. 

Section 5. Games Permitted: 

A. Any Class I11 game or games permitted pursuant to the 

compact may be conducted at a Class I11 gaming facility, 

subject to applicable laws, rules, and regulations. 

B. Any Class I11 game which is here before or hereafter 

permitted on Indian Lands under federal law or amendments 

to applicable laws, rules or regulations, 

Section 6. Manasement Contracts: 

A. The Tribal Council may enter into a management contract 

on behalf of the Tribe for the operation and management 

of Class I11 gaming activities. Each such contract must 

comply with the provisions of this Ordinance, applicable 

tribal law (including, but not limited to, tribal 
Page 18 

employment preference laws), and applicable federal law 

(including, but not limited to 25 U.S.C. Section 2711). 

Section 7. Resolution of Disputes with Gaminu Public: 

A. Disputes between the gaming public and a gaming 

operation, which involve Class I1 and/or Class 111 

gaming, shall be resolved by the Gaming Committee. 

Hearing shall be held within twenty (20) days of a 

written complaint filed by a member of the gaming public. 

The Gaming committee shall adopt and publish guidelines 

and procedures for such hearings. A final commission 

decision may be appealed to the Tribal Council. 

ARTICLE VI - RECORDS AND AUDITS 

Section 1. Records Maintenance: 

A. Each gaming facility shall maintain accurate and up-todate records for each gaming activity conducted. Records 

shall include records of the following: 

1. All financial transactions; 

2. personnel; 

3. complaints of patrons; 

4. facility in-house investigations of any kind; 

5. incidents and accidents; 

6. actions by facility against players or facility 

visitors; 

7. actions by facility against or in reprimand of 

employees; and 

8. Any additional records required by the Gaming 

Committee. 

Section 2. Independent Audits: 

A. 1. Gaminq Activities: 

The Tribal Council shall cause an audit to be conducted 

each year on all Class I1 and Class I11 gaming activities 

licensed or conducted on Indian land(s). Such audit(s) 

shall be conducted by an independent auditing firm, 

selected at the sole discretion of the Tribal Council. 

However, nothing in this paragraph shall prohibit the 

annual audit of the tribal gaming activities from being 

encompassed within the Tribe's existing audit system. 

B. 1. Contracts for Supplies, Services or Concessions: 

Each contract for supplies, services, or concessions with 

a contract amount in excess of $25,000.00 annually 

(except, contracts for professional legal or accounting 
Page 19 

services) relating to a Class I1 and/or Class I11 gaming 

activity shall be subject to the independent audit 

required by subparagraph (A), above. 

C. 1. Audit Rewort to be Provided to National Gaminq 

committee. 

The Tribal Council shall furnish a copy of each annual 

gaming activities audit report to the National Indian 

Gaming committee, as required by 25 U.S.C., Section 

2710(b) (2) (C). 

ARTICLE VII - ENFORCEMENT AND VALIDITY OF ORDINANCE 

Section 1. Enforcement : 

A. If any person or entity fails or refuses to pay a 

monetary penalty or administrative fine imposed by the 

Gaming Committee or otherwise fails to comply with final 

action of the Gaming Committee, and such person has 

failed to timely commence an appeal of the imposition or 

action before the Tribal Council or the Tribal Council 

has upheld the imposition or action, the Tribe any 

proceed to collect the assessment or enforce the action 

by initiating a civil action against the person or entity 

by filing with the Tribal Council. In a civil action, the 

validity and amount of any monetary penalty or administrative fine imposed by the Gaming Committee shall not 

be sub-ject to judicial review. The Tribe shall be entitled to all remedies in law or in equity that are available to civil litigant generally. The provisions of this 

Article VII, Section 1, shall in no way limit the remedies at law or in equity otherwise available to the Tribe. 

Section 2. Severabilitv : 

A. If any provision or provisions int his Ordinance are held 

invalid by a Court of Competent jurisdiction, this 

Ordinance shall continue to be in effect as if the 

invalid provision(s) were not a part thereof. 

Section 3. Effective Date of this Ordinance: 

A. This Ordinance shall take effect upon enactment by the 

Tribal Council and approval by the Chairman of the 

National Indian Gaming Commission. 

Section 4. Desianation of Aaent for Service of process. 

A. Pursuant to 25 C.F.R Section 522.2(9) the Tribe 

designates its Tribal Chairperson as its agent for 

service or process. 
Page 20 

CERTIFICATION 

We, the undersigned Tribal Council officials of the Big Pine Paiute 

Tribal Council, Big Pine Indian Reservation, at a special called 

Tribal Council meeting, held on Februarv 1, 1996 in which a 

quorum was present, enacted this Ordinance No. 96-01 by a vote of 

4 - FOR, 0 - Against, 0 - Abstains, and this Ordinance has not 

been rescinded or amended in any manner. The Tribal Chairperson 

only votes in case of a tie, pursuant to the Tribal Constitution, 

but his/her present is part of the quorum. 

ATTEST :