OMMISSION 

0C-T p 7 @g4 

Sue M. Shaffer, chairperson 

Cow Creek Band of Umpqua Tribe of Indians 

2400 Stewart Parkway, Suite 300 

Roseburg, Oregon 97470 

Dear Chairperson Shaffer: 

This letter responds to your request to review and approve 

the tribal gaming ordinance adopted on May 15, 1994, by the COW 

Creek Band of Umpqua Tribe of Indians (Tribe). This Zetter 

constitutes such approval under the Indian ~aming 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. As discussed in the telephone conversation between 

Mai Dinh and Virginia Boylan on October 25, 1994, the Tribe will 

modify its background investigation procedures to meet the NIGC1s 

requirements. The NIGC expects to receive a completed 

application for each key employee and primary management official 

pursuant to 25 C.F.R. § 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. 

S 556.5(b). 

Thank you for submitting the ordinance of the Cow Creek Band 

of Umpqua Tribe of Indians for review and approval. The NIGC 

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

implementing the IGRA. 

cc: ~irginia Boylan, Esq. 

1850 M STREET. N W.. SUITE 250 WASHINGTON. D.C. 26036 TEL.: 202-632.7003 FAX: 202.632-7066 
Cow Creek Band of 

Umpqua Tribe of Indians 

RESOLUTION NO .7&"/3 

WHEREAS, The Board of Directors of the Cow Creek Band of Umpqua Tribe of Indians, pursuant to Article VII, Section 1, of 

the Tribal Constitution approved July 17, 1991 by the 

Bureau of Indian Affairs, is the official governing body 

of the Tribe, authorized to act in behalf of the 

Tribal Council; and 

WHEREAS, The Cow Creek Band of Umpqua Tribe of Indians submitted 

to the National Indian Gaming Commission on February 15, 

1994, the Tribal Gaming Ordinance 91-1, adopted by the 

Tribe on August 11, 1991, and 

WHEREAS, On April 1, 1994 the National Indian Gaming Commission 

returned Ordinance 91-1 to the Tribe for revision to 

comply with federal regulations, and 

WHEREAS, The Cow Creek Band of Umqpua Tribe of Indians made the 

requested revisions and other improvements, which were 

adopted by the Tribal Board of Directors at their May 15, 

1994 Board Meeting, and 

THEREFORE BE IT RESOLVED, that the Tribe is now submitting Tribal 

Gaming Ordinance 94-1, to replace the previous Tribal 

Gaming Ordinance 91-1, and seeks approval of the National 

Indian Gaming Commission as required by the Indian Gaming 

Regulatory Act, and 

FURTHER BE IT RESOLVED, that the Tribal Board of Directors hereby 

authorizes the Tribal Chairman to submit Tribal Gaming 

Ordinance 94-1 to the National Indian Gaming Commission. 

Cow Creek Band of Umpqua 

Tribe of Indians \ ? 

By : 

due M. 'shaffd'd' 

CERTIFICATION: 

This resolution was adopted at a regularly scheduled meeting of the 

Tribal Board of Directors held on May 15, 1994 by a vote of // 

FOR, &AGAINST and EABSTAINING. 

BY: 

Tom Rondeau, Sr. 

2400 Stewart Parkway Suite #300 Roseburg, Oregon 97470 

(503) 672-9405 
COW CREEK BAND OF 

UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

AS AMENDED AND RESTATED ON 7-/5-, 1994 
COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

AS AMENDED AND RESTATED AS OF 7 'I.? . 1994 

TABLE OF CONTENTS 

DEFINITIONS ............................................................. 1 

CHAPTER I PURPOSE. APPLICABILITY AND AUTHORIZATIONS ........ 7 

Section 1.01 

Section 1.02 

Section 1.03 

Section 1.04 

Section 1.05 

Section 1.06 

Section 1.07 

Section 1.08 

Section 1.09 

Section 1.10 

Purpose .................................................... 7 

Class I Gaming Authorized .................................. 7 

Class I1 Gaming Authorized ................................. 7 

Class III Gaming Authorized ................................. 7 

Location of Gaming ......................................... 7 

Ownership of Gaming ...................................... 7 

Use of Gaming Revenue .................................... 7 

Unauthorized Gaming ...................................... 8 

Conduct of Games .......................................... 8 

Applicability of Ordinance ................................... 8 

CHAPTER I1 ADMINISTRATION AND ENFORCEMENT .................. 8 

Section 2.01 

Section 2.02 

Section 2.03 

Section 2.04 

Section 2.05 

Section 2.06 

Section 2.07 

Section 2.08 

Section 2.09 

Section 2.1 0 

Section 2.11 

Section 2.12 

Section 2.13 

Section 2.14 

Section 2.15 

Section 2.16 

Section 2.17 

Section 2.18 

Establishment of Commission ............................... 8 

Restrictions on Commissioners .............................. 9 

Compensation of Commissioners ............................ 9 

Selection of Chairperson .................................... 9 

Meetings Open to Public ..................................... 9 

Quorum ................................................... 9 

Reports ................................................... 10 

Powers ................................................... 10 

Administrative Hearings ................................... 10 

Voting on Licensing ........................................ 11 

Commission Findings ...................................... 11 

Notification of Commission Decision ........................ 11 

Right of Appeal; Appeals Procedures ........................ 11 

Appointment of Gaming Monitor ........................... 12 

Gaming Monitor's Contract ................................. 12 

Termination of Gaming Monitor ............................ 12 

Duties of the Gaming Monitor .............................. 13 

Right of Inspection ........................................ 14 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE i 
Section 2.19 

Section 2.20 

Section 2.21 

Section 2.22 

Section 2.23 

Section 2.24 

Section 2.25 

Section 2.26 

Section 2.27 

Section 2.28 

Section 2.29 

Section 2.30 

Section 2.31 

Section 2.32 

Section 2.33 

Section 2.34 

Section 2.35 

Organization of Commission ............................... 14 

Budget .................................................... 15 

Sanctions ................................................. 15 

Limitations Period ......................................... 15 

Gifts or Other Compensation ................................ 15 

Independence of Commission .............................. 15 

Promulgation of Gaming Rules ............................. 15 

Approval of Gaming Equipment ............................ 15 

Posting of Rules ........................................... 16 

Civil Violations ........................................... 16 

CivilPenalties ............................................. 16 

Consent to Jurisdiction ..................................... 16 

Civil Actions .............................................. 17 

Tribal Court Jurisdiction ................................... 17 

Sovereign Immunity of the Commission .................... 17 

Sovereign Immunity of the Tribe ........................... 17 

Waiver of Sovereign Immunity of the Commission ........... 18 

CHAPTER III LICENSING PROCEDURES ................................. 18 

Section 3.01 

Section 3.02 

Section 3.03 

Section 3.04 

Section 3.05 

Section 3.06 

Section 3.07 

Section 3.08 

Section 3.09 

Section 3.10 

Section 3.1 1 

Section 3.12 

Section 3.13 

Section 3.14 

Section 3.15 

Section 3.16 

Gaming License Required ................................... 18 

Standard for License ........................................ 19 

Application for License ..................................... 19 

Procedures ................................................ 22 

Authority to Issue License .................................. 22 

Appeal of Denial of License ................................. 23 

EffectivenessofLicense .................................... 23 

Term of License; License Fees ............................... 23 

Conditions of License ...................................... 24 

Required Notifications ..................................... 25 

Assignment or Transfer .................................... 25 

Cancellation or Suspension ................................. 25 

Notice of Licensing Actions ................................. 26 

Provisional Employment Pending Issuance of License and 

During Temporary License Period ........................... 26 

Parameters of License ...................................... 27 

Licensing of Distributors ................................... 27 

CHAPTER IV BACKGROUND INVESTIGATIONS ........................ 28 

Section 4.01 Required Background Investigations ......................... 28 

Section 4.02 Standards for Background Investigations .................... 28 

Section 4.03A Background Investigations .................................. 28 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE ii 
Section 4.038 Eligibility Determination ................................... 30 

Section 4.04 Procedures for Forwarding Applications and Reports for 

Key Employees and Primary Management Officials to the 

National Indian Gaming Commission ....................... 31 

Section 4.05 Report to the National Indian Gaming Commission .......... 31 

Section 4.06 Granting a Gaming License ................................. 32 

Section 4.07 License Revocation and Suspension Following Receipt of 

Information from NIGC .................................... 33 

CHAPTER V MANAGEMENT CONTRACTS ............................ 33 

Section 5.01 Commission Approval Required ............................ 33 

Section 5.02 Approval of Management Contracts ......................... 34 

Section 5.03 Percentage-of-Net-Revenue Fees ............................ 35 

Section 5.04 Contract Disapproval ...................................... 35 

Section 5.05 Modifying or Terminating the Contract ...................... 36 

Section 5.06 Conveying Interest in Land ................................. 37 

Section 5.07 Fees for Investigation Cost .................................. 37 

CHAM'ER VI AUDITING AND INTERNAL CONTROL ................... 37 

Section 6.01 Minimum Procedures for Control of Internal Fiscal 

Affairs .................................................... 37 

Section 6.02 Oversight of Internal Fiscal Affairs .......................... 38 

Section 6.03 Conduct of Audit .......................................... 39 

Section 6.04 Prohibition Against Embezzlement ......................... 39 

Section 6.05 Non-Compliance .......................................... 39 

CHAPTER WI EXCLUSION OR REJECTION OF INDMDUALS ............. 39 

Section 7.01 Prohibition Against Certain Individuals ...................... 39 

Section 7.02 Right to Exclude or Remove ................................ 40 

Section 8.01 Prohibited Acts ............................................ 40 

Section 8.02 Prohibition Against Electronic Aids ......................... 42 

CHAPTER IX NATIONAL INDIAN GAMING COMMISSION 

AND TRIBAL-STATE COMPACTS .......................... 43 

Section 9.01 National Indian Gaming Commission-Regulation ............ 43 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE iii 
Section 9.02 

Section 9.03 

CHAPTER X 

Section 10.01 

Section 10.02 

Section 10.03 

Section 10.04 

Section 10.05 

Section 10.06 

Section 10.07 

Section 10.08 

Section 10.09 

Section 10.10 

Section 10.11 

Section 10.12 

National Indian Gaming Commission-Assessmen t ........... 43 

Compact with the State of Oregon ........................... 43 

MISCELLANEOUS ........................................ 43 

Security and Surveillance .................................. 43 

Maintenance of Ordinance and Regulations .................. 43 

Compliance with Other Laws ................................ 44 

Amendments ............................................. 44 

Severability ......................................... 44 

Words and Terms .......................................... 44 

Repeal .................................................... 44 

Unclaimed Winnings ...................................... 44 

Patron Disputes ........................................... 45 

Patron Rights Regarding Disputes ........................... 45 

Gaming Commission Action on Patron Disputes ............. 45 

Agent for Service of Process ................................ 46 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE iv 
COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

AS AMENDED AND RESTATED ON ,1994 

DEFINITIONS 

. .. efinim. Unless a different meaning is clearly indicated from the context or is set 

forth below, the terms used in this Ordinance shall have the same meaning as 

defined in the Indian Gaming Regulatory Act, Public Law 100-497,102 Stat. 2467 

(Oct. 17,1988), 25 U.S.C. 2701, et seq. ("IGRA). 

"Applicant" means any individual, partnership, corporation, joint venture or other 

entity applying for, or requesting renewal of, any License described in or required by 

this Ordinance. 

"Boar#' means the Board of Directors of the Cow Creek Band of Umpqua Tribe of 

Indians. 

I, means the Chairman of the National Indian Gaming Commission. 

ass I Gaming" means either social games played solely for prizes of minimal 

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

in connection with, Tribal ceremonies or celebrations. 

,I ss 11 Gaming" means Class II gaming as defied at 25 U.S.C. §2703(7)(A), and any 

regulations promulgated thereunder, and: 

(a) the game of chance commonly known as bingo (whether or not 

electronic, computer, or other technological aids are used in 

connection therewith) 

(I) which is played for prizes, including, but not limited to, cash 

and/or merchandise with cards bearing numbers or other 

designations, 

(2) in which the holder of the card covers or blocks such 

numbers or designations when an object or symbol, similarly 

numbered or designated, is drawn or elect~onically 

determined, and 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 1 
(3) in which the game is won by the first person covering a 

designated arrangement of numbers or designations on such 

cards, including (if played in the same location), pull tabs, 

lotto punch boards, tip jars, instant bingo, and other games 

similar to bingo; 

(b) card games that are 

(1) authorized by laws of the State of Oregon, 

(2) not prohibited by the laws of the State of Oregon, and 

(3) played in conformity with those laws and regulations (if any) 

of the State of Oregon regarding hours or periods of operation 

of, or limitations on wagers or pot sizes in, such card games; 

and 

(c) the term "Class 11 Gaming" shall not include 

(1) any banking card games, including baccarat, chemin de fer, 

blackjack (a/k/a "21"), or 

(2) slot machines of any kind. 

I11 C, a- means, consistent with the Compact, 25 U.S.C. §2703(8), and any 

regulations promulgated thereunder, all forms of gambling that are not Class I 

Gaming or Class 11 Gaming. 

"Compacr means the 'Tribal State Compact for Regulation of Class ID Gaming 

between the Cow Creek Board of Umpqua Tribe of Indians and the State of Oregon" 

executed by the Governor of Oregon and the Chairperson of the Tribe as of October 

2, 1992, and all amendments, appendices, exhibits and other attachments thereto. 

Id . . Commxssxon" means the Cow Creek Tribal Gaming Commission. 

"Commissioner" means an individual member of the Cow Creek Tribal Gaming 

Commission. 

"Fiscal Year" means the period beginning on the Monday following the last Sunday 

of September of each year and ends on the last Sunday of September of the following 

year. 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 2 
"Gamine" means any Class I Gaming, Class II Gaming or Class III Gaming, either 

individually or collectively, whether authorized or unauthorized. 

Devie" means any equipment or mechanical, electromechanical or 

electronic contrivance, component or machine, used remotely or directly in 

connection with any Gaming, which affects the result of a wager by determining or 

predicting the outcome of such game or the odds of winning or losing such game. 

The term shall be broadly construed to promote the purposes of this Ordinance and 

shall also include any devices, machines, components or contrivances which do or 

are capable of effecting, in any way, the playing of any Gaming. 

,I gamin^ EstablishmeM" means any premises where Gaming, other than Class I 

gaming, is operated or conducted on Trust Land, and includes all buildings, 

improvements, appurtenances, equipment and facilities used or maintained in 

connection with such gaming. 

I, xne Monitor" means the individual hired by and responsible to the 

Commission who is charged with monitoring and inspecting Gaming Operations 

and to whom certain duties may be delegated pursuant to this Ordinance. 

"Gamine Operation" means any business enterprise owned by the Tribe, the 

revenues of which are primarily derived from Gaming, other than Class I Gaming, 

or from any Gaming Establishment. 

"Qoss Revetlug' means the total value due to any operator of any Gaming for any 

chance taken or game played, for any table fees for card playing, on account of fees 

charged for participation in any Gaming or for admittance to any Gaming 

Establishment (or any combination of the foregoing). Gross Revenue shall be stated 

in U.S. currency and shall be calculated before any deductions or allowances for 

prizes, pay out of winnings, costs of operation, taxes, labor expenses, equipment, 

materials used or any other expenses. In the absence of adequate records, Gross 

Revenue shall be the maximum amount that would be due to a Gaming operator if 

the particular Gaming conducted by said operator was conducted at maximum 

capacity. 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 3 
'- means: 

(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 aedit, or 

custodian of gambling terminals or other devices operated by 

the management of any Gaming Operation, including 

persons with access to cash and accounting records for such 

devices; 

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

compensation from employment in any Gaming Operation exceeds 

$25,000 per year; 

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

persons in any Gaming Operation; or 

(d) any employee of any Gaming Operation that the Commission 

deems a Key Employee. 

"License" means a revocable privilege granted by the Commission, pursuant to this 

Ordinance, to any Person which authorizes such Person to perform certain acts or 

engage in certain activities. The issuance of a License shall not create a property or 

liberty interest in such License for the benefit of the Licensee. 

"w" means any Person who has been issued a valid and current License 

pursuant to the provisions of this Ordinance. 

"-t Contract" means any contract, agreement or other document 

establishing a relationship between the Tribal government and any Person, 

pursuant to which such Person has managerial responsibilities in or for any Gaming 

Operation. The term "Management Contract" shall include all collateral 

agreements to any relevant Management Contract. 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 4 
U Manaeement or "M means: 

(a) any Person having a direct financial interest in any Management 

Contract, including, but not limited to, those Persons who own five 

(5) percent or more of any Management Entity's outstanding capital 

stock; 

(b) when a trust is a party to a Management Contract, any beneficiary or 

trustee of such trust; 

(c) when a partnership is a party to a Management Contract, any 

partner, general or limited, in such partnership; 

(d) when a corporation is a party to a Management Contract, any Person 

who is an officer or director of such corporation, or who holds five 

(5) percent or more of the issued and outstanding capital stock of 

such corporation either alone or in combination with a spouse, 

parent, child or sibling; or 

(e) with respect to any non-natural Person with an interest in a trust, 

partnership or corporation that has an interest in a Management 

Contract, all beneficiaries, trustees, partners, or directors of, and five 

(5) percent stockholders of, such non-natural Person. 

"M-Fee" means any monies paid from Gaming revenue to any Person 

with a contract or License to operate a Gaming Establishment. Such term shall not 

include monies paid for the operating expenses of such Gaming Establishment. 

"Net Reven~" means Gross Revenue of any Gaming Operation minus amounts 

paid for, or paid out as prizes, winnings, and related operating expenses, excluding 

management fees. 

"NIGC" means the National Indian Gaming Commission. 

#I eratwenseJ8 means any expense incurred in the operation of Gaming that is 

specifically designated as an Operating Expense in any Management Contract. 

I, means this Tribal Gaming Ordinance of the Cow Creek Band of 

Umpqua Tribe of Indians as amended and restated as of , 1994. 

"Patron" means any Person on Trust Land who participates in Gaming, or who is 

physically present on premises wherein or whereon Gaming is conducted. 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 5 
"Person" means any association, partnership, corporation, firm, trust or other form 

of business association or entity, as well as a natural person. 

Id . . means: 

(a) the Person(s) having management responsibility over all or any 

part of any Gaming Operation; 

(b) any Person who has authority; 

(i) to hire and fire employees of a Gaming Operation, 

(ii) to establish working policy for a Gaming Operation; 

(c) the chief financial officer or other Person who has financial 

management responsibility for any Gaming Operation; 

(d) any person who is considered a Controlling Shareholder; or 

(e) any Person the Commission deems a Primary Management Official. 

means any Rules of the Commission established pursuant to this 

Ordinance. 

"&a.&&' means the Secretary of the United States Department of the Interior. 

"Tribal Courf' means the Tribal Court of the Cow Creek Band of Umpqua Tribe of 

Indians, if such court exists. 

"Tribe" means, and "Tribal" shall refer to, the Cow Creek Band of Umpqua Tribe of 

Indians. 

"Trust Land" or "Reservation" means any lands, title to which is either held in trust 

by the United States for the benefit of the Cow Creek Band of Umpqua Tribe of 

Indians, or held by the Cow Creek Band of Umpqua Tribe of Indians subject to 

restriction against alienation by the United States and over which the Cow Creek 

Band of Umpqua Tribe of Indians exercise governmental authority. 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 6 
CHAPTER I 

PURPOSE, APPLICABILITY AND AUTHORIZATIONS 

m. The Board of Directors of the Cow Creek Band of Umpqua 

Tribe of Indians, pursuant to authority granted in Article VII, the 

Tribe's Constitution, enacts this Ordinance in order to regulate all 

forms of Gaming on Trust Lands. 

Section 1.02 Class I gamin^ Authorized. Class I Gaming is hereby authorized to 

be conducted on lands within the jurisdiction of the Tribe. 

Section 1.03 Class I1 Gaming Authorized. Class I1 Gaming is hereby authorized 

to be conducted on lands within the jurisdiction of the Tribe; 

provided, however, that such Class I1 Gaming shall be conducted 

only in accordance with the provisions of this Ordinance, the Rules, 

the Compact, and IGRA. 

Section 1.04 Class I11 Gamin? Authorized. Class III Gaming is hereby authorized 

on lands within the jurisdiction of the Tribe; provided, however, 

that Class 111 Gaming shall be conducted only in accordance with the 

provisions of this Ordinance, the Rules, the Compact, and IGRA. 

of G a. The Commission shall ensure that (i) such 

Gaming as it authorizes and licenses pursuant to this Ordinance is 

conducted on lands within the Tribe's jurisdiction, and (ii) such 

gaming is not otherwise specifically prohibited by Federal law. 

Ownership of Gaming. The Tribe shall have the sole proprietary 

interest in any Gaming Operation authorized by this Ordinance. 

The Tribe shall receive, at a minimum, not less than sixty (60) 

percent of the Net Revenues from any Gaming Operation. 

Section 1.07 Use of Gamin? Revenue. 

(a) Net Revenues from any form of Gaming authorized under 

this Ordinance, other than Class I Gaming, shall be used only 

for the following purposes: to fund Tribal government 

operations and programs; to provide for the general welfare 

of the Tribe and its members; to promote Tribal economic 

development; to make donations to charitable organizations; 

or to help fund operations of local government agencies. 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 7 
(b) If the Tribe elects to make per capita payments to Tribal 

members, it shall authorize such payments only pursuant to 

a plan submitted to and approved by the Secretary pursuant 

to 25 U.S.C. §2710(b)(3). 

Section 1.08 Unauthorized Gaming. Any person who commits any act of 

unauthorized Gaming on the Reservation or any other Tribal land 

shall be guilty of a aime and shall be prosecuted in Tribal Court or 

any other court of competent jurisdiction. It is hereby declared that 

authorized Class I Gaming, Class I1 Gaming or Class III Gaming 

conducted on the Reservation, or on any other Tribal land that fully 

complies with the provisions of this Ordinance, the Rules and 

IGRA shall not be subject to any criminal penalties. Gaming 

conducted in any Gaming Establishment in violation of a 

Management Contract, or at such time as any provision of a 

Management Contract is being breached by the manager under such 

Management Contract, shall be considered unauthorized Gaming. 

Section UE Conduct of Games. No Person licensed by the Commission shall 

engage in, conduct or condone any Gaming, other than Class I 

Gaming, that is not conducted in accordance with such Rules 

governing the conduct of games as may be promulgated by the 

Commission under this Ordinance. 

f Or-. Unless specifically indicated otherwise, 

all provisions of this Ordinance shall apply to both Class I1 Gaming 

and Class III Gaming including, but not limited to, all licensing and 

background investigation procedures. 

CI-IAITER I1 

ADMINISTRATION AND ENFORCEMENT 

Establishment . . The Cow Creek Tribal Gaming 

Commission is hereby established. The Commission shall consist 

of nine (9) members appointed by a majority vote of the Board. 

These nine (9) members of the Commission shall be composed of 

four (4) non-Tribal members and five (5) Tribal members. A 

Commissioner shall serve for six (6) years and may be removed 

from office prior to the end of his term only for cause and by a 

unanimous vote of the Board after a public hearing, if such hearing 

is requested by the Commissioner who is subject to removal. In 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 8 
order to establish an annually staggered Commission appointment 

schedule, the first Commission shall be appointed by the Board as 

follows: two (2) Commissioners shall serve a one (1) year term; two 

(2) Commissioners shall serve two (2) year terms; two (2) 

Commissioners shall serve three (3) year terms; one (1) 

Commissioners shall serve a four (4) year term; one (1) 

Commissioner shall serve a five (5) year term; and one (1) 

Commissioner shall serve a six (6) year term, for their initial terms 

only. Thereafter, all successive terms of appointment for 

Commissioner shall run for six (6) years. Vacancies on the 

Commission shall be filled within thirty (30) days by the Board. The 

Commission shall consist of not more than three (3) members of 

the Board. 

Section 2.02 Restrictions on Commissioners. Commissioners may hold other 

paid positions within the Tribal Govement and may engage in 

other business activities; provided, however, that Commissioners 

may not be employed in or by any Gaming Operation. When not 

performing official Commission functions, Commissioners may 

gamble in any Gaming Establishment. 

. . Commissioners shall be 

compensated at a rate to be established annually by the 

Commission, subject to approval by the Board. Commissioners 

shall be reimbursed for actual expenses incurred on Commission 

business, including necessary travel expenses. 

Section 2.04 n of Ch-. The Commission shall select annually, 

from its membership, a Commission chairperson who shall have 

the power to convene special meetings of the Commission upon 

forty-eight (48) hours written or actual notice to Commissioners. 

Section 2.05 Meetings Oven to Public General meetings of the Commission 

may be open to the public, at the discretion of the majority of the 

Commission. The Commission may, however, in its sole discretion, 

convene in Executive Session at any time. 

7 06 -. A quorum of the Commission shall consist of five (5) 

Commissioners. All decisions shall be made by a majority vote of a 

quorum of the Commission, unless indicated otherwise in this 

Ordinance. 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 9 
SecthnLQZ -. The Commission shall make monthly reports to the Board 

within thirty (30) days after the end of each month. The reports 

shall include a full and complete statement of all Gaming revenues 

paid and owing to the Tribe, expenses and all other financial 

transactions of the Commission, and a summary of all licensing and 

enforcement actions taken or recommended by the Commission. 

The Commission shall also issue an annual report to the Board 

within thirty (30) days after the close of the Fiscal Year. Files and 

records of the Commission shall not be copied or removed without 

the express written consent of a majority of the Board. 

Section 2.08 P-. The Commission shall exercise all powers necessary to 

effectuate the purposes of this Ordinance. The Commission shall 

meet not less than once each month to make recommendations and 

set policies, to approve or reject monthly reports from the Gaming 

Monitor and to transact other business that is properly brought 

before the Commissioners. The Commission shall promulgate 

Rules for the operation of Gaming Establishments and shall hear 

and resolve all disputes regarding any provision of this Ordinance 

or the Rules. In all decisions, the Commission shall act to promote 

and ensure the integrity, security, honesty and fairness of the 

operation and administration of all Gaming other than Class I 

Gaming. In accordance with this Ordinance, including Chapter 3 

and Chapter 4, the Commission shall have the power and authority 

to deny any application for License, to limit, cancel, revoke, 

terminate, condition, modify, suspend, or restrict any License, to 

make findings of suitability, and approve the imposition of a fine 

for any cause deemed reasonable by the Commission upon any 

Person holding a license. The Commission shall conduct 

background investigations on all Applicants and Licensees. Within 

the limits of its Board approved budget, the Commission shall 

employ and fix the salaries of, or contract for the services of, such 

professional, technical and operational personnel and consultants 

as the execution of the Commission's duties may require. 

Section 2.09 Administrative Hearings. The Commission may hold 

administrative hearings to resolve any issue arising under this 

Ordinance. Such hearings shall be conducted according to the 

Rules. In order to fully exercise the power granted under this 

Chapter, the Commission may issue subpoenas in accordance with 

the Rules. 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 10 
-. Any Commission vote on the question of 

approving, disapproving, revoking, suspending, limiting or 

conditioning a License shall be by secret ballot; provided, however 

that in an emergency (as determined by a majority of a quorum of 

the Commission) a seaet phone vote may be polled pursuant to 

Commission regulations. Should an Applicant disagree with a 

licensing vote of the Commission, the Applicant may appeal the 

vote pursuant to the appeals procedures set forth in this Ordinance 

and in the Rules. At any appeal hearing, the Applicant shall have 

the burden to show cause why the Commission's determination 

was incorrect. 

Section 2.U . . n Fw. Following any Commission hearing 

conducted in accordance with the Rules, the Commission shall, 

within a reasonable period of time, reach a determination 

concerning: 

(a) the accuracy of any preliminary certification of facts reached 

at such hearing; 

(b) if applicable, whether the License in question should be 

granted, continued, suspended, revoked, conditioned, or 

limited; and 

(c) whether or not any other action recommended to the 

Commission including, but not limited to, forfeitures and 

fines, should be taken or imposed. 

Section 2.12 Notification of Commission Decision. Within a reasonable period 

of time following a Commission finding reached in accordance with 

Section 2.11 of this Ordinance, the Commission shall inform all 

affected parties in writing of such finding. 

A Person directly affected by 

any finding of the Commission pursuant to Section 2.11 of this 

Ordinance shall have the right to appeal such finding to the Tribal 

Court or, if the Tribal Court does not exist, the appeal shall be heard 

by the Board. Any such appeal must be filed with the Tribal Court 

or Board in writing on or before the tenth (10th) day following 

receipt by such affected Person of the written finding of the 

Commission. The Commission shall certify the hearing record to 

the Tribal Court or the Board within thirty (30) days of the date of 

the filing of the appeal. In any case which has been referred to the 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 11 
Tribal Court or Board for final action, the Tribal Court or Board 

shall review the finding of the Commission pursuant to a "clearly 

erroneous" standard. Decisions of the Commission interpreting 

this Ordinance or other applicable law shall be affinned unless the 

Tribal Court or Board finds that the Commission's action was 

arbitrary and capricious. The Tribal Court's or Board's decision shall 

be final, and no further appeal may be had. 

Section 2.14 Appointment of Gamin? Monitor. Subject to approval by the 

~o&d, the Commission shall hire a Gaming ~o&tor who shall be 

responsible for the day to day monitoring of Gaming on Trust Lands 

and to whom the Commission may delegate any of its duties under 

this Ordinance except for the conduct of hearings, the decision of 

matters at issue at such hearing, the issuance, limitation, 

supervision or revocation of Licenses, and the imposition of fines 

and the setting of the Gaming Monitor's duties and compensation. 

The Commission shall conduct a background investigation on the 

Gaming Monitor before his appointment, and the Commission 

shall oversee the Gaming Monitor's activities on an ongoing basis. 

Preference will be given to Gaming Monitor applicants with 

experience in legal, gaming and/or accounting matters. No Person 

who has been convicted of a felony of any kind or of any 

misdemeanor related to illegal gambling or bribery may serve as a 

Gaming Monitor. Other than the interest held by virtue of Tribal 

membership, the Gaming Monitor shall not have any personal 

financial interest in any Gaming Operation. 

Monitor's CQ&&. The Gaming Monitor shall be hired on 

a contract basis for a period of at least one year. The terms of the 

Gaming Monitor's employment contract including, but not limited 

to, compensation and benefits, shall be negotiated with the 

Commission and approved by the Board. 

Se- of GamineMonitor. The Gaming Monitor's 

employment contract shall terminate immediately, and without the 

necessity of a vote or finding by the Board or the Commission, upon 

the Gaming Monitor's conviction in any court of competent. 

jurisdiction, including the Tribal Court, for any felony or for any 

misdemeanor related to illegal gambling or bribery, or for any 

charge related to the Gaming Monitor's honesty or ability to fulfill 

his duties. If the Commission, the Board or the Tribal Court 

determines that the Gaming Monitor has violated, or assisted in 

violations of, any part of this Ordinance, the Commission or the 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 12 
Board (by a majority vote of a quorum) may immediately terminate 

the Gaming Monitor's employment contract. 

Duties The Gaming Monitor shall, subject 

to the approval of the Commission, perform all duties, exercise all 

powers, assume and discharge all responsibilities, and carry out and 

effect all purposes of this Ordinance and the Compact. In all 

decisions, the Gaming Monitor shall act to promote and ensure 

integrity, security, honesty, and fairness of the operation and 

administ~ation of all Gaming. The duties of the Gaming Monitor 

shall include, but are not limited to: 

(a) ensuring that the managers and Key Employees of all 

Gaming Operations are carrying out their responsibilities as 

provided for in any relevant Management Contract; 

(b) corresponding with the NIGC and talking necessary actions to 

comply with the rules and regulations of the NIGC. 

Specifically, the Gaming Monitor shall confirm that an 

annual outside audit of authorized Gaming is performed 

within the time required by IGRA, and will provide a copy of 

such outside audit to the MGC in a timely manner; 

(c) ensuring that adequate background investigations are 

conducted on all Primary Management Officials and Key 

Employees of any Gaming Operation, and that oversight of 

such Persons is conducted on an ongoing basis; 

(d) ensuring that all applications and background investigations 

called for by this Ordinance are properly completed and that 

no Person is employed in any Gaming Operation if that 

Person's prior activities, criminal record, reputation, habits or 

associations pose a threat to the public interest or to the 

effective regulation of Gaming, or create or enhance the 

dangers of unsuitable, unfair, or illegal practices and methods 

and activities in the conduct of Gaming. The Gaming 

Monitor shall ensure that the MGC receives the results of 

any background checks conducted on Primary Management 

Officials and Key Employees of any Gaming Operations; 

(e) reviewing all records, documents or other evidence and 

information necessary and pertinent to the enforcement of 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 13 
any provision of this Ordinance, the Rules, the Compact, or 

IGRA; 

(f) recommending to the Commission whether sanctions 

should be imposed on any Person pursuant to the provisions 

of this Ordinance; and 

(g) performing any and all other duties as may be required by the 

Compact, this Ordinance, the Commission, the Rules, or 

IGRA. 

Section 2.18 ht of Inspection. The Commission and the Gaming Monitor 

have the authority to: 

(a) inspect and examine all premises wherein Gaming is 

conducted, or gambling devices or equipment are 

manufactured, sold or distributed; and 

(b) inspect all equipment and supplies in, upon or about any 

Gaming Establishment, and/or inspect any premises, 

equipment or supplies wherever located, which may be or 

have been used in connection with Gaming. 

Section 2.19 Qreanization of Commission. The Commission may organize itself 

into any functional division it deems necessary, and may alter such 

plan of organization as it deems expedient. 

Section UQ Budeet. The Commission shall establish a budget for its operations, 

including, but not limited to, a budget for the Gaming Monitor, 

shall acquire such furnishings, equipment, supplies, stationery, 

books and other items as it deems necessary or desirable to carry out 

its functions, and incur such other expenses, within the limit of 

funds available to it, as it deems necessary. Such Commission 

budget shall be subject to approval by the Board and, once approved 

by the Board, shall be funded from the Tribe's general revenues. 

The Commission budget mav, at the Board's discretion, be reviewed 

and modified by the Board every four (4) months. Any surplus 

remaining in the Commission's budget at the end of any budget 

year shall be refunded to the Board. The Commission and Gaming 

Monitor shall keep and maintain all files and records necessary for 

the effective regulation of Gaming and all such files and records 

shall be open to inspection by members of the Board. The annual 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 14 
Commission budget shall be made available to any Tribal member, 

by supervised appointment. 

Sanctions. Any person who engages in Gaming in violation of any 

provision of this Ordinance, including any person who unlawfully 

trespasses upon any premises licensed by the Ordinance without the 

consent of the licensee and/or the Commission, shall be subject to 

criminal and civil penalties provided for under this Ordinance or 

other applicable laws. 

Secti~lb 2.22 Pa. No fine shall be assessed, nor any action taken, 

for any violation under Section 2.22 of this Ordinance unless a 

charge is filed in proper form with the Commission or Tribal Court 

within two (2) years of the'commission of the offense. 

Sectiu or er C- The Gaming Monitor, 

Commissioners, and members of the Board and their immediate 

families shall receive no compensation, gift, reimbursement or 

payment of any kind from any person doing business or desiring to 

do business with the Tribe, relating to Gaming, nor with any person 

wishing to obtain an unfair advantage in any Gaming, except as 

approved by a vote of the majority of the Board. Any property 

received in violation of this Section, including cash payments, shall 

be immediately forfeited to the Tribe, and the offending Person(s) 

shall be prosecuted to the full extent possible for accepting a bribe. 

The Commission and the Board shall cooperate to the fullest extent 

possible with any Federal or State law enforcement agency to pursue 

prosecution of such Person(s) under applicable Federal or State law. 

Section 2.24 Inde~endence of Commission, In all matters within its purview 

and responsibilities, the Commission shall be and act independently 

and autonomously from the Board. 

of GamineRules. The Commission may promulgate 

Rules governing the conduct of all games authorized by the 

Compact or IGRA, including Rules governing the equipment, 

(chips, cards, tiles, etc.), used in such games. Any provision in the 

Compact providing for notice to, and comment by, the State of 

Oregon, shall be complied with by the Commission in 

promulgating the Rules. 

Section 2.26 P~~roval of Gamin? Eauipment. The Commission shall have the 

discretion to review and approve all equipment and devices used in 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 15 
connection with any Gaming Operation as to quality, design, 

integrity, fairness, honesty and suitability. In addition: 

(a) the Commission may require a prototype or sample of any 

piece of equipment or any device used in a Gaming 

Operation to be placed in the custody of the Gaming Monitor 

and retained by him as a control for comparison proposes; 

and 

(b) any evidence that any equipment or device used in a Gaming 

Operation has been tampered with or altered in any way 

which would affect the integrity, fairness, honesty or 

suitability of such equipment or device, or any Gaming in 

which such equipment or device is used, shall be 

immediately reported to the Commission. 

Section Posw of Rules. The Rules of each authorized game offered at any 

duly licensed Gaming Establishment shall be posted in a 

conspicuous location in such Gaming Establishment. 

Section 2.28 .. . lvtl Violations. Any person who violates or fails to comply with 

any provision of this Ordinance or the Rules, makes false or 

misleading statements or omissions in any application required 

under this Ordinance, or makes any false or misleading responses to 

any order or directive of the Commission may be found by the 

Commission to be liable for the civil penalties set forth in Section 

2.29. 

na-. For any violation described in Section 2.23 or 

Section 2.28 of this Ordinance, the violator may be subject to 

suspension and/or revocation of any License granted under this 

Ordinance, may be subject to exclusion from any Gaming 

Establishment, and may also be liable for a avil penalty in an 

amount not to exceed five thousand dollars ($5,000) for each 

violation. Each day during which a violation of, or failure to 

comply with, this Ordinance or the Rules, occurs or is continuing to 

occur, may constitute a separate violation under this Ordinance, at 

the discretion of the Commission. The Commission, upon its own 

motion or for good cause shown, may rescind or reduce any 

penalties imposed pursuant to this Ordinance. 

Section 2.3Q Consent to lurisdiction. Any person who applies for a License 

under this Ordinance, applies for employment in any Gaming 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 16 
Establishment, enters into any contract or agreement related to 

Gaming, or participates in any Gaming on the Reservation, shall be 

deemed to consent to the civil jurisdiction of the Tribe, the 

Commission and the Tribal Court. Nothing in this Section shall 

limit the jurisdiction of the Tribe, the Commission or the Tribal 

Court under any circumstances not explicitly contemplated in the 

Section. 

Section 2.31 Civil Actions. The Commission, on behalf of the Tribe, may bring 

suit in any appropriate forum for the collection of any fines due 

under this Ordinance and for the enforcement of any provision of 

this Ordinance or the Rules. 

Section 2.32 a1 Court lurlsdictioe . .. The Tribal Court shall, to the extent not 

inconsistent with Federal law or the Compact, have civil and 

criminal jurisdiction over all matters arising under this Ordinance, 

the Rules, or related to the conduct of any gaming occurring on the 

Reservation, whether authorized or unauthorized. 

Sovereigdmmmitlv of the Comwsmm . . The Commission is 

hereby clothed with all the privileges and immunities of the Tribe, 

except as specifically limited by this Chapter or other Tribal law, 

including sovereign immunity from suit in any state, federal or 

tribal court. Except as provided in this section, nothing in this 

Chapter nor any action of the Tribe or the Commission shall be 

deemed or construed to be a waiver of sovereign immunity from 

suit of the Commission, or to be a consent of the Tribe or the 

Commission to the jurisdiction of the United States or of any state 

or any other tibe with regard to the business or affairs of the Tribe 

or the Commission to any cause of action, case or controversy, or to 

the levy of any judgment, lien or attachment upon any property of 

the Tribe or the Commission, or to be a consent of the Tribe or the 

Commission to suit in respect to any Indian land, or to be a consent 

of the Tribe or the Commission to the alienation, attachment or 

encumbrance of any such land. 

Section 234 Saver- of the Tribe, All inherent sovereign rights of 

the Tribe as a federally-recognized Indian tribe with respect to the 

existence and activities of the Commission are hereby expressly 

reserved, including sovereign immunity from suit in any State, 

Federal or Tribal Court. Except as provided in Section 2.35, nothing 

in this Ordinance nor any action of the Commission shall be 

deemed or construed to be a waiver of sovereign immunity from 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 17 
suit of the Tribe, or to be a consent of the Tribe to the jurisdiction of 

the United States or of any state or of any other tribe with regard to 

the business or affairs of the Commission or the Tribe, or to be a 

consent of the Tribe to any cause of action, case or controversy, or to 

the levy of any judgment, lien or attachment upon any property of 

the Tribe; or to be a consent to suit in respect to any Indian land, or 

to be a consent to the alienation, attachment or encumbrance of any 

such land. 

. . ver of Sovp of theCom

Sovereign 

immunity of the Commission may be waived only by resolutions of 

both the Commission and the Board. All waivers of sovereign 

immunity must be preserved by resolutions of continuing force and 

effect by the Commission and the Board. Waivers of sovereign 

immunity are disfavored and shall be granted only when necessary 

to secure a substantial advantage or benefit to the Commission. 

Waivers of sovereign immunity shall not be general but shall be 

specific and limited as to duration, grantee, transaction, property or 

funds subject thereto, court having jurisdiction pursuant thereto 

and law applicable thereto. No waiver of sovereign immunity shall 

be deemed a consent to a) the levy of any judgment or, lien or 

attachment upon any property of the Commission or the Tribe 

(other than property specifically pledged or assigned pursuant to 

such waiver of sovereign immunity), b) suit with respect to any 

land within the exterior boundaries of the Reservation, or c) the 

alienation, attachment or encumbrance of any land within the 

exterior boundaries of the Reservation. Other than those Sections 

of this Ordinance which specifically authorize a wavier of sovereign 

immunity, this Ordinance shall not be interpreted as a waiver of 

sovereign immunity by Tribe or the Commission. 

CHAPIER 111 

LICENSING PROCEDURES 

e Required. The Commission is hereby authorized 

to issue all Licenses for the conduct of all Gaming, other than Class I 

Gaming, authorized under this Ordinance or any other License 

related to Gaming which the Commission may require. The 

licensing requirements of this Ordinance are in addition to any state 

certificates or licenses required by the Compact. 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 18 
(a) Persons. The following Persons must obtain Licenses as a 

precondition to employment in or management of any 

Gaming Operation: 

(1) any Management Entity or Controlling Shareholder. 

Any Person deemed a Controlling Shareholder must 

comply with the same licensing requirements as if 

such Person were a Primary Management Official; 

however, if any Controlling Shareholder is a nonnatural person, such Controlling Shareholder shall be 

subject to Management Entity licensing procedures; 

(2) all Primary Management Officials; 

(3) all Key Employees; and 

(4) any other employee or class of employees as 

determined by the Commission. 

(b) Facilities. Each place, facility, or location where Gaming, 

other than Class I Gaming, is conducted must obtain a 

separate license from the Commission. A Gaming 

Establishment must obtain both a Class I1 License and a Class 

III License if both Class II and Class III Gaming, or just Class 

III Gaming, will be conducted at such Gaming Establishment. 

Section 3.02 Standard for License. Licenses issued hereunder shall be issued 

according to requirements at least as stringent as those set forth at 25 

C.F.R parts 556 and 558, and any amendments thereto, and, in the 

case of Class III Gaming Licenses, also according to requirements at 

least as stringent as those set forth in the Compact. The Board and 

the Commission reserve the right in any case to issue Licenses 

pursuant to standards which are more stringent than those required 

either by the NIGC or the Compact. 

Section 3.03 A~ulication for License. 

(a) No License shall be issued under this Ordinance except upon 

a sworn application filed with the Commission, in such form 

as may be prescribed by the Commission, containing a full 

and complete showing, at a minimum, of the following: 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 19 
(1) satisfactory proof that the Applicant is of good 

character and reputation, and is financially responsible; 

(2) if applicable, a complete description of the premises at 

which Gaming will be conducted; 

(3) agreement by the Applicant to abide by all conditions 

of the License, this Ordinance and the Rules; 

(4) a separately sworn statement that neither the 

Applicant, nor any Management Entity or Controlling 

Shareholder of any Applicant, nor any of the 

Applicant's employees has ever been convicted of, or 

entered a plea of guilty or no contest to, any of the 

following criminal offenses, 

a. any felony, other than a felony conviction for an 

offense under b, c, or d, within the preceding ten 

(10) years; provided, however, that this record 

limitation to the preceding ten (10) years shall 

not apply to any applicant which is a 

Management Entity or Cont~olling Shareholder, 

b. any gaming-related offense, 

c. fraud or misrepresentation in any context, or 

d. a violation of any provision of this Ordinance, 

the Rules, or any other ordinance or rules of the 

Tribe or any state agency regulating or 

prohibiting gaming; and 

(5) the Applicant's fulfillment of all applicable 

requirements of IGRA, all provisions of this 

Ordinance, including, but not limited to, those in 

Chapter 4, and the Compact. 

(b) No License shall be issued to any Applicant who is 

determined by the Board or the Commission to be a Person 

whose prior activities, criminal record, reputation, habits or 

associations pose a threat to the public interest or to the 

effective regulation and control of Gaming, or create or 

enhance the dangers of unsuitable, unfair, or illegal practices, 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 20 
methods, or activities in the operation of Gaming or the 

carrying on of the business and financial arrangements 

incidental thereto. 

(c) The issuance of Licenses shall also be subject to the 

provisions of Chapter 4 of this Ordinance regarding 

background investigations. 

(d) The following notice shall be placed on the application form 

for a Key Employee, Management Entity or a Primary 

Management Official before such form is completed by an 

Applicant: 

'7x1 compliance with the Privacy Act of 1974, the 

following information is provided: Solicitation of the 

information on this form is authorized by Chapter 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 Commission, the 

State of Oregon, and/or the National Indian Gaming 

 omm mission-members and staff who have need forthe 

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 ~m~lo);ee 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." 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 21 
(e) Key Employees, Management Entities, and Primary 

Management Officials hired prior to the effective date of this 

Ordinance shall be notified in writing that they shall either: 

1) complete a new application form that contains the 

Privacy Act notice set forth above, or 

(2) sign a statement that contains the Rivacy Act notice 

and consent to the routine uses described in that notice 

of any prior employment applications and related 

documents. 

(f) The following notice shall be placed on the application form 

for Key Employees, Management Entities or Primary 

Management Officials before such fonn is completed by an 

Applicant: 

"A false statement on any part of your application may 

be grounds for not hiring you, or for firing you after 

you begin work. Also, you may be punished by fine or 

imprisonment. (U.S. Code, title 18, Section 1 OOl)." 

(g) The Commission, in its sole discretion, may require any Key 

Employees, Primary Management Officials, hired prior to the 

effective date of this Ordinance, and any Management Entity 

or Controlling Shareholders who are party to a Management 

Contract that is in effect on the date of this Ordinance, to: 

(1) complete a new License application form that contains 

the notice regarding false statements set forth above 

and undergo a new background investigation, or 

(2) sign a statement that contains the notice regarding 

false statements, set forth above. 

Section 3.04 Procedures. All applications shall be considered by the Commission 

in accordance with the Rules. 

Section 3.05 Authoritv to Issue License. The Commission may grant or deny any 

application for a License, except that the Commission shall deny an 

application for a License, or for the renewal of a License, where the 

Applicant or Licensee does not meet the restrictions of Section 

3.03(a)(4) of this Ordinance, in which case, the Applicant or Licensee 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 22 
may proceed to make a record for findings by the Commission as to 

the Applicant's or Licensee's sufficient rehabilitation and present 

fitness to hold a License. Any License granted by the Commission 

shall be effective upon the date of its granting, which effectiveness 

shall be provisional as set forth in Section 3.07 of this Ordinance 

pending the satisfactory completion of all background 

investigations and pending expiration of the thirty (30) day NIGC 

review period provided for at 25 C.F.R part 558; provided, however, 

that the Commission must provide written notice to the Board of 

the granting of any License, and the Board shall have the power to 

overturn the granting of any License on its own motion at any time 

provided the Board has conducted a hearing consistent with the 

provisions of this Ordinance and the Rules. If overturned by the 

Board, any License issued by the Commission shall have no force or 

effect. 

Section 3.06 veal of Denial. Except as otherwise explicitly provided 

for in this Ordinance, an Applicant may appeal any denial of a 

License as provided in Rules. 

Section 3.07 Effectbeness of License. The Commission may issue provisional 

licenses pending the satisfactory completion of all background 

investigations and other requirements of this Ordinance, IGRA, the 

Compact or any other agreement to which the Tribe is a party, and, 

if applicable, pending expiration of the thirty (30) day NIGC review 

period provided for at 25 C.F.R part 558. If such background 

investigations are not satisfactorily completed, a provisional License 

shall have no further force or effect. In no event shall a provisional 

License be valid for greater than ninety (90) days. Upon the 

satisfactory completion of all required background investigations, 

including NIGC review, the Commission may issue a License 

which shall be effective for one year unless it is canceled, revoked, 

suspended, terminated, modified or otherwise limited as provided 

for by this Ordinance. 

Section 3.08 of License: License Fees. 

(a) Licenses shall be for a term of one year, and shall expire on 

the anniversary of the effective date of such License($. 

(b) In order for the Tribe to recover the costs of complying with 

federal, Tribal, and state regulatory processes applicable to 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 23 
Class I1 Gaming and Class III Gaming, annual License fees 

shall be imposed: 

(I) in the amount of $25,000.00 per year on each party, 

other than the Tribe, to a Management Contract; 

(2) on any Person($ required to obtain a License, in 

accordance with a fee schedule to be established by the 

Commission; and 

(3) in addition to the License fees imposed pursuant to 

subsection (b)(l) and (2) of this Section, the 

Commission may impose such fees on Licensees as are 

reasonably related to costs of enforcement, including 

investigations and proceedings before the 

Commission, and which will in the aggregate be 

sufficient to enable the Tribe and/or the Commission 

to recover its reasonable costs of enforcing this 

Ordinance. Such costs may be estimated by the 

Commission and imposed prior to a final Commission 

action regarding a particular Licensee or Applicant. 

cm. All Licensees shall comply with such 

reasonable conditions as may be fixed by the Commission, including 

but not limited to the following conditions: 

(a) Facility Licensees- 

(1) the Licensee shall at all times maintain an orderly, 

clean and neat Gaming Establishment, both inside and 

outside the premises of the Gaming Establishment; 

(2) the Gaming Establishment shall be subject to patrol by 

the Tribe's security and law enforcement personnel 

and, when authorized, local and state law 

enforcement, and the Licensee shall cooperate at all 

times with such security and law enforcement officials; 

(3) the Gaming Establishment shall be open to inspection 

by authorized Tribal officials at all times during 

business hours; 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 24 
(4) there shall be no discrimination in any Gaming 

Operations by reason of race, color, sex or creed; 

provided, however, that nothing herein shall prevent 

the Licensee from granting preferences to Native 

Americans as permitted by law; and 

(b) Persons and Management Entities licensed by the 

Commission shall comply with such conditions of the 

License as the Commission, in its reasonable discretion, may 

require. 

Section 3.1Q uired Notifications. The Commission shall promptly notify the 

NIGC or other appropriate federal regulatory body of the issuance or 

denial of any License. 

or Transfer. No License issued under this Ordinance 

may be assigned or transferred unless the proposed assignee or 

transferee would independently be qualified to hold the License 

proposed to be assigned or transferred and the Board by resolution 

approves of such assignment or transfer. 

Licensees and Applicants shall be 

legally responsible for any violation by their employees of this 

Ordinance, any relevant License provisions or the Rules of the 

Commission. Any License issued hereunder may be canceled, 

limited, revoked, suspended, terminated or modified by the 

Commission for the breach of any of the provisions of the License, 

this Ordinance, or the Commission Rules. In addition: 

(a) unless otherwise stated in this Ordinance or the Rules, a 

Licensee's attorney has the right to be present and to 

participate in any proceeding concerning the cancellation, 

limitation, revocation, suspension, termination or 

modification of a License; 

(b) a License may be summarily suspended for good cause for up 

to thirty (30) days, without a prior hearing, by a majority vote 

of a quorum of the Commission; provided, however, that a 

License may be suspended during such period without a vote 

by the Commission upon notice to that effect from the NIGC; 

and 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 25 
(c) all decisions of the Commission regarding the cancellation, 

limitation, revocation, suspension, termination or 

modification of Licenses shall be final, unless appealed as 

provided in the Rules, except that a License canceled by the 

Commission pursuant to an objection itemized by the NIGC 

as provided in Section 4.07 of this Ordinance may not be 

appealed. There shall be no right of appeal of any temporary 

suspension decision, and no Gaming shall be conducted by 

any Licensee during a period of License suspension. No 

Gaming shall be conducted by the Licensee after cancellation, 

even during the pendency of an appeal. 

e of v. The Commission and the Board shall 

post public notices of all actions taken in regard to Licenses and 

License applications in a prominent place in the Tribe's offices and 

in affected Gaming Establishments and may publish such notices in 

a newspaper serving the community in which the affected Gaming 

Establishments are located. 

Section 3.14 Provlslonal Em~loye . . nt Pend ing Isswce of License and De 

Temporary License Period. As provided in Section 3.07, Primary 

Management Officials and Key Employees may be employed in 

Gaming Operations prior to the issuance of a License hereunder and 

during the period that a License shall be effective on a provisional 

basis, but such employment shall be provisional only and subject to 

the requirements of this Section. Employment may begin prior to 

issuance of a License only if the Commission, or such other Tribal 

agency or official as may be authorized by the Board, has made a 

preliminary finding of eligibility for employment in Gaming 

Operations, which shall require a preliminary determination that 

the Primary Management Official or Key Employee in question is 

not a person whose prior activities, criminal record or reputation, 

habits or associations pose a threat to the public interest or to the 

effective regulation and control of Gaming, or create or enhance the 

dangers of unsuitable, unfair, or illegal practices, methods, or 

activities in the operation of Gaming or the carrying on of the 

business and financial arrangements incidental thereto. 

Provisional employment shall be terminated upon the occurrence 

of any of the following: 

(a) denial of a relevant License by the Commission or the Board; 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 26 
(b) unsatisfactory completion of a background investigation or 

NIGC review resulting in nullification of a provisional 

License, as described in Section 3.07; or 

(c) to the extent required under 25 C.F.R part 558 and, at the end 

of thirty (30) days after the starting date of provisional 

employment, if at the end of such period no License has been 

issued hereunder or if a License issued hereunder remains 

effective only on a provisional basis, as provided in Section 

3.07; provided, however, that provisional employees 

terminated for the reason described in this subsection shall be 

qualified for reemployment upon the satisfactory completion 

of background investigations and NIGC reviews. 

Section 3.15 Parameters of License Violations of any provision of this 

Ordinance or the Rules, by a licensee, his agent, or employee shall 

be deemed contrary to the public health, safety, morals, good order 

and general welfare of the Tribe and the inhabitants of the 

Reservation, and shall be deemed grounds for refusing to grant or 

renew a License, suspension or revocation of a License, or shall 

constitute grounds for the filing of charges by the Commission or 

Gaming Monitor. Acceptance of a License, or renewal thereof by a 

Licensee, constitutes an agreement on the part of the Licensee to be 

bound by the provisions of this Ordinance and the Rules as they are 

now, or as they may hereafter be amended or restated, and to 

cooperate fully with the Gaming Monitor and the Commission. It 

is the responsibility of the Licensee to remain informed of the 

contents of this Ordinance, the Rules and all other applicable 

regulations, amendments, provisions, and conditions, and 

ignorance thereof will not excuse violations. 

Sction 3.16 The Commission may require the 

purchase of an annual license by any Person engaged in selling, 

distributing, or otherwise supplying Gaming equipment or 

paraphernalia for use in connection with Gaming. 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 27 
CHAPTER IV 

BACKGROUND INVESTIGATIONS 

Inv- . . . Background investigations 

shall be conducted by the Commission on all Persons specified in 

Section 3.01 of this Ordinance. 

Section 4.02 ndards for Backmound Investieations. All background 

investigations shall be conducted under the supervision and 

direction of the Commission to ensure that Gaming Operations 

shall not employ or contract with persons whose prior activities, or 

reputation, habits and associations pose a threat to the public 

interest or to the effective regulation of Gaming, or create or 

enhance the dangers of unsuitable, unfair or illegal practices and 

methods and activities in the conduct of such Gaming. Such 

investigations shall be conducted according to requirements at least 

as stringent as those set forth at 25 C.F.R. parts 556 and 558, Section 

4.03 of this Ordinance and the Compact. If the Commission or 

Board determines that employment of a 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, a Gaming 

Operation shall not employ that person. In the case of background 

investigations of Primary Management Officials and Key 

Employees, the report required by 25 C.F.R part 558, shall be 

prepared and submitted to the NIGC, and shall contain the required 

eligibility determination. All background investigations shall meet 

the standards for such investigations imposed by this Ordinance, 

IGRA and the Compact and shall be updated as required under this 

Ordinance, IGRA and the Compact, as applicable. Nothing herein 

shall prevent the conduct by the Commission or the Board of more 

comprehensive background investigations than those required 

under IGRA or the Compact. 

(a) Each Person subject to a background investigation under 

Section 4.01 of this Ordinance shall be required to provide, 

subject to the Privacy Ad of 1974, at a minimum, and in such 

form as may be prescribed by the Commission, all of the 

following information: 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 28 
full name, other names used, social security 

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

gender, all languages (spoken or written); 

currently and for the previous 10 years, all business 

and employment positions held, ownership interests 

in those businesses, business and residence addresses, 

and driver's license numbers; 

the 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 listed under subsection (a)(2) of this 

Section; 

current business and residence telephone numbers; 

a description of any existing and previous business 

relationships with any Native American Indian tribe, 

including but not limited to a description of the 

amount and type of ownership interest in those 

businesses; 

a description of any existing and previous business 

relationships with the gaming industry generally, 

including but not limited to a description of the 

amount and type of ownership interest in those 

businesses; 

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 any gaming or 

gambling, whether or not such license or permit was 

granted; 

for each felony for which there is an ongoing 

prosecution or conviction, the charge, the name and 

address of the court involved, and the date and 

disposition, if any; 

for each misdemeanor conviction or ongoing 

misdemeanor prosecution (excluding minor traffic 

violations), within ten (10) years of the date of the 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 29 
application, the name and address of the court 

involved and the date and disposition; 

(10) for each criminal charge (excluding minor traffic 

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

criminal charge is within ten (10) years of the date of 

the application and is not otherwise listed, the type of 

criminal charge, the name and address of the court 

involved and the date and disposition of such charge; 

(11) the name and address of any licensing or regulatory 

agency with which the person has filed an application 

for an occupational license or permit, whether or not 

such license or pennit was granted; 

(12) a current photograph; 

(13) any other information the Commission or the Board 

deems relevant; and 

(14) fingerprints consistent with the requirements of 25 

C.F.R. §522.2(h). The Oregon State Police are hereby 

identified as the law enforcement agency with law 

enforcement authority to take fingerprints of Key 

Employees and Primary Management Offiaals of all 

Gaming Operations. 

(b) Background investigations conducted by the Commission 

sufficient to make the determination described at Section 

4.03B. In conducting a background investigation, the Tribe or 

its agents shall maintain the confidentiality of the identity of 

each Person interviewed in the course of investigation. 

(c) The Commission may require that an Applicant or Licensee 

submit any other information it deems relevant to an 

eligibility determination. The Commission may require an 

Applicant or Licensee to complete any additional forms the 

Commission deems necessary to conducting a thorough 

background investigation. 

Section 4.038 -v Determmatlon. . . The Commission shall review an 

Applicant's prior activities, criminal record, reputation, habits and 

associations to make a finding concerning the eligibility of a 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 30 
Management Entity, Controlling Shareholder, Key Employee, or 

Primary Management Official for employment in a Gaming 

Operation. With respect to a Management Entity or Controlling 

Shareholder, the Commission may consider, as part of its eligibility 

determination, previous oral representations made to members of 

the Tribe, the Commission or the Board by the Applicant. 

Section 4.04 Procedures Fonvara Key . . 

Em~lovees and Primary Mana~ement Officials to the National 

(a) When a Key Employee or Primary Management Official 

commences work at a Gaming Operation, the Commission 

shall within a reasonable period of time forward to the NIGC 

a completed application for employment for such Key 

Employee or Primary Management Official, conduct all 

necessary background investigations, and make the eligibility 

determination referred to in Section 4.03B. 

(b) The report referred to in Section 4.05 shall be submitted to 

the NIGC within sixty (60) days after a Key Employee or 

Primary Management Official commences work at a Gaming 

Operation or within sixty (60) days of the approval of this 

Ordinance by the Chairman. 

(c) No Gaming Operation shall continue to empIoy as a Key 

Employee or Primary Management Official any Person who 

does not have a License within ninety (90) days of 

commencing work at a Gaming Operation. 

Section 4.05 I~uiijm G- CO-. . . 

(a) Pursuant to the procedures set out in Section 4.04, the 

Commission shall prepare and forward to the NIGC a report 

on each background investigation conducted by the 

Commission and relevant to the issuance of a License. Such 

report shall, at a minimum, include all of the following: 

(1) steps taken in conducting the background 

investigation; 

(2) results obtained; 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 31 
(3) conclusions reached by the Commission; and 

Section BPh 

(4) the Commission's basis for those conclusions. 

(b) The Commission shall submit with the report a copy of the 

eligibility determination made pursuant to Section 4.03B. 

(c) If a License is not issued to an Applicant, the Commission: 

(i) shall notify the NIGC; and 

(ii) may forward copies of its eligibility determination and 

any relevant report regarding a background 

investigation of the Applicant to the NIGC for 

inclusion in the Indian Gaming Individuals Records 

System. 

(d) With respect to Key Employees and Primary Management 

Officials, applications for employment and reports of 

background investigations shall be retained for inspection by 

the Chairman or his designee for no less than three (3) years 

from the date of termination of employment of each Key 

Employee or Primary Management Official. 

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

required applications and reports, the NIGC 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, the Commission may issue a License to 

such Applicant. 

(b) The Commission shall respond in a timely manner to 

requests for additional information from the Chairman 

concerning Key Employees or Primary Management Officials 

who are the subject of any report filed with the NIGC by the 

Commission. Any such request by the Chairman shall 

suspend the thirty (30) day period referred to in this Section 

until the Chairman receives the additional information 

requested. 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 32 
(c) If, within a thirty (30) day period after the NIGC receives all 

required applications and reports, the NIGC 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 Commission has submitted an 

application and all required reports to the NIGC, the 

Commission shall reconsider the application, taking into 

account the itemized by the objections of the MGC. The 

Commission shall make the final decision whether to issue a 

License to such Applicant. 

Section 4.07 License Revocation and Suspension Following! Receiwt pf 

(a) If, after the issuance of a License, the Tribe receives 

information from the NIGC indicating that a Management 

Entity or Controlling Shareholder, Key Employee, or Primary 

Management Official is not eligible for employment under 

Section 4.02 of this Ordinance, the Commission shall 

suspend such License, shall notify the Licensee in writing of 

such suspension and the potential revocation of the 

Licensee's License, and shall conduct a hearing in accordance 

with the Rules regarding the proposed License revocation. 

(b) After a hearing, the Commission shall revoke or reinstate a 

License suspended pursuant to subsection (a) of this Section. 

The Commission shall notify the NIGC of its decision. A 

decision of the Commission to revoke a License after the 

hearing called for by subsection (a) of this Section shall be 

final and there shall be no appeal. A Management Entity 

whose License has been revoked or suspended pursuant to 

this Section may not operate a Gaming Operation. 

CHAPTER V 

MANAGEMENT CONTRACTS 

Section 5.01 Commission Ap~roval Reauired. 

(a) Other than the Management and Economic Development 

Agreement with British American Bingo, Inc., dated October 

11,1991, any Management Contract entered into by the Tribe 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 33 
must first be submitted to the Commission for approval, but, 

before approving such Management Contract, the 

Commission shall require and obtain the following 

information: 

(1) the name, address, and other additional pertinent 

background information of each Person having any 

direct financial interest in, or management 

responsibility under such Management Contract, and, 

in the case of a corporation which is a party to such 

Management Contract, the name, address, and other 

pertinent information of each individual who serves 

on the board of directors of such corporation and each 

stockholder, who directly or indirectly, holds five (5) 

percent or more of issued and outstanding stock of said 

corporation; 

a desaiption of any previous experience that each 

Person listed pursuant to subsection (a)(l) of this 

Section has had regarding any contracts with Indian 

tribes (whether related to gaming or not) or with the 

gaming industry generally, including, but not limited 

to, the name and address of any licensing or regulatory 

agency with which such Person has had contact 

relevant to gaming; and 

(3) a complete financial statement of each Person listed 

pursuant to subsection (a)(l) of this Section. 

(b) Any Person listed pursuant to subsection (a)(l) of this Section 

shall be required to respond to any written or oral questions 

that the Commission may propound in accordance with its 

responsibilities under this Section. 

(c) After the Commission has approved a Management Contract, 

the Commission shall, subject to approval by the Board, 

submit such Management Contract to the NIGC for its 

approval. No such Management Contract shall be valid until 

it has been approved by the NIGC. 

Sectim5Q2 The Commission may 

recommend approval of any Management Contract only if it 

determines that such Management Contract provides: 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 34 
(a) for the maintenance of adequate accounting procedures for 

any Gaming Operation contemplated under such 

Management Contract, and for verifiable financial reports to 

be prepared for the Board on a monthly basis by the managers 

of any Gaming Operation contemplated under such 

Management Contract; 

(b) for full access by Tribal officials to Gaming Operations 

conducted pursuant to the Management Contract; such 

officials shall have the right to verify the daily Gross 

Revenues from any such Gaming Operations; 

(c) for a minimum guaranteed payment to the Tribe that shall be 

paid prior to development and construction costs; 

(d) for a contract tenn not to exceed five (5) years, except that, 

upon the request of the Tribe, the Commission may 

authorize a contract term that exceeds five (5) years, but does 

not exceed seven (7) years, if the Commission is satisfied that 

the capital investment required, and the income projections 

for the particular gaming activity require additional time; 

(e) for grounds and mechanisms for terminating such 

Management Contract; provided, however that such 

termination shall not require approval of the Commission or 

the Board; and 

(f) for preference to members of the Tribe and their spouses, and 

those contributing to the maintenance of a tribal household, 

in the hiring of employees for any Gaming Operation 

conducted pursuant to the Management Contract. 

Section 5.03 Percentage - of - Net-Revenue fee^ . A Management Contract 

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

a Gaming Operation may be approved by the Commission, if such 

percentage fee is reasonable in light of surrounding circumstances. 

Except as provided in this Section, such fee shall not exceed thirty 

(30) percent, in the aggregate, of the Net Revenues of any Gaming 

Operation. 

Section 5.04 Contract Disavvroval. The Commission shall not recommend for 

approval any Management Contract if it determines that: 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 35 
(a) any Person listed pursuant to Section 5.01(a)(I) 

(1) is a member of the Board or the Commission at such 

time said Management Contract is being considered for 

approval, 

(2) has been, or subsequently is, convicted of any felony or 

any gaming offense, 

(3) has knowingly and willfully provided material false 

statements or information to the Commission or to 

officials of the Tribe, or has refused to respond to 

questions posed pursuant to Section 5.01@), or 

(4) has been determined to be a Person whose prior 

activities, criminal record or reputation, habits, or 

associations pose a threat to the public interest, or to 

the effective regulation and control of Gaming, or 

create or enhance the dangers of unsuitable, unfair, or 

illegal practices, methods, and activities in the conduct 

of Gaming or the carrying on of the business and 

financial arrangements incidental thereto; 

(b) any party to the Management Contractor has interfered or 

influenced (or attempted to interfere or influence) for its gain 

or advantage any decision or process of Tribal government 

relating to Gaming; 

(c) any party to the Management Contract fails to comply with 

the terms of the Management Contract or the provisions of 

this Ordinance, the Rules, the Compact or IGRA; or 

(dl any party to the Management Contract fails to obtain any 

required License. 

Section 5.05 . . odxeating&e Co-. The Commission, after 

notice and hearing, shall have the authority to require 

modifications to any Management Contract. If the Commission 

determines that any of the provisions of this Ordinance, the Rules, 

the Compact or IGRA have been violated by any party to the 

Management Contract, the Commission may terminate the 

Management Contract. Such termination shall be effective 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 36 
immediately upon the decision of the Commission to effect such 

termination and the affected parties may be excluded from any 

Gaming Operation; however, the party to the contract may appeal 

such termination pursuant to procedures contained in the Rules. 

Such appeal rights are limited and shall under no circumstances be 

considered an express waiver of sovereign immunity within the 

meaning of Section 2.35 of this Ordinance. 

Section 5.06 Conve-vin~ Interest in Land. No Management Contract shall 

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

other real property owned, controlled by, or held in trust for the 

Tribe. 

Section 5.07 Fees for Investieation Cost The Commission shall require all 

parties to the Management Contract, other than the Tribe, to pay a 

fee to cover the cost of the investigation necessary to reach the 

determinations in Section 5.02 and Section 5.04 of this Ordinance. 

CHAPTER VI 

AUDITING AND INTERNAL CONTROL 

Section 6.01 Pro-es for Control of I-. The 

Commission shall promulgate Rules governing the control of 

internal fiscal affairs of all Gaming Operations. At a minimum, 

such Rules shall: 

(a) prescribe minimum procedures for the safeguarding of a 

Gaming Operation's assets and revenues, including recording 

of cash and evidence of indebtedness, and mandatory count 

procedures. Such Rules shall establish a controlled 

environment, accounting system, and control procedures 

that safeguard the assets of the Gaming Operation, assure that 

operating transactions are properly recorded, promote 

operational efficiency, and encourage adherence to prescribed 

policies; 

(b) prescribe minimum reporting requirements to the 

Commission; 

(c) provide for the adoption and use of internal audits conducted 

in accordance with generally accepted accounting principles 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 37 
by internal auditors licensed or certified to practice public 

accounting in the State of Oregon; 

(d) formulate a uniform code of accounts and accounting 

classifications to assure the consistency, comparability and 

effective disclosure of financial information. Such a code 

shall require that records be retained that reflect statistical 

drop (amount of cash wagered by Patrons), statistical win 

(amount of cash won by the Gaming Operation), and the 

percentage of statistical win to statistical drop, or provide 

similar information for each type of game in each Gaming 

Operation; 

(e) prescribe the intervals at which such information shall be 

furnished; 

(f) provide for the maintenance of documentation, (i.e., 

checklists, programs, reports, etc.), to evidence all internal 

work performed as it relates to the requirements of this 

Section; and 

(g) provide that all financial statements and documentation 

referred to in this Section be maintained for a minimum of 

five (5) years. 

Section 6.02 of Internal. The Commission shall require 

independent audits of the financial statements of all Gaming 

Operations. Such independent audits must:2 

(a) be made according to generally accepted accounting principles 

by independent accountants licensed or certified to practice 

public accounting in the State of Oregon; 

(b) include an opinion, qualified or unqualified, or if 

appropriate, disclaim an opinion on the financial statements 

taken as a whole in accordance with standards of the 

accounting profession established by rules and regulations of 

the Oregon State Board of Accountancy and the American 

Institute of Certified Public Accountants; 

(c) disclose whether the accounts, records and control procedures 

maintained by the Gaming Operation conform with this 

Ordinance and the Rules; and 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 38 
(d) provide a review of the internal financial controls of the 

audited Gaming Operation to disclose any deviation from the 

requirements of this Ordinance and the Rules and report 

such findings to the Commission and the management of the 

audited Gaming Operations. 

(a) The Commission or the Tribe shall cause to be conducted 

annually an independent audit of Gaming Operations and 

shall submit the resulting audit reports to the MGC. 

(b) All Gaming related contracts that result in the purchase of 

supplies, services, or concessions in excess of $25,000.00 

annually, except contracts for professional legal and 

accounting services, shall be specifically included within the 

scope of the audit described in Section 6.03(a). 

. .. n 6.04 0 Any delay or action of any 

kind which, in the opinion of the Commissioner, is effectuated by 

any Licensee to unlawfully or improperly divert Gaming or other 

proceeds properly belonging to the Tribe, shall constitute grounds 

for taking disciplinary action against that Licensee. If the 

Commission finds an unlawful diversion was attempted, it shall 

sanction the Licensee. Sanctions may include the imposition of 

fines, and/or the revocation, suspension, or limitation of, or refusal 

to renew, any License. 

Section 6.05 Non-Compliance. Failure to comply with the requirements of this 

Chapter, or the Rules promulgated hereunder shall constitute a per 

se violation of this Ordinance. 

CHAPTER VII 

EXCLUSION OR REJECTION OF INDIVIDUALS 

Ce- . . . It shall be a violation of 

this Ordinance for any Licensee to knowingly fail to exclude or eject 

from a Gaming Establishment any individual who: 

(a) is visibly under the influence of liquor, a drug or other 

intoxicating substance; 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 39 
(b) is under the age of eighteen years; 

(c) is displaying disorderly conduct; 

(d) is a known felon; 

(e) is known to have a reputation for cheating or manipulation 

of games; or 

(f) has been personally excluded, or is a member of any group or 

type of persons which has been excluded, for cause from 

Gaming Establishments by a resolution of the Commission. 

Section 7.02 Bight to Exclude or Remove. If the Commission deems it in the 

best interest of the Tribe, the Commission may exclude or remove 

any persons from the premises of any Gaming Operation. Any 

person so excluded shall be entitled to a hearing as provided for by 

the Rules. 

CHAPTER VIII 

PROHIBITED ACTS 

In addition to other civil and criminal acts that 

may be regulated or prohibited by this Ordinance, the Compact, 

other Tribal law or applicable federal law, the following shall 

constitute prohibited activities and/or unauthorized Gaming under 

this Ordinance and shall subject any perpetrator to Commission 

action, including, but not limited to, the imposition of civil 

penalties, referral to appropriate law enforcement authorities for 

criminal proceedings, and/or License suspension or revocation: 

(a) altering or misrepresenting the outcome of Gaming or other 

event on which wagers have been made after the outcome of 

such Gaming or event has been determined but before such 

outcome is revealed to the players; 

(b) placing or increasing a bet or wager after acquiring knowledge 

of the outcome of the Gaming or event which is the subject 

of the bet or wager, including past-posting and pressing bets; 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 40 
aiding anyone in acquiring such knowledge referred to in 

subsection (b) of this Section for the purposes of increasing or 

decreasing any bet or wager, or for the purpose of 

determining the course of play; 

claiming, collecting or taking, or attempting to claim, collect 

or take, money or anything of value in or from a game with 

intent to defraud or claiming, collecting or taking an amount 

greater than the amount actually won in such game; 

knowingly to entice or induce another to go to any place 

where Gaming is conducted or operated in violation of the 

provisions of this Ordinance, with the intent that the other 

person play or participate in such Gaming; 

reducing the amount wagered or canceling a wager after 

acquiring knowledge of the outcome of the game or other 

event which is the subject of the bet or wager, including 

pinching bets; 

manipulating, with intent to cheat or defraud, any 

component or part of a game in a manner contrary to the 

designed and normal operational purpose for such 

component or part, with knowledge that such manipulation 

will affect the outcome of the game, or with knowledge of 

any event that affects the outcome of the game; 

defrauding the Tribe, any Licensee or any participant in any 

Gaming; 

participating in any Gaming not authorized by this 

Ordinance; 

knowingly providing false information or making any false 

statement with respect to an application for employment or 

for any License, certification or determination provided for in 

this Ordinance; 

knowingly providing false or misleading information or 

making any false or misleading statement to the Tribe, the 

Board or the Commission in connection with any contract for 

se~ces orproperty related to Gaming; 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 41 
Section 8.02 

(1) knowingly making any false or misleading statement in 

response to any official inquiry by the Commission or its 

agents; 

(m) offering or attempting to offer any thing of value, to a 

Licensee in an attempt to induce the Licensee to act or refrain 

from acting in a manner contrary to the official duties of the 

Licensee under this Ordinance, the Rules, IGRA or any 

contract related to Gaming; 

(n) acceptance by a Licensee of any thing of value with the 

expectation that receipt of such thing of value is intended, or 

may be perceived as intended, to induce the Licensee to act or 

refrain from acting, in a manner contrary to the official duties 

of the Licensee under this Ordinance, the Rules, IGRA or any 

contract related to Gaming; 

(0) falsifying, destroying, erasing or altering any books, computer 

data, records, or other information relating to a Gaming 

Operation; 

(p) taking any action which interferes with or prevents the 

Commission or the Board from fulfilling its duties and 

responsibilities under this Ordinance, the Rules, IGRA or any 

contract related to Gaming; and 

(q) entering into any contract, or making payment on any 

contract for the delivery of goods or services to a Gaming 

Operation, when such contract fails to provide for or result in 

the delivery of goods or services of fair value for the payment 

made or contemplated. 

Prohibition Against Electronic Aids. Except as specifically permitted 

by the Gaming Monitor, with approval of the Commission, no 

person shall possess, with the intent to use in connection with 

Gaming, either individually, or in concert with others, any 

calculator, computer, or other electronic or mechanical device to 

assist in projecting the outcome or odds of such Gaming, to keep 

track of or analyze cards, or to change probabilities of any game or 

the playing strategies regularly utilized in such Gaming. 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 42 
CHAPTER IX 

NATIONAL INDIAN GAMING COMMISSION 

AND TRIBAL-STATE COMPACTS 

Section 9.Q1 

Notwithstanding any provision in this Ordinance or the Rules, the 

Commission is hereby fully empowered to comply with all 

regulations promulgated by the NIGC, including, but not limited to, 

reporting requirements relating to ordinances, contracts, license 

applications, background checks, and other information. 

Section 9.02 National Indian gamin^ Commission-Assessment. 

Notwithstanding any provision in this Ordinance or the Rules, the 

Commission is hereby fully empowered to comply with all 

assessments authorized by the NIGC. Such assessments shall be 

payable solely from funds of the Tribe derived from Gaming 

Operation revenues. 

of Orem. Notwithstanding any provision 

in this Ordinance or the Rules, the Commission is hereby fully 

empowered to comply with the provisions the Compact, including, 

but not limited to, any licensing, approval, or monitoring 

requirements contained in the Compact. 

CHAPTER X 

MISCELLANEOUS 

Section 10.01 Securitv and Surveillance Each Gaming Establishment must 

provide for reasonable security within the Gaming Establishment at 

all times. All security personnel in a Gaming Establishment must 

be licensed by the Commission. The security and surveillance 

departments of any Gaming Operation must be separate and distinct 

departments. Such departments shall only interact when necessary 

to carry out their official duties. 

Section 10.02 Re-. Each Licensee shall 

obtain, maintain or have access to a current a copy of this Ordinance 

and the Rules on any premises used for Gaming. The Ordinance 

and the Rules shall be produced by the Licensee and shown to any 

Person upon demand. That a Licensee may not have a current copy 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 43 
of the Ordinance or the Rules, shall not in any way diminish the 

Licensee's obligation to abide by the Ordinance or the Rules. 

Sm with Other. The construction, maintenance and 

operation of any Gaming Operation shall be in a manner which 

protects the environment, public health and safety, and shall 

comply with all applicable Tribal and federal laws relating to 

environmental protection and public health and safety including, 

but not limited to, 25 C.F.R. §522.4(b)(7). 

Ssa&hm,a Amendments. All provisions of this Ordinance are subject to 

amendment by the Board. All Rules promulgated by the 

Commission are subject to proper revision, repeal, or amendment 

by the Commission. All amendments to this Ordinance shall be 

effective upon the date of passage by the Board. 

Sev-. If any provision any of this Ordinance, or any portion 

of any provision to this Ordinance, is found to be invalid by any 

court of competent jurisdiction, the full remainder of such 

provision(s) shall not be affected. 

Sm Wordsand Tense, number and gender. In interpreting the 

provisions of this Ordinance, save when otherwise plainly declared 

or clearly apparent from the context: 

(a) words in the present tense shall include the future tense; 

(b) words in masculine, feminine and neuter genders shall include 

all genders; and 

(c) words in the singular shall include the plural, and words in the 

plural shall include the singular. 

Section 10.07 Reped. To the extent that they are inconsistent with this 

Ordinance, all prior gaming laws, rules, ordinances or regulations of 

the Tribe are hereby repealed. 

(a) Any winnings, whether property or cash, which are due and 

payable to a participant in any Gaming Activity, and which 

remain unclaimed at the end of a Gaming session, shall be 

held in safekeeping for the benefit of such participant if his or 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PACE 44 
her identity is known. Such winnings shall be held for 

twelve months or such longer period as the Commission 

deems reasonable in consideration of all relevant facts and 

circumstances. The Commission shall make such efforts as 

are reasonable under the circumstances to locate such 

participant. At the end of the safekeeping period, such 

winnings shall revert to the ownership of the Tribe and shall 

be transferred to the account or place designated by the Board. 

(b) In the event the identity of a participant entitled to 

unclaimed winnings is unknown, the Commission shall use 

its best efforts to learn the identity of such individual and 

shall follow the procedure set forth in Section 10.08 if the 

Commission is able to identify such individual with 

reasonable certainty; provided, however, if after six months 

from the time the winnings were payable, the Commission 

has been unable to identify the individual entitled thereto, 

such winnings shall revert to the ownership of the Tribe. 

Disputes. Any Person who has any dispute, disagreement or 

other grievance with the Gaming Operation that involves currency, 

tokens, coins, or any other thing of value, may seek resolution of 

such dispute from the following persons and in the following order: 

(a) a member of the staff relevant of the Gaming Operation, Cb) the 

supervisor in the area of the relevant Gaming Operation in which 

the dispute arose, (c) the manager of the relevant Gaming 

Operation, and (d) the Commission. 

on KJ&S Re- Dis~utes. When a Person brings a dispute 

for resolution pursuant to Section 10.9, the complainant has the 

right to explain his or her side of the dispute, and to present 

witnesses in connection with any factual allegations. At each level, 

if the dispute remains unresolved, the complainant shall be 

informed of the right to take the dispute to the next higher level as 

set forth in Section 10.9. Resolution of any dispute by the personnel 

of a Gaming Operation shall always involve two or more staff 

members. All disputes, whether resolved or not, shall be reported 

in detail by the staff persons involved to their supervisor, or, in the 

case of the general manager of the Gaming Operation, to the 

Commission. 

Section 10.11 gamin^ Commission Action on Patron Disvutes. All disputes 

which are submitted to the Gaming Commission shall be decided by 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

PAGE 45 
the Commission based on information provided by the 

complainant, including any witnesses for, or documents provided 

by or for, the complainant. The decision of the Commission shall 

be in writing, shall be issued within fourteen (14) days of 

submission of the matter to the Commission, and shall be provided 

to the general manager of the Gaming Operation and to the 

complainant. 

Section 10.12 nt for Service of Process. The Board chairperson shall be 

designated agent for service of process for the Cow Creek Band of 

Umpqua Tribe of Indians. 

COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL GAMING ORDINANCE 

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