SEP 2 5 2001 

Ms. Loretta A. Tuell 

Monteau, Pebbles & Crowell, LLP 

Attorneys at Law 

1001 Second Street 

Sacramento, California 958 14-3201 

RE: Approval to the Buena Vista Rancheria of Me-Wuk Indians Ordinance Amendment 

Dear Ms. Tuell: 

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

the review and approval of the amendment to the Buena Vista Rancheria of Me-Wuk Indians 

(Rancheria) gaming ordinance submitted on August 6, 2001. The amendment to the 

ordinance was adopted by the Rancheria by Resolution No. 2030 on July 31, 2001. The 

Chairman of the NIGC approved the original Ordinance on December 11, 1996. This letter 

constitutes approval of your submission under the Indian Gaming Regulatory Act (IGRA). 

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, over 

which the Tribe exercises jurisdiction. 

We, note also on page 32 of the Ordinance at Section 5.14.1A (2) a typographical error to 

Title VIII which should read Title VJ. Please make the necessary correction. 

Thank you for submitting the amendment to the tribal gaming ordinance of the Rancheria for 

review and approval. The NIGC staff and I look forward to working with you and the 

Community in implementing the IGRA. If you have questions or require further assistance, 

please contact Maria Getoff at 2021632-7003. 

Sincerely yours, 

Montie R. Deer 

Chairman 

NATIONAL HEADQUARTERS 1441 L St NW. Su~te 9100, Wash~ngton, DC 20005 Tel 202.632 7003 Fax- 202 632 7066 WWW.NIGC.GOV 

REGIONAL OFFICES Portland. OR, Sacramento. CA; Phoen~x, AZ, St. Paul. MN, Tulsa. OK 
4650, Coal Mine Rd. 

lone, CA 95640 

Phone 209.274651 2 

DONNAMARIE POTS 

Tribal Chairperson 

FAX 2090274.65 1 4 

Final 7-31-01 

TRIBAL COUNCIL RESOLUTION 

NO. 9030 

A Resolution to Adopt Revisions to the Tribal Gaming Ordinance of the Buena Vista 

Rancheria of Me-Wuk Indians and Resubmit the Ordinance to the NIGC 

WHEREAS, the Buena Vista Rancheria of Me-Wuk Indians (the "Tribe") is a sovereign 

federally recognized Indian Tribe as established pursuant to the Constitution of the 

Buena Vista Rancheria of Me-Wuk Indians; and 

WHEREAS, the Tribal Council of the Buena Vista Rancheria of Me-Wuk Indians is the 

governing body of the Tribe pursuant to Article V, Section 2 of the Tribal 

Constitution; and 

WHEREAS, the Tribal Council is empowered by the Tribal Constitution, Article V, Section 

4(0), to enact laws and codes governing the conduct of individuals and to maintain 

order to protect the safety and welfare of all persons within Tribal jurisdiction; and 

WHEREAS, pursuant to 25 CFR Part 522, the Buena Vista Rancheria of Me-Wuk Indians has 

previously adopted and submitted to the National Indian Gaming Commission 

('NIGC") on May 9,200 1, for review and approval, the Tribal Gaming Ordinance 

of the Buena Vista Rancheria of Me-Wuk Indians (such Ordinance having been 

amended pursuant to a deficiency letter &om the NIGC dated January 24,2001); 

and 

WHEREAS, by letter dated July 26, 2001, the Tribal Council, through its attorneys, requested 

that the NIGC withdraw the Tribal Gaming Ordinance fiom the review process and 

return the same to the Tribe for revisions needed to bring the Tribal Gaming 

Ordinance into compliance with regulatory requirements and to conform the Tribal 

Gaming Ordinance to certain changes that have been incorporated into the Tribe's 

material agreements pertaining to its proposed gaming operations; and 
WHEREAS, the Tribal Council has reviewed and approved the revisions to its Gaming 

Ordinance, as such revisions are set forth in the redlined version of the Gaming 

Ordinance ahached hereto as Exhibit A; and 

WHEREAS, the Tribal Council has determined that it is in the best interest of the Tribe to 

replace in its entirety the Gaming Ordinance previously adopted by Resolution 2022 

with the Gaming Ordinance attached to this Resolution as Exhibit B (final version 

dated July 3 1,200 1) and to adopt such revised Tribal Gaming Ordinance, including 

each Title as listed below: 

Title I Regulation of Class I1 and Class I11 Gaming 

Title I1 Tribal Environmental Code for Class I11 Gaming 

Title 111 Adoption of Federal Occupational Safety and Health Standards for 

the Class I11 Gaming Facility 

Title IV Adoption of the Americans with Disabilities Act Relative to Class 

I11 Gaming Facilities 

Title V Adoption of the FDA 1999 Food Code for the Class I11 Gaming 

Facility 

Title VI Adoption of Federal Safe Drinking Water Standards for the Class 

111 Gaming Facility 

Title VII Adoption of the Uniform Building Code, Uniform Mechanical 

Code, Uniform Plumbing Code, Uniform Electrical Code and other 

Relevant Building and Construction Standards for Development of 

a Class III Gaming Facility 

NOW THEREFORE, BE IT RESOLVED, that the Tribal Council of the Buena Vista 

Rancheria of Me-Wuk Indians hereby adopts the revised Tribal Gaming Ordinance attached 

hereto as Exhibit B (final version July 3 1,2001), and the Tribal Chairperson is authorized to 

execute all documents necessary to implement this Resolution, including resubmission of the 

revised Gaming Ordinance to the NIGC. 

BE IT FURTHER RESOLVED, that the Tribe's attorneys, Monteau, Peebles & 

Crowell, are directed to resubmit the attached Tribal Gaming Ordinance to the National Indian 

Gaming Commission for review and approval pursuant to 25 CFR Part 522. 

[CERTIFICATION FOLLOWS] 
0 8 SELVEY / %I.-/ kl- -1 4 :-{6 -FAX 16 6 1 2 5,S,2,2R8 ", a , mm Kn-r . - 

Rl% will certifL tk~ 6wegoing reaoldn was consided at a oftbc lbii Cod 

of the Booma Vi~ta Ramheria duty called on* a! day of July, 2001, 

aadwasadapdbyawteof md fl tdwtauions. A quorum of 

&=.-PBuena Vista RamLja if &~uk Indians 
This will certfi that the foregoing resolution was considered at a meeting of the Tribal Council 

of the Buena Vista Rancheria o Me-Wuk Indians, duly called on the a / day of July, 2001, 

and was adopted by a vote of A for, 0 against, and a abstentions. A quorum of 3 was present. 

Dated this 31 day of luly, 2001 

i 

Buena Vista Rancheria of Me-Wuk Indians 

Attest: 

Renee D. selvey, Secretary~Treasurer 

Buena Vista Rancheria of Me-Wuk Indians 
Final 7-30-01 

TRIBAL GAMING ORDINANCE 

OF THE 

BUENA VISTA RANCHERIA OF ME-WUK INDIANS 

TITLE I 

REGULATION OF CLASS I1 AND CLASS I11 GAMING 

A law to authorize, license and replate the conduct of Class 11 and Class 111 Gaming within the 

jurisdiction of the Buena Vista Rancheria of Me- Wuk Indians. 

SECTION 1. FINDINGS, INTENT AND POLICY 

1.1 Findings The BUENA VISTA RANCHERIA OF ME-WUK INDIANS ("Tribe" 

or "Tribal") finds that: 

1.1.1 Tribal regulation and control of Gaming within the jurisdiction of the 

Tribe is essential for the protection of public health and welfare of the 

Tribe and visitors to the Tribal community. 

1.1.2 The Tribe has the legal authority to license and regulate any Gaming 

Activity within the jurisdiction of the Tribe. 

1.1.3 Properly licensed and regulated Gaming are in conformance with 

announced Federal policy promoting Indian self-government and Indian 

Tribal economic self-sufficiency. 

1.1.4 It is essential that the Tribal Council regulate Gaming in a manner 

commensurate with applicable Federal, State and Tribal law and policy. 

1.1.5 The present needs of the Tribe are not adequately addressed by State and 

Federal programs including the need for increased employment, training, 

housing, health care, nutrition, educational opportunities, preservation of 

culture, social services and community and economic development. 

1.1.6 Tribal operation and licensing of Gaming is a legitimate means of 

generating revenue to address the aforementioned needs and pursuing the 

Tribe's goals of self-sufficiency and self-determination. 
1.1.7 he State, in recognition of the Tribe's sovereign right and need for 

Gaming, has entered into the Compact pursuant to the terms and 

conditions of the Indian Gaming Regulatory Act. 

1.1.8 As a result of the foregoing, the adoption of a new and expanded Gaming 

Ordinance is in the best interest of the Tribe and State. 

1.2 Intent The Tribal Council, on behalf of the Tribe, declares that the intent of this 

Code is to: 

1.2.1 Regulate, control, and oversee Gaming within the jurisdiction of the Tribe. 

1.2.2 State, declare and otherwise clarify that a License related to Gaming is a 

revocable privilege, not a right. 

1.2.3 Ensure that the operation of Tribally regulated Gaming can continue as a 

means of generating Tribal revenue. 

1.2.4 Ensure that Gaming is conducted fairly and honestly by both Licensees 

and players, and that it remain free from corrupt, incompetent, 

unconscionable and dishonest practices. 

1.2.5 Encourage Tribal economic development and employment opportunities. 

1.2.6 Ensure that all Gaming revenue is used for the benefit of the Tribe and its 

community. 

1.2.7 Ensure that the Tribe provides a fair and impartial forum for the resolution 

of Gaming disputes. 

1.2.8 Ensure that Tribal Gaming laws are strictly and fairly enforced upon 

Persons involved in Gaming Activity within the jurisdiction of the Tribe. 

1.3 Policy 

1.3.1 Tribal Policv of Self-Government The Tribe is firmly committed to the 

principle of Tribal self-government. Consistent with Federal policy, Net 

Revenues received by the Tribe shall be utilized and expended by the 

Tribal Council by resolution and only for the following purposes: 

(1) To fund Tribal government operations or programs. 

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

(3)' To promote Tribal economic development. 
(4) To donate to charitable organizations. 

(5) To help to fund operations of local government agencies, general 

governmental services, the maintenance of peace and good order, 

the establishment of educational systems and programs, and the 

promotion and regulation of economic activities within the 

sovereign jurisdiction of the Tribe. 

I .3.2 Tribal Gaming Policy The establishment, promotion and operation of 

Gaming is a desirable economic activity, provided that such Gaming is 

regulated and controlled by the Tribe pursuant to the TribaVState Compact 

authorized by the Indian Gaming Regulatory Act, and that the Net 

Revenues received by the Tribe are used exclusively for the benefit of the 

Tribe. 

1.3.3 Tribal Ownership of Gaming Facility The Tribe shall have sole 

proprietary interest in and responsibility for the conduct of Gaming 

Facilities and/or Enterprises authorized by this Code. 

1.3.4 Tribal Class I1 Gaming Authorized Class I1 Gaming is authorized as 

defined in the IGRA, P.L. 100-447, 25 U.S.C. Section 2703(7)(A) and by 

regulations promulgated by the NIGC. 

1.3.5 Tribal Class I11 Gaming Authorized Class I11 Gaming is authorized and 

permitted only with respect to the games identified pursuant to Section 

4.1 of the TribalIState Compact as approved by the Secretary of the 

Interior, and played in accordance within the definitions and scope of the 

IGRA, P.L. 100-447, 25 U.S.C. Section 2703(8) and by regulations 

promulgated by the NIGC. 

SECTION 2. DEFINITIONS 

In this Code, except where otherwise specifically provided or the context otherwise 

requires, the following terms and expressions shall have the following meanings: 

2.1 "Adjusted Gross Revenues" means gross revenues less all cash prizes or the 

aggregate price of merchandise prizes, except in the case of the games of draw 

poker and stud poker. Regarding games of draw poker and stud poker, "adjusted 

gross revenues" means the time buy-ins or tournament fees collected by the 

Licensee. 

2.2 "Applicant" means any Person or entity who has applied for a License under the 

provisions of this Code. 

2.3 "Application" means a request for the issuance of a License for employment at a 

Gaming Facility, or for approval of any act or transaction for which approval is 

required or permitted under the provisions of this Code. 
2.4 "Association" means representatives From California tribes, the California State 

Division of Gaming Control and the California Gambling Control Commission as 

established pursuant to Section 2.2 of the Compact. 

2.5 "Authority" means the Buena Vista Economic Development Authority, a body 

corporate and politic and an agency and instrumentality of the Tribe. 

2.6 "Bingo" means the game of chance commonly known as bingo (whether or not 

electronic, computer or other technologic aids are used in connection therewith) 

which is played for prizes, including monetary prizes, with cards bearing numbers 

or other designations, in which the holder of each card covers such numbers or 

designations when objects, similarly numbered or designated, are drawn or 

electronically determined, and in which the game is won by the first Person 

covering a previously designated arrangement of numbers or designations on such 

cards, including (if played in the same location) pull-tabs, lotto, punch boards, tipjars, instant bingo and other games similar to bingo. 

2.7 "Breakage" means the remainder by which the amount payable on each dollar 

wagered exceeds a multiple of ten cents, and in a minus pool, five cents. 

2.8 "Capital Cost" means any disbursement for personal property, the usehl life of 

which is expected to extend beyond one year. 

2.9 "Cash" means any currency commonly accepted as legal tender, including but 

not limited to currency, traveler's checks, credit cards, and electronic debit cards. 

2.10 "Casino" means an establishment in which several Gaming activities or 

enterprises are operated. 

2.11 "Charitable Gaming Ticket" means any game piece used in the play of a paper 

pull tab game, or jar ticket game, or raflle. 

2.12 "Cheating" means a Person's operating or playing in any game in a manner in 

violation of the written or commonly understood rules of the game, with the intent 

to create for himself or someone in privity with him an advantage over and above 

the chance of the game. 

2.13 "Class II Gaming" means those Gaming activities as defined as Class I1 Gaming 

in the IGRA. 

2.14 "Class LII Gaming" means those Gaming activities as defined as Class I11 

Gaming in the IGRA. 
2.15 "Code" means this Tribal Gaming Ordinance of the Buena Vista Rancheria of 

Me-Wuk Indians, as amended. 

2.16 "Compact" means the Gaming compact between the Tribe and the State, as 

authorized by the Indian Gaming Regulatory Act. 

2.17 "Compensation" means all wages salaries, perks, bonuses and all other forms of 

remuneration for services rendered. 

2.18 "Contract" means any legally binding agreement made between a Licensee and 

another Person for the purpose of conducting any form of lawful Gaming 

Activity, or providing goods or services to any lawful Gaming Activity or 

operation. 

2.19 "Council" or "Tribal Council" means the governing body of the Tribe. 

2.20 "Determination of Suitability" means a formal finding by the Tribal 

Commission or State Gaming Agency that the Applicant or Licensee is suitable to 

obtain and/or maintain a License. 

"Employee" means any person who (a) operates, maintains, repairs, assists in any 

Gaming Activity, works in, or is in any way responsible for supervising such 

Gaming Activities or persons who conduct, operate, account for, or supervise any 

such Gaming Activity, (b) is in a category under federal or Tribal gaming law 

requiring licensing, (c) is an employee of the Tribal Gaming Commission with 

access to confidential information, or (d) is a person whose employment duties 

require or authorize access to areas of the Gaming Facility that are not open to the 

public. 

2.22 "Enrolled Tribal Member" means a Person who is enrolled with the Tribe, and 

whose name appears on the tribal membership roll. 

2.23 "Enterprise" means the economic entity that is licensed by the Tribal 

Commission, operates the games, receives the revenues, issues the prizes, and 

pays the expenses. A gaming enterprise may be operated by the Tribe or a 

Management Contractor. 

2.24 "Equipment for Games of Chance" (see "Gaming Device"). 

2.25 "Exclusive License" means a license, which precludes the Tribal Commission 

from issuing to another a license for the same specific form of Gaming during the 

life of the exclusive license. An Applicant must demonstrate and the Tribal 

Commission must find that the issuance of an Exclusive License is in the 

economic interest and welfare of the Tribe. 
2.26 "Financial Source" as that term is used in 8 5.1.4 of the Compact and in this 

Code, means every Person with whom the Tribe enters into an agreement or 

Contract for the purpose of extending financing to the Tribe, the proceeds of 

which are used either directly or indirectly to finance the Gaming Facility or 

Enterprise. 

2.27 "Games of Chance" means any game or activity, which falls within the broad 

definition of Gaming or Gaming Activity. 

2.28 "Gaming" or "Gaming Activity" means any activity, operation or game of 

chance in which any valuable consideration may be wagered upon the outcome 

determined by chance, skill, speed, strength or endurance, and in which any 

valuable prize is awarded to the player so wagering. 

2.29 "Gaming Device" means a slot machine, including an electronic, 

electromechanical, electrical, or video device that, for consideration permits: 

individual play with or against that device or the participation in any electronic, 

electromechanical, electrical, or video system to which that device is connected; 

the playing of games thereon or therewith, including, but not limited to, the 

playing of facsimiles of games of chance or skill; the possible delivery of, or 

entitlement by the player to, a prize or something of value as a result of the 

application of an element of chance; and a method for viewing the outcome, prize 

won, and other information regarding the playing of games thereon or therewith. 

2.30 "Gaming ,Facilityw or "Gaming Establishment" means any building in which 

Class I11 Gaming Activities or Gaming operations occur, or in which the business 

records, receipts, or other funds of the Gaming operation are maintained (but 

excluding offsite facilities primarily dedicated to storage of those records, and 

financial institutions), and all rooms, buildings, and areas, including hotels, 

ancillary businesses, parking lots and walkways, a principal purpose of which is 

to serve the activities of the Gaming operation, provided that nothing herein 

prevents the conduct of Class I1 Gaming (as defined under IGRA) therein. 

2.31 "Gaming Program" means any Tribal program, which oversees one or more 

parts of the operation of Gaming. The Gaming Program must be licensed by the 

Tribal Commission. 

2.32 "Gaming Vendor" means the same as a "Gaming Resource Supplier" as defined 

by the Compact or any Person or entity who, directly or indirectly, manufactures, 

distributes, supplies, vends, leases or otherwise purveys Class I1 Gaming or Class 

I11 Gaming resources to the Gaming Facility, provided that the Tribal 

Commission may interpret this definition to exclude a purveyor of equipment or 

furniture that is not specifically designed for, and is distributed generally for use 

other than in connection of Gaming. 
2.33 "General Manager" means the Person having management responsibilities for 

the Gami,ng Activity, and who shall have access to all areas of the Gaming 

Facility. 

2.34 "Gross devenues" means all gaming and non-gaming revenues collected or 

received from the lawkl Gaming Enterprise. 

2.35 "Immediate Family" means, with respect to the Person under consideration, a 

husband, wife, father, mother, son, daughter, brother, sister, father-in-law, 

mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 

stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother 

or half sister. 

2.36 "Indian Gaming Regulatory Act" or "IGRA" means Public Law 100-497, 102 

Stat. 2426, 25 U.S.C. 552701, el seq. (1988), as amended. 

2.37 "Indian Lands" means: 

2.37.1 Lands within the limits of the Tribe's exterior boundaries, whereby the 

Tribe exercises sovereign jurisdiction over such lands, notwithstanding the 

issuance of any patent and including rights-of-way running through such 

lands; and 

2.37.2 Lands title to which is either held in trust by the United States for the 

beriefit of the Tribe or individual Indian or held by the Tribe subject to 

restriction by the United States against alienation and over which the Tribe 

exercises governmental powers; and 

2.37.3 Real property consisting of approximately 67.5 acres located in the County 

of Amador, State of California, as more specifically described as follows: 

Property commencing at the Northeast corner of Section 19, Township 5 North, Range 10 East. 

M.D.B & M., and thence running West along Section line 578 feet; thence at right angles South 

5280 feet; thence at right angles East 578 feet; thence at right angles North 5280 feet to a place 

of beginning; and 2.37.4 Lands that may be acquired by the Tribe that meet the requirements of 

25 U.S.C. Section 2719 et. seq. 

2.38 "In privity with" means a relationship involving one who acts jointly with 

another or as an accessory before the fact to an act committed by the other or as a 

co-conspirator with the other. 

2.39 "IRS" means the United States Internal Revenue Service 

2.40 "Key Employee" means: 

2.39.1 A Person who performs one or more of the following functions: 
(1) Bingo caller; 

(2) Counting room supervisor and personnel; 

(3) Chief of security, or any Person who supervises or directs other 

employees engaged in providing security or surveillance services; 

(4) Custodian of Gaming supplies or cash; 

(5) Floor manager, manager or General Manager; 

(6) Pit boss; 

(7) Dealer; 

(8) Croupier; 

(9) Approver of credit or whose recommendation in this regard are 

ordinarily sought or followed; or 

(10) Custodian of gambling devices including Persons with access to 

cash and accounting records within such devices; 

2.40.2 If not otherwise included, any other Person whose total cash compensation 

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

2.40.3 If not otherwise included, any other Person who supervises or directs other 

employees engaged in the control of Gaming assets and revenues and 

record keeping, including the recording of cash and evidences in 

indebtedness, and the maintenance, review, or control of the records, 

accounts, and reports of transactions; or 

2.40.4 If not otherwise included, the four most highly compensated Persons in the 

Gaming Facility; or 

2.40.5 Any Applicant or Person the Tribal Commission finds is important or 

necessary to the operation of the Gaming Facility. 

2.41 "License" means the official, legal and revocable permission granted by the 

Tribal Commission to an Applicant to conduct "Licensed" Gaming Activities of 

the Tribe. 

2.42 "Licensee" means the Employee, Key Employee, Primary Management Official, 

Vendor, Enterprise or Facility that has legitimately obtained a valid License. 
2.43 "Lotto" means a form of Gaming in which the revenues derived from the sale of 

tickets or chances are pooled and those revenues or parts thereof allotted by 

chance to one or more chance takers or ticket purchasers. The amount of cash 

prizes or winnings shall be determined by the Licensee conducting the "lottery," 

and a progressive pool is permitted. 

2.44 "Management Contract" means any Contract for the management of Class I1 or 

Class I11 Gaming within the meaning of IGRA and any Contract entered between 

the Tribe and a Vendor, which authorizes the Vendor to manage any Gaming or 

Gaming Facility, including any Contract defined as a Management Contract under 

IGRA by the NIGC. 

2.45 "Management Contractor" means any Person or entity who has entered into a 

Class I1 or Class I11 Gaming Management Contract or is a Vendor who is 

authorized to manage Gaming or Gaming Facility, including any Person who is 

regarded as a Management Contractor within the meaning of IGRA or the NIGC. 

2.46 "National Indian Gaming Commission" or "NIGC" means the National Indian 

Gaming Commission established by the IGRA. 

2.47 "Net Revenues" means Gross Revenues less amounts paid out as prizes and less 

total Gaming related operating expenses, excluding Management Contractor fees. 

2.48 "Participate" in any Gaming means operating, directing, financing or in any way 

assisting in the establishment of or operation of any class of Gaming or any site at 

which such Gaming is being conducted, directly or indirectly, whether at the site 

in Person or off the Reservation. 

2.49 "Person" means any individual, partnership, joint venture, corporation, joint 

stock company, company, firm, association, trust, estate, club, business trust, 

municipal corporation, society, receiver, assignee, trustee in bankruptcy, political 

entity and any owner, director, officer or employee of any such entity or any 

group of individuals acting as a unit, whether mutual, cooperative, fraternal, 

nonprofit, or otherwise, the government of the Tribe, any governmental entity of 

the Tribe or any of the above listed forms of business entities that are wholly 

owned or operated by the Tribe; provided, however, that the term does not include 

the Federal Government and any agency thereof The plural of "Person" is 

"people." 

2.50 "Player" 'means a Person participating in a game with the hope of winning 

money or other benefit, but does not include an Licensee or any assistant of an 

Licensee. 

2.51 "Primary Management Official" means: 
2.51.1 The Person having management responsibility for the overall operation of 

the Enterprise or Facility, or a management contract; or 

2.51.2 Any Person who has authority to: 

(1) Hire and fire employees; or 

(2) Set up working policy for the Gaming Operation; or 

(3) The Chief Financial Officer or other Person who has financial 

management responsibility. 

"Progressive Gaming" means any game in which a cash prize which, not being 

won by any player during any game, is retained and further monetarily enhanced 

by the Licensee or eligible organization, and offered as a prize to players in the 

next game. 

"Pull-tabs, Punchboards and Tip Jars" means a form of Gaming in which 

preprinted cards utilizing symbols or numbers in random order which are 

uncovered by random choice in expectation of cash prizes if prescribed 

combinations of symbols and numbers are revealed. 

"Raffle" means a form of Gaming in which each player buys a ticket for a chance 

to win a prize with the winner determined by a random method. "Raffle" does not 

include a slot machine. 

"Reservation" means lands defined as "Indian Lands" herein. 

"State" means the State of California. 

"State Gaming Agency" means the entity of the State pursuant to the 

Gambling Control Act, pursuant to Division 8 of the Business and Professions 

Code, Chapter 5, Sec. 19800 et. seq. 

"State Gaming Facility Compliance Agent" means the Person appointed 

pursuant to Section 6.4.2(d) of the Compact. 

"Tribal Commissiontt means the Tribe's Gaming Commission described in 

Section 4 of this Code. 

"Tribal Court" means any Court created pursuant to the Tribe's Constitution. 

"Tribe" means the Buena Vista Rancheria of Me-Wuk Indians, including the 

Authority and any other political subdivision, agency or instrumentality thereof. 

"Wager" means the initial bet made in any game. 
SECTION 3. GENERAL PROVISIONS 

3.1 Authority This Code is enacted by the Tribe pursuant to the inherent sovereign 

powers of the Tribe and by the Tribal Council pursuant to Article V, Section 3 of 

the Constitution. 

3.2 Title, Repeal of Prior Laws, and Effect of Repeal. This Code may be cited as 

the "Buena Vista Rancheria of Me-Wuk Indians Gaming Code" or "Code". 

3.2.1 All titles, chapters and sections of the Tribal Code which pertain to 

Gaming and are in effect as of the date that this Code becomes operative, 

are hereby repealed, and all other laws, or parts thereof, inconsistent with 

the provisions of this Code are hereby repealed. 

3.2.2 Repeal of this Code, or any portion thereof, shall not have the effect of 

reviving any prior Law, Ordinance, or Resolution theretofore repealed or 

suspended. 

3.3 Construction. In construing the provisions of this Code, unless the context 

otherwise requires, the following shall apply: 

3.3.1 This Code shall be liberally construed to effect its purpose and to promote 

substantial justice. 

3.3.2 Words in the present tense include the future and past tenses. 

3.3.3 Words in the singular number include the plural, and words in the plural 

number include the singular. 

3.3.4 Words of the masculine gender or neuter include masculine and feminine 

genders and the neuter. 

3.4 Severability. If any section of this Code is invalidated by a court of competent 

jurisdiction, the remaining sections shall not be affected thereby. 

3.5 Effective Date. The Code shall become effective upon the date of its approval 

by the Chairman of the NIGC pursuant to the IGRA. 

SECTION 4. TRIBAL GAMING COMMISSION 
4.1 ~stablishJment The Tribal Council hereby charters, creates and establishes the 

Buena Vista Rancheria of Me-Wuk Indians Tribal Gaming Commission as a 

governmental subdivision of the Tribe. 

4.1.1 The Buena Vista Rancheria of Me-Wuk Indians Tribal Gaming 

Commission shall be referred to throughout this Code as the Tribal 

Commission. 

4.2 Location and Place of Business 

4.2.1 Gaming Facilitv The Tribal Commission shall maintain its headquarters, 

principal place of business and office within the Gaming Facility. 

4.2.2 Other Locations The Tribal Commission may, however, with a majority 

vote from the Tribal Council, establish other places of business in such 

other locations as the Tribal Commission may from time to time determine 

to be in the best interest of the Tribe. 

4.3 Duration The Tribal Commission shall have perpetual existence and succession 

in its own name, unless dissolved by the Tribal Council pursuant to Tribal law. 

4.4 Attributes As a governmental subdivision of the Tribe, the Tribal Commission is 

under the directive and control of the Tribal Council, but it is the purpose and 

intent of the Tribal Council that the operations of the Tribal Commission be 

conducted on behalf of the Tribe for the sole benefit and interests of the Tribe, its 

members and the residents of the Reservation. 

4.4.1 Arm of Tribe In carrying out its purposes under this Code, the Tribal 

Commission shall hnction as an arm of the Tribe. 

4.4.2 Tribal Actions Notwithstanding any authority delegated to the Tribal 

Commission under this Code, the Tribe reserves to itself the right to bring 

suit against any Person or entity in its own right, on behalf of the Tribe or 

on behalf of the Tribal Commission, whenever the Tribe deems it 

necessary to protect the sovereignty, rights and interests of the Tribe or the 

Tribal Commission. 

4.5 Recognition as a Political Subdivision of the Tribe. The Tribe, on behalf of the 

Tribal Commission, shall take all necessary steps to acquire recognition of the 

Tribal Commission as a political subdivision of the Tribe, recognized by all 

branches of the United States Government as having been delegated the right to 

exercise one or more substantial governmental hnctions of the Tribe. 

4.6 Sovereign Immunity of the Tribal Commission 

4.6.1 Authority The Tribal Commission is clothed by Federal and Tribal law 
with all the privileges and immunities of the Tribe, except as specifically 

limited by this Code, including sovereign immunity from suit in the State, 

Federal or Tribal Court. 

4.6.2 No Waiver Nothing in this Code shall be deemed or construed to be a 

waiver of sovereign immunity of the Tribal Commission from suit, which 

shall only be waived pursuant to subsection 4.7 below. 

4.6.3 No Consent to Jurisdiction Nothing in this Code shall be deemed or 

construed to be a consent of the Tribal Commission 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 Tribal Commission. 

Waiver of Sovereign Immunity of the Tribal Commission. Except as specified 

in Section 4.7.5 below, the sovereign immunity of the Tribal Commission may be 

waived only by express resolutions of both the Tribal Commission and the Tribal 

Council after consultation with its attorneys. 

4.7.1 Resolution Effecting Waiver All waivers of sovereign immunity must be 

preserved with the resolutions of the Tribal Commission and the Tribal 

Council of continuing force and effect. 

4.7.2 Policv on Waiver Waivers of sovereign immunity are disfavored and shall 

be granted only when necessary to secure a substantial advantage or 

benefit to the Tribe and/or the Tribal Commission. 

4.7.3 Limited Nature of Waiver Waivers of sovereign immunity shall not be 

general but shall be specific and limited as to duration, grantee, 

transaction, property or hnds, if any, of the Tribal Commission subject 

thereto, court having jurisdiction pursuant thereto and law applicable 

thereto. 

4.7.4 Limited Effect of Waiver Neither the power to sue and be sued provided 

in subsection 4.7 herein, nor any express waiver of sovereign immunity by 

resolution of the Tribal Commission, shall be deemed a consent to the levy 

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

Commission other than property specifically pledged or assigned, or a 

consent to suit in respect of any land within the exterior boundaries of the 

Reservation or a consent to the alienation, attachment or encumbrance of 

any such land. 

4.7.5 Limited Waiver for Arbitration Actions With the passage of this Code, 

the Tribal Commission and Tribal Council hereby expressly waive the 

sovereign immunity of the Tribal Gaming Commission from suit and 

judgment for Tribal Commission enforcement actions brought under this 

Code, and for disputes arising from Contracts entered into by the 
Authority, the Tribe and/or the Tribal Commission in connection with the 

financing, development, management, and operation of gaming. . 

4.8 Sovereign Immunity of the Tribe. Except as expressly waived in this section 

below, a"d in Title 11, Section 16, all inherent sovereign rights of the Tribe as a 

Federally-recognized Indian Tribe, with respect to the existence and activities of 

the Tribal Council, are hereby expressly reserved, including sovereign immunity 

from suit in any state, Federal or Tribal court. The Tribe, however, does waive its 

sovereign immunity from suit and judgment for disputes arising out of contracts 

entered into by the Tribe, the Authority and/or the Tribal Council in connection 

with the financing, development, management, and operation of gaming. 

4.9 Assets of the Tribal Commission The Tribal Commission shall have only those 

assets specifically assigned to it by the Tribal Council or acquired in its name by 

the Tribe br by it on its own behalf. No activity of the Tribal Commission nor any 

indebtedness incurred by it shall implicate or in any way involve any assets of 

tribal members or the Tribe not assigned in writing to the Tribal Commission. 

4.10 Tribal Commission Membership 

4.10.1 Number of Commissioners The Tribal Commission shall be comprised of 

three (3) Tribal Gaming Commissioners. 

4.10.2 Organization The Commission will consist of a Chairman and two (2) 

Commissioners. 

(1) The Chairman shall direct Tribal Commission meetings, be the 

supervisor, and be responsible for day-to-day operations of the Tribal 

Commission. 

(2) The Chairman shall be the agent for service of process. 

(3) The Tribal Commission shall keep minutes of meetings and provide a 

copy to the Tribal Council. 

4.10.3 Oualifications for Tribal Commission Positions 

(1) Preference shall be given to Enrolled Tribal Members. 

(2) Must pass the scrutiny of a background check pursuant to 4.10.5 

below. 

(3) Tribal Commissioners shall have expertise, experience, education 

or a combination thereof in the following areas: finance, 

management, legal, business, governmental regulation, and Tribal 

policy and law. 
(4)' Tribal Commissioners shall be at least twenty-five (25) years of 

age. 

4.10.4 Date of Appointment The Tribal Council shall appoint the initial Tribal 

Commissioners as soon as practically possible following the adoption of 

this Code; subsequent appointments shall be made annually thereafter at 

the Tribal Council meeting held during the month of the anniversary date 

of the initial appointment(s). 

4.10.5 Background Check Prior to the time that any Tribal Commission member 

takes office on the Tribal Commission, the Tribe shall perform or arrange 

to have performed a comprehensive background check on each 

prospective member. No Person shall serve as a Commissioner if 

(1) His/Her prior activities, criminal record, if any, or reputation, 

habits or associations: 

(i) Pose a threat to the public interest; or 

(ii) Threaten the effective regulation and control of Gaming; or 

(iii) Enhance the dangers of unsuitable, unfair, or illegal 

practices, methods, or activities in the conduct of Gaming; 

or 

(2) HeIShe has been convicted of or entered a plea of nolo contendere 

to a felony of any jurisdiction or to a misdemeanor involving 

dishonesty or moral turpitude in any jurisdiction; or 

(3) HeIShe has a direct monetary or financial interest in the conduct of 

any Gaming Enterprise or is in privity with a Management 

Contractor; or 

(4) HeIShe is presently a member of the Tribal Council. 

4.11 Term of Oflice The frrst Tribal Commission shall be appointed as follows: the 

Chairman shall be appointed for three (3) years; a Commissioner appointed for 

two (2) years; and a Commissioner appointed for one (1) year. Upon the 

expiration of the first terms, each Commissioner thereafter shall be appointed for 

three (3) year staggered terms. 

4.12 Ex-Officio Members At the direction of the Tribal Council, any member of the 

Tribal Council, Tribal or Bureau of Indian Affairs employee, or any other Person 

may be designated to Participate, without vote, in Tribal Commission meetings. 
4.13 Meetings 

4.13.1 Regular Meetings The Tribal Commission shall meet formally each 

Monday. Nothing in this Code shall prohibit the Commission from 

authorizing telephone and off-site meetings. 

4.13.2 Special Meetings Special meetings may be called at the request of the 

Tribal Council or the Chairman of the Tribal Commission. 

4.13.3 Quorum A quorum for all meetings shall consist of two (2) members. 

4.13.4 Voting All questions arising in connection with the actions of the Tribal 

Commission shall be decided by majority vote. 

4.14 Compensation of Commissioners The compensation of Commissioners shall be 

established by the Tribal Council. 

4.15 Removal of Members or Vacancies 

4.15.1 Removal A Commissioner may be removed by the Council for the 

following reasons: serious inefficiency, neglect of duty, malfeasance, 

misfeasance, nonfeasance, misconduct in ofice, or for any conduct which 

threatens the honesty and integrity of the Tribal Commission or otherwise 

violates the letter or intent of this Code. 

4.15.2 Due Process Except as provided below, no Commissioner may be 

removed without notice and an opportunity for a hearing before the 

Council, and then only after the Commissioner has been given written 

notice of the specific charges at least ten (10) days prior to such hearing. 

At any such hearing, the Commissioner shall have the opportunity to be 

heard in Person or by counsel and to present witnesses on his behalf. 

4.15.3 Temporary Sus~ension If the Council determines that immediate 

suspension of a Commissioner is necessary to protect the interests of the 

Tribe, the Council may hold a hearing with the Commissioner to suspend 

the Commissioner temporarily, and the question of permanent removal 

shall be determined thereafter pursuant to Tribal Commission hearing 

procedures pursuant to 4.16.2 herein. 

4.15.4 Written Record A written record of all removal proceedings together with 

the charges and findings thereon shall be kept by the Tribal Secretary. 

4.15.5 Removal Final The decision of the Tribal Council upon the removal of a 

Commissioner shall be final. 
4.15.6 Vacancies If any Commissioner shall die, resign, be removed or for any 

reason be unable to serve as a Commissioner, the Council shall declare 

hislher position vacant and shall appoint another Person to fill the position 

within thirty (30) days of the vacancy. The terms of office of each Person 

appointed to replace an initial Commissioner shall be for the balance of 

any un-expired term for such position provided, however, that any 

prospective appointee must meet the qualifications established by this 

Code. 

4.16 Conflict of Interest No Person shall serve as a Commissioner if helshe or any 

member of hislher Immediate Family has an ownership, partnership or other 

direct financial interest, other than a regular salary interest, in any Gaming 

Enterprise, or if helshe has any other Personal or legal relationship which places 

hirnlher in a conflict of interest. 

4.17 Powers of the Tribal Commission In hrtherance, but not in limitation, of the 

Tribal Commission's purposes and responsibilities, and subject to any restrictions 

contained in this Code or other applicable law, the Tribal Commission shall have, 

and is authorized to exercise by majority vote, the following powers in addition to 

all powers already conferred by this Code: 

4.17.1 To reasonably inspect and regulate all Gaming within the jurisdiction of 

the Tribe, provided that the Commission does not make management 

decisions as to the day-to-day operations of the Gaming Enterprise. 

4.17.2 To investigate any reported violations of this Code, the Compact, or any 

other applicable law regarding Gaming within the jurisdiction of the Tribe. 

4.17.3 To act as liaison with the NIGC and the California Division of Gambling 

Control and the California Gambling Control Commission. 

4.17.4 To publish and distribute copies of this Code and Tribal Commission rules 

and regulations and any Tribal Council, Tribal Commission or Tribal 

Court decisions regarding Gaming matters. 

4.17.5 To prepare and submit for Tribal Council approval proposals, including 

budget and monetary proposals related to the operation of the Tribal 

Commission, which could enable the Tribe to better carry forth the 

policies and intent of this Code. 

4.17.6 To work directly, and only with the Tribal Council with regard to any 

Gaming issues. 

4.17.7 To make or cause to be made reasonable inspections or investigations as it 

deems necessary to ensure compliance with this Code. In undertaking 

such investigations, the Tribal Commission may request the assistance of 
I 

Tribal Gaming staff, Federal and local law enforcement officials, legal 

cdunsel and other third parties. 

4.1 7.8 To request the assistance of various consultants and experts, as required. 

4.17.9 To arrange for training of Tribal Commission members and employees in 

areas relating to the regulation or operation of Gaming. 

4.17.10 Upon prior explicit resolution and approval of the Tribal Council, to 

employ such advisors as it may deem necessary. Advisors may include, 

but are not limited to, lawyers, accountants, law enforcement specialists 

and Gaming professionals. 

4.17.1 1 To promulgate rules and regulations to implement and further the 

provisions of this Code; provided such rules or regulations are approved 

by Tribal Council resolution or ordinance. 

4.17.12 To accept, review, approve or disapprove any Application for a License. 

4.17.13 To consult with and make recommendations to the Tribal Council 

regarding changes in Tribal Gaming laws and policies. 

4.17.14 To examine under oath, either orally or in writing, in hearings or 

otherwise any Person or agent, officer or employee of any Person, or any 

other witness with respect to any matters related to this Code, including 

enforcement of tribal Gaming laws, regulations, and policies, and to 

compel by subpoena the attendance of witnesses and the production of any 

books, records, and papers with respect thereto. 

4.17.15 To make, or cause to be made by its agents or employees, an examination 

or investigation of the place of business, equipment, facilities, tangible 

Personal property and the books, records, papers, vouchers, accounts, 

documents and financial statements of any Gaming operating, or suspected 

to be operating, within the jurisdiction of the Tribe. 

4.17.16 To delegate to an individual member of the Tribal Commission, or to an 

individual member of the Tribal Council, or Tribal staff, such of its 

functions as may be necessary to administer these ordinances efficiently; 

provided, that the Tribal Commission may not re-delegate its power to 

exercise any of the substantial governmental functions of the Tribe or its 

power to promulgate rules and regulations; and provided hrther that the 

Tribal Gaming Commission may not delegate to any Person the power to 

permanently revoke a License. 
417.17 T; issue fines and sanctions to the Gaming Facility if it is operating in 

violation of this Code, and report significant violations of the Compact to 

the State Gaming Agency. 

4.17.18 To sue or be sued in courts of competent jurisdiction within the United 

States and Canada, subject to Sections 4.6 and 4.7 herein; provided, that 

no suit shall be brought by the Tribal Commission without the prior 

explicit written approval of the Tribal Council. 

4.17.19 To use the seal of the Tribal Gaming Commission or the seal of the Tribe 

with the approval of the Tribal Council. 

4.17.20 To arbitrate, compromise, negotiate or settle any dispute to which it is a 

party relating to the Tribal Commission's authorized activities. 

4.17.21 To exercise the Tribal power to tax, authorized by the Tribal Constitution 

in accordance with a Tribal Council resolution delegating such power to 

the Tribal Commission solely for the purpose of allowing it to charge 

administrative and License Application fees to Gaming License 

Applicants which are reasonably related to the costs of operating the 

Tribal Commission. 

4.17.22 To purchase insurance from any stock or mutual company for any 

property or against any risk or hazard. 

4.17.23 With prior approval of the Tribal Council, to make application and accept 

grants and other awards from private and governmental sources in 

carrying out or fbrthering the purposes of the Tribal Commission or the 

Tribe. 

4.17.24 To establish and maintain such bank accounts as may be necessary or 

convenient. 

4.17.25 To require the filing of any records, forms, and reports and all other 

information desired by the Tribal Council or required by this Code. 

4.17.26To provide for an internal system of record keeping with adequate 

safeguards for preserving confidentiality as deemed necessary by the 

Tribal Commission for retaining records, forms and reports at least three 

(3) years. 

4.17.27 To adopt a schedule of fees to be charged for Licenses. 

4.17.28 To adopt a schedule of fees for services rendered relating to transcripts 

and the fbrnishing or certifying of copies of proceedings, files, and 

records. 
4.17.29 To conduct or arrange for background investigations of all Applicants. 

4.17.30 To discipline any Licensee or Person participating in Gaming by ordering 

immediate compliance with this Code, and to issue an order of temporary 

suspension of any License issued under this Code. 

4.17.3 1 To issue an order of temporary closure of a Gaming Facility in the event 

the Tribal Commission determines that immediate closure is necessary to 

protect assets or interests of the Tribe. 

4.17.32 To become self-regulating whenever the Tribe becomes eligible for a 

certificate of self-regulation under the IGRA. 

4.17.33 To file with the State Gaming Agency a request to be heard on any denial 

of a Determination of Suitability. 

4.17.34 To ask for the assistance of the State Gaming Agency to carry out the 

Class 111 provisions of this Code and to reimburse the State Gaming 

Agency for any costs that it occurs in the provision of this service. 

4.17.35 To assist the Management Contractor in taking all steps necessary and 

appropriate to insure the physical safety of all Tribal Gaming Enterprises, 

their Licensees, patrons and employees. 

4.17.36 Notwithstanding any authority granted herein, the Tribal Commission 

shall endeavor to follow rules, regulations, standards, specification and 

procedures which are consistent with the State Gaming Agency's rules, 

regulations, standards, specifications and procedures adopted pursuant to 

Sections 6.0 through 8.0 of the Compact. 

4.17.37 To enact and adhere to its own internal controls including a Conflict of 

Interest Policy governing Commissioners and Tribal Gaming Commission 

staff. 

4.18 Annual Budget. The Tribal Commission shall prepare an annual operating 

budget for all Tribal Commission activities and present it to the Council by 

October 15 of each year. 

4.19 Tribal Commission Regulations 

4.19.1 Tribal Commission regulations necessary to carry out the orderly 

performance of its duties and powers shall include, but shall not be limited 

to, the following: 
(1) The Minimum Internal Control Standards ("MICS") as issued by 

1 theNIGC; 

(2) Interpretation and application of this Code, as may be necessary to I enforce the Tribal Commission's duties and exercise its powers; 

(3) A regulatory system for overseeing Gaming, including accounting, 

contracting, management and supervision; 

(4) The findings of any reports or other information required by or 

necessary to implement this Code; and 

(5) The conduct of inspections, investigations, hearings, enforcement 

actions and other powers of the Tribal Commission authorized by 

this Code. 

4.19.2 No regulation of the Tribal Commission shall be of any force or effect 

unless it is adopted by the Tribal Commission by written resolution and 

subsequently approved by a resolution of the Tribal Council and both 

resolutions filed for the record in the office of the Tribal Secretary. 

4.20 Right of Entrance; Bi-Monthly Inspection. The Tribal Commission and duly 

authorized officers and employees of the Tribal Commission, during regular 

business hours, may reasonably enter upon any premises of any Licensee or 

Gaming Facility for the purpose of making inspections and examining the 

accounts, books, papers and documents of any such Gaming Facility. 

4.20.1 Aid to Entry The Gaming Facility staff shall facilitate such inspection or 

examinations by giving every reasonable aid to the Tribal Commission 

and to any properly authorized officer or employee. 

4.20.2 Frequency of Inspection A Commissioner or a member of the Tribal 

Commission's staff shall visit each Gaming Facility at least once every 

two weeks during normal business hours for the purpose of monitoring its 

operation. Such visits shall be unannounced. 

4.21 Investigation. The Tribal Commission, upon complaint or upon its own initiative 

or whenever it may deem it necessary in the performance of its duties or the 

exercise of its powers, may investigate and examine the operation and premises of 

any Person or Licensee within its jurisdiction. In conducting such investigation, 

the Tribal Commission shall make no order or final decision without affording 

any affected party with notice and a hearing. 

4.22 (Reserved). 

4.23 Due Process; Notice; Hearings; Examiner The Tribal Commission shall 
provide due process and provide notice and a hearing if it is to utilize any of its 

enforcement capabilities in the administration of its powers and duties hereunder. 

4.23.1 No Hearing. Voluntary Resolution Whenever it shall appear to the 

satisfaction of the Tribal Commission that all of the interested parties 

involved in any proposed hearing have agreed concerning the matter at 

hand, the Tribal Commission may dismiss the issue without a hearing. 

4.23.2 Notice of Hearing The Tribal Commission shall, within 5 days after the 

event giving rise to the concern, provide a written notice setting forth, with 

specificity, the issues to be resolved. 

4.23.3 Hearing The Tribal Commission shall, within 5 days after the notice of 

hearing pursuant to 4.23.2, provide the affected parties the right to present 

oral or written testimony to all people interested therein as determined by 

the Tribal Commission. 

4.23.4 Examiner The Tribal Commission shall act as examiner for the purpose of 

holding any hearing, or the Tribal Commission may appoint a Person 

qualified in the law or possessing knowledge or expertise in the subject 

matter of the hearing to act as examiner for the purpose of holding any 

hearing. Any such appointment shall constitute a delegation to such 

examiner of the powers of the Tribal Commission under this Code with 

respect to any such hearing. 

4.23.5 Decision The Examiner shall render a written opinion within 48 hours of 

the hearing. The decision of the Examiner shall be final: provided, 

however, that the Tribe, the Authority and the Tribal Commission may 

agree by Contract that the rights of a party under a Contract for the 

financing, development, operation and management that may be impaired 

by an action of the Tribal Commission or the Examiner may be subject to 

arbitration and other proceedings in accordance with applicable Contracts. 

SECTION 5. GAMING LICENSES 

5.1 Applicability. 

5.1.1 Every Employee, Key Employee, Primary Management Official, Gaming 

Enterprise, and Gaming Facility that aids, participates or is related to 

Gaming is required to have a current and valid License as issued by the 

Tribal Commission. 

5.1.2 The Tribe will perform background investigations and issue licenses to 

Key Employees and Primary Management Officials according to 
requirements at least as stringent as those in 25 C.F.R. Parts 556 and 558. 

5.1.3 Every Gaming Vendor that provides or receives, or is likely to provide or 

receive at least Twenty-five Thousand Dollars in any twelve (12) month 

period from the Enterprise is required to have a current and valid License 

as issued by the Tribal Commission. 

5.1.4 Any Financial Source is required to have a current and valid 

License issued by the Tribal Commission, provided that any 

Financial Source presently extending financing shall be Licensed 

within Ninety (90) days of execution of this Code. 

5.1.4.1 Exemptions: The following lenders, regardless of their 

relationship to the Tribe, and regardless of whether they would 

otherwise be considered a Financial Source, are exempt from the 

Financial Source licensing requirements of this section: federally 

or state regulated banks; federally or state regulated savings and 

loan institutions; any other federally or state regulated lending 

institution including commercial lenders licensed under Division 9, 

Article 3, 5 22000 et seq. of the California Finance Code; any 

agency of the federal, State or local government; or any investor 

who extends financing, directly or indirectly, to the Tribe in an 

amount less than 10% of the aggregate amount of outstanding 

indebtedness (whether by loans, securities such as bonds or 

otherwise) of the Tribe. 

5.2 Application Procedure 

5.2.1 Submission to Tribal Commission An Applicant seeking a License shall 

submit an Application to the Tribal Commission on such form as the 

Tribal Commission may require. 

5.2.2. Privacy Act and False Statement The application form shall include the 

following notices: 

5.2.2.1. Privacy Act 

In compliance with the Privacy Act of 1974, the solicitation 

of information on this form is authorized by 25 U.S.C. 

2701 et seq. The purpose of the requested information is to 

determine the eligibility of individuals to be employed in a 

gaming operation. The information will be used by 

National Indian Gaming Commission members and staff 

who have need for the information in the performance of 

their official duties. The information may be disclosed to 

appropriate Federal, Tribal, State, local, or foreign law 

enforcement and regulatory agencies when relevant to civil, 
criminal or regulatory investigations or prosecutions or 

when pursuant to a requirement by a tribe or the National 

Indian Gaming Commission in connection with the hiring 

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

gaming license, or investigation of activities while 

associated with a tribe or a gaming operation. Failure to 

consent to the disclosures indicated in this notice will result 

in a tribe's being unable to hire you in a primary 

management official or key employee position. The 

disclosure of your Social Security Number (SSN) is 

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

errors in processing your application. 

5.2.2.2.False Statement 

A false statement on any part of your application may be 

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

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

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

5.2.3 Submission to State Gaming. Agency The Applicant shall also submit an 

application for a Determination of Suitability along with required releases 

to the State Gaming Agency. 

5.2.4 A~~lication Contents At a minimum, and regardless of whether the 

information is relevant for the type of License applied for, the Application 

shall contain the following information: 

(1) The full name (and other names ever used), address, telephone 

number, age, birth date and place, citizenship, gender, and social 

security number or business identification number of the 

Applicant. 

(2) If the Applicant has resided at his current address for less than five 

years, his previous addresses; and if the Applicant has been issued 

more than one driver's license number within the last five years, 

each driver's license number. 

(3) The name, address and telephone number of the Licensee for 

whom he will work and the specific location at which he will be 

employed. A description of the job, task, or service the Applicant 

will provide. 

(4) The names and addresses of the Applicant's Immediate Family. 

(5) The Applicant's criminal and civil record, if any, and an 

explanation of any crimes for which he has been convicted or civil 
suits he has lost, or to which he has entered a plea of no10 

conlendere. 

A disclosure of any judgment rendered against the Applicant. 

The names, addresses and telephone numbers of three references 

who are not related to the Applicant, including at least one 

personal reference for each residence listed under Section 5.2.4(2), 

above. 

A list of the Applicant's previous jobs over the preceding five (5) 

years and his present business affiliations. 

The identity of any ownership interest in any past business 

ventures. 

The disclosure of whether there is a previous contractual 

relationship with an Indian tribe. 

A sworn statement whether the Applicant or any member of hisfher 

Immediate Family has a past or current financial interest in any 

Gaming-related enterprise anywhere. 

A list of all Gaming-related licenses the Applicant has ever applied 

for, whether or not they were granted such license. 

A list of all professional, occupational or business licenses the 

Applicant has ever applied for, whether or not they were granted 

such license. 

A statement of all languages written or spoken. 

Written permission giving the Tribal Commission, any authorized 

State or local law enforcement agency, the State Gaming Agency 

and NIGC or its designees the right to the Applicant's background, 

including his criminal record. 

A complete disclosure of any pending or anticipated civil or 

criminal action against the Applicant. 

A sworn statement that if the License applied for is issued, the 

Applicant will submit to the jurisdiction of the Tribe and the Tribal 

Court. 

A sworn statement that the Applicant will abide by all applicable 

Tribal and Federal laws, regulations and policies. 
(1 9) A photograph of the Applicant taken within the past year. 

(20) A written statement that the information contained in the 

Application is true and correct to the best of Applicant's 

knowledge. 

5.2.5 Business Entities In addition to the relevant information requested in 

5.2.4, business entities shall also submit the following: 

(1) Each of its officers and directors; 

(2) Each of its principle management employees, including any chief 

executive officer, chief financial officer, chief operating officer, 

and general manager; 

(3) Each of its owners or partners, if an unincorporated business; 

(4) Each of its members, if a limited liability company; 

(5) Each of its shareholders who own more than 10 percent of the 

shares of the corporation; and 

(6) Each person or entity that, alone or in combination with others, has 

provided financing in connection with Gaming authorized under 

this Compact. 

5.3 Review of License Application. The Tribal Gaming Commission shall 

thoroughly review and conduct a background investigation for each Tribal 

Gaming License Application sufficient to make a determination of eligibility as 

required under this Code. The Tribal Gaming Commission's review and 

background investigation shall include, but is not limited to the following: 

5.3.1 The Tribal Gaming Commission shall enter into an agreement with the 

Sheriffs department of Amador County, State of California, to take each 

Applicant's fingerprints. Each Applicant shall submit the completed 

fingerprint card along with hislher Application to the Tribal Gaming 

Commission. 

5.3.2 The Tribal Gaming Commission shall review diligently the information 

provided in the Tribal Gaming License Application, including, but not 

limited to, contacting and investigating all resources identified in the 

Tribal Gaming License Application. An authorized Tribal official, 

identified by the Tribal Gaming Commission, shall review an Applicant's 

prior activities, criminal record (if any), reputation, habits, and 

associations in order to make an eligibility determination for key 
employees and primary management officials. For purposes of conducting 

a criminal history check on each Key Employee and Primary Management 

Official (in addition to the check of the criminal history records 

information maintained by the Federal Bureau of Investigation, as 

described below), the Tribal Gaming Commission shall enter into an 

agreement with the Amador County Sheriff's Department for the 

performance of criminal history checks by the Sheriffs Department, and 

the processing, transmission and reporting of information and findings 

relating to such criminal history checks to the Tribal Gaming Commission. 

5.3.3 The Tribal Gaming Commission shall provide a written report as to 

findings and conclusions of the foregoing background investigation, 

including, but not limited to: 

5.3.3.1 Steps taken in conducting diligence; 

5.3.3.2 Results of the conducted diligence; 

5.3.3.3 Conclusions from review of conducted diligence; and 

5.3.3.4 The basis for those conclusions 

5.3.4 The Tribal Gaming Commission shall transmit the Applicant's 

Application, file, and eligibility determination report to the NIGC and the 

State Gaming Agency. 

5.3.5 The Tribal Gaming Commission shall maintain the Applicant's file, 

including applications, background investigation reports, and eligibility 

determination reports, for inspection by the NIGC for no less than three 

(3) years from the date of termination of employment. 

5.3.6 The Tribal Gaming Commission, when it does not license an Applicant, 

shall notify the NIGC and forward copies of the Tribal Gaming 

Commission's eligibility determination report and the investigative report 

(if any). 

5.4 License Application Submission to NIGC. The Tribal Gaming Commission 

shall contract with the Amador County Sherriff s Department to take, receive and 

process fingerprint cards for background investigation purposes. All Tribal 

Gaming License applications submitted to the Tribal Gaming Commission shall 

be forwarded to the NIGC, which shall be the Tribal Gaming Commission's 

authorized, entity for processing fingerprint cards for Federal Bureau of 

Investigation background investigation purposes. The background investigation 

shall, at a minimum, include a check of criminal history records information 

maintained by the Federal Bureau of Investigation. 
5.5 Notification and MOU with NIGC. Prior to the Tribal Gaming Commission 

forwarding License Applications to NIGC pursuant to Section 5.4 above, it shall 

notify the NIGC of the forwarding of Tribal Gaming License applications to 

NIGC and shall enter into a Memorandum Of Understanding ("MOU) with the 

NIGC providing that any and all result obtained from the fingerprint cards for 

background investigation purposes shall be viewed by Tribal government officials 

only. 

5.6 Scope and Types of License 

5.6.1 Gaming Employee License Employee Gaming Licenses are for those 

Employees that deal in an area of Gaming or Cash Handling within the 

Gaming Facility or Enterprise. A License issued pursuant to this section 

shall be effective for only the location, job and employer contained in the 

Application; provided, however, nothing herein shall prohibit a Primary 

Management Official or Key Employee from simultaneously performing 

the duties and responsibilities of more than one position; provided further, 

that the Primary Management Official or Key Employee is performing a 

position that is directly in lineal descent below them in the organizational 

structure of the ~nter~rise and that they are qualified and trained to 

perform the duties of the positions so performed. Dealers may also be 

permitted to deal various card games so long as they are qualified and 

trained to perform the duties of the positions so performed and are 

specifically licensed for those positions. 

5.6.2 Non-Gaming Emplovee License A Non-Gaming Employee License is for 

employees that are not permitted in areas of Gaming, for example, cooks, 

kitchen staff, food servers, or hostess. A License issued pursuant to this 

section shall be effective for only the location, job and employer contained 

in the Application. These Licenses will not require the same level of 

background scrutiny required for Gaming Licenses. 

5.6.3 Part-Time or Full-Time Licenses The Employee's License shall state 

clearly whether the Employee is a part-time or full-time Employee. 

5.6.4 Transferring Licenses A Licensee shall apply to have hislher license 

transferred to a new location by requesting that transfer in writing to the 

Tribal Commission in a manner which details the new job and location. 

5.7 Temporary Licensing Notwithstanding anything herein to the contrary, if the 

Applicant has completed a License Application, the Tribal Commission may 

immediately issue a temporary License if 

5.7.1 The Tribal Commission has conducted a preliminary, local, background 

investigation; and 
5.7.2 Based on the preliminary investigation, the information does not indicate 

that the Applicant has a criminal history. 

5.7.3 Temporary licenses may last no longer than 90 days. 

5.8 License Issuance, Term and Substance 

5.8.1 Issuance Upon completion of the necessary background investigation, and 

after the Tribe has complied with the 30-day NIGC review requirements 

found in 25 C.F.R. 5558.3 and 5558.4, the Tribal Commission may issue a 

License on a conditional or unconditional basis. If the MGC objects to an 

Applicant, the Tribe shall reconsider the Application, taking into account 

the reasons for the objections noted by NIGC. However, the Tribe shall 

have the final word on whether to license an Applicant. Nothing herein 

creates a property right in the License. 

5.8.2 Term Any License issued pursuant to this section shall be effective for a 

period of two (2) years from the date of issuance. 

5.8.3 License Substance The License shall state on its face the name of the 

Applicant, the Tribal Logo, the Licensee who employs him, and the 

license number. It shall also include a photograph of Licensee. 

5.9 License Denial Any Application for a License shall be denied if the Tribal 

Commission, after an adequate review, determines the Application is incomplete 

or deficient, or that the employment of the Applicant poses a threat to the public 

interest or the effective regulation of gaming, or creates or enhances the danger of 

unsuitable, unfair or illegal practices and methods and activities in the conduct of 

gaming,. If the foregoing determinations about the Applicant are made, no 

management contractor or Tribal gaming operation shall employ the Applicant. 

5.10 Renewals A Licensee shall petition to have the License renewed by applying to 

the Tribal Commission for a renewal before the License expires. Applicants may 

be required to provide updated material as requested. 

5.11 Requirement to Produce License Upon Request Licensees must carry the 

License and visibly display the License during working hours and must produce 

the License upon the request of any Person. 

5.12 License Suspension or Revocation of License 

5.12.1 Temporarv Suspension or Revocation The Tribal Commission may 

suspend or revoke a License, after notice and an opportunity for a hearing 

pursuant to Section 4.23 herein, for any of the following reasons: 

(1) The Licensee withheld pertinent information on the Application; 
(2) The Licensee made false statements on the Application; 

(3) The Licensee participated in Gaming that was not authorized by 

any Gaming License or regulatory approvals, and therefore 

deemed illegal; 

(4) The Licensee attempted to bribe a Tribal Council member, 

Commissioner or other Person, in an attempt to avoid or 

circumvent Tribal law; 

(5) The Licensee offered something of value to a Tribal Commission 

member; 

(6) The Licensee knowingly promoted, played or participated in any 

Gaming operated in violation of Tribal or Federal law; 

(7) The Licensee is knowingly involved in the falsification of books or 

records which relate to a transaction connected with the operation 

of Gaming; 

(8) The Licensee violated this Code or the rules and regulations of the 

Tribal Commission; 

(9) The Licensee has been convicted or has entered a plea of nolo 

contendere to any crime involving Gaming, fraud, theft, or 

embezzlement. 

(10) The Licensee has rehsed to comply with any lawful order, inquiry 

or directive of the Tribal Commission, the Tribal Council, the 

Federal Government or any court of competent jurisdiction; 

(1 1) The Licensee has been convicted of, or entered a plea of no10 

contendere to, a crime involving the sale of illegal narcotics or 

controlled substances; 

5.12.2 Procedure for Suspension 

(1) Upon reasonable cause that a violation of the Code has occurred, the 

Tribal Commission or its designee may either undertake an 

investigation of the Licensee, or serve upon such Licensee an order to 

show cause why the Licensee's License should not be revoked, or why 

the Licensee should not be enjoined from conducting Gaming. 

(2) Additionally, if the NIGC notifies the Tribe that it has received reliable 

information indicating that a key employee or primary management 
; official is not eligible for employment under 25 C.F.R. $558.2, the 

Tribal Commission or its designee shall suspend such license and 

noti@ the licensee in writing that hislher license has been suspended 

and may be revoked. 

(3) Such notice shall state the reason for the suspension andlor order, and 

the time and place for the hearing before the Tribal Commission 

pursuant to Section 4.23 herein. 

(4) The Licensee shall have an opportunity to present testimony and crossexamine opposing witnesses, and to present any other evidence as to 

why a revocation order or injunction should not be issued. 

(5) The hearing shall be set for not less than two (2) days or more than 

five (5) days from the date of the notice. The hearing shall be 

governed in all respects in accordance with Tribal law and Tribal 

Commission regulations. Any suspension decision of the Tribal 

Commission after hearing shall be final. The Tribe shall notify NIGC 

of its decision. 

5.13 Enterprise License The Gaming Enterprise authorized by the Compact and this 

Code shall be licensed by the Tribal Commission. The Tribal Commission shall 

automatically issue a License if the following threshold criteria are met: 

5.13.1 The Gaming is located on lands taken into trust after October 17, 1988, as 

a settlement of a claim. 

5.13.2 The Gaming is authorized pursuant to this Code, the Compact and the 

IGRA. 

5.13.3 The Gaming is authorized by a Tribal Council resolution 

5.13.4 The Tribe has the sole proprietary interest and the Management Contract 

is consistent with Tribal and Federal law and is properly approved by the 

Chairman of the NIGC. 

5.14 Facility License The Gaming Facility authorized by the Compact and this Code 

shall be licensed by the Tribal Gaming Commission. 

5.14.1A Facility License shall be issued if the following criteria are met: 

(1) The Tribal Gaming Commission has determined, based on the 

reports of qualified inspectors and a review by the Tribal 

Gaming Commission of all relevant contracts and operational 

policies and procedures, including safety manuals and 
intergovernmental agreements relating to environmental 

protection, health, safety and emergency services, that the 

Gaming Facility has been constructed and shall be maintained 

and operated in a manner that adequately protects the 

environment and the public health and safety. 

(2) The construction, expansion or modification of the Facility 

shall meet the Building and Safety Code pursuant to Title PI/ ;!: -- 

of this Code. 

(3) The construction, expansion or modification of the Facility 

shall meet the standards of the federal American with 

Disabilities Act pursuant to Title IV of this Code. 

(4) Upon the inspection of the health and safety of the building, 

and upon the inspection that all Gaming controls that are 

necessary to insure the integrity of the Gaming are in place, 

the Tribal Gaming Commission shall issue to the Facility a 

Certificate of Occupancy, which shall be reissued upon 

similar inspections every two years. 

5.14.2 Upon the issuance of a Facility License, the Tribal Gaming Commission 

shall forward the License to the State Gaming Agency within ten (10) days 

of issuance. 

5.14.3 The Facility License shall be posted in a conspicuous and public place in 

the Facility at all times. 

5.15 Annual Reports from Management Contractor. Management Contractors 

must file an annual report with the Tribal Commission and the Tribal Council 

between the 15th and the last day of the 12th month duration of each such License 

period. The report include, at a minimum, the following information: 

5.15.1 The name, address and telephone number of the Licensee; 

5.15.2 The names, addresses and titles of all of its current managers of the 

Licensee; 

5.15.3 A description of the Gaming operated and Gross Revenue; 

5.15.4 The name and address of the Person who will be designated as Primary 

Management Official, or new Key Employees over the next License Term; 

5.15.5 Written proof that the Licensee has paid to the National Indian Gaming 

Commission such fees as Federal and Tribal law may require it to pay; 
5.15.6 A sworn statement that the Licensee has complied with requirements of 

the IRS including written notice of customer winning; 

5.15.7 The number of full-time equivalent people, on an annualized basis, 

employed by the operation during the past twelve (12) months, together 

with a projection of the number of full-time equivalent people who are 

expected to be employed during the next license period; 

5.15.8 A sworn statement that the Licensee will continue to comply with all 

Tribal and Federal laws applicable to Gaming; 

5.15.9 The name, address and signature of the agent who will accept service of 

process on behalf of the Licensee, who must reside on the Reservation; 

5.15.10 If the Licensee is a corporation, a copy of any amendment to its articles of 

incorporation, properly certified by the incorporating government, unless a 

current copy has already been filed with the Tribal Commission; and 

5.15.11 If the Licensee is a limited liability company, a copy of any amendment 

to its operating agreement or its articles of organization, properly certified 

by the state in which the company is organized, unless a current copy has 

previously been filed with the Tribal Commission. 

5.16 State Gaming Agency Licensing 

5.16.1 Except as provided in Sections 5.16.2 and 5.16.3 below, the Tribe will not 

employ or affiliate with any Person whose application to the State Gaming 

Agency for a determination of suitability has been denied. 

5.16.2 Notwithstanding Section 5.16.1, the Tribe may employ a Person who has 

been denied for a determination of suitability by the State Gaming Agency 

if: 

(1) The Person holds a valid and current Tribal License; 

(2) The denial by the State Gaming Agency is based on reasons that 

antedate the filing of the Person's initial application to the State 

Gaming Agency; 

(3) The Person is not an Employee of another Gaming Enterprise; 

(4) The Person has been in continuous employ for at least three years by 

the Tribe prior to the effective date of the Compact. 

5.16.3 Notwithstanding Section 5.16.1, the Tribe may employ a Person who has 

been denied for a determination of suitability by the State Gaming Agency 

if 
(1) The Person is an Enrolled Member of the Tribe; 

(2) The Person holds a valid and current Tribal License; 

(3) The denial by the State Gaming Agency is based on reasons that 

antedate the filing of the Person's initial application to the State 

Gaming Agency; 

(4) The Person is not an Employee of another Gaming Enterprise; 

5.17 Miscellaneous Licensing Provisions 

5.17.1 No License shall be sold, lent, assigned or otherwise transferred. 

5.17.2 Each Licensee shall have a copy of the Code and regulations readily 

available for inspection by any Person at each authorized Gaming site. 

5.17.3 The Tribe shall monthly provide the State Gaming Agency with the name, 

badge identification number, and job descriptions of all non-key Gaming 

Employees. 

SECTION 6. BANK ACCOUNTS AND RECORDKEEPING 

6.1 Bank Account The Tribe and/or the Authority, as applicable, shall open a 

separate bank account for the Enterprise and all receipts of each Gaming Activity 

shall be deposited in the account. 

6.2 Record Keeping Accounting records of the Gaming, Enterprise, and Facility 

shall be kept on a double entry system of accounting, maintaining detailed 

supporting and subsidiary records. The Tribe shall maintain the following records 

for not less than three (3) years: 

6.2.1 Revenues, expenses, assets, liabilities and equity for each location at 

which Class I1 and Class 111 Gaming is conducted. 

6.2.2 Daily cash transactions for Gaming, including but not limited to 

transactions relating to each Gaming table, game drop box and game room 

bank. 

6.2.3 All markers, IOU's, returned checks, hold checks or other similar credit 

instruments. 

6.2.4 Individual and statistical game records to reflect statistical drop and 

statistical win for electronic, computer, or other technologically assisted 

games. 
6.2.5 Contracts, correspondence and other transaction documents relating to all 

Gaming Vendors. 

6.2.6 Records of all customer complaints and Tribal Gaming enforcement 

activities. 

6.2.7 All gaming related audits prepared by or on behalf of the Tribe or one of 

its subdivisions. 

6.3 Audit Requirements 

6.3.1 The Enterprise shall provide a copy of an annual independent audit to the 

Tribal Commission, the Tribal Council, the State Gaming Agency, and the 

National Indian Gaming Commission. 

6.3.2 Each contract between the Tribe and another Person for supplies, services 

(other than legal and accounting services) or concessions for a contract 

amount in excess of $25,000 annually shall be subject to an independent 

audit. Such audit shall be solely limited to a monthly printout from the 

accounts payable of the Gaming Operations of the checks rendered. A 

copy of such audit will be provided to the Tribal Gaming Commission, the 

Tribal Council, the Authority, the State Gaming Agency and the National 

Indian Gaming Commission. 

6.4 Notices to the Public 

6.4.1 The Gaming Facility shall have a copy of this Code readily available for 

inspection by any Person at each Gaming Facility. 

6.4.2 The Gaming Facility shall post in a conspicuous location near each game 

an explanation of the rules of play of every game operated or shall 

otherwise provide the public with such an explanation. 

SECTION 7. GAMING ENTERPRISE RESTRICTIONS AND COMPLIANCE 

7.1 Number of ~acilities 

7.1.1 The Tribe may establish and operate not more than two Gaming Facilities, 

and only on those lands on which Gaming may lawfully be conducted 

under IGRA. 

7.1.2 The Tribe may combine and operate in each Gaming Facility any forms 

and kinds of Gaming permitted under the Compact, IGRA and this Code. 
7.2 Gaming Device Restrictions 

7.2.1 Number of Devices The Tribe may offer no more than Two Thousand 

Gaming Devices combined for all Facilities. 

7.2.2 Transferabilitv of Devices The Gaming Enterprise, or any Licensee, is 

prohibited from selling, renting or lending Gaming Devices to any Person 

without prior written approval of the Tribal Commission. 

7.2.3 Transportation of Devices Transportation of a Gaming Device to or from 

the Gaming Facility within California is permissible only if 

(1) The Tribal Commission has issued a permit to transport the 

Device; and 

(2) The Tribal Commission has provided at least ten (10) days notice 

to the local County Sherift and 

(3) The final destination of the Device is a gaming facility of any tribe 

in California with a TribalIState Compact; or 

(4) The final destination is in a state or country whereby the Device is 

otherwise legal; or 

(5) The final destination is located in California for the purpose of 

testing, repair or storage by a Person that is licensed by the State 

Gaming Agency. 

7.3 Gaming Device Technical Standards The technical standards for Gaming 

Devices shall adhere to the Gaming Laboratories International, Incorporated 

("GLI Standard 1 1") standards. 

7.4 Age Restrictions 

7.4.1 No Person under the age of Eighteen (18) shall be employed by the 

Gaming Facility, Management Contractor or the Tribal Commission. 

7.4.2 No Person under Twenty-one (21) years of age shall be employed in the 

service of alcoholic beverages at the Gaming Facility. 

7.4.3 No Person under the age of Twenty-one (21) shall be permitted in any area 

where Gaming is occurring and alcoholic beverages are being consumed. 
7.4.4 No Person under the age of Twenty-one (21) shall be permitted to place 

any wager, directly or indirectly, in any Gaming Activity. 

7.4.5 No Person under the age of Twenty-one (21) shall be permitted in any 

room in which Gaming is being conducted unless the person is en-route to 

a non-gaming area of the Gaming Facility. 

7.5 Methods of Payment 

7.5.1 Gaming chips and other tokens of value may be sold and redeemed by the 

Enterprise and only for full value. 

7.5.2 Consideration to participate in Gaming shall be cash only. No other form 

of consideration shall be allowed unless the Tribal Commission gives prior 

written approval. 

7.6 Compliance requirements 

7.6.1 Evidence of win or loss incurred by a Player must, upon request, be 

provided in such form as will be acceptable to the Internal Revenue 

Service. 

7.6.2 The Enterprise shall pay all fees and file all reports required by law within 

the time prescribed. 

7.6.3 The Enterprise shall respond immediately to all inquiries, subpoenas, or 

orders of the Tribal Commission, the State Gaming Agency, the Tribal 

Council, or the NIGC. 

7.6.4 The Enterprise shall make its premises and books and records available for 

inspection during normal business hours by the Tribal Commission, the 

State Gaming Agency, the National Indian Gaming Commission and 

members of the Tribal Council or their designee. 

7.7 Miscellaneous 

7.7.1 The Enterprise shall provide adequate security to protect the public before, 

during, and after Gaming. 

7.7.2 The Enterprise may not discriminate on the basis of sex, race, color, or 

creed in its employment practices related to Gaming. 
I 

SECTION 8. ENFORCEMENT 

8.1 Jurisdiction Except as provided in this Code or the Compact, the Tribal 

Commission shall have jurisdiction over all violations of this Code. 

8.2 Prohibited Acts In addition to other civil and criminal offenses provided for in 

this Code, the following acts are prohibited by any Person and subject any 

violator to the civil or criminal penalties specified herein: 

8.2.1 Participating in any Gaming, which is not authorized by this Code 

8.2.2 Knowingly making a false statement in connection with any Contract to 

participate in any Gaming Activity. 

8.2.3 Attempting to bribe any Person participating in any Gaming Activity. 

8.2.4 Offering or accepting a loan, financing or other thing of value between a 

Tribal Commission member or employee and any Person participating in 

any Gaming Activity. 

8.2.5 Promoting or participating in any illegal Gaming Activity. 

8.2.6 Failing to keep sufficient books and records to substantiate receipts, 

disbursements and expenses incurred or paid from any Gaming Activity 

authorized pursuant to this Code. 

8.2.7 Falsifying any books or records that relate to any transaction connected 

with any Gaming Activity pursuant to this Code. 

8.2.8 Conducting or participating in any Gaming Activity, which results in 

Cheating. 

8.2.9 Allowing participation in Gaming Activity by or with an intoxicated or 

disorderly Player. 

8.2.10 Allowing or participating in the sale of liquor when such sale is prohibited 

by Tribal law. 

8.2.11 Accepting consideration other than money, tokens or chips for 

participation in any Gaming Activity. 

8.2.12 Using bogus or counterfeit chips or charitable Gaming Tickets, or to 

substitute or use any cards, charitable Gaming Tickets or Gaming 

equipment that has been marked or tampered with. 
8.2.13 ~m~lo~in~ or possessing any cheating device or to facilitate Cheating in 

any Gaming Activity. 

8.2.14 Willfully using any fraudulent scheme or technique to change the odds of 

any game of Chance. 

8.2.15 Soliciting, directly or indirectly, or using inside information on the nature 

or status of any Gaming Activity for the benefit of an individual. 

8.2.16 Tampering with a Gaming Device, attempting to conspire to manipulate 

the outcome or the payoff of a Gaming Device, or otherwise unlawfully 

tampering with or interfering with the proper hnctioning of the machine. 

8.2.17 Alter or counterfeiting a Gaming license. 

8.2.18 Aiding, abetting, or conspiring with another Person knowingly or 

knowingly to cause any Person to violate any provision of this Code or 

any rules and regulations adopted hereunder. 

8.2.19 Operating, using or making available to the public any illegal Gaming 

Device, apparatus, material or equipment. 

8.2.20 Selling, holding out for sale or transporting into or out of the jurisdiction 

of the Tribe any illegal Gaming Device, apparatus, material or equipment. 

8.2.21 Assisting or allowing a Person who is under the age of Twenty-one (21) to 

participate in a Gaming activity. 

8.2.22 Possessing any illegal narcotics or controlled substances on any licensed 

Gaming site. 

8.2.23 Stealing or attempting to steal funds or other items of value from any 

Gaming Facility or from the Tribal Commission. 

8.2.24 Employing any Person at a licensed Gaming Facility whom the Licensee 

knows has been convicted of a Gaming crime or a crime of fraud. 

8.3 Criminal Violation Any Indian who violates or fails to comply with any 

provision of this Code, or who fails or neglects to comply with any order, decision 

of the Tribal Commission, shall be charged and given due process pursuant to 

Section 4.23 herein. If such Indian is found to be guilty of a crime, he may be 

required to pay a fine not to exceed Five Thousand Dollars ($5,000) or be 

incarcerated for not to exceed two (2) years. Each day during which any such 

violation or failure to comply continues shall constitute a separate violation of this 

Code. 
SECTION 9. 

9.1 

Civil Violation Any non-Indian who violates or fails to comply with any 

provision of this Code, or who fails or neglects to comply with any final order of 

the Tribal Commission, shall be charged and given due process pursuant to 

Section 4.23 herein. If the non-Indian is found liable, he may pay a civil fine not 

to exceed Five Thousand Dollars ($5,000) for each violation thereof. Each day 

during which any such violation or failure to comply continues shall constitute a 

separate violation of this Code. The amount of any such civil fine may be 

recovered in a civil action in the Tribal Court. 

Cumulative Fines All civil fines accruing under this Code shall be cumulative 

and a suit for the recovery of one fine shall not bar or affect the recovery of any 

other fine, or judgment, penalty, forfeiture or damages, nor bar the power of the 

Tribal Court to punish for contempt, nor bar any criminal prosecution against any 

officer, director, agent, or employee of any Licensee, or any other Person. 

Purpose of Civil Penalties The civil fines imposed under this Code are intended 

to be remedial and not punitive and are designed to compensate the Tribe for the 

damage done to the peace, security, economy and general welfare of the Tribe and 

the Reservation, and to compensate the Tribe for costs incurred by the Tribe in 

enforcing this Code. The civil fines under this Code are also intended to coerce 

all people into complying with this Code and Tribal Commission regulations and 

not to punish such people for violation of such laws and regulations. 

Civil Action for Penalties In enforcing the civil infraction provisions of this 

Code, the Tribal Commission shall proceed, in the name of the Tribe, against a 

Person for violation of such provision by civil complaint in any court of 

competent jurisdiction, or, if applicable, only in such other forums as the Tribe 

and/or the Authority has agreed to by Contract. The Tribal Commission in such 

action shall have the burden of showing, by the preponderance of the evidence, 

that such Person violated the applicable provision of this Code. 

Seizure and Forfeiture of Property Property utilized in violation of this Code 

shall be subject to seizure and forfeiture by order of the Tribal Commission 

pursuant to such procedures and rules as the Tribal Commission shall promulgate. 

Reporting of Offenders The Tribal Commission, upon final conviction of any 

Person under this subsection, shall report the name of the Person convicted to the 

Tribal Council, State Gaming Board and NIGC. 

GAMING MANAGEMENT 

Management by a Management Contractor 

9 1.1 The Management Contractor, or if no Management Contractor, the Tribe, 

shall identify in writing a Person(s) who shall serve as General Manager of 

the Gaming Enterprise. The General Manager appointed shall undergo a 
badkground check by the Tribal Commission and shall obtain a License 

before commencing work. 

9.1.2 The General Manager shall have access to any area within the Gaming 

Facility in accordance with the limitations defined in Section 2.30. 

9.1.3 The General Manager shall present a written monthly report to the Tribal 

Commission which estimates the number of patrons served, the amount of 

income generated, the numbers of employees working at the 

establishment, a detailed description of any patron complaints and other 

problems experienced at the establishment, a written statement of any 

changes in Primary Management Officials and all bills which are thirty 

(30) days or more past due. 

9.2 Rules and Regulations for Management The Tribal Commission shall, with 

the input and suggestions of Primary Management Officials, promulgate rules and 

regulations or specifications governing the following subjects: 

9.2.1 The enforcement of all relevant laws and rules with respect to the Gaming 

Operation and the Facility; 

9.2.2 Ensuring the physical safety of Enterprise patrons and Employees; 

9.2.3 The physical safeguarding of assets transported to, within, and from the 

Gaming Facility; 

9.2.4 The prevention of illegal activity from occurring within the Gaming 

Facility including employee procedures and surveillance; 

9.2.5 The recording of occurrences that deviate from normal operating policies 

including the following procedure for reporting incidents: 

(1) Specify that security personnel record all incidents, regardless of 

immateriality; 

(2) Require the assignment of a sequential number to each report; 

(3) Provide for permanent reporting in indelible ink in a bound 

notebook; 

(4) Require that each report include the following: 

(i) The record number. 

(ii) The date. 

(iii) The time. 

(iv) The location of the incident 
(v) A detailed description of the incident. 

' (vi) The persons involved in the incident. 

(vii) The security personnel assigned to the incident. 

9.2.6 The establishment of employee procedures designed to permit detection of 

any irregularities, theft, cheating, fraud, or the like; 

9.2.7 Maintenance of a list of persons barred from the Gaming Facility; 

9.2.8 In accordance with section 8.4.1 of the Compact, except as provided in 

subdivision 8.4.1(d) of the Compact, no State Gaming Agency regulation 

shall be effective with respect to the Enterprise unless it has first been 

approved by the Association, and fbrther, the Tribe has had an opportunity 

to review and comment on the proposed regulations. 

9.3 Insurance Requirements Pursuant to the Tribal/State Compact, the 

Management Contractor shall ensure that the Enterprise shall carry a minimum of 

Five Million Dollars ($5,000,000.00) liability insurance to protect the public in 

the event of an accident. 

9.4 IRS Requirements The General Manager shall be responsible for seeing that 

Gaming Activity is managed in accordance with Tribal and Federal law and that 

such Gaming Activity complies with all IRS reporting requirements. 

9.5 Audit Requirements 

9.5.1 Annual Enterprise Audit The Tribal Commission and the General 

Manager of the Enterprise shall obtain an annual independent audit of 

such Enterprise by a certified public accountant using the accounting 

standards for audits of casinos of the American Institute of Certified 

Public Accountants. 

9.5.2 Contract Audits Each contract between the Management Contractor and 

another Person for supplies, services (other than legal and accounting 

seivices) or concessions for a contract amount in excess of Twenty-five 

Thousand Dollars ($25,000) annually shall be subject to an independent 

audit. For the purposes of the previous sentence, the term "services" does 

not include contracts the purpose of which is to extend financing to the 

Management Contractor, the Tribe, or the Enterprise. 

9.5.3 Copies A copy of all such audits shall be provided to the Tribal 

Commission, the Tribal Council, State Gaming Agency and the NIGC. 

9.6 Management Contracts 
9 6.1 Each Management Contract is subject to the prior approval of the National 

Indian Gaming Commission. 

9.6.2 Each Management Contract shall be approved by the Tribal Council. In 

making its selection, the Tribal Council shall review the following: 

Background information on the proposed Management Contractor 

including: its name, its address, the names and addresses of each 

Person or entity having a direct financial interest or management 

responsibility for the proposed management contractor, and (i) in 

the case of a corporation the names and addresses of each member 

of its board of directors and all stockholders who hold directly or 

indirectly ten percent (10%) or more of its issued or outstanding 

stock; and (ii) in the case of a limited liability company, the names 

and addresses of each member and each manager. 

(2) A description of any previous experience that each Person listed in 

subsection above has had with other Gaming contracts with Indian 

Tribes or with the Gaming industry generally, including the name 

and address of any tribal government or licensing agency with 

which such Person has had a contract relating to Gaming. 

(33 A complete financial statement of each Person listed in subsection 

9.6.2(1). 

(4) The Tribal Council shall undertake any additional steps it can to 

determine the character and reputation of each proposed 

management contractor. 

(5) If the Tribal Council, after reviewing the above described 

information, still desires to enter into a management contract with 

the proposed management contractor, such management contract 

shall be placed in writing and submitted to legal counsel for review 

before the Council approves it. 

9.6.3 Any Management Contract approved by the Tribal Council must contain 

at a minimum the following with respect to the Gaming Enterprise to 

which the contract is applicable: 

(1) A provision requiring a monthly financial accounting of the 

Gaming Enterprise's income and expenses. Such reports shall be 

prepared by an independent auditor who is mutually acceptable to 

the Tribe and the Management Contractor. 
(2) A provision guaranteeing the Tribe a minimum guaranteed 

payment that shall always take precedence over the Management 

Contractor's right to recoup development and construction costs. 

(3) An agreed upon ceiling for the Management Contractor's 

development and construction costs. 

(4) A provision that the contract shall not exceed seven (7) years or 

40% of Net Revenues. 

(5) A provision for termination of the Contract and the grounds for 

termination. 

9.6.4 If the Tribal Council is satisfied with the information it receives it shall 

submit its proposed contract along with all of the above-described 

information to the Tribal Commission, State Gaming Agency and to the 

Chairman of the National Indian Gaming Commission for Licensure 

approval. 

SECTION 10. PROCEDURES FOR RESOLVING DISPUTES BETWEEN THE 

GAMING PUBLIC AND GAMING MANAGEMENT 

10.1 General Principles. The Tribe values its customers and intends, at all times, to 

see that questions, concerns, issues, and/or disputes raised by the gaming public 

are addressed in a fair and orderly manner. 

10.2 Initial Dispute Resolution Procedure. 

10.2.1 Members of the gaming public who, in the course of their otherwise 

lawful and proper use of the Tribe's Gaming Facility, have questions or 

concerns about the condition or operation of any part of the Gaming 

Facility, or who otherwise believe themselves to be aggrieved by some 

aspect of the condition or operation of any part of the Gaming Facility, 

shall direct their questions, concerns, or disputes (hereinafter collectively 

"disputes") in the first instance to gaming management at the Gaming 

Facility, either orally or in writing. 

10.2.2 Concerns or disputes shall be raised as soon as reasonably possible after 

the events giving rise to the dispute occur; however, no dispute may be 

raised more than five (5) calendar days after said events take place. 

10.2.3 Gaming management shall develop formal written administrative 

procedures for the processing of patron complaints and disputes, which 

procedures shall be finalized only after Tribal review and approval. The 

final procedures shall include the following minimal requirements: Upon 

learning about a dispute, gaming management shall expediently and 
informally gather sufficient facts to make an initial determination about 

the dispute (i.e whether the dispute has any merit, whether further 

inv~estigation is required, whether to take any corrective action, etc.). 

 am in^ Management shall conduct an investigation, if appropriate, and 

inform the complainant, either orally or in writing, about its initial 

determination as soon as is reasonably practicable. At that time, if the 

complainant indicates that he or she has additional concerns or is not 

satisfied, gaming management shall schedule an informal hearing, if 

practical and appropriate, and thereafter inform the complainant of its final 

determination and inform the complainant that if they are dissatisfied with 

the final determination they may file a complaint with the Tribal Gaming 

Commission, as described below. 

10.3 Formal Dispute Resolution Procedure. 

10.3.1 Complainants who have followed the initial dispute resolution procedure, 

and who are unsatisfied with gaming management's final determination, 

may appeal that determination in writing to the Tribal Gaming 

Commission no later than five (5) days after being in receipt of the 

Gaming Management's final determination. 

10.3.2 The Tribal Gaming Commission may investigate the dispute in any 

manner it chooses. The Commission shall offer the complainant a fair 

opportunity to be heard in person or through counsel about the dispute, 

either before or after it makes its own inquiries. The complainant's 

opportunity to be heard shall take place within thirty (30) days after the 

Commission receives the complainant's written appeal. 

10.3.3 After investigating (if it chooses to do so), and within thirty (30) days after 

affording the complainant an opportunity to be heard, the Gaming 

Commission shall issue a written opinion on the complainant's appeal, and 

shall mail a copy of the opinion to the complainant at hislher last known 

address. 

10.3.4 The decision of the Gaming Commission shall be final. 
TITLE II 

REGULATION OF THE ENVIRONMENT 

FOR CLASS 111 GAMING 

Section 1. Com~liance with A~~licable Law. To the extent the National Environmental 

Policy Act ("NEPA), the California Environmental Quality Act ("CEQA), or other 

environmental laws (collectively, "Environmental Laws") apply to any Project (as that term is 

defined in the Tribal-State Compact between the Tribe and the State of California), the Tribe 

shall take all actions necessary to comply with such Environmental Laws. 

Section 2. Environmental Im~act Re~orts. All environmental reports prepared by or at the 

request of the Tribe in conjunction with a Project shall be made available to Tribal members by 

maintaining copies of the same at the administrative offices of the Tribe. If any Environmental 

Laws apply to a Project, copies of all such reports shall be provided to the governmental entities 

as required by such Environmental Laws. 

Section 3. Intergovernmental Agreements. To the extent that a Project or proposed Project 

requires mitigation of off-Reservation impacts, the Tribe may, by Tribal Council resolution, 

enter into applicable inter-governmental agreements pursuant to the authority set forth in the 

Tribe's Constitution. 

Section 4. Incor~oration of Policies and Pur~oses. In the development and operation of any 

Project, the Tribe shall use its best efforts, consistent with the Tribe's governmental interests, to 

conform to the policies and purposes of NEPA and CEQA, and shall at all times ensure that any 

provisions of such laws or other Environmental Laws that apply to the Tribe or a Project are 

strictly followed. 
TITLE Ill 

ADOPTION OF FEDERAL OCCUPATIONAL SAFETY AND 

HEALTH STANDARDS FOR 

THE CLASS I11 GAMING FACILITY 

The adoption of 29 C.F.R. part 1910 - Occupational Safety and Health Standards and part 1926 

- Safety and Health Regulations for Construction, together will serve to regulate the safety and 

inspection of retail sale, wholesale/commercial and light industrial labor practices, along with the 

standard of tribal labor force protections from hazardous workforce environments and exposure 

to potential contaminants within each of these areas, establishment of contract work hours and 

other labor safety standards as deemed necessary by the tribal government, along with the 

enforcement of these codes including the setting of penalties. 

SECTION 1. ADOPTION BY REFERENCE. 

1.1 Findings. The BUENA VISTA RANCHERIA OF ME-WUK INDIANS ("Tribe" 

or "Tribal") Tribal Council on behalf of the Tribe finds that: 

1.1.1 A certain document, three copies of which are on file in the office of the 

Tribal Secretary, being marked and designated as 29 C.F.R. part 1910 - 

Occupational Safety and Health Standards and part 1926 - Safety and 

Health Regulations for Construction, published by the U.S. Department of 

Labor, Occupational Safety and Health Administration, is hereby adopted 

as the Tribal OSHA Standards, for regulating the safety and inspection of 

retail sale, wholesale/commercial and light industrial labor practices, along 

with the standard of tribal labor force protections from hazardous 

workforce environments and exposure to potential contaminants within 

each of these areas, establishment of contract work hours and other labor 

safety standards as deemed necessary by the tribal government, along with 

provisions for submission of labor contracts, building plans and hazardous 

activity permits for tribal government approval, collection of fees, and 

enforcement of these codes including the setting of penalties, where 

necessary. 

1.2 Inconsistent Codes Repealed. All other codes or portions of codes in conflict 

herewith are hereby repealed in that respect only. 

1.4 Certification of Adoption and Publishing. The Tribal Secretary shall certify the 

adoption of this Tribal Ordinance and cause the same to be published as required 

by law. 
1.4 Effective I Date. This Tribal Ordinance and the rules, regulations, provisions, 

requirements, orders, and matters established and adopted hereby shall take effect 

and be in full force and effect from and after the date of its final passage and 

approval. 
TITLE IV 

ADOPTION OF AMERICANS WITH DISABILITIES ACT 

STANDARDS FOR CLASS I11 GAMING FACILITY 

The adoption of 28 C.F.R. part 35, the Nondiscrimination on the Basis of Disability in State and 

Local Government Services, will serve to effectuate subtitle A of Title I1 of the Americans with 

Disabilities Act f 1990 (104 Stat. 327, Pub. L. 101-336, as amended), which prohibits 

discrimination on the basis of disability by public entities. 

SECTION 1. ADOPTION BY REFERENCE. 

1.1 Findings. The BUENA VISTA RANCHERIA OF ME-WUK INDIANS ("Tribe" 

or "Tribal") Tribal Council on behalf of the Tribe finds that: 

1.1.1 A certain document, three copies of which are on file in the office of the 

Tribal Secretary, being marked and designated as 28 C.F.R. part 35 - 

~~ndiscrimination on the Basis of Disability jn State and Local 

Government Services, is hereby adopted as the Tribal ADA Standards, 

which prohibits discrimination on the basis of handicap in tribally assisted 

programs and activities. 

1.2 Inconsistent Codes Repealed. All other codes or portions of codes in conflict 

herewith are hereby repealed in that respect only. 

13 Certification of Adoption and Publishing. The Tribal Secretary shall certify the 

adoption of this Tribal Ordinance and cause the same to be published as required 

by law. 

4 Effective Date. This Tribal Ordinance and the rules, regulations, provisions, 

requirements, orders, and matters established and adopted hereby shall take effect 

and be in full force and effect from and after the date of its final passage and 

approval. 
TITLE V 

ADOPTION OF THE FDA 1999 FOOD CODE FOR 

A CLASS 111 GAMING FACILITY 

The adoption of the 1999 edition of the "Food Code" regulating the retail sale, commercial and 

institutional service, and vending of food; defining permit holder, person in charge, employee, 

food, potentially hazardous food, food establishment, safe material, sanitation, and other terms; 

and providing standards for employee food safety knowledge, health, and practices; food 

sources, preparation, holding temperatures, and protection; equipment design, construction, 

installation, cleaning, and sanitation; water, and liquid and solid wastes; facilities construction 

and maintenance, and storage and use of poisonous and toxic materials; requiring a permit to 

operate a food establishment; and providing for the restriction or exclusion of employees, the 

examination and condemnation of food, and the enforcement of this code including the setting of 

penalties. 

SECTION 1. ADOPTION BY REFERENCE. 

1.1 Findings. The BUENA VISTA RANCHERIA OF ME-WUK INDIANS ("Tribe" 

or "Tribal") Tribal Council on behalf of the Tribe finds that: 

A certain document, three copies of which are on file in the office of the 

Tribal Secretary, being marked and designated as the Food Code, 1999 

Recommendations of the United States Public Health Service/Food and 

Drug Administration as published by the U.S. Department of Health and 

Human Services, Public Health Service, Food and Drug Administration 

be, and is hereby adopted as, the Food Code of the Tribe, located in the 

State of California; for regulating the design, construction, management 

and operation of food establishments, and providing for plans submission 

and approval and the issuance of permits and collection of fees therefore. 

1.2 Insertions and Changes. That the following provisions are hereby revised as 

follows: 

Paragraph 8-8 11.10(B) Insert (as provided by California law) Paragraph 8- 

8 13.10(B) Insert (as provided by California law) Subparagraph 8-8 1 1.10(B)(2) 

Insert (as provided by California law) 

1.3 Inconsistent Codes Repealed. All other codes or portions of codes in conflict 

herewith are hereby repealed in that respect only. 

1.4 Certification of Adoption and Publishing. The Tribal Secretary shall certify the 

adoption of this Tribal Ordinance and cause the same to be published as required 

by law. 
1.5 Effective Date. This Tribal Ordinance and the rules, regulations, provisions, 

requirements, orders, and matters established and adopted hereby shall take effect 

and be in full force and effect for the period of 36 months from and after the date 

of its final passage and approval. 
TITLE VI 

ADOPTION OF FEDERAL SAFE DRINKING WATER 

STANDARDS 

The adoption of 40 C.F.R. part 141 - National Primary Drinking Water Regulations and part 142 

- National Primary Drinking Water Regulations Implementation, together will serve to regulate 

the safety and inspection of ground and surface water aquifers and public drinking water systems 

on tribal lands. 

SECTION I. ADOPTION BY REFERENCE. 

1.1 Findings. The BUENA VISTA RANCHERIA OF ME-WUK INDIANS ("Tribe" 

or "Tribal") Tribal Council on behalf of the Tribe finds that: 

1.1.1 A certain document, three copies of which are on file in the office of the 

Tribal Secretary, being marked and designated as 40 C.F.R. part 141 - 

National Primaly Drinking Water Regulations and part 142 - National 

Primary Drinking Water Regulations Implementation, published by the 

U.S. Environmental Protection Agency, is hereby adopted as the Tribal 

Safe Drinking Water Standards, for regulating the safety and inspection of 

ground and surface water aquifers and public drinking water systems on 

tribal lands. 

1.2 Inconsistent Codes Repealed. All other codes or portions of codes in conflict 

herewith are hereby repealed in that respect only. 

1.3 Certification of Adoption and Publishing. The Tribal Secretary shall certify the 

adoption of this Tribal Ordinance and cause the same to be published as required 

by law. 

1.4 Effective Date. This Tribal Ordinance and the rules, regulations, provisions, 

requirements, orders, and matters established and adopted hereby shall take effect 

and be in full force and effect from and after the date of its final passage and 

approval. 
TITLE VII 

ADOPTION OF THE UNIFORM BUILDING CODE, UNIFORM 

MECHANICAL CODE, UNIFORM PLUMBING CODE, 

NATIONAL ELECTRICAL CODE AND OTHER RELEVANT 

FEDERAL BUILDING AND CONSTRUCTION STANDARDS 

The adoption of 24 C.F.R. part 200.925~ -- Model Codes, including the Uniform Building Code, 

Uniform Mechanical Code, Uniform Plumbing Code, National Electrical Code and others, 

together will serve to regulate the operational safety and inspection of all relevant building and 

construction activities conducted on tribal lands. 

SECTION 1. ADOPTION BY REFERENCE. 

1.1 Findings. The BUENA VISTA RANCHERIA OF ME-WUK INDIANS ("Tribe" 

or "Tribal") Tribal Council on behalf of the Tribe finds that: 

1.1.1 A certain document, three copies of which are on file in the office of the 

Tribal Secretary, being marked and designated as 5 U.S.C. 552(a) and 1 

CFR part 51 is hereby adopted as the Tribal Uniform Building Code, 

Tribal Uniform Mechanical Code, Tribal Uniform Plumbing Code, Tribal 

Electrical Code and Tribal Building and Construction Standards, for 

regulating the construction of buildings on tribal lands. The 

aforementioned documents are: 

(A)Model Building CodesUniform Building Code, 1997 Edition, including the 

Accumulative Supplement, but excluding Part I-- 

Administrative, including the Appendix of the Code. 

Uniform Plumbing Code, 1997 Edition, excluding Part I-- 

Administration, but including the Appendices of the Code. 

Uniform Mechanical Code, 1997 Edition, but excluding 

Part I--Administrative, but including the Appendices of 

the Code. All available from the International Conference 

of Building Officials, 5360 South Workman Mill Road, 

Whittier, California 90601. 

(B)National Electrical Code, 1999 Edition, NFPA 70, 1993 Edition, 

including appendices. Available from the National Fire Protection 

Association, Batterymarch Park, Quincy, Massachusetts 02269. 

1.1.2 Model Code Com~liance Reauirements. 
(A) When a multifamily or care-type property is to comply with one of the 

I model building codes set forth in paragraph 1.1.1 (A) of this section, 

the following requirements of those model codes shall not apply to 

those properties: 

(i) Those provisions of the model codes that do not pertain to 

residential or institutional buildings; 

(ii) Those provisions of the model codes that establish energy 

requirements for multifamily or care-type structures; 

and 

(iii) Those provisions of the model codes that require or allow 

the issuance of permits of any sort. 

1.1.3 Where the model codes set forth in paragraph 1.1.1 (A) of his section 

designate a building, fire, mechanical, plumbing or other official, the 

Secretary's designee in the HUD Field Office serving the jurisdiction in 

which the property is to be constructed shall act as such official. 

1.1.4 Designation of Model Codes. When a multifamily or care-type property is 

to comply with a model code, it shall comply with one of the model codes 

designated in paragraphs 1.1.3 (A-) of this section, and with any other 

code or codes identified in the same paragraph. However, seismic design 

is a mandatory requirement. In addition, the property shall comply with all 

of the standards that are incorporated into the code or codes by reference. 

By the time of application for insurance or other benefits, the developer or 

other interested party shall notify the Department of the code or group of 

codes to which the developer intends to comply. 

(A) Uniform Building Code; Uniform Plumbing Code and Uniform 

Mechanical Code, 1997 Editions, including the Accumulative 

Supplements to the Building and Mechanical Codes, and the 1992 

Code Changes to the Uniform Plumbing Code, and the National 

Electrical Code, NFPA 70, 1997 Edition. 

(B) The National Electrical Code, NFPA 70, 1999 Edition. 

1.2 Inconsistent Codes Repealed. All articles, titles, chapters, or other codes or 

portions thereof, in conflict herewith are hereby repealed in that respect only. 

1.3 Certification of Adoption and Publishing. The Tribal Secretary shall certify the 

adoption of this Tribal Ordinance and cause the same to be published as required 

by law. 
1.4 Effective Date. This Tribal Ordinance and the rules, regulations, provisions, 

requirements, orders, and matters established and adopted hereby shall take effect 

and be in full force and effect from and after the date of its final passage and 

approval.