/ S 20cc

RESOLUTION NO. PL~7L,-oc

RESOLUTION OF THE PYRAMID LAKE

PAIUTE TRIBE OF THE PYRAMID LAKE RESERVATION

WHEREAS, the Pyramid Lake Paiute Tribe is organized pursuant to

the provisions of § 16 of the Indian Reorganization Act

of June 18, 1934, and possesses attributes of sovereignty

over both its members and its territory including the

sovereign authority to regulate gaming; and

WHEREAS, in accordance with its Constitution and By-Laws, the

Tribe is governed by its Tribal Council; and

WHEREAS, the Tribal Council adopted the Pyramid Lake Paiute Tribe

Gaming Ordinance pursuant to Resolution P.L. 54-97; and

WHEREAS, the regulations of the National Indian Gaming Commission

require the Tribe to adopt procedures for resolving

disputes between the gaming public and the Tribe or its

management ~contractor before a Gaming Ordinance will be

approved; ahd

WHEREAS, the Tribal Council finds that it is appropriate to

delegate to the Tribal Gaming Commission the authority to

resolve such disputes, with a right of appeal to the

Pyramid Lake Tribal Court.

NOW, THEREFORE, BE IT RESOLVED, that the Tribal Council hereby

authorizes the Tribal Gaming Commission to promulgate

necessary regulations in order to resolve any disputes

which arise in connection with lawful gaming activities

conducted pursuant to the Tribal Gaming Ordinance between

the gaming public and the Tribe or its employees or

management contractors, provided that the Tribal Gaming

Commission shall comply with the following minimum

standards:

1. Any disputes which arise between the gaming public

and the Tribe or its management contractors must go

before the Tribal Gaming Commission which shall convene

and hold a hearing within 30 days of receiving notice of

the dispute.

2. The Tribal Gaming Commission shall issue a written

decision within 30 days after the conclusion of the

hearing, and shall grant or deny such relief as is

legally and equitably due, provided that the Tribal

Gaming Commission shall have no authority to award any

monetary relief against any tribal gaming facility unless
such relief is specifically authorized by a separate

resolution of the Tribal Council.

3. Any decision of the Tribal Gaming Commission may be

appealed to the Pyramid Lake Paiute Tribal Court

utilizin~ the same procedures set forth in § 15.5 of the

Tribal Gaming Ordinance.

BE IT FURTHER RESOLVED, that nothing in this resolution shall be

construed as a waiver of the sovereign immunity of the

Tribe or the Tribal Gaming Commission, or any subordinate

economic enterprise created by the Tribe to operate a

tribal gaming facility. Any relief awarded by the Tribal

Gaming Commission pursuant to this resolution shall be

limited to equitable relief. The Tribal Gaming

Commission shall have no authority to grant monetary

relief against any tribally owned gaming facility, unless

such relief is authorized by a separate resolution of the

Tribal Council after review of the Tribal Gaming

Commissions decision by the Tribal Council.

CERTIFICATION

It is hereby certified that the foregoing Resolution of the

Pyramid Lake Paiute Tiibal Council, governing body of the Pyramid

Lake Paiute Tribe, composed of 10 members of whom 1

constituting a quorum were present at a meeting duly held on

JL _____

, was adopted by the affirmative vote of (

for and Jt~ against, pursuant to the authority contained in the

Constitution and By-Laws of the Pyramid Lake Paiute Tribe.

~-1:i~t~~ ,L~ii~-t~1k

Gin~a Wadsworth, Secretary

Pyramid Lake Paiute Tribal Council
83B1999 8:11AM FRPM PYRAMID LAKE TRIBE 782 B7~ 88 P.2

RESOLUTiON NO. ~L 7.3

RESOLUTION OF THE TRIBAL COUNCIL

OF THE PYRAMID LAKE PAIUTE TRIBE

NIXON, NEVADA

WHEREAS, the Pyramid Lake Palate Tribe is organized pursuant to the provisions of the Indian

Reorganization Act of June 18, 1934, and possesses attributes of sovereignty over

both its members and its territory including the sovereign authority to regulate

gaming; and

WHEREAS, in accordance with its Constitution and By-laws, the Tribe is governed by its Tribal

Council; and

WHEREAS, the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq.. requires the adoption

ofa tribal gaming ordinance in order for the Tribe to authorize gaming on reservation

lands; and

WHEREAS, the Tribal Council has reviewed the attached Gaming Ordinance and has determined

it to be in the best interest of the Tribe to adopt it.

NOW, THEREFORE BE IT RESOLVED, that the Pyramid Lake Paiute Tribal Council hereby

adopts and enacts the Pyramid Lake Paiute Tribal Gaming Ordinance, a copy ofwhich

is attached to this Resolution and incorporated herein by this reference.

BE IT FURTHER RESOLVED, that any gaming ordinances or resolutions previously adopted by

the Tribal Council are hereby superseded and repealed.

BE IT FINALLY RESOLVED, that the Tribal Chairman is authorized to submit a copy of this

Resolution and the Gaming Ordinance to the National Indian Gaming Commission for

approval, and to take such action as is necessary to carry out the terms and intent of

this Resolution.

CERTIFICATiON

It is hereby certified that the foregoing resolution of the Pyramid Lake Paiute Tribal Council, governing body

of the Pyramid Lake Paiute Tribe, composed of ten members of whom ~constituting a quorum, were

contacted for a voice poll on ,~ 30 , 1999, was adopted by the affirmative vote of j~. for; 4~

opposed; and -

abstentions, p~rsuant to the authority contained in the Constitution and By-Laws of t~ie

Pyramid Lake 1~aiute Tribe.

Gina Wadsworth, Tribal Secretary

Pyramid Lake Tribal Council
Pyramid Lake Paiute Tribe

Gaming Ordinance

4q4fr
PYRAMID LAKE PAIUTE TRIBE

GAMING ORDINANCE

TABLE OF CONTENTS

Page

Section 1. Title . . .

1

Section 2. Findings 1

Section 3. Purposes 1

I. GENERAL PROVISIONS 2

Section 4. Definitions 2

Section 5. Gaming Authorized and Regulated 7

Section 6. Use of Revenues from Class II and Class lii Gaming Activities .

8

Section 7. Gaming Facilities 8

Section 8. Minors, Employees Prohibited from Playing 9

Section 9. Prizes: Assignment and Forfeiture 9

A. Not Assignable, exception .

9

B. Forfeiture 9

II. ADMINISTRATION 9

Section 10. Tribal Gaming Commission 9

A. Establishment and Composition 9

B. Qualifications and Appointment 9

C. Duties and Powers 10

D. Compensation 11

Section 11. Gaming Facilitys Licensing and Audits 12

A. Authority to License 12

B. Types of Licenses to be Issued 12

Section 12. License Fees and Taxes 12

Section 13. License validity: Effective Period and Place 13

A. Period 13

B. Place 13

C. Facility License 13

Section 14. Primary Management Officials, Key and Other

Employees Requirements 13

A. Work Permits for All Gaming Employees at Tribal

Class Ill Gaming Facilities 13

B. Primary Management Officials and Key Employees,

License Requirements 14

C. Primary Management Officials and Key Employees;

License Application, Notices 14

1.
PYRAMID LAKE PAIUTE TRIBE

GAMING ORDINANCE

TABLE OF CONTENTS (cont.)

Page

D. Primary Management Officials and Key Employees;

Background Investigation; Report 17

E. Eligibility Determination 18

F. Procedures for Forwarding Applications and Reports

for Key Employees and Primary Management Officials

to the National Indian Gaming Commission;

Issuance of Temporary Licenses 18

G. Granting a Gaming License 19

Section 15. License Suspension and Revocation 20

Section 16. Audits of Tribal Gaming Operations 21

Ill. CLASS II GAMING 21

Section 17. Definitions 21

Section 18. Persons Authorized to Conduct Class II Gaming 22

Section 19. Ownership of Class II Gaming Activity 23

Section 20. Management Contracts 24

Section 21. Games Permitted 24

Section 22. Bingo Game Cards 25

Section 23. Player Limitation 25

Section 24. Entry Prohibited 25

Section 25. Hours of Operation; Notice to Commission 25

IV. CLASS Ill GAMING 26

Section 26. Persons Authorized to Conduct Class Ill Gaming 26

Section 27. Persons Authorized to Own a Class UI Gaming Operation . .

26

Section 28. Authorized Operation 26

Section 29. Management Contracts . .

27

Section 30. Games Permitted 27

Sections 31-35. (Reserved) 27

VI. VIOLATIONS 27

Section 36. Crimes; Penalties 27

Section 37. Civil Penalties 28

VI. VALIDITY OF ORDINANCE 28

Section 38. Severability 28

Section 39. Effective Date of Ordinance 28

11
PYRAMID LAKE PAIUTE TRIBE

GAMING ORDINANCE

Section 1. Title

This Ordinance shall be known as the Pyramid Lake Paiute Tribe

Gaming Ordinance.

Section 2. Findings

The Tribal Council of the Pyramid Lake Paiute Indian Tribe

(Tribe) finds that:

A. The Tribe has the exclusive authority to regulate Class

I and II gaming activities on the Pyramid Lake Paiute Indian

Reservation; and

B. Provided that it has entered into a compact with the

State of Nevada, the Tribe is authorized to operate, license and

regulate Class III gaming on its lands pursuant to that compact;

and

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

of the Tribe and the visitors to the Pyramid Lake Paiute

Reservation that standards and regulations be promulgated to govern

the conduct of gaming activities on the Reservation.

Section 3. Purposes

The purposes of this Gaming Ordinance are to:

A. Provide standards and regulations governing the conduct

of gaming activities on Pyramid Lake Paiute Indian lands;

B. Promote tribal economic development;

C. Enhance employment opportunities for tribal members;

D. Strengthen the economy of the Pyramid Lake Paiute Tribe;

and

E. Generate revenue for use in improving the health,

education and general welfare of enrolled members of the Pyramid

Lake Paiute Tribe, and for other uses authorized by federal law.

1
I. GENERAL PROVISIONS

Section 4. Definitions

1. Act or IGRA means the Indian Gaming Regulatory Act of

1988, as amended, at 25 U.S.C. §S 2701 2721, and 18 U.S.C. SS

11671168.

2. Banking Card Game means any card game in which each

player wagers against the house rather than against other players.

3. Bingo means the game of chance (whether or not

electronic, computer or other technological 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 the 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. Bingo includes, if played

at the same location, pull tabs, lotto, punch boards, tip jars, and

other games similar to bingo.

4. Class I Gaming means social games played solely for

prizes of minimal value or traditional forms of tribal gaming

engaged in by individuals as a part of, or in connection with,

tribal ceremonies or celebrations.

5. Class II Gaming means all forms of gaming which are

defined as Class II Gaming in the IGRA, 25 U.S.C. S 2703(7), and

shall include, but not be limited to, the following forms of

gaming: bingo, lotto, pulitabs and punch boards, tip jars and

non-banking card games, when played in conformity with 25 U.S.C. 5

2703(7).

6. Class III Gaming means all forms of gaming that are not

Class I Gaming or Class II Gaming, as defined in the IGRA, 25

U.S.C. § 2703(8).

7. Compact means the Compact by and between the Pyramid

Lake Paiute Indian Tribe and the State of Nevada setting forth the

agreement for the operation of Class III gaming on Pyramid Lake

Paiute Indian lands within the State of Nevada.

8. Entity means any organization, including any division,

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

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

venture, voluntary or unincorporated association, organization,

proprietorship, trust, or estate.

9. Equipment means any article, device, or other item,

employed in gaming activity, including but not limited to Bingo

2
cards, lottery tickets, any electronically operated blower machine,

computer, electronic selection machine, gaming devices, gaming

tables, associated paraphernalia, chips tokens, dice and any other

items employed in gaming activity.

10. Gaming Commission or Commission means the Pyramid

Lake Paiute Tribal Gaming Commission, created by this Ordinance.

11. Gaming Device means any equipment or mechanical,

electromechanical or electronic contrivance, component or machine

used remotely or directly in connection with gaming or any game

which affects the result of a wager by determining win or loss.

The term includes:

a. A slot machine.

b. A collection of two or more of the following

components:

(i) an assembled electronic circuit which cannot be

reasonably demonstrated to have any use other than in a slot

machine;

(ii) a cabinet with electrical wiring and provisions

for mounting a coin, token or currency acceptor and provisions for

mounting a dispenser of coins, tokens or anything of value;

(iii) a storage medium containing the source

language or executable code of a computer program that cannot be

reasonably demonstrated to have any use other than in a slot

machine;

(iv) an assembled video display unit;

(v) an assembled mechanical or electromechanical

display unit intended for use in gambling; or

(vi) an assembled mechanical or electromechanical

unit which cannot be demonstrated to have any use other than in a

slot machine.

c. Any mechanical, electrical or other device which may

be connected to or used with a slot machine to alter the normal

criteria of random selection or affect the outcome of a game.

d. A system for the accounting or management of any

game in which the result of the wager is determined electronically

by using any combination of hardware or software for computers.

e. Any combination of one of the components set forth

in paragraphs (i) to (vi), inclusive, of subsection 11.b and any

other component which the Commission determines by regulation to be

3
a machine used directly or remotely in connection with gaming or

any game which affects the results of a wager by determining a win

or loss.

12. GaIning employee means any person connected directly

with an operator of a slot route, the operator of a pariinutuel

system, the operator of an intercasino linked system or a

manufacturer, distributor or disseminator, or with the operation of

a gaming establishment licensed to conduct any game, 16 or more

slot machines, a race book, sports pool or parimutuel wagering,

including:

a. Accounting or internal auditing personnel who are

directly involved in any recordkeeping or the examination of

records associated with revenue from gaming;

b. Boxmen;

c. Cashiers;

d. Change personnel;

e. Counting room personnel;

f. Dealers;

g. Employees of a person required by Nevada law, NRS

464.010, to be licensed to operate an offtrack pari-mutuel system;

h. Employees of a person required by Nevada law, NRS

463.430, to be licensed to disseminate information concerning

racing;

i. Employees of manufacturers or distributors of gaming

equipment within the Reservation whose duties are directly involved

with the manufacture, repair or distribution of gaming equipment;

j. Employees of operators of slot routes who have keys

for slot machines or who accept and transport revenue from the slot

drop;

k. Employees of operators of intercasino linked

systems;

1. Floormen;

m. Hosts or other persons empowered to extend credit or

complimentary services;

n. Keno runners;

0. Keno writers;

p. Machine mechanics;

q. Odds makers and line setters;

r. Security personnel;

s. Shift or pit bosses;

t. Shills;

u. Supervisors or managers; and

v. Ticket writers.

Gaming employee does not include bartenders, cocktail

waitresses or other persons engaged exclusively in preparing or

serving food or beverages.

13. Gambling Machine or Slot Machine means any

mechanical, electrical, electromechanical, electronic, or other

device, contrivance or machine which, upon insertion of a coin,

4
token, or similar object, or upon payment of any consideration, is

available to play or operate, the play or operation of which,

whether by reason of the skill of the operator in playing a

gambling game which is presented for play by machine or application

of the element of chance, or both, may deliver or entitle the

person playing or operating the machine to receive cash, premiums,

merchandise, tokens or anything of value, whether the payoff is

made automatically from the machines or in any other manner. Slot

machine specifically includes video facsimiles of any game of

chance authorized under Nevada statute, Nev. Rev. Stat. S 463.0152.

In addition, if at any time the State broadens its definition of

slot machine to include additional devices, then such devices

shall also be aslot machines within the meaning of this Ordinance.

14. Gross Receipts means the total receipts from the

conduct of gaming activities.

15. Indian Lands, Reservation or Pyramid Lake Paiute

Indian lands means all lands within the exterior boundaries of the

Pyramid Lake Paiute Indian Reservation and any additional lands

made part of the Reservation in the future. The term also includes

any noncontiguous lands acquired by the Secretary of Interior in

trust for the benefit of the Tribe, but only if the Governor of the

State of Nevada concurs that gaming activity may be conducted on

such newly acquired lands pursuant to 25 U.S.C. § 2719, and in

accordance with the Compact.

16. Key employee means:

a. For Class II gaming, a person who performs one or

more of the following functions:

(i) bingo caller;

(ii) counting room supervisor;

(iii) chief of security;

(iv) custodian of gaming supplies or cash;

(v) floor manager;

(vi) pit boss;

(vii) dealer;

(viii) croupier;

(ix) approver of credit; or

(x) custodian of gambling devices including

persons with access to cash and accounting records within such

devices;

(xi) if not otherwise included, any other person

whose total cash compensation is in excess of $50,000 per year;

or,

(xii) if not otherwise included, the four most highly

compensated persons in the gaming operation.

b. For Class III gaming, the term Key employee shall

have the same meaning as defined in the Compact.

5
17. The term Interstate sports betting facility means a

gaming establishment wherein interstate wagers on sports events are

received via telephone, computers and associated equipment on the

Reservation pursuant to Art. I § 1.d of the Compact, or any

authorized amendment thereto.

18. License or Licensed means a tribal gaming license, or

having a valid tribal gaming license, issued by the Pyramid Lake

Paiute Tribe, or the Coimnission, pursuant to this Ordinance.

19. Lottery means any scheme for the disposal or

distribution of property, by chance, among persons who have paid

any valuable consideration for the chance of obtaining such

property, or a portion of it, or for any share or any interest in

such property upon any agreement, understanding or expectation that

it is to be distributed or disposed of by lot or chance, whether

called a lottery, raffle or gift enterprise, or by whatever name

the same may be known.

20. National Indian Gaming Commission or NIGC means the

National Indian Gaming Coimnission, created by the IGRA.

21. Net Profits means the total gross receipts from a

gaming operation, less

a. amounts paid out as, or paid for, prizes; and

b. total gamingrelated operating expenses, excluding

management fees.

22. Nonbanking card games means any card game in which two

or more players play against each other and the players do not

wager against the house. Non-banking card games played in

conformity with State law regulating hours of play, wage and pot

limits is Class II gaming. All other non-banking card games are

Class III games.

23. Non-Tribal Gaming Facility or Non-Tribal Gaming

Operation means any gaming licensed and conducted on the

Reservation by any person or entity other than the Tribe or an

entity wholly owned by the Tribe.

24. Person means any individual, receiver, administrator,

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

partnership, joint venture, club, company, joint stock company,

business trust, corporation, association, society, or any group of

individuals acting as a unit, whether mutual cooperative, fraternal

or nonprofit doing business within the Indian lands. The Tribe is

not within the definition of person.

25. Pinball Machine means a video, mechanical, electrical

or electronic machine which upon insertion of a coin or token or

6
upon redemption of a credit, is available for play, the play or

operation of which, by reason of skill, chance or a combination of

both, may entitle a player to an automatic, immediate free replay

or replays, which cannot be redeemed for anything of value.

26. Player means any person participating in gaming

activity, who is participating with the reasonable expectation of,

or for the chance of, receiving a prize of some value.

27. Primary management official means:

a. The person having management responsibility for a

management contract;

b. Any person who has authority;

(1) To hire and fire employees; or

(2) To set up working policy for the gaming

operation; or

c. The chief financial officer or other person who has

financial management responsibility.

28. Prize means any U.S. currency, cash or other property

or thing of value awarded to a player or players, or received by a

player or players as a result of their participation in a gaming

activity.

29. Secretary means the Secretary of the Interior.

30. State means the State of Nevada.

31. Tribal Council means the Tribal Council of the Pyramid

Lake Paiute Indian Tribe of Nevada.

32. Tribal Court means the Pyramid Lake Paiute Tribal

Court.

33. Tribal gaming facility or Tribal gaming operation

means any Class II or Class III gaming operation or facility which

is owned by the Tribe or a wholly owned entity of the Tribe.

34. Tribe means the Pyramid Lake Paiute Indian Tribe of

Nevada.

Section 5. Gamin~ Authorized and Requlated

A. Class I gaming is authorized on Indian lands, and may be

conducted by any person. Class I gaming shall not be regulated by

this Ordinance.

7
B. Class II gaining is authorized on Indian lands. Class II

gaming shall be regulated by the Tribal Gaming Commission and shall

only be operated consistent with the provisions of this Ordinance

and the IGRA.

C. Class III gaming is authorized on Indian lands. Class

III gaming shall be regulated by the Tribal Gaming Commission and

shall only be operated consistent with this Ordinance, the Compact,

and the IGRA.

D. Notwithstanding any provision in this Ordinance to the

contrary, any proposal to open a new Class II or Class III gaming

operation on the Reservation is prohibited unless it is first

authorized and approved by the Tribal Council, and thereafter

licensed and regulated by the Gaining Commission pursuant to this

Ordinance.

Section 6. Use of Revenues from Class II and Class III Gaming

Activities

A. Tribal revenues from Class II and Class III gaming

facilities or operations shall be used only to:

1. Fund tribal government operations or programs;

2. Provide for the general welfare of the Community or

Community members;

3. Promote economic development within the Pyramid

Lake Paiute Indian Reservation;

4. Fund operations of local government agencies;

5. Donate to charitable organizations; and/or

6. Any other lawful purpose authorized under applicable

federal law.

Section 7. Gaming Facilities

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

welfare are adequately protected, each gaining facility shall be

constructed and maintained in compliance with applicable tribal and

federal laws, including but not limited to fire codes, safety codes

and building codes.

B. Each gaming facility shall be subject to inspection to

insure compliance, annually or on such basis as the Tribal Building

Inspector, or if none, Tribal Council, determines necessary and

appropriate.

8
Section 8. Minors. Employees Prohibited from Playing

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

play any Class II or Class III game.

B. No person who is employed at a Class II or Class III

gaming facility may play any game conducted therein.

Section 9. Prizes: Assianment and Forfeiture

A. Not Assignable, exception

The right of any person to a prize shall not be assignable

except that payment of any prize may be made to the estate of a

deceased prize winner or to a person pursuant to an order of the

Tribal Court.

B. Forfeiture

1. Any unclaimed prize of a Class II or Class III

gaming activity shall be retained by the owner of the game for

ninety days after the prize is available to be claimed. Any person

who fails to claim a prize during such time shall forfeit all

rights to the prize, and the amount of the prize shall be awarded

to the Tribe.

2. Any prize won by a person under the age of eighteen

(18) shall be forfeited as a violation of Section 8 of this

Ordinance. Any such prize shall be awarded to the Tribe, and the

approximate consideration paid by the minor shall be refunded to

the minor.

II. ADMINISTRATION

Section 10. Tribal Gaming Commission

A. Establishment and Composition

1. There is hereby created the Pyramid Lake Paiute

Tribal Gaming Commission.

2. The Tribal Gaming Commission shall be comprised of

seven inenthers, one of whom shall serve as Chairperson. The

Chairperson and other six gaming commissioners shall be appointed

by the Tribal Council.

B. Qualifications and Appointment

1. The gaming commissioners should possess and

demonstrate as minimum qualifications:

9
a. Knowledge and experience in the commercial

gaming industry;

b. Familiarity with the IGRA;

c. Experience in and knowledge of administration

and administrative procedure.

2. Appointments of the Chairman and other two

commissioners and members shall be for a period of four (4) years.

The initial terms may be staggered. The Chairman and all

commissioners may be reappointed for successive terms at the

discretion of the Tribal Council.

3. No person shall be appointed to the Tribal Gaming

Commission unless, after reviewing that persons prior activities,

criminal record, reputation, habits and associations, the Tribal

Council is satisfied that such person:

a. Is of good character, honesty, and integrity;

b. Does not pose a threat to the public interest

of the Tribe or its members or to the effective regulation of

gaming;

c. Does not create or enhance dangers of

unsuitable, unfair, or illegal practices in the conduct of gaming

or the carrying on of the business and financial arrangements

incidental thereto; and

b. Has no interest in any private gaming activity

on Pyramid Lake Paiute Indian lands or in any other activity which

may be in conflict with the tribal gaming operations.

4. The Chairman and the Commission members may be

removed for cause, after written notice and an adequate opportunity to be heard by the Tribal Council.

C. Duties and Powers

1. The Gaming Commission shall administer the provisions

of this Ordinance and shall have all powers necessary therefore.

2. In exercise of its duties, the Commission shall:

a. Promulgate such rules and regulations as may be

necessary and desirable for the proper implementation of this

Ordinance;

b. Identify and define the rules of play for each

Class II and Class III game permitted;

10
c. License, supervise, inspect and oversee all

gaming activities and persons employed in gaming activities

conducted on Indian lands;

d. Conduct or contract with other government

agencies or private entities to conduct background investigations

of key employee and primary management official applicants;

e. Carry on a continuous study and investigation

of Class II and Class III gaming on Indian lands for the purpose

of:

(1) ascertaining any defects in or abuses of

the standards and regulations in this Ordinance or applicable rules

and regulations;

(ii) formulating recommendations for changes in

the standards and regulations in this Ordinance and any and all

applicable rules and regulations;

(iii) preventing abuses and evasions of the

standards and regulations prescribed by this Ordinance and

applicable rules;

f. Report to the Tribal Council on any matters

related to gaming which are deemed by the Tribal Gaming Commission

to constitute an emergency requiring immediate action;

g. Take any action it deems necessary and

appropriate for violation(s) of this Ordinance or of applicable

rules and/or regulations, including but not limited to license

suspension, revocation, prosecution, referral for prosecution, or

civil suit; and

h. Subject to the approval of the Tribal Council,

employ such persons as are necessary to carry out the specific and

general powers and duties of the Commission.

i. Prepare and submit an annual budget to the

Tribal Council for approval in accordance with the Tribes standard

practice for approving the budgets of other tribal agencies.

D. Compensation

The Chairman, Commission members, and Commission employees may

be compensated, provided that the terms and conditions of such

compensation shall be set by the Tribal Council.

1].
Section 11. Gaming Facilities Licensing and Audits

A. Authority to License

1. Subject to the approval of the Tribal Council as

provided in section 5, the Tribal Gaming Commission shall have the

authority to license and regulate any Class II and Class III gaming

operations on Pyramid Lake Paiute Indian lands consistent with the

terms of this Ordinance. The licensing and regulation of Class III

gaming shall also be consistent with the terms of the Compact.

2. Class I gaming shall not be regulated by this

Ordinance; no licensing shall be required for Class I gaming.

B. Types of Licenses to be Issued

1. The Tribal Gaming Commission shall issue licenses

for gaming on Pyramid Lake Paiute Indian lands to the following:

a. Any Class II or Class III tribal gaming

facility;

b. Any Class II or Class III non-tribal gaming

facility;

c. Any management contractor;

d. Any other license required by the IGRA and/or

the Compact.

2. Licenses shall be issued for Class II or Class III

gaming, and shall indicate the type and class of license on the

face of the license. A combined Class II and Class III license may

be issued if appropriate.

Section 12. License Fees and Taxes

A. Any person or entity applying for a tribal gaming license

pursuant to this Ordinance (hereafter referred to as applicant)

shall submit with his or her application an application fee of

$1500 plus the annual renewal fee prescribed by subsection C,

provided, that persons applying for a license to operate 20 or

fewer slot machines shall not be required to pay an application or

renewal fee. The Commission may waive fees in its discretion when

a license applicant demonstrates an inability to pay a fee. The

Tribe shall not be subject to the license fee or any other fee

imposed by this Ordinance.

B. In addition to the application fee prescribed in

subsection A, any applicant for a Class II or Class III gaming

license shall also pay for the costs of all background

investigations conducted by the NIGC, or the Tribal Gaming

Commission or its authorized delegate. An applicant for a Class

III gaming license shall also be required to pay any costs incurred

by the Tribe for obtaining the necessary background investigations

12
and approval of all gaming employees, key employees and other

persons subject to review by the State of Nevada under the Compact.

C. A Licensee shall, at least sixty (60) days prior to the

expiration of his or her license apply for renewal, as required by

the Tribal Gaming Commission, and shall submit with the application

for renewal a renewal fee of $500.

D. In addition to the fees prescribed in this section, any

person or entity licensed to conduct Class II or Class III gaming

shall pay all applicable taxes and fees imposed by the Pyramid Lake

Tribal Tax Code, including but not limited to all applicable gaming

taxes and licensing fees imposed.

E. The failure to pay any fee or tax prescribed by this

Ordinance or any other provision of federal or tribal law shall be

grounds for the denial, suspension or revocation of a gaming

license by the Tribal Gaming Commission, provided that after a

license is initially approved it shall not be suspended or revoked

by the Commission without first according the Licensee prior notice

and an opportunity to be heard.

Section 13. Gaming Facility License. Effective Period and

Place

A. Period Tribal gaming licenses shall be valid and

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

sooner suspended or revoked for cause after notice and hearing,

pursuant to this Ordinance. The effective date and period shall be

stated on the face of the license.

B. Place A tribal gaming license shall be valid for one

(1) facility or location only, and the location shall be identified

on the face of the license.

Section 14. Primary Management Officials, Key and Other

Employees

A. Work Permits for All Gaming Employees at Tribal Class III

Gaming Facilities

1. The Tribal Gaming Commission shall issue work

permits to all gaming employees employed at a tribal Class III

gaming facility in accordance with the requirements of the Compact.

No person may be employed as a gaming employee who is determined by

the Tribal Gaming Commission, the Nevada Gaming Commission, or

State Gaming Control Board to be a person who would be unsuitable

to hold or retain a Nevada work permit in a similarly situated non

tribal gaming operation. Applications for work permits shall be

processed in accordance with Article IV of the Compact. The

requirements of this subsection shall apply only to tribal Class

III gaming facilities.

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B. Primary Management Officials and Key Employees, License

Requirements

1. No primary management official or key employee may

be associated with a Class II or Class III tribal gaming operation

unless such person has obtained a license from the Tribal Gaming

Commission. Prior to issuing a license to such person, the Tribal

Gaming Commission shall conduct, or cause to be conducted, a

background investigation which meets the requirements of this

Ordinance and applicable federal law. Applicants shall pay all

fees required by the IGRA and this Ordinance.

2. A license shall not be granted unless the Tribal

Gaming Commission has reviewed the results of the background

investigation and is satisfied that the applicant:

a. Is of good character, honesty, and integrity;

b. Does not pose a threat to the public interest

of the Tribe or its members or to the effective regulation of

gaming;

c. Does not create or enhance dangers of

unsuitable, unfair, or illegal practices in the conduct of gaming

or the carrying on of the business and financial arrangements

incidental thereto; and

d. Is in all other respects qualified to be

licensed or found suitable consistent with the declared policy of

the Pyramid Lake Paiute Tribe.

3. An application for a license constitutes a request

for a determination of the applicants general character, integrity

and ability to participate or engage in, or be associated with

gaming. Any written or oral statement made in the course of an

official proceeding of the Tribal Gaming Commission or the National

Indian Gaming Commission by any member thereof or any witness

testifying under oath which is relevant to the purpose of the

proceeding is absolutely privileged and does not impose liability

constituting a ground for recovery in any civil action.

4. Neither this subsection nor subsections C-G shall

apply to gaming employees who are subject to the work permit

requirements of Section 14.A.

C. Primary Management Officials and Key Employees: License

Application, Notices

1. The Commission shall require that primary management

officials and key employees fill out an application form and pay a

processing fee designated by the Commission, which fee shall not

exceed $1500 per applicant.

14
2. Required Notices to Applicants: To the extent an

application is subject to review by the National Indian Gaming

Commission pursuant to the IGRA or the regulations of the National

Indian Gaming Commission the application form shall provide the

following notices:

a. Privacy Notice

In compliance with the Privacy Act of 1974,

the following information is provided:

Solicitation of the information on this form

is authorized by 25 U.S.C. SS 27012721. 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 Nation Indian

Gaming Commission members and staff 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 pursuant to

a requirement by a tribe or the National

Indian Gaming Commission in connection with

the hiring or firing of an employee, the

issuance or revocation of a gaming license, or

investigations of activities while associated

with a tribe or a gaming operation. The Tribe

cannot hire you in a primary management

official or key employee position unless you

consent to the disclosures indicated in this

notice.

The disclosure of your Social Security Number

(SSN) is voluntary. However, failure to

supply a SSN may result in errors in

processing your application.

b. Notice Rec~arding False Statements

A false statement on any part of your

application may be grounds for not hiring you,

or for firing you after you begin work. Also,

you may be punished by fine or imprisonment

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

c. All applicants shall sign an acknowledgement of

receipt and reading of the Privacy Notice and the Notice Regarding

False Statements, which shall be placed on the same page

immediately following the Notice.

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d. To the extent any key employee or primary

management official has not received the notice required by this

subsection, the Gaming Commission shall notify in writing all such

key employees and primary management officials that they shall

either:

(i) complete a new application that contains

the required types of notice, or

(ii) sign a statement that contains the notices

and thereby consent to the routine uses described in said notices.

3. In addition to the requirements of subsection 2, the

application form for both Class II and Class III gaming applicants

shall require, at a minimum, the following information:

a. The applicants full name, other names used

(oral or written), social security numbers(s), birthdate, place of

birth, citizenship, gender, all languages spoken or written;

b. Currently and for the previous 5 years, a list

of all business and employment positions held , all businesses in

which the applicant has an ownership interest, and all business and

residence addresses during that period;

c. Currently and for the previous 5 years,

disclosure of all drivers license numbers ever assigned to the

applicant, and the state by which they were assigned;

d. The names and current addresses of at least

three personal references, including at least one personal

reference who was acquainted with the applicant during each period

of residence listed under subsection 3.b of this subsection;

e. Current business and residence telephone

numbers;

f. A description of any existing and previous

business relationships with Indian tribes, including ownership

interests in those businesses;

g. A description of any existing and previous

business relationships with the gaming industry generally,

including ownership interests in those businesses;

h. The name and address of any licensing or

regulatory agency with which the person has filed an application

for a license or permit related to gaming, whether or not such

license or permit was granted;

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i. For each felony for which there is an ongoing

prosecution or a conviction, the charge, the name and address of

the court involved, and the date and disposition of the charge;

j. For each misdemeanor conviction or ongoing

misdemeanor prosecution within 10 years of the date of the

application (excluding minor traffic violations), the name of the

court involved, and the date and disposition of the charge;

k. For each criminal charge (excluding minor

traffic violations) whether or not there is a conviction, if such

criminal charge is within 10 years of the date of the application

and is not otherwise listed pursuant to subsections 3.i or 3.j of

this section, the name of the court involved, the date of the

offense, a short description of the charge and the disposition;

1. The name and address of any licensing or

regulatory agency with which the applicant has filed an application

for an occupational license or permit, whether or not such license

or permit was granted;

in. A current photograph;

n. Fingerprints consistent with procedures adopted

by the Tribal Police or the Commission consistent with 25 C.F.R. S

522.2(h). Fingerprints shall be taken by the Tribal Police, or the

State police of the State in which the applicant resides, and shall

be sent directly to the Federal Bureau of Investigation by the law

enforcement agency taking the fingerprints; and

o. For Class III gaming applicants, any additional

information required by the Compact;

p. Any other information required by the NIGC, or

which the Tribal Gaming Commission deems relevant.

D. Primary Management Officials and Key Employees:

Background Investigation: Report

1. The Commission shall conduct, or cause to be

conducted by an investigator appointed by it, a background

investigation for each primary management official and key

employee. In conducting a background investigation, the Commission

or its agent shall promise to keep confidential the identity of

each person interviewed in the course of the investigation. The

Commission or its investigator shall, at a minimum:

a. Verify all information on the application;

b. To the extent deemed necessary, interview or

obtain references from current and prior employers and immediate

supervisors for the preceding five (5) years;

17
c. To the extent deemed necessary, interview any

or all personal references;

d. Obtain a criminal history record; and

e. Interview the applicant.

2. The investigator shall make a written report of the

investigation to the Commission, including therein the steps taken

in conducting the investigation, the names, addresses and

relationship to the applicant of any persons interviewed, the

information obtained from each person interviewed regarding the

applicants reputation, habits and associations, the apparent

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

other information garnered or learned about the applicant and the

source of the information, and shall particularly identify all

potential problem areas and sources of the information.

E. Eligibility Determination

1. The Commission shall review the report and any

additional information known to it, taking into account the

applicants prior activities, criminal record, if any, and

reputation, habits and associations, and shall make a determination

concerning the eligibility for employment in a gaming operation.

If the Commission determines that employment of the person poses a

threat to the public interest or to the effective regulation of

gaming, or creates or enhances dangers of unsuitable, unfair, or

illegal practices and methods and activities in the conduct of

gaming, a tribal gaming operation shall not employ that person in

a key employee or primary management official position.

F. Procedures for Forwarding Applications and Reports for

Key Employees and Primary Management Officials to the

National Indian Gaming Commission: Issuance of Temporary

Licenses

1. If the Commission determines that an applicant is

eligible for a license, it may issue a temporary license if it

determines that the applicant must start work immediately, pending a review of the applicants eligibility by the National Indian

Gaming Commission and/or by the State of Nevada under the Compact,

as applicable. Within ten days of the issuance of a temporary

license or upon a determination of eligibility, whichever occurs

first, the Tribal Gaming Commission shall forward copies of the

applicantss employment/license application, and background

investigation report and related information to the National Indian

Gaming Commission, and to the State of Nevada if required under the

Compact.

2. In addition to the documentation required in

subsection F.l, the Tribal Gaming Commission shall prepare and

18
forward to the National Indian Gaming Commission, and to the State

if required under the Compact, an investigative report on each

background investigation. An investigative report shall include

all of the following:

a. Steps taken in conducting a background

investigation;

b. Results obtained;

c. Conclusions reached; and

d. The bases for those conclusions.

The Tribal Gaming Commission shall submit, with the report, a

copy of the eligibility determination made under this section.

3. If a temporary license is not issued to an applicant

or if the Commission determines an applicant is not eligible for a

license, the Tribal Gaming Commission:

a. Shall notify the National Indian Gaming

Commission, and the State if required by the Compact; and

b. May forward copies of its eligibility

determination and investigative report (if any) to the National

Indian Gaming Commission for inclusion in the Indian Gaming

Individuals Records System.

4. With respect to key employees and primary management

officials, the Tribal Gaming Commission shall retain applications

for employment and reports (if any) of background investigations

for inspection by the Chairman of the National Indian Gaming

Commission or his or her designee for no less than three (3) years

from the date of termination of employment.

3. Granting a Gaming License

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

National Indian Gaming Commission receives the information required

in subsection F, the National Indian Gaming Commission notifies the

Tribe that it has no objection to the issuance of a license to the

applicant, the Tribal Gaming Commission may issue a permanent

license to such applicant.

2. The Tribal Gaming Commission shall respond to a

request for additional information from the Chairman of the

National Indian Gaming Commission concerning a key employee or a

primary management official who is the subject of a report. Such

a request shall suspend the 30-day period under paragraph G.l. of

this section until the Chairman of the National Indian Gaming

Commission receives the additional information.

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

above, the National Indian Gaming Commission provides the Tribe

with a statement itemizing objections to the issuance of a license

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

Tribe has provided an application and investigative report to the

National Indian Gaming Commission, the Tribal Gaming Commission

shall make the final decision whether to issue a license to such

applicant.

4. Notwithstanding any provision herein to the

contrary, to the extent the Tribal Gaming Commission is required by

the Compact to submit relevant background and licensing information

for Class III gaming applicants to the State, the Tribal Gaming

Commission may not issue a permanent license until after the

applicable requirements of the Compact are met.

H. Requirements Applicable to all Employees

1. No person shall be employed by a tribal gaming

enterprise operated on Pyramid Lake Paiute Indian lands who is

under the age of 18, except that, no person shall be employed as a

primary management official or key employee who is under the age of

21.

2. No person shall be employed as a primary management

official or key employee in a Class II or Class III gaming activity

who has not first applied for and obtained a tribal gaming license

pursuant to this Ordinance and, for Class III gaming, in compliance

with the terms and conditions of the Compact.

3. Every person employed at a tribal gaming facility

operated on Pyramid Lake Paiute Indian lands shall wear an

identification badge during work hours which conspicuously states

his or her full name, title, and place of employment.

Section 15. License Suspension and Revocation

1. If, after the issuance of a temporary or permanent

gaming license, the Tribal Gaming Commission receives from the

National Indian Gaming Commission, the State, or any other source

reliable information indicating that a key employee or a primary

management official is not eligible for employment under Section 14

above, the Tribal Gaming Commission shall suspend such license and

shall notify in writing the licensee of the suspension and the

proposed revocation.

2. The Tribal Gaming Commission shall notify the

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

revocation of a license.

3. After a revocation hearing, the Tribal Gaming

Commission shall decide to revoke or to reinstate a gaming license.

20
The Tribal Gaming Commission shall notify the National Indian

Gaming Commission, and the State if required by the Compact, of its

decision.

4. Decisions of the Tribal Gaming Commission to suspend

or revoke a temporary license are not appealable.

5. Decisions by the Tribal Gaming Commission to suspend

or revoke a permanent license may be appealed to the Tribal Court

by filing an appropriate civil complaint within thirty (30) days of

a final decision of the Gaming Commission. The Tribal Court shall

uphold the decision of the Tribal Gaming Commission unless the

Court determines that the Gaming Commissions decision is

arbitrary, capricious or otherwise not in accordance with

applicable law, in which case the Tribal Court may reverse, modify

or vacate the decision of the Gaming Commission, and grant such

equitable relief as it deems necessary and appropriate. In no

event shall the Tribal Court be authorized to grant any form of

monetary relief in favor of the licensee and against the Tribal

Gaming Commission. Except as specifically authorized herein,

nothing in this Ordinance shall be construed as a waiver of the

sovereign immunity of the Tribe or the Tribal Gaming Commission.

6. A copy of the Tribal Gaming Commissions decision,

and if applicable the Tribal Courts decision, regarding the

revocation of a license shall be sent to the NIGC, and to the State

if required by the Compact.

Section 16. Audits of Tribal Gaming Operations

A. The Tribal Gaming Commission shall cause to be conducted

annually an independent audit of all tribal gaming operations, and

shall submit the resulting audit reports to the National Indian

Gaming Commission.

B. All gaming-related contracts that result in the purchase

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

annually, except contracts for professional legal and accounting

services, shall be specifically included within the scope of the

audit that is described in subsection A. above.

III. CLASS II GAMING

Section 17. Definitions

A. Except as otherwise provided in this Ordinance, the

Compact or the regulations of the NIGC, the following terms are

defined as follows:

1. Bingo means bingo as defined in Section 4

of this Ordinance.

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2. Bingo Occasion means a single session or gathering at

which a series of successive bingo games are played.

3. Card games means nonbanking card games played in

conformity with Nevada State law regulating hours, wages and pot

limitations.

4. Game Card and Bingo game card means a regular or

special Bingo Card.

5. Lotto means a game of chance played for prizes with

cards bearing numbers or other designations in which the player

holding the card covers such numbers or designations when objects

similarly numbered or designated are drawn or otherwise randomly

determined, in which the game is won by the first player to cover

a predesignated arrangement on the card.

6. Pull Tabs means factory covered tickets which are

purchased and opened by customers revealing a predetermined winning

arrangement.

7. Punch Board means a small board that has many holes,

each filled with a rolled up printed slip to be punched out upon

payment of a player fee, in an effort to obtain a slip that

entitles the player to a designated prize.

8. Regular Bingo Card means a board card issued to a

person upon payment of admission fee which affords a person the

opportunity to participate in all regular bingo games played at a

bingo occasion.

9. Special Bingo Card means a disposable, specially marked

bingo card which affords a person the opportunity to participate in

a special bingo game for special prizes, or a game card generated

by and appearing on the screen of a computer employed by the gaming

facility and assigned to a player for a bingo game(s).

10. Special Bingo Game means any bingo game which is not a

regular bingo game and which is played with special bingo cards

whether or not for special prizes.

11. Tip Jars means a game of chance, wherein a person upon

payment of a fee, is permitted to reach into, or tip a jar

containing printed slips, and extract one slip in an effort to

obtain a slip that entitles the player to a designated prize.

Section 18. Persons Authorized to Conduct Class II Gaming

A. No person or entity shall own, operate or conduct a Class

II gaming activity on Indian lands unless that person or entity has

first received a license to conduct a Class II gaming activity from

22
the Gaming Commission. The initial license of any Class II gaining

operation must also be approved by the Tribal Council.

Section 19. Ownership of Class II Gaming Activity

A. Except as expressly provided herein, the Pyramid Lake

Paiute Tribe shall have the sole proprietary interest in any Class

II gaming operation or facility conducted on Indian lands.

B. Notwithstanding subparagraph A above, the Tribal Gaining

Commission, with the prior approval of the Tribal Council, may

license a Class II gaming activity owned in whole or in part, by a

person or entity other than the Pyramid Lake Paiute Tribe, provided

that (a) the licensing standards for individually owned Class II

gaming shall be at least as restrictive as those established by

State law governing similar gaming within the jurisdiction of the

State; and (b) no license may be issued to such a person or entity

unless the person or entity has first expressly agreed in writing

on a form prescribed by the Tribal Gaining Commission that:

1. The gaming activity shall be subject to the

regulations prescribed in this Section;

2. Not less than sixty (60%) percent of the net

revenues from the gaining activity shall be income to the Tribe;

3. The person(s) who owns the gaming activity or

entity:

a. Is (are) eligible to receive a license from the

State of Nevada to conduct the same gaming activity on lands

subject to State jurisdiction; and

b. Shall pay an appropriate assessment to the

National Indian Gaming Commission for the regulation of the gaming

activity, as required by 25 U.S.C. S 2717(a) (1).

4. A license to own or operate a Class II gaming

establishment shall not be granted unless the applicant has

satisfied the Tribal Gaming Commission that:

a. He has adequate business ability, confidence

and experience in gaming, and the proposed gaming operation will

generate net revenue for the Tribe.

b. The proposed financing of the operation is

adequate for the nature of the proposed operation and from a

suitable source. Any lender or other source of money or credit

which the Commission finds does not meet appropriate standards

may be deemed unsuitable.

23
5. The Tribal Gaming Commission may in its discretion

grant a license to a corporation which has complied with the

provisions of the Tribal Gaming Ordinance.

6. The Tribal Gaming Commission may in its discretion

grant a license to a limited partnership which has complied with

the Tribal Gaming Ordinance.

7. No person or limited partnership, except one whose

sole limited partner is a publicly traded corporation which has

registered with the Tribal Gaming Commission, or business trust

organization or other association of a quasi corporate character,

is eligible to receive or hold any license, or be a licensee or

operator under this Ordinance unless all persons having any direct

or indirect interests therein or any nature whatsoever, whether

financial, administrative, policy making or supervisory, are

individually qualified to be licensed under the provisions of this

chapter.

8. The Tribal Gaming Commission may limit the number of

persons who may be financially interested in any corporation or

other organization or association licensed under this Ordinance,

consistent with 25 U.S.C. SS 2700 et~., and establish such other

qualifications for licenses as they may, in their discretion, deem

to be in the public interest and consistent with the declared

policy of the Tribe and the IGRA.

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

be used for the purposes described in Section 6 of this Ordinance.

Section 20. Management Contracts

The Pyramid Lake Paiute Tribe may enter into a management contract for the operation and management of Class II tribal gaming

operations. Each such contract must comply with the provisions of

this Ordinance, other applicable provisions of tribal law

(including, but not limited to, tribal employment preference laws)

and provisions of federal law (including, but not limited to, 25

U.S.C. § 2711).

Section 21. Games Permitted

A. The Tribe and/or any licensed Class II owner and operator

may conduct any Class II games and any combination of Class II

games.

B. A schedule of the Class II games to be conducted and a

description of prizes offered must be conspicuously posted at each

entrance to the Class II facility each week in which games will be

conducted at least 24 hours prior to the start of the first game

scheduled.

24
Section 22. Bingo Game Cards

A. Each facility shall provide the game cards to be used for

each bingo game conducted and each card shall be marked to indicate

the issuing facility.

B. Special bingo cards must be issued separately from

regular bingo cards, and must be specially marked to indicate the

particular special bingo game, including date, and the facility of

issuance. In the case of computergenerated cards, the computer

must be programmed to lock on a card at the start of the game,

prior to calling of the first number or designated symbol, so as

not to permit altering or changing of the card during the game, and

every winning card must be verified. A special bingo card shall be

valid only for the designated game.

Section 23. Player Limitation

A. The number of persons permitted to play any Class II game

shall be determined by the owner, operator or manager as is

appropriate, except that:

1. The number of people permitted in the facility or in

any room in the facility shall not exceed the limitation of the

number permissible under the applicable fire, building or other

safety codes or standards.

2. The number of people permitted to play any bingo

game shall not exceed the number of seats available in the room(s)

in which the game is being played.

Section 24. Entry Prohibited

No person may enter any room in which a bingo game is being

played unless the person is a player, except facility employees and

persons present by authority of the Tribal Gaming Commission, for

purposes of inspection or regulatory duties.

Section 25. Hours of Operation: Notice to Commission

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

days a week, unless the Tribal Gaming Commission, by license,

regulation or otherwise limits the hours of operation of any Class

II gaming facility.

B. Unless notified otherwise by the Gaming Commission, each

licensed Class II gaming facility shall have the right to operate

24 hours a day, seven days a week.

25
IV. CLASS III GAMING

Section 26. Persons Authorized to Conduct Class III Gaming

No person or entity shall conduct a Class III gaming activity

on Indian lands unless that person or entity has first complied

with the terms and conditions of the Compact and has received a

license to conduct a Class III gaming activity from the Tribal

Gaming Commission. The initial license of any Class III tribal

gaming operation must also be approved by the Tribal Council.

Section 27. Persons Authorized to Own a Class III Gaming

Operation

A. Except as expressly provided herein, the Pyramid Lake

Paiute Tribe shall have the sole proprietary interest in any Class

III gaming operation or facility.

B. Notwithstanding subparagraph A above, the Tribal Gaming

Commission, with the prior approval of the Tribal Council, may

license a Class III gaming facility owned in whole or in part by a

person or entity other than the Pyramid Lake Paiute Tribe, provided

that the licensing standards for individually owned Class III

gaming shall comply with the Compact, and all other applicable

provisions of federal law are satisfied. Any such gaming activity

shall be subject to regulations prescribed by the Gaming

Commission which shall be consistent with the Compact and

applicable provisions of the IGRA.

Section 28. Authorized Operation

A. Class III gaming is prohibited on the Reservation unless

such gaming is licensed and authorized pursuant to the provisions

of the Compact and this Ordinance.

1. Operation of Class III Gaming Facilities.

a. A tribal or non-tribal gaming facility may

operate Class III gaming at one or more facilities on Pyramid Lake

Paiute Indian lands if:

(i) the proposed facility is in compliance

with the requirements of this Ordinance;

(ii) the proposed facility is in compliance

with the Compact; and

(iii) the Class III gaming operation proposal

complies with all other applicable laws and regulations.

26
Section 29. Management Contracts

The Tribal Council may enter into a management contract for

the operation and management of Class III tribal gaming activities.

Each such contract must comply with the provisions of this

Ordinance, the Compact, other applicable provisions of tribal law

(including, but not limited to, tribal employment preference laws),

and provisions of federal law (including, but not limited to, 25

U.S.C. S 2711).

Section 30. Games Permitted

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

Compact may be conducted on the Reservation, subject to the

restrictions and conditions set by the Tribal Gaming Commission.

B. Conduct of any Class III game which is first legalized

within the State of Nevada after the date of the Compact then in

effect, or which heretofore becomes permitted on Indian lands under

federal law, pursuant to the Compact or amendments thereto may be

authorized by the Tribal Gaming Commission by regulation.

Sections 3135. (

VI. VIOLATIONS

Section 36. Crimes: Penalties

A. It shall be unlawful for any person to:

1. Operate or participate in gaming on Indian lands in

violation of the provisions of this Ordinance or in violation of

rules and/or regulations promulgated pursuant to this Ordinance;

2. Knowingly make a false statement in an application

for employment with a gaming activity or enterprise, or in an

application for a license to operate a gaming activity or

enterprise on Pyramid Lake Paiute Indian lands; or

3. Bribe or attempt to bribe, or unduly influence or

attempt to unduly influence, any person who licenses, operates,

conducts, assists, or is otherwise employed in a gaming activity or

enterprise located on Pyramid Lake Paiute Indian lands.

4. Violate any other provisions of tribal law,

applicable State or federal law on the premises of any gaming

facility.

B. Any Indian who violates a provision of this Ordinance or

of other tribal law relating to gaming activities may be fined not

more than $1,000 and/or imprisoned for up to one year for each

27
violation. A separate violation occurs on each day that a

violation arises or continues. Any nonIndian who violates a

provision of this Ordinance shall be subject to a civil fine, and

may be excluded from the Indian lands within the jurisdiction of

the Pyramid Lake Paiute Tribe.

C. Any property used in the commission of a violation or a

provision of this Ordinance may be seized by the Tribal Gaming

Commission or their agents. The owner of the property shall be

afforded an opportunity to object and be heard in accordance with

principles of due process. If no objection is raised or the

objection is not sustained, the Tribe may dispose of the seized

property.

Section 37. Civil Penalties

A. Any person or entity who violates any term or condition

of any license issued pursuant to this Ordinance may be assessed a

civil penalty by the Tribal Court in a civil action filed by the

Tribal Gaming Commission or tribal prosecutor. Each violation

shall be treated separately and may be assessed as a separate

violation.

B. Civil penalties provided for in this Section may be

imposed in addition to the criminal penalties provided for in

Section 34 above.

VI. VALIDITY OF ORDINANCE

Section 38. Severability

A. If any provision or provisions in this Ordinance are held

invalid by a court of competent jurisdiction, this Ordinance shall

continue in effect as if the invalid provision(s) were not a part

hereof.

B. If any provision of this Ordinance is inconsistent with

any provision of the Compact, the terms of the Compact shall

control.

Section 39. Effective Date of Ordinance

This Ordinance shall take effect upon adoption of the Tribal

Council and approval by the NIGC pursuant to the IGPA and

regulations applicable thereunder. Any and all prior ordinances

regulating gaming on tribal lands are repealed as of the date this

Ordinance takes effect.

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CERTIFICATION

The foregoing Ordinance was on _________________________, duly

_____

adopted pursuant to Resolution No. _______, by a vote of for,

and against, by the Pyramid Lake Paiute Indian Tribal Council

pursuant to authority vested in it by the Constitution and Bylaws

of the Pyramid Lake Paiute Tribe.

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