3 1 Gary E. George 

: Tribal Executive ~irector 

3. Confederated Tribes of the Umatilla 

Indian Reservation 

I P.O. Box 638 

J ' 

2 

Pendleton, Oregon 97801 

.:I .:.I Dear Mr. Hatch: 

. . ,-* . - .:I .a ' 

. '. . Thhletter responds to your request to review and approve the 

; 

i: 

-J;ribal gaming ordinance adopted by the Confederated Tribes 'of-the .... . 

., . . . , ' Umatilla Indian Reservation (the Tribes) on February 22, 1994, .I. ., . - .'I 

.. * 

and amended on March 30, 1994. This letter constitutes such 

.:; 

... i ! approval under the Indian Gaming Regulatory Act (IGRA). 

'I . .C Under the IGRA and the regulations of the National Indian Gaming 1 Comission (NIGC), the chairman is directed to review ordinances 

i with respect to the requirements of the IGRA and the implementing 

1 regulations. Thus, the scope of the Chairman's review and 

1 approval is limited to the requirements of the IGRA and the NIGC , regulations. Provisions other than those required under the IGRA I 

I or the NIGC regulations that may be included in a tribal 

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

approval does not constitute approval of specific games. 

It is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

:{ . With the Chairman's approval of the Tribes1 gaming ordinance, the 

:.! Tribes are now required to conduct background investigations on 

key employees and primary management officials. The NIGC expects I . . to receive a completed application for each key employee and . . :I .primary management official pursuant to 25 C.F.R. S 556.5(a) and, :? 

I. 1 an investigative report on each background investigation before l issuing a license to a key employee or primary management. .: > official pursuant to 25 C.F.R. 5 556.5(b). 

. . Thank you for submitting the ,ordinance of the Confederated Tribes , of the Umatilla Indian Reservation for review and approval. The , NIGC staff and I'look forward to working with you and the Tribes . . in implementing the IGRA. 

Sincerely yours, 

Anthony J. Hope 

Chairman 

1850 M STREET. N W. SUITE 250 WASHINGTON. DC 20036 TEL 202-632-7003 FAX: 202-632-7066 
Resolution No. 94-24 

CERTIFICATE 

The undersigned, Donald G. Sampson and Rose Mary Narcisse, hereby certw that they are 

the Chairman and Secretary, respectively, of the Board of Trustees, of the Confederated 

Tribes of the Umatilla lndian Reservation, and that said Board of Trustees in the Board 

Room of the Tribal Office/Tribal Administration Office, (Mission) Pendleton, Oregon, on 

March 30. , 1994, a quorum of said Board was polled and the following Resolution was 

regularly moved, seconded, and adopted by a voteL to 0 , 0 abstaining. 

RESOLUTION 

WHEREAS, the Board of Trwstees is the governing body of the Confederefed Tribes of 

the UmatiIIa Indian Reservation (Con federa fed Tribes) as set forth in Article 

VI of the Confederated Tribes' Constitution and By-Laws as adopted on 

November 4, 1949; AND 

WHEREAS, the Board of Trustees has adopted Resolution 94-13 in which the Gaming 

Ordinance was approved and the Board of Trustees was authorized to 

submit said Ordinance to the National lndian Gaming Commission (NIGC) for 

its review and approval as required under the lndian Gaming Regulatory Act 

(IGRA); AND 

WHEREAS, representatives of the Confederated Tribes met with NIGC legal counsel on 

March 24,1994 to review NIGC's commenl on the Gaming Ordinance; AND 

WHEREAS, the NIGC requires minor, non substantive changes to certain defined tenns 

in the Gaming Ordinance so that they are consistent with NIGC regulations 

under IGRA. AND BE IT FINALLY 

RESOLVED, that the Board of Trustees does hereby amend the Gaming Ordinance 

adopted by Resolution 94-13 as follows: 

1. Section 4 B(16) shall be changed to (17) and shall read as follows: 

"Key Employee" means all those employees defined as Low Security Employees 

and High Security Employees herein. 

2. Section 4 B shall be amended to add a new definition at (16) as follows: 

16. "Influential Employee" means any officer or any Person who can affect 

the course of business, make decisions, or in is in a sensitive position. An 

influential Employee as defined in this Ordinance shall have the same meaning as 

a key employee as defined in the Compact 
Page 2 of 2 

March 30, 1994 

Resolution No. 94-24 

3. Section 4 B (23) should be changed to (24) and shall read as follows: 

24. "Net Revenues" means gross gaming revenues of an Indian gaming 

operation less- 

(a) Amounts paid out as, or paid for, prizes; 

and 

(b) Total gaming-related operating expenses, excluding management fees. 

4. All references to the terms Influential Employee, Key Employee and Net 

Revenues in the Gaming Ordinance shall be changed consistent with the above definitions 

as provided in the affached Gaming Ordinance. 

AND that said Resolution has not been modified, amended or repealed and is still in full 

force and effect. 

Dated this 30th day of March , 1994. 

Donald G. Sampson, ~hahman 

Board of Trustees 

ATTEST: 

Board of ~rustees- 
Resolution No. 94-14 

CERTIFICATE 

The undersigned, Donald G. Sampson and Rose Mary Narcisse, hereby 

certify that they are the Chairman and Secretary, respectively, of 

the Board of Trustees, of the Confederated Tribes of the Umatilla 

Indian Reservation, that at a duly called and held meeting of said 

Board at the Board Room of the Tribal Office/Tribal Administration 

Building, Pendleton, Oregon, on Februarv 22, 1994, a quorum of said 

Board was present and the following Resolution was regularly moved, 

seconded, and adopted by a vote of 5 to 1, 1 abstaining. 

RESOLUTION 

WHEREAS, the Board of Trustees is the governing body of the 

Confederated Tribes of the Umatilla Indian Reservation 

(Confederated Tribes) as set forth in Article VI of the 

Confederated Tribes' Constitution and Bylaws as adopted 

on November 4, 1949; AND 

WHEREAS, the Board of Trustees has adopted Resolutions 92-17, 93- 

03, 93-47 and 93-48, which Resolutions adopted a policy 

of pursuing the economic development and employment 

opportunities provided by the development of a Tribal 

Gaming Facility, the selection of a management firm to 

manage the Tribal Gaming Facility and the negotiation and 

adoption of the Compact between the Confederated Tribes 

and the State of Oregon for the conduct of Class I11 

gaming; AND 

WHEREAS, the Indian Gaming Regulatory Act, Public Law 100-497, 25 

U.S.C. 5 2701 et seq., adopted by Congress on October 12, 

1988, sets forth the requirements for the conduct of 

Class I1 and Class I11 gaming, which requirements include 

the adoption of a Gaming Ordinance for Class I1 and Class 

I11 gaming and the approval of said Ordinance by the 

National Indian Gaming Commission; AND 

WHEREAS, the Confederated Tribes' current Bingo Ordinance is 

inadequate to meet the needs of the Class I1 and Class 

I11 gaming authorized in the Board of Trustees 

Resolutions and documents referenced above; NOW 

THEREFORE, BE IT 

RESOLVED, that the Board of Trustees does hereby adopt the attached 

Gaming Ordinance to govern the conduct of all Class I1 

and Class I11 gaming on Indian Lands, within the Umatilla 

Indian Reservation; AND BE IT FURTHER 
Page 2 of 2 

February 22, 1994 

~esolution No.: 94-14 

RESOLVED, that the Chairman of the Board of Trustees is hereby 

authorized to submit the attached Gaming Ordinance, along 

with all supplemental information required by federal 

regulations, to the National Indian Gaming Commission for 

their review and approval; AND BE IT FINALLY 

RESOLVED, that the Board of Trustees hereby directs the Tribal 

Executive Director to publish notices on the Tribal 

Gaming Commission positions that need to be filled so 

that enrolled members of the Confederated Tribes and 

other qualified persons may submit applications for the 

Commission positions, which positions need to be 

immediately filled so that the Commission members can be 

trained regarding the regulation of the Tribal Gaming 

Facility and can begin the process of promulgating 

regulations necessary for the proper conduct of Class I1 

and Class 111 gaming in the Tribal Gaming Facility. 

And that said Resolution has not been modified, amended or repealed 

and is still in full force and effect. 

Dated this 22nd day of Februarv , 1994. 

1 Donald G. amps son, ~Mirman - 

Board of Trustees 

ATTEST: 

2 

f-7 . a. . \ dL?3-'/ z7!2?2 ~~&42#) 

Rose Mary ~arcgse,' Secretary 

Board of Trustees 
Confederated Tribes of the Umatilla Indian Reservation 

Gaming Ordinance 

February 22, 1994 
Confederated Tribes of the Umatilla Indian Reservation 

Tribal Gaming Ordinance 

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

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

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

General Provisions ..................... 2 

Section 4 . Defined Terms .............. 2 

Section 5 . Gaming Authorized and Regulated ... 6 

Section 6 . Use of Revenues from Class I1 and Class 

I11 Gaming Activities .......... 7 

Section 7 . Gaming Facility ......... 7 

Section 8 . Minors. Employees Prohibited ...... 7 

Section 9 . Prizes: Assignment and Forfeiture ... 8 

Administration ....................... 8 

Section 10 . Gaming Commission ............ 8 

Section 11 . Licensing ................ 11 

Section 12 . License Fees: Application Fees and 

Renewal ................. 12 

Section 13 . License : Qualifications and 

Requirements .............. 13 

Section 14 . National Indian Gaming Commission Review 

of Employee Licenses ......... 24 

Section 15 . License Suspension and Revocation .... 25 

Class I1 Gaming . . Section 16 . Section 17 . 

Section 18 . Section 19 . Section 20 . Section 21 . Section 22 . Section 23 . 

Class I11 Gaming . Section 24 . Section 25 . Section 26 . Section 27 . ....... 

Section 28 . Section 29 . 

..................... 27 

Definitions ............ 27 

~uthorization to Conduct Class I1 

Gaming ............. 27 

Management Contracts .......... 28 

Games Permitted ............. 28 

~ingoGameCards ............ 28 

Player Limitation ............ 28 

Entry Prohibited ........... 29 

Hours of Operation; Notice to 

Commission ............ 29 

..................... 30 

Exclusive ownership by Tribes ...... 30 

Authorized Operation ........ 30 

Management Contracts ........... 30 

Games Permitted ............. 30 

..................... 31 

Regulation and Inspection ... 31 

Hours of Operation ........... 31 

Records and Audits ..................... 31 

Section 30 . Records Maintenance ...... 31 

Section 31 . Independent Audits ........... 32 
ViolationsProcedures .................... 32 

Section 32 . Resolution of Disputes Between Gaming 

Facility Customer and Manager ...... 32 

Section 33 . Crimes; Penalties . ......... 33 

Section 34 . Civil Penalties ............. 34 

Section 35 . Enforcement .......... 34 

Validityofordinance .................... 34 

Section 36 . Severability ............ 34 

Section 37 . Repeal of Inconsistent Tribal Law . 34 

Section 38 . Effective Date of Ordinance . 35 
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION 

GAMING ORDINANCE 

Section 1. Title. 

This Ordinance shall be known as the Confederated Tribes of 

the Umatilla Indian Reservation Gaming Ordinance. 

Section 2. Findinqs. 

The Board of Trustees of the Confederated Tribes of the 

Umatilla Indian Reservation, finds that: 

A. The Confederated Tribes of the Umatilla Indian 

Reservation has the exclusive authority to regulate Class I and I1 

gaming activities on Indian Lands as defined at 25 U.S.C. § 

2703(4)(b) within the Umatilla Indian Reservation; and 

B. The Confederated Tribes of the Umatilla Indian 

Reservation is authorized to operate, License and regulate Class 

I11 Gaming on Indian Lands, as defined at 25 U.S.C. § 2703 (4)(b), 

within the Umatilla Indian Reservation, provided it has entered 

into, and operates Class I11 Gaming consistent with, a compact 

entered into between the Tribes and the State of Oregon; and 

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

of the Confederated Tribes of the Umatilla Indian Reservation and 

the visitors to Umatilla Indian Reservation that standards and 

regulations be promulgated to govern the conduct of gaming 

activities on Umatilla Indian Lands. 

Section 3. Purposes. 

The purposes of this Gaming Ordinance are to: 

A. Provide standards and regulations governing the conduct 

of gaming activities on Umatilla Indian Lands within the Umatilla 

Indian Reservation; 

B. Promote Tribal economic development; 

C. Enhance employment opportunities for Tribal members; 

D. Strengthen the economy of the Confederated Tribes of the 

Umatilla Indian Reservation; and 

E. Generate revenue for use in improving the health, 

education and general welfare of enrolled members of the 

Confederated Tribes of the Umatilla Indian Reservation. 
I. General Provisions 

Section 4. Defined Terms 

A. Use of a Defined Term. 

Whenever a term that is defined in this Section is used in 

this Ordinance, it shall be capitalized to indicate the term is one 

defined by the Ordinance. 

B. Definitions. 

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

Act, 25 U.S.C. § 2701 et seq. 

2. "Bingotf 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. I8Bingo1l includes, if played 

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

other games similar to Bingo. 

3. "Board of TrusteesN means the governing body of the 

Confederated Tribes of the Umatilla Indian Reservation as set forth 

in Article VI of the Tribes1 Constitution and Bylaws. 

4. I1Class I Gamingu means all forms of gaming which are 

defined as I1Class I Gaming" in I .G.R.A., which includes social 

games played solely for Prizes of minimal value or traditional 

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

in connection with, Tribal ceremonies or celebrations. 

5. tfClass I1 GamingQa means all forms of gaming which are 

defined as "Class I1 Gaming" in I .G.R.A. and shall include, but not 

be limited to, the following forms of gaming: Bingo, lotto, 

pulltabs and punch boards, tip jars and Non-Banking Card Games, 

when played in conformity with 25 U.S.C. 5 2703(7). 

6. Itclass I11 Gaming" means all forms of gaming that are not 

Class I Gaming or Class I1 Gaming, as defined in I.G.R.A. 

7. I1Class I1 Gaming Contract" means a contract for the 

provision of any goods or services for the conduct of Class I1 

Gaming. 
8. "Class I11 Gaming Contract1' means a contract for the 

provision of any goods or services for the conduct of Class I11 

Gaming. 

9. I1Class I1 Gaming Contractor" is any individual, business 

or other Entity that applies for or is a party to a Class I1 Gaming 

Contract. 

9. tlClass I11 Gaming Contractor" is any individual, business 

or other Entity that applies for or is a party to a Class I11 

Gaming Contract. 

10. llCompactln means the Compact by and between the 

Confederated Tribes of the Umatilla Indian Reservation and the 

State of Oregon setting forth an agreement for operation of Class 

I11 ~aming on Umatilla Indian ~eservation within the State of 

Oregon. 

11. "Entityw means any organization, including any division, 

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

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

venture, voluntary or unincorporated association, organization, 

proprietorship, trust, estate, commission, bureau, department of 

governmental agency exce~t that "Entity" shall not include the 

Confederated Tribes of the Umatilla Indian Reservation. 

12. "Gaming Commis~ion~~ or "Commissiong~ means the Tribal 

Gaming Commission, created by this Ordinance. 

13. nGross Receipts" means the total receipts from the 

conduct of gaming activities. 

14. "High Security Employeen means any Person with 

responsibility for the management or operation of the Class I11 

Gaming activities or access to gaming terminals or cash. 

High Security Employee shall include the following positions: 

a. ) counting room supervisor, chief of security, custodian of 

gaming supplies or cash, pit boss, approver of credit and custodian 

of gambling devices or Video Lottery Terminals including Persons 

with access to cash and accounting records within such devices; 

b.) If not otherwise included as a Low Security Employee or 

Primary Management Official, any other person whose total cash 

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

c.) If not otherwise included as a Low Security Employee or 

Primary Management Official, the four most highly compensated 

persons in the Tribal Gaming Facility. 
15. "Indian Lands" or ItUmatilla Indian Landsft means all lands 

within the exterior boundaries of the Umatilla Indian Reservation; 

and any lands title to which is either held in trust by the United 

States for the benefit of the Confederated Tribes of the Umatilla 

Indian Reservation or individual Tribal member or held by any 

Indian tribe or individual Tribal member subject to restriction by 

the United States against alienation and over which an Indian tribe 

exercises governmental power. 

16. "Key Employeett means any officer or any Person who can 

affect the course of business, make decisions, or is in a sensitive 

position. 

17. wLicensett or tlLicensedll means a Tribal gaming License, or 

having a valid Tribal gaming License, issued by the Confederated 

Tribes of the Umatilla Indian Reservation by the Tribal Gaming 

Commission pursuant to this Ordinance. 

18. ItLottery" means any scheme for the disposal or 

distribution of property, by chance, among Persons who have paid or 

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. 

19. "Low Security Employeell means any Person employed to work 

in a gaming area with no responsibility for management or operation 

of the Class I11 Gaming activities and no access to inside gaming 

terminals or cash. Low Security Employee shall include the 

following: Bingo caller, croupier and card dealers. 

20. "Major Procurement" means any procurement action or 

contract for: 

1. The printing of tickets used in any Class I11 

Gaming; 

2. Any goods or services involving the receiving or 

recording of number selections in any Class I11 

Gaming; 

3. Any goods, services, or products involving the 

determination of winners in any Class I11 Gaming; 

or 

4. Video devices. 

21. "Minor Procurementtt means any procurement action or 

contract related to Class I11 Gaming that is neither a Major 

Procurement nor a Sensitive Procurement. A typical example of this 
class of procurement is a contract to change the external 

appearance of a Video Terminal. 

22. "National Indian Gaming Commissiontt or ttNIGC1l means the 

National Indian Gaming Commission, created by the Act. 

23. "Net Profitst1 means the total Gross Receipts from a 

gaming operation, less all reasonable sums actually expended for 

conducting said games, gaming supplies and equipment, Prizes, 

facilities, janitorial services, security services, rent, 

employees, criminal investigation and prosecutions, or other 

reasonable operating expenses except that management fees shall not 

be deducted to determine Net Profits. 

24. lvNon Banking Card Gamestt 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, wagers and pot 

limits is Class I1 Gaming. All other Non-Banking Card Games are 

Class I11 games. 

25. l1Playerw 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. 

26. I1Primary Management Off icialsl1 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. 

27. "Prizen 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. 

28. "Secretaryu means the Secretary of the Interior. 

29. "Sensitive Procurement" means any procurement action or 

contract for goods or services, other than a Major Procurement, 

that may either directly or indirectly affect the integrity, 

security, honesty, and fairness of the operation and administration 

of Class I11 Gaming. A typical example of this class of 
procurement is the acquisition of security systems required to 

protect the security and integrity of the Class I11 Gaming. 

30. llState" means the State of Oregon. 

31. !#Tribal Courtn means the Umatilla Tribal Court. 

32. I1Tribal ~aming Facilityl1 or "Gaming FacilityI1 means the 

building proposed to be constructed as of the date of execution of 

the Compact, by the Tribes on Tribal trust lands within the 

Umatilla Indian Reservation immediately north and east of exit 216 

on Interstate 84, more specifically described in Exhibit 1 to the 

Compact. If the size of the Gaming Facility is expanded as 

otherwise provided in the Compact, the term "Gaming Facilityl1 shall 

thereafter refer to the expanded facility. 

33. "Tribal Gaming Operationt1 means any Class I1 or Class I11 

Gaming operation conducted on Umatilla Indian Lands. 

34. "TribesH means the Confederated Tribes of the Umatilla 

Indian Reservation within the State of Oregon, recognized by the 

Secretary of the Interior, and having special rights of self 

government. Tribes shall also include Tribal agencies and 

officials. 

35. "Video Lottery Terminal" or llTerminal" means an 

electrical or electromechanical device, component, or Terminal that 

displays a ticket through the use of a video display screen, and 

that is available for consumer play upon payment of any 

consideration, with winners determined by the application of the 

element of chance and the amount won determined by the possible 

Prizes displayed on the device. 

Section 5. Gaminq Authorized and Rewlated. 

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. 

B. Class I1 Gaming is authorized on Indian Lands. Class I1 

Gaming shall be regulated by the Tribal Gaming commission and shall 

only be operated consistent with the provisions of this Ordinance 

and I.G.R.A. 

C. Class I11 Gaming is authorized on Indian Lands. Class 

I11 Gaming shall be regulated by the Tribal Gaming ~omrnission and 

shall only be operated consistent with this Ordinance, the Compact 

and I.G.R.A. 
Section 6. Use of Revenues from Class 11 and Class I11 Gaminq 

Activities. 

Tribal revenues from Class I1 and Class I11 Gaming activities 

shall be used only to: 

1. fund Tribal government operations, programs or 

businesses; 

2. provide for the general welfare of the Umatilla Indian 

Reservation or Tribal members (if the Board of Trustees elects to 

make per capita distributions, the per capita distribution plan 

must be approved by the Secretary of the Interior prior to 

implementation as required by the Act); 

3. promote economic development within the Umatilla Indian 

Reservation; 

4. donate to charitable organizations. 

Section 7. Gaminq Facility. 

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

welfare are adequately protected, the Tribal Gaming Facility shall 

be constructed and maintained in compliance with applicable Tribal 

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

codes and building codes. Tribal ordinances and regulations 

governing health and safety standards applicable to the Gaming 

Facility shall be at least as rigorous as standards imposed by the 

laws and regulations of the State of Oregon. 

B. The Tribal Gaming Facility shall be subject to inspection 

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

building inspector, or if none, the Tribal Gaming Commission, 

determines is necessary and appropriate. 

Section 8. Minors, Em~loyees Prohibited. 

A. No Person under the age of 18 years shall be permitted to 

play any Class I1 game or the Class I11 games of keno and off-track 

parimutuel betting. 

B. No Person under the age of 21 years shall be permitted to 

play any Video Lottery Terminal. 

C. No Person who is employed at a Class I1 or Class I11 

Gaming Facility may play any game conducted therein while on duty 

or while in uniform. 
Section 9. Prizes: Assiqnment and Forfeiture. 

A. Not Assisnable, 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 I1 or Class I11 

Gaming activity shall be retained by the owner of gaming activity 

or enterprise 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 Tribes. 

2. Any Prize won by a Person under the age of eighteen 

(18), or in the case of Video Lottery Terminals under the age of 

twenty-one (21)) shall be forfeited as a violation of Section 8 of 

this ordinance. Any such Prize shall be awarded to the Tribes, and 

the approximate consideration paid by the underaged Player shall be 

refunded to the Player. 

11. Administration 

Section 10. Gaminq Commission. 

A. Establishment and Composition. 

1. There is hereby created the ~ribal Gaming 

Commission. 

2. The Tribal Gaming Commission shall be comprised of 

a Gaming Commissioner, four (4) members and an alternate. 

B. Qualifications and Appointment. 

1. The Gaming Commissioner and Commission members shall 

i be appointed by the Board of Trustees, and shall possess and 

demonstrate as minimum qualifications: 

a. Knowledge and experience in the commercial 

gaming industry; 

b. Familiarity with the Act; 

c. Knowledge, experience or familiarity with law 

enforcement; or 
d. Experience in and knowledge of administration 

and administrative procedure. 

2. The Gaming Commission and all Commission members 

shall be from among the Tribes1 General Council membership except 

that the Board of Trustees may appoint non-member Indians or nonIndians to the Gaming Commission because of their demonstrated 

expertise in critical areas of gaming regulation or law 

enforcement. At no time shall there be more than two Gaming 

Commissioners who are not members of the Tribes. It shall be an 

objective of the Gaming Commission to insure that Commission 

members enrolled in the Tribes shall be trained to assume full 

responsibility to regulate the ~ribal Gaming Facility as soon as 

practicable. 

3. Appointments of the Commissioner and members shall 

be for a period of four (4) years, except that of the initial 

members one shall be one year, one for two (2) years, one for three 

(3) years and one for four (4) years, which will result in 

staggered appointment and provide continuity within the Commission. 

The Commissioner and all members may be re-appointed for one or 

more successive terms. 

4. No Person shall be appointed to the ~aming 

Commission unless the Board of Trustees is satisfied that: 

a. He or she is a Person of good character, 

honesty and integrity, who's prior activities, criminal record, if 

any, reputation, habits and associations do not pose a threat to 

the public interest of the Tribes, its members or to the effective 

regulation of gaming, or create or enhance the dangers of 

unsuitable, unfair, or illegal practices and methods and activities 

in the conducting of gaming or the carrying on of the business and 

financial arrangements incidental thereto; and 

b. He or she has no interest in any private gaming 

activity on Umatilla Indian Lands or any activity which may have 

interests in conflict with the Tribal Gaming Operation. 

5. The Gaming Commissioner and Commission members may 

be removed for good cause, after written notice and opportunity to 

be heard by the Board of Trustees. Good cause shall exist when any 

condition occurs or is discovered which would exclude a Person from 

appointment. The decision of the Board of Trustees shall be final. 

C. Duties and Powers. 

The ~aming Commission shall administer the provisions of this 

Ordinance and shall have all powers necessary therefore. In 

exercise of its duties, the Commission shall: 
1. Promulgate such rules and regulations as may be 

necessary and desirable for the proper implementation of this 

Ordinance; 

2. Identify and define the rules of play for each Class 

I1 and Class I11 game permitted; 

3. License, inspect and oversee all gaming activities 

and Persons employed in gaming activities conducted on Indian 

Lands; 

4. Conduct or cause another Entity to conduct 

background investigations of Key Employee, Primary Management 

Official, High Security Employee and Low Security Employee 

Applicants; 

5. Insure the Tribal Gaming Facility is operated in 

compliance with the Compact and I.G.R.A. 

6. Carry on a continuous study and investigation of 

Class I1 and Class I11 Gaming on Indian Lands for the purpose of: 

a. Ascertaining any defects in or abuses of the 

standards and regulations in this Ordinance or applicable rules and 

regulations; 

b. Formulating recommendations for changes in the 

standards and regulations in this Ordinance and any and all 

applicable rules and regulations; 

c. Preventing abuses and evasions of the standards 

and regulations prescribed by this Ordinance and applicable rules; 

7. Report to the Board of Trustees on any matters 

related to gaming which are deemed by the Gaming Commission to 

constitute an emergency requiring immediate action; 

8. Take any action it deems necessary and appropriate 

for violation(s) of this Ordinance, applicable rules and/or 

regulations, including but not limited to License suspension, 

revocation, prosecution, referral for prosecution, or civil suit; 

and 

9. Employ such employees as are necessary to carry out 

the specific and general powers and duties of the Commission. 

Commission employees shall meet all License requirements of High 

Security Employees. 

D. Compensation. 

The Gaming Commissioner, Commission members, and omm mission 

employees shall be reasonably compensated, as determined by the 
Board of Trustees in the annual Tribal budgeting process. The 

compensation shall be paid from the Tribesf income from gaming 

activities. 

Section 11. Licensinq. 

A. Authority to License. 

1. The Tribal Gaming Commission shall have the sole and 

exclusive authority to License and regulate Class I1 and Class I11 

Gaming operations on Umatilla Indian Lands which are now, or may 

hereafter, be permitted by federal law, this ordinance and the 

Compact. 

2. Class I Gaming shall not be regulated by this 

Ordinance and no Licensing shall be required for Class I Gaming. 

B. Types of Licenses to be Issued. 

1. The Gaming Commission shall issue the following 

Licenses for gaming on Umatilla Indian Lands: 

a. Primary Management Official License 

b. High Security License 

c. Low Security License 

d. Facility License 

e. Class I11 Gaming Contractor's License 

f. Class I1 Gaming Contractor's License 

g. Other Licenses necessary and appropriate 

2. Licenses shall be issued for Class I1 or Class I11 

Gaming, and shall indicate the type and class of License on the 

face of the License. A combined Class XI and Class I11 License may 

be issued if appropriate. 

Privacy Act Notice on Application Forms. 

1. The following notice shall be placed on the License 

application form before that form is filled out by an applicant: 

In compliance with the Privacy Act of 1974, the following 

information is provided: Solicitation of the information 

on this form is authorized by 25 U.S.C. 2701 et seq. The 

purpose of the requested information is to determine the 

eligibility of individuals to be employed in a gaming 

operation. The information will be used by National 
Indian Gaming Commission members and staff who have need 

for the information in the performance of their official 

duties. The information may be disclosed to appropriate 

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

and regulatory agencies when relevant to civil, criminal 

or regulatory investigations or prosecutions or when 

pursuant to a requirement by a tribe or the National 

Indian Gaming Commission in connection with the hiring or 

firing of an employee, the issuance or revocation of a 

gaming License, or investigations of activities while 

associated with a tribe or a gaming operation. Failure 

to consent to the disclosures indicated in this notice 

will result in a tribe's being unable to hire you in a 

primary management official or key employee position. 

The disclosure of your Social Security Number (SSN) is 

voluntary. However, failure to supply a SSN may result 

in errors in processing your application. 

2. Applicants shall be notified in writing that they 

shall either: 

a. Complete a new License application form that 

contains a Privacy Act notice; or 

b. Sign a statement that contains the Privacy Act 

notice and consent to the routine uses described in that notice. 

3. The following notice shall be placed on the License 

application form before that form is filled out by an applicant: 

A false statement on any part of your License 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.) 

4. The Tribes shall notify in writing applicants that 

they shall either: 

a. Complete a new application form that contains 

a notice regarding false statements; or 

b. Sign a statement that contains the notice 

regarding false statements. 

Section 12. License Fees: Application Fees and Renewal. 

A. Any Person making application for a Tribal gaming License 

pursuant to this Ordinance shall submit his or her application, 

required forms and information, and an application fee, as 

established by the Tribal Gaming Commission pursuant to this 

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

expiration of their License make application for renewal, as 

required by the Gaming omm mission, and shall submit the 

application, required forms and information together with a renewal 

fee equivalent to 100% of the then prevailing License fee. 

C. The omm mission shall have the authority to establish the 

License application fees provided in this Section by regulation. 

The basis for any such License fee shall reflect the costs incurred 

by the ~ribal ~aming Commission associated with the issuance of 

Gaming Licenses, including background checks. 

D. The Commission shall be authorized to collect payment for 

License fees by lump sum payment, monthly payment plan, payroll 

deduction or any other means deemed appropriate by the Commission. 

Section 13. License: ~ualifications and ~eauirements. 

A. Licensinq of Gamins Employees. 

1. All Primary Management Officials, High Security 

Employees and Low Security Employees to be employed in the Gaming 

Facility shall be Licensed by the Tribal Gaming Commission in 

accordance with the provisions of the Compact. 

2. All prospective employees of the Gaming Facility -- 

Primary Management Officials, High Security Employees and Low 

Security Employees -- shall provide to the Tribal Gaming Commission 

any required application fees and the following information: 

a. Full name, including any aliases by which the 

applicant has been known; 

b. Social security number; 

c. Date and place of birth; 

d. Citizenship; 

e. Gender; 

f. All languages spoken or written; 

g. Residential addresses for the past five years; 

h. Employment history for the past five years; 

i. Ownership interests in any business for the 

past five years and address of any such business; 
j. Description of any existing or previous 

business relationships, including prior employment, with any Indian 

tribe and, if applicable, any ownership interest of such business; 

k. The names and current addresses of at least 

three (3) personal references, including one (1) personal reference 

who was acquainted with the applicant during each period of 

residence listed under subparagraph (9) of this paragraph; 

1. A description of any existing and previous 

business relationships with the gaming industry generally, 

including ownership interests in those businesses; 

m. 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; 

n. The name and address of any licensing or 

regulatory agency with which the applicant has filed an application 

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

license or permit was granted; 

o. Current driver's license number and any other 

driver's license held in the last five years; 

p. All criminal proceedings, except for minor 

traffic offenses, to which the applicant has been a party; 

A current photograph; 

r. Any other information required by the Gaming 

Commission. 

3. In addition to the requirements of paragraph 2 of 

this subsection, prospective Primary Management Officials, High 

Security Employees and Low Security Employees shall provide a set 

of fingerprints. The Umatilla Tribal Police Department shall be 

responsible for fingerprinting License applicants. 

4. The Tribal Gaming Commission shall forward the 

applicant information to the State, along with the application fee 

described in subsection C of this Section. The Oregon State Police 

shall conduct a background investigation on all prospective Primary 

Management Officials, High Security Employees, and provide a 

written report to the Tribal Gaming Commission within a reasonable 

period of time, but in no event shall such background checks exceed 

thirty (30) days without notice to and consent of the Tribal Gaming 

Commission. The Tribal Gaming Commission shall forward the 

applications for Low Security Employees, and any applicable 

application fees, to the Oregon State Police or the ~matilla ~ribal 

Police Department, as the Gaming Commission determines appropriate 
for a background investigation. The law enforcement agency doing 

the background check shall submit a written report on the 

background investigation done on the Low Security Employee within 

30 days to the Tribal Gaming Commission. 

5. a. The Tribal Gaming Commission shall deny a 

gaming License to any prospective High Security Employee or Primary 

Management Official who has committed any of the following crimes 

under the law of any jurisdiction, or is the subject of a civil 

judgment in any jurisdiction that is based upon facts that 

constitute the elements of any of the following crimes: 

Aggravated murder; murder in the first degree 

Assault (in the first or second degree) 

Kidnapping in the first degree 

Rape in the first degree 

Sodomy in the first or second degree 

Unlawful sexual penetration in the first 

degree 

Sexual abuse in the first or second degree 

Any crime related to child pornography 

Forgery in the first degree 

Possession of a forgery device 

Unlawful factoring of a credit card 

transaction 

Falsifying business records 

Sports bribery or receiving a sports bribe 

Making a false financial statement 

Obtaining execution of a document by deception 

Theft by extortion 

Arson in the first degree 

Computer crime 

Robbery in the first or second degree 

Bribery 

Bribing a witness 

Perjury 

Any theft accomplished by manipulation of 

records; e.g., embezzlement 

Promotion of unlawful gambling 

Conviction of any crime if the original charge 

was promotion of unlawful gambling, and a 

lesser charge was plea-bargained 

Tax evasion 

b. The Tribal Gaming Commission shall deny a 

gaming License to any prospective High Security Employee or Primary 

Management Official who has associated in a business relationship, 

whether as a partner, joint venturer or employer, with any other 

Person who has been convicted of one of the crimes listed in 

subparagraph a. of this paragraph. The Tribal Gaming omm mission 

shall deny a gaming License to any prospective High security 

Employee or Primary Management Official who was employed by any 
other Person who has been convicted of one of the crimes listed in 

subparagraph a. of this paragraph, if the prospective employee or 

official was in any way involved in or aware of the criminal 

activity as it occurred. 

c. The Tribal Gaming Commission shall deny a 

gaming License to any prospective High Security Employee or Primary 

Management Official if: 

(1) The applicant fails to disclose any material 

fact to the Tribes or their authorized agents 

during a background or security investigation; 

or 

(2) The applicant misstates or falsifies a 

material fact to the Tribes during a 

background or security investigation. 

d. The Tribal Gaming Commission may deny a gaming 

License to any prospective High Security Employee or Primary 

Management Official for any reason the Tribal Gaming Commission 

deem sufficient. Such decisions to grant or deny a gaming License 

shall be consistent with the principles set forth in subsection A 

of section 6 of the Compact. In determining whether to deny a 

gaming License to any prospective High Security Employee or Primary 

Management Official, the factors to be considered by the Tribal 

Gaming omm mission shall include, but need not be limited to, the 

following: 

(1) The applicant has been convicted of any crime 

(other than a crime listed in subparagraph a. 

of this paragraph) in any jurisdiction; 

(2) the applicant has associated with Persons or 

businesses of known criminal background, or 

Persons of disreputable character, that may 

adversely affect the general credibility, 

honesty, integrity, security, fairness or 

reputation of the Tribal Gaming Commission 

gaming operation; or 

(3) There is any aspect of the applicant's past 

conduct that the Tribes determine would 

adversely affect the honesty, integrity, 

security or fairness of Tribal gaming 

operation. 

e. The Tribal Gaming Commission shall deny a 

License to any prospective Low Security Employee who does not meet 

the criteria established in sub-subparagraphs (1) to (5) of this 

subparagraph. The Tribal Gaming Commission may deny a License to 

any prospective Low Security Employee, who does not meet the 
criteria establishment in sub-subparagraphs (6) to (26) of this 

subparagraph or in subparagraphs c. or d. of this paragraph. 

Decisions to grant or deny a Low Security Employee License shall be 

consistent with the principles set forth in subsection A of section 

6 of the Compact. 

f. The Tribal Gaming commission may reject an 

application if the applicant has not provide all of the information 

requested in the application. 

6. Denial of employment or a License by the Tribal 

Gaming Commission is final. 

7. Waiver of Disaualifvins Criteria. 

a. If a prospective Primary Management Official, 

High Security Employee, or Low Security Employee is disqualified 

for licensing or employment under the provisions of paragraph 5. 

above, and the Tribal Gaming Commission believes that there are 

mitigating circumstances that justify waiver of the disqualifying 

factor, the Tribal Gaming Commission may give written notice to the 

State asking to meet and confer concerning waiver of the 

disqualification. The Tribal Gaming Commission and the State shall 

meet within 15 days after written notice is given. 

b. In order to waive disqualification of licensing 

or employment of any prospective Primary Management official, High 

Security Employee, or Low Security Employee, both the Tribal Gaming 

Commission and the State must agree on the waiver. 

c. Waiver of disqualification of licensing or 

employment may be based on one or more of the following 

circumstances: 

(1) Passage of time since conviction of a crime; 

(2) The applicant's age at the time of conviction; 

(3) The severity of the offense committed; 

(4) The overall criminal record of the applicant; 

(5) The applicant's present reputation and 

standing in the community; 

(6) The nature of the position for which the 

application is made. 

8. Tem~orary licensinq of employees. 

a. The Tribal Gaming Commission may issue a 

temporary License to High Security Employees 30 days after 
submission of the application to the Oregon State Police. The 

temporary License shall expire and become void upon completion of 

the background check and award or denial of a permanent License. 

b. The Tribal Gaming Commission may employ Low 

Security Employees on probation 10 days after submission of the 

application to the Oregon State Police. Any Low Security Employee 

shall be subject to immediate termination during probation if the 

Tribal Gaming Commission determines that the employee does not meet 

the criteria established in sub-subparagraphs (1) to (5) of 

subparagraph a. above. 

9. Backsround investisation durins emplovment. The 

Tribal Gaming Commission may request the State to conduct 

additional background investigations of any gaming employee at any 

time during the term of employment. The State shall report to the 

Tribal Gaming Commission any cause for the revocation of License 

and dismissal of any employee under the criteria established in 

paragraph 5 of subsection A above, and furnish the Tribal Gaming 

Commission with copies of all relevant information. The Tribal 

Gaming Commission shall review the Staters report and supporting 

materials and if the Tribal Gaming Commission concludes that good 

cause for dismissal is shown under the criteria established in 

paragraph 5 of subsection A above, the subject employee may be 

dismissed. An employee shall be dismissed if the Tribal Gaming 

Commission would have been required to deny a License and 

employment to that employee under the provisions of paragraph 5 of 

this subsection. 

10. Duration of License and renewal. Any employee 

License shall be effective for not more than three (3) years from 

the date of issue except that a Licensed employee who has applied 

for renewal may continue to be employed under the expired License 

until final action is taken on the renewal application in 

accordance with the provisions of paragraphs 2 to 5 of subsection 

A above. The effective date and period shall be stated on the face 

of the License. Applicants for renewal shall provide a renewal fee 

and updated information to the Tribal Gaming Commission but will 

not be required to resubmit historical data already provided. 

11. Revocation of License. 

a. The Tribal Gaming Commission may revoke the 

License of any employee pursuant to regulations promulgated by the 

Tribal Gaming Commission. The Tribal Gaming Commission shall 

revoke the License of any employee upon determination that an event 

has occurred that would have prohibited the Tribal Gaming 

Commission from licensing the employee under the criteria described 

in paragraph 5 of subsection A above. 

b. If, after the issuance of a gaming License, the 

Tribal Gaming Commission receives from the NIGC reliable 
information indicating that a Primary Management official, High 

Security Employee or Low Security Employee is not eligible for 

employment under I.G.R.A., the Tribal Gaming Commission shall 

suspend such License and shall notify in writing the licensee of 

the suspension and the proposed revocation. 

c. The Tribal Gaming Commission shall notify the 

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

revocation of a License. 

d. After a revocation hearing, the Tribal Gaming 

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

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

12. The decision of the Tribal Gaming Commission to 

grant a License to a Primary Management Official, High Security 

Employee or Low Security Employee is subject to the review and 

approval of the NIGC as provided in Section 14 of this Ordinance. 

13. The Tribal Gaming Commission shall insure that the 

Primary Management Officials maintain a procedural manual for 

employees that includes rules and regulations of conduct and 

disciplinary standards for breach of procedures and that prohibits 

violations of this Ordinance, I.G.R.A., the Compact and other 

applicable law. 

Contracts with Manufacturers and Su~~liers. 

1. The Primary Management Officials shall contract with 

all manufacturers or suppliers of goods or services related to the 

play of Class I11 games authorized by the Compact before conducting 

any business related to Class I11 games. 

2. The Tribal Gaming Commission shall submit any 

proposed Class I11 Gaming Contract to the State for review and 

comment, and for a background investigation of the contract License 

applicant. The Tribal Gaming Commission may require that Class I1 

Gaming Contract or applicants be subject to background 

investigation by the State or Tribal Police Department. 

3. A background investigation may be conducted by the 

State on all Class I11 Gaming Contract applicants or contractors. 

The level of investigation will be determined by whether the 

individual procurement is classified as a Major Procurement, Minor 

Procurement or Sensitive Procurement. The level of investigation 

for a Major Procurement and Sensitive Procurement shall be more 

intense than that for a Minor Procurement. 

4. All Class I1 and I11 Gaming Contract applicants, and 

any owner or Key Employee of an applicant, shall provide all 

Personal and business information required by the Tribal Gaming 

Commission and/or State to conduct the background investigation. 
5. The Tribes shall not enter into any Class I11 Gaming 

Contract that does not grant the State or the Tribal Gaming 

Commission access to the contractor's business and financial 

records. The Tribes shall not enter into any Class I1 Gaming 

Contract that does not grant the Tribal Gaming Commission access to 

the contractor's business and financial records. 

Criteria for Denial of Contract Application. 

a. The Tribal Gaming Commission shall deny a Class 

I11 Gaming Contract application for a Major or Sensitive 

Procurement if the applicant, or any owner or Key Employee of the 

applicant has been convicted of a crime, or is the subject of a 

civil judgment based upon facts that constitute the elements of a 

crime described in subparagraph a of paragraph 5 of subsection A 

above. 

b. The Tribal Gaming Commission shall deny a Class 

I11 Gaming Contract application for a Major or Sensitive 

Procurement if the applicant, or any owner or Key Employee of the 

applicant, has associated in a business relationship, whether as a 

partner, joint venturer or employer, with any other Person who has 

been convicted of one of the crimes listed in subparagraph a of 

paragraph 5 of subsection A above. The Tribal Gaming Commission 

shall deny a Class I11 Gaming Contract to any applicant, if the 

applicant, or any owner or Key Employee of the applicant, was 

employed by any other Person who has been convicted of one of the 

crimes listed in subparagraph a of paragraph 5 of subsection A of 

this section, if the applicant, owner or Key Employee was in any 

way involved in or aware of the criminal activity as it occurred. 

c. The Tribal ~aming Commission shall deny a Class 

I11 Gaming Contract application for a Minor Procurement if the 

applicant, or any owner or Key Employee of the applicant, has been 

convicted of a crime described in sub-subparagraphs (1) to (5) of 

subparagraph a of paragraph 5 of subsection A of this section, or 

is the subject of a civil judgment based upon facts that constitute 

the elements of a crime described in sub-subparagraphs (1) to (5) 

of subparagraph a of paragraph 5 of subsection A of this section. 

d. The Tribal Gaming Commission shall deny a Class 

I11 Gaming Contract License application if: 

(1) The applicant fails to disclose any material 

fact to the Tribal Gaming Commission or the 

State or their authorized agents during a 

background or security investigation; or 

(2) The applicant misstates or falsifies a 

material fact to the Tribal Gaming commission 

or the State during a background or security 

investigation. 
e. The Tribal Gaming commission may deny any Class 

I11 Gaming Contract License application for any reason the Tribal 

Gaming Commission deems sufficient. Such decisions to deny a Class 

I11 Gaming Contract application shall be consistent with the 

principles set forth in subsection A of section 6 of this Compact. 

In determining whether to deny a Class I11 Gaming Contract 

application, the factors to be considered by the Tribal Gaming 

 omm mission shall include, but need not be limited to the reasons 

described in subparagraph d of paragraph 5 of subsection A of this 

section. 

f . The Tribal Gaming Commission may deny any Class 

I11 Gaming Contract License application if: 

(1) A Person who is unqualified or disqualified to 

be a Class I11 Gaming Contractor owns, is an 

agent of or has any other interest in the 

applicant, regardless of the qualifications of 

the Person who seeks approval as a contractor; 

(2) The applicant demonstrates inadequate 

financing for the business proposed under the 

type of contract for which application is 

made. In determining whether financing is 

adequate, the Tribal Gaming Commission shall 

consider whether financing is from a source 

that meets the qualifications of paragraph 5 

of subsection A of this section, or paragraph 

6 of subsection B of this section and whether 

that financing is in an amount to ensure the 

likelihood of success in the performance of 

the contractor's duties and responsibilities; 

or 

(3) The applicant or its employees fail to 

demonstrate business ability and experience to 

establish, operate, and maintain the business 

for the type of contract for which application 

is made. 

g. In evaluating whether to deny a contract 

related to Class I11 Gaminq based on subparagraph e or f of 

paragraph 6 of subsection B of this section, the Tribal Gaming 

Commission may consider the following factors: 

(1) The nature and severity of the conduct that 

constituted the offense or crime; 

(2) The time that has passed since satisfactory 

completion of the sentence, probation, or 

payment of the fine imposed; 
(3) The number of offenses or crimes; and 

(4) Any extenuating circumstances that enhance or 

reduce the impact of the offense or crime on 

the security, integrity, honesty, and fairness 

of the Tribal gaming enterprise. 

h. No Person applying for a Class I11 Gaming 

Contract License shall own, manufacture, possess, operate, own an 

interest in, or gain income or reimbursement in any manner from 

video gaming devices in any jurisdiction unless the devices are 

approved and certified by another state Lottery, gambling or gaming 

control agency, Indian Tribe, National Indian Gaming Commission, or 

foreign country, that has jurisdiction to approve that activity, 

and such ownership, manufacture, possession, operation, or income 

is disclosed to the Tribal Gaming Commission. 

i. The Tribal Gaming Commission may deny a Class 

I1 Gaming Contract License based upon any of the criteria for 

denial of a Class I11 Gaming Contractor License as provided in this 

subsection. 

j. The Tribal Gaming Commission may reject an 

application for either a Class I1 or Class I11 Gaming Contract 

License if the applicant has not provided all of the information 

requested in the application. 

7. Contractor Re~ortinq Requirements. 

a. All Class I11 Gaming Contractors shall submit 

to the Tribal Gaming Commission and the State any financial and 

operating data requested by the Tribal Gaming Commission or the 

State. All Class I1 Gaming Contractors shall submit to the Tribal 

Gaming Commission any financial and operating data requested by the 

Tribal Gaming Commission. 

b. The Tribal Gaming Commission and the State as 

authorized in this subparagraph, may specify the frequency and a 

uniform format for the submission of such data. 

c. The Tribal Gaming Commission, the State, or 

their agents reserve the right to examine contractor tax records 

and the detailed records from which the tax reports are compiled. 

The State's authority is limited to the tax records of Class I11 

Gaming Contractors. 

8. Duration of License and Renewal. 

Any Contractor License shall be effective for not more than 

three (3) years from the date of issue. ~pplicants for renewal 

shall provide a renewal fee and updated information to the Tribal 
Gaming Commission but will not be required to resubmit historical 

data already provided. 

9. Revocation of License. 

a. The Tribal Gaming Commission may revoke the 

License of any contractor pursuant to regulations promulgated by 

the Tribal Gaming Commission. The Tribal Gaming Commission shall 

revoke the License of any contractor upon determination that an 

event has occurred that would have prohibited the Tribal Gaming 

Commission from licensing the contractor under the criteria 

described in paragraph 6 of this subsection. 

C. Fees for A~~roval of Em~lovment Licenses and Contracts. 

1. TheStateshallbereimburseditscostsforapproval 

of employee and contractor Licenses, in accordance with the terms 

of the Compact. 

2. The fees for State background investigations and 

review of employee and contractor Licenses applications shall be 

set pursuant to a Memorandum of Understanding between the parties 

to be negotiated annually. 

3. Should actual costs incurred by the State exceed the 

fees agreed to by the parties in the annual Memorandum of 

Understanding, the State will assess those additional costs to the 

Tribal Gaming Commission during or after the investigation. The 

applicant is required to pay the License fee in full prior to 

issuance of the contract or License except that interim contracts 

or Licenses shall be issued for the period of time that a dispute 

is pending as contemplated at paragraph 4 of this subsection. 

D. Manasement Contracts. 

1. The Primary Management Official shall provide the 

State and Tribal Gaming Commission at all times with a current copy 

of any management agreement with the Tribes that allows it to 

conduct Class I11 Gaming on the Umatilla Tribal trust land. 

2. The Primary Management Official shall furnish to the 

Tribes, the Tribal Gaming Commission and the State complete 

information pertaining to any transfer of controlling interest in 

the management company at least 30 days before such change; or, if 

the Primary Management Official is not a party to the transaction 

effecting such change of ownership or interests, immediately upon 

acquiring knowledge of such chanqe or any contemplated chanqe. 
Section 14. National Indian Gaminq Commission Review of 

Employee Licenses 

A. Report to the National Indian Gamins Commission. 

1. The Tribal Gaming Commission shall prepare and 

forward to the NIGC an investigative report on background 

investigations for each Primary Management Official, High Security 

Employee or Low Security Employee. The investigative report shall 

be submitted to the NIGC within 60 days after such employee begins 

work in the Tribal Gaming Facility. The 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. 

2. The Tribal Gaming Commission shall submit, with the 

report, a copy of the License eligibility determination made under 

Section 13 A of this Ordinance. 

3. If a License is not issued to an applicant, the 

Tribal Gaming Commission: 

a. Shall notify the NIGC; and 

b. May forward copies of its eligibility 

determination and investigative report (if any) to the NIGC for 

inclusion in the Indian Gaming Individuals Records System. 

4. No Primary Management Official, High Security 

Employee or Low Security Employee may be employed at the Tribal 

Gaming Facility for longer than ninety (90) days without the 

necessary License. 

5. With respect to Primary Management Officials, High 

Security Employees and Low Security Employees, the Tribal Gaming 

Commission shall retain applications for employment and reports (if 

any) of background investigations for inspection by the Chairman of 

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

from the date of termination of employment. 

B. Grantins a Gaminq License 

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

receives an investigative report, the NIGC notifies the Tribal 

Gaming Commission that it has no objection to the issuance of a 
License pursuant to a License application filed by a Primary 

Management Official, High Security Employee or Low Security 

Employee for whom the Tribal Gaming Commission has provided an 

application and investigative report to the NIGC, the Tribal Gaming 

Commission may issue a License to such applicant. 

2. The Tribal Gaming Comrnission shall respond to a 

request for additional information from the Chairman of the NIGC 

concerning a Primary Management official, High Security Employee or 

Low Security Employee who is the subject of an investigative 

report. Such a request shall suspend the 30-day period under 

subsection B 1 of this Section until the Chairman of the NIGC 

receives the additional information. 

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

above, the NIGC provides the Tribal Gaming Commission with a 

statement itemizing objections to the issuance of a License to a 

Primary Management Official, High Security Employee or Low Security 

Employee for whom the Tribal Gaming Commission has provided an 

application and investigative report to the NIGC, the Tribal Gaming 

Commission shall reconsider the application, taking into account 

the objections itemized by the NIGC. The Tribal Gaming Commission 

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

applicant. 

Section 15. License Suspension and Revocation. 

A. Suspension and Revocation. 

1. Any License issued by the Tribal Gaming Commission 

shall be suspended, without prior notice, if the National Indian 

Gaming Commission, after notification by the Tribal Gaming 

Commission of the issuance of a License, and after appropriate 

review, indicates that a Primary Management Official, High Security 

Employee or Low Security Employee does not meet the standards 

established and set forth herein, pursuant to 25 U.S.C. 5 2710, and 

after notice and hearing may revoke such License. 

2. The Tribal Gaming Commission shall immediately 

suspend, and after notice and hearing, revoke the License issued 

pursuant to this Ordinance to any Person or Entity who is or 

becomes ineligible to hold a License under this Ordinance or who 

violates any provision of this Ordinance, or of 25 U. S.C. 5 2701 et 

seq., or of 18 U.S.C. § 1163 or regulations promulgated and adopted 

thereunder. 

B . Revocation Not ice. 

1. The Tribal Gaming Commission shall promptly notify 

in writing any Licensee whose License has been or will be revoked 

and shall include in said notice: 
a. The effective date of the revocation; 

b. The reason(s) for the revocation; 

c. The right of the Licensee to appeal the 

revocation to the Tribal Court within ten (10) days of the 

Licensee's receipt of the revocation notice. 

2. A copy of the revocation notice shall be sent to the 

National Indian Gaming Commission. 

C. Revocation Hearinq. 

1. A Licensee may appeal the revocation of his/her 

License to the Tribal Court by sending a written notice of appeal 

of the revocation to the Tribal Court and the Tribal Gaming 

Commission no later than 10 days after the Licensee receives notice 

that his/her License has been revoked. The notice of appeal shall 

clearly state the reason(s) why the Licensee believes his/her 

License should not be revoked. 

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

revocation, the Tribal Court shall schedule a revocation hearing to 

be conducted within twenty (20) days of receipt of the Licensee's 

notice of appeal. Written notice of the time, date and place of 

the hearing shall be delivered to the Licensee no later than five 

days before the scheduled date of the hearing. 

3. The Licensee and the Tribal Gaming Commission may be 

represented by legal counsel at the revocation hearing. The 

Licensee and the Tribal Gaming Commission may present witnesses and 

evidence in support of their respective positions and may examine 

witnesses and evidence presented by the opposing side. 

4. The Tribal Court shall issue its decision no later 

than ten (10) working days following the revocation hearing. The 

decision of the Tribal Court shall be final and conclusive, and no 

appeal to a higher court shall be allowed. 

5. A copy of the Tribal Court's decision regarding the 

revocation of a License shall be sent to the Tribal Gaminq 

Commission and NIGC. 

D. Application for Relicensinq. 

No Person, Entity or Contractor whose Gaming License has been 

revoked shall be eligible for a new License until 12 months after 

the effective date his/her License was revoked. 
111. Class I1 Gaminq 

Section 16. Definitions. 

1. "Bingol1 means Bingo as defined in Section 3 of this 

ordinance. 

2. "Bingo Occasion" means a single session or gathering 

at which a series of successive Bingo games are played. 

3. "Card gamesut means Non-Banking Card Games played in 

conformity with Oregon State law regulating hours, wagers and pot 

limitations. For purposes of this definition, Oregon State law 

does not include county or municipal laws or regulations. 

4. "Game Cardn and llBingo Game Card" means a Regular or 

Special Bingo Card. 

5. llPull Tabsn means factory covered tickets which are 

purchased and opened by customers revealing a predetermined winning 

arrangement. 

6. l1Punch Boardn 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. 

7. "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. 

8. I1Special 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) . 

9. flSpecial Bingo Gameu 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. 

10. "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 17. Authorization to Conduct Class I1 Gaminq. 

A. Class I1 Gaming shall be owned and operated exclusively 

by the Tribes, and no License to own or operate any Class I1 Gaming 
shall be issued to any other Person or Entity. Class I1 Gaming on 

Umatilla Indian Lands shall only be authorized at the Tribal Gaming 

Facility. 

B. The Manager or operator of the Tribal Gaming Facility 

shall obtain a License as a condition of conducting a Class I1 

Gaming activity in the Facility. 

Section 18. Manaqement Contracts. 

The Confederated Tribes of the Umatilla Indian Reservation may 

enter into a management contract for the operation and management 

of Class I1 Gaming activities. Each such contract must comply with 

the provisions of this Ordinance, other applicable provisions of 

Tribal law (including, but not limited to, Tribal Employment Rights 

Ordinance), and provisions of federal law (including, but not 

limited to, 25 U.S.C. 5 2711). 

Section 19. Games Permitted. 

A. The Tribes, or any Manager under contract to manage the 

Tribal Gaming Facility, may conduct Bingo and Non Banking Card 

Games. 

B. A schedule of the Class I1 games to be conducted must be 

conspicuously posted at each entrance to the Tribal Gaming Facility 

each week in which games will be conducted. The schedule must 

include a statement of the Prizes offered for each game. 

Section 20. Binqo Game Cards. 

A. The Manager of the Tribal Gaming Facility shall provide 

the game cards to be used for each Bingo game conducted and each 

card shall be marked to indicate that the issuing facility is the 

Tribal Gaming Facility. 

B. Special Bingo cards must be issued separately from 

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

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

issuance. In the case of computer-generated 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 be verified. A special Bingo card shall be 

valid only for the designated game. 

Section 21. Player b imitation. 

The number of Persons permitted to play any Class I1 game 

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

appropriate, except that: 
A. The number of people permitted in the Tribal Gaming 

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. 

B. 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 22. 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 Gaming Commission, for purposes 

of inspection or regulatory duties. 

Section 23. Hours of Operation: Notice to Commission. 

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

days a week, subject to approval by the Tribal Gaming Commission. 

B. Prior to operation of Class I1 Gaming or any change in 

hours of operation, the operator shall: 

1. Notify the Tribal Gaming Commission of the proposed 

hours and days its facility will be open, and the hours and days 

gaming will be conducted. 

2. The proposed schedule shall be approved unless the 

Tribal Gaming Commission notifies the owner or operator of its 

objection within 15 days of its receipt of the proposed schedule. 

3. If the Tribal Gaming Commission makes objection, it 

shall state its reasons and the changes necessary, and the proposer 

may submit a revised proposal accommodating the Commission's 

objections, or may request an opportunity to rebut the objections. 

(a) Submission of a revised schedule, incorporating 

and accommodating the objections, shall be deemed approved upon its 

submission. 

(b) If an opportunity to rebut is requested, a 

conference shall be set within fifteen (15) days. The Tribal 

Gaming Commission shall issue its decision, which shall be final 

and not subject to further appeal, within fifteen (15) days of the 

conference. 
IV. Class I11 Gaminq 

Section 24. Exclusive ownership by Tribes. 

Class I11 Gaming shall be owned and operated exclusively by 

the Tribes, and no License to own or operate any Class I11 Gaming 

shall be issued to any other Person or Entity. 

The Manager or operator of the Tribal Gaming Facility shall 

obtain Facility License as a condition of operating a Class I11 

Gaming operation. 

Section 25. Authorized Operation. 

A. The Tribes, or any Manager or operator under contract to 

manage the Tribal Gaming Facility may operate Class I11 Gaming at 

the Tribal Gaming Facility on Umatilla Indian Lands. 

B. The Tribes, or any Manager or operator under contract to 

manage the Tribal Gaming Facility shall submit its proposed Class 

I11 operation, which shall be approved by the Gaming Commission if: 

1. the proposed facility is in compliance with safety 

requirements of this Ordinance; and 

2. the Class I11 Gaming proposed is consistent with the 

Compact; and 

3. the Class I11 Gaming operation proposal complies 

with all applicable Federal and Tribal laws and regulations. 

Section 26. Manaqement Contracts. 

The Board of Trustees may enter into a management contract for 

the operation and management of Class I11 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 Rights Ordinance), and 

provisions of federal law (including, but not limited to, 25 U.S.C. 

5 2711). 

Section 27. Games Permitted. 

A. The Tribes may conduct any Class I11 game or games 

permitted pursuant to the Compact. 

B. The Tribes may conduct any Class I11 game which is first 

legalized within the State of Oregon 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. 
Section 28. ~equlation and Inspection. 

A. Class I11 Gaming shall be regulated by the Tribal Gaming 

Commission, which shall adopt all necessary and appropriate rules 

and regulations for Class I11 Gaming including but not limited to: 

1. Game rules and conduct 

2. Public display of rules requirements 

3. Gaming Facility requirements 

4. Permitted games specifications and requirements 

B. The Tribal Gaming Facility shall be open at all usual 

business hours for inspection by the Tribal Gaming Commission, and 

the State officials designated by the State of Oregon pursuant to 

the Compact. 

Section 29. Hours of Overation. 

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

days a week, subject to approval by the Tribal Gaming Commission. 

B. The Tribes shall submit, and the Tribal Gaming Commission 

shall approve, proposed hours of operation unless the proposed 

hours pose a risk to the health, welfare or safety of the public. 

V. Records and Audits 

Section 30. Records Maintenance. 

The Tribal Gaming Facility shall maintain accurate and up-todate records for each gaming activity conducted. 

Records shall include records of: 

1. all financial transactions; 

2. all gaming machine test ing, malfunctions, 

maintenance and repairs; 

3. Personnel; 

4. complaints of patrons and resolution thereof; 

5. Gaming Facility in-house investigations of incidents 

and accidents of any kind; 

6. actions by Gaming Facility against Players or 

facility visitors; 
7. actions by Gaming Facility against or in reprimand 

of employees. 

8. tax records or information provided to the State or 

Federal government as required by the Compact or Federal law. 

Section 31. Independent Audits. 

A. Gaminq ~ctivities Licensed or Conducted by the Tribes. 

The Tribal Gaming Commission shall require, and the Board of 

Trustees shall cause, an audit to be conducted each year on all 

Class I1 and Class I11 Gaming activities Licensed or conducted at 

the Tribal Gaming Facility. Such audit (s) shall be conducted by an 

independent auditing firm, selected at the sole discretion of the 

Board of Trustees, or the Tribal Gaming Commission on its behalf. 

However, nothing in this paragraph shall prohibit the annual audit 

of Tribal gaming activities from being encompassed within the 

Tribesf existing audit system. 

B. Contracts for Supplies, Services or Concessions. 

Each contract for supplies, services, or concessions with a 

contract amount in excess of $25,000 annually (except contracts for 

professional legal or accounting services) relating to a Class I1 

or Class I11 Gaming activity shall be subject to the independent 

audit required by subparagraph (A), above. 

C. Audit R~DOI-t to be Provided to National Indian Gaminq 

Commission. The Tribal Gaming Commission shall furnish a copy of 

each annual gaming activities audit report to the Gaming Committee 

and the National Indian Gaming Commission, as required by 25 U. S.C. 

s 2710(b) (2) (c) . 

V. Dispute Resolution and Violations Procedures 

Section 32. Resolution of Disputes Between Gaminq Facility 

Customer and Manaqer 

A. Customers of the Tribal Gaming Facility who dispute any 

decision made by employees of the Tribal Gaming Facility relevant 

to their participation,in Class I1 or Class 111 Gaming operations 

shall have their dispute resolved as provided in this Section. 

B. The customer with the dispute shall file a written 

statement of the facts or circumstances of the dispute with the 

manager of the Tribal Gaming Facility within five days of the 

dispute. The manager shall have three (3) days to prepare its 

written response to the customer. The manager shall provide copies 

of the customer statement and its response to the Tribal ~aming 

Commission. 
C. In the event the customer is dissatisfied with the 

response from the manager of the Tribal Gaming Facility the 

customer may request a hearing before the Tribal Gaming Commission. 

This request must be submitted to the Commission within seven days 

of the response from the manager of the Tribal Gaming Facility. 

The Commission shall notify the customer and manager of the time 

and place set for the hearing in writing at least five days before 

the hearing. The Commission shall hold a hearing within 20 days of 

its receipt of the request for a hearing. The customer shall be 

authorized to submit written and oral evidence in support of 

his/her claim. The manager shall also attend the hearing to 

respond to the claim(s) made by the customer. The decision of the 

Tribal Gaming Commission shall be final. 

D. The manager of the Tribal Gaming Facility shall provide 

notice to the customers of the Tribal Gaming Facility of this 

dispute resolution procedure. In addition, the manager shall also 

make forms for filing a claim against the manager available to 

customers of the Tribal Gaming Facility. 

Section 33. Crimes: Penalties. 

A. It shall be unlawful for any Person to: 

1. Operate or participate in gaming on Umatilla 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 an employment or contractor License application as required in 

this Ordinance; 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 Umatilla Indian Lands. 

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 

violation. A separate violation occurs on each day that a 

violation arises or continues. 

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 Tribes may dispose of the seized 

property. 
D. Any non-Indian who violates a provision of this Ordinance 

may be excluded from the Indian Lands within the jurisdiction of 

the Confederated Tribes of the Umatilla Indian Reservation. 

Section 34. Civil Penalties. 

A. Any Person or Entity who violates any term or condition 

of any License issued pursuant to this Ordinance or any provision 

of a management contract issued pursuant to Sections 19 and/or 27 

or Section 34, above, may be assessed a civil penalty by the Tribal 

Gaming Commission. Such penalty may be assessed only after the 

Person or Entity has been given notice and an opportunity to be 

heard before the Tribal Court. Each violation shall be treated 

separately and may be assessed as a separate violation. 

B. The penalty assessed pursuant to subparagraph A, above, 

shall not exceed $5,000 per violation, or twice the amount of any 

grand Prize awarded in a gaming activity which is directly 

associated with the violation, whichever is greater. 

C. Civil penalties provided for in this Section may be 

imposed in addition to the criminal penalties provided for in 

Section 34 above. 

Section 35. Enforcement. 

After any Person or Entity fails or refuses to pay a final 

assessment levied pursuant to Section 34 and/or 35 above, the 

Tribes may proceed to collect the assessment by initiating a civil 

action against the Person or Entity in the Tribal Court or in any 

other court of competent jurisdiction. In such civil action, 

validity and amount of the assessment shall not be subject to 

judicial review. The Tribes shall be entitled to all remedies in 

law or in equity that are available to civil litigants generally. 

VI. Validity of Ordinance 

Section 36. Severability. 

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. 

Section 37. Repeal of Inconsistent Tribal Law 

To the extent they are inconsistent with this Ordinance, all 

prior Bingo or gaming codes or ordinances, or other provisions of 

Tribal law relevant to gaming, are hereby repealed. 
Section 38. Effective Date of Ordinance. 

This Ordinance shall take effect upon adoption of the Board of 

Trustees. 

CERTIFICATION 

The foregoing ordinance was on /99q , duly 

adopted by a vote of 5 for, and % agai4st, by the Board of 

Trustees pursuant to authority vested in it by the Constitution and 

Bylaws of the Confederated Tribes of the Umatilla Indian 

Reservation as indicated in the body hereof.