Andrew W. Baldwin 

Baldwin & Crocker, P.C. 

P.O. Box 1229 

Lander, Wyoming 82520-1229 

RE: Amendments to the Northern Arapaho Gaming Code 

Dear Mr. Baldwin: 

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

review and approval of the amendments to the Northern Arapaho's tribal gaming ordinance 

submitted on September 4,2001. The Tribe by Resolution No. 2001 -8444 on August 21,2001 

adopted the amendments to the ordinance. The Chairman of the NIGC approved the original 

Ordinance on October 27, 1995. This letter constitutes approval of your submission under the 

Indian Gaming Regulatory Act (IGRA). Such approval does not constitute approval of specific 

games. It is important to note that the gaming ordinance is approved for gaming only on 

Indian lands, as defined in the IGRA, over which the Tribe exercises jurisdiction. 

We would like to point out that Section 305(b), which is included in the original ordinance, 

would appear to approve in advance an "amendment" to your ordinance, should a compact be 

entered into between the Tribe and the state of Wyoming which contains inconsistencies with 

the current ordinance. Any such "amendment" would continue to be subject to review and 

approval by the NIGC. There are also internal citations that appear to be incorrect. Section 

607(a)(i) refers to Section 602 and should refer to Section 604; Section 607(a)(ii) refers to 

Section 603 and should refer to Section 605. You may want to consider correcting these 

inconsistencies when next amending your ordinance. 

If you have questions or require further assistance, please contact Michele Mitchell at 2021632 - 

7003. 

Sincerely yours, 

Montie R. Deer 

Chairman 

NATIONAL HEADQUARTERS 1441 L St NW, Su~te 9100, Wash~ngton, DC 20005 Tel 202 632 7003 Fax 202 632 7066 WWW NlCC COV 

REGIONAL OFFICES Portland OR. Sacramento, CA. Phoen~x. AZ, St Paul, MN Tulsa. OK 
RESOLUTION REGARDING 

AMENDMENT OF THE NORTHERN ARAPAHO GAMING CODE 

NORTHERN ARAPAHO BUSINESS COUNCIL 

WIND RIVER RESERVATION 

ETHETE, WYOMING SEP - 4 2001 

RESOLUTION NO. 2001-8444 

WHEREAS, the Northern Arapaho Business Council is the duly elected governing body of the 

Northern Arapaho Tribe; and 

WHEREAS, the development and proper regulation of tribal gaming as a form of economic 

development is of utmost importance to the Northern Arapaho Tribe and its members; and 

WHEREAS, the Northern Arapaho Business Council enacted the Gaming Code of the Northern 

Arapaho Tribe and said code was approved by the National Indian Gaming Commission in 1995; and 

WHEREAS, certain amendments to the Northern Arapaho Gaming Code, attached hereto, would 

improve the Code and its regulation of tribal gaming and would benefit the Northern Arapaho Tribe 

and the gaming public; and 

WHEREAS, approval of the attached amendments by the National Indian Gaming Commission would 

be in the best interests of the Northern Arapaho Tribe and the gaming public; 

NOW, THEREFORE, BE IT RESOLVED, that the Northern Arapaho Business Council hereby 

approves and enacts the attached amendments to the Gaming Code of the Northern Arapaho Tribe, 

efective on the date said amendments are approved by the National Indian Gaming Commission; and 

BE IT FINALLY RESOLVED, that the Chairman is authorized and directed to sign this resolution and 

that the Northern Arapaho Business Council hereby requests prompt approval of said amendments to 

the Gaming Code by the National Indian Gaming Commission. 

CERTIFICATION 

The undersigned, as Chairman of the Northern Arapaho Business Council, hereby certifies that the 

Northern Arapaho Business Council consists of six (6) members and that four (4) members were 

present constituting a quonun, at a duly called meeting of the Northern Arapaho Business Council held 

on August 2 1,2001, and that the foregoing resolution was adopted by a vote of four (4) members FOR, 

zero (0) members AGAINST, Chairman voting, and that the foregoing resolution has not been 

rescinded or amended in any way. 

DONE AT ETHETE, WYOMING, THIS 2 1" DAY OF AUGUST, 200 1 

ZL r.. (74,- 

Ben S. Ridgley, CO-~hairmh 

Northern Arapaho Business Council 

ATTEST: 

Northern Gapaho ~usiniss Council 
DRAFT AMENDMENTS TO: 

NORTHERN ARAPAHO CODE 

TITLE 3. GAMING 

Section: 

1 01 Au thori ty 

102 Findings 

103 Purpose 

104 Disclaimer regarding gaming operations or property of 

Eastern Shoshone Tribe 

201 Definitions 

301 Tribal gaming authorized 

302 Tribe to be sole gaming proprietor 

303 Separate license for each location 

304 Negotiation of compact authorized 

305 Compliance with law; inclusion of compact 

4 01 Agency es tab1 i shed 

402 Structure of agency 

403 Powers and duties of Agency 

404 Agency operations 

405 "------1 "L Yv;lly ,mrnagtr ~xecutive Director and 

staff 

4 06 Gaming Manager/Chief Executive Off leer and sraff 

807 Pof itical activities; pruhibi tlans 

408 Standards of conduct for Chairman and memE,ers of Agency 

501 Application of net revenues 

502 Budgets 

503 Audits 

504 Financia2 management 

601 Required background investigations 

602 Statement of responsibilities 

603 Notices to applicants 

604 Information from applicants 

605 Rules regarding background investigations 

606 Eligibility determinations 

607 Reporting to the commission 

701 Licenses 

702 Background investigations 

703 Licensing decision 

7 04 Work permi ts 

705 Licensing of venders, etc. 

801 Licensing decisions 

802 Patron disputes regarding particular wagers 

803 Appeal to tribal court 

804 Confidential information 

805 Hearing procedures 

901 Prohibited acts 

902 Penal ties 
CHAPTER 1: LEGISLATIVE FINDINGS AND PURPOSE 

Section 101 - Authority. The Northern Arapaho Tribe is a 

sovereign, federally-recognized Indian tribe. The Northern Arapaho 

Business Council is authorized under tribal law to promulgate 

tribal codes. This Code is enacted on the basis of the Tribe's 

inherent sovereign powers, and the Indian Gaming Regulatory Act, 

Pub. L. 100-497, 25 U.S.C. 55 2701 et sea. 

Section 102 - Findings. 

(a) Self-determination. An explicit goal of federal Indian 

policy, as enunciated among other places in the Indian Gaming 

Regulatory Act, is to promote tribal economic development, selfsufficiency, and strong tribal government. The Tribe is deeply 

committed to these values. 

(b) Economic pressures. The Tribe needs additional revenues 

to assist it in meeting its governmental responsibilities. 

(C Gaming as an economic enterprise. Gaming is an 

appropriate subject for a tribal enterprise because: 

(i) Congress has found that Indian tribes have the right 

to regulate gaming activity on Indian lands if the gaming activity 

is not specifically prohibited by federal law and is conducted 

within a state which does not, as a matter of criminal law and 

policy, prohibit such activity. 25 U.S.C. 5 2701(5). 

(ii) Congress has provided a statutory basis for the 

operation of gaming by Indian tribes as a means of promoting tribal 

economic development, self-sufficiency, and strong tribal 

government. 25 U.S.C. 5 2702(1). 

(iii) Wyoming law is not directly applicable on the 

Reservation, but federal law depends in part on certain policies 

underlying state gaming laws. Tribal gaming operations would not 

conflict with federal law. 

Section 103 - Purpose. The purpose of this Code is to provide for 

the sound regulation of all gaming activities within the Tribe's 

jurisdiction, to prevent improper or unlawful conduct in the course 

of such activities, and to promote tribal economic development, 

self-sufficiency, and strong tribal government. 

Section 104 - Disclaimer regarding gaming operations or property 

of Eastern Shoshone Tribe. By enacting this Code, the Northern 

Arapaho Tribe asserts no claim of jurisdiction whatsoever with 

respect to any gaming facility operated, or to be operated, by the 

Eastern Shoshone Tribe, or any property or interest in property of 

the Eastern Shoshone Tribe. The Northern Arapaho Tribe expects 

that, ultimately, a joint gaming code of the Northern Arapaho and 

Eastern Shoshone Tribes may be approved, and may supersede this 

Code in whole or in part. In the interim, however, the Northern 
Arapaho Tribe has determined that it must provide a regulatory 

framework with respect to its own gaming operations. A1 1 

provisions of this Code shall be interpreted to give effect to this 

section. 

CHAPTER 2: GENERAL PROVISIONS 

SECTION 201. Definitions. For purpose of this Code: 

(a) Act. "Act" means the Indian Gaming Regulatory Act, Pub. 

L. 100-497, 25 U.S.C. §§ 2701 & m. 

(b) Agency. "Agency" means the Arapaho Gaming Agency 

established by this Code. 

(c) Class I gaming. "Class I gamingu has the meaning set 

forth in the Act at 25 U.S.C. § 2703 (6) and 25 CFR § 502.2. It 

means social games 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. 

(d) Class I1 gaming. "Class I1 gamingu has the meaning set 

forth in the Act at 25 U.S.C. § 2703 (7) and 25 CFR § 502.3. In 

general, it includes gaming such as bingo, pull-tabs, lotto, punch 

boards, tip jars, instant bingo, and other games similar to bingo. 

It also includes certain card games (although not blackjack (21) or 

other "bankingu card games) to the extent such games are played in 

conformity with state law. 

(e) Class I11 gaming. "Class I11 gamingu has the meaning set 

forth in the Act at 25 U.S.C. § 2703(8) and 25 CFR § 502.4. It 

includes all forms of gaming that are not Class I or Class I1 

gaming. 

(f) Code. "Codeu means this Tribal Gaming Code, including 

any amendments. 

(g) Commission. "Commission" means the National Indian 

Gaming Commission established by the Act at 25 U.S.C. § 2704. 

(h) Compact. "CompactI1 means any gaming Compact as described 

in the Act at 25 U.S.C. § 2710(d) between the Tribe and the State 

which has been fully approved under the Act. 

(i) Council. "Council" means the Northern Arapaho Business 

Counci 1. 

f j) Gaming employee, IrGaming empf ayeelf means any person 

employed by the Council or t;he Agency to perform or provide !'gaming 

services" or to perform any of the functions of the Agency with 

respect to gaming including, without limitation, investigations and 

compliance, but not including vendors for empl~yeas of vendors) of 

the Council or the Agency. 
(k) Gam5ng ,semi ces . "Gaming sexvict;sw means any service, 

assistance, praduct, supplies, or other thing of value provided to 

the Council or the Agency directly related to the conduct of class 

IX or class 111 gaming. 

(1) Key employee. "Key employeett means: 

(i) A person who performs one or more of the following 

functions: 

(1) Bingo caller; 

(2) Counting room supervisor; 

(3) Chief of security; 

(4) Custodian of gaming supplies, cash, chips or 

tokens; 

(5) Floor manager; 

(6) Pit boss; 

(7) Dealer; 

(8) Croupier; 

(9) Approver of credit; 

(10) Custodian of gambling devices including 

persons with access to cash, chips or tokens 

and accounting records within such devices; 

(11) A11 surveillance staff ; 

(ii) If not otherwise included, any other person whose 

total cash compensation with respect to the gaming operation 

(excluding the Chairman and members of the Agency) is in excess of 

$50,000 per year; or 

(iii)If not otherwise included, the four most highly 

compensated persons in the gaming operation. 

{m) Net revenues. "Net revenueslI means gross gaming 

revenues of an Indian gaming operation less: (i) amounts paid out 

as or for prizes; and (ii) total gaming-related operating expenses, 

excluding management fees. 

jn) Primary management official . It Primary management 

official" means: 

(i) Any The chief executive officer, chief financial 

officer, chisf opexatians officer, president or vice president of 

gaming, gaming aperations, ar gaming marketing, and any ather 
person having management responsibility far with respect to a 

gaming operation; LZ 

(ii) Any person who has authority (1) to hire or fire 

gaming employees; or (2) to set up working policy for the gaming 

operation; or 

(iii)The chief financial officer or other person who has 

financial management responsibility with respect to a gaming 

operation; or 

(ivT As determined by the Agency, any other person or 

entity wLth management responsibilities with respect to a gaming 

operation. 

fmt 10) Reservation. "ReservationH means the Wind River 

Indian Reservation. 

frr) Cp) State. "Statet1 means the State of Wyoming, its 

authorized officials, agents, and representatives. 

(q) Tribe. "Tribeu means the Northern Arapaho Tribe, its 

authorized officials, agents, and representatives. 

CHAPTER 3: AUTHORIZATION OF TRIBAL GAMING 

SECTION 301. Tribal gaming authorized. The Council hereby 

authorizes one or more tribally-owned gaming establishments to 

offer all forms of gaming which are lawful, or which may become 

lawful, under the Act. 

SECTION 302. Tribe to be sole gaming proprietor. The Tribe, 

rather than individual Arapaho tribal members or others within the 

jurisdiction of the Tribe, shall have the sole proprietary interest 

in and responsibility for the conduct of any tribal class I1 or I11 

gaming activity provided, h~wever, that the Agency me~y promulgate 

regulations which permjLt occasional commity games operated by 

volunteers for limited purposes and prizes. This provision shall 

not preclude the Tribe from entering into a lawful management 

contract under 25 U.S.C. § 2711. 

SECTION 303. Separate license for each location. The Tribe shall 

issue a separate license to each place, facility, or location where 

class I1 or 111 gaming will be allowed. 

SECTION 304. Negotiation of Compact authorized. The Chairperson 

of the Council is directed to pursue negotiation of a class I11 

Compact with the State, either in conjunction with the Eastern 

Shoshone Tribe or solely on behalf of the Northern Arapaho Tribe. 

No such Compact shall be in effect until it is specifically 

approved by the Council. 

SECTION 305. Compliance with law; inclusion of Compact. 
(a) Applicable law. All tribal class W I1 and I11 

gaming operations shall be conducted in accordance with the Act, 

the Commissionls regulations, other federal law, tribal law 

(including joint-tribal and Arapaho law, this Code, and all 

regulations and orders of the Northern Arapaho Gaming Agency 

established under chapter 4 of this Code), and any approved 

Compact. This Code shall be construed in a manner which conforms 

to applicable law. 

(b) Incorporation of Compact. Upon approval of a Compact, 

the Compact shall be incorporated into this Code. In the event of 

any inconsistencies between the Compact and any provision of this 

Code, the Compact shall govern. 

CHAPTER 4: NORTHERN ARAPAHO GAMING AGENCY 

SECTION 401. Agency established. The Council hereby establishes 

a tribal agency to be known as the Northern Arapaho Gaming Agency 

(NAGA), which shall be responsible for the sucesd~:, safe, 

lawful, and honest operation of the Tribe1 s class I1 and I11 gaming 

operations on the Reservation. The Agency is generally responsible 

for regulation af the gaming activities a£ the Tribe, enforcement 

of applicable gaming laws and regulations, and management: of Agency 

staff and operations. The Northern Arapaho Business CounciX is 

generally responsible for operation of the gaming activities of the 

Tribe, enactment of tribal gaming laws, negatiakions and compacts 

with othe~ governments, oversight of gaming facility staff and 

oversight a£ gaming operations. 

SECTION 402. Structure of Agency. 

(a) Number. The Agency shall consist of three members, one 

of whom shall be designated by the Council as chairman. 

(b) Appointment. The three members of the Agency ad-me 

zE&em&e shall be appointed by the Council from t&bait members of 

the Northern Arapaho Tribe whom the Counci 1 deems qua1 if ied , giving 

due weight to the candidates1 education, experience, and integrity. 

Members of the Council may not simultaneously serve as members of 

the Agency. 

(c) Term. Initial appointments to the Agency shall be for 

the following terms: Chairman -- three years; one member -- two 

years; one member - - one year&. 

Thereafter, all appointments shall be for three-year terms, 

provided that if a vacancy occurs for any reason, the Council shall 

appoint a replacement for the remainder of the replaced person's 

term. 

(d) Removal. The Chairman or Agency members may only be 

suspended or removed by a vote of at least four members of the 

Council, for good cause. Any failure to comply with the terms of 

this Code or other applicable Law, failure to faithfuXXy perfarm 

the duties of office, or other act or omission reflecting adversely 

upm the fair and hanest conduct of Tribal gaming ar which reduces 
the effectiveness of the Tribe or the Agency in dealing with other 

officials or the public shall constitute "good causeu tor xemuval. 

-Wf (e) Registered Agent. The Chairman of the Agency shall be 

the agent for service of process pursuant to 25 CFR 5 522.2 (g) . Until a Chairman of the Agency is appointed, the Chairman of the 

Council shall be the agent for service of process. 

SECTION 403. Powers and duties of Agency. The Agency shall have 

the following powers and duties: 

(a) Regulatory oversight. The Agency shall have primary 

responsibility for regulatory oversight of the Tribe's class I1 and 

I11 gaming operations. The Agency shall supervise 

its awn gtaff and contractors and 

shall report to the Council. 

(b) Inspection. The Agency may employ inspectors (all of 

whom shall be licensed as gaming employees under this Code) who may 

be present at any gaming facility during any hours of operation, 

and who shall be under the sole supervision of the Agency and not 

under the supervision of a contract manager ox employee of the 

Council. Such inspectors shall have unfettered access to all areas 

of the gaming facilities at all times, including locked or secured 

areas. Personnel employed by the gaming operation or a contract 

manager shall provide such inspectors immediate access to all such 

areas on request at any time. Such inspectors shall report to the 

Agency regarding any failure by the gaming operation to comply with 

any applicable law, including this Code or any Compact. 

(c) Protection of public health, safety, and the environment. 

The Agency shall assure that the construction, maintenance, and 

operation of any tribal Class I1 or Class I11 gaming facility shall 

at all times be conducted in a manner which adequately protects 

public health, safety, and the environment, and complies with all 

applicable federal and tribal laws. In particular, the Agency 

shall prepare a plan for the protection of public safety and the 

physical security of patrons in each of its gaming facilities, 

setting forth the respective responsibilities of the Agency, the 

security department of the gaming operation, any tribal police 

agency, and if appropriate, any federal, state, or local police 

agency. The Agency shall review and approve floor plans and 

surveillance systems for each gaming facility and may confer with 

other governmental or private parties regarding the adequacy of 

such plans and systems. The Agency shall enforce the health and 

safety standards applicable to the gaming facilities in accordance 
with this Code. A gaming operation must obtain a certificate of 

compliance, which shall be issued by the Agency upon a 

determination that the gaming facility complies with such 

standards. 

(d) Resolution of complaints. All written complaints from 

any person regarding any aspect of gaming operations shall be 

reviewed by the Agency and retained for at least 5 years. The 

Agency, including on-site inspectors, may assist in seeking 

voluntary resolution of any complaints. The Agency may receive any 

complaint from an employee of the gaming operation or any member of 

the public who claims to be adversely affected by an act or 

omission of the gaming operation or any person associated with it 

which is alleged to be unlawful or improper and may require such 

remedial action as it deems appropriate to bring the gaming 

operation into compliance. The Agency may for this purpose, in its 

sole discretion, conduct a hearing and receive evidence with regard 

to such complaint if it deems an evidentiary proceeding useful to 

resolve such complaint. Notwithstanding the above, licensing 

disputes, patron disputes regarding particular wagers, and disputes 

regarding the imposition of penalties, shall be resolved as set 

forth in chapter 8 of this Code. 

(e) Investigations. The Agency may on its own initiative 

investigate any aspect of the gaming operation to protect the 

public interest in the integrity of such gaming activities and to 

prevent or remedy improper or unlawful conduct in the course of 

such gaming activities. The Agency shall investigate any report of 

a failure of the gaming operation to comply with applicable law, 

including the provisions of any Compact, and may require the gaming 

operation to take any corrective action the Agency may determine 

appropriate. The Agency may compel any person or entity, whether 

or not a licensee or person employed by or doing business with the 

gaming operation, to appear before it and to provide such 

information, documents, or other materials as may be in their 

possession or control to assist in any such investigation. The 

Agency may issue its own subpaan8s or seek subpoenas from the 

Shoshone and Arapaho Tribal Court in furtherance of its autharity 

under this paragraph. Any license issued by the Agency may be 

revoked and any appf ication to the Agency may be denied for failure 

to cooperate with respect to Agency investigations or subpoenas, 

(f) Background investigations; gaming licenses. The Agency 

shall conduct, or have conducted, any background investigations 

required or permitted under applicable law, and shall issue, 

suspend, and revoke all licenses pertaining to class I1 or I11 

gaming. 

(g) Co-ordination with other agencies. The Agency shall coordinate its activities and cooperate with other relevant agencies, 

including the Commission and other federal agencies, and any 

agencies of the State with which the Tribe cooperates pursuant to 

a Compact. The Agency may provide any information to such agencies 

which must or may be provided under applicable law. 
(h) Co-ordination with private entities. The Agency shall 

regulate and, to the extent appropriate, coordinate its activities with, any contract manager, and any other 

contractors, vendors, suppliers, or other private entities with any 

involvement in any aspect of gaming operations. 

(i) Regulations. The Agency may promulgate, review, and 

revise as necessary regulations, rules, and procedures to govern 

and facilitate the -11 alld regulation and 

licensing of * gaming operations, personnel, or entities in 

accordance with applicable law. Such regulations, rules, and 

procedures shall be subject to rescission or amendment by the 

Council. 

(j) Compact. The Agency shall carry out each of the 

responsibilities and duties set forth for the Agency in a Compact. 

(k) Establishment of list of barred persons. The Agency may 

bar any person from working or gaming at the Tribe's gaming 

facilities if in the view of the Agency such person's history, 

associations, reputation, habits, or behavior poses a threat to the 

integrity of tribal gaming activities, or to the safe and lawful 

operation of those activities or if that person so requests. This 

list may be shared with other public or private agencies under 

subsections 3 (9) and 8 (h) above. 

(1) Technical standards. The Agency shall promulgate, 

review, and revise, and enforce, as necessary, technical standards 

and rules of each game of chance operated by the Tribe. 

(m) Penalties. The Agency may impose penalties for 

violations of this Code or any Compact in accordance with chapter 

9 of this Code. 

(n) Legal remedies. The Agency may in its own name bring any 

civil action or criminal complaint in the courts of the Tribes, 

State or the United States to enforce the provisions of this Code, 

the Act, or any Compact, or to enjoin or otherwise prevent any 

violation of this Code, the Act, or Compact, occurring on the 

Reservation. However, the Tribe, including the Agency and any of 

its agents acting within their authority shall retain sovereign 

immunity from suit in any court or tribunal, including immunity 

from counterclaims, except as specifically provided otherwise in 

this Code. 

(0) Emergency action by Agency members. If emergency action 

is required to protect the public interest in the integrity of 

tribal gaming activities, or the safe and lawful operation of those 

activities, and there is insufficient time to convene a meeting of 

the Agency, the chairman of the Agency, or any other member of the 

Agency acting in the absence of the chairman, may issue in the name 

of the Agency any order which the Agency has the power to issue to 

any employee or contractor of the gaming operation or to any other 

person within the jurisdiction of the Tribe to take any action or 
cease and desist from any action as may be required to protect such 

interest. Any such emergency order must be reviewed by the Agency 

at its earliest opportunity, whereupon it may be confirmed or 

vacated by the Agency. An unreviewed or unconfirmed emergency 

order issued under this section will lapse within 10 days, and must 

so state. 

ip) Agency records. All minutes of meetings, resolutions and 

other records maintained by the Agency shall be available to the 

Council upon request. 

SECTION 404. Agency operations. 

(a) Quorum and voting. Two Agency members shall constitute 

a quorum. The Chairman may vote and shall preside over all 

meetings. Action by the Agency should be by consensus, but if 

consensus cannot be achieved, shall be by majority vote. Whenever 

Agency action is not unanimous, majority and minority views shall 

be in writing and shall be retained in the records of the Agency7 

aLLd 3:rall -d LU L:~~-~ouLLLL~. 

(b) Recusal. No member of the Agency shall participate in 

any decision directly involving the gaming license, employment, or 

the direct monetary interest of his or her spouse, child, parent, 

or sibling, by blood or adoption. A member of the Agency may 

voluntarily recuse himself and decline to participate in any Agency 

action or decision when the member, in his own discretion, believes 

he could not act fairly or without bias, or that there would be an 

appearance that he could not so act. 

(c) Vice-chairman; alternative and temporary members. The 

Agency shall select one of its members to serve as vice-chairman. 

If the chairman is unavailable because of recusal or any other 

reason, the vice-chairman shall serve as acting chairman. If the 

vice-chairman is also unavailable, the third member of the Agency 

may serve as acting chairman. -I-- - ~y Ba a . , L~ aehrew- a qmrtmr The Council may appoint 

alternative or temporary members, who shall. be members a£ the 

Northern Arapaha Tribe, -LLLl-iL~l I~tcntbrL3, as 

on such terms as the Council deems 

appropriate. 

(dl Meetings. 

(i) Regular meetings of the Agency shall be held at 

least once every fourteen calendar days mq-be-hat such specific times and places as the 

Agency determines. Unless otherwise specified by the Agency, no 

notice of such regular meetings shall be necessary. Special 

meetings may be called by the chairman or two 

members of the Agency. Neither the business to be transacted at, 

nor the purpose of any regular or special meeting, need be 

specified in any notice of the meeting. 
(ii) Any action required or permitted to be taken at a 

meeting of the Agency may be taken without a meeting if each member 

signs a written consent to the action. Such consents shall be 

filed with the minutes of the Agency. 

(iii) Members of the Agency may participate in a meeting 

by conference telephone or similar communications equipment by 

which all persons participating in the meeting can hear each other. 
SEmfON 405. Executive Director and staff, 

fa) The Agency may select an Executive Direct~r and such 

other staff as are reasonably necessary to the Agency in 

fulfillment of its obligations on such terms and conditions as the 

Agency may determine. The Divectar shall be a salaried employee 

whose salary shall not be dependent on a percentage of gaming 

revenues, Unless another individual is selected, the Chaimn of 

the Agency also &ha1 1 serve as Executive Director. The ~irector 

shall have the fbllowing powers and duties: 

(i) The Director shall have day-to-day responsibif ity for 

coordinating the functions of the Agency, 

fii) The Director shall have initkal responsibifity for 

conducting or arranging for background investigations. 

(iii) The Director shall make recammendations to the Agency 

regarding the grant or denial of any license, the imposition of any 

penalty, the investigation of any complaint, or any other action 

within the jurisdiction of the Agency. 

(iv) The Director may be delegated the authority by the 

Agency to conduct my hearing, investigation, or inquiry. In the 

course of such activikies, the birector shall have authority to 

cornpeX the production of my information ar documents, and 

otherwise exercike the investigatory powers of the Agency. 

(v) The Director shall perform such Casks as assigned by the 

Agency and shall report to the Agency. 

(vi) If emergency action is required to protect the public 

interest in the integrity of tribal gaming activities, or the safe 

and lawful operation of those activities, and there is insufficient 

time to convene a. meeting of the Agency, or to locate the chairman 

of the Agency, or any other member of the Agency, the Director may 

issue in the name of the Agency any order which the! Agency has the 

power to issue to any employee or contractor of the gaming 

operation or to any other person within the jurisdiction of the 

Tribe to take any action or cease and desist from any action as may 

be required to protect such interest, Any such emergency arder 

must be reviewed by the Agency at its earliest opportunity, 

whereupon it may be confirmed or vacated by the Agency. An 

unreviewed or unconfirmed emergency. order issued under this sect ion 
will lapse within 10 days, and must so st 

SEC!!€ION 406. ~dng ~anager/Wef Executive Officer and staff. 

(a) The COUTI-~i1 shall select a Gaming ~anager/Chief ~xecufrive 

Officer (CEO) and such other staff as are reasonably necessary £or 

the conduct of the gaming operations of the Tribe, on such terms 

and conditions as the Council may determine. The Manager shall be 

a salaried employee. The Manager shall have the EoXlowf ng powers 

and duties: 

(i) The Manager shall have day-to-day respansibility for the 

gaming operal ions of the Tribe and shall coordinate wi th the Agency 

or its Director regarding compliance of such, gaming operations with 

this Code and other applicable law. 

(iif The Manager shalf have authority ta remove or arrange for 

the removal from the gaming operation premises of disruptive or 

disorderly persons, 

(f ii) The Manager or his/hex designee shall have 

responsibility EQ~ attempting to resolve patron disputes, as 

described in section 802. 

(iv) The Manager shalf have such other duties as axe assigned 

by the Council. 

fb) NQ gaming emp'fayee, including the Manager and independent 

contractars, shall errgage in any gaming at any gaming facility or 

operation of the Northern Arapaho Tribe at any tine {whether on or 

off .-duty). Violation of this section shall result in immediate 

termination from his or her employment: ox termination of contract 

but shall not constitute grounds for termination or suspension of 

gaming licenses or permits. 

SECTION 407, Poldtical activity; prohibitions 

(a) No Chairman or member of the Agency shall: 

(i) take an active part in political campaigns for election to 

public office of the Tribe; 

(ii) use his official authority or influence far the purpose 
o£ interfering with or affecting the result of an electian to 

public office of the Tribe; 

f if i) knowingly solicit, accept, or receive a political 

contribution from any person; 

(iv) run for the nomination or as a candidate for election to 

public office of the Tribe; or 

(Y) knowingly solicit or discourage the participation in any 

tribal political activity of any person who--. 

CAI has an application for any compensation, grant, 

contract, ruling, 1 icense, permit, or ~ertif icate pending before 

the Agency; or 

(3) is the subject of or a participarrt in an ongoing 

audit, investigation, or enforcement action being carried out by 

the Agency. 

fvL) Subjeck to subsection (bf, m individual retains the 

right to vote as he or she chooses and to express his or her 

opinion on political subjects and candidates. 

(b) No gaming employee, including the Manager and independent 

contractors, and no employee or member of the Agency, including the 

Chairman, shall engage in political ackivity while that parson is 

on duty; in any room or building occupied in the discharge of the 

person's official duties; while wearing a uniform or official 

insignia identifying the office or position of the Agency emplayee, 

manager, member, or Chairman; or using any vehicle ~wned or leased 

by the Agency, or use any equipment or property of the Tribe or the 

Agency . . for the purpose: of engaging in or promoting golftical 

activity. 

fc) Any individual who vialates this section shall be removed 

from his ox her position or otherwise disciplined in the sole 

discretion of the Cauncil or its designee, except with respect to 

employees or contractors of the Agency, who shall be removed or 

otherwise disciplined in the sole discretion of the Agency or its 

designee, pursuant to personneL rules established by the Council or 

the Agency. 

SECTEON 408, Standards of con4uct for Chairman and mdezs of 

Agency 

(a) Policy. The Chairman and members of the Agency shall 

maintain high standards of honesty, integrity and impartiality and 

shall avoid any actions which could reflect adversely on the 

Northern Arapaho Tribe or jeopardize their fitness far office or 

effectiveness in dealing with ather tribal officials, other 

governments or entities, or with the public. 

(b) No Xntexast in Contracks. No Chairman or member of the 
Agency shall be financially interested in any contract, grant, 

work, business, o other particular matter administered or 

controlled by the Agency or the Tribe, unless such activity is 

conducted by competitive bid process with such official first 

disclosting hisjher interest and thereafter having no participation 

in the decisian on that contract, grant, work, business, or matter 

or the performance thereof. 

(c) NQ Interest in Property. No Chairman or member of the 

Agency shall be financially interested in the purchase of any real 

or personal property of ur by the Agency or the Tribe, except on 

such terms and conditions as such property is generally available 

for sale to, Or for purchase from, the general public or the 

members of the Northern Arapaho Tribe. 

(dl Gifts. No Chairman or member of the Agency shall solicit 

or accept, directly or indirectly, any gift, gratuity, favor or 

loan from a person who has financial interests that may be 

substantially affected by the performance or nm-performance of 

that official's duties. 

f el Use of Tribal Pxogerty and Moneys. Na Chairman or member 

of the Agency shall use or receive any pay ax thing of value from 

the Northern Arapaho Tribe, ather than his/ her salary for any work 

coming within the scope of his/her duries or reimbursement for 

reasonable expenses, nor receive or convert to hisfher own use, 

even temporarily on loan, any property or money belonging to the 

Northern Arapaho Tribe for other than official purposes, nor use 

tribal purchase authority, even though reimbursement is made, for 

personal acquisitions. 

ff) Gaming. No Chairman or member of the Agency shall engage 

in any gaming at any gaming facility or operation of the Northern 

Arapaho Tribe at any time (whether on or off-duty). 

fg) Sancsti~ne * Any individual who violates this section shall 

be removed from his or her position or otherwise disciplined in the 

sole discretion of the Council. 

CHAPTER 5: FINANCIAL MATTERS 

SECTION 501. Application of net revenues. Net revenues from any 

tribal gaming activity are not to be used for any purpose other 

than : 

(a) to fund tribal or joint-tribal government operations or 

programs ; 

(b) to provide for the general welfare of the Tribe and its 

members (including per capitas conforming to the Act at 25 U.S.C. 

§ 2710 (b) (3)) ; 

(c) to promote the Tribe's economic development; 
(d) to donate to charitable organizations; 

(el to help fund operations of local government agencies, or 

(f) other purposes permitted under the Act. 

SECTION 502. Budgets. The Agency shall propose to the Council an 

annual operating and capital budget by August first of each year, 

and may in accordance with the budget employ staff necessary to 

fulfill its responsibilities, and with the approval of the Council 

may retain legal counsel, consultants, and other professional 

services, including investigative services, to assist it. Such 

expenses of the Agency shall be assessed against the gaming 

operation. The Council shall approve, or ~odify and approve, the 

Agency's budget by September fifteenth of each year. The Council 

shall provide such funding far the Agency as is reasonably 

necessary for the fulfillment of the Agency's obligations under 

this Code. 

SECTION 503. Audits. All gaming authorized under this Code shall 

be audited by an independent certified public accountant, at least 

annually, as required under 25 CFR 5 522.4 (b) (3) , and copies of the 

annual audit shall be provided to the Council and the Commission. 

All gaming-related contracts that result in purchase of supplies, 

services, or concessions for $25,000 in any year (except contracts 

for professional legal or accounting services) shall be 

specifically included within the scope of such audit. The Agency;- 

or Council, ~i. may call for special audits at any time. 

SECTION 504, Financial management. Unless otherwise 

specifically approved in writing by the Council, afl financial 

matters of the Agency, including, without limitation, all purchase 

orders, paymentg, financial records, and payroll, shall be 

processed through and by the Finance Department of the Tribe in 

accordance with general financial procedures appraved by the 

Council. 

CHAPTER 6: BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT 

OFFICIALS AND KEY EMPLOYEES. 

SECTION 601. Required background investigations. All primary 

management officials and key employees of any class I1 or I11 

gaming operation, including the Chairman and members of the Agency 

and the gaming manager, shall be subject to background 

investigations required by the Act, Commission regulations, this 

Code, and any approved Compact. Background investigations shall be 

conducted at the outset of employment, and shall be ongoing. The 

'Fri-h Council may- accord responsibility to 

another entity with respect to background investigations. 

Otherwise, the Agency shall be directly responsible for such 

investigations. 

SECTION 602. Statement of Responsibilities. The Tribe is 
responsible for the conduct of background investigations and 

suitability determinations. The Agency shall have primary 

responsibility of conducting and causing to be conducted the 

background investigations, except that the Council shall have such 

responsibility with respect to the Chairman and members of the 

Agency. Once -my-manayer an Executive Director of the Agency 

(or the Chairman, in his stead) has been fully investigated and 

approved, the Agency may delegate to the Director ox 

the Chairman the duty of conducting or causing to be conducted 

investigative work regarding other key employees and primary 

management officials, if any, subject to the review and approval of 

the Agency. Selection of the above approach is based on the 

necessity of assuring adequate oversight and investigation of all 

key employees and primary management officials. 

SECTION 603. Notices to applicants. Any application forms for a 

key employee or primary management official shall include a privacy 

notice pursuant to 25 CFR S556.2 (1994), a notice regarding 

penalties for false statements pursuant to 25 CFR 5556.3 (1994), 

and any other notices required by applicable law. 

SECTION 604. Information from applicants. The Agency shall obtain 

from any candidate for primary management official or key employee 

at least the following information: 

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

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

gender, all languages (spoken or written); 

(b) Currently and for the previous 5 years: all business and 

employment positions held, ownership interests in those businesses, 

business -addresses, and drivers license numbers; 

(c) The names and current addresses of at least three 

personal references, including one personal reference who was 

acquainted with the applicant during each period of residence 

listed under subsection 4 (b) above; 

(dl Currently and Pox all previous years until the year the 

applicsnt reached the age a£ eighteen (18): all residence 

addresses; 

+dj fa-) Current business and residence telephone numbers; 

fet (f) A description of any existing and previous business 

relationship with Indian tribes, including ownership interests in 

those businesses; 

4-Ek fg) A description of any existing and previous 

business(relationships within the gaming industry, including 

ownership interests in those businesses; 

fgf fh) 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; 

+h+ (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 if any; 

-ti+ (j) For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) for all previous 

years until the year the applicant reached the age of eighteen 

(18), w~+~~+H+~*E~I~the name and 

address of the court involved and the date and disposition; 

fjt (k) For each criminal charge (excluding minor traffic 

charges) , whether or not there is a conviction, for all previous 

yeare until the yeax the applicant reached the age of eighteen 

(181, if a-miru: i~karqc i3 WLLIILLI IG ~f L~I- , , . ,. - - -3 1 1 

UII allu 13 11 UL 11 8 

b~ 3 am the criminal charge, the name and address of the court 

involved and the date and disposition; 

+l+ (1) The name and address of any licensing or regulatory 

agency with which the person has filed an application for an 

occupational license or permit, whether or not such license or 

permit was granted; 

4-33- fm) A photograph; 

fmt (n) Any other information the Agency or Council deems 

relevant; and 

frrt fa) Fingerprints certified as adequate by a professional 

law enforcement agency. The Agency shall initially arrange for the 

obtaining and processing of fingerprints through the Bureau of 

Indian Affairs' Police Department facilities at Ft. Washakie, 

Wyoming. 

SECTION 605. Rules regarding background investigations. 

(a) Confidentiality of third party sources. The Tribe, the 

Agency, and all affiliated agents and employees shall keep 

confidential the identity of each person interviewed in the course 

of a background investigation. 

(b) Retention of records. The ?%-be Agency shall maintain 

and retain applications for employment and reports (if any) of 

background investigations for at least 3 years from the 

date made or date of termination of employment, whichever is later. 

Such records shall be made available -st-& to the Council 

or Commission on request. 

(c) Content of investigation report. Background investigations must be of sufficient quality to enable the Agency to make a 

determination under section 604. All relevant information 
submitted by the applicant should be verified by written or oral 

communication and noted in the report. The investigation must 

include a thorough inquiry into the applicant's prior activities, 

criminal record, if any, and reputation, habits and associations. 

It must also include interviews with a sufficient number of 

knowledgeable people such as former employers, personal references, 

and others referred to in order to provide a basis for the Tribe to 

make a finding concerning the eligibility for employment in a 

gaming operation. The disposition of all potential problem areas 

noted and disqualifying information obtained must be thoroughly 

documented. An investigative report shall include: 

(i) a statement of all steps taken in conducting the 

background investigation; 

(ii) a statement of the results obtained; 

(iii) a statement of the conclusions reached by the 

investigator; and 

(iv) the bases for those conclusions. 

SECTION 606. Eligibility determinations. 

(a) The Agency shall carefully review a person's prior 

activities, criminal record, if any, and reputation, habits, and 

associations to make a finding concerning the eligibility of a key 

employee or a primary management official for involvement in a 

tribal gaming operation. If the Agency in the course of this 

review determines that such involvement may pose a threat to the 

public interest or to the effective regulation of gaming, or might 

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

practices and methods and activities in the conduct of gaming, no 

management contractor or tribal gaming operation shall employ that 

person in a key employee or primary management official position. 

(b) The Tribe's gaming operation shall not employ in a 

key employee or primary management official position a person who 

has supplied materially false or misleading information or who has 

omitted material information required by law. 

SECTION 607. Reporting to the Commission. 

(a) Notification regarding background investigations and 

eligibility determinations. The Agency shall forward to the 

Commission the following with respect to all persons investigated 

as candidates for primary management official or key employee: 

Lood 

(i) all application information described in section 602 

above ; w & I 

(ii) the investigative report described in section 603; 

(iii) the Agency's eligibility determination described 
b 

in section 604; and 

(iv) a notification of the Agency's hiring decision. 

(b) Procedure following decision to hire key employee or 

primary management official. 

(i) When a key employee or a primary management official 

begins work at a gaming operation, the Agency shall: 

(1) Forward to the Commission a completed 

application for employment that contains the notices and 

information listed in 25 CFR 55 556.2 (privacy notice), 556.3 

(notice regarding false statements), and 556.4 (background 

investigations); and 

(2) Conduct abackground investigationunder25 CFR 

part 556, and sections 601 through 606 of this Code to determine 

the eligibility of the key employee or primary management official 

for continued employment in a gaming operation. 

(ii) Upon completion of a background investigation and a 

determination of eligibility for employment in a gaming operation 

under this Code, the Agency shall forward a report under 25 CFR § 

556.5 (b) and -this Code to the Commission within 60 

days after an employee begins work or within 60 days of the 

approval of this Code by the Chairman of the Commission. A gaming 

operation regulated under this Code shall not employ a key employee 

or primary management official who does not have a permanent 

license after 90 days. 

(iii)During a 30-day period beginning when the Commission 

receives a report submitted under - GC7.2 (21) GZ this Code, 

the Chairman of the Commission may request additional information 

from the Tribe concerning a key employee or a primary management 

official who is the subject of such report. Such a request shall 

suspend the 30-day period until the Chairman receives the 

additional information. 

(iv) If, within the 30-day period described in the above 

subsection, the Commission notifies the Tribe that it has no 

objection to the issuance of a license pursuant to a license 

application filed by a key employee or a primary management 

official for whom the Tribe has provided the required application 

and investigative report to the Commission, the Agency may go 

forward and issue a license to such applicant. 

(v) If, within the 30-day period described in subsection 

6C7.2 {L) 607 (b) [iii) above, the 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 the required application and investigative report to 

the Commission, the Tribe shall reconsider the application, taking 

into account the objections itemized by the Commission. The Tribe 
shall make the final decision whether to issue a license to such 

applicant. 

(vi) If, after the issuance of a gaming license, the 

Commission notifies the Tribe that it has received reliable 

information indicating that a key employee or primary management 

official is ineligible for employment under applicable law, the 

Tribe shall suspend the license of such person and notify in 

writing the licensee of the suspension and the proposed revocation. 

The Tribe shall notify the licensee of the time and place for a 

hearing on the proposed revocation of a license. After a 

revocation hearing, the Tribe shall decide to revoke or to 

reinstate a gaming license. The Tribe shall notify the Commission 

of its decision. 

CHAPTER 7: LICENSES 

SECTION 701. Licenses. All gaming employees shall be required to 

obtain a tribal license -Lly emp3qee from the Agency, and 

for that purpose the Agency shall conduct or cause to be conducted 

background investigations of all such mpbyecs persons or entities 

and shall deny or revoke such licenses for any mq5byee whose prior 

activities, criminal record, if any, or reputation, habits, and 

associations pose a threat to the public interest or to the 

effective regulation of gaming, or create or enhance the dangers of 

unsuitable, unfair, or illegal practices and methods and activities 

in the conduct of gaming. Na license sbf 1 be Sssued to any person 

convicted of a feluny or gaming offense, No license shall issue for 

a term exceeding twelve (12) months, but licenses may be renewed 

annually in accordance with rules or procedures established by the 

Agency. Temporary licenses may be issued in accordance with rules 

or procedures established by the Agency, but shall expire no later 

than 90 days after issuance and may not be renewed. 

SECTION 702. Background investigations. Before issuing a license 

to a gaming employee, the Agency shall forward the results of any 

background investigation to the Commission. 

SECTION 703. Licensing decision. If the Agency determines, on the 

basis of a background investigation and such other information as 

it may obtain, that the applicant is qualified for a gaming 

empbyee license, the Agency m~-, Lctt s U LC LL- LCI 

shall issue such license. The Agency, al- Z1~sx~eti~~~, may 

impose any reasonable qualifications to such license it deems 

appropriate. 3-L-tL ;>uL:liL-errsL LC 

SECTION 704. Work permits. All persons who are not gaming 

employees but work at any facility where authorized gaming occurs 

or is supervised or administered, must obtain a non-gaming work 

permit. Such work permits shall be issued upon determining that 

the employee is not a threat to the effective regulation of gaming 

and creates no risk or enhances no danger of unfair or illegal 

practices, methods or activities in the conduct of gaming on the 
Reservation. All applicants for work permits shall provide the 

information required in any Compact. No work permit; shall be issued 

to any person convicted of a felony or gaming offense, No permit 

shall issue far a term exceeding twelve (12) manths, but permits 

may be renewed annually in accordance with rules or procedures 

established by the Agency. Temporary permits may be issued in 

accordance with rules or procedures established by the Agency, but 

shall expire no later than 90 days after issuance and may not be 

renewed. 

SECTION 705. Licensing of vendors, etc. Any person or entity 

proposing to sell, lease, or otherwise provide electronic games of 

chance, other gaming devices, or gaming services to the Tribe 

(including, without limitation, gaming device sales personnel and 

technicians) are required to obtain a license from the Tribe. The 

standards with respect to such licenses are the same as those 

applicable to gaming employees, except that if applicant is a 

corporation, trust, or partnership, applications must be made by 

any person or entity holding 10% or more of any beneficial or legal 

interest in such entity and, if publicly held, a11 officers and 

directors. 

CHAPTER 8: HEARINGS AND APPEALS 

SECTION 801. Licensing decisions. Any person whose application 

for a gaming-related license is denied, or whose license has been 

suspended or revoked, may request a hearing before the Agency by 

written request submitted within 15 days following receipt of 

notice of the action of the Agency. The Agency shall hold a 

hearing within 30 days of the filing of the request. 

SECTION 802. Patron disputes regarding particular wagers. Any 

complaint by a patron regarding a particular wager musk should be 

brought to the attention of the gaming manager or hisfher designee 

by-t- immediatel------"t--". If 

the gaming manager ar hisfher designee- cannot promptly resolve the 

dispute, heJshe shall immediately contact the 

Agency or Agency staff, who will take witness statements and 

reasonable steps to secure physical evidence, if any. The patron 

may request a hearing before the Agency by written request 

submitted within 72 hours from the events complained of, stating 

the relevant facts and circumstances in detail. The Agency shall 

respond and, if necessary, hold a hearing within 30 days of the 

filing of the request. 

SECTION 803. Appeal to tribal court. Any rulings of the Agency 

under sections 801 or 802 above, or assessment by the Agency of a 

penalty under chapter 9, may be appealed within 15 days of the 

Agency's decision to Tribal Court, in an action naming the Agency 

as sole defendant. In any such action, the Tribal Court shall give 

appropriate deference to the expertise of the Agency. The 

sovereign immunity of the Agency is waived, only with respect to 

such action, but only if filing deadlines are strictly followed, 

and only to the extent of either an order affirming the Agency's 
decision, or: 

(a) in a licensing dispute, to an order awarding or 

reinstating a license; 

(b) in a patron dispute regarding a particular wager, to an 

order that a patron is entitled to a jackpot or payoff, 

or to return of the wagered amount; or 

(c) regarding assessment of penalties by the Agency, to an 

order reversing, abating, reducing, or enhancing that a 

penalty ~d-k~-W-~. 

The Tribal Court may impose conditions on the above awards of 

relief. In no event may the Tribal Court assess pre-judgment 

interest, costs, back pay, attorneys fees, or other damages or 

relief against the Agency. The public interest in the integrity of 

gaming is such that the burden Q£ proof with respect to gaming 

issues, especially regarding fitness for licensing, shall be by 

clear and convincing evidence and shall be upon the individual or 

entity challenging the Agency. All determinations of the Tribal 

Court under this section are final, and subject to no further 

appeal. 

SECTION 804. Confidential information. Where Agency action is 

based upon confidential information, which may not as a matter of 

law or policy be disclosed to the aggrieved person, such 

circumstances shall not be grounds for reversal of the Agency's 

decision, and the aggrieved person shall have no right to such 

confidential information in proceedings before either the Agency, 

Tribal Court, or any other forum. r UL 

t~ y&e~~, ~~Lu::ye~i :~CCII&X~, all& 7 

aA. 

SECTION 805. Hearing procedures. The Agency, Council, or Tribal 

Court may adopt such additional procedures and rules for the 

conduct of hearings as either deems necessary or convenient so long 

as they are consistent with this Code and other provisions of 

applicable law. 

CHAPTER 9: PROHIBITED ACTS AND PENALTIES 

SECTION 901. Prohibited acts. It shall be a violation of this 

Code for any person within the Tribe's jurisdiction to: 

(a) Conduct or participate in any Class I1 or I11 gaming 

operation on the Reservation other than at gaming facilities 

licensed by the Northern Arapaho and/or Eastern Shoshone Tribe, 

unless othi~wise permitted pu;suant to section 302. 

(b) Receive, distribute, apply, or divert any property, funds 

proceeds, or other assets of the gaming operation to the benefit of 

any person except as authorized by this Code, an approved Compact, 
or the Act. 

(c) Tamper with any equipment used in the conduct of tribal 

gaming operations, or do any other act in connection with tribal 

gaming operations, with the intent to cause any person to win or 

lose any wager other than in accordance with the publicly announced 

rules of such gaming operation. 

(dl Alter or misrepresent the outcome or other event on which 

wagers have been made after the outcome is made sure but before it 

is revealed to the players. 

(el Place, increase, or decrease a bet or to determine the 

course of play after acquiring knowledge not available to all 

players of the outcome of the game or any event that affects the 

outcome of the game or which is the subject of the bet, or to aid 

anyone in acquiring such knowledge. 

(f) Claim, collect, or take, or attempt to claim, collect or 

take, money or anything of value in or from a gaming device, 

machine, or dispenser with intent to defraud, without having made 

a wager, or to claim, collect, or take an amount greater than the 

amount won. 

(9) Place, increase, or reduce a bet after acquiring 

knowledge of the outcome of the game or other event which is the 

subject of the bet, including past-posting, pressing, and pinching 

bets. 

(h) Manipulate, with the intent to cheat, any component of an 

electronic gaming device, machine, or dispenser in a manner 

contrary to the designed and normal operational purpose for the 

component. 

(i) Use other than coins or tokens approved by the Agency or 

other lawful legal tender, or use a coin not of the same 

denomination as the coin is intended to be used in the gaming 

device. 

(j) Possess or use any device or means to cheat while at the 

gaming facility. 

(k) Behave in a threatening, disorderly, or disruptive manner 

or disturb the peace at any tribal gaming facility. 

(1) Engage in class I1 or I11 gaming if under the age of 21, 

or assist, permit, or facilitate gaming by such person. 

SECTION 902. Penalties. Any person within the jurisdiction of the 

Tribe, who violates any provision of this Code, including the 

provisions of any Compact, shall be subject to civil penalties 

including exclusion from employment or other involvement with any 

tribal gaming operation, denial or revocation of a tribal gaming 

license, exclusion from attendance at any tribal gaming facility, 
exclusion from the Reservation if a non-member of the Tribe, or, 

with respect to any person subject to the criminal jurisdiction of 

the Tribe, a fine of not more than $5,000 for each such violation. 

The Agency established pursuant to this Code shall have the 

jurisdiction to impose any such penalties on any person within the 

jurisdiction of the Tribe tv impam-, except with 

respect to exclusion from the Reservation, which the Agency may 

recommend for action by the Joint Business Council. 

History: 1995. Title 3. The Northern Arapaho Gaming Code was enacted by the 

Northern Arapaho Tribe by resolution of the Northern Arapaho Business Council 

dated October 26, 1995, Resolution No. 1995-7386. The Code was subsequently 

approved by the National Indian Gaming Commission. The Code was re-codified as 

Title 3. of the Northern Arapaho Code (N .A. C. ) without substantive change on June 

6, 2000, by NABC Resolution No. 2000-8291. 

AMeND LAST TO REPLBCT PTNU CMGES : Sections were amended and sections 

were added by xesolution of the NABC on , 2001, Resolut%on No. 

, and were approved by the HXC% on