Erik Rapoport 

Ladar & Ladar 

Tribal Attorney for the C&o Tribe, Laytonville Rancheria 

507 Polk Street, Suite 3 10 

San Francisco, CA 94102-3339 

Dear Mr. Rapoport: 

This letter is in response to your request for the National Indian Gaming Commission 

(NIGC) to review and approve the Cahto Tribe, Laytonville Rancheria's (Tribe) Gaming 

Ordinance No. 2000-1. This letter constitutes such approval under the Indian Gaming 

Regulatory Act (IGRA). 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 has 

jurisdiction. 

With approval of this gaming ordinance, the Tribal Gaming Commission is now required 

to conduct background investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application for each key employee 

and primary management official, pursuant to 25 C.F.R. 8 556.5(a), and an investigative 

report on each background investigation, pursuant to 25 C.F.R. § 556.5@), before the 

Tribal Gaming Commission issues a license to a key employee or primary management 

official. 

Thank you for submitting the ordinance for review and approval. The NIGC staff and I 

look forward to working with you and the Cahto Tribe, Laytonville Rancheria on We 

gaming issues. 

Sincere1 yours, 

&&& 

Montie R. Deer 

Chairman 

cc: Genevieve Campbell, Tribal Chairperson 

1441 L m, N.W. BTH FLOOR WASHINGTON, D.C. #)05 TEL: 202-632-1003 FAX: 202-632-7086 
JAN 1 9 2000 

GAMING ORDINANCE 

OF THE 

CAHTO TRIBE 

LAYTONVILLE RANCHERIA 
TABLE OF CONTENTS 

Section 1. 

Section 2. 

Section 2. 

Section 4. 

Section 5. 

Section 6. 

Section 7. 

Section 8. 

Section 9. 

Section 10. 

Section 1 1. 

Section 12. 

Section 13. 

Section 14. 

Section 15. 

Section 16. 

Section 17. 

Section 18. 

Section 19. 

Section 20. 

Findings and Policv 

Ownership of Gaminq 

Definitions 

Tribal Gaming Commission 

Enforcement of Tribal-State Compact Provisions 

Authorization of Gaming Activities 

Gamine Revenues 

Ooeration of Gaming Establishments 

Audits and Minimum Internal Control Standards 

Contracts 

Licenses 

Application Forms 

Class I11 Gaming: Tribal-State Compacts 

Interest in Management Contracts bv Tribal Officials 

Service of Process 

Tribal Gaming Cornoration 

Reveal of Prior Ordinance; Effective Date 

Severability 

Amendments 

Sovereien - Immunitv Preserved 

Page 

1 

2 

2 

5 

12 

13 

14 

15 

17 

17 

18 

26 

28 

28 

28 

28 

29 

29 

29 

29 
ORDINANCE NO. 2000-1 

GAMING ORDINANCE OF THE 

CAHTO TRIBE, LAYTONVILLE RANCHERIA 

The Cahto Tribe of California, a federally recognized Indian Tribe ("Tribe") acting 

through its General Council in the exercise of its inherent sovereign power to enact 

ordinances and otherwise safeguard and provide for the health, safety, and welfare of the 

of the Laytonville Rancheria ("Rancheria") and the members of the Tribe, hereby enacts 

this Ordinance which shall hereinafter be cited as the Cahto Tribe Gaming Ordinance of 

2000 ("Ordinance"). This Ordinance and any regulations promulgated thereunder shall 

constitute the entire gaming regulations for the Tribe. 

SECTION 1. FINDINGS AND POLICY 

This Ordinance is adopted by the General Council, pursuant to its authority under 

the Articles of Association of the Laytonville Rancheria, for the purpose of establishing 

the terms for gaming on the Rancheria for tribal governmental and charitable purposes, 

and to develop, operate, and regulate such gaming consistent with the findings herein and 

in conformity with the Indian Gaming Regulatory Act, 25 U.S.C. 9 2701 et seq. ("IGRA") 

and regulations promulgated thereunder. 

The Tribe finds that: 

A. Gaming on its Rancheria is a valuable means of generating revenues that 

are needed for economic development, to promote tribal self-sufficiency, 

employment, job training, a strong tribal government and to find and 

ensure essential social programs and services; 

B. The Tribe desires to conduct certain forms of gaming to provide needed 

revenues for the Tribe, and to regulate and control such gaming in a 

manner that will protect the environment, the Rancheria, the health, 

security, and general welfare of the Tribe; and 

C. The Tribe desires to own all gaming on tribal lands, and to manage and 

regulate such gaming in a manner that will adequately address the special 

interests and needs of the Tribe. 
SECTION 2. OWNERSHIP OF GAMING 

The Tribe shall have the sole proprietary interest in, and responsibility for, the 

conduct of any gaming operation facilities and/or enterprise(s) authorized by this 

Ordinance, except to the extent that the Tribe may contract with and license a person or 

entity to operate or manage the enterprise pursuant to the provisions of IGRA and the 

regulations promulgated thereunder, or as otherwise pe~mitted by law. It shall be unlahl 

for any person, organizations, or other legal entity, other than the Tribe itself, to conduct 

Gaming Activities on the Rancheria. 

SECTION 3. DEFINITIONS 

Unless specified otherwise, the terms used herein shall have the same meaning as in 

IGRA including, but not limited to, references to "Net Revenues," "Class 1, Class 11, or 

Class 111" gaming, except for references to "Commissioners," "Commission," or "Gaming 

Commission," which shall mean the Cahto Tribe Gaming Commission or its 

Commissioners, established and described herein. 

A. "Confidential Records and Information" shall mean: 

1. Records or information maintained by the Commission, the Gaming 

Facility, or the Tribe, about individuals (including, but not limited to, 

personnel records and records containing information about applications 

for Commission licenses, permits, or benefits); 

2. Records or information reported to the Commission, the Gaming Facility, 

or the Tribe, pertaining to business transactions and finances of a Gaming 

Facility or an applicant for a license or a licensee including, but not limited 

to, real or personal property transactions, financial records (e.g. income 

statements, balance sheets, profit and loss statements); Confidential 

Records and Information does not include financial information subject to 

disclosure to the general public by the National Indian Gaming 

Commission; 

3. Records or information about complaints to the Commission, or 

investigations of those complaints by Commission officials, or other 

investigations conducted by the Commission; 

4. Correspondence of and to the Commission, the Commission Chairman, the 

Gaming Facility, the Gaming Facility Operations Manager, the Gaming 

Facility General Manager, or any members of the Tribe's Executive 

Committee; and 
5. Records which reveal the deliberative process, impressions, evaluations, 

opinions, recommendations, meeting minutes, research, work product, 

theories or strategy of the Commission. 

B. "Executive Committee" shall mean the Executive Committee of 

the Tribe as set forth in the Articles of Association of the Laytonville Rancheria. 

C. "Gaming" shall mean an activity in which a person stakes or risks 

something of value on the outcome of a contest of chance or a future contingent event, 

not under hislher control or influence, upon an agreement or understanding that the 

person, or someone else, will receive something of value in the event of a certain outcome. 

The definition of "Gaming" shall not include bona fide business transactions. 

D. "Gaming Activities" shall mean any Class I, Class 11, or Class I11 Gaming 

Activity conducted by, or under the jurisdiction of, the Tribe. 

E. "Gaming Commission" or "Tribal Gaming Agency" shall mean 

the Gaming Commission as established herein under tribal law to hlfill such hnctions set 

by the National Indian Gaming Commission, to be primarily responsible for carrying out 

the Tribe's regulatory responsibilities under IGRA and this Gaming Ordinance including 

the duties and responsibilities set forth in any Gaming Compact adopted by the Tribe. 

F. "Gaming Contractor" shall mean any person or entity that 

supplies gaming devices, equipment, personnel, or services (including gaming management 

or consulting services) to any Gaming Facility or Enterprise. 

G. "Gaming Employee" shall mean any person who operates, 

maintains, repairs, assists in, or is in any way responsible for supervising Gaming 

Activities; or Persons who conduct, operate, account for, or supervise any Gaming 

Activity; or Persons in a category under federal or tribal gaming law, or an applicable 

Tribal-State gaming compact, requiring licensing, or is a person whose employment duties 

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

public. In defining those categories of Persons who are required to be licensed under 

tribal gaming law, the Tribe may consider the inclusion of Persons who are required to be 

licensed pursuant to state gaming law. 

H. "Gaming Enterprise" shall mean any gaming business, event, 

enterprise, or activity, licensed by the Tribe and located on the Laytonville Rancheria. 

I. "Gaming Facility" shall mean any building or room in which Class 

111 Gaming Activities or gaming operations occur, or in which the business records, 

receipts or other funds of the gaming operation are maintained (but excluding off-site 

facilities primarily dedicated to storage of such records, and financial institutions), and all 

rooms, buildings and areas, including parking lots, walkways, and means of ingress and 
egress associated therewith, provided nothing herein shall prevent the conduct of Class I1 

gaming (as defined under IGRA) therein. 

J. "General Council" shall mean the governing body of the Tribe as 

established by the ~rticles of Association of the Laytonville Rancheria. 

K. "Investor" shall mean any person who manages any Gaming Activity or 

owns or leases equipment or facilities used in Gaming Activities or has loaned to or 

invested fbnds in any gaming activities, or who owns or controls ten percent (%lo) or 

more of any entity that is an investor or has contributed more than Five Thousand Dollars 

($5,000) to any such person or entity. The definition of "Investor" does not include a 

federally or state chartered bank or savings and loan. 

L. "Key Employee" shall mean a Person who performs one or more of the 

following fbnctions: 

Bingo Caller 

Counting Room Supervisor 

Chief of Security 

Custodian of gaming supplies or cash 

Floor SupervisorIManager 

Card Table SupervisorlManager 

Pit Boss 

Dealer 

Croupier 

Approver of credit 

Custodian of gaming devices including those persons with 

access to cash and account records within such devices 

2. If not otherwise included in Section 3.L. 1. above, the four most 

highly compensated persons in the gaming operation/facility. 

3. If not otherwise included in Section 3.L. 1. above, any other Person 

employed in the Gaming Facility whose total compensations is in 

excess of $30,000 per year. At the discretion of the Gaming 

Commission, the General Council, or the Executive Committee, 

other positions or persons may be included under the definition of, 

and subject to the requirements for, Key Employees. 

M. "National Indian Gaming Commission: ("NIGC") shall mean 

the Commission established under IGRA. 

N. "Net Revenues" shall mean gross gaming revenues from all Gaming 

Activities or a Gaming Enterprise, less amounts paid out as, or paid for, prizes, and less 

total of gaming-related operating expenses, excluding management fees. 
0. "Person" shall mean any natural person or entity including, but not limited 

to, corporations, partnerships, and trusts. 

P. "Public Information" means any annual reports made available to Tribal 

Members under Section 4.M.2 and any information made available to the general public by 

the National Indian Gaming Commission. 

Q. "Primary Management Official" shall mean the person who has 

management responsibility for a management contract or any person who has authority to: 

1. Hire and fire employees; 

2. Set up working policy for the Gaming FacilityIEnterprise; 

3. Be the chief financial officer or other person who has financial 

management responsibility; and 

4. At the discretion of the Gaming Commission with approval of the 

Tribe's Executive Committee, other positions or persons may be 

included under the definition of, and subject to the requirements 

for, primary management officials. 

R. "Rancheria" shall mean all lands under the jurisdiction and control 

of the Tribe. 

S. "State" shall mean the State of California. 

T. "Tribe" shall mean the federally recognized Cahto Tribe of 

California, Laytonville Rancheria. 

U. "Tribal Court" shall mean any court established by the Tribe to 

hear disputes, or if there is none that can exercise jurisdiction, the General Council. 

V. "Tribal Member" shall mean any duly enrolled member of the 

Cahto Tribe. 

SECTION 4. TRIBAL GAMING COMMISSION 

A. Establishment of Tribal gamin^ Commission. There is established by the 

Tribe a Commission, acting under the authority of the General Council, to be known as 

the Cahto Tribe Gaming Commission. The Commission shall be composed of two (2) 

Tribal Members and one (1) Person who is not a Tribal Member and appointed by the 

Executive Committee, as further provided herein. 
B. Oualifications. Commissioners must meet the following minimum qualifications. 

1. Qualifjl for a license as a Key Employee or Primary Management 

Oficial, after submitting to a background investigation as 

authorized by this Ordinance; 

2. Pass ail drug tests that Key Employees are subject to; 

3. Sign and be bound by a Confidentiality Agreement; and 

4. Agree to refiain from all forms of gaming at the Tribe's Gaming 

Facility while serving on the Gaming Commission. 

C. Disaualification From Office. The following persons may not serve as 

Commissioners: 

1. Employees of any Gaming EnterpriseFacility on the Rancheria; 

2. Persons who fail to qualifjl for license as a Key Employee or 

Primary Management Official after the completion of a background 

investigation as provided in this Ordinance. 

D. Terms of Ofice. The Tribal Gaming Commissioners shall serve terms of 

two (2) years. Commissioners shall keep their positions beyond the set two (2) year terms 

until new Commissioners are appointed by the Executive Committee. The Tribal Gaming 

Commission shall remain in full force and effect for the duration of the Gaming Enterprise. 

E. Appointment. Commissioners shall be appointed by the Executive 

Committee using the following procedure: 

1. All applicants for Commissioners shall complete an application form 

adopted by the Executive Committee, and submit to a background 

investigation as authorized by this Ordinance. 

2. At a duly called meeting, the Executive Committee shall vote for 

candidates who have applied. They shall vote separately to fill each 

vacancy. The Candidate with the highest number of votes cast shall 

be appointed. 

F. Removal From Office. Except as provided herein, Commissioners may 

only be removed from office by the General Council or the Executive Committee for 

neglect of duty, misconduct, malfeasance, any cause that would disqualifjl them from 

serving on the Commission, any material omission or false statement in applying for 

appointment, or other acts that would render such persons unqualified for such duties or 

for licensing thereunder. 
1. An affirmative two-thirds (213) majority vote of the General 

Council or the Executive Committee, after a duly noticed hearing at 

which the Commissioner charged with misconduct shall have the 

right to hear and present evidence concerning hisher removal, shall 

be required to remove a Commissioner. 

2; At the request of the Commissioner whose removal is at issue, a 

hearing may be had in closed session. The General Council or 

Executive Committee may also elect to receive in closed session 

any evidence of public disclosure which might compromise any ongoing law enforcement investigation. Notwithstanding the 

foregoing and without any prior notice or opportunity for a hearing, 

the General Council or Executive Committee shall remove any 

Commissioner who fails a background investigation or who 

becomes disabled from pedorming his/her duties. The Tribal 

Council shall fill any vacancy as provided in subsection E, above. 

G. Ouorum. Two (2) members of the Gaming Commission shall constitute a 

quorum. 

H. Officers and Duties. The Executive Committee shall appoint 

Commissioners to the positions of Chairman, Vice-Chairman, and Secretary. The 

Chairman shall preside over meetings of the Gaming Commission and the Vice-Chairman 

shall preside in absence of the Chairman. The Secretary shall record in writing the minutes 

of all Gaming Commission meetings and all oficial actions taken by the Commission. The 

Commission shall work as a team and maintain equal status among all Commissioners. 

I. Voting. All actions of the Gaming Commission shall be taken by majority 

vote. The Commission Chairman may vote on any issue. The Commission may adopt 

formal rules of procedure for its meetingdhearings. 

J. Meetines. Meetings shall be held at least once per month at the Tribe's 

primary meting facility. Additional meetings shall be held as called by at least two (2) 

other Commissioners. Meetings may be called at any time, by any means, with unanimous 

consent of the Commissioners. 

K. compensation for Serving; Commission Costs and Expenses. The two (2) 

Tribal Members shall be paid fifty dollars ($50) per meeting with no more than four (4) 

paid meetings per month. The non-tribal member employed by the Tribe to conduct 

background checks shall be compensated at a rate to be determined by the Executive 

Committee. The Executive Committee may elect, at its sole discretion, to compensate 

Commissioners at an agreed upon hourly rate. The Tribe shall pay for the Gaming 

Commission's costs and expenses subject to prior written approval by the Executive 

Committee setting forth the amounts to be compensated. 
L. Powers and Duties. In order to meet the terms and responsibilities set 

forth in this Ordinance and required by a Tribal-State Compact and IGRA with respect to 

gaming operation and facility compliance, and to protect the integrity of the Gaming 

Activities, the reputation of the Tribe and the gaming operation for honesty and fairness, 

and the confidence of patrons that Tribal government gaming in California meets the 

highest standards of regulation and internal controls, the Gaming Commission shall be 

vested with the authority to promulgate rules and regulations governing the following 

subjects and ensure their enforcement in an effective manner: 

1. Provide independent information to the General Council and the Executive 

Committee on the status of Gaming Activities being conducted with any 

Gaming Facility on the Laytonville Rancheria; 

2. Establish and administer standards and procedures for the licensing of 

employees, persons, and entities who deal with the Gaming 

FacilityEnterprise, such as, manufacturers, and suppliers of machines, 

equipment and supplies; 

3. Conduct or cause to be conducted, background investigations regarding 

any person in any way connected with any Gaming Activities, and issue 

licenses to all employees according to requirements at least as stringent as 

those in 25 C.F.R., parts 556 and 558; 

4. To deny any application for license, to limit, cancel, revoke, terminate, 

condition, modifjr, suspend or restrict any license, to make findings of 

suitability, (and approve the imposition of a fine for any cause deemed 

reasonable by the Commission) upon any person holding a license; 

5. Notifjr the National Indian Gaming Commission of licensing actions; 

6. License each facility where gaming is allowed; 

7. Ensure that each Gaming Facility is constructed in accordance with the 

standards set forth in a Tribal-State Compact. Ensure that each Gaming 

Facility is maintained and operated in a manner that adequately protects the 

environment, public health and safety, and persons employed by the 

Gaming Facility; 

8. Cause to be conducted an audit of the gaming operation, not less than 

annually, by an independent certified public accountant, in accordance with 

Generally Accepted Accounting Principles ("GAAP) including, but not 

limited to, audits of contracts pursuant to Section 10.B below. 
Ensure that net revenues from Gaming Activities are used for the limited 

purposes set forth in this Ordinance; 

Ensure that the Gaming Facility complies with the Tribe's Minimum 

Internal Control Standards (MICS) and procedures for the Gaming 

EnterpriseEacility including, but not limited to, procedures for acquiring 

supplies and equipment. 

Establish or approve rules of various games and inspect games, tables, 

equipment, machines, cards, chips or tokens used in the Gaming 

EnterpriseEacility. Establish standardslcriteria for gaming machines and 

facilitate the testing of machines for compliance; 

Inspect, examine, and monitor Gaming Activities, including the power to 

demand access to and inspect and examine any Gaming Facility, machine, 

device, practice, paper, book, record, or area and, in addition, audit all 

papers, books and records to ensure compliance with tribal law and 

regulations; 

Conduct investigations and/or hearings of possible violations of regulatory 

or licensing matters; and hold such hearings, sit and act at such times and 

places, summon persons on the Rancheria to attend and testifL at hearings, 

take testimony, and receive evidence as the Gaming Commission deems 

relevant in hlfilling its duties and take appropriate enforcement action; 

Interact with other regulatory and law enforcement agencies regarding the 

regulation of gaming; 

~esolve patron disputes and employee grievances pursuant to this 

Ordinance; 

Determine standards of customer conduct for patron exclusions and 

maintain a list of those persons barred from the Gaming Facility who, 

because of their past behavior, criminal history, or association with persons 

or organizations, pose a threat to the integrity of the Gaming Activities of 

the Tribe; 

Protect patrons and property from illegal activity; detain persons 

who may be involved in illegal acts for the purpose of notifjling appropriate 

law enforcement authorities; 

Record any and all unusual occurrences within the Gaming Facility that 

deviate from normal operating policies and procedures (hereinafter 

"incident"). Adopt procedures for recording incidents. The procedures for 

recording incidents shall: 
(a) Specifjl that security personnel record all incidents regardless of an 

employee's determination that such incident may be immaterial (all 

incidents shall be identified in writing); 

@) Require the assignment of a sequential number to each report; and 

(c) Require that each report include at a minimum: 

(i) The record number; 

(ii) The date; 

(iii) The time; 

(iv) The location of the incident; 

(v) A detailed description of the incident; 

(vi) The persons involved in the incident; and 

(vii) The security department employee assigned to the incident. 

Copies of all incident reports shall be forwarded to the Gaming 

Commission within seventy-two (72) hours of the incident. 

To the extent required, comply with any reporting requirements established 

by this Ordinance, Tribal law, IGRA, or a Tribal-State Compact to which 

the Tribe is party; 

Promulgate and issue such regulations as it deems appropriate subject to 

review and approval by the Executive Committee andlor the General 

Council, in order to implement and enforce the provisions of this 

Ordinance; 

Carry out such other duties with respect to Gaming Activities on the 

Rancheria as the Executive Committee or General Council shall direct; 

Establish employee procedures designed to permit detection of any 

irregularities, theft, cheating, fraud, or the like; 

Approve rules and regulations of each Class I11 game to be operated by the 

Tribe and any changes made to such rules and regulations. 

Maintain a copy of the rules, regulations, and procedures for each 

game as presently played including, but not limited to, the method of play 

and the odds and method of determining amounts paid to winners; 

Maintain a cashier's cage in accordance with industry standards for 

such facilities; and 
27. Set forth regulations specific to technical standards for the operation of 

gaming terminals and other games authorized herein to be approved by the 

Executive Committee. 

M. Reports. 

1. Monthlv Reports. The Commission shall make at least one report a 

month to the Executive Committee which shall include a summary 

of gaming activities and all licensing and enforcement actions. 

2. Annual Reports. On or before April 30' of each year, the 

Commission shall provide to the Executive Committee an Annual 

Report summarizing its activities during the prior twelve (12) 

month period ending on December 3 1'". The Executive Committee 

shall release a summary of the Annual Report to Tribal Members 

within thirty (30) after receipt of the Annual Report from the 

Commission. 

3. Other Reportinn Requirements. As required, the Commission shall 

comply with any reporting requirements established under a TribalState Compact to which the Tribe is a party, IGRA, and regulations 

promulgated thereunder. 

N. Disclosure of Information. The Commission shall adopt rules consistent with this 

Ordinance governing the disclosure of information in its records. 

0. Public Information. Public Information shall be available to any Tribal official, 

Tribal employee, or Tribal member, during normal business hours (10:OO a.m. to 4:00 

p.m.), upon reasonable notice. Any Tribal official, Tribal employee, or Tribal member 

may request copies of any identifiable public record. Commissioners shall not disclose 

contidential records or confidential information except as required to perform their 

specific job duties, to comply with applicable legal requirements, or as expressly 

authorized by the Executive Committee in writing. 

Q. Relationship Between the Gamine Commission and the Primarv Management 

Officials. Nothing in this Ordinance shall prevent the Gaming Facility General Manager 

and/or Operations Manager from undertaking any of the duties and responsibilities of the 

Gaming Commission, except that the Gaming Commission shall have primary 

responsibility for carrying out its duties and responsibilities. To the extent the Gaming 

Commission fails to perform its duties or responsibilities under this Ordinance, it shall be 

the responsibility of the Gaming Facility General Manager andlor Operations Manager to 

perform those duties and responsibilities until such time as the Gaming Commission 

performs its duties and responsibilities. All disputes between the Gaming Commission and 

the Gaming Facility General Manager and/or Operations Manager shall first be resolved by 
the Executive Committee. In the event that the Executive Committee is unable to resolve 

the dispute, the matter shall be resolved by the General Council. 

R. Confidential Records. All confidential financial information, Gaming Commission 

records, license records, applications, personnel records, and background check 

documentation shall be kept by the Primary Management Oficials in a locked box or 

cabinet in the Gaming Facility. Gaming Commissioners shall be given full unrestricted 

access to this information upon request without prior notice. 

SECTION 5. ENFORCEMENT OF TRIBAL-STATE COMPACT PROVISIONS 

A. Investigations and Sanctions. 

1. The Gaming Commission shall investigate any reported violation of 

Tribal-State Compact provisions and shall require the gaming 

operation to correct the violation upon such terms and conditions 

as the Gaming Commission determines are necessary. 

2. The Gaming Commission shall be empowered by this Ordinance to 

impose fines or other sanctions within the jurisdiction of the Tribe 

against gaming licensees or other persons who interfere with or 

violate the Tribe's gaming regulatory requirements and obligations 

under IGRA, the Tribal-State Compact, or this Ordinance. 

3. The Gaming Commission shall be required to report continued 

violations or failures to comply with their orders to the appropriate 

State agency, provided such continued violations and compliance 

failures have first been reported to the Executive Committee and no 

corrective action has been taken within a reasonable period of time. 

B. Assistance by State Gaming Agency. 

1. If requested by the Tribal Gaming Commission, the appropriate 

State gaming agency shall assist in any investigation initiated by the 

Tribal Gaming Commission and provide other requested services to 

ensure proper compliance with the provisions of the Tribal-State 

Compact. 

2. The State shall be reimbursed for its reasonable costs of such 

assistance provided it has received express written consent from the 

Executive Committee in advance for such expenditures. 
C. Access to Premises bv State gamin^ Aeencv: Notification and Inspection. 

The State gaming agency shall have the right to inspect the Tribe's gaming facilities and all 

gaming operation or facility records relating thereto pursuant to a Tribal-State Compact to 

which the Tribe is a party. 

SECTION 6. AUTHORIZATION OF GAMING ACTIVITIES 

A. Class I Gaming. Class I Gaming Activities shall mean social games solely 

for prizes of minimal value or traditional forms of Indian gaming as part of Tribal 

ceremonies or celebrations and are hereby permitted to the extent consistent with tribal 

custom and practice. The Gaming Commission may prohibit and prevent any conduct 

which is claimed to be Class I gaming if the General Council or Executive Committee 

finds that such conduct is not in accordance with tribal customs or practices, or violates 

IGRA or any other law. 

B. Class 11 Gaming;. Class I1 gaming as defined in IGRA, 25 U.S.C. 5 

2703(9)(7)(A) and by the regulations promulgated by the National Indian Gaming 

Commission at 25 C.F.R. 5 502.3 is hereby authorized. 

C. Class I11 Gaming. Class I11 gaming as defined in IGRA, 25 U.S.C. 5 

2703(8) and the regulations promulgated by the National Indian Gaming Commission 

("NIGC") at 25 C.F.R. § 502.4 is hereby authorized. Class I11 gaming is any type of Class 

I11 gaming conducted pursuant to the terms of a Tribal-State Compact. 

D. Conditions for Conducting Class I1 and Class I11 Gaming. Class TI and 

Class I11 gaming is authorized as provided in subsections B and C above, provided the 

Tribe has the sole proprietary interest in and responsibility for the conduct of any Gaming 

Enterprisaacility. 

1. Nothing herein shall prohibit the Tribe from engaging the services 

of non-tribal persons as employees or engaging any person or entity 

to provide consulting or other technical assistance or to assist the 

Tribe in the management of Gaming Activities pursuant to a 

management agreement entered into under the provisions of IGRA. 

2. Any Tribal-State Compact, when approved and published pursuant 

to IGRA, is hereby incorporated within and enacted as an integral 

part of this Ordinance with respect to all forms of Class 111 gaming 

as set forth herein; provided, however, that nothing in the adoption 

of a Tribal-State Compact shall be deemed to affect the operation 

by the Tribe of any Class I1 gaming, whether conducted within or 

without the Gaming Facility, or to confer upon any State any 

jurisdiction over such Class I1 gaming conducted by the Tribe on 

the Tribe's lands. 
SECTION 7. GAMING REVENUES. 

A. Tribal Pro~ertv. Except as provided for under the terms of an agreement 

pursuant to the provisions of IGRA or as otherwise permitted by law, all revenues 

generated from any Class I1 or Class I11 Gaming Activities are the property of the Tribe. 

1. Ninety percent (%go) of any profits or net revenues from Gaming 

Activities shall be deposited into the Tribe's general treasury or 

such other tribal account as the Executive Committee shall 

determine. Once becoming part of the treasury, or tribal account, 

such hnds shall lose any identity as gaming revenues except to the 

extent necessary to identiG them as such to comply with IGRA. 

2. Ten percent (%lo) of any profits or net revenues from Gaming 

Activities shall be deposited into a Gaming Facility account to be 

used as a reserve find for Gaming Facility operating expenses, 

expansion, marketing, and/or any other unexpected expenses that 

the Gaming Facility incurs. Funds from this account may only be 

spent with the consent of the Executive Committee and the Gaming 

Facility General Manager. 

3. No Tribal Member shall be deemed to have any interest in such 

profits or net revenues, provided that the Executive Committee 

and/or General Council may adopt rules for distributing gaming 

proceeds to Tribal Members on a per capita basis provided such a 

plan meets the requirements of IGRA 25 U.S.C. $2710(b)(3). 

4. Payments from the general treasury hnds to Tribal Members under 

other tribal programs including those related to health, welfare, 

education, elderly care, and housing shall not be deemed to be per 

capita payments. 

B. Use of Net Revenues. Net Revenues from Gaming Activities may be used 

to: 

1. To hnd tribal government operations or programs; 

2. To provide for the general welfare or the Tribe and its members; 

3. To promote economic development for the Tribe; 

4. To donate to charitable organizations; 

5. To help hnd operations of local government agencies; andlor 

6. Per capita payments. 
C. Allocation of Net Revenues. The Executive Committee shall prepare a 

financial plan and/or ordinance to allocate revenues to uses authorized under Section B 

including per capita payments. The Executive Committee may form an advisory 

committee consisting of Tribal Members to make recommendations regarding the financial 

plan andlor ordinance. The financial plan or ordinance must be approved by the General 

Council in accordance with the quorum and voting requirements set forth in the Articles of 

Association of the Laytonville Rancheria 

D. Per Capita Payments. When per capita payments are authorized under 

subsection B.6. above: 

1. Per capita payments may only be made pursuant to a financial plan 

andlor ordinance approved by the Secretary of the Interior or his 

duly authorized designee. 

2. All per capita payments made to Tribal Members are subject to 

federal taxation. The Members shall be notified of such tax liability 

and any required withholding when payments are made. 

SECTION 8. OPERATION OF GAMNG ESTABLISHMENTS 

A. Gamin& Permitted as Licensed. Gaming Activities shall only be conducted 

in Tribally owned, operated, and licensed facilities pursuant to the provisions of this 

Ordinance. 

1. Such activities shall be conducted in accordance with the terms and 

conditions of any license issued by the Tribe for such purposes as to 

each Gaming Facility. 

2. Such licenses shall specifjr the hours of operation, type, and scope 

of Gaming Activities allowed therein, permitted uses of the facility 

for other activities, rules of conduct for employees and patrons, 

regulation of alcoholic beverages, food handling and entertainment, 

and such other matters as the Gaming Commission or the Executive 

Committee may deem necessary to the conduct of Gaming 

Activities therein. 

B. Protection of the Environment and Public. Any construction or 

maintenance of any Gaming Facility and the operation of gaming therein shall be 

conducted in a manner which adequately protects the environment and the public health 

and safety. 

C. Public/Patron Dispute Resolutions. If any customer or member of the 

general public has a dispute with a manager or employee of a Gaming EnterpriseEacility, 
C. PublicPatron Dispute Resolutions. If any customer or member of the 

general public has a dispute with a manager or employee of a Gaming EnterpriseIFacility, 

or the Tribe, it shall be resolved using the following procedure. The Gaming Enterprise1 

Facility General Manager and the Tribe shall endeavor to resolve disputes at the lowest 

level of management possible. Toward that end, any dispute involving gaming must be 

presented using the following multi-step process: 

1. Step 1 : If a patron has a complaint involving the conduct of a game or 

hisher treatment at the facility, helshe must discuss the matter with the 

employee involved in the incident. The employee must listen carehlly and 

courteously to the patron's complaint. If the employee fails to resolve the 

complaint to the customer's satisfaction or lacks the authority to remedy 

the complaint, he/she shall immediately contact hisfher immediate 

supervisor, if available, or the floor manager. 

2. Ste~ 2: If the supervisor or floor manager fails to resolve the dispute to the 

customer's satisfaction or lacks the authority to remedy the complaint, 

helshe shall refer the complaint to the Gaming Facility General Manager. 

The supervisor or floor manager shall also notify security. If a customer is 

referred to the Gaming Facility General Manager, the Gaming Facility 

General Manager shall interview the customer and, if necessary, the 

involved employee(s) and shall make a decision within a reasonable time, 

not to exceed seven (7) days. The General Manager shall obtain the 

customer's name, address, and telephone number. The General Manager 

shall notifjr the customer that if helshe remains dissatisfied, helshe can 

request in writing, review by the Tribal Gaming Commission within ten 

days (10) days after the General Manager's written decision is mailed to 

the customer. 

3. Ste~ 3: The Tribal Gaming Commission shall review the customer's 

written appeal and may interview the customer, the General Manager, and 

any employees involved. The Commission shall issue a written decision to 

the customer within fourteen (14) days after receiving the customer's 

written appeal. The Commission's written decision shall include a notice 

that the Commission's decision may be appealed to a hearing panel of three 

persons, to be appointed by the Executive Committee. The written appeal 

must include all information and issues the customer wants the hearing 

panel to consider in acting on the appeal. The appeal must be filed within 

fourteen (14) days of the date of the Commission's decision. 
4. Ste~ 4:The hearing panel shall conduct such hearing on the appeal as it 

deems appropriate. It may limit its review to the written appeal and the 

written decision of the Commission or it may invite the customer to present 

written testimony and it may receive testimony from the employees 

involved. The Executive Committee, based on the recommendations of the 

hearing panel, shall issue a written decision which shall be final. 

5. All written notices and decisions shall be sent by regular first class mail to 

the customer at the address hrnished by the customer. The time limits for 

complaints shall be calculated from the date appearing on the notices or 

decisions, provided these items are mailed on that date. 

6. All claims by patrons shall be limited to a maximum recovery of $10,000 

per occurrence, and a cumulative limit of $20,000 per patron per twelve 

(12) month period. 

7. Nothing in this Section shall be construed as a waiver of the Tribe's 

sovereign immunity. 

SECTION 9. AUDITS AND MINIMUM INTERNAL CONTROL STANDARDS 

A. Annual Audits. The Executive Committee shall contract with a qualified 

independent certified public accountant or firm of accountants to conduct annual audits of 

each gaming activity as required pursuant to this Ordinance and the results thereof 

reported to the Gaming Commission, and, to the extent required by law, the National 

Indian Gaming Commission ("NIGC"). 

B. Minimum Internal Control Standards. The Executive Committee is hereby 

authorized to approve the Gaming Facilities' Minimum Internal Control Standards 

("MICS'). The Executive Committee may modifjr the MICS as needed. The Primary 

Management Oficials shall adopt written Standard Operation Procedures ("SOPS") 

pertaining to control standards not set forth in the MICS. To the extent that the Tribe 

cannot comply with the MICS, the Primary Management Officials shall adopt SOPS which 

contain compensating procedures which set forth controls which meet or exceed those 

controls set forth in the MKS. 

SECTION 1 0. CONTRACTS. 

A. Procurement. The Executive Committee may adopt procurement policies 

from time to time. All purchases of services or supplies shall comply with the adopted 

procurement policies. 
B. Audit Requirements. All contracts for supplies, services, and/or 

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

professional, legal, or accounting services) relating to Class I1 or Class 111 gaming on the 

Rancheria shall be subject to independent audits, and such contract shall so specitjr. 

C. Preference. Any management and investment gaming contracts or other 

contracts must make provision for the preferential hiring of Tribal members and their 

spouses, followed by a preference for Native American Indian people and their spouses 

from Laytonville and the surrounding area, for jobs in the construction and operation of 

any Gaming Facility or Enterprise. 

SECTION 1 1. LICENSES. 

A. Licensing Requirements. It is the declared policy of the Tribe that all 

Gaming Activities be licensed and controlled so as to protect the morals, good order, and 

welfare of Tribal Members and other persons on the Rancheria and to preserve the 

honesty, fairness, and' integrity of such Gaming Activities. Accordingly, no person shall 

engage in any Class I1 or Class I11 Gaming Activities on the Rancheria without an 

appropriate and valid independent Class I1 or Class I11 license issued by the Gaming 

Commission. 

1. Any gaming license which is issued, or finding of suitability or approval by 

the Gaming Commission, shall be deemed a privilege subject to suspension 

or revocation. 

2. No license shall be issued that would place the Rancheria in violation of the 

IGRA and regulations promulgated thereunder and, as applicable, 

provisions of a Tribal-State Compact to which the Tribe is a party, or of 

any applicable law. 

3. The licensing requirements of this Ordinance are in addition to any state 

certificates or licenses required by a Tribal-State Compact to which the 

Tribe is a party and any certificates or licenses required by the NIGC. 

4. Persons: The following persons must obtain licenses: 

a. all Primary Management Oficials 

b. all Key Employees 

c. any other employee or class of employees as determined by the 

Commission andlor the Executive Committee. 

B. Burden on Ap~licant. The burden of proving an applicant's qualification to 

receive any license hereunder is at all times on the applicant. Applicants must accept any 

risk of adverse public notice, embarrassment, or other action which may result from the 

application process and expressly waive any claim for damages as a result thereof. 
C. Standard for License. Licenses issued hereunder shall be issued according 

to requirements at least as stringent as those set forth in 25 C.F.R. parts 556 and 558, and 

any amendments thereto, and in the case of Class I11 Gaming Licenses, also according to 

requirements at least as stringent as those set forth in a Tribal-State Compact to which the 

Tribe is a party. The Executive Committee and the Gaming Commission reserve the right 

to issue licenses pursuant to standards which are more stringent than those required either 

by the NIGC or by a Tribal-State Compact. 

D. Standards of Conduct. All persons engaged by or associated with any 

Gaming Activity on the Rancheria shall conduct themselves with honesty, integrity, and 

with such decorum and manners as may be necessary to reflect positively on the Tribe, its 

members and the Gaming Activities involved. Any failure to abide by such standards, or 

any violation of any rule, ordinance, custom, or tradition of Tribe or the Gaming Facility, 

or the terms or conditions of the license, may be grounds for immediate suspension or 

revocation of any license issued hereunder. 

E. Applicant Claim of Privilege. An applicant may refuse to disclose 

information based upon a claim of privilege afforded by law in connection with a gaming 

license application or investigation, but a claim of privilege with respect to any testimony 

or evidence pertaining thereto may constitute sufficient grounds for denial, suspension, or 

revocation. 

F. Release of Information. All persons applying for a license shall agree to 

release the information necessary in order for the Gaming Commission to achieve its goals 

under this Ordinance, and to hrnish such information to the Bureau of Indian AfFairs, the 

NIGC, or such other governmental agency as may be required by law. 

G. License Renewal. AIl licenses shall be subject to renewal at least every five 

(5) years, and may be revoked or suspended upon the occurrence of any act which, if 

known during the application process, would have tended to disqualifi such person for 

such a license, or for any material omission or false statement in an application. All 

licenses shall be automatically renewed every two years unless the Gaming Commission 

notifies the licensee that additional information, or a new application, is required. 

H. Temporary Licenses. Pending completion of an investigation for a license, 

temporary license of no more than ninety (90) days duration may be issued by the Gaming 

Commission if, in its sole discretion, it deems it appropriate to do so. 

1. Such temporary licenses shall permit the licensee to engage in such 

activities and pursuant to such terms and conditions as may be 

specified by the Gaming Commission. 
2. Such temporary licenses shall expire ninety (90) days from date of 

issuance, upon issuance of a regular license, or at an earlier 

specified expiration date, whichever occurs first. 

I. License Investigations. The Gaming Commission may employ all 

reasonable means to acquire the information necessary to determine whether or not a 

license should be issued. With the prior express written consent of the Executive 

Committee, the Gaming Commission may hire a private investigator to conduct 

investigations and/or background checks pursuant to this Ordinance. 

J. License Fees. Unless specifically waived by the Gaming Commission 

and/or the Executive Committee, all license applicants shall be required to pay all 

applicable license fees and costs when due, including a reasonable deposit for costs 

incurred in obtaininginformation in connection with the license application. Estimates of 

license costs shall be provided to applicants upon reasonable request. Payment for all 

reasonable fees and costs must be received prior to the issuance of a license. All 

employees shall pay a one-time hundred and fifty dollar ($150) license fee. This one-time 

fee may be increased or decreased by the Executive Committee. 

K. Appeals. All decisions of the Gaming Commission regarding the issuance 

or revocation of licenses shall be effective when issued. 

1. An applicant or licensee whose license is denied, revoked or 

suspended may, within thirty (30) days after the date of receipt of a 

written decision of the Gaming Commission, file a petition with the 

Gaming Commission requesting a hearing to reconsider the 

decision, and shall have the right to appeal such decision to the 

Tribal Court. 

2. Any Tribal Member who is denied a license by the Gaming 

Commission may, within sixty (60) days of written notice of such 

denial, appeal the denial to the Gaming Commission, which shall 

have the power to reverse its prior decision and order that such 

license be issued. The Tribal Member shall have the right to appeal 

the Gaming Commission's decision to the Executive Committee, 

provided that no license shall be issued for more than one (1) year, 

subject to the renewal procedures set forth herein, and provided 

that no order of the Gaming Commission or Executive Committee 

that a license be issued shall be valid if such issuance would place 

the Tribe in violation of any Tribal State Compact to which the 

Tribe is a party, or any applicable law. 
Background Investigations. 

1. The Gaming Commission shall request from each employee all of 

the information specified in subsections (a) through (n) below. The 

Gaming Commission reserves the right, at any time, to request 

additional information either prior to, during, or subsequent to, any 

background investigation. 

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

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

gender and all languages (spoken or written); 

(b) Currently and for at least the previous ten (10) years: 

business and employment positions held, ownership interests 

in those businesses, business and residence addresses, and 

drivers license number(s); 

(c) Names and current addresses of at least three (3) personal 

references; 

(d) Current business and residence telephone numbers; 

(e) A description of any existing and previous business 

relationships with the gaming industry generally including 

ownership interests in those businesses; 

(f) A description of any existing and previous business 

relationships with Indian tribes including ownership interests 

in those businesses; 

(g) Name and address of any licensing or regulatory agency 

with which the person has ever filed an application for a 

license or permit related to gaming, whether or not such 

license or permit was granted; 

(h) For each felony for which there is an on-going prosecution 

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

court involved, and the date and disposition, if any, of the 

case; 
(i) For each misdemeanor conviction or on-going misdemeanor 

prosecution (excluding minor traffic charges), whether or 

not there is, or was a conviction, if such criminal charge is 

within ten (10) years of the date of the application: the 

name and address of the court involved, and the date and 

disposition, if any, of the case; 

(i) For each criminal charge (excluding minor traffic charges) 

whether or not there is or was a conviction, if such criminal 

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

and is not otherwise listed pursuant to subsections (h) or (i) 

above: the criminal charge, the name and address of the 

court involved and the date and disposition, if any, of the 

case; 

(k) Name and address of any licensing or regulatory agency 

(federal, tribal, state, local, or foreign) with which the 

person has filed an application for an occupational license or 

permit, whether or not such license or permit was granted; 

(1) Current photographs; 

(m) Any other information the Executive Committee and/or the 

Gaming Commission deem(s) relevant; and 

(n) Fingerprints consistent with procedures adopted by the 

Gaming Commission according to 25 C.F.R. § 522.2(h). 

2. The Tribe shall conduct or cause to be conducted an investigation, 

through the Gaming Commission, sufficient to make a "Suitability 

Determination" as required under this Ordinance. In conducting 

the background investigation, the Gaming Commission and its 

agents shall promise to keep confidential the identity of each person 

interviewed in the course of the investigation. 

3. The Gaming Commission shall arrange to take the applicant's 

fingerprints and forward those fingerprints directly to the NIGC, to 

be forwarded to the Federal Bureau of Investigation ("FBI"), 

and/or the National Criminal Information Center ("NCIC"), for 

review of the applicant's criminal history, and to perform, or 

arrange to have performed, the necessary background investigation 

of the applicant required by this Ordinance. 
4. Such investigation shall include contacting each reference provided 

in the application and taking all appropriate steps necessary to 

veritjl the accuracy of the information contained in the application. 

5. There shall be a written investigation report of the findings and 

conclusions of each investigation. The investigative report shall 

include: 

(a) the steps taken in conducting a background investigation; 

(b) the results obtained; 

(c) the conclusions reached; and 

(d) the basis for those conclusions. 

6. The Gaming Commission shall review the findings and conclusions 

of the report to determine whether to grant or deny the license 

applied for. 

M. Suitability Determination. The Gaming Commission shall review a 

Person's prior activities, criminal record, if any, and reputation, habits, and associations to 

make a finding concerning the eligibility of an applicant for employment in a Gaming 

EnterpriseEacility. 

1. The Gaming Commission shall consider whether issuance of the 

license is inimical to public health, safety, or welfare, and whether 

issuance of the license will undermine public trust that the Tribe's 

gaming operations and tribal government gaming generally are fiee 

from criminal and dishonest elements. 

2. No license shall be issued unless, in addition to any other criteria in 

IGRA or this Ordinance, the Gaming Commission is satisfied that 

the applicant is all of the following: 

(a) A Person of good character, honesty, and integrity; and 

(b) A Person who poses no threat to the public interest or to 

the effective regulation of gaming, and does not create or 

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

methods and/or activities. 

3. No license shall be denied to an applicant solely on the grounds that 

the Person may have violated a law in the exercise of, or protection 

of, a Tribe's sovereignty rights in connection with fishing, hunting, 

protection of burial grounds, and/or repatriation of remains of 

artifacts. 
N. Forwarding License Applications and Reports to the MGC 

1. On or before the date a Key Employee or Primary Management 

Official is employed by a Gaming Facility/Enterprise authorized 

under this Ordinance, the Gaming Commission, acting on behalf of 

the Tribe, shall forward to the NIGC, the Person's completed 

application for employment containing the information required 

above under Section 1 1 of this Ordinance. 

2. Prior to issuing a license to a Primary Management Official or Key 

Employee, the Gaming Commission, acting on behalf of the Tribe, 

shall forward to the NIGC, together with a copy of the Suitability 

Determination made under Section 11 .M above, an investigative 

report on each background investigation. 

3. The background investigation investigative report shall be 

forwarded to the NIGC within sixty (60) days after the employee 

begins work, or within sixty (60) days of the approval of this 

Ordinance by the NIGC. The Gaming Enterprise shall not employ 

or continue to employ any Person as a Key Employee or Primary 

Management Oficial who does not have a license within ninety (90) 

days of beginning work. The investigative report shall include the 

following information: 

(a) The steps taken in conducing the background investigation; 

(b) The results obtained; 

(c) The conclusions reached; and 

(d) The basis for those conclusions. 

4. The Gaming Commission, acting on behalf of the Tribe, shall 

provide to the NIGC, or any other agency as required by law, any 

other reports and information required by IGRA and regulations 

promulgated thereunder. Further, with respect to Key Employees 

and Primary Management Oficials, the Primary Management 

Oficials shall retain applications for employment and reports (if 

any) of background investigations for inspection by the MGC for 

no less than three (3) years from the date of termination of 

employment. 

5. If a license is not issued to an applicant, the Gaming Commission 

shall noti@ the MGC and may forward copies of its Suitability 

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

inclusion in the Indian Gaming Individuals Record System. 
0. Granting a Gamine. License. 

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

required under subsection 1 1 .N above, the NIGC notifies the Tribe 

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

license application filed for a Key Employee or Primary 

Management Oficial for whom the Gaming Commission has 

provided an application and investigative report, the Gaming 

Commission may issue a license. 

2. The Gaming Commission shall provide any additional information 

requested by the NIGC concerning a Key Employee or Primary 

Management Official who is the subject of a report required under 

this subsection. An NIGC request for additional information shall 

suspend the thirty (30) day period established under this subsection 

until the NIGC receives the additional information. 

3. If, within the thirty (30) day period established under this 

subsection, the NIGC provides a statement itemizing objections to 

issuance of a license to a Key Employee or Primary Management 

Official, the Gaming Commission shall reconsider the application, 

taking into account such objections. The Tribe retains the right to 

make the final determination whether to issue a license to the 

applicant. 

P. License Suspension 

1. If, after the issuance of a gaming license, the Gaming Commission 

receives reliable information from the NIGC or other reliable 

source(s) indicating that a Key Employee or Primary Management 

Official is not eligible for employment under the eligibility criteria 

established in Section I I above, the Gaming Commission shall 

suspend the license and shall notifjl the licensee in writing of the 

license suspension and proposed revocation. 

2. The Gaming Commission shall noti@ the licensee of a time and 

place for a hearing on the proposed revocation of the license. 

3. After the revocation hearing, the Gaming Commission shall 

determine whether to revoke or to reinstate the gaming license. For 

actions taken in response to information provided by the NIGC, the 

Gaming Commission shall notify the NIGC of its decision. 
Q. Facility Licenses. A separate license shall be required for each place, 

facility, or location, on any land where Class I1 andlor Class I11 gaming is to be conducted 

on the Rancheria. The Gaming Commission shall inspect and license each such facility in 

accordance with this Ordinance, a Tribal-State Compact to which the Tribe is a party, and 

any additional IGRA requirements. 

R. Gaming Resource Supplier. Any Gaming Resource Supplier who provides, 

has provided, or is deemed likely to provide, at least twenty-five thousand dollars 

($25,000) in gaming resources in any 12-month period, shall be licensed by the Gaming 

Commission prior to the sale, lease, or distribution, or hrther sale, lease, or distribution of 

the gaming resources to, or in connection with, the Tribe's gaming operation or facility. 

The Gaming Resource Supplier licenses shall have no set term. Gaming Resource 

Suppliers shall be required to provide additional information upon a written request made 

by the Gaming Commission and/or the Executive Committee. Gaming Resource Suppliers 

shall notifjl the Tribe of any changes in the information set forth in their applications. If 

newly providedldiscovered information contains grounds for the suspension andlor 

revocation of a license, and such license is thereafter suspended or revoked, the Tribe shall 

make reasonable accommodations with the Gaming Resource Supplier for the repayment 

of outstanding debt. 

S. Financial Sources. Any party extending financing, directly or indirectly, to 

the Tribe's Gaming EnterpriseIFacility, or gaming operation, shall be licensed prior to 

extending such financing. The Financial Source licenses shall have no set term. Financial 

Sources shall be required to provide additional information upon a written request made 

by the Gaming Commission and/or the Executive Committee. Financial Sources shall 

noti@ the Tribe of any changes in the information set forth in their applications. If newly 

provided~discovered information contains grounds for the suspension and/or revocation of 

a license, and such license is suspended or revoked, the Tribe shall make reasonable 

accommodations with the Financial Sources for the repayment of outstanding debt. 

Financing from a federal or state regulated bank, savings and loan, or other lending 

institution, a federally recognized Tribal government or tribal entity thereof, or any agency 

of the federal, state, or local government, may be excluded from obtaining a license at the 

discretion of the Executive Committee. 

SECTION 12. APPLICATION FORMS. 

Each application form for a Key Employee or Primary Management Oficial, or 

any employee shall contain notices as set forth in subsections (A) and (B) below. Any 

existing Key Employee or Primary Management Oficial, or any other employee, that has 

not completed an application form containing the language set forth in Section 12.A and B 

below shall be notified that they shall either complete a new application form that contains 

the Privacy Ordinance Notice and the Notice Regarding False Statements; sign a 

statement that contains the Privacy Ordinance Notice and consent to the routine uses 

described in that notice and sign a statement that contains the Notice Regarding False 

Statements. 
A. Privacy Ordinance Notice. 

1. In compliance w~ith the Privacy Act of 1974, the following 

information is provided: Solicitation of this injormation on this 

form is alithorized by 25 US. C. J 2 701 et seu. 

2. The purpose of the requested iilformation is to determine the 

suitability of individrrcls to be entployed in a gaming operation. 

3. The information will be iised by the National Indian Gaming 

Commission members and staff who have need for the information 

in the perforntance of their official duties. 

4. 7he ilformation niay be disclosed to appropriate federal, tribal, 

state, local or foreign law enforcement and regilatory agencies 

when relevant to civil, criminal or regwlatory in~~estigations or 

prosecutiotts or w~heit piirsuant to a requirement by a Tribe or the 

NIGC in connection w~ith the hiring or firing of an employee, the 

issuance or rel~ocation of a ganiing license, or investigations of 

acthities w~hile associated w~ith a Tribe or a gaming operation. 

5. Failzire to consent to the disclosures indicated in this notice will 

result in a Tribe 's being trnable to hire yoii in a Primary 

Management Official or Key Employee position. The disclosure of 

your Social Security Nuntber is ~~oluntary. Ho~i~ever, failure to 

supp/y a SSN may result in errors in processing your application. 

B. Notice Reearding False Statements 

1. A false statenlent 011 any part of your application may be grounds 

for not hiring you, or for firing you after you begin work. Also you 

may be punished by fine or intprisonnient (US. Code Title 18, 

Section 1001). 

Applications and reports of background investigations of Primary Management 

Officials and Key Employees shall be retained by the Tribe for no less that three years 

from termination of employment. 
SECTION 13. CLASS I11 GAMING: TRIBAL-STATE COMPACTS. 

A. The standards of operation and management for Class I11 games shall be at 

least as stringent as those set forth in a Tribal-State Compact to which the 

Tribe is a party. If the terms of a Tribal-State Compact to which the Tribe 

is a party conflict with the terms of this Ordinance, the terms set forth in 

the Tribal-State Compact shall apply instead of this Ordinance. 

B. The Tribe may adopt standards of operation and management for Class I11 

gamesthat are no less stringent than, or not otherwise inconsistent with, a 

Tribal-State Compact to which the Tribe is a party. 

C. All negotiations for Tribal-State Compacts shall be conducted through 

the Executive Committee with the advice of Tribal Counsel. 

SECTION 14. INTEREST IN MANAGEMENT CONTRACTS BY TRIBAL 

OFFICIALS. 

No elected official of the Tribe, including the Gaming Commission, or any other 

committee or agency of the Tribe, shall have a financial interest in or management 

responsibility for, any management agreement entered into pursuant to IGRA, nor shall 

such elected official serve on the board of directors or hold (directly or indirectly) ten 

percent (%lo) or more of the issued and outstanding stock of any corporation, or ten 

percent (%lo) or more of the beneficial interest in any partnership, trust, or other entity, 

having a financial interest in, or management responsibility for, such contract. Tribal 

officials and Executive Committee members may work as employees of the Gaming 

FacilityIEnterprise. 

SECTION 1 5. SERVICE OF PROCESS. 

The Tribe designates as its agent for service of any official determination, order, or 

notice of violation, the Tribal Chairperson. 

SECTION 16. TRIBAL GAMING CORPORATION. 

Nothing in this Ordinance shall prevent the Tribe, through its General Council 

andlor Executive Committee, from delegating the authority to conduct Gaming to one or 

more tribal commissions or corporations, so long as the tribal Gaming Enterprise(s) to 

which such authority is delegated agree(s) to meet all criteria and requirements established 

under this Ordinance. 
SECTION 17. EEAl OF PRIOR ORDNANCE: EIWCTI''vE 

This Ordinanci and the regulations promulgated thereunder shall constitute the 

tnrire gaming rtgulnribns of the Tribe. AIl prior gaming acts and ordinances of the Tribe 

are repealed, and this Ordinsncs shall btcomc effective upon its approval by the NIGC. 

SECTION 18 -1LITY. 

lf'my provision or application of this Ordinance is determined by rcvicw to be 

invatd. such detmnhtion shall not be held to rcndu such provision inapplicable to other 

, persons or circumstances, nor shall such determination render invalid any other provision 

of this Ordinance. 

AU provisions of this Ordinance are subject to revision, repeal, or amendment, by 

the General Council at any time. Regulations promulgated by the Gaming Commission 

under this Ordinance are subject to revision, teped, or amendment by the Gend Council 

or Executive Committee at any time. 

SECTION 20. OSERVED. 

Nothing in this Ordinance is intended, or shall be consrmed, as a waiver of the 

sovereign immunity of the Tni. No manager, officer, Commissioner, employee of the 

Gaming, Commission, employa of the Gaming FacilityEnterprise, or cmployee/official of 

the Tribe, shall be authorized to waive the immunity of the Tribe without express winen 

consent of the Executive Conminet. 

We. the undersigned duly elected oficials of the Cahto Tribe, Laytonville 

Ranchexist, do hereby ct&ify that the amendment to the Ordinance was adopted on 

,2000 by Thirty per-cent (30%) of the eligible voting 

mehbers of the ~bto Tribe. 

/- 5-.- cc L 

Genevieve Campbell Date 

Tribal Chairperson 

Cahto Tribe, Laytonville Rancheria 

Cahto Tribe, Laytonville Rancheria 

Date 

as. 

RECEIVED TIMEJAN, 6. 9: 05AM