Thane V. Baty 

chairman 

Auberry Big Sandy Band of Indians 

P.O. Box 377 

Auberry, CA 93602 

Dear Chairman Baty: 

- FILEC 

JUN ' 

This letter responds to your request to review and approve 

the gam~ng regulations and ordinance, Resolution No. 95-13 and 

No. 95-14, adopted on May 1, 1995, by the Auberry Big Sandy Band 

of Indians (Tribe). This letter constitutes such approval under 

the Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian 

Gaming Commission (NIGC), the Chairman is directed to review 

ordinances with respect to the requirements of the IGRA and the 

implementing regulations. Thus, the scope of the Chairman's 

review and approval is limited to the requirements of the IGRA 

and the NIGC regulations. Provisions other than those required 

under the IGRA or the NIGC regulations that may be included in a 

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

such approval does not constitute approval of specific games. It 

is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming 

ordinance, the Tribe 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. § 556.5(a) and an investigative report on each 

background investigation before issuing a license to a key 

employee or primary management official pursuant to 25 C.F.R. 

S 556.5 (b) . 

Thank you for submitting the regulations and ordinance of 

the Auberry Big Sandy Band of Indians for review and approval. 

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

Tribe in implementing the IGRA. 

Sincerely yours, 

Chairman 
AUBERRY BIG BANDY BAND OF INDIANS 

AUBERRY, FREBNO COUNTY, CALIFORNIA 

CLASS I1 GAMING REGULATIONS 

I. GAMING PREVIOUSLY AUTHORIZED. 

The Tribal Council, having previously authorized Class I1 

Gaming in Resolution No. 95- / f , dated h49rJ1 , 1995, 

hereby adopts the procedures included in this Resolution No. 

?SU- 13 , dated , 1995, as related to Class I1 

Gaming on Big 

11. DEFINITIONS. 

Definition Construction 

Unless a different meaning is clearly indicated, the 

terms used in this Class I1 Gaming Regulation shall 

have the same meanings as defined in the following 

documents: 1) the Indian Gaming Regulatory Act, Public 

Law 100-497, 25 U.S.C. Section 2701, et sea.; 2) the 

regulations promulgated by the National Indian Gaming 

Commission at 25 C.F.R. Sections 502.1 et sea.; 3) the 

adopted by the Tribal Council on , 1995; and 4) as further set forth below. 

Administrative Director or Administrator 

The Administrative Director of the Board. 

C. Board 

The Auberry Big Sandy Band of Indians' Gaming Board. 

D. Board Member 

One of the members of the Board. 

E. Gamins Establishment 

Any premises where gaming, other than Class I Gaming, 

is operated or conducted, including all buildings, 

improvements, equipment and facilities used or 

maintained in connection with such gaming. 

F. Gamins Ordinance 

The Auberry Big Sandy Band of Indians Class I1 Gaming 
Ordinance, datedqil@? , , 1995 and encompassed in 

Resolution No. authorizing Class I1 Gaming 

on the Big Sandy Indian Lands. 

G. Gamins Reaulation 

This Regulation of the Tribal Council found in 

Resolution No. qs-/3 dated 49 / , 1995, 

promulgated under the Gaming Ordinance. 

H. Licensee 

Any person who has been issued a valid and current 

license pursuant to the provisions of the Gaming 

Ordinance and the Gaming Regulation. 

I. Patron 

Any person or group of persons on Big Sandy Indian 

Lands who participate as players in games, or who are 

physically present on premises wherein and whereon such 

games are played. 

J. Workina Days 

Every day except Saturdays, Sundays and days recognized 

by the Tribe as holidays. 

111. PROCEDURES FOR CONDUCTING BACKGROUND INVESTIGATIONS. 

A. Res~onsibilitv for Investisations. 

The Tribe, through its tribally appointed 

Administrator, shall be responsible for ensuring that 

background investigations and suitability 

determinations are conducted concerning all Key 

Employees and Primary Management Officials of its 

Gaming Establishment, as required by 25 C.F.R. Section 

522.2 (b) . 

B. Conduct of the Backaround Investicrations. 

The Tribe designates its Administrator to conduct said 

background investigations. 

C. Procedures for the Backsround Investisations. 

In order to provide a basis for the Tribe to make a 

finding concerning the eligibility for employment in a 

gaming operation, said background investigations shall 

include the following: 
1. Verification by written or oral communication of 

the information submitted by the applicant; 

2. An inquiry into the applicant's prior activities, 

criminal record, if any, and reputation, habits 

and associations; 

3. Interviews with a sufficient number of people such 

as former employers, personal references, and 

others with sufficient knowledge of said 

applicant; 

4. Documentation setting forth the disposition of all 

potential problem areas and disqualifying 

information which is obtained; and 

5. The obtaining and process.ing of fingerprints from 

each applicant. The Tribe designates the Fresno 

County Sheriff's Office to obtain and process said 

fingerprinting. 

D. Reports Reqardinq the Backqround Investiqations. 

Reports regarding all background investigations shall 

be reviewed and approved by the Board. Said reports 

shall set forth the following: 

1. The steps taken in conducting the background 

investigations; 

2. The results obtained; 

3. The conclusions reached; and 

4. The bases for those conclusions. 

E. Submission of Reports to Commission. 

The ~dministrator shall be responsible for submitting 

the reports referred to above to the National Indian 

Gaming Commission. 

IV. PROCEDURES TO ISSUE TRIBAL LICENSES TO PRIMARY MANAGEMENT 

OFFICIALS AND KEY EMPLOYEES. 

A. Licensinq -- General. 

1. Licensing authority for Class I1 Gaming is within 

the authority of the Tribe. 

2. Any person seeking to conduct, operate or manage 
any Class I1 gaming operation on Big Sandy Indian 

Lands shall apply for and receive all the required 

licenses from the Board prior to engaging in such 

gaming operations. 

3. The Board shall consult with appropriate law 

enforcement officials, including the Federal 

Bureau of Investigation, concerning any gaming 

licenses it may issue. 

B. Licensinq Procedure. 

1. After submission of the investigatory report to 

the Commission, as required by the Gaming 

Ordinance and this Gaming Regulation, the Tribe 

shall allow a 30-day period in which to receive 

notice from the Commission regarding the 

Commission's views on the issuance of a license to 

an applicant. 

2. The Administrator shall respond to any requests 

for additional information on an applicant made by 

the Commission. 

3. The Administrator shall notify the Board of the 

views of the Commission. Specifically, the 

Administrator shall notify the Board if the 

Commission has no objection to the issuance of a 

license and provide the Board with any itemized 

objections submitted by the Commission. 

4. The Board shall have the power and authority to 

approve or deny any application for a license, to 

limit, condition, suspend, restrict, revoke or' 

reinstate any license, and to impose a reasonable 

fine upon any person licensed, for any cause 

deemed reasonable by the Board. 

a. In making any such licensing determinations, 

the Board shall consider the views of the 

Commission, including any itemized 

objections. 

b. Any Board vote in approving, disapproving, 

revoking, reinstating, suspending, limiting, 

restricting or conditioning a license under 

the Tribe's Gaming Ordinance shall be by 

secret ballot only; provided that in an 

emergency, a secret phone vote may be polled 

pursuant to regulations adopted by the Board. 

c. The Board shall notify the Administrator of 
its licensing decision. 

5. The Administrator shall notify the applicant, in 

writing, of the Board's licensing decision. 

6. If, after the issuance of a license, the Board 

receives from the Commission reliable information 

indicating that a Key Employee or a Primary 

Management Official is not eligible for employment 

pursuant to Section VIIIC of the Gaming Ordinance, 

the Board shall suspend the license and notify the 

Administrator. 

a. The Administrator shall notify, in writing, 

the Licensee of the suspension and proposed 

revocation and of a time and place for a 

hearing on the proposed revocation of the 

license. 

b. The hearing shall be conducted in accordance 

with the grievance procedures set forth in 

Section IVC hereof. 

C. Grievance Procedure for Licensee. 

1. A right to a hearing shall vest only upon receipt 

of a license duly granted by the Board under the 

Gaming Ordinance and this Gaming Regulation. 

2. The Board shall hold a hearing at the time and 

place specified in the notice to the Licensee. At 

the hearing, the Licensee shall have the 

opportunity to present his or her case. The 

burden shall be on the Licensee to show cause why 

the Board's determination was incorrect. 

3. Board Findings. Following such a hearing, the 

Board shall, reach a determination concerning: 

a. The accuracy of the initial facts underlying 

the determination to suspend a license; and 

b. Whether the license in question should be 

revoked or reinstated. 

4. Notification of Board Decision. The Administrator 

shall inform the Licensee in writing of that 

determination. 

5. The Licensee shall have a right to appeal the 

determination of the Board to the Tribal Council. 

Such appeal must be filed with the Tribal Council 
in written form on or before the tenth working day 

following receipt of the written determination of 

the Board. A determination of such appeal by the 

Tribal Council shall be final, and no further 

action may be had. 

D. Notices to Commission 

The Administrator shall provide the following notices 

to the Commission, where applicable: 

1. Notice of any decision to grant a license and date 

for issuance; 

2. Notice of any decision to deny a license; and 

3. Notice of any decision to reinstate or revoke a 

suspended license. 

V. PROCEDURES FOR RESOLVING DISPUTES BETWEEN PATRONS AND THE 

TRIBE. 

Where a dispute arises between a Patron and the Tribe, the 

following procedures shall apply: 

A. Informal Resolution. 

The entity (which may be the Tribe) managing a Gaming 

Establishment shall try to resolve on an informal basis any 

complaints made by Patrons relating to the Gaming 

Establishment or gaming. Any resolution of the dispute 

shall be reported to the Tribal council. 

B. Formal Resolution. 

If the complaint cannot be resolved informally, as provided 

for above, the entity managing the Gaming Establishment 

shall notify the Patron that the Patron has a right to 

present his or her complaint to the Tribal Council whose 

decision shall be final. 

VI. AGENT FOR SERVICE OF PROCESS. 

The Tribe hereby authorizes the Chairman of the Tribal 

Council to receive service of process, as the Tribe's 

authorized agent, at the following address: Chairman of the 

Tribal Council, Big Sandy Rancheria, P.O. Box 337, Auberry, 

California 93602. 
VII. PROCEDURES FOR CONDUCTING A CRIMINAL HISTORY CHECK. 

A. Finserprintinq. 

The Fresno County Sheriff's Office, upon request by the 

Tribe, shall fingerprint any and all applicants for a 

licensed position with the gaming operation-as required 

by the Gaming Ordinance or this Gaming Regulation. 

B. Criminal History Check. 

1. Fresno County Sheriff's Office. When asked to 

conduct a criminal history check by the Tribe, 

Fresno County Sheriff's Office shall follow its 

existing in-house protocol for performing a 

criminal history check and then prepare a written 

report, addressed to the.Tribe, regarding any 

information which may impact the Tribe's decision 

to license or not license an applicant. 

2. Federal Bureau of Investigation. A criminal 

history check shall include a check of criminal 

history record information maintained by the 

Federal Bureau of Investigation. 

CERTIFICATION 

The foregoing resolution was adopted by a vote of A- for, 

and 2 against, and -0- abstentions, at a duly called meetinq.of 

the Tribal Council, at which a quorum was present, on this 1 / - 
AUBERRY BIG SANDY BAND OF INDIANS 

AUBERRY? FRESNO COUNTYf CALIFORNIA 

CLASS I1 GAMING ORDINANCE 

, 1995 

ION NO. ?~'-/q 

I. PURPOSE. 

The Tribal Council, empowered by the Constitution of the 

Auberry Big Sandy Band of Indians to enact ordinances, 

hereby enacts this Class I1 ~aming Ordinance in order to set 

the terms for Class I1 gaming operations on Big Sandy Indian 

Lands. 

11. GAMING AUTHORIZED. 

All forms of Class I1 gaming, as defined in the Indian 

Gaming Regulatory Act, P.L. 100-497, 25 U.S.C. Section 

2703(7)(A) and by the regulations promulgated by the 

National Indian Gaming Commission at 25 C.F.R. Section 502.3 

(as published in the Federal Register at 57 F.R. 12382- 

12393, April 9, 1992) are hereby authorized on Big Sandy 

Indian Lands, including but not limited to, bingo, pulltabs, 

and non-banking card games. 

111. DEFINITIONS. 

A. Unless a different meaning is clearly indicated, the 

terms used in this Gaming Ordinance shall have the same 

meanings defined in the Indian Gaming Regulatory Act, 

Public Law 100-497, 25 U.S.C. Section 2701, et sea., 

and in the regulations promulgated by the National 

Indian Gaming Commission at 25 C.F.R. Sections 502.1, 

et ses., and as further set forth below. 

B. Biq Sandy Indian Lands 

1. All lands within the limits of the Big Sandy 

Rancheria; and 

2. Any lands title to which is either held in trust 

by the United States for the benefit of the 

Auberry Big Sandy Band of Indians or an individual 

member of the Tribe or held by the Auberry Big 

Sandy Band of Indians or an individual member of 

the Tribe subject to restriction by the United 

States against alienation and over which the 

Auberry Big Sandy Band of Indians exercises 

governmental power. 
C. Bis Sandy Rancheria 

All those lands as shown on the map of Fresno County 

Tract No. 2060, recorded at pages 89, 90 and 91 in 

volume 22 of plats, Fresno County Records and other 

lands hereafter acquired by the Tribe as part of its 

rancheria in accordance with the Tribe's Constitution 

and the IGRA. 

Indian Tribe or Tribe 

The Auberry Big Sandy Band of Indians located in 

Auberry, Fresno County, California. 

E. Key Employee 

1. A person who performs one or more of the following 

functions: 

a. Bingo caller; 

b. Counting room supervisor; 

c. Chief of security; 

d. Custodian of gaming supplies or cash; 

e. Floor manager; 

f. Pit boss; 

g. Dealer; 

h. Croupier; 

i. Approver of credit; or 

j. Custodian of gambling devices, including 

persons with access to cash and accounting 

records within such devices; 

2. If not otherwise included, any other person whose 

total cash compensation is in excess of $50,000.00 

(Fifty-Thousand Dollars) per year; or 

3. If not otherwise included, the four most highly 

compensated persons in the gaming operation. 

F. Person 

Any association, partnership, corporation, firm, trust 

or other form of business association as well as a 

natural person. 

G. Primary Manaqement Official 

1. The person having management responsibility for a 

management contract; 

2. Any person who has authority: 

a. To hire and fire employees; or 
b. To set up working policy for the gaming 

operation; or 

3. The chief financial officer or other person who 

has financial management responsibility. 

H. State 

The State of California. 

I. Tribal Council 

The Tribal Council of the Auberry Big Sandy Band of 

Indians. 

IV. OWNERSHIP OF GAMING. 

The Tribe shall have and maintain the sole proprietary 

interest in and responsibility for the conduct of any Class 

I1 gaming activities authorized by this Ordinance. 

V. USE OF GAMING REVENUE. 

If the Tribe elects to make per capita payments to tribal 

members, it shall authorize such payments only upon approval 

of a plan submitted to the Secretary of the Interior under 

25 U.S.C. Section 2710(b)(3). Otherwise, the Tribe shall 

use net revenues from Class I1 gaming only for one or more 

of the following purposes: 

A. Fund tribal government operations or programs; 

B. Provide for the general welfare of the Tribe and its 

members ; 

C. Promote tribal economic development; 

D. Donate to charitable organizations; or 

E. Help fund operations of local government agencies. 

VI. AUDIT. 

A. Tribal Res~onsibilitv for Gamins Operation Audits. 

The Tribe shall cause to be conducted independent audits of 

gaming operations annually and shall submit the results of 

the audits to the Commission. 

Contract Audit. 
All gaming related contracts that result in purchases of 

supplies, services, or concessions for more than $25,000 in 

any year (except contracts for professional legal or 

accounting services) shall be specifically included within 

the scope of the audit conducted under subsection A above. 

VII. PROTECTION OF THE ENVIRONMENT AND PUBLIC HEALTH AND SAFETY. 

Class I1 gaming facilities shall be constructed, maintained 

and operated in a manner that adequately protects the 

environment and the public health and safety. 

VIII. GAMING LICENSES FOR KEY EMPLOYEES AND PRIMARY 

MANAGEMENT OFFICIALS. 

The Tribe shall ensure that the policies and procedures set 

out in this Section VIII of this ~aming Ordinance are 

implemented with respect to Key Employees and Primary 

Management officials employed at any Class I1 gaming 

enterprise operated on Big Sandy Indian Lands: 

I1Privacv Act" and I1False StatementsI1 Notices on 

Application Forms. 

1. Privacy Act Notice. The Tribe shall place the 

following notice on each application form for a 

Key Employee or Primary Management Official before 

that form is filled out by an applicant: 

"In compliance with the Privacy Act of 1974, the 

following information is provided: Solicitation 

of the information on this form is authorized by 

25 U.S.C. Section 2701 et seq. The purpose of the 

requested information is to determine the 

eligibility of individuals to be employed in a 

gaming operation. The information will be used by 

National Indian Gaming Commission members and 

staff who have need for the information in the 

performance of their official duties. The 

information may be disclosed to appropriate 

Federal, Tribal, State, local or foreign law 

enforcement and regulatory agencies when relevant 

to civil, criminal or regulatory investigations or 

prosecutions or when pursuant to a requirement by 

the Auberry Big Sandy Band of Indians or the 

National Indian Gaming Commission in connection 

with the hiring or firing of an employee, the 

issuance or revocation of a gaming license, or 

investigations of activities while associated with 

the Auberry Big Sandy Band of Indians or a gaming 

operation. Failure to consent to the disclosures 

indicated in this notice will result in the 
Auberry Big Sandy Band of Indian's being unable to 

hire in a primary management official or key 

employee position. 

The disclosure of your Social Security Number is 

voluntary. However, a failure to supply a Social 

Security Number may result in error in processing 

your application. 

2. False Statement Notice. The Tribe shall place the 

following notice on each application form for a 

Key Employee or Primary Management Official before 

that form is filled out by an applicant: 

"A false statement on any part of your application 

may be grounds for not hiring you, or for firing 

you after you begin work. Also, you may be 

punished by fine or imprisonment. (18 U.S. Code, 

title 18, section 1001) .I1 

3. The Tribe shall notify in writing existing Key 

Employees and Primary Management officials that 

they shall either, where applicable: 

a. Complete a new application form that contains 

a Privacy Act notice; 

b. Complete a new application form that contains 

a notice regarding false statements; 

c. Sign a statement that contains the Privacy 

Act notice and consent to the routine uses 

described in that notice; or 

d. Sign a statement that contains the notice 

regarding false statements. 

Backqround Investiqations. 

1. The Tribe shall request the following information 

from each Key Employee and Primary Management 

Official : 

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: 

business and employment positions held, 

ownership interests in those businesses, 

business and residence addresses, and 
driverls license numbers; 

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 subparagraph b above; 

Current business and residence telephone 

numbers ; 

Description of any existing and previous 

business relationships with Indian tribes, 

including ownership interests in those 

business ; 

Description of any existing and previous 

business relationships with the gaming 

industry generally, including ownership 

interests in those business; 

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; 

For each felony for which there is an ongoing 

prosecution or a conviction, the charge, the 

name and address of the court involved, and 

the date and disposition of any; 

For each misdemeanor conviction or ongoing 

misdemeanor prosecution (excluding minor 

traffic violations) within 10 years of the 

date of the application, the name and address 

of the court involved and the date and 

disposition; 

For each criminal charge (excluding minor 

traffic charges) whether or not there is a 

conviction, if such criminal charge is within 

10 years of the date of the application and 

is not otherwise listed pursuant to 

subparagraphs h and i above, the criminal 

charge, the name and address of the court 

involved and the date and disposition; 

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; 

1. A photograph; 

m. Any other information the Tribe deems 

relevant; and 

n. Fingerprints consistent with procedures 

adopted by the Tribe according to 25 C.F.R. 

Section 522.2 (h) . 

2. The Tribe shall conduct a background investigation 

for each Key Employee and each Primary Management 

Official of a gaming operation sufficient to make 

a determination under Section VIIIC of this Gaming 

Ordinance. 

3. In conducting a background investigation, the 

Tribe or its agents shall promise to keep 

confidential the identity of each person 

interviewed in the course of the investigation. 

C. Eliqibilitv Determination. 

1. The ~dministrative Director shall 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 Primary Management Official for 

employment in a gaming operation. 

2. If the Auberry Big Sandy Indian Gaming Board 

determines that employment of the person poses a 

threat to the public interest or to the effective 

regulation of gaming, or creates or enhances 

dangers of unsuitable, unfair, or illegal 

practices and methods and activities in the 

conduct of gaming, a tribal gaming operation shall 

not employ that person in a Key Employee or 

Primary Management Official position. 

3. 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 with respect to 

the required information for that person's 

background investigation under subsection A above. 

D. Procedures for Forwardins Applications and Reports for 

Key Employees and Primary Manaqement Officials to the 

Commission. 
1. When a Primary Management Official or a Key 

Employee begins work at a gaming operation 

authorized by this Gaming Ordinance, the Tribe 

shall forward to the Commission a completed 

employment application containing the information 

listed in Section VIIIR of this Gaming Ordinance 

and conduct the background investigation and make 

the determination referred to in Section VIIIC of 

this Gaming Ordinance. 

2. The Tribe shall forward the report referred to in 

Section VIIIE of this Gaming Ordinance to the 

Commission within 60 days after an employee begins 

work or within 60 days of the approval of this 

ordinance by the Chairman of the Commission. 

3. The Gaming Operation shall not employ as a Key 

Employee or Primary Management Official a person 

who does not have a license after 90 days. 

Report to the Commission. 

1. Pursuant to the procedures set out in Section 

VIIID of this Gaming Ordinance, the Tribe shall 

prepare and forward to the Commission an 

investigative report on each background 

investigation. An investigative report shall 

include all of the following: 

a. Steps taken in conducting a background 

investigation; 

b. Results obtained; 

c. Conclusions reached; and 

d. Bases for such conclusions. 

2. When the Tribe forwards its report to the 

Commission it shall include a copy of the 

eligibility determination made under Section VIIIC 

of this Gaming Ordinance. 

3. If the Tribe does not license the applicant, the 

Tribe: 

a. shall notify the Commission; and 

b. may forward copies of its eligibility 

determination under Section VIIIC of this 

Gaming Ordinance and investigative report (if 

any) under Section VIIIEl of this Gaming 
Ordinance to the Commission for inclusion in 

the Indian Gaming Individuals Record System. 

4. With respect to Key Employees and Primary 

Management Officials, the Tribe shall retain 

applications for employment and reports (if any) 

of background investigations for inspection by the 

Chairman of the Commission or his or her designee 

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

termination of employment. 

F. Grantinq a License to a Key Employee or Primary 

Manasement Official. 

If, within the 30-day period after the Commission 

receives a report, 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 an application and 

investigative report to the Commission, the Tribe 

may go forward and issue a license to such 

applicant. 

2. The Tribe shall respond to a request for 

additional information from the Chairman of the 

Commission concerning a Key Employee or a Primary 

Management Official who is the subject of a 

report. Such a request shall suspend the 30-day 

period under Section VIIIFl of this Gaming 

Ordinance until the Chairman of the Commission 

receives the additional information. 

3. If, within the 30-day period described 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 an 

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. 

G. License Suspension. 

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

Tribe receives from the Commission reliable 

information indicating that a Key Employee or a 

Primary Management Official is not eligible for 

employment under Section VIIIC of this Gaming 
Ordinance, the Tribe shall suspend such license 

and shall notify in writing the Licensee of the 

suspension and the proposed revocation. 

2. The Tribe shall notify the Licensee of a time and 

a place for a hearing on the proposed revocation 

of a license. 

3. After a revocation hearing, the Tribe shall decide 

to revoke or to reinstate a gaming license. The 

Tribe shall notify the Commission of its decision. 

IX. SEPARATE LICENSE REQUIREMENT FOR EACH CLASS I1 GAMING 

LOCATION. 

The Tribe shall issue a separate license to each place, 

facility, or location on Big Sandy Indian Lands where Class 

I1 gaming is conducted under this Gaming Ordinance. 

X. ADMINISTRATION 

A. Requlations. 

The ~ribal Council is hereby authorized to promulgate and 

enforce regulations to implement this Gaming Ordinance. All 

regulations authorized hereunder shall be promulgated and 

enforced in conformity with the procedures established for 

promulgating and enforcing ordinances as set forth in the 

Constitution of the Auberry Big Sandy Band of Indians. 

B. Board. 

1. The Tribal Council hereby establishes the Auberry 

Big Sandy Band of Indians Gaming Board. The 

Tribal Council shall select the members of the 

Board. 

2. The Board shall have an Administrative Director 

selected by the Tribal Council. 

XI. IGRA COMPLIANCE 

The ~ribe shall ensure enforcement of rules and regulations 

for all games played to ensure that they conform to the 

Indian Gaming Regulatory Act, and such rules and regulations 

shall be designed to promote and ensure the integrity, 

security, honesty and fairness of the operation and 

administration of all Class I1 ~aming Establishments. 
XII. REPEAL. 

To the extent that they are inconsistent with this 

ordinance, all prior gaming ordinances are hereby repealed. 

CERTIFICATION 

The foregoing resolution was adopted by a vote of for, 

and against, and abstentions, at a duly called meetinq,:of 

the Tribal Council, at which a quorum was present, on this 

day of +I 

1995. 

Chairtax of the ibal Council