Tribes’ Accounting office. The fees shall be reasonable and commensurate with the job
position. The TGC may, with Council approval, set a licensing fee for a facility license in an
amount not to exceed the TGC’s annual budget that is to be paid in monthly installments.
The TGC may, with Council approval, use other application license fees collected to upgrade
TGC equipment or supplement TGC operations. The TGC may, with Council approval,
reimburse employee application and license fees to employees that remain employed with
licenses in good standing for a period not less than six months.

200 Section 10 Background Investigations. No license shall be granted to any person or
entity who has been determined to be a person or entity whose prior activities, criminal
record, if any, and associations pose a threat to the public interest or to the effective
regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or
illegal practices, methods, and activities in the conduct of gaming or the carrying on of the
business and financial arrangements incidental thereto. The background investigation shall
be at least as stringent as the regulations of the NIGC published as 25 CFR § 556 in the
Federal Register, Volume 58, no. 13, on Friday January 22, 1993 and any amendment to
those regulations.

200 Section 11 Failure of Applicant to Disclose Material Information. An applicant for
licensing shall make true and full disclosure of all information to the TGC as necessary or
appropriate in the public interest or as required in carrying out the policies of this Tribe
relating to licensing and control of the gaming industry. It is the duty of the applicant to
disclose all information material to whether his involvement with gaming would jeopardize
or compromise the Tribal interest, whether or not the applicant has been specifically
requested to provide that information. It shall constitute a violation of this Code to fail to
disclose, to mislead or to misstate any such material information to the TGC, or to any
licensee’s employer.

200 Section 12 Temporary Licenses. The TGC may issue a temporary employment license
to any person or entity that has applied for a license to work in a licensed gaming
establishment. A temporary license may not be issued until after the individual’s or entity’s
application has been submitted and an initial determination of suitability has been made
based upon the information provided in the application and other information known to the
TGC at the time.

200 Section 13 Parameters of Licensee. Violation of any provision of this Code or any of
the TGC’s regulations by a licensee, his agent, or employee shall be deemed contrary to the
public health, safety, morals, good order and general welfare of the Shoshone-Bannock Tribe
or its members, and shall be deemed grounds for refusing to grant or renew a license,
suspension or revocation of a license, or shall constitute grounds for the filing of charges by
the TGC. Acceptance of a gaming license or renewal thereof, or condition imposed thereon,
by a licensee, constitutes an agreement on the part of the licensee to be bound by all the
regulations and conditions of the TGC and by the provisions of this Code as the same are
now, or may hereafter be amended or promulgated, and to cooperate fully with the TGC. It is
the responsibility of the licensee keep informed of the contents of all such regulations,

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 18 of 32


CUSTOMER CONCERN FORM

CUSTOMER
NAME: DATE:
ADDRESS: PHONE:

DEPARTMENT INVOLVED

CONCERN/COMPLAINT:

CORRECTIVE ACTION
TAKEN:

CUSTOMER WAS: SATISFIED DISSATISFIED

EMPLOYEE INVOLVED (IF NECESSARY):

SECURITY MANAGER/SUPERVISOR INVOLVED:
DEPARTMENT MANAGER/SUPERVISOR
INVOLVED:

SIGNATURE OF CUSTOMER:



100 Section 14 TGC Findings. Following such hearing, the TGC shall, within seven (7)
weekdays, reach a determination concerning:
(a) the accuracy of the preliminary certification of facts, and
(b) whether the license in question should be granted, denied, continued, suspended,
revoked, conditioned, or limited, and
(c) whether or not any other action recommended to the TGC including, but not
limited to, forfeitures, should be taken.

100 Section 15 Notification of TGC Decision. Within five (5) weekdays following this
determination the TGC shall inform the subject in writing of that determination.

100 Section 16 Selection of and Duties of the Executive Director. The Council shall hire
an Executive Director to be responsible for the day-to-day functions of the TGC. The
position shall be a full-time position. The Executive Director serves at the direction of the
Council and may be removed ‘for cause” notwithstanding any policies, procedures or
ordinances that may otherwise be in effect. The TGC may recommend the removal of the
Executive Director. The TGC Chairman or a TGC Commissioner may serve in the position
as Executive Director. The Executive Director shall perform all duties, exercise all powers,
assume and discharge all responsibilities, and carry out and affect all purposes of this Code
relating to the day-to-day activities of the TGC. In all decisions, the Executive Director shall
act to promote and ensure integrity, security, honesty, and fairness of the operation and
administration of all gaming activity. The Executive Director’s duties shall include but not
be limited to the following:

a) Negotiate contracts for payments by the TGC for the provision of security and other
professional services.

b) Correspond with the NIGC and whatever is necessary to complete compliance with
lawfully promulgated rules and regulations of that Agency.

c) Assure that all gaming activity is conducted in a manner which adequately protects
the environment and the public health and safety;

d) Prescribe an adequate system that ensures that background investigations are
conducted on all primary management officials and key employees of any Gaming
establishment and that oversight of such officials and their management is conducted
on an ongoing basis. The Executive Director will recommend to the TGC, which shall
have final authority, on the granting of gaming licenses. The Executive Director shall
immediately notify the NIGC of the issuance of licenses for primary management
officials and key employees. The Executive Director will review for recommendation
to the TGC all applications and background investigations completed by Vendor and
Employee Licensing staff to ensure that no person shall be eligible for employment in
or with any part of the gaming operation if that person’s prior activities, criminal
record, if any, or reputation, habits and associations pose a threat to the public interest
or to the effective regulation of gaming, or create or enhance the dangers of
unsuitable, unfair, or illegal practices and methods and activities in the conduct of
gaming. The Executive Director shall notify the NIGC of the results of such
background checks;

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 12 of 32


E. Procedures for Forwarding Applications and Reports for Key Employees and
Primary Management Officials to the National Indian Gaming Commission.

1. When a key employee or primary management official begins work at a gaming
operation authorized by this ordinance, the Tribe, through the TGC Licensing staff
and Executive Director, shall forward to the NIGC a completed application for
employment and conduct the background investigation and make the determination
referred to in subsection D of this section.

2. The Tribe, through the Executive Director shall forward the report referred to in
subsection F of this section to the NIGC within 60 days after an employee begins
work or within 60 days of the approval of this ordinance by the NIGC Chairman.

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.

F. Report to the National Indian Gaming Commission

1. Pursuant to the procedures set out in subsection E of this section, the Tribe, through
the TGC Licensing staff and Executive Director shall prepare and forward to the
NIGC an investigative report on each background investigation. An investigative
report shall include all of the following:

a. Steps taken in conducting a background investigation;

b. Results obtained;

c. Conclusions reached; and

d. The bases for those conclusions.
2. The Tribe through TGC Licensing staff and Executive Director shall submit, with
the report, a copy of the eligibility determination made under subsection D of this
section.
3. If a license is not issued to an applicant, the Tribe through TGC and Executive
Director:

a. shall notify the NIGC; and

b. May forward copies of its eligibility determination and investigative report

(if any) to the NIGC for inclusion in the Indian Gaming Individuals Records

System.
4. 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 NIGC Chairman or his or her designee for no less than three (3)
years from the date of termination of employment.

G. Granting a Gaming License.

1. If, within a thirty (30) day period after the NIGC receives a report, the National
Indian Gaming Commission notifies the tribe, through the Executive Director, 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 NIGC, the Tribe may issue a license to
such applicant.

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 22 of 32


(c) Nonbanking card games that:

(1) State law explicitly authorizes, or does not explicitly prohibit, and are
played legally anywhere in the state; and

(2) Players play in conformity with state laws and regulations concerning
hours, periods of operation, and limitations on wagers and pot sizes;

(d) Card games played in the states of Michigan, North Dakota, South Dakota, or
Washington if:

(1) An Indian tribe actually operates the same card games as played on or
before May 1, 1988, as determined by the NIGC Chairman; and

(2) The pot and wager limits remain the same as on or before May 1,
1988, as determined by the NIGC Chairman;

(e) Individually owned class II gaming operations --
(1) That were operating on September 1, 1986;
(2) That meet the requirements of 25 U.S.C. 2710(b)(4)(B);

(3) Where the nature and scope of the game remains as it was on October
17, 1988; and

(4) Where the ownership interest or interests are the same as on October
17, 1988.
3.05 “Class III Gaming” means all forms of gaming that are not Class I
gaming or Class II gaming
, including but not limited to:

(a) Any house banking game, including but not limited to --

(1) Card games such as baccarat, chemin de fer, blackjack (21), and pai
gow (if played as house banking games);

(2) Casino games such as roulette, craps, and keno;

(b) Any slot machines as defined in 15 U.S.C. 1171(a)(1) and electronic or
electromechanical facsimiles of any game of chance;

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 3 of 32


SHOSHONE BANNOCK TRIBES
GAMING COMMISSION (SBGC)

PATRON DISPUTE PROCEDURES

RULES IMPLEMENTING PROCEDURES FOR RESOLVING DISPUTES BETWEEN
THE GAMING PUBLIC AND THE SHOSHONE BANNOCK TRIBES GAMING

The Shoshone Bannock Tribes Gaming Commission hereby establishes and implements the
following rules implementing procedures for the resolution of disputes between the gaming public
and tribal gaming operations, in accordance with the Shoshone Bannock Tribes Class II and Class
III Gaming Code.

001 Reference to Security Shift Manager/Supervisor and/or
Gaming Department Manager/Supervisor

When a patron brings a dispute to an employee, the employee shall refer the patron to the Security
Shift Manager/Supervisor and/or the highest level Manager/Supervisor on duty for the
Department involved in the dispute. The Security Shift Manager/Supervisor and/or the
Department Manager/Supervisor shall make all reasonable efforts to resolve promptly, the
dispute to the satisfaction of the patron.

002 Provide Patron With Notice of Procedures

If the patron is not satisfied with the decisions of the Security Shift Manager/Supervisor and/or
Department Manager/Supervisor, the patron shall be provided with a written “Customer
Concern Form” a copy of which is attached. Further, the Customer shall be provided a card that is
2.5” x 3.5” which states:

Any customer may request a determination of a dispute involving the conduct of a gaming
or and other matter involving gaming on Indian lands of the Shoshone Bannock Tribes by
submitting in writing, the details of your dispute to the Casino General Manager. If the
determination is still not satisfactory after review and action taken by the Casino General
Manager, a written statement of the dispute may be forwarded to Shoshone Bannock Tribes
Gaming Commission Executive Director at the address below:

Executive Director

Shoshone-Bannock Gaming Commission
PO Box 1001

Fort Hall, ID 83201

Please mark your mailing “Gaming Dispute”

The decision of the Shoshone-Bannock Gaming Commission will be final.


amendments, provisions, and conditions, and ignorance thereof will not excuse violations.
The TGC shall use reasonable efforts to notify all licensees of changes in regulations.

200 Section 14 Licensing of Distributors. The TGC may authorize, require and issue such
annual licenses as the TGC by regulation may provide, to any person or entity to engage in
the selling, distributing, or otherwise supplying of gambling equipment or paraphernalia for
use in connection with licensed gaming activity.

200 Section 15 Licensing of Others. The TGC may authorize, require and issue such
annual licenses as the TGC by regulation may provide, to any person or entity that the TGC
deems appropriate, without regard to whether such person or entity otherwise qualifies as a
“primary management official,” “key employee” or distributor.

200 Section 16 Classifications of Licensees. The TGC may promulgate regulations that
create different classes of licenses, such that a lessor or more severe background check may
be applied, or a lessor or more severe standard for suitability may be applied. The variations
in background requirements and suitability standards shall be commensurate with the need to
protect the integrity of the gaming facility.

200 Section 17 Protection of Due Process in Final Licensing Determinations.

The TGC shall not consider information that ordinarily would be excluded from the finder of fact
in a federal court of law. Specifically, the TGC shall not consider criminal charges that have not
resulted in a conviction and shall not consider hearsay evidence unless such hearsay would be
admissible in a federal civil action per the express exceptions provided by the Federal Rules of
Evidence. This provision shall not prevent the TGC from suspending a license based on
pending charges.

SUBCHAPTER 300
LICENSING OF KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICILAS

300 Section 1 - Licenses for Key Employees and Primary Management Officials.

The Tribe, through the Executive Director and TGC Licensing staff, shall ensure that the
policies and procedures set out in this section are implemented with respect to key employees
and primary management officials employed at any Class II or Class III Gaming enterprise
operated on Indian lands:

A. Application Forms.

The following notice shall be placed on the application form for a key employee or a primary
management official before an applicant fills out that form:

In compliance with the Privacy Act of 1974, the following information is provided:
Solicitation of the information on this form is authorized by 25 U.S.C. 2701 et seq.
The purpose of the requested information is to determine the eligibility of individuals

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 19 of 32


F. for grounds and mechanisms for terminating such contract, but actual contract
termination shall not require the approval of the TGC

G. for preference to Tribal members and non-member Indians in hiring of employees
for the gaming establishment.

400 Section 3 Reconsideration at Direction of Fort Hall Business Council. In the event
the TGC determines a contract is not in compliance with Subchapter 400, the TGC shall
immediately communicate its determination to the Fort Hall Business Council. If the Fort
Hall Business Council, by duly authorized resolution, request the TGC to reconsider the
management contract, the TGC shall do so. If after fifteen (15) days of such request for
reconsideration, the TGC has not determined that the management contract is in compliance
with Subchapter 400, the Fort Hall Business Council may challenge the TGC ’s
determination in Tribal Court. The decision of the Tribal Court shall be final.

400 Section 4 Percentage-of-Net-Revenue Fees.

a. The TGC shall not approve a management contract providing for a fee based
upon a percentage of the net revenues of a tribal gaming activity unless such
percentage fee is reasonable in light of surrounding circumstances. Except as
provided in this Section, such fee shall not exceed 30 percent of the net
revenues;

b. The TGC shall not approve a management contract providing for a fee based
upon a percentage of the net revenues of a tribal gaming activity that exceeds
30 percent but not 40 percent of the net revenues unless the National Indian
Gaming Commission and the Fort Hall Business Council are satisfied that the
capital investment required, and income projects, for such tribal gaming
activity require the additional fee, and such contract is otherwise in
compliance with this Gaming Code.

400 Section 5 Contract Disapproval. The TGC shall not approve any contract if it
determines that:
a. Any person listed pursuant to 400 Section 1 (a)(i) who
i. has been or subsequently is convicted of any felony relating to a
gaming offense; or
ii, has knowingly and willfully provided materially important false
statements of information to the TGC or the Tribal officials who
negotiate such contracts or has refused to respond to questions
propounded pursuant to 300 Section 1(b); or
iii. has been determined to be a person whose prior activities, criminal
record if any, or reputation, habits, and associations pose a threat to the
public interest or to the effective regulation and control of gaming, or
create or enhance the dangers of unsuitable, unfair, or illegal practices,
methods, and activities in the conduct of gaming or the carrying on of
the business and financial arrangements incidental thereto;

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 25 of 32


g. The name and address of any licensing or regulatory agency with which the
person has filed an application for a license or permit related to gaming, whether
or not such license or permit was granted;

h. For each felony for which there is an ongoing prosecution or a conviction, the
charge, the name and address of the court involved, and the date and disposition if
any;

i. 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;

j. 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 paragraph (1)(h) or (1)(i) of this
section, the criminal charge, the name and address of the court involved and the
date and disposition;

k. 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 current 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. § 522.2(h). Fingerprints shall be obtained by the Tribal Police Department
in cooperation with TGC Licensing staff and electronically transferred to NIGC.

2. TGC shall conduct a criminal history check including a check of criminal history
records information maintained by the Federal Bureau of Investigation. TGC shall
enter into and abide by a Memorandum Agreement with NIGC to obtain such
information unless TGC is able to obtain the information through other means in a
manner satisfactory to NIGC.

3. The Tribe shall conduct an investigation sufficient to make a determination under
subsection D. below. In conducting a background investigation, the Tribe, and TGC
Licensing staff shall promise to keep confidential the identity of each person
interviewed in the course of the investigation.

Eligibility Determination.

The Tribe, through TGC Licensing staff shall review a person's prior activities,
criminal record (Federal, State and Tribal Courts) 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. If the Tribe
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.

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 21 of 32


003 Actions by Casino General Manager

The Customer Concern Form shall be submitted by customer to the Casino General Manager, who
shall review it and take whatever corrective action he/she deems appropriate, and if reasonably
possible, the Casino General Manager shall notify the customer of the action taken, and record
whether the customer is satisfied or dissatisfied with the decision.

004. Submission to the Shoshone-Bannock Gaming Commission

If the customer is dissatisfied with the decision of the Casino General Manager, a written
statement of dispute may shall be forwarded by the Casino General Manager to the Gaming
Commission (SBGC). The SBGC shall review and if a majority of the Commission believes that
the decision of the Casino General Manager was not reasonable, the Commission shall take
corrective action, as it deems appropriate, so long as such action is otherwise in compliance with
the Shoshone-Bannock Gaming Code. Unless the customer is entitled to or seeks a hearing
pursuant to rule 005, below the decision of the Commission is final.

005 Hearing Available if Customer alleges Deprivation of Winnings

If the customer is not satisfied with the initial decision of the Commission and the customer alleges
that he/she has been deprived of winnings that belong to him or her, the customer may seek a full
hearing before the Gaming Commission and present any facts or arguments he/she wishes to offer
to the Commission. The Casino General Manager shall cooperate in making any relevant tapes,
reports or documents available to the Commission. The Commission may, in its discretion,
determine that such tapes, reports or documents be reviewed. A resulting “Final Determination”
of the Gaming Commission is final and non-appealable.

006 Records of “Customer Concern Forms”

All “Customer Concern Forms” shall be recorded and maintained by the gaming operation for
period not less than three years.

007 Corrective Actions Must Comply with Law

Nothing herein shall be interpreted to enable any gaming employee, or Shoshone Bannock Tribes
Gaming Commission to take any corrective active action that contravenes tribal or federal law.


to this Code shall apply for, and receive, all the required licenses from the TGC prior to
engaging in such gaming activities. Engaging in such gaming activities without first
obtaining the required licenses shall be deemed a violation of this Code and shall be
punishable in accordance with 100 Section 22. This provision shall not preclude the TGC
from entering into consulting contracts for services, the payment of which is fixed and not
determined by a percentage of the net profits from the gaming operation.

200 Section 2 — Authorization of Class I Gaming Activity. The TGC may authorize Class
I Gaming Activity to be played on Indian lands that are within the jurisdiction of the Tribe.

200 Section 3 — Licensing and Regulation of Class II Gaming Activity; Net Revenue
Allocation; Audits; Contracts.

a. A separate license issued by the TGC shall be required for each place, facility, or
location within the Tribes’ jurisdiction at which any Class II Gaming Activity is
conducted.

b. The TGC shall not license and regulate a tribally owned Class II Gaming Activity
unless —

i. such gaming activity is located on Indian lands within the Tribes’
jurisdiction, and the State of Idaho permits such gaming for any
purpose by any person, organization or entity (and such gaming is not
otherwise specifically prohibited on Indian lands by Federal laws); and

ii. net revenues from such Gaming Activity are used in accordance with
100 Section 2 of this Code; and

iii, such gaming activity is subject to annual outside audits, which may be
encompassed within existing independent tribal audit systems, and
provided to the Council, and

iv. the construction and maintenance of the gaming facility, and the
operation of that gaming, is conducted in a manner which adequately
protects the environment and the public health and safety; and

v. all primary management officials and key employees of the Class II
gaming operation have successfully passed a background
investigation, the procedure and scope of which is approved by the
TGC.

200 Section 4 — Licenses for Class If Gaming Owned by a Non-Tribal Entity.

a) The TGC may license and regulate Class II gaming activities owned by any person or
entity other than the Tribe and conducted within the Tribes’ jurisdiction, only if the
requirements described in subparagraph (b) of this Section are met and are conducted
in a manner that is at least as restrictive as the regulations established by Idaho State
law governing similar gaming within its jurisdiction. No person or entity, other than
the Tribe, shall be eligible to receive a license from the TGC to own a Class II
gaming activity conducted within the Tribes’ jurisdiction if such person or entity
would not be eligible to receive a license from the State of Idaho to conduct the same
activity within State jurisdiction.

b) Such licenses are only valid so long as the licensee and the Tribe comply, at a
minimum, with the following provisions

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 16 of 32


The only discretionary decisions per this Gaming Code subject to review by the Tribal Court
are (1) prosecution of unauthorized gaming by an Indian per subchapter 100, section 1, and
(2) TGC disapproval of a management contract over the Council’s objection per subchapter
300, section 3.

SUBCHAPTER 100
ADMINISTRATION AND ENFORCEMENT

100 Section 1 Unauthorized Gaming. Any Indian or person who is otherwise subject to
jurisdiction of the Tribe who commits any act of unauthorized gaming on this reservation or
on any Indian land shall be guilty of a crime and shall be prosecuted in Tribal Court.
Prosecution for such a crime in Tribal Court is not meant to be exclusive; a finding of guilt or
innocence shall not deprive the federal government from criminal jurisdiction, and shall not
deprive the state government from criminal jurisdiction, but only as provided for in a tribal-
state compact. However, it is hereby declared that Class II and authorized Class III gaming,
conducted on this reservation or on any Indian land, that fully complies with the provisions
of this Code shall not be subject to any criminal penalties. Subject to approved Tribal
protocol, the Tribes shall pursue Federal and State authorities to prosecute any non-Indian
who commits an act of unauthorized gaming.

100 Section 2 Ownership — Use of Gaming Revenue to Benefit Tribe. The Tribe shall
have the sole proprietary interest in, and the sole responsibility for the conduct of any Class
II or Class III gaming activity except as authorized in Subchapter 200 Section 4 of this
Gaming Code. Such provision does not, however, limit the Tribes’ ability to enter into a
management contract or a revenue participation agreement wherein net revenues are divided
between the Tribe and other parties to the contract. A gaming establishment shall be
operated so as to produce the maximum amount of net revenues to the Tribe. Net revenues to
the Tribe and will be used, consistent with the federally approved revenue-distribution plan,
solely for the following purposes:

a) to fund tribal government operations and programs;

b) to provide for the general welfare of the Tribe and its members;
¢) to promote tribal economic development;

d) donate to charitable organizations;

e) or help fund operations for local governments;

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. § 2710(b)(3) and (4).

100 Section 3 Establishment of TGC. The Shoshone-Bannock Tribal Gaming Commission
is hereby reaffirmed as an existing subdivision of the Tribe.

A. The TGC in office on the approval date of this Code shall remain in place. Any TGC
Commissioner that is lawfully in office as of the date of approval of these
amendments to this Code is deemed to be a duly appointed TGC Commissioner under

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 8 of 32


interpreted as a waiver of the Tribes’ right to challenge the legality of any such
regulations.

900 Section 2 National Indian Gaming Commission — Assessment. The TGC shall
take measures to ensure compliance with all assessments lawfully and properly
authorized by the National Indian Gaming Commission. Such assessments shall be
paid from the gaming enterprises. Nothing in this section shall be interpreted as a
waiver of the Tribes’ right to challenge the legality of any such regulations.

900 Section 3 Compact with the State of Idaho. The TGC shall comply with the
provisions of the compact between the Tribe and the State of Idaho, negotiated and
executed under IGRA. Nothing in this section shall be interpreted as a waiver of the
Tribes’ right to challenge the legality of any such compact or any compact provision.

SUBCHAPTER 1000
MISCELLANEOUS

1000 Section 1 Security. Each licensed gaming establishment must provide for
adequate security. The TGC must license all security personnel.

1000 Section 2 Maintenance of Code and Regulations. Each licensed gaming
enterprise shall obtain, maintain and keep current a copy of the Gaming Code and
regulations promulgated there under, which shall be located at the premises used for
the conduct of a licensed activity. This Code and regulations is not, in any way,
affected by the Licensee’s lack of a copy or knowledge of this Code and regulations.

1000 Section 3 Compliance with Other Laws. To the extent not inconsistent with
this Code, all Tribal laws, ordinances and resolutions in effect shall apply to activities
at the gaming establishments. The construction, maintenance and operation of any
facility in which gaming activities are to take place shall be in a manner, which
adequately protects the environment and the public health and safety and shall
comply with any otherwise applicable tribal and federal laws relating to
environmental protection and public health and safety.

1000 Section 4 Amendments. All provisions of this Gaming Code are subject to
amendment by the Fort Hall Business Council. All regulations promulgated by the
TGC are subject to proper revision, repeal, or amendment by the TGC .

1000 Section 5 No Waiver of Sovereign Immunity. Nothing herein shall be
interpreted as empowering the TGC to waive the Tribes’ or the TGC ’s immunity
from suit. Any contract or other agreement that provides for such waiver shall be
void unless ratified by the Fort Hall Business Council.

1000 Section 6 Severability. If a Court of competent jurisdiction holds any
provision of this Code, or its application to any purpose or circumstance, invalid, the

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as amended by Tribal Council July 17, 2006. Page 31 of 32


AUTHORIZATION OF GAMING

600 Section 1 Prohibition Against Gaming. No person duly authorized by the TGC
shall engage, conduct or condone any Class II or Class III game unless such game is
approved by the TGC and regulations for rules governing such game have been duly
promulgated by this TGC .

600 Section 2 Grace Period. The prohibition contained in 600 Section 1 shall not
apply to those games already being played as of the date of enactment of this Code,
provided, however, that the licensee conform to the rules promulgated there under
within five (5) days of such promulgation.

600 Section 3 Authorization of Gaming. The TGC may authorize the playing of
any game lawful under applicable federal law. The TGC shall promulgate
regulations for rules governing the equipment (chips, dice, cards, tiles etc.) used in
such game.

600 Section 4 Approval of Gaming Equipment. The TGC shall review and
approve all gaming equipment and other devices used in the gaming operation as to
design, integrity, fairness, honesty and suitability.

a). The TGC may test any machine in a gaming facility at any time, or
may require a prototype or sample of any model of gaming terminal or other device
used in the gaming operation to be placed in the custody of the Executive Director
and retained by him as a control for comparison purposes.

b). Any evidence that gaming terminals or other equipment used in the
gaming operation has been tampered with or altered in any way which would affect
the integrity, fairness, honesty or suitability of the terminal or equipment shall be
immediately reported to the TGC .

600 Section 5 Posting of Rules. The Rules of each authorized game offered at any
duly licensed gaming establishment shall be posted in a conspicuous location and
shall be clearly legible.

SUBCHAPTER 700
EXCLUSION OR EJECTION OF INDIVIDUALS

700 Section 1 List of Undesirables. The TGC shall, by regulation, provide for the
establishment of a list of persons who are to be excluded or ejected from any duly
licensed gaming operation. The list may include any person whose presence in the
gaming establishment is determined by the TGC to pose a threat to the interests of
the Tribe, the State of Idaho, or to licensed gaming. Race, color, creed, national
origin or ancestry, or sex must not be grounds for placing the name of a person on the
list.

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 28 of 32


3.14

3.15

3.16

3:17

admittance as evidenced by required records. The value shall be
stated in U.S. currency, before any deductions or allowances for
prizes, pay out of winnings, cost of operation, promotional expenses,
taxes, labor expenses, equipment or materials used, or any other
expenses. In the absence of records, gross revenue shall be the
maximum that would be due to an operator from that particular
activity if operated at maximum capacity.

“Indian Land” means

(a) Land within the limits of an Indian reservation; or

(b) Land over which an Indian tribe exercises governmental power and

that is either --

(1) Held in trust by the United States for the benefit of any Indian

tribe or individual; or

(2) Held by an Indian tribe or individual subject to restriction by

the United States against alienation.

“Key Employee” means
(a) a person who performs one or more of the following

functions:
1. Bingo caller, or
Ds Counting Room Supervisor, or
3: Chief of Security, or
4. Custodian of gaming supplies or cash, or
5; Floor manager, or
6. Pit boss, or
"Te Dealer, or
8. Croupier, or
9. Approver of credit, or
10. Custodian of gambling devices including

persons with access to cash and accounting
records within such devices; or
(b) if not otherwise included, any other person whose
total cash compensation is in excess of $50,000 per
year; or
(c) if not otherwise included, the four most highly
compensated persons in the gaming operation;

“Licensee” means any person who has been issued a valid and
current license pursuant to the provisions of this Gaming Code.
“Net Revenue” means gross gaming revenues of an Indian Gaming
Operation less (ay amounts paid out or paid for prizes and (b) total
gaming related operating expenses, excluding management fees.

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006.

Page 5 of 32


(c) Any sports betting and pari-mutuel wagering including but not limited to
wagering on horse racing, dog racing or jai alai; or

(d) Lotteries.

3.06 “Tribal Gaming Commission” or “TGC” means the Shoshone-
Bannock Tribal Gaming Commission.

3.07 “TGC Commissioner” means one of the members of the Shoshone-
Bannock Gaming Commission.

3.08 “Council” means the Fort Hall Business Council, governing body of
the Shoshone-Bannock Tribes.

3.09 “Gaming or Gaming Activity” means to deal, operate, carry on,
conduct, maintain or expose for play any game played with cards,
dice, equipment or any mechanical, electromechanical or electronic
device or machine for money, property, checks, credit or any
representative of value, including without limiting the generality of
the foregoing, roulette, keno, bingo, twenty-one, blackjack, craps,
poker, chuck-a-luck, wheel of fortune, baccarat, pai gow, beat the
banker, video lottery device, video poker machine, pull tabs, bingo,
any banking or percentage game or any other game or device
approved by the TGC , but does not include games of cards in private
homes or residences in which no person makes or charges money for
operating the game, except as a player.

3.10 “Gaming Device” means any equipment or mechanical,
electromechanical or electronic contrivance, component or machine,
including any game, which affects the result of a wager by
determining win or loss. The term includes a system for processing
information, which can alter the normal criteria of random selection,
which affects the operation of any game or which determines the
outcome of a game.

3.11 “Gaming Establishment or Gaming Premises” means any
premises where gaming, other than Class I gaming is operated or
conducted, and includes all buildings, improvements, equipment and
facilities used or maintained in connection with such gaming,
including but not limited to the storage and maintenance of any
gaming equipment, including all gaming devices, and surrounding
areas, including parking areas, related to the gaming operation.

3.12 “Gaming Operation” means each economic entity that is licensed
by a tribe, operates the games, receives the revenues, issues the
prizes, and pays the expenses. A gaming operation may be operated
by a tribe directly; by a management contractor; or, under certain
conditions, by another person or other entity

3.13 “Gross Revenue,” means the total monetary value that would be due
to any operator of a gaming activity for any change taken, for any
table fees for card playing, or other fees charged for participation or

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 4 of 32


ii income to the Tribe from such gaming is used only for the
purposes described in 100 Section 2 of this Code, and

ii. not less than 60 percent of the net revenues is income to the
Tribe, and
iii. the owner of such gaming operation pays the appropriate

assessment levied by the NIGC.

200 Section 5 Issuance of Tribal Gaming Licenses; Objections. The TGC shall consult
with appropriate Law Enforcement officials concerning any gaming licenses it may issue. If,
after issuance of a gaming license by the TGC, reliable information is received that the
licensee is not suitable, the TGC may suspend or restrict such license and, after notice and
hearing, may revoke such license.

200 Section 6 License and Regulation of Class III Gaming activities.
a. A separate license issued by the TGC shall be required for each place, facility, or
location within the Tribes’ jurisdiction at which any Class III Gaming Activity is
conducted.

b. The TGC shall not license a Class III Gaming Activity unless with respect to Class III
gaming:
(6) Such gaming meets the requirements of 200 Section 3, and
(ii) Such gaming is conducted in conformance with the terms and
conditions of a valid Tribal-State Compact entered into by the Tribes
and the State of Idaho, or with the terms and conditions of valid
procedures for the regulation of class III games in the absence of a
compact, or in compliance with some other lawful remedy in the
absence of a compact;

c. Nothing herein shall be interpreted to be a restriction on the sovereign authority of the
Tribe to continue regulation of gaming on Indian Lands in the event the Federal courts strike
all or part of IGRA to be invalid, illegal, unconstitutional or unenforceable.

200 Section 7 Non-transferability of License. Any license issued pursuant to the
provisions of this Code is valid only for the person or entity at the place of business shown
on the face thereof. It is not assignable or otherwise transferable to any other person or entity
for any other location without approval of the TGC.

200 Section 8 Granting of License - Majority Vote. To approve of any license issued
pursuant to this Code, a quorum of the TGC must be present with a majority vote of approval
required. A license will not be issued to a person whose license has previously been revoked
pursuant to this Code, or to whom the issuance of renewal of a license has been denied,
except with the majority approval of the TGC members.

200 Section 9 Application and License Fees. The TGC shall set a fee for applications,
background investigations, and licenses. All such fees shall be made payable to the
Shoshone-Bannock Tribal Gaming Commission and delivered to the Shoshone-Bannock

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 17 of 32


3.26 “Regulation” means the regulations of the TGC under this Code.

3.27. “Reservation” when not qualified, means the Fort Hall Indian
Reservation.

3.28 “Services” means labor provided by one person to or for another,
where such labor is provided in pursuit of the purpose of gaming
pursuant to this Code, or facilitates the operation of the gaming
enterprise in any manner.

3.29. “TGC” means the Shoshone-Bannock Tribal Gaming Commission

3.30 “TGC Chairman” means the Chairperson of the Shoshone-Bannock
Tribal Gaming Commission selected by the TGC Commissioners as
the chief regulator of Shoshone-Bannock Gaming

3.31. “Tribal Court” means the Tribal Court of the Shoshone-Bannock
Tribes.

3.32 “Tribal-State Compact” or “Compact” means an agreement
between a tribe and a state about class III gaming under 25 U.S.C.
2710(d)..

3.33 “Tribe” or “Tribes” means the Shoshone-Bannock Tribes.

3.34 “Weekdays” means Monday through Friday except Federal or Tribal
holidays.

3.35 Words and Terms: Tense, number and gender. In constructing the
provisions of this Code, save when otherwise plainly declared or
clearly apparent from the context;

(a) words in the present tense shall include the future tense;

(b) words in masculine, feminine and neuter genders shall
include all genders;

(c) words in the singular shall include the plural, and in the plural
shall include the singular.

SUBCHAPTER 020
GAMING AUTHORIZED

Class II and Class III gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-447,
25 U.S.C. Section 2703(7)(A)(2) ("IGRA") as it may be amended and by the regulations
promulgated by the National Indian Gaming Commission is hereby authorized.

SUBCHAPTER 030
JURISDICTION

Nothing herein shall be construed to allow for jurisdiction of the State of Idaho except as
provided in the Tribal/State Compact, which shall be narrowly construed with a presumption
against allowing for such jurisdiction. Nothing herein shall be construed to allow for
jurisdiction of the United States, except as provided in the Indian Gaming Regulatory Act.

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 7 of 32


I.

2. The Tribe, through the Executive Director shall respond to a request for additional
information from the NIGC Chairman concerning a key employee or a primary
management official who is the subject of a report. Such a request shall suspend the
30-day period under paragraph G. 1. of this section until the NIGC Chairman receives
the additional information.

3. If, within the thirty (30) day period described above, the NIGC provides the Tribe
and TGC 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 NIGC, the Tribe shall reconsider the
application, taking into account the objections itemized by the NIGC. The Tribe shall
make the final decision whether to issue a license to such applicant.

License Suspension

1. If, after the issuance of a gaming license, the Tribe receives from the National
Indian Gaming Commission reliable information indicating that a key employee or a
primary management official is not eligible for employment under subsection D.
above, the Tribe shall suspend such license and shall notify in writing the licensee of
the suspension and the proposed revocation.

2. The Tribe through the TGC and Executive Director 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, through the TGC and Executive Director
shall decide to revoke or to reinstate a gaming license. The Tribe shall notify the
National Indian Gaming Commission of its decision.

Protection of Due Process in Final Licensing Determinations.

The TGC shall not consider information that ordinarily would be excluded from the
finder of fact in a federal court of law. Specifically, the TGC shall not consider criminal
charges that have not resulted in a conviction and shall not consider hearsay evidence
unless such hearsay would be admissible in a federal civil action per the express
exceptions provided by the Federal Rules of Evidence. This provision shall not prevent
the TGC from suspending a license based on pending charges.

SUBCHAPTER 400
MANAGEMENT CONTRACTS

400 Section 1 Tribal Gaming Commission Approval Required.

A. Any management contract entered into by the Tribe for the operation and
management of Class II or Class III gaming activity must be submitted to the TGC
for approval, but, before approving such contract, the TGC shall require and obtain
the following information:

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 23 of 32


m
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October 16, 2006 VG comn’

Via Electronic and U.S. Mail

Scott Crowell, Esq.
Crowell Law Offices
1670 Tenth Street West
Kirkland, WA 98033

RE: Approval of Shoshone-Bannock Tribal Gaming Ordinance

Dear Mr. Crowell:

This is in response to your request to review and approve the Shoshone-Bannock Tribes’
Amended and Restated “Tribal Gaming Code,” as adopted by Resolution No. 06-0764A
(July 17, 2006) of the Fort Hall Business Council. The submission includes the
Shoshone-Bannock Gaming Commission Licensing Rules and Procedures (revised
05/12/1999), and the Shoshone-Bannock Gaming Commission’s Patron Dispute
Procedures.

The tribal gaming ordinance, gaming regulations, and patron dispute procedures are
consistent with the requirements of the Indian Gaming Regulatory Act (IGRA) and the
National Indian Gaming Commission’s regulations. Therefore, the tribal gaming
ordinance, regulations and procedures are hereby approved.

ission. If you have any questions or require assistance, please
Jeffrey Nelson at (202) 632-7003.

Sincerely,

NATIONAL HEADQUARTERS — 1447 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.Gov

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


members of the Fort Hall Business Council is absolutely necessary under the
circumstances.

(b) In such event, the Fort Hall Business Council shall proceed with all
deliberate speed to replace such Commissioners with persons who are not
members of the Fort Hall Business Council and are otherwise qualified for the
office.

(on The TGC is empowered with the authority to regulate Class II and Class III Gaming
activities on Indian land owned by the Shoshone-Bannock Tribes.

100 Section 4 Restrictions on TGC Commissioners. However, TGC Commissioners may
engage in business, which is not subject to the provisions of this Gaming Code. TGC
Commissioners shall not gamble in the gaming establishment and shall not have any personal
financial interest in any gambling by any patron.

100 Section 5 Compensation of TGC Commissioners. TGC Commissioners shall be
compensated at a rate to be established by the TGC and approved by the Fort Hall Business
Council. TGC Commissioners shall be reimbursed for actual expenses incurred on TGC
business, including necessary travel expenses. In no event shall compensation be based on a
percentage of net profits from gaming operations of the Tribe.

100 Section 6 Selection of Chairperson. The TGC Chairman shall be appointed by the
existing TGC Commissioners as of January 2 each year, and shall serve thereafter for a
period of one year. Initially, the TGC Commissioners in place at the time of enactment of
this Gaming Code shall appoint a TGC Chairman, who shall serve as TGC Chairman until
January 2, 2005. The TGC Chairman shall continue to serve as one of the five TGC
Commissioners. Nothing herein shall prevent a person from serving multiple and/or
consecutive terms as TGC Chairman. If a vacancy occurs for any reason, the TGC
Commissioners seated at the time shall appoint a TGC Chairman to serve until January 2 of
the next year

100 Section 7 Meetings Open to Membership. Meetings of the TGC shall be open to all
tribal members and shall be governed by Roberts Rules of Order. However, the TGC may
recess at any time, upon majority vote to discuss any matter in executive session. The TGC
must express in a motion calling for an executive session the general subject matter to be
discussed in executive session. The TGC shall not take any final or official action on the
matter in executive session.

100 Section 8 Quorum — Majority Vote. A quorum shall consist of three members of the
TGC. All decisions shall be made by a majority vote unless indicated otherwise in this Code.

100 Section 9 Monthly Reports and Annual Report. The TGC shall make monthly reports
to the Council within 30 days after the close of the month for which the information is being
required. The reports shall include a full and complete statement of expenses and all other
financial transactions of the TGC and a summary of all licensing and enforcement actions.

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 10 of 32


this Code. A TGC Commissioner may be removed from office for cause by a
majority vote of the Fort Hall Business Council. TGC Commissioners shall not be
entitled to grievance rights and privileges otherwise available to TGC employees or
employees of the gaming operations. The TGC shall consist of five (5) members
appointed by a majority vote of the Council. The Council shall fill vacancies within
90 days. TGC Commissioners must meet the suitability standards for, and submit to
the background check required of, primary management officials.

B. TGC Commissioners shall be residents of the Reservation, appointed by the Fort hall
Business Council. At least one member of the TGC shall be an
accountant/bookkeeper who has practiced accounting for at least three years. At least
one member of the TGC shall be a law enforcement officer who has been employed
as such, not less than three years. Unless the Fort Hall Business Council determines
that an emergency situation is present such that appointment of a member or members
of the Fort Hall Business Council is absolutely necessary under the circumstances, No
member of the Fort Hall Business Council may serve as a TGC Commissioner during
his/her term as a member of Council.

(1) No individual shall be eligible for any appointment to, or continue to serve on the
TGC, who:

(a) Has been convicted of any felony; or convicted of any gaming related
offense;

(b) Has a financial interest in or management responsibility for any gaming
activity or operation; or

(c) Has a financial interest in or management responsibility for any
management contract for a gaming activity or operation.

(2) The Fort Hall Business Council may, in its sole discretion, allow for an existing TGC
Commissioner to take a leave of absence, paid or not paid, to attend to personal or health
matters, and appoint a temporary TGC Commissioner, who shall have the power to act as
a TGC Commissioner during the leave of absence.

(3) TGC Commissioners shall serve three-year terms. For purpose of the transition,
the Council shall designate retroactive to January 1, 2004 one current TGC
Commissioner as serving a one year term, two current TGC Commissioners as
serving two year terms and two current TGC Commissioners as serving three year
terms. Notwithstanding the January 2 date set forth in subsection 6 below, the TGC
Commissioners shall select a TGC Chairman at the earliest date subsequent to
Council approval of this Ordinance.

(4) No member of the Fort Hall Business Council may serve as a TGC Commissioner
during his/her term as a member of Council.

(a) This provision shall not apply if the Fort Hall Business Council determines
that an emergency situation is present such that appointment of a member or

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 9 of 32


b). to place, increase or decrease a bet or to determine the course of play
after acquiring knowledge, not available to all players, of the outcome of the game or
knowledge of any event that affects the outcome of the game or knowledge that is the
subject of the bet or wager;

c). to aid anyone in acquiring such knowledge as set forth in subparagraph
(b) for the purpose of increasing or decreasing a bet or wager, or for the purpose of
determining the course of play contingent upon that event or outcome;

d). to claim, collect or take, or attempt to claim, collect or take, money or
anything of value in or from a gambling game with intent to defraud, without having
made a wager contingent thereon, or to claim, collect or take an amount greater than
the amount won;

e). knowingly to entice or induce another to go to any place where a
gambling game is being conducted or operated in violation of the provisions of this
Gaming Code, with the intent that the other person play or participate in that
gambling game;

33) to place or increase a bet or wager after acquiring knowledge of the
outcome of the game or event which is the subject of the bet or wager, including past-
posting and pressing bets;

g). to reduce the amount wagered or cancel the bet after acquiring
knowledge of the outcome of the game or other event which is the subject of the bet
or wager, including pinching bets;

h). to manipulate with intent to cheat, any component of a gaming
terminal or any tangible device used in connection with the gaming activity in a
manner contrary to the designed and normal operational purpose for the component,
with knowledge that the manipulation affects the outcome of the game or with
knowledge of any event that affects the outcome of the game.

800 Section 2 Prohibitions against Electronic Aids. Except as specifically
permitted and approved by the TGC , no person shall possess with the intent to use, or
actually use, at any table game, either by himself, or in concert with others, any
calculator, computer, or other electronic, electrical, or mechanical device to assist in
projecting an outcome at any table game, to keep track of or analyze the cards having
been dealt, to change the probabilities of any table game or the playing strategies to
be utilized. Nothing in this section shall be interpreted to preclude the gaming
establishment from maintaining and offering such electronic aids so long as the
information provided from such aids is made available to all players.

SUBCHAPTER 900
NATIONAL INDIAN GAMING COMMISSION
And TRIBAL-STATE COMPACTS

900 Section 1 National Indian Gaming Commission — Regulations. The TGC
shall comply with all regulations lawfully and properly promulgated by the National
Indian Gaming Commission, including, but not limited to, all requirements to report
ordinances, contracts, license applications, background checks, and other information
to the National Indian Gaming Commission. Nothing in this section shall be

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 30 of 32


700 Section 2 Notice and Opportunity to be Heard. The TGC shall promulgate
regulations providing fair notice and opportunity to be heard to any individual whose
name is being contemplated by the Tribe to be placed on the list referred to in 700
Section 1. Such regulations must provide the person an opportunity to show cause to
the TGC why his name should be deleted from the list.

700 Section 3 Prohibitions Against Listed Individuals. It shall be a violation of
this Code for any licensee who knowingly fails to exclude or eject from the gaming
establishment any persons placed on the list referred to in 700 Section 1. It shall be a
violation of this Code for any person whose name appears on the list referred to in
700 Section 1 to enter into or engage in any game at a duly licensed gaming
establishment. Nothing in this section may be interpreted to prevent the gaming
operation from refusing service to anyone.

700 Section 4 Prohibitions Against Certain Individuals. It shall be a violation of
this Code for any licensee who knowingly fails to exclude or eject from the gaming
establishment any individual who:
a). is visibly under the influence of liquor or any narcotic or such other
substances; or
b). is visibly in violation of the Tribal Law and Order Code, or
c). is to be excluded per the provisions of the Tribal-State Compact.

700 Section 5 Exclusion Pending Hearing

Any patron or other individuals violating any gaming tribal laws and/or exhibiting
undesirable conduct, in the opinion of a Gaming Commissioner, Security, or any
gaming employee in a management position, may be immediately excluded by
Gaming Security or officials of the Gaming Management or Operations. These
exclusions will be remain in effect until the TGC officially reviews the case and
notifies the individual(s) of whether exclusion is to be lifted or become permanent, at
which time a hearing may be requested. Such hearing must be requested within thirty
(30) days of TGC notification. TGC shall make the initial determination within five
(5) days of the event of exclusion, shall provide for a hearing within ten (10) days of
the request for a hearing, and shall provide a final decision within ten (10) days of the
hearing.

SUBCHAPTER 800
CHEATING

800 Section 1 Unlawful Acts. It is unlawful and a violation of this Code, punishable
by the TGC , for any person:

a). to alter or misrepresent the outcome of a game or other event on which
wagers have been made after the outcome is made sure but before it is revealed to the
players;

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 29 of 32


3.18 “NIGC Chairman” means the Chairman of the National Indian
Gaming Commission as defined by 25 C.F.R. § 502.1 as may be
amended from time to time.

3.19 “Management Contract” means any contract, subcontract, or
collateral agreement between the Shoshone-Bannock Tribes and a
contractor or between a contractor and subcontractor, if such contract
or agreement provides for management of all or part of a gaming
operation.

3.20 “Management Fee” means any monies paid from gaming revenue to
any person (not an employee) or to any entity contracted and/or
licensed to operate or manage a gaming establishment. Such term
shall not include monies paid for operating expenses.

3.21 “NIGC” means the National Indian Gaming Commission

3.22 “Operating Expense” shall include

(a) all monies that are reasonably attributed to maintaining
and operating the gaming activities, reasonable salaries
paid to employees, and activities that are reasonably
related to promoting business in the gaming
establishment;

(b) The TGC may determine that revenue participation fees
with a third-party may be deemed an operating expense,
even though such designation may vary from Generally
Accepted Accounting Principles (GAAP);

(c) Unless specifically designated by the TGC, the
determination of an “operating expense” shall be
consistent with GAAP.

3.23. “Patron” means any person or group of persons who participate as
players in games as defined by this Code, or who are physically
present on premises wherein or whereon such games are being
played.

3.24 “Person” means any association, partnership, corporation, firm, trust
or other form of business association as well as a natural person.

3.25 “Primary Management Official” means:

(a) The person having management responsibility for a management contract;
(b) Any person who has authority:

(1) To hire and fire employees; or

(2) To set up working policy for the gaming operation; or

(c) The chief financial officer or other person who has financial management
responsibility.

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 6 of 32


to be employed in a gaming operation. The information will be used by NIGC
members and staff who have need for the information in the performance of their
official duties. The information may be disclosed to appropriate Federal, Tribal, State,
local, or foreign law enforcement and regulatory agencies when relevant to civil,
criminal or regulatory investigations or prosecutions or when pursuant to a
requirement by a tribe or the NIGC in connection with the hiring or firing of an
employee, the issuance or revocation of a gaming license, or investigations of
activities while associated with a tribe or a gaming operation. Failure to consent to the
disclosures indicated in this notice will result in a tribe’s being unable to hire you in a
primary management official or key employee position.

The disclosure of your Social Security Number (SSN) is voluntary. However, failure
to supply a SSN may result in errors in processing your application.

The following notice shall also be required on the application form:

A false statement on any part of your application may be grounds for not hiring you,
or for firing you after you begin work. Also, you may be punished by fine or
imprisonment. (U.S. Code, title 18, section 1001.)

B. Existing key employees and primary management officials shall be notified in
writing that they shall either:

a. Complete a new application form that contains a Privacy Act notice; or

Sign a statement that contains the Privacy Act notice and consent to the routine uses
described in that notice.

b. Complete a new application form that contains a notice regarding false statements;
or

Sign a statement that contains the notice regarding false statements.

Cc, Background Investigations

1. The Tribe, through TGC Licensing staff shall request from each primary
management official and from each key employee all of the following information:
a. Full name, other names used (oral or written), social security number(s), birth
date, place of birth, citizenship, gender, all languages (spoken or written);
b. Currently and for the previous 5 years: business and employment positions
held, ownership interests in those businesses, business and residence addresses,
and drivers license numbers;
c. The names and current addresses of at least three personal references, including
one personal reference who was acquainted with the applicant during each period
of residence listed under paragraph (1)(b) of this section;
d. Current business and residence telephone numbers;
e. A description of any existing and previous business relationships with Indian
tribes, including ownership interests in those businesses;
f. A description of any existing and previous business relationships with the
gaming industry generally, including ownership interests in those businesses;

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 20 of 32


c. The management contract has, or has attempted unduly to interfere or to
influence for its gain or advantage any decision or process of tribal
government relating to gaming activity;

d, The management contractor has deliberately or substantially failed to comply
with the terms of the management contract or the provisions of this Code or
any regulations adopted pursuant to this Code or the Indian Gaming
Regulatory Act.

e. Any person listed in 300 Section 1 (a)(i) is an elected member of the Fort Hall
Business Council.

400 Section 6 Modifying or Voiding Contract. The TGC , after notice and hearing,
shall have the authority to require appropriate contract modifications or may void any
contract if it subsequently determines that any of the provisions of this Chapter have been
violated.

400 Section 7 Conveying Interest in Land. No management contract for the operation
of a gaming activity regulated by this Code shall transfer or, in any other manner, convey
any interest in land or other real property, unless specific applicable statutory authority
exists and unless clearly specified in writing in said Contract.

400 Section 8 Fees for Investigation Cost. The TGC may require a potential contractor
to pay a fee to cover the cost of the investigation necessary to reach a determination
require in 300 Section 4 of this Subchapter.

SUBCHAPTER 500
AUDITING AND INTERNAL CONTROL

500 Section 1 Minimum Procedure for Control of Internal Fiscal Affairs. The TGC
shall promulgate regulations for control of internal fiscal affairs of all gaming operations.
At a minimum, those regulations shall:

A. Prescribe minimum procedures for safeguarding the gaming operation’s assets
and revenues, including recording of cash and evidences of indebtedness,
mandatory count procedures. Such procedures shall establish a control
environment, accounting system, and control procedures that safeguard the assets
of the organization, assures that operating transactions are properly recorded, and
encourage adherence to prescribed policies;

B. Prescribe minimum reporting requirements to the TGC ;

C. Provide for the adoption and use of internal audits, by internal auditors and
Certified Public Accountants licensed to practice public accounting;

D. Formulate uniform minimum internal control standards (MICS) of accounts and
accounting classifications to assure consistency, comparability and effective
disclosure of financial information. Such MICS shall require that records be
retained that reflect statistical drop (amount of cash wagered by patrons),
statistical win/loss (amount of cash won/lost by the gaming operation) and the
percentage of win/loss to drop, or provide similar information, for each type of
game, or each gaming device;

Shoshone-Bannock Gaming Code
as amended by Tribal Council July 17, 2006. Page 26 of 32


SUBCHAPTER 010
GENERAL INFORMATION

Section 1. Purpose

The Fort Hall Business Council, empowered by the Constitution and By-laws of the
Shoshone-Bannock Tribes’ (hereinafter "Tribe") to enact ordinances, hereby enacts this
ordinance in order to set the terms for Class I, Class II and Class III gaming operations on
tribal lands within the Fort Hall Indian Reservation

Section 2. Background and Intent (Reserved)
Section 3. Definitions

3.01 Shared meaning with IGRA. Unless a different code meaning is
clearly indicated, the terms used in this Code shall have the same
meaning as defined in the “Indian Gaming Regulatory Act,” (IGRA)
Public Law 100 497, 102 Stat. 2467 (Oct. 17 1988).

3.02 “Calendar Year” means the period beginning January 1 at 12:00:01
and ending immediately following December 31 at 12:00 0’clock
midnight.

3.03

“Class I Gaming” means:

(a) Social games played solely for prizes of minimal value; or
(b) Traditional forms of Indian gaming when played by individuals in
connection with tribal ceremonies or celebrations

3.04 “Class If Gaming” means —

(a) Bingo or lotto (whether or not electronic, computer, or other technologic aids
are used) when players:

(1) Play for prizes with cards bearing numbers or other designations;

(2) Cover numbers or designations when object, similarly numbered or
designated, are drawn or electronically determined; and

(3) Win the game by being the first person to cover a designated pattern on
such cards;

(b) If played in the same location as bingo or lotto, pull-tabs, punch boards, tip
jars, instant bingo, and other games similar to bingo;

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e) Review all records, documents, and anything else necessary and pertinent to
enforcement of any provisions of this Code;

f) Recommend to the TGC whether sanctions, fines or restrictions should be imposed on
any person subject to the jurisdiction of this Code;

g) Issue subpoenas to compel the attendance of witnesses for hearing at any place on
Shoshone-Bannock lands, administer oaths, and require testimony under oath. Any
process or notice may be served in the manner provided for service of process and
notices in civil actions. The Executive Director may pay such transportation and other
expenses of witnesses, as it deems reasonable and proper.

100 Section 17 Right of Inspection. The TGC and its agents and inspectors, have the
authority:

a) To inspect and examine all premises wherein gaming is conducted or gambling
devices or equipment are manufactured, stored, maintained, sold or distributed;

b) To inspect all equipment and supplies in, upon or about a gaming establishment,
or inspect any equipment or supplies wherever located, which may, or have been
used in the gaming establishment;

c) Summarily to seize and remove from a gaming establishment (or wherever
located) and impound such equipment or supplies for the purpose of examination,
inspection, evidence or forfeiture;

d) To demand access to and inspect, examine and audit all papers, books and records
of applicants and licensees respecting any income produced by any gaming
business, and require verification of income and all other matters affecting the
enforcement of the policy of or any of the provisions of this Code;

e) To seize and impound any patron’s winnings which the TGC may have reasons to
believe may have been won or obtained in violation of this Code pending a
hearing before the TGC;

f) For the purpose of administration and enforcement of this Code the TGC and its
investigative personnel may, by resolution of the Fort Hall Business Council,
have the powers of the peace officer of the Shoshone-Bannock Tribe for purposes
of this Code only;

100 Section 18 Confidentiality of Information. The TGC may refuse to reveal, in any court
proceeding the identity of any informant, or the information obtained from the informant, or
both the identity and the information. See 300 Section 1 as applied to application
requirements.

100 Section 19 Powers of Delegation; Tribal Gaming Commission Budget; TGC
Records. The TGC may organize itself into functional divisions as it may deem necessary
and from time to time alter such plan of organization, as it may deem expedient. Within the
limitations of a Council approved budget sufficient to adequately regulate Gaming
operations; the TGC shall establish its own budget for operations, and acquire such
furnishings, equipment, supplies, stationery, books, motor vehicles, and other things as it
may deem necessary or desirable in carrying out its functions, and incur such other expenses,
within the limit of funds available to it, as it may deem necessary. Within the limits of a
Council approved budget, the Executive Director shall employ and fix the salaries of or

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assure compliance with the provisions of this Code only. Said special services of
enforcement and surveillance shall be under the direction of the Executive Director. This
section shall in no way be deemed to limit the normal law enforcement functions of these or
other tribal law enforcement officers not so authorized.

100 Section 24 Gratuities. The Executive Director, TGC Commissioners, members of the
Council and their immediate families and Gaming Management shall receive no personal
compensation, gift, reimbursement or payment of any kind from any person doing or wishing
to do business with the Tribe relating to gaming nor with any person wishing to obtain an
unfair advantage in any authorized wager on gaming. Personal compensation, gift,
reimbursement or payment of any kind shall not include business entertainment, meals,
lodging, merchandise provided by vendors in the ordinary course of business with a nominal
value (less than $ 100), commitments by vendors to make contributions to tribally-sanctioned
scholarships, programs or events, or other ordinary and reasonable expenses in the
negotiation and solicitation of contracts, or maintenance of an on-going business relationship.
Any property received in violation of this provision, including cash payments, shall be
immediately forfeited to the Tribe and the offending persons shall be prosecuted to the fullest
extent possible under applicable law for accepting a bribe. The TGC shall cooperate to the
fullest extent possible with any Federal or State law enforcement agency to pursue
prosecution under applicable Federal or State law.

100 Section 25 Audit.

A. The Tribe shall cause to be conducted annually an independent audit of gaming
operations and shall submit the resulting audit reports to the NIGC Specifically, the
Executive Director shall arrange for an annual outside audit of authorized gaming and
will provide a copy to the NIGC;

B. All gaming related contracts that result in the purchase of supplies, services, or
concessions in excess of $25,000.00 annually, except contracts for professional legal
and accounting services, shall be specifically included within the scope of the audit
that is described in subsection A. above.

100 Section 26 Protection of the Environment and Public Health and Safety. Class II and
Class III gaming facilities shall be constructed, maintained and operated in a manner that
adequately protects the environment and the public health and safety. The TGC shall assure
these requirements are met to protect licensed gaming facilities.

100 Section 27 Designated Agent. The TGC Chairman shall serve as the designated agent
for service of process as required by 25 CFR §522.2 (g).

SUBCHAPTER 200
LICENSING OF GAMES, NON-KEY EMPLOYEES AND OTHERS

200 Section 1 — Mandatory License. Any person seeking to conduct, operate, or manage
any gaming activity or sell or lease gaming-related equipment to a gaming operation pursuant

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SHOSHONE-BANNOCK TRIBES

TRIBAL GAMING CODE

Table of Contents

Chapter - Description Page
010 — General Information 2
020 — Gaming Authorized 6
030 — Jurisdiction 6
100 — Administration and Enforcement 7
200 — Licensing of Games, Non-Key Employees and Others 13
300 — Licensing of Key Employees and Primary

Management Officials 17
400 — Management Contracts 21
500 — Auditing and Internal Control 23
600 — Authorization of Gaming 25
700 — Exclusion or Ejection of Individuals 25
800 — Cheating 26
900 — National Indian Gaming Commission and Tribal-State
Compacts 27
1000 — Miscellaneous 28

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(i) the name, address, and other additional pertinent background
information on each person or entity (including persons comprising
such entity) having direct financial interest in, or management
responsibility for, such contract, and, in the case of a corporation,
those individuals who serve on the board of directors of such
corporation and each of its stockholders who hold (directly and
indirectly) 10 percent or more of its issued and outstanding stock; and

(ii) a description of any previous experience that each person listed
pursuant to subparagraph (i) has had with other gaming contracts with
Indian tribes or with the gaming industry generally, including
specifically the name and address of any licensing or regulatory
agency with which such person has had a contract relating to gaming;
and

(iii) any further or additional information as may be required under the
Tribal-State Compact entered into between the Tribe and the State; and

(iv) any additional information that the TGC may reasonably request.

B. Any person listed pursuant to sub subparagraph (a)(i) shall be required to
respond to such written or oral questions that the TGC may propound in
accordance with its responsibilities under this Subchapter 300.

C. For purposes of this Code, any reference to the management contract
described in 300 Section 1(a) shall be considered to include all collateral
agreements to such contract that relate to the gaming activity.

D. After the TGC has given its approval of a management contract, the TGC
shall submit such contract to the National Indian Gaming Commission for its
approval. No such contract shall be valid until the National Indian Gaming
Commission has approved it.

400 Section 2 Requirements for Management Contracts. The TGC shall approve any
management contract entered into by the Tribe pursuant to this Subchapter 400 unless it
determines that such contract is not in compliance with the provisions of this Gaming Code,
and does not provide at least:

A.

B.

for adequate accounting procedures that are maintained, and for verifiable
financial reports that are prepared, by or for the Council on a monthly basis;

for access to the daily operations of the gaming to appropriate tribal officials who
shall also have a right to verify the daily gross revenues and income made from
any such tribal gaming activity;

. for a minimum guaranteed payment to the Tribe that has preference over the

retirement of development and construction costs;

. for an agreed ceiling fee for the repayment of development and construction costs;

for a contract term not to exceed five years, except that, upon the request of the
Tribe, the TGC may authorize a contract term that exceeds five years but does
not exceed seven years if the TGC is satisfied that the capital investment
required, and the income projections, for the particular gaming activity require
additional time and the National Indian Gaming Commission concurs with the
findings of the Shoshone-Bannock Gaming Commission; and

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ORDINANCE

BE. IT ENACTED BY THE BUSINESS COUNCIL OF THE SHOSHONE-
BANNOCK TRIBES, that the “Tribal Gaming Code”, as set forth herein, is hereby
Authority for the foregoing ordinance is found in the Indian Reorganization Act of June
18, 1934 (48 Stat, 984) as amended and under Article VI, Section 1 () of the

Constitution and Bylaws of the Shoshone-Bannock Tribes of the Fort Hall Indian
Reservation of Idaho.

Dated this 17" day of July 2006.

SEAL

CERTIFICATION

I HEREBY CERTIFY, that the foregoing ordinance was passed while a quorum of the
Business Council was present by a vote 5 of in favor, 1 opposed (MS), and 1 not voting

(AC) on the date this bears.
dames beer eae

Fort Hall Business Council

cc: Louise EB. Dixey, Tribal Gaming Management
” Scott Crowell, Tribal Gaming Attomey


full remainder of the provision, or the application of the provision through another
person or circumstance, shall not be affected.

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E. Prescribe the intervals at which such information shall be furnished;

F. Provide for the maintenance of documentation (i.e. checklists, programs, reports,
etc.) to evidence all internal work performed as it relates to the requirements of
this section; and

G. Provide that all financial statements and documentation referred to in paragraph
(f) be maintained for a minimum of five (5) year.

500 Section 2 Tribal Gaming Commission Oversights of Internal Fiscal Affairs.

A. The TGC shall, by regulation, require audits of the financial statements of all
gaming operations. Such audits must:

1. be made by independent Certified Public Accountants;

2. include an opinion, qualified or unqualified or, if appropriate, disclaim an
opinion on the financial statements taken as a whole in accordance with
standards of the accounting profession established by rules and regulations
of the American Institute of Certified Public Accountants, except that
revenue participation fees may be treated as “operating expense” without
regard to GAAP;

3. disclose whether the accounts, records and control procedures maintained
by the gaming operation are as required by the regulations promulgated by
the TGC ; and

4. provide for a preliminary review of procedures and regulations relating to
the control of internal fiscal operations upon adoption of the policies and
procedures by the gaming operation, to disclose any deviation from
prescribed rules and regulations and report such findings to the TGC and
management;

500 Section 3 TGC ‘s Right to Conduct Audit. The TGC shall be able to retain its
own appointed accountants, or direct an accountant employed by the Tribe, to
conduct its own audit of any gaming operation.

500 Section 4 Prohibition Against Embezzlement. Any delay, maneuver or action
of any kind, which in the formal findings of the TGC is effectuated by any licensee
to unlawfully and intentionally divert gaming proceeds or other proceeds properly
belonging to the Tribe shall constitute grounds for taking disciplinary action against
that licensee. If the TGC finds an unlawful intentional diversion was attempted, it
shall sanction the licensee. Sanctions may include fining, revoking, suspending,
limiting or refusing to renew the license. Nothing herein shall be interpreted to limit
the TGC ’s authority per 100 Sections 20-22.

500 Section 5 Other Gaming Contracts. All contracts for goods and services,
including Construction contracts in excess of $5000.00 that utilize gaming funds shall
be made available to TGC such that they may be reviewed for compliance with Tribal
laws, property and procurement procedures, fraud or misrepresentation.

SUBCHAPTER 600

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The Fort Hall Business Council may require the TGC to provide this information in a
specific format with specific detail. The TGC shall make an annual report to the General
Council in advance of the annual General Council meeting. If requested of Council, TGC
Commissioners and/or the Executive Director shall attend and report on non-confidential
TGC matters to District and tribal member community meetings.

100 Section 10 Powers. The TGC may exercise any proper power and authority necessary to
perform the duties assigned to it by this Code, and is not limited by enumeration of powers in
this Chapter. The TGC shall make recommendations and set policy, and transact other
business that may be properly brought before it. The TGC shall promulgate rules and
regulations for the operation of any gaming establishment and shall hear and resolve all
disputes regarding any provision of this Code. In all decisions, the TGC shall act to promote
and insure integrity, security, honesty, and fairness of the operation and administration of
gaming and ancillary activities of the gaming enterprise. The TGC shall have the power and
authority to deny any application, to revoke, limit, condition, suspend, or restrict any license;
make a finding of suitability or approval of a license; or to impose a fine upon any person
licensed, for any cause deemed reasonable by the TGC.

100 Section 11 Prior Notices of Actions. In adopting, amending, and repealing regulations,
the TGC shall give prior notice of the proposed action to all licensees and other persons
whom the TGC has reason to believe have legitimate and bona fide interest in such proposed
action. Said notice shall inform such persons as to the general nature of the proposed action
and advise them as to the manner in which comments on said proposed action shall be
received by the TGC. In emergencies, the TGC may summarily adopt, amend or repeal any
regulation if at the time the TGC determines such action is necessary for the immediate
preservation of the public peace, health, safety, morals and good order or general welfare,
together with a statement of facts constituting the emergency; provided, the TGC shall
conduct a review of such emergency action at a regular hearing within thirty (30) days after
any emergency meeting.

100 Section 12 Requests for TGC Action. Any person who is determined by the TGC to be
a bona fide interested party may file a request in a manner and form approved by the TGC
requesting the adoption, amendment or repeal of a regulation. Upon receipt of the request,
the TGC shall within thirty (30) days deny the request in writing or schedule the matter for
action pursuant to this Chapter.

100 Section 13 Voting on Licensing. Any TGC vote resulting in approving, disapproving,
revoking, suspending, limiting or conditioning a license under this Code shall be by ballot
only; provided, that in an emergency a phone vote may be polled pursuant to TGC
regulations. Should an applicant disagree with the determination of the TGC, the TGC shall
hold a hearing to review its decision within seven (7) weekdays from the date an applicant
files his/her written disagreement with the TGC. At the hearing the burden shall be upon the
applicant to show cause why the TGC’s decision was incorrect. Any TGC Commissioner
that may gain economically (other than gain to the Tribe and tribal membership generally)
from the granting or denial of a licensing application shall abstain from voting on such
application.

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contract for the services of such professional, technical and operational personnel and
consultants as the execution of its duties and the operation of the TGC may require. At the
Council’s discretion, said budget may be reviewed and modified by the Council every twelve
(12) months. Upon the end of the budget year any surplus, which might exist, shall be
refunded to the Tribes’ General Fund at the Council’s discretion. The TGC shall keep and
maintain a file of all applications for licenses under this chapter, together with a record of all
action taken with respect to such applications. The TGC shall keep and maintain such other
files and records as they may deem desirable and all such records shall be open to public
inspection only as the Fort Hall Business Council by resolution and the TGC by regulation
deems appropriate; In the absence of express authority to disclose records, such records shall
remain confidential, provided, that the annual TGC budget shall be made available to any
tribal member upon demand.

100 Section 20 Sanctions. Any person who engages in activities on property subject to the
provisions of this Gaming Code without a license, in violation of the license or terms
imposed thereon, in violation of terms of suspension, or in violation of any regulation,
provision, or amendment under this Code shall be in violation of this Code, including any
person who unlawfully trespasses upon any premises licensed by this Code without the
consent of the licensee and/or the TGC, shall be subject to punishment in accordance with the
provisions of 100 Section 22 hereinafter. The TGC shall determine whether to consider the
issuance of sanctions if the Fort Hall Business Council requests such consideration by formal
resolution stating the purpose of the inquiry. Nothing herein shall be interpreted to limit the
liability of such individuals in tribal, state or federal court.

100 Section 21 Violations of Code — Punishment. By accepting a license, the licensee is
consenting to the civil jurisdiction of the TGC and is consenting to the jurisdiction of the
Tribe. Any violation of this Code shall be subject to a fine of no more than twenty-five
thousand dollars ($25,000.00) for each separate count or violation. Each day of violation
shall constitute a separate violation under this Code. A violator may also be required to pay
TGC costs, storage fees, and auction or sales fees. All property used or which may be used
in each and every separate violation of this Code may become the property of the Tribe;
persons may be prohibited from trespassing on premises licensed under this Code, licenses
may be suspended, revoked, or limited and/or establishments may be forcibly closed. All
such action shall be taken at the discretion of the TGC. Winnings found to have been
received in violation of this Code are forfeited and become the property of the Tribe.

100 Section 22 Procedure Regarding Enforcement Actions. The TGC shall promulgate
regulations protecting the rights of all individuals and entities subject to the enforcement of
this Code. Such regulations shall provide, at a minimum:
a) Provide standards for emergency or summary suspension of license; and
b) Provide fair notice and opportunity for hearing regarding any revocation or
suspension of license, and regarding any enforcement action taken, or proposed to be
taken pursuant to this Code.

100 Section 23 Special Agents. The TGC may authorize special agents appointed pursuant
to and otherwise in compliance with tribal law, to perform services reasonably necessary to

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