Ms. Leanne Walker Grant 

Tribal Chairperson 

Table Mountain Rancheria 

Post Office Box 41 0 

Friant, CA 93626 

Re: Revised Tribal Gaming Ordinance 

Dear Ms. Walker Grant: 

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

(NIGC) to review and approve the Revised Table Mountain Rancheria Tribal Gaming 

Ordinance, resolution No. 2006-1 1, enacted by the Tribal Council on August 22,2006. 

This letter constitutes approval of your submission under the Indian Gaming Regulatory 

Act (IGRA). It is important to note, however, that approval is granted for gaming only 

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

evised Tribal Gaming Ordinance for review and approval. 

ard to working with you and the Tribe on future gaming 

Chairman 

cc: Loretta Tuell, Legal Counsel 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 www.NlcC.Gov 

REGIONAL OFFICES Portland. OR; Sacramento, CA; Phoen~x. AZ; St. Paul. MN;Tuka, OK 
Leanne Walker-Grant 

Tribal Chairperson 

Rob Castro 

Tribal Vice-Chairperson 

Craig Martinez 

Secretaryflreasurer 

Ray Barnes 

Member at Large 

Aaron Jones 

Member at Large 

23736 

Sky Harbour Road 

Post Office 

Box 410 

Friant 

California 

93626 

(559) 822-2587 

Fax 

(559) 822-2693 

TABLE MOUNTAIN RANCHER1.A - 

TRIBAL GOVERNMENT OFFICE 

86~ 

'1 

4e6 

TABLE MOUNTAIN RANCHERIA 

TRIBAL COUNCIL RESOLUTION 

NO. 2006-11 

A RESOLUTION TO ADOPT THE TABLE MOUNTAIN RANCHERIA 

GAMING ORDINANCE WHICH SHALL SUPERCEDE AND REPLACE 

THE CURRENT GAMING ORDINANCE ADOPTED ON OCTOBER 17, 

2000 AND TO AUTHORIZE ITS SUBMISSION TO THE NATIONAL 

INDIAN GAMING COMMISSION 

WHEREAS, 

WHEREAS, 

WHEREAS, 

WHEREAS, 

WHEREAS, 

WHEREAS, 

WHEREAS, 

the Table Mountain Rancheria is a federally recognized 

Indian Tribe with the inherent sovereignty to make its own 

laws and be governed by them; and 

the Table Mountain Rancheria adopted a Constitution and 

Bylaws in 1980, as amended; and 

the Table Mountain Rancheria Constitution and Bylaws 

authorizes the Table Mountain Rancheria Tribal Council to 

a.dopt ordinances as needed; and 

the Table Mountain Rancheria Tribal Council adopted the 

"Table Mountain Ranclieria Gaming Ordinance" on 

October 17, 2000 to govern tribal gaming activities on the 

Rancheria; and 

the Table Mountain Rancheria Tribal Council desires to 

replace the enacted Gaming Ordinance adopted in 2000 

with a new Gaming Ordinance to better serve the gaming 

interests of the Tribe, attached as Exhibit A; and 

the Table Mountain Rancheria Tribal Council further 

desires to submit the new enacted Gaming Ordinance to the 

National Indian Gaming Commission ("NIGC") for final 

approval incompliance with federal regulatory 

requirements; and 

the Table Mountain Rancheria Tribal Council finally 

desires to authorize the effective date of the new Gaming 

Ordinance to coincide with the NIGC's final regulatory 

approval or by operation of law; and 
NOW, THEREFORE BE IT RESOLVED that the Table Mountain Tribal 

Council hereby adopts the attached Table Mountain Rancheria Gaming Ordinance 

which shall supercede and replace the current Gaming Ordinance adopted on 

October 17, 2000 to be effective and implemented upon the final approval of the 

new Gaming Ordinance by the NIGC or by operation of law. The Tribal Council 

further authorizes the submission of Resolution and the attached Gaming 

Ordinance to the NIGC in accordance with 25 CFR Part 522. 

CERTIFICATION 

The forgoing resolution was adopted by a vote of 3 for and 0 against 

0 abstentions, at a duly called meeting of the Tribal Council, at which a 

quorum consisting of 3 Tribal members were present, on day of 

August 2006. 

- 

Table Mountain Rancheria 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

$6~ CHAPTER 1 FINDINGS AND INTENT '1 

"?& 

1.1 Findings: 

The Table Mountain Rancheria Tribal Council on behalf of the General Council finds 

that: 

1.1.1 

1.1.2 

1.1.3 

1.1.4 

1.1.5 

1.1.6 

1.1.7 

1.1.8 

Tribal regulation and control of all Gaming and its supportive activities 

and components within the jurisdiction of the Tribe is essential for the 

protection of public health and welfare of the Tribe and visitors to the 

Tribal community. 

The Tribe has the legal authority to license, regulate, and oversee any 

Gaming Activity and its supportive activities and components within the 

jurisdiction of the Tribe. 

Properly licensed and regulated Gaming is in conformance with 

announced Federal policy promoting Indian self-government and Indian 

Tribal economic self-sufficiency. 

It is essential that the Tribal Council ensure that Gaming Activities are 

regulated in a manner commensurate with applicable Tribal, Federal and 

State law and policy. 

The present needs of the Tribe are not adequately addressed by State and 

Federal programs including the need for increased employment, training, 

housing, health care, nutrition, educational opportunities, Table Mountain 

Rancheria preservation of culture, social services and community and 

economic development. 

Tribal operation and licensing of Gaming is a legitimate means of 

generating revenue to address the aforementioned needs and pursuing the 

Tribe's goal of self-sufficiency and self-determination. 

The State, in recognition of the Tribe's sovereign right and need for 

Gaming, has entered into a TribalIState Compact ("Compact") pursuant to 

the terms and conditions of the Indian Gaming Regulatory Act. 

As a result of the foregoing, the adoption of a new and expanded Gaming 

Ordinance is in the best interest of the Tribe and State. 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

1.2 Intent: 

The Tribal Council, on behalf of the Tribe, declares that the intent of this Gaming 

Ordinance is to: 

Regulate, control, and oversee Gaming within the jurisdiction of the Tribe. 

State, declare and otherwise clarify that a License related to Gaming is a 

revocable privilege, not a right. 

Ensure that the operation of tribally regulated Gaming can continue as a 

means of generating Tribal revenue. 

Ensure that Gaming is conducted fairly and honestly by both Licensees 

and players, and that it remains free from corrupt, incompetent, 

unconscionable and dishonest practices. 

CHAPTER 2 

Encourage Tribal economic development and employment opportunities. 

Ensure that all Gaming revenue is used for the benefit of the Tribe and its 

community. 

Ensure that the Tribe provides a fair and impartial forum for the resolution 

of Gaming disputes. 

Ensure that Tribal Gaming laws, regulations, policies and procedures are 

strictly and fairly enforced upon Persons involved in Gaming Activity 

within the jurisdiction of the Tribe. 

DEFINITIONS 

Unless a different meaning is clearly indicated in this Tribal Gaming Ordinance, the 

terms used herein shall have the same meaning as defined in the Indian Gaming 

Regulatory Act (IGRA), 26 U.S.C. 5 2701 et. seq., and its regulations, 25 C.F.R. 5 500 et 

seq. 

"Applicant" means an individual or entity that applies for a License. 

"Associated Gaming Device" means any integral part, as deemed by the sole discretion 

of the Gaming Commission, to a slot machine, including any electronic, 

electromechanical, electrical, or video device that, for consideration, permits 

individual play with or against that device or the participation in any electronic, 

electromechanical, electrical, or video system to which that device is connected; 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

and any component or machine used remotely or directly in connection with 

Gaming that would not otherwise be classified as a Gaming Device but that may 

affect or play a role in the determination of wins or the size of a prize or jackpot. 

This also includes Class I1 and Class I11 supportive or component equipment 

including bingo paper, dice, playing cards, links that connect to progressive 

Gaming Devices, equipment that affects or assists the reporting of gross revenues, 

computerized systems for monitoring Gaming Devices and devices for weighing 

or counting money. 

"Business Day" means any day of the week excluding Saturday, Sunday or any Holiday 

as designated by the Tribal Council. 

"Cheating" means a Person's operating or playing in any game in a manner in violation 

of the approved Gaming Facility rules, regulations, and policies and procedures of 

the game, with the intent to create for himself or someone in privity with him an 

advantage over and above the chance of the game, including anyone who aids, 

abets, assists, or encourages such activity. 

"Class I Gaming" means the forms of Class I gaming defined as such in 25 U.S.C. Sec. 

2703(6) and by regulations of the NIGC. 

"Class I1 Gaming" means the forms of Class I1 gaming defined as such in 25 U.S.C. 

Sec. 2703(7) and by regulations of the NIGC. 

"Class I11 Gaming" means the forms of Class I11 gaming defined as such in 25 U.S.C. 

Sec. 2703(8) and by regulations of the NIGC. 

"Determination of Suitability" means a formal finding by the Tribal Gaming 

Commission or State Gaming Agency that the Applicant or Licensee is suitable to 

obtain and/or maintain a Tribal License. 

"Employee" means any person who is employed by the Table Mountain Casino or the 

Table Mountain Rancheria Gaming Commission. 

"Financial Sources" means any person extending financing, directly or indirectly, to the 

Tribe's Gaming Facility or Gaming Operation, with the exception of any federally 

regulated or State regulated bank, savings and loan, or other federally or State 

regulated lending institution; or any agency of the federal, State, or local 

government; or any investor who, alone or in conjunction with others, holds less 

than 10% of any outstanding indebtedness. 

"Gaming Activities" means the Class I, Class I1 and Class I11 gaming activities 

authorized under Tribal Law or under the Indian Gaming Regulatory Act. 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

"Gaming Device" means a slot machine, including an electronic, electromechanical, 

electrical, or video device that, for consideration, permits individual play with or 

against that device or the participation in any electronic, electromechanical, 

electrical, or video system to which that device is connected; the playing of games 

thereon or therewith, including, but not limited to, the playing of facsimiles of 

games of chance or skill; the possible delivery of, or entitlement by the player to, 

a prize or something of value as a result of the application of an element of 

chance; and a method for viewing the outcome, prize won, and other information 

regarding the playing of games thereon or therewith; including any other Game or 

Device authorized by Tribal Law, IGRA, the National Indian Gaming 

Commission (NIGC), or TribaVState Compact. 

"Gaming Employee" means any person who (1) operates, maintains, repairs, assists in 

any Class I1 or Class I11 gaming activity, or is in any way responsible for 

supervising such gaming activities or persons who conduct, operate, accounts for, 

or supervise any such gaming activity, (2) is in a category under federal or tribal 

law requiring licensing, or (3) is a person whose employment duties require 

access to areas of the Gaming Facility or to information that are not 

openJaccessible to the public. 

"Gaming Facility" means any building in which Class I1 or Class I11 gaming activities or 

gaming operations occur, or in which the business records, receipts, or other funds 

of the gaming operation are maintained (but excluding offsite facilities primarily 

dedicated to storage of those record, and financial institutions), and all rooms, 

buildings, and areas, including parking lots and walkways, a principal purpose of 

which is to serve the activities of the gaming operation. 

"Gaming License" means a revocable license issued by the Tribal Gaming Commission 

to any employee, person or entity authorizing the licensee to engage in gaming 

activities within the Gaming Operation. All Gaming Licenses must be renewed 

every two (2) years. 

"Gaming Operation" means the business entity that is licensed by the Tribal Gaming 

Commission to offer and operate gaming as authorized by Tribal Law, IGRA, 

NIGC, or the Tribal-State Compact. 

"Gaming Ordinance" means a tribal ordinance or resolution duly adopted by the Tribe 

authorizing or permitting Class I gaming, if applicable, and any Class I1 or Class 

111 Gaming Activities on the Tribe's Indian lands and approved under the NIGC. 

"Gaming Resources" means any goods or services provided or used in connection with 

Class I1 or Class I11 Gaming Activities, whether exclusively or otherwise, 

including, but not limited to, equipment, furniture, gambling devices and ancillary 

equipment, implements of gaming activities such as playing cards and dice, 

furniture designed primarily for Class I1 or Class I11 gaming activities, 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

maintenance or security equipment and services, and Class I1 or Class I11 gaming 

consulting services. Gaming Resources does not include professional accounting 

and legal services. 

"Gaming Resource Supplier" means any person or entity who, directly or indirectly, 

manufactures, distributes, supplies, vends, leases, or otherwise purveys Gaming 

Resources to the Gaming Operation or Gaming Facility, provided that the Tribal 

Gaming Commission may exclude a purveyor of equipment or furniture that is not 

specifically designed for, and is distributed generally for use other than in 

connection with Gaming Activities, if the purveyor is not otherwise a Gaming 

Resource Supplier and the compensation received by the purveyor is not grossly 

disproportionate to the value of the goods or services provided, and the purveyor 

is not otherwise a person who exercises a significant influence over the Gambling 

Operation. This also includes all persons, entities, or organizations that offer any 

consulting services related to Gaming. 

"General Manager" means the Casino President, CEO, Manager, or any other entity or 

person designated by the Tribal Council andlor Casino Board of Directors 

authorized to oversee and handle the day-to-day operations and management of 

the Gaming Operation and/or Gaming Facility. 

"Indian Gaming Regulatory Act ("IGRA")" means the Indian Gaming Regulatory Act 

of 1988 (P.L. 100-497, 18 U.S.C. Section 1166 et seq. and 25 U.S.C. Section 

2701 et seq.) any amendments thereto, and all regulations promulgated there 

under. 

"Indian Lands" means: 

Lands within the limits of the Tribe's exterior boundaries, whereby it exercises 

sovereign jurisdiction over such lands, notwithstanding the issuance of any patent 

and including rights-of-way running through such lands; and 

Land title to which is either held in trust by the United States for the benefit of the 

Tribe or individual Indian or held by the Tribe subject to restriction by the United 

States against alienation and over which the Tribe exercises governmental 

powers; and 

Lands that may be acquired by the Tribe that meet the requirements of 25 U.S.C. 

Section 27 19 et. seq. 

"Key Employee" means: 

(1) a person who performs one or more of the following functions: 

(a) Bingo caller, supervisor, cashier; 

(b) Counting room supervisor, personnel, and drop team personnel; 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

Chief of security, and all security personnel; 

Custodian of gaming supplies or cash; 

Floor manager; 

Pit boss; 

Dealer; 

Croupier; 

Any cashier; 

Approver of credit; 

Any employee engaged in finance or accounting functions; or 

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 per year; or 

(3) If not otherwise included, the four most highly compensated persons in the 

gaming operation; or 

(4) If not otherwise included, any other Person who supervises or directs other 

employees engaged in the control of Gaming assets and revenues and record 

keeping, including the recording of cash and evidences in indebtedness, and 

the maintenance, review, or control of the records, accounts, and reports of 

transactions; or 

(5) If not otherwise included, any other person who is designated as a key 

employee under the Tribal-State compact. 

"License" means any revocable tribal license, permit, certification, registration, or other 

document issued by the Tribal Gaming Commission. 

"Licensee" means any employee, enterprise, entity, facility, key employee, person, 

primary management official, union or union organizers, financial source or 

vendor that has obtained a valid License from the Tribal Gaming Commission. 

"Net Win" means gross gaming revenues of the Gaming Operation less amounts paid out 

for prizes; and total gaming-related operating expenses, excluding management 

fees, as well as the term "net win" as defined by the American Institute of 

Certified Public Accountants. 

"NIGC" means the National Indian Gaming Commission as established by the IGRA. 

"Non-Gaming Employee" means any employee of the Gaming Operation who does not 

otherwise fall into the definition of Gaming Employee, Key Employee or Primary 

Management Official. 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

"Renewable License" means all Licenses issued by the Tribal Gaming Commission that 

are required to be renewed on a periodic basis and are subject to revocation in 

accordance with this Gaming Ordinance or any regulations of the Tribal Gaming 

Commission. 

"Person" means any individual, entity, partnership, joint venture, corporation, 

enterprise, organization, affiliations, financial sources or institution, union or 

union organizers, joint stock company, company, firm, association, trust, estate, 

club, business trust, municipal corporation, society, receiver, assignee, trustee in 

bankruptcy, political entity and any owner, director, officer or employee of any 

such entity or any group of individuals acting as a unit, whether mutual, 

cooperative, fraternal, nonprofit, or otherwise, and other business of any type, the 

government of the Tribe, any governmental entity of the Tribe or any of the above 

listed forms of business entities that are wholly owned or operated by the Tribe; 

provided, however, that the term does not include the Federal Government and 

any agency thereof. 

"Player" means a Person participating in any Gaming Activity at the Gaming Facility or 

Gaming Operation. 

"Primary Management Official" means: 

(1) The person having management responsibility for a management contract; 

(2) Any person who has authority to: 

(a) hire and fire employees; or 

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

(3) The Chief Financial Officer or other person who has financial management 

responsibility. 

"State" means the State of California or an authorized official or agency thereof. 

"State Gaming Agency" means the entities authorized to investigate, approve, and 

regulate gaming licenses pursuant to the Gambling Control Act (California 

Business and Professions Code Sections 19800 through 19984, Division 8, 

Chapter 5, Articles 1-1 5). 

"Temporary License" means any License issued by the Tribal Gaming Commission for 

a limited purpose or term, which may be made conditional and is subject to 

revocation in accordance with this Gaming Ordinance or any regulations of the 

Tribal Gaming Commission. 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

"Tribal Chairperson" means the person duly elected or selected under the Tribe's 

organic documents, customs, or traditions to serve as the primary spokesperson 

for the Tribe. 

"Tribal Gaming Commission" means the person, agency, board, committee, 

commission, or council designated under tribal law, including, but not limited to, 

an intertribal gaming regulatory agency approved to fulfill those functions by the 

NIGC, established to perform regulatory oversight and to monitor compliance 

with Tribal, Federal, and applicable State regulations. 

"Tribal-State Compact" means the gaming compact between the Table Mountain 

Rancheria and the State of California including all approved memorandums of 

understanding or agreement, amendments, revisions and modifications. 

"Tribe" means the Table Mountain Rancheria, a federally recognized Indian tribe, or an 

authorized official or agency thereof. 

CHAPTER 3 GENERAL PROVISIONS 

3.1 gamin^ Authorized 

All forms of Class I1 and Class I11 gaming activities are hereby authorized. Class I 

gaming shall only come under the purview of this Gaming Ordinance's jurisdiction if it is 

being offered within the Gaming Facility or operated under the guise or sponsorship of 

the Gaming Operation. 

3.2 Ownership of Gaming 

The Tribe shall maintain the sole propriety interest in and responsibility for the conduct 

of all Class I1 and Class I11 gaming activities authorized by this Ordinance, with the 

exception of gaming machines leased or on contract for lease-purchase from a Gaming 

Resource Supplier. 

3.3 Use of Gaming Revenue 

3.3.1 Net revenue from the tribal gaming shall be used for the following 

purposes: 

(1) To fund Tribal government operations or programs. 

(2) To provide for the general welfare of the Tribe and its members. 

(3) To promote Tribal economic development. 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

(4) To donate to charitable organizations. 

(5) To help to fund operations of local government agencies. 

3.3.2 If the Tribe elects to make per capita payments to tribal members, it shall 

authorize and issue such payments only in accordance with a revenue 

allocation plan submitted to and approved by the Secretary of Interior 

under 25 U.S.C. 5 2710(b)(3). 

3.4 Designation of Registered Agent 

The Tribe hereby designates its Tribal Chairperson as the agent for service of process. 

3.5 Title, Repeal of Prior Laws, and Effect of Repeal 

This Gaming Ordinance may be cited as the Table Mountain Rancheria Gaming 

Ordinance or "Gaming Ordinance". The Gaming Ordinance shall be appropriately 

inserted in the Tribe's governing documents. 

3.5.1 All titles, chapters and sections of the Tribal Gaming Ordinance which 

pertain to gaming and are in effect as of the date that this Gaming 

Ordinance becomes operative, are hereby repealed, and all other laws, or 

parts thereof, inconsistent with the provisions of this Gaming Ordinance 

are hereby repealed. 

3.5.2 Repeal of this Gaming Ordinance, or any portion thereof, shall not have 

the effect of reviving any prior Law, Ordinance, or Resolution theretofore 

repealed or suspended. 

3.6 Construction 

In construing the provisions of this Gaming Ordinance, unless the context otherwise 

requires, the following shall apply: 

3.6.1 This Gaming Ordinance shall be liberally construed by the Tribal Gaming 

Commission to affect its purpose and to promote substantial justice. 

3.6.2 Words in the present tense include the future and past tenses. 

3.6.3 Words in the singular number include the plural, and words in the plural 

number include the singular. 

3.6.4 Words of the masculine gender or neuter include masculine and feminine 

genders and the neuter. 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

3.7 Severabilitv 

If a court of competent jurisdiction invalidates any section of this Gaming Ordinance, the 

remaining sections shall not be affected thereby. Nothing in this Gaming Ordinance shall 

be deemed, construed, or interpreted as waiver of the Tribe's sovereign immunity; or as 

consent to the jurisdiction of any Federal, State or other Court or Tribunal. 

3.8 Effective Date 

The Gaming Ordinance shall become effective upon the date enacted by the Tribal 

Council and approval by NIGC. 

CHAPTER 4 TRIBAL GAMING COMMISSION 

4.1 Establishment, Purpose and Autonomous Authoritv of the Tribal Gaming 

Commission 

4.1.1 Establishment The Tribal Gaming Commission is hereby established. 

The Tribal Gaming Commission's duty is to regulate the Gaming 

Operation and shall exercise all powers and authority necessary to 

effectuate and perform the purposes and duties assigned pursuant to this 

Gaming Ordinance, and shall not be limited by the enumeration of powers 

in this chapter. The Tribal Gaming Commission shall promulgate rules 

and regulations for the operation of any Gaming Facility and shall hear 

and resolve all disputes regarding any provision of the Gaming Ordinance. 

In all decisions, the Tribal Gaming Commission shall act to promote and 

ensure integrity, security, honesty, and fairness of the operation and 

administration of gaming and ancillary activities of the Gaming Operation. 

4.1.2 Purpose The purpose of the Tribal Gaming Commission is regulatory, not 

managerial. The Tribal Gaming Commission will conduct oversight to 

ensure compliance with Tribal, Federal and, if applicable, State laws and 

regulations. The Tribal Gaming Commission will serve as the licensing 

authority for individuals employed in the Gaming Operation as well as any 

other person or entity required to be licensed under this Gaming 

Ordinance or Tribal, Federal or applicable State Law. The Tribal Gaming 

Commission will conduct and administer background investigations as 

part of the licensing process. The Tribal Gaming Commission will also 

have a role in monitoring compliance with the internal control standards 

for the Gaming Operation an in tracking revenue. In order to carry out its 

regulatory duties, the Tribal Gaming Commission shall have unrestricted 

access to all areas of the Gaming Operation and to all records. The Tribal 

Gaming Commission shall have authority to take enforcement actions, 

including suspension or revocation of an individual's license when 

appropriate. 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

4.1.3 Autonomv This Gaming Ordinance provides for the Tribal Gaming 

Commission's autonomous authority. Notwithstanding the fact that the 

Tribal Gaming Commission is an agency of Tribal Government, the 

decisions of the Tribal Gaming Commission regarding licensing, 

suitability, compliance with applicable law and other regulatory matters 

shall be within the exclusive province of the Tribal Gaming Commission 

and shall be subject to appeal only to the Tribal Council or as set forth in 

this Gaming Ordinance or by the Tribal Gaming Commission's 

regulations. 

4.2 Duties, Powers, and Responsibilities 

The Tribal Gaming Commission shall have the responsibility and duty to: 

Develop licensing procedures for all employees, vendors, and other 

persons or entities that provide services to or are employed by the Gaming 

Operation or Facility. 

Issue, suspend, revoke, and/or renew any License issued by the Tribal 

Gaming Commission. 

Conduct background investigations on any and all Applicants for a 

License. 

Review a person's prior activities, criminal record, if any, reputation, 

habits and associations to make a finding concerning the eligibility of any 

and all Applicants for a License. 

Forward to NIGC completed employment applications for key employees 

and primary management officials that contain the notices and information 

listed in 25 C.F.R. Sections 556.2, 556.3 and 556.4 which includes the 

Privacy Act notice and the notice regarding false statements pursuant to 25 

C.F.R. Sec. 558.3. 

Forward a completed background investigation report for each key 

employee and primary management official to the NIGC prior to issuing a 

License. Pursuant to 25 C.F.R. 556.4. 

Notify the NIGC if, after conducting a background investigation on a key 

employee or primary management official, the Tribe does not issue a 

License to the Applicant pursuant to 25 C.F.R. Sec. 522.4(b)(6). 

Retain applications and reports of background investigations of key 

employees and primary management officials for no less than three (3) 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

years from the date of termination of employment pursuant to 25 C.F.R. 

Sec. 558.l(c). 

Issue separate Licenses to each place, facility, or location on Indian lands 

where the Tribe elects to allow Class I1 andlor Class I11 gaming pursuant 

to 25 C.F.R. Sec. 522.4(b)(6). 

Ensure that the Gaming Facility is constructed, maintained and operated in 

a manner that adequately protects the environment and the public health 

and safety pursuant to include 25 C.F.R. 522.4(b)(7). 

Conduct or have independent audits performed on the Gaming Operation. 

Obtain annual independent outside audits and submit these audits to the 

NIGC pursuant to 25 C.F.R. Sec. 522.4(b)(3). The scope of these audits 

should include all gaming related contracts that result in purchases of 

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

consecutive twelve month period, except contracts for professional legal 

or accounting services 

Ensure that net revenues of the Gaming Operation or Facility are used in 

accordance with Tribal Law 

If the Tribe authorizes individually owned gaming, issue licenses 

according to the requirements contained in this Gaming Ordinance and 25 

C.F.R. Sec. 522.10 and 522.1 1. 

Promulgate Tribal Gaming Regulations pursuant to Tribal, Federal, and 

applicable State law. 

Monitor the Gaming Operation or Facility activities to ensure compliance 

with all applicable Tribal, Federal, and State Laws, as wells as all 

applicable rules, regulations, policies and procedures. 

Inspect, review, audit and copy documents from any Department of the 

Gaming Operation or Facility including but not limited to the Marketing, 

Shipping & Receiving, and Food & Beverage Departments, and any other 

Department that the Gaming Commission deems necessary or as directed 

by the Tribal Council. 

Interact with other regulatory and law enforcement agencies regarding the 

regulation and enforcement of the Gaming Operation 

Conduct investigations of possible gaming violations and take appropriate 

enforcement action with respect to Tribal law and regulations consistent 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

with the Games Authorized in Section 3.1. 

Provide independent reports and information to the Tribal Council on the 

regulatory status of the Tribe's Gaming Operation. 

Take testimony and conduct hearings on regulatory and other matters, 

including matters related to the suspension or revocation of any Tribal 

License. 

Establish and approve minimum internal control standards, policies, 

and/or procedures for the Gaming Operation, including the policies and 

procedures for acquiring supplies and equipment. 

Establish any supplementary criteria for the issuance of any License. 

Maintain records on licenses and on persons denied licenses including 

persons otherwise prohibited from engaging in gaming activities within 

the Tribe's jurisdiction. 

Perform audits of the Gaming Operation or Facility to ensure compliance 

with rules, regulations, policies and/or procedures. 

Establish or approve rules of all Games Authorized pursuant to Section 3.1 

herein, and inspect games, tables, equipment, machines, cards, dice, and 

chips or tokens used in the Gaming Operation. 

Manage and operate a fully functional surveillance room pursuant to 

NIGC standards. As the Tribal Gaming Commission deems appropriate, 

the surveillance system may exceed NIGC standards. 

Establish standardslcriteria for gaming machines and facilitate the testing 

of machines for compliance. 

Establish and assess fees for the purpose of covering administrative costs 

incurred in the issuance of a License or the investigation of a License 

application. 

Adopt a schedule of fees for services rendered relating to transcripts and 

the furnishing or certifying of copies of proceedings, files, and records. 

Issue orders of temporary, full or partial closure of a Gaming Facility upon 

the determination of the Tribal Gaming Commission that immediate 

closure is necessary to protect the health, safety, assets, or interests of the 

Tribe or the employees or patrons. 
TABLE MOUNTAIN RANCHERIA 

TRIBAL GAMING ORDINANCE 

(32) Seek to become self-regulating and upon eligibility apply for a certificate 

of self-regulation from the NIGC pursuant to 25 C.F.R. Part 5 18. 

(33) Exercise any other duty, power, or responsibility authorized, assigned or 

required by the Tribal Council or delegated to the Tribal Gaming 

Commission by Tribal, Federal or applicable State Law. 

4.3 Number of Commissioners and Selection 

The Tribal Gaming Commission shall be composed of three (3) persons, or as many 

persons as may be designated by the Tribal Council, all of who shall be appointed by the 

majority vote of Tribal Council. 

4.4 Officers and Duties 

The Tribal Council shall appoint, by majority vote, which of the Tribal Gaming 

Commissioners shall serve as Chairperson, Vice-Chairperson and SecretaryITreasurer. 

The Chairperson shall preside over meeting of the Tribal Gaming Commission and the 

Vice-Chairperson shall preside in absence of the Chairperson. The SecretaryITreasurer 

shall monitor all funds designated to the Tribal Gaming Commission by way of 

appropriations, fee, and/or fines, etc., and shall be responsible for administration of the 

Annual Budget. 

4.5 Qualifications 

The Tribal Gaming Commissioners shall be a member of the Tribe or a person with 

adequate experience in gaming operations, the practice of gaming law, gaming control or 

regulation, law enforcement, business administration, or accounting. 

4.6 Disqualifications 

The following persons may not serve as Commissioners: 

(a) Employees of the Tribe's Gaming Operation; 

(b) Persons related to any gaming contractor (including any principal thereof or 

closely associated independent contractor); 

(c) Persons having any interest in or responsibility for, either directly or 

indirectly, any gaming related contract with Tribe or the Gaming Operation. 

4.7 Restriction on Commissioners 

Commissioners may not gamble in the Gaming Facility nor may they have any personal 

financial interest in any gambling by any patron of the Gaming Facility. 
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TRIBAL GAMING ORDINANCE 

4.8 Terms of Office 

The Commissioners shall serve at the discretion of Tribal Council. 

4.9 Compensation, Fringe Benefits, Reimbursement of Expenses 

Commissioners shall be compensated for serving on the Commission at rates to be set by 

the Tribal Council. Increases may be allowed based on length of service. Commissioners 

shall be eligible for fringe benefits that are available to other employees of the Tribal 

Government in accordance with current policy. Commissioners shall be reimbursed for 

expenses incurred in connection with the performance of their Commission duties 

including necessary and reasonable travel expenses. 

4.10 Method of Removal 

Commissioners may only be removed from office by the Tribal Council for neglect of 

duty, malfeasance or other good cause shown, as determined by the Tribal Council on a 

case by case basis. The Commissioner should be afforded an opportunity to be heard on 

the proposed removal; however, the decision of the Tribal Council shall be final and not 

subject to appeal. 

4.1 1 Vacancies 

If any Commissioner shall die, resign, be removed, or for any reason be unable to serve 

as a Commissioner, the Tribal Council shall declare hislher position vacant and shall hire 

another Person to fill the position as soon as practicable. 

4.12 Procedures for Conducting Business 

1 meet on a regular basis either in person or by telephone. 

A. Meetings. 

Commissioners shal 

B. Voting. 

Actions, votes or business may be conducted by any number of the 

Commissioners or Gaming representatives as designated by the Chairperson 

of the Tribal Gaming Commission. 

The Tribal Gaming Commission is empowered to adopt, amend, and repeal regulations, 

subject to final approval by the Tribal Council, to effectuate the provisions of the Tribal 

Gaming Ordinance and the Tribe's gaming policy, which shall include, but shall not be 
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TRIBAL GAMING ORDINANCE 

limited to, the following: 

The Minimum Internal Control Standards ("MICS") as issued by the 

NIGC; 

Interpretation and application of this Gaming Ordinance, as may be 

necessary to enforce the Tribal Gaming Commission's duties and exercise 

its powers; 

A regulatory system to oversee and ensure the integrity of the Gaming 

Operation. 

The findings of any reports or other information required by or necessary 

to implement this Gaming Ordinance; and 

The conduct of inspections, investigations, hearings, enforcement actions 

and other powers of the Tribal Gaming Commission authorized by this 

Gaming Ordinance. 

4.14 Due Process; Notice; Hearin~s; Examiner: 

The Tribal Gaming Commission shall provide due process and an opportunity to be heard 

in connection with the enforcement of the gaming ordinance, rules, regulations, policies 

and procedures. 

4.14.1 No Hearing, Voluntary Resolution: Whenever it appears to the satisfaction 

of the Tribal Gaming Commission that all of the parties involved in any 

proposed hearing have agreed concerning the matter at hand, the Tribal 

Gaming Commission may dispose of or resolve the issue without a 

hearing. 

4.14.2 Notice of Hearing: The Tribal Gaming Commission will, within a 

reasonable time period, issue a written notice of hearing setting forth the 

issue to be resolved and the date and time of the hearing. The Commission 

reserves the right to continue the hearing beyond the original date and 

time. 

4.14.3 Hearing: The Tribal Gaming Commission will provide the affected parties 

the right to present oral or written testimony at the hearing. 

4.14.4 Examiner: The Tribal Gaming Commission shall act as the examiner at the 

hearing and may appoint a person knowledgeable in the subject matter to 

assist the Commission at the hearing. 

4.14.5 Final Decision: The Tribal Gaming Commission shall render a written 
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TRIBAL GAMING ORDINANCE 

opinion within a reasonable time following the conclusion of the hearing 

and investigation thereof. The Tribal Gaming Commission's 

determination, findings, or decision shall be final. 

4.15 Reporting 

On before the last day of the third month after the close of the Tribe's fiscal year, the 

Tribal Gaming Commission shall provide to the Tribal Council an Annual report 

summarizing its activities during the prior fiscal year. 

4.16 Personnel 

The Tribal Gaming Commission shall hire personnel necessary to ensure the proper 

enforcement of the provisions of the Tribal Gaming Ordinance or any other applicable 

law. 

4.17 Method of Funding 

All funding of the Tribal Gaming Commission shall be pursuant to an annual budget to 

be proposed to the Tribal Council in accordance with Tribal Policy. In preparing the 

annual budget, all actual and anticipated surplus funds of the Tribal Gaming Commission 

shall be taken into account. Expenditures by the Tribal Gaming Commission shall be in 

accordance with the approved annual budget. Changes in the approved annual budget 

and requests for additional funds shall be by petition to the Tribal Council 

4.18 Sovereign Immunity of the Tribal Gaming Commission 

4.18.1 Authority The Tribal Gaming Commission is an Agency of the Tribal 

Government with all privileges and immunities of the Tribe, including 

immunity from suit in any Federal, State or other Court or Tribunal. 

4.18.2 No Waiver Nothing in this Gaming Ordinance shall be deemed or 

construed as a waiver of sovereign immunity of the Tribal Gaming 

Commission, or consent to the jurisdiction of any Federal, State or other 

Court or Tribunal. 

CHAPTER 5 LICENSES 

5.1 Applicability: 

5.1.1 Every person, entity, or organization that seeks access to a non-public area 

at the Gaming Facility shall be required to obtain a License. 

(a) No person, entity, union or union organizer shall be allowed to access 

non-public areas or obtain confidential employee information without 
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TRIBAL GAMING ORDINANCE 

first obtaining a License from the Tribal Gaming Commission. 

(b) No person, entity, union or union organizer shall solicit, or attempt to 

organize any eligible employee in violation of the policies, procedures, 

regulations, or rules promulgated by the Tribal Gaming Commission. 

5.1.2 Every Vendor or Supplier (gaming resource or not) that provides or 

receives, or is likely to provide or receive at least Twenty-five Thousand 

Dollars in any twelve (12) consecutive month period from the Gaming 

Operation or Facility shall be required to obtain and maintain a valid 

License as issued by the Tribal Gaming Commission. 

5.1.3 Every Financial Source shall be required to obtain and maintain a valid 

License as issued by the Tribal Gaming Commission. 

5.2 Application Procedure: 

5.2.1 Submission to Tribal Gaming Commission: An Applicant seeking a 

License shall submit an Application to the Tribal Gaming Commission on 

such forms as the Tribal Gaming Commission requires. 

5.2.2. Privacy Act and False Statement The application form shall include the 

following notices: 

5.2.2.1 .Privacy Act: 

"In compliance with the Privacy Act of 1974, the solicitation of 

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

The purpose of the requested information is to determine the 

eligibility of individuals to be employed in a gaming operation. 

The information will be used by 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 

investigation of activities while associated with a tribe or a gaming 

operation. Failure to consent to the disclosures indicated in this 

notice may result in the Tribal Gaming Commission's inability to 

issue a License. The disclosure of your Social Security Number 

(SSN) is voluntary. However, failure to supply a SSN my may 

result in errors in processing your application." 
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TRIBAL GAMING ORDINANCE 

5.2.2.2. False Statement 

A false statement on any part of your application may result in 

the denial of a License by the Tribal Gaming Commission. 

5.2.3 Application Contents: The application may request the following 

information or such other additional information that the Tribal Gaming 

Commission considers relevant to the issuance of a License or such other 

information that is required by 25 C.F.R. Section 558 for key employees 

and primary management officials: 

The fwll name (and any other names used), address, telephone 

number, age, birth date and place, citizenship, gender, and social 

security number or business identification number of the 

Applicant. 

If the Applicant has resided at hisker current address for less than 

two years, hisker previous address. 

Key employees and primary management officials must provide all 

previous addresses and driver's license number used for the 

previous 5 years. 

The names and addresses of the Applicant's Immediate Family. 

The Applicant's criminal and civil record, if any, and an 

explanation of any crimes for which he has ever been arrested, 

convicted, been named or been a party to a civil suit. 

The names, addresses and telephone numbers of three references 

who are not related to the Applicant including one personal 

reference who was acquainted with the Applicant during each 

period of residence for the previous 5 years. 

A list of the Applicant's previous employment history during the 

past ten (1 0) years and current business telephone number. 

Identify all current and past ownership interest in any business 

ventures for the last ten (10) year; including the business' address. 

The disclosure of whether there is or has been a current or previous 

contractual relationship with any Indian tribe, casino or gaming 

related industry. 
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TRIBAL GAMING ORDINANCE 

The disclosure of whether the Applicant or any member of hisher 

Immediate Family has had a past or current financial interest in 

any gaming-related business, operation or enterprise. 

A list of all gaming-related licenses the Applicant has ever applied 

for, whether or not they were granted such license. 

A list of all professional, occupational, or business licenses the 

Applicant has ever applied for, whether or not they were granted 

such license. 

A statement of all languages written or spoken. 

Written permission giving the Tribal Gaming Commission or other 

authorized agencies or their designees the right to review the 

Applicant's background, including his criminal record. 

A sworn statement that if the License applied for is issued, the 

Applicant will submit to the jurisdiction of the Tribe. 

A sworn statement that the Applicant will abide by all applicable 

Tribal, Federal, and State laws, regulations and policies. 

A photograph of the Applicant taken within the past year. 

A signed affirmation or declaration stating that the information 

contained in the Application is true and correct. 

Fingerprints consistent with procedures adopted by the Tribe. 

5.2.4 Entities: In addition to the relevant information requested in 5.2.3, the 

Tribal Gaming Commission may request the following information or any 

other information it deems relevant. For the purposes of this section, the 

term entity or entities includes all businesses, corporations, organizations, 

unions, affiliations, associations, and other businesses of any type. 

(1) Each of its officers and directors; 

(2) Each of its principle management employees, including any chief 

executive officer, chief financial officer, chief operating officer, 

and general manager; 

(3) Each of its owners or partners, if an unincorporated business; 
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TRIBAL GAMING ORDINANCE 

(4) Each of its shareholders who own more than 10 percent of the 

shares of the corporation; 

(5) Each person or entity that, alone or in combination with others, has 

provided financing in connection with Gaming authorized under 

this Compact; and 

(6) All on-site representatives or agents thereof. 

5.3 Review of License A~plication: 

The Tribal Gaming Commission shall thoroughly review and conduct a background 

investigation for each License Application sufficient to make a determination of 

suitability as required under this Gaming Ordinance. The Tribal Gaming Commission's 

review and background investigation shall include, but is not limited to the following: 

The Tribal Gaming Commission shall require each Applicant to be 

fingerprinted. 

The Tribal Gaming Commission shall review the information provided in 

the License Application, including, but not limited to investigating and 

verifying the information listedlprovided in the License Application. 

The Tribal Gaming Commission shall compile a written report as to 

findings and conclusions of the background investigation, that includes but 

is not limited to: 

5.3.3.1 Steps taken in conducting a background investigation; 

5.3.3.2 Results obtained; 

5.3.3.3 Conclusions reached; and 

5.3.3.4 The bases for those conclusions. 

The Tribal Gaming Commission shall forward the required documents for 

each applicable Application to all authorized agencies. 

The Tribal Gaming Commission shall maintain the Applicant's file, - - 

including applications, background investigation reports, and eligibility 

determination reports for inspection by the NIGC, for no less than three 

(3) years from the date of termination of employment. 
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TRIBAL GAMING ORDINANCE 

5.3.6 The Tribal Gaming Commission, when it does not license an Applicant, 

shall notify the NIGC, as required, and forward copies of the Tribal 

Gaming Commission's eligibility determination report. 

5.4 License Application Submission to NIGC: 

The Tribal Gaming Commission shall forward to the NIGC fingerprints taken as part of 

the License Application for each key employee or primary management official 

Applicant. The NIGC will process to determine the Applicant's criminal history, if any. 

The Tribal Gaming Commission may contract with any entity, with approval from the 

Tribal Council, and authorize such entity to receive and process fingerprint cards for 

background investigation purposes, so long as such background investigation shall, at a 

minimum, include a check of criminal history records maintained by the Federal Bureau 

of Investigation. The Tribal Gaming Commission, if it chooses not to contract with any 

other entity, may designate the NIGC as its authorized entity for receiving and processing 

fingerprint cards for background investigation purposes, so long as such background 

investigation shall, at a minimum, include a check of criminal history records information 

maintained by the Federal Bureau of Investigation. 

5.5 Temporary Licensing: 

Notwithstanding anything herein to the contrary, if the Applicant has completed a 

License Application, the Tribal Gaming Commission may immediately issue a temporary 

License if: 

5.5.1 The Tribal Gaming Commission has conducted a preliminary, local, 

background investigation; and 

5.5.2 Based on the preliminary investigation, the information does not indicate 

that the Applicant has a criminal history. 

5.5.3 Licenses are valid only for the time period set by the Tribal Gaming 

Commission. 

5.6 Conditional Licensing: 

If the Tribal Gaming Commission finds that an Applicant should receive a Conditional 

License, the Tribal Gaming Commission shall: 

5.6.1 Clearly identify the reasons for issuing a Conditional License; 

5.6.2 Detail the specific provisions and conditions placed on the Conditional 

License; 

5.6.3 Detail the specific time frame in which the Licensee shall accomplish or 
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TRIBAL GAMING ORDINANCE 

complete the Conditions; 

5.6.4 Detail the provisions to review the completion o 

Renewable License to be issued. 

f the conditions for a 

5.7 Renewable License: 

5.7.1 Issuance Upon completion of the necessary background investigation, and 

after the Tribe has complied, where applicable, with the 30 thirty-day 

NIGC review requirements found in 25 C.F.R. $558.3 and $558.4, the 

Tribal Gaming Commission may issue a License on a conditional or 

unconditional basis. If the NIGC objects to an Applicant, the Tribe shall 

reconsider the Application, taking into account the reasons for the 

objections noted by NIGC. However, the Tribe shall have the final word 

on whether to license an Applicant. Nothing herein creates a property 

right in the License. 

5.7.2 Term Any License issued pursuant to this section shall be effective for a 

period of two (2) years from the date of issuance, subject to a periodic or 

random review of the Licensee's suitability determination. 

5.7.3 License (Badge) Shall include such information as required by the Tribal 

Gaming Commission. 

5.8 License Denial: 

Any initial Application for a License shall be denied if the Tribal Gaming Commission, 

after an adequate review, determines the Application is incomplete or deficient, or upon 

review of the Applicant's prior activities, criminal record, if any, and reputation, habits 

and associations that the employment of the Applicant poses a threat to the public interest 

or the effective regulation of gaming, or creates or enhances the danger of unsuitable, 

unfair or illegal practices and methods and activities in the conduct of gaming. If an 

Applicant is denied a License the Gaming Operation shall not employ the Applicant. 

5.9 Renewals: 

A Licensee shall petition to have the License renewed by applying to the Tribal Gaming 

Commission for a renewal before the License expires. Applicants may be required to 

provide updated material as requested. 

5.10 Licensee Responsibilitv: 

It is the sole responsibility of the Licensee to renew their License before it expires, and 

accordingly, the Licensee shall be held accountable for working under an expired 

License. 
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TRIBAL GAMING ORDINANCE 

5.1 1 Gaming Management Responsibility: 

Notwithstanding the foregoing, the employee's supervisor, including any relevant 

Manager will be held accountable by the Tribal Gaming Commission for any employee 

working without a current and valid License visually displayed. 

5.12 Requirement to Produce License Upon Request: 

Licensees must carry the License and visibly display the License during working hours 

and must produce the License upon request, provided, however, that certain Tribal 

Gaming Commission employees may be excluded from this requirement when it is 

necessary to preserve the health, safety or welfare of the Tribe. 

5.13 License Suspension or Revocation of License: 

5.13.1 Temporary Suspension or Revocation The Tribal Gaming Commission 

may suspend or revoke a License for any of the following reasons: 

The Licensee withheld pertinent information on the Application; 

The Licensee made false statements on the Application; 

The Licensee participated in, promoted, encouraged, or facilitated 

any illegal Gaming; 

The Licensee attempted to bribe a Tribal Council member, 

Commissioner or other Person, in an attempt to avoid or 

circumvent Tribal, Federal, or applicable State Law; 

The Licensee offered something of value to a Tribal Gaming 

Commission member; 

The Licensee knowingly promoted, played or participated in any 

Gaming operated in violation of Tribal, Federal, or applicable State 

Law; 

The Licensee is knowingly involved in the falsification of books or 

records; 

The Licensee violated this Gaming Ordinance or any rule, 

regulation, or law of the Tribe, Tribal Gaming Commission, 

Gaming Facility, or any other applicable government entity; 

The Licensee has been convicted or has entered a plea of nolo 
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TRIBAL GAMING ORDINANCE 

contendere to any crime involving gaming, fraud, theft, 

embezzlement or moral turpitude; 

The Licensee has refused to comply with any lawful order, inquiry 

or directive of the Tribal Gaming Commission, the Tribal Council, 

the Federal Government or any court of competent jurisdiction; 

The Licensee has been convicted of or entered a plea of nolo 

contendere to a crime of moral turpitude; 

The Licensee has been convicted or charged with a felony, so long 

as the temporary suspension is removed if the charges are 

subsequently dismissed; 

The Licensee has had a civil action or judgment filed or entered 

against him for conversion, embezzlement, misappropriation, theft, 

forgery, or any other claim that may affect the licensee's 

suitability; 

Failure to pay any fine or fee imposed by the Tribal Gaming 

Commission. 

Failure to submit any documents or other items requested by the 

Tribal Gaming Commission for the issuance or renewal of a Tribal 

License. 

Failure to follow or fulfill any conditions imposed or requests 

made by the Tribal Gaming Commission. 

5.13.2 Procedure for Suspension 

(1) Upon receiving information that calls into question a Licensee's 

suitability, the Tribal Gaming Commission or its designee may 

undertake an investigation, temporarily suspend, or serve upon such 

Licensee an order to show cause why the Licensee's License should 

not be revoked. 

(2) Additionally, if the NIGC notifies the Tribe that it has received reliable 

information indicating that a key employee or primary management 

official is not eligible for employment under 25 C.F.R. 5558.2, the 

Tribal Gaming Commission shall suspend such license and notify the 

Licensee in writing that hisfher license has been suspended and may be 

revoked. 
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TRIBAL GAMING ORDINANCE 

(3) Such notice shall state the reason for the suspension and/or order, and 

the time and place for the hearing before the Tribal Gaming 

Commission pursuant to Section 4.14 herein. 

(4) The Licensee shall have an opportunity to present testimony and to 

present any other evidence which helshe would like the Gaming 

Commission to consider in accordance with the policies, procedures, 

regulations, and rules promulgated by Tribal Gaming Commission 

(5) The hearing shall be governed in all respects in accordance with Tribal 

Law and the Tribal Gaming Commission's policies, procedures, 

regulations, and rules. 

5.13.3 Revocation of License After Expiration or Termination There shall be 

no statute of limitations for determining a Licensee's suitability in 

accordance with Tribal, Federal, applicable State Law, or any other 

applicable rule or regulation. Accordingly, the Tribal Gaming 

Commission's authority to revoke or suspend a License or to institute any 

proceeding pursuant to Section 4.14 or Section 5.13 herein shall survive 

the expiration of the employee's License or the termination of 

employment of the employee, provided that the event giving rise to the 

investigation, suspension, or termination occurred while the License was 

in effect. 

5.14 Enterprise License: 

Any Gaming Operation authorized by the Tribal-State Compact and this Gaming 

Ordinance shall be licensed by the Tribal Gaming Commission. The Tribal Gaming 

Commission shall issue a License if the following threshold criteria are met: 

5.14.1 The Gaming Operation is located on Indian land where the Tribe can 

lawfully engage in Gaming. 

5.14.2 The Gaming activity is authorized pursuant to this Gaming Ordinance, the 

Tribal-State Compact and the IGRA. 

5.14.3 The gaming activity is authorized by a Tribal Council Resolution. 

5.14.4 The Tribe has the sole proprietary interest and any Management Contract 

is valid under with Tribal and Federal law and is properly approved by the 

Chairperson of the NIGC. 

5.15 FacilitV License: 

The Gaming Facility authorized by the Tribal-State Compact and this Gaming Ordinance 
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TRIBAL GAMING ORDINANCE 

shall be licensed by the Tribal Gaming Commission. 

5.15.1 A Gaming Facility License shall be issued if the following criteria are met: 

(1) The construction, expansion or modification of the Gaming Facility 

shall comply with all Tribal and Federal applicable codes. 

(2) Upon the inspection of the health and safety of the building, and upon 

the inspection that all Gaming controls that are necessary to insure the 

integrity of the Gaming Operation, the Tribal Gaming Commission 

shall issue to the Facility, a Certificate of Occupancy, which shall be 

reissued upon similar inspections every two years. 

5.15.2 Upon the issuance of a Gaming Facility License, the Tribal Gaming 

Commission shall forward the License as required to all applicable Federal 

or State Agencies. 

5.1 5.3 The Gaming Facility License shall be posted in a conspicuous and public 

place inside the Gaming Facility at all times. 

5.16 State Gaming Agency Licensing: 

5.16.1 Except as provided in Sections 5.16.2 and 5.16.3 below, the Gaming 

Operation will not employ or affiliate with any Person whose application 

to the State Gaming Agency for a determination of suitability has been 

denied. 

5.16.2 Notwithstanding Section 5.16.1, the Gaming Operation may employ a 

Person who has been denied for a determination of suitability by the State 

Gaming Agency if: 

(1) The person holds a valid and current Tribal License; 

(2) The denial by the State Gaming Agency is based on reasons that 

antedate the filing of the person's initial application to the State 

Gaming Agency; 

(3) The person is not an employee of another Gaming Operation; 

(4) The person has been in continuous employ for at least three years by 

the Tribe prior to the effective date of the Compact. 

5.16.3 Notwithstanding Section 5.16.1, the Gaming Operation may employ a 

person who has been denied for a determination of suitability by the State 

Gaming Agency if: 
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TRIBAL GAMING ORDINANCE 

(1) The person is an Enrolled Member of the Tribe; 

(2) The person holds a valid and current Tribal License; 

(3) The denial by the State Gaming Agency is based on reasons that 

antedate the filing of the person's initial application to the State 

Gaming Agency; 

(4) The person is not an employee of another Gaming Operation. 

5.17 Miscellaneous Licensing Provisions: 

5.17.1 No License shall be sold, lent, assigned or otherwise transferred. 

5.17.2 A copy of the Gaming Ordinance and regulations shall be readily available 

for inspection as designated by the Tribal Gaming Commission. 

5.17.3 No employee of the Gaming Operation shall be permitted to hold more 

than one Tribal, Gaming, or other gaming associated License. 

CHAPTER 6 GAMING OPERATION AND FACILITY RESTRICTIONS 

6.1 Number of Facilities: 

6.1.1 The Tribe may establish and operate Gaming Facilities in accordance with 

the Tribal-State Compact. 

6.1.2 The Tribe may combine and operate in each Gaming Facility any forms 

and kinds of gaming permitted under the IGRA, Tribal Gaming 

Ordinance, and the Tribal-State Compact. 

6.2 Gaming Device Restrictions: 

6.2.1 Number of Devices The Tribe will not offer any more gaming devices 

then what is authorized by law. 

6.2.1 Transferability of Devices The Gaming Operation, or any Licensee, is 

prohibited from selling, renting or lending a Gaming Device or Associated 

Gaming Device, in whole or in part, to any person without prior written 

approval by the Tribal Gaming Commission. 

6.2.2 Transportation of Devices Transportation of a Gaming Device to or from 

the Gaming Facility within California is permissible only if: 
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TRIBAL GAMING ORDINANCE 

The Tribal Gaming Commission has issued a permit to transport 

the Device; and 

The Tribal Gaming Commission has provided at least ten (10) days 

notice to the local County Sheriff; and 

The final destination of the Device is a gaming facility of any 

Indian tribe in California with a Tribal-State Compact; or 

The final destination is in a state or country whereby the Device is 

otherwise legal; or 

The final destination is located in California for the purpose of 

testing, repair or storage by a person that is licensed by the Gaming 

Agency. 

6.3 Gaming Device Technical Standards: The technical standards for Gaming 

Devices shall adhere to the Gaming Laboratories International, Incorporated 

standards or such other standards as approved by the Tribal Gaming Commission 

and approved by Tribal Council. 

6.4 Age Restrictions: 

No person under the age of Eighteen (18) shall be employed by the 

Gaming Facility. 

No person under Twenty-one (21) years of age shall be employed in the 

service of alcoholic beverages at the Gaming Facility. 

No person under the age of Twenty-one (21) shall be permitted in any area 

where gaming is occurring and alcoholic beverages are being consumed. 

No person under the age of eighteen (18) shall be permitted to place any 

wager, directly or indirectly. 

No person under the age of eighteen (1 8) shall be permitted in any room in 

which gaming is being conducted unless the person is being escorted by an 

adult en-route to a non-gaming area of the Gaming Facility. 

No person under the age of Twenty-one (21) shall be permitted in any area 

where alcoholic beverages are being served or consumed, unless the area 

is a restaurant or other venue where the consumption of alcoholic 

beverages is incidental to or in conjunction with the serving of a meal or 

other function authorized by Tribal Law. 
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TRIBAL GAMING ORDINANCE 

6.5 Methods of Payment: 

6.5.1 Gaming chips and other tokens, as issued by this Gaming Facility, may be 

sold, issued, or redeemed by the Gaming Operation and only for face 

value, or as approved by the Tribal Gaming Commission. 

6.5.2 Consideration to participate in Gaming shall be in accordance with 

applicable rules and regulations as adopted by the Tribal Gaming 

Commission. 

6.6 Compliance requirements: 

6.6.1 The Gaming Operation shall pay all fees and file all reports required by 

law within the time prescribed. 

6.6.2 The Gaming Operation shall respond to all inquiries or orders of the Tribal 

Gaming Commission or the Tribal Council. 

6.6.3 The Gaming Operation shall make its premises, books, data, and records 

available for inspection and copying, during normal business hours, to the 

Tribal Gaming Commission and the Tribal Council or their designee(s). 

6.7 Miscellaneous: 

6.7.4 

CHAPTER 7 

The Gaming Operation shall provide adequate security to protect all 

visitors, patrons, and employees of the Gaming Facility. 

The Gaming Operation may not discriminate on the basis of sex, race, 

color, or creed in its employment practices related to gaming, provided 

nothing herein shall preclude the Tribe from given a preference of 

employment to Native Americans. 

Employees shall not discuss the right to self-organization, collective 

bargaining, or unions in violation of rules, regulations, policies, or 

procedures prescribed by the Tribal Gaming Commission. 

Any union or union organizers who attempt or desire to organize any 

eligible Licensed employee must first obtain a Tribal License. 

ENFORCEMENT 

7.1 Jurisdiction: 

The Tribal Gaming Commission shall have jurisdiction over all Gaming Facility assets 

and the authority to enforce the provisions of IGRA, Tribal Gaming Ordinance, Tribal- 
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TRIBAL GAMING ORDINANCE 

State Compact, and all other applicable rules, regulations, or laws. 

7.2 Prohibited Acts: 

7.2.1 Participating in any form gaming not authorized by this Gaming 

Ordinance. 

7.2.2 Knowingly making a false statement. 

7.2.3 Attempting to bribe any person or entity associated or doing business with 

the Gaming Operation, the Tribal Gaming Commission, or the Tribe. 

7.2.4 Offering or accepting a loan, financing or other thing not authorized by the 

Gaming Commission. 

7.2.5 Promoting or participating in any illegal gaming. 

7.2.6 Failing to keep any books, records, or other data required by the Tribal 

Gaming Commission or any other applicable rule, regulation, or law. 

7.2.7 Falsifying any books, records or other data related to any transaction 

connected with gaming pursuant to this Gaming Ordinance. 

7.2.8 Any person or entity that conducts or participates in any activity that result 

in cheating or who cheats, aids, abets, or encourages cheating in any form. 

7.2.9 Allowing any person that is disorderly, intoxicated, or under the influence 

of an illegal substance to participate in any gaming. 

7.2.10 Allowing or participating in the unauthorized sale or consumption of any 

alcoholic beverage when such sale or consumption is prohibited by Tribal 

law. 

1 Accepting any consideration or thing of value from any person or entity 

other than money, tokens, chips, or other approved or authorized 

consideration 

7.2.12 Using bogus or counterfeit chips, coins, tokens or gaming tickets, or 

substituting or using any cards, gaming tickets or gaming equipment that 

has been altered, marked or tampered with. 

7.2.13 Employing or possessing any cheating device or facilitating cheating in 

any gaming activity. 

7.2.14 Willfully using any fraudulent scheme or technique to change the odds of 
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any game of chance. 

7.2.15 Soliciting, disseminating or using, directly or indirectly, any inside or 

confidential information that relates to any form of gaming for the benefit 

of any individual or entity. 

7.2.16 Tampering with a gaming device, attempting to conspire to manipulate the 

outcome or the payoff of a gaming device, or otherwise unlawfully 

tampering with or interfering with the proper functioning of the gaming 

device. 

7.2.17 Altering or counterfeiting of a License. 

7.2.18 Aiding, abetting, or conspiring with another person knowingly or 

knowingly to cause any person to violate any provision of this Gaming 

Ordinance or any rules and regulations adopted hereunder. 

7.2.19 Operating, using or making available to the public any illegal gaming 

device, apparatus, material or equipment. 

7.2.20 Selling, holding out for sale or transporting into or out of the jurisdiction 

of the Tribe any illegal gaming device, apparatus, material or equipment. 

7.2.21 Assisting or allowing a person who is under the age of Eighteen (18) to 

participate in any form of gaming. 

7.2.22 Possessing any illegal narcotics or controlled substances on any licensed 

gaming site. 

7.2.23 Stealing or attempting to steal funds or other items of value from any 

Gaming Facility or from the Tribal Gaming Commission. 

7.2.24 Failing to notify the Tribal Gaming Commission of any Licensee who has 

been charged or convicted of a felony, misdemeanor, or crime of moral 

turpitude. 

7.3 Civil Violation: 

Any Licensee who violates or fails to comply with any provision of this Gaming 

Ordinance or who fails or neglects to comply with any final order of the Tribal Gaming 

Commission shall be notified and given due process pursuant to Section 4.14 herein. If 

the Licensee is found to have violated any provision of the Gaming Ordinance, the Tribal 

Gaming Commission may impose fine of up to but not to exceed Ten Thousand Dollars 

($10,000) for each violation thereof. Each day during which any such violation or failure 

to comply continues shall constitute a separate violation of this Gaming Ordinance. The 
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amount of any such fine may be recovered in a civil action in the any Court of competent 

jurisdiction. The Tribal Gaming Commission reserves the right to garnish an employee's 

wages to offset any fines imposed hereunder. 

7.4 Cumulative Fines: 

All fines assessed under this Gaming Ordinance shall be cumulative and a civil action for 

the recovery of one fine shall not bar or affect the recovery of any other fine against any 

Licensee. The Tribal Gaming Commission shall reserve the right to garnish an 

Employee's wages to offset any fines imposed hereunder. 

7.5 Purpose of Fines: 

The fines imposed under this Gaming Ordinance are intended to be remedial and not 

punitive, and are designed to reimburse the Tribe for costs incurred by the Tribe in 

enforcing this Gaming Ordinance. The fines under this Gaming Ordinance are intended 

to encourage all Licensees into complying with this Gaming Ordinance and all applicable 

rules, regulations, and laws. 

7.6 Seizure and Forfeiture of Property: 

Property utilized in violation of this Gaming Ordinance shall be subject to seizure and 

forfeiture by order of the Tribal Gaming Commission pursuant to such procedures and 

rules, as the Tribal Gaming Commission shall promulgate. 

7.7 Exclusion or Ejection of Individuals 

The Tribal Gaming Commission may, by regulation, policy or procedure, provide for the 

establishment of a list of person who are to be excluded or ejected from any duly licensed 

Gaming Facility. The list may include any person whose presence in the gaming 

establishment is determined by the Tribal Gaming Commission to pose a threat to the 

interest of the Tribe, the gaming public, or to licensed gaming. 

7.7.1 It shall be a violation of this Gaming Ordinance for any licensed employee 

to knowingly fail to exclude or eject from the Gaming Facility any 

person(s) placed on the list referred to Section 7.7. It shall be a violation 

of this Gaming Ordinance for any person whose name appears on the list 

referred above to enter into or engage in any game activity at a duly 

licensed Gaming Facility; such person's presence shall be considered 

trespassing. 

7.8 Reporting of Offenders: 

The Tribal Gaming Commission, shall report the name of any Licensee who has been 

found to have violated this Gaming Ordinance to the Tribal Council, NIGC, or any other 
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entity as required by law. 

CHAPTER 8 GAMING OPERATION ENTERPRISE MANAGEMENT 

8.1 Management Responsibility: 

The Tribe shall identify in writing a person(s) who shall serve as General 

Manager of the Gaming Operation. The General Manager appointed shall 

undergo a background check by the Tribal Gaming Commission and shall 

obtain a License before commencing work. 

The General Manager shall be responsible to ensure that all forms of 

Gaming Activity offered and operated at the Gaming Operation and 

Facility comply with Tribal, Federal and applicable State law. 

The General Manager shall submit such reports as requested the Tribal 

Council or Tribal Gaming Commission. 

8.2 Rules and Regulations for Management: 

The Tribal Gaming Commission shall promulgate rules, regulations and specifications 

govern the Gaming Operation in the following areas, or in such other areas as the Tribal 

Gaming Commission may deem necessary: 

The enforcement of all relevant laws and rules with respect to the Gaming 

Operation and the Facility; 

Ensuring the physical safety of patrons and employees; 

The physical safeguarding of assets transported to, within, and from the 

Gaming Facility; 

The prevention of illegal activity from occurring within the Gaming 

Facility including employee procedures and surveillance; 

The recording of occurrences that deviate from normal operating policies 

that include the following procedures for reporting such incidents: 

(1) Specify that the appropriate personnel record all incidents, 

regardless of immateriality; 

(2) Require the assignment of a sequential number to each report; 
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(3) Provide for the permanent reporting of such incident in indelible 

ink in a bound notebook; 

(4) Require that each report include the following: 

(i) The record number. 

(ii) The date. 

(iii) The time. 

(iv) The location of the incident. 

(v) A detailed description of the incident. 

(vi) The persons involved in the incident. 

(vii) The security personnel assigned to the incident. 

The establishment of employee procedures designed to permit detection of 

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

Maintenance of a list of persons or entities barred from the Gaming 

Facility; 

In accordance with section 8.4.1 of the Tribal-State Compact, except as 

provided in subdivision 8.4.l(d) of such Compact, no State Gaming 

Agency regulation shall be effective with respect to the Tribe's Gaming 

Operation unless it has first been approved by the Association as defined 

in the Compact, and further, the Tribe has had an opportunity to review 

and comment on the proposed regulations. 

8.3 Insurance Requirements 

Pursuant to the Tribal-State Compact, the General Manager shall ensure that the Gaming 

Operation or Facility shall carry no less than the required minimum liability insurance set 

forth in the Tribal-State Compact to protect the public in the event of an accident. 

8.4 Internal Revenue Service ("IRS") Requirements 

The General Manager shall be responsible to ensure that the Gaming Operation complies 

with all IRS reporting requirements. 

8.5 Audit Requirements: 

8.5.1 Annual Gaming Operation and Facility Audit The Tribal Gaming 

Commission shall obtain an annual independent audit of the Gaming 

Operation and Facility by a certified public accountant using the 

accounting standards for audits of casinos of the American Institute of 

Certified Public Accountants. 
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8.5.2 Contract Audits Any contract between the Gaming Operation or Facility 

and any person or entity (other than legal and accounting services) that 

results in an expenditure of Twenty-five Thousand Dollars ($25,000) or 

more, in any consecutive twelve-month period, shall be subject to an 

independent audit. 

8.5.3 Copies A copy of all audits shall be provided to the Tribal Gaming 

Commission and any other entity as required by Tribal Council or 

applicable law. 

8.6 Annual Reports from Management Contractor: 

A Management Company or Management Contractor retained by the Tribe to manage the 

Gaming Operation or Facility shall file an Annual Report with the Tribal Gaming 

Commission and the Tribal Council within 15 days of the conclusion of the fiscal year for 

the Gaming Operation and Facility. The Annual Report should include, at a minimum, 

the following information: 

8.6.1 The name, address, and telephone number of the Licensee; 

8.6.2 The names, addresses, and titles of all of its current managers of the 

Licensee; 

8.6.3 A description of the types of Class I1 and I11 Gaming Activity operated 

and its Gross Revenue; 

8.6.4 The names and addresses of the persons who will be designated as key 

employees or primary management officials over the next License Term; 

8.6.5 Written proof that the Licensee has paid to the NIGC all fees as required 

by Tribal law, the Tribal-State Compact, and Federal law; 

8.6.6 A swom statement that the Licensee has complied with the IRS reporting 

requirements, including written notice of customer winnings; 

8.6.7 The number of persons employed by the Management Company or 

Management Contractor operation during the past fiscal year, together 

with a projection of the number of employees who are expected to be 

employed during the next fiscal year; 

8.6.8 A swom statement that the Licensee will comply with all applicable 

Tribal, Federal, and State Gaming laws and rules and regulations; 

8.6.9 The name, address and signature of the agent who will accept service of 

process on behalf of the Licensee; and 
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8.6.10 If the Licensee is a corporation, a copy of all of its constitution, by-laws, 

articles of incorporation, shareholder reports, and all amendments and 

modifications thereto. 

CHAPTER 9 PROCEDURES FOR RESOLVING DISPUTES BETWEEN 

PATRONS AND GAMING MANAGEMENT 

9.1 General Principles: 

The Tribe values its customers and intends, at all times, to see that questions, concerns, 

issues, and/or disputes raised by the gaming public are addressed in a fair and orderly 

manner. However, nothing in the dispute resolution procedures set forth herein shall be 

deemed or construed as a waiver of the Tribe's sovereign immunity, or any of the rights 

and privileges attendant thereto. 

9.2 Initial Dispute Resolution Procedure: 

9.2.1 Members of the Gaming public who, in the course of their otherwise 

lawful and proper use of the Tribe's Gaming Facility, have questions or 

concerns about the condition or operation of any part of the Gaming 

Facilities, or who otherwise believe themselves to be aggrieved by some 

aspect of the condition or operation of any part of the Gaming Facility, 

shall direct their questions, concerns, or disputes (hereinafter collectively 

"disputes") in the first instance to gaming management at the Gaming 

Facility, either orally or in writing. 

9.2.2 Disputes shall be raised with the gaming management as soon as 

reasonably possible after the occurrence of the events giving rise to the 

dispute; however, no dispute may be raised more than forty-eight hours 

(48) after said event take place. 

9.2.3 Upon learning about a dispute, the gaming management shall expediently 

gather sufficient facts to make an initial determination about the dispute 

(i.e. whether the dispute has any merit, whether further investigation is 

required, whether to take any corrective action, etc.). The General 

Manager shall inform the complainant, either orally or in writing, about its 

initial determination as soon as is reasonably practicable. At that time, if 

the complainant indicates that he or she has additional concerns or is not 

satisfied, gaming management shall inform the complainant about how to 

initiate the formal dispute resolution procedure. 
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9.3 Formal Dispute Resolution Procedure: I 

Complainants who have followed the initial dispute resolution procedure, 

and who are unsatisfied with gaming management's determination, may 

appeal that determination in writing to the Tribal Gaming Commission no 

later than five (5) days after being informed about the determination. 

The Tribal Gaming Commission may investigate the dispute. The Tribal 

Gaming Commission may offer the complainant a fair opportunity to be 

heard about the dispute. 

If the Tribal Gaming Commission decides to investigate, review and/or 

hold a hearing on the gaming management's determination or on the 

patron's dispute, the Tribal Gaming Commission shall issue a written 

decision on the matter and mail a copy of the decision to the patron or 

complainant at his or her last known address. 

All decisions relating to a patron's dispute or complaint issued by the 

Tribal Gaming Commission are final and not subject to appeal.