TUOLUMNE BAND OF ME-WUK INDIANS

TUOLUMNE GAMING ORDINANCE OF 2001

TABLE OF CONTENTS 1 ~

Section 1. Findings and Policy 1

Section 2. Definitions 2

Section 3. Ownership of Gaming 5

Section 4. Tribal Gaming Agency 6

4.1 Establishment of Tribal Gaming Agency 6

4.2 Disqualifications for Office 6

4.3 Terms of Office 6

4.4 Removal from Office 6

4.5 Quorum 6

4.6 Officers and Duties 7

4.7 Voting 7

4.8 Meetings 7

4.9 Compensation for Serving; Fringe Benefits;

Reimbursement of Expenses 7

4.10 Tribal Gaming Agency Funding 8

4.10.1 Gaming Agency General Operations Budget 8

4.10.2 Gaming Agency Equipment, Office, and

Capital Expenses 8

4.11 Powers and Duties 8

4.12 Annual Reports 12

Section 5. Permitted Gaming Activities 13

5.1 Unauthorized Gaming Prohibited 13

5.1.1 Class I Gaming 13

5.1.2 Class II and Class III Gaming 13

Section 6. Gaming Revenues 13
Section 7. Operation of Gaming Establishments 14

7.1 Gaming Permitted as Licensed 14

7.2 Protection of Environment and Public 14

7.3 Dispute Resolution 14

Section 8. Audits 14

8.1 Annual Audit 14

8.2 Reporting Audit Results 15

Section 9. Licenses 15

9.1 Licensing Program Overview 15

9.2 Licensing Policy and Requirements 15

9.3 Burden on Applicant 16

9.4 Applicant Claim of Privilege 16

9.5 Release of Information 16

9.6 Types of Licenses 16

9.6.1 Class A License 16

9.6.2 Class B License 17

9.6.3 Gaming Resource Supplier 17

9.6.4 Union License 17

9.6.5 Vendor Permit 18

9.6.6 Temporary or Provisional Licenses 18

9.7 License Renewal 18

9.8 License Investigations 18

9.9 License Fees 18

9.10 Standards 19

9.11 Appeals 19

9.12 Background Investigations 19

9.13 Eligibility Determination 21

9.14 Forwarding Licensing Applications and Reports to NIGC 22

9.15 Granting a Gaming License 23

9.16 License Suspension 23

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9.17 Facilities ~icenses .

24

9.18 Effect of Gaming Compact 24

Section 10. Application Forms 24

Section 11. Class III Gaming; Gaming Compact 25

Section 12. Interest in Management Contracts by Tribal Officials 25

Section 13. Service of Process 26

Section 14. Tribal Gaming Corporation 26

Section 15. Prior Gaming Ordinances; Effective Date 26

Section 16. Severability 26

Section 17. Amendments 26

Section 18. Sovereign Immunity Preserved 27

Certification 27

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TUOLUMNE BAND OF ME-WUK INDIANS

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TUOLUMNE GAMING ORDINANCE OF 2001

Resolution No. 00-04-0 1

Be it enacted by the Community Council of the Tuolumne Band of Me

Wuh Indians:

The Tuolumne Band of Me-Wuk Indians, a federally recognized Indian Tribe

(Tribe) hereby amends and supercedes the Tuolumne Gaming Act approved by the

Tribe and the National Indian Gaming Commission in 1999. This Ordinance shall

be known as the Tuolumne Gaming Ordinance of 2001 (Ordinance).

Section 1. Findings and Policy

This Ordinance is adopted by the Tuolumne Community Council, pursuant to

its authority granted by the Tribes Constitution, for the purpose of establishing the

terms for gaming on Tuolumne Tribal Lands. Gaming shall be conducted for tribal

governmental and charitable purposes, and the Tribe shall develop and operate

such gaming consistent with the findings herein and in conformity with the federal

Indian Gaming Regulatory Act (25 U.S.C. § 2701 et seq (IGRA)), regulations

promulgated thereunder, and the Tribes Gaming Compact. This Ordinance and

regulations promulgated hereunder shall constitute the gaming regulations for the

Tribe.

The Tribe finds that:

1.1 Gaming on its Tribal Lands is a valuable means of generating

revenues that are needed to promote Tribal self-sufficiency, economic development,

employment, job training, and a strong Tribal government, and to fund and provide

essential social programs and services;

1.2 The Tribe desires to conduct certain forms of gaming to provide needed

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

will protect the environment, the Tribal Lands, the health, security and general

welfare of the Tribe, the patrons, and the community; and

Adopted by the Tuoluinne Community Council

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

and regulate such gaming in a manner that will adequately address the interests

and needs of the Tribe.

Section 2. Definitions

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

as in IGRA, including but not limited to references to Class I, Class II, and

Class III gaming, except for references to Commissioners, Commission, or

Gaming Commission which shall mean the Tuolumne Me-Wuk Tribal Gaming

Agency or its Commissioners, established and described herein. Capitalized terms

shall have the following meanings:

2.1 Applicant means an individual or entity that applies for a tribal

license or certification of suitability.

2.2 Association means an association of California tribal and state

gaming regulators, the membership of which comprises up to two representatives

from each tribal gaming agency of those tribes with whom the State has a Gaming

Compact under IGRA, and up to two delegates each from the state Division of

Gambling Control and the state Gambling Control Commission.

2.3 Closely associated independent contractor means any contractor that

shares common ownership, officers, or directors with any management principal or

person related thereto.

2.4 Commissioner means a duly elected or appointed and qualified

member of the Tribes Gaming Agency, as set forth in this Ordinance.

2.5 Community Council means the governing body of the Tribe, as set

forth in the Tribes Constitution and By-laws.

2.6 Gaming means an activity in which a person stakes or risks

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

event, not under his or her control or influence, upon an agreement or

understanding that the person, or someone else, will receive something of value in

the event of a certain outcome, but shall not include bona fide business

transactions.

Adopted by the Tuolumne Community Council

April 18, 2001

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2.7 Gaming Activities means any Class I, Class II, or Class III gaming

activity conducted on Tribal Lands by or under the jurisdiction of the Tribe.

2.8 Gaming Compact or Compact means a tribal-state Gaming

Compact, including amendments thereto, entered into by the Tribe pursuant to

IGRA to govern the conduct of certain Gaming Activities on Tribal Lands.

2.9 Gaming Employee means any person who: (a) operates, maintains,

repairs, assists in any gaming activity, or is in any way responsible for supervising

such gaming activities or persons who conduct, operate, account for, or supervise

any such gaming activity; (b) is in a category under federal or tribal gaming law

requiring licensing; (c) is an employee of the Tribal Gaming Agency with access to

confidential information; or (d) is a person whose employment duties require or

authorize access to areas of the Gaming Facility that are not open to the public.

2.10 Gaming Enterprise or Gaming Operation means any gaming

business, event, enterprise or activity conducted by or under the jurisdiction of the

Tribe, whether exclusively or otherwise, and includes any other Gaming Activities

operated by or for the Tribe.

2.11 Gaming Facility or Facility means any building in which Class III

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 records, 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, provided that nothing herein prevents the conduct of Class II gaming (as

defined under IGRA) therein.

2.12 Gaming Resources means any goods or services provided or used in

connection with 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 gaming activities, maintenance or security equipment and services,

and gaming consulting services, and the like. The term shall not include

professional accounting or legal services.

2.13 Gaming Resource Supplier or Gaming Contractor means any

person or entity who, directly or indirectly, manufacturers, distributes, supplies,

vends, leases, or otherwise purveys Gaming Resources to the Gaming Operation,

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Gaming Enterprise, or Gaming Facility, provided that the Tribal Gaming Agency

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 as described

by an applicable Gaming Compact, and provided that 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 Gaming Operation.

2.14 Key Employee means a person who performs one or more of the

following functions: bingo caller; counting room supervisor; chief of security;

custodian of gaming supplies or cash; floor manager; pit boss; dealer; croupier;

approver of credit; or custodian of gaming devices, including those persons with

access to cash and accounting records within such devices. If not otherwise

included, any other person whose total cash compensation is in excess of $50,000

per year, and the four most highly compensated persons in the gaming enterprise,

are included in the definition of key employees. At the discretion of the Tribal

Gaming Agency, other positions or persons may be included under and subject to

the requirements for key employees.

2.15 National Indian Gaming Commission (NIGC) means the agency

established under IGRA.

2.16 Person means any natural person or entity, including but not limited

to corporations, partnerships and trusts.

2.17 Primary Management Official means the person who has

management responsibility for a management contract; any person who has

authority to hire and fire employees or to set up working policy for the gaming

enterprise; or the chief financial officer or other person who has financial

management responsibility. At the discretion of the Tribal Gaming Agency, other

positions or persons may be included under and be subject to the requirements for

primary management officials.

2.18 Related to means persons who are related as a father, mother,

daughter, son, sister, brother or spouse.

2.19 State means the State of California or an authorized official or

agency thereof.

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2.20 State Gaming Agency means the entity authorized to investigate,

approve, and regulate Class III gaming licenses pursuant to the Gambling Control

Act (Chapter 5 (commencing with section 19800) of Division 8 of the Business and

Professions Code). If the state fails, under a Gaming Compact provision, to

designate an agency authorized to investigate, approve, and regulate gaming

licenses, any function otherwise assigned to the State Gaming Agency shall be

assumed by the Tribal Gaming Agency until such time as the state establishes and

designates such an agency.

2.21 Tribal Chairperson means the person duly elected or selected under

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

spokesperson for the Tribe.

2.22 Tribal Court means any court established by the Tribe to hear

disputes or, if there is none, the Community Council.

2.23 Tribal Gaming Agency or Tribal Gaming Commission means the

Tuolumne Me-Wuk Tribal Gaming Agency, the agency designated under tribal law

with the primary responsibility for carrying out the Tribes regulatory

responsibilities under IGRA, any tribal-state Compact to which the Tribe is a party

and this Ordinance. The Tribal Gaming Agency shall monitor the Gaming

Activities, investigate wrongdoing, conduct background investigations, issue

licenses, and perform alli other duties required for the regulation of gaming on

Tribal Lands, in compliance with all applicable laws. No person employed by or in

connection with the management, supervision, or conduct of any gaming activity

may be a member or employee of the Tribal Gaming Agency.

2.24 Tribal Lands or Reservation means Indian lands, those lands on

which the Tribe is authorized to conduct gaming under IGRA.

2.25 Tribal Member means any duly enrolled member of the Tribe.

Section 3. Ownership of Gaming

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

conduct of any gaming operation authorized by this Ordinance, except to the extent

the Tribe may contract with and license a person or entity to own, operate, or

manage the enterprise, pursuant to the provisions of IGRA or as otherwise

permitted by law.

Adopted by the Tuolumne Community Council

April 18, 2001

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Section 4. Tribal Gaming Agency

4.1 Establishment of Tribal Gaming Agency The Tribe hereby establishes

a Tribal Gaming Agency to be known as the Tuolumne Me-Wuk Tribal Gaming

Agency to regulate, license, investigate, and monitor all gaming activities on tribal

lands. The Tribal Gaming Agency shall be comprised of three (3) members of the

Tribe, each of whom shall be appointed by the Community Council. The Tribal

Gaming Agency must meet the qualifications established under this Ordinance and

the Gaming Compact. The Tribe reserves the right to amend the number of

members of the Tribal Gaming Agency, depending upon the needs of the operation.

4.2 DisQualifications for Office The following persons may not serve as

Commissioners:

4.2.1 Persons employed in or in connection with the management,

supervision, operation, or conduct of any Gaming Activity on Tribal Lands;

4.2.2 Persons related to any gaming contractor (including any

principal thereof or closely associated independent contractor);

4.2.3 Persons who would not be eligible to be officers of the Tribe

pursuant to the Tribes Articles and By-laws; and

4.2.4 Persons who would not be able to pass a gaming background

investigation and be deemed suitable under the certification and licensing criteria

applicable to Class III gaming key employees.

4.3 Terms of Office Commissioners shall serve for three (3) year terms

except that immediately after enactment of this Ordinance, two (2) Commissioners

shall serve for three (3) year terms and one (1) shall serve for a two (2) year term.

Commissioners may serve beyond the end of their term until replaced, and

Commissioners may serve for more than one term.

4.4 Removal from Office Commissioners may only be removed from office

before the expiration of their terms, by the Community Council, for neglect of duty,

malfeasance, or other good cause shown. The procedure for removing a

Commissioner shall be the same as for removing an officer of the Tribe.

4.5 Quorum Two (2) members of the Tribal Gaming Agency shall

constitute a quorum.

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4.6 Officers and Duties The Tribal Gaming Agency shall select a

Chairman, Vice-Chairman, Secretary, and Treasurer. The Chairman shall preside

over meetings of the Tribal Gaming Agency and the Vice-Chairman shall preside in

absence of the Chairman. The Secretary shall record, or cause to be recorded in

writing, the minutes of all Tribal Gaming Agency meetings and all official actions

taken by the Tribal Gaming Agency. The Treasurer, with the assistance of other

Commissioners and Tribal Gaming Agency staff, shall be responsible for monitoring

the Tribal Gaming Agencys financial books and records and shall prepare, or cause

to be prepared, a proposed budget for Tribal Gaming Agency review no later than

sixty (60) days prior to the end of each budget year.

4.7 Voting All actions of the Tribal Gaming Agency shall be taken by

majority vote. The Chairperson may vote on any issue.

4.8 Meetings Meetings shall be held at least once per month at the Tribal

Gaming Agency offices (Scheduled Meetings). Any tribal member may attend

Scheduled Meetings. Scheduled Meetings may be changed at any time by the Tribal

Gaming Agency, with notice of such change posted prominently at least three (3)

business days in advance at the Office of the Tribal Gaming Agency. Additional

meetings shall be held as called by the Chairperson or by at least two (2) other

Commissioners. Notice of meetings shall be given in writing to each Commissioner,

by first class mail, facsimile, or personal delivery at least three (3) business days

prior to such meeting; however, meetings may be called at any time, by any means,

with unanimous consent of the Commissioners. All Tribal Gaming Agency

discussions, deliberations, and votes taken regarding specific license applications

and related background investigations, or any other investigations, and any other

matter the Tribal Gaming Agency deems must be kept confidential in order to

preserve the integrity of the Gaming Enterprise or the Tribe or to protect the

privacy of the applicant, shall be held in executive session.

4.9 Compensation for Serving; Fringe Benefits; Reimbursement of

Expenses Commissioners may be compensated for serving on the Tribal Gaming

Agency at rates to be set by the Tribe. Such rates shall be approved by the Tribe or

through the Tribal Gaming Agency budget process and shall be identical for all

Commissioners. Step increases may be allowed based on length of service.

Commissioners may be entitled, at the discretion of the Tribe, to receive fringe

benefits which are available to other employees of the Tribe to the extent the

provider of such benefits qualifies Tribal Gaming Agency positions for such benefits.

Subject to approval by the Tribe and in accordance with its procedures,

Adopted by the Tuolumne Community Council

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Commissioners shall be reimbursed for expenses incurred in connection with the

performance of their Tribal Gaming Agency duties.

4.10 Tribal Gaming Agency Funding

4.10.1 Gaming Agency General Operations Budget The Tribe

recognizes the importance of providing adequate and stable funding to assure that

the Tribal Gaming Agency can effectively regulate the Tribes gaming activities and,

at the same time, wants to assure that the Tribal Gaming Agency remains

financially accountable to the Tribe. To that end, the Tribal Gaming Agency shall

prepare a proposed operating budget and justification no later than thirty (30) days

prior to the end of each budget year. The Tribal Gaming Agency budget shall be

reviewed by the Community Council annually, and shall be funded through the

Tribes budget process, license fees, fines, and/or assessments. At the end of the

budget year, any surplus funds in the Tribal Gaming Agency budget shall be

considered in the next years funding request.

4.10.2 Gaming Agency Eciuipment, Office, and Capital Expenses The

Tribal Gaming Agency shall specify requirements for the Gaming Facility

surveillance system and other equipment to assure effective, high quality

regulatory systems that meet or exceed all applicable requirements and standards,

including but not limited to the NIGCs Minimum Internal Control Standards. The

funding for such regulatory equipment and systems, as well as for Tribal Gaming

Agency offices and capital improvements, shall be provided by the Gaming

Operation or the Tribe through a separate budget.

4.11 Powers and Duties The Tribal Gaming Agency shall have the power,

duty, and primary responsibility to carry out the Tribes regulatory responsibilities

under federal or tribal law and any applicable Gaming Compact; to enforce those

requirements; and to protect the integrity of the Gaming Activities and the

reputation of the Tribe and the Gaming Operation for honesty, fairness, and

confidence of patrons, under provisions to include the following:

4.11.1 Conduct on-site gaming regulation and control, and inspect,

examine, and monitor the Gaming Activities; prepare reports and monitor

compliance, including the authority to demand access to and inspect, examine,

photocopy and audit all papers, books and records respecting such Gaming

Activities;

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4.11.2 Investigate any suspicion of wrongdoing in connection with the

Gaming Facility or related to any Gaming Activity, and require correction of

violations at the Gaming Agency deemed necessary, including establishing and

imposing fines or other sanctions against licensees or other persons who interfere

with or violate the Tribes gaming regulatory requirements under applicable federal

or tribal law or Gaming Compact;

4.11.3 Conduct, or cause to be conducted, such investigations as may

be necessary to determine compliance with applicable laws including this

Ordinance, or any contracts, agreements, goods, services, events, incidents, or other

matters related to Gaming Activities;

4.11.4 Conduct, or cause to be conducted, background investigations

regarding any person or entity in any way connected with any Gaming Activity and

issue licenses and identification badges to, at minimum, all Key Employees,

Primary Management Officials, and Gaming Resource Suppliers according to

requirements at least as stringent as those in 25 C.F.R. Parts 556 and 558, this

Ordinance and the Compact;

4.11.5 Administer oaths or affirmations to witnesses appearing

before the Tribal Gaming Agency; hold hearings, sit and act at such times and

places, summon persons on Tribal Lands to attend and testify at such hearings,

take testimony, and receive such evidence as the Tribal Gaming Agency deems

relevant to fulfill its duties;

4.11.6 Execute agreements necessary to receive comprehensive

criminal history and other background investigation information from other

jurisdictions and sources;

4.11.7 Implement and administer a system for investigating,

licensing, monitoring, reviewing, license revocation, denial, and license renewal for

the Gaming Facility, employees, Gaming Contractors and vendors, suppliers,

investors, and others connected with Gaming Activities, as described below,

including the issuance of licenses to Gaming Facilities, individuals and entities as

required under this Gaming Ordinance, IGRA, or any applicable Gaming Compact;

4.11.8 Assure, monitor, and direct inspections of Gaming Facilities by

qualified building and safety experts in order to comply with the Tribes building

and safety codes; provide reports to the state; review reports; and issue a certificate

of occupancy to the Gaming Facility;

Adopted by the Tuolumne Community Council

April 18, 2001

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4.11.9 Provide a copy of each facility license and renewals thereof to

the NIGC, including, at minimum: the Tribes name; name and address of the

Gaming Facility; type of Gaming allowed; effective date of license; the signature of

the tribal official responsible for issuing the license; and the name and phone

number of the tribal governmental agency responsible for the regulation of the

gaming operation;

4.11.10 Hear and resolve disputes against the gaming establishment,

in accordance with the procedures established in this Ordinance and the Tort

Liability Ordinance, consistent with the Tribes Gaming Compact;

4.11.11 Hire staff and support services as deemed necessary, subject

to the Tribal Gaming Agency budget prepared and approved under the provisions of

Section 4.10 of this Ordinance;

4.11.12 To the extent required, comply with any reporting

requirements established under this Ordinance, the Tribes Gaming Compact, IGRA

and regulations promulgated thereunder, and other applicable law;

4.11.13 Develop forms, reports, procedures, and protocols, and

establish joint cooperative working relationships with federal, state and local

jurisdictions as necessary to assist the Tribe in ensuring the effective regulation of

its gaming;

4.11.14 Investigate gaming and licensing violations and Compact

violations, and require correction on terms and conditions as deemed necessary,

including, if necessary, the imposition of fines, citations, or other sanctions, by

requiring correction of license violations by the licensee directly, by requiring

correction of other procedural, gaming, and structural violations by gaming

enterprise management, and by notification to applicable regulatory authorities as

deemed necessary for violations not corrected in a timely manner;

4.11.15 Issue rules, regulations and procedures as deemed

appropriate to implement and ensure the effective enforcement of the provisions of

this Ordinance, including but not limited to:

4.11.15.1 Enforce all relevant laws and rules with respect to the

Gaming Operation and Gaming Facility, and conduct investigations

and hearings regarding enforcement as well as other matters within

the Gaming Agency jurisdiction;

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4.11. 15.2 Protect the physical safety of gaming patrons,

employees, and others in the Gaming Facility;

14.11.15.3 Ensure the physical safeguarding of assets

transported to, within, and from the Gaming Facility;

14.11.15.4 Prevent illegal activity in the Gaming Facility or

Operation through:

a. maintenance of employee procedures and the

surveillance system;

b. maintenance of detailed and permanent records of

all Occurrences and incidents in the Gaming Facility that

deviate from normal operating policies and procedures;

c. establishment of employee procedures to detect

theft, cheating and fraud;

d. maintenance of a list of persons barred from the

facility;

e. conduct of an annual CPA audit;

f. approval of all game rules and regulations;

g. establish and impose license fees, sanctions, fines,

and conditions as appropriate under applicable law;

h. investigate and assure compliance with any

requirements for tribal ownership, management, and control of

the Gaming Facility and Gaming Operation, as set forth in

applicable law;

i. investigate and assure compliance with age

restrictions for patrons including provisions prohibiting minors

in the Gaming Facility and age limits on service of alcoholic

beverages as provided under applicable law;

j. carry out any requirements under tribal or federal

law or applicable Gaming Compact for the protection of the

Adopted by the Tuolumne Community Council

April 18, 2001

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health and safety of Gaming Facility patrons, guests, and

employees, including requirements that Gaming Facilities meet

building and safety codes duly adopted by the Tribe;

k. maintenance and approval of a surveillance system

consistent with industry standards;

1. approval of Gaming Facility floor plans, closedcircuit television system, and cashiers cage, minimum staffing

and supervisory requirements, and technical standards for

gaming device operations;

4.11.16 Assure gaming devices are not transported to or from the

Tribal Lands except in accordance with procedures established by an agreement

between the Tribal Gaming Agency and the State Gaming Agency. The agreement

shall require at least ten (10) days notice to the county sheriff, and transportation

only to specific destinations for specific purposes as established in the agreement

and the Gaming Compact;

4.11.17 Promulgate rules for each Class I, Class II or Class III game

allowed under this Ordinance, to govern the conduct of such games;

4.11.18 Comply with a tribal conflict of interest policy to assure that

Commissioners are free~ from corruption, undue influence, compromise, and

conflicting interests in the conduct of their business;

4.11.19 Adopt, approve, and enforce gaming regulatory standards no

less stringent than the Minimum Internal Control Standards promulgated by the

National Indian Gaming Commission or required under the Gaming Compact;

4.11.20 Carry out such other duties with respect to Gaming Activities

on Tribal Lands as required under applicable laws, including this Ordinance, IGRA,

and the Gaming Compact;

4.12 Annual Reports On or before February 15th of each year, the Tribal

Gaming Agency shall provide to the Tribal Council an Annual Report summarizing

its activities during the prior twelve (12) month period ending on December 31, and

accounting for all receipts and disbursements. The Tribal Council shall cause

Adopted by the Tuolumne Community Council

April 18, 2001

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copies of the Annual Report to be made available to Tribal Members within thirty

(30) days after receipt.

Section 5. Permitted Gaming Activities

5.1 Unauthorized Gaming Prohibited All Gaming Activities on Tribal

Lands (whether Class I, II or III) are prohibited except as expressly authorized

under this Ordinance.

5.1.1 Class I Gaming Class I Gaming Activities are hereby permitted

to the extent consistent with tribal custom and practice. The Community Council

may prohibit or prevent any conduct that is claimed to be Class I gaming if the

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

or violates IGRA or any other applicable law.

5.1.2 Class II and Class III Gaming Class II gaming and Class III

gaming conducted on Tribal Lands are hereby authorized, provided the Tribe has

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

Operation. The Tribe also reserves the right to contract with and license a person

or entity to own, operate or manage the Gaming Operation pursuant to the

provisions of IGRA or as otherwise permitted by law. Nothing herein shall prohibit

the Tribe from engaging the services of non-tribal persons as employees or engaging

any person or entity to assist the Tribe in the management of a Gaming Activity

pursuant to a management agreement entered into under the provisions of IGRA.

Class III gaming shall be conducted in accordance with a tribal-state Compact, or

any alternative thereto as provided by IGRA.

Section 6. Gaming Revenues Except as provided for under the terms of an

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

net revenues generated from any Class II or Class III Gaming Activity are the

property of the Tribe. Net revenues from Class II and Class III Gaming Activities

shall only be used for the following purposes:

6.1.1 To fund tribal government operations or programs;

6.1.2 To provide for the general welfare of the Tribe and its members;

6.1.3 To promote economic development for the Tribe;

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6.1.4 To donate to charitable organizations; or

6.1.5 To help fund operations of local governmental agencies.

Section 7. Operation of Gaming Establishments

7.1 Gaming Permitted as Licensed Except to the extent authorized by an

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

Gaming Activities shall only be conducted in tribally owned, operated and licensed

facilities pursuant to the provisions of this Ordinance, and the Tribes Gaming

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

conditions of the license issued to the Gaming Facility by the Tribal Gaming Agency

prior to the conduct of any Gaming Activities therein.

The Gaming Facility license shall identify: the name and address of the

facility; type of gaming allowed; effective date of the license; name and telephone

number of the Tribal Gaming Agency; and such other matters as the Tribal Gaming

Agency may deem necessary to the conduct of Gaming Activities therein, or as may

be required under a Gaming Compact or other applicable law.

7.2 Protection of Environment and Public The construction and

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

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

health and safety, in compliance with any standards required under tribal and

federal law, and the Tribes Gaming Compact.

7.3 Dispute Resolution Patrons who have complaints against the gaming

operation shall have the right to remedies provided in the Tribes Tort Liability

Ordinance. The maximum recovery for such patron dispute claims shall be $10,000

per occurrence with a cumulative limit of $20,000 per patron in any twelve (12)

month period unless otherwise provided in the Tort Liability Ordinance. Disputes

between the gaming operation and any management contractor or its employees

shall be subject to policies and procedures established under contracts and

agreements between the parties.

Section 8. Audits

8.1 Annual Audit The Tribal Gaming Agency shall be responsible for

engaging a recognized independent accounting firm to conduct an annual audit of

the Tribes Class II and Class III Gaming Operations. Each gaming related

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contract for supplies, services, or concessions that results in purchases of more than

$25,000 annually (except contracts for professional legal or accounting services)

relating to Class II or Class III gaming on the Tribal Lands shall be included in the

independent audits, and such contracts shall be deemed to so specif~r.

8.2 Reporting Audit Results The Tribe shall make available a copy of the

results of each annual audit to the Tribes general membership within thirty (30)

days of completion of the audit. The Tribe shall provide audit results to the NIGC

to the extent required and as otherwise required under applicable law.

Section 9. Licenses

9.1 Licensing Program Overview The Tribes Gaming Licensing Program

shall be administered through the Tribal Gaming Agency. The program shall be an

investigative licensing process under which all applicants for Class II and Class III

gaming licenses are evaluated against the standards set forth in, and subject to, the

following applicable laws:

9.1.1 The Gaming Ordinance of 2001, as it may be amended, and any

gaming regulations promulgated thereunder;

9.1.2 The IGRA and NIGC regulations;

9.1.3 Gaming Compact requirements, to the extent applicable; and

9.1.4 Any other applicable tribal, federal, or state laws.

9.2 Licensing Policy and ReQuirements It is the policy of the Tribe that

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

order and welfare of tribal members and other persons on Tribal Lands, and to

preserve the honesty, fairness and integrity of such Gaming Activities. Accordingly,

no person shall engage in any Class II or Class III Gaming Activities on Tribal

Lands without the appropriate and valid license issued by the Tribal Gaming

Agency. A labor union seeking to represent any Gaming Employees must also be

deemed suitable under standards and licensing requirements established by the

Tribal Gaming Agency. Further, Class III Gaming Employees, Gaming Resource

Suppliers, gaming management and investors may be subject to State Gaming

Agency investigation and suitability requirements, including issuance of a license or

certification of suitability, under the Compact. Licenses shall be issued to persons

or entities associated with gaming activities. Gaming Resource Suppliers and other

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vendors providing gami~ng related goods or services must qualify for and receive a

license or permit (as applicable) in order to do business with the gaming operation.

Vendors who are not currently providing gaming related goods or services, or who

provide gaming relatedgoods or services valued at less than $25,000 in a 12-month

period, may be required to obtain a license or permit from the Tribal Gaming

Agency prior to doing business with the Tribes Gaming Operation. Any gaming

license or permit or finding of suitability issued by the Tribal Gaming Agency shall

be deemed a privilege, and is subject to suspension or revocation at any time. No

license or license renewal shall be issued that would place the Tribe in violation of

tribal law, the Gaming Compact, or any other applicable law. A gaming license or

finding of suitability is subject to renewal at least every two (2) years.

9.3 Burden on Applicant The burden of proving an applicants

qualifications to receive a certification of suitability or license hereunder is at all

times on the applicant. Applicants must accept any risk of adverse public notice,

embarrassment or other action that may result from the application process and

expressly waive any claim for damages as a result thereof.

9.4 Applicant Claim of Privilege An applicant may claim any privilege

afforded by law in connection with a gaming license application or investigation, but

a claim of privilege with respect to any testimony or evidence pertaining thereto

may constitute sufficient grounds for denial, suspension or revocation.

9.5 Release of Information All persons applying for a license shall agree

to release all information necessary in order for the Tribal Gaming Agency and any

applicable federal or state entity to complete their suitability determination.

Applicants must update all such information promptly on an on-going basis, and to

furnish such information to agencies including the NIGC, the State Gaming Agency,

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

9.6 Types of Licenses

9.6.1 Class A License Before permitting any person to become

permanently associatedwith any Gaming Activity as an investor or other person

owning or controlling 10% or more interest in any management entity, or any

primary management official, key employee, closely associated independent

contractor, or other individual or entity with influence over the management or

operation of the gaming, or a Gaming Employee, such person shall obtain a Class A

license. The Tribal Gaming Agency shall conduct or cause to be conducted a

background investigation to determine if such person has:

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9.6.1.1 Any criminal record or any reputation, prior activities,

habits or associations which might pose a threat to the public interest

or to the effective regulation of gaming.

9.6.1.2 Anything else in his/her background that might create or

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

methods and activities in the conduct of gaming.

Those who do nOt meet the above qualifications shall be denied a Class A

license, or the license if issued may be revoked.

9.6.2 Class B License Persons who are not among those identified in

subsection (1) above, but are to be employed at a gaming facility on Tribal Lands in

another capacity, such as in non-gaming related activities, shall be required to

obtain a Class B license or permit from the Tribal Gaming Agency. Such persons

must establish that they have not been convicted of certain crimes or engaged in

any activity which the Tribal Gaming Agency, in its sole discretion, deems would

render such person a danger to the safety or integrity of the Gaming Activities, or to

the safety and security of the Tribe, property of the Tribe, any tribal member, any

gaming employee or patron, or the public.

9.6.3 Gaming Resource Supplier Gaming Resource Suppliers must

meet all tribal and state licensing and suitability requirements. Any Gaming

Resource Supplier who, directly or indirectly, provides, has provided, or is deemed

likely to provide at least twenty-five thousand ($25,000) in Gaming Resources in

any 12-month period, or who has received at least twenty-five thousand dollars

($25,000) in any consecutive 12-month period within the 24-month period

immediately preceding application, shall be licensed by the Tribal Gaming Agency

prior to the sale, lease, or distribution, or further sale, lease, or distribution, of any

such Gaming Resources to or in connection with the Tribes Gaming Operation or

Facility. The Gaming Resource Supplier license must be renewed at least every two

(2) years. The Tribe shall not enter into, or continue to make payments pursuant

to, any contract or agreement that would require licensing if the Gaming Resource

Supplier has been denied a license or is deemed unsuitable, or the license or

suitability determination has expired without renewal.

9.6.4 Union License Any labor union, including its management and

representatives, shall be required to apply for and obtain a union license in order to

bargain with or represent gaming operation employees.

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9.6.5 Vendor Permit Vendors who are deemed not to be Gaming

Resource Suppliers or who provide only non-gaming related goods or services to the

Tribal Gaming Operation shall, at minimum, complete a short form application and

qualify for a vendor permit issued by the Tribal Gaming Agency. Such permits

must be renewed at least every two (2) years and the Tribal Gaming Agency may

require additional information or licensing at any time.

9.6.6 Temporary or Provisional Licenses Pending completion of an

investigation for a license, the Tribal Gaming Agency may issue a temporary or

provisional license of no more than ninety (90) days duration if, in its sole

discretion, it deems such issuance appropriate. However, the Tribal Gaming

Agency may grant an extension of such a license if necessary to complete the

investigation or to obtain the results from fingerprint cards. Such licenses shall

permit the licensee to engage in such activities pursuant to such terms and

conditions as the Tribal Gaming Agency may specify. Temporary or provisional

licenses shall expire ninety (90) days from date of issuance, upon issuance of a

regular license, or until a specified expiration date, whichever occurs first.

9.7 License Renewal All licenses and permits shall be subject to renewal

at least every two (2) years, and more frequently if so required by the Tribal

Gaming Agency or other applicable law. Such licenses or permits may be revoked

or suspended upon the occurrence of any act which, if known during the application

process, would have tended to disqualify such person or entity for such a license.

9.8 License Investigations The Tribal Gaming Agency may employ all

reasonable means, including engaging outside services and investigators and

holding hearings, to acquire the information necessary to determine whether or not

a license should be issued. Applicants shall agree to release all information

necessary in order for the Tribal Gaming Agency to achieve its goals under this

section and to furnish such information to the NIGC, a state gaming regulatory

agency, or other agencies as may be required by tribal, federal, or state law or the

Gaming Compact.

9.9 License Fees Unless specifically waived by the Tribal Gaming Agency,

all persons applying for a license shall be required to pay all applicable license fees

and costs when due, including a reasonable deposit for costs that may be incurred in

connection with the license application. Estimates of licensing costs will be

provided to applicants upon reasonable request. All fees and costs must be received

by the Tribal Gaming Agency prior to issuance of the license, unless the Tribe or the

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Gaming Operation has agreed to reimburse the Tribal Gaming Agency directly for

all or part of such fees and costs.

9.10 Standards All persons engaged by or associated with any gaming

activity on Tribal Lands shall conduct themselves with honesty, integrity, and with

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

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

violation of a rule, ordinance, custom or tradition of the Tribe, the Tribal Gaming

Agency, or the Gaming Operation/Enterprise, or with the terms or conditions of the

license, may be grounds for immediate suspension or revocation of any license

issued hereunder.

9.11 Appeals All decisions of the Tribal Gaming Agency regarding the

issuance of licenses shah be final and effective when the decision is issued; provided

that, within fifteen (15) days of the receipt of the written decision regarding denial

of the license, the applicant may file a petition for reconsideration with the Tribal

Gaming Agency. Tribal Members denied a license by the Tribal Gaming Agency

may, within thirty (30) days of written notice of such denial, appeal the denial to

the Tribal Gaming Agency. No license may be issued if such issuance would place

the Tribe in violation of the Gaming Compact, or of any other applicable law.

9.12 Background Investigations

9.12.1 The Tribal Gaming Agency shall request from each Primary

Management Official, Key Employee, and any other applicant for a Class A license,

unless provided otherwise by the Tribal Gaming Agency consistent with applicable

law, all of the information specified in subsections 9.12.1.1 through 9.12.1.14 below,

as well as any other information required on the gaming license application. The

Tribal Gaming Agency reserves the right, at any time, to request additional

information during or subsequent to any background investigation.

9.12.1.1 Full name, other names used (oral or written),

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

gender, all languages (spoken or written);

9.12.1.2 Currently and for at least the previous ten (10)

years: business and employment positions held, ownership interests in

those businesses, business and residence addresses and drivers license

number(s);

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9.12.1.3 Names and current addresses of at least three (3)

personal references (who are not related to or living in the same

household with applicant), including one personal reference who was

acquainted with the applicant during each period of residence as listed

under subsection 9.12.1.2 above;

9.12.1.4 Current business and residence telephone

numbers;

9.12.1.5 A description of any existing and previous business

relationships with the gaming industry generally, including ownership

interests in those businesses;

9.12.1.6 A description of any existing and previous business

relationships with Indian tribes, including ownership interests in those

businesses;

9.12.1.7 Name and address of any licensing or regulatory

agency with which the person has ever filed an application for a license

or permit related to gaming, whether or not such license or permit was

granted;

9.12.1.8 For each felony for which there is an on-going

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

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

9. 12.1.9 For each misdemeanor conviction or on-going

misdemeanor prosecution (excluding minor traffic violations) within

ten (10) years of the date of the application: the name and address of

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

9.12.1.10 For each criminal charge (excluding minor traffic

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

charge is within ten (10) years of the date of the application and is not

otherwise listed above pursuant to subsections 9. 12.1.8 or 9.12.1.9

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

and the date and disposition, if any, of the case;

9. 12.1.11 Name and address of any licensing or regulatory

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

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has filed an application for an occupational license or permit, whether

or not such license or permit was granted;

9.12.1.12 Current photograph;

9.12.1.13 Any other information the Tribe or Tribal Gaming

Agency deems relevant; and

9.12.1.14 Fingerprints consistent with procedures adopted by

the Tribal Gaming Agency according to 25 C.F.R. § 522.2(h) and, as

applicable, fingerprints to be processed through a state agency.

9.12.2 The Tribal Gaming Agency shall conduct or cause to be

conducted, an investigation sufficient to make a determination of eligibility as

required under this Ordinance and other applicable law. This shall include

verification of information submitted by the applicant. The Tribal Gaming Agency

shall document all potential problem areas noted and any disqualifying information.

In conducting the background investigation, the Tribal Gaming Agency and its

agents shall promise to keep confidential the identity of each person interviewed in

the course of the investigation.

9.12.3 Fingerprints shall be taken by the Tuolumne County Sheriffs

office or, if qualified to do so, by the Tribal Gaming Agency. Fingerprints will then

be forwarded to the NIGC and to the state agency, if applicable, consistent with all

applicable laws and the Gaming Compact. Fingerprints shall be processed through

the FBI and/or other available state sources as applicable to determine the

applicants criminal history, if any.

9.13 Eligibility Determination The Tribal Gaming Agency shall review a

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

associations to make a finding concerning the eligibility of a Key Employee or

Primary Management Official for employment in the Gaming Enterprise. If the

Tribal Gaming Agency 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, the Tribal Gaming Operation shall not employ that person in a

key employee or primary management official position or in any other position for

which a Class A license is required.

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9.14 Forwarding Licensing Applications and ReDorts to NIGC

9.14.1 Unless otherwise provided by the NIGC, on or before the date

any Key Employee or Primary Management Official is employed by a Gaming

Operation authorized under this Ordinance, the Tribal Gaming Agency shall

forward to the NIGC th:e persons completed application for employment containing

the information required under Section 9.12 of this Gaming Ordinance.

9.14.2 Prior to issuing a license to a Primary Management Official or

Key Employee, the Tribal Gaming Agency shall forward to the NIGC, together with

a copy of the eligibility determination made under Section 9.13 above, an

investigative report on each background investigation. The investigative report on

each background investigation shall be forwarded to the NIGC within sixty (60)

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

this Ordinance by the NIGC. The Gaming Enterprise shall not employ or continue

to employ any person as a Key Employee or Primary Management Official who does

not have a license within ninety (90) days of beginning work.

The investigative report shall include the following information:

9.14.2.1 Steps taken in conducting a background investigation;

9.14.2.2 Results obtained;

9.14.2.3 Conclusions reached; and

9.14.2.4 The bases for those conclusions.

9.14.3 The Tribal Gaming Agency shall provide to the NIGC or other

applicable agency, any other reports and information required by IGRA and

regulations promulgated thereunder. Further, with respect to Key Employees and

Primary Management Officials, the Tribal Gaming Agency shall retain applications

for employment and reports (if any) of background investigations for inspection by

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

employment.

9.14.4 Ifa license is not issued to an applicant, or the license is

granted and later revoked, the Tribal Gaming Agency shall notify the NIGC and

may forward copies of its eligibility determination and investigative report (if any)

to the NIGC for inclusion in the Indian Gaming Individuals Records System.

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9.15 Granting a Gaming License

9.15.1 If, within a thirty (30) day period after the NIGC receives a

report as required under subsection 9.14 above, the NIGC notifies the Tribal

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

license application filed for a Key Employee or Primary Management Official for

whom the Tribal Gaming Agency has provided an application and investigative

report, the Tribal Gaming Agency may issue the license.

9.15.2 The Tribal Gaming Agency shall provide any additional

information requested by the NIGC concerning a Key Employee or Primary

Management Official who is the subject of a report as required under this

subsection. An NIGC request for additional information shall suspend the thirty

(30) day period established under subsection 9.15.1 above until the NIGC receives

the additional information.

9.15.3 If, within the thirty (30) day period established under

subsection 9.15.1 above, the NIGC provides a statement itemizing objections to

issuance of a license to a Key Employee or Primary Management Official, the Tribal

Gaming Agency shall reconsider the application, taking into account such

objections. The Tribal Gaming Agency retains the right to make the final

determination whether to issue the license to such applicant.

9.16 License Suspension

9.16.1 If, after issuing a gaming license, the Tribal Gaming Agency

receives reliable information from the NIGC or other reliable source indicating that

a Key Employee or a Primary Management Official is not eligible for employment

under the eligibility criteria established in Section 9 above, the Tribal Gaming

Agency shall suspend the license and notify the licensee in writing of the license

suspension and proposed revocation.

9.16.2 The Tribal Gaming Agency shall notify the licensee of a time

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

9.16.3 After the revocation hearing, the Tribal Gaming Agency shall

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

in response to information provided by the NIGC, the Tribal Gaming Agency shall

notify the NIGC of itsdecision.

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9.17 Facilities Licenses Before Gaming Activities can be conducted

therein, the Tribal Gaming Agency shall inspect and license each such facility in

accordance with this Ordinance, the Gaming Compact, and any requirements of

IGRA. The Tribal Gaming Agency shall also determine and certify that the gaming

facility and any new gaming facility construction meets the Tribes building and

safety codes, and any applicable federal or Gaming Compact requirements, and

issue a certificate of occupancy to the facility as required under the Gaming

Compact.

9.18 Effect of Gaming Compact Notwithstanding anything in this Section

9 or any other part of this Ordinance to the contrary, any licensing procedures

required under the Gaming Compact shall be implemented as provided therein, and

the Tribal Gaming Agency may adopt regulations integrating such procedures with

the foregoing.

Section 10. Application Forms

10.1 Each application form for a Key Employee or a Primary Management

Official, as well as for all other Class A license applicants, unless otherwise

specifically exempted by the Tribal Gaming Agency consistent with applicable law,

shall contain the notices set forth in subsections 10.1.1 and 10.1.2 below:

10.1.1 Privacy Act Notice

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 ~çj. 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 the Tuolumne Band of Me-Wuk Indians and the National Indian Gaming

Commission members and staff who have need for the information in the

performance of their official duties. The information may be disclosed to

appropriate federal, tribal, state, local, or foreign law enforcement and regulatory

agencies when relevant to civil, criminal or regulatory investigations or

prosecutions or when pursuant to a requirement by a Tribe or the National Indian

Gaming Commission in connection with the hiring or firing of an employee, the

issuance or revocation of a gaming license, or investigations of activities while

associated with a Tribe or a gaming operation. Failure to consent to the disclosures

indicated in this notice will result in a Tribes being unable to hire you in a Primary

Management Official or Key Employee position.

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The disclosure of your Social Security Number (SSN) is voluntary.

However, failure to supply a SSN may result in errors in processing your

application.

10.1.2 Notice Regarding False Statements

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, § 1001)

10.2 Any existing Key Employee or Primary Management Official, or other

Class A licensee, unless otherwise specifically exempted by the Tribal Gaming

Agency, shall be notified that they shall either:

10.2.1 Complete a new application form that contains the Privacy Act

Notice and the Notice Regarding False Statements; or

10.2.2 Sign a statement that contains the Privacy Act Notice and

consent to the routine uses described in that Notice, and sign a statement that

contains the Notice Regarding False Statements.

Section 11. Class III Gaming: Gaming Compact

In addition to the provisions set forth above, Class III gaming shall be

engaged in on the reservation pursuant to a Tribal-State Compact or by an

alternative as I)rovided by IGRA. All negotiations for such compacts and

amendments thereto shall be conducted through the Community Council, with the

advice and suggestion of the Tribal Gaming Agency, and shall be finalized only

upon majority vote of the Community Council after consideration of the terms. In

the event the provisions of a Gaming Compact, as approved under IGRA, may be

inconsistent with provisions herein, the approved Gaming Compact provisions shall

govern over the provisions therein but only to the extent inconsistent herewith.

Section 12. Interest in Management Contracts by Tribal Officials

No elected official of the Tribe, including the Tribal Gaming Agency, or any

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

management responsibility for any management agreement entered into pursuant

to IGRA, nor shall such elected official serve on the board of directors or hold

(directly or indirectly) ten percent (10%) or more of the issued and outstanding stock

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of any corporation, or 10% or more of the beneficial interest in any partnership,

trust, or other entity, in any such corporation, partnership, trust or other entity

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

Section 13. Service of Process

The Tribe designates the Chairman of the Tribe as its agent for the service of

official determinations, orders, or notices of violation from any federal or state

agency, and further directs that the Chairman of the Tribal Gaming Agency also

receive any notice related to gaming from any state, local and federal agencies,

including the NIGC and the State Gaming Agency.

Section 14. Tribal Gaming Corporation

Nothing in this Ordinance shall prevent the Tribe, through its Community

Council, from delegating the authority to conduct gaming to one or more Tribal

corporations, so long as the tribal gaming enterprises to which such authority is

delegated agree to meet all criteria and requirements established under this

Gaming Ordinance.

Section 15. Prior Gaming Ordinances; Effective Date

This Gaming Ordinance supercedes all prior gaming ordinances of the Tribe,

and shall become effective upon its adoption by the Community Council.

Section 16. Severability

If any provision or application of this Gaming Ordinance is determined by

review to be invalid, such determination shall not be held to render such provision

inapplicable to other persons or circumstances, nor shall such determination render

invalid any other provision of this Gaming Ordinance.

Section 17. Amendments

All provisions of this Gaming Ordinance are subject to amendment by the

Community Council. Regulations promulgated by the Tribal Gaming Agency under

this Gaming Ordinance are subject to amendment by the Tribal Gaming Agency.

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p

Section 18. Sovereign Immunity Preserved

Nothing in this Gaming Ordinance is intended or shall be construed as a

waiver of the sovereign immunity of the Tribe, and no manager, officer, or employee

of the Tribal Gaming Agency or the Tribe or the Gaming Facility shall be

authorized, nor shall they attempt, to waive the immunity of the Tribe.

CERTIFICATION

We, the duly elected Tribal Community Council, do hereby certify that the

foregoing ordinance was adopted at a duly constituted meeting of the Tribal

Community Council held on April 18, 2001, by a vote of 20 for, Q against and ~

abstentions, and such Resolution has not been rescinded or amended in any way.

I

Kevin Day, Chairman

Adopted by the Tuoluinne Community Council

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