TULE RIVER TRIBE 

OF THE 

TULE RIVER INDIAN RESERVATION

GAMING ORDINANCE

Revised October 30, 2018
TABLE OF CONTENTS

Page

I. PURPOSE........................................................................................................................................1

II. DEFINITIONS. .................................................................................................................................1

III. GAMING AUTHORIZED. .................................................................................................................4

IV. OWNERSHIP OF GAMING FACILITIES AND/OR ENTERPRISES. ..............................................4

V. USE OF GAMING REVENUE..........................................................................................................4

VI. REGISTERED AGENT. ...................................................................................................................5

VII. GAMING COMMISSION CREATION AND RESPONSIBILITIES. ..................................................5

VIII. LICENSING....................................................................................................................................12

IX. GAMES. .........................................................................................................................................20

X. AMENDMENTS..............................................................................................................................22

XI. SEVERABILITY..............................................................................................................................22

XII. REPEAL. ........................................................................................................................................23

XIII. SOVEREIGN IMMUNITY...............................................................................................................23

XIV. CONSENT TO JURISDICTION. ....................................................................................................23
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I. PURPOSE.

The Tule River Tribe of the Tule River Indian Reservation ("Tribe"), as the beneficial owner of the Tule 

River Indian Reservation, and acting pursuant to its Constitution in the exercise of its inherent sovereign 

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

Tule River Indian Reservation and the members of the Tribe, hereby ordains and establishes this Gaming 

Ordinance for the purpose of authorizing and comprehensively and preemptively regulating the terms and 

conditions under which Class II and Class III gaming may be conducted within the boundaries of the Tule 

River Indian Reservation. It is the intent of the Tribe that this Gaming Ordinance and provisions within 

shall be interpreted in a manner so as to comply with the terms of the Compact, IGRA and applicable 

NIGC regulations.

II. DEFINITIONS.

Unless otherwise defined herein, the terms used in this Gaming Ordinance shall have the same meanings 

set forth in the Compact. 

A. "Class I gaming" has the same meaning as such term is defined in Section 2703(6) of IGRA.

B. "Class II gaming" has the same meaning as such term is defined in IGRA Section 2703(7) 

and by regulations lawfully promulgated by the NIGC and the Commission, that now or hereafter may be 

in effect.

C. "Class III gaming" has the same meaning as such term is defined in IGRA, 25 U.S.C. 

Section 2703(8) and by valid regulations promulgated by the NIGC, that now or hereafter may be in 

effect.

D. "Comment" shall mean any response by the Tribal Council to an item that has been placed 

on an official Tribal Council meeting agenda. If Tribal Council approval is required, failure of the Tribal 

Council to respond to any item within thirty (30) calendar days after it has been placed on an official Tribal 

Council meeting agenda shall constitute an approval by the Tribal Council of such item.

E. "Compact" means the Tribal-State Compact between the State of California and the Tribe 

currently in effect. Such Compact is a Federal instrument required by the Indian Gaming Regulatory Act, 

which allows the Tribe to conduct Class III gaming, and is an agreement between the Tribe and the State, 

which must be approved by the Federal Government.

F. "Compliance Certificate" means a certificate issued by a qualified building and safety expert 

which states that the construction of the Gaming Facility complies with the Tribe's applicable building and 

safety codes. The Compliance Certificate must be posted in a conspicuous and public place in the 

Gaming Facility. 

G. "Employee" has the same meaning as the term is used by the United States Internal 

Revenue Service. 

H. "Gaming" or "Gambling" means the offering of any games authorized by this Gaming 

Ordinance.

I. "Gaming Authority" shall mean the economic entity established by the Tribe to own and 

operate the Gaming Operation. 

J. "Gaming Contractor" shall mean any person or entity that supplies gaming devices, gaming 

components, gaming equipment, personnel or services to the Gaming Operation and includes such 

Gaming Resource Suppliers.
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K. "Gaming Device" shall have the same meaning as defined in the Compact. 

L. "Gaming Employee" shall have the same meaning as defined in the Compact.

M. "Gaming Facility" shall mean any building or room in which Class II or Class III gaming 

activities or Gaming Operations occur, or in which the business records, receipts, or other equipment and 

supplies of the Gaming Operation are maintained, to include structures on the property designed to 

facilitate the orderly functions of the enterprise. Gaming Facility does not include the Commission offices, 

such offices are governmental offices of the Tribe. 

N. "Gaming Operation" means the business enterprise which is owned and operated by the 

Gaming Authority and is within the jurisdiction of the Tribe, is licensed by the Commission and that 

operates games, receives the revenues, issues the prizes, and pays the expenses of the games. 

O. "Gaming Resources" shall mean any goods or services used in connection with gaming 

activities, including, but not limited to, equipment, furniture, gaming devices and ancillary components, 

playing cards, gaming consulting services and gaming contractors.

P. "Gaming Resource Supplier" shall have the same meaning, as defined in the Compact.

Q. "immediate family" or "related to" shall mean persons who are the subject individual's 

spouse, parents, guardians, siblings, or children (either biological or adopted).

R. "Indian Gaming Regulatory Act" or "IGRA" refers to P.L. 100-497, 25 U.S.C. Sec. 2701 et 

seq. which identifies the manner in which Indian tribes shall conduct gaming and how such gaming is to 

be regulated.

S. "Key Employee" means:

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

a. Bingo Caller;

b. Counting Room Supervisor;

c. Director of Security;

d. Custodian of Gaming Supplies or Cash;

e. Floor Manager;

f. Pit Boss;

g. Dealer;

h. Croupier;

i. Approver of Credit; or 

j. Custodian of Gaming 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;

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

Gaming Operation; and/or

4. Any position formally designated by the Commission to be considered a Key 

Employee.

T. "License" means the written approval of the Commission that authorizes the privilege of 

conducting Gaming or working in Gaming within the jurisdiction of the Tribe to a specific individual and/or 

a specific entity and/or a specific Gaming Facility and/or Gaming Operation.
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U. "Licensee" refers to an individual, entity and/or facility, which has received the privilege, in 

written form, of conducting and/or working in Gaming within the jurisdiction of the Tribe.

V. "Minimum Internal Control Standards" or "MICS" shall mean the Internal Controls 

established by the National Indian Gaming Commission as published in the Federal Register.

W. "National Indian Gaming Commission" or "NIGC" means the federal gaming regulatory 

body created by the IGRA, and as IGRA may hereafter be amended.

X. "Net Revenues" means gross Gaming revenues of the Gaming Operation less (1) amounts 

paid out as, or paid for, prizes, and (2) total Gaming-related operating expenses, including all those 

expenses of the Gaming Operation commonly known as operating expenses and non-operating 

expenses consistent with professional accounting pronouncements, excluding any management fees.

Y. "Non-Key Gaming Employee" means an Employee of the Gaming Operation who is not a 

Key Employee or Primary Management Official, but otherwise meets the definition of a "Gaming 

Employee" (as defined in the Compact).

Z. "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;

b. Set up working policy for the Gaming Operation; or

c. Any other person designated by the Tribe as a Primary Management 

Official;

3. The chief financial officer or other person who has financial management

responsibilities for the Gaming Operation; or

4. Any position formally designated by the Commission as such.

AA. "Reservation" shall mean all lands under the jurisdiction and control of the Tribe and its 

governing body.

BB. "Senior Gaming Management" means the Gaming Operation's general manager, assistant 

general managers, Gaming directors and assistant Gaming directors.

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

gaming licenses pursuant to the Gambling Control Act (Chapter 5, commencing with Section 19800 of 

Division 8 of the California Business and Professions Code), and includes, but is not limited to, the 

California Gambling Control Commission.

DD."Tribal Chairperson" shall mean the person duly elected under the Tribe's Constitution and 

Bylaws and serves as the primary spokesperson of the Tribe.

EE. "Tribal Council" means the elected governing body of the Tribe as established and defined 

by the Tribe's Constitution.

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

GG. "Tule River Internal Control Standards" or "TRICS" shall mean the Internal Controls 

established by the Commission and approved by the Tribal Council.
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HH. "Tule River Tribe" or "Tribe" shall mean the Tule River Tribe of the Tule River Indian 

Reservation. 

II. "Tule River Tribe Gaming Commission" or "Commission" refers to the regulatory body 

appointed by the Tribal Council to be responsible for the regulation of Gaming within the jurisdiction of the 

Tribe.

JJ. "Tule River Tribe Regulatory Gaming Agency" or "Agency" refers to the regulatory body 

responsible for the day-to-day responsibilities that are required to be fulfilled by the Commission.

KK. "work permit" means an authorization issued to an Employee of the Gaming Operation who 

does not meet the definition of a Gaming Employee.

III. GAMING AUTHORIZED.

A. Authorization. Class II and Class III gaming are each hereby authorized on the 

Reservation; provided however, such gaming is conducted in accordance with this Gaming Ordinance, 

IGRA, applicable NIGC regulations, and any other applicable laws or regulations. Any provision in the 

Compact providing for testing, notice to, and comment from the State, shall be complied with before any 

game is authorized by the Commission. When there is reasonable cause to question the classification of 

a game (i.e. Class II or Class III) the Commission shall authorize such games to be conducted as Class II, 

unless or until the NIGC rules otherwise or until a court of competent jurisdiction has ruled otherwise. 

B. Unauthorized or Unapproved Gaming. Class II and Class III Gaming by any individual on 

the Reservation, except as authorized pursuant to this Gaming Ordinance is prohibited.

IV. OWNERSHIP OF GAMING FACILITIES AND/OR ENTERPRISES.

The Tribe shall have the sole proprietary interest in and the responsibility for the conduct of any Gaming 

Facilities and/or Gaming Operation(s) authorized by this Gaming Ordinance. The Tribal Council shall be 

responsible for ensuring that the Gaming Operations are managed appropriately and in a businesslike 

manner.

V. USE OF GAMING REVENUE.

A. Except as specifically authorized pursuant to Section B of this Article, Net Revenues from 

Class II and Class III gaming on the Reservation shall be used only for the following purposes:

1. To fund the Tribe's governmental operations and programs;

2. Provide for the general welfare of the Tribe and its Tribal Members;

3. Promote economic development on the Reservation;

4. Donate to charitable organizations; and/or

5. Help fund operation of local government agencies.

B. If the Tribal Council elects to distribute per capita payments to Tribal Members, it shall 

authorize such payments in conformity with a revenue allocation plan submitted to and approved by the 

Secretary of the Interior pursuant to 25 U.S.C. §2710(b)(3).
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VI. REGISTERED AGENT.

The Chairperson of the Tribe shall be the designated and registered agent to receive notice of violations, 

orders, or determinations which are issued pursuant to IGRA or the Compact.

VII. GAMING COMMISSION CREATION AND RESPONSIBILITIES.

A. Creation of Commission. 

1. There is hereby created the Commission, which shall consist of three (3) persons 

who themselves qualify for licensing under this Gaming Ordinance. Said members shall serve a term of 

three (3) years. The terms of gaming commissioners shall be staggered, with the initial terms as follows: 

one gaming commissioner shall be appointed for a three (3) year term and the remainder shall be 

appointed for two (2) years. The Tribal Council shall determine and authorize the compensation to be 

paid to members of the Commission based upon the Commission's determination of the time required to 

be expended upon Commission duties and the qualifications of the appointed gaming commissioners.

2. The Commission will conduct oversight to ensure compliance with Tribal, Federal 

and, if applicable, State laws and regulations. It will serve as the licensing authority for individuals 

employed in the Gaming Operation and will administer background investigations as part of the licensing 

process. The Commission will also have a role in monitoring compliance with the Gaming Operation's 

internal controls and in tracking gaming revenues. In order to carry out its regulatory duties, the 

Commission shall have unrestricted access to all areas of the Gaming Operation and to all of the Gaming 

Operation’s records. The Commission shall have authority to take enforcement actions, including 

suspension or revocation of a License, when appropriate.

3. The members of the Commission shall be appointed by the Tribal Council by 

resolution. Said appointees shall not be removed during their terms of office except for misconduct, 

neglect of duties or other acts that would render such persons unqualified for licensure hereunder. An 

affirmative vote of a simple majority of the Tribal Council, taken in an open meeting after a duly-noticed 

hearing at which the member charged with misconduct shall have the right to be heard and may present 

evidence concerning his/her removal, shall be required to remove a member of the Commission. At the 

request of the member whose removal is at issue, the hearing may be held in executive session. The 

Commission also may elect to receive in executive session any evidence public disclosure of which might 

compromise any on-going law-enforcement investigation, or which might jeopardize any privilege or 

immunity possessed by the Commission. The Commissioner, whose removal is at issue, shall be allowed 

representation by legal counsel or volunteers to speak in favor on his/her behalf before the Tribal Council 

at his/her own expense.

4. There shall be a Chairperson, Vice-Chairperson, and Secretary/Treasurer of the 

Commission, elected from its membership, who shall be appointed for a term of one (1) year by a simple 

majority vote of the Commission. A majority of the Commission shall constitute a quorum. 

5. The following shall not serve as gaming commissioners:

a. Persons employed in or in conjunction with the management, 

supervision, or conduct of any Gaming on the Reservation, or until at least two (2) years have passed 

since that employment;

b. Persons related to any Gaming Contractor, including any principal 

thereof or persons related to any associated independent contractor;

c. Members of the Tribal Council during his/her term thereof;

d. A person who is not a Tribal Member; and
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e. A person who cannot obtain or maintain a valid License issued by the 

Commission.

B. Ethics.

1. Commissioners and Commission staff shall not hold financial interests that 

conflict with the conscientious performance of their duties.

2. Commissioners and Commission staff shall not engage in financial transactions 

using nonpublic information or allow the improper use of such information by others on their behalf to 

further any private interest.

3. Commissioners and Commission staff shall not solicit or accept any gift or other 

item of monetary value, including complimentary items or services, from any individual seeking official 

action or inaction from, doing business with, or conducting activities regulated by the Commission, or 

whose interests may be substantially affected by the Commission. This restriction does not apply to items 

of de minimis value or items or services available to all Tribal Members or to all members of the 

Commission.

4. Commissioners and Commission staff shall not use their positions for private 

gain.

5. Commissioners and Commission staff shall act impartially, in accordance with all 

relevant Tribal, Federal and State laws (where applicable), and shall not give preferential treatment to any 

private organization or individual, including to any individuals related to Commissioners or Commission 

staff.

6. Commissioners and Commission staff shall not engage in outside employment 

(including seeking or negotiating for future employment) or any other activity which conflicts with their 

Commission duties and responsibilities.

7. Commissioners and Commission staff shall disclose waste, fraud, abuse, and 

corruption to appropriate authorities.

8. Commissioners and Commission staff shall endeavor to avoid any actions 

creating the appearance that they are violating the law or the ethical standards listed in this Section B.

9. Commissioners and Commission staff shall fully comply with internal 

Commission bylaws governing conflicts of interest and codes of conduct and Tribal laws governing 

conflicts of interest of tribal officials.

10. Commissioners shall disclose to the Tribal Council any conflicts of interest. The 

executive director shall disclose to the Commission any conflicts of interest. Commission Staff members 

shall disclose to the executive director any conflicts of interest. If there is a real or apparent conflict of 

interest related to any matter before the Commission, the Commissioner subject to the conflict of interest 

shall not take part in a decision related thereto.

C. Duties and Responsibilities of the Commission. The following are the duties and 

responsibilities that are required of the Commission, and which the Commission is authorized to 

undertake, in order to fulfill its regulatory requirements as identified in this Gaming Ordinance and 

encouraged by the NIGC, in Bulletins, the Indian Gaming Regulatory Act of 1988 as amended, and as 

required by the MICS, TRICS and the Compact, the Commission shall:

1. Be responsible for the issuance, suspension, revocation and renewal of Licenses 

and work permits (as applicable) for Primary Management Officials, Key Employees, all other Employees 
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and Gaming Contractors who wish to have an employment and/or business relationship with a Gaming 

Operation, the Commission, or the Agency, upon completion of background investigations;

2. Ensure that background investigations are conducted upon those individuals and 

entities that have an employment or business relationship with a Gaming Operation for purposes of 

licensing;

3. Be responsible for the submission of applicable licensing applications and 

investigations to the appropriate agencies;

4. Be responsible for ensuring that only those individuals and entities that have an 

employment or business relationship with a Gaming Operation, are suitable to receive a License or a 

work permit, as applicable;

5. Be responsible for the secure storage and maintenance of all gaming 

applications, reports and documents belonging to the Commission;

6. Be responsible for the issuance of License to each Gaming Facility;

7. Be responsible for ensuring that all Gaming Operations are in compliance with all 

applicable health, safety and environmental laws and regulations;

8. Be responsible for ensuring that an annual independent audit, and/or any 

additional audits of the Gaming Operations that the Commission deems necessary, is performed upon all 

Gaming Operations and that the applicable audits are submitted to the appropriate agencies pursuant to 

applicable law, such as the National Indian Gaming Commission;

9. Ensure that Net Revenues are used according to applicable Tribal and Federal 

law unless otherwise guaranteed by the Tribal Council;

10. Promulgate Tribal gaming regulations;

11. Ensure compliance with applicable Tribal and Federal Laws, codes, regulations, 

and the Compact;

12. Communicate and work with Tribal law enforcement agencies, outside law 

enforcement agencies and regulatory agencies regarding gaming regulation, so as to protect the assets 

and the integrity of the Gaming Operations;

13. Ensure that investigations are performed upon alleged and actual gaming 

violations to ensure that appropriate enforcement actions are taken and appropriate incident reports are 

made;

14. Be responsible to conduct hearings, take and review evidence and testimony in 

regards to gaming licensing and alleged violations of gaming laws and regulations;

15. Establish and/or approve internal control standards that will protect the assets 

and the integrity of the Gaming Operations and ensure that they are complied with;

16. Ensure that random and regularly scheduled audits are performed on all areas of 

the Gaming Operations;

17. Establish and/or approve rules for Class II and Class III games conducted within 

the jurisdiction of the Tribe;
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18. Be responsible for the on-going inspection of all gaming equipment and all 

gaming areas;

19. Establish and/or approve requirements for the testing of all Gaming Devices;

20. Be responsible for hearing Patron Disputes (defined below) in the event that 

gaming management is unable to initially resolve the dispute;

21. Be the primary contact entity for all outside gaming regulatory agencies;

22. Be responsible for the review and approval of the budget of the Agency and 

Commission prior to submission for final approval by the Tribal Council;

23. Supervise the executive director of the Agency;

24. Establish and collect fees associated with costs related to licensing, performing 

background investigations and testing of equipment;

25. Be solely responsible for the levying of fines due to gaming violations;

26. Inspect, copy, audit, impound and examine any gaming documents and records 

without notice;

27. Issue subpoenas for purposes of receiving relevant information concerning 

gaming, which cannot be retrieved in any other manner;

28. Apply for injunctive or declaratory relief in order to protect the assets and integrity 

of the Gaming Operations;

29. Enter into contracts for professional assistance, such as accountants, 

investigators and legal services;

30. Exclude individuals and create a list of those who are and should be excluded 

from the Gaming Facility;

31. Protect confidentiality of individuals and entities as identified within applicable 

law;

32. Provide monthly reports, or as required to the Tribal Council;

33. Be responsible for having final approval or denial authority over all Agency and 

Gaming Operations policies and procedures, subject to review by the Tribal Council;

34. Delegate authority as is required and in compliance with applicable law, 

regulations; and

35. Create at its discretion an internal investigative department for the purpose of 

conducting criminal investigations, regulatory violations, or non-compliance issues, subject to approval by 

the Tribal Council.

D. Commission Authority and Obligations. 

1. Authority. In addition to the authority granted in Section C of this Article, the 

Commission shall have the below-listed authority.
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a. The Commission shall be allowed to delegate day-to-day responsibilities 

and functions of the Commission to the Agency.

b. The Commission, independent of the Tribal Council, shall have full 

authority to monitor and enforce compliance with this Gaming Ordinance, Tribal codes and its regulations, 

to investigate and act to prevent any violation(s) thereof.

c. The Commission shall have the authority to issue separate Licenses for 

each Gaming Facility and Gaming Operation.

d. The Commission shall have the authority to designate and classify the 

types of Licenses or work permits, as applicable, that are to be issued to individuals and to Gaming 

Facilities.

e. The Commission shall have the authority to issue gaming Licenses for 

purposes of Class II and Class III gaming within the jurisdiction of the Tribe.

f. The Commission shall have the authority to issue temporary Licenses to 

any person or entity applying for a License to work in or do business with the Gaming Operation which 

shall be valid pending the completion of a background investigation of such person or entity and, if 

applicable, pending review of an applicant’s background investigation by NIGC in accordance with 

Section E.6 of Article VIII. In no event shall a temporary License be valid for longer than ninety (90) 

calendar days. 

2. Obligations. 

a. The Commission shall carry out its statutory duties and responsibilities in 

a manner that allows the Commission to act as a regulatory body by means of the adoption of standard 

operating procedures for the Commission, which will identify the manner in which the Commission 

manages its formal business and makes its decisions.

b. The Commission shall supervise the executive director and shall stay 

free from personnel matters of the Agency and shall act as the hearing and appeals body of personnel 

matters that are unable to be resolved by the executive director.

c. The Commission shall be responsible for any outside contracts that are 

required for professional services for the Commission and the Agency.

d. The Commission shall act as the final decision making body for all 

gaming regulatory issues that may arise in the event of disagreements or challenges to the Agency initial 

decisions, including licensing and all other delegated responsibilities, identified within this Gaming 

Ordinance prior to any appeal to Tribal Council or its designee.

e. The Commission shall be the primary contact and representative for 

purposes of communication with all outside gaming regulatory agencies in regard to gaming regulatory 

matters.

f. All final decisions concerning gaming regulatory issues, such as 

licensing and compliance with applicable gaming laws of the Commission, shall be subject to the 

standard of preponderance of the evidence, that is, more likely than not the information is accurate, 

based upon the evidence.

g. The Commission shall ensure that the Tribal Council is provided the 

opportunity to review and Comment upon all regulations and TRICS adopted by the Commission, prior to 

adoption. 
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h. The Commission shall ensure that individuals/entities seeking to 

challenge the decisions of the Agency receive due process by means of an appeal procedure that 

provides for the gaming commissioners to sit as the hearing body.

i. The Commission shall cause to be conducted annual independent audits 

of the Gaming Operation and shall submit the results of such audits to the NIGC. All agreements with a 

Gaming Resource Supplier shall be specifically included within the scope of the annual independent 

audit.

E. Files and Records to be Maintained by the Commission; Confidentiality of Information. 

1. Confidentiality of Documents. The Commission shall ensure that all records and 

information obtained pursuant to the exercise of its authority and responsibilities shall remain confidential 

and shall not be disclosed to individuals who are not directly involved in the regulation and oversight of 

the Gaming Operation. The Commission shall maintain a file of all applications and supporting materials 

submitted pursuant to this Gaming Ordinance, together with a record of all actions taken with respect to 

those applications.

2. Scope of Confidentiality. All information and data:

a. Included within any application for a License or work permit and any 

supporting materials;

b. Required by the Commission to be furnished to it under this Gaming 

Ordinance or which may otherwise be obtained relative to the finances, earnings or revenue of any 

Applicant or Licensee;

c. Pertaining to an Applicant's criminal record, antecedents or background 

which have been furnished to or obtained by the Commission from any source; and

d. Provided to the members of the Commission or its employees by a 

governmental agency or an informant or on the assurances that the information will be held in confidence 

and treated as confidential; 

(hereinafter, collectively "Application Information") is confidential and may be reviewed only by the 

Commission, the Commission staff, and, as necessary, by the NIGC and the State Gaming Agency. The 

Commission agrees that the Application Information will be treated as confidential and that releasing the 

Application Information to anyone other than the Commission staff, the NIGC or the State Gaming 

Agency, as necessary, will require: (i) the prior written voluntary consent of the Applicant, but only if that 

consent has been obtained not more than seven (7) calendar days before the disclosure, or in the time 

agreed to by the Applicant in the written consent, or (ii) a valid subpoena, court order or other compulsory 

legal process authorizing the release of the Application Information to someone other than the 

Commission. Any Application Information provided by the Commission to the NIGC or the State Gaming 

Agency will be governed by the applicable confidentiality and privacy statutes pertaining to the NIGC and 

State Gaming Agency.

Unless required to be retained by subpoena, court order, or other compulsory legal process, or because 

of an ongoing criminal investigation, all records and Application Information retained by the executive 

director or the Commission shall be retained for a period of five (5) years, after which such records may 

be destroyed or returned to the Applicant or Licensee. It is a violation of this Gaming Ordinance for an 

individual to falsify, destroy, erase or alter any records of any kind or other information relating to the 

Gaming Operation in a manner other than as provided in this Gaming Ordinance, applicable regulations 

or Commission policy.
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F. Creation of a Tule River Tribe Gaming Regulatory Agency. 

1. There shall be a Tule River Tribe Gaming Regulatory Agency (to be referred to 

as Agency) implemented in order to carry out the day-to-day responsibilities that are required to be 

fulfilled by the Commission.

2. The Agency shall be composed of five (5) primary departments, which shall 

include Administration, Surveillance, Compliance, Background Investigation, Internal Audit and any other 

department deemed necessary to the functioning of the Agency.

3. The Agency Staff shall be held to the same standards as the gaming 

commissioners and will be required to uphold Tribal, Federal and all applicable laws, codes and 

regulations.

4. The Agency shall be structured so that there is an executive director responsible 

for the day-to-day operations of the Agency.

5. The executive director shall be under the direct supervision of the Commission.

6. The executive director shall have direct supervision of those individuals who are 

directors or primary supervisors over the various departments of the Agency and those administrative 

support staff that shall be identified by the Commission.

7. The executive director shall be the primary link between the Agency staff and the 

Commission and shall be responsible for all communications between the Agency staff and the 

Commission.

8. The executive director shall be responsible for all administrative functions of the 

Agency, including, without limitation, the personnel issues that are a normal part of employment.

9. The executive director shall ensure that the Commission is kept aware of all 

information and activities of the Agency staff.

10. The executive director shall be responsible for the budget of the Agency as well 

as the submission of said budget to the Commission for review and approval.

11. The executive director shall be responsible for the efficient operation of the 

Agency.

G. Gaming Surveillance: Powers, Duties and Limitations. 

1. Purpose. The purpose of surveillance is to assist in safeguarding the Gaming 

Operation's assets, to deter and detect criminal acts and regulatory violations, and to maintain public 

confidence and trust that Gaming at the Gaming Operation is conducted honestly and free of criminal 

elements and activity. 

2. Equipment. Gaming Operation surveillance shall include a closed-circuit 

television surveillance system consistent with industry standards for gaming facilities of the type and 

scale operated by the Tribe, which system shall be approved by, and may not be modified without the 

approval of, the Commission. The Gaming Facility shall contain all surveillance equipment, supplies, and 

space as deemed necessary by the Commission for the reasonable protection of patrons, employees and 

Tribal assets. All surveillance systems, equipment, rooms, etc., shall be under the control and jurisdiction 

of the Commission. 
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3. Responsibilities. Surveillance shall be responsible for all Gaming surveillance 

activities including, but not limited to, purchase and maintenance of surveillance equipment. Surveillance 

is responsible for the:

a. Development, implementation, and maintenance of written policies and 

procedures for the conduct and integrity of the surveillance department, subject to approval of the 

Commission;

b. Development, implementation, and maintenance of additional 

procedures governing the use and release of the surveillance recordings or reports, subject to approval of 

the Commission; and

c. Maintenance of the Gaming Facility surveillance floor plan required 

pursuant to the Compact, subject to approval of the Commission. The surveillance floor plan will address 

Commission access to the surveillance system, which may include dedicated access, at the 

Commission's discretion.

4. Surveillance Records. Surveillance personnel shall provide to Senior Gaming 

Management and the Commission a copy of any time-recorded video and accompanying audio (if 

available) as soon as reasonably practicable after request, and in no event later than twenty-four (24) 

hours of such request. Surveillance shall retain video recordings for at least seven (7) calendar days from 

the date of original recording or such shorter period of time as the Commission shall direct.

H. Gaming Security: Powers, Duties and Limitations. 

1. Purpose. The purpose of gaming security is to assist in safeguarding the 

Gaming Operation's assets and to protect the Gaming personnel and patrons by deterring and detecting 

criminal acts and regulatory violations.

2. Licensure. Each Gaming Facility must provide for reasonable security. All 

security must be licensed by the Commission. 

3. Investigations. Gaming security shall be responsible for conducting all 

investigations and reports of incidents at the Gaming Facility consistent with the Compact and all 

applicable Tribal law.

4. Reports. Gaming security shall provide to Senior Gaming Management and the 

Commission a complete copy of all incident reports. The procedure for recording of all incidents shall be 

consistent with the requirements of the Compact.

5. Responsibilities. Gaming security is responsible for the:

a. Development, implementation, and maintenance of written policies and 

procedures for the conduct and integrity of gaming security, subject to approval of the Commission; and

b. Development, implementation, and maintenance of additional 

procedures governing the use and release of incident reports, subject to approval of the Commission.

VIII. LICENSING.

A. Summary of Licensing Principles. All persons in any way connected with the Gaming 

Operation or Gaming Facility who are required to be licensed or to submit to a background investigation 

under IGRA and the Compact, including, but not limited to, all Gaming Employees of the Gaming 

Operation and Gaming Resource Suppliers, and any other person having a significant influence over the 

Gaming Operation must be licensed by the Commission.
- 13 -

B. Licenses. The Commission shall issue Licenses for all Persons for which a License is 

required under IGRA and the Compact, including:

1. Class II and Class III Gaming Facilities;

2. Key Employees;

3. Primary Management Officials;

4. Non-Key Gaming Employees;

5. Financial Sources; and

6. Gaming Resource Suppliers.

C. Current and Valid Gaming License/Work Permit Required. All Employees of the Gaming 

Operation must possess a valid License or work permit, or have an application for a License or work 

permit pending.

D. Gaming Facility License. 

1. Compliance with Applicable Standards. The construction and maintenance of 

any Gaming Facility, and the operation of Gaming Activities, shall be conducted in a manner which 

adequately protects the environment and the public health and safety, and shall comply with requirements 

of the Compact, the Americans with Disabilities Act, and all other applicable health, safety, and 

environmental standards.

2. Licensing Requirement. The Commission is responsible for licensing the 

Gaming Facility located on the Reservation after receiving information regarding the following:

a. The Gaming Facility meets all applicable health and safety standards.

i. To show compliance with applicable health and safety standards, 

Senior Gaming Management shall submit certified copies of Compliance Certificates to the Commission.

ii. The Commission shall forward all Compliance Certificates to the 

State Gaming Agency within ten (10) calendar days of issuance and post such Compliance Certificates in 

a conspicuous and public place in the Gaming Facility.

3. Threshold Licensing Criteria. The Commission may issue a Gaming Facility 

License if:

a. The Gaming Facility is located on the Reservation;

b. The Gaming activity to be conducted at the Gaming Facility is Class II or 

Class III Gaming as defined by this Gaming Ordinance and IGRA; and

c. The Gaming Facility is authorized by a resolution of the Tribal Council.

4. Display of Gaming License. A current valid Gaming Facility License shall be 

prominently displayed at each Gaming Facility.

5. License Duration. A Gaming Facility License shall be issued for a period of (2) 

two years, and shall be reviewed and renewed, if appropriate, every two (2) years thereafter.

6. Submission of License to NIGC and State Gaming Agency. The Commission 

shall submit to the NIGC and the State Gaming Agency a copy of each Gaming Facility License and each 

renewal thereof within thirty (30) calendar days after issuance or renewal.

7. Temporary Suspension of Gaming Facility License. Following an inspection of 

the Gaming Facility by a qualified inspector or the Agency, if the inspector or Agency finds the Gaming 
- 14 -

Facility is failing to adequately protect the environment and the public health and safety in accordance 

with IGRA, the Compact and this Ordinance, the Gaming Facility License will be temporarily suspended. 

During such suspension, proof must be submitted by Senior Gaming Management of the process of 

improvements which will place the Gaming Facility in compliance with the applicable standards to avoid a 

revocation of the Gaming Facility License. 

8. Notice of Illegal Gaming Activity. If the Commission finds that the Gaming 

Facility is operating in violation of this Gaming Ordinance, or otherwise presents a threat to the public, the 

Commission shall immediately notify the Tribal Council.

E. Licensing Application; Background Investigations for Key Employees and Primary 

Management Officials. 

1. The Commission shall ensure that the policies and procedures set out in this 

section, as applicable, are implemented with respect to Key Employees and Primary Management 

Officials employed at any Class II and/or Class III Gaming Operation operated on the Reservation. A log 

of Key Employee and Primary Management Officials shall be kept by the Commission and updated 

annually. 

2. Application Forms. The following notice shall be placed on the application form of 

a Key Employee or a Primary Management Official before the form is filled out by an applicant for a 

License for purposes to work within or to be associated with the Gaming Facility and/or Gaming 

Operations.

In compliance with the Privacy Act of 1974, the following information is provided: Solicitation 

of the information on this form is authorized by 25 U.S.C. 2701 et seq. The purpose of the 

requested information is to determine the eligibility of individuals to be granted a gaming license. 

The information will be used by the Tribal gaming regulatory authorities and by the National 

Indian Gaming Commission (NIGC) members and staff who have need for the information in the 

performance of their official duties. The information may be disclosed by the Tribe or the NIGC 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 issuance, denial, or revocation of a 

gaming license, or investigations of activities while associated with a tribe or a gaming operation. 

Failure to consent to the disclosures indicated in this notice will result in a tribe's being unable to 

license you for a primary management official or key employee position.

The disclosure of your Social Security Number (SSN) is voluntary. However, failure to supply 

a SSN may result in errors in processing your application.

A false statement on any part of your application may be grounds for denying a license or the 

suspension or revocation of a license. Also, you may be punished by fine or imprisonment. (U.S. 

Code, title 18, Section 1001).

3. Background Investigations. 

a. The Commission shall perform a background investigation for each 

Primary Management Official and Key Employee of the Gaming Operation. The Commission shall request 

fingerprints from each Primary Management Official and Key Employee. Fingerprints shall be taken by the 

Agency’s Background Investigation Department. Fingerprints will then be forwarded to the NIGC for 

processing through the Federal Bureau of Investigation ("FBI") to determine the applicant's criminal 

history, if any.
- 15 -

b. In addition to the fingerprints required to be taken pursuant to 

Subsection 3.a of this Section, the Commission or its designated Agency shall request from each Primary 

Management Official and from each Key Employee the following information:

i. Full name, other names used (oral or written), social security 

number(s), birth date, place of birth, citizenship, gender, and all languages spoken and/or written;

ii. Currently, and for the previous ten (10) years, all business and 

employment positions held, ownership interests in those businesses, business and residential addresses, 

and driver's license numbers;

iii. The names and current addresses of at least three (3) personal 

references, including one (1) personal reference who was acquainted with the applicant during each 

period of residence listed under Subsection 3.b.ii of this Section:

iv. Current business and residence telephone numbers and all cell 

phone numbers;

v. A description of any existing and previous business relationships 

with the Tribe or any other Indian tribe, including ownership interests in those businesses;

vi. A description of any existing and previous business relationships 

with the gaming industry generally, including ownership interests in those businesses;

vii. The name and address of every licensing or regulatory agency 

with which the person has filed an application for a license or permit related to gaming, whether or not 

such license or permit was granted;

viii. For each felony for which there is an ongoing prosecution or a 

conviction, the charge, the name and address of the court involved, and the date and disposition, if any;

ix. For each misdemeanor conviction or ongoing 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;

x. For each criminal charge (excluding minor traffic charges), 

whether or not there is a conviction, if such criminal charge is within ten (10) years of the date of the 

application and is not otherwise listed pursuant to Subsection 3.b.viii or 3.b.ix of this Section, the criminal 

charge, the name and address of the court involved and the date and disposition, if any;

xi. The name and address of each licensing or regulatory agency 

with which the person has filed an application for an occupational license or permit, whether or not such 

license or permit was granted;

xii. A current photograph;

xiii. Any other information the Commission may deem relevant under 

the circumstances; and 

xiv. Fingerprints obtained consistent with procedures adopted by the 

Commission or its designated Agency in accordance with 25 C.F.R. §522.2(h).

c. The Commission and/or its designated Agency shall conduct an 

investigation sufficient to make a determination under Section G below. In conducting a background 
- 16 -

investigation, the Commission and/or its Agency Staff shall maintain the confidentiality of each individual 

interviewed in the course of the investigation.

4. Investigative Reports. The Commission shall create and maintain an 

investigative report for each background investigation of a Primary Management Official or Key 

Employee. The investigative report shall include all of the following:

a. Steps taken in conducting the background investigation;

b. Results obtained;

c. Conclusions reached; and

d. The basis for those conclusions.

5. Notice of Results. 

a. Before issuing a License to a Primary Management Official or Key 

Employee, the Commission shall prepare a notice of results of the applicant's background investigation to 

submit to the NIGC.

b. The notice of results must be submitted to the NIGC no later than sixty 

(60) calendar days after the applicant begins working for the Gaming Operation.

c. The notice of results shall include the following information:

i. The applicant's name, date of birth, and social security number;

ii. The date on which the applicant began, or will begin, working as 

a Primary Management Official or Key Employee;

iii. A summary of the information presented in the investigative 

report, including:

(a) licenses that have previously been denied;

(b) gaming licenses that have been revoked, even if 

subsequently reinstated;

(c) every known criminal charge brought against the 

applicant within the last ten (10) years of the date of the application; and

(d) every felony offense of which the applicant has been 

convicted or any ongoing prosecution; and

iv. A copy of the eligibility determination made in accordance with 

Section G of this Article.

6. Granting a Gaming License for a Key Employee and a Primary Management 

Official and the Role of the NIGC. 

a. The Gaming Operation shall not employ as a Key Employee or Primary 

Management Official a person who does not have a License within ninety (90) days of beginning work at 

the Gaming Operation. The Commission may issue a License to a Primary Management Official or Key 

Employee after submitting a notice of results of the Applicant’s background investigation to the NIGC. 
- 17 -

b. The Commission shall promulgate regulations and adopt procedures for 

the internal requirements needed in order to grant a License to a Primary Management Official or a Key 

Employee. Such regulations shall include the following requirements:

i. The Commission shall notify the NIGC of the issuance of a 

License to a Primary Management Official or Key Employee within thirty (30) calendar days of issuance. 

ii. The Commission must reconsider issuance of a License, if, 

within thirty (30) calendar days after the NIGC receives the notice of results, the Commission receives 

from the NIGC a statement itemizing its objection(s) to the issuance of a License to a Key Employee or to 

a Primary Management Official, the Commission shall reconsider the application, taking into account the 

objection(s) itemized by the NIGC. The Commission shall make the final decision whether to issue a 

License to such applicant as provided herein. If the Commission has issued a License to a Primary 

Management Official or Key Employee prior to receiving NIGC’s statement of objections, notice and a 

hearing shall be provided to the Licensee, as required by Section H.

iii. The Commission shall respond to a request for additional 

information from the Chairman of the NIGC concerning a Key Employee or a Primary Management 

Official who is the subject of a report. Such a request shall suspend the 30-day period under Subsection 

6.b.ii of this Section until the Chairman of the NIGC receives the additional information.

c. When the Commission does not issue a License to an applicant for a 

Primary Management Official or Key Employee position, or revokes a previously issued License after 

reconsideration, it shall:

i. Notify the NIGC; and

ii. Forward copies of its eligibility determination and notice of 

results of the applicant's background investigation to the NIGC for inclusion in the Indian Gaming 

Individuals Record System.

7. Record Retention. Notwithstanding the record retention requirement in Article 

VII, Section E, the Commission shall retain, for no less than three (3) years from the date a Primary 

Management Official or Key Employee is terminated from employment with the Gaming Operation, the 

following documentation:

a. application;

b. investigative reports; and 

c. eligibility determinations.

F. Non-Key Gaming Employee Licensing. Non-Key Gaming Employees must be licensed by 

the Commission. Non-Key Gaming Employee Applicants will submit an Application for a Non-Key Gaming 

Employee license to the Commission on such a form or in such manner as the Commission may require. 

The application for a Non-Key Gaming Employee license shall contain all information necessary for the 

Commission to investigate the Non-Key Gaming Employee's background, including his or her criminal 

record, civil and criminal judgments, and credit history, but shall not require all of the information detailed 

in Section E of this Article for Primary Management Officials and Key Employees. If the Commission 

determines that the Applicant is suitable for licensure based on the Commission's review of the 

application and the results of a criminal history check conducted by the Commission, the Commission will 

license the Non-Key Gaming Employee. Non-Key Gaming Employees are not required to undergo the 

complete investigation procedures set forth in Section E of this Article.
- 18 -

G. Licensing Qualifications. The Commission shall conduct a criminal history check on all 

Applicants.

1. Eligibility for Licensure. 

a. The Commission and/or its designated Agency shall review an 

applicant's prior activities, criminal record, if any, and reputation, habits and associations to make a 

determination of suitability concerning the issuance of a License. Copies of the eligibility determination for 

Primary Management Officials and Key Employees shall be included in the notice of results that will be 

submitted to the NIGC. 

b. Should the Commission and/or its designated Agency determine that the 

issuance or renewal of a License of an individual to be employed or continue being employed within the 

Gaming Operation pose(s) 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/or activities in the 

conduct of gaming, the Commission shall not License, and the Gaming Operation shall not employ, that 

person. 

c. The Commission shall establish regulations that identify the suitability 

criteria of an individual to obtain or maintain a License.

2. No individual shall be licensed as a Primary Management Official, Key Employee 

or Non-Key Gaming Employee if:

a. He or she is under the age of:

i. 18 for Non-Key Gaming Employees; or

ii. 21 for Primary Management Officials or Key Employees;

b. He or she has been convicted of, or entered a plea of guilty or nolo 

contendere to any of the following offenses and the conviction has not been expunged or otherwise 

removed from the record by state court order: 

i. A felony involving violence, theft, dishonesty, or moral turpitude 

within the last ten (10) years;

ii. Any offense involving fraud or misrepresentation; or

iii. Any Gaming-related offense;

c. His or her prior activities, criminal record, if any, and reputation, habits, 

and associations pose a threat to the public interest, threaten the effective operation and regulation of 

Gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities 

in the conduct of Gaming;

d. He or she is not an individual of good character, honesty or integrity; or

e. His or her application to the State Gaming Agency for licensure or a 

determination of suitability, or for a renewal of such a licensure or determination, has been denied or has 

expired without renewal.

3. Each person who has a License shall have a continuing obligation to inform the 

Commission immediately upon the occurrence of any circumstance or event which may disqualify the 
- 19 -

Person from obtaining or retaining a License. Failure to report any such occurrence may result in 

suspension or revocation of the application or License and immediate termination from employment.

4. Any applicant for licensure shall make true and full disclosure of all information to 

the Commission necessary or appropriate to carry out the policies of the Tribe and the Commission 

relating to licensing and control of the Gaming Operation. It is the duty of the applicant to disclosure all 

information material to whether the applicant’s involvement with gaming would jeopardize or compromise 

the Tribal interest, whether or not the applicant has been specifically requested to provide that 

information. It shall constitute a violation of this Gaming Ordinance to fail to disclose, to mislead or to 

misstate any such material information to the Gaming Commission. 

H. Gaming License Suspensions and Revocations. 

1. If, after a License is issued to a Primary Management Official or a Key Employee, 

the Commission receives notice from the NIGC that the Primary Management Official or Key Employee is 

not eligible for employment, the Commission shall do the following:

a. Immediately suspend the License;

b. Provide the Licensee with written notice of the suspension and proposed 

revocation; and

c. Provide the Licensee with notice of a time and place for a hearing on the 

proposed revocation of the License.

2. The right to a revocation hearing vests only when a License is granted under an 

ordinance approved by the NIGC Chair.

3. Following a revocation hearing, the Commission shall decide whether to revoke 

or reinstate the License at issue.

4. The Commission shall notify the NIGC of its decision to revoke or reinstate a 

License within forty-five (45) calendar days of receiving notification from the NIGC that a Primary 

Management Official or Key Employee is not eligible for employment.

5. The Commission shall be the final decision maker in regard to all issues 

concerning Licenses within the jurisdiction of the Tribe prior to any appeal to the Tribal Court.

I. Appeals. 

1. The Commission shall provide due process for those who disagree with the 

decisions of the Agency and shall issue procedures that specify timelines and requirements for the 

appeals process.

2. The individuals or entities that choose to challenge a decision of the Agency may 

appeal to the Commission.

3. The Commission shall provide a hearing to the individual or entity that disagrees 

with a decision of the Agency, if the individual or entity submits a written request to the Commission as 

provided by regulation.

4. In order for the Commission to overturn a decision of the Agency, the burden 

shall be upon; the individual or entity requesting the hearing to show, by clear and convincing evidence, 

that:
- 20 -

a. The Agency decision was outside the scope of authority of the Agency; 

and/or

b. Information was discovered that was previously unavailable that would 

change the outcome of the original decision; and/or

c. The decision was arbitrary or capricious.

5. In the event an individual or entity chooses to challenge the Commission 

Appellate decision, the individual or entity may appeal to the Tribal Court. The above burden and 

showings listed above shall be shown in order to overturn a decision of the Commission.

IX. GAMES.

A. Approval of Gaming Equipment. The Commission shall adopt technical standards and 

specifications for the operation of Gaming Devices and other games consistent with the Compact and any 

amendments thereto. The Commission shall review and approve all Gaming Devices used in the Gaming 

Operation as to quality, design, integrity, fairness, honesty, and suitability. The Commission shall ensure 

that all Gaming Devices are tested by a Gaming Test Laboratory (as defined in the Compact) to ensure 

they meet the technical standards adopted by the Commission and to ensure: (1) the software has the 

corrected electronic signature, and (2) the hardware and associated equipment operate in accordance 

with applicable Gaming Test Laboratory standards and in accordance with the manufacturer's 

specifications. 

1. The Commission may require a prototype or sample of any model of Gaming 

Device used in the Gaming Operation to be placed in the custody of the Commission and retained as a 

control for comparison purposes.

2. The Commission may contract with any outside independent Gaming Test 

Laboratory or other professional expertise it deems necessary or appropriate to ensure the integrity of 

gaming devices, equipment, supplies, etc.

3. Any evidence that gaming equipment or other devices used in the Gaming 

Operation have been tampered with or altered in any way, which would affect the integrity fairness, 

honesty or suitability of the equipment or device shall be immediately reported to the Commission. 

B. Posting of Game Rules. The rules of each authorized game offered at any Gaming Facility 

shall either: (1) be posted in a conspicuous location and shall be clearly legible; (2) available for display 

on the Gaming Device or on the table on which the game is played; or (3) made available on the Gaming 

Operation's website. If the rules are not displayed as described in this Section B, the Gaming Operation 

must make the rules available to any patron upon request, within five (5) calendar days of such request. 

C. Who May Not Play. The following individuals may not participate in Gaming Activities 

conducted at the Gaming Facility:

1. Gaming personnel, governmental officials and independent contractors, including 

members of the Tribal Council, the Commission, the executive director, and members of Senior Gaming 

Management. Senior Gaming Management shall develop and maintain a standard operating procedure 

that identifies other positions and any applicable restrictions on Gaming Activity conducted at Gaming 

Facilities on file with the Commission;

2. Individuals who have been excluded from the Gaming Facility and

3. Individuals under the age of 18.
- 21 -

D. Patron Disputes. Any patron of the Gaming Facility who has a dispute, disagreement or 

other grievance that involves the play or operation of any Gaming Activity offered at the Gaming Facility 

("Patron Dispute") shall have such Patron Dispute resolved as provided in the Patron Dispute Regulation 

adopted by the Tule River Tribal Council in accordance with the Tribal-State Compact. The decision of 

the Commission regarding any Patron Dispute shall be a final administrative decision that may be 

reviewed by the Tribal Court and ultimately appealed to the Tribal Court of Appeals or JAMS Optional 

Arbitration Appeal Procedure ("Arbitration"), as provided below. The Tribal Court and Tribal Court of 

Appeals shall review the Commission's final decision and shall only have the authority to set aside or 

modify such decision if it is determined that such decision is not supported by any evidence in the record 

or was arbitrary and capricious. 

1. Tribal Court.

a. Tribal Court Review. If the patron is dissatisfied with the 

decision of the Commission, or the Commission does not issue a decision within sixty (60) calendar days 

of the request for review, the patron may request a review of the Commission's decision by the Tribal 

Court. The patron must file a complaint in the Tribal Court within thirty (30) calendar days of receipt of the 

Commission's decision or expiration of the sixty (60) day review period and serve the compliant on the 

Commission.

b. Exhaustion Required. The patron must first exhaust the dispute 

resolution process described in Section D of this Article before he or she may file a complaint in Tribal 

Court.

c. Costs. The patron shall bear no filing fees or costs other than 

attorneys' fees and costs in connection with filing a complaint in the Tribal Court. 

d. Award. Any award shall be limited to the amount in controversy 

and the Tribal Court shall have no authority to award attorneys' fees and costs and, in accordance with 

industry practice, if any alleged winnings are found to be a result of a mechanical, electronic, or 

electromechanical failure and not due to the intentional acts or gross negligence of the Casino or its 

respective agents, the Patron Dispute for the winnings shall be denied; provided, however, the patron 

shall be awarded reimbursements of the amount wagered by the patron that were lost as a result of any 

mechanical, electronic or electromechanical failure. 

2. Tribal Court of Appeals; JAMS. Any party dissatisfied with the decision 

of the Tribal Court may either: (i) file an appeal with the Tribal Court of Appeals, or (ii) invoke Arbitration.

a. Tribal Court of Appeals. 

i. Filing Appeal. The patron must file an appeal with the 

Tribal Court of Appeals within three (3) calendar days of receipt of the Tribal Court's decision. 

ii. Costs. The party filing the appeal shall initially bear the 

cost of appeal; provided, however, the Tribal Court of Appeals may award costs and expenses to the 

prevailing party, excluding attorneys' fees and costs. 

iii. Limitation of Review. The Tribal Court of Appeals shall 

review all determinations of the Tribal Court on matters of law, but shall not set aside any factual 

determinations, if such determinations are supported by substantial evidence. 

iv. Award. Any award shall be limited to the amount in 

controversy and, in accordance with industry practice, if any alleged winnings are found to be a result of a 

mechanical, electronic, or electromechanical failure and not due to the intentional acts or gross 
- 22 -

negligence of the Casino or its respective agents, the Patron Dispute for the winnings shall be denied; 

provided, however, the patron shall be awarded reimbursements of the amount wagered by the patron 

that were lost as a result of any mechanical, electronic or electromechanical failure. However, the Tribal 

Court of Appeals shall have the authority to award costs and expenses to the prevailing party as 

described in Section B.1.d of this Article. 

b. Arbitration. 

i. Filing Appeal. All appeal requests for Arbitration must 

be in writing and submitted to the Commission within three (3) calendar days of receipt of the Tribal 

Court's decision. 

ii. Costs. The party electing Arbitration shall bear all costs 

and expenses of the Arbitration, regardless of outcome; provided however, each party shall bear their 

own attorneys' fees and costs. 

iii. Limitation of Review. The Arbitration proceedings, 

decisions and notices shall be governed by Section 10(e) of the Compact. 

iv. Timing and Location. The Arbitration shall occur within 

thirty (30) calendar days of the Tribal Court decision and shall take place within thirty (30) miles of the 

Casino. 

v. Award. Any award shall be limited to the amount in 

controversy and, in accordance with industry practice, if any alleged winnings are found to be a result of a 

mechanical, electronic, or electromechanical failure and not due to the intentional acts or gross 

negligence of the Casino or its respective agents, the Patron Dispute for the winnings shall be denied; 

provided, however, the patron shall be awarded reimbursements of the amount wagered by the patron 

that were lost as a result of any mechanical, electronic or electromechanical failure.

3. Limited Waiver of Sovereign Immunity. Provided the patron has exhausted the 

Tribal Dispute Process, the Gaming Authority may, in an exercise of its authority, expressly waives its 

right to assert sovereign immunity in connection with the Tribal Court's and Tribal Court of Appeal's 

jurisdiction and JAMS arbitrator's jurisdiction for the following actions: (i) to enforce the Gaming 

Authority's or the patron's obligation to arbitrate and (ii) to enforce or execute judgment based upon the 

award of the Tribal Court, Tribal Court of Appeals, or the Arbitration, to the extent of the amount of 

winnings in controversy and subject to the limitations provided in this Article. 

X. AMENDMENTS.

The Tribal Council is hereby delegated the authority to amend this Gaming Ordinance in any manner 

deemed appropriate to protect what the Tribal Council determines to be in the best interests of the Tribe; 

provided, that the Tribal Council shall have no authority to enact any amendment to this Gaming 

Ordinance that is less restrictive than the original terms of this Gaming Ordinance, or that would constitute 

a violation of federal law or would be inconsistent with the terms of an approved Compact.

XI. SEVERABILITY.

The provisions of this Gaming Ordinance are severable. If any part or provision hereof is held void by 

Tribal Court, federal court or federal agency, the decisions of the court or agency so holding shall not 

affect or impair any remaining provision of this Gaming Ordinance. 
- 23 -

XII. REPEAL.

To the extent that they are inconsistent with this Gaming Ordinance, all gaming ordinances previously 

enacted or amended by the Tribal Council are repealed. 

XIII. SOVEREIGN IMMUNITY.

Nothings said or not said in this Ordinance is intended to waive, in any manner, the sovereign immunity of 

the Tribe or the Gaming Authority, with the sole exception of the dispute resolution identified in Article IX, 

Section D, and only if the patron has exhausted the Patron Dispute process identified therein.

XIV. CONSENT TO JURISDICTION.

Any person or entity who applies for a License under this Ordinance, applies for employment in any 

Gaming Operation, enters into any gaming related contract or agreement with the Gaming Operation or 

the Tribe, or enter a Gaming Facility, shall be subject to this Ordinance and shall be deemed to have 

consented to the enforcement authority of the Commission and the civil jurisdiction of the Tribe. Nothing 

in this section shall be interpreted to limit, in any way, the civil jurisdiction of the Tribe. 
TULE RIVER INDIAN TRIBE OF CALIFORNIA

IN THE MATTER OF:

The Tule River Tribal Council approving the amended) AMENDMENT NO. 01 to

Tule River Tribe Gaming Ordinance ) RESOLUTION NO. FY2019-15

BE IT RESOLVED BY THE COUNCIL OF THE TULE RIVER INDIAN TRIBE:

WHEREAS the Tule River Tribe ("Tribe"') is governed under a Constitution and Bylaws duly

adopted and approved by the Secretary ofthe Interior on January 15, 1936 ("Constitution"); and

WHEREAS Article VI, Section l(j) ofthe Constitution authorizes the Tribal Council ofthe Tribe

("Tribal Council"), as the governing body ofthe Tribe, to adopt ordinances; and

WHEREAS consistent with the requirements ofthe Indian Gaming Regulatory Act (“IGRA”) and

the National Indian Geiming Commissions (“NIGC”) regulations, the NIGC approved the Gaming

Ordinance on August 4, 2004; and

WHEREAS the Tribe entered into the Tribal-State Compact with the State of California

("Compact"), effective January 22,2018 which required the Tribe to amend the Gaming Ordinance

to meet the requirements ofthe Compact; and

WHEREAS the Tribe wishesto update the Gaming Ordinance to reflect changes since the Gaming

Ordinance was adopted; and

WHEREAS the Tribal Council wishes to adopt the attached Amended and Restated Gaming

Ordinance, ("Amended Gaming Ordinance") to meet the requirements ofthe IGRA and applicable

NIGC regulations; and

WHEREAS the Tribal Council has reviewed and approved the attached Amended Gaming

Ordinance; and

WHEREAS NIGC regulations require the Tribe to submit the Amended Gaming Ordinance to the

NIGC for review and approval; and

WHEREAS the Tribal Council wishes to submit the Amended Gaming Ordinance for review and

approval; and

WHEREAS the Tribal Council hereby adopts the attached Amended Gaming Ordinance; and

Phone (559) 781-4271 Fax (559) 781-4610

340 N. Reservation Rd. Porterville, California 93257
Page 2.

Amendment No. 01 to

Resolution No. FY2019-15

WHEREAS the Amended Gaming Ordinance shall be effective as ofOctober 30, 2018; and

NOW THEREFORE BE IT RESOLVED that the Chairman of the Tribe, or his designee, is

hereby authorized, empowered, and instructed to (i) submit this Resolution 2019-15 to the NIGC,

and (ii) to take all necessary actions to comply with the NIGC submission requirements; and

NOW THEREFORE BE IT FURTHER RESOLVED that the Chairman ofthe Tribe is hereby

authorized, empowered and instructed to take all actions to facilitate the speedy submission and

approval ofthe Amended Gaming Ordinance; and

BE IT FURTHER RESOLVED that this resolution has not been amended or rescinded in any

way.

CERTIFICATION

UPON MOTION OF COUNCIL MEMBER Zachary Janoko, SECONDED BY COUNCIL

MEMBER Johnny Nieto, THE FOREGOING WAS ADOPTED BY THE TULE RIVER

TRIBAL COUNCIL AT A DULY CALLED MEETING HELD ON Friday, November 16,

2018 AT WHICH A QUORUM WAS PRESENT BY THE FOLLOWING VOTES:

AYES: 5

NOES: 0

ABSTAIN: 2

_________ ---------------------------------

NEIL PEYRON, CHAi/mAN

TULE RIVER TRIBAL COUNCIL

mNDl CORREA, SECRETARY

TULE RIVER TRIBAL COUNCIL

ATTEST TO:

CORDING SECI^ARY