(e) Prescribe the intervals at which such information shall be furnished;

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

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

Section 3.14 Gaming Regulatory Agency and Executive Director Established

(a) There is hereby created the Tribal Gaming Regulatory Agency (“Agency”) implemented in
order to carry out the day-to-day responsibilities that are required to be fulfilled by the Gaming Commission.

(b) The Agency shall be composed of (five) primary departments, which shall include
Administration, Surveillance, Compliance (which may include Internal Audit) and Background Investigation,
and any other department deemed necessary to the functioning of the Agency and approved by the Gaming
Commission.

(c) 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.

(d) The Agency shall be structured so that there is an Executive Director responsible for the day-
to-day operations of the Agency.

(e) The Executive Director shall be under the direct supervision of the Gaming Commission.
(f) 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 Gaming Commission.

(g) 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.

(h) 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.

(i) The Executive Director shall ensure that the Gaming Commission is kept aware of all
information and activities of the Agency Staff.

Gg) 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.

(k) The Executive Director shall be responsible for the efficient operation of the Agency.
Section 3.15 Gratuities

The Executive Director, Gaming Commissioners, members of the Business Council and their
immediate families and Gaming Management Officials shall receive no personal compensation, gift,
reimbursement or payment of any kind from any person doing or wishing to do business with the Tribe

relating to gaming nor with any person wishing to obtain an unfair advantage in any authorized wager on
gaming. Personal compensation, gift, reimbursement or payment of any kind shall not include business

14 of 23


(

Section 3.02

(2)

@)

(4)
6)
(6)

7)

(8)

or conduct of any gaming activity on the Reservation, or until at least two (2) years
have passed since that employment;

Persons related to any gaming supplier or gaming contractor, including
any principal thereof or persons related to any associated independent contractor;

Members of the Business Council during his/her term thereof or until at least two
years have passed since that service.

Person who is not a Tribal Member.
A person who cannot obtain or maintain a valid gaming license.

Has been convicted of any felony; or convicted of any gaming related
offense;

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

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

No member of the Fort Hall Business Council may serve as a Gaming Commissioner during
his/her term as a member of Council.

qd)

(2)

This provision shall not apply if the Fort Hall Business Council determines that an
emergency situation is present such that appointment of a member or members of
the Fort Hall Business Council is absolutely necessary under the circumstances. The
appointed Council member(s) shall sign a confidentiality agreement prior to serving
as a Gaming Commissioner.

In such event, the Fort Hall Business Council shall proceed with all deliberate speed
to replace such Commissioners with persons who are not members of the Fort Hall
Business Council and are otherwise qualified for the office. A Business Council
member shall not serve longer than 60 days as a Gaming Commissioner and if a
situation exists that requires a Council member to serve longer that 60 days, the
Business Council may extend the time for said service for no longer than one
additional 60 day term. The appointed Council member shall refrain from taking
formal action as a Business Council member on gaming matters.

Qualifications for Gaming Commissioners

The Gaming Commissioners shall meet the following qualifications:

(a)
(b)

(c)

Must be an enrolled member of the Shoshone-Bannock Tribes.

Must be a resident of the Reservation one year prior to being appointed. Verification of
residency shall be made by the current Election Board voting list or other Tribal documentation.

Must be at least 35 years of age.

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Operation shall not employ that person. The Gaming Commission shall establish regulations that identifies
suitability criteria of a person to obtain or maintain a Gaming License.

Section 4.06 Granting of License — Majority Vote; NIGC Objections

(a) To approve of any license issued pursuant to this Code, a quorum of the Gaming
Commission must be present with a majority vote of approval required. A license will not be issued to a
person whose license has previously been revoked pursuant to this Code, or to whom the issuance of renewal
of a license has been denied, except with the majority approval of the Gaming Commission members.

(b) If the Gaming Commission does not receive an objection from the NIGC to the issuance
of a license to a key employee, a primary management official or facility license, within thirty (30) days
after the NIGC receives the application, report and eligibility determination required in Section 4.07, the
Gaming Commission may issue a license to applicant or facility.

(c) The Executive Director shall respond to a NIGC request for additional information about
a key employee, a primary management official or facility applicant. The NIGC request shall suspend
the thirty day period in Section 4.06(b) until the NIGC receives the requested information.

(d) If, within the thirty day period described above, the NIGC issues a statement itemizing
objections to the issuance of a license to a key employee, primary management official or gaming
facility, the Gaming Commission shall reconsider the application, taking into account the NIGC
objections. The Gaming Commission shall make a final decision whether to issue a license to such
applicant or facility.

Section 4.07 _ Report and Eligibility Determination to the National Indian Gaming Commission

(a) The Executive Director shall forward to the NIGC within 60 days after an employee
begins work a completed application for employment and investigative report on each background
investigation for each key employee and primary management official. The investigative report shall
include the following.

(1) Steps taken in conducting a background investigation;
(2) Results obtained;

(3) Conclusions reached; and

(4) Basis for the conclusions.

(b) A copy of the eligibility determination made under Section 4.05 shall be submitted to the
NIGC with the report.

(c) Ifa license is not issued to an applicant, the Gaming Commission 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.

(d) With respect to key employees and primary management official, the Gaming
Commission shall retain applications for employment and reports (if any) of background investigations
for inspection by the NIGC for no less than three years from the date of the termination of employment.

(e) The Gaming operation shall not employ as a key employee or primary management
official a person who does not have a license after 90 days.

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SHOSHONE-BANNOCK TRIBES

GAMING CODE OF 2009

Enacted November 10, 2009
Revised January 5, 2010

AY 14
10


entertainment, meals, lodging, merchandise provided by vendors in the ordinary course of business with a
nominal value (less than $100), commitments by vendors to make contributions to tribally-sanctioned
scholarships, programs or events, or other ordinary and reasonable expenses in the negotiation and
solicitation of contracts, or maintenance of an on-going business relationship.

Section 3.16 | Gaming Related Contracts

All contracts for goods and services that utilize gaming funds shall be made available to the Gaming
Commission such that they may be reviewed for compliance with applicable gaming licensing requirements,
regulations and laws.

Section 3.17 _ Right of Inspection

In addition to the duties listed in Section 3.04, the Gaming Commission and its Agency have the
authority:

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

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

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

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

(5) to seize and impound any patron’s winnings which the Gaming Commission may have

reason to believe may have been won or obtained in violation of this Code or federal law pending a
hearing before the Gaming Commission.

CHAPTER 4
LICENSES FOR GAMING EMPLOYEES AND
GAMING MANAGEMENT OFFICIALS

Section 4.01 Promulgation of Regulations

The Gaming Commission shall ensure that regulations are promulgated and implemented with
respect to the licensing of gaming employees and gaming management officials employed at any Class II
and/or Class III gaming enterprise operated on Indian lands within the jurisdiction of the Tribes.
Section 4.02 Mandatory License

Any person seeking to conduct, operate, or manage any gaming activity or sell or lease gaming-
related equipment to a gaming operation pursuant to this Code shall apply for, and receive, all the required

15 of 23


Section 6.02

Prohibitions Against Certain Individuals

It shall be a violation of this Code for any licensee who knowingly fails to exclude or eject from the gaming
establishment any individual who:

Section 6.03

person:

(a) is visibly under the influence of liquor or any narcotic or such other substances; or

(b) is visibly in violation of the Tribal Law and Order Code; or

(c) is to be excluded per the provisions of the applicable Tribal and federal laws or
regulations...

(a)

Unlawful Acts

It is unlawful and a violation of this Code, punishable by the Gaming Commission, for any

(dd) to alter or misrepresent the outcome of a game or other event on which wagers have
been made after the outcome is made sure but before it is revealed to the players;
(2) to place, increase or decrease a bet or to determine the course of play after acquiring

knowledge, not available to all players, of the outcome of the game or knowledge of any
event that affects the outcome of the game or knowledge that is the subject of the bet or
wager;

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

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

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

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

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

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

(9) Any property received in violation of this provision, including cash payments, shall

be immediately forfeited to the Tribes and the offending persons shall be prosecuted to the
fullest extent possible under applicable law for accepting a bribe. The Gaming Commission

21 of 23


(5) A description of any existing and previous business relationships with the Tribes or
any other Indian tribe, including ownership interests in those businesses;

(6) A description of any existing and previous business relationships with the gaming
industry generally, including ownership interests in those businesses;

(7) 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;

(8) 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;

(9) For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding
minor traffic violations) within ten years of the date of the application, the name and address
of the court involved and the date and disposition;

(10) For each criminal charge (excluding minor traffic charges), whether or not there is a
conviction, if such criminal charge is within ten years of the date of the application and is
not otherwise listed pursuant to paragraphs (8) or (9) above, the criminal charge, the name
and address of the court involved and the date and disposition;

(11) | For each civil action, the name and address of the court involved, the date and
disposition.

(12) 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;

(13) A current photograph;

(14) — Any other information the Gaming Commission may deem relevant under the
circumstances; and

(15) _ Fingerprints consistent with procedures adopted by the Gaming Commission or its
designated Agency in accordance with 25 C.F.R. §522.2(h).

(b) The Gaming Commission and/or its designated Agency shall conduct an investigation
sufficient to make a determination under Section 4.05 below. In conducting a background investigation, the
Gaming Commission and/or its Agency Staff shall maintain the confidentiality of each individual
interviewed in the course of the investigation.

Section 4.05 Eligibility and Suitability Determination

The Gaming 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 finding concerning the eligibility for
employment in a Gaming Operation. Should the Gaming Commission and/or its designated Agency
determine that the issuance of a license of an individual to be 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 activities in the conduct of gaming, the Gaming

17 of 23


issue, the hearing may be held in executive session. 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 Business
Council at his/her own expense.

Section 3.05 Restrictions on Gaming Commissioners

Gaming Commissioners may engage in business, which is not subject to the provisions of this
Gaming Code. Gaming Commissioners shall not gamble in the gaming establishment or accompany a person
who is participating in gaming, and shall not have any personal financial interest in any gambling by any
patron.

Section 3.06 Meetings of the Gaming Commission

(a) Meetings of the Gaming Commission shall not be open to the public due to the confidential
nature of Gaming Commission matters.

(b) A quorum shall consist of three members of the Gaming Commission. All decisions shall be
made by a simple majority vote unless indicated otherwise in this Code. All members shall vote on actions
or matters before the Gaming Commission, and Commissioners are prohibited from acting alone. In the
event there is not a quorum present, a telephone vote may be polled by the Executive Director.

Section 3.07 Vacancy on Gaming Commission

If for any reason a vacancy should occur on the Gaming Commission prior to the expiration of a
Commissioner’s term, the Fort Hall Business Council shall appoint a qualified replacement for the balance of
the Commissioner’s seat that became vacant.

Section 3.08 | Monthly Reports and Annual Report

The Gaming Commission shall make monthly reports to the Business Council within 30 days after
the close of the month for which the information is being required. The reports shall include a full and
complete statement of expenses and all other financial transactions of the Commission and a summary of all
licensing and enforcement actions. The Gaming Commission shall prepare an annual report to the general
Tribal membership in advance of the annual general Tribal membership meeting.

Section 3.09 Prior Notices of Regulations

(a) In adopting, amending, and repealing regulations, the Gaming Commission shall give prior
notice of the proposed action to all licensees and other persons whom the Gaming Commission has reason to
believe have legitimate and bona fide interest in such proposed action. Said notice shall inform such persons
as to the general nature of the proposed regulation and advise them as to the manner in which comments on
said proposed regulation shall be received by the Gaming Commission.

(b) In emergencies, the Gaming Commission may summarily adopt, amend or repeal any
regulation if at the time the Gaming Commission determines such action is necessary for the immediate
preservation of the public peace, health, safety, morals and good order or general welfare, together with a
statement of facts constituting the emergency; provided, the Gaming Commission shall conduct a review of
such emergency action at a regular meeting within thirty (30) days after any emergency meeting.

12 of 23


0) “Gaming Agency” means the regulatory body supervised by the Executive Director
responsible for the day-to-day responsibilities that are required to be fulfilled by the Gaming Commission.

(k) “Gaming Commission” or “Commission” means the regulatory body appointed by the
Business Council to be responsible for the regulation of gaming within the jurisdiction of the Tribes.

(0) “Gaming Contractor” means any person or entity that supplies and distributes gaming
devices, gaming components, gaming equipment, personnel or services to the Tribal gaming enterprise and
includes such resource suppliers as defined in the Compact.

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

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

(0) “Gaming Management Official” means:

qd) The person having management responsibility for a management contract;
(2) Any person who has authority:
(i) To hire and fire employees; or

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

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

A log of Key Employee and Gaming Management Officials shall be kept by the Gaming Commission and
updated annually.

(p) “Gaming Operation” means each economic entity that is licensed by the Tribes, operates
the games, receives the revenues, issues the prizes, and pays the expenses. A gaming operation may be
operated by a tribe directly or by a management contractor.

(q) “Gaming Resources” means any goods or services used in connection with gaming
activities, including, but not limited to, equipment, furniture, gaming devices and ancillary components,
gaming consulting services and gaming contractors.

(r) “Gross Revenue,” means the total monetary value sum collected by any operation of a

gaming activity, including fees charged for participation or admittance as evidenced by required records.
The value shall be stated in U.S. currency, before any deductions or allowances for prizes, pay out of

4 of 23


SHOSHONE-BANNOCK TRIBES GAMING CODE

CHAPTER 1
GENERAL PROVISIONS

Section 1.01 Title

This Code shall be known as the “Shoshone-Bannock Tribes Gaming Code (“Gaming Code”).
Section 1.02 Purposes

The purposes of this Gaming Code are:

(a) To authorize, license, and comprehensively regulate gaming conducted within the
boundaries of the Fort Hall Reservation, and to prevent improper or unlawful conduct in the course of such

gaming activities ;

(b) To promote revenue for economic development for the Tribal government and its members,
and in turn promote tribal self-sufficiency and a strong tribal government;

(c) To provide an economic enterprise to enhance and increase employment for Tribal members
and businesses;

(d) To protect the health and welfare of Reservation residents, the political integrity of the

Tribes, and the economic security of the Reservation through effective control, management and regulation
of gaming on the Reservation; and

(e) To promote and insure integrity, security, honesty, and fairness of the operation and
administration of gaming and ancillary activities of the gaming enterprises located on the Reservation.

Section 1.03 Authority

This Gaming Code is enacted pursuant to the inherent sovereign powers expressly delegated to the
Fort Hall Business Council (“Business Council”) by the Constitution and Bylaws of the Shoshone-Bannock
Tribes, Article IV, Section (a, i. k, 1, q, r) to promulgate, adopt, amend, repeal and enforce rules, regulations,
standards, and procedures for the economic development of the Tribes and protection of the Tribes’
resources on the Reservation, and by the inherent authority of the Tribes.

Section 1.04 Ownership of Gaming

The Tribes shall have the sole proprietary interest in, and the sole responsibility for the conduct of
any Class II and Class III gaming activity.

Section 1.05 Use of Gaming Revenue

(a) Except as specifically authorized pursuant to paragraph (b) of this section, net revenues from
Class II and Class III gaming on the Reservation shall be used only for the following purposes:

(1) to fund tribal government operations or programs;
(2) to provide for the general welfare of the Tribes and its members;

1 of 23


CHAPTER 4

CHAPTER 5

CHAPTER 6

CHAPTER 7

LICENSES FOR GAMING EMPLOYEES AND

GAMING MANAGEMENT OFFICIALS

Section 4.01 Promulgation of Regulations

Section 4.02 Mandatory License

Section 4.03 Application Forms

Section 4.04 Background Investigations

Section 4.05 Eligibility and Suitability Determination

Section 4.06 Granting of License — Majority Vote; NIGC
Objections

Section 4.07 Report and Eligibility Determination to NIGC

Section 4.08 Non-transferability of License

Section 4.09 Application and License Fees

Section 4.10 Failure of Applicant to Disclose Material
Information

Section 4.11 Temporary Licenses

Section 4.12 Parameters of License

Section 4.13 Conditional License

Section 4.14 Licensing of Vendors

Section 4.15 Classification of Licenses

Section 4.16 License Files

APPEALS AND HEARINGS
Section 5.01 Due Process
Section 5.02 Commission Decisions

UNLAWFUL ACTS

Section 6.01 Prohibition Against Embezzlement
Section 6.02 Prohibitions Against Certain Individuals
Section 6.03 Unlawful Acts

Section 6.04 Prohibitions Against Electronic Acts
Section 6.05 Unauthorized Gaming

Section 6.06 Violations of Code — Punishment
Section 6.07 Sanctions

MISCELLANEOUS

Section 7.01 Amendments

Section 7.02 Severability

Section 7.03 Maintenance of Code and Regulations
Section 7.04 Compliance with Other Laws

Section 7.05 No Waiver of Sovereign Immunity
Section 7.06 Repeal


Section 3.10 | Requests for Gaming Commission Action

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

Section 3.11 Confidentiality of Information.

The Gaming Commission may refuse to reveal, in any court proceeding the identity of any
informant, or the information obtained from the informant, or both the identity and the information. The
Gaming Commission may promulgate regulations addressing confidentiality of any Agency documents and
information.

Section 3.12 Powers of Delegation; Tribal Gaming Commission Budget and Records.

(a) The Gaming Agency may organize itself into functional divisions as it may deem necessary
and from time to time alter such plan of organization, as it may deem necessary to fulfill the duties and
responsibilities of the Gaming Commission. Any reorganization shall be approved by the Gaming
Commission.

(b) Within the limitations of a Business Council approved budget sufficient to adequately
regulate Gaming operations; the Gaming Commission shall establish its own budget for operations, and
acquire such furnishings, equipment, supplies, stationery, books, motor vehicles, and incur such other
expenses, within the limit of funds available to it, as it may deem necessary. Within the limits of a Council
approved budget, the Executive Director under the direction of the Gaming Commission shall employ and fix
the salaries of or contract for the services of such professional, technical and operational personnel and
consultants as the execution of its duties and the operation of the Gaming Commission may require. Said
budget may be reviewed by the Council when requested. Upon the end of the budget year any surplus, which
might exist, shall be carried over to the next fiscal year budget.

Section 3.13. Requirements for the Control of Internal Fiscal Affairs

The Gaming Commission shall promulgate regulations for control of internal fiscal affairs of all
gaming operations. At a minimum, those regulations shall:

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

(b) Prescribe minimum reporting requirements to the Gaming Commission;

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

(d) Ensure that accounts and accounting classifications are implemented in order to provide
consistency, comparability and effective disclosure of financial information:.

13 of 23


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

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

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

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

(d) “Class III Gaming” means all forms of gaming that are not Class I gaming or
Class II gaming , including but not limited to:

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

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

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

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

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

(4) Lotteries.

(e) “Comment” means any response by the Business Council to an item that has been placed on
an official Business Council meeting agenda. Failure of the Business Council to respond to any item within
thirty (30) days after it has been placed on an official Business Council meeting agenda shall constitute an
approval by the Business Council for such item.

(f) “Compact” means to the federal instrument required by the Indian Gaming Regulatory Act,
which allows the Tribes to conduct Class III gaming, and is an agreement between the Tribes and the State of
Idaho, which must be approved by the federal government.

(g) “Fiscal Year” means the period beginning October 1 at 12:00:01 of each year and ending
immediately following on September 30 at 12 o’clock midnight.

(h) “Fort Hall Business Council” or “Business Council” means the elected governing body of
the Shoshone-Bannock Tribes as established and defined by the Shoshone-Bannock Tribes’ Constitution.

(i) “Gaming” or “Gambling” means the offering of any games consisting of prize, chance and
consideration and is authorized by the Gaming Code, except card games played in private homes in which no
person makes money for operating the game other than as a player, and traditional Indian games as defined in
this Code.

3 of 23


Section 4.08 | Non-transferability of License

Any license issued pursuant to the provisions of this Code is valid only for the person or entity at the
place of business shown on the face thereof. It is not assignable or otherwise transferable to any other person
or entity for any other location without approval of the Gaming Commission.

Section 4.09 | Application and License Fees

The Gaming Commission shall set a fee for applications, background investigations, and licenses.
All such fees shall be made payable to the Shoshone-Bannock Tribal Gaming Commission and delivered to
the Shoshone-Bannock Tribes’ Accounting office. The fees shall be reasonable and commensurate with the
job position. The Gaming Commission shall establish a schedule of fees on a yearly basis and submit to the
Business Council for review and approval.

Section 4.10 Failure of Applicant to Disclose Material Information

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

Section 4.11 Temporary Licenses

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

Section 4.12 Parameters of License

Violation of any provision of this Code or any of the Gaming Commission’s regulations by a
licensee, his agent, or employee shall be deemed contrary to the public health, safety, morals, good order and
general welfare of the Shoshone-Bannock Tribe or its members, and shall be deemed grounds for refusing to
grant or renew a license, suspension or revocation of a license, or shall constitute grounds for the filing of
charges by the Gaming Commission. Acceptance of a gaming license or renewal thereof, or condition
imposed thereon, by a licensee, constitutes an agreement on the part of the licensee to be bound by all the
regulations and conditions of the Gaming Commission and by the provisions of this Code as the same are
now, or may hereafter be amended or promulgated, and to cooperate fully with the Gaming Commission. It is
the responsibility of the licensee to keep informed of the contents of all such regulations, amendments,
provisions, and conditions, and ignorance thereof will not excuse violations. The Gaming Commission shall
use reasonable efforts to notify all licensees of changes in regulations.

Section 4.13 Conditional License
A conditional license may be issued by the Gaming Commission in the event the Commission

determines that a person that may be subject to denial, revocation and/or suspension, determines the licensee
can be employed but only if the licensee maintains compliance with certain conditions that would not

19 of 23


NAL 1,
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FEB i 6 2010
VIA FACSIMILE & REGULAR MAIL

Alonzo Coby, Chairman
Fort Hall Business Council
P.O. Box 306

Fort Hall, ID 83221

Fax: (208) 237-0797

RE: Shoshone Bannock Tribes’ amended gaming ordinance

Dear Chairman Coby:

This letter responds to your request for approval of two amendments to the Tribes’
gaming code. Through Resolution No. GAMN-09-S7, dated November 10, 2009, the Tribes
comprehensively revised their existing gaming ordinance and enacted a new “Gaming Code of
2009” (Code). Resolution No.GAMN-2010-S2, dated January 5, 2010, made minor additions
and revisions to the Code as required by IGRA. The Code as amended is consistent with both
the requirements of the Indian Gaming Regulatory Act (IGRA) and this agency’s regulations,
and is hereby approved.

Thank you for submitting the amendments for review and approval. The NIGC staff and
I look forward to working with you and the Shoshone Bannock Tribes on future gaming issues.
If you have any questions, please contact Staff Attorney Jennifer Ward at (202) 632-7003.

Sincerely,

George T. Skibine
Acting Chairman

Washington, DC 20005 Tel: 202.632.7003 Fax 202.632.7066 WWW.NIGc.Gov

NATIONAL HEADQUARTERS 1441 L St. NW, Suite

REGIONAL OFFICES 1, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


(x) “License” means the written approval of the Gaming Commission that authorizes the
privilege of conducting gaming or working in gaming within the jurisdiction of the Tribes to a specific
individual, a specific entity, a specific gaming facility and/or operation.

(y) “Licensee” means an individual, entity or facility, which have received the privilege, in
written form, of conducting or working in gaming within the jurisdiction of the Tribes.

(z) “Management” means any person(s) who are primarily responsible for the day-to-day
operation of the gaming facility and the conduct of gaming, and the day-to-day compliance with regulations
promulgated by the Gaming Commission.

(aa) “Minimum Internal Control Standards” or “MICS” means the least restrictive Internal
Control Standards established by the Gaming Commission to ensure accountability and integrity of the
Tribes’ assets derived from the gaming operation.

(bb) “National Indian Gaming Commission” or “NIGC” means the federal gaming regulatory
body created by the Indian Gaming Regulatory Act (Public Law 100-497, 25 U.S.C. Sec. 2701 et seq.)..

(cc) “Net Revenue” means gross revenues of the gaming operation less (a) amounts paid out or
paid for prizes and (b) total gaming related operating expenses, excluding management fees.

(dd) “Operating Expense” shall include

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

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

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

(ee) “Patron” means any person or group of persons who participate as players in gaming as
defined by this Code, or who are physically present on premises wherein or whereon such gaming occurs.

(ff) “Regulation” or “Rule” means any order, directive or action of general applicability
promulgated into law by Gaming Commission, and which (a) establishes, alters, revokes, or suspends any
standard, qualification or condition relating to requirements, privileges or conditions conferred by applicable
law; (b) establishes, alters, revokes, or suspends any procedures, practice or reguirement relating to Gaming
Agency procedures; (c) establishes, alters, revokes, or suspends any standards, qualifications or conditions
for issuance, suspension or revocation of licenses; or (d) amends or repeals a prior rule.

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

(hh) “Reservation” means all lands under the jurisdiction and control of the Tribes.

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winnings, cost of operation, promotional expenses, taxes, labor expenses, equipment or materials used, or
any other expenses.

(s) “Immediate Family” or “Related To” means persons who are the subject individual’s
spouse, parents, guardians, siblings, or children (either biological or adopted), and who live in the household,

(t) “Indian Gaming Regulatory Act,” refers to P.L. 100-497, 25 U.S.C. Sec. 2701 et seq.
which identifies what is required of Indian Tribes to conduct gaming and identifies the oversight
responsibilities of NIGC.

(u) “Indian Land” means
(1) All lands within the limits of the Tribes’ reservation; or

(2) Any lands title to which is held in trust by the United States for the benefit ofthe
Tribes or individuals; or —

(3) Any lands title to which is held by the Tribes or individuals subject to restriction by
the United States against alienation.

(v) “Internal Control System” means an entire structure of checks and balances composed of
Internal Control Standards that are in compliance with and meet the minimum requirements of Tribal Internal
Control Standards that have been formally adopted by the Gaming Commission, which are instituted by the
Gaming Management to protect the integrity of the Gaming operations and to ensure that the Tribes’ assets
are protected on a day-to-day basis.

(w) “Key Employee” means
qd) a person who performs one or more of the following functions:
(i) Bingo Caller;
(ii) Counting Room Supervisor;

(iii) Chief of Security;

(iv) Custodian of Gaming Supplies or Cash;

(v) Floor Manager;

(vi) Pit Boss;

(vii) Dealer;

(viii) Croupier;

(ix)  Approver of Credit; or

(x) Custodian of gambling devices including persons with access to cash and
accounting records within such devices;

(2) If not otherwise included, any other person whose total cash
compensation is in excess of $50,000 per year;

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

(4) Any position formally designated by the Gaming Commission to be considered a
Key Employee.

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(3) to promote tribal economic development;
(4) to donate to charitable organizations; or
(5) to help fund operations of local government agencies
(b) If the Tribes elect to make per capita payments to its members, it shall authorize such
payments only in accordance with a revenue allocation plan submitted to and approved by the Secretary of
Interior under 25 U.S.C. § 2710(b)(3).
Section 1.06 Construction

In construing the provisions of this Code, save when otherwise plainly declared or clearly apparent
from the context;

qd) words in the present tense shall include the future tense;
(2) words in masculine, feminine and neuter genders shall include all genders;

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

Section 1.07 Scope

This Code applies to all persons desiring to engage in, participate in, operate, be employed in,
manage or undertake activities related to gaming on the Reservation.

Section 1.08 Protection of the Environment and Public Health and Safety
Class II and Class III gaming facilities on the Reservation shall be constructed, maintained and
operated in a manner that adequately protects the environment and the public health and safety.
CHAPTER 2
DEFINITIONS

Section 2.00 For purposes of this Code:

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

(b) “Class I Gaming” means:
qd) Social games played solely for prizes of minimal value; or

(2) Traditional forms of Indian gaming when played by individuals in connection wit
tribal ceremonies or celebrations

(c) “Class Il Gaming” means —

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

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licenses from the Gaming Commission prior to engaging in such gaming activities. Engaging in such
gaming activities without first obtaining the required licenses shall be deemed a violation of this Code. This
provision shall not preclude the Gaming Commission from entering into consulting contracts for services, the
payment of which is fixed and not determined by a percentage of the net profits from the gaming operation.

Section 4.03 Application Forms

The application form of a gaming employee or a gaming management official before the form is
filled out by an applicant for a gaming license for purposes to work within or to be associated with the
Gaming Operations shall contain a Privacy Act statement as set forth below, and as amended.

In compliance with the Privacy Act of 1074, the following information is provided:
Solicitation of the information on this form is authorized by 25 U.S.C. Sec. 2701 et. Seq.
the purpose of the requested information is to determine the eligibility of individuals to
be employed in a gaming operation. The information will be used by 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, Gaming Commission, 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 notices will result in the
tribe being unable to hire you in a primary management official or Key Employee
position.

The disclosure of your Social Security Number (SSN) is voluntary. However, failure to
supply a SSN may result in errors in processing your application. A false statement on
any part of your application may be grounds for not hiring you, or for firing you after
you begin work. Also, you may be punished by fine or imprisonment. (18 U.S.C. Sec.
1001).

Section 4.04 Background Investigations

(a) The Gaming Commission or its designated Agency shall request from each gaming
management official and each gaming employee the following information:

(1) Full name, other names used (oral or written), Social Security number(s), birth date,
place of birth, citizenship, gender, and all languages spoken or written;

(2) Currently and for the previous ten years; all business and employment positions
held, ownership interests in those businesses, business and residence addresses, and drivers
license numbers;

(3) The names and current addresses of at least three personal references, including one
personal reference who was acquainted with the applicant during each period of residence
listed under paragraph (2) above;:

(4) Current business and residence telephone numbers;

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shall cooperate to the fullest extent possible with any Tribal, Federal or State law
enforcement agency to pursue prosecution under applicable Tribal, Federal or State law.

(b) The unlawful acts listed in this Code are not exclusive and shall not deprive the Tribes,
federal or state from prosecution of other crimes.

Section 6.04 —_ Prohibitions against Electronic Aids

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

Section 6.05 Unauthorized Gaming

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

Section 6.06 Violations of Code — Punishment

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

Section 6.07 Sanctions.

Any person who engages in activities on property subject to the provisions of this Gaming Code
without a license, in violation of the license or terms imposed thereon, in violation of terms of suspension, or
in violation of any regulation, provision, or amendment under this Code shall be in violation of this Code,
including any person who unlawfully trespasses upon any premises licensed by this Code without the consent
of the licensee and/or the Gaming Commission, shall be subject to punishment. Nothing herein shall be
interpreted to limit the liability of such individuals in tribal, state or federal court.

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ORDINANCE

BE IT ENACTED BY THE BUSINESS COUNCIL OF THE SHOSHONE-BANNOCK TRIBES, that the
Shoshone-Bannock Gaming Code is hereby revised as set forth herein and approved effective this date.

Authority for the foregoing ordinance is found in the Indian Reorganization Act of June 18, 1934 (48 Stat., 984) as
amended, and under Article VI, Section 1 (r) of the Constitution and Bylaws of the Shoshone-Bannock Tribes of the
Fort Hall Indian Reservation of Idaho.

Dated this 5" day of January 2010

SEAL

CERTIFICATION

I HEREBY CERTIFY, that the foregoing ordinance was passed while a quorum of the Business Council was
present by a vote of 6 in favor, and | not voting (AAC) on the date this bears.

nh) t )

Wioal.s dt
ilagLstt Lunn. Shui
Elizabeth Ann Lindroth, Tribal Secretary
Fort Hall Business Council

GAMN-2010-S2


(d) Must not be a current full-time employee of the Shoshone-Bannock Tribes, including but not
limited to the Tribal government, Gaming, Enterprises, Housing or School District.

(ce) Has no associations, professionally or socially with any persons, entities or organizations
known to have the reputation of criminal or undesirable character, or in any manner whatsoever maintains
any association which would either endanger the integrity or reputation of the Tribes or the Gaming
Commission, or which could be construed and/or perceived as a conflict of interest.

Section 3.03 Duties and Responsibilities of the Gaming Commission
The powers, duties and responsibilities of the Gaming Commission are:

(1) Responsible for the issuing, suspending, revoking, modifying, conditioning and renewing of
gaming licenses for management officials, key employees, all other employees and vendors/service providers
who wish to have an employment and/or business relationship with gaming operations or Gaming
Commission, 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 Gaming Operations for purposes of licensing;

(3) Responsible for the submission of applicable licensing applications and investigations to the
appropriate agencies;

(4) Responsible for ensuring that only those individuals and entities that have an employment or
business relationship with Gaming Operations are suitable to receive a Gaming License;

(5) Responsible for the secure storage and maintenance of all gaming applications, reports and
documents belonging to the Gaming Commission;

(6) Issue Gaming License to each gaming facility within the jurisdiction of the Tribes;

(7) Ensure all Gaming Operations are in compliance with all applicable health, safety and
environmental laws and regulations;

(8) Ensure 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 within the
Jurisdiction of the Tribes and that the applicable audits are submitted to the appropriate agencies pursuant to
applicable law, such as the National Indian Gaming Commission, ensure that audits are performed and
submitted to the Gaming Commission on businesses that do $25,000 or more business with Gaming
Operations within the jurisdiction of the Tribes within a one-year time period; and ensure that random and
regularly scheduled audits are performed on all areas of the Gaming operations.

(9) Ensure that gaming revenues are used according to applicable Tribal and Federal law.
(10) Promulgate Tribal Gaming Regulations; ensure compliance with applicable Tribal and
Federal Laws, Codes, Regulations, and/or Compact; and establish and/or approve internal control standards

that will protect the assets and the integrity of the Gaming operations within the jurisdiction of the Tribes and
ensure compliance with such standards;

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(29) _ Be responsible for having final approval or denial authority over all Agency and Gaming
Operations policies and procedures, subject to review by the Business Council;

(30) Delegate authority as is required and in compliance with applicable law, regulations;

(31) Create a compliance department for the purpose of observing and reporting regulatory non-
compliance issued and/or violations to the Executive Director of the Agency and/or the Gaming
Commission.

(32) Carry out its statutory duties and responsibilities in a manner that allows the Gaming
Commission to act as a regulatory body by means of the adoption of Standard Operating Procedures for the
Gaming Commission, which will identify the manner in which the Commission manages its formal business
and makes its decisions.

(33) Delegate day-to-day responsibilities and functions of the Commission to the Agency;

(34) Be responsible for any outside contracts that are required for professional services for the
Commission and the Agency;

(35) 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 Code.

(36) Monitor, investigate, act and enforce compliance with this Code, regulations and Compact to
prevent any violation(s) thereof.

(37) __ All final decisions concerning gaming regulatory issues, such as licensing and compliance
with applicable gaming laws, of the Gaming 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.

(38) | The Gaming Commission shall ensure that the Business Council is provided the
opportunity to review, and comment upon all regulations prior to adopted by the Gaming Commission.

(39) | The Gaming Commission shall ensure that individuals/entities secking 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.

(40) Exercise authority necessary to perform the duties assigned to it by this Code, and is not
limited by enumeration of powers in this Chapter.

(41) | The Gaming Commission shall be able to retain its own appointed accountants, or direct an
accountant employed by the Tribes, to conduct its own audit of any gaming operation.

Section 3.04. Removal of Gaming Commissioner

The Gaming Commission 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. An affirmative vote
of a simple majority of the Business Council, taken in 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

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January 8, 2010

Jennifer Ward

Attorney

National Indian Gaming Commission
1441 L Street, NW, Suite 9100
Washington, DC 20005

Dear Ms. Ward,

Please find enclosed the Shoshone-Bannock Tribes Gaming Code containing
revisions to Section 2.00(u)(1) and Section 4.06, and the addition of Section 4.07. These
amendments are based on the conversation between you and our legal counsel Jeanette
Wolfley. This Gaming Code will replace the Code submitted to NIGC on November 10,
2009.

As requested, the Agent for Service of Process is Marvin Osborne, Executive
Director of the Shoshone-Bannock Tribes Gaming Commission, PO Box 306, Fort Hall,
ID 83203.

Thank you for your assistance in this matter.

Sincerely,
Alonzo A. Coby, Chairman
Fort Hall Business Council
w/enclosure
ce: Fort Hall Business Council

Shoshone-Bannock Gaming Commission
Jeanette Wolfley, Attorney

/141v~1/


jeopardize the integrity of the gaming operation. The conditional license may only be issued subsequent to a
review of the overall suitability of the individual, a request for reconsideration, or an appeal hearing.

Section 4.14 Licensing of Vendors

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

Section 4.15 Classifications of Licensees

The Gaming Commission may promulgate regulations that create different classes of licenses, such
that a lesser or more severe background check may be applied, or a lesser or more severe standard for
suitability may be applied. The variations in background requirements and suitability standards shall be
commensurate with the need to protect the integrity of the gaming facility.

Section 4.16 License Files

The Gaming Commission shall keep and maintain a file of all applications for licenses under this
chapter, together with a record of all actions taken with respect to such applications. The Gaming
Commission shall keep and maintain such other files and records as they may deem desirable and all such
records shall remain confidential.

CHAPTER 5
APPEALS AND HEARINGS
Section 5.01 Due Process
The Gaming Commission shall provide due process for those who disagree with the decisions of the
Agency and/or Gaming Commission. The Gaming Commission shall promulgate regulations that specify
timelines and requirements for the hearing and appeals process.

Section 5.02 Commission Decisions

All decisions of the Gaming Commission are final.

CHAPTER 6
UNLAWFUL ACTS

Section 6.01 Prohibition Against Embezzlement

Any delay, maneuver or action of any kind, which in the formal findings of the Gaming Commission
is effectuated by any licensee to unlawfully and intentionally divert gaming proceeds or other proceeds
properly belonging to the Tribes shall constitute grounds for taking disciplinary action against that licensee.
If the Gaming Commission finds an unlawful intentional diversion was attempted, it shall sanction the
licensee. Sanctions may include fining, revoking, suspending, limiting or refusing to renew the license.
Nothing herein shall be interpreted to limit the Gaming Commission’s, Tribal, federal or state sanctions.

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ORDINANCE

BE IT ENACTED BY THE BUSINESS COUNCIL OF THE SHOSHONE-
BANNOCK TRIBES, that the “Shoshone-Bannock Tribes Gaming Code”, as set forth
herein, is hereby approved, effective this date.

Authority for the foregoing ordinance is found in the Indian Reorganization Act of June
18, 1934 (48 Stat., 984) as amended and under Article VI, Section 1 (r) of the
Constitution and Bylaws of the Shoshone-Bannock Tribes of the Fort Hall Indian
Reservation of Idaho.

Dated this 10" day of November 2009.

Alshifo A. Coby, Chairmhn

Fort Hall Business Council

SEAL

CERTIFICATION

I HEREBY CERTIFY, that the foregoing ordinance was passed while a quorum of the
Business Council was present by a vote 4 of in favor, 1 opposed (BJE), 1 absent (GF),
and 1 not voting (AC) on the date this bears.

Eltzaleth Ann Lindroth, Tribal Secretary
Fort Hall Business Council

GAMN-09-S7


CHAPTER 7
MISCELLANEOUS

Section7.01_ Amendments

The Business Council may amend this Code in any manner deemed appropriate to protect what the
Business Council determines to be in the best interests of the Shoshone-Bannock Tribes; provided, that the
Business Council shall have no authority to enact any amendment to this Code that is less restrictive than the
original terms of this Code, or that would constitute a violation of federal law or would be inconsistent with
the terms of the Compact.

Section 7.02 Severability

The provisions of this Code 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 the Code.

Section 7.03 | Maintenance of Code and Regulations

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

Section 7.04 Compliance with Other Laws

To the extent not inconsistent with this Code, all Tribal laws, ordinances and resolutions in effect
shall apply to activities at the gaming establishments. The construction, maintenance and operation of any
facility in which gaming activities are to take place shall be in a manner, which adequately protects the
environment and the public health and safety and shall comply with any otherwise applicable tribal and
federal laws relating to environmental protection and public health and safety.
Section 7.05 No Waiver of Sovereign Immunity

Nothing herein shall be interpreted as empowering the Gaming Commission to waive the Tribes’ or
the Gaming Commission’s immunity from suit. Any contract or other agreement that provides for such
waiver shall be void unless ratified by the Fort Hall Business Council.
Section 7.06 Repeal

To the extent that they are inconsistent with this Code, all Gaming Ordinances previously enacted or
amended by the Business Council are repealed

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(ii) “Services” means labor provided by one person to or for another, where such labor is provided
or facilitates the operation of the gaming operation in any manner.

Gi) “Tribal Chairperson” means the person duly elected under the Tribes’ Constitution and
Bylaws.

(kk) “Tribal Court” means the Shoshone-Bannock Tribal Court.

(il) “Tribal Internal Control Standards” or “TICS” means the Internal Control Standards
established by the Gaming Commission.

(mm) “Tribal Member” means a duly enrolled member of the Shoshone-Bannock Tribes.
(nn) “Tribes” means the Shoshone-Bannock Tribes.

(00) “Weekdays” means Monday through Friday except Federal or Tribal holidays.

CHAPTER 3
GAMING COMMISSION AND GAMING AGENCY ESTABLISHED

Section 3.01 Creation of Gaming Commission

(a) The Shoshone-Bannock Tribal Gaming Commission is hereby established as the primary
enforcement agency responsible for regulating gaming on the Reservation.. The members of the Gaming
Commission shall be appointed by the Business Council by resolution. The Gaming Commission shall
consist of four (4) persons who shall be licensed under this Code and shall be subject to licensing standards
no less stringent than that of a Key Employee. Said members shall serve a term of four (4) years, and may be
reappointed. The terms of the Gaming Commission shall be staggered.

(b) The Business Council shall determine and authorize the compensation to be paid to members
of the Gaming Commission. Commissioners shall receive necessary travel expenses and other related
business expenses. In no event shall compensation be based on a percentage of net profits from gaming
operations of the Tribe.

(c) There shall be a Chairperson, Vice-Chairperson ,and Secretary/Treasurer of the Gaming
Commission, elected by simple majority from its membership, who shall serve for a term of one year by
simple majority vote of Gaming Commission. The officers shall be chosen by existing Commissioners at the
beginning of each calendar year. Nothing shall prohibit a person from serving in an office multiple or
consecutive terms. If a vacancy occurs for any reason, the Commissioners seated at the time shall appoint an
officer to serve until the beginning of the next calendar year.

(d) The Fort Hall Business Council may, in its sole discretion, allow for an existing
Commissioner to take a leave of absence, paid or not paid, to attend to personal or health matters, and
appoint a temporary Commissioner, who shall have the power to act as a Gaming Commissioner during the
leave of absence so long as said individual is eligible for a gaming license.

(e) The following individuals shall not serve as Gaming Commissioners:

() Persons employed in or in conjunction with the management, supervision,

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(11) Be the primary contact for all outside gaming regulatory agencies, communicate and work
with Tribal, outside law enforcement agencies and regulatory agencies regarding gaming regulation, so as to
protect the assets and the integrity of the Gaming Operations within the jurisdiction of the Tribes;

(12) _ 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;

(13) Conduct hearings, take and review evidence and testimony in regards to gaming licensing
and alleged violations of gaming laws and regulations;

(14) Establish and/or approve rules for Class II and Class III games conducted within the
jurisdiction of the Tribes;

(15) Be responsible for the on-going inspection of all gaming equipment and all gaming areas;
(16) Establish and/or approve requirements for the testing of all gaming devices;

(17) Be responsible for hearing patron disputes in the event that Gaming Management
is unable to initially resolve the dispute;

(18) Be responsible for the review and approval of the budget of the Agency and Commission
prior to submission for final approval by the Business Council;

(19) Supervise the Executive Director and shall stay free from personnel matters of the Agency
except for personnel issues relating to the Executive Director;

(20) Establish and collect fees associated with costs related to licensing, performing background
investigations and testing of equipment;

(21) Be responsible for the levying of fines due to gaming violations;

(22) Inspect, copy, audit, impound and examine any gaming documents and records
without notice;

(23) Issue subpoenas for purposes of receiving relevant information concerning gaming, which
cannot be retrieved in any other manner;

(24) Apply for injunctive or declaratory relief in order to protect the assets and integrity of the
Gaming Operations within the jurisdiction of the Tribes;

(25) _ Enter into contracts for professional assistance, such as accountants, investigators and legal
services;

(26) Exclude individuals and create a list of those who are and should be excluded from the
Gaming Facility;

(27) Protect confidentiality of individuals and entities as identified within applicable law;

(28) Provide monthly reports, or as required to the Business Council;

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