ADOPTED

FEBRUARY 9, 1995

AS AMENDED JUNE 15, 1995

GAMING ORDINANCE

OF

THE BISHOP PAIUTE TRIBE

Table of Contents

CHAPTER 1. GENERAL PROVISIONS AND PURPOSE 2

CHAPTER 2. DEFINITIONS 3

CHAPTER 3. AUTHORIZATION OF GAMING ACTIVITIES 7

CHAPTER 4. CONFORMANCE WITH IGRA AND COMPACT 8

CHAPTER 5. STANDARDS OF OPERATION AND MANAGEMENT 8

CHAPTER 6. NET REVENUES FOR AUTHORIZED PURPOSES 9

CHAPTER 7. PUBLIC SAFETY STANDARDS 9

CHAPTER 8. BISHOP PAIUTE GAMING COMMISSION 10

CHAPTER 9. LICENSING PROCEDURES 15

CHAPTER 10. BACKGROUND INVESTIGATIONS 22

CHAPTER 11. CONFLICTS OF INTEREST PROHIBITED 28

CHAPTER 12. ACCOUNTING, MONTHLY REPORTS, AND ANNUAL AUDITS 29

CHAPTER 13. MISCELLANEOUS PROVISIONS 31

CHAPTER 14. PENALTIES FOR VIOLATIONS 32

CHAPTER 15. RESCINDING OF PRIOR ORDINANCES 33

CHAPTER 16. EFFECTIVE DATE 33
GAMING ORDINANCE

OF

THE BISHOP PAIUTE TRIBE

The BISHOP INDIAN TRIBAL COUNCIL, duly elected governing body

of the Bishop Paiute Tribe, a federally recognized Indian tribe

(Tribe), does hereby ordain as follows:

CHAPTER 1. GENERAL PROVISIONS AND PURPOSE

Sec. 101. This Ordinance shall be known as the Gaming

Ordinance of the Bishop Paiute Tribe (Ordinance)

Sec. 102. This Ordinance is enacted to:

(a) Provide authorization for the operation of gaming

by the Tribe as a means of promoting tribal economic

development, self-sufficiency and a strong tribal

government; and

(b) Provide appropriate regulations and rules which

shall be strictly and uniformly enforced throughout the

jurisdiction of the Tribe to ensure the close control by the

BISHOP INDIAN TRIBAL COUNCIL, the Tribes duly elected

governing body ,of all phases of the conduct of gaming

operations on the Tribes Lands.

Sec. 103. The Tribe shall have the sole proprietary interest

in and responsibility for the conduct of any gaming operation

authorized by this Ordinance. In the event the Tribe authorizes

individually owned gaming, all licenses shall be issue according

to the requirements contained in this Ordinance and pursuant to 25

CFR 522.10.

2
Sec. 104. The regulations and rules set forth in this

Ordinance shall govern all gaming operations conducted on the

Tribes Lands. To the extent that the Tribes existing or

subsequently adopted personnel manuals, policies and procedures or

charters establishing entities to operate Tribal gaming are

inconsistent with this Ordinance, this Ordinance shall supersede

such personnel manuals, policies and procedures.

Sec. 105. This Ordinance may be amended by 4 out of 5 members

of the BISHOP INDIAN TRIBAL COUNCIL at a meeting duly called for

said purpose.

CHAPTER 2 DEFINITIONS

For purposes of this Ordinance:

Sec. 201. Commission means the Bishop Paiute Gaming

Commission established pursuant to Chapter 8 of this Ordinance.

Sec. 202. NIGC means the National Indian Gaming Commission

established pursuant to the IGRA, 25 U.S.C. 5 2704.

Sec. 203. IGRA means the Indian Gaming Regulatory Act,

Pub.L. 100-497, 25 U.S.C. SS 2701, et seq., including any

amendments thereto. Where appropriate, IGRA also means

regulations promulgated by the NIGC pursuant to the regulatory

authority granted to the NIGC under the IGRA which are valid

interpretations of the IGRA.

Sec. 204. Tribe means the Bishop Palute Tribe, a federally

recognized Indian Tribe

Sec. 205. BISHOP INDIAN TRIBAL COUNCIL means the BISHOP

INDIAN TRIBAL COUNCIL, the duly elected governing body of the

Tribe.

Sec. 206. Applicant means any person or entity having on

file with the Commission an application for a gaming license

pursuant to Chapter 9 of this Ordinance.

Sec. 207. Application means the completed forms and

information requested by the Commission.

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Sec. 208. Class II gaming means Class II gaming as defined

in accordance with the IGRA, 25 U.S.C. S 2703 (7) (A)

Sec. 209. Class III gaming means Class III gaming as

defined in accordance with the IGRA, 25 U.S.C. S 2703(8).

Sec. 210. Compact means any gaming compact between any

state and the Tribe entered into pursuant to the IGRA, including

any amendments thereto.

Sec. 211. Gaming Facilities means the buildings and

associated real property within which Class II and Class III

gaming and other associated commercial activities are conducted.

Sec. 212. Gaming Operations means all of the Tribes Class

II and Class III gaming operations conducted pursuant to the

Ordinance. Gaming Operation means each economic entity that is

licensed by the Tribe, operates the games, receives the revenues,

issues the prizes and pays the expenses.

Sec. 213. General Manager means the individual who has

responsibility for day-to-day operations of a Gaming Operation.

Sec. 214. Key Employees means the General Manager and the

following persons:

(a) All persons performing one or more of the

following functions in any of the gaming

Operations:

(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;

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(viii) approver of credit;

(ix) custodian of gaming devices including

persons with access to cash and accounting I

records within such devices; or

(x) croupier.

(b) ~f not otherwise included, any other person whose

total cash compensation is in excess of $50,000

per year; or

(c) If not otherwise included, the four most highly

compensated persons in each Gaming Operation.

Sec. 215. Lbttery Board means the California Lottery Board,

its authorized officials, agents and representatives.

Sec. 216. Management Contract means any contract,

subcontract or collateral agreement between the Tribe and a

contractor or between a contractor and a subcontractor if such

contract or agreement provides for the management of all or part

of any gaming Operations.

For purposes of this Ordinance, collateral agreement means any

contract, whether or not in writing, that is related, either

directly or indirectly, to a management contract, or to any

rights, duties or obligations created between the Tribe (or any of

its members, entities or organizations) and a management

contractor or subcontractor (or to any person related to a

management contractor or subcontractor), within the meaning of 25

C.F.R. S 502.5.

Sec. 217. Net revenues means gross revenues of any Gaming

Operation less amount paid out as, or paid for, prizes and total

gaming-related operating expenses including debt service but

excluding management fees paid to a management contractor within

the meaning of 25 U.S.C. 5 2711(c)

Sec. 218. Ordinance means this, the Gaming Ordinance of the

Bishop Paiute Tribe.

Sec. 219. Owner or Controlling Person means:

(a) Any natural person having a direct financial

interest in any management Contract;

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(b) When a trust is a party to a Management Contract,

any beneficiary or trustee;

(c) When a partnership is a party to a Management

Contract, any partner;

(d) When a corporation is a party to a Management

Contract, any person who is a director or who

holds at least 10 percent of the issued and

outstanding stock alone or in combination with

another stockholder who is a spouse, parent, child

or sibling; or

(e) With respect to any entity with an interest in a

trust, partnership or corporation that has an

interest in a Management Contract, all

beneficiaries, trustees, partners, directors or 10

percent shareholders of such entities.

Sec. 220. Person means any individual or entity, including

any corporation or general or limited partnership.

Sec. 221. Premises or Licensed Premises means any place,

facility, or location on the Tribes Lands at which Class II or

Class III gaming is conducted.

Sec 222. Primary Management Official means:

(a) The person or persons designated in any

Management Contract pursuant to Sec. 303 as having

management responsibility of all or any part of

any Gaming Operation;

(b) Any person who has authority:

(i) To hire and fire employees of any Gaming

Operation; or

(ii) To set up working policy for any Gaming

Operation; or

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(c) The chief financial officer or other person has

financial management responsibility for any Gaming

Operation.

Sec. 223. A Relative of a person includes any of the

persons spouse or cohabitant, parents, siblings, and children

(including adopted children).

Sec. 224. Tribes Lands means:

(a) All lands within the jurisdictional limits of the

Bishop Paiute Reservation;

CHAPTER 3. AUTHORIZATION OF GP1NING ACTIVITIES

Sec. 301. Authority for Class II flaming The Tribe shall be

authorized to conduct all forms of Class II gaming on the Tribes

Lands.

Sec. 302. Authority for Class III gaming The Tribe shall be

authorized to conduct the following types of Class III gaming on

the Tribes Lands:

(a) Electronic games of chance with video facsimile

displays:

(b) Electronic games of chance with mechanical

displays;

(c) Blackjack;

(d) Keno;

(e) Parimutuel Horse Racing;

(f) Any Lottery game;

(g) Any other type of Class III gaming conducted

pursuant to the terms of a Compact.

Any Compact., when finalized, is hereby incorporated within and

enacted as an integral part of this Ordinance with respect to all

forms of Class III gaming as if set forth in full herein;

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provided, however, that nothing in the adoption of a Compact shall

be deemed to affect the operation by the Tribe of any Class II

gaming, whether conducted within or without the gaming facilities,

or to confer upon any state any jurisdiction over such Class II

gaming conducted by the Tribe on the Tribes Lands.

Sec. 303. Authority for Management and Other Contracts The

Tribe or chartered corporation established for the purpose of

operating Tribal gaming may enter into any contract or other

agreements to further its gaming interests, including one or more

Management Contracts. Each Management contract shall designate the

person or persons having responsibility for management of all or

part of any Gaming Operation. Management Contracts and other

gaming-related contracts shall contain such provisions as are

required under the IGRA and the Compact, shall be submitted to the

NIGC or other appropriate federal regulatory body for approval as

required by the IGRA, and shall be submitted to the Lottery Board

or other appropriate state regulatory body for approval if

required by the Compact. All such contracts shall be effective

pending review by the NIGC, other appropriate federal regulatory

body, and/or the Lottery Board or other appropriate state

regulatory body.

CHAPTER 4. CONFORMANCE WITH IGRA AND COMPACT

This Ordinance shall be construed in a manner which conforms

to the IGRA and the Compact in all respects, and if inconsistent

with the IGRA or the Compact in any manner, the provisions of the

IGPA or the Compact, respectively, shall govern.

CHAPTER 5. STANDARDS OF OPERATION AND MANAGEMENT

Sec. 501. Class II games The BISHOP INDIAN TRIBAL COUNCIL

shall adopt standards of operation and management for bingo and

other Class II games and, pending such adoption, may impose such

interim standards as it may determine necessary to protect the

integrity of such games. The standards of operation and management

for Class II games shall provide, at a minimum, that:

(a) No person under the age of 18 shall be permitted

to participate in any Class II gaming operations

as an employee, contractor or player.

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(b) The rules by which the game will be conducted and

the winner or winners determined will be

established in advance of the game and shall be

visibly displayed or available in pamphlet form in

the Gaming Facility.

Sec. 502. Class III games The standards of operation and

management for Class III games shall be those set forth in a

Compact. The BISHOP INDIAN TRIBAL COUNCIL may adopt standards of

operation and management for Class III games that are no less

stringent than, or not otherwise inconsistent with, a Compact.

CHAPTER~6. NET REVENUES FOR AUTHORIZED PURPOSES

Sec. 601. The net revenues from any games shall be

exclusively devoted to the purposes authorized by the BISHOP

INDIAN TRIBAL COUNCIL in conformance with Section 602 and Section

603, below.

Sec. 602. The net revenues are not to be used for purposes

other than: (a) to fund tribal government operations or programs;

(b) to provide for the general welfare of the Tribe and its

members; (c) to promote tribal economic development; (d) to donate

to charitable organizations; or, (e) to help fund operations of

local government agencies.

Sec. 603. Net revenues may be used to make per capita

payments to members of the Tribe, as permitted under the IGRA. Per

capita payments shall be made only pursuant to a plan established

by a tribal resolution or ordinance passed or adopted by the

BISHOP INDIAN TRIBAL COUNCIL, which resolution or ordinance shall

be approved by the Secretary of the Interior as required under the

IGRA. The interests of minors and other legally incompetent

persons as defined under State law who are entitled to receive per

capita payments will be protected and preserved as required by the

IGRA.

CHAPTER 7. PUBLIC SAFETY STANDARDS

Sec. 701. The construction and maintenance of any Gaming

Facilities, and the Gaming Operations, shall be conducted in a

manner which adequately protects the environment and the public

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health and safety and for that purpose shall comply with the

requirements of the Compact and all applicable health, safety and

environmental standards enacted by the BISHOP INDIAN TRIBAL

COUNCIL.

Sec. 702. Notwithstanding the provisions of Sec. 701 hereof,

to the extent that compliance with the requirements of Sec. 701

shall require physical alterations in the Tribets Gaming

Facilities existing on the effective date of the Compact, such

existing Gaming Facilities shall be exempt from the requirements

of Sec. 701 for a period of time, as determined by the BISHOP

INDIAN TRIBAL COUNCIL, during which time such existing Gaming

Facilities shall be brought into compliance with such

requirements.

CHAPTER 8. BISHOP PAIUTE GAMING COMMISSION

Sec. 801. Establishment of Commission

(a) There shall be established a Bishop Paiute Gaming

Commission consisting of Five Commissioners

appointed by the BISHOP INDIAN TRIBAL COUNCIL in

the manner hereinafter described. Until such time

as the Commission is established or in the absence

of a duly constituted Commission, the Commission

shall be the BISHOP INDIAN TRIBAL COUNCIL.

(b) Each Commissioner shall be appointed by 4 out of

5 of the BISHOP INDIAN TRIBAL COUNCIL acting at a

duly convened meeting. The BISHOP INDIAN TRIBAL

COUNCIL shall publicly notify members of the Tribe

of any vacancies on the Commission. The BISHOP

INDIAN TRIBAL COUNCIL shall establish such

application procedures as it deems appropriate for

members of the Tribe interested in serving on the

Commission including verification of application.

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Sec. 802. Ouàlifications In order to qualify for appointment

to the Commission, an applicant must satisfy all of the following

requirements:

(a) Be a member of the Tribe.

(b) Be age 21 or older.

(c) Have at least a high school diploma, California

High School Proficiency or GED equivalent

education and have knowledge of or experience in

the gaming industry.

(d) Have no prior record of conviction of, or entry

of a plea of guilty or no contest to, any of the

following in any tribal, county, state or federal

court, unless he or she has been pardoned:

(i) A felony.

(ii) Fraud or misrepresentation in any

connection leading to conviction, judgment,

or plea of no lo contendre.

(iii) A violation of any provision of any state

gaming regs., any rule promulgated by the

Lottery Board, California Horse Racing Board

or other appropriate state regulatory body

of any state, or this Ordinance or any other

ordinance of the Tribe regulating or

prohibiting gaming.

(e) Not be serving on the BISHOP INDIAN TRIBAL COUNCIL

or any elected or appointed committees of the

Tribe at the time of his or her appointment to, or

during his or her term of office on, the

Commission.

(f) Not be a Relative of any member of the BISHOP

INDIAN TRIBAL COUNCIL at time of appointment.

(g) Not be employed by any Gaming Operations.

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(h) Not be a Primary Management Official or Owner or

Controlling Person with respect to any Management

Contract.

Sec. 803. Term The Commissioners each shall serve for a term

of four years commencing on the first of the month of their

appointment; provided, that three of the initial Commissioners

appointed shall be designated by the BISHOP INDIAN TRIBAL COUNCIL

to serve for an initial term of four years and two of the initial

Commissioners appointed shall be designated by the BISHOP INDIAN

TRIBAL COUNCIL to serve for an initial term of three years, based

on a drawing of lots by the BISHOP INDIAN TRIBAL COUNCIL.

Sec. 804. Quorum Any four of the Commissioners present at a

meeting duly called shall constitute a quorum.

Sec. 805. Compensation Commissioners shall serve on a

part-time basis. Commissioners shall be paid the necessary travel

expenses to meetings duly called under this ordinance at

prevailing Tribal rates, a daily stipend, and any pre-authorized

expenses by the BISHOP INDIAN TRIBAL COUNCIL.

Sec. 806. Removal Any Commissioner may be removed by an

affirmative vote of 4 out of 5 of the members of the BISHOP INDIAN

TRIBAL COUNCIL acting at a meeting. Such removal shall only be for

cause, including malfeasance, neglect of duty, unexcused failure

to attend three successive meetings of the Commission, failure to

continue to meet the qualifications for appointment to the

Commission. Any Commissioner being considered for removal shall be

provided with notice in writing stating the grounds for removal,

and he or she shall have 30 days to provide an explanation to the

BISHOP INDIAN TRIBAL COUNCIL in person or in writing, which

explanation shall be considered by the BISHOP INDIAN TRIBAL

COUNCIL in voting on the removal question. All removal questions

shall be considered by the BISHOP INDIAN TRIBAL COUNCIL at or

after the end of the 30-day notice period at which the

Commissioner and his or her attorney shall have the right to be

present. All BISHOP INDIAN TRIBAL COUNCIL determinations to

remove a Commissioner shall be final.

Sec. 807. Vacancies A vacancy on the Commission through

death, written or declared resignation, or removal from office

shall be filled by appointment by the BISHOP INDIAN TRIBAL COUNCIL

within 30 days to complete the unexpired term.

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Sec. 808. Powers and duties of Commission The Commission

shall have the following powers and duties:

(a) The Commission shall have primary responsibility

for developing policies, guidelines and regulations

for Class II and Class III gaming on the Tribes

Lands, including any amendments to this Ordinance,

and for recommending to the BISHOP INDIAN TRIBAL

COUNCIL for adoption.

(b) The Commission shall monitor all Class II and Class

III gaming on the Tribes Lands and all monthly

reports and annual audits of such activities to

insure that such activities conform to the

provisions of this Ordinance and other applicable

laws.

(c) Except as otherwise provided, the Commission shall

issue and deny gaming licenses in accordance with

Chapter 9 of this Ordinance.

(d) The Commission shall investigate all alleged

violations of this Ordinance and recommend actions

to the BISHOP INDIAN TRIBAL COUNCIL.

(e) The Commission may recommend to the BISHOP INDIAN

TRIBAL COUNCIL penalties for violations of this

Ordinance in accordance with Chapter 14 of this

Ordinance and any other actions to enforce the

provisions of this Ordinance or to enjoin or

otherwise prevent any violation of this Ordinance

or other laws relating to gaming on the Tribes

Lands.

(f) The Commission shall prepare and recommend an

annual budget for the purpose of allocating funds

to the Commission for its necessary activities and

expenses, which must be approved by the Tribal

Council. The Commission may in accordance with

any approved budget employ such staff from time to

time as it deems necessary to fulfill its

responsibilities under this Ordinance, and may

retain legal counsel and other professional

13
services including investigative services to

assist the Commission with respect to any of the

issues over which the Commission exercises

jurisdiction.

(g) In addition to any procedures required under the

Tribes property and procurement manual or other

policies, all contract or non-contract purchases

relating to gaming in the amount of $25,000 or

more shall be subject to approval by the BISHOP

INDIAN TRIBAL COUNCIL upon the recommendation of

the Commission.

(h) Dispute Resolution

(a) Whenever a patron of the gaming facility disputes

the resolution of a conflict by the Manager of the gaming facility

or its employee(s), whether such dispute concerns payment of

alleged winnings to a patron or other matters, and the Manager and

the patron are unable to resolve the dispute to the satisfaction

of the patron, Manager shall inform the patron of his or her right

to request that the Bishop Paiute Gaming Corp. conduct an

investigation. The Bishop Paiute Gaming Corp. shall conduct

whatever investigation it shall deem necessary and shall determine

what resolution of the dispute shall be made.

(b) Notice To Patrons. Within thirty(30) days after

the date that the Bishop Paiute Gaming Corporation first receives

notification from the Manager or representative or a request to

conduct an investigation from the patron, the Bishop Paiute Gaming

Corporation shall mail written notice by certified mail, return

receipt requested, to the patron setting forth the decision

resolving the dispute.

(c) Within thirty(30) days after the date of receipt

of the written decision, the aggrieved party may file a petition

with the Bishop Paiute Gaming Commission requesting a review of

the decision. The Bishop Paiute Gaming commission may set a

hearing on the matter or may make decision based solely upon the

corporations decision and other documentation provided to it by

the patron and the corporation. The Bishop Paiute Gaming

Commission shall then issue a written decision and mail it to the

parties pursuant to the procedures set forth above. The decision

of the Bishop Paiute Gaming Commission shall be final and binding

14
upon the patron and Manager and all not be subject to judicial

review or to other legal action in federal, state or tribal court.

(I) The Commission shall have such other powers as

are delegated to it from time to time by the BISHOP

INDIAN TRIBAL COUNCIL.

Sec. 809. Procedures of the Commission

(a) Meetings All meetings of the Commission (except

executive sessions) shall be open to all members of

the Tribe. Balloting at all sessions shall be as

the presiding officer shall direct. The Commission

may, upon motion duly passed, go into executive

session. At such sessions all persons shall be

excluded from the meeting chamber, and any persons

whose presence shall be required before the

Commission shall be designated by the presiding

officer, and no other persons shall be allowed to

be present other than the Commissioners.

(b) Bylaws The Bylaws appended hereto as Exhibit A

shall be the initial bylaws governing the

operations of the Commission. Subject to any

limitations set forth in this Ordinance, such

Bylaws may be amended by the Commission at any

time, but amendments shall not be effective until

approved by the BISHOP INDIAN TRIBAL COUNCIL.

CHAPTER 9. LICENSING PROCEDURES

Sec. 901. Tribal License Required/Employment The following

persons must obtain tribal licenses under the procedures of this

Chapter 9, as a condition to employment in any Gaming Operation on

the Tribes Lands: any party to a Management Contract with the

Tribe, and any Primary Management Officials and Key Employees. The

tribal licensing requirements are in addition to any state

licenses required under the Compact.

Sec. 902. Standard for License/Gaming Operation Licenses

issued hereunder shall be issued according to requirements that

are at least as stringent as those set forth in regulations

promulgated by the NIGC in parts 556 and 558 of chapter 25 of the

15
Code of Federal Regulations, including any amendments thereto. A

separate license shall be required for each place, facility, or

location on the Tribes Lands at which any gaining is or will be

conducted under this ordinance.

Sec. 903. Application for License

(a) No License shall be issued under this Chapter

except upon a sworn Application filed with the

Commission, in such form as may be prescribed by

the Commission, containing a full and complete

showing, at a minimum, of the following:

(1) Satisfactory proof that the Applicant is of

good character and reputation, and is

financially responsible.

(ii) A description of the premises at which the

games are to be conducted, with proof of the

contractual or other basis upon which the

Applicant shall conduct games, or be

employed, at such premises.

(iii) Agreement by the Applicant to accept and

abide by all conditions of the license as

provided in this Ordinance.

(iv) Satisfactory proof that neither the

Applicant, nor any Owner or Controlling

Person of any Applicant which is a party to

a Management Contract, nor any of the

Applicants employees has in any jurisdiction

ever been convicted of, or entered a plea of

guilty or no contest to, any of the

following, unless the person has been

pardoned:

a. A felony.

b. Fraud or misrepresentation in any

connection leading to conviction,

judgment, or plea of no lo contendre.

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c. A violation of any provision of the

California state gaming regs., any rule

promulgated by the Lottery Board,

California Horse Racing Board or other

appropriate state regulatory body of any

state, or this Ordinance or any other

ordinance of the Tribe regulating or

prohibiting gaming.

(v) That the Applicant has fulfilled all

applicable requirements of IGRA and the

Compact.

(b) No License shall be issued to any Applicant who has

been determined by the BISHOP INDIAN TRIBAL COUNCIL or the

Commission to be a person whose prior activities, criminal

record, if any, or reputation, habits and associations pose

a threat to the public interest or to the effective

regulation and control of gaming, or create or enhance the

dangers of unsuitable, unfair, or illegal practices, methods,

or activities in the operation of gaming or the carrying on

of the business and financial arrangements incidental

thereto.

(c) The issuance of licenses hereunder also shall be

subject to the provisions of Chapter 10 regarding background

investigations.

Sec. 904. Notice and Hearing on Application for License

After an Application has been filed with the Commission, the

Commission shall post notice of the Application in a prominent

place at the Tribal Office bulletin board for at least 15 days

prior to consideration by the Commission and shall publish the

notice during the period at least once in a tribal newspaper, or

if a tribal paper is not in publication, in such other local

newspaper serving the community that may be affected by the

license as authorized by the Commission. The notice shall state

the date, time and place when the Application shall be considered

by the Commission which shall be within 30 days. Applications

shall be considered by the Commission in open session at which the

Applicant, his or her or its attorney and any person protesting

the Application shall have the right to be present.

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Sec. 905. Authority to Issue License Any license granted by

the Commission requires a 4 out of 5 vote for approval and shall

be effective upon the date of grant, which effectiveness shall be

provisional as set forth in Sec. 908 pending the satisfactory

completion of all background investigations and pending expiration

of the 30-day period for review by the NIGC provided for in

regulations issued by the NIGC in part 558 of chapter 25 of the

Code of Federal Regulations, including any amendments thereto;

provided, however, that the Commission must provide written notice

to the BISHOP INDIAN TRIBAL COUNCIL of the granting of any

licenses, and the BISHOP INDIAN TRIBAL COUNCIL shall have the

power to overturn the granting of any license by action within 30

days after receipt of such notice. If overturned by the BISHOP

INDIAN TRIBAL COUNCIL, a license issued by the Commission shall

have no force or effect.

Sec. 906. Appeal of Denial of License The Applicant may

appeal to the BISHOP INDIAN TRIBAL COUNCIL from any denial of a

license by the Commission by mailing certified written notice of

appeal to the BISHOP INDIAN TRIBAL COUNCIL within 15 days after

the date of denial. The denial will be final if no appeal is

received within the 15-day period. Appeals shall be heard by the

BISHOP INDIAN TRIBAL COUNCIL under the same open hearing procedure

set forth in Sec. 904 established for the Commission.

Sec. 907. Finality of BISHOP INDIAN TRIBAL COUNCIL

Determinations All BISHOP INDIAN TRIBAL COUNCIL determinations

require a 4 out of 5 vote to overturn a licensing decision and

shall be final.

Sec. 908. F~ffectiveriess of License Any license granted

hereunder shall be effective on a provisional basis pending the

satisfactory completion of all background investigations required

under this Ordinance, the IGRA, and the Compact, and pending

expiration of the 30-day period for review by the NIGC provided

for in regulations promulgated by the NIGC in part 558 of chapter

25 of the Code of Federal Regulations, including any amendments

thereto, if applicable. Upon the satisfactory completion of all

required background investigations and such review by the NIGC,

such license shall continue to be effective until it expires

unless otherwise suspended or revoked. If background

investigations or NIGC review are not satisfactorily completed, a

provisional license shall have no further force or effect.

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Sec. 909. Term of License; License Fees

(a) Licenses shall be for a term of one year.

(b) In order to recover the costs to the Tribe of

complying with the federal, tribal, and state

regulatory processes applicable to Class II and

Class III gaming, annual license fees shall be

imposed as follows:

(i) License fees shall be imposed on each party

to a Management Contract with the Tribe in

accordance with a fee schedule to be

established by the Commission.

(ii) License fees shall be imposed on any other

person required to obtain a tribal license

in accordance with a fee schedule to be

established by the Commission.

(iii) In addition to the license fees imposed

pursuant to Section 909(b) (i) and (ii) the

Commission may in its discretion impose such

fees on licensed persons as are reasonably

related to costs of enforcement which will

in the aggregate be sufficient to enable the

Commission to recover its reasonable costs

of enforcing this Ordinance.

Sec. 910. Other Conditions of License Any licensee issued a

license under this chapter shall comply with such reasonable

conditions as may be fixed by the Commission, including but not

limited to the following conditions:

(a) The licensee shall at all times maintain an

orderly, clean and neat establishment, both inside

and outside the licensed Premises.

(b) The Licensed Premises shall be subject to patrol

by the tribal security force and contracted local

law enforcement and the licensee shall work with

such security officers at all times.

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(c) Th~ Licensed Premises shall be open to inspection

by duly authorized tribal officials at all times

during the regular business hours.

(d) There shall be no discrimination in the

operations under the license by reason of race,

color or creed; provided, however, that nothing

herein shall prevent the licensee from granting

preferences to Indians as permitted by law.

Sec. 911. Required Notifications The Commission shall

promptly notify the NIGC or other appropriate federal regulatory

body and the Lottery Board or other appropriate state regulatory

body of the issuance of Tribal licenses, as required under IGRA

and the Compact.

Sec. 912. Cancellation or Suspension The licensee and his or

her or its employees shall be legally responsible for any

violation of the Ordinance or the license. Any license issued

hereunder may be canceled or suspended by the Commission for the

breach of any of the provisions of this Ordinance or of the

license. A hearing will be held before the Commission, after 10

days certified written notice of the claimed breach to the

licensee. The time and place of the hearing shall be posted in the

Tribes office, and if time permits, in a tribal or local

newspaper serving the community that may be affected by the

license. The licensee, his or her or its attorney and any person

affected by the license shall have the right to be present and to

offer sworn oral or documentary evidence relevant to the breach

charged.

A license may be suspended during such 10-day period by an

affirmative vote of 4 out of 5 of the Commission; provided,

however, that a license shall be suspended during such period as

required under the IGRA if the cancellation hearing arises as a

result of notice from the NIGC under regulations. All decisions

of the Commission regarding cancellations of licenses shall be

appealable to BISHOP INDIAN TRIBAL COUNCIL, who shall hold hearing

within ten days following receipt of request for appeal, which

must be received within 15 days following the Commissions

decision. The decision of the BISHOP INDIAN TRIBAL COUNCIL by a

vote of 4 out of 5 will be final. No gaming shall be conducted by

any licensee during the 10-day suspension period or after

cancellation.

20
In the event that any particular license has a provision

dealing with whether or not gaming may be conducted during the 10-

day suspension period that provision will prevail as long as that

provision is not in violation of and IGRA Regulation.

Sec. 913. Notice of Licensing Actions The Commission and the

BISHOP INDIAN TRIBAL COUNCIL shall post and publish notices of all

actions taken in regard to licenses and license applications under

the same posting and publication procedures prescribed in Sec.

903 (a) (v)

Sec. 914. Provisional Employment Pending Issuance of License

and During Provisional License Period Primary Management

Officials and Key Employees may be employed in the Gaming

Operations on the Tribes Lands prior to the issuance of a license

hereunder and during the period that a license shall be effective

on a provisional basis as provided in Sec. 908, but such

employment shall be provisional only and subject to the

requirements of this Sec. 914. Employment may begin prior to

issuance of a license only if the Commission or such other Tribal

agency or official as may be authorized by the BISHOP INDIAN

TRIBAL COUNCIL has made a preliminary finding of eligibility for

employment in the Gaming Operations, which shall require a

preliminary determination that the Primary Management Official or

Key Employee is not a person whose prior activities, criminal

record, if any, or reputation, habits and associations pose a

threat to the public interest or to the effective regulation and

control of gaming, or create or enhance the dangers of unsuitable,

unfair, or illegal practices, methods, or activities in the

operation of gaming or the carrying on of the business and

financial arrangements incidental thereto.

Preliminary employment must be terminated upon the occurrence

of any of the following: (a) denial of a license by the Commission

or the BISHOP INDIAN TRIBAL COUNCIL; (b) unsatisfactory completion

of background investigations or NIGC review resulting in

nullification of a provisional license, as described in Sec. 908;

or (c) to the extent required under regulations promulgated by the

NIGC in part 558 of chapter 25 of the Code of Federal Regulations,

including any amendments thereto, at the end of 90 days after the

starting date of provisional employment, if at the end of such

period no license has been issued hereunder or if a license issued

hereunder remains effective only on a provisional basis, as

21
provided in Sec. 908; provided, however that provisional employees

terminated for the reason described in subclause (c) shall be

qualified for reemployment upon the satisfactory completion of

background investigations and NIGC review.

CHAPTER 10. BACKGROUND INVESTIGATIONS

Sec. 1001. Required Background Investigations The Commission

shall conduct background investigations of the following persons:

(a) All Primary Management Officials, Key Employees,

Owners and Controlling Persons; and

(b) Such additional persons as required under the

IGRA, the Compact or in the discretion of the

Commission.

Sec. 1002. Standards for Background Investigations All

background investigations shall be conducted to ensure that the

Tribe in its Gaming Operations shall not employ or contract with

persons whose prior activities, or reputation, habits and

associations pose a threat to the public interest or to the

effective regulation of gaming conducted under this Ordinance, or

create or enhance the dangers of unsuitable, unfair or illegal

practices and methods and activities in the conduct of such

gaming. Such investigations shall be conducted according to

requirements that are at least as stringent as those set forth in

regulations promulgated by the NIGC in parts 556 and 558 of

chapter 25 of the Code of Federal Regulations, including any

amendments thereto. In the case of investigations of Primary

Management Officials and Key Employees, the Commission shall

prepare the report required to be prepared and submitted to the

NIGC under regulations promulgated by the NIGC in part 558 of

chapter 25 of the Code of Federal Regulations, including any

amendments thereto, which report shall contain the eligibility

determination described in such regulations. All background

investigations also shall otherwise meet the standards of such

investigations imposed under the IGRA and/or the Compact and shall

be updated as required under the IGRA and/or the Compact, as

applicable. Nothing herein shall prevent the Commission from

conducting more comprehensive background investigations than those

required under the IGRA or the Compact.

22
Sec. 1003. ~ackground Information on 5 percent Shareholders

In addition to the background investigations which are required

under the foregoing provisions, the Commission shall collect from

each shareholder who holds (directly or indirectly) at least 5

percent but less than 10 percent of the issued and outstanding

stock of a corporation which is a party to a Management Contract,

such background information as is customarily submitted by those

individuals who are subject to a background investigation. The

Commission may, in its discretion, conduct background

investigations of such individuals, but such investigations are

not required.

Sec. 1004. Required Notifications and Record Keeping As

appropriate, the Commission shall promptly notify the NIGC or

other appropriate federal and/or state regulatory bodies of

information obtained in the course of any background investigation

as required under the IGRA and the Compact. In the case of

investigations of Primary Management Officials and Key Employees,

the Commission shall prepare the report required to be prepared

and submitted to the NIGC under regulations promulgated by the

NIGC in part 558 of chapter 25 of the Code of Federal Regulations,

including any amendments thereto, which report shall contain the

eligibility determination described in such regulations. The

Commission also shall comply with all record-keeping requirements

with regard to such investigations as are set forth in the IGRA

and the Compact.

Sec. 1005. Procedures for Background and Criminal History

Investigations of Key Employees and Primary Management Officials

The major areas of focus in a background investigation shall

include criminal history information, personal character

information, financial history information, and gaining

experience.

Investigative procedures

As an initial step, information on each applicant shall be

obtained through the application process. An application for

employment must include, at a minimum, the information contained

in 25 C.F.R. S. 556.1, 556.2, 556.3, and 556.4. Each background

investigation should begin with an initial verification of the

information contained in the application.

23
To relieve some of the burden from the Bishop Paiute Gaming

Commission, applIcants will be required to provide as much

documentation as possible to verify the information contained in

their application. For example, to aid in an investigation, an

applicant may be required to provide copies of certain documents

such as his/her birth certificate, social security card, or

drivers license. Information may also be verified by letter,

telephone call or personal visit. Also, to ensure easier access

to information as much information as possible will be gathered

through the use of public records.

For access to information that is not generally available though

the public record, a Release Form will be signed by an applicant.

A copy of the form is included as Attachment 1. A properly

executed Release Form will usually allow access to personal files

and information not readily available to the general public. This

Release Form, if worded correctly, may also provide protection

from legal repercussions to the requester and the entity from

which information is requested.

The following identifies the information in an application that

should be verified or subjected to additional investigative

procedures. This list also includes some recommendations for

verifying the information:

(i) Verify the applicants name, place of birth, date of birth,

and citizenship by requiring the applicant to provide items such

as a birth certificate, social security card, or passport.

(ii) Confirm the applicants business and employment positions

held and ownership interests in those businesses currently and

for the past 5 years by attempting to contact through written

letter, telephone calls or personal visits to past employers

listed ui the application and through ownership documentation

such as copies of partnership agreements, stock certificates, or

IRS tax returns.

(iii) Obtain the applicants driving record by using the

applicants drivers license number to contact the Department of

Motor Vehicle in the state where the license is issued.

(iv) Ascertain character information about the applicant by

contacting the personal references identified in the application.

(v) Inquire into any existing or previous business relationships

the applicant has had with Indian tribes, including the scope of

those relationships, by contacting those tribes identified in the

application. Also, the investigator should contact other state

and federal entities that have contact with Indian tribes to

obtain other information available.

24
(vi) Gather information about any existing or previous business

relationships the applicant has had in the gaming industry,

including the scope of those relationships, by contacting those

entities identified in the application. Also, when appropriate,

the investigator should contact other state gaining agencies or

the NZGC to obtain other information available.

(vii) Verify the applicants history and status with any

licensing agency identified by the applicant with which the

applicant has applied for an occupational license or permit by

contacting those agencies.

(viii) Obtain information regarding any past felonies,

misdemeanor convictions, or criminal charges within the last 10

years by contacting state, city, county and tribal courts, and

state, local, and tribal police departments in the applicants

areas of residence. The NIGC recommends obtaining as much

information as possible through public court records. Also, a

tribe may require an applicant to submit any court documents

pertaining to the applicants civil or criminal history.

(ix) Obtain and verify any other information the tribe deems

relevant to complete a thorough background investigation. This

may include the use of a credit reporting agency.

Once a tribe has satisfied itself as to the accuracy of the

information contained in the application, the information should

be analyzed. If questions arise as information is obtained about

an applicants criminal activities, financial problems, or

character deficiencies, the investigator should probe further

into the applicants background and either broaden the scope of

the investigation or focus in more detail on a potential problem

area. It is during this analysis phase that the depth of

background investigations will vary considerably. The adequacy of

each background investigation will depend on the detailed

analysis of the information obtained through the investigative

process.

Investigative sources

The following organizations may have information regarding

applicants. Some may require that a tribe enter into a memorandum

of understanding or have law enforcement status before certain

information not otherwise available is shared.

FEDERAL AGENCIES

Department of the Interior (BIA, Inspector General)

National Indian Gaming Commission

U.S. District and Appellate Courts-civil/criminal/bankruptcy U.S. Attorneys

25
STATE AGENCIES AND ORGANIZATIONS

State Gaming Boards and Commissions Department of Public Safety

Department of Motor Vehicles Secretary of State -

Corporations

Divisions State Bar Associations/Accountancy Boards! Contractor

Boards/Other state licensing agencies State Crime Commissions

State Courts-civil and criminal

COUNTY/CITY AGENCIES AND ORGANIZATIONS

County Courts -

civil/criminal

County Licensing Departments

Recorder of Deeds/Assessors Office! Treasurers Office

County Sheriffs Office

County Police Department

Chamber of Commerce

Better Business Bureau

Investigative reports

Before issuing a license to a primary management official or a

key employee, tribes are required to forward to the NIGC

investigative reports on each background investigation conducted.

Each investigative report must include the following:

(1) A description of the steps taken in conducting the background

investigation. The steps may, for example, be provided by:

(a) a step by step recitation of the work done; or (b) a

checklist or program with an indication of procedures completed.

(2) An explanation of the results obtained. This may be supplied

by listing any exceptions, areas of concern, or negative

information obtained in the course of the investigation.

(3) A statement as to the conclusions reached. Where no

exception, area of concern or negative information was obtained,

the report should so state. Where exceptions, areas of concern or

negative information was obtained, the conclusions as to each

should be provided.

(4) The bases or justifications for each of the conclusions.

Attachment 2 is a sample investigative report which the NIGC

believes sufficiently meets the requirements of 25 C.F.R. 556.5.

The report is included merely for informational purposes.

26
SUITABILITY DETERMINATION

The Bishop Paiute Gaining Commission must review a persons prior

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

associations to make a finding concerning the eligibility for

employment in the gaming operation. If the BPGC, in applying the

standards adopted in a tribal ordinance, determines that

employment poses a threat to the public interest or to the

effective regulation of gaming, or enhances the dangers of

unsuitable, unfair, or illegal practices and methods in the

conduct of gaming, a management contractor or a tribal gaming

operation shall not employ that person in a key employee or

primary management official position.

Use ot Investigative Work

The BPGC shall use the investigative report as the basis for

reviewing a persons prior activities, criminal record, if any,

and reputation, habits and associations to make a finding

concerning the eligibility of a key employee or a primary

management official for employment in a gaming operation. The

authorized tribal official should pay particular attention to:

1) The truthfulness of the applicants answers to questions

asked;

2) The applicants criminal record, if any;

3) Any conflicting or additional information; and

4) Mitigating circumstances cited by the investigator.

A sample suitability determination is included as Attachment 3.

LICENSING

Upon completion of a background investigation and a determination

of eligibility (suitability) for employment in a gaming

operation, BPGC must forward an investigative report and

suitability determination to the NIGC within 60 days after an

employee begins work. The NIGC Chairman may, during the ensuing

30 days, request additional information from a tribe concerning a

key employee or primary management official who is the subject of

a report. Such a request suspends the 30 day period until the

Chairman receives the additional information.

If the NIGC notifies BPGC that it has no objections to the

issuance of a license to a particular applicant, the BPGC may

27
issue a license to such applicant. If the NIGC provides the tribe

with a statement itemizing objections to the issuance of a

license to a particular applicant, the BPGC must reconsider the

application, taking into account the objections itemized by the

NIGC. The BPGC, however, makes the final decision whether to

issue a license to such applicant.

Sec. 1006. Fingerprint checks

The law enforcement agency that will take the fingerprints of

applicants for key employee and primary management official

positions will be the City of Bishop Police Department, City of

Bishop, CA.

The Bishop Paiute Gaming Commission hereby elects to use the NIGC

to process fingerprint cards through the FBI.

In order to process fingerprints through the NIGC, the BPGC shall

execute a memorandum of understanding with the NIGC as shown in

Attachment 4. The BPGC should also send a letter to the NIGC

requesting the number of fingerprint cards needed by the tribe.

Fingerprints processed through the NIGC must be taken on

fingerprint cards bearing NIGCs ORI number. If the NIGC is

responsible for processing the fingerprints, printed cards must

be sent directly from the law enforcement agency that takes the

fingerprints to the NIGC.

CHAPTER 11. CONFLICTS OF INTEREST PROHIBITED

Sec. 1101. No member of the BISHOP INDIAN TRIBAL COUNCIL or

the Commission shall:

(a) Be employed by any Gaming Operations, be a Primary

Management Official or Owner or Controlling Person

with respect to any Management Contract, either

while serving on the BISHOP INDIAN TRIBAL COUNCIL

or the Commission or for a period of three months

from the termination of service on the BISHOP

INDIAN TRIBAL COUNCIL or the Commission.

(b) Participate in the approval, denial or renewal of

any Application for a gaming license by, or

participate in the revocation or suspension of any

License granted hereunder to, any Relative of such

28
member of the BISHOP INDIAN TRIBAL COUNCIL or the

Commission.

(c) Engage in any business, transaction or

professional activity or incur any obligation of

any nature which conflicts with the proper

discharge of his or her official duties in

administering this Ordinance; provided that a

member of the BISHOP INDIAN TRIBAL COUNCIL who may

engage in a conflicting activity or incur a

conflicting obligation that is not otherwise

disqualified under Sec. 1101(a) shall promptly

disclose that activity or obligation to the BISHOP

INDIAN TRIBAL COUNCIL and refrain from voting on

any matter regarding such activity or obligation

which may constitute a conflict.

Sec. 1102. No party to a Management Contract, Owner or

Controlling Person, Primary Management Official, or employee of

the Tribe in any of its Gaming Operations shall:

(a) Participate as a player in any Class II or Class

III games conducted pursuant to this Ordinance,

except that employees of the Tribe in any of its

Gaming Operations may participate as a player at

locations other than those at which they are

employed.

(b) Engage in any business transaction or professional

activity or incur any obligation of any nature

which conflicts with the proper performance of any

Management Contract or employment duties, as the

case may be.

CHAPTER 12. ACCOUNTING, MONTHLY REPORTS AND ANNUAL AUDITS

Sec. 1201. The BISHOP INDIAN TRIBAL COUNCIL shall maintain or

contract for the maintenance of a permanent single entry or double

entry bookkeeping system for the purpose of recording all receipts

and expenditures in connection with the conduct of games and the

disbursement of profits derived therefrom. Such bookkeeping system

shall consist of a columnar book maintained on a calendar or

29
fiscal year basis. The use of a suitable computerized accounting

system may substitute for a manual system of books.

Printed copies of all information shall be in the possession of

the Commission and the BISHOP INDIAN TRIBAL COUNCIL. As required

under regulations promulgated by the NIGC in part 571 of chapter

25 of the Code of Federal Regulations, including any amendments

thereto, the permanent books of account or records shall include

inventory records of gaming supplies and equipment and shall be

sufficient to establish information including but not limited to

the amount of gross and net income, deductions and expenses, and

receipts and disbursements and shall be kept at all times

available for inspection by the NIGCs authorized representatives.

Such books of account or records shall be retained permanently.

Sec. 1202. No later than 15 days after the end of each month,

the General Managers of each of the Gaming Operations shall

prepare and submit to the Commission and the BISHOP INDIAN TRIBAL

COUNCIL a comprehensive report for the month completed of the

gaming operations for which such General Manager has overall

responsibility. Monthly reports shall be made on a form prescribed

by the BISHOP INDIAN TRIBAL COUNCIL. The General Manager shall

retain a copy of the report for the permanent records of the

Tribe. The report shall include, but not be limited to:

(a) An itemized statement of the gross receipts.

(b) An itemized statement of expenditures, including

amounts paid for salaries and benefits, prizes,

supplies and equipment, and other expenses.

Sec. 1203. The monthly report shall be signed by the General

Manager with overall responsibility for the operations.

Sec. 1204. In compliance with 25 U.S.C. S 2710(b) (2) (C) and

(D), the Commission shall cause all Gaming Operations to be

subject to an audit by independent certified public accountants

conducted in accordance with generally accepted accounting

principles, not less than annually, the results of which shall be

submitted to the BISHOP INDIAN TRIBAL COUNCIL and the Commission,

and copies of the annual audit shall be provided to the NIGC

within 120 days after the end of the fiscal year. All gaming

related contracts that result in purchases of supplies, equipment,

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

30
contracts for professional legal or accounting services) shall be

specifically included within the scope of such audit. The

Commission shall reconcile the Tribes quarterly fee assessment

reports made to the NIGC with the annual audit of the Gaming

Operations and shall make such reconciliation available to the

NIGC upon request.

CHAPTER 13. MISCELLANEOUS PROVISIONS

Sec. 1301. Right to Exclude Any Person from Premises at Any

Time Any person may be excluded from the premises for good cause

at any time at the discretion of any Primary Management Official,

General Manager, or other Key Employee.

Sec. 1302. Permissible Alcohol Beverages No person shall

have in his or her possession any alcohol beverages on any

Premises, except for such beverages as are purchased from the

Tribe or its authorized agents for on-sale consumption in

accordance with licensing and other requirements and laws of the

Tribe. Possession and consumption of such beverages to be

confined to such areas as are specifically defined by the BISHOP

INDIAN TRIBAL COUNCIL.

Sec. 1303. Prohibited Substances No person shall have in his

or her possession any substance prohibited by Tribal, federal or

state laws while on any Premises.

Sec. 1304. Persons Under the Influence of Alcohol or

Prohibited Substances No person under the influence of any

alcohol beverage or prohibited substance (unless prescribed) shall

be allowed on any Premises.

Sec. 1305. Firearms No person shall have in his or her

possession any firearm on any Premises. This section shall not

apply to on duty law enforcement officers or security personnel

employed by the Tribes gaming operation. Upon entry to any

Gaming Operation, those carrying firearms shall register them at

the cashiers office on a form prescribed for such purpose.

Sec. 1306. Disorderly Conduct No person shall engage in

conduct which is violent, abusive, indecent, profane, boisterous,

unreasonably loud, or otherwise disorderly under circumstances in

which the conduct tends to cause or provide disturbance on any

Premises.

31
Sec. 1307. Enforcement Any person who violates any of the

above subsections shall be asked to leave the Premises. If any

person so requested to leave refuses to promptly leave the

premises, any of the Tribes authorized law enforcement officers

or security personnel shall be called to escort such person from

the Premises.

Sec. 1308. Transportation Providers No person providing

conveyance on Tribal Lands, or whose destination is Tribal Lands,

shall conduct or permit to be conducted any Class II or Class III

games in such vehicle.

Sec. 1309. Agent for Service of Process The agent for

Service of Process shall be the Tribal Chairperson.

CHAPTER 14. PENALTIES FOR VIOLATIONS

Sec. 1401. Civil Penalties Any person who violates any

provision of this Ordinance, makes any material false or

misleading statements or omissions in any Application filed with

the Commission or Tribe or in connection with any matter provided

for hereunder, or gives false testimony in any matter provided for

hereunder before either the Commission or the BISHOP INDIAN TRIBAL

COUNCIL shall be subject to civil penalties to be imposed by the

BISHOP INDIAN TRIBAL COUNCIL, including suspension and/or

cancellation of any license granted hereunder under the procedures

set forth in Sec. 912, termination, suspension or exclusion from

employment in any Gaming Operations or other employee discipline,

exclusion from attendance at any Gaming Facilities, exclusion from

the Tribes Lands if not a member of the Tribe, and/or a fine of

not more than $500 for each such violation.

Sec. 1402. Applicable Procedures Prior to Penalties Against

Management Contractors. Owners or Controlling Persons. or Tribal

or Management Contractor Employees No penalty shall be imposed

against a party to a Management Contract, an Owner or Controlling

Person, or any employee of the Tribe or of a Management Contractor

(other than the suspension or cancellation of any license granted

hereunder, which are subject to the procedures set forth in Sec.

912) except upon hearing before the Commission, after 10 days

notice of the claimed violation. The time and place of the hearing

shall be posted in the Tribes office, and if time permits, in a

tribal or local newspaper serving the community that may be

32
affected by the penalty. The party against whom or which the

penalty is proposed to be issued, his or her or its attorney and

any person affected by the penalty shall have the right to be

present and to offer sworn oral or documentary evidence relevant

to the violation charged. All decisions of the Commission

regarding penalties against Management Contractors, Owners or

Controlling Persons, and employees of the Tribe or of a Management

Contractor shall be appealable to the BISHOP INDIAN TRIBAL

COUNCIL, who shall hold a hearing within 10 days of receipt of a

request for same no later than ten days following the Commissions

decision. The BISHOP INDIAN TRIBAL COUNCIL decision will be

final.

Sec. 1403. Applicable Procedures Prior to Imposition of

Fines No fine shall be imposed against any person except upon

hearing before the BISHOP INDIAN TRIBAL COUNCIL, after 10 days

notice of the claimed violation. The time and place of the hearing

shall be posted in the Tribes office. The party against whom or

which the fine is proposed to be issued, his or her or its

attorney and any person affected by the fine shall have the right

to be present and to offer sworn oral or documentary evidence

relevant to the violation charged. All decisions of the BISHOP

INDIAN TRIBAL COUNCIL regarding fines shall be final.

Sec. 1404., Notice of Penalties The BISHOP INDIAN TRIBAL

COUNCIL shall post and publish notices of all penalties imposed

hereunder under the same posting and publication procedures

prescribed in Sec. 904.

CHAPTER 15. RESCINDING OF PRIOR ORDINANCES

This ordinance rescinds and nullifies any prior ordinance dealing

with the subject of gaming

CHAPTER 16. EFFECTIVE DATE

This Ordinance shall take effect upon its adoption by a 4 out

of 5 vote of the BISHOP INDIAN TRIBAL COUNCIL at a duly convened

meeting.

Dated: February 9, 19 5 As Amended: June 15, 1995

Certification:

Trib~ hairm~f Date

/ 33