MAR 4 m' 

March 4,2005 

Patricia Hermosillo 

Tribal Chajqmson 

Cloverdale Rancheria of Pomo Indians 

555 S. CIoverdale Blvd., Suite A 

Cloverdale, CA 95425 

Re: Amendments to the Cloverdale Rancheria Tribal Gaming Ordinance 

Dear Chairperson Hermosillo: 

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

Commission (NIGC) to review and approve amendments to the Cloverdale 

Rancheria of Pomo Indians of California Tribal Gaming Odinmce, Resolution 

No. 2004-12-96, approved by the General Council on December 11, 2004. This 

letter constitutes approval of your submission under the Indian Gaming 

Regulatory Act (XGRA). It is important to note that the Gaming Odhance 

amendments are approved for gaming only on Indian lands, as defined in the 

JGRA, over which the Tribe has jurisdiction. 

for review and approval. The NIGC 

the Tribe on future gaming issues. 

Chairman 

HEAWE 144'1 LSt. NW, Suite WOO, Washington. DC U1005 Tel: 202.632.7003 F;a: 202.632.7066 mmn.nw.cw 

- hrdand. OR SmameNo, C4; Phoenix, AZ; St. Paul. MPd; Tuly OK 
> 

Cloverdale Rancheria Of 

Porno Indians 

Of California 

Tribal 

Gaming Ordinance 
Cloverdale Rancheria Tribal Gaming Ordinance 

Method Of Approval 

I. General Council 

April 15,2000: The General Council approved Resolution No. 2000-04-35 which allows 

the Tribal Council to develop and implement the Gaming 

Ordinance on behalf of the Cloverdale Rancheria. 

II. Tribal Council 

May 2,2001: The Tribal Council approved the Cloverdale Rancheria Tribal 

Gaming Ordinance. 

m. National Indian Gaming Commission 

May 9,2001: The Tribal Council forwarded the Cloverdale Rancheria Tribal 

Gaming Ordinance to the National Indian Gaming Commission 

for approval. 

July 3,200 1 : The National Indian Gaming Commission forwarded its 

comments and requested changes to the Cloverdale Rancheria. 

IV. Tribal Council 

April 18,2002: Sent notice to the General Council to review changes of the Cloverdale 

Rancheria Tribal Gaming Ordinance. 

VI. General Council 

May 18,2002: The General Council at a Special called meeting approved the 

Cloverdale Rancheria Tribal Gaming Ordinance. 

VII. National Indian Gaming Commission 

June 4,2002: Received approval of the Cloverdale Rancheria Tribal Gaming 

Ordinance by the National Indian Gaming Commission. 

VIII. Tribal Council 

December 8,2004: The Tribal Council approved the proposed amendments to the 

Tribal Gaming Ordinance. 

IX. General Council 

December 11,2004: The General Council at a Special called meeting approved the 

amendments to the Cloverdale Rancheria Tribal Gaming 

Ordinance. 

X. National Indian Gaming Commission 

: Received approval of the amendments to the Cloverdale 

Rancheria Tribal Gaming Ordinance by the National Indian 

Gaming Commission. 

Amended 12/11/2004 General Council 

Page 2 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

TABLE OF CONTENTS 

Method of Approval 

Section I 

Section I1 

Section I11 

Section IV 

Section V 

Section VI 

Section VII 

Section VIII 

Section TX 

Section X 

Section XI 

Section XI1 

Section XI11 

Section XN 

Section XV 

Section XVI 

Section XVII 

Section XVIII 

Section XIX 

Section XX 

Section XXI 

Section XXII 

Section XXIII 

Section XXIV 

Section XXV 

Section XXVI 

Section XXVII 

Attachment A 

Attachment B 

Attachment C 

Attachment D 

Definitions 

Short Title 

Purpose 

Findings and Policy 

Gaming Authorized , 

Ownership of Gaming Facility 

Use of Gaming Revenue 

Audit 

Protection of the Environment 

Licenses for Key ErnployeesPrimary Management 

Vendor License Permits/Contracts/Agreements 

Licensing of Gaming Places, Facilities 

Creation of Cloverdale Rancheria Tribal Gaming 

Commission 

Conflict of Interest 

Mandatory Duty to Report Theft 

Gaming Observation Systems 

Violations 

Notice of Violation 

Enforcement 

Hearings and Appeals 

Dispute Resolution 

Ejection from Gaming Facility 

Service 

Applicable Law 

Savings Provision 

Amendments 

Repeal 

Resolution No. 2000-04-35 

Results of the ElectiodSpecial Meeting Minutes 

NIGC Approval 

Resolution No. 2004-12-96 

Amended 12/11/2004 General Council 

Page 3 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

I. Definitions 

A. Unless specified otherwise, the terms used herein shall have the same 

meaning as in IGRA, including but not limited to references to "Net 

Revenues" "Class I," "Class 11," and "Class 111," gaming, and except for 

references to "Commissioners," "Commission," or "Gaming Commission" 

which shall mean the Cloverdale Rancheria Tribal Gaming Commission or 

its Commissioners, established and described herein. 

"Closely Associated Independent Contractory' shall mean any 

contractor that shares common ownership, officers or directors 

with any management principal or person related thereto. 

"Gaming" shall mean an activity in which a, person stakes or risks 

something of value on the outcome of a contest including an 

element of chance or a fume contingent event, not under his or her 

control or influence, upon an agreement or understanding that the 

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

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

transactions. 

"Gaming Activities" shall mean any Class I, Class 11, or Class 111 

gaming activity conducted by or under the jurisdiction of the Tribe. 

"Gaming Commission" shall mean the Cloverdale Rancheria 

Tribal Gaming Commission, as established herein, to monitor the 

gaming activities, investigate wrongdoing, conduct background 

investigations, issue licenses, and perform other duties as set forth 

in this Ordinance or that are required for the regulation of gaming 

on tribal lands. 

"Gaming Contractor" shall mean any person or entity that 

supplies gaming devises or other gaming equipment, personnel or 

services (including gaming management or consulting services) to 

any gaming activity or enterprise, except legal or audit services. 

"Gaming Facility" shall mean any gaming business, event, 

enterprise or activity conducted by or under the jurisdiction of the 

Tribe. 

"National Indian Gaming Commission" ('NIGC") shall mean 

the federal gaming regulatory commission established under 

IGRA. 

"Net Revenues" shall mean gross gaming revenues from all 

gaming activities of a Gaming Facility, less amounts paid out as, or 

paid for prizes and less total gaming-related operating expenses, 

excluding management fees, as determined in accordance with 

Generally Accepted Accounting Principals ("GAAP"). 

Amended 12/11/2004 General Council 

Page 4 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

9. "Person" shall mean any natural person or entity, including but 

not limited to any government, except the Tribe, corporations, 

partnerships and trusts or any group or combination acting as a 

unit. 

10. "Related to" shall refer to persons who are related as a father, 

mother, sister, brother, child, step-relative, spouse or domestic 

partner. 

1 1. "State" shall mean the State of California. 

12. "Tribal Council" shall mean the governing body of the Tribe as 

duly elected by the General Council. 

13. "Tribal Court" shall mean any court or entity established or 

designated by the Tribe to hear disputes or, if there is none that can 

exercise jurisdiction, then the Tribal Council. 

14. "Tribal Landsv shall mean all lands within the limits of the 

Cloverdale Rancheria orignal boundaries and; lands over which 

the Cloverdale Rancheria exercise governmental power and; any 

other lands the title to which now or hereafter is either held in trust 

by the United States for the benefit of the Cloverdale Rancheria or 

an individual member held by the Cloverdale Rancheria which are 

subject to restriction gains alienation imposed by the United States. 

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

Cloverdale Rancheria as acknowledged by the Cloverdale 

Rancheria and as recorded on the Tribe's most recent membershp 

records. 

Amended 12/11/2004 General Council 

Page 5 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

11. Short Title 

A. The Cloverdale Rancheria of Porno Indians of California, a federally 

recognized Indian Tribe ("Cloverdale" or "Tribe"), which exercises 

governmental powers over those Indian Lands located within the former 

boundaries of the Cloverdale Rancheria ("Tribal Lands"), and acting 

through its General Council in the exercise of its inherent sovereign power 

to enact Ordinances and otherwise safeguard and provide for the health, 

safety and welfare of the Rancheria and members of the Tribe, hereby 

enacts this Ordinance which shall hereinafter be cited as the "Cloverdale 

Rancheria Tribal Gaming Ordinance". 

Amended 1211 112004 General Council 

Page 6 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

111. Purpose 

A. The Cloverdale Rancheria of Porno Indians of California, as beneficial 

owner of the Cloverdale Rancheria, and acting through its General 

Council in the exercise of its inherent sovereign power to enact 

Ordinances and otherwise safeguard and provide for the health, safety, and 

welfare of the Cloverdale Rancheria and the members of the Cloverdale 

Rancheria, hereby ordains and establishes this Ordinance for the purpose 

of authorizing and comprehensively and preemptively regulating the terms 

conditions under which Class I, Class 11, and Class 111 gaming may be 

conducted within the boundaries or lands under the jurisdiction of the 

Cloverdale Rancheria. 

Amended 12/11/2004 General Council 

Page 7 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

IV. Findings and Policy 

A. The Tribe finds that: 

1. Gaming on its Tribal Lands is a valuable means of generating 

revenues that are needed for economic development, to promote 

tribal self-sufficiency, employment, and a strong Tribal 

Government, and to fimd and ensure essential social programs and 

services; 

2. Cloverdale Rancheria desires to conduct certain forms of gaming 

to provide needed revenues to the Tribe, and to regulate and 

control such gaming in a manner that will protect the environment, 

the Rancheria, the health, security and general welfare of the Tribe, 

the players, employees and the community; and 

3. Cloverdale Rancheria desires to prohibit all gaming on lands 

wihn its jurisdiction except in a Gaming Facility owned and 

operated by the Tribe. Thus, Cloverdale Rancheria shall own all 

gaming on Tribal trust lands and all Tribal Lands within the 

boundaries of the former Rancheria, and shall manage and regulate 

such gaming in a manner that will adequately address such special 

interests and needs of the Tribe. 

4. To accomplish the goals set forth in (1) through (3) 'above, the 

Cloverdale Rancheria desires to establish an independent Tribal 

Gaming Commission, separated completely from the Tribe's role 

as the owner and operator of its Gaming Facility, with the authority 

to regulate all forms of gaming on Cloverdale's Tribal Lands and 

to enforce the provisions of IGRA, this Ordinance, and any 

Compact that may be in effect. 

Amended 12/11/2004 General Council 

Page 8 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

V. Gaming Authorized 

A. Class 11 gaming as defined in the Indian Gaming Regulatory Act, P.L. 

100-447, 25 U.S.C. Section 2703(7)(A) ("IGRA"), and by regulations 

lawfblly promulgated by the National Indian Gaming Commission 

('WIGC") that now or hereafter may be in effect is hereby authorized. 

B. Class 111 gaming as defined in IGRA, 25 U.S.C. Section 2703(8) and by 

regulations promulgated by the NIGC that now or hereafier may be in 

effect is hereby authorized; provided, however, that such gaming is also 

authorized by and consistent with a Tribal-State Compact that has been 

approved by the Secretary of the Interior and is in effect, or otherwise has 

been authorized by the Secretary of the Interior or federal law and is in 

effect. 

C. Traditional Indian Games as defined by the Cloverdale Rancheria General 

Council. (Class I) 

Amended 12/11/2004 General Council 

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Cloverdale Rancheria Tribal Gaming Ordinance 

VI. Ownership of Gaming Facilities and/or Enterprises 

A. The Cloverdale Rancheria of Pomo Indians of California shall have the 

sole proprietary interest in and responsibility for the conduct of any 

gaming facilities andfor enterprise(s) authorized by this Ordinance. 

1. All Gaming Operations of Tribal lands shall be conducted by the 

Cloverdale Rancheria or its management contractors only. 

2. All gaming activities provided for by this Ordinance within the 

lands of the Cloverdale Rancheria shall be conducted in 

conformance with the requirements of this Ordinance, the Indian 

Gaming Regulatory Act, 102 Stat. 2467, 25 U.S.C. Section 2701, 

et sec, as implemented by the regulations, and the provisions of 

any Tribal-State Compact governing Class III gaming on the 

Cloverdale Rancheria Tribal Lands. 

3. Tribal Lands shall mean all lands within the limits of the 

Cloverdale Rancheria original boundaries and; lands over which 

the Cloverdale Rancheria exercise governmental power and; any 

other lands the title to which now or hereafter is either held in trust 

by the United States for the benefit of the Cloverdale Rancheria or 

an individual member held by the Cloverdale Rancheria which are 

subject to restriction against alienation imposed by the United 

States. 

Amended 1211 112004 General Council 

Page 10 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

VII. Use of Gaming Revenue 

A. Except as specifically authorized pursuant to subsection B of this section, 

net revenues fiom Class 11 and Class 111 gaming on the Cloverdale 

Rancheria shall be used only for the following purposes: 

1. Funding of Cloverdale Tribal Government operations and 

programs; 

2. Providing for the general welfare of the Cloverdale Rancheria and 

its members; 

3. Promoting Cloverdale Rancheria's economic development; 

4. Donating to charitable organizations; or 

5. Assisting with funding the operations of local government 

agencies. 

B. If the Cloverdale Rancheria's General Council elects to make per capita 

payments to Cloverdale Tribal Members, it shall authorize such payments 

only in conformity with a plan submitted to and approved by the Secretary 

of the Interior pursuant to 25 U.S.C. Section 2710 (b)(2). 

Except as provided for under the terms of a management agreement or 

financing documents entered into in conformity with IGRA or as 

otherwise permitted by law, all receipts fiom any Class 11 or Class 111 

gaming activities are the property of the Tribe. Any Tribal profits or net 

revenues from Class I1 or Class 111 gaming activities transferred to the 

Tribe by its Tribal Gaming Facility or gaming related activities on a 

monthly basis shall be deposited into the Tribe's general treasury or such 

other tribal account as the Tribe shall determine. Once transferred to the 

Tribe and paid into the treasury, such funds shall lose any identity as 

gaming revenues except to the extent necessary to identify them as such in 

order to comply with applicable law. Payments fiom the general treasury 

funds to Tribal members under other Tribal programs, including those 

related to health, welfare, education, elderly care, and housing, shall not be 

deemed to be per capita payments. 

Amended 1211 112004 General Council 

Page 1 1 of 53 
Cloverdale Rancheria Tribal Gamina Ordinance 

VIII. Audit 

A. The Cloverdale Tribal Council shall cause to be conducted at least 

annually an independent audit of all gaming operations. The Tribal 

Council shall direct and instruct the Gaming Commission to research and 

investigate potential external auditors. Upon the completion of all 

research and investigation, the Gaming Commission shall present thee (3) 

proposals to the Tribal Council. The Tribal Council shall select one (1) 

proposal, and direct the Gaming Commission to hire the selected 

competent and reputable external auditor to conduct an annual 

independent audt of all gaming operations. The resulting audit reports 

shall be distributed to the Tribal Council and the National Indian Gaming 

Commission. The resulting audit reports may be submitted to other 

agencies as may be required by the terms and conditions of any Class Ill 

compact or other document authorizing Class 111 gaming on the 

Cloverdale Rancheria. The Management of the Gaming Facility will 

receive a copy of the Independent Audit with a cover letter from the 

Gaming Commission stating a deadline date to conform to the necessary 

changes recommended by the external auditor. 

B. All gaming-related contracts that result in the purchase of supplies, 

services, or concessions, except contracts for professional legal and 

accounting services, shall.be specifically included within the scope of the 

audit that is described in Subsection A above. 

C. The Gaming Facility shall keep permanent books of account or records, 

including inventory records of gaming supplies, sufficient to establish the 

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

disbursements, and other information required in any financial statement, 

report or other accounting prepared purs&nt to the Act or Chapter I11 in 

Title 25 C.F.R. 

D. No later than the fifteenth (15'~) day of each month, each gaming operator 

shall provide, in a report form prescribed by the Gaming Commission, a 

statement of gross revenues, assessable gross revenue and net revenues 

received or collected at each gaming establishment during the immediate 

preceding month. 

E. All papers, books, and records including computer records of the gaming 

operation relating to licensed gaming activities shall be subject to 

inspection, examination, photocopying, and auditing by the Gaming 

Commission, State Agents and the NIGC's authorized representatives at 

anytime during reasonable hours. All such papers, books and records shall 

be retained not less than seven (7) years. 

Amended 1211 112004 General Council 

Page 12 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

F. The Tribal Council may elect to approve a more efficient method of file 

retention. The files are to be maintained as is for a three (3) year period 

and then converted to the more efficient method provided the Tribal 

Council has approved the method. 

Amended 12/11/2004 General Council 

Page 13 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

IX. Protection of the Environment and Public Health and Safety 

A. Class I1 and Class 111 gaming facilities on the Cloverdale Rancheria shall 

be constructed, maintained and operated in a manner that adequately 

protects the environment and the public health and safety. Unifonn 

Standard Building Codes may be used to assure a facility is constructed 

and maintained in a manner, which compliments the protection of the 

environment and public health and safety. 

B. The Cloverdale Tribal Council shall have the primary responsibility for 

assessing environmental impact of all construction and gaming operations 

through the development of an Environmental Protection Act Program, 

and shall take such measures as it determines may be reasonably necessary 

to mitigate any adverse environmental impacts identified. 

C. The Tribal Council shall develop, create and implement the Cloverdale 

Rancheria Building Standards Ordinance and Environmental Ordinance. 

D. The Management of the Tribal Gaming Enterprise must submit current 

structural plans of the Gaming Facility, noting location of VideoISlot 

machines, Card Tables, and Promotional display areas. If the 

Management decides to alter the current layout of the floor plan, the plans 

must be presented to the Gaming Commission for review and approval 

prior to any alterations includng but not limited to moving of machines, 

adding on rooms, or entertaining various promotional displays. 

Amended 12/11/2004 General Council 

Page 14 of 53 
C l o v e r d a l e R a n c h e r i a Tribal Gaming Ordinance 

X. Licenses for Key Employees and Primary Management Officials 

A. The Gaming Commission or its designated gaming regulatory employees 

shall ensure that the policies and procedures set out in this section are 

implemented with respect to Key Employees and Primary Management 

Officials employed at any Class II andlor Class 11' Gaming Facility 

operated on Tribal lands within the boundaries of the Cloverdale 

Rancheria. 

B. It shall be the responsibility of the Gaming Commission to prepare 

comprehensive regulations that entail procedures to address all issues 

relating to licenses or background investigations. These regulations are to 

be inclusive of all items listed and those that may need to be created to 

respond to issues that have not yet been addressed. This includes 

regulations that address procedures for the documentation of all potential 

problem areas and disqualifying information discovered during a 

background investigation. As well as a regulation that must include 

procedures for the verification of information submitted by Key 

Employees and Primary Management Official applicants. 

C. For the purpose of this section, the following definitions apply: 

1. Key employee means a person who performs one or more of the 

following functions: 

(a) Bingo Caller; 

(b) Count Room Supervisor 

(c) Director of Security 

(d), Cashiers 

(e) Floor Managers 

(f) Pit Boss 

(g) Dealer 

(h) Drop Team Members 

(i) VideoISlot Techcians 

(j) Croupier 

(k) Approver of credit 

(1) Custodian of gaming supplies or cash 

(m) Custodian of gambling devices including persons with 

access to cash and accounting records within such devices. 

(n) If not otherwise included, any other person whose total 

cash compensation is in excess of $50,000 per year; or 

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

compensated persons in the gaming operation. 

$" 

Amended 1211 112004 General Council 

Page 15 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

Primary Management Official means: 

1. The person having management responsibility for a management 

contract; 

2. Any person who has authority to: 

(a) hire and fire employees; or 

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

3. The Chief Financial Officer, or other person who has financial 

management responsibility. 

The following notice shall be placed on the application form of a Key 

Employee or a Primary Management Official before that form is filled out 

by an applicant: 

1. In compliance with the Privacy Act of 1974, the following 

information is provided: Solicitation of the information on th~s 

form is authorized by 25 U.S.C. Section 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 members of the Cloverdale Tribal Council and 

Gaming Commission, as well as appropriate Federal, State, Local 

or foreign law enforcement and regulatory agencies when relevant 

to civil, criminal, or regulatory investigations or prosecutions. 

Further, the information may be disclosed to another federally 

recognized American Indian tribe or the National Indian Gaming 

Commission in connection with the hiring or firing of an employee 

or the issuance or revocation of a gaming license. Failure to 

consent to the disclosures indicated in this notice will result in a 

tribe's being unable to hire you in a Primary Management Official 

or Key Employee position. 

2. The disclosure of your Social Security Number (S SN) is voluntary. 

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

processing your application. 

3. Existing Key Employees and Primary Management Officials shall 

be notified in writing that they shall either: 

(a) Complete a new application form that contains a Privacy 

Act notice; or 

(b) Sign a statement that contains the Privacy Act notice and 

consent to the routine uses described in that notice. 

Amended 12/11/2004 General Council 

Page 16 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

4. The following notice shall be placed on the application form for a 

Key Employee or a Primary Official before that form is filled out 

by an applicant: 

(a) 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. Section 1001). 

5. The Gaming Commission shall notify in writing existing Key 

Employees and Primary Management Officials that they shall 

either: 

(a) Complete a new application form that contains a notice 

regarding false statements; or 

(b) Sign a statement that contains the notice regarding false 

statements. 

F. Through the Background Investigations of the Gaming Commission shall 

request fi-om each Primary Management Official and fiom each Key 

Employee all of the following information: 

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; 

Currently and for the previous five years: all business and 

employment positions held, ownership interests in those 

businesses, business and residence addresses, and drivers license 

numbers; 

The names and current addresses of at least three personal 

references, including one personal reference who were acquainted 

with the applicant during each period of residence listed under 

paragraph (2) of this Subsection; 

Current business and residence telephone numbers; 

A description of any existing and previous business relationships 

with the Cloverdale Rancheria or any other Indian Tribe, including 

ownership interests in those businesses; 

A description of any existing and previous business relationships 

with the gaming industry generally, including ownership interests 

in those businesses; 

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; 

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

conviction, the charge, the name and address of the court involved, 

and the date and disposition if any; 

Amended 1211 112004 General Council 

Page 17 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

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 the paragraph (8) or (9) of this Subsection, the 

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

the date and disposition; 

11. 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; 

12. A current photograph; 

13. Any other information the Gaming Commission may deem 

relevant under the circumstances; and 

14. Fingerprint cards of the applicant will be taken by the Cloverdale 

Rancheria Tribal Gaming Commission and forwarded to the 

National Indlan Gaming Commission. The National Indian 

Gaming Commission will forward the fingerprint cards to the 

Federal Bureau of Investigations for criminal history records of the 

individual as stated in terms listed in a Memorandum of 

Understanding between the Cloverdale Rancheria and the National 

Indian Gaming Commission. A criminal history check will include 

a check of criminal history records information (CHRI) maintained 

by the Federal Bureau of Investigation in accordance with 25 

C.F.R. Section 522.20. 

G. The Gaming Commission shall conduct an investigation sufficient to make 

a determination under Subsection H, below. In conducting a background 

investigation, the Gaming Commission shall keep confidential the identity 

of each person interviewed in the course of the investigation, unless 

legally compelled to disclose this information. 

H. Eligibility Determination 

1. The Gaming Commission shall review an applicant's prior 

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

associations to make a finding concerning the eligibility of a Key 

Employee or Primary Management Official for employment in a 

Gaming Facility. If the Gaming Commission determines that 

employment of the person poses a threat to the public interest or to 

the effective regulation of gaming, or creates or enhances dangers 

of unsuitable, unfair, or illegal practices and methods and activities 

in the conduct of gaming, the gaming operation or management 

Amended 1211 112004 General Council 

Page 18 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

contractor shall not employ that person in a Key Employee or 

Primary Management Official position. 

2. The Gaming Commission may issue or renew a gaming license to 

' an applicant who submits a proper and completed application and 

pays the appropriate annual license fee, provided that the Gaming 

Commission determines that the applicant: 

(a) is not a minor; 

(b) is a person of good character, honest and integrity; 

(c) has no prior activities, criminal record, reputation, habits 

and associations which pose a threat to the public interest 

or the interest of the Cloverdale Rancheria or to the 

effective regulation and control of gaming, or create or 

enhance the dangers of unsuitable, unfair, or illegal 

practices, methods and activities in the conduct of gaming 

or the carrying in if the business and financial arrangements 

incidental to the conduct of gaming; 

(d) is a person who has been convicted, or is known but has not 

been convicted of violent sexual acts against women or 

children 

(e) has not supplied false and/or misleading information or 

who has not omitted material information require under this 

Ordinance, the Act, and 25 C.F.R. Chapter 111; 

(f) has not had, or is not in privity with anyone who has had, a 

gaming license revoked for cause in any jurisdiction since 

the effective date of the Act; 

(g) has complied with this Ordinance or any resolution adopted 

or any regulation implemented by the Gaming 

Commission; 

(h) does not occupy a competing position in the employ of 

another Tribe within a twenty (20) mile radius of any Tribal 

Gaming Operation; and 

(i) does not violate any of the requirements set forth in 25 

U.S.C. Section 271 1 (a) and (e). 

3. The Gaming Commission shall make the final decision as to 

whether a gaming license shall be issued, suspended or revoked. 

4. Until authorized by a Tribal-State Compact, no gaming license 

shall be issued by the Gaming Commission for Class 111 Gaming. 

Amended 12/11/2004 General Council 

Page 19 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

National Indian Gaming Commission Reports and Applications 

1. When a Primary Management or a Key Employee begins work at 

the gaming operation authorized by this Gaming Ordinance, the 

Gaming Commission shall forward to the National Indian Gaming 

Commission a completed application for employment that contains 

the notices and information listed in Subsection E and F of th~s 

Section. The Gaming Commission will conduct the background 

investigation and make the eligibility determination referred to in 

Subsections F through H of this Section. 

2. Upon completion of the above, the Gaming Commission shall 

forward an investigative report as set forth in Subsection J of this 

Section to the National Indian Gaming Commission within 60 days 

after an employee begins work or within 60 days after the approval 

of this Gaming Ordinance by the Chairperson of the National 

Indian Gaming Commission. 

3. The Gaming Operation shall not employ a person as a Key 

Employee or Primary Management Official who does not have a 

permanent license after 90 days. 

Investigative Report 

1. Pursuant to the procedures set out in Subsection I of this Section, 

the Gaming Commission shall prepare and forward to the National 

Indian Gaming Commission an investigative report on each 

background investigation. 

2. An investigative report shall include all of the following: 

(a) Steps taken in conducting the background investigation 

(b) Results obtained 

(c) Conclusions reached; and 

(d) The basis for those conclusions. 

3. The Gaming Commission shall submit, with the report, a copy of 

the eligibility determination made under Subsection H of this 

Section. 

4. If a license is not issued to an applicant, the Gaming Commission: 

(a) Shall notify the National Indian Gaming Commission; and 

(b) May forward copies of its eligibility determination and 

investigative report (if any) to the National Indian Gaming 

Commission for inclusion in the Indian Gaming Individuals 

Records System. 

5. With respect to Key Employees and Primary Management 

Officials, the Gaming Commission shall retain applications for 

employment and reports (if any) of background investigations for 

inspection by the Chairperson of the National Indian Gaming 

Commission or his or her designee for no less than three (3) years 

from the date of termination or denial of employment. 

Amended 12/11/2004 General Council 

Page 20 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

K. Granting a Temporary Gaming License 

1. When the Gaming Facility proposes to hire a new employee, the 

Gaming Facility shall submit applications of proposed employees 

with the designated fees to the Gaming Commission. 

2. The Gaming Commission shall then run the initial background 

investigation of prospective employees. If the initial investigation 

is satisfactory, the Gaming Commission shall inform the Gaming 

Facility. 

3. The Gaming Facility shall then have the prospective employee 

submit to a drug test, and provided that the results are satisfactory, 

the prospective employee shall set a time to meet with the Gaming 

Commission. 

4. Once the prospective employee sets a time for meeting with the 

Gaming Commission, the Gaming Commission may then issue a 

Temporary Gaming License. 

5. If the preliminary background investigation is not satisfactory, the 

Gaming Commission may elect not to issue a Temporary Gaming 

License. If this is done, the prospective employee will be denied 

the issuance of a Temporary Gaming License. 

6. The Gaming Commission shall act promptly as to issuing a 

Temporary Gaming License. 

L. Withdrawal of Temporary Gaming License Issuance 

1. If, during the initial background investigation, the Gaming 

Commission finds that an employee is unsuitable for a gaming 

license, a Temporary Gaming License previously issued may be 

withdrawn. 

2. Written notice that a Temporary Gaming License has been 

withdrawn shall be provided to the employee and the General 

Manager of the Gaming Facility by the Gaming Commission. 

3. A decision by the Gaming Commission to withdraw a Temporary 

Gaming License is final and unreviewable. 

M. Granting a Gaming License 

1. If, within a thirty (30) day period after the National Indian Gaming 

Commission receives a report, the National Indian Gaming 

Commission notifies the Gaming Commission that it has no 

objection to the issuance of a license pursuant to a license 

application filed by a Key Employee or a Primary Management 

Official for whom the Gaming Commission has provided an 

application and investigative report to the National Indian Gaming 

Amended 1211 112004 General Council 

Page 21 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

Commission, the Gaming Commission may issue a license to such 

an applicant. 

2. The Gaming Commission shall respond to a request for additional 

information fiom the Chairperson of the National Indian Gaming 

Commission concerning a Key Employee or a Primary 

Management Official who is the subject of a report. Such a 

request shall suspend the 30-day period under Subsection M of this 

Section until the Chairperson of the National Indian Gaming 

Commission receives the additional information. 

3. If, within the thirty (30) day period described above, the National 

Indian Gafning Commission provides the Gaming Commission 

with a statement itemizing its objections(s) to the issuance of a 

license to a Key Employee or to a Primary Management Official 

for whom the Cloverdale Rancheria has provided an application 

and investigative report to the National Indian Gaming 

Commission, the Gaming Commission shall reconsider the 

application, taking into account the objection(s) itemized by the 

National Indian Gaming Commission. The Gaming Commission 

shall make the final decision whether to issue a license to such an 

applicant. 

N. License Suspension 

1. If, after the issuance of a gaming license, the Gaming Commission 

receives from the National Indian Gaming Commission reliable 

information indicating that a Key Employee or a Primary 

Management Official is not eligible for employment under 

Subsection M above, the Gaming Commission shall suspend such 

license and shall notify in writing the licensee of the suspension 

and the proposed revocation. The Gaming Commission shall 

notify the licensee of a time and a place for a hearing on the 

proposed revocation of a license. After a revocation hearing, the 

Gaming Commission shall decide whether to revoke or to reinstate 

a gaming license. The Gaming Commission notifies the National 

Indian Gaming Commission of its decision. 

0. Gaming License Fees 

1. All fees for gaming licenses shall be set at the discretion of the 

Gaming Commission. The Gaming Commission reserves the right 

to change gaming license fees at anytime for any license type or 

class. If the cost of an investigation exceeds the license fee 

established, the Gaming Commission also reserves the right to 

request payment of any additional expenses incurred. All 

applicants must promptly comply with any requests fkom the 

Amended 12/11/2004 General Council 

Page 22 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

Gaming Commission to provide a deposit sufficient to cover the 

estimated cost of the background investigation and processing. 

P. Classes and Types of Licenses Issued 

1. Employee Licenses 

(a) Class A: Key Gaming Employee License 

(b) Class B: Non-Key Gaming Employee License 

(c) Class C: Primary Management 

2. Vendor Permit Licenses 

(a) Class I: Businesses 

(b) Class II Principals 

(c) Class 111 Consultants 

Q. Eligibility Requirements 

1. All Classes and Types of Licenses issued as stated in Subsection N 

are subjected to Section X Licenses for Key Employees and 

Primary Management Officials. 

2. The Commission will create a regulation, which will set the 

process of applications, background checks and license fees. 

R. Tribal Council Review 

1. The Gaming Commission must receive Tribal Council approvals 

on the following individuals prior to the commencement of a 

background investigation: 

(a) Human Resource Director 

(b) Chief Financial Director/Controller 

(c) MarketingIPromotion Director 

(d) Security Director 

(e) Gaming Operations Director 

(f) Personnel not specifically listed herein who hold 

Managerial positions at the Director level or higher. 

2. The positions/personnel listed herein must be interviewed by the 

Tribal Council prior to selection. After the Tribal Council reviews 

the applicant, the Tribal Council may either forward a letter of 

approval to the Commission authorizing the background process to 

begin or a letter to the General Manager declining the applicant. 

Amended 12/11/2004 General Council 

Page 23 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

S. Tribal Council Backgrounds 

1. The Gaming Commission is required to conduct discrete 

background investigations upon the Tribal Council. The 

Commission must conduct the background investigation at the 

level of Primary Management. (Class C) 

2. Through the course and outcome of the background investigation, 

the Gaming Commission does not have the authority to alter or 

take away from the authorities, duties and powers of the Tribal 

Council, as granted by the General Council or Constitution. 

T. Finger Prints 

1. The Gaming Commission shall be responsible in designating 

specific individuals within the Gaming Commission Background 

Investigation Department to attend a fingerprinting course 

conducted by a law enforcement agency. 

2. The specific individuals, once certified to take fingerprint cards, 

may begin taking fingerprint cards for the Tribe. 

3. The Gaming Commission may then send the fingerprint cards 

directly to the National Indian Gaming Commission. 

Amended 12/11/2004 General Council 

Page 24 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

XI. Vendor License Permits/Contracts/Agreements 

A. The Gaming Commission shall review prospective Vendor backgrounds 

and contracts/agreements before issuing a Vendor License Permit or 

approving a contract between the Cloverdale Rancheria and the 

prospective vendor. A Vendor must have a Vendor License Permit and a 

contract, which complies with the Gaming Commission Certification 

Process, &om the Gaming Commission before commencing work on the 

Cloverdale Rancheria for any gaming related activity. Eligibility 

Determination shall be as defined in Section X, Subsection H. 

B. Any Vendor or prospective Vendor that has or wishes to provide services 

or goods for any gaming related activity must complete an application for 

a Vendor License Permit and submit the application and required fees to 

the Gaming Commission in accordance with the policies and procedures 

of the Gaming Commission. 

C. The Gaming Commission shall create regulations that define how 

prospective Vendors obtain licenses. The regulations shall be consistent 

with this Ordinance, Federal policies, regulations, and procedures and 

applicable State policies, regulations, or procedures. 

Certification Process of the Gaming Commission is to ensure that the 

Gaming Facility/Enterprise cannot or does not enter into a contract with a 

prospective Vendor unless the prospective Vendor has been licensed by 

the Cloverdale Rancheria Tribal Gaming Commission. If, however, a 

Vendor has a current license fiom the Cloverdale Rancheria Tribal 

Gaming Commission that is valid, the Gaming FacilityEnterprise need not 

obtain further Gaming Commission approvals of subsequent contracts 

unless said contracts exceed $10,000.00 or require any form of a waiver of 

sovereign immunity. 

At minimum the Certification Process will include regulations, policies 

andlor procedures to address the following: Tribal Attorney and Tribal 

Council review and approvals; Gaming Commission certification that 

approvals have been granted; Reviews and approvals of the limited waiver 

of sovereign immunity on a case-by-case basis as deemed necessary; 

Proposed Vendor submission of all requested documents to ensure a 

comprehensive background; Certification of receipt of all fees and the 

issuance of a Vendor License Permit prior to the signing of any contract 

with proposed Vendors. 

Amended 12/11/2004 General Council 

Page 25 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

XII. Licensing of Gaming Places, Facilities and Locations 

A. A separate license shall be required for each place, facility, or location on 

Tribal Lands where Class I1 andlor Class 111 gaming is to be conducted on 

the Cloverdale Rancheria. Before Class I1 or Class 111 gaming activities 

can be conducted therein, the Gaming Commission shall inspect and 

license each facility in accordance with this Ordinance and any 

requirements of IGRA and the Compact. In issuing the license, the 

Commission shall determine whether the facility is safe for human 

occupancy, including, but not limited to, finding that the facility meets all 

Federal OSHA and applicable uniform building code, health, and safety 

code requirements. 

B. Nothing in this Ordinance shall prevent the Tribe, through its General 

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

Tribal Corporations, so long as the Tribal Gaming Facilities to which such 

authority is delegated agree to meet all criteria and requirements 

established under this Ordinance. 

Gaming permitted as licensed, except to the extent authorized by an 

agreement pursuant to the provisions of IGRA or as otherwise permitted 

by law, gaming activities shall only be conducted in tribally owned, 

operated and licensed facilities pursuant to the provisions of the 

Ordinance. Such activities shall be conducted in accordance with the 

terms and conditions of any license issued by the Gaming Commission for 

such purposes as to each facility before any gaming activities may occur 

herein. Such licenses shall specify the hours of operation, type and scope 

of gaming activities allowed therein, permitted uses of the facility for 

other activities, rules of conduct for employees and patrons, regulation of 

alcoholic beverages, food handling and entertainment, and such other 

matters as the Gaming Commission may deem necessary to the conduct of 

gaming activities therein or the Compact may require. 

Amended 12/11/2004 General Council 

Page 26 of 53 
Cloverdale Rancheria Tribal Gaminp Ordinance 

XIII. Creation of the Cloverdale Rancheria Tribal Gaming Commission 

A. The Cloverdale Rancheria Tribal Gaming Commission shall consist of (3) 

three persons who would themselves qualify for a Class C license under 

this Ordinance. 

B. The Cloverdale Rancheria Tribal Council shall open the positions through 

two phases. The first phase shall open the positions of Commissioners to 

the Cloverdale Rancheria General Membership. The second phase will 

open the unfilled Commissioner positions to non-members, 

1. Qualifications 

(a) High School Diploma, GED, or equivalent. 

(b) Must have knowledge of Gaming Industry and willing to 

train for this position. 

(c) Written and oral communication skills. 

(d) Willing to travel and be available for training. 

(e) Professional attire is a requirement. 

(f) Must have the ability to work with staff, Tribal, Federal, 

State, and Local Agencies. 

(g) Must be available during Casino working hours. 

(h) Must be able to pass a drug test. 

2. Disqualifications 

The following persons may not serve as Commissioners: 

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

(b) Persons related to any Gaming Contractor (including any 

principal thereof or closely associated independent 

contractor); 

(c) Member of the Tribal Council; and 

(d) Any person who cannot satisfy the licensing requirement 

for a Primary Management Official (Class C). 

3. Selection Process 

(a) Job postings shall be advertised for a fourteen (14) day 

period: 

(1) Notice mailed to the Cloverdale Rancheria General 

Council. 

(2) Job posting in the local newspaper as defined by the 

Tribal Council. 

(b) The Tribal Council will close the acceptance of 

applications thirty (30) days after the last day posted. 

(c) The Tribal Council will review the applications through 

two (2) Tribal Council Meetings. 

(d) The Tribal Council shall select ten (10) applicants. 

Amended 1211 112004 General Council 

Page 27 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

The ten (10) applicants shall submit to a background 

investigation as conducted by the Tribal Council. 

The Tribal Council shall complete the interview process 

within fourteen (14) days. 

At the completion of the interview process, the Tribal 

Council shall take into consideration the results of the 

background investigation, to ensure all applicants are 

eligible to proceed. For those applicants that the Tribal 

Council find do not fulfill the requirements set forth in the 

Ordinance, the Tribal Council shall notify the applicant that 

they did not fhlfill the requirements of licensure. The 

remaining applicants shall proceed to the next stage of the 

process. 

The Tribal Council shall select five (5) applicants within 

seven (7) days of the completion of the interviews. 

The Tribal Council shall rank the file (5) applicants in 

order. 

The Tribal Council will notify the top three (3) applicants 

of their selection for hire. 

The two remaining applicants shall serve, as alternates in 

the event one of the three selected Commissioners are 

unable to fill the positions. 

This position shall remain the same when a Commissioner 

position becomes vacant and the position must be filled. 

)ensation 

Employed Commissioners are placed on a ninety (90) day 

probationary period as defined within the Cloverdale 

Rancheria Tribal Administration Policies and Procedures. 

Commissioners that pass the probationary period are 

entitled to benefits to include Dental, Medical, and Vision 

to be compensated by the Cloverdale Rancheria Tribal 

Administration. 

The Commissioners salaries shall be set by the Cloverdale 

Rancheria Tribal Council in comparison to that of other 

Tribal Regulatory Agencies, with consideration of facility 

size, employees, vendors, duties, responsibilities, and 

authorities. 

The Commissioners are covered by the policies and 

procedures set in place by the Cloverdale Rancheria Tribal 

Council. This includes salary changes, performance 

reviews/evaluations, and disciplinary actions. This option 

or sections may be delegated to the Gaming Commission 

upon approval of the Cloverdale Rancheria Tribal Council. 

The Tribal Council will select the Chairperson of the Tribal 

Gaming Commission. 

Amended 12/11/2004 General Council 

Page 28 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

5. Removal 

(a) The Commissioners are hired and employed by the 

Cloverdale Rancheria Tribal Council, their resignation, or 

termination shall be conducted in accordance with the 

policies and procedures set forth by the Cloverdale 

Rancheria Tribal Council. In the event of termination or 

resignation the position that is vacated shall follow the 

provisions set forth in Section XIII. 

6. Authorities 

(a) The Gaming Commission shall be authorized and is hereby 

directed to promulgate, subject to review and approval by 

the Tribal ,Council, detailed and comprehensive regulations. 

Said regulations shall describe and establish the rules for 

each specific Class 11 and Class III gaming activity that 

may be conducted on the Rancheria without prior approval 

by the Gaming Commission. Pending approval of the 

Gaming Commission regulations by the Tribal Council, 

interim regulations that the Tribe may adopt shall govern 

gaming on the Cloverdale Rancheria. The Gaming 

Commission shall create and implement a comprehensive 

Minimum Internal Control Standards on behalf of the 

Cloverdale Rancheria. 

(b) The Gaming Commission shall have the power and 

responsibility to: 

(1) enforce and administer provisions of this 

Ordinance; 

(2) investigate any suspicion of wrongdoing in 

connection with any gaming activities; 

(3) issue and renew gaming licenses as provided in this 

Ordinance and in any regulation, which may be 

promulgated by the Gaming Commission; 

(4) revoke, suspend, or condition a gaming license or 

deny an application for a license for violation of 

applicable law or Ordinance regulating gaming, or 

conviction of any offense involving a gaming 

related crime or moral turpitude; 

(5) collect fees and interest as provided for in this 

Ordinance; 

(6) assess and collect penalties provided for in this 

Ordinance; 

(7) adjust the respective amounts of the license fee, 

provided that such fees shall not be increased 

retroactively; 

3 

Amended 1211 112004 General Council 

Page 29 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

audit or cause to audit expenditures, receipts and 

reports of licensee responsible for managing a 

Tribally-Owned Gaming Facility; 

review on demand, such books and records and 

inspect the premises and operation of licenses as 

deems necessary for the enforcement of this 

Ordinance; 

supervise, operate and maintain gaming observation 

systems in coordination with Tribal PoliceITribal or 

Casino Security Department; 

draw up such forms, as it deems necessary; 

institute such legal proceedings in the name of the 

Cloverdale Rancheria in a court of competent 

jurisdiction, as it deems necessary for the 

enforcement of this Ordinance; 

conduct hearings provided for in this Ordinance; 

deposit all fees, penalties, and interest collected 

under authority of this Ordinance into an account to 

the credit of the Tribe; 

maintain a correct and full accounting of all fees, 

penalties, and interest received under authority of 

this Ordinance, and provide a monthly record of 

that accounting; and 

implement and administer a system for 

investigating, licensing and monitoring employees 

and other connected with gaming activities, as 

described; 

hear patron complaints against the Gaming Facility, 

in accordance with the procedures established in 

this Ordinance; 

to the extent required, comply with any reporting 

requirements established under a Tribal-State 

compact to which the Tribe is a party and other 

applicable law, including the IGRA; 

levy or issue fees on applicants for gaming licenses 

to cover the cost of conducting background 

investigations, issuing gaming licenses to persons 

engaged or wishing to engage in gaming activities 

on the Rancheria; and 

levy fines, suspend, or revoke gaming license for 

violations of this Ordinance or the Tribal Gaming 

Commission regulations; 

certify compliance with building safety standards 

adopted by the Tribe; 

take such other actions, issue such orders, and 

promulgate such regulations, as the Gaming 

I 

Arne ded 12/11/2004 t General Council 

Page 30 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

Commission may deem necessary to properly and 

fully perform its duties and responsibilities under 

this Ordinance; 

(23) possess all necessary authority to fulfill the 

functions required by a Class I11 Tribal-State 

Compact entered into between the Tribe and the 

State of California. 

(c) The Gaming Commission, acting wholly independent fiom 

the Tribal Council, is hereby designated as Cloverdale 

Rancheria's regulatory agency with full authority to 

monitor compliance with this Ordinance and its 

Regulations, and to investigate and act to prevent any 

violation(s) thereof. 

(d) Subject to its appropriation of funds therefore, the Gaming 

Commission shall be authorized to employ such staff, as it 

deems necessary to fulfill its responsibilities under this 

Ordinance. Compensation of commission employees shall 

be limited to that which is comparable to compensation 

paid to person performing similar duties in other 

governmental gaming regulatory agencies. 

(e) To ensure the Cloverdale Rancheria's regulatory body is 

able to cany out its obligations to the Tribe, there shall be a 

clear division between the Gaming Commission and the 

Gaming Facility. The Tribe will be ultimately responsible 

for providing the h&ng necessary to operate the Gaming 

Commission. To fund same, the Tribe will impose a 

Regulatory Tax on the Gaming FacilityIEnterprise. The 

Tribe shall issue funding to the Gaming Commission based 

upon an approved Budget. The Tribal Council, upon 

receipt of a budget from the Gaming Commission, shall 

review the budget, make necessary adjustments and 

approve the Commission Budget. At a duly called Tribal 

Council meeting a quorum of three (3) Tribal Council 

members must be present to approve the budget. Upon 

approval of the budget, the Cloverdale Rancheria Tribal 

Council will designate the manner in which the allocated 

hds are to be distributed to the Gaming Commission. 

The allocated hnds are utilized to open a checking account 

with four (4) check signers; (2) Tribal Gaming 

Commissioners and (2) Tribal Council members. Each 

check must have the signature of one (1) Commissioner 

and one (1) Tribal Council member. Any additional 

funding requested will be deposited directly into the Tribal 

Gaming Commission Account. 

Amended 1211 112004 General Council 

Page 3 1 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

(f) The manner prescribed will allow the Cloverdale Tribal 

Council access to the allocated funds at all times. The 

allocated funds are to be used at the discretion of the 

Gaming Commission, in accordance with an approved 

budget. The allocated funds are to be used for all 

departments of the Gaming Commission. Note the Gaming 

Commission is required to submit quarterly reports of 

expenditure to the Tribal Council. The Tribal Council may 

at any time request a full report of budget and expenditures 

beyond the quarterly requirements. 

(g) If the Gaming Facility does not adhere to the directions 

listed within this Ordinance then the Gaming Commission 

may take necessary action as defined within this Gaming 

Ordinance. 

(h) The Gaming Commission hereby is authorized to establish 

and impose upon gaming facilities, permitted, applicants, 

and licenses such application, permit and license fees as 

may be necessary to hlly reimburse the Cloverdale Tribal 

Council for its actual cost of operating the Gaming 

Commission. All such fees shall be collected by the 

Gaming Commission and hereby are continuously 

appropriated solely for the purposes enumerated in this 

Subsection. 

(i) Failure to timely pay any gaming-related fee imposed by 

the Cloverdale Gaming Commission, or to comply with any 

Commission regulation or order, or any other violation of 

this Ordinance or the terms of any Class 111 gaming 

compact authorizing and regulating gaming on the 

Cloverdale Rancheria, shall be grounds for suspension or 

revocation of any license or permit issued pursuant to this 

Ordinance, exclusion of any non-member from the 

Cloverdale Rancheria, and imposition of such other 

sanctions as the Gaming Commission may deem 

appropriate. 

7. ApprovalsIAdop tions 

(a) When the Tribal Gaming Commissioners are required to 

approve or adopt documents, the following must exist: 

(1) Quorum of three (3) members of the Commission 

shall constitute a quorum. 

(2) All voting actions of the Commission shall be taken 

by a majority vote of those members present at the 

meeting. The Commission Chairperson may vote 

on any issue. 

Amended 12/11/2004 General Council 

Page 32 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

(3) Meetings location, day, time shall be established by 

the Commission. Notice of a special meeting shall 

be given in writing to each Commissioner, served 

by first class mail or personal delivery at least five 

(5) business days before such meeting. Meetings 

may be called at any time, by any means, with 

unanimous consent of the Commissioners. 

Amended 12/11/2004 General Council 

Page 33 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

XIV. Conflict of Interest 

A. Where any investigation by the Commission (whether investigation of 

suspected violation of applicable law or regulation by the Gaming Facility 

andlor its employees, background investigations for licenses, or other 

suitability determination) involves a member of the immediate family (i.e. 

father, mother, sister, brother, husband, wife, child or step relative), of any 

member of the Commission or Commission staff including Investigators, 

or anyone with whom such Commissioner or staff member shares a 

financial interest in a business, property or other investment, such 

Commissioner or staff member shall immediately excuse himlherself from 

any such investigation and shall be denied access to the documents, files, 

and other information that are used in the investigation. A failure to 

excuse oneself on the part of a Commissioner shall be grounds for 

disciplinary actions by the Tribal Council, and any such failure on the part 

of any staff member, shall be grounds for suspension or termination. The 

Commission may adopt regulations regulating the conduct of 

Commissioners and further defining what constitutes a conflict of interest 

under this Ordinance provided that the regulations are consistent with the 

provision of this section. 

Amended 1211 112004 General Council 

Page 34 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

XV. Mandatory Duty to Report Theft 

A. Whenever the Gaming Commission knows or has probable cause to 

believe, based upon reliable information, that a theft or embezzlement 

("theft") of Gaming Facility funds has occurred, the Commission shall 

immediately notify the Tribal Council, and the General Manager, or, in the 

even that the suspect is the General Manager, the Tribal Council shall be 

notified, that such conduct has been committed and shall immediately 

report the theft and file a complaint with the appropriate law enforcement 

agency (i.e., Federal Bureau of Investigation, Bureau of Indian Affairs 

Special Officer, Tribal Police Officer, Sonoma County Sheriffs 

Department). 

Amended 12/11/2004 General Council 

Page 35 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

XVI. Gaming Observation Systems 

A. The Gaming Commission shall install, operate and maintain adequate 

observation systems to assure the security of the gaming operations. 

B. The Gaming Commission shall provide adequate staff of observation 

personnel to maintain 24-hour observation in coordination with the Tribal 

Police or Casino Security Department. 

C. The Gaming Commission Observation Staff will meet NIGC security 

clearances and will be required to have completed adequate investigative 

training commensurate with their responsibilities. 

D. The Observation Staff are employed and directly supervised by the 

Gaming Commission, but will work cooperatively with Tribal Police or 

Casino Security Department. 

Amended 1211 112004 General Council 

Page 36 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

XVII. Violations 

A. No person shall operate or conduct any gaming activity in a Gaming 

Facility within the boundaries of Tribal Lands without a gaming license 

issued by the Gaming Commission as required by this Ordinance. 

B. No person shall knowingly submit false or misleading information to the 

NTGC or the Tribe in response to any provision of the IGRA, Chapter 111 

in Title 25 C.F.R. or a Tribal Ordinance or resolution that the Chairperson 

has approved under parts 522 or 523 in Title 25 C.F.R. 

C. No management contract shall fail to account fully for' all monies received 

or collected in connection with gaming activities or to file any report 

required by management contract. 

D. A Gaming Facility shall not refuse to allow an authorized representative of 

the NTGC or an authorized Tribal Official to enter or inspect a Gaming 

Facility in violation of 25 C.F.R. Section 571 or Section 571.6 or of a 

Tribal Ordinance or resolution approved by the Chairperson under parts 

522 in Title 25 C.F.R. 

E. No person under the age of eighteen (18) years shall be employed by a 

Gaming Facility or shall otherwise be permitted to participate in any 

gaming activities. 

F. No person shall engage in cheating, operating, or playing in a manner 

which is in violation of the written or commonly understood rules of the 

game, with the intent to create for himselfierself or someone in privity 

with hidher an advantage over and above the chance of gaming, in any 

gaming activity or engage in any fraudulent conduct affecting either the 

Tribe or a customer of a gaming operation. 

G. No person, other than an officer of the Sonoma County Sheriffs 

Department, Cloverdale City Police, Federal Law Enforcement Agency or 

Law Enforcement of the Tribal PoliceISecurity Department, may enter or 

remain in a gaming establishment licensed under this Ordinance while in 

the possession of a firearm or other weapon. 

H. Any person who is in privity with a person who violates this Ordinance 

shall be deemed to be in violation of the Ordinance to the same extent as 

the violator, and shall be treated accordingly. 

I. No person, whether playing in or conducting any gaming activity 

authorized under this Ordinance, shall: 

1. use bogus or counterfeit cards, or substitute or use any game cards 

that have been tampered with; 

Amended 1211 112004 General Council 

Page 37 of 53 
Cloverdale Rancheria Tribal Gaming Ordinance 

2. employ or have on one's person any cheating device to facilitate 

cheating in any gaming activity; or 

3. knowingly cause, aid, abet or conspire with another person or 

cause any person to violate any provision of this Ordinance or any 

rule adopted under this Ordinance. 

J. A Gaming Facility shall be constructed, maintained, and operated in a 

manner that does not threaten the environment or the public health and 

safety. 

K. Alcohol, which is not for sale by the licensee to customers, andlor 

controlled substances are not to be brought into the Gaming Facility. 

L. Drugs, are not to be brought onto the premises of the Gaming Facility or 

its grounds, all persons involved will be found in violation of this 

Ordinance and will be treated in the manner prescribed within this Gaming 

Ordinance. An exception will be made at the discretion of the Gaming 

Commission, provided the person has a doctor's prescription. 

M. If Management fails to correct violations within the time permitted in a 

notice of violation issued by the National Indian Gaming Commission or 

within fifteen (15) calendar days afier the Gaming Commission provides 

notice of a violation, such failure shall be deemed as further violation by 

the Management. 

N. The Gaming Commission cannot foresee or anticipate any and all 

violations. The Gaming Commission reserves the right to take action, 

issue orders and promulgate such regulations, as the Gaming Commission 

may deem necessary to properly and fully protect the integrity of the 

Cloverdale Rancheria or its gaming facility. 

, 

Amended 12/11/2004 General Council 

Page 38 of 53 
Cloverdale Raitcheria Tribal Gaming Ordinance 

XVIII. Notice of Violation 

A. The Gaming Commission may issue a notice of violation to any person for 

violation of any provision of this Ordinance. 

1. Notice of Violation shall contain: 

(a) a citation to the Ordinance provision that has been or is 

being violated; 

(b) a description of the circumstances surrounding the 

evolution set forth in common and concise language; 

(c) measures required to correct the violation; 

(d) a statement that the violation must be corrected within five 

calendar days fiom the date the notice was issued; 

(e) a statement of the alleged violator's rights of appeal; and 

the amount of civil fines that the alleged violator must pay 

pursuant to Section XX. 

2. In issuing a Notice of Violation under this Ordinance the Gaming 

Commission may: 

(a) impose a civil fine not to exceed five hundred ($500.00) 

dollars for each violation and, if such violation is a 

continuing one for each day, that the violation occurs; 

andlor 

(b) impose a penalty of one hundred ($100.00) dollars per day 

or failure to submit to the Gaming Commission any report 

required under this Ordinance when it is due, and one 

thousand ($1,000.00) dollars per day for failure to file any 

such report after three-day notice and demand. 

3. The Gaming Commission shall review each notice of violation to 

determine whether a civil fine will be assessed, the amount of the 

fine and, in the case of continuing violation, whether such daily 

violation will be deemed a separate violation for purposes of the 

total civil fine assessed. 

(a) Within five (5) calendar days after service of a notice of 

violation, the alleged violator shall submit written 

information about the violation and any corrective 

measures undertaken to the Gaming Commission. The 

Gaming Commission shall consider any information so 

submitted in determining the facts surrounding the 

violation and the amount of the civil fine; 

(b) The Gaming Commission shall serve a copy of the 

proposed assessment on the alleged violator within ten (10) 

calendar days after the Notice of Violation was issued, 

when practicable; and 

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Cloverdale Rancheria Tribal Gaming Ordinance 

(c) The Gaming Commission may review and reassess any 

civil fine if necessary to consider facts that were not 

reasonably available on the date of issuance of the 

proposed assessment. 

4. If the alleged violator fails to request a hearing as provided in this 

Ordinance, the proposed civil fine assessment shall become a final 

order of the Gaming Commission. 

(a) civil fines assessed under this section shall be paid by the 

person assessed and shall not be treated as an operating 

expense of the Gaming Facility; and 

(b) if civil fines are treated as an operating expense of the 

gaming facility, the Gaming Commission may find the 

person in further violation that would be remedied by 

actions upon licensure. 

(c) the Gaming Commission shall transfer civil fines paid 

under this Ordinance to the Cloverdale Rancheria Tribal 

Council Treasurer on behalf of the Cloverdale Rancheria 

for deposit. 

- 

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Cloverdale Rancheria Tribal Gaming Ordinance 

XIX. Enforcement 

A. The Gaming Commission shall take any one or a combination of the 

following actions with respect to any person who violates any provision of 

this Ordinance: 

1. Suspend or revoke any gaming license issued by the Gaming 

Commission. 

2. Bring an action in a court of competent jurisdiction for imposition 

of one or more of the following sanctions; 

3. Seizure of any gaming apparatus, proceeds, or other property of a 

licensee connected with the gaming activities engaged in by the 

licensee; 

4. Collection of any unpaid fees, interest, penalties, and of any civil 

fines unpaid after thirty (30) calendar days; or 

5. Execution on any nonexempt property of a violator located within 

the exterior boundaries of the Cloverdale Rancheria. 

B. Civil actions may be brought by the Gaming Commission pursuant to this 

Ordinance in any court of competent jurisdiction to enforce the imposition 

of any and all sanctions provided for under this Ordinance. 

Before taking any action authorized in Section XVIII and XIX of this 

Ordinance, the Gaming Commission shall use its best efforts to notify the 

alleged violator, in person or by letter delivered to hisher last known 

address, of the charges against hirn/her, and allow the alleged violator an 

opportunity for a prompt hearing. If the alleged violator fails to respond, 

or cannot be found, the Gaming Commission may proceed with a hearing 

notwithstanding, and take such action as it deems appropriate. Said notice 

of the alleged violation shall be served at least three (3) business days 

prior to the hearing. 

D. Every person who applies for a gaming license, and accepts such license; 

thereby acknowledges the civil enforcement jurisdiction and authority of 

the Gaming Commission under this Ordinance to order an execution on 

hisher further conduct of gaming activities and the seizure of hisher 

gaming equipment or proceeds or other property, upon a proper finding of 

the Gaming Commission or the court that the person has violated a 

provision of this Ordinance, despite lack of actual notice, provided that the 

Gaming Commission has used its best efforts to notify the person, in 

person or by letter delivered to hisher last known address. 

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Cloverdale Rancheria Tribal Gaming Ordinance 

XX. Hearings and Appeals 

A. This Section provides for appeals to the Gaming Commission regarding: 

1. a violation alleged in a notice of violation; and 

2. civil fines assessed by the Gaming Commission in this Ordinance. 

B. The Gaming Commission shall hold a hearing on the proposed revocation 

of a gaming license held by a Primary Management Official or Key 

Employee after it has suspended such license pursuant to 25 CFR Section 

558.5. The licensee shall be notified by the Cloverdale Rancheria Gaming 

Commission, of the time and place for hearing. After the hearing, the 

Gaming Commission shall decide to revoke or reinstate the gaming 

license. The Gaming Commission shall notify the National Indian 

Gaming Commission of its decision. 

C. Any licensee paying a civil fine or penalty for any violation enumerated in 

this Ordinance because of excusable neglect may petition the Gaming 

Commission for partial or full waiver of suit, fine or penalty. The petition 

shall be filed within thirty (30) business days after the payment was made. 

Any person aggrieved by a decision made or action taken by the Gaming 

Commission without notice and opportunity for hearing to the aggrieved 

person may petition the Gaming Commission for a hearing and 

reconsideration. The petition shall be filed within thirty (30) business 

days after the petitioner knew or should have known of the decision or 

action. The Gaming Commission shall grant a prompt hearing upon 

receiving such a petition, and shall reconsider its decision or action, 

affum, modify, reverse andlor vacate the Gaming Commission's order in 

light of what is presented at a hearing. 

E. The Gaming Commission must create and implement regulations that 

define the process of hearings and appeals. The regulation must include at 

a minimum provisions that provide for notification; detailed hearing 

process; witness oaths and perjury; decision process and notification of 

decision made. 

F. The decision of the Gaming Commission is final. 

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Cloverdale Rancheria Tribal Gaming Ordinance 

XXI. Dispute Resolution 

A. Any patrons who have a complaint against the Gaming Facility shall have 

the right to file a petition for relief with the Gaming Commission. For 

such purposes, disputes with any management contractor or its employees 

shall be made to the Gaming Commission, and such shall be the exclusive 

remedy for patron complaints. Complaints shall be submitted in writing 

and at the discretion of the Gaming Commission, the petitioner may be 

allowed to present evidence. The Gaming Commission will render a 

decision in a manner described by Commission regulations, and all such 

decisions will be final when issued. Any patron having a claim against the 

Garning Facility or a management contractor or its employees must submit 

such claim to the Gaming Commission within thirty (30) days of its 

occurrence or within such time periods as the Commission shall establish 

by regulation. All claims by patrons shall be limited to a maximum 

recovery and a cumulative per patron in any twelve (12) month period, 

payable by the Gaming Facility or its insured for any actual damages 

sustained by the patron. The limitations shall be set by the Tribal Council 

and established by Commission regulation. 

B. The Tribal Council will establish a Tort Liability Ordinance that will meet 

the minimum standards called forth in the Tribal-State Compact. 

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Cloverdale Rancheria Tribal Gamina Ordinance 

XXII. Ejection from Gaming Facility 

A. Notice of warning regarding the improper conduct set out in Section XVII 

of this Ordinance or other Gaming Facility rules established and enforced 

by the Gaming Facility shall be posted at the entrance of each Gaming 

Facility andlor given to the customer upon entering the premises. 

B. The following improper conduct shall result in ejection of a customer from 

any Gaming Facility: 

1. cheating; 

2. possession of weapons in the Gaming Facility; 

3. possession of alcohol that has been brought by a customer or 

unauthorized person into the Gaming Facility; 

4. possession of a controlled substance in the Gaming Facility; 

5. distribution, sale, or consumption of alcohol or drugs on the 

Gaming Facility grounds or in the Gaming Facility; 

6. disorderly conduct, including the willful or wanton disregard for 

the rights of others; and 

7. prostitution; 

8. any other acts which is disruptive tothe Gaming Facility. 

C. Failure by a customer to provide proof of age when requested by Gaming 

Facility personnel shall result in ejection of the customer from the 

premises but admission fees (if any) shall be refunded. 

D. Ejection of a customer shall be accomplished by the Tribal Police/Tribal 

or Casino Security with support and acknowledgement of the Observation 

Department. Additional support may be requested by the contracted Law 

Enforcement Services of the Tribe. 

E. Removal of persons within the Gaming Facility when in coordination with 

contracted Law Enforcement shall be done in accordance with approved 

agreements between the Cloverdale Tribal Council and contracted 

Enforcement Agencies. 

F. Either the Employee Manager or Management Contractor of the Gaming 

Facility or an alternate designated by either shall be present at all times to 

resolve complaints by customers involving the operation of bingo and 

Class I, Class I1 and Class 1x1 games at the establishment. 

G. If the Employee Manager or Management Contractor or their alternates 

are unable to resolve my dispute, as provided in (D), the matter may upon 

request of the customer, be referred to the Gaming Commission for 

resolution. The decision of the Gaming Commission on any dispute so 

referred to it for resolution shall be final. 

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Cloverdale Rancheria Tribal Gaming Ordinance 

XXIII. Service 

A. The Cloverdale Rancheria Tribal Council hereby designates the Tribal 

Council Chairperson as an agent for service of any official determination, 

order, or notice of violation submitted by the National Indian Gaming 

Commission. 

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Cloverdale Rancheria Tribal Gaming Ordinance 

XXIV. Applicable Law 

A. All controversies involving contracts relating to Gaming entered into 

under the authority of the Gaming Commission on Tribal Lands shall be 

resolved as appropriate, in accordance with: 

1. The Laws of the Cloverdale Rancheria; 

2. The Indian Gaming Regulatory Act; 

3. National Indian Gaming Regulations; 

4. State Compact. 

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Cloverdale Rancheria Tribal Gaming Ordinance 

XXV. Savings Provision 

A. If any provision of this Ordinance or the application thereof to any person 

or circumstances is held invalid, the invalidity shall not affect other 

provisions or applications of the Ordinance which can be given effect 

without the invalid provision or application, and to this end, the provisions 

of this Ordinance are several. 

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Cloverdale Rancheria Tribal Gaming Ordinance 

XXVI. Amendments 

A. The Cloverdale Tribal Council is hereby delegated the authority to amend 

this Ordinance in any manner deemed appropriate by Cloverdale 

Rancheria General Council to protect the best interests of the Cloverdale 

Rancheria; provided, however, that the Cloverdale Tribal Council shall 

have no authority to enact any amendment to this Ordinance that is less 

restrictive of federal law or would be inconsistent with the terms of an 

approved Tribal-State Class III compact that is in effect. 

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Cloverdale Rancheria Tribal Gaming Ordinance 

XXMI. Repeal 

A. Upon approval of this Ordinance by the Secretary of Interior, all other 

gaming ordinances previously enacted or amended by the Cloverdale 

General Council or Tribal Council are hereby repealed. 

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