U Ca Uta GwaltcA Palate Trzibe

Bentor PoicAte Reserwation

(619) 933-2321

JAN 22 ~

U-TU UTU GWAITU PAIUTE TRIBE

BENTON PAIUTE RESERVATION

TRIBAL GANING ORDINANCE NO. 95-001

Approved by Tribal Council:

AUG07 1995

Amendment No. 1 approved by Tribal Council: JAN 1 3

Approved by National Indian Gaming Commission:________

Star Route 4, Box-56-A, Benton, CA 93512
U-tu Utu Gwaitu Palute Tribe

Benton Paiute Reservation

SUBJECT: TRIBAL GANING ORDINANCE.

TABLE OF CONTENTS

Article I -

Title, Findings and Purposes 1

Section 1. Title 1

Section 2. Findings 1

Section 3. Purposes 1

Article II General Provisions 1

Section 1 Definitions 1

Section 2 Gaming Authorized and Regulated 3

Section 3 Use of Revenues from Class II and Class

III Gaming Activities 3

Section 4 Gaming Facilities 4

Section 5 Minors, Employees Prohibited 4

Article III Administration 4

Section 1 Tribal Gaming Committee 4

Section 2 Licensing 5

Section 3 License Fees: Application Fees and

Continuing Yearly Fees 5

Section 4 License Validity: Effective Period and

Place 5

Section 5 License: Qualifications and

Requirements 6

Section 6 All Other Employees 13

Section 7 License Suspension and Revocation 13

Article IV Class II Gaming 15

Section 1 Authorization to Conduct Class II

Gaming 15

Section 2 Management Contracts 15

Section 3 Hours of operation; Notice to Cominittee.16

Article V Class III Gaming 16

Section 1 Compliance with Applicable Law 16

Section 2 Authorized Ownership and Operation 17

Section 3 Regulation and Inspection 17

Section 4 Hours of Operation 17

Section 5 Games Permitted 17

Section 6 Management Contracts 17

Section 7 Resolution of Disputes with Gaming

Public 18

3-
Article VI Records and Audits .18

Section 1 Records Maintenance 18

Section 2 Independent Audits 18

Article VII -

Enforcement and Validity of Ordinance 19

Section 1 Enforcement 19

Section 2 Severability 19

Section 3 Effective Date of Ordinance; 19

Section 4 Designation of Agency for Service of

Process 19

Certification of Enactment and Amendment No.1 by the Tribal

Council 20

ii
N

U-PU UTU GWAITU PAIUTE TRIBE

GAMING ORDINANCE

ARTICLE I -

TITLE, FINDINGS AND PURPOSES

Section 1. Title:

This Ordinance shall be known as the U-tu Utu Gwaitu Paiute

Tribe Gaming Ordinance #95-001.

Section 2. Findings:

The Tribal Council of the Utu Utu Gwaitu Paiute Tribe finds

that:

A. The Tribal Council is empowered by its Constitution, as

amended, and approved on January 20, 1976 to enact

ordinances within the jurisdiction of the Benton Paiute

Reservation and other trust lands owned by the Tribe that

are not adjacent to the Reservation.

B. It is essential to the health, safety and general welfare

of the U-tu Utu Gwaitu Paiute Tribe and the visitors to

the Benton Paiute Reservation that standards and

regulations be promulgated to govern the conduct of

gaming activities on Tribal owned land.

Section 3. Purposes:

The purposes of this Gaining Ordinance are to:

A. Provide standards and regulations governing the conduct

of gaming activities on Tribal Land of the U-tu Utu

Gwaitu Paiute Tribe;

B. Promote Tribal Economic Development;

C. Enhance employment opportunities for tribal members;

D. Strengthen the economy of the IJ-tu Utu Gwaitu Paiute

Tribal Government and community.

E. Generate revenue for use in improving the health,

education and general welfare of enrolled members of the

Tribe, are residents of the BentonPaiute Reservation.

ARTICLE II -GENERAL PROVISIONS

Section 1. Definitions.

1
A. Act or I.G.R.A. means the Indian Gaming Regulatory

Act, 25 U.S.C. Section 2701 et seq.

B. Tribal Council means the Governing body of the U-tu

Utu Gwaitu Paiute Tribe.

C. Class II Gaming means all forms of gaming which are

defined as Class II Gaming in the Indian Gaming

Regulatory Act, P.L. 100-497 (1988), codified at 25

U.S.C. Sections 2701-2721, and accompanying federal

regulations.

D. Class III Gaming means all forms of gaming that are

defined as Class III Gaming in the Indian Gaming

Regulatory Act, P.L. 100-497 (1988), codified at 25

U.S.C. Sections 2701-2721, and accompanying federal

regulations.

E. Compact means any Compact by and between the Tribe and

the State of California setting forth an agreement for

operation of Class III gaming on Tribal Land of the U-tu

Utu Gwaitu Paiute Tribe.

F. Entity means any organization, including any division,

department or other unit therein, and includes, but

shall not be limited to, a public or private corporation,

partnership, joint venture, voluntary or unincorporated

association, organization, proprietorship, trust, estate,

commission, bureau, department of governmental agency

except that entity shall not include the Tribe.

G. Indian Land(s) or U-tu Utu Gwaitu Paiute Tribal

land(s) means all lands within the limits of the Benton

Paiute Reservation; or any lands title to which is either

held in trust by the United States for the benefit of

this Tribe or individual Tribal Member or held by the

Tribe or individual Tribal member subject to restriction

by the United States against alienation, and over which

the Tribe exercises governmental power, or any land(s)

that may be added to the Reservation or Tribal

jurisdictions that will be held in trust by the United

States of America for the Benefit of the Tribe.

H. Key Employee is defined as in 25 C.F.R. Section 502.14,

as may be amended from time to time.

I. Net Revenues means gross gaining revenues of the Tribes

gaming operational less (i) amounts paid out as, or paid

for, prizes, and (ii) total gaming-related operating

expenses, excluding management fees.

J. Ordinance means this U-tu Utu Gwaitu Paiute Tribal

2
enacted Gaming Ordinance No. 95-001.

K. Ordinance No 95001 means that certain Ordinance of the

Tribal Council of the U-tu Utu Gwaitu Paiute Tribe

Establishing the IJ-tu Utu Gwaitu Paiute Tribal Gaming

Committee, as adopted by the Tribal Council on August

07, 1995.

L. Person means any individual, receiver, administrator,

executor, assignee in bankruptcy, trust, estate, firm,

partnership, joint venture, club, company, joint stock

company, business trust, corporation, association

society, or any group of individuals acting as a unit,

whether mutual cooperative, fraternal or nonprofit doing

business within Indian land(s). The Tribe is not within

the definition of person.

M. Primary Management Official is defined as in 25 C.F.R.

Section 502.19, as may be amended from time to time.

N. Tribal gaming facility or Gaming facility means any

location where Class II or Class III gaming is conducted.

0. Tribal gaming operation means any Class II or Class III

gaming operation conducted on Land owned by the Utu Utu

Gwaitu Paiute Tribe.

P. Tribe or Tribal means or refers to the Utu Utu

Gwaitu Paiute Tribe, Benton Paiute reservation, its

agencies and officials.

Q. Tribal Gaming Committee means a committee established

by the tribe for the purpose of regulating any gaming

operation approved by the Tribal Council. The Committee

shall function as part of the Tribal Government.

Section 2. Gaming Authorized and Regulated:

A. Class II gaming and Class III gaming are authorized on

Indian Land(s). Class II gaming and Class III gaming

shall be regulated by the Gaming Committee and shall

only be operated consistent with the provisions of this

Ordinance No. 95-001, the Act and regulations

promulgated by the National Indian Gaming Committee

pursuant to the Act.

Section 3. Use of Revenues from Class II and Class III Gaming

Activities.

A. Net revenues from Class II and III gaming activities

shall be used only to:

3
1. Fund Tribal Government operations and programs;

2. provide for the general welfare of the Tribe, and

Tribal Members, including education, health, and

safety;

3. promote economic development within the Benton

Paiute Reservation, on Tribally owned lands outside

or adjacent to the Benton Paiute Reservation, or

lands located within the original homeland of the U

tu Utu Gwaitu Paiute Tribe, including job creation

and training, infrastructure improvement and

resource management;

4. fund operations of local Tribal Government agencies

providing services, programs, and/or assistance to

Tribal residents; and/or

5. donate to charitable and/or nonprofit organizations

including local governments.

B. The Tribal Council may elect to authorize the

distribution of per capita payments to Tribal members

pursuant to guidelines established and adopted by the

Tribal Council and consistent with applicable federal

law.

Section 4. Facilities:

A. To ensure that the environment and the public safety and

welfare are adequately protected, each gaming facility

shall be Constructed and maintained in compliance with

applicable tribal and federal laws, including but not

limited to fire codes, safety codes and building codes.

B. Each gaming facility shall be subject to inspection to

insure compliance, annually or on such schedule as the

Tribal Building inspector, or if none, the Tribal Council

determines necessary and appropriate.

Section 5. Minors, Employees Prohibited:

A. No Person under the age of 18 years shall be permitted to

play any Class II or Class III game.

ARTICLE III - ADMINISTRATION

Section 1. Tribal Gaming Committee:

A. Establishment and composition.

The Gaming Committee is established and composed

4
pursuant to Ordinance No 95-002.

B. Duties and Powers.

The Gaining Conunittee shall continue to have the duties

and be empowered pursuant to Ordinance No. 95002. In

addition, the Gaming Committee shall administer the

provisions of this Ordinance and shall have all

additional powers necessary therefor.

Section 2. Licensing:

A. Authority to License.

1. The Gaining Committee shall have the authority to

license and regulate Class II and/or Class III

gaining on Indian Land(s) which is now, or may

hereafter, be permitted pursuant to the terms of

this Ordinance, Ordinance No. 95-002, the Act and/or

any applicable Compact.

B. Pypes of Licenses to be Issued

The Gaming Committee shall issue the following licenses

for gaming on Indian Land(s) subject to its authority to

license and regulate:

1. Primary Management Official License.

2. Key Employee License.

3. Other Licenses necessary an appropriate.

Section 3. License Fees: Application Fees and Continuing

Yearly Fees

A. Any person making application for a Tribal gaming license

pursuant to this Ordinance shall submit his/her

application, and required forms and information, as set

forth by the Gaming Committee, pursuant to this

Ordinance, together with an application fee as prescribed

by the Gaming Committee.

B. A license shall, at least sixty (60) days prior to the

expiration of the license, make application for renewal

with the Gaming Committee, and shall submit the

application and required forms and information together

with a renewal fee prescribed by the Gaming committee.

Section 4. License Validity: Effective Period and Place

A. Period Tribal Gaming Licenses shall be valid and

5
effective for a period of one year from the date of

issue, unless same is sooner suspended or revoked for

cause after notice and hearing, pursuant to this

Ordinance. The effective date and period shall be stated

on the face of the license.

B. Place

1. A tribal gaming license shall be valid for one (1)

facility or location only, and the location shall be

identified on the face of the license.

2. If a person or entity desires to be employed with,

or operate, more than one gaming location, a

separate gaming license must be obtained for each

separate facility or location.

C. Facility License A separate tribal gaming license

shall be issued to each place, facility or location on

Indian land(s) where gaming is allowed in accordance with

this Ordinance.

Section 5. License: Qualifications and Requirements

A. General

1. An Application to receive a tribal gaming license or

to be found suitable to receive a tribal gaming

license shall not be granted unless the Gaming

Committee is satisfied, after review of a

background investigation that such applicant is:

a. A person of good character, honesty and

integrity;

b. A person whose prior activities, criminal

record, if any, reputation, habits and

associations do not pose a threat to the public

interest of the Tribe, its members or to the

effective regulations of gaming, or create or

enhance the dangers of unsuitable, unfair or

illegal practices and methods and activities

in the conduct of gaming or the carrying on of

the business and financial arrangements

incidental thereto; and

c. In all other respects is qualified to be

licensed or found suitable consistent with this

Ordinance.

d. An application to receive a tribal gaming

license or to be found suitable constitutes a

6
request for a determination of the applicants

general character, integrity and ability to

participate or engage in, or be associated with

gaming. Any written or oral statement made in

the course of an official proceeding of the

Gaming Committee or the National Indian Gaming

Commission established pursuant to 25 U.S.C.

section 2704, by any member thereof or any

witness testifying is absolutely privileged and

does not impose liability for defamation or

constitute a ground for recovery in any civil

action.

B. Primary Management Officials. Key and Other Employees

Requirements

1. No person shall be licensed by the Gaming Committee

for employment by a gaming enterprise operated on

Indian Land(s) who:

a. Has been convicted of or who has pled guilty or

nob contendere to any felony, gambling

offense, or other offense involving moral

turpitude (that misdemeanors committed

before such persons 18th birthday shall not

act to bar his/her employment); or

b. Is under the age of 18, except that no person

shall be licensed by the Gaming Committee for

employment as a Primary Management Official or

Key Employee which is under the age of 21.

2. No person shall be employed as a Primary Management

Official or Key Employee in a Class II or Class III

gaming activity who:

a. Has not first applied for and obtained a tribal

gaming license pursuant to this Ordinance.

b. Is ineligible for fidelity bonding or similar

insurance covering employee dishonesty.

3. Upon request of a gaming operation, the Gaming

Committee may issue a temporary gaming license to

a Key Employee or Primary Management Official after

receipt of a completed license application, as

prescribed by paragraph C, of this Article, Section

4, unless grounds sufficient to disqualify the

applicant for licensing are apparent on the face of

the application. The holder of a temporary gaming

license shall enjoy the privileges and be subject to

the conditions of an annual license. A temporary

7
license shall expire and become void and of no

effect upon a final determination of the applicants

qualifications to hold an annual license, or ninety

(90) days after the issuance of the temporary

license, whichever is sooner. A temporary license

shall clearly state on its face that the license is

temporary.

4. Every person employed at a gaming facility operated

on Indian Land(s) shall wear an identification badge

which conspicuously states the place of employment.

the full name and photograph of the person and

their position of employment.

C. Primary Management Officials and Key Employees; License

Application. Notices

1. The Gaming Committee shall require that Primary

Management Officials and Key Employees make

application for a tribal gaming license on a form

specified by the Gaming Committee.

2. The application form shall include the following

notices:

a. Privacy Notice

Il In compliance with the Privacy Act of

1974, the following information is provided:

Solicitation of the information on this form is

authorized by 25 U.S.C. 2701 ~ ~. The

purpose of the requested information is to

determine the eligibility of individuals to be

employed in a gaming operation. The

information will be used by the National Indian

Gaming Commission members and staff who have

need for the information in the performance of

their official duties. The information may be

disclosed to appropriate federal, tribal,

state, local or foreign law enforcement and

regulatory investigations or prosecutions or

when pursuant to a requirement by a tribe or

the National Indian Gaming Commission in

connection with the hiring or firing of an

employee, the issuance or revocation of a

gaming license, or investigations of activities

while associated with a tribe or a gaming

operation. Failure to consent to the

disclosures indicated in this notice will

result in a tribes being unable to hire you in

a primary management official or key employee

position.

8
( The disclosure of your Social Security

Number (SSN) is voluntary. However, failure to

supply a SSN may result in errors in processing

your applications.

b. Notice Regarding False Statements

jJJ~ A false statement on any part of your

application may be grounds for not hiring you

or for firing you after you begin work. Also,

you may be punished by fine or imprisonment

(U.S. Code, Title 18, section 1001).

3. Acknowledgement of receipt and reading of Notice

a. All applicants to the Gaming Committee shall

be required to sign an acknowledgement of

receipt and reading of the Privacy Notice and

Notice Regarding False Statements, which shall

be placed on the same page immediately

following the Notice.

b. The Gaming Committee shall notify in writing

existing Key Employees and Primary Management

Officials subject to tribal licensure that they

shall either:

1. Complete a new application form that

contains a Privacy Act notice and a Notice

Regarding False Statement; or

2. Sign a statement that contains the Privacy

Act notice and consent to the routine uses

described in that notice and a statement

that contains the Notice Regarding False

Statements.

4. The tribal gaming license application shall at

minimum require the following information:

a. Full name, other names used (oral or written),

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

birth, citizenship, gender, all languages

(spoken or written);

b. Currently and for the previous five (5) years:

business and employment positions held,

ownership interests in those businesses,

business and residence addresses, and drivers

license number(s);

c. The names and current addresses of at least

9
three personal references, including one

personal reference who was acquainted with the

applicant during each period of residence

listed under paragraph (a)(2) of this section;

d. Current business and residence telephone

numbers;

e. A description of any existing and previous

business relationships with Indian tribes,

including ownership interests in those

businesses;

f. A description of any existing and previous

business relationships with the gaming industry

generally, including ownership interests in

those businesses;

g. The name and address of any 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;

h. 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;

1. For each misdemeanor conviction or ongoing

misdemeanor (minor traffic violations)

within 10 years of the date of the application,

the name and address of the court involved, and

the date and disposition;

j. For each criminal charge (minor

traffic charges) whether or not there is a

conviction, if such criminal charge is within

10 years of the date of the application and is

not otherwise listed pursuant to paragraph

(a)(8) or (a)(9) of this section, the criminal

charge, the name and address of the court

involved, and the date and disposition;

k. The name and address of any licensing or

regulatory agency with which the person has

filed an application for a occupational license

or permit, whether or not such license or

permit was granted;

1. A photograph;

10
in. Fingerprints consistent with procedures adopted

by the Tribal police or the Gaining committee

consistent with 25 C.F.R. section 522.2(h).

Fingerprints shall be taken by the Sheriff of

Mono County, California, pursuant to

intergovernmental agreement with the Tribe, and

shall be sent directly to the National Indian

Gaining Commission by the law enforcement agency

taking the fingerprints; and

n. Any other information the Gaming committee

deems relevant,

D. Primary Management Officials and Key Employees;

Backgro*~ind Investigation Report

1. The Gaming Committee shall conduct, or cause to be

conducted by, either through the Federal Bureau of

Investigation (FBI) or the National Indian Gaining

Commission, an investigation appointed by it, a

background investigation for each Primary Management

Official and Key Employee. The investigation shall

include requirements at least as stringent as those

included in 25 CFR Parts 556 and 558 pursuant to 25

CFR Section 522.4(b)(5) and at a minimum:

a. Verification of all information on the

application;

b. Interviews of current and prior employers and

immediate supervisors for the preceding five

(5) years;

c. Interviews of all personal references;

d. Obtaining a criminal history record; and

e. An interview with the applicant.

2. The investigator shall be required to make written

report to the Gaming Committee of the investigation,

including there in the steps taken in conducting the

investigation, the names, addresses and relationship

.~--t6 the applicant of all persons interviewed, the

information obtained from persons interviewed

regarding the applicants reputation, habits and

associations and the apparent candidness (or lack

thereof) of the persons, and any other information

garnered or learned about the applicant and the

source of the information, and shall particularly

identify all potential problem areas and sources of

the information.

11
3. The Gaming Committee shall review the report and

any additional information known to it and make a

determination of whether the applicant is eligible,

meets the requirements for employment and is

suitable or poses a threat to the public interest or

to the effective regulation of gaming or creates or

enhances the dangers of unsuitable, unfair or

illegal practices and methods and activities in the

conduct of gaming, particularly identifying all

potential problem areas and disqualifying

information.

4. The Gaming Committee shall create a report, that at

minimum identifies and describes the steps taken in

conducting the investigation, the results obtain,

the conclusions reached and the basis for these

conclusion. Said report shall be filed with the

NIGC Pursuant to 25 CFR Section 558.3(b) within 60

days after an employee begins work or within 60 days

of the approval of this Ordinance by the Chairman of

the National Indian Gaming Commission.

5. The Gaming Committee shall not issue a license to

any applicant who is not eligible and/or does not

meet the requirements for employment as a Primary

Management Official or Key Employee.

6. Following its determination and prior to issuance of

a license to an applicant determined to meet the

requirements, the Gaming Committee shall forward to

the National Indian Gaming Commission, pursuant to

25 CFR Section 558.3(b), no later than sixty (60)

days after a Primary Management Official or Key

Employee begins work or sixty (60) days after

National Indian Gaming Commission approval of this

Ordinance, the investigative report and a copy of

the eligibility determination of applicants denied

licensure, and shall notify the National Indian

Gaming Commission of its decision not to license an

applicant.

7. With respect to key employees and primary

management officials, the Tribe shall retain

applications for employment and reports if any of

background investigation for inspection by the

Chairman of the National Indian Gaming Commission or

his designee, for not less than (3) years from the

date of termination of employment.

8. The gaming operation shall not employ as a key

employee or primary management official a person who

does not have license after 90 days.

12
9. If the National Indian Gaming Commission (NIGC) has

received an investigative report concerning an

individual who another tribe wishes to employ as a

key employee or primary management official and if

the second tribe has access to the investigative

materials held by the first tribe, the second tribe

may update the investigation and update the

investigative report provided to the NIGC pursuant

to C.F.R. 25, Section 556.5(c).

E. Granting a Gaming license

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

National Indian Gaming Commission receives a report,

the National Gaming Commission notifies the tribe

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 Tribe has provided an application and

investigative report to the National Indian Gaming

Commission, the Tribe may issue a license.

2. The Tribe shall respond to a request for additional

information from the Chairman 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 paragraph E(1) of this section until

the Chairman of the National Indian Gaming

Commission receives the additional information.

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

above, the National Indian Gaming Commission

provides the Tribe with a statement itemizing

objections to the issuance of a license to a key

employee or to a primary management official for

whom the Tribe has provided an application and

investigative report to the National Indian Gaming

Commission, the Tribe shall reconsider the

application, taking into account the objectives

itemized by the National Indian Gaming Commission.

The Tribe shall make the final decision whether to

issue a license to such applicant.

Section 6. All other employees

A. The Tribal Gaming Committee shall follow the U-tu

Utu Gwaitu Paiute Tribes Personnel Policies Manual

approved by the Tribal Council on February 24, 1994.

B. The Tribal Gaming Committee can recommend any

changes to the Tribal Council that the Committee may

13
need to staff the Tribal Gaming Operation to ensure

that management of gaming personnel will be

conforming to tribal policies.

C. The Tribal Gaming Committee will authorize

background checks on all other employees as the

Committee determines necessary pursuant to the

position description, by following the provisions

outlined in Article II, Section 5(D) of this

Ordinance.

Section 7. License Suspension and Revocation

A. Suspension and Revocation

1. A license issued by the Gaining Committee shall be

suspended, without prior notice, if the National

Indian Gaming Commission notifies the Tribe that a

Primary Management Official or Key Employee does not

meet the standards established and set forth herein

pursuant to the Act and federal regulation. After

notice and hearing the Gaming Committee may revoke

such license.

B. Suspension and Revocation Notice and Hearing

1. The Gaming Committee shall promptly notify in

writing any tribal licensee whose license has been

suspended and may be revoked and shall include in

said notice:

a. The effective date of the suspension and

proposed revocation;

b. The reason(s) for the suspension and proposed

revocation;

c. The right of the licensee to appear before the

Gaining Committee, at a specified date, time

and place, to challenge the suspension and

proposed revocation.

2. A copy of the revocation or reinstatement decision

shall be promptly sent to the licensee and to the

National Indian Gaining Commission.

C. Revocation Hearing

1. A tribal licensee may appeal the revocation of

his/her license to the Tribal Arbitration Council

pursuant to Tribal Ordinance No. 76-05 by sending a

written notice of appeal of the revocation to the

14
Arbitration Council and the Gaming Committee no

later than 10 days after the licensee receives

notice that his/her license has been revoked~ The

notice of appeal shall clearly state the reason(s)

why the licensee believes his/her license should not

be revoked.

2. Upon receipt of the notice of appeal of the license

revocation, the Arbitration Council shall schedule

a revocation appeal hearing. Written notice of the

time, date and place of the hearing shall be

delivered to the licensee no later than five (5)

days before the scheduled date of the hearing.

3. The licensee and the Gaming Committee may be

represented by legal counsel at the revocation

appeal hearing. The licensee and the Gaming

Committee may present witnesses and evidence in

sUpport of their respective positions and may

examine witnesses and evidence presented by the

opposing side.

4. A copy of the Arbitration Councils decision

regarding the revocation of a license shall be sent

to the licensee, Gaming committee and National

Indian Gaming Commission.

D. Application for Relicensina

1. No person or entity who class II or Class III tribal

gaining license has been revoked shall be eligible

for a new license until 12 months after the

effective date of the revocation.

ARTICLE IV -

CLASS II GAllING

Section 1. Authorization to Conduct Class II Gaming

A. All Class II gaming conducted on Indian Land(s) shall be

conducted in compliance with applicable law, rules and

regulations of any governmental authority with

jurisdiction.

B. The Tribe shall retain and have sole proprietary interest

in and responsibility for the conduct of all Class II

gaming.

E. Income to the Tribe from the gaming activity shall

only be used for the purposes described in Article

II, Section 3 of this Ordinance.

Section 2. Management Contracts

15
A. The Tribe may enter into a management contract for the

operation and management of Class II gaming activities.

Each such contract must comply with the provisions of

this Ordinance, other applicable provisions of Tribal Law

(Including, but not limited to, tribal labor relations

preference laws), and provisions of federal law

(including, but not limited to, 25 U.S.C. Section 2711).

Section 3. Hours of operation. Notice to committee

A. Class II gaming may be conducted 24 hours a day, seven

(7) days a week, subject to approval by the Gaming

committee.

B. Prior to operation of Class II gaming or any change in

hours of operation, the operator shall:

1. Notify the Gaming Committee of the proposed hours

and days its facility will be open, and the hours

and days gaming will be conducted.

2. The proposed schedule shall be approved unless the

Gaming Committee notifies the owner or operator of

its objection within 15 days of its receipt of the

proposed schedule.

3. If the Gaming Committee makes objection, it shall

state its reasons and the changes necessary, and the

proposer may submit a revised proposal accommodating

the Gaming Committees objections, or may request

a opportunity to rebut the objections.

i. Submission of a revised schedule, incorporating

and accommodating the objections, shall be

deemed approved upon its submission.

ii. If an opportunity to rebut is requested, a

conference shall be set within fifteen (15)

days. The Gaming Committee shall issue its

decision, which shall be final and not subject

to further appeal, within fifteen (15) days of

the conference.

ARTICLE V - CLASS III GAMING

Section 1. Comnliance with Applicable Law

A. All Class III gaming conducted on Indian Land(s) shall be

conducted in compliance with applicable laws, rules and

regulations of any governmental authority with jurisdic

tion, and with any applicable compact.

16
Section 2. Authorized Ownership and Operation

A. The Tribe may own and operate one or more Class III

gaming facilities on Indian Land(s) and shall retain and

have sole proprietary interest in and responsibility for

the conduct of Class III gaming operations.

Section 3. Regulation and Inspection

A. The Gaming Committee shall adopt all necessary and

appropriate rules and regulations for Class III gaming,

which may include but not be limited to:

1. Game rules and conduct;

2. Public display of rules requirements;

3. Facility patron safety and security requirements;

4. Permitted Games Specifications and Requirements;

and

5. Background investigations, application and release

forms.

B. Class III facilities shall be open at all usual business

hours for inspection by the Gaming Committee.

Section 4. Hours of Operation

A. Class III gaming may be conducted 24 hours a day, seven

days a week, subject to approval by the Gaming

Committee.

B. The gaming operation shall submit, and the Gaming

committee may approve, proposed hours of operation

unless the proposed hours pose a risk to the health,

welfare or safety of the public.

Section 5. Gaines Permitted

A. Any Class III game or games permitted pursuant to the

Compact may be conducted at a class III gaming facility,

subject to applicable laws, rules, and regulations.

B. Any Class III game which is here before or hereafter

permitted on Indian lands under federal law or amendments

to applicable laws, rules or regulations.

Section 6. Management contracts

A. The Tribal Council may enter into a management contract

on behalf of the Tribe for the operation and management

of Class III gaming activities. Each such contract must

comply with the provisions of this Ordinance, applicable

tribal law (including, but not limited to, tribal

17
employment preference laws), and applicable federal law

(including, but not limited to 25 U.S.C. Section 2711).

Section 7. Re~olution of Disputes with Gaming Public

A. Disputes between the gaming public and a gaming

operation, which involve Class II and/or Class III

gaming, shall be resolved by the Gaining Committee.

Hearing shall be held within twenty (20) days of a

written complaint filed by a member of the gaming public.

The Gaming committee shall adopt and publish guidelines

and procedures for such hearings. A final commission

decision may be appealed to the Tribal Arbitration

Council, pursuant to Tribal Ordinance #76-05, as amended.

ARTICLE VI -RECORDS AND AUDITS

Section 1. Records Maintenance

A. Each gaming facility shall maintain accurate and up-todate records for each gaming activity conducted. Records

shall include records of the following:

1. All financial transactions;

2. personnel;

3. complaints of patrons;

4. facility in-house investigations of any kind;

5. incidents and accidents;

6. actions by facility against players or facility

visitors;

7. actions by facility against or in reprimand of

employees; and

8. any additional records required by the Gaming

committee.

Section 2. Independent Audits

A. 1. Gaming Activities

The Tribal Council shall cause an audit to be conducted

each year on all Class II and Class III gaming activities

licensed or conducted on Indian land(s). Such audit(s)

shall be conducted by an independent auditing firm,

selected at the sole discretion of the Tribal Council.

However, nothing in this paragraph shall prohibit the

annual audit of tribal gaming activities from being

encompassed within the Tribes existing audit system.

B. 1. Contracts for Supplies. Services or Concessions

Each contract for supplies, services, or concessions with

a contract amount in excess of $25,000.00 annually

18
(except, contracts for professional legal or accounting

services) relating to a Class II and/or Class III gaming

activity shall be subject to the independent audit

required by subparagraph (A), above.

C. 1. Audit Report to be Provided to National Gaming

committee

The Tribal Council shall furnish a copy of each annual

gaining activities audit report to the National Indian

Gaming committee, as required by 25 U.S.C., Section

2710 (b) ( 2) (C)

ARTICLE VII -

ENFORCEMENT AND VALIDITY OF ORDINANCE

Section 1. Enforcement

A. If any person or entity fails or refuses to pay a

monetary penalty or administrative fine imposed by the

Gaming Committee or otherwise fails to comply with final

action of the Gaming Committee, and such person has

failed to timely commence an appeal of the imposition or

action before the Tribal Council or the Tribal Council

has upheld the imposition or action, the Tribe any

proceed to collect the assessment or enforce the action

by initiating a civil action against the person or entity

by filing with the Tribal Arbitration Council pursuant to

Tribal Ordinance No. 76-05, as amended. In a civil

action, the validity and amount of any monetary penalty

or administrative fine imposed by the Gaming Committee

shall not be subject to judicial review. The Tribe shall

be entitled to all remedies in law or in equity that are

available to civil litigant generally. The provisions of

this Article VII, Section 1, shall in no way limit the

remedies at law or in equity otherwise available to the

Tribe.

Section 2. Severability

A. If any provision or provisions in this Ordinance are held

invalid by a Court of Competent jurisdiction, this

Ordinance shall continue to be in effect as if the

invalid provision(s) were not a part thereof.

Section 3. Effective Date of this Ordinance

A. This Ordinance shall take effect upon enactment by the

Tribal Council and approval by the Chairman of the

National Indian Gaming Commission.

Section 4. Designation of Agent for Service of process

19
A. Pursuant to 25 C.F.R. Section 522.2(g) the Tribe

designates its Tribal Chairperson as its agent for

service of process.

CERTI FICATION

We, the undersigned Tribal Council officials of the Utu Utu Gwaitu

Paiute Tribal Council, Benton Paiute Reservation, at a special

called Tribal Council meeting, held on August 07, 1995, in which a

quorum was present, enacted this Ordinance No. 95001 by a vote of

2 FOR, 0 AGAINST, 0 ABSTAINING and this Ordinance has not

been rescinded or amended in any manner. The Tribal Chairperson

only votes in case of a tie, pursuant to the Tribal Constitution,

but his/her present is part of the quorum.

ATTEST:

~I JI~iJ i,,. - ____________________

Rose Marie Saulqu~Bahe Chairperson eltha E. Race, Sec/Treasurer

AMENDED CERTIFICATION

We, the undersigned Tribal Council officials of the U-tu Utu Gwaitu

Paiute Tribe, Benton Paiute Reservation, at a special called Tribal

Council meeting, held on January 13 .1996, in which a quorum was

present, amended Ordinance No. 95-001, by a vote of 2 FOR, 0

AGAINST, AND 0 ABSTAINING, and this Ordinance has not be rescinded

but was amended by Tribal Council action of this date. The Tribal

Chairperson only votes in case of a tie, pursuant to the Tribal

Constitution, but his/her present is part of the quorum, which

consist of three (3) Tribal Council officials.

ATTESTED:

ose Mari~ Sa~queBahe, Chair ~Veltha E. Race, Sec/Treasurer

20
U ta Uta GwaItci Palcite TrzIbe

Beuton Palate Reserwation

(619) 933-2321

~ 2 2 /998

U PU PU GWAIPU PAIUTE TRIBE

BENTON PAIIJTE RESERVATION

TRIBAL GAMING COMMITTEE ORDINANCE

NO. 95002

Approved by the Tribal Council August 07. 1995

Approved by the Bureau of Indian Affairs______________

Star Route 4, Box-56-A, Benton, CA 93512
U-tu Utu Gwaitu Paiute Tribe

Benton zpaiute Reservation

SUBJECT: Tribal Gaming Committee Ordinance Number 95-002

TABLE OF CONTENTS

SECTION 1. -

Statement of Policy 2

SECTION2.Definitions 2

SECTION 3. -

Authorization for Gaming Activities 3

Authority for Class II Gaming 4

- Forms of Class III Gaming Authorized 4

SECTION 4. -

Compliance with the Act 4

-

Proprietary Interest in Gaming Operation 4

AnnualAudit 4

Public Safety Standards 5

-

Background Investigations and Licensing 5

SECTION5.Penalties 5

6

6

6

6

7

7

10

10

SECTION 7. -ProhibitedActs 13

Certification of Ordinance 14

SECTION 6. Tribal Gaming Committee

-

Composition of Committee

Election of Members

TermsofOffice

-Conflict of Interest

Powers and duties of Committee.

Orders

Executive Director...

1
U-TU UTU GWAITU PAIUTE TRIBE

TRIBAL GAMING COMMITTEE ORDINANCE

NUMBER 95006

SECTION 1. STATEMENT OF POLICY It is the purpose of this

ordinance to create the Tribal Gaming Committee in order to provida

for the sound regulation of all gaining activities on lands within

the jurisdiction of the U-tu Utu Gwaitu Paiute Tribe, in order to

protect the public interest in the integrity of such gaining

activities, to prevent improper or unlawful conduct in the course

of such gaming activities, to strengthen tribal selfgovernment and

to promote economic self-sufficiency of the U-tu Utu Gwaitu Paiute

Tribe.

SECTION 2. DEFINITIONS For purposes of this Ordinance:

(a) Act means the Indian Gaining Regulatory Act, Pub.L. 100-

497, 25 U.S.C. SS27O1 ~ ~g. and 18 U.S.C. SS 11661168.

(b) Chairman means the Chairman of the Tribal Gaming

Committee established by this Ordinance.

(c) Class II gaining means Class II gaming as defined in

accordance with the Act, 25 U.S.C. S2703(7)(A).

(d) Class III Gaming means all forms of gaming that are not

Class I gaining or Class II gaming as respectively defined

in 25 U.S.C. S2703 (6) and (7).

(e) ~tCommitteetl means the U-tu Utu Gwaitu Paiute Tribal

Gaming Committee established by this Ordinance

(f) Contract means any management contract in effect

between the U-tu Utu Gwaitu Paiute Tribe and a management

company with respect to gaming activities on the Benton

Paiute Reservation, or on other Tribally owned land(s)

under Tribal jurisdiction.

(g) Executive Employee means the Executive Director of the

Tribal Gaming Committee established pursuant to this

Ordinance.

2
(Ii) Gaming Employee means a gaming employee as defined in

the Contract, anc5~ includes primary management officials

and key employees of the Gaming Operation.

(i) Gaming Facility means the building, room or rooms or

that portion of a room in which Class II gaming or Class

III gaming is conducted on the Benton Paiute Reservation,

on other Tribally owned land(s) under Tribal

jurisdiction.

(j) Gaming Operation means the enterprise owned by the Utu

Utu Gwaitu Paiute Tribe on other tribally owned lands

under Tribal jurisdiction for the conduct of Class II and

Class III gaming.

(k) Gaming Services means the providing of any goods,

services or concessions by contract to the Tribe or

contractor directly in connection with the operation of

Class II or Class III gaming in a gaming facility in an

amount of excess of ten thousand dollars ($10,000)

monthly: except for professional legal or accounting

services. No contract may be broken up into parts for

the purpose of avoiding this definition and any

requirement of licensure or certification contained in

the Compact.

(1) National Indian Gaming Commission (NIGC) means the

National Indian Gaming Commission established pursuant to

25 U.S.C. S2704.

(in) Ordinance means the U-tu Utu Gwaitu Paiute Tribal

Gaming Commission Ordinance, number 95-006.

(n) State means the State of California, its authorized

officials, agents and representatives.

(o) Tribe means the U-tu Utu Gwaitu Paiute Tribe; its

authorized officials, agents and representatives.

(p) GamingOrdinance, meaning Tribal Gaming Ordinance No.

95005.

SECTION 3. AUTHORIZATION FOR GAMING ACTIVITIES

3
(a) Authority for Class II Gaming the Tribe shall be

authorized to conduct all forms of Class II gaming on the

Reservation or on other Tribally owned lands under tribal

jurisdiction, including without limitation any form of bingo

(whether or not electronic, computer, or other technologic aids are

used in connection therewith), including pull-tabs, lotto, punch

boards, tip jars,~ instant bingo, and other games similar to bingo

so long as played at the same location as bingo.

(b) Forms of Class III Gaming Authorized The Tribe may

conduct or operate all forms of Class III gaming authorized under

any compact with the State of California that is in effect.

SECTION 4. COMPLIANCE WITh THE ACT. This Ordinance shall be

construed in a manner which conforms to the Act and Ordinance No.

95-01 in all respects, and if inconsistent with the Act and/or

Ordinance No. 9501 in any manner the provisions of the Act and

Ordinance No. 95-01 shall govern.

(a) Proprietary Interest in Gaming Operation In compliance

with 25 U.s.c. S2710(b)(2)(A), the Tribe shall have the sole

proprietary interest in and responsibility for the conduct of

any gaming activity on the Reservation; provided, however,

that nothing herein shall (i) preclude the Tribe from entering

into a Management Contract as authorized under 25 U.S.C.

S27ll.

(b) Annual Audit In compliance with 25 U.S.C.

5S2710(b)(2)(C) and (D), all gaming activities shall be

subject to an audit by independent certified public

accountants, not less than annually, and copies of the annual

audit shall be provided to the National Indian Gaming

Commission. Copies of the annual audit shall also be

available to the general tribal membership upon request, to be

held in strict confidence. All contracts for supplies,

services, or concessions for a contract amount in excess of

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

accounting services) relating to Class II or Class III gaming

4
shall be subject to such audits.

(c) Public Safety Sta~idards In compliance with 25 U.S.C.

S27l0(b) (2) (E), the construction and maintenance of any gaming

facilities, and the operation of gaming activities, shall be

conducted in a manner which adequately protects the

environment, public health and safety and for that purpose

shall comply with the requirements of the Compact and all

other applicable health, safety and environmental standards

enacted by the Tribe.

(d) Background Investigations and Licensing In compliance

with 25 U.S.C. S2710(B)(2)(F):

(i) all Class II and Class III gaming employees shall be

subject to the background investigation and

licensing requirements of applicable federal and

tribal law. The Committee member shall also be

subject to background investigations.

(ii) Any person or entity proposing to sell or lease

gaming equipment, gaming devices or other Gaming

Services to the Tribe shall be licensed to do so.

The procedures for such license and the standards

therefore, shall be the same as those applicable to

gaming employees herein, and if applicant is a

corporation, trust or partnership, application must

be: made by all officers, directors and any person or

entity holding 10% of more of any beneficial or

legal interest therein.

SECTION 5. PENALTIES

Any individual who violates any provisions of this Ordinance shall

be subject to civil penalties including exclusion from employment

by any Tribal gaming operation, denial or revocation of a tribal

gaming license, exclusion from attendance at any Tribal gaming

facility, exclusion from the Reservation, or other tribally owned

land(s) under tribal jurisdiction, if a non-member of the Tribe,

or, with respect to any person subject to the jurisdiction of the

Tribe to impose such fines, a fine of not more than $500.00 for

5
each such violation. The Tribal Gaining Committee established

pursuant to this Ordinance;shall have the jurisdiction to impose

any such penalties on any person within the jurisdiction of the

Tribe.

SECTION 6. TRIBAL GAMING COEMITTEE

(a) Composition of Committee: There is hereby established

a Tribal Gaining Committee consisting of five (5) members, one of

whom shall be members of the Tribal Council; one of whom shall be

a tribal member, who is not a member of the Tribal Council, one of

whom shall be a tribal member who is employed by the Gaining

Operation, and two of whom shall be nonTribal members with

expertise in one of the following areas: gaming, management,

personnel or finance. The members of the Committee shall serve on

a full or parttime basis, and the compensation of members of the

Committee shall be established by the Tribal Council. The Tribal

Council shall select the Chairperson from among its members. The

Committee shall select a Secretary and such other officers as it

deems necessary, the Committee members shall abide by the Tribal

personnel policies manual and other administration policies.

(b) Election of Members Tribal Council shall appoint their

member and the two nontribal members to the Committee. The

employee member of the Gaming Committee shall be elected

solely by the tribal members who are employed by the Gaming

Operation at the time of that election. The General Council

shall elect the Tribal member pursuant to the Tribal Election

Ordinance No. 75-03.

(c) Terms of Office

(i) Each member of the Tribal Gaming Committee shall

have a term of three (3) years. Commencing with

date of the first election/appointment in which the

results are certified and ending three years

later, or when that members successor takes office,

whichever is later.

(ii) Notwithstanding the provisions of Section 6(c)(l),

the term of office of a Gaming Committee member

6
elected as a member of the Tribal Council shall

expire if tt~at person ceases to be a member of the

Tribal Council, and the term of office of the

employee member of the Gaming Committee shall expire

if that person ceases to be an employee of the

Gaming Operation..

(iii) Notwithstanding the provisions of Section 6 (c)(i),

at the first election and/appointment to select

members of the Gaming Committee under this

Ordinance, the employee member shall be elected to

an initial term of one (1) year, and the two non

members appointed by the Tribal Council and one

member elected as a nonTribal Council member shall

be elected to initial terms of two (2) years. The

Tribal Council member shall serve according to

membership on the Tribal Council. Thereafter, all

terms on the Gaming Committee shall be for three (3)

years, except for the Tribal Council member.

(d) Removal From Office Members of the Gaming Committee,

other than the employee members may be removed pursuant to the

Tribal Removal Ordinance No. 77-01

(e) Conflict of Interest No member of the Gaming Committee

shall either directly or indirectly enter into any business

relationship with, or accept or receive any compensation from,

the Gaming Operation or any contractors or subcontractors,

other than as an employee of the Gaming Operation.

(f) Powers and duties of Committee The Gaming Committee

shall have the following powers and duties:

(I) The Committee shall have primary responsibility for

oversight of the tribal gaming operation to assure

the integrity of such operation and may, for that

purpose, the committee shall employ nonuniform

inspectors who may be present in all gaming

facilities during all hours of operation and who

shall be under the sole supervision of the Committee

7
and not under the supervision of any management

employees o~ the Tribal gaming operation. Such

inspectors shall have unrestricted access to all

areas of the gaming facilities at all times, and

personnel employed by the Gaming Operation shall for

such purposes provide such inspectors access to

locked and secure areas of the gaming facilities in

accordance with the standards of operation and

management promulgated pursuant to the Contract.

Such inspectors shall report to the Committee

regarding any failure by the Gaming Operation to

comply with any of the provisions of the Contract or

this Ordinance and any other applicable laws and

ordinances of the tribe. Inspectors assigned by

the Committee may also receive consumer complaints

within the Gaming Facilities and shall assist in

seeking voluntary resolution of such complaints.

Inspectors appointed by the Committee shall be

licensed as gaming employees in accordance with the

Act.

(ii) The Committee may on its own initiative investigate

any aspect of the Gaming Operation in order to

protect the public interest in the integrity of such

gaming activities and to prevent improper or

unlawful conduct in the course of such gaming

activities, and shall investigate any report of a

failure of the Gaming Operation to comply with the

provisions of the Contract or this Ordinance and may

require the Gaming Operation to take any corrective

action deemed necessary by the Committee upon such

terms and conditions as the Committee may determine

appropriate and in accordance with the Gaming

Operation to appear before it and to provide such

information, documents or other materials as may be

in their possession to assist in any such

8
investigation.

(iii) The Committee shall carry out each of the

responsibilities and duties set forth for the Tribal

Gaming Committee in the Contract.

(iv) The Committee may promulgate, review and revise (as

necessary) regulations to govern the operation and

management of the gaming operation in accordance

with the Contract.

(v) The Committee may impose penalties for violations of

this Ordinance or the Contract in accordance with

Section 6 of this Ordinance, and Ordinance No 95

001.

(vi) The Committee may in the name of the Tribe bring any

civil action or criminal complaint in the courts of

the Tribe, State or the United States of America to

enforce the provisions of this Ordinance, the Act

or, the Contract or to enjoin or otherwise prevent

any violation of this Ordinance and Ordinance No.

95001, the Act or the contract, occurring on the

Reservation, or Tribally owned land under the

tribes jurisdiction.

(vii) The Committee may receive any complaint from an

employee of the Gaming Operation or any member of

the public who is or claims to be adversely

affected by an act of omission of the Gaming

Operation or any employee thereof which is asserted

to violate this Ordinance or the Contract, and may

impose such remedial action as it deems appropriate

to bring the Gaming Operation into compliance with

such provisions. The Committee may for this

purpose, in its sole discretion, conduct a hearing

and receive evidence with regard to such complaint

if it deems an evidentiary proceeding useful in the

resolution of such complaint.

(viii) The Committee may grant or revoke tribal gaming

9
licenses as required under the Act.

(g) Orders The Committee may, whenever necessary to protect

the public interest in the integrity of Tribal Gaming Operations,

issue any order which the Committee has the power to issue, to the

Gaming Operation or to any employee or contractor of the Gaining

Operation or to any other person within the jurisdiction of the

Tribe, to take any action or cease and desist from any action as

may be required to protect the public interest.

(h) Executive Director The Committee may appoint an

individual tb serve as Executive Director of the Committee to

administer its responsibilities as necessary and to oversee

inspectors appointed by the Committee, as well, such other

staff as the Committee may from time to time employ. The

Executive Director shall be responsible for coordination of

the functions of the Committee with other federal, state,

local agencies and the tribe, as necessary. The Committee may

request the Executive Director to conduct a preliminary

investigation and render a recommendation to the Committee

with respect to the imposition of any penalty, the

investigation of any complaint, or any other action within the

jurisdiction of the Committee. The Executive Director shall

have the power, in the name of the Committee, to conduct any

hearing, investigation or inquiry, compel the production of

any information or documents, and otherwise exercise the

investigatory powers of the Committee, which the committee may

exercise under this Ordinance.

(i) Procedures of the Committee

(i) Regular meetings of the Committee may be held

upon such notice, and at such time and place as

shall from time to time be fixed by the

Committee. Unless otherwise specified by the

Committee, no notice of such regular meeting

shall be necessary.

(ii) Special meetings of the Committee may be called

10
by the Chairman and/or the Executive Director.

The person or persons calling the special

meeting shall fix the time and place thereof.

(iii) At any meeting of the Committee, which was

properly noticed, with a three (3) members in

attendance shall constitute a quorum for the

transaction of business. The vote of a

majority of the members present at a meeting

at which a quorum is present (which would be

two if a quorum is established) shall be the

act of the Committee. The Chairman shall

preside at all meetings of the Committee

unless the Chairman designates another member

to preside in his absence. If the quorum

falls below three (3) members, the Tribal

Council shall have the authority to temporary

appoint enough member(s) to create a quorum,

and call for a special election if the tribal

members position is vacant.

(iv) Any action required or permitted to be taken at

a meeting of the Committee may be taken

without a meeting if all of the members sign

written consents setting forth the action

taken or to be taken, at any time before or

after the intended effective date of such

action. Such consents shall be filed with the

minutes of the Committee, and shall have the

same effect as a unanimous vote or resolution

of the Committee at a legal meeting thereof.

(v) Members of the Committee may participate in a

meeting of the Committee by means of

conference telephone or similar communications

equipment by means of which ~ members shall

participating in the meeting and that they

can hear each other, and participation in a

11
meeting in such matter by any member, who does

not obj~ct, at the beginning of such meeting,

to the holding thereof, in such manner shall

constitute presence in person at such meeting.

(vi) No action of the Committee to impose a penalty

pursuant to Section 6 of this Ordinance, or to

revoke a license for a gaming employee

previously issued by the Committee, shall be

valid unless the person affected is given at

least seven days notice of the proposed

action and the opportunity to appear and be

heard before the Committee, either in person

or through a representative or legal counsel,

and to submit such evidence as the Committee

deems relevant to the matter at issue;

provided, that if the Committee deems it

necessary to protect the public interest in

the integrity of the gaming activities, the

Committee may take such action with immediate

effect as it deems required, and shall

thereupon provide notice and an opportunity to

be heard to the affected person as soon as is

reasonably practicable following such action.

Any person who is denied an initial gaming

license or who is barred from the gaming

facilities by action of the Committee may

request a hearing before the Committee by

written request submitted within thirty (30)

days following receipt of notice of the action

of the Committee, and the Committee shall

thereupon afford an opportunity to appear and

be heard before the Committee, either in

person or through a representative or legal

counsel, and to submit such evidence as the

Committee deems relevant to the matter at

12
issue and thereafter the Committee shall

either af firm or reconsider its decision. Any

hearing conducted under this subsection may

at the direction of the Committee be conducted

by the Executive Director or by one or more

members of the Committee designated by the

Committee for that purpose.

(vii) The Committee may adopt such additional

policies, procedures and rules as it deems

necessary or convenient to govern its affairs

and which are consistent with this Ordinance.

SECTION 7. PROHIBITED ACTS It shall be a violation of this

Ordinance for any person to:

(a) Conduct or participate in any Class II or Class III

gaming operation on the Reservation, or other tribally owned

land(s) under this tribal jurisdiction, other than at the

gaming facilities.

(b) Receive, distribute, apply or direct any property, funds,

proceeds or other assets of the gaming operation to the

benefit of any individual or any other person except as

authorized by this Ordinance, Ordinance No. 95-001 the

Contract or the Act.

(c) Tamper with any equipment used in the conduct of tribal

gaming operations with the intent to cause any person to win

or lose any wager other than in accord with the publicly

announced rules of such gaming operations.

(d) Do any other act in connection with the conduct of the

tribal gaming operations with the intent to affect the outcome

of any wager other than in accord with the publicly announced

rules of such gaming operations.

(e) To alter or misrepresent the outcome or other event on

which wagers have been made after the outcome is determined,

but before it is revealed to the players.

(f) To place, increase or decrease a bet or to determine the

course of play after acquiring knowledge, not available to all

13
players, of the outcome of the game or any event.

(g) To possess, with ~the intent to use, any device to assist

in projecting the outcome of the game, in keeping track of the

cards played, in analyzing the probability of the occurrence

of an event relating to the game, or in analyzing the strategy

for playing or betting to be used in the game.

(h) To use any device or means to cheat, or to possess any

such device while at the gaming facility.

(1) Knowingly to entice or induce another to go to any place

where gaming is being conducted or operated in violation of

the provisions of federal law or Tribal Ordinance(s), with the

intent that the other person play or participate in that

gaming.

CERTIFICATION

We, the undersigned Tribal Council officials of the Utu Utu Gwaitu

Paiute Tribal Council, Benton Paiute Reservation, at a special

called Tribal Council meeting, held on August 07, 1995, in which a

quorum was present, enacted this Ordinance No. 95002 by a vote of

2 FOR, ~ AGAINST, 0 ABSTAINING and this Ordinance has not

been rescinded or amended in any manner. The Tribal Chairperson

only votes in case of a tie, pursuant to the Tribal Constitution,

but his/her present is part of the quorum.

~~, (~}

Rose Marie Saulc~j~oBahe Chairperson

ATTESTED:

Veitha E. Race, Secretary/Treasurer

14