COQUILLE INDIAN TRIBE
Chapter 198
GAMING ORDINANCE

(b) Net revenues from such Gaming Activity are used in accordance with CITC
198.100 (2) of this Ordinance;

(c) Such Gaming Activity is subject to annual outside audits, which may be
encompassed within existing independent tribal audit systems, and provided to the
Tribal Council;

(d) All contracts (except contracts for professional legal and accounting services) for
supplies, services, or concessions for an aggregate amount in excess of $25,000
annually relating to such gaming are also subject to independent audits;

(e) The construction and maintenance of the gaming facility, and the operation of that
gaming, is conducted in a manner which adequately protects the env0ironment and
the public health and safety; and

(f) All primary management officials and key employees of the Class II and Class III
Gaming Operation have successfully passed a background investigation, the
procedure and scope of which is approved by the Tribe and the NIGC and obtain a
license from the Commission.

5. Non-tribal Entity Licenses for Class II and/or Class III Gaming.

(a) Gaming owned by a non-tribal entity shall not be allowed on the Tribe’s Indian lands
except as provided in this Ordinance.

(b) The Commission may license and regulate Class II Gaming Activities owned by any
person or entity other than the Tribe and conducted within the Tribe's jurisdiction, only if
the requirements described in CITC 198.200 are met and are conducted in a manner that is
at least as restrictive as the regulations established by Oregon State law, including
licensing standards, governing similar gaming within its jurisdiction, and including state
law standards regarding purpose, entity, pot limits and hours of operation.

(c) No person or entity, other than the Tribe, shall be eligible to receive a license from the
Commission to own a Class II and/or Class III Gaming Activity conducted within the
Tribe's jurisdiction if such person or entity would not be eligible to receive a license from
the State of Oregon to conduct the same activity within State jurisdiction.

(d) Such licenses are only valid so long as the Licensee and the Tribe comply, at a minimum,
with the following provisions:

(1) Income to the Tribe from such gaming is used only for the purposes described in CITC
198.100 (2) of this Ordinance, and

(2) Not less than 60 percent of the net revenues is income to the Tribe, and

(3) The owner of such Gaming Operation pays the appropriate assessment levied by the
NIGC.

6. Gaming Employee Licenses.
(a) All Gaming Employees, including primary management officials and ey Employees, must

Adopted 2/25/95 Page-19
Amended and Restated ‘9



Resolution CY19111
Adoption of Amendments to the Tribal Gaming Ordinance
Page 2

CERTIFICATION

The foregoing Resolution was duly adopted at the Tribal Council Meeting held on the Coquille
Indian Tribe Reservation in North Bend, Oregon, on October 24, 2019, with the required quorum
present by a vote of

For;__O Against; © Absent; © Abstaining.

“FS Ped idic Qe

Brenda Meade, | ( Linda Mecuny,
Chairperson Secretary-Treasurer

Ce: Brett Kenney, Lael Echo-Hawk


COQUILLE INDIAN TRIBE
Chapter 198
GAMING ORDINANCE

and ensure integrity, security, honesty, and fairness of the operation and administration of all

Gaming Activity. Subject to the terms of this Ordinance, the Chairman's duties shall include but

not be limited to the following:

(a) Negotiate contracts for payments by the Commission for the provision of security and
other professional services;

(b) Correspond with the NIGC and take actions necessary to complete compliance with the
rules and regulations of that agency.

(c) Cause to be conducted independent audits of Gaming Operations annually and submit
the results of those audits to the NIGC.

(1) Annual audits shall conform to generally accepted auditing standards.

(2) All gaming-related contracts that result in the purchase of supplies, services
or concessions for more than $25,000 in any year (except contracts for
professional legal and accounting services) shall be specifically included
within the scope of the audit

(3) Copies of the annual audit of each licensed Gaming Operation, and each
audit for supplies, services or concessions of each Gaming Operation, shall
be furnished to the NIGC within one hundred twenty (120) days after the
end of each fiscal year of the Gaming Operation.;

(d) Assure that all Gaming Activity, including construction, maintenance and operation of the
gaming facility is conducted in a manner which adequately protects the environment and
the public health and safety;

(e) Prescribe an adequate system, which ensures that background investigations are
conducted on all gaming licenses, including but not limited to primary management
officials and key employees of any Gaming establishment and that oversight of such
officials and their management is conducted on an ongoing basis consistent with CITC
198.400 below and 25 C.F.R. parts 556 and 558. The Chairman will recommend to the
Commission, which shall have final authority, on the granting of tribal licenses. The
Chairman shall immediately notify the NIGC of the issuance of licenses for primary
management officials and key employees. The Chairman will review all applications
and background investigations to ensure that no person shall be eligible for
employment in or with any part of the Gaming Operation if that person's prior
activities, criminal record, if any, and reputation, habits and associations pose a threat
to the public interest or to the effective regulation of gaming, or create or enhance the
dangers of unsuitable, unfair, or illegal practices and methods and activities in the
conduct of gaming;

(f) Hire such professional, clerical, technical, and administrative personnel as may be
necessary to carry out the provisions of this Ordinance;

(g) Review all records, documents, and anything else necessary and pertinent to
enforcement of any provisions of this Ordinance;

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COQUILLE INDIAN TRIBE
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GAMING ORDINANCE

12.

13.

14.

be issued:

(a) In the case of applicants for High Security Employee (as defined in the Compact)
positions, until thirty (30) days after the individual’s or entity’s application has been
submitted and processed in accordance with the Commission’s regulations;

(b) In the case of applicants for Low Security Employee (as defined in the Compact)
positions, until after the individual’s or entity’s application has been submitted and
processed in accordance with the Commission’s regulations.

(c) In the case of applicants for key employees or primary management officials, until after
the Commission provides notice to the NIGC of the information required in CITC
198.200(16)(b)(2), provided however, such temporary license shall not be valid for a
period greater than ninety (90) days. In the event the temporary license of a key
employee or primary management official expires prior to the issuance of a full (non-
temporary) license, such key employee or primary management official shall not work or
exercise any authority until such time as a valid (not-temporary) license is issued.

Parameters of License. - Acceptance of a Gaming License or renewal thereof, or condition
imposed thereon, by a Licensee, constitutes an agreement on the part of the Licensee to be bound
by all the regulations and conditions of the Commission and by the provisions of this Ordinance
as the same are now, or may hereafter be amended or promulgated, and to cooperate fully with
the Commission. It is the responsibility of the Licensee to keep informed of the contents of all
such regulations, amendments, provisions, and conditions, and ignorance thereof will not excuse
violations. The Commission shall use reasonable efforts to notify all Licensees of changes in
regulations. Violation of any provision of this Ordinance or any of the Commission's
regulations by a Licensee, their agent, or their employee shall be deemed grounds for refusing to
grant or renew a license, suspension or revocation of a license, and shall constitute grounds for
the filing of charges by the Commission.

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

Privacy Notice:

(a) All applications for Gaming Licenses, including but not limited to key employees and
primary management officials shall include the following notice:

“In compliance with the Privacy Act of 1974, the following information is provided:
Solicitation of the information on this form is authorized by 25 U.S.C. 2701 et seg. The
purpose of the requested information is to determine the eligibility of individuals to be

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Chapter 198
GAMING ORDINANCE

Gaming Location” and Exhibit I to the Tribe’s Gaming Compact with the State of Oregon,
attached hereto as Addendum A, but excluding that portion of the 11.88 acres title to which is
vested to the State of Oregon as submerged lands, if any.

(0) “Gaming Operation” means the Gaming Enterprise operated by the Tribe or any of its
wholly-owned affiliate entities, and includes Gaming Activity subject to a Management
Contract approved under this Ordinance.

(p) "Gross Revenue" means the total monetary value that would be due to any operator of a
Gaming Activity for any chance taken, for any table fees for card playing, or other fees
charged for participation or admittance, as evidenced by required records. The value shall
be stated in U.S. currency, before any deductions or allowances for prizes, pay out of
winnings, cost of operation, promotional expenses, taxes, labor expenses, equipment or
materials used, or any other expenses. In the absence of records, gross revenue shall be the
maximum that would be due to an operator from that particular activity if operated at
maximum capacity.

(q) “Immediate family member” means an individual’s father, mother, son, daughter,
husband, wife, brother, sister, stepparent, stepchild, parents-in-law, brothers and sisters-in
law or any other person living in the individual’s household.

{r) "Indian Land" means;

(1) Any lands title to which is either held in trust by the United States for the
benefit of the Coquille Indian Tribe, or held by the Coquille Indian Tribe
subject to restriction by the United States against alienation and over which
the Coquille Indian Tribe exercises governmental power; and

(2) Any lands title to which is either held in trust by the United States for the benefit
of the individual Indian or held by an individual Indian subject to restriction by the
United States against alienation and over which the Coquille Indian Tribe
exercises governmental power.

(s) "Key Employee" means a Gaming Employee meeting any of the following criteria:
(1) Gaming Employee who performs one or more of the following functions:

Bingo caller, or,

Counting room supervisor, or,

Chief of Security, or,

Custodian of gaming supplies or cash, or

Floor manager, or

Pit boss, or,

Dealer, or,

Croupier, or,

Approver of credit, or,

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FOE mo ae sp



COQUILLE INDIAN TRIBE
Chapter 198
GAMING ORDINANCE

3. This Ordinance and regulations shall be produced by the Commission to any person upon written
request to the Commission.

4. Compliance with Other Laws - The construction, maintenance and operation of any facility in
which Gaming Activities are to take place shall be in a manner which adequately protects the
environment and the public health and safety and shall comply with any otherwise applicable
tribal and federal laws relating to environmental protection and public health and safety.

5. Amendments - All provisions of this Gaming Ordinance are subject to amendment by the
Coquille Tribal Council. All regulations promulgated by the Commission are subject to proper
revision, repeal, or amendment by the Commission.

6. No Waiver of Sovereign Immunity. - Nothing herein shall be interpreted as empowering the
Commission to waive the Tribe’s or the Commission’s immunity from suit. Any contract or
other agreement that provides for such waiver shall be void unless ratified by the Tribal Council.

7. Severability - If any provision of this Ordinance, or its application to any purpose or
circumstance, is held invalid by a court of competent jurisdiction, the full remainder of the
provision, or the application of the provision through another person or circumstance, shall not
be affected.

8. Interpretation. - In any action (excluding disputes between the Commission and Tribal
Council) regarding the interpretation of the provisions of this Code, deference should be given
to the Commission’s interpretation unless it is arbitrary, capricious and/or contrary to law. This
Ordinance at times makes reference to specific regulations of the NIGC. The lack of a specific
reference to NIGC in other circumstances is not to be interpreted as an exception to compliance
with an applicable NIGC regulation. At all times, this Ordinance is to be interpreted consistent
with all NIGC regulations then in effect, provided however, that the Commission or the Tribe
reserves the right to challenge the validity or applicability of an NIGC regulation.

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GAMING ORDINANCE

have a gaming license issued by the Tribe.

(b) Non-Gaming Employees shall not be issued a Gaming License unless they have been
designated a Key Employee or primary management official by the Tribe.

(c) The Commission is responsible for granting and issuing gaming licenses to primary
management officials, key Gaming Employees and other designated employees.

(d) The Commission shall consult with appropriate law enforcement officials concerning any
gaming licenses it may issue. If, after issuance of a gaming license by the Commission,
reliable information is received from an entity other than the NIGC, that a Gaming Employee
does not meet the standard established under this Ordinance, the Commission may suspend
such license and, after notice and hearing, may revoke such license. If such information is
provided by the NIGC, the Commission shall take action on the license as set forth in this
Ordinance.

7. Non-Gaming Employees.
(a) Non-Gaming Employees will be issued a Non-Gaming Permit by the Commission
which, once issued, shall not be subject to suspension or revocation by the Commission.

(b) Non-Gaming Employees shall be subject to the backgrounding requirement of this
Ordinance, however the Hecisionsiext whether to employ the individual will be at the
discretion of the Gaming Operation.

(c) Non-Gaming Permits shall be rescinded without prejudice when the Non-Gaming
Employee is separated for any reason from the Gaming Operation.

(d) Non-Gaming Employees will be issued a identification card indicating their status as a
Non-Gaming Employee and shall be prohibited from entering areas of the gaming facilities
related to gaming which are not otherwise open to the public including but not limited to
those areas specifically related to Gaming Activities such as the vault, server room,
surveillance room, cage, or other designated areas within the Gaming Facility.

(e) Commission may implement and charge a fee to cover the cost of the background
investigation and identification card issuance.

8. Class III Gaming Activities.

(a) The Commission may license a Class III Gaming Activity when:

(1) Such gaming meets the requirements of this Ordinance; and

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COQUILLE INDIAN TRIBE
Chapter 198
GAMING ORDINANCE

(1) Non-Gaming Vendors supplying less than $25,000 in goods or services during any
calendar year;

(2) Vendors supplying only accounting or legal services; and

(3) Non-Gaming Vendors supplying only food, beverage, gift shop, advertising, non-
gaming promotional, entertainment, marketing goods and services or other contracted
services not associated with Gaming Activities including but not limited to gift shop,
valet, RV Park or hotel services.

(b) Non-Gaming Vendors shall register with the Commission by providing federal tax
identification number, legal structure of business, and list of principals in the business.

(c) Upon completion of the registration form the Non-Gaming Vendor may be issued a
temporary identification card if they will be accessing non-public areas including but not
limited to the kitchen, employee break rooms, or other non-gaming back-of-the-house
areas.

(d) Non-Gaming Vendors shall not be subject to Gaming Vendor backgrounding requirements.

(e) Commission may implement and charge a fee to cover the cost of registration.

198.300 Management Contracts
1. Commission Approval Required.

(a) Any management contract entered into by the Tribe for the operation and management
of Class II or Class III Gaming Activity must be submitted to the Commission for
approval, but, before approving such contract, the Commission shall require and obtain
the following information:

(1) The name, address, and other additional pertinent background information on each
person or entity (including persons comprising such entity) having direct financial
interest in, or management responsibility for, such contract, and, in the case of a
corporation, those individuals who serve on the board of directors of such
corporation and each of its stockholders who hold (directly or indirectly) 10 percent
or more of its issued and outstanding stock; and

(2) A description of any previous experience that each person listed pursuant to
subparagraph (1) has had with other gaming contracts with Indian tribes or with the
gaming industry generally, including specifically the name and address of any

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constitute a violation of this code to fail to disclose, to mislead or to misstate any such

material information to the Commission, or to any Licensee's employer.

(b) At a minimum, the application for any Gaming Employee, including but not limited to
primary management official and key employees shall request the following information:
(1) Full name, other names used (oral or written), social security number(s), birth date,

place of birth, citizenship, gender, all languages (spoken or written);

(2) Currently and for the previous five years: Business and employment positions held,
ownership interests in those businesses, business and residence addresses, and
driver's license numbers;

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

(4) Current business and residence telephone numbers;

(5) A description of any existing and previous business relationships with Indian tribes,
including ownership interests in those businesses;

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

(7) The name and address of 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;

(8) For each felony for which there is an ongoing prosecution or a conviction, the charge,
the name and address of the court involved, and the date and disposition if any;

(9) For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding
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;

(10) For each criminal charge (excluding 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, the criminal charge, the name and address of the court
involved and the date and disposition;

(11) The name and address of any 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 photograph;

(13) Any other information the Tribe deems relevant; and

(14) Fingerprints consistent with procedures adopted by the Commission consistent with
NIGC regulations in effect.

11. Temporary Employment Licenses. - The Commission may issue a temporary gaming license to
any person or entity that has applied for a Gaming License. A temporary gaming license may not

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COQUILLE INDIAN TRIBE

3050 Tremont Street North Bend, OR 97459
Phone: (541) 756-0904 Fax: (541) 756-0847
www.coquilletribe.org

RESOLUTION
CY19111

ADOPTION OF AMENDMENTS TO THE TRIBAL GAMING ORDINANCE

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

(CITC CHAPTER 198)

the Coquille Indian Tribe ("Tribe") is a federally recognized Indian tribe pursuant
to the Coquille Indian Restoration Act of June 28, 1989, 25 U.S.C. § 715, et seq.
("the Act"); AND

the Tribe is governed by the Coquille Tribal Council pursuant to the Tribal
Constitution adopted by eligible voters of the Tribe on August 27, 1991, and
approved by the Secretary of the Interior on September 9, 1991; and the Tribal
Council is empowered to establish Tribal policies, enact Tribal laws and act for
the Tribe; AND

on September 12, 2019, the Tribal Council adopted Resolution CY19092, which
approved certain revisions to the Tribal Gaming Ordinance and directed Tribal

officials to advertise the proposed revisions to solicit Tribal member comment;
AND

the required comment period has passed, and the Tribal Council has considered
the comments from Tribal members; AND

based on additional advice from the Tribe’s legal counsel, the Tribal Council
wishes to adopt a final version of this ordinance that includes additional
provisions to more clearly define the roles and responsibilities of gaming
management and the Gaming Commission; NOW

THEREFORE, BE IT RESOLVED, that the Tribal Council adopts the amendments to the
Gaming Ordinance as set forth in the attached Exhibit A, provided that these amendments shall
become effective only after they are approved by the National Indian Gaming Commission; AND

THEREFORE, BE IT FINALLY RESOLVED, that the Tribal Chairperson or in her absence
or unavailability, the Tribal Vice Chairperson, shall have the authority to sign all documents
needed to give this resolution full force and effect.


COQUILLE INDIAN TRIBE
Chapter 198
GAMING ORDINANCE

law. Other than disclosures required by this Ordinance or Commission regulations, no
Commissioner shall participate in discussions or voting regarding matters directly involving
immediate family members.

198.200 Licensing

1. Gaming License Required. - Any person seeking to conduct, operate, or manage Gaming
Activities, be employed as a Gaming Employee at any Gaming Operation, or distribute or sell
gaming equipment used in the conduct of Gaming Activities shall apply for, and receive, all the
required licenses from the Commission. Engaging in such Gaming Activities without first
obtaining the required licenses shall be deemed a violation of this Ordinance and shall be
punishable in accordance with CITC 198.100 (20) (21) & (22). This provision shall not preclude
the Commission from entering into consulting contracts for services, the payment of which is
fixed and not determined by a percentage of the net profits from the Gaming Operation;
provided, that each such contract shall be disclosed in advance to the Tribal Council
Chairperson.

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

(b) A majority vote of a quorum of the Commission is required to approve of any license
issued pursuant to this Ordinance.

(c) A license will not be issued to a person whose license has previously been revoked
pursuant to this Ordinance, or to whom the issuance of renewal of a license has been
denied, except with the majority approval of the Commission members.

(d) |The Commission shall set a reasonable fee to cover the costs associated with applications,
background investigations, licenses and permits. All such fees shall be made payable to the
Coquille Tribal Gaming Commission and delivered to the Coquille Tribe's Accounting
office.

2. Authorization of Class I Gaming Activity. - The Commission may authorize Class I Gaming
Activity to be played on Indian lands that are within the jurisdiction of the Tribe.

3. Facility License.

(a) A separate license issued by the Commission shall be required for each place, facility, or
location within the Tribe's jurisdiction at which any Class II or Class III Gaming Activity
is conducted.

(1) The Commission shall submit to the Chairman of the NIGC notice that a facility
license is under consideration for issuance at least one hundred and twenty (120)
days before opening any new place, facility, or location on Indian lands where class
II or III gaming will occur.

(2) The notice shall contain the following:

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COQUILLE INDIAN TRIBE
Chapter 198
GAMING ORDINANCE

4. No Authority over Non-Gaming Activities. -The Commission is prohibited from regulating,
exerting authority over or otherwise interfering in non-Gaming Activities of the Gaming
Operation including, but not limited to, non-Gaming Assets, personnel decisions, entertainment
venues, lounge, valet, gift shop, food and beverage, hotel, marketing, non-gaming promotions
or any other non-Gaming Activity conducted by the Gaming Operation in the Gaming Facilities
as an amenity to the Gaming Activities

5. Conflict of Interest Policy.

(a) The Commission shall establish a Conflict of Interest policy to ensure the high degree of
integrity, objectivity, and professionalism of the Commission. The purpose of this policy
is to establish a standard of conduct relating to real, potential or apparent Conflicts of
Interest to ensure that personnel of the Commission act in the best interests of the
Commission and the Tribe.

(b) The Conflict of Interest policy shall at a minimum, provide that:

(1) All Commissioners shall disclose to the full Commission, in writing, all material facts
regarding any real, potential or apparent Conflict of Interest.

(2) If requested by the Commission, all Commissioners shall consult with the full
Commission whenever any Commissioner has any question as to a real, potential or
apparent Conflict of Interest and provide all material information requested by the
Commission.

(3) Whenever any Commissioner has any information regarding a real, potential or
apparent Conflict of Interest regarding any Commissioner, they shall present such
information to the full Commission.

(4) A Commissioner shall not display favoritism in official actions, personnel matters, or
other Commission business involving an immediate family member.

(5) A Commissioner shall not sign off on, approve, vote on, or participate in, any
discussion about a resolution regarding a matter in which there is a Conflict of Interest
involving the Commissioner or the Commissioner’s immediate family member.

(6) A Commissioner shall not place itself in a position of obligation to persons who might
benefit or appear to benefit from special consideration with respect to Commission
actions.

(7) A Commissioner shall not have a monetary interest that would conflict with the
discharge of the duties owed to the Commission.

(8) A Commissioner shall not disclose, discuss, use, take advantage of, benefit or appear to
benefit from the use of information not generally available to the public and which has
been acquired during its official Commission duties.

(9) The Commission shall maintain a record of all disclosed real, potential or apparent
Conflicts of Interest, and shall make this record available to the Tribal Council or the
Tribal Council’s duly authorized agent or representative.

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from the list.

Prohibition Against Listed Individuals. - It shall be a violation of this Ordinance for any
Licensee who knowingly fails to exclude or eject from the Gaming Operation any persons
placed on the list referred to in CITC 198.600(1). It shall be a violation of this Ordinance for any
person whose name appears on the list referred to in CITC 198.600(1) to enter into or engage in
any game at a duly licensed Gaming Operation.

Nothing in this may be interpreted to prevent the Gaming Operation from refusing service to any
person.

4. Prohibition Against Certain Individuals. - It shall be a violation of this Ordinance for any
Licensee who knowingly fails to exclude or eject from the Gaming Operation any individual
who:

(a) Is visibly under the influence of liquor or any narcotic or such other substances; or
(b) Is to be excluded per the provisions of the tribal-state Compact.

198.700 Cheating

1. Unlawful Acts. - It is unlawful and a violation of this Ordinance, punishable by the Commission,
for any person:

(a) To alter or misrepresent the outcome of a game or other event on which wagers have been
made after the outcome is made sure but before it is revealed to the players;

(b) To place, increase or decrease a bet or to determine the course of play after acquiring
knowledge, not available to all players, of the outcome of the game or knowledge of any
event that affects the outcome of the game or knowledge that is the subject of the bet or
wager;

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

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

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

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

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

(h) To manipulate with intent to cheat, any component of a gaming terminal or any tangible
device used in connection with the Gaming Activity in a manner contrary to the designed

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COQUILLE INDIAN TRIBE
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(d) Any person listed in CITC 198.300(1)(a)(1) is an elected member of the Tribal
Council.

6. Modifying or Voiding Contract. - The Commission, after notice and hearing, shall have the
authority to require appropriate contract modifications or may void any contract if it
subsequently determines that any of the provisions of this Ordinance have been violated.

7. Conveying Interest in Land. - No management contract for the operation of a Gaming Activity
regulated by this Ordinance shall transfer or, in any other manner, convey any interest in land or
other real property, unless specific applicable statutory authority exists and unless clearly
specified in writing in said contract.

8. Fee for Investigation Cost. - The Commission may require a potential contractor to pay a fee to
cover the cost of the investigation necessary to reach a determination required in CITC
198.300(5) of this Ordinance.

198.400 Auditing and Internal Control

1. Minimum Procedures for Control of Internal Fiscal Affairs. - The Commission shall promulgate
regulations for control of internal fiscal affairs of all Gaming Operations. At a minimum, those
regulations shall:

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

(b) Prescribe minimum reporting requirements to the Commission;

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

(d) Formulate uniform minimum internal control standards (MICS) of accounts and
accounting classifications to assure consistency, comparability and effective disclosure of
financial information.

(1) Regarding Class II gaming only, such MICS shall be at least as stringent as the
standards established by the NIGC, as may be amended from time to time.

(2) Such MICS shall require that records be retained that reflect statistical drop
(amount of cash wagered by patrons), statistical win/loss (amount of cash won/lost
by the Gaming Operation) and the percentage of win/loss to drop, or provide
similar information, for each type of game, or each gaming device;

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

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(1) All employees of the Gaming Operation who exercise authority over daily
operation of the gaming, including the authority to hire and fire employees, to
supervise employees or to establish operational policy for the Gaming Operation.
Such officials shall include, but not be limited to, all owners, officers, shareholders
with greater than a ten percent (10 %) ownership interest, or partners of the
management contractor, if any;

(2) Any person who has the authority:

a. To hire and fire Gaming employees; or
b. To set up working policy for the Gaming Operation; or
c. The Chief Financial Officer or other person who has financial management
responsibility over the Gaming Operation;

(3) A person having management responsibility under a management contract; and

(4) A person(s) designated as primary management official(s) in the Tribal-State
Compact.

(dd) "Regulation" means the regulations of the Commission under this Ordinance.

(ee) "Reservation" when not qualified, means the Coquille Indian Reservation, and any
other lands designated as reservation lands by the Secretary of the Department of
Interior, and all lands that qualify as Reservation under the terms of the Coquille
Restoration Act of June 28, 1989. 25 U.S.C. §§ 715 et seq.

(ff) “Safeguard the Assets” or “Protect the Assets” of the Gaming Operation means
regulating the Gaming Activities of the Gaming Operation and any other Gaming
Activities on Indian lands in order to ensure that those Gaming Activities are
conducted in accordance with the Indian Gaming Regulatory Act, the Compact (if
applicable to that particular Gaming Activity), and this Chapter. It does not include
regulation of or over items or property owned and operated by the Tribe, Gaming
Operations or the Enterprise that are not used to facilitate Gaming Activities, which
include but are not limited to, food and beverage inventory, gift shop inventory,
hotel inventory, vehicles, valet, any other non-gaming items or property, or the
revenues derived from any non-Gaming Activities.

(gg) "Services" means labor provided by one person to or for another, where such labor
is provided in pursuit of the purpose of gaming pursuant to this code or facilitates
the operation of the Gaming Operation in any manner.

(hh) "Tribal Court" means the Tribal Court of the Coquille Indian Tribe.

(ii) "Tribal-State Compact" or "Compact" means a written document, either negotiated
and agreed to by the Coquille Tribe and an official or agency of the State of Oregon
or prescribed by the Secretary pursuant to 25 U.S.C. 2710 (7) (B) (vii), governing

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COQUILLE INDIAN TRIBE
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j. Custodian of gambling devices, including persons with access to cash and
accounting records within such devices; or
(2) Ifnot otherwise included, any other Gaming Employee whose total cash
compensation is in excess of $50,000 per year; or

(3) Ifnot otherwise included, the four most highly compensated persons in the
Gaming Operation; or

(4) Ifnot otherwise included, any “Key employee” as defined by the tribal-state
Compact

(5) Ifnot otherwise included any “Key employee” as defined by 25 C.F.R. subsection
502.14, as may be amended from time to time.

(t) "Licensee" means any person or facility who has been issued a valid and current license
by the Commission pursuant to the provisions of this Gaming Ordinance.

(u) "Net Revenue" means gross revenues of a Gaming Activity less amounts paid out as, or
paid for, prizes and total gaming-related operating expenses, including all those expenses of
the Gaming Operation commonly known as operating expenses and non-operating expenses consistent
with professional accounting pronouncements, excluding management fees.

(v) “Non-Gaming Employee” means those employees other than Gaming Employees
employed by the Gaming Operation. Such Non-Gaming Employees, for example, may
include but are not limited to, gift shop, RV park, valet, hotel, food and beverage, and
entertainment employees.

(w) "Management Contract" means any contract, subcontract, or collateral agreement
between the Coquille Tribe and a contractor or between a contractor and sub-contractor,
if such contract or agreement provides for management of all or part of a Gaming
Operation.

(x) "Management Fee" means any monies paid from gaming revenue to any person (not an
employee) or to any entity contracted and/or licensed to operate or manage a Gaming
Operation. Such term shall not include monies paid for operating expenses.

(y) “National Indian Gaming Commission (NIGC)” means the federal regulatory entity
established by IGRA

(z) “Operating Expense" shall include all monies that are reasonably attributed to
maintaining and operating the Gaming Activities, reasonable salaries paid to employees,
and non-Gaming Activities that are reasonably related to promoting business in the
Gaming Operation;

(aa) "Patron" means any person or group of persons who participate as players in Gaming
Activities as defined by this Ordinance, or who are physically present in Gaming Facilities
wherein such Gaming Activities occur.

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

(cc) "Primary Management Officials" shall include:

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COQUILLE INDIAN TRIBE
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GAMING ORDINANCE

(A) The name and address of the property;

(B) A legal description of the property;

(C) The tract number for the property as assigned by the Bureau of Indian Affairs,
Land Title and Records Offices, if any;

(D) If not maintained by the Bureau of Indian Affairs, Department of the Interior, a
copy of the trust or other deed(s) to the property or an explanation as to why such
documentation does not exist; and

(E) Ifnot maintained by the Bureau of Indian Affairs, Department of the Interior,
documentation of the property's ownership.

(F) acopy of the written attestation set forth in subparagraph (5), below.

(3) This subsection (a) shall not apply to facilities where the only gaming conducted are
occasional charitable events lasting not more than one week.
(4) The Commission shall submit to the Chair of the NIGC within thirty (30) days:

(A) A copy of each issued or renewed facility license within thirty (30) days of
issuance.

(B) Notice if a facility license is terminated or expires or if a gaming place, facility,
or location closes or reopens This subparagraph (B) shall not apply to seasonal
closures or temporary closures with a duration of less than one hundred -eighty
(180) days

(5) The Commission shall not issue a facility license unless the Tribe (or its political
subdivision or affiliate) provides a written attestation that the construction and
maintenance of the gaming facility, and the operation of that gaming, is conducted in

a manner which adequately protects the environment and the public health and

safety.

(A) Such attestation must state that the Tribe (or its political subdivision) has
identified and enforces laws, resolutions, codes, policies, standards or
procedures applicable to each gaming place, facility, or location that protect the
environment including the public health and safety, including standards, under
the tribal-state compact in effect.

(B) The attesting entity, if requested by the Commission or the Chair of the NIGC,
must be able to provide applicable and available Indian lands or environmental
and public health and safety documentation.

4. Class II Gaming License. The Commission shall not license and regulate a tribally
owned Class II Gaming Activity unless —

(a) Such Gaming Activity is located on Indian lands within the Tribe's jurisdiction, and
the State of Oregon permits such gaming for any purpose by any person,
organization or entity (and such gaming is not otherwise specifically prohibited on
Indian lands by Federal laws);

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GAMING ORDINANCE

Tribe’s Constitution is duly amended to allow for such payments and the Department
of the Interior has approved a per-capita distribution plan, and in such event, per-
capita distributions shall only be lawful to the extent consistent with the approved
per-capita distribution plan in effect.

(b) Net revenues will go entirely to the Tribe and will be used solely for the following
purposes:

(1) To fund tribal government operations or programs;

(2) To provide for the general welfare of the Tribe and its members;
(3) To promote tribal economic development;

(4) To donate to charitable organizations; or

(5) To help fund operations of local government agencies.

3. Establishment of Commission. - The Coquille Tribal Gaming Commission is hereby reaffirmed
as an existing division of the Tribe. The Commission in office on October 24, 2019, shall remain
in place, subject to the terms of this Ordinance.

(a) The Gaming Commission reports directly to the Tribal Council.

(b) Any Commissioner that is lawfully in office as of the date of approval of these
amendments to this Ordinance is deemed to be a duly appointed Commissioner under this
Ordinance.

(c) A Commissioner may be disciplined, suspended with or without pay or removed from
office only for cause by a majority vote of the Tribal Council. For the purposes of this
Section, “For Cause” includes, but is not limited to: criminal conviction, gaming license
ineligibility, work performance issues, work or non-work behavior issues, repeated
progressive disciplinary issues, violation of applicable law, including this Ordinance,
exercise (or attempted exercise) of authority beyond the scope of that delegated to the
Commission or any combination of these items.

(d) Commissioners shall be appointed by Tribal Council resolution.

(e) | The Commission shall be comprised of no less than three (3) members. Unless a
different number of Commissioners is set by Tribal Council resolution, the Commission shall
initially consist of five (5) members.

(f) Vacancies shall be promptly filled by Tribal Council resolution, unless a vacant
position is eliminated by Tribal Council Resolution.

(g) Commissioners and agents must at all times meet the suitability standards for, and
submit to the background investigation required of, primary management officials.

(h) Commissioners may not hold other tribal gaming positions (including positions with
any affiliate or division of the Tribe) or engage in other gaming-related employment.
Commissioners may engage in business, which is not subject to the provisions of this Gaming
Ordinance. Commissioners shall not gamble in the Gaming Operation and shall not have any
personal financial interest in any gambling by any patron.

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COQUILLE INDIAN TRIBE
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GAMING ORDINANCE

granted a gaming license. The information will be used by the Tribal gaming regulatory
authorities and by the National Indian Gaming Commission (NIGC) members and staff
who have need for the information in the performance of their official duties. The
information may be disclosed by the Tribe or the NIGC to appropriate Federal, Tribal,
State, local, or foreign law enforcement and regulatory agencies when relevant to civil,
criminal, or regulatory investigations or prosecutions or when pursuant to a requirement by
a tribe or the NIGC in connection with the issuance, denial, or revocation of a gaming
license, or investigations of activities while associated with a tribe or a Gaming Operation.
Failure to consent to the disclosures indicated in this notice will result in a tribe's being
unable to license you for any Gaming Employee position.

The disclosure of your Social Security Number (SSN) is voluntary. However, failure to
supply a SSN may result in errors in processing your application.

A false statement on any part of your license application may be grounds for denying a
license or the suspension or revocation of a license. Also, you may be punished by fine or
imprisonment (U.S. Ordinance, title 18, section 1001).”

(b) The Commission shall notify in writing any existing Gaming Employee, including but not
limited to key employees and primary management officials, whose most recent
application did not contain the Privacy Act notice set forth in subsection (a) that they shall
either:

(1) Complete a new application form that contains a Privacy Act notice; or
(2) Sign a statement that contains the Privacy Act notice and consent to the routine uses
described in that notice.

15. Report to and Consultation with the NIGC:

(a) For all primary management officials or a key employees, the Gaming Enterprise shall
maintain a complete application file containing the information listed under CITC
198.200(10);

(b) Before issuing a Gaming License to a primary management official or to a key employee,
the Commission shall:

(1) Create and maintain an investigative report on each background investigation. An
investigative report shall include, at a minimum, all of the following:
(A) Steps taken in conducting a background investigation;
(B) Results obtained;
(C) Conclusions reached; and
(D) The basis for those conclusions; and
(2) Submit a notice of results of the applicant's background investigation to the NIGC no
later than sixty (60) days after the applicant begins work. The notice of results shall
contain:
(A) Applicant's name, date of birth, and social security number;
Adopted 2/25/95 Page-24
Amended and Restated ‘AQ



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January 29, 2020

VIA FACSIMILE AND FIRST CLASS MAIL

Ms. Brenda Meade, Chairperson
Coquille Indian Tribe

3050 Tremont Street

North Bend, OR 97459

Re: Amended Gaming Ordinance
Dear Chairperson Meade:

This letter is to inform you that the Coquille Tribe of Oregon’s (Tribe) Amended Gaming
Ordinance, authorized by CY19111 on October 24, 2019, and received by the NIGC October 30,
2019, is approved by operation of law.

Pursuant to the Indian Gaming Regulatory Act, the NIGC Chair has ninety days from the
date of submission to either approve or disapprove a gaming ordinance.' Any ordinance not
acted upon at the end of the ninety day period is considered to have been approved by the Chair
to the extent it is consistent with the provisions of IGRA.? Because no action was taken by the
Chair within the ninety-day period, the Tribe’s amended ordinance is considered approved to the
extent it is consistent with IGRA. It is the opinion of the Office of General Counsel that the
Gaming Ordinance is compliant with the requirements of IGRA and NIGC regulations.

If you have any questions, please feel free to contact Staff Attorney Heather McMillan
Nakai at (202) 527-5577.

Sincerely,

Mecho Loy -—

Michael Hoenig

125 U.S.C. § 2710(e).
2 Id.

ton, DC 20240 Tel: 202.632.7003 Fax: 202.

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Stree

REGIONAL OFFICES Portland, OR; Sacramento, Isa, OK; Oklahoma City, OK

WWW.NIGC.GOV


COQUILLE INDIAN TRIBE
Chapter 198
GAMING ORDINANCE

(b)

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authority to deny any application, to revoke, limit, condition, suspend, or restrict any
license; make a finding of suitability or approval of a license; or to impose a fine upon
any person licensed, for any cause deemed reasonable by the Commission.

Notwithstanding the other provisions of this Ordinance, the Tribal Council may require
the Commission to comply with Tribal laws governing administrative and procedural
matters, provided that such laws shall not apply to the extent that they limit the
Commission’s independent exercise of regulatory and confidentiality duties established
under this Ordinance.

The Commission shall not participate in the management of any Gaming Operation or
of any Gaming Activity. As used in this paragraph, “management” includes, but is not
limited to, the exercise of authority or control over any personnel or contractors of a
Gaming Operation without a bona fide regulatory purpose,

11. Issuance of Regulations. - The Commission shall from time to time promulgate and issue
Regulations governing any aspect of its or the Commission staff’s responsibilities under this
Ordinance, which, so long as they are in furtherance of and not in conflict with any provision of
this Ordinance, or applicable Tribal law, shall have the force of law.

(a)

(b)

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In adopting, amending and repealing Regulations, the Commission shall give prior notice
of the proposed action to the Tribal Council, all Licensees and other persons whom the
Commission has reason to believe have a legitimate interest in such proposed action. Said
notice shall inform such persons as to the general nature of the proposed action and advise
them as to the manner in which comments on said proposed action shall be received by the
Commission.

The Commission shall provide notice of the proposed action to the general manager(s) of
the Tribe’s Gaming Operations and to the Chairperson of the Tribal Council at least twenty
(20) days prior to the Commission meeting at which the Commission is to consider the
proposed action. The notice shall describe the general nature of the proposed action,
provide such officials with proposed regulatory language, and advise how comments on
the proposed action shall be received by the Commission. Notice to others may be given
by posting for at least two weeks in advance of the Commission meeting at a place
designated by the Commission within the Gaming Facility office complex.

The Commission shall carefully and thoughtfully consider any comments provided to it
and shall provide a written rationale for accepting, revising or rejecting such comments.

In emergencies, the Commission may summarily adopt, amend or repeal any Regulation if
at the time, the Commission determines such action is necessary for the immediate

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2/25/95 Page-I1

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COQUILLE INDIAN TRIBE
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(c) Notwithstanding any other provision of this subsection to the contrary, the status of a
Commissioner or any member of their immediate family as an enrolled member of the
Coquille Tribe, alone shall not be the basis for establishing a conflict of interest.

(d) A material breach of the Conflict of Interest Policy may be good cause for grounds for
suspension or removal from office either by Tribal Council, or by unanimous written
agreement of all Commissioners other than the Commissioner whose conduct is in
question.

(e) The Commission must promptly report all real, potential and actual conflicts of interest to
the Chairperson of the Coquille Tribal Council.

6. Compensation of Commissioners. - Commissioners shall be compensated at a rate to be
established by the Gaming Commission and approved by the Tribal Council. Commissioners
shall be reimbursed for actual expenses incurred on Commission business, including necessary
travel expenses. In no event shall compensation be based on a percentage of net profits from
Gaming Operations of the Tribe.

7. Selection of Chairperson. - The Chairman shall be appointed by the Tribal Council, and shall
also serve as a Commissioners.

8. Quorum - Majority Vote. - A quorum shall consist of a majority of persons appointed to, and
serving on, the Commission at the time of the vote. All decisions shall be made by a majority
vote unless indicated otherwise in this Ordinance.

~°

Monthly Report. - The Commission shall make monthly reports to the Tribal Council within
thirty (30) days after the close of the month for which the information is being required. The
reports shall include a full and complete statement of expenses and all other financial
transactions of the Commission and a summary of all licensing and enforcement actions. The
Tribal Council may require the Commission to provide this information in a specific format with
specific detail.

10. Powers.

(a) Subject to Tribal law, the Commission may exercise any proper power and authority
necessary to perform the regulatory duties assigned to it by this Ordinance. The
Commission shall conduct Commission meetings pursuant to Roberts Rules of Order,
as may be modified by the Commission pursuant to a duly promulgated regulation. The
Commission shall make recommendations and set policy and transact other business that
may be properly brought before it. The Commission shall promulgate rules and
regulations for the conduct of Gaming Activities and shall hear and resolve all disputes
regarding any provision of this Ordinance. In all decisions, the Commission shall act to
promote and ensure integrity, security, honesty, and fairness of the operation and
administration of the Gaming Activities. The Commission shall have the power and

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COQUILLE INDIAN TRIBE
Chapter 198
GAMING ORDINANCE

198.500 Authorization of Gaming

1.

Prohibition Against Gaming. - No person duly authorized by the Commission shall engage,
conduct or condone any Class II or Class III game unless such game is approved by this
Commission and regulations for rules governing such game have been duly promulgated by this
Commission.

Authorization of Gaming. - The Commission may authorize the playing of any game lawful
under applicable federal law. The Commission shall promulgate regulations for rules governing
the equipment (chips, dice, cards, tiles etc.) used in such game. Any provision in the Tribe’s
Compact with the State of Oregon providing for notice and comment from the State, shall be
complied with before any game is authorized by the Commission.

Approval of Gaming Equipment. - The Commission shall have the discretion to review and
approve all gaming equipment and other devices used in the Gaming Operation as to design,
integrity, fairness, honesty and suitability.

(a) The Commission may test any machine in a gaming facility at any time, or may require a
prototype or sample of any model of gaming terminal or other device used in the Gaming
Operation to be placed in the custody of the Chairman and retained by him as a control for
comparison purposes.

(b) Any evidence that gaming terminals or other equipment used in the Gaming Operation has
been tampered with or altered in any way which would affect the integrity, fairness, honesty
or suitability of the terminal or equipment shall be immediately reported to the Commission.

Posting of Rules. - The Rules of each authorized game offered at any duly licensed Gaming
Operation shall be posted in a conspicuous location and shall be clearly legible.

198.600 Exclusion or Ejection of Individuals

1.

List of Undesirables. - The Commission shall, by regulation, provide for the establishment of a
list of persons who are to be excluded or ejected from any duly licensed Gaming Operation. The
list may include any person whose presence in the Gaming Operation is determined by the
Commission to pose a threat to the interests of the Tribe, the State of Oregon, or to licensed
gaming. Race, color, creed, national origin or ancestry, or sex must not be grounds for placing
the name of a person on the list.

Notice and Opportunity to be Heard. - The Commission shall promulgate regulations providing
fair notice and opportunity to be heard to any individual whose name is being contemplated by
the Tribe to be placed on the list referred to in CITC 198.600(1). Such regulations must provide
the person an opportunity to show cause to the Commission why his name should be deleted

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

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

Commission Oversight of Internal Fiscal Affairs.

(a) The Commission shall, by regulation, require audits of the financial statements of all

Gaming Operations. Such audits must:

(1) Be made by independent Certified Public Accountants holding a permit issued by the
State of Oregon to practice public accounting;

(2) Include an opinion, qualified or unqualified or, if appropriate, disclaim an opinion on
the financial statements taken as a whole in accordance with standards of the
accounting profession established by rules and regulations of the American Institute
of Certified Public Accountants; and in accordance with the rules and regulations of
the Oregon State Board of Accountancy, consistent with GAAP;

(3) Disclose whether the accounts, records and control procedures maintained by the
Gaming Operation are as required by the regulations promulgated by the
Commission; and

(4) Provide for a preliminary review of procedures and regulations relating to the control
of internal fiscal operations upon adoption of the policies and procedures by the
Gaming Operation, to disclose any deviation from prescribed rules and regulations
and report such findings to the Commission and management;

(5) Provided however, nothing herein shall entitle the Commission to audit gaming
revenue after such revenue is properly distributed to the tribal government or after
such revenue is properly distributed to the Coquille Tribal Community Fund for
further use consistent with the provisions of the Compact.

Commission Right to Conduct Audit. - The Commission shall be able to retain its own appointed
accountants, or direct an accountant employed by the Tribe, to conduct its own audit of any
Gaming Operation.

Prohibition Against Embezzlement. - Any delay, maneuver or action of any kind which in the
opinion of the Chairman is effectuated by any Licensee to unlawfully divert gaming proceeds or
other proceeds properly belonging to the Tribe shall constitute grounds for taking disciplinary
action against that Licensee. If the Commission finds an unlawful diversion was attempted, it
shall sanction the Licensee. Sanctions may include fining, revoking, suspending, limiting or
refusing to renew the license. Nothing herein shall be interpreted to limit the Commission’s
authority per CITC 198.100 (20)(21) and (22).

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COQUILLE INDIAN TRIBE
Chapter 198
GAMING ORDINANCE

the conduct of Class III Gaming Activities on Indian lands.

(jj) "Tribe" means the Coquille Indian Tribe, as recognized in the Coquille Restoration
Act of June 28, 1989. 25 U.S.C. §§ 715 et seq.

(kk) "Weekdays" means Monday through Friday except Federal or Tribal holidays.

(1) Words and Terms: Tense, number and gender. In constructing the provisions of this
Ordinance, save when otherwise plainly declared or clearly apparent from the
context:

(1) | Words in the present tense shall include the future tense;

(2) | Words in masculine, feminine and neuter genders shall include all genders;

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

198.100 Administration and Enforcement
1. Unauthorized Gaming.

(a) Any person who commits any act of unauthorized gaming in violation of 198.500 of this
Ordinance on this reservation or on any Indian land shall be subject to a civil infraction
punishable by civil fine up to the maximum amount allowed by applicable law and/or
banishment from all or a part of the Tribe’s lands.

(b) Any Indian who commits any act of unauthorized gaming on this reservation or on any
Indian land shall be guilty of a crime and may be prosecuted in Tribal Court.
Prosecution for such a crime in Tribal Court is not meant to be exclusive; a finding of
guilt or innocence shall not deprive the federal government from criminal jurisdiction,
and shall not deprive the state government from criminal jurisdiction, but only as
provided for in a tribal- state Compact.

(c) Itis hereby declared that Class II and authorized Class III gaming conducted on this
reservation or on any Indian land, that fully complies with the provisions of this
Ordinance shall not be subject to any civil or criminal penalties.

2. Ownership - Revenues to Benefit Tribe. - The Tribe shall have the sole proprietary interest in,
and the sole responsibility for the conduct of any Gaming Operation authorized by this
Ordinance except as expressly provided herein. Such provision does not, however, limit the
Tribe's ability to enter into a management contract wherein net revenues are divided between the
Tribe and other parties to the contract. A Gaming Operation shall be operated so as to produce
the maximum amount of net revenues to the Tribe.

(a) Net revenues shall not be distributed as, or otherwise fund, per-capita distributions to
tribal members. Per-capita distributions of net revenues shall only be lawful if the

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COQUILLE INDIAN TRIBE
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(2) Such gaming is conducted in conformance with the terms and conditions of a valid
Tribal-State Compact entered into by the Tribe and the State of Oregon, or with the
terms and conditions of valid procedures for the regulation of class III games in the
absence of a compact, or in compliance with some other lawful authority in the
absence of a compact;

(b) Nothing herein shall be interpreted to be a restriction on the sovereign authority of the
Tribe to continue regulation of gaming on its lands in the event the federal courts strike all
or part of IGRA to be invalid, illegal, unconstitutional or unenforceable.

9. Background Investigation.

(a) No License shall be granted to any person or entity who has been determined to be a person
or entity whose prior activities, criminal record, if any, reputation, habits and associations
pose a threat to the public interest or to the effective regulation and control of gaming, or
create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and
activities in the conduct of gaming or the carrying on of the business and financial
arrangements incidental thereto.

(b) The background investigation shall be at least as stringent as the regulations of the NIGC
published as 25 CFR § 556 and 558 in the Federal Register, volume 78, p.5279, on January
25, 2013, and any amendment to those regulations.

(c) In conducting a background investigation, the Commission or its agents shall keep
confidential the identity of each person interviewed in the course of the investigation.

(d) If, in the course of a background investigation, the Commission discovers that the
applicant has a notice of results on file with the NIGC from a prior investigation and the
tribe has access to the earlier investigative materials (either through the NIGC or the
previous tribal investigative body), the Commission may rely on those materials and
update the investigation and investigative report to the NIGC

10. Failure of Applicant to Disclose Material Information.

(a) An applicant for Gaming License shall make true and full disclosure of all information to
the Commission as necessary or appropriate in the public interest or as required in order to
carry out the policies of this Tribe relating to licensing and control of the gaming industry.
It is the duty of the applicant to disclose all information material to whether his
involvement with gaming would jeopardize or compromise the Tribal interest, whether or
not the applicant has been specifically requested to provide that information. It shall

Adopted 2/25/95 Page-21
Amended and Restated nt)



COQUILLE INDIAN TRIBE
Chapter 198
GAMING ORDINANCE

licensing or regulatory agency with which such person has had a contract relating to
gaming; and

(3) Any further or additional information as may be required under the tribal-state
Compact entered into between the Tribe and the State; and

(4) Any additional information that the Commission may reasonably request.

(b) Any person listed pursuant to sub-subparagraph (a)(1) shall be required to respond to
such written or oral questions that the Commission may propound in accordance with
its responsibilities under this CITC 198.300.

(c) For purposes of this Ordinance, any reference to the management contract described
in CITC 198.300 (1) (a) shall be considered to include all collateral agreements to
such contract that relate to the Gaming Activity.

(d) After the Commission has given its approval of a management contract, the
Commission shall submit such contract to the NIGC for its approval. No such
contract shall be valid until the NIGC has approved it

2. Requirements for Management Contracts. - The Commission shall approve any management
contract entered into by the Tribe pursuant to CITC 198.300, unless it determines that such
contract is not in compliance with the provisions of this Gaming Ordinance, and does not
provide at least:

(a) For adequate accounting procedures that are maintained, and for verifiable financial
reports that are prepared, by or for the Tribal Council on a monthly basis;

(b) for access to the daily operations of the gaming to appropriate tribal officials who shall
also have a right to verify the daily gross revenues and income made from any such tribal
Gaming Activity;

(c) for a minimum guaranteed payment to the Tribe that has preference over the retirement of
development and construction costs;

(d) For an agreed ceiling for the repayment of development and construction costs;

(e) For a contract term not to exceed five years, except that, upon the request of the Tribe, the
Commission may authorize a contract term that exceeds five years but does not exceed
seven years if the Commission is satisfied that the capital investment required, and the
income projections, for the particular Gaming Activity require additional time and the
NIGC concurs with the findings of the Coquille Tribal Gaming Commission; and

(f) For grounds and mechanisms for terminating such contract, but actual contract termination
shall not require the approval of the Commission.

(g) For preference to Tribal members and non-member Indians in hiring of employees for the
Gaming Operation.

3. Reconsideration at Direction of Tribal Council. - In the event the Commission determines a

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(k) "Gaming or Gaming Activity" means Class I, Class II and Class III gaming, but does not
include games played with cards in private homes or residences in which no person makes or
charges money for operating the game, except as a player.

(1) “Gaming Device” means any equipment or mechanical, electromechanical or electronic
contrivance, component or machine, including video lottery terminals used remotely or
directly in connection with gaming or any game which affects the result of a wager by
determining win or loss. The term includes a system for processing information, which can
alter the normal criteria of random selection, which affects the operation of any game or
which determines the outcome of a game.

(m)“Gaming Employee” means any individual employed in the operation or management of
gaming in connection with the Gaming Operation or Facilities, whether employed by or
contracted to the Tribe, or by or to any person or enterprise providing Gaming Operation
and management services to the Tribe, including but not limited to, Gaming Operation
managers and assistant managers, accounting personnel, security personnel, cage cashiers,
dealers or croupiers; box men, floor men, pit bosses; shift bosses, cage personnel, collection
personnel, gaming consultants, pari-mutual clerks, management companies and their
principals, and any person whose employment duties require or authorize access to
restricted areas of a Gaming Facility which are not otherwise open to the public or to areas
designated by the Commission. For the purposes of this definition, “restricted areas of the
gaming facilities which are not otherwise open to the public” means those areas specifically
related to Gaming Activities such as (but not limited to) the vault, server room, surveillance
room, cage, or other designated area within the Gaming Facility. Notwithstanding the other
text in this paragraph, for the Mill Casino / Hotel Gaming Facility, “Gaming Employee”
means any Low Security Employee, High Security Employee, Key Employee or Primary
Management Official, as those terms are used in the Tribe’s Gaming Compact with the
State of Oregon, attached hereto as Addendum A.

(n) “Gaming Facility" or “Gaming Facilities” means generally,

(1) only those areas within a building or buildings located on the Reservation or Tribe’s
Indian Lands in which Class I, Class II, and Class III Gaming Activities occur, and
includes restricted areas such as the gaming server room, count room, cage, vault,
surveillance, security, and inventory storage. For the purposes of the regulation
authorized by this Ordinance, Gaming Facility or Facilities does not include the
following areas: food and beverage, hotel, RV park, lounge, valet, entertainment
venues, parking lot, and non-gaming back-of-the house areas such as employee break
rooms, kitchen, food storage and similar areas; and

(2) That certain portion of 11.88 acres of Trust land located in North Bend, Oregon and held by
the United States in trust on behalf of the Tribe, also identified as the description of “Permanent

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16.

17.

18.

(h)
@

@

Recommend to the Commission whether sanctions should be imposed on any person
subject to the jurisdiction of this Ordinance;

Issue subpoenas to compel the attendance of witnesses for hearing at any place on
Coquille Indian lands, administer oaths, and require testimony under oath. Any process
or notice may be served in the manner provided for service of process and notices in
civil actions. The Chairman may pay such transportation and other expenses of
witnesses, as it deems reasonable and proper.

Pursuant to a request from the Tribal Council, the Chairman may direct Commission
staff to conduct background checks and make suitability determinations regarding
persons or entities conducting business unrelated to the operation of Gaming
Activities.

Right of Inspection. - The Commission and its agents and inspectors, have the authority:

(a)
(b)

()

@

()

®

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

To inspect all equipment and supplies in, upon or about a Gaming Operation, or
inspect any equipment or supplies wherever located, which may, or have been used in
the Gaming Operation;

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

To demand access to and inspect, examine and audit all papers, books and records of
applicants and Licensees respecting any income produced by any gaming business,
and require verification of income and all other matters affecting the enforcement of
the policy of or any of the provisions of this Ordinance;

To seize and impound any patron's winnings which the Commission may have
reasons to believe may have been won or obtained in violation of this Ordinance
pending a hearing before the Commission; and

For the purpose of administration and enforcement of this Ordinance the Commission
and its investigative personnel may, by resolution of the Tribal Council, have the
powers of the peace officer of the Coquille Indian Tribe for purposes of this
Ordinance only.

Confidentiality of Information. - The Commission may refuse to reveal, in any court proceeding
the identity of any informant, or the information obtained from the informant, or both the identity
and the information.

Retention of Records. - The Commission shall keep and maintain a file of all applications for
Gaming Licenses under this Ordinance, together with a record of all action taken with respect to

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21.

22.

23.

24.

Violations of Ordinance - Punishment. — In addition to any jurisdiction that arises by virtue of a
person’s presence on Indian lands and/or any consensual activity with the Tribe or its affiliates,
by accepting a license, the Licensee is consenting to the civil jurisdiction of the Gaming
Commission, the Coquille Indian Tribe and the Coquille Indian Tribal Court. Any violation of
this Ordinance shall be subject to a fine up to the maximum amount allowed by applicable law
for each separate count or violation. Each day of violation shall constitute a separate violation
under this Ordinance. A violator may also be required to pay Commission costs, storage fees,
and auction or sales fees. All property used or which may be used in each and every separate
violation of this Ordinance may become the property of the Tribe; persons may be prohibited
from trespassing on premises licensed under this Ordinance, licenses may be suspended,
revoked, or limited and/or establishments may be forcibly closed. All such action shall be taken
at the discretion of the Commission. Winnings found to have been received in violation of this
Ordinance are forfeited and become the property of the Tribe.

Procedure Regarding Enforcement Actions. - The Commission shall promulgate regulations

protecting the rights of all individuals subject to the enforcement of this Ordinance. Such

regulations shall, at a minimum:

(a) Provide standards for emergency or summary suspension of license; and

(b) Provide fair notice and opportunity for hearing regarding any revocation or suspension of
license, and regarding any enforcement action taken, or proposed to be taken pursuant to
this Ordinance.

Special Agents. - The Commission may authorize special agents appointed pursuant to and
otherwise in compliance with tribal law, to perform services reasonably necessary to assure
compliance with the provisions of this Ordinance only. Said special services of enforcement and
surveillance shall be under the direction of the Chairman. Such special agents shall meet the
eligibility requirements of a primary management official or key employee. This shall in no way be
deemed to limit the normal law enforcement functions of these or other tribal law enforcement
officers not so authorized.

Independence of Commission. - The Chairman, Commissioners, members of the Tribal Council
and their immediate families shall receive no personal compensation, gift, reimbursement or
payment of any kind from any person doing or wishing to do business with the Tribe relating to
gaming nor with any person wishing to obtain an unfair advantage in any authorized wager on
gaming. Personal compensation, gift, reimbursement or payment of any kind shall not include
business entertainment, meals, lodging or other ordinary and reasonable expenses in the
negotiation and solicitation of contracts with the Commission. Any property received in
violation of this provision, including cash payments, shall be immediately forfeited to the Tribe
and the offending persons may be prosecuted to the fullest extent possible under applicable law
for accepting a bribe. The Commission shall cooperate to the fullest extent possible with any
Federal or State law enforcement agency to pursue prosecution under applicable Federal or State

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a. Which is played for prizes, including monetary prizes, with cards bearing
numbers or other designations;

b. In which the holder of the card covers such numbers or designations when
objects, similarly numbered or designated, are drawn or electronically
determined; and

c. In which the game is won by the first person covering a previously
designated arrangement of numbers or designations on such cards, including
(if played in the same location) pull tabs, lotto, punch boards, tip jars, instant
bingo, and other games similar to bingo, and

2. Card games that:

a. Are explicitly authorized by laws of the State of Oregon: or

b. Are not explicitly prohibited by the laws of Coquille Indian Tribe and
the State of Oregon and are played at any location in the State of
Oregon, but only if such card games are played in conformity with
those laws and regulations (if any) of the State of Oregon regarding
hours or periods of operation of such card games or limitations on
wagers or pot sizes in such card games.

3. The term "class II gaming" does not include

a. Any banking cards games, including baccarat, chemin de fer, or blackjack
(21); or

b. Electronic or electromechanical facsimiles of any game of chance or slot
machines of any kind.

(f) "Class III gaming" means all forms of gaming that are not Class I gaming or Class II
gaming.

(g) "Commission" means the Coquille Tribal Gaming Commission.

(h) "Commissioner" means one of the members of the Coquille Tribal Gaming Commission.

(i) “Conflict of Interest” means generally a situation in which financial or other personal
considerations have the potential to compromise or bias the professional judgment and
objectivity of an individual, such that a reasonable person might question whether the
individual is acting in their own self-interest to the detriment of the Tribe’s best interests or
the integrity of the Gaming Operation. A conflict of interest includes, but is not limited to,
a situation where an individual, an individual’s immediate family, or the organization that
an individual or their immediate family represents, works for, or has an interest in, or has a
direct or indirect competing interest with, the Commission’s activities.

Gj) "Tribal Council" means the Coquille Tribal Council.

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(B) Date on which applicant began or will begin work as key employee or primary
management official;

(C) A summary of the information presented in the investigative report, which shall at
a minimum include a listing of:
(i) Licenses that have previously been denied;
(ii) Gaming licenses that have been revoked, even if subsequently reinstated;
(iii) Every known criminal charge brought against the applicant within the last 10
years of the date of application; and
(iv) Every felony of which the applicant has been convicted or any ongoing

prosecution.
(v) A copy of the eligibility determination made pursuant to CITC 198.200(11)
and/or CITC 198.100(15).

16. NIGC Objections to issuance of a license
(a) Ifthe NIGC provides the Commission with a timely statement itemizing objections to the
issuance of a license to a key employee or to a primary management official applicant for
whom the Commission has provided a notice of results, the Commission shall:
(1) immediately suspend the license if it is temporary or otherwise in effect pending
reconsideration;
(2) reconsider the application, taking into account the objections itemized by the NIGC.
(3) provide notice to the Licensee of the suspension, and/or notice to the applicant, of the
proposed revocation, together with notice of a time and a place for a hearing on the
proposed revocation of a license.
(b) The Commission shall make the final decision whether to issue a license to such applicant.
(1) The Commission shall not make its final decision prior to the hearing regarding
revocation set forth in subsection (i)(C) above, which hearing may occur without
regard of the applicant or Licensee’s appearance therein.
(2) The Commission shall notify the NIGC of its final decision within forty-five (45) days
of receiving formal notice from the NIGC of its statement itemizing objections to the
issuance of the license.

17. The Commission shall notify the NIGC:
(a) Of the issuance of any license to a primary management official or key employee within
thirty (30) days of its issuance; and
(b) Of the denial or revocation of any license, together with copies of its eligibility
determination and notice of results, with the expectation that NIGC will include this
information in its Indian Gaming Individuals Record System.

18. Registration for Non-gaming Vendors.

(a) The following categories of vendors are exempt from licensing requirements:

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COQUILLE INDIAN TRIBE
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GAMING ORDINANCE

I certify that this is an authentic copy of the Gaming Ordinance as adopted by Coquille Tribal
Council Resolution CY19111.

Dated this 24'" day of October, 2019.

de Lhecum—

ida Mecum, Secretary

Coquille Indian Tribal Council

198.010 General Purpose

1.

Purpose - The Tribal Council, empowered by the Coquille Tribe’s Constitution to enact
ordinances, hereby enacts this ordinance in order to set the terms for Class I, Class II and Class III
gaming (as defined below) operations on tribal lands.

Background and Intent [Reserved]

Jurisdiction — The Coquille Indian Tribe possesses sovereign governmental jurisdiction over all
gaming conducted on Indian lands (as defined below). This sovereign authority extends to the
provision of governmental and regulatory services, including but not limited to law enforcement,
and gaming regulation.

Definitions

(a) Shared meaning with Indian Gaming Regulatory Act (IGRA). Unless a different code
meaning is clearly indicated, the terms used in this Ordinance shall have the same meaning
as defined in the "Indian Gaming Regulatory Act," Public Law 100-497, 102 Stat. 2467
(Oct. 17, 1988).

(b) "Calendar Year" means the period beginning each year on January 1 at 12:00:01 am. and
ending the immediately following December 31 at 12:00 o'clock midnight.

(c) "Chairman" means the Chairman of the Coquille Tribal Gaming Commission appointed
by the Tribal Council as the chief administrator of Coquille gaming.

(d) "Class I Gaming" means social games played solely for prizes of minimal value or
traditional forms of Indian gaming engaged in by individuals as a part of, or in
connection with, tribal ceremonies or celebration.

(e) "Class II Gaming" means —

1, the game of chance commonly known as bingo (whether or not electronic,
computer, or other technologic aids are used in connection therewith) -

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COQUILLE INDIAN TRIBE
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and normal operational purpose for the component, with knowledge that the manipulation
affects the outcome of the game or with knowledge of any event that affects the outcome of
the game.

2. Prohibition against Electronic Aids.- Except as specifically permitted and approved by the

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

198.800 National Indian Gaming Commission and Tribal-State Compacts

1.

NIGC — Regulations - The Commission shall comply with all regulations promulgated by the
NIGC, including, but not limited to, all requirements to report ordinances, contracts, license
applications, background checks, and other information to the National Commission. Nothing in
this shall be interpreted as a waiver of the Tribe's right to challenge the legality of any such
regulations.

NIGC — Assessment - The Commission shall comply with all assessments authorized by the
National Commission. Such assessments shall be paid from the Gaming Operation. Nothing in
this shall be interpreted as a waiver of the Tribe's right to challenge the legality of any such
regulations.

Compact with the State of Oregon - The Commission shall comply with the provisions of any
compact properly executed between the Tribe and the State of Oregon, under IGRA. Nothing in
this shall be interpreted as a waiver of the Tribe's right to challenge the legality or interpretation
of any such compact or any compact provision.

198.900 Miscellaneous

1.

Security - Each licensed Gaming Operation must provide for adequate security. All security
personnel must be licensed by the Commission.

Maintenance of Ordinance and Regulations - Each Licensee shall obtain, maintain and keep
current a copy of the Gaming Ordinance and regulations promulgated thereunder, which shall be
located in the Gaming Facility. Licensee’s obligation to abide by this Ordinance and regulations
is not, in any way, affected by the Licensee’s lack of a copy or knowledge of this Ordinance and
regulations.

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contract is not in compliance with CITC 198.300, the Commission shall immediately
communicate its determination to the Tribal Council. Ifthe Tribal Council, by duly authorized
resolution, requests the Commission to reconsider the management contract, the Commission
shall do so. If after fifteen (15) days of such request for reconsideration, the Commission has not
determined that the management contract is in compliance with CITC 198.300, the Tribal
Council may challenge the Commission’s determination in Tribal Court. The decision of the
Tribal Court shall be final.

4. Percentage-of-Net-RevenueFees.

(a) The Commission shall not approve a management contract providing for a fee based upon

a percentage of the net revenues of a tribal Gaming Activity unless such percentage fee is
reasonable in light of surrounding circumstances. Except as provided in this, such fee
shall not exceed 30 percent of the net revenues;

(b) The Commission shall not approve a management contract providing for a fee based upon

a percentage of the net revenues of a tribal Gaming Activity that exceeds 30 percent but
not 40 percent of the net revenues unless the NIGC and the Tribal Council are satisfied
that the capital investment required, and income projections, for such tribal Gaming
Activity require the additional fee, and such contract is otherwise in compliance with this
Gaming Ordinance.

5. Contract Disapproval. - The Commission shall not approve any contract if it determines that:

(a)

(b)

(c)

Any person listed pursuant to CITC 198.300(1)(a)(1) who;

(1) Has been or subsequently is convicted of any felony relating to a gaming offense; or

(2) Has knowingly and willfully provided materially important false statements of
information to the Commission or the tribal officials who negotiate such contracts or
has refused to respond to questions propounded pursuant to CITC 198.300 1(b); or

(3) Has been determined to be a person whose prior activities, criminal record if any, or
reputation, habits, and associations pose a threat to the public interest or to the
effective regulation and control of gaming, or create or enhance the dangers of
unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming
or the carrying on of the business and financial arrangements incidental thereto;

The management contractor has, or has attempted unduly to interfere or to influence

for its gain or advantage any decision or process of tribal government relating to

Gaming Activity;

The management contractor has deliberately or substantially failed to comply with the

terms of the management contract or the provisions of this Ordinance or any

regulations adopted pursuant to this Ordinance or the Indian Gaming Regulatory Act.

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12.

13.

preservation of the public peace, health, safety, good order or general welfare, together
with a statement of facts constituting the emergency; provided, however, that the
Commission shall schedule such emergency action for a regular hearing within sixty (60)
days, provided further, that as soon as is reasonably possible the Commission shall inform
the Tribal Council of any such action.

(e) Any affected Licensee can challenge a Regulation approved by the Commission to the
Tribal Court if they believe the Regulation exceeds the scope of the Commission
regulatory authority identified in this Ordinance. Such challenge must be filed within
thirty (30) days of issuance of the Regulation. Ifthe Tribal Court shall find that the
Regulation exceeds the Commission’s authority, it shall order the Commission to
immediately rescind such Regulation, or such portion of the Regulation necessary to render
the resulting Regulation lawful.

Voting on Licensing. - Any Commission vote resulting in approving, disapproving, revoking,
suspending, limiting or conditioning a license under this Ordinance shall be by ballot only;
provided, that in an emergency a phone vote may be polled pursuant to Commission
Regulations. Should an applicant disagree with the determination of the Commission, the
Commission shall hold a hearing to review its decision, within seven (7) weekdays from the date
an applicant files his/her written disagreement with the Commission. At the hearing the burden
shall be upon the applicant to show cause why the Commission's decision was incorrect. Any
Commissioner that may gain economically (other than gain to the Tribe and Tribal membership
generally) from the granting or denial of a licensing application shall abstain from voting on such
application.

Commission Findings. - Following such hearing, the Commission shall, within seven (7)
weekdays, reach a determination concerning:

(a) The accuracy of the preliminary certification of facts;

(b) Whether the license in question should be granted, denied, continued, suspended, revoked,
conditioned, or limited; and

(c) Whether or not any other action recommended to the Commission including, but not limited
to, forfeitures, should be taken.

14. Notification of Commission Decision. - Within five (5) weekdays following this determination

15.

the Commission shall inform the subject in writing of that determination.

Duties of the Chairman. - Subject to the terms of this Ordinance, the Chairman shall perform all
duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all
purposes of this Ordinance relating to the regulation of all Gaming Activity. The Chairman may
delegate authority to another Commissioner(s), so long as such authority is expressly granted

and consistent with Commission regulations. In all decisions, the Chairman shall act to promote

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19,

20.

such applications.

(a) Ata minimum, the Commission shall retain the following for inspection by the Chair of the
NIGC or his or her designee for no less than three (3) years from the date of termination of
employment:

(1) Applications for licensing;
(2) Investigative reports; and
(3) Eligibility determinations.

(b) The Commission shall keep and maintain such other files and records as they may deem
desirable and all such records may be open to public inspection only as the Tribal Council
by resolution deems appropriate; provided, that such availability to the public does not
violate the federal and tribal (and if applicable, state) laws regarding privacy or
confidentiality of information. All Commission records shall be available for inspection
by the Tribal Council or its authorized officers, agents and representatives.

Powers of Delegation; Commission Budget. —

(a) The Commission may organize itself into functional divisions as it may deem necessary and
from time to time alter such plan of organization, as it may deem expedient.

(b) Within the limitations of a Tribal Council approved budget, the Commission shall establish
its own budget for operations, and acquire such furnishings, equipment, supplies, stationery,
books, motor vehicles, and other things as it may deem necessary or desirable in carrying
out its functions, and incur such other expenses, within the limit of funds available to it.

(c) Within the limits of a Tribal Council approved budget, the Commission shall employ and fix
the salaries of or contract for the services of such professional, technical and operational
personnel and consultants as the execution of its duties and the operation of the
Commission may require. At the Tribal Council's discretion, said budget may be reviewed
and modified by the Tribal Council every twelve (12) months. Upon the end of the budget
year any surplus which might exist shall be refunded to the Tribe’s General Fund at the
Tribal Council’s discretion.

Sanctions. - Any person who engages in Gaming Activities on Indian Lands subject to the
provisions of this Gaming Ordinance without a license, in violation of the license or terms
imposed thereon, in violation of terms of suspension, or in violation of any regulation, provision,
or amendment under this Ordinance shall be in violation of this Ordinance, including any person
who unlawfully trespasses upon any premises licensed by this Ordinance without the consent of
the Licensee and/or the Commission, shall be subject to punishment in accordance with the
provisions of CITC 198.100 (21) & (22). The Commission shall consider the issuance of
sanctions if the Tribal Council requests such consideration by formal resolution stating the
purpose of the inquiry. Nothing herein shall be interpreted to limit the liability of such
individuals in tribal, state or federal court.

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