CHAPTER 3: UNLAWFUL ACTS AND PENALTIES
SECTION 3.01. UNLAWFUL ACTS
The following conduct, activities, or acts are prohibited:

(1) To operate or participate in gaming on the Reservation which has not been
authorized by this Act or the Gaming Commission.

(2) To knowingly make a false statement in an application for employment with
the Tribal gaming operation.

(3) To knowingly make a false statement in an application for a license to
operate gaming.

(4) To accept loans or financing from private individuals, associations, or
corporations, excluding a federally insured financial institution, in order to operate a
Tribal gaming operation, without express written permission from the Business Council
and Gaming Commission.

(5) To sell or share a pull tab, bingo card, or other authorized game to any
person under eighteen (18) years of age.

(6) For any person under eighteen (18) years of age to purchase or share a pull
tab, bingo card, or other authorized game.

SECTION 3.02. PENALTIES.
(1) Any person found to be in violation of this Act or applicable Tribal law may
be subject to a civil fine. A separate violation occurs for each day a violation occurs

or continues.

(2) Any person found to be in violation of this Act may be subject to seizure
of all property utilized in connection with this Act.

(3) Any non-Tribal member found to be in violation of this Act may be subject
to exclusion from the Reservation and receive any applicable fines.

(4) Any person found to be in violation of this Act may be subject to Tribal and
Federal prosecution.

14


(d) Current business and residence telephone numbers;

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

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

(g) The name and address of any licensing or regulatory agency with
which the person has filed an application for a license or permit
related to gaming, whether or not such license or permit was granted;

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

(i) 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;

(j) 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 pursuant to
paragraph (1)(h) or (1)(i) of this subsection, the criminal charge, the

name and address of the court involved and the date and disposition;

(k) The name and address of any licensing or regulatory agency with
which the person has filed an application for an occupational license
or permit, whether or not such license or permit was granted;

(I) A current photograph;
(m) Any other information the Gaming Commission deems relevant; and

(n) Fingerprints consistent with procedures adopted by the Gaming
Commission according to 25 C.F.R. Sec. 522.2(h). The performance
of a fingerprint check shall be through the Federal Bureau of
Investigations records system to receive criminal history record
information. The Tribes shall enter execute a Memorandum of
Understanding with the National Gaming Commission, if necessary,
to facilitate the processing and use of such information.


(3) Any records of the Gaming Commission which are not confidential shall be
available for public inspection at a mutually agreed upon time and location.

SECTION 4.10. POWERS AND DUTIES OF GAMING COMMISSION.
The Gaming Commission shall have the following powers and duties:

(1) To supervise, inspect, and regulate any phase of all gaming operations on
the Reservation which shall be necessary and proper to enforce the purposes of this
Act.

(2) To promulgate and enforce rules and regulations as it deems necessary to
carry out the: purposes of this Act.

(3) To carry on a continuous study and investigation of gaming on the
Reservation for the purposes of ascertaining any defects in the rules and regulations
in this Act, for the purpose of making recommendations for changes in such rules and
regulations or this Act, and to prevent abuse and evasions of the rules and regulations
and this Act.

(4) To report and recommend to the Business Council, and the Tribal Attorney,
any matters which the Gaming Commission deems to require immediate change in the
laws of the Tribes in order to prevent abuse and evasions of the rules and regulations,
and this Act.

(5) To issue and set a fee for gaming licenses, and revoke licenses for gaming
on the Reservation.

(6) To review and approve all games proposed to be played or operated on the
Reservation under the provisions of this Act.

(7) To delegate to an individual member of the Gaming Commission such
functions as may be necessary to administer this Act efficiently, provided that the
Gaming Commission may not delegate its powers to promulgate rules and regulations,
or to issue and revoke licenses.

(8) To undertake background investigations and oversight of management and
employees of the Tribal gaming operation.

(9) To hear and rule upon a person’s eligibility for employment as a manager
or employee with the Tribal gaming operation.

(10) To undertake enforcement action authorized by this Act, and to make or
cause to be made an examination or investigation of a place of business, equipment,

18


SHOSHONE-BANNOCK TRIBES GAMING ACT

CHAPTER 1. LEGISLATIVE FINDINGS AND PURPOSE

SECTION 1.07.
SECTION 1.02.
SECTION 1.03.

TOILE ow canexeye i Rik a 8 2 tA Zee ANS BE YS BBS
FINDINGS woe ccc cece ee eee
PORPGSE: s sosowe § 2 48% & WH EGE doors ens a noe

CHAPTER 2. GENERAL PROVISIONS

SECTION 2.01.
SECTION 2.02.
SECTION 2.03.
SECTION 2.04.
SECTION 2.05.
SECTION 2.06.
SECTION 2.07.

SECTION 2.08.
SECTION 2.09.
SECTION 2.10.
SECTION 2.17.
SECTION 2.12.
SECTION 2.13.
SECTION 2.14.
SECTION 2.15.

DERINITIONS® ssxscovars 9 x ¢ 3 BIR BY Grdid og ao ow
OPERATION OF GAMING .........00.00e0ee
CONDUCT OF GAMING ......... ccc eeeee

AODIP ses 2 wre 48 5 3 BREE go rene ee oo
LICENSES FOR KEY EMPLOYEES AND

PRIMARY MANAGEMENT PERSONNEL ........
LICENSE LOCATIONS ...... 0c eccceceuee
MANAGEMENT CONTRACTS .........00.005
TRIBAL GAMING ACCOUNT ...........0.044.
PRIZES’ oa 2 2 ss ewmpeare 8 6% 4 4 BE EF ERs co

CHAPTER 3. UNLAWFUL ACTS AND PENALTIES

SECTION 3.01.
SECTION 3.02.
SECTION 3.03.
SECTION 3.04.

UNLAWFUL ACTS «0... ccc ee eens
PENALTIES: «<2 3% «qspmanst 4 & 5 5 OR AEG Baad oe

CHAPTER 4. GAMING COMMISSION

SECTION 4.07.
SECTION 4.02.
SECTION 4.03.
SECTION 4.04.
SECTION 4.05.
SECTION 4.06.
SECTION 4.07.
SECTION 4.08.
SECTION 4.09.
SECTION 4.10.
SECTION 4.11.

CREATION OF GAMING COMMISSION .........
ELIGIBILITY’ TO-SERVE: 3 4 scogu.9 5 4% WEG 28 84% enone
TERM OF OFFICE, « «0 <s snnesn » 42 chen «3&8 mE
VACANCIES 0... ccc ccc ene
REMOVAL.FROM OFFICE: . oisisis «sabe eae ia oa ea
CHAIR AND VICE-CHAIR... 0.0.0.
QUORUM AND OFFICIAL MEETINGS ..........
RECUSAL OF GAMING COMMISSION MEMBER .. .
RECORDS OF GAMING COMMISSION .........
POWERS OF GAMING COMMISSION ..........
COMPENSATION OF GAMING COMMISSION


SECTION 3.03. INJUNCTIONS.

In addition to all other remedies provided for in this Act, the Gaming
Commission is authorized to bring an action in the Tribal Court or other appropriate
court to enjoin the operation of any gaming operation or activity which willfully fails
to comply with any provision of this Act, or rules or regulations promulgated pursuant
to this Act.

SECTION 3.04. SEIZURE OF PROPERTY.

(1) In addition to all other remedies provided for in this Act, whenever the
Gaming Commission determines that a delay may prejudice the ability to enjoin or stop
a continuing violation of a provision of this Act, the Gaming Commission may apply
to the Tribal Court for the issuance of a distress warrant authorizing the seizure of any
gaming supplies and equipment within the Reservation. The Tribal Court shall issue
the distress warrant, unless the Tribal Court finds:

(a) that there is no basis whatsoever for the determination by the Gaming
Commission that there is a violation of the provisions of this Act, or the rules and
regulations promulgated pursuant thereto; or

(b) that there is no basis whatsoever for the determination by the Gaming
Commission that a delay may prejudice the ability to seek prosecution for a violation
of the provisions of this Act, or the rules and regulations promulgated pursuant
thereto.

(2) Seizure pursuant to the distress warrant may be carried out by a member

or agent of the Gaming Commission when accompanied by a law enforcement officer
of the Tribes.

15


by the Business Council.

(2) The fee entitles a person to participate without additional charge in all
regular bingo games played at such bingo occasion.

SECTION 5.08. METHOD OF PLAY.

(1) The method of play in any bingo game and utilization of bingo equipment
and supplies shall be such that each player is afforded an equal opportunity to win.

(2) The objects to be drawn shall be essentially the same in size, shape,
weight, balance, and all other characteristics so that at all times during the conduct
of bingo, each object possesses the capacity for equal agitation with any other object
within the receptacle.

(3) All objects shall be present in the receptacle at the beginning of each bingo
game.

(4) Announcements of all numbers drawn shall be clearly audible to the players
present.

(5) Once removed, no object shall be returned to the receptacle until after the
coclusion of the game.

(6) The receptacle and the caller shall be visible to a majority of players at all
times.

(7) The particular arrangement of numbers required to be covered in order to
win and the amount of the prize for the game shall be clearly described and audibly
announced to the players immediately before the game.

(8) The gaming management shall conduct no more than seventy-five (75)
regular bingo games in a single bingo occasion.

(9) Only bingo management or a designated employee may act as a caller in
the conduct of bingo.

SECTION 5.09. VERIFICATION OF WINNER(S).

(1) The number appearing on the winning card at the time a winner is
determined shall be verified in the immediate presence of at least one bingo employee.

(2) At the time a winner is determined, any player may call for verification of
the objects remaining in the receptacle and not yet drawn.

21


SECTION 4.05. REMOVAL FROM OFFICE.

Any member of the Gaming Commission may be removed from office by the
Business Council at any time and for cause. Upon removal of such Gaming
Commission member, the Business Council Chair, with concurrence of the Business
Council, shall appoint a replacement for the remainder of the removed member’s term.

SECTION 4.06. CHAIR AND VICE-CHAIR

A Chair and Vice-Chair of the Gaming Commission shall be chosen from among
the Gaming Commission membership by a majority of the members at the first
meeting of each fiscal year. The Chair or Vice-Chair shall preside over all meetings
of the Gaming Commission.

SECTION 4.07. QUORUM AND OFFICIAL MEETINGS

(1) A majority of the Gaming Commission shall constitute a quorum, and a
quorum of the Gaming Commission shall be required for any official action or
determination of the Gaming Commission.

(2) Action by the Gaming Commission shall be by a majority vote, and the
Chair and Vice-Chair shall be entitled to vote.

(3) The Gaming Commission shall hold at least one meeting each month and
such additional meetings as may be prescribed by the Rules of the Gaming
Commission.

SECTION 4.08. RECUSAL OF GAMING COMMISSION MEMBER.

No member of the Gaming Commission shall participate in any action or
decision by the Gaming Commission which directly involves himself, his immediate
family, or his business. A member of the Gaming Commission may voluntarily recuse
himself and decline to participate in any action or decision by the Gaming Commission
when in his discretion, he believes that he could not act fairly or without bias, or that
there would be an appearance that he could not act fairly or without bias.

SECTION 4.09. RECORDS OF GAMING COMMISSION.

(1) The Gaming Commission shall keep and maintain accurate, complete, and
detailed records of all of its meetings, official communications, and actions of the
Gaming Commission, including minutes of all official meetings.

(2) Such records shall be maintained at the office of the Gaming Commission
by the Secretary of the Gaming Commission.

17


on the Tribal gaming account shall be for one or more of the following purposes:

(a) The payment of necessary and reasonable expenses incurred in
connection with the conduct of gaming, including prizes, gaming supplies, equipment,
and utilities.

(b) The disbursement of net profits as established in Section 2.04 of this
Act.

SECTION 2.11. PRIZES.

(1) The rights of any person to a prize is not assignable, except that payment
of any prize may be paid to the estate of a deceased prize winner or to a person
pursuant to an appropriate judicial order.

(2) Unclaimed prizes shall be retained by the gaming operation for a person
entitled to such prizes for ninety (90) days after the prize is available to be claimed.

Any person who fails to claim a prize during such time, shall forfeit all rights to the
prize and the amount of the prize shall remain in the gaming operation account.

(3) The Gaming Commission shall not be liable for payment of any prize awarded
by the gaming operation.

(4) Any prize won by a person under eighteen (18) years of age who purchased
a winning ticket, pull tab, bingo card, or participated in any other authorized game in
violation of this Act, shall be forfeited.
SECTION 2.12. SEVERABILITY.

If any provision of this Act is declared invalid by a court of competent
jurisdiction, the remaining provisions of this Act shall not be affected thereby, and
shall remain in full force and effect.

SECTION 2.13. REPEAL OF CONFLICTING LAWS.

Any Ordinance or Resolution in conflict with the provisions of this Act shall be
superseded and repealed to the extent of such conflict.

SECTION 2.14. AMENDMENTS.

This Act may be amended by Resolution by the Business Council in accordance
with the Constitution of the Tribes.

12


cash compensation is in excess of $50,000 per year; or (c) the four most highly
compensated persons in the gaming operation.

(9) “National Indian Gaming Commission" means a commission established
within the Department of the Interior pursuant to the Indian Gaming Regulatory Act,
25 U.S.C. Sec. 2704.

(10) "Net Profits" means the total gross receipts from the gaming operation,
as defined in subsection (7), less all reasonable sums actually expended for
conducting said games, gaming supplies and equipment, prizes, facilities, janitorial
services, security services, rent, employees, criminal investigations and prosecutions,
or other reasonable operating expenses.

(11) "Person" means any individual, receiver, assignee, trustee in bankruptcy,
trust, estate, firm, partnership, joint venture, club, company, business trust,
corporation, association, society, political entity, or any group of individuals acting as
a unit, whether mutual, cooperative, nonprofit or fraternal.

(12) "Primary Management Official" means (a) the person having management
responsibility for a managment contract; (b) any person who has authority to hire and
fire employees or to set up a working policy for the gaming operation; or (c) the chief
financial officer or other person who has financial management responsibility.

(13) "Pull Tabs" means factory covered tickets, or any similar games approved
by the National Indian Gaming Commission which are purchased and played by
customers revealing a predetermined winning arrangement.

(14) "Regular Bingo Card" means a hard or disposable card issued to a person
upon payment of the admission fee which affords the person the opportunity to
participate in all regular bingo games played at a bingo occasion.

(15) "Regular Bingo Game" means a bingo game in which a person, upon
payment of the admission, is issued a regular bingo card and may purchase or rent
extra regular cards.

(16) "Reservation" means all lands outside and inside the exterior boundaries
of the Fort Hall Indian Reservation which are under the jurisdiction of the Shoshone-
Bannock Tribes, and such other lands as may hereafter be obtained or added to the
jurisdiction of the Shoshone-Bannock Tribes under any law of the United States.

(17) “Special Bingo Card" means a hard or disposable, specially marked bingo
card which affords a person the opportunity to participate in a special bingo game for
special prizes.


SHOSHONE-BANNOCK TRIBES GAMING ACT

THE FORT HALL BUSINESS COUNCIL OF THE SHOSHONE-BANNOCK TRIBES OF THE
FORT HALL INDIAN RESERVATION HEREBY ENACTS THE FOLLOWING ACT:

CHAPTER 1: LEGISLATIVE FINDINGS AND PURPOSE
SECTION 1.01. TITLE.
This Act shall be known and cited as the "Shoshone-Bannock Gaming Act.”
SECTION 1.02. FINDINGS.

(1) The Shoshone-Bannock Tribes, by and through the Fort Hall Business
Council, has the inherent sovereign authority to regulate the conduct and activities on
all lands within the jurisdiction of the Shoshone-Bannock Tribes. This Act is encated
pursuant to the inherent powers of the Shoshone-Bannock Tribes, and as expressly
established in Article VI, Section 1(a), (h), (i), (k), (I), (m), (q), (r) and (s) of the
Constitution and By-Laws of the Shoshone-Bannock Tribes, to promulgate, adopt,
amend, repeal, and enforce rules, regulations and standards for the control of gaming
on all lands within the jurisdiction of the Shoshone-Bannock Tribes.

(2) The Fort Hall Business Council deems it essential to the health, economic
security, and general welfare of the Shoshone-Bannock Tribes and to the general
public to enact a comprehensive gaming act to operate, control and regulate the
conduct of all persons conducting gaming or gaming related activities or who
otherwise engage in activities which are gaming on all lands within the jurisdiction of
the Shoshone-Bannock Tribes.

SECTION 1.03. PURPOSE.
The purposes of this Act are:

(1) to provide a statutory basis for the operation of gaming on lands within the
jurisdiction of the Shoshone-Bannock Tribes as a means of promoting tribal economic
development and independence;

(2) to provide a statutory basis for the regulation and control of the operation
of gaming by the Shoshone-Bannock Tribes and licensed operators, and to ensure that
gaming is conducted fairly and honestly by the operators and players;

(3) to generate revenue for the strenghtening of Tribal government, health,
education and general welfare of the Shoshone-Bannock Tribes and its members, and
for the provision of essential governmental services to residents of the Fort Hall Indian


CHAPTER 5. BINGO
SECTION 5.01.
SECTION 5.02.
SECTION 5.03.
SECTION 5.04.
SECTION 5.05.
SECTION 5.06.
SECTION 5.07.
SECTION 5.08.
SECTION 5.09.
SECTION 5.10.
SECTION 5.11.
SECTION 5.12.

ADVERTISING «0... Lice ccc ccc ee aee 20
SOLICITATION PROHIBITED ................ 20
MINORS PROHIBITED ......00.0 000 cece ee, 20
ALCOHOL PROHIBITED .............0.0..., 20
HOURS OF BINGO GAMES ................. 20
SEATING CAPACITY 1.00... ccc eee eee, 20
BINGO'GAME:FEE esas: «i 23 1p 2 bo oa a wean ns 21
METHOD OF PLAY... 0... cece ccc eee eee 2r
VERIFICATION OF WINNER(S) ............... 21
DISTRIBUTION OF PRIZES... 00.000. cc eee. 22
PRICE OF BINGO PACKETS ............0.44. 22


SECTION 2.15. EFFECTIVE DATE.

This Act shall be effective on the date of its adoption by the Business Council.

13


CHAPTER 2 GENERAL PROVISIONS
SECTION 2.01. DEFINITIONS.
For purposes of this Act:

(1) "Bingo" means a game of chance in which 75 numbered objects are
available for random selection and in which each player participates by means of
cards, sold, rented or used only the time and place of the game. Each card contains
five rows of five spaces each, each space printed with a number from 1 to 75, except
the center space which is marked "FREE". Winners are determined and prizes
awarded on the basis of possessing a bingo card on which some combination of
numbers are printed and conform to the numbered objects selected at random bases
on a predetermined winning arrangement. Winners are determined by covering
publicly announced squares, by removing a factory sealed cover from the card to
reveal a prize won, or by drawing a name or number from the container.

(2) "Bingo Occasion" means a single session or gathering at which a series of
successive bingo games are played.

(3) "Bingo Supplies and Equipment” means all cards, boards, machines, sheets,
markers, pads and other supplies and equipment designed for use in the play of bingo.

(4) "Business Council” means the elected governing body of the Shoshone-
Bannock Tribes, established pursuant to Article Ill of the Constitution of the
Shoshone-Bannock Tribes.

(5) "Gaming" means to operate, carry on, conduct, or maintain for play Class
Il games as defined in the Indian Gaming Regulatory Act, 25 U.S. C. Sec. 2703(7)(A)
and by the promulgated regulations of the National Indian Gaming Commission, and
other games as negotiated pursuant to a Class III compact as defined in 25 U.S.C.
Sec. 2710.

(6) "Gaming Commission” means the Shoshone-Bannock Gaming Commission.

(7) "Gross Profits" means the total receipts from the sale of Class II gaming
and other games negotiated pursuant to a Class III compact, including admission fees,
sale of food or beverages, and items relating to gaming.

(8) "Key Employee" means (a) a person who performs one or more of the
following functions: bingo caller, counting room supervisor, chief of security,
custodian of gaming supplies or cash, floor manager, pit boss, dealer, croupier,
approver oF credit, or custodian of gambling devices, including persons with access
to cash and accounting records within such devices; (b) any other person whose total

3


facilities, personal property, books, records, papers, accounts, documents, etc.,
Pursuant to a search warrant issued by the Tribal Court.

(11) To exercise all other authority delegated to it by law, or as may be
reasonably necessary in the implementation of any provisions of this Act.

SECTION 4.11. COMPENSATION OF GAMING COMMISSION.

Gaming Commission members shall be compensated for services relating to
Gaming Commission duties each day they are in attendance at any official Gaming

Commission meetings. The Business Council shall determine the amount of
compensation.

19


NATIONAL
INDIAN

GAMING OCT 18 j9o4
COMMISSION

Delbert Farmer, Secretary
Fort Hall Business Council
Shoshone-Bannock Tribes
P.O. Box 306

Fort Hall, Idaho 83203

Dear Secretary Farmer:

This letter responds to your request to review and approve
the tribal gaming ordinance adopted on July 20, 1994, by the
Shoshone-Bannock Tribes (Tribes). This letter constitutes such
approval under the Indian Gaming Regulatory Act (IGRA).

Under the IGRA and the regulations of the National Indian
Gaming Commission (NIGC), the Chairman is directed to review
ordinances with respect to the requirements of the IGRA and the
implementing regulations. Thus, the scope of the Chairman's
review and approval is limited to the requirements of the IGRA
and the NIGC regulations. Provisions other than those required
under the IGRA or the NIGC regulations that may be included in a
tribal ordinance are not subject to review and approval. Such
approval does not constitute approval of specific games. Also,
the gaming ordinance is approved for gaming only on Indian lands
as defined in the IGRA.

With the Chairman's approval of the Tribes! gaming
ordinance, the Tribes is now required to conduct background
investigations on its key employees and primary management
officials. The NIGC expects to receive a completed application
for each key employee and primary management official pursuant to
25 C.F.R. § 556.5(a) and an investigative report on each
background investigation before issuing a license to a key
employee or primary management official pursuant to 25 C.F.R.

§ 556.5(b).

Thank you for submitting the ordinance of the Shoshone-
Bannock Tribes for review and approval. The NIGC staff and I
look forward to working with you and the Tribes in implementing
the IGRA.

Sincerely yours,

Monteau

1850 M STREET. NW. SUITE 250 WASHINGTON. OC 20036 _TEL_202-632.7003 FAX 202.632.7066



SECTION 2.05. EMPLOYEES AND MANAGEMENT.

(1) Allemployees of any gaming operation on the Reservation shall be eighteen
(18) years of age or older.

(2) Each key Tribal gaming employee shall secure a security bond in the
minimum amount of one hundred thousand dollars ($100,000.00).

SECTION 2.06. AUDIT.

(1) The Tribal gaming operation shall be audited annually by an independent
outside firm, and the resulting audit report shall be submitted to the Gaming
Commission and the National Indian Gaming Commission.

(2) All gaming related contracts that result in the purchase of supplies,
services, or concessions in excess of $25,000.00 annyally, except for contracts for
professional legal and accounting services, shall be specifically included in the annual
audit.

SECTION 2.07. LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT
OFFICIALS.

The Gaming Commission shall be responsible for the issuance of a license to
key employees and primary management officials employed at any Class II gaming
operation located on the Reservation. The Commission shall ensure that the following
policies and procedures are implemented with respect to these employees and
officials.

(1) Application Forms. The following notices shall be placed on the application
form for a key employee or a primary management official before that form is filled out
by an applicant:

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 seq. The
purpose of the requested information is to determine the
eligibility of individuals to be employed in a gaming
operation. The information will be used by the National
Indian Gaming Commission members and staff who have
need for the information in the performance of their official
duties. The information may be disclosed to appropriate
Federal, Tribal, State, local or foreign law enforcement and
regulatory agencies when relevant to civil, criminal, or
regulatory investigation or prosecutions, or when pursuant

6


(18) "Special Bingo Game" means any bingo game which is not a regular bingo
game and which may be played with specia! bingo cards for special prizes.

(19) "State" means the state of Idaho.

(20) "Tribal member" means an individual Indian who is enrolled in the
Shoshone-Bannock Tribes.

(21) "Tribes" means the Shoshone-Bannock Tribes.

SECTION 2.02. OPERATION OF GAMING.

(1) No gaming shall be conducted on the Reservation except as authorized and
licensed by the Gaming Commission in accordance’ with this Act and other applicable
Tribal and federal laws. :

(2) The construction, maintenance, and operation of a gaming facility shall be
conducted in a manner which adequately protects the environment and the public
health and safety, and meets all applicable Tribal and federal laws.

SECTION 2.03. CONDUCT OF GAMING.

(1) The Tribes will have the sole proprietary interest in gaming conducted on
behalf of the Tribes and will operate and maintain any Tribal gaming activity.

(2) Only games defined and approved by the Gaming Commission shall be
permitted as a gaming operation.

(3) The Commission may license other nonprofit or charitable organizations or
associations to conduct gaming on the Reservation.

SECTION 2.04. USE OF GAMING REVENUE.

(1) All net profits of the Tribal gaming revenue shall be used solely to fund
Tribal governmental services and operations, social services, economic development,
and to provide for the general welfare of the Tribes and Tribal members.

(2) All net profits of the Tribal gaming operation shall be deposited in the
Tribes’ Gaming Account in accordance with Section 2.10 of this Act, and the
Business Council shall determine utilization of such monies.

(3) All licensed gaming operations shall use their gaming revenue for nonprofit
and charitable purposes. The Gaming Commission may request financial reports from
licensed operators to ensure compliance with this Act.


Reservation ; and

(4) to enhance employment opportunities for Tribal members.


CHAPTER 4: GAMING COMMISSION
SECTION 4.01. CREATION OF GAMING COMMISSION.
(1) The Shoshone-Bannock Gaming Commission is hereby created, consisting
of seven (7) members, five of whom shall be Tribal members and residents of the

Reservation, appointed by the Business Council Chairman with the consent of the
Business Council.

(2) At least one member of the Gaming Commission shall be an
accountant/bookkeeper who has practiced accounting for at least three years.

(3) At least one member of the Gaming Commission shall be a law enforcement
officer who has been employed, as such, not less than three years.

SECTION 4.02. ELIGIBILITY TO SERVE.

No individual shall be eligible for any appointment to, or continue to serve on
the Gaming Commission, who:

(1) Has been convicted of any felony or gaming related offense;

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

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

SECTION 4.03. TERM OF OFFICE.

Initial appointments to the Gaming Commission shall be made for the following
terms: one member to serve until November 30, 1993; one member to serve until
November 30, 1995; and two members to serve until November 30, 1996. All
subsequent appointments shall be for terms of four years, subject to continuation of
gaming on the Reservation.

SECTION 4.04. VACANCIES.
Any vacancy on the Gaming Commission may be filled by an individual for the

remainder of the unexpired term appointed by the Business Council Chairman with the
concurrence of the Business Council.

16


SECTION 5.10. DISTRIBUTION OF PRIZES.

(1) When more than one player is found to be the winner on the same number
in the same bingo game, a cash prize shall be divided equally among the winners.

(2) When equal division of a merchandise prize is not possible, a play-off
between the winners shall commence to determine one winner.

(3) Each winner shall be determined and every prize shall be awarded and
delivered within a reasonable period of time.

SECTION 5.11. PRICE OF BINGO PACKETS.

(1) Regular entry bingo packets shall be established by the gaming manager. .
Extra regular bingo cards and special bingo cards shall be assigned a specific price and
the price shall remain the same during the bingo occasion.

(2) Extra bingo packets or bingo cards shall be sold only on the premises where
bingo is being conducted.

(3) The bingo supervisor shall keep an accurate, separate count of the number
of regular bingo cards sold, rented, or used. Such information shall be available for
inspection at the close of the bingo occasion.

SECTION 5.12. SPECIAL BINGO GAMES.

(1) All special bingo cards shall be in a form approved by the gaming manager.

(2) A special bingo card may be used for more than one special game provided
that the special games are played consecutively and during a bingo session, and shall

be marked by the player while in use so as to render the card void and unusable
thereafter.

22


SHOSHONE-BANNOCK TRIBES GAMING ACT OF 1994

FORT HALL INDIAN RESERVATION, IDAHO


The Gaming Commission shall conduct an investigation sufficient to make a
determination under subsection (4) below. In conducting a background investigation,
the Gaming Commission shall promise to keep the identity of each person interviewed
confidential in the course of the investigation.

(4) Eligibility Determination.

The Gaming Commission shall review a person’s prior activities, criminal record,
if any, and reputation, habits, and associations to make a finding concerning the
eligibility of a key employee or primary management official for employment in a
gaming operation. If the Gaming Commission determines that employment of the
Person poses a threat to the public interest or to the effective regulation of gaming,
or creates or enhances dangers of unsuitable, unfair, or illegal practices and methods
and activities in the conduct of gaming, the Tribal gaming operation shall not employ
that person in a key employee or primary management official position.

(5) Pri res for Forwarding Applications and R for K
mpl ind Primary Management Official: he National
Indian Gaming Commission

(a) When a key employee or primary management official begins work at a
gaming operation authorized by this ordinance, the Gaming Commission shall forward
to the National Indian Gaming Commission a completed application for employment
and conduct the background investigation and make the determination referred to in
subsection 4.

(b) The Gaming Commission shall forward the report referred to in
subsection F of this section to the National Indian Gaming Commission within 60 days
after an employee begins work, or within 60 days of the approval of this ordinance
by the Chairman of the National Indian Gaming Commission.

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

(6) Report to the National Indian Gaming Commission

(a) Pursuant to the procedures set out in subsection (5) of this section, the
Gaming Commission shall prepare and forward to the National Indian Gaming
Commission an investigative report on each background investigation. An
investigative report shall include all of the following:

{i.) Steps taken in conducting a background investigation;

(ii.) Results obtained;
(iii.) Conclusions reached; and

9


8. License Suspension

(a) If after the issuance of a gaming license, the Gaming Commission
receives reliable information from the National Indian Gaming Commission indicating
that a key or primary management official is not eligible for employment under
subsection (4) above, the Gaming Commission shall suspend such license and shall
notify the licensee in writing of the suspension and proposed revocation.

(b) The Gaming Commission shall notify the licensee of a time and a place
for a hearing on the proposed revocation of a license.

(c) After a revocation hearing, the Gaming Commission shall decide to
revoke or to reinstate a gaming license. The Gaming Commission shall notify the
National Indian Gaming Commission of its decision.

SECTION 2.08. LICENSE LOCATIONS.

The Gaming Commission shall issue a separate license to each place, facility,
or location on Indian lands where Class II gaming is conducted under this ordinance.

SECTION 2.09 MANAGEMENT CONTRACTS.

The Tribes may enter into a management contract for the operation and
management of gaming on the Reservation, with final approval by the Chairman of the
National Indian Gaming Commission, provided however, that no individual Tribal
member or non-Tribal member shall have any proprietary interest in the Tribal gaming
operation. The reference to management contracts in this section does not include
leases for services or supplies to the Tribal gaming operation.

SECTION 2.10. TRIBAL GAMING ACCOUNT.

(1) It is hereby authorized and directed to establish an account in one or more
federally-insured financial institutions designated as the Shoshone-Bannock Gaming
Account. All receipts derived from the Tribal gaming occasion shall be deposited into
the gaming account following the gaming occasion.

(2) All gaming accounts shall be maintained in a federally insured financial
institution.

(3) Gross receipts derived from the conduct of Tribal gaming shall not be
comingled with any other Tribal funds, and all games are to be accounted for
separately.

(4) One account shall be used as a regular checking account. Checks drawn

ua |


ORDINANCE

WHEREAS, on July 20, 1994, the Fort Hall Business Council enacted, and submitted for
approval, the Shoshone-Bannock Gaming Act to the National Indian Gaming Commission;
and

WHEREAS, upon further review, the Fort Hall Business Council has determined that Chapter
6 Pull Tabs should be deleted from the Act, the definition of Pull Tabs in Chapter 2, Section
2.01 should be deleted, and the Tribes should identify in Chapter 2, Section 2.07, the
Federal Bureau of Investigation to process all fingerprints of individual applicants, key
personnel and management; now

THEREFORE, BE IT ENACTED BY THE BUSINESS COUNCIL OF THE SHOSHONE-
BANNOCK TRIBES, that the Shoshone-Bannock Gaming Act of 1994 is amended to include
the deletion of Chapter 6 and the definition of Pull Tabs, and identifying the Federal Bureau
of Investigation to process the fingerprints of individuals,

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

Yui Ca

Mprvin D. Osborne, Chairman
Fort Hall Business Council

Dated this 16th day of August, 1994.

SEAL

CERTIFICATION

1 HEREBY CERTIFY, that the foregoing ordinance was passed while a quorum of the
Business Council was present by a vote of 6 in favor, and 1 not voting (MDO) on the date

this bears.
ThA Pannier

Delbert Farmer, Tribal Secretary
Fort Hall Business Council

FHBC-94-S8


CHAPTER 5: BINGO
SECTION 5.01. ADVERTISING.

Advertising of Tribal bingo games shall not be limited, except for application of
the Land Use Ordinance as it relates to billboard signs.

SECTION 5.02. SOLICITATION PROHIBITED.

No person shall sell or solicit any merchandise on premises where bingo is being
conducted unless authorized by the Gaming Commission. This prohibition does not
include the sale of food or refreshments, or arts and crafts.

SECTION 5.03. MINORS PROHIBITED.

No minor under the age of eighteen (18) years of age shall play any bingo game
conducted by the Tribes or licensed by the Gaming Commission. No person under the
age of eighteen shall be present on Tribal premises or in rooms where bingo is
conducted.

SECTION 5.04. ALCOHOL PROHIBITED.

No alcoholic beverages and/or illegal drugs shall be allowed on the premises
where bingo is being conducted. Anyone intoxicated or caught possessing and/or
using alcoholic beverages or illegal drugs shall be removed from the premises and
barred from playing bingo. Violators may be subject to a civil fine or criminal
prosecution.

SECTION 5.05. HOURS OF BINGO GAMES.

No bingo session shall be commenced before 9:00 a.m. The hours of
conducting bingo by the Tribes shall be set by the Tribal gaming manager, subject to
the approval of the Business Council and bingo licensed by the Gaming Commission
shall be approved by the Gaming Commission.

SECTION 5.06. SEATING CAPACITY.

Limitation of the number of bingo participants shall be determined by the
seating capacity of the premises/facility as defined by applicable safety standards.

SECTION 5.07. BINGO GAME FEE.

(1) A fee shall be established by the Tribal gaming manager for admission onto
the premises at which a regular Tribal bingo game is conducted, subject to approval

20


ORDINANCE

WHEREAS, on March 15, 1994, the Fort Hall Business Council enacted and submitted a
Tribal Gaming Ordinance to the National Indian Gaming Commission for review and
approval; and

WHEREAS, following review the Commission's counsel made some suggested changes prior
to approval; and

WHEREAS, the changes have been made and the Gaming Act is now ready for approval and
resubmission; now

THEREFORE, BE IT ENACTED BY THE BUSINESS COUNCIL OF THE SHOSHONE-
BANNOCK TRIBES, that the Shoshone-Bannock Gaming Act of 1994 is enacted and be
submitted to the National Indian Gaming Commission.

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

Ibe v Olen ——

Marvin D. Osborne, Chairman
Fort Hall Business Council

Dated this 20th day of July, 1994,

SEAL

CERTIFICATION

1! HEREBY CERTIFY, that the foregoing ordinance was passed while a quorum of the
Business Council was present by a vote of 6 in favor, and 1 not voting (MDO) on the date

this bears.
_—
Zibhid boumuh

Delbert Farmer, Tribal Secretary
Fort Hall Business Council

FHBC-94-S7

9410/8+ 00002.


to a requirement by the Tribes, or the National Indian
Gaming Commission in connection with the hiring or firing
of an employee, the issuance or revocation of a gaming
license, or investigations of activities while associated with
the Tribes or a gaming operation. Failure to consent to
disclosures indicated in this notice will result in the Tribes
being unable to hire you as a key employee or in a primary
management official position.

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

A false statement on any part of your application may be
grounds for not hiring you, or for firing you after you begin
work. Also, you may be punished by fine or imprisonment.
See 18 U.S.C. Sec. 1001.

(2) Notice. Existing key employees and primary management officials shall be
notified in writing that they shall either:

(a) Complete a new application form that contains a Privacy Act notice
and false statements notice; or

(b) Sign a statement that contains the Privacy Act notice and consent
to the routine uses described in that notice, and sign a statement
that contains the notice regarding false statements.

(3) Background Investigations. The Gaming Commission shall request from
each key employee and primary managment official the following information:

(a) Full name, other names used (oral or written), social security
number(s), birthdate, place of birth, citizenship, gender, all
languages spoken or written.

(b) Currently and for the previous five (5) years: business and
employment positions held, ownership interests in those
businesses, business and residence addresses, and driver’s license
numbers;

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

7


(v.) The basis for those conclusions.

(b) The Gaming Commission shall submit, with the report, a copy of the
eligibility determination made under subsection 4 of this section.

(c) If a license is not issued to an applicant, the Gaming Commission:

(i.) Shall notify the National Indian Gaming Commission; and

(ii.) May forward copies of its eligibility determination and investigative
report (if any) to the National Indian Gaming Commission for inclusion in the Indian
Gaming Individuals Records System.

i (d) With respect to key employees and primary management officials, the
Gaming Commission shall retain applications for employment and reports (if any) of
background investigations for inspection by the Chairman of the National Indian
Gaming Commission, or his or her designee, for no less than three (3) years from the
date of termination of employment.

(7) Granting a Gaming License

(a) If within a thirty (30) day period after the National Indian Gaming
Commission receives a report, the National Indian Gaming Commission notifies the
Gaming Commission that it has no objection to the issuance of a license pursuant to
a license application filed by a key employee for a primary management official for
whom the Gaming Commission has provided an application and investigative report
to the National Indian Gaming Commission, the Gaming Commission may issue a
license to such applicant.

(b) The Gaming Commission shall respond to a request for additional
information from the Chairman of the National Indian Gaming Commission concerning
a key employee or a primary management official who is the subject of a report. Such
a request shall suspend the 30-day period under paragraph (7)(a) of this section until
the Chairman of the National Indian Gaming Commission receives the additional
information.

(c) If within the thirty (30) day period described above, the National Indian
Gaming Commission provides the Gaming Commission with a statement itemizing
objections to the issuance of a license to a key employee or to a primary management
official for whom the Gaming Commission has provided an application and
investigative report to the National Indian Gaming Commission, the Gaming
Commission shall reconsider the application, taking into account the objections
itemized by the National Indian Gaming Commission. The Gaming Commission shall
make the final decision as to whether to issue a license to such applicant.

10