April 16, 2002 

Darren R. Pete 

Monteau & Peebles, LLP 

1001 Second Street 

Sacramento, CA 95814 

RE: Elern Indian Colony of Porno Indians Tribal Gaming Ordinance 

Dear Mr. Pete: 

This letter is in response to the submission of the Elem Indian Colony of Porno Indians Tribal 

Gaming Ordinance (ordinance), Resolution No. 1 -5-2002D, adopted on January 5,2002, for review 

and approval by the Chairman of the National Indian Gaming Commission~(N1GC). The ordinance 

was received on January 22, 2002. 

This letter constitutes approval of your submission under the Indian Gaming Regulatory Act 

("IGRA"). It is important to note that the gaming ordinance is approved for gaming only on Indian 

lands, as defined in the IGRA, over which the Tribe has jurisdiction. 

With approval of the Tribe's Gaming Ordinance, the Tribal Gaming Commission is 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, pursuant to 25 C.F.R. 5 556.5@), before the Tribal Gaming Commission issues a 

license to a key employee or primary management official 

Thank you for submitting the Gaming Ordinance for review and approval. The NIGC staff and I 

look forward to working with you and the Tribe on future gaming issues. 

If you have any questions concerning this letter or the ordinance review process, please contact Ms. 

Danna Jackson at 2021632-7003. 

Sincerely yours, 

Montie R. Deer 

Chairman 

NATIONAL HEADQUARTERS 1441 L Street NW, Suite 91 00, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NlCC.GOV 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK 
FRq : DXcR ECB PHONE M). : 707RB0968 Gpp. 11 2002 03:2SFIM Fa7 

A Rcvoluriw to Adopt the Elm lndian Colony of Pomo Indians Class IT and 111 Gnrning 

Ordinnnce of 2002 and Submit to the NIGC for Approval 

Wl-U5W, the Elcrn Indian Colony of Pomo Indians is a sovereign iderally recognized lribe 

as cstnblishcd pursuant to the Constitution and Bylaw for the Mom Indian C~lony 

of Pomo Indiens; and 

W1 BERICAS, ihc Gcnerrrl Council of thc Elem Indim Colony of Pomo l~dians is the governing 

body at'k Elm Indian Colony of Porno lndians p~arsuant b Article ill, Scctjon 1 

of hc Constitution and Bylaws fm the Elem lndian Colony of Pomo Indians; and 

WHEREAS, the General Council of& Elem Indian Colony of Porno Indians is nurhorized by 

its Constitution an9 Dylows, Article VII, Scction 1(g) to promulgatt and enfmm 

orctinmccs for dic Elem Indian C:olony of Pomo Indians; and 

WIIEmA6, we ihc General Council of thc Mcm Indiw Colony of Pomo lndians are ontus~ed 

with the pszvaii'~ of our cultural values, and promotion of the gcnural wolfarc of 

the Hem Indian Colony of Pamo Jndirtns; and 

WHEREAS, the p~aection. safety and wellarc of all persons, including, but not limited 10, the 

pavation of education, cconomic and employment opportimities, and 

mavation of cultural and nd resources, within the jurisdidion dthe Elem 

lndiari Colony of Pomo Indians, arc primary goals and oMmivcs of the General 

Council; and 

WIIEREAS, thc Geneal Council has determined tlIlii it is in ihc best interest to 3dqr, in its 

entirety, thc Rim bdian Colony of Pomo lndians Gaming Ordinance aecd to 

this Rcsolmion, including each TilIc as listed below: 

Title I Rcguiation of Class 11 and Class 111 Gaming 

Titlc ll 'liibal Envimnmmtd Code for Class I11 Gaming 

Title 111 Adoption of 1:edera.I C)ccupational Satkty and Hcalth Standards for 

the Class 111 Gunling Facility 

Title 1V ~dopticn of the Amerims with Disabilities Act Relolive lo Cass 

TI1 Gaming Facilities 

Titlc V ,Idoption of the FDA ! 999 iiood Code for the Class III Gaming 

1;nciiity 

i>o)osl Ofice Box i 968 . C!cariake Caks, California 95423 * '07-998-4 100 .%x '07-998-1 900 
FROM : DXcM ECB 

- . *k.. 

c. 

PHONE NO. : 7875766948 Rpr. 11 2002 63: 26FIP1 PBB 

%tie Vl Adoption of Fcderal Sufe Drinking Water Standards for the Class 

TI1 Gcuning Facility 

Titlc V11 Adoption of rhe Uniform Building Code, Unifonn Mechanical 

Code, Uniform Plumbing Code, Unif'orm Uectn'cal Code and other 

kclcvant Building and Conslrudion Standards for Dcvdopment of 

s Class JJ1 Gaming Facility 

NOW THEREFORE, IlF1 JT RK?!OLVEL), that the Elcm lndia~l Colony of Pmno Indians 

GcncraI Council hby adopts the Class IJ and Claw In -rribal Gaming Ordinance 

of 2002 atLachcd hemin, and thc Executive kmittcc Chtu'rpt:rso~l is authorized to 

exocutl: all dmumcnts nwmliury lo implement this Rcsolution. 

h li' FURTHER IRFSOLVED, thai ate Tn'bc's gaming attomys, Manteau & Peeblq LLY, 

arc directed to the atachcd Tribal Gaming Ordinance to Ihe ~atimal' Indian 

qds wjU ~mify that thc foregoing rcsoIution was considered at a meeting of the Genenl Council 

ofrhc Elem Indian Calony al'P~mo Tndians, duly called oq-tlp Sth day of January, 2002, ad 

was aQ@ by majority vofe. A quorum of fl-- was pnsmt. 

Dated this 5th day of January, 2002 

&,AJ-& g - 

Dclbcrt Thomas, jr., Chairr;lan 

Elem Indian ~ojon~ of ibno Indians . . . . 

Becutivc Committee 
TRIBAL GAMING ORDINANCE *A, 23 

OF THE 

ELEM INDIAN COLONY OF POMO INDIANS 

TITLE I 

REGULATION OF CLASS I1 AND CLASS 111 GAMING 

A law to authorize, license and regulate the conduct of Class II and Class III Gaming within the 

jrrrisdiction ofthe ELWZND/AN COLONY OF POMO INDIANS. 

SECTION 1 FINDINGS, INTENT AND POLICY 

1.1 Findings The ELEM INDIAN COLONY OF POMO INDIANS ("Tribe" or 

"Tribal") Executive Committee on behalf of the General Council finds that: 

1.1.1 Tribal regulation and control of Gaming within the jurisdiction of the 

Tribe is essential for the protection of public health and welfare of the 

Tribe and visitors to the Tribal community. 

1.1.2 The Tribe has the legal authority to license and regulate any Gaming 

Activity within the jurisdiction of the Tribe. 

1.1.3 Properly licensed and regulated Gaming are in conformance with 

announced Federal policy promoting Indian self-government and Indian 

Tribal economic self-sufficiency. 

1.1.4 It is essential that the Executive Committee regulate Gaming in a manner 

commensurate with applicable Federal, State of California ("State") and 

Tribal law and policy. 

1.1.5 The present needs of the Tribe are not adequately addressed by State and 

Federal programs including the need for increased employment, training, 

housing, health care, nutrition, educational opportunities, preservation of 

culture, social services and community and economic development. 

1.1.6 Tribal operation and licensing of Gaming is a legitimate means of 

generating revenue to address the aforementioned needs and pursuing the 

Tribe's goal of self-sufficiency and self-determination. 
1.1.7 The State, in recognition of the Tribe's sovereign right and need for 

Gaming, has entered into a TribalIState Compact ("Compact") pursuant to 

the terms and conditions of the Indian Gaming Regulatory Act. 

1.1.8 As a result of the foregoing, the adoption of a new and expanded Gaming 

Ordinance is in the best interest of the Tribe and State. 

1.2 Intent The Executive Committee, on behalf of the General Council, declares that 

the intent of this Code is to: 

1.2.1 Regulate, control, and oversee Gaming within the jurisdiction of the Tribe. 

1.2.2 State, declare and otherwise clarify that a License related to Gaming is a 

revocable privilege, not a right. 

1.2.3 Ensure that the operation of Tribally regulated Gaming can continue as a 

means of generating Tribal revenue. 

1.2.4 Ensure that Gaming is conducted fairly and honestly by both Licensees 

and players, and that it remain free from corrupt, incompetent, 

unconscionable and dishonest practices. 

1.2.5 Encourage Tribal economic development and employment opportunities. 

1.2.6 Ensure that all Gaming revenue is used for the benefit of the Tribe and its 

community. 

1.2.7 Ensure that the Tribe provides a fair and impartial forum for the resolution 

of Gaming disputes. 

1.2.8 Ensure that Tribal Gaming laws are strictly and fairly enforced upon 

Persons involved in Gaming Activity within the jurisdiction of the Tribe. 

1.3 Policy 

1.3.1 Tribal Policy of Self-Government The Tribe is firmly committed to the 

principle of Tribal self-government. Consistent with Federal policy, 

Gaming revenues shall be utilized and expended by the Executive 

Committee by resolution and only for the following purposes: 

(1) To find 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. 

(5) To preserve and protect cultural and historic resources. 

(6) To help to hnd operations of local government agencies, general 

governmental services, the maintenance of peace and good order, 

the establishment of educational systems and programs, and the 

promotion and regulation of economic activities within the 

sovereign jurisdiction of the Tribe. 

1.3.2 Tribal Gaming Policv The establishment, promotion and operation of 

Gaming is necessary, provided that such Gaming is regulated and 

controlled by the Tribe pursuant to the TribalIState Compact authorized by 

the Indian Gaming Regulatory Act, and that the revenues of such Gaming 

are used exclusively for the benefit of the Tribe. 

1.3.3 Tribal Ownership of Gaming Facilitv The Tribe shall have sole 

proprietary interest in and responsibility for the conduct of Gaming 

Facilities andlor Enterprises authorized by this Code. 

1.3.4 Tribal Class I1 Gaming Authorized Class I1 Gaming is authorized as 

defined in the IGRA, P.L. 100-447, 25 U.S.C. Section 2703(7)(A) and by 

regulations promulgated by the NIGC. 

1.3.5 Tribal Class 111 Gaming Authorized Class I11 Gaming is authorized and 

permitted only to the games identified pursuant to Section 4.1 of the 

TribalIState Compact as approved by the Secretary of the Interior, and 

played in accordance within the definitions and scope of the IGRA, P.L. 

100-447, 25 U.S.C. Section 2703(8) and by regulations promulgated by 

the NIGC. 

SECTION 2 DEFINITIONS 

In this Code, except where otherwise specifically provided or the context otherwise 

requires, the following terms and expressions shall have the following meanings: 

2.1 "Adjusted Gross Revenues" means gross revenues less all cash prizes or the 

aggregate price of merchandise prizes, except in the case of the games of draw 

poker and stud poker. Regarding games of draw poker and stud poker, "adjusted 

gross revenues" means the time buy-ins or tournament fees collected by the 

Licensee. 

2.2 "Applicant" means any Person or entity who has applied for a License under the 

provisions of this Code. 
"Application" means a request for the issuance of a License for employment by a 

Gaming Facility, or for approval of any act or transaction for which approval is 

required or permitted under the provisions of this Code. 

L'A~~~~iati~n" means representatives from California tribes, the California State 

Division of Gaming Control and the California Gambling Control Commission as 

established pursuant to Section 2.2 of the Compact. 

"Bingo" means the game of chance commonly known as bingo (whether or not 

electronic, computer or other technologic aids are used in connection therewith) 

which is played for prizes, including monetary prizes, with cards bearing numbers 

or other designations, in which the holder of each card covers such numbers or 

designations when objects, similarly numbered or designated, are drawn or 

electronically determined, and 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, tipjars, instant bingo and other games similar to bingo. 

"Breakage" means the remainder by which the amount payable on each dollar 

wagered exceeds a multiple of ten cents, and in a minus pool, five cents. 

"Capital Cost" means any disbursement for Personal property, the usefil life of 

which is expected to extend beyond one year. 

"Cash" means any currency commonly accepted as legal tender, including but 

not limited to currency, traveler's checks, credit cards, and electronic debit cards. 

"Casino" means an establishment in which several Gaming activities or 

enterprises are operated. 

"Charitable Gaming Ticket" means any game piece used in the play of a paper 

pull tab game, or jar ticket game, or raffle. 

"Cheating" means a Person's operating or playing in any game in a manner in 

violation of the written or commonly understood rules of the game, with the intent 

to create for himself or someone in privity with him an advantage over and above 

the chance of the game. 

"Class I1 Gaming" means those Gaming activities as defined as Class I1 Gaming 

in the IGRA of 1988, P.L. 100-447,25 U.S.C. Section 2703(7). 

"Class 111 Gaming" means those Gaming activities as defined as Class I11 

Gaming in the IGRA of 1988, P.L. 100-447,25 U.S.C. Section 2703(8). 

"Code" means this Tribal Gaming Ordinance of the Elem Indian Colony of Porno 

Indians, as amended. 
2.15 "Committee" or "Executive Committee" means the elected members of the 

General Council pursuant to Article 111, Section 3 of the Tribe's Constitution. 

2.16 "Compact" means the Gaming compact between the Tribe and the State, as 

authorized by the Indian Gaming Regulatory Act. 

2.17 "Compensation" means all wages salaries, perks, bonuses and all other forms of 

enumeration for services rendered. 

2.18 "Contract" means any legally binding agreement made between an Licensee and 

another Person for the purpose of conducting any form of lawhl Gaming 

Activity, or providing goods or services to any lawhl Gaming Activity or 

operation. 

2.19 "Council" or "General Council" means the governing body of the Tribe 

2.20 "Determination of Suitability" means a formal finding by the Tribal Gaming 

Commission or State Gaming Agency that the Applicant or Licensee is suitable to 

obtain andlor maintain the License. 

"Employee" means any person who (a) operates, maintains, repairs, assists in any 

Gaming Activity, works in, or is in any way responsible for supervising such 

Gaming Activities or persons who conduct, operate, account for, or supervise any 

such Gaming Activity, (b) is in a category under federal or Tribal gaming law 

requiring licensing, (c) is an employee of the Tribal Gaming Commission with 

access to confidential information, or (d) is a person whose employment duties 

require or authorize access to areas of the Gaming Facility that are not open to the 

public. 

2.22 "Enrolled Tribal Member" means a Person who is enrolled with the Tribe, and 

whose name appears on the tribal membership roll. 

2.23 "Enterprise" means the economic entity that is licensed by the Tribal Gaming 

Commission, operates the games, receives the revenues, issues the prizes, and 

pays the expenses. A Gaming Enterprise may be operated by the Tribe or a 

Management Contractor. 

2.24 "Equipment for Games of Chance" (see "Gaming Device"). 

2.25 "Exclusive License" means a license, which precludes the Tribal Gaming 

Commission from issuing to another a license for the same specific form of 

Gaming during the life of the exclusive license. An Applicant must demonstrate 

and the Tribal Gaming Commission must find that the issuance of an Exclusive 

License is in the economic interest and welfare of the Tribe. 
"Financial Source" as that term is used in 5 6.4.6 of the Compact, and in this 

Code, means every Person, with whom the Tribe enters into an agreement or 

contract for the purpose of extending financing to the Tribe, the proceeds of 

which are used either directly or indirectly to finance the Gaming Facility or 

Enterprise. For the purposes of this section and 5 5.1.3, the term "Contract" 

means an agreement between the Tribe, or any Tribal subdivision, arm, or entity, 

and another Person. Financial Sources must be licensed. 

"Games of Chance" means any game or activity, which falls within the broad 

definition of Gaming or Gaming Activity. 

"Gaming" or "Gaming Activity" means any activity, operation or game of 

chance in which any valuable consideration may be wagered upon the outcome 

determined by chance, skill, speed, strength or endurance, and in which any 

valuable prize is awarded to the player so wagering. 

"Gaming Device" means a slot machine, including an electronic, 

electromechanical, electrical, or video device that, for consideration permits: 

individual play with or against that device or the participation in any electronic, 

electromechanical, electrical, or video system to which that device is connected; 

the playing of games thereon or therewith, including, but not limited to, the 

playing of facsimiles of games of chance or skill; the possible delivery of, or 

entitlement by the player to, a prize or something of value as a result of the 

application of an element of chance; and a method for viewing the outcome, prize 

won, and other information regarding the playing of games thereon or therewith. 

"Gaming Facility" means any building in which Class I11 Gaming Activities or 

Gaming operations occur, or in which the business records, receipts, or other 

hnds of the Gaming operation are maintained (but excluding offsite facilities 

primarily dedicated to storage of those records, and financial institutions), and all 

rooms, buildings, and areas, including hotels, ancillary businesses, parking lots 

and walkways, a principal purpose of which is to serve the activities of the 

Gaming operation, provided that nothing herein prevents the conduct of Class I1 

Gaming (as defined under IGRA) therein. 

"Gaming Program" means any Tribal program, which oversees one or more 

parts of the operation of Gaming. The Gaming Program must be licensed by the 

Tribal Gaming Commission. 

"Gaming Vendor" means the same as a "Gaming Resource Supplier" as defined 

by the Compact or any Person or entity who, directly or indirectly, manufactures, 

distributes, supplies, vends, leases or otherwise purveys Class I1 Gaming or Class 

I11 Gaming resources to the Gaming Facility, provided that the Tribal Gaming 

Commission may interpret this definition to exclude a purveyor of equipment or 

hrniture that is not specifically designed for, and is distributed generally for use 

other than in connection of Gaming. Gaming Vendors must be Licensed 
2.33 "General Manager" means the Person or entity, which has management 

responsibilities for the Gaming Activity, and which shall have access to all areas 

of the Gaming Facility, provided that such access to the surveillance room and 

count room shall be by prior notice to the Tribal Gaming Commission. 

2.34 "Gross Revenues" means all gaming and non-gaming revenues collected or 

received from the lawfbl Gaming Enterprise. 

2.35 "Immediate Family" means, with respect to the Person under consideration, a 

husband, wife, father, mother, son, daughter, brother, sister, father-in-law, 

mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 

stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother 

or half sister. 

2.36 "Indian Gaming Regulatory Act" or "IGRA" means Public Law 100-497, 102 

Stat. 2426, 25 U. S.C. $8270 1, et seq. (1 988), as amended. 

2.37 "Indian Lands" means: 

2.37.1 Lands within the limits of the Tribe's exterior boundaries, whereby it 

exercises sovereign jurisdiction over such lands, notwithstanding the 

issuance of any patent and including rights-of-way running through such 

lands; and 

2.37.2 Land title to which is either held in trust by the United States for the 

benefit of the Tribe or individual Indian or held by the Tribe subject to 

restriction by the United States against alienation and over which the Tribe 

exercises governmental powers; and 

2.37.3 Lands that may be acquired by the Tribe that meet the requirements of 25 

U.S.C. Section 2719 et. seq. 

2.38 "In privity with" means a relationship involving one who acts jointly with 

another or as an accessory before the fact to an act committed by the other or as a 

co-conspirator with the other. 

2.39 "IRS" means the United States Internal Revenue Service. 

2.40 "Key Employee" means: 

2.40.1 A Person who performs one or more of the following functions: 

(1) Bingo caller; 

(2) Counting room supervisor and Personnel; 
(3) Chief of security, or any Person who supervises or directs other 

employees engaged in providing security or surveillance services; 

(4) Custodian of Gaming supplies or cash; 

(5) Floor manager; manager or General Manager; 

(6) Pit boss; 

(7) Dealer; 

(8) Croupier; 

(9) Approver of credit or whose recommendation in this regard are 

ordinarily sought or followed; or 

(10) Custodian of gambling devices including Persons with access to 

cash and accounting records within such devices; 

2.40.2 If not otherwise included, any other Person whose total cash compensation 

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

2.40.3 If not otherwise included, any other Person who supervises or directs other 

employees engaged in the control of Gaming assets and revenues and 

record keeping, including the recording of cash and evidences in 

indebtedness, and the maintenance, review, or control of the records, 

accounts, and reports of transactions; or 

2.40.4 If not otherwise included, the four most highly compensated Persons in the 

Gaming Facility; or 

2.40.5 Any Applicant or Person the Tribal Gaming Commission finds is 

important or necessary to the operation of the Gaming Facility. 

2.41 "Licensett means the official, legal and revocable permission granted by the 

Tribal Gaming Commission to an Applicant to conduct "Licensed" Gaming 

Activities of the Tribe. 

2.42 "1,icensee" means the Employee, Key Employee, Primary Management Official, 

Vendor, Enterprise or Facility that has legitimately obtained a valid License. 

2.43 ttLotto" means a form of Gaming in which the revenues derived from the sale of 

tickets or chances are pooled and those revenues or parts thereof allotted by 

chance to one or more chance takers or ticket purchasers. The amount of cash 

prizes or winnings is determined by the Licensee conducting the "lottery," and a 

progressive pool is permitted. 
"Management Contract" means any Contract for the management of Class I1 or 

Class I11 Gaming within the meaning of IGRA and any Contract entered between 

the Tribe and a Vendor, which authorizes the Vendor to manage any Gaming or 

Gaming Facility, including any Contract defined as a Management Contract under 

IGRA by the NIGC. 

"Management Contractor" means any Person or entity who has entered into a 

Class I1 or Class I11 Gaming Management Contract or is a Vendor who is 

authorized to manage Gaming or Gaming Facility, including any Person who is 

regarded as a Management Contractor within the meaning of IGRA or the NIGC. 

"National Indian Gaming Commission" or "NIGC" means the National Indian 

Gaming Commission established by the IGRA. 

"Net Revenues" means Gross Revenues less amounts paid out as prizes and less 

total Gaming related operating expenses, excluding Management Contractor fees. 

"Net Win" means the "net win" as defined by the American Institute of Certified 

Public Accountants. 

"Participate" in any Gaming means operating, directing, financing or in any way 

assisting in the establishment of or operation of any class of Gaming or any site at 

which such Gaming is being conducted, directly or indirectly, whether at the site 

in Person or off the Reservation. 

"Person" means any individual, partnership, joint venture, corporation, joint 

stock company, company, firm, association, trust, estate, club, business trust, 

municipal corporation, society, receiver, assignee, trustee in bankruptcy, political 

entity and any owner, director, officer or employee of any such entity or any 

group of individuals acting as a unit, whether mutual, cooperative, fraternal, 

nonprofit, or otherwise, the government of the Tribe, any governmental entity of 

the Tribe or any of the above listed forms of business entities that are wholly 

owned or operated by the Tribe; provided, however, that the term does not include 

the Federal Government and any agency thereof. The plural of "Person" is 

"people." 

"Player" means a Person participating in a game with the hope of winning 

money or other benefit, but does not include an Licensee or any assistant of an 

Licensee. 

"Primary Management Ofllcial" means: 

2.52.1 The Person having management responsibility for the overall operation of 

the Enterprise or Facility, or a management contract; or 
2.52.2 Any Person who has authority to: 

(1) Hire and fire employees; or 

(2) Set up working policy for the Gaming Operation; or 

2.51.3 The Chief Financial Officer or other Person who has financial 

management responsibility. 

2.53 "Progressive Gaming" means any game in which a cash prize which, not being 

won by any player during any game, is retained and hrther monetarily enhanced 

by the Licensee or eligible organization, and offered as a prize to players in the 

next game. 

2.54 "Pull-tabs, Punchboards and Tip Jars" means a form of Gaming in which 

preprinted cards utilizing symbols or numbers in random order which are 

uncovered by random choice in expectation of cash prizes if prescribed 

combinations of symbols and numbers are revealed. 

2.55 "Ramel' means a form of Gaming in which each player buys a ticket for a chance 

to win a prize with the winner determined by a random method. "Raffle" does not 

include a slot machine. 

2.56 "Reservation" means lands defined as "Indian Lands" herein. 

2.57 "State" means the State of California. 

2.58 "State Gaming Agency" means the entity of the State pursuant to the 

Gambling Control Act, pursuant to Division 8 of the Business and Professions 

Code, Chapter 5, Sec. 19800 et. seq. 

2.59 "State Gaming Facility Compliance Agent" means the Person appointed 

pursuant to Section 6.4.2(d) of the Compact. 

2.60 "Tribal Court" means the Court created, if and when created by the Tribe's 

Constitution, or in the alternative, the Executive Committee until such Tribal 

Court is created. 

2.61 "Tribe" means the Elem Indian Colony of Pomo Indians. 

2.62 "Wager" means the initial bet made in any game. 

SECTION 3 GENERAL PROVISIONS 

3.1 Authority This Code is enacted pursuant to the inherent sovereign powers of the 

Tribe pursuant to Article VII, Section l(g) of the Tribal Constitution, and 

pursuant to the powers of the Executive Committee pursuant to Article VII, 
Section 2(a) of the Tribal Constitution. 

3.2 Title, Repeal of Prior Laws, and Effect of Repeal This Code may be cited as 

the Elem Indian Colony of Pomo Indians Gaming Code or "Code". 

3.2.1 All titles, chapters and sections of the Tribal Code which pertain to 

Gaming and are in effect as of the date that this Code becomes operative, 

are hereby repealed, and all other laws, or parts thereof, inconsistent with 

the provisions of this Code are hereby repealed. 

3.2.2 Repeal of this Code, or any portion thereof, shall not have the effect of 

reviving any prior Law, Ordinance, or Resolution theretofore repealed or 

suspended. 

3.3 Construction In construing the provisions of this Code, unless the context 

otherwise requires, the following shall apply: 

3.3.1 This Code shall be liberally construed to effect its purpose and to promote 

substantial justice. 

3.3.2 Words in the present tense include the hture and past tenses. 

3.3.3 Words in the singular number include the plural, and words in the plural 

number include the singular. 

3.3.4 Words of the masculine gender or neuter include masculine and feminine 

genders and the neuter. 

3.4 Severability If any section of this Code is invalidated by a court of competent 

jurisdiction, the remaining sections shall not be affected thereby. 

3.5 Effective Date The Code shall become effective upon the date of its approval by 

the Chairman of the NIGC pursuant to the IGRA. 

SECTION 4 TRIBAL GAMING COMMISSION 

4.1 Establishment The General Council hereby charters, creates and establishes the 

Elem Indian Colony of Pomo Indians Tribal Gaming Commission as a 

governmental subdivision of the Tribe. 

4.2 Location and Place of Business 

4.2.1 Gaming Facilitv The Tribal Gaming Commission shall maintain its 

headquarters, principal place of business and office within the Gaming 

Facility. 
4.2.2 Other Locations The Tribal Gaming Commission may, however, with a 

majority vote from the General Council, establish other places of business 

in such other locations as the Tribal Gaming Commission may from time 

to time determine to be in the best interest of the Tribe. 

4.3 Duration The Tribal Gaming Commission shall have perpetual existence and 

succession in its own name, unless dissolved by the General Council pursuant to 

Tribal law. 

4.4 Attributes As a governmental subdivision of the Tribe, the Tribal Gaming 

Commission is responsible and accountable to the Executive Committee, and is 

under the directive and control of the General Council, but it is the purpose and 

intent of the General Council that the operations of the Tribal Gaming 

Commission be conducted on behalf of the Tribe for the sole benefit and interests 

of the Tribe, its members and the residents of the Reservation. 

4.4.1 Arm of Tribe In carrying out its purposes under this Code, the Tribal 

Gaming Commission shall function as an arm of the Tribe. 

4.4.2 Tribe Actions Notwithstanding any authority delegated to the Tribal 

Gaming Commission under this Code, the Tribe reserves to itself the right 

to bring suit against any Person or entity in its own right, on behalf of the 

Tribe or on behalf of the Tribal Gaming Commission, whenever the Tribe 

deems it necessary to protect the sovereignty, rights and interests of the 

Tribe or the Tribal Gaming Commission. 

4.5 Recognition as a Political Subdivision of the Tribe The General Council, on 

behalf of the Tribal Gaming Commission, shall take all necessary steps to acquire 

recognition of the Tribal Gaming Commission as a political subdivision of the 

Tribe, recognized by all branches of the United States Government as having been 

delegated the right to exercise one or more substantial governmental functions as 

specifically authorized under the terms and conditions of this Code. 

4.6 Sovereign Immunity of the Tribal Gaming Commission 

4.6.1 Authority The Tribal Gaming Commission is clothed by Federal and 

Tribal law with all the privileges and immunities of the Tribe, except as 

specifically limited by this Code, including sovereign immunity from suit 

in the State, Federal or Tribal Court. 

4.6.2 No Waiver Nothing in this Code shall be deemed or construed to be a 

waiver of sovereign immunity of the Tribal Gaming Commission from 

suit, which shall only be waived pursuant to subsection 4.7 below. 

4.6.3 No Consent to Jurisdiction Nothing in this Code shall be deemed or 

construed to be a consent of the Tribal Gaming Commission to the 
jurisdiction of the United States or of any state or of any other tribe with 

regard to the business or affairs of the Tribal Gaming Commission. 

4.7 Waiver of Sovereign Immunity of the Tribal Gaming Commission The 

sovereign immunity of the Tribal Gaming Commission may be waived only by 

express resolutions of both the Tribal Gaming Commission and the General 

Council after consultation with its attorneys. 

4.7.1 Resolution Effectinp Waiver All waivers of sovereign immunity must be 

preserved with the resolutions of the Tribal Gaming Commission and the 

General Council of continuing force and effect. 

4.7.2 Policy on Waiver Waivers of sovereign immunity are disfavored and shall 

be granted only when necessary to secure a substantial advantage or 

benefit to the Tribal Gaming Commission. 

4.7.3 Limited Nature to Waiver Waivers of sovereign immunity shall not be 

general but shall be specific and limited as to duration, grantee, 

transaction, property or finds, if any, of the Tribal Gaming Commission 

subject thereto, court having jurisdiction pursuant thereto and law 

applicable thereto. 

4.7.4 Limited Effect of Waiver Neither the power to sue and be sued provided 

in subsection 4.7 herein, nor any express waiver of sovereign immunity by 

resolution of the Tribal Gaming Commission or the General Council, shall 

be deemed a consent to the levy of any judgment, lien or attachment upon 

property of the Tribal Gaming Commission other than property 

specifically pledged or assigned, or a consent to suit in respect of any land 

within the exterior boundaries of the Reservation or a consent to the 

alienation, attachment or encumbrance of any such land. 

4.8 Sovereign Immunity of the Tribe All inherent sovereign rights of the Tribe as a 

Federally-recognized Indian Tribe, with respect to the existence and activities of 

the General Council and the Executive Committee, are hereby expressly reserved, 

including sovereign immunity from suit in any state, Federal or Tribal court. 

4.9 Assets of the Tribal Gaming Commission The Tribal Gaming Commission 

shall have only those assets specifically assigned to it by the General Council or 

acquired in its name by the Tribe or by it on its own behalf. No activity of the 

Tribal Gaming Commission nor any indebtedness incurred by it shall implicate or 

in any way involve any assets of Tribal Membership or the Tribe not assigned in 

writing to the Tribal Gaming Commission. 
4.10 Membership 

4.10.1 Number of Commissioners The Tribal Gaming Commission shall be 

comprised of five (5) Tribal Gaming Commissioners. 

4.10.2 Organization The Commission will consist of a Chairman and four (4) 

Commissioners. 

(1) The Chairman shall direct Tribal Gaming Commission meetings, be 

responsible for day-to-day operations of the Tribal Gaming 

Commission and supervise Tribal Gaming Commission employees, 

provided that the Chairman shall not supervise the Commissioners. 

(2) The Chairman shall be the agent for service of process. 

(3) The Tribal Gaming Commission shall keep minutes of meetings and 

provide a copy to the Executive Committee. 

4.10.3 Qualifications for Tribal Gaming Commission Positions 

(1) Must be an Enrolled Member of the Tribe. 

(2) Must pass the scrutiny of a background check pursuant to 4.10.5 

below. 

(3) Tribal Gaming Commissioners shall have expertise, experience, 

education or a combination thereof in the following areas: finance, 

management, legal, business, governmental regulation, and Tribal 

policy and law. 

(4) Tribal Gaming Commissioners shall be at least twenty-one (21) 

years of age. 

(5) Must not be an Immediate Family Member of an existing 

Commissioner. 

4.10.4 Date of Election The Tribal Gaming Commissioners shall be elected 

during a duly called General Council meeting. The election of the Tribal 

Gaming Commissioners shall take place in the month of November of 

each year when necessity dictates. The Executive Committee shall create 

job descriptions, terms and conditions of employment for each Tribal 

Gaming Commissioner. 

4.10.5 Background Check Prior to the time that any Tribal Gaming Commission 

member takes office on the Tribal Gaming Commission, the Tribe shall 
pefiorm or arrange to have performed a comprehensive background check 

on each prospective member. No Person shall serve as a Commissioner if 

(1) His/Her prior activities, criminal record, if any, or reputation, 

habits or associations: 

(i) Pose a threat to the public interest; or 

(ii) Threaten the effective regulation and control of Gaming; or 

(iii) Enhance the dangers of unsuitable, unfair, or illegal 

practices, methods, or activities in the conduct of Gaming; 

or 

(2) HeJShe has been convicted of or entered a plea of no10 contendere 

to a felony of any jurisdiction or to a misdemeanor involving 

dishonesty or moral turpitude in any jurisdiction; or 

(3) HeJShe has a direct monetary or financial interest in the conduct of 

any Gaming Enterprise or is in privity with a Management 

Contractor; or 

(4) HeJShe is presently a member of the Executive Committee. 

4.11 Term of Office The Tribal Gaming Commission elected under this Code 

shall hold their respective Commission as follows: three (3) Commissioner 

positions shall be for three (3) years; a Commissioner position for two (2) years; 

and a Commissioner position for one (1) year. Upon the expiration of the first 

terms, each Commissioner thereafter shall be elected for three (3) year staggered 

terms. The Tribal Gaming Commissioners holding their respective positions prior 

to this Code shall remain in their positions until the first Tribal Gaming 

Commission election under this Code. 

4.12 Ex-Officio Members At the sole direction of the Executive Committee, any 

member of the Executive Committee, Tribal or Bureau of Indian Affairs 

employee, or any other Person may be designated to Participate, without vote, in 

Tribal Gaming Commission meetings. 

4.13 Meetings 

4.13.1 Regular Meetinns The Tribal Gaming Commission shall set a day of the 

week to conduct formal business at least once per week. Nothing in this 

Code shall prohibit the Commission from authorizing telephone and offsite meetings. 
4.13.2 Special Meetings Special meetings may be called at the request of the 

Executive Committee, the Chairman of the Tribal Gaming Commission or 

by a majority vote of the Gaming Commissioners. 

4.13.3 Quorum A quorum for all meetings shall consist of three (3) members. 

4.13.4 Voting All questions arising in connection with the action of the Tribal 

Gaming Commission shall be decided by majority vote. 

4.14 Compensation of Commissioners The compensation of Tribal Gaming 

Commissioners shall be established by the Executive Committee. 

4.15 Removal of Members or Vacancies 

4.15.1 Removal A Commissioner may be removed by the Council for the 

following reasons: serious inefficiency, neglect of duty, malfeasance, 

misfeasance, nonfeasance, misconduct in oflice, or for any conduct which 

threatens the honesty and integrity of the Tribal Gaming Commission or 

otherwise violates the letter or intent of this Code. 

4.15.2 Due Process Except as provided below, no Commissioner may be 

removed without notice and an opportunity for a hearing before the 

Council, and then only after the Commissioner has been given written 

notice of the specific charges at least ten (10) days prior to such hearing. 

At any such hearing, the Commissioner shall have the opportunity to be 

heard in Person, or at their own expense by legal counsel, and to present 

witnesses on his behalf. 

4.15.3 Temporarv Suspension If the Council determines that immediate 

suspension of a Commissioner is necessary to protect the interests of the 

Tribe, the Council may hold a hearing with the Commissioner to suspend 

the Commissioner temporarily, and the question of permanent removal 

shall be determined thereafter pursuant to Tribal Gaming Commission 

hearing procedures pursuant to 4.15.2 herein. 

4.15.4 Written Record A written record of all removal proceedings together with 

the charges and findings thereon shall be kept by the Executive Committee 

Secretary. 

4.15.5 Removal Final The decision of the General Council upon the removal of a 

Commissioner shall be final. 

4.15.6 Vacancies If any Commissioner shall die, resign, be removed or for any 

reason be unable to serve as a Commissioner, the Council shall declare 

hislher position vacant and shall cause to be conducted an election to fill 

the position within thirty (30) days of the vacancy. The terms of office of 
each Commissioner elected to replace an initial Commissioner shall be for 

the balance of any un-expired term for such position provided, however, 

that any prospective electee must meet the qualifications established by 

this Code. 

4.16 Conflict of Interest No Person shall serve as a Commissioner if helshe or any 

member of hislher Immediate Family has an ownership, partnership or other 

direct financial interest, other than a regular salary interest, in any Gaming 

Enterprise, or if helshe has any other Personal or legal relationship which places 

himlher in a conflict of interest. 

4.17 Powers of the Tribal Gaming Commission In furtherance, but not in limitation, 

of the Tribal Gaming Commission's purposes and responsibilities, and subject to 

any restrictions contained in this Code or other applicable law, the Tribal Gaming 

Commission shall have, and is authorized to exercise by majority vote, the 

following powers in addition to all powers already conferred by this Code: 

4.17.1 To reasonably inspect and regulate all Gaming within the jurisdiction 

of the Tribe, provided that the Commission does not make 

Management decisions as to the day-to-day operations of the Gaming 

Enterprise. 

4.17.2 To investigate any reported violations of this Code, the Compact, or 

any other applicable law regarding Gaming within the jurisdiction of 

the Tribe. 

4.17.3 To act as liaison with the NIGC and the California Division of Gaming 

Control and the California Gambling Control Commission. 

4.17.4 To publish and distribute copies of this Code and Tribal Gaming 

Commission rules and any Executive Committee, Tribal Gaming 

Commission or Tribal Court decisions regarding Gaming matters. 

4.17.5 To prepare and submit for Executive Committee approval proposals, 

including budget and monetary proposals related to the operation of 

the Tribal Gaming Commission, which could enable the Tribe to better 

carry forth the policies and intent of this Code. 

4.17.6 To work directly, and only with the Executive Committee with regard 

to any Gaming issues. 

4.17.7 To make or cause to be made reasonable inspections or investigations 

as it deems necessary to ensure compliance with this Code. In 

undertaking such investigations, the Tribal Gaming Commission may 

request the assistance of Tribal Gaming staff, Federal and local law 

enforcement officials, legal counsel and other third parties. 
To request the assistance of the Gaming Review Board when 

established, in conducting Gaming hearings. 

To arrange for training of Tribal Gaming Commission members and 

employees in areas relating to the regulation or operation of Gaming. 

Upon prior explicit resolution and approval of the General Council, to 

employ such advisors as it may deem necessary. Advisors may 

include, but are not limited to, lawyers, accountants, law enforcement 

specialists and Gaming professionals. 

To promulgate rules and regulations to implement and hrther the 

provisions of this Code, including the development of a personnel and 

procedures policy with regard to its own employees; provided such 

rules or regulations are approved by General Council resolution or 

ordinance. 

To accept, review, approve or disapprove any Application for a 

License. 

To consult with and make recommendations to the General Council 

regarding changes in Tribal Gaming laws and policies. 

To examine under oath, either orally or in writing, in hearings or 

otherwise any Person or agent, officer or employee of any Person, or 

any other witness with respect to any matters related to this Code, 

including enforcement of tribal Gaming laws, regulations, and 

policies, and to compel by subpoena the attendance of witnesses and 

the production of any books, records, and papers with respect thereto. 

To make, or cause to be made by its agents or employees, an 

examination or investigation of the place of business, equipment, 

facilities, tangible Personal property and the books, records, papers, 

vouchers, accounts, documents and financial statements of any 

Gaming operating, or suspected to be operating, within the jurisdiction 

of the Tribe. 

To delegate to an individual member of the Tribal Gaming 

Commission, or to an individual member of the Executive Committee, 

or Tribal staff, such of its hnctions as may be necessary to administer 

these ordinances efficiently; provided, that the Tribal Gaming 

Commission may not re-delegate its power to exercise any of the 

substantial governmental hnctions of the Tribe or its power to 

promulgate rules and regulations; and provided hrther that the Tribal 
Gaming Commission may not delegate to any Person the power to 

permanently revoke a License. 

To issue fines and sanctions to the Gaming Facility if it is operating in 

violation of this Code, and report significant violations of the Compact 

to the Executive Committee, General Council and the State Gaming 

Agency. 

To sue or be sued in courts of competent jurisdiction within the United 

States and Canada, subject to Sections 4.6 and 4.7 herein; provided, 

that no suit shall be brought by the Tribal Gaming Commission 

without the prior explicit written approval of the General Council. 

To use the seal of the Tribal Gaming Commission, or the seal of the 

Tribe with the approval of the General Council. 

To arbitrate, compromise, negotiate or settle any dispute to which it is 

a party relating to the Tribal Gaming Commission's authorized 

activities. 

To exercise the Tribal power to tax, authorized by the Tribal 

Constitution in accordance with a General Council resolution 

delegating such power to the Tribal Gaming Commission solely for the 

purpose of allowing it to charge administrative and License 

Application fees to Gaming License Applicants which are reasonably 

related to the costs of operating the Commission. 

To purchase insurance from any stock or mutual company for any 

property or against any risk or hazard. 

With prior approval of the General Council, to make application and 

accept grants and other awards from private and governmental sources 

in carrying out or hrthering the purposes of the Tribal Gaming 

Commission or the Tribe. 

To establish and maintain such bank accounts as may be necessary or 

convenient. 

To require the filing of any records, forms, and reports and all other 

information desired by the General Council or required by this Code. 

To provide for an internal system of record keeping with adequate 

safeguards for preserving confidentiality as deemed necessary by the 

Tribal Gaming Commission for retaining records, forms and reports at 

least three (3) years. 
To adopt a schedule of fees to be charged for Licenses. 

To adopt a schedule of fees for services rendered relating to transcripts 

and the furnishing or certifying of copies of proceedings, files, and 

records. 

To conduct or arrange for background investigations of all Applicants. 

To discipline any Licensee or Person participating in Gaming by 

ordering immediate compliance with this Code, and to issue an order 

of temporary suspension of any License issued under this Code 

pursuant to the hearings and due process required by Section 4.22 and 

4.23 herein. 

To issue an order of temporary closure of a Gaming Facility in the 

event the Tribal Gaming Commission determines that immediate 

closure is necessary to protect assets or interests of the Tribe pursuant 

to the due process and hearings required by Section 4.22 and 4.23 

herein. 

To become self-regulating whenever the Tribe becomes eligible for a 

certificate of self-regulation under the IGRA. 

To file with the State Gaming Agency a request to be heard on any 

denial of a Determination of Suitability as defined by the TribalIState 

Compact. 

To ask for the assistance of the State Gaming Agency to carry out the 

Class I11 provisions of this Code and to reimburse the State Gaming 

Agency for any costs that it occurs in the provision of this service. 

To assist Management in taking all steps necessary and appropriate to 

insure the physical safety of all Tribal Gaming Enterprises, their 

Licensees, patrons and employees. 

Notwithstanding any authority granted herein, the Tribal Gaming 

Commission shall endear to follow rules, regulations, standards, 

specification and procedures which are consistent with the State 

Gaming Agency's rules, regulations, standards, specifications and 

procedures adopted pursuant to Sections 6.0- 8.0 of the Compact. 

To enact and adhere to its own internal controls including a Conflict of 

Interest Policy governing Commissioners and Tribal Gaming 

Commission staff. 
4.17.38 To file a quarterly report to the Executive Committee summarizing 

reports received from the Tribe's Management Contractor or General 

Manager pursuant to Section 9.1.3, and hrther to make such 

comments as it deems necessary to keep the Executive Committee 

hlly informed as to the status of the Tribal Gaming Commission's 

activities in response to those reports. 

4.18 Annual Budget The Tribal Gaming Commission shall prepare an annual 

operating budget for all Tribal Gaming Commission activities and present it to the 

Council by October 15 of each year. 

4.19 Tribal Gaming Commission Regulations 

4.19.1 Tribal Gaming Commission regulations necessary to carry out the orderly 

performance of its duties and powers shall include, but shall not be limited 

to, the following: 

(1) The Minimum Internal Control Standards ("MICS") as issued by 

the NIGC; 

(2) Interpretation and application of this Code, as may be necessary to 

enforce the Tribal Gaming Commission's duties and exercise its 

powers; 

(3) A regulatory system for overseeing Gaming, including accounting, 

contracting, management and supervision; 

(4) The findings of any reports or other information required by or 

necessary to implement this Code; and 

(5) The conduct of inspections, investigations, hearings, enforcement 

actions and other powers of the Tribal Gaming Commission 

authorized by this Code. 

4.19.2 No regulation of the Tribal Gaming Commission shall be of any force or 

effect unless it is adopted by the Tribal Gaming Commission by written 

resolution and subsequently approved by a resolution of the General 

Council and both resolutions filed for the record in the office of the 

Executive Committee Secretary. 
4.20 Right of Entrance; Bi-Monthly Inspection. The Tribal Gaming Commission 

and duly authorized officers and employees of the Tribal Gaming Commission, 

during regular business hours, may reasonably enter upon any premises of any 

Licensee or Gaming Facility for the purpose of making inspections and examining 

the accounts, books, papers and documents of any such Gaming Facility. 

4.20.1 Aid to Entry The Gaming Facility staff shall facilitate such inspection or 

examinations by giving every reasonable aid to the Tribal Gaming 

Commission and to any properly authorized officer or employee. 

4.20.2 Freauencv of Inspection A Commissioner or a member of the Tribal 

Gaming Commission's staff shall visit each Gaming Facility at least once 

every two weeks during normal business hours for the purpose of 

monitoring its operation. Such visits shall be unannounced. 

4.21 Investigation The Tribal Gaming Commission, upon complaint or upon its own 

initiative or whenever it may deem it necessary in the performance of its duties or 

the exercise of its powers, may investigate and examine the operation and 

premises of any Person or Licensee within its jurisdiction. In conducting such 

investigation, the Tribal Gaming Commission shall make no order or final 

decisions without affording any affected party notice and a hearing pursuant to 

Section 4.22. 

4.22 Due Process; Notice; Hearings; Examiner The Tribal Gaming Commission 

shall provide due process and provide notice and a hearing if it is to utilize any of 

its enforcement capabilities in the administration of its powers and duties 

hereunder. 

4.22.1 No Hearing. Voluntary Resolution Whenever it shall appear to the 

satisfaction of the Tribal Gaming Commission that all of the interested 

parties involved in any proposed hearing have agreed concerning the 

matter at hand, the Tribal Gaming Commission may dismiss the issue 

without a hearing. 

4.22.2 Notice of Hearing The Tribal Gaming Commission shall, within 5 days 

after the event giving rise to the concern, provide a written notice setting 

forth, with specificity, the issues to be resolved. 

4.22.3 Hearing The Tribal Gaming Commission shall, within 5 days after the 

notice of hearing pursuant to 4.22.2, provide the affected parties the right 

to present oral or written testimony to all people interested therein as 

determined by the Tribal Gaming Commission. 

4.22.4 Examiner The Tribal Gaming Commission shall act as examiner for the 

purpose of holding any hearing, or the Tribal Gaming Commission may 

appoint a Person qualified in the law or possessing knowledge or expertise 

in the subject matter of the hearing to act as examiner for the purpose of 
holding any hearing. Any such appointment shall constitute a delegation 

to such examiner of the powers of the Tribal Gaming Commission under 

this Code with respect to any such hearing. 

4.22.5 Decision The Examiner shall render a written opinion within 48 hours of 

the hearing. 

4.22.6 Appeals Affected parties may appeal a Tribal Gaming Commission 

determination by filing a written appeal to the Gaming Review Board 

within thirty (30) days of the Tribal Gaming Commission's or Examiner's 

final decision. 

4.23 Appeals to Gaming Review Board 

4.23.1 Creation of the Gaming Review Board The General Council hereby 

establishes the Gaming Review Board, which shall be composed of a Trial 

Branch, which shall review cases de novo without any administrative 

deference of fact or law to prior findings, and an Appellate Branch. The 

Gaming Review Board shall have jurisdiction, exclusive of any other 

tribal entity or tribal court, over all disputes arising out of or in connection 

with actions of the Tribal Gaming Commission, including without 

limitation, actions challenging any licensing, enforcement, or regulatory 

actions of the Tribal Gaming Commission, Executive Committee or Tribe 

in connection with the financing, development, construction, or operation 

of the Gaming Enterprise by the Management Contractor or any actions 

arising under the terms and conditions of the Management Contract. 

4.23.2 Procedures Within Ninety (90) days of the appointment of Judges under 

Section 4.23.6 below, the Gaming Review Board shall enact reasonable 

rules of procedure, which such rules shall be enacted by the General 

Council ("Rules of the Gaming Review Board). At a minimum, these 

procedures must provide any claimant in the Gaming Review Board with a 

right to a hearing at both the trial and appellate levels, and the rules must 

provide each claimant with due process of law under the Tribe's 

Constitution. In addition, the rules must incorporate and make binding 

upon the Judges of the Gaming Review Board a Code of Judicial Ethics, 

as that document is from time to time amended. 

4.23.3 Governing Law To the extent Tribal law does not otherwise govern a 

dispute the Gaming Review Board shall apply relevant provisions of 

California or Federal law. 

4.23.4 Remedies The Gaming Review Board shall have fill jurisdiction, 

exclusive of any other tribal entity or tribal court, over cases and 

controversies, and authority to provide legal and equitable relief, and to 

mandate any remedy which the Gaming Review Board finds justice 
requires. Such authority shall include, but not be limited to, the power to 

issue temporary restraining orders, and to grant preliminary and permanent 

injunctive relief, in instances where the Tribe seeks to terminate any 

contracts entered into by the General Council, Executive Committee or the 

Commission relating to the grant, denial, revocation, or suspension of any 

gaming license. 

4.23.5 Findings All findings and orders of the Gaming Review Board shall be in 

writing within Ninety (90) days after the dispute is submitted for the 

board's consideration. 

4.23.6 Appointment of Judges The General Council shall appoint the Judges for 

the Gaming Review Board. The General Council shall, when necessity 

dictates, appoint four (4) Judges for the Gaming Review Board. Any time 

the number of judges falls below four, the General Council shall, within 

thirty (30) days appoint such additional Judges as necessary to restore the 

number of judges to four. If the General Council fails to restore the 

number of judges to four within thirty (30) days of a vacancy, the 

remaining Judges may appoint the Judges necessary to restore the number 

of Judges to four. All Judges shall be selected from a publicly available 

list of retired federal or state judges with the following qualifications: 

(1) has never been convicted of a felony or any gaming offense; 

(2) is not a member of the General Council or Executive Committee; 

(3) is of sound mind, trustworthy, and of good moral character; 

(4) is able to determine in what cases he or she will be disqualified and 

is willing to disqualify himself or herself; 

(5) is capable of carrying out the duties of the ofice, including staff 

administration and supervision; 

(6) is willing to commit, upon public oath or affirmation, to uphold 

this Code, the Tribal Constitution and to fairly and impartially 

adjudicate all matter before the Gaming Review Board; 

(7) shall be subject to the same background and Licensing standards as 

Commissioners pursuant to Title I, Section 4.10.5 herein; 

(8) shall not engage in any Gaming Activity with the Gaming 

Enterprise; and 

(9) is not employed by the Gaming Enterprise, nor have any 

immediate relatives who are employed by the Gaming Enterprise. 
4.23.7 Ap~eals Trial Branch decisions shall only be appealed to the Appellate 

Branch. Appeals from any decision of the Trial Branch shall be heard by 

the three judges that did not hear the case in the Trial Branch. There shall 

be no right to appeal Appellate Branch decisions to any State or Federal 

Court. 

4.23.8 Compensation Judges of the Gaming Review Board shall be compensated 

by the General Council in amounts appropriate to the duties and 

responsibilities of the office, which compensation shall not be diminished 

during a judge's continuation in office. The Gaming Review Board shall 

have the power to take appropriate action to enforce this subsection. 

4.23.9 Recall and Discipline After appointment, Judges of the Gaming Review 

Board shall be subject to discipline and removal for cause pursuant to the 

Rules of the Gaming Review Board. 

SECTION 5 GAMLNG LICENSES 

5.1 Applicability 

5.1.1 Every Employee, Key Employee, Primary Management Official, Gaming 

Enterprise, and Gaming Facility that aids, participates or is related to 

Gaming is required to have a current and valid License as issued by the 

Tribal Gaming Commission. 

5.1.2 Every Gaming Vendor that provides or receives, or is likely to provide or 

receive at least Twenty-five Thousand Dollars in any twelve (12) month 

period from the Enterprise is required to have a current and valid License 

as issued by the Tribal Gaming Commission. 

5.1.3 Every Person extending financing, directly or indirectly, to the Facility or 

Enterprise is required to have a current and valid License as issued by the 

Tribal Gaming Commission, provided that any Person extending the 

financing shall be Licensed within Ninety (90) days of execution of such 

financing. 

5.2 Application Procedure 

5.2.1 Submission to Tribal Gaminn Commission An Applicant seeking a 

License shall submit an Application to the Tribal Gaming Commission on 

such form as the Tribal Gaming Commission may require. 

5.2.2. Privacy Act and False Statement The application form shall include the 

following notices: 

5.2.2.1. Privacy Act 
In compliance with the Privacy Act of 1974, the solicitation 

of 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 

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 investigations or prosecutions or 

when pursuant to a requirement by a tribe or the National 

Indian Gaming Commission in connection with the hiring 

or firing of an employee, the issuance or revocation of a 

gaming license, or investigation 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 hire you in a primary 

management official or key employee position. The 

disclosure of your Social Security Number (SSN) is 

voluntary. However, failure to supply a SSN my result in 

errors in processing your application. 

5.2.2.2. False Statement 

A false statement on any part of your application may be 

grounds for not hiring you, or for firing you after you begin 

work. Also, you may be punished by fine or imprisonment 

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

5.2.3 Submission to State Gaming Anencv The Tribal Gaming Commission 

shall forward the Applicant's Application for a Determination of 

Suitability along with required releases to the State Gaming Agency. 

5.2.4 Application Contents At a minimum, and whether the information is 

relevant for the type of License applied for, the Application shall contain 

the following information: 

(1) The full name (and other names ever used), address, telephone 

number, age, birth date and place, citizenship, gender, and social 

security number or business identification number of the 

Applicant. 

(2) If the Applicant has resided at his current address for less than five 

(5) years, his previous address, and if the Applicant has been 

issued more than one (1) driver's license number within the last 

five years, each driver's license number. 
The name, address and telephone number of the Licensee for 

whom he will work and the specific location at which he will be 

employed. A description of the job, task, or service the Applicant 

will provide. 

The names and addresses of the Applicant's Immediate Family. 

The Applicant's criminal and civil record, if any, and an 

explanation of any crimes for which he has been convicted or civil 

suits he has lost, or to which he has entered a plea of nolo 

contendere. 

A disclosure of any judgment rendered against the Applicant. 

The names, addresses and telephone numbers of three (3) 

references who are not related to the Applicant; including one (1) 

personal reference acquainted with the Applicant for the last five 

(5) years. 

A list of the Applicant's previous jobs over the preceding five (5) 

years and his present business affiliations. 

The identity of any ownership interest in any past business 

ventures. 

The disclosure of whether there is a previous contractual 

relationship with an Indian tribe. 

A sworn statement whether the Applicant or any member of hislher 

Immediate Family has a past or current financial interest in any 

Gaming-related enterprise anywhere. 

A list of all Gaming-related licenses the Applicant has ever applied 

for, whether or not they were granted such license. 

A list of all professional, occupational or business licenses the 

Applicant has ever applied for, whether or not they were granted 

such license. 

A statement of all languages written or spoken. 

Written permission giving the Tribal Gaming Commission, State 

Gaming Agency and NIGC or its designees the right to the 

Applicant's background, including his criminal record. 
(16) A complete disclosure of any pending or anticipated civil or 

criminal action against the Applicant. 

(17) A sworn statement that if the License applied for is issued, the 

Applicant will submit to the jurisdiction of the Tribe and the Tribal 

Court. 

(18) A sworn statement that the Applicant will abide by all applicable 

Tribal and Federal laws, regulations and policies. 

(19) A photograph of the Applicant taken within the past year 

(20) A written statement that the information contained in the 

Application is true and correct to the best of Applicant's 

knowledge. 

5.2.5 Business Entities In addition to the relevant information requested in 

5.2.4, business entities shall also submit the following: 

(1) Each of its officers and directors; 

(2) Each of its principle management employees, including any chief 

executive officer, chief financial officer, chief operating officer, 

and general manager; 

(3) Each of its owners or partners, if an unincorporated business; 

(4) Each of its shareholders who own more than 10 percent of the 

shares of the corporation; and 

(5) Each person or entity that, alone or in combination with others, has 

provided financing in connection with Gaming authorized under 

this Compact. 

5.3 Review of License Application. The Tribal Gaming Commission shall 

thoroughly review and conduct a background investigation for each Tribal 

Gaming License Application sufficient to make a determination of eligibility as 

required under this Code. The Tribal Gaming Commission's review and 

background investigation shall include, but is not limited to the following: 

5.3.1 The Tribal Gaming Commission shall enter into an agreement with the 

Lake County Sheriffs Office, State of California, to take the Applicant's 

fingerprints. Each applicant shall submit the completed fingerprint card 

along with hislher application to the Tribal Gaming Commission. 
The Tribal Gaming Commission shall review diligently, the information 

provided in the Tribal Gaming License Application, including, but not 

limited to, contacting and investigating all resources identified in the 

Tribal Gaming License Application. An authorized Tribal official, 

identified by the Tribal Gaming Commission, shall review an Applicant's 

prior activities, criminal record (if any), reputation, habits, and 

associations in order to make an eligibility determination for key 

employees and primary management officials. 

5.3.3 The Tribal Gaming Commission shall provide a written report as to 

findings and conclusions of the foregoing background investigation, 

including, but not limited to: 

5.3.3.1 Steps taken in conducting diligence. 

5.3.3.2 Results of the conducted diligence. 

5.3.3.3 Conclusions from review of conducted diligence. 

5.3.3.4 The basis for those conclusions. 

5.3.4 The Tribal Gaming Commission shall transmit the Applicant's 

Application, file, and eligibility determination report to the NIGC and the 

State Gaming Agency. 

5.3.5 The Tribal Gaming Commission shall maintain the Applicant's file, 

including applications, background investigation reports, and eligibility 

determination reports, for inspection by the NIGC for no less than three 

(3) years from the date of termination of employment. 

5.3.6 The Tribal Gaming Commission, when it does not license an Applicant, 

shall notify the NIGC and forward copies of the Tribal Gaming 

Commission's eligibility determination report and the investigative report 

(if any). 

5.4 License Application Submission to NIGC. The Tribal Gaming Commission 

shall enter into an agreement with the Lake County Sheriffs Office, with 

approval from the General Council, to receive and process fingerprint cards for 

background investigation purposes, so long as such background investigation 

shall, at a minimum, include a State and local check of criminal history records as 

well as records maintained by the Federal Bureau of Investigation. The Tribal 

Gaming Commission, if it chooses not to contract with any other entity, may 

designate the NIGC as its authorized entity for receiving and processing 

fingerprint cards for background investigation purposes, so long as such 

background investigation shall, at a minimum, include a check of criminal history 

records information maintained by the Federal Bureau of Investigation. 
5.5 Notification and MOU with NIGC. If the Tribal Gaming Commission chooses 

to utilize the NIGC pursuant to Section 5.4 above, The Tribal Gaming 

Commission, with consent of the General Council, shall notify the NIGC of the 

forwarding of Tribal Gaming License applications to NIGC. Before obtaining 

and processing fingerprint cards for background investigation purposes, the Tribal 

Gaming Commission shall enter into a Memorandum Of Understanding (MOU) 

with the NIGC providing, that any and all result obtained from the fingerprint 

cards for background investigation purposes shall be viewed by Tribal 

government officials only. 

5.6 Scope and Types of License 

5.6.1 Gaming Employee License Employee Gaming Licenses are for those 

Employees that deal in an area of Gaming or Cash Handling within the 

Gaming Facility or Enterprise. A License issued pursuant to this section 

shall be effective for only the location, job and employer contained in the 

Application; provided, however, nothing herein shall prohibit a Primary 

Management Official or Key Employee from simultaneously performing 

the duties and responsibilities of more than one position; provided further, 

that the Primary Management Official or Key Employee is performing a 

position that is directly in lineal descent below them in the organizational 

structure of the Enterprise and that they are qualified and trained to 

perform the duties of the positions so performed. Dealers may also be 

permitted to deal various card games so long as they are qualified and 

trained to perform the duties of the positions so performed and are 

specifically licensed for those positions. 

5.6.2 Non-Gaming Employee License A Non-Gaming Employee License is for 

employees that are not permitted in areas of Gaming, for example, cooks, 

kitchen staff, food servers, or hostess. A License issued pursuant to this 

section shall be effective for only the location, job and employer contained 

in the Application. These Licenses will not require the same level of 

background scrutiny required for Gaming Licenses. 

5.6.3 Part-Time or Full-Time Licenses The Employee's License shall state 

clearly whether the Employee is a part-time or kll-time Employee. 

5.6.4 Transferring Licenses A Licensee shall apply to have hislher license 

transferred to a new location by requesting that transfer in writing to the 

Tribal Gaming Commission in a manner, which details the new job and 

location. 

5.7 Temporary Licensing Notwithstanding anything herein to the contrary, if the 

Applicant has completed a License Application, the Tribal Gaming Commission 

may immediately issue a temporary License if 
5.7.1 The Tribal Gaming Commission has conducted a preliminary, local, 

background investigation; and 

5.7.2 Based on the preliminary investigation, the information does not indicate 

that the Applicant has a criminal history. 

5.7.3 Temporary licenses may last no longer than 90 days. 

5.8 License Issuance, Term and Substance 

5.8.1 Issuance Upon completion of the necessary background investigation, and 

after the Tribe has complied with the 30-day NIGC review requirements 

found in 25 C.F.R. $558.3 and $558.4, the Tribal Gaming Commission 

may issue a License on a conditional or unconditional basis. If the NIGC 

objects to an Applicant, the Tribe shall reconsider the Application, taking 

into account the reasons for the objections noted by NIGC. However, the 

Tribe shall have the final word on whether to license an Applicant. 

Nothing herein creates a property right in the License. 

5.8.2 Term Any License issued pursuant to this section shall be effective for a 

period of two (2) years from the date of issuance. 

5.8.3 License Substance The License shall state on its face the name of the 

Applicant, the Tribal Logo, the Licensee who employs him, and the 

license number. It shall also include a photograph of Licensee. 

5.9 License Denial Any Application for a License shall be denied if the Tribal 

Gaming Commission, after an adequate review, determines the Application is 

incomplete or deficient, or that the employment of the Applicant poses a threat to 

the public interest or the effective regulation of gaming, or creates or enhances the 

danger of unsuitable, unfair or illegal practices and methods and activities in the 

conduct of gaming,. If the foregoing determinations about the Applicant are 

made, no management contractor or Tribal gaming operation shall employ the 

Applicant. 

5.10 Renewals A Licensee shall petition to have the License renewed by applying to 

the Tribal Gaming Commission for a renewal before the License expires. 

Applicants may be required to provide updated material as requested. 

5.11 Requirement to Produce License Upon Request Licensees must carry the 

License and visibly display the License during working hours and must produce 

the License upon the request of any Person. 

5.12 License Suspension or Revocation of License 
5.12.1 Temporary Suspension or Revocation The Tribal Gaming Commission 

may suspend or revoke a License, after notice and an opportunity for a 

hearing pursuant to Section 4.22 herein, for any of the following reasons: 

(1) The Licensee withheld pertinent information on the Application; 

(2) The Licensee made false statements on the Application; 

(3) The Licensee participated in Gaming that was not authorized by 

any Gaming License or regulatory approvals, and therefore 

deemed illegal; 

(4) The Licensee attempted to bribe a Executive Committee member, 

Commissioner or other Person, in an attempt to avoid or 

circumvent Tribal law; 

(5) The Licensee offered something of value to a Tribal Gaming 

Commission member; 

(6) The Licensee knowingly promoted, played or participated in any 

Gaming operated in violation of Tribal or Federal law; 

(7) The Licensee is knowingly involved in the falsification of books or 

records which relate to a transaction connected with the operation 

of Gaming; 

(8) The Licensee violated this Code or the rules and regulations of the 

Tribal Gaming Commission; 

(9) The Licensee has been convicted or has entered a plea of no10 

contendere to any crime involving Gaming, fraud, theft, or 

embezzlement. 

(10) The Licensee has rehsed to comply with any lawhl order, inquiry 

or directive of the Tribal Gaming Commission, the Executive 

Committee, the Federal Government or any court of competent 

jurisdiction; 

(1 1) The Licensee has been convicted of, or entered a plea of no10 

contendere to, a crime involving the sale of illegal narcotics or 

controlled substances; 

5.12.2 Procedure for Suspension 

(1) Upon reasonable cause that a violation of the Code has occurred, the 

Tribal Gaming Commission or its designee may either undertake an 
investigation of the Licensee, or serve upon such Licensee an order to 

show cause why the Licensee's License should not be revoked, or why 

the Licensee should not be enjoined from conducting Gaming. 

(2) Additionally, if the NIGC notifies the Tribe that it has received reliable 

information indicating that a key employee or primary management 

official is not eligible for employment under 25 C.F.R. 3558.2, the 

Tribal Gaming Commission or its designee shall suspend such license 

and notify the licensee in writing that hislher license has been 

suspended and may be revoked. 

(3) Such notice shall state the reason for the suspension and/or order, and 

the time and place for the hearing before the Tribal Gaming 

Commission pursuant to Section 4.22 herein. 

(4) The Licensee shall have an opportunity to present testimony and crossexamine opposing witnesses, and to present any other evidence as to 

why a revocation order or injunction should not be issued. 

(5) The hearing shall be set for not less than two (2) days or more than 

five (5) days from the date of the notice. The hearing shall be 

governed in all respects in accordance with Tribal law and Tribal 

Gaming Commission regulations. Any suspension decision of the 

Tribal Gaming Commission after hearing shall be reviewable in the 

Gaming Review Board pursuant to the requirements of Section 4.22 

and 4.23. The Tribe shall notify NIGC of its decision. 

5.13 Enterprise License The Gaming Enterprise authorized by the Compact and this 

Code shall be licensed by the Tribal Gaming Commission. The Tribal Gaming 

Commission shall automatically issue a License if the following threshold criteria 

are met: 

5.13.1 The Gaming is located on lands taken into trust after October 17, 1988, as 

a settlement of a claim. 

5.13.2 The Gaming is authorized pursuant to this Code, the Compact and the 

IGRA. 

5.13.3 The Gaming is authorized by a General Council resolution. 

5.13.4 The Tribe has the sole proprietary interest and the Management Contract 

is consistent with Tribal and Federal law and is properly approved by the 

Chairman of the NIGC. 

5.14 Facility License The Gaming Facility authorized by the Compact and this Code 

shall be licensed by the Tribal Gaming Commission. 
5.14.1 A Facility License shall be issued if the following criteria are met: 

(1) The Tribal Gaming Commission has determined, based on the reports 

of qualified inspectors and a review by the Tribal Gaming Commission 

of all relevant contracts and operational policies and procedures, 

including safety manuals and intergovernmental agreements relating to 

environmental protection, health, safety and emergency services, that 

the Gaming Facility has been constructed and shall be maintained and 

operated in a manner that adequately protects the environment and the 

public health and safety. 

(2) The construction, expansion or modification of the Facility shall meet 

the Building and Safety Code pursuant to Title VIII of this Code. 

(3) The construction, expansion or modification of the Facility shall meet 

the standards of the federal American with Disabilities Act pursuant to 

Title IV of this Code. 

(4) Upon the inspection of the health and safety of the building, and upon 

the inspection that all Gaming controls that are necessary to insure the 

integrity of the Gaming are in place, the Tribal Gaming Commission 

shall issue to the Facility a Certificate of Occupancy, which shall be 

reissued upon similar inspections every two years. 

5.14.2 Upon the issuance of a Facility License, the Tribal Gaming Commission 

shall forward the License to the State Gaming Agency within ten (10) days 

of issuance. 

5.14.3 The Facility License shall be posted in a conspicuous and public place in 

the Facility at all times. 

5.15 State Gaming Agency Licensing 

5.15.1 Except as provided in Sections 5.15.2 and 5.15.3 below, the Tribe will not 

employ or affiliate with any Person whose application to the State Gaming 

Agency for a determination of suitability has been denied. 

5.15.2 Notwithstanding Section 5.15.1, the Tribe may employ a Person who has 

been denied for a determination of suitability by the State Gaming Agency 

if: 

(1) The Person holds a valid and current Tribal License; 

(2) The denial by the State Gaming Agency is based on reasons that 

antedate the filing of the Person's initial application to the State 

Gaming Agency; 
(3) The Person is not an Employee of another Gaming Enterprise; 

(4) The Person has been in continuous employ for at least three years by 

the Tribe prior to the effective date of the Compact. 

5.15.3 Notwithstanding Section 5.15.1, the Tribe may employ a Person who has 

been denied for a determination of suitability by the State Gaming Agency 

if: 

(1) The Person is an Enrolled Member of the Tribe; 

(2) The Person holds a valid and current Tribal License; 

(3) The denial by the State Gaming Agency is based on reasons that 

antedate the filing of the Person's initial application to the State 

Gaming Agency; 

(4) The Person is not an Employee of another Gaming Enterprise; 

5.16 Miscellaneous Licensing Provisions 

5.16.1 No License shall be sold, lent, assigned or otherwise transferred. 

5.16.2 Each Licensee shall have a copy of the Code and regulations readily 

available for inspection by any Person at each authorized Gaming site. 

5.16.3 The Tribe shall monthly provide the State Gaming Agency with the name, 

badge identification number, and job descriptions of all non-key Gaming 

Employees. 

SECTION 6 BANK ACCOUNTS AND RECORDKEEPLNG 

6.1 Bank Account The General Council shall open a separate bank account for the 

Enterprise and all receipts of each Gaming Activity shall be deposited in the 

account. 

6.2 Record Keeping Accounting records of the Gaming, Enterprise, and Facility 

shall be kept on a double entry system of accounting, maintaining detailed 

supporting and subsidiary records. The Tribe shall maintain the following records 

for not less than three (3) years: 

6.2.1 Revenues, expenses, assets, liabilities and equity for each location at 

which Class I1 and Class I11 Gaming is conducted. 
6.2.2 Daily cash transactions for Gaming, including but not limited to 

transactions relating to each Gaming table, game drop box and game room 

bank. 

6.2.3 All markers, IOU's, returned checks, hold checks or other similar credit 

instruments. 

6.2.4 Individual and statistical game records to reflect statistical drop and 

statistical win for electronic, computer, or other technologically assisted 

games. 

6.2.5 Contracts, correspondence and other transaction documents relating to all 

Gaming Vendors. 

6.2.6 Records of all customer complaints and Tribal Gaming enforcement 

activities. 

6.2.7 All gaming related audits prepared by or on behalf of the Tribe or one of 

its subdivisions. 

6.3 Audit Requirements 

6.3.1 The Enterprise shall provide a copy of an annual independent audit to the 

Tribal Gaming Commission, the Executive Committee, the State Gaming 

Agency, and the National Indian Gaming Commission. 

6.3.2 Each contract between the Tribe and another Person for supplies, services 

(other than legal and accounting services) or concessions for a contract 

amount in excess of $25,000 annually shall be subject to an independent 

audit. Such audit shall be solely limited to a monthly printout from the 

accounts payable of the Gaming Operations of the checks rendered . A 

copy of such audit will be provided to the Tribal Gaming Commission, the 

Executive Committee, State Gaming Agency and the National Indian 

Gaming Commission. 

6.4 Notices to the Public 

6.4.1 The Gaming Facility shall have a copy of this Code readily available for 

inspection by any Person at each Gaming Facility. 

6.4.2 The Gaming Facility shall post in a conspicuous location near each game 

an explanation of the rules of play of every game operated or shall 

otherwise provide the public with such an explanation. 

SECTION 7 GAMING ENTERPRISE RESTRICTIONS AND COMPLIANCE 
7.1 Number of Facilities 

7.1.1 The Tribe may establish and operate not more than two Gaming Facilities, 

and only on those lands on which Gaming may lawfully be conducted 

under IGRA. 

7.1.2 The Tribe may combine and operate in each Gaming Facility any forms 

and kinds of Gaming permitted under the Compact, IGRA and this Code. 

7.2 Gaming Device Restrictions 

7.2.1 Number of Devices The Tribe may offer no more than Two Thousand 

Gaming Devices combined for all Facilities. 

7.2.1 Transferability of Devices The Gaming Enterprise, or any Licensee, is 

prohibited from selling, renting or lending Gaming Devices to any Person 

without prior written approval of the Tribal Gaming Commission. 

7.2.2 Transportation of Devices Transportation of a Gaming Device to or from 

the Gaming Facility within California is permissible only if 

(1) The Tribal Gaming Commission has issued a permit to transport 

the Device; and 

(2) The Tribal Gaming Commission has provided at least ten (10) days 

notice to the local County Sherifc and 

(3) The final destination of the Device is a gaming facility of any tribe 

in California with a Tribal/State Compact; or 

(4) The final destination is in a state or country whereby the Device is 

otherwise legal; or 

(5) The final destination is located in California for the purpose of 

testing, repair or storage by a Person that is licensed by the State 

Gaming Agency. 

7.3 Gaming Device Technical Standards The technical standards for Gaming 

Devices shall adhere to the Gaming Laboratories International, Incorporated 

standards. 

7.4 Age Restrictions 

7.4.1 No Person under the age of Eighteen (18) shall be employed by the 

Gaming Facility, Management Contractor or the Tribal Gaming 

Commission. 
7.4.2 No Person under Twenty-one (21) years of age shall be employed in the 

service of alcoholic beverages at the Gaming Facility. 

7.4.3 No Person under the age of Twenty-one (21) shall be permitted in any area 

where Gaming is occurring and alcoholic beverages are being consumed. 

7.4.4 No Person under the age of Eighteen (18) shall be permitted to place any 

wager, directly or indirectly, in any Gaming Activity. 

7.4.5 No Person under the age of Eighteen (18) shall be permitted in any room 

in which Gaming is being conducted unless the person is en-route to a 

non-gaming area of the Gaming Facility. 

7.5 Methods of Payment 

7.5.1 Gaming chips and other tokens of value may be sold and redeemed by the 

Enterprise and only for full value. 

7.5.2 Consideration to participate in Gaming shall be cash only. No other form 

of consideration shall be allowed unless the Tribal Gaming Commission 

gives prior written approval. 

7.6 Compliance requirements 

7.6.1 Evidence of win or loss incurred by a Player must, upon request, be 

provided in such form as will be acceptable to the Internal Revenue 

Service. 

7.6.2 The Enterprise shall pay all fees and file all reports required by law within 

the time prescribed. 

7.6.3 The Enterprise shall respond immediately to all inquiries, subpoenas, or 

orders of the Tribal Gaming Commission, the State Gaming Agency, the 

Executive Committee, or the NIGC. 

7.6.4 The Enterprise shall make its premises and books and records available for 

inspection during normal business hours by the Tribal Gaming 

Commission, the State Gaming Agency, the National Indian Gaming 

Commission and members of the Executive Committee or their designee. 

7.7 Miscellaneous 

7.7.1 The Enterprise shall provide adequate security to protect the public before, 

during, and after Gaming. 
7.7.2 The Enterprise may not discriminate on the basis of sex, race, color, or 

creed in its employment practices related to Gaming, notwithstanding 

Indian Preference laws. 

SECTION 8 ENFORCEMENT 

8.1 Jurisdiction Except as provided in this Code or the Compact, the Tribal Gaming 

Commission and Gaming Review Board shall have jurisdiction over all violations 

of this Code. 

8.2 Prohibited Acts In addition to other civil and criminal offenses provided for in 

this Code, the following acts are prohibited by any Person and subject any 

violator to the civil or criminal penalties specified herein: 

8.2.1 Participating in any Gaming, which is not authorized by this Code 

8.2.2 Knowingly making a false statement in connection with any Contract 

to participate in any Gaming Activity. 

8.2.3 Attempting to bribe any Person participating in any Gaming Activity. 

8.2.4 Offering or accepting a loan, financing or other thing of value between 

a Tribal Gaming Commission member or employee and any Person 

participating in any Gaming Activity. 

8.2.5 Promoting or participating in any illegal Gaming Activity 

8.2.6 Failing to keep sufficient books and records to substantiate receipts, 

disbursements and expenses incurred or paid from any Gaming 

Activity authorized pursuant to this Code. 

8.2.7 Falsifying any books or records that relate to any transaction 

connected with any Gaming Activity pursuant to this Code. 

8.2.8 Conducting or participating in any Gaming Activity, which results in 

Cheating. 

8.2.9 Allowing participation in Gaming Activity by or with an intoxicated or 

disorderly Player. 

8.2.10 Allowing or participating in the sale of liquor when such sale is 

prohibited by Tribal law. 

8.2.11 Accepting consideration other than money, tokens or chips for 

participation in any Gaming Activity. 
Using bogus or counterfeit chips or charitable Gaming tickets, or to 

substitute or use any cards, charitable Gaming tickets or Gaming 

equipment that has been marked or tampered with. 

Employing or possessing any cheating device or to facilitate cheating 

in any Gaming Activity. 

WillfUlly using any fraudulent scheme or technique to change the odds 

of any game of chance. 

Soliciting, directly or indirectly, or using inside information on the 

nature or status of any Gaming Activity for the benefit of an 

individual. 

Tampering with a Gaming Device, attempting to conspire to 

manipulate the outcome or the payoff of a Gaming Device, or 

otherwise unlawhlly tampering with or interfering with the proper 

hnctioning of the machine. 

Alter or counterfeiting a Gaming license. 

Aiding, abetting, or conspiring with another Person knowingly or 

knowingly to cause any Person to violate any provision of this Code or 

any rules and regulations adopted hereunder. 

Operating, using or making available to the public any illegal Gaming 

Device, apparatus, material or equipment. 

Selling, holding out for sale or transporting into or out of the 

jurisdiction of the Tribe any illegal Gaming Device, apparatus, 

material or equipment. 

Assisting or allowing a Person who is under the age of Eighteen (18) 

to participate in a Gaming activity. 

Possessing any illegal narcotics or controlled substances on any 

licensed Gaming site. 

Stealing or attempting to steal finds or other items of value from any 

Gaming Facility or from the Tribal Gaming Commission. 

Employing any Person at a licensed Gaming Facility whom the 

Licensee knows has been convicted of a Gaming crime or a crime of 

fraud. 
8.3 Criminal Violation Any Indian who violates or fails to comply with any 

provision of this Code, or who fails or neglects to comply with any order, decision 

of the Tribal Gaming Commission, shall be charged and given due process 

pursuant to Section 4.22 herein. If such Indian is found to be guilty of a crime, he 

may be required to pay a fine not to exceed Five Thousand Dollars ($5,000) or be 

incarcerated for not to exceed two (2) years. Each day during which any such 

violation or failure to comply continues shall constitute a separate violation of this 

Code. 

8.4 Civil Violation Any non-Indian who violates or fails to comply with any 

provision of this Code, or who fails or neglects to comply with any final order of 

the Tribal Gaming Commission, shall be charged and given due process pursuant 

to Section 4.22 herein. If the non-Indian is found liable, he may pay a civil fine 

not to exceed Five Thousand Dollars ($5,000) for each violation thereof Each 

day during which any such violation or failure to comply continues shall 

constitute a separate violation of this Code. The amount of any such civil fine 

may be recovered in a civil action in the Tribal Court. 

8.5 Cumulative Fines All civil fines accruing under this Code shall be cumulative 

and a suit for the recovery of one fine shall not bar or affect the recovery of any 

other fine, or judgment, penalty, forfeiture or damages, nor bar the power of the 

Tribal Court to punish for contempt, nor bar any criminal prosecution against any 

officer, director, agent, or employee of any Licensee, or any other Person. 

8.6 Purpose of Civil Penalties The civil fines imposed under this Code are intended 

to be remedial and not punitive and are designed to compensate the Tribe for the 

damage done to the peace, security, economy and general welfare of the Tribe and 

the Reservation, and to compensate the Tribe for costs incurred by the Tribe in 

enforcing this Code. The civil fines under this Code are also intended to coerce 

all people into complying with this Code and Tribal Gaming Commission 

regulations and not to punish such people for violation of such laws and 

regulations. 

8.7 Civil Action for Penalties In enforcing the civil infraction provisions of this 

Code, the Tribal Gaming Commission shall proceed, in the name of the Tribe, 

against a Person for violation of such provision by civil complaint in the Gaming 

Review Board pursuant to the provisions of this Code. The Tribal Gaming 

Commission in such action shall have the burden of showing, by the 

preponderance of the evidence, that such Person violated the applicable provision 

of this Code. 

8.8 Seizure and Forfeiture of Property Property utilized in violation of this Code 

shall be subject to seizure and forfeiture by order of the Tribal Gaming 

Commission pursuant to such procedures and rules as the Tribal Gaming 

Commission shall promulgate. 
8.9 Reporting of Offenders The Tribal Gaming Commission, upon final conviction 

of any Person under this subsection, shall report the name of the Person convicted 

to the Executive Committee, General Council, State Gaming Board and NIGC. 

SECTION 9 GAMING MANAGEMENT 

9.1 Management by a Gaming Contractor 

9.1.1 The Gaming Contractor, or if no Gaming Contractor the Tribe, shall 

identi@ in writing a Person(s) who shall serve as General Manager of the 

Gaming Enterprise. The General Manager appointed shall undergo a 

background check by the Tribal Gaming Commission and shall obtain a 

License before commencing work. 

9.1.2 The General Manager shall have access to any area within the Gaming 

Facility in accordance with the limitations defined in Section 2.30. 

9.1.3 The General Manager shall present a written monthly report to the Tribal 

Gaming Commission which estimates the number of patrons served, the 

amount of income generated, the numbers of employees working at the 

establishment, a detailed description of any patron complaints and other 

problems experienced at the establishment, a written statement of any 

changes in Primary Management Officials and all bills which are thirty 

(30) days or more past due. 

9.2 Rules and Regulations for Management The Tribal Gaming Commission 

shall, with the input and suggestions of Primary Management Officials, 

promulgate rules and regulations or specifications governing the following 

subjects: 

9.2.1 The enforcement of all relevant laws and rules with respect to the Gaming 

Operation and the Facility; 

9.2.2 Ensuring the physical safety of Enterprise patrons and Employees; 

9.2.3 The physical safeguarding of assets transported to, within, and from the 

Gaming Facility; 

9.2.4 The prevention of illegal activity from occurring within the Gaming 

Facility including employee procedures and surveillance; 

9.2.5 The recording of occurrences that deviate from normal operating policies 

including the following procedure for reporting incidents: 

(1) Specify that security personnel record all incidents, regardless of 

immateriality; 
(2) Require the assignment of a sequential number to each report; 

(3) Provide for permanent reporting in indelible ink in a bound 

notebook; 

(4) Require that each report include the following: 

(i) The record number. 

(ii) The date. 

(iii) The time. 

(iv) The location of the incident. 

(v) A detailed description of the incident. 

(vi) The persons involved in the incident. 

(vii) The security personnel assigned to the incident. 

9.2.6 The establishment of employee procedures designed to permit detection of 

any irregularities, theft, cheating, fraud, or the like; 

9.2.7 Maintenance of a list of persons barred from the Gaming Facility; 

9.2.8 In accordance with section 8.4.1 of the Compact, except as provided in 

subdivision 8.4.1(d) of the Compact, no State Gaming Agency regulation 

shall be effective with respect to the Tribe's Gaming Operation unless it 

has first been approved by the Association, and hrther, the Tribe has had 

an opportunity to review and comment on the proposed regulations. 

9.3 Insurance Requirements Pursuant to the TribaVState Compact, the Gaming 

Contractor shall ensure that the Enterprise shall carry a minimum of Five Million 

Dollars ($5,000,000.00) liability insurance to protect the public in the event of an 

accident. 

9.4 IRS Requirements The General Manager shall be responsible for seeing that 

Gaming Activity is managed in accordance with Tribal and Federal law and that 

such Gaming Activity complies with all IRS reporting requirements. 

9.5 Audit Requirements 

9.5.1 Annual Enterprise Audit The Tribal Gaming Commission and the General 

Manager of the Enterprise shall obtain an annual independent audit of 

such Enterprise by a certified public accountant using the accounting 

standards for audits of casinos of the American Institute of Certified 

Public Accountants. 

9.5.2 Contract Audits Each contract between the Management Contractor and 

another Person for supplies, services (other than legal and accounting 
services) or concessions for a contract amount in excess of Twenty-five 

Thousand Dollars ($25,000) annually shall be subject to an independent 

audit. For the purposes of the previous sentence, the term "services" does 

not include contracts the purpose of which is to extend financing to the 

Management Contractor, the Tribe, or the Enterprise. 

9.5.3 Co~ies A copy of all such audits shall be provided to the Tribal Gaming 

Commission, the Executive Committee, State Gaming Agency and the 

NIGC. 

9.6 Annual Reports from Management Contractor. Management Contractors 

must file an annual report with the Tribal Gaming Commission and the Executive 

Committee between the 15th and the last day of the 12th month duration of each 

such License period. The report include, at a minimum, the following 

information: 

9.6.1 The name, address and telephone number of the Licensee; 

9.6.2 The names, addresses and titles of all of its current managers of the 

Licensee; 

9.6.3 A description of the Gaming operated and Gross Revenue; 

9.6.4 The name and address of the Person who will be designated as Primary 

Management Official, or new Key Employees over the next License Term; 

9.6.5 Written proof that the Licensee has paid to the National Indian Gaming 

Commission such fees as Federal and Tribal law may require it to pay; 

9.6.6 A sworn statement that the Licensee has complied with the IRS including 

written notice of customer winning; 

9.6.7 The number of full-time equivalent people, on an annualized basis, 

employed by the operation during the past twelve (12) months, together 

with a projection of the number of full-time equivalent people who are 

expected to be employed during the next license period; 

9.6.8 A sworn statement that the Licensee will continue to comply with all 

Tribal and Federal laws applicable to Gaming; 

9.6.9 The name, address and signature of the agent who will accept service of 

process on behalf of the Licensee, who must reside on the Reservation; 

and 
9.6.10 If the Licensee is a corporation, a copy of any amendment to its articles of 

incorporation, properly certified by the incorporating government, unless a 

current copy has already been filed with the Tribal Gaming Commission. 

9.7 Management Contracts 

9.7.1 Each Management Contract is subject to the prior approval of the National 

Indian Gaming Commission. 

9.7.2 Each Management Contract shall be approved by the General Council. In 

making its selection, the General Council and Executive Committee shall 

review the following: 

(1) Background information on the proposed Management Contractor 

including: its name, its address, the names and addresses of each 

Person or entity having a direct financial interest or management 

responsibility for the proposed management contractor, and in the 

case of a corporation the names and addresses of each member of 

its board of directors and all stockholders who hold directly or 

indirectly ten percent (10%) or more of its issued or outstanding 

stock. 

(2) A description of any previous experience that each Person listed in 

subsection above has had with other Gaming contracts with Indian 

Tribes or with the Gaming industry generally, including the name 

and address of any tribal government or licensing agency with 

which such Person has had a contract relating to Gaming. 

(3) A complete financial statement of each Person listed in subsection 

9.7.2(1). 

(4) The Executive Committee shall undertake any additional steps it 

can to determine the character and reputation of each proposed 

management contractor. 

(5) If the General Council and Executive Committee, after reviewing 

the above described information, still desires to enter into a 

management contract with the proposed management contractor, 

such management contract shall be placed in writing and submitted 

to legal counsel for review before the Council approves it. 

9.7.3 Any Management Contract approved by the Council must contain at a 

minimum the following with respect to the Gaming Enterprise to which 

the contract is applicable: 
(1) A provision requiring a monthly financial accounting of the 

Gaming Enterprise's income and expenses. Such reports shall be 

prepared by an independent auditor who is mutually acceptable to 

the Tribe and the Management Contractor. 

(2) A provision guaranteeing the Tribe a minimum guaranteed 

payment that shall always take precedence over the Management 

Contractor's right to recoup development and construction costs. 

(3) An agreed upon ceiling for the Management Contractor's 

development and construction costs. 

(4) A provision that the contract shall not exceed seven (7) years or 

40% of Net Revenues. 

(5) A provision for termination of the contract and the grounds for 

termination. 

9.7.4 If the Council is satisfied with the information it receives it shall submit its 

proposed contract along with all of the above-described information to the 

Tribal Gaming Commission, State Gaming Agency and to the Chairman 

of the National Indian Gaming Commission for Licensure approval. 

SECTION 10 PROCEDURES FOR RESOLVING DISPUTES BETWEEN THE GAMING 

PUBLIC AND GAMING MANAGEMENT 

10.1 General Principles. The Tribe values its customers and intends, at all times, to 

see that questions, concerns, issues, and/or disputes raised by the gaming public 

are addressed in a fair and orderly manner. However, nothing in these procedures 

shall be construed as a waiver of the Tribe's sovereign immunity, or any of the 

rights and privileges attendant thereto. 

10.2 Initial Dispute Resolution Procedure. 

10.2.1 Members of the Gaming public who, in the course of their otherwise 

lawful and proper use of the Tribe's Gaming Facilities, have questions or 

concerns about the condition or operation of any part of the Gaming 

Facilities, or who otherwise believe themselves to be aggrieved by some 

aspect of the condition or operation of any part of the Gaming Facilities, 

shall direct their questions, concerns, or disputes (hereinafter collectively 

"disputes") in the first instance to gaming management at the Gaming 

Facility, either orally or in writing. 

10.2.2 Concerns or disputes shall be raised as soon as reasonably possible after 

the events giving rise to the dispute occur; however, no dispute may be 

raised more than 10 calendar days after said events take place. 
10.2.3 Upon learning about a dispute, Gaming Management shall expediently and 

informally gather sufficient facts to make an initial determination about 

the dispute (i.e. whether the dispute has any merit, whether fUrther 

investigation is required, whether to take any corrective action, etc.). 

Gaming Management shall inform the complainant, either orally or in 

writing, about its initial determination as soon as is reasonably practicable. 

At that time, if the complainant indicates that he or she has additional 

concerns or is not satisfied, gaming management shall inform the 

complainant about how to initiate the formal dispute resolution procedure. 

10.3 Formal Dispute Resolution Procedure. 

10.3.1 Complainants who have followed the initial dispute resolution procedure, 

and who are unsatisfied with gaming management's initial determination, 

may appeal that determination in writing to the Tribal Gaming 

Commission no later than 5 days after being informed about the initial 

determination. 

10.3.2 The Tribal Gaming Commission may investigate the dispute in any 

manner it chooses. The Tribal Gaming Commission shall offer the 

complainant a fair opportunity to be heard in person or through counsel 

about the dispute, either before or after it makes its own inquiries. The 

complainant's opportunity to be heard shall take place within 30 days after 

the Tribal Gaming Commission receives the complainant's written appeal. 

10.3.3 After investigating (if it chooses to do so), and within 30 days after 

affording the complainant an opportunity to be heard, the Tribal Gaming 

Commission shall issue a written opinion on the complainant's appeal, and 

shall mail a copy of the opinion to the complainant at hislher last known 

address. The opinion shall inform the complainant that he or she may 

appeal the Tribal Gaming Commission's decision to the Gaming Review 

Board pursuant to Section 4.23. 
TITLE II 

REGULATION OF THE ENVIRONMENT 

FOR CLASS I11 GAMING 

SECTION 1 INTRODUCTION 

1.1 Title This Title shall be known as "THE ELEM INDIAN COLONY OF POMO 

INDIANS TRIBAL ENVIRONMENT OFF-RESERVATION IMPACT CODE." 

1.2 Authority This Title is enacted pursuant to the inherent sovereign powers of the 

Tribe pursuant pursuant to Article VII, Section l(g) of the Tribal Constitution, 

and pursuant to the powers of the Executive Committee pursuant to Article VII, 

Section 2(a) of the Tribal Constitution. 

1.3 Purpose The basic purposes of this Code are to: 

1.3.1 Inform Inform the Tribe and the public about the potential significant offreservation environmental impacts of any (1) expansion or significant 

renovation or modification of an existing Tribal Gaming Facility andlor 

(2) significant excavation, construction, or development associated with a 

Tribal Gaming Facility or proposed Tribal Gaming Facility. 

1.3.2 Identifv Identify ways that environmental impacts of the aforementioned 

activities can be avoided or significantly reduced through the use of 

reasonable alternative or mitigation measures such as changes in the 

construction plans. 

1.3.3 Disclose Disclose to the public the reasons why the Executive Committee 

approved a Gaming Facility construction plan if significant off-reservation 

environmental impacts are likely to occur. 

1.4 Scope or Coverage of This Ordinance. This ordinance shall apply solely to 

studies of and decisions related to the potential off-reservation impacts of any: 

1.4.1 Expansion or significant renovation or modification of an existing Tribal 

Gaming Facility; and 

1.4.2 Significant excavation, construction, or development associated with a 

Tribal Gaming Facility or proposed Tribal Gaming Facility. 

1.5 Repeal of Prior Laws, and Effect of Repeal All titles, chapters and sections of 

the Tribal Code which pertain to the environment and are in effect as of the date 
that this Code becomes operative, are hereby repealed as to Gaming Activities 

only, and all other laws, or parts thereof, inconsistent with the provisions of this 

Code with regard to Gaming Activities are hereby repealed. 

1.6 Construction In construing the provisions of this Code, unless the context 

otherwise requires, the following shall apply: 

1.6.1 This Code shall be liberally construed to effect its purpose and to promote 

substantial justice. 

1.6.2 Words in the present tense include the hture and past tenses. 

1.6.3 Words in the singular number include the plural, and words in the plural 

number include the singular. 

1.6.4 Words of the masculine gender or neuter include masculine and feminine 

genders and the neuter. 

1.7 Severability If any section of this Code is invalidated by a court of competent 

jurisdiction, the remaining sections shall not be affected thereby. 

1.8 Effective Date. This Code shall be effective on certification by the General 

Council. 

SECTION 2 DEFINITIONS 

2.1 "Cumulative Impacts" means two or more individual effects which, when 

considered together, are considerable or which compound or increase other 

environmental impacts. 

2.2 "Environmental Assessment" means an initial study of the environmental 

impacts of a proposed Project. 

2.3 "Environmental Reports'' means any environmental assessment, environmental 

report, or environmental statement, as the case may be. 

2.4 "Impact" means the direct or primary environmental effects which are caused by 

the Project and occur at the same time and place. 

2.5 "Mitigation" means avoiding an impact altogether by not taking a certain action 

or parts of an action; minimizing impacts by limiting the degree or magnitude of 

the action and its implementation; rectifying the impact by repairing, 

rehabilitating or restoring the impacted environment; reducing or eliminating the 

impact over time by preservation and maintenance operations during the life of 

the action; compensating for the impact by replacing or providing substitute 

resources or environments. 
2.6 "Project" means any: (1) expansion or significant renovation or modification of 

an existing Tribal Gaming Facility andlor (2) significant excavation, 

construction, or development associated with a the Tribe's Gaming Facility or 

proposed Tribal Gaming Facility. 

SECTION 3 BASIC REQUIREMENTS 

3.1 Environment Assessment or Finding of No Significant Impact Before 

commencing any expansion or significant renovation or modification of an 

existing Tribal Gaming Facility, or any significant excavation, construction, or 

development associated with a Tribal Gaming Facility or proposed Tribal Gaming 

Facility, the Tribe shall require the development of an Environmental Assessment 

which the Executive Committee shall use to determine if there is substantial 

evidence that the proposed Project will have a significant off-reservation 

environmental impact. If the Executive Committee finds that it will not, it shall 

follow the procedures detailed in this Code for the issuance of a Finding of No 

Significant Impact (FONSI). 

3.2 Off-Reservation Impact If, however, the Executive Committee finds that there 

is substantial evidence that the proposed Project will have a significant offreservation environmental impact, defined as a substantial adverse impact in the 

physical conditions of the off-reservation areas as they existed at the time of the 

study, the Executive Committee shall follow the procedures detailed in this Code 

for the preparation of an Environmental Report (ER). 

3.3 Response to Adverse Findings When an Environmental Assessment shows that 

an expansion or significant renovation or modification of an exiting Tribal 

Gaming Facility or any significant excavation, construction, or development 

associated with a Tribal Gaming Facility or proposed Tribal Gaming Facility 

would cause substantial adverse changes in the off-reservation environment, the 

Executive Committee with approval of the General Council shall respond to the 

finding by one or more of the following methods: 

3.3.1 Change the proposed Project. 

3.3.2 Impose conditions on the approval of the Project. 

3.3.3. Adopt plans or ordinances to control the adverse impact. 

3.3.4. Choose an alternative way to meet the same need 

3.3.5. Disapprove the Project 

3.3.6. Find that changes in or alternatives to the Project are not feasible 
3.3.7. Find that the unavoidable, significant environmental damage is acceptable, 

because the Tribe's economic, legal, social, technological or other benefits 

of the proposed Project outweigh its unavoidable off-reservation 

environmental impacts. 

SECTION 4 POLICIES GOVERNING ENVIRONMENTAL ASSESSMENTS AND 

REPORTS 

It shall be the policy of the Tribe that: 

4.1 Review of Off-Reservation Impacts These studies shall serve not only to 

protect the environment but also to demonstrate to the off-reservation community 

that it is being protected and that the Tribe has, in fact, analyzed and considered 

the off-reservation impacts of its actions. 

4.2 Notice to Public These studies shall inform the Tribal and local governments and 

the public of the anticipated off-reservation environmental impacts of the Project. 

4.3 Decision-Making These studies shall allow the Tribal government to make 

decisions regarding these proposed Projects with the off-reservation 

environmental consequences in mind. 

4.4 No Delay of Projects These studies shall be undertaken in a manner which is 

designed to allow the Tribe to make informed and balanced decisions, not to 

prevent, delay or preclude the advancement of Gaming. 

4.5 Off-Reservation Influence These studies shall be prepared early enough to 

allow off-reservation environmental concerns to influence the Project's design 

and construction, yet late enough to allow for a real and honest assessment of the 

Project's off-reservation environmental impact. 

4.6 Tribal/Federal Cooperation These studies shall be prepared in a manner which 

eliminates duplication of federal efforts by providing for joint Triballfederal 

preparation of environmental documents. 

4.7 Simple Writing These studies shall be analytic, rather than lengthy, and shall be 

written in plain language. They shall also mention, only briefly, issues other than 

significant off-reservation environmental impacts in the Environmental Report 

text. 

4.8 Weighing Negative Projects The Tribe shall give serious consideration to 

preventing off-reservation environmental damage and should not approve a 

Project as proposed if there are feasible alternatives or mitigation measures 

available that would substantially lesson any significant adverse off-reservation 

impacts that the Project would create. In deciding whether to approve a Project 
that has negative off-reservation economic impact, the Tribe shall consider the 

specific economic, environmental, legal social and technological factors involved. 

4.9 Public Comment The Tribe shall assure adequate opportunity and time for 

public review and comment on all Environmental Assessments, an Environmental 

Report, and a Finding of No Significant Impact, and it shall review, evaluate and 

respond to comments received on each of these environmental studies. 

4.10 Approving Projects The Tribe may approve a Project which would cause 

significant effect on the off-reservation environment if it finds that: 

4.10.1 There is no feasible way to lesson or avoid the significant off-reservation 

environmental impact. 

4.10.2 The specifically identified expected benefits of the Project outweigh the 

policy of reducing or avoid significant off-reservation environmental 

impacts of the Project. 

4.11 Assignment of Responsibilities Where a Project is under the requirements of the 

National Environmental Protection Act, the Executive Committee may delegate 

the responsibilities assigned to it under this Code in whole or in part to the United 

States government agency which is serving as the lead agency on the NEPA 

review. Provided, however, that the Executive Committee asks that federal 

agency to study and render findings on the off-reservation impact of the Project 

and perform the local consultation required by this Code. 

4.12 Time The Tribe shall allow adequate time to review an Environmental 

Assessment or Environmental Report for completeness. Acceptance of an 

Environmental Assessment or Environmental Report as complete shall not 

prohibit the Tribe from requiring additional information during its review of the 

findings. 

4.13 Consultation The Tribe shall make an effort to consult with the planning and 

design team on the potential off-reservation environmental impacts of any such 

Project during the planning and design stage. 

SECTION 5 INITIAL ENVIRONMENTAL ASSESSMENT REQUIRED 

5.1 Applicability When the Tribe commences any expansion or significant 

modification of an existing Tribal Gaming Facility or any significant excavation, 

construction or development associated with a new or proposed Tribal Gaming 

Facility, the Executive Committee shall require an initial Environmental 

Assessment to determine if the Project may have a significant effect on the 

environment. This initial study may rely on expert opinion supported by facts, 

technical studies or other substantial evidence to documents its findings. 
5.2 Process for Significant Effects If, when reviewing this Environment 

Assessment, the Executive Committee determines that there is substantial 

evidence that any aspect of the Project, either individually or cumulatively, may 

cause a significant effect on the off-reservation environment, regardless of 

whether the overall effect of the Project is adverse or beneficial, it shall do one of 

the following: 

5.2.1. Require an expanded Environmental Assessment, 

5.2.2. Require the preparation of an Environmental Report, or 

5.2.3. Use a previously prepared Environmental Assessment or Environmental 

Report, which it determines would adequately analyze the Project at hand 

or require an expanded study of one or more aspects of the proposed 

Project. 

5.3 Purposes of EA's 

5.3.1 To assist the Tribe in determining when a Finding of No Significant 

Impact is appropriate. 

5.3.2 To enable the Tribe to modify or amend the Project to minimize the offreservation impact. 

5.3.3 To focus attention on those off-reservation impacts that are significant and 

identify those off off-reservation environmental impacts that are not 

significant. 

5.3.4 To explain the reasons for determining that potentially significant offreservation environmental impacts would not be significant. 

5.3.5 To eliminate the need for unnecessary Environmental Impact Studies. 

5.4 Substance of EA's 

5.4.1 A description of the Project, including its location. 

5.4.2 An identification of the environmental setting surrounding the Project. 

5.4.3 A listing or chart of environmental impacts covered by the study, along 

with a narrative report that discusses those impacts. 

5.4.4 A discussion of the ways that negative off-reservation impacts can, or 

have been, addressed. 

5.4.5 An examination of how the Project fits into local land use patterns. 
5.4.6 The name of the person or persons who prepared the report. 

SECTION 6 EXECUTIVE COMMITTEE REVIEW OF AN ENVIRONMENTAL 

ASSESSMENT 

6.1 Review Following the completion of an Environmental Assessment, the 

Executive Committee shall review its findings and determine whether the entire 

record, including that study, justifies the issuance of a proposed Finding of No 

Significant Impact or the development of an expanded Environmental Assessment 

or an Environmental Report. In so doing, the Executive Committee shall utilize 

the criteria set forth in Sections 7-9 below. 

6.2 Expanded EA's The Executive Committee shall call for the production of an 

expanded Environmental Assessment when it determines that the proposed 

Project will have an impact on the off-reservation environment, but such impact is 

limited enough that it can be addressed in a shorter more concise study. 

6.3 Limited EA's The Tribe may require an ER on only those aspects of the Project 

that present a significant adverse impact off-reservation. 

6.4 Urban and Rural Distinctions A determination of whether a Project may have a 

significant off-reservation impact on the environment calls for carekl judgement 

on the part of the Executive Committee, based to the extent possible on scientific 

and factual data. An impact that may not be significant in an urban area may be 

significant in a rural area. 

6.5 Mitigating Effects If the Tribe determines that a Project will have offreservation impacts, but this impact is mitigated to the point that the impact is no 

longer significant and the whole record taken together shows no significant 

impact, a FONSI shall be issued. 

6.6 Evidentiary Requirements The existence of a public controversy over the offreservation impact will not require an ER, if the evidence in the report does not 

show that significant impact. Substantial evidence shall not be found from 

opinion or narrative but only from facts, reasonable assumptions predicted on 

facts and expert opinions supported by facts. 

6.7 Archeological or Historical Resource A Project which alters, in an advanced 

manner, those physical characteristics of an Archeological or Historical Resource 

(those listed in or eligible for listing in the California Register of Historical 

Resources or which are otherwise of historical significance) shall require 

mitigation. 

6.8 Biological Species A Project which endangers the overall health of a biological 

species shall require mitigation. 
SECTION 7 FINDINGS OF NO SIGNIFICANT IMPACT (FONSI) 

The Executive Committee shall issue a proposed FONSI when: 

7.1 It finds that in view of the entire records before it, including the Environmental 

Assessment, there is no substantial evidence that the Project will have a 

significant impact on the off-reservation environment. 

7.2 The mitigation steps agreed to by the developer clearly mitigate the offreservation impacts to the point that no significant impacts would occur. 

7.3 The Project, as modified, would have no significant impacts on the off-reservation 

environment. 

SECTION 8 FONSI ELEMENTS 

8.1 A brief description of the Project. 

8.2 The Project's location, preferably shown on a map. 

8.3 A proposed finding that the Project will not have a significant effect on the offreservation equipment. 

8.4 An attached copy of the Environmental Assessment. 

8.5 A description of mitigation measures taken. 

SECTION 9 PROCEDURE FOR APPROVAL OF A FONSI 

9.1 If the Executive Committee determines that it is prepared to approve a FONSI, it 

shall prepare a notice which includes each of the following items and forward that 

notice to the Clearinghouse of the State Oflice of Planning and Research, the 

Board of Supervisors and the County Clerk of the county in which the Project will 

be located. 

9.2 This notice shall contain: 

9.2.1 Identification of the Project and a brief description of it 

9.2.2 The date on which the Executive Committee approved the Project. 

9.2.3 A determination by the Executive Committee that the Project will not have 

a significant effect on the off-reservation environment. 

9.2.4 A statement that a FONSI has been prepared pursuant to this ordinance. 
9.2.5 The address where a copy of the FONSI may be examined. 

SECTION 10 DECISION TO PREPARE AN ENVIRONMENTAL REPORT (ER) 

10.1 Decision to Prepare an ER An ER shall be prepared when the Executive 

Committee finds that there is substantial evidence that the proposed Project will 

have a substantial impact on the off-reservation environment. 

SECTION 11 DETERMINING THE SCOPE OF THE ER 

11.1 Before determining when to commence an Environmental Report, the Executive 

Committee upon approval by the General Council shall arrange for consultation 

with state and local agencies, including the Board of Supervisors of the county in 

which the Project will be located, that have an interest in the specific 

environmental concerns raised by the Project and seek to have input on the nature 

and scope of the ER. Nothing herein shall require the Executive Committee to 

provide these agencies with more than 30 days to submit the Environmental 

Report concerns. 

11.2 Prior to completing the Environmental Report, the Executive Committee may 

arrange for consultation upon approval by the General Council with any person or 

organization believed to be concerned with the off-reservation environmental 

impact of the proposed Project. Any person may submit information or 

comments to the Executive Committee to assist it in preparing and evaluating the 

Environmental Report. 

SECTION 12 PREPARATION OF ER 

12.1 The Executive Committee upon approval by the General Council may arrange for 

the Environmental Report to be prepared by its staff, enter a contract with a third 

party to prepare the study, accept an Environmental Report prepared by the 

federal government or an Environmental Report prepared by the state on the 

Project. In determining the scope of an Environmental Report, the Executive 

Committee shall meet with and consider the views of the Board of Supervisors of 

the county in which the Project is to be located. It may also use a previously 

prepared Environmental Report. 

SECTION 13 PREPARATION AND CERTIFICATION OF ER 

13.1 The Executive Committee shall prepare or arrange to have prepared an 

Environmental Report, which shall be circulated for public comment before the 

Project is approved. 

13.2 Contents of Environmental Report. The Environmental Report shall contain: 
13.2.1 The Environmental Report and all revisions made to it. 

13.2.2 A summary of the comments and recommendations received on the 

proposed draft. 

13.2.3 A list of persons and organizations wishing to commenting on the draft. 

13.2.4 The response of the Executive Committee to those comments. 

13.2.5 Any additional information the Committee deems relevant. 

13.3 Notice of the Final ER 

13.3.1 The Executive Committee shall provide notice of completion of the 

Environmental Report of the public, the State Clearinghouse Ofice of 

Planning and Research, and the Board of Supervisors and County Clerk of 

the county in which the Project will be located. The notice to the County 

Clerk shall ask the clerk to post that notice in the county office within 24 

hours of receipt and keep it posted for a minimum of 20 days. 

13.3.2 This notice shall contain, at a minimum: 

(1) A brief description of the Project. 

(2) Starting and ending dates for the receipt of public comments and 

information on where and how those comments can be submitted. 

(3) The date, time and place of any scheduled public meetings or 

hearings to be held by the Tribe on the proposed Project. 

(4) The address or addresses where copies of the final Environmental 

Report can be viewed andlor obtained. 

(5) All comment periods shall be for a minimum of 20 days. 

SECTION 14 EXECUTIVE COMMITTEE FINDINGS FOLLOWING A FINAL ER 

14.1 Issuance of Findings After reviewing the public comments received on a final 

Executive Committee certified ER, the Executive Committee shall issue one or 

more of the following findings: 

14.1.1 That changes and alterations have been required in or incorporated into the 

Project which avoid or substantially lessen the significant environmental 

effect as identified in the ER. 
14.1.2 Such changes or alterations are within the responsibility or jurisdiction of 

an entity other than the Tribe, and the Tribe recommends that they be 

made. 

14.1.3 Specific economic, legal, social, technological or other considerations, 

including provision of employment opportunities for highly trained 

workers, make infeasible the mitigation measures or Project alternatives 

identified in the final ER. 

SECTION 15 NOTICE OF DETERMLNATION 

15.1 Notice Publication Upon final review and approval of the Project, the Executive 

Committee upon approval by the General Council shall publish a notice in a 

newspaper of general circulation, with the State clearinghouse Office of Planning 

and Research, and with the Board of Supervisors and County Clerk of the county 

in which the Project will be located, a notice of approval or rejection of the 

Project. That notice shall contain at a minimum: 

15.1.1 The name and description of the Project and its locations. 

15.1.2 The date upon which the Executive Committee approved the Project. 

15.1.3 The determination of the Executive Committee that the Project will or will 

not have a significant effect on the off-reservation environment. If it will 

have such an effect, this notice shall be accompanied by a statement of 

overriding considerations which shall state that the Projects economic, 

legal, social, technological or other benefits override the unavoidable 

environmental risks associated with the Project. 

15.1.4 A statement that the Environmental Report was prepared 

15.1.5 A description of the mitigation measures required. 

15.1.6 The address where a copy of the final Environmental Report can be 

examined. 
TITLE Ill 

ADOPTION OF FEDERAL OCCUPATIONAL SAFETY AND 

HEALTH STANDARDS FOR 

THE CLASS I11 GAMING FACILITY 

The adoption of 29 C.F.R. part 1910 - Occupational Safety and Health Standards and part 1926 

- Safety and Health Regulations for Construction, together will serve to regulate the safety and 

inspection of retail sale, wholesale/commercial and light industrial labor practices, along with the 

standard of tribal labor force protections from hazardous workforce environments and exposure 

to potential contaminants within each of these areas, establishment of contract work hours and 

other labor safety standards as deemed necessary by the tribal government, along with the 

enforcement of these codes including the setting of penalties. 

SECTION 1. ADOPTION BY REFERENCE. 

1.1 Findings. The ELEM INDIAN COLONY OF POMO INDIANS ("Tribe" or 

"Tribal") General Council on behalf of the Tribe finds that: 

A certain document, three copies of which are on file in the office of the 

Tribal Secretary, being marked and designated as 29 C.F.R. part 1910 - 

Occupational Safety and Health Standark and part 1926 - Safety and 

Health Regulations for Construction, published by the U.S. Department of 

Labor, Occupational Safety and Health Administration, is hereby adopted 

as the Tribal OSHA Standards, for regulating the safety and inspection of 

retail sale, wholesale/commercial and light industrial labor practices, along 

with the standard of tribal labor force protections from hazardous 

workforce environments and exposure to potential contaminants within 

each of these areas, establishment of contract work hours and other labor 

safety standards as deemed necessary by the tribal government, along with 

provisions for submission of labor contracts, building plans and hazardous 

activity permits for tribal government approval, collection of fees, and 

enforcement of these codes including the setting of penalties, where 

necessary. 

1.2 Inconsistent Codes Repealed. All other codes or portions of codes in conflict 

herewith are hereby repealed in that respect only. 
.3 Certification of Adoption and Publishing. The Executive Committee Secretary 

shall certify the adoption of this Tribal Ordinance and cause the same to be 

published as required by law. 

1.4 Effective Date. This Tribal Ordinance and the rules, regulations, provisions, 

requirements, orders, and matters established and adopted hereby shall take effect 

and be in full force and effect from and after the date of its final passage and 

approval. 
TITLE IV 

ADOPTION OF AMERICANS WITH DISABILITIES ACT 

STANDARDS FOR CLASS I11 GAMING FACILITY 

The adoption of 28 C.F.R. part 35, the Nondiscrimination on the Basis of Disability in State and 

Local Government Services, will serve to effectuate subtitle A of Title I1 of the Americans with 

Disabilities Act f 1990 (104 Stat. 327, Pub. L. 101-336, as amended), which prohibits 

discrimination on the basis of disability by public entities. 

SECTION 1. ADOPTION BY REFERENCE. 

1.1 Findings. The ELEM INDIAN COLONY OF POMO INDIANS ("Tribe" or 

"Tribal") General Council on behalf of the Tribe finds that: 

1.1.1 A certain document, three copies of which are on file in the office of the 

Tribal Secretary, being marked and designated as 28 C.F.R. part 35 - 

Nondiscrimination on the Basis of Disability in State and Local 

Government Services, is hereby adopted as the Tribal ADA Standards, 

which prohibits discrimination on the basis of handicap in tribally assisted 

programs and activities. 

1.2 Inconsistent Codes Repealed. All other codes or portions of codes in conflict 

herewith are hereby repealed in that respect only. 

1.3 Certification of Adoption and Publishing. The Executive Committee Secretary 

shall certify the adoption of this Tribal Ordinance and cause the same to be 

published as required by law. 

1.4 Effective Date. This Tribal Ordinance and the rules, regulations, provisions, 

requirements, orders, and matters established and adopted hereby shall take effect 

and be in fill force and effect from and after the date of its final passage and 

approval. 
TITLE V 

ADOPTION OF THE FDA 1999 FOOD CODE FOR 

A CLASS I11 GAMING FACILITY 

The adoption of the 1999 edition of the "Food Code" regulating the retail sale, commercial and 

institutional service, and vending of food; defining permit holder, person in charge, employee, 

food, potentially hazardous food, food establishment, safe material, sanitation, and other terms; 

and providing standards for employee food safety knowledge, health, and practices; food 

sources, preparation, holding temperatures, and protection; equipment design, construction, 

installation, cleaning, and sanitation; water, and liquid and solid wastes; facilities construction 

and maintenance, and storage and use of poisonous and toxic materials; requiring a permit to 

operate a food establishment; and providing for the restriction or exclusion of employees, the 

examination and condemnation of food, and the enforcement of this code including the setting of 

penalties. 

SECTION 1. ADOPTION BY REFERENCE. 

1.1 Findings. The ELEM INDIAN COLONY OF POMO INDIANS ("Tribe" or 

"Tribal") General Council on behalf of the Tribe finds that: 

1.1.1 A certain document, three copies of which are on file in the ofice of the 

Tribal Secretary, being marked and designated as the Food Code, 1999 

Recommendations of the United States Public Health Sewice/Food and 

Drug Administration as published by the U. S. Department of Health and 

Human Services, Public Health Service, Food and Drug Administration 

be, and is hereby adopted as, the Food Code of the Tribe, located in the 

State of California; for regulating the design, construction, management 

and operation of food establishments, and providing for plans submission 

and approval and the issuance of permits and collection of fees therefore. 

1.2 Insertions and Changes. That the following provisions are hereby revised as 

follows: 

Paragraph 8-81 1.10(B) Insert (as provided by California law) Paragraph 8- 

8 13.10(B) Insert (as provided by California law) Subparagraph 8-8 1 1.10(B)(2) 

Insert (as provided by California law) 

1.3 Inconsistent Codes Repealed. All other codes or portions of codes in conflict 

herewith are hereby repealed in that respect only. 

1.4 Certification of Adoption and Publishing. The Executive Committee Secretary 

shall certify the adoption of this Tribal Ordinance and cause the same to be 

published as required by law. 
1.5 Effective, Date. This Tribal Ordinance and the rules, regulations, provisions, 

requirements, orders, and matters established and adopted hereby shall take effect 

and be in full force and effect for the period of 36 months from and after the date 

of its final passage and approval. 
TITLE VI 

ADOPTION OF FEDERAL SAFE DRINKING WATER 

STANDARDS 

The adoption of 40 C.F.R. part 141 - National Primary Drinking Water Regulations and part 142 

- National Primary Drinking Water Regulations Implementation, together will serve to regulate 

the safety and inspection of ground and surface water aquifers and public drinking water systems 

on tribal lands. 

SECTION 1. ADOPTION BY REFERENCE. 

1.1 Findings. The ELEM INDIAN COLONY OF POMO INDIANS ("Tribe" or 

"Tribal") General Council on behalf of the Tribe finds that: 

1.1.1 A certain document, three copies of which are on file in the office of the 

Tribal Secretary, being marked and designated as 40 C.F.R. part 141 - 

National Primary Drinking Water Regulations and part 142 - National 

Primary Drinking Water Regularions Implementation, published by the 

U.S. Environmental Protection Agency, is hereby adopted as the Tribal 

Safe Drinking Water Standards, for regulating the safety and inspection of 

ground and surface water aquifers and public drinking water systems on 

tribal lands. 

1.2 Inconsistent Codes Repealed. All other codes or portions of codes in conflict 

herewith are hereby repealed in that respect only. 

1.3 Certification of Adoption and Publishing. The Executive Committee Secretary 

shall certify the adoption of this Tribal Ordinance and cause the same to be 

published as required by law. 

1.4 Effective Date. This Tribal Ordinance and the rules, regulations, provisions, 

requirements, orders, and matters established and adopted hereby shall take effect 

and be in full force and effect from and after the date of its final passage and 

approval. 
TITLE VII 

ADOPTION OF THE UNIFORM BUILDING CODE, UNIFORM MECHANICAL 

CODE, UNIFORM PLUMBING CODE, NATIONAL ELECTRICAL CODE AND 

OTHER RELEVANT FEDERAL BUILDING AND CONSTRUCTION STANDARDS 

The adoption of 24 C.F.R. part 200.92% -- Model Codes, including the Uniform Building Code, 

Uniform Mechanical Code, Uniform Plumbing Code, National Electrical Code and others, 

together will serve to regulate the operational safety and inspection of all relevant building and 

construction activities conducted on tribal lands. 

SECTION 1. ADOPTION BY REFERENCE. 

1.1 Findings. The ELEM INDIAN COLONY OF POMO INDIANS ("Tribe" or 

"Tribal") General Council on behalf of the Tribe finds that: 

.1.1 .I A certain document, three copies of which are on file in the ofice of the 

Tribal Secretary, being marked and designated as 5 U.S.C. 552(a) and 1 

CFR part 51 is hereby adopted as the Tribal Uniform Building Code, 

Tribal Uniform Mechanical Code, Tribal Uniform Plumbing Code, Tribal 

Electrical Code and Tribal Building and Construction Standards, for 

regulating the construction of buildings on tribal lands. The 

aforementioned documents are: 

(A) Model Building Codes- 

(i) The BOCA National Building Code, 1993 Edition, The 

BOCA National Plumbing Code, 1993 Edition, and the 

BOCA National Mechanical Code, 1993 Edition, 

excluding Chapter I, Administration, for the Building, 

Plumbing and Mechanical Codes and the references to 

fire retardant treated wood and a distance of 4 feet 

(1219 mm) from the wall in exception number 1 of 

paragraph 705.6 and 707.5.2 number 2 (Chapter 7) of 

the Building Code, but including the Appendices of the 

Code. Available from Building Officials and Code 

Administrators International, Inc., 405 1 West 

Flossmoor Road, Country Club Hills, Illinois 60478. 

(ii) Standard Building Code, 1991 Edition, including 

1992/1993 revisions. Standard Plumbing Code, 1991 

Edition, Standard Mechanical Code, 1991 Edition, 

including 1992 revisions, and Standard Gas Code, 1991 

Edition, including the 1992 revisions, but excluding 

Chapter I--Administration from each standard code and 
the phrase "or fire retardant treated wood" in reference 

note (a) of table 600 (Chapter 6) of the Standard 

Building Code, but including Appendices A, C, E, J, K, 

M, and R. Available from the Southern Building Code 

Congress International, Inc., 900 Montclair Road, 

Birmingham, Alabama 352 13. 

(iii) Uniform Building Code, 1991 Edition, including the 

1993 Accumulative Supplement, but excluding Part I-- 

Administrative, and the reference to fire retardant 

treated plywood in section 2504(c)3 and to fire 

retardant treated wood in I-HR type I11 and V 

construction referenced in paragraph 4203.2., but 

including the Appendix of the Code. Uniform Plumbing 

Code, 1991 Edition, including the 1992 Code Changes 

but excluding Part I--Administration, but including the 

Appendices of the Code. Uniform Mechanical Code, 

1991 Edition, including the 1993 Accumulative 

Supplement but excluding Part I--Administrative, but 

including the Appendices of the Code. All available 

from the International Conference of Building Officials, 

5360 South Workman Mill Road, Whittier, California 

9060 1. 

(B) National Electrical Code, NFPA 70, 1993 Edition, including 

appendices. Available from the National Fire Protection Association, 

Batterymarch Park, Quincy, Massachusetts 02269. 

(C)National Standard Plumbing Code, 1993 Edition. Available from the 

National Association of Plumbing-Heating-Cooling Contractors, P.O. 

Box 6808, Falls Church, Virginia 22046. 

Model Code Compliance Requirements. 

(A) When a multifamily or care-type property is to comply with one of the 

model building codes set forth in paragraph 1.1.1 (A) of this section, 

the following requirements of those model codes shall not apply to 

those properties: 

(i) Those provisions of the model codes that do not pertain to 

residential or institutional buildings; 

(ii) Those provisions of the model codes that establish energy 

requirements for multifamily or care-type structures; 

and 
(iii) Those provisions of the model codes that 

require or allow the issuance of permits of any sort. 

1.1.3 Where the model codes set forth in paragraph 1.1.1 (A) of his section 

designate a building, fire, mechanical, plumbing or other official, the 

Secretary's designee in the HUD Field Office serving the jurisdiction in 

which the property is to be constructed shall act as such official. 

1.1.4 Designation of Model Codes. When a multifamily or care-type property is 

to comply with a model code, it shall comply with one of the model codes 

designated in paragraphs 1.1.3 (A-C) of this section, and with any other 

code or codes identified in the same paragraph. However, seismic design 

is a mandatory requirement. In addition, the property shall comply with all 

of the standards that are incorporated into the code or codes by reference. 

By the time of application for insurance or other benefits, the developer or 

other interested party shall notify the Department of the code or group of 

codes to which the developer intends to comply. 

(A) The BOCA National Building Code, The BOCA National 

Plumbing and The BOCA National Mechanical Code, 1993 

Editions. 

(B) Standard Building Code, Standard Plumbing Code, Standard 

Mechanical Code and Standard Gas Code, 1991 Editions, 

including the revisions specified in paragraph 1.1.1 (A)(ii) of this 

section, and the National Electrical Code, 1993 Edition. 

(C) Uniform Building Code, Uniform Plumbing Code and Uniform 

Mechanical Code, 199 1 Editions, including the 1993 Accumulative 

Supplements to the Building and Mechanical Codes, and the 1992 

Code Changes to the Uniform Plumbing Code, and the National 

Electrical Code, NFPA 70, 1993 Edition. 

(D) The National Electrical Code, NFPA 70, 1993 Edition. 

Inconsistent Codes Repealed. All articles, titles, chapters, or other codes or 

portions thereof, in conflict herewith are hereby repealed in that respect only. 

Certification of Adoption and Publishing. The Executive Committee Secretary 

shall certify the adoption of this Tribal Ordinance and cause the same to be 

published as required by law. 
1.4 Effective Date. This Tribal Ordinance and the rules, regulations, provisions, 

requirements, orders, and matters established and adopted hereby shall take effect 

and be in full force and effect from and after the date of its final passage and 

approval.