May 13,2009 

Davis Gonzales, Chairman 

Te-Moak Tribe of Western Shoshone 

535 Sunset Street 

Elko,NV 89801 

Dear Chairman Gonzales: 

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

Commission (NIGC) to review and approve the Te-Moak Tribe's Gaming Ordinance No. 

09-TM-ORD-01, approved by the Te-Moak Tribal Council on January 7, 2009 and 

submitted to the NIGC on February 5,2009. This letter constitutes such approval 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. 

Thank you for submitting the ordinance for review and approval. The NIGC staff 

and I look forward to working with you and the Te-Moak Tribe on future gaming issues. 

Chairman 

NATIONAL HEADQUARTERS 1441 LSt. NW, Suite9100. Warhiopton, DC 20005 Tei: 202632.7003 Fax: 202632.7066 WVW.NIGC.GOV 

REGIONAL OFFICES Poflland, OR; Sacramento, CA; Phoenix, AZ: St. Paul, MN;Tulsa, OK 
-2-.---/- -- -- --- 

TE-MOAK TRIBE OF WESTERN SHOSHOIQE 

April 29,2009 

525 Sunset Street Elko, Nevada 89801 

775-738-9251 Fax 775-738-2345 

Maria Getoff, Senior Attorney 

National Indian Gaming Commission 

1441 L Street, NW, Suite 9100 

kqhington, DC 20005 

Ms. GetoE 

As per your telephone conversation with Patricia Stevens, Tribal Manager on the 

above date, you have requested additional information pertaining to the Te-Moak 

Tribe's Gaming Ordinance #09-TM-ORD-01. 

The designated agent for service proce5s will be the Tribal Chairperson for the 

Te-Moak Tribe of Western Shoshone Indians of Nevada. 

The Law Enforcement Agency to process fingerprints is the Elko County 

Sheriffs Department working hand-in-lmd with the Te-Moak Western Shoshone 

Law Enforcement Services Public Safety Board. Upon completion of the 

fingerprint cards the Elko County Sheriff's Department forwards to Tribal Law 

~rcement, which is submitted to Carson City, Department of Public Safety for 

FBI pmxsing of criminal history. 

Should you have any fiuther questions or need additional information, please do 

not hesitate to contact our office at the above addmdtelephone number. 

Sincerely, 

TSM~ Tribe of E&em Shoshone 

Cc: Te-Moak Tribal Council 
TE-MOAK TRIBE OF WESTERN SHOSHONE 

GAMING ORDINANCE 

TABLE OF CONTENTS 

Section1 . Title ................................................... 1 

Section2. Findings ................................................ 1 

Section3 . Purposes ............................................... 2 

1 . GENERAL PROVISIONS ....................................... 2 

Section 4 . Definitions .............................................. 2 

Section 5 . Gaming Authorized and Regulated ........................... 9 

Section 6 . Use of Revenues from Class II and Class Ill Gaming Activities ..... 10 

Section 7 Gaming Facilities ......................................... 10 

Section 8 . Minors. Employees Prohibited from Playing .................... 10 

Section 9 . Prizes. Assignment and Forfeiture ........................... 10 

A . Not Assignable. Exception .................................. 10 

B . Forfeiture ............................................... 11 

II . Administration ................................................ 11 

Section 10 . Tribal Gaming Commission ................................. 11 

A . Establishment and composition .............................. 11 

B . Qualifications. Standards of Conduct and Appointment ............ 11 

C . Duties and Powers ........................................ 13 

D . Commission Record-Keeping ................................ 14 

E . Reports ................................................. 15 

F . Regulation of Patron Disputes ............................... 16 

G . Compensation ........................................... 17 

i 
Section 11 . Gaming Facilities Licensing and Audits ........................ 17 

A . Authority to License ....................................... 17 

B . Types of Licenses to be Issued .............................. 17 

Section12 . LicensesFeesandTaxes .................................. 18 

Section 13 . Gaming Facility License. Effective Period and Place .............. 19 

A . Period .................................................. 19 

B . Place .................................................. 19 

Section 14 . Primary Management Of'ficials. Key and Other Employees ......... 19 

A . Work Permits for All Gaming Employees at Tribal Class Ill gaming Facilities 

........................................................... 19 

B . Primary Management Of'ficials and Key Employees. License Requirements 

........................................................ 20 

C . Primary Management Officials and Key Employees; License Application. 

Notices ................................................ 21 

a . Privacy Notice ...................................... 21 

b . Notice Regarding False Statements ..................... 21 

D . Primary Management Officials and Key Employees; Background 

Investigation; Report ...................................... 24 

E . Eligibility Determination .................................... 25 

F . Procedures for Forwarding Applications and Reports for key Employees 

and Primary Management Officials to the Nation Indian Gaming 

Commission; Issuance of Temporary Licenses .................. 25 

G . Granting a Gaming License ................................. 26 

H . Requirements Applicable to all Employees ..................... 27 

Section 15 . License Suspension and Revocation .......................... 27 

Section 16 . Audits of Tribal Gaming Operations ............................ 28 

Section 17 . Definitions ......................................... 29 

Section 18 . Person Authorized to Conduct Class II Gaming ............ 30 
Section 19 . Ownership of Class II Gaming Activity .................... 30 

Section 20 . Management Contracts ............................... 32 

Section 21 . Games Permitted .................................... 32 

Section 22 . Bingo Game Cards ................................... 32 

Section 23 . Player Limitation ..................................... 33 

Section 24 . Entry Prohibited ..................................... 33 

Section 25 . Hours of Operation; Notice to Commission ................ 33 

IV . CLASSIIIGAMING ............................................. 33 

Section 26 . Persons Authorized to Conduct Class Ill Gaming ........... 34 

Section 27 . Persons Authorized to Own a Class Ill Gaming Operation .... 34 

Section 28 . Authorized Operation ................................. 34 

Section 29 . Management Contracts ............................... 34 

Section 30 Games . Permitted .................................... 35 

Section 31 -35 (Resewed) .................................... 35 

V . VIOLATIONS .................................................. 35 

Section 36 . Crimes; Penalties .................................... 35 

Section 37 . Civil Penalties ....................................... 36 

VI . VALIDITY OF ORDINANCE ...................................... 36 

Section 38 . Severability ......................................... 36 

Section 39 . Effective Date of Ordinance ............................. 36 

CERTIFICATION ............................................... 37 
+.--_.- -4-&d--- 

TE-MBE TREBE OF WESTERN 

ORDINANCE OF THE TE-MOAK TRIBE 

OF WESTERN SHOSHONE INDIANS OF NEVADA 

ORDINANCE NO. 09-TM-ORD-01 

TE-MOAK TRIBE OF WESTERN SHOSHONE 

GAMING ORDINANCE 

Be it enacted by the Tribal Council of the Te-Moak Tribe of Western Shoshone 

Indians of Nevada, fhat in accordance with Article 4, Section 3(n) of the 

Constitution of the Te-Moak Tribe of western Shoshone Indians of Nevada, as 

amended and approved August 22, 1982, an Te-Moak Tribe of Western 

Shoshone Indians of Nevada Gamina Ordinance of the Te-Moak Tribe effective 

upon adoption by the majority vote of the members of the Tribal Council 

present at a meeting duly called and held. 

Section 1. 

This Ordinance shall be known as the Te-Moak Tribe of Westem Shoshone 

Gaming Ordinance. Any gaming ordinances or resolutions previously adopted 

by the Tribal Council are hereby superseded and repealed. 

Secifon 2. Flndin~s. 

The Tribal Council of the Te-MoakTribe of Western Shoshone ("Tribe':) finds that: 

A. The Tribe and its constituent Bands, Elko. Battle Mountain, South Fork and 

Wells Bands, has the exclusive authority to regulate Class I and Class II 

gaming activities on the Te-Moak Tribe Indian C~l~nie~/Re~e~~ti~n 

subject only to the requirements of the Indian Gaming Regulatory Act 

("IGRA"); and 

0. Provided that it has entered into a compact with the State of Nevada, 

the Tribe is authorized to operate, license and regulate Class Ill gaming on 

its lands pursuant to that compact; and 

C. It is essential to the health, safety and general welfare of the Tribe and the 

visitors to the Te-Moak Tribe of Western Shoshone Colonies/Rese~ation 

that standards and regulations be promulgated to govern the conduct of 

gaming activities on the Colonies/Rese~ation. 
Section 3. Pur~oses, 

The purpose of this Gaming Ordinance is to: 

A. Provide standards and regulations governing the conduct of gaming 

activities on the Te-Moak Tribal lands; 

8. Promote Tribal economic development; 

C. Enhance employment opportunities for tribal members; 

D. Strengthen the economy of the Te-Moak Tribe of Western Shoshone; and 

E. Generate revenue for use in improving the health, education and general 

welfare of enrolled members of the Te-Moak Tribe of Western Shoshone; 

and for other uses authorized by federal law. 

1. GENERAL PROVISIONS 

Section 4. , Definitions. 

1. "Act" or "IGRA" means the fndian Gaming Regulatory Act of 1988, 

as amended, at 25 U.S.C. $2701-2721, and 18 U.S.C. 551 167-1 168. 

2. "Applicant" means any Person or Entity applying for, or reqbesting 

renewal of, a License or permit described in or required by this 

Ordinance. 

3. "Application" means a request for the issuance or renewal of a 

License or permit described in or required by this Ordinance. 

4. "Banking Card Game" means any card game in which each player 

wagers against the house rather than against other players. 

5. "Bingo" means the game of chance (whether or not electronic, 

computer of other technological 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 

the card covers such numbers of 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. "Bingo" includes, if played at the same location, pull 

tabs, lotto, punch boards, tip jars, and other games similar to bingo. 
6. "Class I Gaming" means social games played solely for prizes of 

minimal value or traditional forms of tribal gaming engaged in by 

individuals as part of, or in connection with, tribal ceremonies or 

celebrations. 

7. "Class II Gaming" means all forms of gaming which are defined as 

"Class II gaming" in the IGRA, 25 U.S.C. §2703[7), and shall include, 

but not be limited to, the following forms of gaming: bingo, lotto, 

pull tabs and punch boards, tip jars and non-banking card games, 

when played in conformity with 25 U.S.C. §2703(7). 

8. "Class Ill Gaming" means all forms of gaming that are not Class i 

gaming or Class II Gaming, as defined in the IGRA, 25 U.S.C. 

§2703(8). 

9. "Compact" means the Compact by and between the Te-Moak 

Tribe of Western Shoshone and the State of Nevada setting forth the 

agreement for the operation of Class Ill gaming on Te-Moak Tribal 

lands within the State of Nevada. 

10. "Entity" means any organization, including any division, department 

or other unit therein, and includes, but shall not be limited to, a 

public or private corporation, partnership, joint venture, voluntary or 

unincorporated association, organization, proprietorship, trust, or 

estate. 

11. "Equipment" means any arficle, device, or other item, employed in 

gaming activity, including but not limited lo Bingo cards, lottery 

tickets, any electronically operated blower machine, gaming 

devices, gaming tables, associated paraphernalia, chips, tokens, 

dice and any other items employed in gaming activity. 

12. "Gaming Machine" or "Slot Machine" means any mechanical, 

electrical, electromechanical, electronic, or other device, 

contrivance or machine which, upon insertion of a coin, token, or 

similar object, or upon payment of any consideration, is available to 

play or operate, the play or operation of which, whether by reason 

of the skill of the operator in playing a gambling game which is 

presented for play by machine or application of the element of 

chance, or both, may deliver or entitle the person playing or 

operating the machine to receive cash, premiums, merchandise, 

tokens. or anything of value, whether the payoff is made 

automatically from the machines, or in any other manner. "Slot 

Machine" specifically includes video facsimiles of any game of 
change authorized under Nevada Statue, Nev. Rev. Stat. $463.0152. 

In addition, if at any time the State broadens it definition of "slot 

machine" to include additional devices, then such devices shall 

also be "slot machines" within the meaning of this Ordinance. 

13. "Gaming Commission" or "Commission" means the Te-Moak Tribal 

Gaming Commission, created by this Ordinance. 

14. "Gaming Device" means any equipment or mechanical, 

electromechanical or electronic contrivance, component or 

machine uses remotely or directly in connection with gaming or any 

game which affects the result of a water by determining win or loss. 

The term includes: 

a. A slot machine. 

b. A collection of two or more of the following components: 

(i) an assembled electronic circuit that cannot be 

reasonably demonstrated to have any use other than 

in a slot machine; 

(ii) a cabinet with electrical wiring and provisions for 

mounting a coin, token or currency acceptor and 

provisions for mounting a dispenser of coins, tokens or 

anything of value; 

(iii) a storage medium containing the source language or 

executable code of a computer program that cannot 

be reasonably demonstrated to have any use other 

than in a slot machine; 

(iv) an assembled video display unit: 

(v) an assembled mechanical or electromechanical 

display unit intended for use in gambling; or 

(vi) an assembled mechanical or electromechanical unit 

that cannot be demonstrated to have any use other 

than in a slot machine. 

c. Any mechanical, elecfrical or other device which may be 

connected to or used with a slot machine to alter the normal 
criteria of random selection or affect the outcome of a 

game. 

d. A system for the accounting or management of any game in 

which the result of the wager is determined electronically by 

using any combination of hardware or software for 

computers. 

e. Any combination of one of the components set forth in 

paragraphs (i] to (iv) inclusive, of subsection 1l.b and any 

other component that the Commission determines by 

regulation to be a machine used directly or remotely in 

connection with gaming or any game that affects the results 

of a wager by determining win or loss. 

15. "Gaming Employee" means any person connected directly with an 

operator of a slot route, the operator of a pari-mutuel system, the 

operator of an inter-casino linked system or a manufacturer, distributor or 

disseminator, or with the operation of a gaming establishment licensed to 

conduct any game, 16 or more slot machines, a race book, sports pool or 

pari-mutuel wagering, including: 

a. Accounting or internal auditing personnel who are directly involved 

in any record keeping or the examination of records associated with 

revenue from gaming; 

b. Boxmen; 

c. Cashiers; 

d. Change personnel; 

e. Counting room personnel; 

f. Dealers; 

g. Employees of a person required by Nevada law, NRS 464.010, to be 

licensed to operate an off-track pari-mutuel system; 

h. Employees of a person required by Nevada law, NRS 463.430. to be 

licensed to disseminate information concerning racing; 
i. Employees of manufacturers or distributors of gaming equipment 

within the Reservation whose duties are directly involved with the 

manufacture, repair or distribution of gaming equipment; 

j. Employees of operators of slot routes who have keys for slot 

machines or who accept and transport revenue from the slot drop; 

k. Employees of operators of inter-casino linked systems; 

I. Floor men; 

m. Hosts or other person empowered to extend credit or 

complimentary services; 

n. Keno runners; 

o. Keno writers; 

p. Machine mechanics; 

cl. Odds makers and line setters; 

r. Security personnel; 

s. Shift or pit bosses; 

t. Shills; 

U. Supervisors or managers; and 

v. Ticket writers. 

"Gaming Employee" does not include bartenders, cocktail waitresses or 

other persons engaged exclusively in preparing or sewing food or 

beverages. 

16. "Gross Receipts" means the total receipts from the conduct of gaming 

activities. 

17. "Indian Lands," "Reservations," or "Te-Moak Tribal Lands" means all lands 

within the exterior boundaries of the Te-Moak Tribe of Western Shoshone 

exercises governmental power that is either (1) held in trust for the tribe by 

the United States: or (2) held by the Tribe or Indian individual subject to 

restriction by the United States against alienation. The terms also include 
any lands located within or contiguous to the boundaries of the 

Reservation acquired after October 17, 1988 by the Secretary of interior in 

trust for the benefit of the Tribe, and newly acquired lands on which 

gaming activities are permitted pursuant to 25 U.S.C. $2719(b)(l). 

18. "Key Employee" means: 

a. A person who performs one or more of the following functions: 

(i) 

[ii) 

(iii) 

(iv) 

(v) 

(vi) 

(vii) 

(viii) 

0x1 

1x1 

(xii) 

bingo caller; 

counting room supervisor; 

chief of security; 

custodian of gaming supplies or cash: 

floor manager; 

pit boss; 

dealer; 

croupier; 

approver of credit; or 

custodian of gambling devices including persons with access 

to cash and accounting records within such devices: 

if not otherwise included, any other person whose total cash 

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

if not otherwise included, the four most highly compensated 

persons in the gaming operation. 

19. The term "Interstate Sports Betting Facility" means a gaming establishment 

wherein interstate wagers on sports events are received via telephone, 

computers and associated equipment on the Reservation pursuant to Art. 

I 9l.d of the Compact, or any authorized amendment thereto. 

20. "License" or "Licensed" means a tribal gaming license, or having a valid 

tribal gaming license, issued by the Te-Moak Tribe of Western Shoshone, or 

Ihe Commission, pursuant to this Ordinance. 

21. "Lottery" means any scheme for the disposal or distribution of property, by 

change, among persons who have paid any valuable consideration for 

the chance of obtaining such property, or portion of it, or for any share or 

any interest in such property upon any agreement, understanding or 

expectation that it is to be distributed or disposed of by lot or chance, 

whether called a lottery, raffle or gift enterprise, or by whatever name the 

same may be known. 

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

lndian Gaming Commission, created by the IGRA. 

7 
23. "Net Revenue" means the total gross receipts from a tribal gaming 

operation, less: 

a. Amounts paid out as, or paid for, prizes; and 

b. Total gaming-related operating expenses, excluding management 

fees. 

24. "Non-Banking Card Games" means any card game in which two or more 

players play against each other and the players do not wager against the 

house, Non-banking card games played in conformity with State law 

regulating hours of play, wage and pot limits are Class I1 gaming. All other 

non-banking card games are Class Ill games. 

25. "Non-Tribal Gaming Facility" or "Non-Tribal Gaming Operation" means 

any gaming licensed and conducted on the Resewation by any person or 

entity other than the Tribe or an entity wholly owned by the Tribe. 

26. "Person" means any individual, receiver, administrator, executor, 

assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint 

venture, club, company, joint stock company, business trust, corporation, 

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

mutual cooperative, fraternal or nonprofit doing business within the Indian 

lands. The Tribe is not within the definition of person. 

27. "Pinball Machine" means a video, mechanical, electrical or electronic 

machine which upon insertion of a coin or token or upon redemption of a 

credit, is available for play, the play or operation of which, by reason of 

skill, chance or a combination of both, may entitle a player to an 

automatic, immediate free replay or replays, which cannot be redeemed 

for anything of value. 

28. "Player" means any person participating in gaming activity, who is 

participating with the reasonable expectation of, or for the chance of, 

receiving a prize of some value. 

29. "Primary Management Official" means: 

a. The person having management responsibility for a management 

contract; 

b. Any person who has authority: 
(i) to hire and fire employees; or 

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

c. The chief financial officer or other person who has financial 

management responsibility. 

30. "Prize" means any U.S. currency, cash or other property or things of value 

awarded to a player or players, or received by a player or players as a 

result of their participation in a gaming activity. 

31. "Secretary" means the Secretary of the interior. 

32. "State" means the State of Nevada. 

33. "Tribal Council" means the Te-Moak Tribal Council. 

34. "Tribal Court" means the Te-Moak Judicial ServiceslCFR Court. 

35. "Tribal Gaming Facility" or "Tribal Gaming Operations" means any Class II 

or Class Ill gaming operation or facility which is owned by the Tribe or a 

wholly owned entity of the Tribe. 

36. "Tribe" means the Te-Moak Tribe of Western Shoshone. 

Section 5. Gamlna Authorized and Regulated. 

A. Class I gaming is authorized on Indian lands, and may be conducted by 

any person. Class I gaming shall not be regulated by this Ordinance. 

8. Class II gaming is authorized on Indian lands. Class II gaming shall be 

regulated by the tribal gaming Commission and shall only be operated 

consistent with the provisions of the Ordinance and the IGRA. 

C. Class Ill gaming is authorized on Indian lands. Class Ill gaming shall be 

regulated by the Tribal Gaming Commission and shall only be operated 

consistent with this Ordinance, the Compact, and the IGRA. 

D. Notwithstanding any provision in this Ordinance to the contrary, any 

proposal to open a new Class II or Class Ill gaming operation on the 

Reservation is prohibited unless it is first authorized and approved by the 

Tribal Council, and thereafter licensed and regulated by the Gaming 

Commission pursuant to this Ordinance. 
Section 6, Use of Revenues from Class II and Class Ill Gamina Activltles. 

A. Tribal revenues from Class II and Class Ill gaming facilities or operations 

shall be used only to: 

1. Fund Tribal government operations or programs; 

2. Provide for the general welfare of the Community or Community 

members; 

3. Promote economic development within the Te-Moak 

Colonies/Reservation; 

4. Fund operations of local government agencies; and/or 

5. Donate to charitable organizations. 

Section 7, Gamina Facilities, 

A. To ensure that the environment and the public health, safety and welfare 

are adequately protected, each gaming facility shall be constructed, 

maintained, and operated in compliance with applicable Tribal and 

federal laws, including but not limited to fire codes, safety codes, and 

building codes. 

B. Each gaming facility shall be subject to inspection to insure compliance, 

annually or on such basis as the Tribal Building Inspector, or if none. the 

Tribal Council or Gaming Commission, determines necessary and 

appropriate. 

Section 8% flinors, Emplovees Prohibited from Plavina. 

A. No person under the age of 21 years shall be permitted to play any Class II 

or Class Ill game. 

B. No person who is employed at a Class II or Class Ill gaming facility may 

play any game conducted therein. 

Section 9, Prizes: Assignment and Forfeiture, 
The right of any person to a prize shall not be assignable except that payment of 

any prize may be made to the estate of a deceased prize winner or to a person 

pursuant to an order of the Tribal Court/CFR. 

1. Any unclaimed prize of a Class II or Class Ill gaming activity shall be 

retained by the owner of the game for ninety (90) days after the 

prize is available to be claimed. Any person who fails to claim a 

prize during such time shall forfeit all 'rights to the prize, and the 

amount of the prize shall be awarded to the Tribe. 

2. Any prize won by a person under the age of eighteen (18) shall be 

forfeited as a violation of Section 8 of this Ordinance. Any such prize 

shall be awarded to the Tribe, and the approximate consideration 

paid by the minor shall be refunded to the mlnor. 

II. ADMINISTRATION 

Sectlon 10. Tribal Gamfna Commlsslo~ 

A. Establishment and Com~ositlon, 

1. There is hereby created the Te-Moak Tribe of Western Shoshone 

gaming Commission. 

2. The Tribal Gaming Commission shall be comprised of five members, 

one of whom shall serve as Chairperson. The Tribal Council shall 

appoint the Chairperson and other four gaming commissioners. 

8. Quallflcations. Standards of Conduct and ADDolnfment. 

1. The gaming commissioners should possess and demonstrate as 

minimum qualifications: 

a. Knowledge and experience in the commercial gaming 

industry; 

b. Familiarity with the IGRA; and 

c. Experience in and knowledge of administration and 

administrafive procedures. 
2. Appointments of the Chairperson and two other commissioners and 

members shall be for a period of four (4) years. The initial terms may 

be staggered. The Chairperson and all commissioners may be 

reappointed for successive terms at the discretion of the Tribal 

Council. 

3. No person shall be appointed to the tribal Gaming Commission 

unless, after reviewing that person's prior activities, criminal record, 

reputation, habits and associations, the tribal Council is satisfied that 

such person: 

a. is of good character, honesty, and integrity; 

b. Does not pose a threat to the public interest of the Tribe or its 

members or to the effective regulation of gaming; 

c. Does not create or enhance dangers of unsuitable, unfair or 

illegal practices in the conduct of gaming or the carrying on 

of the business and financial arrangements incidental 

thereto; and 

d. Has no interest in any private gaming activity on the Te-Moak 

Tribe of Western Shoshone Colonies/Reservation lands or in 

any ofher activity that may be in conflict with the tribal 

gaming operations. 

4. No person may serve on the Commission if: 

a. The person's other employment or responsibilities conflict or could 

potentially conflict with the duties and responsibilities create an 

impression or appearance of impropriety in the fulfillment of the 

duties and responsibilities of a Commissioner; 

b. The person is an employee of a Gaming Operation or the person's 

other employment or responsibilities create an impression or 

appearance of impropriety in the fulfillment of the duties and 

responsibilities of a Commissioner' 

c. The person is a: 

(i) Member or officer of the Tribal Council; 

(ii) Judge in any Tribal Court/CFR Court; or 

(iii) Felon. 
Commissioners may not gamble in any gaming Establishment on the 

Reservation. No Commissioner may accept gratuities or any other thing of 

value from any License or Applicant. 

The Chairman and the Commission members may be removed for cause, 

after written notice and an adequate opportunity to be heard by the 

Tribal Council. 

1. The Gaming Commission shall administer the provisions of this 

Ordinance and shall have all powers necessary therefore. 

2. In exercise of its duties, the Commission shall: 

a. Promulgate such rules and regulations as may be necessary 

and desirable for the proper implementation of this 

Ordinance; 

b. Identify and define the rules of play for each Class I1 and 

Class Ill game permitted; 

c. License, supervise, inspect and oversee all gaming activities 

and persons employed in gaming activities conducted on 

lndian lands; 

d. Conduct or contract with other government agencies or 

private entities to conduct background investigations; 

e. Carry on a continuous study and investigation of Class I1 and 

Class Ill gaming on Indian lands for the purpose of: 

(i) Ascertaining any defects in abuses of the standards 

and regulations in this Ordinance or applicable rules 

and regulations; 

(ii) Formulating recommendations for changes in the 

standards and regulations in this Ordinance or 

applicable rules andregulations; 

(iii) Preventing abuses and evasions of the standards and 

regulations prescribed by this Ordinance and 

applicable rules; 
f. Report to the Tribal Council on any matters related to gaming 

that is deemed by the Tribal Gaming Commission to 

constitute an emergency requiring immediate action: 

g. Take any action it deems necessary and appropriate for 

violation(s) of this Ordinance or of applicable rules and/or 

regulations, prosecution, referral for prosecution, or civil suit; 

h. Subject to the approval of the Tribal Council, employ such 

persons as are necessary to carry out the specific and 

general powen and duties of the Commission; and 

i. Prepare and submit an annual budget to the Tribal Council 

for approval in accordance with the Tribe's standard 

practice for approving the budgets of other tribal agencies. 

3. The Commission shall have the authority to subpoena witnesses and 

documents, conduct administrative hearings, and assess civil fines 

or penalties upon persons who violate the provisions of this 

Ordinance, any provision of the Compact, or any provisions of 

IGRA, provided that such person shall be given adequate notice 

and an opportunity to be heard before the Commission. 

a. Any person assessed a fine or penalty under this section shall 

have the right to an administrative appeal to the Tribal Court, 

provided that a written complaint seeking review of the 

Commission's decision is filed with the Tribal CFR Court within 

thirty (30) days of the Commission's decision. If a timely 

complaint is not filed, then the Commission's decision 

imposing the fine or penalty shall be final and not subject to 

further review. The Tribal CFR Court shall, however, have 

jurisdiction to enforce any assessed fine or penalty imposed 

by the Commission. In the event a timely complaint seeking 

review the Commission's decision in accordance with the 

requirements of Section 15.E of the Ordinance. 

b. Any person or entity engaging in or conducting gaming on 

Tribal lands is thereby deemed to have consented to the 

jurisdiction of the Tribal CFR Court. 

D. Commission Record-Kee~ing 

1. The Commission shall maintain complete records regarding the 

following: 
a. applications, financial statements, fingerprints, contracts, 

Licenses, suspension and cancellation notices and 

correspondences of all Applicants. including management 

contractors, Key Employees, Primary Management Officials, 

Gaming Establishments and Gaming Device suppliers; 

b. Meeting minutes from all Commission meetings; 

c. Compact compliance; 

d. Reports relating to customer disputes, complaints or other 

issues that affect the integrity of the gaming operation; 

e. Commission budget and expenditures; 

f. Council communications and correspondence; 

g. Any other records or documents the Commission deems 

necessary or appropriate; and 

h. Records shall be kept for a minimum of three years. 

E. Reports. 

1. Unless otherwise authorized by the Council, the Commission shall 

make monthly reports to the Council within thirty (30) days after the 

end of each month. Such reports shall contain the following 

information: 

a. Number and types of Licenses issued during the previous 

thirty-day period; 

b. Information regarding License denials, suspensions or 

revocations; 

c. Report of any events of non-compliance, breach or violations 

of this Ordinance, the Compact, IGRA, a License or any other 

law or regulation: provided, however, that these reports are 

not the subject of or relating to a pending investigation of the 

Commission, or hearing before the Commission; 

d. A report of Commission expenditures for the prior thirty-day 

period; 

15 
e. A summary of any Commission travel and training; 

f. The number of and purpose for any special Commission 

meeting(s1; and 

g. All other information that the Commission deems relevant in 

order to keep the Council informed and current on all 

gaming matters. 

Nothing in this section shall authorize or permit the Commission to provide 

the Tribal Council with any information pertaining to a pending 

investigation of the Commission, or hearing before the Commission. All 

such information shall be kept confidential. 

F. Regulation of Patron Disputes. 

1. The commission shall promulgate necessary regulations in order to 

resolve any disputes which arise in connection with lawful gaming 

activities conducted pursuant to the Tribal Gaming Ordinance 

between the gaming public and the Tribe or its employees or 

management contractors. The commission's regulations shall 

comply with the following minimum standards: 

a. Any disputes that arise between the gaming public and the 

Tribe or its management contractors must go before the Tribal 

Gaming Commission, which shall convene and hold a 

hearing within thirty (30) days of receiving notice of the 

dispute. 

b. The Tribal Gaming Commission shall issue a written decision 

within thirty (30) days after the conclusion of the hearing, and 

shall grant or deny such relief as a legally and equitably due, 

provided that the Tribal Gaming Commission shall have no 

authority unless such relief is specifically authorized by a 

separate resolution of the Tribal Council. 

c. Any decision of the Tribal Gaming Commission may be 

appealed to the Tribal Court utilizing the same procedures set 

forth in section 15.E of this Ordinance. 

d. Nothing in this section shall be construed as a waiver of the 

sovereign immunity of the Tribe or the Tribal Gaming 

Commission, or any subordinate economic enterprise 
created by the Tribe to operate a Tribal gaming facility. Any 

relief awarded by the Tribal Gaming Commission pursuant to 

this section shall be limited to equitable relief. The Tribal 

Gaming Commission shall have no authority to grant 

monetary relief against any tribally owned gaming facility, 

unless such relief is authorized by a separate resolution of the 

Tribal Council after review of the Tribal Gaming Commission's 

decision by the Tribal Council. 

The Chairperson, Commission members, and Commission employees may 

be compensated, provided that the terms and conditions of such 

compensation shall be set by the Tribal Council. 

Section 11. Gamina Facilities Licensina and Audits. 

A. Authority to License, 

1. Subject to the approval of the Tribal Council in section 5, the Tribal 

Gaming Commission shall have the authority to license and 

regulate any Class ll and Class Ill gaming operations on the TeMoak Tribe of Western Shoshone Tribal lands consistent with the 

terms of the Ordinance. The licensing and regulation of Class Ill 

gaming shall also be consistent with the terms of this Compact. 

2. Class I gaming shall not be regulated by this Ordinance; no 

licensing shall be required for Class I gaming. 

B. Tv~es of Licenses to be Issued, 

1. The Tribal Gaming Commission shall issue licenses for gaming on TeMoak Tribe of Western Shoshone Tribal lands to the following: 

a. Any Class II or Class Ill tribal gaming facility; 

b. Any Class II or Class Ill non-tribal gaming facility; 

c. Any management contractor; and 

d. Any other license required by the IGRA and/or the Compact. 

2. Licenses shall be issued for Class II or Class ill gaming, and shall 

indicate the type and class of license on the fact of the license. A 

17 
combined Class II and Class Ill license may be issued of 

appropriate. 

Section 12. Licenses Fees and Taxes. 

A. Any person or entity applying for a Tribal gaming license pursuant to this 

Ordinance (hereafter referred to as "Applicant") shall submit with his or 

her application an application fee of $1,500.00 plus the annual renewal 

fee prescribed by subsection C, provided, that persons applying for a 

license to operate 20 fewer slot machines shall not be required to pay an 

application or renewal fee. The commission may waive fees in its 

discretion when a License Applicant demonstrates an inability to pay a 

fee. The Tribe shall not be subject to the license fee or any other fee 

imposed by this Ordinance. 

B. In addition to the application fee prescribed in subsection A, any 

Applicant for a class II or Class Ill gaming license shall also pay for the 

costs of all background investigations conducted by the NIGC, or the 

Tribal gaming commission or its authorized delegate. An Applicant for a 

Class Ill gaming license shall also be required to pay any costs incurred by 

the tribe for obtaining the necessary background investigations and 

approval of all gaming employees, key employees and other persons 

subject to review by the State of Nevada under the Compact. 

C. A Licensee shall, at least sixty (60) days prior to the expiration of his or her 

License apply for renewal, as required by the Tribal gaming Commission, 

and shall submit with the application for renewal a renewal fee of $500.00. 

D. In addition to the fees prescribed in this section, any person or entity 

licenses to conduct Class II or Class Ill gaming shall pay all applicable 

taxes and fees imposed by the Te-Moak Tribe of Western Shoshone Tribal 

Tax Code, including but not limited to all applicable gaming taxes and 

licensing fees imposed. 

E. The failure to pay any fee or tax prescribed by this Ordinance or any other 

provision of federal or tribal law shall be grounds for the denial, suspension 

or revocation of a gaming license by the Tribal Gaming Commission, 

provided that after a License is initially approved if shall not be suspended 

or revoked by the Commission without first according the License prior 

notice and an opportunity to be heard. 

F. Any Applicant for a License or permit from the Commission shall have the 

continuing duty to keep the information in their application updated, to 

provide materials, assistance or other information required by the 

18 
Commission, and to fully cooperate in any investigation conducted by or 

on behalf of the Commission. Applicants must immediately notify the 

Commission in the event of a change or addition to any information 

submitted with an application. 

G. The assignment or transfer of any License or permit granted under this 

Ordinance is prohibited without the prior consent of the Commission and 

a finding that the assigneeltransferee is independently qualified to have a 

License or permit under this Ordinance. 

H. The issuance of a License under this Ordinance does not create a 

property interest in such License for the benefit of the Licensee. The 

opportunity for an Applicant or Licensee to be involved in gaming on the 

Reservation is a privilege, not a right. 

Section 13. Gamina Facility License, Effectinre Period and Place. 

A. Period. Tribal gaming licenses shall be valid and effective for a period of 

one year from the date of issue, unless sooner suspended or revoked for 

cause after notice and hearing, pursuant to this Ordinance. The effective 

date and period shall be stated on the face of the license. 

8. Place. A tribal gaming license is required for each placelfacility or 

location on Indian land where gaming occurs. 

Sectionl4. Primary Manaaement Officials, Kev and Other Employees. 

A. Work Permits for All aamina Emplovees at Tribal Class Ill aamina Facilities. 

1. The Tribal Gaming Commission shall issue work permits to all gaming 

employees employed at a Tribal Class Ill gaming facility in 

accordance with the requirements of a Compact. No person may 

be employed as a gaming employee who is determined by the 

tribal gaming Commission, the Nevada gaming Commission, or 

State Gaming Control Board to be a person who would be 

unsuitable to hold or retain a Nevada work permit in a similarity 

situated non-tribal gaming operation, Applications for work permits 

shall be processes in accordance with Article IV of the Compact. 

The requirements of this subsection shall apply only to tribal class Ill 

gaming facilities. 
0. Prlmarv Management Offlclals and Kev Emdovees. License Reauirements. 

1. No primary management official or key employee may be 

associated with a class II or Class Ill tribal gaming operation unless 

such person has obtained a License from the Tribal Gaming 

Commission. Prior to issuing a License to such person, the Tribal 

Gaming Commission shall conduct, or cause to be conducted, a 

background investigation that meets the requirements of this 

ordinance and applicable federal law. Applicants shall pay all fees 

required by the IGRA and this Ordinance. 

2. A license shall not be granted unless the Tribal Gaming Commission 

has reviewed the results of the background investigation and is 

satisfied that the Applicant: 

a. Is of good character, honesty, and integrity; 

b. Does not pose a threat to the public interest of the Tribe or its 

members or to the effective regulation of gaming; 

c. Does not create or enhance dangers of unsuitable, unfair, or 

illegal practices in the conduct of gaming or the carrying on 

of the business and financial arrangements incidental 

thereto; and 

d. Is in all other respects qualified to be licenses of found 

suitable consistent with the declared policy of the Te-Moak 

Tribe of Western Shoshone. 

3. An application for a license constitutes a request for a 

determination of the Applicant's general character, integrity and 

ability to participate or engage in, or be associated with gaming. 

Any written or oral statement made in the course of an official 

proceeding of the Tribal Gaming Commission or The National Indian 

Gaming Commission by any member thereof or any witness 

testifying under oath that is relevant to the purpose of the 

proceeding is absolutely privileged and does not impose liability 

constituting a ground for recovery in any civil action. 

4. Neither this subsection nor subsections C-G Shall apply to gaming 

employees who are subject to the work permit requirements of 

Section 14.A. 
C. Prlmary Manaqement OMcials and Kev Em~lovees: Llcense ADDll~ati~n, 

Notices, 

1. The Commission shall require that primary management officials 

and key employees fill out an application form and pay a 

processing fee designated by the Commission, which fee shall not 

exceed $1,500.00 per Applicant. 

2. Required Notices to Applicants: To the extent an application is 

subject to review by the National lndian Gaming Commission 

pursuant to the IGRA or the regulations of the National lndian 

gaming Commission, the application form shall provide the 

following notices: 

a. Privacv Notice: 

In compliance with the Privacy Act of 1974, the following 

information is provided: Solicitation of the information on this 

form is authorized by 25 U.S.C. §!j2701-2721. The purpose of 

the requested information is to determine the eligibility of 

individuals fo be employed in a gaming operation. The 

information will be used by National lndian gaming 

commission members and staff 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 

pursuant to a requirement by a tribe or the National lndian 

Gaming Commission in connection with the hiring or firing of 

an employee, the issuance or revocation of a gaming 

license, or constituent band or a gaming operation. The Tribe 

cannot hire a person in a primary management official or key 

employee position unless the person consents to the 

disclosures indicated in this notice. 

The disclosure of a person's Social Security Number [SSN) is 

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

in processing an application. 

b. Notice Reaardina False Statements, 

A false statement on any part of an application may be 

grounds for not hiring a person, or for firing a person after 
work begins. Also, false statements may be punishable by fine 

or imprisonment (U.S. Code, Title 18, Section 1001). 

c. All applicants shall sign an acknowledgement of receipt and 

reading of the Privacy Notice and the Notice Regarding False 

Statements, which shall be placed on the same page 

immediately following the Notice. 

d. To the extent any key employee or primary management 

official has not received the notice required by this 

subsection, the Gaming Commission shall notify in writing all 

such key employees and primary management officials that 

they shall either: 

(i) complete a new application that contains the required 

types of notice: or 

(ii) sign a statement that contains the notices and thereby 

consent to the routine uses described in said notices. 

3. In addition to the requirements of subsection 2, the application form 

for both Class II and Class Ill gaming applications shall require, at a 

minimum, the following information: 

a. The Applicant's full name, other names uses (oral or written), 

social securiiy numberls), birth date, place of birth, 

citizenship, gender, all languages spoken or written; 

b. Currently and for the previous five (5) years, a list of all 

business and employment positions held, all businesses in 

which the applicant has an ownership interest, and all 

business and residence addresses during that period; 

c. Currently and for the previous five (5) years, disclosure of all 

drivers' license numbers ever assigned to the Applicant, and 

the state by which they were assigned: 

d. The names and current addresses of at least three personal 

references, including at least one personal reference who 

was acquainted with the Applicant during each period of 

residence listed under subsection 3.b of this subsection; 

e. Current business and residence telephone numbers; 
A description of any existing and previous business 

relationships with Indian Tribes, including ownership interests in 

those businesses; 

A description of any existing and previous business 

relationships with the gaming industry generally, including 

ownership interest in those businesses; 

The name and address of any licensing or regulatory agency 

with which the person has filed an application for a license or 

permit was granted; 

For each felony for which there is an ongoing prosecution or 

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

involved, and the date and disposition of the charge; 

For each misdemeanor conviction or ongoing misdemeanor 

prosecution within ten (10) years of the date of the 

application (excluding minor traffic violations), the name and 

address of the court involved, and the date and disposition of 

the charge; 

For each criminal charge (excluding minor traffic violations), 

whether or not there is a conviction, if such criminal charge is 

within 10 years of the date of the application and is not 

otherwise listed pursuant to subsection 3.i or 3.j of this section, 

the name and address of the court involved, the date of the 

offence, a short description of the charge, and the 

disposition; 

The name and address of any licensing or regulatory agency 

with which the applicant has filed an application for an 

occupational license or permit, whether or not such license or 

permit was granted; 

A current photograph 

Fingerprints consistent with procedures adopted by the 

BIAITribal Police or the Commission consistent with 25 C.F.R. 

§522.2(h). Fingerprints shall be taken by the BIA/Tribal Police, 

or the State Police of the state in which the applicant resides, 

and shall be sent by the agency taking the fingerprints to the 

Federal Bureau of Investigation national Criminal Information 

Center for a criminal history check. The Commission may also 
submit an Applicant's fingerprint card to any tribal, local or 

state criminal history check center or system as the 

commission deems necessary or appropriate. Reports 

obtained from such fingerprint checks shall be incorporated 

in the Applicant's file. 

o. For Class Ill gaming applicants, any additional information 

required by the Compact; 

p. Any other information required by the NIGC, or which the 

Tribal Gaming Commission deems relevant. 

D. Primary Manaaement Officials and Kev Emdovees: Backaround 

Investiaation: Re~ort. 

1. The Commission shall conduct, or cause to be conducted by an 

investigator appointed by it, a background investigation for each 

primary management official and key employee. In conducting a 

background investigation, the Commission or its agent shall promise 

to keep confidential the identity of each person interviewed in the 

course of the investigation. The Commission or its investigator shall, 

at a minimum: 

a. Verify all information on the application; 

b. To the extent deemed, interview or obtain references from 

current and prior employers' and immediate supervisors for 

the preceding five (5) years: 

c. To the extent deemed necessary, interview any or all personal 

references; 

d. Obtain a criminal history record; and 

e. Interview the applicant. 

2. The investigator shall make a written report of the investigation to 

the Commission, including therein the steps taken in conducting the 

investigation, the names, addresses and relationship to the 

applicant of any persons interviewed, the information obtained 

from each person interviewed regarding the Applicant's reputation, 

habits and associations, the apparent candidness (or lack thereof) 

of the persons interviewed, and any other information garnered or 

learned about the Applicant and the source of the information, 
and shall particularly identify all potential problem areas and 

sources of the information. 

E. Eliaibilitv Determination. 

1. The Commission shall review the report and any additional 

information known to it, taking into account the Applicant's prior 

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

associations, and shall make a determination concerning the 

eligibility for employment in a gaming operation. If the Commission 

determines that employment of the person poses a threat to the 

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

enhances dangers of unsuitable, unfair, or illegal practices and 

methods and activities in the conduct of gaming, a tribal gaming 

operation shall not employ that person in a key employee or 

primary management official position. 

F. Procedures for Forwardina A~~lications and Re~orts for Kev Emdoveeg 

and Primaw Management Officials to fhe National lndian aarning 

Commission: Issuance of Tem~oraw Licenses. 

1. If the Commission determines that an Applicant is eligible for a 

license, it may issue a temporary license if it determines that the 

applicant must start work immediately, pending a review of the 

applicant's eligibility by the National lndian Gaming Commission 

and/or by the State of Nevada under the Compact, as.applicable. 

Within ten (10) days of the issuance of a temporary license or upon 

a determination of eligibility, whichever occurs first, the Tribal 

Gaming Commission shall forward copies of the Applicant's 

employment/license application, and background investigation 

report and related information to the National lndian Gaming 

Commission, and to the State of Nevada if required under the 

Compact. 

2. In addition to the determination required in subsection F.1, the Tribal 

Gaming Commission shall prepare and forward to the National 

lndian Gaming Commission, and to the state of required under the 

Compact, an investigation report on each background 

investigation. An investigative report shall include all of the 

following: 

a. Steps taken in conducting a background investigation; 

b. Results obtained; 
c. Conclusions reached; and 

d. The bases for those conclusions. 

The Tribal Gaming Commission shall submit, with the report, a copy 

of the eligibility determination made under this section. 

3. If a temporary license is not issued to an applicant or if the 

Commission determines an applicant is not eligible for a license, the 

Tribal Gaming Commission: 

a. Shall notify the National lndian Gaming Commission, and the 

State if required by the Compact; and 

b. May forward copies of its eligibility determination and 

investigative report (if any) to the National lndian Gaming 

Commission for inclusion in the lndian Gaming Individuals 

Record System. 

4. With respect to key employees and primary management officials, 

the Tribal Gaming Commission shall retain applications for 

employment and reports (if any) of background investigations for 

inspection by the Chairman of the National lndian Gaming 

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

the date of termination of employment. 

G. Granting a Gaming License. 

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

Commission receives the information required in subsection F, the 

National lndian Gaming Commission notifies the Tribe that it has no 

objection to the issuance of a permanent license to the applicant, 

and the Tribal Gaming Commission may issue a permanent license 

to such applicant. 

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

additional information from the Chairperson of the National lndian 

Gaming Commission concerning a key employee or a primary 

management official who is the subject of a report. Such a request 

shall suspend the 30-day period under paragraph G.l of this section 

until the Chairperson of the National lndian Gaming Commission 

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

Indian Gaming Commission provide the Tribe with a statement 

itemizing objections to the issuance of a license to a key employee 

or to a primary management official for whom the Tribe has 

provided an application and investigative report to the National 

lndian Gaming Commission, the Tribal Gaming Commission shall 

make the final decision whether to issue a license to such applicant. 

4. Notwithstanding any provision herein to the contrary, to the extent 

the Tribal Gaming Commission is required by the compact to 

submit relevant background and licensing information for Class Ill 

gaming applicants to the State, the Tribal Gaming Commission may 

not issue a permanent license until after the applicable 

requirements of the Compact are met. 

H. Requirements Applicable to all Employees. 

1. No person shall be employed by a tribal gaming enterprise 

operated on the Te-Moak Tribal lands who is under the age 18, 

expect that, no person shall be employed as a primary 

management official or key employee who in under the age of 21. 

2. No person shall be employed as a primary management official or 

key employee in a Class I1 or Class Ill gaming activity who has not 

first applied for and obtained a tribal gaming license pursuant to 

this Ordinance and, for Class Ill gaming, in compliance with the 

terms and conditions of the Compact. 

3. Every person employed at a Tribal gaming facility operated on TeMoak Tribal lands shall wear an identification badge during work 

hours that conspicuously states his or her full name, title, and place 

of employment. 

Sectlon 15. License Sus~ension and Revocafion. 

A. If, after the issuance of a temporary or permanent gaming license, the 

Tribal gaming Commission receives from the National lndian Gaming 

Commission, the State, or any other source reliabie information indication 

that a key employee or a primary management official is not eligible for 

employment under Section 14 above, the Tribal Gaming Commission shall 

suspend such license and shall notify the Licensee in writing of the 

suspension and the proposed revocation. 
B. The Tribal Gaming Commission shall notify the Licensee of a time and a 

place for a hearing on the proposed revocation of a license. 

C. After a revocation hearing, the Tribal Gaming Commission shall decide to 

revoke or to reinstate a gaming license. The Tribal Gaming Commission 

shall notify the National Indian Gaming Commission, and the State if 

required by the Compact, or its decision. 

D. Decisions by the Tribal Gaming Commission to suspend or revoke a 

temporary license are not appealable. 

E. Decisions by the Tribal Gaming Commission to suspend or revoke a 

permanent license may be appealed to the Tribal Court by filing an 

appropriate civil complaint within thirty (3) days of a final decision of the 

Tribal Gaming Commission. Unless a complaint is timely filed under this 

section, the Commission's decision shall be final, and the Tribal Court shall 

have no jurisdiction to review the Commission's action. If a timely 

complaint is filed, the Tribal Court shall uphold the decision of the Tribal 

Gaming Commission unless the Court determines that the Gaming 

Commission's decision is arbitrary, capricious or otherwise not in 

accordance with applicable law, in which case the Tribal Court may 

reverse, modify or vacate the decision of the gaming Commission, and 

grant such equitable relief as it deems necessary and appropriate. In no 

event shall the Tribal Court be authorized to grant any form of monetary 

relief against the Tribal Gaming Commission. Except as specifically 

authorized herein, nothing in this Ordinance shall be construed as a 

waiver of the sovereign immunity of the Tribe or the Tribal Gaming 

Commission. 

F. A copy of the Tribal Gaming Commission's decision, and if applicable the 

Tribal Court's decision, regarding the revocation of a license shall be sent 

to the NIGC, and to the State if required by the Compact. 

Section 16. Audits of Tribal Garnlna O~erations. 

A. The Tribal Gaming Commission shall cause to be conducted annually an 

independent audit of all tribal gaming operations, and shall submit the 

resulting audit reports to the National Indian Gaming Commission. 

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

services, or concessions in excess of $25,000.00 annually, except contracts 

for professional legal and accounting services, shall be specifically 

included within the scope of the audit that is described in subsection A, 

above. 
Ill. CLASS II GAMING 

Section 17. Definitions. 

A. Except as otherwise provided in this Ordinance, the Compact or the 

regulations of the NIGC, the following terms are defined as follows: 

1. "Bingo" means bingo as defined in Section 4 of this Ordinance. 

2. "Bingo Occasion" means a single session or gathering at which a 

series of successive bingo games are played. 

3. "Card Games" means non-banking card games played in 

conformity with Nevada State law regulating hours, wages and pot 

limitations. 

4. "Class II Electronic Aid" means and includes and electronic devise o 

machine that is approved by the National Indian Gaming 

Commission or a federal court for use as a Class II game pursuant to 

25 U.S.C. §2703(7). 

5. "Game Card" and "Bingo Card Game" mean a regular or special 

Bingo Card. 

6. "Lotto" means a game of chance played for prizes with cards 

bearing numbers or other designations in which the player holding 

the card covers such numbers or designations when objects similarly 

numbered or designated are drawn or otherwise randomly 

determined, in which the game is won by the first player to cover a 

pre-designated arrangement on the card. 

7. "Pull Tabs" means factory covered tickets which are purchased and 

opened by customers revealing a predetermined winning 

arrangement. 

8. "Punch Board" means a small board that has many hoes, each 

filled with a rolled up printed slip to be punched out upon payment 

of a player fee, in an effort to obtain slip that entitles the player to a 

designated prize. 

9. "Regular Bingo Card" means a board card issued to a person upon 

payment of admission fee which affords a person the opportunity to 

participate in all regular bingo games played at a bingo occasion. 
10. "Special Bingo Card" means a disposable, specially marked bingo 

card which affords a person the opportunity to participate in a 

special bingo game for special prizes, or a game card generated 

by and appearing on the screen of a computer employed by the 

gaming facility and assigned to a player for a bingo game(s). 

11. "Special Bingo Game" means any bingo game which is not a 

regular bingo game and which is played with special bingo cards 

whether or not for special prizes. 

12. "Tip Jars" means a game of change, wherein a person upon 

payment of a fee, is permitted to reach into, or tip jar containing 

printed slips, and extract one slip in an effort to obtain a slip that 

entitles the player to a designated prize. 

Section 18. Person Authorized to Conduct Class II Gamtnq. 

A. No person or entity shall own, operate or conduct a Class I1 gaming 

activity on Indian lands unless that person or entity has first received a 

license to conduct a Class II gaming activity from the Gaming 

Commission. The initial license of any Class II gaming operation must also 

be approved by the Tribal Council. 

Section 19. Ownership of Class II Gamlna Acflvitv. 

A. Except as expressly provided herein, the Te-Moak Tribe of Western 

Shoshone shall have the sole propriety interest in any Class II gaming 

operation or facility conducted on Indian lands. 

B. Notwithstanding subparagraph A above, the Tribal Gaming Commission, 

with the prior approval of the Tribal Council, may license a Class I1 gaming 

activity owned in whole or in part, by a person or entity other than the TeMoak Tribe of Western Shoshone, provided that (a) the licensing standards 

for individually owned Class II gaming shall be at least as restrictive as 

those established by State law governing similar gaming within the 

jurisdiction of the State: and (b) no license may be issued to such a person 

or entity unless the person or entity has first expressly agreed in writing on a 

form prescribed by the Tribal Gaming Commission that: 

1. The gaming activity shall be subject to the regulations prescribed in 

the section: 

2. Not less than sixty percent (60%) of the net revenues from the 

gaming activity shall be income to the Tribe; 
The person(s) who own(s) gaming activity or entity: 

a. Is (are) eligible to receive a license from the State of Nevada 

to conduct the same gaming activity on lands subject to 

State jurisdiction; and 

b. Shall pay an appropriate assessment to the National Indian 

Gaming Commission for the regulation of the gaming activity, 

as required by 25 U.S.C. 3271 7(a)(l). 

A license to own or operate a Class II gaming establishmentshall 

not be granted unless the Applicant has satisfied the Tribal Gaming 

Commission that: 

a. He has adequate business ability, confidence and 

experience in gaming, and the proposed gaming operation 

will generate new revenue for the Tribe; and 

b. The proposed financing of the operation is adequate for the 

nature of the proposed operation and from a suitable source, 

and lender or other source of money or credit that the 

Commission finds does not meet appropriate standards may 

be deemed unsuitable. 

The Tribal Gaming Commission may in its discretion grant a license 

to a corporation that has complied with the provisions of the Tribal 

Gaming Ordinance. 

The Tribal Gaming Commission may in its discretion grant a license 

to a limited partnership that has complied with the Tribal Gaming 

Ordinance. 

No person or limited partnership, except one whose. sole limited 

partner is a publicly traded corporation which has registered with 

the Tribal Gaming Commission, or business trust organization or 

other association of a quasi corporate character, is eligible to 

receive or hold any license, or be a License or operator under this 

Ordinance unless all persons having any direct or indirect interest 

therein or nay nature whatsoever, whether financial, administrative, 

policy making or supervisory are individually qualified to be licensed 

under the provisions of this chapter. 

The Tribal Gaming Commission may limit the number of persons who 

may be financially interested in any corporation or other 
organization or association licensed under this Ordinance, 

consistent with 25 U.S.C. 92700 et seq., and establish such other 

qualifications for licenses as they may, in their discretion, deem to 

be in the public interest and consistent with the declared policy of 

the Tribe and the IGRA. 

C. Income to the Tribe from the gaming activity shall only be used for the 

purposes described in Section 6 of this Ordinance. 

Section 20. Management Contracts. 

The Te-Moak Tribe of Western Shoshone may enter into a management contract 

for the operation and management of Class II tribal gaming operations. Each 

such contract must comply with the provisions of this Ordinance, other 

applicable provisions of tribal law including, but not limited to, tribal 

employment preference laws, and provisions of federal law (including, but not 

limited to 25 U.S.C. $271 1). 

Secflon 21. Games Permitted. 

A. The Tribe and/or any licenses Class II owner and operator may conduct 

any Class II games and any combination of Class II games. 

8. A schedule of the Class II games to be conducted and a description of 

prizes offered must be conspicuously posted at each entrance to the 

Class II facility each week in which games will be conducted at least 24 

hours prior to the start of the first game scheduled. 

Section 22. Bingo Game Cards. 

A. Each facility shall provide the game cards to be used for each bingo 

game conducted and each card shall be marked to indicate the issuing 

facility. 

8. Special bingo cards must be issued separately from regular bingo cards, 

and must be specially marked to indicate the particular special bingo 

game, including the date and the facility of issuance. In the case of 

computer-generated cards, the computer must be programmed to lock 

on a card at the start of the game, prior to calling of the first number or 

designated symbol, so as not to permit altering or changing of the card 

during the game and every winning card must be verified. A special 

bingo card shall be valid only for the designated game. 
Section 23. Player Limitation. 

A. The number of person permitted to play any Class II game shall be 

determined by the owner, operator or manager as is appropriate, except 

that: 

1. The number of people permitted in the facility or in any room in the 

facility shall not exceed the limitation of the number permissible 

under the applicable fire, building or other safety codes or 

standards. 

2. The number of people permitted to play any bingo game shall not 

exceed the number of seats available in the room(s) in which the 

game is being played. 

Section 24. Enfrv Prohibited. 

No person may enter any room in which a bingo game is being played unless 

the person is a player, except facility employees and persons present by 

authority of the Tribal Gaming Commission, for purposes of inspection or 

regulator/ duties. 

Section 25. Hours of O~eration: Notice to Commission. 

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

unless the Tribal Gaming Commission, by license, regulation or otherwise, 

limits the hours of operation of any Class II gaming facility. 

8. Unless notified otherwise by the Gaming Commission, each licensed Class 

II gaming facility shall have the right to operate 24 hours a day, seven 

days a week. 

IV. CLASS Ill GAMING 

Section 26. Persons Authorized to Conduct Class Ill Gaming. 

No person or entity shall conduct a Class Ill gaming activity on Indian lands 

unless that person or entity has first complied with the terms and conditions of 

the Compact and hastwkmda license to conduct a Class Ill gaming activity 

from the Tribol Gamin Commission. The initial license of any Class Ill tribal 

gaming operation lso be approved by the Tribal Council. 
Section 27. Persons Authorized to Own a Class Ill qamina O~eratlon. 

A. Except as expressly provided herein, the Te-Moak Tribe of Western 

Shoshone shall have the sole proprietary interest in any Class Ill gaming 

operation or facility. 

B. Notwithstanding subparagraph A above, the Tribal gaming Commission, 

wifh the prior approval of the Tribal Council, may license a Class Ill gaming 

facility owned in whole or in part by a person or entity other than the TeMoak Tribe of Western Shoshone Tribe, or provided that the licensing 

standards for individually owned Class Ill gaming shall comply with the 

Compact, and all other applicable provisions of federal law are satisfied. 

Any such gaming activity shall be subject to regulations prescribed by the 

Gaming Commission which shall be consistent with the Compact and 

applicable provisions of the IGRA. 

Section 28. Authorized O~eratlon. 

A. Class Ill gaming is prohibited on the Reservation unless such gaming is 

licensed and authorized pursuant to the provisions of the Compact and 

this Ordinance. 

1. Operation of Class Ill Gaming Facilities. 

a. A tribal or non-tribal gaming facility may operate Class Ill 

gaming at one or more facilities on the Te-Moak Tribe of 

Western Shoshone lands if: 

(i) the proposed facility is in compliance with the 

requirements of this Ordinance; 

(ii) the proposed facility is in compliance with the 

Compact; and 

(iii] the Class Ill gaming operation proposal complies with 

all other applicable laws and regulations. 

Section 29. Management Contracts. 

The Tribal Council may enter into a management contract for the operation 

and management of Class Ill tribal gaming activities. Each such contract must 

comply wifh the provisions of this Ordinance, fhe Compact, other applicable 

provisions of tribal law (including, but not limited to, tribal employment 
preference laws), and provisions of federal law (including, but not limited to, 25 

U.S.C. 5271 1). 

Sectlon 30. Games Permitted. 

A. Any Class Ill game or games permitted pursuant to the Compact may be 

conducted on the Reservation, subject to the restrictions and conditions 

set by the Tribal Gaming Commission. 

8. Conduct of any Class Ill game that is first legalized within the State of 

Nevada after the date of the Compact then in effect, or which 

heretofore becomes permitted on lndian lands under federal law, 

pursuant to the Compact or amendments thereto may be authorized by 

the Tribal Gaming Commission by regulation. 

Sections 31 -35 (Resewed). 

V. VIOLATIONS 

Sectlon 36. Crimes; Penalties. 

A. It shall be unlawful for any person to: 

1. Operate or participate in gaming on lndian lands in violation of the 

provisions of this Ordinance or in violation of rules and/or regulations 

promulgated pursuant to this Ordinance; 

2. Knowingly make false statement in an application for employment 

with a gaming activity or enterprise, or in an application for a 

license to operate a gaming activity or enterprise on Te-Moak Tribal 

lands; 

3. Bribe or attempt to bribe, or unduly influence or attempt to unduly 

influence, any person who licenses, operates, conducts, assists, or is 

otherwise employed in a gaming activity or enterprise located on 

Te-Moak Tribal lands; or 

4. Violate any other provisions of tribal law, applicable state or federal 

law on the premises of any gaming facility. 

8. Any lndian who violates a provision of this Ordinance or of other tribal law 

relating to gaming activities may be fined not more than $1,000.00 and/or 

imprisoned for up to one (1) year for each violation. A separate violation 

occurs on each day that a violation arises or continues. Any non-Indian 

35 
who violates a provision of this Ordinance shall be subject to a civil fine, 

and may be excluded from the Indian lands within the jurisdiction of the 

Te-Moak Tribe of Western Shoshone. 

C. Any property used in the commission of a violation or a provision of this 

Ordinance may be seized by the Tribal Gaming Commission or their 

agents. The owner of the property shall be afforded an opportunity to 

object and be heard in accordance with principles of due process. If no 

objection is raised or the objection is not sustained. the Tribe may dispose 

of the seized property. 

Section 37. Civil Penalties. 

A. Any person or entity who violates any term or condition of any license 

issued pursuant to this Ordinance may be assessed a civil penalty by the 

Tribal Court in a civil action filed by the Tribal Gaming Commission or Tribal 

prosecutor. Each violation shall be treated separately and may be 

assessed as a separate violation. 

B. Civil penalties provided for in this section may be imposed in addition to 

the criminal penalties for in Section 34 above. 

VI. VALIDITY OF ORDINANCE 

Section 38. Severabillty. 

A. If any provision or provisions in this Ordinance are held invalid by a court 

of competent jurisdiction, this Ordinance shall continue in effect as if the 

invalid provision(s) were not a part hereof. 

0. if any provision of this Ordinance is inconsistent with any provision of the 

Compact, the terms of the Compact shall control. 

Section 39. Effective Date of Ordinance. 

This Ordinance shall take effect upon adoption of the Tribal council and 

approval by the NlGC pursuant to the IGRA and regulations applicable 

thereunder. Any and all prior ordinance regulating gaming on Tribal lands are 

repealed as of the date this Ordinance takes effect. 
I, the undersigned, as Chairman of the Tribal Council of the Te-Moak Tribe of 

Western Shoshone Indians of Nevada, do hereby certify that the Tribal Council Is 

composed of 2 members, of whom 9 constituting a quorum were present at a 

duly held meeting on danuarv 7. 2009 and that the foregoing Ordinance was 

duly adopted at such meeting by an affirmative vote of 6 FOR Q AGAINSt; Q 

ABSTENTION, pursuant to the authority contained under Article 4, Section 3(n) of 

the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada. 

AllEST: 

Patricia G. Stevens, Recording Secretary 

Te-Moak Tribal Council