Division 2 - Business
Subsection - Gaming
The Redding Rancheria Indian Tribe, a federally recognized Indian Tribe ("Tribe")
hereby enacts the following Ordinance to regulate gaming activity for the tribe
and to establish the Redding Rancheria Gaming Commission. The Ordinance was
originally enacted on December 30, 1989. The Ordinance, shall be known as the
"GAMING ORDINANCE 2000". This Ordinance revokes any prior Gaming Ordinances,
this Ordinance and any regulations promulgated thereunder shall constitute the
entire gaming regulations for the Tribe.
Findings and Policy
Under Article V(l)Q) of the Constitution of the Redding Rancheria, the Tribal Council has the authority to incorporate into the Gaming Ordinance adopted by the General Membership the detailed procedures required by the Commission. It is in the public interest and will promote the general welfare of the Tribe to adopt a gaming ordinance that includes detailed procedures for investigating and licensing key employees and management officials and resolving gaming disputes. Therefore the Tribe amends the Gaming Ordinance adopted originally on December 30, 1989, subsequently amended on November 10, 1993, and October 1, 1998, and on August 12, 1999 to the following Ordinance adopted on June 13, 2000.
The Tribe finds that:
1. On December 30, 1989, the General Membership of the Redding Rancheria adopted the Redding Rancheria Gaming Ordinance which provided generally for the key provisions regulating gaming on the Redding Rancheria.
2. The November 10, 1993 amendment to the Redding Rancheria
Gaming Ordinance adopted by the General Membership provided for detailed procedures
for investigating and licensing key employees and management officials and resolving
gaming disputes. The Tribe now determines that a Gaming Commission called the
"Redding Rancheria Gaming Commission" will be created to insure that the detailed
procedures will be followed and any other functions that are outlined in this
Ordinance.
3. The Tribe reinforces the idea that gaming on the Reservation is a valuable
means of generating revenues that are needed for economic development, to promote
tribal self-sufficiency, economic development, employment, job training, and
a strong tribal government, and to fund and ensure essential social programs
and services;
4. The Tribe finds it of utmost importance to conduct certain forms of gaming
to provide needed revenues to the Tribe. The Tribe feels that the integrity
of the Tribe and the games it offers shall be regulated and controlled in such
a manner that will protect: the Reservation, the environment, and the health,
security, and general welfare of the Tribe, it's members, the patrons, the employees,
and the community; and
5. The Tribe desires to own all gaming on tribal lands, and to manage and regulate
such gaming in a manner that will adequately address such special interests
and needs of the Tribe.
NOW, THEREFORE, Tribal Council of the Redding Rancheria hereby ordains as follows:
Chapters
Chapter 1. Purpose.
The purpose of this Ordinance is to establish regulations for gaming on the
reservation and establish the Redding Rancheria Gaming Commission that will
ensure the regulation of all gaming activity that the Tribe conducts.
Chapter 2. General Provisions
§2000. Short title. This ordinance shall be known cite as
the "Redding Rancheria Gaming Ordinance..
§2050. Purpose. The purpose of this ordinance is to regulate
Class I, II and III gaming
on the reservation and establish Redding Rancheria Gaming Commission.
§2100 Sovereign immunity preserved. Nothing in this ordinance
is intended or shall be construed as a waiver of the sovereign immunity of the
Tribe. No officer or employee of Redding Rancheria is authorized nor shall he/she
attempt to waive the immunity of the Tribe under the provisions of this ordinance
unless such officer or employee has an expressed and explicitly written authorization
from the Council.
§2150. Applicability within the reservation. This ordinance
shall apply to all persons and gaming within the boundaries of the Tribe and
any other land outside the boundaries of the reservation that the Tribe may
acquire by Federal Law for the purposes of Gaming.
§2200. Interpretation and findings. The Redding Rancheria Tribal
Council may interpret any ambiguities contained in this ordinance.
§2250. Conflicting provisions. Whenever any conflict occurs
between the provisions of this ordinance or the provisions of any other ordinance
of the Tribe, the stricter of such provisions shall apply.
Chapter 3. Definitions.
In construing the provisions of this Ordinance, the following words or phrases shall have the meaning designated unless a different meaning is expressly provided or the context clearly indicates otherwise.
Unless specified otherwise, terms used herein shall have the same meaning as in IGRA, including but not limited to references to "Net Revenue, "Class I," "Class II," and
"Class III" gaming, and except for references to " Commissioners", "Commission", or "Gaming Commission" which shall mean the Redding Rancheria Gaming Commission or its Commissioners, established and described herein.
§3000. "Closely Associated Independent Contractor" shall mean any contractor
that shares common ownership, officers or directors with any management principal
or person related thereto.
§3050. "Gaming" shall mean an activity in which a person stakes or
risks something of value on the outcome of a contest of chance or a future contingent
event, not under his or her control or influence, upon an agreement or understanding
that the person, or someone else, will receive something of value in the event
of a certain outcome, but shall not include bona fide business transactions.
§3100. "Gaming Activities" shall mean any Class I, Class II, or Class
III gaming activity conducted by or under the jurisdiction of the Tribe.
I. "Class 1 Gaming" means social games solely for prizes of minimal value or traditional forms of Indian gaming as part of Tribal ceremonies or celebrations.
II. "Class 2 Gaming" means:
(1) The games of chance known as bingo or lotto whether or not electronic, computer, or other technological aids are used in connection therewith, which are played for prizes, including monetary prizes, with cards bearing numbers or other designations, when objects, similarly numbered or designated, are drawn or electronically determined and the game is won by the first person covering a previously designated arrangement of numbers or designations on such cards;
(2) If played in the same location as bingo, pull-tabs, punch board, tip jars, instant bingo, and other games similar to bingo;
(3) Nonbanking card games that are:
i. Explicitly authorized by the laws of the State; or
ii. Not explicitly prohibited by the laws of the State and played at any location in the State, but only if such card games are played in conformity with laws and regulations of the State regarding hours or periods of operation of such card games or limitations on wagers or pot sizes in such card games;
(4) Class 2 gaming does not include baccarat, blackjack, or electronic or electromechanical facsimiles of any game of chance or slot machines of any kind.
III. "Class III Gaming" means all forms of gaming that are not Class 1 gaming or Class 2 gaming.
§3150. "Gaming Commission" shall mean the Redding Rancheria Gaming Commission, as established herein to monitor the Gaming activities, investigate wrongdoing, conduct background investigations, issue licenses, and perform other duties as required for the regulation of Gaming on the Rancheria.
§3200. "Gaming Contractor" shall mean any person or entity that supplies
gaming devices or other gaming equipment, personnel, or services (including
gaming management or consulting services) to any gaming activity or enterprise.
§3250. "General Membership" shall mean the governing body of the
Tribe as set forth in the Redding Rancheria Constitution.
§3300. "Key Employee" means:
(1) A person who performs one or more of the following functions:
(a) Bingo Caller;
(b) Money Room Supervisor;
(c) Security Supervisor;
(d) Floor Supervisor/Manager
(e) Custodian of Gaming Supplies or Cash;
(f) Card Table Supervisor/Manager;
(g) Pit Boss;
(h) Dealer;
(i) Croupier;
(j) Approver of Credit; or
(k) Custodian of gambling devices including persons with access to cash and accounting records;(2) If not otherwise included, the four most highly compensated persons in the gaming operation; or
(3) If not otherwise included, any other person employed in the gaming facility whose total compensation is in excess of$50,000 per year;
At the discretion of the Gaming Commission, other positions or persons may be included as a key employee and subject to the same requirements.
§3350. "National Indian Gaming Commission" ("NIGC") shall
mean the commission established under IGRA.
§3400. "Person" shall mean any natural person or entity, including
but not limited to corporations, partnerships and trusts.
§3450. " Primary Management Official" means:
- The person having management responsibility for a management contract;
- Any person who has authority:
- to hire and fire employees;
- to set up working policy for the Gaming Enterprise;
- the Financial officer or other person who has financial management responsibility.
At the discretion of the Gaming Commission, other positions or persons may be included under and subject to the requirements for primary management officials.
§3500. "Related to" shall refer to persons who are related as a
father, mother, sister, brother, son or daughter.
§3550. "Reservation or Rancheria" shall mean the particular 30.89
acres known as the Redding Rancheria located within Shasta County or any lands
outside the boundaries of the reservation that the Tribe may acquire by Federal
Law.
§3600. "State" shall mean the State of California.
§3650. "Tribal Council" shall mean the governing body of the Redding
Rancheria as established by Article IV of the Constitution of the Redding Rancheria,
adopted on January 6, 1986.
§3700. "Tribal Court" shall mean any court established by the Tribe
to hear disputes or, if there is none, the Tribal Council.
§3750. "Tribal Member" shall mean any duly enrolled member of the
Redding Rancheria.
Chapter 4. Ownership of Gaming.
§4000. Ownership of Gaming. The Redding Rancheria shall have
the sole proprietary interest in and responsibility for the conduct of any gaming
operation authorized by this Ordinance, except to the extent the Tribe may contract
with and license a person or entity to own, operate or manage the enterprise
pursuant to the provisions of IGRA and regulations promulgated thereunder, or
as otherwise permitted by law
Chapter 5. Reserved.
Chapter 6. Establishment of Gaming Commission
§6000. Establishment of Gaming Commission Office. The Tribe
hereby establishes the Commission Office, acting under the authority of the
Tribe, to be known as the Redding Rancheria Gaming Commission. The Gaming Commission
Office shall be composed not more than (5) five Commissioners and (10) ten staff
persons. The voting members of the Gaming Commission will consist of Gaming
Commissioners only. The Gaming Commissioners and staff persons will be hired
in accordance with the Redding Rancheria Tribal hiring policies and procedures.
The Gaming Commission will act as a regulatory body for the Tribal Council and
is therefore established by the Tribal Council.
§6050. Certification. In order that the Tribal Council be apprised
of the make-up of the Gaming Commission Office. The Gaming Commission will certify
by resolution form passed by the Gaming Commission the make-up of the voting
members of the Gaming Commission. This is for informational purposes only. The
Tribal Council may not disapprove of any appointments to the Gaming Commission
if the policies have been followed in the appointment of the person to the Gaming
Commission.
§6050. Disqualifications for Office. The following persons may
not serve as
Commissioners:
§6100. Removal from Office: Commissioners will serve an initial
6 months probationary period at the end of which they will be reviewed by the
Tribal Council. During this probationary period Commissioners may be removed
pursuant to the Tribal Personnel Policies. After the six month probationary
Commissioners may be removed pursuant to the Tribal Personnel Policies. Commissioners
may also be removed from office by the General Membership for neglect of duty,
malfeasance or other good cause shown by the same procedures as removing a Tribal
Councilor outlined in the Redding Rancheria Constitution.
§6150. Quorum: A majority of the current number of Commissioners
shall constitute a quorum.
§6200. Officers and Duties: The Gaming Commissioners shall
select, by majority vote, a Chairperson, Vice-Chairperson and Secretary. The
Chairperson shall preside over meetings of the Gaming Commission and the Vice-Chairperson
shall preside in absence of the Chairperson. The Secretary shall record in writing
the minutes of all Gaming Commission meetings and all official actions taken
by the Gaming Commission.
§6250. Voting: All actions of the Gaming Commission shall
be taken by majority vote of the voting Commissioners. The Commission Chairperson
may vote on any issue. In the event of a tie vote, the Tribal Chairperson shall
break the tie. All official actions of the Gaming Commission shall be formally
recorded and kept on file.
§6300. Meetings: Official meetings shall be held at least once
per month, at a predesignated time and place at the Tribal Office building at
a designated location. Additional meetings shall be held as called by the Chairperson.
Notice of meetings shall be given in writing to each Commissioner, served by
first class mail or personal delivery at least five (5) business days prior
to such meeting.
§6350. Compensation for Serving; Fringe Benefits; Reimbursement of
Expenses: Commissioners shall be compensated for serving on the Commission
at rates to be set by the current wage and salary survey of the Redding Rancheria.
Such rates shall be identical for all Commissioners. Increases may be allowed
based on length of service. Commissioners shall be eligible for fringe benefits
which are available to other employees of the Tribe to extent the provider of
such benefits qualifies Gaming Commission positions for such benefits. Subject
to approval by the Tribal Council and in accordance with procedures to be adopted
by that council, Commissioners shall be reimbursed for expenses incurred in
connection with the performance of their Gaming Commission duties at the same
rate as the Tribe employees are reimbursed.
§6400. Powers and Duties: The Gaming Commission shall have
the power and duty to:
§6450. Annual Reports: On or before April 30th of each year,
the Gaming Commission shall provide to the Tribal Council an Annual Report summarizing
its activities during the prior twelve (12) month period ending on December
31st and accounting for all receipts and disbursements. The Tribal Council shall
make available copies of the Annual Report to the General Membership within
thirty (30) days after receipt.
Chapter 7. Reserved.
Chapter 8. Permitted Gaming Activities.
§8000. Unauthorized Gaming Prohibited. All Gaming Activities
on the Reservation (whether Class I, II, or III) are prohibited except as expressly
authorized under this Act.
Chapter 9. Reserved.
Chapter 10. Offenses Related to Tribal Gaming.
§10000. Offenses related to Tribal Gaming shall be defined in order to protect the integrity of Tribal Gaming. The monitoring and enforcement of Tribal, Federal and State, if applicable, gaming laws and regulations is the responsibility of the Gaming Commission.
§10050. It shall be unlawful for licensees or those applying for a
gaming license to perform specific acts that could result in a licensee or an
applicant to be denied a gaming license or to have a gaming license suspended
or revoked.
§10100. It is unlawful for an individual to knowingly make false statements
on any gaming application and its attachments in order to obtain a license or
to provide any false or misleading information to the Gaming Commission.
§10150. It is unlawful for a person that is responsible to keep
books and records to falsify or alter the receipts, expenses, or revenues resulting
from gaming conducted pursuant to this law.
§10200. It is unlawful for an individual to falsify any books and/or
records which relate to any activities of the Tribal Gaming Commission and/or
any rule or regulation adopted by the Commission or any terms of any license
granted under this law.
§10250. It is unlawful for a licensee or any individual to employ
any person to work in Redding Rancheria Gaming or to handle any of the proceeds
of tribal gaming, unless such person is employed as a key employee, primary
management or gaming employee and issued a license by the Gaming Commission.
§10300. It is unlawful for any licensee to willfully refuse to pay
the winner of any game unless to do so is performed as part of such licensee's
employment responsibilities.
§10350. It is unlawful for any employee who serves in a supervisory
position, to solicit or accept any tip or gratuity from any player or patron
at the premises where she/he is employed. A dealer may, however accept tips
or gratuities from a patron at the table at which such dealer is conducting
play, subject to the provisions of this law. All such tips or gratuities shall
be immediately deposited in a lockbox reserved for that purpose, accounted for,
and placed in a pool for distribution based upon criteria established in advance.
§10400. It is unlawful for an individual to fail to obtain the requisite
gaming license to be employed, work, or otherwise act in a position whose duties
would require a license pursuant to this law.
§10450. It is unlawful for any licensee to permit any person who
is less than eighteen years of age to participate, play, place wagers, or collect
winnings from any game or gaming machine.
§10500. It is unlawful for a gaming employee to participate as a
player/patron or in a partnership with any person or employee during their regular
hours of employment.
§10550. It is unlawful for any person to issue, suspend, revoke
or renew a gaming license pursuant to this article for personal pecuniary, monetary
or otherwise, gain or for anything of value.
§10600. It is unlawful for primary management, key employees, regulatory
officers of the tribe to participate in any personal or competing business venture
or a venture that undermines the enterprise, or utilizes expertise gained by
virtue of their employment or service by Redding Rancheria, except by prior
disclosure and approval by the Redding Rancheria Tribal Government
§ 10650. It is unlawful for consultants, vendors, their associates
or members of their immediate families to participate in any games in which
they are or could be considered to be so directly related to a service or product
that they could have some control over the outcome of the game.
§10700. It is unlawful for licensees, and regulatory officers to
extend credit or markers to or loan money to another person for participation
in any card game and/or video lottery terminal while on the premises of any
gaming operation.
§10750. It is unlawful for any person, whether an employee or player
in a gaming operation to cheat at any gaming activity. For purposes of this
section, "cheating" shall mean to alter the selection of criteria
which determine the result of a game, or the amount of frequency of payment
in a game. It is therefore unlawful to:
§10800. It is unlawful for any individual or group of individuals
to commit the following acts:
- To alter or misrepresent the outcome of a game or other event in which wagers have been made after the outcome is verified but before it is revealed to the players.
- To place, increase, or decrease a bet or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any event that affects the outcome or which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing, increasing, or decreasing a bet or determining the course of play contingent upon that event or outcome.
- To claim, collect, or take, or attempt to claim, collect, or take, money or anything of value in or from a gaming activity with intent to defraud and without having made a wager contingent thereon, or to claim, collect, or take an amount greater than the amount won.
- Knowingly entice or induce another to go to any place where tribal gaming is being conducted or operated in violation of the provisions of this section, with the intent that the other person play or participate in the gaming activity.
- To past-post or press bets to place or increase a bet after acquiring knowledge of the outcome of the game or any other event which is the subject of the bet.
- Pinching bets to reduce the amount wagered or to cancel a bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet.
- To manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of the game.
- To, by any trick or slight of hand performance, or by fraud or fraudulent scheme, cards, or device, for himself or another, win or attempt to win money or property or a representative of either or reduce a losing wager or attempt to reduce a losing wager in connection with gaming.
- To conduct any gaming operation without a valid authorization.
- To place any games authorized by these regulations or gaming machines into play or display such games or machines without the authorization of the Gaming Commission.
- It is unlawful for individuals or groups of individuals to use or possess certain unlawful devices or means, equipment, products, or materials or counterfeit or unapproved chips or tokens, or unlawful coins, as described below:
a. It is unlawful for any licensee, employee, or other person to use counterfeit chips in any gaming activity.
b. It is unlawful for any person, while playing or using any gaming machine/device designed to be played with, or to receive, or to be operated by chips or tokens not approved by the Gaming Commission or not lawfully designated by the Tribe and/or;
1. Knowingly use anything other than chips or tokens approved by the Gaming Commission or lawful coin, legal tender designated by the Tribe, or to use coin not of the same denomination as the coin intended to be used in that limited gaming activity; or
2. To use any device or means to violate the provisions of these regulations.
c. It is unlawful for any person to possess any device, equipment, or material which they know has been manufactured, distributed, sold, tampered with, or serviced in violation of the provisions of these regulations.
d. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his or her employment within an establishment, to have on his or her person or in his or her possession any device intended to be used to violate the provisions of these regulations.
e. It is unlawful for any individual or group of individuals not duly authorized licensees acting in furtherance of his or her employment any key or device known to have been designed for the purpose of and suitable for opening, entering, or affecting the operation of any gaming activity, drop box, or electronic or mechanical device connected thereto, or for removing money of other contents therefrom.
§10850. It is unlawful to manufacture, sell or distribute any cards,
chips, games or devices which are intended to be used to violate any provision
of these regulations.
§10900. It is unlawful to mark, alter, or otherwise modify any associated
equipment or gaming device in a manner that:
- Affects the result of a wager by determining win or loss;
- Alters the normal criteria or random selection, which affects the operation of a game or which determines the outcome of a game.
§10950. It is unlawful for any person to instruct another in cheating
or in the use of any device for that purpose, with the knowledge or intent that
the information or such use, so conveyed, may be employed to violate any provision
of these regulations.
§101000. It is unlawful for any individual to provide any false
or misleading information under the provisions of these regulations.
§101050. It is unlawful for illegal drugs to be allowed on tribal premises
where gaming is conducted.
§101100. Unlawful acts may result in judgments and penalties of
fines, exclusion, garnishments, suspension or revocation of licenses.
§101150. Should an individual be considered in violation of an unlawful
act, he/she may request a hearing before the Tribal Gaming Commission.
§101200. Anyone caught possessing and/or using illegal drugs shall
be removed from the premises and barred from participating in any gaming activity
on tribal premises. Violators may be subject to criminal prosecution.
Chapter 11. Reserved.
Chapter 12. Sanctions.
§12000. Sanctions. The Gaming Commission shall be empowered
to impose fines or other sanctions within the jurisdiction of the Tribe against
gaming licensees or other persons who interfere with or violate the Tribe's
gaming regulatory requirements and obligations under IGRA, the Tribal Gaming
Ordinance, or this Gaming Compact. The Tribal Gaming Agency shall report significant
or continued violations of this Compact or failures to comply with its orders
to the State Gaming Agency.
Chapter 13. Reserved.
Chapter 14. Gaming Revenues.
§14000. Tribal Property: Except as provided for under the
terms of an agreement pursuant to the provisions of IGRA or as otherwise permitted
by law, all revenues generated from any Class II or Class III gaming activity
are the property of the Tribe. Any profits or net revenues from Gaming Activities
shall be deposited into the Tribe's Program account and Per capita account.
Upon being deposited into these accounts funds shall lose any identity as gaming
revenues except to the extent necessary to identify them as such in order to
comply with applicable law. Tribal Members shall be deemed to have an interest
in such profits or net revenues only to the extent provided in Redding Rancheria
Ordinance Article 2 - USE OF GAMING REVENUES, also known as the Distribution
Ordinance, which provides the General Members per capita. Provided per capita
meets the requirements of IGRA, 25 U.S.C. 2710 (b) (3). Payments from the Tribal
Program account to Tribal Members, including those related to health, welfare,
education, elderly care, and housing, shall not be deemed to be per capita payments.
§14500. Permissible Use of Net Revenue. Net Revenues from
Gaming Activities shall not be used for purposes other than:
Chapter 16 Operation of Gaming Establishments.
§16000. Gaming Permitted as Licensed: Except to the extent authorized
by an agreement pursuant to the provisions of IGRA or as otherwise permitted
by law; Gaming Activities shall only be conducted in tribally owned, operated,
and licensed facilities pursuant to the provisions of this Act. Such activities
shall be conducted in accordance with the terms and conditions of any license
issued by the Tribe. Each facility must be individually licensed before any
Gaming Activities may occur therein. Such licenses shall specify the hours of
operation, type and scope of Gaming Activities allowed therein, permitted uses
of the facility for other activities, rules of conduct for employees and patrons,
regulation of alcoholic beverages, food handling and entertainment, and such
other matters as the Gaming Commission or the General Membership may deem necessary
to conduct Gaming Activities in the facility.
§16050. Protection of Environment and Public. Any construction
or maintenance of any gaming facility, and the operation of gaming therein,
shall be conducted in a manner which adequately protects the environment and
the public health and safety.
§16100. Dispute Resolution. Patron/Employee dispute resolution
is outlined separately in Chapter 26 of this Ordinance.
Chapter 17. Reserved.
Chapter 18. Audits.
§18000. The Tribal Council shall contract with a qualified Certified
Public Accountant ("CPA") or firm of CPAs to conduct annual independent
audits of all Class 2 and Class 3 gaming. It will furnish a copy of the audit
to the Commission and also to any Redding Rancheria member who requests a copy.
§18050. All contracts for services, supplies or concessions to gaming
facilities for a contract amount in excess of $25,000 annually (except contracts
for professional legal or accounting services), shall be subject annually to
independent audit by a CPA or firm of CPAs engaged by the Tribal Council.
Chapter 19. Reserved.
Chapter 20. Construction and Maintenance of Gaming Facility.
§20000. Construction and Maintenance. The construction, maintenance
and operation of the gaming facility will be conducted in a manner which adequately
protects the environment, public health and safety.
Chapter 21. Reserved.
Chapter 22. Licenses for Key Employees and Primary Management Officials.
§22000. Licensing Requirements: It is the declared policy
of the Tribe that all Gaming Activities be licensed and controlled so as to
protect the morals, good order and welfare of Tribal Members and other persons
on the Reservation and to preserve the honesty, fairness and integrity of such
Gaming Activities. Accordingly, no person shall engage in any Class II or Class
III Gaming Activities on the Reservation without an appropriate and valid independent
Class II or Class III license issued by the Gaming Commission. Any gaming license
which is issued, or finding of suitability or approval by the Gaming Commission,
shall be deemed a privilege subject to suspension or revocation. No license
shall be issued that would place the Tribe in violation of any tribal-state
compact to which the Tribe is a party, or of any applicable law.
§22050. Burden on Applicant: The burden of proving an applicant's
qualification to receive any license under this ordinance is at all times on
the Applicant. Applicants must accept any risk of adverse public notice, embarrassment
or other action which may result from the application process and expressly
waive any claim for damages as a result thereof.
§22100. Applicant Claim of Privilege: An applicant may claim
any privilege afforded by law in connection with a gaming license application
or investigation, but a claim of privilege with respect to any testimony or
evidence pertaining thereto may constitute sufficient grounds for denial, suspension
or revocation.
§22150. Release of Information: All persons applying for a license
shall agree to release all information necessary in order for the Gaming Commission
to achieve its goals under this section, and to furnish such information to
the Bureau of Indian Affairs, the NIGC, or such other governmental agency as
may be required by law.
§22200. Types of Licenses: Three classes of licenses (Class
A, Class B, and Class C) shall be issued to persons associated with Gaming Activities.
The Gaming Commission may also require and issue, in its sole discretion, a
Class D license to any person or entity associated with other tribal businesses
that are not part of the gaming facility or operated in conjunction therewith.
- Any criminal record or any reputation, prior activities, habits or associations which might pose a threat to the public interest or to the effective regulation of gaming
- Anything else in their background which might create or enhance the dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming.
§22250. Temporary Licenses: Pending completion of an investigation
for a license, temporary licenses of no more than ninety (90) days duration
may be issued by the Gaming Commission if in its sole discretion it deems it
appropriate to do so. Such licenses shall permit the licensee to engage in such
activities and pursuant to such terms and conditions as may be specified by
the Gaming Commission. Such temporary licenses shall expire ninety (90) days
from date of issuance, upon issuance of a regular license, or until an earlier
specified expiration date, whichever occurs first.
§22300. License Fees: Unless specifically waived by the Gaming
Commission, all license applicants shall be required to pay all applicable license
fees and cost when due, including a reasonable deposit for costs incurred in
obtaining information in connection with the license application. Applicants
who are Tribal Members will not be charged a license fee or costs. Estimates
of licensing costs shall be provided to applicants upon reasonable request.
Payment for all fees and costs must be received by the Gaming Commission prior
to issuance of the license as policy dictates.
§22350. Application forms.
- The Gaming Commission may establish a standard application form which will elicit all of the information required by subsection c (1).
- The Gaming Commission may establish a fee for the cost of processing an application for employment and/or a license which may include the cost of processing fingerprints (including the Commission's charges for processing fingerprints) and conducting a background investigation.
In compliance with the Privacy Act of 1 974, the following information is provided: Solicitation of the information on this form is authorized by 25 U.S.C. §2701 et seq. The purpose of the requested information is to determine the eligibility of individuals to be employed in a gaming operation. The information will be used by 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 Commission in connection with the hiring or firing of an employee, the issuance or revocation of a gaming license, or investigations of activities while associated with a Tribe or a gaming operation. Failure to consent to the disclosures indicated in this notice will result in a 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 may result in errors in processing your application.
- Complete a new application form that contains a Privacy Act notice; or
- Sign a statement that contains the Privacy Act notice and consent to the routine uses described in that notice.
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.)
- Complete a new application form that contains a notice regarding false statements; or
- Sign a statement that contains the notice regarding false statements.
§22400. Background Investigations.
§22450. California Law Enforcement Telecommunications System Eligibility.
The Tribe recognizes that Article 6 (commencing with section 11140) of Chapter
1 of Title 1 of Part 4 of the California Penal Code is applicable to members,
investigators, and staff of the Gaming Commission , and those members, investigators
, and staff for the purposes of carrying out its obligations under this Chapter
of the Ordinance shall be considered to be an entity entitles to receive state
summary criminal history information within the meaning of subdivision (b)(12)
of section 11105 of the California Penal Code. Thereafter the Gaming Commission
shall be authorized by the Tribe to receive information from the California
Department of Justice's California Law Enforcement Telecommunications System
(CLETS) for purposes of conducting background information in relation to this
Ordinance.
§22500. Eligibility Determination. The Gaming Commission
shall review a person 5 prior activities, criminal record, if any, reputation,
habits and associations to make a finding concerning the eligibility of a key
employee or primary management official for employment in a gaming facility.
If the Tribe 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 facility shall not employ that person
in a key employee or primary management official position, or issue a license
to that employee.
§22550. Denial of License Application.
§22600. Report to the National Indian Gaming Commission.
§22650. Granting a Gaming License.
§22700. License Suspension After Additional Information from NIGC or
State Agency.
§22750. All Other License Suspensions or Revocations.
Chapter 23. Reserved.
Chapter 24. Enforcement and Public Safety.
§24000. Enforcement and Public Safety. The
Gaming Commission shall adopt such additional rules and regulations and take
or authorize such enforcement actions as it deems necessary to ensure full compliance
with the provisions of this Ordinance. The Gaming Commission is hereby authorized
to cooperate with local, state and federal law enforcement officials to the
extent deemed necessary by the Gaming Commission to ensure that gaming complies
with all applicable laws and that persons engaged in gaming do not commit any
illegal acts that could endanger persons or property.
Chapter 25. Reserved.
Chapter 26. Public/Patron Disputes and Exclusions.
§26000. Public/Patron Disputes and Exclusions. The Tribe
is obligated by authority of this Ordinance to promulgate detailed policies
and procedures for the gaming enterprise to follow when a member of the public
has a dispute with the Casino or the patron has been excluded from the Casino.
It is the policy of the Tribe to provide due process in the form of a fair hearing
and appeals process for persons to rely on.
§26050. The Gaming Commission, in coordination with the Casino Management,
and the Tribal Government will establish and publish the procedures that will
be followed when a member of the public or a patron has a dispute or has been
excluded from the Gaming Enterprise. The Gaming Commission and Casino Management
will make the procedures readily available, i.e. in the form of a pamphlet,
to any persons requesting it.
§26100. At a minimum the procedure will provide the member of the public
or the patron an opportunity to meet with the General Manager and if a resolution
cannot be reached that is satisfactory to both parties, the member of the public
or patron may appeal the decision to the Gaming Commission.
Chapter 27. Reserved.
Chapter 28. Investment and Management Contract.
§28000. IGRA Provisions. The terms of any gaming management
contract shall not contravene any provision of the IGRA.
§28100. Preference. Any management and investment gaming
contracts must make provision for the preferential hiring firstly, of Redding
Rancheria members and then, secondly, of American Indian people from the Redding
and surrounding areas for jobs in the construction and operation of any gaming
facilities or activities.
§28150. Interest in Management Contracts by Tribal Officials.
No elected official of the Tribe, including the Gaming Commission or any other
committee or agency of the Tribe, shall have a financial interest in or management
responsibility for, any management agreement entered into pursuant to IGRA,
nor shall such elected official serve on the board of directors or hold (directly
or indirectly) ten percent (10%) or more of the issued and outstanding stock
of any corporation, or 10% or more of the beneficial interest in any partnership,
trust, or other entity, having a financial interest in, or management responsibility
for, such contract.
No gaming management contract may be assigned without the prior written approval
of the Tribal Council. Such approval may be withheld without any reason given.
Chapter. 29. Reserved.
Chapter 30. Score and Licensing.
Class 2 gaming is covered by the provisions of this Ordinance.
Chapter 31. Reserved.
Chapter 32. Contracts.
§32000. Bidding: Contracts relating to gaming or any gaming
facility over $25,000 or for more than five (5) years shall be subjected to
a formal, sealed bidding process prior to hiring established under the Tribe's
Fiscal Policies. All reasonable attempts shall be made to obtain and consider
at least three (3) responsible bids; provided, the Gaming Commission may waive
the requirements for three bids upon good cause shown.
§32050. Audit Requirements. All contracts for supplies, services,
or concessions for a contract amount in excess of $25,000 annually (except contracts
for professional legal or accounting services) relating to Class II or Class
III gaming on the Reservation shall be subject to independent audits, and such
contacts shall so specify.
Chapter 33. Reserved.
Chapter 34. Service of Process.
§34000. Service of Process. The Tribe designates as its agent
for the service of any official determination, order, or notice of violation,
the Chairman of the Gaming Commission.
Chapter 35. Reserved.
Chapter 36. Code of Ethics.
§36000. Code of Ethics. The Tribal Gaming Commission will
be held to the highest ethical standards including but not limited to the Redding
Rancheria Ethics Policy. The Tribal Gaming Commission will be expected to know
and understand the Tribal Ethics Policy and expected to follow it.
Ordinance History
Barbara Murphy (first approved on December 30, 1989, original on file)Certification
**** We, the undersigned duly elected officials of the Redding Rancheria, do
hereby certify that the foregoing Ordinance was adopted on June 13, 2000 at
a duly called meeting of the General Membership of the Redding Rancheria with
a quorum present by a vote of 28 for, 0 against, 0 abstaining
and _______ absent.
|
                /s/      
          |
   7-13-00 
Date |
|                 /s/  
              Redding Rancheria Secretary [Hope Wilkes] |
   7-13-00 
Date |
Present Council
1 . Chairman - Leon Benner
2. Vice-Chairperson - Tracy Edwards
3. Secretary - Hope Wilkes
4. Treasurer - Don Benner
5. Councilperson - Debra Sarot
6. Councilperson - Patty Spaulding
7. Councilperson - Edward R. Foreman Sr.
8. Alternate - Carla Maslin
9. Alternate - Bobby Foreman Jr.
10. Alternate - Gary Hayward
REDDING RANCHERIA GAMING ORDINANCE
ADOPTED ON DECEMBER 30,1989
*FIRST AMENDED ON NOVEMBER 10,1993
**SECOND AMENDMENT ON OCTOBER 1,1998
***THIRD AMENDMENT ON AUGUST 12,1999
****FOURTH AMENDMENT ON JUNE 13,2000
| SUBJECT: |
Amendment to the Redding Rancheria
Gaming Ordinance 1999 to become the Redding Rancheria Gaming Ordinance 2000. |
| WHEREAS | The Redding Rancheria Gaming Ordinance was originally
adopted at a duly called meeting of the General Council of the Redding Rancheria
with a quorum present on December 30, 1 989, subsequently amended on November
10, 1993, and October 1, 1998, and August 12, 1999 |
| WHEREAS: | The Tribal Council pursuant to the Tribal-State
Gaming Compact §6.4.8 with the State of California wishes to authorize
the Redding Rancheria to receive information from the California Law Enforcement
Telecommunications Systems Eligibility for purposes of completing required
background checks; |
| WHEREAS: | The Tribal Council wanted to clarify grievance
procedures for Denials of Applications for gaming licenses; and other clarifications
of minor changes; |
| WHEREAS | The Redding Rancheria Tribal Council voted to recommend
the amendments to the Gaming Ordinance to the General Membership for approval |
| WHEREAS | Upon approval of the changes the Tribe will submit
the Amended Gaming Ordinance to the Secretary of Interior for publication
in the Federal Registrar; |
CERTIFICATION
|
                /s/      
          |
   7-13-00 
Date |
|                 /s/  
              Secretary, Redding Rancheria [Hope Wilkes] |
   7-13-00 
Date |