An
Ordinance of The Elk Valley Rancheria Ordinance No. 00-28
AN ORDINANCE OF THE TRIBAL COUNCIL OF THE ELK VALLEY RANCHERIA ESTABLISHING
STANDARDS FOR THE STORAGE, PREPARATION AND HANDLING OF FOOD AND BEVERAGES
AT THE ELK VALLEY CASINO.
[Title 7], Chapter 1 - Sanitation Requirements for Casino
Food and Beverage Facilities
The Tribal Council of the Elk Valley Rancheria ("Tribe") hereby ordains
as follows:
Section 1. Findings and Declarations. The Tribal Council
("Council") for the Tribe finds and declares that:
1. The
Tribe is a federally recognized Indian Tribe organized under the provisions
of the Indian Reorganization Act, 25 U.S.C. §476 with a written
Constitution establishing the Elk Valley Tribal Council as the governing
body of the Tribe.
2. Pursuant
to Article 5, Section 1, of the Tribe's Constitution, the Council
is vested with the authority to enact ordinances for the purposes
of promoting the health and general welfare of the members of the
Tribe and managing all economic enterprises of the Tribe.
3. The
Tribe is the owner and operator of the Elk Valley Casino located within
the exterior boundaries of the Elk Valley Rancheria ("Reservation").
4. On
or about September 10, 1999, the Tribe entered into a Tribal-State
Compact ("Compact") with the State of California which authorizes
the Tribe to conduct Class III gaming on its Reservation. Section
10.2 of the Compact requires the Tribe to "adopt and comply with standards
no less stringent than the State Public Health standards for food
and beverage handling" at the Casino. Under §10.2(a), the Tribe
is required to allow State or County health inspectors during normal
business hours, to inspect the Casino's food and beverage services,
unless inspections are routinely made by an agency of the United States
government, to insure compliance with equivalent standards of the
United States Public Health Service.
5. The
Council is adopting this Ordinance in order to satisfy the requirements
of §10.2(a) of its Compact. By enacting and complying with this
Ordinance, the Tribe has established standards for the storage, preparation,
and serving of food that will be fit for human consumption and will
not pose any health danger to any person who stores, handles, or consumes
any food or beverage at the Tribe's Food Facility located within the
Tribe's Casino on the Reservation.
6. The
adoption of this Ordinance is necessary in order to assure the patrons
of the Tribe's Casino, that the food served in the casino is pure,
safe, and fit for human consumption.
Section 2. Adoption of a New Ordinance Entitled: "Sanitation
Requirements for Casino Food and Beverage Facilities."
A new Chapter 1 of Title 7 of the Elk Valley Tribal Code entitled "Sanitation
Requirements for Casino Food and Beverage Facilities" is hereby adopted
and shall provide as follows:
CHAPTER 1 - SANITATION REQUIREMENTS FOR CASINO
FOOD AND BEVERAGE FACILITIES
Sections:
7.01.010
Definitions.
7.01.020 Requirements for Food and Beverage.
7.01.030 Confectionery Containing Alcohol; Notice to Consumer.
7.01.040 Protection of Food from Contamination.
7.01.050 Employees Preparing, Serving, or Handling Food or Utensils;
Sanitary Practices.
7.01.060 Raw Duck; Exempt from Temperature Requirements.
7.01.070 Fish and Game Donated to Serve Meals.
7.01.080 Prevention of Entrance and Harborage of Animals, Birds, and
Vermin.
7.01.090 Waste Material and Rubbish; Removal and Disposal.
7.01.100 Animals and Birds in Food Service Areas; Prohibition; Exceptions.
7.01.110 Equipment and Utilities to Be Kept Clean Operative, and in
Good Repair.
7.01.120 Water Supply.
7.01.130 Toilet and Hand Washing Facilities.
7.01.140 Area for Employees to Change and Store Clothes.
7.01.150 Food Facility to be Fully Enclosed.
7.01.160 Floors.
7.01.170 Linens.
7.01.180 Storage Area for Cleaning Equipment and Supplies.
7.01.190 Lighting.
7.01.200 Sleeping Accommodations.
7.01.210 Open Air Barbecue Facilities.
7.01.220 Enforcement.
7.01.010 Definitions. As used in this Ordinance, the following
terms shall have the following meanings:
A. "Employee"
means any person working in a Food Facility covered by this Chapter.
B. "Enforcement
Officer" means a member of the Elk Valley Gaming Commission or any
duly authorized personnel of the Gaming Commission.
C. "Equipment"
means all cooking units, hoods, cutting boards, processing machines,
tables, refrigerators, sinks, dish machines, steam tables, pots, pans,
knives, forks, and any other items used in a Food Facility.
D. "Food
Facility" means any room, building, place, or portion thereof, within
a Gaming Facility, as defined by Section 2.8 of the Tribal-State Compact
between the State of California and the Elk Valley Rancheria, maintained,
used, or operated for the purpose of storing, preparing, serving,
manufacturing, packaging, transporting, salvaging, or otherwise handling
food or beverages for sale to the general public.
E. "Food
Preparation" means packaging, processing, assembling, portioning,
or any operation that changes the form, flavor, or consistency of
food, but does not include trimming of produce.
F. "Impound"
means the legal control exercised by the enforcement officer over
the use, sale, disposal, or removal of any food or equipment.
G. "Multi-service
Utensil" means a utensil manufactured and approved for use more
than one time, in the preparation, storage, handling, serving or consuming
of food.
H. "Open
Air Barbecue Facility" means an unenclosed area or facility for barbecuing
food where the food is prepared out of doors by cooking directly over
hot coals, heated lava, hot stoves, gas flame, or other method approved
by the Tribe on equipment suitably designed and maintained for use
out of doors that is operated by a Food Facility.
I. "Permit"
means a written authorization to operate a Food Facility issued by
an Enforcement Officer.
J. "Person"
means any individual, firm, partnership, joint venture, association,
limited liability company, corporation, estate, trust, receiver, syndicate,
city, county, or other political subdivision or any other group or
combination acting as a unit.
K. "Prepackaged
Food" means any properly labeled processing food prepackaged to prevent
any direct human contact with the food product upon distribution from
the manufacturer and prepared at a Food Facility approved by an Enforcement
Officer.
L. "Produce"
means any food or vegetable in its raw or natural state.
M. "Retail"
means the storing, preparing, serving, manufacturing, packaging, transportation,
salvaging, or otherwise handling food or beverages for dispensing
or sale directly to the consumer or general public.
N. "Single
Service Utensil" means a utensil that is manufactured and approved
for use only once and that shall be discarded after use in the preparing,
storing, manufacturing, or consumption of food.
O. "Tribe"
means the Elk Valley Rancheria.
P. "Utensil"
means any kitchenware, tableware, cutlery, glassware, container, implement,
highchair tray, or other item with which food comes into contact during
storage, transportation, display, preparation, serving, sale, or through
use by an employee or consumer.
7.01.020 Requirements for Food and Beverage. All food
and beverages offered for retail sale to any person at a Food Facility
shall be manufactured, produced, prepared, compounded, packed, stored,
transported, kept safe, and served so as to be pure, free from contamination,
adulteration, and spoilage; shall have been obtained from sources approved
by an Enforcement Officer; shall otherwise be fully fit for human consumption;
and shall conform to the applicable provisions of this Ordinance.
7.01.030 Confectionery Containing Alcohol; Notice to Consumer.
Any Food Facility that serves or sells directly to the consumer an unlabeled
or unpackaged food that is a confectionery that contains alcohol in
excess of 1/2 of 1% by weight shall provide written notice to the person
of that fact. The notice shall be predominately displayed or be provided
in some other manner as determined by an Enforcement Officer. The Elk
Valley Gaming Commission shall adopt regulations to govern the notice
required by this section in order to effectuate the purposes of this
section.
7.01.040 Protection of Food from Contamination. All food
shall be prepared, stored, displayed, dispensed, displaced, transported,
sold, and served by a Food Facility as to be protected from dirt, vermin,
unnecessary handling, droplet contamination, overhead leakage, or other
contamination.
7.01.050 Employees Preparing, Serving or Handling Food or Utensils;
Sanitary Practices. All employees of a Food Facility preparing,
serving, or handling food or utensils shall wear clean washable outer
garments or other uniforms and shall keep their hands clean. All employees
shall wash their hands and arms with cleanser in warm water before commencing
work, immediately after using toilet facilities, and at other times
that are necessary to prevent contamination of food or beverage. Legible
signs shall be posted in each toilet facility directing attention to
this requirement All employees shall wear hairnets, caps, or other suitable
coverings to confine all hair when required to prevent the contamination
of food or utensils. All employees serving food shall use tongs or implements
rather than their hands. No employee shall expectorate or use tobacco
in any form in any area where food is prepared, served, or stored, or
where utensils are cleaned or stored. No employee shall commit any act
that may result in contamination or adulteration of any food, food contact
surface, or utensil. The General Manager of a Food Facility shall post
and maintain "No Smoking" signs in food preparation, food storage,
utensil cleaning, and utensil storage area.
When information
as to the possibility of disease transmission is presented to an Enforcement
Officer, he or she shall investigate the conditions and take appropriate
action to protect the public's health and safety. The Enforcement Officer
may, after investigation and for reasonable cause, require any or all
of the following measure to be taken: (a) the immediate exclusion of
any employee from the affected Food Facility; (b) the immediate closing
of the Food Facility until, in the opinion of the Enforcement Officer,
no further danger of disease outbreak exists. Any appeal of the closure
shall be made in writing within five days to the Elk Valley Gaming Commission
as provided in Section 7.01.220 of this Chapter; and (c) a medical examination
of any employee, with any laboratory examination which may be indicated.
Should a medical examination be refused by an employee, the Enforcement
Officer may require the immediate exclusion of the refusing employee
from that or any other Food Facility until an acceptable medical or
laboratory examination shows that the employee is not affected with
a disease in a communicable form.
7.01.060 Raw Duck; Exempt from Temperature Requirements.
Raw duck, that otherwise would be readily perishable, shall be exempt
from the otherwise applicable preparation provisions of this Ordinance
for a period not to exceed two hours, if the duck will subsequently
be cooked at or above a temperature of 177 degrees Celsius (350 degrees
Fahrenheit) for at least 60 minutes.
Whole Chinese-style
roast duck shall be exempted from the otherwise applicable provisions
of the food preparation provisions of this Ordinance for a period not
to exceed four hours after the duck is prepared, since the methods used
to prepare these foods inhibit the growth of microorganisms that can
cause food infections or food intoxications.
For the
purpose of this section, "Chinese-style roast duck" shall include,
but is not limited to, Chinese-style barbecue duck, dry hung duck, and
Peking duck. Chinese-style roast duck means duck that is prepared as
follows: (1) the abdominal cavity is cleaned; (2) the duck is marinated;
(3) the cavity is closed prior to cooking; (4) the duck is roasted at
a temperature of 177 degrees Celsius (350 degrees Fahrenheit) or more
for at least 60 minutes.
7.01.070 Fish and Game Donated to Serve Meals. The Elk Valley
Gaming Commission may approve the use of legally obtained donated fish
and game to be served as meals at a Food Facility. As used herein, the
term "Fish" and the term "Game" shall be defined as those terms are
used in the Tribe's Hunting and Fishing Ordinance. Until the Tribe adopts
a Hunting and Fishing Ordinance defining those terms, the term "Fish"
and "Game" shall have the same meaning as those terms are defined in
Section 45, 3500, and 3950 of the California Fish and Game Code.
7.01.080 Prevention of Entrance and Harborage of Animals, Birds,
and Vermin. A Food Facility shall at all times be so constructed,
equipped, maintained, and operated as to prevent the entrance and harborage
of animals, birds, and vermin, including, but not limited to, rodents
and insects.
7.01.090 Waste Material and Rubbish; Removal and Disposal.
All Food Facilities shall be kept clean and free of litter, rubbish,
and vermin. Each Food Facility shall be provided with the equipment
necessary to store and dispose of all waste material. All food waste
and rubbish containing food waste shall be kept in leakproof and rodent
proof containers and shall be contained so as to minimize odor and insect
development by covering with close-fitting lids or placement in a disposable
bag that is impervious to moisture and then sealed. Trash containers
inside a Food Facility need not be covered during periods of operation.
All food waste and rubbish shall be removed and disposed of in a sanitary
manner as frequently as may be necessary to prevent the creation of
a nuisance, including but not limited to the attraction of vermin, rodents,
and insects.
7.01.100 Animals and Birds in Food Service Areas; Prohibition; Exceptions.
Except as otherwise provided in this Section, no live animal, bird,
or fowl shall be kept or allowed in any Food Facility. The provisions
of this Section notwithstanding, nothing in this Section shall prohibit
the presence, in any room where food is served to any person of a guide
dog, signal dog, or service dog, accompanied by a totally or partially
blind person, deaf person, person whose hearing is impaired, or handicapped
person, or dogs accompanied by persons licensed to train guide dogs
for the blind pursuant to Section 7200 of the California Business and
Professions Code. The provisions of this Section shall also not apply
to dogs under the control of uniformed law Enforcement Officers or of
uniformed employees or security guards of the Gaming Facility while
they are acting within the course and scope of their employment as peace
officers or as private security officers. Nothing in this Section shall
prohibit aquariums and aviaries provided that they are enclosed so as
not to create a public health problem. Any dogs, fish, or birds allowed
to be in a Food Facility under the exceptions to this Section, shall
be excluded from food preparation and utensil wash areas.
7.01.110 Equipment and Utilities to Be Kept Clean Operative, and
in Good Repair. All equipment, utensils, and facilities used
in a Food Facility shall be kept clean, fully operative, and in good
repair.
7.01.120 Water Supply. An adequate, protected, pressurized,
potable supply of hot water, at least 49 degrees Celsius (120 degrees
Fahrenheit), and cold water shall be provided and available to Food
Facilities. The water supply shall be from a water system approved by
the certified health inspector of the Tribe or a certified inspector
of the United States Indian Health Services. Any hose used for conveying
potable water shall be constructed of nontoxic materials, shall be used
for no other purpose, and shall be clearly labeled as to its use. The
hose shall be stored and used so as to be kept free of contamination.
The potable water supply shall be protected with a back flow or back
siphon age protection device, as required by applicable plumbing codes.
7.01.130 Toilet and Hand Washing Facilities. In each Food
Facility, there shall be provided, clean toilet facilities in good repair
for use by employees of the Food Facility. The number of toilet facilities
required shall be in accordance with the Tribe's Uniform Building Codes.
Toilet facilities whose construction begins on or after the adoption
of this Ordinance, and that are provided for use by patrons, shall be
so situated that patrons do not pass through food preparation, food
storage, or utensil washing areas. Toilet rooms shall be separated from
other portions of the Food Facility by well-fitting, self-closing doors
or by other means approved by an Enforcement Officer. Toilet facilities
shall not be used for the storage of food, equipment, or supplies. Toilet
tissue shall be provided in a permanently installed dispenser at each
toilet. There shall be at least one separate toilet facility for men
and one separate toilet facility for women. Toilet rooms shall be separated
by well-fitted, self-closing doors that prevent passage of flies, dust,
or odors. Hand washing facilities, in good repair, shall be provided
for patrons, guests, or invitees and employees within or adjacent to
toilet facilities and shall be equipped with hot and cold running water.
Hand washing detergent or soap and sanitary towels or hot-air blowers
shall be provided at hand washing facilities in permanently installed
dispensing devices.
7.01.140 Area for Employees to Change and Store Clothes.
A room, enclosure, or designated area, separated from toilets, food
storage, food preparation areas, and utensil washing areas, shall be
provided where employees may change and store clothes. No employee shall
store clothing or personal effects in any other area on the premises
of the Food Facilities.
7.01.150 Food Facility to be Fully Enclosed. Each Food Facility
shall be fully enclosed in a building consisting of floors, walls, and
an overhead structure that meet the minimum standards prescribed by
this Chapter. This Section shall not be construed to require the enclosure
of dining areas or open-air barbecue facilities.
7.01.160 Floors.
(a) Except
in sales areas of retail Food Facilities and as otherwise provided
in subdivision (d) of this Section, the floor surfaces in all areas
in which food is prepared, packaged, or stored, where any utensil
is washed, where refuse or garbage is stored, where janitorial facilities
are located, and in all toilet and hand washing areas, and in employee
change and storage areas shall be smooth and of durable construction
and nonabsorbent material that is easily cleaned. These floor surfaces
shall be coved at the juncture of the floor and wall with a 10 millimeter
(3/8 inch) minimum radius coving and shall extend up the wall at least
10 centimeters (4 inches) except in areas where food is stored only
in unopened bottles, cans, cartons, sacks, or other original shipping
containers.
(b) Upon
new construction or extensive remodeling on or after the adoption
of this Ordinance, floor drains shall be installed as follows: (1)
in floors that are water-flushed for cleaning; (2) in areas where
pressure spray methods for cleaning equipment are used. Floor surfaces
in areas pursuant to this subdivision shall be sloped 1:50 to the
floor drains.
(c) Upon
new construction or extensive remodeling on or after the adoption
of this Ordinance, floor sinks, funnel drains, or equivalent devices
shall be installed to receive discharges of water or other fluid waste
from equipment.
(d) Except
for dining and serving areas, the use of sawdust, wood shavings, peanut
hulls, or similar materials is prohibited.
(e) This
Section shall not prohibit the use of approved dust-arresting floor
sweeping and cleaning compounds during floor cleaning operations or
the use of approved anti-slip floor finishes or materials in areas
where necessary for safety reasons.
(f) Food
Facilities that are in operation as of the date of adoption of this
Ordinance and in which sawdust is used as an absorbent in meat holding
units may continue this use until the floor is replaced.
7.01.170 Linens. (a) Adequate and suitable space shall be
provided for the storage of clean linens, including apparel, towels,
and cleaning cloths. Soiled linens, apparel, towels, tablecloths, and
cleaning cloths shall be kept in cleanable containers provided only
for this purpose and shall not be reused until they have been laundered.
Cleaning cloths used to wipe customer tables and seats shall not be
used to wipe any other surfaces. Cleaning cloths used to wipe service
counters, scales, and other surfaces that may directly or indirectly
contact food shall be used only once until laundered.
7.01.180 Storage Area for Cleaning Equipment and Supplies.
(a) A
room, area, or cabinet separated from any food preparation or storage
area, or utensil washing or storage area, shall be provided for the
storage of cleaning equipment and supplies, such as mops, buckets,
brooms, cleansers, and waxes.
(b)Any
Food Facilities constructed or extensively remodeled on or after the
adoption of this Ordinance, shall be equipped with at least one of
the following to be used exclusively for general cleaning purposes
and for the disposal of mop bucket wastes and other liquid wastes:
(1) a one-compartment, nonporous janitorial sink and (2) a slab, basin,
or floor constructed of concrete or equivalent material, curbed and
sloped to a drain. Such facilities shall be connected to approved
sewerage and provided with hot and cold running water through a mixing
valve and protected with a backflow protection device.
7.01.190 Lighting. In every room and area in which any food
is prepared, manufactured, processed, or packaged, or in which utensils
are cleaned, sufficient natural or artificial lighting shall be provided
to produce an intensity of not less than 215 lux (20 foot candles) as
measured 76 centimeters (30 inches) above the floor, except that the
working surfaces on which alcoholic beverages are prepared or where
utensils used in the preparation or service of alcoholic beverages are
cleaned, shall be provided with at least 108 lux (10 foot candles) of
light. Food and utensil storage rooms, refrigeration storage, and toilet
and dressing rooms shall be provided with at least 108 lux (10 foot
candles) of light. Light fixtures in areas where food is prepared or
where open food is stored or where utensils are cleaned shall be of
shatterproof construction or shall be protected with shatterproof shields
and shall be readily cleanable. During general cleanup activities, at
least 215 lux (20 foot candies) of light, measured 76 centimeters (30
inches) above the floor, shall be provided in the area being cleaned,
including, but not limited to, areas where alcoholic beverages are prepared
or served.
7.01.200 Sleeping Accommodations. No sleeping accommodations
shall be maintained or kept in any room where food is prepared, stored,
or sold. All living and sleeping quarters shall be separated from any
Food Facilities. No door or other opening shall be permitted in the
partition that separates the Food Facility from the living or sleeping
quarters.
7.01.210 Open Air Barbecue Facilities. Notwithstanding the
provisions of this Chapter, a Food Facility may maintain an open-air
barbecue facility if the appropriate Enforcement Officer determines
that the barbecue facility meets all of the following requirements:
(a) The barbecue facility is operated on the same premises as, in reasonable
proximity to, and in conjunction with a Food Facility; (b)all food waste
and rubbish containing food waste is handled in accordance with the
requirements of this Ordinance; (c) the multi-service utensils and equipment
used in conjunction with the open-air barbecue facility are made of
nontoxic materials, are constructed and maintained in a manner so they
can be easily cleaned, and are kept clean and in good repair; (d) food
and beverages served out of doors are dispensed from units approved
by the Enforcement Officer. No other food may be prepared or stored
in the out of doors, except for food cooked on the open-air barbecue
unit; (e) (1) except as otherwise provided in paragraph (2), no live
animals, birds, or fowl shall be kept or allowed in an area within 20
feet of any area where food or beverage is prepared, stored, kept, or
served; (2) notwithstanding the provisions of paragraph (1), this Section
does not prohibit the presence, in any area where food is served to
any person of a guide dog, signal dog, or service dog, accompanied by
a totally or partially blind person, deaf person, person whose hearing
is impaired, or handicapped person, or dogs accompanied by persons licensed
to train guide dogs for the blind or dogs under the control of uniformed
law enforcement officers or security guards or employees of the Gaming
Facility (4) those persons and operators described in paragraphs (2)
and (3) are liable for any damage done to the premises of a Food or
Open Air Barbecue Facility by the dog; (f) if the barbecue facility
is a permanent structure, it is equipped with an impervious and easily
cleaned floor surface that extends a minimum of five feet from the open-air
barbecue facility on all open sides; (g) the barbecue facility is located
in an area reasonably protected from dust, as determined by the Enforcement
Officer; (h) the barbecue facility is not operated in, or out of, any
motor vehicle or in any area or location that may constitute a fire
hazard, as determined by the Enforcement Officer; and (i) sanitary facilities,
including, but not limited to, toilet facilities and hand washing facilities
shall be available for use within 200 feet of the barbecue facility
and shall comply with all provisions of this Chapter. Sanitary facilities
that do not meet the requirements of this Chapter shall not be located
closer to the barbecue facility than the sanitary facilities required
to be provided by this section.
7.01.220 Enforcement. Any person who violates any provision
of this Chapter or any regulation adopted by the Elk Valley Gaming Commission
pursuant to this Chapter is guilty of a misdemeanor. Each offense shall
be punished by a fine of not less than twenty-five dollars ($25) or
more than one thousand dollars ($1,000). The Enforcement Officer shall
have the authority to inspect any Food Facilities at any time in order
to ensure compliance with the provisions of this Chapter. Based upon
an inspection, findings, or evidence, an Enforcement Officer may do
any of the following:
(a) (1)
Impound any food that is found to be, or suspected of being, contaminated
or adulterated; (2) impound equipment or utensils that are found to
be contaminated or adulterated or in such disrepair that food, equipment,
or utensils may become contaminated or adulterated, and inspect, impound,
or inspect and impound any utensil that is suspected of releasing
lead or cadmium. The Enforcement Officer may attach a tag to the food,
equipment, or utensils that shall be removed only by the Enforcement
Officer following verification that the condition has been corrected.
(b) No
food, equipment, or utensils impounded pursuant to subdivision (a)
shall be used unless the impoundment has been released.
(c)
Within 30 days the Enforcement Officer that has impounded the food,
equipment, or utensils pursuant to subdivision (a) shall commence
proceedings to release the impounded materials or seek administrative
or legal remedy for its disposition.
Whenever
an Enforcement Officer finds that a Food Facility is not in compliance
with the requirements of this Chapter, a written notice to comply
shall be issued to the person licensed by the Elk Valley Gaming Commission,
who has responsibility for compliance with this Chapter and to the
employee who is a gaming licensee who has committed the violation.
If the employee/licensee fails to comply, the Enforcement Officer
shall issue to the employee/licensee a notice setting forth the acts
or omissions with which the employee/licensee is charged, and informing
him or her of a right to a hearing, if requested, before the Gaming
Commission, to show cause why their gaming license should not be suspended
or revoked or a fine impose for a violation of this Chapter. A written
request for a hearing shall be made by the employee/licensee within
15 calendar days after receipt of the notice. A failure to request
a hearing within 15 calendar days after receipt of the notice shall
be deemed a waiver of the right to a hearing. When circumstances warrant,
the Gaining Commission may order a hearing at any reasonable time
within this 15-day period to expedite the license suspension or revocation
process or the review of the decision to impose a fine. The hearing
shall be held within 15 calendar days of the receipt of a request
for a hearing. Upon written request of the employee/licensee, the
Gaming Commission may postpone any hearing date, if circumstances
warrant the action.
The Gaming
Commission shall issue a written notice of decision to the employee/licensee
within five working days following the hearing. In the event of a
suspension or revocation, the notice shall specify the acts or omissions
that the employee/licensee is charged, and shall state the amount
of any fine, the terms of the suspension or the fact that the employee's
gaming license has been revoked.
Section 3. Severability. If any part or provision of this
Ordinance or the application thereof to any person or circumstance is
held invalid, the remainder of the Ordinance, including the application
of such part or provision to other persons or circumstances, shall not
be affected thereby and shall continue in full force and effect. To
this end, the provisions of this Ordinance are severable.
Section 4. Effective Date. This Ordinance shall become effective
on the date that it is adopted by the Tribal Council.
CERTIFICATION
The foregoing
Ordinance was adopted at a duly convened meeting of the Elk Valley Tribal
Council held on the 15th day of November 2000, by the following vote:
AYES: 7
NOES: 0
ABSENT: 0
ABSTAIN: 0
/s/
John D. Green, Tribal Chairman |
November
15, 2000
Date of Approval |
ATTEST:
/s/
Brenda Blake, Council Secretary |
November
15, 2000
Date of Approval |
FoodBeverage
December 1, 2000
Back
to Top