Approved Ordinances for the Te-Moak Tribe of Western Shoshone
Last amended: 2003
Section 1.0 General Provisions and Purpose
1.1 Name: This Ordinance shall be known as the Te-Moak Tribal Council Class II Gaming Ordinance.
1.2 Amendment: This Ordinance may be amended by the action of the Te-Moak Tribal Council sitting in a meeting at which a quorum is present, upon simple vote of a simple majority of the Council provided that the announcement of the meeting and the intention to amend or to otherwise address this Ordinance &e made known to the residents of the Battle Mountain Indian Colony, Elko Indian Colony, South Fork Indian Reservation and Wells Indian Colony in accordance with the Constitution of the Te-Moak Tribe.
1.3 Sovereign Immunity: Nothing in this Ordinance or any contract which invokes this Ordinance shall at any time be construed as waiving the Te-Moak Tribes Tribal Sovereign Immunity.
Section 2.0 Definition
2.1 Class II Gaming shall be defined as set out in 25 USC Section 2703 as follows;
a. The term Class II Gaming means - the game of chance commonly known as bingo (whether or not electronic, computer, or other technologic aids in connection therewith).
1. Which is played for prizes, including monetary prizes with cards bearing numbers or other designations.
2. In which holder of the card covers the numbers or designations when objects similarly numbered or designated are drawn or electronically determined.
3. In which the game is won by the first person covering a previously designated arrangement of numbers or designations on such cards, (if played in the same location) pull tabs, lotto, punch boards, tip jars, instant bingo and other games similar to bingo.
b. Card games as follows;1. That are explicitly authorized by the laws of the State of Nevada. 2. That are not explicitly prohibited by the laws of the State of Nevada, but only if such card games are played in conformity with the laws and regulations of the State of Nevada regarding hours or periods of operation of such card games or limitations on wagers or pot prizes in such Card games.c. The term "Class II Gaming" does not include;
1. Any banking Card games including Baccarat, Chem de Fer, or Black Jack (21).
2. Electronic or Electromechanical facsimiles of any game or chance or slot machines of any kind.
Section 3.0 Class II Gaming License and Regulation
3.1 Conditions: Te-Moak Tribe of Nevada will have sole priority interest and responsibility for the conduct of any gaming within the Battle Mountain Indian Colony, Elko Indian Colony, South Fork Indian Reservation and the Wells Indian Colony.
3.2 Net Revenues - Income Purpose; Net revenues from any Tribal Gaming are not to be used for purposes other than;
a. To fund Tribal Government operations or programs.
b. Provide for the general welfare of the Te-Moak Tribe and its members.
c. To promote Tribal economic development.
d. To donate to charitable organization.
e. To help fund operations or local Government Agencies.
3.3 Independent - Outside Audits: Annual outside audits of Tribal Gaming operations which may encompass existing independent tribal audit systems will be provided to the Te-Moak Tribal Council and the Bureau of Indian Affairs (National Indian Gaming Commission).
3.4 Contracts - Subcontractors Audits: All contracts for supplies, services, or concessions for a contract amount in the excess of $25,000.00 annually (except contracts for professionals legal or accounting services) relating to such gaming shall be subject to independent audits.
3.5 Public Health and Safety: The construction and maintenance of the gaming facility and the operations of that gaming is conducted in a manor which adequately protects the environment and public health and safety.
3.6 Investigation - Management Conduct: All primary management officials and key employees of any Class II Gaming Enterprises shall submit and application for a license on the same forms as provided by the Nevada Gaming Commission and shall be subject to a background investigation by the Te-Moak Law Enforcement including a FBI report and IRW credit check. Oversight of said management officials and key employees shall be conducted on an ongoing basis by the tribal Council. Said background investigations and oversight includes;
a. Tribal License for primary management officials and key employees of the gaming enterprise with prompt notification to the Bureau of Indian Affairs, National Indian Gaming Commission; of the issuance of such license.3.7 Net Revenues Per Capita Payments: Net revenues from any Class Tribal Council II Gaming activities conducted or licensed by the Te-Moak may be used to make per capita payments to tribal members only if;
b. Any person whose prior activities, criminal record, if any or reputation, habits and associations pose a threat to the public interest or to the effective regulation of gaming or create or enhance the dangers of unsuitable, unfair or illegal practices and methods and activities in the conduct of gaming shall not be eligible for employment.
c. Notification by the Te-Moak Tribal Council to the Bureau of Indian Affairs, National Indian Gaming Commission of the results of such background checks before the issuance of any such license.
a. The Te-Moak Tribal Council has prepared a plan to allocate revenues to be used authorized by paragraph 3.2.
b. The plan approved by the Secretary is adequate, particularly with respect to uses described in clauses (a) and (c) of paragraph 3.2.
c. The interests of minors and other legally incompetent persons who are entitled to receive any of the per capita payments are disbursed to the parents or legal guardian of such minors or legal incompetents in such amounts may be necessary for the health, education, or welfare of the minor or other legally incompetent person under the Te-Moak Tribal Council.
d. The per capita payments are subject to federal taxation and the Band notifies members of such tax liability when payments are made.
e. Per capita payments may be distributed by the Band Council to the members of the Band exercising the Class II gaming activities.
Section 4.0 Operations
4.1 Operations: It shall be unlawful for anyone to perform, conduct, operate, maintain, or supervise a Class II Gaming Activity upon the Battle Mountain Indian Colony, Elko Indian Colony, South Fork Indian Reservation, Wells Indian Colony, except for a Te-Moak Tribal member.
4.2 Name Tag-Uniforms: All persons operating or assisting in the operation or conduct of any Class II Gaming activity shall wear a uniform approved by the Te-Moak Tribal Council which shall bear legible tags clearly showing their names.
Section 5.0 Violation and Jurisdiction
5.1 Violation: Any persons who knowingly violates any provisions of this Ordinance or any rule or regulation authorized thereunder shall be guilty of a criminal offense punishable by a fine not to exceed five hundred dollars ($500.00) for each violation or for each day the violation continues or by imprisonment not more than six (6) months or both.
5.2 Jurisdiction: The Tribal Courts shall have jurisdiction over non-Indian(s) in violation of this Ordinance through the Tribal Court System.
a. Any non-Indian(s) who knowingly and willingly refuse to comply with a Tribal Court order for civil violation pursuant to this Ordinance shall be referred to the Federal Court System for further prosecution.
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 Te-Moak Western Shoshone Council is composed of 10 members of whom 6 Constitution a quorum were present at a duly held meeting on the 18th Day of May, 1993 and that the foregoing Ordinance was duly adopted at such meeting by an affirmative vote of 5 FOR 0 AGAINST 0 ABSTAIN, pursuant to the authority contained under Article 4, Section 3 (n) and Article 4, Section 12 (a); (b); (c); (f); and (g) of the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada and that said Ordinance has not been rescinded nor amended in any form.
Dale S. Malotte, Chairman
Te-Moak Western Shoshone Council
ORDINANCE NO. 93-ORD-TM-03
An Ordinance Repealing Ordinance 92-ORD-TM-01 to completely replace the Preamble section, in Section 4.1 Operations, delete Odgers Ranch and in Section 3.7 add a line (e).
BE IT ENACTED BY THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA, AS FOLLOWS;
That in accordance with Article 4, Section 3 (n) of the Constitution of the Te-Moak Tribe approved May 3) 1938 as amended on August 26, 1982 as organized under the Indian Reorganization Act of June 18, 1934 (48 Stat.) as amended by the Act of June 15, 1935.