GAMING FACILITY STANDARDS ORDINANCE (2021)

GAMING FACILITY STANDARDS ORDINANCE

Of The Hoopa Valley Tribe

Title 65

ORDINANCE NO.: 04-00

DATE APPROVED: July 20, 2000 and October 1, 2021

SUBJECT:

WHEREAS:

WHEREAS:

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WHEREAS:

Gaming Facility Standards Ordinance

The Hoopa Valley Tribe adopted its Constitution and Bylaws on June 20, 1972,

approved by the Commissioner of Indian Affairs on August 18, 1972, confirmed

and ratified by the United States Congress of October, 1988, in Public Law 100-

580, the Hoopa-Yurok Settlement Act, and thereafter on June 18, 1996;

The Hoopa Valley Tribal Council is the governing body of the Hoopa Valley

Tribe;

The Hoopa Valley Tribal Council is authorized to promulgate and enforce

ordinances governing the conduct of members and nonmembers of the Hoopa

Valley Indian Tribe;

The Hoopa Valley Tribe and the State of California entered into a tribal-state

gaming compact pursuant to the Indian Gaming Regulatory Act (25 U.S.C. §

2701 et seg.) in September 1999;

The voters of California approved Proposition 1A on March 7, 2000 thereby

amending the California Constitution to authorize the scope of gaming contained

in. the tribal-state gaming compact;

The Tribe and the State agreed to an amended compact executed on September 10

and October 19, 2018 (Compact);

The Compact at Sections 6.4.2 requires the Tribe to adopt and comply with

various standards; including, food and beverage handling standards; federal water

quality and safe drinking water standards; federal workplace and occupational

health and safety standards; to comply with tribal codes and other applicable

federal law regarding public health and safety; general anti-discrimination in

employment laws, including the Americans with Disabilities Act; state laws

prohibiting a gaming enterprise from cashing certain types of checks; state laws

regarding gratuitous or reduced price alcoholic beverages or food or lodging; state

laws regarding extensions of credit; and possession of firearms;

Gaming Facility Standards Ordinance Page |

Approved July 20, 2000

Amended October 1, 2021

NOW, THEREFORE, BE IT RESOLVED THAT: the enactment of this Ordinance promotes the

public health, safety, and welfare and is in the public interest.

BE IT FURTHER RESOLVED THAT: the Tribal Council hereby adopts the following

Ordinance in order to comply with the requirements of the Compact to the extent

the requirements of the Compact are authorized by IGRA.

§ 65.1 SHORT TITLE

This Ordinance shall be known as the Gaming Facility Standards Act or Title 65.

'§ 65.2 SCOPE

The scope of application of this Ordinance shall be limited to the Lucky Bear Casino or any

other Class III gaming facility operated under any Class III gaming compact between the Tribe

and the State of California.

§ 65.3 PURPOSE

The purpose of this Ordinance is to address the various standards, laws, and regulations required

by the tribal-state compact (“Compact”) in Sections 6.4.2 and 10.2 of the Compact.

§ 65.4 DEFINITIONS

65.4.1 “Council” means the Hoopa Valley Tribal Council as established by the Hoopa

Valley Tribal Constitution and Bylaws.

65.4.2 “Compact” means the Compact between the State of California and the Hoopa

Valley Tribe, executed on September 10 and October 19, 2018, as may be amended from

time to time. :

65.4.3 “Council” means the Hoopa Valley Tribal Council as established by the Hoopa

Valley Tribal Constitution and Bylaws.

65.4.4 “Employee” means a person employed directly by the Gaming Operation. An

independent contractor or vendor of the Gaming Operation or Gaming Facility is not an

Employee.

65.4.5 “Gaming Activity” means the Class III gaming activities authorized under the

Compact.

65.4.6 “Gaming Facility” means any building in which Gaming Activities or Gaming

Operations occur, or in which business records, receipts, or funds of the Gaming

Operation are maintained (excluding offsite facilities primarily dedicated to storage

of those records, and financial institutions), and all rooms, buildings, and areas,

including hotel parking lots, and walkways, a principal purposes of which is to

serve the activities of the Gaming Operation rather than providing that operation

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Amended October 1, 2021

with an incidental benefit. Nothing herein shall be construed to apply in a manner

that does not directly relate to the activities of the Gaming Operation.

65.4.7 “Gaming Operation” means the tribally-owned business enterprise that employs

persons to assist in the operation of the Gaming Facility and facilitate Gaming

Activities.

65.4.8 “State” means the State of California.

65.4.9 “Tipped Employee” means an Employee who, in the normal course of his or her

employment, regularly receives monetary gratuities from patrons in excess of the

actual amount due to participate in a Gaming Activity, for services rendered, or for

goods, food, drink, or articles sold or served.

65.4.10°Tribal Business Council” means the Tribal Council of the Hoopa Valley Tribe.

65.4.11“Tribe” means the Hoopa Valley Tribe, a federally-recognized Indian tribe.

Depending on the context, “Tribe” includes the Tribe’s elected or appointed

officials, employees, and agents.

§ 65.5 FOOD AND BEVERAGE HANDLING STANDARDS

Standards. The Tribe hereby adopts, incorporates by this reference and makes

‘applicable to all gaming facilities operated under any Class III gaming Compact between the

Tribe and the State of California standards no less stringent than the public health standards of

_ the State of California for food and beverage handling. The Tribe hereby delegates to the Hoopa

Valley Tribal Gaming Commission all necessary authority to adopt appropriate regulations and

enforce said standards, subject to prior approval by the Tribal Council.

Inspections. To assess compliance with the standards under of this Section, the Gaming

Operation shall allow during normal business hours of operation, inspection of food and

- beverage services in the Gaming Facility by State, County, federal or other independent (non-

* tribal governmental) health inspectors who provide evidence of authority demonstrating that the

inspector would have jurisdiction by for the Gaming Facility being on Indian lands, unless

inspections are routinely made by an agency of the United States government to ensure

compliance with equivalent standards of the United States Public Health Service.

Reports. Any report subsequent to an inspection or visit by the State, County,

federal or other independent (non-tribal governmental) health inspectors that includes any

deficiency finding or citation shall be transmitted within three (3) business days to the State

Gaming Agency and the Tribal Gaming Agency. All reports shall be made available to the State

Gaming Agency upon request.

§ 65.6 WATER QUALITY STANDARDS

Standards. The Tribe hereby adopts, incorporates by this reference and makes

applicable to all Gaming Facilities operated under any Class III gaming Compact between the

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Tribe and the State of California federal water quality and safe drinking water standards

applicable in California. The Tribe hereby delegates to the Tribal Environmental Protection

Agency working in conjunction with the Public Utilities District all necessary authority to adopt

appropriate regulations and enforce said standards, subject to prior approval by the Tribal

Council. Nothing herein shall serve to override any authority now contained in or granted by any

Self-Governance Compact between the Tribe and the United States Department of the Interior,

Bureau of Indian Affairs, or the Department of Health and Human Services, Indian Health

Services, or any designation of Treatment as a State by the Environmental Protection Agency for

purposes of the federal Clean Water Act.

Inspection. The Tribe will allow, during normal hours of operation, inspection and

testing of water quality at the Gaming Facility by non-tribal governmental inspectors that would

have jurisdiction but for the Gaming Facility being on Indian lands, to assess compliance with

*-. these standards, unless inspections and testing are routinely made by an agency of the United

States pursuant to federal law, or testing is routinely performed under the authority of the Tribe

in compliance with federal law, the results of which are routinely-provided to, and monitored by,

' an agency of the United States to ensure compliance with federal water “quality and safe drinking

water standards,

Reports. Any report or other writings by the non-tribal governmental inspector that

includes any deficiency finding or citation shall be transmitted within three (3) business days to

the State Gaming Agency and the Tribal Gaming Agency. All reports shall be made available to

the State Gaming Agency upon request.

§ 65.7 BUILDNG & SAFETY CODE STANDARDS

65.7.1Standards. The Gaming Facility shall comply with construction standards that

meet or exceed the Hoopa Valley Tribe Uniform Building Code Ordinance, as

_ amended July 20, 2000. “Building official” and “code enforcement agency” shall

~ mean the Gaming Commission, or such other agency or official as the Tribal

Business Council may designate from time to time. The Gaming Facility and

construction expansion, improvement, modification or renovation will also comply

with Title II] of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et

seq. . 7

65.7.2 Inspections. To assess compliance with the standards under Section 65.7.1 in all

cases where those codes would otherwise require a permit, the Tribe shall require

inspections and, in connection with such inspections: :

(a) The Tribe shall employ, for any Gaming Facility construction, qualified

plan checkers or review firms. Such plan checkers or review firms must be

either California-licensed architects or engineers or International Code

Council (ICC)-certified building inspectors with relevant experience, or

California licensed architects, engineers or ICC-certified building

inspectors on the list, if any, of approved plan checkers or review firms

provided by the County.

(b) The Tribe shall also employ qualified project inspectors. To be qualified as

a project inspector, project inspectors must possess the same qualifications

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Approved July 20, 2000

Amended October 1, 2021

(c)

and certifications as project inspectors used by the County.

These plan checkers, review firms and project inspectors shall be

considered “Inspectors” for purposes of assessing compliance with these

construction standards. Inspectors are required to report any failure to

comply with these standards to the Tribal Gaming Agency and the State

Gaming Agency within (30) days after the discovery thereof.

65.7.3 Reports & Corrective Action.

The Gaming Operation shall:

(a)

(b)

(c)

require plan checkers, review firms, and project inspectors conducting the

inspections required under Section 65.7.2(a) to maintain contemporaneous

records of all inspections and report in writing any failure to comply with

the standards under Section 65.7.1 to the Gaming Commission and, if such

failure is not remedied within 30 days of notice of the same to the Gaming

Commission, to the State Gaming Agency;

require any independent expert conducting the inspection required under

Section 65.7.2(b) to issue to the Gaming Commission and State Gaming

Agency (i) a report identifying any deficiency in fire or life safety or in the

ability of the Gaming Operation to meet reasonably expected fire

suppression needs within the sooner of 15 days after completion of the

inspection or 30 days after commencement of the inspection; (ii) within 30

days after the issuance of the report, a plan for correcting any deficiencies;

and (iii) written certification of the correction of any deficiencies,

immediately upon their correction; and

The Tribe shall enforce these standards, in accordance with Compact,

section 6.4.2, and promptly notify the State Gaming Agency of

circumstance that pose a serious and significant risk to the health or safety

of occupants and take prompt action to correct such circumstances.

§ 65.8 WORKPLACE AND OCCUPATIONAL HEALTH & SAFETY STANDARDS

The Tribe hereby adopts, incorporates by this reference and makes applicable to all gaming

facilities operated under any Class III gaming Compact between the Tribe and the State of

California workplace and occupational health and safety standards no less stringent than those

established under federal law. The Tribe hereby delegates to the Hoopa Valley Tribal Gaming

Commission and the Gaming Facility Human Resources Department all necessary authority to

adopt appropriate regulations and enforce those standards.

§ 65.9 HEALTH & SAFETY STANDARDS

The Tribe hereby adopts as Tribal standards all relevant federal health and safety standards for

which there is not an express Tribal standard and for which there is a comparable State standard

that would apply to the Tribe’s Gaming Facilities but for the Gaming Facilities being on Indian

lands.

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Approved July 20, 2000

Amended October 1, 2021

§ 65.10 LABOR & EMPLOYMENT STANDARDS & INDIAN PREFERENCE

All gaming facilities operated under any Class III] gaming Compact between the Tribe and the

State of California shall comply with the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., the

United States Department of Labor regulations implementing the Fair Labor Standards Act, 29

C.F .R. § 500 et seq., and, as applicable, the State's minimum wage rates as adjusted in

California Labor Code section 1182.12. However, only the federal minimum wages laws set

forth in the F air Labor Standards Act, 29 Code of Federal Regulations, part 500 et seq., shall

apply to tipped employees.

‘All gaming facilities operated under any Class III gaming Compact between the Tribe and the

State of California shall not discriminate in the employment of persons to work for the Gaming

Operation or Facility on the basis of race, color, religion, national origin, gender, sexual

orientation, age, or disability, provided, that nothing herein shall override or repeal the

provisions of the Employment Discrimination Complaint Resolution Ordinance regarding Indian

Preference.

It is the policy of the Tribe to grant Indian Preference in hiring, promotion and retention, all

subject to meeting or being capable of meeting minimum job qualifications. Any alleged

violations of this section shall be subject to the jurisdiction of the Tribal Employment Rights

Commission and any claims shall be brought in accordance with the Tribal Employment Rights

Ordinance and the rules or regulations of the Tribal Employment Rights Cominission,

§ 65.11 CHECK CASHING

All gaming facilities operated under any Class III gaming Compact between the Tribe and the

State of California shall not cash any check drawn against a federal, state, county, or city fund,

including but not limited to, Social Security, unemployment insurance, disability payments or

public assistance payments. -

§ 65.12 ALCOHOLIC BEVERAGES

All gaming facilities operated under any Class III gaming Compact between the Tribe and the

~ State of California shall comply with applicable standards for service of alcoholic beverages,

including any applicable licensing requirements and prohibitions against serving of

complimentary alcoholic beverages to patrons.

§ 65.13 EXTENSION OF CREDIT

All gaming facilities operated under arty Class III gaming Compact between the Tribe and the

State of California shall not extend credit to patrons except in accordance with regulations

promulgated by the Hoopa Valley Tribal Gaming Commission and approved by the Tribal

Council which shall be no less stringent than the laws of the State of California, if any,

prohibiting the extension of credit.

§ 65.14 BANK SECRECY ACT

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Amended October 1, 2021

All gaming facilities operated under any Class III gaming Compact between the Tribe and the

State of California shall comply with the applicable provisions of the Bank Secrecy Act, 31

U.S.C. §§ 5311-5314, as amended, and all applicable reporting requirements of the Internal

Revenue Service regarding gambling establishments, and any applicable Minimum Internal

Control Standards promulgated by the National Indian Gaming Commission.

§ 65.15 POSSESSION OF FIREARMS

The Tribe officially declares its policy of permitting law enforcement officers of the Hoopa

Valley Tribal Police Department and qualified security personnel to carry firearms on the

premises of Tribal gaming facilities, provided that all other persons are prohibited from

possessing firearms on the premises of Tribal gaming facilities.

§ 65.16 SEVERABILITY

- Tf any part of this Ordinance is held to be invalid the remainder shall remain in full force and

effect to the maximum extent possible.

§ 65.17 SOVEREIGN IMMUNITY

Nothing in this Ordinance shall be deemed to waive the sovereign immunity of the Hoopa Valley

Tribe or any of its enterprises, officers, agents, or employees.

§ 65.18 EFFECTIVE DATE; AMENDMENT

This:Ordinance shall take effect upon its adoption by the Tribal Council. This Ordinance may be

amended as provided in accordance in the Legislative Procedures: Act and as such Act is

hereafter amended. .

- Gaming Facility Standards Ordinance Page 7

Approved July 20, 2000

Amended October [, 2021

CERTIFICATION

1, the undersigned, as Chairman of the Hoopa Valley Tribal Council, do hereby certify that the

Hoopa Valley Tribal Council is composed of eight (8) members, of which seven (7) were poll

voted, constituting a quorum and held this 29"" day of September 2021 and approved this 1! day

of October 202] thereof; and was reaffirmed at a Regular Meeting held October 7, 2021; and this

Ordinance was duly adopted under the Emergency LPA process, Title 6 of the Hoopa Valley

Tribe. The Hoopa Valley Tribe composed of eight (8) members, of which seven (7) were

present, constituting a quorum at a Regular Meeting thereof, duly and regularly called, noticed,

convened and held this 4" day of November 2021; and final approval occurred and this

Ordinance was duly adopted by a vote of six (6) in favor with zero (0) opposed and zero(0)

abstaining, and that said Ordinance has not been rescinded or amended in any way.

Dated this fourth day of November 2021.

ied

I6e Davis, Chairman

Hoopa Valley Tribal Council

Attest: ide (Dang,

Amber Turner, Executive Secretary

Hoopa Valley Tribal Council

Gaming Facility Standards Ordinance Page 8

Approved July 20, 2000

Amended October 1, 2021