8-K

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): August 30, 2005

River Rock Entertainment Authority

(Exact name of registrant as specified in its charter)

Not Applicable	333-115186	68-0490898
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)

3250 Highway 128 East Geyserville, California	95441
(Address of principal executive offices)	(Zip Code)

(707) 857-2777
(Registrant’s telephone number, including area code)

Not Applicable
(Former name or former address, if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

   Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 8.01. Other Events.

     On August 25, 2005, the California Department of Alcoholic Beverage Control (“ABC”) reversed its earlier determination that an alcohol license could not be issued to River Rock Casino (the “Casino”). The denial was based solely on its finding that a technical building code violation would occur if alcohol were served on the premises. A lawful certificate of occupancy for the Casino had been issued that deemed the premises suitable for serving alcohol, but the ABC disregarded the certificate. Instead, it chose to rely on a report by the State Fire Marshall in which he opined that the building official had mistakenly interpreted the building code in issuing the occupancy certificate. The Dry Creek Rancheria Band of Pomo Indians (the “Tribe”) challenged that report in an administrative proceeding.

     Following a two-day hearing in May, 2005, the administrative law judge found that the building official had not misapplied the code, that the certificate of occupancy had been properly issued, and that the certificate of occupancy should not have been disregarded by the ABC. The judge recommended that the ABC reverse itself and grant the alcohol license, subject to the outcome of any protests that had been filed by local residents. A hearing on those protests had been delayed pending the outcome of the hearing on the building code issue. The ABC had earlier rejected the objections of the protestors, but they have a right to a hearing on their protests.

     The ABC has agreed to adopt the judge's decision and to issue an alcohol license for the Casino, subject to a favorable disposition of the protests. Unless appealed, the decision of the ABC to issue the license will become effective on October 11, 2005, but the license will not transfer until the protests have been heard by an administrative law judge and a decision favorable to the Tribe on the protests has been issued.

     The dates for hearing the protests have not yet been set. As a result of the evidence and arguments presented by the protestors, the ABC could determine that an alcohol license should not be issued to the Casino, or could limit the scope of any license that it determines should be issued.

     The Authority has furnished the press release announcing this determination and the Department's August 25, 2005 order as Exhibits 99.1 and 99.2, respectively, to this Form 8-K. The information in this report and Exhibits 99.1 and 99.2 shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liability of that section, or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

Item 9.01. Financial Statements and Exhibits.

     (c) Exhibits.

EXHIBIT	DESCRIPTION
99.1	Press Release of River Rock Entertainment Authority dated September 2, 2005.
99.2	Decision of the California Department of Alcoholic Beverage Control dated August 25, 2005.

SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Date: September 2, 2005

River Rock Entertainment Authority
By:	/s/ Douglas Searle
	Douglas Searle Chief Executive Officer

EX-99.1

                                                                    EXHIBIT 99.1


                  RIVER ROCK ENTERTAINMENT AUTHORITY ANNOUNCES
               DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL DECISION

         Geyserville, CA. September 2, 2005 - The River Rock Entertainment
Authority (the "Authority"), the operator of the River Rock Casino in Sonoma
County, California, today announced that on August 25, 2005, the California
Department of Alcoholic Beverage Control ("ABC") reversed its earlier
determination that an alcohol license could not be issued to the River Rock
Casino (the "Casino"). The denial was based solely on its finding that a
technical building code violation would occur if alcohol were served on the
premises. A lawful certificate of occupancy for the Casino had been issued that
deemed the premises suitable for serving alcohol, but the ABC disregarded the
certificate. Instead, it chose to rely on a report by the State Fire Marshall in
which he opined that the building official had mistakenly interpreted the
building code in issuing the occupancy certificate. The Dry Creek Rancheria Band
of Pomo Indians (the "Tribe") challenged that report in an administrative
proceeding.

         Following a two-day hearing in May, 2005, the administrative law judge
found that the building official had not misapplied the code, that the
certificate of occupancy had been properly issued, and that the certificate of
occupancy should not have been disregarded by the ABC. The judge recommended
that the ABC reverse itself and grant the alcohol license, subject to the
outcome of any protests that had been filed by local residents. A hearing on
those protests had been delayed pending the outcome of the hearing on the
building code issue. The ABC had earlier rejected the objections of the
protestors, but they have a right to a hearing on their protests.

         The ABC has agreed to adopt the judge's decision and to issue an
alcohol license for the Casino, subject to a favorable disposition of the
protests. Unless appealed, the decision of the ABC to issue the license will
become effective on October 11, 2005, but the license will not transfer until
the protests have been heard by an administrative law judge and a decision
favorable to the Tribe on the protests has been issued.

         The dates for hearing the protests have not yet been set. As a result
of the evidence and arguments presented by the protestors, the ABC could
determine that an alcohol license should not be issued to the Casino, or could
limit the scope of any license that it determines should be issued.

RIVER ROCK ENTERTAINMENT AUTHORITY

We are a Tribal governmental instrumentality of the Dry Creek Rancheria Band of
Pomo Indians (the "Tribe"), a federally recognized self-governing Indian tribe.
The Tribe has 768 enrolled members and approximately 75-acre reservation in
Sonoma County, California. We own and operate the River Rock Casino, a 68,000
square foot facility which is on the reservation and overlooks the scenic
Alexander Valley, 75 miles north of San Francisco. River Rock Casino features
35,500 square feet of gaming space containing 1,600 slot and video poker
machines, as well as two full-service restaurants.

FORWARD-LOOKING STATEMENTS

This release contains certain "forward-looking statements" within the meaning of
the Unites States Private Securities Litigation Reform Act of 1995. Whenever you
read a statement that is not simply a statement of historical fact (such as when
we describe what we "believe," "expect" or "anticipate will occur and other
similar statements), you must remember that our expectations may not be correct,
even though we believe they are reasonable. We do not guarantee that the
transactions and events described in this press release will happen as described
(or that they will happen at all). You should read this press release completely
and with the understanding that actual future results may be materially
different from what we expect. We will not update these forward-looking
statements, even though our situation will change in the future.





Whether actual results will conform to our expectations and predictions is
subject to a number or risks and uncertainties, including:

     o    Our financial performance

     o    Our dependence on a single gaming site

     o    Our levels of leverage and ability to meet our debt service and other
          obligations

     o    General local, domestic and global economic conditions

     o    Changes in federal or state tax laws or regulations, including the
          Compact

     o    Maintenance of licenses required under gaming laws and regulations and
          construction permits and approvals required under applicable laws and
          regulations; and

     o    Development of new competitive gaming properties.


Contact:
Douglas Searle, Chief Executive Officer
River Rock Entertainment Authority
(707) 857-2702

EX-99.2

                                                                    EXHIBIT 99.2
                              STATE OF CALIFORNIA
                    DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL




                             CERTIFICATE OF DECISION



                                                      FILE : 47 - 396835
                                                      REG. : 04058060.


It is hereby certified that the Department of Alcoholic Beverage Control, having
reviewed the findings of fact, determination of issues and recommendation in the
attached proposed decision submitted by an Administrative Law Judge of the
Administrative Hearing Office, adopted said proposed decision as its decision in
the case therein described on August 25, 2005.




             THIS DECISION SHALL BECOME OPERATIVE OCTOBER 11, 2005.





Sacramento, California

Dated: August 25, 2005




                                                   Rheba Chastain
                                          ----------------------------------
                                          Supervisor, Hearing and Legal Unit


Any appeal of this decision must be made in accordance with Chapter 1.5,
Articles 3, 4 and 5, Division 9 of the Business and Professions Code. For
further information, call the Alcoholic Beverage Control Appeals Board at (916)
445-4005, or mail your written appeal to the Alcoholic Beverage Control Appeals
Board, 300 Capital Mall, Suite 1245, Sacramento, CA 95814.




                                                                 RECEIVED
                                                               AUG 05 2005
                                                          Hearing and Legal Unit
                                                            Dept. of Alcoholic
                                                             Beverage Control
                                                                SACRAMENTO

                                   BEFORE THE
                    DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
                           OF THE STATE OF CALIFORNIA

IN THE MATTER OF THE PETITION(1) OF:          }     FILE: 47-396835
                                              }
 Dry Creek Rancheria of Pomo Indians          }     REG: 04058060
 dba River Rock Casino                        }
 3250 Highway 128 East                        }     LICENSE TYPE: 47
 Geyserville, CA 95441                        }
                                              }     PAGES: 419
 For the Person-to-Person and                 }
 Premises-to-Premises Transfer                }     REPORTERS:
 of an On-sale Bona Fide Public               }
 Eating-place License                         }
                                              }     Cindy Lambert (2/1/05)
                                              }     Malinda Hentz (5/18/05)
                                              }      Vicki Walker (5/19/05)
                                              }       Atkinson-Baker
                                              }
Under the Alcoholic Beverage Control Act.    }    PROPOSED DECISION

Administrative Law Judge John P. McCarthy [ALJ], Administrative Hearing Office,
Department of Alcoholic Beverage Control, heard this matter on February 1, May
18, and May 19, 2005, at Geyserville, California.

Thomas M. Allen, Staff Counsel, represented the Department of Alcoholic Beverage
Control [Department].

Petitioner Dry Creek Rancheria of Pomo Indians [variously Petitioner, Applicant,
Dry Creek Rancheria, Tribe] was represented by Jerome L. Levine, Rory E. Dilweg
and Richard H. Lee, Attorneys-at-Law.

Oral and documentary evidence on the record was received at the hearing and the
matter was argued and submitted for decision as of June 22, 2005.(2)

- ----------------
(1) There are also some 68 or 69 verified protests against transfer to
Petitioner of the subject license. On motion of Petitioner in January 2005, the
petition and protest matters were bifurcated, since the protest matters become
of interest if, and only if, Petitioner succeeds in the within bifurcated
petition matter.

(2) Submission was delayed until June 22, 2005, to permit the parties to submit
written closing argument. Petitioner's Post-Hearing Brief was received on
schedule and has been marked as Exhibit S. Department's Post-Hearing Brief was
received on schedule and has been marked as Exhibit 11. Petitioner's
Post-Hearing Reply Brief was received on schedule and has been marked as
Exhibit T.




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                                     ISSUES
                                     ------

1. Will transfer of the applied-for license to Petitioner at the existing
River Rock Casino cause the proposed premises to be in violation of fire
safety/building code standards of the applicable Uniform Building Code?
(Exhibit 1.)

2. Will transfer of the applied-for on-sale license put the public at risk by
allowing consumption of alcoholic beverages at a premises that does not meet
applicable fire safety standards? (Id.)

3. Will transfer of the license as requested be contrary to public welfare or
morals?

                                FINDINGS OF FACT
                                ----------------

THE APPLICATION

1. The pending application was filed with the Department on or about February 4,
2003, and is for the transfer, both person-to-person and premises-to-premises,
of an existing On-sale General Bona Fide Public Eating-place License (type 47)
to Applicant, doing business as River Rock Casino, for premises located at 3250
Highway 128 East in Geyserville (Alexander Valley), California [Proposed
Premises]. (Exhibit A.)

2. A type 47 license authorizes the sale, service and consumption of beer, wine
and distilled spirits on licensed premises operated as a bona fide public
eating-place.(3)

3. During the Department's investigation into the within application the
Proposed Premises opened for business as the River Rock Casino without selling
or serving alcoholic beverages to the public. The Proposed Premises had been
recently constructed and has not been licensed by the Department in the past.

4. The Department concluded its investigation into Petitioner's application to
transfer the license sometime in August 2004. Shortly thereafter a Notice of
Denial issued giving notice to Petitioner of the Department's intention to deny
its application. The Notice of Denial is not in the record, but the Statement of
Issues it contained is part of both Exhibits 1 and A. Despite the existence of
68 or 69 verified citizen and public official protests alleging at least 18
reasons for denying

- ---------------
(3) See California Business and Professions Code Section 23038.







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transfer of the license (see Exhibit A), the matters noted above under "Issues"
set forth the only grounds on which the Department based its determination to
deny the application. (Id.) They are the only issues to be addressed herein.

CALIFORNIA - DRY CREEK RANCBERIA COMPACT

5. In September 1999, the State of California and the Dry Creek Rancheria
entered into what is called the Tribal-State Compact between The State of
California and the Dry Creek Rancheria of Pomo Indians [Compact]. (Exhibit 1.)
It includes 40 pages, Addendums A (5 pages) and B (1 page) and evidence of
compliance with Addendum B (12 pages), relating to the Model Tribal Labor
Relations Ordinance. (Id.) The Compact governs most of the formal relations
between the State and the Tribe and an agreement of that sort is required by
federal law for the Tribe to offer Class III gaming at a facility on its tribal
land. California Government Code Section 12012.25(a)(16) evidences ratification
of the Compact by the State of California.

BACKGROUND INFORMATION

6. The Proposed Premises is located on Federal Tribal Land off a rural highway
in Geyserville, Sonoma County, Alexander Valley, California. The casino's type
of construction is "a semi-permanent sprung structure." The entire casino
measures approximately 350 feet by 211 feet, all-inclusive. It appears to
consist of two attached oblong structures and at least one exterior patio area
containing an undetermined total square footage, estimated to be a bit over
63,000 square feet. (Exhibits 3 and 4.) Included in the larger of the two
attached oblong structures are a reception area, 4 fixed bars, a restaurant with
patio, a separate pizza preparation/serving area, an area identified for "wine
tasting," a large open space for table games/slot machines/events,
money-counting offices, storage facilities and other office areas. (Exhibit 3.)
Exhibit 3 clearly identifies by name each of the above-described areas. In the
smaller of the two structures are restrooms for men, women and employees, open
space designated for slot machines, and a complete kitchen, food storage and
scullery area. (Id.) The space connecting the two structures includes storage
and closet facilities, passageways between the two structures, and a room
designated for surveillance. (Id.) Permitted occupancy for the entire casino is
estimated to just exceed 3,000 persons.(4)




- -------------------
(4) The estimate is that of assigned Department Investigator Scott Warnock.
Exhibit B, the Certificate of Occupancy for the Proposed Premises indicates the
occupancy load to be 3,919.







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THE DEPARTMENT'S INVESTIGATION AND DENIAL

7. Because one of the protesters raised an issue as to whether the Proposed
Premises is in compliance with applicable fire safety standards, the assigned
Department Investigator, now Supervising Investigator Scott Warnock [Warnock]
undertook to investigate that issue. He first contacted representatives of
Petitioner to see if he would be permitted to bring the Sonoma County Fire Chief
onto tribal land to inspect the Proposed Premises. Warnock was told that
permission would be denied due to a pending court action. Petitioner's
representative suggested to Warnock that an inspection by the California State
Fire Marshal would be acceptable. Such a request was made of the State Fire
Marshal and an inspection was arranged. That inspection took place, according to
a report of the State Fire Marshal dated June 10, 2004, on May 27, 2004.
(Exhibit 9.)

8. Investigator Warnock apparently made no effort during his investigation into
fire safety/building code compliance to determine if Petitioner, in building the
Proposed Premises structure(s), satisfied the various requirements outlined in
Sections 6.4.2(b) and 6.4.2(c) of the Compact. He testified he "wasn't trying to
determine if they had followed anything."

9. Warnock was provided by representatives of Petitioner with a draft letter
purportedly prepared by Leon B. Manuel, Jr., [Manuel] the Dry Creek Rancheria's
Building Officer, that provided a brief summary of Manuel's experience,
testified to the fire safety aspects and Uniform Building Code-1997 [UBC]
compliance of the Proposed Premises and indicated that a Certificate of
Occupancy had been issued for the casino. (Exhibit A, pages numbered 23-25 at
top right of exhibit.) Interestingly, as indicated, the letter is clearly marked
"draft." It is not signed and makes reference to an "Attachment A" that is not
present, at least with the draft letter attached to Exhibit A. Warnock did not
give the letter much, if any, credence because Manuel was believed by Warnock to
be a tribal insider. Warnock testified that Petitioner's representatives
indicated their willingness to provide the letter to him in final form, but he
advised he was not interested in the letter in final form.

10. As a result of investigation and inspection of the Proposed Premises by
representatives of the California State Fire Marshal, the Proposed Premises as
of May 27, 2004, was found to be in compliance with fire safety elements of the
UBC, as to its size, occupancy and use. (Exhibit 9.) Relying on Sections 508 and
904.2.3.1 of the UBC, the Report of the State Fire Marshal concluded that
addition of alcoholic beverages consumption at the Proposed Premises would place
the







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Proposed Premises out of compliance with the fire safety provisions of the
UBC.(5) (Id.) It was on the basis of that Exhibit 9 conclusion of the State Fire
Marshal that Investigator Warnock recommended and the Department determined to
deny Petitioner's application.

CASINO CONSTRUCTION-CODE COMPLIANCE

11. Pursuant to the Compact, Petitioner established the Dry Creek Gaming
Commission prior to construction of the River Rock Casino gaming facility.
Chairperson of the Dry Creek Gaming Commission is Vicki Wattles.

12. Prior to construction of the River Rock Casino, and pursuant to the Compact,
Petitioner adopted the Dry Creek Gaming Facility Building and Safety Ordinance.
(Exhibit F.) The Dry Creek Gaming Facility Building and Safety Ordinance adopts
the UBC as the standard for construction of the Tribe's River Rock Casino gaming
facility.

13. Petitioner intended to comply with the Dry Creek Gaming Facility Building
and Safety Ordinance in construction of its gaming facility, the River Rock
Casino.

14. The River Rock Casino gaming facility was designed by FFKR Architects and
Planners, J. David Giles, Project Architect. (See Exhibit H.) Stantec
Consulting, Inc, [Stantec] provided Leon B. Manuel, Jr., [Manuel] to the gaming
facility project. (See Exhibits Q and R.) Manuel served the Dry Creek Gaming
Commission as its Building Official, building inspector and fire code
official.(6) The General Contractor for the gaming facility was Swinerton
Builders, Terry M. McKellips, Senior Project Manager. (See Exhibit G.)

15. Construction on the River Rock Casino gaming facility commenced in early
2002. Manuel remained as Tribal Building Official, building inspector and fire
code official during the entire duration of the construction and through the
within hearing. He reviewed all architectural drawings and plans, issued all
building permits, performed all inspections and, in conjunction with the
responsible

- ------------
(5) Representatives of the State Fire Marshal had been inspecting and reporting
upon River Rock Casino's compliance with UBC/California Building Code on a
number of occasions prior to their being contacted by the Department of
Alcoholic Beverage Control in connection with the within application. Those
inspections had been at the request of the California Attorney General,
presumably pursuant to the "meet and confer" requirement of Section 6.4.2(d) of
the Compact. Earlier reports had been generated in that process. (See Exhibits
6, 7 and 8.)

(6) Manuel is also the Tribe's fire chief.







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architectural/construction persons, performed the final, as built, Code Analysis
shown on Exhibit D. The Code Analysis considered in detail the building's total
square footage, type of construction, various occupant loads and
classifications, exit widths, occupancy separations, and fire protection
systems. (Exhibit D.)

16. Construction on the River Rock Casino gaming facility was completed and,
pursuant to Section 6.4.2(c) of the Compact, a Certificate of Occupancy issued
from the Dry Creek Gaming Commission on October 28, 2003. (Exhibit B.) The
Certificate of Occupancy, by its terms, finds the building to be in compliance
with the Dry Creek Rancheria Building Code (UBC) for uses and occupancies that
include use as a restaurant and bar. (Id.)

17. In certifying the River Rock Casino to be in full compliance with the fire
and life safety elements of the UBC, Manuel employed a provision of the UBC
entitled, "Alternate materials, alternate design and methods of construction,"
section 104.2.8. (Exhibit C, page 1-2, stapled out of order in the exhibit.)
That section serves as a substitute for the traditional code analysis by
permitting one to look at "equivalencies." Manuel explained his basis for using
that section in some level of detail in Exhibit J. He listed in the document 22
of the most important characteristics of the building's construction and six
statements of equivalency to justify the conclusion he reached. (Exhibit J.)
Manuel's analysis included consideration that alcoholic beverages would be
consumed inside. (Exhibit J, first paragraph under "Discussion," page 1 in
2/28/03 letter; see also Exhibit 3, areas on diagram described as bar,
bar-seating, wine bar, wine tasting and two service bars, and Exhibit D, bar
and wine tasting shown under Occupant Load.) The building does have an automatic
sprinkler system as required by Section 904.2.3.1.

18. Having used the Section 104.2.8 analysis, Manuel did not use the existence
of automatic sprinklers to obtain an allowable area increase or as a substitute
for fire resistive construction as permitted alternately by sections 505.3,
and/or 508.

INDEPENDENT CODE ANALYSIS

19. An independent analysis of code compliance for the River Rock Casino
structure was prepared by Rolf Jensen & Associates [RJA] on or about May 27,
2003, prior to issuance of the Certificate of Occupancy. According to RJA
official Donald Moeller, the engagement of RJA to perform an independent code
analysis was the result of some issues between the State Fire Marshal/State
Attorney General and the Tribe. RJA was selected from a list, provided the Tribe
by the State Fire Marshal, of possible independent firms to provide such an
analysis. The RJA analysis and report was made with full knowledge that
alcoholic beverages







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would be served inside. (Exhibits 3 and L, page 1.) While the RJA report,
Exhibit L, is a bit equivocal, the principal conclusion was that the analysis
and justification of Leon Manuel, the Building Official for the project, was a
reasonable one and "that the features provided in this building, ... , could
be judged to provide protection equivalent to that of a ... building complying
with the 1997 Uniform Building Code." (Exhibit L, page 10.)

20. Later, in early 2005, RJA was apparently asked to respond to the report the
State Fire Marshal prepared for the Department, Exhibit 9, specifically on the
issue of adding consumption of alcoholic beverages to the uses at the River Rock
Casino. RJA came to a conclusion different from the State Fire Marshal in
Exhibit 9. (Exhibit M.)

SUPPLEMENTAL FINDINGS

21. Hugh Council, the Department's principal code expert witness and the senior
representative of the State Fire Marshal who testified at the hearing, testified
that the UBC permits an alternative methods analysis under Section 104.2.8.
Council testified that competent experts in the field would not always agree
about application of the UBC and fire safety matters. He also testified that he
recognized that Leon Manuel held various positions in connection with the River
Rock Casino project that made him the responsible person for rendering the
judgments in question about compliance with the UBC and fire and life safety
matters.

22. Except as set forth in this Decision, all other allegations in the Statement
of Issues and all other contentions of the parties lack merit or constitute
surplusage.

                                LEGAL CONCLUSIONS

1. Article XX, Section 22 of the California Constitution delegates to the
Department of Alcoholic Beverage Control the exclusive power to license the sale
of alcoholic beverages in this State. Section 10.5 of the Compact requires
Petitioner to follow "applicable law" concerning standards for serving alcoholic
beverages and to "[a]dopt and comply with standards that are no less stringent
than state laws, if any, prohibiting a gaming enterprise from providing,
allowing, contracting to provide, or arranging to provide alcoholic
beverages ... [free of charge] as an incentive or enticement." (Compact,
ss.10.2(i).)







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2. California Business and Professions Code Section 23958 requires the
Department to conduct a thorough investigation to determine if, among other
things, "the premises for which a license is applied qualify for a
license, ... the provisions of [the ABC Act] have been complied
with, ... [or if there are] any matters connected therewith which may affect
the public welfare and morals." It provides, in part, that "[t]he department
shall deny an application ... for a transfer of a license if... the
premises ... do[es] not qualify for a license under the [Act]."

3. In a petition matter the burden of establishing entitlement to the Department
action sought is upon the Petitioner.

4. Compact Section 6.4.2(b) requires that all gaming facilities of the tribe
built after agreement on the Compact (September 1999) shall meet the building
and safety codes of the Tribe. Those building and safety codes were to have been
modified so that they meet the standards of the county within which the facility
sits or the Uniform Building Codes, including the fire code, then in effect. The
subsection includes the following language, "... provided that nothing herein
shall be deemed to confer jurisdiction upon any County or the State with respect
to any reference to such building and safety codes. " (Emphasis added.)

5. Compact Section 6.4.2(c) requires that a certificate of occupancy be issued
by the Tribal Gaming Agency prior to occupancy of the building if the building
had not been used for any gaming activities prior to the effective date of the
Compact. It requires inspections by qualified building and safety experts under
the direction of the Tribal Gaming Agency as the basis for issuing the
certificate. "The Tribal Gaming Agency shall determine and certify
that, ... the Facility meets the Tribe's building and safety code. ..."

6. A preponderance of the evidence presented at the hearing established that
Petitioner substantially complied with each and every Compact requirement
concerning building codes and public safety as set forth above in Legal
Conclusions, paragraphs 4 and 5. No issue was raised as to the qualifications of
Leon Manuel, Jr., to serve as the building official and in the building scheme
contemplated by the Compact it is Manuel who was responsible, in this project,
for making all the inspections and determinations.

7. Compact Section 6.4.2(d) requires the State to designate an agent or agents
to be noticed concerning any such inspections by the Tribal Gaming Agency's
experts and gives permission for the State's agent(s) to accompany any such
inspection. "The Tribe agrees to correct any Gaming Facility condition noted in







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an inspection that does not meet the standards set forth in subdivisions (b) and
(c)." The section provides for exchange of reports of inspections and upon final
certification by the Tribal Gaming Agency provides a time limit for forwarding
the certification to the State. "If the State's agent objects to that
certification, the Tribe shall make a good faith effort to address the State's
concerns, but if the State does not withdraw its objection, the matter will be
resolved in accordance with the dispute resolution provisions of Section 9.0. "
(Emphasis added.)

8. Very little evidence was presented as to full compliance with Compact Section
6.4.2(d). It may be that the final Tribal certifications for the River Rock
Casino were not forwarded to the State's experts as required. However, no claim
was made that the Tribe failed in that regard. No evidence was presented that
the State representative(s) objected to the Certificate of Occupancy in a timely
fashion pursuant to the Compact and invoked the dispute resolution provision of
Section 9.0 of the Compact. The evidence suggests (see Exhibit 9's conclusion on
June 10, 2004, that the casino structure is in full compliance with all building
and safety codes, albeit without service of alcoholic beverages) the State found
no issue with the safety of the building until well after the October 28, 2003,
issuance of the Certificate of Occupancy. The Certificate of Occupancy (Exhibit
B) and the final, as built, Code Analysis (Exhibit D) both clearly contemplate
service of alcoholic beverages, as did the only complete building diagram
received in evidence (Exhibit 3).

9. Giving tribal sovereignty its due and recognizing the Compact as the
principal vehicle for adjusting grievances between Petitioner and the State, it
is not necessary to determine which interpretation of the UBC is correct, that
of Hugh Council and the State Fire Marshal or that of Leon Manuel, the Tribal
Gaming Agency and RJA. One could, and the parties have, argued legitimately in
favor of each. The point is that Manuel and the Tribal Agency were charged in
the Compact with making the determinations. Even Council agrees with that. Their
certification should be given full effect, absent evidence suggesting
invocation of the dispute resolution machinery provided by the Compact.(7) To
conclude differently would permit the Department of Alcoholic Beverage Control
to analyze building code/fire safety compliance in the abstract, from scratch,
and to thereby permit it to second-guess the persons rightfully charged with
making the determinations in the first instance. The Department has broad
discretion in its Constitutional mandate to protect the public welfare and
morals, but its discretion is not unlimited. In many years of Department
service, the court has never before seen a Notice of Denial hinge solely on the
opinion of an outside "expert" that a

- -----------
(7) In any event, it is unclear and most unlikely that this would be the
appropriate forum for such a claim.







Dry Creek Rancheria of Pomo Indians
47-396835
05058060
Page 10

certificate of occupancy, duly issued by the responsible authority, should be
discounted. In this case, where the relationship between the State and
Petitioner is so meticulously defined by the Compact, to extend the Department's
discretion into building and safety code compliance, areas specifically covered
by the Compact, goes too far.

10. A preponderance of the evidence established that transfer of the applied-for
license to Petitioner at the existing River Rock Casino would not result in
licensure of a premises that is in violation of fire safety/building code
standards of the applicable Uniform Building Code.

11. Transfer of the applied-for license to Petitioner at the existing River Rock
Casino will not put the public at risk by allowing consumption of alcoholic
beverages at a premises that does not meet applicable fire safety standards.

12. Transfer of the applied-for license to Petitioner at the existing River Rock
Casino will not be inimical to public welfare or morals.

                                      ORDER
                                      -----

The petition of Applicant Dry Creek Rancheria of Pomo Indians is granted and the
license shall transfer subject to disposition favorable to Petitioner of all the
protest issues that were separated from this petition portion of the matter.

Dated: July 26, 2005

                                        /s/ John P. McCarthy
                                        ---------------------------
                                        John P. McCarthy
                                        Administrative Law Judge



STATE OF CALIFORNIA -- BUSINESS
TRANSPORTATION AND HOUSING AGENCY               ARNOLD SCHWARZENEGGER, GOVERNOR
================================================================================

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL                    [seal]
Administrative Hearing Office
2277 Fair Oaks Boulevard, Suite 415
Sacramento, Calfomia 95825
(916) 263-7963
                                January 24, 2005


VIA FAX TO ADDRESSEES AND FIRST CLASS MAIL TO ALL


                                                                   
Alex R. Baghdassarian, Esq.           Brook Dooley, Esq.                 John R. Peirce
Holland & Knight, LLP                 Keker & Van Nest, LLP              Chief Counsel
633 W. 5th Street, 21st Floor         710 Sansome Street                 Department of Alcoholic
Los Angeles, CA 90071                 San Francisco, CA 94111-1704         Beverage Control
                                                                         3927 Lennane Dr., # 100
                                                                         Sacramento, CA 95834




 Re: Request of Petitioner Dry Creek Rancheria to bifurcate
     the petition matter from the protest matter in the
     hearing now set to commence February 1, 2004; File 47-396835,
     Reg. No. 04058060

Counsel:

Petitioner Dry Creek Rancheria's Motion to bifurcate the Petition matter from
the Protest matters is hereby GRANTED. Accordingly, the Petition of Dry Creek
Rancheria for approval of its application for an On-sale General Bona Fide
Public Eating-place license will be heard as presently set, commencing Tuesday
morning, February l, 2004, at 9:30 a.m. The place of the hearing will remain the
same as was noticed in the original Notice of Hearing on Protest Against and
Petition for Issuance of License dated December 1, 2004.

The hearings as to the various protests against issuance of the license sought
are hereby taken off calendar, to be reset, if necessary, only upon reaching a
final resolution in the Petition matter.


                                             --------------------------------
                                             John P. McCarthy
                                             Administrative Law Judge

                                                          -------------------
cc: See attached service list                                 STATE'S
                                                              EXHIBIT
                                                                  1
                                                          -------------------



                                   BEFORE THE
                    DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
                           OF THE STATE OF CALIFORNIA

IN THE MATTER OF THE PETITION OF:                  |
                                                   |
Bill Cogbill, Sheriff, et al                       |
2796 Ventura Avenue                                |
Santa Rosa, CA 95403                               |
                                                   |
FOR THE PERSON TO PERSON AND PREMISES TO           |    FILE : 47 - 396835
PREMISES TRANSFER OF AN ON-SALE GENERAL            |
PUBLIC EATING PLACE LICENSE TO:                    |    REG. : 04058060
                                                   |
Dry Creek Rancheria Of Pomo Indians                |    DECLARATION OF
River Rock Casino                                  |    SERVICE BY MAIL
3250 Highway 128 East                              |
Geyserville, CA 95441                              |

AND IN THE MATTER OF THE PETITION FOR SAID LICENSE

under the Alcoholic Beverage Control Act.


The undersigned declares:

         I am over eighteen years of age, and not a party to the within cause;
my business address is 3927 Lennane Drive, Suite 100, Sacramento, California
95834. I served by CERTIFIED mail a copy of the following documents:

CERTIFICATE OF DECISION

on each of the following, by placing same in an envelope(s) addressed as
follows:

Dry Creek Rancheria Of Pomo Indians      Rory E. Dilweg, Attorney at Law
River Rock Casino                        633 W. 5th Street, 21st Floor
3250 Highway 128 East                    Los Angeles, CA 90071
Geyserville, CA 95441
                                         Richard H. Lee, Attorney at Law
David W. Meyers                          633 W. 5th Street, 21st Floor
Attorney at Law                          Los Angeles, CA 90071
809 Coombs Street
Napa, CA 94559-2977                      Jerome L. Levine, Attorney at Law
                                         633 W. 5th Street, 21st Floor
                                         Los Angeles, CA 90071

                                         Goldstein, Woodside & Dion
SEE ATTACHED LIST                        Deputy County Counsels
                                         575 Administration Drive, Room 105A

         Each said envelope was then, on August 25, 2005 sealed and deposited
in the United States Mail at Sacramento, California, the county in which I am
employed, with the postage thereon fully prepaid.

         I declare under penalty of perjury that the foregoing is true and
correct.

Executed on August 25, 2005 at Sacramento, California.


                                                 /s/ Rheba Chastain
                                                 --------------------------
                                                 Declarant


 X Santa Rosa District Office(interoffice mail)
- ---
   Division Office(interoffice mail)
- ---
ABC-116 (9/04)







|  ATTACHMENT TO DECLARATION OF SERVICE BY MAIL
|  DRY CREEK RANCHERIA OF POMO INDIANS
|  File: 396835 - Reg. No.: 04058060
|
|
|
|
|
|                             - Page 1 -
- ------------------------------------------------------


  Alex R. Baghdassarian, Esq.              Alvin R. Cadd
  Attorney at Law                          3845 Highway 128
  Holland & Knight, LLP                    Geyserville, CA 95441
  633 West 5th Street, 21st Floor
  Los Angeles, CA 90071                    Alyce Cadd
                                           3845 Highway 128
  Edward Beddow                            Geyserville, CA 95441
  5584 Maacama Ridge Road
  Healdsburg, CA 95448                     Candace Cadd
                                           3650 Highway 128
  Sandra K. Beddow                         Geyserville, CA 95441
  5584 Maacama Ridge Road
  Healdsburg, CA 95448                     Larry Cadd
                                           3650 Highway 128
  April Bennett-Lance                      Geyserville, CA 95441
  1656 West Dry Creek Road
  Healdsburg, CA 95448                     Kathryn D. Catron
                                           450 Colony Road
  Elizabeth Bermudes                       Geyserville, CA 95441
  1128 Alexander Valley Road
  Healdsburg, CA 95448                     Bobbi Chamberlain
                                           P. O. Box 376
  Harry Black                              Geyserville, CA 95441
  4849 Highway 128
  Geyserville, CA 95441                    Bill Cogbill
                                           Sheriff-Coroner
  Lea Black                                Sonoma County Sheriff's Department
  4849 Highway 128                         2796 Ventura Avenue
  Geyserville, CA 95441                    Santa Rosa, CA 95403

  Glenn I. Brizee                          Charlotte Colby
  4991 East Soda Rock Lane                 4520 Old Barn Road
  Healdsburg, CA 95448                     Healdsburg, CA 95448

  Jeanette Y. Brizee                       John N. Dayton
  4991 Soda Rock Lane                      P. O. Box 447
  Healdsburg, CA 95448                     Geyserville, CA 95441

  Wes Brabacher
  P. O. Box 376
  Geyserville, CA 95441





|  ATTACHMENT TO DECLARATION OF SERVICE BY MAIL
|  DRY CREEK RANCHERIA OF POMO INDIANS
|  File: 396835 - Reg. No.: 04058060
|
|
|
|
|
|                             - Page 2 -
- ------------------------------------------------------

 Brook Dooley, Esq.                Mary H. Hafner
 Attorney at Law                   4290 Pine Flat Road
 Keker & Van Nest, LLP             Healdsburg, CA 95448
 710 Sansome Street
 San Francisco, CA 94111-1704      Richard P. Hafner
                                   4290 Pine Flat Road
 Linda Esselstein                  Healdsburg, CA 95448
 10300 Highway 128
 Healdsburg, CA 95448              Elizabeth L. Helmholz
                                   4530 Old Barn Road
 William D. Esselstein             Healdsburg, CA 95448
 10300 Highway 128
 Healdsburg, CA 95448              George Helmholz
                                   74550 Dobie Lane
 David Fanucchi                    Covelo, CA 95428
 5155 Highway 128
 Geyserville, CA 95441             Peter J. Holewinski
                                   4505 Pine Flat Road
 Joyce Fanucchi                    Healdsburg, CA 95448
 5155 Highway 128
 Geyserville, CA 95441             Rosemarie S. Holewinski
                                   4505 Pine Flat Road
 Theresa Fanucchi                  Healdsburg, CA 95448
 5120 Highway 128
 Geyserville, CA 95441             Paul L. Kelley
                                   Board of Supervisors
 Carol Farrell                     County of Sonoma
 9800 Highway 128                  575 Administration Drive. Rm. 100A
 Healdsburg, CA 95448              Santa Rosa, CA 95403

 Michael J. Farrell                Joel Kiff
 9800 Highway 128                  4015 Alexander Valley Lane
 Healdsburg, CA 95448              Healdsburg, CA 95448

 Marion E. Garrett                 Vernon A. Losh, II
 P. O. Box 696                     Chief Department Director
 Geyserville, CA 95441             County of Sonoma Dept. of Emergency Services
                                   2300 County Drive, Suite 221A
 Arthur C. Guy                     Santa Rosa, CA 95403
 10650 Highway 128
 Healdsburg, CA 95448






|  ATTACHMENT TO DECLARATION OF SERVICE BY MAIL
|  DRY CREEK RANCHERIA OF POMO INDIANS
|  File: 396835 - Reg. No.: 04058060
|
|
|
|
|
|                             - Page 3 -
- ------------------------------------------------------

 Bennett McMicking                           Ronald Pourroy
 12250 Brooks Road                           8303 Highway 128
 Windsor, CA 95492                           Healdsburg, CA 95448

 Clifton L. Miller                           Kay R. Reed
 5255 Pine Flat Road                         1410 Alexander Valley Road
 Healdsburg, CA 95448                        Healdsburg, CA 95448

 Billy D. Munselle                           Tony Roehrick
 3660 Highway 128                            Superintendent
 Geyserville, CA 95441                       Alexander Valley School District
                                             8511 Highway 128
 Cynthia Myers                               Healdsburg, CA 95448
 P. O. Box 1302
 Mendocino, CA 95460                         Susan M. Rose
                                             6800 Highway 128
 Jack L. Neureuter                           Healdsburg, CA 95448
 1410 Geysers Road
 Geyersville, CA 95441                       Robert V. Scavullo
                                             130 El Camino Del Mar
 Karen Neureuter                             San Francisco, CA 94121
 1410 Geysers Road
 Geyserville, CA 95441                       Janice Sceales
                                             5376 Highway 128
 Seaver Page                                 Geyserville, CA 95441
 5577 Maacama Ridge Road
 Healdsburg, CA 95448                        Ralph A. Sceales
                                             5376 Highway 128
 Karen Passalacqua                           Geyserville, CA 95441
 5904 Highway 128
 Geyserville, CA 95441                       Mary Ellen Smith
                                             P. O. Box 1559
 Martha Pogue                                Healdsburg, CA 95448
 23220 Woodrigde Court
 Geyserville, CA 95441                       Richard A. Smith
                                             17500 Tera Holland Lane
 Cheryl Pourroy                              Healdsburg, CA 95448
 8303 Highway 128
 Healdsburg, CA 95448                        Marcia Teuschler
                                             3301 Feliz Creek Road
                                             Hopland, CA 95449






|  ATTACHMENT TO DECLARATION OF SERVICE BY MAIL
|  DRY CREEK RANCHERIA OF POMO INDIANS
|  File: 396835 - Reg. No.: 04058060
|
|
|
|
|
|                             - Page 4 -
- ------------------------------------------------------

Barbara Toschi
15201 Chalk Hill Road
Healdsburg, CA 95448

Jennifer Tucker
5692 Highway 128
Geyserville, CA 95441

Donna M. Vincent
4633 East Soda Rock Lane
Healdsburg, CA 95448

Fred R. Wasson
3674 Highway 128
Geyserville, CA 95441

Ruby M. Wasson
3674 Highway 128
Geyserville, CA 95441

Daniel Weinberg
4504 Pine Flat Road
Healdsburg, CA 95448

Jane H. Weller
14821 Chalk Hill Road
Healdsburg, CA 95448

Nelson S. Weller
14821 Chalk Hill Road
Healdsburg, CA 95448

Edith Wilson
4660 Thomas Road
Healdsburg, CA 95448