August 26,2009 

Ms. Laura W. Spurr, Council Chairperson 

Nottawaseppi IJuron Band of the Pottawatorni 

222 1 1 % Mile Road 

Fulton, MI 49052 

Dear Chairperson Spurr: 

On June 29,2009, and on behalf of the Nottawaseppi Huron Band of the 

Potawatomi (Tribe), you requested that I review and approve amendments to the Tribe's 

gaming ordinance adopted by Tribal Council Resolution No. 06-25-09-0 1. These 

amendments (I) change the licensing requirements for gaming facilities to require the 

operation to show that no primary management oficial or key employee has ever been 

convicted of a criminal offense that wouid disqualify ihat person from being iicensed by 

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non-primary management positions and non-key employee positions. and (3) apply 

licensing standards outlined in the ordinance at section 602 to key employees and 

primary management officials. 

This letter constitutes my approval. Nothing in the gaming ordinance as amended 

conflicts wi:F and the NIGC7s regulations. 

~&nk you r your submission. If you have my n;:ectinns. ---- 7 ~!ease r contact Staff 

cMillan Nalcai at (202) 632-7003. 

,I / Sincerely, , 

I 

Chairman 

NATIONAL HEADQUA~RS 1441 L 5: NW, Suite 9100, Washington. DC 2OOOS Tel 102.632 7003 Fax: 202 632 70% W.NlGC.GOV 

REGIONAL OFFICES Podand. OR. Sacramento. CA. Phoenrx. AZ. St Paul. MN, Tulsa, OK 
(b) Satisfactory proof that no employees of the applicant who i.~ employed as a 

primary management official or key employee has ever been convicted of a criminal offense 

which disqualifies fh~d personj-um being licensed under Section 602 of fhis Ordinance 

w. 

(c) Satisfactory proof that notice of the application has been posted in a 

prominent, noticeable place in the Tribal Office and on the premises where the game is to be 

held for at Ieast 30 days prior to consideration 'by the Commission, and published at least 

twice in a local newspaper serving the Reservation. The notice shall state the date, time and 

place when the application shall be considered by the Tribal Gaming Commission. 

Section 2. Amendment of Section 503 

Section 503 of the Gaming is hereby amended to read in its entirety as follows: 

Section 503 Conditions of the tribal license 

The facility license issued under this Ordinance shaIl be subject to such reasonabie 

conditions as the Gaming Commission shaII fix, including, but not limited to the following: 

(a) The licensee shall at a11 times maintain an orderly, clean, and neat 

establishment, both inside and outside the licensed premises. 

(b) The licensed premises shall be subject to patrol by the tribal, BIA Iaw 

enforcement officers or other law enforcement agencies authorized under tribal law for the 

purpose of enforcing tribal law, and the licensees shaII cooperate at all times with such law 

enforcement officers. 

(c) The licensed premises shall be open to inspecrion by duly authorized iribal 

oficials and officials of the National Indian Gaming Commission at all times during fithe 

regular business hours. 

(d) There shall he no discrimination in the operations under a tribal license by 

reason of race, color or creed, age, sex, or national origin, provided, however, that a licensee 

shall give a preference in empioyment to qualified Indians. 

(e) Licensee shall not allow any person who receives any compensation. directly 

or indirectly, for the operation of a Class I1 or Class I11 game, ti? p!~y C!SS II OF C!ass 

JJI game at the facility where the person is corn-pencated. L.icensee shA! not a!!nw my 

person who, without payment, assists in the operation of any Class I1 or Class 111 game of 

T.C. RESOLUTION 06-25-09-01 

GAMING ORDINANCE Page 3 
chance conducted by the operator, to play in any game conducted by the operator within 24 

hoilrs after the time said Wnn did sc! assist. 

(9 Licensee may not aIIow Tribal Council member or Gaming Gorr?missior! 

member or Commission staff to play any Class II or Class Iii game licensed under ibis 

ordinance. 

(g) No firearms, air guns which are capable of discharging dangerous projectiles, 

inc!fiding hut nnt limited to b.b.'s GT C02 gws, - rifles. sh~tg~ss, - pi~~?s, w re\r~!t~ers, &a!! be 

offered or awarded as a prize or in lieu of a prize for winning at any of the activities 

authorized by this Ordinance. 

.. . (h) Nu person invoived in the operaiioii of zc+viiy aii'uioii~ed by this 

Ordinance shall, directly or indirectly, in the course of such operation, employ any device, 

scheme, or artifice to dehud, make any untrue statement of a fact. or emit to state a 

considerdtion of the circumstan~es under which such shteme~t wiiy"s mde, or eiigzge i~ my 

act, practice, or course of operation as would operate as a fraud nt uL Aacoit UVVC.IC I,-- uxwlI CULIy om-, namnn YkliWL1. 

(i) Licensee may not accept for cashing any pap11 check or a check from any 

federal or state agency including IRS checks, state assistance checks, or social security 

checks. 

(j) Licensee shall notify the Commission of all vendor contracts between the 

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(k) Licensee shall comply with all applicable requirements of the Federal 

Internal Revenue Code. 

(I$ LIcecsee may n~t pernit my perser! mder the age sf tv~enty-one t~ be 

employed in any primay management oficiul or key employee position in any facility 

licensed under this ordinance. 

If the premises operated by a manager. manager shd? emlwe comp!iaice with this 

section. 

Section 3. Amendment of Section 602 

Section 602 of the Gaming is hereby mended to read in its entirety as follows: 

Section 602 Lir.ensing standard 

No one shall be issued a license as a key employee or primaly managemerat qficiul if 

he or she: 

T.C. RESOLUTION 06-25-09-01 

GAMING ORDINANCE Page 4 
(a) is under the age of 2 1 ; cr 

) hasbeenconvictedoforentesedapleaof~iftyornocontesttoagambling 

related offense, fraud or misrepresentation; or 

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not specified in subparagraph (b) within the immediately preceding five years; this provision 

shall not apply if that person has been pardoned by the Governor of the State where the 

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who is not likely again to engage in any offensive or criminal course of conduct and the 

public good does not require that the applicant be denied a license as a key employee or 

primary management official; or 

(d) is determined by the Commission to have participated in organized crime or 

unIawful gambling or whose prior activities, criminal record, reputation, habits, andlor 

associations pose a threat to the public interest of the Band or the State of Michigan or to the 

effective regulation and control of gaming, or create or enhance the dangers nf ~lnsnieble. 

unfair or illegal practices, methods, and activities in the conduct of gaming; or the carrying 

on of the business and financial arrangements incidentai to the conduct of griming. 

BE IT FURTHER RESOLVED that the Tribal Council authorizes the Tribal Council 

Chairperson to submit these amendments to the Tribe's Gaming Ordinance to the Natimal Indim 

Gaming Commission and request an expedited review and approval of these amendments. 

On June 25,2009, this resolution was approved at a duly cdied Speciai ivieeting of the 

Tribal Council called for this purpose, a quorum being present. by an affirmative vote& 

members, with 3 opposing, absent, and abstaining. this 25TH day of June 2009. 

d. I 

I UJ* - 

RoAnn Reebe-Mohr, Secretary 

/Z/& 9. 

- -. 

Laura W. Spurr, dh=irpers=r 

T.C. RESOLUTION 06-25-09-01 

GAMING ORDINANCE Page 5 
TITLE V, LICEKSING AND REGULP,TION OF BTiQ3 PLfD 

OTHER GAMES OF CHANCE 

Chapter 1 : Findin~s 

Section 10 1 The Council finds: 

(a) That operation of bingo and other games of chance by the Band 

and Band subdivisions is a valid means of promoting economic development and the 

health and welfare of Band members; 

(b) That, under the principles established by the United States 

Supreme Court in California v. Cabazen Band of Mission Indians, 94 L.Ed.2d 244 

(1957), Indian tribes have the exclusive right to regdate gaming activity on Indian lands 

if the activity is not specifically prohibited by federal law and is conducted within a state 

which does not criminally prohibit the activity; 

(c) That the United States Congress has enacted the Indian Gaming 

Regulatory Act, 25 U.S.C. 8 270 1 et seq., providing for certain federal regulation of 

inn'inn .-.--- *. onminoU""""" 5' 

(d) That tribal regulation of gaming activity on the Reservation is vital 

to the protection of trust lands on the Reservation and to the protection of the interests of 

the Band and its members; and 

(e) That the Band has entered into a tribal-state compact with the State 

of Michigan which provides for the operation of Class TIP gaming. 

Chapter 2: Definitions 

Section 201 &t 

"Act" means the Indian Gaming Regulatory Act, 25 U.S.C. 8 270 1 et seq. 
Section 202 Band 

"Band" means the Huron Band of Potawatomi. 

Section 203 Class I warning 

"Class I gaming" means: 

(a) Social games played solely for prizes of minimal value; and 

(b) Traditional foms of Indian gaming, when pIayed by individuals in 

connection with tribal ceremonies or celebrations. 

Section 204 Class I1 ~arning 

"Class II gaming" means: 

(a) Bingo or lotto (whether or not electronic, computer, or other 

technologic aids are used) when players: 

I I ) Play for prizes with cards hearing numbers of other 

designations; 

(2) Cover numbers or designations when object, similarly 

numbered or designated, are drawn or electronically 

determined; and 

(3) Win the game by being the first person to cover a 

designated pattern on such cards; 

(h) If played in the same location as bingo or lotto, pull-tabs, punch 

boards, tip jars, instant bingo, and other games similar to bingo: 

(c) Nonbanking card games that: 
'~L-L 1 - j i j aaie law explicitly autho~zes, or does not expiicitiy 

prohibit, and are played legally anywhere in the state; and 

(21 Players play in conformity with state laws and regalations 

concerning hours, periods of operation, and [imitations on 

wagers and pot sizes: 

(d) Card games played in the states of Michigan, North Dakota, South 

Dakota, or Washington if: 

(1) An Indian tribe actuaIly operates the same card games as 

played on or before May 1, 1988, as determined by the 

Chairmm; and 

(2) The pot and wager limits remain the same as on or before 

May 1, 1 9 8 8, as determined by the Chairman; 

(ej Individually owned class Ii gaming operations- 

( ) That were operating on September 1, 1 986; 

(2) That meet the requirements of 25 U.S.C. 27 10(b)(4)(B); 

(3) Were the nature and scope of the game remains as it was 

on October 17, 1988; and 

(4) Where the ownership interest or interests are the same as on 

October 17, 1988. 

Section 205 Class IT1 gaming 
"Class 111 gaming" means all forms of gaming that are not Class I gaming or Class 

I1 gaming, including but not limited to: 

(a) Any house banking game, including but not limited tc~ 

(1 $ Card games such as baccarat, chemin de fer, blackjack (2 1 ), 

and pai gow (if played as house banking games); 

(2) Casino games such as roulette, craps, and keno; 

(b) Any slot machines as defined in 1 5 U.S.C. I 17 1 (a)(I) and 

electronic or electromechanicaI facsimiles of any game of chance: 

(c) Any sports betting and parimutuel wagering including b~t RG? 

limited to wagering on horse racing, dog racing or jai alai; or 

(d) Lotteries. 

Section 206 Commission 

"C~mmissi~n" means the Hurm P~tz~.:zt.t=mi Gztming C~mmissim estzblished 

pursuant to Chapter 3 of this Ordinance. 

Section 207 Key emplovee 

"Key employee" means (1) a person who performs one or more of the following 

functions: bingo caller, counting room supervisor, chief of security, custodian of gaming 

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of gambling devices including persons with access to cash and accounting records within 

such devices; or (2) if not othenvise included, any other person whose total cash 

compensation is in excess of $50,000 per year, or (3) if not otherwise incIuded. the four 

most highly compensated persons in a gaming operation. 

Section 208 Michigan Compact 
"Michigan Compact" means the document entitled ''Compact Between the 

Nottawaseppi Huron Band of Potawatomi and the State of Michigan Providing for the 

Conduct of Tribal Class III Gaming by the Nottawaseppi Huron Band of Potaxvatomi,'" 

entered into between the Huron Band of Potawatomi and the State of Michigan. 

Section 209 National Indian Gaming Commission 

"National Indian Gaming Commission" means the National Indian Gaming 

Comission established pursuant to 25 U.S.C. 5 2704. 

Section 2 10 Net revenues 

"Net revenuest' means gross revenues of a gaming activity less (i)amounts paid 

out as, or paid for, prizes and (ii) total operating expenses, except that management fees 

shall not be deducted to determine net revenues. 

Section 21 1 Persons or entities with a financial interest in, or havin~ mana~ement 

responsibility for, a management contract 

"Persons or entities with a financia! interest in, or having management 

responsibility for, a management contract" means: 

1 Each person with management responsibility for a management 

contract; 

(2) Each person who is a director of a corporation that is a party to a 

management contract; 

(3) The ten (10) persons who have the greatest direct or indirect 

financial interest in a management contract; 

(4) Any entity with a financial interest in a management contract; 
(5) Any other person with a bireci or indirect financial interest in a 

management contract. 

Section 2 12 Primary management official 

,.T. rrirnary management officiai" means (i j any person having management 

responsibility for a managanent contract; (2) any person who lras authority to hire and 

fire employees or to set up working policy for a gaming operation, or (3) the chief 

financial oficer or other person who has financiai management responsybiiity. 

Section 2 13 Social aarnes for prizes of minimal value 

"Traditional forms of Indian gaming" nieaiis: 

(2) Gming SC~~~T~PS SUC:~ 2$ ''~ti~k" OF '~hnnp" "Lv..r mr)rnpc r.WJ ni RTWA VV UY ~c nld nf .,* 

tnbal ceremonies, celebrations, or pow-wows. 

(b) Games such as rodeos or horse races, including those for which 

purses or prizes ..P zl.vzrded, ih~t 8re plz>~ed zs pzri, cf cdlal ceremonies, ceiebm?ior?s, Gr 

pow-wows. This does not include games operated prior to a ceremony, celebration, or 

pow-wow for the purpose of raising funds for the ceremony, celebration, or pow-wow; 

these are considered Class 11 games unless they meet the definition set forth in Section 

214. 

Section 2 1 5 Tribe 

"Tribe" also means the Huron Band of Porawatomi. 
Section 2 7 6 Vendor 

"Vendor" means: i) any person or entity providing Class II or Class IT1 garning 

equipment to a gaming operator under this Ordinance, or ii) any other person or entity 

which provides goods or services (other than accounting or legal services) to a gaining 

operator under a contract for goods or services which is in excess of $25,000 per contract 

year, provided that, notr.vithstmdtng any other provisi~n of Lbis @:dinmce, a vexdcr a 

defined vndes this subsection (ii) shall be required to obtain a license under Section 601 

only if the Commission, in its discretion, specifically so requires. 

Chapter 3: Band Gaming Commission 

Section 30 1 Establishment 

There is hereby established the Huron Potawatomi Gaming Commission 

("Commission"), an agency of the Band, consisting of a Chairman and 4 (four) other 

members. 

Section 302 Function and Powers 

The Commission shall have the following powers and duties: 

-. 

jaj 1 ne Commission shaii have primary responsibiiity for reguiatory 

functions relating to Band gaming opcratioris. riitharized mder this Ordinafice; 

(b) The Commission shall review all license applications and 

determine whether the application is complete and in compliance with the Ordinance, and 

whether such license should be issued. and shall further determine if any license so issued 

shall be revoked, suspended or renewed, as appropriate; 
(c) The Commission shall collect any fees required to be paid under 

this Ordinance. Such fees shall become Band gaming revenues, shall be subject to Band 

financial policies and procedures, and shalI be disbursed as directed by the Council; 

Id) The Commission may bring any civil action or criminal complaint 

in any court of competent jurisdiction to enforce the provisions of this Ordinance or to 

enjoin or otherwise prevent any violation of this Ordinance, the Act, or the Michigan 

Compact, occurring os threatened to occur; 

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shall be subject to review and approval of the Huron Band of Potawatomi Council. The 

Commission may in accordance with such budget anploy such staff from time to time as 

it deems necessary to hffill its responsibilities under this Ordinance, and may retain 

professional services including investigative services to assist the Commission with 

respect to any issues over which the Commission exercises jurisdiction; 

( The Commission shall, subject to review and approval by the 

Council, promuigate such reguiations as it deems necessary in order to irnpjement and 

enforce the provisions of this Ordinance. 

Section 303 Appointment of members 

The Chairman and members of the Commission shall each be appointed by 

majority vote of the Tribal Council. Commission Chairman and members may be tsibal 

or nontribal members. 

Section 304 Tms 

The initial members of the Commission shall serve as follows: 

(a) 2 members shall serve an initial two year term. 

fi) 2 members shaEl serve an initial one year term. 
-. 

(c) I he Chairman shaii serve an initial two year term. 

Thereafter all terms shaIl be for three years and until a successor is appointed and 

qualified. If a vacancy occurs during a term, the Council may zppoi~t asuccessc?r fcr the 

unexpired portion of the term. 

Section 305 Executive Director 

The Commission shall hire a qualified person to serve as the Executive Director 

of the Commission. The Executive Director shall manage the day to day affairs of the 

Commission, including oversight of the Band's Gaming Inspectors. The Executive 

Director shall serve at the direction ofthe Chairman of the Commission. The salary of 

the Executive Director shall be set by the Commission and such employment shall be in 

accordance with the Band's Personnel PoIicy and Procedures. 

Section 306 Qualifications 

To be eligible to serve as Chaiman. member of the Commission or staff of the 

Commission a person shall: 

2 Be ~f his5 mord character ~iid rql~iiiaitiion to promote public 

confidence in gaming by the Band; 

(b) Have sufficient education and work experience to he ~b?e to h!fi!! 

the functions of the Commission; 

(c) Have no financial stake in any gaming operated under the 

Ordinance. A person has a "financial stake in any gaming operated under the Ordinance" 

if that person, or that person's spouse, brother, sister, mother, father, grandmother, 

grandfather. son, daughter, grandson. granddaughter or first cousin has invested in, has a 

direct or indirect financial interest in, has a management contract in. or has any other 

pecuniary interest whatever in gaming operated under this Ordinance. Membership in the 
Band does not, in itself, create a "financial stake in any gaming operated under this 

Ordinance." Employment at a tribally licensed gaming facility, other than as a primary 

management official, by a person's spouse. brother, sister, mother, father, grandmother, 

grandfather, son, daughter, grandson, granddaughter or first cousin does not create in 

such person a "financial stake in any gaming operated under this Ordinance;" 

(d) Not participate as a player in any gaming facility on the 

Reservation during the time such person is serving as member of the 

Commission or staff; 

(e) Never have been convicted of a tribal, federai or state feiuny, or 

any crime involving fraud, misrepresentation, moral turpitude or gambling; 

(f) Submit to a background investigation under the same procedures 

applicable to prospective gaming licensees under Chapter 6; 

(g) Not be a member of the Band Council; and 

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or corporation owned or controlled by the Band. 

Section 307 Removal and vacancies 

Members, including the Chairman, may be removed by a two-thirds vote of the 

Council. at a meeting at which a quorum is present. Members, inchding the Chairman, 

may be removed for cause, including malfeasance, neglect of duty, unexcused failure to 

attend two successive Commission meetings, conviction of a felony, or failure to comply 

with the Constic~tion or 12~~s efthe Ed. 

(a3 Right to a hearing. Any Commissioner being considered for 

removal shall be provided with notice from the Chairman or Secretary of the Band stating 

the grounds for removal, specifying a date, time, and place for a hearing to be held by the 

Council within 20 days of receipt of such notice. At the hearing, the Commissioner shall 
be entitled to appear, prese~testimony 2nd other evidence; and be represented t;cr .I 2:: 

attorney at the Commissioner's own expense. 

(b) Vacancies. Vacancies shall be filled by majority vote of the 

Council. 

Section 308 Meetings 

The Commission shall meet as scheduled to fulfill its duties and obligations under 

this Ordinance, but in no event less frequently than once per month. Meetings may be 

called hy the Chairman, or by any two members of the Commission, upon at ieast three 

days written notice to all members. If the Chairman or any two members certify in 

writing that a meeting must be held on less than three days notice, a meeting may be held 

as necessary, provided that best efforts must be made to provide the Chairman and all 

members with as much advance notice of such meeting as possibIe. Three members, or 

two members and the Chairman, shall constitute a quorum for the transaction of business. 

The vote of a majority of the members present at a meeting at which a quorum is present 

shall be the act of the Commission. 

Section 309 Monthlv reports 

The Commission shall make a report to the Council at least once each month, or 

more as requested. Each report shall include a summary of alI licensing and enforcement 

activities, a summary of meeting and travel: activities and dates, and any additional 

information requested by the Band Councit. These reports shall not contain any 

confidential information unless specifically direct by the Council. Compensation of 

Commission members may be withheld in the event reports are unreasonably delayed. 

Section 3 10 Heatin2 examiner 

Notwithstanding any other provision of this Ordinance, upon the Commission's 

own motion or the motion of any party, any hearing authorized to be held by the 

Commission may be assigned to a hearing examiner. The hearing examiner shall be 
impartial, and shall be a licensed attorney. The hearing examiner shall conduct hearings 

assigned in accordance with the provisions of the applicable sections of this Ordinance, 

and shall issue written proposed f ndings of fact and conclusions of law within 30 days of 

such hearing. Any party may file with the Commission. within 1 5 days of notice of the 

heating examiner's recommended findings, exceptions or objections to those findings. 

Section 3 1 I Notice of Commissi~:: decisions 

The Commission shall provide written notice to any applicant and any other 

interested party of any decision OF crder. N~CP shdil! be by persma! sewice, or certif ed 

mail, to the person's last known address, or to such person's registered agent or attorney. 

Section 3 P 2 Appeals 

(a) An applicant for a license, or any other aggrieved party, may 

appeal from any find order or decision of the Band Gaming Commissien by filing a 

notice of appeal with the Band Gaming Commission and Tribai Court witnin 30 days of 

receipt of notice of the final order or decision. 

(b) If a motion for reconsideration of a Band Gaming Commission 

final order or decision is filed with the Commission within 20 days of i ssuance of alch 

order, the time for appeal shall not begin to run until the motion for reconsideration is 

ruled upon by the Commission. 

(c) The Commission shall certify the hearing record within 30 days of 

receipt of a notice of appeal. 

(d) Review by the Tribal Court shall be based on the record. A 

decision or order of the Commission shall be affirmed unless arbitrary and capricious, or 

contrary to law. 
(e) The Tribal Court shall have no jurisdiction to award money 

damages against the Commission or any member of the Corr?missi!!n fcr my action 

appealed under this section. 

( The Tribal Court shall require parties to exhaust administrative 

remedies provided by this Ordinance prior so judicial review, absent an express finding nf 

futility or other good cause to the contrary. 

Section 3 13 Gaming Inspectors 

(a) The Band shall employ tribal gaming inspectors who shall have 

primary responsibility for monitoring ongoing Class TI and Class I11 gaming operations 

authorized by this Ordinance. 

(h) Band gaming inspectors may be fuII time tribal empEoyees and 

shall be subject to Band personnel policies and procedures. The Chairman of the 

Commission shall supervise the Band gaming inspectors with respect to compliance with 

personnel policies and procedures. The budget for the Commission shall include the 

costs associated with Rand gaming inspectors. 

(c) Band gaming inspectors shall report any violations of this 

Ordinance, the Act, or the Michigan Compact to the Band Gaming Commission. 

Section 3 T 4 Sovereim Immunity 

Nothing in this Ordinance shall be construed to waive the immunity from suit of 

the Band or the Band Gaming Commission: provided that judicial review of actions of 

the Band Gaming Commission shall be available as set forth in this Ordinance. In no 

event shall this Ordinance be construed as consent to any money judgment, 1ieii or 

attachment of any property of the Band or Commission. No money damages shall be 

awarded against a Commission member or other Band official acting in good faith within 

the scope of their official duties under this Ordinance. 
Chapter 4: Compliance with federal law 

Section 40 1 A~plicabilitv 

All gaming on the Reservation shall be conducted according to the provisions of 

this Ordinance and in compliance with the Indian Gaming Replatory Act, and the 

National Indian Gaming Commission's Minimum Internal Controls. 

Section 402 Sole proprietaw interest 

In compliance with 25 U.S .C. $ 271 0@)(2)(A), the Band or a Band st~bdivision 

shall have the sole proprietary interest and responsibility for the conduct of any gaming 

activity on the Reservation. Ownership of any Class IT or Class III game by any other 

entity or individual is prohibited. 

Section 403 Use of revenues 

In compliance with 25 U.S.C. 4 27 I O(b)(2)(B), net revenues from any gaming 

activity are not to be used for any purposes other than: 

(a) to fund tribal government operations or programs; 

(b) to provide for the general welfare of the Indian Band and its 

members; 

(c) to promote tribal economic development; 

(dl to donate to charitable organizations; 

(e) to help fund operations of local guvemeni agencies of the Siaie 

and its pohtical subdivisions; or 
(0 to provide per capita payments to Huron Band of Potawato~ni 

enrollees in accordance with the Indian Gaming Regulatory Act. 

Section 404 Arrdits 

In compIiance with 25 U.S.C. # 271 0@)(2)(C) and (D), all gaming activities shall 

be subject to an audit by independent certified accountants, not less than annually. The 

audit shall include aII contracts for supplies, services or concessions for a contract 

amount in excess of $25,000 annually (except contracts for professional legal or 

accounting services) relating to Class 11 or Class 111 garning. The audit shall be arranged 

by the licensee conducting the gaming, who shall provide a copy of the audit to the 

Commission upon completion. The Commission shaIl thereafter forward the audit report 

to the Tribal Co~mcil and the National Indian Gaming Commission. 

Section 405 Environmental and public health and safety standards 

In compliance with 25 U.S.C. 6 27 10(b)(2)(E), the construction and maintenance 

of any gaming facility, and the operation of gaming activities, shall be conducted in a 

manner which adequately protects the environment and the public health and safety, and 

for that purpose shall comply with all applicable health, safety and environmental 

standards enacted by the Band. Those standards generally imposed by the laws and 

regulations of the State of Michigan relating to public facilities with regard to building, 

sanitary, and health standards and fire safety shall be deemed to be incorporated by this 

Ordinance as the laws of the Band applicable to gaming facilities of the Band, provided 

however that such state laws have no force or effect on the Reservation other than by 

incorporation into this Ordinance, and provided further that if an approved rnana, nernent 

agreement stipuIates that national building, electric and fire codes apply, then those 

standards shall be used. 

Chapter 5. Facilitv Licensing 

Section 501 Facility Licenses for ~aming- activities 
The Commission shall issue a license for each place, facility, or location where 

gaming is conducted. For each location licensed, the Band through its primary 

management official of its gaming operation must file a sworn application that contains a 

full and complete showing of the foIIowing: 

(a) Agreement by the applicant to accept and abide by all applicable 

provisions of this Ordinance and all conditions of the tribal license. 

(b) Satisfactory proof that no employees of the applicant who is 

employed as a primary management official or key employee has ever been convicted of 

a criminal offense which disqualifies that person from being licensed under Section 402 

of this Ordinance. 

(c) Satisfactory proof that notice of the application has been posted in 

a prominent, noticeable place in the Tribal Office and on the premises where the game is 

to be held for at least 30 days prior to consideration by the Commission, and published at 

least twice in a local newspaper serving the Reservation. The notice shall state the date, 

time and ?!ace when the application sha!! be considered by the Tri-hd Gming 

Commission. 

Section 502 Hearing on application for a license 

(a) All applications for a gaming license shall be considered by the 

Gaming Commission in open session at which the applicant, his attorney and any person 

protesting the application shall have the right to be present, and to offer sworn oral or 

documentary evidence relevant to the application. After the hearing, the Commission 

shall determine whether to grant or deny the application, based on the Commission's 

determination of the best interests of the Band. The decision of the Gaming Commission 

shall be final. 

(h) Existing licensees shall have no vested right to have their licenses 

renewed or extended, and compliance with this Ordinance does not guarantee an existing 

licensee a renewaI or extension. In each case, the Commission shall, in the exercise of its 
discretion, make its determination based on all the evidence presented to it, provided that, 

with respect to Class 111 gaming operated under a management contract, the Commission 

shall not revise or fail to renew a license except on grounds permissible under such 

management contract. 

Section 503 Conditions of the tribal Iicense 

The facility license issued under this Ordinance shall be subject to such 

reasonable conditions as the Gaming Commission shall fix, including, but not limited to 

the following: 

(a) The licensee shall at all times maintain an orderly, clean, and neat 

establishment, both inside and outside the licensed premises. 

0) The licensed premises shall be subject to patrol by the tribal, BIA 

law enforcement officers or other law enforcement agencies authorized under tribal law 

for the purpose of enforcing tribal law, and the licensees shall cooperate at all times with 

such Iaw enforcement officers. 

(c) The licensed premises shall be open to inspection by duly 

authorized tribal officials and officials of the National Indian Gaming Commission at all 

times during the regular business hours, 

(d) There sha'tl be no discrimination in the operations under a tribal 

license by reason of race, color or creed, age, sex, or national origin, provided, however, 

that a licensee shall give a preference in elnployment to qualified Indians. 

(e) Licensee shall not allow any person who receives any 

compensation, directly or indirectly, for the operation of a Class IT or Class IT1 game, to 

play any Class TI or Class III game at the facility where the person is compensated. 

Licensee shall not aITow any person who, without payment, assists in the operation of any 

Class II or Class III game of chance conducted by the operator, to play in any game 

conducted by the operator within 24 hours after the time said person did so assist. 
(0 Licensee may not allow Tribal Council member or Gaming 

Cummission member or Commission staff to play any Class I1 or Class 111 game licensed 

under this ordinance. 

(g) No firearms, air guns which are capable of discharging dangerous 

projectiles, including but not limited to b.b.'s or C02 guns, rifles, shotguns, pistols, or 

revoIvers; shall be offered or awarded as a prize or in lieu of a prize for winning at any 

of the activities authorized by this Ordinance. 

(h) No person involved in the operation of any activity authorized by 

this Ordinance shall. directly or indirectly, in the course of such operation, empIoy any 

device, scheme, or artifice to defraud, make any untrue statement of a fact, or emit to 

state a consideration of the circumstances under which such statement was made, or 

engage in any act, practice, or course of operation as would operate as st fraud or deceit 

upon any person. 

(i) Licensee may not accept for cashing any payroll check or a check 

from any federal or state agency including IRS checks, state assistance checks, or social 

security checks. 

Cj) Licensee shall notify the Commission of all vendor contracts 

between the gaming operation and vendors, including the nature of the contract and the 

amount. 

Licensee (k) shall comply with all applicable requirements of the 

Federal Internal Revenue Code. 

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to be employed in any primary management official or key employee position in any 

facility licensed under this ordinance. 
If the premises operated by a manager, manager shall ensure compliance with this 

section. 

Section 504 Consideration of gaming license 

The Commission shall consider all license applications within sixty days of a 

complete application. 

Section 505 Assiment or transfer 

No license issued under this Ordinance shall be assiped or transferred without 

the written approval of the Commission and the Tribal Council, both expressed by formal 

resolution. 

Section 506 Cancellation and suspension 

The licensee must have, and exercise, complete control over the premises being 

used for gaming at dl times ~8jd gzzer zre being p!-7yed. The !ice~see, the m2~2grr, 2~d 

the employees sl~all be legally responsibie fur my vioiaiion of the Ordinance. hy 

license issued hereunder may be canceled by the Commission for the breach of any of the 

provisions of this Ordinance or of the tribal license, upon hearing before the Commission, 

after 10 days notice of the claimed breach to the licensee. If the Band is the licensee, 

notice shall be served on the manager of the tribal operation. The time and place of the 

hearing shall be posted in the Tribal Ofice, and if time permits, in a local newspaper 

serving the Reservation. The licensee, manager. their attorney and any person affected 

by the license shall have the right to be present and to offer sworn oral or documentary 

evidence relevant 20 the breach charged. A license may be suspended during the TO day 

period by a majority vote of the Commission at a meeting at which a quorum is present. 

The decision of the Commission shaIl be final. 
Section 507 Inspection 

Gaming Inspectors of the Band shall have the right to gain access without notice 

during normal hours of operation, to all premises used for the operation of Class II and 

Class III games of chance on the Reservation, and may inspect all premises, equipment, 

daily records, documents or items related to the gaming. The State of Michigan shall 

have the right to gain access and may inspect all premises, equipment, daily records, 

documents or items related to the operation of Class 111 games of chance, subject to the 

following conditions: 

(a) Wit11 respect to public areas, at any time witho~~t prior notice; 

(b) With respect to private areas not accessible to the public, at any 

time during normal business hours, with 12 hours prior ~tten notice; and 

(c) With respect to inspection and copying of all tribal records relating 

to Class III gaming, with 48 hours prior written notice, not including weekends. 

Chapter 6: Licensing: of kev ernplovees. primaw management personnel, 

persons with financial interests in management contract and vendors 

Section 60 1 License required 

(a) The Commission shaIl ensure that the policies and procedures set out in 

this Section are impEwnented with respect to all persons or entities subject to a 

background investigation and requiring a license pursuant to the IGRA or the Tribal-StateCompact. Those required to obtain a license under this Section are: 

1. Allprimarymanagementofficialsandkeyemployeesofany 

gaming facility on the Reservation; 
3 

. All persons or entities with a financial interest in or having a 

management responsibility for a Class III management contract: 

and 

3. Vecd~rs as defined uxder this mdixmce to a Class I! md Class III 

gaming operation. 

(b) The initial license and renewal fee shall be set by the Commission and the 

renewal license fee shall be set by the Commission. 

Section 602 Licensin~ standard 

No one shall be issued a Iicense as a key employee or primry rnzficlfipmpnt E--~--~ 

official if he or she: 

(a) is under the age of 2 1 ; or 

(b) has been convicted of or entered a plea of guilty or no contest to a 

gambling related offense, fraud or misrepresentation; or 

(c ) has been convicted of or entered a plea of guilty or no contest to 

any offense not specified in subparagraph (b) within the immediately preceding five 

years; this provision shall not apply if that person has been pardoned by the Governor of 

the State where the conviction occurred or? if a tribal member, has been determined hy 

the Band to be a person who is not likely again to engage in any offensive or criminal 

course of conduct and the public good does not require that the applicant be denied a 

license as a key employee or primary management official; or 

(d) is determined by the Commission to have participated in organilea 

crime or unlawful gambling or whose prior activities, criminal record, reputation, habits, 

and/or associations pose a threat to the public interest of the Rand or the State of 

Michigan or to the et'fective regulation and control of gaming, or create or enhance the 

dangers of unsuitable, unfair or illegal practices, methods, and activities in the conduct of 
gaming or the carrying on of the business and financial arrangements incidental to the 

conduct of gaming. 

Section 603 Application for license 

(a) Each applicant for a gaming license shall, at the time of their hiring 

but prior to commencing empIoyment, fill out an application for a tribal license to be 

provided by the Commission. Each such application shall have printed on it the 

folIowing notices: 

In compliance with the Privacy Act of 1 974, the following information is 

provided: Solicitation of the information on this form is authorized by 25 

U.S.C. 2701 et. seq. The purpose of the requested information is to 

determine the eligibility of individuals to be employed in a gaming 

operation. The information will be used by National Indian Gaming 

Commission members and staffwho have need for the information in the 

performance of their official duties. The information may he disclosed to 

appropriate Federal, Tribal, State, local or foreign law enforcement and 

regulatory agencies when relevant to civil, criminal or regulatory 

investigations or prosecutions or when pursuant to a requirement by a tnbe 

or the National Indian Gaming Commission in connection with hiring or 

firing of an employee, the issuance or revocation of a gaming license, or 

investigations of activities while associated with a tribe or a gaming 

operation. Failure to consent to the disclosures indicated in this notice will 

result in a tribe's being unable to hire you in a primary management 

official or key employee position. 

1. The disclosure of your Social Security Number (SSN) is 

voluntary. However, failure to supply a SSN may result in emrs in processing your 

application. 
2. The following notice shaI1 be placed on the application 

form for a key employee or a primary official before that form is filled out by an 

applicant. 

A fahe statement on any part of your application may be gounds 

for not hiring you, or for firing you after you begin work. Also, you may be punished by 

fine or imprisonment. (US. Code, title 1 8, section 1 001 ). 

(b) The Commission shall request from all applicants for a gaming 

license all of the following information: 

1. Full name, other name used (oral or written), social security 

number(s), birth date, place of birth. citizenship, gender, all 

languages (spoken or written); 

2. Currently and for the previous five years: business and 

employment positions held, ownership interests in those 

businesses, business and residence addresses, and drivers 

license numbers: 

3. The names and current addresses of at least three personal 

references, including one personal reference who was 

acquainted with the applicant during each period of 

residence listed under paragraph (b) (2) of this section; 

4. Current business and residence telephone numbers; 

5. A description of any existing and previous business 

relationship with Indian tribes, including ownership 

interests in those business; 
6. A description of any existing and previous business 

relationships with the gaming industry generally. including 

ownership interests in those businesses; 

7 TL- --.I -11-- 1. I t~t. rlillrit: aIlu auulcss of any Iicensing or regulatory 

agency with wiiicil tile person has filed an application for a 

license or permit related to gaming, whether or not such 

license or permit was granted; 

8. For each felony fur which there is an ongoing prosecution 

or a conviction, the charge, the name and address of the 

court involved, and the date and disposition, if any; 

9. For each inisdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic ~i~!a?ions), within 1 0 

yems nf the date ~f the ~pplicztifin, the rime EE!?~ address of 

the court involved and the date and disposition; 

10. For each criminal charge (excluding minor traffic charges), 

whether or not there is a conviction, if such criminal charge 

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ofhenvise listed pursuant to paragraphs (8) or (9) of this 

section, the criminal charge, the name and address of the 

court involved and the date and disposition; 

1 1. The name and address of any licensing or regulatory 

agency with which the person has filed an application for 

an occupational license er permit, whether or not such 

license was granted; 

12. A current photograph; 
1 3. Any other information the Commission deems relevant; 

and 

14. Fingerprints. which shall be taken by the Huron Band of 

n-~ A -.-.: n-l+-- n. .. ruLawa:::x:: r:;::ce EepE~ment, consistent whh prGce&dTes 

adopted by the Tribe according to 25 C.F.R. $ 522.2(h). 

The National Indian Gaming Commission shall be the 

identified authorized entity that wiII process the fingerprint 

cards through the Federal Bureau of Investigations. 

Section 604 Background investization 

(2) The Commission shd! conduct an investiggtion suficie~t t~ m&e 

"n 7-*1.nrl a determination under Section 605. The Commission shall perform wab~gl v UI ICL 

investigations and issue licenses for all applicants for a gaming license according to 

requirements that are at least as stsingent as those in 25 C.F.R. Parts 556 and 55 8. In 

conducting a background investigation, the Commission or its agent shall promise to 

keep confidential the identity of each person interviewed in the course of the 

investigation. Any costs of SUC~ investigzttianc sha!! he paid by the 2pp!ic~fit. 

If the applicant satisfies a background investigation conducted by the National Indian 

Gaming Commission within the last six months of applying to the Band Commission, 

such investigation shall sufice for purposes of this Section. 

(b) The Commission shall employ qualified tribal investigators who 

shall be responsible for reviewing and verifying background information and criminal 

history record information (CHRI) reports. Access to CHRI reports shaii be iimited to 

tribal investigators and members of the Commission. 

(c) Procedures for Conducting Background Investigations. 

1. Infomation Vefification. Tfibd ..L-il ---.:+.--. LIIVCSL~~~LW~~ 311ail lcvlcw 

the required information provided by an applicant for a 

gaming license and shall: 
a. Verify the applicant's name, place of birth, date of 

birth and citizenshp by requiring the applicaiit to 

provide items such as a birth certificate, social 

security card or passport; 

b. Confirm the applicant's business and employment 

positions held and ownership interests in those 

businesses cu~ent!jr ad fcr the past five (5) yezii 

by attempting to contact through written letter, 

telephone calls or personal visits to past employers 

listed in the application and through ownership 

documentation such as copies of tax returns; 

c. Obtain the applicant's driving record by using the 

applicant's driving license number to contact the 

Department of Motor Vehicle in the state where the 

license was issued: 

d. 3. Ascertain onnxrr omnlrnonr character information LLVVUl * llLb ~f,rllLLLIIL 

by contacting personal references identified in the 

application; 

e. Inquire into any existing or previous business 

relationships the applicant has had with Indian 

tribes or the gaming industry, including the scope of 

those relationships, by contacting respectively the 

tribes or entities identified in the application; 

f. Verify the applicant's history and status with any 

licensing agency by contacting those agencies listed 

in the application and the National Indian Gaming 

Commission; 
g. Obtain information regarding any past felonies, 

misdemeanor convictions or criminal charges 

within the last ten (1 0) years by contacting state, 

city, county znr! tribal courts, md st&, ?ma! md 

tribal police departments in the applicant's area of 

residence; 

h. Obtain and verify any other infomation the 

Commission deems relevant to complete a thorough 

background investigation. 

(d) Once the tribal investigator has verified the accuracy of the 

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information and determine whether further investigation is warranted. If an anaIysis of 

the information reveals problem areas such as an applicant's criminal activities, finances 

or character, the tribal iiivesiigaior shall broaden the scope of the iiivestigatioii ijri such 

problem areas. 

(e) The tribal investigator shall prepare an investigative report which 

shall contain the following: 

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backgound investigation by a checklist of procedures 

completed; 

2. An explanation of the results obtained including describing 

any exceptions or negative information and additional steps 

taken to examine any exceptions or negative information; 

3. A statement as to the conclusions reached, whether positive 

or fie.rsti~.re. 2nd the basis w justifi;,cgtic~ fgr ~cch 

conclusion. Where exceptions, areas of concern or negative 
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investigative report; 

Section 605 Determination of Suitability 

Tl~e Commission shall review the investigative report prepared by the tribal 

investigator as the basis for reviewing a person's prior activities, criminal record, if my, 

and reputation, habits and associations to make a finding concerning the eligibility of a 

key employee or primary management otRiciai for ernpioyment in a gaming operation 

paj.4iig particular attention to ti j the irui'hh-ulness of the applicant's answers to questions 

asked; (ii) the applicant's criminal record, if any; (iii) any conflicting or additional 

information; and (iv) mitigating circumstances cited by the tribal investigator. If the 

Commission determines that employment of the person poses a threat to the public 

interest or to the effective regulation of gaming, or creates or enhances dangers of 

unsuitable, unfair, or illegal practices aiid meth~ds md xtivities in the cond.;e: of 

. - 1 II , 1 .1 , gaming, a rnanageme~t cofitractor or the t$~ai g~riiiig operaroii snaii iiot empioy iiiZT 

person. 

Section 606 Procedures for Forwarding Amlications and Re~orts to the National 

Indian gamin^ Commission 

(a) When a person required to be licensed begins work at a gaming 

operation authorized by this ordinance: the Commission shall forward to the National 

Indian Gaming Commissinr? a campleted app!ication fclr mp!c~.e~t and conduct the 

background l~vestigztion md make the detemi~ation referred to in Section 605. 

(b) The Commission shall fonvard the report referred to in Section 607 

to the National Indian Gaming Commission within 60 days after an employee begins 

work or within 60 days of the approval of this ordinance by the chairman of the National 

Indian Gaming Commission. 

(c) The gaming operation shall not employ a person who does not 

have a license after 90 days. 
Section 607. Report to the National Indian gamin,^ Commission 

(a) Pursuant to the procedures set out in Section 606, the Commission 

shall prepare and forward to the National lndian Gaming Commission an investigative 

report on each background investigation. An investigative report shaII include the 

following: 

2. Results obtained; 

3. Conclusions reached; and 

4. The bases for those conclusions. 

(b) The Commission shall submit, with the report. a copy of the 

eligibility determination made under Section 605. 

(c) If a license is not issued to an applicant, the Commission: 

1. Shall notify the National Indian Gaming Commission; and 

2. May forward copies of its eligibility determination and 

investigative report (if any) to the National Indian Gaming 

Commission for inclusion in the Indian Gaming Endividuals 

Records System. 

(d) With respect to key employees and primary managemei~t officials, 

the Commission shall retain appIications for employment and reports (if any) of 

background investigations for inspection by the Chairman of the National lndian Gaming 

Commission or his designee for no less than three 43) years from the date of termination 

of employment. 
Section 608. Granting a Gamine License 

jaj if,~~~inat~i~y(~~)dayperiodafter~~Le~a~ioiia~~iidiari~am

Commission receives a report, the National Indian Gaming Commission notifies the 

Commission that it has no obj jection to the issuance of a Iicense pursuant to the Iicense 

application fllecl by a key employee or a primary management official for whom the 

Commission has provided an application and investigative report to the National Indian 

Gaming Commission, the Commission may issue a license to such applicant. 

(b3 The Comrnission shall respond to a request for additional 

information froin the Chairman of the National Indian Gaming Comrnission concerning a 

key employee or a primary management oficial who is the subject of a repoi;. SiicIi = 

request shall suspend the 30-day period under subsection (a) of this section until the 

Chairman of the National Indian Gaming Commission receives the additional 

inf~~~ticfi. 

(c) If, within the thirty (30) day period described above, the National 

Indian Gaming Commission provides the Commission with a statement itemiring 

objections to the issuance of a license to a key employee or a primary management 

official for whom the Commission has provided an application and investigative report to 

the National Indian Gaming Commission, the Commission shaII reconsider the 

application, taking into account the objections itemized by the NationaI Indian Gaming 

Commission. The Commission shall make the final decision whether to issue a license to 

such applicant. 

Section 609 Duration of license 

Each license shall be effective for a period of one year. Prior to expiration of the 

license, the licensee shall update the information produced during the origifid 

investigation. The Commission shall conduct a review to determine that each licensee 
continues to meet the standards of Section 602. If the Commission finds that the licensee 

continues to meet the standards, it shall renew the license for an additional year. Notice 

of any such renewals shall be forwarded ts the Natiena! Indian C-a~ir;g Commissic:n. 

Section 6 10 Hearing 

Any person who applies for a license under this Chapter may request a hearing 

before the Commission on its license application. The Commission may grant such a 

request for a hearing in its sole discretion, provided that, if the hearing is requested by a 

person or entity whose application under this Chapter has been denied by the 

Commission and such request is made in writing within 30 days of the denial, such 

request for a hearing shall be granted. At any hearing under this section, the applicant 

shall have the right to be present, be represented by counsel at the applicant's own 

expense, io review aii evidence before the Commission on the appiication, and to preseni 

additional ora! or documentary evidence in support of the application. The decision of 

LT-- - ' 

LUG ~olri~riission shall be in writing, and s'naii be rendered within three days of the 

hearing. The decision of the Commission shall be final. 

Section 6 1 1 License suspension 

(a) If, after issuance of a license under this Chapter, the Commission 

receives reliable information that a license is not eligible for employment under this 

Chapter, the Commission shaIl suspend the license and notify the licensee in writing of 

the suspension and proposed revocation. Such suspension shall not extend beyond 7 days 

without a hearing. 

(b) The Commission shall notify the licensee of the time and place of a. - -- .- - +La tranc;-.* A + +L- Lnn.i...- +I..* I.--'.-- 1, L- ,.-A &,.A A- UL~ ILLUIIIL~. nt LIIG IICQI III~,, UIC IILCIISCC shall ut; G~LL~L~GU LV h Tights specified iii Section 

609. 

(c) After a revocation hearing, the Commission shall determine, based 

on the evidence presented at the hearing, whether to revoke or reinstate the license, Tf the 

licensee continues to meet the standards of Section 602, the license shalI be reinstated. If 
not, the license shall be revoked. The Tribe shall notify the National Indian Gaming 

Commission of its decision. The decision of the Commission shall he final. 

Section 6 12. False or Misleading Information 

Nohvithstanding my other provision, any person who supplies materially false or 

misleading information, or who has omitted material information in connection with the 

requirement of this Chapter, shall be denied a license. 

Section 613 Effect of license denial 

No person or entity denied a license under tinis Chapter shaii be ernpioyed in any 

capacity at a tribally authorized gaming facility, provided that such person shall be 

eligble to reapply for a license one year or more after the license denial. 

Chapter 7: Manaoernent Contractors 

Section 70 1 Management contracts allowed 

Subject to the npprovaI of the Tribal Commission and the National Indian Gaming 

Commission, the Band may enter a management contract for the operation and 

management of gaming activities. 

Section 702 Standard for approval 

The Commission shall not approve any management contract unless its terms 

include: 

(a) Adequate accounting procedures to be maintained by the 

contractor and verifiable financial reports submitted to the licensee and the Commission 

on a monthly basis. 
(h) Access to the daily operation of the gaming facility for appropriate 

gaming officials, who shall also have the right to verify the daily gross revenues and 

income made hm the gaming activity. 

(c) A minimum guaranteed payment to the Band that has preference 

over the retirement of development and construction costs. 

(d) A contract term not to exceed seven years. 

(e) A management fee not to exceed 40 percent of the net revenues of 

the gaming activity. 

(0 Grounds and mechanisms for terminating the contract. 

Section 703 Submission to the National Indian Gaming Commission 

- 

1 he Band shall submit to the National Indian Gaming Commission for approval 

any management contract for the operation of a Class I1 or Class III game. The Band 

shall submit with the contract all information required by the National Indian Gaming 

Commission for its review of the contract. 

Chapter 8: Class IE Gaming 

Section 801 Conditions 

The following conditions and restrictions shall apply to the conduct of Class I1 

gaining, including bingo: 

(a) No person who is under the age of 1 S shaIl participate or pIay in 

any Class I1 game of chance. It shall be the responsibility of the licensee and ofthose 

persons physically operating the games to determine that no unauthorized person is 

allowed to play in or participate in any manner in the operation of any bingo game. 
(b) All Class I1 licensees shall impose a uniform charge on all players 

for the bingo cards to be used in each bingo game. The rate to be charged players for 

cards shaII be fixed by each licensee and posted conspicuously on the premises. No 

person shall be allowed to play in a game without first paying this uniform charge. Each 

person paying for the oppoflunity to participate in a bingo game shall be given a bingo 

card which shall be numbered and can be readily identified as belonging to that licensee. 

Each card issued sl~all represent a specific amount of money which has been paid to the 

licensee. The amount of prize money represented by each card issued shall be clearly 

made known to all players prior to anyone paying to participate in the activity. 

(c) Bingo cards shall be sold and paid for, only in advance for use in a 

specified game or games. All sales of bingo cards shall take place upon the premises and 

upon the occasion that the bingo games for which the card is being sold are conducted. 

No cards may be sold on credit or as a gift or loan of any kind whatever. 

Id) Each numbered ball, or other device, used in a bingo game for the 

selection of numbers to be called in play shaII be the same weight as each of the other 

balls or devices used for the purpose in that game. Immediately following the calling of 

each number in a bingo game, the caller shall turn the portion of the ball or other device 

used to determine which number is called which shows the number and letter to the 

participants in the game so that participants may know that the proper number has been 

called out, Nothing in this section shall prohibit the use of electronic, computer or other 

technological aids in games of bingo or other games of chance provided that ssucil aids me 

used properly and fairly. 

Chapter 9: Class I11 Gaminq 

Section 90 1 Ap~licabilitv 

In addition to the forms of Class II gaming authorized pursuant to Chapter 8, the 

Band shall be authorized to conduct Class 111 gaming. This chapter imposes conditions 

and regulations on Class III gzrr,ir,g i: additi~:: tc the cc~&iti~ns. i: Chapter 5 which are 

applicable to all gaming on the Reservation. 
This chapter applies to Class 111 gaming, as defined in Section 205 of this 

Ordinance and in the Indian Gaming Regulatory Act at 25 U.S.C. $2703(8). that occurs 

or? !mds within th~ Sf& ~f Michigm ~vv~ich are G:: the H.;rol; Eand of Pot~w~tomi 

Reservation, held in trust by the United States for the Band or individual Indians or are 

otherwise subject to the jurisdiction of the Huron Band of Potawatorni. 

Section 902 Governing law 

Class 111 gaming under this chapter shall be governed by and conducted in 

conformity with the laws of the Huron Band of Potawatami, the Michigan Compact and 

the laws of the United States. 

Section 903 Adoption of compact 

The Michigan Compact is hereby incorporated within and enacted as an integral 

part of this Ordinance with respect to all forms of Class 111 gaming, and is made a past of 

this Ordinance as if set f~rtli in hll hadii; provided hoii;eiia, thzt ~i~i~iliiiig in the 

adoption of the Michigan Compact herein shaIl be deemed to affect the operation by the 

Band of Class 111 gaming, or the operation by the Band of Class II gaming on any portion 

of the Reservation, or to confer upon the State of Michigan any jurisdiction over Class I1 

gaming conducted by the Band on the Reservation. 

Section 904 Minimum age requirement 

No person under the age of 21 shall be allowed to play any Class 111 game on the 

Resersrztion. If my pernor! below the age of 2 ! p!~ys z~c! qualifies to wir, any C!ass !I! 

- game, the prize shall not be paid, and the amount wagered during the course of the game 

shall not be returned to the minor. 

Section 905 record keep in^ resuirement 
Each location which contains video games of chance s'naii have an interconnected 

one-way reporting system which shall provide, for each machine, periodic analytic 

reports that record coins in and coins out, calculate actual hold, and compare actual hold 

to theoretical percentages. Reports shall be prepared on at least a monthly basis and shall 

be made available for inspection by agents of the State of Michigan. The reports shall be 

maintained by the Band for a minimum of three years. 

Section 906 Technical standards 

The provisions of Section 6 of the Michigan Compact, "Providers of Class 111 

Gaming Equipment or Supplies," ~,.e hereby ad~pted md inc~rper~ted i~t:t= this 

Ordinance. 

Section 907 Accounting standards 

The accounting standards of Amwka;; !ns:iV~te of Certified Piib!ic A~~0iiiit~iit~ 

are hereby adopted and incorporated into this Ordinance. 

Chapter 10: Jurisdiction Over Class IT1 Gaming 

Section 100 1 Civil iurisdiction in Michigan 

The Huron Potawatomi Tribal Court shall have civil jurisdiction exclusive nf the 

State of Michigan over all transactions or disputes related to or arising from gaming 

oi the Res erv.z pioii or in Micflig-- LL:- 0-A: ----- "dl1 UIIUGI 11115 WIUlIlitl1C;G. 

Section 1002 Criminal itlrisdiction in Michigan 

me Huron Pntnwatnmi Tiha! Cnud shall have criminal jurisdiction awc!usiv~ of 

the State of Michigan over all persons who are Indian in any criminal proceeding related 

to or arising from gaming conducted on the Reservation in Michigan. The courts of the 

State of Michigan shall have jurisdiction over persons who are non-Indians in a criminal 

proceeding related to or arising from gaming conducted, tn the extent set forth in the 

Michigan Compact. 
Section 1003 Federal jurisdiction 

Nothing herein shall be construed to limit or deprive the federal courts of any civil 

or criminal jurisdicuon which they might orimwise nave. 

Chapter 1 1: Penalties 

Section 1 1 01 Criminal penalties 

Violation of this Ordinance shall constitute a Class A misdemeanor. 

Section 1 102 Civil penalties 

Notwithstanding criminal penaIties which may be imposed, any individual who 

violates any provision of this Ordinance shall be subject to civil penalties including 

exclusion from employment by any Band gaming enterprise, exclusion h~n attendance 

at any Band gaming facility, or exclusion from the Resewation if a non-member of the 

Band. The Tribal Court shall have the jurisdiction to impose any such civil penalty on 

any person within the jurisdiction of the Band to impose such penalty. 

Chapter 12: Customer Disputes 

Section 120 1 Customer Disputes 

Any person who has any dispute, disagreement or other grievance that involves 

currency, tokens, coins or any other thing of value and is between the customer or player 

and a band licensed gaming facility, may raise such dispute with the following persons 

and in the following order: a) a member of the staff of the facility, b) the supervisor in 

the area in which the dispute arose. c) a managerial level supervisor of the facility, d) the 

Band Gaining Commission. 

Section 1 202 Customer ri&i+ts regarding dispites 
At each level, the complainant has the right to explain his side of the dispute, and 

to present witnesses in connection with any factual allegation. At each leve1. if the 

dispute remains unresolved, the complainant shall be informed of this right to take the 

dispute to the next higher level as set forth in Section 1201. Resolution of any dispute by 

staff of the facility shall always invoive two or more staff members. Aii disputes, 

whether resolved or not. shall be the subject of a detailed report by all staff involved ta 

their supervisors, or, in the case of the senior staff member handling a dispute, and t~ the 

Band Gaming Commission. 

Section 1203 Commission action on customer disputes 

All disputes which are submitted to the Band Gaming Commission shall be 

decided by the Commission based on information provided by tb6e complainant. any 

witnesses for or documents provided by the complainant, as by the licensee or manager 

of the facility or any other person who has relevant information to provide. The decision 

of the Commission shaIl be in writing shall be issued within 14 days of submission of the 

matter to the Commission. and shall be provided to the licensee or manager of the facility 

and the corr?p?ainant. 711~ decision nf the Commissi~n sha!! be find. 

Chapter 13: kliscellaneous 

Section I 30 1 Severability 

In the event that any section or provision of this Ordinance is held invalid. the 

remaining sections or provisions shall continue in full force and effect. 

Section 1302 Agent 

For purposes of service dm 25 CFR 519.1 the Chair;;;&? of Hur~n P~tzwiit~iiii 

Tribe, Inc. shall be deemed the agent. Such service shall be delivered to 222 1 ?4 Mile 

Road, Fulton, Michigan 49052. 
History: Adopted December 1 1, 1999, Resolution No. 12- 1 1-99: Adopting of Tide V of the Tribal 

Code of Justice. 

Amended May 1 S1 2000, Resolution No. 05-1 8-00-03: Amending Title V of the Tribal 

Code of Justice. 

Amended June 15,5000. Resolution No. 6-15-00-0 1 : Re-Adopting of Title V of the 

Tribal Code of Justice. 

Approved by National Indian Gamins Commission on Atlgust 7.2000 

Amended June 25.2009. Resolution No. 06-25-09-01 : Amendment to the Gaming 

Ordinance 

Approved by NationaI Indian Gaming Commission on: