Anthony Reider, President 

Flandreau Santee Sioux Tribe 

P.O. Box 283 

Flandreau, SD 57028 

January 13, 2017 

Re: Flandreau Santee Sioux Tribe amended Class II Gaming Ordinance 

Dear President Reider: 

This letter responds to your request, received October 24, 2016, for the National Indian Gaming 

Commission Chairman to review and approve the Flandreau Santee Sioux Tribe's Title 18, Class II 

Gaming Ordinance, as amended pursuant to Tribal Governing Board Resolution Nos. 16-93, dated 

October 11, 2016, and 16-113, dated December 20, 2016. 

The amendments include an express authorization of the use of agents to conduct bingo and 

updated employee licensing provisions reflecting the most recent amendments to NIGC regulations. 

Thank you for bringing the amended ordinance to our attention. The Class II Gaming Ordinance is 

approved to the extent it is consistent with the requirements of the Indian Gaming Regulatory Act and 

NIGC regulations. 

I must clarify, however, that I approve this ordinance, with the understanding that it extends only 

to agency relationships that are formed on the Tribe's Indian lands. 1 Ina1995 Multimedia opinion, 

NI GC Chairman Montie Deer approved a method of playing bingo with the use of agents. 2 Importantly, 

however, the Multimedia method required the principal to appear at the casino on Indian lands to specify 

the games to be played and the amount to be wagered.3 NIGC continues to view the act of wagering, that 

is, the principal' s act of determining the amount to be wagered, the games to be played, and the number 

of cards to be played per game, is a gaming activity that must occur on Indian lands to be authorized by 

the IGRA. 

1 Flandreau Santee Sioux Title 18, Class II Gaming Ordinance§ IV. 2 Letter to Larry Montgomery, President and COO, Multimedia Games from Harold Monteau, Chainnan, NIGC, July 26, 

1995. 

3 Id. 

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1 049 C Street NW, Mriil Stop # l 621 Wo$liington, DC 20240 l'el, 202.632.7003 Fox: 20 2.632.7066 

REGIONAL OFFICES Po,tlcmd, OR: Sauamento, CA; Phoenix, AZ; St. Poul, MN; Tul•a, OK; O lclcihomci City, OK 

WWW.NIGC.GOV 
President Anthony Reider 

Re: PSST Class II Ordinance Approval 

January l 3, 2017 

Page 2 of2 

Additionally, the United States District Court for the Southern District of California in State of 

California v. lipay Nation of Santa Ysaber4 recently similarly ruled that wagers must occur on Indian 

lands. The court in lipay considered a game that allowed patrons physically located off tribal lands to 

participate in gaming via Internet connected remote devices and computer servers on the Tribe's Indian 

land. The game had a proxy system on its Indian lands comprised of a fully electronic system which 

received and processed the patron's requests to wager and personnel titled "Patron's Legally Designated 

Agent" and "Proxy Monitors."5 The court rejected lipay's contentions that because of the agent's 

location on Indian lands, gaming activity fell within the scope of IGRA, stating, "the gaming activity is 

not the software~generated algoritluns or the passive observation of the proxy monitors. Rather, it is the 

patrons' act of selecting the denomination to be wagered, the number of games to be played, and the 

number of cards to play per game.''6 Further, the court conclud~ "(l]t is the patrons' activities off 

Indian lands that serve as the appropriate measure for determining the situs of gaming activity for. 

purposes ofIGRA and UIGEA. To entertain the fiction of proxy play would permit Tribal Defendants to 

readily thwart the limits Congress imposed by statute."7 

Based on this holding, as well as past NIGC determinations, I felt it important to clarify that the 

ordinance is approved with the understanding that all gaming activity will occur on Indian lands as 

defined by IGRA. Further, it is my hope that bringing this issue to your attention will help you assess 

future actions. As you may know, our agency is focused on addressing anything that may amount to 

gamesmanship on the backs of tribes. If you have any questions, please feel free to contact Staff 

Attorney Jennifer Lawson at (202) 632-7003. 

Sincerely, 

o. 

cc: Patrick Bergin, Fredericks Peebles & Morgan 

4 State r~f California v. Ji pay Nation of Santa Ysabel, case no. 3: I 4-cv-02724 (S.D. Cal.) (Dec. 12, 2016) (Consolidating 

United States v. !ipay Nation of Santa Ysabel, case no. 3: 14-cv-02855). 5 id. at 5. 6 Jd at23. 7 Id at 30. 
1 

Flandreau Santee Sioux Tribe 

P.O. Box 283 Flandreau, SD 57028 

RESOLUTIONN0.16-93 

Ph. 605-997-3891 

Fax 605-997-3878 

www.santeesioux.com 

\VHEREAS, the Flandreau Santee Sioux Tribe (the "Tribe") is a foderally recognized Indian 

Tribe organized pursuant to the Constitution and By-laws approved by the 

Secretary of Interior and Commissioner of Indian Affairs on April 24, [936, 

amended February 7, 1941, further amended November 16, 1967, fwther 

amended November 14, 1984, and finally amended May 17, 1997; and 

WHEREAS, Ai1icle Ill of the Tribe's Constitution and I3y-laws provides that the governing 

body of the Tribe shall be the Executive Committee; and 

'V HENEAS, Article V Ill Section I ( t) of the Constitution provides that the Executive 

Committee may promulgate and enforce ordimmces governing and regulating the 

conduct of persons on the re:-;ervation; and 

WHEREAS, Article VIII Section 1 (h) of the Constitution provides that the Executive 

Committee has the authority to adopt resolutions consistent with the Constitution 

and By-Laws regulating the procediu-es of the Executive Committee and other 

tribal agencies, of.ficials, or organizations of the folandreau Santee Sioux Tribe; 

and 

WHElffiAS, pursuant to these powers the Executive Committee enacted Title 18, Class lI 

Gaming Ordinance on August 12, 1994 by Resolution 94-46; and 

WHEREAS, the Executive Committee submitted Resolution 94-46 and Title I 8, C]ass JI 

Gaming Ordinance to the Chairman of the National Indian Gaming Commission 

for his approval in accordance with the Indian Gaming Regulatory Act of 1988; 

and 

'VHEREAS, on August 17, 1994, the Chairman of the National Indian Gaming Conunission 

approved Title 18, Class II Gaming Ordinance was approved; and 

WHEREAS, on July 21, 2016, the Executive Committee Amended Title )8 in Section 11, and 

VII(A) to be read as follows: 

In Section II. Gaming Authorized, by adding the following paragraph -

Any person who plays the game of d1ance commonly known as 

bingo, as defme<l by the Indian Gaming Regulatory Act of 1988 at 

Tribal Resolution No. 16-93 

Page 1of3 
I 

and; 

Section 2703(7)(A)(i) of Title 25 of the United States Code, may 

appoint an agent to play the game on his or her behalf so long as 

the agent plays the game at a gaming facility located on tribaJ 

lands. For purposes of this Title: all gaming activity performed by 

an agent on behalf of a principal is deemed to occur at the agent's 

location on tribal lands with no regard to the location of the 

principal. 

In Section VII (A), Definitions, by rnmunbering the section so that the 

definitions appear in alphabetical order and by inserting the follo'Aring 

two definitions -

Agent means a person who is authorized to act for or in place of 

another. 

Principal means a person who authorizes another to act on his or 

her behalf as an agent. 

WHEREAS, the updated resolution was submitted to the National Indian Gaming 

CoII1Illlssion, and after its preliminary review, the NIGC has requested several 

changes be made to the Ordinance to be consistent with federal regulation; and 

NOW THEREFORE BE IT RESOLVED that the Executive Committee hereby amends Title 

18 entitled the "Class II Gaming Ordinance" as set forth in the attached Ordinance, and officially 

·withdraws its .July 26, 2016 submission to the >JIGC; and 

BE IT FURTHER RESOLVED that Executive Committee directs its attorneys to submit the 

recently Amended Class II Gaming Ordinance to the Chairman of I.he National Indian Gaming 

Commission for review and approval; and effective upon receipt of such approval; and 

BE IT FINALLY RESOLVED that when this ordinance shall become effective and all prior 

inconsistent ordinance and law will be immediately revoked upon receipt of the approved by the 

Chairman of the National Indian Gaming Association. 

[Intentionally Left Blank] 

Tribal Resolution No. 16-93 

Page 2 of3 
. . . . CERTIFICATION . 'fh 

The foregomg Resolution was duly enacted and adopted on this L day of October, 2016 by 

the Executive Committee of the Flandreau Santee Sioux Tribe during a duly called meeting witb 

a quonun was present of _fa_ In Favor,___{)_ Opposed, __Q_ Abstaining, and _}_ Not Voting, 

as follows: 

Vice President, Andrew Weston: @ NO ABSTAIN NOT PRESENT 

Secretary, Gordon Jones, Jr.: ~ NO AilSTAlli' NOT PRESENT 

Trustee I, Jean Paul Roy: @ NO ABSTAIN NOT PRESENT 

Trustee 11, David Kills-A-Hundred: @ NO ABSTAIN NOT PRESENT 

Trustee III, Michael Weston: ~ NO ABSTAIN NOT PRESENT 

Trnstee IV, John Jason Armstrong: ~ NO ABSTAlli' NOT PRESENT · 

President, Anthony Reider (If Required): YES NO ABSTAIN NOT PRESENT 

,,11 -=:=z:e ::::----c: r 

Anthony Reider, Tribal Prt)sident 

Tribal Resolution No. 16-93 

Page 3 of3 
Flandreau Santee Sioux Tribe 

P.O. Box 283 Flandreau, SD 57028 

RESOLUTIONN0.16-113 

Ph. 605-997-3891 

Fax 605-997-3878 

www.santeesioux.com 

WHEREAS, the Flandreau Santee Sioux Tribe (the "Tribe") is a federally-recognized Indian 

Tribe organized pursuant to a Constitution and By-laws approved by the 

Secretary of Interior and Conunissioner of Indian Affairs on April 24, 1936, 

amended February 7, 1941, further amended November 16, 1967, further 

amended November 14, 1984, and further amended May 17, 1997; and 

WHEREAS, Article III of the Tribe's Constitution and By-laws provides that the governing 

body of the Tribe shall be the Executive Conunittee; and 

WHEREAS, Article VIII Section l(e) of the Constitution vests the Executive Conunittee with 

the power to acquire, lease, or otherwise manage all lands or other assets, either 

real or personal, for the benefit of the Tribe as authorized by law except that 

where lands or assets are under the jurisdiction of the Federal government; and 

WHEREAS, Article VIII Section l(f) of the Constitution vests the Executive Conunittee with 

the power to promulgate and enforce ordinances governing and regulating the 

conduct of all pers;ns on the reservation; and 

WHEREAS, Article VIII Section l(h) of the Constitution vests the Executive Committee with 

the power to shall have the power to adopt resolutions consistent with such 

Constitution and By-laws, regulating the procedure of the Executive Committee 

itself and of other tribal agencies, tribal officials or tribal organizations of the 

Tribe; and 

WHEREAS, Federal Regulations provide that the Tribe shall perform a background 

investigation for each primary management official and for each key employee 

of a gaming operation, 25 CFR § 556.4; and 

WHEREAS, 25 CFR § 556.4(c) specifically provides: "In conducting a background 

investigation, a tribe or its agents shall keep confidential the identity of each 

person interviewed in the course of the investigation," and Tribal gaming 

regulations do not currently contain this provision; and 

WHEREAS, the Executive Committee finds it is in the best interests of the Tribe for the Tribe 

and its agents to comply with the requirements of25 CFR § 556.4(c) and for the 

Tribal Gaming Conunission to adopt 25 CFR § 556.4(c) as a tribal gaming 

regulation in accordance with its procedures and the class II and class III gaming 

FSST Resolution No. 16-113 

Page 1 of2 
ordinance; and 

NOW THEREFORE BE IT RESOLVED that the Executive Committee affirms that the Tribe 

and its agents will comply with the requirements of 25 CFR § 556.4(c) when conducting 

background investigations; and 

BE IT FURTHER RESOLVED the Executive Committee directs the Tribal Gaming 

Commission to adopt 25 CFR § 556.4( c) as a tribal gaming regulation in accordance with its 

procedures and the class II and class III gaming ordinance if it has not done so already. 

CERTIFICATION 

The foregoing Resolution was duly enacted and adopted on this 2P~ay of December, 2016 

by the Executive Committee of the Flandreaufiee Sioux Tri;iuring a duly called meeting 

with a quorum was present of_!/___ In Favor, Opposed, Abstaining, and _I_ Not 

Voting, as follows: 

Vice President, Andrew Weston: YES NO ABSTAIN NOT PRESENT 

Trustee 

Secretary, 

I, Jean 

Gordon 

Paul 

Jones, 

Roy: 

Jr.: 

m's) 

YES 

NO 

NO 

ABSTAIN 

ABSTAIN ~ 

NOT PRESENT 

Trustee II, David Kills-A-Hundred: @b NO ABSTAIN NOT PRESENT 

Trustee III, Michael Weston: d'E0 NO ABSTAIN NOT PRESENT 

Trustee IV, John Jason Armstrong: ~ NO ABSTAIN NOT PRESENT 

President, Anthony Reider (If YES NO ABSTAIN f6TPRES~~0 Required): 

7:: y', P. !/-Nofl£L-f LUe-' ~ Anthony Reider, Tribal President 

FSST Resolution No. 16-113 

Page2 of2 
July 21, 2016 Ordinance 

TITJ,E 18 

CLASS II GAMING ORDINANCE 

TABLE OF CONTE~TS 

I. Purpose 

The Flandreau Santee Sioux Tribe, a l~derally recognized Indian Tribe, organized pursuant to the 

Indian Reorganization Act of June 18, 1934 ( 48 Statute 984) and (25 U.S.C. Section 76) and a 

Constitution and Dy-Laws approved March 13, 1936 by the Secretary of the Interior and ratified 

by the members of the Flandreau Santee Sioux Tribe on April 4, 1936, through the Executive 

Committee of the Tribe (hereinafter "Tribe") empowered by the Constitution and By-Laws 

pursuant to Article Vlll, Section 1 (t) to enact Ordinances, hereby enacts this Ordinance in order 

to set the terms for Class 11 gaming operations on tribal lands. 

II. Gaming Authorized 

Class II gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-447, 25 U.S.C. 

Section 2703 (7) (A) ("IGR.A") and by the regulations promulgated by the National Indian 

Gaming Commission at 25 C.F.R. Section 502.3 (as published in the Federal Register at 57 FR 

12382-12193 April 9, ] 992) is hereby authorized. 

Any person who plays the game of chance commonly known as bingo, as defined by the Indian 

Gaming Regulatory Act of 1988 at Section 2701(7)(A)(i) of Title 25 of the Cnited States Code, 

may appoint an agent to play the game on his or her behalf so long as the agent plays the game at 

a gaming facility located on tribal lands. For purposes of this Title, all gaming activity performed 

by an agent on behalf of a principal is deemed to occur at the agenf s location on tribal lands 

with no regard to the location of the principal. 

III. Ownership of Gaming 

The Tribe shall have the sole proprietary interest in and responsibility for the conduct. of any 

gaming operation authorized by tl1is Ordinance. 

IV. Use of Gaming Revenue 

A. Net revenues from Class II gaming shall be used only for the following purposes: I) 

to fund tribal government operations and programs; 2) to provide for the general 

welfare of the Tribe and its members; 3) to promote tribal economic development; 
donate to charitable organizations; 4) or to help fund operations of local government 

agencies. 

B. If the Trihe elects to make per capita payments to tribal members, it shall authorize 

such payments solely upon approval of a plan submitted to the Secretary of the 

lntcrior under 25 U.S.C. Section 2710 (b) (3). 

V. Audit 

A. The Tribe shall cause to be conducted annually an independent audit of gaming 

operations and shall submit the resulting audit reports to the l\ational Indian Gaming 

Commission. 

B. All gaming related contracts that result in the purchase of supplies, services, or 

concessions in excess of $25,000.00 annually, except contracts for professional legal 

and accounting services, shall he specifically included within the scope of the audit 

that is described in subsection A. above. 

VI. Protection of the Rnvironment and Public Health and Safety 

Class 11 gaming facilities shal I he constructed, maintained and operated m a manner that 

adequately protects the envirollll1ent and the public health and saldy. 

VII. Licenses for Key Employees and P1·imary Management Officials 

The Tribe shall ensure that the policies and procedures set out in this section are implemented 

Vvith respect to key employees and primary management officials employed at any Class II 

gaming enterprise operated on Indian lands: 

A. J>efinitions - For the purposes of this section, the following definitions apply: 

J. AGENT means a person who is authorized to act for or in place of another. 

2. KEY employee means: 

(a) A person who performs one or more of the following functions: 

1. bingo caller 

2. counting room supervisor 

3. chief of security 

4. custodian of gaming supplies or cash 

5. floor manager 

6. pit boss 

7. dealer 
8. croupier 

9. approver of credit, or 

10. custodian of gaming devices including persons with access to cash and 

accounting records with such devices, 

(b) if now otherwise included, any other person whose total cash compensation is in 

excess of $50,000.00 per year, or 

(c) if not otherwise included, the four most highly compensated persons in the 

gaming operation. 

3. PJUl'v1ARY MANAGEMENT OFFICIAL Means: 

(a) The person having management responsibility for a \1anagemcnt Contract. 

(b) Any person who has authority: 

1. To hire and !ire employees; or 

2. To set up working policy for the gaming operation; or 

(c) The Chief Financial Officer or other person who has financial management 

responsibility. 

4. PRINCIPAL means a person who authorizes another to act on his or her behalf as an 

agent. 

B. Application Forms 

1. The following notice shall be placed on the application form for a key employee or a 

primary management official before that form is filled out by an applicant: 

In compliance with the Privacy Act of 1974, the following information is provided: 

Solicitation of the information on this form is authorized by 25 U.S.C. 2701 at. 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 ::-.J"ational 

Indian Gaming Commission members and staff who have need for the information in 

their performance of their official duties. The information may be 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 Tribe or the National Indian Gaming 

Commission in connection with the 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. 
The disclosure of your Social Security '.'Jumher (SSN) is voluntary. I lowcver, failure 

to supply a SS:t\ may result in etTors in processing your application. 

2. Existing key employees and primary management officials shall either: 

a. complete a new application form that contains a Privacy Act notice; or 

h. sign a statement that contains the Privacy Act notice and consent to the routine 

uses described in that notice. 

3. The following notice shall be placed in the application form f(ir a key employee or a 

primary official before that fo1m is filled out by an applicant. 

A false statement. on any part of your application may be grounds for not hiring you, or 

for firing you after you begin work. Also, you may be punished by fine or imprisonment. 

(U.S. Code, Title 18, Section 1001). 

4. The Tribe shall notify in writing existing key employees and primary management 

officials that they shall either: 

a. Complete a new application form that contains a notice regarding false 

statements; or 

b. Sign a statement that contains the notice regarding false statements. 

C. Background Investigations 

1. 'lbe Tribe shall request from each primary management official and from each key 

employee all of the following information: 

a. full name, other names used (oral or written), social security numher(s), birthdate, 

place ol"hirth, citizenship, gender, all languages (spoken or written); 

b. currently and for the previous five years: business and employment positions 

held, ownership interests in those businesses, business and residence addresses, 

and dr.iver's license munbers; 

c. the names and current addresses of at least three personal references who were 

acquainted with the applicant during each period of residence listed under 

paragraph (l) (b) of this section; 

d. current business and residence telephone num hers; 

e. a description of any existing and previous business relationships with the gaming 

industry generally, including ownership interests in those businesses; 

f. the name and address of any licensing or regulatory agency with which the person 

has filed an application for a license or pcnnit rcl.ated to gaming, whether or not 

such license or permit was granted; 
g. for each felony for which there is an ongoing prosecution for a conviction, the 

charge, the name and address of the Comt involved, and the date and disposition 

if any; 

h. for each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor tratlic violations), \Vithin (ten) 10 years of the date of the 

application, the name and address of the Court involved and the date and 

disposition; 

i. for each criminal charge (excluding minor traHic charges), whether or not there is 

a conviction, if such criminal charge is within ten (1) years of the date of the 

application and is not othe1wise listed pursuant to paragraph (I) (h) or (1) (i) of 

this section, the criminal charge, the name and address of the Court involved and 

the date and disposition; 

J. the name and address of any licensing or regulatory agency with which the person 

has tiled an application for an occupational license or pe1mit, whether or not such 

licensee or permit was granted; 

k. a current photograph; 

1. any other information the Tribe deems relevant; and 

m. fingerprints consistent with procedures adopted by the Tribe according to 25 

C.F.R. Section 522.2 (h). 

]). Rligibility J>ctcrmination 

The Tribe shall review a person's prior activities, criminal record, if any, and reputation, 

habits and associations to make a finding concerning the eligibility or a key employee or 

primary management official for employment in a gaming operation. Tf the Tribe 

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 and methods and activities in the conduct of gaming, a tribal gaming 

operation shall not employ that person in a key employee or primary management official 

position. 

E. Procedures for Forwarding Applications and Hcports for Key Employees and 

Primary Management Officials to the National Indian Gaming Commission 

1. When a key employee or primary management official beings work at a gaming 

operation authorized by this Ordinance, the Tribe shall forward to the National Tndian 

Gaming Corrunission a completed application for employment and conduct the 

background investigation and make the detcnnination rcfcn-cd to in subsection D. of 

this section. 
2. The Tribe shall forward the report refoned to in subsection F. of this section to the 

>Jational Indian Gaming Commission within sixty (60) days of the approval of this 

Ordinance by the Chairman of the National Indian Gaming Conunission. 

1. The gaming operation shall not employ as a key employee or primary management 

official a person who does not have a license after ninety (90) days. 

F. Report to the National Indian Gaming Commission: 

1. Pursuant to the procedures set out in subsection E. of this section, the Tribe shall 

prepare and fi.nward to the National Indian Gaming Commission an investigative 

report on each background investigation. An investigative report shall include all of 

the following: 

a. steps taken in conducting a background investigation; 

h. results obtained; 

c. conclusions reached; and 

d. the basis for those conclusions. 

2. The Tribe shall submit, with the report, a copy of the eligibility dete1mination made 

under section D. of this section. 

3. If a license is not issued to an applicant, the Tribe : 

a. Shall notify the National Indian Gaming Commission, and 

b. May forward copies of its eligibility dctennination and investigative report (if 

any) to the National Indian Gaming Commission for the inclusion in the Indian 

Gaming Individuals Record System. 

4. W.ith respect to key employees and primary management onicials, the Tribe shall 

retain applications for employment and reports (if any) of background investigations 

for inspection by the Chairman of the National Indian Gaming Commission or his or 

her dcsigncc for no Jess than three (3) years from the date of termination of 

employment. 

G. Granting a Gaming License 

1. If, within a thirty (30) day p~riod after the National Indian Gaming Commission 

receives a report, the National Indian Gaming Conunission notifies the Tribe that it 

has no objection to the issuance of a license pursuant to a license application filed by 

a key employee or a primary management ofliciaJ for whom the Tribe has provided 
an application and investigative report to the National Indian Gaming Commission, 

the Tribe may issue a license to such applicant. 

2. The Tribe shall respond to a request for additional information from the Chairman of 

the National Indian Gaming Commission concerning a key employee or a primary 

management official who is the subject of a report. Such a request shall suspend the 

thirty (30) day period under paragraph G. I. of this section until the Chairm~n of the 

National Indian Gaming Commission receives the additional infmmation. 

3. Ii~ within the thirty (30) day period described above, the National Indian Gaming 

Commission provides the Tribe \Vith a statement itemizing objections to the issuance 

of a license to a key employee or to a primary management official for whom the 

Tribe has provided an application and investigative report lo the National Indian 

Gaming Commission, the Tribe shall reconsider the application, taking into account 

the objections itemized by the National Indian Gaming Commission. The Tribe shall 

make the final decision whether to issue a license to such applicant. 

H. License Suspension 

I. If~ after the issuance of a gaming license, the Tribe receives from the Kational Indian 

Gaming Commission reliable information indicating that a key employee or a primary 

management official is not eligible for employment under subsection D. above, the 

Tribe shall suspend such license and shall notify in writing the licensee of the 

suspension and the proposed revocation. 

2. 1be Tribe shall notify the licensee of a time and a place for a meeting on the proposed 

revocation of a license. 

3. After a revocation hearing, the Tribe shall decide to revoke or to reinstate a gaming 

license. The Tribe shall notify the National lndian Gaming Commission of its 

decision. 

VUI. P1·ocedures for Resolving Disputes Between the Gaming Public and the Tribe m· the 

Management Contracto1· 

The Flandreau Santee Sioux Tribe recognizes the possibility of disputes concemmg 

gaming activities with the public. To resolve these disputes and promote the best .interest 

of the Royal River Casino, the Tribe shall implement the following procedures for 

dispute resolution between the public and the Tribe or the Management Contractor. 

/\.. Any person who has any dispute or disagreement that involves currency, tokens, 

coins, jackpot wins or any other thing of value may pursue resolution in Uu: 

following order if the issue is unresolved: 
I. Submii the dispute in writing to the Manager of Royal River Casino. 

2. Submit the dispute with a copy of the Manager's decision to the FSST Gaming 

Commission. 

3. Submit the written dispute, with both written decisions, to the Flandreau Santee 

Sioux Tribal Court, pursuant to the Tribal Law and Order Code. 

B. The Complainant shall submit a written dispute to the General Manager of Royal 

River Casino. The General Manager is hereby given the authority to resolve the 

dispute. A record of all proceedings, meetings or negotiation shall he preserved in 

written form by the General Manager. The General Manager shall file a written 

rcpo1t detailing the resolution of any matter at this level. 

Should any dispute not be resolved at level one, the General Manager shall info1m the 

Complainant of their right to appeal the complaint to the Fl.andreau Santee Sioux 

Tribal Gaming C01runission at level two. The Manager shall provide the Gaming 

Commission all necessary an<l pertinent info1mation regarding the complaint. The 

Gaming Commission shaJJ utilize Section 10.3 of the FSST Gaming Regulations to 

attempt to informally resolve the complaint. If there is no informal resolution of the 

complaint, the Gaming Conunission shall proceed to a formal resolution pursuant to 

Section 10.5 of the Gaming Regulations. 

The above two sections of the Gaming Regulations arc utilized only for the dispute 

resolution within this context shall not be utilized as disciplinary proceedings 

pursuant to Chapter I 0 of 1.he Gaming Regulations. The Gaming Commission shall 

have the authority to overrule any decision of the General Manager of the Royal 

River Casino for dispute resolution. 

The Gaming Commission shall docmnent and maintain each dispute resolution matter 

presented for resolution and shall notify in writing the Complainant and the General 

Manager of the Gaming Commission's decision on the respective dispute. The 

complainant may appeal to level lhree if dissatisfied with the resolution at level two. 

The Complainant may appeal the decision of the Gaming Commission to the 

Flandreau Santee Sioux Tribal Comt. The Complainant shall be required to follow 

the rules of civil 1 procedure as established within the Flandreau Santee Sioux Tribal 

Law and Order Code. 

IX. Designation of Agent Per Service of Process 
The Flandreau Santee Sioux tribal agent for service of process of any official 

determination, order, or notice of violation from the National Indian Gaming 

Commission shall be the President of the flandreau Santee Sioux Tribe, PO Box 283, 

flandreau SD 57028. 

X. Identification of Law Enforcement Agency for Fingerprints and Procedures for 

Criminal History Check 

The Flandreau Santee Sioux Tribe has entered into a Contract with the Moody County 

Sheriff whereby the Moody County Sheriff will provide law enforcement duties for the 

Flandreau Santee Sioux Tribe within Indian country on the Flandreau Santee Sioux 

Reservation. The Contract is negotiable and renewable on an annual basis. 

Pursuant to and in addition tu the Tribal Gaming Ordinance No. 89-03 and the Tribal 

Gaming Regulations, the following procedures shall apply for fingerprints and criminal 

history investigation. 

A. The Sheri ff or his designated agent will be the responsible official to perform 

fingerprints for all persons applying for a gaming license with the Royal River 

Casino. 

B. The Sheriff or his designated agent ·will submit the following information to the 

Gaming Commission for the State of South Dakota for a criminal history or 

background investigation: 

1. a completed application for employment at the Royal River Casino; 

2. applicable fees - paid by check, money order or cashier's check; 

J. original fingerprint card. 

XI. Criminal History/Background Information 

The Flandreau Santee Sioux Tribe entered into a Compact with the State of South Dakota 

pursuant to the Indian Gaming Regulatory Act. The Tribe has authorized the South 

Dakota State Gaming Commission to perform all background investigations on behalf of 

the Tribe and the Tribal Gaming Commission. The State has agreed to conduct 

investigations upon receipt of an executed release of information from an applicant, a 

completed application for employment with the tribal gaming facility and payment of 

applicable fees, all as provided in the South Dakota Commission on Gaming rules for 

such investigations. The State shall provide the Commission with a written report 

regarding each applicant within thi1ty (30) days of the receipt of the request and fee or as 

soon thereafter as practical. 
The Commission shall not issue a license to any unsuitable applicant. A suitable 

applicant is one who is determined suitable by the Tribal Gaming Commission according 

to Tribal Ordinance and by the State of South Dakota Gaming Commission pursuant to 

SDCL Ch. 42-7H and the South Dakota Gaming Commission Rules and Regulations. 

Should the Tribal Gaming Commission disagree with the State's determination on 

suitability, the Tribal Gaming Commission may invoke the following arbitration 

procedure. 

The dispute shall be determined by a three person binding Arbitration I3oard. One 

member of the Board shall be selected by the Tribal Gaming Commission, one member 

be selected by the State Gaming Commission, and one member shall be jointly selected 

by the State Gaming Commission and the Tribal Gaming Commission. Within thirty (JO) 

days of the signing of this Agreement, the parties hereto shall appoint the members to the 

Arbitration I3oard for a three year term. In the event of death, resignation, or expiration 

of a term, new members shall be appointed on the same basis as the original members. 

The Arbitration Board shall dete1mine whether the applicant is deemed suitable, taking 

into consideration the Ordi.nance and regulations adopted by the Tribal Gaming 

Commission and the statutes and rules adopted by the Tribal Gaming Commission and 

the statutes and rules adopted by the State of South Dakota. The Arbitration Board shall 

farther decide the suitability issue in the best interest of the public. If permitted by law, 

either the State or the Tribe may appeal the arbitration decision to federal District Court. 

D. Eligibility Determination 

The Tribe shall review a person's prior act1v1t1es, criminal record, if any, and 

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

key employee or primary management official for employment in a gaming operation. 

Tf the Tribe determines that employment of the person poses a threat to the public 

interest or to the effective regulation of gaming, or practices and methods and 

activities in the conduct of gaming, a tribal gaming operation shall not empJoy that 

person in a key employee or primary management official position. 

XII. Procedures for Fonvarding Applications and Reports for Key Employees and 

Primary Management Officials to the ~ational Indian Gaming Commission 

l. When a key employee or primary management official begins work at a gaming 

operation authorized by this Ordinance, the Tribe shall forward to the National Indian 

Gaming Commission a completed application for employment and conduct the 
background investigation and make the determination referred to in subsection D. of this 

section. 

2. The Tribe shall forward the report referred to in subsection F. of this section to the 

National Indian Gaming Commission within sixty (60) days after an employee begins 

work or within sixty (60) days of the approval of this Ordinance by the Chairman of the 

National Indian Gaming Commission. 

3. The gaming operation shall not employ as a key employee or primary management 

official a person who does not have license after ninety (90) days. 

XIII. License Locations 

The Tribe shall issue a separate license to each place, facility, or location on Indian lands 

where Class II gaming is conducted under this Ordinance. 

XIV. Repeal 

To the extent of inconsistency with this Ordinance, all prior Gaming Ordinances are 

hereby repealed. 

DATE ADOPTED: July 21, 2016. 

RESOLUTION NO.: 16-70 
TITLE 18 

CLASS II GAMING ORDINANCE 

I. Purpose 

The Flandreau Santee Sioux Tribe, a federally recognized Indian tribe, organized pursuant to the 

Indian Reorgarlization Act of June 18, 1934 (48 Statute 984) and (25 G.S.C. Section 76) and a 

Constitution and By-Laws approved March 13, 1936 by the Secretary of the Interior and ratified 

by the members of the Flandreau Santee Sioux Tribe on April 4, 1936, through the Executive 

Conunittec of the Tribe empowered by the Constitution and Dy-Laws pursuant to Article VIII, 

Section l(f) to enact Ordinances, hereby enacts this Ordinance in order to govern und regulate 

the operation of Class II gaming operations on the Tribe's Indian lands. 

II. Applicability 

Unless specifically indicated, all provisions of this Ordinance shall apply to Class II gaming on 

the Tribe's lndian lands. 

III. Definitions 

A. Agent means: A person who is authorized to act for or in place of a principal. 

~. Class IT Gaming means: 

(1) the game of chance commonly known as bingo (whether or not electronic, computer, 

or other technologic aids are used in connection therewith)---

(a) which is played for pri7.cs, including monetary prizes, '"ith cards bearing numbers 

or other de::;ignations, 

(b) in which the holder of the card covers such munbers or designations when objects, 

similarly numbered or designated, are drawn or electronically determined, and 

(c) in which the game is won by the first per.son covering a previously designated 

anangcmcnt of numbers or designations on such card.s. 

{2) Pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games .similar to bingo 

if played in the same location as bingo, and 

(3) card games that-

( a) are explicitly authorized by the laws of the State, or 

(b) are not explicitJy prohibited hy the Jaws of the State and arc played at any location 

in the State, but only if such card games are played in confonnity with those laws 

and regulations (if any) of the State regardi~g hours or periods of operation of 

such card games or limitations on wagers or pot sizes in such card games. 
C. Facility License means: A separate license issued by the Tribe to each place, facility or 

location on Indian lanus where the Tribe elects to allow class II or Ill gaming. 

D. Gaming Commission means: The Gaming Commission established to perform 

regulatory oversight and to monitor compliance with tribal, federal, and applicable state 

regulations. 

E. Indian lands means: 

(1) Land within the limits of the Flandreau Sanke Sioux Tdbe reservation; or 

(2) Land over which the Tribe exercises govenunental power and that is either: 

(a) Held in trust by the United Stales for the benefit of the Tribe or individual; or 

(b) Held by the Tribe or individual subject to restriction by the United States 

against alienation. 

F. Key Employee means: 

(1) A person who performs one or more of the following functions: 

(a) bingo caller 

(b) counting room supervisor 

(c) chief uf security 

( d) custodian of gaming supplies or cash 

( e) floor manager 

(f) pit boss 

(g) dealer 

(h) croupier 

(i) approver of credit, or 

G) custodian of gaming devices including persons with access to cash and 

accounting records with such devices; 

(2) If not other\.\~ge included, any other person whose total cash compensation is 

jn excess of $50,000.00 per year; 

(3) lf not otherwise included, the four most highly compensated persons in the 

gaming operation; 

(4) Any other person designated by the Tribe as a key employee. 

G. Primary Management Official means: 

(1) The person having management responsibility for a management contract. 

(2) Any person who has authority: 

(a} To hire and fire employees; or 

(b) To set up working policy for the gaming operation; or 
I . 

IV. 

( c) The Chief Financial Officer or other person who has financial 

management rcsponsi bility. 

(3) Any other person designated by the Tribe as a primacy management official. 

H. Principal means: A person who authorizes another to act on his or her behalf as an agent. 

I. Tribe meai1S: The Flandreau Santee Sioux Tribe, a federally recognized fndian tribe, 

Gaming Authorized 

Class II gaming, as defined in the Indian Gaming Regulatory Act, P.L. 100~447, 25 U.S.C. 

Section 2703 (7) (A) ("lGRA'') and by the regulations promulgated by the National Indian 

Gaming Commission at 25 C.F.R. Section 502.3 (as published in the Federal Register at 57 FR 

12382-12393 April 9, 1992), is hereby authorized to be conducted on the Tribe's Indian lands. 

Nothing herein shall prohibit the use of agents for the ~:onduct or bingo, as defined herein. For 

purposes of this Title, the acts of an agent, which occur on the Tribe's In<lian lands, are deemed 

to be the acts of the principal. 

v. Ownership of Gaming 

The Tribe shall have the sole proprietary interest in and responsibility for the conduct of any 

gaming operation authorized by this Ordinance. 

VI. Use of Net Gaming Revenue 

A. Net revenues from Class 11 gaming shall be used only for the folloV\<ing purposes: 

(1) To fwid tribal government operations and programs; 

(2) To provide for the general welfare of lhe Tribe and its members; 

(3) To promote tribal economic development; 

(4) Donate to charitable organizations; or 

(5) To help Cund operations oflocal government agencies. 

B. If the Tribe elects to make per capita payments to tribal members, it shall author.izc such 

payments solely upon approval of a plan submitted to the Secretary of the Interior under 

25 U.S.C. Section 2710 (b) (3). 

Vil. Audit 
A. The Tribe shall cause to he conducted annually an independent audit of gaming 

operations and shall submit the resulting audit reports to the National Indian Gaming 

Corrunission. 

B. All gaming related contracts that result in the purchase of supplies, services, or 

concessions in excess of $25,000.00 annually, except contracts for professional legal and 

accounting services, shall be specifically included within Lhe scope of the audit conducted 

under subsection A. 

VIII. Protection of the Environment and Puhlic Health and Safety 

Class II gaming facililie~ shall be constructed, maintained and operated m a manner that 

adequately protects the environment and the health and safety of the public. 

IX. Procedm·cs for Resolving Disputes Between the Gaming Public and the Tribe 

or th .. ~ Management Contractor 

The Flandreau San1ee Sioux Tribe recognizes the po·ssibility of disputes c<Jncerning gaming 

activities with the public. To resolve these disputes and promote the best interest of the Royal 

River Casino, the Tribe shall implement the following procedures for dispute reso]ution between 

the public and the Tribe or the Management Contractor. 

A Any person who has any dispute or disagreement that involves currency, tokens, 

coins, jackpot wins or any other thing of value may pursue resolution in the foll0\\.1.ng 

order if the s~ ue is unresolved: 

(1) Submit the dispute in vvl'iting to the Manager of Royal River Casino. 

(2) Submit the <lbpuLe with a copy of the Manager's decision to the Gaming 

Commission. 

(3) Submit the written dispute, with both written decisions> to the Flarnlreau Santee 

Sioux Tribal Court, pursuant to the Tribal Law and Order Code. 

B. The Complainant shall submit a v.Titten dispute to the General Manager of Royal 

River Casino. The General Manager is hereby given the authority to resolve the 

dispute. A record of all proceedings, meetings or negotiation shall be preserved in 

written form by the General Manager. The General Manager shall file a written 

report detailing the resolution of any matter at this level. 

Should any dispute not be resolved at level one, the General Manager shall infonn the 

Complainant of their right to appeal the complaint to the Flandreau Santee Sioux 

Tribal Gaming Commission. The Manager shall provide the Gaming Commission all 
x. 

necessary and pertinent information regarding the complaint. The Gaming 

Commission shall utilize Section 10.3 of the FSST Gaming Regulations to attempt to 

informally resolve the complaint. lf there is no informal resolution of the complaint, 

the Gaming Conunission shall proceed to a formal resolution pursuant to Section l 0.5 

of the Gaming Regulations. 

The above two sections of the Gaming Regulations are utilized only for the dispute 

resolution within this context shall not be utilized as disciplinary proceedings 

pursuant to Chapter 10 of the Gaming Regulations. The Gaming Commission shall 

have the authority to overrule any decision of the General Manager of the Royal 

River Casino for dispute resolution. 

The Gaming Commission shall document and maintain each dispute resolution matter 

presented for resolution and shall notify in v . .rriting the Complainant and the General 

Manager of the Gaming Commission's decision on the respective dispute. The 

complainant may appeal to level three if dissatisfied with the resolution at level two. 

The Complainant may appeal the decision of the Gaming Commission to the 

Flandreau Santee Sioux Tribal Court. The Complainant shall be required to foJJow 

the rules of civil 1 procedure as established within the Flandreau Santee Sioux Tribal 

Law and Order Code. 

Facility Licenses 

The Tribe shall issue a separate license to each place, facility or location on Indian lands where 

class II gaming is conducted under this Ordinance. 

XI. Agent For Service of Process 

The Flandreau Santee Sioux Tribe':; agtmt for service of process of any official determination, 

order, or notice of violation from the National Indian Gaming Commission shall be the President 

of the Flandreau Santee Sioux Tribe, PO Box 283, Flandreau SD 57028. 

XJI. License Application Forms 

A. The following notice shall be placed on the application form for a key employee or a 

primary management official before that form is filled out by an applicant: 

Io compliance with the Privacy Act of 1974, the following information 

is provided: Solicitation of the information on this form is authori:1:ed 

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 lndiao 

Gaming Commission members and staff who have need for the 

information in their performance of their official duties. The 

information may be 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 Tribe or the National Indian 

Gaming Commission in connection with the hi1·ing 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 heing unable to hire you in a primary 

management official or key employee position. 

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

However, failure to supply a SSN may result in errors in processing 

your application. 

B. Existing key employees and primary management officials shall either: 

(1) complete a new application form that contain~ a Privacy Act notice; or 

(2) sign a statement that contains the Privacy Act notice and consent to the routine uses 

described in that notice. 

C. The following notice shall be placed in the application form for a key employee or a 

primary official before that form is filled out by an applicant: 

A false statement on any part of your application may be grounds for 

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

be punished by fine or imprisonment. (U.S. Code, Title 18, Section 

1001). 

D. The Tribe shall notify in writing existing key employees and pnmary management 

officials that they shall either: 

(1) Complete a new application fonn that contains a notice regarding false statements; or 

(2) Sign a statement that contains the notice regarding false statements. 

XIX. Background Investigatious 
A. The Tribe shall perform a background investigation for each primary management 

officiaJ and key employee in its gaming operation. 

n. The Tribe shall obtain from each primary management official and key employee all of 

the following information: 

(1) Full name, other names used (oral or 'A'Titten), social security number(s), birth 

date, place of birth, cilizenship, gender, all languages (spoken or written); 

(2) Currently, and for the previous five (5) years, business ~md employment positions 

held, ownership jnterescs in those businesses, business and residence addresses, 

and driver lice11se numbers; 

(3) The names and current addresses of at least three (3) personal references who 

were acquainted with the applicant during each period of resident.:!;) listed lmder 

paragraph (B) (2) of this section; 

(4) Currem business, residential and cellular telephone munbers; 

(5) A. description of any existing and previou.<; business relationships with other 

tribes, including any O\\'flership interests in the businesses; 

(6) A description of any existing and previous business rdationship.s with the gaming 

industry generally, including ownership interests in those businesses; 

(7) The name and address of any Licensing or regulatory agency with which the 

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 for which there is an ongoing prosecution or a conviction, the 

charge, the name and ad<lrt;ss of the court involved, and the date of disposition, if 

any; 

(9) Por each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traffic violations), within ten (10) years of the date of the 

application, the name and address of the court involved and the date of 

disposition, if any; 

(10) For each criminal charge (excluding minor traffic charges), whether or not 

there is a conviction, if such criminal charge is \vi.thin ten (I) years of the date of 

the application and is not othern>ise listed pursuant to paragraph (B) (8) or (B) (9) 

of this section, the criminal charge, the name and address of the Court involved 

and the date of disposition, if any; 

(11) The name and address of any licensing or regulatory agency with which the 

person has filed an application for an occupational license or pennit, whether or 

not such licensee or pem1it was granted; 

(12) A current photograph; 

(13) Any oth~r infom1ation the Tribe deems relevant; and 

(14) Fingerprints obtained in accordance with procedures adopted by the Tribe 

according to 25 C.F.R. § 522.2 (h). 
C. When a primary management official or key employee is employed by the Tribe, a 

complete application file, containing all of the information listed in Sct:tion 1, shall be 

maintained. 

xx. Procedures for Conducting Background Investigations 

A. The Gaming Commission, or its designee, shall employ or engage an investigator to 

conduct a background investigation of each applicant for a primary mmiagement official 

or key employee position. The investigation must be sufficient to allow the Gaming 

Conunission lo make an eligibility detenninatiou under this ordinance. The investigator 

shall: 

(1) Verify the applicant's identity through items such as a social security ca.rd, driver's 

license, birth certificate or passport; 

(2) Contact each personal and business reference provided in the license application, 

when possible; 

(3) Conduct a personal credit check; 

(4) Conduct a civil history check for past or outstanding judgments, current liens, past or 

pending lawsuits, and any other information deemed to be relevant; 

(5) Conduct a criminal history records check by submitting the applicant's fingerprints to 

the National Jndian Gaming Commission or 10 another law enforcement agency for 

forwarding to tlle Federal Bureau of Investigation to perform a criminal history 

records check utilizing the Federal Bw·cau oflnvestigation's data base; 

(6) Based on the results of the criminal history records ch~ck, as well as information 

acquired from an applicant's self-reporting or from ~my other source, obtain 

infonnation from the appropriate court regarding any past felony and/or misdemeanor 

convictions or ongoing prosecutions \Vi thin the past 10 years; 

(7) Inquire into any previous or existing business relationships with the gaming industry, 

inc]uding with any Indian tribes with gaming operations, by contacting the entities or 

tribes; 

(8)Verify the applicant's history and ·cunent status with any licensing agency by 

contacting the agency; and 

(9)Take other appropriate steps to verify the accuracy of the information, focusing on 

any problem areas noted. 

:XXI. Investigative Reports 

A. The Tribe shall create and maintain an investigative report for each backgrOlmd 

investigation of a primary management ofiiciaJ or key employee. 

B. An investigative report shall include all of the following : 
XXII. 

(1) steps taken in conducting a background investigation; 

(2) results obtained; 

(3) conclusions reached; and 

(4) che basis for those conclusions. 

E Ugibility Determina tion 

A. The Tribe shall review a person's prior activities, criminal record, if any, and reputation, 

habits and associations to make a finding concerning the eligibility or a key employee or 

primary management official for employment in a gaming operation. 

B. If the Tribe detennines 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, 

W1 fair, or illegal practices and methods and activities in the ~onduct of gaming, a tribal 

gam.ing operation shall not employ that person in a key employee or primary 

management official position. 

C. Copies of the eligibility determination shall be included with the notice of results that 

must be submilted to the National Indian Gaming Commission before the licensing of a 

primary management official or key employee. 

XXlll. Notice of Results of Background Investigations 

A. Before issuing a license to a primary management official 01· key employee, the Gaming 

Commission shall prepare a notice of results of the applicant's background investigation 

to submit to the National Indian Gaming Commission. The notice of results must be 

submitted to the National Indian Gaming Commission no later than 60 days after the 

applicant begins working for the Tribe. 

B. The notice of results shall include the following information: 

(1) The applicant's name) date of birth) and social security number; 

(2) The date on which the applicant began, or wilJ begin, worlcing as a primary 

management official or key employee; 

(3) A smnmary of the infonnation presented in the investigative report) including: 

(a) licenses that have previously been denied; 

(b) gaming licenses that have been revoked, even if subsequently reinstated; 

( c) every lmown criminal charge brought against the applicant within the last 10 

yt:ars of the date of the application; and 
( d) every felony offen.se of which the applicant has been convicted or any ongoing 

prosecution; and 

C. A copy of the eligibility determination. 

XXIV. Granting a Gaming License 

A. All primary management officials and key employees of the gaming operation must have 

a gaming license issued by the Tribe. 

B. lbe Gaming Conunission is responsible for granting and issuing gaming licenses to 

primary management officials and key employees. 

C. The Gaming Commission may license a primary management official or key employee 

applicant after submitting a notice of results of the applicant's background investigation 

to the National Indian Gaming Conunission. 

D. The Gaming Commission shall notify the National Indian Gaming Commission of the 

issuance of a License to a primary management official or key employee within 30 days of 

issuance. 

E. The Tribe shall not employ an individual in a primary management official or key 

employee position who does not have a license after 90 days of beginning work at the 

gaming operation . 

.F. The Gaming Commission must reconsider a license application for a pnmary 

management official or key employee if it receives a statement of itemized objections to 

issuing such a license from the National Indian Gaming Commission, and those 

objections arc received vvith.in 30 days of the Nation.al Indian Gaming Commission 

receiving a notice of results of the applicant's background investigation. 

G. The Gaming Commission shall take the National Indiru1 Gaming Commission's 

objections into account when reconsidering a license application. 

H. The Tribe will make the final decision whether to issue a license to an applicant for a 

primary management official or key employee position. 

I. lf the Gaming Commission has issued a license to a primary management official or key 

employee before receiving the National Indian Gaming Commission's statement of 

objections or notice that the primary management official or key employee is not eligible 

for employment, the Tribe shall do the following: 
xxv. 

(1) Immediately suspend the license; 

(2) Provide the licensee with written notice of the suspension and the proposed 

revocation; and 

(3) Notify the License of a time and a place for a meeting on the proposed revocation of 

the license. The right to a hearing vests only when a license if granted under an 

ordinance approved hy the Chairman of the National Indian Gaming Commission. 

(4) Follov.ring a revocation hearing, the Tribe shCJ.ll decide to revoke or to reinstate the 

license. 

(5) The Tribe shall notify the National Indian Gaming Commission of its decision. 

Denving Gaming Licenses 

A. The Gaming Commission shall not license a primary management official or key 

employee if an authodzcd Tribal official determines, that licensing the person: 

(1) Poses a threat to the public interest~ 

(2) Poses a threat to the effective regulation of g!:lming; or 

(3) Creates or enhances the dangers of unsuitable, unfair or illegal practices, methods 

and/or activities in the conduct of gaming. 

B. When the Gamjng Commission does not issue a license to an appli.cant for a primary 

management official or key employee po:::.1 tion, or revokes a previously issued license 

aft.er reconsjderation, it shall: 

XXVI. 

(1) Notify the National Indian Gaming Commission; and 

(2) Porward copies of its eligibility determination and notice of results of the applicant's 

background investigation to the National Indian Gaming Conunission for inclusion in 

the Indian Gaming Individuals Record System. 

}l'ingerprints 

The Tribe shall petform a background investigation for each primary management official and 

key employee of the gaming operation. The Tribe shall obtain. fingerprints from each primary 

management official and key employee . .Fingerprints will be forwarded to the National Indian 

Garn.ing Commission for processing through the FederaJ Bur~au of Investigation and the 

National Criminal Information Center to determine the applicant's criminal history, if any. 

xx.vu. Recor ds Retention 

A. The Gaming Commission shall retain, for no Jess than three (3) years from the date a 

primary management official or key employee is tenninated from employment with the 

Tribe, tbe following docwnentation: 

(1) Applications for licensing; 
(2) Investigative Reports; and 

(3) Eligjbility Determinations. 

XXv1II. Repeal 

To the extent of inconsistency with this Ordinance, all prior gaming ordinances arc hereby 

repealed. 

DATE ADOPTED: October4, 2016. 

l~l~SOLUTION NO.: 16-93.