Mr. Jerry W. Teague 

Tribal Gaming Manager 

Bad River Band of Lake Superior Tribe 

of Chippewa Indians 

P.O. Box 39 

Odanah, Wiscongin 54861 

Dear Mr. Teague: 

This letter responds to your request to review and approve the 

tribal gaming ordinance submitted on September 13, 1993, for the 

Bad River Band of Lake Superior Tribe of Chippewa Indians (the 

Tribe). This letter constitutes such approval under the Indian 

~aming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian ~aming 

Commission (NIGC), the Chairman is directed to review ordinances 

with respect to the requirements of the IGRA and the implementing 

regulations. Thus, the scope of the Chairman's review and 

approval is limited to the requirements of the IGRA and the NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, such 

approval does not constitute approval of specific games. 

It is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming ordinance, the 

Tribe is now required to conduct background investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed application for each key employee and 

primary management official pursuant to 25 C.F.R. S 556.5(a) and 

an investigative report on each background investigation before 

issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. S 556.5(b). 

Thank you for submitting the ordinance of the Bad River Band of 

Lake Superior Tribe of Chippewa Indians for review and approval. 

The NIGC staff and I look forward to working with you and the 

Tribe in implementing the IGRA. 

Sincerely yours, 

Ant!*@rj 4. Hops 

Anthony J. Hope 

Chairman 

1850 M STREET. N W.. SUITE 250 WASHINGTON. DC 20036 TEL.: 202-632-7003 FAX: 202-632-7066 
Telephone: 

7151683-71 11 

FAX. 7is1esa.7i 18 

MashkLibi Center 

BAD RIVER BAND OF LAKE SUPERIOR 

TRIBE OF CHIPPEWA INDIANS 

P.O. Box 39, Odanah, WI 54861 

RESOLUTION 

WHEREAS the Tribe's gaming control ordinance, Chapter 500, Bad River Ordinance, 

needs additional enforcement provision, and 

WHEREAS the Gaming manager has developed specific dispute resolution procedures, 

and 

WHEREAS the National Indian Gaming Commission requires the Tribal approval of 

specific ordinance language regarding gaming licenses and other matters, and 

NOW THEREFORE BE IT RESOLVED that section 506, Bad River Ordinance, is 

amended as attached; and 

BE IT FURTHER RESOLVED that section 505.2(i) is amended as attached; and 

BE IT FURTHER RESOLVED that chapter 550, Bad River Ordinance, is enacted as 

law. 

I, the undersigned as Secretary of the Bad River Band of Lake Superior Tribe of 

Chippewa Indians, an Indian Tribe organized under Section 16 of the Indian 

Reorganization Act, hereby certifjr that the Tribal Council is composed of 7 

members, ofwhom 7 members, constituting a quorum, were present at a meeting 

hereof duly called, noticed, convened, and held on the / day of 

SL-yPp w 6t'-, 1993; that the foregoing resolution was duly adopted at said 

meeting by an ffirmative vote of 6 members; 0 against; and 0 

abstaining, and that the said resolution has not been rescinded or amended. 

Ethel Plucinski, Secretary 

Bad River Tribal Council 
(a) Violate the terms of this chapter or of Chapter 550 in any way; or 

506.1 Bad River Ordinances, is hereby amended to add new sections (f), (g) 

and (h) as follows: 

(f) Possess or use any mechanical, electrical, optic, radio, infi-ared, video, or other 

device, including but not limited to cameras, transmitters, receivers, calculators, 

computers, or any kind of artificial or enhanced intelligence, in the class I11 gaming 

location buildings and all auxiliary equipment whether or not located within the class I11 

gaming buildings. 

(g)(l) Issue any check or other order for payment which at the time of issuance he 

or she intends shall not be paid. 

(2) Any of the following is prima facie evidence that the person at the time he or 

she issued the check' or other order for the payment of money, intended it should not be 

paid: 

(A) Proof that, at the time of issuance, the person did not have an account 

with the drawee; or 

(B) Proof that, at the time of issuance, the person did not have sufficient 

finds or credit with the drawee and that the person failed within 5 days after receiving 

notice of nonpayment or dishonor to pay the check or other order; or 

(C) Proof that, when presentment was made within a reasonable time, the 

person did not have sufficient hnds or credit with the drawee and-the person failed within 

5 days after receiving notice of nonpayment or dishonor to pay the check or other order. 

(h) Engage, while in the Class 111 gaming location buildings or on the Class 111 

gaming location grounds, in any violent, abusive, indecent, profane, boisterious, 

unreasonably loud or otherwise disorderly conduct under circumstances in which the 

conduct tends to cause or provoke a disturbance. 

(i) Disobey an exclusion order issued under sec. 506.4. 

506.2, River Ordinances, is hereby amended to add a new section (f) as 

follows: 
(0 For a violbion of sec 506.1 (c), (dl, or (0, seizure and forfeiture of all 

winnings resulting fidm the violation. 

506.4. Bad! is created as follows: 

(a) Any person may be excluded from the buildings and grounds of any class I11 

location for any reason, including but not limited to, disorderly or disruptive behavior, 

interference with other patrons, suspicion of a violation of any section of this ordinance, 

suspicion of possession of any controlled substance or substance that it is illegal for the 

person to be excluded to possess, intoxication, being under the influence of any drug or 

alcohol, or any behavior that may tend to diminish the peacehl enjoyment of the gaming 

facilities by the patrons, or that may tend to diminish patronage. 

(b) The supervisor on duty may exclude any person for a 24 hour period, by orally 

and in writing, notifytng the person of the exclusion. 

(c) The gaming manager may permanently exclude any person by orally and in 

writing notifjlng the person of the exclusion. 

is hereby created as follows: 

(a) Every person entering the class 111 gaming facility buildings or grounds irrevocably 

consents to the following: 

(1) The personal and subject matter jurisdiction of the Bad River Tribal Court 

regarding all alleged violations of this chapter and all civil claims that may be brought by 

the Bad River Tribe to recover any losses caused by or associated with such violations. 

(2) Temporary detention, questioning, and search upon reasonable suspicion that 

a violation of this chapter has occurred, seizure of any property reasonably believed to be 

used in the violation, and forfeiture of the same. 

(b) The gaming manager shall place a notice of the provision of this section 506.5 at all 

entrances to the buildings of the Class I11 facilities. 

505.20 is hereby amended to read as follows: 

(i) Player disputes shall be resolved according to written policies adopted by the 

Tribal Council. 
CHAPTER 550 - GAMING CONTROL ORDINANCE PART II 

The Tribal Council of the Bad River Band of Lake Superior Tribe of Chippewa 

Indians (hereinafter "Tribe"), empowered by the Bad River constitution to enact 

ordinances, hereby enacts this ordinance in order to set the terms for Class 11 and 111 

gaming. 

g 

Class I1 and I11 gaming as defined in the Indian Gaming Regulatory Act, P.L. 100- 

447, 25 U.S.C. Section 2703(7)(A) and (8) ("IGRA") and by the regulations promulgated 

by the National Indian Gaming Commission at 25 C.F.R. sections 502.3 and 502.4 (as 

published in the Federal Register at 57 FR 12382-12393, April 9, 1992) is hereby 

authorized. 

n 550.3 Ow- of GaThe Tribe shall have the sole propriety interest in and responsibility for the conduct 

of any gaming operation on the Bad River Reservation or authorized by this ordinance. 

Rev- 

(a) Net revenues From Class I1 and I11 gaming shall be used only for the following 

purposes: to hnd tribal government operations and programs, provide for the general 

welfare of the Tribe and its members, promote tribal economic development, donate to 

charitable organizations, or help fbnd operations of local government agencies. 

(b) If the Tribe elects to make per capita payments to tribal members, it shall 

authorize such payments only upon approval of a plan submitted to the Secretary of the 

Interior under 25 U.S.C. subsection 27 10(b) (3). 
(a) The Tribe's gaming manager shall cause to be conducted annually an 

independent audit of gaming operations and shall submit the resulting audit reports to the 

National 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 be subjected to the audit that is described in subsection (a) 

above. 

n 550.6 Protec VIM 

Class I1 and I11 gaming facilities shall be constructed, maintained and operated in a 

manner that adequately protects the environment and the public health and safety. 

The Tribe's gaming manager shall ensure that the policies and procedures set out in 

this section are implemented with respect to key employees and primary management 

officials employed at any Class I1 or Class I11 gaming enterprise operated on Indian lands: 

For the purposes of this section, the following definitions apply: 

(1) Key employee means 

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

(i) Bingo Manager 

(ii) Bingo Caller 

(iii) Cashier or Head Cashier 

(iv) Chief of Security 

(v) Pit Boss 

(vi) Blackjack Dealer 
(vii) 

(viii) 

(ix) 

(x) 

(xi) 

(xii) 

(xiii) 

(iv) 

Any person who has authority to approve credit 

Slot Attendantsfslot Technicians 

Surveillance Personnel 

Security Personnel 

Floor Supervisors 

Casino Accountants 

Gaming personnel manager 

Any person or contractor who has access to or works on 

any gaming equipment on a normal periodic basis 

(B) If not 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. 

(a) The person having management responsibility for a management 

contract; 

(b) Any person who has authority: 

(1) To hire and fire 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. 

(b) on Fom 

(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 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 Tribal government and 

staff and National Indian Gaming Commission members and staff who have need for the 

information in the 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 a 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 the Tribe's being 

unable to hire you in 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. 

(2) Key employees and primary management officials employed on the date of 

enactment of this ordinance shall be notified in writing that they shall either: 

(A) Complete a new application that contains a Privacy Act notice; or 

(B) 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 on the application form for a key 

employee or a primary management 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 youbegin work. Also, you may be punished by forfeiture, fine or 

imprisonment under both tribal and federal law. (U.S. Code, title 18, section 1001 .) 
(4) Key employees and primary management officials employed on the date of 

enactment of this ordinance shall be notified in writing that they shall either: 

(A) Complete a new application that contains a notice regarding false 

statements; or 

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

(5) 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 

If you are hired, you may be hired conditionally, pending the completion of a background 

investigation and eligibility for licensure determination. If for any reason you do not 

receive a favorable background investigation report or eligibility determination by the 

completion of your 90th day of employment, your employment will be terminated. 

(6) Key employee and management officials employed on the date of enactment of 

this ordinance shall be notified in writing that they shall either: 

(A) Complete a new application that contains the notice required by 

subparagraph (5), above; or 

(B) Sign a statement that contains the notice required by subparagraph (9, 

above. 

(1) The Tribe's gaming personnel director 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 

number(s), birth date, place of birth, 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 drivers license numbers; 

(C) 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 (1) (b) of this section; 

@) Current business and residence telephone numbers; 

(E) A description of any existing and previous business relationships with 

Indian tribes, including ownership interests in those businesses; 

(F) A description of any existing and previous business relationships with 

the gaming industry generally, including ownership interest in those businesses; 

(G) 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; 

(H) For each felony for 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; 

(I) For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traffic violation), within 10 years of the date of the application, the name 

and address or the court involved and the date and disposition; 

(J) For each criminal charge (excluding minor traffic charges), whether or 

not there is a conviction, if such criminal charge is within 10 years of the date of the 
application and is not otherwise listed pursuant to paragraph (1) (h) or (1) (i) of this 

section the criminal charge, the name and address of the court involved and the date and 

disposition; 

(K) The name and address of any licensing or regulatory agency with 

which the person has filed an application for an occupational license or permit, whether or 

not such license or permit was granted; 

(L) A current photograph; 

(M) Any other information the Tribe deems relevant; and 

(N) Fingerprints consistent with procedures adopted by the Tribe 

according to 25 C.F.R. subsection 522. 2 (h). 

(2) The Tribe's gaming personnel director shall conduct an investigation sufficient 

to make a determination under subsection (d) below. The investigation may be conducted 

prior to any hiring of the person for a key employee or primary management official 

position. In conducting a background investigation the Tribe or its agent shall promise to 

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

(1) 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 of a key 

employee or primary management official for employment in a gaming operation. If 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. This determination may be made prior to any hiring of the person for a key 

employee or primary management official position. 

(2) Under no circumstances shall any individual be employed in the Class I11 

gaming operation who has been convicted of, or entered a plea of guilty or no contest to, 

any of the following, unless the person has been pardoned: 

(A) A felony, other than a felony conviction for an offense under subdiv. 

(El), (C), or (D), during the immediately preceding 10 years. 

(B) Any gambling-related offense. 

(C) Fraud or misrepresentation in any connection. 

@) A violation of any provision of chapters. 562 or 565, Wis Stats., a rule 

promulgated by the Lottery Board or Wisconsin Racing Board, or a Tribal ordinance 

regulating or prohibiting gaming. 

(3) The prohibition contained in the preceding paragraph may be waived by the 

Tribal Council, by resolution, if the applicant or employee demonstrates to the satisfaction 

of the Tribal Council evidence of sufficient rehabilitation and present fitness. 

. . (4 Procedures for Forwardlngofis fore? Emplnyees ad . . 

(1) When a key employee or primary 

to the 0 

management official begins work at a 

gaming operation authorized by this ordinance, the Tribe's gaming personnel director 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, unless already completed. 
(2) The Tribe's gaming personnel director shall forward the report referred to in 

subsection (f) of this section to the National Indian Gaming Commission within 60 days 

after an employee begins work or within 50 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 receive a license within 90 days of hiring. 

(9 mart to the . . 

(1) Pursuant to the procedures set out in subsection (e) of this section, the Tribe 

shall prepare and forward 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; 

(B) Results obtained; 

(C) Conclusions reached; and 

(D) The bases for those conclusions. 

(2) The Tribe's gaming personnel director shall submit, with the report, a copy of 

the eligibility determination made under subsection D of this section. 

(3) If a license is not issued to an applicant, the Tribe shall: 

(A) ~oti@ the National Indian Gaming Commission; and 

(B) Forward copies of its eligibility determination and investigation report 

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

Individuals Records System. 
(4) With respect to key employees and primary management officials, 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 

designee for no less than three (3) years from the date of termination of employment. 

(g) 

(1) 

- 

The Tribal Council shall issue all gaming licenses. 

(2) If, within a thirty (30) day period after the National Indian Gaming 

Commission receives a report, the National Indian Gaming Commission 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 official for whom the tribe has provided an 

application and investigative report to the National Indian Gaming Commission, the 

Tribe's gaming personnel director may recommend that the Tribal Council issue a license 

to such applicant. 

(3) 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 30-day period under paragraph (g)(2) of this section until the Chairman of the National 

Indian Gaming Commission receives the additional information. 

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

Gaming Commission provides the Tribe with 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, the Tribe shall reconsider the application taking into 

account the objections itemized by the National Indian Gaming Commission. The Tribe's 

gaming personnel director shall supply to the Tribal Council the National Indian Gaming 
Commission statement, prior to council action on the license. The Tribal Council shall 

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

(1) If, after the issuance of a gaming license, the Tribe receives from the National 

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's gaming personnel director shall suspend such license and shall notifjr in writing 

the licensee of the suspension and the proposed revocation. 

(2) The Tribe's gaming personnel director shall notitjr the licensee of a time and a 

place for a hearing on the proposed revocation of a license, which shall be conducted 

before the Tribal Council under rules as it may prescribe. 

(3) Af-ter a revocation hearing, the Tribal Council shall decide to revoke or to 

reinstate a gaming license. The decision of the Tribal Council shall be final. The Tribe 

shall notifjr the National Indian Gaming Commission of its decision. 

n 550.8 ILlcense Locations 

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

lands where Class I1 or Class 111 gaming is conducted under this ordinance. 

Section 550.9 SuDercedence 

To the extent that any section of Chapter 500, Bad River Ordinances, is 

inconsistent with any section of this chapter, this chapter's section controls. 
BRD RIVER CRSINB{ 7156827149 

Telephone 

7151682-7121 

BAD RIYER BAND OF LAKE SUPERIOR 

TRIBE OF CHIPPEWA INDIANS 

P.O. Box 39, Odanah, WI 54861 

POLICY NO. 800 

PREPARED BY: JERRY TEAGUE 

BAD RIVER GAMING ENTERPRISE 

1 POLICIES AND PROCEDURES 

I. TITLE: '~arnin~ ~icenses 

PURPOSE t 

To provide a procedure for granting and issuing a 

gaming lioense to employees, key employees, 

contraotors, and primary management officials as 

required by 25 C.F.R. part 558. I 

SCOPE : 

A. The Tribe is the sole licensing authority for 

class XI & 1x1 gaming. 

B. Theliaensing procedure will a ply to all 

employees of the Bad River Gam P ng Operation. The 

Tribe is free to prescribe license requirements 

for; whomever it wishes as long as is also licenses 

all key employees and primary management 

officials. This will include any contractors so 

designated. 

! 

C. The, Tribe will determine suitability for 

employment and licensing of all applicants within 

the gaming operation. 

a. A11 key employees and primary management officials 

and any others so designated will be required to 

be licensed by the Tribe within ninety day^ from 

date of hire. 

Lioense Procedure 
BRD RIVER CASINBi 7156827149 

E. Key employees 

1. Key employees are defined as persons who . . - .-- - .......4z-..--,..-- -- -a-- -4.' --1-b-..*-- &..--&I a--. YWL'LUL;IU U1bU VL LUUAS VL AU&IVWAaI?J &UI#UbAVIO;) I 

(a) Bingo Manager 

(b) Bingo Caller 

(c) Cashier or Head Cashier 

(d) ChieP of Security 

(el Pit Boss 

(f) Blackjack Dealer 

(g) Any person who has authority to approve 

credit 

(i) Slot Attend$nts/Slot Technicians 

(j) Surveillanoe Personnel 

(k) Seaurity Personnel 

(1) Floor supervisors 

(N) Casino Accountants 

(n) Any person or contractor who has access to 

or works on any gaming equipment on a 

normal periodic basis 

2. If not otherwise included any other person 

whose cash compensation is in excess of 

$S0,000.00 per year, 

3, ,Xi not otherwise included, the four moat 

highly compensated persons within the gaming I operation. 

F. Primary Management Ewployees 

1. Primary Management officials are defined as I person who perform or have the authority to I perform the following functions or how the 

following positions: 

I (a) Authority to hire and fire employees, 

(b) Authority to establish working policy or 

authority to approve such policy within I the gaming operation. I 

(6) The Tribe Gaming Manager 

Liaense Procedure (2) 
BAD RIVER CASINB{ 

(8) The Tribal Chairman and Tribal Council 

(0) The Tribal Att~rney 

(f) chief Accountant 

XV. ACTION: I 

A. ~ackdround checks will be gerformed in accordance ---- witllsection VAL OE Chs %V~Y ~saing ordinance 

and the Bad River Policy and Procedure number 900 

covering background investigations. 

8. Upon,!review of the background ohecks and proaedures 

an analysis and recommendation of the review will 

be fbrwarded to the Tribal Chairman for decision. 

C. If the investigative report and review indicate no 

problem and there is sufficient evidence to warrant 

issuance of the Gaming license the Tribal Chairman 

will issue the license. 

1. If, within a thirty (30) day period after the 

National Indian Gaming Comission receives a 

report, the National Indian Gaming Commission 

notifies the tribe mat ia has no objection to 

the issuanae of a license pursuant to a license 

application filed by a key employee or a primary 

management official for whom the tribe has 

provided an application and investigative report 

to the National Indian Gaming Comission, the 

Tribe may issue a license to such applicant. 

2. The Tribe shall res ond to a request for 

aaaitionai iii~~iLurur&rii -- v=+~-* &- *-, --. the Chairman of the 

National fndian ~aming Commission concerning a 

key employee or a primary management official 

who io the subject of a report. Such a request 

shall suspend the 30 day riod under paragraph 

G. 1. of thia seotion unt f? 1 the Chairman of the 

National Indian Gaming Commission reoeives the 

additional information. 

License procedure (3) 
BRD RIVER CQSIN0< I 

3. A permanent numeriaal record of each liaenee 

isqued will be kept with a copy of that license 

placec3 in the employee folder. 

- - --I:-- ~I-A-c.A-...~-~ 1 kfi a 4r+tivn l':c: ~p Y iilb-'lj'ciuklirj ' &&C;daoCi ..rax--uil a. EL, --, , - 

sauple as in attachment 1 of this procedure. 

, If the investigative report and review indioate 

-~$=E-Z~Z!?$ 1 $=fi tc s4zy1?- j f i cat 1 on 

of applicants as lie+;& in C.F.R. 25 the Personnel 

Manager will submit to the Tribal chairman for 

review with the council, that report and comments. 

1. The lribal Council will review each problem 

report and make a decision based upon their 

analysis of rehabilitation of the candidate. 

If the council approved the license it: will be 

issued in accordance with section IXI(a). 

2. While section IlI(b) of this procedure and 

section 556.0 of C.F.R. 25 allows the Tribe to 

be the sole determination of License 

cfualifiaation it La understood that applicants 

who are convicted of felonies or misdemeanors 

that were crimes of moral turpitude wuld be 

reason for autamatia disquallfication. 

3. If, within the thirty (30) day period 

described above the National Indian Gaming 

Cornmiasion provides the Counail with a 

statenent itemizing objections to the issuance 

of a lioense to a key employee or to a primary 

management official for whom the Tribe has 

provided an appliaation, taking into account 

the objections itemized by the National Indian 

Gaming Commission, the Counoil shall make the 

final decision wbether to issue a license to 

'such applicant. 

Licensing procedure8 will adhere and conform to 

The Bad River Gaming Ordinance and Bad River 

policy number 800 covering Gaming liaenaes. 

License Procedure (4) 
BQD RIVER CASINB< 

License suspension proosdure will adhere to 

the dad River Gaming Ordinance. 

1. If, after the issuance of gaming iicaii~s, tho 

council receives from the National Indian 

Gaming Commission reliable information 

iiriiiua-t;Png that a key nmployee or a primary 

management official is not eligible for 

employment under subsection (D) above, the 

Tribe shall suspend suah license and ehall 

notify in writing the licensee of the 

suspension and the proposed revocation. 

2. The council shall notify the licensee of a time 

and a place for a hearing on the proposed 

revocation of a license. 

3. After a revocation hearing, the Counoil shall 

decide to revoke or to reinstate a gamin 

iicense. Tbe Tribe shall notify the Nat ? onal 

Indian Gaming Cornmiasion if ite decision. 

G. License Looations 

The Counail shall issue a separate liaense to each 

place, facility or location an Indian laws where 

class XI & 111 gaming is conducted under thie 

ordinance. 

License Procedure 
Telephone 

7151682-7121 

&& Bingo I BAD RIVER BAND OF LAKE SUPERIOR 

TRIBE OF CHIPPEWA INDIANS 

P.O. Box 39, Odanah, WI 54861 

POLICY NO. 900 

PREPARED BY: JERRY TEAGUE 

BAD RIVER GAMING ENTERPRISE 

POLICIES AND PROCEDURES 

I. TITLE: Background Investigation of Employees, Key 

Employees and Primary Management Officials 

11. Purpose 

To pro*i.de a procedure to conduct or cause to be 

conducted background investigations of employees, key 

employees and primary management officials employed by 

or associated with the Bad River Gaming Enterprise as 

required by 25 CFR section 522(b). 

111. Responsibility 

A. Responsibility for initiating background 

investigations required by 25 CFR section 522.2 (b) 

is directly and solely that of the Bad River Band of 

Lake Superior Tribe of Chippewa Indians. 

B. The Tribe has the direct responsibility to determine 

suitability for employment of any person within the 

Tribal Gaming Enterprise 556.4(a)(b). 

C. Personnel responsible for initiating, follow thru 

and completions of background investigations are 

listed as attachment one to this procedure. 

1. Personnel and organization listed in attachment 

one were selected by the Tribal Council to 

initiate and follow thru to completion of 

background checks. 

Background Procedures (1 ) 
2. selection was made by Council based on job 

responsibility and position within the 

enterprise. 

D. Background investigations are completed on 

applicants, using various investigative procedures 

and in accordance with requirements listed in 

the Bad River Tribal Gaming Ordinance. 

1. Verify by written and/or oral comunications 

information submitted by applicant. 

2. Inguiry into applicants, prior activities, 

cr,iminal record if any, reputation, habits and 

associations. 

3. Oral and written interviews and reference checks 

wi,th a sufficient number of knowledgeable people 

such as former employers, personal references and 

others to whom referred in order to provide a 

basis for the Council to make a finding 

concerning the eligibility for employment in the 

gaming operation. 

4. Personnel record checks with local courthouse 

records in conjunction with local law enforcement 

agencies. 

5. Fingerprint checks submitted to State and Federal 

agencies. 

(a) Fingerprints will be taken by or under the 

supervision of: 

Ashland County Sheriff Department 

201 West Main Street 

Ashland, WI 54806 

(b) Minimum procedures for conducting a criminal 

history check by the Ashland County Sheriff 

Department are similar to those listed in 

this document. 

6. Precise and accurate documentation concerning 

disposition of all potential problem areas noted 

Background Procedures (2) 
along with any disqualifying information which 

was obtained. 

7. A final investigative report utilizing all 

information and documentation will be produced 

and submitted in accordance with 25 CFR part 

522.1 this report will contain the following: 

(a) Steps taken in conducting the background 

investigation. 

(b') Results obtained 

(c,) Conclusions reached 

(d) The bases for those conclusions 

(0') Final determination and decision taken by 

Tribal Council. 

E. Eligibility Determination 

The Council shall review a person's prior 

activities, criminal record, if any, reputation, 

habits and associations to make a finding 

concerning the eligibility of a key employee or 

primary management official for employment in the 

gaming operation. If the Council 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. 

F. Procedures Zsx FawmUu Zuulicatiow 

fPT~~~ =%%2QJm Nat1oua.L mi2%2& Manaqemenf;Offlclals conualsslon. 

1. hen 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 

Background Procedures (3) 
a completed application for employment and 

conduct the background investigation and make 

the determination referred to in subsection E 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 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. 

3. The Gaming operation shall not employ as a key 

employee or primary management official a 

person who does not have a license after 90 

days. 

With respect to key employees and primary 

management officials, 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 designee for no less than three (3) 

years from the date of termination of employment. 

Background Procedures 
BAD RIVER TRIBAL COURT CODES 

TABLE OF COWTENTS 

SECTION VII - CHAPTERS 500, 601, 701, 900 

CHAPTER 500 - GAHING CONTROL ORDINMCE 

Section 500.1 - Findings 

Section 500.2 - Introduction 

Section 500.21 - Title 

Section 500.22 - Authority 

Section 500.23 - Purpose 

Section 500.24 - Effective Date 

Section 500.25 - Abrogation and Greater Restrictions . Section 500.26 - Interpretation 

Section 500.27 - Severability and Non-Liability 

Section 500.3 - General Definitions 

Section 501 - Bingo Manager 

Section 50l.l(a)(b)(c) 

Section 501.2 - Powers and Duties of Tribal Bingo Manager 

Section 502 - General Operating Provisions 

502.1 - (a) - (r) 

Section 502.2 - Prizes 

Section 502.3 - Method of Conduct 

Section 502.4 - Winners 

Section 503 - Raffles 

Section 503.1 - Conduct of Raffles 

Section 503.2 - Method of Play 

Section 504 - Finances and Accounting 

Section 504.1 - Annual Operating Budget 

Section 504.2 - Monthly Financial Report 

Section 504.3 - Bingo Account 

Section 504.4 - Audit 

Section 505.1 - Class 111 Gaming - General Provisions 

Section 505.2 - Rules of Play 

Section 505.3 - Tax Withholding 

Section 505.4 - Employees 

Section 505.5 - Records and Audits 

Section 505.6 - Finances and Accounting 

Secti on 505.6111 - RESERVED. OFF-RESERVATION 

Section 506 - Violations 

Section 506.1 - Prohibited Activities 

Section 506.2 - Penalty 

Section 506.3 - Enforcement 

Section 506 - Repealer 
CHAPTER 500 - GAMING CONTROL ORDINANCE 

Section 500.1 - Findings 

The Tribal council finds that gaming revenues are essential 

to the provision' of tribal governmental services, that direct I 

tribal control through the central tribal administration is 

essential to the rational utilization of tribal funds generated 

by tribally-operated gaming, that tribal gaming revenues must 

be fully integrated into the tribe's annual financial planning; 

and that tribal governmental spending priorities must take 

precedence over individual or organizational funding requests 

in the utilization of gaming receipts. 

Section 500.2 - Introduction 

500.21. TITLE. This ordinance shall be known as the Gaming 

Control Ordinance. 

500.22, AUTHORITY. This ordinance is enacted pursuant to 

Article VI, Section 1 (g) and ( j 1 of the Constitution and Bylaws 

of the Bad River Band of the Lake Superior Tribe of Chippewa 

Indians. All violations of this ordinance shall be prosecuted 

in Tribal Court. 

500.23. PURPOSE. The purpose of this ordinance is to regulate 

the conduct of Class I1 and Class I11 gaming conducted on the 

Bad River Indian Reservation. 

500.24, EFFECTIVE DATE. This ordinance shall be effective 

on the date of enactment by the Bad River Tribal Council. 

500.25, ABROGATION AND GREATER RESTRICTIONS. Where this 

ordinance imposes greater restrictions than those contained 

in other tribal ordinances, the provision of this ordinance 

shall govern. 

500.26. INTERPRSTATION. In their interpretation and 

application, the provisions of this ordinance shall be held 

to be minimum requirements and shall be liberally construed 

in favor of the Tribe and shall not be deemed a limitation or 

repeal of any other Tribal power or authority. 
.500.27. SEVERABILITY AND NON-LIABILITY. If any section, 

provision or portion of this ordinance is adjudged f 

unconstitutional or invalid by a court of competent jurisdiction, 

the remainder of this ordinance shall not be affected thereby. 

The Tribe asserts there is no liability on the part of the Bad 

River Band of the Lake Superior Tribe of Chippewa Indians, its 

agents or employees for damages that may occur as a result of 

reliance upon, and conformance with this Ordinance. 

Section 500.3 - General Definitions 

(a) For the purposes of this chapter, the following definitions 

shall be used. Words in the present tense include the future; 

the singular includes the plural; and the plural includes the 

singular. The word "shall" is mandatory and the word "may" 

is permissive. 

(b) "Bingo" means a game of chance in which players pay a 

consideration in order to participate, in which 75 numbered 

objects are available for selection, and those objects actually 

selected are selected on a random basis, and in which each player 

participates by means of cards sold, rented or used only at 

the time and place of the game, each card containing 5 rows 

of 5 spaces each, each space printed with a number form 1 to 

75 except the central space, which is marked "FREE1'. Winners 

are determined and prizes awarded on the basis of possessing 

a bingo card on which some combination of numbers are printed 

and conform to the numbered objects selected at random based 

on a predetermined winning arrangement. "BINGO" as used in 

this chapter shall not mean any game using free cards and donated 

prizes, if any, for which no payment of consideration is made 

by players. 

(c) "Bingo Manager" meaqs a person hired by the Tribe to conduct, 

organize and supervise all bingo and raffle occasions. 

(dl "Bingo Occasion" means a single gathering or session at 

which a series of successive bingo games are played. 
(el "Bingo Supplies and Equipment" means all cards, boards, 

sheets, markers, pads or other supplies, devices or other 

equipment designed for use in the conduct or play of bingo. 

(f) "Caller" means an individual who by means of a mechanical 

device randomly selects numbers and announces them to players. 

(g) "Checker" means an individual who verifies a player's claim 

to have won a game. 

(h) "Class I1 Gaming" means class 11 gaming as defined by 25 

U.S.C. §2703(7), including but not limited to bingo, raffles, 

and pull-tabs. 

(i) "Class I11 Gaming" means class I11 gaming as defined by 

U.S.C. S2703(8). 

(j) "Council" means the governing body of the Bad River Band 

of the Lake Superior Tribe of Chippewa Indians. 

(k) "Inventory Checkern means a designated person from the 

accounting office who shall be responsible for a monthly inventory 

check of the bingo supplies/materials. 

(1) "Raffle" means a game of chance in which tickets are sold 

and a drawing for prizes is held, or in which the ticket is 

drawn by the purchaser and a determination of prize made based 

upon the ticket drawn. 

(m) "Reservation" means all lands within the exterior boundaries 

of the Bad River Reservation. 

(n) "Tribe" means the Bad River Band ofthe Lake Superior Chippewa 

Indians. 

Section 501- Bingo Manager 

501,l(a), There is hereby established the position of Tribal 

Bingo Manager. 

(b) The Tribal Bingo Manager shall be appointed by the Tribal 

Council. The Tribal Bingo Manager shall be subject to the Bad 

River Gaming Operations Policies and Procedures and shall be 

supervised by the Gaming General Manager. 
(c) No person may commence work as Tribal Bingo Manager until 

such person has been licensed by the Tribe as a gaming manager. (' 

Prior to licensing, the person's background shall be investigated, 

including his or her prior activities, criminal record, if any, 

reputation, habits, and associations; and a finding shall be 

made that hiring the individual will not pose a threat to the 

public interest or to the effective regulation of gaming, or 

create or enhance the dangers of unsuitable, unfair, or illegal 

practices, methods, or activities in the conduct of gaming. 

Any applicant under consideration for hiring as Tribal Bingo 

Manager may be required to execute such releases as are necessary 

or convenient to obtain the information required under this 

paragraph. The tribe's personnel manager shall be responsible 

for the thorough and efficient conduct of the investigation 

and may contract with such agencies or incur such expenses as 

are necessary or convenient to such end. The personnel manager's 

findings and conclusions shall be made available to the tribal 

council and to the National Indian Gaming Commission prior to 

the issuance of any license. The Bingo Manager shall not commence 

work until there is on file with the tribal personnel office 

evidence of a surety bond for the benefit of the Tribe in the 

amount of $25,000.00 to indemnify the Tribe for losses incurred 

by a breach of fiduciary or other duties arising hereunder. 

The Tribe shall secure the bond for the Bingo Manager. 

501.2, POWERS AND DUTIES OF TRIBAL BINGO MANAGER. The Tribal 

Bingo Manager shall have the following powers and duties: 

(a) To conduct bingo operations in conformity with this 

ordinance; 

(b) To conduct raffles in conformity with this ordinance; 

(c) To conduct other Class I1 gaming at any locale at which 

Bingo is played; 

(d) To receive and deposit monies generated from operations 

described in subparagraphs (a), (b) and (c) with the Tribe's 

Treasurer, or authorized banking institutions; 
(el To report to the Tribal Council, on forms approved by the 

Tribal Council, on a monthly basis, unless required to do so 

more frequently by the Council. . 

(f) To supervise all personnel necessary to conduct operations 

under subparagraphs (a), (b) and (c). No person shall be an 

employee of the Bingo when he or she is on the Tribal Council. 

(g) The Tribal Council shall retain the duties of hiring any 

and all employees of the Bad River Bingo and the Chairman shall 

retain the duties of terminating any employees for good cause. 

All employee relations shall be governed by the Bad River .Gaming 

Operations Policies and Procedures. 

(h) To develop and enforce general policies, subject to Tribal 

Council approval, governing operations under subparagraphs (a), 

(b) and (c), which shall be followed by the Bingo Manager and 

the Bingo employees. 

(i) To insure compliance with Inventory/Cash controls systems 

developed by the Tribe. 

(j) To insure the security of Bingo, raffle, and other Class -.-. 

I1 gaming equipment and supplies in his custody or control and 

of Bingo, raffle and other Class I1 gaming revenues in his custody 

or control. . . 

Section 502 - General Operating Provisions 

502.1 (a) Only the Bingo Manager or a person authorized by 

the Tribal Bingo Manager shall conduct bingo or act as a caller 

in the conduct of bingo. 

(b) Bingo shall be conducted only on behalf of the tribal 

government and only on tribal premises. 

(c) Purchase of a bingo card shall entitle each purchaser to 

a place on the Tribal premises where bingo is conducted with 

sufficient room in which to work the bingo card. 

(dl The Tribal Bingo Manager may, in his or her discretion, 

limit the number of persons allowed to purchase bingo cards 

at any one bingo occasion if there is not sufficient space or 

supplies. 
(e) The Tribal Bingo Manager shall hold not less than 106 bingo 

occasions within any calendar year. The Tribal Bingo Manager ( 

may hold such further bingo occasions as the Council shall 

designate. 

(f) The Tribal Bingo Manager shall accept only a cash payment 

for any bingo card. 

(g) The Tribal Bingo Manager shall purchase such supplies and 

equipment as are necessary for the operation of bingo and 

consistent with the budget approved by the Tribal Council. 

All equipment and supplies used in the conduct of bingo shall 

be owned by the Tribe. The bingo equipment shall be maintained 

in good repair and sound condition. 

(h) Only the Tribal Bingo Manager and persons acting under 

his or her supervision may participate in the management or 

operations of any bingo occasion. No other person, firm, 

corporation, consultant, or similar entity shall participate 

in the management of any bingo occasion. Nothing herein shall 

prevent the Tribal Bingo Manager from entering into a contract 

for the televising of bingo occasions, however. i. 

(i) No person under the age of 16 shall purchase or play a 

bingo card for any bingo game conducted pursuant to this ordinance 

unless accompanied on tribal premises by such person's parent 

or guardian. No person under the age of 12 shall be allowed 

in the Tribal premises in which bingo is conducted during a 

bingo occasion. 

(j) No alcoholic beverages or illegal drugs shall be allowed 

on Tribal premises where bingo is conducted during a bingo 

occasion. Any person found possessing or using alcoholic 

beverages or illegal drugs during bingo occasions shall be removed 

from the premises and barred from further bingo occasions. 

(k) Bingo occasions shall be advertised by whatever lawful 

methods the Tribal Bingo Manager deems suitable and appropriate 

to attract a maximum number of players, consistent with the 

budget approved by the Tribal Council. 
(1) The Tribal Bingo Manager shall authorize the operation 

of concessions for the sale of food or refreshments by Tribal 

organizations under such terms and conditions as he or she deems 

appropriate. No person or organization may sell any other 

merchandise on the premises where bingo is being conducted during 

a bingo occasion unless authorized by the Tribal Council. 

(m) Bingo cards shall be sold or rented by the Tribal Bingo 

Manager in the first instance only on the premises at which 

the bingo occasion is being conducted. The Tribal Bingo Manager 

shall keep an accurate, separate count of the number of bingo 

cards which are sold, rented or used. 

(n) No person employed in the operation of a Tribal Bingo 

occasion shall be permitted to purchase any bingo card, finance 

the purchase of any Bingo card, or share in the proceeds of 

any winnings for that occasion or participate in any other way 

as a player during that bingo occasion. 

(0) Nothing herein shall prevent the broadcast or televising 

of Tribal bingo occasions. The Tribal Bingo Manager is hereby 

authorized to enter into a contract for the broadcast or 

televising of Tribal bingo occasions, provided that any such 

contract shall be approved by resolution of the Tribal Council 

before taking effect. 

(p) Every month the Inventory Checker shall be responsible 

for taking a physical inventory of the supplies/materials to 

see if it matches the Bingo Manager's records. Any discrepancies 

shall be reported to the Bingo Manager and Tribal Council. 

(q) The Bingo Manager may conduct other Class I1 gaming at 

the times and places where Bingo is played or a raffle conducted. 

Sections 502.l(b), If), (g), (h), (i) (j), (k), (11, (m), (n), 

(o), and (p), and 502.2 shall apply to the conduct of Class 

I1 gaming other than Bingo and raffles. 

r The Bingo Manager shall assure that ventilation, sanitary, 

and drinking water supply systems are all operating properly 
at all times and places when operation under subparagraphs (a), 

(b), or (c) occur. 

Section 502.2 - Prizes 

(a) The amount and nature of prizes offered shall be determined 

for each bingo occasion by the Tribal bingo Manager, provided 

that the prizes offered shall be commensurate with the generally 

accepted odds in bingo operations. 

(b) Either cash prizes or merchandise prizes shall be allowed. 

If a merchandise prize is offered, its stated value shall be 

the current retail price. No merchandise prize shall be 

redeemable or convertible into cash, either directly or 

indirectly, by the Tribe. 

(c) Prizes of alcoholic or fermented malt beverages, securities, 

or interests in real property are prohibited. 

Section 502.3 - Method of Conduct 

(a) The Tribal Bingo Manager shall determine the type of game 

and prize for each game conducted during a bingo occasion. 

The particular arrangement of numbers required on a bingo card 

in order to win and the amount of the prize for the game shall 

be clearly described and audibly announced to the players 

immediately before each game. 

(b) Each bingo game shall be conducted in such a manner that 

the results are random and each person purchasing a card is 

afforded an equal opportunity to win, and all equipment and 

supplies used in the conduct of each game shall be designed 

and used in such a manner as to secure such result. 

(c) The objects to be drawn shall be as near the same size, 

shape, weight, balance, and all other relevant characteristics 

as is, practicable so that at all times during the conduct of 

bingo each object possesses the capacity for equal agitation 

with any other object within the receptacle. 

(dl Seventy-five (75) objects, numbered consecutively "1" through 

i. 
"75" inclusive, shall be used for the conduct of each game. 

All 75 objects, and only 75 objects, shall be present in the 

receptacle at the beginning of each bingo game. 

(el The number on each object drawn shall be announced in a 

manner clearly audible to the persons present during the conduct 

of the game and shall be visually displayed as well. 

(f) Once removed from the receptacle during the conduct of 

a game, no object shall be returned to the receptacle until 

after the conclusion of that game. 

(g) The receptacle and the caller shall be visible to the 

majority of persons present during the conduct of a game at 

all times. 

Section 502.4 - Winners 

(a) The winner of a bingo game shall be the person in possession 

of the bingo card with the numbers on it arranged in the manner 

announced for that game achieved with the least number of objects 

drawn and who audibly calls out "BINGO!" 

(b) The bingo winner for each game shall be determined on the 

same day on which the bingo occasion is conducted. Each prize 

shall be awarded within one week of the bingo occasion for which 

the prize was offered. 

(c) The numbers appearing on the winning card at the time a 

winner is determined shall be verified in the immediate presence 

of at least one disinterested person. 

(dl At the time a winner is determined, any person may call 

for a verification of all numbers and of the objects remaining 

in the receptacle not drawn. Such verification shall be made 

in the presence of the Tribal Bingo Manager and at least one 

disinterested person. 

(e) When more than one person is found to be the winner of 

a bingo game, a cash prize shall be divided equally among the 

winners. When equal division of a merchandise prize is not 

possible, identical substitute prizes whose aggregate retail 
value is approximately equal to that of the designated prize 

shall be awarded. P 

Section 503 - Raffles 

503.1. CONDUCT OF RAFFLES. 

(a) A raffle shall be conducted only on Tribal premises, except 

as provided by sec, 503.2(b) (2 1, by the Tribal Bingo Manager 

or a person authorized by the Tribal Bingo Manager or authorized 

by the Tribal Council. 

(b) Only cash payment may be accepted for the purchase of a 

raffle ticket. 

(c) Supplies and equipment necessary for the operation of a 

raffle on behalf of the Tribe shall be purchased by the Tribal 

Bingo Manager as consistent with the budget approved by the 

Council. Such supplies and equipment shall be owned by the 

Tribe. 

(dl Prizes of alcohol or fermented malt beverages, securities 

or interest in real property are prohibited. 

Section 503.2 - Method of Play 

(a) Types of Raffles. There shall be two types of raffles 

which may be conducted: 

(1) Raffles in which tickets are sold to individuals, 

placed in a container and drawn to determine the winner, and 

(2) Raffles in which a fixed number of tickets, some which 

indicate the winners, are sold and drawn by the purchaser. 

(b) Tickets. There shall be three types of tickets which shall 

be used for the raffles in subsection (a): 

(11 For raffles described in (a) (1) tickets shall be 

identical in form and numbered sequentially if the raffle tickets 

are only sold on the same day or night of the occasion and drawing 

of the wi'nner. 

(2) For raffles described in (a) (1) and if the raffle 

tickets are sold over a period of time before the day or night 
of the drawing of the winner, the tickets shall be identical 

in form, contain the name and address of the Tribe or sponsoring 

organization, the price of the ticket, the date and place of 

the drawing and a place for the purchaser's name and address. 

Sale of these raffle tickets off premises shall be permitted. 

(3) For raffles described in (b)(2) raffle tickets shall 

be purchased in lots, with a fixed number of tickets and winning 

tickets in each lot, shall be of similar outward appearance 

and shall have concealed within the indices of winning what 

may be revealed by manipulation of the ticket by the purchasers 

after the purchase. 

(c) Play of Raffles: 

(1) The Tribal Bingo Manager shall determine the type 

of raffle and the prize or prizes for each raffle, which shall 

be clearly described and available to raffle ticket purchasers 

at the time of purchase. For raffles described in Section (a)(l), 

the odds per lot of tickets shall also be available. 

(2) Each raffle shall be conducted in such manner that 

the results are random and each person purchasing a ticket is 

afforded an equal opportunity to win, and all equipment and 

supplies used in the conduct of each raffle shall be designed 

and used in such a manner as to secure such a result. 

(3) Winners shall be determined according to the type 

of raffle and the rules of each raffle set by the Tribal Bingo 

Manager. The purchaser of a ticket need not be present at 

the drawing to wind a prize. 

(4) All raffle drawings shall be held in public. 

(5) All prizes shall be awarded. 

Section 504 - Finances and Accountinq 

504.1, ANNUAL 'OPERATING BUDGET. 

(a) Bingo, raffle, and other Class I1 gaming conducted at the 

locale at which Bingo is played shall be carried out in accordance 

, with the annual operating budget adopted for that purpose.' 
Such budget shall detail the operational expenses of the operation 

and shall be prepared by the Tribal Bingo Manager and presented ( 

for approval by the Tribal Council at least one month before 

the commencement of the budget year. The budget year shall 

begin January 1 of each year. 

(b) No expenses may be incurred by the Tribal Bingo Manager 

except as provided for and in conformity with the annual operating 

budget. 

(c) The Tribal Council may, as circumstances warrant, amend 

the annual operating budget during the course of the year. 

504,2, MONTELY FINANCIAL REPORT. 

The Tribal Bingo Manager shall prepare, sign, and submit to 

the Tribal Council a monthly financial report which shall include 

the following information for the preceding month: 

(a) the names of all persons employed in the conduct of bingo, 

raffles, and other associated Class I1 gaming; 

(b) the number and dates of all bingo occasions and raffles; 

(c) an itemized statement of gross receipts from all bingo 

occasions and other Class I1 gaming; ( 

(dl an itemized list of all expenditures; 

(el a statement showing the balance in the bingo account; and 

(f) an itemized list of transfers from the bingo account to 

other tribal accounts for administration, government and program 

expenditures. 

504.3. BINGO ACCOUNT, 

The Tribal Accounting Office shall create a special account 

into which bingo, raffle and other Class I1 gaming receipts 

shall be deposited. Bingo, raffle, and associated Class I1 

gaming receipts shall be deposited within three days of the 

Bingo or Raffle. Gross receipts derived from the conduct of 

bingo, raffles, and other Class I1 gaming shall not be commingled 

with any other tribal funds. Transfers from on the bingo account 

shall only be for one of the following purposes: 

(a) The payment of reasonable and necessary expenses incurred 
in connection with the conduct of bingo or raffles in conformity 

with the annual operating budget including the payment of any 

assessment under 25 U.S.C. S2717. 

(b) (il to fund tribal governmental operations or programs, 

(ii) to provide for the general welfare of the Tribe and 

its member by supporting, supplementing, or augmenting services 

provided by the Tribe to its members and the community. 

(iii) to promote tribal economic development, or 

(iv) to support charitable or educational purposes. 

504.4, AUDIT, 

(a) The bingo, raffle, and other Class I1 gaming operations 

shall be subject to an annual outside audit. 

(b) Included in such annual outside audit shall be all contracts 

for supplies, services, or concessions for a contract amount 

in excess of $25,000 annually, except contracts for professional 

legal or accounting services, related to bingo, raffle, and \ 

other class 11 gaming. 

505.1, CLASS I11 GAMING - GENERAL PROVISIONS, 

(a) Class I11 gaming may be conducted pursuant to this chapter 

at the following locations : 

1. The log building located on U.S. Hwy. 2, at SE% NW% 

Sec. 32, T48N R2W. 

2. Any other location designated by tribal council 

resolution. 

(b) No person, natural or legal, or association of persons, 

other than the tribe, may conduct Class I11 gaming on the 

reservation. 

(c) All primary management officials and key employees of the 

Class I11 gaming operation shall be subject to the licensing 

provisions of sec. SOl.l(c1. 

(dl The chief management official of the class I11 gaming 

operation shall be responsible for the development and 

implementation of policies to effectuate all standards for the 

conduct of games, prescribed by the tribal council including 
those policies and rules contained in section 505.2 - 505.5, 

any tribal-state compact, and any National Indian Gaming ( 

Commission regulations. 

(el The chief management official of the class I11 gaming 

operation shall be responsible for the conduct of all class 

I11 gaming operations on the reservation and all Class I1 gaming 

operations conducted at a class I11 gaming facility. 

(f) The chief management official of the class I11 gaming 

operation shall be subject to the same powers and duties with 

respect to the Class I11 gaming operation as the Bingo Manager 

is with respect to Bingo operations. 

(g) Any person, natural or legal, and any association thereof, 

contracting with the tribe to provide management service to 

the class I11 gaming operation, or gaming related goods or 

services exceeding in value $10,000 per year, shall be required 

to obtain a gaming contractor license from the tribe, to be 

issued by the tribal chairman only after an investigation as 

provided in sec. 501.l(c) has been completed. 

(h) No member of the tribal council, and no spouse, parent, [ 

child or sibling of a member of the tribal council, may have 

any direct or indirect financial interest in th class I11 gaming 

operation, nor may any such person or any employee of the class 

I11 gaming operation receive any payment, gift, or gratuity 

of any kind from any gaming contractor licensed by the Tribe 

or from any person, natural or legal, or any association thereof, 

engaged in the provision of gaming goods or services, whether 

or not such person or association is currenly providing any 

such goods or services to the Tribe. 

SEC. 505.2 - CLASS I11 GAMING - RULES OF PLAY 

(a) No person under 18 years of age may play any Class I11 

game. If any person under 18 years of age plays and otherwise 

qualifies for any prize or winnings, the prize or winnings 'shall 

not be paid, and the estimated amount wagered by the person 
during the course of the game in which he otherwise qualifies 

for the prize or winnings shall be returned to him. 

(b) The chief management official of the class I11 gaming 

operation shall cause to be posted at places where notice is 

likely an announcement that persons under the age of 18 may 

not participate in gaming. 

(c) No person who is visibly intoxicated may play any Class 

I11 game. 

(dl No credit shall be extended by the Tribe or any of its 

agents or employees for the conduct of gaming. No person shall 

offer any other person credit for a fee, however calculated, 

for the conduct of gaming, except that an automatic teller machine 

that accepts bank cards or credit cards may be installed upon 

class I11 gaming premises. 

(el No alcoholic beverages may be sold at the class I11 facility 

for the purpose of off-premises consumption. 

(f) Electronic games of chance shall be installed and operated 

pursuant to section XV of the current Compact entered into by 

the Tribe and the State of Wisconsin. 

(g) Blackjack shall be conducted pursuant to section XVI of 

the current Compact entered into by the Tribe and the State 

of Wisconsin. 

(h) Pulltab or break open ticket games shall be conducted 

pursuant to the most recent published standards of the North 

American Gaming Regulators Association. 

(i) If a player has a dispute concerning the conduct of a game, 

he or she shall have the right to a resolution of the dispute 

by the chief management official on the premises at the time 

the dispute arises. The dispute shall be resolved upon 

notification of the management official involved, after hearing 

from the aggrieved player and any involved class I11 facility 

employee involved. The decision of the management official 

shall be final. If the dispute involves the chief management 

official on the premises, it shall be resolved within five working 
days by the tribal chairman or, in his absence, the vice-chairman, 

after hearing from the aggrieved player and the involved 

management official. The decision of the chairman or 

vice-chairman shall be final. Copies of this section of this 

chapter shall be kept at the class I11 facility and shall be 

made available to any customer of the class I11 facility upon 

request. 

SEC, 505.3 - CLASS I11 GAMING - TAX WITHHOLDING 

(a) Federal income tax shall be withheld from any prize 'or 

winnings in those cases where such withholding is required by 

the United States Internal Revenue Code. In all such cases, 

Wisconsin income tax shall also be withheld except on payments 

to: 

1. Enrolled members of the Tribe, or 

2. Individuals who certify to the Tribe, on forms 

that the chief management official shall assure 

are available, that they are not legal residents 

of the State of Wisconsin, unless such individuals 

are subject to Wisconsin income tax on such 

winnings under ch. 71, Wis. Stats., for the 

calendar year in which the payment is made. 

(b) The amount of Wisconsin income taxes withheld under subsec. 

(a) shall be the amount of winnings multiplied by 6.93% ( .0693 1 1 

or the highest Wisconsin income tax rate applicable to individuals 

under sec. 71.06(1), whichever is higher. 

(c) Taxes withheld under this section shall be deposited with 

the United States Internal Revenue Service and the Wisconsin 

Department of Revenue as provided by federal and state law. 

SEC, 505.4 - CLASS I11 GAMING - EMPLOYEES 

(a) No person employed at the class I11 facility may participate 

directly or indirectly as a player in any game at the class 

I11 facility. No person who has been employed at the class 
I11 facility may participate, directly or indirectly, as a player 

in any game at the class I11 facility until 30 days have elapsed 

since the person's last day of su'ch employment. 

(b) No person employed at the class I11 facility may have any 

direct or indirect interest in, or be employed by, any person 

who has entered a gaming-related contract with the Tribe. 

(c) NO person under the age of 18 may be employed at the class 

I11 facility in any position related to the conduct of gaming. 

SEC, 505.5 - CLASS I11 GAMING - RECORDS AND AUDITS 

(a) The . tribal accounting office shall maintain for at least 

seven years, and shall permit the authorized agents of the State 

of Wisconsin to inspect and copy, the following records: 

1. All , accounting . records, which shall be kept on 

a double entry system of accounting, including 

detailed, supporting and subsidiary records. 

2. Revenues, expenses, assets, liabilities and equity 

by game at each location where any component 

of Class I11 gaming including ticket sales, is 

conducted. 

3. Daily cash transactions for each game at each 

location at which any component of Class I11 

gaming is conducted, including but not limited 

to transactions relating to each gaming table 

bank, game drop box and gaming room bank. 

4. For electronic games of chance, analytic reports 

which, by each machine, compare actual hold 

percentages to theoretical hold percentages. 

5. Contracts, correspondence and other transaction 

documents relating to all vendors and contractors. 

6. Records of all Tribal enforcement activities 

rellating to gaming operated under this Compact. 

7. All audits prepared by or on behalf of the Tribe. 

(b) The tribal personnel office shall maintain for at least 
seven years, and shall permit the authorized agents of the State 

of Wisconsin to inspect and copy, the following records: !' 

1. Personnel information on all Class I11 gaming 

employees or agents, including complete sets 

of each employee ' s fingerprints, employee 

photographs, and employee profiles and background 

investigations, except that employee work schedules 

shall be maintained for a period of at least 

2 years. This provision shall not include 

personnel records of tribal members as to matters 

that are not related to gaming. 

2. Records of background investigations and 

determinations under section IX. of the current 

compact between the Tribe and the State of 

Wisconsin. 

(c) At the close of each fiscal year, the chief management 

official of the Class I11 facility shall assure that an 

independent certified public accountant has been engaged to 

conduct a financial audit of the books and records of the Tribe's \ 

Class 111 gaming operations. The audit shall be completed within 

90 days after the close of the fiscal year. The chief management 

official shall assure that copies of any audit reports and 

management letters are forwarded to the FJisconsin State Auditor 

and to the Lottery Board. 

(d) For the fiscal year including December 1991, and each 

subsequent fiscal year which includes the December of an 

odd-numbered year, the chief management official of the class 

I11 facility shall assure that a qualified independent security 

auditor has been engaged to conduct a security audit. The audit 

shall review and evaluate the effectiveness, adequacy, and 

enforcement of: 

1. Physical systems and administrative policies 

and procedures controlling access to non-public 

offices, warehouses, and computer rooms relating 
to the conduct of gaming under this Compact. 

2. Physical systems and administrative policies 

and procedures for handling cash and for redemption 

of winning tickets or credit statements issued 

by electronic games of chance from their receipt 

by the Tribe to payment of the player, including 

procedures for receiving and routing incoming 

prize claims. 

3. Policies, procedures and practices to prevent 

theft, loss or destruction of materials, equipment, 

or supplies associated with any' of the games 

authorized by this compact, including records 

required to be created and maintained by this 

Compact. 

4. Policies, procedures and practices to ensure 

the randomness, accuracy, integrity and reliability 

of games operated pursuant to this Compact. 

5. Fitness and integrity of computer software utilized 

for financial accounting and conduct of gaming 

under this Compact. 

The chief management official shall assure that within 

90 days of the close of fiscal year copies of any audit reports 

and management letters are sent to the Wisconsin State Auditor 

and Lottery Board. 

(el Audits shall be conducted in accordance with sec. XI1 

(c) of the current Compact entered into by the Tribe and the 

State of Wisconsin. 

505-6. CLASS I11 GAMING - FINANCES AND ACCOUNTING. 

(a) The chief management official of the class I11 gaming 

operation shall submit to the Tribal Council a monthly financial 

report which shall include the following information for the 

preceding month: 

(il The names and position of all persons employed; 
(ii) An itemized statement of gross receipts Prom all 

class I11 gaming and all class I1 gaming conducted at a class ( 

I11 facility, and of accounts receivable; 

(iii) An itemized list of all expenditures, and accounts 

payables ; 

(iv) A statement showing the amount available for tribal 

expenditure. 

(b) The Tribal Accounting Office shall create a special account 

into which class I11 receipts shall he deposited. Class I11 

receipts shall not be commingled with any other tribal funds. 

Checks drawn on the class I11 account shall be only be for the 

following purposes; 

(i) The payment of reasonable and necessary expenses 

incurred in the operation of the class I11 facility; or 

(ii) those purposes listed at sec. 504.3(b). 

(c) Class I11 gaming operations shall be subject to an annual 

outside audit which shall include all contracts for supplies, 

services, or concessions for a contract amount in excess of 

$25,000 annually, except for professional legal or accounting i 

services, related to class I11 gaming. 

505,6111 - Class I11 Gaming - Off Reservation. Reserved. 

Section 506 - Violations 

506,1, PROHIBITED ACTIVITIES, It shall be unlawful and 

prohibited activity for any person to: 

(a) Violate the terms of this ordinance in any way; or . . 

(b) Conduct a bingo game or occasion, raffle, class I1 

gaming, or class I11 gaming within the boundaries of the 

reservation except in conformity with this ordinance; or 

(c) Act or scheme in any way to influence the conduct or result 

of any gaming activity or the determination of the winner thereof; 
(dl Act or scheme in any way to deprive the Tribe of the income 

or proceeds of any portion thereof from gaming activities. 

(el Misrepresent on an application, form, or in any interview 

any material fact related to his or her qualifications for a 

license under this chapter or for any gaming-related employment. 

506.2, PENALTY. For commission of any of the prohibited 

activities in sec. 506.1, the violator shall be subject to the 

following penalties : 

(a) A civil remedial forfeiture of up to $5,000.00 for each 

violation. 

(b) Seizure and forfeiture of all property used in the violation; 

(c) Discipline or discharge from Tribal employment; 

(dl Referral to state or federal authorities for criminal 

prosecution; and/or 

(e) Such civil remedies as the Tribe may have available to 

recover any losses caused by or associated with such violations. 

506.3. ENFORCEMENT. 

(a) Jurisdiction is hereby conferred upon the Tribal Court 

over actions for violation of this ordinance under the procedures 

set forth in the Tribal Court Code. 

(b) The provisions of this ordinance shall be enforced by all 

Tribal law enforcement officers. In addition, federal, state, 

and local law enforcement officers are hereby authorized to 

. enforce the provisions of this ordinance. 

(c) In addition to the penalties set forth in 506.2, the court, 

upon conviction, shall order payment of appropriate court costs. 

Section 506 - Repealer 

The Bad River Tribal Bingo and Raffle Control Ordinance is hereby 

- repealed as of the date of enactment hereof. All other ordinances 

or portions thereof inconsistent or in conflict with this 

ordinance are hereby repealed to the extent of the inconsistency 

only.