Honorable Jeffrey D. Parker 

President Bay Mills Indian Community Executive Council 

12140 West Lakeshore Drive 

Brimely , Michigan 4971 5 

Dear Mr. Parker: 

This letter responds to your request to the National Indian Gaming Commission (NIGC) 

for the review and approval of the amendment to the Bay Mills Indian Community's 

(Community) Gaming Ordinance submitted on January 12, 2001. The Community by 

Resolution No. 01-1-8-C on January 8, 2001 adopted the amendments to the ordinance. 

The Chairman of the NIGC approved the original Ordinance on August 31, 1993. This 

letter constitutes approval of your submission under the Indian Gaming Regulatory Act 

(IGRA). 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, over which the Community exercises jurisdiction. 

Thank you for submitting the amendment to the tribal gaming ordinance of the Bay Mills 

Indian Community for review and approval. The NIGC staff and I look forward to working 

with you and the Community in implementing the IGRA. If you have questions or require 

further assistance, please contact Ms. Frances Fragua at 2021632-7003. 

Sincerely yours, 

Montie R. Deer 

Chairman 

cc: Kathryn L. Tierney, Tribal Attorney 

NATIONAL HEADQUARTERS 1441 L St NW, Su~te 9100. Washington. DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NlGC.GOV 

REGIONAL OFFICES Portland. OR; Sacramento, CA; Phoenix. AZ, St. Paul. MN; Tulsa, OK 
Bay Mills Indian Community 

12140 West Lakeshore Drive 

Brimley, Michigan 4971 5 

(906) 248-3241 Fax - (906) 248-3283 

RESOLUTION 

Resolution No. 01 -1-8-C 

Amendment to Gaming Ordinance 

WHEREAS: The Bay Mills Indian Community is a federally 

recognized Indian tribe with a Constitution 

enacted pursuant to the Indian Reorganization 

Act of 1934, 25 U.S.C. sec. 461, et seq., and 

WHEREAS: The Tribe regulates gaming on its Reservation 

under a compact with the State of Michigan and 

under its Gaming Ordinance, and 

WHEREAS: An amendment to the Gaming Ordinance is 

determined appropriate to establish the minimum 

age to play separately from the minimum age to 

be served alcoholic beverages. 

NOW, THEREFORE BE IT RESOLVED, that the Executive Council 

of the Bay Mills Indian Community hereby adopts 

the following amendments to the Gaming 

Ordinance, with deletions struck out and 

additions in italics: 

7.8 Minimum Aqe to Play. -No-persen-under-Eke-age-of-2f 

yea~s-shaff-be-pe~miEEed-Ee-pfay-any-gaming-aekiviEy-be~ng 

ee~dueEed-wikhi~-a-~aei~iEy-whieh-has-a-~eEa~&-a&eehefie 

beve~age-ficense; In any gaming facility which has a 

retail alcoholic beverage license, the minimum age to play any Class 111 game is 21 years of age. In any gaming facility which does not have a retail alcoholic beverage license, the minimum age to play is 19 years of age. 

7.9 Minimum Ase to Enter Facility. No person, other 

than a Class I11 enterprise employee, shall be permitted 

to enEe~-Ehe-area-o~-any-buifd~ng-i~-whieh-a-€~ass-ZZZ 

gaming-aek$viky-&s-being-e8~dueEed~-whe-is-unde~-Ehe-age 

eE-21: 

(A) Enter the area of any building which has a retail 

alcoholic beverage license and in which Class III 

gaming is conducted, if under 21 years of age; 

(B) Enter the area of any building which does not 

have a retail alcoholic beverage license and in 

which Class 111 gaming is conducted, if under 19 

years of age. 
Resolution No. 01 -1 -8-C 

APPROVED : ATTEST : 

Bay Mills Indian Community 

Executive Council 

CERTIFICATION 

I, the undersigned, as Secretary of the Bay Mills 

Indian Community Executive Council, do hereby certify that 

the above resolution was adopted and approved at a meeting 

of the Bay Mills Indian Community Executive Council held 

at Bay Mills, Michigan, on the 8th day of January, 2001, 

with 

abstaining. 

a vote of 

As 

4 

per 

for, 

provlslons 

& opposed, 

of the Bay 

absent, 

Mills 

and 1 

Constitution, the Tribal President must abstain except in 

the event of a tie. 

Bay 'Mills Indian Community 

Executive Council 
GAMING ORDINANCE 

BAY MILLS INDIAN COMMUNITY 

Table of Contents i ,I C. 

. 2 

Section 1 . Findings. Intent and Policy .................. 1 

Section 2 . Definitions .................................. 3 

Section 3 . General Provisions ......................... 10 

3.1 Authority and Sovereign Powers and 

Responsibilities ........................... 10 

3 -2 Title, Repeal of Prior Laws, and Effect of 

Repeal ..................................... 10 

3.3 Classes of Gaming .......................... 10 

3.4 Construction .............................. 10 

3.5 Savings Clause ............................. 11 

Section 4 . 4.1 

4.2 

4.3 

4.4 

4.5 

Tribal Gaming Commission ................... 11 

Establishment .............................. 11 

Location and Place of Business ............. 11 

Duration ................................... 11 

Attributes ................................. 11 

Recognition as a Political Subdivision of the 

Tribe ...................................... 12 

Sovereign Immunity of the Tribal Commission ............................................ 12 

Waiver of Sovereign Immunity of the Tribal 

Commission ................................. 12 

Sovereign Immunity of the Tribe ............ 12 

Credit of the Tribe ........................ 13 

Assets of the Tribal Commission ............ 13 

Membership ................................ 13 

Term of Office ............................. 14 

Ex-Officio Members ......................... 14 

Meetings ................................... 14 

Organization .............................. 15 

Removal of Members or Vacancies ........... 15 

Conflict of Interest ...................... 16 

Powers of the Tribal Commission ........... 16 

Annual Budget ............................. 20 

Tribal Commission Regulations ............. 20 

Right of Entrance; Monthly Inspection ..... 21 

Investigations ............................ 22 

Hearings; Examiner ........................ 22 

Appointment of Examiner; Power of Examiner 22 

Staff of Gaming Commission ................ 22 

Quarterly Reports ......................... 23 

Section 5 . Gaming Licenses ............................ 23 

5.1 Applicability .............................. 23 

5.2 License Required ........................... 23 

5.3 Types of Licenses ......................... 23 
Section 6 . 6.1 

Section 7 . 

Application Procedures ...................... 2 3 

Threshold Criteria Which a Potential Operator 

Must Meet .................................. 24 

License Application Fees ................... 25 

License Tax ................................ 26 

Terms of License ........................... 26 

Posting of Licenses ........................ 26 

Gaming License Renewals .................... 26 

Annual Reports ............................. 26 

Closure of a Tribal Licensed Gaming Activity ............................................ 28 

Gaming Employee Requirements ............... 28 

Current and Valid Gaming Employee License 

Required ................................... 28 

Application Procedure for Employment ....... 28 

Review Procedure ........................... 32 

Scope of License ........................... 32 

Licensing Period ........................... 32 

Renewals ................................... 33 

Requirement to Produce License Upon Request.33 

Suspension or Termination of Employee Licenses ?? 

............................................ 33 

Temporary Suspension of Employee Gaming 

License .................................... 34 

Provisions of General Applicability to All 

Operators .................................. 35 

Gaming License Required .................... 35 

Site and Operator Specified ................ 36 

License Not Assignable ..................... 36 

Employee Licenses Required ................. 36 

Eligible Licensees ......................... 36 

Employee Drug Tests ........................ 36 

Regulations Posted or Available ............ 36 

Minimum Age to Play ........................ 36 

Minimum Age to Enter Facility .............. 36 

Posting of Rules of Play ................... 36 

Equipment Rental Restrictions .............. 37 

Restrictions on Gaming Apparatus Exchange .. 37 

Approval of Gaming Materials Required ....... 37 

Requisite Sale and Redemption Value ........ 37 

Record Maintenance Requirements ............ 37 

Liquor Sale Restrictions ................... 37 

Form of Payment for Chance to Play ......... 37 

Documentation of Winnings and Losses for 

Tax Purposes ............................... 37 

Taxes. Fees and Reports Timely Transmitted .. 37 

Response to Regulatory Inquiries ........... 38 

Display of Gaming License .................. 38 

Maintenance of Premises ................... 38 

Facility Security .......................... 38 

Cooperation with Law Enforcement ........... 38 

Record Inspection .......................... 38 
7.26 Gaming Occasion Restrictions ............... 38 

7.27 Discrimination Prohibited .................. 38 

7.28 Financial Record Review ................... -38 

7.29 Use of Net Proceeds ........................ 38 

7.30 Reporting Requirement Compliance ........... 38 

7.31 Tribal Law Violation ....................... 39 

7.32 Employee Misconduct ........................ 39 

Section 8 . 8.1 

8.2 

8.3 

Gross Proceeds Tax ........................ 39 

Rate ...................................... 39 

Separate Accounting Practices ............. 39 

Tax Due Date; Accrual. Return and 

Signature ................................. 39 

Annual Periodic Reconciliations ........... 40 

Tax Revenue Distribution .................. 40 

Internal Service Fund ..................... 40 

Excess of Receipts over Expenses .......... 40 

Annual Budget ............................. 40 

Section 9 . Operation of Tribally-Owned or TriballyOperated Games ............................ 41 

9.1 Management by a Primary Management 

Official .................................. 41 

9.2 Use of Net Revenues of Tribally-Owned or 

Tribally- Operated Gaming Enterprises ..... 42 

9.3 Audit Requirements ........................ 42 

9.4 Management Contracts ...................... 42 

Section 10 . 10.1 

10.2 

10.3 

10.4 

10.5 

10.6 

10.7 

10.8 

10.9 

Enforcement ................................ 44 

Jurisdiction ............................... 44 

Prohibited Acts ............................ 44 

Criminal Violation ......................... 47 

Civil Violation ............................ 47 

Cumulative Fines ........................... 47 

Purpose of Civil Penalties ................. 47 

Civil Action for Penalties ................. 47 

Seizure of Property ........................ 48 

Reporting of Offenders ..................... 48 

Section 11 . Authorized Games .......................... 48 

11.1 Games Playable ............................. 48 

11.2 License Required ........................... 48 
be conducted only by an operator who possesses a current 

and valid tribal gaming license. 

7.2 Site and Operator Specified. Each tribal gaming 

license shall be applicable only to one gaming site and 

the operator named on such license. 

7.3 License Not Assisnable. No tribal gaming license 

shall be sold, lent, assigned or otherwise transferred. 

7.4 Emplovee Licenses Remired. Each management and key 

employee of a licensed gaming operation shall possess 

a current and valid tribal gaming employee license. 

7.5 Elisible Licensees. A tribal gaming license shall be 

issued only to a person who qualifies therefor under the 

Ordinance, or to the Tribe or a tribal subdivision. 

7.6 Emplovee Druq Tests. Any person employed in a 

Commission-licensed gaming enterprise may be randomly 

selected for testing for utilization of marijuana, 

cocaine, amphetamines, opiates and phencyclidine (PCP) . Random drug testing of employees is a mandatory operating 

procedure for all operators. 

7.7 Requlations Posted or Available. Each operator shall 

have a copy of this Ordinance and regulations readily 

available for inspection by any person at each authorized 

gaming site. 

7.8 Minimum Aqe to Plav. In any gaming facility which 

has a retail alcoholic beverage l~cense, the minimum age 

to play any Class 111 game is 21 years of age. In any 

gamlng facllity which does not have a retail alcoholic 

beverage license, the minimum age to play is 19 years of 

age. 

7.9 Minimum Aqe to Enter Facilitv. No person, other 

than a Class I11 enterprise employee, shall be permitted 

to: 

(A) Enter the area of any building which has a retail 

alcoholic beverage license and in which Class I11 

gaming is conducted, if under 21 years of age; 

(B) Enter the area of any building which does not 

have a retail alcoholic beverage license and in which 

Class I11 gaming is conducted, if under 19 years of 

age. 

7.10 Postinq of Rules of Plav. Each operator shall post 

in a eonspicuous location near where any gaming activity 

is being played, or shall otherwise provide the public 

-36- 

Revised 1-8-01 
with an explanation of the rules of play of every specific 

game s/he operates. 

7.11 Ewi~ment Rental Restrictions. Each operator of a 

gaming activity is prohibited from renting or lending 

gaming equipment to any person. 

7.12 Restrictions on Gamins Apparatus Exchange. Each 

operator is prohibited from exchanging pull-tabs, punchboards, sports pools, and twenty-one boxes (shoes). All 

other gaming equipment may be exchanged without prior 

approval. Any request for approval shall be made to the 

Tribal Commission at least 5 days prior to the exchange. 

7.13 Approval of Gamins Materials Recruired. Any 

operator who anticipates the printing, manufacture, or 

construction of any equipment for gaming activity shall 

first notify the Tribal Commission of his intention and 

shall have the finished product approved by the Tribal 

Commission before it is placed in service. 

7.14 Requisite Sale and Redemption Value. Gaming chips 

and other tokens of value shall only be sold and redeemed 

by the operator and only for full value. 

7.15 Record Maintenance Requirements. Each licensed 

gaming operation shall maintain and keep for not less than 

five (5) years permanent books of accounts and records, 

including inventory records of gaming supplies, sufficient 

to establish the gross and net income, deductions, 

expenses, receipts and disbursements of the enterprise. 

7.16 Licruor Sale Restrictions. There shall be no sale 

of liquor at any gaming site without the requisite license 

for such sale issued under the Tribe's liquor control 

ordinance. 

7.17 Form of Pavment for Chance to Plav. Consideration 

for the chance to play in any gaming activity shall only 

be cash, house token or chip, and shall be presented at 

the time the game is played. No other form of 

consideration shall be allowed unless the Tribal 

Commission gives prior written approval. 

7.18 Documentation of Winninss and Losses for Tax 

Purposes. Evidence of any win or loss incurred by a 

player must, upon request, be provided to such player in 

such form as will be acceptable to the IRS. 

7.19 Taxes, Fees and Reports Timelv Transmitted. Each 

operator shall pay all applicable taxes and fees, 

including those assessed by the National Indian Gaming 

Commission, and file all applicable reports on time. 

-37- 

Revised 1-8-01 
7.20 Response to Resulatory Inquiries. Each operator 

shall respond immediately to and obey all inquiries, 

subpoenas or orders of the Tribal Commission, the Tribal 

Council, the Tribal Court, or the National Indian Gaming 

Commission. 

7.21 Diswlav of Gamins License. Each operator shall 

prominently display at each gaming site a current, valid 

tribal gaming licence. 

7.22 Maintenance of Premises. Each operator shall, at 

all times, maintain an orderly, clean, and neat gaming 

establishment, both inside and out. 

7.23 Facilitv Security. Each operator shall provide 

adequate security to protect the public before, during and 

after any gaming activity. 

7.24 Cooperation with Law Enforcement. Each operator 

shall cooperate at all times with law enforcement 

personnel. 

7.25 Record Inspection. Each operator shall make its 

premises and books and records available for inspection 

during normal business hours by the Tribal Commission or 

their designee, and by authorized representatives of the 

National Indian Gaming Commission. 

7.26 Gamins Occasion Restrictions. No gaming shall be 

conducted on special days of observance designated by the 

Tribal Council. 

7.27 Discrimination Prohibited. No operator may 

discriminate on the basis of sex, race, color, or creed in 

the conduct of any licensed gaming activity. Employment 

preference for tribal members and other Native Americans 

shall not constitute discrimination by the operator. 

7.28 Financial Record Review. Each operator shall keep 

accurate books and records of all moneys received and paid 

out and provide authorized representatives of the National 

Indian Gaming Commission and the Tribal Commission or its 

designee with copies of or access to the same upon 

request. 

7.29 Use of Net Proceeds. All net proceeds of any 

gaming activity shall be used only in a manner prescribed 

by this Ordinance. 

7.30 Reporting Requirement Com~liance. Every operator 

shall comply with all applicable tribal and federal 

revenue reporting laws. 

-38- 

Revised 1-8-01 
7.31 Tribal Law Violation. It shall be a violation of 

the Tribe's Criminal Code to violate any provision of this 

Ordinance, any regulation of the Tribal Commission, or any 

order of the Tribal Court. 

7.32 Emplovee Misconduct. Each operator shall 

immediately suspend without pay any employee who is 

charged with an offense described in subsection 10.2 (BB) 

or any offense related to the sale, possession, 

manufacture and/or transport of illegal drugs. The 

operator shall also immediately notify the Tribal 

Commission in writing of the name of the person and the 

pending charge and advise the Tribal Commission of the 

outcome of the case. If the employee is convicted or 

pleads nolo contendere to the charge, his or her 

employment shall be terminated. An employee terminated 

under this section for a drug-related conviction may be 

rehired, provided that such person is eligible for a 

gaming license, and provided further that such person 

passes a pre-employment drug screen test, and furnishes a 

substance abuse assessment by a licensed substance abuse 

program, and demonstrates compliance with that program's 

rehabilitation/ counseling plan. 

Section 8. Gross Proceeds Tax. 

8.1 Rate. There is hereby levied upon and there shall 

be collected from all enterprises an annual tax for the 

purpose of funding the Tribal Gaming Commission equal to 

one (1) per cent of the adjusted gross proceeds thereof, 

as that term is defined in subsection 2.1 of this 

Ordinance. The tax levied by this section shall be a 

personal obligation of the taxpayer. 

8.2 Se~arate Accountinq Practices. Any enterprise which 

obtains revenue from sources other than activities 

directly related to gaming, such as the sale of food and 

beverages, shall keep books to show separately the 

transactions used to determine the tax levied in this 

section. 

8.3 Tax Due Date; Accrual, Return and Siqnature. 

(A) Duty of Enter~rise . The enterprise shall, on or 

before the fifteenth (15th) day of each month, make 

out a return for the preceding month on a form 

prescribed by the Tribe, showing the entire amount of 

adjusted gross proceeds of his gaming activities, and 

the amount of tax for which it is liable, and shall 

transmit the return signed by the Primary Management 

Official, together with payment of the amount of tax 

owed, on or before the fifteenth day of the month. If 

the return is prepared by other than said Manager, the 

-39- 

Revised 1-8-01 
return shall so state, and shall give the name and 

address of the person preparing the return, together 

with his signature and the name of his employer, if 

any. 

(B) Accrual of Tax. The tax imposed by this section 

shall accrue to the Tribe on the last day of the month 

in which the gaming activity occurred. 

8.4 Annual Periodic Reconciliations. In the event that 

the annual financial report provided by each enterprise 

indicates that the amount of adjusted gross proceeds for 

the year differs from the total of the adjusted gross 

proceeds reported monthly under sec. 8.3, the enterprise 

shall file with the Commission a reconciliation return, 

which indicates the proper amount of the adjusted gross 

proceeds, and if, additional tax is due, provide the 

correct amount together with one per cent (1%) penalty 

interest, compounded monthly, on the amount unreported or 

underreported, commencing with the month in which the 

report required by sec. 8.3 was due. 

8.5 Tax Revenue Distribution. All sums of money 

received and collected under this section shall be 

deposited by the Tribe to the credit of an Internal 

Service Fund to be used solely for the purpose of funding 

the operations of the Tribal Gaming Commission, in 

carrying out its responsibilities pursuant to this 

ordinance, the Indian Gaming Regulatory Act, and the 

Tribe's Compact with the State of Michigan, published at 

58 Fed. Reg. 63262 (Nov. 29, 1993). 

8.6 Internal Service Fund. The Fund is used to account 

for the financing of goods and services provided by one 

department or agency to other departments or agencies of 

the governmental unit, or to other governmental units, on 

a cost reimbursement basis. 

8.7 Excess of Recei~ts over Ex~enses. In the event that 

receipts exceed expenses, as determined by the annual 

audit, the Internal Service Fund will rebate such excess 

to enterprises proportionately. 

8.8 Annual Budqet. The Tribal Gaming Commission will 

prepare and submit for approval by the Executive Council 

an annual budget. 

-40- 

Revised 1-8-01 
Section 9. Operation of Tribally-Owned or Tribally- Operated Games. 

9.1 Manasement by a Primary Manaqement Official. 

(A) The Tribal Council shall appoint one person who 

shall serve as Primary Management Official at each of 

its tribally-operated gaming establishments. The 

person appointed shall undergo a background check by 

the Tribal Commission and shall obtain an employee 

gaming license before commencing work. The Tribal 

Council shall be the direct supervisor of the Primary 

Management Official. 

(B) The Primary Management Official shall be 

responsible for managing and overseeing the day-to-day 

operations of the gaming operation. S/he shall have 

such authority as the Tribal Council may delegate. 

(C) The Primary Management Official shall present a 

written monthly report to the Tribal Commission and 

the Tribal Council which details the number of patrons 

served, the amount of income generated, the numbers of 

employees working at the establishment, a detailed 

description of any patron complaints and other 

problems experienced at the establishment, also a 

written statement of any changes in key employees or 

primary management officials and all bills which are 

30 days or more past due. 

(D) Any patron's cash winnings shall be paid in cash 

or check and shall be paid within 72 hours after it is 

won. 

(E) The Primary Management Official shall propose and 

the Tribal Commission shall approve a patron's 

complaint process. Each tribally-owned and 

tribally-managed gaming establishment shall post at 

least one sign in each gaming room informing patrons 

that they may file any complaints that they have 

directly with the Tribal Commission, and advising them 

of the Tribal Commission's address and phone number. 

(F) Each tribally-owned or tribally-operated gaming 

establishment shall carry sufficient liability 

insurance to protect the public in the event of an 

accident. The Tribal Council shall determine the 

amount of liability insurance required for each gaming 

establishment. 

(G) Each tribally-owned or tribally-operated gaming 

establishment shall post the rules of play of each 

game in a conspicuous place in the establishment, and 

shall make written copies of them available to any 

member of the general public upon request. 

-41- 

Revised 1-8-01 
(H) The Primary Management Official shall be 

personally responsible for seeing that gaming activity 

is managed in accordance with tribal and federal law 

and that such gaming activity complies with all IRS 

reporting requirements. 

9.2 Use of Net Revenues of Triballv-Owned or Triballvmerated Gamins Enterprises. 

(A) All net proceeds of a tribally-owned or triballyoperated gaming enterprise shall be held in the name 

of the Tribe. Such net proceeds may only be expended 

by the Tribal Council by resolution and only for the 

following purposes: 

(1) To fund tribal government operations or 

programs. 

(2) To provide for the general welfare of the 

Tribe and its members. 

(3) To promote tribal economic development. 

(4) To donate to charitable organizations. 

(5) To help to fund operations of local government 

agencies. 

9.3 Audit Remirements . 

(A) The Tribal Commission and the Primary Management 

Official of each tribally-owned or tribally-operated 

gaming establishment shall obtain an annual outside 

audit of such gaming establishment. A copy of such 

audit shall be provided. to the Tribal Comm~ssion, the 

Tribal Council and the National Indian Gaming Commission. 

(B) Each contract for supplies, services (other than 

legal and accounting services) or concessions for a 

contract amount in excess of $25,000.00 annually shall 

be subject to an independent audit. A copy of such 

audit will be provided to the Tribal Commission, the 

Tribal Council and the National Indian Gaming 

Commission. 

9.4 Manasement Contracts. 

(A) Each management contract is subject to the prior 

approval of the National Indian Gaming Commission. 

(B) Each management contract shall be approved by the 

Council with the advice and comment of the Tribal 

Commission. Before giving final consideration to any 

-42- 

Revised 1-8-01 
proposed management contract, the Council shall direct 

the Tribal Commission to obtain the following 

information and submit it to the Council for review: 

(1) Background in£ ormation on the proposed 

management contractor including its name, its 

address, the names and addresses of each person or 

entity having a direct financial interest or 

management responsibility for the proposed 

management contractor, and in the case of a 

corporation, the names and addresses of each 

member of its board of directors and all 

stockholders who hold directly or indirectly 10 

percent or more of its issued or outstanding 

stock. 

(2) A description of any previous experience that 

each person listed in subsection 9.1 above has had 

with other gaming contracts with Indian tribes or 

with the gaming industry generally, including the 

name and address of any tribal government or 

licensing agency with whlch such person has had a 

contract relating to gaming. 

(3) A complete financial statement of each person 

listed in subsection 9.4(B) (1) above. 

(4) The Tribal Commission shall contact each of 

the tribal governments and licensing agencies in 

Subsection 9.4 (B) (2) above to determine the 

performance history of the proposed management 

contractor. 

(5) The Tribal Commission shall arrange to have 

each proposed management contractor investigated 

to learn of his personal attributes and to 

determine whether s/he has a prior criminal record 

or any pending criminal charges. 

(6) The Tribal Commission shall obtain an 

independent verification of the completed 

financial statements of each proposed management 

contractor. 

(7 ) The Commission shall undertake any additional 

steps it can to determine the character and 

reputation of each proposed management contractor. 

(8) If the Tribal Council, after reviewing the 

above described information still desires to enter 

into a management contract with the proposed 

management contractor, such management contract 

shall be placed in writing and submitted to legal 

counsel for review before the Council approves it. 

-43- 

Revised 1-8-01 
(C) Any management contract approved by the Council 

must contain at a minimum the following with respect 

to the gaming enterprise to which the contract is 

applicable: 

(1) A provision requiring a monthly financial 

accounting of the gaming enterprise's income and 

expenses, with an annual financial accounting to 

be prepared by an independent auditor who is 

acceptable to the Tribe. 

(2) A provision providing the Tribe absolute 

access to the daily operation of the gaming 

enterprise and to its books, and the Tribe's 

absolute right to verify the daily gross revenues 

of the gaming enterprise at any time. 

(3) A provision guaranteeing the Tribe a minimum 

guaranteed payment which shall always take 

precedence over the management contractor's right 

to recoup development and construction costs. 

(4) An agreed upon ceiling for the management 

contractor's development and construction costs. 

(5) A provision that the contract shall not exceed 

the term limit established by federal law. 

(6) A provision for termination of the contract 

and the grounds for termination. 

(D) If the Council is satisfied with the information 

it receives it shall submit its proposed contract 

along with all of the above described information to 

the Chairman of the National Indian Gaming Commission 

for approval. 

Section 10. Enforcement. 

10.1 Jurisdiction. Except as provided in this Ordinance 

and in any IGRA compact, the Tribal Court shall have 

jurisdiction over all violations of this Ordinance. 

10.2 Prohibited Acts. In addition to other civil and 

criminal offenses provided for in this Ordinance, the 

following acts are prohibited and subject any violator to 

the civil or criminal penalties specified herein: 

(A) Participating in any on-reservation gaming 

activity which is not authorized by this Ordinance. 

-44- 

Revised 1-8-01 
(E) Knowingly making a false statement in an 

application for employment with any operator or with 

the Tribal Commission. 

(C) Knowingly making a false statement in connection 

with any contract to participate in any gaming 

activity. 

(D) Attempting to bribe any person participating in 

any gaming activity. 

(E) Offering or accepting a loan, financing or other 

thing of value between a Tribal Commission member or 

employee and any person participating in any gaming 

activity. 

(F) Promoting or participating in any illegal gaming 

activity. 

(G) Failing to keep sufficient books and records to 

substantiate receipts, disbursements and expenses 

incurred or paid from any gaming activity authorized 

pursuant to this Ordinance. 

(H) Falsifying any books or records which relate to 

any transaction connected with any gaming activity 

pursuant to this Ordinance. 

(I) Conducting or participating in any gaming activity which in any manner results in cheating or 

misrepresentatlon, and which allows any other 

disreputable tactics which detract from the fair 

nature and equal chance of participation between 

gaming players, or which otherwise creates an 

advantage over and above the chance of such gaming 

activity which affects its outcome. 

(J) To conduct gaming activity with or to allow 

participation in gaming activity by or with an 

intoxicated or disorderly player. 

(K) To allow or participate in the sale of liquor at 

gaming sites when such sale is prohibited by tribal 

law. 

(L) To accept consideration other than money, personal 

checks or other approved consideration for the chance 

to play or participate in any gaming activity. 

(M) To use bogus or counterfeit chips or charitable 

gaming tickets, or to substitute or use any cards, 

charitable gaming tickets or gaming equipment that has 

been marked or tampered with. 

-45- 

Revised 1-8-01 
(N) To employ or possess any cheating device or to 

facilitate cheating in any gaming activity. 

(0) To willfully use any fraudulent scheme or 

technique to change the odds of any game of chance. 

(P) To solicit, directly or indirectly, or use inside 

information on the nature or status of any gaming 

activity for the benefit of an individual. 

(Q) To tamper with a gaming device, attempt to 

conspire to manipulate the outcome or the payoff of a 

gaming device, or otherwise unlawfully tamper with or 

interfere with the proper functioning of the machine. 

(R) To alter or counterfeit a gaming license. 

(S) To aid, abet, or conspire with another person 

knowingly or knowingly to cause any person to violate 

any provision of this Ordinance or any rules and 

regulations adopted thereunder. 

(T) To operate, use or make available to the public 

any illegal gaming device, apparatus, material, or 

equipment. 

(U) To sell, hold out for sale or transport into or 

out of the jurisdiction of the Tribe any illegal 

gaming device, apparatus, material, or equipment. 

(V) To assist or allow a person who is under age to 

participate in a game of chance. 

(W) To possess any illegal narcotics or controlled 

substances on any llcensed gaming site. 

(X) To steal or attempt to steal funds or other items 

of value from any gaming establishment or from the 

Tribal Commission. 

(Y) To employ any person at a licensed gaming 

establishment whom the operator knows has been 

convicted of a gaming crime or a crime of fraud. 

(Z) To conspire with or induce any person to violate 

any of the provisions of this Ordinance or any tribal 

or federal law. 

(AA) No operator or any of his employees or agents 

shall engage in any act, practice, or course of 

operation which could result in a fraud or deceit upon 

any person. 

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Revised 1-8-01 
(EB) No operator shall employ any person who has been 

convicted of or entered a plea of nolo contendere to a 

criminal offense committed in Michigan or any other 

jurisdiction, involving theft, fraud, or 

misrepresentation, which would be a felony if 

committed in Michigan, and which was committed as an 

adult or prosecuted as an adult offense, and which has 

not been effectively removed from the person's 

criminal record by executive pardon, state court 

order, or operation of law; or to a gaming crime. 

10.3 Criminal Violation. Any Indian who violates or 

fails to comply with any provision of this Ordinance, or 

who fails or neglects to comply with any order or decision 

of the Tribal Commission, shall be guilty of a crime and 

may be required to pay a fine not to exceed $5,000 or be 

incarcerated for a period not to exceed 2 years. Each day 

during which any such violation or failure to comply 

continues shall constitute a separate violation of this 

Ordinance. 

10.4 Civil Violation. Any non-tribal member who violates 

or fails to comply with any provision of this Ordinance, 

or who fails or neglects to comply with any order of 

the Tribal Commission, shall be liable for a civil fine 

not to exceed $5,000 for each violation thereof. Each day 

during which any such violation or failure to comply 

continues shall constitute a separate violation of this 

Ordinance. The amount of any such civil fine may be 

recovered in a civil action in the Tribal Court. 

10.5 Cumulative Fines. All civil fines accruing under 

this Ordinance shall be cumulative and a suit for the 

recovery of one fine shall not bar or affect the 

recovery of any other fine, or judgment, penalty, 

forfeiture or damages, nor bar the power of the Tribal 

Court to punish for contempt, nor bar any criminal 

prosecution against any officer, director, agent, or 

employee of any operator, or any other person. 

10.6 Purpose of Civil Penalties. The civil fines imposed 

under this Ordinance are intended to be remedial and not 

punitive and are designed to compensate the Tribe for the 

damage done to the peace, security, economy and general 

welfare of the Tribe and the Reservation and to compensate 

the Tribe for costs incurred by the Tribe in enforcing 

this Ordinance. The civil fines under this Ordinance are 

also intended to coerce all people into complying with 

this Ordinance and Tribal Commission regulations and not 

to punish such people for violation of such laws and 

regulations. 

Civil Action for Penalties 

.ction provisions of this 

In enforcing the civil 

Ordinance, the Tribal 

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Commission shall proceed, in the name of the Tribe, 

against a person for violation of such provision by civil 

complaint pursuant to the provisions of this Ordinance. 

The Tribal Commission in such action shall have the 

burden of showing, by the preponderance of the evidence, 

that such person violated the applicable provision of this 

Ordinance. 

10.8 Seizure of Property. All property utilized in 

violation of this Ordinance shall be subject to seizure by 

order of the Tribal Court. 

10.9 Reportins of Offenders. The Clerk of the Tribal 

Court shall, upon final conviction of any person under 

this subsection, report the name of the person convicted 

to the Tribal Commission. 

Section 1 1. Authorized Games. 

11.1 Games Playable. All games of chance which are valid 

under the law of the State of Michigan are authorized for 

licensing. 

11.2 License Rewired. A separate tribal gaming license 

shall be obtained for the operation of each of the gaming 

establishments authorized by this Section. 

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