$

RESOLUTION NUMBER 5608-04-94 OF THE DULY ELECTED AND CERTIFIED

GOVERNING BODY OF THE TURTLE MOUNTAIN BAND OF CHIPPEWA

WHEREAS, the Turtle Mountain Band of Chippewa Indians, hereinafter

referred to as the Tribe, is an unincorporated Band of Indians

acting under a revised Constitution and By-Laws approved by

the Secretary of the Interior on June 16, 1959, and amendments

thereto approved April 26, 1962, and April 3, 1975; and

WHEREAS, Article IX(a) Section 1 of the Turtle Mountain Constitution

and By-Laws empowers the Tribal Council with the authority to

represent the Band and to negotiate with the Federal State and

local govex~nments and with private persons; and

WHEREAS, the Tribe has entered into a Compact with the State of North

Dakota authorizing Class III gaming pursuant to the Indian

Regulatory Gaming Act, 25 U.S.C. Sections 2701 et seq.;

approved by the Secretary of the Interior on December 3, 1993

as noticed in the Federal Register of that date; and

WHEREAS the Tribe heretofore has adopted a Tribal Gaming Code,

pursuant to the Tribal Constitution which grants to the Tribal

Council the authority to adopt ordinances regulating

activities which take place within the exterior boundaries of

the Turtle Mountain Band of Chippewa Indian Reservation and

pursuant to 25 U.S.C. Section 2712 which requires an Indian

tribe engaging in gaming to adopt such ordinances, and has

submitted such code for approval to the National Indian Gaming

Commission; and

WHEREAS certain amendments to that code have had to be adopted by the

Tribal Council and inserted within the present Tribal Gaming

Code in order that the Tribe be in full compliance with all

applicable statutes and regulations relating to Class II and

Class III Indian gaming pursuant to the Indian Gaming

Regulatory Act, 25 U.S.C. Sections 2701 et seq.; and

WHEREAS the Tribe desires that its code be in full compliance with the

Indian Gaming Regulatory Act and all pertinent regulations

adopted thereunder; now

WHEREAS the Tribe flOW seeks the approval of its amended Gaming Code by

the National Indian Gaming Commission pursuant to 25 U.S.C.

Section 2712 and 25 CFR Part 523; now

THEREFORE BE IT RESOLVED that the duly elected Tribal Council of the

Turtle Mountain Band of Chippewa hereby reenacts and amends

Title 27 of its Code as stated in the attached restated Gaming

Code of the Turtle Mountain Band of Chippewa, and now

THEREFORE BE IT FURTHER RESOLVED that the Turtle Mountain Band of

Chippewa specifically requests approval of its newly reenacted
Tribal Resolution No. 5608-04-94

Page2of2

and amended Tribal Gaming Code by the National Indian Gaming

Commission pursuant to the authority provided to the

Commission under 25 U.S.C. Section 2712 and regulations found

in 25 CFR Part 523 and such other statutes and regulations as

may be relevant; and now

THEREFORE BE IT FURTHER RESOLVED that the duly elected Tribal Council of

the Turtle Mountain Band of Chippewa specifically authorizes

the Gaming Inspector of the Tribal Gaming Program and the

Tribal Gaining Commission to release such information to the

National Indian Gaming Commission as may be necessary for the

Tribe to fully comply with the Indian Gaming Regulatory Act

and all applicable regulations.

CERT I FICAT ION

I, the undersigned Secretary of the Tribal Council, do hereby certify

that the Tribal Council is comprised of nine (9) members of whom five

(5) constituting a quorum were present at a meeting duly called,

convened, and held on the 19th day of April, 1994, that the foregoing

resolution was adopted by an affirmative vote of four (4) in favor, with

the Chairman not voting.

Carris LaF~o que, ecretÆry of the

Tribal Council

CO URRED:

Richard Fromboise

Tribal Chairman

This is to certify that the foregoing is a true and accurate copy of a tribal

council resolution adopted on April 19, 19

~n Peltier, Tribal Secretary
ATTACHMENT 1
*

TITLE 25

TURTLE MOUNTAIN BAND OF CHIPPEWA GAMING CODE

CHAPTER 1. TURTLE MOUNTAIN BAND OF CHIPPEWA GAMING COMMISSION

Section 25-1-1. Gaming Commission

(a) There is hereby established the Turtle Mountain Band of

Chippewa Gaming Commission (commission), which shall regulate

all activities conducted under this Title 25 (Title). The

commission shall consist of five full-time members, composed of

a chairman and four associate commissioners. Commissioners must

be members of the tribe. The chairman and associate

commissioners shall be appointed and approved by resolution of

the Tribal Council. Within 90 days of approval of this Restated

Title 25 by the Indian Gaming Commission pursuant to the Indian

Gaming Regulatory Act (IGRA), the Tribal Council shall appoint

the initial chairman to a three-year term ending in December of

1996, and the remaining members to an initial two-year term

ending in December of 1995. Thereafter, the Tribal Council

shall appoint by resolution the chairman and associate

commissioners to terms of three years.

(b) The Tribal Chairman shall conduct or cause to be

conducted an inquiry into each appointees financial stability,

integrity, and good reputation prior to appointing a member to

the commission. No individual who has been convicted of a

felony or gaming offense or who has a conflict of interest

prohibited by Section 25-1-4 shall be eligible for appointment

to or service on the commission, except that the Tribal Council

may consider a person with a felony record for appointment to

the commission provided the Council has made a written

determination that such a person is sufficiently rehabilitated

and the felony did not involve a gaming offense.

(c) Each member of the Tribal Council shall be eligible for

appointment to the commission.

(d) The chairman of the commission shall have overall

supervision and responsibility of the commission activities. It

shall be the duty of the chairman, with the concurrence of the

four associate commissioners, to establish a plan of

organization for the commission and its staff.

*

The Title Number of the Gaming Code as set forth throughout

may be changed by the Tribal Recodification Project which is

midway through a two-year effort of recodification and

reenactment of all Tribal laws. In addition, the numbering and

format of the statutes may change slightly but the text of the

statutes will remain the same as this Title is incorporated into

the recodif led laws of the Tribe.
(e) Prior to the appointment of the the Turtle Mountain

Band of Chippewa Gaming Commission pursuant to this section, the

Tribal Council shall, by separate resolution authority, serve as

an interim gaming commission. Such authority to act as the

gaming commission for the Tribe shall only expire upon

appointment of a full commission and concurrently, passage by

the Tribal Council of a separate resolution that the commission

may exercise those powers conferred upon it by this Title.

Section 25-1-2. No Waiver of Immunity

In the exercise of its powers and duties, neither the

commission nor any of its members shall waive the immunity of

the commission or of the Turtle Mountain Band of Chippewa from

suit without the expressed consent of the Tribal Council of the

Turtle Mountain Band of Chippewa.

Section 25-1-3. Bonding

Commission members and commission personnel, if any, must be

bonded in an amount of at least $10,000, which cost shall be

borne from the commission budget.

Section 251-4. Conflict of Interest

(a) No member or employee of the commission shall solicit,

accept or receive any gift, gratuity, emolument, or employment

from any person, officer, agent, or employee of a gaming entity,

supplier or contractor, or any applicant for work permit or

license subject to the provisions of this Title.

(b) No such commission member or employee shall solicit,

request from, or recommend, directly or indirectly, to any

gaming entity, supplier, contractor or appi.icant subject to this

Title, or to any officer, agent, or employee thereof, the

appointment of any person to any place or position of

employment.

(c) Every such person subject to regulation under this

Title, and every officer, agent, or employee thereof, is hereby

forbidden to offer to any member of the commission, or to any

person appointed or employed by the commission any gift,

gratuity, emolument, or employment.

(d) No member of the commission or its employees, if any,

may work for any tribal gaming entity, contractor, or supplier

during such appointment or employment or for a period of one

year after termination of their appointment to or employment

with the commission.

(e) No commission official or member of their immediate

household shall receive any payment for the purpose of obtaining

or maintaining a gaming management contract, or any license or

work permit.

2
(~) rIo commission official or member of their immediate

household and no member of the Tribal Council shall be an owner,

partner, beneficiary, shareholder, director, officer, or

employee of the entity holding the management contract for any

Turtle Mountain Band of Chippewa tribal gaming operations.

(g) No tribal member or non-member may be appointed as a

commissioner or hired as an employee of the commission while

holding any position of employment or accepting a position of

employment with any gaming enterprise or gaming supplier or

contractor; nor may any member or non-member be appointed as a

commissioner or hired as an employee of the commission while any

member of their immediate household is holding any position of

employment with any gaming supplier or contractor.

(ii) For purposes of this section immediate household is

defined as son(s), daughter(s), step-son(s) or step-daughter(s),

spouse, or spouse recognized by common law, and members living

in the same household.

Section 25-1-5. Removal of Commissioners

Commission members may be removed from their position by a

majority vote of the Tribal Council at a meeting at which a

quorum is present only for neglect of duty or other just cause,

and only if the majority of the remaining commissioners concur

in such removal; provided however, that the Tribal Council may

remove any member without recommendation from the other

commissioners in cases of criminal violation of tribal, federal

or state statutes or regulation.

Section 25-1-6. Vacancies

In the event of a vacancy occurring on the commission for

any reason, the vacancy shall be filled for the remainder of the

term by appointment of the Tribal Council. Upon expiration of

the term of the vacated commissioner position, the procedure set

forth in Section 251-1 shall apply.

Section 25-1-7. Meetings

Due to the need for ongoing oversight of gaming operations,

management and key employees, the commission shall hold meetings

at a minimum of once every 30 days. Full minutes are to be kept

and filed of all commission meetings, subject to Section 25-1-13

qualifications on confidential and proprietary information.

Special meetings may be called by the chairman or vice-chairman,

upon adequate notice to all members of the Commission.

Section 25-1-8. Quorum

Three members of the commission shall constitute a quorum,

with all matters governed by a majority vote of the quorum.

3
Section 25-1-9. Compensation

Subject to receiving funding pursuant to Section 25-1-11,

the commission shall pay members of the commission such amounts

as are normally given to Tribal members serving on other Tribal

boards and commissions. The commission shall also reimburse

members for expenses on behalf of the commissions activities.

All reimbursable expenses shall conform to prevailing tribal

government administrative procedures.

Section 25-1-10. Reports

The commission shall submit an annual report to the Tribal

Council in such form as may be specified certifying conformance

of each gaming enterprise to applicable tribal and federal law

and licensing requirements, applicable tribal-state compact

provisions, and to the commissions regulations in the conduct

of tribally operated gaming enterprises.

Section 25-1-11. Funding

(a) The commission shall annually adopt and assess a fee

upon the gross revenue of all tribally operated and other

tribally licensed gaming entities, excluding pari-mutuel

wagering, whether live or simulcast wagering, and not to exceed

one (1) per cent for the purpose of paying costs incurred in

carrying out its specific investigative oversight and

operational responsibilities. Assessments must be duly recorded

and filed fOr audit purposes. The fee assessed pursuant to this

section shall be payable quarterly and shall be in addition to

any fee(s) required to be paid by licensees to the National

Indian Gaming Commission and also in addition to any funds which

are required to be set aside pursuant to the tribal-state gaming

compact as approved by the Secretary of the Interior on December

3, 1992.

(b) No monies may be expended by the commission until a

budget has been submitted for review and approval by the Tribal

Council. All commission operating revenues and expenditures

must be reviewed by the Tribal Chairman or his designate for

conformance with standard tribal administrative financial

procedures.

(c) Any commission funding needs and expenditures beyond

one (1) per cent of gross revenues of all tribally operated

gaming enterprises and those enterprises licensed by the

commission must be submitted to the Tribal Council for review,

approval, and appropriation in amounts necessary for the

operation of the commission. Residual funds collected in excess

of expenditures shall be returned to the Tribal Council to be

deposited into the tribal general fund at the end of the tribes

fiscal year.

4
Section 25-1-12. Financial Records and Audit

The commission shall maintain accurate and complete records

of the financial affairs of the commission, and shall cause an

annual audit of the commissions financial affairs to be

conducted by a certified public accountant in accordance with

generally accepted accounting principles, consistently applied,

and shall furnish an annual budget, an annual balance sheet, and /

complete report of the commission to the Tribal Council within

three months of the close of the tribes fiscal year.

Section 25-1-13. Confidential Records

(a) The commission shall maintain a file listing all

applications for licenses and work permits under this Title and

a record of all commission actions on such applications, and

such records shall not be confidential.

(b) Confidential information shall include (1) records and

financial data acquired by the commission in carrying out its

background investigations of potential gaming entities, managers

and key employees and (2) proprietary financial data. Except as

otherwise provided herein, confidential information is

prohibited from public disclosure either by the commission or by

individual commissioners. Confidential or proprietary records,

in whole or in part, shall not be included as sections of or

attachments to commission budget documents, annual reports,

minutes or audit findings. Copies of confidential or

proprietary records may be forwarded to the National Indian

Gaming Commission upon the written request of that agency or in

compliance with the appropriate reporting requirements of this

Title, the Indian Gaming Regulatory Act and the tribal-state

compact.

Section 25-1-14. Indemnity

The commission shall indemnify, where commission funds are

available, any past, present, or future commissioner for actual

losses, expenses, costs of defense, or liabilities incurred in

connection with any claim or suit brought against the

commissioner for alleged negligence or wrongful conduct while

providing service to the commission; provided, however, that no

commissioner shall be indemnified in connection with any claim

or liability arising out of the commissioners own willful

misconduct, bad faith or conduct outside the scope of his

authorized powers or duties set forth in this title, and

provided further that this indemnity shall be limited to the

extent that insurance coverage does not adequately indemnify or

make the commissioner whole.

Section 25-1-15. Commission Staffing

(a) The commission shall adhere to standardized tribal

personnel and administrative practices in regard to any staff

5
recruitment, employment, reduction in force, promotion, training

and related employment actions to a publicly announced policy

and practice of extending preferential treatment to Indians

living on or near the Turtle Mountain Band of Chippewa

Reservation. The commission is empowered to employ non-Indians

when no qualified Indian living on or near the Turtle Mountain

Band of Chippewa Reservation can be recruited, trained or

upgraded to fill the given hiring need of the commission.

(b) The commission shall hire a general counsel and other

persons as necessary for purposes of consultation,

investigations, or operational support of the commission and

shall compensate such persons at amounts within funding or

budgets approved by the Tribal Council.

(c) The commission may contract for the technical expertise

of outside consultants in carrying out its authorized functions;

provided such contracting conforms to standard tribal

contracting administrative procedures.

Section 25-1-16. Commissions Powers and Duties

The Turtle Mountain Band of Chippewa Gaming Commission will

have the following powers and duties with respect to gaming on

tribal trust lands:

(a) To act in accordance with Sections 25-2-07, 25-2-08 and

Section 25-3-05 and all relevant provisions of the

Tribal State Gaming Compact referred to in Section 25-3-

02 to issue, re-issue, or decline to issue, suspend, or

revoke gaming licenses to management contractors, gaming

entities, primary officials and employees and gaming

operations.

(b) To conduct background investigations and continuing

oversight of any or all of the officials and key

employees of the gaming entity or contractor, and to

make known the results of those investigations to the

Tribal Council and the National Indian Gaming Commission

prior to the issuance of any Class II or Class III

license;

(c) To preclude employment by Class II or Class III gaming

enterprises of any person meeting the standards

established in Section 25-2-07(d), Section 25305 or

Section 25-3-06 or any other applicable provision of the

Indian Gaming Regulatory Act, 25 U.S.C. Sections 2701 et

seq., or the Tribal-State Gaming Compact referred to in

Section 25-3-02;

(d) To cause to be held annual audits of Class II and Class

III gaming operations and to submit those audits to the

National Indian Gaming Commission, and to submit those

audits, with recommendations, to the Tribal Council;

6
(e) To inspect Class II and Class 111 gaming activities at

any time with or without notice to the entity holding

the management contract or other licensee, including

tribally operated gaming activities;

(f) To monitor compliance of the tribe and any management

contractor and licensees and permittees with provisions

of any applicable management contract, Class II and

Class III regulations promulgated by the commission, the

Tribal-State Gaming Compact referred to in Section 25-3--

02 and any other applicable federal and tribal laws;

(g) With the exception of the removal of key employees,

including management employees, or any decision relating

to the possible termination of a management contract,

upon discovering any situation within any tribally

licensed or within any tribally operated Class II or

Class III gaming activity which violates the provisions

of this Title, regulations adopted pursuant to it, the

Tribal-State Gaming Compact referred to in Section 25-3-

02, applicable state or Federal law, or the management

policies and procedures established for the proper

operation of a tribally operated gaming enterprise, the

commission may take such corrective actions as may be

necessary without Tribal Council approval.

(h) The power to approve all expenditures of any tribally

operated Class II or Class III gaming enterprises,

provided such expenditures are within such budget for

the enterprise as may have been approved by the Tribal

Council.

(1) To collect or cause to be collected and paid to the

National Indian Gaming Commission fees levied on gross

Class II gaming revenues pursuant to the Indian Gaming

Regulatory Act; and

(j) The commission may hold hearings, take testimony,

receive evidence, and administer oaths or affirmations

to witnesses appearing before the commission on any

disputed matter brought before the Commission in which

the Commissions action is final, in accordance with

procedural rules to be adopted by the commission.

(k) To exercise such other powers and responsibilities as

are delegated to it by the Tribal Council.

The powers enumerated above are not meant to limit in any

way the commissions general authority to regulate activities

under this Title as stated in Section 25-1-1 of this Title.

7
Section 25-1-17. Specific Authority with Respect to Licenses;

Enforcement Powers

(a) The commission shall exercise its gaming oversight and

shall issue, renew or disapprove any application, or limit,

suspend or revoke gaming licenses and work permits on an annual

basis and in accordance with the procedures set forth in

Sections 25-2-07 and 25-3-05. Any license or work permit

granted under this Title is a revocable privilege, and no

licensee or permittee holds any vested right to such license.

(b) The commission is authorized to carry out

investigations of all prospective and existing gaming licensees,

to initiate hearings and to conduct or cause to be conducted

announced or unannounced inspections of all gaming premises in

order to ensure compliance with tribal and federal law. All

licensees are obligated to comply immediately to such commission

requests for information and review of all licensee papers,

books and records, or inspection of premises on an announced or

unannounced basis.

(c) In connection with the issuance or denial of any

license, the commission may hold hearings, take testimony,

receive evidence, and administer oaths or affirmations to

witnesses appearing before the commission in accordance with

procedural rules to be adopted by the commission.

(d) The commission, within three months from the date of

its appointment by the Council and assumption of duties as

authorized by Tribal resolution pursuant to Section 25-1-01,

shall submit to the Tribal Council proposed regulations setting

forth civil fines, penalties, license or work permit suspensions

or revocations that may be imposed by the Commission against a

licensee or other gaming employee for any violation of this

Title 25 or regulations adopted pursuant to this Title. Without

limiting the foregoing, such regulations shall not restrict the

Tribal Council or the Tribal Chairman from exercising

contractual rights to terminate any gaming management contract

or exercise other contractual remedies due to default or breach

of the management contract by the management contractor.

Ce) The commission shall, when its investigations of gaming

indicate a violation of federal or tribal laws or regulations,

provide information of indicated violations to appropriate law

enforcement officials. It is hereby recognized that theft from

gaming establishments on Indian lands and thefts by officers or

employees of such gaming establishments are punishable by

substantial fines and imprisonments pursuant to 25 U.S.C.

Sections 1167 and 1168, and that tribal operators and management

contractors may be separately fined up to $25,000 per violation

of this Title or the Indian Gaming Regulatory Act by the

chairman of the National Indian Gaming Commission.

-8
Section 25-1-18. Hours and Rules

The Turtle Mountain Band of Chippewa Gaming Commission shall

regulate compliance with the hours and rules specified in such

regulations as may be issued by the commission for Class II and

Class III gaming activities; but shall not restrict gaming hours

to less than the specified time frame in any gaming management

contract. Each Class II and Class III gaming facility must

conspicuously display notice of hours and rules of play.

Section 25-1-19. Minors Prohibited

No one under the age of 18 years may be permitted on the

premises of a tribal Class II or Class III gaming facility.

Section 25-1-20. Complaints

(a) Notice of warning regarding the improper conduct set

out in subparagraph (b) of this Section or other gaming rules

established by regulation adopted by the Tribal Gaming

Commission shall be posted at the entrance of each gaming

establishment and/or given to the customer upon entering the

premises.

(b) The following improper conduct shall result in ejection

of a customer from any gaming establishment:

1. Cheating;

2. Possession of weapons in the gaming establishment;

3. Possession of alcohol that has been brought by a

customer into the gaming establishment;

4. Possession of a controlled substance in the gaming

establishment;

5. Disorderly conduct including the willful, or want

disregard for the rights of others; and

6. Any other act which is disruptive of the gaming

operation.

(c) Failure by a customer to provide proof of age when

requested by security or gaming operation personnel shall result

in ejection of the customer from the premises.

(d) If necessary, ejection of a customer from the premises

shall be accomplished by Turtle Mountain Agency Law Enforcement

personnel, upon request of the gaming operation.

(e) Any gaming participant wishing to contest any action of

an employee of any casino relating to the play of any game of

chance conducted by the Turtle Mountain Band of Chippewa under

the authority of this Gaming Code must submit a complaint in

writing to the Turtle Mountain Band of Chippewa Gaming

Commission within ten days of the contested action.

The Commission shall respond in writing to the complaint

within seven business days following the filing of the

9
couiplaint. Sücn response shall indicate either a disposition of

the complaint, or indicate that the Commission has elected to

further investigate the complaint. The Commission, by majority

vote, may determine to hold hearings, conduct an investigation,

dismiss or affirm the complaint and order appropriate remedial

actions or decide to pursue civil or criminal penalties against

the gaming operation or gaming official or employee against whom

the complaint was brought.

Such written complaint may be filed with the chief security

officer on duty at the time of the complaint who will duly log

the name, address and telephone number of the person filing the

complaint, date and time the complaint was filed, and forward it

to the Gaming Commission no later than the next business day.

The complaint may also be filed by mailing the written complaint

to Turtle Mountain Gaming Commission, P.O. Box 900, Belcourt, ND

58316. Filing is complete upon receipt of the complaint by the

Gaming Commission at the above address.

Section 25-1-21. Violations

Notwithstanding anything to the contrary in any other Title

of the Tribal Code, any person found in violation of any

provisions of this Chapter, or any rule or regulation authorized

hereunder, shall be guilty of a Class 4 offense pursuant to the

Tribal Code and subject to the highest penalty which the Tribal

Court may lawfully enforce.

Section 25-1-22. ~Jurisdiction

The Turtle Mountain Band of Chippewas courts shall have

jurisdiction over all violations of this Title and over all

persons who are parties to a management contract entered

pursuant hereto, except where otherwise provided by federal

statute, where arbitration is provided for by contract or where

otherwise provided by express agreement of the parties pursuant

to a management contract, and may grant relief as is necessary

and proper for the enforcement of this Title and of the

provisions of any management contract entered pursuant thereto,

including but not limited to injunctive relief against acts in

violation thereof. Nothing, however, in this Title shall be

construed to authorize or require the criminal trial and

punishment in tribal courts of nonIndians except to the extent

allowed by any applicable present or future act of Congress or

any applicable federal court decision.

Section 25-1-23. Authority to Adopt, Amend, Repeal

Regulations

The commission shall, from time to time, adopt, amend or

repeal such regulations consistent with this Title and other

Tribal law as it may deem necessary or desirable, subject to

review and approval by the Tribal Council.

10
Section 25-1-24. Amendments

Amendments to this Title may be proposed by the

commissioners in the form of a revised ordinance, a copy of

which must be served by mail on the Tribal Council at least two

weeks in advance of the Tribal Council meeting at which it is to

be introduced. An amended ordinance thereafter adopted by the

Tribal Council shall become effective upon passage.

CHAPTER 2. CLASS II GAMING

Section 25-2-01. Purpose

The Tribal Council (hereinafter Tribe), empowered by the

Tribal Constitution to enact ordinances, hereby enacts this

Chapter of its Gaming Code in order to set the terms for class

It gaming operations on tribal lands.

Section 25-2-02. Gaming Authorized

Class II gaming as defined in the Indian Gaming Regulatory

Act, P.L. 100-447, 25 U.S.C. Section 2703(7)(A) (IGRA) and by

the regulations promulgated by the National Indian Gaming

Commission at 25 C.F.R. Section 502.3 (as published in the

Federal Register at 57 FR 1238212393, April 9, 1992) is hereby

authorized.

Section 25-2-03. Ownership of Gaming

The Tribe shall have the sole propriety interest in and

responsibility for the conduct of any gaming operation

authorized by this Chapter.

Section 25-2-04. Use of Gaming Revenue

(a) Net revenues from class II gaming shall be used only

for the following purposes: to fund 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 fund operations of

local government agencies.

(b) If the Tribe elects to make per capital 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. Section 2710(b)(3).

Section 25-2-05. Gaming Operations Audit

(a) The Tribe shall cause to be conducted annually an

independent audit of gaming operations and shall submit the

resulting audit reports to the National Indian Gaming

Commission.

11
(b) All gaming related contracts that result in the

purchase of supplies, services, or concessions in excess of

$25,000.00 annually, except contracts for professional legal and

accounting services, shall be specifically included within the

scope of the audit that is described in subsection (a), above.

Section 25-2-06. Protection of the Environment and Public

Health and Safety

Class II gaming facilities shall be constructed, maintained

and operated in a manner that adequately protects the

environment and the public health and safety.

Section 25-2-07. Licenses for Key Employees and Primary

Management Officials

The Tribe 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

II gaming enterprise operated on Indian lands:

(a) Definitions 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:

Bingo caller;

Counting room supervisor;

Chief of security;

Custodian of gaming supplies or cash;

Floor manager;

Pit boss;

Dealer;

Croupier;

Approver of credit; or

Custodian of gambling devices,

persons with access to cash and

records within such devices;

(B) If not otherwise included, any other person whose

total cash compensation is in excess of $30,000 per

year; or

(C) If not otherwise included, the four most highly

compensated persons in the gaming operation.

2. Primary management official means

(A) The person having management responsibility for a

management contract;

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10) including

accounting

12
(B) Any person who has authority:

(1) To hire and fire employees; or

(2) To set up working policy for the gaming

operation; or

(3) The chief financial officer or other person who

has financial management responsibility.

(b) Application Forms

1. The following notice shall be placed on the application

form for a key employee or a primary management official

before that form is filled out by an applicant:

In compliance with the Privacy Act of 1974, the

following information is provided: Solicitation of the

information on this form is authorized by 25 U.S.C. 2701

et seq. The purpose of the requested information is to

determine the eligibility of individuals to be employed

in a gaming operation. The information will be used by

National Indian Gaming Commission members and 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 the hiring or firing of an employee, the

issuance or revocation of a gaming license, or

investigations of activities while associated with a

tribe or a gaming operation. Failure to consent to the

disclosures indicated in this notice will result in a

tribes being unable to hire you in a primary management

official or key employee position.

The disclosure of your Social Security Number (SSN) is

voluntary. However, failure to supply a SSN may result

in errors in processing your application.

2. Existing key employees and primary management officials

shall be notified in writing that they shall either:

(A) Complete a new application form 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 official before

that form is filled out by an applicant.

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A false statement on any part of your application may be

grounds for not hiring you, or for firing you after you

begin work. Also, you may be punished by fine or

imprisonment, pursuant to U.S. Code, title 18, section

1001.

4. The Tribe shall notify in writing existing key employees

and primary management officials that they shall either:

(A) Complete a new application form that contains a

notice regarding false statements; or

(B) Sign a statement that contains the notice regarding

false statements.

(c) Background Investigations

1. The Tribe shall request from each primary management

official and from each key employee all of the following

information:

(A) Full name, other names used (oral or written),

social security number (s), birth date, place of

birth, citizenship, gender, all languages (spoken or

written);

(B) Currently and for the previous 5 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 (l)(b) of this section;

(D) 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 interests 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; -

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(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

violations), within 10 years of the date of the

application, the name and address of 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 (l)(h) or (l)(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. Section 522.2(h).

2. The Tribe shall conduct an investigation sufficient to

make a determination under subsection (d) below. 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.

(ci) Eligibility Determination The Tribe shall review a

persons 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.

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(e) Procedures for Forwarding Applications and Reports for

Key Employees and Primary Management Officials to the National

Indian Gaming Commission

1. When a key employee or primary management official

begins work at a gaming operation authorized by this

ordinance, the Tribe shall forward to the National

Indian Gaming Commission a completed application for

employment and conduct the background investigation and

make the determination referred to in subsection (d) of

this section.

2. The Tribe shall forward the report referred to in

subsection (f) of this section to the National Indian

Gaming Commission within 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.

(f) Report to the National Indian Gaming Commission

1. Pursuant to the procedures set out in subsection (e) of

this section, the Tribe shall prepare and 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 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:

(A) Shall notify the National Indian Gaming Commission;

and

(B) May forward copies of its eligibility determination

and investigative report (if any) to the National

Indian Gaming Commission for inclusion in the Indian

Gaming Individuals Records System.

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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) Granting a Gaming License

1. 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 may issue a license

to such applicant.

2. The Tribe shall respond to a request for additional

information from the Chairman of the National Indian

Gaming Commission concerning a key employee or a primary

management official who is the subject of a report.

Such a request shall suspend the 30-day period under

paragraph (g)l. of this section until the Chairman of

the National Indian Gaming Commission receives the

additional information.

3. 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

and investigative report to the National Indian Gaming

Commission, the Tribe shall reconsider the application,

taking into account the objections itemized by the

National Indian Gaming Commission. The Tribe shall make

the final decision whether to issue a license to such

applicant.

(h) License Suspension

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 shall

suspend such license and shall notify in writing the

licensee of the suspension and the proposed revocation.

2. The Tribe shall notify the licensee of a time and a

place for a hearing on the proposed revocation of a

license.

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3. After a revocation hearing, the Tribe shall decide to

revoke: or to reinstate a gaming license. The Tribe

shall notify the National Indian Gaming Commission of

its decision.

Section 25-2-08. License Locations

The Tribe shall issue a separate license to each place,

facility, or location on Indian lands where class II gaming is

conducted under this ordinance.

Section 25-2-09. Conduct of Class II Games of Chance

Until such time as additional regulations are deemed

necessary, the conduct of all Class II games shall be governed

by those applicable provisions of the previous Gaming Code in

force which are adopted herein by reference.

Section 25-2-10. Repeal

To the extent that they are inconsistent with the provisions

of this Chapter, all prior gaming ordinances are hereby

repealed.

CHAPTER 3. CLASS III (CASINO-TYPE) GAMING

Section 253-01. Purpose

The Tribal Council (hereinafter Tribe), empowered by the

Tribal Constitution to enact ordinances, hereby enacts this

Chapter of its Gaming Code in order to set the terms f or class

III gaming operations on tribal lands.

Section 25-3-02. Incorporation of Tribal-State Compact; Games

Authorized

The conduct of all Class III gaming activities as defined in

the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. Section

2703(8), on tribal lands within the tribes jurisdiction shall

be governed by the Tribal-State Gaming Compact as duly executed

by authorized tribal and state officials and approved by the

Department of the Interior according to the Indian Gaming

Regulatory Act on December 3, 1992. The provisions of such

Tribal-State Gaming Compact shall be incorporated hereby in the

Turtle Mountain Band of Chippewa Tribal Code. Only those games

of chance as are authorized by the Tribal-State Gaming Compact

approved as mentioned above are permitted to be conducted by the

Turtle Mountain Band of Chippewa.

Section 25-3-03. Ownership of Gaming

The Tribe shall have the sole propriety interest in and

responsibility for the conduct of any gaming operation

authorized by this Chapter.

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Section 25-3-04. Use of Gaming Revenue

(a) Net revenues from class III gaming shall be used only

for the following purposes: to fund 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 fund operations of

local government agencies. The use of such net revenues may be

further subject to the restrictions set forth in Section VII of

the Tribal-State Gaming Compact as mentioned in Section 25-3-02

above.

(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. Section 2710(b)(3).

Section 25-3-05. Applicability of Sections in Chapter 2 of this

Title

The requirements and statements of the following sections of

Chapter 25-2 of this Title shall be applicable to all gaming

conducted under this Chapter: Sections 25-2-05, 25-2-06, 25-2-

07, 25208, 25210.

Section 25-3-96. Additional Compact Requirements for Class III

Employment Licenses

The Tribe shall comply with all such requirements of

licensing of Class III gaming employments requirements set forth

in Sections VIII, IX and X of the Tribal-State Gaming Compact

referred to in Section 25-3-02 as are additional to, or more

restrictive than, the licensing requirements set forth in

Sections 25-2-07 and 253-05.

Section 25-3-07. Conduct of Class III Games of Chance

Until such time as additional regulations are deemed

necessary by the Tribal Gaming Commission, the conduct of all

Class III games shall be governed by those applicable provisions

of the Tribal-State Gaming Compact referred to in Section 25-3-

02.

Section 25-3-08 Compliance with Terms of Tribal-State Gaming

Compact

In the conduct and operation of any Class III gaming

facilities, the Tribe shall comply with all terms of the Tribal

State Gaming Compact referred to in Section 25-3-02 and the

Indian Gaming Regulatory Act, 25 U.S.C. Section 2701 et seq.

(IGRA). To the extent any provisions of this Title are

inconsistent with the provisions of the Tribal State Gaming

Compact or the IGRA, the provisions of the Tribal State Gaming

Compact or IGRA will apply.

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Authorized Games.

Bingo in All Forms. The Tribe hereby authorizes the licensing of and provides

basic rules for the operation of the game commonly known as bingo including, but not limited

to, all other forms of bingo approved by the Commission such as instant bingo, lucky six, tele

bingo.

(A) License Required. Any person who desires to conduct any form of the game

of bingo for prizes exceeding a value of $2.00 each shall obtain a Class II Tribal Gaming

License.

(B) No Ceiling On Prizes For Tribally-Operated and Tribally-Managed Bingo

Games. No ceiling shall be imposes upon any tribally-operated or tribally-managed bingo game

with regard to the cash value of any prize or the value of any merchandise that may be awarded

to any winner. A tribal high stakes bingo game is hereby authorized pursuant to rules approved

by the Commission.

(C) Ceiling on Prizes for Tribal Social or Charitable Bingo Games. The

Commission shall approve a ceiling upon the cash value of any prize or the value of any

merchandise that may be awarded to any winner in any winner in any bingo game operated by

a tribal social or charitable organization.

(D) Ceiling on Prizes for Class H Private Bingo Games. The specific restriction of

a bingo operation include, but are not limited to the following:

(1) Each operator shall charge all players a uniform amount for the bingo cards

to be used in each such game.

(2) The rate to be charged each player for a bingo card shall be fixed by each

operator and posted conspicuously on the premises of each gaming

establishment. No person shall be allowed to play in any bingo game

without first paying the uniform charge.

(3) Each person who pays to play in a bingo game shall be given a bingo card

which shall be numbered and readily identifiable as belonging to the

operator of the gaming establishment for use during a particular game.

(4) The prizes which may be won by a player in each bingo game shall be

clearly made known to all players prior to the sale of any bingo card for

such sale.

(5) An example of all winning patterns shall be provided to each player in any

bingo game or otherwise displayed in a conspicuous place in the room in

which such game is to be played.

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(6) A bingo card shall only be sold and paid for within the two-hour period

immediately before the days gaming begins. Any other advanced sales of

bingo packages shall require the advanced approval of the Commission.

Unless other arrangements are approved in advance by the Commission,

each sale of a bingo card shall take place upon the premises on which the

game is to be played.

(7) No license shall allow any manager or employee to play in a bingo game

while on duty. No licensee shall allow any person who, without payment,

assists in the operation of any bingo game conducted by the licensee, to

play in any bingo game conducted by such licensee within 24 hours of the

time such assistance was provided.

(8) Each bingo prize shall be won by a player who matches the letters and

numbers on the bingo card with letters and numbers called by the

competition with other paying players.

(9) Each numbered ball, or other device, used in or for the selection of numbers

to be called in play hail be of the same weight as each such other ball or

device used for such purpose in such game. Immediately following the

calling of each number, the caller shall display to the players that portion

of the bail or other device used to determine which number is chosen so

that each player may know the the proper number has been called out.

(10) Any licensee who fails to return any money paid by a patron to play in a

canceled bingo game, or who fails to provide the advertised prize, shall be

subject to civil suit to collect only the amount owed plus court fees. No

damage suits shall be authorized.

Pull-tabs, Punch boards, and Tip Jars. The Tribe hereby authorized the licensing of and

provides basic rules for the operation of the games commonly known as pull-tabs or punchboards

or tip jars.

(A) License Required. Any person who desires to sell pull-tabs, operate punchboards

or tip jars shall obtain a Class H tribal gaming license.

(B) Specific Restriction on a Pull-tab, Punchboards or Tip Jar Operation. Specific

restrictions on a pull-tab, punchboard, or tip jar operation include, but are not limited to the

following:

(1) Each licensee is prohibited from printing, manufacturing or constructing

pull-tab equipment or materials.

(2)Unless all of the highest denomination of winners have been sold, or unless

otherwise permitted by Commission regulation, a licensee engaged in the

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selling of chances from jars of pull-tab or punchboards shall not discard

any remaining pull-tabs or punchboards once the contents of that jar of

pull-tabs or punchboards once the contents of that jar of pull-tabs or

punchboards are offered for sale to players.

(3) The maximum price per pull-tab or punchboard chance shall not exceed

$25.00.

(4) Each pull-tab and punchboard shall be numbered and shall display the

winning combinations. Winning combinations shall also be posted near the

place where pull-tabs or punchboards are sold

(5) The amount won by the holder of any winning pull-tab or punchboard shall

be paid upon demand and shall only be paid out by the licensee at its

licensed establishment.

(C) No Ceiling on Prizes for Tribally-Owned or Tribally-Managed Gaming. No

prize ceiling shall be imposed upon any tribally-owned or tribally-managed pull-tab, punchboard

or tip jar operation with regard to the cash value of any prize or the value of any merchandise

that may be awarded to a winner.

(D) Ceiling on Prizes for Tribal Social or Charitable Pull-Tab, Punchboard or Tip

Jar Operation. The Commission shall approve a ceiling upon the cash value of any prize or the

value of any merchandise that may be awarded to any winner in any pull-tab, punchboard or tip

jar operation by a tribal social or charitable organization.

(E) Ceiling on Prizes for the Tribal Social or Charitable Pull-Tab, Punchboard

or Tip Jar Operation. No tribal social or charitable pull-tab, punchboard or tip jar operation

shall award prizes whose cash value exceeds that allowed by state law.

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