June 28, 2018 

Via U.S. Mail and email 

SeanE. Cahill 

Assistant General Counsel 

Grand Traverse Band of Ottawa and Chippewa Indians 

2605 N. Peshawbeston, MI 49682-9275 

RE: Amendments to Grand Traverse Band Gaming Code 

Dear Mr. Cahill: 

This letter responds to your April 30, 2018 request on behalf of the Grand 

Traverse Band of Ottawa and Chippewa Indians for the National Indian Gaming 

Commission Chairman to review and approve the Band's amendments to its 

gaming ordinance. 

The amendments to the gaming ordinance and gaming regulations were 

approved by Tribal Council on January 31, 2018, and April 25, 2018. Both reflect 

comprehensive review and revisions by the Tribal Council. 

Thank you for bringing these amendments to our attention and for 

providing us a copy of the updated ordinance. The ordinance is approved as it is 

consistent with the requirements of the Indian Gaming Regulatory Act and the 

NIGC' s regulations. If you have any questions, please contact Senior Attorney 

Jennifer Lawson at (202) 632-7003. 

Sincerely, 

Jonodev 0. Chaudhuri 

Chairman 

NEW MAlllNG ADDRESS: NIGC/DEPAIUMENT OF THE INTERIOR 1849 (Street NW, Moil Stop# 1621 Washington, DC 20240 Tel: 202.632.7003 Fox: 202.632.7066 

REGIONAL OFFICES Porllond, OR; Socromenlo, CA; Phoenix, AZ; St. Po"I, MN; T ulso OK; Okla homo City, OK 

WWW.NIGC.COV 
The Grand Traverse Band of 

Ottawa and Chippewa Indians 

2605 N. West Bay Shore Drive • Peshawbestown. Ml 49682-9275 • (231) 534-7750 

Certification of Tribal Council Action 

Special Session of January 31, 2018 

I hereby certify as the Tribal Council Secretary that the foregoing 

Motion was Approved and Adopted at the Special Session of the 

Grand Traverse Band of Ottawa & Chippewa Indians Tribal Council 

Approval of Amendments to the Gaming Ordinance, 30 Day Posting 

Complete 

1. Motion made by Tribal Council Vice Chair Vargo and Supported by Tribal 

Council Member Wilson to adopt the Title 18 amendments to the Gaming 

Ordinance with the deletion in 201 (c). 

5-FOR; 0-AGAINST; 1-ABSENT (Shomin); 0-ABSTAINING 

Motion Carries 

2. Motion made by Tribal Council Treasurer Arroyo and Supported by Tribal 

Council Member Wilson to authorize submission to the National Indian Gaming 

Commission (NIGC) for approval. 

5-FOR; 0-AGAINST; 1-ABSENT (Shomin); 0-ABSTAINING 

Motion Carries 

-A. Rohl, GTB Tribal Council Secretary 

CC: Sean Cahill 

GRAND TRAVERSE CHARLEVOIX LEELANAU BENZIE MANISTEE ANTRIM 
TRIBAL COUNCIL AGENDA REQUEST 

The Grand Traverse Band of Ottawa and Chippewa Indians 

This Original agenda request must have all original materials pertaining to it attached. 

Agenda Topic/Title: Approval of Amendments to the Gaming Ordinance - 30-day posting complete 

Requested/Presented by: Sean E. Cahill. Assistant General Counsel 

If required, a/I signed documents will be returned to the above individual who is responsible to complete 

with the appropriate offices at GTB. 

X Regular Session 

Date: 01/17/18 

D Special Session 

Date: 

0 Emergency Session 

Date: --- --- Placement on Agenda: 

X Unfinished Business 

Action Requested: 

X Approval by Motion 

0 New Business 

0 Resolution Approval# _______ _ 

0 Closed Session 

0 Information Only 

DOther (please specify) 

Was a Work Session held for this Agenda Request? (dateJ _______ _ 

Do you have a past resolution: o No o Yes, (please attach) 

Do you have a past motion: o No X Yes, (please attach) 

oNo 

Rationale/Explanation: (use second sheet as needed for clarification and attach all appropriate 

materials prior to .submi$Sion to the Tribal Manager's Office. 

Purpose: At the TCSS, November 29, 2017, Tribal, a 30-day 

posting was approved by Tribal Council regarding amendments to 

the Gaming Code. These amendments are ready to send to the 

National Indian Gaming Commission. 

Outcome Requested: Motion to ( 1 ) adopt Title 18 amendments, and 

(2) authorize their submission to the NIGC. 

Signatures: 

Superviso --':::.-=:'--...-""-"'"-7~-7"":~.--'-"'-'-"'-~---­

Department Manager: -'-"'--.....,:::..._...L.L..:;._---'-"---=---

DLegallCFO review not applicable 

Date: -~1-__,<-J~-~/_? ___ _ 

Date:_~/_ .... _9_' _-_/g __ _ 

Date: __ )_-_')"----_It __ _ 

Please ensure that ALL roper and correct documents are attached prior to obtaining the TM signatures. 

Tribal Manager: ~ Date: 1-q-~' ~ Signature of T needed before this Agenda Request can be added to the TC Agenda 

Tribal Council Directive Issued: 

It is the directive of the Tribal Council that any topics that have not been included on the POSTED agenda must be broug hi to the 

attention of the Tribal Council PRIOR to the meeting. This information must be presented in written form. Please note that the 

agenda is posted one (1) week prior to Regular & Special sessions. and completed agenda items are due at ·1 O:OO a.m. to the 

Tribal Manaoer Office 9 davs before each session. Please plan accordincilv. 

rev 9107 - MP 1111 - 5111 TMO 4/12 TMO 5/12 TMO 2115 TMO 

GTB Forms\Tribal Council\ Tribal Council Agenda Request Form 
~ The Grand Traverse Band of 

;J ~ Ottawa and Chippewa Indfia D"llS 

Legal Department 

2605 N. West Bay Shore Drive • Peshawbestown, MI 49682-9275 • (231) 53~·7601 • FAX 231-534-7600 

TO: 

FROM: 

RE: 

DATE: 

Tribal Membership 

GTB Legal Department 

MEMORANDUM 

3 0-day Posting regm·ding Amendments to the Gaming Code 

December l, 201 7 

Please post the attached proposed amendments to the above referenced ordinance that was 

approved for posting by Tribal Council at a Tribal Council Special Session on November 

29, 2017. Please post the above referenced amended ordinance in an a.rea where GTB tribal 

members can review it for 30 days. This is all opport.unity for tribal members to provide 

comments, if any, about the proposed amended ordinance. \'our comments will be 

provided to Tribal Coundl prior to the adoption of this proposed amended ordinance. This 

posting will end on December 31, 2017 and can be removed at that tim~. 

Any comments regarding the above referenced should be directed to the GTB Legal Depaitrri.ent 

either by writing to the GTB Legal Department, 2605 N.W. Bayshore Dr.,, Peshawbestown, MI 

49682, or by telephone (231) 534-7601, or by e-mail, to Marv.Kellev@.!!tbindians.com. 

Posting Sites: 

Administration Building 

Accounting Department Annex 

Annex II - Human Resources :Building 

Benodjebn Child Care Center 

Clinic 

Elder's Complex 

Housing 

SBR Plant 

N arural Resources/Conservation 

Maintenance Department 

Benzie Satellite Office-via e-mail 

Charlevoix SatelHte Office - via e-mail 

Traverse City Satellite Office - via e-mail 

Strongheart Center 

LibraryfYo Building/Youth Cent~r 

Tribal Court --· · 

Attachments 

GRAN:> TRAVERSE CHARLEVOIX 

EDC Building 

Leelanau Sands Casino -

Employees/Supervisors' Break-room 

Leelanau Sands "The Lodge" -

Employees/Supervisors' Break-room 

Turtle Creek Casino - Employees/Supervisors' 

Break-room 

LEEU\f\JAU BENZIE MANISTEE ANTRIM !. 
The Grand Traverse Band of 

Ottawa and Chippewa Indians 

2606 N. VVesl Bay Shore Drive • Peshawbeslown, Ml 49682-9275 • (2~1) 534-7750 

Certification of Trfibal Counci~ Action 

Special Session of November 29, 2017 

I hereby certify as the Tribal Council Secretary that the foregoing 

Motion was Approved and Adopted at the Special Session of the 

Grand Traverse Band of Ottawa & Chippewa Indians Tribal Council 

30-day Posting for Amendments to the Gaming Code 

Motion made by Tribal Council Member Shomin and Supported by Tribal Council Vice 

Chair Vargo to post the Gaming Commission .code for 30 days. 

5-FOR; 0-AGAINST; 1-ABSENT (Rohl); 0-ABSTAINING 

Motion Carries 

CC: Sean Cahill 

GRAND TRAVERSE CHARLEVOIX LEELANAU BENZIE MANISTEE ANTRIM 
Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

§ 101. Findings; Purpose 

(a) The Tribal Council of the Grand Traverse Band of Ottawa and Chippewa Indians finds 

that gaming activity within its jurisdiction is essential to promote tribal economic 

development, self-sufficiency, and sovereignty, and that gaming activity must be control 

and regulated by the Band in a manner consistent with its best interests and with 

applicable federal law. 

(b) The Constitution of the Grand Traverse Band of Ottawa and Chippewa Indians vests in 

the Tribal Cotmcil the power to enact ordinances. Accordingly, the Tribal Council enacts 

this Gaming Ordinance to promote tribal economic development, self-sufficiency and 

sovereignty; to protect the operation of gaming enterprises from organized crime and 

other corrupting influences; and to ensure that gaming is conducted fairly and honestly by 

both the operators and players. 

§ 102. Applicability 

Unless specifically indicated otherwise, all provisions of this ordinance apply to all gaming 

activity within the Band's Indian lands. 

§ 103. Definitions 

For purposes of this Title 18 and associated regulations, certain terms and phrases will have the 

definitions assigned in this section, unless context clearly requires otherwise. Use of the word 

"will" or "shall" is mandatory; use of the word "may" is permissive. Words in the singular, or 

gendered words, are meant to be read alternatively as plural or neutral. 

(a) Class I Gaming means: 

(1) Social games played solely for prizes of minimal value; or 

(2) Traditional fonns of Indian gaming when played by individuals in connection 

with tribal ceremonies or celebrations. 

(b) Class II Gaming means: 

(1) Bingo or lotto (whether or not electronic, computer or other technologic aids are 

used) when players: 

(A) Play for prizes with cards bearing numbers or other designations; 

(B) Cover numbers or designations when objects, similarly numbered or 

designated, are drawn or electronically dete1mined; and 

(C) Win the game by being the first person to cover a designated pattern on 

such cards; 
Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

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

if played in the same location as bingo or lotto; 

(3) Non-banking card games that: 

(A) The law of the state of Michigan explicitly authorizes, or does not 

explicitly prohibit, and ru·e played legally anywhere in the state; and 

(B) Players play in conformity with state laws and regulations concerning 

hours, periods of operation and limitations on wagers and pot sizes; 

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

Washington, if: 

(A) A tribe actually operates the same card games as played on or before 

May 1, 198&, as determined by the NIGC Chair; and 

(B) The pot and wager limits remain the same as on or before May 1, 1988, 

as determined by the NI GC Chair. 

( c) Class III Gaming means all forms of gaming that are not Class I or Class IT gaming, 

including, but not limited to: 

(1) Any house banking gan1e, including, but not limited to: 

(A) Card games such as baccarat, chemin de fer, blackjack (21) and pai gow 

(if played as house banking games); and 

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

(2) Any slot machines, as defined in 15 U.S.C. § 1171(a)(1), and electronic or 

electromechanical facsimiles of any games of chance; 

(3) Any sports betting and pari~mutuel wagering, including, but not limited to, 

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

( 4) Lotteries. 

(d) Commission means the Gaming Commission established by Chapter 2 of this Title 18. 

( e) Facility License means a license issued by the Band of each place, facility or location on 

its Indian lands where it elects to allow Class II or Class III gaming. 

(f) Gaming Commission means the subordinate governmental organization established as 

the tribal regulatory authority of gaming activity in § 105 of this ordinance. 

2 
Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

(g) Gaming Operation means the economic entity established by the Band to operate 

gaming activity, receive the revenues, issue the prizes and pay the expenses. 

(h) Indian Lands means: 

(1) Land within the limits of the Band's Indian reservation; or 

(2) Land over which the Band exercises governmental power and that is either: 

(a) Held in trust by the United States for the benefit of any Indian tribe or 

individual; or 

(b) Held by an Indian tribe or an indiv:idual su~ject to restriction by the 

United States against alienation. 

(i) Key Employee means: 

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

(A) Bingo caller; 

(B) Counting room supervisor; 

(C) Chief of secmity; 

(D) Custodian of gaming supplies or cash; 

(E) Floor manager; 

(F) Pit boss; 

(G) Dealer; 

(H) Croupier; 

(I) Approver of credit; or 

(J) Custodian of gaming devices, including persons with access to cash and 

accounting records within such devices; 

(2) If not otherwise included, any other person whose total cash compensation is in 

excess of $50,000.00 per year; 

(3) If not otherwise included, the four most highly compensated individuals 

employed in the gaming operation; or 

3 
Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

(4) Any other individual designated by the Band in writing as a key employee. 

G) License means the revocable permission granted by the Gaming Commission to an 

individual or an entity to operate in a specific kind of gaming activity or related activity. 

(I) Employee License means a license issued to each primary management official 

or key employee who is employed by a gaming operation. 

(2) Facility License means a license issued to each facility, location or place where 

Class II or Class HJ gaming is conducted within the Band's jurisdiction. A 

separate license must be obtained for each facility. 

(4) Vendor License means a license issued to an individual or entity who 

provides goods or services to a gaming operation. 

(k) National Indian Gaming Commission (NJGC) means the federal body established by 25 

U.S.C. § 2704. 

(I) Net Revenue means gross gaming revenues of a gaming operation less: 

(1) Amounts paid out as, or paid for, prizes; and 

(2) Total gaming-related operating expenses, including all those expenses of the 

gaming operation commonly known as operating expenses and non-operating 

expenses consistent with professional accounting pronouncements. 

(m) Primary Management Official means any person who has the authority to hire and fire 

employees; or to set up working policy for the gaming operation; or the chief financial 

officer or other person who has financial management responsibility, or any other 

person designated by the Band in writing as a primary management official. 

(n) Tribal-State Compact means an agreement between the Band and the state about Class 

ill gaming entered into under 25 U.S.C. § 2710(d). 

§ l 04. Gaming Authorized 

Class l gaming is authorized subject to the requirements of the Gaming Commission or its 

authorized agent. 

Class II is authorized on the Band's Indian lands, provided that such gaming is conducted in 

accordance with this ordinance, the Indian Gaming Regulatory Act, the NIGC's regulations and 

any other applicable laws or regulations. 

4 
Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

Class III gaming is authorized on the Band's Indian lands, provided that such gaming is 

conducted in accordance with this ordinance, the Indian Gaming Regulatory Act, and the TribalState Compact. 

§ 105. Ownership of Gaming; Regulatory Authority; Agent for Service 

(a) The Grand Traverse Band of Ottawa and Chippewa Indians shall have the sole 

proprietary interest in and responsibility for the conduct of any gaming authorized by 

this ordinance. 

(b) The Gaming Conunission is established as a subordinate govenunental organization 

with primary regulatory authority over gaming activities) according to Chapter 2 of 

this Title 18. 

( c) The Chair of the Gaming Conunission shall be the designated agent for service of process 

for any official determination, order or notice of violation from the NIGC. Nothing about 

this provision waives the inherent sovereign immunity of the Band or the Gaming 

Conunission against suit into any jurisdiction or venue. 

§ 106. Use of Net Gaming Revenues 

Use of net revenues from tribal gaming shall be regulated by the Revenue Allocation Ordinance 

found at 18 GTBC Chapter 16. Net revenues shall only be used for the following pmposes: 

(a) To fund the Band's govenunent operations and programs; 

(b) To provide for the general welfare of the Band and its members; 

( c) To promote tribal economic development; 

(d) To donate to charitable organizations; or 

(e) To help fund operations of local non-tribal govenunent agencies. 

§ 107. Audits 

(a) The Band will ru.rnnge for independent audits of gaming operations annually and must 

submit the results of those audits to the NJGC. Such audits must conform to generally 

accepted auditing standards. 

(b) All gaming-related contracts resulting in the purchase of supplies, services or concessions 

for more than $25,000.00 in any year (except contracts for professional legal and I or 

accounting services) must be specifically included within the scope of the audit 

conducted under§ 107 (a) of this ordinance. 

5 
Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

§ 108. Environment; Patron Dispute Resolution. 

(a) Each gaming facility shall be constructed, maintained and operated in a manner that 

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

(b) Any dispute between G TB gaming enterprises and the gaming public which arises over 

the payment ofwim1ings to a member of the gaming public will be resolved according to 

the following schedule: 

(1) If the disputed win is less than two hundred dollars ($200.00), the department 

head, or designee, of that game will resolve the matter at the time of the dispute, 

and that resolution will be final. 

(2) If the disputed win is two hundred dollars ($200.00) or more, but Jess than one 

thousand dollars ($1,000.00), the gaming manager will resolve the matter within 8 

hours, and that resolution will be final. 

(3) If the disputed win is one thousand dollars ($1,000.00) or more, the Tribal 

Conunission will resolve the matter within 30 days, and that resolution will be 

final. 

(c) Nothing about this Section 108 is to be construed as creating a cause of action against the 

Band, its enterprises, agents or employees, nor is it to be construed as waiving sovereign 

inununity into any venue or jurisdiction. 

§ 109. Licenses 

(a) The Band must issue a separate facility license to each place, facility or location on 

Indian lands where Class II or Class III gaming is conducted under this ordinance. 

(b) All primary management official and key employees of a gaming operation must have a 

valid employee gaming license as a condition of hire and continued employment in a 

licensed gaming facility. 

§ 110. Application for Emp'loyee Gaming License 

(a) Application forms for employee gaming licenses must bear the following notices when 

provided to an applicant: 

(1) 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 individual to be granted a gaming license. The information will be 

used by the Tribal gaming regulatory authorities and by the National Indian 

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

performance of their official duties. The information may be disclosed by the 

6 
Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

Band or the NIGC to the appropriate federal, tribal, state, local or foreign law 

enforcement or regulatory agencies when relevant to civil, criminal or regulatory 

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

the NlGC in connection with the issuance, denial or revocation of a gaming 

license, or investigations of activities while associated with a tribe or a gaming 

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

in the Band being unable to license you for a primary management or key 

employee position. 

The disclosure of your Social Security Number is voluntary. However, failure to 

supply a SSN may result in errors in processing your application. 

(2) A false statement on any part of your license application may be grounds for 

denying a license or for the suspension or revocation of a license after it has been 

issued. You may also be punished by fine or imprisorunent pursuant to 18 U.S.C. 

§ 1001. 

(b) The application must gather, at a minimum, all of the following information: 

( 1) The full name of the applicant and any other names used, and his or her social 

security number, birth date, place of birth, citizenship, gender, driver's license 

number and all language spoken and I or written; 

(2) Current business and employment positions, any ownership interest in those 

businesses, and the address( es) and telephone number(s) of the business, and all 

" similar information for the five-year period prior to the date of application; 

(3) Current residential address, and telephone number, including cellular telephone 

numbers, and each residential address, telephone number and I or cellular 

telephone nwnber for the five-year period prior to the date of application; 

(4) 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 in paragraph (b)(3) of this section; 

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

tribes, including any ownership interests in the business( es); 

(6) A description of any existing and previous business relationships with the gaming 

industry generally, including ownership interests in the business( es); 

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

applicant has applied for a license or permit related to gaming, whether or not 

such license or pe1mit was granted; 

7 
Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

(8) Whether the applicant has ever been convicted of a felony and, if so, the charge, 

the name and address of the court involved, and the date of disposition, if any, and 

also whether the applicant is subject to ongoing prosecution for a folony; 

(9) Whether the appHcant has been convicted of a misdemeanor (excluding minor 

traffic violations) within ten years of the date of the application, and, if so, the 

charge, the name and address of the court involved and the date of disposition, if 

any, and also whether the applicant is subject to an ongoing prosecution for a 

misdemeanor; 

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

there is a conviction, if such criminal charge is within 10 years of het date of 

application and is not otherwise listed pursuant to paragraphs (b)(8) or (b)(9) 

above, the charge, the name and address of the court involved and the date of 

disposition, if any. 

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

applicant has applied for an occupational license or pellllit, whether or not such 

license or permit was granted; 

(12) A current photograph; 

( 13) Fingerprints obtained in accordance with procedures adopted by the Band 

pursuant to 25 C.F.R. § 522.2(h); and 

(14) Any other information the Band deems relevant 

(d) When a primary management official or key employee is employed by the Band, the 

complete application file, containing all of the information listed in § 110( c) above, must 

be maintained. 

§ 111. Fingerprints 

The Band must request fingerprints from each applicant for a primary management official and 

key employee. Fingerprints are to be taken by the Grand Traverse Band Tribal Police. The Tribal 

Police will forward the fingerprints to the NIGC for processing through the Federal Bureau of 

Investigation and the National Criminal Information Center to determine the applicant's criminal 

history, if any. 

§ 112. Background Investigations 

(a) The Band must perform a background investigation for each person who applies for a 

gaming employee license. The investigation must be sufficient to allow the Gaming 

Commission to make an eligibility determination under§ l 13of this ordinance. 

8 
Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

(b) The Gaming Commission must create and maintain an investigative report for each 

applicant for an employee gaming license. 

(c) Investigative reports shall include, at a minimwn, all of the following information: 

( l) Steps taken in conducting the investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

( 4) The basis for those conclusions. 

§ 113. Eligibility Determinations 

(a) Before a license is issued to an applicant, an authorized tribal official must make a 

finding concerning the eligibility of that applicant to receive a gaming license by 

reviewing the applicant's prior activities, criminal record, if any, and reputation, habits 

and associations. 

(b) If the authorized tribal official, in applying the standards adopted in this ordinance, 

determines that licensing an applicant poses a threat to the public interest or to the 

effective regulation of gaming, or creates or enhances the dangers of unsuitable, unfair or 

illegal practices, methods and I or activities in the conduct of gaming, he or she must not 

grant the applicant's application for a gaming employee license. 

( c) Copies of eligibility determinations must be included with the notice of results that are to 

be submitted to the NIGC before a gaming employee license is granted to an applicant. 

§ 114. Notice of Results of Background Investigations 

(a) Prior to issuing an employee gaming license, the Gaming Commission must prepare a 

notice of results of the applicant's background investigation. The notice of results must 

be submitted to the NIGC within sixty (60) days of the date the applicant begins 

employment with the Band. 

(b) The notice of results must include all of the following information: 

(1) The applicant's name, date of birth and social security number, if one was 

provided; 

(2) The date on which the applicant began, or intends to begin, working as a primary 

management official or key employee; 

(3) A summary of the information presented in the investigate report, include: 

9 
Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

(A) licenses that have previously been denied; 

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

(C) every known criminal charge brought against the applicant within the ten 

year period prior to the date of the application; 

(D) every felony offense of which the applicant has been convicted or 1s 

subject to an ongoing prosecution; and 

( 4) A copy of the eligibility determination made in accordance with § 113 above. 

§ 115. Granting Gaming Licenses 

(a) All primary management officials and key employees of a gaming operation must have a 

gaming license issued by the Band. 

(b) The Gaming Corrunission is responsible for granting and issuing gaming licenses to 

primary management officials and key employees. 

(c) The Gaming Commission may license a primary management official or key employee 

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

to the NIGC, as required by§ 114. 

(d) The Gaming Commission must notify the NTGC of the issuance of a license to a primary 

management official or key employee within 30 days of issuance. 

(e) A gaming operation must not employ an .individual as a primary management official or 

key employee if that individual does not have an employee gaming license within 90 days 

of beginning work at the gaming operation. 

(f) The Gaming Commission must reconsider a license application for a primary 

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

the issuance of such license from the NTGC, if those objections are received within thirty 

(30) days of the NIGC's receipt of the Commission's notice of results of the applicant's 

background investigation. The Commission must take the NIGC's objections into 

account when reconsidering a license application. 

(g) The Gaming C01runission must make the final decision whether to issue a license to an 

applicant for a primary management official or key employee position. 

(h) If the Gaming Commission issued a license to a primary management official or key 

employee prior to receiving the NIGC's statement of objections, notice and a hearing 

must be provided to the primary management official or key employee pursuant to § 11 7 

below. 

10 
Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

§ 116. Denying Gaming Licenses 

(a) The Gaming Commission must not license an applicant as a primary management official 

or key employee if an authorized tribal official dete1mines, in applying the standards in § 

113 for making a license cligibi I ity determination, that licensing the person: 

(1) Poses a threat to the public interest; 

(2) Poses a threat to the effective regulation of gaming; or 

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

and I or activities in the conduct of gaming; 

(b) When the Gaming Commission denies a license to an applicant based on subparagraph 

(a)(l )-(3) above, or revokes a previously issued license after reconsideration, it shall: 

(1) Notify the NIGC; and 

(2) Forward copies of its eligibility determination and notice of results of the 

applicant's background investigation to the NJGC for inclusion in the Indian 

Gaming Individuals Record System. 

(c) The Gaming Commission must not issue a license to a person who has been convicted of: 

or entered a plea of guilty or no contest to, any gambling-related offense, or any felony 

with an element of theft, fraud, or misrepresentation, or to a misdemeanor or other charge 

with an element of theft, fraud, or misrepresentation that would be considered a felony 

under Michigan law, provided that the conviction is based upon a charge prosecuted 

against the applicant as an adult offense and that the offense has not been effectively 

removed from the applicant's record by executive pardon, state court order, or operation 

of law. 

( d) The Gaming Commission must not issue a license to a person who has been convicted of 

any felony not described in paragraph (c) above, or of any misdemeanor within the prior 

five year period, unless that person is a member of the Grand Traverse Band of Ottawa 

and Chippewa Indians and has obtained a certificate of rehabilitation. 

(1) If a tribal member is ineligible for a gaming license under this subparagraph ( d), 

he or she may apply to the Gaming Commission for a certificate of rehabilitation. 

(2) The Gaming Commission may issue a certificate of rehabilitation to the tribal 

member upon a showing that the tribal member is not likely again to engage in 

any offensive or criminal course of conduct, and that the public good does not 

require a denial of a license to him or her. 

] 1 
Title 18. Gaming. 

Chapter 1 - Gaming Or·dinance 

( e) The Gaming Commission may deny a license to an applicant if it determines that the 

applicant participated in organized crime or unlawful gambling, or whose prior activities, 

criminal record, reputation, habits and I or associations indicate good cause for 

disqualification under Section 116(a), or indicate a threat to the conduct of gaming or the 

carrying on of business and financial arrangements incidental to the conduct of gaming. 

§ 117. Gaming License Suspensions and Revocations 

(a) If, after a license is issued to a primary management official or key employee, the Band 

receives notice from the NIGC that the primary management official or key employee is 

not eligible for licensure, the Gaming Commission shall do the following: 

(1) Immediately suspend the license; 

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

revocation; and 

(3) Provide the licensee with notice of a time and place for a hearing on the proposed 

revocation of the license. 

(b) The right to a revocation hearing vests only when a license is granted under an ordinance 

approved by the NIGC Chair. 

(c) Following a revocation hearing, the Gaming Commission must decide whether to revoke 

or reinstate the license at issue. 

( d) The Gaming Conunission must notify the NJGC of its decision to revoke or reinstate a 

license within 45 days of receiving notification from the NIGC that a primary 

management official or key employee is not eligible for licensure. 

§ 118. Records Retention 

(a) · The Gaming Conunission must retain, for not less than three years from the date that a 

primary management official or key employee separates from employment with the 

Band, all of the following documentation: 

( 1) Applications for licensing and re-licensing; 

(2) Investigative reports; 

(3) Eligibility determinations; and 

( 4) All correspondence to and from the NIGC regarding the employee. 

§ 119. Prohibited Acts Criminal Penalties 

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Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

(a) No person shall: 

(1) Operate or in any way participate in any on-reservation Class II or Class HI 

gaming activity not authorized according to this ordinance; 

(2) Knowingly make a false statement in an application for a license; 

(3) Knowingly make a false statement in connection with any contract to participate 

in gaming activity; 

(4) Bribe or attempt to bribe any person participating in any gaming activity; 

(5) Promote or participate in any illegal gaming activity; 

(6) Fail to keep sufficient books and records to substantiate receipts, disbursements 

and expenses incurred or paid from any gaming activity authorized pursuant to 

this code; 

(7) Falsify any books or records which relate to any transaction connected with any 

gaming activity conducted under this code; 

(8) Conduct or participate in any gaming activity which results in cheating or 

misrepresentation, or which allows any other disreputable tactics that detract from 

the fair nature and equal chance of participation among gaming players, or which 

otherwise creates an advantage to the actor or an associate of the actor an 

advantage over and above the regular chance of the game and which affects the 

outcome of the game; 

(9) Employ or possess any cheating device or device used in a manner to facilitate 

cheating; 

(10) Willfully use any fraudulent scheme or technique to change the odds of any game 

of chance including, but not limited to, exercising the technique of "card 

counting"; 

(9) Conduct a gaming activity with, or to allow participation in any gaming activity 

by, a visibly intoxicated or disorderly player; 

(I 0) Allow or participate in the sale of liquor or alcohol at gaming facilities in a 

manner prohibited by tribal law; 

(11) Accept or offer consideration other than money, personal checks or other 

approved consideration for the chance to play or participate in any gaming 

activity; 

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Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

(12) Use bogus or counterfeit bills, chips, or tickets, or to substitute or use any cards, 

tickets, or equipment that has been marked or tampered with; 

(13) Solicit, directly or indirectly, or use, or offer, furnish or provide inside 

infonnation on the nature or status of any gaming activity for the benefit of any 

person; 

(14) Tamper ·with a gaming devise or manipulate the outcome or payoff of a gaming 

device, or otherwise interfere with the proper functioning of any machinery or 

equipment; 

(15) Alter or counterfeit any type of gaming license, or to fraudulently lend or use any 

type of gaming license; 

(16) Operate, use or make available to the public any illegal gaming device, apparatus, 

material or equipment, or sell, hold out for sale or transport the same into or out of 

the Band's jurisdiction; 

(1 7) Possess any illegal narcotics or controlled substances at any licensed gaming 

facility; 

(18) Assist a person who is less than eighteen (18) years of age to participate in any 

gaming activity; 

(19) Steal, divert, convert or embezzle funds or other items of value from a gaming 

operation or from the Gaming Commission; 

(20) Employ a person at a licensed gaming operation whom the gaming operator 

knows or has reason to know has been convicted of a gaming crime or a crime of 

fraud; 

(21) To conspire with, aid, abet or induce another person to violate any provision of 

this code or any tribal or federal law; 

(22) Fail or refuse to comply with any lawful order or decision of the Gaming 

Commission; 

(23) Offer or accept a loan, financing or other thing of value between a Tribal 

Commission member or employee and any person participating in any gaming 

activity. 

(24) Attempt to engage in any of the conduct prohibited by this Section§ 119(a)(l) -

(23) or to engage or attempt to engage in conduct which contravenes the 

provisions of this Chapter 1. 

§ 120. Criminal Penalties 

14 
Title 18. Gaming. 

Chapter 1 - Gaming 01·dinance 

(a) An Indian person convicted of engaging in the conduct prohibited by Section l 19(a) shall 

be guilty of a misdemeanor and su~ject to a maximum fine of $5,0000.00 or 

imprisonment for up to one year; 

(b) Each day or instance, as appropriate, of conduct under Section 1l9(a) shall constitute a 

separate violation for purposes of criminal liability. 

§ 121. Civil Penalties 

(a) Any person who engages in the conduct prohibited by Section 119(a) or in contravention 

of this Chapter 1 shall be liable to the Band for a civil fine not to exceed $5,000.00 for 

each violation. The amount of such civil fine may be recovered in a civil action in the 

Tribal Court. All civil fines accruing hereunder 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 shall any such action bar the power of the Tribal 

Court to exercise its contempt powers, nor shall any such action operate as a bar to 

criminal prosecution. 

(b) The civil fines imposed under this code are intended to be remedial and not ptm..itive and 

are designed to compensate the Band for the damage done to the peace, security, 

economy and general welfare of the Band and its Indian lands, and to compensate the 

Band for costs incurred by enforcing this code. 

(c) The civil fines under this code are also intended to coerce persons into complying with 

this code and Tribal Conunission regulations and are not intended to punish such persons 

for violation of such laws and regulations. 

(d) In enforcing the civil infraction provisions of this code, the Tribal Commission shall 

proceed, in the name of the Tribe, by civil complaint pursuant to the provisions of this 

code. 

(e) The Tribal Commission in such action shall have the burden of showing, by a 

preponderance of the evidence, that such person violated the applicable provision of this 

code. 

§ 122. Referral to Tribal Prosecutm· 

The Gaming Commission must refer allegations or suspicions of criminal conduct to the Tribal 

Prosecutor's Office. Official action by the Gaming Commission, including denial, suspension, or 

revocation of a gaming license, shall not foreclose criminal or civil prosecution for charges 

arising from the same set of circwnstances or events, 

§ 123. Seizure and Forfeiture of Property 

15 
Title 18. Gaming. 

Chapter 1 - Gaming Ordinance 

All property used or gained in violation of this code shall be subject to seizure and forfeiture by 

order of the Tribal Cowt. 

§ 124. Notice to Tribal Commission 

Upon final order of the Tribal Court in any action for criminal or civil violation under this 

Section, the Clerk of the Tribal Court must notify the Gaming Commission in writing of the final 

court disposition. Notice from the Tlibal Court or any other court of a criminal conviction, plea 

of guilty or plea of no lo contendere may subject a licensee to a hearing. 

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