Jeffrey D. Parker 

Chairman 

Bay Mills Indian Community 

Route 1, Box 313 

Brimley, MI 49715 

Dear Chairman Parker: 

This letter responds to your request to review and approve / 

the amendment to the tribal gaming ordinance of the Bay Mills I 

Indian Community (Tribe). The amendment to the ordinance was 

adopted by the Tribe by Resolution No. 96-3-43, on March 4, 1996 

This letter constitutes such approval under the Indian Gaming 

Regulatory Act (IGRA) . 

Under the IGRA and the regulations of the National Indian 

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

amendments to ordinances with respect to the requirements of the 

IGRA and the implementing regulations. Thus, the scope of the 

Chairman's review and approval is limited to the requirements of 

the IGRA and the NIGC regulations. 

Thank you for submitting the amendment to the tribal gaming' 

ordinance of the Bay Mills Indian Community. The NIGC staff and 

I continue to look forward to working with you and the Tribe in 

implementing the IGRA. 

Sincerely yours, 

Harold A. Monteau 

Chairman 

cc: Kathryn L. Tierney, Esq. 
BAY MILLS INDIAN COMMUNITY 

RURAL ROUTE NO. 1 

BRIMLEY, MtCHlGAN 49715 

RESOLUTION 

Resolution No. 96-3-4 E 

WHEREAS : The Bay Mills Indian Community is a federally 

recognized Indian tribe with a Constitution 

enacted pursuant to the Indian Reorganization 

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

WHEREAS : The Tribe regulates gaming on its Reservation 

under a compact with the State of Michigan and 

under its Gaming Ordinance, and 

WHEREAS : The power of the Gaming Commission requires 

clearer definition in the Gaming Ordinance. 

NOW, THEREFORE BE IT RESOLVED, that the Executive Council 

of the Bay Mills Indian Community hereby 

adopts the following amendments to the Gaming 

Ordinance, which underlines additions and 

strikes out deletions: 

6.8 Suspension - or Termination of Employees; 

License. 

(A) Grounds for Suspension or Termination. 

The Tribal Commission may suspend or terminate 

the license of any employee, after notice .... 

6.9 Tem~orarv Suspension of Employee License. 

APPROVED : ATTEST : 

Indian Community 

Executive Council 
Resolution No. 96-3-4E 

WR 2 1 /;;. 

CERTIFICATION 

I, the undersigned, as Secretary of the Bay Mills 

Indian Community, do hereby certify that the above 

resolution was adopted and approved at a meeting of the 

Executive Council held at Bay Mills, Michigan, on the 4th 

day of March, 1996, with a vote of 3 for, Z opposed, 

_(r absent, and abstaining. As per provmons of the 

Bay Mills Constitution, the President must abstain e cept 

in the event of a tie. 4 

Bay ~iils 1n&an ~omm*nity 

Executive Council 
Section 6 . 6.1 

Types of Licenses .......................... 23 

Application Procedures ..................... 23 

Threshold Criteria Which a Potential Operator 

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

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

License Tax ................................ 25 

Terms of License ........................... 25 

Posting of Licenses ........................ 25 

Gaming License Renewals .................... 25 

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

Closure of a Tribal Licensed Gaming Activity ? 1 

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

Current and Valid Gaming Employee License 

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

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

Review Procedure ........................... 31 

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

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

Renewals ................................... 32 

Requirement to Produce License Upon Request.32 

Suspension or Termination of Employee Licenses . . ............................................ 32 

Temporary Suspension of Employee Gaming 

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

Section 7 . Provisions of General Applicability to All 

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

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

7.2 Site and Operator Specified ................ 35 

7.3 License Not Assignable ..................... 35 

7.4 Employee Licenses Required ................. 35 

7.5 Eligible Licensees ......................... 35 

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

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

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

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

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

7.11 Equipment Rental Restrictions .............. 36 

7.12 Restrictions on Gaming Apparatus Exchange .. 36 

7.13 Approval of Gaming Materials Required ....... 36 

7.14 Requisite Sale and Redemption Value ........ 36 

7.15 Record Maintenance Requirements ............ 36 

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

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

7.18 Documentation of Winnings and Losses for 

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

7.19 Taxes, Fees and Reports Timely Transmitted .. 37 

7.20 Response to Regulatory Inquiries ........... 37 

7.21 Display of Gaming License .................. 37 

7.22 Maintenance of Premises ................... 37 

7.23 Facility Security .......................... 37 

7.24 Cooperation with Law Enforcement ........... 37 
7.25 Record Inspection .......................... 37 

7.26 Gaming Occasion Restrictions ............... 38 

7.27 ~iscrimination Prohibited .................. 38 

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

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

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

7.31 Tribal Law Violation ....................... 38 

7.32 Employee Misconduct ........................ 38 

Section 8 . 8.1 

8.2 

8.3 

Gross Proceeds Tax ........................ 38 

Rate ...................................... 38 

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

Tax Due Date; Accrual, Return and 

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

Annual Periodic Reconciliations ........... 39 

Tax Revenue Distribution .................. 39 

Internal Service Fund ..................... 39 

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

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

Section 9 . Operation of Tribally-Owned or TriballyOperated Games ............................ 40 

9.1 Management by a Primary Management 

Official .................................. 40 

9.2 Use of Net Revenues of Tribally-Owned or 

Tribally- Operated Gaming Enterprises ..... 41 

9.3 Audit Requirements ........................ 41 

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

Section 10 . 10.1 

10.2 

10.3 

10.4 

10.5 

10.6 

10.7 

10.8 

10.9 

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

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

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

Criminal Violation ......................... 46 

Civil Violation ............................ 46 

Cumulative Fines ........................... 46 

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

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

Seizure of Property ........................ 47 

Reporting of Offenders ..................... 47 

Section 11 . Authorized Games .......................... 47 

11.1 Games Playable ............................. 47 

11.2 License Required ........................... 47 
that the applicant's information has been reviewed and 

there exists no barrier to employment. The applicant 

shall be notified in writing of the Commission's 

decision. If the Commission votes to deny a license, 

it shall include within this notification the specific 

reasons for its decision. 

(B) A copy of the application, the results of the 

background checks performed and the Tribal 

Commission's findings and decision shall be forwarded 

to the National Indian Gaming Regulatory Commission 

before a license is issued. 

(C) All applications, background checks and Commission 

decisions shall be retained in the Commission files 

for a period of at least ten (10) years. 

6.4 Scope of License. 

(A) Any employee gaming licenses issued pursuant to 

this section shall be effective for only the location, 

job and employer contained in the application. 

(B) Any licensed employee shall apply to have his 

license transferred to a new location by requesting 

that transfer in writing to the Tribal Commission in a 

manner which details the new job and location and the 

operator for whom s/he proposes to work. 

6.5 Licensins Period. Any permanent employee gaming 

license issued pursuant to this section shall be effective 

for a period of one year from the date of issuance and 

shall contain the licensee's photograph and shall state on 

its face the name of the employee, the location at which 

s/he is licensed to work, the gaming operator who employs 

him, the date that the license became effective and the 

date that it expires. 

6.6 Renewals. A holder of an employee gaming license 

shall petiticn to have his license renewed, by applying to 

the Trlbal Commission for a renewal before hls orlglnal 

license has expired and updating all information contained 

in the original application. 

6.7 Recnrirement to Produce License U~on Recruest. Any person receiving an employee gaming license must carry 

that license upon his person during all working hours and 

must produce that license upon the request of any person. 

6.8 Suspension or Termination of Em~lovee License. 

(A) Grounds for Suswension or Termination. The Tribal 

Commission may suspend or terminate the license of any 

employee, after notice and an opportunity for a 

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Revised 3-4-96 
hearing, for any of the following reasons: 

(1) The employee has withheld pertinent 

information on his application; 

(2) The employee has made false statements on the 

application; 

(3) The employee has participated in gaming 

activity which was not authorized by any tribal 

gaming license; 

(4) The employee has attempted to bribe a tribal 

council member, Commissioner or other person in an 

attempt t~ avoid or circumvent tribal law; 

(5) The employee has offered something of value or 

accepted a loan, financing or other thing of value 

from a Tribal Commission member, a subordinate 

employee or any person participating in any gaming 

activity; 

(6) The employee has knowingly promoted, played or 

participated in any gaming activity operated in 

violation of tribal or federal law or the 

tribal/state gaming compact; 

(7) The employee has been knowingly involved in 

the falsification of books or records which relate 

to a transaction connected with the operation of 

gaming activity; 

(8) The employee has violated any provision of 

this Ordinance or the rules and regulations of the 

Tribal Commission; 

(9) The employee has been convicted of, or has 

entered a plea of nolo contendere to, any crime 

involving gaming, fraud, theft, embezzlement or 

other activity which, if perpetrated at his 

operator's place of employment, would injure or 

pose a threat to the public interest, or the 

integrity of the gaming activity, or the effective 

regulation of gaming or enhance the dangers of 

unfair, unsuitable or illegal gaming practices; 

(10) The employee has refused to comply with any 

lawful order, inquiry or directive of the Tribal 

Commission, the Tribal Council, the federal 

government or any court of competent jurisdiction; 

(11) The employee has been convicted of, or 

entered a plea of nolo contendere to, a crime 

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Revised 3-4-96 
involving the sale of illegal narcotics or 

controlled substances; or 

(12) The employee has been determined to have 

present or prior activities, criminal record, if 

any, or reputation, habits and associations which 

pose a threat to the public interest or to the 

effective regulation of gaming, or create or 

enhance the dangers of unsuitable, unfair, or 

illegal practices and methods and activities in 

the conduct of gaming. 

(B) Procedure for Suspension or Termination. Whenever 

it is brought to the attention of the Tribal 

Commission that a 2erson has failed to comply with any 

of the conditions of subsection (A), above, the Tribal 

Commission or its designee may either undertake an 

investigation of the gaming enterprise, or serve upon 

such person or any agent of such person an order to 

show cause why the employee should not be subject to 

disciplinary action. Such notice shall state the 

reason for the order, the time and place for the show 

cause hearing before the Tribal Commission, and that 

the person shall have an opportunity to present 

testimony and cross examine opposing witnesses, and to 

present any other evidence as to why a disciplinary 

action should not be issued. The hearing shall be set 

for not less than ten (10) days nor more than 14 days 

from the date of the notice. The hearing shall be 

governed in all respects in accordance with tribal law 

and Tribal Commission regulations. 

6.9 TemDorarv Sus~ension of Em~lovee Gamins License. 

(A) Any employee gaming license may be temporarily and 

immediately suspended by the Tribal Commission, the 

Tribal Court or the Council or its designee for not 

more than 30 days if any of the following have 

occurred: 

(1) The employee has been charged with a violation 

of any gaming law. 

(2) The employee's continued employment as a 

primary management official or key employee of a 

game or gaming enterprise poses a threat to the 

general public. 

(3) The employee has made a material false 

statement in his license application. 

(4) The employee has participated in gaming 

activity unauthorized by his tribal gaming 

license. 

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Revised 3-4-96