SEP 3 2002 

Kathryn L. Tierney 

Tribal Attorney 

Bay Mills Indian Community 

12 140 West Lakeshore Drive 

Brimley, Michigan 4971 5 

RE: Amendment to the Gaming Ordinance of the Bay Mills Indian Community 

Dear Ms. Tierney: 

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

the review and approval of the amendment to the Bay Mills Indian Community (Community) 

tribal gaming ordinance submitted on July 9, 2002. The amendment to the ordinance was 

adopted by the Band by Resolution No. 02-7-8 on July 8, 2002. This letter constitutes approval 

of your submission under the Indian Gaming Regulatory Act (IGRA). Such approval does 

not constitute approval of specific games. It is important to note that the gaming ordinance 

is approved for gaming only on Indian lands, as defined in the IGRA, over which the Tribe 

exercises jurisdiction. 

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

Bay Mills Indian Community for review and approval. The NIGC staff and I look forward 

to working with you and the Community in implementing the IGRA. If you have questions 

or require further assistance, please contact Ms. Frances Fragua at 202/632-7003. 

SincereJy yours, 

Montie R. Deer 

Chairman 

cc: Anne E. Bolton, BIA Field Representative 

NATIONAL HEADQUARTERS 1441 L St NW, Suite 9100. Wash~ngton. DC 20005 Tel 202 632 7003 Fax 202 632 7066 W.NlGC.GOv 

REGIONAL OFFICES Portland. OR, Sacramento. CA, Phoen~x AZ. St Paul. MN Tulsa OK 
121 40 West Lakeshore Drive 

Brimley, Michigan 4971 5 

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

RESOLUTION jl' I, 

il < 

Resolution No. 02-7-8 / c 

Amendment to Gaming Ordinance Lq? 

WHEREAS: The Bay Mills Indian Community is a federally 

recognized Indian tribe with a Constitution 

enacted pursuant to the Indian Reorganization 

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

WHEREAS: The Tribe regulates gaming on its Reservation 

under a compact with the State of Michigan and 

under its Gaming Ordinance, and 

WHEREAS: An amendment to the Gaming Ordinance is 

determined appropriate to eliminate employment 

suspension of indeterminate length for 

initiation of criminal proceedings, which: 

imposes burdens on the Tribe as an employer, 

including contingent liability for employee 

compensation if a suspended employee is found 

not guilty; imposes burdens on the Tribe's 

gaming employees, including financial penalties 

without redress through lost income pending the 

outcome of criminal court proceedings. 

NOW, THEREFORE BE IT RESOLVED, that the Executive Council 

of the Bay Mills Indian Community hereby adopts 

the following amendment to the Gaming Ordinance, 

with deletions struck out and additions in 

italics : 

7.32 Emwlovee Misconduct. Each operator mav sha&L 

immediately suspend without pay any employee who is 

charged with an offense described in subsection 10.2(BB) 

or any offense related to the sale, possession, 

manufacture and/or transport of illegal drugs. If a 

suspension is made on these srounds, the operator shall 

also immediately notify the Tribal Commission in writing 

of the name of the person and the pending charge and 

advise the Tribal Commission of the outcome of the case. 

If the employee is convicted or pleads nolo contendere to 

the charge, his or her employment shall be terminated. An 

employee terminated under this section for a drug-related 

conviction may be rehired, provided that such person is 

eligible for a gaming license, and provided further that 

such person passes a pre-employment drug screen test, and 
iiesoiution No. 02-7-8 

furnishes a substance abuse assessment by a licensed 

substance abuse program, and demonstrates compliance with 

that program's rehabilitation/ counseling plan. 

APPROVED : ATTEST: 

Executive Council 

CERTIFICATION 

I, the undersigned, as Secretary of the Bay Mills 

Indian Community Executive Council, do hereby certify that 

the above resolution was adopted and approved at a meeting 

of the Bay Mills Indian Community Executive Council held 

at Bay Mills, Michigan, on the 8th day of July, 2002, with 

abstaining-AS 

a vote of 4 for, 

per provisions 

opposed, 

of 

-0- 

the Bay Mills 

absent, and 1 

Constitution, the Tribal President must abstain except in 

the event of a tie. 

~xkutive Council 

- 
7.21 Displav of Gamins License. Each operator shall 

prominently display at each gaming site a current, valid 

tribal gaming licence. 

7.22 Maintenance of Premises. Each operator shall, at 

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

establishment, both inside and out. 

7.23 Facilitv Securitv. Each operator shall provide 

adequate security to protect the public before, during and 

after any gaming activity. 

7.24 Cooperation with Law Enforcement. Each operator 

shall cooperate at all times with law enforcement 

personnel. 

7.25 Record Ins~ection. Each operator shall make its 

premises and books and records available for inspection 

during normal business hours by the Tribal Commission or 

their designee, and by authorized representatives of the 

National Indian Gaming Commission. 

7.26 Gamins Occasion Restrictions. No gaming shall be 

conducted on special days of observance designated by the 

Tribal Council. 

7.27 Discrimination Prohibited. No operator may 

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

the conduct of any licensed gaming activity. Employment 

preference for tribal members and other Native Americans 

shall not constitute discrimination by the operator. 

7.28 Financial Record Review. Each operator shall keep 

accurate books and records of all moneys received and paid 

out and provide authorized representatives of the National 

Indian Gaming Commission and the Tribal Commission or its 

designee with copies of or access to the same upon 

request. 

7.29 Use of Net Proceeds. All net proceeds of any 

gaming activity shall be used only in a manner prescribed 

by this Ordinance. 

7.30 Reportins Reuuirement Compliance. Every operator 

shall comply with all applicable tribal and federal 

revenue reporting laws. 

7.31 Tribal Law Violation. It shall be a violation of 

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

Ordinance, any regulation of the Tribal Commission, or any 

order of the Tribal Court. 

7.32 Employee Misconduct. Each operator may immediately 

suspend without pay any employee who is charged with an 

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Revised 7-8-02 
offense described in subsection 10.2(BB) or any offense 

related to the sale, possession, manufacture and/or 

transport of illegal drugs. If a suspension is made on 

these grounds, the operator shall also immediately notify 

the Tribal Commission in writing of the name of the person 

and the pending charge and advise the Tribal Commission of 

the outcome of the case. If the employee is convicted or 

pleads nolo contendere to the charge, his or her 

employment shall be terminated. An employee terminated 

under this section for a drug-related conviction may be 

rehired, provided that such person is eligible for a 

gaming license, and provided further that such person 

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

substance abuse assessment by a licensed substance abuse 

program, and demonstrates compliance with that program's 

rehabilitation/ counseling plan. 

Section 8. Gross Proceeds Tax. 

8.1 Rate. There is hereby levied upon and there shall 

be collected from all enterprises an annual tax for the 

purpose of funding the Tribal Gaming Commission equal to 

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

as that term is defined in subsection 2.1 of this 

Ordinance. The tax levied by this section shall be a 

personal obligation of the taxpayer. 

8.2 Se~arate Accountins Practices. Any enterprise which obtains revenue from sources other than activities 

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

beverages, shall keep books to show separately the 

transactions used to determine the tax levied in this 

section. 

8.3 Tax Due Date; Accrual, Return and Sisnature. 

(A) Duty of Enterprise. The enterprise shall, on or 

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

out a return for the preceding month on a form 

prescribed by the Tribe, showing the entire amount of 

adjusted gross proceeds of his gaming activities, and 

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

transmit the return signed by the Primary Management 

Official, together with payment of the amount of tax 

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

the return is prepared by other than said Manager, the 

return shall so state, and shall qive the name and 

address of the person -preparing the return, together 

with his signature and the name of his employer, if 

any. 

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Revised 7-8-02